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HomeMy WebLinkAbout1994-06-21 CC Packet41 REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES June 7, 1994 Regular and Recessed Meetings June 14, 1994 Special Meeting PETITIONS, INDIVIDUALS, DELEGATIONS COMMENDATIONS 1. Update: Steve Brown, Movie Unit Production Manager for "The Cure 2. Solid Waste Advisory Committee Tim Schmolke 3. Update on Lumberjack Days activities Lumberjack Days Festival Association. STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director PUBLIC HEARINGS AGENDA STILLWATER CITY COUNCIL June 21, 1994 3. Response to request by Jay Roettger. 5. Parks Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk UNFINISHED BUSINESS 1. Approval of Agreement with Island World Productions, Inc. 2. TIF /94 -1, Review and approval of Development Agreement for TIF assistance for development of strip commercial center at County Road 5 and West Orleans, Dick Zimmerman, applicant. 4. Update on Highlands of Stillwater drainage issues. 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator 5. Resolution: Declaring adequacy of petition and ordering preparation of report and development agreement for Highlands of Stillwater, 6th Addition. 6. Approval of Contract for fireworks. 7. Resolution: Approving easement settlements and authorizing payments, L.I. 285. 8. Possible First Reading of Ordinance requiring as -built survey of new lot grading. 9. Resolution: Receiving report and ordering preparation of plans and specifications for Myrtlewood, L.I. 304. 7:00 P.M. City Council Agenda June 21, 1994 Page 2 NEW BUSINESS 1. Resolution: Approval of 1994 Labor Agreement with Police Local 320. 2. Resolution: Approving plans and specifications and ordering advertisement for bids for 1994 Street Projects: L.I. 296 Northland Avenue L.I. 297 William Street L.I. 298 Sherburne Street L.I. 299 South 6th Street L.I. 300 Mulberry Street 3. Appointments to Highway 36 Bridge Design Review Committee. 4. Approval: Joint Powers Agreement with Washington County Housing Authority to administer the Federal Home Program for the City of Stillwater. PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS (continued) CONSENT AGENDA 1. Resolution: Directing Payment of Bills. (Resolution No. 94 -147) 2. Applications. 3. Approval: Banner and Permit to Consume St. Mary's Catholic Church Wild Rice Festival COMMUNICATIONS/REOUESTS 1. INCSTAR Request for no parking on areas of Northwestern Avenue and entrance signage. 2. U. S. Environmental Protection Agency Request for information regarding Junker Sanitary Landfill. COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT REGULAR MEETING The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Absent: Also Present: Press: Others: STAFF REPORTS 1. Finance Director STILLWATER CITY COUNCIL+ T MINUTES June 7, 1994 None City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell City Engineer Eckles Finance Director Deblon Fire Chief Ness Police Chief Beberg Consulting Engineer Moore City Clerk Weldon Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mike Polehna PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS Mike Polehna New Ice Arena Task Force Mike Polehna, member of the new community center task force and the Parks and Recreation Board, stated that the Parks Board voted to support the proposed one percent City sales tax. He stated that the task force hopes to prepare an information packet for the public and asked for Council support. A hockey club fundraiser will be held on Friday night to raise money for the effort. Re- Apportionment of Special Assessments for L.I. 276. 289. and 293. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the re- apportionment of special assessments for Local Improvements 276, 289, and 293. (Resolution No. 94 -135) Ayes Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays None 4 :30 p.m. Stillwater City Council Minutes Regular Meeting June 7, 1994 Finance Director Deblon informed Council of the City's Legal Debt Margin. The Finance Director also informed Council of future TIF changes due to changes in school district funding. Request by Cottages of Stillwater for Reducation of Payable 1993 and 1994 Taxes Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to deny the request by Cottages of Stillwater for reduction of payable 1993 and payable 1994 taxes. All in favor. 2. Police Chief Request to Train Officers Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to approve the $320 expenditure by the Police Department to train officers in a County -wide training program. All in favor. Chief Beberg updated Council on the status of the new record keeping system. Chief Beberg informed Council of a major motion picture to be filmed in Stillwater. The producers will meet with Council in the future. Mn/DOT and the State Highway Patrol will be running a 72 -hour truck safety check in the former Hooley's parking lot starting today. Mr. Beberg informed Council that he will be recommending removal of twelve parking spaces on South Third Street adjacent to the Cub Foods parking lot. 3. City Engineer Brick Pond Drainage Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to direct the City Engineer to review the Brick Pond area drainage problem. All in favor. Council discussed the sidewalk rehabilitation project on William Street and Myrtle Street and agreed to include these projects in the street rehabilitation project this summer. Council discussed a petition from Hidden Valley Lane residents requesting reconstruction of the 2400 block of Hidden Valley Lane. Council directed Mr. Eckles to respond to the petitioners that the street will be evaluated and possibly included in next year's street projects. Stillwater City Council Minutes Regular Meeting June 7, 1994 Mr. Eckles suggested that Council adopt a policy on street signage. 4. Community Development Director Payment for Perro Creek Watershed Allocation Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate resolution approving payment of the Perro Creek watershed improvement allocation of $1,800. (Resolution No. 94 -136) Ayes Councilmember Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays None 5. Fire Chief Employing Part-Time Firefighter Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to adopt the appropriate resolution employing Jim Swanson as part-time firefighter. (Resolution No. 94 -137) Ayes Councilmembers Bodlovick, Cummings, Kimble and Mayor Hooley Nays Councilmember Zoller 6. City Attorney Condemnation of SE Area Property Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution authorizing the City Attorney to proceed with eminent domain procedures for property in the Southeast area for right of entry. (Resolution No. 94 -138) Ayes Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays None 7. Building Official Grease Trap Ordinance Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to direct the City Attorney to write letters to all businesses which have not complied with the grease trap ordinance giving 30 days notice to comply or the City will install and assess the costs to the business. All in favor. Stillwater City Council Minutes Regular Meeting June 7, 1994 Request to Employ Shirley Montbriand Motion by Councilmember Kimble, seconded by Councilmember Bodlovick adopting the appropriate resolution employing Shirley Montbriand on a part-time basis at $15 per hour as requested by the Building Official. (Resolution No. 94 -145) Ayes Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays None RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to recess the meeting at 6 p.m. All in favor. ATTEST: Resolutions: No. 94 -135 No. 94 -136 No. 94 -137 No. 94 -138 No. 94 -145 CITY CLERK Re- apportionment for L.I. 276, 289, and 293 Approving Perro Creek fair share payment Employing Jim Swanson as Part-time Firefighter Authorizing eminent domain for s.e. area property Employing Shirley Montbriand in the Building Dept. 4 MAYOR RECESSED MEETING STILLWATER CITY COUNCIL MINUTES June 7, 1994 The Meeting was called to order by Mayor Hooley. Present: Councilmembers Cummings, Bodlovick, Kimble, Zoller, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell City Engineer Eckles City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Dave Roettger, Daniel Ponath, Denise Ponath, Greg Ries, Chris Fossbinder, Mr. Malik, Margaret Kielsa, Dave Harvieux, Todd King, David Brekke, Tony Zanko, John Peterson, Greg Norgaard, Kathy King, Jim Blichfeldt, John Bannigan APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of May 10, 1994, and the Regular Meeting of May 17, 1994. All in favor. INDIVIDUALS, DELEGATIONS COMMENDATIONS 1. Dave Roettger School District Drainage 2. Daniel and Denise Ponath Highlands Drainage 7:00 p.m. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to direct staff to meet with Dave Roettger to discuss drainage from school district property and Cottages of Stillwater and make a recommendation to Council. All in favor. Denise Ponath informed Council of a problem with drainage onto her property from Lily Lake School. City Engineer Eckles reported that he inspected the property yesterday and found that the grading is not appropriate. Mr. Ponath stated that the school district storm sewer is the cause of the problem. Stillwater City Council Minutes Recessed Meeting June 7, 1994 Greg Ries, 1284 Benson, stated that he is unhappy with the grading and the drainage is not appropriate. Chris Fossbinder, 1292 Benson, stated that the elevation plans were not followed. Mr. Malik, 1050 Gilbert Court, also spoke about the drainage problems. Council agreed that staff should review the situation before Council takes any action to resolve the issue. 3. Margaret Kielsa Petition for Hidden Valley Lane unerade. City Engineer Eckles explained the plan to patch and fill Hidden Valley Lane, with possible reconstruction next year. 4. Solid Waste Advisory Committee Tim Schmolke This item was rescheduled for the June 21, 1994 meeting. PUBLIC HEARINGS 1. Case No. SUB /94 -18. This is the day and time for the public hearing to consider a preliminary plat approval for a subdivision of a 3.46 acre parcel of property into 3 lots of 42,322 sq. ft., 39,121 sq. ft. and 67,785 sq. ft. The property is located south and east of Green Twig Way in the RA, Single Family Residential District. Janet and Richard Kutz, applicants. Notice of the hearing was placed in the Stillwater Gazette on May 2, 1994, and notices mailed to affected property owners. Community Development Director Russell explained the Subdivision request. Don Valsvik, Acting Planning Commission Chairman, reported that the Planning Commission's vote was 3 in favor, 5 opposed. He stated that the Commission was concerned about the wetlands environment, and sewer service for lot 3. Dave Harvieux, 1172 Parkwood Lane, representing the applicants, stated that all conditions from a previous application were met, and none of the wetlands will be affected. Todd King, 210 Wildwood Court, south of the proposed development, requested that the City deny the subdivision request because of the complexity of the wetlands regulations and determination of wetland delineation. Mr. Harvieux responded that the applicants have provided the City with a report from the Washington County Soil and Water Conservation District, and the delineation has been verified. 2 Stillwater City Council Minutes Recessed Meeting June 7, 1994 David Brekke, 645 Eagle Ridge Trail, stated that the impact of a 32 foot wide road will create drainage problems on his property. Tony Zanko, 540 Eagle Ridge Trail, stated that this area is in a flood plain according to a map. Mr. Russell responded that this is not in a flood plain. John Peterson, 480 Eagle Ridge Trail, stated that this application was previously rejected by the Council, and the only change in the second application is the widening of the street from 24 to 32 feet. He stated that the neighbors are uniformly opposed to the development. Mr. Russell addressed the wetland delineation concern. He suggested a condition of preliminary plat approval could require that a full delineation of the wetland be completed before final plat approval. Greg Norgaard, 380 Wildwood Court, suggested a formal report from the Corps of Engineers be required before approval. He requested that the City purchase the site to maintain it as an open area and wetland. 11 1 Kathy King, 210 Wildwood Court, stated that there is neighborhood opposition to the development, and asked about pursuing the City's purchase of the land. Jim Blichfeldt, brother of the property owner, stated that the potential buyers want to develop the property and have hired all the necessary professionals. John Bannigan, attorney for the applicants, stated that all the standards in the City code have been met. Mayor Hooley closed the Public Hearing. City Attorney Magnuson reviewed the Council's obligations in making a decision. Council continued discussion of the options. Motion by Councilmember Cummings to concur with the Planning Commission and deny the subdivision request. Motion died for lack of a second. City Attorney Magnuson advised Council to take a straw vote directing Staff to prepare a resolution for the next meeting adopting the findings necessary for denial. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to table Case No. SUB /94 -18, until additional information necessary to make a decision is obtained. Ayes 4; Nays 1, Councilmember Cummings. Stillwater City Council Minutes Recessed Meeting June 7, 1994 UNFINISHED BUSINESS 1. Awarding bid for sale of: $1,485,000 General Obligation Improvement Bonds, Series 1994B $4,800,000 General Obligation Tax Increment Bonds, Series 1994C $170,000 General Obligation Capital Outlay Bonds, Series 1994D Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate Resolution awarding the sale of $1,485,000 General Obligation Improvement Bonds, Series 1994B to Dain Bosworth. (Resolution No. 94 -139) Ayes Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley. Nays None Motion by Councilmember Kimble, seconded by Councilmember Bodlovick adopting the appropriate resolution awarding the sale of $4,800,000 General Obligation Tax Increment Bonds, Series 1994C, to Smith Barney Shearson. (Resolution No. 94 -140) Ayes Councilmembers Bodlovick, Kimble, Zoller and Mayor Hooley Nays None Abstain Councilmember Cummings Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the appropriate Resolution awarding the sale of $170,000 General Obligation Capital Outlay Bonds, Series 1994D to Dain Bosworth. (Resolution No. 94 -141) Ayes Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays None (Council recessed for five minutes and reconvened at 8:55 p.m. Councilmember Bodlovick was absent for the remainder of the meeting.) NEW BUSINESS 1. CSAH 5 Reconstruction and Signal Installation: Concurrence of award of bid to Shafer Contracting. Motion by Councilmember Kimble, seconded by Councilmember Zoller to concur with the awarding of the bid for CSAH 5 reconstruction and signal installation to Shafer Contracting. All in favor. 4 Stillwater City Council Minutes Recessed Meeting June 7, 1994 2. Resolution: Approval of Final Plat, Highlands of Stillwater, 6th Addition. Steve Fiterman Ground Development. Case No. SUB/94 -26. Motion by Councilmember Kimble, seconded by Councilmember Cummings to continue the approval of final plat, Highlands of Stillwater, 6th Addition, Steve Fiterman, Ground Development, Case No. SUB/94 -26, until the drainage issue is resolved. All in favor. 3. Resolution: Declaring Adequacy of Petition and Ordering Preparation of report and development agreement for Highlands of Stillwater, 6th Addition. Motion by Councilmember Kimble, seconded by Councilmember Cummings to continue action on declaring adequacy of petition and ordering preparation of report and development agreement for Highlands of Stillwater, 6th Addition, until the drainage issue is resolved. All in favor. 4. Resolution: Approve Agreement with Oak Park Heights for sanitary sewer hook -up for Southeast Area residents. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the agreement with Oak Park Heights for sanitary sewer hook -up for Southeast Area residents and authorizing the Mayor to sign. (Resolution No. 94 -143) Ayes Councilmembers Cummings, Kimble, Zoller and Mayor Hooley Nays None 5. Investigation of Stillwater City Dump Site. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct Staff to prepare a request for proposals (RFP) for selection of a consultant to prepare a phase one and phase two investigation of the Stillwater City Dump Site. All in favor. 6. Lowell Park Discussion of Plans and Specifications. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct the Community Development Director to obtain a proposal from the firm of Sanders, Wacker, Wherman and Bergley on an estimate of costs to prepare the plans and specifications for the Lowell Park improvements as it relates to the levee wall as required by the Corps of Engineers. All in favor. 7. State Highway 36 Access Plan. 5 Stillwater City Council Minutes Recessed Meeting June 7, 1994 Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct Staff to write a letter to Mn/DOT requesting a Stillwater area representative be appointed to the task force, and indicating the support of the alternative plan. All in favor. 8. Cost estimates for proieats which could be funded by 1 percent tax option. Community Development Director Russell presented a list of projects which could be funded by the one percent sales tax option. James Laskin, downtown business owner, stated that needs should be identified before determining ways to pay. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct staff to coordinate the preparation of a newsletter on one percent sales tax benefits with costs not to exceed $2,500. Ayes 3; Nays 1, Mayor Hooley. 9. Reauest for assistance to clean un downtown railroad. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct staff to work with the Downtown Council for in -kind assistance in supporting the request by the Minnesota Zephyr for clean up of the railroad bed. All in favor. 10. Resolution: Approval of Labor Relations Contracts Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the 1994/95 revised labor agreements for AFSCME Council 14, IUOE Local 49, and Stillwater Firefighters Association. (Resolution No. 94 -144) Ayes Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays None UNFINISHED BUSINESS (Continued) Estimate of cost for Asbestos Study of City Hall Motion by Councilmember Zoller, seconded by Councilmember Kimble to adopt the appropriate resolution approving a contract with NOVA Environmental for an asbestos study of City Hall at a cost of $2,039. (Resolution No. 94 -142) 6 Stillwater City Council Minutes Recessed Meeting June 7, 1994 Ayes Councilmembers Cummings, Kimble, Zoller, and Mayor Hooley Nays None Update on Comprehensive Plan Meetine, Community Development Director Russell updated Council on the Comprehensive Plan Meeting of June 6, 1994. CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the consent agenda, removing items No. 2 and 8, and including the following: 1. Directing Payment of Bills (Resolution No. 94 -134) Ayes Councilmembers Cummings, Kimble, Zoller, and Mayor Hooley Nays None 2. Resolution: Approve Change Order No. 2, SE Area Sanitary Sewer, L.I. 285, $5,000 reduction for change in insurance requirements. (Deleted) 3. Approval: Permit to Consume Croix Valley Glass. 4. Approval: Purchase and installation of central hydraulic system for one -ton truck. 5. Approval: Hire three temporary part-time summer workers for Public Works. 6. Approval: Request for installation of street lights at two locations: 1. Tuenge Drive and 60th Street 2. Carnelian Street and St. Croix Avenue. 7. Approval: City Clerk to attend Municipal Clerks Institute. 8. Approval: Hire part-time firefighter. (Deleted) 9. Approval: Hang banner 1. St. Michael's Parish Festival 2. Wild West Weekend 10. Approval: Utility bill adjustments COMMUNICATIONS/REOUESTS 1. Board of Water Commissioners: Request for reappointment of James Weaver. Motion by Councilmember Kimble, seconded by Councilmember Zoller to affirm the Mayor's reappointment of James Weaver to the Board of Water Commissioners. All in favor. Stillwater City Council Minutes Recessed Meeting June 7, 1994 2. City of Afton: Request for resolution directing LMCIT to comply with Court of Anneals decision. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution requesting the League of Minnesota Cities Insurance Trust to comply with the Court of Appeals decision regarding Afton City officials. (Resolution No. 94 -146) Ayes Councilmembers Cummings, Kimble, Zoller and Mayor Hooley Nays None STAFF REPORTS (Continued) City Coordinator Motion by Councilmember Kimble, seconded by Councilmember Zoller to provide insurance for the Fourth of July Fireworks sponsored by Cub Foods. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the agreement with the American Wind Symphony Orchestra for a performance in Stillwater at a cost of $15,000. Ayes 3; Nays 1, Councilmember Cummings. Motion by Councilmember Zoller, seconded by Councilmember Kimble to direct staff to prepare an ordinance requiring a deposit or an as -built survey by developers to prevent future grading and drainage problems. All in favor. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Cummings to adjourn the meeting at 10:20 p.m. All in favor. ATTEST: CITY CLERK 8 MAYOR Stillwater City Council Minutes Recessed Meeting June 7, 1994 Resolutions: No. 94 -134 No. 94 -139 No. 94 -140 No. 94 -141 No. 94 -142 No. 94 -143 No. 94 -144 Submitted by: Shelly Schaubach Recording Secretary Payment of Bills Sale of $1,485,000 G.O. Bond to Dain Bosworth Sale of $4,800,000 G.O. Bond to Smith Barney Sale of $170,000 G.O. Capital Outlay Bond to Dain Bosworth Contract with NOVA Environmental Agreement with OPH for sanitary sewer hook -up for SE Area Approving labor relations contracts SPECIAL MEETING Also Present: City Coordinator Kriesel City Attorney Magnuson City Clerk Weldon STILLWATER CITY COUNCIL MINUTES June 14, 1994 The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Absent: None Press: Julie Kink, The Courier Rod Amland, Stillwater Gazette Others: Richard Zimmerman, Bob Medcraft, Steve Brown, Pete Smith, George Olsen, Robert Colombo, Richard Kilty, Jim Lund, Jim McKinney INDIVIDUALS. DELEGATIONS COMMENDATIONS 1. Richard Zimmerman. TIF Reauest Richard Zimmerman, developer of Corner Store Shops, requested TIF assistance over 7 1/2 years, rather than the 15 years as recommended by the City's Finance Director. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct staff to draft a development agreement indicating full TIF assistance over 7 and 1/2 years as requested by Richard Zimmerman for the Corner Store Shops development, with the option to change the agreement after consultation with the City Finance Director. Ayes 4; Nays 1, Councilmember Bodlovick. 2. Steve Brown, Movie Unit Production Manager for "The Cure" NOT APPROVED AS OF THIS DATE 7:00 p.m. Bob Medcraft, location manager for Island World Productions met with Council to discuss the filming of a movie in Stillwater. Motion by Councilmember Kimble, seconded by Councilmember Zoller to approve the rental of the former Hooley's Store building to Island World Productions from June 15 through August 15, at $1,000 per month plus utilities and any other expenses the City many incur, with additional days pro- rated. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the request by Island World Productions for a block party on 2nd Street between Churchill and Willard on Saturday, June 15, 1994, with a permit to consume. All in favor. Stillwater City Council Minutes Special Meeting June 14, 1994 3. LaVonne Mulvehill Request for On- Street Parking Variance Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the request for an on- street parking variance on McKusick Road for Sunday, June 19, 1994, as requested by LaVonne Mulvehill. All in favor. PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the expansion and remodeling of the municipal building located at 216 North 4th Street. The project will consist of a third floor addition and the remodeling of existing offices. The estimated project cost is $1,800,000. Notice of the hearing was placed in the Stillwater Gazette on June 6, 1994. Peter Smith of BWBR Architects presented an overview of the proposed project. Mayor Hooley addressed several options to the remodeling of the building. Robert (Barrett) Colombo, 215 North Harriet, stated his concern regarding the noise generated by the public works garage in a residential area. He felt that public works and the fire department should be moved to the outskirts of the City. Richard Kilty, 118 West Oak Street, stated that the plan is well done, but premature. He suggested postponing the plan for one year until the Comprehensive Plan is complete. Jim McKinney, 410 West Rice, stated that the public works garage is in an area zoned residential and he would like to see it remain residential. Jim Lund, 115 North Harriet, stated that public works is not a good neighbor. He suggested moving public works and the fire department to another site, which would allow police and administration expansion in the present building. Council discussed whether all options have been examined. Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to explore the various options available for the expansion and remodeling of the municipal building. All in favor. Mayor Hooley closed the public hearing. 2 e Stillwater City Council Minutes 1/10 Special Meeting June 14, 1994 Motion by Councilmember Kimble, seconded by Councilmember Cummings to table the City Hall building project until the architects and staff have an opportunity to meet and prepare a plan with recommendations and costs. Ayes 4; Nays 1, Councilmember Bodlovick. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Zoller to adjourn the meeting to executive session to discuss easement agreements for L.I. 285 at 9:00 p.m. All in favor. ATTEST: Submitted by: Shelly Schaubach Recording Secretary CITY CLERK MAYOR DONALD L. BEBERG 0 CHIEF OF POLICE 1lwater THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M O R A N D U M TO: MAYOR HOOLEY AND THE CITY COUNCI FROM: D.L. BEBERG CHIEF OF POLICE DATE: JUNE 21, 1994 RE: AGENDA ITEMS TIMOTHY J. BELL CAPTAIN THERE IS A REQUEST IN YOUR PACKET FROM INCSTAR FOR NO PARKING ON THE EAST SIDE OF NORTHWESTERN AVENUE BETWEEN THE NORTH DRIVEWAY INTO RIVER HEIGHTS PLAZA AND THE NORTH BOUNDARY OF THE INCSTAR PROPERTY. THE CITY ENGINEER AND I CHECKED THIS AND RECOMMEND THAT YOU GRANT THEIR REQUEST (YELLOW CURBING WITH THE SIGNS THEY ASKED FOR). THEIR SECOND REQUEST OF SIGNING THEIR DRIVEWAYS THAT FEED INTO THEIR PARKING LOTS SHOULD BE AT THEIR EXPENSE, NOT THE CITYS, AS IT IS PRIVATE PROPERTY. WE RECOMMEND THAT THEY PURCHASE AND INSTALL THOSE SIGNS THEMSELVES. THEY CAN CONTACT THE PUBLIC WORKS DEPARTMENT FOR INFORMATION AS TO WHERE TO GET THE SIGNS. THE MOTHER OF ONE OF THE BOYS THAT GRADUATED FROM THE LAST D.A.R.E. CLASS CONTACTED THIS DEPARTMENT AND VOLUNTEERED TO SOLICIT FUNDS FOR OUR 1994 -1995 SCHOOL YEAR D.A.R.E. PROGRAM. AT THE END OF THE 1993 -1994 SCHOOL YEAR THE PROGRAM WAS $22.00 IN THE RED. IT TAKES $3,000.00 $4,000.00 PER YEAR TO RUN THE D.A.R.E. PROGRAM FOR OUR 5TH GRADERS OF WHICH THERE ARE ABOUT 470 STUDENTS. MOST OF THE FINANCING FOR D.A.R.E. IS FROM CONTRIBUTIONS, FUND RAISERS AND DONATIONS. THIS ELIMINATES THE NEED FOR TAX MONEY TO FUND IT. I HAVE GIVEN PERMISSION TO TERI POUTRE' TO RAISE FUNDS FOR THE PROGRAM, BUT I WAS ASKED TO BRING IT TO THE COUNCIL MEETING TO BE SURE IT MET WITH YOUR APPROVAL. I WILL BE OUT OF TOWN ON VACATION SO OUR LEAD D.A.R.E. OFFICER, LESLIE WARDELL, WILL BE AT THE COUNCIL MEETING TO RESPOND TO ANY QUESTIONS OR CONCERNS YOU MAY HAVE ON THIS. WE WORKED WITH THE "POW -WOW" PERSONNEL IN PROVIDING OFFICERS AND THE EXPLORER SCOUTS FOR THE EVENT AND THE PUBLIC WORKS DEPT. SUPPLIED NO PARKING SIGNS AND BARRICADES WHERE THEY WERE NEEDED. I REQUEST PERMISSION FOR THE DEPARTMENTS 2 INVESTIGATORS (LESLIE WARDELL AND DOUGLAS SWANSON) TO ATTEND A 3 DAY "REID METHOD OF CRIMINAL INTERVIEWS AND INTERROGATION" SEMINAR AT THE FARIBAULT POLICE DEPT. THE REGISTRATION TOTAL IS $710.00. ADDING 2 NIGHTS LODGING AND MEALS AND THE USE OF ONE OF THEIR SQUADS TO DRIVE, THE TOTAL COST WON'T BE OVER $1,000.00 AND THERE IS MONEY IN THE BUDGET FOR IT. 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 439 -1336 FAX: 439 -0456 Police Response Assistance: 911 IN CASE YOU GOT ANY COMPLAINTS: ONE NIGHT DURING THE WEEK OF JUNE 6TH AND ONE NIGHT DURING THE WEEK OF JUNE 13TH WE HAD "LOUD MUSIC" CALLS OF WHICH P.D. PAPPYS WAS BLAMED BY THE RESIDENTS THAT CALLED. THE MUSIC WAS COMING FROM THE DECK OF THE FREIGHT HOUSE, NOT "PAPPYS WE HAVE BEEN ADVISED BY THE MANAGEMENT AT THE FREIGHT HOUSE THAT THE NIGHT OF JUNE 16TH WAS THE LAST NIGHT THEY ARE HAVING LIVE MUSIC ON THEIR DECK. AT THE STAFF MEETING ON THE 16TH I GAVE THE MAYOR AN UPDATE OF THE COSTS OF THE COUNTY RECORD SYSTEM. WE DO NOT HAVE ALL OF THE FINAL BILLS YET, BUT BY THE FEW THAT CAME IN IT LOOKED LIKE WE WOULD BE ABOUT $1,500.00 UNDER THE PROJECTED COST. LATER IN THE DAY, AFTER THE STAFF MEETING I GOT THE BILL FROM THE COMPANY THAT DID THE IN HOUSE WIRING /NETWORKING AND THEIR BILL WAS $1,000.00 MORE THAN ANTICIPATED. THEREFORE I THINK WE WILL COME IN CLOSE TO THE ORIGINAL FIGURE, INSTEAD OF UNDER IT. DURING THE EARLY MORNING HOURS OF SUNDAY, JUNE 12TH THERE WAS A BOAT THEFT FROM STILLWATER YACHT WHERE A 38 FT BOAT VALUED AT $130,000.00 WAS TAKEN. ONE OF OUR OFFICERS ASKED A BOATER TO ASSIST HIM ON THE RIVER WITH THE POSSIBLE APPREHENSION OF THE PERSON OR PERSONS THAT TOOK THE BOAT FROM THE MARINA. THE BOATER LET OUR OFFICER ON BOARD AND WE DID END UP GETTING THE STOLEN BOAT BACK AND MAKING 1 ARREST FOR THE THEFT. DURING THE COURSE OF EVENTS ON THE RIVER, HOWEVER, THE BOAT THAT OUR OFFICER WAS IN WAS RAMMED BY THE STOLEN BOAT WHICH DID ABOUT $2,000.00 DAMAGE TO THIS BOAT. COMPLETE COPIES OF THE INCIDENT HAVE BEEN GIVEN TO THE CITY COORDINATOR, THE CITY ATTORNEY AND THE CITYS INSURANCE AGENCY. THERE IS A POSSIBILITY THAT THE BOAT OUR OFFICER WAS IN WAS NOT COVERED UNDER THE CITYS INSURANCE. WE ARE NOT SURE AT THIS TIME. IF IT IS NOT COVERED, I WILL HAVE TO COME BACK TO THE MAYOR AND CITY COUNCIL FOR PERMISSION TO PAY FOR THE DAMAGES. 94 -22 THE CURE ISLAND WORLD PRODUCTIONS, INC. RE: "THE CURE" 1. The undersigned as Owner of the premises described herein (or as agent for such owner) irrevocably grants to ISLAND WORLD PRODUCTIONS. INC. as Producer, the right to use and photograph (including, without limitation, by means of motion picture, still or video device photography) both the real and personal property located at the premises generally described as follows: Hooley's Supermarket Store 405 E. Myrtle St. Stillwater, MN 55082 (the "premises in any manner whatsoever, including the right to photograph, record and use any logos, signs and verbiage contained on the premises, the right to refer to the premises or any part thereof by any fictitious name, and the right to attribute any fictitious events as occurring on the premises, together with access to and egress from the premises with the Producer's personnel and equipment for the purpose of erecting and maintaining temporary motion picture sets and structures and /or recording sound for such scenes as the Producer may desire. 2. The Owner warrants that they are the owner (or the agent for the owner) of the premises, that the Owner is fully authorized to enter into this agreement and has the right to grant the Producer the use of the premises and each and all of the rights herein granted. 3. The Producer may take possession of the premises on or about JUNE 15. 1994 and may continue in possession until the completion of all photography and recording for which the Producer may desire to use the premises, estimated to require about SIXTY ONE (61) days of occupancy over a period of about SIXTY ONE (61) days. 4. The Producer agrees to pay as rental for the premises: a. $1000.00 month for June 15 Aug. 15, 1994. b. Producer agrees to pay all utilities pertaining to the space rented. c. The lease amount includes parking priviledges as discussed with David Junker. d. Any alterations to be done to the building must be discussed with and approved by David Junker. All charges shall be payable on completion of the work contemplated hereunder, unless specifically agreed to the contrary. The Producer may at any time elect not to use the premises, in which case neither party shall have any obligation hereunder, except in the case of where the Owner has incurred expenses as a direct result of the said project. 5. In the event the Producer desires to photograph retakes or other scenes, the Producer may re -enter upon and use the premises for such period as may be reasonably necessay therefore, commencing at any time within eighteen (18) months after completion of principal photography on, and in such event the above rental rate shall apply, provided both dates are mutually acceptable to both parties, 625 Marquette Avenue Suite 1616 Minneapolis, MN 55402 (612) 321 -0888 fax (612) 321 -0881 Location Agreement Page 2 unless the premises has been sold to a third party. 6. The Producer shall leave the premises in substantially as good condition as when received, excepting reasonable wear and tear and use of the premises for the purposes herein permitted, and the Producer shall have the right to remove all of its sets, structures and other material and equipment from the premises. 7. The Producer shall indemnify and hold the Owner harmless from and against mechanics leins that may be filed against the premises. The Producer shall indemnify and hold the Owner harmless from and against damages for injury to or death of persons and for damage to or destruction of property on the premises occurring during the Producer's use of the premises and directly caused by the negligence of the Producer or any of its employees in the conduct of the Producer's motion picture operations hereunder. The Producer shall provide the Owner with proof of insurance with a combined single limit of 200/600, including public liability and property damage.. 8. All rights of every kind in and to all photography and sound recordings made hereunder shall be solely owned in perpetuity by the Producer and its Successors, and neither the Owner nor any tenant or other party now or hereafter having an interest in the premises shall have any right of action, including without limitation any right to injunctive relief against the Owner, its Successors and /or any other party arising out of any use or non -use of the photography and /or sound recordings. 9. The Owner hereby irrevocably grants to the Producer and its Successors the right, in perpetuity, throughout the world, to duplicate and recreate all or a portion of the premises and to use the same in any media and /or manner known or unknown. 10. Neither the Producer, nor its Successors shall be obligated to make any actual use of any photography, recordings, depictions or other references to the premises hereunder in any motion picture or otherwise. DATE: i S q L/ Producer: ISLAND WORLD PRODUCTIONS. INC. By: Bob Medcraft Its: LOCATION MANAGER Signature: Mgr O Address: 625 Marquette Ave. Suite 1616 Minneapolis. MN 55402 Owner: By: Its: Address: 12:00 AnD 3:00 Pt\ on 211D SUM VIW1 WHAM AnD criukcmiLL rok Tric nuaribovs or -nit ow SATURDAY, JU[1 25„ 1994 W WILL ImritRina 15CTwrcF1 ri‘71T 7 MLA Of "frt (U"' CO TYPE OF INSURANCE LTR In &PM8A 11 8P6HIQW 111 I 1 11111111111111 111 11111111111111111111111111111 Producer RHH /ALBERT G. RUBEN INS SVC 2121 Ave Of The Stars, #700 Los An eles, CA 90067 Contact: Winnie Nee (310) 551 -1101 Insured Company 1 COVERAGE Letter E Any Auto All Owned Autos 1 Scheduled Autos A [X Hired Autos [X] Non Owned Autos Garage Liability WORKER'S COMPENSATION A AND EMPLOYER'S LIABILITY ISLAND WORLD PRODUCTIONS 8920 Sunset Boulevard Los Angeles, CA 90064 GENERAL LIABILITY AUTOMOBILE LIABILITY III11II11I11llllll11I11I11111 111I11I111II111111 111 1111111IIIIIIIllljllll1IIlIIr l[l DATE 11111111 1 11 11 1 111111111111I111111111111111111111 1111111111111111111111 1 1 11 1 1 1 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGES Company Letter A TRANSAMERICA INSURANCE COMPANY Company ISLAN011 Letter B Company Letter C Company Letter D !F 11 1 1111111 ►I I I I I1 1111111 1111111 1111111 1111111 1111111 1111111 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER- IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER A [X] Commercial General Liab. GL 280 78 02 11111 ]Claims Made [X ]Occur Owner's Contractors Protective EXCESS LIABILITY Umbrella Form Other Than Umbrella Form PROPERTY DAMAGE GL 280 78 02 WC80242038 AL STATES EXCEPT N NV,OH,WA,WV W A OTHER THIRD PARTY P 148 43 45 POLICY EFF DATE POLICY EXP DATE (mm /dd /yy) (mm /dd /yy) General Aggregate $2,000,000 Prod Comp /Ops Agg $1, 000, 000 06/03/94 06/03/95 Pers Adv Injury Si, 000, 000 Each Occurrence $1,000,000 Fire Damage 50,000 Combined Single Limit 06/03/94 06/03/95+ Bodily Injury (Per Person) Each Occurrence Aggregate 111111111111111 11,11111111111111111 Statutory I I ll U I l l b►b►d 06/03/94 06/03/95 Each Accident Disease -Pol Limit $1, 000, 000 Disease -Each Empl $1, 000, 000 06/03/94 06/03/95 LIMIT OF LIABILITY $2,000,000 Description Of Operations /Locations /Vehicles /Special Items ALL OPERATIONS OF THE NAMED INSURED WITH RESPECTS TO FILMING OF PRODUCTION ENTITLED: "THE CURE". CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS TO LOCATIONS OR PREMISES BUT ONLY WITH RESPECT TO CLAIMS ARISING OUT property C 1 TIC HOLDER located at: 405 E. CANCELLAT I lilll!►IIIIII►1IIII II IIIIIIIIIIIIIIIlIIlIIIIIlIlI !11111111111111111111111 Should any of the above described policies be cancelled before the City of Stillwater expiration date thereof, the issuing company will endeavor to 216 N 4th Street mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or Stillwater, MN 55082 liability of any kind upon the company, it's agent's or representatives. Authorized Representativ 1 QWIK 2 -55 (7/90) 1111111111111111111111111 11111111111111111111111111 LIMITS (Any one fire) Medical Payments (Any one person) Y Bodily Injury IS (Per Accident) Property Damage 1$ 1 I I I I th K APP company, inc) $1,000,000 9. Q OF TO' June 15, 1994 Minnesota Department of Transportation Oversize /Overdimension Permit Office Room 152 Administrative Truck Center 100 Stockyard Road South Saint Paul, MN 55075 Honorable Charles Hooley Mayor of Stillwater, Minnesota Stillwater City Hall 216 North Fourth Stillwater, MN 55082 Dear Mayor Hooley; In response to our discussions in the meeting of April 26, 1994 and your letter of April 28, 1994, Minnesota has reviewed the traffic situation in the Stillwater area, as it relates to Twin Trailers and Long Combination Trucks, specifically the trailers longer than 48'0 The department has submitted the original Twin Trailer Route Designation to a re- review using Minnesota's Federally accepted criteria for the designation for Twin Trailer /Long Truck routes. Utilizing the Criteria, copy attached, the Department of Transportation has determined that the segment of roadway does not meet four of the seven criteria established and will Undesignate the Twin Trailer /Long Truck designation that was made in the 1970's. I have been in contact with the Wisconsin Department of Transportation and have established an implementation date of July 18, 1994. This date will provide sufficient time to notify enforcement agencies and to place the informational signing required to advise the truckers involved. Based on the above explanation the following segments of roadway will be removed from the Minnesota Twin Trailer Network: TH 95 from the South Junction of TH 95 and TH 36 to the North Junction of TH 95 and TH 36 and; TH 36 from the North Junction of TH 95 and TH 36 to the center of the Interstate Bridge in Stillwater. As stated above, implementation will be effective July 18, 1994. I thank you for bringing this situation to our attention and I hope that this remedy relieves some of the congestion and problems with the intersection and promotes a safer situation within the downtown area of Stillwater. An Equal Opportunity Employer Page 2 Mayor Charles Hooley Stillwater, MN If I can be of any further assistance or if you have any questions, please do not hesitate to call me at 296 -0843. Sincerely, Darrell L. Schierman, Director, Road and Vehicle Information and Service Minnesota Department of Transportation cc. Jim Denn, Commissioner Al Schenkelberg Col. Chabries, Chief State Patrol Charles Siggerud, Metro District Andy Piilola, Mn. Trucking Assoc. Bruce Kastner, MN /DOT Mark Morrison, WI /DOT Dennis LAchowitzer, MN /DOT Attachment ti I MN /DOT CRITERIA FOR EVALUATION OF REASONABLE ACCESS ROUTES FOR STAA TYPE VEHICLES GENERAL Routes within one road mile of NTN STAA type vehicles will be allowed access on all:state highways within one road mile of the Federally designated National Truck Network subject to limitations, such as weight restrictions, which apply to all vehicles. [A] Posting of highways to not allow trucks will be based solely on a detailed evaluation of the reasonable access safety criteria. [B] Use of the qualifying routes within one road mile of the NTN shall be solely for the purpose of direct travel between the NTN and terminals, facilities for food, fuel, repair and rest. Routes beyond one road mile of the NTN STAA type vehicles desiring access beyond the one road mile limit must provide a written request stating the route desired. [A] System level evaluation of these routes will be based solely on the reasonable access safety and engineering criteria. [B] Requests meeting all safety and engineering criteria will be automatically granted. [C] Requested routes failing to meet all the safety and engineering criteria will be studied in detail and an evaluation made to determine if request should be granted. [D] Requests not answered in 90 days will automatically be granted. MN /DOT CRITERIA FOR EVALUATION OF REASONABLE ACCESS ROUTES FOR STAA TYPE VEHICLES Safety Evaluation Criteria [A] The requested route or route segment accident rate for all vehicles and for heavy commerical vehicles cannot exceed the corresponding state -wide accident rates. The historical accident rate trends for the requested route cannot be greater than the trends for the state -wide rate. [B] Requested route must have a minimum of 12 foot paved lane widths and 4 foot paved or unpaved shoulder widths (Rural) or a minimum 32 foot paved surface (Urban). [C] Requested route must provide sufficent paved driving surface so that vehicles do not encrouch into oncoming traffic lanes or parking lanes on turns and curves. Vehicle templates will be applied to plans to determine vehicle paths. Engineering Evaluation Criteria [A] Requested route must not have 25 percent or more of its length signed as "NO PASSING ZONE" (rural areas). [C] Terminal must have sufficient off -road truck parking and maneuvering area so that commercial vehicle does not use roadway for turning and backing, maneuvering, or parking. [D] Requested route peak hour volume /capacity ratio cannot exceed 0.70. [E] Requested route cannot be identified as a recreational roadway defined by peak daily volumes greater than 1.7 times AADT. Motor Carrier Request Process Requests are made to the Administrative Truck Center; Forwarded to the Office of Highway Programs for evaluation according to safety and engineering criteria; Forwarded to the appropriate District Office for evaluation and recommendation; Returned to the Office of Highway Programs which evaluates District comments; Forwarded to the Administrative Truck Center with recommendations; The Administrative Truck Center makes final disposition and notifies the requester. TO: Mayor and City Council FROM: City Coordinator RE: DATE: June/ 1994 IV MEMORANDUM Solid Waste Collection Semi Annual Report Form n c Accompanying this memo is a copy of the semi annual report form that the Solid Waste Advisory Committee would recommend the City require of Junker Sanitation. The data would be used to help plan and manage solid waste collection /disposal. The data could also be used in setting fees for users. Tim Schmolke, Chair of the Solid Waste Advisory Committee will at the 7 p.m. meeting Tuesday to discuss and explain this more fully. ,t/Q APR- 15-1994 11:20 REPORTING PERIOD (check one): JANUARY 1, 19_ through JUNE 30, 19�___ JON 1, 19 through DECEMBER 31, 19_... This report is due to the City Coordinator 30 days after the and of the reporting period. TYPE OF MATERIAL Mixed Solid waste Recycling Cardboard Newsprint Paper Glass Magazines Aluminium Can Other Metal Can Automotive Waste Laaa Acid Batteries Tirce Used Motor Oil Other Auto Fluids Miscalla -Sous Yard Waste Traa /Brush Waste White Cooas Bulky Items Scrap Metal Construction/ Demolition Debris Other (list) COMMENTS AMERICAN POLYWATER 612 430 3634 P.01/01 J'UNKER SANITATION INC. SEMI- ANNUAL REPORT TO THE CITY OF STTLLWATER FOR RESIDENTIAL WASTE COLLECTED AMOUNT tons tons each cu.yds. tong tong tons tons tons tOna tons tons tons each each gallons gallons tons tons tons tong tong NAME ADDRESS OF DISPOSITION FACILITY Post -fr brand fax transmittal memo 7671' N of pages "To From Co. I vv. 7-1 e Ss},11w4 (Phone Phone Fax If a .0 L./ 'Fax co. 7 7. Wednesday July 27 6:00 p.m. 7:00 p.m. 7:15 p.m. 8:00 p.m. Thursday July 28 12 Noon 7:30 p.m. LUMBERJACK DAYS `94 Framework Schedule As of June 21, 1994 Andersen Windows Drum Beauty Minnesota `94 "VIP" Sponsors Reception. Freight House Restaurant. Opening Ceremonies. Lumberjack Days `94. Lowell Park. Music On the Waterfront Andersen Windows Drum Beauty Minnesota `94 Preview. Lowell Park. Featuring: The Santa Clara Vanguard, Santa Clara, California. Five time Drum Corps International World Champions. and the Capitolaires of Madison, Wisconsin. Music On the Waterfront HEMLOCK 9 Local Artists. Carnival Rides. Gold Star Amusements. Lowell Park. Andersen Windows Drum Beauty Robert L. Miller Stadium. Stillwater Junior High School. In Competition: Madison Scouts Santa Clara Vanguard Boston Crusaders Blue Knights Colts Carolina Crown Blue Stars Capitolaires In Exhibition: Minnesota Brass, Inc. Minnesota `94. Madison, Wisconsin Santa Clara, California Boston, Massachusetts Denver, Colorado Dubuque, Iowa Charlotte, North Carolina La Crosse, Wisconsin Madison, Wisconsin Twin Cities Friday July 29 12 Noon Sidewalk Sales. Downtown Stillwater. 7:30 p.m. Saturday July 30 Tickets Information: $17 "VIP" Club Seats; $12 Numbered Reserved Concert Side seats; $5 General Admission Seats. Tickets are available at the Andersen Windows Drum Beauty Minnesota office at 423 South Main Street in Downtown Stillwater or by telephone with a Visa or Master Card at 430 -2306. Carnival Rides. Gold Star Amusements Lowell Park. Bungee Jumping. Lowell Park. Food In the Park Local Vendors Lowell Park. Concert. Lowell Park. 9:00 a.m. Dragon Boat Races. Lowell Park. 12 Noon Sidewalk Sales. Downtown Stillwater. Carnival Rides. Gold Star Amusements Lowell Park. Bungee Jumping. Acme Bungee Lowell Park. Food In the Park. Lowell Park. 10 K Run. Lowell Park. 4:00 p.m. Stillwater Fire Fighters Water Cannon Challenge Lowell Park -North 7:30 p.m. Sunday July 31 12 noon Andersen Windows "Kingston Trio" Concert. Lowell Park. Admission FREE. 9:30 p.m. Andersen Windows "Kingston Trio" "VIP" Reception. Freight House Restaurant. Carnival Rides. Gold Star Amusements Lowell Park. Bungee Jumping. Acme Bungee Lowell Park. Food In the Park. Lowell Park. 1:00 p.m. Lumberjack Days `94 Parade. JUNE 6, JUNE 18, JUNE 22 WORKSHOPS /MEETINGS TALLY OF TOPICS AND QUESTIONS BY ISSUE AREAS ISSUE 1: Growth and preservation of small town character (2) Support 2 1/2 acre lot density in township (2) Concerned about 2 1/2 acre zoning in the township (3) No growth/ many other comments made keeping boundary the same (2) Sewer service with increase expansion? (2) Wants referendum for expansion? (3) How does annexation process work? Enviromental Impacts What is small town character? What will the impact of growth be on schools? Wages and land is cheaper in other areas. We need affordable land. New urban development may impact older areas. Preservation of Neighborhoods Good planning should be done. ISSUE 2: PRESERVATION OF OPEN SPACE AND NATURAL AREAS (2) Mc kusick ravine development where will the path go? what type of security will you have? how wide will the path be? Aiple property, why are you going to make a parking lot for one business? Enviromental Impacts are very important Where are open space areas? Why do you just identify public ravines? Aquire additional open -space areas /ravines ISSUE 3: PRESERVATION OF HISTORIC AND CULTURAL RESOURCES AND COMMUNITY CHARACTER Supportive of Neighborhood Planning Adaptive reuse ISSUE 4: TRAFFIC CONGESTION (3) Traffic congestion will increase with development. (6) Traffic on Fourth Street is a problem. Do something! Orleans Street should be connected to Greeley Street. ISSUE 5: ECONOMIC DEVELOPMENT Bergman's upset at no notification. Do not agree that Industrial is the right land use. Supportive of R &D land use Land and wages are cheaper elsewhere. We should have affordable land. ISSUE 6: PARKS AND RECREATION FACILITIES Why is a park located on Highway 15 and 12? (2) Aquire old Athletic Field (2) Aquire Washington School land for a park. Aquire open space Aquire more parks ISSUE 7: RANGE OF HOUSING OPPORTUNITIES Where is low- income housing located? ISSUE 8: COORDINATE NEW DEVELOPMENT WITH PROVISION OF PUBLIC FACILITIES Where will the sewers be serviced with expansion? Township may be willing to pay for services they use. Growth will impact schools. ISSUE 9: CONDITION OF CITY STREETS, SIDEWALKS, AND OTHER PUBLIC FACILITIES ISSUE 10: COST OF NEW DEVELOPMENT TO CITY TAXPAYERS (4) What are various fiscal impacts Other: What is the Comprehensive plan process? What is the Annexation process? What is the planning process? Do another plan The Township Is a Burden on the City. DATE August 11, 1993 September 20, 1993 October 18, 1993 November 29, 1993 December 20, 1993 February 9, 1994 March 7, 1994 March 21, 1994 May 2, 1994 January 31, 1994 May 3, 1994 May 9, 1994 June 6, 1994 June 14, 1994 June 18, 1994 June 22, 1994 July 18, 1994 August 1, 1994 August/September COMPREHENSIVE PLAN UPDATE MEETINGS AS OF JUNE 21, 1994* MEETING City Council Planning Commission Planning Commission Planning Commission Planning Commission Public Hearing Planning Commission Council /Commission Workshop Planning Commission Planning Commission City Council Planning Commission Planning Commission Planning Commission Planning Commission Planning /Council Workshop Planning /Council Workshop Council /Planning Commission SUBJECT work program and budget approval work program existing conditions Questionnaire results/ goals policies Growth trends /land use/ natural resources Phase I Existing conditions /goals and obj ectives Alternative Plan Development Phase I results /public facilities Phase II/Existing city Greenways /Trails Update Township Task Force Phase II Alternatives Alternative plan/neighborhood meeting schedule Planning Commission Public Meeting Phase II Alternative Plans Alternative Plan Workshop Alternative Plan Workshop Alternative Plan Workshop Alternative Plan selection Alternative Plan selection Public hearing on Comp Plan *Besides Planning Commission and Council meetings, the Parks and Recreation Commission has met 5 times to discuss the parks element of the Comp Plan. The Heritage Preservation Commission has met 6 times and the Stillwater Township Task Force has met 4 times. 06/21/94 14:39 CIK3EFAU LHWI I� ,1 M 4 4390466 N I. Jy r' 1&12 AGREEMENT This Agreement made and entered into this day of Jurie, 1994, by and between the City of Stillwater, Washington County, Minnesota, hereinafter referred to as "Stillwater" and the City of Oak Park Heights, Washington County, Minnesota, hereinafter referred to as "Oak Park Heights RECITALS The City of Stillwater has constructed an extended sanitary sewer laterals to properties located within Stillwater on Hillcrest and 3rd Avenue South. These laterals shall remain the property and responsibility of Stillwater, however, these laterals shall be allowed to connect to the Oak Park Heights sewer system. The parties desire to enter into a cooperative agreement to allow the connection of the Stillwater Sanitary Sewer Laterals that serve the Hillcrest and 3rd Avenue South Streets within the City of Stillwater and yet provide for reasonable compensation to the City of Oak Park Heights and compliance with the rules and regulations of the Oak Park Heights Sanitary Sewer System as maintained by the Department of Public Works for the City of Oak Park Heights. The parties also desire to implement a procedure whereby the communities can respectively coordinate the appropriate connections with the sanitary sewer laterals in a manner which preserves that their respective interests are served. NOW THEREFORE, the parties hereiwth agree as follows: 1. Reallocation of Metro Waste Control Commission Capacities Allocated to the City of Oak Park Heights and the City of 06/21/94 14:39 ECKBERG LAW FIRM 4 4390456 NO.597 P003 Stillwater. Stillwater and Oak Park Heights have allocated to them certain capacities by the Metropolitan Waste Control Commission affecting use of the Metropolitan Sanitary Sewer Facility. Insofar as the homes along Hillcrest and 3rd Avenue South will be discharging into Oak Park lines, the City of Stillwater agrees to reallocate to the City of Oak Park Heights sufficient capacity so as to compensate the City of Oak Park Heights for the loss of capacity within its own lines, resulting from the service of the Stillwater properties. The City of Oak Park Heights shall annually compute in January of each year, (based on fourth quarter calendar year water usage) the volume of sewer flows experienced from the properties affected by this Agreement. Such calculations shall be based upon water usage provided to each and every resident within the area as monitored by the Board of Water Commissioners for the City of Stillwater. Thereafter, the City of Stillwater and the City of Oak Park Heights shall jointly notify by Way of written communication or otherwise to the Metropolitan Waste Control Commission the amount of gallonage /capacity that should be reallocated by the Metropolitan Waste Control Commission and from the City of Stillwater to the City of Oak Park Heights resulting from said calculations. Stillwater agrees that all residential properties served by this Agreement shall be connected to the Stillwater Municipal Water System. 2. Repair, Maintenance and Upkeep. That the sanitary sewer laterals constructed by the City of Stillwater in the area of 2 06/21/94 14:39 ECKBERG LAW FIRM 4 4390456 NO.597 P004 Hillcrest and 3rd Avenue South shall remain the exclusive property of the public works department of the City of Stillwater who shall be responsible for upkeep, repair and maintenance on same to the point of its connection with the Oak Park Heights sanitary sewer system. The City of Stillwater shall indemnify and hold the City of Oak Park Heights harmless from any injury or damage resulting from an interruption of service experienced by residential or other properties served by the sanitary sewer lines to the extent such interruption or loss of service is as a result of any condition existing within those sanitary sewer laterals as the same are located within Hillcrest Street and 3rd Avenue South. 3. Area Served. Annexed hereto is Exhibit A and incorporated herein by reference is a map /engineer's drawing depicting those properties to be served on Hillcrest Street and 3rd Avenue South by the Stillwater sanitary sewer laterals that will flow into the Oak Park Heights sanitary sewer system. Aside from these properties no other properties shall be allowed to connect to the Stillwater sanitary sewer laterals within Hillcrest and 3rd Avenue South without the express written permission of the City of Oak Park Heights. 4. Adoption and Enforcement of the Sanitary Sewer Ordinance of the city of Oak Park Heights and the Regulations of Public Works Department of the City of Oak Park Heights. The City of Stillwater does hereby agree that all properties served by the Stillwater sanitary sewer laterals located in Hillcrest and 3rd Avenue South shall conforms to the rules and regulations set forth by the Oak '06/21/94 14:40 ECKBERG LAW FIRM 4 4390456 4 NO.597 P005 Park Heights Public Works Department and as are contained in the Ordinances of the City of Oak Park Heights affecting the use of the Oak Park Heights sanitary sewer system. City of Stillwater does undertake the responsibility to assure compliance with said ordinances and regulations and shall advise the City of Oak Park Heights of any condition of non compliance and action taken by it to remedy the condition of non compliance. The City of Oak Park Heights reserves unto itself the authority to terminate sanitary sewer service under its regulations and ordinances to any property for which there is repetitive or continuance non compliance. 5. connection. Prior to connecting any residential or other property located along Hillcrest Street and or 3rd Avenue South to the Stillwater sanitary sewer laterals which flow into the Oak Park Heights sanitary sewer system, the Public Works Department of the City of Stillwater shall notify the Public Works Department of the City of Oak Park Heights and billing offices of the City Clerk of such pending connection providing all relevant data and information as may be requested by those departments. Additionally, the Public Works Department of the City of Oak Park Heights shall be provided the opportunity to supervise and inspect the connection by any such property to the sanitary sewer system. Prior to connection to the sanitary sewer system, all properties shall pay the appropriate connection fees established by the City of Oak Park Heights for that privilege with such payment being directly provided to the Offices of the City Clerk for the City of Oak Park Heights. Prior to connection, the City of Stillwater shall assure that the 06/21/94 14:40 ECKBERG LAW FIRM 4 4390456 NIU.'�9? -'006 property owner and /or the City of Stiliwater has paid the Metropolitan Waste Control Commission S.A.C. charge and all other related taxes and charges assessed by Metropolitan Waste Control Commission for the privilege of connecting to a sanitary sewer system. The City of Stiliwater shall verify such payment of fees to the City of Oak Park Heights prior to connection. 6. Billing. The City of Oak Park Heights shall bill each property owner quarterly for sewer charges for connection to the sanitary sewer system. The amounts of all such billings shall be made pursuant to existing regulations established for all Oak Park Heights residents and may be adjusted from time to time to comply with all adjustments on sewer rates otherwise charged Oak Park Heights Residents. In the event of any delinquency occurring of the payment of a sewer bill, from any properties served by the sanitary sewer laterals on Hillcrest Street and 3rd Avenue South, the City of Stillwater upon notice of receipt of delinquency from the City of Oak Park Heights shall by or before September 15th of each year, certify for collection to Washington County with the County taxes, for the following year in the manner provided by statute. Upon remission of such payments to the City of Stillwater, by Washington County, the same shall then be promptly refunded and paid to the City of Oak Park Heights. 7. Amendments and Modifications. This agreement can only be amended or modified by writing signed by the parties hereto. 8. cooperation. The City of Stillwater and the City of Oak Park Heights shall cooperate in the enforcement and implementation 06/21/94 14:40 ECKBERG LAW FIRM 4 4390456 NO.59? P00? of this agreement. To the extent that any additional agreements, notices, resolutions or other commitments are required to be issued by either community to the Metropolitan Waste Control. Commission, the County of Washington or any other regulatory agency affecting matters raised within this agreement, both communities shall cooperate to issue such documents as may be requested of either such agency in a prompt manner. 9. Non Delegation. This agreement is made by and between the parties hereto and neither shall delegate any duty or responsibility it has hereunder without the express written consent of the other community. IN WITNESS WHEREOF the parties have set forth their hands and seals this day first written above. City of Stillwater Charles Hooley, Mayor Mary Lou Johnson, City Clergy,, LaVonne Wilson, City Clerk 6 City of Oak Park Heights Barbara H. O'Neal, Mayor JUN -16 -94 THU 7:30 June 16, 1994 Attn: Tim Moore Dear Tim: Sincerely, Short Elliott Hendrickson, Inc. 3535 Vadnais Center Drive 200 SEH Ccnter St. Paul, MN 55110 Charlie Babich Project Manager TOWER ASPHALT, NC. P. 0. Box 15001 LAKELAND, MN 55043 OFFICE: (612) 436 -8444 FAX: (612) 436-6515 MATMMAL AV ,ALT MY[Y[QTAS3OCIATIOM1 Re: West Wing Junior High Parking Lot Stillwater, MN Due to weather delays affecting the construction of the retaining wall on the project, I hereby request a completion date extension of seven days. This would push the final completion date to July 8, 1994. Please call me with any questions regarding this matter. ilk 0 i P.01 A, 8141111111 TO: Mayor and City Council FROM: Diane DebIon, Finance Director RE: TIF Assistance Request for Zimmerman Project DATE: May 12, 1994 Resubmitted June 17, 1994 Background Dick Zimmerman has requested TIF assistance for a proposed commercial center. Mr Zimmerman owns the land, with one parcel being in TIF District #3 and the other parcel outside of the TIF district. Analysis Steve and I met with Mr Zimmerman and the County Assessor to discuss the proposed project and to get an estimate of the market value of the portion of the project located in TIF District #3. Conclusion The assessor's office has reviewed the project and projected estimates for each parcel of land and the building on each parcel. Based on the assessor's estimate of market value for the TIF parcel, I have calculated an estimated amount of approximately $15,750 per year of tax increment that would be generated from this project. MEMORANDUM At the May 17, 1994 City Council meeting, the City Council approved TIF assistance to Mr. Zimmerman for his project. The assistance approved was either 100% for 7 1/2 years or 50% for 15 years, based on the recommendation by the Finance Director. It is may recommendation that the best interest of the City would be served with an assistance level of 50% over 15 years. TO: Mayor and City Council FROM: Klayton Eckles, City Engineer RE: Follow -up on Roettger Property Issue DATE: June 16, 1994 D MEMORANDUM At the June 7th council meeting, Mr. Roettger was before the Council to request that the City meet with him and his attorney to discuss the development of the Wert property. Mr. Roettger desires to develop the Wert property, and in order to carry out his plan, he wishes to fill in the wetland located along County Road 5. In previous discussions, Mr. Roettger has been informed that any action associated with this wetland would be subject to Minnesota statutes regarding wetland protection. In response to the request to meet with the City Attorney and City staff, staff recommends that Council take no action until the developer submits a plan which would allow staff to review their proposal and determine whether it meets Minnesota statutes regarding wetlands. It is impossible to discuss the request to fill the wetland without first seeing a plan. I have attached a letter from Mr. Roettger dated April 13. Staff has already verbally responded to the letter. Also see the SEH memo attached to the Highlands memo for more information on this issue. April 13 1994 Attn: Steve Russel 216 N. 4th street Stillwater MN. 55082 Re: Wert Property Dear Mr. Russel R R CONSTRUCTION, INCORPORATED 2930 Itasca Avenue South Lakeland, Minnesota 55043 436 -6791 On March 31, 1994 John Roettger and myself met with Barry Stack and Lyle Eckburg regarding the Wert property. We have a purchase agreement with the Wert's for the property along county road 5. During our meeting, several options were explained to us as to how to proceed with getting the water holding pond located at the west side of the property removed. As there are no easments on the property, there should not be an 18" storm sewer eroding the soil across the Wert property. Our first choice was to meet with the City of Stillwater, School District 834, and Washington County. This is a follow up of the meetings held on April 4th; the purpose of these meetings was to discuss possible solutions to the existing problem of improper water drainage. Possible solutions: 1) We could grant an easment through the property to have the school district pipe the 18" storm sewer directly to Co road 5 Questions regarding this solution: Has SEH allowed for this in their design? Is the city willing to share in the additional expense to the school district since they approved the drawings? Should the city school and county put their heads together and mitigate this pond issue? Could the county save taxpayer dollars by utilizing this area as a fill site during their upcoming County Road 5 improvements? 2) The shaping of the land around the cottages also contributes to the size of the pond since water runs downhill. There were no easments granted for this developer to run water across the Howe property to the Wert property, but it is currently being used in that manner. An agreement could be reached regarding the future use of this area as water drainage. Questions regarding this solution: Who approved the elevations on the drawings for the development of the Cottages? Who decided to make this a public holding facility? Would the parties involved by willing to pay rent to continue utilizing this property for water drainage? Would it be possible to negotiate a lease arrangement? Would the parties involved be interested in purchasing the 1.6 acres that currently contain the holding pond? After studying aerial photographs dating back as far as 1938, we have found that there is substantially more water present in 1994 than in the past 30 years. Much of the water runoff that currently takes place in this area at one time soaked into the ground on top of the hill. The building and parking lot existing at the top of the hill have created a marked increase in the amount of water runoff. We feel that this property should include 5.4 acres of usable land. Since the unapproved holding pond located on this property substantially decreases the amount of useable land; we also feel that corrective action should be taken by the parties involved. We would like a written response from the school district, the city, and the county to settle these issues as soon as possible. Please respond to this letter within 10 day's. Your prompt response is appreciated. Thank you for your time. Sincerely, Jay Roettger MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer v RE: Update on Drainage and Grading Issues in the Highlands of Stillwater Additions and Information on the 6th Addition DATE: June 16, 1994 nMSCUSSIfN At the June 7th meeting, Council considered approval of the Sixth Addition of Highlands of Stillwater and tabled the issue due to concerns by residents that live in the existing Highlands developments. These residents had numerous complaints concerning the drainage and grading of their lots. On Wednesday, June 8th, City staff met with the developer, Steve Fitterman, and the three primary builders in the Highlands area. All of the known significant drainage issues that have come up in the past several months were discussed at this meeting. The problems perceived by the homeowners in the Highlands area can be categorized into four types: Issues related to problems in the overall grading plan of the development. Issues related to improper or incomplete grading by individual home builders. Grading issues related to changes in the grading plan on the part of individual homeowners. Misunderstandings or misconceptions about drainage issues held by homeowners in the area. Mr. Fitterman and the builders were very responsive to the first two areas of concern during the meeting. I am hopeful that the large majority of the problems in the area will be resolved within the next two to three weeks as a result of the meetings. The third area of problems involves property owners that have altered their property to either their detriment or to their neighbors detriment after the builder has completed the final lot grading. Installation of fences, play structures, and landscaping plantings all fall into this category. There is little that the City, the builders, or the developer can do in these instances, however, the City staff will continue to work with the property owners that have problems relating to this category. The last type of issue relates to homeowners expectations and misconceptions about drainage and grading. This issue can best be resolved by educating the property owners as to the nature and purpose of drainage swales, easements, and the like. The attached letter from Dick Moore discusses the purpose, reasoning, and desirability behind use of drainage swales for handling storm water. As his letter shows, drainage swales are a necessary part of any drainage system. In the case of the Highlands development, there are a large number of lots which are relatively small in size compared to the size of the structures in the area. This fact, coupled with the flat terrain throughout the development, creates a situation in which many of the swales will have a fair amount of water flowing in them during and immediately after a storm event. Many residents perceive this as improper design. This is not the case. Similar situations exist throughout Stillwater and indeed throughout the country. Given the relatively small size of the lots, in some cases the swale takes up a disproportionate area of the lot. This is simply the nature of the development. Mr. Fitterman has requested that the City allow SEH to begin preparation of the feasibility report and plans and specs. at his expense in order to expedite the 6th Addition project. Mr. Fitterman and builders in the area are showing good progress towards fixing many of these problems either by regrading, changing the storm sewer configuration, or altering the configuration of the swale. Honoring Mr. Fitterman's request in cooperating on the 6th Addition will keep the project moving, hopefully avoiding a project that would carry on through the winter. I suggest Council may wish to cooperate with Mr. Fitterman on the 6th Addition. The Council will still have the ability to withhold approval of the plat, plans and specs, and award of the contract. 1 SEN 1 June 14, 1994 Mr. Klayton Eckles, P.E. City Engineer City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Eckles: We are writing this letter to provide you with some additional background for the drainage concerns that were expressed at the Council meeting on June 7. There were two concerns regarding the vacant property between the Lily Lake Elementary School and County Road 5 and the drainage from Lily Lake Elementary School onto the Highlands 3rd Addition. Both drainage issues question the drainage from Lily lake Elementary School. I would like to begin with the vacant property between the Lily Lake Elementary School and County Road 5. There is a storm sewer outlet from a single catch basin in the existing parking lot which discharges onto school property south of the building. That is, near the southwest corner of the existing building. When this school was constructed, this was all Stillwater Township property and did not fall under the City of Stillwater zoning and ordinances. The outlet for the catch basin at the southwest corner of the school building is on school property. In fact, this outlet actually discharges to the south. The natural drainage for the area flows both southerly and westerly. Therefore, some water may overtop the ridge and flow down onto the property in question. However, we do not feel that this is a direct discharge and causing erosion problems on vacant property. This has been the natural drainage of the area and was not altered at all by the construction of the Lily Lake Elementary School. In addition, the Cottages of Stillwater which are southerly of the subject vacant property were designed to drain to the south. There is a slope adjacent to the property line from the top of the Cottages development that slopes towards the vacant property. However, there is no direct discharge from the development. The amount of water contributing from this slope area is very minimal. The undersigned, together with City staff, has had previous meetings with the perspective developer for the vacant property between County Road 5 and the Lily Lake Elementary School. The issue of the ponding area on their site has been raised numerous times. As a part of the County Road 5 plans, an overflow pipe was to be constructed flowing south into the City system. However, when the County requested an easement from the property owner, such that the pipe could be constructed for an overflow of this pond, the property owner refused. Therefore, the County decided not to construct this portion of the storm sewer. This would have SHORT ELLIOTT HENDRICKSON INC. 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL. AfN 55110 612 490- 2000 800 325 -2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION MINNEAPOLIS, MN ST CLOUD, MN RE: Stillwater, Minnesota Drainage Concerns SEH No. A- STILL9408.01 �s CHIPPEWA FALLS. WI MADISON, WI Mr. Klayton Eckles June 14, 1994 Page 2 provided a control for the pond level such that it could become an enhancement for any proposed development on the site. The second concern was expressed by residents living along Benson Boulevard West and the northernmost segment of Highland Road. Their concerns were for discharge from the Lily Lake Elementary School into a ditch or swale area which was constructed as part of the development on the back lot lines. This swale and /or ditch discharges into a detention area which was constructed by the developer in 1992 in the Highlands 2nd Addition. This detention area is westerly of Benson Boulevard West. The discharge for this detention area was constructed through the Cottages development into a detention area on the east side of County Road 5. This small detention area on the east side of County Road 5 discharges into the larger detention basin on the west side of County Road 5 in the Croixwood area. A discharge was constructed a number of years ago for this larger detention basin on the west side of County Road 5 southerly along County Road 5 to a ditch which eventually flows to Long Lake. It is prudent engineering to use detention basins as much as possible to enhance water quality. It is now a requirement of watershed districts that a new development must contain the excess runoff, therefore, making detention areas an absolute requirement. The detention of increased runoff is basically the difference between the runoff in the natural state and the runoff after the full development is complete. By requiring that the difference in runoff is detained, it lessens the chance of overloading downstream storm sewer systems and /or causing periodic flooding. Detention areas can also enhance water quality because the design parameters require that designs provide for detention time within the basin area between inflow and discharge at velocities calculated to suspend colloidal particles thereby providing water cleansing. In addition to the above quality enhancements, it is more economical to construct periodic detention basins such that the downstream pipe size can be reduced. The concern that citizens expressed for the ditch or swale area constructed on the back lot lines was that there is a large amount of water coming from the Lily Lake Elementary School which is keeping their lawns saturated after a storm and so forth. In addition to the catch basin discharge referenced in the previous paragraph which is located at the southwest corner of the school building, there is also an 18 inch PVC storm sewer discharging near the southeast corner of the school building. This existing storm sewer drains the remainder of the Lily Lake Elementary School site. This pipe is 18 inches in diameter and constructed at an approximately 0.20% grade. The discharge from this pipe is 5.2 cubic feet per second (cfs) and the velocity is 2.9 feet per second (fps). Typical storm sewer design requires a minimum of 2 fps for a self cleaning velocity on a pipe flowing full. The 5.2 cfs discharge is also for a pipe flowing full. There are many storms when this pipe will not flow full. When the swale area on the backyards of the Highlands 2nd and 3rd Additions was designed, the discharge from the Lily Lake Elementary School was included as part of the design criteria. The velocity and volume of the water coming from this 18 inch pipe is not extreme. The design of swale areas or open ditches for storm water conveyance is good engineering practice. Any grassy area provides additional water treatment for storm water to remove silt Mr. Klayton Eckles June 14, 1994 Page 3 sediment and other impurities in the discharge water. In addition, there are economic reasons for designing open ditches and swale areas. It is cheaper to construct a ditch or a swale than it is to construct storm sewer pipe. Maintenance of swale areas is much easier and less costly than maintaining a storm sewer system with pipe and structures. It is common engineering practice and FHA requirements to have drainage easements and /or swales on side lot lines as well as back lot lines. The Highlands additions that have been constructed were constructed on the original Benson farm. This was an area that was tilled and even at one time included a race track. Since the area was tilled, it obviously is quite flat and does not have much relief except on the west edge of the Highland 2nd Addition where the detention area was graded. This was always a natural detention area for the Benson farm property and was just enlarged and sloped to meet the requirements for a detention area from the runoff of all the Highlands Additions. Since it was farmland and relatively flat, the swales on the drainage areas between lots and back lot lines will be relatively flat such that the velocities of water in these swale areas is quite low. This provides for better sedimentation along the discharge route. Because of the slow velocities in the swale areas, the yards may retain moisture for a day or two after a rain event. These lawn areas will probably be green throughout the summer and require less watering than the rest of the lawn areas. All of the grading and storm water facilities for the Highland development were designed under the latest engineering practices. We feel that the design meets the criteria for good engineering design and it also meets the requirement of FHA "neighborhood" plans. We hope this will provide you with additional background as you review the drainage concerns. We would be more than pleased to assist you with your review and we will be happy to answer any questions you may have at any time. Sincerely, Short Elliott Hendrickson Inc. Richard E. Moore, P.E. tlo c: Steve Russell, Community Development Director Nile Kriesel, City Coordinator Barry Peters, SEH l JUN -16 -94 THU 16:45 GROUND DEVELOPMENT 1550 UTICA AVE. SO. 485 MPLS., MN. 55416 612.546 -2625 STEVE RUSSELL CITY OF STILLWATER 216 NORHT FOURTH STREET STILLWATER, MN. 55082 GROUND CORPORATION Re: THE HIGHLANDS OF STILLWATER 6TH ADDITION Dear Steve, FAX NO. 545+7321 P. 02 June 15, 1994 I respectfully petition the City of Stillwater, at the June 21, 1994 City Council Meeting, to authorize S,E,H, to complete the Feasibility report and the Engineered Drawings for The Hinglands of Stillwater 6th Addition. I understand that this is a change in the normal procedure for the City so Ground Development, Inc. will agree to pay all costs related to this request should the 6th Addition not be completed in a timely manner. Thank you again for your attention to this matter. SCF:ais Steviterman President DATE: June 1, 1994 P1 SCU S TON Addition MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer RE: Petition for Improvement of the Highlands of Stillwater 6th al /9 �j Attached is a copy of a 100% of ownership petition for improvement of the Highlands of Stillwater 6th Addition. The developer, Steve Fiterman, is anxious to get the 6th Addition constructed this year. The next step of the process would be to complete a feasibility report. I recommend Council accept the attached petition and order staff to prepare the feasibility study of the Highlands of Stillwater 6th Addition. Stillwater, Minnesota }4-0,(C( Zo 19 94 FORM OF PETITION FOR LOCAL IMPROVEMENT (IF 100% OF OWNERSHIP PETITION) To the City Council of Stillwater, Minnesota: We, all owners of real property abutting on Benson Boulevard WEst Street, between (i.e. north, south, etc.) line of Driving Park Road Street and the line of Street hereby petition that such. street is improved by The City of Stillwater construction of street, sanitary sewer, storm sewer, watermain, etc, pursuant to Minnesota Statutes, Chapter 429. SIGNATURE OF OWNER Ground Development, Inc. Date: DESCRIPTION OF PROPERTY The Highlands of Stillwater 6th Addition Examined, checked and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. City Clerk I. STATEMENT OF AUTHORITY AND PUBLIC PURPOSE 1.1 AUTHORITY. The City has authority pursuant to the Minnesota Tax Increment Financing Act, found in 5469.174 to S469.179 of the Statues of Minnesota as amended, to finance certain eligible costs with tax increment revenues derived from tax increment finance districts established pursuant to the Minnesota City Development District Act, found in S169.124 through S169.134 of the Statutes of Minnesota as amended. 1.2 PUBLIC PURPOSE. The public purpose that is furthered by this Agreement is the improvement of the tax base and the tax revenue generation capacity of the City, the increased employment opportunities within the City, the realization of comprehensive planning goals contained in the Comprehensive Plan, and the revitalization of property to create an attractive and efficient area for housing, commercial development and other related uses. 1.3 "BUT FOR" AND OTHER SPECIAL FINDINGS. That part of the property owned by the Developer and proposed for development "the Redevelopment Area ")'is located within Tax Increment Financing District No. 3, established on December 12, 1985, and modified February 21, 1989, to adopt a project and a project area, a portion of which was intended for and was actually occupied by persons or families of low and moderate income as defined in Minnesota Statutes Chapter 462A, as amended and, any other similar present or future federal, state or municipal legislation. That the Redevelopment area was a part of the original project but has remained undeveloped since the adoption of the program and the Council finds that the fair market value of the improvements "Private Improvements which are proposed to be constructed for commercial uses and for CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made this 21st day of June, 1994, between the CITY OF STILLWATER "City a Home Rule Charter City of the Third Class, having its office at City Hall, 216 North Fourth Street, Stillwater, Minnesota, and RICHARD L. ZIMMERMAN and JANET ZIMMERMAN, husband and wife "Redeveloper 1008 Pine Tree Trail, Stillwater, Minnesota. uses other than low and moderate housing by the Redeveloper, does not consist of more than one -third of the fair market value of the total improvements authorized by the development plan for the project, and therefore, the development proposed by the Redeveloper qualifies for tax increment assistance even though part of a housing district adopted pursuant to Minnesota Statutes 5469.174, Subd. 11, and that because of extraordinary costs associated with site development, soil corrections, drainage improvements, landscaping costs and costs of installation of utilities, roads, sidewalks and parking facilities, the project would not occur without the Tax Increment assistance provided by this Agreement. II. DEFINITIONS 2.1 In this Agreement, the following definitions will be used: "Available Tax Increments" are those tax increments received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment Property. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit "C" attached and made a part of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents of the construction work to be performed by the Redeveloper on the redevelopment property. "Estimated Market Value" or "Estimated Market Valuation" means the market value of the real property as determined by the County Assessor of the County of Washington. "Private Improvements" means the improvements described in this Agreement and set forth in the plans that have been reviewed, approved and are on file in City offices. "Project Area" means the real estate described in Tax Increment Financing District No. 3. "Redevelopment Area" means the real estate described in the attached Exhibit "A TAX INCREMENT PAYMENTS 3.1 The City agrees to pay to the Redeveloper a sum not to exceed $118,125.00 to be paid in fifteen (15) ual installments of $7,875.00, each payable on the first day of ch Ast and Feuer mmencing on Au��ist 1, 1� and ending on Fetal ry 1, 2004, (the "Scheduled Payment Dates the amounts payable on the Scheduled Payment Dates being the scheduled payment. The 2 City shall have no obligation to make any schedule payment unless the Redeveloper has received or is entitled to receive by August 1, 1995, a certificate of completion. 3.2 Each payment shall be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper at 1008 Pine Tree Trail, Stillwater, Minnesota 55082. The Redeveloper may designate different addresses to which the payment shall be sent. 3.3 The scheduled payments due on any Scheduled Payment Date is payable solely from and only to the extent that the City shall have received, as of the Scheduled Payment Date, available tax increments. 3.4 The City shall pay on each Scheduled Payment Date the lesser of the available tax increments or the total scheduled payments due on that date. 3.5 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 except the available tax increment. 3.6 The Redeveloper shall never have or be deemed to have the right to compel any exercise of any taxing power of the City and neither any Council member, officer, employee or agent of the City shall be personally liable for the payment of any funds. IV. REDEVELOPER ACTION 4.1 The Redeveloper shall construct or shall cause to be constructed on the Redevelopment Property a retail center as described by the Redeveloper and approved by the City in proceeding PUD /94 -4 on April 5, 1994. 4.2 That the value of the vacant real estate before construction of the Redeveloper's project according to the 1994 Washington County Assessment is $79,300. 4.3 The estimated market value of the Redeveloper's completed project according to the Washington County Assessor is estimated to be $384,000, representing a land value of $134,900 and a building value of $248,100. 3 V. ELIGIBLE COSTS 5.1 The Redeveloper has provided to the City assurances satisfactory to the City that the tax increment funds being paid to the Redeveloper are for the reimbursement of costs incurred by the Redeveloper that are legally permissible and qualifying costs and are eligible for reimbursement by the City pursuant to the Minnesota Tax Increment Financing Act. 5.2 The Redeveloper's statement of eligible costs dated June 1993, is attached as Exhibit "D VI. NOT FOR SPECULATION 6.1 The Redeveloper promises to the City that this project is not being built for speculation. VII. CONDITIONS PRECEDENT TO CITY RESPONSIBILITY 7.1 The responsibility to provide the tax increment financing assistance set forth in this Agreement is contingent upon the happening of the following events: A. Approval of the Redeveloper's constructions plans by the Stillwater Building Official, the Stillwater Community Development Director and, if required, pursuant to Stillwater Ordinances, the approval of the development plans by the Planning Commission or the City Council. B. The granting by the city to the Redeveloper a certificate of completion of the project without any substantial deviation from the plans on file with the City. VIII. 8.1 Execution by the Redeveloper of an Assessment Agreement substantially in the form of assessment agreement contained in Exhibit "B Ix. GENERAL PROVISIONS 9.1 SUBORDINATION. The City agrees to subordinate its rights under this 4 ti Agreement to the holder of any first mortgage on the property. 9.2 NOTICES SHALL BE GIVEN BY U.S. MAIL OR PERSONALLY DELIVERED. In the case of the Redeveloper, to be addressed to or delivered personally at 1008 Pine Tree Trial, Stillwater, Minnesota, and in the case of the City, addressed to or delivered personally to the City Coordinator of the City, City Hall, 216 North Fourth Street, Stillwater, Minnesota. Each party may, by notice to the other, designate different addresses. B. EVENTS OF DEFAULT 10.1 The following shall be events of default: A. Failure by the Redeveloper to pay, when due, any real estate taxes and special assessments duly levied by the appropriate taxing jurisdictions in an amount based upon the market value of at least the amounts set forth in the Assessment Agreement. B. Failure by the Redeveloper to complete construction of the improvements pursuant to the terms and conditions of this Agreement. C. Failure to satisfy any condition precedent set forth in Article VII. of this Agreement. %I. REMEDIES ON DEFAULT 11. 1 When an event of default occurs, the City may take one or more of the following actions: A. Suspend its performance under this Agreement until it receives assurances from the Redeveloper that it will cure the default and continue its performance under the Agreement. B. Withhold the Certificate of Completion. C. Withhold any scheduled tax increment payments. D. Terminate this Agreement thereby rendering void any covenants, promises or approvals contained in this Agreement, including the payment of future installments of tax increments. E. Take whatever action, including legal, equitable or 5 administrative necessary to protect the City, including the right of the City to collect any unpaid public costs associated with the project by certifying the total of the costs in the year in which they are due to the County Auditor for collection with the real estate taxes. XII. EXPIRATION DATE 12.1 This Agreement shall expire upon an event of default as defined in this Agreement, or if all conditions precedent to City's responsibility pursuant to this Agreement have not been substantially completed within two (2) years from the effective date of this Agreement, or upon the final payment to the Redeveloper of the scheduled tax increment payments, whichever occurs first. XIII. EFFECTIVE DATE 13.1 This Agreement shall be effective June 21, 1993. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal. The Redeveloper has executed this Agreement the day and year first above written. 6 CITY OF STILLWATER Charles M. Hooley, its Mayor Morli Weldon, its City Clerk REDEVELOPER Richard L. Zimmerman Janet Zimmerman STATE OF MINNESOTA ss. 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 duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. STATE OF MINNESOTA ss. COUNT OF WASHINGTON) This instrument was drafted by: David T. Magnuson #66400 MAGNUSON LAW FIRM The Grand Garage Gallery 324 South Main Street, Suite 260 P.O. Box 438 Stillwater, MN 55082 (612) 439 -9464 Notary Public On this day of 1994, before me, a Notary Public within and for said County, appeared Richard L. Zimmerman and Janet Zimmerman, husband and wife, to me personally known who, being duly sworn, did say that he is the individual named in the foregoing instrument and that this instrument was signed as his free act and deed. Notary Public EXHIBIT "A" DESCRIPTION OF PROPERTY Outlot A, Orleans Addition, according to the plat on file and of record in the Office of the Register of Titles, Washington County, Minnesota, also known as PID 110650 -2000. EXHIBIT "B" ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND RICHARD L. ZIMMERMAN AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON Drafted by: David T. Magnuson, #66400 MAGNUSON LAW FIRM The Grand Garage Gallery 324 South Main Street, Suite 260 P.O. Box 438 Stillwater, MN 55082 (612) 439 -9464 ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the 21st day of June, 1994, between The City of Stillwater, Minnesota, a municipal corporation (the "City Richard L. Zimmerman, (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 retail center building 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. That the market value of the vacant real estate before any improvements according to the 1994 assessment is $79,300.00. 2. 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 $384,000.00. The parties to this Agreement expect that the construction of the Minimum Improvements will be completed on or before December 31, 1995, but that substantial completion for purposes of assessment will be completed by August 31, 1995. 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. STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) THE CITY OF STILLWATER, MINNESOTA By: Charles M. Hooley, Its Mayor BY: BY: BY: Notary Public Notary Public Morli Weldon, Its Clerk REDEVELOPER Richard L. Zimmerman Janet Zimmerman STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) On this day of 1994 before me, a Notary Public within and for said County, personally appeared Charles M. Hooley 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. On this day of 1994, a Notary Public within and for said County, personally appeared Richard L. Zimmerman and Janet Zimmerman, Husband and Wife, to me personally known, who, being duly sworn,did say that he is the Redeveloper, that said instrument was signed on behalf of said Redeveloper and Richard L. Zimmerman and Janet Zimmerman acknowledged said instrument to be the free act and deed of the Redeveloper. STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) 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 $384,000.00 until termination of this Agreement. County Assessor, Washington County The foregoing instrument was acknowledged before me this day of 1994, by County Assessor of the County of Washington. Notary Public STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) EXHIBIT "C" CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City entered into a certain Contract for Private Redevelopment with Richard L. Zimmerman (the "Redeveloper dated as June 21, 1994, (the "Agreement)) and recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Washington and State of Minnesota, as Document Number which provided for the development of the following land described in Schedule "A" in the County of Washington and the State of Minnesota, to -wit (such tract or parcel of land hereinafter referred to as the "Property NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redeveloper have been completed. Dated this day of 1995. THE CITY OF STILLWATER By: By: Charles M. Hooley, Its Mayor Morli Weldon, Its Clerk On this day of ,1994, before me, a Notary Public within and for said County, personally appeared Charles M. Hooley 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 the instrument was signed on behalf of Stillwater, that the instrument was signed on behalf of the City by authority of its Council; and the Mayor and City Clerk acknowledged the instrument to be the free act and deed of the City. Notary Public SCHEDULE "A" DESCRIPTION OF PROPERTY Outlot A, Orleans Addition, according to the plat on file and of record in the Office of the Register of Titles, Washington County, Minnesota, also known as PID #10650 -2000. SCHEDULE "B" Section 469.177, Subd. 8. Assessment agreements. An authority may, upon entering into a development or redevelopment agreement pursuant to section 469.176, subdivision 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, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of 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 filed 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 4.6 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. 37 MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: Fireworks Contract (Banner Fireworks Display Company) DATE: June 17, 1994 Accompanying this memo is the agreement the City is being asked to sign in order to have Banner Fireworks Display Co. put on the 4th of July fireworks display. As you know CUB Foods has generously offered to pay for this year's display. They are trying to fund and organize a display that will be similar to last year's sesquicentennial display "event". The cost and alternate dates have been left blank because we (CUB and Banner) are still working on these items. Hopefully I will have these items for you at the meeting Tuesday. FIREWORKS DISPLAY CONTRACT BANNER FIREWORKS DISPLAY CO. THIS CONTRACT, entered this day of 19 94 by and between Banner Fireworks Display Company, 9640 271st Avenue, Zimmerman, Minnesota 55398 (hereinafter "Banner") and City of Stillwater. 1. Banner, for and in consideration of the sum of to be paid as hereinafter set forth, agrees to furnish to Customer one (1) Fireworks Display Program to be given on July 4, 19 94 beginning at dark (approximately 10:00 P.M.). The parties agree that should inclement weather prevent the display program on the day specified above, the display will be given on beginning at dark (approximately 10:00 P.M.). 2. Banner agrees to provide, at Banner's expense, all personnel and equipment needed to prepare, fire and cleanup said display. Banner shall be fully in- charge of and responsible for the preparation, firing, inspection of the fallout area and disposal of any unfired fireworks for the said display. Customer agrees to fumish, at its cost, to Banner, sufficient space for the safe and proper presentation of the fireworks and necessary police protection. Banner agrees to complete its inspection of the fallout area by 10:00 A. M. the day after said display is given. 3. In the event Customer cancels the program entirely, for any reasons, Customer agrees to pay Banner 5 percent of this Contract, and Banner shall retain ownership of all fireworks. Notice of such cancellation shall be given to Banner at least 48 hours before the program is scheduled. 4. Upon execution of this Contract, Customer shall make a payment of 5. Banner agrees to provide, at its expense, Public Liability and Property Damage Insurance in the amount of $300,000 in favor of the City of Stillwater. A Certificate evidencing liability insurance must be provided to the Customer with the above named as additional insured, and shall not exclude clean -up of the Fireworks Display. 6. Banner agrees to obtain the required permits for the said fireworks display. The Customer agrees to reimburse Banner for the cost to obtain such permits. The Customer further agrees to obtain required permits for the display firing site. 7. Banner agrees to fully comply with all applicable National Fire Protection Association (NFPA) codes and standards in effect at the time of the display and to comply with all provisions of the Uniform Fire Code. Banner agrees that it shall be solely responsible for the immediate and safe disposal of any fireworks that remain unfired after the display is concluded. 8. The parties agree that this Contract shall not be construed as intending to effect a partnership, nor a joint venture. Each party agrees that it shall be responsible for its separate and individual debts. Both parties acknowledge that there are no agreements, except as are contained herein. Any amendments to this Contract shall be in writing and executed by the parties in the same manner at this Contract. By: Its: 9. In the event Customer fails to pay any amounts due under this Contract, the costs of collection, including reasonable attomey's fee, shall be paid by the Customer. 10. This Contract shall be interpreted under the Laws of the State of Minnesota and any disputes arising out of this Contract shall be resolved by arbitration through and in accordance with the rules of the American Arbitration Association. 11. The parties mutually and severally guarantee the terms, conditions, and payments of this Contract which shall be binding upon the parties heirs, executors, administrators, successors and assigns. 12. Other provisions: City will provide two (21 truck loads of sand to be on site evening of July 3. 1994_ IN WITNESS WHEREOF, Banner and Customer, by and through their authorized agents, have executed this Agreement of the date first shown above. BANNER FIREWORKS DISPLAY CO. CUSTOMER Customer Print or Type Name Title Organization DATE: June 17, 1994 MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: Amendment to Cit.(Code to Require As Built Surveys and Escrow Deposits City staff are in the process of developing an ordinance which would require the submittal of as -built surveys and escrow deposits on developed land to ensure that final (landscaped and sodded) grades are consistent with approved subdivisions. Some of the problems we have had with the Highlands development may have been prevented if these requirements had been in place (although as Klayton explained in another memo to the Council, the problems in the Highlands development are not extreme and should be resolved shortly) Staff is recommending the first reading of the ordinance and this is on the agenda for the meeting Tuesday. June 15, 1994 B. Watermains SHORT ELLIOTT HENDRICKSON INC. Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490 -2000 800 325 -2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION Dear Mayor and Council Members: The City has received a petition for the construction of City improvements to serve the Myrtlewood Plat located north of C.S.A.H 12 (Myrtle Street) in central Stillwater. The petition was presented by the owner of the property requesting improvements to serve the proposed 9 lot development. The project will not require assessment against adjacent properties, so a Public Hearing will not be required. The City Council, at the May 3, 1994 Council meeting, authorized the preparation of a feasibility report. Drawing Number 1 shows the Project Location. Improvements petitioned for include the extension of existing sanitary sewer, watermain, storm sewers and streets. Services to serve the adjacent lots will also be required. PROPOSED IMPROVEMENTS A. Sanitary Sewer The sanitary sewer extensions will consist of the connection to an existing manhole located at Myrtle Street and Birchwood Street. An 8" main will be extended at minimum grade to the west, along the Myrtle Street ditch to the proposed plat. The 8" main will then be extended northerly into the plat to serve the adjacent lots. Four inch services will be constructed to each lot. Drawing No. 2 shows the sanitary sewer improvements. The watermain improvements will consist of connecting to the existing main located at Myrtle Street and Birchwood Street and extending a 6" watermain along the north ditch, maintaining a minimum of 7.5 feet of cover. The main will then be extended northerly into the proposed plat, dead ending in the cul -de -sac. Hydrants will be placed throughout the project to provide for fire protection and for maintenance. MINNEAPOLIS, MN ST CLOUD, MN RE: Stillwater, Minnesota Myrtlewood Utilities and Streets SEH File No. HUELS9401 ,eta- 30 tf CHIPPEWA FALLS, WI MADISON, WI ti C. Streets D. Drainage ESTIMATED COSTS COST RECOVERY Honorable Mayor and City Council June 7, 1994 Page 2 One inch water services will be extended to each lot. Drawing No. 2 shows the watermain improvements. Street construction will consist of the typical City standards, a 32 foot width and mountable concrete curb and gutters, terminating in a 46 foot radius cul -de -sac to facilitate turning of emergency vehicles. Street grades drain the runoff from the road, south to Myrtle Street, emptying into the existing ditch. Drawing No. 3 shows the street improvements. Storm sewer construction will be minimal for the proposed plat. Grades are set to surface drain approximately half of the lots to the street, which will drain southerly toward the Myrtle Street ditch. Backyard runoff on the westerly lots is toward the existing pond. The easterly lots drain to a low area created in the back yards between the proposed plat and the existing plat to the east. The ponding areas are sized to handle the excess runoff created from the new impervious surfaces (roofs and driveways), restricting runoff to pre- development conditions. A storm sewer pipe will be extended south from the retention pond along the east side of the plat to the Myrtle Street ditch. Drawing No. 3 shows the drainage facilities and storm sewer improvements. The total estimated project cost for the Myrtlewood Plat improvements is $144,370. These costs are broken down as follows: 1) Street and Drainage $88,672 3) Sanitary Sewer 28,883 4) Watermain 26,185 Total $144,370 The total project costs include 35% for contingencies, engineering, fiscal, administration and legal costs. Attached is a copy of the engineers estimate. Project costs are recovered through special assessments levied against the lots within the plat. The estimated per lot assessment for the Myrtlewood plat based on the estimated $144,370 project costs and the 9 lots is $16,041.11. Attached is a copy of the Mock Assessment roll for the proposed improvements. Honorable Mayor and City Council June 7, 1994 Page 3 PROJECT SCHEDULE The project does not affect properties outside of the Myrtlewood plat. A Public Hearing will not be required. The following is the estimated schedule: bcp- Attachments Council accepts report and orders preparation of plans and specifications Approve plans and specifications and authorize advertisement for bids June 21, 1994 July 19, 1994 Advertise in local paper and Construction Bulletin July 22 29,1994 Receive bids August 1, 1994 Council awards contract August 2, 1994 Begin construction August 15, 1994 Complete construction October 15, 1994 Assessment Hearing October, 1994 CONCLUSION AND RECOMMENDATIONS The project is feasible and should be constructed as described above. Sincerely, Barry C. Peters, P.E. Honorable Mayor and City Council City of Stillwater February 26,1993 Page No. 4 I hereby certify that this Report was prepared by me our under my direct supervision and that I an a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: REG.NO. 14148 r REVIEWED BY: ,4-0 -4! DATE: 1 ES- STILLWATER, MINNESOTA RICHARD HUELSMANN MYRTLEWOOD ENGINEERS ESTIMATE SEH FILE NO. HUELS9401 SANITARY SEWER EST. UNIT ITEM UNIT QUANT. PRICE TOTAL STREETS AND DRAINAGE 1 MOBILIZATION LS 1 3,500.00 3,500.00 2 SITE GRADING C.Y. 11000 2.25 24,750.00 3 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 940 7.00 6,580.00 4 TYPE 41 WEARING COURSE TON 250 20.00 5,000.00 5 TYPE 31 BINDER COURSE TON 250 22.00 5,500.00 6 BIT. MATERIAL FOR TACK GAL 102 1.65 168.30 7 D418 CONC. CURB GUTTER L.F. 1060 5.00 5,300.00 8 SEEDING AC. 3 1,200.00 3,600.00 9 SODDING, TYPE EROSION CONTROL S.Y. 350 2.00 700.00 10 SILT FENCE, HEAVY DUTY L.F. 1200 3.00 3,600.00 11 BALE CHECKS EACH 20 8.00 160.00 12 12" RCP STORM SEWER L.F. 250 16.00 4,000.00 13 12" RCP APRON EACH 2 400.00 800.00 14 RIP RAP C.Y. 45 45.00 2,025.00 EST. STREET AND DRAINAGE CONSTRUCTION $65,683.30 35% ENG. ADMIN., LEGAL 22,989.16 EST. STREET AND DRAINAGE PROJECT COST EST. SANITARY SEWER CONSTRUCTION 35% ENG. ADMIN., LEGAL EST. SANITARY SEWER PROJECT COST PAGE NO. 1 ENGINEERS ESTIMATE 06/07/94 $88,672.46 15 CONNECT TO EXISTING SAN. SEWER EA. 1 400.00 400.00 16 STANDARD MANHOLE EA. 5 950.00 4,750.00 17 8 "x4" PVC WYE EA. 9 35.00 315.00 18 8" PVC SAN. SEW. 0 -12 L.F. 965 12.00 11,580.00 19 EXTRA DEPTH MANHOLE L.F. 12 75.00 900.00 20 4" PVC SERVICE L.F. 375 6.00 2,250.00 21 COURSE FILTER AGGREGATE TON 200 6.00 1,200.00 $21,395.00 7,488.25 $28,883.25 STILLWATER, MINNESOTA RICHARD HUELSMANN MYRTLEWOOD ENGINEERS ESTIMATE SEH FILE NO. HUELS9401 WATERMAIN 22 WET TAP W /GATE VALVE EA. 1 1,500.00 1,500.00 23 6" GATE VALVE BOX EA. 1 350.00 350.00 24 1" CITY INSTALLED CORPORATION STOPS EA. 9 75.00 675.00 25 EXCAVATION FOR CITY INSTALLED CORPORATIO EA. 9 20.00 180.00 26 1" CURB STOP BOX EA. 9 60.00 540.00 27 HYDRANT EA. 2 1,100.00 2,200.00 28 6" DIP WATERMAIN L.F. 1010 12.00 12,120.00 29 1" COPPER L.F. 320 6.00 1,920.00 30 DIP FITTINGS LBS 210 1.80 378.00 EST. WATERMAIN CONSTRUCTION $19,863.00 35% ENG. ADMIN., LEGAL 6,952.05 EST. WATERMAIN PROJECT COST TOTAL PROJECT COST $144,370.76 PAGE NO. 2 ENGINEERS ESTIMATE 06/07/94 $26,815.05 MOCK ASSESSMENT ROLL MYRTLEWOOD STILLWATER, MINNESOTA SEH FILE NO. HUELS9401 ENGINEER'S ESTIMATE PAGE NO. 1 1 PARCEL NO. NO. OWNER ADDRESS CITY STATE ZIP LOTS RATE/LOT TOTAL 9029 -215 RICHARD HUELSMANN 12610 NORTH 62ND ST. STILLWATER MN. 55082 9 16,041.11 144,369.99 TOTAL $144,369. Trq C porf P c. JECT 07' 62ND ST. N. \NN Mc K u sic 0F,1 RI GE R O NRVE e E ORLE PINE S CR0 IXW00 gt YD. RE NS 51 1 Ley La e 66 36 [ILL IN 66; D 1 1 1 FILE NO HvEusg p \NG.N' 1— 1 I l POND STILLWATER, MINNESOTA LOT r SHED I B E REA OVED L 1 1JJr j1 LOT 6 7/ 1 r Z i I L •T 7 i� Nf h PCyl 0,r 0 C�r �O A s 5 L ON ARAGE HOU5_ CKUNDER1 STORY- WPM ON ED ne7 4_ 5 rrl 6 z PIO 0 P- 'l f i vi_ 10 -250 L.F. 12 "RC'R O 0.4% 11 12 a U 100 0 E0 200 50 SCALE 1 INCH 100 FEET ASEH MYRTLEWOOD SANITARY SEWER WATER FILE NO. HUELS9401 DATE 6/7/94 OF et t OVS POND LOT 6 p 'P0,0 Off. O 4' Fg. LOT Qv, STILLWATER, MINNESOTA `k /jS T )1 1/4PA C A 4� �F LC¢CK ON ARAGE HODS_ CKUNDERI STORY W/WA ENGIN£ERSI ARCHI7EC7SI PLANNERS 4_ 5 J rThi 6 O 0 m Z 4 8 250 L.F. 12 "R O 0.4% 11 C O C 12 41 0 4SEH MYRTLEWOOD 1 1 I 100 0 100. 200 SCALE 7 INCH 100 FEET STREET STORM SEWER RLE NO. HUMS9 DATE 6/7/94 MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: 1994 /95 Labor Agreement with Police, Local 320 DATE: June 17, 1994 Accompanying this memo is the 1994/95 labor agreement between the City and Police Local 320. I believe the agreement includes the changes previously agreed to by the City (and accepted by the Union) I would recommend approval of the agreement. e/c LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 January 1, 1994 through December 31, 1995 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT 1 II RECOGNITION 1 III DEFINITIONS 1 IV EMPLOYER SECURITY 2 V EMPLOYER AUTHORITY 2 Vi UNION SECURITY 2 VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 3 Vill SAVINGS CLAUSE 5 IX SENIORITY 6 X DISCIPLINE 6 XI CONSTITUTIONAL PROTECTION 7 XII OVERTIME 7 XIII COURT TIME 7 XIV CALL BACK TIME 7 XV WORKING OUT OF CLASSIFICATION 3 XVI SICK LEAVE 8 XVII SEVERANCE PAY 10 XVIII HOLIDAYS 11 XIX VACATIONS 11 XX UNIFORMS 11 XXI INSURANCE 12 XXI1 LONGEVITY /EDUCATIONAL INCENTIVE 12 XXIII UNION STEWARD 13 XXIV MILITARY LEAVE 14 XXV WAIVER 14 XXVI HOURS OF EMPLOYMENT 14 XXVII DURATION 14 APPENDIX A WAGE SCHEDULE 16 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1994 between the City of Stillwater, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: POLICE OFFICER POLICE SERGEANT JUVENILE OFFICER INVESTIGATOR 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public Law Enforcement Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Stillwater Police Department. 3.5 EMPLOYER: The City of Stillwater. 3.6 CHIEF: The Chief of the City of Stillwater Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including two rest breaks and a Lunch break. 3.10 REST BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179.65, Subdivision 2, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 setting forth the nature of the grievance, the facts on which iMI provisions of the AGREEMENT allegedly violated, the reme appealed to Step 2 within ten (10) calendar days after th Representative's final answer in Step 1. Any grievance not 2 by the UNION within ten (10) calendar days shalt be cot Step 2. If appealed, the written grievance shall be presented by the the EMPLOYER designated Step 2 Representative. T' Representative shalt give the UNION the EMPLOYER's Sri ten (10) calendar days after receipt of such Step 2 grievant in Step 2 may be appealed to Step 3 within ten (10) EMPLOYER designated Representative's final Step 2 appealed in writing to Step 3 by the UNION within ten considered waived. Stec 3. if appealed, the written grievance shall be presented by th the EMPLOYER- designated Step 3 Representative. Representative shall give the UNION the EMPLOYER' (10) calendar days after receipt of such Step 3 grievance Step 3 may be appealed to Step 4 within ten (10411) EMPLOYER- designated Representative's final answer appealed in writing to Step 4 by the UNION within tE considered waived. Step 4. A grievance unresolved in Step 3 and appealed to submitted to arbitration subject to the provisions of Relations Act of 1 971, as amended. The selection c accordance with the "Rules Governing the Arbitratior by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have not have the right to amend subtract from the terms and conditions of this AGI consider and decide only the specific issue(s) submits and the UNION and shalt have no authority to make so submitted. B. The arbitrator shall be without power to make decision or modifying or varying in any way the application o the force and effect of law. The arbitrator's decision. thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be Later, unless the parties agree to an extension. The decision shalt be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S fast answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7. CHOICE OF REMEDY If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. ARTICLE X provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such 6 questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will, for recordkeeping purposes under Article 12.2, be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen minutes. 12.6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 12.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the employee and the Police Chief. Carry over of compensatory time off shalt be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31st of each calendar year shall be paid off on that date. ARTICLE XIII COURT TIME An employee who is required to appear in court on their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 -1/2) times the employee's base pay rate. An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the two (2) hour minimum. ARTICLE XIV CALL BACK TIME An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one -half (1 -1/2) times the employee's base pay rate. An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification for one work period or more shall receive the salary schedule of the higher classification. ARTICLE XVI SICK LEAVE 16.1 EMPLOYEES HIRED PRIOR TO APRIL 24, 1989 a. All full -time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: 1. If term of employment has been six (6) months, but less than two (2) years, one (1) week at full pay. 2. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9) weeks. 3. If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. 4. If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. 5. If term of employment has been 15 to 20 years, full pay for twenty six (26) weeks, half pay for twenty-six (26) weeks. 6. If term of employment has been 20 to 25 years, full pay for thirty-nine (39) weeks, half pay for thirteen (13) weeks. 7. If term of employment has been 25 years or more, full pay for fifty -two (52) weeks. b. No disability benefits shall be paid for absence in excess of three (3) consecutive days without a doctor's certification as to sickness. c. Successive periods of sickness disability shall be counted together as one period in computing the period during which the employee shall be entitled to benefits, except that nay sickness occurring after an employee has been continually engaged in the performance of duty for one year shall be considered as a new sickness and not part of any disability which preceded such period of one year. d. Any employee who is receiving Worker's Compensation benefits because of job connected injury or sickness shall, if the employee assigns their check to the City of Stillwater, receive full wages for that period. Of, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the 0 difference between the Workers Compensation allowance and their regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation. e. For the purpose of this Article, sick leave shall accrue in accordance with the schedule in Section 16.1 on the January 1st immediately preceding the anniversary date of employment. 16.2 Sick leave will be suspended after benefits have been exhausted. However, an employee who has fulfilled all of the requirements for vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted any disabled employee may apply, in writing, for an authorized leave of absence which when added to the period for which benefits have been paid shall not exceed one year. Such application shall be accompanied by a physician's certificate to the effect that such disabled employee has not been able to retum to work. Upon retum to employment, the employee shall retain all accumulated service credit of time worked prior to the employee's disability but shall receive no service credit for the period of absence. 16.3 EMPLOYEES HIRED AFTER APRIL 24, 1989 1. All full -time employees hired after' April 24, 1989 shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shalt be as follows: a. If term of employment has been one year but less than two years, one week of full pay. b. If term of employment has been 2 to 5 years full pay 4 weeks; half pay 9 weeks. c. If term of employment has been 5 to 10 years full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 25 years full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more full pay 52 weeks. 2. No disability benefits shall be paid for absences in excess of three consecutive days 9 without a doctor's certificate as to sickness disability. 3. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employee shall eam sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be eamed during the time an employee is on sick leave. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. 4. Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall than be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation Insurance. 5. Sick leave shalt not be granted if the absence is due to an injury resulting from intoxication or from fighting. 6. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to retum to work. Upon retum to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. ARTICLE XVII SEVERANCE PAY One -half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. to the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shalt such death benefit 10 exceed sixty (60) days of full pay. ARTICLE XVIII HOLIDAYS 18.1 Employee shall be entitled to eleven (11) paid holidays per year. 18.2 Holiday pay shall be made the first pay day in the month of December of each year. 18.3 The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy -three (173) hours per month. 18.4 Any employee required to work on any of the following holidays shall be granted an additional one -half (1,2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday. New Year's Day July 4th Thanksgiving Day Memorial Day Labor Day Christmas Day 18.5 Immediately preceding the 1st anniversary date of employment the employee shalt be entitled to one additional floating holiday without holiday pay. ARTICLE XIX VACATION 19.1 Permanent employees shall be entitled to the following schedule: From 0 thru 12 months employment 5/6 day per month From 1 year thru 4 years employment 10 days per year After 4 years thru 10 years employment 15 days per year After 10 years thru 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days. 19.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment and must be taken within one (1) year except that after five (5) years employment, two (2) weeks of vacation may be carried over into the next year. There shall be a maximum of six (6) weeks vacation during any one (1) calendar year. 19.3 One continuous vacation period shall be selected on the basis of seniority until March 1st of each calendar year. ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment, including Juvenile Officer clothing. ARTICLE XXI INSURANCE 21.1 Effective January 1, 1994, the EMPLOYER will contribute up to Three Hundred and Thirty Dollars ($330) per month per employee toward group health and long -term disability insurance including dependent coverage. in the event the premium for dependent health insurance increases beyond the Three Hundred and Thirty Dollars ($330) per month during 1994 and 1995, the EMPLOYER shall contribute fifty percent (50%) of the increase. 21.2 Ten dollars ($10) of the maximum stated in 21.1 may be utilized to provide an employee dental insurance program for all unit employees if the UNION notifies the EMPLOYER that the unit employees desire such coverage. 21.3 The EMPLOYER will provide a $15,000 term life insurance policy for each employee. ARTICLE XXII LONGEVITY/EDUCATIONAL INCENTIVE 22.1 All full -time employees hired prior to April 24, 1989 shall be eligible to receive longevity /educational incentive pay according to the following schedules: A. LONGEVITY PAY 1) Employees shall choose to be paid supplementary pay based on education credits as outlined in Section 22.1 B of this Article or monthly longevity pay as follows: After 4 years of continuous employment After 8 years of continuous employment After 12 years of continuous employment After 16 years of continuous employment Patrol Officer 79.59 82.65 85.74 $132.65 $137.75 $142.90 $185.72 $192.85 $200.06 $238.78 $247.95 $257.22 2) These dollar amounts will be paid for longevity until such time as the dollar amount generated by the longevity pay program for other City employees equals or exceeds these amounts. At that time, the longevity pay program in effect for other City employees will be adopted for all employees. B. EDUCATIONAL INCENTIVE PAY 1) After twelve (12) months of continuous employment, each employee shall be eligible 12 Juvenile Off/ Investigator Sergeant to receive pay as follows: Education Credits stated in terms of College Quarter Credits 45 -89 90 -134 135 -179 180 or more 13 Pay Increments Years of Service One Two Three 63.67 71.63 79.59 106.12 119.39 132.65 148.57 167.14 185.72 191.02 214.89 238.78 Not all courses are to be eligible for credit. Courses receiving qualifying credits must be lob related. (Thus, a 4 year degree is not automatically 180 credits or a 2 year certificate is not automatically 90 credits.) Job related courses plus those formally required to enter such courses shalt be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C. E. U's (Continuing Education Units) in job related seminars, short courses, institutes, etc., shall also be counted. The EMPLOYER shalt determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case NO. 78- PN- 370-A. C. Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 22.2 For all employees hired after April 24, 1989, monthly longevity pay shall be established as follows, based on top patrol: a. $71.75 per month after 5 years through 10 years. b. $143.50 per month after 10 years through 15 years. c. $215.25 per month after 15 years through twenty years. d. $258.30 per month after twenty years and thereafter. ARTICLE XXIII UNION STEWARD The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. ARTICLE XXIV MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes. ARTICLE XXV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in wilting in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXVI HOURS OF EMPLOYMENT The work week will consist of an average forty (40) hours per week. ARTICLE XXVII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 1994 through December 31, 1994. In the event a new AGREEMENT is not in effect January 1, 1996, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. 14 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 1994. FOR THE CITY OF STILLWATER: FOR TEAMSTERS, LOCAL NO. 320: The following wage schedule shall be in effect: Police Seroeant $282 per month over the Top Patrol (36 month) rate. Juvenile Officer /Investigator /Narcotics Officer $128 per month over the Top Patrol (36 month) rate. APPENDIX A WAGE SCHEDULE Effective January 1. 1994 January 1. 1995 Start 70% of Top Patrol 70% of Top Patrol After 6 months 75% of Top Patrol 75% of Top Patrol After 12 months 80% of Top Patrol 80% of Top Patrol After 24 months 90% of Top Patrol 90% of Top Patrol After 36 months (Top Patrol) $3,346 $3,430 DATE: June 16, 1994 DISCUSSTf1N MEMORANDUM TO: Mayor and City Council J FROM: Klayton Eckles, City Engineer RE: Plans and Specifications for the 1994 Street Improvements, L.I. 296, 297, 298, 299, and 300 SEH has submitted a set of plans for the street projects listed above for Council approval. I have reviewed the plans and subject to a few minor corrections, I recommend these plans be approved. If Council approves the plans, Council should pass a resolution approving the plans and ordering advertisement for bids. Bids could then be received and reviewed at the second meeting in July, Tuesday the 19th. Dick Moore will be in attendance at the meeting to answer any questions regarding the project. TO: Mayor and City Council FROM: Ann Pung Terwedo, Planner DATE: June 21, 1994 RE: Participants on Design Review Committee for New TH36 Bridge Backuround MEMORANDUM The Minnesota Department of Transportation is requesting that the City of Stillwater participate in an upcoming Design Review Committee for review and comment on the aesthetic details for the new TH36 Bridge Crossing. They are requesting someone from the Design Review Committee and a staff person. The Heritage Preservation Commission/Design Review Committee recommends the appointment of Jay Michels as this representative with Roger Tompten as an alternate. The Planning Department will serve as the City staff representative. Recommendation Formal appointment of Jay Michels to serve on the Design Review Committee with Roger Tompten as an alternate. Direct the Planning Department to serve on Committee. 11 5, 1994 Mayor Charles Hooley city of stillwater 216 North Fourth Street Stillwater, MN 55082 �k 127772835 "ut ran ns P ortatIOn i renf of man Division Waters Edge Building isoo west County Road B2 Roseville. Minnesota 55113 10 I L 1 '0'4 Dear Mayor Hooley, The Minnesota Department of Transportation is nearing completion of the fins. EIS for the new Trunk Highway (T.H.) 36 crossing of the St. Croix River. As you know the DOT's selected the south corridor bridge location as the preferred alignment in 1990. In 1992, we made the "Builds decision on the preferred alignment, and determined that the bridge type would be a curved girder design. Later this year we anticipate a Federal Record of Decision (ROD) to be made. At this time I would like to take the opportunity to present and request City of Stillwater participation in an upcoming committee. As you know Mn /DOT has selected a consultant for the design of the new TH 36 Bridge across the St. Croix. Because of the many issues surrounding the aesthetics of the new bridge, we feel it would be beneficial to actually have the consultant start Preliminary Design work prior to the Federal Record of Decision (ROD) on the Final EIS. Some basic decisions on aesthetic details need to be made prior to the Final Design process so that when the ROD is made Final Design on the bridge could start as soon as possible. To involve the public, agencies and communities in this process, Mn /DOT is suggesting that a "Design Review Committee" be formed. This technical committee will be given the responsibility of reviewing all the important design elements of the bridge and bringing the concerns of the group or agency they represent into the design process. Also, the committee will be included in all other aesthetic design decisions such as bridge rail type, lighting, landscaping, and noise and retaining wall design. It should be emphasized that this committee will not be reconsidering past decisions made on bridge and road alignments, but rather moving forward with the decisions on aesthetics. Membership on this committee requires a long -term commitment through the bridge and roadway design process (approximately 3 years) and should be highly rewarding. 7r°!. d! An Equal Opportunity Employer ENT BY XEROX Telecopier 7017; 6- 8 94 15;22 Mayor Charles Hooley April 5, 1994 Page Two Because of the importance of the together we have minimized the possible. Mn /DoT is suggesting the following representatives. city of Stillwater one staff person one citizen representative from the City Design Review Committee City of Oak Park Heights one staff person, City Council or Committee Member one City Council appointed citizen representative Washington County one staff person from public works St. Croix County one staff person one citizen representative Minnesota- wisconsin Boundary Area Commission one stmt person Lower st. Minnesota Sincerely, lit 10 Lod-, Croix Management commission one staff person Department of Transportation one Bridge Office staff person one Design Office staff person Mark D. Benson Preliminary Design Engineer committee members working closely number of attendees as much as that the committee be mace up of We would like to determine the final attendance for this group in May. Please respond back to me with your appointments.. should you have any questions or concerns, please call me at 582 =1294. Depending on the progress of the consultant negotiations, we will try to schedule our first orientation meeting in June. 1 want to thank you in advance for your consideration of this important opportunity. 6127772635 4 6124390456;# 3 MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: June 15, 1994 RE: APPROVAL BY JOINT POWERS AGREEMENT FOR WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY (HRA) ADMINISTRATION OF FEDERAL HOME PROGRAM Last year the HRA administered the Home Program. The Home Program provides tenant based rental assistance, housing rehabilitation, new construction and homebuyers assistance to residents earning less then 80 percent of median family income. There are many housing units and moderate income households in Stillwater who could apply for the assistance making housing more safe and affordable. There is no cost to the City of Stillwater for participation in the program. Recommendation: Approval Attached: HRA letter and Joint Powers Consortium Agreement June 8, 1994 Mr. Nile L. Kriesel Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mr. Kriesel: The Washington County Housing and Redevelopment Authority (HRA) administers the Federal HOME Program on behalf of Washington County. The HOME Program is authorized by Title II of the Cranston Gonzalez National Affordable Housing Act of 1990. Under the HOME Program, the HRA is able to provide Tenant Based Rental Assistance, Homeownership Rehabilitation, New Construction, Rental Rehabilitation and Homebuyer Assistance to residents of a community who are at or below 80% of median income. Last year, your community received a letter from Yvette Quarfot of our office, in regards to a Cooperation Agreement for the Federal HOME Program. At that time, the Cities and Townships of Washington County needed a Cooperation Agreement signed in order to be eligible for HOME Funds. This year, the process is simpler because your community's participation is only dependent on the signing of the Joint Powers Agreement, which is the document authorizing the formation of the Consortium between the four Counties. Washington County is a member of a four County Consortium called the Dakota County Consortium. This means that nearly three quarters of a million dollars of HOME Funds will be spent in our County over the next three (3) years. We need to have the Joint Power Agreement (enclosed) signed, so that we can spend HOME money in your community. Please put this on your next Council Meeting Agenda as a Resolution item and return to me. Unlike last time, I do need a Resolution for this item, so I have enclosed one which legal counsel has approved. This is a HUD requirement and is crucial for your community's option of participating in the HOME Program. Participation in this Program requires no financial obligation from your community nor does it require any local administrative burden. Signing the Joint Powers Agreement will simply allow the HRA to conduct HOME funded projects in your jurisdiction. If you have any questions regarding the Program or this formality, please do not hesitate to contact me at 458 -6554. Sincerely, Nathan J. Marsten Special Projects Coordinator /s -encl. Telephone (612) 458 -0936 Fax (612) 458 -1696 r Washington County Housing and Redevelopment Authority 321 Broadway Avenue Saint Paul Park, Minnesota 55071 THIS AGREEMENT has been entered into as of the JOINT POWERS CONSORTIUM AGREEMENT between and among Anoka County, Dakota County, Ramsey County, and Washington County, State of Minnesota, hereinafter referred to jointly as the "Consortium each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59. W I T N E S S E T H: WHEREAS, Title I of the Cranston Gonzalez National Affordable Housing Act (the Act), affirms the national goal that every American family be able to afford a decent home in a suitable environment; and, WHEREAS, Title II of the Act provides for formula allocation of funds among eligible state and local governments; and, WHEREAS, section 216(2) of the Act, provides for formation of consortia of units of general local government which shall be deemed to be a unit of general local government for the purposes of the Act; and, WHEREAS, the aforementioned counties are jointly geographically contiguous units of general local government and each have sufficient authority and administrative capability to carry out the purposes of the Act; and, WHEREAS, the regulations published at 56 F.R. No. 53 published March 19, 1991 at page 11592, to be codified at 24 CRF Part 92, and 56 F.R. No. 23 published February 4, 1991 at page 4458, to be codified at 24 CFR Subtitle A (et seq.), and 56 F.R. No. 143 published July 25, 1991 at page 34094 set forth regulations governing the applicability and use of funds under Title I. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. DEFINITIONS For the purpose of this Agreement, the terms defined in this section have the meanings given to them: A. "The Act" means the Cranston Gonzalez National Affordable Housing Act of 1990. B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 56 F.R. No. 53, published March 19, 1991, at page 11592, to be codified at 24 CFR Part 92 and 56 F.R. No. 23 published February 4, 1991 at page 4458, to be codified at 24 CFR and Subtitle A (et seq.), and 56 F.R. No. 143 published July 25, 1991 at page 34094. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Counties" means Anoka County, Dakota County, Ramsey County, and Washington County, each of which is a general unit of local government which has executed this cooperation agreement. E. "Lead Agency" means which is the one member unit of 2 general local government to act in a representative capacity for all member units of general local government for the purposes of the regulations and providing that the representative member assumes overall responsibility for ensuring that the consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 92.101, including requirements concerning a Comprehensive Housing Affordability Strategy. The lead agency for the consortium shall be Dakota County. F. "Comprehensive Housing Affordability Strategy" is a HUD required document which examines housing needs of a jurisdiction and establishes goals and plans for carrying out those activities. G. "Consortium" means the Cooperating Counties acting pursuant to this Agreement. PURPOSE; POWERS TO BE EXERCISED Each Cooperating County has determined that it is desirable and in the interests of its citizens to participate in a "consortium" within the provisions of the Act. This Agreement contemplates that identical agreement will be executed between the Cooperating Counties in the State of Minnesota and the execution of this Agreement by the Cooperating Counties will enable the Consortium to qualify under the Act as a "consortium This Agreement is to authorize the formation of the Consortium for the purpose of undertaking, or assist in undertaking low and moderate income housing assistance activities pursuant to the HOME and HOPE Programs as authorized in the Act and the Regulations. Each of the Cooperating Counties has entered into an agreement 3 pursuant to Minnesota Statutes, Section 471.59 authorizing the Cooperating County to exercise the powers set forth in Minnesota Statutes, Section 469.001 to 469.047 or 469.090 to 469.108, any other statute of law, or any other general or special law authorizing the creation of a housing and redevelopment authority or economic development authority, on behalf of one or more housing and redevelopment authorities or economic development authorities for purposes of carrying out this Agreement. The powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Cooperating Counties and such authorities, by Minnesota Statutes, Section 471.59 and Minnesota Statutes, Sections 469.001 to 469.047 or 469.090 to 469.108, any other statute or law, or any other general or special law authorizing the creation of a housing and redevelopment authority or economic development authority. TERM OF AGREEMENT Term. The term of this Agreement is for a period commencing on uczcber and terminating no sooner than epte10ber Termination. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of the Cooperating Counties as a Consortium under the Act. Execution. This Agreement shall be executed by the appropriate officers of each Cooperating County pursuant to authority granted them by their respective governing bodies, and a 4 copy of the authorizing resolution and executed Agreement shall be filed promptly at the offices of the Lead Agency and in no event shall the Agreement be filed later than May 15, 1992 and by March 31 for all subsequent years. METHOD OF ACHIEVING PURPOSE; MANNER OF EXERCISING POWER Comprehensive Housing Affordability Strategy. The Cooperating Counties hereby agree that they will cooperate as members of a consortium to undertake or assist in undertaking low and moderate income housing assistance activities, and publicly assisted housing as provided in the Act. The purpose of the Consortium is to alleviate housing problems within the State of Minnesota. The Consortium shall prepare and submit to HUD and appropriate reviewing agencies all necessary applications and a Comprehensive Housing Affordability Strategy "CHAS required for funding as a "consortium" under the Act. In preparing a CHAS, the Consortium shall address the housing needs and goals of the Consortium as developed by the Cooperating Counties and their citizens. The Consortium agrees to fully establish housing needs, priorities, and goals in the preparation of its CHAS. The Consortium agree that it shall establish a reasonable time schedule for the development and submission of the CHAS. Each Cooperating County shall appoint one or more staff members to assist in the preparation of information necessary with respect to that Cooperating County for the CHAS. Lead Agency. Subject to the provisions of this Agreement, Dakota County acting as the lead Agency is authorized to act in a 5 representative capacity for all member units of general local government for the purpose of the Act, and the Lead Agency assumes overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the Act including requirements concerning a Comprehensive Housing Affordability Strategy. Joint Operating Committee. The Cooperating Counties shall designate one staff member, and may designate one or more alternates to serve in his or her absence, to serve on a joint operating committee. The Joint Operating Committee shall be responsible for review and approval of any project or program for funding under the Act. The Joint Operating Committee may adopt rules for its operation. The application submitted to HUD for funding must be unanimously approved by the Joint Operating Committee. Project Selection. It is anticipated by the Consortium that a project funded by monies received from the HOME Program may involve one, some, or all of the Cooperating Counties in the Consortium. The determination of which Cooperating County or Counties is to participate in a project and the amount of funding to be received by the Cooperating County or Counties, will be made after consideration of the nature and scope of the project, and the ability of the Cooperating County or Counties to undertake the project and provide the required matching funds for the project. It is understood by the Cooperating Counties that the consortium shall have final responsibility for the selection of participating 6 projects from among those proposed. The Lead Agency is hereby authorized to distribute to the selected projects on behalf of the Consortium such funds as are approved by the Joint Operating Committee. Contracts. Contracts let and purchases made pursuant to a project under this Agreement shall conform to the requirements applicable to the Cooperating County undertaking the project. SPECIAL PROVISIONS Related Actions. Nothing in this Agreement shall preclude a municipality within a County from establishing a Housing and Redevelopment Authority pursuant to Minnesota Statute 469.003. Nothing in this Agreement shall be deemed to create a County Housing Authority pursuant Minnesota Statute 462.004, Subd. 1 -6. Indemnification. The Cooperating Counties mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents, and employees relating to activities conducted by the Cooperating County under this Agreement, the Act, or the Regulations, up to any applicable statutory limits of tort liability. Compliance with the Act. In the event that there is a revision of the Act and /or Regulations which would cause this Agreement to be out of compliance with the Act or Regulations, all parties to the Agreement shall review this Agreement to reasonably and in good faith renegotiate those items necessary to bring the Agreement into compliance. 7 All parties understand that the refusal to renegotiate this Agreement may result in the loss of the effective use of the Agreement as of the date it is out of compliance with the Act and /or Regulations as amended. Monitoring and Accounting. The Lead Agency shall maintain financial, project, and other records and accounts for the Consortium in accordance with the requirements of the Act and Regulations. All Cooperating Counties agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Each Cooperating County shall be responsible for its own audit. Each Cooperating County shall provide to the Lead Agency at its own expense all information with respect to the Cooperating County and any projects undertaken within its jurisdiction which are required by the Act for compliance monitoring, auditing, and other reporting purposes. Other Applicable Laws. All projects undertaken pursuant to this Agreement shall be subject to home rule charter provisions, assessment, planning, zoning, sanitary and building laws, ordinances and regulations applicable to the Cooperating County or smaller municipality in which the project is situated. The Cooperating Counties mutually agree to affirmatively further fair housing and take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, 8 Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of the Housing and Community Development Act of 1974 and with all other applicable requirements of the Act and the Regulations. Nothing in this Article shall be construed to lessen or abrogate the Consortium's responsibility to assume all obligations of an applicant under the Act. FUNDING; BUDGET Source and Contribution of Funds. The source of funds for this Agreement shall be the amounts received under the Act by the Consortium and any matching monies contributed by or for a Cooperating County. In addition, each of the Cooperating Counties shall pay its own staff costs to the extent not provided for under the Act. Any out of pocket costs incurred by the Lead Agency in preparing audits or other reports required by the Act shall be shared by the Cooperating Counties. Budget and Disbursements. This Agreement shall not require and annual budget other than the monies and funds to be held, applied, disbursed, and accounted for the Lead Agency as required by the Act and Regulations. Matching Funds. Unless otherwise agreed as between any two or more members of the Consortium, each Cooperating County shall provide for the match required with respect to projects to be located within its jurisdiction. Distribution of Assets upon Termination. Upon termination of this Agreement, any property acquired as the result of this Agreement and any surplus monies shall be disposed of in accordance with the Comprehensive Housing Affordability Strategy and as required by the Act and Regulations. AMENDMENTS Except as to the term of this Agreement, this Agreement may be amended by the unanimous consent of the Cooperating Counties at any time. In the event that one or more Cooperating Counties elects to terminate its participation in the Program after September 30, 1993, the Agreement shall remain in effect with respect to he remaining Cooperating Counties and no amendment shall be necessary. In addition to the foregoing, the Lead Agency is authorized to execute amendments to this Agreement to permit the addition of one or more general units of local government to the Consortium, provided that the governing body of such unit of local government has adopted a resolution authorizing the unit to become part of the Consortium, such unit has executed an addendum to this Agreement agreeing to be bound by its terms, and the Lead Agency has determined that the addition of such unit is authorized by the Act and will not prevent the Consortium from qualifying as a Consortium under the Act. IN WITNESS WHEREOF, Anoka County, Dakota County, Ramsey County, and Washington County have each caused this Agreement to be executed on its behalf by their duly authorized representatives and have caused their official seals, if any, to be affixed hereto, all as of the day and year first above written. 10 Dated this day of 1994. (SEAL) WASHINGTON COUNTY By By Its Its Execution Page of Washington County for the Joint Powers Consortium Agreement with The Cooperating Counties of Anoka, Dakota, Ramsey, and Washington WHEREAS, pursuant to the Cranston Gonzales National Affordable Housing Act of 1990 (the "Act geographically contiguous units of general local government may form consortia for the purpose of applying for an receiving funding to assist in carrying out a Comprehensive Housing Affordability Strategy (CHAS) under the Act; and WHEREAS, Minnesota Statutes, Section 471.59 (the "Joint Powers Act provides that "two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any powers common to the contracting parties or any similar powers..." and "the board of county commissioners of any county may by resolution enter into agreements with any other governmental unit to perform on behalf of the unit any service or function which that unit would be authorized to provide for itself'; and WHEREAS, Anoka County, Dakota County, Ramsey County, and Washington County (the "Joint Parties are geographically contiguous units of general local government within the meaning of the Act and, together with the housing and redevelopment authorities, economic development authorities or other local entities each have the power to carry out the programs provided for by the Act; and WHEREAS, there has been presented to this Board a form of Joint Powers Consortium Agreement among the Joint Parties, pursuant to which the Joint Parties will, among other things, develop and carry out a housing affordability strategy and apply for and expend such federal assistance as may be available under the Act to consortia. NOW, THEREFORE, BE IT RESOLVED, that the Washington County Board of Commissioners does hereby appoint the Washington County Housing and Redevelopment Authority and its designees to administer the HOME Program and to represent Washington County on the Joint Operating Committee of the Joint Powers Consortium. LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 94 -147 A T T Abrahamson Nurseries American Heart Association Baker, Sharon Biff's Buberl Landscaping Catalog Sales Century Power Copy Cat Printing Copy Cat Printing Copy Duplicating Products DAC Industries Dakota Co Technical College Equipment Supply First Trust Floyd Total Security Int'l Conference Bldg Officials J D Enterprises Jims Building Maintenance Junker Sanitation Kangaroo Self Storage League of MN Cities League of MN Cities Metro Fire Metro Waste Control Commission Miller Excavating Minn Comm Paging MN Cellular One Motorola Nat'l Fire Protection Assn Ness, George Northwestern Tire One Hour Express Photo Polar Chevrolet Raleigh Trucking Reeds Sales Service Shiely S hort- Elliot Hendrickson St Croix Animal Shelter Stillwater Towing T A Schifsky Uniforms Unlimited USEMCO Verns GTC Auto Parts Wardell, Leslie Wybrite Maintenance Flowers Annual Program Fee Kriesel Secretarial Services Portable Toilet Service Black Dirt Tarps for Trucks Deck Shaft -Mower Business Cards Envelope /Forms Xerox Repair Trash Bags Basic Photography Police Service Call -Air Conditioning Paying Agent Fees Monitoring Services Building /Fire Code Books Pay #4- Demolition West Wing Wax Floors -City Hall Garbage Bags June Rent Claim Pixley /Worker's Comp Quarterly Billing Fire Boots Sewer Service Hubman Sewer Paging Service Mobile Phone Service Agreement -Base Handbooks Paint Rollers Repair Tire Film Processing Squad Cars Black Dirt Lawn Mowers Sand Engineering Services May Boarding Fees Towing Services Asphalt Uniforms Supplies Pay #1 #2- Market P1 Lift St Ball /Trailer Wiring DARE Graduation Supplies Computer Maintenance 165.84 191.88 30.00 40.50 383.56 96.91 15.15 20.72 153.00 146.84 186.37 109.80 20.00 233.28 925.00 183.18 335.60 1,250.00 585.75 2,068.75 88.00 25,819.00 44,853.00 93.40 67,899.00 400.00 8.25 29.73 Station 168.06 161.40 10.63 33.00 24.98 28,848.00 255.75 1,074.17 14.54 1,786.28 354.36 83.58 60.71 265.03 18,777.50 40.67 64.12 100.00 Applicant Inforrnatior, Name _�rgani z.at ian;5T 01.... l?„..' Applicant Nc.rie(Fui1) Str -eel Adrre "7� Si THE BIRTHPLACE OF MINNESOTA APPLICATION TO CONSUME `s e Iwrii ,-_S e.4 j I) or rQ..z City U J Home Phone Z Work Phone 6 l'n Facility Information Park or facility to be usedekLasll 91 ic/ c c/ ,9iT /07 Date to be usedSSpC_GlZ /J 94 Jr,. to be used /1 aril S i opri Number of persons expected Purpose(s'uftba.11 dome, weddinc, etc. I /e its, _A:__ A-e- cs'44 Type of activity(fund raiser, dancing, music, etc.) Check Appropriate Information Beer to Consume Beer to Sel 1 Consume Wine to Consume Security Iryformat ion Internal Use Only) State. I.4 -7Z Police Officer Required by City? Yes. Officer Rate of Pay Mail License To: (If different than applicant) 2 CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612 -439 -6121 S Q G e B i r t h Date Liquor to Consume Liquor t el 1 Consume Wine t o Sell Consume Ni:.. REQUEST FOR INSTALLATION OF BANNER 1. Name and address of organization making request: S� MI.-r -45 _.4Y 0C-.6) I e 1,1.1,0,1( Sil--f4ttoar go S• .2 cep 2. Activity being promoted by proposed banners: /ebie c.-6_u/ (s-e_<,„/a//6 3. Please specify which three banner locations you wish to use: 1. Main Street at Olive Street 2. 100 Block of South Main Street V 200 Block of East Chestnut Street 4. What period of time do you wish the banner to be displayed? aw&az.. (.2q 4 /d 5. Non profit corporations and recognized charities are exempt from any fee for the putting up and taking down of the banner; however, business groups and other for profit corporations must pay a fee of $40, which includes a charge for putting up the banner and taking it down. Please make check payable to the City of Stillwater, 216 North Fourth Street, Stillwater, Mn. 55082. 6. No authorization is effective without the authorization of the State of Minnesota if so required. Approved by the City of Stillwater. Fee paid, if applicable. June 20, 1994 Wallmaster Home Improvement 1197 Payne Avenue St. Paul, MN 55101 Capra's Utilities Inc 4120 Isle Ave N Lake Elmo, MN 55042 B. Street Quality Contracting 101 Dahlia Way Mahtomedi, MN 55155 CONTRACTOR'S LICENSE APPROVAL Renewal Renewal Renewal F -I -MN -o I IL //'11 7 end Orwin L Carter Ph.D. President. C.E.O. June 13, 1994 The Honorable Charles Hooley Members of the City Council c/o Nile Kreisel City of Stillwater 216 N 4th Street Stillwater MN 55082 Dear Mayor and Council Members: During the last few years we have received numerous comments and complaints from our employees regarding parking on the west end of our property on Northwestern Avenue. Due to the fact that people are parking close to our driveways, many "near accidents" have occurred. We attempted to correct this by painting the curb yellow near the driveways, but this has not resolved the problem. We are asking the City Council to review this matter and we request that Northwestern Avenue be posted as a No Parking Zone on the east side of the Avenue beginning at the north driveway of the Plaza Heights Shopping Center and continuing to the north end of the INCSTAR property. This would need to be effective Monday through Friday, 6:00 a.m. to 6:00 p.m. Please see the attached map. We also get a good deal of non company traffic flow through our property and believe this is primarily due to our plant entrance off of Northwestern Avenue being located directly across from Tower Drive. Therefore, we are requesting that signs indicating "NOT A THROUGH STREET" be posted at the two entrances on Northwestern Avenue and at the entrance on Industrial Boulevard. Thank you for your time and consideration of the above matters. We would appreciate your replying at your earliest convenience. If you have any questions, please feel free to contact me at 779 -1748. Sincerely, Orwin L. Carter, PhD OLC:bg Enc 1 cc: George Wellock, Vice President of Operations Ross Buschman, Facilities Supervisor INCSTAR Corporation 1990 Industrial Boulevard P.O. Box 285 Stillwater Minnesota 55082 -0285 Corporate Offices: 612 439 9710 FAX: 612 -779 -0221 1 11 w 2 s Rt r r jUil 8 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Stillwater City Hall Stillwater, Minnesota 55082 Re: Request for Information Pursuant to Section 104(e) of CERCLA and Section 3007 RCRA, for the Junker Sanitary Landfill, located near Hudson, Wisconsin, hereinafter referred to as the Site Dear Sir or Madam: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604 -3590 REPLY TO THE ATTENTION OF: HSM -5J The United States Environmental Protection Agency (U.S. EPA) is currently investigating the source, extent and nature of the release or threatened release of hazardous substances, pollutants or contaminants on or about the Junker Sanitary Landfill, located approximately six miles southeast of the City of Hudson, Wisconsin. This investigation requires inquiry into the generation, storage, treatment and disposal of such substances that have been or threaten to be released at the Site. U.S. EPA is also investigating the ability of persons connected with the Site to pay for or perform a clean -up of the Site. Pursuant to the authority of Section 104(e) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §9604(e), as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99 -499, and pursuant to Section 3007 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §6927, you are hereby requested to respond to the Information Requests enclosed. Compliance with the enclosed Information Requests is mandatory. Failure to respond fully and truthfully to each and every Information Request within thirty (30) days of receipt of this letter, or to adequately justify such failure to respond, can result in enforcement action by U.S. EPA pursuant to Section 3008 of RCRA under which U.S. EPA may seek the imposition of penalties of up to twenty -five thousand dollars ($25,000) for each day of continued non compliance, and /or pursuant to Section 104(e)(5) of CERCLA which, as amended, Printed on Recycled Paper 2 authorizes the United States to seek penalties from a Federal court of up to $25,000 for each day.of continued non compliance. "Non- compliance" is considered by U.S. EPA to be not only failure to respond to the Requests but also failure to respond completely and truthfully to each Request. Please be further advised that provision of false, fictitious, or fraudulent statements or representations may subject you to criminal penalties of up to ten thousand dollars ($10,000) or up to five (5) years of imprisonment or both under 18 U.S.C. §1001. The United States Environmental Protection Agency has the authority to use the information requested herein in an administrative, civil or criminal action. This Information Request is not subject to the approval requirements of the Paperwork Reduction Act of 1980, 44 U.S.C. §3501, et sea. The information requested herein must be provided notwithstanding its possible characterization as confidential information or trade secrets. You may request, however, that such information be handled as confidential business information. A request for confidential treatment must be made when the information is provided, since any information not so identified will not be accorded this protection by the U.S. EPA. Information claimed as confidential will be handled in accordance with the provisions of 40 C.F.R. Part 2. In order to facilitate handling any confidential business or financial information, please provide such information on separate pages and group all such pages together in one portion of the response. Clearly identify the information as confidential by placing the word "confidential" in the upper right hand corner of the first page containing the information and on the cover letter transmitting it. Your response to this Information Request should be mailed to: Ms. G. Marie Watts Superfund Program Management Branch (HSM -5J) U.S. Environmental Protection Agency 77 West Jackson Street Chicago, Illinois 60604 If you have any questions, please direct such questions to Ms. Watts, at (312) 886 -7591. Please direct questions of a legal nature to Mr. Michael Berman, Office 'of Regional Counsel, at (312) 886 -6837. June 14, 1994 To the Editor: Thanks to Choc Junker and the Stillwater city crews for hauling away the piles of garbage the neighbors of the Cherry/Laurel Street ravine collected at the third annual ravine clean -up. It's a great example of how the city and volunteers can work together to improve our surroundings. Thanks, too, to the neighbors of all ages who joined to do what individuals could not do alone. One year a boat was dug out of the creek bed, another year a motorcycle. An ancient commercial bakery oven was unearthed the first year and removed by a crew of six or so neighbors. At least a dozen washers and dryers were rounded up, an old can and glass dump has been raked and cleaned and countless tires have been rolled from one end of the ravine to the other. In anotherr year or two, we hope to be done with the major work and plan only on leisurely strolls to pick up litter. Thanks, as well, to the neighbors at Hope House who provided the refreshments. The ravines are Stillwater's "Hidden Treasures Not even many born and bred here know how beautiful they are when the bottoms are literally covered with wild phlox or violets, or where the wild iris blooms. As a city government and as individuals, we should continue to work together to protect these beautiful, wild places. Everyone can help. If you are still dumping stop. If you know someone who is still dumping stop them. Join with your neighbors to clean up the ravine closest to you. Encourage your council person to enact policies to protect our hidden treasure. And finally, share the treasure with someone who is unaware of it take a walk and enjoy! 6x. Becci Cox 417 West Cherry Street Stillwater, MN 55082 439 -8598 June 17, 1994 Mr. Nile Kriesel City Administrator City of Stillwater Stillwater, MN. 55082 Dear Nile; The annual United Way kick -off is scheduled for Sept. 10 this year at Lowell Park. As you know, United Way raises and distributes hundreds of thousands of dollars annually benefitting thousands of people in the Valley area, especially Stillwater. The annual kick -off is a big part of the campaign. In the past, sponsors have "picked up the tab" for this event. However, this year our sponsors have rejected our request (I'm sure because of their tremendous support during the actual campaign). We are requesting sponsorship from the City of Stillwater. We need $2100 to assure a successful kick -off on Sept. 10. Will the City please help us out? I will be happy to answer any questions you may have. Thank you for your time and consideration. Sincerely, t7 Tom Schwyz United Way Colors of Love Committee Member 4 TO: Mayor and City Council FROM: City Coordinator RE: Human Rights Commission DATE: June 17 ,1994 MEMORANDUM Mort Ryweck, Coordinator of Statewide Campaign Against Hate and Bigotry is requesting a workshop with the Council to discuss the possibility of forming a Human Rights Commission in the City. (Mr. Ryweck discussed this previously with the Council). I can discuss this with you further at the meeting. ;:ve, C Commissions wor&with business, labor, education, civic, religious, social and community groups in order to foster intergroup understanding and to eliminate prejudice and discrimination. 1 CITIES WITH HUMAN RIGHTS COMMISSIONS Albert Lea Arden Hills Austin Bemidji Bloomington Brooklyn Center Columbia Heights Cottage Grove Coon Rapids Crystal Duluth Eden Prairie Edina Falcon Heights Fergus Falls Fridley Golden Valley Hibbing Inver Grove Heights Maplewood Mankato Marshall '�::$S ::fir Morton W. Ryweck Coordinator of Statewide Campaign Against Hate and Bigotry (612 374 -5580 Minneapolis Moorhead New Brighton New Ulm Oakdale Orono Red Wing Richfield Robbinsdale Rochester Roseville St. Cloud St. Louis Park Shakopee Shoreview South St. Paul St. Anthony Saint Paul Virginia Winona Worthington ti'tr:,:: >,5: •`/.f.�•.,• a. s.:.?•:•.t#C:':• •xi.• £E:.,;.,•. Minnesota Department of Human Rights (612) 296 -5663 (St. Paul office) Tty/Tdd 296 -1283 1 -800- 657 -3704 7 `'•'a:::! ii irk :j %'1, i f i /,ri HUMAN RIGHTS COMMISSION "STARTER" INFORMATION NO PLACE FOR PREJUDICE MINNESOTA LEAGUE f HUMAN RIGHTS COMMISSIONS 4221 Lake Road Avenue Robbinsdale, MN 55422 (612) 535 -1051 4 A MINNESOTA DEPARTMENT OF H UMAN RIGHT eeeeeeeeeee N. N. N. S. I LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS Human Rights Commissions are voluntary, city chartered groups appointed by city councils to advise and promote matters relating to human rights under the state Human Rights Act 363 and to work for a society free from prejudice and discrimination. League of Minnesota Human Rights Commissions is a voluntary, non profit organization dedicated to the protection and advancement of human rights. League members are the various Human Rights Commissions chartered in cities and communities throughout the state. Minnesota Department of Human Rights is a state agency which has the mandate to hear discrimination cases filed with the state. An extension of this mandate is the No Fault Grievance Process administered by local Human Rights Commissions. The Human Rights Commissioner is appointed by the Governor of the state. a I ry::''•X ti4. i•}:%•: x:::. 4vv:: ::::::v.:.v::: ::�•.8nt4v.:x•: u:.v.•.....::: •i:.:: }i: :�S:iti ROLE OF HUMAN RIGHTS ry COMMISSIONS `t,::: :kt5'it: ig :•::i''t:+ :'::;+:}:w}` i.\':,:}; v• v:.. u:....i:�' :'•i }::.•x;• i:• ::*K :�'p: w v k i•:• }'t \.v:i:.\v.•.:.•.•::: f n.. :4v Sv'Yi v..... :}vp }::i :vv:•:vti. }i:: i:.:.::::: F4......lN'N. The role of a Human Rights Commission is to encourage and promote (both publicly and privately) equal opportunity and fair treatment and practices for all people. The areas of discrimination may include: Employment Public accommodations Education Public services Housing Credit Business Retribution Commissions act informally to eliminate discriminatory practices that are contrary to the public policies of the State (Minnesota statutes 1967, Human Rights Act, Section 363.13) which is to secure freedom from discrimination without regard to: Race Religion Color National origin Creed Sex Age Marital status Disability Public Assistance HOW TO START A COMMISSION 1. Identify supportive community residents. 2. Gather information on activities and processes from neighboring Human Rights Commissions. 3. Meet with mayor and city council members to obtain authorization and legislation for organizing a local commission. 4. Seek resources speakers, documents, videos from League of Minnesota Human Rights Commissions, Minnesota Department of Human Rights, and /or active Commissions. 5. Develop a Human Rights Ordinance for the city. 6. Advertise openings for Commissioners and interview to select the required numbers. 7. Elect officers; set specific goals and a regular meeting date; organize committees. (612)490 -5600 June 15, 1994 Dear Fellow LMCIT member: 1.800 -925- 1122plusyourcitycode 1 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126 -8044 Many of you recently received a letter from the City of Afton, asking you to urge the LMCIT Board of Trustees to drop a pending appeal and to reimburse three Afton council members for legal costs they incurred in defending themselves against the charges that they violated the open meeting law. A number of city officials have asked about this matter, so we thought it might be useful to outline how LMCIT has approached the issue and why. Three members of the Afton city council were charged with violating the open meeting law. The city submitted the claim under the city's LMCIT liability coverage, and LMCIT disclaimed coverage. The reason is that the LMCIT liability coverage provides that LMCIT will cover and provide a defense for claims seeking "damages The coverage document provides that "damages" does not include fines or penalties. This definition of "damages" was modeled after typical language found in commercial liability insurance policies. The open meeting law at the time provided for a $100 "civil penalty and for removal from office after three violations. Litigation under the open meeting law is therefor by definition an action seeking a penalty not a claim for "damages." Since it is not a claim for damages, LMCIT's position is and has always been that these defense costs are not covered by the LMCIT liability coverage. The council members sued LMCIT, challenging LMCIT's disclaimer of coverage. The trial court ruled that there was no coverage. The city officials appealed this ruling to the Court of Appeals, which ruled that there was coverage. The Appeals Court first ruled that the city had the legal authority to reimburse the officials' legal costs; and then simply said that because the city was authorized to reimburse the city officials for these costs, LMCIT was required to do so. We believe that the Court of Appeals decision is incorrect and misreads what the LMCIT liability coverage document actually says. LMCIT therefor asked the Supreme Court to review the Appeals Court's decision. The Supreme Court agreed to do so, and the appeal is proceeding. The City of Afton's letter suggests that LMCIT should drop this appeal and reimburse the city officials for their legal costs. But because LMCIT is a cooperative organization of cities, the AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER TDD(612)490 -9038 Faa(612)490 -0072 funds which LMCIT uses to pay claims are really the joint property of all of LMCIT's member cities. The purpose of the coverage document is to spell out which claims will be paid with those funds. LMCIT therefor has a duty to all of its member cities to pay out those funds only in accordance with the coverage document, and to make sure that the coverage document is being properly interpreted. To pay a claim which we believe is excluded by the language of the coverage document would amount to using the member cities' funds to make a gift. This is not the first time LMCIT has found itself in the position of having to disclaim coverage for a member city's claim. The claims arising out of the alleged air quality problems in the City of Coon Rapids' ice arena several years ago, which fell under the coverage's "pollution" exclusion; and the recent claims against the member cities of the Minnesota Police Recruitment System, which fell under the "joint powers" exclusion, are two other examples. In both of those instances, the LMCIT Board reviewed the issues and developed ways to cover similar situations in the future just as LMCIT has done by developing the optional open meeting law defense coverage that is now available. In short, we believe that in fairness to the member cities, LMCIT must continue to make coverage decisions based on what the coverage document actually says and what it actually covers not on what we may later decide it should have said or should have covered. This appeal is simply one more step in the process that assures that the coverage document is being interpreted and applied correctly. The members of the LMCIT Board are very interested in hearing your views on this or any other issue involving LMCIT. Please feel free to contact any of the Trustees, or Pete Tritz or Tom Grundhoefer at the League office, with any comments, questions, or suggestions you may have. cerely, Stene or, Lindstrom Chairman, LMCIT Board of Trustees Metropolitan Council Advocating regional economic, societal and environmental issues and solutions Recycled Paper June 17, 1994 Morli Weldon Clerk City of Stillwater 216 4th St N Stillwater, MN 55082 -4807 Dear Mr. Weldon: The Metropolitan Council staff has prepared a preliminary population and household estimate (April 1, 1993) for your community. Enclosed for your review is a 1993 worksheet which includes 1990 Census background data. The estimates are used by the Council to monitor population and household change in the region. We strive to provide estimates that are accurate and that treat each municipality consistently. If you have questions about the estimates, please contact Kathy Johnson at 291 -6332. If you prefer to submit written comments, please direct these to Ms. Johnson as well. We would like to send the estimates to the State Department of Revenue by mid -July for use in their local aids formulas. If you have questions about how local aids are calculated, please address them to Rich Gardner, Minnesota Department of Revenue, 296 -3155. If possible, we'd like to finalize the numbers before submitting them to the Department of Revenue. To do so, we need to hear from you by July 8, 1994. Thank you for your prompt attention to this matter. Sincerely, Dottie Rietow Chair DR/kj Enclosure Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101 -1634 612 291 -6359 Fax 291 -6550 TDD 291 -0904 An Equal Opportunity Employer METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE APRIL 1, 1993 Housing By Type Single- Family Multifamily (incl. Townhouse) Mobile Home TOTAL 1 1990 Census Households 1993 Household Estimate 1990 Census Persons per Household 1993 Persons per Household All numbers are as of April 1 of each year. City or Township: Stillwater 1993 Housing Units 1990 Census Housing Units 3,625 1,478 2I X5,105 HOUSEHOLD ESTIMATE POPULATION ESTIMATE 1990 Census Total Population 1990 Group Quarters Population 1990 Population in Households 1993 Population Estimate 1993 Group Quarters Population 1993 Population in Households 1993 Estimated Completed Housing Units 4,007 I 1,582 1 PERSONS PER HOUSEHOLD 5,591 1993 Estimated Occupied Households 4,982 5,447 13,882 377 13,505 15,001 358 14,643 2.71 2.69 3,935 1,510 2 5,447 This total includes 49 units listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other" units is available between censuses, for purposes of 1993 population and household estimation, these units have been allocated to the single and multiple family categories. This was done based on persons per "other" household and the ratio of single- family to multifamily housing in the jurisdiction. MINNESOTA OFFICE: P.O. Box 2I31 Stillwater, MN 55082 (612) 439 -7681 Fax (612) 439 -7319 LEGISLATIVE ASSOCIATES, INC. June 17, 1994 To: Mayor and Council Members City of Stillwater From: Ed Cain, LAI WASHINGTON OFFICE: 7920 Towerbell Court Annandale, VA 22003 703) 560 -7129 Fax (703) 560 -4632 Subject: Billing for Services: May, 1994 Services for the City of Stillwater focused on the City's request for $200,000 for non federal matching funds from the 1994 Legislature. The work included frequent meetings and contacts with all the members of the House and Senate Committees that are responsible for the bonding authority of the State, and with the Office of the Governor. The critical period for the Stillwater appropriation was the House /Senate Conference Committee. Our $200,000 appropriation was in the Senate bill, but the House included practically nothing in flood control funding. The Governor's budget included some unassigned funds that, according to DNR priorities, would not have reached down far enough to fund the Stillwater project. The Conference Committee was in session almost continually on May 2, 3, 4, and 5, as well as the last two days of April. All of those representatives for agencies, cities, etc. with items in the Bonding Bill remained till the very end. If a question came up concerning your project, and no one was their to respond, it was cut. In our case, DNR has to follow the Governor's budget and oppose anything not included in his budget. It was critical to be there throughout the entire mark -up session. This is simply a note of explanation regarding the extended hours of service during the first part of May. Further work involved meetings with DNR, PCA, the Corps of Engineers, and SEH who has been ask to prepare the proposal for the A E work on the retaining wall system. The amount of time allocated to Stillwater projects during the month was over 100 hours. Billing Time, 43 hours $65 per hour Fax/copying /p g /LD phone /bus. lunches Edwin E. Cain, LAI 2,795.00 93.00 Total Services and Expenses 2.888.00 Services from May 1, to May 30, 1994 Date Event Number of Hours May 2: Conference Committee; Session; mtgs. with 14 individual Committee Members and DNR. May 3: Conference Committee, Session; Mtgs. with 15 Governor's staff, DNR and Committee Members. May 4: Both House and Senate Sessions, Conference 15 Committee, Individual mtgs. with Members. May 5: Conference Committee; Sessions in House and 16.5 Senate; Mtgs. with DNR, Governor's Staff and Members. May 6: Meetings with City Staff, Capitol Bonging Conference 8.5 Committee, Preparation of materials. May 7: Mtgs. Dick Moore and SEH re: levee project. 2 May 11: In Washington, D.C. Mtgs. with Corps of Engineers, 6 Follow -up reports to Durenberger and Grams. May 12: Washington, D.C. Meetings re:Community Development 4.5 and other potential funding sources for the City. May 18: St. Paul Corps of Engineers. 2 May 26 -30: Preparation of materials; contacts with Corps, SEH, and 3 others. Total hours of Services. 86.5 Total Hours Billed. 43. 8. BOARD CORRESPONDENCE 9. 9:35 ADJOURN WASHINGTON COUNTY COUNTY BOARD AGENDA JUNE 21, 1994, 9:00 A.M. 1. 9:00 ROLL CALL 2. CONSENT CALENDAR 3. 9:00 PUBLIC WORKS DEPARTMENT D. WISNIEWSKI, DIRECTOR A. CONTRACT FOR INSTALLATION OF GOVERNMENT CENTER SECURITY SYSTEM B. GOVERNMENT CENTER BUILDING SECURITY POLICY 5. 9:10 GENERAL ADMINISTRATION J. SCHUG, ADMINISTRATOR 6. 9:20 DISCUSSION FROM THE AUDIENCE VISITORS MAY SHARE THE R CONCERNS WI7H THE COUNTY BOARD OF COMMISSIONERS ON ANY ITEM NOT ON THE AGENDA. THE CHAIR WILL DIRECT THE COUNTYADMIVIS7RITOR TO PREPARE RESPONSES TO YOUR CONCERNS YOU ARE ENCOURAGED NOT TO BE REPETITIOUS OF PREVIOUS SPEAKERS AND TO LIMIT YOUR ADDRESS TO FIVE MINUTES. 7. COMMISSIONER REPORTS COMMENTS QUESTIONS TILLS PERIOD OF TIME SHALL BE USED BY THE COMMISSIONERS TO REPORT TO 77E FULL BOARD ON COMMITTEE ACTIVATES, MAKE COMMENTS ON MATTERS OF INTEREST AND IVFORMA77ON, OR RAISE QUESTIONS TO THE STAFF. 7716 AC770N IS NOT INTENDED TO RESULT IN SUBSTANTIVE BOARD AC7YON DURING THIS TIME ANYACI7ON NECESSARY BECAUSE OF DISCUSSION WILL BE SCHEDULED FOR A FUTURE BOARD MEEIIVG. 10. 9:55 BOARD WORKSHOP WITH OFFICE OF ADMINISTRATION B C TO 10:40 DISCUSSION ON AUDIO /VISUAL UPGRADE FOR THE BOARD ROOM Dania C. Hogberg District 1 Mary Hamer District 2 /Chair Wally Abrahamson District 3 Myra Paterson District 4 Dave Engstrom District 5 11. 10:50 BOARD WORKSHOP WITH COMMUNITY SERVICES COURT SERVICES B C TO 11:50 COST OF OUT -OF -HOME PLACEMENT FOR CHILDREN MaEETING NOTICES Committee Tiae Location Date June 21 June 21 June 22 u ne 23 une 23 Board of Equalization Mental Health Advisory Solid Waste Mgmt. Coord Brd. Community Corrections Resource Recovery Project Brd. 1:00 p.m. 4:00 p.m. 10:30 a.m. 7:30 a.m. 8:30 a.m. Meeting Rooms B C Oakdale City Offices 2099 University Ave. W. St. Paul Washington County Government Center 6989 55th St. N., Suite C Oakdale if you need assistance due to disability or language barrier, please call 430-6003 (!DD 439 -3220) AN EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM ADMINISTRATION A. APPROVAL OF THE JUNE 7, 1994 BOARD MEETING MINUTES. ACCOUNTING D. APPROVAL OF RESOLUTION CALLING FOR REDEMPTION OF THE OUTSTANDING $2,500,000 GENERAL OBLIGATION COUNTY BUILDING BONDS OF 1971. AUDITOR TREASURER F. APPROVAL OF THREE DAY ON SALE NON INTOXICATING MALT LIQUOR LICENSE FOR SCANDIA FASTPITCH TOURNAMENT, SCANDIA BALLFIELD, JUNE 24 -26, 1994. COMMUNITY SERVICES H. APPROVAL TO APPOINT CHARLOTTE FARNUM TO THE RAMSEY ACTION PROGRAM INC. BOARD OF DIRECTORS, TO COMPLETE THE TERM VACATED BY JAMES SCHUG, AND APPOINT ANDREW ERVIN AS THE ALTERNATE. HUMAN RESOURCES PUBLIC WORKS RECORDER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR JUNE 21, 1994 B. APPROVAL OF AMC DISTRICT X RESOLUTION REQUESTING AN OPINION FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ON THE DESIGNATION OF THE AREA AGENCY ON AGING. C. APPROVAL TO APPOINT SANDRA SHIELY, COTTAGE GROVE, TO THE BOARD OF ADJUSTMENT AND APPEALS, TO FILL AN UNEXPIRED TERM TO DECEMBER 31, 1994. E. APPROVAL OF RESOLUTION CALLING FOR REDEMPTION OF THE OUTSTANDING $2,035,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1987C. G. APPROVAL OF CONSUMPTION AND DISPLAY (SET -UP) PERMIT LICENSE FOR SCANDIA COMMUNITY SENIOR CENTER, APRIL 1, 1994 TO MARCH 31, 1995. I. APPROVAL OF AGREEMENT WITH MINNESOTA TECHNICAL COLLEGE SYSTEM FOR SECOND YEAR SPECIAL NEEDS BASED FUNDING IN THE AMOUNT OF $47,640. J. APPROVAL OF AGREEMENT WITH MINNESOTA DEPARTMENT OF ECONOMIC SECURITY TO INCREASE MINNESOTA YOUTH PROGRAM BIENNIAL ALLOCATION TO $202,519. K. APPROVAL OF PROGRAM YEARS 1994 AND 1995 JOB TRAINING PARTNERSHIP ACT (JTPA) AND WAGNER PEYSER GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF ECONOMIC SECURITY /COMMUNITY BASED SERVICES DIVISION. L. APPROVAL TO ENDORSE APPLICATION FOR $24,000 IN SUPPLEMENTARY FUNDS FOR CHILDREN'S MENTAL HEALTH INTEGRATED FUND COLLABORATIVES. M. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH HUMAN SERVICES SUPPORT NETWORK, INC., TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. N. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH FOCUS HOMES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. O. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH ADAPTED LIVING PROGRAMS, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. P. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH MDM RUBICON, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. Q. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH A.M.E. COMMUNITY SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. R. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH NEKTON, INC. TO PROVIDE HOME -AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. S. APPROVAL OF .5 F.T.E. SPECIAL PROJECT SENIOR CASE AIDE IN THE JOB TRAINING CENTER DIVISION OF COMMUNITY SERVICES FROM JULY 1, 1994 THROUGH JUNE 30, 1995. T. INFORMATION ONLY TOWN ROAD ALLOTMENT DISTRIBUTION. U. INFORMATION ONLY RECORDER FEES FOR THE MONTH OF MAY, 1994. ••Consent Calardar itan, are generally defined u ikons of routine business, not requiring diuuuion, and approved in one vote. iionen nay ekes to pull Conran Calendar itan(,) for discussion and/or separate action.