HomeMy WebLinkAbout1994-03-15 CC Packet
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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
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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.
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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.
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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.
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MAR-15~94 TUE 12:04
HeORP APPLETON
FAX NO, 4147314236
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HOFFMAN
[)EVELOPMENT
CC)Rf:JORA"rION
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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.
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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.
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MAR-15-94 TUE 12:04
HeORP APPLETON
FAX NO. 4147314236
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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
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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
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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
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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.
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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.
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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.
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D. Seller shall provide payment of special
assessments pending as of the Closing Date for
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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E. Buyers obtaining, at its sole expense, an
engineering report and Buyer's review and
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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.
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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
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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.
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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
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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
......
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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.
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List # 2
Sequence ,; 231
i08.20.2/231
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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$3,500 from the City to help fund
Wild West Days.
Motion by Councilmember funke, seconded by Councilmember Bodlovick to table the request
for funding for Wild West Days until February 28, 1994. (Ayes - 3; Nays - 1, Mayor Hooley)
5. Traffic Issues - South Fourth Street
Mike Anderson and Gary Bagaas expressed concern about the high level of traffic on
South Fourth Street. Staff explained efforts already under way to address the traffic
problems including increased patrol efforts and discussions with the Coast Guard and
Minnesota Department of Transportation regarding bridge traffic.
6. Washington County Public Works - Cost Sharing for County Road 5
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Stillwater City Council Minutes
Regular Meeting
February 15, 1994
City Engineer Eckles provided a summary of the current status of the County Road 5
Upgrade Project. Don Theisen, Deputy Director of Public Works, Washington County,
discussed cost estimates. Further discussion was tabled until Tuesday, February 22,
1994.
STAFF REPORTS
1. Police
Request to Attend National Conference on Gang Activity
Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the
attendance of Sergeant Roettger and Officer Stender at National Conference on Gang Activity,
March 10-13, 1994, at an approximate cost of$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)
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Stillwater City Council Minutes
Regular Meeting
February 15, 1994
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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.
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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
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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.
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Stillwater City Council Minutes
Regular Meeting
February 15, 1994
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(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
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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
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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)
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Stillwater City Council Minutes
Regular Meeting
February 15, 1994
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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.
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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)
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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
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Stillwater City Council Minutes
Regular Meeting
February 15, 1994
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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)
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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
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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
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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.
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SPECIAL MEETING
STILLWATER CITY COUNCIL
MINUTES
February 22, 1994
4:30 p.m.
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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
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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
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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
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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
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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:
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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
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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,
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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
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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
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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)
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Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble, and
Mayor Hooley
Nays - None
(Council took a 5-minute recess and reconvened at 9:00 p.m.)
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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
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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
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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.
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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
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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.
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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.
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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.
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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)
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
....
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City Council - Recessed Meeting
February 28, 1994
Page 6
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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
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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
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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)
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City Council - Recessed Meeting
February 28, 1994
Page 8
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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.
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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.
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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
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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
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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
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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
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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.
"
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....... .. 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~}
.,
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@
~"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,
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GENERAL CONTRACTOR
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s. M. HENTGES & SONS, INC.
P.O. BOX 520 SHAROPEE, MN 55379
(612) 445-7004 FAX (612)496-2088
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Change Order Request
ShIJ:H i::U.iJ I! t,!:};LII~ICi{SON, INC.
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Customer Date of
Reference Request
A-STILL 3033 2/18/94
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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:
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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~............. .<$4,220.00>
The additional costs per the proposal is for the rock excavation.
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Total Change Order Request..... <$,4,220.00>
03/10/94 16:05 FAX
SEH ST. PAUL
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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.
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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:
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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
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03/10/94 16:06 F.~1
SEH ST. PAUL
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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
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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
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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
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Ar?"pLlCATlQ.N FOR PAYMENT
(UNIT PRICE CONTAACl)
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STILLWATER, MINN~~OTA
OWNER'S PROJECT NO.
ENGINEER'S PROJECT NO.
TIF 93-1
STllL3298
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snLl.WA~R, MINNES,?TA
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I :" PO BOX 15001 .
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. COmA. FOR WEST WiNG JR. HIGH PA~KlNG LOT.__
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" APPUC.DATE 3-4-.94,
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;' PERIOD END. 3. - 4 -c.; 4
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CONTPACT DATE
CONTRACT AMOUNT
$4.~ , A?J-;ro
4'14qg.~, 70
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Post.lt'" brand fax transmittal memo 7671 iI 0/ piges..~
T~ MO(. FtomU-fA2k1E &elCh'
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Depl. Phone #
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DESCRIPTION
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.
2 REMOVE WALL L.F. 225 7b._ 12.00 $ q 1;2.. -
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.
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" 4 REMOVE BIT. PAVEMENT S.y, 3.400 ...?AOO_ 1.00 $ 3~~o-
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, 5 REMOVE CONC. C & G L.F. 120 3~ 5.00 $ I,S-
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! \' 7 COMMON EXCAVATION C.y. 100 ~/7
20673 -/..2.q fj 7 .. . co'
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, , , CB M.H. lYPE B L.F. 19 I~_- 175.00 $ 31S0
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10 CASTING 3967 EACH 2 500.00 S
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13 ADJUST EXISTING CB EACH 1~...l 1,000.00 $ _fooo-
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'. .. PAGE 1 OF 6
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SHORT ELLIOTT HENDRICKSON. INC.
11:42
P. 06
Total Contract
Amount
'7(;)
434) t;3.S" --
$C2$.ffl.ocr'
APPUCATIONFORPAYMENT
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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)
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less S % Retainage...............................................,. $ 740()
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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
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: . 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()
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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.
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PAGE 6 OF 6
SHORT ELLlOn HENDRICKSON. INC.
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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
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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~
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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.
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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.
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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
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Sec.
CITY OF STILLWATER,
SALES TAX AND PORT AUTHORITY POWERS AUTHORIZED.
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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
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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.
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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
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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~~
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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.
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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
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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. '
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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.
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Notary Public
Washington County, Minnesota
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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24.
25.
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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.
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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
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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.
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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
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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.
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2. .
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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.
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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.
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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
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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.
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* Protected Waters Inventory 10*
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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.
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Classes of Public "Waters
Structures
Unsewered Sewered
Sewage
Treatment
System
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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
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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
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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.
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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
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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
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its passage and publication according to law.
Adopted by the City Council this _ day
Attest:
Morli Weldon, City Clerk
, 1994.
Charles M. Hooley, Mayor
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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
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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
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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.
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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.
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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.
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'J. ATEe Associates, Inc.
.
l. ...~ 1479 Energy Park Drive
~T.I 51. Paul. Minnesota 55108
. . (612)645-9520 FAX(6121645-9529
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February 4, 1994
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Mr. Steve Russell
City of Stillwater
City Hall: 216 North Fourth Street
Stillwater, MN 55082
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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
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ITEM
PAGE
1.0 INTRODUCTION/BACKGROUND INFORMATION
. . . . . . . . . . . .. 1
2.0 SCOPE OF SERVICES ................................ 3
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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
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7.0 QUALIFICATIONS.................................. .18
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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
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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
,
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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':!'
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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
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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
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* = 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.
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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).
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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.
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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.
....
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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
.,
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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
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I
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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.
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SITE LOCATION MAP
UBC Lumberyard
Stillwater, Minnesota
Project Number:
55-07-93-00125
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Scale: 1" = 2000'
ATEC
Figure: 1
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SITE MAP
UBC Lumberyard
Stillwater, Minnesota
BRICK
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Project Number:
55-07 -93-00125
Scale: See Map
Figure: 2A
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UBC Lumberyard
Stillwater, Minnesota
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Project Number:
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Scale: See Map
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GEOPHYSICAL I CROSS SECTION LOCATION MAP
UBC Lumberyard
Stillwater, Minnesota
Steep Slope
Project Number:
55-07 -93-00125
Scale: See Map
Figure: 3
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UBC Lumberyard
Stillwater, Minnesota
Project Number:
55-07-93-00125
Scale: See Map
Figure: 5
ATEC
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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
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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
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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
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11
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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.
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12
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NELSON STREET
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APPROJtlMAT(
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CONCRL!E .'0
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E A S T
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8-11.
SOIL BORINe. l.OCAtION
/
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P~(VtOuS GASOM(TeR IANI<
(f'RQt..A MAP DAf(O 1924)
p,J CAOO/OOI2~- 1.000C
l,IW-' ~
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----
~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
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f'olortP'l
reel
.
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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
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,
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
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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 ~
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;-- , I C(>I-- f. l I
b' V t~.~tcf,I\',l
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2802, 2806, 2807 and 2811-DT
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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.
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SENT BY: XEROX Telecopier 7017: 3-10-94 ; 15:09
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6127772 835'"
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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
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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
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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
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"'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
.
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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
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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.
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Barry C. Peters, P.E.
SHORT ELLIOTT
HENDRICKSON INC.
MINNEAPOLIS, MN
ST CLOUD, MN
CHIPPEWA FALLS, WI
MADISON, WI
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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
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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
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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
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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
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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
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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
. -.'-
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, .
FOR BOARD USE ONLY
BASE #
pp#
FEE
CHECK
INITIALS
DATE
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Minnesota Lawful Gambling' " "
Premises Permit, Application - Part 1 of 2
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Renewal .
Organization base license number
00259
. Class of premises permit
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'.' 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. .'
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Premises permit number
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..: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~~~:;./\:!'
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'::,(';!~~~;';;-""~~9 w-ore'than seven bingo occasions may be c9nducted by your oreanlzatton per week.' ;--p :.:,f~\'
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Zip Code
55082
13523.
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Minnesota Lawful Gambling
Premise Permit Application - Part 2 of 2
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, , 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'
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Lloy~ Potter
1904 W. Pine St., ptillwater
Trustee
Ken.Birch
Vice Pres
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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
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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.
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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)
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CO 202(9/89)
Lawful Gambling Lease Agreement
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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
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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
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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
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FACT SHEET
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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
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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.
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10. Data Privacy: Most information submitted on the Monthly
Remittance Form will be treated as a "trade secret" of the hauler. e
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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
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2/24/94
February 17,1994 JII
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Ramsey/Washington County Resource Recovery Project
Resource Recovery Service Charge (RRSC) Calculation
Residential Flat Fee & Non-Residential Volume (9 months)
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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.
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[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.
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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
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[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'"
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[REVISOR
RJS/KP 94-4732
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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, _
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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.
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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.
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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.
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7, Adjournment-
Agenda items being completed and no other business being before the Board
Vice-President Engebretson adjourned the meeting at 7:33 PM.
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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.
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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.
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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
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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
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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
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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
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14 March, 1994
BWBR Architects, Inc.
3-14MEMO.DOC
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.. 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
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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.
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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.
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