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HomeMy WebLinkAbout1994-03-15 CC Packet . e 1- ~~ -I J AGENDA STILLWATER CITY COUNCIL March 15, 1994 SPECIAL MEETING 4:30 P.M. REGULAR MEETING 7:00 P.M. 4:30 P.M. AGENDA 1. Continuation of workshop to discuss tax increment financing assistance for downtown hotel development. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - February 15, 1994 - Regular Meeting February 22, 1994 - Special Meeting February 28, 1994 - Regular and Recessed Meetings INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. John Kraemer - Building Code Proposals. 2. Jim Kolb - Request for Transit Funding. STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the request for vacation of a portion of Carnelian Street between West Stillwater Avenue and West Wilkins, Charles Huyink, Stillwater Good Samaritan Center, petitioner. Notice of the hearing was placed in the Stillwater Gazette on March 14, 1994, and mailed to affected property owners. UNFINISHED BUSINESS 1. Approval: Proposed legislation - City-wide sales tax. 2. Approval: Agreements for Lumberjack Days and Wild West Weekend. 3. Second Reading: Ordinance creating a Shoreland District and regulating development in shoreland areas, City of Stillwater, applicant. (Case No. ZAT/94-2) City Council Agenda March 15, 1994 Page 2 . 4. Report: Results from Phase II Environmental Site Assessment for UBC Lumberyard property. 5. Approval: Purchase of bench and trash receptacle for Pine and Third Streets. 6. Request: Use of city land north of Orleans Street for Park and Ride lot. 7. Request: Hire consultant to assist in Comprehensive Plan Update. NEW BUSINESS 1. Award of Bid: L.I. 284, Repair of Myrtle Street Drainage Project 2. Award of Bid: L.I. 301, Stillwater Market Place Project PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution: Directing Payment of Bills. (Resolution No. 94-69) 2. Applications: List to be supplied at meeting. 3. Request: Heritage Preservation Commission members to attend conference. 4. Request: Senior Account Clerk to attend seminar. e COMMUNICATIONS/REQUESTS 1. Minnesota National Guard Facilities and Stationing Committee - FY 1995 Congressional Add-on package 2. Charter Commission - Land Use Regulation meeting COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT Possible adjournment to Executive Session to discuss labor relations negotiations. ~a e e - MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: March 9,1994 RE: RESPONSE TO TIF REQUEST FOR HOTEL DEVELOPER Background: The City Council received the developer's assistance request and staff recommendation at the meeting of March 1, 1994. At the meeting, Councilmembers discussed the request and recommendation with the developer, city attorney, finance director and community development director. No Council action was provided as a result of that meeting. The City was requested to think about the information and develop a city position regarding the request for the council consideration at their meeting of March 15, 1994. On March 8, 1994, at a council workshop session, the council briefly discussed the developers request for assistance with staff and provided the following direction regarding the developer's nine-point request: 1. a. Fifty-year lease term is acceptable. b. Monthly payments shall reflect market value with 5-year adjustments for cost of living. c. Require Paul Hoffman to guarantee lease. d. Lease payment would continue to be paid at market rate. e. Land shall not be subordinated. 2. Payment of special assessment is required/city would consider carrying over assessments to new owner. 3. City will approve plans. 4. Lease disclosed. 5. Bonding request can be accommodated. 6. Lease payment to continue at market rate. 7. Financing approval on sale of property can be accommodated through development agreement. 8. Liquor licenses will be provided. 9. TIF available for qualified improvements "pay as you go" $32,OOO/year (14 years). This assistance package is consistent with city Tax Increment Financing Guidelines and the existing financial responsibilities and liabilities of the city. If terms are acceptable to the developer, conditions of approval for planning approvals DP/93-1 0 and SUP/93-25 will have to be met and development agreements entered into. If this assistance package is not acceptable to the Hoffman Corporation, it is recommended by city staff and CUB that a request for hotel development proposals be prepared and the site be advertised for a hotel project. The RFP would be distributed to people that have expressed an interest in the site and potential hotel developers. Recommendation: If the Hoffman Corporation - City staff package is not acceptable direct staff to prepare a request for hotel development proposals. e e - I , "'\ MAR-15~94 TUE 12:04 HeORP APPLETON FAX NO, 4147314236 p, 02 e ~. ".. 'j il; /,..\''I.;:~,"'!~ :~,,~,,~,~~, \~n', '3~':':::~\ HOFFMAN [)EVELOPMENT CC)Rf:JORA"rION . March 11, 1994 Mr. Steve Russell City of Stillwater 216 N. Fourth Stillwater, MN 55082 YlA FAX ANI) ~lL Dear Steve: Today I received from you a fax of the memorandum that was sent to the StJillwat(~r City Council and the Mayor concerning the proposed hotel project in downtown Stillwater. Based on the recommendations and positions outlined in the merno, we have decided not to attend the March 15 work session with the Council. Since it appears that many of our requests which are required for tiS to move forward on the project will not be granted or approved, we feel that our attendance at the meeting is not necessary. Please share this letter with the Council at the meeting on the 15th. For the past 18 months, we have worked diligently and patiently to piece together an extremely complex downtown redevelopment project. In that time we have spent in excess of $100,000 and accomplished many of the important elementst necessary to move the project forward. They include: 1. Performing a detailed market feasibility study to determine the effective demand for a suite hotel in downtown Stillwater. Our financial pro~)rn'il:'!;I were based in part on the results of that survey. 2. Securing franchise rights for Country Suites by Carlson which holds one of the finest hospitality reputations and largest reservation networks in the world. e 3. Hiring Legislative Associates, Inc. to work with us to receive from the Minnesota State Legislature, approval of an additional liquor license for Stillwatm' Hotel Partnership. \ , MAR-15-94 TUE 12:04 HeORP APPLETON FAX NO. 4147314236 I" p.o1 i - 4. Retaining BWBR, a premier Twin Cities architectural finn to create a design that is consistent with the quality and aesthetic character expected in downtown Stillwater, while at the same time satisfying the program l'equirernents demanded by Country Suites and the market feasibility study. 5. Receiving design approval from the Stillwater Heritage Prasc:rvation Commission and the City Council. 6. Obtaining a review and endorsement from the Minnesota St~lte Historical Society for the renovation of the Lumberman's Exchange Buildi ng. 7. Retaining a structural consultant to determine the best structural system, the condition of existing foundations and wood piles, and recommendations for new piles under the former Hooley's grocery store. 8. Developing detailed estimates to determine the construction costs for the project. 9. Preparing detailed financial proformas enabling us to attract a consortium of local lenders to express interest and commit to this importarlt downtown project. 10. Applying to the SBA for financing to limit the exposure to the local lenders and future investors. 11. Retaining one of the Midwest's foremost syndication attorney::; to work with us On the formation of Stillwater Hotel Partners Limited Partnership. 12, Preparing a Notice of Indication of Interest t.o potential and ir,tcrcst.ed investors with the assistance of our syndication attorney. 13, Working cooperatively with Cub Foods on the purchase of the building improvements. 14. Filing the application and a $3.000 fee for TIF financing to the City of Stillwater. 15. Spending many hours with City staff discussing issues and wClrking to move the project forward in a positive way. e In our initial meetings with City staff, we told them that a successful hotel project in the downtown will only happen with cooperation, patience and a lot of hHl'd work. HtR-1~94 TUE 12:05 HOOR? APPLETON FAX NO, 4147314236 P. 04 e We also said that we will only ask the City to help with those terms and conditions that are essential to develop the project. Based on our past experience and discussions with the SBA, local lenders, and syndication counsel, we know that our requests of the City are not only reasonable, but essential to finance the hoLel. Over the past 18 months we have displayed a sincere commitment to the City with our involvement in this exciting project. The time and money that we have :,pent to date are clear indications of that sincerity. It is unfortunate that we have rElached an apparent impasse in our ability to continue with the development. It is )'our job as City Council members to do what is best, in your opinion, for the City of Stillwater. If, however, in your ongoing search for a qualified hotel developer, you find that it would be in the City's best interest to revisit the project with us, please let llS know, No one knows more about the site, the market, the risks, or the complexities that are associated with this development than we do. Hopefully, some day in the near future we can work together a.nd show you what we can accomplish together. In closing, please continue your commitment to develop a hotel in downtown Stillwater. Our time and effort in the last year and a halfhas convinced Us that a quality hotel is the most important missing ingredient needed to benefit corporate businesses, retail merchants and the entire community of Stillwater. Good luck in your effortsl Sincerely, HOFFMAN DEVELOPMENT CORPORATION Paul J. Hoffman President PJHlsj cc via fax: Bill Bell, Hotel Development & Management, Inc. Tom Thueson, Cub Foods J a.y Slater, BWBR Dale Anderson, Central Bank Bob Heck, Twin Cities - Metro Certified Development Co. Joe Hildebrandt, Foley & Lardner Attorney David Magnuson, Magnuson & Thole e e - .' SALE AND PURCHASE OF PROPERTY THIS AGREEMENT, made and entered into this day of March, 1994, by and between the CITY OF STILLWATER with an address of 216 North Fourth Street, Stillwater, Minnesota 55082 (hereinafter referred to as "Seller"), and ST. CROIX PRESERVATION COMPANY, a Minnesota general partnership consisting of Charles R. Dougherty, John F. Berglund, and Duane Hubbs, with an address of 306 West Olive Street, Stillwater, Minnesota 55082 (hereinafter referred to as "Buyer"). R Eel TAL S WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and convey to Buyer, certain real property, together with all improvements located thereon which are owned by Seller, situated in the City of Stillwater, County of Washington, State of Minnesota, all on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows: 1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement, Seller shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, certain real property commonly known as 405 East Myrtle Street and 127 South Water Street, Stillwater, Minnesota, and all improvements, rights, interests, and appurtenance therein or thereto pertaining, subject to the rights of Hooley Supermarkets, Inc., its successors and assigns, under that certain Lease No. 211866 dated September I, 1973 and the Extension Agreement dated April 24, 1987, which real property is located in washington County, Minnesota and is legally described as set forth on Exhibit A attached hereto (hereinafter referred to as the "Real Property"). It is acknowledged that Seller owns the Real Property, together with the buildings located thereon, except for any improvements constructed during the term of the said Lease No. 211866. Seller shall have the right, at any time within sixty (60) days following acceptance and execution of this purchase agreement, to exercise an option to retain any or all of that portion of the Real Property lying easterly of the railroad tracks. Said option shall be exercised in writing by delivering to Buyer a legal description of that portion of the Real Property which the City wishes to retain, together with a survey identifying the area to be retained and a surveyor's calculation - of the square footage retained for use in adjusting the purchase price according to Paragraph 3 below. The exercise of any such option by the City shall constitute a certification that .the resulting subdivision of the property will conform to existing city codes and will be approved by the stillwater City Council. 2. Personal Property and Fixtures Included in the Sale. No items of personal property or fixtures are included In this sale. 3. Price and Terms. In consideration of the Seller's agreement to sell the Real Property and Personal Property, Buyer agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property and Personal Property the sum of six Hundred Thirty-Five Thousand and 00/100 Dollars ($635,000.00) payable as follows: A. Earnest money of Three Thousand and 00/100 Dollars ($3,000.00) by check, receipt of which is hereby acknowledged. B. six Hundred Thirty-Two Thousand and 00/100 Dollars ($632,000.00) cash or collected funds on the Closing Date. In the event that Seller exercises its option to retain a portion of the Real Property, the purchase price will be reduced proportionately based upon the square footage of the Real Property and the square footage of the parcel retained by Seller pursuant to its option without regard to any value for improvements. The rental payments from lessees under existing leases covering all of the Real Property shall be prorated between Seller and Buyer in the same manner as the purchase price. 4. Possession. Buyer shall take possession of the Real Property on the Closing Date. 5. Closinq. The closing for the transaction contemplated by this Agreement shall be held not later than one hundred twenty (120) days after acceptance and execution of this agreement, provided, however, in the event Seller gives notice of exercising its option to retain a portion of the subject property, the closing of the transaction shall be held not later than one hundred twenty (120) days following the exercise of said option, or such other time as may be mutually agreed upon by the Seller and Buyer (herein referred to as the "closing Date"). The closing shall take place at the title company selected pursuant to Paragraph 6. 6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the Real Property, free tit and clear of all defects, liens, and encumbrances. 2 - Not later than forty-five (45) days prior to the closing Date, Seller shall deliver to Buyer an Abstract of Title or Registered Property Abstract to the Real Property (the' "Abstract"), which Abstract shall be properly certifietl to date, including proper searches covering bankruptcies, state and federal tax liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the cost of obtaining said Abstract. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly qualified to transact business in the State of Minnesota and acceptable to the Buyer's lender, if any, indicating the Seller's ownership of the Real Property, subject to the exceptions of a standard ATLA form owner's policy, but without further exceptions materially adversely affecting the marketability of title. If the commitment contains any exceptions which materially and adversely affect the marketability of Seller's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived. Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best efforts to make the title marketable as expeditiously as possible. If such defects are cured within said sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each party shall proceed to perform in accordance with the terms of this Agreement. If such title is not marketable and is not made so within the sixty (60) day period and Buyer does not waive the curing of such defects, Buyer, upon written notice to Seller, may, but is not obligated to, undertake to cure and remove all defects and encumbrances in the title to the Real Property; and Seller agrees to reimburse Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the curing of such objection. If such title is not marketable and cannot be made marketable within such time periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights of Buyer against Seller. Seller shall have prepared a Phase I Environmental Report of the Real Property. If the Report indicates any need for a Phase II Environmental Report to be conducted, Phase II shall be conducted as well. The cost of such report shall be paid by Seller. The report shall be delivered to Buyer upon its completion, but not later than ninety (90) days after the execution of this Agreement by Seller and Buyer. Seller shall deliver all public documentation on the Real Property within thirty (30) days after acceptance and execution of this Purchase Agreement. e 3 - On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver the following: A. A Warranty Deed for the Real Property in recordable form, subject to the standard ATLA exceptions; B. A Well Certificate; C. An Affidavit of Seller; D. An Assignment of all leases complete, with the original, executed versions thereof for space in the Real Property and all management and service contracts relating to the Real Property, together with original, executed versions thereof; E. All tenant security deposits, together with accrued interest thereon due to tenants, if any, all advance payments made by tenants for real estate tax, operating expense and insurance contributions (whether or not held in escrow), and an accurate accounting for all thereof; F. Notices to all tenants or lessees advising them of the sale and directing them to pay future rent to Buyer, or its designee. On the Closing Date, Buyer shall assume all obligations with respect to the leases and deliver to Seller the purchase price. 7. Real Estate Taxes and Special Assessments. A. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date with the Seller to be responsible for the Closing Date. B. Seller shall pay on the Closing Date all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. C. Seller shall pay on the Closing Date all other special assessments levied as of the Closing Date. e D. Seller shall provide payment of special assessments pending as of the Closing Date for 4 e improvements that have been ordered by the City Councilor other governmental assessing authorities. Seller's provision for payment shall be made by payment into escrow of' one and one-half times the estimated amount of the assessments. E. Seller shall pay on the Closing Date any deferred real estate taxes or special assessments, payment of which is required as a result of the closing of this sale. F. Buyer shall pay real estate taxes due and payable in the year following the Closing Date and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. G. Seller warrants that the real estate taxes due and payable in the year 1994 will be non- homestead classification. 8. Representation and Warranties of Seller. Seller hereby represents and warrants as follows to Buyer, such representations and warranties to be true and correct on the date thereof, and on the Closing Date, that: A. That the Real Property is connected to city sewer and city water and there are no wells located on the Real Property. B. That there are no service contracts, management contracts, or employment contracts pertaining to the Real Property and the improvements located thereon. C. To the best of Seller's knowledge, no order or requirement for repair, replacement, or alteration to any improvement, system, or component of the Real Property issued by any governmental authority has been received by Seller. ,e D. Seller shall not, after execution hereof, without Purchaser's prior written consent, amend any now existing management contract or service contract relating to the Real Property nor, except as herein specifically authorized, enter into any new management or service contract relating to the Real Property. Furthermore, Seller shall not, after execution hereof, without Buyer's prior written consent, 5 ~ e amend any now existing lease for space in the Real Property or waive or extend the time for payment or performance thereunder, or enter into any new lease for any space in ~he Real Property. E. To the best of Seller's knowledge, there has been no change in any federal, state, or municipal law or ordinance which would make any current use of the Real Property unlawful. F. Seller has paid for all work, supplies, and materials performed upon and supplied to the Real Property at the request of Seller. G. To the best of Seller's knowledge, there exists no litigation affecting the Real Property. Should any claim or litigation arise with respect to the existing lease, Seller shall enforce the lease and defend the litigation. H. To the best of Seller's knowledge, there is no condemnation proceedings pending with respect to any part of the Real Property. I. The information contained in the copies of leases and the rent roll provided and to be provided to Buyer are accurate as of the date delivered and to the best of Seller's knowledge there are no leases or tenancies for any space in the Real Property other than said leases. J. Except as set forth in information furnished to Buyer pursuant to this Agreement, all of the leases are in full force and effect and none of them have been modified, amended, or extended. K. No renewal or extension options have been granted to tenants other than as contained in existing leases, copies of which have been or will be delivered to Buyer. e L. No party has an option to purchase all or any part of the Real Property. M. Except as set forth in rent roll or other information furnished to Buyer pursuant to this Agreement, the rents set forth are being collected on a current basis, there are no arrearages in excess of one (1) month as of the date hereof and, there are no currently outstanding default notices given by Seller to tenants of the Real Property. 6 - N. No teDant is entitled to rental concessions or abatements for any period other than as contained in existing leases, copies of which have been or will be delivered to Buyer, and there is no understanding or agreement with any tenant except as set forth in said lease. o. To the best of Seller's knowledge, no action or proceeding instituted against Seller by any tenant of the Real Property is presently pending in any court. P. The accounting for security deposits or other escrows, if any to be provided by Seller to Buyer is accurate and there are no security deposits other than those set forth thereon. Q. All information and documents made available and to be made available to Buyer by Seller or its agents to the best of Seller's knowledge are and shall be true, accurate, and complete as of the date given. R. To the best of Seller's knowledge, neither the Real Property nor the buildings located thereon contain any contaminated or hazardous substances or conditions which could constitute an environmental risk. S. Seller certifies that the Real Property is zoned appropriately for a lodging/convention facility, including a restaurant and bar. . There is an existing on-sale liquor license available for the premises which Seller shall reserve for the Real Property for a period of seven (7) years from the date of this Agreement, unless waived in writing by Buyer. Upon receipt of an appropriate application, Seller will issue the reserved license for the premises, or that portion of the Real Property not retained by Seller pursuant to its option hereinabove. , Ie In the event any covenant shall be untrue as of the time given, and the same shall not have been discovered until after Buyer has purchased the Real Property, or the existing lease is challenged and needs to be defended and enforced, Seller shall indemnify and hold Buyer, its successors and assigns, harmless with respect to any loss, cost expense, damage or liability (including reasonable attorney's fees) directly resulting from any circumstances making any said covenant untrue as of the Closing Date. 7 e 9. continqencies. The obligations of Buyer to consummate the transaction contemplated by this Agreement. are subject to the fulfillment on or before the date specified, but not later than thirty (30) days prior to closing date as determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by Buyer in writing: A. The title contingencies set forth in Paragraph 6 above, or disclosed in the surveyor environmental report. B. Buyer's inspection of the Real Property and all improvements thereon to determine the satisfactory physical condition of the buildings, structures, and Personal Property. In the event the physical condition of the buildings, structures, and Personal Property is not satisfactory to Buyer, in Buyer's sole discretion, then Buyer shall notify Seller on or before May 16, 1994, that this Agreement is terminated. C. Buyer's review and approval, in its sole discretion, of all existing leases pertaining to the Real Property, Seller agrees to provide to Buyer, within thirty (30) days of the date of this Agreement, all written le~ses pertaining to the Real Property, and in the case of oral leases, a written summary of the oral leases providing the following information: (1) the term of the lease; (2) rental provisions; (3) security deposits; (4) option provisions, whether to renew or terminate the lease, to purchase the Real Property, or to exercise any rights of first refusal. Buyer shall be allowed thirty (30) days after the delivery of the leases and/or summaries of oral leases by Seller to Buyer for its inspection and review. In the event that Buyer shall disapprove of any of the terms and conditions of any of the leases, in Buyer's sole discretion, Buyer shall notify Seller in writing of such objections within the thirty (30) day period, and that this Agreement is terminated. D. Buyer's review and approval, in its sole discretion, of the environmental report to be furnished by Seller. e E. Buyers obtaining, at its sole expense, an engineering report and Buyer's review and 8 e approval, in its sole discretion, of such report indicating that the Real Property is appropriate and adequate to construct a lodging facility to Buyer's satisfaction without extraordinary engineering or construction measures. 10. Riqht of Entrv. Subject to any requirement to obtain permission from any lessees, Buyer and its duly authorized agents shall have the right during the period from the date of this Agreement through the Closing Date and thereafter to enter in and upon said Real Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as Buyer shall deem necessary, but all without expense to Seller. 11. Risk of Loss. If the Real Property and improvements located thereon is damages or destroyed by fire, windstorm, flood or any other casualty or cause in the amount of excess of $5,000.00 at anytime between the date of this Agreement and the Closing Date, Buyer shall have the right, at its option, upon notice to Seller within ten (10) days after notice by Seller to Buyer of such fire or other cause, to either: A. Terminate this Agreement; B. Elect to accept and take assignment of the proceeds of insurance payable by reason of such damage or destruction and accept the Real Property subject to such damage and destruction; or C. Elect to cause Seller to proceed expeditiously to repair such damage or destruction, which Seller hereby agrees to do to the extent of the available insurance proceeds, whereupon the Closing Date shall be extended accordingly. 12. Maintenance and Operation Prior to Closinq. Pending the closing, the operation and management of the Real Property will be conducted in the ordinary course and will be maintained in its present condition, save for normal wear and tear, and will not be encumbered. A. Maintenance and Operation Durinq Lease. Due to the fact that the Lumberman's Exchange Building is a central factor in the downtown historic district, Seller will not issue a permit to alter, demolish, or remove the Lumberman's Exchange Building without the express written consent of Buyer and review and approval by the Minnesota State Historic Society. e 9 e '. 13. Remedies. If Buyer cancels this Agreement due to the fact that conditions precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller, including any accrued interest, shall be refunded forthwfth to Buyer and neither Seller nor Buyer shall be liable for' any damages hereunder to the other, unless the conditions to closing, or any of them, have not been satisfied due to action or inaction of Seller inconsistent with the provisions of this Agreement, in which case Buyer shall have a cause of action against Seller. If Buyer defaults in the performance of this Agreement the sole remedy of Seller will be to cancel this Agreement, in which event the payments made by Buyer to Seller shall be deemed the entire liquidated damages hereunder and may be retained by Seller free and clear of any claim of Buyer, and neither Seller nor Buyer shall have any further liability for damages hereunder to the other. If Seller defaults in the performance of this Agreement and Buyer cancels this Agreement, the payments made by Buyer to Seller shall be refunded to Buyer forthwith. If Seller defaults in the performance of this Agreement and Buyer does not cancel this Agreement, Buyer shall have the right, in addition to any other remedy available, to apply for and receive from any court of competent jurisdiction equitable relief by the way of restraining order, injunction or otherwise, prohibitory or mandatory, to prevent a breach of the terms of this Agreement or by way of specific performance to enforce performance of the terms of this Agreement or to rescission, plus reimbursement for incidental and consequential damages, costs, including reasonable attorney's fees incurred in the securing of any such alternative measures of relief. Such rights of equitable relief shall not be construed to be in lieu of the right to seek remedies at law. 14. Disclosure. No representative or warranty by Seller in this Agreement, nor any statement or document furnished by Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue information, or omits or will omit to state information necessary to make the information contained therein not misleading. 15. Broker. Seller and Buyer each represent and warrant to the other that there is no obligation to pay any commission, finders fee or similar charging in connection with the transaction provided for herein. 16. Survival of all Terms. All representations, warranties, and agreements contained in this Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto shall be bound accordingly. 17. utilities and Rents. All utilities, including but not limited to, telephone, city sewer, city water, electricity, ~ gas and all other charges, together with rents from tenants and 10 '. lessees, shall be prorated between the Seller and Buyer as of the ~ Closing Date. 18. Assiqnment of Interest. Buyer reserves the right to assign its interest in this purchase agreement, prior to closing, to another entity representing these same principals. 19. Notices. Notices required herein shall be in writing and delivered personally or mailed certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this Agreement, and if mailed, are effective as of the date of mailing. 20. Governinq Law. This Agreement shall be governed by the laws of the state of Minnesota. SELLER: APPROVED AS TO FORM AND CONTENT: CITY OF STILLWATER David D. Magnuson City Attorney By: Jay Kimble Acting Mayor By: Nile L. Kriesel Coordinator BUYER: ST. CROIX PRESERVATION COMPANY By: General Partner This Instrument Drafted Bv: Paul A. Wolff ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, Minnesota 55082 I. 11 e ~... DHI3rT "A" Pare e I ! That Dortia.n of Lots 1 through 8, Block 18, Original Town of Stilh,ater, ~ashington County, Minnesota, all described as follows, to-wit: The Easterly 20.0 feet of said Lots 1 through 7, Black IB, lying Westerly of the Westerly right-of-way line of N. Water Street, according to the .. " recorded plat thereof, and the Northerly 10.0 feet of the most Easterly 20.0 feet of sc.id Lot 8, Black 18, lying Wes~erly of said Westerly right-oF-way of said N. ~ater Street. Parcel 2 Inose portions of Block 27, Oriainal TO'."n of Still'Hater, Minnesota, and that portion of the South half of the Easterly extension of E. Myrtle Street, according to the recorded plat thereof, lying tasterly of the Easterly line of N. Water Street, according to the recoraed plat thereof, and lying Westerly of a 1 ine dra,..tn parallel '",ith and distant 60.0 feet Easterly of,as measured at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) Original Main Track centerline, as originally located and constructed; EXCEPTING THEREFROi'" all that Dorticn of the 23.5 foot wide strip or Burlington Northern Railroad Company's right-of-way, being 8.5 feet wide on the West side and 15.0 feet wide on the E~s~ side of said OrigfnaJ Main Track centerline uPon, over and across said 8lock 27. Parcel J That portion of Block 18, Original Town or Stillwater, Minnesota; and that portion of the Easterly extension of Comnerd.al Street, according to the recorded plat thereof, lying Easterly of the Easterly line of N. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn ~aral lei with and distant 8.5 feet Westerly of, as measured'at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) New l"lain Track centerline,' as now located and. constructed, and between the Easterly extensions of East Myrtle Street and East Mulberry Street, according to the recorded plat thereof. Parce 1 4 e That portion of the SE!NE~ and the NEiSE! of Section 28, T30N, R20W, 4th P.M., Wash i ng ton County, Mi nnesota t and that porti on of B lads L8 and .27 I Original Town of Stilh,ater, Minnesota, all described as follows, to-'tfit: q;f ...... e Commencing at the intersection of the Westerly produced Northerly right-of-way line of E. Myrtle Street, according to the recorded plat thereof, and the shorel ine of lake St. Croix, Minnesota; thence Northerly along said shoreline to a point perpendicularly distant 140.0 feet Northerly or the Northerly right-or-way line of said Myrtle Street, being the True Point of Beginning of the parc~l to be described; thence Northerly along said .shor~{ine to the point of intersection with the Easterly produced Northerly line of lot 4. Block 17, Stillwater, Washington County, Minnesota; thence Westerly along said produced line to a line drawn parallel with and perpendicularly distant 8.5 feet Easterly of 8u~1.ington Northern Railroad Company's (formerly Northern Pacific Railway Company's) most Easterly Spur track centerline, as now located and constructed upon, over and across said Section 28; thence Southerly along said parallel line and produced 10.0 feet Southerly of the Southerly terminus of said Spur track centerline; thence Westerly at right angles to said parallel line a distance of 17.0 feet; thence Northerly and parallel with said Spur track centerline a distance of 20.0 feet; thence Westerly at right angles to said Spur track centerline to the point of intersection with a line drawn parallel with and perpendicularly distant 15.0 feet Easterly of Burlington Northern Railroad Company's most Easterly track centerline, as now located and constructed; thence Southerly along said parallel line to the point of intersection with a line drawn Darallel with and distant 8.5 feet Easterly of, as measu~ed at right angles to, said Railro~d Company's Original Main Track centerline, as originally located and constructed; thence Southerly parallel with said Main Track centerline to the Northerly line extended of E. Myrtle Street; thence Easterly along said extended Northerly line of Myrtle Street to the intersection with a line dra',.m para1'lel with and distant 66.0 feet Easterly of, as measured at 'rioht angles to, saie Original Main Track centerline; thence Northerly Da;allel with said Main Track centerline to the intersection with a line drawn through the True Point of Beginning and parallel with satd Northerly line of E. Myrtle Street; thence Easterly to the True Point of Beginning. e List # 2 Sequence ,; 231 i08.20.2/231 (})-f e e e l ... REGULAR MEETING STILL WATER CITY COUNCIL MINUTES February 15, 1994 7:00 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley. Absent: Councilmember Kimble Also. Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Consulting Engineer Moore Comm. Dev. Director Russell Police Chief Beberg City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: David Schwartz, Joe Samuelson, Kathy Czar, Shawn Draper APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the minutes of the Regular Meeting of January 18, 1994; the Special Meeting of January 25, 1994; and the Regular Meeting of February 1, 1994. (All in favor) Letter of Thanks From Cub Foods Mayor Hooley read a letter of thanks from Cub Foods for the support given by city staff, especially the Street Maintenance Department, during the Cub Foods corporate office move. INDIVIDUALS AND DELEGATIONS 1. David Schwartz. representinll Northern States Power (NSP) Mr. Schwartz explained NSP's need for temporary storage of spent fuel at the Prairie Island Nuclear Power Plant and requested a Council resolution supporting the City of Red Wing's efforts to seek legislative approval allowing the temporary storage. Residents Joe Samuelson and Kathy Czar spoke in opposition to the proposed resolution. Stillwater City Council Minutes Regular Meeting February 15, 1994 Motion by Councilmember Cummings, seconded by Councilmember Funke to adopt the appropriate resolution in support of legislation allowing for the temporary storage of spent fuel by NSP at the Prairie Island Nuclear Power Plant. (Resolution No. 94-38) Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None 2. Goodwill Ambassadors - Stillwater Area Chamber of Commerce Members of the Stillwater Chamber of Commerce Goodwill Ambassadors were present. They explained that they visit area businesses and offer resources, and invited a city representative to join them. 3. Lumberjack Days Update Todd Weiss, representing the Ad-Hoc Lumberjack Days Festival Association, explained the Association's pr~posal for the planning and operation of Lumberjack Days. A workshop with Council and the Lumberjack Days Festival Association was scheduled for February 22, 1994, at 4:30 p.m., at Stillwater City Hall. 4. Wild West Days - Request for funding James Nelson, Chairman, requested a contribution of$3,500 from the City to help fund Wild West Days. Motion by Councilmember funke, seconded by Councilmember Bodlovick to table the request for funding for Wild West Days until February 28, 1994. (Ayes - 3; Nays - 1, Mayor Hooley) 5. Traffic Issues - South Fourth Street Mike Anderson and Gary Bagaas expressed concern about the high level of traffic on South Fourth Street. Staff explained efforts already under way to address the traffic problems including increased patrol efforts and discussions with the Coast Guard and Minnesota Department of Transportation regarding bridge traffic. 6. Washington County Public Works - Cost Sharing for County Road 5 2 l. " e e e e e e , ,. Stillwater City Council Minutes Regular Meeting February 15, 1994 City Engineer Eckles provided a summary of the current status of the County Road 5 Upgrade Project. Don Theisen, Deputy Director of Public Works, Washington County, discussed cost estimates. Further discussion was tabled until Tuesday, February 22, 1994. STAFF REPORTS 1. Police Request to Attend National Conference on Gang Activity Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the attendance of Sergeant Roettger and Officer Stender at National Conference on Gang Activity, March 10-13, 1994, at an approximate cost of$I,030. (All in favor) Records Systems Chief Beberg provided information and cost estimates on the Washington County "paperless" Records System. Council requested Chief Beberg to prepare a preliminary report on the record-keeping needs of the Stillwater Police Department and report back on March 15. Request for Approval to Replace Vehicle Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the replacement of a squad car totalled in a traffic accident. (All in favor) The meeting recessed at 8:35 p.m. The meeting was reconvened at 8:50 p.m. 2. Community Development Director Request to Attend Plannin~ Commission Conference Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve expenditure and attendance of two Planning Commission members at March 26, 1994, conference. (All in favor) 3 ~ ~ Stillwater City Council Minutes Regular Meeting February 15, 1994 - 3. City Engineer City Engineer Eckles reported on the resignation of Richard Nordquist, Junior Sewer Worker, effective February 25, 1994. Motion by Councilmember Funke, seconded by Councilmember Cummings to grant authorization to advertise for junior sewer worker. (All in favor) Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the purchase of one 1994 Kubota 2400 tractor with mower deck and cab at a cost of$12,000 plus tax. (All in favor) PUBLIC HEARINGS 1. This is the day and time for the public hearing on the issuance by the City of Stillwater, Minnesota, of its industrial development refunding revenue bonds on behalf of River Valley Professionals. Notice of hearing was published in The Gazette on January 31, 1994. e City Attorney Magnuson explained these were conduit bonds and the City would incur no obligation or cost. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the issuance and sale of industrial development refunding revenue bonds on behalf of River Valley Professionals, A Minnesota General Partnership. (Resolution 94-39) Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None UNFINISHED BUSINESS 1. Myrtle Street Ravine Drainage Project. L.I. 284 Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution approving the plans and specifications and ordering advertisement for bids for Myrtle Street Ravine Drainage Project, L.I. 284. (Resolution 94-40) Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley e 4 e e e Stillwater City Council Minutes Regular Meeting February 15, 1994 Nays - None 2. Marketplace Lift Station. L.I. 301 Motion by Councilmember Bodlovick, seconded by Councilmember Cummings, to adopt the appropriate resolution approving the plans and specifications and ordering advertisement for bids for Marketplace Lift Station, L.I. 301. (Resolution 94-41) Ayes - Councilmembers Bodlovick, Cummings, and Funke Nays - None Abstain - Mayor Hooley 3. Highlands of Stillwater. 5th Addition. L.I. 302. Motion by Councilmember Funke, seconded by Councilmember Cummings, to adopt the appropriate resolution approving the acceptance of the feasibility report and ordering a Public , Hearing for Highlands of Stillwater, 5th Addition, L.I. 302. (Resolution 94-42) Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None 4. Review and ap.vroval of business license application forms City Coordinator Kriesel explained the proposed application forms and list of organizations to be considered for licensing. City Attorney Magnuson explained legal requirements for licensing. Shawn Draper, Stillwater Area Chamber of Commerce, offered assistance and input from the Chamber. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the business license form and list of organizations to be considered for business licensing. (All in favor) 5. Possible first reading of ordinance amending Ordinance No. 783 - Business Licensing Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to have a first reading of an ordinance amending Ordinance 783, Requiring Business Licenses Within the City. 5 Stillwater City Council Minutes Regular Meeting February 15, 1994 e (All in favor) 6. No Parking on Neal Avenue from Curve Crest Blvd. to West Orleans Street. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution establishing No Parking on Neal Avenue from Curve Crest Blvd. to West Orleans Street. (Resolution 94-43) Ayes - Councilmembers Bodlovick, Cummings, and Funke Nays - None Abstain - Mayor Hooley No Parking on Neal Avenue from Curve Crest Blvd. to 1000 Feet South of Curve Crest. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing No Parking on Neal Avenue from Curve Crest Boulevard to 1000 feet south of Curve Crest. (Resolution 94-44) Ayes - Councilmembers Bodlovick, Cummings, and Funke Nays - None Abstain - Mayor Hooley e No Parking on State Trunk Highway 36 Frontage Road from Washington Ave. to 1000 Feet South of Curve Crest.. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution establishing No Parking on State Trunk Highway 36 frontage road from Washington Avenue to 1000 feet south of Curve Crest. (Resolution 94-45) Ayes - Councilmembers Bodlovick, Cummings, and Funke Nays - None Abstain - Mayor Hooley No Parking on Curve Crest Boulevard Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution establishing No Parking on Curve Crest Boulevard. (Resolution 94-46) Ayes - Councilmembers Bodlovick, Cummings, and Funke e 6 e e e Stillwater City Council Minutes Regular Meeting February 15, 1994 Nays - None Abstain - Mayor Hooley NEW BUSINESS Motion by Councilmember Cummings, seconded by Mayor Hooley, to elect Councilmember Funke vice-chairman pro-tern. (Ayes - 3; Nays - 1, Bodlovick) Vice-Chairman Pro-Tern Funke chaired the next item. 1. Request for consideration of tax increment financing assistance for downtown hotel development. Community Development Director Russell gave a brief description of the proposed hotel construction and request for TIF assistance. Discussion followed. I At the request of Mr. Richard Kilty, 118 We~t Oak Street, City Clerk Weldon read the major points of the written proposal of Hoffman Development Corporation. At the recommendation of staff, Council set a workshop to discuss the requests of the developer for March 1, 1994, from 4:30 p.m. - 6:00 p.m. Mr. Dick Anheier, Hoffman Development Corporation, spoke briefly and agreed to attend the March 1 workshop. Mayor Hooley resumed the Chair. 2. Request to set dates for City Council workshop regarding public facilities element of the Comprehensive Plan Update. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to set a workshop for March 7, 1994, at 7 p.m. in the Council Chambers, to discuss the public facilities element of the Comprehensive Plan Update. (All in favor) 3. Request for City Council workshop with Planning Commission to discuss results of Phase I Plan Update. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to set a workshop with the Planning Commission for March 7, 1994, at 7 p.m. in the Council Chambers, to discuss results of Phase I Plan Update. (All in favor) 7 Stillwater City Council Minutes Regular Meeting February 15, 1994 e 4. First reading of ordinance implementing the Wetlands Conservation Act. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to have a first reading of Ordinance 786, implementing the Wetlands Conservation Act. (Ayes - 3; Nays - 0; Abstain - 1, Funke) 5. North Broadway Extension of Water and Sanitary Sewer Lines. L.I. 303. Motion by Councilmember Cummings, seconded by Councilmember Funke to adopt the appropriate resolution accepting the petition and ordering preparation of report on improvement of North Broadway Extension of Water and Sanitary Sewer Lines, L.I. 303. (Resolution 94-47) Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None Council directed City Engineer Eckles to inform petitioner that approval is contingent upon agreement to bear liability for the costs"ofthe study. Mayor Hooley passed gavel to Vice-Chairman Pro-Tern Funke for the next item. e 6. Chanie Order for West Junior High Parkini Lot. Consulting Engineer Moore explained the change order request. Discussion followed. Motion by Councilmember Funke, seconded by Councilmember Cummings to deny the Change Order for West Junior High Parking Lot. (Ayes - 3; Nays - 0; Abstain - 1, Mayor Hooley) Mr. Richard Kilty requested Fourth Street be restored to its original60-foot width and add sidewalks. The City Engineer was directed to consider the request. Motion by Councilmember Funke, seconded by Councilmember Cummings, to adjourn to Executive Session to discuss potential litigation and liability resulting from denial of the Change Order. (All in favor) Council adjourned to Executive Session at 10:40 p.m. and reconvened at 11 p.m. Motion by Councilmember Funke, seconded by Councilmember Cummings to reconsider the Change Order for West Junior High Parking Lot. (All in favor) 8 e e e e Stillwater City Council Minutes Regular Meeting February 15, 1994 City Attorney Magnuson stated the denial of the change order would cause a great inconvenience to the people and additional expense to resolve the issue. He also stated that Cub Foods would be contacted in regard to sharing the costs of the Change Order. Motion by Councilmember Cummings, seconded by Councilmember Funke, to adopt the appropriate resolution approving the Change Order for the West Junior High parking lot. (Resolution No. 94-48) Ayes - Councilmembers Bodlovick, Cummings, and Funke Nays - None Abstain - Mayor Hooley Mayor Hooley resumed the Chair. CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by.Councilmember Cummings to approve the Consent Agenda of February 15, 1994, including the following: 1. Directing Payment of Bills (Resolution No. 94-37) 2. Applications: Permit to Consume James Nelson, Jr. Wild West Days Sept.24-25,1994 Lowell Park Stillwater Jaycees Chris Mikulski Snow Festival Softball game March 5-6, 1994 Lily Lake Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None STAFF REPORTS (continued) 1. City Clerk Request to Purchase 5-drawer Lateral Filin2 Cabinet Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve purchase 9 Stillwater City Council Minutes Regular Meeting February 15, 1994 e of 5-drawer lateral filing cabinet. (All in favor) Request to Attend Municipal Clerks & Finance Officers Annual Conference Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the attendance of Clerk Weldon at the Municipal Clerks & Finance Officers Annual Conference in St. Cloud, Minnesota. (All in favor) Request to Purchase Two Desks Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the purchase of two desks. (All in favor) 2. City Coordinator Selection of architect for Stillwater City Hall building project. City Coordinator Kriesel presented the proposals submitted by the architectural firms of TKDA and Associates, Inc., and BWBR Architects for the city hall building project. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the selection ofBWBR as the architect for the Stillwater City Hall building project. (Resolution No. 94-49) e Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None Purchase of wall-mounted camera Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the purchase of a wall-mounted closed-circuit camera for the Council Chambers. (All in favor) Charter Commission Proposal Motion by Councilmember Funke, seconded by Councilmember Cummings, to request that Mayor Hooley meet with the Charter Commission regarding the proposed Charter amendment regulating the use of City-owned land. (All in favor) Term Limits for Local Officials City Coordinator Kriesel presented information from the League of Minnesota Cities (LMC) proposing a resolution opposing term limits for local officials. The Council took no action. Family Medical Leave Act 10 e e e e Stillwater City Council Minutes Regular Meeting February 15, 1994 City Coordinator Kriesel presented sample policy language from LMC relating to the Family Medical Leave Act and explained the need to incorporate similar language into the personnel policy. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to amend the Personnel Policy to include the appropriate language relating to the Family Medical Leave Act. (All in favor) COMMUNICA TrONS Minneapolis/St. Paul International Airport Location Mayor Hooley read an Airport Policy Statement and letter from the Stillwater Area Chamber of Commerce requesting Council to pass a resolution supporting efforts to keep the Minneapolis/St. Paul International Airport at its present location. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to adopt the appropriate resolution supporting efforts to keep the Minneapolis/St. Paul International Airport in its present location. (Resolution No., 94-58) , Ayes - Councilmembers Bodlovick, Cummings, Funke, and Mayor Hooley Nays - None Property Tax Meeting Mayor Hooley read a letter from the Stillwater Area Chamber of Commerce extending an invitation the Council to attend a meeting regarding property tax reform, scheduled for February 21, 1994, from 8-10 a.m. at the Washington County Government Center. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adjourn the meeting at 11 :20 p.m. (All in favor) MA YOR ATTEST: CITY CLERK 11 e Stillwater City Council Minutes Regular Meeting February 15, 1994 Resolutions: No. 94-37 - No. 94-38 - No. 94-39 - No. 94-40- No. 94-41 - No. 94-42 - No. 94-43 - No. 94-44 - No. 94-45 - No. 94-46 - No. 94-47 - No. 94-48 - No. 94-49 - No. 94-58 - Payment of Bills Supporting temporary storage of spent fuel by NSP Approving industrial development refunding revenue bonds on behalf of River Valley Professionals Approving Plans and Specifications for Myrtle Street Ravine Drainage Project, L.I. 284 Approving Plans and Specifications for Marketplace Lift Station, L.I. 301 Accepting Feasibility Report and Ordering Public Hearing for Highlands 5th Addition, L.I. 302 Establishing No Parking on Neal Ave. from Curve Crest to W. Orleans. Establishing No Parking on Neal Ave. from Curve Crest Blvd. to 1000 feet south of Curve Crest. Establishing No Parking on State TrUnk Highway 36 frontage road from Washington Ave. to 1000 feet south of Curve Crest. Establishing No Parking on Curve Crest Blvd. Accepting Petition and Ordering Report on Improvement ofN. Broadway Extension of Water and Sanitary Sewer Lines, L.I. 303 Approving Change Order for West Junior High Parking Lot Approving selection ofBWBR as architect for City Hall building project. Supporting efforts to keep Minneapolis/St. Paul International Airport in its present location. e e 12 SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES February 22, 1994 4:30 p.m. e The meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Funke, Kimble, and Mayor Hooley Absent: Councilmember Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Police Chief Beberg Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Don Wisniewski, Don Theisen, Todd Weiss, John Daly, David Eckberg, Phil Eastman AWARD BID FOR TWO SQUAD CARS e Police Chief Don Beberg reported that five bids were received for two squad cars. The low bid was from Polar Chevrolet for $28,848, and Chief Beberg recommended the bid be awarded to Polar Chevrolet. Discussion ensued regarding the next lowest bid, from Stillwater Ford, for $29,432, and the benefits of purchasing the vehicles locally. Motion by Councilmember Funke, seconded by Councilmember Kimble to . adopt the appropriate Resolution approving the purchase of two police squad cars from Stillwater Ford for the submitted bid price of $29,432. (Resolution No. 94-52) Ayes - Councilmembers Bodlovick, Funke, Kimble, and Mayor Hooley Nays - None REPLACEMENT OF SERGEANT'S CAR Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve acceptance of the insurance company's payment of $5,600 and to authorize replacement of the sergeant's car. (All in favor) CONTINUATION OF DISCUSSION WITH WASHINGTON COUNTY PUBLIC WORKS REGARDING COST SHARING FOR COUNTY ROAD 5 e Don Wisniewski, director of Public Works for Washington County and Don Thiesen, deputy director, met with Council to discuss the County Road 5 project. Mr. Thiesen presented a traffic signal review for the County Road 5 and pine Street Stillwater City Council Minutes Special Meeting February 22, 1994 e intersection, and reported that the intersection does not meet the warrants for a traffic signal. Council also discussed cost sharing for the County Road 5 project. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution approving cost sharing with Washington County for the County Road 5 project. (Resolution No. 94-53) Ayes - Councilmembers Bodlovick, Funke, Kimble, and Mayor Hooley Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the agreement between the City of Stillwater and Washington County for cost sharing for the County Road 5 project, subject to the City Attorney's approval, and authorizing the Mayor and Clerk to sign said agreement. (All in favor) WORKSHOP TO DISCUSS LUMBERJACK DAYS e Council met with Todd Weiss, John Daly, David Eckberg, and Phil Eastman representing a non-profit organization interested in sponsoring this year's Lumberjack Days. The organization requested exclusive use of Lowell Park from July 27 through July 31. The group also discussed proposed activities for the event, including the parade. Council agreed it would be beneficial to have a workshop with other local organizations, including the Chamber of Commerce, before granting exclusive rights to the park. Council agreed to meet on Saturday, February 26, at the Freight House. Dave Swanson, former parade chairman will also be invited to the workshop. RECESS Motion by Councilmember Kimble, seconded by Councilmember Funke to recess the meeting at 6:00 p.m. (All in favor) MAYOR (v}~LU,t~ ~ C CITY CLERK _I ATTEST: 2 e e e Stillwater City Council Minutes Special Meeting February 22, 1994 Resolutions: No. 94-52 - Purchase of two squad cars from Stillwater Ford No. 94-53 - Approving cost sharing for Co. Rd. 5 project 3 - RECESSED MEETING STILLWATER CITY COUNCIL MINUTES February 22, 1994 7:00 p.m. The meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Public Works Director Junker Consulting Engineer Peters Recording Secretary Schaubach Press: Mike Marsnik, Stillwater Gazette Others: Byron Doyle, Mr. and Mrs. Nord, Don Madsen, Brian Hirsch, Tim Sample, Tim Parker, Julie Larson, Mary Dwyer, Dan Fabian, D~an Hanson, e PUBLIC HEARING: NORTH WILLIAM STREET IMPROVEMENTS, L.I. 297 Consulting Engineer Peters reviewed the proposed project and the mock assessment roll. Mayor Hooley opened the hearing to audience members. Byron Doyle, 120 N. William, asked if the project was subject to a vote of the affected property owners. City Attorney Magnuson stated that the project was initiated by the City and will require a 4/5ths majority vote of the Council. Mr. Nord, corner of North William and Mulberry Streets, expressed concern because he owns a corner lot. Kathy Nord stated that she is opposed to the project. City Engineer Eckles reported on the pavement management program rating of this street. Mayor Hooley closed the Public Hearing. Motion by Councilmember Cummings, seconded by Councilrnember Bodlovick to adopt the appropriate resolution approving the project and ordering the plans and specifications for the North William Street Improvements, L.I. 297. (Resolution No. 94-54) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None PUBLIC HEARING: NORTH SHERBURNE STREET IMPROVEMENTS, L.I. 298 e 1 e Consulting Engineer Peters reviewed the project and Mayor Hooley opened the hearing to public comments. A resident of 118 North Sherburne commented that his taxes have more than doubled since moving to Stillwater nine years ago. Don Madsen, 202 North Sherburne Street, asked about asphalt curbs versus concrete curbs. Brian Hirsch, 304 North Sherburne Street, asked if assessments must be paid before selling his house. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble approving the project and ordering the plans and specifications for the North Sherburne Street Improvements, L.I. 298. (Resolution No. 94-55) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None PUBLIC HEARING: SOUTH SIXTH STREET IMPROVEMENTS, L.I. 299 e Consulting Engineer Peters presented the pr~ject. Dan Sample, 315 South 6th Street, stated that he 1S replacing his foundation, and will have trucks in and out of his driveway during construction. He was advised to work with the City Engineer to accomodate his needs during the construction. Tim Parker, 321 W. Olive, suggested that the reconstruction continue further north, to Myrtle. He also suggested a four- way stop at Olive and 6th Streets. Julie Larson and Mary Dwyer, 424 South 6th, asked about payment of the assessments. Dan Fabian, 326 South 6th Street, questioned the need for replacement of the storm sewer. Dean Han~en, 402 South 6th Street, stated he agrees that the road should be improved, but not widened. He does not want to lose his boulevard trees. He also stated that the limestone curbs should not be removed. Bob Vockrodt, 418 South 6th Street, sent a letter which was read by Julie Larson. He asked if the original cobblestone street could be restored. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution approving the project and ordering plans and specifications for the South Sixth Street Improvements, L.I. 299. (Resolution No. 94-56) e Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None (Council took a 5-minute recess and reconvened at 9:00 p.m.) 2 - PUBLIC HEARING: WEST MULBERRY STREET IMPROVEMENTS, L.I. 300 Mr. Peters reviewed the project. Mr. Nord stated that he and his neighbors, the Dickinsons, were not notified of this hearing. Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution approving the West Mulberry Street improvements, L.I. 300. (Resolution No. 94-57) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to advertise separately for bids for sidewalk replacement for L.I. 300. (All in favor) OTHER BUSINESS Joint Meeting With Oak Park Heights - City Coordinator Kriesel reminded Council of a joint meeting wi th the Oak Park Heights City Council and Bayport City e Council on Thursday evening at 7:00 p.m. Purchase of Computer - Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the purchase of a computer for the Administration Department at an approximate cost of $2,000. (All in favor) ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 9:35 p.m. (All in favor) MAYOR ATTEST: ~~ (~)--Pd-ifY1 CITY CLERK Resolutions: No. 94-54 - Approving N. William St. improvements, L.I. 297 No. 94-55 - Approving N. Sherburne St. improvements, L.I. 298 No. 94-56 - Approving S. Sixth St. improvements, L.I. 299 No. 94-57 - Approving W. Mulberry St. improvements, L.I. 300 e 3 e REGULAR MEETING STILL WATER CITY COUNCIL MINUTES February 28, 1994 4:30 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley. Absent: Councilmember Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Building Official Zepper Consulting Engineer Moore Community Development Director Russell Finance Director Deblon Fire Chief Ness Police Chief Beberg City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier e RATIFICATION OF COUNCIL POLL Purchase of Squad Cars Chief Beberg reported he met with Bill Campbell of Stillwater Ford to order two squad cars. Upon detailed examination of the items included in the bid submitted by Stillwater Ford, they found the bid did not meet the required specifications. To meet specifications, the cost would increase from $29,432 to $30,616. Chief Beberg asked for direction from Council. Mayor Hooley explained that an informal poll of Council was taken by City Coordinator Kriesel because action was needed prior to the next regularly scheduled meeting of February 28, 1994, in order to meet the factory purchasing order deadline of February 28, 1994. Mayor Hooley, Councilmembers Funke and Kimble expressed their approval to order the squad cars from Stillwater Ford at a total cost of $30,616. Councilmember Bodlovick disapproved. Councilmember Cummings was not available. e Councilmember Bodlovick stated the Stillwater Ford bid should be rejected for non- compliance and awarded to the low bidder. At the February 15, 1994, Council Meeting, the Council approved the purchase two squad cars at $584 above the low bid, citing the location of service as the justification for bypassing the low bid. Councilmember Bodlovick reported the League of Minnesota Cities Handbook states choice of locale is not justification to bypass a low bid. City Council - Regular Meeting February 28, 1994 Page 2 e City Attorney Magnuson explained that quality and closeness of service can be a consideration in determining quality and value. He also stated the telephone polling of the Council was a violation of the spirit of the open meeting law, and any action taken by Council must be made at an open meeting. Ratification of the poll at a regular meeting is not sufficient. Therefore, all decisions made during the poll should be considered void. City Attorney Magnuson recommended revoking the award of bid to Stillwater Ford on the basis of not conforming with the bid specifications. Motion by Councilmember Kimble, seconded by Councilmember Funke to reject all bids and readvertise for bids for two squad cars. Ayes - Council members Kimble and Funke Nays - Mayor Hooley and Councilmember Bodlovick Motion by Council member Kimble, seconded by Councilmember Funke to table the squad car discussion until a full council is present. All in favor. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Parking on North Third Jennifer Pidde, 2009 North Third Street, expressed concern regarding dumping in the ravine and parking problems on North Third Street. e Jay and Carol Kraftheffer, 2012 North Third Street, requested repair of damage to their property by a city snowplow, no parking regulations established for the west side of North Third Street, and also expressed concern regarding dumping in the adjoining ravine. City Attorney Magnuson reported City Engineer Eckles has met directly with the Minnesota Pollution Control Agency (PCA) regarding the dump site cleanup. He also stated North Third Street is not a public street; therefore, the City cannot impose no parking restrictions until the City receives an easement for street purposes or a final certificate of condemnation proceeding. Council directed City Engineer Eckles to coordinate the repair of damage to the Kraftheffer property. Mr. Mike Robinson, 2013 North Third Street, stated he believed North Third Street should be classified as a public street. e e City Council - Regular Meeting February 28, 1994 Page 3 Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution ordering a feasibility report to study street, utility, and environmental improvements to North Third Street. (Resolution 94-60) Ayes - Councilmembers Bodlovick, Funke, Kimble, and Mayor Hooley Nays - None 2. Lily Lake Water Quality Report Tim Fredbo, of the Washington Soil and Water Conservation District was unable to attend. Council authorized Community Development Director Russell to hold an informational meeting with the residents adjacent to Lily Lake and other interested parties to present the study findings. It STAFF REPORTS 1. Police Chief Paperless Records System Police Chief Beberg reported on the estimated 'costs of a paperless records system with the Washington County Sheriff s Department. Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution authorizing the ordering of the paperless records system. (Resolution 94-61 ) Ayes - Councilmembers Bodlovick, Funke, Kimble, and Mayor Hooley Nays - None 2. City Engineer Approval of Settlement for Damage to Private Property City Engineer Eckles reported that a settlement was reached with Todd and Connie Outcelt for the property that was damaged during the construction of a parking lot on adjacent property. Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution approving a cash settlement of $1000 for damages to private property located at 400 South Oak Street. (Resolution 94-51) e Alteration of Contract with S.H. Hentges Council authorized City Engineer Eckles to negotiate an amendment to the contract with S.M. Hentges and Sons, Inc., to change the start time from 8 a.m. to 7 a.m., as allowed by Ordinance No. 772 - Noise Control and Regulation. City Council - Regular Meeting February 28, 1994 Page 4 3. Fire Chief Radio P.L. System Motion by Councilmember Kimble, seconded by Councilmember Funke to approve changeover of radios to a P.L. system. All in favor. 4. Community Development Director Request to Attend Conference Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the attendance of Community Development Director Russell at the National Planning Conference in San Francisco, California, April 16-20, 1994. All in favor. Motion by Councilmember Funke, seconded by Councilmember Kimble to recess the meeting at 6:10 p.m. MAYOR Attest: CITY CLERK - e e e e e RECESSED MEETING STILL WATER CITY COUNCIL MINUTES February 28, 1994 7:00 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley. Absent: Councilmember Cummings Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Public Works Director Junker City Engineer Eckles Consulting Engineer Moore Consulting Engineer Peters Planning Commission Chair Fontaine City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the February 8, 1994, Special Meeting. All in favor. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Wild West Days Mr. R. Romero, representing Wild West Weekend, requested a $3,500 contribution from the city to help fund the event. Councilmember Funke stated this would be the last year the City will donate funds to Wild West Weekend; the organizers expect to be self-sufficient next year. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution approving the request for $3,500 from the Special Events Fund to help fund Wild West Days. (Resolution 94-62) City Attorney Magnuson was directed to prepare the appropriate contract between organizers and City. Ayes - Councilmembers Funke and Kimble, Mayor Hooley Nays - Councilmember Bodlovick City Council - Recessed Meeting February 28, 1994 Page 2 e PUBLIC HEARlNGS 1. Northland Avenue Improvement. L.I. 296 Barry Peters, Short Elliott Hendrickson Inc., presented an overview of the project. Mayor Hooley opened the public hearing. Chuck Hill, 600 Northland Avenue, questioned the difference in cost for resurfacing and reconstruction. City Coordinator Kriesel explained the assessment formula. Joe Renfrow, 604 Northland Avenue, spoke in favor of the project. He stated he spoke in strong opposition when the project was proposed two years ago. However, the work needs to be done, the cost to the residents has been reduced significantly in the current proposal, and he now strongly supports approval of the project. John Melville, 125 Northland Avenue, stated special consideration should be given for the segments of road that deteriorated because the original construction was substandard and should have lasted longer.., City Coordinator Kriesel read the City policy relating to road assessments, stating a time-frame of 15-20 years for resurfacing, e 20-25 years for partial reconstruction, and 25-30 years for full reconstruction Bob Reid, 227 Northland Avenue, asked what tonnage the road would support. Barry Peters stated the road was being constructed to nine ton specifications. Char Hauger, 607 Northland Avenue, asked for information on the study of street conditions and rating. Dick Moore, Short Elliott Hendrickson, Inc., explained the pavement management system. Mary Sandgren, 320 Northland Avenue, stated her concern that the drainage problem at her location be corrected at the time of reconstruction. Mr. Peters stated the project would include correction of drainage problems. Johnnie Johnsen, 915 Northland Avenue, asked how the costs will be assessed. City Coordinator Kriesel stated the costs are assessed over a lO-year period at 7-8 percent interest or may be paid in full at any time. John Nylund, 160 Northland Avenue, requested the project be delayed one year and expressed his concerns relating to truck traffic, speed, and drainage. Mayor Hooley stated the traffic problems are a function of law enforcement. Mayor Hooley closed the public hearing. e e City Council - Recessed Meeting February 28, 1994 Page 3 Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution Ordering the Improvement and Preparation of Plans for Northland Avenue Improvements, L.I. 296. (Resolution 94-63) Ayes - Councilmembers Bodlovick, Funke, Kimble, and Mayor Hooley Nays - None 2. Minor Subdivision, Case No. SUB/94-3, Richard and Janet Kutz, applicants. Community Development Director Russell presented an overview of the proposed three-lot subdivision and showed a video tape of the affected area. He stated the request includes a modification to the subdivision standards for street width, with a 24 foot width being requested. He addressed public utility issues and stated the drainage and grading plans have not yet been provided. He also reported special precautions would be necessary to prevent impact on wetlands. Mayor Hooley reported letters opposing the subdivision request were received by Council from the following: Jon and Jackie Pedersen, Todd King, Anthony and Patricia Zanko, and Gregor Norgaard. e Planning Commission Chair Fontaine stated the request was approved on a split vote at the February 14, 1994, Planning Commission Meeting. Those in favor felt the request met all zoning requirements. Those opposed felt two lots should be the maximum allowed because the third lot would require considerable disruption of the wetland area. Mayor Hooley opened the public hearing. Dave Harvieux of Edina Realty, representing Richard and Janet Kutz, explained the proposal. Barry Stack, land surveyor for the project, described the grading plan. Greg Norgaard, 380 Wildwood Court, expressed concerns regarding the draining and filling of wetlands and possible disruption of semi-volatile organic compounds at the old city dump site. Todd King, 210 Wildwood court, expressed his concern as a professional soil scientist of the environmental impact and requested a wetland survey be conducted. Jim Blichfeldt, brother of Janet Kutz, emphasized the Kutz' desire to sell and the rights of a property owner to determine the use of their land. e Jon Petersen, 480 Eagle Ridge Trail, also expressed concern regarding the impact on wetlands due to filling required for the roadway and the potential environmental City Council - Recessed Meeting February 28, 1994 Page 4 e impact related to disturbing contaminated areas. He also reminded Council that both the Park and Recreation Committee and City planning staff have recommended denial of the development request. Pat Zanko, 540 Eagle Ridge Trail, expressed concerns relating to wetlands and assessments. Kathy King, 210 Wildwood Court, stated she and several neighbors did not receive mailed notice of this hearing. Community Development Director Russell confirmed that notices were sent to all properties within 300 feet of the boundary of the proposed subdivision and notice published in the Stillwater Gazette. David Brekke, 645 Eagle Ridge Trail, felt there were too many unanswered questions and asked that the Council take a long look before acting. Mark Hachbarth, 731 Eagle Ridge Trail, also stated concern with the environmental hazard and destruction of a natural area. He asked that the site be considered for park land. Councilmember Cummings arrived at 8:45 p.m. e Dave Harvieux, Edina Realty, stated the proposed project is not detrimental to the environment and is consistent to the area already developed, meets code, and adds to the tax base. Wally Milbrandt, 172 Mallard Court, expressed concern regarding flow of water to the pond on his property. Mayor Hooley closed the public hearing. Councilmember Funke explained he would move for denial based on the following: it would be harmful to the environment to destroy the 8-foot-wide trolley track to accommodate the 24-foot-wide roadway, no grading plan was submitted, and filling of the swamp on the north side would violate the Wetland Conservation Act of 1991 as amended by the laws of 1993, Chapter 175. Motion by Councilmember Funke, seconded by Councilmember Cummings to deny the request for approval of a minor subdivision, Case No. SUB\94-3. City Attorney Magnuson stated the decision is within the discretion of the Council. The basis for the decision should be the information presented by the applicant, letters submitted from the public, and testimony at the public hearing. ei I e e ie ..,. . City Council - Recessed Meeting February 28, 1994 Page 5 Discussion relating to sanitary sewer, wetlands, and roadway construction followed. City Engineer Eckles stated he did not feel sufficient information was available to make a decision on these development issues. Community Development Director Russell stated staff recommendation was consistent with the existing motion. Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None Mayor Hooley recessed the meeting at 9 p.m. The meeting reconvened at 9:15 p.m. 3. Planned Unit Development. Case No. PUD/94-4, Dick Zimmerman, Erickson Post. Inc., applicant. Community Development Director Russell reported Richard Zimmerman had requested a continuance until the April 5, 1994, meeting. Motion by Councilmember Kimble, seconded by Councilmember Funke to grant a continuance of the request for approval of Case No. PUD/94-4 until the regular April 5, 1994, meeting. All in favor. UNFINISHED BUSINESS I. Second reading of an Ordinance amending the City Code relating to a Zoning Map Amendment. Community Development Director Russell reported Richard Zimmerman had requested a continuance until the April 5, 1994, meeting. Motion by Councilmember Kimble, seconded by Councilmember Funke to grant a continuance of the request for a second reading of an Ordinance amending the City Code relating to a Zoning Map Amendment to rezone a 3.1 acre parcel from RA, Single-Family Residential to BP-C, Bus.Pk.Comm. located at 2500 W. Orleans St. & Co.Rd.5, City of Stillwater, applicant, until the regular April 5, 1994, meeting. All in favor. 2. Second reading of Ordinance No. 787, amending Ordinance No. 783 - Business Licensing. Motion by Councilmember Kimble, second by Councilmember Bodlovick to have the second reading of Ordinance No. 787, amending Ordinance No. 783. All in favor. .... ,. . City Council - Recessed Meeting February 28, 1994 Page 6 e NEW BUSINESS I. Consideration of purchase of site located at Water and Chestnut Streets for city park. Community Development Director Russell reported on the availability for purchase of a site located at Water and Chestnut Streets. Motion by Councilmember Funke, seconded by Councilmember Kimble to authorize Community Development Director Russell to further investigate the possible purchase by the City of the site at Water and Chestnut Streets for a possible redevelopment site. All in favor. 2. Approval of 1994 RecyclinQ Service Grant Application. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution approving the 1994 Recycling Grant Application. (Resolution 94-64) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 3. Payment No.2 - Peoples Electrical Contractors. Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the e appropriate resolution approving Payment No. 2 - Peoples Electrical Contractors for the signal system at Intersection of South Greeley and Curve Crest Boulevard. (Resolution 94-65) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the Consent Agenda of February 28, 1993, including the following: I. Directing Payment of Bills. (Resolution No. 94-50) 2. Contractors License Applications: Kraus Anderson, 525 South Sixth Street, Stillwater Michael Gabler, 323 South Sixth Street, Stillwater 3. Approval to submit claim of Evy Pixley to insurance carrier. Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None COMMUNICA TIONSIREOUESTS City Coordinator Kriesel reported the Charter Commission has requested a workshop I el If' e City Council - Recessed Meeting February 28, 1994 Page 7 with the full Council. Mayor Hooley requested the workshop be held in April. No action was taken. COUNCIL REQUEST ITEMS 1. Purchase of Squad Cars Motion by Councilmember Bodlovick, seconded by Mayor Hooley to adopt the appropriate resolution awarding the bid for the purchase of two squad cars to the low bidder, Polar Chevrolet. (Resolution 94-66) City Attorney Magnuson stated that according to information presented by Police Chief Beberg, the Stillwater Ford bid did not conform to the bid specifications, and the law requires a non-conforming bid be rejected. Ayes - Councilmembers Bodlovick, Kimble, and Mayor Hooley Nays - Councilmember Funke Abstain - Councilmember Cummings e 2. Civil Defense Director Mayor Hooley requested the appointment of Stuart Glazer as Stillwater Civil Defense Director. City Coordinator Kriesel reported most cities have a public safety official. He also stated this may be an interim position. Motion by Councilmember Funke, seconded by Councilmember Kimble to appoint Stuart Glazer as Stillwater Civil Defense Director. All in favor. . 3. Joint meeting with Oak Park Heights and Bayport Councils Mayor Hooley reported the joint meeting of Stillwater, Oak Park Heights and Bayport City Councils has been rescheduled for April 13, 1994, at 7 p.m. at Oak Park Heights. STAFF REPORTS (continued) 1. Agreement with American Legion and Lumberiack Davs Festival Association Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution approving the request for $6,000 from the Special Events Fund to help fund to the American Legion for the Lumberjack Days Parade and $4,000 for "seed" money to the Lumberjack Days Festival Association. The American Legion will pay to the City any revenues in excess of $1,000 to be used for future parades and the Association will return the __ $4,000 "seed money" for future civic events. (Resolution 94-67) -.. City Council - Recessed Meeting February 28, 1994 Page 8 e City Attorney Magnuson was directed to prepare the appropriate contract between organizers and City. Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Nays - None 2. Minnesota Pollution Control Agency Voluntary Investigation and Cleanup City Attorney Magnuson reported on the invitation from the Minnesota Pollution Control Agency (MPCA) to enroll in the Voluntary Investigation and Cleanup Program for the old Stillwater city dump site. Motion by Councilmember Kimble, seconded by Councilmember Funke to direct City Engineer Eckles to submit the application for participation in the MPCA Voluntary Investigation and Cleanup Program. All in favor. ADJOURNMENT Motion by Council member Funke, seconded by Councilmember Kimble to adjourn the meeting at 9:45 p.m. All in favor. e MAYOR Attest: CITY CLERK Resolutions: No. 94-50 - Directing Payment of Bills No. 94-51 - Approving Payment for Damage at 400 South Oak Street No. 94-60 - Ordering Feasibility Report for North Third Street Improvements No. 94-61 - Ordering of Paperless Records System No. 94-62 - Approving Funding for Wild West Days NO. 94-63 - Ordering Improvement, L.L 296 No. 94-64 - Approving 1994 Recycling Grant Application No. 94-65 - Approving Payment No. 2 - Peoples Electric No. 94-66 - Awarding Bid for Squad Cars to Polar Chevrolet No. 94-67 - Approving Funding of Lumber Jack Days * Due to the scheduling of Precinct Caucuses on Tuesday, March 1, 1994, the regularly scheduled City Council meeting has been rescheduled for February 28, 1994. e e Comprehensi.....e Plan Bullding Code Proposals View Consideratiorr3 t'1arch 7, 1994 Condition - The current building code does not provide informfition neeljelj bq ad1acent and nearbq neiQhbors in assessinq the irnpact of proposed "_ _ _ '100 ... constructi on to potent i ell ~~ obstuct vi e\^(s and vi stas where there is ljradient and the location of the structure on the bull1jing site is not establishelj There is no code requirernent for rid~~eline ele'...'aUon on plan'3 3ubmi ttelj for buil di ng pennit or .....ari ances enlj no requi rernen t for '/erti ca I fJrllj hori zonta I st.ructure out! i ni ng t.o f1'3se'3S potenti a I i rnpact of constructi on on the vi eW'3 and vi stas of fld j acent and nearblj neI ghbor"3 e Proposjil~3 - (1 )The bui Idini~ code should lnclude the reqUlrement HIM bUl bjing pennit ;ipplications for sites with gradient and obvious vie\"ts and vistas that rnaq "- "- impact nearblA residents should be required to have ridgeline elevation surve~:l'3 and a vertical and horizontal structure outline with notice to potenti a IlIJ impacted neflrblJ resi dents pri or to the issuance of the bui llji nlJ permit and a'~ain for an~~ consequent site variance request. (2).On building sites with gradients and obvious VIews and VIstas.. the buil1jing code height l1mit should be reduced so thelt ri,jgeline height of the propose1j construction Ijoe3 not e~<ceed the lowest of the existing rhjgeline heights relati.....e to the street common to the 10\Nest existing ridge line and the proposed construction. Respectfull~:l submi tted, .John A. Krflerner 141 I) Plverview Drive Stillwater.. f'1N 55082 439-4350 e e Date: March 7, 1994 To: stillwater Mayor Hooley and City Council From: Vall ey Transi t, Inc ./~./ I' If/" Jim Kolb AI/ P.O. Box 138 Stillwater, MN 55082 433-3273 Re: Demonstration project to provide Saturday bus service. Background: Valley Transit's weekday service operates between 7:00 am and 5:16 pm and is funded 100% by the Regional Transi t Board. This is unusual because all other RTB contracts are funded 65% RTB and 35% 1 acal communi ty. 100% funding for Vall ey Transi t is due to the age of the contract; 18 years. The RTB would like to see a 65% - 35% split for any new service which applies to the request for Saturday service. e Cost Analysis: 6 Month Demonstration - May 7 through October 29 Hours - 9:00 am~to 5:00 pm = 8 hours x 26 Saturdays x $46.258/hour = $9621.66 6596 RTB 35% Stillwater 6254.07 3367.59 9621. 66 RTB maximum subsidy permitted is $4.00 per passenger. In order to continue service beyond the 6 month demonstration period Valley Transit would need to provide service for 92 passengers per Saturday. Potential Destinations: Senior Buildings Farmer's Market Downtown activities Cub Food's/Target Coop st. Croix Mall Clinics/Hospital Nursing Homes Libraries St.Croix Drug Banks e This service would primarily serve Transit Dependent Senior Citizens who are unable to find transportation on Saturday. cc: Paul Colton, Stillwater Planning Department e e e MEMORANDUM TO: Mayor and City Council ~ ~~\ FROM: Diane Deblon, Finance Director RE: Flexible Benefit Plan DATE: March 10, 1994 The City Council has previously approved the concept of a Flexible Benefit Plan for health and dependant care coverage. The City has received a proposal from MIl Life, Inc. (a subsidiary of BC & BS) to set up and administer the flex plan for the City of Stillwater. The first year annual cost is $1430.00 plus $4.50/month per participant. The second year annual tee drops to $955.00. An advantage to using BCBS is with the employees not having to submit claim forms for expenses submitted but not covered by BCBS. The payback to the City for the $4.50 per month charge would be covered when an employee chooses to participate in the plan with a contribution of $60.00 per month. I would recommend the City Council approve the proposal of MIl Life for the Flexible Spending Accounts. - ,e MEMORANDUM TO: Mayor and City Council .r\ Diane Deblon, Finance Director ~ ~ Jr _ High Parking Lot Budget FROM: RE: DATE: March 15, 1994 It has come to my attention that the $2,500 change order request and the $6,500 request for benches would put this project over budget by those amounts. W. Wing Jr. High Proiect Construction Change Order 476,756.00 40332.55 517,088.55 95,465.00 154,368.00 134,469.00 33275.00 $ 934,665.55 - Extra Engineering Asbestos abatement Demolition Bonding, Legal, Issuance TOTAL COSTS Bond proceeds available $ 934289.00 (376.55) - Over budget - Ie MEMORANDUM TO: Mayor and City Council ~; , \ ~\ V' FROM: Diane Deblon, Finance Director RE: Planning Department Budget DATE: March 15, 1994 BACKGROUND The Planning Department has $15,000 in the 1994 "Other Professional Services" line item. It is my understanding that this $15,000 was for the camp. plan. It is Steve's understanding that the $15,000 was over and above the camp. plan budget of$25,000. ANAL YSIS I have reviewed the camp. plan expenditure for 1993 and to date in 1994. The total estimated expenditures to date are $22,888 for the camp. plan. Of the $15,000 in the 1994 budget, approximately $10,800 will be used for the original compo plan budget of $25,000. The balance of the camp. plan expenditures ($14,200) were in 1993. CONCLUSION After meeting with Nile and Steve to discuss this budget concern, Steve is requesting that an additional $10,000 be approved for the compo plan (for a total budget of $35,000). Further, he is also requesting $3,000 for the North Hill and $5,000 for McKusick pathway. The total additional requests are $18,000. Actual budget addition for 1994 would need to be $13,800, because $4200 of the 1994 budget was spent in 1993. WASHINGTON COUNTY OFFICE OF THE SHERIFF LAW ENFORCEMENT CENTER 14900 61ST STREET NORTH. P.O. BOX 3801 . STillWATER. MINNESOTA 55082-3801 Investigation Facsimile: 612/430-7803 Facsimile Machine: 612/430-7673 James R. Trudeau Sheriff Kenneth G. Boyden Chief Deputy 911 Police · Fire · Medical EMERGENCY March 9, 1994 Non-Emergency (612) 439.9381 Captain Tim Bell Stillwater Police Department 212 North Fourth Street Stillwater, MN 55082 Dear Tim: This letter follows our conversation last week about your "empty" police car that has been parked around town. I was unaware that your department had been parking the car at different locations in the city, but the dispatchers have gotten many calls about it over the last few weeks. Last week when the car was parked at Highway 36 and County Rd 5, we received several calls in a short period of time. Most of the callers were concerned about the welfare of the officer because the car was unoccupied. The State Patrol also called and said they had a Trooper in the area trying to locate the officer, and wondered if s/he needed assistance. The dispatchers estimated more than 20 calls before noon on this particular day. I certainly don't want to interfere with the operation of your department, but I have instructed the dispatchers to forward all of the calls we receive about your police car to your dispatcher or officers. The dispatchers tell me that they ~ave been tied up on the phone trying to answer the callers questions and concerns about the car. Most of the callers have not been very receptive to the idea, and'" I don't feel the Sheriff's Office is in a position to explain Stillwater's theory on the use of this car. If you have any questions or would like to discuss the matter further, please call me at 430-7615. Sincerely, s~ \-jt Pott Communications Supervisor I .. Donald W. McGlothlin .Captaln . Administration Michael Johnson Captain. Patrol Richard D. Becker Captain. Jail David Heuer Captain. Investigations Printed on Recycled Paper AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER SCOTT METCALF . (JoM ~ '~~~:!~~~;9~~~~~122 DATE: SOLD TO: CONrAcr: PHONE: FAX': OTV 37 oPtions: 37 37 o o s o 1 e March 11, 1994 STilLWATER FIRE DEPARTMENT Artn: John l3uckley Attn: oeorge Ness stillwater, MN 55082 John BUckley I George Ness 430 'J9~6 439 0456 DESCRIPTION MINITOR II . STORID VOICE. VHF 1 PACEI CALL I 2 CHANNEL CAPAISLE .. Mlnltor Pager with La Battery Alert .. 1 Channel Installed, 2 Channelcapable .. Speaker I Earphone JaCK VI on I Off vOlume control ... Alert I Monitor switch .. LED visual Alert , * NICAD Battery - "'Standard Single Unit Charger .. Stored Voice Recall .. Nylon Carry case It S Year EXtended service Agreement R522 . S Year Mallin warranty R592 . 1 32 second stored Message R139 · White Housing R140 . Red Housing R87 . Add service Manual NRN5019 .le3ther Carry Case setcom Headset for GPSOO .. "TOTAL EQUIPMENT INVESTMENT TAX - Mn state Tax (Ql 6.5% InstallatIon - customer to do own Shipping and Delivery. Pre Pay and Add ORAND TOTAL 6124527398 PO H SHIP TO: SALES; UNIT 552.11 Above 0.00 0.00 0.00 0.00 30.00 596.00 P.01 Offioe ((12) 683-1912 Fax (612) 454.3(;93 FIRE C:ONSOR'tIUM STilLWAteR FIRE OEPAR Attn: Jonn Bucklev Attn: oel)rge Ness stillwater. MN 55082 Scott Metcalf 456 9169 452 7398 (FaX) EXTENI)ED 1 :so~~a.01 Albove 0.00 0.00 0.00 0.00 0.00 :St~6.00 131124.07 fln.56 0.00 0.00 142~ MAR-08-'94 TUE 10:48 ID:CAP ELEC 5T PAUL **820 P02 "~....,.f..:~~.~ T~~~~~~~"'"'~cAP1TOL--Co~MUNiCAT~~AAl~~''' 0 822 NORTH PRIOR AVENUE. ST. PAUL. MINNESOTA 55'04 TELEPHONE: (612) 646-2511 I ),VISl(.JI(~ Capitol EIC'ctronics, Inc. " e ....... .. P'!il-'{ ....~ ~\. ,I.: ,',.. .... ....J!l~1\L__. ";': ~ . ~...'. '~/". . ~,tLLLuA-n:tz. hR~ Date ~(,..'/ 30 tli<13 t Frequency Band: 0 Lo 0 VHF 0 UHF 0 800 FCC Radio Service Item Oty. Model No. Description Unit Price Tolal I ~ l-!oaZV~12ZZ~. Mt)J1Tl:)l?:U: sv Ph!; E'\/t. I.U IN I (:A-6 , C. t+A-,~ ('.. ~t")'L. . .1 I ~ S- 'VR. . N YLol-J CA:)G .. 42..0.00 lU A-fl.~A-tv'rY. 12" O.l'D -- Total Equip. Price $12.lDo.6IO Total Trade-in Allowance $ Payment with Order $ Sub Total $ It..ft,o.oD _Monthly Lease Payments $ Imo. Ta~es $ fll. 'io Total Monthly Main. S Imo. Equipment Installation $ - Monthly Repeater I Site Rental $ Trf'nsportation $ - Frequency Coordinl\tion Fee $ Total Cat;h Price $1 ~+l.9,O FCC Fee $ Deposit S Balance Due $l~4(.qo " Prepared by: ~ J 11".1lh~' ',- '30-'\ 3 THIS PROPOSAL IS VALID FOR (30) DAYS FROM THE ABOVE DATE TERMS: NET 15 DAYS; 18% APR AFTER 30 DAYS Accepted by:. ~''l.B4-L iritlle~ DEPARTMENT __~~::~~~_::~~~~_~~_E:EETING DATE ~=~~_=_~_~ ... D~IPTION OF REQUEST (Briefly ol..Ltline what the reql.lest is) V-'-z---..J~lf.---.3.e.--Lq.:L~-_-cl:!.~E--;:24L~-?.ade....,E~42/~~~-'Z_tac _Lk:ee.._Eil.LL?;;; c--L!!:.~.6!!L~S-~J25::!.t:Cr:..it.8~..:t::...~.u:Z::::"E_Ekc!s:..a: -B4~:e..v-.A:-0d.fu'c.tL.-~&.!C..G_...1i~~_~-r:_n.A.r._IL.~..:Gr-~Y;_~ ~~!z.LIjj~-ra.!4--.c()-l--.iY.d;2-~l-.z2._Ct.._za..lA'-_ZO.ez.e.._~y~-a.b:2"____ _7!€.-I2&.'1--s.r1!.__W~~-.,t2Y_~!!J~-e.rL~LU_~~_CL~~!t!:::~-4~_ -_-zlt...t:..f-_U2.Q!&..Ld..-l2.e-L~.L~1L'-:L1:~:!I:.t2_?:~___L..~.t1L__9~_~-AZ~ Ud.d.er~.&IlLJt.N~_../~-~.e..~aL2~-jL_~J:.I6e.._...,B;_1-~..s._J,&L~_Ctd..L__ _qp_~.;,-:z!J~ ~diJ;...2?.:z;p,d2-.LI-"L.a,.~~.za_~Un~~~_~/. _t2E..~ke...L~A.fZ:.~ rJhe~cI...t1fJ.(L~c.d:s.-Ll;2?.1::tl.~"".L.L'Q__ ~O_~_______~~~~~~L~_____~___________~___________________ --------------------------------------------------------------------- -------------------------------------------------------------------- FINANCIAL IMPACT (Briefly 'jl.lt 1 ine the c.;:.sts, 1 r any, that are associated with this request and the proposed source of the funds needed to fund the request) '- ~ ~ __~~2_~_~~~--~~-L----~~~~--~-~-~------~;?-~~-__________ I '10 ----------------------------------------~---~~-9 r '- ~ ______ ---------------------------------~----~~~----~~~~~-~~------ --------------------------------------------------------------------- --------------------------------------------------------------------- ADDITIONAL INFORMATION ATTACHED YES NO SUBMITT UST BE SUBMITTED TO THE CITY CLERK A S PRIOR TO THE NEXT REGULARLY SCHEDULED PLACED IN THE COUNCIL MATERIAL PACKET. ALL COUNCIL REQUE MINIMUM OF FIVE COUNCIL MEET _______________ DATE ~_=~J2==_f_~___ _. Loud, Rugged And Designed With The Fireground Environment In Mind MINITOR II and MINITOR II SV Alert Monitor Receivers Both Models Feature: - Standard Two-Frequency Operation: Provides Aleri and Monitor on channel one. You can monitor a second frequency by switching to channel two. - Superb Audio Output: Ensures that your aleri tones and messages come through in a variety of environments. A top-mounted LED flashes to signal an incoming call. - Rugged Construction: Meets NFPA (National Fire Protection Association) Standard 1221 Rain: U.S. MIL STD 8100, Procedure II for rain: designed for the fire- fighter's environment, the receiver offers protection against water intrusion. Large Rotary Controls: Easy to grasp even when wearing gloves. Low Battery Alert: A flashing LED warns you of low battery condition, ensuring that you don't miss an emergency aleri. MINITOR II SV Alert Monitor Receiver Has All Standard Features, Plus: - Two 16-Second Messages: On standard SV Models, or, with the appropriate option, you can select four 8-second or one 32-second message. - Message Safely Stored: If you're away from your SV pager, you can quickly access stored messages when you return. - Convenient Retrieval: If noise prevents you from clearly hearing a message, you can wait until you're in a quieter area to retrieve it. e MINITOR /I Series Options: Applies To Both Models - Two, three, and four call capability _ Fixed aleri/variable audio - On/Off Duty option _ Full line of accessories - Three or five year express maintenance PERFORMANCE SPECIFICATIONS Model Series (Selective call - Two Tone): Model: Frequency: Max. Freq. 1/Freq. 2 Sep. (within given sub-band): Weight w/Battery: Dimensions (excluding knobs/clip): Sensitivity - Alerting: Sensitivity - EIA Sinad: Sensitivity -20 dB Quieting: Squelch Sensitivity (factory set): Selectivity: Spurious and Image Rejection: Audio Output - Alert ToneNoice: Frequency Stability: Channel Spacing: Power Supply: "Power Consumption (standby): Power Consumption (at rated audio output): ""Battery Life (hrs) Selective Call Mode: 2% Receive Duty Cycle Monitor Mode: 10% Receive Duty Cycle (EIA Std.): Minitor II H01UMC1222 30-50 MHz 4 MHz 5.20 oz. (148 gm) 611 VIm Field Strength (F.S.) 1611 VIm Field Strength (F.S.) 2711 VIm Field Strength (F.S.) 1111 VIm - 70dB @ :!: 20 KHz 50dB :!: .0015% from -10oC to +50oC 20KHz 5.5mA 29 19 7 Minitor II SV H03ZVC1222 132-174 MHz 150-174 MHz 3M HZ 5.20 oz. (148 gm) 5.75 oz. (160 gm) 3.8" x 2.4" x 0.9" (96 x 61 x 23) 511 VIm (F.S.) 611 VIm (F.S.) 1311 Vlm(F.S.) 1311 VIm (F.S.) 2211 VIm (F.S.) 2311 VIm (F.S.) 911 VIm - 70dB @ :!: 30 KHz 50dB 93dB SPL@ 12 in./90dB SPL@ 12 in. :!: .0015% from -10oC to +50oC 30KHz One 2.6 V rechargeable nickel-cadmium 5.5mA 8.0mA 200 mA 29 19 7 19 16 6 Minitor II SV H04UMC1222 H04ZVC1222 403-430 MHz, 450-512 MHz 5 MHz 5.20 oz. (148 gm) 5.75 oz. (160 gm) 1511 VIm (F.S.) 1611 VIm (F.S.) 4011 VIm (F.S.) 4011 VIm (F.S.) 6711 VIm (F.S.) 6711 VIm (F.S.) 28 11 VIm -70dB@:!: 25 KHz' 40dB :!: .0005% from -10oC to +50oC 25KHz 6.0mA 8.7mA 26 19 7 18 15 6 'On Minitor II SV, standby power consumption is based on 2 pages stored. "Minitor II - When used in the Selective Call mode, battery fife is based on receiving five 3D-second caffs per 8-hour period. When used in the monitor mode, battery fife depends upon the amount of voice traffic present on the channel. More traffic means a greater duty cycle - therefore battery discharge wiff be faster. Nickel-cadmium battery life is based on a 12-hour charge with the monitor off while recharging. If left in the "on" position, recharging time is based on the Minitor ff Alert Monitor Receiver charging while in the Selective Caff Mode. On Minitor II SV, battery fife is based on 5 caffs per 8-hour period with one play back of each page. SINGLE UNIT CHARGER 11 OV AC 50-60Hz 220V AC 50-60Hz 4" x 3.5" x 2.5" (102 x 89 x 64mm) 4" x 3.5" x 2.5" (102 x 89 x 64mm) 'Based on the Minitor ff Alert Monitor Receiver charging while in the Selective Caff mode. Each charger has the capability of charging one battery in the Minitor II Alert Monitor Receiver and one spare battery simultaneously. E,L':/~, C'O~\~'.2~ l . ,'. ~ ~ :1'-'$ ) ,ft- ..":>....~.~,: @ ==::-,,~ 'Lt...,.,: '/..1.~' ~ :..:t, ~i?\ :'f''lt --iT: fo~; Support Services Wherever Motorola sells, our product is backed by service. In the US, we have 900 authorized or company owned centers. In addition, our products are serviced throughout the world by a wide network of company or authorized independent distributor service organizations. ; " , I ro.., 7' ""., 'f"" 1." ![" .'~ ~,\..~!~.t.; ~ r.:,~,.-- ~".:;~ tf ~~,;. '~ :, t; '1..)_" 'i~} ., f-'..'{ :.!.- ;.,-.{ @ ~"kolm"""'. Winner 1988 National Quality Award MOTOROLA 1301 E. Algonquin Rd., Schaumburg, IL 60196 Telephone Toll-Free 1-800-247-2346 In Canada: 4000 Victoria Park Avenue North York, Ontario, M2H 3P4 Telephone: (416) 499-1441 e. Specifications subject to change without notice. @, Motorola, and Minitor are trademarks of Motorola, Inc.@ 1992 Motorola, Inc. Printed in USA. (9304 BBA) Produced by Marketing Services Motoroia is an Equal Opportunity/Affirmative Action Employer RC-5-54 - e e ST AFF REQUEST ITEM DEPARTMENT Finance MEETING DATE March 15.1994 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request City Council authorization to purchase a PC and printer for use by Senior Account Clerk. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with is request and the proposed source of the funds needed to fund the request) Approximate cost of $2,000. ADDITIONAL INFORMATION AITACHED YES NO~ ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO TIIE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO TIIE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN TIIE COUNCIL MATERIAL PACKET. SUBMITfED BY Diane Deblon 3-10-94 DATE STAFF REQUEST ITEM DEPARTMENT Finance MEETING DATE March 15. 199-l DESCRIPTION OF REQUEST (Briefly outline what the request is) Request City Council authorization to send Senior Account Clerk to seminar in Minneapolis on wag.es. hour. and pav for Minnesota employers FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with is request and the proposed source of the funds needed tonmd the request) Cost = $235 and included in budlZet ADDITIONAL INFORMATION ATTACHED YES NO-X.. ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO TIlE CITY CLERK A MIN1MUM OF FIVE WORKING DAYS PRIOR TO TIIE NEXT REGULARLY SCHEDULED COUNCIL lv1EETING IN ORDER TO BE PLACED IN mE COUNCIL MATERIAL PACKET. SUBMITTED BY Diane Deblon DATE 3-10-94 e e e - STAFF REQUEST ITEM DEPARTMENT Pl~nr;n9, Arlm;r/F;n~nrp MEETING DATE March 15. 1994 DESCRIPTION OF REQUEST (Briefly outline what the request is): Purchase an external tape backup unit and tapes for backing up PCls in Planning, Administration, and Finance on a b.i.-weekJy iiasi:s. B.ackjng up data on the PC's is critical due to the possi~ility of loss of data due to possible PC prob.lems. The purchase of a tape backup unit is more cost effective than backing up with diskettes. Diskettes cost approximately $15.00 per box of 10. A typical full backup would require 2 - 3 boxes of diskettes per 6.ackup, per PC, resulting in continual cost of diskettes. With a tape ~ackup unit, there is an initial one time cost. for the backup unit and 1 - 2 5.oxes of tapes. Tbe tapes can be used over and over again. Time is also a factor; a diskette backup can take up to e 2 hours, and backing up with the tape unH takes approximately 20 minutes. FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this request and the proposed source of the funds needed to fund the request) TOTAL $460.00 $190.00 $650.00 Mountain Side Car Tape Backup Unit 2 Boxes of Tapes (enough for 5 - 6PC's) ADDITIONAL INFORMATION ATTACHED: YES NO --L- e ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR 0 THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COU I MATERIAL PACKET. SUBMITTED BY- DATE: V-/o-rY e e e MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer '{..~/ RE: Modifications to Public Works Garage DATE: March 10, 1994 Council authorized staff to explore ways of improving and repairing the personnel areas of the Public Works Garage. The office and common room/lunch room are in very poor condition, with unfinished walls, obsolete windows, and inadequate ventilation. Also the employee entrance door is rotted out. We have received an estimate from UBC for materials in the amount of $4,000.00 An additional $1,000.00 may be needed for electrical work and miscellaneous. Therefore, I request authorization to make improvements to the Public Works Garage in the amount not to exceed $5,000.00. All labor except perhaps some specialty work will be done by our people during off- peak times. Usually early spring and late fall are the slowest months due to weather and workload. 03/10/9-1 16:03 FAX SEH ST. PAVL -t-H STILLWATER ~002 " ..., e ~SeJ CHANGE ORDER S5SS VADNAIS CENTER DR/~, 200 SEH CENTER, ST. PAUL, MN 55//0 612490-2(W 800325-2055 ARCHlrECTURE ENGINEFRINO eNVIRONMENTAl. TRAN$FOHTATlON City of Stillwater OWNl!R March 10, 1994 LJA TE L.r. 285 bWNER'S PRCJJcCT NO. 1 CHANG~ ORDER NO. S.B- Area Sanitary Sewer PROJECT DESCRIPTION A-STILL3033.00 8EH NO. The following changes shall be made to the contract documents: Description: 1. Substitute alternate insulation fOl' PVC sanitary sewer pipe for a $10.00 reduction in price for an. estimated (- $4/220.00). 2. Substitute 3/4" curb stop and box for 1" curb stop and box for a reduction of S1.00 per curb stop and box for an estimated (-$54.00). 3. Substitute 3/4" copper water service for 1" copper water service for a reduction of $0.50 per lineal foot for an estimated (- $851.00). 4. Waiver to 1'\Ois€! ordinance to allow Contractor to start at 7;00 a.m. instead of 8:00 a.m. providing no rock blasting is done before 10;00 a.m. Purpose of Chill1ge Ordel'; e 1. To provide good grade of pipe i.nsulation which is easier to install. 2. Ule existing water services are 3/4" instead of 1". 3. 1he existing water services are 3/4" instead of I". 4. Contractor request. 'Basis of Cost 0 Actual . Estimated: CONTRACT STA TUG Time ~ Original Contract $1,368.932.:30 Net Change Prior C. O.'s _ to Change this C. O. (~5, 125.0gj Revised Contract $1,363,807.30 RecQmmcnded (or ApprovCl/: Short Elliott Hendrickson Inc. By Richard E. Moore, P.E. Agreed to by Contractor. S.M. Hentges & Sons, Inc. Approved for Ownet: City of Stillwater e BY BY TITLE BY Distribution Con/faotor 2 Owner Project Representative 1 SEH Offloe SNORT El UOrr HENDRICKSON ING. MINNeAPOLIS. MN sr CI.OUD. M~J CHIPPEWA FALLS. WI MAO:SON. W! ~003 03/10/9-1 16:0-1 F.U SEH ST. PAUL ...... STILLWATER ~ l P.O.80X212 SHAKOPEE, MN. 55379 (612) 445-7004 e January 21, 1994 Bonorable Mayor and City Council City of Stillwater % Richard Moore SEH 3535 Vadnais Center Drive St. Paul, MN 55110 Re: Southeast Area Project Stillwater, MN Your Honor and Council Members, . We would like to request a waiver" from your ordinance to start _ construction one (1) hour earlier on this project. We would like to .. start at 7:00 a.m. instead of 8:00 a.m.. Thank you for your consideration. Sincerely, e GENERAL CONTRACTOR (:, ,c,,, n, 'I;'~ ,., (fo" ~ " - - .... ,- '\, ~, , \ , .' --,' I " ~~ ~II ~. ~ ,. ~i Ojt J.. 'Cl ~ '~' il J~ ~'.w. .)J::',:, .).l, ,~:l.,~ -+-+-+ ')J. J.J....J"" n:l;.~='J~~ 41!d 'u '." , '" e s. M. HENTGES & SONS, INC. P.O. BOX 520 SHAROPEE, MN 55379 (612) 445-7004 FAX (612)496-2088 .;:..... ".-;' ~-, y-;- :r ~ r ~-:; n ;:"., J::'" t : ....., ': 0.' .; D if' ,II...... '._.1 . '. , _.,J _ . I~."'/ ~._, Change Order Request ShIJ:H i::U.iJ I! t,!:};LII~ICi{SON, INC. SI.. EhU.U Customer Date of Reference Request A-STILL 3033 2/18/94 r= t'. ~-\ ':1 ') i:l 0 ;1 .~ L. L_ I":...J r TO: Dick Moore S E H 3535 Vadnais Center Drive St. Paul, MN 55110 Job No. Job Description Job Location 93-183 SE Area Sanitary Stillwater DESCRIPTION OF WORK PERFORMED: e Alternate insulation for PVC going down the mountain. ACTUAL COSTS: Original Bid............... Material, Equip/labor, (fOTAL 422 If @ $27.66/lf...................$11,672.52 422 If @ $22.34/1f..................... 9,427.48 422 lf @ $50.00/1f...................$21,lOO.OO Proposed alternate as previously submitted............. Material, Equip/labor, TOTAL 422 If @ $16.16/1f...................$ 6,819.52 422 If @ $23. 84jlf. . . . . , . . . . . . . . . . . .. 10,060.48 422 If @ $40.00/lf...................$16,880.00 Difference~............. .<$4,220.00> The additional costs per the proposal is for the rock excavation. e Total Change Order Request..... <$,4,220.00> 03/10/94 16:05 FAX SEH ST. PAUL ...-+~ .) j~ .~ .....L.t'n :.L~~ .:::'.~I, "l:.:Ji''''' ","'Ol ..I . ~ , s. M. HENTGES & SONS, INC. P.O. BOX 520 SHAKOPEE, MN 55379 (612) 445-7004 FAX (612)496-2088 R E (~ E I ~.l ~ ~~ l) Change Order Request SHOIlT ElLi0r,. I1~NDI<ICIt~\jN INC. e st. PAUL! customer Date of Reference Request A-Stil13033.00 1/25/94 JAN 2 6 ng;~ TO: Dick Moore SEH 3535 Vadnais Center Drive St. paul, MN 55110 Job No. Job Description Job Location 93-183 SE Area project Stillwater DESCRIPTION OF WORK PERFORMED: e Anticipated 3/4" copper and 3/4" curb stops (See attached quote from Water pro) ACTUAL COSTS: 1. 3/4" copper...........................$ 9.50/1f 2. 3/4" curb stop........................$74.00/ea e <0 o o /SiI: I I ~I j::: :j ~I 1" l' ...:l ~ .0( j:l.. Eo-< U) == ~ U) ~ ~ It) 0 <0 Poi ... Cl) '. 0 Poi "- " <? 0 1 -u CSl ... e IS) ..... J N ~ I ... l..D .-e lS:l 1-& .. o WalerPro ... ~ -ITEM I OUAriIl~___ - -.- I-" 0'\ ... f\J ID ~ ~ ~ IJ1 -- ---~- --.-1 -..-.-- .. - ._.._f-- - - _.--- -.- ,,~ ~},,- lot t" I --T -=f- . -I -.--- -~.- PRICE QUOTATION FOR: ~\.~p..,~1C... ~CITY: ENGtNEfR. "Soe.-\'\ QUO"tATION NUMB~R: DESCRIPTION -- -- --..\. ..........P ~u... ~~- '- ~1' ,. A... \..b~ ., ~C'iJ "'II::...~' ~ .1 .ec- . 11\1",,"" , ~.." ~ \.bft' -- -.-- -- .-- ..- -.....:( , . ..- -- -.... e -- -- PROJ~CT: BID OATE: 'S~~. 'S.~ul6p..... 'S.~ ~~. _ '''"" "l- "\ ~ - F ~~ SHEET 0 CST .........e .. ~~..JI" c -=-_ I ~ UNIT PA~CE _ '_ ..~ ..~c:rt' _ '.;::,' ......\.r... _ --"i[ ... ~_ ~ m-....I.IC> \...I. ~ ~.....--=.._. '$0 ' "l.,() U!.t.... .... . '-, " v-$1L._' ~b'-fi\ q<;Ot_o..-E \.'Z..lll!i. 52? __ \~ -~ -. -~- -- -- .-t-. -'-'," I= _ l -f--- __ _..., , --. -~ --- .-- g----- -- --~_: i __~_ ...,.- I I =1~ _ .- .-- -- +=- --- - I I I ----'- --' -- ---- . 03/10/94 16:06 F.~1 SEH ST. PAUL -+++ STILLWATER ~007 .. .. 353S VADNAIS CENTER ORNE, 200 SEH CENTER. sr PAUL MN 55110 612490-20'"..0 80() 325-20SS ARCHITeCTURE ENGINfF.f:lING ENVIRONMENTAL TIMI"'SPO/~/ATION CHANGE ORDER. City of Stillwater OWNER March 4, 1994 DATE OWNER'S PROJECT NO. 2 ?;HANGE ORDER NO. West Wing Junior High Parking Lot 75ROJECT DESCRIPTION A-STILL3298.00 ~EH NO. The following changes shall be made to the contract documents: Description: The square frame and boiler doors were badly cracked and broken when given to the Contractor, and will require a considerable amount of speciali7..ed welding on very old cast iron to make the doors whole again; also, the block out in the fonning in the retaining wall may be changed from square to round with the square frame eliminated because of prior damage. Purpose of Change Order: 50 hrs. Labor and Materials for special welding at $50.00/Hr. ... $2,500.00 e Basis of Cost: r:J Actual · Estimated: CONTRACT STATUS Time ~ June 1, 1994 $476,756.00 -0- 40,382.55 -0- $2,500.00 Julv 1. 1994 $519,638.55 Original Contract Net Change Prior C. O. 's ~ to Change this C. O. Flevised Contract Recommendea for Approval: Short Elliott Hendrickson Inc. By Richard E. Moore, P.E. Agreed to by Contractor; Tower Asphalt, Inc. Approved for Owner: City of Stillwater BY Ff e TITLE BY Distribution Contractor 2 Owner 1 P'oject FI~presel'ltativQ 1 $EH OlOce SHORT ELL/Orr HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD. loAN CHIPPEWA FALLS. WI MADISON. WI MAR- ~~E 11:39 ~~~'. I p, 01 . . . . .. i:': , !'e- Ar?"pLlCATlQ.N FOR PAYMENT (UNIT PRICE CONTAACl) NO. :z... ~~!~ ..........-.. ,~ OWNER: t" '~.' r '.' ' . : LOCATION: STILLWATER, MINN~~OTA OWNER'S PROJECT NO. ENGINEER'S PROJECT NO. TIF 93-1 STllL3298 I,' . snLl.WA~R, MINNES,?TA 1-... .:' 'CONTRACTOF TOWERASP~~T " . I :" PO BOX 15001 . ~t " __, _.. ~, ':," o. LAKELAND. MINNESOTA 55043 ; r, " . COmA. FOR WEST WiNG JR. HIGH PA~KlNG LOT.__ t, , " APPUC.DATE 3-4-.94, , , ;' PERIOD END. 3. - 4 -c.; 4 o CONTPACT DATE CONTRACT AMOUNT $4.~ , A?J-;ro 4'14qg.~, 70 ) Post.lt'" brand fax transmittal memo 7671 iI 0/ piges..~ T~ MO(. FtomU-fA2k1E &elCh' Co. SE I-f c"-70u.;~ AVH4'-1 Depl. Phone # ~: . \: DESCRIPTION ... -1..1 ..... :;e~,' 'PA~KI~GLOT . :. : . ~f: CO~ UNIT QUI! Fax II Faxjl .. , 1 REMOVE TREE EACH 8 8 100.00 $ 8CCL--- . 2 REMOVE WALL L.F. 225 7b._ 12.00 $ q 1;2.. - I ~, ' 0 0' 3 REMOVE L1GHT.POLE EACH 4 _~,__ 100.00 $ /60- . " " 4 REMOVE BIT. PAVEMENT S.y, 3.400 ...?AOO_ 1.00 $ 3~~o- ; , 5 REMOVE CONC. C & G L.F. 120 3~ 5.00 $ I,S- '. 00 J ! I: I, S REMOVE SIDEWA~K S.F. 3.900 :LfX:J 0,25 $ ,0:' " i ':. 15.00 S _1.7/0-=.7/5'5' ! \' 7 COMMON EXCAVATION C.y. 100 ~/7 20673 -/..2.q fj 7 .. . co' !, 7A COMMON BORROW (L.V.) C.Y. 4.50 $ _SB 4 L 9-;:-- " 0, 8 12' R,e.p. CL V L.F. 190 11f- 17.50 $ .30.90- 0 ,0 , , , , CB M.H. lYPE B L.F. 19 I~_- 175.00 $ 31S0 I . 0 ~\ 9 o ~ . .. 10 CASTING 3967 EACH 2 500.00 S -" I " . . I ~ . 11 CASTING R-1730 EACH 1 350.00 $ t I.; , 12 CONNECT TO EXISllNG C8 EACH 1 I 350.00 $ __3~=- _0'. 13 ADJUST EXISTING CB EACH 1~...l 1,000.00 $ _fooo- :' ., I. '. .. PAGE 1 OF 6 \. \' SHORT ELLIOTT HENDRICKSON. INC. 11:42 P. 06 Total Contract Amount '7(;) 434) t;3.S" -- $C2$.ffl.ocr' APPUCATIONFORPAYMENT -"'-.'-' t' ! t ~ \ I ~'Y 7LfI. ~~ ~t-'-~~ !~ Material Suitably Stored on Site, Not Incorporated into Work $ -.kQ.;lfJ,_-:' Contract Change Order No. i % Complete -!i"1: I % S 1<1.24!3 ~ Contract Change Order No. _._ ~'__ % Complete $ Contract Change Order No. % Complete $ Gross Asnount Due......................uuu.............................. $. Total Amount Earned CONTRACTOR'S AFFIDAVIT , : The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from . the Owner on account of work performed under !tie contract referred to above have been applied by 1he undersigned to . discharge in full all obligations of the undersigned incurred in co~nection with work covered by prior Applications for Payment under said contract, an~ (2) all materials and equipment incorporated in said Project or olherwise listed in or ." a;>vered by this Applic~ion for Payment are free and clear of ai/liens, claims. security interests and encumbrances. O~ 3-4-q4 By: ;;~~:~ ~~. (Name and Tit/e) I$~, OO'1.r~bS' I~~ ~- ':7'06. 1~,- less S % Retainage...............................................,. $ 740() 'SJl:T"--- ~ Amount Due to Date..................._.................................... $ __.__ ~~~ less Previous Applications......................u_.........u....... $ 33.04;2. iQ.,v Amount Due This Application.......................,,,............... $ [01 J 5"3. ~ . 101 /f L, (" 'iCo ~ e : . County of J)J~ !.' :' .' " State of . 7Jf ~~ " Before me on this ~df1lJ of . 'YV1 J. ,19~personal[y appeared " .:' known to me, who being duty sworn, did depose and say that he is the ' :, . above mentioned; that he exeaJted the above Application P ment and Affidavit 0 . ; " all of the statements contai~e~ the,ln are tJ:Ue. correct d plete. , My Commission Expires 'J 71 ( O() . . . ' . i '. The undersigned has checked the Contractor's Application for Payment shown aOOve. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in ~nnection with tile wot1< covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. Ome "ql9/2~ BymL:(~~ - , ; , : :. . . , PAGE 6 OF 6 SHORT ELLlOn HENDRICKSON. INC. " I :. e e ,e ~ Jr PLANNING APPLICATION REVIEW Case No. SV/94-8 Planning Commission Date: Project Location: Zoning District: Applicant's Name: February 14, 1994 1119 North Owens RB, Two-Family, Residential Charles Huyink, The Evangelical Lutheran Good Samaritan Society of Minnesota Street Vacation Type of Application: Project Description A street vacation of a 20 foot portion of Carnelian Street between West Stillwater Avenue and West Wilkins Street. Discussion The request is to vacate a 20 foot portion of Carnelian Street between West Stillwater Avenue and West Wilkins Street. This street has remained platted because a private water main is located within the right of way. It only serves the Good Samaritan Center. The Good Samaritan facility proposes to add an addition. The street needs to be vacated in order . to allow for the addition. The vacation will not impact other public facilities as indicated from review comments from the water department and public works department. Findings The street vacation does not impact any existing public facilities. Recommendation Approval Attachments Survey Application form CPC Recommendation Approval FEB-02-1994 12:04 STILLWATER GOOD SAM. 612 439 4502 APPlIcatIon ~ee ~lUU.UU P.02 ..., , - l PETITION TO VACATE PUBLIC STREET THE UNDERSI, NED HEREBY PETlnON THAT ALL THAT PORTION OF 'fljE: 2.0 fi>o1T . I \}J&ST '$TlLL~ AlItNUE ' PO~T(orJ CA~~E.LL.I~ "ST. B~ iJvt=S,- (....JI~:-JS 5~ i -1- 13L-Oc-t- 13 LoT5 1-4. t..?~ '} ABUTT 1 NG LO S \Jf\~? 511L.L<.~~~:eYL Ave 'f G~I N-J ~T. ~ IV 0 '1 -,2. 8u:>~, 1 vP,t.-f<i'eP '5IILL~~ Ave, 1- Co Pef....5 ADD~TION, IN THE CITY OF STILLWATER, 'UNNESOTA,(Ar/--f-J(;LLif. ~"") e)(LLU0i~ Ov-ef'S:S ~1l2eEI, . . 1 . ~: - - - \ NAME ADDRESS , ~ .rLl~ L\)~, .;) 1,7 . Yll..fSG'~ >~i{!< :,.... '" . , . TffJ SoC-jETY C~MN:. "ST,'.fJ.1\VL-,':' '('I\t'J . .~55::i(c;*':':~,:"".~~.;.. Co~: ~~ .~~_l'.: :HGrf&~~'b5tf~:.~t:~:.\~.t~I~";~":"':'. OJ vt~~,:, rc ."/A-?l .. ~. ': . .... ._~.:.~.~"' :.~.:,~~;;;...u._.. ~.-,.::-L:,:~:. . ~ I~~_\..A.~ ~., . .'~ er--z-. . .'. '.;.:""..>.;:':" ,..::,:.''- *: :~';;:~''';':'.~~~.\~\.~};~:.:. .,'.<:.~.:" r \r. ' I ~. ; .' i ". ! I . . I : i I 1 O(L" ..;. . C~lEJ()YlrJtc:. .t31.~..7f:"e>b .. : Ni~ltJ{~lf~ .1J "'5lILL-~ c..~~:.,....'. .. ~1~~ . :_...: .:;::,;~-:: . - ~ a.. _...:.: ..:.. ...~':"~.-,.~.I.';.'..- .. i I I ! ". ~ I , ; f ! I I \ ~. . ~ .. .. 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N~:~i ..J ~I :; 'r~ o w'j. u.!Jlil .~ n ~ Wo U~ ::>J 0: CD -- e e . ~ , MEMORANDUM TO: Steve Russell, Community Development Director FR: Klayton Eckles, City Engineer ~~ / DA: February 14, 1994 RE: VACATION OF CARNELIAN STREET RIGHT OF WAY I have reviewed the proposal to vacate the remRmmg portion of Carnelian Street right of way between Stillwater Avenue and Wilkin Street and I foresee no future public purpose for this parcel. One issue that did come up in my review is the status of the remainder of the Carnelian Street right of way. The portion of Carnelian between Stillwater Avenue and S1. Croix Avenue is also undeveloped and not needed for public purpose. Therefore, I recommend that all remRining Carnelian street right of way between Wilkins and St. Croix Avenue be vacated at the same time. t' e e e MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: 1 % Sales Tax Legislation DATE: March 9, 1994 Accompanying this memo is the legislation for the 1% sales tax drafted by City Attorney Magnuson. This item has be placed on the agenda for the Tuesday meeting. I believe that Senator Gary Laidig and Representative Mark Holstein will be at the meeting to discuss the legislation with you. MAGNUSON LAW OFFICE 6124395641 P.02 . "i Sec. CITY OF STILLWATER, SALES TAX AND PORT AUTHORITY POWERS AUTHORIZED. e Subdivision 1. (TAX MAY BE IMPOSED.) Notwithstanding Minnesota st.atutes, section 477A.016, or any other cont.~ary provision of law, ordinance, or city charter, the City of Stillwater may, by resolution, impose an additional sales tax of up to one percent on sales transactions taxable purs~ant to Minnesota Statutes, ch~pter 297A, that occur within the Central Business Zoning District (hereinafter "CBon) of the city. subd. 2. (USE OF REVENUES.) Revenues received from the tax authori~ed by e~bdivision 1 roay only be used by the ci.ty to pay the cost of collecting the tax, and to pay for the following projects or to secure or pay any principal, premium, or intQrest on bonds i$sued in acoordance with subdivision 3 for the following projects. (a) To pay all or a portion of the capital expenses of eonstruction, equipment and acquisition costs for the expansion and repair of Lowell Park and e the Lowell Park Levy Wall. (b) To pay all or a portion of the capital expenses of construction, equipment. and acquisition costs for the construction of a community center, including an indoor ice arena. (c) The remainder of the funds must be spent to pay for operating costs aS5oc;:iated with the burden imposed on the entire city by tourism in the eBD, and to further commercial and economic development in the CBD. By January 15 of each odd-numbered year, the mayor and the city council mllst report to the legislature on the ~se of sales tax revenues duri.ng the preceding two-year period, Subd. 3. (BONDS.) The city may issue general obligation bonds of the city to finance all or a portion of the cost for projects authorized in subdivision 2, paragraph (a). The debt represented by the bonds shall not be included in computing any debt limitations applicable to the city. The bonds may be paid from or secured by any fundS available to the city, including the tax authorized ~ under subdivision 1. The bonds may be issued in one or more series and sold without election on the question of issuance of the bonds or a property tax to MAGNUSON LAW OFFICE 6124395641 P.03 .- e pay thew. Except as otherwise provided in this seetion, the bonds must be issued, sold, and secured in the manner provided in Minnesota statutes, chapter 475. subd. 4. (ENFORCEMENT; COLLECTION.) A sales tax imposed under subdivision 1 may be reported and paid to the commissioner of revenue with the state sales tax, and be subject to the same penalties, interest, and enforcement provisions imposed unde~ Minnesota Statutes, chapters 289A and 297A. If the commissioner of revenue enters into appropriate agreements with t.he city to provide for collection of these taxes by the state on behalf of the city, the commissioner shall ch~~ge the city a reasonable fee for its collection from the proceeds of any taxes to ensure that no state funds are expended for the collection of these taxes. The proceeds of the tax, less the cost of collection, shall be remitted monthly to the city and the city shall deposit such sums into a dedicated fund. By July 1, 1999, the commissioner of revenue shall provide the city an estimate of the cost of collection. .- Subd. 5 _ (EXPIRATION OF TAXING AUTHORITY.) The authority grant.ed by subdivision 1 to the cit.y to impose a sales tax shall expire when the principal and inte:cest on any bonds or other obligations issued to finance projects authorized in subdivision 2, paragraph (a) have been paid or at an earlier time as the city ahall, by ordinance, determine. Any funds remaining after completion of project~ approved under subdivision 2, paragraph (a) and retirement or redemption of any bonds or other obligations, or remaining in a dedicated fund, may be placed in the general fund of the city. Subd.. 6. (PORT AUTHORITY POWERS.) The governing body of the city of stillwater may exercise all of the powers of a poX't authority provided by Minnesota Statutes, section 469.048 to 469.068. subd. 7. (LOCAL APPROVALj EFFECTIVE DATE.) This law shall take effect e only upon the approval of the voters of Stillwater cast at a general election or an election called for the purpose and for a period of twenty (20) years unless earlier repealed by a referendum of the voters conducted at a general election or special election called for the purpose in the same manner as it was approved. This section is effective the day following final enactment, and after MH~NUbUN LH~ U~~1~~ t:>1"'::"t~":':;:>t:>"t.1 compliance by the governing body of the City of Stillwater with Minnesota statutes, section 645.021, subdivision 3, with respect to that section. If the Stillwater City council intends to exercise the authori.ty provided by this section, it shall pass a resolution stating the fact before July 1, 1994. .....oo"t '. e e e e e e .. ., -- TO: Mayor and City Council FROM: City Coordinator RE: Agreements for LumbeIjack Days DATE: March 3, 1994 Accompanying this memo are drafts of the agreements the City Attorney prepared for use of City funds that are being made available for the proposed Lumberjack Days events and the Wild West Days. The agreements are based on my understanding of the Council's desire and action. Please review the agreements for final approval and authorization for the Mayor (acting) and Clerk to sign. This matter \-\'in be placed on the agenda for the meeting of March.) 5th. P.S. Copies of th~ agreements have been sent to the LUDi~~rganization (Todd Weiss, Dave Swanson, and Jim Nelson). DRAFT AGREEMENT e This Agreement made this day of March, 1994, between the city of Stillwater, Washington County, Minnesota ("City"), and James Nelson, acting as disbursing agent ("Agent"), in conjunction with Wild West Weekend, part of a community wide celebration of the City. 1. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. In order to make the celebration a success, it is necessary to incur expenses associated therewith. 3. The City has agreed to provide financial support to the celebration on the condition that the money is disbursed for celebration related purposes. 4. The celebration shall be scheduled for the weekend of september 24 and 25, 1994. S. That financial support shall not exceed the budgeted amount of $3,500.00. 6. That the Disbursing Agent is expected to raise revenues from private sources and the Disbursing Agent shall keep records of all income. 7. James Nelson is hereby appointed as Disbursing Agent of the City, and in that capacity, is authorized to make disbursement upon satisfactory proof of identity being made to him. ' e 8. The Disbursing Agent is directed to obtain signed vouchers from each of the persons or entities to whom a check is disbursed and to maintain a record of disbursement and executed vouchers and deliver them to the City for keeping in the official records of the City according to law. IN WITNESS WHEREOF, the parties have set their hands this March, 1994. day of James Nelson Subscribed and sworn to before me this day of March, 1994. Notary Public Washington County, Minnesota THE CITY OF STILLWATER Jay Kimble, Acting Mayor Morli Weldon, Clerk Subscribed and sworn to before me this day of March, 1994. e Notary Public Washington County, Minnesota I J . e AGREEMENT DRAFT . .: This Agreement made this day of March, 1994, between the City of Stillwater, Washington County, Minnesota ("City"); Todd Wiess, acting as disbursing agent ("Agent"), in conjunction with the Lumberjack Day Parade, part of a community wide celebration of the City; and the Lumberjack Days Festival Association, a Minnesota non-profit corporation ("Association"). 1. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. In order to make the celebration a success, it is necessary to incur expenses associated therewith. 3. The City has agreed to provide financial support to the celebration on the condition that the money is disbursed for celebration related purposes. 4. The celebration shall be scheduled for July 27 through 31, 1994. 5. That financial support shall not exceed the budgeted amount of $4,000.00. 6. That the Association is expected to raise revenues by charging fees for participation in the celebration with the goal that the celebration become self- supporting in the future by being 100% underwritten or sponsored by private sources. e 7. The Association shall provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $200,000 per person and $600,000 per occurrence, for loss sustained by either acts or occurrences that arise from or grow out of the celebration. 8. Any income received by the Association that exceeds celebration related expenses shall be returned to the City, except for 10% of this sum, which shall be retained by the Association for seed money for future celebrations. No sums need to be returned to the City that exceed the amount provided by the City pursuant to this Agreement. 9. The City shall provide police protection, park clean up services and portable toilets without charge to the Association at a level provided in past years. 10. The City agrees that the Association shall have exclusive privileges for celebration related activities in both Lowell Park and Pioneer Park for the duration, except that the City reserves the right to issue beer permits to vendors that are approved by the Association. e 11. The Association shall use its best efforts to cooperate with promotion of the Lumberjack Days Parade in order that both activities complement the other. 12. Todd Wiess is hereby appointed as Disbursing Agent of the City, and in that capacity, is authorized to make disbursement upon satisfactory proof of identity being made to him. 13. The Disbursing Agent is directed to obtain signed vouchers from each of the persons or entities to whom a check is disbursed and to maintain a record of disbursement and executed vouchers and deliver them to the City for keeping in the official records of the City according to law. IN WITNESS WHEREOF, the parties have set their hands this March, 1994. day of Todd Wiess Subscribed and sworn to before me this day of March, 1994. Notary Public Washington County, Minnesota THE LUMBERJACK DAYS ASSOCIATION, INC. By Its Subscribed and sworn to before me this day of March, 1994. Notary Public Washington County, Minnesota THE CITY OF STILLWATER Jay Kimble, Acting Mayor Morli Weldon, Clerk Subscribed and sworn to before me this day of March, 1994. Notary Public Washington County, Minnesota e e e e e ie AGREEMENT This Agreement made this day of March, 1994, between the City of Stillwater, Washington county, Minnesota ("City"); David Swanson, acting as disbursing agent ("Agent"), in conjunction with the Lumberjack Days Parade, part of a community wide celebration of the City; and American Legion Post 48 ("Legion"). 1. The City has encouraged a community wide celebration in order to foster and promote tourism within the city of stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. In order to make the celebration a success, it is necessary to incur expenses associated therewith. 3. The City has agreed to provide financial support to the parade on the condition that the money is disbursed for parade related purposes. 4. The parade shall be scheduled to coincide with the Lumberjack Days Celebration scheduled for the summer of 1994. 5. That financial support shall not exceed the budgeted amount of $6,000.00. 6. That the Disbursing Agent is expected to raise revenues by charging fees to units that participate in the parade and the Disbursing Agent shall keep records of all income and from the income shall pay to the American Legion the sum of $1,000.00 as a fee for organizing a~d promoting the parade. . 7. The Disbursing Agent shall return to the City any revenues that exceed $1,000.00. 8. David Swanson is hereby appointed as Disbursing Agent of the City, and in that capacity, is authorized to make disbursement upon satisfactory proof of identity being made to him. 9. The Disbursing Agent is directed to obtain signed vouchers from each of the persons or entities to whom a check is disbursed and to maintain a record of disbursement and executed vouchers and deliver them to the City for keeping in the official records of the city according to law. IN WITNESS WHEREOF, the parties have set their hands this March, 1994. day of David Swanson Subscribed and sworn to before me this day of March, 1994. Notary Public Washington county, Minnesota AMERICAN LEGION POST 48 By Its Subscribed and sworn to before me this day of March, 1994. Notary Public Washington County, Minnesota THE CITY OF STILLWATER Jay Kimble, Acting Mayor Morli Weldon, Clerk Subscribed and sworn to before me this day of March, 1994. Notary Public Washington County, Minnesota e e e e e e MEMORANDUM TO: Mayor and City Council IL FR: Steve Russell, Community Development Director DA: March 10, 1994 RE: SECOND READING OF SHORELAND ORDINANCE On December 21, 1993, the City Council approved an amendment to Chapter 31.01 of the Subdivision Ordinance adding Subdivision 33, Shoreland Management Regulation attached. The ordinance was approved by the council for the first reading and referred to the Department of Natural Resources for review and comment. The attached, revised ordinance reflects the comments from the DNR. Also, the lot size and dimension requirements were brought into conformity with Washington County Standards. Findings: The ordinance is consistent with the city of Stillwater Comprehensive Plan and implements the watershed plans. Recommendation: Approve second reading of ordinance. Attachment: . Ordinance with revisions from the DNR 2-22-94 PHONE NO. ~~T~T~@F)'jr~ ~lI':DEPARTMENT OF NATURAL METRO WATERS, 1200 Warner Road, st. 772-7910 RESOURCES e Paul, MN 55106 ALE NO. February 22, 1994 Mr. steve Russell City Hall 216 North Fourth -stillwater, MN. 55082 RE:. . Draft stillwater Shore land Ordinance Dear Mr. Russell: Metro Region Waters has reviewed the draft of your shore land ordinance. You did an excellent job of extracting the most important and applicable sections from the model ordinance and combining them into a very readable ordinance. e I would recommend that definitions 10, 18, 20 and 43 be deleted since th~ ordin~nce does not contain any references to these. On page 6, the last paragraph should not reference the Commissioner's approval. The Shore land Program is similar to the Floodplain Program in that notification of the Department is required, but we do not certify the local actions as we do under the Wild and Scenic Rivers Program. The lakes named in subd. 4 should reference the protected water I.D. number first (for example: 82-23P Lily Lake). The reference to LS (2) should be deleted from Long Lake. The designation LS (1,2 or 3) refers to Washington County's old way of classifying lakes. Long Lake is listed as a Recreational Development lake in the Washington County Ordinance. For consistency, your ordinance should also list it as Recreational Development. You may wish to state somewhere in the ordinance that the st. Croix River has its own standards found in ordinance 706. The definition of "Shoreland" is statutory. The limits of the shore land district cannot be modified by simply changing the definition. Your zoning map, which must show the district boundaries, can be modified to include a smaller district, if that is how the city wishes to proceed. The DNR has approved similar requests for other communities. The 1000 foot shoreland district is generally to protect water quality and for aesthetic reasons. Ie AN EQUAL OPPORTUNITY EMPLOYER Mr. steve Russell February 23, 1994 Page Two We greatly appreciate the City of stillwater's efforts in incorporating shoreland zoning standards, that meet the statewide Standards, into your zoning code. If you have any questions, please contact me at 772-7910. Sincerely, ~~~ ~ ~ ~\~l~..- Molly'Shodeen Area Hydrologist c: Ed Fick e e e e.~ . -~-'-, .::~ e'lv il- ~ I pt. of ultimate disposal. Subp. 14c. .Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Subp. 15. Shore1and. "Shoreland" means land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shore1ands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. Subp. l5a. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qua1ifiqations for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Subp. l5b. Steep slope. "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. Subp. 16. Structure. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. Subp. 17. Subdivision. "subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit development. Subp. 18. [Repealed, 13 SR 3029] Subp. l8a. Surface water-oriented commercial use. 5 ORDINANCE NO. e AN ORDINANCE AMENDING CHAPTER 31.01 OF THE STILLWATER CITY CODE BY ADDING SUBDIVISION 33, SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Stillwater does ordain: Section 1. Amending. Section 31.01, Subd. 33 of the Stillwater City Code is added and shall hereafter read as follows: "Subdivision 1. INTENT AND PURPOSE. The city finds that the protection of lakes, streams and water courses within its boundaries is critical for the health, safety, order and general welfare of its citizens and to preserve and enhance the quality of surface water and preserve the economic and natural environmental values of shoreland. It is the intent of the city to preserve shoreland areas for the purpose of: 1. Regulating the areas of a lot and the length of water frontage suitable for building sites. 2. Regulating the alteration of shore lands of public waters. e 3. Regulating alterations of the natural vegetation and the natural topography along shorelands. 4. Conserving and developing natural resources and maintaining a high environmental quality . Subd. 2. GENERAL PROVISIONS AND DEFINITIONS. 1. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision ofland shall be in full compliance with the terms of this ordinance and other applicable regulations. 2. Enforcement. The Community Development Director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. 3. Interpretation. In their interpretation and application, the provisions of this ordinance shall . I I 1 .e .e e be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 4. Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. 5. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 6. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 7. Accessory structure or facility. Accessory structure or facility means any building or improvement subordinate to a principal us~. which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 8. Bluff. Bluff means topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of greater than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): a. Part of or all of the feature is located in the shoreland area. b. The slope rises at least 25 feet above the ordinary high water level of the waterbody. c. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater. d. The slope must drain toward the waterbody. 9. Bluff Impact Zone. Bluff impact zone means a bluff and land located within 40 feet from the top of a bluff. 10. Building Line. Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 11. Commercial Planned Unit Development. Commercial planned unit developments are 2 typically uses that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, e resorts, recreational vehicle and camping parks and other primarily service-oriented activities are commercial planned unit developments. 12. Commercial Use. Commercial use means the principal use ofland or buildings for the sale, lease, rental or trade or products, goods and services. 13. Commissioner. Commissioner of the Department of Natural Resources. 14. Conditional Use. Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as contained in the zoning ordinance exist, the use or development conforms to the Stillwater comprehensive land use plan and the use is compatible with the exiting neighborhood. 15. Deck. Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 16. Dwelling Site. Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. e 17. Forest Land Conversion. Forest land conversion means the clear cutting of forested lands to prepare for anew land use other than reestablished of a subsequent forest stand. 18. Hardship. Circumstances unique to an individual property which would deny the property owner a reasonable use of the land. 19. Height of Building. The vertical dimension, measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof to the average height between the plate and ridge of a gale, hip or gambrel roof. 20. Industrial Use. Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage or transfer or goods, products, commodities or other wholesale items. 21. Intensive vegetation clearing. Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row or block. 22. Ordinary High Water Level. Ordinary high water level means the boundary of public waters e 3 e 23. 24. 25. e and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. Planned Unit Development. Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time- share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses. Public Waters. Public waters means any waters as defined in Minnesota Statutes, Section 105.37, Subds. 14 and 15. Residential Planned Unit Development. Residential Planned Unit Development means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. F or example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites. 26. Semipublic Use. Semipublic use means the use ofland by a private, nonprofit organization to provide a public service that is ordinarily open' to some persons outside the regular constituency of the organization. ie 27. Sensitive Resource Management. Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 28. Setback. Setback means the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility. 29. Sewage Treatment System. Sewage treatment system means a septic tank and soil 4 absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. e 30. Sewer System. Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 31. Shore Impact Zone. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 32. Shoreland. Shoreland means land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream or the landward extent of a flood plain designated by ordinance on a river or stream whichever is grater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward form the waters for lesser distances and when approved by the commissioner. 33. Significant Historic Site. Significant historic site means any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Places or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. e 34. Steep Slope. Steep slope means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 35. Structure. Structure means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities. 36. Subdivision. Subdivision means land that is divided for the purpose of sale, rent or lease, including planned unit developments. 37. Surface Water-oriented Commercial Use. Surface water-oriented commercial use means the 5 e e 38. 39. 40. use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the nonnal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use. Toe of the Bluff. Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding 18 percent. Top of the Bluff. Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18 percent. Wetland. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 30 (1971 Edition). Subd.3. ADMINISTRATION. 1. Permits Required. A pennit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs) alteration of sewage treatment systems and grading and fill activities. The application shall include the necessary infonnation so that the Community Development Director can determine the sites suitability for the intended use. !e 2. . e Notification to the Department of Natural Resources. Copies of all notices of any public hearing to consider variances, amendments or conditional uses for those lakes which are classified with the criteria found in Minnesota Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days before the hearing. Notice of the hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3. Variances. Variances may only be granted in accordance with this ordinance. A variance may not circumvent the general purposes and intent of this ordinance. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the pubic interest. In considering a variance request, the planning commission must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round and the characteristics of development on adjacent property. The Planning Commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. A copy of approved amendments and subdivisions/plats and final decisions grating variances or conditional uses under this ordinance must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. 6 4. Reconstruction of Nonconforming Sewage Treatment Systems. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in Subd. 8 shall be reconstructed or replaced in accordance with the provisions of the Uniform Building Code. e 5. Certificate of Zoning Compliance. The Community Development Director shall issue a certificate of compliance for each activity requiring a permit as specified in Subd. 9 (1) of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized permit shall be deemed a violation of this ordinance and shall be punishable as provided in Subd. 4 of this ordinance. Subd.4. SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS. The public waters of the City of Stillwater have been classified consistent with the criteria found in Minnesota Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota. 1. Lakes and Streams. a. Natural Environment. South Twin Lake (82-19W)*. b. Recreational Development. Long Lake (82-21P) Lake McKusick e c. General Development Lily Lake (82-23P) Lake McKusick (82-20W) d. Streams and Rivers. Brown's Creek and its tributaries. 2. Land Use Districts for Lakes. All lands within shoreland areas in the City of Stillwater shall be designated as a Residential Use District. The following uses are permitted: a. Permitted Uses. 1. Single Family Residential. 2. Parks and Historic Sites. 3. Agricultural cropland and pasture. el * Protected Waters Inventory 10* 7 e e Ie b. Uses permitted with a Special Use Permit. 1. Cluster residential development with the density not to exceed the development regulations of the zoning district. 3. Land Use Districts for Rivers. a. Permitted Uses. 1. Single Family Residential 2. Parks and Historic Sites. b. Uses permitted with a Special Use Permit. 1. Cluster residential development with the density not to exceed the development regulations of that zoning district. Subd. 5. ZONING AND WATER SUPPL Y/SANIT ARY PROVISIONS. 1. Lot Area and Width Standards. The lot area and lot width standards for single family residential lots created after the date of enactment of this ordinance for any lake and river/stream classification are the following: Are.a Width a. Unsewered lands Natural Environment Recreational Development General Development 2.5 acres 2.5 acres 2.5 acres 200' 200' 200' b. Sewered Lands Natural Environment Recreational Development General Development 40,000 sq. ft. 125' 20,000 sq. ft. 75' 15,000 sq. ft. 75' Subd. 6. PLACEMENT OF STRUCTURES ON LOTS. When more than one setback applies to a site, structures and facilities must be located to meet the greatest setback. 1. Structure and on-site sewage system setbacks from the ordinary high water mark. 8 Classes of Public "Waters Structures Unsewered Sewered Sewage Treatment System e ~ Natural Environment 200 Recreational Development 100 General Development 75 Unclassified water bodies 75 Rivers 200 Tributaries 200 150 75 50 50 150 150 150 75 75 75 150 150 e I . 9 e e I e 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback (in feet) Top of bluff 40 Subd. 7. DESIGN CRITERIA FOR STRUCTURES. 1. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed must be determined as follows: a. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level or three feet above the ordinary high water level, whichever is higher. b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three feet above the ordinary ~gh water level, or by conducting a technical evaluation to determjne effects of proposed construction upon flood s~ges and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with the Washington County Floodplain Management Ordinance. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities. 2. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: a. Stairways and lifts must not exceed four (4) feet in width on residential lots; b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; c. Canopies or roofs are not allowed on stairways, lifts or landings; d. Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 10 e. Stairways, lifts and landings must be located in the most visually inconspicuous portions oJ lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and e f. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub items (a) to (e) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. 3. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 4. Steep Slopes. The applicant must evaluate possible soil erosion impacts and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. 5. Height of Structures. All structures in, residential districts, except churches and nonresidential agricultural structures, must not exceed 35 feet in height. e 6. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat. 7. Vegetation Alterations. a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow: b. Removal or trimming of vegetation is allowed subject to the following standards: 1. Selective trimming of natural vegetation shall be allowed, provided sufficient vegetative cover remains to substantially screen cars, dwellings and other structures and to comply with the standards established on adjacent uses and the area is not exposed to soil erosion. 2. No cutting or removal of trees over six inches in diameter measured at a point two feet above ground level within the required building setback shall be permitted unless the trees are dead or diseased. ei 11 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface run-off and soil erosion and restore the natural vegetative condition. e 4. The provisions of this section shall not apply to allowed uses which normally require the removal of natural vegetation or to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards. 5. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will only be allowed after the Department of Natural Resources has approved the proposed connection to public waters. 8. Placement and Design of Roads, Driveways and Parking Areas. a. Public and private roads and parking areas must be designated to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified professional that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. e b. All new roads, driveways and parking areas must meet water body structure setbacks and must not be placed within bluff and shore impact zones. c. Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this sub-part are met and a certificate of compliance is issued by the Community Development Director. 9. Specific Standards. a. Impervious surface coverage of lots must not exceed 25 percent of the lot area. b. When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. c. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 10. Standards for Public Uses. e 12 a. Surface water-oriented public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: e 1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. 2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. 3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. A sign permit must be obtained from the Community Development Director. e c. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 11. Agricultural Use Standards. a. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and 13 e' I e ,e e bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 12. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota" . 13. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in the Stillwater Zoning Ordinance. The following additional evaluation criteria and conditions apply within shoreland areas. a. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soil conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. 2. The visibility of structures and other facilities as viewed from public waters is limited. 3. The site is adequate for water supply and on-site sewage treatment. 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public . waters to safely accommodate these watercraft. Subd. 8. NONCONFORMING USES/SUBSTANDARD STRUCTURES. 1. Legally Established Nonconfonruties. All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of the City of Stillwater for the subjects of alterations and additions, repair after damages, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas. a. A lot or parcel of land which was of record as a separate lot or parcel in the office of the Washington County Recorder or Registrar of Titles, on or before January 1, 1973 which is in a residential or agricultural district may be used for single family 14 detached dwelling purposes, without a variance, provided the area and width thereof are with in 60 percent of the minimum requirements of Subd. 4 of this ordinance, e provided all setbacks requirements of this ordinance can be maintained and provided it can be demonstrated that either two safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by sanitary sewer. b. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subd. 4 of this ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the full requirements of Subd. 4 of this ordinance. c. Restoration of Nonconforming Uses and Substandard Buildings or Structures. A nonconforming use or substandard building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy or use of such building, structure or part thereof, which exited at the time of such partial destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion, unless the damage to such building or structure is equal to 50 percent or more of the replacement cost thereof (as determined by the building official) in which case, the reconstruction shall conform to the provisions of this ordinance, not to exceed the gross square footage of the previous structure. e d. Preservation of Nonconforming Uses. Any lawful use of land existing on the effective date of this ordinance may be continued, although such use is not allowed by this ordinance, however, such use of structure shall not be expanded or intensified. Subd.9. ADDITIONS/EXPANSIONS TO SUBSTANDARD STRUCTURES. a. All additions or expansions to the outside dimensions (including upward expansions) of an existing nonconforming structure must meet the setback, height and other requirements of Subd. 7 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to the Zoning Ordinance. b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable - 15 e e 1- location for a deck meeting or exceeding the existing ordinary high \vater level setback of the structure. 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. No deck on a nonconforming structure shall exceed 10 feet in width. 5. The deck is constructed primarily of wood and is not roofed or screened. 6. A certificate of compliance is obtained from the Community Development Director. Subd. 10. EXCEPTIONS TO BUILDING SETBACKS. 1. Exceptions to the building setback from the ordinary high water mark for substandard structures that are setback a minimum of 30 feet from the ordinary high water mark on sewered lots or a minimum of 45 feet from the ordinary high water mark on unsewered lots. a. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the water body provided the improved structure is in compliance with all other requirements of this ordinance. 2. Exceptions to the building setback from the sideyard and street right of way. a. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the sideyard or street provided the encroachment into the side or front yard is not increased and the improved structure is in compliance with all other requirements of this ordinance. 3. Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of the Washington County Individual Sewage Treatment System Ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces, (decks, porches). In addition, at time of sale or upon receipt of a complaint, the property shall be inspected and if the sewage system is found to be nonconforming, a new conforming system must be installed within 90 days. II. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. III. Publication and Effective Date. This ordinance shall be in full force and effect from and after 16 its passage and publication according to law. Adopted by the City Council this _ day Attest: Morli Weldon, City Clerk , 1994. Charles M. Hooley, Mayor 17 e e -- , e e I Ie MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director /Z--- FR: DA: March 10, 1994 RE: STATUS REPORT ON UBC SITE ENVIRONMENTAL ASSESSMENT AND ACQUISITION On September 21, 1993, the city council authorized the preparation of a Phase II environmental assessment on the UBC site. The total cost of the proposed study was $24,795.50 shared equally between UBC, Washington County HRA and the City of Stillwater. ATEC is requesting another $6,262.03 for services provided to complete the study (see attached request). A copy of the study is attached. Mark Mason from A TEC will be in attendance to present the study and answer questions. During the study preparation process, NSP met with A TEC and the city to share and review the study results. NSP is the successor to the old coal gas plant and concerned about its condition. NSP and UBC have been very cooperative in helping develop the study. The attached memo from NSP describes how they intend to clean up the site. Jerry Winslow from NSP will be at the council meeting to describe NSP's commitment to clean up the site and to answer any questions the council may have. NSP has also agreed to pay the increased costs of the study request by ATEC ($6,262.03). The commitment by NSP to clean up the site clears the way, so to speak, for the city and UBC to resume negotiations for purchase of the land and relocation ofUBC to the Stillwater West Business Park. The city has previously authorized preparation of an appraisal of the site and for the city staff to negotiate its purchase. Recommendation: Acceptance of the Phase II Environmental Study for UBC Site and reconfirmation of the city's interest in purchasing the site. Attached: Phase II Environmental Site Assessment NSP memo 4-15-94 e lBJillfA][frt STILLWATER MANUFACTURED GA~r 'PL1NT '. ,.. . '-....-- STILLWATER CITY COUNCIL - March 15, 1994 BACKGROUND NSP records indicate that coal gas was produced at the Second street site from 1874 to 1904. Coal gas was the predecessor to natural gas and was used for street lights, cooking, and so on. In 1911 a gas holder was built at the site, and it served the city's gas distribution system until coal gas was replaced by li- quefied petroleum gas in 1949. In 1916, NSP acquired the company which operated the gas works in stillwater. NSP maintained the property and the gas holder until it conveyed the site to the City in 1953. The site subsequently was acquired by Bluff City Lumber, the predecessor of the current owner, the United Building Center (UBC). l'RESE:N~ pROJECT .e It is understood that the city is interested in acquiring the site and developing it for parking and possibly residential use. As part of this effort, the city and UBC commissioned an environ- mental consultant to assess the site. The result.s of the consultant's preliminary investigation indicate that activities associated with the manufactured gas plant caused some degree of soil and ground water impact at the site and that it may require remediation and future ground water monitoring. NSP RESPONSE AND COMMITMENT TO THE CI~~ Based upon the laboratory results provided by your consultant and NSP's experience at other sites, the coal tar residues at the site do not pose any imminent health or safety conoerns to the community or the workers at UBC. Nevertheless, NSP assures the city that it will promptly manage and clean up the site as ap- propriate in order to accommodate the development plans of the City. e NSP has taken the following steps and proposes to undertake the following additional actions assuming they are acceptable to the city: 1. NSP has contacted the Minnesota Pollution Control Agency (MPCA) and applied for their assistance in Voluntary Investiga- tion and Cleanup (VIC) Program. 2. We have secured the services of an experienced oon$ultant to aid us in identifying the best way to clean up the site. 3. NSP will pay the overun cost incurred by the City's consultant in the initial investigation of the site. e MAR-10-94 THU 10:15 ERAD/DEPARTMENT NSP FAX NO, 3306357 p, 03 4. With the approval of the MPCA, we plan to further investigate the site, probably by digging exploratory trenches and collecting additional samples. 5. Our consultant will prepare a feasibility study recommending what measures should be taken to remediate the site for the proposed land uses. 6. NSP will work olosely with the city to insure all of our ac- tivities are coordinated with the city's interests and schedule for developinq the site. 7. NSP will prepare an agreement between NSP and the city assur- e inq the City that NSP will indemnify the city for any losses, costs, or expenses associated with NSP's prior use of the site as a manufactured gas plant. 8. NSP will work closely with UBe to insure that our investiga- tive and potential cleanup activities reasonably acoommodate their business needs. 9. All investigative and remedial activities will be done in a safe and timely manner. e r~ 'J. ATEe Associates, Inc. . l. ...~ 1479 Energy Park Drive ~T.I 51. Paul. Minnesota 55108 . . (612)645-9520 FAX(6121645-9529 U ~J February 4, 1994 I) J Mr. Steve Russell City of Stillwater City Hall: 216 North Fourth Street Stillwater, MN 55082 ) ~) . ] ~ 1 Re: Phase II Environmental Site Assessment UBe Lumberyard Property City of Stillwater, MN A TEC # 55-07-93-00l25 Dear Mr. Russell: As authorized. by the City of Stillwater, ATEC has completed a Phase II Environmental Site Assessment at the above referenced property. In summary, polynuclear aromatic hydrocarbons (P AHs) were detected in soil and groundwater samples collected at the site. Naphthalene, fluoranthene, and benzene concentrations were detected in a downgradient monitoring well that exceeded the Mirmesota Department of Health (MDH) Recommended Allowable Limits (RALs). Further evaluation of the downgradient extent of the groundwater contamination will most likely be required by the Mirmesota Pollution Control Agency (MPCA). A detailed summary of the. project results are presented in the attached report. If you have any questions regarding this report or if we can provide you with any further information, please feel free to contact me at 645-9520. Sincerely, A TEe Associates, Inc. #d/~~ Mark S. Mason District Manager d~(~ Manager, Environmental Technical Services MSM/PB/ak Enclosure A Subsidiary of American Testing and Engineering Corporahon Offices in Major U.S. Cities/Since 1958 Consulting Environmental, Geotechnical and Materiats Engmeers TABLE OF CONTENTS e ITEM PAGE 1.0 INTRODUCTION/BACKGROUND INFORMATION . . . . . . . . . . . .. 1 2.0 SCOPE OF SERVICES ................................ 3 ) .' I I ) ! i J 3.0 PROJECT RESULTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1 Geophysical Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Soil Conditions/Regional Geology . . . . . . . . . . . . . . . . . . . . . . .. 5 3.3 Field Organic Vapor Readings/Contamination Observations ........ 6 3.4 Analytical Results - Soils/Groundwater . . . . . . . . . . . . . . . . . . . .. 6 3.4.1 Soil Chemistry Results .......................... 7 3.4.2 Groundwater Chemistry Results . . . . . . . . . . . . . . . . . . . .. 9 3.5 Groundwater/Regional Hydrogeology . . . . . . . . . . . . . . . . . . . . . . 13 4.0 RECEPTOR SURVEY ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.0 DISCUSSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 6.0 RESPONSE ACTION ALTERNATIVES ..................... 16 6.1 Groundwater..................................... 16 6.2 Soil ......................................... .17 .e 7.0 QUALIFICATIONS.................................. .18 ~ J ) ~ LIST OF TABLES Table 1 - Metals/Phenol/Cyanide Soil Chemistry Results ................ 7 Table 2 - Polynuclear Aromatic Soil Chemistry Results . . . . . . . . . . . . . . . .. 8 Table 3 - Metals/Phenol/Cyanide Groundwater Results ................ 10 Table 4 - Polynuclear Aromatic Hydrocarbon Groundwater Results . . . . . . . . . . 11 Table 5 - MDH 465D VOC Groundwater Chemistry Results . . . . . . . . . . . . . . 12 Table 6 - Groundwater Elevation Data ........................... 14 LIST OF APPENDICES Appendix A - Figures Appendix B - Geophysical Survey Data Appendix C - Boring Logs Appendix D - Methodologies Appendix E - Chemistry Reports/Sampling Information data Sheets Appendix F - Monitoring Well Data Appendix G - City Water Well Data e . .-- .... ' Phase II Environmental Site Assessment United Building Center Lumber Yard 301 South Second Street, Stillwater, Minnesota A TEC # 55-07-93-00125 1.0 INTRODUCTION/BACKGROUND INFORMATION , " As authorized by the City of Stillwater, A TEC has completed a Phase II Environmental Site Assessment at the above referenced site (Figure 1, 2-A, 2-B, Appendix A). For purposes of this report, the "Site" will be limited to the UBC Lumberyard and not the adjacent office/warehouse building unless specifically referenced. The Environmental Protection Agency (EP A) has designated this site as Stillwater Gas Manufacturing Site #1. Stillwater Gas Manufacturing Site #2 is located on South Main Street near the Sl. Croix River. The presented evaluation is limited to the property designated as Site #1. I i A Phase I Environmental Site Assessment completed in December 1992, has identified that the property was previously used as an oiUwater gasification facility. Preliminary assessment work completed by the EPA indicates the site has a "moderate" potential for environmental concern. A letter generated by the Minnesota Pollution Control Agency (MPCA) has indicated that the EP A work may have inconsistencies associated with the data. The following summary, based on Northern States Power Company (NSP) records, describes the history of the site. In the year 1874, the Stillwater Gas Company was organized to manufacture and distribute gas in the City of Stillwater. An oil gas plant was installed on Nelson Street between Second and Third Streets. Gas was sold for street lighting, and general store and factory lighting. 1 1 In the year of 1887, the Stillwater Gas Company reorganized and changed its name to Stillwater Gas and Electric Company. The gas plant was retrofitted as a water gas plant at the same location (The water gas processes are distinguished from other gas making processes in that a portion of the fuel is consumed within the generator or producer to supply heat to carry on the gas making reactions. When a deep, hot fuel bed is blown with air and steam through the fuel bed, discarding the blast gas to the atmosphere, and retaining as a product only the blue gas, this is referred to as the water gas process. By using this process, a smaller amount of gas is produced, but has a higher BTU value [An Investigation of the Manufacture of Water Gas with Esoecial Reference to the Decomposition of Steam, A Dissenation by Loyd Logan, Depanment of Gas Engineering, John Hopkins University, 1929]). In the year 1904, the Stillwater Gas and Electric Company was acquired by the Western Gas and Improvement Company. A new coal gas plant was built at the present location on South Main Street (Site #2). This plant consisted of two benches and purifying and scrubber equipment, and a 50,000 cubic foot gas holder was installed. In the year 1909, the Western Gas and Improvement Company was sold to the Washington County Light and Power Company. On January l, 1910 the name .Washington County Light and Power Compariy was changed to the Consumers Power Company. On January 4, 1910 the S1. Croix Gas Company was organized. In the year 1911, a 150,000 cubic foot gas holder was built at Nelson and South Second Street at Stillwater. In the year 1916, the name of Consumers Power Company was changed to the Northern States Power Company, Stillwater. On January 1, 1917, the Name of St. Croix Gas Company was changed to the Interstate Light and Power Company at Hudson, Wisconsin 2 e e el , ' In the year 1949, the old coal gas plant at Stillwater was shut down, and the gas holder heating boiler was replaced at Stillwater. The Phase I Environmental Assessment prepared by Labno Environmental, December 4, 1992 infers the property has been used as a lumberyard after gas production operations ceased. 2.0 SCOPE OF SERVICES Based on the above referenced activities at the site, and the preliminary work performed by the EPA, ATEC has completed the following scope of work to further evaluate the site: 1. Perform a geophysical survey (3 lines) at the site to locate the previous drainage system; 2. Advance fifteen (15) soil borings and screen soils in the field for total organic vapors; 3.. Install four (4) water table, groundwater monitoring wells to establish an environmental monitoring system network; 4. Develop, stabilize, sar.1ple, record depth to groundwater measurements and collect two (2) rounds of representative groundwater samples for chemical analysis; 5. Analyze the permeability of impacted soils by conducting an in-situ hydraulic conductivity test; 6. Conduct a risk assessment to evaluate potential wells, utilities, or other subgrade structures that may become impacted by the hydrocarbon contamination; 3 7. Conduct laboratory chemical analyses on select soil and groundwater samples for target inorganic and organic parameters; and e 8. Evaluate the data collected, prepare a report presenting the results of the subsurface assessment, and present estimated costs associated with remediating the site. The estimated remediation costs reflect short term dynamic remediation options versus longer term passive remediation options. 3.0 PROJECT RESULTS 3.1 Geophysical Survey Prior to completing any soil borings, three (3) electromagnetic (EM) geophysical survey lines were completed at the site. The objective of the survey was to evaluate the location of the previous drainage channel and brick sewer line noted on a 1884 sanborn map, and to evaluate if contamination exhibiting a higher EM signature had accumulated as a result of previous activities at the site. The results of the geophysical survey are presented in e Appendix B, and the location of the geophysical lines are presented on Figure 3, Appendix A. A review of the data indicates that lines 1, and 2 have recorded significant anomalies. The off-scale anomaly at line I appears to be associated with both the buried sanitary sewer line and the historical drainage channel. The double anomaly on line two appears to be associated with the separate sewer line and buried drainage channel. Line 3 picked up a small anomaly near the expected drainage chaIUlellocation. Soil borings confirmed the location of the drainage channel, and that the channel near the large anomaly on line 2 contains contaminated soils. Soil borings also indicate the anomalies on lines 1 and 3 result from filling of the channel. No contamination was observed in the fill material at the anomalies at lines 1 and 3. e! 4 'd.- . ~ 'P~ 3.2 e .e e ..f " '.'" Soil Conditions/Regional Geology Fourteen (14) soil borings were drilled at the site and one (1) soil boring was drilled on the adjacent UBC office/warehouse property between December 2, 1993 and December 9th, 1993 (Figure 2-A, 2-B, Appendix A). The borings were located in areas of previous above ground structures and near the property boundaries and the existing subgrade sanitary sewer. The borings ranged in depth from 5 feet (B-4) to 46.5 feet (B-1). The soils encountered in most borings consisted of fill materials ranging in thickness from two (2) feet at B-4 to 30 feet at B-6. In general, the fill consisted of silty sand with gravel and some cobbles. However, the fill encountered at boring B-5 consisted of brick, wood, cable, rubber, coal-like deposits and sheet metal, and the fill encountered at B-6 consisted of brick, coal-like deposits and gravel. Underlying the fill, weatheredlredeposited sandstone was encountered along the southern edge of the property (borings B-1 through B-5). Most remaining borings were underlain by lean/silty clay deposits. Boring B-12 contained apparent'native sand and gravel deposits underlying the fill. Based on the cross-sections generated for the site, this material in most likely alluvial/colluvial deposits that filled the historical drainage channel through this area. Cross-sections A-A', and B-B' were generated for the site and are presented as Figures 4, and 5 respectively, Appendix A. Cross-section locations are represented on Figure 3, Appendix A, and the boring logs are located in Appendix C. The sandstone encountered at the site consists of the Paleozoic age Jordan Formation (Jordan). The Jordan is reported in the area to be a medium to coarse-grained, friable, quartzose sandstone with trough cross-beds. The contact with the overlying Oneota Dolomite can be seen near the site directly above the gasometer tank location in the rock cut for South Second Street. The Jordan is likely very weathered and eroded near the center of the site, resulting from the historic drainage channel. At boring B-1, the sandstone appears to be inter-tongued with lean clay deposits resulting from slope wash or slumping. Locally, the Jordan is approximately 60 feet thick and is underlain by the St. Lawrence Formation, a siltstone. 5 3.3 Field Organic Vapor Readings\Contamination Observations Soil samples, recovered from the soil borings, were screened for the presence of e contamination and elevated organic vapors using both visual evidence and an GVM 580-B photo ionization detector (PID). Methodologies are presented in Appendix D. Elevated organic vapor readings did not exceed 10 parts per million (ppm) at any boring location with the exception of borings B-2 (25.0 ppm [highest reading]), B-5, (315 ppm [highest reading), B-6, (62 ppm [highest reading)), and B-15, (10.9 ppm [highest reading)). The elevated reading at boring B-2, B-5 and B-6 are associated with a petroleum-like odor in the fill materials. The elevated PID reading at boring B-2 is surficial while B-5 and B-6 were at depth. The elevated PID reading at boring B-15 appeared to be associated with soil that was contaminated by hydrocarbon contaminated groundwater. Field organic vapor readings are presented on the boring logs attached as Appendix C. The referenced field PID readings reflect a "net" value and have the recorded background value subtracted out. 3.4 Analytical Results - Soils/Groundwater Water e Eleven (11) soil samples, one (1) groundwater sample "grabbed" through the soil auger, and four (4) stabilized groundwater monitoring well samples (two sets) were collected and analyzed for select inorganic and organic parameters. The criteria for selecting the soil sample for analysis was based on the vertical and horizontal location of the soil sample, and the field PID readings. In general, the soil sample that contained. the highest PID reading, or the soil sample that was collected into native soil, or the soil sample that was collected at the apparent stabilized water table was submitted for analysis. To evaluate subsurface flow in the historic drainage, groundwater was sampled through the soil auger at boring location B-14. Four (4) groundwater monitoring wells were established on-site for evaluating the groundwater flow direction, hydraulics analysis and sampling background and downgradient water quality. The first set of groundwater samples was collected approximately 2 weeks after monitoring well installation, and the second set of the groundwater samples were collected approximately two weeks past the date of the initial sampling. e: 6 ,ii, e 3.4.1 Soil Chemistry Results Select soil samples were submitted for analysis to determine the arsenic (EP A 7060). cadmium (EP A 6010), copper (EP A 6010), lead (EP A 6010), mercury (EP A 7471), barium (EPA 6010), chromium (EPA 6010), and silver (EPA 6010) metals concentrations. Total cyanide (EP A 9010), total phenols (EP A 9065), polynuclear aromatic hydrocarbons (EPA 8310), and benzene, ethyl benzene, toluene, and xylenes (BETX) analyses were also analyzed on select soil samples. The results of the soil chemistry are presented in Tables 1, and 2. Soil chemistry reports are attached as Appendix E. TABLE 1 MetalsfPhenol/Cyanide Soil Chemistry Results UBC Lumberyard Stillwater, M~nnesota 55-07-93-00125 (All results are in ppm) Parameter *B-2 B-3 B-5 B-6 B-8 B-ll Range** (Detection Limits) (0-1.5') (0-1.5') (12.5-13.5') (22.5-24.5') (15-17') (22.5-24.5') Arsenic (0.10) 2.0 1.1 2.6 1.1 1.0 0.8 1 - 5 Cadmium (0.20) NO NO NO NO NO NO .01 - .3 Copper (0.20) 29 8.9 150.0 32.0 11.0 4.2 2 - 100 Lead (2.0) 32 60.0 50.0 NO NO ND 2 - 200 Mercury (0.01) 0.023 0.10 0.072 0.016 0.035 0.011 .01 - .3 Barium (1.0) 46.0 29.0 63.0 28.0 42.0 32.0 100 - 3000 i-..Chromium (0.50) 12.0 5.7 14.0 18.0 8.2 5.8 1 - 1000 Selenium (0.40) NO NO NO NO NO NO 0.1 - 2 ~iIver (0.50) NO NO NO 1.9 NO NO .01 - 5 Jotal Phenols (0.50) 0.58 NO NO ND NO NO NL Jotal Cyanide (1.0) ND NO 1.8 NO NO ND NL *B-2 (0-1.5') = Bonng B-2. sample collected from 0 - 1.5 depth range. **Range = Published in: Trace Chemical Element Content of Natural Soils. USEPA Office of Solid Waste and Emergency Response, April 1983. ND = Not Detected NL = No Listing 7 e ,e ,. JIll TABLE 2 Polynuclear Aromatic Soil Chemistry Results UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All results are ppm) Parameter +B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-8 B-9 B-11 B-13 ++B-14 (0-1.5') (0-1.5') (1-3 ') (12.5-13.5') (22.5-24.5') (15-17') (0-5') (15-17') (0-5') (22.5-24.5') (17-19') Groundwater Naphthalene 0.32 1.2 ND 4.3 0.86 ND ND ND ND ND ND ND Acenaphthylene ND 0.20 ND 0.41 ND ND ND ND ND ND ND ND Acenaphthene 0.35 4.7 ND 1.4 ND ND ND ND ND ND ND ND Fluorene 0.47 8.8 NO 5.5 4.1 NO NO NO NO NO NO NO Phenanthrene 0.12 I.S ND 5.6 1.7 NO NO NO ND NO NO NO Anthracene 2.2 6.9 NO 9.8 13 ND 0.082 0.051 0.11 ND NO NO Fluoranthene 5.3 29 0.02 100 76 0.059 0.38 0.49 0.58 0.10 0.17 NO Pyrene 0.21 1.2 NO 4.3 0.27 NO 0.Q25 NO 0.14 NO ND NO Benzo(a)anthracene 0.22 0.99 0.001 I.S NO 0.002 0.013 0.005 0.025 0.003 0.002 NO Chrysene 0.78 1.8 NO 2.9 NO ND 0.028 0.GI8 0.065 NO ND ND Benzo(b)nuoranthene 8.6 15 0.21 23 ND 0.20 0.27 0.12 0.99 0.61 0.051 NO Benzo(k)fluoranthene 1.6 2.2 NO 6.0 NO 0.060 0.13 0.180 0.32 0.12 0.017 ND Benzo(a)pyrene 0.60 2.0 NO 4.5 NO 0.075 0.049 0.023 0.11 0.095 0.008 NO Dibenz(a .h)anthracene 0.28 0.60 ND 0.58 0.44 0.080 0.018 0.006 0.061 0.055 0.004 NO Benzo(g,h.i)perylene 1.1 2.8 ND 4.3 2.6 ND 0.092 0.014 0.16 0.27 0.018 NO Indeno(I.2,3-<:,d)pyrene 0.20 1.6 NO 0.035 ND ND 0.021 ND 0.019 0.066 ND ND + = Boring B-2. sample collected form the 0 - 1.5 depth range. U = Grab groundwater sample collected from inside the hollow stem auger. ND = Not Detected 8 e e .e e- .'i~; ....' .. .4, .~~ ,... .-;:! P ,,~ .f ~. ~I t-i "'t. .4~: 0;': .0.: or:" t e Soil analytical results indicate all metals, with the exception of copper in boring B-5, are within the published "background" range as referenced by the EPA's Office of Solid Waste and Emergency Response. The elevated copper is most likely associated with the buried copper wire that was detected in the boring. Total phenol and cyanide results were all non-detect with the except~on of the sample from boring B-2 (0 - 1.5 feet), which contained a 0.58 ppm total phenol concentration, and the soil sample from boring B-5 (12.5 - 13.5 feet), which contained a 1.8 ppm total cyanide concentration. There are no EPA published "background" ranges for these two parameters. A review of the PAH concentrations indicates that low concentrations of PAR's were detected in all soil samples that were analyzed. The soil samples that exhibited concentrations in excess of 10 ppm include: Boring B-3, 0 - 1.5 feet, (Fluoranthene, 29 ppm), boring B-5, 12.5 - 13.5 feet, (Fludranthene, 100 ppm), and boring B-6, 22.5 _ . . 24.5 feet, (Anthracene, 13 ppm and Fluoranthene, 76 ppm). All soil samples analyzed for BETX were non-detect at the method detection limit. 3.4.2 Groundwater Chemistry Results Two sets of groundwater samples were collected at the site usmg methodologies described in Appendix D. The detected results for the December 15, 1993 groundwater sampling event are presented on Tables 3, 4, and 5. In general, the second round of groundwater chemistry results are consistent with the first round of groundwater chemistry results. Completed chemistry reports and sampling information forms are presented in Appendix E. 9 - ,.,:~, 'Ilo TABLE 3 .. Metals/Phenol/Cyanide Groundwater Results Sampled 12-15-93 UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All results are ppm) I Parameter (Method) I MW-l I MW-2 I MW-3 I MW-4 I Total Phenols (EPA 9065) ND ND ND ND Total Cyanide (EPA 9010) .0.16 ND ND ND Dissolved Arsenic (EP A 7060) ND ND ND ND Dissolved Cadmium (EP A 6010) ND NO ND ND Dissolved Copper (EPA 6010) ND ND ND ND Dissolved Lead (EPA 6010) ND ND ND ND Dissolved Mercury (EPA 7471) ND NO ND ND Dissolved Barium (EPA 6010) ND NO NO NO Dissolved Chromium (EPA 6010) NO NO ND ND Dissolved Selenium (EP A 7740) ND ND ND ND Dissolved Silyer (EPA 6010) ND NO ND ND ."Free" Cyanide RAL (Recommended Allowable Limit) = 0.10 ppm 10 II e e e , " I ;~ e.,. _f a..~.':. W,,\' TABLE 4 Polynuclear Aromatic Hydrocarbon Groundwater Analysis Sampled 12-15-93 UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All results are ppb) Parameter MW-1 I MW-2 I MW-3 MW-4 RAL Naphthalene ND ND ND 990 30 Acenaphthylene ND ND ND 970 NL Acenaphthene ND ND ND 260 4000 Fluorene 0.70 1.0 0.72 1500 NL Phenanthrene ND ND ND 170 300 Anthracene 0.92 ND 0.89 680 2000 Fluoranthene 2.6 1.2 2.3 2300 300 Pyrene ND ND ND 110 200 Chrysene ND ND ND ND NL .:IIII.'lllll!III[!I!III!llll'!!I~::I:I'~I,~':jii~':':1!:[..I!~i:.:..t:::!::\::::::~I~~~l!~'[:~I~:;::l:I:~I:[l~l:~~[!!II!IRIIII[I!::::~i~'U!II~~!IIR~I'~~!ll!::I~:::[n[II!IIIIIIII~I~;II:j::jl!I!I::~![I:.I':!' :llll::.::~';:.:.>:.:.:...:..:~::::;!::;;I!r~"lllillli;1!lili::.ill!.ii:l!.::I!il:l!::::!~II::'::::Qi!I:I:i!!:ill!i~::i111!I~i[!ii.jllgl'~1~!llil~!11IU .. %'.:."!fg'[ll11:i~11i~: :f:~:f::::::~:;1Ii!:llll11111~1i!:~i!:!;:: Benzo(g,h,i)perylene 1.2 1.3 1.5 4.0 NL Total Carcinogenic 2.97 1.93 2.15 43.2 30 Total Non-Carcinogenic 5.42 3.5 5.41 6084 300 Shaded compounds - Carcmogeruc PAH's as listed WIth the National TOXIcology Program's 5th Annual Report on Carcinogenic, 1989 NL = Not Listed ND = Not Detected 11 .:,1 TABLE 5 MDH 465D VOC Groundwater Chemistry Results Sampled 12-15-93 UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All Results are ppb) I Parameter I MW-l I MW-2 I MW-3 I MW-4 I RAL I Benzene ND ND ND 55 10 n-Butylbenzene ND ND ND 18 NL sec- Buty lbenzene ND ND ND 21 NL Ethyl benzene ND ND ND 29 700 Naphthalene ND ND ND 370 30 n- Propy lbenzene ND ND ND 16 NL 1,2,4- Trimethylbenzene ND ND ND 23 NL 1,3,5- Trimethylbenzene ND ND ND 14 NL a-Xylene & Styrene ND ND ND 27 * 1000 m,p-Xylene ND ND ND 23 *1000 .e e * = 1000 ppb = RAL for M,P,O-xylene (total) ND = Not Detected MW-l = Monitoring Well MW-l As indicated by the results, low concentrations of PAH's were detected at all monitoring well locations. PAH values detected at monitoring wells MW-l, MW-2, and MW-3 may represent background water quality conditions. The P AH and VOC concentrations detected at monitoring well MW -4 indicate that the total carcinogenic and total non- carcinogenic PAH's and naphthalene, fluoranthene, and benzene concentrations exceed their respective Minnesota Department of Health (MDH) RAL drinking water standards. e 12 e e e 3.5 I An elevated total cyanide concentration was also detected at monitoring well MW -1, The 160 parts per billion (ppb) concentration is a "total" value and should not be compared to the 100 ppb "Free" cyanide drinking water standard. Considering that cyanide .is usually bound to soil particles and not available for transport in a "Free" state, A TEC suspects that the "Free" cyanide associated with the 160 ppb "total" cyanide concentration would be less than the 100 ppb "Free" cyanide RAL. Groundwater/Regional Hydrogeology Four (4) PVC, water table, groundwater monitoring wells were installed at the site. Groundwater monitoring well construction details and MDH well records are attached as Appendix F. Groundwater was encountered in the wells at depths ranging from approximately 20 feet at boring MW-3 to 37 feet at MW-l. The groundwater elevation at boring MW-l appears to be lower in elevation than would be expected. This may be a function of colluvium and bedrock hydrodynamics and the proximity to the steep slope. The calculated groundwater flow direction is generally north/northeast with a gradient of 0.01 ft/ft. A summary of the groundwater elevations is presented as Table 6. 13 TABLE 6 Groundwater Elevation Data UBC Lumberyard Stillwater, Minnesota Well ID Date * Reference Depth to Groundwater Groundwater Elevation (in feet from Reference Elevation (in feet) Elevation) (in feet) MW-I 12-15-93 731.35 36.95 694.40 MW-l 1-04-94 731.35 36.78 694.57 MW-2 12-15-93 730.30 29.57 700.73 MW-2 1-04-94 730.30 29.38 700.92 MW-3 12-15-93 719.44 20.71 698.73 MW-3 1-04-94 719.44 20.61 698.83 MW-4 12-15-93 726.76 27.78 698.98 , MW-4 1-04-94 726.76, . 27.51 699.25 . .All groundwater elevations are'referenced to the top nut of the fIfe hydrant' on the southeast comer of Olive and South Second Street. This nut was assigned an elevation of . 712.32' by the City of Stillwater (mean sea level). e e ': A rising head slug test was completed on monitoring well MW -4. The data was reduced "., ~iDg the Bouwer-Rice Method and graphically represented using Aqtesolv software. The ':', results of the slug test indicate that the hydraulic conductivity is 1.79 X 10.5 ft\min. or i~ ,/-9.09 X 10.6 em/sec.. This data combined with the gradient and an assumed porosity of Y'~; ~.30 would provide a groundwater velocity of 2.59 XlO-7 cm.lsec.. referenced in the Geologic Atlas of Washington County. Minnesota, the first ~ountcred unconfined aquifer underlying the project site is the Prairie du Chien-Jordan Aquifer., The Prairie du Chien Jordan Aquifer form the most heavily used aquifer system in Washington County. The Oneota Member of the Prairie du Chien Group can be seen . in the bedrock outcrop that is directly southeast of the site. Locally, the site is underlain .by the Jordan Sandstone and is approximately 60 feet thick. e 14 The original gas plant was constructed around an open channel drainage through the area. This channel was carved into the Jordan Sandstone. As evidenced by Sanborn Maps, the open channel was filled in. Regionally, and as calculated locally, groundwater flows toward the St. Croix River. 4.0 RECEPTOR SURVEY A review of water well logs on file with the Minnesota Geological Survey indicates that the City of Stillwater Municipal Wells #1, 5, and 6 are within one mile of the site. Well construction information and a well location map is presented in Appendix G. A review of the well construction data indicates that the closest municipal well is finished in the underlying Mt. Simon Formation, and cased through the Jordan. All other wells listed are cased through the Jordan, and are finished in a lower aquifer. 5.0 DISCUSSION Based on the project results, groundwater with dissolved fluoranthene, anthracene, and benzene concentrations, in excess of the MDH RAL's, appears to be migrating offsite towards the eastern property boundary. The migration pathway appears to be associated with the buried drainage system that may have cut through on-site clays and colluvium. Potential source areas as verified by the borings include the area near borings B-5, and B-6. Boring B-5 appears to be associated with the gas holding tank area, as depicted on the 1904 Sanborn map, and boring B-6 appears to be associated with both the previously referenced drainage channel and the 1904 building designated as "Purifyi~g". Figure 6 depicts the inferred extent of soil and groundwater contamination. .4'. . 15 ~. Based on the results of the Phase II evaluation, soil contamination appears to be localized at the site. The soil contamination appears to be leaching into the groundwater and has contributed to the detected groundwater fluoranthene, and anthracene contamination. The soil chemistry results do not support the detected benzene groundwater contamination. A.TEC suspect that the chemical composition of the residual soil contamination may vary and ATEC's designated samples for analysis did not correspond to a source area for the benzene contamination. The potential also exists that other "source" areas may be present at the site. .... " 'tc. 't; (\: - - . ). :t 't: ~ (t ... - c > t A TEC currently recommends that additional subsurface evaluation work be completed off-site to further evaluate the extent and magnitude of the groundwater contamination. In addition, the area near borings B-5, and B-6 should be gridded and additional borings be placed to further evaluate the vertical and horizontal extent and magnitude of the soil contamination. At that time, A TEC recommends that additional characterization! treatability analyses be performed on select soil samples for total halogens, moisture, btu/lb, ignitability, reactivity, corrosivity, TCLP analyses (metals, VOC's, and semi- VOC's), select nutrients, and microbial activity. - 6.0 RESPONSE ACTION ALTERNATIVES 6.1 Groundwater Considering that contaminated groundwater is leaving the site in concentrations that exceed the MDH RAL's, additional groundwater evaluation work will be required by the MPCA. Based on the results of the additional evaluation, future groundwater monitoring/active remediation may be required. The following costs may be used to estimate the above referenced alternatives. ei 16 ., "' -e ., -e ., I 1- e 6.2 Additional Groundwater Evaluation: · Install 4 additional groundwater monitoring wells ............ $15,000.00 · Four Quarters of Groundwater Monitoring (8 wells) . . . . . . . . . .. $18.000.00 $33,000.00 Active Groundwater Remediation: · Design and install a groundwater remediation system (carbon filtration) $80,000.00 · Monitor monthly (one year, and carbon replacement. . . . . . . . . ". $50.000.00 $130,000.00 Soil Upon completion of the additional soil and groundwater evaluation, it may be determined that no "active" soil remediation is required. However, considering that the site may undergo future development which could r~quire the excavation of P AH contaminated soils, A TEC has prepared three remedial cost alternatives for the site. The designated future use of the site, combined with the results of the previously mentioned treatability\characterization studies will determine the optimum remediation option. Cost scenarios for excavating and JandfiIling (short term remediation, medium cost, high future liability), excavating and incinerating (short term remediation, high cost, low future liability), and excavating and placing soils in a bio-cell (long term remediation, low cost, medium future liability) are provided. For estimating purposes, A TEC has assumed that 500 cubic yards (700 tons) of P AH contaminated soils would be removed to facilitate the future development of the site. Depending on the soil cleanup goal negotiated with the MPCA, this volume could be underestimated by one to two orders of magnitude. Generally speaking, as the volume increases, the cleanup cost per cubic yard or ton will decrease. 17 Additional Soil Characterization: - -, · Drill six additional borings and complete treatability/characterization studies . . . . . . . . . . . . . . . . . . . . . $25tOOO.OO Excavation and Landfill Option: · Excavate 500 yards/Testing . . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00 · Transport to Adams Center Landfill, Ft. Wayne, IN . . . . . . . . " $110,000.00 · Disposal..................................... $160.000.00 $290tOOO.00 Excavation and Incineration Option: · Excavate 500 yards/Testing . . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00 · Transport to Trade Waste Incineration, Sauget, IL . . . . . . . . . " $110,000.00 · Disposal (assume 2000 - 3000 BTUllb) . . . . . . . . . . . . . . . . " $980.000.00 $1,110,000.00 e I r Excavation and Bio-Cell Option: · Excavate 500 yards/Testing . . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00 · Construct a Bio-CeIl on-site. . . . . . . . . . . . . . . . . . . . . . . " $100,000.00 · Monitor monthly for two years . . . . . . . . . . . . . . . . . . . . $50.000.00 $170t090.00 7.0 QUALIFICATIONS Our professional services have been perfonned, our findings obtained and our recommendations prepared in accordance with customary principles and practices in the fields of environmental science and engineering. This warranty is in lieu of all other warranties either expressed or implied. This company is not responsible for the independent conclusions, opinions or recommendations made by others based on the field exploration and laboratory test data presented in this report. It should be noted that all e 18 -e surficial and subsurface envirorunental assessments are inherently limited in the sense that conclusions are drawn and recommendations developed from information obtained from limited research and site evaluation. Additionally I the passage of time may result in a change in the envirorunental characteristics at this site and surrounding properties. It must be noted that no investigation can absolutely rule out the existence of any hazardous materials at a given site. This assessment has been based upon prior site history and observable conditions and activities. . J ] -J -J '] ] J 1-1 19 -. .. . r:;- / '. i. .. . " " 11..-,\ (16'~' \---~ c .. .--, }~ ,(, .-\~0 , \\Y, , I ( (J / , .,,) "jf '\ \j 'j ',-- - " --0: \ '), , I .Li '--::; ) I \' .:. " -~ ., (~ r-" . fa.. (. . ". 819 S.", \ -'J t-6~~ l ./ '. ... ... 2_______~ ~< ... <' L-~ " -';. ... 01,. ... (5) " s 0' /> c SITE LOCATION MAP UBC Lumberyard Stillwater, Minnesota Project Number: 55-07-93-00125 ~ Scale: 1" = 2000' ATEC Figure: 1 orth / 1/ / Feet o I 50 '- Steep Slope \ MH _-0-- '- PREVIOUS TANK LOCATIONS (FROM MAP DATED 1884) . 8-9 uc STORAGE SHED -- ~ o w I (f) / -'\ 0PUR'rY'NG (rROu. o.T[O '9~ ! ~ 8-13 / ~ .8-7 Steep Slope ~ \(~M ~"'~ ~)5 (FRO'" MAP OAT ED ,go; / / ~~ Steep Slope '-.J G'{" 9i f? f:J <- SITE MAP UBC Lumberyard Stillwater, Minnesota BRICK BUILDING 8-10/MW-3 ~ 8 - 1 OA . .8-3 8-15/ MW-4 ~ 8-8. MW-l/ 8-1 ~ / .....--, REiAtNING WALL,\ I PREVIOUS GASOMETER TANK \ (FROM MAP DATED 1924) \ . 8-4 ) ~ '----- ------ t \ Steep Slope Project Number: 55-07 -93-00125 Scale: See Map Figure: 2A ATEC e o L I V E STREET w '" <Il o '" :x: .... J: I- ::> o <Il BRICK BUILDING B-l0/MW-3 ~ .-,7 . B-3 B-I~/ MW-<4 ~ MH B-B. ...;.;.0.--------------- , ----------- - - - -I - "'- - - - - - - - - .. .. - .. - - .. - - - - - - .. - E A S T N E L SON S T R E E T -------- o W :I: VI --~ ~ B-13 -- -----.. ~ ~~ ~~~ \If'I'lOI\l~ON'I:O'ICH) "- --- Steep Slope Sleep Slope PJ CAOO/OO' a-l.OWC .B-7 Sleep Slope M~= ~ / ~ / -, REiJliNINC WALl'\ ( PI't('I.1OJS CASOMCTtA TANK \ (ntot.! w.P OAreD 1124) \ . B-4 / '\ / '- , SITE MAP UBC Lumberyard Stillwater, Minnesota , .... , U.BC BUILDING . B-14 , w, "': ...., <Il' , .0' , z, 0: u' , , <Il' , , I' , NELSON ALL E Y ::>, 0' , <Il' , , LEGEND: BRICK SEWER LINE North B-l1. SOIL BORING LOCATION I.4W-l ~ MONITORING WELL LOCATION \ ...-:..- BEGINNING Dr UPWARO SLOPE / ,/ / reet o , 50 Project Number: 55-07-93-00125 Scale: See Map Figure: 2B ATEC North / f/ / Feet o 50 Steep Slope \ " PREVIOUS TANK LOCATIONS (FROM MAP DATED 1884) u~ BRICK BUILDING :3 8-11. 8-8 MH _-0-------------- o w I (/) Steep Slope ~ ~R(V\OUS CASOuC'CR 8 ~S \ (FROU MAP ()Aleo '90'1/ / ~ -~. / r) L_ .8- 7 , / -----, RETA1 .Ne WA L"',,- \ ! PREVIOUS GASouE! R '^NK \ C'" D n lC,1, \ I l i I I 1,;1 ~ A' B' I J J Steep Slope --- ----------- ---~-----/ j , ,e I GEOPHYSICAL I CROSS SECTION LOCATION MAP UBC Lumberyard Stillwater, Minnesota Steep Slope Project Number: 55-07 -93-00125 Scale: See Map Figure: 3 ATEC z o H Q) t; III W' L Cf.)<l:Q) I > Cf.)<l:O Cf.) L o I- et: U o Oep.,.h -20 -25 -30 -35 -10 -15 -= ~ c- ~ C1..) =- C1..) ---' &:; '- ~ ~-~ <n .~ ~~ l-..o.-. LJ) I CO ("V") ---l I CO <...D I CO o 0-. I o oz- ~+d...O 5Z- 0(- 5- 5T- -<10 Q) III L Q) > o L I- o u ~ ~ 1< lrl !-IN 0.. ,8- ~ 68 ~ ::lM ~ "<t ZO\ ~ , en .....r- uo ~ ~ I ~ ~ 0,""", lrl - 8lrl ~ U .- p... en [.1.. < ~ <'Q'S z a ~ O >. = _ a:>.5 eJe~ ~=r.: oo~~ ~u~ ~~~ ~ ... u 00 . CROSS SECTION 8-8" Traverse o o o Ifl , 8-8 0 , .... ... , 0 Ifl .... , , ... U1 o. , N N , 0 [Ifl Sd ty !'ml ,0 yN NO Q' With gwel U1lJ V [dJloshreI .; 0 J 0 . M W , 0 Ifl mly, Silty , M lem Cloy w , U1 Lem Cloy 0 , .. .A , 0 o Ifl , Ifl .. , , .A U1 , U1 o o Traverse CROSS-SECTION B-B' UBC Lumberyard Stillwater, Minnesota Project Number: 55-07-93-00125 Scale: See Map Figure: 5 ATEC e 3.4.1 Soil Chemistry Results Select soil samples were submitted for analysis to determine the arsenic (EP A 7060), cadmium (EPA 6010), copper (EPA 6010), lead (EPA 6010), mercury (EPA 7471), barium (EPA 6010), chromium (EPA 6010), and silver (EPA 6010) metals concentrations. Total cyanide (EPA 9010), total phenols (EPA 9065), polynuclear aromatic hydrocarbons (EPA 8310), and benzene, ethyl benzene, toluene, and xylenes (BETX) analyses were also analyzed on select soil samples. The results of the soil chemistry are presented in Tables 1, and 2. Soil chemistry reports are attached as Appendix E. " TABLE 1 MetalslPhenol/Cyanide Soil Chemistry Results UBC Lumberyard c Stillwater, Minnesota 55-07-93-00 125 (All results are in ppm) Parameter *B-2 B-3 B-5 B-6 B-8 B-ll Range** (Detection Limits) (0-1.5') (0-1.5') (12.5-13.5') (22.5-24.5') (15-17') (22.5-24.5') Arsenic (0.10) 2.0 1.1 2.6 1.1 1.0 0.8 1 - 5 Cadmium (0.20) ND ND ND ND ND ND .01 - .3 Copper (0.20) 29 8.9 150.0 32.0 11.0 4.2 2 - 100 Lead (2.0) 32 60.0 50.0 ND ND ND 2 - 200 Mercury (0.01) 0.023 0.10 0.072 0.016 0.035 0.011 .01 - .3 Barium (1.0) 46.0 29.0 63.0 28.0 42.0 32.0 100 - 3000 Chromium (0.50) 12.0 5.7 14.0 18.0 8.2 5.8 1 - 1000 Selenium (0.40) ND ND ND ND ND ND 0.1 - 2 Silver (0.50) ND ND ND 1.9 ND ND .01 - 5 Total Phenols (0.50) 0.58 ND ND ND ND ND NL Total Cyanide (1.0) ND ND 1.8 ND ND ND NL *B-2 (0-1.5') - Bonng B-2, s )le collected from 0 - 1.5 deJth range. **Range amp P Published in: Trace Chemical Element Content of Natural Soils. USEPA Office of Solid Waste and Emergency Response, April 1983. e ND = Not Detected NL = No Listing 7 TABLE 2 Polynuclear Aromatic Soil Chemistry Results UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All results are ppm) Parameter *B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-8 B-9 B-11 B-13 "B-14 (0-1.5') (0-1.5') (1-3') (12.5-13.5') (22.5-24.5') (15-17') (0-5') (15-17') (0-5') (22.5-24.5') (17-19') Groundwater Naphthalene 0.32 1.2 ND 4.3 0.86 ND ND ND ND ND ND ND Acenaphthylene ND 0.20 ND 0.41 ND ND ND ND ND ND ND ND Acenaphthene 0.35 4.7 ND 1.4 ND ND ND ND ND ND ND ND Fluorene 0.47 8.8 ND 5.5 4.1 ND ND ND ND ND ND ND Phenanthrene 0.12 1.5 ND 5.6 1.7 ND ND ND ND ND ND ND Anthracene 2.2 6.9 ND 9.8 13 ND 0.082 0.051 0.11 ND ND ND Fluoranthene 5.3 29 0.02 100 76 0.059 0.38 0.49 0.58 0.10 0.17 ND Pyrene 0.21 1.2 ND 4.3 0.27 ND 0.025 ND 0.14 ND ND ND Benzo(a)anthracene 0.22 0.99 0.001 1.5 ND 0.002 0.013 0.005 0.Q25 0.003 0.002 ND Chrysene 0.78 1.8 ND 2.9 ND ND 0.028 0.018 0.065 ND ND ND Benzo(b)t1uoranthene 8.6 15 0.21 23 ND 0.20 0.27 0.12 0.99 0.61 0.051 ND Benzo(k)t1uoranthene 1.6 2.2 ND 6.0 ND 0.060 0.13 0.180 0.32 0.12 0.017 NO Benzo(a)pyrene 0.60 2.0 ND 4.5 ND 0.075 0.049 0.023 0.11 0.095 0.008 NO D ibenz(a ,h)anthracene 0.28 0.60 NO 0.58 0.44 0.080 0.018 0.006 0.061 0.055 0.004 NO Benzo(g ,h, i)pery lene 1.1 2.8 ND 4.3 2.6 NO 0.092 0.014 0.16 0.27 0.018 ND Indeno(I,2.3-c,d)pyrene 0.20 1.6 NO 0.035 NO ND 0.021 NO 0.019 0.066 ND ND * = Boring B-2, sample collected form the 0 - 1.5 depth range. ** = Grab groundwater sample collected from inside the hollow stem auger. ND = Not Detected 8 e e e TABLE 3 . Metals/Phenol/Cyanide Groundwater Results Sampled 12-15-93 UBC Lumberyard Stillwater, Minnesota 55-07-93-00 125 (AIl results are ppm) I Parameter (Method) I MW-l I MW-2 I MW-3 I MW-4 I Total Phenols (EP A 9065) ND ND ND ND Total Cyanide (EPA 9010) .0.16 ND ND ND Dissolved Arsenic (EP A 7060) ND ND ND ND Dissolved Cadmium (EPA 6010) ND ND ND ND Dissolved Copper (EPA 6010) ND ND ND ND Dissolved Lead (EPA 6010) ND ND ND ND Dissolved Mercury (EPA 7471) ND ND ND ND Dissolved Barium (EPA 6010) ND ND ND ND Dissolved Chromium (EPA 6010) ND ND ND ND Dissolved Selenium (EP A 7740) ND ND ND ND Dissolved Silver (EPA 6010) ND ND ND ND <"Free" Cyanide RAL (Recommended Allowable Limit) = 0.10 ppm e 10 . TABLE 4 Polynuclear Aromatic Hydrocarbon Groundwater Analysis Sampled 12-15-93 UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All results are ppb) MW-I I MW-2 I MW-3 e Parameter Naphthalene ND NO ND Acenaphthylene ND NO ND Acenaphthene ND ND NO Fluorene 0.70 1.0 '0.72 Phenanthrene ND ND ND Anthracene 0.92 NO 0.89 Fluoranthene 2.6 1.2 2.3 Pyrene NO NO ND MW-4 990 970 260 1500 170 680 23'00 110 RAL 30 NL 4000 NL 300 2000 300 200 '::i_IlIIlIIl:,.::II:jiij:i:i.I:'li:':::'I:::':::jil::':',:I:::l'::::::'))):gilQig":'I:::.!':: Chrysene ND j:,::_IIIJ.I'I':II:::':':II::::i::..~:::j'j'j::Uj.:I:..',::':i::l::1.1~1'.II.I:I:.lllll.111 ::r ............................::.~::.IIIII.l.j:l:.1.:.:1:1111::)::I.I.::.I:':I:.II'i:lli.:lill:IH~III.:II)1111:11 'lil:_III.':I:I"il:li/:'II:111:,I:III.ll:.III.l~i!li.i:'III.:'II'I!'1111./i/: 'I:ill ::::1::11111'.I,):.:I:::.j.:I:.:.:l:):::I'::):1 Benzo(g,h,i)perylene i::jll.I~' ""':'::llllllllj'::\I::)::::lil.j:'.::IUI:III:I:I:..1:):IDII!'I.i.i:jll':.. Total Carcinogenic 2.97 .................................. ...............................-.. ...............................h. .................................. .................................. .................................. :::):::::::::::::::i:::UiE:::::::::::::::::::::):: . . NL 1.5 .:::::,:::)::::j:jg.::::.j:.j:!:'i:j .:::111:1:111::.:1111:'::11:::\:\.:::1\::). ':ll:::lllllll:I:\\II~: ..'iillll::\:::I:: 1. 93 2.15 43.2 30 Total Non-Carcinogenic 5.42 3.5 5.41 6084 300 haded compounds = Carcmogeruc PAH's as hsted With the National TOXIcology Program's 5th Annual Report on Carcinogenic, 1989 NL = Not Listed ND = Not Detected e 11 e TABLE 5 MDH 465D VOC Groundwater Chemistry Results Sampled 12-15-93 UBC Lumberyard Stillwater, Minnesota 55-07-93-00125 (All Results are ppb) I Parameter I MW-l I MW-2 I MW-3 I MW-4 I RAL I Benzene ND ND ND 55 10 n-Butylbenzene ND ND ND 18 NL sec-Butylbenzene ND ND ND 21 NL Ethy I benzene ND ND ND 29 700 Naphthalene ND ND ND 370 30 n- Propyl benzene ND ND ND 16 NL 1,2,4- Trimethylbenzene ND ND ND 23 NL 1,3,5- Trimethylbenzene ND ND ND 14 NL o-Xylene & Styrene ND ND ND 27 * 1000 m,p-Xylene ND ND ND 23 * 1000 * = 1000 ppb = RAL for M,P,O-xylene (total) ND = Not Detected MW -1 = Monitoring Well MW-l As indicated by the results, low concentrations of P AH' s were detected at all monitoring well locations. PAR values detected at monitoring wells MW-l, MW-2, and MW-3 may represent background water quality conditions. The PAH and VOC concentrations detected at monitoring well MW -4 indicate that the total carcinogenic and total non- carcinogenic PAR's and naphthalene, fluoranthene, and benzene concentrations exceed their respective Minnesota Department of Health (MDH) RAL drinking water standards. Ie 12 e o L I V E S T R E E T BRICk BUILDING a: B- 10/"''''-) 1%1 B- 10" . Vl o a: J: J: ;:) o V1 u B C BUIL.DINe . 9 _ I 4 0:: V". o' z. 0: u. NELSON ALLEY Vl. 1:' ;0' 0: Vl' , . _ _ _ __. _ _ M _ _ _ _ _ _ - - - - - - - - - - - -- NELSON STREET o ~ -.R~ING "'ALl" '- \ / /', APPROJtlMAT( ARt,< or CONCRL!E .'0 . B-' E A S T l(G(ND BRICK seweR l.INt 8-11. SOIL BORINe. l.OCAtION / 1/ / P~(VtOuS GASOM(TeR IANI< (f'RQt..A MAP DAf(O 1924) p,J CAOO/OOI2~- 1.000C l,IW-' ~ \ ---- ~O""ITORINC Well lOCATION B(CINNING or uj:lwA,RO SLOPE ~. '01"",0 (."01 0' C'ovoo,o'" Cootom.ool.oo ~. '0'''''0 ("'01 01 ,,,,-co' So., Coolom.oo..oo 0 Project Number: 55-07 -93-00125 INFERRED SOIL / GROUNDWATER CONTAMINATION MAP UBC Lumberyard Stillwater, Minnesota Scale: See Map Figure: 6 e f'olortP'l reel . ~o ATEC 6.0 RESPONSE ACTION ALTERNATIVES 6.1 Groundwater e Considering that contaminated groundwater is leaving the site in concentrations that exceed the MDH RAL's, additional groundwater evaluation work will be required by the MPCA. Based on the results of the additional evaluation, future groundwater monitoring/active remediation may be required. The following costs may be used to estimate the above referenced alternatives. Additional Groundwater Evaluation: . Install 4 additional groundwater monitoring wells ....... . Four Quarters of Groundwater Monitoring (8 wells) . . . . . . $15,000.00 $18,000.00 $33,000.00 Active Groundwater Remediation: . Design and install a groundwater remediation system (carbon filtration) $80,000.00 . Monitor montWy (one year, and carbon replacement. . . . . . . . . .. $50,000.00 $130,000.00 6.2 Soil Upon completion of the additional soil and groundwater evaluation, it may be determined that no "active" soil remediation is required. However, considering that the site may undergo future development which could require the excavation of P AH contaminated soils, ATEC has prepared three remedial cost alternatives for the site. The designated future use of the site, combined with the results of the previously mentioned treatability\characterization studies will determine the optimum remediation option. e Cost scenarios for excavating and landfilling (short term remediation, medium cost, high future liability), excavating and incinerating (short term remediation, high cost, low future liability), and excavating and placing soils in a bio-cell (long term remediation, low cost, medium future liability) are provided. For estimating purposes, A TEC has assumed that 500 cubic yards (700 tons) of PAH contaminated soils would be removed to facilitate the future development of the site. Depending on the soil cleanup goal negotiated with the MPCA, this volume could be underestimated by one to two orders of magnitude. Generally speaking, as the volume increases, the cleanup cost per cubic yard or ton will decrease. tit Additional Soil Characterization: . Drill six additional borings and complete treatability/characterization studies . . . . . . . . . . . . . . . . . . . . . $25,000.00 Excavation and Landfill Option: . Excavate 500 yards/Testing. . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00 . Transport to Adams Center Landfill, Ft. Wayne, IN . . . . . . . . .. $110,000.00 . Disposal..................................... $160.000.00 $290,000.00 Excavation and Incineration Option: . Excavate 500 yards/Testing. . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00 . Transport to Trade Waste Incineration, Sauget, IL . . . . . . . . . .. $110,000.00 . Disposal (assume 2000 - 3000 BTU/lb) . . . . . . . . . . . . . . . . .. $980.000.00 $1,110,000.00 Excavation and Bio-Cell Option: . Excavate 500 yards/Testing . . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00 . Construct a Bio-Cell on-site. . . . . . . . . . . . . . . . . . . . . . . .. $100,000.00 . Monitor monthly for two years. . . . . . . . . . . . . . . . . . . . . . . . $50.000.00 $170,000.00 7.0 QUALIFICATIONS Ie I, Our professional services have been performed, our findings obtained and our recommendations prepared in accordance with customary principles and practices in the fields of environmental science and engineering. This warranty is in lieu of all other warranties either expressed or implied. This company is not responsible for the independent conclusions, opinions or recommendations made by others based on the field exploration and laboratory test data presented in this report. It should be noted that all 18 Voluntary Cleanup Progranl Gets Revised Guidance e The MPCA recently issued a revised Guidance Document #4 which outlines various written assurances available to vol- untary parties pursuant to the MPCA's Voluntary Investigation and Cleanup Program. According to the guidance, these assur- ances can be either in the form of a letter, an agreement, or a certificate and can apply to technical, administrative and/or lia- bility matters. This article will paraphrase the contents of the MPCA's revised guidance documents. The MPCA will provide five categories of writlen assur- ances: I. Technical Assistance Approval Letters 2. No Action Letters or Agreements providing a Covenant Not to Sue 3. Off-Site Source Determination Leners or Agreements (Good Neighbor Letter) 4 Certificates of Completion (Partial and Full Cleanups) 5 No Association Determination Leners or Agreements 4. Certificates of Completion The MPCA will issuc a cenificate of completion in accor- dancc with the Land RecyclIng Act of 1992, as amended The Act allows parties not otherwise considered "responsible per- sons" to conduct cleanups and gain liability protection for themselves and their successors, lenders, and other panics who also are not otherwise responsible for the releasc. While "responsible parties" cannot obtain liability protection for themselves under the Land Recycling Act, they may be eligible for a full covenant not to SUe for future cleanup liability when they conduct and completc a voluntary response action in accordance with MPCA guidance and also could obtain a no action letter discussed above Protection from cleanup liability takes effect when the MPCA commissioner issues a certi ficate of completion, which coincides with the approval of a response action Implementation reporT 5. No Association Determination Letters or Agreements ,e I A no association determll1ation may be issued when a vol- unteer seeks to develop property or expand existing operations at a site with contamination. To qualify for protection, the no association determination letter or agreement must be issued prior to the proposed actions. The proposed actions must also result in either a benefit to the environment or economic improvement to the propeny. PROJEcr BUDGET WORKSHEET City of Stillwater e A TEC Msocia tel, Inc. Tad, e 1. Site Safety Pia. S45.00 S45.00 Environmental Technician 1.0 hour 1.0 hour $45.00 $45.00 $45.00 2. MoblDemobUixatio. S563.00 $ 974.40 Drill Ri~ &: Crew 1.0 each 1.0 each S275.00 $275.00 S275.00 Environmental Technician 5.0 hour 11.0 hour $45.00 $225.00 S495.00 Milea~e 180.0 miles 584.0 miles $0.35 S63.00 $104.40 3. Soil Bori.ga S6.400.00 S 11.549.40 Drillin~ &: Samplin~ (rotary) 100.0 (eet 0.0 feet $10.90 S 2.090.00 $0.00 Drill &: Sample (HS^, ne~otiated rate) 0.0 feet 358.0 feet $16.50 SO.OO S 5.907.00 Drilling &: Sampling (auger) 150.0 (eet 0.0 (eet $12.00 S 1.800.00 $0.00 Decontamination 3.0 hour 3.0 hour $ lIO.OO $330.00 $330.00 Grout Borings 150.0 (eet 221.0 {eel $4.40 S660.00 S 972.40 Project ControUDrillin~ Lo~s 1.0 each 1.0 each $ lIO.OO S 110.00 S lIO.OO Equipment Rental (P[D) 2.0 day 6.0 day $15.00 $l50.00 $450.00 Environmental Technician 28.0 hour 84.0 hour S45.00 S 1.260.00 $3.780.00 4. Mo.itoria.g Wel" $1.486.00 S2.949.1O Permits 4.0 each 4.0 each $ 82.50 $ :no.oo S330.00 PVC Screen [nstallation 40.0 feet 137.0 {eel $14.30 S 572.00 S1.959.10 B.P. Riser [nstalation 60.0 feet 0.0 (eel S 15.40 $924.00 SO.OO 6" Pro Tops 4.0 each 4.0 each $ 165.00 S 660.00 S 660.00 5. Groa..h.ater SampliAg (2 evetlh) S810.00 S990.00 Environmental Technician 12.0 hour 16.0 hour $45.00 S 540.00 $720.00 Sampling Equipment Rental 2.0 day 2.0 day S25.00 $ 50.00 $50.00 Samplin~ Supplies 8.0 each 8.0 each $ 15.00 S 120.00 S 120.00 Dedicated Bailers 4.0 each 4.0 each $15.00 SlOO.OO S 100.00 6. Chemical Aualysis S9.~8L50 $9.086.00 PAH's (soil) 10.0 each 11.0 each $100.00 $2.000.00 S 2.200.00 VOCs (soil) 10.0 each 0.0 each Sl60.00 S 1.600.00 SO.OO BETX (soil) 0.0 each 7.0 each S68.00 SO.OO 'i476.00 Total Cyanide (soil) 10.0 each 6.0 each S40.00 'i400.00 S 240.00 Metals (As. Cd. Cu. Pb lie. Hg. soil) 10.0 each 6.0 each $123.00 Sl.230.00 $7 38.00 Metals (Se. Ba. Cr. Ag soil) 0.0 each 6.0 each $ 88.00 SO.OO 'i 528.00 Total Phenols (soil) 0.0 each 6.0 each $40.00 SO.OO 'i240.00 PAH's (water) 8.0 each 8.0 each 'i180.00 'i 1.440.00 'i 1.440.00 VQCs (waler) 4.0 each 8.0 each Sl50.00 HOO .00 'i 1.200.00 Metals (As. Cd. Cu. Pb lie. Hg. water) 6.0 each 8.0 each 'i85.00 'i510.00 H80,00 Metals (Se. Ba. Cr. Ag water) 0.0 each 8.0 each S 58.00 SO.OO 'i464.00 Total Cyanide (water) 6.0 each 8.0 each HO.OO $240.00 S 320.00 Total Phenols (water) 0.0 each 8.0 each HO.OO SO.OO 'i 320.00 Case Soil Jus 0.0 each 6.0 each $40.00 SO.OO 'i 240.00 I 7. Geophysical Sarvey 'i 1.500.00 SI.I23.63 EM -1500 Survey 1.0 each 0.0 each S 1.500.00 \1.500.00 'i0.00 EM -1500 Survey (Actual Price) 0.0 each 1.0 cach 'i1.l23.63 50.00 51.123.63 8. Project Managemetlt a: Reportitlg 53.51000 $4.HO.OO Project Mana~er 18.0 hour 26.0 hour 580.00 \1.440.00 'i 2.080.00 Senior Review/Hydrologist 2.0 hour 4.0 hour 595.00 5190.00 'i380.00 I SU{{ Pro(essional 30.0 hour 30.0 hour 'i55.00 \1.650.00 51.650.00 I D ra {ting 4.0 hour 4.0 hour HO.OO Sl60.00 Sl60.00 I Clerical 2.0 hour 2.0 hour 'i35.00 S 70.00 S 70.00 9. Asbestos Sarvey $75.001 'i 1.1 2810 S1.I28.10 Project Manager 1.0 hour 1.0 hour $75.00 $75.00 Environmental Technician 4.0 hour 4.0 hour H5.00 SlIIO.OO Sl80.00 Milage 36.0 miles 36.0 hour 50.35 Sl2.60 S 12.60 Asbestos Roo{ Cut Samples 6.0 each 6.0 each S 65.00 5390.00 S 390.00 Asbestos Bulk Sample 4.0 each 4.0 each no.oo 'i80.00 S80.00 Reproduction/Photographs 1.0 each 1.0 each 'i30.00 'i30.00 $30.00 Dra{ting 1.0 hour 1.0 hour HO .00 $40.00 $40.00 Cle rica I 0.5 hour 0.5 hour 'i35.00 Sl7.50 'i 17.50 Roofing Contractor Cost 1.0 each 1.0 each 'i 138.00 'i 138.00 'i 138.00 Stafr Professional 3.0 hour 3.0 hour 'i55.00 Sl65.00 Sl65.00 TOTAL $25,923.60 $32,185.63 Change Order Amount $6,262.03 ATEC Associates, Inc. TABLE 1 COST ESTIMAlE WORKSHEET City of Stillwater Phase II Assesmcnt UBC Lumber Yard Property 15-Sep-93 e L Task: Units Unit Cost Estimate Category , e L Site Safety Plan $45.00 Environmental Technician l.0 hour S45.00 $45.00 2. MoblDemobilization S563.00 Drill Rig & Crew l.0 each $275.00 $275.00 Environmental Technician 5.0 hour S45.00 $225 .00 Mileage 180.0 miles S035 $63.00 3. Soil Borings S6,400.00 Drilling & Sampling (rotary) 100.0 feet S20.90 $2,090.00 Drilling & Sampling (auger) 150.0 feet $ 12.00 S 1,800.00 Decontamination 3.0 hour SllO.00 S330.00 Gr~ut Borings 150.0 feet $4.40 $660.00 Project Control/Drilling Logs l.0 each $110.00 $110.00 Equipment Rental (PID) LO day S75.00 $ 150.00 Environmental Tecillllcian 28.0 hour $45.00 $1.260.00 4. Monitoring Wells $2.486.00 Permits 4.0 each $8250 S330.00 PVC Screen Installation 40.0 feet $1430 $572.00 B.P. Riser Instalation 60.0 feet $15.40 $924.00 6" Pro Tops 4.0 each $165.00 1660.00 5. Gronndwater Sampling (2 events) $810.00 Environmental Tecillllcian 12.0 hour $45.00 $540.00 Sampling Equipment Rental 2.0 day $25.00 $50.00 Sampling Supplies 8.0 each $15.00 S120.00 Dedicated Bailers 4.0 each $25 .00 SIOO.OO 6. Chemical Analysis 19,48LSO PAR's (soil) 10.0 each $26250 $2.625 .00 VOCs (soil) 10.0 each SI68.00 11.680.00 Total Cyanide (soil) 10.0 each $47.25 $47250 Metals (As, Cd, Cu, Pb & Hg. soil) 10.0 each $ 120.75 $ 1.20750 PAH's (water) 8.0 each $236.25 $1.890.00 VOCs (water) 4.0 each $15750 $630.00 Metals (As, Cd, Cu, Pb & Hg, water) 6.0 each $120.75 $72450 Total Cyanide (water) 6.0 each $42.00 $252.00 7. Geophysical Survey $1,500.00 EM -1500 Survey l.0 each $ 1,500.00 $1,500.00 8. Project Management & Reporting S3,510.00 Project Manager 18.0 hour S80.00 $ 1,440.00 Senior ReviewlHydrologist 2.0 hour $95.00 SI90.00 Staff Professiona I 30.0 hour S55.00 S 1,650.00 Drafting 4.0 hour $40.00 SI60.00 Clerical 2.0 hour $35.00 $70.00 TOTAL $24,795.50 TADLEl COST ESTIMATE WORKSHEET UBC, Stillwater, MN Asbestos Survey e Prcpared fiy: Mark: S. Mason ATEC St. Paul, MN 55108 Work Item Units 10 -Nov-9.\ Cost Subtotal Estimate # 1 Mobilizc/DemobilizclPcrDicm Environmental Technician Milage #2 Sitc Evaluation Environmental Technician #3 Laboratory Analyses Asbestos (Bulk) Asbestos (Roof Cut Bulk Samples) Asbestos Roof Cut (Sub Cost) #4 Projcct Management & Report Project Manager Staff Professional Drafting Clerical Rerroduct ionJPbo tographs I e 1.0 hour 40.0 miles 3.0 hour 4.0 each 6.0 each \.0 each \.0 hour 3.0 hour \.0 hour 0.5 hour 1.0 each TOTAL $59.00 $45.00 $0.35 $45.00 $14.00 $l~5.00 $45.00 $ D5 00 $10.00 $65.00 $\38.00 $8000 I B9000 $ 11800 $608.00 I i i ! $"\26.00 $75.00 $7500 i $5500 S 16500! $40.00 S4000 ! ~j S32.00 H600 i I $30Q~ ____S~'_0_QQ1__ 1_!~!?_?.:9_0 ~ e e e , MEMORANDUM TO: Mayor and City Council r...? Ann Pung- Terwedo, Planner \:S FR: DA: March 9, 1994 RE: BENCHES AND TRASH RECEPTACLES FOR PUBLIC PARKING LOT Background: As part of planning for the public parking lot across from the Historic Courthouse/CUB Foods office building, benches and trash receptacles were included as part of the landscape plan. We did not include them as part of the plans and specifications for the project because the unit price for these items increased dramatically. As with the benches and trash receptacles purchased as part of the downtown construction project, the city can order these items directly from the distributor at a considerable savings. There is only one company in Minnesota that carries the Timber Farm Products. The Design Review Committee approved these items along with the landscape plan for the project. I've checked with other cities that have these benches. St. Paul (Mears Park) recently installed these benches and they seem very sturdy and vandal proof. Recommendation: Approval to purchase six benches and two trash receptacles (as quoted) at a cost of$6,433. This is TIF eligible. PARK & PLAZA I PRODUCTS \ INCORPORATED I I 612.653.0556 800.262.0666 FAX 612.653.0598 P.O. BOX 10637 WHITE BEAR LAKE MINNESOTA 55110 , _ 1 QUOTATION To: City of Stillwater ATTN: Ms. Ann Terwedo 216 N. Fourth Street Stillwater. MN 55082 Date: November 3, 1993 Project: Court House parking area Contact: Ann Telephone: 439-6121 e We are pleased to submit this quotation for Site Compliments as manufactured by TimberForm. Quantity Description . 4 2802-8 -- Renaissance (backless) Seat with armrests, 8' long, Caspax-7 coated in a ColorBook color ' 2 2806-6 -- Renaissance Bench with armrests, 6' long, Caspax-7 coated in a ColorBook color 2 2811-FT -- Renaissance Litter Container with a Flat Top, 23 gal. capacity liner, Caspax-7 coated in a C%rBook color Price Extension 712.50 2.850.00 812.50 1,625.00 482.50 965.00 e Sub Total Sales Tax Freight TOTAL 5,440.00 353.60 640.00 $6,433.60 . This quotation is in effect until: December 3, 1993 . The prices above are FOB: Portland, OR . Shipment can be made in: 45 to 60 days after approvals . Terms: Net 30 days from ship date · Any purchase orders should be made out to: Park & Plaza Products, Inc. Yours very truly, PARK & PLAZA PRODUCTS. INC. ~~~~ _I 2807 -8 Bench with Intermediate Armrest "... .~""i '. ~...;:; :;~.'3.~~:';; :.' .'X~~~~!i " I 2802-6 Seat with Armrests All-steel benches, seats, matching litter containers, ash receptacle and planter in the Renaissance series provide unmatched utility in the most demanding public settings indoors or out. This series presents a rich looking and hard working design family capable of coping with intense daily usage in urban streetscapes or busy shopping mall settings. Thick powder coating on carefully fully welded components create end products with a much longer useful life than other similar appearing but tack welded and painted goods. , . . TimberFonn Renaissance . Quick Facts ~t1 .~1J~,.. ~:-u -J;~ ~-'::~~ Material: Options: Steel. Coating color and mounting method. Stocked uncoated. Eight standard TimberForm colors and over 170 special designer colors available. Unassembled. Movable or permanent surface mount and wall- mount. Permanent and wall mounting requires appropriate anchor bolts (by others). Colors: Shipped: ~ Mounting: . - i ~ IU/- "e'.2- . ----. (.., , I ;-- , I C(>I-- f. l I b' V t~.~tcf,I\',l ,- 2802, 2806, 2807 and 2811-DT I , -~-----...-----..... 2806-6 Bench with Armrests .,.~-.."'.... '.'" l'"~"~~r.~~<~.I~r-...;"':--""_'" .~.. - _...--=---. .... --.--...--........, ---... ~............... "<" \: ! e 'e e MEMORANDUM TO: Mayor and City Council v FR: Steve Russell, Community Development Director DA: March 10, 1994 RE: REQUEST TO USE CITY OWNED LAND FOR PARK AND RIDE PARKING LOT The City of Stillwater is participating with the School District, MnDOT, Washington County and Oak Park Heights in the preparation of an application for funds to reconstruct the overpass at County Road 5 and Highway 36. As a part of application development, MnDOT staff feel that the application, based on the review criteria, would be stronger if a park and ride lot was provided. The city owns land located between West Orleans and Curve Crest Blvd. (see map). The site is earmarked for a future community facility. The request is to use the vacant lot for a temporary park and ride facility. The lot would be paid for by the state and not restrict the'city's eventual use of the land for a community facility. It may be possible that the parking lot improvement could be used as part of eventual use of the site. Recommendation: Approval of use of vacant community facility site for public park and ride lot subject to the lot's use by the city and availability of the lot for improvement as a community fac.ility. e ~ ~ ~''''1lI! .e ". ~ft tv~ . (..A'1 ~-r OUT1.oT . 7030 AC. ! * " i . \ 1 .-- ~ ~ ~: ~ g I roo, -" - .- .- - - - .- . .. ITAn MW"f. 110. . ..:- =- .,....... ~ ~ ~ ~ ft.~'.2~ ~ . 1 t.F'7~,l f.~~.I!!;-r.4 ~ ~ e _.CIIU" totALa "'I ,.,. .". _'" ...".,. .".r. .......,. ...".t, "''''f' .........,._-- --......... -..".... '"~ ..~ 0_ ..- 'u_ ,n_ ..- ..- ... 0.- 0-- _eUllIMNa AND l''''UUMO tOr.LS ............--. ..,.......- ._r._ -....n ........- --"'". ......'- ---,I. _ft.... ..-...... .c..___ ........--- :t~~=:.,::=:tW' ,- :'j::-=.~.=-..-:'==:-:.. ,- _......__ytOu. DIN'"'' :::1:"""'" . _"e _'" "".r. ..."'., , -- .....-... .. ............. _.....If.... -.---- ..... .'''1_ I .. ...__ .. ff~lf~; ~ft 1~~ ~ ::~ :::::,,, ::;:::: :~::- ,:::: ::~ ..... t a" .,..aelu.....l"" "10"'1_" _PARKING LOT '-' LAND.CAPrD I I....I':."::"-':-!:::= ~ ___,.__", "UAe. ...6&:"", .......~ _IHIIT INOtJC -".... _II'.' .ctt... . -,.... _tl,., -...... _II'.' _n.... ___n __ .--,..- ...... ...1........ '--"" ....n -....-...... --"..run",.. __"t,_...",.. -.........- - -~ I . , 1,....'111 _ ,N , on ;;)' .............. NOT FOR cONsmucnoN ~ ~ f~:'7~,-,: ~ l'ln JI H Ii I I I ;I i lJ '. W Ii! I" !Ii ., I] ffiD I- W C-' ex: <t l- e '" =ru ;~ "c ~t- OJ .. ",z .... z" 2'" :;: "'- "'OJ '" m r:;}' iJJ~: J!IPl!'" '" ~ SENT BY: XEROX Telecopier 7017: 3-10-94 ; 15:09 , . 6127772 835'" 6124390456:Jt 2 n . ~~P) Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 March 10, 1994 Mr. steve Russell Community Development Director City of Stillwater 216 North Fourth street Stillwater, MN 55082 Dear steve: As you know Mn/DOT has been preparing an application to request regional funding through the Met Council for the TH 51TH 36 interchange proj ect. The type of funding we are requesting requires that we compete against the other agencies (cities and counties) who have needs on roads of the same functional classification. -e The TH 51TH 36 interchange project seems to be competing quite well in most areas. However, a significant number of points is possible if we can show how this project will integrate alternate modes of travel to encourage a modal shift. In order to do that we need to provide a location for people to park their cars so that they can either take the bus or pick up riders in a carpool. At a previous inter-agency meeting to discuss this proj ect you mentioned the land that the city owns in the NE quadrant of the TH 51TH 36 interchange area. My understanding is that this land is being reserved for a future Community Center development. As you suggested, we agree this could be an excellent site to develop a temporary Park and Ride Lot to encourage the use of busses and carpools. We have investigated this possibility with the MTC and they are interested since their busses use CSAH 5. By way of this letter Mn/DOT is formally requesting that the City of Stillwater allow a temporary use of the city property for a Park and Ride Lot. Since our application is due at the met Council on April 1st. We need the cities decision on this by March 25th so that we can include it in the application. Thank you for pointing out this opportunity. It is a good example of cooperatively serving the public interest. e Sincerely, fr!~~ Mark D. Benson Preliminary Design Engineer e e e MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director fL ~ FR: DA: March 10, 1994 RE: CONSULTANT ASSISTANCE FOR COMPREHENSIVE PLAN The Stillwater Comprehensive Plan update process is well underway. The problem Identification/Goals and Action Phase is completed and Alternative Plan Preparation, Phase II is underway. To assist with preparing the Phase II Alternative Plans and Final Plan, it is recommended that the city obtain consultant assistance to review the work completed by city staff and to assist in working with the Met Council on their review. The use of the consultant will depend on the need for services. A maximum cost of$3,000 is stipulated in the letter contract service. The cost of the service is in the Comprehensive Plan planning department budget. Recommendation: Approval of service contract (resolution). Attachment: Letter of Agreement , ',. RllK SSOCIATES LTD. 922 Mainstreet Hopkins, Mn. 55343 (612) 933-0972 fax: (612) 933-1153 January 26, 1994 Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN. 55082-4898 RE: Contract For Consulting Services To Assist In Updating The City's Comprehensive Plan Dear Mr. Russell: RLK Associates is pleased to submit this contract to provide the City of Stillwater with consulting services to complete its Comprehensive Plan Update. RLK Associates is committed to providing timely and service-oriented consulting services d~igned to meet the individual needs of the City of Stillwater. We are pleased that you have selected RLK Associates to assist in the update of the City's Comprehensive Plan. SCOPE OF SERVICES e RLK Associates understands that the City of Stillwater is currently updating its comprehensive plan. It is our understanding that the City's general purpose for updating its plan is fourfold: 1. To revisit the goals, policies and general land uses of its current comprehensive plan; 2. To create a framework for orderly and cost efficient urban development; 3. To provide a sound policy and technical basis for requesting a Metropolitan Urban Service Area expansion; and, 4. To provide a sound policy and technical basis for annexing parts of Stillwater Township. It is our understanding that the City would like RLK Associates to serve in' a consulting role throughout the City's planning process. Our primary duties will be to assist in: 1. Developing strategies for preparing and processing the comprehensive plan update. This will include, in conjunction with City staff, identifying necessary elements that need to be part of the City's plan, defining critical review points in the planning process, and defining the necessary actions steps to be taken by the various players. 2. Coordinating the Metropolitan Council's review of the plan update. This will include reviewing the plan update as its being drafted by City staff; assist in preparing submittal documents; in conjunction with City staff, meeting with Council policy makers and staff; and developing a strategy for the plan submittal and review by the Metropolitan Council. ie 3. Assisting City staff in preparing a strategy to successfully complete the annexation process for land currently part of Stillwater Township. . Civil Engineering . Transportation . Infrastructure Redevelopment . Landscape Architecture . Construction Management l' Steve Russell January 26, 1994 Page 2 e COMPENSATION RLK Associates will complete the above tasks at the direction of City staff. The City will be invoiced on an hourly basis for services rendered. Our public sector hourly rate for principal planners is $50. RLK Associates will attend regularly scheduled meetings of the City Council, Planning Commission and other City advisory bodies for a not-to-exceed amount of $50 per meeting. This contract is for a not-to- exceed amount of $3,000. RLK Associates will notify the City when this amount has been reached. WORK PRODUCTS It is not anticipated that RLK Associates will be responsible for producing specific work products as part of this contract. This matter, however, may be further defined as we progress through the planning process. We submit this contract for consulting services out of our commitment to providing the City of Stillwater with the most effective, cost efficient, and timely planning services. We look forward to being of service to you, and to th.e City of Stillwater. Sincerely, e RLK ASSOCIATES, LTD. ~!ft~ ~~~ John Dietrich CONDITIONS ACCEPTED BY THE CITY OF STILLWATER Signature Title Date e . ~ e e "'SaJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612490.2000 800325.2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION March 15, 1994 RE: STILLWATER, MINNESOTA MYRTLE STREET RAVINE L.I. 284 SEH FILE NO. STILL3034 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Attention: Klayton Eckles: On Monday March 15,1994, three bids were received for the Myrtle Street Ravine Improvements in Stillwater. These improvements include the excavation of the drainage basin south of Myrtle Street and the extension of new storm sewer pipe to Myrtle Street and east along Myrtle Street to Fifth Street. A summary of the bids is as follows: 1. 2. 3. Lametti & Sons Barbarossa & Sons EJM Pipe Services $233,396.00 262,395.55 273,344.70 $186,207,00 Estimate The low bid was submitted by Lametti and Sons of Hugo, Minnesota. We have had experience with this company believe they have the experience and financial ability to complete a project of this size. Substantial completion is set for April 25, 1994 and final completion by June 13, 1994. The low bid is $47,189.00 over the engineer's estimate. We have reviewed the bid tabulation and find that the majority of the overrun is in the amount bid for the pipe work, the tunneling of the 36" storm sewer main on Myrtle Street ($36,790), and the open cut pipe work from the ravine to Mrytle Street ($4,632). Clearing and grubbing of the trees in the pond area is $5,400 over the estimate. In the Feasibility Report, the estimated Project cost was $245,000 of which it was estimated that 50% would be eligible for State Aid SHORT ELLIOTT HENDRICKSON INC. CHIPPEWA FALLS, WI MADISON, WI MINNEAPOLIS, MN ST. CLOUD, MN . e I- Honorable Mayor and City Council Stillwater, Minnesota Page No. 2 Funds ($122,500), with the balance of $122,500 to be assessed. The actual participation eligible from State Aid is 55%. Using the low bid of $233,396 and adding in 25% for project costs such as Engineering, Legal and Administrative fees, the estimated project cost would be $291,750. Using 55% State Aid funding ($160,460), the amount to be assessed will be $131,290, an increase of $8,790 over the estimated amount in the feasibility study. The area of assessment is 37.83 acres. If the increase is all included in the amount to be assessed, the revised rate would be $3,470.53 per acre an increase of $232.36. The typical residential lot in the project area is approximately 0.3 to 0.4 acres. The typical lot would see an increase of $69.70 to $92.94 in assessments. Since bids came in above the engineers estimate, we would recommend that the Council delay award of this project until the next council meeting. This will allow time for staff to consider alternates to the tunneling method which may require rebidding. Sincerely, 1:tI-f}- Barry C. Peters, P.E, BCP:bcp Enclosure e 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 612490.2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTA nON March 15, 1994 RE: STILLWATER, MINNESOTA MARKET PLACE LIFT STATION L,I. 301 SEH FILE NO. STILL9403 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Attention Klayton Eckles: On Monday March 15,1994, four bids were received for the Market Place Lift Station Improvements in the city of Stillwater. The project involves the furnishing and delivery of the lift station equipment which will be installed under a separate project. A summary of the bids is as follows: Engineers Estimate $ 53,650.00 56,510.00 62,999.00 115,500.00 $ 73,000,00 1. 2. 3. 4. USEMCO, Inc. Dakota Pump Inc. Smith & Loveless, Inc. New Mech Companies, Inc. The low bid was submitted by USEMCO, Inc. of Tomah, Wisconsin. They manufacture the prefab lift station unit and will provide Fairbanks Moris pumps, a reputable brand. We have experience with this company and equipment they are supplying. We believe that USEMCO has the experience and financial ability to complete a project of this size. The lift station equipment is to be delivered to the site on or before July 18, 1994. We would recommend that the supply and delivery of the lift station equipment for the Market Place Improvements be awarded to USEMCO, Inc" in the amounts of $ 53,650.00. We will be available to discuss this with the Council at the March 15, 1994 meeting. e sn:c' ~ 1- Barry C. Peters, P.E. SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI e - , Ie I> .. LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO, 94-69 A T & T Ace Hardware American National Bank American Linen Supply Ameridata Becthold, Reed Biff's Capitol Communications Cargill Salt Cartlidge, Thora Copy Duplicating Products Digital Resource Training Center Dorsey & Whitney Fred's Tire G & K Services Global Computer Supplies Gordon Iron & Metal Graphic Communications Int'l Conference of Bldg Officials Johnson, Ronald Junker Recycling Kriesel, Nile Lakeview Memorial Hospital League of MN Cities League of MN Cities Liddy, Charles Jr Magnuson, David Manillo, John Metropolitan Waste Control Com Miller Excavating MN Animal Control Association Minnesota's Bookstore MN Cellular One MN County Attoutney's Assoc MN Pollution Control Agency Motorola National Fire Protection Assoc Ness, George Northwestern Tire Outcelt, Todd & Connie Reichow, David Rigs & Squads Rose Floral Russell, Steve St Croix Car Wash St Croix Office Supplies Schwantes Sentry Systems Shiely Short-Elliot-Hendrickson Equipment/Lease/Maintenance Supplies Paying Agent Fees Towel Service Computer Equipment-Admin Haul Sand & Salt Portable Toilet Rental/Service Battery/Cellular Phone Repair Salt Prison Reuse Study Preventative Maintenance AutoCAD Computer Traing Legal Services-Bond Series 1994A Tire Tube Uniforms/Rugs/Mops Cables-Computer Equipment Iron Business Cards-Ness Field Inspection Manual Meals-Leadership III Class Feb 1994 Recycling Lunch Meetings Blood Draw~Ella Taylr Deductible-Murphy Worker's Comp-Quarterly Payment Prison Reuse Study Legal Services Prison Reuse Study Sewer Service Sewer Line Repair/Haul Salt 1994 Spring Conference-Jacobson Criminal/Traffic Code Books Mobile Phone Code Books Emission Tests Relocate Radio-Engineers Office Subscription NFPA Manual Updates Meals/Gas/Room-Leadership III Tire Work on Dump Trucks Settlement Meals-Leadership III Yellow Chalk Flowers-Seggelke Lunch-Corp Engineers/Met Council Car Wash Office Supplies Repair Furnace at Garage Monitoring Svc/Svc Call Sand Engineering Services 286,77 20,52 2,345,92 27,70 6,145,90 227,50 126,52 145,15 962,95 1,000,00 186,37 790,00 3,000,00 14,50 783,07 72,05 92,66 31. 95 21. 95 29,15 10,260,00 258,92 40,00 500,00 25,680,00 1,000,00 5,461. 66 1,000.00 67,899,00 820.44 75.00 134.69 10,92 25.96 104.00 130,00 351,00 181. 21 936,25 1,000,00 25,44 28,76 45,35 24.48 45.34 2,223,85 247.88 104,00 198.49 51,285,08 e e e .. Shorty's Cleaners Snyder Drug Star Tribune Stillwater Gazette Thompson Hardware Treadway Graphics Uniforms Unlimited Valley Auto Warning lites Washington County Treasurer Wybrite Yocum Ziegler Laundry Film Ad-Sewer Maintenance Position Publications Keys/Mailbox/Broom DARE Supplies Chief's Badge/Collar Pins Automotive Repair Parts Barricades-Parking Lot/3rd St Waste Management Fees Computer Maintenance Agreement Fuel Oil Equipment Repair Parts 38,66 23,41 229,50 273,09 38,41 105,83 83,60 923,06 65,60 600.00 241. 00 159,94 186,55 e e ,~ LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO, 94-69 A T & T Ace Hardware American National Bank American Linen Supply Ameridata Becthold, Reed Biff's Capitol Communications Cargill Salt Cartlidge, Thora Copy Duplicating Products Digital Resource Training Center Dorsey & Whitney Fred's Tire G & K Services Global Computer Supplies Gordon Iron & Metal Graphic Communications Int'l Conference of Bldg Officials Johnson, Ronald Junker Recycling Kriesel, Nile Lakeview Memorial Hospital League of MN Cities League of MN Cities Liddy, Charles Jr Magnuson, David Manillo, John Me:tropolitan Waste Control Com Miller Excavating MN Animal Control Association Minnesota's Bookstore MN Cellular One MN County Attorney's Assoc MN Pollution Control Agency Motorola National Fire Protection Assoc Ness, George Northwestern Tire Outcelt, Todd & Connie Reichow, David Rigs & Squads Rose Floral Russell, Steve St Croix Car Wash St Croix Office Supplies Schwantes Sentry Systems Shiely Short- Elliot-Hendrickson Shorty's Cleaners Eq uipment/Lease/Maintenance Supplies Paying Agent Fees Towel Service Computer Equipment-Admin Haul Sand & Salt Portable Toilet Rental/Service Battery /Cellular Phone Repair Salt Prison Reuse Study Preventative Maintenance AutoCAD Computer Traing Legal Services-Bond Series 1994 Tire Tu be Uniforms/Rugs/Mops Cables-Computer Equipment Iron Business Cards-Ness Field Inspection Manual Meals- Leadership III Class Feb 1994 Recycling Lunch Meetings Blood Draw-Ella Taylr Deductible-Murphy Worker's Comp-Quarterly Paymen Prison Reuse Study Legal Services Prison Reuse Study Sewer Service Sewer Line Repair/Haul Salt 1994 Spring Conference-Jacob so Criminal/Traffic Code Books Mobile Phone Code Books Emission Tests Relocate Radio- Engineers Office Subscription NFPA Manual Updat Meals/Gas/Room- Leadership III Tire Work on Dump Trucks Settlement Meals- Leadership III Yellow Chalk Flowers-Seggelke Lunch-Corp Engineers/Met Coun Car Wash Office Supplies Repair Furnace at Garage Monitoring Svc/Svc Call Sand Engineering Services Laundry 286.77 20,52 2,345,92 27,70 6,145,90 227,50 126,52 145,15 962,95 1,000,00 186,37 790,00 3,000,00 14,50 783,07 72,05 92,66 31.95 21.95 29,15 10,260,00 258.92 40,00 500,00 25,680,00 1,000,00 5,461.66 1,000,00 67,899,00 820,44 75,00 134,69 10,92 25,96 104,00 130,00 351.00 181.21 936,25 1,000,00 25,44 28,76 45,35 24,48 45,34 2,223,85 247,88 104.00 198,49 51,285.08 38,66 e e ~ Snyder Drug Star Tribune Stillwater Gazette Thompson Hardware Treadway Graphics Uniforms Unlimited Valley Auto Warning lites Washington County Treasurer Wybrite Yocum Ziegler MANUAL CHECKS-FEBRUARY Blue Cross/Blue Shield Government Training Service Junker Sanitation State of Board of Electricity U S Postmaster U S Postmaster ADDENDUM TO THE BILLS AT&T Board of Water Commisioners Capitol Communications Coordinated Business Systems Courier DAC Industries Egghead Software Erickson Post Frankies Towing Gagnon Printing Company Glaser, Stuart Global Computer Supplies League of MN Cities Legislative Associates Litho Technical Services McGladrey & Pullen Metro Fire Minn Comm MN Cellular One MN Public Empl Labor Relations Northwestern Tire & Battery Northern States Power One Hour Express Foto Radio Shack St Croix Animal Shelter St Paul Pioneer Press Sensible Land Use Coalition Stillwater Gazette Stillwater Motors Film Ad-Sewer Maintenance Position Publications Keys/Mailbox/Broom DARE Supplies Chief's Badge/Collar Pins Automotive Repair Parts Barricades- Parking Lot/3rd St Waste Management Fees Computer Maintenance Agreement Fuel Oil Equipment Repair Parts February Payment Annual Conference-Weldon February Payment Electric Permits Postage- Meter Postage-Newsletter Long Distance Sewer Line Repair Belt Clip-Portable Radio Maintenance-Copier Ad-Trash Collection Rules & Reg Stix Bowel Cleaner Wordperfect 6.0/Mouse Gas/Diesel/Gasoline Tax Tow Squad Business Cards-Zepper /Eckles Mileage Cable/Switchbox 1994 Workshop-Police Consultant Services Envelopes/Posters 1993 Audit Boots Pager Mobile Phone AssnRenewal Dues Alignment/Tires Gas/Electric Film Processing Micro Cassette Recorder February Boarding Fees Ad-Sewer Maint Position Mtg-Terwedo/Russell Ad-Sewer Maint Position Auto Parts 23.41 229,50 273,09 38,41 105,83 83,60 923,06 65,60 600,00 241. 00 159,94 186,55 4,069,02 130,00 86,000.00 50,00 1,000,00 700.00 41. 77 105.49 3,00 135.30 447,50 142,95 191.68 5,118,35 47,93 53,16 31.00 58,03 75,00 2,866,90 788,11 1,200.00 196,45 13.54 21.84 150,00 189,99 5,455,34 16,69 106,49 394,13 122,59 50,00 54,00 19,28 e e .. .. Thompson Hardware Tower Asphalt U S West Uniforms Unlimited Viers, Larry Wardell, Leslie Washington County Treasurer Staple Gun/Staples App #2-Jr High Parking Lot Telephone Uniforms Soap/Dispensers Mise Uniform Items 1994 Tax Rolls 25,98 109,466,46 1,404,83 211.90 38,45 157,96 217,26 TOTAL: $410,945,37 Adopted by the City Council this 15th day of March, 1994, APPROVED FOR PAYMENT ------------ ------------ e e e Memo To: Mayor and City Council From: Ann Pung- Terwedo RE: Annual Heritage Preservation Conferrece, Red Wing, April 16,1994 The Annual Heritage Preservation Commision workshop will be held in Red Wing on April 16, 1994, Jeff Johnson, Pat Qualey, Jay Michels, Brent Peterson, Roger Tompten, and myself would like to attend, The cost is $20,00 per person Recommendation: Approval for six Heritage Preservation Commision members to attend the Annual History Conference, Total Cost: $120,00 . -.'- i't~I::~:Wt., ' ., LG~4 c. ,~.. (7I2ll1VI) , . FOR BOARD USE ONLY BASE # pp# FEE CHECK INITIALS DATE e Minnesota Lawful Gambling' " " Premises Permit, Application - Part 1 of 2 '.',/ . .,' " . . ... .;;lllflj:!:I::li:li:ilil:::il:I:li:ill!l~f':ft1~J;]~filltlllili!:)lfJ~il~ji;]I(!ll::i:~)I)1 Renewal . Organization base license number 00259 . Class of premises permit " ~: (check one) '.' 0 A ($400) Pull.tabs, tipboards, paddlewheels, raines, bingo ',,' ,s" ,"{' .l..;~.,. . . ....,,'J> ::~t~"'-< '00 B ($250) Pull-Iabs,lipboards, paddlewheels, raffle(;:,;i:~:,:F.:Y'~'~~;:" o C ($200) Bingo only : :..:;:ti.:';':f<f";~~<.':f/'(; O' 0($150) Raffles only';:::;:~;i:tt~t. .' .r_' Premises permit number New -.:,,' Irm~n~f.iIt.p!.1filf(qi;i.lJ.gl.lgn!ii!!~!!i~!i!i~!!!!~!~!!;!!~iii!i!!t?~ijt~i~~l~i$.~t!f!f~!!::~:.~' .:. ..;..,:^.;. Ji!~f~~ltf.~i~~;~ii!!t*i~!.~i!~f!iiiii.J[t~!!~wifii!!!ii!ji!ii~Ji!~i1~!fl1;: Name ~f ,Organization., ,;".,' .>.~.(",.,~..:;,',,!:<.~.,\,~,.,:'::..,:'.:~.':.(' . '. ;'/'; . ~. : ;:: Y:' "; '~.J;"~'.1 ~;~'...f'" : . ",.' Ea les 9 '" :,. '. " . 'r: ;i""~~"l'?'~h'ri....~~l'f~!.'" ::...:; .: ,:'.,;\~~~i~:~~;~~r.ess,:~' 9':g~~i~ti~n ~ Street ,orp., 9:.~x J~. n.~.~,.~s~.~~ ~e,s,~.,~!'Y~l;'';},gambling manager) 't.\!~~ \:'))',.,,.,,,, r::3~5~~''':'60th-l"Stf'eetNorth ;,'..:~:; .\.r'~!'i.r,\",,:';.;.kk:>O*~'~~'f.;.'" : . '~',"I>' /':~\:"":""":"~"""";";"" ,",' .;,,,:;....,. '. s.,~:'~;";:. ' . ,...~~. . ,&\i::i',:J'i'. ,,:...~ltY':"JTh;:;:";';;>i:";';'';''''''';''; .' Slale, ,,:..:<-;;:ZIP ~,";ik;'''~: .County , '.f ,::,Da~~.pb~!n~~~.&;f.t":lr""i" "k.0'.'~:',,;'::'<St\i~r.1\;;at,er'~;'>"> MN' ",'<,.' " 5 50'S2'>:"'Was hin gt on '~~.(6jr.q:.:.:/!'iP30=20'lt8~,~~:'i:;::: ..:i ...;;r.:~', Name C), 'chief.ex~Uve officer (cannot be your gambling manager) L:.. ',.'.;: '. :~. :Tt~~,.i..,.' ,:;.: Daytime:: phone nU~b~rl~~~~<':., ',. '-;, 'A>i~i:';;7)I;,~H'i';.3tj:3JI1t>::}fe'n'tY";Ma t'da'u s ' :'/;:.';':;'.":Pre~b1t:ave nt ,~'" "<' i~) 1./ 33 ....:~.2~~~:;./\:!' '};~f.i~l{i:;btgo~O~c~loDs,' . . " '::'.,~ .;~ , . .,.<~.:..::~. ,': . . ,. :,' : );""X~l~~r.:},t .;;~~:i~):'G:if.~pp~g:f9ra chlssA or C permit. fill in days'andbeg~& ending hours ofbmg~occasions: ,., :~\~~~,V;;:~';,i;"ik. '::,(';!~~~;';;-""~~9 w-ore'than seven bingo occasions may be c9nducted by your oreanlzatton per week.' ;--p :.:,f~\' ,;(':;'0{:;t~:t'Par::.~;:;;;~~~g/Ending Hours Day. Begtnnlng/Ending Hours Day Begtnnlng lEnding H~~",t(;~:'},;~f:~!t;t .',V~:t(~;,t.;.;..:.; ) '..:,>:'; ''"'. '. to to to ,;" r~~~:l;~~l;i:i:?::: to to to' t\'.fr/(:: ',V:>> '~'< "',<' "'. '/'_ ..,1:,:'" , .,;.. to Ublngo will not be conducted. check here [D .', . ,-I.. Slale t1N CJ YES NO Zip Code 55082 13523. i.".' I- I :' I. ;'';'' ' Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 :Gdfftbiirl!1:Btirt~:1ABebuftt:::rttld<i4ffd:ti6ii):::~:\\:::::~r:::[):::~::::~[:;:l@\:::::\~::::::!:)i;:~:::\):j(:::[:j;:::::::::::::::j:::::~::::::::;::::::::~::!::i::;'!:(:::::::\i,:::\::::::::i\:::ill::::\:;~::\tj::\:::::::~l,:\r[:):\:::\f:::::~~;:@:j:j:\:)::::[:;i:')\:\::::: , , Bank Na~e' .,..., , Bank Accounl Number tit Nor~est Bank . Bank Address City State ZIp Code 2000 Northwestern Ave. Stillwater MN 55082 Ray Loida ' 311 Stillwater Ave.W., Stillwater Member' ~ } -, '\-:" , , . ,", Lloy~ Potter 1904 W. Pine St., ptillwater Trustee Ken.Birch Vice Pres " j 7?5 I-Ia I-e.. fltJ~N.6aK cJale., ffln er . .-ci;;.blli1:.g...siteAu.tborlzatlon............. .. .1 am the chief executive officer of the organization; ,I hereby ,consent that local law enforceme~t ~fficers, the .1 assume full responsibility for the fair and I~MUI opera- . ',board or agents of the board, or the commissioner of tion of all activities to be conducted; ';;~'. .~\-. '. revenue' or pl!blic safety, or agents 01 the commissioners, .1 will familiarize myself .~ith the laws of Minnesota '.:, ., , ., may enter the premises to 'enforce the law. governinglawM gam,ti,ling' and rules pf; ~~,~ boar(tan~;,. '. .'. ,. , BIUlk RecoI;c1sInformatlon agree; if licensed"toabideby tho~e lavis/il,,~}ul~s;;~::'i.>i" . The board i,s aut~orized to inspect the bank r~cords of the including amendments to them;'.' ':!:"::~::>::: "';,.:':"'.' ~:" gambling account whenever necessary to fulfill oanychangesin application information will be ~ubmitted requirements of current gambling rules an~ law, to the board and local unit of government within 10 days. . Oath ., of the change; and ", '. 1 declare that: 01 understand that failure to provide required information . 01 have read this application and all information submitted or providing false or misleading information may result in ' to the board is true, accurate and complete; the denial or revocation of the license. oall other required inlormation has been fully disclosed; Si ure of chiel executive officer ~ ,( Date 3 -It) -1f mqrl.ll~~l~fI~~lfjfill:!I~gnqm~~~<<ggm~!lll~&~i:l~iilliilll(11111:ir~;li~j!~llf~i~iii~~([il~ilil~il~I.~ii(l(i!li:(i~i((~i!l!i~ii::l:li~lif~!t~~!iii\[~ii!II[lliliiiil!ll!~jlii!illi::i:!~:!I1:i[I[!I:il!!:!I(I: . '. . ... . 4. A CODY of the local unit of aovernmenl's resolution aD- ~. The city *mus,t s.'gn ~hls,a~hcallon II the gambling prem- provinQ this aDolication must be attached to this aoo/ication.. ". . Ises is located within City limits. . ._. .. I . 5, If this application is denied by the .lQcal ur).itpf.99v.ernm,![lt. . ....> . ',.", I,;,_;/;~~~: ;~; 2'.,T~e,~unty.,':~A~D to~nship.*;.m ~s!slgnt~is apphqal,lqq~ ~:t:.;;;it~sl1oul<i: 09t ,be: siJbrni.~~ .tq' t~e ~af!1~,lng~~~t!p,L~,a~d;r~.{"!l.\t~rt~:.;7'~..;,:. ';~;l\'1 ~I!:"'. the g~rT},bling premises 1~.located within a towns~lp. ~r., '. :. ~.fi"'1') ,'. '::::::nU~;T t,}:;.,:, ':: :.: '>" I.;' . ',:,;*l:'f~7n~ '~!;, ::"'~:C;''?, ~~ r"p.. , ,::; - '~. ".; ,'. ,}/. 3. The"'ocal U?it goveil1me~t (city or co.unty) .must ~a~'a' " 'T~wnshlp;' By signature 'below, the 'oWoshipacknowledges . resolutron specifically approving or denYing thiS applICation. that the organization is applying for a premises permit within township limits. Clty* or Countv" City or County Name Townshll>" Township Name Signature of person receiving application Signature of person receiving application Tide Dale Received Tide Dale Received, ReIer to the instructions for required attachments. e Mail to: Gambling Control Board Rosewood Plaza South, 3rd Floor 1711 W. County Road B Rosevllle. MN 5511.3 LG214(Part 2) (Rev7/2ll'l11) . . - f-7a .,. CO 202(9/89) Lawful Gambling Lease Agreement e Premises Information Name of legal premises owner (lessor) River Heights Plaza, Inc. c/o Garfipld Clark & A~sor.iatps Name of sublessor (if any) Maria Canelake 2440 Name and address of leased premises Canelake's St. Croix Club Bar Address 5075 Wayzata #??~ Address Bayberry CitylZip Code Blvd Minneapolis, MN 55416 (612)546-6688 CitylZlp Code Stillwater, t1N Address CitylZip Code 1240 Frontage Rd Stillwater, MN 55082 Phone Phone . (612)430-0585 r/lJ ~. ~ '-t. , ? . ame 0 organlza Ion easing {I'~(, '1 t-t- rUU-c......J ~1-4337X Fraternal Order of Eagles Aerie 94 I H ~ -3 7& 7 GambUng Activity 37 II-I']V- The lawful gambling activity which the organization will conduct are (check all that apply): ~ c:::::J bingo c:J raffles c:.::J paddlewheels r::A:l pull-tabs c::Jtlpboards nown 00259 Rent Information (See Rules 7860.0090, Subp 3) Class A and C licenses: Rent for bingo and all other gambling activities conducted during that bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 for up to 12,000 square feet; and $400 for more than 12,000 square feet. I Rent to be paid per bingo occasion $ Rent to be paid per month Rent may not be based on a percentage of receIpts or profits from lawful gambling. Class Band 0 licenses: Rent for gambling activities not including bingo may not exceed $24 per square foot per month, with a maximum of $600. $200.00 Premises Description The area leased wilhin the premises Is 5 'eet by 7 feet, for a total of 35 square feet. Attach a sketch which identifies the location of the leased premises when a portion of a building is the leased premises. That sketch must include the dimensions of the leased premises. Effective Dates The lease will go Into effect at 12:01 a.m. on ~,for a period of one year. Ma y 1 19~, and will end at 12:00 a.m. on /., / ":W 19 Times and Days of Bingo Activity (If none, indicate N/A) 00 N/A Ie I The bingo occasions will be held: from (hours) (a.m.lp.m.) to from (hours) (a.m.lp.m.) to from (hours) (a.m./p.m.) to from (hours) (a.m.lp.m.) to from (hours) (a.m.lp.m.) to from (hours) (a.m.lp.m.) to (a.m./p.m.) on (days of week) (a.m./p.m.) on (days of week) (a.m./p.m.) on (days o' week) (a.m.lp.m,) on (days o' week) (am.lp.m.) on (days of week) (a.m./p.m.) on (days of week) By agreeing to the terms of this lease, tt 1s mutually agreed that: · The owner of the property (lessor), and sublessor, if any, may not manage gambling at the premises. · The lessor of the premises, his or her immediate family, and any agents or employees of the lessor may not participate as players In the conduct of lawful gambling on the leased premises. · The lessor/sublessor and the lessee do not have a direct or Indirect financial interest in the distribution or manufac- ture of gambling equipment. · The lessor or sublessor of the premises will allow the Board or agents 01 the Board, the Commissioner of Public Safety or agents of the commissioner, or the Commissioner of Revenue or agents of the commissioner, and law enforcement personnel to inspect the premises at any reasonable time, and permit the organization to conduct lawful gambling at the premises according to the terms of this lease. The lessor may not impose any conditions on the organization regarding distributors of gambling equipment, services, or the use of profits. · The organization must obtain a license from the Gambling Control Board. The organization will be responsible for complying with the laws and rules of lawful gambling. · The organization must have at the gambling premises a current Inventory of gambling equipment, a sketch with dimensions of the premises available for review, and a clear physical separation or divider betwgen the lesse9's gambling equipment and the lessor's business equipment. · The organization will be responsible for ensuring that the lessor's business activities are not conducted on the leased premises. · "the lease is cancelled prior to the termination date of this lease, each party agrees to notify the Gambling Control Board explaining the reasons for the cancellation. The lease shall be terminated Immediately for any gambling, liquor, prostitution or tax evasion violations occurring on the premises. . The lessor/sublessor of the premises shall provide the lessee access to the licensed premises during any time rea- sonable and necessary to conduct lawful gambling on the premises and as agreed upon In this lease. . (Write In any other conditions or restrictions that will be Included as part of the lease. Attach additional sheets if necessary) This lease is the total and only agreement between the lessor/sublessor and the organization conducting lawful gambling activities. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. (Any changes in this lease must be submKted to the Gambling Control Board within 10 days of the change.) ;7 3 ~ 10 - 9 Dale A copy of this lease and sketch with dimensions must be submitted with the license application or license renewal to: Department of Gaming - Gambling Control Division Mail Station 3315 SI. Paul, Minnesota 55146-3315 f-7b - ..... e e ... FACT SHEET e KEY ELEMENTS OF THE PROPOSED RAMSEY/WASHINGTON COUNTY RESOURCE RECOVERY SERVICE CHARGE Puroose of the Resource Recovery Service Charae (RRSC): 8ecause ~he County Boards have reduced the tipping fee at the Ramsey/Washington County Resource Recovery Facility in Newport. they have created a waste management service charge, called a Resource Recovery Service Charge (RRSC). The RRSC will be used to collect funds to pay for servIces related to the Facility that are no longer funded by the tipping fee. 1. Who Pays the RRSC: The RRSC will be assessed on .residential and non-residential mixed municipal solid waste (MSW) generators. 2. Who Collects the RRSC: Licensed collectors of MSW will be required by ordinance to collect the RRSC from their customers in Ramsey and Washington Counties at the time of billing. 3. How the RRSC Is Structured: The RRSC is similar to the State of Minnesota's fee for MSW, which was imposed in 1993. Both include a flat fee on residential customers and a volume-based fee on non-residential customers. The level of the fee collected, however, is different for the State versus the RRSC (the State charges $2 per residential account per year, and $.12 per non-compacted cubic yard and $.36 per compacted cubic yard for non-residential accounts). 4. Level of the RRSC: There will be different RRSC's for residential and non-residential accounts. During 1994 the amounts of these fees will be: . Residential: $1.60 per residential customer per month. . Non-residential: $0.80 per non-compacted cubic yard of purchased capacity. $2.40 per compacted cubic yard of purchased capacity. . Definitions: "Residential Generator" includes the following: 3. A person who resides in a single residence; or e b. A person residing in a building or at a site containing multiple residences, including a townhome or mobile home park, where each resident either has separate trash pickup, or is separately assessed for such service. Each dwelling unit will be considered a residential generator it there is a separate waste collection for each resident, even if the residen~ pays the owner or an association a monthly maintenance fee which incluaes the expense of waste collection. and tne owner or association pays the waste collector for waste collection in one lump-sum. .. Non-Residential Genera tor" i nc ludes the following: 3. An industry. business. including a home-operated business. church. nursing home. nonprofit organization. schools and other commercial accounts; or b. An owner of a building or site containing multiple residences, including a townhome or mobile home park, where one or more waste con~ainers with a capacity of a least one (1) cubic yard is used, and no resident is separately assessed for such service; or c. A vendor who sells to customers waste collection bags or stickers supplied by a waste collector, the cost of which is a substitute for a waste collection fee. A 30 gallon bag equals .15 cubic yard. and a 38 gallon bag equals .19 cubic yard. 5. How a Waste Generator Can Aooeal the RRSC: ' . Licensed waste collectors will determine which category of the RRSC will be collected from their' customers. . Waste generators will be able to appeal to their County if they believe they have been incorrectly classified. . Licensed waste collectors will be able to appeal the amount of a RRSC to be collected if they' believe it has been incorrectly classi f ied. ( 6. When the RRSC Beains: The RRSC will be assessed to waste .generators beginning April 1. 1994. 7. When Licensed Waste Collectors Have to Remit the RRSC: Collecto~s will have to remit the RRSC monthly after it is collected. The RRSC collected for the previous month will be due by the twentieth (20th) day of the following month, beginning in May 1994. 8. Where Licensed Waste Collectors Have to Remit the RRSC: Checks should be made payable and sent to: Ramsey/Washington County Resource Recovery Project, Suite C, 6989 No. 55th Street, Oakdale, MN 55128. 9. Forms: Licensed waste collectors will have to submit a Monthly Remittance Form with the funds remitted. Forms will be provided by the Resource Recovery Project. . - 10. Data Privacy: Most information submitted on the Monthly Remittance Form will be treated as a "trade secret" of the hauler. e " . and will be treat.ea as "privat.e" or "non-publlC" data under the Minnesota Government Daca Practices Act. ell. Non-Payment of the RRSC: . If the waste generator pays the entir: RRSC to the licensed wast.e collector, the collector will be required to remlt t.his entire amount to the Project. . If the waste generator does not pay any of the RRSC to the licensed waste collector, the collector will not need to remit the RRSC for that waste generator if the collector makes a good faith effort t.o collect the RRSC and if the collector provides the generator's name, address, time period and amount of RRSC billed, and amount of RRSC paid, for all accounts remaining unpaid for 90 days as of August 1, 1994 and 'February 1, 1995, on the appropriate form on August 20, 1994 and February 20, 1995. . If the waste generator pays only a portion of the RRSC, the licensed waste collector will have to remit that portion. The portion of the RRSC to be remitted will be the same proportion of the entire RRSC'owed as the proportion of the entire bill (including all charges except sales tax) paid to the collector. The remittance is due by August 20, 1994 and February 20, 1995, along with the generator's name, address, the time period and amount of RRSC bill and unpaid balance. . 12. Sales Tax: The Minnesota Department of Revenue (DOR) has advised the Project that waste generators must pay sales tax on the RRSC. Licensed waste collectors will be required to collect this sales tax and remit it to DOR as part of the sales tax they remit to the State, as determined by DOR. 13. Enforcement: The Counties and the Project will have audits performed periodically on licensed waste collectors to ensure that the RRSC is beinQ collected and remitted properly. The Counties have various mechanisms available for enforcement of ordinance provisions related to the RRSC, including license revocation, criminal, and civil penalties. The Counties intend to contact generators that do not pay the RRSC upon notification by the hauler. 14. Future Chanaes in the RRSC: It is possible that changes will need to be made in the future in the ,level of the fee or in other aspects of the RRSC. The Counties and the Project will be monitoring the RRSC to determine how much is collected, how equitably it is being assessed, and other factors. Some changes could be made by County Board resolution, while other changes might require amendments to County ordinances. Ramsey/Washington County Resource Recovery Project Ramsey County Department of Public Health Washington County Department of Public Health e . 2/24/94 February 17,1994 JII .. Ramsey/Washington County Resource Recovery Project Resource Recovery Service Charge (RRSC) Calculation Residential Flat Fee & Non-Residential Volume (9 months) e Residential Non-Residential Total 46% 54% 100% Full Year Shortfall (Projected) [1} $2,653,868 $3.115,410 $5.769,278 Nine-Month Shortfall [1} $1,886,643 $2,214,754 $4,101,397 RRP/County Collections [2} $24,150 $28,350 $52,500 Uncollectibles (10%) [3} $188,664 $221,475 $410,140 Total Funds Needed $2,099,457 $2,464,580 $4,564,037 Total Residential Accounts 149,478 Estimated Uncompacted Cubic Yards 3,146.766 Residential RRSC IAccountIMonth $1.60 Non-Residential RRSC INon-Compacted Cubic Yard of Purchased Capacity $0.80 ICompacted Cubic Yard of Purchased Capacity [4} $2.40 Estimated Overage $52,833 $4,669,896 $105,859 Projected Revenue $2,152,483 $2,517,413 $53,026 [1} From Springsted analysis (12/1!S193 8. 1/19/94): Based on 390,000 tons deliveredlyear [2} Resource Recovery ProjectlCounty cost of collecting the Resource Recovery Service Charge [3} Assumes 10% uncollectib/es [4} The Non-Residential RRSC -/Compacted Cubic Yard of Purchased Capacity- is thrH times the -/Non-Compacted Cubic Yard of Purchased Capacity. - RE: Minnesota Department of Revenue Notice #93-12, June 21, 1993. - ns djh v.5.1 [RRSCBOOK.XLW]VRT _WOUT.XLS DEPARTMENT OF MILITARY AFFAIRS MJNNESOT A ARMY AND AIR NATIONAL GUARD OFFICE OF TIlE ADJUT A~I GENERAL VETERANS SERVICE BUILDING STATE OF MINNESOTA 20 WEST 12TH STREET ST. PAUL. !'.UNNESOTA 55155-2098 February 25, 1994 Executive Director Mr. Steve Russell Director, Community Development 216 North 4th Street Stillwater, Minnesota 55082-4898 Dear Mr. Russell: Please be advised that the Minnesota National Guard Facilitie& and Stationing Committee has selected Stillwater as a candidate for funding of our FY 1995 Congressional Add-on package. In March or April, I would like to visit with your city council to discuss all aspects of the project. Please advise as to council meeting dates. Sincerely, . ,. I.. I . / ) A .j '\~< , / '-- ~,/.. ,f', ,"'! /, :/~!5h'2-('_'_, ~. / . LpcL/... ~/ Th91nas 1. Ryan L/ (::; CW2, MN ARNG (Retirea) Executive Director 11 CF: Tom Vesely Terry Palmer "AN EQUAL OPPORTUNITY EMPLOYERH MEMORANDUM TO: Mayor and City Council FROM City Coordinator RE: Meeting with Charter Commission DATE: March 9, 1994 Scott Keller, Chair of the Charter Commission, is requesting a meeting for 7:00 p.m., April 12, 1994, to discuss the proposed land use regulations. I will confirm the meeting date and time with the Council at the meeting Tuedsay night. ~~ e e - , ..., e ( 1 2 3 4 5 6 7 e 8 '. 9 10 : 11 12 13 14 ~\..' 15 16 17 18 19 20 21 t,. 22 23 e 24 25 26 01/15/93 [REVISOR) HMW/DL 93-0678 489 State of Minnesota HOUSE OF REPRESENTATIVES SEVENTY-EIGHTH} SESSION H.F. No. 228 Introduced by Brown, C., Johnson, V., Sviggum, Olson, E., and Nelson. Read First Time Feb. 9, 1993 and Referred to the Committee on Local Government and Metropolitan Affairs. Commi ttee Recommendation and Adoption of Report: To Pass Feb. 28, 1994. Read Second Time Feb. 28, 1994. A bill for an act relating to local government; providing for annexation elections; changing conditions permitting annexation by ordinance; amending Minnesota Statutes 1992, sections 414,031, by adding a subdivision; and 414,033, subdivision 2; repealing Minnesota Statutes 1992, section 414,033, subdivision 2a, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1, Minnesota Statutes 1992, section 414,031, is amended by adding a subdivision to read: Subd. Sa, [ANNEXATION ELECTION.) If the proceeding for annexation has been initiated by the petition of a majority of the prooerty owners within the area to be annexed or if the board has assumed jurisdiction under subdivision 1, clause Cd) and orders that the entire town named in the resolution be annexed to the city named in the resolution, no referendum is required. In all other instances the order of the board shall fix a day, not less than 20 days nor more than 90 days, after the entry of the order, when an election shall be held at a place designated by the board within the area that is determined by the board to be primarily and substantially interested in or affected by the board order, The executive director shall cause a copy of the order affirminq the petition, including the notice of the election, to be posted not less than 20 days before the election in three public places in the area, and shall aive two weeks published notice of the election in a qualified newspaoer 1 01/15/93 [REVISOR HMW/DL 93-0678 1 of general circulation in the area. The board shall appoint the 2 necessary election judges from among the voters resident in the 3 area and shall supervise them in their duties. The board shall 4 designate the polling place or places, using so far as possible 5 the usual polling place or places, The polls shall be open at 6 least 13 hours and until at least 8:00 p,m. The judges shall 7 conduct the election so far as practicable in accordance with 8 the laws reculating special elections. Only voters residino 9 within the area primarilv and substantially interested in or 10 affected bv the board's order shall be entitled to vote. The 11 ballot shall bear the words "For Annexation" and "Against 12 Annexation" with a SQuare before each of the phrases in one of 13 which the voter shall make a cross to express a choice. The 14 ballots and election supplies shall be provided and the election 15 judges shall be paid by the petitioners or the annexing 16 municipa1itv, Immediately upon completion of the counting of 17 the ballots, the judges of the election shall make a signed and 18 verified certificate declaring the time and place of holding the 19 election, that they have canvassed the ballots cast, and the 20 number cast both for and against the proposition, and they shall 21 then file the certificate with the executive director of the 22 board. If the certificate shows the majority of the votes cast 23 were "For Annexation" the board's order shall be effective' in 24 accordance with subdivision 6. If a majority of votes were cast 25 against the annexation, the board shall not issue an order for 26 annexation, If the annexation is denied, or if it is defeated 27 in the referendum, no proceeding for the annexation of 28 substantially the same area may be initiated within two years 29 from the date of the board's order, unless the new proceeding is 30 initiated by a majority of the area's property owners and the 31 petition is supported by any abutting towns and municipalities. 32 The executive director shall upon receipt of the certificate 33 notify all parties of record of the election results. 34 Sec. 2, Minnesota Statutes 1992, section 414,033, 35 subdivision 2, is amended to read: 36 Subd, 2, A municipal council may by ordinance declare land 2 ~;. f" e e e ~ e 1 2 3 4 5 6 7 8 9 10 11 12 13 e \ e 01/15/93 [REVISOR HMW/DL 93-0678 annexed to the municipality and any such land is deemed to be urban or suburban in character or about to become so if: (1) the land is owned by the municipalitYi ~ (2) the land is completely surrounded by land within the municipal limits,-or f3t-ehe-iand-ab~e~-ehe-mttn~e~pai~e1-and-ehe-aree-eo-be enne~ed-z~-6e-eere~-or-ie~~7-end-the-mttn~eipai~e1-reee~~e~-e pee~e~o~-for-ennexae~on-from-aii-ehe-propere1-owner~-of-e~e-=e~d, Sec. 3, [REPEALER,] Minnesota Statutes 1992, section 414,033, subdivision 2a, is reoealed, Sec. 4. [EFFECTIVE DATE.] This act is effective the day after final enactment. 3 S~7 BY:MN HOUSE Of REPS 3-10-34 15:21 ADM I N SERV ICES'" '" .~ , .. 6124330456;# 2/ 3 ",.. 02/28/94 [REVISOR RJS/KP 94-4732 e Introduced by Neary; BroWn. C.. and Mariani March 3. 1994 . Referred to the Committee on locAL GoVERNMENT AND METROPOLITAN mAllS. HP. No. 2257 Companion S.F, No, _ e 1 A bill fer an act 2 relating to municipalitiesJ imposinq certain 3 restrictions on annexation: proposing coding for new 4 law in M~nnesota Statutes, chapter 414. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE Or. MINNESOTA: 6 'Section 1. [414.062) [ANNEXATIONS: CERTAIN RESTRICTIONS.} 7 If a municipality has adopted a comprehensive plan under 8 section 462.3S1~or other law, no proceeding for a~nexation or 9 concurrent detachment and annexation under sections 414.031, 10 414.033, or 414.061 may be initiated unless the property has 11 been designated for expansion in the municipality's 12 comprehensive plan for a period of at least two yea~s. el ~ e Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes February 1, 1994 Members: Childs, Engebretson, Freeman, Gorski, Kalinoff, Maybanks, *Nelson, Ruch, Welshons. Director: Bertalmio. * Absent 1 . Call to order: There being a quorum present the meeting was called to order at 6:33 PM by Vice-President Engebretson. 2. Adoption of the agenda: Absent any action to change mailed agenda accepted. 3. Communications - None. Public Commentary - None. e 4. Consent Calendar: Adoption of Minutes Payment of Bills Committee Reports Monthly Activity Reports Director and other Staff Reports Presidents Report Moved to adopt the consent calendar, including payment of bills in the amount of $10,214.35 from 1993 funds and $6,321,35 from 1994 funds Seconded. Passed unanimously 5. Old Business: A. Collection Development Policy Workshop - Freeman is planning for April 12 with April 19 as backup date. B. Union Negotiations - Welshons reported SPL offered 2% in 1994 with 1.25% in 1995 and expects to follow the lead of the city. C. Emergency Policies and Procedures - Childs reviewed proposed revisions. Bertalmio will review them with the city and look for help on "Hostage Situations". D. Other - None. 'e 6, New Business: A. Reschedule March Meeting - March 1 is precinct caucus meeting night so we must reschedule. Motion to schedule for March 8 at 6:30. Seconded. Passed unanimously. B, New Board Member Orientation - Welcomed Nick Gorski to the Board. C. Internet and Gateway Access - Director will attend a meeting on the subject on Thursday, D, Stillwater History Summer Seminar - Director reported probable request to use SPL facilities for same. E. Other - None. e 7, Adjournment- Agenda items being completed and no other business being before the Board Vice-President Engebretson adjourned the meeting at 7:33 PM. e el e e e - ., Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes of Annual Meeting February 1, 1994 Members: Childs, Engebretson, Freeman, Gorski, Kalinoff, Maybanks, *Nelson, Ruch, Welshons. Director: Bertalmio. * Absent 1. Call to order: There being a quorum present the meeting was called to order at 7:34 PM by Vice-President Engebretson. 2. Adoption of the agenda: Absent any action to change mailed agenda accepted. 3. Minutes of the 1993 Annual Meeting - Lost. 4. Elections - At the January regular meeting it was the consensus of the Board, meeting as a Nominating Committee, to offer a slate of Engebretson - President, Freeman - Vice-President, Childs - Secretary to the Annual Meeting to be held in February; with nominations will be accepted from the floor. This slate was offered and nominations were requested from the floor. Motion to close nominations and accept the slate by acclamation. Seconded. Passed unanimously, 5. Committees - Motion to establish a committee structure to consist of: Administration Building and Grounds Collections and Services Finance and Budget Public Relations Endowment Liaison Washington County Library Liaison Technology Seconded. Passed unanimously. ..~ e e e President Engebretson Announced the following appointees: Administration Mary Ann Engebretson - President . Lisa Freeman - Vice-President Ves Childs - Secretary Building and Grounds Fred Kalinoff - Chair Sheila Maybanks Collections and Services Sheila Maybanks - Chair Lisa Freeman Dave Ruch Nick Gorski Finance and Budget Mary Ann Engebretson - Chair Lois Welshons Sue Nelson Public Relations Lois Welshons - Chair Sue Nelson Nick Gorski Fred Kalinoff Endowment Liaison Mary Ann Engebretson Washington County Library Liaison Dave Ruch Technology Implementation Dave Ruch - Chair Ves Childs Lisa Freeman Nick Gorski 7. Adjournment- Agenda items being completed and no other business being before the Board President Engebretson adjourned the meeting at 7:52 PM. e e ,e March 10, 1994 City Administrator! Stillwater City Council 216 N 4th St. Stillwater, Mn, 55082 Dear Members of the Council: As Chairman of the Stillwater Memorial Day Association I wish to inform you that it is our intentions to have our annual Memorial Day Program on Monday, May 30, 1994 at Lowell Park - 11:00 A,M. Prior to the start of the program we will have a short parade from the Family Services parking lot (just So, of City Hall) down to Lowell Park, It is our hope that we can get the Police Dept to help us with traffic control during the short march to the park. This shouldn't take over 15 minutes, We would also like to request that members of the City Park staff make sure that the park is as clean as possible prior to our program. Lastly, we would appreciate it if the V,S, flag is up and flying at half-mast that whole day, We will do our best to keep the channels of communication open between you and the members of our Association, Prior to the parade and program, I will send you a copy of the exact parade route we are planning to take and also a copy of the program, Good communication and cooperation should help assure that we continue the fine tradition of honoring the veterans who served our country and have now passed away, Each and everyone of you are invited to attend this community program, G:e;~f~~ Jon D. Larson Chrmn, Stillwater Memorial Day Association Stillwater American Legion, VFW, DAV & Auxiliaries ... hI ~ :~' - ., "'''~ }. '~.}.J 'l- fi1- e ~'-~r M E M 0 RAN 0 U M BWBR ARCHITECTS STILL WATER CITY HALL FEASffiILITY STUDY STILL WATER, MINNESOTA COMMISSION NO. 94022 TO: Those Present Dick Olsen, George W. Olsen Construction Katy Kolbeck, Dunham Associates Chuck Cappellin; Dunham Associates Jay Sleiter, BWBR Jim Davy, BWBR Bill Peters, BWBR FROM: Pete Smith, BWBR DATE: March 14, 1994 SUBJECT: Program Discussion. March 11, 1994 PRESENT: Nile Kriesel, City Coordinator, City of Stillwater Pete Smith, BWBR 1. BWBR has received information regarding growth at the City Hall from direct conversations with Council Members and staff, as well as the Tennessen Report and the Comprehensive Plan. The purpose of this discussion was to clarify to what degree BWBR should be planning for future growth with regard to this study. If a building project ~evelops out of this study, a more precise evaluation of specific departmental needs may be necessary. For purposes of the feasibility report, BWBR is to use the following anticipated growth for departments: Department . Administration . Finance . Police Department . Fire Department . City Engineer . Public Works . Planning Department . Building Department Anticipated Growth 1 person .5 person 4 persons 1 person 3 persons 1 person .5 person 1 person e 400 Sibley Street Suite SOO 51. Paul, Minnesota SSlOI tel: 612 222 3701 fu: 612 222 8961 BWBR Architects, Inc. 3-14MEMO.DOC STILL WATER CITY HALL-FEASIDILITY STUDY PROGRAM DISCUSSION PAGE 2 ~ e 2. Growth within the administration will be the addition of a Personnel Director (Administrative Assistant). 3. Although the Tennessen Report planning indicated otherwise, it is desirable to keep Administration and Finance together although not critical. 4. A conference room is needed on each level to handle approximately six to eight individuals. Any larger meetings would be handled in the Council chambers. 5. A lunch room to accommodate a minimum of 10 people plus a kitchenette is needed. This could be located on either floor. 6. It may be desirable to provide a smoking room with venting outside on one of the floors. 7. Growth within the City Planning Department should include additional space for layout. Currently the Planning Department utilizes Council chambers space. The Planning Department needs space similar to what the existing Public Works department has. 8. Comprehensive plan indicated growth within the Police Department of six. However, due to budgeting they are anticipated only to grow to approximately four, BWBR should be designing for four to six people. This would include three or four additional patrol officers which would need desk space, as well as one additional secretary/dispatch and possibly an additional investigator. Investigators require a private office. 9. The Building Department needs additional space for layout and office space for two individuals. In addition, a records storage room is needed for fIles as well as drawing records. 10. The existing Parks building on Greeley Street may be closed which may require an additional desk within Public Works at the City Hall. 11. Growth within Public Works is for an equipment operator that has minimal physical space requirements, however the individual would require an additional locker and would utilize lunchroom space. 12. Currently in the Fire Department there are seven full time individuals, (the Fire Chief, and six Firefighters working on shifts). Growth within the Fire Department e 14 March, 1994 BWBR Architects, Inc. 3-14MEMO.DOC - I. I .. S-tILL WATER CITY HALL-FEASmILITY STUDY PROGRAM DISCUSSION PAGE 3 would be the addition of another Fire Inspector which would require a separate office. 13. Currently within the Fire Department three vehicles are stored outside. Some form of protection is needed for these vehicles. This could be a car port off the west side of the building. 14. The existing training/classroom has been subdivided to accommodate the ENT's from Lakeview Hospital during the construction at that facility. However, even with the elimination of that use, this space could be slightly larger. This may suggest an addition to the west. 15. BWBR will meet with individual department heads to review these programmatic needs on March 16, 1994 at 1:30 p.m. The above constitutes BWBR's understanding of the results of this meeting. If there are any questions, comments, or additions to these meeting notes, please notify the architects immediately in writing. PGS:dpw 14 March, 1994 BWBR Architects, Inc. 3-14MEMO.OOC 1. 8:30 2. 3. 8:30 4. 9:00 5. 9:45 6. 10:15 7. 10:25 8. 9. 10. 11:00 11. 11: 15 TO 12:00 WASHINGTON COUNTY Dennitl C. Hegberg District 1 MaryH_er District 2/Cheir Wally Abreh_on District 3 Myra Pet....on District 4 Dave Eno-trom District 5 COUNTY BOARD AGENDA MARCH 15, 1994, 8:300 A.M. ROLL CALL CONSENT CALENDAR SHERIFF'S OFFICE - J. TRUDEAU, SHERIFF UPDATE ON 1994 BED RENTAL PUBLIC HEARING - H.E.L.M. DEPARTMENT - M. MCGLOTHLIN, DIRECTOR AMENDMENTS TO THE COUNTY SOLID WASTE MANAGEMENT ORDINANCE ADAM OUTDOOR ADVERTISING OF MINNEAPOLIS/ST. PAUL, INC. CARTER DELAITTRE, JACOBSON HARWOOD BRILL & BENNETT, P.A. STAY OF PROCEEDINGS - BILLBOARD LOCATED AT 1-94 & CSAH 21 GENERAL ADMINISTRATION - V. ERDAHL, DEPUTY ADMINISTRATOR DISCUSSION FROM THE AUDIENCE VlSTTORS AlA Y SHARE THEIR CONCERJIS WITH mE COUNIY BOARD OF COMMISSIONERS ON ANY tn:M NOT ON mE AGENDA. THE ClWR W1U. DIRECT THE COUNIY ADMlNJS1RATOR TO P1lEPARE RESPONSES TO YOUR CONCDfNS. YOU ARE ENCOURAGED NOT TO BE REPE7T110US OF PREVIOUS SPEAKERS AND TO LIMIT YOUR ADDRESS TO FIVE MlNUTF.S. COMMISSIONER ~EPORTS - COMMENTS - QUESTIONS nus PERIOD OF 11ME SHAll.. BE USED U mE COMMISSIONERS TO REPOIrT TO mE Fll1L lIOARD ON COMMTITEE AC11VlT1ES, MAKE COMMENTS ON AlATIERS OF IN1FREST AND INFORMAT10N. OR IWSE (lUESllONS TO THE STAFF. nus ACTION IS NOT INTENDED TO RESULT IN SUBSTANTTVE BOA1IJ) ACTION DURlNG nus TIME. ANY AC1l0N NECES:WtY BECAUSE OF DISCUSSION W1U. BE SCHEDULED FOR A FUITJRE BOARD MEEI1NG. BOARD CORRESPONDENCE ADJOURN WORKSHOP WITH AUDITOR-TREASURER , COUNTY ASSESSOR - B & C DISCUSSION ON ABATEMENTS AND THEIR IMPACT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: No County Board Meeting March 29, 1994 (5th Tuesday) MEE~ING NOTICES Date ColDlllittee ~ime Location March 15 March 16 rch 16 rch 16 arch 16 March 17 March 17 March 17 Mental Health Advisory Plat conunission Legal Assistance HRA Board Transportation Advisory MELSA/Metronet Park and Open Space Minnesota Extension 4:00 p.m. 9:30 a.m. 12:00 p.m. 1:00 p.m. 2:00 p.m. 1:15 p.m. 6:00 p.m. 7:00 p.m. 7066 Stillwater Blvd. - Oakdale H.E.L.M. Meeting Room Stillwater Perkins 321 Broadway - St. Paul Park 230 E. 5th St.-Mears Park Centre' 226 Metro Square Building - St. Paul Washington County Government Center Extension Office - Rooms A& B qyou lleei auLst4llCe due 10 tlJsabiliry or language bturier, pkue cd 430-6003 (lDD 43~J220) AN EQUAL EMPLOYMENT OPPoRTuNrrv I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR** MARCH 15, 1994 e The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION ITEM AUDITOR-TREASURER A. APPROVAL OF RESOLUTION ESTABLISHING PER DIEM FOR COUNTY ADVISORY BOARDS, COMMITTEES, AND COMMISSIONS. B. APPROVAL TO APPOINT HERBERT RECKINGER, COTTAGE GROVE, TO' THE HISTORIC COURTHOUSE ADVISORY COUNCIL TO FILL AN UNEXPIRED TERM TO DECEMBER 31, 1994. C. APPROVAL OF RESOLUTION, PREMISES PERMIT FROM LIONS CLUB- FOREST LAKE TO BE USED AT OLD LOG CABIN IN FOREST LAKE TOWNSHIP. D. APPROVAL OF RESOLUTION, PREMISES PERMIT FROM FOREST LAKE AREA DUCKS UNLIMITED TO BE USED AT VANNELLI'S ON THE GREEN IN FOREST LAKE TOWNSHIP. HEALTH, ENVIRONMENT & LAND MANAGEMENT E. APPROVAL TO EXECUTE A CONTRACT WITH COMMONHEALTH CLINIC FOR PROVISION OF MATERNAL-CHILD HEALTH SERVICES. F. APPROVAL TO ISSUE REQUESTS FOR PROPOSALS TO COMMUNITY BASED ORGANIZATIONS OR, GROUPS TO IMPLEMENT COMMUNITY HEALTH PROMOTION PROJECTS. e G. APPROVAL TO AUTHORIZE PAYMENT OF $19,305.71 TO THE SOLID. WASTE MANAGEMENT COORDINATING BOARD PURSUANT TO THE APPROVED JOINT POWERS AGREEMENT. PUBLIC WORKS H. APPROVAL OF RESOLUTION FOR ALL-WAY STOP CONDITION AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY 22 AND JAMAICA AVENUE . I. APPROVAL TO CHANGE CALENDAR YEAR FOR SALE OF VEHICLE PARK PERMITS FROM NOVEMBER 1 THROUGH DECEMBER 31 OF THE FOLLOWING YEAR TO OCTOBER 1 THROUGH DECEMBER 31 OF THE FOLLOWING YEAR. .~t Calendar items are gc:nera11y defined u items of routine buioeas, DOt requirinc diJcllllian, md IJlProvecl in ClIIC vote. Commissioaen may elect to pull. Coasc:nt Calendar itan(s) for discllllioo and/or separate actioo. - I