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HomeMy WebLinkAbout2001-04-03 CC PacketAGENDA GULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO.Ol-07 Council Chambers, 216 North Fourth Street Apri13, 2001 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Public Works Facility 2. Staples Park STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 5. Community Dev. Director 7. City Attorney 4. Director of Admin 6. City Engineer/PWD 8. City Administrator Possible Adjournment to Executive Session to discuss Police Sergeant's Contract CALL TO ORDER ROLL CALL 7:00 P.M. AGENDA APPROVAL OF MINUTES -Approval of March 20, 2001 City Council minutes DELEGATIONS & COMMENDATIONS of Retirement Plaque to Bob Barthol CONSENT AGENDA* 1. Resolution 2001-59, Directing Payment of Bills 2. Resolution 2001-60, Abating Assessments on Parcel No. 28.030.20.34.0033 3. Request to purchase computers, laser printer, security gates and inset resensitizers -Library Board 4. Resolution 2001-61, Accepting work and ordering final payment for 1999 street improvements 5. Resolution 2001-62, Approving bridge and pathway easement -Liberty on the Lake 6. Resolution 2001-63, Resolution regazding business subsidy reporting for business subsidies based on agreements entered into by this City after August 1, 1999. 7. Resolution 2001-64, Designation of additional depository for 2001 8. Resolution 2001-65, Accepting work and ordering final payment for 1998 street improvements and Curve Crest Boulevazd 9. Resolution 2001-66, Abating delinquent gazbage fees assessments on parcels 20.030.20.13.0014, 28.030.2034.1014, and 33.03020.14.0022 10. Resolution 2001-67, Opposing National, Fire Protection Association (NFPA) proposed standazds 1710 and 1720 11. Resolution 2001-68, Approving 2001 Salary Schedule for Temporary, Seasonal Labor/Maintenance Workers and Lifeguazds 12. Resolution 2001-69, Agreement with ISD 834 to use Old Athletic Field for Playground 13. Approval of two new positions, one for Pazks Department and one for Engineering Department 14. Resolution 2001-70, Approving interfund transfer 1 S. Approval of Banner Permit - St. Croix Events -Lumberjack Days 16. Approval of Banner Permit - Rivertown Arts Festival PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 1. Hawthorne Lane Improvement Project (Project 2001-09) (Resolution) 2. Designation of Boutwell Road as a Municipal State Aid Street (Resolution) 3. Settler's Glen Developer's Agreement (Resolution) 4. Liberty 7~' Addition Addendum #3 to Developer's Agreement (Resolution) S. New "Off-Sale "License -Call for Hearing - EK.S, Inc. -North Hill Liquor -Applicant -Edward Schmidt PETITIONS, INDMDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 1. Request for Support of Legislation to Restrict Sale of Phosphorus Fertilizers -City of Shorewood (Resolution) 2. Request to close certain streets -Hope House of St. Croiz Palley COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT i • All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. • 2 REGULAR MEETING RECESSED MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO.Ol-07 Council Chambers, 216 North Fourth Street Apri13, 2001 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Public Works Facility 2. Staples Park 3. Possible Adjournment to Executive Session to discuss Police Sergeant's Contract STAFF REPORTS 1. Police Chief 3. City Clerk 5. Community Dev. Director 7. City Attorney 2. Fire Chief 4. Director of 6. City Engineer/PWD 8. City Administrator Admin CALL TO ORDER ROLL CALL 7:00 P.M. AGENDA - Approval of March 20, 2001 City Council minutes 1. Presentation of Retirement Plaque to Bob Barthol CONSENT AGENDA* 1. Resolution 2001-59, Directing Payment of Bills 2. Resolution 2001-60, Abating Assessments on Parcel No. 28.030.20.34.0033 3. Request to purchase computers, laser printer, security gates and inset resensitizers -Library Board 4. Resolution 2001-61, Accepting work and ordering final payment for 1999 street improvements 5. Resolution 2001-62, Approving bridge and pathway easement -Liberty on the Lake 6. Resolution 2001-63, Resolution regarding business subsidy reporting for business subsidies based on agreements entered into by this City after August 1, 1999. 7. Resolution 2001-64, Designation of additional depository for 2001 8. Resolution 2001-65, Accepting work and ordering final payment for 1998 street improvements and Curve Crest Boulevard 9. Resolution 2001-66, Abating delinquent garbage fees assessments on parcels 20.030.20.13.0014, 28.030.2034.1014, and 33.03020.14.0022 10. Resolution 2001-67, Opposing National Fire Protection Association (NFPA) proposed standards 1710 and 1720 11. Resolution 2001-68, Approving 2001 Salary Schedule for Temporary, Seasonal Labor/Maintenance Workers and Lifeguards 12. Resolution 2001-69, Agreement with ISD 834 to use Old Athletic Field for Playground 13. Approval of two new positions, one for Parks Department and one for Engineering Department BLI A [INFINISHED BUSINESS NEW BUSINESS 1. Hawthorne Lane Improvement Project (Project 2001-09) (Resolution) _ 2. Designation of Boutwell Road as a Municipal State Aid Street (Resolution) 3. Settler's Glen Developer's Agreement (Resolution) 4. Liberty 7`~ Addition Developer's Agreement (Resolution) PETITIONS~INDIVIDUALS, DELEGATIONS & COMME ATIONS (continued) COMMUNICATIONS/REQUESTS 1. Request for Support of Legislation to Restrict Sale of Phosphorus Fertilizers -City of Shorewood COUNCIL REOLTEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. S • : Memorandum To: Mayor and City Council ,, From: Klayton Eckles, City Engineer ~C Date: March 30, 2001 Subject: Staff Report on Status of Public Works Facility Discussion. At the previous meeting the City Council approved the purchase agreement for the Public Works Facility property. Last year, the City worked with Sala Architects to develop a concept plan that would meet the needs of the Public Works Department and create a facility that complements the neighborhood. This process was very successful. The plan was received very favorably by both the City and the neighborhood. Wayne Branum, of Sala Architects, will be present to review the proposed plan with the City Council. Also, staff has asked Mr. Branum to develop a sample time line for completion of the new building. This time line shows that if we move quickly, we maybe able to break ground on the project this Fall. This would allow us to move into the facility approximately 18 months from today. An important issue that Council should consider is the selection of an architect for the completion of this project. The issues to consider in selecting an architect include: • Understanding and appreciation of the sensitive aspects of this project. • Understanding of specific needs of the Stillwater Public Works Department. • The ability to carry out and complete on a project of this scale. • Understanding of Public Work's issues. • Experience constructing similar facilities. Sala Architects, the firm we chose to do the preliminary architectural work, has demonstrated itself to be very sensitive to the needs of the Public Works Department, the City and the neighborhood. Given their performance to date, it appears they would be highly qualified to continue consulting for the City on the project. Staffwould suggest to the Council that we consider requesting a proposal from Sala Architects to carry forward on this project. An alternative would be to begin a request for proposal process. Such a process would allow Council to review other potential firms that might be qualified to complete this project. Note however, that this process would take a significant amount of time, and if another architect is chosen, much of the work done to date would have to be revisited and fully understood by a new firm. If we elect to go with the RFP process, chances would be extremely remote that we could begin any construction during the year 2001. Recommendation. So faz the experience the City has had with Sala Architects has been very positive. This experience is the most important indicator in terms of whether or not a firm will perform successfully in the future. Therefore, staffrecommends that the City Council consider requesting Sala Architects to present us with a proposal for review at the next Council meeting. Council would then be able to review all of the pertinent information regazding the firm and their proposal and make a determination at that time as to the appropriateness of moving forwazd with Sala Architects as the primary design firn for this project. Action Required. If Council concurs with staff's recommendation, Council should pass a motion directing staff to work with Sala Architects to develop a proposal for review at the next City Council meeting. f s S ch~tects, Inc Stillwater Public Works and Parks Facility Proposed Design Schedule - 2001 • to April 17 Prepare service contract proposal • April 17 -May 22 Meetings with staff; programming review and update • May 8 -May 22 Revise Building and Landscaping/Site Design per programming review and update • May 23 -June 29 Prepare landscape and site Construction www.SALAarc.com Documents MINNEAPOLIS, MN 43 Main Street SE, Suite 410 • July 2 -July 16 Bidding for Building Site Preparation 55414 section of Construction Documents Tel (612) 379 3037 Fax (612) 379 0001 Principals . July 23 -Sept. 10 Site preparation construction Timothy Fuller Joseph G Metzler Eric Odor • May 23 - Aug. 17 Prepare building Construction Documents Associate Marcelo Valdes • Aug 20 - Se t 7 Biddin fo b ildi l d i . p . g r u ng, an scap ng and EXCELSIOR, MN balance of site construction contracts 440 2nd Street ' 55331 Tel (952) 380 4817 • Sept. 10 - 14 Review and approval of construction contracts Fax (952) 380 4818 Principal Dale Mulfinger • Sept 17 Construction of building begins Associate Paul Hannan STILLWATER, MN 904 South 4th Street 55082 Tel (651) 351 0961 Fax (651) 351 7327 Principals Wayne Branum Kelly R. Davis Katherine A Hlllbrand Michaela Mahady +~!- r Memorandum To: Mayor and City Council From: Steve Russell, Community Development Director Date: March 29, 2001 Subject: Pazks Board Recommendation Regarding Staples Field Basketball Courts Last Fall, City Staff and the Parks Board were approached by neighbors of the Staples Field basketball court regarding use of the court and impact on their adjacent properties. Some of the activities aze described in the attached petition. As an interim measure, the fence azound the court was locked up until the situation could be evaluated and the future of the court determined. To get additional information on use of Staples Park and perception of neighbors of the pazk and basketball court, a questionnaire was administered to residents within three blocks of the pazk. The results of the survey are tabulated on the attached questionnaire. Seventy-eight (78) responses to the questionnaire were received accounting for 179 people. Most respondents (48 of 25) have not experienced problems with pazk use. A place to sit is the preferred additional park improvement with picnic facilities coming in second. Forty-four (44) respondents aze very satisfied or satisfied with the park while nine respondents aze very dissatisfied or dissatisfied. Other questions indicated a general satisfaction with the pazk and its facilities. Specific concerns for the use of the basketball court were not expressed in the questionnaire. The attached petition submitted by neighbors of the court indicate their concern for the basketball court. After much discussion with neighbors and City staff (police, pazks), the Pazks Boazd felt the location of the court, close to the residents, was a mistake and that the courts should be closed and possibly relocated to another North Hill location. The Board further recommends that City Parks and Planning staff should work with the neighborhood on alternative pazks use of the basketball court space and that an alternative location for basketball courts be studied. Recommendation: 1. Disable (remove) Staples basketball court. 2. Direct staff to work with neighbors on alternative use of the court space. 3. Pazks Boazd and Staff find alternative North Hill Basketball Court location. Attachment: Staples Pazk Survey • 9A1- •' ti ' ter a THE B I I~„Ti~Lo~ ~hll~'~ater 0 T A Staples Park Neighborhood Survey The City of Stillwater is committed to providing excellent recreation facilities for your use. Stillwater Pazks and Recreation Commission would like your assistance and input in their planning efforts for the Staples Park Complex. To help us understand which outdoor activities aze the most important to the community, we are asking you to complete the enclosed survey. Please return the completed survey to City Hall by January 31, 2001. If you have questions or concerns, please call Sue Fitzgerald at 651-430-8822, or contact any member of the Parks and Recreation Commission. Thank you for your assistance. STAPLES PARK SURVEY 1. Are you or any member of your family current users of Staples Pazk? Yes SS No 23 If yes, which areas: Tennis Courts 29 Basketball Court 22 Playground Equipment 43 Ballfields 27 Ice Rink 2. How many people live in your household? ~ 0 - 4 years old ~_ 5 - 9 years old ~_ 10 - 15 years old ~_ 16 - 49 years old Over 50 years old 3. Have you experienced any problems when using the Park? Yes Nom' (see exhibit A) If yes, would you please elaborate 4. What, if any, additional enhancements or deletions would like to see made to Staples Park? Examples: Picnic Facilities ?~ Places to sit Volleyball ,$_ Other (OVER) CITY HALL: 216 NORTH FOURTH S1ILLWATER~ MINNESOTA 55082 PHONE: 651-430-8800 • ~~ ar City of Stillwater THE BIRTHPLACE OF MINNE80TA Staples Park Neighborhood Survey, continued 5. Would you favor closing the streets running through the Pazk? Yes. No 3S 6. How satisfied aze you with the Pazk? Very Satisfied 9 Satisfied 3S Neutral 2S Dissatisfied 6 Very Dissatisfied 3 7. Overall, how satisfied are you with the Pazk? Very Satisfied 14 Satisfied 28 Neutral 26 Dissatisfied 4 Very Dissatisfied 3 8. How safe do you feel when you visit the Pazk? Very Satisfied 21 Satisfied 36 Neutral Y3 Dissatisfied 2 Very Dissatisfied 1 9. How would you rate the Parks condition and maintenance? Excellent 8 Good 39 Fair 2S Poor S THANK YOU FOR YOUR ASSISTANCE • CITY HALL: 216 NORTH FOURTH STILLWATER;MINNESOTA 55082 PHONE: 651-430-8800 "~ Staples Park Survey #3 Problems Older boys/language Courts locked No bathrooms No warming house No skating lights Dog messes Need a better ballfield Loud noises at night Crowed ice imk More benches Limited play equipment Stray dogs Fast driving Enhancements Skateboarding Bathrooms Open basketball Gardens Outdoor pool Fence around ballfield More play equipment Volleyball More trees Warming house Shelter Hockey boards 8 8 2 4 1 1 1 1 1 1 1 1 1 1 2 1 4 1 3 6 8 3 5 1 2 Exhibit A • • t s `;., The purpose of this petition is to permanen#ly remove the basketball court on the corner of Martha and Aspen Streets in the City of Stillwater. Our neighborhood is being subjected to the following conditions: • Loud noise and profs • Personal threat • Property damage in 1 • Trespass that i~ • Alcohol consumption at all hours of the day life and properly arm of broken windows des exposure and urination loth adults and minors We have worked with the Parks~~ommission, the City Council, and most recently, the Stillwater Police Department to solve these problems but they have grown increasingly worse. It is time to remove the basketball court and return quiet and safety to the neighborhood. Name lJ Address ., _'+~ The purpose of this petition is to permanently remove the basketball court on the corner of Martha and Aspen Streets in the City of Stillwater. Our neighborhood is being subjected to the following conditions: Loud nPoise and profanity at all hours a the day ersona hreats to I~fe and prop rtY. Property damage in the form of broken windows • Trespass that includes exposure and urination Alcohol consumption by both adults and minors We have worked with the Parks Commission, the City Council, and most recently, the Stillwater Police Department to solve these problems but they have grown increasingly worse. It is time to remove the basketball court and return quiet and safety to the neighborhood. . Address Z • 4 ~ CITY OF STILLWATER COUNCIL MEETING NO.Ol-06 March 20, 2001 • REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:00 p.m. Present: Councilmembers Bealka, Milbrandt, Rheinberger, and Mayor Kimble Absent: None Also Present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire Department Chief Kallestad City Clerk Ward APPROVAL OF MINUTES Annroval of March 6.2001 minutes Motion by Councilmember Rheinberger, seconded by Councilmember Bealka approving the March 6, 2001 City Council minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Discussion of Goal Setting Workshop -Jim Brim~er}The Brimever Group Mr. Jim Brimeyer of The Brimeyer Group reviewed the process with Council the Goal Setting Workshop to be held on Apri16, 2001 at 8:00 a.m. Mr. Brimeyer also reviewed the steps in the executive search process for the new city administrator. STAFF REPORTS Fire Chief Kallestad informed Council of the Fire Department's Annual Report in the packet. He also stated that a retirement party for Assistant Chief Bob Barthol would be held on Thursday, March 29, 2001 from 2-4:30 p.m. and announced the employment of Stu Glaser as Assistant Fire Chief. City Engineer Eckles made the announcement of Community Work Day on Apri121, 2001 at the Brown's Creek Nature Preserve to begin the clearing of brush prior to the prairie restoration that will be done this summer. He invited residents and council to participate. CONSENT AGENDA Motion by Councihnember Bealka, seconded by Councilmember Rheinberger approving the consent • agenda. All in favor. CONSENT AGENDA* Resolution 2001-49, Directing Payment of Bills r~ ., ., City Council Meeting No. O 1-06 March 20, 2001 Approval of Permit to Sell -Lily Lake Ballfields -Dan King (3M) applicant Resolution 2001-50, Approval of Premises Permit Application for Gambling -Stillwater Hockey Association (St. Croix Music Cafe) Approval to purchase digital copier Approval of agreement for campus management hardware and software for Recreation Center Resolution 2001-51, Approving closing of funds and interfund transfers UNFINISHED BUSINESS Approval of Agreement with DeMay and Associates City Administrator Kriesel presented the contract for legislative consulting on the Stillwater Bridge issue. Mr. Kriesel stated that this contract is for a maximum of 260 hours at $175.00 per hour on this issue. Motion by Councilmember Bealka, seconded by Councilmember Milbrandt adopting Resolution 2001- 52, Approving the Agreement with DeMay and Associates. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None NEW BUSINESS SUB/O1-11, Resubdivsion of 207 elson Street J mes F Lammers, Sherman & L ucille Gordon, li n City Attorney Magnuson reviewed the request for the resubdivision. The resubdivision is being done as a result of an encroachment of a building on the other property and recommended approval. Motion by Councilmember ltheinberger, seconded by Councilmember Zoller, adopting Resolution 2001-53, Approving the resubdivision of seven (7) feet of land from Parcel Number 28.030.02.44.0017 to Parcel Number 28.030.20.41.0074. All in favor Ayes: Councilmembers Bealka, Milbrandt, ltheinberger, Zoller and Mayor Kimble Nays: None Final Plat Approval -Liberty on the Lake 7~' Addition City Engineer Eckles reviewed the final plat approval. He stated that the final plat is consistent with the preliminary plat and subdivision plan and recommended approval with the conditions stated in the resolution. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt adopting Resolution 2001-54, Approving final plat for Liberty on the Lake 7a' Addition. All in favor. Ayes: Councihnembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble • Nays: None 2 - w • City Council Meeting No. O l -06 Long; Lake Trail Easement Use Designation March 20, 2001 City Attorney Magnuson presented and reviewed a revised resolution with Council regarding the activities that will be permitted upon a trail easement and that the City recognizes and accepts the binding within the resolution of the definition of "pedestrian purposes." Motion by Councilmember Zoller, seconded by Councilmember Rheinberger adopting Resolution 2001-55, resolving a dispute regarding a trail easement. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Annroval of Purchase Agreement for Public Works Facility Property City Attorney Magnuson presented and reviewed the revised purchase agreement. He stated that there are two commitments within the resolution approving the purchase agreement regarding the construction of a walkway in Spring Creek once the property becomes a part of the City and that two (2) entrances be constructed on the public works site, and a separate entrance to the park. He also stated that the City will purchase the southerly 12.6 acres and the northerly three acres will be gifted to the City. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka adopting Resolution 2001-56, approving the purchase agreement and authorizing commitments to survive the closing. All in favor. • Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Ordering Improvement for Center Street Alley Extension and Approval of Agreement with Rodney Bahr City Engineer Eckles reviewed the proposal for the extension of the Center Street Alley. He stated that a petition against the extension of the alley has been received by the neighborhood. Mr. Eckles stated that he felt it was a viable project for circulation for delivery and emergency vehicles. Councilmember Zoller stated that he felt the extension should be made for public safety reasons. Mayor Kimble asked Fire Chief Kallestad if the requirement for a sprinkler system could be made a condition of the permit. Fire Chief Kallestad stated that a condition on the building permit for a sprinkler system could be added, but that it does not alleviate the public safety concerns regarding ingress and egress by police, ambulance and fire. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to deny the extension of Center Street and the improvement of the street. • Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, and Mayor Kimble Nays: Councilmember Zoller i . ~. . City Council Meeting No. 01-06 Prot~osed Year 2001 Seal Coat Project March 20, 2001 City Engineer Eckles reviewed the 2001 Seal Coat Project and explained that over the last five i years the City has done the seal coat project with Washington County's project. The streets that would be seal coated would be South 6~' Street, Croixwood Boulevard, Skyview Court, Greenmeadows Court, Hillside Lane, Curve Crest Boulevard, Market Drive, and Washington Avenue. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger approving the 2001 Seal Coat project in conjunction with Washington County's seal coat project. All in favor. High Water Forecast for St Croix fiver a_ d Pla_nning_for Flood Control City Engineer Eckles presented a slide presentation on the preparation for high water for the St. Croix River and planning for flood control. Mr. Eckles stated that it is predicted that the flood would be 688.5. Mr. Eckles expressed concern relating to gaukers at the dike site, more flooding potential in the downtown area if rain occurs as well. Motion by Councilmember Zoller, seconded by Councilmember Milbrandt adopting Resolution 2001- 57, Authorizing City Engineer to make emergency purchases related to flood control. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Designation of Brown' Creek Watershed District Representative • City Administrator Kriesel informed the Council that no applications have been submitted for this appointment. Councilmember Rheinberger stated that he has talked to Gary Kriesel and that he is willing to serve on the Brown's Creek Watershed District Board. Mr. Rheinberger felt that Mr. Kriesel would serve the City well on this board. City Engineer Eckles stated that the City of Bayort is requesting Washington County to extend the deadline for submittal of applications. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to nominate Gary Kriesel to the Washington County Board for the appointment to the Brown's Creek Watershed District Board. All in favor. STAFF REPORTS (continued) City Attorney Magnuson presented Warranty and Quit Claim Deeds for Lots G & J of Liberty on the Lake. Mr. Magnuson stated that this was necessary in order to straighten out land titles between Newman Realty and Contractor Property Developers Company. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller adopting Resolution 2001-58, Approving the lot split of Outlots J & G, Liberty on the Lake Addition. All in favor. 4 ~T City Council Meeting No. 01-06 Mazch 20, 2001 Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 9:00 p.m. Jay L. Kimble, Mayor ATTEST: Diane Ward, City Clerk Resolution 2001-49, Directing Payment of Bills Resolution 2001-50, Approval of Premises Permit Application for Gambling -Stillwater Hockey Resolution 2001-51, Approving closing of funds and interfund transfers Resolution 2001-52, Approving of Agreement with DeMay and Associates. Resolution 2001-53, Approving the resubdivision of seven (7) feet of land from Pazcel Number • 28.030.02.44.0017 to Pazcel Number 28.030.20.41.0074. Resolution 2001-54, Approving fmal plat for Liberty on the Lake 7~' Addition Resolution 2001-55, Resolution resolving a dispute regazding a trail easement Resolution 2001-56, Resolution approving purchase agreement and authorizing commitments to survive the closing Resolution 2001-57, Authorizing City Engineer to make emergency purchases related to flood control Resolution 2001-58, Approving the lot split of Outlots J & G, Liberty on the Lake Addition • 5 •: :.~ ~ ?~ .'ens: .. ~~ ~ C~fy ~ StiQ~c~aten, <JUlinnesota Cetcti~icate o~ ~4ppneciation phesented to ROBERT BARTHOL ~' - ~ = . c -' : ~~v: WHEREAS, ROBERT BARTHOL, RETIRED FROM CITY EMPLOYMENT, EFFECTIVE MARCH 29, 2001. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, b~IINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF S'TII.,LWATER, ROBERT BARTHOL BE, AND HE IS HEREBY CONIMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID ROBERT BARTHOL HAS SERVED THE CITY FAITT~ULLY, EFFICIENTLY AND COURTEOUSLY FOR OVER THIItTY YEARS. THE COUNCIL REGRETS THAT HE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HIM, ITS APPRECIATION FOR HIS DEDICATED SERVICE. - BE T'T FURTHER RESOLVED, T~iAT THE CITY CLERK BE, AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COPY THEREOF TO THE SAID ROBERT BARTHOL. PRESENTED BY THE CITY COUNCIL THIS 3~ DAY OF APRIL 2001. Oh :~ ~~~ o _~ 1~+ ~~ °, r- .F ::-~- •~ o s ~~ RESOLUTION N0.2001-59 CJ DIRECTING TAE PAYMENT OF BILLS BE IT RESOLVED, by the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $405,734.46 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and maybe inspected upon request. Adopted by the~Council this 3rd day of April, 2001. Jay Kimble, Mayor C7 • ATTEST: Diane Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2001-59 • Advanced Sportswear, Inc. Equipment supplies 61.50 AICPA Office supplies 56.70 All Safe Fire & Security Equipment supplies 407.44 Amdahl, Chris Building maintenance 220.00 American Payment Center Box rental 78.00 Ancom Pager maintenance 108.11 Arch Pagenet Pager service 944.69 Aspen Mills Uniforms 122.68 AT & T Broadband Cable 62.89 AWI Diversified Building maintenance 363.00 Becker Arena Products Arena supplies 279.60 Berg Bag Company Flood supplies 4,899.00 B J Mulcahy Co Maintenance supplies 115.93 Brad Ragan Goodyear Vehicle maintenance 186 08 Braun Pump & Controls Inc. Equipment repair 11,985.83 CarQuest Vehicle maintenance 405.18 Catco Parts Service Equipment repair 250.42 Century Power Equipment repair 12.11 Clarey's Equipment supplies 94.50 Coca Cola Concession supplies 728.70 Courier News Publications 42.03 Cub Food Supplies 121.39 Cy's Dalco Uniforms Maintenance supplies 17.09 139.75 . Danko Equipment supplies 3,212.84 Delta Hydro Equipment supplies 201.62 Earl F Andersen Equipment supplies 216.99 Edward Don & Co. Building maintenance 265.27 Emergency Medical Products Equipment supplies 93.40 Express Photo Film processing 109.25 First Line Beverage Concession supplies 355.11 Firstar Professional services 175.00 Gazette Publications 40.80 Greeder Electric Equipment repair 735.00 Icetime.Com Software/Hardware 13,618.00 Intemational Assoc. of Fire Chiefs Membership 145.00 International Conf. Of Building Officials Dues 60.00 Johnson, Ron Membership 30 00 Kallestad, Kim General supplies 40.55 Krongard, Les Building maintenance 390.00 Lakeview Hospital Seminar 175.00 Legislative Associates, Inc. Professional services 5,950.00 L.E.E.D.A. Membership 35 00 LMC Insurance 38,205.00 Linhoff, Tom Seminar 304.70 MacQueen Equipment Spaulding Patch Trailer 22,279.80 Magnuson Law Firm Professional services 9,306.43 McCollister $ Co. Fuel 692.97 • f • EXHIBIT " A" TO RESOLUTION #2001-59 Page 2 Menards Maintenance supplies 453.15 Milbrandt, Watly Conference expenses 250.00 Minn Dept of Economic Security Unemployment 209.20 Minn. State Fire Dept Assoc. Membership 250.00 Mister Car Wash Vehicle maintenance 22.99 M J Raleigh Salt,Sand, Snow removal 5,400.39 Morton Salt Salt 2,253.68 MTI Equipment maintenance 268.72 Nextel Cell Phone 215.22 Northern Tool & Equipment Vehicle maintenance 210.83 Northern Traffic Supply Flood supplies 1,466.86 Northwestern Tire Co. Vehicle maintenance 407.63 Packaging Store Freight 44.50 Parts Associates Maintenance supplies 215.69 PC Solutions Maintenance contracts 43.53 Power Phone Seminar 189.00 Press Publication Publications 92.00 Quantum Digital Services Park brochures 247.94 Quill Office supplies 192.07 Royal Lube Vehicle maintenance 87.96 St. Croix Office Office supplies 375.87 St Joseph Equipment Vehicle maintenance 166.94 Simonet's Furniture Building supplies 531.44 Soft Choice ~ Software licenses 100.73 Spaulding Mfg. Maintenance supplies 350 00 Spikes Cobblecraft Equipment repair 77.00 State Peewee Hockey Program Advertisement 250.00 Stillwater Gazette Publications 40.98 Stillwater Towing Forteiture towing 215.53 Streichers Equipment supplies 44.41 Sysco Concession supplies 189.52 Thompson, Linda Reimburse supplies 15.71 Tower Asphalt Contract fees 82,129.09 Truck Utilities Vehicle maintenance 282.14 Turning Point Office supplies 186.00 United Rentals Maintenance equipment 350.53 Valley Agencies Insurance 116.10 Viking Office Office supplies 144.26 Washington County Government Center Licensing Fee 900.00 Washington County Government Center First half property taxes 23,919.00 West Group Office supplies 198.62 Yeadon Dome repair 9,737.29 Yocum Od Fuel 237.79 Young, Theresa Supplies expense 70.00 Zee Medical - Office supplies 20.00 • 1 EXHIBIT " A" TO RESOLUTION #2001-59 Page 3 MANUAL CHECKS MARCH 2001 • Kimble, Jay Conference expense 250.00 Milbrandt, Wally Conference expense 250.00 Capital Hilton Conference expense 1,502.24 DeMay and Associates Professional services 5,000.00 MN Dept of Public Safety Vehicle titles 18.00 Appletree Institute Insurance 15,310.34 MN Law Enforcement Explorer's Assoc. Conference expense 1,110 00 Plattner, Earl J. Seminar 200.00 Xcel Energy Electricity,Gas 10,195.97 ADDENDUM TO BILLS American Planning Association Membership 290.00 Bonestroo, Rosene,Anderlik 8 Assoc. Professional service 11,178.80 Fire Instructors Association of Minn. Books 211.94 Goodwill March ADC expenses 343.00 Internal Revenue Service Arbitrage Rebate Liability 31,131.87 I.T.L. Patch Company, Inc. Uniforms 223.83 Jansens Cleaning Service Maintenance Agreement 1,329.00 Larson Allen Weishair & Co LLP Professional service 8,500.00 LMC Seminars 160.00 Kriesel, Nile Office supplies • 117.64 McLeod USA Telephone 636.58 Met Council March SAC 44,401.50 National League of Cities Membership 1,177.00 Qwest Telephone 1,485.28 St. Croix Events 2001 fireworks Margaret River Fund 5,000.00 St. Croix Office Supplies Office supplies 27.25 Valley Trophy Inc. Awards 85.58 Washington County Abstract Co. Professional service 181.00 Waste Management Garbage waivers 200.13 Xcel Electricity,Gas 13,706.85 TOTAL 405,734.46 Adopted by the City Council this 3rd day of April, 2001 • MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Interfund transfer DA: April 2, 2001 Discussion: Attached is a resolution transferring funds from the Capital Projects Fund to the General Fund. The transfer is necessary to reimburse the General Fund for prior yeaz capital improvement expenditures. Recommendation: Council adopt resolution approving interfund transfer. ~~ • • RESOLUTION NO.Ol APPROVING INTERFUND TRANSFER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following interfund transfer, effective December 31, 2000, is hereby approved: General (Fund 100) Capital Projects (Fund 550) Transfer In Transfer Out $94,897.89 94 897.89 Adopted by City Council this 3`~ day of Apri12001. ATTEST: Jay Kimble, Mayor Diane Wazd, City Clerk • to ar THE OIpTNPLACE OF MINNESOTA • ~' REQUEST FOR INSTALLATION OF BANNER 1. 2. 3. 4. APPLICANT ORGANIZAT L, y~ 2 / ADDRESS TELEPHONE ~7 ~ ~ U "~Jf~ (O ACTIVITY ~,E~ING PROMOTED BY P~ OSED ~ NERS: ~ 4- 5. BANNER LOCATION REQUESTED: Main Street at Olive Street (Mad Capper)* ^ North Main Street -100 Block (Kolliners)* • ^ Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS 6. DATES TO BE DISPLAYED: ` '~ , 7. COMPANY INSTALLING BANNER: ILK. ~~ ^~ -~ Addres~~ _ o ~ Phone FOR OFFICE E1SE ONLY City - ~ Da#e: - ^ MnDOT Date: (Required for Main Street locations) Installer verification Date: BANNER REQUIREMENTS ATTACHED • CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ' ter a e THE BIRTHPLACE OF MINNESOTA REQUEST FOR INSTALLATION OF BANNER 1. 2. 3. 4. APPLICANT ORGANIZAT nn ADDRESS TELEPHONE V' O ACTIVITY BEING PF~MOTED BY PROPOSED BANNERS: c y ~ n ~ °1'h 5. 6. 7. BANNER LOCATION REQUESTED: Main Street at Olive Street (Mad Capper)* ^ North Main Street -100 Block (Kolliners)" ^ Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: COMPANY INSTALLING BAI Address Phone FOR OFFICE USE ONLY City Date: ~ . 0 MnDOT Date: (Required for iwiain Street Locations) fns#alterverification Date: BANNER REQUIREMENTS ATTACHED 4 • CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2001-59 Advanced Sportswear, Inc. Equipment supplies 61.5 AICPA Office supplies 56.70 All Safe Fire & Security Equipment supplies 407.44 Amdahl, Chris Building maintenance 220.00 American Payment Center Box rental 78.00 Ancom Pager maintenance 108.11 Arch Pagenet Pager service 944.69 Aspen Mills Uniforms 122 68 AT & T Broadband Cable 62.89 AWI Diversified Building maintenance 363.00 Becker Arena Products Arena supplies 279.60 Berg Bag Company Flood supplies 4,899.00 B J Mulcahy Co~ Maintenance supplies 115.93 Brad Ragan Goodyear Vehicle maintenance 186.08 Braun Pump & Controls Inc. Equipment repair 11,985 83 CarQuest Vehicle maintenance 405.18 Catco Parts Service Equipment repair 250.42 Century Power Equipment repair 12.11 Clarey's Equipment supplies 94.50 Coca Cola Concession supplies 728.70 Courier News Publications 42.03 Cub Food Supplies 121 39 Cy's Uniforms 17.09 • Dalco Maintenance supplies 139 75 Danko Equipment supplies 3,212.84 Delta Hydro Equipment supplies 201.62 Earl F Andersen Equipment supplies 216.99 Edward Don & Co. Building maintenance 265.27 Emergency Medical Products Equipment supplies 93.40 Express Photo Film processing 109.25 First Lme Beverage Concession supplies 355.11 Firstar Professional services 175.00 Gazette Publications 40.80 Greeder Electric Equipment repair 735.00 Icetime.Com Software/Hardware 13,618.00 International Assoc. of Fire Chiefs Membership 145.00 International Conf. Of Building Officials Dues 60.00 Johnson, Ron Membership 30.00 Kallestad, Kim General supplies 40.55 Krongard, Les Building maintenance 390.00 Lakeview Hospital Seminar 175.00 Legislative Associates, Inc. Professional services 5,950.00 L.E.E.D.A. Membership 35.00 LMC Insurance 38,205.00 Linhoff, Tom Seminar 304.70 MacQueen Equipment Spaulding Patch Trailer 22,279.80 Magnuson Law Firm Professional services 9,306.43 • McCollister $ Co. Fuel 692.97 EXHIBIT " A" TO RESOLUTION #2001-59 Page 2 Menards Maintenance supplies 453.15 Milbrandt, Wally Conference expenses 250.00 Mmn Dept of Economic Security Unemployment 209.20 Minn. State Fire Dept Assoc. Membership 250.00 Mister Car Wash Vehicle maintenance 22.99 M J Raleigh Salt,Sand, Snow removal 5,400.39 Morton Salt Salt 2,253.68 MTI Equipment maintenance 268.72 Nextel Cell Phone 215.22 Northern Tool & Equipment Vehicle maintenance 210.83 Northern Traffic Supply Flood supplies 1,466.86 Northwestern Tire Co. Vehicle maintenance 407.63 Packaging Store Freight 44.50 Parts Associates Maintenance supplies 215.69 PC Solutions Maintenance contracts 43.53 Power Phone Seminar 189.00 Press Publication Publications 92.00 Quantum Digital Services Park brochures 247.94 Quill Office supplies 192.07 Royal Lube Vehicle maintenance 87.96 St. Croix Office Office supplies 375.87 St Joseph Equipment Vehicle maintenance 166.94 Simonet's Furniture Building supplies 531.44 Soft Choice Software licenses 100.73 Spaulding Mfg. Maintenance supplies 350.00 Spikes Cobblecraft Equipment repair 77.00 State Peewee Hockey Program Advertisement 250.00 Stillwater Gazette Publications 40.98 Stillwater Towing Forfeiture towing 215.53 Streichers Equipment supplies 44.41 Sysco Concession supplies 189.52 Thompson, Linda Reimburse supplies 15.71 Tower Asphalt Contract fees 82,129.09 Truck Utilities Vehicle maintenance 282.14 Turning Point Office supplies 186.00 United Rentals Maintenance equipment 350.53 Valley Agencies Insurance 116.10 Viking Office Office supplies 144.26 Washington County Government Center Licensing Fee 900.00 Washington County Government Center First half property taxes 23,919.00 West Group Office supplies 198.62 Yeadon Dome repair 9,737.29 Yocum Oil Fuel 237.79 Young, Theresa Supplies expense 70 00 Zee Medical Office supplies 20.00 • • • EXHIBIT " A" TO RESOLUTION #2001-59 Adopted by the City Council this 3rd day of April, 2001 n Page 3 • MEMORANDUM • TO: Mayor and Council FR: City Administrator RE: Abatement of assessments for parcel Number 28.030.20.33.0033 DA: Mazch 30, 2001 Discussion: Attached to this memo is a resolution abating assessments on parcel number 28.030.20.33.0033. I am not sure why this pazcel was assessed because it is a very small parcel. I suspect that a mistake was made when the city attempted to assess a property for the removal of a diseased tree. In any event, the pazcel went tax forfeit in 1989 and the assessment, $280.00, was never paid. The parcel was recently purchased by an adjacent property owner and was combined with the owners other pazcel. The owner recently found out that there was an outstanding assessment against the property and doesn't believe that he should be responsible for the assessment. I agree and would ask that the Council adopt the attached resolution abating the assessment. Recommendation: ' Council adopt resolution abating assessment on pazcel number 28.030.20.33.0033. ~~ ~ 11`~J ~ ~_ yl ~i /, .. • ~~~ ' i ' ':, o ' ~' -~> r? ~ 9 8 7 ~ ,5 - 3r- z -,-„~ ~ 1 „ ~ _ _ ~~ o '• 40 - , 1 ao~ ,~ 3v. ,o ao as . ~ - ~4s__ 25 ~ ~' s • - •~ ~; -y r , 1 .ti ~h ~ Il I ' ~ ~ vi ' ``r ~ a •'s a ~~t7 a 5 a ~ ° 1 - - -50- 5o so 50 35 ~ - - --~~, -, - -• s.1;3 _125_-12103 _ .4 4 25, _ i T' ~` '(003 ,, ~ (0035) 0033 ( > ~ °~ ~- _(0036) --~- , • ' ~ ` • - - - ~ ` - - -~- 9 ~._' ~- _ - :;_ tao ~~ -- 7- -- --- 78 - --'~ O - ~ ~• - - _ ~ ~~i . ~ ~ 2 ~/ 8 7 , -'6 ' ~ 75 1b0 25 25' 51186 51 88 .51 -_ _--- -'PINE - - -_ - STREET ~ '- M - - - -- -=- - - -- - M O - F-- ~ ~ - -- - - - i' , t7u 1 I i ~-}~01 `l ~ so ' 30 3 ,- f , ~~ "s~ r 1 D ~ ~ I~-.a -- ~ . Location Map ~ ~, 1a ~; ~p _ _~~ ~ 6 L - _ uiw aww ximv nua nn+ n~ mN ~~ n~ n~+ n~ TtYi n~ mn usav u~w Rmw Vianity Map M • r - -_ 0 100 Scale in Feet irr+neer • e. n.u a e mnprdi ti ~eo~eeesr~ a irr nods ~ err wow rtrrsreseeeab.wrRrreas n.a.errmeedraurdr odod~dq en.,.oe"od.a.ed RWl~bbdgelnn/d enre. vredrpon Cedrrelnrlereaea Aidr(mt, Qele13 Pwi/ W W~emNO~ andMY+wpO .dory it >ml drp.re YMh 70e1 RESOLUTION NO.Ol ABATING ASSESSMENTS ON PARCEL N0.28.030.20.34.0033 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the assessments, including any penalties and interest, levied against parcel No. 28.030.20.34.0033 for Disease Tree Removal, assessment roll No. 8, is hereby abated. Adopted by Council this 3`d day of March 2001. Jay L. Kimble, Mayor ATTEST: Diane Ward, City Clerk • STILLWATER PUBLIC LIBRARY • Memo To: Stillwater Mayor and City Council From: Lynne Bertalmio, Director Re: Release of 2001 Capital Budget, Part I 22 March 2001 At its March meeting the Board of Trustees approved a motion requesting the first release of capital funds for the following items from our approved 2001 capital budget. Computers for public and office $5,000 Public laser printer 1,000 Security gates and inset resensitizers 16,500 • • MEMORANDUM u • March 27, 2001 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer SUBJECT: 1999 Street Improvements Project 9902 Acceptance o~ Work and Final Payment DISCUSSION: The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-yeaz warranty will begin. RECOMMENDATION: Staff recommends that Council accept the work and authorize final payment to Tower Asphalt, Inc. in the amount of $65,089.91 ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2001-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 1999 STREET IMPROVEMENTS (PROJECT 9902) • ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 1999 STREET IMPROVEMENTS (PROJECT 9902) WHEREAS, pursuant to a written contract signed between the City and Tower Asphalt, Inc. for 1999 Street Improvements (Project 9902) and their work has been completed with regazd to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor aze hereby directed to issue a proper order for the final payment of $65,089.91 on such contract, taking Tower Asphalt Inc.'s receipt in full. Adopted by the Council, this 3rd day of April, 2001 Jay Kimble, Mayor • Attest: Diane Ward, City Clerk • • MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NOxTH MAn~I STREET • SUITE #202 • PO. Box 438 • $TII,LWATER, MN 55082 TELEPHONE: (651) 439-9464 • TELECOPIER: (651) 439-5641 DAVID T. MAGNUSON MEMORANDUM TO: FROM: DATE: RE: Mayor and City Council David T. Magnuson March 28, 2001 Pedestrian Bridge Easement Agreement A. ALAN KANTRUD Enclosed is an Easement Agreement that has been presented with regard to a pedestrian bridge that is being constructed as part of the Liberty Development. This has been negotiated by the Liberty Homeowner's Association, signed by CPDC and the School District, and has been reviewed and approved by Klayton Eckles. Staff would recommend that the Easement Agreement be approved and that the Mayor and Clerk be authorized to sign. Respectfully, David T. gnuson Stillwater ty Attorney DTM/nm • RESOLUTION NO. RESOLUTION AUTHORIZING EASEMENT FORA PEDESTRIAN BRIDGE Ill LIBERTY DEVELOPMENT WHEREAS, an easement has been presented for consideration by the City for a pedestrian bridge to be constructed partially upon City property; and, WHEREAS, the easement has been approved by the Liberty Homeowner's Association, Independent School District 834 and Contractors Property Developers Corporation and Staff have recommended it is in the best interest of the City to approve and accept this easement. NOW, THEREFORE, BE IT RESOLVED as follows: • 1. That the easement as prepared by CPDC and approved by the City Engineer be and the same hereby is approved and the Mayor and City Clerk are authorized to sign the Easement and the City Attorney is directed to circulate copies of the Court documents to interested parties. Enacted by the City Council of the City of Stillwater this 3rd day of April, 2001. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk n U • (Above Space Reserved for Recording Data) EASEMENT AGREEMENT (Trail) This Easement Agreement (the "Agreement's is made as of this day of 2001, by the City of Stillwater, Minnesota (the "City"), Independent School District No. 834 (the "School's and Liberty on the Lake Homeowners Association, Inc. (the "Association'. RECITALS A. City is the owner of certain real property located in Washington County, Minnesota (the "City Property"), legally described as follows: Ontlot A, Liberty on the Lake 2nd Edition, Washington County, Minnesota B. School is the owner of certain real property located in Washington County, Minnesota (the "School Property', legally described in Exhibit A attached hereto. C. Association is the homeowners association governing Liberty on the Lake, a master planned residential community which is adjacent to the City Property and the School Property. D. The City Property is bounded on the north by the School Property and on the south by Rutherford Road ("Rutherford Road") a public street owned by the City. E. The parties desire to provide for a pedestrian trail, bridge and related improvements (collectively the "Trail's over the City Property and that part of the School Property described on Exhibit B attached hereto to link an existing trail system located on the School Property with Rutherford Road. F. Parts of the City Property and the School Property contain a storm water pond, over which a bridge (the "Bridge") will be constructed on the City Property and the School Property to complete the Trail between Rutherford Road and the School Property. • ODMA\GRPN7SEIFELUW MPLS MILS Doc L'brary 174042 2 3!1/01 2 Olpm mm G., The parties desire to provide for the construction of the Trail, to provide easements for construction of the Trail, and to grant, dedicate, and convey an easement for the Trail over the City Property and the School Property to link Rutherford Road with the trail system located on the School Property. AGREEMENT In consideration of the foregoing Recitals, the covenants and agreements contained herein, and for other valuable consideration, the parties agree as follows: 1. Dedication of Easements. The City and the School hereby dedicate, grant, and convey for the benefit of the persons identified below, the following easements on and across the City Property, and that part of the School Property described in Exhibit B (collectively the "Easement Area's and such other related pazcels of land described hereafter: A. Temporary Construction Easement. A temporary, exclusive construction easement is granted in favor of Contractor Property Developers Company ("CPDC'~, the developer of Liberty on the Lake, for the purpose of constructing the Trail. The easement shall extend on and across the Easement Area, and those other parts of the School Property agreed upon by the School which aze necessary to provide reasonable access and space to construct the Trail. CPDC shall, prior to the commencement of construction, consult with the City, the School and the Association with respect to the timing, nature, and extent of its construction activities, and shall use its best efforts to assure that its construction activities do not interfere with the activities of the School, the City or the Association. All plans and specifications for the Trail shall be approved by the City, the School and the Association prior to the commencement of construction. This temporary construction easement shall terminate upon the completion of the Trail, as certified to by the City, or a professional engineer or architect designated by the City in consultation with the School. B. Trail Easement. Anon-exclusive pedestrian trail easement is granted in favor of the public on and across the Easement Area for pedestrian access between the School Property and Rutherford Road. Said easement shall be limited to the surfaced portions of the Land and bridge components of the Trail. The Trail shall be subject to regulations established by the City, the School and the Association from time to time, provided that such regulations are consistent with this Agreement and approved by all parties. C. Maintenance Easement. An exclusive easement is granted to the Association to maintain, repair and replace (collectively "maintain' the Trail. Said easement shall extend on and over the Easement Area and shall include a reasonable access and space to conduct maintenance activities on and over the School Property and the city Property, which right of access shall be determined from tune to time by a consultation between the Association, the School and the City. The Association shall not commence any maintenance activities on the Easement Area which require access over the School Property, or which may adversely affect any part of the School onrfeu;xewis~tuw ~un~cs na ~~ neoaz2 2 snro~ z oi~ • Property other than the Easement Area, without first obtaining the School's approval for access. The foregoing approvals shall not be unreasonably withheld. 2. Use of Easement Area. The Easement Area shall be used exclusively as a public pedestrian trail. No motorized vehicles or devices of any type shall be used on the Easement Area, except for (i) maintenance equipment and (ii) motorized wheelchairs and other devices of similar type and purpose for transporting handicapped persons. The use of the Easement Area shall also be subject to such other restrictions as may be imposed by the Department of Natural Resources or the City. 3. Restrictions on Improvements. No improvements to the Easement Area other than the surfaced trail and the bridge shall be erected, constructed, or maintained on the Easement Area except as jointly authorized in writing by the School, the City and the Association. 4. Maintenance. The Easement Area shall be maintained, repaired and replaced by and at the expense of the Association, and the Association shall have an easement and right of access to perform such duties as previously described in this Agreement. The Association may impose reasonable restrictions on the use of the Easement Area during periods when the Association is engaged in maintenance. The Association shall determine the need for maintenance; however, if in the judgment ofthe City, the Association fails to properly maintain the Easement Area, the City shall have the right to enter on the Easement Area, perform the necessary work and charge the Association for the cost thereof, if the Association has failed to perform the maintenance within 30 days after receipt of notice from the City specifying the nature of the Association's failure to maintain the Easement Area. Notwithstanding the foregoing, if the maintenance to be performed cannot reasonably be completed within the 30-day notice period, the time period shall be reasonably extended to permit the completion of the maintenance if the Association has taken reasonable measures to begin the maintenance work. 5. Notices. Any notices authorized or required under this Agreement shall be given to the parties at the following addresses: If to the City: • Attn: If to the School: ~~r. «..~•. ~ _ ~ fl~'cQ ~~~~ ~s ~Aa~C~e Attn: T ~ ~ .- ~ /g7.s' So ~~-~-/s~ S~ oft-. «.w.?.~ 2 ~N ~ ~s'adL If to the Association: Attn: ODMAIGRPWISFFELLAW p~LS ILLS Doc L'bnry 170042 2 3 GSA • 3+; ~. ~ 3z / snroi i oiym The Notices shall be sent by U.S. Mail, postage prepaid, to the intended recipient, or hand delivered to a competent person present at the recipient's address. If mailed, the notice shall be effective on the third business day following the date of mailing, and if hand delivered the notice shall be effective upon delivery. - 6. Construction and Binding Effect. This Agreement, and all covenants, restrictions and agreements contained herein, shall be construed in accordance with the laws of the State of Minnesota, and shall be binding upon the parties hereto, and their successors and assigns, unless otherwise amended in accordance with the terms of this Agreement. References to obligations of the parties include designees of the parties who are retained by the party to perform its obligations in the case of maintenance activities. All easements granted by this Agreement shall be appurtenant to the City Property and the School Property and shall run with the land. 7. Duration and Amendment. This Agreement and the easements described herein, shall have a term of 30 years, and shall be automatically renewed thereafter for an infinite number of ten year renewal periods unless the parties unanimously agree to terminate the easements established by this Agreement. This Agreement may be terminated or amended only by a writing, signed by the City, the School and the Association, and recorded in the appropriate recording office of Washington County; provided, that any amendment which affects the rights or obligations of CPDC shall also require its written consent. above. IN WITNESS WHEREOF, the parties have executed to Agreement as of the date set forth CITY OF STILLWATER By: Title: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was aclrnowledged before me this day of , 2001, by ,the of City of Stillwater, a municipal corporation under the laws of the State of Minnesota, on behalf of said entity. Notary Public • • oaMn~cxrwu~~t.nw pis BLS noe U~ naoaz z 4 snroi z oi~ INDEPENDENT SCHOOL DISTRICT 1`TO.834 • • • By; ~ ~~ Title: ~zrr t oirs ~ ~i/..ut~ STATE OF MINNESOTA) • `. - • • DEBRA KAY HOYHIYA ) SS. ~ NOTARY PUBLIC-MINNESOTA COUNTY OF ) '~.,,••.•` My Commis~on Expues,l~t 31, 2005 The foregoing instrument was acknowledged before me this ao•`' day of 1~,~.1., , 2001, by '~ ems., ; ~ ~ Po.c-ller the ,.code- cca..~i s i ~: ~•a n c of Independent Sch 1 stnct No. 834, a public corporation un er the laws of the State of Minnesota, on behalf of said entity. STATE OF NIINNESOTA } ss. COUNTY OF 71 ) ~~ ~ Notary Public LIBERTY ON THE LAKE HOMEOWNERS ASSOCIATION, INC. B• T' e: .Y.f-..~ ~~~ ~ 1 The foregoing ins ent was acknowledged befor me this ~ day of , /~ 2001, by ~~~ %~i~'U~~L/'1 S /// ,the /~~''I of Liberty on the Lake Homeowners Association, Inc., a Minnesota nonprofit corporation, on behalf of said entity. ~_. °"~ SHAWN ELIZABETH WISIQ +~, ~t Notary Pubbc Minnesota ,~,~ . My Commission Ezp~res 1134ROD5 Notary Public This instrument was drafted by: David B. Eide, Esq. Felhaber, Larson, Fenlon & Vogt, P.A. Suite 4200 601 Second Avenue South Minneapolis, Minnesota 55402 Telephone• (612) 373-8520 onMw~cxrwts~uww e~.s BLS n~ L~ naoa+ z S anroi z oipm EXHIBIT A TO EASEMENT AGREEMENT DESCRIPTION OF SCHOOL PROPERTY Tlrrt p:V1 of tlrc Nortlr l lalf of llrc Soullrwcet Qu:rrlcf of Srdion 3U, Towtttiltilf 3t) Nortlt, R1ngc 2U Wctit. St-tiwatcs Towrteltip, W:aliirrblan Ccwrtly. Minrtcsota d~:scribcJ as Collows: t3cbirtrting at [ltc ittlCrsxticm of tlrc south ri~ltt-of-tray linc of Ctwnty Stec: Aid t tib(tway l2. a.~ Jruribc~l in (~ctcurrtc»t No. 31t22 t 1 vn fi1G arW of rtxotd in tltc otfrcc of tltc County ltcxcudcr, Waslrirtbtcut County Minnc.~ta and the e:rel tirtc of s:tic! Nortlt l fall of ltrc Southweu Quarter; tlrcttcti South tl t ttc:brrt: ()<t ntirwtc•~ ail ~x.~nds l:-~tit, asxwned ltcarinb along xaid ea.~t tins, a distartcc of 5~)U.6G fcct to a paint cti~i:tut G21t. i y fiat xoudruly of tltc ttc><tttcslxt tcurter of xaicl Nortlt ! tall of tltc Southwk~t Quarto, :Le rt><:tsurat ;tlttng said cstit line; llrcrut; Sttuth 88 degree SS utinutet 17 xecantle Wc~t, a distant,•c; of 358.09 fc;et: thcrict South 4C dcbrcc~ U$ tnittucce U9 sccor.Js Wcct, a tlist:uttc of .S t4.17 fcct; thcrux Nortlt 1G tkgrcrs 14 ntirtutCS IU xccaortdx Wc.St, a dititancc of 225.26 Ctxt to tiro itttcxscx;tiun with rho nnrtlt lirto of the ,yutlt , S I S.~I G fell uC vtid Ntutlt I talc of tltc Soutlrwcct Quartrr. tttcttec Nortlt S$ ric;brcc.~ S1 tnirtutCe U9 ucun Weer. a Jrst:trtce of 3 ! 4.70 fcer tltcrttx North U4 dcsrces 39 miltutt»S 29 sccortdx Waet. a dist.uuc of 135. ! U fut; tltextct: Nortlt lU Je~ece 2U rninutes 53 sacottdx G-tst. a distance oC2.11.G8 Ccu to the tlttetSc:Ctiprt with the xoutlt lilts oC tlrC rtcmlt 28U.t1t! fcct of said Nortlt 1 tall of tltc SoutltwC,st Quarto; tltc~tec Nvnh 89 dclrccs d 1 rrrittutev q S uctxttls I::txt along s.•tid xoutlt line. a tlixtatue of 3X S3 Ctxt to tltc irtterseetit~n wtttr tits exat line ctl tlx: ~ve~ 1335 Utl tccl of xaly Nartlr 1 tall oC dre Soutlrwc~~t Qu:utcr, tlrcnec Nwtir UU tkgr rc.~r a4 rrtinutire 4X u~rtJa Wet attxtg said wet fitrc. a distartct: of tU f .27 tcx't to lftc intcra~t'tiart with x:ticJ south riglu-of-w:ty tine c~C C'ourtty Sl:rtc Aic! 1 tibltway ! 2. ax dc~trilxc1 i:t t)tx.•uutc;nl Nu. 382211; ttrutcc e:retcrty atctrtgsaid xewtltuty riytrtttl-way lirx:, x dixtarrec nr2.~4.SG tecx alexrg the ue uC a ttna-tangdttiat curve. cotrc.:tvc to tlrc: rkrrth. Iravinti :t radius of S1tU4 S$ fcxt aril a txrttral artglc oC t12 degrcce I K rttinutc~ S S xccortJ.., tltc Clrofd of said CUtYt: be:trc Nortlt 8:t tkgrcec I1V n1i11U[4•S iU mounds C:LSt; tlret~~c Nortlt 81 tfc:~rcx,•e SU ttkrtutc•~ 4Z ti~cc'ondx t:a~t. along ~ritl ~ctutttrrfy rillu-aC--way line.:t diat:utce of 820.17 fcc:t to the paint aC (x:binnink. Tait parse( c:antaitte 1 G. l t :toes nxtrc: or Ieac ant! ix subjtct to vatiJ tv:t.5ements attt! restrit:tianx of recvrcl, i(any. • ODMA1GRtW[SEIFELUW MPLS MP4S Da (.ibrary' 170012 1 ?128/01 145pm mm EXHIBIT B TO EASEMENT AGREEMENT DESCRIPTION OF PART OF SCHOOL PROPERTY SUBJECT TO TRAIL EASEMENT LEGAL DESCRIPTION: A 25 foot w,de eosem en t for occess purposes over on d ocross thot port of the North Holf of the Southwest Ouorter of Section 30, Township 30, Ronge 20, Woshrngton County, Mrnnesoto, fhe centerline of which ,s descr,bed os tollows• Commencing of fhe northeost corner of Outlof A, LIBERTY ON THE LAKE 2ND A00/TION, occord~ng to fhe recorded plot thereof, Wosh,ngton County, M,nnesoto, thence North 58 degrees 04 minutes 03 seconds West, ossumed beoring olong the northerly l,ne of so,d Outlof A, o distance of 25 47 feet to the octuol point of beginn,ng of the centerline to be descr,bed, thence North 39 degrees 26 minutes 39 seconds Eost, o distonce of 71.40 feet, thence North 46 degrees 04 minutes 48 seconds Eost, o distonce of 36 79 feet and there terminofrng 7ne s,delmes of the obove described eosement ore to be prolonged or shortened to term,nofe at so,d northerly lne of cord Ouflof A ~J ODb1AlGRPWISEIFF1.t~W MP[S MPLS Da Lbra7 I7rW2 I 1lSE701 4:3pm aim W000 YfOIeSSlOr101 ~NNClS. Inri EASEMENT SKETCH ,, ~' -, ~ -~ ~~ ` ~_ ~1;. T `, ~. , , ~f ~~ ~, 9 ~`~ i i ~ ~ ~ ~ r gyp? ~ 7'`T9 /~ ~~as _ /_ >•0~9 ~~/ ~ s so ~ o ~ ~ , ~ ~ ~s _ _ O ^` ~ /,~~ - ~ ~ \ OrfhNly Irne ' ~ ~ / ~ J~J ~ oI Outlof A ~? ~~ VJ 5 ~ y ~pc~ f~ ~ ~ ~'~'; . ~ , ~~~ 6 . ~ 1 ` . ~~~ .' ~, 2 3 '~~ ~, LEGAL DfSCR/PTION A 25 /oat wrde easement for access purposes over and across that port of the North Holf o/ the Southwest Ouorler of Section 30 Township 30 Range ?0 Woshrngfon County Mrnnesoto the centerline o/ which rs descrrbed os /allows Commencing of the northeast corner of Out/ot A LIBERTY ON THE LAKE 2ND ADDITION, according to the recorded plot thereo/ Woshrngfon County Mrnnesoto thence North 58 degrees 04 mrnufes 03 seconds West assumed bearing along the northerly Irne o/ sord Outlot A o drstonce o/ 25 47 feet fo the octuo/ point of beginning o/ the centerline to be descrrbed thence North 39 degrees 26 mrnufes 39 seconds fast o drstonce of 71 40 feet thence North 46 degrees 04 mrnufes 48 seconds Post o drstonce of 36 79 /eef and there termrnofrng The sidelines of the above descrrbed easement ore to be prolonged or shortened to terminate of sord northerly Irne o/ sord Outlof A R_OVESTFJ 3r CPDC l ~ ~1 - ~J l \ ~~J I•~ ~) ~J Sco/e I ~ 60 /eef . Westwood Professional Services, Inc ~~ 7599 Anagram Drfve Eden Prafrfe, MN 55344 Phone 952/937 5750 Fax 952/937 5822 Grown oy MS I Dote 3/05/01 I J"o No 20001 f23 ;~ • • 20001 f7.7FSrf OMC MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN .~ THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P O Box 438 • STILLWATER, MN 55082 TELEPHONE (651) 439-9464 • FAX (651) 439-5641 DAVID T MAGNUSON MEMORANDUM TO: Mayor City Council Staff FROM: David T Magnuson, Stillwater Clty Attorney DATE: March 28, 2001 RE: Compliance wrth the Business Subsidy Reporting Requirements H. ALAN KANTRUD Effective August 1, 1999 the City is obligated to report to the Department of Economic Development on the goals set by the state and the municipality for entities who receive a business subsidy within the meamng of the statute. Staff has examined all Development Agreements and other forms of assistance provided since August 1, 1999, and the present time there is no requirement to have a business subsidy agreement with a recipient, nor to establish goals for a recipient, or to report on progress toward goals to the Department of Economlc Development Only two agreements made after August 1, 1999 need mention The first is a Development Agreement made with Long Lake Villas on August 17, 1999 for the housing project now being constructed near Long Lake west of County Road 5 Since this project is a qualified housing district, the tax increment assistance given to the developer is "assistance for housing" and therefore is a form of financial assistance that is not a business subsidy within the • Mayor, City Council and Staff Mazch 28, 2001 Page 2 • meamng of the Business Subsidies Reporting Act The second project involves the Development Agreement made in December 1999 with the potential developers of the Territorial Prison No report needs to be made on this project for several reasons First of all, the benefit date for which reporting is required is when the recipient actually receives the business subsidy, when the improvements are fimshed for the entire project, or when a business occupies the property Obviously, the developer has not reached the benefit date with regazd to this project Further, certain redevelopment projects aze not business subsidies when the recipient of the assistance has an investment in the purchase of the site and in site prepazation of more than 70% of the assessor's current yeazs estimated mazket value. Staff is certain that the purchase price and the site prepazation costs for this project will exceed more that 100% of the assessor's current year estimated mazket value if the benefit date were to occur m this calendaz yeaz The staff has prepazed findings for consideration by the Crty Council so that the records for the tax increment files can be kept current We respectfully request that the City Council consider adopting these findings. Respectfully subrmtted, David T Ma uson Stillwater City Attorney DTM/nm Enclosure • RESOLUTION NO. RESOLUTION REGARDING BUSINESS SUBSIDY REPORTING FOR BUSINESS SUBSIDIES BASED ON AGREEMENTS ENTERED INTO BY THIS CITY AFTER AUGUST 1,1999 WHEREAS. Laws of 1999, Chapter 243, Article 12, Section 1, adopted the requirements regarding business subsidies and the reporting requirements for local government agencies, and, WHEREAS. these requirements obligated the City to develop a set of cntena for granting business subsidies. and the requirement of the entry into a business subsidy agreement for each recipient of tax increment financing that monitored wage and Job goals. and, WHEREAS. the City of Stillwater Staff has reviewed City records, both for the tax increment financing districts and other records, to determine whether the City currently is obligated with respect to any business subsidy to report to the Department of Trade and Economic Development, and WHEREAS. with respect to Tax Increment District No 1, a Tax Increment Assessment Agreement was made between the City and Mainstream Development on Mazch 16, 1999, providing for tax increment assistance for the renovation of the Maple Island building on Main Street in the downtown, however, since this Development Agreement was signed on or before August 1, 1999, and therefore any benefits to the recipient are not a business subsidy and the City has no obligation to either monitor or report pursuant to the terms of the Business Subsidy Act, and, WHEREAS. with respect to Tax Increment Financing District No. 8, the Long Lake Housing District and Law provides that assistance to housing projects and not a business subsidy, NOW, THEREFORE, BE IT RESOLVED 1 That as of Apn13, 2001 no business subsidy reports need be filed by the City for agreements made after August 1, 1999 Enacted by the City Council of the City of Stillwater this 3rd day of Apnl, 2001 CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST- • Diane F Ward, Clerk RESOLUTION N0.2001-64 DESIGNATION OF ADDITIONAL DEPOSITORY FOR 2001 BE IT RESOLVED, by the City Council of the Crty of Stillwater, Minnesota, that Edward Jones, investment broker, is hereby designated as a Crty depository for the year 2001. Adopted by Council this 3rd day of Apnl 2001 Jay L Kimble, Mayor ATTEST: Diane Ward, Crty Clerk MEMORANDUM • March 28, 2001 TO: Mayor and City Council FROM: Klayton H. Eckles ~~ City Engineer SUBJECT: 1998 Street Improvements & Curve Crest Boulevard Project 9802 & 9803 Acceptance of Work and Final Payment DISCUSSION: The work on the above project has been completed The contractor has submitted their application for payment and required information to allow for final payment If Council accepts the work and authorizes final payment the one-year warranty will begin RECOMMENDATION: Staff recommends that Council accept the work and authorize final payment to Tower Asphalt, Inc. for $17,039 18 ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion adopting Resolution No 2001-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 1998 STREET IMPROVEMENTS & CURVE CREST BOULEVARD (PROJECT 9802 & 9803) • ACCEPTING WORK AND ORDERING FINAL PAYMENT • FOR 1998 STREET IMPROVEMENTS & CURVE CREST BOULEVARD (PROJECT 9802 & 9803) WHEREAS, pursuant to a wntten contract signed between the Crty and Tower Asphalt, Inc for 1998 Street Improvements (Project 9802) and Curve Crest Boulevard (Project 9803) their work has been completed with regard to the improvement in accordance with such contract. BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $17,039 18 on such contract, taking Tower Asphalt Inc 's receipt in full. Adopted by the Council, this 3rd' day of Apn12001. Jay Kunble, Mayor Attest. Diane Ward, City Clerk • • RESOLUTION NO.Ol ABATING DELINQUENT GARBAGE FEES ASSESSMENTS ON PARCEL NO.'S 20.030.20.13.0014, 28.030.20.34.1014 AND 33.030.20.14.0022 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the assessments, including any penalties and interest, levied against pazcel No 's 20 030 20 13 0014, 28 030 20 34 1014 and 33 030 20.14 0022, for delinquent gazbage collection, is hereby abated. Adopted by Council this 3rd day of Apn12001. Jay L Kimble, Mayor • ATTEST. Diane Wazd, City Clerk • ~ornmiss~oner of (revenue Abatement Form 4 (Kev Sf yJ~ APPLICATION FOR ABATEMENT -GENERAL FORM (M.S. 375.192) r 5 ,~ For Taxes Leveed in 2000 ~ and Payable In 0 .. c ~ z v Please pant or type Gpbcant s Name Ufa -hew Ka.th Halmners ' dt Apohcan[ s Madmg Address ppl~cant s Social Security Number 816 West Oak Street ~lephone(work) ( ) Stillwater, MN 55082 ~iephone(home) ( 651) 43~L-53RD cSCRIPTION OF PROPERTY Property i D or Parcel Number 28.030. 20.34.0104 eet address (~f different than above) City or Township School DistriR No c+~ i 1...~+o,. 834 'gat Description of Property. All of Lot 10 and the East 40' of Lot 11, Block 1 Webster Bros . 2nd addn SSESSOR'S ESTIMATED MARKET VALUE• Ind S 40.000 Structures S 107,200 Totaf S 147,200 Class ZO1-1 ~PLICANT'S STATEMENT OF FACTS' An assessment from Waste Management (Garbage Hauler for the City of Stillwater) was placed against this property in error, PUCANT'S REQUEST Remove the assessment 80002 for $134.25 plus interest. Please issue a new Tax Statement for Payable 2001 with the assessment removed. ,,/~ ~.t n.r l' ppi~cant s Signature )TE Minnesota Statutes 1988, Section 609 41, "Whoever, In making any statement, oral or written, w~ thorized bylaw to be made as a bases of Imposing, reducing, or aba{Trig any tax or assessment, Intent. Cement as to any material matter which the maker of the statement knows is false may be sentenced ~vided bylaw, to Imprisonment for not more than one year or to payment of a fine of not more than ' 3/28/01 Da Is •equired Iy mars ?ny e55 otherw .00, or both tornmiss~oner of (revenue Abatement Form 4 (Rev S;yu1 APPLICATION FOR ABATEMENT -GENERAL FORM (M.S. 375.192) For Taxes Levied in 2000_ o and Payable in ~OOL_ c z v Please pant or type Linda DOermann Appi~canYs Marling Address ~I~cant s Name (;1 enn 8 1108 South 1st Street alicani s Soual Setur~ty Number 'f~j 55082 Stillwater, ephone (work) ( ) ephane(home) (651) 436-1116 SCRIPTION OF PROPERTY Property I D or Parcel Number 33,030.20.14.0022 City or Township School D~stnct No !et Address (~f different than above) 834 City of Stillwater gal Description of Property Lots 2 $ 3 Excludes the South 15' of Lot 3 Block 2 Churchill ~ Nelsons nd Addition ~SESSOR'S ESTIMATED MARKET VALUE• 116,600 Class 206-0 Ind 3 40,000 _ Structures S 76,600 Total ~ PPUCANT'S STATEMENT OF FACTS: ~~essment from Waste Management (Garbage Hauler for the City of Stillwater) was placed ~.~~'~fist this property in error ,PPLICANT'S REQUEST Remove the assessment 80002 for X239.84 plus interest. Please issue a new Tax Statement for payable 2001 with the assessment removed. ~pbcant s Signature "Whoever, in making any statement, oral or wr-tten, which is required or VOTE Minnesota Statutes 1988, Section 609 41, authorized bylaw to be made as a basis of imposing, reducing, or abaEing any tax or assessment, intentionafiy ma es any ovided by lewato mp rsonment forynot morerthan onetyear or to payment of a fi a of not more than ~3 000 or bo hise P ~ornmissioner of ftevenue Abatement Form 4 (Kev S; ~vl APPLICATION FOR ABATEMENT -GENERAL FORM (M.S. 375.192) ' For Taxes Leveed in ~~00 ~ and Payable In ,~_ -~ c o ~ z ~ Please pant or type pl~cant s Name FranC015 ~ Tame Holmberg- AppucanCs Mad~ng Address pl~cant s Soaal Security Number 1800 Johnson Drive lephone (work} ( } Stillwater, A1N 55082 ~ephone (home) {651 ) till-(1(11 R SCRIPTION OF PROPERTY Property I D or Parcel Number- 20.030 .20 .13.0014 zet Address (~f different than above) City or Township school District No _ Citv of Stillwater _ 834 gal Description of Property Lot 13 Block 1 Oak Glen ~SESSOR'S ESTIMATED MARKET VALUE: rid 3 50,000 Structures S 231,300 Totat 3 281,300 Class 201-1 'PLICANT'S STATEMENT OF FACTS: i assessment from jVaste Management (Garbage Hauler for the City of Stillwater) ryas placed ;ainst this property in error. PLICANT'S REQUEST 'move the assessment 80002 for $146.04 plus interest. Tease issue a new Tax Statement for payable 2001 with the assessment removed. ~~~ ~Y~~~ Applicant s Signature iTE Minnesota Statutes 1988, Section 609 41, "Whoever, in makino any statement, oral or written, r ;homed by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intent tement as to any material matter which the maker of the statement knows is false may be sentences ~vided bylaw, to imprisonment for not more than one year or to payment of a fine of not more than 3/28/01 ~ is required ply makes any less otherw, J00, or both ' Memo To Mayor and Council From Kim A Kallestad, Fire Chief Date March 30, 2001 Subject Resolution opposing NFPA 1710 and 1720 The National Fire Protection Association (NFPA) has proposed two documerns that would establish standards for vanous aspects of fire department operations including response times, number of personnel on fire engines, and many others NFPA standard 1710 is for career departments and standard 1720 is for volunteer departments Even though NFPA standards are not binding or mandatory, they are regarded highly and frequently become mandatory when adopted by codes or regulatory agencies such as OSHA Adoption of 1710 or 1720 would limit a city's ability to determine how, and at what level of expenditure, it will deliver fire protection Not adopting or deviating from such standards opens the door for accusations of infenor service The League of Minnesota Cities, the Minnesota State Fire Chiefs Association, the Metro Fire Chiefs, the Great Lakes Division of the International Association of Fire Chiefs, and I oppose the standards as proposed • The International Association of Fire Chiefs, in whole, supports 1710 and 1720 Recommendation: Council adopt a resolution in opposition to NFPA 1710 and 1720, and forward such resolution to NFPA s • RESOLUTION OPPOSING NFPA PROPOSED STANDARDS 1710 AND 1720 WHEREAS, the National Fire Protection Association (NFPA) is an international association of individuals and trade and professional organizations, and WHEREAS, the mission of NFPA is "to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating scientifically-based consensus codes and standards, research and education", and WHEREAS, NFPA has produced over 275 codes and standards that deal with every aspect of fire and life safety; and WHEREAS, NFPA is an internationally recognized authority in producing codes and standards dealing with fire and life safety, and WHEREAS, NFPA is currently proposing two new standards NFPA 1710, Organazataon and Deployment of Fare Suppressaon Operations, Emergency Medacal Operations, and Specaal Operataons to the Publac by Career Ftre Departments, and NFPA 1720, Organtzataon and Deployment of Fire Suppressaon, Emergency Medacal Operataons, and Specaal Operataons to the Publac by Volunteer Fire Departments, and • WHEREAS, proposed NFPA standards 1710 and 1720 define mimmum response times, minimum fire company staffing levels, initial full alarm response levels, and extra alarm response levels; and WHEREAS, levels of service delivery for fire and emergency medical services (EMS) have always been determined by local ~unsdictions, and WHEREAS, proposed NFPA standards 1720 and 1720 would impose onerous, unfunded mandates upon local governments to meet established response times and staffing levels, if adopted by NFPA with subsequent consideration taken by federal agencies, such as the Occupational Safety and Health Administration (OSHA) and insurance companies; and WHEREAS, the NFPA has clearly gone outside its authority in proposing these national minimum manning, response, and staffing standards, and WHEREAS, because NFPA codes and standards are voluntary and need to be adopted by local ~urisd~ctions, these standards will be "the norm" because of the stature of NFPA in the development and promulgation of other codes and standards; and WHEREAS, these two proposed standards will be considered and voted on at the NFPA annual conference on May 16, 2001 in Anaheim, California, and WHEREAS, if adopted and issued, these proposed NFPA standards would force local • governments to shift dollars from fire prevention programs to fire suppression activities, potentially increasing the nsk of fire and the danger to local firefighters. NOW, THEREFORE, BE IT RESOLVED that the Council of Stillwater opposes any attempt by the National Fire Protection Association to adopt standards for staffing or minimum manning levels of fire, specialized, or emergency medical service vehicles controlled by amts of local government; and BE IT FURTHER RESOLVED that the Council of Stillwater opposes any attempt by the National Fire Protection Association to adopt a standard dictating or affecting the response time of any fire, specialized, or emergency medical vehicle, and BE IT FUTHER RESOLVED that the Council of Stillwater will send this resolution to the National Fire Protection Association registering the city's opposition to proposed standards 1710 and 1720, which preempt local authonty and place aone-size-fits-all mandate on our city and on all cities and towns Adopted by the Stillwater City Council this 3'~ day of Apnl, 2001 • ATTEST: Diane Ward, City Clerk Jay Kimble, Mayor lJ • Memo DATE: March 30, 2001 TO: Mayor and City Co//u~~n~cil FROM: Chantell Ka~~in~?~y4~~ Director of Administration RE: 2001 Temporary Seasonal Salary Schedule On the attached Resolution, it is proposed that the 2001 salary for Temporary, Seasonal Labor/Maintenance Workers start at $11 00/hour This is an increase of $2.00/hour from the current salary schedule in place that was most recently increased in 1999. • T'he Lifeguard salary schedule would remain the same as it was in 2000. These salaries levels have been approved within the 2001 Budget. Recommendation Staff recommends the City Council adopt the attached Resolution, Approving 2001 Salary Schedule for Temporary, Seasonal Labor/Maintenance Workers and Lifeguards. • APPROVING 2001 SALARY SCHEDULE FOR TEMPORARY, SEASONAL LABOR/MAINTENANCE WORKERS AND LIFEGUARDS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that effective May 1, 2001, the salary schedule for Temporary, Seasonal Labor/Mamtenance Workers and Lifeguards as follows, is hereby approved. Labor/Maintenance Workers: Entry $11 00/hour 2nd Yeaz $11.25/hour 3rd Yeaz $11 50/hour 4~` Yeaz $11 75/hour 5~' Yeaz (maximum rate) $12 00/hour Lifeguards• Entry $8 75/hour 2nd Year $9.00/hour 3rd Yeaz $9.25/hour 4d' Yeaz $9.50/hour Head Lifeguazd $10.00/hour Adopted by the City Council this 3rd day of Apri12001. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk • I"" 1 U • MEMORANDUM • TO Mayor and Council FR. City Administrator RE Agreement with ISD 834 to use Old Athletic Field for playground DA• March 30, 2001 Discussion Attached is a resolution approving the attached agreement between the City and ISD 834 to allow the installation of playground equipment at the Old Athletic Field The agreement requires the City to install and maintain the equipment and to also indemnify and hold harmless ISD 834 The agreement is fora 5 year penod (to December 31, 2006) with a 5 year renewal option Further, either party has the right to terminate the agreement upon 90 days written notice. The City Attorney has reviewed the agreement and I would recommend approval (ISD 834 Board has already approved the agreement). Recommendation. • Council adopt resolution approving agreement between City of Stillwater and ISD 834 to use Old Athletic Field for playground ~~~ • RESOLUTION NO.Ol APPROVING AGREEMENT BETWEEN THE CITY OF STILLWATER AND INDEPENDENT SCHOOL DISTRICT 834 FOR USE OF OLD ATHLETIC FIELD BE IT RESOLVED, that the agreement between the City of Stillwater and Independent School District 834, providing for the installation of playground equipment at the "Old Athletic Field" is hereby approved. Adopted by the City Council this 3`~ day of Apn12001 Jay Kimble, Mayor ATTEST Diane Ward, Crty Clerk • • U3i30:01 FRI 68 56 FAS 612 351 838p IND SCHOOL DIST 831 Letter of Agreement between the City of Stillwater and Stillwater Area Schools /Independent School District #834 • The City of Stillwater has proposed the installation of a neighborhood playground on District 834 school property The following is intended to define the agreement between the City and School District in the development and ongoing care of this park. Projec# Understandinq The City of Stillwater wilt instal[ and maintain playground equipment on property owned by District 834. This property is located between 5~' Ave. So and 6~' Ave. South and south of Burlington Street. This site is commonly called the Old Athletic Field Location The playground will be located in the northeast comer of the property A detailed plan must be submitted to the School Drstnct and approved pnor to installation. The plan shall include descnption of equipment, location and necessary site preparation. The site will be 100 -150 square and be fenced with a cyclone type fence. _ _Cost of Eauioment Installation and Uokeea The City of Stillwater will be totally responsible for cost of the equipment, installation and upkeep of this playground City staff will be responsible for timely inspection and repair as needed. Liabili The City of Stillwater agrees to indemnify and hold District 834 harmless for any liability associated with the installation, use and maintenance of the playground equipment and this playground. The City of Stillwater shall prov-de a certificate of insurance listing the Distract 834 as additional insured as it pertains to this equipment, the site and activities. Term of Q reement This agreement shall be through December 31, 2006. Based on staff review and recommendation, the agreement maybe extended for an additional five (5) years It is agreed that either party may terminate this agreement with 90 days written notice. The Crty agrees to remove, at City expense, the equipment and fence within 90 days of the termination of this agreement. Accepting for the City of Stillwater Accepting for StiAwater Area Schools Date Date ~ uuz • • Memo DATE: March 30, 2001 TO: Mayor and City Council FROM: Chantell Kali Director of Administration RE: Approval of two New Positions The 2001 Budget includes two new positions• one in the Parks Department and one in the Engineering Dept • Recommendation Staffrecommends the City Council approve creating two new positions, one each in the Parks and Engineering Departments. • ~~ ilt7`r~." ^~ ~, r :.ll~~i(F. V ( TZ'r ~ ~' i n r ~T e ~ ~ F n ~.~ . n n e 'S . EASEMENT ,AGREEMEIV~' This Agreement is entered into this day of Apt~l, 21td1, by and between the City of 5trllvvater ("Ga~antor") and Seasan.~ Tique, Inc., a ltiiant~csota corporation and ~tedenck '+~Y. Br+sss, a3 Truster for Frederick W Brass Tri:st U/A dattd June 23, t 996 (collectively ``Grantee"i. WHEREAS, Grantor is the owner of $uuih Main Street sho-~~n an attached Exhibit A ~"Grantor's h'roperty`~; and WHEREAS, Grsntre owns property adjacent to Grantor's Property legsslly described an Exhibit B ("Crrarttec's Property's which contains baiIdings {"Encroaching Bwiidings'~ whicD encrosch auto Grantor's Property ("Encroachment Area's as shown on Exhibit A; and WHEREAS, the parties desire to toter 2nto this Agreement to allow the encroech~r:e~ttt iota the Eneroach~nent Area; N4W. T3~.,REFORE, ti': eoasidaration of One Dollar and other goad and cable consideration, the receipt and sufficiency of wharb is hereby acknowltxlgad, the `es agree as follows 1 Grantor hereby grants Grantee an easement f'or encroachrnet~t purposes over • Encroachment Area • 2. Grantee agrees that at such time as the Encroaching Buildings are substantially destroyed, Cnautee shat! rebuild the Encroaching 13uitdings so as not to encroach onto Grantor's PicrpertY. 3 This Agrrxrrient shall be for the benefit of Grantee, their heirs, signs and successors rn title end shall run with the title to the Qrarytor's and Grantee's Property, CITY QF STILLWAI`ER sy: I SEASONS TIQUE, iNC. sy - Its: ~ ` • • y4 ~.,,.'., k N` t..- tr'1~" 4 3~ ~" ~4 .~ ~4T ;~ t~;r~~~. ~'~j1~!i:1 ~ :i • Frederick W Brass, Trustee _ STATE OF IVffNNESUTA } SS. COIT.~tTY OF /~i~/1G5~e{~ The foregoing uistrurc-ent wee ackrnowledged before me this ~ day of • 2001, on behalf of the Gity of Stillwater, Minnesota by its ,~ ~ ~~~~ DIANE WARD NOTARY PUBUC - MINNESO~T Fubllc My Comm~sbn Expose 1-312005 r STATE t)F MINNESOTA ; SS. ` COUNTY OF _..} The foregoing imtru~nent was aclolwwledgal before me this _~_ day of . 2001, on behalf of Seasons Tigue, Imc., a Minnesota carlwration~, by • - =its -- - --- Notary Public STATE t3F NIlNNESOTA } SS COUNTY OF _,..~,~ I'he foregoing xnstrurnent was acknowledged before me thee day of . 2001. l7y Frederick VJ. Brass, Tn:stee. Notary P>wblic This instnunont draped by Paul E. Kaminski (FEK} Best 8c Flanagan Lf.F b0I Second Avenue South 4000 U. S. Bank Place Minneapolis, Ml!t 55402 PEK:bIm • ~~_ i a MEMORANDUM TO: Mayor and City Council ~5 FROM: Shawn Sanders, Civil Engmeer5 DATE: March 27, 2001 RE: Hawthorne Lane (Project 2001-09) DISCUSSION In the past couple of years Hawthorne Lane from Northland Avenue to Mary Knoll Dnve has expenenced several problems with sewer backups caused by tree roots in the sanitary sewer main City crews have been out numerous times cleaning out the mam and removing the roots but this has been only a temporary solution Mayor reconstruction of the sewer main is needed to correct the problem This street was not part of the Croixwood reconstruction project a few years back and street reconstruction is also warranted at this time The first step is to prepare a feasibility study for the area. Also as • part of this project, we would look at other streets m the Croixwood area such as Sky view Court and Icerose Lane that weren't part of previous reconstruction or rehabilitation RECOMMENDATION Staff recommends that Council pass a resolution authonzing the preparation of a Feasibility Study for street, sidewalk, sanitary and storm sewer improvements for Hawthorne Dnve and surroundmg areas. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No 2001 ,RESOLUTION ORDERING PREPARATION OF REPORT FOR HAWTHORNE LANE AND SUROUNDING AREAS STREET AND SEWER IMPROVEMENTS. r~ RESOLUTION ORDERING PREPARATION OF REPORT ON HAWTHORNE LANE IMPROVEMENTS (Project 2001-09) WHEREAS, rt is proposed to reconstruct the sewer main on Hawthorne Lane and the surrounding streets in the Croixwood Area and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed unprovement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed unprovement is feasible, and the estunated cost of the improvement as recommended. Adopted by the Council this 3'~ day of Apnl, 2001 Jay I~mble, Mayor • ATTEST• Diane Ward, City Clerk • MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Civil E~gineer DATE: March 26, 2001 RE: Boutwell Road DISCUSSION The right-of way for Boutwell Road was recently annexed in to the City of Stillwater from Manning Avenue (CR15) to approximately to Boutwell Place. Now the City has ownership of the right-of--way from Myrtle Street (CR12) to Manning Avenue (CR 15). This stretch of road will would act as a collector street for the exising area, the new U.S. Homes development, and future Public Works expansion. It is proposed to add Boutwell road to the Municipal State Aid System Once the street is designated, the City will be able to use State Aid funds to reconstruct and or upgrade to the street. RECOMMENDATION It is recommended that Boutwell Road from Manning Avenue (CR15) to Myrtle Street (CR 12) be added to the Municipal State Aid Street System and designated as a State Aid Street. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting RESOLUTION N0.2001- RESOLUTION ESTABLISHING MUNICIPALSTATE AID HIGHWAYS. • RESOLUTION N0.2001- RESOLUTION ESTABLISHING MUNICIPAL • STATE AID HIGHWAYS WHEREAS, it appeazs to the City Council of the City of Stillwater that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the road described as follows, to-wit• Boutwell Road from CSAH 15 to CSAH 12 be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forwazd two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Stillwater, to be numbered and known as 169-122 Adopted by the City Council of the City of Stillwater this 3rd day of April, 2001. • By• ATTEST• Diane Wazd, City Clerk Jay Kimble, Mayor • 1 Execution Copy • DEVELOPMENT AGREEMENT RELATING TO SETTLERS GLEN BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND • U.S. HOME CORPORATION, A DELAWARE CORPORATION This agreement was drafted by David T Magnuson, #66400 Magnuson Law Firm 333 North Main Street Swte 202 P O Box 438 Stillwater, MN 55082 651/439-9464 n LJ t TABLE OF CONTENTS SECTION 1 RECITALS 1 • 1 O1 The Property 1 1 02 Public Improvements 1 1 03 Public Improvements, Plans, Specifications .. 1 1 04 Public Improvements, Warranty. 2 1 OS Public Improvements; Requests 2 SECTION 2 DEVELOPER' S REPRESENTATIONS . 2 2 Ol Ownership ... .. 2 2 02 Execution No Violation . . 2 2 03 Litigation .. . .. 2 2 04 Compliance .. .. 2 SECTION 3 PUBLIC IMPROVEMENT SCHEDULE .. 2 3 O1 Work Schedule 3 3 02 Selection and Control of Contractors 3 3 03 Inspection and Oversight 3 3 04 Dedication of Work 3 SECTION 4. COST RECOVERY 3 4 O1 City Public Improvements. .. .. .. 3 4 02 Developer Public Improvements .. .. .. 4 - 4 03 Trunk Construction 4 4 04 Developer Trunk Construction 4 4 OS City Trunk Construction ... 4 • 4 06 Trunk Costs Allocation . .. 5 4 07 Future Boutwell Road Costs . .. .. 5 4 08 Consultant Fees and Charges ... . .. . 5 4.09 Payment of Hook-up Charges 5 SECTION 5 SECURITY . ........ 6 5 O1 Security for Cost of Public Improvements 6 SECTION 6 DEVELOPER' SRESPONSIBILITY. - (DEDICATION) .. 6 6 O1 Easements 6 6 02 Dedication and Improvement of Trail Easements .. 7 6 03 Dedication of Conservation Easements .. .. 7 6 04 Dedication of Storm Water Ponds... .. ... . 7 SECTION 7 DEVELOPER'SRESPONSIBILITY - (CONSTRUCTION) .. 7 7 Ol Mass Grading .. . .... .... ... . . . . . . .. . 7 7 02 Park Improvements . . .. . .. . . .. . 7 7 03 BoutwelUManning Road Construction ... .. 7 7 04 Morgan Avenue Construction .. .. . . .. . 8 7 OS Sidewalk Street Crossings .. ... .. . . 8 7 06 Street Lights .. . .. . 8 7 07 Park Signage. .... .. 8 7 08 Railroad Crossing Permit .. ..... .. .. 8 • (i) SECTION 8 DEVELOPER'SRESPONSIBILITY - (CARE OF ENVIRONMENT) 8 8 O1 Wetland Buffer Area .... 8 8 02 Erosion Control Measures During Construction .. 8 8 03 Storm Pond Care. .. .. .. . 8 8 04 Street Sweeping .. 9 8 OS Damage to City or County Facilities .. 9 SECTION 9 DEVELOPER'SRESPONSIBILITY - (GENERAL CITY REGULATIONS) 9 9 O1 City Regulations ....... 9 SECTION 10 DEVELOPER' SRESPONSIBILITY - (PROJECT INFORMATION) .. .10 10 O1 Engineering Data .. .... 10 10 02 As Built Plan 10 SECTION 11 DEVELOPER'S RESPONSIBILITY-(HOMEOWNER'S ASSOCIATION) 10 11 O1 Homeowner Information 10 11 02 Homeowner's Association Obligation 10 SECTION 12 MODEL HOMES .. ... .. .10 12 O1 Model Homes .. .. .. .. 10 SECTION 13 CITY RESPONSIBILITY 11 13 O1 Easements 11 13 02 Final Plat Approval .. 11 SECTION 14 INSURANCE ... ....... ........ .. .. .11 14 O1 Insurance . ... . .. .. .... .. . . .. 11 SECTION 15 INDEMNIFICATION .. 12 15 O1 Indemmficahon 12 15 02 Enforcement by Crty, Damages . . 12 SECTION 16 EVENTS OF DEFAULT . . 12 16 O1 Events of Default Defined .. 12 16 02 Remedies on Default .. . ... .. .. ... ... ... . .. ... 13 SECTION 17 ADMINISTRATIVE PROVISIONS .. .. .. .13 17 O1 Notices.. .. .. .... ... .. ... ... ..13 SECTION 18 ADDITIONAL PROVISIONS .... ... ... ... 13 18 O1 Titles of Sections. . ... .. .. .13 18 02 Counterparts. .... .. .... . . ... . ..13 18 03 Modification .. ... ... .... .. .. 13 18 04 Law Governing . .. .. ... .. .. ... .. ... .. . 14 18 OS Severabilrty ... ..... .. ... 14 SECTION 19 TERMINATION OF AGREEMENT .. .... ... ... . 14 19 O1 Termination ... 14 • (ii) DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 2001, between the City of Stillwater, a political subdivision of the State of Minnesota, ("City"), and U S. Home Corporation, a Delaware corporation, ("U S Home") (the "Developer"), WITNESSETH THAT, the parties agree as follows SECTION 1. RECITALS. 1.01 The Property. The Developer now owns the property described in the attached Exhibit "A" comprising of 152 33 acres (the "Property") located within the CCR, CTHR and CTR Zoning Districts in the City of Stillwater, Washington County, Minnesota. They have been granted preliminary plat approval for the subdivision of the Property for development consistent with the requirements of the zoning districts 1.02 Public Improvements. A. The Developer has requested that the City award contracts to construct certain streets and other trunk improvements necessary to serve the Property area ("City Public Improvements"). A description of the City Public Improvements and estunates of costs is attached as Exhibit "B". B. The City is willing to allow the Developer to construct and install the Developer Public Improvements A description of the Developer Public Improvements and estimate of costs are attached as Exhibit "C" The City Public Improvements and the Developer Public Improvements are collectively, the "Public Improvements" 1.03 Public Improvements: Plans. Specifications. A. The City and the Developer agree to authorize Klayton Eckles, P E , the City Engineer, to prepare the plans and specifications for the City Public Improvements The specifications must be both to City standards and with regard to any Boutwell Road improvements consistent with the rules and regulations of MnDOT State Aid to Highways Program Approval by the Developer of the plans and specifications for the City Public Improvements is a condition of this Agreement B. The Developer's engineer will prepare plans for the Developer Public Improvements Approval by the City Engineer of the plans and specifications for the Developer Public Improvements is a condition of this Agreement. The design of the Developer Public Improvements and the plans and specifications must meet City standards, the mitigation standards for storm water management found in the AUAR Mitigation Plan as approved in September, 1997 and the AUAR Feasibility Report dated December 16, 1997, and also Standards and Regulations of the Brown's Creek Watershed District These standards must be met for all phases of the development If watershed district rules change for future phases of the development, the City will assist the Developer in obtaining compliance with • the new standards 1.04 Public Improvements; Warranty. Developer agrees that the Developer Public Improvements will be done in a workmanlike manner, that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the Crty All work done pursuant to this contract is subject to the inspection and approval of the Crty Engineer, who is vested with authority to suspend or stop work on the project if any condition of this contract is violated If any material or labor that is supplied is rejected by the Crty Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the work will be done anew to the satisfaction and approval eof 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 Crty 1.05 Public Improvements; Requests. The Developer may request that the Crty finally accept the completed Public Improvements as constructed in each phase A written request for acceptance must be made to the Crty Engineer, describing the improvements for which acceptance is requested Acceptances must not be unreasonably withheld Failure of the Crty Engineer to deny a request within thirty (30) days is approval of the request If the Crty Engineer denies all or part of a request, he must state in writing the reasons for the denial at the time of the request is denied SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the Crty that, as of the date of this Agreement, the statements set forth in this section are true 2.01 Ownership. The Developer is the contract for deed vendee of the Property and knows of no legal disability that would prevent it 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 Litigation. There are no pending or, to the actual knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments, comply with all applicable conditions of subdivision and Planned Unit Development approval; and comply with any applicable requirements of the Brown's Creek Watershed District SECTION 3. PUBLIC IMPROVEMENT SCHEDULE. The Developer will install Developer Public Improvements according to a schedule approved by the City Engineer and the standards set forth in this section, and City Public Improvements will be installed according to a schedule prepared by the City Engineer 2 3.01 Work Schedule. Approval of the work schedule by the City Engineer will be required before construction begins In the event that Developer fails to complete any element of • the Developer Public Improvements according to the completion schedule, the City, at its option, will upon ten (10) days written notice from the City Engineer within which the Developer will have the opportunity to cure, have the nght to draw upon any Secunty provided pursuant to Section 5 of this Agreement for the costs associated with completion of the work referred in this section Upon satisfactory completion of the work, the City will have the right, but not the obligation, to terminate this Agreement and abandon further work on the Public Improvements The ten (10) day penod may be extended by the City Engineer if in his opimon the Developer has commenced and is diligently pursuing the cure of the default within the ten (10) day penod. 3.02 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 required approvals, however, will not be unreasonably withheld, delayed or conditioned 3.03 Insuection and Oversi:=ht. Developer must provide a competent full time inspector to manage construction of the Developer Public Improvements, collect data, oversee contractor operations and with authonty to make infield decisions regarding field design changes The inspector must have certification in all relevant areas related to utility and street construction The inspector must be on site at any time sigmficant work is being down on the Developer Public Improvements and available for daily meetings with City Staff and the Project Engineer The City Engineer and his designated Representatives will provide engineenng review and oversight of all work on the Developer Public i Improvements 3.04 Dedication of Work. Each element of the Developer Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City, and the Developer will be deemed to have no nght, title or interest in or upon any element of any dedicated Public Improvements SECTION 4. COST RECOVERY. 4.01 City Public Improvements. Upon completion of the City Public Improvements and the payment of all costs of the City Public Improvements, the City will compute the actual cost of City Public Improvements and will fiirmsh the calculations to the Developers The City Engineer will thereafter provide to the Developers all further information and documents requested by the Developers to venfy costs and computations Not less than forty-five (45) days after the City has furnished its computations to the Developer, but so long as the Developer is not in default under this Agreement not before September 1, 2001, the City may levy special assessments on the Property, m the manner specified in Minnesota Statutes, Chapter 429, provided that (1) the special assessments will be made payable over a 3 year period, in three (3) equal annual installments compnsing principal and interest and computed on an amortization basis, (2) the interest rate payable on installments of the special assessments will be fixed by the City to equal 3 the actual or estimated interest cost on the bonds to which they aze pledged plus the City • administration fee of 1 %. The resolution levying the special assessments will provide that the special assessments levied on any lot or pazcel of the Property will be due and payable to the City in full, with interest accrued to the date of payment, on the date any lot or pazcel is sold or transferred for development or to any person or entity which is not a "related person" within the meaning of the United States Internal Revenue Code, and the regulations thereunder. The Developer waives notice and a heanng and also the nght to appeal the assessment pursuant to Minn. Stat §429 081 4.02 Developer Public Imarovements. Payment of the costs of the Developer Public Improvements must be made by the Developer within ninety (90) days of being invoiced by the Developer's contractor, and upon proof of payment, the Developer's secunty required by Section 5 will be reduced m an amount equal to the payment The ninety (90) days will be extended if Developer provides written notice to the City that an actual and bona fide dispute exists between the Developer and a contractor 4.03 Trunk Construction. In this agreement, thank construction means A. All of the watermain to be constructed on Manning Avenue between County Road 12 and Boutwell Road B. The cost of oversizing watermain to be constructed along Boutwell Road and between Boutwell Road and Mary Lane Avenue. • C. All costs of trunk watermain and sanity sewer to be constructed from Neal Avenue westerly to the intersection of Street "A" and Boutwell Road D. The cost of constructing extra depth from manhole 11 to manhole 13 E. The storm water trunk facility for MB42-44 (an element of the Trout Stream mingahon project between Neal Avenue and the Brown's Creek Tnbutary F. Tnuik costs also includes the cost of design, engineering, survey, inspection, legal, oversite, inspection and implementation, estimated to be approximately 25% of the total. Other Project costs incurred by either the City or the Developer that aze not within this definition will not be shared as descnbed in §4.06. 4.04 Develouer Trunk Construction. The Developer must install trunk sanity sewer and trunk water from Neal Avenue westerly to the intersection of Street "A "and Boutwell Road Also, the Developer must install trunk watermain from Boutwell Road to Mary Lane Avenue Any azeas within Brown's Creek Nature Preserve that aze disturbed by construction must be restored as native praine, unless the City included restoration as part of a lazger praine restoration project m the nature preserve. In that event a pro rata shaze of the lazger City project will be charged to the Developer as additional hook-up fees described in Section 5. 4.05 City Trunk Construction. The City will construct trunk watermain from County Road 12 north along Manning Avenue to the project as part of the City Public Improvements. 4 4.06 Trunk Costs Allocation. The Developer is responsible for 81 % of the trunk construction costs and the City is responsible for 19% The City will pay its share of trunk construction costs for trunk work done by the Developer as part of the Developer Public Improvements by allowing Developer a credit in the amount of the City's share against hook-up charges descnbed in §4 09 However, Developer's costs required to construct an element of the Trout Stream mitigation project between Neal Avenue and the Brown's Creek Tributary will be recognized by the Crty as a credit in the amount of 100% of the costs of the work as defined in §4 03F, against the Developer's shaze of hook-up chazges related to the Trout Stream mitigation as descnbed in §4 09. The Developer will pay its shaze of Trunk Construction costs done by the City as part of the City Public Improvements as set forth in §4 09. 4.07 Future Boutwell Road Costs. In order to avoid construction traffic damage to a newly constructed Boutwell Road, the improvement of Boutwell Road will be deferred until after the completion of Settlers Glen 1st Addition. As part of the development of the future additions, the Developer must pay one-half (1/2) of the cost of reconstruction of that portion of Boutwell Road that abuts the Property in an amount estimated to be $176,000 This amount is in addition to Boutwell Manning intersection improvements and must be made by direct payment to the City rather than by assessment If construction is not complete by the time of filing of the final plat of the final addition, security may be given to the City in the form of a letter of credit satisfactory to the City to insure payment of this obligation. This payment will relieve the Developer and • purchasers of lots within the development from assessments or other chazges related to this improvement, including charges related to landscaping, trail construction and boulevards 4.08 Consultant Fees and Charges. The Developer will pay to the City, within thirty (30) days of being invoiced, 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 unprovement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one (1) yeaz beyond the acceptance of the completed work. Invoice for chazges under this provision will be sent on a quarterly basis. Sums remaining unpaid after thirty (30) days may be recovered by the City from the security provided pursuant to §5.01 4.09 Payment of Hook-ua Charges. Developer will pay, before presenting the Final Plat of each phase to the City for signature, the following hook-up charges• Single Family Residential AUAR Trout Stream Mitigation Chazge $ 4,991.00 per acre • 5 Townhouse AUAR Trout Stream Mitigation Chazge $ 9,982.00 per acre The charges described in this Section will be spread based upon the gross azea of the Project, less only wetlands and steep slopes The total acres within phase one of the Project, for the purposes of this Section, is 12.67 acres of single family residential and 14 73 acres of townhouses The chazges described in this Section are established by resolution of the City Council and revised on a yeazly basis. Future phases must pay the amount of hook-up charges m effect when the final plat for each phase is presented SECTION 5. SECURITY. 5.01 Security for Cost of Public Improvements. Developer must, poor to the City or the Developer beginning work on any Public Improvements, provide the City with cash, letter of credit or other surety, with the form of any non-cash surety to be reasonably satisfactory to the City Attorney in the sum of one hundred twenty five percent (125%) 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 for Public Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement Periodically, as payments aze made by the Developer for the completion of the Public Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made A Letter of Credit or other surety must permit the City to draw upon it for the full face amount of the cost of curing any default of the Developer after ten (10) days written notice to the Developer of its opportunity to cure, with respect to performance items, 30 days of receiving an invoice from the City with respect to payments required as set forth in §4 08, the extended period of ninety (90) days wntten notice with respect to contractor payments as set forth in §4.02 or seventy-two (72) hours written notice with respect to erosion control violations as set forth in §7.03 Any time period may be extended by the City Engineer if in his opinion Developer has commenced the cure of a default and is diligently pursuing a cure SECTION 6. DEVELOPER'SRESPONSIBILITY. - (DEDICATION). 6.01 Easements. The Developer must furnish to the City upon request and without chazge, all permanent easements over property owned or controlled by it as designated in the plans and specifications, and deeds to property deemed reasonably necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. Sidewalk and trailway easements that aze not permitted by law to be dedicated to the public by plat must be dedicated to the City by separate instrument at the time of final platting. 6 6.02 Dedication and Improvement of Trail Easements. The Developer must dedicate by easement satisfactory to the City Attorney trail easements as depicted on the preliminary plat that will allow continuation of the City trail system through the Project azea Trails must be graded and surfaced either with asphalt or wood chips as directed by the City Engineer as part of the Developer Public Improvements 6.03 Dedication of Conservation Easements. Developer must dedicate to the Crty, by sepazate instrument satisfactory to the City Attorney, all conservation easements depicted on the preliminary plat Further, the boundaries of the conservation easements must be marked by posts and signs as approved by the Crty Engineer sufficient to put adjacent owners and others on notice of boundanes of the conservation easement Developer must also notify adjacent owners of the existence of the conservation easements and disclose the existence of conservation easements to lot purchasers 6.04 Dedication of Storm Water Ponds. Upon completion of the construction of any storm water ponds and upon acceptance of the work by the City, the Developer must dedicate, either by the final plat or sepazate instrument, an easement for storm water and drainage purposes over the azea within ponds and related drainage swales or ditches SECTION 7. DEVELOPER'S RESPONSIBILITY. - (CONSTRUCTION). 7.01 Mass Grading. Prior to the commencement of construction of any Public Improvements, the Developer, at its expense, must complete the grading of the entire project azea, including the building sites, storm water holding ponds, surface drainage ways, private dnveways, municipal streets, and other areas that will be disturbed as pazt of the construction of any unprovements This grading must be done in accordance with an approved grading plan either prepazed by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions, and cross sections No grading may begin unless secunty is provided to the City for this work in the form of a bank deposit, letter of credit or other surety as descnbed in Section 5, in the sum of 125% of the estimated cost of this work as determined by the City Engineer 7.02 Park Improvements. Developer must grade any pazk azeas as part of the improvements of each phase, and establish turf reasonably sufficient for recreational use and erosion control This requirement is ongoing during the build out of the development and will require the Developer to take action including re-seeding, fertilizing and watering as needed to insure fitness for the intended use The Developer may request City acceptance of Pazk Improvements according to the procedure descnbed in § 1 OS 7.03 Boutwell/Mannin>: Road Construction. Developer is responsible for improving Boutwell Road and Manning Avenue as required by Washington County and Minnesota State Aid requirements, including if required, the construction of turn lanes, by pass lanes, medians and stripping. If this work is not complete before the final plat of the second addition is filed, the Developer will be required to post security with the City, in the form of letter of credit or other means satisfactory to the City Attorney, in the sum of 125% of the estimated cost of this work as determined by the City Engineer 7 7.04 Moran Avenue Construction. Developer must build a road connection sufficient to connect Morgan Avenue within the Project to the present terminus of Morgan Avenue, now cul-de-laced within the adjacent plat of Terry Brook Estates in the Town of Stillwater Developer must obta,~n any permits needed for this construction from the Town of Stillwater 7.05 Sidewalk Street Crossings. When sidewalks are designed or built to cross public streets, a permanent pedestrian crossing must be constructed The construction material must be a different color and texture than the bituminous street The design and signage for the crossing must be reasonably approved by the City Engineer 7.06 Street Lights. The Developer will furnish a street lighting system for the Development according to the design and specifications of Excel Energy and previously approved by the Crty Engineer and Community Development Director The street lighting system must be constructed and installed under the Excel Energy Group 5 program and the Crty and Excel Energy will enter into a contractual agreement on the rate and maintenance of the street lighting system by the Crty 7.07 Park Signa~e. When parkland is dedicated, the Developer must install monuments reasonably satisfactory to the Crty Engineer that describe and identify the parkland or natural area The Developer may use natural area signs developed by the Crty for this use In general, one sign or marker is required on or near each property line 7.08 Railroad Crossins Permit. Prior to construction of unprovements within Block 15 of the development and the building of a road connection through Block 15 to County Road 64, the Developer must use its best effort to obtain necessary easements and permits for a crossing of the Minnesota Zephyr railroad tracks In the event that Developer is unsuccessful in its efforts to obtain needed easements, the City will provide necessary assistance pursuant to § 13 O1 of this Agreement SECTION 8. DEVELOPER'S RESPONSIBILITY. - (CARE OF ENVIRONMENT). 8.01 Wetland Buffer Area. The Developer must establish native plant communities in all wetland buffer areas and on slopes adJacent to storm water ponds, holcling ponds or infiltration ponds The seed mix used and efforts required for establishing seeded azeas is subject to the reasonable standazds established by the City Engineer 8.02 Erosion Control Measures Durins Construction. Developer must construct erosion control devices in conformance with the approved Construction Plans for the Public Improvements The devices must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction of the Public Improvements Any deficiency or failure of erosion control must be corrected within seventy-two (72) hours of written notice or the Crty may draw upon the Secunty provided under Section 5 of thus Agreement in the amount of the costs incurred in curing the deficiency. 8.03 Storm Pond Care. The Developer must use special caze to avoid, even on a temporary basis, the siltation of any infiltration or storm water holding ponds within or vv~thout the Development Should siltation or soiling occur the Developer must excavate, dredge or 8 clean, to the reasonable satisfaction of the City Engineer, any soiled pond before completion of the development Further, Developer must prepaze and provide to the City Engineer, upon completion of the development, a certification satisfactory to the City Engineer that the pond meets all design contours required by the approved plans 8.04 Street Sweeping. Streets within the Development must be swept weekly once home construction begins. 8.05 Damage 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 Crty or County in taking remedial action This obligation will terminate when construction of structures within the Project is complete SECTION 9. DEVELOPER'S RESPONSIBILITY - (GENERAL CITY REGULATIONS) 9.01 City Regulations. Developer acknowledges 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, including: A. A Wetland Mitigation Plan must be prepared or approved by the City Engineer B. A grading and erosion control plan must be prepared or approved by the City Engineer 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. Compliance with any mitigation measures required by the AUAR Mitigation Plan or Brown's Creek Watershed Distract. E. The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City dunng approval of the Development. F. Before beginning work on the Public Improvements, the Developer must have satisfied any City park dedication requirements whether by land dedication or payment in lieu of dedication G. Pay to the City, before building permits are issued, for any structure within the Development, any sewer or water availability charges and any oversizing or hookup chazges imposed by the City. • 9 SECTION 10. DEVELOPER'S RESPONSIBILITY - (PROJECT INFORMATION) 10.01 Engineering Data. The Developer, through its engineer, must provide all staking, surveying and other information reasonably required by the City Engineer in order to ensure that the complete improvements conform to the approved plans and specifications 10.02 As Built Plan. Within sixty (60) days after completion of construction, Developer, through its contractor or engineer, must prepare and file with the City a full set of "as built" plans, including a mylaz original and two black line prints, as well as electronic format, showing the installation of improvements within the plat. The "as builts" must verify inverts, pipe grades, pipe lengths, street grades, casting elevations, bench marks on hydrants, ponds, and site grading and ties for all sewer and water services Failure to file the "as built" plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. SECTION 11. DEVELOPER'S RESPONSIBILITY - (HOMEOWNER'S ASSOCIATION) 11.01 Homeowner Information. The Developer must prepaze an educational packet for distribution to home or lot buyers and made available to Buyer with mazketing materials used to promote the Development The packet must include a copy of the covenants and restrictions for the Development, a description of the proposed City public work site, located across Boutwell Road to the south of the Protect, suggested landscape alterations along natural azeas, a list of native tree species appropriate to the area, a description of the maintenance obligations of the homeowner's association, and a copy of the City's Town Fertilizer Ordinance 11.02 Homeowner's Association Obligation. The Developer must prepaze and submit to the City Engineer a maintenance agreement that obligates the homeowner's association to maintain caze for and improve all landscaped islands within any right~f--ways, the maintenance of bus shelters, the maintenance of entrance monuments and associated landscaping, snow plowing and removal of fire access routes not located within street right~f--ways and maintenance of any other development specific improvements on property owned by the homeowner's association SECTION 12. MODEL HOMES. 12.01 Model Homes. Developer will have the right to construct two (2) model homes and one multi-family model townhouse with four (4) model townhouse units therein before the completion of the Public Improvements The model homes may be used for mazketing the Development and not for occupancy The Developer will be responsible at no risk tot the City for placing a model home within a setback that will eventually conform to City ordinances and at an elevation that will be integrated properly with street, utilities and drainage patterns for the completed Development In all events, however, the Umform Building Code and Life Safety Code must be followed and the Life Safety approved by the City Fire Chief before allowing public access to a model The Developer will be 10 solely responsible for any damage to paved City streets or County roads, or any other City or County facilities, that occurs or anses out of this construction. Before model home permits may be issued, the following conditions must be fulfilled to the reasonable approval of the Community Development Director. A. Design review must be approved; B. Common open space architectural and landscape plans must be approved, C. Architectural and landscape plans for each site must be approved, and D. A grading plan must be approved. SECTION 13. CITY RESPONSIBILITY. 13.01 Easements. The City will obtain, m a timely manner, off-site easements necessary to accommodate sewer, water, roadway, railroad crossing easements, and other trunk utilities that must be extended from the present terminus of the utilities to the Developer's Property All reasonable costs of the acquisition of the necessary easements will be considered costs of the Public Improvements and recoverable by the City pursuant to §4.01 of this Agreement. The City must inform the Developer of the status of negotiations with owners of the property over which easements are needed and provide to the Developer copies of appraisals that are reviewed to determine market value. Further, before a decision is made to initiate condemnation, or to appeal an award of commissioners, the City must meet and confer with the Developers and consider in good faith the opuuon of the Developer with regard to the proposed action 13.02 Final Plat Aaaroval Provided that the Developer is not m default of this Agreement, the City will approve the final plat on advance of acceptance of the streets and utilities within the plat, subject to any conditions of final plat approval imposed by the City. SECTION 14. INSURANCE. 14.01 Insurance. Developer and its contractors will provide and maintain or cause to be mamtamed at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on A. Comprehensive general liability insurance (includmg operations, contmgent liability, operations of subcontractors, completed operations and contractual liability msurance) together with an Owner's Contractor's policy with lunits 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 msured to the extent of its interest • 11 B. Comprehensive general public liability insurance, including personal injury • liability for in~unes to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest C. Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute SECTION 15. INDEMNIFICATION. 15.01 Indemnification. Developer agrees to defend and hold the city, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Public Improvements 15.02 Enforcement by City; Damages. The Developer acknowledges the nght of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City, that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City, and that the expenses may include, but aze not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement SECTION 16. EVENTS OF DEFAULT. 16.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will mean, whenever it is used in this Agreement, any one or more of the following events A. Failure by Developer to commence and complete construction of the Developer Public Improvements pursuant to the terms, conditions and limitations of this Agreement B. Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. C. Failure by Developer to provide adequate on-site inspection pursuant to §4.01. D. In each event, Developer will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default The ten (10) day penod may be extended if in the opinion of the City Engineer, given in venting, the Developer has commenced and is diligently pursuing a cure of the default U 12 E. Failure to pay when due any amounts as set forth in Section 4 16.02 Remedies on Default. Whenever any Event of Default occurs, the City may take any • one or more of the following actions A. Suspend work on the project and building permits or certificates of occupancy on private development until it receives assurances from the Developer, deemed reasonably adequate by the City, that the Developer will cure a default B. Take action, including legal or administrative action, as is necessary for the City to secure perfonnance of any provision of this Agreement or recover any amounts due the City under this Agreement from Developer or from the Security descnbed in Section 5 C. Undertake to complete the Public Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security descnbed in Section 5 for the full amount of the estimated work. SECTION 17. ADMINISTRATIVE PROVISIONS. 17.01 Notices. All notices, certificates or other commumcations regwred 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 Knesel, Coordmator S City of Stillwater 216 North Fourth Street Stillwater, MN 55082 If to Developer U.S Home Corporation c% Orrin Thompson Homes 8421 Wayzata Boulevard, Suite 300 Golden Valley, MN 55426 Attn William Pritchard SECTION 18. ADDITIONAL PROVISIONS. 18.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convemence of reference only and shall be disregarded in constnung or interpretmg any of its provisions. 18.02 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 18.03 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 13 • whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement 18.04 Law Governing. This Agreement is governed by and must be construed in accordance with the laws of the State of Minnesota 18.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holdmg will not invalidate or render unenforceable any other provisions SECTION 19. TERMINATION OF AGREEMENT. 19.01 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 Developer Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed m its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written CITY OF STILLWATER (SEAL) and Diane F Ward, Its City Clerk DEVELOPER • STATE OF MINNESOTA COUNTY OF WASHINGTON sy. By. Its: ss Jay L. Kimble, Its Mayor William Pritchard Division Senior Vice President On this day of , 2001, before me, a Notary Public within and for said County, appeared Jay L Kimble and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City 14 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 , 2001, before me, a Notary Public within and for said County, appeared William Pritchard, to me personally known, who, being duly sworn, did say that he is the Division Senior Vice President of the Developer named m the foregoing mstrument and that this instrument was signed as the free act and deed of the Developer Notary Public • • 15 r Execution Copy • ADDENDUM NUMBER FOUR TO DEVELOPMENT AGREEMENT RELATING TO LIBERTY ON LONG LAKE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND CONTRACTOR PROPERTY DEVELOPERS COMPANY Liberty on the Lake - 7th Addition This agreement was drafted by. David T Magnuson, #66400 Magnuson Law Firm 333 North Main Street Suite 202 P.O Box 438 Stillwater, MN 55082 651 /439-9464 • ADDENDUM NUMBER FOUR TO DEVELOPMENT AGREEMENT RELATING TO LIBERTY ON LONG LAKE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND CONTRACTOR PROPERTY DEVELOPERS COMPANY Addendum Number Four This Addendum is agreed to day of January, 2001 by the City of Stillwater ("Crty") and Contractor Property Developers Company ("Developers") 1 Introduction The Crty and the Developers executed a Development Agreement on the 19th day of May, 1998, for the "Liberty on Long Lake" Development whereby the approvals were given by the Crty for the entire Development and construction authorized for installation of public utilities for "Phase One" of the protect Later, on May 18, 1999, Developers were given approval for "Phase Two" of the Development consisting of 79 additional residential lots and on Apn128, 2000 the City acted, authorized and continued the installation of public utilities into Liberty on the Lakes Third and Fourth Additions, containing 42 and 30 lots, respectively. It is the purpose of this Agreement to authorize the Development known as Liberty on the Lake 7th Addition containing 50 cottage lots 2. Savings. The original Development Agreement and Addendum • Number One, dated May 18, 1999, will remain m effect except as expressly modified by this Agreement 3. En~meer's Approval Plans and specifications for utilities and road construction aze subject to the approval of the City Engineer according to Section 1 of the original Development Agreement and no work may begin until approval of the City Engineer is given 4 Securi The Developers must provide security for Liberty 5th Addition in the amount of Dollars ($ ) and for Liberty 4th Addition in the amount of Dollars ($ ). Further, the Developers must mamtain existing security for outstanding or unfinished work in Phase One of the protect m the amount of Dollazs ($ ), unfinished work in Phase Two in the amount of Dollazs ($ ), and unfinished work in Phase Three in the amount of Dollazs ($ ) 5 Conditions of Approval 5.1 Dedication All pazk, roadway, utility, conservation and trail easements associated with the Third and Fourth Additions must be dedicated either by the plat or by sepazate document in a form satisfactory to the City Attorney filed contemporaneously with each plat. i 1 5 2. Cul-de-Sac Design. The final street and cul-de-sac design must be approved by the City Engineer before the final plat is filed 5 3 Disruption of Improvements All streets in the area affected or damaged by construction of the improvements must be improved or repaired according to the direction of the City Engineer and according to the understanding previously reached with the City Engineer during the plat approval process 5 4 Utility and Sidewalks All easements for sidewalks and utilities must be dedicated and graded The exact location of the graded trail is subject to further discussion with the Crty Engineer, however, if agreement cannot be reached, the easement must be located and constructed at the direction of the City Engineer 5 5 Engineer's Comments The City Engineer's final wntten comments and recommendations are incorporated herein as if set forth verbatim 5 6 Seedin All areas of the Development adjacent to holding ponds and areas disturbed near wetlands must be reseeded with a native seed approved by the City Engineer and maintained according to a maintenance plan approved by the City Engineer to ensure the seeding is successful • 5 7 Sweenin~ Developers agree to sweep improved streets within the Development on at least a weekly basis dunng April through October until eighty percent (80%) of the lots within the Development are built upon, unless less sweeping is approved in wasting by the City Engineer IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal, and the Developers have executed this Agreement at Stillwater, Minnesota the day and year first above wntten CITY OF STILLWATER By Jay L. Kimble, Its Mayor and Diane Ward, Its City Clerk • 2 DEVELOPERS CONTRACTOR PROPERTY • DEVELOPERS COMPANY By Its President STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of March, 2001, by Jay L Kimble, Mayor and Diane Ward, Clerk, for the Crty of Stillwater Notary Public STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of March, 2001, by ,the ,for CONTRACTOR PROPERTY DEVELOPERS COMPANY Notary Public • ~ MemOrancfu~- ~- To: Mayor and City Council From: Diane Wazd, City Clerk Date: 04/03/01 Subject: New "Off-Sale" License -Call for Hearing EKS, Inc. -North Hill Liquor, Applicant - Edwazd Schmidt • DISCUSSION: Mr. Edwazd Schmidt, current owner of the Hazbor Bar is in the process of purchasing the Stems & Vines at 515 N. Owens that is adjacent to his establishment. The anticipated closing on the property is Apri130, 2001, but he would not take possession until July 2001. He has submitted an application for a new "off-sale" liquor license. According to City Code, Subd. 43, Liquor Licenses, Section 43-73, a public hearing must be held on new liquor licenses and heazing notice published 10 days before the hearing date. RECOMMENDATION: I recommend that public hearing be set for April 17, 2001 at 7 00 p m. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion setting the public heaiing for the new license for Tuesday, April 17, 2001 for 7:00 p m iJ - _ .. . - ~ ~ 1 ~ ~ .= a :! !~,~~'' _ s March 28, -2001 ~ s APR 0 2 2001 • , City of StiAwater ' Mayor and Council_ ~ - - _ 216 North 4"' Street _ , - Stillwater, MN 55082 - , • _ _ •, Dear~Ma~or and Council, _ ~ ~~ ! ~ Hope House of St. Croix Valf~y, located at 451 North Everett Street / - in Stillwater, would like to Bequest the closing of North Everett ' _ _ ~ ' ~ Street at 1Alest i.inden Street to west L'hen"y Street, • '- 1 I~ • including VYest Cherry Street to the dead end, on May 12, '~ ~ 2001. Vue are making this request to enable us to conduct our '~ annual fundraising auction. We would like to have the street closed by 7:QOam. Our business will be finished by mid-afternoon and we agree to reopen the street at ~or before 4:OOpm. T , _ , r ~ In the event this request is granted we will need to have ~' information regarding the borrow, lease or sub-contract of ~ - barricade>; for the street closing. Hope House will take , ~ ~ responsibility for picking up, placing, removing and returning the I '~ barricades on May i2, 2000. ,~ ~ , ' On behalf of Hope House I inEOUld Itke to thank you for your consideration'on this matter. Please'contact me at 351-0496 with ~ ~ ~ ~ ~ any questions. , S' r -Scott Za_ ren - ' Executive Director ~ - _ ~ ~ - .• HOPE HOUSE of St Croix Valley , , 451 No Everett St _ 5tiliwater, MN 55082 (651) 351-0907 - ~, ~ _ FAX (651) 351-9510 _ ,~ E Mail ~ouse9C~A0L corn ' ~ ~ ., ~ - - ~ - ~ "' Hope House of 5t Croix Valley provides anon-judgmental home and compassionate care that respects the dignity of people living with HlV/AIDS" ~t ~ ' _ .~ A ~' '~ Nile Kriesel From: Michael Surface [Michael Surface cLDco Washington mn us] Sent: To: Monday, A n102, 2001 1004 AM lobal net hard@att net tcsaeds@att truant699 ~aol com rde a~arest or , g , r , p g, ~ pp keckles@ci strllwater mn us, kkallestad@cr strllwater mn us, nknesel@cr strllwater mn us, tthomsen@ci strllwater mn us, Larrywhrttaker~crtyofafton net, Don tones(dlco ramsey mn us, David Brrerley, Doug Fischer, Stuart Glaser, Judy Johnson, Bernie Morency, Steve Pott, Cindy Weckwerth, ddally~cottage-grove org, amomson@crossnet org, brhanson(i~mnrnter net, cvs@pressenter com, Idauffenbach~strliwater cr us mn, mark a koenrgQusace army mr/, citybayport@uswest net, darnel p kagley@xcelenergey com Cc: Lowell Johnson Subject: Darcy River Summary Washington County Flood Group, Below you will find the Daily Rrver Summary for April 1, 2001 Thrs informafion rs received through EMWIN rn our EOC As I receive this flood information I will email it out to you If you would Irke to add someone to this email Irst, please let me know If you would Irke to recerve this information via fax, please let me know With todays weather and the long term forecast of April showers we should continue preparing for flooding issues If you have any questions please feel free to contact me Mike Surface Emergency Management Specialist New phone number 651-430-7636 Direct Fax to Office and EOC 651-430-7623 SRUS43 KMPX 011538 RVAMSP MNZ054-056-059>065-067>070-073>076-078-083-WIZ023>024-026-028-032- 021500- DAILY RIVER SUMMARY NATIONAL WEATHER SERVICE TWIN CITIES/CHANHASSEN MN 020 AM CDT SUN APR 01 2001 ALL STAGES ARE RECORDED IN FEET FORECASTS ARE ISSUED DAILY FOR NAVIGATION ON THE MISSISSIPPI RIVER AND FOR SPECIAL INTEREST LOCATIONS SUCH AS STILLWATER AND JORDAN FORECASTS FOR OTHER LOCATIONS WILL APPEAR IN THIS PRODUCT ONLY WHEN THOSE LOCATIONS APPROACH OR ARE FORECAST TO APPROACH FLOOD STAGE STATION FLOOD TODAYS 24HR FORECAST LOCATION STAGE STAGE CHNG MON TUE WED THU FRI MISSISSIPPI RIVER ANOKA MN 838 MINNEAPOLIS 16 6 0 0 2 5 7 5 6 5 8 6 0 6 4 DATUM 794 30 ST PAUL MN 14 39 02 39 41 42 47 54 DATUM 68416 HASTINGSTW 15 50 02 52 55 57 61 65 DATUM 670 65 RED WING TW 668 9 0 0 6691 669 5 669 8 670 2 670 7 RED WING MN 14 29 02 32 35 38 49 59 DATUM 665 13 MINNESOTA RIVER MONTEVIDEO MN 14 41 01 DATUM 909 12 GRANITE FALLS 888 NEW ULM MN 796 ANKATO MN 17 7 2 1 8 ATUM 747 92 ENDERSON MN 729 720 3 2 0 JORDAN MN 20 9 6 0 8 101 10 3 11 3 12 9 15 0 DATUM 690 00 SHAKOPEE MN 703 SAVAGE MN 698~0~\/4 a ti a M ~ `~ ~~ ..ST CROIX RIVERS '~` /~~ ~'/ ~~~'' /~/ STILLWATER MN (~87 475 7 01 (P76 0 (P76 2 lr76 7 (Q77.7 (,78 6 DATUM 600 00 ..CHIPPEWA RIVER EAU CLAIRE WI 773 DURAND WI 11 3 4 -0 8 DATUM 694 59 .SOUTH FORK CROW RIVER DELANO MN 8 1 0 0 4 DATUM 904 85 ..CROW RIVER ROCKFORD MN 10 2 5 0 3 DATUM 893 08 ..REDWOOD RIVER REDWOOD FALLS 6 5.0 MANUALLY OBSERVED READING DATUM 972 33 STAGE MAY FLUCTUATE DUE TO ICE COTTONWOOD RIVER NEW ULM MN 11 8 2 1 1 DATUM 796 83 DATUM + GAGE READING =MEAN SEA LEVEL ELEVATION OF WATER SURFACE THE PRECEDING FORECASTS ARE BASED ON THE CURRENT RIVER LEVELS RECEIVED AS OF 7 AM TODAY AND FORECAST PRECIPITATION THROUGH 7 AM TOMORROW YOU CAN GET BOTH RIVER AND WEATHER INFORMATION ON THE INTERNET • OUR INTERNET ADDRESS IS http-//WVWV CRH NOAA GOV/MPX/ • 2 WASHIl~TGTON COUNTY COUNTY BOARD AGENDA APRIL 3, 20013:45 P.M. + ~ °79 `" ~ 2 ~ ~ o~lo~"~~. ~IICI~ . ce3?~ s '" g~" r, ~ ~ s J r ` { . J < ~ 1 n °` ° ~ _, ~ ~ . ce ~ . : ~ _ 4 S. ~; .._v r +~ i e o 4+ a.Y `~~ ~~ ,~~~ ~ ° ~, «~ v _ . P .,~: err G ~ _ 1. 4:30 Roll Call Z. 4:30 Comments from the Pablic tHnnb C HtrpMrp t 2 w.ny nbrehrmm~ DisMe:t 3 ~,.. t-.ne~oee Cide t,^tftaa Yesetors may shore thevconcernsmth the CountyBoard of Commrsseoners on oery Item on or not on the agenda The Chairwelldu ect the CourrtyAdmmrstratortoprepareresponses toyourconcerns You are encounrged not to be npeddousofprevious speakers and to Irmrt your address to five mrnxtes The Chaerreserves the nght to hmet an endevedual }presentadon of et becomes redundant repeddve; emdevant, or overly argumentodve ?Tee Chmr may also Itmet the number of mdtvrdual presentadonson any rssue to accrommodatethe schedrded agenda rtems 3. 4:40 Consent Calendar 4. 4:40 Community Volunteer Service -Louise Jones, Board President A. Proclamation - Apri122-28, 2001 National Volunteer Recognition Week B. Community Involvement Awards 5. 5:10 Pnblic Health and Environment/MN Extension -Chuck Leifeld Recognition of Two County 4-H Club Nominees for AMC 4-H Community Leadership Awards 6. 5:25 Financial Services -Edison Vizuete, Director r Refunding of the 1992A Series Bonds 7. 5:30 Assessment, Taxpayer Services and Elections -Molly O'Rourke, Director 2000 Annual Report 8 5:45 Community Services -Dan Papin, Director A. Ramsey County to be Lead Agency for East Metro SAIL Froject B. Policy Change by DHS Related to Allocation of Waivered Services Resources 9. 6:05 General Administration -Jim Schug, County Administrator Legislative Update 10. 6:15 Commissioner Reports -Comments -Questions 71as penod of dine shall be used by the Commrsseoners to upon to the full Board on commtnee ocdvedes make ~enmevets on matters of uetarstandurformadou, or raese quesdonsto theataff ?hcs acdon r~s erot intendedto result in substandveboardacdon during thes time Aeryaedon necessary because ofdiscwsro» xvll beschedu/edfora futureboa-d meedng 11. Board Correspondence 12. 6:35 Recess 13. 6:45 Reconvene in Executive (Closed Session) with the County Attorney Discuss Strategies Concerning the Pending Litigation Against BFI Inc. 715 Adjourn ***MEETING NOTICES LISTED ON BACK*** As~sdve &stesnng devices ms avsdsb/e /a use m the County scald Roon- WASHIl~TGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR APRIL 3, 2001 The following items are presented for Board approval/adoption: • DEPARTMENT/AGENCY ITEM Administration A. Approval of the March 13 and 20, 2001 Board Meeting minutes. Financial Services B. Approval of Financial Services policy changes. Public Health and Environment C. Approval ofresolution proclairning Apri12-8, 2001 as National Public Health Week in Washington County. D. Approval of contracts with the Cities of Bayport, Forest Lake, Grant, Lake St. Croix Beach, Lakeland, I,alceland Shores, Marine on St. Crouc, Oakdale, Fine Springs, and Saint Mary's Point for individual sewage treatment system permitting and inspection. E. Approval of contracts with Home Health providers for services to eligible Washington County residents: REM, Lakeview Home Care, Fairview I.ake~s Regional Health Care (Home Caring and Hospice), Equity, Care Plus, Becklund Home Care, Alliance and Integrated Home Care. Sheriff F. Approval of resolution recognizing the Public Safety Dispatchers in Washington County m honor of Public Safety Telecommumcahons Week, Apri18 -14, 2001. Transportation and Physical G. Approval of resolution terminating the Uniform Street Naming and Numberiri~ Development System Agreement with the City of Lake Elmo. H. Approval of resolution, awarding sand material to Aggregate Industries and Miller Excavating, Plant mixed biturmnous material to T.A. Sclifsky & Sans, Tower Asphalt, Commercial Asphalt Co.; and or plant mixed bitiuiiirious surface in place to Tower Asphalt, Inc. and Bituminous Materials, Inc., the lowest responsible bidders conditioned upon the execution of a contract as required by law. *ConsmtCakndarrtemsaregenasllydeSnedas~temgofroutmebusmess,notrequffmgd~scoss~on,andapp~rovedmomewta Cao~aas may elect to pnIl a Caoseat Calrodar acm(e) for d>scnss~on and/or separate action w~~*~:**tr***•~*~tts:**s~r***+r*w****t***t**~*#,r,-*sw*,r*****~#*,~rr:~****,er MEETTr1G NOTICES Date Committee Time Location Apiil 3 Interviews with Applicants for the Bmwn's 2:30 pm. Washington Cou~y Government Ce>iter Creek Watershed District Board of Managers April 4 Plat Commission 9:30 am. Washington County Governmcat Center Apn7 4 - Metropolitan Counties Fnergy- Task Force 9:00 a.m. 125 Charles Avenue - St. Paul Apri14 Metropolitan 911 Executive Committee 10.30 a.m. 2099 University Avenue West - SL Paul • Apn15 Internal Audit Advisory Comrrnttce 4:00 pm. Washington Couirt Goverment Center Apn7 5 Minnesota Extension Comanttee 5 00 p m 1825 Curve Crest Boulevard - Shihvater STILLWATER TOWN BOARD MEETING ~tarch 22, 2001 Town Hall PRESENT: Chairperson Ken LaBoda, Supervisors Sheila-Marie Untiedt, Duane Laabs, Jim Doriott. Also, Planner Meg McMonigal, Attorney Tom Scott, Treas~irer Warren Erickson. 7:00 P.M. 1. AGENDA - M/S/P Untiedt/Laabs moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Doriott moved to approve the 3/8/01 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER - 1. Claims #887 thrti #912 and checks #15154 thr~i #15179 were approved for payment. 2. Report of balances for February given. 3. Mileage reimbursement has not been checked out yet with I.R.S. 4. One firm that specializes in audits has been found so far. None in Stillwater. 4. ATTORNEY - esponse to the attorney's letter re: the Adams' driveway. • The attorney will try again to motivate them before revoking their building permit. 2: Duane Laabs spoke abort the county hearing re: the moratorium lawsuit. The judges' decision will be forthcoming in dt~e course. 5. PLANNER - 1. The planning commission's proposed zoning ordinance amendment re: wireless communication facilities was thoroughly discussed. The planner will incorporate and edit as decided by board members for presentation at the next town board meeting. (see attached amendments) 2. Trail Sections - M/S/P Untiedt/Doriott moved to adopt the multi-p~irpose trail section. (4 ayes) 3. Incinerator - Washington County is requesting that an animal incinerator be placed at the north shop on Myeron Road. Meg will look into the matter. 6. PEOPLE - 1. Eileen Sexton presented her position re: increasing notification distance to adjoining entities and restricting-towers-along the St. Croix River. - 2.- Jim McGreevy (Voice Stream) believes the ordinance is highly restrictive and states a number of provisions are objective and subjective. His suggestions were reviewed and are reflected in the amendments. • 3. Pail Roelandt (Nationai Park Service) discussed monopole, height, annual reports and equipment updating being required when technology permits. Stillwater Town Board Meeting - 3/22/01 7. COMMITTEES - Sheila-Marie Untiedt gave a park report. Page Two 8. PARK - M/S/P Laabs/Doriott moved-that a mailing and material for a • noxious weed information seminar be prepared. 9. OLD BUSINESS - 1. Meg McMonigal will do background work re: green space. 2. Duane Laabs discussed an Internet site. 3. Brief town hall update given. 10. ADJOURNMENT - M/S/P LaBoda/Doriott moved to adjourn the meeting at 11:10 p.m. (4 ayes) Clerk Chairperson Approved • • TOWER ORDINANCE AMENDMENTS 1. Minimum lot size - 2 acres. Process for modification - no change. Replacement of towers - remove section. 4. Painting of Towers - Township may require towers and antennas to be painted. 5. Micropole - change definition to a self contained pole, a type of pole made with single shaft and the same diameter or tapers to the top made of wood steel or concrete and has no platform. 6. Maximum 20 feet above tallest strticttire. 7. Under (5) - add monopole. 8. Property line set-back (I) - 150 feet, (H) remove considered and add allowed as. 9. Visible from scenic highways and St. Croix River (1)c including Highways 95, 96 and County Road 15. 10. Definitions of Steath and camouflage (see examples). 11. Equipment in structure - change striicti~re to accessory building. 12. (Y) (b) - pole locate - remove. ~3. Hill build oiit requirement 9(E),15 - remove 14. Add 500 feet minimum notice. 15. Prohibit along SCR District - ~ mile set-back. 16. Existing significant gap (E) - no change. 17. Micropole System not pt~t in by planning commission - Meg and Tom will make changes and present revised ordinance to board at next meeting. Comments will be received i~p till 4/12/01. 18. 5 (P) - leave as is. 19. 3 (z) - Balloon test requirement - notification to include landowners and other appropriate agencies. 20. 6 (B) - remove. 21. 9 (E) 6 - What is a Viewshed Analysis Map - Definition - digital a (GIS) Geographical Information System. 22. 9 (H) - change coma to period and delete remainder. ~3. 9 (I) - done. 24. 9 (P) - no change. 25. 1 (J) - no change. 26. Preamble - add to ordinance. This Issue: Annual Meeting /Nature Insp:red Young Artssts /What's Happening /Arts Survey _ , 3 ?001 __,_ ANNUAL MEETIl~TG ANNOUNCED _ By Dawn Aerts ` The River Valley Arts Council (RVAC) invites members, guests, artists and arts orgarnzations to attend its Annual Membership Meeting on Thursday, March 29th, from 7 to 9 PM at Chrisf Lutheran Church in Marine on ~t Croix The event will feature INe music by Savanna Blue, refreshments, an exhibit and a silent auction Special guests and speakers will be year 2000 grant recipients including the Valley Chamber Chorale, the Oakdale and Forest Lake Parks Board (summer parks concert ser~es~, the Big Woods/Big Plains Native Amencan program and sculptor` Helene Oppenheimer, representing Amencan Sign Language arts program inSouth- Washington County '1X/e want this to be an evening where new and long term artists and members can come together fo show support for the larger arts commurnty," notes Board Member Robert Knapp "It will be a great time to network, hear about this yeas goals and those organizations who received granting assistance this year" The evening will also hi light new arts-based rograms funded for local " elementary schools, along v~nth early results .. _ -- "~ of the Census of Arts Survey deinrered by _ . 5 ' Board Member, Norm Steere ~r '~ This annual event is an_opportunity to learn about current and future RVAC projects The evening, will begin at 7 00 p,m with remarks by nevGly~elected Board Chair, Karl Aaro, followed by announcements and guest speakers The eclectic jazz and blues sound of 'Savanna Blue will be featured from 8 i5to900pm S P R I N G ,2 0 0 1 1C~embers Meetsng set for Thurs ,March 29th, from 7 to 9 p.m. at Ghnst Lutheran Church, 150 So. Sth St, Manne on St Crorx Freends of the arts, members and guests are encouraged to contact the RVAC o Bice at 6514391465 to learn more about membership or to R S.VP their planned attendance at the Annual Meeteng SEEIaNG NATURE INSPIRED YOUNG ARTISTS By Ann Gonzales The Freends of Stillwater Parks envetes youth of all ages to parttcepate en the upcoming annual Park Art Exhibit for Young Artests Students from K through twelfth grade are asked to submit er~trles relating to the theme, "Fun, Beauty and Enjoyment of Stillwater Parks and Rlatural Areas° _ Work submitted may be In any medea encluding drawings, paentengs, three demenseonal art, clay, cartooning, poetry stones, etc This will be a great opportunity to showcase the createvety and artistic talent of our youth while promoting our beautiful parks We also hope to promote the theme en artistic expresseon of outdoor play and recreation, as well as increase general interest rn Stlliwater'S parklands To enter, please submit your artwork Apr~i 1-Z4 at Createve Art Supplies, 1250 Frontage Road West In The River- Height's Plaza Hours are Monday through Friday, 10-6 pm and Saturday, 9-4 pm Entries must be labeled with a 3 X 4 inch white paper label on the right front of each peeve of art work and must include the following enformateon title of entry, location being depicted, nar'ne of artest and school and grade The Park Art Exhibit WIII be shown on the lower level of Lakeview Hospital en Stillwater dureng May All entrees related to the theme will be exhebeted Several entries well be selected for Honorable Mention and well be exhebeted dureng the Stillwater Art Crawl en June The RVAC Members Show will be exhebeted on the upper level of the hospital In May as well For lnformateon or to volunteer with the exhebet, please feel free to calf Judy Gulden at 6511F39-8368 RVAC PATRONS/MEMBERS Ellen Merril Carl Erickson Karen Underhill Stephen Gates Krista Spieler Debra Korluka Barbara Johansen Brian Croone Rose Mingo Kate Christopher Barbara Alter Mona Bane Kohout Judy Dannholz Nancy Watefield Barbara Krinke L¢ Charbonne~u Muriel Hackney Carol Insley Yvonne Danielson Carol Carver _ Nancy Saathoff Glenda BJorum Judy Appel Gilbert Gragert Carol Schuster . - Anita Buck Chuk MarshaA Linda Moses Lea Kasun _ Andrea Tipple Kelly Davis ~ ;!^~, ~ ~ Gallery Print J P Laskin ~G~ ,~ J/~ ~ ~~ Lakeview Hospital ' Mane Truro > ~1j' i ' Susan Engelking , ii ,l ~ r ' ~~/- Robert Brown ' ~/r` David Moms UFE, Inc Thomas Murrary Galleryprint Ann Gonzales Kathleen Lock & Michael Coomes Kathleen & Tom Macy Hanrest Moon Communry Farm Ann Rinkenberger Elizabeth & Neal Johnston - Debra & David Beaudet C Robert & Cammie Beattie Kenn & Kathy Ryberg David & Marlyn Palmer White Bear Area Choral AssoclaUOn John Spaulding & Cechy Callahan Spaulding Stillwater Good Samaritan Center Randy & Sharon Raduenz ftillwaterArt Guild Gallery Jim & Renee Engebretson Amy Whotter & Denrns Ryan Mick & Marge Danhoff - ~sa & Robert ScMesinger Lynn Raarup & Allan LaVd6er • Jean Hamm & Arriape Rivard Kelly Jon, Anne, Michael & Grace Gutierrez :Jill Greenhalgh & Rolf Dittmann Brace & Danielle Dennison Donald Empson & Kathy Vadnais Sue Rowe & Todd Reich Bob & Tern QatTney Bruce & EI¢abeth Deger Jrm & Nancy Whipkey John & Jane Sweeney Jerry"-& Dawn Aerts Nancy & Bob Morrow Sandra Karma & Terry Oualey Suzanne & Richard Johnson Judith & Ralph Larson Carol & Joel Skinner Greg & Kathy Hartman Connee & Fuller Cowles Dave Carote & Emma Hurley _ Todd & Magone ~Iliams M L Rice & Jim Gorski Curt & Mary Jo Jackson Valley Art Group Ann Swanson White Bear Choral AuoClatlOn Spothght Dance Studio The Farmer Family Kellison Company Pearl Lemieux Andersen Corporation Karl & Lisa Aaro Lowelia M Stevenson Zits Miller Rita MacDonald Margaret Tuenge ~(ergal Buescher Vi Russell L Patricia Albertson Clement & Marilyn Dove Thomas Murray Susan Haugen Joy Virden Margie O Loughlin Joyce Ells Jane Dierberger Lisa Schlingerman Richard Wdberg Phyllis Hunter Ron & Joyce Van Zee ° Jay & Cathy Sleiter Tim & Kathy Harding - Craig Campbell Deb & Phil Flodin David & Ann Bucheck Jay & Teresa Libby Jrm & Marge Wade Helen Fayerweather Mary Honetschlager ' Elizabeth Buckingham Robert Knapp Norman Steere kirah J Andersen Dave Spencer Kelly Davis Ken & Karen Hannah Jammi HanserJ Blair Northern vnyards RVAC also thanks the tollowingFoundations and organizatwns for their financial support Andersen Foundation Bayport Foundation pity C>f Stillwater Hugh J Andersen Foundation Margaret Rroers Fund Target ' St Croix Foundation St Croix Valley Community Foundation Metropolitan Regional Arts Counnl WHAT'S HAPPENING AT RVAC By Robert Knapp Things are moving along quite briskly for RVAC in 2001 We have moved into new offices located in the upstairs of Stillwater's newest bookstore, Loome Antiquarian Books at Z01 S Main Street Stop by and see the space Our elected officers are Karl Aaro (Chair), Robert Knapp ice Chain, John Spaulding (Secretary, Sue Keller (treasurer) There are five fully functioning committees which include Executive, Education, Outreach, Events, and Communications Two of our board members actively involved in the Greater Stillwater Chamber of Commerce, one is on the Minnesota Regional Arts Council board, a board member actively becoming a seasoned thespian, a board member involved with the Valley Chamber Choral, and a board member involved with Cl'uilts Midwest Plans are being finalized for the Annual Meeting" on March 29 (see lead article, the 2001 Stillwater Art Crawl in June, the Lakeview Hospital Members Show in May, and a Fall fundraising event We also collaborate with many local organizations to nurture, develop, and support various arts activities in the community I promise, you will see more of RVAC in the future, if you haven't already This is a very exciting time at RVAC and for the arts rn the Valley. If you wish to be involved as a volunteer or wish to contribute to our mission, please call the office or visit us at www rvac org It is quite evident that truly we are working with our mission in mind "to help ensure that experiences in the arts are accessible to every individual in the St Croix Valley " Loome Antiquarian Bookseller, hosted an Open House for Greater Stillwater Chamber o f Commerce and River Valley Arts CouncYd Board Members on March 1. Photo (Left to right) John Spauld:n~ Dawn Aerts, Norm Steere, Jerry Broum, Ann Gonzales, Dave Spencer, Dave Dunker, Lynn Raarup, Thomas M Loome,(foreground) ARTS SURVEY & RESULTS ~~ _..' ~ `_' ~~; 3`'~"` ^^--* By Norm Steere Irr ~i~ To help meet our goal of better serving artists and the public in St Croix River Valley, RVAC delivered a Census of Arts Interests to everyone on the RVAC mailing Jist The Census was also posted on the RVAC websrte, publicized in the local newspapers, and distributed at Valley Bookseller, Creative Arts Supply, and the Courier and Gazette offices Over 150 Census forms were completed and returned to RVAC Artists' responses accounted for more than 50% of the returns, with architects, dancers, musicians, sculptors, painters, photographers, poets, writers, and video producers also represented Many of the responding artists expressed interest in participating in the 2001 Stillwater Art Crawl Valuable feedback was received from numerous arts orgarnzations from St Paul to Osceola Art teachers, arts administrators, and patrons of the arts also responded Vf/hen tabulated and interpreted, the results will allow RVAC to respond to artists and patrons on a wide range of subjects. Overall, RVAC will improve its services and better understand what the community needs in order to strengthen and expand local arts vpportunitres end experiences The Census will allow RVAC to compile more detailed and accessible source information about individual artists and patrons in the Valley If you failed to complete a Census of the Arts, please visit the RVAC website at .~~' www rvac org, pick-up a copy at one of four previously mentioned sites, or cell ;~~~'`\ RVAC at (651) 439-1465 Returns will be accepted until April 15, 2001 ' %f - ,) _ '.'`~ 11 NON-PROFIT ORG. US POSTAGE PAID STIt1WATER, MN - PERMIT NO 621 ,i,i„i,i,i},,,i„i„,i,t,i„il„i,ii,,,i,,,i,,,ii,il„.i„ii _ _ 4~1*~`^^R~`~`~`~^~~#*^~***5-D1G1T 55082 ~~Y KIh1BLE 216 4TH ST 11i _ STiLLV1iATER MN 55082-4807 UPCOMIl~TG ARTS EVENTS IN THE VALLEY March 5 -April 15 ^ The Phipps Center for the Arts opens Alchemy, Amulets, and Attars A reception, with a chance to meet the artists will be held on Sunday, March 18th from 2 - 4pm, call 715-386-8409 March 30, 31 ~ April 1 ~ ^ Weekend Arts Retreat for Women, Wilder Forest, north of Stillwater March 31 "Stolen Dreams", Music of total composer Thomas Murray, performed by vocalist Debra Kotulskr, at the Phipps in Hudson, 8pm, Ticktsts $10, Call 715-386-8409 - April 6 ^ GALLERYPRINT opening reception at 316 N Main St ,Stillwater, from 4 - 9pm, Featuring;,the works cJf Chico Seay, Richard Drury, Bill Sosrn and David Winston, call 651-275-1391 April 7 ^ The White Bear Area Choral Association "Poets & Storytellers°, at St. Andrews Lutheran Church, ~- Mahtomedi, 7 30 pm, Admission $8, Children under 10 Free _ - , April 27, 28, 29 ^ The Valley Chamber Chorale °Cabaret Concerts" at Strllwater's Historic Courthouse May ^ Fnends of Stillwater Parks "School Art Show" .at Lakeview Hospital the entire month ,May 3 ^RVAC Members Show at Lakeview Hospital, opening reception N{ay 3rd, show runs the entire mont May 5 ^ Landscape Watercolorist Lucette Bourdin Gouache, opening reception at Northern Vineyards Gallery, 402 N Main St , Stillwater, b - 8pm, call 651-430-1032 June i 5 & 16 ^RVAC Stillwater Art Crawl & Taste of the Valley, June 15th, 5 - 9pm, and June 16th, 1 1 am - 5pm c c y/3/~ ~ ' - _ J MAC i 9 2001 E~ ~. f IVlarch 16, 2001 City of Stillwater Attn. 1~Iayor ?ay I~mble 216 ~ 4th Street Stillwater, MN 5082-4807 CITY OF sxo~E~~ooD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (9521 474-0128 • www c, shorewood inn us • cityhallC~ci shorewood inn us Re Request for Support of Legislation to Restnct Sale of Phosphorus Lawn Fertilizers Dear l~iayor Kmzble- This letter is offered m my capacity as the l~iayor of the Crty of Shorewood requesting your support for legislation this session restncting the use and sale of phosphorus lawn fertilizers throughout the State Shorewood is workms m concert with many cities, the btinnesota Association of Watershed Distncts, the Minnehaha Creek Watershed Dismct, and counties and agencies in supporting statewide limitations ors • the use and sale of phosphorus lawn fertilizers. I have enclosed a draft form of resolution I request you submit to your council for approval and return to- me at the Crty of Shorewood at your earliest convemence.• I have also enclosed a summary of points to consider in discussing this issue locally I would be more than happy to meet with you or your city council to discuss this request in greater detail This legislative initiativ e is underway and a timely expression of your support will greatly enhance the likelihood of success Additionally, a call or a-mail to your legislative delegation in support of this effort would be appreciated. Should you have any questions, please feel &ee to contact the Shorewood City Admimstrator, Craig Dawson, at (952) 474-3236 or me at (952) 470-252 Sincerely, ,~ ~~ Gt/ Wo y Love, Mayor CITY OF SHORE~VOOD limb • nclosure ODy[A`PCDOCS LiBI'66061~'1 is :« ~RIYTEO ON 9ECYC~eO PA?~F PHOSPHORUS LAWN FERTILIZER LEGISLATION PON'TS TO CONSIDER • • Approximately 80% of lawns In our regaon have naturally very high levels of phosphorus Over 75% of homeowners fertlhze then lawns with phosphorus two or more times each year • Phosphorus is the nutnent which limits algae growth In lakes One pound of phosphorus will grow 300 - X00 pounds In algae blooms • Phosphates were removed from soaps and detergents almost 30 years ago based upon adverse :mpact~ on wat°r quality • On average, It costs 5375 to remove one pound of phosphorus from runoff water • Proposed restnctlons are limited to lawn fertilizers -not agricultural or gardening uses • Proposed legislation has reasonable exceptions for establishment of new turf and demonstrated lo~v phosphorus soils OD~fA~PCDOCS\LIB 1 \659297.1 C: • ;~ A RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS WHEREAS, the City of Stillwater is tributary to significant fresh water resources, and WHEREAS, there has long been established a well documented relationship between the use of phosphorus lawn fertilizers and the degradation of water quality, and WHEREAS, as a matter of policy, the City of Stillwater desires to reduce the use of phosphorus lawn fertilizers, and WHEREAS, subject to unique circumstances, regional soil conditions have an abundance of natural phosphorus, and WHEREAS, industry leading fertilizer manufacturers and retailers have failed to produce and market low phosphorus lawn fertilizers to the public, and WHEREAS, over two decades of public education has had mammal effect when m competition with corporate advertising and their refusal to formulate to local needs, and WHEREAS, the City of Stillwater finds it important to encourage the reduction m the use of phosphorus lawn fertilizers, and • NOW, THEREFORE, BE IT RESOLVED that the City Council of Stillwater declares its commitment to phosphorus lawn fertilizer reduction by encouraging the adoption of legislation restricting the use and sale of phosphorus lawn fertilizers BE IT FURTHER RESOLVED, such legislation should require that displays of such fertilizer must be clearly marked as contaimng phosphorus, and must be separated from the display of other fertilizers, and that for each sale of such fertilizer the seller must provide the buyer with a copy of the appropriate punted consumer information BE IT FURTHER RESOLVED, the City of Stillwater does request and encourage its state legislative delegation to consider and enact legislation to regulate and lariat the use and sale of phosphorus lawn fertilizers ADOPTED by the City Council of Stillwater this 3~a day of April, 2001. Jay Kimble, Mai or ATTEST n U Diane Ward, City Clerk A • BROWN'S CREEK `~/3l0 ~ WATERSHED DISTRICT 1825 Curve Crest Boulevard, Stillwater, MN 55082 Te1:651-430-b826 Fa.Y: 651-430-6819 AGENDA REGULAR MEETING OF THE BOARD OF MANAGERS March 26, 2001 1. Call to order @ 6 30 P M Board Meetings aze held at 6.30 p m, 2 Approve Agenda at 1825 Curve Crest Boulevazd, _ Stillwater, MN 3 Approve minutes of Mazch 12, 2001 meeting 4 Treasurer's Report 5 Watershed Management Plan a) Discuss BWSR guidance regazding the enlargement azea for the BCWD b) Continue discussion regazding a process for evaluating community-based issues, concerns and protect recommendations for the plan c) State of:Muinesota Appeals Court Update re the enlargement petition legal action 6 Protect Review and Updates a) THPP Protect Update -Sale of Excess Property -Update • b) Kismet Basin Easement and Pemut Update 7 Rules/Perwts a) City of Stillwater Water main -Permit OI-02 -Action b) Settler's Glen 00-01 (Formerly Coves of Stillwater) -Stillwater -Update c) Virginia Plat -Grant -Update d) Pony Express Car Wash - Oak Pazk Heights -Update e) Liberty on the Lake - 5`~ Addition -Stillwater -Update f) Sawmill Golf Course -Grant -Update 8 Old Business a) Discussion of Resolution 99-11 b) Joint Boundary Change Petirion -Update 9 New Business a) Discuss outcomes of Joint Workshop with City of Stillwater b) Discuss direction of first meeting of Groundwater Advisory Committee 10 Communications & Reports 11 Executive session, ifrecluired 12. Adtournment • :Managers: Craig Leiser, President • Karen Kilberg, Vice-President E J Gordon, Treasurer Don Peterson, Secretary ,~ BROWN'S CREEK WATERSHED DISTRICT 1825 Curve Crest Boulevard, Stillwater, MN 55082 Tel: 651-430-6826 Fax: 651-430-6819 Minutes of the Regular Meeting of the Brown's Creek Watershed District Board of 1~Ianagers, February 26, 2001 Washington SWCD Offices 1825 Curve Crest Boulevard Stillwater, MN ROLL CALL Present. Craig Leiser, President Others Present: Kazen Kilberg, Vice President Ned Gordon, Treasurer Don Peterson, Secretary Call to Order Meeting brought to order at 6.37 P M. APPROVED Mazk Doneux, Administrator Camilla Correll, FOR Cecilio Olivier, FOR Pat Conrad, FOR Louis Smith, Legal Counsel, Smith Pazker, P.L.L.P. Dawn Hilde, Recording Secretary Karsten Nesse, Student Approval of Agenda The agenda was amended to include Community Comments under Sb, The Rice issue was added as 7c, Mark Doneux asked that the Landlocked Basin Meeting be added under Communications and Manager Peterson asked for an addition to 8 - A general discussion on Rules/Permits before the development reviews. Manager Gordon moved to approve the amended agenda, seconded by Manager KilberQ MSP 4/0 Reading of Minutes and Approval Manager Gordon moved to approve the amended Minutes of Feb. 12, 2001, seconded by Manager KiIberg MSP 4/0 Treasurers Report -Manager Gordon Manager Gordon is continuing his search for a computer and program for BCWD accounting. Manager Gordon presented a list of pavables and moved to pav these items. seconded by Manager Leiser MSP 4/0. Manager Kilberg requested Manager Gordon prepare a complete accounting of total fees charged for DeWolf easement by Smith Parker This would include the appraisal fees C~ • • February 26, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 1 of 5 The balance in the bank at this time is 5120,517 26 with a CD in the district name for an additional 5100,000 • Water Management Plan a)Community Meetings Update Camilla Correll has completed the Capital Improvements letter, which will be sent out to alI the communmes, and has been approved by Manager Kilberg The Board asked that the Capital Improvements responses from the communities be delivered to the SWCD no later than March 22. The responses will be discussed at the Mazch 26's meeting. Camilla will be making these date changes and sending the letter out. Manager Kilberg asked Camilla to please contact the communities who have not responded by the 1~th to remind them of the deadline. Louts Smith, Smith Parker asked the Board what were they going to do with the collected list of Capital Improvements from the local communities. Manager Leiser replied that after the plan is completed the BEWD would look at the list of capital projects and evaluate pnonries Manager Leiser requested that Camilla Correll and Cecilio Olivier, EOR, prepare a statement for the final plan idenrifjnng a prionty strategy for determining which capital improvements will be identified as potenrial future projects. Louis Smith asked the BCWD if someone at BWSR had signed off in writing about these capital project lists? The immediate answer was no, but the direcrions given for preparation of a focused plan indicated that a reduced listing would be acceptable, at least until the consolidation of BCWD and Middle St. Croix is unplemented. Camilla Correll, EOR, presented a table of the comments from the community meetings including the May Township meering Several questions to the table were highlighted for discussion. After much discussion, the BCWD decided not to include the comment table in the Addendum of the Second Generation Report. Manager Leiser requested that details of the community meetings be • included in the final plan The BCWD decided to send the second draft of the Second Generation Plan only to the agencies. Final Plan to BWSR, libraries, and one copy to each community b)BWSR Guidance Regarding Enlargement Area Mark Doneux has talked with Phtl Belfion, BWSR, about the inclusion of the enlargement area in the Second Generation Plan. The direcrion from BWSR was to include this area in our Second Generation Plan We must include the new azea in our plan to ensure our ability to tax the whole watershed. Louis Smith, Smith Parker, stated, that in his opinion, the BCWD can tax the whole combined watershed and our Hiles apply to the whole combined watershed Manager Peterson -Stillwater has requested a workshop with the Board to discuss several of their concerns Manager Peterson suggested a Saturday meering Phil Belfion, BWSR, offered to be a facilitator for this meeting. Manager Leiser asked Manager Peterson to look for an available evening to have this workshop instead of a Saturday If nothing is available, he will attend a Saturday workshop Manager Gordon will also try to attend. Manager Leiser stated there is some confusion between BWSR and the BCWD as to when the enlargement area should be included in the Second Generarion Plan Phil Belfiori, BWSR, will appear at the next meeting to explain BWSR's viewpoint The BCWD has understood that tt has two years to create an amended plan to include the enlargement azea. July 1 is a taxing deadline for the watershed The precise legal descriptions have not been done so there could be some problems with the enlargement area. • February 26, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 2 of 5 c) BWSR Grant -Camilla reviewed the grant It states that we would identify a site to practice infiltration practices, etc ,and to work out all the details but not do the construction. Camilla has • submitted the application for this grant. If we receive the grant we will have to decide on whether we want to match this grant and foilow through. Manager Laser asked Camilla to work with Mark Doneux in identifying several potential saes for this grant. d)Camilla Correll will send out the redlined Second Generation Plan to the Managers as soon as it is ready After reviewing the changes, the redlines wiil be discussed at the next Board meeting Water Governance Study a)Water Consortium Update Mark Doneux stated that the consortium was an idea that came out of the water governance study. The purpose is to get an ad hoc committee organized, and address the following issues: flood plain mapping, GIS mapping, rules, and groundwater studies. The concept is to disseminate information to surrounding areas. Manager Leiser, who attended most of the Water Governance meetings on behalf of BCWD, also stated that the intent of the Water Consortium was to first circulate what appeared to be good ideas for consideration and secondly to guide more cost effective utilizations of resources rather than having multiple replications in each Watershed Distract. Project Reviews and Updates a)THPP Project Update Lueck Property. Mazk Doneux stated that at the last meeting there was some discussion about what information we would need to sell the Lueck property The primary concern was the access to the property. Lows Smith, Snuth Pazker stated that the railroad easement does not specifically state an access over the railroad's property. Railroads grant licenses not easements to cross their properties. There should be no problem gaining a license but there might be a yeazly fee. Since 1910 there has been • an access that has been continually used. The present owner would have to get a specific new license from the railroad. Louis Smith, Smith Parker suggested that the BCWD find out what the gas company paid for a license. He also suggested that the BCWD contact the raihnad and ask for a license in the watershed's name to cross their property. We could then tell a potential buyer what the license probably will cost. Louis Smith asked Manager Peterson what the road on the south could cost. He speculated about 10,000 00 for a gravel road, another $5,000 for paving. Condemnation commission will be discussed in Executive Session. b)Kismet Basin Update Pat Conrad, EOR, stated that he has started working on the easements and asked Lows Smith about the title work Mitch Johnson, a new engineer with EOR, will be working on the engineering for this project. Pat Conrad also stated that he met with Jyneen Thatcher, SWCD, about the potential wetland mitigation for this project Pat Conrad would like to set up a meeting with the landowners to discuss this project. Manager Leiser volunteered to organize a meeting and hold it in his home. The City of Grant would like information on the project. FOR will begin communication with the Grant Engineer Break at 9 20P M. Reconvened at 9 28P M c)Rice issue - An article appeared in Tuesday's St Paul Pioneer Press about the trials and trabulauons of the Rice family and their flooded property Manager Leiser stated that there were some inconsistencies in the article. Manager Leiser tried to clarify issues with the reporter but she had already turned the article in. Manager Gordon also teed, without success, to contact the reporter He provided copies of an a-mail clarification which he sent to the reporter • February 26, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 3 of 5 Ruies/Permits • Manager Peterson was concerned about the number of permits we wrll be handling in the near future. He expressed concern that this will be too heavy a workload for Mark Doneux and the BCWD will either have to ask the cities to do the permitting using our rules or hire someone to do the permitting Mark Doneux expressed that these permits need to take priority and there aze trine litnits for responses Another issue is the Enlazgement Area. There are some areas that are not real clear which watershed they belong in. This could lead to some complications in permitting He was also concerned with the development exemptions because they take a lot of work without any permitting fees. He stated that he could rely more on Emmons and Olivier to handle the reviews. The Board can charge the costs to the developers. The Board gave Mark Doneux approval to turn them over to Emmons and Olivier. Mark has developed forms to simplify the procedure and will provide them to Emmons & Olivier a) Settlers Glen (Formerly Coves of Stillwater) Cecilio reviewed a memo submitted by Chnsta Bren and himself. E6R has been in contact with the City of Grant and will continue to work with them A portion of the Stillwater AUAR Diversion will be constructed at the same time as Settlers Glen and is shown on Settlers Glen plans FOR has contacted and requested plans from the City and were informed that plans will not be available for 2 - 4 weeks. b) Liberty on the Lake - 5`~ Addiuon -This development had plat approval before we instituted our rules so it is exempted from storm water portion of the rules. At County Roads 12 and 15, there will be a wetland mitigation and the BCWD will be able to comment on the wetland. c) Virginia Plat (Grant) -Update Virginia Plat (Ceciho Olivier) 40 acres developed as home sites. Cecilio has some concern that rt may dram into the THPP project. There were several items missing from their permit application. FOR will not begin the review until the required items are recerved_ . d) City of Stillwater Utility Projects - Co. Rd. 15 & Boutwell Road water main. The City will need an erosion control permit. We aze not allowed to charge government agencies for permits. e) Pony Express Auto Wash is located within BCWD's jurisdictional boundary but is not part of the hydrographic Browns Creek Watershed. We will conduct a review per BCWD rules and incorporate Valley Branch comments. Old Business a)Approval of Professional Sernces Agreements Engineering Sernces. Emmons & Olivier. Memo circulated by Mazk Doneux with rnmments on _ Engineering contract by Chuck Holtman to cIanfy a few items in the contract. Manager Gordon asked for a pazagraph to be added to clanfy that the BCWD may have to go out for new engineering bids when the combined watershed is established CeciIio will see that this is done Manager Leiser moved to accent the En~ineering~Services contract as amended, seconded by Manaser Peterson. MSP 4/0 Leval Service. Smith Parker Manaser Gordon moved to approve the amended Smith Parker contract. seconded by Manaser Peterson. MSP 4/0 Manager Kilberg asked that a statement be included in the legal contract that all of their legal work for BCWD belongs to the BCWD b)Boundary Change Petition with Lower St Croix Valley (formerly Valley Branch) Watershed District Mark Doneux verified all these boundaries Chuck Holtman felt that there was a need to explain why each area ended up where it did Mark Doneux asked for approval to send this to Valley Creek and the three communities involved Manager Peterson moved, seconded by Manager Gordon to circulate the boundary information to the City of Grant. Lake Elmo and Oak Park Heights It was suggested to get approval from the Valley Branch Watershed before sending • the information out to cities MSP 4/0 February 26, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 4 of 5 New Business Mark Doneur stated that there was to be future workshop meeting to explain the natural resources • inventory to the CAC He would like to also have a CAC workshop to discuss the Water Monitoring Report Coutd these two meetings be combined Mark Doneux asked the BCWD Managers to consider this and comment at the next meeting Manager Lesser asked Cec~l~o Olivier if there is a way to measure water content of snow and how much time and money would be involved Cecilio stated that the water content could be measured and tt would take approximately a day's time. X500-600 00 The BCWD gave FOR permtss~on to take samples from the Goggins Lake area and measure the results to determine the potential volume of spring snowmelt runoff Communications & Reports The Landlocked Basin report will be discussed at a futtue meeting A letter from the County was noted asking for volunteers to fill the watershed boazd vacancy for the enlargement azea. A letter from the DNR was noted that stated the DNR was not interested in buying the Rtce property Meeting adjourned at 10 45P M. Executive Session Respectfully Submitted, Dawn Htlde, Recording Secretary • • February 26, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 5 of 5 fiAR-23-2©D1 11'55 CITr OF OPH P.02/04 CYTY O~ OAK )PARK II~IGI-ITS TUESDA.'Y, NIAI2CH 27, 200 CITX COUNCIL M~~'7"YNG .AGENDA x:00 P.M. 7.00 p.m T. Call to Order/Annroval o~ Agenda 7.05 p m. IX. DepartmentlCouncxl Liaison Reports A. Planning Commission B. Parizs Commission C Cable Commission D Water 1~lanagement Orgaxuzations 1 Biown's Creelz Watershed Distnct 2 Middle St. Croix Watershed District 3. Valley Branch Watershed Dzstiict. E. Other L:aison/Sta{f reports 7 10 p.m. IZI. V~s~tors/Public Comment Recycling Aaard (1) T'kie u an opportunity {or the public to address the Counc~ with questions or concerns on issuce not pax! o{ the regulsr a~cnda (Please l,m,t comments to 3 minutes in len~tk.) •7.15 p m. N. Consent Agenda (Roll Call Vote) A. Approve Sills ~~+ Investments B. Approval o~ City Councrl Minutes -Mardi 13, 2001 (2,) C. Approval o~ City Council Minutes -March 20, 2001 (3) D Receive Warranty Penod Correspondence (4) $. Receive Youth Sexvice Bureau Correspondence ($~ F. Resolution Vacating Drainage and Utility Easements Located wsthin Lot 2, $loclz 2, Jacob Addition (6) G Finance RecYuest For Purehase of Computers and Printez (?) H Payment 10 to Tower Asghalt, Inc. ~or 58`~ Street N. - Norell to Oahgreea (8) X. Accept Street Sweeper Proposal From St. Croix Sweeping (9) j Authorization to Advertise ~or Seasonal Worlxezs (10) 7.20 p.m V. Pudic Heann~s Kern Center On Street Parizing Ban 8.00 p.m. VI. New Business A. Minnesota Department o~ Health -Schedule ~or May 22, 2001 . B Audit Report -Schedule ~or A.pr~l 10, 2001 C. Bed and Brealx~ast Ordinance f1AR-23-2001 11 55 CITr OF 0PH 5-15 p m. VII. Old Business A Cit}~ Council Goal Settin~I"eam Building B Pariz~ Commission Recommendations 1 Bouts*ell's I_andin~ 2 Compreliens~.ve Parlx and Trail Plan S. Pursuit o~ Grant Opportunities C Public Institutional Zoning D Reaonxn~ Cod Estimates/Comp Plan Cliari~es E Brown's Creelz F. Xcel Enexgq Sann~s G Mayor's Request 9.00 p m. VIII. Adjournment .socin~yat~an~g of Jos.p~i s Famr~y Resfaursrf to faj~ew P 03iD4 • • • ~1AR-23-2©D1 it 55 ~IT~ OF OPH Clrt'Y COUNCIL CORK SESSION TUE Sl~AY, MARC~I 27, 2001 5:00 P.M. r ea~e~ 5:00 p m Crty Council Goal 5ettin~/ Team Building 5.30 g m. Adjourn TOTAL P 04 ~ f • NOTE TO COUNCIL: WE HAVE AN ACCEPTANCE OF Tf~ ENCLOSED AGREEMENT BETWEEN THE CITY AND THE POLICE SERGEANTS SUPERVISORY UNIT. I BELIEVE THE AGREEMENT IS CONSISTENT WITH COUNCIL' S PREVIOUS ACCEPTANCE AND DIRECTION. HOWEVER, I WOULD LIKE TO DISCUSS THIS FURTHER WITH YOU IN EXECUTIVE SESSION, AFTER ~-1 ~3~D1 t'~, THE 4.30 MEETING (5 TO 10 MINUTES, MAX! ! ! ), TO OBTAIN FINAL COUNCIL APPROVAL. THnrrxs ~~ • • • r1 L_J LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES POLICE SERGEANTS, LOCAL N0.254 • U • XXXXX, 2001 through December 31, 2002 • • TABLE OF CONTENTS • ARTICLE PAGE TABLE OF CONTENTS ............................................................................................................................................ 2 ARTICLE I PURPOSE OF AGREEMENT .......................................................................................................... 4 ARTICLE II RECOGNTI'ION ............................................................................................................................. 4 ARTICLE III DEFINITIONS ............................................................................................................................... 4 ARTICLE IV EMPLOYER SECURITY ............................................................................................................. 4 ARTICLE V EMPLOYER AUTHORITY ......................................................................................................... 4 ARTICLE VI UNION SECURITY ....................................................................................................................... 4 ARTICLE VII GRIEVANCE PROCEDURE ....................................................................................................... 4 ARTICLE VIII SAVINGS CLAUSE ....................................................................................................................... 4 ARTICLE IX SENIORITY ................................................................................................................................... 4 ARTICLE X PROBATIONARY PERIODS ...................................................................................................... 4 ARTICLE XI DISCIPLINE ................................................................................................................................... 4 ARTICLE XII CONSTITUTIONAL PROTECTION .......................................................................................... 4 ARTICLE XIII OVERTIME PAY .......................................................................................................................... 4 ARTICLE XIV COURT TIME ........................................................................................................................... 4 ARTICLE XV CALL BACK TIIVIE ....................................................................................................................... 4 ARTICLE XVI SICK LEAVE ............................................................................................................................. 4 ARTICLE XVII SEVERANCE PAY ................................................................................................................... 4 ARTICLE XVIII HOLIDAYS ................................................................................................................................ 4 ARTICLE XIX VACATION ............................................................................................._................................ 4 ARTICLE XX UNIFORMS .................................................................................................................................... 4 ARTICLE XXI INSURANCE ............................................................................................................................. 4 ARTICLE XXII LONGEVITY ............................................................................................................................. 4 ARTICLE XXIII MILITARY LEAVE .................................................................................................................. 4 • Page 2 of 15 • • ARTICLE XXIV WAIVER ............................................................. . ..................................................................... 4 • ARTICLE XXV DURATION ............................................................................................................................. 4 APPENDIX A .............................................................................................................................................................. 4 APPENDIX B .............................................................................................................................................................. 4 • • • • Page 3 of 75 LABOR AGREEMENT • BETWEEN THE CITY OF STILL-WATER - - AND LAW ENFORCEMENT LABOR SERVICES POLICE SERGEANTS ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Stillwater, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Stillwater Police Sergeants, hereinafter called the UNION The intent and purpose of this AGREEMENT to 1 1 Establish certain hours, wages, and other conditions of employment, 1 2 Establish procedures for the resolution of disputes concerning this AGREEMENTS interpretation and/or application, and 1 3 Place in wntten form the parties' full agreement upon the terms and condfions of employment • for the duration of the AGREEMENT The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the i highest quality of public service Both parties recognize this AGREEMENT as a pledge of this dedication ARTICLE II RECOGNITION 2 1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in a unit certified by the State of Minnesota Bureau of Mediation Services in Case No 01- PCE-775 as all essential licensed supervisory employees of the Stillwater Police Department, Stillwater, Minnesota, who are public employees within the meaning of Minnesota Statute 179A 03, excluding confidential employees 2 2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified fob class, the issue shall be submitted to the Bureau of Mediation Services for determination ARTICLE III DEFINITIONS 3 1 UNION Law Enforcement Labor Services 3 2 UNION MEMBER A member of the Law Enforcement Labor Services 3 3 EMPLOYEE A member of the exclusively recognized bargaining unit 3 4 DEPARTMENT The City of Stillwater Police Department • Page 4 of 15 • • 3 5 EMPLOYER The City of Stillwater 3 6 CHIEF The Chief of the City of Stillwater Police Department 3 7 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift 3 8 SCHEDULED SHIFT A consecutive work period including two rest breaks and a lunch break 3 9 REST BREAK A period dunng the scheduled shift dunng which the employee remains on continual duty and is responsible for assigned dunes 310 LUNCH BREAK A period dunng the scheduled shift dunng which the employee remains on continual duty and is responsible for assigned duties • • ARTICLE IV EMPLOYER SECURITY The UNION agrees that dunng the life of this AGREEMENT it will not cause, encourage, participate in or support any stake, slow-down or other interruption of or interference wdh the normal functions of the EMPLOYER ARTICLE V EMPLOYER AUTHORITY 5 1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment, to establish functions and programs, to set and amend budgets, to determine the utilization of technology, to establish and modify the organizafionai structure, to select, direct and determine the number of personnel, to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT 5 2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modity, establish or eliminate ARTICLE VI UNION SECURITY 6 1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179 65, Subdivision 2, d the employee elects not to become a member of the UNION Such monies shalt be remitted as directed by the UNION 6 2 The UNION may designate an employee from the bargaining unit to act as a Steward and an alternate The UNION shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate 6 3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements 6 4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suites, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this ARTICLE • • ARTICLE VII GRIEVANCE PROCEDURE 7 1 DEFINITION OF A GRIEVANCE Page 5 of 15 • A grievance is defined as a dispute or disagreement as to the interpretation or application of • the specific terms and conditions of this AGREEMENT 7 2 UNION REPRESENTATIVES The EMPLOYER wdl recognize representatives designated by the UNION as the grievance representatives of the bargaining urnt having the duties and responsibilities established by this Article The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6 2 of this AGREEMENT 7 3 PROCESSING OF A GRIEVANCE It is recogrnzed and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the fob duties and responsibilit+es of the employee and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is seasonable and would not be detnmentai to the work of the EMPLOYER 74 PROCEDURE Grievances as defined in Section 71 shall be resolved in conformance with the following procedure Step 1 An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which ~ is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated Representative's final answer in Step 1 Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived Step 2 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 Representative The EMPLOYER- designated Representative shall give the UNION the EMPLOYER' Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated Representative's final Step 2 answer Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived • f.~ Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 Representative The EMPLOYER- designated Representative shall give the UNION the EMPLOYER'S answer in writing • within ten (10) calendar days after receipt of such Step 3 grievance A grievance Page 6 of 15 • • not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated Representafive's final answer m Step 3 A grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered warred Step 4 A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4 Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived Stea 5 A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended The EMPLOYER and the UNION Representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance If the parties cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board • • 7 5 ARBITRATOR'S AUTHORITY A The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT The arbitrator shall consider and decide only the specific issue(s) submitted in wnttng by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted B The arbitrator shall be without power to make decisions contrary to or inconsistent with or mod~tying or varying in any way the application of laws, rules or regulations having the force and effect of law The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented C The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses If edher party desires a verbatim record or the proceedings it may cause such a record to be made, providing ~ pays for the record If both parties desire a verbatim record of the proceedings, the cost shall be shared equally 7 6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived" If a grievance is not appealed to the next step within the specified fime limit or any agreed extension thereof, it shall be considered settled on the bans of the EMPLOYER'S last answer If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION • 7 7 CHOICE OF REMEDY • Page 7 of 15 If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article VII or a procedure such as Cowl Service, Veteran's Preference or Fair Employment If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII The aggrieved employee shall indicate in writing which procedure is to be utd~zed, Step 5 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VII ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the Urnted States, the State of Minnesota and the City of Stdiwater In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent ~unsdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void All other provisions of this AGREEMENT shall continue in full force and effect The voided provision may be renegotiated at the written request of either party ARTICLE IX SENIORITY 91 Employer sernonty shall be determined by the EMPLOYEE'S length of continuous employment with the Police Department Job classification sernonty shall be determined by the EMPLOYEE'S length of continuous employment in a position covered by this Labor Agreement Seniority lists shall be posted in an appropriate location 9 2 A reduction of the work force wdl be accomplished on the basis of seniority Employees shall be recalled from layoff on the basis of sernonty Recall rights under this provision wdl continue fortwenty-four (24) months after lay off Recalled employees shall have ten (10) working days after notification of recall by registered mad at the employee's last known address to report to work or forfeit all recall rights ARTICLE X PROBATIONARY PERIODS 10 1 All newly hired or rehired employees wdl serve a one (1) year probationary period 10 2 Ail employees wdl serve a one (1) year probationary period in any fob classification in which the employee has not served a probationary period 10 3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER 10 4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER ARTICLE XI DISCIPLINE 11 1 The EMPLOYER wdl discipline employees for~ust cause only Discipline wdl be in one or more of the following forms a) oral reprimand, b) written reprimand, c) suspension, Page 8 of 15 • • • • r~ r1 f,J I • d) demotion, or • e) discharge 11 2 Suspensions, demotions and discharges wdl be in written form 11 3 Written reprimands, notices of suspension and notices of discharge which are to become part of an EMPLOYEE'S personnel file shall be read and acknowledged by signature of the EMPLOYEE EMPLOYEE and the UNION wdl receNe a copy of such reprimands and/or notices 11 4 EMPLOYEES may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER 11 5 EMPLOYEES will not be questioned concerning an investigation of disciplinary action unless the EMPLOYEE has been gnren an opporturnty to have a UNION representative present at such questioning 11 6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII ARTICLE X11 CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all atizens by the United States and Minnesota State Constitutions ARTICLE XIII OVERTIME PAY 12 1 Employees wdl be compensated at one and one-half (1-1/2) times the employee's regular • base pay rate for hours worked in excess of the employee's regularly scheduled shift Changes in shifts do not qualify an employee for overtime under this Article 12 2 Overtime wdl be distributed as equally as practicable 12 3 Overtime refused by employees wdl, for record keeping purposes under Article 12 2, be considered as unpaid overtime worked 12 4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked 12 5 Overtime wdl be calculated to the nearest fifteen minutes 12 6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 12 1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the EMPLOYEE and the Police Chief ARTICLE XIV COURT TIME An EMPLOYEE who is required to appear in court on their scheduled ofF-duty time shall receroe a minimum of two (2) hours pay at one and one-half (1-1/2) times the EMPLOYEE'S base pay rate An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the two (2) hour minimum • • Page 9 of 15 • ARTICLE XV CALL BACK TIME An EMPLOYEE who is called to duty dunng their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the EMPLOYEE'S base pay rate An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum For the purpose of computing call back time compensafion, call back hours shall not be pyramided, compounded or paid twice for the same hours paid ARTICLE XVI SICK LEAVE 15 1 All regular, full-time employees shall, after a term of employment of one year, be qualfied to recenre payments on account of physical disability to work by reason of sickness For the purpose of this Contract, sickness shall mciude m~ury other than accidental m~ury ansing out of and m the course of employment by the City Sickness benefits shall be as follows a If term of employment has been one year but less than two years, one week of full pay b If term of employment has been 2 to 5 years -160 hours of full pay full pay 4 weeks, half pay 9 weeks c If term of employment has been 5 to 10 years -full pay 13 weeks, half pay 13 weeks d If term of employment has been 10 to 15 years -full pay 13 weeks, half pay 39 weeks e If term of employment has been 15 to 20 years -full pay 26 weeks, half pay 26 weeks f If term of employment has been 20 - 25 years -full pay 39 weeks, half pay 13 weeks • g If term of employment has been 25 years or more -full pay 52 weeks 2 No disability benefits shall be paid for absences m excess of three consecufive days without a doctor's cerfificate as to sickness disability 3 Sickness disability benefits usage shall be subject to the following conditions a An EMPLOYEE may use the full enfitiement only once annually Full enfitlement is defined as the accrual amount for the length of service to the Cdy b Any days used by an EMPLOYEE must be replaced at the following eammg rate Employees with less than five (5) years service shall eam back a sickness disability leave at the rate of eight (8) hours for each month worked Employees with five (5) years, but less than ten (10) years service shall eam back sickness disability leave at the rate of twelve (12) hours for each month worked Employees with ten (10) or more years service shall eam back sickness disability leave at the rate of sixteen (16) hours for each month worked c Sickness disability leave time cannot be earned back dunng the time an employee is on sick leave Page 10 of 15 • d On those em to ees who have ufil~zed sickness disabili leave shall eam IY P Y ty • back sickness disability leave time as a replacement for used leave time 4 Any employee receroing Worker's CompensalJOn benefits because of fob connected infury or sickness shall, d he assigns his check to the City, receive full wages for that period Or, d the employee is recennng Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay Sick leave shall than be figured on a prorated bans with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance 5 Sick leave shall not be granted if the absence is due to an infury resulting from intoxication or from fighting 6 Sick leave will be suspended after benefits have been exhausted, however, an EMPLOYEE who has fulfilled all of the requirements for a vacation that has not been taken may request vacation pay dunng disability After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay and benefits, provided that the period of such leave when added to the period dunng which benefits have been paid shall not exceed one (1) year Such application shall be accomparned by a physician's certificate stating that such disabled employee had not been able to return to work Upon return to active employment, the employee shall retain all • accumulated service credrt for time worked prior to his disabilrtyy, but shall receroe no such credit for the period of absence • ARTICLE XVII SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to EMPLOYEE having completed a minimum of ten (10) years of service with the City In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay ARTICLE XVIII HOLIDAYS 17 1 EMPLOYEE shall be entitled to eleven (11) paid holidays per year 17 2 Holiday pay shall be made the first payday in the month of December of each year 17 3 The hourly rate for Holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month 17 4 Any employee required to work on any of the following holidays shall be granted an addilJOnal one-half (1/2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shrft in recognrtion of said holiday New Year's Day Labor Day Martin Luther King Day, Jr Day Veterans Day • Memorial Day Thanksgiving Day July 4"' Christmas Day Page 11 of 15 r~ f~ 17 5 Immediately preceding the 1st anrnversary date of employment, the employee shall be • entitled to one additional floating holiday, without holiday pay ARTICLE XIX VACATION 18 1 Regular, full-time employees shall be entitled to the following schedule From 0 thru 12 months employment From 1 year thru 4 years employment After 4 years thru 10 years employment After 10 years thru 15 years employment After 15 years 6 66 hours per month 80 hours per year 120 hours per year 160 hours per year 8 additional hours for each year up to twenty years for a maximum of 200 hours 18 2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment and must be taken within one (1) year, except that a maximum of eighty (80) hours of vacation may be tamed over into the next year Any vacation time over the allowed maximum carry over of 80 hours shall be forteited at the end of the calendar year There shall be a maximum of 240 hours vacation dunng any one (1) calendar year 18 3 One continuous vacation penod shall be selected on the basis of sernonty until March 1st of each calendar year ARTICLE XX UNIFORMS • The EMPLOYER shall provide requinrd urnform articles and equipment ARTICLE XXI INSURANCE • 20 1 A Effective January 1, 2001, the EMPLOYER will contnbute a maximum of Five Hundred Sixteen dollars ($516 00) per month, per employee toward group health including dependent coverage B Effective January 1, 2002, the Employerwdl increase contribution by Twenty-five dollars ($25 00) or Fifty Percent (50%) of the increase in premiums, whichever is greater, based on the higher cost hospitaUmedical plan 20 2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee ARTICLE XXII LONGEVITY 21 1 All regular, full-time employees shall be paid longevity according to Appendix B The length of the employees' full-time employment with the City determines longevity ARTICLE XXIII MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes ARTICLE XXIV WAIVER 231 Any and all prror agreemerrts, resolutbns, practices, policies, rules and regulations, terms and conditions of employment, to the exthnt inconsistent with the provisions of this AGREEMENT, are hereby superseded 23 2 The parties mutually acknowledge that dunng the negotiations that resulted in this Page 12 of 15 •~ ~, r~ ~~ AGREEMENT, each had the unlimited right and opporturnty to make demands and • proposals with respect to any term or condition of employment not removed by law from bargaining All agreements and understandings amved at by the partes are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed ARTICLE XXV DURATION The AGREEMENT shall remain in full force and effect for a period commencing XXX)CX , 2001 through December 31, 2002 In the event a new AGREEMENT is not in effect January 1, 2003, this AGREEMENT shall remain in full force and effect until a successor AGREEMENT is effected IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 2001 FOR THE CITY OF STILLWATER • • Page 13 of 15 FOR LELS POLICE SERGEANTS, LOCAL NO 254 • APPENDIX A MONTHLY WAGE SCHEDULE The following wage schedule shall be in effect Sergeants Effective XXX)CX , 2001 $4,700 Effective January 1, 2002 $4,995 Page 14 of 15 I • • • • • • APPENDIX B MONTHLY LONGEVITY SCHEDULE The following longevity schedule shall be m effect After 5 Years After 10 Years After 15 Years After 20 Years Page 15 of 15 Effective Effective XXX)CX , 2001 January 1, 2002 $ 86 $ 92 $172 $186 $260 $278 $304 $326