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Home My WebLink About1995-10-03 CC Packet fe , e I REVISED AGENDA** CITY OF STILLWATER CITY COUNCIL MEETING NO. 95-32 October 3, 1995 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. Deer Path Traffic Study - Glen VanWormer, SEH STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - September 19, 1995 - Regular Meeting September 26, 1995 - Special Meeting PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA * 1. Resolution 95-216: Directing Payment of Bills 2. Resolution: Accepting dedication of easement for public roadway and utility purposes 3. Resolution: Approving Change Orders - UBC Building 4. Resolution: Approving permanent employment of Cindy Geis as Assistant Building Inspector 5. Submit claim against the City to insurance carrier 6. Contractors License - Kingwood Management, General Contractor renewal City Council Agenda No. 95-32 October 3, 1995 UNFINISHED BUSINESS . 1. Resolution: Accept bid and award contract for construction of basketball court at Staples Field 2. Resolution: Accept bid and authorize purchase of fire apparatus 3. Resolution: Accept bid and award contract for Good Samaritan Storm Water Project, L.I. 317 4. Possible second reading of ordinance amending City Code relating to Human Rights Commission. 5. Resolution: Accept offer and authorize sale of city owned property located at 1004 S. Holcombe Street NEW BUSINESS 1. Review of request for on-site septic system at 1112 N. Fifth St., Kevin Tilka, applicant. SS/95-3 2. Resolution: Final Plat approval for lot split located at 619 West Anderson Street, David Harvieux, applicant. 3. Preapplication for Tax Increment Financing assistance for purchase of land and development of grocery store - Joan Ahrens, Supervalu, applicant. ~ 4. Resolution: Approval of architectural services contract for City Hall Building Project - BWBR 5. Possible first reading of ordinance relating to license fees for cigarette sales 6. Possible first reading of ordinance relating to recycling fees PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. ** Items in italics are additions to the agenda - MEMORANDUM TO: e FROM: Mayor and Council City Clerk DATE: October 3, 1995 SUBJECT: Additions to Council Packet ADDITION TO AGENDA 1. Consent Agenda Item No. 6 Contractors Licenses - Renewal, Kingwood Management 2. Unfinished Business Item No. 5 Accept offer and Authorize sale of city owned property located at 1004 S. Holcombe Street ADDITIONS TO COUNCIL PACKET 1. Staff Report a. Memo: Leo Miller, Code Enforcement Officer b. FYI: Memo to Planning Commission, Sue Fitzgerald 2. Corrected page 4 of September 19 Regular Meeting - 5. Appraisal results for properties Correction: Motion seconded by Councilmember Bealka 3. Consent Agenda Item No.1: Item No.6: List of Bills Contractors License Renewal - Kingwood Management, General Contractor 4. Unfinished Business Item No.3: L.I. 317 Good Samaritan Storm Water Project Memo and Resolution accepting bid and awarding contract Item No.5 Memo - Offer on city owned property at 1004 S. Holcombe Street 5. FYI: Metropolitan Council calendar of meetings FYI: Metropolitan Council - Notice of forum "Metro-wide GIS" FYI: Minutes - Stillwater Town Board, 9/28/95 - I'U' IiJIIIJllllIMU ~ Nt a'~"IAi""~""'I1',;,";nd."""'''''~''~~~'~'':'''"''~~~~'''''''' 1 lwater TIMOTHY J. BELL CAPTAIN .NALD L. BEBERG CHIEF OF POLICE ~ , THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT SEPTEMBER 30,1995 TO: DONALD BEBERG CHIEF OF POLICE FROM: LEO MILLER CODE ENFORCEMENT OFFICER REF: CODE ENFORCEMENT SEASONAL REPORT APRIL 1, 1995 THROUGH OCT 1,1995 DEAR DON, THE FOLLOWING REPORT IS IN REFERENCE TO THE 1995 CODE ENFORCEMENT ACTIVITES. AS YOU KNOW, CH~GES IN POLICY WERE ADOPTED THIS SEASON AS COMPARED TO THE PAST TWO YEARS. I BELEIVE THE CHANGES WERE VERY BENIFICIAL AND ARE AS FOLLOWS: 1. COURTESY LETTER A NEW COURTESY LETTER WAS DESlGNED WHICH INCORPORATED BOTH ABANDONED MOTOR AND NUISANCE COMPLAINTS. (PRIOR TO THIS TIME WE USED A SEPARATE LETTER FOR EACH COMPLAINT.) . THE VIOLATOR RESPONSE TIME LIMIT WAS SHORTENED FROM 15 DAYS TO 10 DAYS. 2. WARNING LETTER THE 5 DAY WARNING LETTER WAS ALSO MODIFIED TO ADDRESS BOTH ABANDONED MOTOR AND NUISANCE COMPLAINTS. RESPONSE TIME OF THE VIOLATOR WAS REDUCED FROM 10 DAYS TO 5 DAYS. IN EFFECT, A VIOLATOR NOW HAS ONLY 15 DAYS. IN WHICH TO COMPLY TO A COMPLAINT RATHER THAN THE PREVIOUS 25 DAY LIMIT. THE REDUCTION IN RESPONSE TIME HAS HELPED IMMENSELY IN SPEEDING UP THE PROCESSING TIME. MOST IMPORTANTLY, A NEIGHBOR DOES NOT HAVE TO LOOK AT SOMEONE'S MESS FOR 25 DAYS ONCE A COMPLAINT IS RECEIVED. 3. COMPUTER ENTRY ALL CASES ARE NOW ENTERED INTO OUR COMPUTER SYSTEM AND ASSIGNED A CASE NUMBER FOR PERMANENT RECORD.MORE TIME IS NOW REQUIRED TO MAKE SEPARATE CASE ENTRIES. HOWEVER. I AM NOW ABLE TO TRACK CASES MORE EFFICENTLY THAN PREVIOUS YEARS. e 4. ENFORCEMENT OF ORDANANCE 745, VEHICLES FOR SALE. CODE ENFORCEMENT WAS EXPANDED THIS SEASON TO INCLUDE THE ENFORCEMENT OF THIS ORDINANCE. AS YOU KNOW, VEHICLES CANNOT DISPLAY A "FOR SALE" WHILE PARKED ON A PUBLIC STREET. A NUMBER OF WARNING TICKETS WERE ISSUED FOR THIS VIOLATION, 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 ~tw"':t<~!",.",.,,;.. e e . 2 VEHICLE OWNERS QUICKLY REMOVED THE VEHICLES TO PRIVATE PROPERTY. THIS CONCLUDES MAJOR CHANGES MADE FOR THE 1995 SEASON. I HAVE SPENT APPROXIMATELY 10 TO 16 HRS PER WEEK ON CODE ENFORCEMENT ACTIVITES. THE TIME WAS USED TO PERSONALLY LOCATE VIOLATIONS,RECEIVE VIOLATIONS. REPORTED BY THE PUBLIC, PROCESS CASES AND PERFORM THE FINAL FOLLOW UP ACTIVITES. THIS INCLUDED PHONE CALLS AND PERSONAL CONTACTS WITH COMPLAINTANTS AND VIOLATORS. PRIOR TO THE JUNE 1995 CITY NEWS LETTER WHICH OUTLINED THE CODE ENFORCEMENT PROGRAM. I WOULD PERSONALLY "HUNT UP" APPROXIAMTELY 75% OF THE VIOLATI,ONS WITH 25% BEING PHONED IN BY THE PUBLIC. AFTER THE NEWS LETTER, WE WERE "SWAMPED" WITH CALLS FROM THE PUBLIC GIVING LOCATIONS OF VIOLATIONS. I ESTIMATE THE LAST SEVERAL MONTHS COMPLAINTS WERE GENERATED BY AN AWARE PUBLIC. I FIND THIS VERY GRATIFYING AS THE PUBLIC IS AWARE AND SUPPORTIVE OF THE PROGRAM. CODE ENFORC~~T ALSO BECAME INVOLVED IN RESOLVING THE BRUCE HOME ISSUE ON SOUTH HEMLOCK ST~'.' THIS PROBLEM WAS YEARS OVERDUE AND FiNALLY RESOLVED WITH ASSISTANCE FauM THE CITY COUNCIL, CITY ATTORNEY AND NILE KRIESEL. THE HOME WAS PURCHASED BY THE CITY AND TORN DOWN. NEIGHBORS REJOYCED. A SERIOUS GARBAGE ISSUED SURFACED INVOLVING TRUMPS RESTAURANT.GARBAGE WOULD OVERFLOW OUT OF DUMPSTERS CREATING A OPPRESSIVE SMELL AND UNSIGHTLY SITUATION. THE PUBLIC AND OTHER DOWN TOWN BUSINESS OPERATORS WERE VERY UPSET WITH THE SITUATION THAT EVENTUALLY WOULD ATTRACT RATS. NILE ASSISTED ME IN RESOLVING THE SITUATION AND THANKS TO NILE'S EFFORTS THE PROBLEM NO LONGER EXIST~ FOLLOWING IS A BREAKDOWN OF THIS YEARS CODE ENFORCEMENT ACTIVITES. TOTAL NUMBER OF CASES BY INITIAL COMPLAINT REPORTS. 87 TYPE AND NUMBER OF. INDIVIDUAL VIOLATIONS. (ONE CASE CAN CONTAIN SEVERAUSEPARATE VIOLATIONS) ABANDONED MOTOR VEHICLES MESSY YARDS HIGH GRASS/WEEDS OVERGROWN SIDEWALKS BRUSH PILES, SCRAP LUMBER AND LOW BRANCHES OVER SIDEWALKS BLIND CORNERS. HEDGES, ETC, BLOCKING INTERSECTION VIEWS. IMPROPERLY STACKED FIREWOOD OPPRESSIVE SMELLING DOG KENNELS 21 38 19 5 24 4 2 2 TOTAL NUMBER OF SEPARATE VIOLATIONS TOTAL NUMBER OF CASES CLEARED . '115 114 TOTAL NUMBER OF CASES PENDING 1 TOTAL NUMBER OF CITATIONS ISSUED o e e . 3 AS OF OCT 1. 1995 I WILL CLOSE MY PARTICIPATION IN THE CODE ENFORCEMENT PROGRAM. THIS IS DUE TO PERA PENSION REQUIREMENTS. I HAVE REACHED THE MAXIMUM DOLLAR AMOUNT ALLOWED FOR'THE YEAR. FUTURE CASES WILL BE TURNED OVER TO PATROL FOR THEIR ACTION AND FOLLOW UP. I DO NOT ANTICIPATE ANY LARGE NUMBER OF FUTURE COMPLAINTS DUE TO THE SEASONAL CUANGE OF COLD WEATHER AND SNOW. I FEEL THE PROGRAM IS WELL IN PLACE. FUNCTIONING AND VERY WELL RECEIVED BY THE PUBLIC. I WILL BE LOOKING FORWARD TO RETURNING APRIL 1. 1996 OR SOONER DEPENDING ON THE SPRING WEATHER. RESPECTIVELY. ~(.~ {J.OA j MILLER CODE ENFORCEMENT OFFICER cc: MAYOR KIMBLE CITY COUNCIL MEMBERS NILE KRIESEL DAVE MAGNASON CPT TIM BELL e MEMORIUM Date: October 3, 1995 To: Planning Commission From: Sue Fitzgerald Re: pioneer Park Meeting The design firm of stefan/Larson Associates, with Robert Williams, Landscape Architect, and Institute for Minnesota Archaeology have been selected to provide a master plan for pioneer Park. The design firm's first step in the process is to gather information from the current and future park users. There will be a public meeting on October 18, 1995. The meeting will be held at city hall at 7:00 P.M. The purpose of the meeting is to gather residents and interested parties concerns and ideas for the park. The following issues have been outlined as needing to be addressed as a part of the study: -Park Design -Historical Context -Archaeological Investigation -Landscaping -Park Activities and Use -Lower Park Use -Trail system -Maintenance Concerns -utilities Questionnaires will be available for response. A project schedule will be discussed. The team will next develop several concepts. Additional public meetings will be scheduled throughout the project for input and review. If anyone is unable to attend the meetings they can pick up a questionnaire at Stefan/Larson Associates. 807 North Fourth Street, stillwater, MN 55082. If you have any questions, please contact planning department. Ie e e e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: September 12, 1995 RE: APPEAL OF PLANNING COMMISSION APPROVAL OF 20-UNIT HOUSING PROJECT LOCATED AT WEST ORLEANS AND CURVE CREST BLVD SUP/DP/95-60 LONNIE KORNOVICH APPLICANT An appeal to the planning commission decision to approve the 20-unit housing project was received within the 10 day appeal period (attached). The appeal has be~n set for council public hearing for your meeting of October 17, 1995. This item is for your information only - no action required. Attachment. September 20,1995 e We the concerned Citizens of the Highlands development in the City of Stillwater are hereby appealing the decision of the City Planning Commission for Case No. DP/SUP/95-60 on September 11, 1995. The reasons for this appeal are as follows: 1. The Design Review Commission needs to satisfy the concerns of the parties directly adjacent to the proposed development with regards to the location and type of fencing. 2. This development shall implement the Minnesota Multi Housing Program. 3. The City must implement some type of traffic control (preferably a stop light) on the corner of West Orleans St. and Curve Crest Blvd. 4. No unit shall be used for exterior storage such as trash containers, bikes, camping equipment, swimming pools, etc. 5. No noxious or offensive activity shall be carried on upon the property, nor shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood. 6. These covenants are to run with the land and shall be binding on all parties and all person claiming under them. e Bob & Rachael Bugbee 1427 Lydia Stillwater, MN 430-3567 Tim Mathews 1119 Gilbert Ct. Stillwater, MN 55082 439-4073 ~~~~ Greg Hanson Mike and Deb Nolan 1363 Benson Blvd. Stillwater, MN 55082 439-3352 e e e e STILLWATER CITY COUNCIL MINUTES Regular Meeting September 19, 1995 The Meeting was called to order by Mayor Kimble. 6:00 p.m. Present: Councilmembers Bealka, Cummings (arrived at 6:50 p.m.), Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Consulting Engineer Moore Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Pete Smith, Dennis V onasek, Steve DeMars, Leslie DeMars, Peg Leutele, Monti Moreno, Richard Anderson, James Mailand BWBR- CITY HALL BUILDING PROJECT Council met with Pete Smith and Dennis Vonasek ofBWBR to discuss the City Hall Building project. Council was asked to give their reaction to various architectural elements. (Council recessed at 6:55 and reconvened at 7:15 p.m.) APPROVAL OF MINUTES Councilmember Bealka noted on the September 5 Regular Meeting Minutes, page 2, he left the meeting at 5:05 p.m. with the City Attorney. Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the minutes of August 29, 1995 Special Meeting and Executive Session; and September 5, 1995 Regular and Recessed Meetings as corrected. All in favor. OPEN FORUM Steve DeMars, 2307 Hidden Valley Lane addressed Council on a request by Monti Moreno for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. He asked that Council Stillwater City Council Minutes Regular Meeting September 19, 1995 e deny this request, as the covenants were put in place to protect the neighboring property owners. Peg Leutele, property owner adjacent to the property in question, also addressed the Council and asked that the request be denied. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda for September 19, 1995, including the following: 1. Resolution 95-201 Directing Payment of Bills 2. Resolution 95-208 Accepting Proposal for emergency repair of North Second Street stone tunnel. Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None STAFF REPORTS 1. Community Development Director - e Community Development Director Russell updated Council on the proposed condominium project on the UBC site, and the plans for a grocery store at the Maple Island site. 2. City En~ineer - City Engineer Eckles updated Council on the seal coat issue on Eagle Ridge Court and stated that the homeowners have agreed to share in the cost of resealcoating the cul-de- sac next year. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the payment of $1,250 to Infra Structure Technologies, Inc. for costs associated with repairing the blocked sewer service which occurred during the Myrtle Street Concrete Rehabilitation Project, L.I. 307. All in favor. 3. Consultin~ Engineer - Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt the appropriate resolution approving the plans and specifications and to obtain quotes for the drainage project at e 2 e e e Stillwater City Council Minutes Regular Meeting September 19, 1995 Williams and Wilkins Streets. (Resolution 95-209) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None UNFINISHED BUSINESS 1. Resolution 95-202 Correcting Resolution 95-192. Reapportionment of special assessments for PID 9032-2050. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution correcting Resolution 95-192, Reapportionment of special assessments for PID 9032-2050. (Resolution 95-202) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Resolution 95-209. Reapportionment and Reassessment of Special Assessment for PID 9032- 3025. L.I. 301. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the reapportionment and reassessment of Special Assessments for PID 9032-3025, L.I. 301. (Resolution 95-209) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Resolution 95-210 Awarding Contract for consultant services for preparation of Pioneer Park Master Plan. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution awarding the contract for consultant services for preparation of Pioneer Park Master Plan to Stefan/Larson Associates for $12,750, and approving a survey of the park at a cost of $2,250. Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3 Stillwater City Council Minutes Regular Meeting September 19, 1995 e 4. Resolution 95-212 Acceptin~ bid and awardin~ contract for County Road 5 landscapin~. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution accepting the bid and awarding the contract for County Road 5 landscaping to Minnesota Valley Landscape, Inc. in the amount of $34,750 plus alternate of $4,000, and to direct staff to look at the possibility of using the remaining funding for landscaping of McKusick Road. (Resolution 95-212) Ayes - Councilmember Cummings, Thole, Zoller and Mayor Kimble Nays - Councilmember Bealka 5. Appraisal results for properties located south of McKusick Road and west of Neal Avenue. ~ Motion by Councilmember Cummings, seconded by Councilmember @Qmm;nw: to direct Staff to pursue negotiations for purchase of five parcels of property located south of McKusick Road and West of Neal Avenue. All in favor. (Council recessed at 8:10 p.m. and reconvened at 8:20 p.m.) e COMMUNICA TIONS/REQUESTS 1. Monti Moreno - Request for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Monti Moreno addressed Council and stated that he has changed his request, and rather than remove the covenants, he is requesting that he be allowed to use the parcel for a beauty salon business, which he believes fits the intent of the covenants. Leslie DeMars, 2307 Hidden Valley Lane, addressed Council and stated that she does not believe a beauty salon meets the intent of the covenants. Motion by Councilmember Cummings, seconded by Councilmember Thole to refer to the Planning Commission a request by Monti Moreno for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Ayes - 3; Nays - 2, Councilmembers Bealka and Zoller. UNFINISHED BUSINESS (Continued) 4 e ~p~ e Stillwater City Council Minutes Regular Meeting September 19, 1995 4. Resolution 95-212 Accepting bid and awarding contract for County Road 5 landscaping. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate resolution accepting the bid and awarding the contract for County Road 5 landscaping to Minnesota Valley Landscape, Inc. in the amount of $34,750 plus alternate of $4,000, and to direct staff to look at the possibility of using the remaining funding for landscaping of McKusick Road. (Resolution 95-212) Ayes - Councilmember Cummings, Thole, Zoller and Mayor Kimble Nays - Councilmember Bealka 5. Appraisal results for properties located south of McKusick Road and west of Neal Avenue. Motion by Councilmember Cummings, seconded by Councilmember Bealka to direct Staff to pursue negotiations for purchase of five parcels of property located south of McKusick Road and West of Neal Avenue. All in favor. (Council recessed at 8:10 p.m. and reconvened at 8:20 p.m.) COMMUNICATIONS/REQUESTS 1. Monti Moreno - Request for removal of land use restrictions and covenants for vacant. property located between Kindercare and Brooks Superette on County Road 5. Monti Moreno addressed Council and stated that he has changed his request, and rather than remove the covenants, he is requesting that he be allowed to use the parcel for a beauty salon business, which he believes fits the intent of the covenants. Leslie DeMars, 2307 Hidden Valley Lane, addressed Council and stated that she does not believe a beauty salon meets the intent of the covenants. Motion by Councilmember Cummings, seconded by Councilmember Thole to refer to the Planning Commission a request by Monti Moreno for removal of land use restrictions and covenants for vacant property located between Kindercare and Brooks Superette on County Road 5. Ayes - 3; Nays - 2, Councilmembers Bealka and Zoller. UNFINISHED BUSINESS (Continued) e 4 , e Stillwater City Council Minutes Regular Meeting September 19, 1995 6. Recommendation: License Fees. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct staff to schedule a public hearing on October 17, 1995 on a proposed increase of the Liquor On-Sale license fee from $2,000 to $2,500. All in favor. Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the increase in license fees as proposed: Wine On-Sale to $250, 3.2 Beer On-Sale to $100, 3.2 Beer Off-Sale to $50, Liquor On-Sale Club to $350, Cigarette to $250, Investigation fee to $250, and Transfer fee to $250, removing the mandatory yearly increase, and to direct the City Attorney to prepare the ordinance amendments. All in favor. 7. Report: Response to request for trail from Pine Tree Trail to Lily Lake School. City Coordinator Kriesel updated Council on the Pine Tree Trail walkway issue. ISD 834 will continue to work on the issue and City staff will monitor the progress as necessary. e 8. Set date for workshop - Deer Path traffic (tentative date: October 3. 4:30 p.m.) Motion by Councilmember Cummings, seconded by Councilmember Thole to set a workshop on the Deer Path traffic issue for October 3 at 4:30 p.m. All in favor. NEW BUSINESS 1. Resolution: Management Agreement Renewal - Lily Lake Ice Arena. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution renewing the 1995-96 Lily Lake Ice Arena Management Agreement with St. Croix Catering, removing the surety bond requirement, and increasing the lease fee to $11,440. (Resolution 95-213) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 2. Resolution Authorizing application for Mighty Ducks funds. James Mailand, Bonestroo Rosene Anderlick & Associates, was present to discuss the application process. . e 5 ( 't Stillwater City Council Minutes a Regular Meeting . September 19, 1995 Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution authorizing the application for Mighty Ducks funds (Resolution 95-214) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None (Council recessed at 9:35 p.m. and reconvened at 9:45 p.m.) 3. Resolution Ap"provin~ Sunday On-Sa~.e Liquor License - Stillwater Lod~e No. 179 BPOE. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate resolution approving the Sunday On-Sale Liquor License for Stillwater Lodge No. 179 B.P.O.E. (Resolution 95-211) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4. Resolutions: Settin~ hearin~ on proposed assessment - L.I. 304, Myrtlewood Addition (Res. 95-203) L.I. 306, Highlands of Stillwater (Res. 95-204) L.I. 307, Myrtle Street Rehabilitation Project (Res. 95-205) L.I. 312, 1995 Street Improvement Project (Res.95-206) L.I. 274-3, City Sidewalk Replacement (Res. 95-207) e Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt the appropriate resolution setting a public hearing on October 10, 1995 at 7 :00 p.m. for the proposed assessments on the following projects: L.I. 304, Myrtlewood Addition; L.I. 306, Highlands of Stillwater; L.I. 307, Myrtle Street Rehab~litation Project; L.I. 312, 1995 Street Improvement Project; and L.I. 274-3, City Sidewalk Replacement. (Resolutions 95-203, 95-204, 95-205, 95- 206, 95-207) 5. Possible first readin~ of ordinance amendin~ Ordinance 807. Establishin~ Human Ri~hts Commission. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution setting the membership terms as recommended. (Resolution 95-215) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None e 6 I. ' e e e . 11 Stillwater City Council Minutes Regular Meeting September 19, 1995 Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of an ordinance amending Ordinance 807, Establishing a Human Rights Commission, by deleting "no more than one-half of the terms may expire in any given year" and replacing it with "In any one year no more than five (5) terms may expire". Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nay - None COMMUNICA TIONS/REQUESTS 2. Kinsel's Liquors - Excavation and repair costs. Motion by Councilmember Cummings, seconded by Councilmember Bealka to submit the claim against the City by Kinsel's Liquor to the City's insurance carrier. All in favor. COUNCIL REQUEST ITEMS Motion by Councilmember Thole, seconded by Councilmember Zoller to amend the retroactive sewer charges for the Sutherlands and Russells to $600, interest free, payable over 5 years. Ayes - 4; Nays - 1 Councilmember Cummings. STAFF REPORTS (Continued) 1. City Coordinator - Motion by Councilmember Thole, seconded by Councilmember Bealka to submit a claim against the City by a property owner on West Linden Street to the City's insurance carrier. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Bealka to adjourn the meeting at 10:05 p.m. MAYOR ATTEST: CITY CLERK 7 . " , I Stillwater City Council Minutes Regular Meeting September 19, 1995 e Resolutions: 95-201 - Directing Payment of Bills 95-202 - Correcting Resolution 95-192, reapportionment of special assessments for PID 9032- 2050. 95-203 - Setting assessment hearing for L.I. 304, Myrtlewood 95-204 - Setting assessment hearing for L.I. 306, Highlands of Stillwater 95-205 - Setting assessment hearing for L.I. 307, Myrtle Street Pavement Rehab. 95-206 - Setting assessment hearing for L.I. 312, 1995 Street Improvement Proj. 95-207 - Setting assessment hearing for L.I. 274-3, City Sidewalk Replacement 95-208 - Emergency repair of North 2nd Street stone tunnel 95-209 - Reapportionment and reassessment of Special Assessments for PID 9032-3025, L.I. 301 95-210 - Awarding contract for consultant services for preparation of Pioneer Park Master Plan 95-211 - Approving Sunday On-Sale Liquor License, Stillwater Lodge No. 179 B.P.O.E. 95-212 - Accepting bid and awarding contract for County Road 5 landscaping 95-213 - Lily Lake Ice Arena Management Agreement renewal 95-214 - Authorizing application for Mighty Ducks funds 95-215 - Setting terms for Human Rights Commission members e 8 e " ..... e e e MINUTES Special Meeting September 26, 1995 The Meeting was called to order by Mayor Kimble. 7:00 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel . City Attorney Magnuson Community Development Director Russell Building Official Zepper City Clerk Weldon Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Howard Lieberman, Roger Tomten, Jeff Johnson 1. Workshop on City Processes. Council met with staff in a workshop session to discuss processes that are followed for City related services and/or functions. City Coordinator Kriesel explained the contents and order of presentation of information. City Attorney Magnuson gave an overview and history of the zoning ordinance. He also reviewed the processes followed in approving the Lumber Baron's Hotel project. Community Development Director Russell summarized the departmental review process. (Council recessed at 8:10 p.m. and reconvened at 8:30 p.m. Councilmember Bealka left the meeting at recess). Motion by Councilmember Thole, seconded by Councilmember Cummings to delete all references to the Design Review Committee in ordinances, and to call that body the Heritage Preservation Commission. All in favor. Motion by Councilmember Zoller, seconded by Councilmember Thole to direct staff to bring back an ordinance with appropriate additions and deletions for a second reading. All in favor. (Council recessed at 9:15 p.m. and reconvened at 9:25 p.m.) Stillwater City Council Minutes Special Meeting September 26, 1995 2. Fence Request at 903 North Fourth Street. Council discussed a request to increase the height of a 3 ~ foot fence to 6 feet. Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the additional height (6 foot maximum) of a fence at 903 North Fourth Street for public safety concerns, subject to approval by the Community Development Director. All in favor. 3. Ice Arena Request. Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the expenditure of $8,000 in 1995 for locker rooms at the Lily Lake Ice Arena, which was previously included in the 1996 capital outlay budget. All in favor. 4. Building Permit at 211 West Elm. Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the building/moving permit for a garage at 211 West Elm Street. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 9:50 p.m. All in favor. MAYOR ATTEST: CITY CLERK 2 ~ J ~ "jo e e e e LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-216 - A S L A AT&T A T & T Wireless American Payment Centers Aspen Equipment Bailey Construction Bell, Timothy Board of Water Commisioners Bruner-Eddy, Jennlier Bryan Rock Burmaster, Russell Business Equipment Bokerage Business Records Corp Capital Communications Capitol Supply Community Volunteer Services Construction Materials Coordinated Business Systems Copy Cat Courier Deblon, Diane Desch, Mark & Gloria Ecolab Fire-Guard Sprinkler Services Glaser, Paul Global Engineering Publishers Gopher State One-Call Gov't Accounting Standard Board Int'l Assn of Chiefs of Police Johnny's T V Kangaroo Self Storage Labor Relations League of MN Cities Legislative Associates Magnuson, David Maritronics Meyer Sewer Service Midwest Machinery Miller, Davin MN County Attorney's Assn Ness, George North Star Int'l Trucks On Site Sanitation Pony Express Reloaders R L K Associates Sanders Wacker Wehrman Bergley Seim, Margaret S hiely Snap On Tools Snyder Drug St Croix Animal Shelter Book-"Better Place to Live" Long Distance Mobile Phone Box Service Compressor Repair Payment #2-LI 310 Fire Chief's Conference WAC Meals Rock Janitorial Services Ink Cartridges Maint Agreement-Voting Machines Maint Agreement/Leather Cases Drum Trap Covers 1995 Allocation Crack Sealer Maint Agreement Brochures/Business Cards/Forms Legal Publications Mileage/Health Insurance Parking Lease/Maint Pest Control Plan Review Boiler Engineer Publication Utility Locates Subscription Renewal Training-Bell Tape Transfer Storage Rental Consultant Services Worker's Comp Ins/Membership Monthly Retainer Legal Services Traffic Counter Repair Llit Station Pumping Blade Sharpening Clothing Code Books Gasoline Filters Portable Restrooms Ammunition Comp Plan Landscape Services-Levee Wall Meals Sand Tools Film/Batteries/Dog Food Boarding Fees 33.45 142.24 157.90 75.00 2,448.93 28,509.50 105.00 9,949.50 31.99 87.17 630.00 105.08 1,700.00 577.41 10.02 2,831.25 611.52 153.10 253.27 60.48 362.71 742.30 218.33 515.00 200.00 86.63 88.00 120.00 360.00 21.30 176.00 805.00 43,337.25 500.00 7,154.79 272.08 1,125.00 20.00 294.00 242.61 10.00 36.36 2,261.90 406.83 350.00 225.00 32.73 23.21 68.28 44.56 390.65 St Croix Office Supplies Stillwater Area Chmaber of Com Stillwater Gazette Stillwater Motors T A Schifsky T H T Inc Tower Asphalt Treadway Graphics U S West Cellular Woodchuck Tree Service Yocum Oil MANUAL CHECKS-SEPTEMBER 1995 Blue Cross/Blue Shield of MN Government Training Service Junker Sanitation MN Dept Of Revenue Munici-pals Specialized Training Services U S Postmaster ADDENDUM TO BILLS CATCO Courier Deblon, Diane Junker Sanitation Legislative Associates Metro Waste Conrol Commission Ness, George Northern States Power Sensible Land Use Coalition U S West U S West Cellular Office Supplies 1995 Cooperative Funding-Tourism Ad-Holcombe St Site Repair Parts Asphalt Tanker Truck Repair Final Payment-Jr High Parking Lot DARE Supplies Cellular Phone Stump Removal Gasoline/Diesel/Fuel Oil August Payment Building Code Seminar September Payment Sales/Use Tax Fall Meeting Training-Miller /Cincotta Postage-Meter Rebuild Drive Shaft Assembly Legal Publications Mileage Garbage Bags Sold Consultant Services SAC Cellular Phone Gas/Electric/Street Lighting Meetings-Russell Telephone Mobile Phone TOT AL: Adopted by the City Council this 3rd day of October, 1995. APPROVED FOR PAYMENT 405.88 3,000.00 48.00 52.12 924.23 288.96 24,102.86 138.41 279.03 247.05 228.88 e 5,957.89 60.00 91,945.00 204.00 54.00 338.00 1,000.00 186.54 37.93 8.40 318.75 750.00 4,484.70 242.82 17,679.95 60.00 1,568.66 23.08 -------------- -------------- 263,598.47 -------------- -------------- e ... e e e ... MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODlE ARVOLD JODI JANTZ September 19, 1995 Modi Weldon City Hall 216 North 4th Street Stillwater, MN 55082 Dear Modi: Enclosed is a Deed from School District 834 that will rededicate an extension of South Holcombe Street at the Hancock intersection. This concept was approved by the Engineering and Planning Department some time ago, and is all done to clear up the title to some adjacent property owned by the Harriet Schubert Estate and the School District. This should be placed on the agenda for acceptance by the City as a dedication. It could be done on the consent agenda. The deed should then be recorded. Please let me know if you need any help with this. Yours very truly, ~ David T. Magnuson DTM/jkj cc: Dave Newberg enclosure ',. 'Jo , .--f-"Im1I,l!L3J-:M=,QVII,.G,LA.IM,Q~~Il_ __MJnne~9.!LU!l!.!Q!'II1Sonvel.!!l.9!!L!!!a.!!..ks (1978) Corporation or Partnership < "':!O Corperation or Partnership Mi1ler-Oa.Yisk. Minnea'p'~~. e No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ 1.65 September 13 Date: ,19~ (reserved for recording data) FOR VALUABLE CONSIDERATIONJndependent School Di stri ct No. 834 ,a corporation State of Mi nnesota , Grantor, hereby conveys and quitclaims to the Ci ty a municipal corporation Washington under the laws of Sta te of Mi nnesota County, Minnesota, described as follows: under the laws of of Stillwater , Grantee, , real property in Easement for public roadway and utility purposes as described on the attached Exhibit A. Total consideration for this transfer is less than $500.00. e tif more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. Independent School District No. 834 BY~~~~ Its C':T F.l!IC Afflx need Ta:, Slamp Here By COUNTY OF Washington } ss. STATE OF MINNESOTA The foregoing was acknowledged before me this by Lyman E. Geary the Chair~erson of lndependen ~chool Ulstrlct NO. ~j4 under the laws of the State ot Mlnnesota 13th and and day of Seotember Karen E. Rose Clerk ,19~, NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) er DANIEL C. PARKER NOTAlY PUIUC.M/NNIIOTA MY COMMISSION EXPIRES JANUARY 31. 2000 Tax Statamanta for Ih. rotl prop.rty d.ocrlb.d In thla Inllnunlll11 mould be lent to (Include Dame and addl'" of Orat..): fTiisiNSTRUM'ENT W AS DitAFTED BY (N AMiAND ADDRESS); e HOLSTEN LAW OFFICE, P.A. 124 S. Second Street P.O. Box 206 Stillwater, MN 55082 " ~ .r . el An easement for public roadway and utility purposes over, under and across all that part of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter, all that part of the East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter. all in Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, said easement being described as follows, to wit: Commencing at the southwest corner of Block 9, Churchill, Nelson and Slaughter's Addition to Stillwater, Washington County, Minnesota, thence southerly along a southerly projection of the westerly line of said Block 9 and along a line hereinafter referred to as IILine All 30.00 feet to the end of said IILine All and the point of beginning of the easement being described; thence westerly parallel with a westerly pro- jection of the southerly line of said Block 9 a distance of 29.28 feet. more or less, to the easterly line of said East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter: thence nort6- erly along said easterly line 26.76 feet, more or less, to the north- easterly corner thereof; thence westerly along the northerly line of Ie said East Half of the Northeast Quarter of Southeast Quarter of the Northwest Quarter 29.91 feet, more or less, to the northeasterly corner of the West 300.38 feet of said East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter; thence southerly along the easterly line of said West 300.38 feet a distance of 60.00 feet. more or less, to the southerly line of the North 60.00 feet of said East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter; thence easterly along said southerly line 29.21 feet, more or 1 e s s, to sa ide a s t e r 1 y 1 i n e 0 f the E a s t Hal f 0 f the Nor the a s t Qua r t era f the Southeast Quarter of the Northwest Quarter; thence northerly along said easterly line 3.24 feet, more or less, to its intersection with a line drawn parallel with and 60.00 feet southerly of said westerly pro- jection of the southerly line of Block 9; thence easterly along said parallel line 29.26 feet, more or less, to the intersection with a southerly projection of the before described IILine A"; thence northerly along said projected line 30.00 feet, more or less, to the point of beginning. . The above easement is granted subject to and together with any other valid easements, reservations or restrictions. I I , -.. e ,'4 < . e e e , e"- RESOLUTION NO. 95- APPROVAL OF CHANGE ORDERS UNITED BUILDING CENTER NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Orders Nos. 03050-2, 31950-1, 36959-1, and 39950-1, a summary of which is attached as Exhibit A, are hereby approved; and the appropriate councilmember and staff are hereby authorized to sign the necessary forms. Adopted by Council this 3rd day of October, 1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk GJO # 03050-2 31950-1 36959-1 39950-1 CHANGE ORDERS FOR APPROVAL - SUMMARY RE: UNITED BUILDING CENTER, STILLWATER CONTRACTOR CHANGE Miller Excavating Soil correction inside Metal Bldg. & NW corner of driveway Telar Industries Omit Surety Bond Fire-Guard Sprinkler Change in Metal Bldg. wall heights change center storage sprinkler Gephart Electric Telephone conduit computer receptacles wall pak shields .11 AMOUNT + 4,310.00 90.00 + 11,035.00 e + 5,737.00 e &:~. ~ e CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT ADDRESS 100 IYlPrl M9 c+ PHONE No.lf!xJ-S'6Jr; WHEN 010 EVENT OCCUR? A{fJd-;..M {1 0/1. j9 ~ (p'p ;...;::tJ) WHERE DID EVENT OCCUR? 501(% e~ <1 V"A.'1 PL)p-1!RAr WHAT HAPPENED? 0'" 5 tJ j f' lils (fl, s twd-'I"\ Tf(i 'fVo. ~ b ~ -~ ~ IftL..s '^) II, ~ P \,j!, 'V'-u ; n a II,) (l--1u tMi <J. RA1/uA fi"....., '4r:~5'1:J/~~ ~ ~j;)~~ ~ t:!; - , _ _l.-/ ~ g__~ MA-I" _~c. 0/ _,'~ ~I.{<;k> WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? J/w. t;M',o!f)s. c",.,~~,;/-,iM t<.)/1s ~~O ~ 1h- G.7 1- t,-f,IW~ ' e STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED~ ~~~ Ii r:t::; ofP 1iA0 - $30 ~: A ~)::t l~ r, - ~---- Tn1A/ 'r-r, ~I Il:P:- __~ 0--~Wt6.42 NAME OF PERSON MAKING REPAIR; OR GIVING C~ ~ /It..p 1Uf;J2. l.A- ~~ - ~ ~~ ct: ;L elLie> ~~1oi$ ~~ - --rf..q/~ ?/v l'l~ 'DATE t You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. flok; I TA-If et2 -t,; I ['>>A. tll-DfrI-e. "" I tds~. A---r...., t,L-L,-(^)..../?, Ik ' 5A--i 12 ~ wtru%2 h-r/L a/J- ~ JA~k~ ~ OH-.{ 11'-1- iJ ~ - M /'--tLW'- CJr(LRJ? W, J....~.x f'A.5t;~ Iv.. /qrWd-r~-~, e w~ J: 12ft) ,lAk ^,~;l",.h~' It r k.t ~ ~i~. ~1AiY. ,er.~ fA c-I ,fTM. F~ tA a.. F~I ~ ~ M/) if b<-. ~tJ, fi-<- rAY; t()t-(t.,:}A. '3t> JlA; > . e e e v MEMORANDUM TO: Mayor and City Council FROM: Allen O. Zepper, Building Official $; September 29, 1995 DATE: SUBJECT: Cindy Geis as Permanent Full-time Assistant Building Inspector Cindy has learned the basic principles of codes to a point of being able to make routine residential inspections and give telephone interpretations with a great deal of confidence. This is fantastic considering she has only been involved with codes for 6 months. She is fortunate in that she recalls what she observes the first time, eliminating the need of repetitive training. ,~ .~ Cindy attends night school on her own with a 4.0 grade point average to present. This will lead to a degree in Inspection Technology. These classes are also required by State Statute before she can take the State Certification Examination. Present scheduling indicates Cindy will complete the four classes and one year experience required to take the state certification exam approximately May 1, 1996. She works well with the public, is computerizing the Inspection Department to become more efficient and is enthusiastic about her work. RESOLUTION NO. 95- e APPROVING PERMANENT EMPLOYMENT OF CYNTHIA GElS AS ASSISTANT BUILDING INSPECTOR BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent employment of Cynthia Geis as Assistant Building Inspector from and after October 1, 1995, having served a probationary period of six months, is hereby approved. Adopted by Council this 3rd day of October, 1995. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e e e ~ CITY OF STILLWATER MEMORANDUM DATE: September 29, 1995 TO: Mayor and Council FROM: Klayton Eckles, City Engineer SUBJECT: Acceptance of Proposal for Construction of Basketball Court DISCUSSION Staff received two quotes for the construction of a basketball court at Staples Field. The project involves removing the old blacktop, adding additional gravel, putting down new blacktop and constructing a new 10 foot high chain link fence and two basketball standards. The quotes were as follows: Schifsky $21,140.00 Tower Asphalt $18,500.00 Attached is a letter from a resident opposed to a basketball court at this location. RECOMME~J>ATIQN Based on the bids described above, I recommend council direct staff to hire the services of Tower Asphalt to construct a basketball court. RESOLUTION NO. 95- APPROVAL OF CONTRACT BETWEEN CITY OF STILL WATER AND TOWER ASPHALT FOR CONSTRUCTION OF BASKETBALL COURT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Contract for construction of a basketball court at Staples Field, attached hereto as Exhibit A, by and between the City of Stillwater, Minnesota, and Tower Asphalt is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 3rd day of October, 1995. Jay L. Kimble, Mayor ATTEST: Modi Weldon, City Clerk t' ~ e e e --~-- . e e 10 Th-e.. ~tj of ~i7f/wcJft 1hTs Ce+~ I~ (n fJt::J~[15 10 iI>~ fLeD:) fJc8,J:e( OoJ l Qwr2f TD te fV' up of) ~e (!o~ of- mol?- thee ()f)(J Aspen.. ' . (u~ uve on 4o/LOf//Ct().:J Luh7V7 7s ~73ht- on the- @~en~ cct wl/le;ns OJ/[J rn~-(hcc~ OJ1Q ~5ht&eeu(j be!l,(i2 LUhEltc 1f1e b:J.stetuJI 0x?t wIll be~ we ~ ~reeeneD cJnLYt .~~ 9o~n3 If) txc~ loc h6.l),€- liveD hLl2e /~ ~(JJ.f'S ontJ, ~o L.ue- w-ere "-erG L0hen1-her~ LuO--S CL bQsk--e,+b:Lll ~()('t- --\-t\erC'- befor ~ ~ lL>c pu+- U P tDttII aJeA of hW'('a..=,S/0Cj be-h. CLVI or. 11\. ere. . were ~ \-e... #\er c:. cd:: cJ\ hD\)('~ 0+ -\--h e &~ c\s)tD .(\1~Kr. -:1-\-5 &ffi~o rt +0 .-::,~ whm ~oO \r\eClf' ~L \r.))ordfn3 ~b~lc:*W \ .. =r+5oJ~ 0- ve0J "t('(\:>,-\o;t'E flj Y\O\ s.e. o::t ~ti' h.c:D'lS 0 f- ~ d~. \\::.tf \e: ludt-r D\Je( ~ffe QilJ) r \CllJecD ~\ ~t:D5 Veftj \Dl)cDl~. ~(Y\es LD~ vc00 \ & oi:> \L -tt\e.(l\ ~ ~ci ~ -10 --tor n (~dh~cD (\ Q() & ~ Uj)0\D- ~\~.~+~s -\-he:\ (uoolD -luU'< l+ up \CO&~ 0.1\& Lcw3\h ctboot\T.. ~ l~ ~~o ~-e:: yfJ ~'(r11 orYY SlDea.r-;' (\.:; ~ \^:+ DP Wtfu.., ~~ \.u~~m.r '-\-hO-.:t \f3hT5.> I~\\ \oe- f.J+ ~f\ wY\\~ \.,~\\ \ae ~~(')~ ()3 ~~ Ife-O~\6 u.)lr[;al0S. I-r~ Jus-\' -\-tD ~\Dse -+0 -r:or \5 Y1Gmes.. '3;.E we.. 'r.cJ) (YICX' "- d f siurJ(!''E- .e ( .'..;,o":"':~:,.~, 'ttT'.. ~.. ""'-c- e ~, .. . .0 . .. .' I te-\iueenT'r\~-~a 0 r+ a-Yl.0J l=e-o p \e~. VI D me S Dr+- _.~ '. ..l~0\&}\oe. .,f-, f\t:-" ... .. :. ..':. . -- _ ;loY'\Xt O-\\)'\ D \- ~p \ e. ~ t\ -Tt\ e. (L( -eCL ~o u l J) J\ \:-~ .-m .~~ ~s .~ sW~n3' (t(.fl}c-n~e(Lj CC- ! 'r0g~ (',\(\\C ~0-T t(\EoC -The- 'Co::J sin -+h ~ .. ilD\C\-teX\ IDe.Y\eo.{' t-It~ it, P(OPO~ +tv--t (!) \\ ~l\ CL- S\l'CJ \ \(L\ (\ Ie. \j..) ~ ~ ~ .~ 'De.. mOiJe- \ (\ T-h e.. . . .... \e~ :H1c.) 'jtClf,'... we.. I'i:\te 00 -~'he. ~t,~'\\tSf' -....- .1~:JVrt. \o~ ~e,-r'\{\lc. ~r')Q ux. nDf1@.e. LDho l{,)~es ..~~ ('{)o~:ro I+s. ~e .'oc~s ,who (J IcU1 !'0~- *J OS'e.-therL: oJ) +he.t7me.~ :-I1IeCe- .\::> .m \':) .\a(\~+he. \Jo~ S . \,utI \ . nDt- . .., .. ,be ab\e. ~-f' lOj \\~~~ L0Def)of her lc.7JJ.:s ....__ O-i\D.0i2 ~\b_t0o-A.+ ~= S~IGd~,Hqhts '" DCecJc, 001-: .~e .\f\€'{+bif. stcDe ~s TO . . . L)lve \(\~'~f~ yves; +heb~s S0jY\~-+h~n3 , --.. :. ~:-& C) ~(\ . ~~ n~5htor hcoC\ .\+ K.eefs-fPreti\ . . .. ~.O u-t-ck ~\ro0 D l~--- --:-~~ rot. xn0 m fGr--- --\:\\eJ11 .., .._ .'l-to .d&D 9(\..\0~(\+er'. .~\mse,.. Qcf)SJ~ cQ." '.. .. .."I1c:0..~ (\f\r:-w{'- :tkse.bo~s)~ are. .the , 0(\(:-:5 i.0Y\D. .~. me pa.f L +he }Y)o-.)-(-. . , ... --rr'afLt 0 0 . .. ..~. 'f. .. 6-fl. -, "-If.) I I.u.. 6./; j):/m ~~ e "... . ... "'~' \""N'" ""c" .~ ... l. (' .. L.. ~~ r.:~~:- ,;.......,.., e e e 1 .. S~ 9l1te ZJ~ ~~~~ ~ 1fJ. '1teu, 9cU e"4 September 27, 1995 MEMO: TO: Modi Weldon, City Clerk FROM: George Ness Fire Chief RE: Fire Truck Bid Acceptance Would you please put this request into the Council packets. The Pierce Manufacturing Company of Appleton Wisconsin has submitted the only bid for the manufacture of the Fire Pumper. Two other local Manufactuors were also solicited to bid to the specifications drawn up by the Truck Commitee of the Fire Department. I would recommend that the City Council award the bid acceptance to Pierce. If there are any questions please contact me anytime. 216 ~ 9~ SNee, ~fe1I. 11t'1t SSOK2 (612) 439-6120 (612) 439-131K (612) 439-1313 leu (612) 439-0456 <Pletce > f!lJ~ 0/ Ute f!7~ (: e September 25, 1995 PROPOSAL For Furnishing PIERCE FIRE APPARATUS ********************* City of Stillwater 216 North Fourth Street Stillwater,~innesota 55082 ( ". -' The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce ~anufacturing Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Pierce 1750 GP~ pumper mounted on a Lance chassis with related equipment for the sum of.................................$319,030.00 Said apparatus and equipment are to be built and shipped In accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 180 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at: City of Stillwater The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not e e ~. Page 1 . . ' RESOLUTION NO. 95- e ACCEPTING BID AND AUTHORIZING PURCHASE OF 1750 G.P.M. CUSTOM CHASSIS PUMPER FROM PIERCE MANUFACTURING COMPANY WHEREAS, pursuant to a request for bids for the purchase of one 1750 G.P.M. Custom Chassis Pumper and related equipment, bids were received, opened and tabulated according to law; NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the purchase of one Pierce 1750 G.P.M. Custom Pumper and related equipment from Pierce Manufacturing Company of Appleton, Wisconsin, for a cost not to exceed $319,030.00, is hereby approved. Adopted by Council this 3rd day of October, 1995. Jay Kimble, Mayor e Attest: Modi Weldon, City Clerk e e e . CITY OF STILLWATER MEMORANDUM DATE: September 29, 1995 TO: Mayor and Council L~/ 'I FROM: Klayton Eckles, City Engineer SUBJECT: Proposals for Completion of the Good Samaritan Storm Water Project DISCUSSION Bids for the Good Samaritan Storm Sewer Improvement Project will be accepted on Monday and the results of the bids will be presented to council at the Tuesday night meeting. , ," e "'SaJ 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER: ST. PAUL. MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON October 2, 1995 RE: Stillwater, Minnesota Miscellaneous Engineering Services SEH No. A-STILL9601.00 Honorable Mayor and City Council City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mayor and Council Members: On Monday, October 2, the City received quotes for a proposal for storm sewer and drainage facilities at West Wilkin Street and North William Street. This storm sewer is to serve as an outlet for the storm water detention pond which was constructed as part of the Good Samaritan Home addition. Three quotes were received by the Engineering Department with the low quote of $14,021.80. The high quote was $21, 516. The low quote was furnished by Fuhr Trenching of Hugo, Minnesota. The City of Stillwater has experience with Fuhr Trenching on small projects. They have performed satisfactorily in the past and met all the City requirements for the projects they have been involved in. The engineer's estimate is $12,307. The difference in the low quote and the engineer's estimate appears to be in unit prices primarily because of the short time table and the time of year the project will be completed. The Council would have the privilege of either awarding the project or rejecting the bids and rebidding. We do not feel that the City would receive any more favorable quotes on this project at this time of year if the Council chooses to rebid the project. Therefore, we recommend award of the project to Fuhr Trenching of Hugo, Minnesota. This project is on an unit price bid such that if any of the items underrun the engineer's estimate, the contractor will only be paid for the amount that is actually constructed according to his unit prices. We would be pleased to discuss this with the Council and answer any questions you may have. Sincerely, G24~ Richard E. Moore, P.E. e tlo Enclosures c: Klayton Eckles, City Engineer Nile Kriesel, City Coordinator Diane Deblon, Finance Director Charles Huyink, Administrator, Good Samaritan SHORT ELLIOTT HENDRICKSON INC MINNEAPOLIS. MN ST. CLOUD, MN CHIPPEWA FALLS. WI MADISON. WI LAKE COUNTY. IN EQUAL OPPORTUNITY EMPLOYER e STillWATER, MINNESOTA GOOD SAMARITAN CENTER QUANTITIES SEH N~. STILL9601 . 09/13/95 ITEM NO. DESCRIPTION 1 MOBILIZATION 2 TOPSOIL BORROW (CV) 3 COMMON EXCAVATION (P) 4 REMOVE 18. CMP CULVERT 5 AGGREGATE BASE CL.5 6 INSTALL 8618 CONC. CURB & GUTTER 7 TYPE 41A WEARING COURSE MIXTURE 8 BITUMINOUS MATERIAL FOR TACK 9 12. PVC PIPE SEWER 10 12. PVC FLARED END SECTION 11 CONSTRUCT MANHOLE TYPE A 12 CONSTRUCT DRAINAGE STRUCTURE, DESIGN X 13 CASTING ASSEMBLY R-1792-GL 14 CASTING ASSEMBLY R-1730 15 SODDING 16 SEEDING e TOTAL ENGINEER'S ESTIMATE FUHR TRENCHING C.W. HOULE VOLKSEWER& WATER UNIT EST. QTY. UNIT PRICE EST. COST UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL LUMP SUM 1 1,000.00 1,000.00 1.500.00 1,500.00 1,700.00 1,700.00 3,500.00 3.500.00 C.Y. 17 7.00 119.00 10.00 170.00 18.00 306.00 14.00 238.00 C.Y. 48 4.00 192.00 8.00 384.00 12.00 576.00 10.00 480.00 L.F. 22 4.50 99.00 5.00 110.00 14.00 308.00 12.00 264.00 TON 75 4.50 337.50 8.20 615.00 12.00 900.00 15.00 1.125.00 L.F. 20 7.00 140.00 17.50 350.00 20.00 400.00 30.00 600.00 TON 28 45.00 1,260.00 41.00 1.148.00 75.00 2,100.00 75.00 2,100.00 GAL. 8 1.00 8.00 3.00 24.00 2.00 16.00 3.00 24.00 L.F. 262 20.00 5.240.00 26.65 6,982.30 19.00 4.978.00 30.00 7.860.00 EACH 1 500.00 500.00 200.00 200.00 480.00 480.00 250.00 250.00 L.F. 9 200.00 1,800.00 120.00 1.080.00 180.00 1,620.00 200.00 1.800.00 L.F. 3 175.00 525.00 170.00 510.00 190.00 570.00 335.00 1,005.00 EACH 1 325.00 325.00 250.00 250.00 250.00 250.00 300.00 300.00 EACH 1 325.00 325.00 200.00 200.00 200.00 200.00 300.00 300.00 S.Y. 195 1.75 341.25 2.30 448.50 4.00 780.00 6.00 1.170.00 ACRE 0.1 950.00 95.00 500.00 50.00 2.000.00 200.00 5,000.00 500.00 TOTAL $12,306.75 $14,021.80 $15,384.00 $21,516.00 ,) - RESOLUTION NO. 95- e ACCEPTING BID AND A WARDING CONTRACT GOOD SAMARITAN OF STILLWATER STORM WATER PROJECT, L.I. 317 WHEREAS, pursuant to an advertisement for bids for the construction of storm sewer and appurtenances, bids were received, opened and tabulated according to law, and bids were received complying with the advertisement; AND, WHEREAS, it appears that Fuhr Trenching of Hugo, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Fuhr Trenching of Hugo, Minnesota, in the name of the City of Stillwater for the construction of storm sewer and appurtenances according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 3rd day of October, 1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk e e e - ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY CHANGING THE HUMAN RIGHTS ORDINANCE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section I. AMENDING. The Human Rights Commission section of the City Code Section 4c is amended to hereafter read as follows: "Each youth member will be appointed for a one year term. Except for the first terms, all members will be appointed for two year terms that are staggered in order to provide continuity of policy and program. In anyone year, no more than five terms may expire. No member may serve more than six years, not including the time served filling the unexpired term of another. " Section II. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 1995. Jay L. Kimble, Mayor ATTEST: Modi Weldon, City Clerk e ~ MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director {t./ DA: October 3, 1995 RE: ACCEPT OFFER FOR PURCHASE OF CITY OWNED SITE The City of Stillwater purchased the site at 1004 South Holcombe Street with a dilapidated house on it. The house was removed and staff was authorized to advertise the lot for sale. The lot was advertised, see attached fact sheet. The city received several inquiries regarding the site but as of September 29th the fmal day to receive offers only one offer was received. The appraisal value of the lot was $25,000, the offer amount is $29,555. Recommendation: Acceptance of offer for sale of lot. . September 29, 1995 Land Purchase City Of Stillwater Community Development Department 216 North Fourth Street Stillwater, Mn. 55082 Dear City of Stillwater, I, David B. Harvieux, 1172 parkwood Lane, Stillwater, MN. 55082, am submitting an offer for the lot at 1004 South Holcombe Street, APN 9895-7100. My offer is for $29,555.00, Twenty-nine thousand five hundred fifty-five & no/100 dollars. Enclosed is $500 check as a deposit if my offer is accepted. D' David B. Harvieux (Office) 430-7556 (Home) 439-1196 -- j~~ ..' I e: LOT FOR SALE 1004 SOUTH HOLCOMBE STREET Location: APN: Legal Description: Zoning: Allowed Use: Lot Size: 1004 South Holcombe Street 9895-7100 Lot 1 Block 16 54 ft Lots 1 2 & 3 Holcombe's Addition to Stillwater Duplex Residential Single Family Residential 54' wide 150' deep 8100 square feet Special Requirements: A variance has been issued for development of the lot. The variance allows a 15 sideyard (Anderson Street) setback for the residence and 20 foot setback for the garage. The garage front must be from Anderson Street. Terms of offer: Terms of sale: Minimum offer: Submit offers to: $500 cash deposit Cash $25,000 Land Purchase City of Stillwater Community Development Department 216 North Fourth Street Stillwater, MN 55082 The City has the right to reject all offers. Offers will be accepted through Friday, September 29, 1995. e ,.) ). ~~ ":'.. :~:.::~:. ':.,;:~.:"': ~'~:4"~'~:':/;~~ .:::' .~-:::'.'~'., :~:~~;::'~i,:;;:~;;';~':;~':',.':'7.;..:' ~; . ~:':J;.. ~~::. '.';i.;~~:7!t~,:;~f.~;.~~'L ~ii~*1 :,'.;.~;, 'i"~' ~ ~"'I'i"'1 ... ".....'""'... :-_ 'f,-..... ....f,. . ,.. . ..~. ....... .......,...., .\). ";'-",~" ....""..t'.....'.(. .... .. .'. ..~~. '''J~!..'''>l-~:r..w ..'I:!~~.. ei ~ : '" .,..:" .~~..' . ... ."... .~;.;' . _ ..' _.......r....<...'. I. '. '''.l~4.''''':, ~.!....r. ........-. -.....~ ..,......:...~... ..,;>>;~!s""'''i- ;'1 'L .. _.. ...oo :.: hh: ... _:. ........~...~:-:.~.,...... ..'...;..;.... ,..1~~;.r'...1 '!1'.;-....:. :...........~. .:,. . 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':( ;:;t~!i;:~~J;;~X(;!~~~?~~: .~r" .. .t.:'$oI.""".I/"':':'''t.t""..c~,.t.....t" "'..~, ..... .. .. _ .'~..,~":..~. ~ u I'. ~::.::, I: :~ ., " . ... . .'. ... 1\" .. I' ...... .~: .~.'.." I ;..... I~ e e :e I " ) MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: September 28, 1995 RE: ON-SITE SEPTIC PERMIT FOR NEW SINGLE FAMILY RESIDENCE AT 1112 NORTH FIFTH STREET SS/95-3 The request is to install an on-site septic system for a single family lot. City sewer service is not available at this time in the area. Soils information has been submitted, reviewed and approved by the City Engineer. The location of the well and on-site system has been reviewed by the building official and the building location reviewed for zoning consistency. At some time in the future, the city may extend city sewer services to the area and make other public improvements, road, drainage, water. It has been the practice of the city in other similar situations to require the owner of the property to sign an agreement indicating they will accept and not protest such area-wide public improvements and their portion of costs. Recommendation: Approval Condition: 1. The owner shall enter into an agreement with the city indicating that they are on notice that public improvements including sewer services may occur in the future and that the property owner will not protest such improvements and pay a potion of the cost. APPLICATION TO I' ,.1 H;' 1/7:.: ~) . .' ":','.JI1 Application No. 5 5/q r- 3 INSTALL ON SITE SEWAGE TREATMENT SYSTEM I ." ) e CITY OF STILLWATER, 216 NORTH FOURTH STREET, MINNESOTA 55082 City Code Sec. 29.03, Subdivision 3: Installation of individual sewage disposal system. "No individual sewage disposal system shall be hereafter constructed Wl thout a permi t by the Ci ty Counci 1. " Location of proposed system Owner of property K2-dl IU -r; ~ .c.. Applicant ~/F -r,L-V~ Address . J tt=n-t S" . ~~PL~ ;t-!IAY ~~7.)1/ Phone No. t. J7- ~~J-?-G>/L-- Installer. .~'ff- ~f-.l~;; t:v~:,......)-..J ' Use of bUll dl ng E e-5 - Application Fee: ~ / New Installation~ Al terati on 0 Repair 0 Other 0 The following exhibits are required as part of this application: e Percolation Test: Approved Soil Boring Report: Approved Building Plans: Date Received Site Plan: Site plan shall be drawn to scale showing location of buildings, lot lines, percolation test, soil borings, proposed location of system and water well, location of existing systems and wells on adjacent lots and topography of lot. Site Plan: Approved Disapproved Disapproved Disapproved Reason for disapproval of submitted exhibits: Agreement: The undersigned hereby makes application for Permit to Install or Extend Sewage Treatment System herein specified, agreeing that all such work shall be done in strict accordance with ordinances and regulations of the City of Stillwater, Minnesota. Application is for an installation at a _ specific location on the site: any deviation from th approved location will cause the permit to become void. It shall be e re ,sibility of the applicant for the permit to notify th lC Ot uilding Inspection Department that the installation s . n before an art ~ the system has been covered. ~~ Date Reviews: Planner: Inspector: Date: Date: Council Decision: Site Suitable: [] Site Unsuitable: [] Additional Tests Required [] Date: e Conditions or Comments: D APPEALS D BUILDING MOVING PERMITS D CERTIFICATE OF COMPLIANCE D CONDITIONAL OR SPECIAL USE PERMIT D GENERAL BLUFFLAND/SHORELANDIFLOOPLAIN D DESIGN PERMIT D GRADING PERMIT D PLANNED UNIT DEVELOPMENT ~ ON-SITE SEWER PERMIT "'$ ~~ D SITE ALTERATION PERMIT D V ARlANCE D VEGETATIVE CUTTING PERMIT D ZONING AMENDMENT -- D COMPREHENSIVE PLAN AMENDMENT D OTHER Record of Action on Application Decision Authority Date of Action Decision by Authority Appeals Period Appeal Filed Appeal Scheduled Appeal Decision Authority Apeal Decision Decision Complete Approved _ Denied (date) .. . e e (date) (date) (date) e Date . ~ ... e ;~TILLWATER, MINNESOTA .-_... .~ 1 '11 ~ ">- l~ t ~~ ~ L~ 51 i ~ J ~ J'~ !-j ~ ~ ~~~~i~~~ oJ j '}-3~~ ~A ( I · : I PROPOSED GRADING PLAN FOR :ori.. ,KEVIN M. TILKA e ~ '\ ~ <~ ~, , ,,,"',,,,, EI.f'II'Ar/I"'.s ,) '''AA~f .~ 7".' 8) /rr ~~'~A. . 77'.-. . l)rNIIl~"tIA . 7"_" ,/ I' I I I I I _I G)turJN& c.vr'PA ('A." "''''~It,l'NIC ;14' SM"I.',~ ,r,IAUII"t'T) - : JI"~"tIV,,, ("~lVr,.,;t : "If.""" ',(4,.,It#' I~"v,,,.(.r /N',"M"''''''''''' r,lll.'l'A.I 'AI"" SI"A"'f''Y .r~'''U'J) ~y ptIM"t'T e e e e " . TO: FROM: DATE: SUBJECT: MEMORANDUM Stev Russell Allen o. zep~ September 29,2995 Septic System at 1921 North 1st Street I have review the plans as submitted and they appear to meet all City and State installation requirements. " .... 'I' ~ e MEMORANDUM r TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: September 28, 1995 RE: FINAL PLAT APPROVAL OF LOT SPLIT AT 619 WEST ANDERSON STREET, CASE NO. SUB/94-50. Back~round The preliminary plat for this lot split was approved by the Council on October 4, 1994. The final plat is the same as the preliminary plat. Recommendation Approval e Attachment: Certificate of Survey and legal description. Ie ("'.; ~,"-""'~..~..:y.;',~.' :,!:-:-" ",. Sheet~wo of Two Sheets . . . ,....:. ,0:.." ;~O"~:;"~"'." " "C-', "" ~.'" MINOR SUBDtVISION CERT'IFICATE OF SUR'VEY ~rvey Made For: W. Bernard Harv i eux 2349 Cottage Drive Stillwater~ MN 55082 PARCEL DESCRIPTIONS: (see Sheet One) I 1 ./ ,-' } -- ... W'e-ST ---.... - ,,- I , .PoGtI" ?N &/J. tJ ' e " ~ i ~ I I.A tij , .~ ~~ ~~ .~ ~~ ~ ~ ~ ~ ~ , .~ ~~ ~ ~~ ~ ~ ~ / 8"(,, /s <1 . ~ h"r ~ = ~tJ/#O C'NIV. ,(~.r4'. ~ 'r S'O', t /"=.ItJ. BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 \ , \. ........ I I 1- A"vO.Efi?SdN I ---1 _ ~. 19 -L_ I _--L ST~Gar c!ff/r. /!9vr. / \-. ~ ~ ~ ., ~ ..- '\ ( -- .tY&'flt1j~'Z/"'6 . \ /b&',Z'd --- fPIJ.d7 - -,,-. '7""" I I --- ....... , - 1'1. Fd. tJ 7 . ..e.~t1. I I III, ,('Ntb- II I t:' . '.di:J I r:4liT~ 'I-: I~ ,li.i I::l 'ill I ~ ~ I ~I~ ~ I ~ ... I~ I~' . I. ~ \~ ,I ~ ~ ~I J... ~ \w.: - 2't cUI- P.i/~~EL . ~ t"~,*IE'CE~ ~ 8 ~ 1}14r C< C '3 loti .~ " 'I' v ~ /2, ~/"~h.t~~ h'.J~:: ../1 I ~:--. I ~, "'~ ,,-- , I \ I ,( \\ I ~ ~ ~ " ~ ~ ~ ~ ~~ ~~ ~ /6 FG~r VAt.'. ~ L"r~ ~ .(~r7 ~ ~ ~. Orientation of this bearingXsyst~m is assumed. _Indicates #13774 iron pipe set. " Indicates measured value. " Indicates recorded value. Utilities on or adjacent the site not located in this survey 6 r " J"/' r I"f. /"",/~ ~. /'4' Z9./'1: }'zN~ I,P IN' ~N<!, 'v'" If. t 't , I ~ , ~ ~h~ \l~ 'il\j ~ 4- 3 ~ ~ ~ B1... ~ Ldr ~ "",r ;' /6 .n" hill(/'. t7F ~i.r. ~/N4' ~ t1r 6 C"'~,. /. "$') ~ IdF.G4r ~ /I'~. \;i\ 1~~~ I P,N~1f 6-~.'7 - _ I I " ./V'~ Ft:?, ~ 7 _ ..., /If/t:I,/~ / .l?M --- S'8!J'~/'dr'l'J,;' /tld,21 - - - - Ij( hereby. certify that "this survly, plat. or report was prepared by me or under my direct supervision and that I am a dul)' Registered Land Surveyor under the laws of the State of Minnesota. ....~....~.....~............. 7 .9 Date...Au~.... 5~....l. 9gg........ Reg.N 0... ..... ..13Z1A........ Sheet One of Two Sheets MINOR SUBDIVISION oJ CERTIFICATE OF SURVEY JOB NO: None BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 e SURVEY MADE EXCLUSIVELY FOR: Mr. Bernard Harvieux... 2349 Cottage Dr.... Stillwater... MN 55082 DESCRIPTION: PARCEL A DESCRIPTION: (existing house parcel) Lots 4 and 5... and all that part of Lot 7 lying easterly of a southerly projection of the westerlY line of said Lot 5... all in Block 16... Holcombe's Addition to Stillwater... Washington County... Minnesota. Together with an easement for driveway purposes over... under and across the East 8.00 feet of the North 100.00 feet of Lot 6 of said Block 16... Holcombe's Addition to Stillwater... Washington County... Minnesota. Subject to and together with any other valid easements... reservations or restrictions. (add appurtenant utility easement over adjoiner E'IY) . (rec. in Wash. Co. records) PARCEL B DESCRIPTION: (vacant land) Lot 6 and all that part of Lot 7 lying westerly of a southerlY projection of the easterlY line of said Lot 6... all in Block 16... Holcombe's Addition to Stillwater... Washington County... Minnesota. "Together with all that part of the vacated East 10.00 feet of South ~Harriet Street adjacent to the westerly lines of said Lots 6 and 7... Block 16... Holcombe's Addition to Stillwater... as said vacated portion is more particularly described in Doc. No. 425731... on file and of record in the office of the County Recorder of said Washington County... Minnesota. Subject to an easement for driveway purposes over... under and across the East 8.00 feet of the North 100.00 feet of said Lot 6... Block 16... Holcombe's Addition to. Stillwater... Washington County... Minnesota. Subject to and together with any other valid easements... reservations or restrictions. - Note: Existing overall parcel description is recorded in Book 239 of Deeds... Page 360... (Doc. No. 215186) and in Doc. No. 425721... (vacated East 10 feet of So. Harriet St.) Office of the Co. Recorder... Wash. Co.... Minn. Overall Parcel Zoned RB - Single Family Use = 7500 SQ. ft.... 50.00' road frontage:Setbacks= Front 3D' (cor... lot min 20') sidelot = 5' to garage... 10' to dwelling; Rear = 25'. e I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. .....~..~~...~..............., Da te. ..~Ug.,... 5.1....1. 9.9.~...... ..Reg. No... ..1.3.lZ 9.............. e e e . . . RESOLUTION 95- APPROVING FINAL PLAT FOR MINOR SUBDIVISION 619 WEST ANDERSON STREET, SUB/94~50 WHEREAS, the proposed final plat request, attached hereto as Exhibit A, is consistent with the preliminary plat and subdivision plan; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby approves the request for Final Plat for a minor subdivision at 619 West Anderson Street, Case No. SUB/94-50. Adopted by Council this 3rd day of October, 1995. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk e e e MEMORANDUM TO: Mayor and City Council Diane Deblon, Finance Director rJJ/J- FROM: DATE: 9-14-95 RE: TIF Generation on Maple Island Site Inasmuch as SuperValu is requesting TIF assistance for the Maple Island site which they plan to purchase and erect a 30,000 s.f. grocery store on, I have discussed the preliminary project with Washington County assessor Ed Hevin. The approximate amount of tax increment to be generated from this project would be estimated at $33,000 per year. This estimate is based on SuperValu purchasing all six parcels (per Steve Russell) owned by Maple Island with a current combined assessed value of approximately $500,000.. These parcels are currently generating tax increment dollars that have been previously pledged for the G.O. 1991 Tax Increment Downtown Improvement Bonds and therefore the $33,000 represents the increased increment generated from the project. e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director fL-- DA: September 29, 1995 RE: REQUEST FOR CITY TIF AND OTHER ASSISTANCE TO CONSTRUCTION GROCERY STORE ON MAPLE ISLAND PLANT SITE LOCATED ON THE CORNER OF MAIN STREET AND MULBERRY STREET Super Valu has obtained a purchase agreement with Maple Island to purchase the Maple Island plant site in downtown Stillwater (see attached property ownership map showing plant and surrounding area). In order to construct a store, the plant will be leveled and a 30,000 to 35,000 sq. ft. grocery store constructed. A restaurant will be located on the second level of the building. The preliminary proposal site plan showing the building and parking locations is attached. At meeting time, the developer will present store elevations. e The Heritage Preservation Commission reviewed two site plans at a special meeting on September 18th and did not support the closing of Water Street. The HPC did not have building elevation plans to review. The plans that will be presented at meeting time have not gone through any city review, staff, HPC or CPC but are useful as a starting point for a grocery store/restaurant development discussion. If the Council directs staff to continue working with the applicant based on the TIF preapplication information and development concepts, then the development plans will go through the regular design review (HPC), Special Use Permit review (planning Commission) and City Council fmal approval of the special use permit (floodplain). The assistance requested by Super Valu is listed below: 1. Use of city-owned parking lot located east of Water Street and south of Mulberry. 2. Vacation of Water Street for incorporation into the development site. 3. Use of the city -owned land located adjacent to and west of Water Street. 4. "Pay as you go" TIF assistance based on increment generated from the project. 5. Up-front TIF assistance of$165,000 for asbestos removal, underground storage tank removal. e The applicant indicates that based on their projection of costs and revenues, this level of city assistance is necessary to make the project work. Extraordinary costs that relate to the development of the site are building demolition, asbestos removal and underground fuel tank removal. Firm costs for these items are being developed by Super Valu. The Livable Communities Act has a tax base revitalization program that could possibly assist with some of the clean up costs. A description of the program is attached. The city owns areas I, 2 and 3 described above and shown on the property ownership map. As a part of the negotiations, I would anticipate that the city would sell, trade or lease lands as it relates to parking and building areas. A purpose of the city is to share use of parking and minimize city up-front assistance for the project. Other areas that need to be addressed in project review include floodplain requirements, circulation and traffic and coordination of grocery store plans with levee walllLowell Park improvements plans including extending Mulberry Street across the railroad tracks and other road or parking improvements in the area. Recommendation: That the City Council review the TIF preapplication information and direct staff to work with Super Valu on developing a response to their request for assistance and as more detailed plans are available review the plans through the Design Review (HPC) and Special User Permit process (CPC). The Council should be updated on plan development as they progress. Attachment: TIF preapplication ~ e e e - ! 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Northern Region SUPERtlALU PO Box 1451 Minneapolis, MN 55440 6129324300 e September 25, 1995 Steve Russell Community Development Director City of Stillwater City Hall 216 N. Fourth Street Stillwater, MN 55082 RE: SUPERV ALU INC. Pre-application and Preliminary Agreement Tax for Increment Financing Assistance Dear Steve, Enclosed please find the above-referenced Pre-application and Preliminary Agreement. I have also enclosed the requested Addendum, enclosures and check in the amount of$3,000,OO for the downpayment relating to the City's costs. e As we discussed, the revised site plan will not be available until this Friday or next Monday. I apoligize for any inconvenience this may cause. Please call me if you have any questions. Very truly yours, ~ cc: Deb Carlson Barb Parks JAlgh ~ / q,}-1,Q1 V e SUPERVALU INC. . 101 Jefferson Avenue South . Hopkins MN 55343 e e ,e CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Mi nnesota (herei nafter ca 11 ed It City It ) and SIIPfRVAlIl INC ,. a corporation organized under the laws of the State of Delaware (hereinafter called ItDeveloperlt). WITNESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act") in connection with a project to be undertaken by the Developer within the City. . (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $3,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out-of-pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and/or public review under applicable provisions of State Law. ., (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this , 19 day of D~~~ 4 {/~ CITY OF STILLWATER Mayor DEBORAH CARLSON Vice President Real Estate - -~ CITY OF STILLWATER PRE-APPLICATION TAX INCREMENT FINANCING ASSISTANCE e Legal name of applicant: SUPERVALU INC. Address: 11840 Valley View Road, Eden Prairie, Mn 55344-3691 Telephone number: 612 932 4745 Name of contact person: Joan Ahrens REQUESTED INFORMATION Addendums shall be attached hereto addressing in detai 1 the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be ... zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobS to be created and other community assets. 6. A written perspective of the developers company or corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or part, to persons other than City's officials, employees and agents. Date 4L1XuL ~ ~ ;Z c:2~,P';r- e SIGNATURE Applicant's signature e e e ADDENDUM TO CITY OF STILLWATER PRE-APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE 1. General Description ofProiect. SUPERV ALU, INC ("SUPERV ALU') has entered into a purchase agreement to buy the Maple Island Dairy site in downtown Stillwater located at 219 N. Main Street, for the purpose of building a new 30,000 to 35,000 square foot up-scale, full service, conventional grocery store and restaurant. As indicated by the proposed site plan, in order for SUPERV ALU to provide parking for the grocery store, it is necessary to obtain the city-owned land located to the east of the Dairy site and west of the railroad tracks, In addition, we will ask the city to vacate a portion of Water Street between Mulberry Street and the southerly boundary of our site to enable us to provide the best possible design of the entire site for the City and SUPERV ALU. We intend to provide the City with a project that is of high quality with distinct architectural design - a store the City can be proud of. We anticipate demolition of the Dairy can begin in early 1996 with a store opening occurring in the fall of 1996. 2. Land Use. The existing land use of the site is Central Business District which will not change as a result of this project. Further, the vacation ofa portion of Water Street is consistent with the City's existing Comprehensive Plan. 3. Reauested Assistance. SUPER V ALU requests the city to finance the following public improvements related to this development: Use of the city-owned parking lot located east of Water Street between Mulberry Street and the southerly boundary of the site as more clearly indicated on the proposed site plan. Continued use of the city-owned area easement located west of Water Street and east of the Dairy. "Pay as you go" TIF assistance based on the value of the project subsequent to development as compared with its current value. This amount has not yet been determined but would be used for site preparation; enhanced building design and landscaping; land costs; construction and/or relocation of public utilities and other eligible activities. e "Up-front" TIF assistance for asbestos removal and remediation and underground storage tank removal estimated to cost SUPERV ALU approximately $70,000. We are also requesting an as yet undetermined amount for building demolition. We expect the demolition to cost approximately $3.50 per square foot. Cash assistance from the city in the amount of$95,000 for contribution toward additional costs related to asbestos and underground storage tank removal.. Vacation of that portion of Water Street between Mulberry Street and the southerly boundary of our development as identified on the proposed site plan. It is our understanding that the existing Comprehensive Plan shows Water Street as vacated in the future. The combined costs of this project far exceed the typical development costs for a grocery store of this size. This store will be owned and operated by an independent SUPERV ALU retailer. SUPERV ALU has run financial projections for this store which reveal that, but for e city assistance in the amount and form requested, development and land costs would prohibit this project in downtown Stillwater. We simply could not make the store financials "work" caring this kind of debt. 4. Public Benefits. Apart from the obvious benefit of the city having a downtown grocery store, we anticipate an increase in property valuation though the exact amount has yet to be determined, There will be approximately 150 jobs created with a part-time/full-time ratio of60% to 40% respectively. We are planning a second story family-type restaurant overlooking the river as indicated by the proposed site plan. The building design will be architecturally unique using brick and masonry materials to complement existing city buildings. Landscaping will be creative and extensive. The store itself will be a full-service store with an emphasis on perishables. High customer service will be the name of the game with a store catering to the specific needs of the people of Stillwater. We anticipate store hours to be 6:00 a.m. to midnight. e e 5. Developer Profile. Included with this pre-application is SUPERV ALU's most recent annual report, The actual development responsibilities will be handled by the Real Estate department at SUPER V ALU's Northern Region located in Hopkins, MN. This department is responsible for all real estate acquisitions and development functions for store formats such as Cub Foods, County Market, Newmarket and Supervalu Foods. The design function for this development will be handled by the Design Services Group of SUPER V ALU which provides architectural and design services to our retailers nation-wide. See enclosed informational package. e e 09/29/95 FRI Q.~:,4I F1!.....6l.,;,9..,32..4..5.,28.,u.. -.... -..-..-- SUPERVALU . ilIolJrl:i~ VALLI .lNC ~002 ~ 0041004. "F' .e 17 ~,lV\\~ r- { . 1) 'ij ') ,'VV \ ,[~ ~-' .l] ".......-......-----_....-....-_-~.... --"" ----~.........----.......-....-- .-_.....~ ~---~- a.tAH 1;1 #laE. -::x::::r,; - 5:".:I::;:z::z::~." t~cc~~~~ca~~ ~~cn~~~~~4~ t:1::~::E::J::J:::t::~::::t=E; ~c:::a:::;c::l;.~a::::cJ=:::z:::z: -...---."..a- L.L...LJ....LL_ ,,----------- -----..---- .--.!~ e -"'---1" ~ Ii 'I,. ~- 'I .. .1 I I I ! . e ~ ~l~l !i~~MARKET :jl I ~ BTLLWA,11!A, ~ Co) ~~I'UH -J .~~ - - ....- '"'- - - ;- ._1""'" ~: ....... tIlICIIlltClUlle I C"I"I'I~ -~-.r:l'~"J.IIU ~ ....~6r'..-w,J:L PFI&I MNAFIY ~T~ 0CNBTRUC'n0N .-- ........... -E~ qyv/L{~<j e ~~ ** DRAFT ** TAX BASE REVITALIZATION PROGRAM GUIDELINES AND CRITERIA Program Summary and Purpose: The Metropolitan Livable Communities Act (MN Stat. Ch. 473.25) created a Tax Base Revitalization Account to make grants to clean up contaminated land for subsequent commercial! industrial re-development, to make it available for economic redevelopment, job retention and job growth. Amount of Funds Available: Approximately $6.5 million in funds will be available for grants annually; grants will be awarded on a competitive basis. Eligible Applicants: Statutory or home rule charter cities that are participating in the Metropolitan Livable Communities Housing Incentives Program are eligible to apply; as are metropolitan counties (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott Washington) for projects in eligible communities. tit Eligible UseS of Funds: Eligible expenditures under this progriun include costs to implement an approved Re- sponse Action Plan (RAP) developed in conjunction with the MPCA for hazardous waste, or an abatement program meets requirements of the V.PIC program (for petroleum) or AHERA standards (for asbestos). Costs incurred in the preparation of the plan (e.g., investigating the extent and/or nature of contamination) are not eligible expendi- tures under this program. These funds may be used to provide a portion of the local match required for a grant from DTED's Contamination Cleanup Grant Program. e Project Selection Criteria: The Metropolitan Council is required to consider certain factors in order to ensure the highest return in public benefits for the public costs incurred. In order to evaluate and rank applications, the following criteria will be assigned point values in order to systematically and fairly compare the applications. Applications will be ranked according to the extent that the address the following: preserve and/or increase living wage jobs in the fully developed area; promote compact and efficient development; . increase the tax base of the recipient municipality; . represent innovative partnerships among government, private for-profit and non-profit sectors; are not eligible for clean-up funding from other public sources; will not require extensive new infrastructure (beyond that which is already planned); make more efficient use of currently underutilized public service capacity (e.g., roads and highways, transit, wastewater, utilities, telecommunications infrastructure, etc.); result in a net gain in jobsfmdustry for the region; increase the number of living wage jobs in/near areas of concentrated poverty and demonstrate sensitivity to linkages with local residents; reflect demonstrated market demand for commerciallindustrialland in the proposed site area; and are consistent with the redevelopment component of the municipality's comprehensive plan (in re: Minn. Stat. section 473.859, subd. 5). . ,.__._..__..____~___n. ...- .__.___ Application Cycle: Beginning in 1996 there will be two grant cycles per year: a spring cycle (RFPs in Febmary, applications deadlines in May, and awards announced in July) and a fall cycle (RFP in September, application deadline in November and awards announced in January). If applications for grants exceed the available funds for an application cycle, no more than one-half of the funds may be granted to projects in a single city, and no more than three-quarters of the funds may be granted to projects located in cities of the first class. This program is being coordinated with complementary programs at the MN Pollution Control Agency (MPCA) and MN Department of Trade and Economic Development (DlED). Next Steps: Information workshops for this program and DlED's grant program are scheduled for Thursday, Sept. 7 (9:00 am - 12:00 noon), Maplewood City Hall, 1830 E. Co Road B in Maplewood; and Monday, Sept. 11 (1:00 pm - 4:00 pm), Golden Valley City Hall, 7800 Golden Valley Rd. in Golden Valley. For more information contact Hal Freshley, Metropolitan Council staff, at 291-6467. 8122195 LCATOM.OO5 ,:'.', .~ .' e e e t~.~ uwt.J..J-t -p~ P'''~ __J '- =Q ......-----..------- ...." \.\...\\\\':,.\~'::;.! ~ e e e ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 41.04 SUB. 3 BY INCREASING THE LICENSE FEE FOR CIGARETTE SALES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section I. AMENDING. Section 41.04 Sub. 3 of the Stillwater City Code is hereby amended to hereafter read as follows: "Sub. 3 LICENSE FEE. The license fee is $250 per annum. Every license will expire on December 31 of the year in which it is issued, and if issued during the year, will be computed at the rate of one-twelfth for each month, or for the fractional part of the month covered by the license. Licenses are not transferrable from one person to another." Section II. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law, and be effective for licenses issued for the calendar year 1996. Adopted by the City Council of the City of Stillwater this day of , 1995. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e I I ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 30 SECTION 30.01 SUB. 8 BY INCREASING THE FEE FOR RECYCLING THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section I. AMENDING. Stillwater City Codes ~30.01 Sub. 8, "Fees", the last paragraph thereof is changed to hereafter read as follows: "In addition to any other fees imposed pursuant to this chapter, there shall be added a recycling fee of $1.00 per month per dwelling unit. The fee shall be collected in the same manner as other fees are collected pursuant to this subdivision. " Section II. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 1995. Jay L. Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes September 5, 1995 Members: Doeksen, Freeman, Gorski, Kalinoff*, Maybanks, Nelson, Ruch, Sandeen. Director: Bertalmio*. * Abse nt 1. Call to order: A quorum being present, President Sandeen called the meeting to order at 7:00 p.m. 2. Adoption of the agenda: Gorski moved to adopt the agenda; seconded by Doeksen; approved unanimously. 3. Communications and Public Commentary - none. 4. Consent Calendar: Moved to adopt the consent calendar, including payment of bills in the amount of $10,879.13. Moved by Maybanks/seconded by Doeksen. Unanimously approved. 5. Old Business: A. The City Council budget hearing was being held tonight, so we will wait until October for the outcome. 6. New Business: A. The Stillwater Internet Task Force includes these library representatives: Lisa Freeman, Dave Ruch, Lynne Bertalmio, and Jan Brewer. They spoke enthusiastically about the possibilities for this committee and project proposal (using the library asa user site). Ruch moved and Fre~man seconded a motion that the Library Board endorse the preliminary project proposal from the City's Internet Task Force. Motion . passed unanimously. B. "Joint meeting with WCL is probably due to be held here this year. Freeman to investigate program options of area authors or possibly Bill Holmes. "Tentative date is January, 1996. C. MLA conference in Mankato was announced. page 2 e D. Peggy Doeksen was appointed by President Sandeen to be the Board's representative on the negotiating team. E. Our representatives on the joint committee with City or Township use of the library will be Ruch, Sandeen and Gorski. F. Other - The October 3 Board meeting will begin at 6:30 p.m. to facilitate attendance at the library-sponsored class. This will be a change for October only. 7. Adjournment: Agenda items being completed and there being no other business, President Sandeen adjourned the meeting at 7:40 p.m. e e 'r::!ii? . '\i~ Y: ...j j. TelePh~~: l~~~l :~::~~~~ ................~.~:f:!:~;':A@t2::.;::::J r I ( : :::t:I Washington County Housing and Redevelopment Authority 321 Broadway Avenue . Saint Paul Park, Minnesota 55071 e September 26, 1995 Ms. Morli Weldon, Clerk City of Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Ms. Weldon: What is the Livable Communities Act? e On Wednesday, October 4, 1995, at 1:00 P.M., the Washington County Housing and Redevelopment Authority will sponsor a roundtable discussion on the Livable Communities Act. The discussion will be hosted by the City of Woodbury, and will take place at: Woodbury City Hall 8301 Valley Creek Road Woodbury, Minnesota 55125 An agenda is attached for your review. If you plan to attend, please R.S.V.P. to Wesley Butler at 45a.-6555, by Monday, October 2. We hope to see you there. e Is-attach. f .. ,.t Livable Communities Act e Roundtable Discussion October 4, 1995 Woodbury City Hall 1 :00 p.m. Agenda 1:00 p.m. Introductions 1 :05 p.m. Honorable Senator Ted Mondale "What is the Livable Communities Act?" 1:30 p.m. Metropolitan Council Presentation Process for Utilizing Funds Status of City Meetings 2:00 p.m. Roundtable Discussion Formulating an Action Plan Utilizing the Washington County HRA e 3:45 p.m. Conclusion e W ASIllNGTON COUNTY Dennie C. Hegberg DI.tllet 1 Mery Heu.e, DI.tllet 2 Welly Abrahalnllon Dlmlet 3/Chalnnan COUNTY BOARD AGENDA OCTOBER 3, 1995, 4:30 P.MJ Myra Pete,.on Dlstllet 4 Dave Eng.trom DI.tllet 6 1. 4: 30 ROLL CALL 2. CONSENT CALENDAR 3. 4:30 GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR 4. 4:40 DISCUSSION FROM THE AUDIENCE V/SlTORS MAY SHARE THEIR CONCERNS WITH 1HE COUNIT JlOARD OF COMMISSlONERS ON ANT llDI NOT ON 1HE AGENDA. 1HE CHAIR WILL DIRECT 1HE COUNIT ADMINIS'lRATOR ro PREPARE 1/ESPONSES ro YOUR CONCERNS. YOU ARE ENCOURAGED NOT ro JIE ltEPEI11l0US OF PREVIOUS SPEAKERS AND TO UMll' YOUR ADDRESS ro FIVE MlNU1ES. 5. COMMISSIONER REPORTS - COMMENTS - QUESTIONS 'I1lIS PERIOD OF TIME SHAlL JlE USED JIY 1HE COMMISSlONERS ro REPOKT TO 1HE FVlL JlCWW ON COMMITIF:E AC11VT11ES. MAKE COMMENTS ON MAT1f:RS . OF INlFRESI' AND INF01lMA110N. OR RALSE QUES110NS ro 1HE STAFF. 'I1lIS AC170N IS NOT 1NIENDED ro ~T IN SUJlSTANllVE JlOARD AC170N DURING 'I1lIS 11ME. ANT AC170N NECE:S&4RY JlECtUSE OF DISCUSSION WILL JlE SCHEDrn.ED FOR A FUlURE JlCWW MEE17NG. 6. BOARD CORRESPONDENCE 7. 5: 00 ADJOURN 8: 7:00 PUBLIC HEARING - OFFICE OF ADMINISTRATION - JANE HARPER 2015 COMPREHENSIVE PLAN AND LINEAR PARK MASTER PLAN * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETllfG IfOTICES Date Oct. 3 Oct. 3 4lt. 4 ct. 4 Oct. 5 Co_itte. Tiae Location Personnel Committee Meeting 9:00 a.m. Comparable Worth Reception for 2:30 p.m. Commissioners and Department Heads Metropolitan Light Rail Transit 8:30 a.m. Plat Commission 9:30 a.m. Internal Audit Advisory 2:30 p.m. Washingotn county Government Center Washington County Government Center Hennepin County Government Center Washington County Government Center Washington county Government Center If you fIHd ..._nee due II> tIi-'>ility or 1tI_ bMMr. p/M_ ceI1430-6003 fTDD 43!1-3220J EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* OCTOBER 3, 1995 ~ The following items are presented for Board approval/adoption: e DEPARTMENT/AGENCY ADMINISTRATION ITEM AUDITOR-TREASURER A. APPROVAL OF THE SEPTEMBER 19, 1995 BOARD MEETING MINUTES. B. APPROVAL TO APPOINT DONALD WUJCIK, FOREST LAKE, TO THE LIBRARY BOARD TO FILL AN UNEXPIRED TERM TO DECEMBER 31, 1995. C. APPROVAL OF APPLICATION BY. GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX FORFEITED LANDS FOR PARCEL #30008-2100, CITY OF DELLWOOD. D. APPROVAL OF RESOLUTION, BASIC SALE PRICE OF $100, CLASSIFY AS NON-CONSERVATION AND AUTHORIZE AUDITOR-TREASURER TO OFFER TAX FORFEITED PARCEL 33405-2050 TO ADJOINING OWNERS AT A PRIVATE SALE. COMMUNITY SERVICES E. APPROVAL TO DESIGNATE WASHINGTON COUNTY COMMUNITY SERVICES TO RECEIVE ALL VULNERABLE ADULT MALTREATMENT REPORTS FOR WASHINGTON COUNTY. F. APPROVAL TO RECEIVE $121,036 IN STATE AND FEDERAL FUNDS OVER TWO YEARS TO OPERATE THE CHILD CARE RESOURCE REFERRAL PROGRAM. HEALTH, ENVIRONMENT AND LAND MANAGEMENT G. APPROVAL OF AGREEMENT WITH THE CITY OF NEWPORT AND AUTHORI ZE PAYMENT FOR DISTRIBUTION OF CURBSIDE RECYCLING FUNDS IN THE AMOUNT OF $12,200.. H. APPROVAL OF BANDING AND GRADING OF REVISED JOB DESCRIPTION OF SENTENCE TO SERVICE CREW LEADER IN COURT SERVICES AT B25- 3. e HUMAN RESOURCES I. APPROVAL OF AN ADDITIONAL .25 FTE CLERK TYPIST POSITION IN THE COUNTY RECORDER'S OFFICE. PUBLIC WORKS J. APPROVAL OF RESOLUTION TO REJECT ALL BIDS RECEIVED FOR THE ADA SIGN FABRICATION/INSTALLATION PROJECT; AUTHORIZATION TO READVERTISE FOR NEW BIDS. K. APPROVAL OF COMMERCIAL ACCESS FROM CSAH 13 FOR THE NEW REGIONAL CENTER, TAMARACK VILLAGE. SURVEYOR L. APPROVAL OF RESOLUTION AWARDING THE CONTRACT FOR THE GLOBAL POSITIONING SYSTEM TO TRIMBLE NAVIGATION, CONDITIONED UPON THE APPROVAL AND FULL EXECUTION OF A CONTRACT AS REQUIRED BY LAW. *Cc:lIlIeDt Calendar itcma ~ gc:ocn11y clefmed u ifcma of routine business, DOt rcquiriac disc:UssiOll, md Ippwvcd in ODe vote. CommissiOllen may ekct to puD a CoIIsen.A. I Calendar itan(s) for disc:ussiOll mdlor separate KtiOll." ~ . FALL COLORS ART FESTIVAL 1995 .SEPTEMBER30-0CTOBERl LOWELL PARK e SATURDAY lOam - 6pm SUNDAY IOam-4pm UNIQUE ART FROM REGIONAL ARTISANS & LIVE JAZZ BANDS :.[J[] GOURMET FOOD COURT SPONSORED BY CITY OF STILLWATER CHAMBER OF COMMERCE '\-~ - ,,'.,. .",,, , ;;\., . ~:..--,::;. 'j ". "':{'i'~i;f*~:.\.<.: \":';~.i e. "liP' , 'III" , , liP , CARL & TRACY BAGLIO OF BURNET REALTY Invite You To..... The Historic Lowell Inn Saturday, October 7, 1995 for the 2nd Annual Benefit for Stillwater Good Samaritan Care Center e FALL STYLE SHOW Featuring Designs from bP (3~ 'Of~ftOn LUNCHEON: Fruit Salad with Honey Dressing Homemade Rolls, Swiss Pear Bread Chicken Ala KIng Fresh Vegetables Coffeenea Dessert e Seating at 11 :30 - Show 12:15 Ticket Price $20.00 . Call 435.1506 to make Reservations .Proceeds fro.m tArs e veot wLU go towards tOe Hes.rdeot Gardeo Area ,.e ' ~~~~~ DIIIIIll: L_____~_J. UI _1__00___ _ _1__00__00_1______ 00.1 ___ un __J_______n) CITYOF S1TI.LWATER CHAMBER OF COMMERCE e October e 1995 FALL COLOR ART FAIR FARMERS MARKET HEART PROMOTION LOWELL PARK ST CROIX MALL CRAFT SHOW / ST CROIX MALL FARMERS MKT -MYRTLE & 2ND 8 9 10 f~:~ 11 12 13 14 T HEART PROMOTIONS SUTLER'S MIXER FARMERS MARKET CRAFT SHOW 5 - 7 pm MYRTLE & 2ND ST CROIX MALL FARMERS MARKET 8am = NOON :') ST CROIX MALL 15 16 "17 18 19 ~ 20 FARMERS 21 MKT. MYRTlE & 2ND FARMERS MARKET STW INTERNATIONAL STW INTERNATIONAL ST CROIX MALL ANTIQUARIAN BOOK ANTIQUARIAN BOOK FAIR STW ARMORY FAIR-STW ARMORY ~, RIBBON CUTIlNG AT ROCKHOUND GEM UBe 9:00 am SHOW - ST CROIX MAlL 22 23 24 25 /26 27 28 FARMERS MARKET FARMERS MARKET . ST CRIOX MALL MYRTLE & 2ND cosec BOARD 8am - NOON MTG 5:30pm 29 30 31 TRICK OR TREAT ST CROIX MALL 5"30 - 7:30 pm "'" ( ," ;,~ . "." ," ',', \ ,"I' , " . ," .."\" " ~ L,c.. 10/3/ '} S- ! \ FYI e METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and ~ Sp<xts Facilities Commissioo.. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. DATE:Sep~~29,1995 WEEK OF: October 2 - October 6, 1995 METROPOLITAN COUNCIL Transportation Committee - Monday, Oct. 2,4 p.m., Chambers. The committee will consider: setting forth a Metropolitan Travel Demand Management (TOM) strategy; Council direction on handling of special assessment on Metropolitan Council property; Transit Capital Improvement Plan; and other business. Public Hearingffo receive public comment on the Proposed Regular Route Bus Fare Increase effective Nov. 1, 1995 - Monday, Oct. 2,5 p.m., Chambers. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, Oct. 4, 9 am., Room lA. The committee will consider: alternative growth scenarios; overview of Livable Communities Act; requests by city ofRoseville and city of Minneapolis; solicitation package; joint comments on the PrOspectus; and other business. Regional Issues Community Forum - Thursday, Oct. 5, 8 am. - noon, Eden Prairie City Center, 8080 Mitchell Rd., Eden Prairie. Public Hearingffo receive public comment on the Proposed Regular Route Bus Fare Increase on Nov. 1,1995 - Thursday, Oct. 5, noon, Metropolitan Council Transit Operations Heywood Office Building, 560 6thAv. N., Minneapolis. Fmanc:e Committee - Thursday, Oct. 5,4 p.m., Room 2A. The committee will consider: determination of Minmo.apolis tax requirement for 1996; adoption of the goal for public/private partnerships; and other business. The next portion of the meeting'will be closed to the public pursuant to MN Statutes Section 471.705 subdivision la for discussion oflabar negotiations issues. The meeting may be reopened to the public following the labor negotiations discussion. The mf'.P.ting will be closed again to the public pursuant to MN Statutes Section 471.705 subdivision Id to consider pending and imminent litigation and settlement issues relating to personal injmy and workers compensation claims. The meeting may be reopened to the public following discussion of litigation and settlement issues. The meeting will be closed again to the public pursuant to MN Statutes Section 471.705 for discussion of litigation and settlement issues relating to e consideration of a proposed settlement in Donna Campbell v. Metropolitan Council Transit Operations. Metropolitan Radio Board - Friday, Oct. 6, 9 am., Metropolitan Mosquito Control District Office, 2099 University Ave., Sl Paul. The board will hold a public hearing on the 1996 Metropolitan Radio Board budget. Following the public hearing, the board will consider: bylaws of the Metropolitan Radio Board; bylaws of the Technical Operations Committee; reports from the Technical Operations Committee and the Finance Committee; and other business. J Public HearinglMetropolitan Radio Board 1996 Budget (as part of the Board meeting) - Friday, Oct. 6, 9 a.m., Metropolitan Mosquito Control District Office, 2099 University Ave., St Paul. e TENTATNE MEETINGS THE WEEK OF OCTOBER 9 THROUGH OCTOBER 13, 1995 Tour of Southeast Metro Area (for Council members and local officials) - Monday, Oct. 9,2 p.m., departs from Rosemount Community Center, 13885 S. Robert Trail (Hwy. 3), Rosemount Southeast Metro Area Community Meeting - Monday, Oct. 9, 6:30 p.m. (following tour), Rosemount Community Center, 13885 S. Robert Trail (Hwy. 3), Rosemount Community Development Committee - Tuesday, Oct. 10, 3 p.m., Room IA. Joint Meeting/Community Development Committee and Environment Committees - Tuesday, Oct. 10, 4 p.m., Room IA. Housing and Redevelopment Authority Advisory Committee - Wednesday, Oct. 11, 8:30 a.m., Room. lA. Tr..-sportation Accessibility Advisory Committee - Wednesday, Oct. 11, 1 p.m., Room IA. Executive Committee - Thursday, Oct 12, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. Transit Redesign Leadership Forum: "Improving Community Support" - focus group discussion for transportation groups and Council staft'. (Space limited). - Thursday, Oct. 12, 8:30 - 11 :30 a.m., Holiday Inn-Mctrodome, 1500 Washington Ave. S., Minneapolis. Land Transportation Committee - Thursday, Oct. 12, 1 :30 p.m., Room IA. Metropolitan Council- Thursday, Oct. 12,4 p.m., Chambers. Committee of the Whole - Thursday, 5 p.m. or immediately following the Council ml"1"1ing. Room IA. The M~litan Council is located at Mears Park Centre, 230 E. Fifth St, St Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TOD 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, Oct. 3, 4 p.m., Chambers. The commission will consider: video report on 1995 Special Parks District Forum; report on Sept. 26 LCMR tour of residential inholdings; report on Sept. 27 meeting with Minneapolis officials regarding ways to finance final segment of Great River Road; report on tour of Cedar Lake Farms, Scott County as, potential regional park; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St, St Paul, MN 55101. Meeting times and agmdas occasionally may be changed. To verify meeting information, please call 291-6363. e , . e e METROPOLITAN AIRPORTS COMMISSION Planning and Environment Committee - Tuesday, Oct. 3, 1 p.m., Room 301, West Me~l.anine. Lindbergh Terminal, Wold-Chamberlain Field The committee will consider: October ADNE levels; final contract payments for ditch cleaning/obstruction removal at Anoka County-Blaine airport and 1993-95 Part 150 sound insulation program; contract change orders for southwest terminal expansion geoeraVelectrical construction and FIS development - structural steel; contracts bids received for primary electrical distribution system-Phase m. Part'l50 sound insulation program, and vacuum sweeper glycol collection pilot project; review of upcoming construction projects bids; special Planning and Environment Committee meeting; Crystal Airport long term comprehensive plan; supplement to review of joint Eden PrairielMAC staff report on Flying Cloud Airport; Part 150 Policy Advisory Committee recommendation - Part 150 sound insulation block eligibility; 1996 - 2002 Capital Improvement Program; tenninaI art program; and other business. Management and Operations Committee - Wednesday, Oct. 4, I p.m., Room 301, West Me:7.7.anine, Lindbergh Terminal, Wold-Chamberlain Field. The committee will consider: August budget variance; approval of purchase of public safety dispatch console; bid approval for outdoor advertising; bid award for MSP automated teller machines; Frontier Airlines request to provide air service; discussion of 1996 insurance renewals, RFP for commercial development at Airlake, Sl Paul corporate fueling, and Budget Task Force update; Finance Committee update, Heads Up; and other business. Budget Task Force - Wednesday, Oct. 4, 11 a.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field The task force will consider an update of budget meeting with airlines, the 1996 budget review and approval, and other business. F"mance Subcommittee - Wednesday, Oct. 4, IlOOIl, Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field The subcommittee will consider a recommendation on debt management. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minnl'.apolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. '. c..(.. !o/3j'l)" ~ Metropolitan Council ~ ~ Working for the Region, Planning for the Future e DATE: October 2, 1995 TO: Local Units of Government (Cities, Townships, Counties, School Districts, Soil Conservation Districts, and Watershed Districts), Metropolitan. State. and Federal Agencies. and Utility Companies FROM: Metropolitan Council and Minnesota Land Information Center (LMIC) SUBJECT: FORUM - "Metro-Wide GIS: A Means to Improve Your Organization's Effectiveness and Reduce Costs" The Metropolitan Council and the Minnesota Land Management Information Center (LMIC) invite your management staff and elected/appointed officials to the forum "Metro-Wide GIS: A Means to Improve Your Organization's Effectiveness and Reduce Costs" on Monday, Oct. 23, 1995, at the Maplewood Community Center or on Thursday, Oct. 26, 1995, at the Eden Prairie City Hall. Each forum session begins at 1:00 p.m. and concludes at 4:30 p.m. A program is attached. Use of Geographic Information System (GIS) technology is increasing at all levels of government and within the private sector. GIS technology is growing in use becau&e the cost of computer technology has dropped substantially. GIS technology also brings efficiencies to an organization's decision making, management and analysis ofland":based information. Timely dissemination of information to the public - crucial to public organizations - becomes easier with GIS technology. Sharing GIS information among agencies and organizations can also result in significant cost savings to the partner organizations. Some partnering is already occurring among Metro Area organizations. However, no standards have been agreed on to ensure data or system compatibility. As a result, information developed by one organization is not generally in a form readily usable by other interested organizations. The Metropolitan Council is proposing to facilitate a multi-participant effort to discuss options and to develop standards which apply to a wide variety of current and potential GIS users. The goal of the effort is to realize widespread sharing and exchange of GIS data sets and technology among the region's public agencies and private-sector organizations. The Council and LMIC encourage your organization's leadership to attend. Learn more about the benefits of multi-participant GIS. Provide feedback on a strategy to begin development ofa Metro-Area GIS. The forum will provide opportunities to learn from successful multi-participant efforts in addition to an opportunity to begin to shape the development of a Metro-Area GIS. 'e 230 East FIfth Street st, Paul. M1nnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDO/TIY 291-0904 MetroInfoUne 229-3780 An Equal Opportunily Employer Forum Invitation Page 2 e Mr. Will Calicott, vice-president of the North Texas GIS Consortium, will speak on the benefits their member organizations have realized from a multi-county GIS partnership that serves the Dallas-Fort/Worth area. The North Texas GIS Consortium serves a 2,700 square mile area and lists over 20 partners. Calicott's role in each forum will be to demonstrate that multi-participant GIS is possible and can pay long-term dividends through improved efficiency and cost savings for the member organizations. Scott Beckman, director of the Dakota County Economic Development Partnership, will discuss how multi-participant GIS provides the common framework necessary for his organization to function. Beckman is scheduled to speak at the Monday, Oct. 23rd forum to be held at the Maplewood Community Center. At the Thursday, Oct. 26th forum, to be held at the Eden Prairie Community Center, Dr. Clark Evans, director of technology and media for the Minnetonka School District, will discuss how sharing land-based information among cities, counties, and school districts can save on costs and make useful information available for decision making. Rick Gelbmann, GIS coordinator for the Council, will propose a strategy to start the development of a Metro-Area GIS. If you have any questions about the forum, call Randall Johnson, GIS liaison for the Metropolitan Council, at 291-6638. You are encouraged to call Randall Johnson to indicate whether you will be attending the Maplewood or Eden Prairie forum and to indicate the number of people that will be attending from your organization. Please also fill out and return both of the enclosed survey forms to help the speakers prepare their presentations. r/)b, -J /fie! D~ Arbeit, Executive Director LMIC ~son, Chair Metropolitan Council enc: program Maplewood map Eden Prairie map GIS survey question form e ~ "if e METRO-WIDE GIS: A MEANS TO IMPROVE YOUR ORGANIZATION'S EFFECTIVENESS AND REDUCE COSTS FORUM PROGRAM MONDAY, ocr 23, 1995 1 P.M. TO 4:30 P.M. MAPLEWOOD COMMUNITY CENTER THURSDAY, ocr 26, 1995 1 P.M. TO 4:30 P.M. EDEN PRAIRIE CITY HALL 1:00-1:20 Welcome and Overview of Geographic Information System (GIS) Technology 1 :20-2:45 How Multi-Participant GIS Efforts Can Pay Dividends for the Individual Participants Speaker - Will Calicott, vice-president of the North Texas GIS Consortium and GIS coordinator for the City of Dallas ' '," ,. <,'0(, . Speaker - Scott Beckman, ,executive dkector of the Dakota County Economic' Development Partnership ...:':';.)(October 23,1995) , fd . _"~ h,'.: ,'. _ -r~,_~_ .:::-": ,~i~:__,~../~ . , , ,..,.~~:>;:_':',~\, ;"';/<f~~~,,-jl-:{~:~ - - -,' _~-', . Speaker - Clark Evans, Director ofT#bIiology.and Media, MinnetoIikaSchopl District' ,.... ,;'::;~;;:(October 26,1995) . '.' 2:45-3 :00 Break Strategy to Create a Metro-Area GIS",'Y/'\.;;'7:c~,t~, --~ ".3:30-4:15 . , Moderator - Will Craig, assistant director,' Center for Urban ana RegioDalAifairs (CURA) '.....'.;':,..~';:"L,,' , . .,~:.>,hi:, - David Arbeit, executive director, Minnesota Land Information , Center (LMIC). . '. . - Scott Beckman, executive"director, Dakota County Economic Development Partnerhip .,''''(October 23, 1995) - Clark Evans, Minnetonka School District (October 26, 1995) - Rick Gelbmann, GIS coordiriat'or, Metropolitan Council .. _ 4:15-4:30 Closing -- "'-"-~4 ......... <~~. * . .. E.... r,,'r.. 0, e"'~lr.... Otpc. 101O MildotH ..... M... EMI_. . Hwy36 "'~~ ~c:Jen r:Jrc;lIrl~ V. II"ICW ._ . .. Edo rr.irie ._ ...e_,....... C'iltt_... ... ,,'.. .. 'I " I. ' .~', . CouaIy llaed B I < J 11 ~ o Maia Patine Lot &aaace Maplewood Community Center 2100 White Bear Ave (612) 779-3555 I Meeting: M:onday October 23 at 1:00 PM City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN CIty Center (612) 949-8300 Meeting: Thursday October 26 at 1:00 PM N .... .. I.... .. MitdICl. ._ , e IIwy' . Pnit~ Cctltcr Ur.ye... ISl IIwy' . T .. Mllchen ...... , T............, lid.. . 11-, ."m, .. SetH: ........ ...... .. A.....,_ Lot" ",wy. e QUESTIONS/CONCERNS FOR PANEL DISCUSSION AT mE GIS FORUMS ON OCTOBER 23RD AND OCTOBER 26m If your agency/unit of government has any questions/concerns regarding the Metropolitan Council's goal to facilitate widespread sharing of GIS data and technology among public and private organizations serving the Metro Area, please let us know during the forum or send to the address below. (please note that we do not intend to make public the author of any question/concern submitted in writing): 1. 2. 3. 4... (please submit as many questions as you like) II III I I I I I I I I I II I II I I III 1111 I I I I II I I I I I I I I III I I III I I II I I I I I I II III II I I Please turn in the at the October 23rd or October 26th forum or mail to: Randall Johnson, GIS Liaison Metropolitan Council 230 East Sixth Street St. Paul, MN 55101 e GEOGRAPHIC INFORMATION SYSTEM (GIS) ORGANIZATION SURVEY e The Metropolitan Council is proposing to create two committees (technical and policy maker) with representatives from organizations/units of government in the seven-county Metro Area with interests in GIS technology. The proposed committees would evaluate ways to promote wide-spread sharing of GIS data sets and resources across the seven-county, Metro Area. To prepare for this effort, the Council would, appreciate the following information from your agency/organization: I. Name of OrganizationlUnit of Government: ll. Our organization is: _ Using GIS technology _ Plans to begin using GIS technology in 1996 _ Interested, but no definite plans ill. Please keep the following person(s) from our organization informed about the Council's GIS study effort. (Ifinterested in serving on the Technical Advisory Committee(s), please place "T AC" after the name. If interested in serving on the Policy Maker Advisory Committee(s), please place "PMC" after the name: Name: Address: Name: Address: Phone: Fax:: E-Mail:' Phone: Fax:: E-Mail: Name: Address: Name: Address: Phone: Fax:: E-Mail: Phone: Fax:: E-Mail: II I I I I I I I I I I I I II I I I I I I I II I I I I I I I I I II I I I I I I I I I I I I II I I I I I I II I I I I I I I I I I I Please turn in at the October 23rd or October 26th forum or mail to: Randall Johnson, GIS Liaison Metropolitan Council 230 East Sixth Street St. Paul,:MN 55101 e ... (, c. It> /J/ 'i ")- .. e September 28, 1995 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson Louise Bergeron; Supervisors Jerry Hicks, Jack Takemoto, David Johnson and David Francis. Also, Planner Mike Gair, Engineer Paul Pearson, Attorney Tom Scott, Treasurer Warren Erickson and Peace Officer Steve Nelson. 1. AGENDA - M/S/P Takemoto/Hicks moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Takemoto/Francis Town Board Meeting Minutes as written. moved to approve the 9/14/95 Stillwater (4 ayes) David Johnson arrived. 3. TREASURER- 1. Report given. 2. M/S/P Takemoto/Hicks claims #575 - #603 were approved for payment. (5 ayes) 4. ATTORNEY- 1. Rivard - notice of appeal can not be filed for another 2 weeks. Will be done at that time. e 5. PLANNER- 1. Discussion re: The DNR application to drain into Twin L~kes. 2. M/S/P Johnson/Takemoto moved to have Jeffrey Berg (SWCD) provide technical assistance to Stillwater Township in determining WCA compliance. (5 ayes) 3. Hunters Ridge Subdivision still has some problems. Wording changes needed. 4. Cooperative Agreement - Mike Gair will contact MNDOT about excess fill. Ask them to leave it for the frontage road. 5. A-I Zoning - wording for the amendment to the Zoning Ordinance - "1 unit per 10 acres inclusive of road right-of-way" approved. The Planning Commission to hold the hearing. PEACE OFFICER - 1. Will attend two court cases - speeding violations. 2. After the road overlayment, speeding and tickets have increased on Stonebridge Tr ail. 6 . Stillwater Town Board Meeting - 9/28/95 Page Two 3. Complaint received about early morning shooting at the County Pistol Range. The Township did not receive its usual notification. 4. Three complaints received re: Soil and Water Survey people checking on livestock that are possibly effecting ground water. 5. Resident notified us that the dead end sign on 103rd Street can not be read. 6. Requested that the Township Dangerous Dog Ordinance be changed to adopt the State Statute re: Dangerous Dogs. The Attorney will prepare it for the next meeting. 7. Sandy Schwartz present to request "No Parking" signs by her house because of the public nuisances caused by access to the lake. Four "No Parking" signs and a "No Public Access" sign will be installed. If this doesn't help, there will be no attempt to sign the entire road. e 7. OlE MINOR SUBDIVISION - M/S/P Johnson/Takemoto moved to approve the Oie Minor Subdivision. (5 ayes) After the Attorney approves the deeds, the Chair may sign. Park dedication will be presented at that time. 8. STONEHENGE SUBDIVISION - Problem re: Seeding and silt fences that are down. The Engineer will check into this - report next meeting. 9. POLICY RE: SUBDIVISIONS - Final plat mylars will only be signed at Town Board Meetings. Developers are responsible for delivering mylars to the Township. 10. ENGINEER - 1. M/S/P Johnson/Hicks approved the NSP Permit for gas main construction - Stonebridge Subdivision. (5 ayes) 11. PUBLIC WORKS - 1. Class 5 was used instead of lime rock on Stonebridge Trail for the r~ad easement - Louise Bergeron will look into this. 12. TOWNSHIP COpy MACHINE - Consensus of the Board was not to purchase a Maintenance Agreement for the Township copy machine at this time. 13. BROWNS CREEK WAMO - David Francis reported that changes in the Joint Powers Agreement will be forthcoming. 14. STONEBRIDGE TRAIL - M/S/P Hicks/Francis moved that the area of Stonebridge Trail from the 4 corners to Partridge Road be a No Passing Zone. (5 ayes) e 'T' Stillwater Town Board Meeting - 9/28/95 . . Page Three e M/S/P Hicks/Bergeron moved to approve a 4-way stop at Penfield and Stonebridge Trail. (4 ayes Johnson nay) 15. ADJOURNMENT - Meeting adjourned at 10:35 p.m. Clerk Chairperson Approved e ~ e l... MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: BWBR Architectural Services Contract DATE: September 29, 1995 Discussion: Accompanying this memo is the proposed Architectural Services Contract between the City of Stillwater and BWBR. The contract is a "standard form" of contract and provides for a fixed fee of $316,000 to complete the Phase II work. The Phase II work includes preparation of final plans and specifications and observation of construction. The contract also provides for reimbursable expenses which are estimated at $25,000. I have included a letter I received from Pete Smith which further explains the contract (note: the work associated with furnishings will be done on an hourly cost basis and not at a set fee of $8000, Further, certain items such as special communications, landscape design and signage are not part of the services and will have to obtained in-house or from other parties/consultants). I have reviewed the contract and the fees appear to be reasonable based on the estimated construction costs and the nature of the City Hall project. The City Attorney has reviewed the contract and it is acceptable to him. Recommendation: Approval of contract. 1!PU RESOLUTION NO. 95- w APPROVAL OF CONTRACT BETWEEN CITY OF STILL WATER AND BWBR ARCHITECTS FOR ARCHITECTURAL SERVICES CITY HALL REMODELING AND EXPANSION - PHASE II BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Contract for Design/Construction Services for Phase II of the Stillwater City Hall Remodeling and Expansion, attached hereto as Exhibit A, by and between the City of Stillwater, Minnesota, and BWBR Architects is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 3rd day of October, 1995. Jay L. Kimble, Mayor ATTEST: Modi Weldon, City Clerk e I I I I ...' r I . e SJ~~c? BWBR ARCHITECTS Architecture. Interior Design e eOO Sibley Street Suite 500 SI. Paul. Minnesota 55101 6122223701 fax 612 222 891> I m~@~D\Yl~ ~ SEP I 4 915 ~ I'l September 13, 1995 Mr. Nile Kriesel City Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Stillwater City Hall Remodeling and Expansion Phase IT Design! Construction Services Commission No. 95057.01 Dear Nile: We are pleased that the City Council has decided to move into the next phase, (phase II) of the project for expansion of the City Hall. As per their direction at the August 15, 1995 Council Work Session, this is a proposal to complete this project We propose a new Commission number (95057.01) to allow us to track this next phase separately. SCOPE OF SERVICES Phase II sexvices will take us through completion of the project, including design and construction sexvices. It includes all necessary architectural and engineering sexvices. It does not include the following sexvices: Special communications (ie. within the Council Chambers), Acoustic engineering, Landscape design, or signage. It does include a separate proposed fee for the design, selection and specification of furnishings, if required SCHEDULE Based on the verbal authorization by the City Council these sexvices have begun. The documents will be ready for bidding shortly after the first of the year (1996). ~ Mr. Nile Kriesel City of Stillwater City Hall Remodeling & .Expansion Commission No. 95057 September 13, 1995, Page 2 I . - COMPENSATION Based upon the scope of work for this project, we propose a total fee for architectural and engineering services of Three Hundred Fifty Five Thousand dollars ($355,000). This figure includes the $39,000 spent for the conceptual design (phase I), we just completed. As we agreed, the full amount from that phase would be applied towards this one, making the fee for completion, (phase II) lbree Hundred. Sixteen Thousand dollars ($316,000) plus reimbursables. Mechanical, Electrical, Structural and Civil engineering are included in this fee. Reimbursable expenses are estimated at $25,000. All reimbursable project expenses are in addition to the compensation for basic services and include but are not limited to, long distance communication, reproductions, mailing, CADD expenses, photographic teclmiques, and incidental expenses related to the project, and will be billed at a multiple of one and one tenth (1.10) times the cost to BWBR. In addition. if needed we propose a lump sum fee for the design. selection and specification of furnishings of Eight Thousand dollars ($8,000). This figure is based upon a $65,000 figure for new furnishings throughout the facility.(see attached Budget Summary for budget assumptions) e Nile, attached is a Budget Summary for your review. It indicates a Total Project Cost of $3,750,000 which was approved by the Council. It also identifies a preliminary list of Miscellaneous Project costs which are unknown at this time. Every effort should be made to verify these costs as soon as possible. If you are comfortable with this proposal, I will draft a standard AlA Owner/ Architect agreement for your review and signature. Respectfully submitted, BWBR ARCillTECTS, INC. ~r/;r peter~~A Project Manager cc: Dave Magnuson, City AUomey, City of Stillwater C. Jay Sleiter, BWBR Dennis Vonasek, BWBR Attachment: Preliminary Budget Summary e 13 September, 1995 BWBR Architects, Inc. 9-13PROP.DOC S'iillwater City Hall Remodel & Addition Preliminary Budget Summary e Commission Number 95057 13-Sep-95 Subtotal 10% Contingencies Construction Cost $2,900,000 $290,000 $3,190,000 e Project Costs Proposed Architectural! Engineering Fees for Completion Reimbursables Furnishings Furnishings Design (if needed) Soil Borings Survey Miscellaneous Project Costs Communications Consultant (if needed) Acoustic Consultant (if needed) Landscape Design (if needed) Signage Equipment Moving Expenses Telephone Miscellaneous ? $316,000 . $25,000 $65,000 $8,000 $1,500 $1,300 $143,200 $560,000 'm". '()".. '::U.' 'gt\')>:e..,.,"lR' '...(). ".'.J.'E"'~"<"'m'y(5".'., () '\ ", .,_ '. ',:c . '::~.:::: _ . .:': :. .; ,.::;;.~;: -':'C. ,.:::.' ,', lli>>k~~k;:;').::~;'JkA~;;;,,*~i.:~~;;::~~%~~:k]b~i:;.:;-....:.. Note: 1. Furniture estimate based on new furniture in Council Chambers, public waiting areas conference rooms, lunchroom, and 8 new systems furniture work stations. All other furniture is assumed existing to be relocated. 2. Communications, Acoustics engineering, and Landscape design are not always needed and therefore defined as additional service (not typically within the base agreement) by the AlA. On this project, acoustic engineering and landscape design may not be required. Communications will be needed, and should be contracted directly with the city. Actual installation and equipment costs for communications (specifically within the Council Chambers) will also need to be determined. 3. Project cost estimate of approximately $3,750,000 was approved by the City Council at the August 15,1995 Council Work Session. 4. Proposed Architecturall Engineering Fee, does not include the $39,000 spent to date on conceptual planning or previous studies. e K:95057/BUDGET SUMMARY.XLS BWBR ARCHITECTS INC. COMMISSION NO. 95057 e e e , ',------ --. ..." ;'1' Standard Form of Agreement Between Owner and Architect oap..fl AlA Document 8141 - ElectroniQ Formst AGREEMENT made as of the Twenty Fifth day of september in the year of Nineteen Hundred and Ninety Five BETWEEN the Owner: (Nam~ ",Ill "ddrclI) City of Stillwater 216 North 4th Street Stillwater, MN 55082 and the Architect: (Namc alld addrltll) BWBR Architects, Inc. 400 Sibley Street Suite 500 St. Paul, MN 55101 For the following Project: (Tlft:ludll d~llIil~d dC/cripriDII Df PrD}'~t. '''~4IiCJII, add"lI alld ICOp".) Expansion and remodeling of the existing Stillwater City Hall and Fire Hall Building. This contract is for Phase II Design Services (BWBR Commission No. 95057.01) (Design Development through Construction) for a vertical expanSion to the City Hall, east expansion on three levels, general remodeling throughout, remodeling and additions to the Fire Hall. This project follows the direction given by the City Council at the August 15, 1995 City Council Work Session, and is basea on the approv~d concept developed during Phase I (BWBR Commission NO. 95057). See Article 12.2 and 12.10. The Owner and Architect agree as set forth below. Post-It'" brand fax transmittal memo 7S71 __ F Fax' THIS DOCUMENT HAS IMPORTANT LBOAl.. CONSEQUENCBS; CONSULTATION WITH AN ATTOllNSY IS BNCOURAQBD WITH ll.BSPBCT TO ITS COMPLBTION OR. MODifiCATION. AUTHBNTICATION Of THIS BLBCTRONICALLY DRAfTBD AlA DOCUMENT MAY ~B MADE BY USING AlA DOCUMBNT D401. COpYr1lht 1917, 1!'.126, 1941, 19$1, 19S3. 1958, 1961, 19C1!, 1!'.166, 1967, 1970, 1974, 1977, 1987 by The AlIlcric:aA ("'tillite of Architect., 1735 New York Avenue, N.W.. Wasbington, D.C., 20006-5292. Reproduction ot the material berela or .ubnaatial quotation of iLl provislo" wltbout writton pcrmil.ioD of!.bc AlA violate. lbe copyri&ht law. ot thc UDitCl! Stat.N &Del will be subject to 10lal prosecution. AlA DOCUMBNT BU1 . OW~IIR.ARCKrl'ICr AORBBMIlNT . POUll'l'll8llTH IDrrJOll . "lA . CO'Y1UOI\T 10.., . THB AWBRICAN IlIITmJT11 0' "RCHrrBCTI. 1735 NIiW YOIlI AYBltUI It.w.. wAIHINOTON, D.e, UOO'.S2'2. W....IlJIIHO' UoIlH_4 ....'....1i.' ,iolll.. V.I. .."rI,.llln ... 1.1 ..b~1t III I.." ,'''Ka'i... T\io ._.IIl wu 01.G1,..I<;.U1 p....... .....IIH.H ......r .,"00!13......". ......._. wll.nl,IIIIIlOl..tIl.IU19.. Electronic DocuJ2lCnt Service B141.1987 1 ~s AND CO~mONS;F AGREEM~,BETWEEN O_WNER ANDARCHITECT A~TICLE 1 ARCHITECT'S RI!SPONSIBILITlES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expeditiOUSly as is consistent with professional skill and care and the orderly progrefls of the Work. Upon request of the Owner. the Architect shall submit for the Owner's approval a schedule for the performance of the Architect'S services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, exoept for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLU SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Atohitect's Basic Services consist of tbose described in Paragraphs 2.2 through 2.6 and any otber services identified in Article 12 as part of Basic Services, and inclUde normal strUctural, mechaniCal and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE See ArtIcle 12.Z 2.2.1 nae ArehifeGt shan fe'fiew the. program furnished-by tlie 0 \finer to aseertaM the reqairemeats of the-Projeet-and ~\tnderltaDding ohueh reql2itomeutl with the Owner. e 2.2.2 The A:rehiteellhU pre'fide a pleliminary e"l8:bultion of the Owner's program. schedule and eOlublSetion-budget rcqt1ncments, each in tet'flll of the other. subject to Ole Hmitations S~l forth hi Slfbparagrap~ 2.2.3 'the Architect shall revi-ew-with--tbe-9wftet alternative appreaehes-to desigft and c;on~truetiol\ of the Project. 2.2.4 i)-aseel On the- fhtlt\lally agreed-upol\ progrA1ll'; schedule ud com-tnet'ion budgc.t reqlfiremenls. the ArehHcc;t sb'aU propa:re, for approval by--the OWl\e.r, Sehcmlltic:,-t;>esica Docttmeflt5 eoftdst:i:ng of-drawi'1tgs and otheHOCtlmenls iHustfatiA& the ~ale-aluS relat:itlndrip-ef Projeet componenfl;- 2.2.5 .![,he Arehiteet shall Stlbmit t'O--the. OWneI a. prdlminal) ~sttmate of COtlSl:1'l1ction Cost baled Oft cut1'eM t1'elt;""'YOlume-er other unit coset,:, 2.3 DESIGN DEVELOPMENT PHASE e 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program. schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other docwnents to fix and dellcribe the size and character of the Project as to architectural, structural. mechanical and electriCal systems, materials and such other elements as may be appropriate. See Article 12.2 2.3.2 ~c Architec;t .htil adyisG t:h~ Own'f of afty adjustmealll lethe prelimitJar)l estimate of COftsl:1'uc;tion €ott:See Arti~le 12.7 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based On the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorited by the Owner, the ATchitect shall prepare. for approval by the Owner, Construction Documents consisting of Drawings and Specificationll setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding infonnation, bidding ei I AlA IIOCtlMIINT 1l1~1 . OWHIlR.ARCHITP.cr AOMUIlMIlNT. 'OURTII\INTH BDrrlON . AlA. COrVIIIQllT 1917. Till AMBIII;:"N 1NSTl'nn1i 0' AIlClDTl!cr:c. 17" NBW YOMIt "VEHUII H.W.. WASIUHaI'OIoI.I),C. ~uooo.n92. WIoKNIWO, \1.1I...1Id p/IclIacQJll'laa W1uloou. U.s, ~... ,.... ud 1I.~Iol"'" l~ I...I_DOI. "". .........., _ llIclr_y ptaduw/ ..~...II_ IIImbor 1_13 ud... be leproduad wllhoul vlollII'... uDltIIl"..5IM. Electronic Document Service B141.1987 2 e forms, the Conditions of the Contract. and the form of A~reemcnt between the Owner and Contractor. 2.4.3 .t-he-1\-reltii.t~t ShaH-advise the 0wn-e-r-ef-1tny lI'<1jtlstments-t-e--pt'evl-eus preli'miftl\ty tll".:tmates or €onsU'lIction C-f>8"Hnt.lieated-by-ehanges- in reqtlllc.uent..'l-t)f ceneraI-mmt eonditioftS:'See Article 12.7 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE~.ADMINISTRATION OF THE CONSTRUCTION CONTRACT e 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AlA Document A201, Genem1 Conditions of the Contract for Construction, current as or the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted. modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent sball not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final pa)'lDent to the Contractor is due, and (2) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contract for Construction, The ArchiteCt shall have authority to act On behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.8.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progrellS and quality of the e Work compl6ted and to detennine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However. the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (Mor~ e~tensive site representatifJn may be agreed to as an Additional Service, as described in Para~raph 3.2.) 2.6.8 The Arcbitect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents, The Architect shall not have control over or charge of acts or omissions of the Contractor. Subcontractors, or their agents Or employees, Or of any other persons performing portions of the Work. ~? 2.8.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress, 2.6.8 Except as may otherwisc~!>e provided in the Contract Documents or when direct communications have been special1y authorized, the Owner and Contractor Shall communicatu through the Architect, Communications by and with the Architect's consultants shall be through tbe Architect. 2.6.9 Based On the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subp1u'agraph 2.6.S and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that. to the best of the Architect's knowledse, infOrmation and belief, quality of the Work is in accordance with the COntract Documents. The foregoing representations are subject to an evaluation of the Work for conlonnance with the COntract Documents upon Substantial Completion, to results of subsequent tests and inspections. to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in tbe amount certified. However, the issuance of a /oJ'" DOCUMENT 11141 ,OwNIlR.AIlCHITIICT AGKUUMBNT. POUIITllIlNTtl UOrTION. All.. COPYJUGHT 1917. THI Atof8RICAN lN5T1TtJTl! OP ARCHI'rUcr5, 1735 IIEWYORK AV8NUll II.W.. WAilHlNGTDN, D.C. ~OOOti-$292, WAIlNlND! U,U..and phcXDOOfl1Il' .101.... U,S. _.... IIWI AId" llllojDII lei 1Ip1 plGf<<!lIlIll.. 11", documIal _ eltalO.icoUy ",DIi_ ullll.lIcI.. _ 1IOfOOO'" aad ~ boo lIJllOdUaecl 11II...... .loItIIkt. ullllln'l9Ii. Electronic Oocument Service B141-1987 3 Certificate for Fayment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work. (2) reviewed construction means. methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary Or advisable for implementation of the intent of the Conlract Documents. tbe Architect will have authority to require additional inspection or testing of the Work in aocordance with the provisions of the Contract Doc\l1ncnts, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nOr a decision made in good faith either to exercise Or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents Or employees or other persons perfonning portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with infonnation given and the design concept expteucd in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in thD Work or in the construction of the Owner or of separate contractors. while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor. all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or. unless otherwise specifically stated by the Architect, of construction means. methods. techniques, sequencDs or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of perfonnance characteristics of materials. systems or equipment is required by the Contract Documents. tbe Architect shall be entitled to rely upon such certification to establish that the materials. systems or Al;,I>OCUlollINT .141 . OWN~R.AACHITICT AOIlIIP-MBNT .I'OURTBENTII BDI'rION. AlA. l:OI'YRIOH'r 1,.7. THI 4MBRICAN INSTITUTI! OP AIlCklTllc:TI. I7JS NIIW YORK AVIINUI N.W,. WASlIINClTON, D.C. 20C10d.S2!1.1, WAKNINO, UDII....., ~III vtoIlluo t1.J, CI'I'7I1.",Ia,.. WI ill ..Ioj....o 1011I p11lNOU11OD. ,"tI. okIcu_ _ .I~" 1''''''_ _11_ ..n..... lHOOOSIJ__ llt ,......_ wtlhoul """'DD "'114 W/IllS. equipment will meet the performance criteria required by a the Contract Documents. ,., 2.6.13 The Arch hect Shall prepare Change Orders and Construction Change Directives, with supporting documentalion and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and eJtecution in accordance with the Contract Documents. and may authorize minor changes in the Work not involvins an .djusttnent in the Contract Sum or an extension of the Contract Time whiCh are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor. and shall issue a fmal Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters conccming perfonnance of the Owner and Contractor under the requirements of the Contract Documents On written request of either the Owner or. Contractor. The Architect's response to luch requests shall be made with reasonable promptneslI and within any time,lim.its agreed upon. 2.6.16 Interpretations and decisions of the Architect shall e be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of dr~wings. When'making such interpretations and i.Jtitial decisions. the ArchiteCt shall endeavor to secure faithful perfonnancc by both Owner and Contractor, shall not show partiality to either. and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims. disputes Or other matters in question between the Owner and Con~tor relating to the execution Or progress of the Work as provided in the Contract Documents. 2,6.18 The Architect'S decisions on claims. disputes or other matters. inCluding those in question betwetn the Owner and Contractor. except for those relating to aesthetic effect as provided in Subparagraph 2.6.17. sball ~ subject to arbitration IlS provided in this Asreement and in the Contract Documents. e Electronic Docwnent Service B141.1987 4 e ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are nOl included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement. in addition to the compensation for Busic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the OWner. If services described under Contincent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect'S control, the Architect shall notify the Owner prior to commencing such services. If the Owner deeIIlli that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Archil.cct, If the Owner indicates in writing that all or part of suoh Contingent Additional Servicell are not required. thc Architect shall have no Obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES e 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6,5 is required, the Architect shall provide one or mOre Project Representatives to llssist in carrying out such additional on-site rellponsibililics, 3.2.2 Project Representatives shall be selected, employed and directed by the Architect. and the Architect shall be compensated therefor as aireed by the OWner and Architect. The duties, responsibilitles and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement. unless otherwise agreed. 3.2.3 Through the observations by suoh Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work. but the furnishing of such project representation shalt not modify the rights, responsibilities or Obligations of the Architect as described elsewhere In this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions In Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, includlni revisions made necessary by adjustments in the Owner's program or Project budget; e .2 required by the enactment or reviSion of codes, laws or regulations subsequent to the preparation of such documentsj or .3 due to changes required as a result of the Owner's failure to render decillions in a timely manner. 3.3.2 Providing survices required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2,'. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data. evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with eValuating substitutions proposed by the Contractor and making subsequent revisions to Drawil1gs, Specifications and other documentation resulting therefrom. 3.3.5 Providing 'consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.8 Providing service" made necessary by the default of the Contraotor, by major def~cts or deficiencies in the Work of the Contractor, Or by' failure of perfonnance of either the Owner or Contractor under the Contract for ConstIUctlon. 3.3.7 Providing "ervioes in evaluating an extensive number of claims submitted by the Contractor Dr others in connection with the Work. 3.3.8 Providing services in connection with a public hearing. arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate. separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of tbe Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project.Sec Article l.U 3.4.2 Providing financial feasibility Or other special studies. 3.4.3 Providing planning surveys. site evaluations or comparative studies of prospective sites. AI.\. DOCUMllNT 8141. OWNl!R-ilIlCHlTBCT AliRBllMBN'I'. I'OURTEBN'I'II al)ITION ' AlA. COpyltlOHT 1917. THO AMEIlICAN INSTniJTI.l OF A1tClllTll~S. 1'3~ NOw YOU: AVENUB N.W.. WASHlN<7l'ON. D.C, ZOQ06.S:lo:I. WIlRNINO: UIlI<ohai............pyl.._.. U,I. .'PJriI/n 1_ IIIlCIII ..1lJ... '" Iopl ,,_a, Tbll ............1 _ IllGlIa_lI, Jlfod...... ...J" 11_ ~ --'1' lid ... 11<...,.... wllhaoi Vlalllloa 011I1 m~l96. Blectronic Document Service B141-1987 S 3.4.4 Providing special surveys, environmental 8tudies and submissions required for approvals of governmental authoritiell or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy ot drawings or other information furnished by the OWDef. 3.4.8 Providing coordination of construction perfotnll)d by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estUnates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other Ilimilar services required for or in connection with the selection. procurement Or installation of fumiture, furnishings and related equipment.~rticle 12.3 3.4.14 Providing services for planning tenant Or rental spaces. 3.4.15 Making investigations. inventOries of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during constIUcuon based on marked-up prints, drawings and other data furnished by the ContraCtor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of opemtion and maintenance manuals. training personnel for operation and maintenance. and consultation during operation. 3.4.18 Providing llervices after issuance to the Owner of the final Certificate for Payment, Or in the absence of a final Certificate for Paymen~ more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 9.4.20 Providing any other set\lices not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. e ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements tor the Project, includine a program which shall set forth the Owner's objectives, IChedule, conlltraints and criteria, including space requirements and relationships, flexibility. expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect. the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The OWner or such authorized~ representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreuonable delay in the orderly and sequential progress of the Architect's services. ' 4.5 The Owner shall furnish surveys describing physical characteristics, legallimitatioDl and utility locations for the site of the Project. and a written legal description of the site. The surveys and legal Information shall include, as applicable. grades and Unes of streets, alleys. pavcment,'l and adjoining propeny and structures: adjacent drainage: rights-of-way. restrictions. easements, encroachments. zoning, deed leliltrictlons. boundaries and contours of the site; locations. dimenSions and necessary data pertaining to existing buildinglil. other improvements and trees; and information concernins available utility services and lines, both public and private, above and below grade. including inverts and depths. All the infonnation on the survey shall be referenced to a project benchmark, 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may iIl.clude but are not limited to test borings, test pits. detenninations of soil bearing values. percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoU conditions. with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and arc requested by the Architect. e e AlA l)octllolllNT 114' . OWN'llR'AkCIUTlCT AOaP'IIMIljljT . PCIURTlENTH Bl)rrlON . AlA . C:OPYR!OJ.l'l' 1917 . TKa AMllllCAPl ~mn11'I OJ! AIIC1l1TIICTS, ITU NEW yon AVBNUIl N,"',. WA5/11Nal'ON. D.c:. ~_ncr.l. WAIINlNCi: UaIl..lloal ""OIocapylq YIOIll... u.s, ~ I..... ud II ""'locllo It III plIlIIOlIllOt. '1'1I10 ........, _ '--111 rmI- uad_lIce... 11I_ 1MOOO51,.1d IlIlG "" """""'Ad wi"""" vID...... ..Ill 1J2~1Wl. Electronic Document Service B141.1987 6 e 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tell18, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal. accounting and Insurance counseling services as may be necessary at any time for the Project. including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or On behalf of the Owner. 4.9 The services, infonnation, surveys and report'l requited by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defeot in the Project Or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect fOr review and approval at least 14 days prior to execution. The Owner shall not request certifications lhat would require knowledge or services beyond the scope of this Agreement. e ARTICLE ~ CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost ~hal1 be the total COSl or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. structural, mechanical. electrical. and. ciVil engineert,.. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified. selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition. a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-oC-way. financing; or other costs which are the responsibility of the Owner as provided in Article 4. e 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evalualions of the Owner's Project bud~el, preliminary estimates of Construction Cost and delailed estimates of Construction Cost, if any. prepared by the Architecl, represent the Architect's best judgment as a deSign professional familiar with the construction induslry. It is recognized, however. that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, Or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not WllITant or represent that bids Or negotiated prices will not vary from the Owner's Project budget or from Ilny estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unle~s such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fIXed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation. to determine what materials, equipment. component Ilystems and types of construction am to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract tor Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Ownc!lr and the date On which proposals are sought 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorite rebidding Or renegotiating of the Project within a reasonable time; .3 it the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. AlA DOCTMBN'r 11141 . OWN"l'-ARCIIITUCT AORBIlIoI8NT . !'OURTBI!I'mIIlI)ITlON . All.. COPYRIGHT 1917. THB AAQlRICAN IN$TIT1.IT! 01' AACKITIICl'S. 173S H8W YORK AVIINUU N.W., WA.!lIDNl1I'ON.l),C. 20001-ll'Y.!, WARNING: UAII.t_ phnc~.1 vloluco U.S. ""PYriIhl11Wl1lWl1a '~Hllct lopI proucuUOa. ",1. doculllllll wueltatollalllll, produOld ulllltt U............. 1HOOO'1] Old w be r.~ wllhaat vlalelIOtl...lllmM. Electronic Document Service B141.1987 "1 5.2.5 Jf the Owner chooses to proceed under Clause 5.2.4.4, the Architect, wilhout additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordllIlce with this Agreement for all servIces performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS. SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are inSlruments of the Architect's service for USe solely with re~pect to this Project and, unless otherwise provided, the Architect shan be deemed the author of these documents and shaH retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be pennitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others On other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirement.c; or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ArChitect's reserved rights. ARTICLE 7 ARBITRAnON 7.1 Claims, disputes or other matten in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration In accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currentJy in effect unless the parties mutually agree otherwise. 7.2 Demand for lU'bitration shall be f11ed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall bc made within a reasonable time after the claim, dispute or other maner in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be ban-ad A by the applicable statutes of limitations. . 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder Or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbittation inVOlving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing a81'eement to arbitrate and other agreements to arbitrate with an addItional person or entity duly consented to by the panics to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrator/! shall be final, and judgment may be entered upon It in accordance with applicllble law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION. SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party e upon not less than seven day.' written notice should the other party fail substantially to perfonn in accordance with tbe terms of this Agreement through no fault of the party initiating the tennination. 8.2 If the Project is suspended by the Owner for more than 30 consecutlve days. the Architect shall be compensated for services performed prior to notice of sucb suspension. When the Project is resumed, the Architeet'lI compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resllmption of the Architect's services. 8,3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is pcnnanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may tenninate this Agreement by giving written notice. 8,4 Failure of the Owner to make payments to the Architect in accordance with this Agreement sball be conSidered substantial nonperfonnance and cause for termination. 8.S If the Owner fails to make payment when due the Architect for services and expenses. the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless A payment in full is received by the Architect within seven .. AlA IlOCUhlllNT 1141 . OWNBII.N1CKlTBCT AClRBIIMIlNT. POUIlTlllINTIlllDmOH, AlA. COrYlIlOHT Its7. THE AIofBIlICAN IHITI'I'UR OP AI\CHITICTI. 1715 NIW YOII" AVBH~ H.W.. WAlIHlNOTON. D,C, 2_51~. WNlHINO: UllIl....., ....0I0G0PJl.. .IG...... u.s. ~I""lllwo lad 10 """"'1110 1.P!IRMU11U Thi......_ _ _61110..11, prod_III'" 11_........ 19oOCm13.u... ... roprod_ wllh..1 'Il_ !lUlU 812S196. Electronic Document Service B141-1987 8 e days of the date of the notice. the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liabilily to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Tennination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which arc directly attributable to tennination. Tennination Expenlles shall be computed as a percentage of the total compensation for aasic Services and Additional ServicBIl earned to the time of termination. as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if tennination occurs before or during the predesign. site analysis. or Schematic Desian Phl1.'les; or .2 Ten percent of the lotal compensation for Basic and Additional ServIces earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Baldc and Additional Services earned to date if termination occurs during any subsequent phase. e e ARTICLE ft MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of bUlliness of the Architect. 9.2 Terms in this Agreement shall have the lIame meanine as those in AlA Document A201. General Conditions of the Contract for Construction, current all of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertainin& to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substanti.:! Completion for acts or failures to act occUIrlng prior to Substantial Completion, or the date of is!luance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights asainst each other and against the contractors. consultants. asents and employees of the oUler for damages, but only lo the extent covered by propeny insurance during construction. except such rights as they may bave to the proceeds of lIuch insurance as set forth in the edition of AlA Document A201. Ceneral Conditions of the Contract tor Construction. current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors. consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves. their partners, successors. assigns and legal representatives to the other party [0 this Agreemenl and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents ebe entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements. either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with Or a cause of action in favor of n third party against either the Owner Or Architect. 9.8 Unlcss otherwise provided in this Agreement. the Architect and Architect's c'onsultants shall haVe no responsIbility for the disc~very. presence, handling, removal Or disposal of or expOsure of persons to hazardous materialll in any Corm at thc Project site. including but not limited to asbestos. llsbestoi'produots. polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have tbe right to include representations of the design of the Project. including photographs of lhe exterior and interior, among the Architect's promotional and professional materials. The Architectts materials shall not inClude the Owner's confidential Or proprietary information if the Owner has previously advised the Architect in writing of the specific infonnation considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materialll for the Project. ARTICLE j Q PAYMENTS TO THE ARCHITECT 10.1 CIRECT PI!RSONNEL EXPENSE 10.1.1 :Direct Personnel Expense is defined as the direct salaries of the Architect's personael engaged on the Project and the portion of the cost of their mandatory and cUlItomary contributions and benefits related thereto, such a., employmtnt taxes and other lItatutory employee benefits, insurance, sick leave, holidays, vacations, pensions and siIniJar contributions and benefits. MA DOCUMIlNT 1I1~1 . OWNBIl.ARCKlTe<:T AOKUlIMl!NT. I'QI.IRTBBN'I'H I!DITION . ...,,, . COI'YIIIOHT IN7 . TIl'I "'M1lRICAN 1N5T1Tt1'1'l1 01' ARCHlTIIC'l'S. 173' NEW YORK AYBNUIl N.W.. 'NASHINCITClN. g,C. 3000fi.32fZ. WoUlH1mI; Unllctalld plIl11llCOfll'l.. vl~1a1Io U,S, cow1lhll- ...llIl\IbjHt lo IeIIl pc_lot,. TlllI Acullltllll wu ."'_1""'11,..o4llold lIIlderllG6...1lIIIIlllot I96000JU IIIcI cu ba rapradui!od .........1 >lal.l... UDtIIII2SI!l6, Electronic Document Service B141.1987 9 10.2 REIMBURSABLE EXPENSES 10.2.1 Rei mbursllble Expenscs are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project. as identified in the followin~ Clauses. 10.2.1.1 Expense of traft3p61 tation in eoft:J\(;Glion~ projf;et; expenses in connection with authorized out.of- town travel; long-distance conununications; and fees paid for securing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, 10.2.1.3 If authorized in advance by the Owner. expense of overtime work requiring maher than reiUlar rates. 10.2.1.4 Expense of renderings. models and mock. ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professionalliabllity insurance, requested by the Owner in excellS of that normally carried by the Architect and Archirect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 1 1.1 is the minimum payment under this Aarcement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and. where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3U and to the extent that the time initially established in Subparagraph I1.S.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation Cor any services rendered during the additional period of .. time Khall be computed in the manner sel forth in .., Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services arc performed on those portions. in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMeNTS ON ACCOUNT OF ADDITIONAL SERVices 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incuned. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damagcs or .. other sums withheld from payments to contractors, or on .. account of the cost of changes'in the Work other than those for whiCh tho Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenscs and expenses pertaining to Additionlll Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or tbe Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL P A YMBNl' of none Dollars ($0 . 00) shall be made upon execution of this Agreement and credited to the Owner's llCcount at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR. BASIC SERVICES, as described in Article 2. and any other services included in Article 12 as part of Basic .. Services, Basic Compensation shall be computed as follows: .. AlA IlOCllMIlNT a 141 . DWN2Jl.4Ilt;HITBCT AORDIMINT . poumUNTK DOmON . ...1... . COPYRIOKT I!II? . TNB IoMIlRICAN 1l'''Tmml 01' AIlCH1Tl!Cl'llo 17U NaW YDRK AWNUIl NolI/,. W AIiIllNal'ClN. P,C. 20C106.~:!9.:!. WAIlNlNO, Ullllco_ ~... riall.. u.a. NP>"IaIlI Ill"" lid II .._ 10 III... /IIftIOIIIIIao, 'I'IIiI docwrul _ .IooIrOll<aIIJ ptod_ """'" Iloo.. _ _515 lid ... ... ~ ..lIh...t vtDIIlIDo ",,"'"12519fl. Electronic Document Service B141-1987 10 e e e (lnlut balil "'f conrp~lIltUi()n. including Ilipula/ed IU/III, mulliplel or p,rcllll/a/'Cel, and id,lItify "/lalel to whlcll pUrlicular nr,/lIod~ of 'ompenlallDn applJl. ifn'cfl....ary.) A lump sum of Three Hundred Sixteen Thousand Dollars ($316/000) (See Article 12.11). 11.2.2 Where compensation is based on a stipulated sum Or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the fOllowing percenlagefi of the total Basic Compensation payable: (Inl',./ additional pha", as upprop,.iat/t,) Schematic Design Phase: Zero Design Development Phase: Twen ty Five Construction Documents Phase: F i f ty Bidding or Negotiation Phase: Three Construction Phase: Twen ty Two percent (O%)See Artit,;le 12.2 percent (25%) percent (50%) percent (3 %) percent (22%) Total Basic Compensation one hundred percent{lOO%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as described in Paragraph 3.2, compensation shall be computed as fonows: Additional services compensation shall be based upon 2WB~'s standard hourly rates. See Article 12.8. 11.3.2 FOR ADDlTIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation. as described in Paragraph 3.2, and (2) servicclll included in Article 12 as part of Ba.'lic Services, but excluding services of consultants, compensation shall be computed as follows: ,;;, (l1I1II,.t busi.. tV comp'lIlal/Otl, including raIn utldlor multipl/ll of Dirtlcr P.,.,O/f/f/ll ~p/:!nltl fo,. Princlpuls llnd ,mploJ/I/I", and identify p,.lnclpal,f and .:l#Ili!? flmploJ/I/I,f, if requ;,./td. Identin Jpflcific "/lrvl~/:!I to w/iic1l parricul", m,thodl 01 CDmptlnlllrion apply. 1/ rI,.cellary.) Sarne as 11.3.1 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical cngineering services and those provided under Subpnraeraph 3.4.19 or identified in Article 12 as part of Additional Services. a multiple of one and fifteen hundredths (1.15) times the amounts billed to the Arcbitect for such services. (Jd~nljfy spIC/fie I1P'1 o.f c:onlultantJ ill Arlie/, 12. if Tlqui,ttd,) 11.4 REIMBURSABI..E EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2. and any other items included in Article 12 as Reimbursable Expenses. a multiple of one and one tenth (1 . 1 Q) times the expenses incurred by the Architect, the Arcbitect's employees and consultants in the in1erest of the Project-See Article l2.6 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SER.VICES covered by this Agreement have not been completed within -- (--) months of the date hereof. through DO fault of the Architect. extension of the Architect's services beyond that time llhall be compensated as provided in Subpara&l'aphlIO.3.3 and 11.3.2.S-ee ArtiCle 12.5 and 12.9 ItJA DCCt,I).fBNT DI41 . OWNBR....RCHI'l'UCT AliIl!IMIlNT' POURTBI!NTH mllTIOf'l. IIJA, CDPVllClfIT lilt? 'tHll .....WlIC...N INSTlTU'I'U 0' AIlCKITBCTS. 113' I/IIW YOU AvawB N.W., WAJlllNO'J'ON. D,C, 2_.52!1:!. W"'RNlNG: Unn..1llIal rI"~...P71.1 v!oIaI. U.lI. ..'/'Yri!lhlll........ lI.ubJ_ In Iopl........'IaL '\l\......._ _ oloGlraaleIJJ~ ~ ...II.....IU_ 19tIIlQO'13 ucI... lie ....,..m..d wldlllUl vla1llla.o ...111 Aml\l6, 'Blectronic Docament Service B141-1987 11 . . 11.5.2 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid e thir ty (30) days after the invoice date shall bear interest at the r"4te entered below. or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (!nl~rl I'fIlr: oJinttlr~~t Qsrt:r:d upon.t One half percent 1/2%) per month. (UI"l')IluWI and re,/ulrr:mr:ntl und.,. the F,deNI Trulh ;11 undill(l Act, limilar Jlale lltld local COn$umer credit laWl ~md oth,r regulat;onl at t/lll Own~r'l tlnd Arclritllct's principal plar....' "/ bUli"~I.\'. the wcatioll of tll" Proj,ct a/ld IlI.~tlwhepy may aU_,;t Ih, validity (Jf rIllI prollilion, Sp"1flc IlIgal adlliell Ihl.luld be obtai""d wi,h rnptCI ttl deletion.r or >>Imli/ieationl, alld Gllo nllardlllg "'f{uinm,ntl Iud "' wri"lIlI dilcloturr:1 or waiv,r,,) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with nonnal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (lnlert delcri{,tioll' of otllllr ,ervic", (dill/lib Additiollal Sl'rvice, i"e{l/dCld wi/hill Balie Compelllalioll tlnd modi/icatitJlIl II) ,he payment "lid c"I1Ipcn.rQtion tllNll.1 i"eluded ill 11Ii~' ",re,ment.) See Article 12 attached. This Agreement entered into as of the day and year fmt written above. OWNER ARCHITECT (SIClltllNreJ (Si,lIa,"re) City of Stillwater (PriIlt" nDme a/Jt/ title) c. Jay Sleiter, AlA President & CEO BWaR Architects, Inc. (Prlnl'" "am, and II,'Il) e e 11111 OOCUMBNT · 141 . OWNlUl.ARCNITlICT AORIIIlMBNT. POIJRTBBI/TlIl!Drrlol'J. AlA. CQPYItIOHT 1917. THB AMIIItICAN INITlTlIT8 Ol' AROUTICTI. 17J$ NBw yon AV5NtIJl N.W.. WASHlNOl'ON. D,C, 300(lfi.'~1Il. W.uNlNO, UolI_ plIcXo<a~.I.Inl_ U.S. ""fIl"'thll_ w iltvllllClIII 1ojtl..-.,11v.. 'l'lI.. _ -IflRlroolCIII, pradII<od _ II...,.. au_ '_SI3..~ All "" ..-...s "'_ vlolollon ...It 11J:lJM. Electronic DocurneQt Service B141.1987 12 . ARTICLE 12 . . 12.1 Conceptual programming was developed during previous studies. 12.2 Schematic design indicating conceptual plan, scope narratives of building systems and conceptual pricing (perfonned by George W. Olsen Construction Company) was completed during Phase I (EWBR Commission No. 95057) and was presented to and approved by the city Council at the August 15, 1995 City Council Work Session. 12.3 Interior design services for the design, selection, and specification of furniture, furnishings, and equipment (FF&E) are not included in Basic Services. 12.4 All project revisions after approval will be considered additional services. 12.5 This Agreement is based upon a fIxed time schedule which will be detennined by the Owner's construction manager, agreed to by the Owner and the Architect, at the completion of the bidding phase, will be added to this Agreement by Addendum and will start at the bid date and end at fInal completion. If for any reason this construction phase is extended, all construction phase services (in-office and on-site for all disciplines) shall be compensated as additional services (per Article 11.3). 12.6 Reimbursables expenses (see Article 10.2 and 11.2.1) associated with this project are estimated at $25,000. Should BWBR anticipate that these expenses will exceed this figure they will not proceed without prior written notice. 12.7 The Owner has contracted with George W. Olsen Construction Company of Stillwater as a Construction Manager for this project. GWO will perfonn all construction cost estimating services. 12.8 Standard hourly rate. Employee Classification Principal Senior Project Manager Senior Project Designer Project Manager Senior Project Architect Construction Administrator Specification Writer Quality Assurance Coordinator Hourly Rate $100 per hour $95 per hour $95 per hour $85 per hour $80 per hour $80 per hour $80 per hour $80 per hour Employee Classification Project Interior Designer Project Architect Senior Staff Architect Staff Architect Architectural Technician Administrative Staff Hourly Rate $70 per hour $75 per hour $70 per hour $65 per hour $55 per hour $55 per hour The billing rates will be adjusted annually on January 1st in accordance with normal salary review practices of BWBR Architects, Inc. 12.9 This project has begun based on authorization from the City Council on August 15, 1995. Conceptual design (BWBR Commission No. 95057) was completed on that date. These services are for design development through construction. Bidding phase is anticipated on/or about January 8, 1996. 12.10 Scope includes architectural, mechanical, electrical, structural, and civil engineer necessary to complete the design and construction of the concept approval August 15, 1995. This scope includes a 5,600 sJ. vertical expansion, 6,000 s.f. east expansion, and 13,000 sJ. of remodeling at the City Hall. It also includes 4,000 s.f. addition and 3,100 s.f. remodeling at the Fire Hall. These services do not include: special communications (audio/visual at Council Chambers), landscape design, or acoustic engineering. 12.11 Compensation is based on the conceptual construction cost estimate generated by George W. Olsen Construction and amounts to a total fee of $355,000. Phase I design (BWBR Commission No. 95057) included $39,000 of architectural and engineering expense. This amount is credited to this fee making the balance of the fee for completion of this project $316,000. '. . . . . . MEMORANDUM TO: Mayor and City Council FROM: Allen O. Zepper, Building Official DATE: October 3, 1995 SUBJECT: CD ROM Not being an expert on computer technology or verbage, I had asked for software to accompany the notebook computer we purchased. Part of what I needed was a CD ROM for our existing desktop computer. This $250 item is considered hardware and subsequently comes out of Capital Outlay. All of the codes are now available on CD ROM and I would like permission to purchase this item. , INSPECTION DATA . PERMITS ISSUED I 1993 1994 1995 INSPECTIONS 1993 1994 1995 i , I JANUARY i 351 45 401 JANUARY 180 269 172 i I , i FEBRUARY i 36 47 46 FEBRUARY 188 295 89 I MARCH -L~!L 75 67 MARCH 192 211 111 , - , L__._____1- I APRIL ' 106' 72 120 APRIL 205 281 205 I I - ! ! i I MAY i 971 83 111 MAY 289 201 213 I T ! i I JUNE I 105 83 85 JUNE I 264 186 221 ! , , I ; JULY 113 109 91 JULY 281 201 180 AUGUST 1181 165 99 IAUGUST 265 292 220 i I , SEPTEMBER I 1041 1451 73 SEPTEMBER 212 303 133 i i i OCTOBER i 129 89 I OCTOBER 3231 188 i I i I , NOVEMBER 651 91 i ! I NOVEMBER 319 276 ! ! ! , , ! i , DECEMBER I 80! 48! I DECEMBER 265 1121 i I ! I TOTAL 1 1,069 10521 732 TOTAL 3,083 2,8151 1,544 i I I I : , , I , LIVING UNITS CON TRUCT ED 1 I , ~ BLDG UNITS ~ BLDGS .u.N.IIS 1m BLDGS SINGLE FAMILY 109 109 129 129 43 43 I i I I TOWNHOUSE i 4 I 18! 41 8 i 1 : I I i I TWIN HOMES 10 ! 2.Q 2 2 8 16 i ! ! ! TOTALS _ I ~~__-L__147! 135: 139 51 59 [ I i : I , I I ! ! TOTAL RESIDENTIAL UNITS DURIN 1991,19912,1993,i,1994codecvcl es=6 47 . Ie Page 1 4 . INCOME TO DATE . MONTH BUILDING PLAN REV. PLBG. MECH. TOTAL JANUARY $2,233.50 $668.86 $329.00 $1,070.00 $4,301.36 FEBRUARY $13,733.00 $7,407.42 $595.00 $894.55 $22,629.97 MARCH $13,518.00 $6,985,26 $540.00 $395.00 $21,438.26 APRIL $27,894,50 $13,820,13 $2,289,75 $1,173.00 $45,177.38 , , MAY $10,353.00 $3,720.78 $3,115.00 $983.00 $18,171.78 JUNE I $11,027,00 $4,674.63 $2,083.10 $1,242.85 $19,027.58 I JULY $15,483.75 $6,420.83 $890.00 $570.00 $23,364.58 AUGUST $18,062.00 $6,982.68 $562,00 $1,103,24 $26,709.92 I I SEPTEMBER $9,102.50 $2,564.39 $757.00 $596.00 $13,019.89 , , OCTOBER $0.00 NOVEMBER $0.00 DECEMBER $0.00 TOTAL $121,407,25 $53,244.98 $11,160.85 $8,027.64 $193,840.72 . I. Page 1 ) . VALUE OF CONSTRUCTION TO DATE . MONTH BUILDING PLUMBING MECHANICAL ACCUMULATION JANUARY $242,800.00 $96,349.00 $27,850.00 $366,999.00 i FEBRUARY $2,692,716.00 $35,400.00 $80,455.00 $2,808,571.00 i , MARCH + $2,179,300.00 $32,020.00 $29,000.00 $2,240,320.00 APRIL $6,361,070.00 I $114,775.00 $97,830.00 $6,573,675.00 MAY I $814,803.00 $227,300.00 $99,350.00 $1,141,453.00 i JUNE $1,052,080.00 $211,189.50 $113,437.00 $1,376,706.50 ! JULY $1,989,300.00 $66,000.00 $52,070.00 $2,107,370.00 I i i AUGUST $2,055,100.00 I $38,960.00 ! $235,581.00 $2,329,641.00 i I I SEPTEMBER I $800,000.00 $86,550.00 I $49,385.00 $935,935.00 i i , OCTOBER i I $0.00 ! ! I NOVEMBER i $0.00 I I I i DECEMBER i I $0.00 , i i i TOTALS $18,187,169.00 $908,543.50 $784,958.00 $19,880,670.50 I I TOTAL VALUATION FOR 1994 = $22,009,572.00 i I i I TOTAL VALUATION FOR 1993 = $39,394,302.00 . I. Page 1