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HomeMy WebLinkAbout1999-08-17 CC Packet e REVISED AGENDA** CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-18 Council Chambers, 216 North Fourth Street August 17, 1999 REGULAR MEETING 7:00 P.M. 7 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - August 3, 1999, Regular and Recessed Meetings, August 3, 1999, Executive SessIOn PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum IS a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda The Council may take action or reply at the tune of the statement or may give dll'ectJ.on to staff regardIng mvestIgatIon of the concerns expressed STAFF REPORTS 1 F10ance DIrector 2 PolIce ChIef . 3 PublIc Works Director 4. Commumty 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- 220: DirectIng Payment of BIlls 2 Resolution 99-221. Amending Res 99-177, Part-tIme seasonal employment of Stephen Mandel as Labor Maintenance Worker 3 Resolution 99-222' Permanent employment of Scott GeVIng as Patrol Officer 4 Hang banner on N Main - Salem Lutheran Church, Sept 24-0ct. 10. 5 Resolution 99-223 Commending Shelly Schaubach for five years of service 6 Resolution 99-224: Declaring Cost to be assessed and ordering preparation of proposed assessment for 1999 Street Reconstruction (ProJect 9902) 7. Resolution 99-225: DeclarIng Cost to be assessed and ordenng preparatIon of proposed assessment for Downtown Decorative LightIng (project 9821) 8. Resolution 99-226 CallIng for hearIng on proposed assessment for 1999 Street Reconstruction (project 9902) 9 Resolution 99-227: CallIng for heanng on proposed assessment for Downtown Decorative LightIng (Project 9821) 10. Purchase of computer - AdmimstratIon 11 Resolution 99-228 Approvmg development agreement wzth Anchobaypro, Inc , for Long Lake Vzllas 12 Resolution 99-229: Approvmg renewal rate wzth MIl Lzft for group term and acczdental death and dzsmemberment znsurance . 13 Resolution 99-230: Approvmg well water and storm water dramage easement and agreement wzth Flymg Dutchman LLC CouncIl MeetIng 99-18 August 17, 1999 . UNFINISHED BUSINESS 1 Possible second reading of Ordinance 879, amendIng Chapter 57 of the City Code by establIshIng fee for pawnbroker lIcense (first reading July 20, 1999) 2 Possible appo1Otment to Charter Comrmsslon (resolution) 3 Possible second readIng of ordInance alloWIng special veluc1e use on roadways 4 Response to questIons from Save LIly Lake Committee NEW BUSINESS 1 Approve plans and specificatIOns for Lily Lake - Phase I (ResolutIon) 2 Request for on-site septic system replacement at 1924 N 1 st Street 3 Award bids on Curve Crest Extension Project (Resolution) 4 Downtown ParkIng Commission recommendation for parking space change for Nelson Alley 5 Possible first readIng of ordinance amending City Code by addIng proViSions to prohibit graffiti . 6 RecommendatIon on Browns Creek Watershed District appoIntment PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (contInued) COMMUNICATIONSIREOUESTS 1 Valley Co-op, Inc , - Request to hold event in parking lot on August 21, 1999 2 St CrOIx Area Umted Way - KIck-off breakfast for annual campaIgn 3 Mznnesota Deputy Regzstrars Assoc - Request for resolutIOn supportzng fee zncrease for deputy registrars COUNCIL REOUEST ITEMS STAFF REPORTS (contInued) ADJOURNMENT Possible adjournment to executive sessIOn to diSCUSS condemnatIOn proceedzngs * 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, m WhIch event, the Items wIll be removed from the consent agenda and consIdered separately **Items m ItalIcs are addItIOns to the agenda . . REGULAR MEETING CITY OF STILL WATER COUNCIL MEETING NO. 99-15 August 3, 1999 4:30 P.M. The MeetIng was called to order by Mayor KImble Present. Absent Councllmembers Bealka, Cummmgs, Zoller and Mayor Kunble CouncIlmember Thole Also present CIty Coordmator Knesel City Attorney Magnuson Fmance Drrector Deblon PolIce CaptaIn Peterson Bwldmg OffiCial Zepper Planner Fitzgerald Commumty Development DIrector Russell CIty Engmeer Eckles FIre ClnefKallestad CIty Clerk Weldon Of Press JulIe Kmk, Couner . Mayor Kunble Introduced DaVId Plggot, Executlve DIrector of the Metro East Development Partnerslnp Although he was lIsted on the agenda as addressmg CouncIl at the 7 p m. meetIng, he was heard at tlns trme Mr Plggot presented an overvIew of the Metro East Development Partnerslnp strategic plan. He stated he was aVailable for questlons from CouncIl and asked CouncIl contact lnm Ifhe can be of assIstance m the future STAFF REPORTS Fmance DIrector Deblon presented budget details to CouncIl and Informed them ofupcommg budget meetlngs Planner FItzgerald presented a copy of a letter wntten by Howard Lieberman, Chamnan of the Hentage PreservatIon COmmIssion (HPC), m response to MnlDOT's request for comments regardIng the Cultural Resources Study recently completed by Barbara HennIng. She IS a research analyst COmmIssioned by MnlDOT to study the cultural resources affected by the removal of the lnstonc Sttllwater Lift Bndge. The letter states the study onnts the slgmficant contnbuttng area on the east bank of the nver. The HPC stated the bndge must be maintained and preserved as the key lInk m the lnstonc context of StIllwater's past as a settlement bwlt upon the river Ms FItzgerald requested authonzatIon to subnnt the letter to MnlDOT MotIon by Councllmember Bealka, seconded by Councllmember Cumnnngs to authonze submissIOn of comments from Hentage PreservatIon COmmIssion to MnDOT regardmg the St CrOIx RIver Crossmg - ~1tural Resources Study All In favor . CIty EngIneer Eckles updated CouncIl on the Browns Creek Watershed Dlstnct (BCWD) response to CIty comments on the proposed BCWD rules He stated the CIty IS concerned the stance bemg taken by the BCWD IS cumbersome to work WIth and IS a duplIcatIon of the AUAR The BCWD may not recogmze the AUAR The BCWD appears to be assunnng a greater role as the governIng body than was ongmally mtended He also questIoned the legalIty of the BCWD adoptmg rules before a plan IS completed CIty CouncIl MeetIng 99-15 August 3, 1999 MotIon by CouncIlmember Zoller, seconded by CouncIlmember Bea1k:a to dIrect staff and CIty Attorney to . attend the Browns Creek Watershed Dlstnct (BCWD) meetIng and contact legIslators to express concerns regardIng the scope of powers of the BCWD All In favor. CIty CoordInator KrIesel reported a request to sell advertISIng was receIved from the St CroIx Valley Hockey ASSOCIatIOn They proposed paymg the City $80,000 per year for exclUSive nght to sell advertlsmg at the recreatIon center and LIly Lake Arena Tom McGlmch ,St CrOIX Valley Hockey AssociatIon, was present to answer questIons regardmg the AssOCIatIon's request to sell advertIsmg at the recreatIon center CouncIl questIoned If the hockey association had made any payment on theIr pledge for the constructIon of the recreatIon center Mr McGlmch reported no payment had been made. The associatIon was runnIng tIght financIally The asSOCIatIon also wants recogmtIon ofthe CIty as a partnerslnp, there needs to be more behInd It for the asSOCIatIon to be enthused MotIon by CouncIlmember Bealka, seconded by CouncIlmember Cummmgs to dIrect staffto prepare addItIonal mformatIon and return to CouncIl With a report on St CrOIx Valley Hockey Assoclatlon's request to sell advertIsmg at the St CroIX Valley RecreatIon Center and LIly Lake arena All In favor CIty Coordmator KrIesel also reported a request has been made by a City busmess to begm usmg electnc motonzed velncles on CIty streets. The State ofMmnesota does not reqwre these velncles to be licensed, however, CItIes are allowed to regulate theIr use He recommended the CouncIl consider haVIng a first readIng of an ordInance regulatmg the use of electnc carts/velncles on City streets. (actIon taken at end of 7. p m meetmg) Recess at 5 55 P m RECESSED MEETING 7:00 P.M. The meetIng was called to order by Mayor KImble Present Also present CouncIlmembers Bea1k:a, CummIngs, Thole, Zoller and Mayor KImble CIty Coordmator KrIesel CIty Attorney Magnuson FInance DIrector Deblon City Engmeer Eckles Commumty Development DIrector Russell FIre ClnefKallestad BuIldmg OffiCial Zepper CIVil EngIneer Sanders Planmng COmmIssioner Fontaine CIty Clerk Weldon Press JulIe KInk, Couner Mark Brouwer, Gazette . 2 City CouncIl Meetmg 99-15 August 3, 1999 <<ROV AL OF MINUTES otIon by Councllmember Cummmgs, seconded by Councllmember Thole to approve the Mmutes of July 20, 1999, Regular Meetmg All m favor CONSENT AGENDA MotIon by CouncIlmember Cummmgs, seconded by CouncIlmember Thole approvmg the Consent Agenda. All In favor 1 Resolution 99- 200: DIrectmg Payment ofBtlls 2 Resolution 99-201 Addendum No.1 to agreement With Local 517, CouncIl 14, AFSCME 3 Resolution 99-202. Full-time employment of WIlham Mayavslo. as patrolman - Pohce Dept. 4 Resolution 99-203 PromotIon ofDavm MIller to sergeant - Pohce Dept. 5 Resolution 99-204 Contract With Century College for Law Enforcement trammg program 6 Resolution 99-205 Full-tIme employment of Ronald Enckson as the BuIldmg Mamtenance Worker II 7 Temporary on-sale 3 2% malt hquor, August 20-22, tournament at LIly Lake Park - S G Softball, Coos Soller 8 Temporary on-sale 3.2% malt hquor, August 13-15, tournament at LIly Lake Park- Champs/Galyans, Todd Pohtka 9 AuthonzatIon to begm promotIon process for captam - FIre Dept 10 Resolution 99-206. Promotion of Stuart Glaser to part-tIme assistant clnef - FIre Department . Resolution 99-207: On-sale Sunday hquor hcense - Amencan Legion #48 Resolution 99-208. Acceptmg quotatIon from A W I Dlversrfied for fence constructIon at Pioneer Park 13 Resolution 99-209: Acceptmg quotatIon from Bailey ConstructIon for fence post placement at Pioneer Park PUBLIC HEARINGS 1. Project No 9912 ThIs IS the day and tIme for the pubhc heanng to consider the 62nd Street Water Main ExtenSion. Notice of the heanng was pubhshed m the Stillwater Gazette on July 9 and 16, 1999; and notices mailed to affected property owners CIvIl Engmeer Sanders reVIewed the proposed project The water mam extension would be constructed as part of two separate projects (thIs project and the Curve Crest Extension Project) It would be financed through and area-Wide assessment on developable property A portIon of the cost to reconstruct 62nd Street would be assessed to adjacent property owners A neighborhood meetmg was held last month. QuestIons Included the additIon of street hghts, conversion of overhead utIhtIes to underground, the location of the cul- de-sac, and future SanItary sewer main The Mayor opened the public heanng. RIchard Huelsmann, 12610 62nd Street N , stated he understood the street would stay at 16 feet Wide He beheved It should be Wider, a nummum of 18-20 feet If sewer and water go In, It would be strIctly for the . benefit of new development No assessment should be made to 62nd Street property owners In addition, there Will be no lIDprovement to the current road The only area With potholes IS adjommg City property. He also referred to the Orderly Annexation Agreement wlnch stated new City reSidents who are not requestIng City ServIces or subdiVISIon Will not be assessed for lIDprovements related to development. He also requested the conSideratIon of mstallatIon of street hghts In additIon, he requested NSP put In 3 CIty CouncIl Meetmg 99-15 August 3, 1999 underground power at the tlme the road IS tom up He agreed the cul-de-sac would clearly be a benefit and. would be wIllIng to share m the cost CIty Attorney Magnuson stated that If a substandard street IS Improved, It can then be assessed Greg Machesney, 12727 620d Street, concurred WIth Mr Huelsmann's statements He stated there was no need for SIdewalks He was not mterested m street lIghts, but some would be alnght He did not want trees cut down to place the utllItIes m the easement along the Side of the road Dan Herbst, developer of Legends of StIllwater, supported the proJect He requested the City defer the closmg of 620d Street untIl access through the LIberty, GadIent, and Bergmann propertIes was -aVaIlable UntIl that tune, 111mted access to the area could slow emergency response for polIce and fire Lucy GolIsh, 12563 620d Street, requested "no constructlon traffic" sIgnage She was m favor of the cul-de- sac, some new street lIghts, and underground electncal A reSIdent at 12601 620d Street agreed With the comments of GolIsh and Huelsmann The reSident appreciated CouncIl heanng theIr concerns and requested the area be dIsturbed as lIttle as possIble. The Mayor closed the publIc heanng Motlon by CouncIlmember Thole, seconded by CouncIlmember CummIngs to adopt Resolution 99-210 Ordenng Improvement and Preparatlon of Plans and Speclficatlons for water mam and street unprovements to. serve 620d Street (proJect 9912) Ayes CouncIlmembers Bealka, CummIngs, Thole, Zoller and Mayor KImble Nays None 2 Appeal ofPlannmg Comnnsslon declSlon regardmg request for 40' by 60' metal storage bwldmg at 1372 S Greely St in the Multlfarrnly Resldentlal DIStnCt, RCM, Tun Thomsen, applIcant FontaIne explamed the request by Tun Thomsen, Parks DIrector, to buIld a metal bwldmg at LIly Lake Park. The Planmng Comnnsslon agreed there IS a need to cover the City eqwpment. However, the Comnnsslon felt tins IS a short term solutlon. If the City IS gOIng to move the Parks and PublIc Works Departments to another site m the future, It would not make sense to bwld the bwldmg now The demal was not a reJectlon ofMr Thomsen's request but a way to open dialogue for the future plans of publIc works and parks departments The Mayor opened the publIc heanng Charles Hooley, 920 S Greeley Street, felt the area IS already congested He recommended mOVIng the eqwpment to the mdustnal park and gettIng an appraIsal on the current property If sold, the funds could be used to expand the Parks Department CIty EngIneer Eckles stated he has advocated mov1Og the publIc works faCIlIty for a long tune However,. IS at least three years out to get Into a new bwldmg In the meantlme, there IS a large amount of eqwpmen out, exposed to weather and vandals The CIty would break even In two to three years by saVIng the wear and tear on the eqwpment When no longer needed, the bwldmg could be tom down and used as salvage 4 CIty CouncIl Meetmg 99-15 August 3, 1999 . Council determmed this was more than an appeal based on planmng and zonmg Issues More discussion would need to be held regardmg the future plans MotIon by CouncIlmember Cummmgs, seconded by Councllmember Thole to table the appeal of the Plannmg COmmISSIOn decISion regardmg the request for a 40' by 60' metal storage bwldmg at 1372 S. Greeley St. All m favor The Mayor took the followmg Item out of order (CommumcatIons No 3) He noted members of the Save LIly Lake COmmIttee were present and WIshed to be heard BIll Flerke and Del Peterson presented recommendatIons for ImproVing the LIly Lake Water Quahty Improvement ReView wluch was presented at the June 1, 1999, publIc heanng. Although the report was excellent, they were requestmg CouncIl mcorporate the recommendatIons of the COmmIttee regarding phosphorous removal. (action taken at end of meetmg) Duane Nelson, 607 Lake Dnve, requested mformatIon regardmg the Pme Street DiverSIOn and an update on plans and specIfications UNFINISHED BUSINESS 1 Case No PUD/99-18 Request from TIm Nolde for a concept Planned Umt Development reView of 26 18 acres ofland compnsed of smgle famIly lots (13 lots on 9 27 acres), 86 townhome unIts on 11.90 acres and approXImately 5.01 acres of park land, Green TWIg VIllas Development, located west of County Road 5 and east of Long Lake m the 62nd Street North Plannmg Area (contmued from 7/20/99) . City Attorney Magnuson stated this Issue was discussed at the July 20, 1999 meetIng and was contInued to allow for staff to further discuss conditIons of approval WIth Mr. Nolde. Mr Magnuson stated CouncIl had passed a resolution supportmg the MetropolItan CouncIl tax credit plan for affordable housmg. Staffhad met WIth Mr Nolde and had reached an agreement on Issues mcludmg Items related to TIF, utilIty and street costs, and landscape deSIgn Mr Nolde agrees to allow Immediate nght-of-way for construction. If they cannot agree on acqwSltIon costs, they have agreed to go to binding arbitratIon. Staff recommended approval, based on the mcluslOn m a development agreement of all Items agreed upon in diSCUSSions and the recommendations of the City Engmeer Motion by CouncIlmember Thole, seconded by Councllmember Zoller to adopt Resolution 99-211 approving the Planned Umt Development reView of26 18 acres of land compnsed ofsmgle famIly lots (13 lots on 9 27 acres), 86 townhome umts on 11 90 acres and approxImately 501 acres of park land. Green TWIg VIllas Development, located west of County road 5 and east of Long Lake m the 62nd Street North Planmng Area Ayes. Nays Councllmembers Bealka, CummIngs, Thole, Zoller and Mayor KImble. None. . 2 Case No SUB/99-19 Request from TIm Nolde for a PrelImmary Plat reView resubdIVlslon of 4 eXlstmg lots conslstmg of 26 18 acres mto 16 lots, 13 smgle famIly lots (20,000 square feet mImmum), 2 townhouse lots of6 62 and 5 28 acres and 501 park located m the 62nd Street North Plannmg Area between CR 5 and Long Lake (contInued from 7/20/99) MotIon by CouncIlmember Thole, seconded by CouncIlmember Zoller to adopt Resolution 99-212 approVingnPrehmmary Plat reVIew resubdIVlsIon of 4 eXlstmg lots consIstmg of 26.18 acres mto 16 lots, 13 smgle famIly 5 CIty CouncIl Meeting 99-15 August 3, 1999 lots (20,000 square feet Inlmmum), 2 townhouse lots of6 62 and 528 acres and 501 park located m the 62nd. Street North Planmng Area between CR 5 and Long Lake Ayes Councllmembers Bealka, Cummmgs, Thole, Zoller and Mayor K.1mble Nays None 3 Case No ZAM/99-2 Request from the CIty of Stillwater for a Zonmg Map Amendment desIgnatmg 1420 acres ofland located on the east sIde of Long Lake m the 62nd Street North Plannmg Area, Lakeshore ResIdentlal, LR, (mmrrnum lots SIze 20,000 square feet) from Agncultural Preservation, AP (contmued from 7/20/99) MotIon by Councllmember Thole, seconded by Councllmember Zoller to adopt Resolution 99-213 approvmg the Zonmg Map Amendment desIgnatmg 1420 acres ofland located on the east side of Long Lake m the 62nd Street North Planmng Area, Lakeshore ReSIdentIal, LR, (mmrmum lots size 20,000 square feet) from Agncultural PreservatIon, AP Ayes Councllmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble Nays None 4 Case No ZAM/99-3 Request from the CIty of StIllwater for a Zonmg Map Amendment deSignatIng 11 90 acres ofland located west of CR 5 at Curve Crest Blvd m the 62nd Street North Plannmg Area to Townhouse ReSidentIal, TR (mllllmum lot size 5,000 square feet per dwellmg UnIt) from Agncultural Preserv.lIon, AP (contmued from 7120/99) . Motion by Councllmember Thole, seconded by Councllmember Zoller to adopt Resolution 99-214 approvm~ Zonmg Map Amendment deSIgnating 11 90 acres of land located west of CR 5 at Curve Crest Blvd m the 62n Street North Plannmg Area to Townhouse ReSidentIal, TR (mlDlDlum lot SIze 5,000 square feet per dwellmg unIt) from Agncultural PreservatIon, AP Ayes Councllmembers Bealka, Cummmgs, Thole, Zoller and Mayor K.1mble Nays None MotIon by Councllmember Thole, seconded by Councllmember BeaIka dIrectIng staff to prepare a Development Agreement for Green TWIg Villas development All m favor Recessed at 8 40 P m Reconvened at 8 55 P m. 5 POSSIble second readmg of Ordmance 879 amendmg Chapter 57 of the City Code by establishIng fee for pawnbroker lIcense (first readmg July 20, 1999) MotIon by CouncIlmember Thole, seconded by Councllmember Zoller to table the second readmg of Ordmance 879 amendmg Chapter 57 of the CIty Code by establIslung fee for pawnbroker lIcense All m favor 6 Request for authonzatIon to enter mto contract WIth SRF to update the AIple property park plan based on current bndge 10c.lIon (ResolulIon) . MotIon by CouncIlmember Bealka, seconded by Councllmember Thole to table the dISCUSSion of entenng mto a contract WIth SRF to update the AIple property park plan based on the current bndge locatIon to Sept 7, 1999 All m favor 6 CIty CouncIl MeetIng 99-15 August 3, 1999 .7 Report on process to update tree ordinance Commumty Development DIrector Russell requested dIrectIon to meet With residents on both sides of the Issue to attempt to develop an ordInance that would be acceptable to CouncIl A publIc meetIng could be held to discuss the Issues and a report brought back to COunCIl. CouncIlmember Bealka felt there had been enough meetmgs and publIc comment The current ordinance IS sufficIent MotIon by CouncIlmember Thole, seconded by CouncIlmember Zoller to dIrect staff to arrange meetIngs With concerned groups to further discuss the updatIng of the tree ordmance. 4-1 (Bealka nay) 8 Request for matchIng funds for purchase of Browns Creek natural area Commumty Development DIrector Russell reported the DNR has approved the City applIcation for a matclnng grant of $300,000 through the Greenways Program for the purchase of a 27-acre Brown's Creek natural area site. ThIs area was Identified by the City'S Open Space Comnnttee as the lnghest pnonty for open space preservatIon A Natural Resource Study of the site was commissioned by CouncIl m the Fall of 1998. Plans for the area are to restore It to ItS natural conditIon and establish pathways through the site. The plan IS endorsed by the Planmng Commission and the Parks Board. He recommended acceptance of the Greenways Grant and directIon for staff to negotiate the purchase of the land .Shem Buss, Bonestroo, Rosene, Anderl1k & Assoc., presented a summary of the Natural Resource Study, statIng the site had tremendous potentIal for restoratlon and had slgmficant ecolOgical value. CouncIlmember Zoller questIoned If the comprehensive plan showed this area to be deSignated as open space City Attorney Magnuson stated If It IS not, the Issue Will need to be discussed by the Joint Board Motion by CouncIlmember Bea1ka, seconded by Councllmember Thole, acceptIng $300,000 DNR Metro Greenways Grant for the purchase of Brown's Creek natural area and directIng staff to negotIate the purchase of land With property owners All In favor 9 Report on Cayuga As dIrected by CouncIl on July 6,1999, staffmet WIth Max Todo representatives and RIchard Anderson regarding future restoratIon pOSSibilIties for the Cayuga. Community Development DIrector Russell reported he, along With the City Attorney and the City Coordinator have met With both mterests CouncIl dIscussed both proposals Motion by Councllmember Thole, seconded by CouncIlmember Zoller directing staff to proceed With entenng Into an agreement With MaxTodo for the lease and restoration of Cayuga All In favor .10 POSSible appoIntment to Charter CommIssion (Resolution) No action taken CouncIl to return With recommendations for next meetIng 7 CIty CouncIl Meet10g 99-15 August 3, 1999 11 Request for ComprehensIve Plan Amendment tlme extension . CIty Coordmator Knesel presented a memo from Commumty Development Drrector Russell winch explamed the City IS requrred to update ItS Comprehensive Plan for the areas of samtary sewer system mflo and mfiltratIon and on-sIte septIC system mspectIon The preVIous deadlme was June 10, 1999 This request will extend the deadlme to December 31, 1999, to allow the coordInatIon of the update With the PublIc Works Department (I & I) and BUlldmg InspectIon (septIc system) reVIews MotIon by CouncIlmember Thole, seconded by Councllmember Bealka to adopt Resolution 99-215 Approvmg resolutIon requestmg extensIon of due date to December 31, 1999, for reVIew of Comprehensive Plan for consistency With amended MetropolItan CouncIl PolIcy Plans. Ayes CouncIlmembers Bealka, Cumrmngs, Thole, Zoller and Mayor KImble Nays None NEW BUSINESS 1 Request to subdiVIde a 15,700 square foot lot mto two lots of7,850 each at 721 South Greeley Street m the RB, Duplex ReSidentIal DIStrICt, Karen and Eugene Lampl, applIcants Case No. SUB/99-29 Commumty Development Drrector Russell reported tlns request meets lot sIZe and dImension reqUlrements On July 12, 1999 the Planmng comnnsslon unammously recommended approval MotIon by Councllmember Zoller, seconded by CouncIlmember Thole to adopt Resolution 99-216 approvmg. subdiVISion of a 15,700 square foot lot mto two lots of7,850 each at 721 South Greeley Street. Ayes CouncIlmembers Bealka, CummIngS, Thole, Zoller and Mayor K1m.ble Nays None 2 Approvmg plans and speCIficatIons, authonzmg advertIsement for bids for 62nd St Water Mam ProJect CIty Engmeer Eckles reported the bid date Will be August 26, 1999, With bids presented to CounCIl on September 7, 1999 MotIon by CouncIlmember Bealka, seconded by Councllmember Thole to adopt Resolution 99-217 approvmg plans and speCIficatIons and ordenng advertIsement for bids for water mam and street Improvements to serve 62nd Street (proJect 9912) Ayes CouncIlmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble Nays None. 3 Request for payment for Trout Stream RealIgnment Project CIty Eng10eer Eckles reported CouncIl had preVIously approved the project and agreement WIth the DNR for the Brown's Creek Realignment Project As part of the agreement, payment IS reqUlred wltlnn 30 days of the state's acceptance of the bId The bId ofF M Frattalone Excavatmg and Gradmg, Inc, was accepted b. the State on July 15, 1999 The CIty payment IS due August 14, 1999 MotIon by CouncIlmember Zoller, seconded by CouncIlmember Thole authonzmg payment of $200,844 50 to the State of Mmnesota DNR for the CIty'S share of the Brown's Creek realIgnment project costs All m favor 8 CIty CouncIl MeetIng 99-15 August 3, 1999 . RecreatIOnal facilItIes management agreement With S1. CroIX Caterers CIty CoordInator Knesel presented a reVIsed agreement for the faCIlItIes management of the St. CrOIx Valley RecreatIon Center and the LIly Lake Arena. The agreement IS sunIlar to the current agreement except It does not mclude proVISions related to constructIon and start-up SerVIces He stated St CroIX Caterers have proVIded an excellent management ServIce tlns past year and recommended approval of the agreement MotIon by Councllmember Bealka, seconded by CouncIlmember Thole to adopt Resolution 99-218 approvmg the agreement With St CroIx Caterers for facIli.tIes management of the St CrOIx Valley RecreatIon Center and the Lily Lake Arena ' Ayes. Nays Councllmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble None 5 Possible appomtment to Hentage PreservatIon Comrmsslon MotIon by CouncIlmember Thole, seconded by CouncIlmember Cummmgs to adopt Resolution 99-219 appomtIng Dean MIller as member ofHentage PreservatIon Commission for a term to expIre January 1,2001 Ayes: es 6 Councllmembers Bealka, Cummmgs, Thole, Zoller and Mayor KImble. None County Road 5 trail plOWIng City Engmeer Eckles reported ISD 834 has mformed the City that they have mcreased the elementary walkmg boundary for LIly Lake School to 0 75 mIles The City does not maintain the Sidewalks along County Road 5 It has been past polIcy to leave these walkways unplowed m the WInter. City Coordmator Knesel suggested CouncIl conSider a contract for these SerVIces. MotIon by Councllmember Thole, seconded by CouncIlmember Bealka drrectIng staff to plow Co Rd. 5 walkways WItlnn elementary walkmg boundary for LIly Lake School. All in favor 7 RecommendatIon on candidate for Brown's Creek Watershed DistrIct Board. Contmued to Aug 17 COMMUNICATIONSIREOUESTS 1 Holly Owen - reSIgnatIOn from Planmng ConmusslOn. 2. WIllIam TaIt, Autumn Wood AsSOCiatIon - request for no parkIng SIgnS MotIon by Councllmember Thole, seconded by CouncIlmember Zoller to dIrect the request for no parkIng ~ge on Autumn Way to the Pohce Clnef forrevtew and recommendabon All m favor 3 Save LIly Lake Committee - request for approval of recommendatIons for Improvement 9 CIty CouncIl Meetmg 99.15 August 3, 1999 Mohon by CouncIlmember Bealka, seconded by CouncIlmember Thole dIrectmg staff to prepare a wntten response to request from the Save LIly Lake COmmIttee for approval of recommendatIons for Improvement to. the LIly Lake Water QualIty Improvement RevIew All m favor 4 Ron and Conme RIchards - suggestIons for payment of water and utIlIty bIlls CouncIl dIrected thIS Item to the Fmance DIrector STAFF REPORTS (continued) CIty Coordmator Knesel requested CouncIl dIrectIon on the diScussIon held earlIer m the meetIng regardmg the use of electnc carts on CIty streets MotIon by CouncIlmember Bealka, seconded by Councllmember Thole to have a first readIng of an ordInance allowmg special velucle use on roadways. All m favor MotIon by CouncIlmember Thole, seconded by CouncIlmember Zoller approvmg the attendance of the Clerk at the Global ElectIOn Systems trammg and approvmg transfer of funds from electIon mamtenance agreements as the source of funds All m favor ADJOURNMENT MotIon by CouncIlmember Thole, seconded by CouncIlmember Bealka to adjourn to executIve session to dISCUSS condemnatIon proceedmgs at 10 20 P m All In favor . Mayor Attest City Clerk . 10 City Councll Meetmg 99-15 August 3, 1999 ~lution 99- 200: DIrectIng Payment of BIlls ~lution 99-201 Addendum No 1 to agreement With Local 517, CouncIl 14, AFSCME Resolution 99-202 Full-tIme employment of WIlham MayavskI as patrolman - Pohce Dept Resolution 99-203. PromotIon ofDavm MIller to sergeant - Police Dept. Resolution 99-204 Contract With Century College for Law Enforcement trammg program Resolution 99-205 Full-tIme employment of Ronald Enckson as the BuddIng Mamtenance Worker II Resolution 99-206 PromotIon of Stuart Glaser to part-tIme assistant chIef - FIre Department Resolution 99-207: On-sale Sunday hq~or hcense - Amencan Legion #48 Resolution 99-208. AcceptIng quotatIon from A.W.I. DiversIfied for fence constructIon at PIOneer Park Resolution 99-209: AcceptIng quotatIon from Bailey Constructlon for fence post placement at Pioneer Park Resolution 99-210 Ordenng Imlrovement and PreparatIon of Plans and SpecIficatIons for water mam and street Improvements to serve 62n Street (PrOject 9912). Resolution 99-211: approvmg the Planned Urnt Development review of26.18 acres ofland compnsed ofsmgle famIly lots (13 lots on 9 27 acres), 86 townhome umts on 11.90 acres and approXImately 5.01 acres of park land, Green TWIg Vlllas Development, located west of County road 5 and east of Long Lake m the 62na Street North Planning Area Resolution 99-212: approvmg Prehmmary Plat reVIew resubdIVlsion of 4 eXIsting lots consistIng of26 18 acres mto 16 lots, 13 smgle famIly lots (20,000 square feet mmtmum), 2 townhouse lots of6 62 and 5 28 acres and 5.01 park located m the 62nd Street North Plannmg Area between CR 5 and Long Lake. Resolution 99-213: approvmg the Zomng Map Amendment deSignatIng 14.20 acres ofland located on the east Side of Long Lake m the 62nd Street North Planmng Area, Lakeshore ResidentIal, LR, (mmtmum lots SIZe _00 square feet) from Agncultural PreservatIon, AP olution 99-214: approvinf Zomng Map Amendment deSIgnatIng 11.90 acres ofland located west of CR 5 Curve Crest Blvd in the 62n Street North Planmng Area to Townhouse ResidentIal, TR (nnmmum lot sIZe 5,000 square feet per dwellmg umt) from Agncultural PreservatIon, AP Resolution 99-215: Approvmg resolutIon requestIng extensIOn of due date to December 31, 1999, for reVIew of Comprehensive Plan for consistency With amended Metropolitan CouncIl Pohcy Plans. Resolution 99-216: approvmg subdiVIsion of a 15,700 square foot lot mto two lots of7,850 each at 721 South Greeley Street. Resolution 99-217: approvmg plans and specIficatIons and ordering advertIsement for bids for water mam and street Improvements to serve 62nd Street (PrOject 9912) Resolution 99-218: approvmg the agreement With St. CroiX Caterers for facihtIes management of the St CroIx Valley RecreatIon Center and the Lily Lake Arena. Resolution 99-219 appomtIng Dean Miller as member ofHentage PreservatIon COmmISSIOn for a term to expire January 1,2001. . 11 ,. ~ . . . RESOLUTION NO. 99-221 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Councll of the City of Stillwater, Minnesota, that the bills set forth and lteIlllZed on ExhIbit "A" totalmg $352,502.68 are hereby approved for payment, and that checks be Issued for the payment thereof The complete list of bills (ExhIbit II A ") is on flle in the office of the City Clerk and may be Inspected upon request Adopted by the Councll tIns 3rd day of August, 1999. Jay Kimble, Mayor ATTEST Modi Weldon, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-221 Abrahamson Nurseries Advanced Sportswear Inc Air Touch Cellular Allied Blacktop Co Amdahl, Chris American ClassIc Homes American Test Center Anoka-Hennepln Technical College Arrow BUilding Center AT&T Bailey Construction Bear Com Best Brake & Exhaust Service Inc Bonestroo Rosene Anderllk & Assoc Braun Intertech Corp Bryan Rock Products Inc Buberyl, Larry Buberyl Recycling Burleys Rink Supply Camas Aggregate DIvISion Capitol Communications CC Sharow Co Inc Century Labs Inc Century Power EqUipment CMC Rescue Equipment Inc Coca-Cola Cole Papers Commissioner of Transportation Construction Bulletin Cy's Uniforms Del's Outdoor Power Equipment Delta Dental Drummond American Corporation Edward Don Company Emergency Apparatus Emergency Product Sales Equipment Supply Inc Gall's Inc George W Olsen Construction Co Inc G K Services Goodwill/Easter Seals Hennepin Technical College Heritage Printing Infratech Sod for St CroIX Sports Center Uniforms Hockey Leaques/Camp Cellular telephone Street seal coabng/patchlng Shop door repair Grading deposit refunds Annual test fire truck EMT refresher course-Fire Dept Temporary no parking signs Telephone Handicap ramps RadiO servICe Tires - Fire Dept Services DNRlNat Resource/Streets Curve Crest Ext 9721 filled tests Rock class 2 Animal control transports Brush -Public Works Goal frame pkg/markless pucks Gravel Malnt agreements-radlos-Pollce Parts Hand lotion-Parks Dept Fuel cap Parks Dept Supplies-Fire Dept Concession supplies Towels/tiSSues Transportation manuals Ads for bids Curve Crest ExtenSion Unlforms-PohceJFlre Dept Chain-Public Works Sept cobra-Beberg BeeJwasp killer-Parks Dept Concession supplies Repairs 6102l6107-Flre Dept Bla-Hazard supplies-Fire Dept Service maIntenance Megaphonelbattenes for beach App #17 St CroIx Sports Center Untforms/rugs/towels/mops July 1999 ADC expenses TUition Firefighter /I Skating School flyers TV camera repairs " ~ . 1,500 00 2854 25 150 97 56,66688 6900 3,000 00 495 00 22016 2902 7103 2,350 00 282 69 549 90 861 45 1,529 50 452 72 16000 370 09 1,981 13 17344 456 00 986 7133 840 21240 41030 539 97 3500 223 30 770 21 6996 4605 348 55 143 99 977 50 4778 101 04 159 53 11,50000 2,073 01 343 00 16666 286 06 271 58 . . , ., eJOhnnyS lV Labor Relations Assocaltes Inc League of Minnesota CIties Magnuson Law Firm Medtronlc Physlo Control Menards Metropolitan Council Mil Life Inc Miller Excavating Minnesota State Board of Electricity Mogren Sod Farms Inc MUnlcllte Co Office Max Office of the State Auditor On Site Sanitation Paging Network of Minnesota Pro-Staff Quantum Labs Inc Saint CroIx Animal Shelter Saint CroIx Car Wash Saint CroIx Caterers Saint CroIx Office Supplies Saint CroIx Tree Services . Select Account Service Environmental & Engineering Shortys Stillwater Gazette Stillwater Glass Stillwater Landscaping Strelchers Sun Newspapers TA ScMsky & Sons Tees Plus Todd, Stephanie Tousley Ford Inc Transportation Components Co TWin City Concrete Co TV Custom Design Washington County Public Works Washington County Recorder/Reglstar Waste Management of MN Watson, Dennis Welson, Mortl Workwell Services . Install new camera and repair Supervisory training LMCIT safetyJLoss Control workshop Legal services Defibralator supplies Supplies Sewer charges September 99 Life Insurance Demo /haul out railroad bldg Inspection forms Sod -Public Works Stoplight 12 brake bulb Toner cartridge Seminar I TIF St Paul Portable restrooms Pager servlce-Pollce Dept Account clerk Rubber gloves-Parks Dept Services Apnl-May-June Squad car washes July 99 July management fees Office supplies Stump chipping PartiCipant fees Myrtle St Dump/Alple Prop Phase II Laundry Fire Dept I year subscnptlonlpubhcatlons Plexlglass Public Works Sod service Bicycle patrol shorts Lumberjack days ad Asphalt/tack DARE supplies Park depOSit refund Truck # 9 parts Evac parts Athletic field grid marker City of Stillwater pins Cleanup city roads Recordings July 99 garbage Service Computer programming Mileage Physlcal-Rugloskl-Flre Dept 170 00 526 50 8000 9,811 58 289 38 706 96 83,72415 1 ,415 20 4,250 00 2500 1331 5666 9582 5000 296 67 3820 884 00 1787 2,004 35 123 06 21,903 67 545 02 4793 195 30 5,10650 102 34 17560 128 00 624 00 4995 193 00 1,536 03 10602 3500 4512 6738 234 39 633 00 122 78 6600 102,46371 670 00 223 63 4000 ADDENDUM TO BILLS Ace Hardware Amoco Spnnt Fredkove Construction Co Kimble, Jay Kriesel, Nile Maple Island Hardware MN Dept of Public Health Northern States Power Office Max Prostaff Sherwin Williams Umverslty of MN US West Washington County Treasurer Adopted by the City Council thiS 17th day of August, 1999 Supplies St CroIx Rec Center Gasoline Move sound bamer on rooftop Mileage/Jaycee Dinner Levy ProJectlBudget meetings Supplies Watermaln plan review fees ElectriCity/Gas Office supplies St CroIX Rec Center Accounting Clerk Paint-Street Dept Public Sector Employment course Telephone Vehicle tabs TOTAL " ,. . 428 08 4,464 49 9000 11000 125 66 10481 1~0 00 12,45411 3624 663 00 124 50 390 00 421 50 850 352,502 68 . . " ~ . . . RESOLUTION NO. 99-_ AMENDING RESOLUTION 99-177 APPROVING PART-TIME SEASONAL EMPLOYMENT OF STEPHEN MANDEL AS LABOR/MAINTENANCE WORKER WHEREAS, the wage for Stephen Mandel was Incorrectly stated In Resolution 99-177 as $9 00 per hour, and WHEREAS, tlns is Stephen Mandel's second season With the City and the correct hourly wage should be $9 25 per hour NOW THEREFORE, BE IT RESOLVED, by the City CouncIl of the City of Stillwater, Mmnesota, that CouncIl approves the seasonal employment of Stephen Mandel at $9 25 per hour Adopted by CouncIl tlns 17th day of August 1999 Jay KImble, Mayor ATTEST Morh Weldon, City Clerk ,. LARRYJ.DAUFFENBACH CHIEF OF POLICE ~ THE BIRTHPLACE OF MINNESOTA CRAIG T. PETERSON CAPTAIN . POLICE DEPARTMENT August 3, 1999 To Mayor and City Counell From CaptaIn CraIg T Peterson Re Officer Scott GevIng Officer Gevmg's probattonary penod will be endmg on August 31 5t Officer GeVIng'S work over the past 12 months bas been above average and he has proven to be a great asset to the Stlllwater PolIce Department ChlefDauffenbach and I recommend that Officer GeVing's status to be that of permanent full tIme employee as of September 1, 1999 . Cc, ChtefLany Dauffenbach, Chantell Kadtn . 212 North 4th Street · Stillwater, Minnesota 55082 BUSiness Phone (651) 351-4900 · Fax (651) 351-4940 Pollee Response/Assistance 911 .. ~ . . . RESOLUTION NO. 99-_ APPROVING PERMANENT EMPLOYMENT OF SCOTT GEVING AS PATROL OFFICER BE IT RESOLVED, by the City CouncIl of the City of StIllwater, MInnesota, that the permanent, full-tIme employment of Scott Gevmg as Patrol Officer, from and after September 1, 1999, haVing served a probatIonary penod for twelve months, IS hereby approved. Adopted by CouncIl tlus 17th day of August 1999 Jay KImble, Mayor ATTEST Morh Weldon, City Clerk .. ~il~ate~ ";-;;",,,,,,,, ."".~ , . REQUEST FOR INSTALLATION OF BANNER 1 APPLICANT 2 3 4 ACTIVITY BEING PROMOTED BY PROPOSED BANNERS c:?,5'"~ tJ~ t6 ~~ 5 BANNER LOCATION REQUESTED o ~ o Mam Street at Ohve Street (Mad Capper)* North Mam Street - 100 Block (Kolhners)* . Chestnut Street at Umon Alley (Flrstar Bank) 6 *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED '!1tf~ 1J~9Cj~ COMPANY INSTALLING BANNER Address ~ d;A ~ S-I-. Phone V39- {5~b(j' , 7 FOR OFFICE USE ONLY ,0 10 CIty Date MnDOT Date (Required for MaIn Street LocatIons) Installer verification Date BANNER REQUIREMENTS ATTACHED . CITY HALL 216 1'JORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612-439-6121 "\ Clty O~ g tiQQwatelr, uUinnegota Celrti~icate o~ <..ApplreCiation pltesented to SHELLYSCHAUBACH WHEREAS, SHELLY SCHAUBACH, HAS RESIGNED FROM CITY EMPLOYMENT, EFFECTIVE AUGUST 6, 1999. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, SHELLY SCHAUBACH BE, AND SHE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID SHELLY SCHAUBACH HAS SERVED THE CITY F AITHFULL Y, EFFICIENTLY AND COURTEOUSLY FOR OVER FIVE YEARS. THE COUNCIL REGRETS THAT SHE HAS RESIGNED FROM CITY EMPLOYMENT BUT EXTENDS TO HER ITS APPRECIATION FOR HER DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK BE, AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO ENTER TIllS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELNER A CERTIFIED COpy THEREOF TO THE SAID SHELLY SCHAUBACH. ADOPTED BY THE CITY COUNCIL TIllS 17TI1 DAY OF AUGUST, 1999. vUayoll MEMORANDUM , August 11, 1999 . TO: Mayor and City CouncIl FROM: Klayton Eckles, City Engmeer te-~ Assessment Roll PreparatIon and Callmg for Hearing 1999 Street Reconstructlon, Project 9902 Downtown DecoratIve Street LIghts, Project 9821 SUBJECT: DISCUSSION: These projects are In the process of constructIon and WIll be completed tlns constructIon season. In order for these proJects to be certified to the County tlns year, the assessment rolls must be prepared and the heanngs scheduled for September 21, 1999 RECOMMENDATION: Staff recommends that CouncIl authorize the preparatIon of the assessment rolls and call for the heanngs on the above proJects to be held on September 21, 1999 at 7:15 p.m. and 7:30 p m. respectIvely ACTION REOUlRED: . If CouncIl concurs With the recommendatIon they should pass a motIon adoptIng the follOWing resolutions: 1 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1999 STREET RECONSTRUCTION (pROJECT 9902). 2 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DOWNTOWN DECORATIVE LIGHTING (pROJECT 9821) 3 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 1999 STREET RECONSTRUCTION (pROJECT 9902). 4 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR DOWNTOWN DECORATIVE LIGHTING (pROJECT 9821). . , . MEMORANDUM . . To Mayor and CouncIl ~ From Rose Holman, MIS Specialist Date 8/17/99 Subject Request to Purchase a Computer The AdmmIstratIon Department needs to purchase an additIonal computer (specs attached). The hard dnve on Nile's computer crashed and smce tins computer IS not Y2K comphant It needs to be replaced AdmmIstra1lon wIll be sWitchIng some computers around once the new computer arrIves m order to best u1lhze our technIcal resources. The cost of the computer Will be $1960 00 plus tax AdmmIstra1lon had m Its budget $2500 to purchase a rmcrofiche reader whIch Will not be used tins year We would lIke to use tins money to purchase the computer. Staff recommends approval of the purchase of tins computer Thank you. ~ Quote Generated for E-4200 450 ~Gateway. E-4200 450 Quote Number. 20813068MINNESOTA Dateffime: 08/13/1999 12:58 EST ClIent Name Rose Holman from City of Stillwater ClIent Phone. 651-430-8804 and Fax. 651-430-8809 Sales RepresentatIve: Chris Beisser x 55356 Comments: Processor: Intel@ Penuum@ III Processor 450MHz w/512 Cache Memory: 128MB 100MHz SDRAM expandable to 384MB Monitor: EV910 19mch color momtor (18.0inch viewable area) added: US$127 Case: E-Series 8-bay MId Tower Keyboard: MS Elite Natural Keyboard added: US$31 Mouse: MS IntellIMouse mouse & Gateway mouse pad Operating System: MIcrosoOO Wmdows 98 Second EditIon subtracted: US$75 Floppy Drive: 3.5inch 1 44MB diskette dnve CD-ROM: 17X nun /40X max CD-ROM dnve and PhilIps RecordablelReWnteable 4x14x124x CD-ROM added: US$194 Hard Drive: 13.6GB 5400RPM SMART IT Ultra ATA hard dnve Graphics Accelerator: AT! RAGE 128GL 16MB AGP Graphics Multimedia Package: Sound Blaster AudIoPCl 64D & GCS200 Speakers by Cambndge@ SoundW orks added: US$59 Network Card: 3COM PCl 101100 TWIsted Parr Ethernet wlWOL LANDesk Software: Intel@ LANDesk ClIent Manager Software v3.31 McAfee Anti-Virus Software: McAfee AntI Vrrus Software Service Program: 3 Year LImIted Parts Warranty & 3 Year On Site Power Protection: APe Pr08T2 Surge Protector added: US$39 Base Price: US $1560 Configured Price: US $1960 FOB Destination Quantity: 1 Total Price:US $1960 Prices and specifications are subject to change without notice or obligation. Sales tax, shipping & hand110g will be collected where appliCable. https.l/www.gateway.comlcgi-bm/gen_quote pi Page 1 of2 j . . . 8/13/99 ~ f. . . . WELL WATER AND STORM WATER DRAINAGE EASEMENT AND AGREEMENT TInS AGREEMENT is made tIns _ day of August, 1999, by and between the undersigned, Flymg Dutchman LLC, a Minnesota limited liability company ("Grantor") and the City of Stillwater, a municipal corporation m the County ofWashmgton, State of Minnesota (the "City''). WITNESSETH: WHEREAS, Grantor IS the owner of that certaIn real property located m the City of StIllwater, State ofMinnesota, that IS legally descnbed on Exhibit A attached hereto and made a part hereof (the "Property''). WHEREAS, the Property contaIns a buned pipe (the "Drainage System") that carries a permanent flow of water from artesian wells and other storm water drainage for which no easement has previously been granted. WHEREAS, Grantor and the CIty deSIre to create certaIn nghts and restrIctIons as to the maintenance, repair and replacement of the Dramage System. NOW THEREFORE, m conSIderation of the sum of One Dollar ($1.00 and other good and valuable consideratIon in hand paid by the City, the receipt and sufficiency of which IS hereby acknowledged, the partIes agree as set forth below. (1) Easement Grant. Grantor hereby grants to the City an easement (the "Drainage Easement'') for the use, mamtenance, reparr and replacement of the Dramage System in, under and upon that portlon of the Property described in Exlnblt B attached hereto and made a part hereof (the ''Easement Area"), subJect to the followmg terms and conditions: (a) The parnes agree that the Drainage Easement shall be solely for drainage purposes, It bemg understood that the City may Improve, repair and replace the Dramage System (collectively, the "Work") proVIded the Dramage System shall remain only In the Easement Area. N \PL\CDH\31043489 wpd (b) The Drainage System shall be operated m a manner that will not unreasonably mterfere with the use of the Property that lies outside of the Easement Area. In the event that It IS necessary at any tIme to enter the Easement Area to perform any Work, the City will use due care m performmg such Work and will leave the Easement Area in is good condition as it was found. . (c) Grantor will not overbuild the Easement Area With permanent structures, proVIded, however, Grantor reserves the right to use the Easement Area for any purpose not mconslstent With the DraInage Easement, including the followmg: (I) right to construct a cham link fence over and across the Easement Area; and (ii) the right to mamtain a parking lot and to park passenger automobIles upon the Easement Area. (d) The City shall be solely respoDSlble for any and all costs associated With the Drainage Easement and Work, it bemg understood that no pomon of such costs shall be charged to Grantor in the fonn of specIal assessments unless the special assessment would be in the form of a general area Wide assessment based upon the benefits received from unprovements made to the storm water dramage system in the downtown area of the City. Nothing m this Agreement shall constItute a limitatIon or a waiver of Grantor's right to appeal under any applicable law, ordinance or statute, an area wide assessment imposed by the City. (2) Le~al Effect. Each covenant contamed in this Agreement: (a) constitutes a covenant running with the land; and (b) is binding upon and for the benefit of Grantor and the City and their respective heirs, representatives, successors, and assigns (each a "Party"). . (3) Duration. TIns Agreement and each covenant and easement created hereby shall be perpetual in duration unless otherwIse terminated or amended with the express written consent of each Party. Notwithstanding the foregoing, upon any permanent abandonment or relocation of the Dramage System and the execution of a wntten terminatIon by the City, this Agreement shall be deemed terminated and the title of Grantor, Its heirs, representatives, successors and assigns will be free and clear of tlns Agreement. (4) Default.IniunctIve Relief In the event of any violatIon or threatened violation by either Party of any of the provisions of this Agreement, m addition to the nght to collect damages, the other Party Will have the nght to enjoin such violation or threatened VIolatIon in a court of competent junsdictIon. Pnor to the commencement of any such actIon, wntten notice of the VIOlation will be gIven to the Party claimed to have comnntted such VIolatIon. (5) Notice. Any notIce requIred herem shall be m writIng and shall be deemed effectlve and received (a) upon personal dehvery; (b) five (5) days after deposit in the Umted States mall, certified mall, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a nationally recognized overnight air courier, fees prepald, to the appropriate Party at the following addresses. . . . . To Grantor Flymg Dutchman LLC 9351 Otcmpwe Avenue North StIllwater, MN 55082 Attention: Lynn VanOrsdale To CIty City of StIllwater 216 North Fourth Street Stlllwater, MN 55082 AttentIon Mayor Either Party may desIgnate an additIonal or another address upon gIVlDg notIce to the other Party pursuant to tins paragraph. For the purposes of this Paragraph, "busmess day" shall mean a day which IS not a Saturday, a Sunday or a legal holiday of the United States of Amenca (6) Miscellaneous. It IS further declared as follows: (a) Attorneys' Fees If either Party lUStItutes any actIon or proceedmg agamst the other Party relatIng to the prOVISIOns of tins Agreement or any default hereunder, the unsuccessful Party in such action or proceeding Will reImburse the prevailing Party therem for the reasonable expenses of attorneys' fees and disbursements incurred by the successful Party. (b) Waiver of Default. No express waiver of any default Will affect any default or extend any period of time for performance other than as specified in such express waiver. One or more consents to any act or waivers of any default in the performance of any prOVIsion of this Agreement will not be deemed a consent of any subsequent sinnlar act or waiver of any subsequent default in the performance of the same provision or any other proVIsion. The rights and remedies provided by tins Agreement are cumulative and no nght or remedy will be exclUSive of any other, or of any other right or remedy, at law or in eqwty, which either Party rmght otherwise have by virtue of a default under this Agreement. (c) Governin~ Law. TIns Agreement will be construed m accordance with the laws of the State ofMmnesota (d) Captions The captlons of the paragraphs of this Agreement are for convemence only and are not mtended to affect the constructIon of the prOVISIOns herem. ( e) Coun terparts. TIns Agreement may be executed in counterparts, all of which, when taken together, shall constitute one and the same ongmal IN WITNESS WHEREOF, this instrument has been executed effective of the date first above wntten. FLYING DUTCHMAN LLC By: Its STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing mstrument was acknowledged before me this _ day of August, 1999, by Lynn VanOrsdale, the Clnef Manager of Flymg Dutchman LLC, a Minnesota limIted liabihty company, on behalf of the company. Notary Public . . . . . . CITY OF STil.L WATER Bi~ ~/4 By. !!l~ (I b. M~ Its. Clerk STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing mstrument was acknowledged before me tins J111y of August, 1999, by Jay L. KImble and Morh Weldon, Mayor and Clerk respectlvely of the City of Stillwater, a mumclpal corporatIon m the State of Minnesota, on behalf of the City of StIllwater ~~ otary Public eROSE ME HOLMAN NOTARY P\IIl.IHIINNESlTA MY COMMISSION EllPIRES 1 31 ZOOO DRAFTED BY Fabyanske, Westra & Hart, P A. 920 Second Avenue South Swte 1100 Mmneapohs, MN 55402 (612) 338-0115 EXHIBIT A LelZal Descnphon ofPropertv The followmg descnbed real property located m WashIngton County, MInnesota Part of Lot 6, Block 18, Ongmal Town (Now CIty) of Stillwater, descnbed as follows: Commencmg 18 feet North ofSW comer; thence East on a hne parallel to Myrtle Street 100 feet; thence North 32 feet to the North lme, thence-West 100 feet to the NW comer; thence South 32 feet to begmmng. . . . . " . EXHIBIT B Easement Area . . BOARD OF WATER COMMISSIONERS . 204 North Third Street PO Box 242 Stillwater, MN 55082-0242 Phone 651-439-6231 FAX 651-439-4061 ~ , ~ August 12. 1999 Mayor and City Council City of Stillwater 216 4th Sl N. Stillwater:MN 55082 - I ) (/(/ - \ \./ , , Re: Bonding for CODS1ruction of a 1.5 million-gaUon underground reservoir. Dear Mayor and Council: The Board ofWattr CommillSiOllClS, at their July 8, 1999 meeting received favorable remtt.'l fimn water testing done on a test wen in the newly anneyed area of the City. . Because oftbis they have wted to go ahead with coostnJdion of City WeD #11, along with a well house, booster station and 1.5 million-gaUon underground reservoir. The City Council at their June 1, 1999 meeting approved the placement of this reservoir on the land known as Settlers Park. The estimated cost of this entire project is $2,230,000.00. The Board is requesting the City of Stillwater to begin the process of securing a $1,600,000.00 bond for the CODS1ruction of this project, as the Board of Water Commissioners cannot do this. . I have enclosed a cost estimate sheet of the project along with the financial situation of the Board for your review. Sincerely, ~~/ ~imM~ght SccrctaryIManager . . . . ~ , .. 1 Jim McKnight April 22. 1999 Page 4 PrOject E...tJmale I 5 Million Ground Reservoir Split Ba'iIn DeSIgn. Booster StatIon With 3 Pumps And Natural Gas Generator Assume Land At No.Cost To Board And That Site Doesn't Present Groundwater Uplift Concerns Combined Wellhouse and Booster Pump StatIon 3-75 Hp pumps with ASD's @ $56,000 Electrical and Control PIping and Valves Natural Gas Generator ElectrIcal Control and transfer SWitch Wellhouse & Booster Station Estimate $460,000 $168,000 $40,000 $66,000 $150,000 $36,000 $920,000 Ground Storage 1.5 Million Gallon Flat Top - Split Basin Design $875,000 $36,000 $911,000 Site Improvements and ExcavatIon Ground Storage ReservOir EstImate Engineering Include Sods $198,000 Total Project Cost EMimate $2,029,000 Estimated Annual Costs (Operatmg) Booster Electrical 262,800 KWHs @ 0.065 KWH AdditIonal Heat Required Storage, Pump and Generator Maintenance Annual Operating Costs $17,100 $1,200 $9,600 $27,900 50 Year Life Cost OrIgmal Cost 50x $27,900 EstImated Life CO'it $2,029,000 $1,395,000 $3,424.000 ,-~! . ( .. W1t r - -.,", "'(, - ..~~~ "':ft.. COSTS ASSOCIATED WITH NEW WELL & STORAGE FACILITY NEW WELL $ 200,000.00 920,000.00 WELLHOUSE & BOOSTER STATION 1.5 MIllION GALLON RESERVOIR 911,000.00 ENGINEERING 198,000.00 TOTAL $2,229,000.00 CASH ON HAND $1,440,00000 LESS 6 MONTH OPERATING COSTS 425,000.00 LESS BORROWED TO CITY , 62ND ST BALANCE ON HAND 400,000.00 $ 615,000.00 AMOUNT OF BOND NEEDED $1,614,000.00 . . . . August 17, 1999 ExecutIon Draft DEVELOPMENT AGREEMENT RELATING TO LONG LAKE VILLAS BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA . AND ANCHOBA YPRO, INC., a Minnesota corporation ThIS agreement was drafted by . David T Magnuson, #66400 Magnuson Law FIrm 333 North MalO Street SUIte 202 POBox 438 Sttllwater, MN 55082 651/439-9464 TABLE OF CONTENTS SectIon 1 RecItals 1 01 The Property 1 02 PublIc Improvements 1 03 Pubhc Improvements, Plans, SpeCIfications 1 04 Pubhc Improvements, Warranty SectIon 2 Developer's RepresentatIons 2 01 No DisabIlity 2 02 ExecutIon No ViolatIon 2 03 LItIgatIon 204 Compliance SectIon 3 Public Improvement Schedule 3 01 Schedule and Secunty 3 02 Final Plat Approval 3 03 Selection and Control of Contractors 3 04 Contracts for Work 3 05 DedicatIon of Work SectIon 4 Security 4 01 Consultant Fees and Charges 4 02 Security for Cost of Developer Improvements SectIon 5 Developer's Responsibility 5 01 Easements . .. 5 02 Inspection . 5 03 Engmeering Data 5 04 ErosIon Control Measures Dunng Constructlon 5 05 Payment of Hook-Up Charges 5 06 Curve Crest Assessments 5 07 RIght-of-Entry for Curve Crest ExtenSIon 508 Payment for Collector Street RIght-of-Way 5 09 Park Dedication 5 10 City Regulations 5 11 Establishment ofHousmg DIstnct 5 12 Damage to City or County Facilities Section 6 Insurance 6 01 Insurance Section 7 Model Homes SectIon 8 IndemnificatIon 8 01 IndemmficatIOn . 802 Enforcement by CIty, Damages SectIon 9 Events of Default 901 Events of Default Defined 1 1 1 1 1 1 -2 2 2 2 .2 2 2 2 2 3 3 3 3 ... .J 3 .3 .4 4 4 4 ..4 4 5 5 6 6 6 6 7 7 7 7 7 7 . . . . . . 9 02 Remedies on Default SectIon 10 Administrative ProvIsions 10 01 Notices. ..... .., SectIOn 11 Additional PrOVISIons 11 01 Titles of Sections 11 02 Counterparts . 11 03 Modification 11 04 Law Governing 11 05 Severability Section 12 Termination of Agreement 1201 TerminatIon .... ...... . 8 8 8 9 9 9 9 9 9 9 9 LIST OF EXHIBITS EXHIBIT A - Property Description EXHIBIT B - Public Improvements and Estimates of Costs EXHIBIT C - Temporary Pernnt to Construct 11 DEVELOPMENT CONTRACT . THIS AGREEMENT, made tlus day of , 1999, between the CITY OF STll..LWATER, a politIcal subdIvISIon of the State of Minnesota, ("CIty"), and ANCHOBA YPRO, INC , a Minnesota corporatIon, 775 Green TWIg Way, StIllwater, Minnesota 55082 (the "Developer"), WITNESSETH THAT, the partIes hereto reCIte and agree as follows Section 1. Recitals. 1.01 The Prooertv. The Developer now owns part of the property, and a vendee's Interest 10 a Contract for Deed on the remaInder of the property descnbed In the attached ExhIbIt "A" comprising 26 18 acres located In the City of Stillwater, Washington County, Minnesota Developer proposes to subdivIde the property Into parcels compnsing 9 27 acres proposed for 13 sIngle family detached homes, 6 62 acres proposed for 36 townhomes; 5 28 acres proposed for 50 townhomes, and 5 01 acres of dedIcated parkland (the "Project") 1.02 Public Imorovements. The Developer has requested to be allowed to prepare plans and specIfications and to award contracts to construct the Interior streets, water, sewer and any other Improvements necessary to serve the Property ("Public Improvements") A description of the public improvements and estImates of costs is attached as ExhibIt ''B'' 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 . 1.03 Public Imorovements: Plans. Soecifications. The CIty agrees to authonze Klayton Eckles. P.E, the City EngIneer, to review and approve the plans and specifications prepared by the Developer for the Public Improvements The specifications must be both to City standards and the rules and regulatIons of the Board of Water Commissioners Approval by the City Engtneer of the plans and specIficatIOns for the Public Improvements IS a condition of this Agreement 1.04 Public Imorovements. Warranty. Developer agrees that the work will be done In a workmanlike manner, that all materials and labor WIll be in stnct conformity to the specIficatIOns and any reqUIrements set forth by the CIty All work done pursuant to thIS contract is subject to the inspectIon and approval of the City Engineer, who wIll have the authonty to suspend or stop work on the Project If any condition of tlus contract is breached or any law or administrative rule IS VIolated If any matenal or labor that IS supplIed IS rejected by the City EngIneer as defectIve or unSUItable, then the rejected matenals must be removed and replaced WIth approved material, and the reJected labor shall be done anew to the satIsfactIOn and approval of the CIty EngIneer at the sole cost and expense of the Developer ThIS warranty will extend for one year beyond the final acceptance of the PublIc Improvements by the City Section 2. DeveloDer's ReDresentations. The Developer represents to the City that as of the date of thIS Agreement, the statements set forth In this sectIon are true . . . . 2.01 No Disabilitv. The Developer knows of no legal disabIlity that would prevent them from carrying out this Agreement 2.02 Execution No Violation. The executIOn, delivery and performance of this Agreement do 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 2.03 Liti2ation. There are no pending or, to the knowledge of the Developer, threatened actIons or proceedings before any court or administrative 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 tins Agreement 2.04 Comoliance. The Developer will comply WIth and promptly perform all of Its obligations under this Agreement and all related documents and instruments. Section 3. Public Imorovement Schedule. The Developer will install improvements according to a schedule approved by the City Engineer 3.01 Schedule and Security. Approval by the City Engineer will be required before construction may begin and Security as descnbed in this Agreement must be provided to the City, and a schedule for completion of must be agreed upon. In the event that Developer fails to complete any element of the work according to the completion schedule, the City, at its option, will upon ten (10) days wntten notice from the City Engineer within which the Developer will have the opportunity to cure, have the right to draw upon any Security provided pursuant to S4 of this Agreement for the costs associated with completion of the Public Improvements Upon satisfactory completion of the work, the City will have the right to terminate this Agreement and abandon further work on the Public Improvements and release the Developer's Security. 3.02 Final Plat Aooroval. Provided that the Developer IS not in default of this Agreement, the City will approve the final plat in advance of acceptance of the streets and utIlIties WIthin the plat. Further, if a subdiVIsion is required that is in furtherance of the development pattern approved as part of preliminary plat approval, the Community Development DIrector is authorized to approve to minor subdIvIsion for recording. 3.03 Selection and Control of Contractors. The City and the Developer must reVIew and jointly approve all bids for the Public Improvements and the selection of any contractors who WIll work on the Public Improvements The City's approval. however, will not be unreasonably withheld. 3.04 Contracts for Work. Any contract awarded by the Developer for work on the Public Improvements must contain the follOWIng provISIon "Failure to Perform The Developer (Owners) may, by wntten notIce to the contractor, Immediately termInate its contract In any of the followmg circumstances 1. Failure to make satisfactory progress toward completIon of this contract and contractor has been given three (3) 2 notlces by Owner and has faded In each case to correct a delay witlun seventy-two (72) hours of notIce 2 Fadure to meet specrficatlOns or correct deficIencIes and the contractor has been gIVen three (3) notIces by Owner and has failed In each case to meet specIficatIOns or correct deficIencies WIthIn seventy-two (72) hours of notIce" 3.05 Dedication of Work. Except as otherwtse prOVIded in this Agreement, each element of the PublIc Improvements WIll become as a matter oflaw, dedIcated to the publIc upon acceptance of the completed work by the City EngIneer and the Developer wIll be deemed to have no nght, tItle or interest In or upon any element of the dedIcated Public Improvements Section 4. Security . 4.01 Consultant Fees and Char2es. The Developer will pay to the City, witlun thIrty (30) days of being invoiced, as reImbursement for consultant fees incurred by the City In behalf of or at the request of the Developer, Including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable administrative expenses associated with the review of the plans and specIfications and inspectIon and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. 4.02 Security for Cost of Develooer Imorovements Developer must, prior to begInnmg work on each phase of the Public Improvements, provide the City with cash, letter of credit or other surety, with the form of any non-cash surety to be satisfactory to the City in the sum of one hundred ten percent (1100.10) of the estimated cost of the Public Improvements The surety must be a guaranty to the CIty that the Public Improvements will be timely completed to the City's satisfaction The cash, letter of credit or other surety must be maintained continuously by the Developer untIl the PublIc Improvements are completed to the City's satIsfaction The cash, letter of credit or other surety for Public Improvements may be released upon certification of the City Engineer that items are satIsfactorily completed pursuant to this Agreement Periodically, as payments are made by Developer for the completIOn of the Public Improvements, and when it IS reasonably prudent, Developer may request of the CIty that the surety be reduced for the work which has been fully completed and payment made to supplIer with labor and materials Section 5. Develooer's Resoonsibilitv. 5.01 Easements. Except for the payment provided for In SectIon 5 08, the Developer must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as deSIgnated in the plans and specifications, and deeds to property deemed necessary by the City for the locatIon, constructIon, installatIon and operatIon of the Public Improvements, In form and content satIsfactory to the City 5.02 Insoection. Developer must proVIde an Inspector on-SIte dunng work on the PublIc Improvements, the Inspector must have expenence and credentIals that, in the OpInIOn of 3 . . . . . . the City Engineer, are appropriate for the nature of the work. The City Engineer will review the progress of the Project and perfonnance of Developer Inspector Improper or incomplete Inspection will result in the City Engineer assuming all inspection duties All costs associated With City Engineer oversight will be charged to the Developer 5.03 Em!ineerin2 Data. The Developer, through its Engineer, must provide all staking, surveying and other infonnation required by the City Engineer, to assist the City Engineer in his duties in order to Insure that the complete Improvements conform to the approved plans and specificatIons 5.04 Erosion Control Measures Durin2 Construction. Developer agrees that they wIll construct erosion control devices in conformance with the approved Construction Plans for the Public Improvements This plan must protect any adjacent ponds and wetlands from erOSIOn, pollution and siltation throughout the construction of the Public Improvements and must be approved by the City Engineer or his authorized agent. Any deficiency must be corrected within seventy-two (72) hours or the City may draw upon the Security provided under ~.02 of this Agreement. 5.05 Pavment of Hook-Un Chanes. Developer will pay, before the filing of the final plat, the following charges. AUAR Trout Stream MitIgation Charge AU AR Trout Stream Mitigation Charge Trunk Sanitary Sewer Charge Trunk Water Main Charge 3,885 per acre (single family) 4,857 per acre (townhome) 3,500 per acre 2,200 per acre The charges will be based upon the gross acreage of26.18 acres less wetlands and steep slopes 5.06 Curve Crest Assessments. The Developer consents to an assessment for lateral utilities to be constructed as part of the Curve Crest extension Project In the amount of $69,923 for the costs of lateral sanitary sewer, water and storm sewer service and street frontage assessment along extended Curve Crest Boulevard The Developer waives notice and a hearing and also waives the right to appeal this assessment pursuant to Minn. Stat. ~ 429.081 5.07 Ri2ht-of-Entrv for Curve Crest Extension. In order to provide access to Developer's property, Developer is willing to immediately grant to the City a right-of-entry for the construction of Curve Crest Boulevard from the entrance of Curve Crest Boulevard on County Road 5 to the south boundary of Developer's property, pursuant to the form entitled Temporary Permit to Construct, Project No 97-21 attached as Exhibit "C" 5.08 Payment for Collector Street Ri2ht-of-Wav. Since it is necessary to construct the extenSIon of Curve Crest Boulevard through the Developer's property at a width and deSign that exceeds the normal 60-foot design width, the City will pay to the Developer, upon granting of an easement acceptable to the City, a sum representing payment for the necessary right-of- way for the 60-foot design width The Developer agrees that this payment will be full consideration for the dedication required for the Curve Crest Boulevard right-of-way as shown on the preliminary plat for the property, including the dedicatIon beyond the 60-foot deSign 4 wIdth, and accepts the payment as fun and final, and waIves any nght to contest the payment now or In the future If the CIty and Developer are unable to agree upon the amount of any payment due Developer under thts SectIon within six (6) months from the date hereof: the City and Developer agree to submit the controversy to a single arbitrator mutually agreed upon who WIll have authonty to decIde the amount of damages and order the conveyance of any needed easements . 5.09 Park Dedication. Developer must dedIcate to the City by deed satisfactory to the City Attorney, the 501 acre park parcel depicted on the prellmmary plat 5.10 City Re1!ulations. Developer acknowledge that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit IS a default as defined In this agreement The follOWing conditlons must be fulfilled to the satisfaction of the Community Development Director before construction of each phase of the Public Improvements begins The stnct requirement of any condition may be waived by the CommunIty Development Director if adequate assurances of compliance are provided by the Developer a prepared If reqUIred by the City Engineer, a Wetland MItIgation Plan must be b If requIred by the City Engineer, a grading and erosIon control plan must be prepared and upon completIon of grading operatIOns, a certIfied grading plan shall be submitted . c If required by law, a natIonal pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins d Upon completion of the work, the Developer must provide the City WIth Mylar Plan Sheets, constructIOn drawmg records and Auto CADD computer files showmg the sewer and water servIce stub Inverts and water stop boxes The plans must show the locations, elevations, length, sizes and makes of all samtary sewers, storm sewers and water mains as measured in the field dunng and after construction e Compliance with any mItigatIon measures required by the AUAR MitIgation Plan or the Minnesota DNR. and, if needed, approval of the Minnesota DNR of any zoning or permIt approval f. The Developer must comply WIth all conditions of plat approval and PUD approval Imposed by the City g Before begmnmg work on the Public Improvements for any phase, the Developer must have satIsfied any City park dedicatIon reqUIrements whether by land dedIcatIon or payment in lieu of dedicatIon . 5 . . . h Pay to the City, before building permits are Issued, for any structure Wltllln the development and sewer or water availability charges and any oversizing or hookup charges imposed by the City I approved Ifrequired by the City Engmeer, a final Forest Management Plan must be J k A final Landscape Plan must be approved A final Utilities Plan must be approved 5.11 Establishment of Bousim! District. In order to promote the goals of the CIty to estabhsh affordable housing within the City and consistent with the goals established by the Metropolitan CouncIl in the Livable Commumties Act, the CIty will establish for the Project a new development district to be known as "Development District No 2", as permitted by Minn Stat ~ 469 004 et. seq. and Within the Development District a new tax increment financing district to be known as "Tax Increment Financing District No 8", a "housing district" within the meaning of Minn. Stat ~ 469.174, subd 11 The City will also enter Into an Assessment Agreement and Development Agreement that wIll prOVIde for payment to the Developer on a biannual basiS as reimbursement for eligible expenses incurred by the Developer in furtherance of the Developer's housing project, an amount equal to ninety percent (90%) of the available tax increments actually received by the City in each calendar year during the life of the District. 5.12 Dama2e to City or County Facilities. The Developer will be responsible for any damage caused to any City or County facIlities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, its contractors, agents or employees and for any repaIr or clean up costs or expenses incurred by the City or County in takmg remedial action Section 6. Insurance. 6.01 Insurance. Developer and its contractors Will provide and maintain or cause to be maintained at all tImes during the process of constructing the Public Improvements and, from tIme to time at the request of the City, furnish the City with proof of payment of premIums on a. Comprehensive general hability insurance (including operatIons, contingent liabIlity, operations of subcontractors, completed operations and contractual liabIlity insurance) together With an Owner's Contractor's policy With limits against bodIly inJUry and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limIts, an umbrella excess liability polIcy may be used), and shall be endorsed to show the CIty as an additIonal insured to the extent of its interest b ComprehensIve general pubhc lIability Insurance, mcluding personal Injury liablhty for injuries to persons and/or property, mcluding any InjurIes resulting from the operation of automobiles or other motonzed vehicles involved in work on the Public Improvements, in 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 Interest 6 c Workers' CompensatIOn Insurance respectmg all employees 10 amounts not less than the rrummum requIred by statute Section 7. Model Homes. The Developer wIll have the right to construct on the property, before a full range of mumclpal servICes are avaIlable, up to three (3) model homes No certIficate of occupancy may be ISSUed for the model homes that wIll be used only for marketIng the Development and not for occupancy The Developer wIll be responsIble at no nsk to the City for placmg a model home wIthIn a setback that will eventually conform to CIty ordmances and at an elevatIOn that wIll be mtegrated properly WIth street, utIlitIes and dramage patterns for the completed Development In all events, however, the Umform Budding Code and LIfe Safety Code must be followed and the LIfe Safety approved by the CIty FIre ChIef before allOWIng the public access to a model The Developer WIll be solely responsible for any damage to paved City streets or any other CIty or County faCIlItIes, that occurs or arIses out of this constructIon Before Model Home Permits may be issued, the followmg conditIons must be fulfilled to the approval of the Commumty Development Director a DeSIgn reVIew must be approved b Common open space architectural and landscape plans must be approved c Archttectural and landscape plans for each sIte must be approved d A gradmg plan must be approved Section 8. Indemnification. 8.01 Indemnification. Developer agrees to defend and hold the City, and ItS officials, employees and agents, harmless against any and all claims, demands, lawsuits, Judgments, damages, penalties, costs and expenses, including reasonable attorneys' fees, arising out of actions or omissions by Developer, its employees and agents, 10 connectIon WIth the PublIc Improvements 8.02 Enforcement bv City: Dama2es. 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 failure to perform any or an of its oblIgatIons under thIS Agreement may result in substantial damages to the CIty, that in the event of default by the Developer, the City may commence legal actIon to recover all damages, losses and expenses sustamed by the City, and that the expenses may include, but are not hmlted to, the reasonable fees of legal counsel employed WIth respect to the enforcement of thIs Agreement Section 9. Events of Default. 9.01 Events of Default Defined. The followmg wIll be "Events of Default" under thIS Agreement and the term "Event of Default" wIll means, whenever it IS used 10 thIS Agreement, anyone or more of the followmg events 7 . . . . . . a. Failure by Developer to commence and complete constructIon of the Public Improvements pursuant to the terms, condItions and limitations ofthis 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 c In each event Developer will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default. 9.02 Remedies on Default. Whenever any Event of Default occurs, the City may take anyone or more of the following actions a. Suspend work on the Project and Its performance under the Agreement until It receives assurances from Developer, deemed adequate by the City, that Developer WIll cure its default and continue its performance under the Agreement b Take action, Including legal or administrative action, as is necessary for the City to secure performance of any provision of tms Agreement or recover any amounts due under this Agreement from Developer or under the Security described 10 ~402. c Undertake to complete the public Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in ~ 02 for the full amount of the estImated work. Section 10. Administrative Provisions. 10.01 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 Umted States mail in registered form with postage fully prepaid and addressed, as follows If to the City Nile Kriesel, Coordmator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 If to Developer Anchobaypro, Inc c/o Tim Nolde 775 Green Twig Way Stillwater, MN 55082 651/438-4181 If to Contract Vendors SIdney D WhIte and Lou Ella A WhIte 6286 No Stillwater Blvd Stillwater Township, MN 55082 651/439-0618 8 The CIty and the Developer, by notice gIven to the other, may desIgnate dIfferent addresses to whIch subsequent notices, certIficates or other commumcatlons WIll be sent . Section 11. Additional Provisions. 11.01 Titles of Sections. Any tItles of the several parts of the Agreement are inserted for convemence of reference only and shall be dIsregarded In construIng or mterpretmg any of Its provIsIons 11.02 Counteroarts. This Agreement IS executed 10 any number of counterparts, each of whIch WIll constItute one and the same mstrument 11.03 Modification. If Developer IS requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement thIS Agreement in any manner whatsoever, the City will, in good faIth, cOnstder the request, proVIded that the request is consIstent with the terms and conditIons of thIs Agreement 11.04 Law Govern in 2. This Agreement shall be governed by and construed 10 accordance with the laws of the State of Minnesota 11.05 Severabilitv. In the event any provisIOn of thIS Agreement IS held invalid or unenforceable by any court of competent Junsdictlon, holding will not 10validate or render unenforceable any other proviSIons Section 12. Termination of A2reement. . 12.01 Termination. ThIs Agreement wIll terminate at the tIme all of the Developer's oblIgatIons have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the PublIc Improvements by the City, wmchever occurs later 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 By (SEAL) Jay L Kimble, Its Mayor and MorlI Weldon, Its CIty Clerk . 9 . . . DEVELOPER ANCHOBA YPRO, INC , a Minnesota corporatIon By TImothy L Nolde Its President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of August, 1999, before me, a Notary PublIc wltmn and for saId County, appeared Jay L. KImble and Morh Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectIvely, the Mayor and City Clerk of the City of StIllwater, and that this instrument was SIgned and sealed in behalf of the City by authority of Its City Council, and they acknowledged the said Instrument was the free act and deed of the City Notary PublIc STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of August, 1999, before me, a Notary Public within and for said County, appeared Timothy L Nolde, to me personally known, who, being duly sworn, did say that he is the President of Anchobaypro, Inc, a Minnesota corporation, the Developer named In the foregoing instrument and that thIs Instrument was signed as the free act and deed of the Developer Notary Public 10 CONSENT AND JOINDER BY FEE OWNER to Development Agreement Relatmg to Anchobaypro, Inc SIdney D WhIte and Lou Ella A White, husband and wIfe, fee owners of the property whIch IS the subject of the foregomg mstrument, hereby consent to and JOIn In the foregoIng Instrument so as to subject therr mterest to the terms thereof NotWIthstandIng anythIng contaIned In the foregoIng, the undersigned shall have no personal lIabilIty under the foregoIng Instrument Sidney D WhIte Lou Ella A White STATE OF MINNESOTA ) ) ss COUNTY OF W ASlllNGTON ) The foregoIng mstrument was acknowledged before me thIs _ day of August, 1999, by Sidney D WhIte and Lou Ella A White, husband and WIfe Notary PublIc II . . . "' , - .+1 1 , I . , lOO 100 I I Joe \ ,! I - 0 I - - ~~~i~1 ) - , - g i Ill. I llih~ L 1;1' \ lOlIO lAkE Ill! =tu , !I,~ '. , 'I I ilJ ~ ., I 'I I II'l _.~ I v'' E-' of _I! f- c:c '------ f- ~ =n I ~ I ~ , I ~ I I I i E . I: 1 .IJ : liili u i 5015 "'!,., . . I :!.. Iflt .~....~ . EXHIBIT B PUBLIC l1\1PROVEMENTS AND ESTIMATES OF COSTS . . . 13 . . . TEMPORARY PERMIT TO CONSTRUCT PROJECT NO. 97-21 The City of StIllwater ("City") has desIgned and plans to construct the extensIOn of Curve Crest Boulevard and samtary sewer, storm sewer and municIpal water services west of County Road 5, to a point approximately 400 feet south of 62nd Street (the "Project"), in the City of StIllwater, Washington County, Minnesota, and Anchobaypro, Inc a Minnesota corporatIon and SIdney D WhIte and Lou Ella A WhIte, husband and WIfe ("Developers") desire to facilitate the constructIon of the Project 1 It IS necessary that the City use for building the Project, real property sItuate In Washmgton County, Minnesota, described as follows Parcel 31-030-20-41-001 shown on the attached Exhibit "A" (the "Property") . 2 The undersigned, haVIng an Interest In the above Property, understand that they are not required to surrender possession of real property until the purchase price for the Property has been made available and are not reqUIred to surrender lawfully occupied real property without at least ninety (90) days notIce By thIS Instrument, the undersigned waive those rights and grants the City an immediate nght-of-entry and permit to construct, maintain and operate the Project 3 It is necessary that the actual construction of the Project be commenced Immediately and completed without interruptIon 4 The City agrees to proceed with reasonable dispatch to acquire the necessary easements across the Property as provided by law 5 For valuable conSIderatIOn, the underSigned hereby grants to the City, its agents, employees and contractors, the right to immediately go upon the Property and construct the ProJect and to contInue the work untIl fully completed, and to use the Project area when completed The undersigned waIves all nght of final payment prior to the CIty taking possession of the land as required by US Public Law 91-646, Title ill, Section 301(4) with the knowledge that the act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to an Eminent Domain action 6 Further, In conSideratIon of the benefits that WIll accrue to the Property by reason of the ProJect, the underSIgned consents to an assessment for the improvements to the Property as follows a Sanitary Sewer $ 14,70000 b Water MaIn 12,250 00 . c Storm Sewer 11,613 00 d Street 3 1.360 00 $ 69,923 00 EXHmIT "e" WIth respect to these assessments, the undersIgned waives any NotIce of Heanng that would otherWIse be required and will not appeal the assessment to the Dlstnct Court pursuant to Minn Stat ~ 429 081 or any other law or rule Enacted the 2nd day of August, 1999 FEE OWNERS: Sidney D White Lou Ella A White DEVELOPER: ANCHOBAYPRO, INC By Its Timothy L Nolde PreSIdent CITY OF STILLWATER By (SEAL) Jay L Kimble, Its Mayor and MorlI Weldon, Its City Clerk STATE OF WNNESOTA ) ) ss COUNTY OF W ASIDNGTON ) The foregolDg instrument was acknowledged before me this day of 1999, by SIdney D White and Lou Ella A WhIte, husband and WIfe, Owners Notary Public 2 , . , . . . ., I" . . . STATE OF :MINNESOTA ) ) ss ) COUNTY OF WASHINGTON On thIs day of , 1999, before me, a Notary Public wlthm and for saId County, appeared Timothy L Nolde, to me personally known, who, beIng duly sworn, did say that he IS the President of Anchobaypro, Inc , a Minnesota corporatIon, the Developer named In the foregoing instrument and that this Instrument was sIgned as the free act and deed of the Developer Notary Public STATEOF:MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregOIng Instrument was acknowledged before me thts day of 1999, by Jay L Kimble, Mayor, and MorIi Weldon, Clerk, for the City ofSttllwater Notary PublIc ATTEST David T Magnuson Attorney for the City of StIllwater 3 .., .. EXHIBIT "A" .' , , \ \ , I ' I . 'I ,"'- ' I ",,-\' , , \\ "... I I I \ .. .. .. .. .. . . I . . WI ...1\ I -, <t:. ~ \ ; "I I .. ! ---< " .. 'I \ \; \ \, , ,1 . .. II . f} I " ~ ~ ,; : I' , I \ , I , \ \ \ \ \ I BREWER' L I I - --J ; .- --r- - I I I I I I '~ --- I -,~ I : 'N~RTH62Nb -= .~ . I I STR. I I I I. I I{ I i I RVE CREST BL YO SEMENT :::::: ;- I i - 40 CURVE CREST BOULEVARD EASEMENTS PARCEL 10 STILLWATER, MINNESOTA CURVE CREST BOULEVARD EXTENSION CITY PROJECT N() q7-?1 FIGURE NO. 11 Bonestroo Rosene Anderlik & Associates Engineers &. Architects , I . Memo . . DATE: August 17, 1999 TO: Mayor and CIty Council Chantell~ AdmInistrative AssIStant/Personnel Coordinator FROM: RE: Employee Term Life Insurance through MIl LIfe The City currently provides Its benefits eligIble employees a Term LIfe and Accidental Death & Dismemberment Insurance Policy of $20,000 through MIl Life, a subsidiary of Blue Cross/Blue Slneld. The policy is valId during the time a person is employed as a benefits eligible employee of the City. I have attached the renewal benefit and cost summary for your informatIon. The Sept. 1, 1998- August 31, 1999 rate for Term Life Insurance was $5.80 per month, per employee The proposed renewal rate is $5 80 per month, per employee for the renewal term Sept. 1, 1999- August 31, 2000. Recommendation It is recommended the CIty Council adopt the attached resolutIon approvIng the renewal fate with MIl Life to provide Group Term Life and Accidental Death and DIsmemberment Insurance to benefits eligible employees at a rate of $5 80 per month. BENEFITSIMII LIFElRENEW AL CC 08-17-1999 RESOLUTION 99-_ APPROVING RENEWAL RATES FOR GROUP TERM LIFE and ACCIDENTAL DEATH AND DISMEMBERMENT BE IT RESOLVED, by the CIty Council of the City of StIllwater, Minnesota that the renewal rate of $5 80 per month per employee 10 the amount of $20,000 for Group Term LIfe and Accidental Death and Dismemberment Insurance WIth MIl LIfe is approved The term of the renewal IS September 1, J 999 - August 31, 2000 Jay Knnble, Mayor AITEST Modi Weldon, City Clerk , ;' . . . , \ . MIl Life, Incorporated A subsidiary of Blue Cross & Blue Shteld of Minnesota 3535 Blue Cross Road P.O. Box 64193 St. Paul, Minnesota 55164 1-800-382-2000 FAX 612-683-2178 . is pleased to renew A Group Insurance Program for City of Stillwater June 25, 1999 . Benefit Base Group Tenn Life Accidental Death & DIsmembennent Accelerated Life Benefit Presented by BCBSM Sales Representative Mil Account Executive Mil Group Underwnter . City of Stillwater - OMN437 Renewal Benefit and Cost Summary Effective 09/0111999 Mil Ufe, Incorporated Volume Renewal Rate/Fee $ 1,773,000 $ 0 260 per $1000 per month $ 1,773,000 $ 0 030 per $1000 per month No Charge J ana Edgren Brodtl, Mardy Tangren, Rueben (612) 662-1551 (651) 662-1819 (651) 662-8919 . Current Rate/Fee $ 0 260 per $1000 per month $ 0 030 per $1000 per month No Charge . ..... I ~ . , \ . City of Stillwater SCHEDULE OF BENEFITS Mll Life, Incorporated Full-TIme CIty Employees Base Life and AD&D $20,000 Eligible Board of Water Commissioners Employees Base Life and AD&D $20,000 . . , . . . WELL WATER AND STORM WATER DRAINAGE EASEMENT AND AGREEMENT THIS AGREEMENT IS made tlus _ day of August, 1999, by and between the undersIgned, Flymg Dutchman LLC, a MInnesota lmnted liabIlIty company ("Grantor'') and the CIty of StIllwater, a mumcIpal corporatIon m the County ofWashmgton, State ofMmnesota (the "City''). WITNESSETH: WHEREAS, Grantor IS the owner of that certaIn real property located m the City of StIllwater, State of Minnesota, that IS legally descnbed on ExhibIt A attached hereto and made a part hereof (the "Property'') WHEREAS, the Property contams a buried pIpe (the "Drainage System'') that carnes a permanent flow of water from arteSIan wells and other storm water drainage for which no easement has preVIously been granted WHEREAS, Grantor and the CIty deSIre to create certam nghts and restrIctIons as to the mamtenance, reparr and replacement of the Dramage System. NOW THEREFORE, 10 consIderatIon of the sum of One Dollar ($1 00 and other good and valuable consIderatIon m hand patd by the CIty, the receIpt and suffiCIency of winch IS hereby acknowledged, the parties agree as set forth below' (1) Easement Grant. Grantor hereby grants to the CIty an easement (the "Drainage Easement'') for the use, matntenance, repatr and replacement of the Dratnage System m, under and upon that portIon of the Property descnbed in ExlubIt B attached hereto and made a part hereof (the "Easement Area''), subJect to the followmg terms and condItIons: (a) The partIes agree that the DralOage Easement shall be solely for dratnage purposes, It bemg understood that the CIty may Improve, reparr and replace the Dramage System (collectIvely, the "Work") provIded the Dramage System shall rematn only m the Easement Area. N \PL\CDH\31043489 wpd r (b) The DraInage System shall be operated m a manner that WIll not unreasonably Interfere with the use of the Property that lies outsIde of the Easement Area. In the event that It IS necessary at any time to enter the Easement Area to perform any Work, the CIty WIll use due care 10 performmg such Work and will leave the Easement Area m IS good condItIon as it was found. . (c) Grantor WIll not overbwld the Easement Area with permanent structures, provIded, however, Grantor reserves the nght to use the Easement Area for any purpose not mconsIstent WIth the Dramage Easement, includIng the followmg' (1) nght to construct a cham lmk fence over and across the Easement Area; and (ii) the nght to mamtam a parlang lot and to park passenger automobIles upon the Easement Area. (d) The City shall be solely responsIble for any and all costs assocIated WIth the Dramage Easement and Work, it bemg understood that no portion of such costs shall be charged to Grantor 10 the form of specIal assessments unless the special assessment would be m the form of a general area WIde assessment based upon the benefits receIved from lInprovements made to the storm water dramage system 10 the downtown area of the City. Nothmg m thIs Agreement shall constItute a hmitatIon or a WaIver of Grantor's nght to appeal under any applicable law, ordinance or statute, an area WIde assessment lInposed by the City. (2) Leeal Effect. Each covenant contamed m tlns Agreement: (a) constItutes a covenantrunnmg WIth the land; and (b) IS bmding upon and for the benefit of Grantor and the City and their respective herrs, representatIves, successors, and asSIgns (each a "Party"). . (3) Duration TIns Agreement and each covenant and easement created hereby shall be perpetual m duratIon unless otherwise tennmated or amended WIth the express written consent of each Party. NotWIthstandmg the foregomg, upon any permanent abandonment or relocation of the Dramage System and the executIon of a written temnnatIon by the CIty, thIs Agreement shall be deemed termmated and the title of Grantor, its heIrs, representatIves, successors and assigns wIll be free and clear of thIs Agreement. (4) Default.Injunctive Relief. In the event of any VIolation or threatened VIolatIon by either Party of any of the proVIsions of this Agreement, m addition to the nght to collect damages, the other Party wIll have the nght to enjom such VIolation or threatened VIolatIon in a court of competent junsdlctIon. Prior to the commencement of any such actIon, wntten notIce of the VIolatIon wIll be gIven to the Party claImed to have cOImmtted such VIolation. (5) Notice. Any notice reqUIred herem shall be m wnting and shall be deemed effective and receIved (a) upon personal delIvery; (b) five (5) days after depOSIt m the United States maIl, certIfied mail, return receIpt requested, postage prepaid; or (c) one (1) business day after depOSIt with a natIonally recognIzed overmght aIr couner, fees prepaid, to the appropnate Party at the followmg addresses: . . . . To Grantor Flymg Dutchman LLC 9351 Otclnpwe Avenue North StIllwater, MN 55082 AttentIon. Lynn VanOrsdale To CIty. CIty of StIllwater 216 North Fourth Street StIllwater, MN 55082 AttentIon: Mayor EIther Party may desIgnate an addItIonal or another address upon gIVIng notIce to the other Party pursuant to tlns paragraph. For the purposes oftlns Paragraph, "busmess day" shall mean a day winch IS not a Saturday, a Sunday or a legal holiday of the Umted States of America. (6) Miscellaneous It IS further declared as follows (a) Attorneys' Fees. If eIther Party mstItutes any action or proceeding agaInSt the other Party relatIng to the prOVISIOns of tlns Agreement or any default hereunder, the unsuccessful Party m such actIon or proceeding w1l1 relffiburse the prevaIhng Party therem for the reasonable expenses of attorneys' fees and dIsbursements incurred by the successful Party (b) Waiver of Default. No express WaIver of any default WIll affect any default or extend any period of time for performance other than as speCIfied m such express WaIver One or more consents to any act or WaIvers of any default in the performance of any prOVISIon oftlns Agreement w1l1 not be deemed a consent of any subsequent simIlar act or WaIver of any subsequent default m the performance of the same prOVISIon or any other prOVISIon. The nghts and remedies prOVIded by tlns Agreement are cumulatIve and no nght or remedy WIll be exclUSIve of any other, or of any other nght or remedy, at law or 10 equity, winch eIther Party mIght otherwtse have by virtue of a default under tlns Agreement. (c) Governin2 Law This Agreement will be construed in accordance WIth the laws of the State ofMmnesota (d) Captions The captIons of the paragraphs of tlns Agreement are for convemence only and are not mtended to affect the constructIon of the prOVISIOns herem. (e) Counterparts Tins Agreement may be executed 10 counterparts, all ofwlnch, when taken together, shall constItute one and the same ongmal. IN WITNESS WHEREOF, tlns mstrument has been executed effectIve of the date first above wntten FLYING DUTCHMAN LLC By: Its STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing mstrument was acknowledged before me tlns _ day of August, 1999, by Lynn VanOrsdale, the Chtef Manager of Flymg Dutchman LLC, a Mmnesota limIted lIabIlIty company, on behalf of the company. Notary PublIc " . . . . . . CITY OF STILLWATER By Its Mayor By' Its' Clerk STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoIDg mstrument was acknowledged before me tlns _ day of August, 1999, by Jay L KImble and Morh Weldon, Mayor and Clerk respectIvely of the CIty of StIllwater, a mumclpal corporatIon in the State of Minnesota, on behalf of the CIty of StIllwater Notary Pubhc DRAFTED BY: Fabyanske, Westra & Hart, P.A 920 Second Avenue South Swte 1100 Mmneapohs, MN 55402 (612) 338-0115 EXHIBIT A Legal Descnpnon of Propertv The followlOg descnbed real property located 10 WashIngton County, Mmnesota Part of Lot 6, Block 18, Ongmal Town (Now CIty) ofSnllwater, descnbed as follows. Commencmg 18 feet North ofSW comer, thence East on a lIne parallel to Myrtle Street 100 feet; thence North 32 feet to the North Ime; thence West 100 feet to the NW comer; thence South 32 feet to begmmng . . . e EXHIBIT B Easement Area . . . . . 1999 ORDINANCE NO. AN ORDINANCE AMENDING S1ULW A TER CITY CODE . BY ADDING PROVISIONS RELATING TO PAWNBROKERS The City CouncIl of the CIty of StIllwater does ordain I Amendmg The Stillwater City Code ~57-1 entItled Pawnbrokers is amended by addIng Subd lla to read as follows ~57-1, Subd lla - No person may engage in the actIvities of a pawnbroker without first obta1Oing a lIcense as descnbed 10 the Chapter The annual fee for a pawnbroker lIcense shall be set from time to tIme by the CIty CouncIl by resolutIon IT SavlOgs In all other ways the CIty Code shall remam 10 full force and effect ill EffectIve Date This Ord1Oance shall be 10 full force and effect from and after Its passage and pubhcatIOn Enacted by the CIty CouncIl of the City of StIllwater this _ day of By Jay L KImble, Mayor ATTEST Morh Weldon, CIty Clerk ~ ~ . . . MEMORANDUM TO' City CouncIl FROM Morh Weldon, CIty Clerk SUBJECT' PossIble AppoIntment to Charter Comnnsslon DATE August 13, 1999 The current vacancy on the Charter COmmIssion was advertised in the Gazette, Cooner, and on the CIty webslte. The following two applications were received: Orwin L. Carter 1029 3rd Ave. S John P. HIleman 902 Maple Street W , , Retum to~ City of Stillwater. 216 N. 4th St., Stillwatet, MN SS082 Date: 1/J(J /91 . CITY OF STILLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Name: 0 RuJ ) .'I) L I LA- Rff:::'ft. Address: / /) 2'1 3 A.d A\le I S Home Telephone: ~S1) l/.~ <1 -C}{) ID Work Telephone: (fi~1 L ~ 39 - <; 2J 10 " I. How long have you tival in Stillwater? J3. YrsIMo. .-L Which Ward. 3. Please desm'be any pmrious experience you bave which is similar to sc:rvin& on a vol~eer advisory boardIcommission. 3. Do you have a prefem:d BaardlC::ornmioinn that you arc ~ in..~ on? . '" Yes...::J...... No _ Ifye&p fill m DIlDO ofBoald/CommilliO r~Jh.. ~ ~ _.0'" ~.-..J WouIdyoucooaider ana1temate ~ Yea_ No~ If yes, which one? AIL' aX.7LL .z-s;" ~ Please descn"be any schedule conflicts with the regualr meeting schedules for the boardIcommissions J::.. routino travel, work schedules and tlte lib). 4. 6. 7. Why do you wish to be on a boardI~:'~OJl:? _ ~ ~~~ J..J..r ~,! ~ ..J _ '4j...,;,...." ~ /.J'~ OJ'~/,~;t:, _~<<- / -rl___~ '7:: j:..!;; ~. .I 'Y""J' p' .1,"_ .11-: - 8. Please dascnbe any other relevant iDfonnation you won1d like us to know ~ ~:'~jJ~D:tt.h;j :;<;:1 >-;:,r~ 7'~;7.~r:-< ....AUlIch AWt~t'" ifaec_.~... 'I7I1S lNFODlADON WlUU DlSI'BBrnED CO COUNCIL .4N]) IS CLA88IPJBJ) AS PfmUC lMJ'A . , Return to CIty of StIllwater, 216 N 4th St, StIllwater, MN 55082 , Date: qf - tJ6 - "6 CITY OF STILLWATER APPLICATION FOR APPOINTMENT . TO ADVISORY BOARDS AND COMMISSIONS cl.(c,el191C. tue. ~(..aV)n II? 9 Name H,L ~""'Q--, :::r....:..;,. j>~",- c (: """"&4?.>~P&') Address Yoz~ ;.Jql't.e. .r,.Jt!4~r 1Ve.~ r Home Telephone t- 65" 1- :J~ I - "') ~I ;:J b Work Telephone. o I How long have you lived m Stillwater? ~ YrslMo. 3- W1uch Ward 2 What StIllwater community actIVItIes have you been mvolved in? l.. ,-,." 't. t'Z. "7 q t.. IC.. IJ 6 <{ ~ C11l.t oF- fli{IIyQi~1t. Qf'Z.-e.,.. Cha_6e/l of 'c-l"-7;lO'?;e.ec:::e V6~t.~,.,r-r~ ,.. a~ i-e.. 0 'F ../7"., C t;o..Jqr-e/Z Mu J I c- () V'\ r~.-e,. c.va~ ~t>n T 3. Please descnbe any previous expenence you have whIch IS smrilar to Servtng on a volunteer advisory board/cOmmlSSlon. .... I "'aC/e. 9~i..'-e~ olbT cF V>-7~ oc..,....., Pe..e'>~""t>c., ~ a,.,p J,,;(C/<.. Y-JoV? 'f 9te-e.((T it> -e,' 1/:,1 J't"Ja~<. 1,.,/; C tr4 /tYIt>te-e. Fl.tv] a"'? ~o;e-e.. COST eFFh(:Ll!3~T etl?--P ~~AZ.--e C=I1?=rC)~cr~-e Ft;>/Z.. tr'.$ C;rf~e.h r.> aV?P /-7 ~,$ Co tt&e{''"$,..,ett 4. Do you have a preferred Board/COmmISSIOn that you are mterested m Servtng on? Yes _ No ~ If yes, fill m name ofBoard/CoIDIIllsslon: C "&cAe r-~ 5 Would you consider an alternate appomtment? If yes, whtch one? rc-Cln ~ eV19 Yes~ No 6 Please descnbe any schedule COnflIctS WIth the regualr meetIng schedules for the board/commIssions (I e., routine travel, work schedules and the lIke) ~o I? -e, 'l i ..,,, J J 7, n... -L 7. Why do you WIsh to be on a board/commIssIon? 7"t> /.{ ~ '- p r~ e. e; i 1""t 8e.. c.()/A? -L h1 C ;e ~ E", ":J tI l{ Ci.' (. -e. Ft!I q ,-r -5 ~e)Jt: e G ofT F! FF~t:::-e..., T Cc.'rrz Y9~-> Cl-JO 8 Please descnbe any other relevant InformatIon you would lIke us to know. ~o ",., -e a r 'r '" ,'.> "ri -,-4!. **** Attach Addltlonal Sheets, If necessary**** THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA . "\ . . . MEMORANDUM TO' CIty CouncIl FROM Morh Weldon, CIty Clerk SUBJECT PossIble AppolOtment to Charter CommIssIon DATE August 13, 1999 The current vacancy on the Charter ComnuSSlOn was advertIsed in the Gazette, Couner, and on the CIty webslte. The followmg two apphcatIons were receIved Orwm L Carter 1029 3rd Ave S John P HIleman 902 Maple Street W ~ ~ Retum to~ City of Stillwater, 216 N. 4th St., Stillwater, MN 55082 Date: 1j/tJj 91 . CITY OF STnLWATER APPLICATION FOR APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Name: 0 Ru) J IJ L I c..A- Rn=fl. Ac:Idress: / /L~ '1 3 Ad A- \Ie. S Home Telephone: l6.n) '1L~ r -<:jlJ ID Work TelePhone: ('&f"1 L ~ 39 - <i 2J 10 .., 1. How long have you Hved in Stillwater? -J.3. YfIIMo. .-L Whic:h Ward 3. Please desaibe any pnwiou experience you have which is siJniW to serving OIl a volunteer advisor)' boardIcammission. 4. Do you have a prefemd BoardI~onpniuiOD that you are ~ in..scn;na on? .... Yts.-.L- No_ IfyelpfillmDalDOofBoardlCommisaioD: C-~~.. ~_"A"'~ Would you cooaider an alternate 8pp)intmellt? Yes_ No-L If yes, which one? AIL aX ~ ./Z." , !. 6. Please desertDe any schedule conflicts with the regualr meeting schedules for the boardIcommissions le., routine travel, WOIt schedules aacI the lib). .:h'\L 7. Why do you wish to be on a boardIcommission? ~ ~~.ta k,.!..r..-.J ~-j '<IJ'-;-~" z? /.1; .5pjl,~;t;:/ ar~"'" / ___.:J ___-=_7: f,'A'~ ~ € J ,~....,r- J Co,,Ju '-~ da - 8. Please d.cn"be any other relevant iDf'onnation you won1d like us to know. = ~:'7.;;~JJ~lJf:JXh1 :Jc;~- >=:r~ ~~~t"~"' .... Auacb Ad4iQoDa1 ~ ifacc_.~... 'l'1l1S lNFOBMATlON W1LL.8 DISDBlJTE1} TO COUNCIL AND IS CLA88IPlBD AS PlmUC lM7A . Return to CIty of Sttllwater, 216 N. 4th S1., Sttllwater, MN 55082 , , Date: Q1 - as - (J6 CITY OF STILLWATER APPLICATION FOR APPOINTMENT . TO ADVISORY BOARDS AND COMMISSIONS ~/.(o,el19~ cue {'l..aV?niJ?9 Name N;t.~HQ#7 ;:r....:..~ 1""",,1- cO~~''h$~P-J Address f"z~ .vj.q"'e f;-Je4~ r -ve.,f r Home Telephone' t-'SI- J5/- 7 "-/;Jv Work Telephone o I How long have you hved ill Sbllwater? ~ YrsIMo 3.- WInch Ward 2. What StIllwater commumty acttVlttes have you been involved m? L 1.,,., t~tZ. 7qc../C.. Pac( ~ Co 11l.r 0 F fl i l t IV Q I i.1t Q I'Z. -e. ~ Co h eu~, 6 e/l t1 F (. (> 1If"7;o-?,.,e .eC ~ v 6 ~ t. t.( '1 r- r-l!.JC ,. as r-L 0 'F fT., ( t,A-.Jqr-e/Z "114 /1 c... (} V'\ 7'~-e. c.va~ (4Zt>n T 3 Please descnbe any preVIous expenence you have winch IS sundar to servtng on a volunteer adVISOry board/comnnssIon. --.. I ~aC/e- 9';(.'-6-"""> oitlT of ~1It O~Yl Pe.e.lP"'t>c, iC a"p J,(}C~<!... ""-'oV? l.f '1,e -e t!(" r i t> -e ,. t tI J'V)tl Ie <. t... / > c t r4 6"Y1t:>/'Z -e F l.t~ a" ~ ~ -e. cOST e FF) 1<l.l!3-7 T a.~ t> h..., ~1fZ. -€ C=~ ::::rCJt:t cr k:. e. Fo rz: tr'.$ cil" r-z..8v, ".> a.V")&> 1-7 ~.,.$ Co ~ &e~:S,..,e Cf 4. Do you have a preferred Board/Conumssion that you are mterested 10 servtng on? Yes _ No ~ If yes, fill 10 name ofBoard/CoIIlIll1ssIon' C "'-C(A? r-e.P'! 5. Would you consIder an alternate appomtment? If yes, winch one? rc....Cl.n "2 eV'l ~ Yes~ No 6 Please descnbe any schedule conflicts WIth the regualr meetIng schedules for the board/commIssIons (I e., routme travel, work schedules and the lIke) ~o n-e,. Gt I ..,." J.5 7,1"11.-L. 7 Why do you WIsh to be on a board/cOImmsslon? 7"t;? /.{.(tLP i~.e. ci'r'1 De. Ge;~o4l.. &?-1 t:> ~ ~ e,., ':f t' I( a" (. -e. Fe q iT '5 &A?t;>,e e t::ofT j!!!FF~C..e.~ T c ,:rJ"'Z Y9 ~ ~ Cf."O 8 Please descnbe any other relevant Informatton you would hke us to know ~O~-e ar It., I.,> "r"",?-L ............ Attach AddItIonal Sheets, If necessary............ THIS INFORMATION WILL BE DISTRIBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA . J .... . . . . ORDINANCE NO. AN ORDINANCE OF THE CITY OF STILL WATER ALLOWING SPECIAL VEmCLE USE ON ROADWAYS The CIty CouncIl of the City of StIllwater does ordaIn ARTICLE I 1 DesIgnatIon of Roadways for Use That all roadways WIthIn the CIty of StIllwater, except those portIons located WIthIn the Central BuslOess DIStnCt, are authonzed for the operatIon of motonzed/electnc carts (heremafter "velncles") WIthIn the meamng of Mmnesota Statute SectIOn 169045 2. Penmts Only persons 10 possessIon of a duly authonzed PermIt are allowed to operate these velncles and only on the streets specifically deSIgnated 10 theIr Penmt and In accordance WIth all other proVISIOns of tlus ordmance Pemuts authonzmg the use of these velucles shall be Issued at the dIscretIon of the CIty of StIllwater PolIce Clnef or hIs deSIgnee, takIng IOto conSIderatIon the safety and welfare of the citIzens of the City of StIllwater PermIts shall be valId for one (1) year and be annually renewable. a ) Reqwrements for Issuance of Penmt (1) Applicant must be at least eIghteen (18) year of age (11) EVIdence ofLIabdity Insurance complymg WIth the prOVISIons of M.S ~65B 48, Subd. 5. (hi) ValId Minnesota dnving pnVlleges or certIficatIon by a lIcensed phYSICIan that applIcant IS able to safely operate the velncle on deSIgnated roadways. (iv) ApplIcatIon shall be accompanted by a fee of $ b) Form ofPenmt: All persons requesting a Permit to use a velucle on CIty Streets shall subrmt a completed applicatIon, available at the StIllwater Police Department whose form shall be substantIally as follows APPLICATION FOR PERMIT TO OPERATE MOTORIZED/ELECTRIC CART ON CITY STREETS Name. Address Date of BIrth 1 t ~ LIabIlIty Insurance Camer PolIcy No. DescnptIon of Vehtcle MakeIModel Vehtcle ID No Dnvers LIcense No or attach copy of PhysIcIan's CertIficate . Roadways Requested For Use 3) Rules of OperatIon a ) ApplIcation of Traffic Laws Every person operatIng a vehtcle under thts ordinance has all the nghts and dutIes applIcable to the dnver of any other motor vehIcle authonzed to use the publIc roadway as set forth In Mmnesota Statutes Chapter 169 b ) Trmes of OperatIon' Vehtcles authonzed pursuant to thIs ordtnance shall only be operated from smmse to sunset They shall not be operated In Inclement weather or when viSIbility IS rmparred by weather, smoke, fog or other conditIons, or at any tIme when there IS msufficlent lIght to clearly see persons and vehtcles on the roadway at a distance of five hundred (500) feet . c ) Slow Moving Vehic1e Emblem ReqUIred: Vehtc1es authonzed for use pursuant to this ordmance shall display a slow mOVIng vehtcle emblem as provided for in Minnesota Statute SectIon 169 522 when operated on deSIgnated roadways. 4 RevocatIon of PermIt A permIt may be revoked upon notIce from the Chief of PolIce upon any evidence that a penmt holder can not operate the vehicle safely or has violated any of the terms of thts ordInance. 5 Ap.peal of Denial or RevocatIon ofPernut. Any party aggneved of a deCISIon of the Chtef of PolIce shall have a nght to appeal the deCISIon vIa the Admlmstration Heanng Process set forth 10 StIllwater CIty Code SectIon 22-9, Subd 4 through 6 ARTICLE II. SavlOi In all other ways the StIllwater Code shall remalO In full force and effect AR TI CLE III Enactini. ThIs ordmance shall be in full force and effect from and after ItS 2 . , , . . . publIcatIon accordmg to law Enacted by the CIty CouncIl of StIllwater thts _ day of , 1999 Jay L KImble, Mayor ArrEST Modi Weldon, Clerk 3 , ~ . . . Memorandum August 11, 1999 TO: Mayor and City CouncIl FROM: Klayton H Eckles I~./' CIty Engmeer f.- SUBJECT: Response to QuestIons RaIsed by the "Save LIly Lake COlIlIIllttee" DISCUSSION: At the Last CIty CouncIl meetmg, the "Save LIly Lake Committee" approached the Council to present three Issues regardmg the LIly Lake Water QualIty Study. The committee suggested that the CIty'S goal should be to remove as much phosphorous as fundlOg WIll allow; that the Bnck Pond alum treatment system is essentIal to success, and finally that there was an OVersight m the water quality review regardmg the Pme Tree TraIl DiversIon that was not mcluded. In response to these questIons, staffpomts out that the City has adopted the LIly Lake Water I Quality ReVIew as an overall concept for cleaning up LIly Lake. TIns document mcluded nine conclusIOns and recommendatIons It refined some of the findIngs developed m the original Short, Elliott and Hedrickson report. In addition, It added slgmficant addItIonal treatment options is that WIll have a measurable Impact on the amount of phosphorous entering the lake. Two very notable addItions mclude the West Olive Street Diversion that will reduce phosphorous entenng Lily Lake by approxnnately 20 pound per year. Also, an m-lake management plan was suggested winch would not only conSider the use of alum for m-Iake treatment, but would review ways of managing the in- lake plant community to maXlInIZe deSIrable aquatIc growth and mminuze negatIve algae growth. Considerable thought was gIven to the use of alum treatments. The original SEH study suggested the possibility of an alum treatment plant m Bnck Pond. TIns optIon was not fully developed, as there are a whole host of issues and concerns regardIng tlus untested technology. The Bonestroo report exammed tlus pOSSibIlity agam, and found that the SEH InitIal cost estImates were well short of the cost for the plant In additIon, Bonestroo found that recent data from two new experimental plants m Mmnesota indIcated that these plants have a high capItal cost and operational cost. There are also sigmficant regulatory controls and restnctions regardmg the use of alum for treatment. The most posItIve aspect of the Bonestroo report concerning alum was the possible use of it to treat the entire lake on a one-time basis. The City of Eagan that IS the City most proactive in lake management as used in-lake alum treatments effectively in cases snnilar to Lily Lake. It ~ August 13, 1999 However, regulatory controls stIll govern the use of alum and these controls require that all other . lake management techniques be explored before the use of alum. The concept and vision in the Bonestroo revIew would mvolve gettIng the structura11Illprovements m place that will reduce the amount of phosphorous entenng the lake WIth the possible use of an alum treatment if necessary to put the lake "over the hump." Concermng the proposed Pme Tree TraIl project, the project was dropped from the hst of water qualIty 1Illprovement optIons for two related reasons. Frrst, the proposed dtversIon would have very httle benefit m terms of the amount phosphorous removed from the system. Second, in order to Implement tlns dtverslOn SIgnIficant street reconstructIon would be reqwred. The cost presented m the SEH report dId not adequately reflect the lugh cost assocIated WIth the street reconstructIon project SlOce tlns optIon does not have a SIgnIficant 1Illpact on the lake and has lugh street costs, it is best left to a future deCISIon as part of a future street reconstructIon proJect. The CIty CouncIl has made a strong pohtIcal and finanCIal commItment to ImprOVIng LIly Lake water qUalIty by adoptIng the LIly Lake Water Qualtty Improvement ReVIew This document was developed and IS supported by two of the most knowledgeable consultants m tlns field. The sUggestIon that staff would make is that we spend our efforts implementlOg the LIly Lake Water Quality Improvement Plan as adopted As part oftlns plan, we will be momtoring the qUalIty of the lake and m the future, If there IS a need to consider other alternatIves we do so at that tIme. . . 2 . I . . . E W. (BIll) Flerke, Jr 724 So Owens St Stillwater, MN 55082-5956 651-439-2396 August 7, 1999 ~ '---) Mr Klayton Eckles, P E StIllwater CIty Engmeer 216 North 4th Street Stillwater, MN 55082-4898 Dear Klayton We may not be gettIng the best adVIce from Rich Brasch regardIng alum treatment of the Brick Pond system Joel SchIlling advised us long ago that the effective way to hand-dose the Brick Pond system IS to treat upstream ponds and make the Brick Pond mto an upstream. pond itself by slightly raising Its level This could gIve us better results than have been reported by Rich Brasch Joel Schilling estimated that up to 40 pounds could be removed WIth hand-dosing Smcerely, ~?~ BIll Fierke cc Enc Thole . - \ To: Citizens supporting the clean-up of Lily Lake. At the 8/3/99 City Council meeting Del Peterson asked the City Council to approve the "Lily Lake Water Quality Improvement Review," with these improvements: . August 7, 1999 1. Affirm that the clean-up goal is to remove as much phosphorus as funding will allow and make the lake swimmable all of the time, ifpossible. The goal descn"bed in the Review is to remove only enough phosphorus to meet the minimum MPCA requirement for making the lake swimmable 75% of the time. 2. Treat the Brick Pond system with alum to remove phosphorus and improve the appearance of the Brick Pond. As recommended by Dr. Joel Schilling, Limnologist, a system of hand-dosing upstream ponds would remove a substantial amount of phosphorus loading. Alum treatment had been in the clean-up plan since 1996 but was shelved by the Review. 3. Confirm that the Pinetree Trail DIVersion, an important sediment removal project, is part of the clean-up. This was approved by the City Council on 1/5/99 and 1/19/99 and explained in the Public Hearing Notice of 5/18/99, but plans for completing it were removed by the Review. The Council asked the Engineering Dept. to review and respond to the recommended improvements at the next Council meeting on 8/17/99. The Save Lily Lake Committee would welcome Engineering Dept. proposals for improving either or both of the Pinetree Trail and Olive Street Diversions We have been informed that efforts are being made to extend the Olive Street Diversion. Perhaps it could be extended enough to combine the two projects into one. City staff have informed us that funds will be available to carry out and increase the efforts now planned. Save Lily Lake Committee . Co-chairpersons: Bill Fierke Laura Hoefler Patricia Johnson Del Peterson Gary Warren . . . . MEMO TO: Mayor and City Council FROM: Shawn Sanders Civil Engineer -).f\S, SUBJECT: Phase I Llly Lake Improvement Project 9913 DISCUSSION: Plans and specIfications for the Phase I Llly Lake Water UtIhty Improvements are completed The bid date would be September 16, 1999 at 10:00 a.m., WIth bids presented to Council at the September 21, 1999 meetIng. RECOMMENDATION: I recommend that Council approve the plans and specificatIons for the Phase I Lily Lake Water and UtIhty Improvements and order advertisement for bids for the project. ACTION REOUlRED: If Councll concurs WIth the recommendation, they should pass a motIon adopting Resolution No. 99--, APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PHASE I LILY LAKE IMPROVEMENTS (pROJECT 9913). RESOLUTION NO. 99- APPROVING PLANS & SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PHASE I, LILY LAKE IMPROVEMENT . (project 9613) WHEREAS, pursuant to a resolution passed by the Council on June 1, 1999, the Short, Elliott, and Hendrickson and the CIty Engineer has prepared plans and specificatIons for the making of Phase I, Lily Lake improvements; and WHEREAS, the City Engineer has presented plans and specifications for the improvements to the Council for approval and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. The plans and specificatIons presented by the CIty Engmeer are hereby approved. 2. The City Clerk IS ordered to prepare and cause to be IOserted m The Gazette and in the Construction BulletIn an advertIsement for bids upon the makmg of the unprovement under the approved plans and specifications. The advertIsement shall be published once in the StIllwater Gazette and twice m the ConstructIon BulletIn, shall specIfy the work to be done, shall state that bids wIll be received by the CIty Clerk untIl September 16, 1999 at 10:00 a.m. at winch time they WIll be pubhcly opened at CIty Hall by the City Engineer, WIll then be tabulated and wIll be conSIdered by the CouncIl at their next regular Council meeting on . September 21, 1999 m the CouncIl Chambers. Any bIdder whose responslblhty IS questioned during consideration of the bId will be gIven an opportumty to address the CouncIl on the issue ofresponslbihty. No bIds will be consIdered unless sealed and filed WIth the Clerk and accompanied by a cash depOSIt, caslner's check, bid bond or certIfied check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by CouncIl tins 17th day of August, 1999. Jay Kunble, Mayor ATTEST: Morh Weldon, CIty Clerk . , . . . MEMORANDUM TO: Mayor and CIty Councll FROM. Cindy SlnIts, Bwldmg Inspector cb DATE: August 12, 1999 SUBJECT: 1924 N. 1st Street SeptIc System Attached IS a report and desIgn for a new septic system to be mstalled at 1924 N. 1 st Street. The current septic system is failing and needs to be updated. The new desIgn has been reVIewed and is m compliance with State regulations under Chapter 7080, IndIvidual Sewage Treatment Systems Standards RECOMMENDATION. I recommend approval of installatIon of the new septic system as per the submitted design. #I MEMBER ~ ENVIRONMEI'ITAL .usUSllM7ll Auoc:IGI_ Professional Building Inspections and Environmental Services .. ".' ~ . .. ;"t'.~:r-" f,,~; _ .... ~"..\ . ~ ~ ~~. ,r.':t. ~'l.~,,~ .y' "t It ~ 'f""'t "'\;.A" ,J...-;r Nt "l... ~4"r..~ ..-r_ """~~ ;- "t!..- '1.::'''0'1:- n,' I..... .. ~ ,..~~~~"f '; \~"""..Ie . Jack E. Gill, CBO, President · State of Minnesota, Certified Bulldmg Inspector, #0246 + Certified Accesslblhty Specialist # 1966 · Council of Amencan BUilding Officials, Certified Bulldmg Official #761 · International Conference of BUlldmg Officials, Certified BUlldmg Inspector #30795 · State ofCahforma, Registered Construction and CIVIl Engmeermg Inspector #2887 · Mmnesota Pollution Control Agency, Registered Sewage Treatment System DeSigner I & Inspector # 1745 · State of Minnesota, Licensed Asbestos Inspector and Asbestos Management Planner · State of Mmnesota, Licensed Lead Inspector and Lead Risk Assessor · State of Mmnesota. Certified Commercial Energy Auditor · Arbitrator, Amencan Arbitration Association August 8, 1999 Ms, Jane StIllman Century 21 Pauley 1940 S Greeley St Stillwater, MN 55082 SubJect SeptIc System at 1924 N. 1st Street, StIllwater - Berg Dear Jane . Please find attached mvolce and septic system Site evaluation / deSIgn for subject property. As per our dIscussion I am sendmg a copy of this deSIgn to Jeff Childers at AM PollutIon Control (651-738-9341), Tom Powers at Outdoor DeSIgn (651-426-9693) and Larry Chnstianson at C&B Excavatmg (651-433-3986) Jeff, Tom and Larry have mstalled many new systems and are excellent installers, I am sure they will be happy to bid thIs system for you Please be adVised that should there be any problems with my design I will furnish any and all extra required work such as soil bonngs, field trips, etc at no addItional charge I wIll do everything possible to make my clIents happy. Please contact me should you have any questions. Smcerely, ~M-~ Jack E. Gill Copies' Mr. Jeff ChIlders - AAA Pollution Control, Inc. Mr Tom Powers - Outdoor Design, Inc. Mr. Larry ChristIanson - C&B Excavatmg, Inc. Ms Cmdy Shilts - City of Stillwater . P O. Box 21296, Minneapolis, Minnesota 55421 · (612) 789-3354 · Fax' (612) 781-2471 Visit our web site at www.winternet.comrpbi INDIVIDUAL SEWAGE TREATMENT SYSTEM MINIMUM SPECIFICATIONS SHEET .NAME : -r::: L~TATE. of LOVlSE. "B~R.C1 ADDRESS AND/OR LEGAL DESCRIPTION: _ \cq l4 t'l. l"='T ST' ~-r \ \... \.. tv I~TE. R WASTEWATER ~3 V>~ORoo M Estimated () gal/day, or Measured gal/day SEPI'IC TANK Volume -rc n 0 gal+ \ 0 00 LIFI' STATION Volume \ 0 0 0 gal Pump: del1very rate \ t) gal/min total head \ 0 . \'L ft. dJ.scharge per pumping event \ 'L,\ ~ 1., gal Inslde diameter of presiure line from pump to treatment area 'L- lnches SOIL .\ 1/ .DePth to restricting layer ~~ Percolatlon rate: Ei- min/in at 12 inch depth ,; ~ -, min/in at 24 inch depth IIWl/Ul at inch depth Land Slope ~% DRAINFIELD TRENCHES \ M.l.nimum depth of trench ~ inch Maxunum depth of trench ~ lllch Bottom area for trench~s havlng ~ ln~ S ~ock below the chstribution pipe sq ft Trench width ~ ft Total trench length ft Number of trenches Spacing of trenches \ . tj Dis~bution (check one): drop box pressurized laterals - complete PRESSURE DISTRIBUTION SYSTEM sectlon bel BED Nt", M1iii.U1um depth of bed lnch Maximum depth of bed lnch Bottom area for bed havlng 12 J.nch of rock below the chstrlbutlon plpe sq ft Bed Width-, Bed Length ' MJUND - - Nl~ Bottom are .'Jor bed having 9 lnch of roch below the dlstrlbution p~pe Bed Width Bed Length Upslope sand base depth Upslope dike width Downslope sand base depth Downslope dike wldth PRESSURE DISTRIBlJI'ION SYS'I'E}! _ N I A. Inside diameter of marllfold plpe Perforated lateral inside diameter length number spacing Perforation: diameter spacing ft oc ft ft "",.. ....'i ft ft ft ft ft ft In ft J.n oc In J.n oc LAYour (Site Plan) 1. Use an appropriate scale and. indicate direction by use of a north arrow. 2. Show pertinent property boundaries , rights-of-way, easements, etc. 3. Show location of house, garage, driveway and all other improvements existing or propose 4. Show location and layout of sewage treatment system including tanks, trenches, etc. 5. Show locatlon of water supply well. epeclfications and layout have been designed by M.l.nnesota Pollutlon Control Agency Certification No. Da te '6 - <i( ~ ~ ~ Exp. Date 3-1S:- 00 b64 PUMP SEl.ECTION PROCEDURE 2 Determine pump capacity; MInimum suggested is 600 gallons per hour (10 gpm) to stay ahead of water use rate. Maximum suggested for delivery to a drop box of a home system is 2,700 gallons per hour (45 gpm) to prevent bulld-up of pressure in drop box. Use value from design of pressure distributlon system. SELECTED PUMP CAPAc:rIY 1 () gpm 3 B. Determine head requirements: . 1 Elevanon difference between ~ump and point of discharge. €) feet If pumpmg to a pressure distribution system, add five feet for pressure required at manifold 2 D feet 3 Frichon loss a Enter mctlon loss table with gpm and pipe diameter. Read mctlon loss m feet per 100 feet from page F-18. F t. = f!) -'Lo (t./l00 (t of pipe b Determme total pipe length (rom pump to discharge point. Add 25 percent to pipe length for fitting loss, or use a fitting loss chart. Equivalent pipe length. 1 25 tim~pipe length II I #f .;- :z.6 x 1.25 0:: ~ '2. feet c. Calculate total fncnon loss by multiplying fnction loss in ft/l(P ft ~l' equIValent pipe length. Totalfrictionloss- "z....~ x O.lO +1000:: 0'\2- feet Total head required is the sum of elevation difference, special head reqUirements, and total friction loss. ~o (1) + ~ . \'t. (3c) C) (2) + TOTAL HEAD 10 . ll... feet C. Pump selection 1 A pump must be selected to deliver at least ~ gpm (Step A) With at least lO:!k feet of total head (St~p B). D Total Pumpout Volume . 1 To maximize p~m"p life select sump size for to 5 pump operations per day. ~ ~ 0 gpd + 4 ... l ~,. gallons per dose 2 Calculate drainbac::k 1 Determine total pipe length, ~ feet 2 Determine liquid volume of pipe, Wgallons per 100 feet. (~page F-18) 3 Multiply len~~ by volume: Drainback quanti~_."""1 feet x h.! gallons/1oo ft. II: ~ gallons. . Suggested dralnback quantity is 10 percent of pumped quantity. A larger drainback percentage Will decrease pump station efficiency slightly but pumping energy costs are usually a relatively small part o( the total household energy costs. 3 \o~ ~~p out volum~ equal~. d~ volume + drainback \. allons per dose + ~ gallons 0:: Xl.,\. ~ Total Gallons f-15 . PIpe: Length [Lp I POint O( D s:: I Elevlcon DLffercncc I F.18b 1.5 inch 2 0 Lnch 3 0 Inch I gprri Fn~CIl\ Iou per I CXl ft ot piP" 10 069 020 12 096 028 14 1.28 038 16 1.63 048 18 203 060 20 247 073 011 lS 3.73 1 11 o 16 30 S 23 1 55 023 35 790 206 030 40 II 07 264 039 45 14.73 328 048 50 399 058 S5 476 0 60 560 D-7 DTlMATm '[WACK 'LOWS IN <:AU.ONS "El'l O~. N.I~JDl TY~E 0' IIItSIOC:NCI: a KDIlOOIolS I t1 - - Z ~OO US .10 'elC. ~ 410 :soo 1.1 II 4 100 :J7'1 IU ...v" I~ I 710 4:.<) n.. T J'!! r 1 .00 52:1 ~Z !:.. l.. 1000 600 370 . - 1200 17:1 .oe :.I"'~" OallOn.s llCt 100 f:C1 4.4 7.77 10.58 17.43 24t8 38 66. . For: ~t-4 tS l<;T'~'T' _ Tl\.,L_^T6~ Save all trees and 1 or avoid roots when possible. Fill 1 remove all existing tanks ~ "i., CtJ V G~ () N SbQli TA N tc. ~"I\LL ~f: ~\\/t-lC("1 Fe~T. . NEW SEPTIC TANK(S) NEW PUMP TANK TANKS \ 0 () 0 + \ 060 (1.. TA H'F:.SJ CAPACITY \ <:> 00 ( '}. TAt-l~ CAPACITY llRAlliEIELn BEDROOMS L DESIGN FLOW 4 t5' 0 GPD PERC RATE 3 . 'J MPI SOIL SIZING FACTOR l.. .ts, 1 "'\S""6 ue..P}<., \~'J =::.. 1."2.. ~F T,-rp.t..1)RAlt-lF1E:LO ~/I1.'(ROc.k . -, 5" 1.. ~ 3 b il ::: 2.~ f.,f= 1>~I\\~'E:\..{) 'TR.f ~c.t\. 1.5] ..-:- -4 --r-f. f-~ Co QE;S;:::: b 1> l- F f c~ .,. ~ ~ f.,)C H- \) ~ ~ -U ~'P '0 0)( f-~ . V" --I 'P l'1 M -I S 6 \\'. '-. tl ''''''' / Pf:f4.' L. ("ATI...S ~ /.' 1'8' I I I , ~o (~()~ ! '-'<.\ \ floC! c1'''~..s I - .L ' ~, I I I '. 40' , r- rl Hou ~ ~ 11 ' ~') . I ..- -..- - ~ - - -- - ------------- -- -- - ------ . . , \ " 4 ' '" I ! G:~, ~r L _ _ ---I 16~ ')T1t -, SI' old F"OlA.,J~I'O'l I~'" OLt+ 3IJ~. ... 31" r Ou~- ~ ,Ol.tdJ"'5 L_ _ _ '2' .. -. , I '<,,~! -I' , --- oJ A#rO).I""~ 714<., I (~ . .: If\ --l p rr-, f"'TI --t . Oe.Sl4t-1l'''t-04t ",,--- -- - -- ---- I 1'8' --- ..------ -- -- -- - ----- .. 5"0 (c;a\- ; \../(. \I Rec cl"4.5 : , . I ,,0 I el r::OlAV\JtrI,'O'l I~" 4 " Olf+ TlIJ .. ~ - 40' ... r- rI Hou ~ F- . AffrOA',..'.n..... f'r,~~., , ~( / J oJ I 2 l' ~r - - ---I rou~ , 1 OLl.IcJ'V\5 'oJl~ I , -, I L____ 1.,____ ~ I 31' 11' " L 16" I --- -----~!_- \A "-\l<::./O\<^lNf\~L9 \.A'CAT1()~S €)(\~T\NC1 CO'" Ot-\ONS co - -- ---.. .. ---------- - )T R [[ T I h\j\"b( VAR\t: To F\T I ("A,'" // . . .. . . . . . . . . . . . . . . . . . . a a a ) 1- ), l1 l t; t; )., II !) ) ) ) ) ) " ) Effective 10120/97 Chapter Four <- indiVidual Sewage Treabnent System Regulatlon~ sod capable of bearing the weight of the tank and its contents. Sewage tanks shall be setback as specIfied In Table III Sewage tanks shall not be placed in areas subject to floodIng or in floodplaInS dehneated by laO regulations adopted In complIance With MN Rules, Chapter 6120 or m areas for which regIOnal tl mfonnation is avaIlable from the DNR, except that In areas where ten year flood mfonnatlon is available fr and/or approved by the DNR, sewage tanks may be mstalled as an alternative system in accordance With all proviSions of Section 15 3. Table m Minimum Setback Distances (Feet) Feature Sewage Tank I Soil Treatment Area Water Supply Well less than 50 feet deep and not 50 100 encountering at least ten feet of impervIOus material Any other water supply well or buned water suctIOn pipe 50 50 Buned pIpe dlstnbuting water under pressure 10 10 OccupIed buildings and buddings With basements or crawl 10 20 spaces Non-occupIed structures 5 10 Property lines 10* 10. Above ground sWlmmmg pools 10 10 In ground SWimming pools 10 I 10 The Ordinary High Water Mark of: Natural EnVIronment Lakes and Streams 150* 150. RecreatIon Development Lakes and Streams 75* 75* General Development Lakes and Streams 75* 75* All unclassIfied waters 75* 75. St CroIx River Rural Districts 150* 150* St CroIx River Urban Districts 100* 100. Bluffiines: . St CroIx River Blufflines 40* 40. Shore land Blufflines 20* 20* * These standards may be modIfied through the VarIance process 11.10 Aerobic tank treatment systems shall comply with the general requirements for sewage tanks set forth In thIS Chapter, and with the following: (1) The treatment system including each individual unit or compartment shall be easily acceSSible for mspectlon and maintenance and shall be prOVided With secured covers It Washmgton County Development Code 21 - . . . tORs of Soil Borings Location or Project \C\ t..'1 ~e~ ~. \ ~ S\-. Borings rude' by Classification System: Auger used (check tvo): Depth, in feet o 1 2 - 3 - 4 - s - 6 - 7 8 - MSHO Hand ~. . Boring null\ber Surface elevation ~.. 0, ~ @/to f-'t" depth. fJ TOP OF DRAINFIELD AT BOITOM OF DRAINFIELD AT REMARKS 'De.~\Q"" 'Bav--, 7 {". Depth, in teet f) 1 2 3 4 s - 6 7 8- B- 3 ~ Date ot~e:' Borinlt number -"'2... Surface elevation to'(fl... 3/Z- V. k~~ btDLc1 Loom.~ SC1.t\cA (. ~ SOll '7,b'(/l- */~ - bf'D\A.!Y) Fnle. ~Cl.YlcJ. ~~ve\.s 1Tn.c.e. S1 '+5 . 7,~'fR- */4 - h't"bW,,\ P,ne +n M.~\"'~ SCL~ ~CLC., t'~ E.. 0 13 @ ~L ()-rr End of borin~ at ~&() fee~ Standin~ vater table: ~l) Present at feet of dePt~. pours after bor1n~ Not present in borin~ hole ~ Mottled soil: ~() Observed at feu of ce,:~ Not present in borin~ hoi~ Observations and cOmlent 5: \tI , FEET OR FEET OR INCHES INCHES LaRs of Soil BorinRS Nt ,st So\-,. Location or Project \Q2,-\ Borings ~de' by ____1?13J: Class1f1cation Sy.tem: AASHO Auger used (check tvo): Hand~. . B- J ~ Date &/I/~~ . ; USDA-SCS (<. UniUed : ocher or ~ov.r ___; Flight _____, or BUCKet 1<: Depth, B01"1nl nulllber -~ 1n Surface elevation teet 0 tJ,syA 3 1- - ~\:( Drown 1- \.Qa.,m'f So..n d.. '1.~~ q/?> - bfV~ '\ 2 - F; ne Sa.nd ) ~e. 3 - s" H- o.....J cr-Wel7 4 - '1\'5l'~ &.//4- b..-o""., s - F= 1M SCl-V'\.cl li #-It. ttt o..v-els 6 - 7 - E. I (), ~ ~ 7, 0 ~t" 8 - Depth, in teet f) 1 2 3 4 s - 6 7 B- End of b01"ing at -'.0 feet. Standf~g vater table: ~() ~esent at feet of depth, hours after boring. Not present in boring hole ...,.. oc~ep Bor1n~ number &-4 Surface elevation ,. ~ "( /2. ~ 'Z - ~ b 1'D 1..J "rI LoC>vW't ") ~a. (\ c:l 7, $' '((L Y!I..\ - b,...o '-J 1"'"' FJY)t Stvr,J. (l t'Y'o- Le.. ~ I Ils c.....--eJ 61u.uUo 1. f: Yt'l... Lf/4- - b,04J t'") F-/1Vl S~ t ,*le. ~ I; .0, B @ <&,0 for . End of bor1nlt at ~,D fee~ Stand1n~ vater cab 18: NO Present at feec of dePtA, )lou 1"5 a f,-et' bo r 1 r It Not present 1n bor1n~ hole ~ Mottled soil: ~ Observed at feet ot depth. Not present in boring hole to Obs~rvations and comments: Mottled so11: NO Observed at feet of ce,:A Not present 1n bor1n~ hol~ )l Observations and COlD!Dent s. TOP OF DRAINFIBLD AT BOITOM OF DRAINFIBLD AT REMARKS ~ ~I'~ FEET OR FEET OR . INCHES INCHES . . .. 8-39 PERCOLATION TEST DATA SHEET Tes t hole location 1(1'2. 4 J1 /5.t.. Date test hole was prepared $)...,-"I'f Diameter of hole, ~ inches. ~ Soil data from test hole: p- I 5+~ Hole number " 2 ....... ~ Depth of hole bottom,~ 1nc~es Depth, inches 0'. '" - 12- 11........- Z If'.... So11 texture (,) <<(It 1/'2 Cbrk 6fl1w\l\ 104",,-'( ~~ 7" rr( 0/3 . I3rD<--\l\. -G'rc, ~~ +rQCl, ~C'l~~ t''7l"Q\A- '\~ -: Method of scratchin~ sidewall lQ{.l.t ~II\Q.'\~ .., '... Depth of pea-sized gravel in bottom of hole, ~ Date and hour of initial water filling !-I - 'i tot Depth of 1n1tial water filling, ,~_....... inches above hole bottolll. Method used to maintain at least 12 inches of water depth in hole for at 4 hours rC. - {'c'l' ~,^,4hr inches. - lease Percolation S-1.-1 ~ (date) during test, test readings made by fac i IO.'~'O <i:lw start ng at v {>.m. ~O~C 0'" Maximum water depth above '9 ".... inches. '0'2 Time Percolation Time Interval, Measurement, Drop in water rate, Remarks Minutes inches level, inches minutes per inch -{a: {O to ';3 ~ ,,.- 3'~'" "2.. ~.." '3 .. g /'1(Jc. "'\ Jb~~ ./0.,,20 Zo '36 oK ~ .~Cf' l1,."" 1 ~,,-r,. 3,1 rtn ~ ~. 'l ,/f(~ . 0-10. }O /0 Iu.~''''' - 3" 'Y;,,"" "2.."..... li ~Pt - . . - - . .. ID:OO '0:10 'J; Percolation rate · '3 (~ )1(JJ; minutes per inch. PERCOLATION TEST DATA SHEET 8-39. Tut hole location /q24 )} /54- Date tUt hole \las prepared ~""I- f'i Diameter of hole. e inches. Soil data from test hole: 5f~ Hole number p- 2 . ~ ~ ~ Depth of hole bottom, 24 1nc Depth. inches 0'. ,..... - '2. 12"'- Z ~(" Soil texture (,) Ytt 1/2 Chrk 6~c....~ 104.",,-'( ~....eI 7,5" Yr( i{/3 . 13f"~ -trc, ~~ +'QCL. ~"I~~ t;.-avt-( \\ ~ -: Method of .cratchin~ .1de\lall la4-L, ~"'Q..L~ "'] ,. ... Depth of pea-sized gravel in bottom of hole. ~ Date and hour of initial \later filling ~-I - 'i 9 Depth of initial \later filling, I~- ....... inches above hole bot tOlll, Method used to maintain at least 12 inches of \later depth in hole for at least 4 h ou r s reo - {','l( ;f'W4 hr Percolation test readings made by ~-"t -1 q starting at 10:00 (date) ~'" during test, 12 inches. _- fat ~ p.m. 0" Maximum water depth above "O~c .. inches. . toros- Time Percolation Time Interval. Measurement. Drop in water rate, Remarks Minutes inches level, inches minutes per inch -'0;'( To '?t ,~,.,.--3'7~", ..,. '2. ff,.;{~ " ~. ii rI pc. 1 .4v"C~cL.I -(C): z.~ Lo 14Y","- 311-t" '2. ''1,'" ,.4 /"lIt;;. \ ;;7 :; , 'I ,." (J . . '3. $"' /I(Jt _Ic>. ~~ Tn ~ ~ y(l....- _1~T~L I, ~ ~."" . . - - .. r: '0: '5" IO;U' . Percolation rate. 1. 4 11~ minutes per inch. . Minnesota Polluti~ontrol Agency . liidividual Sewage Treatment Systems License .on: 12131/00 Designer I License expires 3/15/00 Date of Issuance: 12/29/98 ManCffgIDl'fJJKut.b<6e~~~~PRAR~ly,~~ Lafayette Road, St Paul, MN 55155-4194, 1-800-657-3864, or TOO (for hearing and speech Impaired only) (65 I) 282-5332 Pnntcd on recycled paper containing alleast 10% libers from paper recycled by consumers ~~.~ Peder Larson, Commissioner " . . . MEMORANDUM TO: Mayor and City Councd FROM: ShawnSanders,PE ,,~. DATE: August 17,1999 RE: Curve Crest ExtenSion PrOject Bid Award Project 9721 DISCUSSION: Bids for the Curve Crest ExtenSion Project were opened on Fnday August 13, 1999. The City received five bids With the low bid of $725,716 33 subnntted by Richard Knutson Inc. The bid opemng dId not go by Without any controversy, RIchard Knutson Inc. did not receive the addendum from Bonestroo Rosene and Anderltk & AsSOCiates and therefore did not acknowledge Addendum #lon ItS bid proposal. The Addendum consisted ofreVlsmg the bid proposal to meet State A1d Standards There were no slgmficant changes in quantItIes or Items on the bid proposal that would affect the outcome of the bid results (Attached are copies of letters from RIchard Knutson, Inc and from Northdale ConstructIon, the second low bidder.) Smce a portIon oftlns project IS to be constructed on the propertIes owned by TIm Nolde, (Sid Wlnte Property) and JIm Bradshaw, the City WIll need an access agreement from each owner The City IS also reqwnng a Signed waiver of assessment heanng on the street and utilIty costs These two condItions should be met before Councd awards the contract. Bids can be retaIned by the City up to sixty days after the bid opemng and cannot be withdrawn by the Contractor ,t RECOMMENDATION I recommend that the City accept the bids subnntted for the Curve Crest Extension Project, Project 9721 and award the contract to RIchard Knutson, Inc With a low bid of $725,767.70 under the condItion that the City receives an access agreement and WaIver of assessment heanng from the Tim Nolde property. ACTION REOUlRED: If Councd concurs with the recommendatIon, they should pass a motion adopting ResolutIon No 99---, ACCEPTING BID AND AWARDING CONTRACT FOR CURVE CREST EXTENSION PROJECT (project 9721/9721A) RESOLUTION NO. 99- ACCEPTING BID AND AWARDING CONTRACT FOR CURVE CREST EXTENSION PROJECT (project 9721/9721A) WHEREAS, pursuant to an advertIsement for bIds for the constructIon of the Curve Crest ExtensIon, bIds were receIved, opened and tabulated accordmg to law, and the followmg bIds were received complymg WIth the advertisement; BIDDER BID AMOUNT Richard Knutson Savage, Mmnesota $725,71633 Northdale ConstructIon Rogers, Mmnesota $776,298.53 Palda & Sons, Inc. St Paul, MInnesota $837,210.24 C.S. McCrossan, Inc Maple Grove, MInnesota $918,91080 Park Construction Co MInneapolIs, Mmnesota $1,034,038 85 AND, WHEREAS, It appears that Richard Knutson, Inc of Savage, Minnesota IS the lowest responSIble bIdder. \} NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and dIrected to enter mto a contract WIth Richard Knutson, Inc of Savage, MInnesota In the name of the CIty of Stillwater for the construction of accordIng to the plans and speCIfications therefore approved by the CIty CouncIl and on file In the office of the CIty Clerk. 2. The CIty Clerk IS hereby authorized and dIrected to return forthWIth to all bIdders the depOSItS made WIth theIr bIds, except the deposits of the successful bidder and the next lowest bIdder shall be retamed until a contract has been signed. Adopted by the CIty CouncIl tIns 17th day of August, 1999. Jay KImble, Mayor ATTEST' MorlI Weldon, CIty Clerk ~ . . . e . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. Sum #202. PO Box 438. STILLWATER, MN 55082 TELEPHONE (651) 439-9464 . TELECOPIER (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN August 17, 1999 Honorable Mayor and City Council Members City of StIllwater 216 North 4th Street Stillwater, MN 55082-0456 Re Curve Crest Boulevard and 62nd Street Bub Dear Mayor and CIty CouncIl Members I have reviewed the bIds for the Curve Crest Boulevard and 62nd Street proJects that were opened by the City on August 13, 1999 I have also reviewed the complamt made by Northdale Construction Company that the apparent low bidder, Richard Knutsen Inc, did not submit a bid on the proposal form supplIed by the CIty reflectmg Addenda No 1 The test of whether a variance between a bId and the City's plans and speCIfications can be allowed IS whether it is matenal and gIves a substantial advantage or benefit and not enjoyed by other bIdders Coller vs City of St. Paul, 1947,223 Minn 376,26 N W 2d 835 In thi$ case, the minor Irregulanty 10 the Knutsen bId was corrected and resubmItted with a properly acknowledged Addenda No 1 In thts IOstance, when the bid was resubmitted with the proper addenda, it actually resulted 10 a bId price approximately $50 below what the Knutsen bid had been originally If thIs deviation were matertal, the City would duty bound to reject the bid, but it my opinion after conversing with the City Engineer, thIs was not a substantial irregulanty, nor did It gIve Knutsen a substantial advantage or benefit not enJoyed by other bidders In conclusion, the CIty CouncIl would be Justified in allowing this mmor correction of a nonmatenallrregulanty, now rectIfied, and would be free to award the contract to the apparent low bidder, Richard Knutsen Inc Respectfully submitted, DaVId T Ma: uson StIllwater CIty Attorney DTMlnm I . . ,. ..... AUG-16-99 MON 02:56 PM NORTHDALE CONST CO INO ~fo FAX NO. 612428~997 P.02 - Construction Co. Inc. , Sb::e JSI6I l4450 Northda1e ~d, Rogers, }AN 55374 (612) 428-4868 FAX (612) 428-4997 August 16, 1999 Honorable Mayor and City Council Members Faxed 8-16-99 Clty of Stillwater 216 North 411\ Street " ..21.~' Stillwater, MN 55082-045: ~. 1.~ 1--'" 1F:. 'iF ';. R.e Curve Crest Blvd an2 NO~~2Dd S~et.aiid Utility Improvements Bid ::- l', I' "'"'1. - . ~ ..... /'" """ .. .. . '" . - .. iqU.al~Empl.oJer .. .. .... . .' . t ..",~, .".._ " -.- \...~ ~ to .. .'\. ~ -;. ~. ... ..: -."..:J-. "-..~~....?f. ~ .~ ~ '" ........ .' I ;.~~...~......-:.. ~ . ~ ,,:.-., . "- ~ -. ~...~..... .., .; ,;:~t' ~.: .. ',: "'. ....... 't&" .. . No1eBalr"'iSo~ . ~ . ~"''''.'' . i ~ "".:"!:.~";., ~ ., _ AUG-16-99 MON 02: 57 PM NORTHDALE CONST CO I NC '~ - ~i';, ~;:~~: Page 2 - Northdale ConstI' .....}:;..." . ~ ': ~'-1' " .. FAX NO. 6124284997 P.03 'l " .. Honorable Mayor and City Council Members detailed below are the areas of your general conditions where the appaten1 low bidder was unresponsive. . 1. G.C. 2.3 - Rlchard Knutsen 1Dc failed to properly examine the proposal form and sublDlt tlus bid on the proper proposal form 2. G C. 2.4 . Richard Knutsen Inc failed to acknowledge the addenda provided by the owner There is also one bid item that was changed in the proposal form that Richard Knutsen Inc was not responsive (change from 47B wear course to 47 A wear course). There is State AJd Money involved in the project and the project specifications reference ~'Dot Specifications throughout. The MNDot Standard Specificahons are quite specific on the importance ofumng the cotrect proposal fann suppled by the owner and the importance in the issuance of addendums and there acknowledgement as integral parts of the contract documents. Obviously the apparent low bidder was umespomnve in accordance with not only the City of St1llwater Genexal Contract Conditions but also those of the State ofMumesota wbich is the major funding agency. 'TherefoIe, I would request that the City of Stillwater declare the bId of Richard Knutsen mc. unresponsive and reject that bid. Furthermore, we requ.est that the City of strewater award the o. contract to the lowest respond bidder which IS Northdale Construction Company, Inc.. . It should be noted that the bid of North dale Construction Company. Inc. was substantially below the Engineers estimate. The rules for 1>ublicly bid projects are intentionally structured to avotd even the air of improprieties. I do not think that the facts as presented above are in dispute, nor can it be disputed that Richard Knutsen Inc. was unresponsive in the bid that they submitted. The only remaining question is if the CIty of Stillwater will decide to follow the spc:cificanoDS that they authorized or attempt to abridge them. Thank you for your consideration of the above. I would request that the City of Stillwater respond in writing to this request prior to any act10n to award the contract so we can protect our interest in this matter. Yours truly, Nortbdale Constxuction Company, Inc. ~(J-W~ Thomas A. WiIeb$ki cc: Mark Hanson ~ BonestroO and Assocai.tes David Magnuson - Magnuson Law rum . it , . . . SENT BY:Xerox Telecopler 7020 ;12-)8-8: 4:08 812e90e348~ 4308810;. 2 RICHRRD KNUTsaN. INC. 12585 RHOOE ISLAND AVE SO. · SAVAGE. MN 55378 (812) 880-8811 · FA)( (612) 880-8348 AUSUSt 13, 1999 Mr. Klayton Eckles, City Bnaincer City of Stillwater 216 North 4th Sueet Stillwater, MN 55082 RE: Bid LettiDi for Curve Crest Boulevard Dcar Sir: As you are aware, we ( Richard Knutson, Inc.) were read as low bidder on the above referenced proJect. As you may also be aware, our bid does not acknowloclae Addendum # 1 for the simple reason that we chd not receive that Addendum from the project enaineer, Bonestroo, Rosene, Ander1i1c, &: Associates, until!1 :24 AM today (after the bid opening) via fax I previously called DRAA on Wednesday and was told that there was no Addendum for this pzoject. We still have not received a mailed copy of the Addendum, only the faxed copy that we received today. This letter continns that the Addendum does not aft'ect RKI's bid in any way, and that we will honor all of our unit prices exac1Iy as they are contained 011 our bid form. Had we received the addendum before the bid openina. it only would have resulted in a formatting chanse in the presentation of our bid, the substanc:e of the bid would have remained-and does mnam--eXlCtly the same. We eagerly look forward to workins with the City of Stillwater. If theJe are any other questions or concerns we can help with, please feel &ee to call. Sincerely; RICHARD KNUTSON, INC. ,~ Von Beraltrom Estimator cc: Mark Hanlon, BRAA An Equ.1 Opportunity SmplQY8r I eonwctor ---I , I' I t ~ - 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo Rosene Anderllk and Associates Inc IS an Affirmative Action/Equal Opportunity 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 SeMlor 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 Rochester Wlllmar and St Cloud MN . MIlwaukee WI Webslte wwwbonestroo com Engineers & Architects August 16, 1999 Klayton Eckles City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re Curve Crest Blvd /North 6200 Street Utihty and Street Improvements City Project No 9721 Our Flle No 510-98-803 Dear Klayton Bids were opened for the project stated above on August 13, 1999 Transrmtted hereWlth IS a copy of the bid tabulation for your mformation and file Copies Wlll also be dlStnbuted to each bidder There were a total of 5 bIds received The folloWlng summanzes the results of the bids ,f Low #2 #3 #4 #5 Contractor Richard Knutson, Inc Northdale Construction Co , Ine Palda & Sons, Inc C S MeCrossan, Inc Park Construction Co Base B,d $725,716 33 $776,298 53 $837,21024 $918,910 80 $1,034,038 85 The low bIdder on the project was RIchard Knutson, Inc Wlth a Base Bid of $725,716 33 accounting for Addendum #1 Thts compares favorably Wlth the Engmeer's estunate of $875,201 75 On Monday, August 16, Addendum #1 was nuuled out to the plan holders reVIsmg the layout of the proposal to satisfy state ald standards Consequently, the only quantity that changed from the old to the new proposal was the "mstall sign panel, type C" bid Item, which went from 97 25 square reet to 97 5 square feet RIchard Knutson, Inc did subrmt theIr bId on the old proposal and did not acknowledge receiVIng Addendum #1 However, after convertlng theIr umt pnces to reflect the new proposal mcluded m Addendum #1, thew reVIsed base bid IS $725,716 33 compared to $725,76770 (-$5147) After reVIewmg thiS matter Wlth yourself and the City Attorney, It has been agreed that the City Wlll honor RIchard Knutson, Inc ' s bid as the low responSIble bidder '\ " . . . 2335 West Highway 36 · St. Paul, MN 55113 . 651-636-4600 · Fax: 651-636-1311 . . . FollowlOg IS a detaIled breakdown of the low bId related to the prelllDlnary report and the EnglOeer's eSbmate PreIImlnary EnglDeer's Report Esbmate Low BId Curve Crest Boulevard MSA Eligible . Street $ 306,334.65 $ 326,812 00 $ 298,030 83 . Storm SewerlPond 290,16000 248,257 00 172,44132 . Pond Outfall to Long Lake 196,480 00 145,118.00 117,505 33 Non-MSA Eligible . Samtary Sewer 57,050 00 44,625 50 40,032 72 . Water MalO 81,56300 73,230 00 63,221 04 North 62"d Street Non-MSA Eligible . Street 22,765 35 18,41425 17,01850 . Water MaIn 21.147 00 18.745 00 17.51796 TOTAL $ 975,500 00 $ 875,201 75 $ 725,767 70 State AId funds wIll cover 100% of the elIgIble street costs and 74% of the elIgIble storm sewer costs, WhICh reflects a weIghted percentage based on 89% for storm sewer on Curve Crest Boulevard and 55% for the outfall pIpe to Long Lake At thIS bme, we have receIved the Department of Health PermIt We have applIed for and are sbll aWaIting the MPCA SanItary Sewer Pemnt and WashlOgton County Street Access Pemut, as well as the DNR Pemnt to Work 10 Protected Waters Once the Contract IS awarded, the MPCA General Storm Water Pemut wIll be applIed for We are anbcIpabng that all pemnts wIll be obtaIned pnor to the start of construcbon, except for the DNR Pemut to Work 10 Protected Waters, WhICh we expect to obtaIn late 10 September The gradlOg assocIated WIth the DNR pernut between the outfall pIpe flared end secbon and Long Lake WIll not commence unbl the pernut has been obtaIned For thIS reason, the complebon date from the outfall pIpe to Long Lake and gradlOg near the lake IS June 30, 1999 It's our understandlOg that CIty Staff has resolved all Issues asSOCIated WIth easements and nght-of-way Therefore, Its our recommendabon, If all Items are 10 order, that the Contract be awarded to RIchard Knutson, Inc for the base bId of $725,71633 Please contact me If you have any quesbons at 651-604-4838 Yours very truly, ;;;:;;lil~~ASSOOATFS. me Mark Hanson Enclosure . MEMO To: From: Subject: Date: Mayor and CIty Council A / Steve Russell, Commumty Development DIrector IV Parkmg Space Change for Nelson Alley between MaIn and Second Streets August 12, 1999 The Downtown Parkmg CommIssion recently reVIewed the parking space arrangement along Nelson Alley. Currently, there are three - two hour parkIng spaces and four loadIng spaces on the north side of Nelson Alley The proposal is to add two - two hour parking spaces and remove two loadIng spaces on the north sIde No parkmg on the south side A meetIng was held by the ParkIng CommissIon WIth adjOlmng bUSInesses and the recommendatIon was the concerns of the meetIng. The ComrmsslOn also recommends that left turns offMam Street on Nelson Alley westbound be prohIbIted. A Nelson Alley street SIgn IS also requested (see attached dIagram). There IS currently no street SIgn on Nelson Alley . Recommendation' ConsIderatIon of Downtown Parktng Comrmsslon recommendation Attachment . ) I/p _--/ '-/ _.J ( , ( j ~ - -- (if ; ~ =-=- // J I, ) V( K 'l\ '" ~::l ~~ '" ~ ~ PI\oO rSt..< 'PMJ(I ~ 1 {M/HrI'14./I.t't . . ORDINANCE NO. AN ORDINANCE AMENDING STll..LWATER CITY CODE BY ADDING PROVISIONS TO PROIllBIT GRAFFITI The CIty CouncIl of the CIty of StIllwater does ordam I Amendments The CIty Code IS amended to mclude the followmg provIsIons A ~38, Subd. lIS amended to include the followmg definItIon GraffitI means any 1I1lttals, marks, symbols, dCSlgns, mscnptlons or other drawmgs, scratched, pamted mscnbed or otherwISe affixed upon any structure WIthOut the permIssIon of the owner B ~38, Subd 2 (2) IS amended to mclude the followmg act or acts as a publIc nUIsance "hh" the creatIon of graffitI and the alCimg and abettIng of the creatIon of graffitI C ~52-16 entItled "Unlawful possessIon of sDray pamt contaIners" to read as follows. . Subd 1 Absent express pemnsslon by the owner or other person havmg control thereot: It IS unlawful for any person to possess m or upon any publIc or pnvate buIlding, facIlIty or property, any nonwater soluble spray or lIqUId pamt container or any other workIng deVIce contammg a nonwater soluble flUId whIch has a pamt brush or other applicatIon surface one half mch or greater, WIth mtent to use these pamts, flUIds, contaIner or devices to deface a buIldmg, facIlIty, or property " IT Savme:s In all other ways the Cllycode shall remam m full force and effect EffectIve Date TIns Ondmance shall be m full force and effect from and after Its passage and publIcatIon ill Enacted by the CIty CouncIl of the CIty of StIllwater this _ day of .1999 By Jay L Kunble, Mayor ATIEST . Morh Weldon, CIty Clerk , ? .' . . . Memorandum August 11, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles }I /' City Engineer i~ SUBJECT: RecommendatIon on Possible AppolOtees to the Browns Creek Watershed Distnct DISCUSSION: At the previous meetmg, the Council dIscussed the possIbilIty of makIng recommendatIons to the County Board concennng the appomtment of a new Browns Creek Watershed District member. Smce that tIme, staffhas learned from the chatrman of the BCWD that Jon Michaels intends to resIgn from his position, therefore the position is open. Two years ago Council recommended that Don Peterson be appomted, but the County Board dId not follow up on thIs recommendatIon. I have dISCUSSed the possIble appomtment with Mr. Peterson and he has mdlcated that he would be willing to serve on the Browns Creek Watershed Distnct. Mr. Peterson is currently m the position of a project manager for Mn/DOT. In this position, he IS fa.nnliar with the dealmgs WIth various levels of government agencies mcluding watershed dIstricts. Mr Peterson seems to share the City's philosophy regardmg watershed dIstricts and he does not see the need to necessanly create additional levels ofbureauacrocy in order to provide enVIrOnmental protectIon Mr Peterson will be submitting an application to the County Board and staff recommends that Council support Mr. Peterson's applicatIon m the form of a resolution. SB\T BY: 8- 5-89 ; 8:31A~ ; WASH cry ADMI~.'" 4308810;# 2/ 3 -- ~ > /; ~.~ .~~ '., -- -~:-- -, - --< ". J ' '/ ."~~ WASHINGTON COUNTY '. APPLICATION FOR APPOINTMENT TO WATERSHED DISTRICT . 'l,...,w" '~ C,...e.c. k. Watershed District INSTRUCTIONS Wnte the name oftl1e Watershed District you are applymg for In tho lIJ*Il above AlIlI:ppbcarrts WIll be Intcmcwed by the County lJOIrd of (;onmtlSlllOhCllL Pursuant to MN O1ap, 13. all JnfomUltlOn requellted, except .. Icknb lied on the bottom of the back af Ihlb f~tapu~tC~~ton (Plt/ase Print) IVAMHt -Pee. + ~ r :., ~ ~ ". I. 2 3 t.O,,-.:...1 c( 4- ADDRESS: 7 / J 0 /"'.tel D ~4 SItm TELEPHONE: "S I - "13q - 0 1710 H"",. 4. o)e. <<J~ 1'"", .s + 'I l( l,,-I tk- e...,.. '-'" MIII* ~ro.g 2- ~ Z., ~J 1-1/1f-~.~3g '1II1IIus MtJ IF YOU RBSIDB IN A TOWNSHIP,I'LBME UST r.IST EXPBRJBN('E, EDUCATION OR SXlLLS IlIAI YOU H.WU I'HAT WOllin RPI.ATI'\ TO TMB RESroNSJDIU11LS 01' A WATPRSHFn OISTRICl' MA!l^Gl!R. 1(1 r t; , :'7" ...,. .......,l.. C' U I I c ~ 't . II Co ~ r ..:<':> .,;00.:. -'_ ~o",:t-,.,..r ~_ '::.11.'-:' ~ ...""r . - ,.,...... ~ I b l._ -r:",,. ~ ......:,,... LI<:~ t::,..,~e..... c/ ~ ~o ~ 0 ,.. ~ 1"'\ ~,..... AVAIl,,\BIUTY, WOULDYOUDI:ADLtTOATTtNDROOULAIt WA'lIR'Hl<n or, fRIC'T MFFTINC"r::l ^"NOTAKP t\N AC'mo Il.KU~ON j'HE YOARDt>> MANAU~'? 'l~ s EtICmILITY: 00 YOU 1I0LO ANY llL~.I"') UI'Io1(:k, OR ANY APPOlliTPO PO, ICY.MAKINO POSnION wu H t'NS (,OllNTV, STA TP, OR FEDIlRAL OOVERNM!NT7 & IF SO. PLIlASn Dliscrcmr: OI{G4NI7,ATIONAL BXPERlENCB: I'LEASEDnscalDtANY bJt"'bM.lI~(:I' VUU HA VR IN RIIPPORTINO on OIRPMtNO ^ OOMMU'jbb. ASMX:JA110N, OOAIcD, COOI'EKA'I IV'.I,C:l)MMIS"IUN.C:! UR,OROTHBROltOUP, 0"" .::..4.,"':""7 CO...._/~'..... -f:,g,- .s+I"\IJ"t.J-V"'~ A-\.(.e.rz.... 1"'1"J'i Iko:;.'~ Cr-4~<.c... ~I"\ sf~"...)--4/ "'-;.J~.r 1.., ,.D5. I?o "2-d C,.......--I t.+~ ~ATURAL ReSOURo..""ES DACKOROUND' PUlASt: oc.~ra...ANV INvnl,Vp.MBNi ORSrSC'lAL INTnRIiST YOU HA vn HAil IN W A TP.R, ROil. P1SIl ANn \\1LDW'n, kECkI:.A'I'ION, nK (JrHJoIt IIIATURAL RESOURCBS ISSUIlS Ca", 4-... :L~ -4-<) M PC-Pr €..., ~ .,., CD _~'6 ( cJ. 1<,,-, ~ ~f- M_c- _I .::..L ..... l...t+- L~ .-n ,a...T- - 01') e... (;.t:- h-n f- +"......<<- s t/{--L. -f ,'0... c....-J-....,..,. ~ ''\.- 'J,.IJ . e . . SEl\'T BY: 4308810,# 3/ 3 8- 5-85 . 8:32AM ; WASH CTY ADMIN.- 1'ltASt DDSCRIDn YOUR IDEAS ADOur WHAT MANAGEMENT ACnvrrms NlUIDTO DC CA1UUtD our W1TR1N nt.. WA.l'I3RSHBD DISTRICT' ~4./"$ A ~ f :d- n e.-J- +.a. J" <!:. 0'1"\ S (.Nt .... to.. S Q ..,., -f='~4V~ 'S- +- ~ J L.c..............~ '1 ~..l ( " c ~ ..j l> U.J',., ........ ~ f"' ^ ~ Cl <..) -f-z:, ~ ro ;,z..-J- -i-A"'::" w Ji!/" ~ c.~ +-1 ~ t.L,..I he> ',~e.. w. f.--~],., +~LJJ-L".s~~.-H...<L::. W.o ......... -""~ ~ ~o-l) - J-e.... a Co.- -+ J c>. "-: ~ -e.; re.c......f-.'... ~ +1-.., > r~ ~ A v....-: ~ CLt . A-..s -I-J..L- tJJ> ,-s. I\..,.f- ~ eJe.~d l.o~j' Cs:>.........~ ^ 'S~.3L- ~ &..-b.,.,~ - -1- , ". 1 _I I + ' M"'-~'-- hi? l.\.S~()I(. ,~ -r-....(~ W.D:1 .ac.. ,.......,$. WHY WOULD YOU WANr 10 lIbK.VbAS A W Al'bRSHISD DISTRICT MANAGeR? S ~ r-t..,f . - A.. "----' F- I D ..... Co.. ,,~ .., . c....... .l. 6) -f'lL.- -' I.. 4/"11._ I A......, CL.. -f ~ /( --.Cl.....J" I e-i." .L .:;).,..........~ e...... "eo--- . I """f"I,- ....-.- L '":""''-t 2. '" ,.4.- L ""'- <"-'" .. <:.. no vou OWN 4~Y ('OMMKRC'IAIJINDlJo; I RIAl OR I)FtVPlllPARloR PROP~RTY IN THIS WATBRSH3D D:5TRICT'l M? AKk VOU A WARk 010 ANY ~'URKf.N I OK I'OIl\N IlAI. CC)NI'1JC:1 ~ O. IN 1'kN~ I' THA I VOU WllUI n kXl'bRIHN('.S If YOU AR.! Al'l'OI1'ITED AS ^ WA TEkSHlib DL~lUCT MAN.~I:R.? tI 0 Private Information Release Twa_ Nobn: III ICCOIclance:: wt'l1 the:: MlnllClo!a( lmtcnnnc:ntI,. Practicc::, Ae::t, Wumppcm County tsrequircd to infonnyou afyour nalltns tbcy (lCruuD to pnvacc Infonnaaon coli"," ft'om )'011 'Pl'Mlf,C: c1ata I~ CllJt Infnrmalloll wlllch It available:: UI)'OIl. butllOL to tho: public VOIJr IClcphonc number IS c.unllld\lf'C.d p-1nle llI1Umwbun flunusJuna your teJep1lone numbc::r Will allow Wasbqton CoUlIty to pub:uh dill UIfonnatlCn UllM WaslungtoD Count) Cormullct DlI'lI.!ur)' I. -:t::>o .......J.A. ~. q:> J- ....,....:; ~ ..., aulhlll'Ulll W..h1nskm Ctlllnl1la dllKlo-lhc f'llllnwinll inf'orn111tlon III 'he:: Wuhinsto'l ('uunly ("lIlnmlllce Oirc&.l&ory II1\d au pcrwn. who may n:quclltlhlll mFcll'l1llltinn C1V1lI' lJ111 phnnc Phone Numllcr' (, r / - Lf Jt:; -0 I 7 '0 lIonre (,..)(-7 7'f-S"o.1g DUIIIICSS ~ /g /~1' D.tc ~{~ Sipaturc RETURN THIS AP.PUCATJON TO, WASH!NOTON COUNTY Office of AdminllJtr"t1n" C'rovemment C'..enter 14949 62nd SlreC\ NUttb r.u Box6 srlUwater. MN S5082-0006 (651) 430-6014 -- . /j)oIA IV" ......" M /0 IWlIlIJI tJI" lIMpI/IlI ~ ,.. cIIfl4J(J-f(J()(} (TDD 4J9.JlJO) AN HQllAlllMI'I OYMI:.NI OPPCJR1VNlrr I Al'FJRMA'1lYE A.f:.71ON &WPwra 'C ~ . . . VALLEY CO-OP, INC. 215 N. WILUAMSTREET STIllWATER MN 55082 store (65I) 439 - 0366 1 fax (651) 439-9389 A COOPERATIVE NATURAL FOODS MARKET SINCE 1978 August 5, 1999 To Mayor Kimble and the City Council This year Valley Co-op celebrates Its 21st Anniversary! In order to say THANK YOU to the members, customers, and neighbors of the co-op who have supported us over the years, we would like to have a day of speCIal events In our parking lot These events will also serve to generate Interest and capital for our relocation project The "Big Tomato Fest n" w!1I last from 3pm until 6pm on Saturday, August 21st and could Include such activIties as another Salsa contest, food and sample tables, and musIc The greatest Inconvenience I see for our neighbors will be that our parking lot will be closed and parking would be diverted to the streets We already have the support of some of our neighbors and the entire neighborhood Will be heartily Invited to attend As per the request of Sue Fitzgerald, we are asking the Mayor and City Council to approve this celebration In our parking lot Please let us know at your earliest convenience so that we may move ahead with our planning We would like this to become an annual event for our store, at our current and future location, and understand that year-by-year approval might be necessary Thank you for your consideration and please JOin us on August 21st! In cooperation, 1tHl Lynn K atncla General Manager ~ .. \ ~ Peopt y.~~ ~ ~ OFFICERS MICHAEL W HoISl'EN p,...J...t C ANN BRooKMAN p.....J.n/ a.d vp.Cu..p,..,.. JAMES "Jw' BRADSHAW vp.c,(t./,.,."J.... KELLY SEMLER vp.CCHftlJllUlraJ,.. MARGARET II. HORNING tP 5....J ~LJ_ MARK S FIsHER s.....t..., ANN M CUSICK ~rrNJU.,..r A.....CHEN M STEIN ~p,...J...t BOARD MEMBERS TIM BAL.'lTAD ARBA-DELLA BECK JERRY BEEDLE JEAN M BERRY JOHN T HALL DAVID A HANSEN BILL HEANEY MARy HOLMBERG KATHLEEN J HORSCH KATHLEEN :t.{ACY JOHN A MARKERT CAROLYN MINOR JEFFREY J RoBERTSON ROBERT GRupP JAMES SCHUG .. LAWRENCE SEVERSON CHuCK TRYON LoRI WERRE GEMMA WILLIAMS ",t.f. m..../,.... JOHN BAiRD t('- LINDA S MOORE JC PFEIFFER LAURIE MAHER JOANNE HONSVALL-BERG SHERYL E-MARsHALL ce., 8'!'7/Q7 ST. CROIX AREA UNITED WAY POBOX 305 . STILLWATER, MN 55082..()305 . 651/439-3838 . FAX 651/439-8487 e-maIl uwstcrOl@Jll:eSsenter com - 1 11))1\ ;g (9@G\\!' ~ > I I, -.-------- . . I . ' , AUG , I 1999 Dear St. CroIX Area Community Leader: . \- -- - - . ~- - Over the past few years we have begun to develop a -great traditIon: gathering together over breakfast to launch the An!tual United Way Campaign. In additIon to bringmg energy and VISIbIlIty to the Important United Way effort, the event has served to reinforce a vItal and unIque population of CItIZens dedicated to ensuring a VIbrant qualIty of life for all of us lucky enough to locate our families and our busmesses here. Thanks to each of you who have partIcipated in past "kIck-off" breakfasts; if you have not had the opportUnIty before, we hope to see you this year - and I hope you will join me in purchasmg a table, or enough tIckets to host your key managers and customers' I am very pleased to announce that this year's event WIll feature Tad Piper, chairman of the board and chief executive officer of US. Bancorp PIper Jaffray. Under Tad's leadership, Piper Jaffray has been a strong corporate citizen in ''the Valley" for years. We look fOlward to welcomIng him and heanng from hlDl the perspectives of a business executIve who has made community Involvement an Integral part of the culture and reputation of his successful company Here, then, are the event speCIfics: Wednesday, September 8 7:30 a.m. - 9:00 a.m. The Grand Banquet Room, 301 South Second Street, Stillwater, MN Tickets are $15 (or $150 for II designated table of eIght, with Identification as Breakfast Sponsor in our program and publicity) I SIncerely encourage you to make every attempt to support the fall UnIted Way Campaign WIth attendance at thIS inspmng event Call the United Way office at (651) 439-3838 to claIm your table, or register on the attached fonn - we'11 also be follOWIng up WIth you In the next few weeks to fInalIZe our attendance. ~Inlce ly, I ,.~,-:\JI v-h~ · I l.}-/ Kathy Tunh PreSIdent & CEO, Tunhelm Santnzos Company Breakfast Event CommIttee , . . . , ::'\ . c: (r'- \'::l:S ~ I~- I')' - .!: AUG-~ /9S9 Minnesota Deputy Registrar's Associatjon ~ DATE: August 2, 1999 TO: CIty Admlmstrator FROM: E L Woulfe, Bloommgton Deputy !OJ?: '\ MDRA Board Member ~f>> RE: Fee Increase for Deputy RegIstrars The pnmary legIslatIve objectIve of the MInnesota Deputy RegIstrars AssocIatIon (MORA) for the 2000 seSSIon WIll be to achIeve approval of a fee Increase for deputy regIstrars The MDRA IS keenly aware that WIthout a fee Increase, many deputy regIstrars could close theIr offices and many publIc deputy regIstrar offices will contInue to be subSIdIzed by the property tax system As a CIty WIth a deputy registrar, you must also be aware that the current fee of $3 50 IS too low to support most deputy offices In order to educate the legIslature about the need for thIS IOcrease, It WIll be helpful If we obtaIn the support of as many entItIes as pOSSIble For that reason, the MDRA would greatly apprecIate adoptIon of the enclosed resolutIon by your CIty councIl at your next meetIng If your board does adopt thIs resolutIOn, please send a SIgned copy to me 10 the enclosed envelope If you have any questIons about thIS resolutIon, or the fee Increase Issue, please feel free to call me at (612) 948-3925 or MDRA's legIslatIve consultant, Bob Renner, at (651) 228-9757 Thank you for your assIstance cc Deputy RegIstrar RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS WHEREAS, the State of Mmnesota establIshed a publIc/pnvate deputy regIstrar system to prOVIde cItIzens convement locatIons to conduct tItle regIstratIon servIces for motor vehIcles and DNR recreatIOnal vehIcles, and, WHEREAS, the State of MInnesota In 1949 establIshed a user servIce fee on motor vehIcle transactIons to be retamed by the deputy regIstrar to defray the cost of provldlOg the local . servIce, and, WHEREAS, smce 1983, the user servIce fee for motor vehIcle transactIOns has had only one Increase of$O 25m 1989 Since 1989, the consumer pnce Index has IOcreased by more than 30% and the mInimum wage has IOcreased 41 %, and, WHEREAS, the deputy registrar admtmstratlve fee IS a user fee that should fully support the cost of prOVIding motor vehIcle transactIons, and, WHEREAS, the user servIce fee no longer covers the operatIonal costs to maIntaIn most deputy regIstrar offices Public deputy regIstrars must use property tax levy to SUbSIdIze thIs servIce. Rural areas WIth lower volumes are 10 Jeopardy of lOSIng servIce NOW, THEREFORE, BE IT RESOLVED that supports and recommends a user servIce fee mcrease m the year 2000 to mamtaIn local tItle and regIstration service to the citIzens of Mmnesota. . BE IT FURTHER RESOLVED that further recommends that the legIslature prOVIdes for future user servIce fee mcreases based on an acceptable economIc IOdlcator Passed and adopted thIS day of ,1999 Mayor ATTEST Secretary to the CounCIl . , , . Memo FYI DATE: August 13, 1999 TO: Mayor and CIty Council Chantell~ AdminIstratIve AssistantlPersonnel Coordinator FROM: RE: Y2k Open Forum A PublIc Open Forum on Y2k Personal Preparedness WIll be held on August 24, 1999 at 7:00 p.m. in the Council Chamben. . Durmg the Open Forum, a presentatIOn WIll be gIven on Y2k & Fannly Preparedness, along with updates from the Police, Frre, PublIc Works and Water Board Departments on the progress of the CIty ofSttllwater's Y2k Efforts concennng essentIal services. The goal of this Open Forum is to descnbe the Y2k problem and some of the Issues surrounding it Most Importantly, we hope to dispel some of the myths surrounding tlns issue. Attached IS the agenda for the Open Forum for your informatIon. Y2K10PEN FORUM MEMOCC 08-17-1999 . Y2k OPEN FORUM . AUGUST 24, 1999 7:00 P.M. AGENDA I IntroductIon and OvervIew of Agenda II PresentatIon by Tma Folch FreIermuth on Personal and Fannly Y2k Preparedness A QuestIon and Answer SeSSIon Short Break III CIty Department PresentatIons A Pohce Department . B Fife Department C Water Board D Pubhc Works . MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION 619 SECOND STREET HUDSON, WISCONSIN 54016.1576 flit FAX: 715.386.9571 EMAIL: mwbac@mwbac.state.WI.us WI Telephone 715.386.9444 August 4, 1999 Jay KImble Mayor City of StIllwater 216 North Fourth St StIllwater MN 55082 RE. SpecIal Jomt meetIng Dear Mayor KImble. In recent months the State of Minnesota has fully funded the contInuatIon of the Mmnesota- Wisconsin Boundary Area Conumsslon (MWBAC). The State of Wisconsin has yet to pass Its budget. MeanwhIle, It is apparent that a number of elected officials and other people associated with the St. Croix and MiSSISSippi Rivers have some reservations about the MWBAC and some have indicated that an exammation of its future role is 10 order. . The MWBAC has an oblIgatIon to hear any reservations and critIcisms--as well as prmse--of our Governors, LegIslators and mterested groups and citIzens. Wlthm the confmes of the bi-state compact, the MWBAC has expressed a wIllIngness to re-examine ItS poliCIes, programs and practIces, and to instItute modificatIons If It concludes that they would better reflect the publIc mandate. Accordingly, we have scheduled an August 23rd public meeting at the St. James Hotel in Red Wing, Minnesota, starting at 7:00 pm, for a discussion of the future of the MWBAC. We smcerely mvite you to attend this meetIng, but if that IS not possible we urge you to send a representatIve or submit your COIIh'1lCnts and recoIIh'1lendatlons in wntIng. Vie neec ycur fortlh"1ght vIews about the MWBAC We have heard comments that the MWBAC duplicates efforts of others and ItS dutIes should be assumed by some other organization. We believe that such Ideas should be brought to our attentIon for dIscussion. The MWBAC has a long hIStOry of gathenng facts, assemblIng IOformatIon on both sides of a question, and then actIng with due delIberatIon on the Issues. We VIew thIS questIon m that same lIght. . PolItIcal sentIments, public opimon and prioritIes, ideals, and agendas change over tIme, and 10 a Democracy we have the pnvIlege of working through these changes peaceably, rationally, and faIrly. However, the necessIty and desirabilIty of cooperatIon between our two states on its outstandmg boundary nvers will not change. If we abandon the compact, we WIll be destrOYlOg a partnerslup that has served our states well and has been the envy of other states. If we make any changes that are appropriate m an orderly manner, we move our states into the next century WIth a stronger partnerslup mtact. Serving our sponsor states on the St Croix and Mississippi rivers since 1965 For example, we InVIte answers to questIons such as' Is the MWBAC neglectIng any mandate? Does the MWBAC have posItIons or recommendatIons that should be revIsed? Are there other Issues the MWBAC should take up? Should the MWBAC reorder Its pnontIes? Agam, we InVIte you to partICIpate or commumcate WIth us In the August 23rd JOInt MeetIng of the MWBAC LegIslatIve AdVISOrs and the ComnusslOners. We hope to hear any specific concerns or suggestIons you may have, along WIth those of others who are comnutted to cooperatIve management of our two great nvers WhICh are such sIgnificant natural resources for our states J:~. ~~ ComnusslOner JIm FitzpatrIck, ChaIr MN- WI Boundary Area Comnussion HastIngs, Minnesota ComnusslOner Bob Mullally, VIce-ChaIr MN- WI Boundary Area Comnusslon Onalaska, WisconSIn ~~ Senator Jane Krentz MWBAC LegIslatIve AdVISOry Comnuttee State of MInnesota Senator AlIce ClaUSIng MWBAC LegIslatIve AdVISOry COmmIttee State of WIsconsIn Enclosure: MWBAC Brochure . . . . COMMISSIONERS Ten Comnussloners, five from each state, are appointed by the governors of MInnesota and WISconsin Two legulanve adVISory comrmttees (one In each state) adVIse the COmrmSS10n and asSISt In Its work. Occasionally, the ComrmsS1on forms and coordmates comuuttees and work groups to address speClalIssues and foster Interagency cooperanon. MINNESOTA WISCONSIN Suzanne Blue Vacant Red Wing Steve Delapp William Howe Lake Elmo Pralne du Chien Jim Fitzpalnck Robert MuHa/1y Hashngs Onalaska Robin Grawe Wayne Tomfohrde Winona Osceola Judy Kinkead Gerald Tyler St paul Amery COMMISSION STAFF Buck Mallek, Execuhve Director Jim Hamson, PubliC Affairs Director Rose Hemcks, Office Manager Jessie Meschlevltz, Secretary IT WAS CREATED BECAUSE;:: ! In the early 1960s, a pubhc controvc:rsy arose over the future use, development and protec- tion of the St CroIX RIver valley on the Minnesota-WisconsIn border. The mam lSSUe was a proposal to build a large coal- fired power plant on the Mmnesota shore near Snllwater. Efforts to evaluate this pro- Ject through a cooperatlve, bI-State task force fiuled; pcrm.lts were granted, and the plant was boot. However, the governOIS and legIS- latures of both states, who had fdt intense pressures of pubhc concern on this project, reahzed that the St. Croix and the MIssissiPPI were pnme areas for other use confhcts m the future. - - ....!,. IT WAS FORMED ;:: .. In 1965. Both states enacted a special mter- state compact (MInnesota Statutes, Sec. 1.31; WISCOnsm Statutes, Sec.14 82) to pro- mote cooperatlVC adminIstratlon and man- agement of the 266 m1lcs of thClf shared border. In this lustonc agreement, the states pledged to work together for "the purpose of present and future protecuon, use and devel- opment m the public interest, of the bound- ary lands, mer valleys, and watcIS coinpns- fig the boundanes." A speaal coordmapng body for tlus partnersmp was acated through the compact: The Minnesota- WlSCODSJD Boundary Area. Comnussion. . ~ For ~re !nfoFahon a~ the Minnesota- .. Wisconsin Boundary AretJ Commission and Its programs, wrIte or call MN-WI Boundary Area Commission 619 Second St. - - Hudson, WI .- '" Pnnted on Recycled Paper 12/98 . MINNESOTA WISCONSIN BOUNDARY AREA COMMISSION """"" """"" 1..... .of. ,,:- rn A BI-STATE SERVICE AGENCY - ~ FOCUSing full-tIme attention on the St CroiX and MISSISSippi River valleys ~ Representing the publiC Interest by condudlng studies and helping to coordinate publiC management progroms Within the boundary watershed . I / , , THREE PRIMARY MANDATES UNDER THE COMPAa OF 1965 z: l) To conduct mdepcndent stuches and make recommendations to the appropnate agenCIes on proposed plans, pohae5, development proposals, unUorm laws, pubhc management, conservation efforts, and all uses of nver comdor waterS and lands, !) To hdp coordmate the stuches, conservation efforts and plannmg of fedenU, state, and local authonbes m the mterstate border regton, and I) To lISS1St the states m thc:Jr partlClpatlon m federal mer programs ihis means that the Commission ;trives to help determine the most ,eneficial and practicable plans for: ~ Jomt regtonal dcvdopment of boundary areas, . NaVIgabon, mcludmg pubhc access to waters, . Dams and unprovcments for flood control and mdustry; - Agnculture, - F 15h and W1ldhfe, - Rcacabon, mcludmg protecoog natw'lll, SCCD1C and other cultural resources, - The development of housmg, commerce and mdustry; - Control of:ur and water pollution, and - Any other benefiaal pubhc purposes . ~ rHE C.o.MM'SS'ON SERVES~ THE Beautiful ST. CROIX RIvER forms the Mmnesota-W15consm border for 127 nules of Jts 164-nule length. The enttre nver JS now part of the National W1ld and Sccmc R1vcrs Sysn:m wluch pCOVldes for speo.al protection of the lands and waterS of the nver valley under kdeml, state, and 1dcaI management. >. THE MIGHTY MISSISSIPPI RMR compnses 139 nu1es of the mteiitate boundary from the mouth of the St. Croa Rtver at Prescott, WJSCODSm to the Mmnesota-Iowa border The Upper MuusSJpPJ R.tver JS the only mland over m the Umted States de51gnated by Congress as both a National F15h and WJldhfe Refuge Systcn1 and a Federa11nland Waterway The (lII111lIlSSlClIl serve area IS !be m1ers1D1e mmdor wDlers ond lands along lhe MISSISSippi and 51 CrOIX Ibvers. .,. MANY UNITS OF GOVERNMENT: . 19 counties . Over 50 mumapahnes . 5 regIonal plannmg and development COmmJSSJons OUTSTANDING RECREAnONAL OpPORlVNmES: 14 State Parks 4 State Forests . The Great R.tver Road scemc parkway . More than 40 mannas 8 slamg opcranons 10005 of acres and feder2l and state W1ldhfe refuges and pubhc hunting grounds CRIl1CAL ENERGY AND TRANSPORT AnON SYSTEMS: . FedeIa1.ly-mamtamed 9-foot naVIgational cbannd on wluch 15 earned nulhons of tons of coal, petroleum, fernhzeIs, gr.uns and other commochtles annually . 6 mllJor dectnc generating plants . Key raJiroads and lnghways . TO FULFILL ITS MISSION THE COMMISSION WILL ~ ~ Help develop a comprehensJve rcaeatlon use management plan for the nvers ~ Implement a project to rebwld local government and landowner steward- shIp m the St Croix IUvcr watershed ~ Promote further unprovements m nver water quahty ~ Evaluate and promote umform standards for bOWldary nvers uses ~ Asmt m resolutlon of the Stillwater- Houlton bndge crossmg ISSUes ~ Foster safe nver recreatIonal boatmg and use ~ Promote full-~e state management on the St. CroIX Rtver ~ Support Natlonal Park SerVIce research needs on the St CroIX NatIonal Scernc Rtverways =ACH'EVEMENrs= The COmmJSSJon has had a SJgmficant role m the development and unplementatlon of ten master plans for the boundary lands and waterS Its JDJtlanves have fostered 1) the first coordmated hazardous spills 5) an accderated combmed sewer overflow; response plan on the nvers, 2) the precedent-settmg great nver study; 3) federaJ/state mer management partnershIps, 4) a wdl-orgamzed pubhc parnapatlon program, 6) maeasmg feder2l support for cntIcal over programs, and cleanup m the TVVlIl CIties, 7) a comprehenslVC recreational planrung effort ~ Metropolitan Council ~ Workzng for the Region, Plannzng for the Future e August 6, 1999 Jay KImble Mayor, CIty Of StIllwater 2164th St N StIllwater, MN 55082-4898 Dear Mayor KImble The MetropolItan Counctl would lIke to make you aware of an upcommg land use and deSIgn study for commumtles m or near the Stlllwater Bndge/HIghway 36 comdor Wlule the offiCIal announcement of thIS study WIll be made on Tuesday, August 10, I wanted to make you aware OfthIS study, along WIth some detatl, m advance I also want to encourage your local unIt of government's actIve partIcIpatIon We antIcIpate havmg the consultant begm workmg on thIs study by the end of thIs month. A new bndge m the S1. CrOIX RIver Valley WIll by Itself not cause growth A new bndge, however, may accelerate growth and, to some degree, alter the land use patterns and demands m the HIghway 36/Stlllwater bndge comdor TIns study, wlnch WIll be developed by Calthorpe ASSOCIates of Berkeley, CalIfornIa, worlang WIth local communltles, WIll focus on accommodatlng growth and development from a land use perspectlve rather than solely from a transportatIon perspectlve Its aIm WIll be to provIde local governments WIth examples of sIte development plans, so that they WIll be better eqUIpped to make land use deCISIons that local governments WIll face as a result of transportatIOn nnprovements m thIS comdor . ThIs study WIll use both a publIc workshop and a stakeholders workshop to help local unItS of government dISCUSS the fundamental Issue of how your communItIes should grow or develop along thIS hIghway comdor I want to strongly encourage your commumty to partIcIpate In these workshops We WIll prOVIde you fmdmgs and recommendatIons before the end of thIS year Please help us work m partnershIp to prepare for future development deCISIOns that all of us WIll be facmg as our portIon of the regIOn contInues to grow I also want to mentIon two thmgs that thIS study WIll not dISCUSS FIrst, thIS study assumes a new bndge WIll be butlt Therefore, this study will not reexamine the need for a bridge, its location, or other factors already addressed on the bridge issue. Second, thIS study WIll work to complement the HIghway 36 Comdor Access Plannmg Study recently begun under a Jomt powers agreement between Washmgton County and MnlDOT ThIs access study IS fOCUSIng on traffic management Improvements, whIle thIS new study that we are announcmg on August 10 WIll focus on how to layout land uses consIstent WIth smart growth and good urban deSIgn pnnclples If you have any questIons about the study, or for that matter any other MetropolItan CouncIl Issue, please do not heSItate to call me (651-430-3515) The pnnclpal staff contact for thIS proJect, Bob Mazanec, may be contacted at 651-603-1330 Let's plan together to prepare for our future development needs Smcerely, fY)atc, H-u~rvtU~ Marc HugunIn MetropolItan CouncIl Member - DIstrIct 12 . cc NIle Knesel, CIty AdmInIstrator Steve Russell, Commumty Development DIrector 230 East Fifth Street St Paul Mmnesota 55101-1626 (651) 602-1000 Fax: 602-1550 An Equal OpportunrhJ Employer TDD/TIY 291-0904 Metro Info Lme 602-'888 Ouq & \ \ t{L{~ \Jf) ~l ~9~r I ~t[(;mh1L~J \-D ~ ~ Ci) \tv \,~J L,t,~ ~L~JJr, ~ ALl ~LV~ G~\{ ~ ~\tliavA lY\ \k Jifh, ~ -tk J~c. '-'~? V)fQ^ ~\ t~ ~ . cL~ ,rUt --jC~A. ~ fDllu~ . CtN '~ ~J(Ll q lb( L~{YLi~Aff-J~1f ~'\&l~~~~G~ I 7'-{ 1~ <S--h llLu~ . . . . . 15 . BROWN'S CREEK WATERSHED DISTRICT 1825 Curve Crest Blvd. Stillwater MN 55082 Tel: 651-430-8300 FAX: 651-430-6819 Agenda August 9,1999 1 Call to Order @ 6 30 PM NOTE. To all managers, engmeenng, legal and admmlstratIve support staff, please be prepared for a detaIled workshop and dIscussIon of the 2000 Budget at our next scheduled meetIng, August 23, 1999 2 AdoptIon of Agenda 3 Mmutes of July 26, 1999 MeetIng 4 Treasurer's Report (Gordon) 5. KIsmet Basm Status Report a. Landowner meetIng, (OhVler) b Easement Issues WIth W. Johnson (SmIth) c Wetland defimtIon Issues (DeMars) d Challenge Grant Agreement approval, If avaIlable Report on status of rules reVIew WIth CIty of StIllwater (LeIser) 7 Second GeneratIon Plan, ReVIew of Status ofPlannmg process (Emmons) a CAC reVIew and comments (potter) 8 THPP Status ReVIew a WorkIng easements and permIts (DeMars) b WIthrow Ballroom addltton to wetland development(DeMars) c Response letter to Cratg and Marsha DeWolf (SmIth) 9 Plats and plans for reVIew (Doneux) 10 1999 Momtonng Program, Status reVIew (Doneux) 11 Old busmess 12 New busmess 13 Adjournment to executIve sessIon 14 Return to general seSSIOn Adjournment Board Meetmgs are held on the 2nd and 4th Mondays at 630 pm. at 1825 Curve Crest Boulevard, StIllwater, MN Managers: Craig Leiser, Pres . Karen Kllberg, VP . Jon Michels, Secy · E J Gordon, Treas · Damel Potter Minutes of Meeting Brown's Creek Watershed District July 12, 1999 I . . I Approved Agenda Item #1-Call meeting to order CraIg LeIser, PresIdent, called the meetlOg to order at 642 p m In Attendance: BCWD Board of Managers CraIg LeIser, PresIdent Dan Potter Ned Gordon, Treasurer Absent Jon Mlchels, Secretary Karen Kilberg, VIce President Agenda Item #2-Revise or confirm agenda for evening Treasurer's Report to precede Agenda #4 CraIg LeIser requested Srmth Parker have a copy of the by-laws aVaIlable at each meetIng henceforth Agenda Item #3-Reading of Minutes from June 28, 1999 meeting . Ned Gordon moved, Dan Potter seconded to accept the June 28, 1999 mmutes as presented. Mohon camed Agenda Item #4-Workshop on the BCWD Year 2000 Budget 1 Ned Gordon presented the treasurer's report. Total amount dtsbursed-$52,773.28. Need to follow-up to see lfmmutes for May 3, 24 and June 7 have been received before lSSwng check to Kim Reeves The treasurer's report WIll be amended to read, fees for KIm Reeves should be for the dates of May 3, 24, and June 7, not May 15. Ned Gordon moved, Dan Potter seconded, to accept the treasurer's report as amended and to pay the outstanding bIlls. Mohon camed 2 Budget Workshop First Component of Workshop DIscussIon followed on the BC year 2000 budget. Ned Gordon presented the budget report he had prepared for the workshop dIscussIon Comments . CraIg LeIser stated the books need to be audIted for year ended 12/98 and would lIke tlus done pnor to the October meetlOg He asked Ned Gordon to get a couple of eshmates from lIcensed and bonded CP As or CPA firms . Ned Gordon feels the loan to the County for $75,00000 plus the mterest of $3,750.00 should . be repaId One half of the loan would be patd at thts tIme and the other one half at the second budget dIstrIbutIon. ThIs will be presented 10 the form of a motIon later 10 thIS meetlOg or another meetIng 1 . . . · Would lIke to Improve upon the BCWD newsletter and designate funds for It. · CraIg LeIser asked, IS the postage the SWCD charges for maIl10gs 10cluded 10 the postage figure stated 10 the budget? Answer was, "it IS not." The postage for those mailings are 10cluded on the SWCD's monthly mvoice to BCWD · Ned Gordon feels legal fees should be mcreased 10 the year 2000 budget to cover increased project and program actIvity. · DIscussed haVlDg a carryover reserve at year end 2nd Component of Workshop Comments Ned Gordon turned the workshop back to the Board. Ideas for new projects were dIscussed. Some of the budget does reflect monies projected for some projects which are now in place The KIsmet Basm ProJect has no designated funds-how IS it going to be funded-It needs to be done-could pOSSIbly get a grant for one-half of It. Need to set pnontIes on projects-need estunated completion dates and costs. Need to complete the TIiPP project. Some momes are 10 this year's budget for this project NothIng 10 was in the budget for bum pIt Some monies slated for BWSR related projects, Second Generation Plan Project and monitoring proJects. The CAe would hke to see more community educatIon, outreach and involvement-would need to budget momes for this Ned Gordon needs to meet WIth EOR and Mark Doneux to go over these proJects and pnoritIze them for budgetIng purposes. MeetIng recessed for short break at 8:00 p.m. Meeting reconvened at 8: lOp m . Agenda Item #5-Workshop-Project Financing Guidelines Agenda Item #5 was tabled until all of the board members could be present Agenda Item #6-Status update and finalization of revised rules Cratg LeIser updated the Board on the reVIsed rules process and referred to the summary, "responses to BCWD's proposed rules and regulatIons," whtch was sent out on June 14 to agencIes, CItIes and other cItIzens. Dan Potter motIoned, Ned Gordon seconded, to authonze EOR to identIfy whtch comments need a response and compIle the InformatIon receIved, 10 the form of a report. Motion camed. EOR WIll prepare and dlstnbute the report to all persons who responded. 2 Agenda Item #7-Status Update on THPP Project CraIg LeIser asked If a letter went out to the property owners, spellIng out the easement . reqUIrements Chuck Holtman stated that a letter had gone out to the DeWolfs and to the Luecks. Tony DeMars & Stu Grubb from EOR updated the Board on the THPP and went through the summary memorandum wluch was In the board packet DISCUSSIon followed. Dan Potter motIoned, Ned Gordon seconded, to authonze EOR to do the additIOnal work as dIscussed, which Includes soIl bonngs wltht.n the potentIal frInge wetland areas around GoggInS and School SectIon Lakes. Stu Grubb updated the Board on the status of the bum pIt project Chuck Holtman commented on several Issues stated In the letter wluch was sent to the CIty of Hugo and Cr31g and Marsha DeWolf. CraIg LeIser commented on the table showing peak flow rates. HIS concerns are that the table IS an estunate, and he wants EOR to go out to the sIte and get actual cross-sectIons to detenmne more accurate easement dimensIOns. To accomplish thts, would mean the DeWolfs allOWIng EOR to access their property. Any and all changes will be in the form of a letter sent to be the DeWolfs Agenda Item #8-Status Update on Kismet Basin CecIlio OlIver, EOR., updated and referred to the summary memorandum wluch was included In the Board packet QuestIon was asked If BCWD can transfer one-half acre of wetland credit for . BIll Johnson's personal use Attorney needs to research statute concerning tht.s. Cr31g LeIser stated he would recommend defemng actIon on thts Issue untll the next Board meetIng or untIl full Board would be present. Agenda Item #9-Plans and plats for review The follOWIng plans and plats were presented for review: North Lakes Community Church Development ReVIew Oak Park HeIghts ComprehensIve Plan Update LIberty on the Lake- Wet1and Replacement Plan Agenda Item #10-Communications The Board reVIewed commumcatIons whIch were Included m the board packet Agenda Item ill-Old Business Dan Potter updated the Board on the CAC meetIng whIch was held on July 6. The CAC cOmIntttee would like to purchase bInders to have by the July 20th meetmg Cr31g LeIser authonzed the SWCD to purchase 12 two lOch blOders Several applIcants have expressed a deSIre to serve on the CAC Dan Potter WIll get the final venficatlon of the applicants selected and bnng those names to the next BCWD board meetIng. . 3 . . . Other Old BuslOess: Ned Gordon moved, that BCWD does not waIve the monetary lImIts on municIpal tort liablhty as established by Minnesota Statutes 466.04. Dan Potter seconded the motion. Motion carried. Ian Arndt, Secretary for the Washington SWCD, asked BCWD to purchase envelopes WIth the BCWD's return address printed on them. Ned Gordon wllllook IOto gettIng thiS done. Agenda Item #l2-New Business The Board expressed concern on how to address absenteeism of Board Managers. It was decided to revIew the by-laws and if necessary, develop a policy to address thIs Issue. MInute talang-BCWD needs to concentrate more effort on hmng a secretary to take Board mInutes. EaR volunteered theIr secretary to take Board mInutes for the next meetIng The next meeting of the BCWD Board will be held on Iuly 26, 1999 6:30 p.m. in the SWCD conference room in the lower level. Meeting recessed and convened to the executIve session at 10:40. The executive session has been called to discuss issues regarding easement negotiatIons and potential condemnation of THPP. Respectively submitted c-l. J ~ I:: ~Vf'/ ActIng RecordIng Secretary 4 - WASHINGTON COUNTY D.n.... C. H.gberg DI.u.ct 1 Bill Pulkrabek Dlstnet 2 W.Uy Abrahllm.an DIstrict 3/ChIIlr Myra P81.non DI.u.ct 4 DICk Steffan! Dastnc:t 5 IIlD 'Ii ~~ 1 150 AslhnGTon coUJf1'__, YDlsor PIlIGIISS 8' SmJU. COUNTY BOARD AGENDA AUGUST 17, 1999,9:00 A.M. 8 9 10 1 2 3 900 900 Roll Call Consent Calendar Community Services Department - D Papm, DIrector Prebmmary Copy of the 2000-2001 Commumty SOCIal ServIces Act Plan and Mental Health Act Plan Transportation and Physical Development - D Wisniewsla, DIrector DecisIons Related to the Jomt Woodbmy Llbrary/Woodbury Central Park, LIcense Center and Current Library Building General Administration - J Schug, County Adnnmstrator Discussion from the Audience Vr.nt01'3 may shtJTll therr co"cerns WIth the Cmmty BoanJ ofCommlSSlo"en 0" any Item "ot 0" the agenda. The Chmr Will dlTf!:ct the Cormty .Ad1l1l1llslrator to prepare 7CS[J01IS&'J to your co"cerns You tJTIl encouraged "ot to be repetltlous of prevlOUS speaken and to 11mlt your addreu to fiw ml1JUIa. Commissioner Reports - Comments - Questions Thl3 period of tlme shall be used by the Comrm.moners to rqwrt to the fUll Board 0" COm1lllttee actnnhes, make comments 0" mallen of ",terest and mformanoll, or 1'fUSe qu&'Jh01lS to the surj[ Thl3 actlo" 13 "ot mte"ded to result m substant,,"e board actlo" dun"g tlus hme .Any adlO1l "ecesst:l1'Y because of dl3CUSSlO" WIll be scheduled for a future board meetl1lg Board Correspondence Adjourn Board Workshop with Office of Administration 2000 Budget Department Hearings - Shenff, Court ServIces, Attorney, University of MN ExtensIon, Histoncal SOCIety, Agncultural Society, Soil and Water ConservatIon DIStrict and LIbrary (A lunch break will be taken after Court Services' presentation) ************************************************************ 4 9 10 Reminder: No Board Meeting August 31, 1999 - sua Tuesday Date 5 6 1030 1040 MEETING NOTICES Committee Time LocatIon 1050 11 00 to 300 ugust 16 St. CrOIx RIver CrOSSIng Plan RevIew t 17 HRA Board Meetmg t 17 Public Health Advisory Comrmttee ugust 18 Plat CommiSSIon August 18 TransportatIon AdVISory Board August 19 Workforce Counctl 1 00 p.m TransportatIon North Shop-11660 Myeron Road 4.30 p.m 321 Broadway - St Paul Park 5 30 p.rn WashIngton County Government Center 9 30 a.m Washmgton County Government Center 2 00 p.rn 230 E 5111 St - Mears Park Centre 8 00 a.m WashIngton County Government Center Aa",tJ"" liatenmg de"lt:e$ .,e .".... fa, U$e In ",. Caunry Ba.nI Raam If ~au need _lIIt"".,e due ltI dlll.~ a' ~u~e b.",., ..JI..lease t:.1I43~6000 (TDD 439-322Q) EuUAL EMPLOYMENT OPPORTUMTy I AFFIHMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 17, 1999 . The follOWIng Items are presented for Board approvalladoptIon DEPARTMENT/AGENCY AdmrmstratIon Assessment, Taxpayer ServIces & D ElectIons CommumtyServIces F TransportatIon and PhysIcal Dev G ITEM A Approval of the August 3 and 10, 1999 Board meetIng mmutes B Approval of staff comments on the CIty of Brrchwood draft ComprehenSIve Plan C Approval of staff comments on the CIty of Mahtomedi draft Comprehensive Plan Approval of one day, on sale 3 2 percent malt liquor hcense for Scand1a Taco Daze, September 11, 1999, for the Scand1a Marine Lions Club E Approval of one day, on sale 3 2 percent malt hquor hcense for 3rd Annual Camp Courage benefit to be held at the Scand1a Plaza, Scand1a, Minnesota Approval to submIt grant apphcatIons to the Department of Human S:9 as follows Home and Commumty-Based Wmvered ServIces, Suppo EmanCIpatIon and LIVIng FunctIOnally, ChIldren's Mental Health Grants, an Child Care AsSIstance Program Approval of resolutIon authonzmg the DIrector of TransportatIon and PhYSIcal Development to request that the Conumssloner of the Mmnesota Department of TransportatIon perform a study to detennme the reasonable and safe constructIon speed lmnt for CSAH 19 between HIdden Lake Dnve and Hudson Road H Approval of resolution authonzlDg the Qlrector of TransportatIon and PhYSIcal Development to estabhsh a one hour parkIng zone adjacent to 305 StIllwater Road (CSAH 12) In WIllenue .Consent Calendar Items are generally defined as Items of routine bUSiness, not requInng dISCUSSIOn, and approved In one vote CommISSIOners may elect to pull a Consent Calendar rtem(s) for dISCUSSIon and/or separate actIon . WASHINGTON COUNTY == tt:1lI4S I ~ ~'#. ~ is:i!~ ] AslllnGTon colJlff o YDIls or PROliIESS 8' SEKVIcE 1 900 2 920 3 930 4 1005 . 5 10 15 6 7 8 9 1030 1030 to 200 . COUNTY BOARD AGENDA AUGUST 10, 1999,9:00 A.M. Washington County Regional Rall Authority Convenes Denn.s C Hegberg D,stnct 1 Bin Pulkrabek Dlstnct 2 Wally Abrahamson DUdnct 3/Cha.r Myra Peterson D.stnct 4 Dick Stafford Dlstnct 5 A Roll Call B Approval of RRA Minutes -of Apnl 6, 1999 C Support for Federal AppropnatIon of Funds for Planmng of the TWIO CItIes TransItways D ReVIew Plannmg for RaIl TransIt Comdors and Propose Work Plans for 2000 Washington County Board of Commissioners Convenes Roll Call Consent Calendar Transportation and Physical Development - D Wismewskt, DIrector A HInton A venue/T ower Dnve EnVIronmental Assessment B ReVIew Jomt Woodbury L1brary/Woodbwy Indoor Park SchematIc DeSIgn to Include Woodbury LIcense Center General Administration - J Schug, County Admlmstrator Metropohtan CouncIl Land Use Impact Study - Marc Hugunm, Met CouncIl Discussion from the Audience VlSlton mav share thezr concerns wzth the County Boarri ofComnu.sszonen on any ztem not on the agenda. The Chazr WIll dzrect the County AdminIStrator to prepare respo1lSes to your concerns You are encouraged not to be repetltzous of prevrous spea/am; and to llmlt your address to fiw minutes Commissioner Reports - COlnments - Questions ThIs penod of tzme shall be used by the CommlSszonen to report to the full Board on commzttee actzvltze.s. make comments on matters of rnterest and Infomratzon. or raISe questzons to the staff ThIS actzon IS not mtended to result rn substantzve board aclzon dunng thIS tIme Any actzon necessary because of dISCUSSIon wzll be scheduled for a future boarri meetmg Board Correspondence Adjourn Board Workshop with Office of Administration 2000 Budget Department Heanngs - PublIc Health and Environment, TransportatIon and PhYSIcal Development, and CapItal Improvement Program (A lunch break WIll be taken after Transportation and Physical Development's presentation) ***MEETING NOTICES LISTED ON BACK*** A....l$lJ"" btentng d""IC"" a,a a",IIiab. 10, lI$e tn the County Board Roam If ~ou n"ed aUlStanca due ro dlSab,"rY.. 0' lafI!J.u~a ba,,,,,, -",,,...e call 43Q.6000 (TOO 439-322Q) EuUAL EMPLOYMENT OPPOHTUNITy I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 10,1999 . The followlOg Items are presented for Board approval/adoptIon DEP ARTMENT/ AGENCY AdrmmstratIOn A Assessment, Taxpayer Semces and B ElectIons Commumty ServIces C PublIc Health and EnVIronment TransportatIon and PhYSICal Dev ITEM Approval of the July 27, 1999 Board meetIng mInutes Approval of resolutIon, changes to petty cash and change fund Approval of agreement WIth the Department of EconomIC Secunty's Workforc PreparatIon Branch to operate the federal Welfare-to- Work program begInnlOg Jul 1, 1999 through June 30, 2001, for state funds and through September 30,2001 fo federal funds D Approval to extend the Early ChIldhood pIlot respIte grant to December 31, 1999 E Approval of resolutIon to enter Into RadIolOgIcal Emergency Preparedness grant WIt the MInnesota Department of PublIc Safety, DIVISIon of Emergency Management anl authonzatIon for the County Board ChaIr and the County AdtmnIstrator to execute the agreement In the amount of $15,000 Approval to set a publIc hearIng for August 24, 1999, at 900 a m to car adoptIon of reVIsed New Scandla TownshIp zomng map . F .Consent Calendar Items are generally defined as Items of routIne bUSIness, not requInng dISCUSSion, and approved In one vote CormmssIoners may elect to pull a Consent Calendar Item(s) for diSCUSSIOn and/or separate action ************************************************************* Remmder: No Board Meeting August 31, 1999 - sua Tuesday MEETING NOTICES Date Committee Time LocatIon August 9 Rush LIne Comdor Task Force 3 30 P m WhIte Bear Lake FIre Dept StatIon No 2 August 10 Mental Health AdVISOry 4 OOp m COOst Lutheran Church - Lake Elmo August 11 911 Board 10 30 am 2099 Umverslty Ave W - St Paul . August II Metronet 12 00 P m 2324 Umverslty Avenue - St Paul August 12 CommunIty SOCIal Semces AdVISOry 7 30 a.m Washmgton County Government Center August 12 Metro TAB 1230 P m 230 E 5th St - Mears Park Centre . Stillwater Township August 12, lQ99 {'llair: UntIedt 700pm Regular Meetmg <':811 To Ord..er Ae:enda: Adopt Minutes: Approve Mmutes July 22 and July 27, 1999 Treasurer: 1 ClaIms & Checks Attornev: 1 Garbage Hauler Ordmance 2 Raleigh MinIng Permit (5 Year Renewal) 3 ConstructIon Manager Contract 4 Scott Roberts Letter of Credit . Planner: 1 En2ineer: Public Works: 1 Trail Update Oerk: 1 Miscellaneous Committees: 1 Park Committee Report 2 Planmng CommIssIon Report People: 8:00 PM 1 M Raleigh Re Mmmg Penmt Renewal 2 L Sterle - OtchtpwelStonebndge AlIgnment Old Business: New Business: 1 PIne Tree DIsease (E Peterson) Adioum Note: Claims Please D Johnson WIll be absent . ..- ----... 8/7 /99 Pat BantlJ AUG-11-1999 12.49 CiTY OF OPH P.02/04 eI1Y OF OAK PARK HEIGHTS TUESDAY, AUGUST 10,1999 CIlY COUNCIL MEETING FOLLOW. UP AGENDA 7:00 PM. . 7.00 p.m. I ~to O~.erjA.mnl of A.#enda Adcl Brielge Lilt.. uuder Dept./Council Liasion Reports .. Item E under OtLer. Acld Ana.tad as Item G to New Busin.s,. Agonda. approved a. amended. Cazried 5 - O. '1 05 p.m. II. Denarhnl!Tlf./COUDcil I i.,IU\" Reports A. p~ COzruniSllOD Upclate provided. Next Jneeting': Aupn 19, 1999 at 6:00 p.m. B. Park, CommUAOD Update ~ C. Cable Comnussion Update ~d. . D W ..tel' M~CJ1t Organb:4tiOUS 1. BJ:OWn's Cmelt Waunhed District Update pmyidecl. 2 .Middle St. Croix WateQhed Dlstrid Notbm.. to repon. Nut meetinf will Le SeptemLer 9, 1999 at 710Op.m. E. Ollier Meetin~ retarding Bridge 011 Autust 31, 1999 at 1:00 p.m. at City Hall. 7.20 P In. III. Vls1tonlPuhlic Comftlent A RecydingAward (1) Ms. Euuice ROleDow, 14110 Upper SOt!. Street 7:Z0 p.m N. Consenf A,en4a (RoB Call Vote) Item D wa. p~ed hOJD ctOnsen.t afteucla. Roll call vote ...~u, t:drell. Carried 5 - o. A. Approve Billa & Invesbnents B. Approw City COUD.cil MInutes - July 27, 1999 (2) TJu. 18 &11 OPPOrtunity for tho puLu" to ~ the Coun~J WIth CjU..tsons or concern. en 18""OS 11m part of tltc rerular ilQeI1da (pleu.lllrut QOInmantt to 3 mmutal U11ehgth ) . AUG-11-1999 12 49 CITY OF OPH P.03/04 7:25 p.m. V C. Approve Chanee Order No.3 for the Kem Center UtJity Lnprovemenb Project (3) D. Approve Change Order for Oak P~ Boulevud (4) Motion m~ to app~ the d:aal1l'e order. CiUried 5 _ O. E Appl'~ Requelt for Payment No 1 - 57th Street Extension to Oalzgreen Avenuo (5) Pu1hc Heanni'1I e None. 7:30 p.m. VI. New Busines,l . A. Creation of Centra1 BUlin... Distrlat Fund (6) MotioD made to Cftate a CBD fund. Carried 4 _ 1. CouncilmemI,or Beaudet opposecl. B Citiz8Jl CommuDicabon ze,udiu, tr.E.Cic .peed (7) St,," directed to l'G.earcb lowerinlt .peecllimit. Motion carried 5 ~O. C. Traffic Control Signage (8) Motion made to put a .top sip in at SSd. amI Memorial, al.o at r.-orthLound O'Brien at 54tJ. Street. Motion c:uried 5 - o. D. Authorization to proceed on the fonnanon of Si:onn Water Utihi:y (9) Update provided. Motion mcul. to .et a puLlic Ia.arm., ane! proceed. Motion camed 4 - 1. CouncilmemLer Beaudet opposed. E Rate adjustment fOl soLd WIIfte/recyclhag and bd tranJer (10) Update provided. Motion made for rate adjustment aJ1.d bel TranJer. Carried 4 - 1. CounclLnemLer Beaudet opposed. F. Annexation Policy (11) Update provided. Motion made for authori.ation oE ,taff to ba". Ietal revi~. Motion carried 5 _ o. G. Anastasi It: Assoc. Update pl'OVidecl. Motion nuule E~ Attozne,. to pve Ituidanco to PllilDniD~ CornmiJ8ion. Carried 5 _ O. 8:00 p.m. VII. Q1d BU!lin~ . A. Purchase of City F~g. ~011U11end to table inde!mitely. Motion made to tcal,le iudeEiniteIy. Carried 5. O. B. Boutwell'. Lancling Plat; (12) Update provided. C. Brown's Cree~ W.temlted fl. District Rule. (13) Update provided. b Call !or Watershed Distr.kt Manager (14) AUG-11-1999 12:50 CITY OF OPH P.04/04 8:45 p.m. H. 9:00 p m. I. 9:30 p.m. J. D. Upd.te p-mdecl. Oi,eu_on of Burger King/Oak Pule Pond. development rtatu. and .ignage (15) Updated PnK>ided. DiJc:ul8iol1 of polliLIe primary fOJ: 100al elections. Motion to explore l.al aGtiOI1 on La~ Primazy loQ{ election. Ca.niecl3_ 2. C01UlcilmmJ,el' Swen.on and Beaudet opposed. Discuaion 01 fut1 in Advemnng VI. City name. MotiOJl made to table iDdetinitely. Carried 5- o. E. F. Adtoum to EcoDOmic ~J21.eDt Au.tbontv Me~ .RecoUWD' Crtv Cou~M~ Clo.ed S_OD to discuss laLor re1.tious lltutegy. AdioUITI1'ftozU Motion Dlacle to adjourn City Council Meetm, .t 9:56 p.m. Carried 5- O. &ad 'Gt~.,;r:s 12I.App1.b.'. """1/ fJJ- TOTAL P 04 . . . .. . . (? C 'i/17{1i MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION .~ 619 SECOND STREET HUDSON, WISCONSIN 54016-1576 N Telephone 651.436.7131 FAX: 715.386.9571 EMAIL: mwbac@mwbac.state.WI.us WI Telephone 715.386.9444 August 13, 1999 hLb . 6~ -- Re: September 18, 1999, The St. CroIx RIver Expo: Encouragmg-Stewardslnp..TM Dear OffiCIal: You are one of a select number of pohcy-Ievel CIVIC leaders personally mVIted to the St. Croix Falls high school for the 1999 St. CroIX RIver Expo on Saturday, September 18. If you cannot attend, please delegate another leader so that your government urnt IS well represented. The enclosed flyer describes highlights of the free fannly day. 47 display booths WIth river bas10 stewardship themes are already regIstered. You see that after delivering a keynote talk at 9:00, former Senator Gaylord Nelson will present awards to the school kIds from surrounding districts WIth the best watershed stewardshIp posters. Next comes the part perhaps most valuable to you - InformatIon sessions delivered before and after lunchtime about subwatershed-levelland and water planmng and the recently revIsed management plans for the Upper and Lower St. Croix Riverways. The core purpose of the Expo is to motivate key CItIzenry 10 the 7760 square m1le St. Croix RIver watershed to create or implement at least four subwatershed plans. The Expo is intended to inform and enthuse thousands of your constItuents and neIghbors. Plannmg grants wIll be mentIoned. At 3:30 the Lake Supenor BIg Top Chautauqua wIll perform dramatIc mUSIcal numbers from St. CroIX Wild River 10 the 2400-seat gym. Ted Mondale, Metropolitan CouncIl Chair, IS the after- dinner speaker for the fall meetIng of the 230-member St. CrOIX RIver Association, catered by the Dalles House Restaurant LImIted numbers of reservatIons for both are stIll avatlable. TIns wIll be a watershed event, 10 both senses of the term. I do hope that you can be present. Registration is not reqUIred except that if you deSIre Chautauqua or dinner tIckets, do not delay. a!Jz Clarence W. "Buck" MalIck ExecutIve DIrector Enc1 Serving our sponsor states on the St. Croix and Mississippi rivers since 1965 Fa. fun, food . ConcessIons all day by St Croix Falls ChamberofCommeoce . ChIld servIce for 3+ at reasonable prices . St Croix River AssocIation faU banquet advance tickets $18 Fascinating exhibits . WIsconsm Sharp-Taded Grouse SocIety . Concerned River Valley CItIzens . Mmnesota & Wlsconsm DNR . Brown's Creek Watershed . The PralIle EnthusIasts . K.mmckmruc RIver Pnonty Watershed . WIld Mountamffaylors Falls RecreatJon . St CroIX Basm Partners Team . NatIonal Park ServIce . Mmnesota PollutIon Control Agency . St CrOIx Valley RegIonal Tounsm Alhance . Washmgton County Hlstoncal SocIety . Forts Folie A vome . St CroIx Valley Hentage CoahtJon . Metropohtan CouncIl EnvIronmental ServIces . Trout Unhmlted . Paul Lyder, smger · Mmnesota Canoe AssoclatJon . Natural Landscapers · PhotographIc Journeys . Burnett, Polk & St CroIX County Land & Water Departments · Mmnesota, Standmg Cedars & Upper St CroIX trusts . Polk County Ripanan Education and StewardshIp Project · Others too numerous to hst St. Croix" Expo"': Encouraging~wardship Saturday, September 18,1999 \ . 9 00 Gaylord Nelson speech School poster contest awards 10 00 Infonnatlon sessIon I 11.30 See exhibits, enjoy music Eat, browse and socialize 130 Infonnation session IT 300 See exhibits 330 Best of the Big Top ($15 In advance) 500 See exhIbits 6.00 S1. Croix River AssocIatIon banquet catered by Dalles House Restaurant (Reservation only $18) 7:00 Ted Mondale speech InSIde and on the grounds of the St. Croix Falls High School and Middle School Complex 651 E LoUISIana ~oreinforunation 1-8oo-222-POLK Polk County Infonnation Center 8/4199 Soune Spone · St Croix Watershed Network, fostering communication among river stewards · S1. CrOiX Falls Chamber of Commerce · S1. Croix River Association, saving for our children the uses and beauties of our river and valley since 1911 · MiImesota- Wisconsin Boundary Area Commission, citizens coordinating conservation & development · S1. Croix Fallsffaylors Falls Rotary Club, service above self Sunday fun, too (IndIVidual venues on your own) The Osceola & St CIOlX Valley RaIlway Canoe rentals Chautauqua tickets $15 payable to: Boundary Commission 619 Second 81. Hudson WI 54016 Banquet tickets $18 payable to: S1. Croix River Assn Box 1032 HlIdc;on WI 5401 () . Amenca is a great story, and there IS a river on every page of it Charles Kuralt Each generatIon becomes the custodian rather than the absolute owner of our resources. Charles Lmdbergh All the world IS a canoe, and whether paddlers or passengers, we are all one people together in that vessel. Chumash Indian saymg MIllIons of our downstream neighbors depend on the MIssissIppI RIver and the Gulf of MeXICO for clean drinkmg water, commercial fisheries, and family recreation We in the Midwest need to help keep the river healthy for theIr use as well as our own. Cynthia Boynton We lIve not only withm polItIcal boundanes but also wlthm the provmces of nature. Good citizenshtp requires that we should be famIliar with both kinds of maps. Paul Gruchow Our socIety has matured so we now tlnnk of nvers not as pipelines, but as lifelines TIm Palmer We come and go, but the land is always here. And the people who love it and understand It are the people who own it- for a lIttle whIle. WIlla Cather The world IS lIke Noah's Ark. In whIch few men but many beasts embark. Samuel Butler . ~. I \ ~ .. s " c .! II md[ l fJC~ ~ From Highway 8, turn nortb at KFC and follow signs to school . St. Croix River Exponr: Encouraging Stewardship ST. CROIX FALLS, SATURDAY SEPTEMBER 18, 1999 Information and inspiration · Gaylord Nelson 9:00 am · ''Father of Earth Day" · Senate co-sponsor of WIld and Scemc nver deSIgnatIon · Ted Mondale 7 00 pm · Former Minnesota Senator · Chatr, Metropolitan CouncIl · Information Session 1- 10.00 am Management plans for Upper and Lower St Croix affectIng land uses and water rules wlthm the Riverway Watershed StewardshIp InitIatIve- Model Watershed GUIdebook Resource Directory Webslte · InformatIon Session ll- 1 :30 pm. · Subwatershed stewardship opportunities LAKE SUPERIOR BIG Top CHAUTAUQUA LIVE 3:30-5:00 "Best of the Big Top" variety show of musical numbers from "Wdd RIver" $15 ($1750 Salurday) . ~ Metropolitan Council ~ Workmg for the RegIon, Planning for the Future C~-gfI117 ~- -- -- . , ~t~~I~ " August 12, 1999 JleG I ,. I ': Dear Local Government OfficIal TIns letter IS to Inform local umts of goverm:nent that five posItIons on the MetropolItan Parks and Open Space Comnnsslon are open for appointment. The five posItIons are for CommIssIon Dlstncts E, F, G and H (see enclosed map), and the charr of the ComnnsslOn, who IS appolOted at-large from anywhere withIn the seven-county metropolItan area. The four dIstrIct posItIons have terms that WIll expire 1/2003. The charr WIll complete a term that expIres 1/2001. These appomtments are governed under the Minnesota Open Appomtments process adnumstered by the Secretary of State; therefore, interested mdiVlduals should contact the Secretary of State's office at 651/297-5845 for an applicatIon form. Completed applications are also to be returned to the Secretary of State. The deadline for persons applying for these appointments IS Fnday, September 3, 1999. . After receIpt of the applications by the Secretary of State, the applications are forwarded to the Metropolitan Council. Applicants will be asked to appear for an mterview at a public meeting conducted by a Metropolitan Council Appomtments Committee. These publIc meetIngs WIll be held in late September. The Metropolitan CouncIl WIll also notIfy legislators In the affected distncts of the names and backgrounds of the applicants and SOliCIt their recommendatIons. Followmg the public heanngs, the Appointments Committee will meet to reVIew the information and make recommendations on the appomtments to the full Council. It is expected that the appointments will be made in October. The MetropolItan Council inVItes local umts of government to partICIpate 10 tlns appomtments process and make recommendatIons to the CouncIl on any of the appointments to be made Local governments may WIsh to encoUfage citIzens who have an Interest 10 the work of the Metropolitan Parks and Open Space CommissIon to become applIcants. QualificatIons for membership Include: applIcants must be a reSIdent of the commIssion distrIct for wlnch they are seeking appoIntment, and shall not during the terms of office hold the office of Metropolitan Council member, be a member of the MetropolItan .AIrports Comnnssion or Sports FacilitIes Commission, Of hold any JUdICIal office. If you have any questIons about this appointment process, please call Julie Opsahl of the CounCIl staff at 651/602-1630. The Metropolitan CouncIl would like to thank local unIts of government for partIcIpatIng In thIS proces and encoufages you to make recommendatIons on any of the appolOtments to be made . 230 East Fifth Street St Paul Mannesota 55101-1626 (651) 602-1000 Fax 602 1550 TDD/TIY 291-0904 Metro Info Une 602-1888 An Equal OpporTlU1ll!J I!:mp/DIjt'" ---r I I I !16~l ___.l______L___ I I I 0 O-'-T- CASUROCK I -- I I I I I IWoI'TOH I DOUGtAS I I I ----~---I---I- I I I I GlIEEIl'4JU I WATERFORD , I ..J I I SClOTA ( Metropohtan CouncIl Districts _m.. BURNS , SPRING PARK ZClRONO 3~1IeACIf 4 TCNCAIlAY 5 EllIC!LSICR 'GREENWOOD 7 'MXlDl.NlD . MEDICINE l.-KE IMClUND tollQIlIlR~ n SPRINGl.-KE PARK 'Z U. S. t;QVr g NU.TOP M CIOUJM8IA HeIGHTS tS Sf AN11tONY . UlIIDEJlDOLE 9 '7 FALCCNHeIGHTS '8MENDOTA " l.LlDALE 2lI GREYQ.CUD 2' ~AU. 22 DEU.WOOD zs _SPRINGS 24 Io1NfTCMEDl 25 GEMl.-KE 2lI111RCHWOOO %1WHn'E BeAR 2lI IIA'rPORT a WIUERNIE 30 Clo\I(PARKIEIGHTS 3' I.AKEI.AHD SHORES 32 Sf MARYS POINT IIDU CD. _UR - - - CountyBoundaIy MUlllcpaI BoundaIy - - -TownshpBoundaly I I.TIIll'_ llDU.YWOQO I I I I .;p..:--~ . J -- I CMIlEN I WACOHIA ., IAICE10WN I c.uIEII CO. -----~-----r----- - I I 4 QMSIfA -~';' ~I - I I DAK.GR9l lOlMGMERICA IIBflQI I Po I I r -~T----.J HANCClCK I SAN FRMCISCO I -- IPPUYM&EI' alEDII' RIVER ~ .. aau IUIIE HElBlA CEDMtAICE -- <=\) ... ~ ""LlS 5 10 as za 25 EIJREICA LIlWOOO ~KetropoUtan CouncD. COlUMBUS NEW SCANlllA RlRES1'1AICE BAlE IofARSIWl [? ~ The Counc1l members and their districts are as follows: Chair - Ted Mondale [1- Saundra SpIgner, A Plymouth 2 - Todd Paulson, Brooklyn Center [3 - Mary H. SmIth, ~ Orono 4 - Juhus C SmIth, Chaaka [5 - Plu1 Rxveness, C Bloommcton 6 - Caren Dewar, Manneapolas [ 7 - Matthew L Ramadan, h Manneapoba 8 - Carol A. Kummer, Manneapolas r 9 - Natahe Haas Steffen, E Ramsey 10 - James W. Nelson, Columbia HeIghts [11- Roger Wllhams, F Arden Halls 12 - Marc Hugunm, Sbllwaler [13 - Fred Perez, C; SI Paul 14 - Lee Pao XIong, SL Paul [IS - Carolyn Rodnguez, .... Apple Valley 16 - John Conzemlus, Douglas Twp Apnl 1999 . . . rfj Stillwater Area Chamber ~ 651/439-7700 xl 1 D 1/1 Stillwater Area Chamber of Commerce 423 S. Main Street Stillwater, MN 55082 Phone (651)439-9390 Fax (6511439-4544 emall emarshall@stlllwaterchamber com 11i!18/~ 2/99 (S; 5 09 Pr.,1 FRIDltV FNt . Tbursdajl.s Tbou.bts We've discovered that our fax process here takes approximately 8 hours to run through our member- ship Our goal for up to date, accurate Information pnor to the weeks adIVl11es, will be better served If we change our "Friday fax" to "hursday's Thoughts" We hope this will more accurately keep our members Informed, on the upcoming weeks adlvrtles Lunch with the Chamber Never a lack of tOpiCS for discusSIon, we were able to develop a simple and easy way for one local downtown bUSiness to survey their clientele JOin us thiS Fnday at StoneLake, Noon No reservations necessary, alwavs appreciated Future dates Aug 20th Mad Capper Aug 27th Applebee's Sept 3rd Esteban's Sept 10th Brine's FORE.... . Have you washed your clubs, set-up your foursome? Have you confirmed your reservations with the Chamber? Tee Be Green Sponsorships $100 each Par Club Sponsorship $475 (you save $25) 1 Green or Tee sponsorship and a 4-some of galfers Debbie Suennen-Rlckard and Tom RIder are lookmg for door pnze donations CaU Debbie 351-1200 or Tom 439-2930 to pIckup your donation or drop them off at the Chamber offICe 423 S Main Street Note worthv people__ We'd like to thank Mark Knack for hiS patients and help In getting the newsletter out Ilearn something new about the Mac computer eactl time I take the newsletter 10 Thanks, Mark Speaking of !-tentage PrInting, we'd like to Wish Ann Skoglund all the best In her future endeavors We'll mISs you, and thanks for your help over the years The HIstoriC Courthouse has come a long wayl Begun In 1867, lUst three years after the end of the CMI War, It IS not reaching out to - the new mlllenmum With Its own webslte www co washington mn us Emad hlStonccourthouse@co washington mn lJW OPEN HOUSE, September 9th A receptbn Will be held at Esteban's on Thursday, September 9th, from 5 - 7 P m as an opportumty to welcome, or for those 1 who don1 know her, to meet Sheryl If you have any questions about the reception, contact Kate 439-7700 Ex 12 Our thanks to Bob Raleigh, Stillwater Trolley for sponsoring thiS reception Mystery Hunt parHcipants needed! Harmon Inc IS bnnglng over 200 of their employees to town on Sat, Sept 24th for dinner on the Andlamo. They would like to sponsor a "Scavenger Huni for the employee's between Noon - 3 P m (Nice way to get their people to StllMfater early - and IOtO the downtown shops') We need 11 shops, to prOVide a space fer a Visually accessible lar or pot of letters Harmon will provide everything Call the Chamber If you'd like to partiCipate 439-9390 Staff DIrectory . Page 1 of 1 tJitIJ -BqJ""". a:lfl N. ~.,.~ ~lw... -lWNMM (fM.:f) ~a'" Administration (651) 430-8800 Fax: (651) 430-8809 NIle Knesel, CIty CoordInator nknesel@cI stillwater.mn. us Chantell Kadin, Admin. Asst./Personnel Coord ckadm@ci.stillwater.mn.us NIorh Weldon, CIty Clerk mweldon@cI.sttllwater mn.us Building (651) 430-8825 Fax: (651) 430-8810 Allen Zepper, BuIldIng OffiCIal aze.pper@cl.Stillwater.mn us Cmdy ShIlts, BuIldIng Inspector cShI1tS@CI stIllwater.mn.us Community Development (651) 430-8820 Fax: (651) 430-8810 Steve Russell, Commumty Development DIrector srussell@Cl stillwater.mn. us Sue FItzgerald, CIty Planner sfitzlZerald@ci.sttllwater mn.u:> . Engineering (651) 430-8830 Fax: (651) 430-8810 Klayton Eckles, City Engineer keckles@cI stIllwater.mn.us Shawn Sanders, Civil Engmeer ssanders@ci stillwater mn. us T1Ill Moore, Semor Engmeenng TechnICIan tmoore@ci.stillwater.mn.us Ryan Srmth, Engmeenng TechnIcian rsmith@ci.stIllwater.mn us Finance (651) 430-8800 Fax: (651) 430-8750 DIane Deblon, Finance DIrector ddeblonuv.ci.stillwater mn. us Sharon Hamson, AsSIstant Fmance DIrector shamson@ci stIllwater mn us Fire (Non-emergency) (651) 351-4950 KIm Kallestad, FIre Clnef kkallestad@ci stIllwater mn C5 Parks (651) 439-4561 Fax: (651) 351-2844 TIm Thomsen, Parks DIrector tthomsen@cl stIllwater Inn.us Police (Non-emergency) (651) 351-4900 Larry Dauffenbach, PolIce ChIef I dauffenbach@cI stIllwater ml\ U:) CraIg Peterson, CaptaIn cueterson@ci.stillwater.mn.us Public Works (651) 430-8830 Fax: (651) 430-8810 DaVId "Choc" Junker, PublIc Works DIrector . Admlll Q1JL Comml'i'ilons CounCIl Comm. Comm. ,/::ngrneermg Finance Fire History Home Staff Dev Profile Info Legal Lmks Meetmf! Meetlllf! Parks PolIce Public lVewsletter Waste & Info ,"[mute'i Works 'flecvclinf! ~ http //www CI stIllwater mn us/cltyhall/departments/staffindex.html 8117/99