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Home My WebLink About1995-01-17 CC Packet e e e AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 95-3 January 17, 1995 REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL ELECTION OF NEW COUNCILMEMBER OATH OF OFFICE APPROVAL OF MINUTES - January 3, 1995 - Regular Meeting PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. David Harvieux - Kutz Addition CONSENT AGENDA * 7:00 P.M. 1. Resolution: Directing Payment of Bills. (Resolution No. 95-9) 2. Resolution: Approving permanent employment of City Engineer 3. Resolution: Approving permanent employment of City Clerk 4. Resolution: Appointing Deputy City Clerk and Acting City Clerk 5. Resolution: Defending and Indemnifying State of Minnesota, L.I. 307, Myrtle Street Rehabilitation 6. Resolution: Approving installation of stop signs on Washington Avenue at Curve Crest Boulevard 7. Resolution: Authorizing preparation of Brick Pond feasibility study 8. Resolution: Approving employment of part-time street maintenance worker 9. Resolution: Establishing retainer/billing rate for City Attorney (per 1995 approved budget) 10. Approval: Contractor's license renewals (list attached) 11. Retaining McGladrey and Pullen for 1994 Audit 12. Approval: Purchase of binding machine 13. Approval: Purchase of computer stand 14. Approval: Finance Director to attend GFOA Conference 15. Permission for SEH to design civil portion of Caliber Ridge project 16. Approval: Purchase of fax machine, two portable cellular telephones, and terminal workstation with barcode reader. 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 City Council Agenda 95-3 January 17, 1994 Page 2 PUBLIC HEARINGS .~ 1. Case No. ZAM/95-4. This is the day and time for the public hearing to consider a zoning . ordinance map amendment rezoning the 10.47 acre CUB grocery store site at 2001 Washington Avenue from BP-C, Business Park Commercial, to BP-I, Business Park Industrial. Anderson Windows, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 6, 1995, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Resolution: Approving Development Agreement for Downtown Hotel (St. Croix Preservation Company, Inc.) 2. Award contraet for North Hill Historic Survey 3. Appointments: Park and Recreation Board Solid Waste Advisory Commission (Couneilliaison) Dispute Resolution Committee 4. Possible second reading of ordinance amending Stillwater City Code by adding deferral of assessments for permanently disabled property owners. NEW BUSINESS 1. Approval: Submit grant application for South Hill Historic Survey e 2. Possible increase of Parking Permit and Parking Violation Fees in Downtown Area 3. Approval: On-site septic system permit - North of Willow at First Street 4. Metro East Development Corporation - Membership PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 1. Tom Dusbabek, Broken-in-Sports - Reereation Trail between Bayport and Stillwater 2. Ed Cain - Basis for Request for Additional Levee Funds 3. Minnesota Department of Health - Wellhead protection program COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. e e e !e RESOLUTION NO. 95-10 APPROVING ELECTION OF ERIC C. THOLE AS COUNCIL MEMBER - WARD 2 WHEREAS, Councilmember Jay Kimble, representing Ward 2, was eleeted Mayor of the City of Stillwater at the November 8, 1994, general eleetion; and WHEREAS, Councilmember Kimble resigned as Couneilmember effective January 3, 1995, to assume the duties of Mayor, thus creating a vacancy on the City Council, and WHEREAS, the City Charter provides that the Council shall elect another person to fill the vacancy for the unexpired term of the vacant office, and that all vacancies on the Council, however created, shall be filled by a person who resides in the ward to which they are appointed, and WHEREAS, Eric C. Thole is a resident of Ward 2 and was elected by the Council to fill the vacancy, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that Eric C. Thole is appointed to fill the unexpired term of Ward 2 Councilmember. Adopted by Council this 17th day of January, 1995. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e ,e , Regular Meeting STILL WATER CITY COUNCIL MINUTES January 3, 1995 7:00 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell City Engineer Eekles Consulting Engineer Moore Police ChiefBeberg Fire Chief Ness City Clerk Weldon Press: Julie Kink, St. Croix Valley Press Mike Marsnik, Stillwater Gazette Others: APPROVAL OF MINUTES Motion by Couneilmember Bodloviek, seconded by Couneilmember Kimble to approve the minutes of the regular meeting of December 20, 1994. All in favor. ADJOURN Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adjourn the meeting at 7:15 p.m. All in favor. CALL TO ORDER Council Vice-President Kimble called the meeting to order. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Weldon administered the Oath of Office to Mayor Kimble, and Councilmembers Zoller and Bealka. Stillwater City Council Minutes Regular Meeting January 3, 1995 e RECOGNITION OF OUTGOING COUNCILMEMBERS Mayor Kimble presented plaques to outgoing Mayor Hooley and outgoing Councilmember Bodlovick. Councilmember Cummings commended Mayor Hooley. Police Chief Beberg and Fire Chief Ness presented a plaque to Mrs. Bodlovick. Mayor Kimble presented a silver coffee server and proclaimed January 7, 1995 as Ann Bodlovick Day in Stillwater. RECESS Council recessed at 7:30 p.m. and reconvened at 8:10 p.m. ROLL CALL Present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble. PETITIONS. INDIVIDUALS. DELEGA nONS AND COMMENDATIONS 1. James Laskin. City of Stillwater Chamber of Commerce - e Dave Peterson, president pro-tern and Jim Laskin, government relations committee chair, presente~ a City of Stillwat~r Chamber of COI!!!!!-.erce Charter Membership to the Stillwater City Council. - 2. Rob McGarry. McGarry-Kearney A~ency- Rob McGarry, the City's representative for LMCIT presented Council with a dividend check from the LMCIT in the amount of $45,037. STAFF REPORTS 1. City En~ineer - City Engineer Eckles updated Council on the Brick Pond erosion problem. He will submit recommendations and cost estimates at the January 17 meeting. 2. Fire Chief - Motion by Councilmember Zoller, seconded by Councilmember Cummings to approve the pay 2 e 't e Stillwater City Council Minutes Regular Meeting January 3, 1995 inerease of 50 cents per hour for volunteer firefighters on January 1, 1995, and 50 cents per hour on July 1, 1995; and 75 cents per hour for volunteer lieutenant firefighters on January 1, 1995. (Resolution No. 95-2) Ayes - Councilmember Bealka, Cummings, and Zoller Nays - None Abstain - Mayor Kimble Motion by Councilmember Zoller, seconded by Councilmember _Cummings to approve the purchase of six portable radios at a cost of up to $4,300 for the Fire Department, and three portable radios for the Police Department. All in favor. 3. Police Chief- Chief Beberg updated Council on the secretary-dispatcher position. A recommendation will be submitted to Council on January 17. UNFINISHED BUSINESS e 1. Resolution Desiinatini Leial Newspaper for 1995 Motion by Councilmember Cumm~ngs, seconded by ~uncilmember Bealka to adopt the appropriate resolution accepting the bids and designating The Courier News as the offieial newspaper for Couneil Proceedings Summary Form and the Stillwater Gazette as the official newspaper for legal notices. (Resolution No. 95-3) Ayes - Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Nays - None 2. Update on Downtown Hotel Proiect City Attorney Magnuson updated Council on the progress of the Downtown Hotel Project. Mr. Magnuson explained the abstract has now been delivered to the St. Croix Preservation Company. The purchase agreement provides the SCPC 45 days after delivery to examine the abstract, thus extending the closing date to February 8 without further Council action. Duane Hubbs, SCPC partner, addressed Council and stated that all financial information can now be disclosed. Bill Bell of Motel Development and Management addressed Council and reported that e 3 ,. Stillwater City Council Minutes Regular Meeting January 3, 1995 e his company is interested in pursuing purchase of the site if the development agreement with St. Croix Preservation Company is not completed. 3. Possible Appointments/Reappointments to Various Boards and Commissions Motion by Councilmember Cummings, seconded by Councilmember Zoller to appoint Peggy Doeksen to the Library Board. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Zoller to reappoint Rob Hamlin and Darwin Wald to the Planning Commission. All in favor. Motion by Councilmember Cummings, seconded by Couneilmember Bealka to appoint Judy Gulden to the Parks and Recreation Board. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Zoller to reappoint Del Peterson and Steve Wolff to the Parks and Recreation Board. All in favor. The reappointment of Michelle Roettger will be tabled until the January 17 meeting. Motion by Councilmember Cummings, seconded by Councilmember Bealka to reappoint R.J. Colombo and Earl Olson to the Port Authority. All in favor. e -- - ~~ Motion by COUncilmember Cummings, seconded by Couneilmember Zoller to reappoint Robert Kimbrel to the Heritage Preservation Commission. All in favor. Motion by Councilmember Bealka, seconded by Councilmember Zoller to reappoint Tim Schmolke and Janelle Borden and to appoint Craig Wallin to the Solid Waste Advisory Committee. All in favor. Motion by Councilmember Cummings, seeonded by Councilmember Zoller to direct staff to advertise the vacancy on the Dispute Resolution Committee. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Zoller to appoint Mayor Kimble to the Joint Cable Commission and to appoint Ann Bodlovick as the alternate. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Zoller to reappoint Gary Talbot as the resident representative on the Joint Cable Commission. All in favor. 4 e e e e "f Stillwater City Council Minutes Regular Meeting January 3, 1995 Motion by Councilmember Cummings, seconded by Councilmember Bealka to appoint Mayor Kimble to the Brown's Creek Water Management Organization and staff as the alternate. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Bealka to reappoint Katie Holdorph, Patrick Anderson, and David Swanson to the Downtown Parking Commission. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Bealka to appoint Councilmember Zoller as the Council liaison to the Planning Commission and Stillwater/Stillwater Township Joint Planning Commission. All in favor. Motion by Councilmember Zoller, seconded by Councilmember Bealka to reappoint Mary Ann Sandeen and Sue Nelson to the Library Board. All in favor. NEW BUSINESS 1. Elect Vice President for Council Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt the appropriate resolution electing Councilmember Cummings as City Couneil Vice President. (Resolution No. 95-4) _~ Ayes - Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Nays - None 2. Confirm dates for 1995 Local Boards of Review Motion by Councilmember Cummings, seconded by Councilmember Zoller to set the dates for the Local Boards of Review for April 19, 3 to 6:00 p.m., and May 2, at 4:30 p.m. All in favor. 3. Possible first reading of an ordinance relating to deferral of special assessments for permanently disabled property owners. Motion by Councilmember Cummings, seconded by Councilmember Bealka to have a first reading by title of an ordinance relating to deferral of special assessments for permanently disabled property owners. All in favor. 5 t' Stillwater City Couneil Minutes Regular Meeting . January 3, 1995 e 4. Schedule special Couneil meetin~ to interview Ward 2 candidates. Motion by Councilmember Cummings, seconded by Councilmember Bealka to set a special meeting for January 10, 1995 at 8:00 p.m. to interview Ward 2 candidates. All in favor. Motion by Councilmember Zoller, seeonded by Councilmember Bealka to direct staff to have the Ward Network forum on Saturday, January 17 videotaped and submitted for cablecast. All in favor. . Motion by Councilmember Cummings, seconded by Councilmember Bealka to direct the City Coordinator to prepare interview questions for the Council special meeting on January 10, 1995. All in favor. CONSENT AGENDA Motion by Councilmember Bealka, seconded by Couneilmember Zoller to approve the Consent Agenda of January 3, 1995, including the following: (All in favor) 1. Directing Payment of Bills (Resolution No. 95-1) 2. Designating Depositories for 1995 (Resolution No. 95-5) e 3. Approving Change Order No.1, Marketplaee Lift Station, L.I. 301 (Resolution No. 95-6) 4. Authorizing purchase of two new squad cars. 5. Employing ~ill Peltier as full-ti!lle firefighter (ResqJ~tion No. 95-7) 6. Authorizing hiring process for one new police patrol officer. 7. Authorizing promotion process for one Police Officer to Patrol Sergeant. 8. Authorizing promotion process for Assistant Fire Chief. 9. Authorizing release of grading eserow. 10. Renewal of Taxi License - Valley Chauffeurs. Renewal of Towing License - Stillwater Towing. 11. Request for use of Lowell Park and hanging of banners - Rivertown Art FestivallFall Colors Art Festival. Ayes - Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Nays - None Motion by Councilmember Bealka, seeonded by Councilmember Cummings to have a first reading by title of an ordinance amending Ordinance No. 791, establishing requirement ofa lot development plan, a grading escrow, and an as-built survey for all new building construction. All in favor. 6 e e e e 'l' Stillwater City Council Minutes Regular Meeting January 3, 1995 COUNCIL REQUEST ITEMS Motion by Councilmember Cummings, seconded by Councilmember Zoller to approve the attendance of Councilmembers Bealka and Zoller at the League of Minnesota Cities Conference for newly elected officials. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seeonded by Councilmember Bealka to adjourn the meeting at 9:25 p.m. All in favor. MAYOR ATTEST: CITY CLERK Resolutions: No. 95-1 - Directing payment of bills. No. 95-2 - Pay Jncrease for volunte_er firefighters. No. 95-3 - Designating The Courier as official newspaper for council proceedings in summary form and the Gazette official newspaper for public notices. No. 95-4 - Electing Councilmember Cummings as Vice President for Council. No. 95-5 - Designating Depositories for 1995. No. 95-6 - Approving Change Order No.1, Marketplace Lift Station, L.I. 301. No. 95-7 - Employing Bill Peltier as full-time firefighter. Submitted by: Shelly Schaubach Secretary 7 ( St. Croix Valley Office 200 E. Chesmut St. Stillwater, Minnesota 55082 Office (612) 430-3200 FAX (612) 430-7575 e e .. oJ January 12, 1995 Stillwater City Hall 216 N. Fourth St. Stillwater, Minnesota 55082 Dear Honorable Mayor, & Council members, I am writing for Rick & Jan Kutz, the applicants for the Kutz subdivision off of Eagle Ridge Trail and Green Twig Way. The Kutzs are requesting that the council at their meeting on Tuesday, January 17th, review the councils' decision to require them to provide a letter of credit for the improvements to their property and remove that condition. They believe that the letter of credit condition is, first, not necessary because the lots will be assessed. Secondly, after reviewing other developers agreements that the city has entered into that it appears that the Kutzs are not receiving fair and equal treatment from the city of Stillwater as no other developer has been required to provide a letter of credit. Thirdly, that after conversation with legal counsel the city has no legal right to make the additional requirement. Fourth and lastly, the Kutzs have been forced to go the extra mile all along the approval process because certain council members have their own personal desires for the 3+ acres and will do anything to stop Rick & Jan. As you are all aware the Kutzs have fulfilled every city requirement and ordinance from day one. They have not asked for any variance or special treatment. All they want is to be treated like all the other subdivisions have been treated. Hopefully, the new mayor and council will treat them that way and remove the letter of credit requirement and not force the Kutzs to bring the attorneys back into action. m@ ReALTOR- ::::;.~ Edina Real, "A Family Tradition Since 1956" 11M St. Croix Valley Office If you have any questions or would like to discuss this further please contact me at the number and address below. 200 E. Chesmut St. Stillwater, Minnesota 55082 Office (612) 430-3200 FAX (612) 430-7575 Dave Harvieux 200 E. Chestnut St. Stillwater, Minnesota 55082 430-7556 cc: Rick & Jan Kutz cc: John Bannigan, Jr. cc: Jim Hanton I e e e [B.~ AEAlTOA ........." e ion on z:e the ietails rt the priate n. pcess i I I i I City ~ and ! tural r- e , \ Stillwater City COWlcil Minutes Regular Meeting .~ t,~Nov~mber 15, 1994 ...., - :; ",-: .' .. '." _ _ . ,',' ...J ;.. I' 4. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a second reading of an ordinance amending Ordinance 427, Defining Urban and Rural Taxing Districts. All in favor. . ...:....~,-.;;.-- - -~~~:~.~; -'-:='~~::..,:'~~~~~ i ~ 6. Authorization for Cancer Study '- . .."- ------- -:,_.:- . _-:-. .'d~ .~d .;i~~~:;.:~~...-::::.;. _i . ....-.........-"'.: . Motion by COWlcilmember Kimble, seconded by Councilmember Zoller to ~uthorize_. approximately $1500 for further study of brain cancer incidents in the City of Stillwater. All in-~ favor. - --".j - . -:.. ~ '\. 7. Resolution: Approving: Development AlZ!eement - Wild Pines 5th Addition ....-:c.-.....--.... ..... t. - :.t,::/~.. -o~--~ - -:.:.-#.~:.~ ._-'.- .-.~..-.._-.. ... ... L i " o' ~ . ".~; . ~ .......;-, 7...~.-;i;:::'"J.=. :"'i..~.;;~~f~-~~ Motion by Councilmember Bodlovick, - seconded by COWlcilmember. Kimble o_~' adopt.~ t.!':.e ~~ appropriate resolution approving the Development Agreement; Wild Pines 5th Addition, and .~~ authorizing the Mayor and City Clerk to-~gn. (Resolution No. 94-295) .:......:.:~.~.;c .:~~~\~~:-;-;:b;~: ,_~;:,:~-:-: ~~. - ~:7:~::::_~.z:~~:~:~~1J :7.::ili~:" ~;,.~~:;rrl~T~~~. ',-..! Ayes _ Councilmembers Bodlovick, Cummings, Kimble, Zoller~d.~ayo!H~ole.r..tr:~~""- Nays _ Non .. ' . -..., .,-;. -:- . ..::_,..._;.~~_7l.;~_.~"n ~~~,.'..:.~~..;.:t:;:',; ~4i~" e . ..-,- ,'" ...:-- ' . ._~-:.~~;~,-..~~,"- c,~~.......-r.:.:::::~:::~m.,...!~-'XU,~~ ._'~:: _7,...._~ <rli '~!...~~r-f~!,-=-","';;'~i"'Ruii~i;~:'<aL~rUTrJ~'1-~~:;DI;~'.":' ~;~~.".:..' NEW BUSINESS. .... ~ .' . .~,~=--,.:._'.;;<;;-:-.::?s!.~s=~0f4~f;;J~;.;~....~...~-'71 . .,__. ,.".:....-;_ 'y.'-:- ;;-.~'.;~ ,.._:.:n~-:.,.:w.._"~n.en.:~~'1Ut~\o.,,,~~wea .c-- . . _ ' . .....:::....!.~"-.:~-=-~.::..::~;;._;. "-_~~'?:~:..;,_~i~.'J-;'>>15 1OOC.r..L.-::ur-- . .~. 1. Renort: Ward Network/Comprehensive Plan.-.~,.,'~'s~.:-~_r~~-:-,":-:~.~ ::...~~.=~~=:;;.7' . . , , ",':.:' -~::. ~ ~~:-i..:~i j-;S,::1;t~ii.:~;j~i;f~fi6! -_.~. Mike Anderson presented the Ward Network Report. -~t"'~~..rt ,.,.-r:',....ic,;.~ '~.;.;-:"uf~~ .~ __.-:ww.. ~~~:;-;.,;.-- '11r~-?-1 Motion by Councilmember Kimble, seconded by Councilmember Cnmmings to refer the results ..~.::' of the joint task force to the Planning Commission. All in favor. ....i:! .- 4 _'U .. .... . -".-, . ~ . T .1 - 2. petition for Public Improvements - Kutz Addition Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution declaring adequacy of the petition and ordering preparation of report, Kutz Additio~ . and directing staff to prepare an amended Development Agreement and feasibility study. (Resolution No. 94-296)('/J~~~ ~~ !"~. ~ Ayes _ Councilmember Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley ~ Nays - None .. . .... '. ~ i f ! I . , : 3. Levee Funding: - Re?ort and Billing . j 1 I 5 .:."" e e e , I Second Draft August. 16, 1994 DEVELOPMENT CONTRACT RELATING TO THE PLAT OF KUTZ'S ADDITION BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND RICHARD W. AND JANET R. KUTZ This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, suite 260 P.o. Box 438 stillwater, MN 55082 DEVELOPMENT CONTRACT e THIS AGREEMENT, made and entered into this day of , 1994, by and between the city of stillwater, a political subdivision of the state of Minnesota, (hereinafter called the "City"), and Richard W. and Janet R. Kutz, husband and wife, (hereinafter called the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: Section 1. Recitals. 1. 0 1. The Property. The Developer is the contract purchaser of the Property described in the proposed plat of Kutz's Addition to the City of stillwater. 1.02. Subdivision. The Developer has made application to the city under the City zoning ordinance and its subdivision ordinance to develop the property with single family residential uses. The Planning Commission and the city Council have reviewed the application in accordance with Minnesota Law and city ordinances. The City has agreed to approve the plat and to accept Deeds of Dedication of the public facilities within the plat, subject to full performance by the Developer of all its obligations of this agreement. 1.03. Public Improvements. The D~veloper has requested that, at its expense, it be allowed to construct the public streets lying within the property, and the storm waste facilities described on the proposed plat and any improvements necessary to serve the Project ("Public Improvements"). The City is willing to allow the Developer to construct and install the Public Improvements, only if the conditions set forth in this Agreement are satisfied. e 1.04. Public Improvements: Plans, Specifications. The City agrees to authorize Short, Elliot and Hendrickson, (the "Consulting Engineer") to review and approve the plans and specifications for the Public Improvements. The specifications shall be both to city standards, MnDOT standards for street construction and the rules and regulations of the Board of Water Commissioners. Approval by the Consulting Engineer of the plans and specifications for the Public Improvements shall be a condition of this Agreement. 1.05. Public Improvements, Warranty. Developer agrees that the work will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City in their plat approval. All work done pursuant to this contract shall be subject to the inspection and approval of the Consulting Engineer, who shall have the authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. In the case of any material or labor that is supplied and that is rejected by the Consulting Engineer as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the satisfaction and approval of the Consulting Engineer at the sole cost and expense of the Developer. This warranty shall extend for two years beyond the completion date of the Public Improvements. 1.06. Public Improvement Schedule. The Developer further agrees that it will commence work on the improvement on or before , 1994, and will have all work done and the improvements fully completed to the ~ 1 e satisfaction and approval of the city on or before September 1, 1995. The Developer shall be excused from the strict completion date if written notice is received from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work. In that event, the city may extend the completion date. Sect.ion 2. Developer's Represent.at.ions. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01. No Disabilit.v. The Developer knows of no legal disability that would prevent it from carrying out this Agreement. 2.02. Ownership. The Developer is well seized in fee simple of the Property with marketable title. 2.03. Execut.ion No Violat.ion. The execution, delivery and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party or by which it or the property is bound. 2.04. Lit.iqat.ion. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations'under this Agreement. 2.05. Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments. e Sect.ion 3. Security. 3.01. Consult.ant. Fees and Charqes. The Developer will pay to the city when due, all consultant fees incurred by the City in behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, and reasonable administrative expenses associated with Public Improvements. "t~;imate of these expenses shall be made available by the city to the De~oper if requested in writing by the Developer. 3.02. Public Improvement. Cost.s Let.t.er of Credit.. Prior to beginning work, Developer shall furnish to the city a Letter of Credit issued by a bank previously approved by the city in the form attached as Exhibit "B" which shall guarantee payment of the cost of Public Improvements and performance of the Developer's obligation contained in this Agreement at a cost of no less than $ ~ t ,fc,~ . At least thirty (30) days prior to the expiration of any e ter of Credit provided under this Section Developer shall provide the City with a replacement Letter of Credit which shall extend at least one year beyond the expiration date of the Letter of Credit then in effect or, if earlier, until a date which is sixty (60) days beyond the contractor's written estimated date for completion of the Public Improvements, or Developer shall be in default hereunder with no opportunity to cure and the City may immediately draw upon the Letter of Credit then in effect. Developer may at any time secure a reduction of the face amount of any Letter of Credit then in effect by an amount equal to the amount which it has disbursed to any contractor for construction of the Public Improvements, except that at least 25% of the Letter of Credit shall remain available to the City for a period of one year beyond the completion date of the Public Improvements. Any letter of credit provided under this Section shall permit the City to draw upon it for the full face amount thereof, as reduced from time to time as provided herein, upon 10 ~ :,e 2 days' written notice to the Developer of its opportunity to cure, or immediately in the event Developer fails to comply with any obligation stated in this Section with respect to replacement Letters of Credit. _ section 4. Developer's Undertakinqs. 4.01. Easements. The Developer shall furnish to the city upon request and without charge, all permanent easements as designated in the plat and the plans and specifications, and deeds to property deemed necessary by the city for the location, construction, installation and operation of the Public Improvements to be constructed on the Property, in form and content satisfactory to the City. The City, as owner of Outlot A of the plat, reserves the right to maintain a walkway easement adjacent to the driveway proposed to be constructed for access to Lot 3, and over portions of the traveled surface of Kallie Court and the design of the Public Improvements shall accommodate this reservation. 4.02. Park Dedication Fee. The Developer shall, as a condition of this Agreement, comply with the Park Dedication requirement of the City plat approval process and pay the sum of $ in lieu of land dedication. 4.03. Erosion Control Measures Durinq Construction. Developer agrees that it will construct erosion cont~ol devices in conformance with the approved Construction Plans for the Public Improvements. This plan shall protect the adjacent ponds and wetlands from erosion, pollution and siltation during the construction of the Public Improvements and shall be approved by the Washington County Soil and Water Conservation District. 4.04. Erosion Control Plan, storm Water Improvements. Developer agrees to submit to the City an erosion control plan that will protect the storm water facilities within the plat and adjacent ponds and wetlands from erosion, pollution and siltation during the time that the Developer or its successors and assigns are constructing buildings on the lots included in this plat. The Developer shall be responsible to carry out this plan for five (5) years, after the date of this agreement. e 4.05. Middle st. Croix Watershed Manaqement Orqanization (MSCWMO). Developer acknowledges that the property is regulated by MSCWMO, and Developer agrees to follow MSCWMO regulations with regard to the property, and that a -default or violation of any of their regulations is a default as defined in this agreement. 4.06. city Requlations. Developer acknowledges that the property is regulated by the City of Stillwater and that a default under City ordinances or condition of approval of any permit is a default as defined in this agreement. The following conditions of approval imposed by the City Council as part of subdivision Applications No: Subj94-18 are made conditions of this agreement. (a) A storm water management plan shall be prepared by the Developer and filed with and approved by the Community Development Director before final plat approval. (b) A grading, drainage and erosion control plan shall be prepared by the Developer and filed with and approved by the Community Development Director before final plat approval. (c) Filling shall be permitted on building pad sites, only as previously approved by the Community Development Director. 3 _I (d) All road and drainage improvem~nts shall be set back at least 50 feet from any delineated wetlands. . e (e) The building and development plans for Lots 1, 2 and 3 shall be reviewed by the community Development Director before any development of the lots occurs to ensure that at least 50% of the tree canopy is maintained. (f) Asphalt surfacing shall be installed on any roads in conformance with MnDOT standards and regulations. (g) No home construction shall be started before the installation of at least one course of asphalt. 4.07. Damaqe to city Facilities. The Developer shall be responsible for any damage caused to any city facilities or improvements including roads, storm water systems, sewer and water facilities, by the Developer, its contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City in taking remedial action. section 5. Insurance. 5.01. Insurance. Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the city, furnish the city with proof of payment of pr~miums on: e (a) comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (b) comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. ' (c) Workers' Compensation insurance respecting all employees of Developer in amounts not less than the minimum required by statute. section 6. Restrictions on Transfer: Indemnification. 6.01. Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, its employees and agents, in connection with the Project. 6.02. Enforcement by city: Damaqes. The Developer acknowledges the right of the city to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer the City may commence legal action to recover all damages, e 4 losses and expenses sustained by the City; and .that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. e section 7. Events of Default. 7.01. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, anyone or more of the following events: (a) Subject to Unavoidable Delays, failure by Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. (b) Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 7.02. Remedies on Default. Whenever any Event of Default occurs, the City may take anyone or more of the following actions: (a) The City may suspend work on the project and its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance uQder the Agreement. (b) The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or under the Letter of Credit described in S3.02. Section 8. Administrative Provisions. e 8.01. Notices. All Notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Nile Kriesel, Coordinator City of Stillwater 216 N. 4th street Stillwater, MN 55082 If to Developer: Richard W. and Janet R. Kutz 921 South Harriet Street Stillwater, MN 55082 The City and the Developer, by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. section 9. Additional Provisions. 9.01. Titles of sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 9.02. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. 5 e e e e 9.03. Modification. I f Developer is requested by the Holder of .a Mortgage or by a prospective Holder of a prospective M0rtgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 9.04. Law Governinq. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.05. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. section 10. Termination of Aqreement. 10.01. Termination. This Agreement shall terminate at the time all of the Developer's obligations hereunder have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed witn its corporate seal; and the Developer has executed this Agreement at stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER (SEAL) By: Charles M. Hooley, Its Mayor and Morli Weldon, Its City Clerk DEVELOPER Richard W. Kutz Janet R. Kutz STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) On this day of , 1994, before me, a Notary Public within and for said county, appeared Charles M. Hooley and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged that said instrument was the free act and deed of the city. Notary Public 6 STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) On this day of , 1994, before me, a Notary Public within and for said County, appeared Richard W. Kutz and Janet R. Kutz, to me personally known, who, being duly sworn, did say that they are the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 7 e e e e e 'e ,\ EXHIBIT "A" All that part of the Northwest Quarter of the Northeast Quarter (NW~ of NE~) of Section Twenty-nine (29), Township Thirty (30) North, Range Twenty (20) West, lying South of the right-of-way of the Minneapolis and st. Paul Suburban Railway Company (which right-of-way is now abandoned) containing 3.032 acres, more or'less; and The South Twenty-five (25) feet of the said right-of-way of the Minneapolis and St. Paul Suburban Railway Company, being a One Hundred (100.00) foot wide strip across the Northwest Quarter of the Northeast Quarter (NW~ of NE~) of said Section Twenty-nine (29), Township Thirty (30) North, Range Twenty (20) West, which right-of-way is now abandoned; and Together with an easement for ingress and egress over and across the now abandoned right-of-way of the Minneapolis and St. Paul Suburban Railway Company being a 100 foot wide strip across the Northwest Quarter of the Northeast Quarter (NW~ of NE~) of said section 29, Township 30 North, Range 20 West, except the Southerly 25 feet thereof. Also the right to install sewer, water and other utilities in said right-of-way. I~ _ MEMORANDUM TO: Dave Magnuson, City Attorney FROM: Klayton Eckles. City Engineer 'Lr: / \. SUBJECT: Engineer's Estimate for Kutz Addition Improvements PA TE: September 28, 1994 /-..3 part of the developer's agret.-ment, the develo~ of the Kutz Addition must provide a perti.)rmance b:)nd based on the Engineer's estimate for the project Looking at the quantity of work involved. it appears that the approximate project cost for the contract work will be $80,000. The developer's agreement requires 125% of this amOlmt, therefore, $100,000 bond should be required of the developer. _ 7-;' ~OtJ .I I"~ -- 3 (P!J- },b ~ ~qllb>O J _I e e Ie MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GAlLERY 324 SOUfH MAIN STREET SUITE 1260 P.O. BOX 438 Srn.I..WATEll,!\IN 5S082 TEUl'BONE:(612) 439-9464 TELECOPIER:(612) 439-5641 LEGAL ASSISTANTS DAVID T. MAGNUSON MATTHEW A. STAEHLING I\fELODIE ARVOLD SHELLEY SUNDBERG FACSIMILE COVER SHEET DATE: ~ '-I } /111 L- TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: TO: p~,~ FAX NUMBER: l(?/lJ - 7 tJ :2 c.f FROM: RE: SPECIAL REMARKS: pv-de~~~ c -r~ ~ " Y./2~/lf CJ0~5""O -au ~ ~~Vt1"_D . ~ 73/ ~O-D If you did not receive all pages, please contact: j}r-~ at (612) 439-9464. .. \ The information contained in this facsimile message is attorney privileged and confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this fax in error, please immediately notify us by telephone, and return the original message to us at the above address via the U. S. Postal Service. We will be responsible for postage costs. EXHIBIT "B" IRREVOCABLE LETTER OF CREDIT NO. e TO: City of stillwater Washington County Minnesota We hereby issue an irrevocable stand-by Letter of Credit No. in favor Stillwater, Minnesota (the "City"), for account of . A. (the "Applicant ") , which is av~a' labl by negotiation of Ci s draft at ght on or before the I~day of , 1995, for 100% 0 statement value, up to an amount not to exceed .:l. ~. " Dollars, accompanied by a written statement, executed by the Mayor of the ity or its designee, bearing the number of this Letter of Credit and stating that the amount of the City's draft covers the indebtedness of the Applicant to the City provided for in section 3.02 of the "Development Agreement" by and between the City of stillwater and the Applicant approved by the City as of the day of , 1994, as amended. We hereby agree with the City that all drafts drawn under and in substantial compliance with the terms of this credit will be duly honored on presentation. This credit shall be construed in accordance with the laws of the State of Minnesota including, in particular, Minnesota Statutes, Section 336.5-101 to 336.5-117 (Uniform Commercial Code, Article 5, Letters of Credit). By Its e e --. e e e. L..L ~d '1 t(gfPJ)f DEVELOPMENT AGREEMENT RELATING TO MYRTLEWOOD BY AND BETWEEN THE CITY OF STILLWATER, MINNESOTA AND RICHARD L. HUELSMANN This agreement was drafted by: David T. Magnuson Magnuson Law Firm The Grand Garage & Gallery 324 South Main Street, #260 Stillwater, MN 55082 d section 2. Developer's Representations. The Developer hereby represents, warrants and covenants to th~ city that as of the date of this Agreement, the statements set forth in this section are true and correct. 2.01. No Disabilitv. The Developer is an individual, who is not now married, and is of legal age and knows of no legal disability that would prevent him from carrying out this Agreement. e 2.02. Ownership. The Developer is well seized in fee simple of the Property and has marketable title to the real estate described in the plat. 2.03. Execution No Violation. The execution, delivery and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party or by which it or its property is bound. ,- 2.04. Litiqation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform his obligations under this Agreement. 2.05. Compliance. The Developer will comply with and duly and promptly perform all of his obligations under this Agreement and all related documents and instruments. section 3. Developer's Undertakinqs. 3.01. Easements. The Developer shall furnish to the City upon request and without charge, all permanent and construction easements; as designated in the plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developer and the City) and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Improvements to be constructed on the property by the City, in form and content satisfactory to the City. 3.02. Assessments and Charqes. The Developer will pay to the City when due, all consultant fees incurred by the City in behalf of or at the request of the Developer, all special assessments, interest and other amounts due with respect to the Project as hereinafter provided and will pay to the City when due, all permit fees, connection charges, user charges or other ~harges lawfully imposed by the City, with respect to all portions of the Property, when the fees or charges are incurred or become due. e 3.03. Transfer of Pro;ect. Unless and until all bonds issued by the City to finance the Improvements are paid in full or discharged in accordance with the resolutions authorizing their issuance, the Developer shall not voluntarily sell, assign or transfer substantially all of his interest in the Project or any part thereof without the written consent of the City, which shall not be unreasonably withheld. This shall not prevent or apply to the sale, in the ordinary course of business, of lots to individual owners or contractors for the construction of residences, but the sale shall in no way affect or diminish the obligations of the Developer under this Agreement. 3.04. Park Dedication Fee. The Developer shall, as a condition of this Agreement, comply with the Park Dedication requirement of the City plat approval process and pay the sum of $4,107.00 in lieu of land dedication. 2 e, section 4. city's Undertakinqs. e 4.01. Improvement No. 304. The City shall order the construction of Local Improvement No. 304 in accordance with law, and shall forthwith award and enter into a contract for the construction of the Improvements and shall cause the Improvements to be constructed in accordance with the plans and specifications. The City shall have the right to order such modifications in the work and the construction contract therefor as are recommended by the Consulting Engineer and are deemed necessary by the city. Copies of all proposed modifications in the construction contract or the work shall be furnished to the Developer prior to its consideration and approval by the City Council. 4.02. Financinq. The City shall sell and issue its General Obligation Improvement Bonds, pursuant to Minnesota statutes, Chapter 429, in an amount sufficient with all moneys "'.vailable and appropriated for the purpose, to finance its obligations hereunder. Section 5. Cost Recovery. 5.01. Cost of Improvements. For the purposes of this Agreement and all proceedings and actions taken by the City council hereunder with respect to Improvement No. 304, the Developer and the City acknowledge and agree that the cost of the Improvements shall include those elements specified in Exhibit "B". Upon completion of the work and payment of all costs of the Improvements, the City shall compute the actual cost of the Improvements and the amount thereof allocable to the Property, and shall furnish the same to the Developer together with the calculations made by the City to arrive at the amounts. The City Coordinator shall thereafter provide to the Developer all such further information and documents as are requested in order to verify the costs and computations. e 5.02. Levv of Special Assessments: Procedure. Not less than 45 days after the City has furnished its computations to the Developer, the City may levy special assessments with respect to the Improvements on the Property, in the manner specified in Minnesota statutes, Section 429.061. 5.03. Special Assessments: Amount and Allocation. The amount of the special assessments levied on the Property as a whole shall be based upon the actual cost of the Improvements insofar as available and.on reasonable estimates of the cost insofar as actual costs are not available, as reasonably determined by the city. The amount of the cost to be allocated to and specially assessed against the Property as a whole shall be determined in accordance with the feasibility report and Exhibit "B", which may be revised from time to time to reflect any add-on, add-alternates or change orders that are duly made in the construction contracts for construction of the Improvements. The Developer agrees that the allocation is fair and reasonable and will result in the allocation of costs and the levy of special assessments on the Property as a whole, which are equal to or less than the special benefit accruing to the Property from the Improvements. The Developer expressly waives the right to object to the assessment proposed to be levied against the Property hereunder. This waiver is freely given in consideration for the benefits that the Developer expects to receive from the development of the Property. Section 6. Additional Security. 6.01. Payment of Estimated Assessments. Upon the sale or transfer of any e 3 lot or parcel of the Property prior to the actual levy and filing of the special assessments, the Developer shall pay to the city Treasurer an amount equal to 110% of the amount of the special assessments which would be levied on the lot or parcel based upon the estimated cost of the Improvements and the estimated assessments as determined by the city. e Section 7. General Provisions. 7.01. Buildinq Permits. The City agrees to allow the Developer to begin construction of one dwelling house on a specific lot within the Development even though the public utilities have not been completed. The Developer agrees that he shall be solely responsible for setting elevation on this house and hereby releases and holds the city harmless from any damage associated therewith. He also agrees that the construction will be done in a manner that will not interfere with the construction of the public utilities. The Developer warr~nts that no occupancy will be made of this house until a Certificate of Occupancy is issued by the City. 7.02. Enforcement bv Citv: Damaqes. The Developer acknowledges the right of the city to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that his failure to perform any or all of his obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include but are not limited to the ~easonable fees of legal counsel employed with respect to the enforcement of this Agreement. 7.03. Termination. This Agreement shall terminate when all of the bonds issued to finance the cost of the Improvements pursuant to this Agreement, and the interest thereon, have been paid in full or the City's obligation with respect thereto has been discharged in accordance with law and the resolutions authorizing their issuance; provided that all of the Developer's financial obligations accruing under or pursuant to this Agreement prior thereto, including its obligation to pay the special assessments levied on the Property when due, shall survive the termination and continue to be enforceable by the city. e section 8. Administrative Provisions. 8.01. Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the united States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: city of stillwater City Hall 216 North Fourth street stillwater, MN 55082 If to the Developer: Richard L. Huelsmann 12610 North 62nd street Stillwater Township Stillwater, MN 55082 The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. 4 e --:- .--:-- e e I. ( '\ 1~ -€y~ r;"....... DEVELOPMENT AGREEMENT RELATING TO WILD PINES 5TH ADDITION BY AND BETWEEN THE CITY OF STILLWATER, MINNESOTA AND WILLIAM J. LECUYER AND JOSEPHINE LECUYER This agreement was drafted by: David T. Magnuson Magnuson Law Firm The Grand Garage & Gallery 324 South Main Street, #260 Stillwater, MN 55082 ~ construction of the Improvements, and to pay and finance the cost thereof as hereinafter provided. The City is willing to take this action, but only on the terms and conditions, and in consideration of the Developers' representation set forth in this Agreement. , I .~...;. ~ Section 2. Developers' Representations. The Developers hereby represent, warrant and covenant to the City that as of the date of this Agreement, the statements set forth in this section are true and correct. .- 2.01. No Disabilitv. The Developers are individuals, who are noW married, and are of legal age and know of no legal disability that would prevent them from carrying out this Agreement. 2.02. Ownership. The Developers are well seized in fee simple of the Property and have marketable title to the real estate described in the plat. F I 1- 1..- 2.03. Execution No Violation. The execution, delivery and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developers are a party or by which it or its property is bound. 2.04. Litieation. There are no pending or, to the knowledge of the Developers, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developers or the ability of the Developers to perform their obligations under this Agreement. 2.05. Compliance. The Developers will comply with and duly and promptly perform all of their obligations under this Agreement and all related documents and instruments. Section 3. Developers' Undertakines. 3.01. Easements. The Developers shall furnish to the City upon request and without charge, all permanent and construction easements; as designated in the plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developers and the City) and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Improvements to be constructed on the property by the City, in form and content satisfactory to the City. e 3.02. Assessments and Charees. The Developers will pay to the City when due, all consultant fees incurred by the City in behalf of or at the request of the Developers, all special assessments, interest and other amounts due with respect to the Project as hereinafter provided and will pay to the City when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City, with respect to all portions of the Property, when the fees or charges are incurred or become due. 3.03. Transfer of Project. Unless and until all bonds issued by the City to finance the Improvements are paid in full or discharged in accordance with the resolutions authorizing their issuance, the Developers shall not voluntarily sell, assign or transfer substantially all of their interest in the Project or any part thereof without the written consent of the City, which shall not be unreasonably withheld. Nothing herein shall prevent or apply to the sale, in the ordinary -2- e (- ....... I' course of business, of lots to individual owners or contractors for the construction of residences, but the sale shall in no way affect or diminish the obligations of the Developers under this Agreement. e Section 4. City's Undertakin~s. 4.01. Improvement No. 305. The City shall order the construction of Local Improvement No. 305 in accordance with law, and shall forthwith award and enter into a contract for the construction of the Improvements and shall cause the Improvements to be constructed in accordance with the plans and specifications. The City shall have the right to order such modifications in the work and the construction contract therefor as are recommended by the Consulting Engineer and/or are deemed necessary or desirable by the City. Copies of all proposed modifications in the construction contract or the work shall be furnished to the Developers prior to their consideration and approval by the City Council. 4.02. Financine. The City shall sell and issue its General Obligation Improvement Bonds, pursuant to Minnesota Statutes, Chapter 429, in an amount sufficient with all moneys available and appropriated for the purpose, to finance its obligations hereunder. Section 5. Cost Recovery. e 5.01. Cost of Improvements. For the purposes of this Agreement and all proceedings and actions taken by the City Council hereunder with respect to Improvement No. 305, the Developers and the City acknowledge and agree that the cost of the Improvements shall include those elements specified in Exhibit "B". Upon completion of the work and payment of all costs of the Improvements, the City shall compute the actual cost of the Improvements and the amount thereof allocable to the Property, and shall furnish the same to the Developers together with the calculations made by the City to arrive at the amounts. The City Coordinator shall thereafter provide to the Developers all such further information and documents as are requested by it in order to verify the costs and computations. 5.02. Levy of Special Assessments; Procedure. Not less than 45 days after the City has furnished its computations to the Developers, the City may levy special assessments with respect to the Improvements on the Property, in the manner specified in Minnesota Statutes, Section 429.061. 5.03. Special Assessments: Amount and Allocation. The amount of the special assessments levied on the Property as a whole shall be based upon the actual cost of the Improvements insofar as available and on reasonable estimates of the cost insofar as actual costs are not available, as reasonably determined by the City. The amount of the cost to be allocated to and specially assessed against the Property as a whole shall be determined in accordance with the feasibility report and Exhibit "B", which may be revised from time to time to reflect any add-on, add-alternates or change orders that are duly made in the construction contracts for construction of the Improvements. The Developers agree that the allocation is fair and reasonable and will result in the allocation of costs and the levy of special assessments on the Property as a whole, which are equal to or -3- e r less than the special benefit accruing to the Property from the Improvements. The Developers expressly waive the right to object to the assessment proposed to be levied against the Property hereunder. This waiver is freely given in consideration for the benefits that the Developers expect to receive from the development of the Property. e Section 6. Additional Security. 6.01. Payment of &timated Assessments. Upon the sale or transfer of any lot or parcel of the Property prior to the actual levy and filing of the special assessments to be levied thereon as herein provided, the Developers shall pay to the City Treasurer an amount equal to 110% of the amount of the special assessments which would be levied on the lot or parcel based upon the estimated cost of the Improvements and the estimated assessments as determined by the City. Section 7. General Provisions. 7.01. Buildine Permits. The City agrees to allow the Developers to begin construction of one dwelling house on a specific lot within the Development even though the public utilities have not been completed. The Developers agree that they shall be solely responsible for setting elevation on this house and hereby release and hold the City harmless from any damage associated therewith. They also agrees that the construction will be done in a manner that will not interfere with the construction of the public utilities. The Developers warrant that no occupancy will be made of this house until a Certificate of Occupancy is issued by the City. 7.02. Enforcement by City: Damaa:es. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance _ or damages, or both, or by any other legally authorized means. The Developers also . acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include but are not limited to the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 7.03. Termination. This Agreement shall terminate when all of the bonds issued to finance the cost of the Improvements pursuant to this Agreement, and the interest thereon, have been paid in full or the City's obligation with respect thereto has been discharged in accordance with law and the resolutions authorizing their issuance; provided that all of the Developers' financial obligations accruing under or pursuant to this Agreement prior thereto, including its obligation to pay the special assessments levied on the Property as herein provided when due, shall survive the termination and continue to be enforceable by the City. Section 8. Administrative Provisions. 8.01. Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: -4- e e e e - " ( ( ~~ DEVELOPMENT AGREEMENT RELATING TO PINE HILL ESTATES BY AND BETWEEN THE AND CITY OF STILLWATER, MINNESOTA CLARK R. NYBERG AND VICTORIA L. NYBERG This agreement was drafted by: David T. Magnuson Magnuson Law Firm The Grand Garage & Gallery 324 South Main Street, #260 Stillwater, MN 55082 r Agreement. section 2. Develooers' Reoresentations. The Developers hereby represent, warrant and covenant to the city that as of the date of this Agreement, the statements set forth in this section are true and correct. ~-\' ~...,~-;...- 2.01. No Disabilitv. The Developers are individuals, who are now married, and are of legal age and know of no legal disability that would prevent them from carrying out this Agreement. 2.02. Ownershi~. The Developers are well seized in fee simple of the property and have marketable title to the real estate described in the plat. . '$. 2.03. Execution No Violation. The execution, delivery and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developers are a party or by which it or its property is bound. ,~~,.q~T; 2.04. Litiaation. There are no pending or, to the knowledge of the Developers, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developers or the ability of the Developers to perform their obligations under this Agreement. ~<:;.. 2.05. comoliance. The Developers will comply with and duly and promptly perform all of their obligations under this Agreement and all related documents and instruments. section 3. Develooers' Undertakinas. 3.01. Easements. The Developers shall furnish to the city upon request and without charge, all permanent and construction easements; as designated in the plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developers and the city) and deeds to property deemed necessary by the city for the location, construction, installation and operation of the Improvements to be constructed on the property by the city, in form and content satisfactory to the city. 3.02. Assessments and Charaes. The Developers will pay to the city when due, all consultant fees incurred by the city in behalf of or at the request of the Developers, all special assessments, interest and other amounts due with respect to the project as hereinafter provided and will pay to the city when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the city, with respect to all portions of the property, when the fees or charges are incurred or become due. rc . 3.03. Transfer of Proiect. Unless and until all bonds issued by the city to finance the Improvements are paid in full or discharged in accordance with the resolutions authorizing their issuance, the Developers shall not voluntarily sell, assign or transfer substantially all of their interest in the project or any part thereof without the written consent of the city, which shall not be unreasonably withheld. Nothing herein shall prevent or apply to the sale, in the ordinary course of business, of lots to individual owners or contractors for the construction of residences, but the sale shall in no way affect or diminish the obligations of the Developers under this Agreement. section 4. city's Undertakinqs. 2 el (' e 4.01. 1m rovement No. The city shall order the construction of Local Improvement No. in accordance with law, and shall forthwith award and enter into a ontract for the construction of the Improvements and shall cause the Improvements to be constructed in accordance with the plans and specifications. The City shall have the right to order such modifications in the work and the construction contract therefor as are recommended by the Consulting Engineer and/or are deemed necessary or desirable by the City. Copies of all proposed modifications in the construction contract or the work shall be furnished to the Developers prior to their consideration and approval by the City Council. 4.02. Financinq. The City shall sell and issue its General Obligation Improvement Bonds, pursuant to Minnesota statutes, Chapter 429, in an amount sufficient with all moneys available and appropriated for the purpose, to finance its obligations hereunder. Section 5. Cost Recoverv. 5.01. Cost of Improvements. For the purposes of this Agreement and all proceedings and acti~~aken by the City Council hereunder with respect to Improvement No. , the Developers and the City acknowledge and agree that the cos1: of the Improvements shall include those elements specified in Exhibit "B". Upon completion of the work and payment of all costs of the Improvements, the City shall compute the actual cost of the Improvements and the amount thereof allocable to the Property, and shall furnish the same to the Developers together with the calculations made by the City to arrive at the amounts. The City Coordinator shall thereafter provide to the Developers all such further information and documents as are requested by it in order to verify the costs and computations. e 5.02. Levv of Special Assessments: Procedure. Not less than 45 days after the City has furnished its computations to the Developers, the City may levy special assessments with respect to the Improvements on the property, in the manner specified in Minnesota statutes, Section 429.061. 5.03. Special Assessments: Amount and Allocation. The amount of the special assessments levied on the Property as a whole shall be based upon the actual cost of the Improvements insofar as available and on reasonable estimates of the cost insofar as actual costs are not available, as reasonably determined by the City. The amount of the cost to be allocated to and specially assessed against the Property as a whole shall be determined in accordance with the feasibility report and Exhibit "B", which may be revised from time to time to reflect any add-on, add-alternates or change orders that are duly made in the construction contracts for construction of the Improvements. The Developers agree that the allocation is fair and reasonable and will result in the allocation of costs and the levy of special assessments on the Property as a whole, which are equal to or less than the special benefit accruing to the Property from the Improvements. The Developers expressly waive the right to object to the assessment proposed to be levied against the Property hereunder. This waiver is freely given in consideration for the benefits that the Developers expect to receive from the development of the Property. section 6. Additional Security. 6.01. Payment of Estimated Assessments. Upon the sale or transfer of any lot or parcel of the Property prior to the actual levy and filing of the special assessments to be levied thereon as herein provided, the e 3 (~ /_.. i Developers shall pay to the City Treasurer an amount equal to 110% of the amount of the special assessments which would be levied on the lot or parcel based upon the estimated cost of the Improvements and the estimB;ted assessments as determined by the City. e section 7. General Provisions. 7.01. Buildina Permits. The City agrees to allow the Developers to begin construction of one dwelling house on a specific lot within the Development even though the public utilities have not been completed. The Developers agree that they shall be solely responsible for setting elevation on this house and hereby release and hold the City harmless from any damage associated therewith. They also agrees that the construction will be done in a manner that will not interfere with the construction of the public utilities. The Developers warrant that no occupancy will be made of this house until a Certificate of Occupancy is issued by the City. 7.02. Enforcement by city: Damaaes. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include but are not limited to the reasonable fees of legal counsel employed with respect to the. enforcement of this Agreement. 7.03. Termination. This Agreement shall terminate when all of the bonds issued to finance the cost of the Improvements pursuant to this Agreement, and the interest thereon, have been paid in full or the City's obligation with respect thereto has been discharged in accordance with law and the resolutions authorizing their issuance; provided that all of the Developers' financial obligations accruing under or pursuant to this Agreement prior thereto, including its obligation to pay the special assessments levied on the Property as herein provided when due, shall survive the termination and continue to be enforceable by the City. e section 8. Administrative Provisions. 8.01. Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the united states mail in registered form with postage fully prepaid and addressed, as follows: If to the City: City of Stillwater City Hall 216 North Fourth street Stillwater, MN 55082 If to the Developers: Realty World Pauley & Johnson, Inc. 1940 South Greeley street Stillwater, MN 55082 The City and the Developers, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. 8.02. Severability. In the event any provLsLons of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalida~e or render unenforceable any other 4 ei I. . . i .... LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-9 American Linen Supply Biff's Bliss Plumbing and Heating Copy Cat Printing Croix Oil Company Goodwill Industries Greeder Electric H & L Mesabi Huntingdon J J C Recycling Labor Relations Local Government Institute Mero East Development partnershi Metropolitan Waste Control Com MN Dept of Commerce MN Pollution Control Agency Nordstrom, Gail North Star International Northwestern Tire Polfus Implement Rose Floral Schwantes S hort- Elliot-Hendrickson Snyder Drug st Croix Animal shelter St Croix Car Wash Stillwater Ford Stillwater Sunrise Rotary Club Wardell, Leslie Wybrite Yocum Oil ADDENDUM TO BILLS A T & T ACE Hard ware American Arbitration American Planning Assn Brown's Creek WMO Capital City Regional Cargill Salt Cutler, Jeffrey Don's Door Service Eddy Brothers Company Egghead Software Empire Chimney and Furnace Erickson Post Firstar Fred kova Construction G & K Services Towel Service Portable Toilets Toilet Repair Blueprint/Copies Oil Recycling Service Call-Garage Blades Soil Compaction Tests Recycling Grievance Arbitration Manual/Disks Membership Sewer Service Notary Commission Renewal Investigation-N 3rd Dump Site Health Insurance Refund Push Rods Alignment Gear/Install Foot Control Flowers-Stickan Furnace Repair-Garage Engineering Services Supplies Boarding Fees Car Washes Repair Parts Dues DARE Supplies Computer Maintenance Agreement Fuel Oil Long Distance/Maintenance Saw Blades Arbitrator/Hearing Fee Manual 1995 Allocation 1955 Regional Dues Salt Housing/Meals/Mileage Garage Door Repair Parts Wordperfect for Windows Furnace/Dust Cleaning Gas/Diesel Annual Box Rental Fee Garage Repair Uniforms/Rugs/Mops 27.70 81.63 9.72 34.55 678.82 297.91 45.00 1,576.23 591.50 11,803.50 4,318.00 173.00 500.00 79,442.00 24.00 21.13 15.67 9.27 10.43 550.48 31.95 50.00 1,171.41 19.13 160.18 38.25 15.80 115.00 47.69 241.00 177.57 177 .52 45.25 3,800.00 36.00 736.00 35.00 1,700.33 235.48 1,246.00 20.12 506.37 127.26 3,817.98 30.00 3,951. 76 1,083.84 I. . . I .. Hawk Direct Sales Kriesel, Nile Lakeland Ford Legislative Associates Magnuson, David Metropolitan Area Mgmt Assn Miller Excavating Miller Excavating Minn Comm MN Cellular One MN Crime Prevention Assn MN Dept of Administration MN Dept of Transportation Motorola National League of MN Cities North West Chapter FBI NAA Northern Air Corp One Hour Express Foto Reichow, David Sam's Club S hort- Elliot- Hen drickson St Cloud Restourant Supply St Croix Animal Shelter St Croix Office Supplies Stepp Manufacturing Stillwater Gazette Thompson Hardware Treadway Graphics Valley Auto Valley Trophy Visionar Software Wash County Fire Chief's Assn Washington County HELM Washington County Public Works Zee Medical Labeling Tape Meals/Recording Fee Alternator Consultant Services Legal Services Labor Relation Subcriber Service Sand/Repair Main Remove Fuel Tanks Pager Service Mobile Phone Dues-Wardell Career Opportunity Bulletin Mudslide-LI 285 Maintenance Agreement Man ual 1995 Dues-Wardell Service Call-Hooley Building Film Processing Meals Memebership Engineering Services Degreaser/Hand Cleaner Co-operative Fund Billing Office Supplies Tar Kettle Legal Advertisements Miscellaneous Supplies Medallions Repair Parts Name Plate-Thole Software Support Contract 1995 Dues-Ness Mantoux Tests Street Striping First Aid Kit TOT AL: Adopted by the City Council this 17th day of January, 1995. APPROVED FOR PAYMENT 59.64 58.50 263.42 2,895.00 3,777.04 2,863.00 2,030.32 7,255.30 6.12 26.59 25.00 30.00 1,043.76 284.30 34.00 20.00 324.43 38.93 26.15 25.00 24,643.69 460.56 6,603.80 541.87 13,781.10 390.04 134.26 25.24 411. 64 4.20 560.00 20.00 330.00 154.00 62.83 189,037.16 -------------- -------------- . . e e e LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-9 American Linen Supply Biff's Bliss Plumbing and Heating Copy Cat Printing Croix Oil Company Goodwill Industries Greeder Electric H & L Mesabi Huntingdon J J C Recycling Labor Relations Local Government Institute Mero East Development Partners hi Metropolitan Waste Control Com MN Dept of Commerce MN Pollution Control Agency Nordstrom, Gail North Star International Northwestern Tire Polfus Implement Rose Floral Schwantes S hort- Elliot-Hen d ric kson Snyder Drug St Croix Animal shelter St Croix Car Wash Stillwater Ford Stillwater Sunrise Rotary Club Wardell, Leslie Wybrite Yocum Oil Towel Service Portable Toilets Toilet Repair ' Blueprint/Copies Oil Recycling Service Call-Garage Blades Soil Compaction Tests Recycling Grievance Arbitration Man ual/Dis ks Membership Sewer Service Notary Commission Renewal Investigation-N 3rd Dump Site Health Insurance Refund Push Rods Alignment Gear/Install Foot Control Flowers-Stickan Furnace Repair-Garage Engineering Services Supplies Boarding Fees Car Washes Repair Parts Dues DARE Sup-plies Computer Maintenance Agreement Fuel Oil 27.70 81.63 9.72 34.55 678.82 297.91 45.00 1,576.23 591.50 11,803.50 4,318.00 173.00 500.00 79,442.00 24.00 21.13 15.67 9.27 10.43 550.48 31.95 50.00 1,171.41 19.13 160.18 38.25 15.80 115.00 47.69 241. 00 177 .57 e e e ,) MEMORANDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Permanent Employment of City Engineer DATE: January 10, 1995 DISCUSSION Accompanying this memo is a resolution employing KIayton Eckles as a permanent employee (City Engineer). This resolution recognizes that Klayton has "passed" his probationary period and that he meet" the performance criteria associated with his position. KIayton and I have established goals and objectives for his position for 1995. They are as follows: 199 5 Work Programs 1. Establish structure and role of the City Engineering Department and the role of the Consulting Engineer. 2. Develop and provide Council with 1996 infrastructurellocal improvement recommendation. 3. Finalize the update of departmental work rules. 4. Update work safety program for Public Works Department. 5. Develop specs/ad, ete. for acquisition of capital outlay items for Public Works (e.g., sweeper, generator receptacle for lift stations). 6. Update pavement management program. 7. Levee project (act as City representative). 8. Improve filing system/record system for Public Works. 9. Develop five year capital improvement program 10. Develop and administer a computerized vehicle/equipment maintenance program. 11. Develop personal and professional goals/objectives (including effective managernent courses ). In regards to the 1995 Work Programs, the Council, during the proposed workshops will have an opportunity to meet with Klayton and review and discuss the departmental work programs related to the 1995 budget. In the meantime, I trust that the above listed goals/objectives meet with your approval. RECOlvIMENDATION Adopt resolution approving permanent employment of Klayton Eckles. /)/A j e e e e e e RESOLUTION NO. 95- PERMANENTE~LOYMlliNTOFKLAYTONECKLES CITY ENGINEER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the permanent employment of Klayton Eckles as City Engineer from and after January 24, 1995, having served a probationary period of one year be, and the same is hereby approved. Adopted by Council this 17th day of January 1995. Mayor Attest: City Clerk e e e . .... MEMORANDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Permanent Employment of City Clerk DATE: January 13, 1995 Accompanying this memo is a resolution employing Morli Weldon as a permanent employee (City Clerk). This resolution is similar to the one that is on the agenda for Klay10n Eckles and also recognizes that Morli has "passed" her probationary period and that she meets the performance criteria associated with her position. Morli and I have established goals and objectives for her position for 1995 as follows: 1995 Work Programs 1. Reformat agendas/packets 2. Assist City Coordinator in developing City Council rules of procedure 3. Computerize indexing system for minutes, ordinances, and local improvement projects 4. Data retention/data privacy Familiarize with rules Distribute information to other departments and assist with records inventory Organize/purge files in basement and vault Historical Society/records preservation Submit appropriate records/documents/files to State Historical Society 5. Label and organize abstract/title files and bond files 6. Agreements/contracts: Consolidate agreements from all departments Catalog expiration/renewal dates Develop agreement check list 7. Develop calendar/check list of annual and bi-annual duties such as: license renewals, commission appts, legal paper and depository designations, fIre mutual aid contracts, elections, contracts/agreements 8. Coordinate LI fIles between Admin and Engineering 9. Review Ordinances (e.g., peddlers, kennel, etc.) for recommended changes 10. Develop check list for liquor licenses (to insure efficient administration/processing) 11. Delineate duties and work flow for City Clerk and support staff 12. Attend City Clerk Institute and the LMC City Clerk Orientation attend other work related seminars and/or workshops as necessary The Council will have an opportunity to further review the functions and work programs for the City Clerk position during the proposed workshops. In the meantime, I trust that the above listed goals/objectives meet with your approval. RECOMMENDATION Adopt resolution approving permanent employment of Morli Weldon. 1/71..JcG e e e e e - RESOLUTION NO. 95- PERMANENT EMPLOYMENT OF MORLI WELDON CITY CLERK BE IT RESOLED, by the City Council of the City of Stillwater, Minnesota, that the permanent employment of Modi Weldon as City Clerk from and after January 14, 1995, having served a probationary period of one year be, and the same is hereby approved. Adopted by Council this 17th day of January 1995. Jay Kimble, Mayor Attest: Nile Kriesel, Acting City Clerk e MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: Appointment of Deputy Clerk DATE: January 17, 1995 It has been the practice in the past (and a necessary one) to designate an individual to serve as Deputy City Clerk. The Deputy City Clerk's duty/authority would be limited to notarizing and/or certifying documents such as resolutions, ordinances, minutes and other offieial documents in the absence of the City Clerk and Acting City Clerk. The past Deputy Clerk was an employee of the Finance Department and I would recommend the continuation of this e relationship by appointing Diane Deblon as Deputy Clerk. In the past the City Coordinator has been appointed Acting City Clerk in the absence of the City Clerk. The Acting City Clerk would have the authority to act in the same capacity as the City Clerk. Reeommendation: Adopt resolution designating/appointing Diane Deblon as Deputy City Clerk and Nile L. Kriesel as Acting City Clerk. co ~~ !e '-J C RESOLUTION NO. 95- APPOINTING DIANE DEBLON AS DEPUTY CITY CLERK AND NILE KRIESEL AS ACTING CITY CLERK BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that effective January 17, 1995, Diane Deblon be and is designated to serve as Deputy City Clerk in the absence or incapacity of the City Clerk and Acting City Clerk. BE ITFURTIffiR RESOLVED, that effective January 17, 1995, Nile L. Kriesel be and is appointed to serve as Acting City Clerk in the absence or incapacity of the City Clerk. Adopted by the City Council this 17th day of January, 1995. Jay Kj.mble, Mayor Attest: Modi Weldon, City Clerk e e - e e e ( ..._" ..... MEMORANDUM TO: Mayor and City Council / FROM: Klay10n Eckles, City Engineer '{......t SUBJECT: Municipal State Aid Requirements for the Myrtle Street Concrete Pavement Rehabilitation Project, LI 307 DATE: January 11, 1995 DISCUSSION In the Fall of 1994 the plans were completed for the Myrtle Street Concrete Rehabilitation project, and the plans were sent to the Municipal State Aid office for review and approval. Recall that this project involves the repair of the concrete driving surface between Owens and 5th Street on Myrtle Street Also some repairs to the concrete walk and sanitary manholes will be made. When the State completed its review, it found that the old street design does not meet current standards and therefore, a variance was required. In December, Dick Moore and myself took this issue before the MSA Variance Committee and we did receive a variance to construct the street in its present layout. The State dictated the conditions as part of their approval; fIrst, the street must be signed with 25 mph cautionary signs. Second, the City must indemnifY the State of Minnesota for any and all claims arising out of the rehabilitation project. The attached resolution is required in order to proceed with this project and receive MSA funding. The State of Minnesota currently requires this sort of indemnification on all variances from State standards. Since it would be extremely expensive to construct the street to eurrent State standards and the practical benefIt would be very minor, accepting of this condition seems warranted. RECOMMENDATION I recommend that the City Council pass a resolution defending and indemnifYing the State of Minnesota for the Myrtle Street Concrete Pavement Rehabilitation, Concrete Walk and Manhole Repair, SAP-169-104-08, City project number LI 307. CITY OF STILLWATER RESOLUTION DEFENDING AND INDEMNIFYING THE STATE OF MINNESOTA MYRTLE STREET CONCRETE PAVEMENT REHABILITATION CONCRETE WALK AND MANHOLE REPAIR (S.A.P. 169-104-08) CITY PROJECT NO. 1.1. 307 e WHEREAS, on October 18, 1994 . the City Council of the City of Stillwater adopted resolution Number 94-269 . a resolution requesting a variance from Minnesota State Aid (MSA) Standards for the portion of Myrtle Street from Owens Street (CSAH 5) to 5th Street; and WHEREAS, after proceedings duly conducted by the Minnesota Department of Transportation in a proceeding known as a request for variance S.A.P. 169-104-08 (Myrtle Street), City of . Stillwater, the Deputy Commissioner and Chief Engineer of the Minnesota Department of Transportation ordered that the variance be granted, upon the advice of a variance committee appointed expressly for the purpose of recommending to the Deputy Commissioner a variance from Minnesota Rules for State Aid Operations 8820.9945 adopted pursuant to Minnesota Statutes Chapters 161 and 162, so as to permit existing vertical curves less than the minimum; and WHEREAS, the variance is conditional upon the receipt by the State of Minnesota of a resolution that defends and indemnifies the State of Minnesota against claims arising out of the variance; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The City Council of the City of Stillwater hereby agrees to indemnify, save and hold harmless the State of Minnesota and all its agents and employees from any and all claims, demands, action or causes of action of any nature or character arising out of or by reason of, in any manner, the rehabilitation of MSAS 104 (Myrtle Street) from Owens Street (CSAH 5) to 5th Street and any other manner, in accordance with Minnesota Rules for State Aid Operations 8820.9945 adopted pursuant to Minnesota Statutes Chapters 161 and 162, and further agrees to defend at their sole cost and expense any action of proceeding commenced for the purpose of asserting any claim or whatsoever character arising as a result of the granting of this variance. e Adopted by the City Council on January- 17, 199.5 STATE OF MINNESOTA) COUNTY OF WASHINGTON) SS. The undersigned, being the duly qualified and appointed City Clerk and Mayor of the City of Stillwater, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Stillwater City Council on with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS our hand officially as such City Clerk and Mayor and the Corporate seal of the City this day of Mayor - City Clerk e e !e .:.-.0 MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer fB/ SUBJECT: Stop Signs at Curve Crest Boulevard and Washington Avenue DATE: January 11, 1995 DISCUSSION Attached is a letter from a resident requesting that the City look into changing the traffic control at Curve Crest and Washington Avenue. Currently, this intersection is signed for Curve Crest as a stop street and Washington a through street. Now that Target has opened and the new Cub Foods is opening, the traffic patterns in this area are changing dramatically and the volumes on Curve Crest . . are mcreasmg. The ultirnate solution to this intersection will probably be traffic signals, however, the current volumes do not warrant expensive traffic signals be installed. The current situation where the traffic volumes are fairly high, but not excessive and roughly equivalent on both streets, could most effectively be controlled with a four-way stop intersection. RECOMMENDATION Ire:commendCityCouncil pass a resolution making Washington Avenue a-stop street at Curve Crest Boulevard. F\rs. S. Juditl\ l'Lrphie Lac)" 713 South Second Street Stillwater, 1\\innesota 55082 .e j - / 0 - '1 'J- oC' 71')/1 . C1{J' . a1-\... ~ c. J~('LI Ie' () ./ ~ \ LA....~1 ~-;l'~. ;l.,-, c~,tg 2 JlJ:.tc.ua.,{U.. A at,. >'J74' (? ,,;fJ!,? J , J) ~v -4.L,~'ti:j"'le 1<~ Jt9r.,:Jt.j dor ~. ~ C-,:rX/3[J'.v,.. f<J:ti-j '-'-"f ZZZ.-( fi.<P~ . I ~, J ~ ,7) (J")<.L ~.At:u<!.'L4';{ (4.e f/;.JL Se.a/ - ~.,.;t, J Q.,~ t(...;, ..)A~ (,~:':.. 0/' /Jo.o4 t(.,,,,- ..a,.-e .1 i) . . ~ . (4it CI.<-U-<- CA.b:J ~ ~(i,""l ) ~. ,,!a..ot:-(l~ 1l.ve' · . '~'fE ~<j .~ """,R ,~%'+ 'v~ a:t- . tJ;:, , h J)i~ i0,- AY.-.- u, z~ .!",j. Y:~<.e r''''!J @..4 i,Q ~ t2/J'o.-V ,~v<Q.. ;tJ!.~e-- -",-.!- tA-:~ L~ ,7iJ;...:uJ. 15 lA-C/LR..C!.-4C... l{;--&t- rh- A.U0 GJ~ d-co-cca~ r J) J&~.1. tt-' 0JL,.,'U- (L'1--,t ~LL cJ.~/ Ie c.d I- 0- I ;0 fH~1 C.A_.M") 14 ~t.;-,....- t'"'-' ~U<.-f. {w\L i ([ ~ !3l{.-(.C J a-o [lJ/J.. rLU.- JL/,) :./~::J c7Y\..- JJ'L-:? i-~J 6::, Q(. :;jc~ prr ~~~ / -9 ~r ~ f~ -NJ'lL atA-jL Ai.<.. C i5 vt<JL~~ /,JeU-<vS ~o~J.U ;{Z';; Ar'l-".. ;4,,- i~!J -I _ 7. J. ~tUd )J);tu ~'[ ( /! ~. e e e RESOLUTION NO. 95- RESOLUTION DIRECTING THE INSTALLATION OF STOP SIGNS ON WASHINGTON A VENUE AT CURVE CREST BOULEVARD WHEREAS, the City Engineer has reported that traffic volumes at the intersection of Washington A venue and Curve Crest Boulevard have increased; and WHEREAS, Curve Crest Boulevard is currently a stop street at Washington Avenue, and W ashington Avenue a through street at Curve Crest Boulevard; and WHEREAS, for public safety an all-way stop intersection is warranted, NOW THEREFORE, BE IS RESOLVED, that Washington Avenue hereby be designated a stop street, both north and south, at Curve Crest Boulevard. Adopted by Council this day of 1995. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk e MEMORANDUM TO: Mayor and Council FROM: Klayton Eckles, City Engineer Y- 't. / SUBJECT: Brick Pond Feasibility Study DATE: January 12, 1995 Attached is a memo from Dick Moore of SEH which discusses the estimated engineering cost for a feasibility study of Brick Pond. They estimate the cost not to exceed $4,270. RECOMl\1ENDA TION e I recommend Council pass a resolution directing the City Engineer to prepare a feasibility study of the Brick Pond drainage problem for amount not to exceed $4,270. e /', . ' ~ -'" - "'SaI 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, ST. PAUL. MN.55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON e January 11/ 1995 RE: Stillwater, Minnesota Brick Pond Feasibility Study SEH No. A-STILL9500.00 Mr. Klayton Eckles City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Eckles: As you requested, we have prepared an estimate for engineering cost for a Feasibility Study for Brick Pond. We understand this study is to cover recommendations on erosion reduction and .- removal of the existing delta at the south end of the Brick Pond. ,., Our services will consist of a site visit, plan layout which includes available alternates, draft preliminary plan sheets for report drawings, estimate quantities, write report and coordinate with the Minnesota Department of Natural Resources to include their requirements for rehabilitation of the ditch and/or extension of the existing pipe. Coordination with your office and review of preliminary layouts is also a part of our estimate. We propose to provide the above services for a not to exceed cost of $4/270. We understand the City will provide various funding sources and cost recovery methods, and the City will complete the DNR permit application upon completion of the report. We would perform the tasks in accordance with our present contract with the City of Stillwater. I wish to thank you for the opportunity to serve the City of Stillwater once again. If you have any questions, please call me at 490-2016. Richard E. Moore, P.E. tlo e SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON. WI e e e RESOLUTION NO. 95- RESOLUTION ORDERING PREPARATION OF REPORT ON BRICK POND DRAINAGE IMPROVEMENTS, L.I. 311 WHEREAS, it is proposed to improve Brick Pond and surrounding properties and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conneetion with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 17th day of January, 1995. MAYOR ATTEST: CITY CLERK e MEMORANDUM TO: Mayor and City Council FROM: KIayton Eckles, City Engineer y- ~ / SUBJECT: Hiring of Part Time Street Maintenance Worker DATE: January 11,1995 As part of the 1995 Public Works Budget, City Council authorized the hiring of an additional Public W orkslParks employee. This additional worker would assist the Street Department in the winter with plowing, sanding and snow hauling operations, and in the Spring, Summer and Fall this person would assist the Parks Department in park maintenance and clean-up activities. Council has e authorized staff to prepare a job description for this permanent position. At this time, staff is requesting that Council authorize staff to hire Dan Crimmins as a temporary worker to assist in the Public Works Department. Dan Crimmins has worked for the City in the past for Parks, Public Works and the Police Department, and he has done a fme job in all of the duties given him. Hiring Mr. Crimmins now would provide additional personnel for winter Public Works operations, which become very heavy in February and March. Also, it would allow staff time to evaluate Mr. Crimmins' performance for a possible permanent position. The starting pay rate as a temporary worker for Mr. Crimmins would be $6.75 per hour. RECOMMENDATION I recommend (and the City Coordinator concurs) Council authorize staff to rehire Dan Crimmins as a part-time employee for Public Works for a starting salary of $6.75. The attached resolution would be adopted if Council approves. e RESOLUTION NO. 95- APPROVING TEMPORARY EMPLOYMENT OF DAN CRlMMINS AS PART TIME EMPLOYEE BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the temporary employment of: Dan Crimmins as part-time employee from and after January 18, 1995, is hereby approved; and that as compensation for services the said Dan Crimmins shall receive the sum of$6.75 per hour. Adopted by the Council this lOth day of January, 1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk e e e e e e () c; MEMORANDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Retainer/Hourly Rate for Legal Services (City Attorney) DATE: January 13,1995 During the budget workshops the City Council approved the budget for the Legal Department which included the following retainer and hourly billing rate: Retainer Billing rate $45,000 (Includes general legal services) $ 125 hour for reimbursable expenses (i.e., Local Improvements, development agreements, etc.) that are charged back to individuals and organizations $ 80 hour for prosecutorial services RECOMMENDATION Adopt resolution establishing retainer and billing rate for City Attorney. fJI.fj) RESOLUTION NO. 95- EST ABLISlllNG RETAINER AND BILLING RATE FOR LEGAL SERVICES PROVIDED BY DAVID T. MAGNUSON, CITY ATTORNEY BE IT RESOLVED, that effective January I, 1995, the compensation for legal services provided by David Magnuson, City Attorney, shall be: $3,750 per month retainer for general legal services; $125.00 per hour for legal service related to local improvements, land use developments and other projects for which the City is reimbursed for the legal service; and $80.00 per hour for prosecutorial serv1ces. Adopted by the City Council this 17th day of January, 1995. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk e e e e e e t.-. I !) RENEWALS: Sign Erection Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Stillwater, MN 55082 General Contractor 3M 3M Center P.O. Box 33324 St. Paul, MN 55133 CONTRACTORS LICENSES January 17, 1995 e MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon, FiIl3nce Director ~~ SUBJECT: 1994 Audit DATE: January 12, 1995 We have received an engagernent letter from McGladrey and Pullen regarding the 1994 Audit. They are proposing to perform the audit of the City for a fee not to exceed $19,825 and $5,150 for the Water Board. The fee has not increase from last years. Further, the City can print and bind for a $1,000 reduction in the audit fee ($18,825). e It is my recommendation that the City retain the fIrm of McGladrey and Pullen for the 1994 Audit at the reduced rate (for in-house preparation of the CAFR) and authorize the purchase of a binding machine. e '/ ',I e e e STAFF REQUEST ITEM DEP ARTh1ENT Finance MEETING DATE January 17. 1995 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request City Council authorization to purchase an electric punch and binding machine for $560.00 tax included. The cost of the equipment would be recovered in 2-3 years with the City having this piece of equipment available for use by other departments. ' FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Cost of having the binding done by others for the budget and fmancial report alone is approximately $175 per year. ADDITIONAL INFORMATION ATTACHED YES X NO_ ALL COUNCIL REQUEST ITEMS MUST BE SUBMITIED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO TIlE NEXT REGULARLY SCHEDULED COUNCIL :MEETING IN ORDER TO BE PLACED IN THE COUNCIL MA TERlAL PACKET. SUBMITTED BY Diane Deblon DATE 1-13-95 GBC,.~ f (A) ElECTRIC IMAGE-MAKER 3000 PLASTIC BINDING SYSTEM ~ Bind first-class presentations in just seconds right in your own office. The Ima!;e- i Maker 3000 offers electric punching for greater productivity and eliminates the fali!;'..e ~ caused by manual punching, Up to 7,000 sheets can be punched in an hoer. ~, ::-Exclusive Jam-protector feature pre'Jants punching overload. Punch professional- ~. .~Iooking booklets with push-button ease, You can even add or remove pages i1 i - seconds. Booklets lie flat and are simple to photocopy. UPC prefix 0 33816. I STOCK NO. UPC DIMENSIONS UDl : GaG 7700400 01900 11'!.'x16'x23' S699 00 {J '. ~ ~_ 4.- ~ ~--s.7:;.~,-cr6 e _ e 1_ f.! i':' STAFF REQUEST ITEM DEPARTMENT Finance MEETINGDATE 1/17/95 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request City Council authorization to purchase computer stand for use in Finance Dept. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Approximate cost is $215.00 plus tax and this was included in the 1995 budget. ADDITIONAL INFORMATION ATTACHED YES NO X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK. A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY Diane Deblon DATE 1/11/95 e e e .." C,/'-I ". ST AFF REQUEST ITEM DEPARTMENT Finance MEETING DATE January 17.1995 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request City Council authorization to attend the national GFOA conference in Baltimore. MD. on June 11-14. 1995. Attached is sheet that highlights conference sessions and topics. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Registration Airfare Hotel (Est.) Meals {Est.) Approx. Total Included in 1995 Budget 275 365 550 100 $1.290 ADDITIONAL INFORMATION ATTACHED YES X NO_ ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED 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 DATE 1-13-95 ---r P e rio r man c e! I I . . . THAT IS WHAT GOVERNMENT FINANCE . professionals deliver ..very. d~y on the job. The combination ofa slow, economy and a declining public confidence inr.eforminitiatives has created a demand for improved eff~ciency and greater effective- ness. Instead ofquic~fixesand sweeping reforms, what is needed is an ohgoing effort to identify and share the best practices of our profession. GFOA's 1995 annual conference is.Aesigned to further improve your performance. Infonn!1tion sessions and learning opportunities at conference: · provide you .guidancepn what constitutes sound gover:- ment finance practices and procedures; · assist you in evalu~tll1g the quality of your own practices; ;~;~,:~:::~~;'>::;; Three and One-Half Days Packed with Information Conference sessions will begin Sunday afternoon, June 11, and continue until noon, Wednesday, June 14. All of the conference sessions and exhibits will be held at the Baltimore Convention Cen- ter in downtown Baltimore and in the adjacent Sheraton Hotel. General Sessions Two general sessions feature interna- tionally known speakers who will address issues of critical importance to state, provincial and local governments. Concurrent Sessions Choose from among more than 55 ninety-minute sessions scheduled to create a customized curriculum that meets your needs and answers your questions. Up to seven distinct sessions are run concurrently in eight separate time periods. The Preliminary Conference Program which you will receive in February will describe the practical, hands-on ses- sions covering all facets of government finance: · offer you tools to assess the benefits and limitations of alternative systems and your roles and responsibilities in the process. The GFOA annual conference is the ideal place to take time away from day-to-day routine demands and seek the best solutions to public finance prob- lems you must deal with today and tomorrow. Meet your performance goals by signing up now to attend the conference inJune! Join more than 3,000 of your colleagues, June 11-14, in Baltimore, Maryland, and take advantage of all that is offered to help you set your own goals of highest performance in gove~nmenr finance and in your professional career. j ..... I '. : ,~g~,~~ \J;,'~ '" ~!II~ - .Accounting and financial reporting- The latest on the coming changes in the reporting model and on service efforts and accomplishments reporting, the most recent GASB pronouncements, and new requirements for the GFOA Certificate of Achievement for Excel- lence in Financial Repor,ting program will be highlighted in sessions on best practices in governmental accounting. · Budgeting and financial planning - Benchmarking and performance bud- geting will be highlighted along with the impact of reengineering on actual governments. · Capital financing and debt adminis- tration - The latest innovations in capital financing and the planning and issuance of debt offer the finance pro- fessional many choices in finding the best capital financing method. · Cash management and investing - Securing the highest yields in the safest instruments is a challenge, espe- cially with new products in the field. Find out the latest developments in improving both the yield and the safety of your investments. · Computers and technology - "Infor- mation Superhighway?" What are the benefits and pitfalls for the govern- ment finance official? How can computer networks be tapped for the greatest performance at the lowest cost and how can you acquire technology in a timely fashion? · Financial and performance auditing - Find out the latest approaches to performance auditing as well as the potential effects service efforts and accomplishments reporting initiatives. would have on internal and external auditing. · Financial management - Explore the most promising developments in finance including opportunities to expand your revenue base through fees. Learn about techniques that can help to mitigate ris~ in a cost effective manner. · Management and intergovernmen- tal relations - Practical approaches and strategies designed to help you better perform in your role as manager, as well as the latest informa- tion on pending federal legislation and regulations in affecting state and local government. · Employee benefits - An e,'er-growing portion of the budget goes to suPPOrt health care, pensions and other employee benefits. Helping employ- ees understand the value of benefits and using them as instruments of e e e e I. "IS "'SaJ 353S VADNAIS CENTER DRIVE, 200 5EH C~NTER. ST. PAUL. MN 55 110 612490-2000 800 ~S-2Q55 ARCHITECTURE ENGINEERING.. ENVIRONMENTAL TRANSPORTATION January 12, 1995 RE: Stillwater, Minnesota Miscellaneous Engineering SEH No. A~STILL9401.00 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and Conncil Members: The developer for Caliber Ridge proposed development in the City of Stillwater has requested that SEH provide design for the civil portion of his proposed development. This area is adjacent to Tuenge Drive and Shelton Drive. This is the old Augustine Brothers property. The developer's name is Paul Schaefer of St. Cloud, Mirrnesota. He has requested that the civil section of the St. Cloud office design the civil portion of this project f01: him. I told the St. Cloud office that 1 would have to receive permission from the Council before agreeing that SEH could be involved in the private design for this project. . Action requested is to grant permission to SEH to design the civil portion of the Caliber Ridge project. ~~ ~~. .z~ -2...... -<..,o:? *~..... RJchardE.~oore,P.E. kam 'o?~ \0 ~ /(~\ SHORT ELLIOTT HENDRICKSON INC, CHIPPEWA FAI.I.S. WI MADISON WI MINNeAPOI.IS, MN ST CLOUD, MN DONALD L. BEBERG . CHIEF OF POLICE e TI,..OTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M 0 RAN DUM TO: MAYOR KIMBLE AND THE FROM: D.L. BEBERG, CHIEF DATE: JANUARY 17. 1995 RE: CONSENT AGENDA ITEMS WE WERE GIVEN THE NECESSARY MONEY IN OUR 1995 BUDGET TO PURCHASE THE FOLLOWING ITEMS AND I AM ASKING TO MAKE THOSE PURCHASES AT THIS TIME. 1 SINGLE SHEET FED FAX MACHINE 4It 1 TERMINAL WORKSTATION FOR THE EVIDENCE ROOM 1 BAR CODE READER TO BE ATTACHED TO THE WORKSTATION FOR PROCESSING EVIDENCE AND FOUND PROPERTY 2 PORTABLE CELLULAR TELEPHONES ON A SEPARATE NOTE, I THOUGHT WE WOULD HAVE THE TESTING DONE FOR THE NEW SECRETARY/DISPATCHER I POSITION SO I COULD BRING THAT PERSONS NAME TO YOU FOR THE NECESSARY RESOLUTION FOR THE APPOINTMENT. WE DID NOT GET IT DONE, SO I WILL BE BRINGING IT TO YOU AT THE NEXT MEETING. 95-06 e 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 e e e -l MEMORANDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Business License Renewal DATE: January 13, 1995 In 1994 the Council established a Business License requirement for all businesses operating within the City, including churches, schools and governmental institutions. The purpose of the license was to obtain information pertaining to the buildings layout for the Fire Department (this information was believed to be necessary in order to have the ISO rating improved from a 4 to a 3). The licensing requirement was also to be used to help avoid problems that have occurred in the past, because buildings were modified (i.e., remodeled), but not according to building and fire codes. The City's fire inspection crews have spent considerable time over the past 3-4 years to bring the buildings into compliance. The licensing requirement helps the City to become aware of the remodeling before it takes place. The business license issue became a point of controversy because of questions of constitutionality - especially"as it applies to churches. In fact, about 20010 of the 500+ businesses have not complied with the licensing requirement. The City has been reluctant to force the issue because of the ill will associated with enforcement and the potential for protracted litigation. RECOMMENDATION I would recommend that the Council revisit this issue and consider whether or not the licensing ordinance be rescinded, revised or whatever. A further recommendation would be to forego any renewal fee and to call the license a Public Accommodation Certificate. -' ORDINANCE NO. 787 . '-- AN ORDINANCE AMENDING ORDINANCE NO. 783 REQUIRING BUSINESS LICENSES WITHIN THE CITY THE CITY COUNCIL OF THE' CITY OF STILLWATER DOES ORDAIN: Article I. Addinq. A new Chapter 41.01, subdivisions 1 through 6, shall be added to the City Code that hereafter reads as follows: subdivision 1. License Required. It is deemed in the interest of the public and the residents of the City that no person shall establish or maintain a business within the City without having first obtained a license under this Section. "Business" shall mean not only those persons or entities operating an enterprise for a profit, but also non-profit endeavors, churches, governmental buildings and home occupations. Each building of a business shall be considered a separate business. subdivision 2. Purpose. The purpose of a business license is to insure the safety and welfare of those persons who purchase goods or utilize services af businesses located within the City of Stillwater, and who thereby enter the premises thereof. For this reason all premises, prior to issuance of a business license, shall be made to comply with applicable state building code and fire code regulations. Such compliance shall be determined by the Building Official, the Fire Chief or other such City officials as may be necessary. '" '-' ..' . ._.r.... . ~".-.. Subdivision 3. Application for License. Application for a license shall be made annually, in writing to the City on forms prescribed by the City Clerk. Each application shall state the name and address of the applicant, the type of business, the location to be used, the date the business commenced or is to be commenced, and any other additional information as may be needed for the proper guidance of City officials in issuing this license. All applications must be submitted to the City Clerk within 30 days of the effective date of this ordinance; annual renewals, prior to December 1st of each year; and for new businesses, within 30 days of being established. Subdivision 4. License Fee. The fee for obtaining a business license shall be established from time to time by the City Council. The license fee shall be paid annually and the license obtained annually. When the ownership or location of the business is changed, a new license shall be required and a license fee shall be charged for the issuance of a new license. The fee for new licenses issued after July 1st shall be pro rated to the date of issuance. Subdivision s. Inspections. Issuance of License. Upon proper application and payment of any fees required under the terms of this Section, the City Coordinator shall authorize and direct the applicable City officials including the Chief of Police, Community Development Director, Building Official, Fire Chief or other officers, agents or employees of the City, to examine the facilities of the proposed business to make certain that said facilities comply in all respects with all applicable Federal, State and City laws, ordinances and regulations. The applicant, by his/her application for license hereunder, is hereby deemed to authorize and consent to all such inspections and to waive any objections hereto. Upon reports from applicable City officials, the City Coordinator shall approve or deny the application. { ,. ~ -" Subdivision 6. Violation. Any violation of this part shall be deemed a misdemeanor, and each day of continuing violation shall be deemed a separate offense. t" e . ___ '1'0:::"__._ .. . i.i;:'i~~~jfJ~;~:r.~.~~ - ..:'~;:':".-. ::;~:::~~-- '.';;'-:;-:;-: ..~:~~;;;:~;~;z; , .-e:.::::.......:.,.~.~,,~ .~;~~1j~ ;:L:. - e ~. -.e ~-"._...r . r ~ ... Article II. Savino. In all other ways, the city Code shall remain in full force and effect. Article III. publication. This Ordinance shall be in full force and effect from and after, its passage and publication according to law. Adopted by the City Council of the City of stillwater this 28th day of February, 1994. ATTEST: ~~{ I kOL-v- Morli eldon, City Clerk ......... " \ ,:.;~~:~-_... ... e e e Memorandum To: Mayor and Council From: City Coordinator Date: January 17, 1995 Subject: Mileage Reimbursement I am requesting that the City Council approve a mileage reimbursement rate of 30 cents per mile for authorized city business, effective January 1, 1995. The present reimbursement rate of 25 cents per mile has been in effect for five years now. The Washington County reimbursement rate is 29.5 cents per mile. Also, the federal rate (IRS) became 30 cents per mile, effective January 1, 1995. 4~ RESOLUTION NO. 95- SETTING MILEAGE REIMBURSEMENT RATE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the mileage reimbursement rate for authorized City of Stillwater business shall be set at 30 eents per mile, effective January 1, 1995. Adopted by Council this 17th day of January, 1995. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e e e e S 1"', MEMORANDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Workshop Meeting Schedule - Update DATE: January 12, 1995 The following is an updated proposed "workshop" schedule based on the discussion of the schedule that was submitted to the Council at the last meeting. The revised schedule is also based on discussion I had with Department Heads since last Tuesday. DATE WORKSHOP ITEM 7:00 p.m., January 24 1. 1995 Planning Department work programs 2. Compo Plan update/overview 7:00 p.m., January 31 1. Tax Increment Financing a. Review of existing districts b. Review of existing projects C. Review of City policy 4:30 p.m., February 7 1. Review status of levee wall project 7:00 p.m., February 14 1. 1995 Building Department work programs 2. 1995 Admin/Finance work programs 7:00 p.m., February 21 1. 1995 Police Department work programs 2. 1995 Fire Department work programs 7:00 p.m., February 28 1. 1995 Engineering/Public Works work programs 2: Review of pavement management program and proposed 1995 infrastructure projects. 7:00 p.m., March 14 1. City goals and objectives 4:30 p.m., March 21 1. Human Rights Commission and ordinance I have not listed the date for the "Team Building" workshop. Mayor Kimble and I will be meeting with a potential workshop facilitator within the next week to discuss the workshop format and date. The Council has expressed and interest in having the Team Building workshop as early as possible and I will work toward that end. However, after discussion of the workshop schedule with City staff, it was felt that the Team Building and goal setting sessions should follow Council review of departmental functions and 1995 work programs. This would provide the Council with a better understanding of City operations and would provide a better framework for discussion (especially for goal setting). IN any event, I will discuss this further with you at the meeting Tuesday. 4dU e e e RESOLUTION NO. 95- \VHEREAS, the City CQI.mcil ofthe City of Stillwater has previously adopted the special a.<;Sessments for 1..1. 276. L.1. 289 and L.I. 293 and, e WHEREAS, it is the policy oftht: City Council of the City of Stillwater to re-apportion special assessments when there is a subdivision and re-platting of parcels and, WHEREAS, the City COW1cil of the City of Stillwater has approved the fInal plats tor the Highlands V and VI subdivision and WHEREAS, there are outstanding special assessments on P.1.D. # 11210-2000 and, WHEREAS, the balance of special asse&ments on P.1.D. # 11210-2000 as of December 31. 1994 is $13.139.03 for LI. 276 and $10,837.30 for L.I. 289, and $21,477.98 for L.I. 293 which totals $45,454.31. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater that the special assessments outstanding for P.1.D. # 11210-2000 shall be fe-apportioned as follows: PARCEL NO. LEGAL L.I. 276 LI. 289 L.I. 293 11215-2025 Lot L Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2050 Lot 2. Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2075 Lot 3, Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2100 Lot 4, BIk 1, Highlands 6th 453.07 373.70 740.62 11215-2125 Lot 5, Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2150 Lot 6, Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2175 Lot 7, Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2200 Lot 8, Blk L Highlands 6th 453.07 373.70 740.62 11215-2225 Lot 9, Blk 1, Highlands 6th 453.07 373.70 740.62 e 11215-2250 Lot 10, Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2275 Lot 11, Blk 1, Highlands 6th 453.07 373.70 740.62 11215-2300 Lot L Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2325 Lot 2, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2350 Lot 3, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2375 Lot 4. Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2400 Lot 5, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2425 Lot 6, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2450 Lot 7, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2475 Lot 8, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2500 Lot 9, BIk 2, Highlands 6th 453.07 373.70 740.62 11215-2525 Lot 10, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2550 Lot 11, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2575 Lot 12, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2600 Lot 13, BIk 2, Highlands 6th 453.07 373.70 740.62 11215-2625 Lot 14, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2650 Lot 15, Blk 2, Highlands 6th 453.07 373.70 740.62 11215-2675 Lot 16, BIk 2, Highlands 6th 453.07 373.70 740.62 11215-2700 Lot 17, BIk 2, Highlands 6th 453.07 373.70 740.62 11215-2725 Lot 18, Blk 2, Highlands 6th 453.07 373.70 740.62 Adopted this 17th day of January. 1995. Mayor e Attest: City Clerk , .... e' MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer SUBJECT: Engineer's Report to City Council DATE: January 12, 1995 DISCUSSION Attached is an updated list of the projects which I am currently working on, the approximate percentage of time allocated to each task, and the priority I have given to each task. The following e is a brief verbal description of some of the projects that I have been working on. YEAR-END REPORTS At the end of every year, the Metropolitan Council Waste Water Services requires each City to complete a survey of sewer and water use data. I am currently compiling information regarding construction and usage rates of our sewer and water systems. Another annual report concerns our municipal state aid street system. The City of Stillwater receives approximately $350,000 in state aid each year to maintain and improve a network of collector streets in the City. Thisnetwork includes new streets such as Curve Crest and McKusick Road, as well as older streets such as M)'rtle Street, Pine Street and Mulberry Street. In order to receive this money each year we must certify our total mileage of City streets and determine the construction needs for the municipal state aid street system. 1995 GOALS AND OBJECTIVES F or the 1995 year and beyond, I have been working on goals and objectives for Engineering and Publie Works. For Public Works and Parks, my overall goal is to improve the efficiency and level of service. I will be setting specific goals and objectives in the area of equipment, employee morale, employee safety, operational improvements and organizational improvements. e ~ , e PUBLIC WORKS CAPITAL EQUIPMENT The Public Works Department currently has two sweepers. One is a 1978 model which is currently not in service, and the other is a 1986 model which is also showing its age. The 1995 budget includes an allocation for the purchase of a new sweeper. At the end of 1994, Council directed me to look into the possibility of selling our street flusher/tanker truck and use some of these proceeds to help offset the cost of the new sweeper purchase. The City of S1. Paul has just completed the process of purchasing a tanker truck and it was my hope that I could arrange a win/win situation for us and S1. Paul using our flush truck. However, our flush truck did not meet the needs of the City of St. Paul. I have also looked into the possibility of trading in the flush truck, and there is a possibility that we may be able to recapture most or all of the value of the flush truck through a trade-in. Currently, the State is bidding out a four-wheel sweeper unit. They propose to purchase a sweeper similar if not identical to the one we wish to purchase. Therefore, it may be to our advantage to puticipate in the State bidding process. Using the State bid, we can then negotiate with the supplier for a favorable trade-in or sell the flush truck. LEVEE/FLOOD WALL IMPROVEMENT PROJECT Currently, the Corps of Engineers is working with SEH in preparing a design memorandum. 1bis memorandum detennines the best design of the levee and the flood wall and also determines the cost of the various components of the projeet. 1bis memorandum is scheduled to be eompleted by about February 1st, and a significant amount of City staff time has been required in order to provide City input regarding the levee and Lowell Park issues. The fmancing of this project is still a very nebulous issue. A workshop with Council to discuss this issue is warranted in the near future. e CURRENT ENGINEERING STIJDIES Presently, three studies are underway. It is anticipated that at the first Council meeting in February, SEH will have a report completed on the 1995 street improvement projects. This project involves the resurfaeing of a number of streets in the Croixwood area. The report will discuss the proposed improvements and the costs of these improvements. As part of this report it may be necessary to make some modifications to the City assessment policy. Another study underway is the Deerpath traffic study. Deerpath, which connects Olive Street with County Road 12 is experiencing relatively high traffic levels for a neighborhood street. Therefore, SEH was retained to complete a study of this situation and propose possible alternative solutions. 1bis report will probably be completed sometime in the next 6-8 weeks. Another study which is just getting underway concerns Brick Pond. A storm sewer outlet that empties into Brick Pond is creating an erosion problem. Because of the size of the pipe and the location of the erosion, as well as the environmental impacts on the pond, this project is difficult to e resolve. e e e " .. The attached document shows the additional ongoing projects which are currently underway. CURRENT PAST PRIORITY PRIORITY PROJECT 3 1 2 DONE 1 Manage Projects 1 Respond to Residents 1 Oeerpath Traffic Public Works Garage Noise 2 Council Reports 2 Public Works Managemen, Highlands Grading Purchase Generator Purchase Tar Kettle 2 Purchase Sweeper 2 Hire New Technician 4 Levee Project 3 Site Plan Review 3 Assist Building Inspector 3 North 3rd Dumping 3 203 N. Main Environmental Study 3 Grading Plan Review 3 Repair Vactor Truck 3 Highlands Park Pioneer Park 3 Public Works Garage Repairs 3 Public Works Old Gas Tanks 3 McKusick Lake Outlet 4 Vittorios Sewer Separation 4 Grease Traps 4 City Dump Study 4 Brick Pond 4 95 Sidewalk Project 4 95 Street Projects 4 Stormwater Utility * Spring Youth Clean Up * Update Work Rules for Public Works " ~ 2 DONE DONE DONE 2 1 2 3 3 4 4 3 3 3 DONE 2 1 3 4 4 3 4 3 1 4 3 3 TIME % NOTES 10 Projects on hold for winter 20 Questions, complaints, & small projects *SEH working on'report * 7 25 Provide direction/set policies * * * * Council discussion '95 purchase * Should do this ASAP 20 Project requires much City input 5 Assist planner 3 Misc. technical issues * Atec Report has been completed * Concept report is complete * A technician would help * 94 Completion *To be completed in Spring * Choc is working on this * Work is partially complete * City crews will repair outlet * New owner intends to comply * Done except for "special cases" * RFP's this winter * Need Technician or SEH assistance * In-house if we have Technician 5 SEH is completing study * Possible revenue source, helping Diane * Jr. High kids volunteering for service * fI ," e e e t, .,' MEMORANDUM e , TO: Mayor and City Council Steve Russell, Community D~velopment Director ~ FR: DA: January 10, 1995 RE: PUBLIC HEARING ON REZONING OF CUB STORE SITE FROM BUSINESS P ARK COMMERCIAL TO BUSINESS PARK INDUSTRIAL Attached to this memo are two staff reports and recommendations from the planning commission. The first staff report is for the rezoning ZAM/95-4. The planning commission reviewed the request at a public hearing on January 9, 1995, and recommended it for adoption to the city council (resolution attached). The second staff report is for design review and special use permit. The planning commission took final action in approving those permits at its meeting of January 9, 1995. Subject to approval of the rezoning. The special use permit staff report is provided for your information only and not for action. e Attachments: Staff reports: ZAM/95-4 SUP/DR/95-5 L___mm e . , e e I e RESOLUTION CPC/95-2 .. Rezoning Blk, 1 Lots, 1-7 and Outlot F, Matt Hooley Addition from Business Park Commercial (BP-C) to Business Park Industrial (BP-I) Whereas, the Stillwater City Council adopted the Stillwater Business park Plan in 1990, an amendment to the Stillwater Comprehensive Plan. Whereas, the land use plan at 2001 Washington Avenue (Blk 1, Lots 1-7 and Outlot F, Matt Hooley Addition) and subsequent zoning identified the property as Business Park-Commercial. Whereas, the request received was to rezone the property from Business Park Commercial (BP- C) to Business Park Industrial (BP-I). Whereas, the rezoning request was consistent with the land use plan for the following reasons: The proposed use is compatible with exiting land uses. The proposed use provides for a mix of industrial, office, service commercial and community use through the area land use plan (West Stillwater Business Park Plan). Now, Therefore, Be It Resolved, that the property at 2001 Washington Avenue (Blk 1, Lots 1-7 and Outlot F, Matt Hooley Addition) be rezoned Business Park-Industrial. Adopted by the Stillwater Plarming Commission on January 9, 1995. Jerry Fontaine, Chairperson Stillwater Planning Commission . . MEMORANDUM TO: Planning Commission eFR: DA: Planning Staff January 5, 1995 RE: REZONING 2001 W ASHINGTON AVE CASE NO. ZAM/95-4 Background: The 1979 Comprehensive Plan Policies addressed the development of the Industrial Park to serve commercial and industrial development. The road system has been developed for these purposes. In 1990, the city adopted the West Business Park Plan, an amendment to Stillwater's Comprehensive Plan. This plan has established goals and objectives for future development of the area which clearly provide an appropriate framework for industrial and commercial development. These policies include: . Encourage new land uses compatible with existing land uses . Provide adequate land for industrial development of the next 20 years. . Provide for compatible mix of industrial, office, service, commercial and community uses through the area land use plan. The land use plan identified industrial (BP-I) zoning north of Curve Crest Blvd and east of Northwest em Avenue, commercial land uses were identified south of Tower Drive and along Highway 5 due to the existing land uses and visibility to major highways. Discussion: The proposal by Andersen Windows to rezone 2001 Washington Avenue from (BP-C) Commercial to (BP-I) Industrial is to allow the land to be used for a light manufacturing, warehouse and office use. Presently, the commercial zoning (BP-C) does not allow for manufacturing or warehouse uses to be located in this area. However, e office us~s would be permitted. By rezoning this area, manufacturing uses are permitted and warehouse uses permitted with a special use permit. The adjacent existing land uses to the property include a motel and carwash to the east, office, service and a restaurant use to the west, office and retail to the north and Highway 36 to the-south as outlined. cre1reral retail has shifted in the past year to the west at the Stillwater Market Place location. Rezoning this parcel from commercial to industrial would not affect land available for commercial purposes. Also, the policies outlined form the West Business Park Plan are consistent with the proposal. Light manufacturing, office and warehouse uses are compatible with the adjacent land uses as outlined and would not negatively impact those uses. The proposal provides for a mix of uses in the area. The road system in the Business Park and Highway 36 can provide for the proposed land uses. In fact, the proposed use will have less of an impact on the existing transportation system. Findings The proposed rezoning is consistent with the policies in the West Stillwater Business Park Plan, an element of the Stillwater Comprehensive Plan for the following reasons: I. The proposed uses are compatible with the existing land uses. 2. The proposed uses provide for a mix of industrial, office, service, commercial and community uses. Staff Recommendation Approval e Planning Commission Recommendation Approval ,~ &: ~.j" 9 ~ ..t: ~ V) ~k2-k~ 8~ 2.~~ ~~ ~ e . .~DIIIIIIBIDDJDDI ;::t I:Q ~ ~ Z o N CJ ~ h tJ) ~ J:J..l e e \II .. .. .,. e / ,. / / +)/ I )'.1 .I ' I' I' / , ) ) ;--/ o oc e :J CO o 7 2 o en :z UJ CO ~ ..... 4 HIGHL/dH) CT. .J J: C) w ORlE.\N$ ST ::: ~ p.lnCEl ~ I . ~.".l ~ o )... l:l N,F1CEl 2 ~ V\ ~ ;t 0\111. cr . --.--- ~ ""'" r- -L-..! 'Z II I i TOW E R p^"t:fl ~ fll..Y 'N .. ~~\Pt\L I V \.. , .~\ ,,& I DR W Lo n\ l'I\6-2..c...4 fI L (,1 T't :",' ""," I e 'Z I '.WAY' .0. :;LL.~~ v ... ~~~\l..G z ~ -~~~ee: ~) c;r,-~. nON ~ . u R'JAO ,-- , , --'J'(l' 1--- -- 11:-1: I-- Ovl' cr . I 0""": I - I I. \ 2 ! -.----1 ~ ii- r-; z I ) I: I I I' l : I : I} I' ..\ I I ! I I ... I I I ! ' I _L__ _J 0 ~.._... .i. _ .... ~ - .. -~-~~--'--l- I , ~ -------- --..---,---;=: ! ~ i 6 ; ~ 01, r"-'r" .. :-'-"~d~ ~ i . ... - . ,': '. <""-~1: .-----{- I ___1- I ~ I -......... r-.. -<<1 ) 1 ___ If! ( ~ - -r-r I t-!J&I--!wAY 310 ~ ~-----~.~~_~..=-=-=-..J.. ~--~-,.....~~ ~ '?~v()S6"' b ~e:2..o~ 11\l(j- 'S\\'c ; ~. .. ,.... ".h .. I w S I .... e:: I -, -I I __ _.__ J... __._...__ ..._.___ _ , I ; ~ . ! --- i I __l_-.J A~TI\CE-f\JT L~Nb \Jses ie Icrr BP-C -nc t"l"'"}.'" fil - InlllU( IIIOIIWA.y'rm SITE e e e , ' e e e Andersen Usage of Cub Facility 1 . Use of Building: A. Warehouse 80-90% 3 shifts B. Light Manufacturing 10-20% 1 shift C. Office Mezzanine 9500 sq. ft. 1 shift 2. Number of Employees: A. Warehouse B. Manufacturing C. Office Total 10 - 15 10 - 15 75 - 90 95-120 3. Traffic: A. Automobile 120-150 per day B. Truck 1) Andersen 6600 per year or 140 per week 2) Cub 8950 per year or 174 per week 4. Exterior Changes to the Building: No changes are expected to the building other then a new sign "ANDERSEN CORPORATION" (24 inch letters, 30 feet long). ---=-- 5. Landscapi ng: The East side property line will be fully landscaped. 6. Emissions/Noise: There will not be any emissions or noise coming from inside the building. 7. Timing: A. City Approval Process 1) Heritage Preservation Commission 2) Planning Commission 3) City Council B. Cub Transfer to Andersen Corporation Late February 8. Expansion: There is not any definite plans at this time. PLANNING APPLICATION REVIEW Case No. SUP/DR/95-5 Planning Commission Date: January 9, 1995 e Project Location: 2001 Washington Avenue Zoning District: Business Park District Applicant's Name: Andersen Windows Type of Application: Special Use Permit Proiect Description A special use permit to conduct a warehouse, light manufacturing, office use. Discussion The request is to reuse the entire "old" CUB Store as a light manufacturing, warehouse, office use. Andersen's will employ approximately 95 to 120 individuals at this location. The warehouse use will employ 10 to 15 people on three shifts. The light manufacturing use will employ 10 to IS on one shift. A majority of the employees, 75 to 90, will be in the office. - Traffic: As outlined in the attached letter and analysis of truck traffic, according to Andersen representatives, there will be 2,350 less trips outgoing and incoming to the site per year or 34 less trips per weeks. Also, there will be no customer traffic generated by this use since this site will no longer be a retail outlet. CUB presently generals 4,800 cars per day. The local streets in the Business Park have been upgraded to four-lanes with raised medians and signals. The existing road system can accommodate truck traffic directly to Highway 36 or to County Road 5. e Parking Demand: The warehouse use in the structure will be 67,200 sq. ft. According to the Stillwater parking regulations, Subd. 26 of Chapter 31.0 I of the City Code, the demand wi\l be approximately 67 parking spaces. The light manufacturing use of 16,800 sq. ft. wi\l generate 51 parking spaces and the 9,500 sq. ft. of office space use will generate 47 parking spaces. There would, therefore, be a total parking demand of 165 parking~paces. The existing lot presently has approximately 597 parking spaces available. The site can accommodate all the uses proposed. Trailer parking on the site will be located along the east side ofthe building as presently exists. There wi\l be no increase in the trailer parking by the change from a retail use to manufacturing/office/warehousing. The rezoning request (ZAM/95-4) is to allow this use by a special use permit identifies adjacent land uses. There wi\l be no exterior noise level or visual impacts which would negatively impact adjacent properties. The Design Review Committee reviewed and approved the landscape plan and signage proposal at their regular meeting on January 5, 1995. They approved the plan and felt in would actually improve the site. The report is attached. Findings: The proposal meets the policies of the West Business Park Land Use Plan and Industrial Zoning (BP-I). Recommendation: Approval Conditions of Approval I. The phase II landscaping shall be done within 18 months. 2. There shall be no outside storage of materials on site. e Attachments: Application package Planning Commission Recommendation: Approval e e e PLANNING APPLICATION REVIEW FORM CASE NO. SUP/DR/95 PROJECT LOCATION: 2001 Washington Avenue COMPREHENSIVE PLAN DISTRICT: Business Park Commercial ZONING DISTRICT: BP-C FLOOD PLAIN: No SHORELAND/BL UFFLAND: No APPLICANT'S NAME: Andersen Windows TYPE OF APPLICATION: Design Review PROJECT DESCRIPTION: Design Review for signage and landscaping for an office/warehouse/light industrial use at 200 1 Washington A venue. DISCUSSION: The request is to use the "old" Cub Foods Grocery Store as an office/warehouse/light industrial use. The building will essentially stay the same with modifications to the signage and landscaping. There will be no additional air ventilation systems added to the roof of the structure. All existing Cub Foods and tenant signage will be removed along with the pylon sign. Andersen Windows will then add one sign in the brown band area above the main entrance. The sign will be approximately 30 feet x 2 feeC= ~ Landscaping will be added along the east property line as well as in front of the main entrance which will soften the look of this large parking lot. The landscaping will be done in two phases, the first phase includes all the landscaping on the east property line and the second in front of the building. The overhead lighting will be removed along the south border of the property. No other lighting will be added. FINDINGS: The proposal meets the intent of the Business Park Design Guidelines and Sign Ordinance. STAFF RECOMMENDATION: Approval DESIGN REVIEW RECOMMENDATION: Approval '. e ANDERSEN CORPORATION December 23, 1994 Stillwater Planning Commission/City Council: e The following is a description of how the existing Cub facility would be utilized by Andersen Corporation. The overall operation will be a combination of warehousing, light manufacturing and office personnel. The warehouse will utilize about 80% of the floor space and would operate on three shifts. Items that will be stored in the warehouse consists of hardware, screws, vinyl parts, extension jambs, and items of this sort. It will take approximately 10 - 15 people to manage and maintain the warehouse. This will occupy approximately 67,200 square feet of floor space. Light manufacturing will occupy the remaining portion of the floor space. This will consist of a one shift low volume assembly line which uses small clamps, nailer, drills, and pumps. This line is used to produce obsolete items that we no longer manufacture on a continuous basis. It will take approximately 10 -15 people to operate the light manufacturing area which will use about 16,800 square feet. There will not be any industrial equipment (fans, grinders, filter systems, etc.) added to the exterior of the current building. There is 9,500 square feet of office space on a mezzanine. We would locate approximately 75 - 90 office personnel in this area. These offices would be utilized on the day shift only which will range from 6:00 AM to 5:00 PM. The material handling equipment that will be used to service the warehouse and manufacturing area will consist of 5 - 6 electric forklifts (or equivalent type of equipment). We use electric equipment because they are quiet and do not emit carbon monoxide. Our truck traffic is based on operating Monday through Friday with an occasional Saturday. Two thirds of the truck traffic will be during the day time hours. The daily trips will increase during our peak season (June - August) and will decrea~e throughout the rest of the year. Andersen annual inbound trips from outside suppliers is approximately 2,600 trips per year or having an average of eleven trips per day. The trips projected from the current Cub Building to the Bayport facility will be approximately 4,000 trips per year or an average of 17 per day. Our overall trucking will be approximately 6,600 trips per year or 140 trips per week. The current truck traffic at the Cub facility is based on a seven day operation. Their daily average trips is 26. The weekly average is 174 or 8,950 trips per year. In comparison between the two operations, Andersen will have an estimated 2,350 less trips per year or 34 less trips per week. There would also be substantially less automobile traffic due to the change in how the property will be utilized. Approximately 150 - 200 parking spaces will be used for Andersen personnel with a few of those spaces being dedicated to visitors. Trailer parking will stay about the same as Cub's. There are eight spaces allowed on the North East comer of the building for parking trailers. The overall site will be reviewed in the future for further expansion needs. Sincerely, ~ a:in e 100 FOURTH AVENUE NORTH BAYPORT, MINNESOTA 55003-1096 612-439-5150 e Q-Peration: - Warehousing and Light Manufacturing · Warehouse 3 shifts hardware, screws, vinyl parts, ext. jambs, etc. · Light Manufacturing 1 shift . _ clamps, nailers, pumps, small assembly line · Offices 1 shift consist - Personnel · Warehouse 10 - 15 - · Manufacturing 10 - 15 · Office - Total 75 - 90 95 - 120"":=- - Material Handling Equipment · 5-6 Electric Forklifts (or equivalent type of equipment) Note: There will not be any industrial equipment (fans, grinders, filter systems, etc.) added to the exterior of the current building. e Truck Traffic: e - AW Annual Trips · Supplier Inbound 2600 per year or 11 per day avg. · CUB to Bayport 4000 per year or 17 per day avg. Total 6600 per year or 28 per day avg. (140/wk) Note: 21) Operating Monday - Friday with an occasional Saturday. ) 2/3 of the truck traffic will be during the daytime hours. 3) The daily trips will increase during the peak season (June- August) and will decrease throughout the rest of the year. - CUB Annual Trips e · Supplier Inbound 26 trips/day x 6 days + 18 trips/Sun. = 174 trips/wk 174 trips/wk + 7 days = 24.86 per day avg. 24.86 trips/day x 360 days/year = 8,950 trips/y~ar - CUB Trips -vs- AW Trips . CU B Truck Trips per year 8,950 · AW Truck Trips per year 6,600 Less AW Truck Trips per year 2,350 or (174 trips/wk CUB - 140 trips/wk AW = 34 less trips/wk AW) e There would also be substantially less automobile traffic due to the change in how this property would be utilized. e \b ~ ....,.. ~ ..j - ':) At:) e ~ '< ......... 1- vv ~ l1J \> t\~\<..\ tJ.&- La\" .r.... (7yf'.) ;4t. S .'"1," flY' ~ 11"1l0'IAIDCO rlUl(l1 (T7?) e f-A ~T \)~()~~ u. r--l. € -(/~ ~v ~Y<(\ e ~D<::L1=\9l f\J & 1D ~~) ktJDcD ~r0 ~~ h ~ YY-CJ \J t:f-\\-j L \ ~ t: oJ ~ . J.c.:..:..c.o C"..c'c. . 2'-o,..u'~ 6t'1.C{JI II.. If. ~;'''(~h~ (n/e-,,, ]- COlC''''Od 5'~II(l ~\\LLWAT~~ INkl i?~~eR.\Y (,<'t O( AJ Ll- 1:"",,(.(/ L'~IC' J. C. (". ("1"'1:0 S ....l.~ Co ~!:~JIl Ij,,;..... te".vl- - - ~7- CNu: (".,.,,.,-. MMU S {,..( e ._- ..-----n...--UJ- ..-.. -.----------.Q9.- _.. ---.- ---'-'-'-ca- --- .---- Q3 ~ . -- ---- -~. . . / . '"'....... . - y..-....--.----... I - ..--.--.---...--- / --- / - "-- E1c. .A S J.l e tt. OA ~ f.s... AS# ------ -=- Ex. C.OLurlr/AIl BUc.k. THOR'" ", ____ .:ffLo t.-.O, C ____.___..______._:_.._.___. ---..---..--.-..--.-.- -.--~~~~~g._..-- t--.-------.----- . - -- EA.. Tf.C.I1NE.'f RAOD"",,T"t E.l. MltVT JuuP JUlJlnR. (.' ~ .?~~~.. r- "- ==1 ~. -.-"-.' .~F. . ....-.rz~ - :: 4."~"':... ~..~~~~.~~ . ~ ;~l~~~~~ . CONCfI ~ T1i. CUR ~ l..TTI') p R f{ I{ N C'1" ~Y-() ~"\ ~~ \S'U \L\J \ 1\1~ e "".':' It- ---' , . ,e' e e RESOLUTION NO. 95-11 APPROVING ZONING ORDINANCE MAP AMENDMENT WHEREAS, Anderson Windows has requested the rezoning of the 10.47 acre site at 2001 Washington Avenue to from BP-C, Business Park Commercial, to BP-I, Business Park Industrial; BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the rezoning the 10.47 acre CUB grocery store site at 200 1 Washington Avenue (Blk 1, Lots 1-7 and Outlot F, Matt Hooley Addition) from BP-C, Business Park Commercial, to BP-I, Business Park Industrial, is hereby approved. Adopted by Council this 17th day of January, 1995. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk e, .'\. ro, .'~ -. ZAM/95-4 PR0{>OSf,D ZONING e I . ...,~ ....".. . ,."(l\, . w con onA/I.. LIMITS ...."., ,AA(U. I ~ :"l~ _._ ~. L _ - I '" --- ~ I . . -- ....,.. I BP-C .",... ~ ",. 1,((1'/11)'" fi Y - ~ e 3(:; SITE \ MEMORANDUM e TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: January 13, 1995 RE: BACKGROUND ON HOTEL PROJECT The purpose of this report is to give new city council members background information on events that have led up to the sale of the Lumberman's Exchange Building for a hotel project. e The idea for a hotel in the downtown first came up as a part of the downtown plan development in 1987 - 1988. An economic component ofthe plan identified a hotel use as a complementary use to benefit the downtown. A hotel with meeting facilities to bring people to Stillwater midweek and off season was mentioned as an important feature to the downtown. The downtown plan also calls for the preservation of existing historic buildings. The Lumberman's Exchange building (old CUB Food office building) is a contributing structure to the downtown Stillwater Commercial Historic District. The downtown plan called for the illumination and reuse of the railroad land in the downtown and the retention of downtown jobs and Mulberry Point was designated as an extension of Lowell Park in the downtown plan. As a result of these policies and the availability of excess railroad land, city staff was directed to negotiate purchase of lands north of Chestnut Street and South of Mulberry Street from the Burlington Northern. During the time that staff was negotiating purchase of railroad land, CUB Foods who leased the Lumberman's and grocery store land and building from the railroad was notified by the railroad that they were not going to renew their lease that was to expire in 1996. Instead, the railroad would sell the land. CUB began to look for new locations for their corporate office because they needed more space in and around the downtown, in the Stillwater's business park and outside Stillwater. To retain CUB downtown, city staff was directed to work with CUB to find a downtown location and to try to purchase the land from the railroad under the CUB office/grocery store. After months of negotiations with Burlington Northern, the city finally purchased the 6.4 acres from Burlington Northern including the land under the CUB office, Hooley Grocery Store (see attached map). e The city paid $1.2 million for the land and received a $200,000 state grant to purchase the e e e Mulberry Point part of the land. The city purchased the land and leases land from the railroad. Lease rates were increased to cover the costs of city land purchase. CUB lease rate went from $25,000 to $60,000 to cover the costs of city land purchase. The city sold bonds based on repayment with tax increment funds to purchase the land. While the city was working with CUB to find a new downtown location, the junior high school sites became available. The school district, CUB and the city met for six months to evaluate the feasibility of reusing the junior high site for a new CUB office site. The city had a reuse study of the west junior high building prepared to see if it could economically be used as a community center. As a result of the study of the west junior high, it was determined that the cost of converting the building into a community center was too expensive and if the building was used for a community center there would not be enough space for parking for the office building and community center. The intent of the city purchase of the Lumberman's building and land was to provide a location for a hotel. A hotel developer showed interest in the site, Hoffman Corporation, Country Suites. The city worked with CUB and Hoffman Corporation to structure a deal for development of the hotel. The deal required that the city lease the land to the developer and provide TIF assistance. The deal was not acceptable to the council. The current hotel developers made an offer last spring. They would buy the lumberman's building, Hooley Grocery Store and the parking lot for a historic hotel. The terms of that purchase are in the development agreement before council tonight. The remainder of the land purchased from the railroad provides for the extension of Lowell Park to Mulberry Point parking and the extension of Mulberry Street. Sites 3B and 1 could be combined with the Maple Island site for future development (grocery store) The action described above took place over the 5-year period from 1990 - 1995. As a result of the city's involvement, CUB corporate remained downtown, 200 plus jobs and $4 million value, a historic hotel is planned for construction, $3 million, Lowell Park extension is planned fro construction in 1996 and 150 parking spaces have been added between Chestnut and Mulberry Street. In short, the downtown plan adopted by the city council in 1988 is being implemented through the above efforts of the city. /' \ ~ w ,-- - ~ ~ ~ (f) e ~L e ~.' .- , CERTIFICATE OF SURVEY PART OF GOVT. LOTS 2 a 3, SEC. 28, T30N, R20W, WASH. CO., MINN., AND PART OF THE OR/G. TOWN, NOW CITY .~F STILLWATER, MINN. 2: <i ~ .. I - - - iT "-~(:/Il --:- ,,' 11 I \ :/ .. I: I " I' i': ~l ./ ~ I '-.. ~~ ___. -, ! J ~. J~_?-:.,,;:! , ::.~r STREET '.~ b ....J - ,1 - ~! . ~ ,.. 1 j ....', I ,. ....; )111 , " II I }" I! . ,_I ~.,~o~ Ilil- ! 3B J II" I r ,.' Ii:;:. . ~ ~,. ','\ 18 I i: \ 1 .. 0. .: _ . ,j / ,:::_/''::::~_.I I ,,--,.. ..... ; J__ ..- .'. ". ~ /. ,- / . So 48 'h .:l-?'-7~ '?r '" '::;~;... -'-:..;....~~ ~~ ~;~ - -'...': ~~- ,,-. '-":a:-;o .. ~. ....,... _) ". ~.u'--l.c:-" h.,.,. 6-...._- 1717df..Fr.' ,,;: -,.:-.-:: =- ...../:!.?7f:?e _ ( _ _ ..1' ,". V\ () ~ <<l w w ~ II: ~ (fI 1 :- .' , ~~. ":" .J.., .f.' ....' i,: "" I ~.: _, I:l' ~'" , l'-' V\) L. BL. 18 .~-s- ." 11'" II: W ~ ~ 3A " . ,. ##. _ _. L-i . i~~ /1;.. <F :/!'" J-11~f$'f ~C I , ._:. . ~~ x ,-. -- a:: ~ -=! i ~ I I r I I l' ..:- - - ',. ", _......:!:':~:--=O-. .. STREET ~ 0--':'.'" '"' - : P" .:.:~ ... . -. - i .~ - I I \: " 2~ ..--- . _2~ I b .... ~ .Z1; IN.!:.. /"r.. I .... ..... BL t 27 .. I I .. , I .~ t- 1'- ..J ..J W ~- o J ..J -., ," .-~; - '. ., ~ j': :z:: ~ a:: o 2: BL. 27 .. . . ". r , , ." _ -..,. 4~ C"~ OC"C"T 4A . tj~tfc??")P, Lake Saint Croix Ordinary Pool Eiev. 675: "-.- --~~. .",: LJ . e e :3 ~ ..... SI, I"F,CtX AIVEll ~I - ........ i-W..-ir':ntI1H.,,".ri:ef ........~.. CorrdcY ,,~ .I::. -- ~. -.... ~ - '''''J ~ :0/ - .... ... . f " I..... I i~' : , ! ! ! :,. .... ""' ,... - -- ILLUSTRATIVE PLAN .... .... STILLWATER ,DOWNTOWN PLAN , J.' ,~~ out '''li . ,... . , e e e MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon ~ SUBJECT: Financing Hotel Development DATE: January 12, 1995 Pursuant to the development agreement with the St. Croix Preservation Company, the finance committee (Ron Langness, Dave Magnuson, Mayor Kimble, Nile, Steve and 1) met to review and discuss the fmancing for the hotel project. The results of the meeting were that the hotel project is consistent with the City objectives and the finance committee has approved the fmancing as submitted to the City. ~ -- &., ~. _.- ~ SALE AND PURCHASE OF PROPERTY " . . ~ ~' ",r~,,/} THIS AGREEMENT, made and entered into this..2 Lt day of M!rrC1'i, 199J;bY r~d 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"). e R E C I 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, legally described as set forth on Exhibit "A" attached hereto (hereinafter referred to as the "Real Property"). 2. Personal Property and Fixtures Included in the Sale. personal property or fixtures are included in this sale. No items of e 3. Price and Terms. In consideration of the Seller's agreement to sell the Real 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 DOllar"S(jJe5,~0:?100) payable as follows: A. Earnest money of Three ~and ~~a ot~ars ($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. 4. Possession. Buyer shall take possession of the Real Property on the Closing Date. 5. Closinq. The closing for the transaction (the "Closing Date") contemplated by this Agreement shall be held not later than one hundred twenty (120) days after execution of this agreement and satisfaction of all contingencies of both Buyer and Seller as set forth in Paragraphs 9 and 10 of this Agreement by in no event any later than october 1, 1994, unless extended by written agreement of the parties. The closing shall take place at the offices of the City. 6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the Real Property, free and clear of all defects, liens, and encumbrances. Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer and Abstract of Title or Registered Property Abstract to the e 1 e e e Real Property (the "Abstract"), which Abstract shall be properly certified 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 deliver all public documentation on the Real Property within thirty (30) days after acceptance and execution of this Purchase Agreement. On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver the following: A. A Quit Claim Deed for the Real Property in recordable form, subject to the standard ATLA exceptions;7~ B. A Well Certificate; C. An Affidavit of Seller. 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 payor release on the Closing Date the installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing and prior years. C. Seller shall payor release on the Closing Date all other special assessments payable with the real estate taxes in future years. D. Seller shall pay on the Closing Date any deferred real estate taxes, payment of which is required as a result of the closing of this sale. 2 E. 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 for in this agreement. e F. 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. The Real Property is connected to city sewer and city water. B. 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. D. 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. E. Seller has paid for all work, supplies, and materials performed upon and supplied to the Real Property through the date of closing. F. To the best of Seller's knowledge, there exists no litigation affecting the Real Property. G. To the best of Seller's knowledge, there is no condemnation proceedings pending with respect to any part of the Real Property. e H. No party has an option to purchase all or any part of the Real Property. I. 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. J. 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. K. Seller certifies that the Real Property is zoned appropriately for a lodging/convention facility, including a restaurant and bar. 9. Buver's Continqencies. The obligations of Buyer to consummate the transaction contemplated by this Agreement are subject to the fulfillment 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 review and approval of the environmental report to be furnished by Seller. e 3 I C. Buyers obtaining, at its sole expense, an engineering report and Buyer's review and 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. e D. Assurances that an intoxicating, on-sale liquor license will be available for the hotel when constructed. E. Satisfactory evidence that no leasehold interests are an encumbrance on the Real Property. 10. Seller's continqencies. The obligations of Seller to consummate the transaction contemplated by this Agreement are subject to fulfillment not later than thirty (30) days prior to the Closing Date as determined in Paragraph 5 of all of the following conditions, which conditions may only be waived by Seller in writing: A. Approval by the City of a Design Review ~ermit and conditional Use Permit for the construction and operation of a hotel for the Real Property. B. The Buyer has provided to the City evidence that it has obtained sufficient financing for construction and operation of the hotel on the Real Property, and approval of the Buyer's financing plan revealing the method of financing and sources of funds. C. The Seller and the Buyer have negotiated and executed a binding contract for redevelopment, and an assessment agreement for the construction by the Buyer of a, hotel on the Real Property. D. Buyer agrees to the specific language of a restrictive covenant that will run with and bind the land that will require the Real Property to be used for hotel, restaurant and meeting room purposes in perpetuity. e E. Buyer agrees to the specific language of a restrictive covenant that will allow the City the right to-repurchase the Real Property in the event the Buyers have not begun construction of the project contemplated in this Agreement within two (2) years from the date of this Agreement. F. Approval of the Buyer's construction schedule including: a. Plan development and review. b. Final financing arrangements. c. Construction Budget. d. Construction permit submittal. e. Begin construction. f. Estimated completion and occupancy. 11. Riqht of Entrv. 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. 12. Risk of Loss. If the Real Property and improvements located thereon is damaged or destroyed by fire, windstorm, flood or any other casualty or cause in the amount in 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 e 4 notice to Seller within ten (10) days after notice by Seller to Buyer of such fire or other cause, to terminate this Agreement. e 13. Maintenance and Operation Prior to Closina. 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. Further, 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. 14. Remedies. If Buyer or Seller 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 forthwith to Buyer and neither Seller nor Buyer shall be liable for any damages hereunder to the other. 15. 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. 16. 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. 17. 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. e 18. 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 lessees, shall be prorated between the Seller and Buyer as of the Closing Date. -.~ 19. Assianment of Interest. Buyer reserves the right to assign its interest in this purchase agreement, prior to closing, to another entity representing these same principals. 20. 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. 21. Governina Law. This Agreement shall be governed by the laws of the State of Minnesota. SELLER: AS TO CONTENT: e 5 L e e Ie This instrument was drafted by: David T. Magnuson Magnuson Law Firm 324 South Main street, #260 P.o. Box 438 stillwater, MN 55082 BUYER: ST. C~ PRESERVATION COMPANY U~--- / 6 EXHIBIT "A" REAL PROPERTY HOTEL PARCEL Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South half of the Easterly extension of E. Myrtle 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 parallel 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) Original Main Track centerline, as originally located and constructed upon, over and across Block 27. PARKING PARCEL All surface rights on that portion of Block 18, Original Town of Stillwater, Minnesota, 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 parallel with and distant 8.5 feet Westerly of, as measured at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacif ic Railway Company's) New Main Track centerline, as now located and constructed, and between the Easterly extensions of East Myrtle Street and the Easterly extension of Commercial street, according to the recorded plat thereof, retaining in the Grantor all air rights aboye the surface of the parking parcel. 7 J e _ _I <.- ADDENDUM NO.1 e This Addendum, made this J (, ~ay of August, 1994, effective August 9, 1994, is intended to amend and replace paragraph 3 of the Sale and Purchase Agreement executed April 26, 1994, by the City of Stillwater, Washington County, Minnesota ("Seller"), and St. Croix Preservation Company, a Minnesota General Partnership ("Buyer"). 1. Paragraph 3 of the Sale and Purchase Agreement is amended by changing the paragraph to hereafter read as follows: "3. Price and Term. In consideration of the Sellers agreement to sell the Real 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 One Million One Hundred Fifty Thousand and 00/100 Dollars ($1,150,000.00) payable as follows: B. Earnest money of Three Thousand and 00/100 Dollars ($3,000.00) by check, receipt of which is hereby acknowledged. Six Hundred Thirty-Two Thousand and 00/100 Dollars ($632,000.00) cash qr collected funds on the Closing Date. A. c. Five Hundred Fifteen Thousand and 00/100 Dollars ($515,000.00) to be contributed by Seller at closing in consideration of: e a) The agreement to Develop, operate and maintain a historic hotel and conference facility according to the design and specifications approved by the City. b) The creation of job opportunities for City citizens." - 2. In all other ways the Sale and Purchase Agreement shall remain in full force and effect. SELLER: STILLWATER B By BUYER: e ST. CROIX PRESERVATION COMPANY By #~ 01~ General part~ J ,+ ADDENDUM NO.2 e This Addendum, made this 18th day of October, 1994, is intended to amend Paragraph 5 of the Sale and Purchase Agreement executed April 26, 1994 by the City of Stillwater, Washington County, Minnesota (" Seller"), and S1. Croix Preservation Company, a Minnesota General Partnership ("Buyer"). 1. Paragraph 5 of the Sale and Purchase Agreement is amended by changing the paragraph to hereafter read as follows: "3. Closing. Closing for the transaction (the "Closing Date") contemplated by this Agreement shall be held no later than 90 days after execution of this Agreement and satisfaction of all contingencies of both Buyer and Seller as set forth in Paragraphs 9 and 10 of this Agreement, but in no event later than January 1, 1995, unless extended by written agreement of the parties. The Closing shall take place at the offices of the City." 2. A new Paragraph 18a is added that shall read as follows: "18a. Notwithstanding any provision of this Contract to the contrary, Buyers shall pay at Closing the amount of taxes, utilities and other carrying costs on the property (that are agreed to be $7,609.27 per month) that comes due with respect to the property after November 15, 1994." In all other ways the Sale and Purchase Agreement shall remain in full force and effect. e SELLER: CITY OF STILL WATER By r!lt(i'(k~' ?//fl!~- Charles M. Hooley, Mayor ~. BUYER: e e e e MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STRFEl' SUITE 1201 P.O. BOX 438 STILLWATER, MN 55081 TELEPHONE: (611) 439-9464 TELECOPIER, (611) 439-5641 LEGAL ASSISTANTS DAVID T. MAGNUSON MATTHEW A. STAElll.,lNG MELODIE ARVOLD SHELLEY SUNDBERG MEMORANDUM TO: Mayor arid City Council Nile Kriesel, City Coordinator Steve Russell, Community Development Director Diane Deblon, City Finance Director FROM: David T. Magnuson, City Attorney DATE: January 13, 1995 RE: Downtown Hotel Sale The City and the St. Croix Preservation Company entered a contract for the sale and purchase of the Lumberman's Exchange/Hooley's Store site on the 26th of April, 1994. The contract had contingencies both in favor of the buyer and the seller so that each party to the transaction could make sure that problems with the purchase could be ironed out before the property was sold so that once the property was actually sold, construction could begin almost immediately and the City, as the seller, would have reasonable assurances that a site that is now vacant and under-utilized could have a hotel constructed upon it. The contingencies that the City asked be satisfied before the sale can take place are found in Section 10 of the Purchase Agreement, items A through F. I anticipate that as of Tuesday, January 17 the staff is prepared to recommend to the City Council that all of the contingencies have been satisfied and that a resolution should be enacted approving the development contract certifying that the sellers contingencies have been satisfied and authorizing the Mayor, Clerk an appropriate City staff to execute the necessary documents for the completion of the closing. Staff will be happy to answer any questions that the Council has prior to Tuesday's meeting. I would be glad to answer questions by telephone at any time. Enclosed is the execution draft of the Redevelopment Agreement and the Resolution that should be enacted by the Council. DTM/sls RESOLUTION NO. e- WHEREAS, pursuant to the Minnesota Development District Act, Minnesota Statutes ~469 .124- 469.134, as amended (the "Act"), the City Council authorized the establishment of a Development Program (the "Program") pursuant to the Act and has established Tax Increment Financing District No. 1 (the "District"), and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes of the State of Minnesota; and, WHEREAS, the major objectives of the Council in establishing the Development District were to remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for public parking, utilities and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and, in furtherance of the Program and the Plan, the City acquired ownership of real estate in the Downtown area of the City in both Blocks 18 and 17 that was formerly owned by Glacier Park Company (the "Property") and had located on it a building known as the Lumberman's Exchange Building and the Hooley's Supermarket; and that pursuant to the Program and the Plan, the City entered into a Sale and Purchase Agreement on the 26th of April, 1994, (the "Purchase Agreement") for the sale of certain portions of the property acquired by Glacier Park to the St. Croix Preservation Company, a corporation organized and existing for the purpose of constructing a hotel, restaurant and conference center on the property (the "project"); and, WHEREAS, it also appears to the City Council that in view of the rehabilitation that is needed on the site and the necessity to maintain the historical character of the site after construction, that the project would not be feasible without the tax increment assistance that is described in the Redevelopment e Agreement and provided under the Act; WHEREAS, the contingencies contained in the Purchase Agreement in favor of the City appear to have been satisfied; and, WHEREAS, a Redevelopment Contract has been prepared that will provide reasonable assurances to the City that after the property is sold, a hotel will be constructed on the site; and, WHEREAS, it will be necessary for the City to prepare and execute certain documents in furtherance of the sale and to participate in the closing; and to have authority for the Mayor, Clerk and other City officials to take actioni pursuant to the Redevelopment Contract and the Purchase Agreement; and, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the sale of the property, the Redevelopment Contract and the ultimate revitalization of the property described in the Purchase Agreement is in furtherance of the Program and the Plan all developed pursuant to the Act. 2. That the construction of a hotel in the Downtown area of the City that is envisioned by the Redevelopment Contract would not be feasible without the assistance provided to the developers pursuant to the Act, the Program and the Plan, the assistance being in the form of pay as you go tax increment assistance, given as reimbursement for eligible expenses, e 3. That the Redevelopment Contract, as presented on January 17, 1995, be and the same hereby is approved. e 4. That the Mayor, Clerk and appropriate City staff are hereby authorized to conduct the closing and to execute such necessary documents as are in furtherance of this purpose. Enacted by the City Council this 17th day of January, 1995. Jay B. Kimble, Mayor ATIEST: Modi Weldon, City Clerk e e e e e Execution Draft Approved January 17, 1995 CONTRACT FOR PRIV ATE REDEVELOPMENT Between THE CITY OF STILL WATER, MINNESOTA And ST. CROIX PRESERVATION COMPANY This document was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 Section 1.1. Section 2.1. Section 2.2 Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. Section 3.7. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. TABLE OF CONTENTS e ARTICLE I Definitions Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II Representations and Warranties; Interpretive Rule Representations by the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Representations and Warranties by the Redeveloper . . . . . . . . . . . . . . . . . . .. 4 ARTICLE III Conveyance of Redevelopment Property Conveyance of Redevelopment Property . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Time of Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Consideration ........................................... 5 Title ................................................. 5 Additional Conditions to City Activities ........................... 6 Limitation on City's Financial Obligations. . . . . . . . . . . . . . . . . . . . . . . . .. 6 Contingencies to Redeveloper's Obligations . . . . . . . . . . . . . . . . . . . . . . . .. 6 e ARTICLE IV Construction of Minimum Improvements Construction of Minimum Improvements . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Construction Plans ........................................ 7 Commencement and Completion of Construction . . . . . . . . . . . . . . . . . . . . .. 7 Certificate of Completion .................................... 7 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Tax Increment Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 ARTICLE V Insurance Section 5.1. Insurance................................................ 9 e e e Ie ARTICLE VI Real Property Taxes and Assessments Section 6.1. Real Property Taxes ....................................... 11 Section 7.1. Section 7.2. Section 7.3. Section 7 A. Section 7.5. Section 7.6. Section 7.7. Section 8.1 Section 8.2. Section 8.3. Section 9.1. Section 9.2. Section 9.3. Section 904. Section 9.5. ARTICLE VII Financing Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Limitation Upon Encumbrance of Property ......................... 12 Approval of Mortgage .............................. . . . . . . . . 12 Copy of Notice of Default to Mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Mortgagee's Option to Cure Defaults . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 12 City's Option to Cure Default on Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . 13 Modification for Benefit of Mortgages ............................ 13 ARTICLE VIII Prohibitions Against Assignment and Transfer Representation as to Redevelopment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Prohibition Against Transfer of Property and Assignment of Agreement ....... 14 Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 ARTICLE IX Events of Default Events of Default Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Revesting Title in City Upon Happening of Event Subsequent. .. . . . . . . . . . . . 16 No Remedy Exclusive ...................................... 17 No Additional Waiver Implied by One Waiver . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE X Additional Provisions Section 10.1. Conflict ofInterests; City Representatives Not Individually Liable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 10.2. Equal Employment Opportunity ................................ 17 Section 10.3. Provisions Merged With Lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 section lOA. Titles of Articles and Sections ................................. 17 Section 10.5. Notices and Demands ...................................... 17 Section 10.6. Counterparts ............................................ 18 TESTIMONIUM SIGNATURES ii SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E Description of Redevelopment Property Redevelopment Deed Assessment Agreement and Assessor's Certification Certificate of Completion and Release of Forfeiture Permitted Encumbrances _I e Hi e e e e CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, dated the 17th day of January, 1994, between THE CITY OF STILL WATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and ST. CROIX PRESERVATION COMPANY (the "Redeveloper"), a Minnesota general partnership. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124-469.134, as amended,- the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") pursuant to the Municipal Development Districts Act; and has established Tax Increment Financing District No.1 (the "Financial District") and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and Plan the City has acquired certain real property located in the District (such real property is more particularly described in Schedule A to this Agreement), and has determined to sell parts of the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1 1.1.01. "Act" means the Municipal Development Districts Act, ~innesota Statutes, Section 469.124 et ~., as amended. e 1.1.02. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.03. " Available Tax Increments" means those tax increments received in the six months prior to the Scheduled Payment Date with respect to the Redevelopment Property, less administrative expenses as defined in Minn. Stat. ~ 469.174, Subd. 14, and less any tax increments generated with respect to the first 1.2 million dollars of valuation, which increment shall remain the property of the City, and further limited to reimbursement for those expenses that are eligible for reimbursement under the Act and the program, which are land acquisition $635,000 and demolition costs of $200,000, for a total of $835,000. 1.1.04. "Certificate of Completion" means the certification, in the form of the certificate contained in Schedule D attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.05. "City" means the City of Stillwater, Minnesota. 1.1.06. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and landscape plan; and (6) such other plans or supplements to the foregoing plans as the City may reasonably request. e 1.1.07. "County" means the County of Washington, Minnesota. 1.1.08. "Development District" means Municipal Development District No. 1 created by the City. 1.1.09. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.10. Intentionally Omitted 1.1.11. "Holder" means the grantee under any Mortgage. 1.1.12. "Hotel Parcel" means that portion of the Redevelopment Property described as the "Hotel Parcel" on Schedule A. 1.1.13. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans. 1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, Section 116D.Ol et ~., as amended. 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, e 2 e e e Sections 116B.01 ~ ~., as amended. 1.1.16. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VII of this Agreement. 1.1.17. "National Environmental Policy Act" means the federal law located at 42 U.S.C.~~4331 et gm., as amended. 1.1.18. "N et Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. 1.1.19. "Parking Parcel" means that portion of the Redevelopment Property described in Schedule A. 1.1.20. "Permitted Encumbrances" means the encumbrances described in Schedule E of this Agreement. 1.1.21. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.22. "Redeveloper" means St. Croix Preservation Company, a Minnesota General Partnership. 1.1.23. "Redevelopment Property" means the real property described in Schedule A of this Agreement, consisting of the Hotel Parcel and the Parking Parcel. 1.1.24. "Redevelopment Property Deed" means the Deed in Schedule B of this Agreement, used to convey the Redevelopment Property from the City to the Redeveloper. 1.1.25. "State" means the State of Minnesota. 1.1.26. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE II Representations and Warranties: Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 3 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of the Act. e 2.1.3. The City has acquired the Redevelopment Property in accordance with the Plan and this Agreement and will sell and convey the Redevelopment Property to the Redeveloper upon which the Redeveloper will construct the Minimum Improvements. 2.1. 4. The City has acquired title to the Redevelopment Property. 2.1.5. The City has determined that the Minimum Improvements proposed to be constructed on the Redevelopment Property are an allowable use under the City zoning ordinance. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 2.2.2. The Minimum Improvements will be maintained as an allowed use under the zoning ordinance of the City. 2.2.3. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations, and will have obtained any and all necessary environmental reviews, and is in compliance with the requirements of the National e Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and the Critical Areas Act of 1973. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.4. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.5. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purported I y arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. 4 e e e e ARTICLE III Conveyance of Redevelopment Property Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the Redevelopment Property to the Redeveloper pursuant to Article III of this Agreement if the following conditions are first satisfied with respect to the Minimum Improvements to be constructed thereon: (i) the Redeveloper is not then in default under this Agreement; (ii) the conditions set forth at Section 3.5 have been satisfied. Section 3.2. Time of Closin~. 3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured), the City shall execute and deliver to Redeveloper the Redevelopment Property Deed on the later of: (i) the conditions set forth in Section 3.5 have been satisfied; or (ii) on such other date as the City and the Redeveloper shall mutually agree in writing. 3.2.2. Unless otherwise mutually agreed by the City and the Redeveloper, the execution and delivery of all deeds and the payment of any purchase price shall be made at the principal offices of the City. Section 3.3. Consideration. 3.3.1. The consideration to be paid to the City by the Redeveloper in exchange for the Redevelopment Property Deed, at the time and date of closing, shall be the net residual payment of $635,000 (from the acquisition price of $1,150,000, less the contribution of $515,(00) and the continuing promises of the Redeveloper contained in this agreement. Section 3.4. Title. 3.4.1. The City agrees that it will, on or before the date that the City delivers the Redevelopment Property Deed, review the state of title to the property and take such actions as may be reasonably possible to render title to the parcel marketable. 3.4.2. The City shall voluntarily take no actions to encumber title to any parcel of the Redevelopment Property between the date of this agreement and the date on which the Redevelopment Property Deed for the parcel is executed by the City and delivered to the Redeveloper. 3.4.3. Reservation of Option. The City hereby reserves an option with respect to the Parking Parcel that will allow the City, upon one (1) year's written notice to the Redeveloper, to construct a public parking ramp of up to two levels upon and on the Parking Parcel. The Redeveloper shall be under a continuing obligation to execute any legal instruments needed by the City to effectuate this work. This option shall not limit the right of the Redeveloper to construct a similar public parking facility upon the 5 Parking Parcel in which event the City shall release this option. Section 3.5. Additional Conditions to City Activities. Without limiting any other provision of this Agreement, the City shall not be obligated to deliver the Redevelopment Property Deed unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon: e 3.5.1 The Redeveloper has submitted Construction Plans which have been approved by the City in accordance with Section 4.2 of this Agreement; 3.5.2. The Redeveloper has obtained financing sufficient for construction of the Minimum Improvements as set forth in Article VII of this agreement, the disbursement of which is subject only to such conditions as the City may approve; and 3.5.3. The City has approved an arrangement for disbursement of funds by the Redeveloper or its lender that will insure the performance of the Redeveloper's obligation to construct the Minimum Improvements and the payment of liens or claims related to the furnishing of labor or material furnished in connection with the construction on the Minimum Improvements. 3.5.4. The Redeveloper has submitted to the City executed binding construction contracts which provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. Section 3.6. Limitation on City Financial Obligations. 3.6.1. The parties hereto agree that in no event shall the City be obligated to expend pursuant e to this Agreement more than the tax increment expressly described in this agreement. Section 3.7 Contingencies to Redeveloper's Obligations. The satisfaction of each and every of the following contingencies shall be conditions precedent to Redeveloper's obligations and liabilities hereunder. 3.7.1. The issuance of an intoxicating on sale liquor license to Redeveloper or its designees permitting the sale of alcoholic beverages upon the Redevelopment Property and such reasonable assurances as may be permissible of the renewal thereof. 3.7.2. The ability of Redeveloper to obtain satisfactory financing for the Minimum Improvements, the acquisition of the rights to the Redevelopment Property and the other costs and expenses associated with the proposed Project. The City acknowledges that a lender providing financing for the Minimum Improvements may reasonably request that certain amendments or modifications be made in this Agreement. The City agrees to authorize, execute and deliver written evidence of its consent to such reasonable amendments or modifications. 3.7.3. The ability of the City to provide Redeveloper and its lender with reasonable evidence that the City owns the Redevelopment Property free and clear of all liens, mortgages and encumbrances or other claims except easements or restrictions of record. 6 e ARTICLE IV e Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. 4.2.1. The Preliminary Plans and Construction Plans are deemed approved by the City. 4.2.2. If the Redeveloper desires to make any change in the Preliminary Plans or Construction Plans, the Redeveloper shall submit the proposed change to the City for its approval. If the Preliminary Plans or Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. The change in the Preliminary Plans or Construction Plans shall, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to the Redeveloper, setting forth in detail the reasons therefor. The rejection shall be made within ten (10) days after receipt of the notice of the change. e Section 4.3. Commencement and Completion of Construction. The Redeveloper shall commence construction of the Minimum Improvements within seven (7) days after delivery of the Redevelopment Property Deed, or on such other date as the parties shall mutually agree. The Redeveloper shall complete the construction by December 31, 1996. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity with the Preliminary Plans and Construction Plans as submitted by the Redeveloper and approved by the City. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certifying. e 7 The certification by the City shall be a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct a the Minimum Improvements and the dates for the beginning and completion thereof. The certification .., and the determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 4.4.2. The certificate provided for in this Section 4.4 of this Agreement shall be in a form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction shall be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon which a certificate of occupancy is issued.. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. Section 4.6. Tax Increment Payments. Provided that the Minimum Improvements are substantially completed by January 1, 1996, the City agrees to pay in equal installments, during the life of the tax increment financing district beginning on August 1, 1997, and again on February 1, 1998, (the "Scheduled Payment Dates") and each August 1 and February 1 thereafter, a sum equal to 50% of the available tax increments generated by the Minimum Improvements; the "Scheduled Payments." e Each payment shall be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper at 306 Olive Street, Stillwater, Minnesota 55082. The Redeveloper by notice to the City may designate different addresses to which the payments shall be sent. The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only to the extent that the City shall have received as of the Scheduled Payment Date Available Tax Increments, as defined in this Contract, received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment property. To the extent that on any Scheduled Payment Date the City is unable to make the total Scheduled Payment due as a result of its having received insufficient Available Tax Increments, the Scheduled Payment shall be suspended until such time as the City has received, by payment of delinquent taxes or otherwise sufficient increment, for payment of the suspended amount. This obligation shall not be payable from or constitute a charge upon any funds of the City, and the City shall not be subject to any liability or be deemed to have obligated itself to pay from any funds 8 e e e e except the Available Tax Increment, and then only to the extent and in the manner herein sPl?cified. The Redeveloper shall never have or be deemed to have the right to compel any exercise of any taxing power of the City or of any other public member, officer, employee or agent of the City, shall be liable personally for any payment. ARTICLE V Insurance Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's Risk Insurance, written on the so-called "Builder's Risk--Completed Value Basis," in an amount equal to one hundred percent (100 % ) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City. (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. 5.1.2. Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse and flood in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $25,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or 9 otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements' _ (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and ., other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or , insurer, selected and paid for by the Redeveloper and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the names of the Redeveloper and the City as their respective interests may appear and shall contain clauses which provide for Net Proceeds of insurance resulting from claims per casualty thereunder to the Minimum Improvements to be made payable in accordance with the terms of any approved Mortgage, or if no Mortgage, in trust for the benefit of the Redeveloper and it as their intent may appear. The City and the Redeveloper shall jointly agree on the amount of settlement. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability not arising from ownership or operation of automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each occurrence and for each year for liability arising out of ownership or operation of automobiles (or other motor vehicles). (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Redeveloper engaged in work with respect to the construction of the Minimum Improvements, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self- tit insured with respect to all or any part of its liability for worker's compensation. 5.1.3. All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it without giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Redeveloper shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V of this Agreement, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent 10 e e e e necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper shall within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction shall be disbursed to the Redeveloper. 5.1.5. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to such damage or destruction received by the City shall be released from time to time by the City to the Redeveloper upon the receipt of: (1) A certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with such repair, reconstruction and restoration and stating that such Net Proceeds, together with any other moneys legally available for such purpose, will be sufficient to complete such repair, construction and restoration; and (2) If Net Proceeds equal or exceed $25,000 in amount, the written approval of such certificate by an independent engineer. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be remitted to the Redeveloper. ARTICLE VI Real Property Taxes and Assessments Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper shall pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments payable therewith and thereafter. ARTICLE VII Financing Section 7.1. Financing. 7.1.1. The Redeveloper has submitted evidence of a commitment for financing that is deemed 11 by the City to be sufficient for construction of the Minimum Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: e (a) for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies), and (b) only upon the prior written approval of the City. . (c) except operating agreements. Section 7.3. Approval of Mortgage. The City shall approve a Mortgage if: (a) the City first receives a copy of all mortgage documents; (b) the City determines, in its sole discretion, that the mortgagee is a responsible lender capable of and authorized to make the mortgage loan; (c) the City determines, in its sole discretion, that the mortgage loan, together with other e funds available to the Redeveloper, will be sufficient to construct Minimum Improvements; (d) the City determines, in its sole discretion, that no Event of Default has occurred; and (e) the City determines, in its sole discretion, that the terms of the Mortgage conform to the terms of Section 7.6 of this Agreement. The approval of the City shall not be unreasonably withheld. Section 7.4. Copy of Notice of Default to Mortgagee. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each Holder of any Mortgage authorized by the Agreement at the last address of such Holder shown in the records of the City. Section 7.5. Mortgagee's Option to Cure Defaults. After any breach or default, each such Holder shall (insofar as the rights of the City are concerned) have the right (but not the obligation), at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Redevelopment Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage: Provided, That if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to permit or authorize such Holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum 12 e e e e Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Minimum Improvements on the Redevelopment Property or the part thereof to which the lien or title of such Holder relates. Any such Holder who shall properly complete the Minimum Improvements relating to the Redevelopment Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification by the City to such effect in the manner provided in Section 4.4 of this Agreement, and any such certification shall, if so requested by such Holder, mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Redevelopment Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to cure or remedy any default with respect to the construction of the Minimum Improvements on other parts or parcels of the Redevelopment Property, or because of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Redevelopment Property to which such certification relates. Section 7.6. City's Option to Cure Default on Mortgage. In the event that the Redeveloper is in default under any Mortgage authorized pursuant to this Article VII of this Agreement, the mortgagee, within ten (10) days after it or any of its agents or employees become aware of any such default and prior to exercising any remedy available to it due to such default, shall notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If, within thirty (30) days after receipt of said notice, the City cures any monetary defaults under the Mortgage and commences the actions necessary to cure any other default (and cures the other default within six (6) months after receipt of said notice), then the mortgagee shall pursue none of its remedies under the Mortgage based upon the said default of the Redeveloper. In the event of a transfer of the title to the Redevelopment Property to the City, or a third party approved by the City, whether or not required to cure a default under the Mortgage, said transfer shall not constitute an event of default under the Mortgage unless the security of the mortgagee has, in fact, been impaired by said transfer. In the event of said transfer (which does not impair the security of the mortgagee), the mortgagee shall permit the transferee to assume all outstanding obligations (and receive all remaining disbursements) under the Mortgage and the loan secured by the Mortgage. The City will not approve any mortgage, pursuant to Article VII of this Agreement, which does not contain terms which conform to the terms of this Agreement. The City may modify any of the terms or requirements of this Agreement with the mortgagee of any Mortgage without the approval or consent of the Redeveloper after obtaining possession. Section 7.7. Modification for Benefit of Mortgages. In order to facilitate the Redeveloper's obtaining of financing for construction of the Minimum Improvements the City agrees that it will consent to reasonable modifications of this Agreement if requested by a prospective lender and if the City, in its reasonable discretion, determines that such modification(s) will adequately protect the legitimate interests and security of the City in the Redevelopment Property and Minimum Improvements and under this Agreement. ARTICLE VIII Prohibitions Against Assi~nment and Transfer Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, 13 and will be used, for the purpose of redevelopment of the Redevelopment Property and not fora speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of . the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making such redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 8.2. Prohibition Against Transfer of Property and Assignment of Agreement. Also, for the foregoing reasons the Redeveloper represents and agrees that: 8.2.1. Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under the Agreement, and only if such financing has been approved by the City, the Redeveloper (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof or any interest therein, or any promise or agreement to do any of the same, without the prior written approval of the City. 8.2.2. The City shall be entitled to require as conditions to any such approval that: - (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Redevelopment Property, such obligations to the extent that they relate to such part). (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or relates to part of the Redevelopment Property, such obligations, conditions, and restrictions to the extent that they relate to such part) even if the Redeveloper agrees to continue to fulfill those obligations: Provided, That the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall, for whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transf~ree or successor of or from said obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Redevelopment Property or the construction of the Minimum Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer _ 14 tit e e of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Redevelopment Property and the construction of the Minimum Improvements that the City would have had, had there been no such transfer or change. (iii) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. Section 8.3. Approvals. Any approval required to be given by the City under this Article VIII of this Agreement may be denied only in the event that the City reasonably determines that the ability of the Redeveloper to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes due and payable on the Redevelopment Property before they become delinquent. 9.1.2. (Intentionally left blank.) 9.1.3. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.4. Failure by the Redeveloper to submit a commitment for financing to the City in a timely manner pursuant to the terms and conditions of Section 7.1 of this Agreement. 9.1.5. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article IV of this Agreement. 9.1.6. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder. 15 9.1.7. The Holder of any Mortgage exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity in the event of a default in any of the terms or e conditions of the Mortgage. 9.1.8. Failure of the Redeveloper to submit satisfactory Construction Plans in accordance with Section 4.2 of this Agreement. 9.1.9. (Intentionally left blank.) 9.1.10. The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; (ii) makes an assignment for the benefit of its creditors; (Hi) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take anyone or more of the following actions after providing thirty (30) days written notice to the Redeveloper of the Event of Default, but 001 y if the Event of Default has not been cured within the thirty (30) days, or if the Event of Default is by its nature incapable of being cured within the thirty (30) days, the Redeveloper does not furnish the City with assurances, .. reasonably satisfactory to the City, that the Event of Default will be cured and will be cured as soon as _ reasonably possible: 9.2.1. Suspend its performance under the Agreement until it receives assurances from the Redeveloper, deemed adequate by the City, that the Redeveloper will cure its default and continue its performance under the Agreement. 9.2.2. Terminate the Agreement. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. Section 9.3. Revesting Title in City Upon Happening of Event Subsequent. In the event that subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion: e 16 e 9.3.1. the Redeveloper shall fail to begin construction of the Minimum Improvements in conformity with this Agreement by April 26, 1995, and such failure to begin construction is not cured within ninety (90) days after written notice from the City to the Redeveloper to do so, and upon payment to the Redeveloper of $635,000 plus interest from the date of the Redevelopment Deed at the rate of 6% simple interest per annum. Section 904. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE X Additional Provisions e Section 10.1. Conflict of Interests: City Representatives Not Individually Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law , ordinance or regulation. Section 10.3. Provisions MerS?:ed With Deed. The provisions of this Agreement are intended to and shall be merged with the Deed transferring any interest in the Redevelopment Property. Section lOA. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be e 17 sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 306 Olive Street, Stillwater, Minnesota 55082; and e (b) in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.6. Counter:parts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. THE CITY OF STILLWATER, MINNESOTA By Jay B. Kimble, Its Mayor By Morli Weldon, Its City Clerk e ST. CROIX PRESERVATION COMPANY, a Minnesota General Partnership By By By This instrument was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 18 e e e e SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY HOTEL PARCEL Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South half of the Easterly extension of E. Myrtle 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 parallel 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) Original Main Track centerline, as originally located and constructed upon, over and across Block 27. PARKING PARCEL That portion of Block 18, Original Town of Stillwater, Minnesota, according to the recorded plat thereof, lying Easterly of the Easterly line ofN. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn parallel 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 Main Track centerline, as now located and constructed, and between the Easterly extensions of East Myrtle Street and the Easterly extension of Commercial Street, according to the recorded plat thereof, subject to an option in favor of the City as described in ~3.4.3 of the Contract for Private Redevelopment between the City and St. Croix Preservation Company as approved by the City Council on January 17, 1995. A-I .'&:.:7;;,'-#.".>", 1. .ft.. '.HI!.. ...... '. ",.-'l'......._....,~.".""o>:-,~.-...<'.~,_.. '~..,~ e SCHEDULE B THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal Corporation (the "Grantor"), and St. Croix Preservation, Inc., a Minnesota Corporation (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of one dollar ($1.00) the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"): LEGAL DESCRIPTION To have and to hold the same, together with all the hereditament and appurtenances thereunto belonging in anywise appertaining, to the said Grantee, its successors and assigns, forever, Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions of an agreement entered into between the Grantor and Grantee on the 17th day of January, 1985, identified as "Contract for Private Redevelopment" (hereinafter referred to as the "Agreement") and that the e Grantee shall not convey this Property, or any part thereof, without the consent of the Grantor until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed and for erecting improvements therein in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinance of the City of Stillwater, Minnesota. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the improvements thereon, as provided in the Agreement. Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided int he certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer or a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the improvements, or any part thereof. B-1 . tit All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Washington County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Fail to being construction of the Minimum Improvements (as defined in the Agreement) in conformity with the Agreement and such failure is not cured within ninety (90) days after written notice from the Grantor to the Grantee to do so; or (b) Fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defined in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandonment or suspension shall not be cured, ended or remedied within ninety (90) days after written demand from the Grantor to the Grantee to do so; or e then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured within the time periods provided above and on the terms set forth in ~9.3.1 of the Agreement. SECTION 3. .The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable redevelopment plan as amended and extended and only for hotel, restaurant and meeting room purposes; (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action; e B-2 (d) Not apply for or see~ through administrative or judicial proceedings a reduction in real property taxes but only if such reduction would reduce taxes to an amount set forth in The .. Assessment Agreement as approved January 17, 1995. . (e) Comply with the provisions of Sections 5.1 and 6.1 of the Agreement relating to insurance coverage, and the payment of real property taxes. (t) Comply with the provision of Section 3.4.3 of the Agreement relating to the obligation of the Redeveloper to execute legal instruments in favor of The City. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall,in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Covenants, conditions and restrictions contained in the plan for the Municipal Development District Number 1, as amended as of the date of this Agreement. (b) Provision of the ordinances, building and zoning laws of the City of Stillwater, e state and federal laws and regulations in so far as they affect this real estate. (c) Taxes payable subsequent to the date of this conveyance. by its day of IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf and and has caused its corporate seal to be affixed this _ , 1995. THE CITY OF STILLWATER, MINNESOTA By Its By Its B-3 e - - e STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of , 1995, before me, a notary public within and for Washington County, personally appeared , and tome personally known who by me duly sworn, did say that they are the and of the City of Stillwater (the "City") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its Council; and said and acknowledged said instrument to be the free act and deed of said City. Notary Public This instrument was drafted by: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street, #202 Stillwater, Minnesota 55082 (612) 439-9464 B-4 SCHEDULE "C" e ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND ST. CROIX PRESERVATION COMPANY, INC. AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON e Drafted by: David T. Magnuson, #66400 MAGNUSON LAW FIRM The Grand Garage & Gallery 333 North Main Street, Suite 202 P.O. Box 438 Stillwater, MN 55082 (612) 439-9464 C-1 _I e ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 199_, between The City of Stillwater, Minnesota, amunicipal corporation (the "City"), St. Croix Preservation Company, Inc., (the "Redeveloper"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract for Private Redevelopment for the real property located in the City of Stillwater, hereinafter referred to as the "Redevelopment Property" and legally described in Schedule "A"; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will construct a hotel upon the Redevelopment Property (the "Minimum Improvements"); and WHEREAS, the City and Redeveloper desire to establish a minimum market value for Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; NOW THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. e e Upon substantial completion of construction of the above-referenced Minimum Improvements by the Redeveloper, as evidenced by the delivery to the Redeveloper from the City of the Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value which shall be assessed for the Redevelopment Property described in Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be $1.2 million. The parties to this Agreement expect that the construction of the Minimum Improvements will be substantially completed on or before January 1, 1996. 2. The minimum market value shall be of no further force and effect and this Agreement shall terminate on the date when the Redevelopment Contract either expires or terminates. 3. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, section 469.177, Subdivision 8, set forth in Schedule B hereto. The Redeveloper shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 5. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. C-2 THE CITY OF STILLWATER, MINNESOTA REDEVELOPER By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of ,199 before me, a Notary Public within and for said County, personally appeared Jay B. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that said instrument was signed on behalf of said City by authority of its Council; and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) , 199___, a Notary Public within and for and , the of St. Croix Preservation Company, Inc., to who, being duly sworn, did say that they are the instrument was signed on behalf of said Redeveloper and acknowledged said instrument to be the free On this day of said County, personally appeared and me personally known, Redeveloper, that said and act and deed of the Redeveloper. Notary Public C-3 e - ei e e '. e CERTIFICATION BY COUNTY ASSESSOR The Undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in Schedule "A", hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than until termination of this Agreement. county Assessor, Washington County STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199 , by , County Assessor of the county of Washington. Notary Public C-4 SCHEDULE "A" REAL PROPERTY HOTEL PARCEL Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South half of the Easterly extension of E. Myrtle 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 parallel 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) Original Main Track centerline, as originally located and constructed upon, over and across Block 27. C-5 'e, e e e e ,e SCHEDULE liB" to ASSESSMENT AGREEMENT Section 469.177, Subd. 8. Assessment Agreements. An authority may, upon entering into a development or redevelopment agreement pursuant to Section 469.176, Subd. 5, enter into a written assessment agreement in recordable form with the developer or redeveloper of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements to be constructed thereon until a specified termination date, which date shall be not later than the date upon which tax increment will no longer be remitted to the authority pursuant to Section 469.176, Subd. 1. The assessment agreement shall be presented to the county assessor, of the jurisdiction in which the tax increment financing district is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon such agreement: The undersigned assessor, being legally responsible for the assessment of the above- described property upon completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to such land and improvements upon completion shall not be less than $ Upon transfer of title of the land to be developed or redeveloped from the authority to the developer or redeveloper, such assessment agreement, together with a copy of this subdivision, shall be f11ed for record and recorded in the office of the county recorder or filed in the office of the registrar of titles of the county where the real estate or any part thereof is situated. Upon completion of the improvements by the developer or redeveloper, the assessor shall value the property pursuant to Section 273.11, except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes; provided, however, that the developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the county auditor, any board of review, any board of equalization, the commissioner of revenue or any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and shall be binding upon them. C-6 SCHEDULE D e CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and State of Minnesota, as Deed Document Number(s) _ has conveyed to St. Croix Preservation Company (the "Grantee"), the following described land in the County of Washington and State of Minnesota, to-wit: LEGAL DESCRIPTION and WHEREAS, the Contract For Private Redevelopment as approved the Grantor, on January 17, 1995, (Redevelopment Contract) contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3 and 9.3.1 of the Redevelopment Contract. WHEREAS, the Grantee has performed the covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Redevelopment Contract have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to the land described herein, and the County Recorder in and for the County of Washington and State of Minnesota is hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of the contract referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry, but other covenants created by Section 3 of the Deed shall remain in full force and effect. e Dated: THE CITY OF STILL WATER, MINNESOTA By Its By Its D-l e e e e ST ATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1995, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he is the of the City named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed in behalf of said City by authority of its Council; and said acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1995, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he is the of the City named in the foregoing instrument; that the seal affixed to said City by authority of its Council; and said acknowledged said instrument to be the free act and deed of said City. Notary Public D-2 SCHEDULE E PERMITTED ENCUMBRANCES A first mortgage in the amount of $1,845,000 in favor of the Signal Bank, a Minnesota Banking Corporation and a second mortgage in favor of the Small Business Administration (SBA) in the amount of $1,000,000. e e e: r ~ .. e e e ~il~te~ ,.. "''"'CO" " .",..,~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ANN PUNG-TERWEDO, CITY PLANNER DATE: JANUARY 12, 1995 RE: ACCEPT REQUEST FOR PROPOSAL FOR NORTH HILL ORIGINAL TOWN Back~round: In 1993, the Stillwater Heritage Preservation Commission prepared an Historic Preservation Plan (Context Study) which will be incorporated into the updated Comprehensive Plan in 1995. This plan identified ten (10) Historic Contexts which are broad themes identifying the historical development of Stillwater that may be represented by historic resources (i.e., archeological, buildings, sites, structures). Along with the historic context identification, seventeen (17) Historic Preservation Planning Areas were developed for the purposes of surveying, evaluating and identifying historic resources in Stillwater. In January 1994, the City submitted a grant to the Minnesota Historical Society to assist the City in surveying, evaluating and identifying historic resources of the North Hill Original Town ($3,500 matching grant). The grant was approved in March. The City accepted the grant in August and directed staff to prepare a request for proposals to professional historians to conduct the evaluation and identification of historic resources of the North Hill Original Town. The Planning Department budgeted for this study in 1995. Three proposals were received to conduct the study. All applicants met the National Register Standards for survey and evaluation. Norene Roberts is the most qualified historian to conduct this study. She has done extensive historical research of Stillwater, including the Riverfront, the Downtown Business District, in which she prepared the National Register Nomination, and historic research for the levee wall project. Staff Recommendation: Approval to contract with Norene Roberts to conduct the evaluation and identification of the historic resources of the North Hill Original Town. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 " t I HISTORICAL RESEARCH, INCORPORATED e 7800 Tessman Drive · Minneapolis, MN 55445-2734 · (612) 560-4348 · FAX (612) 560-0567 January 6, 1995 Ms. Ann Pung-Terwedo, City Planner City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Ms. Pung-Terwedo: It is with pleasure that Historical Research, Inc. submits the enclosed proposal for work on the e North Hill residential area. I have just completed a project for SEH and the Corps of Engineers and have refreshed my memory on Stillwater's cultural resources and history. I look forward to working again with the history and buildings of the city. Nancy Lynott O'Brien and I are available to begin the work immediately or come in for an interview at your convenience. Thank you. Sincerely, ~ N orene Roberts, President Enc!. e I e e e Historical Research, Inc. Proposal for a Survey and Evaluation of North Hill area of Stillwater Introduction Historical Research, Inc. (HRI) hereby submits a proposal for the Survey and Evaluation of the North Hill area of Stillwater, an area contiguous to a commercial area surveyed by HRI in 1988-89 which led to the Stillwater Commercial Historic District (placed on the National Register on March 23, 1992). The North Hills area was part of the Original Townsite of Stillwater and the oldest buildings there would be expected to date from between the late 1850s and the 1860s. In fact the southeast portion of the project area contains houses dating from 1858. The 1850s houses are concentrated along Second and Third streets north in the 300 and 400 blocks and in the 200 block of Fourth Street N. Houses on Cherry appear to date from 1848 into the 1880s. The farther north in the North Hill project area, the more recent the houses. Linden has houses mostly dating from the 1870s and 1880s, but two houses are listed as 1854 and 1868. The North Hill Residential area HRI has not seen the context study done by Vogel in 1993, but has done a reconnaissance drive-by, December 31, 1994, to prepare this proposal. The North Hill residential area as defined for this contract appears to have been a transitional residential area. The project area encompasses the north portion of the Original Townsite of Stillwater, a logical boundary geographically, if not architecturally. Our working assumption going into this project is that some of the original owners may have been associated with some of the industries in Stillwater at the north edge of settlement during the period 1855-1900, which may include (possibly) the State Penitentiary, Seymour Sabin & Co., and the Northwestern Car Company. Others may have been early settlers in this area or associated with the retail businesses in the downtown CBD. The north boundary at 6th and School street marks the dividing line between the "North Hill" as defined by this RFP, and the wealthier section of the North Hill. HRI has not done much work with the residential areas of Stillwater, but has three banker's boxes of material on the city dating from 1983 when we first worked in Stillwater for an 1870s house on Myrtle Street for Piper Jaffray Hopwood. Thus far, the only source we have found in our files is a typescript by Paul Caplazi called "Paper on Early Stillwater Days" (1946?) which came from the Stillwater Library. Caplazi mentions "Dutch Town and the north hill" as being built up mostly by those who worked in the Schulenberg, Staples, and Seymour saw mills, the prison, the boom, etc. He also states that "the North Hill was an aristocratic part of Stillwater and [sic] the vicinity of Pine and Sixth. This would account for the presence of some of the more imposing houses in the northwestern portion of the current North Hill project area. We would expect to have some time for oral interviews and some additional research of a general nature on this residential area of Stillwater as part of the current work. ~ Tasks HRI will: · use the site forms generated by the Stillwater HPC, and check or add to the information thereon when the photographs are taken, as warranted (especially in the area of historical physical integrity); · Photograph the properties in the North Hill project area (including any outbuildings) · Submit film and draft photo identification sheets to the City of Stillwater for development and final typing; · Attend three meetings with the HPC during the course of the project (both Norene and Nancy will attend these meetings) · Submit monthly progress reports by the 30th or each month or a date designated by the City of Stillwater; · Evaluate the properties in the North Hill project area in terrps of Stillwater's historic contexts and the criteria of the National Register of Historic Places; · Submit one original printer-ready copy of the final report. HRI can use either Word for Windows or Word Perfect with Windows. e This proposal is based on receiving the following items (on temporary loan to HRI) from the City of Stillwater: · The inventory sheets f1lled out by members of the Stillwater Heritage Preservation Commission for use by HRI during the North Hill project (to use in the field and for- _ research and evaluation); _ · A copy of the Robert Vogel context study for use by HRI during the project; · A copy of the criteria used to establish local designation in Stillwater; · Film (100 ASA T-Max) and d~ye10pment costs, 9!!~ct1y or through the Minnesota SHPO; · Typed photo identification sheets from field sheets provided by HRI; · A large-format plat map which shows blocks and lots so that HRI can color-code properties in the project area according to architectural styles, dates of construction, or both; · Maps and/or other graphics for the final report showing the study area and the possible local or National Register districts and/or eligible properties and their distribution. · Two bound copies of the final report to HRI We understand that Paul Larson is publishing a book based on the research he did long ago for River Town Restorations, Inc. He has extensive research at his home in Quincy, Illinois. He is willing to send general information to us, but can not send us hundreds of photocopies of his research (Personal Communication with Nancy O'Brien, January 5, 1995). e /. ~ e e e Schedule HRI is prepared to begin on the award of the contract. We would begin the historical research and draft map plotting by dates and styles of houses immediately and wait for better weather to photograph the buildings. We assume that a progress meeting could be held around March 15th and at April 30th. Timing of the third meeting is at t~e discretion of the City of Stillwater and the HPC. The tentative schedule is presented below: January ?-March 1: conduct additional research and begin overall evaluation March 1-15: complete taking photographs April 30: present draft report to the Stillwater HPC May 30: present all work products to the City of Stillwater HRI is hand-delivering this proposal on January 6, 1995 with project submittals as follows: Roberts (1985), Roberts (1989), and Roberts (1991), and would like them returned. ....~ /. ~ Personnel and Experience Norene Roberts, Ph.D., will be Principal Investigator. Roberts is qualified under the National Register program as a historian and architectural historian and has worked full time in planning, identification, evaluation, and registration activities since July,. 1978 (see attached resume). . She will be assisted by Nancy Lynott O'Brien, who will conduct some of the research and take all of the photographs. O'Brien is a registered architect in Minnesota (see attached resume). e HRl has successfully completed cultural resource work in Stillwater for 12 years. Work includes: a property investigation on Myrtle Street for Piper Jaffray & Hopwood (Roberts 1983); a Corps of Engineers investigation of the Stillwater Riverfront (Roberts 1985); a fmal report on the intensive National Register survey of Downtown Stillwater (Roberts 1989), and the Stillwater Commercial Historic District nomination (Roberts 1991). HRl has just written a draft cultural resource section for a design report for the Corps of Engineers project on a levee reconstruction and proposed tloodwall at the river front for client SEH of Vadnais Heights: 90 % completed on December 29, 1994. Nancy O'Brien is a registered Minnesota architect. She took 10 quarters of history as part of her Bachelors in Environmental Design at the University of Minnesota. She has done an Architectural and photographic survey of the Twin Cities (1984) and an Urban Design Analysis of the Twin Cities (Spring 1986). Her experience will be applied to the "planning .a methods for preservation of historic structures, landscapes, and neighborhoods" in the final _ report. Proposal HRl assumes that the City of Stillwater does not expect complete ownership chronologies on all the properties in the North Hill project area; that there is very little money in the project budget for intensive original research (re Roberts 1985), and that the bulk of the contract time will be spent on photographs and on evaluating from existing sources and existing contexts whether there is a district (local or National Register) and where those boundaries might be. HRl is not bidding on obtaining and examining abstracts of title on each property nor detailed and extensive newspaper research. We will look at sources for the area which may shed light on the development of the project area such as Sue Collin's index at the Stillwater Library, and other sources, such as the Minnesota Railroad and River Guide for 1867-68;: the Minnesota State Business Directory, 1873; and R.L. Polk directories for dates up to 1945, particularly those issues with reverse city directories. If HRl fmds single buildings eligible to the National Register or to the local designation, these will be identified and justified. e ./> e e e ,. Historical Research, Inc. Budget Proposal North Hill area, Stillwater, Minnesota 1. Photographic survey and recording of architectural integrity of North Hill area (approx. 99 properties) . a. Take photographs of all properties 20 hrs @ $25/hour $500.00 b. Check existing inventory forms for physical descriptions and statements of integrity. Add information as necessary 25 hrs @ $25 $625.00 2. Conduct ~dditional research on the North Hill neighborhood in manuscripts, newspapers, historic photos, and oral interviews 75 hrs @ $25/hr. $1,875.00 (Stillwater Public Library and Minnesota Historical Society) 3. Analyze distribution and evaluate approx. 99 properties for "geographical and architectural patterns. historical physical integrity, and eligibility40 @ $25 $1,000.00 4. Analyze planning methods for preservation of historic structures, landscapes, and the North Hill neighborhood 10 ms. @ $25 $250.00 5. Write final report 40 hrs. @ $25 $1,000.00 6. Attend 3 meetings in Stillwater with HPC 4 hrs x 3= 12 hrs @ $25 (includes driving time) $300.00 7. Project administration 4 hrs. @ $25 ..~ $100.00 Mileage @ .26/mUe x 1000 miles $260.00 Photocopies, postage, supplies, parking at MHS $90.00 $6,000.00 TOTAL TOTAL P. 01 I. e e e L' .... Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: January 13, 1995 Subject: Appointments 1. Park and Recreation Board Michelle Roettger has declined reappointment for another term on the Park and Recreation Board. Attached are copies of the letters of interest received from Angela Anderson and Linda Amrein that were provided for the January 3, 1995, meeting. Recommendation: Choose one of the two remaining applicants to fill the seat being vacated by Ms. Roettger. 2. Solid Waste Advisory Commission A vacancy exists for Council liaison with the Solid Waste Advisory Commission. 3. Dispute Resolution Committee As directed by Council at the January 3, 1995, meeting, a request for letters of interest was published in the Stillwater Gazette and Courier News. As of Friday, January 13, no letters of interest have been received. ... .-1 The City of Stillwater is seeking applications from individuals interested in representing the City e on the Solid Waste Collection Dispute Resolution Committee. 1be purpose of the DRC is to resolve disputes between the contractor and a resident. Interested individuals are asked to send letters indicating their interest and qualifications to: Morli Weldon City Clerk 216 North Fourth Street Stillwater, MN 55082 Letters should be received by the City Clerk no later than 2:00 p.m., Tuesday, January 17, 1995. e No letters of interest have been received as of Friday, Jan. 13, 1995. e IIII i1llil~IIIIIIII:llllllllllhllllllll ,111111111 HI!, III I II I II II 1,11,llll,,1 II II -' -, ;~ i ..~~?,::';'j e'Y;;"I. ']';~ILI ....,..; - ,: 't.;" ,. 1:....,:"",. " ~.:.:'~. , .~!i.&< " .....'.-... ~ngela Anderson 1121 North 4th street stillwater, MN 55082 Morle Weldon, city Clerk ) city Hall ;216 North 4th street ;1 stillwater, MN 55082 October 31, 1994 ~;MS. Weldon, Just recently I heard of an opening on the stillwater Parks and :"~open Space Commission. I am interested in serving on this ;;commiss ion. ''f\~ -;J ,<'-f ij}1 have lived in stillwater for 8 years, and from 1990 to 1993 I , served on the stillwater Planning commission. I have also served on the Subcommittee for Transportation for the Washington County <Comprehensive Plan in 1993/94. 'I am a landscape architect by profession and have been employed by the Department of Natural Resources since 1977. Over the years I have worked in several capacities there, as Environmental Review Coordinator, as Trail Planner, as Coordinator and Editor of the Trail ~xplorer publication, and presently as visitor Services Coordinator for Trails & Waterways. Thank you for your consideration. a:~:J' ~~ cr:derson (612) 430-2421 14t "~.:".';' '4 ,')\} .~; ~. ."', .. I:"'~~" J\:N:\.:j ~ ~ B~ r''L~~ c..(J I J.../S/ 17' , '" December 4, 1994 e stillwater Parks & Recreation Board c/o City of Stillwater 216 North Fourth street stillwater MN 55082 i I'. ; , To Whom it May Concern: I am writing to apply for the vacancy on the Stillwater parks & Recreation Board. I live in Ward 2. I have owned a house at 307 East Laurel since late 1988. My home was part of the old territorial prison site and is located "under" pioneer Park at the foot of the stairway leading to Main Street. Because of my location near Pioneer Park and the Washington County Historical Museum, I am personally interested in the wise development and maintenance of the area's facilities. My employer is Courage Center in Golden Valley, where I work full-time as a physical therapist. My contacts there with people with disabilities have made me much more aware of the need to reduce environmental barriers in our business and recreational facilities. ! e I have been involved with a wetlands mitigation study sponsored by the Minnesota Audubon council for the past two summers. Being out in the field and observing development projects affecting wetlands made me more aware of the need to lessen the destruction of our natural resources and to more consciously preserve their quality and beauty. Local parks and recreational areas deserve the same thoughtful consideration. Prior to moving to Minnesota in 1986, I lived and worked in Michigan. It was there that I'served on three boards of directors: my professional association's district body (I was chairperson), a Christian-association-sponsored counseling center, and my church's governing body. Here, I have been on the St. Paul Audubon Society board of directors for a number of years; I currently am secretary. I also have served a term on my church vestry. These volunteer duties have given me experience with the decision- making processes of boards. I never have been on a city committee or board, and would welcome the opportunity to serve stillwater and its citizens in this manner. I respectfully ask that my name be considered for the current opening. Sin~erely, UMJ11 ~'-ft,t.li~(),~ Linda R. Amrein 307 East Laurel Street Stillwater MN 55082 e. (W) 520-0487 (H) 439-7670 , Kathleen Vadnais : 1206 N. 2nd St. i Stillwater, Minnesota 55082 e! (612) 351-0172 Mayor and City Council Stillwater City Hall 216 N. 4 th St. Stillwater, MN, 55082 January 16, 1995 Dear City Council Members: e I would like to be appointed to the City's Solid Waste Dispute Resolution Committee. My interest is from the perspective of a mediator or neutral third party who believes that most disputes can be settled through discussion. The process you have established for solid waste disputes seems to work successfully for most complaints. However, there might be times when an objective position is needed to help resolve differences. I would like to be on this Committee and be available at those times. My background includes a great deal of community involvement, working through issues and arriving at mutually ag~eeable solutions. I have a strong background as a listener and observer. I believe my experience, and particularly my skills as a mediator would be useful to the city in this capacity. Thank you for your consideration. Sincerel y, ~c de; { Kathleen Vadnais e e e e t>!. (,1 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING DEFERRAL OF ASSESSMENTS FOR PERMANENTLY DISABLED PROPERTY OWNERS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1. AMENDING Section 56.05, Subdivision 1 of the Stillwater City Code is hereby amended to hereafter rad as follows: Subdivision 1. PROVIDING FOR DEFERRAL OF ASSESSMENTS. From and after the adoption of this Ordinance the City Council of the City of Stillwater may, in its discretion, defer the payment of any special assessment heretofore or hereinafter made for local improvements constructed by the City within the City of Stillwater when, in its discretfon, it determines by a three-fifths vote of the Council that one or more of the owners of said property is sixty-five years of age or over, or is retired by reason of permanent disability regardless of age, and that payment of the assessment would be a hardship for the owner thereof. SECTION 2. In all other ways the Chapter 56.05 shall remain in full force and effect. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this _ day of 1995. City of Stillwater Mayor Attest: City Clerk NOTE: Underlined indicates change (addition) to ordinance. ..... MEMORANDUM e TO: Mayor and City Council FROM: City Coordinator SUBJECT: Deferral of Special Assessments (for disability) DATE: Decem? ~ 1/l7j9S- DISCUSSION A request has been made to establish a policy to prO\,ide relief to property o\vners who are retired because of permanent disability and the payment of the assessment would be a hardship. The present City policy provides for deferral of assessments for senior citizens, 65 years or older. Financial disclosure is required to show hardship. If the Council desires to also include a provision for disability, it could adopt the attached ordinance amending the present ordinance. e F or your information, City Code Chapter 30 - Garbage and Rubbish contains a provision for the waiver of any charges for the solid waste collection for citizens who are retired by reason of permanent disability regardless of age. Recommendation Council consider lfst reading of ordinance to establish deferral of assessments for permanently disabled prope . owners. ~ F~~ 1/3/9S e e e e t Qtilmate~ ";";,,,,, ". " "' .,,,eso~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ANN PUNG-TERWEDO, CITY PLANNER DATE: JANUARY 12, 1995 SUBJECT: GRANT FOR HISTORIC SITE SURVEY OF SOUTH HILL ORIGINAL TOWN Back~round: As part of the on-going research, survey and evaluation of historic properties in the City of Stillwater, a project is proposed to conduct an historic site survey of the South Hill Original Town. From this survey, an evaluation will be made as to the historic significance of the area individual sites and if there is a potential historic residential district. This grant is the fourth one to be submitted to the Historical Society. The city received $9,500 for the intensive site survey/National Register nomination for the Downtown Commercial Historic District in 1989. In 1993 we received a grant of $3,250 to do our Context - - ~~ StudyIHistoric Preservation Plan which will be included in our Comprehensive Plan Update, and this year we received $3,500 to conduct a study of the North Hill Original Town. This project needs to proceed because of the grant funding cycle and will implement City Historic Preservation policy contained in existing plans and the new Comprehensive Plan. Discussion: The draft grant proposal, as presented, describes the project in detail. The total budget for the project is $11,200 with the city contributing $6,700 cash, staff time, and other in-kind services. The grant funds requested are $4,500. This is a matching grant. The project will not begin until January of 1996 and proceed into Summer of 1996. Staff Recommendation: Approval to submit grant application to the Minnesota Historical Society for Historiy Survey of the South Hill Original Town. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e Minnesota Historical Society Application Form Certified Local Government 10% Pass Through Funds Send Original and 20 Copies to: Minnesota Historical Society Grants Office 345 Kellogg Blvd. W. S1. Paul, MN 55102 Date Received: MHS Grant No.: 1. Applicant: City of Stillwater Name of City 216 North Fourth Street Street Address Sti llwatp.r MN !1!108? City Zip 5. FIScal Officer: Diane Deblon Name 216 North Fourth Strp.p.t Street Address St;llw~tpr MN l;50A? Zip City e Signature Jay Kimble Print Name (612) 439-6121 Telephone Num~er Date Mayor Title 6. Heritage Preservation Commi~ion Chair: Jp.ff Johnson Name 216 North Fourth Street Street Address 2. CLG Certification Date: Jan. 1988 3. Authorized Official: Sti 11w~tE'Y' MN 55082 Zip City 7.)~!:oject Duration: 10-1-95 TO 6-31-96 216 North Fourth Street Street Address Stillwater 8. Budget Summary (dollar amount): Applicant Match: $ 6,700 Federal Funds: $ 4.500 Total Budget: $ 11.200 4. Project Director: Ann Plmg- TpY'wprln Name City 9. Brief Project Description: The proj ect cons i sts of a survey, and evaluation of the south hill original town in the City of Stillwater. This project is part of the implementation of the preservation planning process established by the Heritage Preservation ________________________________________________________________C~i;LSjLQIlL_________________________________________ Minnesota Historical Society Use Only Dates of: Ap.proved Fundin~: MN 55082 Zip Telephone Num~er Action Taken: _ Approved Grants Review Federal Grant: $ Committee Action: e Denied Applicant Match: $ Project Starting Date: Withdrawn Project Total: $. Project Completetion Date: page 2 Minnesota Historical Society - CLG Grant Application Form e 10. Project Area (please check): x Survey x Evaluation National Register Nomination Forms Local Registration Forms x Comprehensive Planning Public Education (please specify) 11. Detailed Project Description (use additional sbeets as needed): Note: Applications must include all information requested for the project area checked above as outlined i~ Part III of this Grants Manual. e e e e e page 3 Minnesota Historical Society - CLG Grant Application Form 12. Project Products: The project product will be an evaluation document of the historic significance of Stillwater's South Hill Original Town. This evaluation will be based on Stillwater's Historic context Survey as developed by the City in 1993 along with other pertinent information which may be gathered. Local survey forms_and photographs will be completed on each site. 13. Community Support: The City Council gave formal approval to submit this grant application. The City is supportive of planning including preservation planning. The Heritage Preservation Commission is anxious to conduct intensive surveys and facing challenges of preserving residential structures. Rivertown Restoration is supportive of the Heritage Preservation's activities. 14. Project Impact: This ev~uation will determine if all or portio~-.Qf the South Hill Original Town is eligible for local or National Register historic district designation. 15. Project Personnel: Ann Pung- Terwedo, City Planner, will act as project director. A consultant who specializes in surveys and evaluation will be hired for the project. The Heritage Preservation Commission will complete the survey forms on each property. DRAFT DETAILED PROJE~T DESCRIPTION: Background: The City of Stillwater has prepared its own historic contexts document entitled Stillwater Historic Contexts: A Comprehensive Planning Approach which will be incorporated into the City's Comprehensive Plan. This study was compiled in accordance with the Secretary of the Interior's standards for preservation planning. The report was funded with local funds and a CLG grant in 1993. The contexts developed for the City of Stillwater include: Pre Contact Period Native American Culture Traditions in the Lower St. Croix Valley. Native American European Contact and Initial Euro-American Settlement in the Lower St. Croix Valley. Stillwater and St. Croix Triangle Lumbering. Stillwater Town Planning Development. St. Croix River, Railroads, and Overland Transportation. Stillwater and Late-Nineteenth Century Agricultural Development. Late Nineteenth and Early Twentieth Century Industrial Development. 1 e e e e e e Development of Downtown Stillwater. Development of Residential Neighborhoods in Stillwater. Stillwater, City, Washington County, and State Government. These contexts will be used for this project as well as a basis for local designation in the future. Along with the development of the Historic Contexts, Historic Preservation Planning Areas have been assigned which divides the city into manageable areas for survey and evaluation purposes. Appendix "A" is the introduction of the Context Study which describes the historic contexts, the evaluation criteria established for local designation of historic properties, and implementing the Historic Context Plan. Discussion: Project Overview: As stated in the context document, the second area of Stillwater to be intensively surveyed and evaluated as to its local significance and potential for local designation is the South Hill Original Town as shown on Map 1 and Map 2. This area of Stillwater was platted in 1848 and as indicated by the Context Study is one of the early developed residential areas of the city. The South Hill Original Town is 23 square blocks and contains approximately 172 properties. Housing styles range from French Second Empire homes to small, working-class vernacular 2 homes to Queen Victorian. The Washington County Historic Courthouse and three (3) homes e listed on the National Register of historic places are located in the area. The Stillwater context study describes this area, which emerged in the late nineteenth century as a residential district occupieJmostly by mill workers, mechanics, trades people and~enerous sprinkling of wealthy capitalists. The area was known to the earliest settlers as "Zion Hill" and ~o-'b\-l.~~ (ou.~ was later names "Government Hill" after the construction of the ~ courthouseV'\'-.:> \ <6l:,). The project as proposed will be to complete city survey forms as attached (Appendix"B") on each property, photograph each property, then evaluate the area as to its local historic significance. This process will follow the Secretary ofthe Interior's Standards for Registration (pages 44726 to 44728 in the Federal Register of 9/29/92 and in the Mn SHPO's Guidelines for SHOP Architecture/History Proiects of January 1993. e The Historic C6htexts will be used-in the evaluation pnase along with the following criteria established by city ordinance. (a) Its character interest or value as part of the development heritage or cultural characteristics of the City of Stillwater, State of Minnesota or the United States. (b) Its location as a site of a significant historical event. (c) Its identification with a person or persons who significantly contributed to the culture and 3 e e e e development of Stillwater; (d) Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment; (e) Its identification as work of an architect or master builder whose individual work has influenced the development of Stillwater; (f) I~s embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; and (g) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City of Stillwater. The Heritage Preservation Commission will complete 172 survey forms on each property. A consultant will be hired to photograph each property, review the survey sheets and evaluate the area as to its significance. The consultant hired for this project will follow the Secretary of the Interior's Standards for survey and evaluation. The individual will also meet the Secretary of Interior's Professional Qualifications Standards (see page 44738) in the Federal Register of 9/29/83. A potential local historic district recommendation is anticipated out of the evaluation phase of 4 the project along with other recommendations regarding the preservation of Stillwater's small town character. A document will then be prepared with recommendations on a local district. The document will be used as supporting documentation for future local designations of the South Hill Original Town. The survey forms and photographs will then be filed in the St. Croix Collection of the Stillwater Public Library for use by the local residents, city staff and property owners. Rivertown restoration will also find this information useful in their preservation efforts. 5 e e e ."ilI~f~\ '.(;:1 ;'I::~ ,':~f'r;~t:f ~;.., !:\r{;::~':1~/f?~(~W~,:' :. !.3 ~ s = on on - - ;: .., ~ it~ ;; ~ on z: ;3: o c:2:1"- UJ ~ .-J c:2:c:2: z: I"- ...... Uc.!:l UJ ...... 'J ~ 00 ~ 0.. .-J .-J 0...... UJ :J: .-J ...... :J: c:2: l"- I"- :::> UJO oc/) N 0.. CO ::E e J i ~ I"t-~-- ~\\ ,,------'- e a i > 1-='1, !i'11-. _ " - _ - -=-;. r--~' " -- hi /1I~<;;'", "," -::.: ~.!1I ~ I Jk},.' ,'V'J ltl~ ~ ., , ( '1 '~ .' ~'. "r . . ...... A ----L .,Vi' ~ 'P'ft "i7~~ .... ---,---+--/- \ \- ,).\ ~ I \\?5' I --:;-~ ~- ,', -A ,~"A',' "-- i / .." ~ ~ ---~ '--;;,,-;;:;" ~ -r"j ~"'J/ ' - IJ , I"" . . ""'=' _\ -..- ~- - - 0- ~'~;;.;?:i -' ~.. I:: -. :,...- -- :::::::--- I ,'Vi " ' f-- f-,/;-'A :/ :s...\ ---.:::, ~1.~_J:z;;}.-~ r.n;:~ei' / i :.- L. L i'."..',~. fJ -. /\5:tR\\ --'1 ~<' :::: ::r.~, ti~t! i'~/ :' : ll' ,roo- I~ ~.. .~~ ~.~/ \'), ~ ~\ .."...... 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'.~~", 'ft! ,'i\: ~'- SOOTH HILL _ ",,,a . ~. , t'~ CJ 0 ",,:,':', . ~\\ ~m:J I I, ,j "'t ': "_<" : G I "", 'l'~ '. ~:"'-":., : ::~.'i$,'.l(r J I' : \ \1, O~IGINAL TOWN -J ~'~-'L-lr__~'" I ! __ r . '~-- "-'. '::' ijtm~I, . ',: ,.~\,~.~ .~~~-~~ \\ ')~J " .__ ~ '-'--.iJ- _or[- -l\f. 'f--=-:-=- ,;;;::;:,.L-.",,: '=.. . - :' .,. f'!. rn. ~m:\\ ~.' ,\l.. ~ \ ' \\ ~ .." I ~/I ~T"l ~. - r- - , . iI' "\ ~ 1 ,~~ '\ \I \:"'" ~ \ '---.:;::-.?t:'" I',. ' " J7::.... ;. '.. . I'! II i11tJ!it [ji~,1'1 lli" i '\ "= lj \' ,./\~ ) ~ DDOJECT AREA ~/ :' .' ~" ~ '~'iLt u I' " .j Hi'~' , ~s''''~'t''''''' I!) ~ ': J' r :~:,1, . '. ' . '. ' ~ ~, "CJ". . r.' .. . - i " ~ ~': . - , \, \\ "\ " , .-::" J );,- I, .,' . '-~ F-f' ~mHmn ,. = ' .~~~' ~'l~\\':I' -.. .;::;;=;IC.:~.c.::i:E~-;;'TT~!ti'" . --:', -ri. ~'i'" :: - ), I'\".~ ",' . 'llLI'J G-' ~trifJ~.,-' .... I." I] .'~ ~~, "'~" .~" \\ 'r;-..... ;' ~ ' i -, -_J. .1 ~ tJ"" i',: " ~ ~ .' 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"~ -7" ~I', .1-' j, - -,_:--__~ it I I I "" . . -.-J I ',' :i~i u,_ [ I j llJi' '\~i\ , I .::::. ,'. ":~A~~ If--[ Ik htb31 . m:r J//,... :!\lt~J" ;~L~ J l"--:lr'r~rl I~t~ I ::.... ".,\...: '-.:+:~ /i; "'-.: _"":":.... w . -. ~- T~ . u ,>;. II). ': iT -- J II" j I Y., l \.. '; . 1V.,J W f- --; /i . 'r:- '; " ~:F! '~:. 8 .0- -- ~ ...... JI.,,;' ~ \, ;l~n4rc 'lft~9i :~:~(;:,::': '~~~_~. ~-'-~_t.i:;~~rJ~I~wl/,J~:;! L ---- '/ - . 'r-:.--l~' . - I r~t::Y(o=-i~ rr I L___i: i~..r! JIll _----, _____. ._-=.,.....-.':: ,/ __=:.~-- +' I 1 i _...'----l~-, - J \ -------.-- --. \ - ~ ,- -- , L D~' ~~ -, , tv},~ cr~~1 ~-~ ~m~ I--- I-;- f- '-- '\ '\ '\ "\ "\ Map 1 ~ TER , MINN ---- "\ ~=''''', ~_... - .' ---- ._- - - --- .. .. .. -- e e Minnesota Historical Society - CLG Grant Application Fonn t 6. Detailed Project Budget: Proiect Expenditure Classification Federal Grant Funds Consultant $4,1)00 Project Director H.P.C. Survey H.P.C. Meetings (3) Volunteer Review Misc. (Photocopies & Pub.) !J\ '':It I' Totals: (AH4 t 1)00 * Donated services, supplies, or materials. A+B+C+D must = E A must not exceed B+C+ D (B)~~,I)OO (C) $2,900 (D) $300 e. page 4 (E)$11 , ?OQ. e e Ie , e. ~... MEMORANDUM TO: Mayor and City Council ~ FR: Ann Pung- Terwedo, City Planner Downtown Parking Commission DA: January 12, 1995 RE: RECOMMENDATION TO INCREASE PARKING PERMIT FEES AND PARKING VIOLATION FEES Background: The Downtown Parking Regulations were adopted in 1990. These regulations included the identification of Parking Zone regulations and time limits. Long-term permit parking lots were identified for downtown employees. Parking permit fees were established at $5 per month. Parking violations at $5 per ticket. Discussion: The downtown parking commission met on December 7, 1994, and have recommended that parking permit fees and violations be increased as of March 1, 1995. The new rates include: $10 per month for a parking permit $10 parking violation NOTE: For those who have bought permits to include those months after March 1, 1995, they would not be required to purchase new permits. The commission felt these rates reflect the costs to cover the parking program and that $10 per month is still a "bargain". Parking Commission Recommendation: Increase parking permit fees to $10 Increase parking violations to $10 " " e e e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director!---- DA: January 13, 1995 RE: ON-SITE SEPTIC SYSTEM PERMIT FOR SINGLE FAMILY RESIDENCE LOCATED NORTH OF WILLOW AT FIRST STREET Discussion: The request is to construct a single-family residence on a lot of 30,000 square feet in the Dutch To\vn area. No city sewer service is available to the area. Sanitary and water service is not currently available in the area. The applicant has percolation tests for this site and drainfield location and layout that will be reviewed by the building official. Recommendation: Approval of on-site septic system subject to building official approval. Findings: There is no feasible way of providing city sewer service to the lot at this time. Attachment: Application \ '~,Vi TO; .;~-:; (; j:., - --- ) rOUI'.\( f~_ \ c;;d ~o II-: \... ~. (~ /:~ /'/~' .;: ..V Application No. APPLICATION TO INSTALL ON SITE SEWAGE TREATMENT SYSTEM CITY OF STILLWATER, 216 NORTH FOURTH STREET, MINNESOTA 55082 e City Code Sec. 29.03, Subdivision 3: Installation of individual sewage disposal system. "No individual sewage disposal system shall be hereafter constructed Wl thout a permi t by the Ci ty Counci 1 . II APPli~ation Fee: ~ObojCj ~e~ ( y, X X . \N i ll-o \u SIJ I J ),{iHI tvWr (' (~t'ti{,-a-{) ~t~. 95 Zo.ttJ..-v '" r (5/7 )t.fi:J-rth Location of proposed system Owner of property Pf'ter App 1 i cant ' ~tcb Address Ins ta 11 e r Use of building New Installation Bar A 1 terati on 0 Repai r 0 Other 0 The following exhibits are required as part of this application: Disapproved Disapproved l/LL/'lS . , Percolation Test: Approved Soil Boring Report: Approved - Building Plans: Date Received e w Site Plan: Site plan shall be drawn to scale showing location of buildings, lot lines, percolation test, soil borings, proposed location of system and water well, location of existing systems and wells on adjacent lots and topography of lot. - Site Plan: Approved Disapproved Reason for disapproval of submitted exhibits: Agreement: The undersigned hereby makes application for Permit to Install or Extend Sewage Treatment System herein specified, agreeing that all such work shall be done in strict accordance with ordinances and regulations of the City of Stillwater, Minnesota. Application is for an installation at a specific location on the site: any deviation from the approved location will cause the permit to become void. It shall be the responsibility of the applicant for the permit to notify the Office of the Building Inspection Department that the installation is ready for ins ection before any part of the system has been covered. Y "- I . L' 5 Signatur of Appllcant Date Reviews: Planner: Date: Inspector: Date: Council Decision: Site Suitable: [] Site Unsuitable: [] Additional Tests Required [] Date: Conditions or Comments: e e . EARTH SCIENCE 20820 JUNO AVE. NO. FOREST LAKE. MN 55025 F 0 it C:~,l-./T'U-t4( C<) ~ "~~I ~ oS ,.,tI ~. ~. c.. cJI!Asr -3 /5'~ c~J./{vl'C..y AvE N~. , S7'"7~""'I-VLI v4I1..J..(. ~SIIO ~ (,t.JJ/It:) ~ ...J r/~'-;yr.Jt!:. ~(J . 'p,.,,~. # c5' - a '7 &l7a _ '7fa LOCATION ~O-r ~ - O~ ~'" -.I so. .2 7' ./or:' t!1~ L.c-r"'~- 1SWtt- ~9 -./ .tYP, 7.3 ~r:. ~ -~'-S- q~ ~7 c......~; ..,J. SGH,/u;../J.,e-",:C.S ... .. .." G./17 c-"" srI/( ~r~.Itt! , ~. r',.,,~:it 9- eyo 0170 _ 70.;z0 P~I'".J tf.. ~ '1 ~ 70 - 7t!)c 0 e The results of this soil test does neither approve nr disannrove this site as to tte installation of an on-site . ... sewaGe treatment system. This test information should be submitted to the approvinf Offici~ls, at the earliest time possible. -~ (Q)~~ by H. \'/E,:.. VE:i M.P.C.A. C~rtf.J 00551 Da te I C:. -::1'v~~ /, ~~ e ':-f I" .fa.,,' .....' ,.: .,,- .....-._.:, .,.....~l~...',., " ... i.-.' . 7 " ,t : It' "'...,j':'..~"rl.' I ()t15~ CERTIFIC,AITE OF SURVEY None BARRETT M. STACK STILLWATER, MINN. 550H2 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 SURVEY MADE EXCLUSIVELY FOR: Mr. Kenneth Seefert, Croixland Excavating, 10003 N. Mendel Rd., Stillwater, MN 55082 As described on Doc. Nos. 399058, 399059 and 399060, .~ '\ l .DESCRIPTION: . \\ ~ , \~ ~ u \~ ti) \ \' , ~I~ . . ~~<: ~ ~~ . J~ 8/T. ~tJ of the County Recor~er; Wash. Co., Minnesota. Orientatioh of this bearing system is assumed. o Indicates i'ron pipe monument '.inplace marked 6' wit h - a p I a s tic p 1 u gin s c rib e d RLS 1 3 7 7 4 . / "M." Indicates measured value. "R.II Indicates record value. Note description gap as .shownh~reon... 8 it. P a v t. ca n d d d ve - 'way locations shown 'are approx. Underground or ov~r- head private or pub. utile on 'or adjacent the site were not loco in the tourse of this survey. 'Carlland Schule~ burg's Add. is recorded as Doc. No. 416049, Wash. Co. Records'., ' Office NOTES: C'~(JZ:I'..::{9"E /'of./<f.!J. 95" 'R-. /_~O I .8~. +9 --- - ~ '",''' lo~92..{ 07pzo _ r " j),rIC. 1Vt.? 3?9d59 !( l\j 51? ~7 ker .~ CO l\I ~ ~ f\J ~ ~ ~ ... .... ., "- '''l ~~ ..:::.."l ~~ ~ ," ~ :z ;.. J ..... I ' ID=If "'.1- 7D "'~~6 fo:x.c.e\ . ",. J. i'i t\W 6\ ~~ ~ 3 ,Pa-.#.? 37'?~~t7 A pf). ~ ~ 0\ 1'\ '0 ~ ~ ~ Q\ ~ ~ &'5 ,.J@UJ2 I 'J~ f" +- C..,:-I . :J....., " tl? /.$"4 . 1"1. 14-9. 9.3 w//.J.ow 'ST: hvr. 1 '"2 - <' U\ ~ 0" ~ ~ ~ 3: '2. ':J:: ~ ~ l /":=51)' I hereby c~rtify thai this survey, plan, or report was prepared by me .or utlder my direct supervision and that I am a dul}' Registered Land Surveyor under the laws of the State of Minnesota. . .' , . ..~.:m:.~.~.~.................. Tod Drescher Architecture 13 Judd Street Marine on St. Croix, MN 55047-0272 (612) 433-5600 Datc...~. U.\ :1... .~J..,. .J..9.~. ~......Reg. No.....1.~.7..7. ~... ........... , e e e . Q~ ~~ W\UDW ..:sT~ 1i~ ---........ /" ---.... '-.._, '., ',.\, , . \ " \ \ ~ ) ~ i r c:: , r~ (" y-' -". i ~* (It. I 8 ~ ~ ( o - { ~ '--:--- ~1t \t1 t fj , I ~ r10 l -\ ~ (t\ l j p \\ 1 --" 7' ~ ~ ~ ~~~ '3 B~M HoV% ~~! ~ t~ J; tf Z- ....0 'J\ ~ o \. o Tod Drescher Architecture 13 Judd Street Ma~ine on St. Croix, MN 55047-0272 (612) 433-5600 e e Ie To: From: Date: Subject: Memorandum Mayor and Council Modi Weldon, City Clerk January 13, 1995 Metro East Development Corporation - Membership Mayor Kimble will have further information available at the January 17, 1995, meeting. e To: Stillwater's Honorable Mayor and City Council From: Tom Dusbabek Owner, Broken-in-Sports, 320 5th Ave. N, Bayport, MIl 55003 Subj: Recreational Trail between Bayport and Stillwater Date: 2 Jan 95 I would like to solicit the aid of the Stillwater City Council in the planning of a paved trail between Bayport and Stillwater. The plan would need the cooperation of Andersen Corporation, Northern States Power, Sunnyside Condominium Association, the railroad, and the three councils of Bayport, Oak Park Heights, and Stillwater. e In order to utilize state financing, the trail has to be constructed separately from an existing roadway. The timing for funding is rather critical. The turn-around when receiving requirements for funding and sending back the applications is rather a short period of time. I would like to have all the major parties in agreement before hand to facilitate this requirement. The Andersen portion would require a piece of property between highway 95 and the western parking lot adjacent to that highway, if there is another more feasible that would be considered. The Northern States Power, Allen S. King Plant, would cross their main entrance east of the railroad and follow the existing trail down along the river and up to the southern entrance of Sunnyside Condominiums. The Sunnyside portion of the trail would pose a problem unless the railway is being vacated. My idea would be to put a raised section of the trail up along the railway and out of sight of the condos. Any ideas here would be appreciated. The trail would go down along the river at Aiples on the existing roadway and past fertilizer plant to the north. At the southern end of the fertilizer plant. another portion of the railway comes into play. The river narrows at this point and requires another portion of the trail to be raised or vacated railway to be used. We are in the unique position of obtaining sentence to serve personnel for some of the labor required for this trail. Please feel free to call anytime. Any ideas or direction would be appreciated. I do not know who owns the railroad right-of-way. With your cooperation I feel this project will happen. ~~ (h)439-6411 (w)439-0203 e r:: \ I. . ... e e e \ .~. z Legislative Associates, Inc. P.O. Box 2131 Stillwater, MN 55082 (612) 439-7681 Fax (612) 439-7319 c: (; FYI ~. ~ Washington Office: 1010 25th Street NW, Ste. 202 Washington, D.C. 20037 (202) 342- 3705 Fax (202) 625-7319 January 2, 1995 To: Mayor and Council Members City of Stillwa~,/ ) I / From: Ed Cain, LAI / Important: Basis for the Request for an Additional $2.1 million in Levee Funds. Attached is the position statement summarizing the need for an additional $2.1 million in federal funding for the levee project. This same rationale will be used with the State Legislature when we request an additional $350,000 from them. You are almost certain to be ask about why additional funds are needed during the next year while we are working on the increased funding with Congress and the State Legislature. It is very important that we all "sing from the same hymnal." I have worked with our City staff, SEH people, and the District Office of the Corps of Engineers in arriving at conclusions that are both accurate, and justifiable with Congressional Members serving on the authorization and appropriation Committees. The enclosed addendum will be attached to the basic informational document, and used in discussion -with the Members of both the authoriZation and appropriation committees in the House and the Senate. Early talks with some of the Members give all indications that anything to do with money this session will be very difficult to get passed. I will be in Washington the first week of January, but will be available for questions after January 12. I can be reached at my Washington office at the number on the letterhead. J ADDENDUM . e Stillwater, MinnesotalSt. Croix River Project "The Erosion and Failure of the Retaining Wall System" January 4, 1995 BACKGROUND AND PURPOSE: Public Law 102-580, Section 363, of The Water Resources Development Act of 1992, authorized the expenditure of $2.4 million of Federal funds, and H.R. 2445 appropriated $2.4 million of FY 1994 funds for the design, construction, expansion, and extension of the levee wall system on the St. Croix River. The State of Minnesota and the City of Stillwater have approved and set aside $800,000 in matching funds for the $3.2 million project. The St. Paul District Office of the U.S. Army Corps of Engineers contracted for the development of plans and specifications for the project in June, 1994. This phase of the project will be completed in January, 1995. The City of Stillwater is requesting $2.1 million in Federal funds to be matched with an additional $700,000 in State and local funding to carry out the purpose of the original appropriation. None of the funds are to be used for recreational or decorative purposes related to the levee project. All funds are earmarked to prevent further deterioration, and the ultimate destruction, of the levee wall system, and to provide 50- year flood protection for the commercial and historic section of the City of Stillwater. e UNCONTROLLABLE FACTORS: The estimated cost of the project was determined in 1991, based on 1989 and 1991 studiesnof the levee prOblem. Since trun-time, four factors have significantly changed the scope of the project, that will increase the federal costs of the project by $2.1 million. e Floods Intensify Damage: The floods of the Spring of 1994, intensified the existing damage to the levee wall system. The voids in the lower wall of the levee was significantly expanded, and the flood waters enveloped the emergency road adjacent to the levee for nearly 10 weeks. The north end of the retaining wall system sustained substantial damage. It is anticipated that the floods of 1994 will add $500,000 to the cost of project. Soil borings: Soil borings taken during the preparation of the plans and specifications for the project have indicated that the soil, earlier described by the Corps of Engineers as "suspect," is much worse than expected. It was known that the soil was composed of wood debris and silt, but the soil borings indicate that this condition may extend as deep as 80 feet. This will require a process to compress the porous soil before the levee can be extended as the authorization and appropriation legislation describe. The estimated cost of this procedure will add $1.2 to the project costs. Inflationary Costs: The original cost estimate of the project was made in 1991. Construction bids will be let for work in 1996. At the annual inflation rate of 3% for 5 years, the cost of the project is increased by $480,000, since the first estimate. t Page 2. · Flood wall: The original plans included the expansion of the retaining wall system by adding a flood wall to provide the City with a 50-year flood protection plan. As a result tit of the extremely poor soil conditions, changes in the design and construction of the flood wall will cost $500,000 more than anticipated. Without the additional funds, the flood wall component of the project will have to be dropped" leaving the City in a vulnerable position to floods such as occurred in 1965,1969, 1972, and 1994. Sandbagging to prevent the flooding of the downtown area is ineffective. The water seeps through the porous soil under the sand bags, flooding the historic area of the City in a matter of hours. CUTBACKS IN ORIGINAL PLANS TO REDUCE COSTS: Four major components of the original plan have been modified or deleted in an attempt to reduce the cost of the project. Land Costs: The City has deleted most of the cost of the land required for the project as an eligible "in-kind" contribution, and will be providing a cash contribution to the project plus providing the shorefront land at no cost to the Federal government. Land costs are normally included in the total costs of such a project. If the price of the land were to be included, the total project costs would be increased by more than $1 million. Extension of the Levee to the South Eliminated: While it is preferable to extend the levee wall system 300 feet south of the existing levee, the elevation of the shoreline will permit the use of rip rap as a cheaper substitute for that area of the shoreline. It is anticipated that the use of rip rap will reduce the total project cost by $264,000. e Drain System Modified: The flood wall plans for the drainage system have been modified to reduce the total cost of the project. This change reduces the depth of the pilings and plates used in the flood wall from 251eet to 15 feet. The engineering reports indicate such a change will not substantially effect the project's flood control benefits. This change will reduce the cost of the project by $120,000. Elimination of Unrequired Changes: The U.S. Army Corps of Engineers, the designated A & E firm, and the City of Stillwater officials have carefully reviewed the entire project plans and eliminated any unrequired changes. While many of these modifications would be beneficial to the project's usefulness and appearance, they do not compromise the overall effectiveness of the plan as a flood control and erosion protection project. The elimination of these unrequired changes reduce the total project costs by $200,000. CONSTRUCTION TO BEGIN DECEMBER, 1995: The project is scheduled for construction by December, 1995. If the flood wall system were to be eliminated from the project at this time, the cost of completing the project at a later date would greatly increase the cost of the total project, and cost- prohibitive to the City for a number of years to come. These amendments to the authorization and appropriations legislation supporting the construction of the retaining wall system on the St. Croix River in the City of Stillwater are supported by the U.S. a Army Corps of Engineers, District Office, the State of Minnesota, and the City of ., Stillwater. " ~ -m Minnesota Department of Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-0040 (612) 627-5100 e December 28, 1994 Stillwater City Council c/o Ms. Mary L. Johnson, Clerk Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Council Members: e This is to inform you that the Minnesota Department of Health has nearly completed development of the wellhead protection program. The objective of wellhead protection is to protect public health by safeguarding the areas which contribute water to public wells from potential sources of groundwater contamination. It is expected that this program will be implemented sometime in 1995 following promulgation of the state wellhead protection rule. .'.,; We are enclosing a copy of the newsletter that we have developed for the wellhead protection program. We will be sending" you additional information about the wellhead protection program on a regular basis through this newsletter. Also, we will send you a copy of the wellhead protection rule when we have it ready for public review and comment. I. Because of the large number of public water suppliers in this state, it was necessary to develop a ranking scheme for phasing public water supply systems into the program. this scheme is based on the percentage of vulnerable wells in the system and the size of the population served. Priority is also given to systems which serve children. Based on information that exists in our database at this time, your system is ranked number 11 out of the 1,586 community and nontransient noncommunity systems in Minnesota which rely on groundwater to serve their customers. This ranking is subject to change should new information become available regarding your system. Information that could change your ranking includes data related to well water quality, well construction, pumping rates, and population served. In addition, any municipal system which adds a new well after the wellhead protection rule takes effect is immediately brought into the program regardless of its position on the current list. We e Ii- 'j, \:...' ,.) TOO: (612) 627-6003 (Twin Cities) 1-800-627-3529 (Greater Minnesota) An Equal Opportunity Employer Stillwater City Council Page 2 December 28, 1994 anticipate that for the next several years only municipalities which add a well to their system or public water suppliers who voluntarily want to develop wellhead protection plans will be brought into the wellhead protection program. If you have any questions regarding your ranking for phasing into the wellhead protection program, status of the wellhead protection rule, or any other aspects of wellhead protection in Minnesota, please contact Mr. Bruce Olsen of my staff at (612) 627-5167. Sincerely, ~~({ ~LQ Gary L. Englund, P.E., Program Manager Drinking Water Protection Section GLE:BMO:tvs Enclosure .... . e e e . e (IlJJi) ail f1j @ ~ (f) il i1 [j) @ ~ 'Infol'llUltlon About Protecting Public Water Supply Wen.. December 1994 Agencies Ready to Assist Water Suppliers e The Minnesota Department of Health (MDH) is currently working with six communities to develop WHP plans. The experience gained with these pilot WHP efforts has helped to identify the training and technical support needs of public water suppliers. MDH will assist public water suppliers with delir.eating WHP areas and preparing WHP plans. These plans will contain an inventory of potential contaminant sources in the WHP area, a strategy for source management, a monitoring strategy to assess source manage- ment effectiveness, and a contingency plan to address interruption of the public water supply. MDH will hold workshops on preparing WHP plans for public water suppliers and local government staff. . Also, WHP program staff will work directly with individual public water suppliers to help them prepare and implement WHP plans. The Minnesota Department of Agriculture, Minnesota Pollution Control Agency, and MDH have signed a memorandum of agreement Cont. on page 4 About this Publication The purpose of this publication is to provide information and education to water suppliers, local officials, and agencies about protecting public wells which supply drinking water. Editor: Ray Olson Wellheadlines staff: Bruce Olsen, Art Persons, Trudi Schmolke e To request this document in another format, call (612) 627.5100, TOD (612) 627-6003, or for Greater Minnesota through the Minnesota Relay Service at 1-800-627-3529 (ask for [612] 627-51(0). m Minnesota Department of Health Wellhead Protection (WHP) Program Moves to Implementation Stage The purpose of the WHP program is to prevent contamination of public water supply wells. The 1986 amendments to the federal Safe Drinking Water Act require states to develop WHP programs. The U.S. Environmental Protection Agency (U,S. EPA) is responsible for approving state programs. Also, the 1989 Minnesota Ground- w~:er Protection Act requires the commissioner of health to develop a state rule for WHP. i ~L......._-=.................. '. I BWHP.w. , Proposed WHP Area for the City of Clear Lake MDH has completed a draft of the state's WHP program plan and has also finished drafting the language for the state WHP rule. U.S. EP A approval of the proposed state WHP program and adoption of the draft WHP rule will permit public water suppliers, staie agencies. and local governments to begin implementing the WHP program, MDH has developed the state's WHP program with the advice and recommendations of many organizations and individuals. Techmcal and policy workgroups provided recommendations regarding how WHP should be applied to public water supply wells. Another advisory group provided comment and advice on drafting the proposed state WHP rule. Public water suppliers were represented on these workgroups through persons from the American Water Works Association and the Minnesota Rural Water Association. Under the proposed WHP program, all public water supply wells would have to be protected from disease organisms, physical damage, and direct entry of chemical contaminants. Owners of community and nontransient noncommunity Cont. on page 4 In this Issue Surveys of Water Suppliers and the Public ........................ 2 Concerns about groundwater are apparent WH P Rules .. ........... ........................... ... ....... .... ... ......................3 Suppliers required to submit plans for WHP Local Governments and WHP ...............................................4 Working with water suppliers to protect wells 1 Wellheadllnes . December 1994 e WHP Surveys :Show Con~~.rps>a~(l,~ut', '.\ Conta.mi nation, and Trai I); .,g'HN.~.~~ !)', ,:'.':'" Agricultural Chemicals . """....."'''...,.:."...,..'''~......,....,..'''.,....{,...::,..-; Non Agric. Chemicals .., ~ ; i und~~::~~IT;;~: ..;~,:,=-=t.~.=,..j,. Abandoned Wells . F ' ; ... . , Landfills/DumPs .~ ,- "'. . '. " '. ').._+..r"~-~+--1 Lawn/Garden Chemicals ,< . . ,IT"''''''';''''''''''!''''''''': Septic ~~I)ks "i' 11' .. . .. ;L..:L........L:~..,~.L,...i Feedlots/Manure ". ......,':...y,..~........:',......,,,.....,y.......~ o 10 20 30 40 50 60 %* *Percent indicating moderate or great concern. Surveys of public water ~uppliersand the general public were dist!ibuted by MDH in 1993. The purpose was to: 1) measure concerns about ground~ water protection, 2) determine knowledge and attitudes towards WHP, and 3) determine what edu- cational methods may be effective for these groups. One survey was distributed to all 954 community water suppliers in the state and to about 800 nontransient non- community suppliers. The response for this survey was about 50 percent. Another survey was distributed to a sample of 600 water supply customers ill four cities ot differing sizes (Rochester. Lakeville, St. Peter. Randolph), The combined response rate was over 47 percent in three cities where the survey wa'i mailed and 100 percent in St. Peter where it was br01.:ght door to door. Surveys of Water Suppliers The survey of water suppliers indi- cated that 43 percent believe that there is moderate or great concern about groundwater contamination in their communities. Large community suppliers, serving more than 5,000 residents, indicated more concern. Sixteen percent of the suppliers indicated that contaminants had been. discovered in their wells. Agricultural chemicals were the number one concern of suppliers. Fifty-two percent of the suppliers said they had a moderate or great concern. Chemical spills and improper use and disposal of chemicals were next in concern. , Sixty-five percent of suppliers indicated they had heard ofWHP, but only 35 percent said they had moder- ate or much knowledge of it. Large community suppliers had much more . knowledge than the smaller com- munity or noncommunity suppliers. " - ..... .~~:~-.. ...., Contaminants of Concern to '.'C" Public Water~uppliers two most ,important barriers. Ninety- three percent said they were of moder- ate or great importance. Legal and jurisdictional issues ranked next in concern. Written responses to an open-ended question about what the state should do to help . water suppliers protect wells indicated that edu- cation was the most important thing the state could provide for suppliers. Nearly half the comments mentioned this need About 25 percent also mentioned the need for more enforct'ment of pollution laws or the need for the state to make new - '. laws to control \:ontami- nation sources that mav affect their . ,.' .. water supplies. e ',Vater suppliers .indicated they needed training inaU areas of WHP, especially identifying and managing contaminant sources. Over 90 percent indicated this was a moderate or great need. Colllmunity suppliers said that workshops were the most effective method of education. Over 90 percent said they would be moderately or greatly effective. Noncommunity suppliers preferred individual techni- cal assistance more than workshops. Pamphlets and brochures were viewed as effective by about two-third" of both groups. Surveys of the General Public Thirty-seven percent of dll re- spondents said groundwater con- tamination was a moderate or big problem in their communities. This concern was consistent in all four of the cities surveyed. COni. on next page General Public View of Contamination The survey also asked about barriers to implementing WHP. Cost to the community and cost to contaminant source owners to correct contami- nation problems were seen as the ~:;~::: Randolph :,;",. .r ." ~ N z. ~ /"" .....'" ~;~f ...:.. . o 5 10 15 20 25 30 35 40 45%* *Percent indicating "moderate" or "big" problem. 2 e~~~:~ Rochester W' .~i~ St. Peter ',' ~ Wellhelldllnes December 1994 e However, concern about health risks from drinking the water can vary greatly from city to"city. Forty-three percent indicated there was a moderate or great risk in one city. Thirteen per- cent indicated this in two other cities and only 6 percent in the fourth city. Just as in the survey of water sup- pliers. the excessive use of agri- cultural fertilizers and pesticides were mentioned most often (81 percent) as an important source of contamination. There was much variation in the ranking of the other contaminants listed Oillhe survey, Only 23 percent of the public had heard of WHP. but 29 percent indi- cated they had moderate or much knowledge of ways to prevent contamination. e Only about 20 percent of the general public in the three cities said their personal activities posed a threat to groundwater. However, 92 percent said they "maybe willing" or are "very willing" to make personal changes to reduce the threat. A total of 78 percent also said they maybe willing or are very willing to pay more for their water to ensure a safer supply. Over 98 percent said it was at least of some importance for their community to be involved in an effort to protect groundwater. Summary The needs assessment indicates that water suppliers and their customers are very concerned about contami- nation of their wells--especially from agricultural sources, However, the perception of health risks from drinking the water varies from city to city, e Most water suppliers have some knowledge of WHP but need very Cont. on page 4 WHP Rule Drafted , >SuppliersRequlred to Submit Plans for WHP MDH has completed drafting the WHP rule using an advisory workgroup consisting of public water suppliers, representatives from local units of govern- ment, state agency staff, and members of the regulated community. The draft rule would require the development of a WHP plan for community wells, numbering about 2,400, and for nontransient noncommunity wells, numbering about I~OOO. Pia:::; ,m: net required for transient noncommunity wells. Th~ draft rule would require all public water suppliers to maintain the isolation distanct:S named in the state Well Code for sources under their control. The draft rule outlines the elements that must be in a WHP plan. Key parts of the plan include: 1) a delineation of a WHP area, 2) a vulnerability assessment of the wells and the WHP area. 3) expected changes that could affect the water, 4) the establishment of goals, 5) a plan of action outlining the management of the WHP area, 6) a method of monitoring the effectivent:Ss of the plan, and 7) a contingency plan outlining an alternate water supply in the event of water supply contamination or interruption. The draft rule also establishes procedluesfor the development of a WHP plan that will ensure: 1) publicparticipation, 2) an opportunity for local units of government with water management and land-use authority to review ~he plan, and 3) approval of the plan by MDH as the plan is being developed. : hese objectives are met through written notices, public info~mational.meetmg~, a~d two "scoping" meetings with the MDH which will re'dew what mformatlon IS needed for development of the plan. Other parts of the draft rule include: 1) the schedule for phasing wells into the program, 2) the criteria for delineating the WHP area, 3) pump test procedures, 4) criteria for assessing well vulnerability, 5) data elements required (depending on the vulnerability of the well and the WHP area), and 6) the principles MDH must use to review and approve the plan. The projected time of rule implementation is 1995. The official public ~earing, if requested, and a series of informational meetings throughout the state WIll be held by MDH. For a copy of the draft rule or a list of individuals who have served on the rule development workgroup, please contact Art Persons at (507) 285- 7289 or (612) 627-5481. Also, feel free to contact Art Persons with any questions or comments you may have concerning the draft rule. 3 l"""'T Wellheadllnes 01 .. December 1994 e MDH Assistance (Cont. from page 1) regarding their roles in WHP. All three agencies will work with public water suppliers to share information and manage potential contaminant sources in WHP areas. The Minnesota Department of Natural Resources (DNR) and MDH have agreed to combine DNR conservation planning requirements with the contingency planning requirements of a WHP plan. In the seven-county Twin Cities area, this agreement has been expanded to include tht' Metropolitan Council, which requires communi- ties to develop water supply system plans. Here, one plan will meet the requirements of all the three agencies. WHP Implementation (Cont. from page 1) wells would also have to delineate capture zones (WHP areas) and prepare plans for managing the. potential contaminant sources in this area which supplies water to r~charge the well. Initially, only communities which add wel1s to their water supply systems would have to delineate WHP areas and prepare WHP plans, Public water' suppliers may voluntarily enter the WHP program or wait until they are phased in by MDH, Existing com- munity and nontransient noncom- munity wells would be brought into the WHP pro~am as time and resources permit. WHP Survey Results (Cont. from page 3) specific information and training about delineating WHP areas and managing contaminant sources. . MDH will be contacting public water suppliers abOut the time and place for meetings where the proposed WHP rule will be discussed. A copy of the proposed WliP rule will be sent to al1 community and nontransient noncom- munity water suppliers when it is finalized. Foradditional information, call Bruce Olsen at (612) 627-5167. , The cost of WHP to the community and the cost to contaminant source owners is a great concern of water supply officials. They should. how- ever, be encouraged by the public support for protection programs revealed in the survey. LOCAL GOVERNMENTS j\ND ViHfo Local goverrum:nts have a major role to play with helping public water suppliers prepare and implement WHP plans. Communities which are already working on WHP are receiving support from local agencies such as soil and water conservation districts, county health departments, county planning and zoning departments, and Minnesota Extension. Local agen- cies have experience with planning, public education, and land-use manage- ment which will support efforts to protect public water supply wel1s from contamination. Also, counties and township governments can use or adopt ordinances which will heIp manage potential contaminant sources in portions of WHP areas which are not under the jurisdictional authority of public water suppliers. e The A<;sociation of Minnesota Counties, Minnesota Township AS5ociation, and League of Minnesota Cities were represented on the workgroaps which helped MDH develop policies for implementing the state WHP program and draft language for the WHP rule. Public water suppliers should wnsider asking local governments and agencies to heIp prepare and implement WHP plans. Wellheadlines Minnesota Department of Health Division of Environmental Health 925 S.E. Delaware Street, P.O. Box 59040 Minneapolis, Minnesota 55459-0040 m e 4 W ASIllNGTON COUNTY FYI Dennie C. Hegberg Dletrict 1 COUNTY BOARD AGENDA JANUARY 17, 1995, 9:00 A.M. Mary Haueer Dletrict 2 Wally Abrahameon Dietrict 3/Chairman Myra. Peterson Dletrict 4 Dave Engstrom Dletrict 6 1. 9:00 ROLL CALL 2. CONSENT CALENDAR 3. 9:00 PUBLIC WORKS DEPARTMENT D. WISNIEWSKI, DIRECTOR A. 10TH STREET CITIZEN PETITION - OAKDALE B. WEST LAKELAND TOWN BOARD - JOHN MCPHERSON, BOARD CHAIR 4. 9:25 GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR 5. 9:30 DISCUSSION FROM THE AUDIENCE VISTTORS MAY SHARE 1HE1R CONCERNS WTnI11fE COUNTY BOARD OF COMMISSIONERS ON ANY l1F:M NOT ON 11fE AGENDA. 11fE CHAlR WIlL DIRECT 11fE COUNTY ADMIN1S1BATOR TO PREPAJIE RESPONSES TO YOUR CONCERNS. YOU AJIE ENCOURAGED NOT TO BE REPE1TTlOUS OF PREVIOUS SPEAKERS AND TO L1MFT YOUR ADDRESS TO FIVE MINUTES. 6. COMMISSIONER REPORTS - COMMENTS - QUESTIONS 11l1S PERIOD OF 11ME SHAIL BE USED BY 11fE COMMISSIONERS TO REPOKT TO 11fE FUlL BOARD ON COMMlITEE ACTIVlTIES, MAKE COMMENTS ON MA1TERS OF INIEREST AND INFORMATION, OR RAISE QUES110NS TO 11fE STAFF. 11l1S AC1l0N IS NOT 1NIENDED TO RESULT IN SUBSTAN11VE BOARD AC1l0N DllRlNG 11l1S 11ME. ANY AC1l0N NECF:SSARY BEClUSE OF DISCUSSION WIlL BE SCHEDULED FOR A FlTlTlRE BOARD MEETING, 7. BOARD CORRESPONDENCE 8. 9:40 EXECUTIVE (CLOSED) SESSION WITH COUNTY ATTORNEY'S OFFICE MASTRIAN VS. WASHINGTON COUNTY 9. 10:10 ADJOURN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * MEETING NOTICES Date COlDDlittee Tiae Location Jan. 17 Jan. 17 Jan. 17 Jan. 18 Jan. 18 Jan. 19 Legal Assistance Mental Health Advisory Public Health Advisory Plat Commission Transportation Advisory MELSAjMetronet 12:30 p.m. 4:00 p.m. 5:30 p.m. 9:30 a.m. 2:00 p.m. 12:00 p.m. stillwater Perkins Oakdale City Offices Washington County Government Center Washington County Government Center 230 E. 5th st. Mears Prk Centre 226 Metro square Bldg. - St. Paul " you 1JHd .ai_m:. dutl to di_biliry 01' IIlnf1utlf1. Mrrier, pIu_ C41H 4:]Q.6003 rrDD 439.3220/ EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR ** JANUARY 17, 1995 e The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION ITEM A. APPROVAL OF THE DECEMBER 20, 1994, BOARD MEETING MINUTES. B. APPROVAL OF COMMISSIONER COMMITTEE APPOINTMENTS FOR 1995. AUDITOR-TREASURER C. APPROVAL TO AMEND POLICY #1012, MILEAGE REIMBURSEMENT, TO INCREASE MILEAGE REIMBURSEMENT FOR INDIVIDUALS USING PERSONAL VEHICLES ON COUNTY BUSINESS FROM 29C TO 30C PER MILE, EFFECTIVE JANUARY 29, 1995. D. APPROVAL OF ON-SALE NONINTOXICATING MALT LIQUOR LICENSE FOR FOREST LAKE ICE FISHING CONTEST ON FEBRUARY 5, 1995 - VIETNAM VETERANS OF AMERICA, CMAPTER 320. CENTRAL SERVICES E. APPROVAL OF RESOLUTION TO ENTER INTO A NONEXCLUSIVE AGREEMENT TO PURCHASE GOODS AND SERVICES COOPERATIVELY WITH THE JOINT PURCHASING GROUP HEADED BY THE STATE OF MINNESOTA AND TO DELEGATE THE AUTHORITY TO RENEW THE AGREEMENT TO THE BOARD CHAIRPERSON AND THE COUNTY ADMINISTRATOR. COMMUNITY SERVICES F. J'.PPROVAL OF 1995 PURCHASE OF SERVICE AGREEMENT WITH LAKES AREA NEW BEGINNINGS. G. APPROVAL OF COUNTY VETERANS SERVICE OFFICE OPERATIONAL IMPROVEMENT GRANT. H. INFORMATION ONLY - CHILD FOSTER CARE MAINTENANCE RATES FOR CALENDAR YEAR 1995. HEALTH, ENVIRONMENT & LAND MANAGEMENT I. AUTHORIZATION FOR THE COUNTY BOARD CHAIR AND THE COUNTY ADMINISTRATOR TO EXECUTE CONTRACT RENEWAL WITH MINNESOTA VALLEY TESTING LABORATORIES, INC. FOR WATER SAMPLE ANALYSIS SERVICES. HUMAN RESOURCES J. APPROVAL OF COUNTY PAID MEDICAL/HOSPITALIZATION INSURANCE PREMIUMS FOR RETIRING EMPLOYEE RICHARD PLATTNER, SHERIFF'S DEPARTMENT, IN ACCORDANCE WITH SECTION 11.C OF THE PERSONNEL RULES AND REGULATIONS. K. APPROVAL OF SEVERANCE PAYMENT FOR RICHARD PLATTNER, SHERIFF'S DEPARTMENT, IN THE AMOUNT OF $7,260.00, SECTION 5.10 OF THE WASHINGTON COUNTY PERSONNEL RULES J'.ND REGULATIONS AND TO AMEND THE 1995 SALARY BUDGET, SERVICE 1668, OBJECT 6114, BY THAT SAME AMOUNT. e PUBLIC WORKS L. APPROVAL OF BANDING AND GRADING OF NEW JOB DESCRIPTION OF EMERGENCY SERVICES COORDINATOR IN HELM AT C41-1; APPROVAL OF JOB DESCRIPTION. M. APPROVAL OF RESOLUTION SUPPORTING $7 MILLION METRO REGIONAL PARK OPERATIONS AND MAINTENANCE FUNDS FROM STATE FOR FISCAL YEARS 1996-97. RECORDER N. APPROVAL AND EXECUTION OF OFFICE LEASE RENEWAL OF OFFICE SPACE IN THE "OLD LUNCH ROOM" OF THE GOVERNMENT CENTER WITH NORTH STAR TITLE INSURANCE AND OLD REPUBLIC NATIONAL TITLE INSURANCE.COMPANY. O. APPROVAL AND EXECUTION OF AMENDMENT NO. 3 TO THE AMENDED AGREEMENT DATED JULY 27, 1993, AND NUMBERED PWF-1993-315 WITH LAGERQUIST ELEVATOR CORPORATION. P. APPROVAL OF FINAL PAYMENT TO AM STRIPING SERVICE COMPANY IN THE AMOUNT OF $1,687.59 FOR ROAD STRIPING. Q. APPROVAL TO ADVERTISE FOR BIDS FOR AUTOMOTIVE EQUIPMENT FOR 1995. R. APPROVAL OF FINAL PAYMENT TO JORGENSON CONSTRUCTION, INC. IN THE AMOUNT OF $808 FOR PARKS MAINTENANCE FACILITY AT LAKE ELMO PARK RESERVE. S. APPROVAL AND EXECUTION OF AGREEMENT WITH HENNEPIN PARKS TO ALLOW WASHINGTON COUNTY ANNUAL VEHICLE PARK PERMIT HOLDERS TO PURCHASE THE HENNEPIN PARKS PERMIT AT THE PRICE DIFFERENTIAL BETWEEN THE TWO PERMITS. T. INFORMATION ONLY - RECORDER FEES FOR THE MONTH OF DECEMBER 1994. U. AUTHORIZATION FOR THE COUNTY SURVEYOR'S OFFICE TO ENTER INTO LICENSE AGREEMENTS FOR THE SALE OF ELECTRONIC MAP DATA AND DESIGNATION OF LARRY S. NY BECK AS THE OFFICIAL AUTHORIZED TO SIGN THE LICENSE AGREEMENTS. SURVEYOR **Consent Calendar items are generally defined as items of routine in one vote. Commissioners may elect to pull a Consent Calendar e business, not requiring discussion, and approv.: item(s) for discussion and/or separate action. e e - 01/11/95 CITY OF OAK PARK HEIGHTS ~ 6124390456 ~02 NO. 976 14:10 CITY OF O~ PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, JANUARY 9, 1995 Bike Trail Workshop - Mayor O'Neal opened the workshop at 5:53 p.m. In attendance were approximately 12 people who expressed concerns regarding the following; width of the Oakgreen Avenue right-of- way, ditch depth, drainage, tree removal, future plans for the road, Highway 36 reconstruction effects, demand for trails, and !uture trail maintenance. Ron Fredkove, Bay town Supervisor, suggested that Bay town and Oak Park Heights form a joint committee to develop bike trail plans. Call to order at 7:03 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf & Swanson. Staff present: Robertson and Vierling. Staff Reports - Building Department - Council discussed the recent joint inspection of 5674 Perkins by the Oak Park Heights Building Inspector and a Washington County Public Health official. Council directed Robertson to send copies of the letters to the homeowner. Utilities - Robertson noted that a pipe in the new water tower had frozen and temporarily shut down the electronic control panel in tower. The problem has been repaired. Administration - Robertson noted that the new Councilmembers had requested a review of City finances by the City Auditor. Council scheduled a workshop for this purpose on Monday, January 23, 1995 at 6:15 p.m. Old BU8ine8~ ~ There was no old business. December 27. 1994 Council Meeting Minutes - Schaaf, seconded by Kern, moved approval of the minutes. Carried 5-0. New Business 1995 Appointments - Deputy Mayor - Schaaf, seconded by Robert, moved approval of Dean Kern, Sr. as Deputy Mayor for 1995. Carried 5-0. Council Liaison to the Park Board - Schaaf, seconded by Kern, moved approval of Janet Robert as Park Liaison. Carried 5-0. Stillwater Area Economic Development Committee - Robert, seconded by Kern, moved approval of Dave Schaaf as. City representative to SAEDC. Carried 5-0. Cable Commission - O'Neal, seconded by Schaaf, moved approval of Mark Swanson as City representative to the Cable Commission. Carried 5-0. 01/11/95 14:10 CITY OF OAK PARK HEIGHTS ~ 6124390456 NO. 976 GJ0::: , Page Two ~ Minutes 01/09/95 e Watershed Manaqement Orqanizations - Schaaf, seconded by Swanson, moved approval of Barb O'Neal as City representative to the Middle St. Croix and Browns Creek Watershed Management organizations. Carried 5-0. Robertson was directed to obtain an estimate of the cost to the City to process the WMO's checks on a regular basis. Building Inspector Contract with Ba:t1Lort - Kern, seconded by Swanson, moved approval of the Building Inspector contract with the City of Bayport. Carried 5-0. 1995 Home Occupation Licenses - Kern, seconded by Swanson, moved approval of the 1995 home occupation licenses. Carried 4-0, with Robert abstaining due to conflict of interest. Resolution 95-01-01 - A Resolution Desiqnating 1995 Checking & bank Depositories Schaaf, seconded by Kern, moved approval of Resolution 95-01-01. Carried 5-0 on a roll call vote. Resolution adopted. Zoning Ordinance Interpreta~ion - Ground Floor Decks - Robertson informed Council that there had been a conflict in interpretation 4It of the Zoning Ordinance between the Building Inspector and the Planning Consultant regarding the meaning of the term "ground floor" with regard to the placement of decks. After some discussion, Council confirmed that the Building Inspector's interpretation of the ground floor as the main floor of the house was the correct interpretation for the following reasons; 1) Allowing a deck only at ground level on a split or multi level home could mean that a deck might not line up with any of the floor levels in the home. . 2) It is the interpretation traditionally used by the Building Department in the past, and City Attorney Vierling stated that changing it in this case would put the City in a difficult legal position. Council directed Robertson to do the following; 1) Send a letter to the building contractor confirming this interpretation and asking him to take the neighbor's concerns to heart. 2) Examine how neighboring and similar sized communities handle this issue and report back to the Council. Voice Mail System - O'Neal noted receipt of a memo from Robertson explaining to new Councilmembers how the voicemail system worked. Council Visionino Session - Robertson was directed to set up a e dinner after the visioning session. e e e 01/11/95 14:11 ell "1'1' u~ U14,-<' ~Hr<!,-<' ..:::." br-; 'i ~ ~ b:l~':",j:; '::i':',~I::3 "''',,", \1.... :: t'O .' ... Page Three - Minutes .01/09/95 Bike Trails - Schaaf, seconded by Swanson, moved to appoint Robert and Kern as Council representatives to a Joint Bike Trail committee with Bay town. Robertson was directed to advertise for additional interested parties. Carried 5-0. A~proval of Bille - K~rn, seconded by Schaaf, moved to pay bills as presented. Carried 5-0. correspondence - A letter proposing a trail between Bayport, Oak Park Heights, and Stillwater was turned over to the newly formed Bike Trail committee for consideration. Used Car Lot - Daniel Stewart, owner of Stillwater Used Auto Parts, 13795 N. 60th St., was in attendance to discuss the problem with his used car lot. Vierling noted that the lot was not an allowed use for that area. Council granted Stewart a week to move the cars within the fenced area of his lot. Stewart said he would comply with council wishes. Snowblower - Council directed Robertson to handle the Public works snowblower situation and report back to Council. Adiournment - Schaaf, seconded by Kern, moved to adjourn. Carried 5-0. Adjourned at 8:15 p.m. Respectfully submitted, Michael Robertson City Administrator ) The Courier News ..:~...~.,~ q,;. <-i. cr ~ We Mean Business...For YOU! e ~"" Jan. 12, 1995 Stillwater City Council c/o Nile Kriesel, Administrator 216 N. Fourth St. Stillwater, Minn. 55082 Dear Mayor Kimble and Council Members:_ e Thank you for your decision to publish the council proceedings in the Courier News in 1995. Please let us know if you have any questions or need special assistance. We look forward to working with you and your staff in the coming year. Sincerely, ~!::1 !:ft Publisher erty rJ e 126 South Second Street, Stillwater, Minnesota 55082 612-430-3037 FAX 612-430-3873 WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT PARKS e HIGHWAYS e FACILITIES 11660 MYERON ROAD NORTH e STillWATER, MINNESOTA 55082-9573 612-430-4300 Facsimila Machine 612-430-4350 Donold C. Wisniewski. P.E. Director Public Works/County Engine.. John P. Perkovich. Deputy Director Operationo Division Donald J. Thaisen, P.E., Deputy Director Technical .. Administrative Division James D. Hanson. P.E. Transportation Engine.. Edward Kapl... Facilitias Operations Manager MEMORANDUM 1:-" FROM: Trunk Highway 36 (T .H. 36) Access Plan Mailing List Don Theisen, Deputy Directo~ 112f. ~ Technical and Administrative'~vicles TO: DATE: January 10, 1995 SUBJECT: Update on T .H. 36 Access Planning The purpose of this memo is to give you an update on the T.H. 36 Access planning, and to let you know what work is being done. No further action on the plan has been taken by Lake Elmo, Grant Township or the County. e The planning of future access along T.H. 36 is a very complex issue. We know that if we do nothing the corridor will become like North St. Paul, a traffic signal at every intersection. All the alternatives, including the "Do Nothing" option have different impacts to varying degrees. We have heard and received letters from residents concerned about impacts to existing homes and businesses, existing open spaces, traffic volumes, noise, safety, and cost to name a few major issues. A complete review of all impacts must be done before a fair review and decision can be made on this issue. w~ are discussing the process that we can use to develop and present alternatives and their associated impacts with Minnesota Department of Transportation (MNDOT) officials. No public meetings are scheduled on this issue before April, 1995. We will mail meeting notices out if and when a meeting is held. J'I One final note, traffic signals will be installed on T.H. 36 at Hilton Avenue and Manning Avenue this year. We anticipate the signals will be operational by next fall. Please feel free to call me at 430-4300 if you have any questions or comments. DJT:slj e Nnt" on Aecyded Pa~t EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION