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Home My WebLink About1994-12-06 CC Packet At . Ie REVISED AGENDA * CITY OF STILLWATER CITY COUNCIL MEETING NO. 94-40 December 6, 1994 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 1. Request for City assistance for downtown Christmas decorations - Dave Peterson, Diane Rollie 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 - November 1, 1994 - Regular and Recessed Meetings November 15, 1994 - Regular Meeting PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commendations: a) Bernie Peltier and Leonard Schrade, Retired Firefighters b) Russ Kunde, 25 years service, Public Works Department 2. Commendation: Pat Qualey, Heritage Preservation Commission PUBLIC HEARINGS 1. Case No. SUB/94-59. This is the day and time for the public hearing to consider a minor subdivision of three lots of 9,375 sq. ft., 6,188 sq. ft., and 15,562 sq. ft. into two lots of 12,469 sq. ft. and 18,656 sq. ft. The properties are located at 710 and 704 West Linden, in the RB, Two Family Residential District. Tracey A. Galowitz, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 18, 1994, and notices mailed to affected property owners. 2. Case No. SUB/94-60. This is the day and time for the public hearing to consider a major subdivision of three outlots of 5.51 acres, 4 acres and 7.13 acres into 15 lots ranging in size from 22,411 sq. ft. to 93,727 sq. ft. The property is located east of County Road 5 and south of Orleans Street in the BP-O Business Park Commercial District. RLK Associates, applicant. Notice of the hearing was placed in the Stillwater Gazette on November 18, 1994, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Resolution: Approving Agreement with CUB for use and maintenance of Riverview Parking Lot City Council Agenda No. 94-40 December 6, 1994 Page 2 2~ Resolution: Adopting final 1995 Budget and final tax levy. ~ 3. Resolution: Approval of Development Agreements regarding purchase of UBC site and relocation of UBC to Stillwater Business Park. a) Lanoga Corporation (UBC), b) William Pauley and Violet Kern; c) St. Croix Catering Inc.,; d) Northern States Power Company; and e) George W. Olsen Construction Co., Construction Management. 4. Resolution: Case No. SUB/94-17, Pine Hill Estates. Final plat approval for 6 lot subdivision located at Boutwell Road and County Road 12. Clark Nyberg, applicant. 5. Resolution: Approval of Final Plat, L.I. 304, Myrtlewood. 6. Appointment: Park and Recreation Board 7. McKusick Pathway - Use as snowmobile trail NEW BUSINESS 1. Possible second reading of ordinance adopting moratorium on development of certain areas (ravines) within the City. . 2. Possible second reading of ordinance relating to recycling fees. 3. Possible first reading of ordinance regulating kennels. 4. Approval: Proposal for preparing city-wide address/zoning map and integration into City GIS System. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) CONSENT AGENDA 1. Resolution: Directing Payment of Bills. (Resolution No. 94-301) COMMUNICA TIONS/REQUESTS 1. Minnesota Public Utilities Commission - NSP Summary of Filings 2. Dave Eckberg - Request to have Engine #328 available for 1995 Lumberjack Days COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT Possible adjournment to Executive Session - Labor Relations Negotiations and Assessment Appeals e. * Items in italics are additions to the agenda. \ . . . STILLWATER CITY COUNCIL MINUTES REGULAR MEETING November 1, 1994 5:00 p.m. Present: Councilmembers Cummings, Kimble (arrived at 5:35 p.m.), Zoller and Mayor Hooley Absent: Councilmember Bodlovick Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell City Planner Pung- Terwedo City Engineer Eckles Consulting Engineer Moore Fire Chief Ness Planning Commission Chairman Fontaine City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Don Theisen WORKSHOP ON LEVEE PROJECT City Engineer Eckles reviewed the project and estimated costs. Motion by Councilmember Zoller, seconded by Councilmember Kimble to direct staff to prepare a report on costs and source of funds for the proposed levee wall project. All in favor. DON THEISEN - WASHINGTON COUNTY PUBLIC WORKS Don Theisen, Washington County Public Works met with Council to discuss sight distance concerns at the intersection of County Road 64 and Amundson Drive. Council requested that the County relocate the stop sign and paint a white stop bar on Amundson Drive. STAFF REPORTS 1. City Engineer - Motion by Councilmember Kimble, seconded by Councilmember Zoller to authorize purchase of a nine-foot plow as requested by the Public Works Department. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Kimble to authorize payment of bid amount only to Environmental Concepts. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Cummings to accept the bid for the drainage repair at 1334 Highland Road. All in favor. Stillwater City Council Minutes Re-gular Meeting November 1, 1994 Motion by Councilmember Cummings, seconded by Councilmember Zoller to authorize . advertisement for bids for grading of the Benson Park property. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize advertisement for bids for Laurel Street paving. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct staff to prepare montWy updates on City projects for the Council. All in favor. 2. Community Development Director - Motion by Councilmember Kimble, seconded by Councilmember Zoller to approve the updating of the appraisal of the railroad property at a cost of approximately $200. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct staff to advertise for replacement for Pat Qualey on the Heritage Preservation Commission and to present her with a plaque for her service on the Commission. All in favor. 3. Consulting Engineer - Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize Consulting Engineer Moore to do a private drainage study for Bill LeCuyer. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Zoller to grant an extension until November 14, 1994 to Tower Asphalt for 1994 Street Projects. All in favor. 4. Fire Chief - Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize tuberculosis testing for fIre fIghters as mandated by OSHA. All in favor. RECESS The meeting recessed until 7:00 p.m. MAYOR ATTEST: CITY CLERK Submitted by: Shelly Schaubach Secretary 2 , . . . . . . STILL WATER CITY COUNCIL MINUTES REGULAR MINUTES November 1,1994 The Meeting was called to order by Mayor Hooley. 7:00 p.m. Present: Councilmembers Cummings, Kimble, Zoller and Mayor Hooley Absent: Councilmember Bodlovick Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Consulting Engineer Moore Comm. Dev. Director Russell Planning Commission Chairman Fontaine Police Chief Beberg City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: James McKinney, Barrett Colombo, Dan Sample APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the minutes of the Special Meeting of October 11, 1994. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. James McKinney and Barrett Colombo - Noise at Public Works Department James McKinney, 410 West Rice Street, questioned the amount of noise generated by the Public Works Garage. Barrett Colombo, 715 North Harriett, asked for consideration for the neighbors in the area. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct the City Engineer to prepare a report on relocation of the Public Works salt and sand operation for the November 15 meeting. All in favor. 2. Homeowners - Deer Path Traffic David Sample, 272 Deer Path, presented a petition to Council regarding excessive traffic on Deer Path. Stillwater City Council Minutes Recessed Meeting November 1, 1994 . Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct staff to study interim solutions and obtain estimate of the cost of a traffic study on Deer Path and to incorporate these issues into the Comprehensive Plan. All in favor. 3. Letter from Councilmember Bodlovick Mayor Hooley read a letter from Councilmember Bodlovick explaining her absence from the meeting. 4. Craig Campbell - Library Sculpture Exhibition Assistance Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the outdoor sculpture exhibition at the library pending approval by the Heritage Preservation Commission and Library Board. All in favor. 4. Off Again On Again Shop - Community Volunteer Services City Coordinator Kriesel read a letter from Sis Casanova requesting funding for the On Again Off Again shop. Council directed staff to get further information from Community Volunteer Services. . PUBLIC HEARINGS 1. Case No. SUB/94-53. This is the day and time for the public hearing to consider a request for preliminary plat approval for a major subdivision of a 5.98 acre parcel into 12 lots ranging in size from 11,250 sq. ft. to 32,500 sq. ft. The property is located on the east side of Boutwell Road north of County Road 12 in the RA, Single Family Residential District. Bill Lecuyer, applicant. Motion by Councilmember Cummings, seconded by Councilmember Kimble to continue Case No. SUB/94-53 to the meeting of December 6, 1994. All in favor. . UNFINISHED BUSINESS 1. Possible second reading of ordinance changing mandatory sewer hook-up requirements. Motion by Councilmember Kimble, seconded by Councilmember Cummings to have a second reading of an ordinance changing mandatory sewer hook-up requirements, as amended, no later than January 1, 2010. All in favor. 2 . . . . Stillwater City Council Minutes Recessed Meeting November 1, 1994 2. Report on Fence and Grading at 1213 S. 5th Street. Community Development Director Russell reviewed the situation and stated that staff feels all fence and grading regulations were met. Mike White, representing adjacent property owners, responded to the staff report. Gary Moelter, 1205 S. 5th Street, discussed the grading/drainage issue. Staff will continue to monitor the drainage situation. 3. Report on UBC Site. Community Development Director Russell updated Council on the UBC project. 4. Report on Comprehensive Plan. Mr. Russell updated Council on the status of the Comprehensive Plan. 5. Naming. Regulation and Maintenance of Junior High Parking Lot. Mr. Russell explained the proposal with Cub Foods for maintenance of the Junior High Parking Lot. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution including the parking lot at Pine and Third Streets into the parking program and naming the lot "Riverview Lot". (Resolution No. 94-287) Ayes - Councilmembers Cummings, Kimble, and Zoller Nays - None Abstain - Mayor Hooley Motion by Councilmember Cummings, seconded by Councilmember Kimble to direct staff to order parking signage and continue to work with 'Cub Foods to establish a maintenance program and subsequent parking fee for a one-year period. All in favor. (Abstain - Mayor Hooley) NEW BUSINESS 1. Resolution Abating Assessments for L.I. 293 - Courage Center Assessments. Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution abating the assessments against Courage Center for L.I. 293 for $10,561.25 and 3 Stillwater City Council Minutes Recessed Meeting November 1, 1994 . eliminating any assessments for the Courage Center parcel due for the improvement of Orleans St., estimated to be $8,500, in return for a conveyance to the City of the right-of-way for Orleans Street improvement. (Resolution No. 94-288) Ayes - Councilmembers Cummings, Kimble and Zoller Nays - None Abstain - Mayor Hooley 2. City Ravines - Memo from Planning Commission. Motion by Councilmember Zoller, seconded by Councilmember Kimble to direct staff to prepare a comprehensive ravine management program. Ayes - 3; Nays - 1, Mayor Hooley. Motion by Councilmember Zoller, seconded by Councilmember Kimble to request a recommendation from the Planning Commission on a moratorium on ravine development. All in favor. CONSENT AGENDA . 1. Directing Payment of Bills. (Resolution No. 94-275) 2. Authorization for Exemption from Lawful Gambling License - Church of St. Michael. 3. Approving part-time employment of Sharon Baker as recording secretary (Resolution No. 94- 276) 4. Approving promotions of John Conati to Assistant Fire Chief (Resolution No. 94-277); Tom Linhoff to Fire Captain (Resolution No. 94-278); Jeff Cutler to Fire Lieutenant (Resolution No. 94-279); and Tom Crotty, Chris Zeuli, Joe Buckley, Keith Hulbert, and Don Rigney to Firefighter Engineers (Resolution Nos. 94-280, 281, 282, 283, and 284) 5. Approving part-time employment of Mike Hall and Steve Zoller, firefighters (Resolution Nos. 94-285 and 94-286) COMMUNICATIONS/REQUESTS 1. Letter: Thank you from Jack Hooley. City Coordinator Kriesel read a letter from Jack Hooley thanking the Council for designating November 4, 1994, as Jack Hooley Day in Stillwater. 2. Letter: Richard Booth Bookshops LTD. Motion by Councilmember Cummings, seconded by Councilmember Kimble to authorize Mayor Hooley to handle the request from Hay-on-Wye to be Stillwater's twin city. All in favor. 4 .! e. . . Stillwater City Council Minutes Recessed Meeting November 1, 1994 COUNCIL REQUEST ITEMS Councilmember Cummings read a letter from Oak Glen residents requesting City enforcement of lighting covenants. City Attorney Magnuson will report back to Council at the November 15 meeting. STAFF REPORTS 1. City Coordinator - City Coordinator Kriesel reported on parking concerns at Anderson and Martha Streets. Council directed the Police Chief, Community Development Director, and City Engineer to investigate the parking problems and report back to Council with a recommendation at the November 15 meeting. Motion by Councilmember Cummings, seconded by Councilmember Zoller to deny purchase of weed roller by the City. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Kimble to establish two-hour parking and purchase a picnic shelter for the park at the corner of Owens and McKusick Road. All in favor. Council directed staff to prepare a recommendation and report for the November 15 Council meeting regarding extension of sewer and water for the north hill area. Motion by Councilmember Cummings, seconded by Councilmember Kimble to direct staff to place a fence on the Kilbourne property for safety purposes. All in favor. Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct staff to write a press release regarding the workshop with the County on cancer occurrences in Stillwater. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Kimble to adjourn the meeting at 9:40 p.m. All in favor. 5 Stillwater City Council Minutes Recessed Meeting November 1, 1994 MAYOR ATTEST: CITY CLERK Resolutions: No. 94-275 - Directing Payment of Bills No. 94-276 - Employing Sharon Baker as pit recording secretary No. 94-277 - Promoting John Conati to Assistant Fire Chief No. 94-278 - Promoting Tom Linhoff to Fire Captain No. 94-279 - Promoting Jeff Cutler to Fire Lieutenant No. 94-280 - Promoting Tom Crotty to Firefighter Engineer No. 94-281 - Promoting Chris Zeuli to Firefighter Engineer No. 94-282 - Promoting Joe Buckley to Firefighter Engineer No. 94-283 - Promoting Keith Hulbert to Firefighter Engineer No. 94-284 - Promoting Don Rigney to Firefighter Engineer No. 94-285 - Employing Mike Hall as pit firefighter No. 94-286 - Employing Steve Zoller as pit firefighter No. 94-287 - Including Third and Pine St. parking lot in the parking program and naming it "Riverview Lot" No. 94-288 - Abating Courage Center Assessments, L.I. 293 Submitted by: Shelly Schaubach Secretary 6 . . . . . . REGULAR MEETING STILL WATER CITY COUNCIL MINUTES November 15, 1994 7:00 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell City Engineer Eckles Consulting Engineer Moore City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: APPROVAL OF MINUTES Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to amend the minutes of October 18, 1994, to reflectthe correct vote of 4 to 1 for purchase of a street sweeper. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the minutes of October 18, 1994 as amended. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commendation: Dave Schwartz and Jim Swanson Mayor Hooley, City of Oak Park Heights Mayor Barb O'Neal, and City Coordinator Nile Kriesel presented NSP employees Dave Schwartz and Jim swanson with commendations upon their retirement. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolutions commending David Schwartz and Jim Swanson for their fine service to the City. (Resolutions No. 94-290 and 94-291) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Stillwater City Council Minutes Regular Meeting November 15, 1994 . STAFF REPORTS 1. Finance Director - Finance Director Deblon reported on the special assessment projects for 1994. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing a capital project fund with monies received from the Marketplace project with the intent of the fund to finance non- TIF eligible projects. (Resolution No. 94-293) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Council set a workshop for 4:30 p.m. November 29, 1994 to discuss eligible projects. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) 2. Nora Gallmeyer - Washington County Star Trail Association Nora Gallmeyer, Washington County Star Trail Association, presented a request to designate the bicycle trail along McKusick Road as a snowmobile trail. Council referred to request to the Parks and Recreation Board. . 3. Andrew Kass - Request for Off-Sale liquor License Andrew Kass, representing Sutler's Incorporated, presented a request for a new liquor license for a new store on Curve Crest Blvd. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving an off-sale license, as conditioned, for Sutler's Incorporated. (Resolution No. 94-292) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 4. Bick Smith - Victorian Christmas Committee Bick Smith, chairman of the Victorian Christmas Committee, presented a request to use the City parking lot on North Main Street on Saturday, December 3. 2 .1 . . . Stillwater City Council Minutes Regular Meeting November 15, 1994 Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the request by the Victorian Christmas Committee to use the City parking lot on Saturday, December 3, 1994. All in favor. 5. James McKinnev - Request to move salt and sand operations City Engineer Eckles presented a report on the City's salt and sand operations. Jim McKinney and Barrett Colombo responded with a request that the City move the salt and sand operations to another location or erect a sound barrier. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to direct staff to attempt to schedule construction of a blacktop pad off-site in order to move the salt and sand operations for this year. All in favor. 6. David Sample - Request report on Deer Path traffic City Engineer Eckles reported on the Deer Path traffic and recommended a study. Motion by Councilmember Zoller, seconded by Councilmember Kimble to enter into an agreement with Short-Elliott-Hendrickson to prepare a traffic study on Deer Path. All in favor. STAFF REPORTS (continued) 1. City Engineer - City Engineer Eckles updated council on the Benson Park project. He also presented a project list with priorities and amount of time spent on specific projects: Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to table discussion on hiring an engineering technician until the December 6 meeting. All in favor. 2. Community Development Director - Motion by Councilmember Cummings, seconded by Councilmember Kimble to authorize attendance of two Planning Commission members at the River Keepers Congress on December 1, 1994. All in favor. Community Development Director Russell informed Council of a workshop on the Washington County Comprehensive Plan on November 17, 1994 at 7:00 p.m. 3 Stillwater City Council Minutes Regular Meeting November 15, 1994 . A ward network/joint task force report will be presented to the Planning Commission on November 30 at 7:00 p.m. 3. Consulting Engineer - Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to authorize the . City's consulting engineer to construct a fence around the Outcelt property with payment details to be determined at a later time. All in favor. UNFINISHED BUSINESS 1. Library Outdoor Sculpture Motion by Councilmember Kimble, seconded by Councilmember Cummings to support the Library Sculpture Exhibition Program. All in favor. 2. Appointment to Heritage Preservation Commission Motion by Councilmember Zoller, seconded by Councilmember Kimble to adopt the appropriate resolution appointing Todd Remington to the Heritage Preservation Commission. (Resolution No. 94-294) . Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 3. Reoort: Schedule for North Hill Sewer Proiect Motion by Councilmember Cummings, seconded by Councilmember Kimble to begin the process for the North Hill Sewer project after the new Council is seated in January. All in favor. 4. Report: Oak Glen request for enforcement of convenants Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to direct the City Attorney to send a letter to the Oak Glen developer stating that the City will install lights and assess the properties if the covenants are not enforced regarding lighting. All in favor. 5. Possible second reading of ordinance amending Ordinance 427, Defining Urban and Rural Taxing Districts 4 ., . . . .. Stillwater City Council Minutes Regular Meeting November 15, 1994 Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a second reading of an ordinance amending Ordinance 427, Defining Urban and Rural Taxing Districts. All in favor. 6. Authorization for Cancer Study Motion by Councilmember Kimble, seconded by Councilmember Zoller to authorize approximately $1500 for further study of brain cancer incidents in the City of Stillwater. All in favor. 7. Resolution: Approving Development Agreement - Wild Pines 5th Addition Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the Development Agreement, Wild Pines 5th Addition, and authorizing the Mayor and City Clerk to sign. (Resolution No. 94-295) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None NEW BUSINESS 1. Report: Ward Network/Comprehensive Plan. Mike Anderson presented the Ward Network Report. Motion by Councilmember Kimble, seconded by Councilmember Cummings to refer the results of the joint task force to the Planning Commission. All in favor. 2. Petition for Public Improvements - Kutz Addition Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution declaring adequacy of the petition and ordering preparation of report, Kutz Addition, and directing staff to prepare an amended Development Agreement and feasibility study. (Resolution No. 94-296) Ayes - Councilmember Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None 3. Levee Funding - Report and Billing 5 . Stillwater City Council Minutes Regular Meeting November 15, 1994 . This item was postponed until January. 4. Perro Pond Outlet Structure Imorovement Proiect Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving the Joint Powers Agreement for the Prison Pond outlet structure . cost allocation. (Resolution No. 94-297) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the operation and maintenance guidelines for the Prison Pond outlet structure at CSAH 21. All in favor. 5. Possible first reading of ordinance relating to recycling fees. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to have a first reading of an ordinance relating to recycling fees. All in favor. 6. Approval: liQuor and Cigarette License - New. transfer. and renewals . Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution approving the transfer of the liquor license for Vittorio's to new owners. (Resolution No. 94-298) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate resolution approving the new wine license for the Myx. (Resolution No. 94-299) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the renewals of the liquor and cigarette licenses for 1995. All in favor. 7. Possible first reading of ordinance relating to Comprehensive Ravine Management Program 6 . ! . . . Stillwater City Council Minutes Regular Meeting November 15, 1994 Motion by Councilmember Kimble, seconded by Councilmember Cummings to have a first reading of an ordinance relating to a Comprehensive Ravine Management Program. All in favor. 8. Resolution: Approving Change Order and Supplemental Agreement 1 and 2. L.I. 301. Marketplace Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the Change Order and Supplemental Agreements 1 and 2, L.I. 301, Marketplace. (Resolution No. 94-300) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Nays - None STAFF REPORTS 1. City Coordinator - City Coordinator Kriesel reported that the On Again Off Again Shop will not reopen. Their request for funding has been withdrawn. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct the City Coordinator to solicit individual input from Councilmembers regarding their choices for Chamber Board election before submitting the ballot to the Chamber. All in favor. 2. Community Development Director - Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to appoint Councilmembers Zoller and Kimble to an Advisory Economic Development Committee. All in favor. COUNCIL REQUEST ITEMS Council discussed the status of the lift bridge schedule. Councilmember Zoller will contact the Coast Guard. Council discussed the upcoming Council vacancy. Motion by Councilmember Cummings, seconded by Councilmember Zoller to begin the process of seeking interested candidates for the Ward 2 Council seat which will be vacated in January. All in favor. 7 ..'.'",", Stillwater City Council Minutes Regular Meeting November 15, 1994 . CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the consent agenda of November 15, 1994, including the following: (All in favor) 1. Resolution: Directing Payment of Bills (Resolution No. 94-289) 2. Approval: Hang banner for St. Croix Catholic School, Jan. 29 - Feb. 5, 1995. 3. Approval: Applications for Senior Citizen Deferral of Special Assessments. 4. Approval: Application for Exemption from Lawful Gambling License - St. Mary's Church. 5. Approval: Utility Bill Adjustments. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adjourn the meeting to Executive Session at 10:35 p.m. to discuss Johnson Brothers/A.A. Hansen litigation. MAYOR CITY CLERK . ATTEST: Resolution: No. 94-289 - Payment of Bills No. 94-290 - Commending David Schwartz No. 94-291 - Commending Jim Swanson No. 94-292 - Off-Sale Liquor License - Sutler's No. 94-293 - Establishing Capital Project Fund No. 94-294 - Appointing Todd Remington to HPC No. 94-295 - Approving Development Agreement - Wild Pines 5th Add. No. 94-296 - Declaring adequacy of petition - Kutz Addition No. 94-297 - Approving Joint Powers Agreement for Prison Pond outlet structure cost allocation No. 94-298 - Approving transfer of liquor license - Vittorios No. 94-299 - Approving new wine license - The Myx No. 94-300 - Approving Change Order and Supplemental Agreements 1 and 2, 1.1. 301, Marketplace. Submitted by: Shelly Schaubach Secretary 8 . .t' ." DONALD L. BEBERG . CHIEF OF POLICE TIMOTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M 0 RAN DUM DATE: DECEMBER 6, 1994 TO: MAYOR HOOLEY AND CITY COUNCIL FROM: D.L. BEBERG, CHIEF OF POLICE RE: POLICE DEPT. REQUEST ITEMS -------------------------------------------------------------------- . WE ARE REQUESTING NO PARKING ON THE NORTH SIDE OF MYRTLE STREEr FROM MARTHA STREET - EAST FOR 100 FEET. THIS IS A SNOW EMERGENCY ROUTE STREET, SO IT IS NOT EFFECTED BY THE ODD/EVEN PARKING ORDINANCE THAT IS IN EFFECT DURING THE WINTER MONTHS. FOR SOME REASON, THIS INTERSECTION HAS STARTED TO BE A PROBLEM WITH CARS PARKING CLOSE TO THE INTERSECTION. WE HAVE HAD A FEW ACCIDENTS THERE AND THE PROBLEM SEEMS TO BE THE LACK OF DRIVERS BEING ABLE TO SEE TO THE EAST WHEN THEY STOP AT THE MYRTLE STREET STOP SIGN. 1;M~,.e.Th'.4 ~ 6T I N r4.€N.-r 5T: C-- /VI) "'". "1'/-- V "2- 0 ;V'1i'" l /"'" Y ~ T L. t;' 5" r: , PER A PREVIOUS COUNCIL MEETING WE WERE DIRECTED TO CHECK A PARKING COMPLAINT THAT THE COUNCIL RECEIVED ON MARTHA STREET AT ANDERSON STREET. WE HAVE CHECKED THIS AT DIFFERENT TIMES AND ~HERE HAVEN'T BEEN ANY VEHICLES PARKED THERE, SO WHATEVER THE PROBLEM WAS AT THAT TIME ISN'T ANY MORE. OUR OFFICER DOUG SWANSON LIVES 2 HOUSES FROM THAT INTERSECTION AND HE ALSO SAID THERE ISN'T A PROBLEM. . WE ARE REQUESTING A COOPERATED EFFORT WITH THE CIty AND WASHINGTON COUNTY TO PUT UP 30 MPH SPEED SIGNS ON NEAL AVENUE BETWEEN BOUTWELL ROAD AND HIGHWAY 96. SINCE NEAL WAS OPENED TO THE SOUTH OF MCKUSICK WE HAVE HAD CALLS FROM PEOPLE LIVING ON NEAL COMPLAINING ABOUT THE SPEED VEHICLES ARE TRAVELING. NO SIGNS ARE IN PLACE NOW. 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 . . i. WE ARE REQUESTING PERMISSION ,TO PUT IN A "HIGH SPEED" PHONE LINE AND THE NECESSARY EQUIPMENT THAT GOES WITH IT FOR THE COUNTY RECORD SYSTEM. THE COSTS ARE $500.00 + $32.50 TAX FOR A HIGH SPEED MODUM AND $499.89 FOR INSTALLATION COSTS WHICH TOTALS $1,032.39. IT WILL ALSO COST $222.52 PER MONTH FOR THE PHONE LINE. WE RECENTLY RECEIVED $2,000.00 IN FORFEITURE MONEY WHICH WILL TAKE CARE OF THE COSTS FOR 1994. THE RECORDS SYSTEM WORKS VERY WELL, BUT THE TIME DELAY WHILE "MOVING AROUND" IN THE SYSTEM IS SOMETHING WE WANT TO ELIMINATE TO SAVE US TIME. 94-49 . . . MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon, Finance Director ~~ SUBJECT: Renewal of Flexible Benefit Contract for 1995 DATE: December 1, 1994 The City of Stillwater established a flexible benefit plan on July 1, 1994 and entered into a contract with MIl Life to administer these accOlmts for the City. The first year cost was $1 ~OO and $3.s0/month per participant. The fee proposed for 1995 is $835 plus $3. OO/per month per participant. (A reduction in both the annual fee and monthly fee.) I would recommend the City of Stillwater approve the contract renewal for the 1995 year. . . . MEMORANDUM TO: Mayor and City Council ~~ FROM: Diane Deblon, Finance Director SUBJECT: Levee Wall Funding DATE: December 2, 1994 After reviewing the information from Ed Cain, SEH ,the Planning Department, and Engineering Department, it appears that the sources and uses of funds at this time are as follows: USE OF FUNDS Basic construction costs for the levee wall (estimate) Additional Items requested for Lowell Park $6,000,000 1,172.000 TOTAL $7,172,000 SOURCE OF FUNDS 75% Federal funding approved 12.5% State funding approved 75% Federal funding requested and not yet approved 12.5% State funding requested and not yet approved 12.5% City share from TIP Bond proceeds from Marketplace bonds $2,400,000 400,000 2,100,000 350,000 750.000 $6,000,000 $1.172.000 Shortfall (Lowell Park Betterments) The above schedule assumes we will receive additional federal and state funding for the project. If state funding isn't received, the City will need to fund an additional $350,000 for the basic construction. Further, the $1,172,000 in Lowell Park improvements are currently not funded and not included in the Corp. of Engineers project cost. According to Ed Cain, the $1,172,000 will need to be fully funded and paid for by the City, because they are betterments and not considered necessary for the Levee Wall project, but are recommendations for the Lowell Park Plan. The City Council \-vill need to determine what their commitment is to the Lowell Park Plan and these improvements ($1, 172,0CJ0), and how these improvements rate in their priority for capital projects for the City. . ESTIMATED CITY COSTS FOR LEVEE WALL U.S.C.O.E. PROJECT THESE COST ARE CITY PARTICIPATION" REQUIRED FOR.THE PROJECT 1. Andiamo Relocation $ 36,000 . 2. Mulberry St. R/R Crossing 150,000 3. Railroad Property Purchase 180,000 4. NSP Electric Underground 200,000 5. City Electric Service 90,000 6. Mulberry St. Water Main Jacking Under R/R Tracks 36,000 7. Lowell Park Water Main Loop 48,000 . 8. Sanitary Sewer Stub at Mulberry St. 6,000 9. Drainage at Pappy's on the River 84,000 10. Rehabilitate Existing Lowell Park Lighting 18,000 11. / Added Parking Lot Lighting' , 60,000 12. Added Lowell Park Lighting 60,000 13. New Parking Lot "t.~~ South of Commercial St. 48,000 14. New Parking Lot ~ ti~ North of Commercial St. 66,000 15. Promenade Pavers 90,000 16. ~o U.S.CO.E. for Project Contract '7J550 ,000 $1,522,000 'I cJv 17. 1'1 "t ( L \.. .,.J "P", 6~- ~<J . ~ ,.. MEMORMIDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Purchase of Recycling Containers DATE: December 2, 1994 . The recycling grant from Washington County for 1994 included $5,000 for the purchase of recycling containers. The containers need to be purchased before year-end in order to receive the grant funds. The Solid Waste Advisory Committee and Jim Junker are recommending that an 18 gallon bin (see attached info.) be purchased and not the lid covered containers that was purchased in 1992. The prices for containers are as follows: Each Estimated # Vendor Logo Container Est. Freight of Containers Rehrig Pacific $300 4.50 $250 989 Lewis $175 5.00 $250 915 Tulip Corp. $250 5.90 $250 763 Shamrock $175 7.70 $250 594 The price differential appears to be primarily related to the durability of the containers. However, for the intended use of the containers, I believe the Rehrig container would be adequate and the price would allow the City to purchase more containers. Council approval to purchase the Rehrig container is requested (not to exceed $5,000). Tim Schmolke, Commission Chair, will be at the 4:30 meeting to discuss this further with the Council. 1/1 I; ///( </~"- . ~!:.'\: .... EI-...1'- ,l(e~r~ 'a9.pr ~llmllan~ (:'::...~ \, '~ I 4010 East 26th Street Los Angeles, CA 90023 (213) 262-5145 FAX 269-8506 MffJt0 O(-~ICG.: (-8'"OeJ '-53"7 -0/7 7 CURBSIDE RECYCLE CONTAINERS SINGLE BIN SYSTEMS 18 GALLON BIN ~..~_...". ~..,.- il1'~l,,;,>, .,.";:.<,.: '..',:-'":";'. ":;"~:'; Exterior: top DIMENSIONS LENGTH WIDTH 25.25" x 17.60" HEIGHT x 13.50" Interior: bottom 20.25" x 14.00" x 13.00" Capacity: Weight: Nesting ratio: Min. wall thickness: 18.2 gallons 5.0Ibs. 5.5 to 1 110 mils side 120 mils bottom ACCESSORIES · Two and three section dividers. · Domed snap-on lid. · Wheel kit installed without tools. DESIGN FEATURES · Injection molded HOPE construction designed for strength and long life. . Ultra-violet stabilizers added to prevent fading or material breakdown. * May include up to 25% post-consumer recycled plastic. * 5-year prorated warranty against defects in material or workmanship. * Available in a wide range of colors. NESTED BINS FOR SHIPPING * Choice of branding areas for logos and recycling slogans. * Large sturdy handles to ease carrying to curb. * Designed for optional divider. * Recessed. bottom to contain liquids. * Four raised drain holes in bottom. * Tabs to secure plastic grocery bags. * Cross-stackable for multi-bin systems. CHANNELS PROVIDE STRENGTH AND MULTI-BIN STACKABILITY DOME SHAPE PERMITS WATER DRAINAGE EINFORCED RIM OR ADDEO TRENGTH LI PS OVER TO PREVENT SPILLAGE BIN WITH STACKABLE LID II 'i U ,.".1"- U I: i u III I II I-- t.-.. ~.../V l J . . . 18-gallon capacitY holds 3 kraft (grocery) bags of recyclables plus newspapers. . Unique stacking tabs allow 9O-degree offset cross stack- ing to conserve floor space. . Manufactured with up to 20% post consumer material-equal to 5 plastic milk containers. . (fJ . light-stabilized color pigment prevents fading. . Easy-to-grip pocket handles are large enough to fit a gloved hand. .. . Reinforced 1'Yl" rim can be hooked on trucks ior easy curbside sortation. . Containers nest inside each other to save space during transit and storage. Nest stops prevent container jamming to allow easy bin distribution. . Large 9" cross stack opening accepts bulky items like milk cartons. . large hot stamp area on all sides provides easy identification. Sequential . numbering available. . Specially designed bottom allows pooling of up to 15 oz. of liquid. Four drain holes (.375") prevent excess accumulation. Also available without drain holes. . . 5-year warranty: all bins are date-stamped for warranty tracking. DESCRIPTION: This lightweight 18-gallon recycling container is designed to be used as a single, commingled bin or in a multi-bin stacking system. Seamless. one-piece injection-molded. high-density polyethylene material provides durability and long service life. Contoured bottoms and corners make handling safe. The container is temperature resistant from -25 degrees F to more than 120 degrees F to handle hot summers or cold winters. Ultraviolet stabilizers prevent material breakdown due to sunlight. keep- ing the containers looking new for years. Standard colors: blue, green. SPECIFICATIONS Dimensions: Model: Inside BottOm (inchesl L W Container Nesting Volume WeiQht Ratio (gallons) (Ibsl Wall Thickness (inches) Liquid Ouantity per Hot Stamp Pooling TruCkload Pocket "'ea Amount (PalletiZed and Hanole Order (inches) W&H loz.) shrink wrapped) {inchesl W&O Requirements 6.0110.0 Wllh or End 15 4,536 4.511 Without 10.0110.0 Dram Holes, Side Color. L 0052616-14 25.9 16.0 14.0 21.7 13.0 23.25 14.5 21.05 12.3 6.6: 1 18.5 5.15 .105 LEWISystems r.Y.' MENASHA CORPORATION 1-800-999- TOTE t:i>.. Printt!d 011 rt~cyclc ~ and recyc\ahll' paper. Lu ~/tv; ;; '" ..... 'Curbside Recycling-Containers ~om the TolipCorporation Successful recycling programs demand strong community participation and awareness. Statistics prove the highest participation rates have been in programs where containers have been supplied to the residents. Supplying Tulip's heavy duty containers will encourage residents to become part of the solid waste solution and demonstrate your city's commitment to that effort. FEATURES: -Injection molded from impact resistant high density polyethylene. - Ultra violet stabilizers prevent breakdown due to sunlight. - Drainage system prevents liquid seepage in the home, while allowing precipitation to drain at curbside. - Post consumer recycled material may be specified (Tulip's Proprietary Blend). - City logo can" be permanently hot stamped onto containers. _ Laboratory tested to _200 F. -Tulip Recycling containers are available at any of our five conveniently located plants. \() V - -~ - .. .. - ------- ------- ----....- ------ - -..-...- :::::.: :.:::: :.:.': :::::.: ~ 18 Gallon also available. 14 Gallon- For commingling. Also accommodates 3 grocery bags or dividers for source separation. 5 Gallon. Great for apartments or condos. 13 Gallon. For commingling or source separation of recyclables. I TULIP CORPORATION CORPORATE HEADQUARTERS: I 3211 E. 26th STREET, LOS ANGELES, CALIFORNIA 90023 TELEPHONE (213) 263-9001 : .OLDED PRODUCTS PLANT LOCATIONS ! 211 E. 26th Street 3125 Highland Ave. los Angeles, CA 90023 Niagara Falls, NY 14305 213-263-9001 716-282-1261 FAX 213-261-4281 FAX 716-285-6075 . FAX (213) 261-4281 - TLX 910-321-3063 714 E. Keefe Ave. Milwaukee,WI53212 414-963-3120 FAX 414-962-1825 ~?' 197 Main 51. Springville. AL 35146 205-467-6181 FAX 205-467-7079 Sflfr-f1:rf( Q c-K .. ... . . .. . '. '" .~ ,...~ - . . ....... '. .: @ I( RC2009TM Recycling Container . Designed to hold three full grocery bags of recyclables. · 17.75" height fully encloses bags, preventing litter. · Aesthetically designed for in-home use. · Optionanid and wheel kits available...industry firsts. · 23.5 gallon capacity~top 1.0. 17.~"H x 23.28"W x 13.66"0. · Nests or stacks with or without lids. . .. One-Step Recycler . Aesthetically designed for in-home use. · Three sizes to fit a wide variety of needs-7, 14. and 26 gallon. · Optional snug fitting lids and metal carrying/locking handles. . Identical shape of all three sizes results in instant recognition throughout the community. .26.5 gallon capacity-top 1.0. 22.50"H x 17.25"W x 17.25"0. · 14.25 gallon capacity-top J.D. 18"H x 14.50"W x 14.50"0. · 6.6 gallon capacity-top 1.0. 14.25"H x 11.38"W x 11.38"0. Stackable'Recycling Container · Solid wall construction for safety and to minimize weather and ground problems. · Double-reinforced handles for easy carrying. · Units stack securely with interlocking feet. · Made with up to 100% recycled plastics. · 11.37 gallon capacity-top 1.0. 11.25"H x 17.50"W x 13.50"0. . Three-Bagger Recycling Container . Holds three large grocery bags plus additional room for corrugated or extra paper. · Rounded top lid makes a comfortable handle. · Designed with extra height to protect contents and keep them inside bags. · Optional wheel kit available. · 20.95 gallon capacity-top 1.0. 13.87"H ~2~W x 17.25"0. Designed with the household and hauler in mind, all Shamrock curbside recycling containers are: ~ Printed on recycled paper. . Available with a blend of "true household post-consumer" resin-up to 100% in some models. · Guaranteed and fully proven to perform in temperature extremes from -30 degrees to + 130 degrees F. · Made from strong resilient polyethylene. . Built with solid wall construction for safety and to minimize the consequences of wind, rain, insects, and litter. . Available in a wide variety of colors and with customized imprints. . Moldedwith external handles for comfortable carrying. · Designed with drain holes but have a reservoir for casual spillage. . 05.60.7.295 . . . "'t MEMORANDUM TO: Mayor and City Council FROM: City Coordinator SUBJECT: Commission Appointments DATE: December 2, 1994 The following is some information pertaining to the membership and terms of the various comrmSSlOns: Library Board There are three expiring terms as follows: Mary Ann Sandeen Sue Nelson Lois Welshons W-l W-4 W-2 (end of second term) (end of first term) (end of second term) '(note: a ward balance exists on the Library Board; W-l = 2, W-2 = 2, W-3 = 3, W-4 = 2) It is my nnderstanding that Ms, Sandeen and Ms. Nelson wish to be reappointed per Board recommendation and that Ms. Welshons does not wish to be reappointed. Planning Commission There are two expiring terms as follows: Rob Hamlin Darwin Wald W-2 W-3 (end of second term) (end offrrst term) (note: a ward imbalance exists on the Planning Commission; W-l = 1, W-2 = 2, W-3 = 4, W-4 - 2) Both members wish to be reappointed per Planning Commission recommendation. Parks and Recreation Commission There are no expiring terms (note: a ward balance (almost!) exists on the Parks and Recreation Commission; W-I = 3, W-2 = 2, W-3 = 1, W-4 - 2) Port Authority There are two expiring terms as follows: RJ. Colombo Earl Olson (end offITst term) (end of fITst term) W-2 W-4 (note: a ward balance exists on the Port Authority; W-l = I, W-2 = 2, W-3 = 2, W-4 = 1) It is my understanding that both members wish to be reappointed. I reritage Preservation Commission There is one expiring term as follows: Robert Kimbrel W-3 (end of second term) (note: a ward imbalance exists on the HPC; W-I = 5, W-2 = 1, W-3 = I, W-4 = 1) Mr. Kimbrel wishes to be reappointed per HPC recommendation. Solid Waste Advisory Commission There are three expiring terms as follows: Tim Schmolke Janelle Borden Joe Hibberd W-2 W-3 W-3 (end offITst term) (end of first term) (end of first term) (note: a ward balance (almost) exists on the Solid Waste Commission; W-l = 1, W-2 = 2, W-3 = 2, W-4 = 1) Mr. Schmolke and Ms. Borden wish to be reappointed per Commission recommendation. Mr. IIibberd does not wish to be reappointed, therefore a vacancy will exist as of 111/95. ~ . . . e . . ,It Dispute Resolution Committee Mr. Fritts has asked to be replaced on the Committee. Therefore, the Council will need to appoint someone effective 1/1/95. Joint Cable Commission The City needs to appoint at least one elected official to serve on the Commission. Ann Bodlovlck will be leaving the Council on 1/3/95. Therefore, the Council will need to appoint another Councilmember to serve on the Commission. Board of Water There are no expiring terms on the Board. Brown's Creek and Middle River WMO's The Mayor has usually been appointed to serve on the WMO's with Planning staff serving as an alternate. Therefore, the Council will need to appoint Mayor Kimble to serve (or the Council at the Mayor's request could appoint another member to serve on the WMO's). - fj'~ . ' ... - e e Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: December 5, 1994 Subject: Designation of 1995 Official Newspaper In past years, the City has used two methods to select an official newspaper: 1. Advertise for bids, or 2. Designate official newspaper without bid process A memo to Council from Mary Lou Johnson, dated November 10, 1993, stated: "The City Attorney has advised that the City is not legally required to advertise for bids, but must designate a Legal Newspaper to publish certain City information for each year." In 1993, the City redesignated the Stillwater Gazette as official newspaper. Attached is a copy of the Agreement. Action requested: Determine process for selecting 1995 official newspaper. ! ... -. e e AGREBMENT FOR OFFICIAL NEWSPAPER - CITY OF STILL WATER FOR THE YEAR 1994 THIS AGREEMENT, made and entered into this1l~day of January, 1994 by and between THE STILLWATER GAZETTE, hereinafter called the "Contractor", and the CITY OF STILL WATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.Ol, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 1994 the Contractor will publish all official notices and proceedings of the City in The Stillwater Gazette. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the specifications for City of Stillwater publications for 1994 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading - Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First Insertion: Second, & Each Subsequent Insertion: $2.57 per Column Inch $2.06 per Column Inch 6. The Contractor shall provide to the City, at no additional compensation, its Affidavit of Publication. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. In presence of: . THE STILL WATER GAZETTE Pi S;' ':7;; -Ii '-L tu~ ~A ' A::..c~A.. ~ L..- j} ,,--t~t./ -L. ..(..C""UL/ in presence of: CIn: OF STILLWAT'lR / jl / --.. ,---.. ..... ," I r- L " /(,. " ' . I " '-... ' , ~ ,ftl.( /(f-L u-<-;<w.U /tt- /1'" <;;7/ r- -. ('/;:/ CIT CLERK MAYOR e-'-_____..._ ; r December 14, 1993 Mr. Michael Mahoney Stillwater Gazette 102 North Second Street Stillwater, MN 55082 Dear Mr. Mahoney: ~i11wate~ THE BIRTHPLACE OF MINNESOTA ~ As was discussed during our telephone conversation on Friday, December 10, 1993, the City Council has designated the Stillwater Evening Gazette the official newspaper for 1994. In regards to the charges for services, you stated that the charges for 1994 will. be on the same basis that was established for 1993. Thank you for this consideration and thank you for your past cooperation. NLKI smc Sincerely, ~~~ri~l+~--f City Coordinator CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 fII ~ e e e a. e e Gazette 102 S 2nd SI. P.O. Box 58 Stillwater. MN 55082 612-439-3130 Fax: 612-439-4713 Dec. 5, 1994 Mayor Charles Hooley Mayor-Elect Jay Kimble Members of the City Council City of Stillwater 216 North 4th St. Stillwater, MN 55082 Please be advised that the Stillwater Evening Gazette is interested in continuing its position as publisher of legals for the City of Stillwater for the year 1995. I am not aware of any problems or difficulties of serving the City for the past two years. In fact the City has made a special effort to have the publishing material available and scheduled with proper notification. I would be available to discuss whatever plans the City has in order to make it serve the citizens of Stillwater. I would be more than willing to discuss things either with you or Mr. Nile Kriesel, city administrator. Sincerely yours, <J,d$Ut&7u-f Mike Mahoney Publisher . illwater "~ - - ~~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM RE: Mayor Hoo 1 ey and C i t Y Counc i 1 ~. Stuart Glaser, Civil Defense Director 4j/ 11/16/94 ( Salary Request for 1995 To: From: Date: ----------------------------------------------------------------- . The following salary request is for the position of Civil Defense Director for 1995. Currently 20 plus hours a month have been spent working on completing civil defense/emergency management requirements. The monthly salary for this position at present is $182.00 per month. This breaks down to $9.00 per hour. I am requesting to increase the salary to $2,768.00 per year, $230.00 per month or $11.50 per hour. I am requesting the increase based on the following responsibilities and requirements. The Position of Civil Defense/Emergency Management Director is required for local governmental agencies per Minnesota State Statute 12.0 Division of Emergency Management. The City of Stillwater meets this requirement through City Ordinance 22.04 the Municipal Civil Defense Ordinance which establishes the position of Civil Defense Director. . . Mandatory training and education requirements by the State of Minnesota and the Federal Emergency Management Agency include, but is not limited to: 28 hours of emergency management training for a category 3 municipality, prepare and conduct emergency drills that comply with Public Law 99-499, update and revise the City's Emergency Operations Plan (has not been updated or revised since 1989), update and revise annual flood preparation plan, maintain and prepare annual budget for civil defense/emergency management operations, and maintain the citv's outdoor warning siren system. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 After my appointment to this position in March my first priority was to update and complete the outdoor warning siren system. The system that was in place was antiquated and unreliable. This became apparent during the tornado that occurred on April 26, 1994. Three of the City's warning sirens did not activate properly and this left the entire north hill area at great risk. After informing the city council of the problems with the current warning system, I was directed to rectify the situation. I brought forth a proposal to the city council for the purchase and installation of a new radio controlled olltdoo~ warning siren to replace the outdated sirens. 'rhe council approved this recommendation and the city of Stillwater's outdoor warning system is now state of the drt with dual activation potential by either the Washington County Shel"iffs Department or the Stillwater Fire Department. This ensures activation of the sirens in the event one ot these departments is rendered inoperable. The completion of this project took the cooperation of numerous individuals and 30 pIllS hours from the Civil Defense Director. The requirements and responsibilities of this position demand a dedicated, responsible individual to meet the challenges of emergency management planning for the City of Stillwater. . . . ( . . . PLANNING APPLlCA nON REVIEW Case No. SUB/94-59 Planning Commission Date: November 14, 1994 Project Location: 704 and 710 West Linden Street Zoning District: RB Applicant's Name: Tracey A. Galowitz Type of Application: Minor Subdivision Proiect Description A minor subdivision of three lots of9,375 sq. ft., 6,188 sq. ft. and 15,562 sq. ft. into the lots of 12,469 sq. ft. and 18,656 sq. ft. Discussion The proposal includes subdividing a 6,188 sq. ft. lot and combining it with the lot to the east and west of the site. As the lot presently exists it is not developable because of its lot size and frontage. The subdivision will protect this area from further development and will become part of the adjacent land uses. Findings The subdivision meets the development regulations of the zoning and subdivision ordinances. Recommendation Approval Conditions of Approval Application form Attachments CPC Action Approval en 612439121456 F STILLWATER '. I AUG4 3-94 WED 14:28 FAX NO. 61 90456 P. 02 PLANNING ADMINISTRATIVE FORM .. .. .., COMlYtU:'{ITY DEVELOPMENT DEPARTMENT ClTY OF STILLWATER 216 NORTH FOURTH STREET STILL WATER, MN 55082 ACTION REQUESTED _ Appeal _ Certificate of Compliance Conditional or Special Use Permit _ Design Review Penn it _ Planned Unit Deve!opment V <:11 iam.... _ Comprehensive Plan Amendment FEE " _ Zoning Amendmem ~ Other Minor Subdivision $50.0Q _ Engineering Review Fee Total Fee \l\~ 1415/6' ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION ~'\'\ J 1/1P Environmental Review ;; ~f ~ EA W t.O .~j~ ~~. ~ - ~. .~ EiS ';'. . ",I....... ~ No Special Environmental Assessment Required it ~ -.. ~ , ~ ,. ttppl!c:mt shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connectj9t1' with any application. ...___.....;;.-;..,.r Land located between 704 W. Linden St. Address of Project and 710 W. Linden St., Stillwater Assessor's Parcel No. 11080-5390 Zoning District Description of Project ~t!~ ,['Jt . ~ A.;J'v-1 ,~.I?, .t:L.t-/ /I'$/~9/9Y: .f-llt!~~ LL/~* "I hereby state thr: foregoing statements and all data.. information and evidence submitted herewith in all respects, to the best of my knowledge and belief, tnlc and correct. 1 further certify 1 will comply with the permit if it is granted and used." . . Tracey A. Galowitz Property Owner Tracey A. Galowitz Johnson Representative Lawson. Marshall. McDonald & Galowit Mailing Address 710 West Linden Street Mailing Address 3880 Laverne Avenue North Stillwater, Minnesota 55082 Lake Elmo. Miu~esota ~~047 T:I,phon, NO~) 439-4266 T:lephon, No. --L6 ~z-,liO'O = ~~ ;- /3 Slgna~ / 44YL'- - Slgn..c~~ Any decision made on this proposal can be appealed w:thin ten calendar days of the date of the cUOD. Lot Size (dimensions) _ x _ sq. ft. Toral Land Area Hig.ht oCBuildings: Stories ~ Principal Accessory _ .ate of Public Hearing is sq. ft. sq. ft. sq. ft. sq.fl Total Floor Area Proposed floor area Building Coverago Paved Impervious Area Number of off street parking spaces e- e Ie '. EXHIBIT A Minor Subdivision Request Robert E. Peterson and Tracey A. Galowitz Johnson hereby request that the parcel known as P.I.N. 11080-5390, legally described as follows: Lots Three (3) and Four (4), Block Ten (10), except the East 33.5 feet (33.5') of Lot Three (3), Sabin's Addition, City , of Stillwater be subdivided as follows: Robert E. Peterson. Property deeded to Robert E. Peterson would be legally described as follows: Lot Three (3) and the East 17 feet (17') of Lot Four (4), Sabin's Addition, City of Stillwater. Tracey A. Galowitz Johnson. Property deeded to Tracey A. Galowitz Johnson would be legally described as follows: Lot Four (4), except the East 17 feet (17') of Lot Four (4), Block Ten (10), Sabin's Addition, City of Stillwater. I OL.I 51!::J . ! . J I . 9 . I .9 7 0 \ I , I 4S150 4520 _:i:2...:..I_~_ ....0 '-I 4-5" 18 0 4-t.,4-0 I . : I I '3 , i I \ 1+ : I \ I oU!::J :J U'-l 010 s ~... .(- ;II ... 3 2 r., 4'1-P() .4.tj-{;.o 4430 I: AO "'0 4 . L.-- 4G'70 4700' . : IS "l "l " i' 17 IS 19 ~ ~ Q ~ "l 'll rot 'll ~ 1& ~I ... ~ //080 - 2000 .DLACt 2005 .. Ilb' S~cO II ~ .:... / 7'" i" "I. 1&.. 10 //080- 55/0 '.., "".5" "t4S -4/.5 ""$1 ',"'.5 5450 \/ Scoff.';- l'- 7 {, / s. -r;~l.~l !,klllll 'fl- : ::Jj; j nSn" I I !. & . : 5~9q J 1,;' At. yV . ! ')..0 -'It t . I I . " i : I. ! 4,.S ;'<,; . sJzc 1 cP(O I 3~Dt,f ; p~ !-lrS." i 7\04 gil.5 I s 5"4-80 !1 8 T26 4'.5 I 4.... \ 710 4.5 4,. S" WEST I I 41.5 4" , LINDEN .,p" ,.11"'", .?9Z' 8- r/c.P -- - - . i' ,. " . ..... /.'i> ..:u.:. ~I "'/.!> 709 703 ..,., 4'.$ "I'. S of I.S' 717 4L~ /., " I~ ~ ,... m ~ .... 5090 .5r:.. I 1 .515 \ i 5 O'~ (] I i Q .51. I i I I I I I I t- \ - I \ o ~. : !J '1-5"/ ct ~ . o ..... 5270 ~ o , 10 '<l lOt ... '" I 614 r---4. I :. N" ~-_'::9---__i~!___(-: i 1-'-- ~.S" ....; :F317 I :lJ 8 ... 7 & S 4- 3 r I\l /2- '<), ~; " 01, I fl '. 'I "'I "; I ...' ". ./ . .YMOND O. MARSHALL ,JOHN SCOTT MCDONALD TRACEY ANN GALOWITZ ...JENNIFER M. DIETZ LAWSON. MARSHALL MCDONALD a. GALOWITZ. P. A. LAWYERS 3880 LAVERNE AVENUE NORTH LAKE ELMO. MINNESOTA SS042 TELEPHONE: (612) 777-6960 FACSIMILE: (612) 777-8937 OF COUNSEL RODERICK A. LAWSON October 21, 1994 . Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Sir/Madam: Enclosed please find an application for minor subdivision, together with a check for payment on the fee as well as a copy of the plat map for the property in question. As background, Mr. Robert Peterson, one of the property owners of Parcel No. 5420, and Tracey A. Galowitz Johnson, one of the property owners of Parcel No. 5450, purchased Parcel No. 5390 at the Washington County State Land Forfeiture Sale. The parties are now seeking to subdivide Parcel 5390 so that each party will then own approximately one-half of the property listed as Parcel No. 5390 to make contiguous to their respective homestead properties. ~n:;Y, #4~ Trace~itz TAG:vg Enclosure cc: Mr. and Mrs. Peterson . PLANNING APPLICATION REVIEW 1 1 Case No. SUB/94-60 Planning Commission Date: November 14, 1994 Project Location: Market Drive and Curve Crest Blvd Zoning District: Business Park Commercial eplicant's Name: RLK and Associates pe of Application: 15-lot Subdivision ;1-/ Proiect Description The proposal is to subdivide three outlots, Outlot B (Block 2), Outlot C (Block 3( and Outlot D (Block 4) into 15 lots. Discussion This application for a subdivision is a follow up, 2nd phase, to the Market Place Planned Unit Development. The subdivision contemplates development of the 15 new lots into separate uses with a uniform design theme similar in quality to the design of the Market Place project. Special design guidelines will be applied by the land owner and . through the city design review process to ensure consistency of landscaping, building materials and color and signage. The City's West Business Park Design Guidelines in addition to the special market place design guidelines will be applied to individual site development. Analysis Block 4 is located north of Curve Crest Blvd and east of Market Drive. The site is a pie-shaped lot with the corner designed and improved for storm water ponding. Three lots are proposed for this outlot. Each lot is over half an acre in size and has individual access from Curve Crest Blvd or Market Place~ Block 3 is located between County Road #5 and Market Drive and bounded by Curve Crest on the south. The 6 lots range in size from 71,419 sq. ft. to 22,411 sq. ft. Individual street access is provided to lots 4,5 and 6. Access to lots 1, 2 and 3 is shared. Joint access agreements will have to be recorded over those lots. tlOCk 2 is located south of Curve Crest Blvd and west of the Market Drive, (Frontage Road). Access to this block is ated on Market Drive and must be coordinated between lots. Lot I access will need to be provided over lot 2 and cess to lots 3, 4 and 5 will have to be provided over lot 3 and/or 6. The location of the access shall be mapped or described before final plat approval. (See attached map.) A comprehensive drainage/grading plan for the entire site has been approved and site rough graded for the lot division. Final site grading will have to be consistent with the overall plan. Specific erosion control measures will also be required as a part of site plan design review and building permit approval process. Recommendation Approval Conditions of Approval 1. Development of all lots shall be consistent with special Market Place Design Guidelines and West Business Park Design guidelines. 2. Final grading/drainage/erosion control plans shall be reviewed as a part of the design review process to ensure site grading conforms to the master grading plan for the site and erosion control measures are provided. 3. Join access agreements with cross easements to Block 3, Lots 1,2 and 3 and Block 2, Lots 1,2,3,4 and 5 shall be recorded with final plat recording. 4. The location of curb cuts for subdivided lots shall be approved by the city engineer and constructed by the developer. ttachments pplication and plans. CPC Action Approval NOV-09-1994 14:20 FROM RLK ASSOCIATES..LTD.... ....,..\.~~\f!::y,. I ~ ~ -= --- "'~~' ," . ...~..~..t '.~'/:~'"' _A~ . . .., '~~1" . '. ." :),,/,.'.< I' ~ --~ . . '.. : ,....,... .'/.....:. ;' -. .;" ~::~~. 'J I . . "'-~, /.....- ' . /- ~~~,..._' - -..... ----cz--... '. / /~"'~YI -. .....'- 7:. ... -,...~ M NC~(:"t'P.) "'J-}7/ 7, ~--....... ,\ // . ~ /,/' 1 "/ I ~ Lot f SG/ \ ' ;/1 /;';~'" 4174.5.93 sr I~<"~ . I ,/ I(S: ,Ul X. , I I I I " ~ i7/ '" ~" I I \ ., ~ I ~" I / (...\.. ,,~ ~~$ "" '..... I \ I ", ~Oc ~ ~ I ~ '.."" .$,:. ...', I, I )I, I I I .?~.,~... " I, I [II I I I \ ..,>~~V I : . ...... ,(',.to loot ~ I I I' z . \ '... 1',1,> 9004(1 St !l, I I ~~ ; \ ..... ...., 1-1 I I"~ I ~~ , I ,,, I I, ~ : " I~I C\I Ij I I I , ~ I I I: I ',II : t " I! , , f \:' ~' \ I .. ~~,. ";'~$; .:.~e S 89'04'35' w e OU:_~T":..~\ ~~i:;;;~~:r~t:. \. ) ., i ~t 3 : if" ; I;~ : J I I () 211287 SF' \ al ~\ ~ ~~ f I ~ -- d J ' ~ .-.. ... .. - S &,'Lr:jc-w+ 1- ' " I: r--~- ....u~~ ". /' / ~: I 0 \r.",l= \ !~I 1.0t .. _ I P I / =11 27215 SF" ',; Ii: I : L --I- :<1 Ij N 89.'I'SO" (i-....:. =-:: ~-~~- .,IQ--= ~ ,.,.. 311 "\, r - .... Lot . I <I 1_ "re I~' " I ... I ,;a 31446 S. f8:g t ~ J ~ I b 20' (T"rll 1..-___ I / ... _ - 7.11'1:11 w - - ~ ...J / :~,: ~ - - - - - W.4 - :.-- - 41--'\ / i; I I I / b;;j j \.. ~ z :1 \ '. 1 . I fj ~,' " \ .0 J:l",qI<ING SE:SACl( (..,... ') ~ i I.ot 6 ,I '..., --, - gJ727 Sl" ~ ~ ~t Lt.. ~ C. , . \ \ \ \ , Ie o ..~.:Z o 0.... D;: W r- <( S ~ 0::: o l- V) TO 4390456 P.02 Ie ,- ~;r~ ,- -,~.. .' ,,'n..' " .~~t.~ I ~'l-~'~. t I ..4(~;, ,;W ; : -..;;:: I . filii' ..- ; . I"tII' ,'~ I ' ;Q I : : : , ! . : i i I ;....-- - - ~ , I ' I ; I , . : , .... ;'W ;~ '0: I. :< ::i I..... , . ! . , . , . . WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT PARKS · HIGHWAYS · FACILITIES 11660 MYERON ROAD NORTH. STILLWATER, MINNESOTA 55082-9573 612-430-4300 Facsimile Machine 612-430-4350 Donald C. Wisniewski, P.E. Director Public Works/County Engineer John P. Perkovich, Deputy Director Ope,ations Division Donald J. Theisen, P.E., Deputy Director Technical & Administrative Division James D. Hanson, P.E. Transportation Engineer Edward Kapler, Facilities Operations Manager November 3, 1994 Mr. Steve Russell City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 RE: Stillwater Marketplace Final Plat Adjacent to Washington County State Aid Highway 5 (Stillwater Case No. SUB/94-60) Dear Mr. Russell: . We have reviewed the final plat for Stillwater Marketplace and find it acceptable. The only condition that Washington County will place on this development is control over access to CSAH 5 (Stillwater Blvd. N.), None of the lots in this development will be granted access to CSAH 5. Please call me at 430-4312 if you have any questions or comments. Sincerely, 10< ;;f'~ 30seph Lux . Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION ........ C/) '" L;j J-..::. ;:! v) 0j W I::> Z I~ ( I I I , , / , , I I , , ~ ~ -..J < o i::: -- CJ CJ ~ " ~ /' \ " / \ \ / \\ / \\ ~\\ GJ\\ '-S;\ \'" \~\~. \~- \\\~. / r,., 'J < o hi Lot 2 674~2 SF '" '" '" '/ " / " -'"'<- , ~. (I 1 , ;! I, :1 I. 'I I: CURVE OELT" RADIUS NlC CHORD TANGENT CHORD BRG Cl 32"56'32" 536.00 308.17 303.95 158.48 S 73"SO'24' W C2 ',4'03'3,' 30.00 59.72 SO.34 ~6.25 S 52"16'05" E C3 ~3"56'31' 263.00 201.70 196.80 106.10 S 23".H'OT W C4 12"15'3T 494.00 105.71 105.SO 53.06 N 39'55'1~' E CS 1 "37'40' 402.00 81.58 81,44 40.93 N 4 "33'2~ E C6 4740'55' 355.00 295.43 286.98 156.88 S 21'54'55" W C7 91'40'28" 30.00 48.00 43.04 30.89 N 41'08'39" E C8 24'46'20' 514.00 222.23 220.SO 112.88 S 8726'OT E C9 lHT30'41' 59.00 113.80 96.96 85.07 S 19'47'36" E Cl0 "28'00" 11529.16 295.13 295.12 1~7.57 N 33" 33'23" E ~~ . . >-. <t. eL '>- n: ~ ::; -, W 0:: 0.. If" t> i~ H .1 g~ ~ 1 ' I I I I iJ il HI 'r. ! I :i! n. I fl' !Ii I ffil] rn ........0 ~O wO ~u. a:m c(:;) ~O (;) w "'0 W< ...... <'" ~... -,W ::1:': ...'" w< ~ 8~ l:JEJ . ( , ~,(, '--~~~--:7' /~ # \ \ I i ~~_t:,r-66~~ /.-' , '___ J .('-J(.v,-;;;' - ~ _______-- I /// ,. ~/_""", ~------ I, 'C:: r __~..-um.~.--.- I /~/.' j::::-.....- ~ ,<' / . ,,~,~""l1.:~~_~ w c:::] (: / ~~/~/ ---__~~'----,-~ II W , 9;f;.(~ ~7 /r---- ", ' > / I / -to;; / 1/1" \ II _ " '''1"'1''7'' ,m> J '" ,/ 1, I \ \ ' 0: / " / / ,/,. .,,;::".. 1:'/ \ : I 0 /? ,tI::J 1:/ : I', I I ~~> l _~ I I I (. ' "~<b 7/ I \ ',;:-";:', II I' .h';"", /,'1 I \ "'''"'t'V/I ..... :' ... '( <." ,... If' \" -- 1 ~------------ " ~ C'J : : , ", " II , .1 , " o z o CL 0::: W f- <(, :?= :2 0::: o f- (f) L-___ \, :. 1: tt"M'35* " '- I j" ="U::~ M.D7 \ OUTLOT A \ ~~ ~ \~; , \ .~ LOt 3 \ , ,~~ ' J :L_Q ....'IF ___J . / .Ir-':-:"'~-:"'--' I I ~'~ 0 I~ . / ~ .... \;', I f7D5W "I ( ...,w~~-2~~~==-~+~ '. ~:.r - OJ .... jl~ ,i : ....... If" II. ~ 20'(1VP,) / ~::::~-m~::-==::::, t I . " \ / ~;II " / .~,I '-...../ . I':; L loU -l nn7W 10' PARKING SClEW:1t (t)'P) ~' I, , ,\ '. ".'. __ I \ "'. ,~....... - -:------_:L "', ~::-.. -. - - --=-=--s.:;:.:.---------------~~~~',,~~ - ~.JT r -...______ North line..!'''!:!i.~ I'm1"wo.x_H..'::,36 ,,,.,.- - - - -=--=-.s'flI"i:;::-'='--=--=- - ~.._-::; \ \ \ \ TRUNK ( 60TH HIGHWA Y STREET NO. NORTH 36 . . CURVE Cl C2 C3 C4 DELTA 93"18'15" 9'(}4'O8" 8"42'51' 59'32 '2<1' RADIUS 67.93 626.00 614.00 332.86 ARC 110.62 99.08 93.38 345.89 CHORD 98.80 98.98 93.29 330.54 TANGENT 71.96 49.65 46.78 190.~ CHORD BRG N -4lr34'41" W N 89'18'16" E S 7716'44" E S 33"18'52" E ~.~ :5 Cl. >- Ct: <1 Z ;;, ~ w 0:: Cl. IjO _.0 -i i= r $~ it .. I ~1 II II I iiI '.. :!! n. {Ij !Ii I I ffiI) UJ ,c ...0 wO CJ~ g:m c(::) ...0 e W CI:() WoC ...... en. ~... .JW .J~ -II: "'oC rn~ 8~ ~~ . OCT-26-94 WED 10:03 CITY OF STILLWATER FAX NO, 612''''10456 p, 02 PLANNING ADMINISTRA1'lVE FORM .. Case No. Date: Fee Paid: . COMMU:'oiITY DEVELOPMENT DEPARTMENT CITY OF STILL WATER 216 ~ORTH FOURTlI STREET STILL WATER, MN 55082 ACTlON REQUESTED FEE _Appeal _ Certificate of Compliance Conditional or Special Use Pemlit _ Design Reyiew Permit __ Planned Unit Development Variance _ Comprehensive Plan Amendment _ Zoning Amendment -1L Other preliming,ry /Final Plat $850.00 _ Engineering Review Fee Total Fee ADDrTlO~AL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required ApPlicant shall be responsible for the. completeness tmd accuracy ofall forms and supporting material submitted in connection Wan)' application. Market Dr. & Curve Crest Blvd. Address of Project Stillwater Marketplace Assessors Parcel No. Zoning District Description of Project_ Lot division of OUtlot B, C and D in to Block 2, Block 3, and Block 4._.A total of 15 lots ar~ proposed to be platted if! this. "I hereby state the foregoing statements and all data, infonna~ion and evidence submitted herewith in all rc:;pects, to the best of my know ledge and belief, true and correct. I further certify I will comply with the pennit if it is granted and used." Property Owner Target Stores Mailing Address 33 South Sixth~treet Mi nm~;:!pnl i 1=:,., ~ 55440. Telephone No. 335-4560 Representative RLK Associat~s. Ltd. Mailing Address 922 Mainstreet Hnpkin~. MN ~~~~3 Telephone No. q~~ nq7? Signature Jim Theu~~h Signature .Tnhn ni ptrid' Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) _ x _ sq. ft. Total Land Area Hight of Buildings: ..s.mr.u:s Feet Principal _ Accessory _ ete of Public Hearing is sq. ft. sq. ft. sq. ft. sq. ft. Total Floor Area Proposed floor ar~ Building Coverage Paved Impervious Area Number of off street parking spaces ~ STILL WATER MARKET PLACE BUILDING AND SIGNAGE DESIGN CRITERIA . All outlot buildings shall comply with the followir..g design criteria: 1. All building plan and elevation submittals shall receive approval from representatives of Target and Cub Foods prior to being submitted to the City of Stillwater. Submittals for approval shall include: 2. ..., ;). .4. . Site plan Landscape plan Utility plan Lighting plan Grading plan Elevations (four sides) Original color rendering of all elevations fully annotated (Note: no color xerox's or photstats acceptable) Material and color board All site, building and signage design shall be presented to the community development director in schematic form prior to being submitted as a formal building design approval package. The final design package shall be reviewed and approved by the Design Review Committee. The building and signage structure elevations shall be compatible to the design theme represented on the Cub Foods and Target Stores. All structures shall utilize the following materials. . Integrally colored CMU by Anchor and Shiely Block Company. 4" x 16" long units. . All structures shall have the majority of the facades clad in "Dusty Rose" color with a minimum of two of the following accent colors: "Parchment", "Corporate Gray" or "Wanntone". . All metal trim coping or roofing shall match Colorklad "Vincent Almond" . 5. Signage for these structures shall consist of either (a) building signage as regulated by the Gity of Stillwater Sign Ordinance, Subd. 22.10, or (b) Monument signage not to exceed six feet in height. The face of the signage shall not exceed 30 square feet. The materials shall meet the requirements ofItem' above. All sign lettering shall be compatible with the existing theme. If 6. The lighting plan shall consist of the pole layout, photometric distribution and fixture style. Site parking lot lighting shall consist of metal halide, vertical lamp, dark bronze standard, "Shoe Box" light fixture by LS1 Lighting Systems or approved equivalent. Mount fixtures on dark bronze poles with 3 feet high concrete reinforced base. Fixture lamp wattage and pole height may be adjusted to obtain a three footcandle minimum maintain average. All exterior wall mounted or soffit lighting shall be metal halide. . .4. . . . ,.., j..J WATER MARKET PLACE BUILDING AND SIGNAGE DESIGN CRITERIA LANDSCAPE STANDARDS 1. The landscape plans for the outlots of the Stillwater Marketplace will utilize the design palette of plant materials which have been installed at Target and Cub Foods. 2. The plans shall provide a variety of plant material sizes and heights. Larger caliper plants are to be placed at the entry of the building. 3. The plant material on each outlot should generally have the following percentages of Overstory, Ornamental and Coniferous trees. Overstory Deciduous Ornamental Coniferous 55 - 60% 20 - 30 % 25 - 30% Each outlot which abuts Outlot A shall also provide a landscape plan which identifies tree and shrub plantings between Highwater Line and the Joint Property Line. The design intent is to create a natural landscape planting so that there will not be sharp delineation between the lots and Outlot A. Trees shall be installed at the ratio of one per six parking stalls per lot. 5. The landscape plan shall account for a seasonal variation in the plant material which will provide for spring flowers, summer shade and fall color. 6. The landscape plan shall receive the approval from representatives of Target and Cub Foods prior to being submitted to the city. 7. The landscape plan shall be presented to the city community development director in schematic form prior to being submitted as a formal site plan approval package. 8. The final landscape plan shall be reviewed and approved by the Design Review Committee. 9. All landscape areas shall be 100 percent irrigated. 10. The outlot development directly east of the monument sign/outlot along Curve Crests Boulevard shall be responsible for the irrigation of the plant material and sod around the monument sign. 11. No irrigation will be required on plantings located within Outlot A. . . . . ... MEMORAN.DUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ;L- DA: November 30, 1994 RE: REVIEW P ARIONG LOT MAINTENANCE AND USE In October, the city council officially named the west wing junior high parking lot the Riverview lot and established the lot as a permit lot. The concept of CUB maintaining the lot in lieu of permit fees was presented. City staff supported the concept because of existing demands on city staff. The council agreed with the CUB maintenance for fee concept and referred it to staff for preparation of an agreement. Since the October council meeting, CUB and staff have met with the Downtown Parking Commission to discuss the maintenance arrangement (see attached maintenance summary). In addition to the costs of landscape maintenance, the cost of lighting and parking lot surfacing has been added to the maintenance responsibilities of CUB. The Downtown Parking Commission felt that with CUB's total maintenance of the lot they could agree that the lot be an open public parking lot similar to the north Main Street lot. Cost of maintenance would include: Lawn and landscape maintenance, watering and replacement as needed Snow plowing (city would haul snow) Electric cost Parking surface maintenance Long-Term Use The Downtown Parking Commission felt the Riverview lot should remain a public parking lot as long as it is needed by users in the area. They felt uncomfortable with the idea of selling the lot to CUB at this time. The city attorney is preparing an annual maintenance agreement between the city and CUB. ;< CUB PROPOSAL FOR RIVERVIEW PARKING LOT BACKGROUND -Cub Foods will pay (via taxes) all costs which the City has incurred for demolition of the former junior high west wing and parking lot improvements. -Net cost to taxpayers-SO PROPOSAL -Cub would pay for lot maintenance on a permanent basis (plowing, sweeping, landscaping maintenance) . -Cub would like a "buyout" agreement for the Riverview lot or a deed restriction which guarantees parking capacity will not be reduced. -Cub would agree that the Riverview lot is available on a first come/fITst served basis. In reality, the lot serves the Cub building during weekdays and the City during evening/weekend hours. . BENEFITS TO CUB -Timely snow removal -Attractive lot adjacent to building -Guaranteed long-term parking lot use BENEFITS TO CITY -Minimal supervision/monitoring -No added City Works Department burden -Guaranteed long-term parking lot use -Attractive lot adjacent to Historic Courthouse and residences. . . . . RESOLUTION 94- ADOPTING THE FINAL BUDGET FOR THE YEAR 1995 Be It Resolved by the City COlUlcil of the City of Stillwater, Minnesota, that the proposed Budget for the General FlUld is hereby adopted for the year 1995 with revenues and expenditures in the amolUlt of $5,288,807. Adopted by the City COlUlcil this 6th day of December 1994. Mayor Attest: City Clerk RESOLUTION 94- ADOPTING THE FINAL TAX LEVY FOR THE YEAR 1995 .Be It Resolved by the City Council of the City of Stillwater, Minnesota, that the SlUIl of $3,0 19,529 be, and the same is hereby levied ,against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1995. Adopted by the City Council this 6th day of December 1994. Mayor Attest: City Clerk . . . >1!. ... L,t Draft e December 2, 1994 AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND MUNICIPAL INDUSTRIAL DEVELOPMENT CITY OF STILL WATER, MINNESOTA AND LANOGA CORPORATION, A DELAWARE CORPORATION e 125 WEST FIFTH STREET WINONA, MINNESOTA 55987-5550 and 17946 NE 65TH STREET REDMOND, WASHINGTON 98052 THIS INSTRUMENT WAS DRAFTED BY: e David T. Magnuson Magnuson Law Firm 324 South Main Street, #260 Stillwater, MN 55082 (612) 439-9464 TABLE OF CONTENTS ARTICLE I Background: Findings: Definitions 1.7. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 1.8. Exhibits ............................................... 3 1.9. Rules oflnterpretation ...................................... 3 ARTICLE II Representations and Undertakings 2.1. By the City ............................................. 4 2.2. By UBC ............................................... 4 ARTICLE III Exchange 3.1. Terms and Conditions ...................................... 5 ARTICLE IV Consideration, Payment and Closing Documents and Conditions Precedent 4.1. Exchange Consideration ..................................... 5 4.2. Improvements Construction/Indemnification ......................... 6 4.2.1.Letter of Credit .......................................... 6 4.3. Transfer of Consideration .................................... 6 4.4.1.Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5. Conditions Precedent ....................................... 7 4.6. Insurance/Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 4.7. UtilitiesIReal Estate Taxes/Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE V Warranties 5.1. The Conveying Party's Warranties, Etc . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 . ,.... .. J e e e i -, e e e ,J ARTICLE VI Defaults: Remedies 6.1. Events of Default Defined .................................... 10 6.2. Remedies on Default ....................................... 11 6.3. No Remedy Exclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 6.4. No Additional Waiver Implied by One Waiver ....................... 12 ARTICLE VII Miscellaneous 7.1. Conflict of Interests; Representatives Not individually Liable .............. 12 7.2. Agreement Recorded ....................................... 12 7.3. Non-Discrimination ........................................ 12 7.4. Amendment ............................................. 12 7.5. Counterparts............................................. 12 7.6. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 7.7. Notices and Demands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 ii AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND MUNICIPAL INDUSTRIAL DEVELOPMENT THIS AGREEMENT is entered into between and among: a) The City of Stillwater, Minnesota, a municipal corporation in the State of Minnesota; and b) Lanoga Corporation, a Delaware corporation, 125 West Fifth Street, Winona, Minnesota, 55987-5550. In consideration of their mutual promises and undertakings the parties to this Agreement agree as follows: ARTICLE I Background: Findings: Definitions 1.1. The lumber industry has been a significant economic presence in the City since 1843, however, shortly after the turn of the century, the industry began a steady decline that has had a negative effect on the economic health of the City. Lanoga Corporation (UBC) and its predecessors have occupied a site in the Central Downtown Business District of the City where they have stored, warehoused and distributed forestry products to the public and are the last remaining lumber industry to provide this product in the Central Business District. Because of site restraints and the changing nature of the Downtown area, they have found that it is essential to their industry that they relocate to the Industrial Park of the City in a modern facility that would allow them to flourish. 1.2. UBC and the City have found, however, that part of the site upon which the industry is .now located (the "Yard Site") contains hazardous wastes. A Phase I Environmental Site Assessment (ESA) completed for the property indicated that the Yard Site was occupied by Stillwater Gas and Electric Light Company from approximately 1887 to 1910 at which time it was purchased by Bluff City Lumber and Consumers Light & Power Co. Northern States Power (NSP) Company purchased the yard Site in approximately 1924 and it was later acquired by UBC in 1972. While occupied by Stillwater Gas and Electric Light Company, predecessors to NSP, the site was used as a coal gasification plant. A TEC Associates, Inc., has completed a Phase II Environmental Site Assessment at the Yard Site and found polynuclear aromatic hydrocarbons (PAHs) in soil and groundwater samples collected at the site. Naphthalene, fluoranthene, and benzene concentrations were detected in a do~ngradient monitoring well that exceeded the Minnesota Department of Health (MDH) Recommended Allowable Limits (RALs). The Minnesota Pollution Control Agency (MPCA) has designated the site as Stillwater Gas Manufacturing Site #1. The United States Environmental Protection Agency (USEPA) has completed a Preliminary Assessment and a Site Inspection report for the site. The site inspection was completed in 1987 by Ecology and Environment (EPA Contractor). MPCA staff have indicated that the site is scheduled to be scored within the next year under the new Federal Hazard Ranking System (HRS). 1.3. The City has found that without the public assistance that is contemplated by this Agreement the Downtown Site could not be sold to enable the relocation of UBC and without the public assistance that is contemplated by this Agreement the site would become more marginal and blighted and result in the loss of employment opportunities. (. .... e e - "' , e e e ~) 1.4. The City has found that the continued viability of the lumber distributing facility is vital to the economic life of the City. The City has found and determined that substantial public financial assistance to UBC as contemplated by this Agreement is equally vital to the economic life of the City. The City has also found and determined that the economic assistance contemplated by this Agreement will (i) serve the public purpose underlying the City's policy of protecting and preserving public health, safety and general welfare of its citizens, (ii) assist in achieving the objectives of the City's and the related state and federal programs of economic assistance and (Hi) prevent the emergence of marginal and blighted land and the loss of jobs in the City. 1.5. The City has found that the public interests described above will be furthered by the City purchasing property in the City Industrial Park and building a facility for the relocation of UBC, and that . exchanging the completed new facility to UBC for the Downtown Site that they now occupy will offer a reasonable possibility for survival of the lumber industry in the City and that the participation in the economic viability of that industry as contemplated in this Agreement is in the best interest of the City and its residents. 1.6. The parties to this Agreement concur in the findings expressed in this section. 1.7. Definitions. For the purposes of this Agreement the terms defined in this section have the meanings given them. a) "City" means the City of Stillwater, Minnesota. b) "UBC" means Lanoga Corporation, a Delaware corporation, 17946 NE 65th Street, Redmond, Washington 98052, with Minnesota offices at 125 West Fifth Street, Winona, Minnesota 55987-5550, its successors and assigns. c) "Downtown Site" means and includes (i) the "Office and Warehouse Site" at 301 South Second Street described in Exhibit "A" and (ii) the "Yard Site" located on the west side of South Second Street at Nelson, described in Exhibit "B", all of which will be exchanged with the City for the New Site. d) "New Site" means the land to be purchased by the City upon which the City will construct the Improvements that will be exchanged by the City with UBC for the Downtown Site and described in the attached Exhibit "C" and Exhibit "C" (1). e) "Guarantee Agreement" means the guarantee given by UBC to the City described in Exhibit "0". t) "Development Agreement" means the Agreement between the City and UBC dated December 6, 1994, relating to tax increment assistance to UBC from the City, attached hereto as Exhibit "E". g) "Assessment Agreement" means Exhibit "B" to the Development Agreement, dated December 6, 1994, by which the minimum market value of the New Site is fixed for the purpose of real property tax payments on the New Site. 2 h) "NSP" means Northern States Power Company, a Minnesota corporation, purchaser of the Yard Site from the City as described in Exhibit "F". . i) "St. Croix" means St. Croix Catering, Inc., a Minnesota corporation, purchaser of Office and Warehouse Site described in Exhibit "G". j) "Pauley" means William J. Pauley and Violet E. Kern, owners of the vacant land in the Stillwater Industrial Park that will be purchased by the City and upon which the Improvements will be constructed as described in Exhibit "R". k) "Conveying Party" means the City as transferor of the New Site and UBC as Transferor . of the Downtown Site. 1) "Acquiring Party" means the City as transferee of the Downtown Site and UBC as transferee of the New Site. m) Terms defined in other sections of this Agreement have the meanings given them by those sections. 1.8. Exhibits. The following exhibits are attached to and by reference made a part of this Agreement. a) Exhibit "A": Legal description of Office and Warehouse Site b) Exhibit "B": Legal description of Yard Site c) Exhibit "C": Legal description of New Site d) Exhibit "0": Letter of Credit e) Exhibit "E": Development Agreement f) Exhibit "F": Purchase and Sale Agreement between the City and NSP for the Yard Site g) Exhibit "G": Purchase and Sale Agreement between the City and St. Croix for the Office and Warehouse Site h) Exhibit "R": Purchase and Sale Agreement between the City and William J. Pauley, et al. for the Pauley Site . i) Exhibit "I": Construction Manager's Agreement. 1.9. Rules ofInteq>retation. a) This Agreement is to be interpreted in accordance with and governed by the laws of the State of Minnesota, including but not limited to Minnesota Statutes, Chapter 645. b) The words "herein" and "hereof' and words of similar import, without reference to any 3 c. ~. e e e .. . e e e , ) particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. d) Titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and are to be disregarded in construing or interpreting its provisions. ARTICLE II Representations and Undertakings 2.1. By the City. The City makes the following representations as the basis for its undertakings in this Agreement: a) The City is authorized by law and its charter to enter into this Agreement and to carry out its obligations hereunder; b) The activities of the City contemplated by this Agreement are undertaken for the purpose of stimulating economic development and employment opportunities in the City. c) The City will, at the request of UBC, cooperate with UBC with respect to any litigation, other than litigation to which the City and UBC are adverse parties, but the City is not obligated to incur the costs of legal counselor experts in connection with assistance requested by UBC with respect to such litigation. Nothing in this section is to be construed as a representation by the City (i) that the public assistance together with any other funds of UBC will be adequate to properly capitalize UBC for its intended operations at the New Site or for any other purpose or (ii) that the City has made or makes by this Agreement any judgment or offers any opinion to the creditworthiness of UBC for the purposes of UBC's debt financing or equity financing or for any purpose other than carrying out the City's legally authorized power to stimulate economic development and create employment opportunities in the City. 2.2. By UBC. UBC makes the following representations as a basis for its undertakings under this Agreement: a) UBC has the legal authority and has been authorized by appropriate action of its Board of Directors to enter into this Agreement and to carry out its obligations hereunder. b) UBC has applied or will apply for and obtain in a timely manner all required permits, licenses and approvals necessary for the conduct of its activities at the New Site so as to be fully able under local, state and federal laws to begin its operations on the Date of Closing as defined in this Agreement or as soon thereafter as is reasonably practicable. c) UBC has made the necessary financial arrangements to enable it to purchase necessary equipment to operate at the New Site as contemplated by this Agreement. 4 ( . . ~ d) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which UBC is now a party or by which UBC is bound, or constitutes a default under any of the foregoing. e ARTICLE III Exchange 3.1. Subject to the terms and conditions of this Agreement, UBC shall convey to the City and the City shall acquire and accept from UBC that real property described in Exhibits "A" and "B", consisting of approximately 1.03 acres, together with all improvements thereon and all rights, privileges, easements, and licenses relating thereto (the "Downtown Site"), and the City shall convey to UBC and UBC shall acquire and accept from the City the New Site to be acquired by the City described in attached Exhibit "c" and the improvements to be constructed thereon as described in Section 4.2 and set forth in Exhibit "c" (1), together with all rights, privileges, easements, and licenses relating thereto (the "New Site"). 3.2. The parties intend that the transaction entered into pursuant to this Agreement shall constitute and be treated as a tax free exchange under Section 1031 of the Internal Revenue Code of 1986, as amended. UBC is unwilling to sell its property for cash and has consented to convey its property only as part of a like-kind simultaneous exchange. Accordingly, the City agrees to cooperate in effecting a e qualifying like-kind exchange. Notwithstanding the foregoing, and except as set forth in Section 3.1. herein, the City shall not be required to take title to any property other than the New Site and the Downtown Site and makes no representations or warranties regarding the availability of like-kind exchange treatment for this transaction. Regardless of other terms herein, the City shall not be obligated to assume any recourse obligation to third parties resulting from construction of the Improvements. 3.3. Unless a later date is agreed to in writing by both parties, each party shall deliver one (1) copy of the following to the other party or its agents within thirty (30) days following the execution of this Agreement by both UBC and the City: a) A complete Abstract of Title or Registered Property Abstract to the property to be conveyed by that party, including, without limitation, all appropriate name searches, continued to a current date. b) A current "as built" survey of the property to be conveyed by that party, the survey to be by a licensed surveyor or engineer. ARTICLE IV Consideration. Payment and Closinl! Documents and Conditions Precedent 4.1. Exchange Consideration. In exchange for the New Site, UBC shall convey at the Closing e 5 '*, J e the Downtown Site to the City and shal! assume in writing all liability for the debt(s) previously approved by UBC and incurred by the City in the design and construction and other out-of-pocket expenses related to the costs of acquisition of the New Site and the costs of the Improvements, including costs associated with financing its responsibility as defined herein, which exceeds $404,000.00 and shall cooperate with the City in obtaining a release of the City from any liability or claims related to the liabilities assumed by UBC. In exchange for the Downtown Site, the City shall convey at the Closing the New Site to UBC. 4.2. Improvements Construction/Indemnification. Prior to Closing, the City shall cause to be constructed on the New Site a United Building Center store, along with any necessary accessory structures and site improvements as described on Exhibit "C" (1) ("Improvements"). The Improvements shall be constructed in the name of and shall be owned by the City until the closing of this exchange. . To the extent of the liabilities to be assumed by UBC in Section 4.1., UBC agrees to defend, indemnify and hold harmless the City from any liability whatsoever that the City incurs as a result of the City's participation in contracting for the design and completion of the construction of the Improvements. The construction contract and construction manager's agreement and starting date shall be approved by UBC prior to the start of construction. Construction of the Improvements shall not commence until after the conditions of Section 4.5., except Section 4.5.(a), are satisfied for both the Downtown Site and the New Site; however, construction of the Improvements will commence no later than November 15, 1994, or such later date as is agreed to in writing by the parties (the "Starting Date"). Failure by a party to satisfy a condition contained in Section 4.5., except Section 4.5.(a), by the Starting Date shall be a default by that party under this Agreement. UBC shall provide the necessary design plans in a timely manner to allow construction of the Improvements to be commenced according to the terms of this Section. Upon start of construction, each party shall be deemed to have waived any such condition that has not been satisfied. e 4.2.1. Letter of Credit. Prior to the execution of this Agreement, UBC shall furnish to the City a Letter of Credit issued by a bank previously approved by the City in the form attached as Exhibit "0" which shall guarantee payment of the cost and performance of the City's obligations contained in this Agreement at a cost of no less than $1,256,000.00. At least thirty (30) days prior to the expiration of any Letter of Credit provided under this Section, UBC shall provide the City with a replacement Letter of Credit which shall extend at least one year beyond the expiration date of the Letter of Credit then in effect or, if earlier, until a date which is sixty (60) days beyond a contractor's written estimated date for completion of the City's obligation, or UBC shall be in default hereunder with no opportunity to cure and the City may immediately draw upon the Letter of Credit then in effect. Any Letter of Credit shall permit the City to draw upon it for the full face amount thereof, as reduced from time to time as provided herein, upon a Default as defined in Section 6.1 and immediately in the event UBC fails to comply with any obligation stated in this Section with respect to replacement Letter of Credit. 4.3. Transfer of Consideration. The consideration set forth in Paragraph 4.1. shall be transferred and evidenced as follows: a) Upon the execution of this Agreement by both UBC and the City, each party shall deposit in escrow with the other party $5,000.00 (the "Deposit"). In the event the exchange of the properties described in Section 3.1. as contemplated hereunder is consummated or not consummated because of the failure of any condition or any other reason, except a default under this Agreement on the part of one of the parties hereto, each Deposit shall immediately be paid to the depositing party without interest. If the exchange is not consummated because of a default under this Agreement on the part of one of the parties e 6 \ , .J hereto, both Deposits shall be paid to and retained by the non-defaulting party as liquidated damages. e b) Subject to the written approval or written waiver of the conditions precedent set forth in Section 4.5., the Closing of this Agreement shall occur at Stillwater City Hall, 214 North Fourth Street, Stillwater, Minnesota 55082 on or before the date which is thirty (30) days after the completion of construction of the Improvements referred to in Section 4.2.; provided that Closing shall occur at such earlier date which is agreed to by the parties. The term "Closing Date", as used herein, shall be deemed to be the date upon which the parties each accept a marked-up title commitment from a title company by executing or initialing a copy thereof in conjunction with, and on the same date as, the transfer to the . respective parties of all other documents and funds. However, provided the construction of the Improvements commences on or before May 1, 1995, the Closing Date shall be no later than September 1, 1995, unless the City shall consent in writing to a later date. All prorations and adjustments shall be effected as of midnight of the day preceding the Closing Date, unless otherwise mutually agreed to by the parties ("Adjustment Date"). 4.4.1. Closing. The Conveying Party shall prepare and deliver at Closing in form reasonably acceptable to the Acquiring Party's counsel (unless otherwise provided): a) For the Office and Warehouse Site and for the New Site, a Warranty Deed ("Deed"), without any exceptions, duly executed and acknowledged, which conveys the property to the Acquiring Party, along with any documents, including a Seller's Affidavit, necessary to record the deed; for the Yard Site, a Limited Warranty Deed, excepting only a warranty that the property is free from hazardous substances, duly executed and acknowledged, which conveys the property to the Acquiring Party along with any documents, including a Seller's Affidavit, necessary to record the deed; e b) Affidavit from Conveying Party stating: (i) its United States taxpayer identification number for federal income tax purposes; and (ii) it is not a "foreign person" within the meaning of ~ 1445, et seq., of the Internal Revenue Code of 1986, as amended; c) Any other documents necessary to consummate the exchange, including any requirements of the title company responsible for closing the transaction; d) An opinion of counsel addressed to Acquiring Party opining that this Agreement and the deed delivered by Conveying Party were duly authorized, executed, and delivered and constitute the binding obligations of Conveying Party, enforceable according to their terms; and e) An undertaking from UBC to the City that it will commence operation of a UBC retail outlet at the New Site within 2 months of the Closing Date. 4.4.2. During the pendency of this Agreement and as a condition of Closing, each party shall maintain the property it is conveying in good repair. 4.4.3. Each party shall deliver and perform at Closing the items and actions set forth in Section 4.1. above. 7 e ~ , ' } e 4.5. Conditions Precedent. The following shall be conditions precedent to each party's obligations hereunder: a) Representations and warranties contained herein are true and correct as of the Closing Date and the Conveying Party shall have performed its covenants contained herein; b) The Acquiring Party must be able to procure a commitment for an ALTA Owner's Policy of Title Insurance from a title company in the amount of the consideration being paid or transferred by the Acquiring Party, free and clear of all matters, encumbrances and survey exceptions other than standard exceptions. In the event any exceptions other than standard exceptions shall show (or purport to be shown) in the Policy of Title Insurance . if the same results from any voluntary action by the Conveying Party, or if the same may be removed solely by payment of money, the Conveying Party shall cause such exceptions to be removed. With regard to any additional exceptions other than standard exceptions, if the Conveying Party fails to remove the same within the time allowed for Closing, the Acquiring Party shall have the right to terminate this Agreement as the Acquiring Party's sole and exclusive remedy, and any deposit made herein shall be returned to the Acquiring Party by the Conveying Party in full, and the Conveying Party agrees to pay any escrow and title cancellation fees in connection therewith; c) The Acquiring Party shall have obtained the financing necessary to carry out this exchange, from whatever source, and satisfied all conditions relating to the financing, and, in the case of the City's acquisition of the New Site, the City shall have obtained the financing necessary for the Improvements on the New Site as planned by the City; e d) The condition of the New Site as reflected in any environmental report shall be acceptable to DBC in its sole discretion; e) The City shall have an executed and binding Purchase and Sale Agreement along with adequate assurances of performance by the Seller for the purchase from Pauley of the New Site; t) The City shall have an executed and binding contract along with adequate assurances of performance with a construction manager for the construction of the Improvements to be performed by the City in the form attached as Exhibit "I"; g) The City shall have, on or before November 1, 1994, an executed and binding contract along with adequate assurances of performance of the Buyer for the re-sale of the Office and Warehouse Site to St. Croix; and h) The City shall have, on or before November 1, 1994, an executed and binding contract along with adequate assurances of performance for the re-sale of the Yard Site to NSP. lfthe preceding conditions (b) through (h) are not satisfied on or before the Starting Date, or, in the case of condition (a), on or before the Closing Date, this Agreement shall be null and void unless the parties mutually agree otherwise in writing and the nondefaulting party shall be entitled to a refund of its entire earnest money deposit from the defaulting party, and neither party shall have any liability to the other, except as set forth in Section 4.3. e 8 t, ," 4.6. Insurance/Eminent Domain. If, before legal title or the possession of the property to be conveyed has been transferred to the Acquiring Party, any portion of such property is taken be eminent e domain by any governmental entity, then the Acquiring Party shall have the option to either (i) terminate this Agreement, and all documents and monies delivered hereunder shall be returned to the party which had delivered any such documents or monies, or (ii) proceed with the acquisition of the property, in which case, Conveying Party shall assign to Acquiring Party any amounts due from any governmentilI entity as a result of the taking. The City shall insure the Improvements on the New Site during construction and thereafter until conveyance to UBC. In the case of damage to the Improvements prior to conveyance to UBC, the City shall apply insurance proceeds to repair the damage. 4.7. Utilities/Real Estate Taxes/ Assessments. Final readings and final billings for utilities will . be made if possible as of the Closing Date. The Conveying Party shall pay all outstanding amounts due on the property being conveyed as of such time, except that UBC shall be responsible for utilities for the New Site from the date construction commences on the property. The Conveying Party shall also be entitled to any applicable refunds of security deposits with any utility companies. If final readings and billings cannot be obtained as of Closing, the final bills when received shall be prorated based upon the number of days the Conveying Party owned the property in the final billing period. Pending or levied special assessments due and payable in the year of Closing and future years and all other current expenses of operation of the property being conveyed shall be paid by the Conveying Party. The Conveying Party shall pay all real estate taxes on the property being conveyed due in the years prior to the year of Closing. Real estate taxes payable in the year of Closing shall be prorated as of the Adjustment Date. Nothing in this paragraph or any other provision of this agreement, however, shall obligate the City to provide consideration in excess of $404,000.00 for the exchange, exclusive of tax increment assistance provided by this agreement. e ARTICLE V Warranties 5.1. The Conveying Party's Warranties. Etc. The Conveying Party hereby represents, warrants and covenants (which warranties, representations and covenants shall survive the Closing Date) that, as of the date of this Agreement and as of the Closing Date, the following are true and correct: 5.1.1. The Conveying Party has full power and authority to enter into and perform this Agreement in accordance with its terms; 5.1.2. The Conveying Party has, or will prior to the Closing acquire,good, insurable and marketable title in fee simple to all of the property being conveyed by it pursuant to this Agreement; 5.1.3. Except with respect to hazardous substances located on the Yard Site, the Conveying Party has not received any notice or communication from any governmental entity indicating that a condition exists with respect to the property being conveyed by it or with respect to the improvements thereon which violates any city, county, state or federal law, ordinance, regulation, or code; 5.1.4. The property being conveyed by it is not subject to any outstanding agreements(s) of sale, options(s) or other right(s) of third parties to acquire any interest therein; except as set forth in this agreement; 9 e ~, e e e . i 5.1.5. Except with respect to hazardous substances located on the Yard Site, there is no litigation or proceeding pending or, to the Conveying Party's knowledge, threatened against or relating to any of the property being conveyed by it, nor does the Conveying Party know or have reasonable grounds to know of any basis for any such action, and the Conveying Party hereby agrees to indemnify the Acquiring Party,hold it harmless, and protect and defend it from and against any and all claims, demands, damages,losses, liens, liabilities, actions, causes of action, and other proceedings of any nature, together with all costs and expenses thereof (including, without limitation, reasonable attorney's fees and court costs) resulting directly or indirectly in any manner from such litigation (except the City shall not be responsible for any action, claim, lien, etc. for which UBC has agreed to indemnify the City under Section 4.2.); 5.1.6. There are no substances located, stored, used or disposed of on the property being conveyed which are listed as "hazardous" or "toxic" in the Comprehensive Environmental Response Compensation Act, 42 USC ~ 9601, et seq., the Resource Conservation Recovery Act, 42 USC ~ 6901, et seq., or any other federal, state or local law regulating toxic or hazardous substances or any petroleum, including crude oil or any fraction thereof, natural gas or synthetic gases; and to the best of the Conveying Party's knowledge, there have been no such substances on the property being conveyed; except for the substances known to exist on the Yard Site and that are in the process of remediation by NSP according to the remediation plan approved by the Minnesota PCA; 5.1.7. To the best of the Conveying Party's knowledge and belief, there are no off-record agreements relating to entrances, exits, access and service roads affecting the property being conveyed; 5.1.8. The Conveying Party is not a "foreign person" within the meaning of ~ 1445, et seq., of the Internal Revenue Code of 1986, as amended; and 5.1.9. The property being conveyed contains no wells or underground storage tanks to the best knowledge and belief of Conveying Party, and there are no individual sewage treatment systems on or serving the property to be conveyed. ARTICLE VI Defaults: Remedies 6.1. Events of Default Defined. The following are Events of Default under this Agreement and the term means whenever it is used in this Agreement, unless the context otherwise provides, anyone or more of the following events: a) Failure by the City or UBC to observe and substantially perform any covenant, condition, obligation or agreement on their part to be observed or performed hereunder, which failure continues uncured for 30 days after written notice given as provided in this Agreement or, if the failure cannot be cured within 30 days, the failing party does not provide assurances reasonably satisfactory to the other party that the failure will be cured as soon as reasonably possible; b) UBC admits in writing its inability to pay its debts generally as they become due, or files a petition in bankruptcy, or makes an assignment for the benefit of its creditors, or consents to the appointment of a receiver of itself or of the whole or any substantial part 10 . > , . of the Downtown Site; c) UBC or the City files a petition under the federal bankruptcy laws; e d) UBC, on a petition in bankruptcy filed against it, is adjudicated a bankrupt, or a court of competent jurisdiction enters an order or decree appointing, without the consent of UBC, a receiver of UBC or of the whole or substantially all of its property; or approves a petition filed against UBC seeking reorganization or arrangement of UBC under the federal bankruptcy laws, and such adjudication, order or decree is not vacated or set aside or stayed within 60 days from the date of entry thereof; e) If Conveying Party is in default under any mortgage on the property being conveyed and the mortgagee has accelerated the payment of the underlying obligation following any notice and lapse of any applicable cure period; f) An Event of Default occurs under the Development Agreement and continues uncured for 30 days after written notice given to the defaulting party or, if the default cannot be cured within 30 days, the defaulting party does not provide assurances reasonably satisfactory to the other party that the default will be cured as soon as reasonably possible; g) A material representation made by UBC or the City in this Agreement proves to be untrue in any material respect when made. 6.2. Remedies on Default. When an Event of Default occurs, the non-defaulting party may, in addition to any other remedies or rights given under this Agreement take anyone or more of the following actions: e a) Suspend its performance under this Agreement until it receives assurances from the defaulting party, deemed reasonably adequate by the non-defaulting party, that it will cure the.default and continue its performance under this Agreement; b) Cancel and rescind or terminate this Agreement; c) Take whatever action at law or in equity may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement; d) Draw on the Letter of Credit. 6.3. No Remedy Exclusive. A remedy herein conferred upon or reserved to a party is not intended to be exclusive of any other available remedy or remedies, but each and every such remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. A delay or omission to exercise any right or power accruing upon any default does not impair any such right or power, and such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or UBC to exercise any remedy reserved to them, it is not necessary to give notice, other than the notice required in this Article VI. 11 e . . e e e ,} 6.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by a party and thereafter waived by another party, such waiver is limited to the particular breach so waived and may not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VII Miscellaneous 7.1. Conflict of Interests: Representatives Not individually Liable. A City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity may not . voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. A member, official, or employee of the City will not be personally liable to UBC, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to UBC or its successor or on any obligations under the terms of this Agreement. 7.2. Agreement Recorded. This Agreement runs with the Downtown Site and the New Site and shall be recorded by the City in the Office of the Washington County Recorder. 7.3. Non-Discrimination. The provisions of Minnesota Statutes, section 181.59, which relate to civil rights and non-discrimination, and any affirmative action program of the City are a part of this Agreement and binding on UBC as though fully set forth herein. 7.4. Amendment. This Agreement may be amended by the parties only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. 7.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which will constitute one and the same instrument. 7.6. Governing Law. This Agreement is governed by the Law of the State of Minnesota. 7.7. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other party will be sufficiently given or delivered if it is sent by certified or registered mail, postage prepaid, return receipt requested or delivered personally or sent by telecopier or telex: a) As to the City: City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Attn: Nile Kriesel, Coordinator b) As to UBC: Lanoga Corporation, a Delaware Corporation 125 West Fifth Street Winona, MN 55987-5550 Attn: Dale Kukowski, Vice-President 12 c) Lanoga Corporation, a Delaware Corporation 17946 NE 65th Street . Redmond, W A 98052 7.8. Waiver: Integration. a) Nothing in this Agreement may be changed without the City's written permission, which permission may not be unreasonably withheld or delayed. b) This Agreement takes the place of any previous written or oral communication between the City and UBC with regard to this Agreement. 13 ;,: . . e, e e . , e e e " IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of September, 1994. LANOGA CORPORATION THE CITY OF STILLWATER By Its Charles M. Hooley, Its Mayor and By Its Morli Weldon, Its Clerk 14 EXHIBIT" A" DESCRIPTION OF PROPERTY Lots 7, 26 and 27, Block 29, original Town, now City of Stillwater. t , I e e e '. ,} e e e . EXHffiIT "B" All that part of Lots One (1), Two (2), Six (6), and Seven (7) in Block Thirty-five (35) of the original town (now city) of Stillwater as follows: Commencing at the Northeast corner of Block 35; thence South along the East iin~ of said Lots One (1) and Six (6), One Hundred Feet (100') to the place of beginning; thence West parallel to the North line of said Lots One (1) and Two (2) to the East line of Lot Three (3); thence South along East line of Lot Three (3) to the North line of Lot Six (6); thence West along the North line of Lot Six (6) to a point which is One Hundred . Twenty Feet (120') East of the East line of Third Street, thence South parallel with the East line of Third Street Eighty-five feet (85'); thence West at a right angle to the East line of Third Street; thence South along East line of Third Street One Hundred fifty-feet (150'); thence East at a right angle One Hundred fifty feet (150') to the intersection with the West line of Lot Seven (7) if extended Northerly; thence South along said extended line and the West line of Lot Seve'n (7) Fifty Feet (50'); thence East at right angles with Third Street One hundred fifty feet (150') to the West line of Second Street; thence North along the West line of Second Street, to the place of beginning. Except All the part of Lot numbered Six (6), In Block numbered thirty-five (35) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point on the east line-of South Third Street, eighty-five (85) feet south of the northwest corner of said Lot Six (6), thence east at right angles to South Third Street, Fifty (50) feet, thence south on a line parallel with South Third Street one hundred and fifty (150) feet, thence west at right angles to South Third street a distance of fifty (50) feet to the east line of South Third Street, thence north along the said east line of South Third Street one hundred and fifty (150) feet to the place of beginning. .---. .~ . .. ~BIT "e" ~ OJ e BRUCE A. FOLZ & ASSOCIA TES LAND SURVEYING . LAND PLANNING 1815 NORTHWESTERN AVE. · STILLWATER. MINNESOTA 55082 . (612) 439-8833 September 4, 1992 LAND DESCRIPTION FOR BILL PAULEY .PARCEL 2 . . That part of the North 386.60 feet of the South 731.48 feet of Outlot A of STILLWATER INDUSTRIAL PARK, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, as measured at a right angle to the south and west lines thereof, containing 152,467 square feet; more or less. . .."" -----...-. ~. e . ~ 'r.3l... ...,.,....'1:'1.. ~. __... -- --.-- -- .U. -.--------- I'" . J / . I .' .;, . ".. " " ~. -~ ....... . . . '.' 0"' .; ".. '.~. . '." .... . . . " ,," e: Bi ~ C. _~l --.------..--- ". /'/ 11 ..~ e " ;::45.17 123.339 ~q. r t. 2.83 a.cre s I~ 3 +73.~ 6~""25:z.~" E l !II l'ij \I \J~: ~"r: " I ~v I i I I ~ .~!tn~ . ~ I\-}V) " ~ lS?.467 sq. ft. ~ '"''::-0 :0- ';..J uCr'F.S ~ ,~ .f? ~/ '. AI " ~ ~.. v ~ ,/ 4 I .~ / ':!>I' " ~ ~ / ,Iy "..; .~~! .. co *i 'I 'I t) " \J :'i&.;.I:;<) '. , ~I \ I "" ". /31.48. 320.17 " IV 8=1' 'Z.i3 2-'7 " W , ,. ~J I . ~J /31 I/< 102.210 sq. ft. 2.35 o.cres e \", ," EXHIBIT "0" e IRREVOCABLE LEITER OF CREDIT NO. TO: City of Stillwater Washington County Minnesota We hereby issue an irrevocable stand-by Letter of Credit No. in favor of the City of Stillwater, Minnesota (the "City"), for account of Lanoga Corporation (the "Applicant") which is available by negotiation of City's draft at sight on or before the 6th day of December, 1995, for 100% of statement value, up to an amount not to exceed One Million Two Hundred Fifty-six Thousand and 00/100 Dollars ($1,256,000.00), accompanied by a written statement, executed by the Mayor of the City or its designee, bearing the number of this Letter of Credit and stating that the amount of City's draft covers the indebtedness of the Applicant to the City provided for in Section 4.2.1. of the "Exchange Agreement" by and between the City of Stillwater and the Applicant approved by the City as of the 6th day of December, 1994, as amended. We hereby agree with the City that all drafts drawn under and in substantial compliance with the terms of this credit will be duly honored on presentation. This credit shall be construed in accordance with the laws of the State of Minnesota including, at. in particular, Minnesota Statutes, Section 336.5-101 to 336.5-117 (Uniform Commercial Code, Article .. 5, Letters of Credit). By Its e e e e ,. EXHffiIT "E" CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made this _ day of , 1994, between the CITY OF STILLWATER ("City"), a Home Rule Charter City of the Third Class, having its office at City Hall, 216 North Fourth Street, Stillwater, Minnesota, and LANOGA CORPORATION, a Delaware Corporation, ("Redeveloper"), 17946 NE 65th Street, Redmond, W A 98052, with a Minnesota Office at 125 West Fifth Street, Winona, MN 55987-5550. I. STATEMENT OF AUTHORITY AND PUBLIC PURPOSE 1.1 AUTHORITY. The City has authority pursuant to the Minnesota Tax Increment Financing Act, found in ~469 .174 to ~469 .179 of the Statues of Minnesota as amended, to finance certain eligible costs with tax increment revenues derived from tax increment finance districts established pursuant to the Minnesota City Development District Act, found in ~469 .124 through ~469 .134 of the Statutes of Minnesota as amended. 1.2 PUBLIC PURPOSE. The public purpose that is furthered by this Agreement is the improvement of the tax base and the tax revenue generation capacity of the City, the increased employment opportunities within the City, the realization of comprehensive planning goals contained in the Comprehensive Plan, and the revitalization of property to create an attractive and efficient area for housing, commercial development and other related uses. 1.3 "BUT FOR" AND OTHER SPECIAL FINDINGS. That the property to be acquired by the Redeveloper and proposed for development ("the Redevelopment Property") is located within Tax Increment Financing District No.1, established on December 12, 1985, and modified February 21, 1989, to adopt a project and a project area, a portion of which was intended for municipal industrial development as defined in Minnesota Statutes Chapter 469, as amended and, any other similar present .. e or future federal, state or municipal legislation. That the Redevelopment Property was a part of the original project but has remained undeveloped since the adoption of the program and the Council finds that the development proposed by the Redeveloper qualifies for tax increment assistance and that because of extraordinary costs associated with site acquisition, site development, soil corrections, drainage improvements, landscaping costs and costs of installation of utilities, roads, sidewalks and parking facilities, the project would not occur without the Tax Increment assistance provided by this Agreement. II. DEFINITIONS 2.1 In this Agreement, the following defmitions will be used: " Available Tax Increments" are those tax increments received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment Property. "Certificate of Completion" means the certification, in the form of the certificate contained in a Exhibit "C" attached and made a part of this Agreement. ,., "Construction Plans" means the plans, specifications, drawings and related documents of the construction work to be performed by or. on behalf of the Redeveloper on the Redevelopment Property . "Estimated Market Value" or "Estimated Market Valuation" means the market value of the real property as determined by the County Assessor of the County of Washington. "Private Improvements" means the improvements described in this Agreement and set forth in the plans that have been reviewed, approved and are on file in City offices. "Project Area" means the real estate described in Tax Increment Financing District No. 1. "Redevelopment Property" means the real estate described in the attached Exhibit "A". ID. TAX INCREMENT PAYMENTS 3.1 The City agrees to pay to the Redeveloper a sum not to exceed $560,000.00 to be paid in twenty eight (28) equal installments of $20,000.00, each payable on the first day of each September and March commencing on September 1, 1997, and ending on August 31, 2010, (the "Scheduled Payment tit Dates "), the amounts payable on the Scheduled Payment Dates being the scheduled payment. The City -2- .., ,II e shall have no obligation to make any scheduled payment unless the Redeveloper has received or is entitled to receive by December 31, 1995, a Certificate of Completion. 3.2 Each payment shall be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper at 125 West Fifth Street, Winona Minnesota 55987-5550. The Redeveloper may designate different addresses to which the payment shall be sent. 3.3 The scheduled payments due on any Scheduled Payment Date is payable solely from and only to the extent that the City shall have received, as of the Scheduled Payment Date, Available Tax Increments. 3.4 The City shall pay on each Scheduled Payment Date the lesser of the Available Tax Increments or the total scheduled payments due on that date. 3.5 This obligation shall not be payable from or constitute a charge upon any funds of the City e and the City shall not be subject to any liability or be deemed to have obligated itself to pay from any funds except the Available Tax Increment. 3.6 The Redeveloper shall never have or be deemed to have the right to compel any exercise of any taxing power of the City and neither any Council member, officer, employee or agent of the City shall be personally liable for the payment of any funds. IV. REDEVEWPER ACTION 4.1 The Redeveloper shall construct or shall cause to be constructed on the Redevelopment Property a Lumber Distributing Center as described in an Agreement for Exchange of Real Property and Municipal Industrial Development dated , 1994. 4.2 That the value of the vacant real estate before construction of the Redeveloper's project according to the 1994 Washington County Assessment is $ e 4.3 The estimated market value of the Redeveloper's completed project according to the -3- ~ ." e , representing a land value of $ and Washington County Assessor is estimated to be $ a building value of $ V. ELIGIBLE COSTS 5.1 The Redeveloper has provided to the City assurances satisfactory to the City that the tax increment funds being paid to the Redeveloper are for the reimbursement of costs incurred by the Redeveloper that are legally permissible and qualifying costs and are eligible for reimbursement by the City pursuant to the Minnesota Tax Increment Financing Act. 5.2 The Redeveloper's statement of eligible costs dated , 1994, is attached as Exhibit "D". VI. NOT FOR SPECULATION e 6.1 The Redeveloper promises to the City that this project is not being built for speculation. VU. CONDITIONS PRECEDENT TO CITY RESPONSIBILITY 7.1 The responsibility to provide the tax increment fmancing assistance set forth in this Agreement is contingent upon the happening of the following events: A. Approval of the Redeveloper's construction plans by the Stillwater Building Official, the Stillwater Community Development Director and, if required, pursuant to Stillwater Ordinances, the approval of the development plans by the Planning Commission or the City Council. B. The granting by the City to the Redeveloper, or the Redeveloper being entitled to receive, a certificate of completion of the project without any substantial deviation from the plans on file with the City, in the form attached as Exhibit "C". e -4- ,.., flit e C. Execution by the Redeveloper of an Assessment Agreement substantially in the form of assessment agreement contained in Exhibit "B". VIII. GENERAL PROVISIONS 8.1 SUBORDINATION. The City agrees to subordinate its rights under this Agreement to the holder of any first mortgage on the property. 8.2 NOTICES SHALL BE GIVEN BY U.S. MAIL OR PERSONALLY DELIVERED. Any notice to be given by one party to the other party shall be given as follows: In the case of the Redeveloper, to be addressed to or delivered personally at 125 West Fifth Street, Winona, Minnesota 55987-5550, with a copy to the Washington office at 17946 NE 65th Street, Redmond, Washington 98052, and in the case of the City, addressed to or delivered personally to the City Coordinator of the e City, City Hall, 216 North Fourth Street, Stillwater, Minnesota 55082. Each party may, by notice to the other, designate different addresses. IX. EVENTS OF DEFAULT 9.1 The following shall be events of default: A. Failure by the Redeveloper to pay, when due, any real estate taxes and special assessments duly levied by the appropriate taxing jurisdictions in an amount based upon the market value of at least the amounts set forth in the Assessment Agreement. B. Failure to satisfy any condition precedent set forth in Article Vll. of this Agreement. X. REMEDIES ON DEFAULT , e 10. 1 When an event of default occurs and is continuing, the City may take one or more of the following actions after giving 30 days written notice to the Redeveloper, but only if the event of default -5- 1\ .. e has not been cured within 30 days or if the default cannot be cured within 30 days and the Redeveloper does not provide assurances reasonably satisfactory to the City that the event of default will be cured as soon as reasonably possible: A. Suspend its performance under this Agreement until it receives assurances from the Redeveloper that it will cure the default and continue its performance under the Agreement. B. Withhold the Certificate of Completion. C. Withhold any scheduled tax increment payments. D. Terminate this Agreement thereby rendering void any covenants, promises or approvals contained in this Agreement, including the payment of future installments of tax increments . E. Take whatever action, including legal, equitable or administraive necessary to protect the City, including the right of the City to collect any payments due under this Agreement. e XI. REPRESENTATIONS AND WARRANTIES OF THE CITY 11.1 The City is a body corporate and politic organized under the provisions of the constitution and laws of the State and has the power to enter into this Agreement and to carry out its obligations hereunder. 11.2 The Tax Increment Financing District No. 1 is a "redevelopment district" within the meaning of Minnesota Statutes Section 469.174, Subdivision 10 and was created, adopted and approved in accordance with the terms of the Tax Increment Act and is "development district" within the meaning of Minnesota Statutes Sections 469.124 through 469.134. 11.3 The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program and Tax Increment Financing Plan. e -6- u, (* e e e XII. EXPIRATION DATE 12.1 This Agreement shall expire if all conditions precedent to City's responsibility pursuant to this Agreement have not been substantially completed within two (2) years from the effective date of this Agreement, or upon the final payment to the Redeveloper of the scheduled tax increment payments, whichever occurs first. XIII. EFFECTIVE DATE 13.1 This Agreement shall be effective , 1994. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal. The Redeveloper has executed this Agreement the day and year first above written. CITY OF STILLWATER Charles M. Hooley, its Mayor Modi Weldon, its City Clerk REDEVELOPER By Dale Kukowski, Vice-President -7- ~-) ,v STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) e On this _ day of , 1994, before me, a Notary Public within and for said County, appeared Charles M. Hooley and Modi Weldon, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) e On this _ day of , 1994, before me, a Notary Public within and for said County, appeared Dale Kukowski, Vice-President of Lanoga Corporation a Delaware Corporation, to me personally known who, being duly sworn, did say that he is the individual named in the foregoing instrument and that this instrument was signed as his free act and deed. Notary Public This instrument was drafted by: David T. Magnuson #66400 MAGNUSON LAW FIRM The Grand Garage & Gallery 324 South Main Street, Suite 260 P.O. Box 438 Stillwater, MN 55082 (612) 439-9464 e, -8- -, e e e !- EXHmIT "B" ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND LANOGA CORPORATION COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON Drafted by: David T. Magnuson, #66400 MAGNUSON LAW FIRM The Grand Garage & Gallery 324 South Main Street, Suite 260 P.O. Box 438 Stillwater, MN 55082 (612) 439-9464 (4" l-4..~ e e e ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the _ day of , 1994, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), Lanoga Corporation, (the "Redeveloper"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract for Private Redevelopment (the "Redevelopment Contract") for the real property located in the City of Stillwater, hereinafter referred to as the "Redevelopment Property" and legally described in Schedule "A"; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will construct or cause to be constructed a lumber distributing building upon the Redevelopment Property (the "Minimum Improvements"); and WHEREAS, the City and Redeveloper desire to establish a minimum market value for the Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; NOW THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. That the market value of the vacant real estate before any improvements according to the 1994 assessment is $ 2. Upon substantial completion of construction of the above-referenced Minimum Improvements by the Redeveloper, as evidenced by the delivery to the Redeveloper from the City of the Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value which shall be assessed for the Redevelopment Property described in Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be $ . The parties to this Agreement expect that the construction of the Minimum Improvements will be substantially completed on or before December 31, 1995. 2. The minimum market value shall be of no further force and effect and this Agreement shall terminate on the date when the Redevelopment Contract either expires or terminates. 3. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule B hereto. The Redeveloper shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract between the City and the Redeveloper. ....\ "t.1 e 5. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. THE CITY OF STILLWATER, MINNESOTA By: Charles M. Hooley, Its Mayor By: Modi Weldon, Its Clerk REDEVELOPER By: Dale Kukowski, Vice-President STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) e On this _ day of , 1994 before me, a Notary Public within and for said County, personally appeared Charles M. Hooley and Modi Weldon, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the Ci~ of Stillwater, that said instrument was signed on behalf of said City by authority of its Council; and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1994, a Notary Public within and for said County, personally appeared Dale Kukowski, Vice-President of Lanoga Corporation, a Delaware Corporation, to me personally known, who, being duly sworn, did say that he is the Redeveloper, that said instrument was signed on behalf of said Redeveloper acknowledged said instrument to be the free act and deed of the Redeveloper. e Notary Public (,\ i" e e e CERTIFICATION BY COUNTY ASSESSOR The Undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in Schedule "A", hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than $ until termination of this Agreement. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) County Assessor, Washington County , 1994, by The foregoing instrument was acknowledged before me this _ day of , County Assessor of the County of Washington. Notary Public EXHmIT "c" CERTIFICATE OF 'COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment with Lanoga Corporation, a Delaware Corporation, (the "Redeveloper"), dated as , 1994, (the" Agreement) and recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Washington and State of Minnesota, as Document Number , which provided for the development of the following land described in Schedule "A" in the County of Washington and the State of Minnesota, to-wit (such tract or parcel of land hereinafter referred to as the "Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redeveloper have been completed. Dated this _ day of , 1995. THE CITY OF STILL WATER By: Charles M. Hooley, Its Mayor By: Modi Weldon, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of ,1994, before me, a Notary Public within and for said County, personally appeared Charles M. Hooley and Modi Weldon, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that the instrument was signed on behalf of the City of Stillwater, that the instrument was signed on behalf of the City by authority of its Council; and the Mayor and City Clerk acknowledged the instrument to be the free act and deed of the City. Notary Public ..:( l' e . e ., e e e . I I,Ao EXHIBIT "F" SALE AND PURCHASE OF PROPERTY THIS AGREEMENT, made and entered into this _ day of ,1994, by and between NORTHERN STATES POWER COMPANY, with an address of 414 Nicollet Mall, Minneapolis, Minnesota (hereinafter referred to as "Buyer"), and THE CITY OF STILL WATER, with an address of 216 North Fourth Street, Stillwater, Minnesota 55082 (hereinafter referred to as "Seller"). RECITALS WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and convey to Buyer, certain real property, together with all improvements located thereon which are owned by Seller, situated in the City of Stillwater, County of Washington, State of Minnesota, all on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows: 1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement, Seller shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, the land including any and all rights, interests, and appurtenances therein or thereto pertaining (hereinafter referred to as the "Real Property"), described in Exhibit" A". 2. Personal Property Included in the Sale. No items of personal property are included in this sale. 3. Price and Terms. In consideration of the Seller's agreement to sell the Real Property, Buyer agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property the sum of $174,000.00 Dollars payable as follows: A. Earnest money of $100.00 Dollars ($100.00) by check, receipt of which is hereby acknowledged. B. The balance by cash, certified check or wire transfer on the Closing Date. 4. Possession. Buyer shall take possession of the Real Property on the Closing Date. 5. Closing. The closing for the transaction (the "Closing Date") contemplated by this Agreement shall be held not later than ninety (90) days after execution of this Agreement and satisfaction of all contingencies of both Buyer and Seller as set forth in Paragraphs 9 and 10 of this Agreement but in no event any later than December 31, 1995, unless extended by written agreement of the parties. The closing shall take place at the offices of the Seller. 6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the Real Property, free and clear of all defects, liens, and encumbrances, except for the existing contaminants known to Buyer as revealed in the Phase II Environmental Site assessment for the Real Property prepared by ATEC Associates, Inc. on February 4, 1994. . Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer an Abstract of Title or Registered Property Abstract to the Real Property (the" Abstract"), which Abstract shall be properly certified to date, including proper searches covering bankruptcies, state and federal tax liens, unpaid taxes, assessments, and pending assessments. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly qualified to transact business in the State' of Minnesota and acceptable to the Buyer's lender, if any, indicating the Seller's ownership of the Real Property, subject to the exceptions of a standard ATLA form owner's policy, but without further exceptions materially adversely affecting the marketability of title. The commitment shall also include a commitment to endorse the title policy so as to delete any general or standard exceptions (including exceptions for parties in possession, unrecorded instruments, survey matters, and mechanic's liens). If the commitment contains any exceptions which materially and adversely affect the marketability of Seller's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived. Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best efforts to make the title marketable as expeditiously as possible. If such defects are cured within said sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each party shall proceed to perform in accordance with the terms of this Agreement. If such title is not marketable and is not made so within the sixty (60) day period and Buyer does not waive the curing of such defects, Buyer, upon written notice to Seller, may, but is not obligated to, undertake to cure and remove all defects and encumbrances in the title to the Real Property; and Seller agrees to reimburse Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the curing of such objection. If such title is not marketable and cannotbe made marketable within such time periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights of Buyer against Seller. Buyer agrees to accept an Owner's Title Policy in the full amount of the purchase price in lieu of an Abstract of Title if no Abstract of Title is in Seller's possession or control. If Buyer is to receive a policy, the title examination period shall commence upon Buyer's receipt of a current title insurance commitment. On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver the following: A. A Warranty Deed for the Real Property in recordable form and subject to an exception for hazardous substances. B. A Well Certificate; C. An Affidavit of Seller. 7. Real Estate Taxes and Special Assessments. A. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date with the Seller to be responsible for the Closing Date. 2 .Ie. ,. el _ _I j 1 ' . '.,.. e e _ B. Seller shall pay. or release on the Closing Date the installments of special assessments certified for'payment with the real estate taxes due and payable in the year of closing and prior 'years. C. Seller shall payor release on the Closing Date all other special assessments payable with the real estate taxes in future years. D. Seller shall pay on the Closing Date any deferred real estate taxes, payment of which is required as a result of the closing of this sale. E. Buyer shall pay real estate taxes due and payable in the year following the Closing Date and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided for in this agreement. F. Seller warrants that the real estate taxes due and payable in the year 1994 and 1995 will be non-homestead classification. 8. Representation and Warranties of Seller. Seller hereby represents and warrants as follows to Buyer, such representations and warranties to be true and correct on the date thereof, and on the Closing Date, that: A. Seller has the legal power, right and authority to enter into this Agreement and the instruments referred therein, and to consummate the transactions contemplated thereby. B. There are no service contracts, management contracts, or employment contracts pertaining to the Real Property and the improvements . located thereon. C.' To the best of Seller's knowledge, no order or requirement for repair, replacement, or alteration to any improvement, system, or component of the Real Property issued by any governmental authority has been received by Seller, except for notices or knowledge described in Exhibit "B". . D. To the best of Seller's knowledge, there has been no change in any federal, state, or municipal law or ordinance which would make any current use of the Real Property unlawful. E. Seller has paid for all work, supplies, and materials performed upon and supplied to the Real Property through the date of closing. F. To the best of Seller's knowledge, there exists no litigation affecting the Real Property. G. To the best of Seller's knowledge, there is no condemnation proceedings pending with respect to any part of the Real Property. H. No party has an option to purchase all or any part of the Real Property. I. To the best of Seller's knowledge, no action or proceeding instituted against Seller by any tenant of the Real Property is presently pending in any court. 3 J. All information and documents made available and to be made available to Buyer by Seller or its agents to the best of Seller's knowledge are and shall be true, accurate, and complete as of the date given. 9. Buyer's Contin~encies. The obligations of Buyer to consummate the transaction contemplated by this Agreement are subject to the fulfillment not later than thirty (30) days prior to Closing Date as determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by Buyer in writing: A. The title contingencies set forth in Paragraph 6 above, or disclosed in a survey. B. The Buyer obtaining a valid and binding lease with the Seller or Agreement to repurchase assuring the Buyer continued access to the real property for site remediation, on terms satisfactory to the Buyer. 10. Seller's Short Term Contin~encies. The obligations of Seller to consummate the transaction contemplated by this Agreement are subject to fulfillment not later than thirty (30) days after the execution of this Agreement of all of the following conditions, which conditions may only be waived by Seller in writing: A. The Seller has obtained a valid and binding agreement with the present owner of the property to acquire title by trade or purchase. B. The Seller obtaining prior to its _ obtaining title to the real property an Indemnification Agreement from Buyer limiting Seller's liability and indemnifying Seller for costs or damages arising or associated with Buyer's prior use of the real property and completion of the Remediation plan for environmental clean up, in the form set forth as Exhibit" C" , Pages 1 through 5. 11. Long Term Contingency. The obligation of the Seller to consummate the sale contemplated by this Agreement is subject to fulfillment of the following condition. A. .The Seller obtaining title to the property by purchase or trade. 12. Right of Entry. Buyer and its duly authorized agents shall have the right during the period from the date of this Agreement through the Closing Date and thereafter to enter in and upon said Real Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as Buyer shall deem necessary, but all without expense to Seller. ' 13. Maintenance and Operation Prior to Closing. Pending the closing, the operation and management of the Real Property will be conducted in the ordinary course and will be maintained in its present condition, save for normal- wear and tear, and will not be encumbered. 14. Remedies. If Buyer or Seller cancels this Agreement due to the fact that conditions precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller, including any accrued interest, shall be refunded forthwith to Buyer and neither Seller nor Buyer shall be liable for any damages hereunder to the other. 4 I ...... e e _ , . e _ e , ), .. 15. Disclosure. No representative or warranty by Seller in thi.s Agreement, nor any statement or document furnished by Seller pursuant hereto, or in connection- with the transactions contemplated hereby, contains or will contain any untrue information, or omits or will omit to state information necessary to make the information contained therein not misleading. 16. Broker. Seller and Buyer each represent and warrant to the other that there is no obligation to pay any commission, finders fee or similar charging in connection with the transaction provided for herein. Seller and Buyer agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any brokerage fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and to pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party (including reasonable attorneys' fees) or in enforcing such right to indemnification. 17. Survival of all Terms. All representations, warranties, and agreements contained in this Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto shall be bound accordingly. 18. Notices. Notices required herein shall be in writing and delivered personally or mailed certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this Agreement, and if mailed, are effective as of the date of mailing. 19. Governing Law. , This Agreement shall; be governed by the .laws of the State of Minnesota. BUYER: NORTHERN STATES POWER COMPANY By: Its SELLER: THE CITY OF STILLWATER By: Charles M. Hooley, Its Mayor By: Modi Weldon, Its Clerk 5 This instrument was drafted by: David T. Magnuson Magnuson Law Firm 324 South Main Street, #260 P.O. Box 438 Stillwater, MN 55082 6 , \ \, . ' e _ e -." . 7 '.J . I" '".',; <r e t' e e EXHIBIT "G" SALE AND PURCHASE OF PROPERTY THIS AGREEMENT, made and entered into this 30th day of September ,1994, by and between ST. CROIX CATERING, INC., a Minnesota Corporation with an address of p .0. Box 146, Stillwater, MN 55082 , (hereinafter referred to as "Buyer"), and the CITY OF STil.LWATER, a Municipal Corporation, with an address of 216 North Second Street, Stillwater, Minnesota 55082 (hereinafter referred to as "Seller").. , RECITALS WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and convey to Buyer, certain real property, together with all improvements located thereon which are owned by Seller, situated in the City of Stillwater, County of Washington, State of Minnesota, all on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows: 1. Sale and Purchase of Pro 0 ertv . Subject to the terms and conditions of this Agreement, Seller shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, certain real property described on Exhibit" A", and all improvements, rights, interests, and appurtenance therein or thereto pertaining (hereinafter referred to as the "Real Property"). 2. Personal PropertY and Fixtures Included in the Sale. No items of personal property or fixtures are included in this sale, however ,all fixtures remaining on the property at closing will become the property of the Buyer. 3. Price and Tenns. In consideration oithe Seller's agreement to sell the Real Property, Buyer agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property and Personal Property the sum of Two Thousand Thirty Dollars ($230,000.00) payable as follows: A. Earnest money of One Hundred Dollars ($100.00) by check, receipt of which is hereby acknowledged. B. The balance at closing by cash. 4. Possession. Buyer shall take possession of the Real Property on the Closing Date. 5. Closin'l. The closing for the transaction (the "Closing Date") contemplated by this Agreement shall be held not later than ninety (90) days after execution of this agreement and satisfaction of all contingencies of both Buyer and Seller as set forth in Paragraphs 9 and 10 of this Agreement by in no event any later than December 31, 1995, unless extended by written agreement of the parties. The closing shall take place at the offices of the City. 1 .," e e e ,'.j " , ,!, 6. Marketable Title. Seller will have as of the Closing Date good and marketable- title to the Real Property, free and clear of all defects, liens, and encumbrances. Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer and Abstract of Title or Registered Property Abstract to the Real Property (the "Abstract"), which Abstract shall be properly certified to date, including proper searches covering bankruptcies, state and federal tax liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the cost of obtaining said Abstract. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly qualified to transact business in the State of Minnesota and acceptable to the Buyer's lender, if any, indicating the Seller's ownership of the Real Property, subject to the exceptions of a standard AnA form owner's policy, but without further exceptions materially adversely affecting the marketability of title. If the commitment contains any exceptions which materially and adversely affect the marketability of SeUer's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived. Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best effortS to make the title marketable as expeditiously as possible. If such defects are cured within said sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each party shall proceed to perform in accordance with the terms of this Agreement. ,If such title is not marketable and is not made so within the sixty (60) day period and Buyer does not 'waive the Curing of such defects, Buyer, upon written notice to Seller, may, but is not obligated to) undertake to cure and remove all defects and encumbrances in the title to the Real Prop~rty; and Seller agrees to reimburse Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the " curing of such objection. If such title is not marketable and cannot be made marketable within such time periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights of Buyer against Seller. On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver the following: A. A Warranty Deed for the Real Property in recordable form, subject to the standard A TLA exceptions; B. A Well Certificate; C. An. Affidavit of Seller. 7. Real Estate Taxes and Soecial Assessments. A. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date with the Seller to be responsible for the Closing Date. B. Seller shall payor release on the Closing Date the installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing and prior years. 2 , . .' ,. . e c. Seller shall payor release on the Closing Date all other pending special assessments payable with the real estate taxes in future years, that relate to work done prior to the date of this Agreement. D. Buyer shall pay real estate taxes due and payable in the year following the Closing Date and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided for in this agreement. E. Seller warrants that the real estate taxes due and payable, in the year 1994 will be non- homestead classification. 8. Reoresentation and Warranties of Seller. Seller hereby represents and warrants as follows to Buyer, such representations and warranties to be true and correct on the date thereof, and on the Cosing Date, that: ' I A. ' There are no service contracts, management contracts, or employment contracts pertaining to the Real Property and the improvements located thereon. B. To the best of Seller's knowledge, no order or requirement for repair, replacement, or alteration to any improvement, system, or component of the Real Property issued by any governmental authority has been received by Seller. To the best of Seller's knowledge, there has been no change in any federal, state, or municipal law or ordinance which would make ,any current use of the Real Property unlawful. Seller has paid for all work, supplies, and materials performed upon and supplied to the Real Property through the date of closing. To the best of Seller's knowledge, there exists no litigation affecting the Real Property. To the best of Seller's knowledge, there is no condemnation proceedings pending with respect to any part of the Real Property. No party has an option to purchase all or any part of the Real Property. To the best of Seller's knowledge, no action or proceeding instituted against Seller by any tenant of the Real Property is presently pending in any court. All information and documents made available and to be made available to Buyer by Seller or its agents to the best of Seller's knowledge are and shall be trUe, accurate, and complete as of the date given. 9. Buver's Contin~encies. The obligations of Buyer to consummate the tranSaction contemplated by this Agreement are subject to the fulfillment not later than thirty (30) days prior to Closing Date as determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by Buyer in writing: Ie .' J ! . .~ . ... " e A. The title contingencies set forth in P~araph 6 above, or disclosed in the surveyor environmental report. 10. Seller's Short Tenn Continiencies. The obligations of Seller to consummate the transaction contemplated by this Agreement are subject to fulfillment not later than thirty (30) days after the execution of this Agreement of the following conditions, which conditions may only be waived by Seller in writing: A. The Seller has obtained a valid and binding agreement with the present Owners of the property to acquire title by trade or purchase. B. The Buyer has provided to the Seller evidence that it has obtained sufficient financing for the purchase of the Real Property. 11. Seller's Lonsz Term Contin~encies. The obligation of the Seller to consummate sale contemplated by this Agreement is subject to fulfillment of the following conditions: A. The Seller obtaining title to the property by purchase or trade, free and clear of claims or liens or other encumbrances. e 12. Rig-he of Entry. Buyer and its duly authorized agents shall have the right during the period from the date of this Agreement through the Closing Date and thereafter to enter in and upon the Real Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as Buyer shall deem necessary, but all without expense to Seller. 13. Maintenance and Operation Prior to Closinsz. Pending the closing, the operation and management of the Real Property will be conducted in the ordinary course and will be maintained in its present condition, save for normal wear and tear, and will not be encumbered. 14. Remedies. If Buyer or Seller cancels this Agreement due to the fact that conditions precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller, including any accrued interest, shall be refunded forthwith to Buyer and neither Seller nor Buyer shall be liable for any damages hereunder to the other. 15. Disclosure. No representative or warranty by Seller in this Agreement, nor any statement or document furnished by Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue information, or omits or will omit to state information necessary to make the information contained therein not misleading. I 16. lU:QIw:. Seller and Buyer each represent and warrant to the other that there is no obligation to pay any commission, finders fee or similar charging in connection with the transaction provided for herein. e. 17. Survival of all Tenns. All representations, warranties, and agreements contained in this Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto shall 4 '. . I .., , . . . e be bound accordingly. 18. Notices. Notices required herein shall be in writing and delivered personally or mailed certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this Agreement, and if mailed, are effective as of the date of mailing. 19. Governimz Law. This Agreement shall be governed by the laws of the State of Minnesota. BUYER: rated: September 30, 1994 SELLER: THE CITY OF STTI..L WATER .e By: Charles M. Hooley, Mayor By: Modi Weldon, City Clerk This instrument was drafted by: David T. Magnuson Magnuson Law FIIDl 324 South Main Street, #260 P.O. Box 438 Stillwater, MN 55082 tit 5 I '~ ') .( EXHmIT "H" e SALE AND PURCHASE OF PROPERTY THIS AGREEMENT, made and entered into this _ day of ,1994, by and between THE CITY OF STILLWATER, with an address of 214 North Fourth Street, Washington County, Minnesota 55082 (hereinafter referred to as "Buyer"), and BILL J. PAULEY AND VIOLET E. KERN with an address of 4570 Northbrook Blvd. North, Stillwater, Minnesota 55082 (hereinafter referred to as "Seller"). RECITALS WHEREAS, Buyer desires to purchase and accept from Seller, and Seller desires to sell and convey to Buyer, certain real property, together with all improvements located thereon which are owned by Seller, situated in the City of Stillwater, County of Washington, State of Minnesota, all on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the terms, covenants, warranties, and conditions hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows: 1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement, Seller shall sell, transfer and assign and deliver to Buyer on the Closing Date, as such date is hereinafter defined, and Buyer agrees to purchase and accept from Seller on the Closing Date, certain real property described in the attached Exhibit" A ", and all improvements, rights, interests, and appurtenance therein e or thereto pertaining (hereinafter referred to as the "Real Property"). 2. Personal Property and Fixtures Included in the Sale. No items of personal property or fixtures are included in this sale, since the real property is vacant land. 3. Price and Terms. In consideration of the Seller's agreement to sell the Real Property, Buyer agrees to pay to Seller as the full purchase price (the "Purchase Price") for the Real Property and Personal Property the sum of Two Hundred Fifty Nine Thousand Five Hundred Dollars ($259,500) payable as follows: A. 'Ecu-nest money of One Hundred Dollars, ($100.00) by check, receipt of which is hereby acknowledged. B. The balance at closing by cash, or, at the option of the Buyer, the Buyer may provide the Buyer's note for the Purchase Price, payable upon the Closing of the transactions contemplated by an Exchange Agreement between the City and Lanoga Corporation ("UBC") and between the City and Northern States Power Company and between the City and St. Croix Catering, Inc., the note to bear interest at the rate of six (6) percent simple interest per annum from and after March 15, 1995. 4. Possession. Buyer shall take possession of the Real Property on the Closing Date. 5. Closinl!:. The closing for the transaction (the "Closing Date") contemplated by this Agreement e 1 shall be held not later than ninety (90) days after execution of this Agreement and satisfaction of all contingencies of both Buyer and Seller as set forth in Paragraph 9 of this Agreement by in no event any a later than December 31, 1995, unless extended by written agreement of the parties. The closing shall . take place at the offices of the City. 6. Marketable Title. Seller will have as of the Closing Date good and marketable title to the Real Property, free and clear of all defects, liens, and encumbrances. Not later than forty-five (45) days prior to the Closing Date, Seller shall deliver to Buyer and Abstract of Title or Registered Property Abstract to the Real Property (the "Abstract"), which Abstract shall be properly certified to date, including proper searches covering bankruptcies, state and federal tax liens, unpaid taxes, assessments, and pending assessments. Seller shall pay the cost of obtaining said Abstract. Buyer shall be allowed twenty (20) days after the receipt of such Abstract to cause to have issued a commitment for an owner's policy of title insurance, issued by a title insurance company duly qualified to transact business in the State of Minnesota and acceptable to the Buyer's lender, if any, indicating the Seller's ownership of the Real Property, subject to the exceptions of a standard A TLA form owner's policy, but without further exceptions materially adversely affecting the marketability of title. If the commitment contains any exceptions which materially and adversely affect the marketability of Seller's title, Buyer shall make written objections to said exceptions to Seller, such objections to be made within ten (10) days of delivery of the commitment or the same shall be deemed to have been waived. Seller shall be allowed sixty (60) days thereafter to make such title marketable. Seller shall use its best efforts to make the title marketable as expeditiously as possible. If such defects are cured within said sixty (60) day period, Buyer shall be notified in writing of the curing of such defects, in which case each party shall proceed to perform in accordance with the terms of this Agreement. If such title is not marketable and is not made so within the sixty (60) day period and Buyer does not waive the curing of such defects, Buyer, upon written notice to Seller, may, but is not obligated to, undertake to cure and e remove all defects and encumbrances in the title to the Real Property; and Seller agrees to reimburse Buyer, upon demand, for all of its costs, expenses and attorney's fees incurred in connection with the curing of such objection. If such title is not marketable and cannot be made marketable within such time periods, this Agreement shall be voidable at Buyer's option, and all money paid by Buyer shall be refunded forthwith to Buyer, but such refund shall not waive, release or alter any other claims or rights of Buyer against Seller. On the Closing Date, Seller shall execute and, where appropriate, acknowledge and/or deliver the following: A. A Warranty Deed for the Real Property in recordable form, subject to the standard A TLA exceptions; B. A Well Certificate; C. An Affidavit of Seller. 7. Real Estate Taxes and Special Assessments. A. Seller shall pay real estate taxes payable in 1994 and the Buyer shall pay real estate taxes payable in 1995 and thereafter. 2 e e e : e . " . B. Seller shall pay on the Closing Date the installments of special assessments certified for payment with the real estate taxes du.e and payable in the year of closing and prior years, except that Buyer shall pay the interest that accrues on any special assessment that accrues after January 1, 1995. C. Seller shall pay on the Closing Date all other special assessments payable with the real estate taxes in future years, except for interest that accrues on these amounts after January 1, 1995. D. Seller shall pay on the Closing Date any deferred real estate taxes, payment of which is required as a result of the closing of this sale. E. Buyer shall pay real estate taxes due and payable in the year following the Closing Date and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided for in this agreement. F. Seller warrants that the real estate taxes due and payable in the year 1994 and 1995 will be non-homestead classification. 8. Representation and Warranties of Seller. Seller hereby represents and warrants as follows to Buyer, such representations and warranties to be true and correct on the date thereof, and on the Closing Date, that: A. There are no service contracts, management contracts, or employment contracts pertaining to the Real Property and the improvements located thereon. B. To the best of Seller's knowledge, no order or requirement for repair, replacement, or alteration to any improvement, system, or component of the Real Property issued by any governmental authority has been received by Seller. C. To the best of Seller's knowledge, there has been no change in any federal, state, or municipal law or ordinance which would make any current use of the Real Property unlawful. D. Seller has paid for all work, supplies, and materials performed upon and supplied to the Real Property through the date of closing. E. To the best of Seller's knowledge, there exists no litigation affecting the Real Property. F. To the best of Seller's knowledge, there is no condemnation proceedings pending with respect to any part of the Real Property. G. No other party has an option to purchase all or any part of the Real Property. H. To the best of Seller's knowledge, no action or proceeding instituted against Seller by any tenant of the Real Property is presently pending in any court. I. All information and documents made available and to be made available to Buyer by 3 Seller or its agents to the best of Seller's knowledge are and shall be true, accurate, and complete as of the date given. e 9. Buyer's Continl!encies. The obligations of Buyer to consummate the transaction contemplated by this Agreement are subject to the fulfillment not later than thirty (30) days prior to Closing Date as determined in Paragraph 5, of all of the following conditions, which conditions may only be waived by Buyer in writing: A. The title contingencies set forth in Paragraph 6 above, or disclosed in the surveyor environmental report. B. Buyer obtaining financing to consummate the purchase. C. Buyer has obtained a valid and binding agreement for Municipal Industrial Development with Lanoga Corporation, a Delaware Corporation providing for the City to construct on the Real Property a lumber distributing facility for trade to the Lanoga Corporation (UBC) along with adequate assurances of performance by UBC. D. Buyer has obtained a valid and binding agreement for the resale of property to be traded to the City for the Real Property, to Northern States Power Company for the yard site and St. Croix Catering for the office and warehouse site, along with adequate assurances of performance. 10. Ril!ht of Entry. Buyer and its duly authorized agents shall have the right during the period from the date of this Agreement through the Closing Date and thereafter to enter in and upon said Real Property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as Buyer shall deem necessary, but all without expense to Seller. e 11. Maintenance and Oueration Prior to Closing. Pending the closing, the operation and management of the Real Property will be conducted in the ordinary course and will be maintained in its present condition, save for normal wear and tear, and will not be encumbered. 12. Remedies. If Buyer or Seller cancels this Agreement due to the fact that conditions precedent to closing or any of them have not been satisfied, all payments made by Buyer to Seller, including any accrued interest, shall be refunded forthwith to Buyer and neither Seller nor Buyer shall be liable for any damages hereunder to the other. 13. Disclosure. No representative or warranty by Seller in this Agreement, nor any statement or document furnished by Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue information, or omits or will omit to state information necessary to make the information contained therein not misleading. 14. Broker. Seller and Buyer each represent and warrant to the other that there is no obligation to pay ariy commission, finders fee or similar charging in connection with the transaction provided for herein. 15. Survival of all Terms. All representations, warranties, and agreements contained in this Agreement shall survive the Closing Date and shall remain independently enforceable and shall not be 4 _ e e e " t: merged into any instruments of conveyance delivered on the Closing Date, and the parties hereto 'shall be bound accordingly. . . 16. Notices. Notices required herein shall be in writing and delivered personally or mailed certified mail, return receipt requested, postage prepaid to the address as shown in the heading of this Agreement, and if mailed, are effective as of the date of mailing. 17. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. BUYER: THE CITY OF STILLWATER By: Charles M. Hooley, Its Mayor By: Morli Weldon, Its Clerk SELLER: By: Bill J. Pauley, a married man By: Sharon Pauley, his wife By: Violet E. Kern, a widow This instrument was drafted by: David T. Magnuson Magnuson Law Firm 324 South Main Street, #260 P.O. Box, 438 Stillwater, MN 55082 5 e e Ie .. BRUCE A. FOLZ & ASSOCIA TES LAND SURVEYING . LAND PLANNING 1815 NORTHWESTERN AVE. · STILLWATER, MINNESOTA 55082 . (612) 439-8833 September 4, 1992 LAND DESCRIPTION FOR BILL PAULEY PARCEL 2 That part of the North 386.60 feet of the South 731.48 feet of Outlot A of STILLWATER INDUSTRIAL PARK, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, as measured at a right angle to the south and west lines thereof, containing 152,467 square feet~ more or less. ~.. ""'''''1':'1''' ~_ "__ . --- -- --.,.----. --------.~ , / .I I / \( '-.---' Exhibit "A" Page 1 of 2 \ ~ : ('n \' I \" ~ . " I~ I~ ~ IV)" ~ ~I I f---- I I I I , I I I L " .,__J :'::45.17 \ ,j,. ... < . e '1-73. ~ 6-eq' '2.5 2.'1" E 123,339 $q, ft. 2.83 a.cres I~ :3 :i8r.diO 131.48 320.17 ' rveR" U:2-~"W "J p~, . /3111- 102.210 sq. ft. 2,35 o.cres 152.467 sq, ft, ~ 3,50 uO'E5 .& I .f? ell " ^. ., ^/ ~: -"1 - 6) ,/ ~ ~ / '00- j N . -..: ~ / ~ ,/tv '" I .~ ~/ q, ~I '1 :::j / ~ ~I e e Exhibit "A" Page 2 of 2 " ~ e e e .' EXHIBIT "I" AlA Document B801/CJ!a Standard Form of Agreement Between Owner and Construction Manager ll'here tbe Construction Manager is NOT a Constructor 1992 EDITION THIS DOCU,HENT HAS IMPORTANT LEGAL CONSEQUE.VCES: CONSCLTATlON WITH AX ATTORNEY IS ENCOL'RAGED \HTH RESPECT TO ITS CO.\!PLETION OR ,HODIFlCAT/ON Tbis document is intended to be lIsed ill col/jul/ctiol/ leitb tbe 1992 editions of AlA Documents B141/C,Ha. AmI/C.lIa al/d A201/C.llct, AGREEMENT made as of the day of in the year of (/11 ,,'ortls.iudicate tI".1: 1I1oUlb lIlId year) BETWEEN the Owner: City of Stillwater 216 N. 4 th St. Stillwater, MN 55082 (StOIlf! "lid address) and the Construction Manager: (Same aud ,uldres:;) George W. Olsen Construction Co., Inc. P. o. Box 20 Stillwater, MN 55082 for the following Project: Construction of a United Building Center ("UBC") store (llIdude de/ili/ed descriptioll of Project, [oetllioll, tlddress tllld swpe.) located in the Industrial Park of the City of stillwater, pursuant to an agreement for exchange of real property and municipal and industrial development by and between the City of stillwater, Washington County, MN and Lanoga Corporation, a Delaware corporation, 125 W. 5th str., Winona, MN 55987-5550 and 17946 NE 65th str., Redmond, WA 98052. The Architect is: (Ntlme alld tlddress) The Owner and Construction Manager agree as set forth below. ... Copyright I'F,\, 1980. @1992 hy The American Institute ofArchitccts, I-.\~ Ncw York Avenuc. N,W.. Washington, D,C. 2oo06-~292. Reproduction ofthc material herein or substantial qumation of its proVisions without writtcn pcrmission of ehc ,~IA violatcs thc copyright laws of thc ,'nilcd SlatCS ,and will suhject thc \'iol'll<lr (() legal prosccution, '. AlA DOCUMENT B801/CMa . OW:'-lER.CONSTRl'CTION ~IA:'-lAGER A(;REEMENT . 1<)<)2 EDITION. AlA" . @]l)<.)2 . TilE A~IERICAN INSTITl'TE OF ARCIIlTEL'TS, I-,~~ :'-iE\X' YORK .\\'E:'-ll'E, :'>l.w. \X'ASIII:'-l(;TON, 0,<:" 2()oo(,,~291 . WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. B801/CMa-1992 1 4, \, : TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER e ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES 1.1 CONSTRUCTION MANAGER'S SERVICES 1.1.1 The Construction Manager's services consist of those services performed by the Construction ~lanager, Construc- tion i\lanager's employees and Construction Manager's con- sultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14, 1.1.2 The Construction ~lanager's services shall be provided in conjunction with the services of an Architect as described in the edition of AlA Document BI411Cy!a, Standard Form of Agreement Between Owner and Architect, Construction Manager-Adviser Edition, current as of the date of this Agreement. 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and eco- nomical manner consistent with the interests of the Owner. 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 13,5.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Construction Manager's Basic Services consist of those described in Paragraphs 2.2 and 2,3 and any other ser- vices identified in Article 14 as part of Basic Services, 2.2 PRE-CONSTRUCTION PHASE 2.2.1 The Construction Manager shall review the program fur- nished by the Owner to ascertain the requirements of the Proj- ect and shall arrive at a mutual understanding of such require- ments with the Owner. 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construc- tion budget requirements, each in terms of the other, 2.2.3 Based on early schematic designs and other design cri- teria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for pro- gram requirements using area, volume or similar conceptual estimating techniques. The Construction ~lanager shall pro- vide cost evaluations of alternative materials and systems. 2.2.4 The Construction Manager shall expeditiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and equipment, and methods of Project delivery. The Construction Manager shall provide recom- mendations on relative feasibility of construction methods, availability of materials and labor, time requireIpents for pro- curement, installation and construction. and f:tctors related to construction cost including, but not limited to, costs of altern:ttive designs or m:tterials, preliminary budgets, and pos- sible economies, 2.2.5 The Construction i\!anager shall prepare and period- ically upd:tte a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the pre- liminary project schedule rel:tting to the performance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, high- lighting critical and long-le:td-time items. 2.2.6 As the Architect progresses with the preparation of the Schem:ttic, Design Development and Construction Docu- ments, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construe. tion Manager and Architect, estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with supporting detail. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall ad- vise the Owner and Architect if it appears that the Construc- tion Cost may exceed the latest approved Project budget and make recommendations for corrective action. e 2.2.7 The Construction Manager shall consult with the Owner and Architect regarding the Construction Docu- ments and make recommendations whenever design details adversely affect constructibility, cost or schedules. 2.2.8 The Construction Manager shall provide recommen- dations and information to the Owner and Architect regard- ing the assignment of responsibilities for temporary Project facilities and equipment, materials and services for com- mon use of the Contractors. The Construction Manager shall verify that such requirements and assignment of respon- sibilities are included in the proposed Contract Documents, 2.2.9 The Construction Manager shall provide recom- mendations and information to the Owner regarding the allocation of responsibilities for safety programs among the ContractOrs, 2.2.10 The Construction Manager shall advise on the divi- sion of the Project into individual Contracts for various categories of Work, including the method to be used for selecting Contractors and awarding Contracts, If multiple Con- tracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommen- dations as required to provide that (I) the Work of the Con- tractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction, ... 2.2.11 The Construction Manager shall prepare a Project con- struction schedule providing for the components of the Work, including phasing of construction, times of commencement e AlA DOCUMENT B801/CMa . OWNER-CONSTRl'CTION MANAGER AGREEMENT. 1992 EDITION. AlA'" . @1992 . THE AMERICAN INSTITUTE OF ARCHITECTS. 17.35 NEW YORK AVE!'Il!E, N.w" WASHINGTON. D,C, 20006.5292 . WARNING: Unlicensed photocopying violates US, copyright laws and will subject the violator to legal prosecution. B801/CMa-1992 2 ", - . ~ .. 2.3.11.1 BJsed on the Construction l'v!Jnager's observations and eVJluJtions of each Contractor's Application for Pay~ent, the Construction ~!JnJger shall review Jnd certify the.Jmounts due the respective Contractors, 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the ContrJctors' Certificates for Payment, 2.3.11.3 The Construction :'v1anager's certification for payment shJll constitute J representJtion to the Owner. bJsed on the Construction ManJger's determinJtions at the site JS pro- vided in SubpJrJgrJph 2,.3.1.3 and on the dJta comprising the Contractors' ApplicJtions for Payment. thJt. to the best of the Construction Manager's knowledge, information and belief. the Work has progressed to the point indicated and the quality of the \X'ork is in accordance with the Contract Documents, The foregoing representations are subject to an eVJluation of the Work for conformance 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 Jnd to specific qUJlificJtions expressed by the Construction Manager, The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified, 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction ~IJnJger has (I) made exhausth'e or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means'. methods, techniques, sequences for the Contractor's own Work. or procedures, (3) revie\ved copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to subst:lntiate 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. 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors for pur- poses of coordinating the safety programs with those of the other Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control (}\'er or charge of ,the acts or omissions of the Con- tractors, Subcontractors, Jgents or employees of the Con- tractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. 2.3.13 The Construction Manager shJlI determine in gen- eral that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficien- cies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or com- pleted, The Construction Manager, in consultation with the Architect. may reject Work which does not conform to the requirements of the Contract Documents, 2.3.14 The Construction Manager shall schedule and coor. dinate the sequence of construction in accordance with the Contract Documents and the latest approved Project con- struction schedule. e e e 2.3.15 With respect to each Contractor's own Work. the Con- struction Manager shall not have control over or charge of and shall not be responsible for construction means, meth- ods, techniques, sequences or procedures, or !()r safety precautions and programs in connection with the Work of each of the Contractors, since these arc solely the Contrac- tor's responsibility under the Contract for Construction, The Construction Manager shall not be responsible for a Contrac- tor's fJilure to carry out the \X'ork in Jccordance with the respective Contract Documents, The Construction Manager shall not have control (wer or charge of acts or omissions of the Contractors. Subcontractors. or their agents or employees. or any other persons performing portions of the Work not directly employed by the Construction M:lI1ager. 2.3.16 The Construction ManJger shall transmit to the Archi- tect requests for interpretations of the meaning and intent of the Drawings and Specifications, and Jssist in the resolution of questions that may arise, 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and. if they are accepted, prepare Change Orders :lI1d Construction Change Directives which incorporate the Architect's modifi- cations to the Documents, 2.3.18 The Construction l\lanager shall assist the Architect in the review. evaluation and documentation of Claims. 2.3.19 The Construction :VI:mager shall receh'e certificates of insurance from the Contractors and forwJrd them to the Owner with a copy to the Architect. 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expe- l!iting the processing and approval of Shop Drawings, Prod- uct Data. Samples and other submittals, The Construction Manager shall review all Shop Drawings, Product Data, Sam- ples and other submittals from the Contractors, The Construc- tion Manager shall coordinate submittJls with information contained in related documents and transmit to the Archi- tect those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Contractors, 2.3.21 The Construction ivlanager shall record the progress of the Project. The Construction i\1:lI1ager shall submit writ- ten progress reports to the Owner and Architect including in- formation on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of com- pletion, The Construction Manager shall keep a daily log con- (;lining a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar rele- vant data as the Owner may require. 2.3.22 The Construction Manager shall maintain at the Proj- ect site for the Owner one record copy of all Contracts, Draw- ings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings. Product Da(;l, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualifie(]tsurveyor or profes- sional engineer, The Construction Manager shall make all such records available to the Architect and upon completion of the Project shall deliver them to the Owner, AlA DOCUMENT B801/CMa . OWNER.CONSTRl'l.'TION MANAGER AGREHIENT . 1'.>'.>2 EDITION. AlA" . @1'.>'.>2 . THE AMERICAN INSTITLTE 01' ARCHITECTS. l~,~~ NEW YORK AVE:-ll'E, N.w" WASHINGTON, D,C. 2(N)f)().~2'.>2 . WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, B801/CMa-1992 4 Document BI41/CMa, Standard Form of Agreement Between Owner and Architect, Construction Manager-Adviser Edition, current as of the date of this Agreement, The Terms and Con- ditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager. which consent shall not be unreasonably withheld, Thl: Construction Manager shall not bl: responsible for actions taken by thl: Architect, 4.6 The Ownl:r shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, 4.7 The Owner shall furnish all legal. accounting and insur- ance counseling services as may be necessary at any time for the Project. including auditing services the Owner may re- uire to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner, 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents, '4.9 The services, information and reports required by Para- graphs -1,5 through 4.8 shall be furnished at the Owner's expense. and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents, 4.11 The Owner reserves the right to perform construction and opl:rations related to the Project with the Owner's own forces, and to award contracts in connection with the Proj- ect which are not part of the Construction Manager's respon- sibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agree- ment. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors, 4.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Construction Man- ager's services and the progress of the Work, ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specined by the Architect. 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 pro- vided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reason- able allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Subparagraph ,- .. . . .. 5,1.3, Construction Cost shall also include the compensa- tion of the Construction Manager and Construction Man- ager's consultants, e 5.1.3 Construction Cost does not include the compensa- tion of the Architect and Architect's consult:lI1ts, costs of the land. rights-of-way, financing or other costs which are the responsibility, of the Owner as provided in Article 4. If am' portion of the Construction ~Ianager's compensation is based upon a percentage of Construction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager's consultants, 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, prelimi- nary estimates of Construction COSt and detailed estimates of Construction Cost prepared by the Construction Manager represent the Construction Manager's best judgment as a per- son or entity familiar with the construction industry, It is recognized, however, that neither the Construction M;nager nor the Owner has control over the cost of labor. materials or equipment, over ContrJctors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions, Accordingly, the Construction ~Ianager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction ~Ianager. 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 unless such fixed limit has been agreed upon in writing and signed by the parties hereto, If such a fixed limit has been established, the Con- struction Manager shall be permitted to include contin- gencies for design, bidding and price escalation, and shall con- sult with the Architect to determine what materials, equip- ment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclu- sion of alternate bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of any increase in the Co~- tract Sums occurring after execution of the Contracts for Construction. e 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construc- tion 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 Owner and the date on which proposals are sought, 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Con- struction Manager's estimate of other elements of Construc- tion Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegm.iating of the Proj- ect within a reasonable time: .3 if the Project is abandoned, terminate in accordance with Paragraph 9.3; or e AlA DOCUMENT B8011CMa . OWNER-CONSTRl.'CfION MANAGER AGREEMENT. 1992 EDITION . AIA~ . @1992 . THE AMERICAN INSTITL'TE 01' ARCllITELlS, l-.H NEW YORK AYENt'E. N,W.. WASHINGTON. D,C, 20006-'i292 . WARNING: Unlicensed ",.,,',,,,~.,., r",.,. ""I',::'I',~, II ~" ""I'"Mr'I~,.1',,"'" ",,"1 will subiect the violator to lecal"rosecutlon. 8801/CMa-1992 6 , . . Construction Manager within seven days of the date of the notice, the suspension shall take effect without further notice, In the event of a suspension of services, the Construction ~Ianager shall have no liahility to the Owner for delay or damage caused to the O\\'ner hecause of such suspension of services, e 9.6 In the event of termination not the fault of the Construc- tion Manager. the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Ex- penses as defined in Paragraph <),"7, 9.7 Termination Expenses are those costs directly attribut- able to termination for which the Construction Manager is not otherwise compensated, ARTICLE 10 MISCELLANEOUS PROVISIONS e 10.1 l'nless otherwise provided. this Agreement shall be governed by the law of the place where the Project is located, 10.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A201/CMa. General Conditions of the Contract for Construction. Construction Manager-Adviser Edition. current as of the date of this Agreement, 10.3 Causes ~)f action between the parties to this Agree- ment pertaining to acts or failures to act shall be deemed to have accrued and the applic:lble statutes of limitations shall commence to run not later than either the d:lte of Substanti:ll Completion for acts or failures to act occurring prior to Substantial Completion. or the date of issuance of the tlnal Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.4 Waivers of Subrogation. The O\\'ner and Construction ~Ianager waive all rights against each other and against the Contractors, Architect. consultants. agents and employees of any of them. for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurJnce as set forth in the edition of AlA Document A201/C~la, General Condi- tions of the ContrJct for Construction, Construction Manager- Adviser Edition. current :lS of the date of this Agreement, The Owner and Construction Manager e:lch shall require similar waivers from their Contr:lctors, Architect, consultants, :lgents. and persons or entities awarded separate contracts adminis- tered under the Owner's own forces, e 10.5 The Owner and Construction ~lanager, respectively. bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and leg:ll representatives of such other party with respect to all covenants of this Agree- ment. Neither Owner nor Construction ~Ianager shall assign this Agreement without the written consent of the other, * 11~.~fi1 Agreement represents the entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Con- struction :Vlanager. 10.7 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. * 10.7.1 10.8 Cnless otherwise providelt in this Agreement, the Con- struction M:lnager and the Construction Manager's consultants shall have no responsihility for the discovery. presence, han- dling. removal or disposal of or exposure of persons to hazar- dous materials in any form at the Project site. including but not limited to asbestos, asbestos products. polychlorinated biphenyl (PCB) or other toxic substances, ARTICLE 11 INSURANCE 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE 11.1.1 The Construction Manager shall purchase from ;md m:lintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Construction M;mager from claims set forth below which m:lY arise out of or result from the Construction ~bnager's operations under this Agreement and for which the Construction M:lnager may be legally liable. .1 cl;\ims under workers compensation, disability benefit and other similar employee benefit acts which are applic:lble to the operations to be performed: .2 claims for dam:lges because of bodily injury, occu- pational sickness or disease, or death of the Con- struction Manager's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; .4 claims for damages insured by usual personal injury li:lbility coverage which are sustained (I) by a per- son as a result of an offense directlv or indirectlv related to employment of such pers~n by the Co~- struction Manager, or (2) by :lnother person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; ,6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, m;\intenance or use ofa motor vehicle, 11.1.2 The insurance required by Subpar:lgraph 11.1.1 shall be written for not less than limits of liability specified in Arti- cle 14 or required by law, whichever coverage is greater. Coverages, whether writ{en on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of operations under this Agreement until date of final payment and termination of any coverage required to be maintained after fin:ll payment. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 12.1 DIRECT PERSONNEL EXPENSE 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager's pt?'rsonnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other st:ltlllory employee bene- AlA DOCUMENT B801/CMa . OWNER.CONSTRl'L1ION MANAGER AGREEMENT. 1992 EDITION. AI""" . @\\l92 . THE AMERICAN INSTITl'TE OF ARClflTEC-'-S. r:-,~s NEW YORK A\'ENl'E. lIl,W.. WASHINGTON, D,C, 20IH)6-S292 . WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution, B801/CMa-1992 8 >>, ARTICLE 13 BASIS OF COMPENSATION . The Owner shall compensate the Construction Manager as follows: 5% of final construction costs. 13.1 AN INITIAL PAY~IENT of Five Thousand & no/100---------------------Doll:.trs ($ 5,000.00 shall he made upon execution of this Agreement and credited to the Owner's account at final payment. _ 13.2 BASIC COMPENSATION 13.2.1 FOR BASIC SER\'ICES, as descrihed in Article 2, and any other services included in Article l-i as part of Basic Services. Basic Compensation shall be computed as follows: For Pre-Construction Phase Services: (/11.'\1..'1"' 110.....;.'\ l~l C0I11/lf.'U.","ioll. illCllltlill~ stipulated Slims. multiples or percentages.) Fifteen Thousand ($15,000.00). Payable within 30 days after the bid date. For Construction Phase Services: (/lIsert hasi.\' (~l c(J1l1/Jeusa!io}J. il/(:futlillg stipulated Slfms. mulli{Jles or pen:t.!Jlltl)!.f..'S.) See Attached. 13.3 COMPENSATION FOR ADDITIONAL SERVICES 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER. as descrihed in Article 3. and any other services included in Article l-i as Additional Services, compensation shall be computed as follows: (/IIser/ htlsis oI compensatioll. illdudillR rtltes tlutl/or l1ulltiples of Dire,-! PersoJlJlel f:.:\pt'U.\if..' lor Principals alld elllp/oyees. tllld ideJl/~J)' Principals lIud c1t1ssfll' emp/oYt't.!:.:. ({ relit/ired. Idelllill' ..;peci/ic: se,.,.ices Iv IdJicb particular me/bods of crunpellstltiou lIPfJ~l~ illlf.!eesstu:l'.) See Attached. e 13.4 REIMBURSABLE EXPENSES 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 12.2, and any other items included in Article 14 as Reim- bursable Expenses, jl:~itR~x}{ 5% fee of (xxxxxxxx~ the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. CWO provide monthly itemized invoices. Payment due on 30th of month that invoice is submitted. 13.5 ADDITIONAL PROVISIONS 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Nine (9) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Subparagraphs 12.3.3 and 13,3.1. 13.5.2 Payments are due and payable as stated above ( ) days from the date of the Construction Manager's invoice. Amounts unpaid () days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construc- tion Manager. (1lIsert rate of imerest agreed IIpOIl.) 2% over Prime rate. ({"sury lall's aud requirements under the Federal Truth iIl1.elldin,~ Act. similar state tllld loetll consumer credit lau's "nti other re~ullltiOllS tit tbe (Ju'lIer.s tlud COllstmetioll ,l/allager's prillcipal places of bllsilless, tbe locatioll of tbe }'roject amlel,"'II'bere may affeeltbe l'alidit,l' of tbis prrJl'is;rJl/. ,'f)ed/ic leRal adl'i,'e s/.Jould he o/}taiued with respect to deletiolls or modifications. alld also reRClrdill~ requirements SliCIJ tiS u.'riltell disclosures or wlIil'ers.) 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review prJctices of the Construction Manager; e AlA DOCUMENT 8801/CMa . OWNER-CONSTRVCfION MANAGER AGREEMENT' 1992 EDITION' AI.....!> . @1992 . THE AMERICAN INSTITUTE OF ARCHITEcrs. 1735 NEW YORK A\'ENl'E. N,W. \X'ASHINGTON. D,C, 20006-S292 . WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, B801/CMa-1992 10 ~ ."" Article 13 Basis of Compensation . e 13.2 Basic Compensation 13.2.1 For Construction Phase Services: 1. Two Thousand Two Hundred Fifty ($2,250.00) Dollars per month. Payable on 30th day of each month for five months. First payment due 30th day of month that construction starts. 2. Final payment due within 30 days after punch list is completed. 13.3 Compensation for additional services e 13.3.1 For additional services of the construction manager, as described in Article 3, and any other services included in Article 14 as additional services, compensation shall be computed as follows: 1. Cost of Architect/Engineering services to prepare plans and specifications for bidding is not, included in final construction costs. Direct payment by others. 2. Wages and Benefits of GWO employees, working on job site. 3. Jeff Olsen's wages in office or job site as related to this project. No charge for all other GWO office personnel. 4. Construction manager (i.e. GWO) material costs as detailed in project specifications. 5. Any other out of pocket expense related to this project. e ~ >', . ARTICLE 14 OTHER CONDITIONS OR SERVICES e (In.'f!rt descnplitJllS (~l otber sen'ices. itlelllill' .-tclditl(JlItI/ .";e'-l'icf.'s illc/udeel witbiu Basic C(}mpc.'llsdtifJlI tlllel J1ItJcliJ,,'atiuJls 10 tb(. payment {Iud compellst1lioJl /('r",s illf.:lutletl ill fbi.'\ AJ.!,n'(IIIIL'III.) 14.1 Limits on Insurance The insur:lOce required hy Article 11 shall be written for not less than the following limits. or greater if required by law: (Insert the spec/}Ie clollar tll1UJlIUls }Cu' tll.... lIpproprlate ;II.'OII"'O/Cf/ limits of lilllJiIiO'.) (;U LTR TYPE OF INSURANCE LIMITS A GENERAL LIABILITY ---, GENERAL AGGREGATE $ 2CXXXXXl [XJ COMM GENERAL LIABILITY PROD-COMP/OPS AGGREGATE $ 1CXXXXXl CLAIMS MADE X OCCUR PERS & ADVERTISING INJ $ 1CXXXXXl [ J OYNR'S & CONTRCTR'S PROT EACH OCCURRENCE $ 1CXXXXXl [XJ PO DEDUCTIBLE: $250 FIRE DAMAGE (ONE FIRE) $ 5<XX>O [ J HED EXPENSE (ONE PERSON) $ 5000 A AUTOMOBILE LIABILITY COMBINED SINGLE $ 1CXXXXXl - LIMIT [XJ ANY AUTO ( J ALL OYNED AUTOS BODILY INJURY $ [ J SCHEDULED AUTOS (PER PERS) [ J HIRED AUTOS BODILY INJURY $ [ J NON"()\/NED AUTOS (PER ACC) ( J GARAGE LIABILITY [ J PROPERTY DAKAGE $ IA EXCESS LIABILITY EACH OCCURRENCE $ 3CXXXXXl ~ UMBRELLA FORM AGGREGATE $ 3CXXXXXl [XJ OTHER THAN UMBRELLA FORM ( J STATUTORY LIMITS VORKER'S COMPENSATION EACH ACCIDENT $ 10CXXX) \B AND DISEASE-POLICY LIMIT S 500000 EMPLOYER'S LIABILITY DISEASE-EACH EMPLOYEE $ 100000 ,- _ 1. Non deductable Builder's Risk Insurance is by the City of Stillwater. Must include interests of Construction Manager and all suppliers and subcontractors. This AgreemelH entered into as of the day and year first written ahove, OWNER CONSTRL:CTION MANAGER GEORGE W. OLSEN CONSTRUCTION CO., INC. (Sign(/lIIre) (Signature) RICHARD N. OLSEN, PRESIDENT (Printed name (lIld titte) (Pri/lted /lame wit/iiI/e) me CAUTION: You should sign an original AlA document which has this caution...printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. e AlA DOCUMENT B801/CMa . OWNER.CON~TRl'('TION ~IANAGER AGREDIENT . 1991 EDITION . .-\.l.-\.~ . @1<Jl)1 . THE AMERICAN INSTITl'TE OF ARCIlITECTS, l-~'i NEW YORK A\'E:\I'E, NW" \'('ASlIl:-JGTON, D,C, 11l00(,.'i.!<J.! . WARNING: Unlicensed ,", ,,","'""~I,:~,in,c, lIi,)lales US. CO:l\rriclht laws and will subject the violator to legal prosecution, 8801/CMa-1992 11 c, . . e e e , 14.2 14.2.1 *2.3.29 *8.5 *10.5.1 *10.7.1 Article 14.2 Public Bidding Requirements Notwithstanding any other provision of this contract, the construction manager shall be obligated as the agent of the City to comply with the Minnesota Competitive Bidding Statute found at Minn. Stat. ~ 471.345, when applicable. Notwithstanding any other provision of this contract to the contrary, the construction manager shall secure from any subcontractor or contractor a payment and performance bond as required by Minn. Stat. ~ 574.26. "UBC" is defined in an Exchange Agreement between owner and Lanoga Corporation dated December 6, 1994. Construction Manager shall make no payments of any costs without the prior written approval of UBC. UBC shall be entitled at their option to participate fully and as a party to any "Arbitration" as defined in Article 8. Notwithstanding ~ 10.5, neither owner or construction manager may assign their interest in this contract without the written permission of UBC. Nothing contained in this agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the owner, construction manager or UBC. OJO S~3~ NOV 21 1994 November 17,1994 TO: CTIY OF STILLWATER ATI'N: STEVE RUSSELL DAVE MAGNUSON FROM: RE: GWO (DICK OLSEN) .... UBC STILLWATER, MN _ Per our meeting of November 15, 1994, we wish to clarifY GWO's Construction Management contract as follows: 1. GWO FEE: 1.1 5% of site work and building construction costs only. These items will be identified in final plans and specifications. 1.2 Excluded from costs are such items as land costs - plans and specifications - closing costs - moving costs - finance costs - fixtures and racks, etc. by UBC - City costs to complete agreement between City and UBC. 1.3 Final GWO fee cannot be detennined wtil sitework and building costs are established, via competitive bids, received on a bid date to be detennined 1.4 Iffinal sitework and building costs is $625,000.00, then GWO fee is $31,250.00. Ifcost is $750,000.00, then OWO fee is $37,500.00 Once ~ain this cmmot be detennined until final bids are received e '-'. . ... ., '. <., . t-' Page 2 e 2. PAYMENT SCHEDULE 2.1 Article #13 is the basis of compensation and not in addition to our 5% fee. Therefore, if sitework and building costs is $625,000.00, GWO fee is $31,250.00 and payment is as follows: A) 1st Payment: (Initial Payment) - $5,000.00 at time of acceptance of GWO as Construction Manager. B) 2nd Payment: (Pre-Construction Services) - $15,000.00 to be payable within 30 days of bid date. C) 3rd thru 7th Payment: (Construction Phase) - $2,250.00 each month for 5 months equals $11,250.00. D) Smn ofGWO fee payments #1 thru #7 equals $31,250.00. ..... 3. REIMBURSmLE COSTS 3.1 Article #12 identifies reimbursible c~sts. These are GWO's out of e pocket costs which are in addition to GWO's 5% fee. GWO offers the following estimated allowances: 1) GWO Superintendent (433 hours) $11,907.00 2) Jeff Olsen (180 hours) 4,950.00 3) Insurance burden and Unions for Supl and Jeff Olsen 7,586.00 4) Temporary electrical (4 months) 320.00 5) Temporary water service (4 months) 50.00 6) Telephone services (4 months) 400.00 7) Temporary toilets (4 months) 320.00 8) Job site office - storage trailers by subcontractors at their discretion and cost (4 months) 580.00 9) Project sign (ifrequired) 500.00 10) Property survey (by Ci~)- building layout and parking lot layout (GWO) 500.00 11) Temporary fences (if required) 1,000.00 12) Dmnpsters (8 - 30 c.y.) 2,720.00 A) Final Ganitorial) clean up byUBC N/C B) Bulk clean up by each sub- e contractor to dumpsters N/C C) Broom clean up by GWO 300.00 .~ " -' Page 3 3. REIMBURSmLE COSTS (con't) e 13) Add temp. ~eatlwinter construction costs such as: None Req'd A) Enclosure B) Temp. heaters C) Fuel D) Snow removal 14) Temporary roads None Req'd 15) Demo tition of existing building as required Site demolition by excavator. None Req'd 16) Building pencit including SAC & WAC charges. Occupancy permit (based on $625,000.00). 4,000.00 17) Safety program 300.00 18) Provide as built plans (Jeff Olsen) Include Rem #2 19) Provide maintenance and operating .... manuals. Coordinate start up of equipment (Jeff Olsen). Include Item #2 20) Travel expenses 500.00 e 21) Xerox - Fax expenses 300.00 22) Labor burdens cost of GWO Superintendent - Jeff Olsen Include Rem #3 23) Insurance costs as they relate to this project Include Item #3 24) Sales Tax is required All items above except #1-#2-#3-#12-#17- #18-#21-#22 - (6-1/2% ofS907.00) 590.00 . TOTAL: S36,823.00 , NOTES: 1. Allowance payments will be made monthly I based on an itemized billing. I 2. These are estimated allowance costs. Final costs are determined by usage. e " "' ... ... e e it ~ , "J Page 4 4. :MISC. ITEMS 4.1 Article #8 - Add UBClLanoga 4.2 Article #10.5 - Add "Assigned to Lano~' 4.3 Article #10.7 - Add "Assigned to Lano~' We have attached GWO's amended Progress Meeting #1. This was reviewed at our 11/15/94 meeting. If you have any questions, call Dick Olsen at (612) 439-5410. CC: UBC (Dale Kukowski) ..... .. ... . . ~... MEMORANDUM TO: Mayor and City Council Steve Russell, Commuuity Development Directo~ November 30, 1994 FR: DA: RE: FINAL PLAT FOR SIX-LOT SUBDIVISION, PINE HILL ESTATES LOCATED AT THE CORNER OF COUNTY ROAD 12 AND BOUTWELL CASE NO. SUB/94-17 The request is for final plat approval for a six-lot subdivision. The preliminary plat was approved by the Council on May 3, 1994. Since council approval, the city has worked with the developer and Washington County to relocate the detention pond off-site. To accommodate the relocated pond, additional drainage easement may be necessary. The park dedication fee for this subdivision is $8,050. This amount will be paid before final plat recording. Recommendation: Approval Conditions of Approval: 1. Additional drainage easement may be required by the city engineer. Attachment: Final plat - Pine Hill Estates .it 1- NOV-30-1994 16:43 REALTY WORLD PAULEY JOHNS P.01 . November 30, 1994 To Mr Steve Russell: I am requesting approval from the city of Stillwater to construct a model home in Pine Hills Estates. Construction would begin ap- proximately March 1, 1995. This would be a model only and will not be occupied prior to comple- tion of the street and utilities. OUr desire is to start marketing i from the model as early as possible this spring. Stillwater build- ing inspection department and public works have been consulted and forsee no problems. . Sincerely, ~~~ Clark R~ Ny Developer Pine Hills Estate . . . . TO: FR: DA: RE: MEMORANDUM Mayor and City Council Steve Russell, Community Development Director December 2, 1994 FINAL PLAT, MYRTLEWOOD Copies of the final plat will be distributed at meeting time. The plat is consistent with the previously approved subdivision, Recommendation: Pass resolution approving final plat for Myrtlewood, ,.e _ 'e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development v DA: December 5, 1994 RE: FINAL PLAT FOR 9-LOT SUBDIVISION, MYRTLEWOOD, LOCATED NORTH OF MYRTLE STREET, WEST OF BIRCHWOOD DRIVE, RICHARD HUELSMANN, APPLICANT, CASE NO. SUB/94-22 The request is for final plat approval. Contracts for public improvements have been let and public improvements in progress. Certain conditions of approval regarding wetland setbacks and on lot grading will be reviewed when plan checking for building permits, A $4,107 park dedication fee has been paid according to the park dedication requirements, Recommendation: Approval Attachments: Final Plat ~~ ~ ~-\.:j ~~ B~ /L~ J} I J../.5"/ tftj December 4, 1994 e Stillwater Parks & Recreation Board c/o City of Stillwater 216 North Fourth Street Stillwater MN 55082 To Whom it May Concern: I am writing to apply for the vacancy on the Stillwater Parks & Recreation Board. I live in Ward 2. I have owned a house at 307 East Laurel since late 1988. My home was part of the old territorial prison site and is located "under" pioneer Park at the foot of the stairway leading to Main Street. Because of my location near pioneer Park and the Washington County Historical Museum, I am personally interested in the wise development and maintenance of the area's facilities. My employer is Courage Center in Golden Valley, where I work full-time as a physical therapist. My contacts there with people with disabilities have made me much more aware of the need to reduce environmental barriers in our business and recreational facilities. _ I have been involved with a wetlands mitigation study sponsored by the Minnesota Audubon Council for the past two summers. Being out in the field and observing development projects affecting wetlands made me more aware of the need to lessen the destruction of our natural resources and to more consciously preserve their quality and beauty. Local parks and recreational areas deserve the same thoughtful consideration. Prior to moving to Minnesota in 1986, I lived and worked in Michigan. It was there that I'served on three boards of directors: my professional association's district body (I was chairperson), a Christian-association-sponsored counseling center, and my church's governing body. Here, I have been on the St. Paul Audubon Society board of directors for a number of years; I currently am secretary. I also have served a term on my church vestry. These volunteer duties have given me experience with the decision- making processes of boards. I never have been on a city committee or board, and would welcome the opportunity to serve Stillwater and its citizens in this manner. I respectfully ask that my name be considered for the current opening. e Sin9.erely, Lu,~ -e 'fu }l(\<LU.,~ Linda R. Amrein 307 East Laurel Street Stillwater MN 55082 (W) 520-0487 (H) 439-7670 r t..- . . . Angela Anderson 1121 North 4th street stillwater, MN 55082 Morle Weldon, city Clerk City Hall 216 North 4th street stillwater, MN 55082 October 31, 1994 Ms. Weldon, Just recently I heard of an opening on the stillwater Parks and Open Space Commission. I am interested in serving on this commission. I have lived in stillwater for 8 years, and from 1990 to 1993 I served on the stillwater Planning Commission. I have also served on the Subcommittee for Transportation for the Washington County comprehensive Plan in 1993/94. I am a landscape architect by profession and have been employed by the Department of Natural Resources since 1977. Over the years I have worked in several capacities there, as Environmental Review Coordinator, as Trail Planner, as Coordinator and Editor of the Trail Explorer publication, and presently as visitor services Coordinator for Trails & Waterways. Thank you for your consideration. Since!:'ely; ./ ~~ i Ang la Anderson (612) 430-2421 , , . . . '\ . ,'. :' -'. . '". 21S-No. Martha' , Stillwater, MN 55082 "November 10,1994 . . David Junker, Chaimlan Commission of Parks and Recreation City of Stillwater 216 No. Fourth Stillwater, MN 55082 , . ' Dear Chairman Jullker and Members of the Parks arid Recreation Commission, I would be pleased to be among the names of applicants that you would consider for membership on Still~ater's Parks and Recreation Commission. Please send me a copy of the job description and information relating to the goals and objectives of the City's Parks and Recreation Commission. . " I have enjoyed a variety of community projects and volunteer opportunities over the years such as improvements to Washington School Playground, St; Croix Watershed Network Steering Committee, St. Croix Valley Si~rr~ Groupexecutive board, volunteer senior companion, past Girl Scout leader, past chair of St. Mary's Wild Rice Festival, former pottery instructor to , ' mentally ill adults, Stillwater Senior Gass Graduation Party Host Committee Chair, Instructor, Adult Community Education. I appreciate working with others such as your_selves, who also value community service and enjoy the rewards of seeing projects develop from mere ideas to action plans and results. ' . '." . ' , I am interested in the creation and management of Friends of Stillwater Parks and am enclosing a description for you to review. " ' I have held a variety of professional positions involving public relations and marketing activities, designing and implementing a volunteer program, volunteer recruitment, training and volunteer recognition, developing-a variety of promotional materials,etc. In addition, I have worked with teens, young adults, physically handicapped, and seniors, and designed and implemented a Living Skills Program for che~cally dependent adults. I have met with children teens, seniors and residents with disabilities and have compiled a list of suggestions they wish to be consider~d by the Park arid Recreation Commission. I would welcome the opportunity to meet with members of the Parks arid Recreation Commission and City staff interviewing applicants to discuss if my skills could be of any assistance in your mission serving the City. Messages may be left for me at my home, 439-8368 or at work, '715/246-8368. . 4 - There are many qualified citizens interested in your commission and I realize the position may be filled. In the event that the position has already been filled, I woUld be interested in serving in an advisory role helping to expand the CHIPS Program, and in working to promote increased collaboration with other community organizations and individuals interested in park and recreation services for Stillwater's residents. ' Very truly yours, ;: (~fll' /J:1~ ,-,- ~~, 'f.Y"' Ju 't Gulden .:".,.. " .ft .' Drafted by Friends~f Still~~t~r ParkS ''',':' ,.,'.' ", Judy Gulden, Steering Con;unitt~~': . '439-,8368.":' 218 No. Martha, Stillwater'~: .;'. J Original Draft, November; 1993 .' Revised, October, 1994 .... 'or': . ...... . . . ....... Friends of Stillwater '~ar~s..:':": ::,': . ' _.~ Description and Activities ."- ""'".: . What Is The Friends 'of Stillwate~ Parks Organization? ': ..... " .:. ' " . Friends of Stillwater Parks will be non-profit, tax exempt organization comprised of people who love Stillwater and who are dedicated to its beautification~ We've been informal over the past three years and we want to move forward ,With additional projects for town beautification and park aesthetic and accessibility improvements. . Who Are Friends Of Stillwater Parks? You. Your neighbors. Individuals, organizations, businesses - who love Stillwater. People who see potential as they look around our river town, community members who want to help , improve our parks and streetscapes. ' ." Where Did This Idea Originate?, .. . " .. Local residents have been interested in establishing Friends of Stillwater Parks after seeing '. other tOV\1JlS benefit from similar organizations in their communities, Residents who appreciate Stillwater respond when asked to help spruce up Stillwater. Still~ater residents have great , . ideas for projects. We can start small, enjoy the results and become a better community to live: and play in ',., .' ' : ". '. '. ' ' . , , Is Friends of Parks Needed?' , ' . .' " , Yes. When citizens work together towards mutual goals we accomplish more~, Our city's Public' . Works Department, Parks and Recreation Department and Commission are dedicated and , ' work hard for our town. There is just so much they can do with limited resource. Parks serve the ' , community and bring people together. Friendsof Parks will make those places more attractive . . 'and accessible to people of all physical abilities. In Stillwater's parks, childrenplay, families " interact, individuals find quiet time and song birds visit. P~ks enhance ourw~y of life. . . What Is The Mission? '. . . . " . . The mission of the Friends of Stillwater Parks is to assist the City of Stillwater and citizen efforts in beautification of Stillwater's urban historic neighborhoods, parks and open space, improving handicapped accessibility and in the protection and enjoyment of Stillwater's natural setting. ' What Are Examples of Friends of Parks Activiti~s? . Friends of Parks will develop an activity list and prioritize projects to meet goals. Some possible activities are: . . ". ',' ." ': ',: ,," , . recruit, coordinate and lead interested citizens with park improvements such as: add equipment for the handicapped ," , add park benches and picnic tables add or expand flower beds " , plant shrubs and trees that attract song birds , encourage the City to provide restroom facilities that easily accommodate a wheelchair or walker . assist with improvements to walkways in parks to be more easily accessible to the handicapped and people of all ages page 1 " . . . , . . " .... ..' .. . ~.' . . . .. .. ....~ -.. , ,What Organizations Are, Supportive of Estab.lishing Friends of Stillwater Parks? .;..,', .We have received letters of encouragement from the q.~ of Stillwater, Stillwater Business Association, Courage Center St. Croix, Washington County Historical Society,St.Croix Area' .' United Way, Kay Oint Foundation, Stillwater Office of Volunteers, and numerous civic leaders. , Support abounds. -' , . ' ' . Will Being A Friend of Stillwater Parks Take Up ~y Free Time? " ,We hope everyone will do what feels right for them and their schedule. For some people that means simply offering support. Some residents like the idea of Friends of Stillwater Parks but prefer not to donate their time to activities. ' . I Like The Idea, but I'm Short On Time. Can I Just Offer Suggestions? , Absolutely! Friends of Stillwater Parks is growing be,cause of community interest. Let us know what you think. .' ' , Do I Have to Be A Horticultural Expert To Be A Friend of Stillwater Parks? . You can belong just for the love of parks, children, flowers, shrubs, trees, scenic vistas and song birds. Can Families And Individuals Join Just For Fun? There will be 'activities for people of all ages, interest levels and ability levels. We want suggestions. In fact, we need suggestions on an on-going basis. ' How Can I Stay Informed, Offer Support Or Get Involved In Friends of Stili \yater Parks? Friends of Stillwater Parks wants to hear from you. Call Judy Gulden. Messages can be left at 439-8368. ,Or, contact Mary Peroceschiat 439-4470. ,We would be pleased to hear from you. Many'Teams Guide The Future . The work of our past and present leadership-mayors, members of the city councils, city staff, the Chamber of Conunerce, Downtown Business Association, civic clubs, congregations, the school district and conununity leaders have helped make Stillwater a vital Minnesota river town...prosperous ~d healthy. Partnerships and creativity are just a few of the many strengths of our conununity. , Friends of Stillwater Parks would like to contribute to our busy town even more loving care, play areas for children and show of hometown pride. , " . We hope you will contact Friends of Stillwater Parks soon. We welcome your guidance, inquiries and support and involvement. . Cordially, " Judy Gulden 439-8368 218 No. Martha Stillwater, MN 55082 Mary Peroceschi 439-4470 809 6th Avenue So. Stillwater, MN 55082 page 3 . . . . . ........,. . ":.: "..," , . . . , , . , , , ' , . , " '. .. f '-'," .,;,.' ," '. ,'.... , " . . . assist in the developm~nt.and promotion of ".Adopt A Street" program:" help ~th , . improving our streetscape~- similar to the Adopt A Highway Program' ,...:. .' ',', ~ ". : ~ assist Inthedev~lopment o'fa "Stillwater Park Map" which will proVIde a lis'ti~g of '. .' , community parks, descriptions and directi~ns to each park from the historic district of . downtown Stillwater' " , . . '. . help promote programs that ,educate adults, teeris~ and children on the benefits of parks~ and various types of open green space . , ,:' . help with the acquisition of land dedicated for park purposes . assist in activities for Stillwater to earn Tree City USA designation awarded by the National Arbor Day Foundation in cooperation with USDA Forest Service and the . National Association of State Foresters . . . - . . coordinate promotion.s such as a "Have a Park'; button sale, ail art contest or art sale. Profits will help finance, Frierids of Stillwater Parks activities' " , ' . .... " How Will Friends of Stillwater Parks Be Funded? , . ,', ...,..., Frie~ds of Stillwater P~ks,'may be funded through a -variety of methods such a~: ,', . . '" . applyfo~ private cind public gr.aIlts 'and contrlbU:tions that offersu.pport to, o~~ se~ce ,efforts.' Often, cities are not awarded private grants but non-profit service organizations ,and foundations are awarded contributions. . ' . . . encourage citizen donations and in::-kind contributions · 'encourage planned giving tko'ugh wills and bequests from individuals ~ho Wallt to leave their "mark" on Stillwater for years to come. The Friends of Stillwater Parks Foundation will be a \oVay o~ giving an ,eternal gift to Stillwater., ' .' Who Will Manage The Funds of Fri~nds of Stillwater Parks? " :,', ' : " The Saint Paul Foundation will be the financial custodian of Friends of Stillwater Parks. Stillwater professionals who have served and chaired benevolent activities will serve as , advisors. At this time our community does not have a Stillwater foundation. " What Does The City of Stillwater Think of This Idea? , ' The City has extended encouragement in a letter of support which reads: "The Department of ' . Community Development and Planning is interested in the establishment of Friends'of Stillwater Parks as a means to assist ioith numerous park improvements. The Stillwater Department of Community Development and Park and Recreation Board is eager to participate 'with Friends of Stillwater Parks on mutual goals. Positive benefits will result from park beautification and improvements and enhance the quality of life in' the Stillwater Community." . ' How Will Friends of Stillwater Parks Compliment The Work of the City, of Stillwater? The establishment of Friends of Stillwater will not diminish the city's responsibilities and role in . providing and park and recreation: We desire to support and enhance their work. We will have a systematic method of communicating to the City and community and hope to be a well utilized resource. Friends of Parks in other communities are enjoying success and civic improvements. Friends of Stillwater Parks wishes to follow these successful I1,lodels. page 2 ...... : '. ....; '.' -. ' . . . MEMORANDUM TO: Mayor and City Council FR: Park and Recreation Board DA: November 30, 1994 RE: REQUEST FOR SNOWMOBILE TRAIL - MCKUSICK P A THW A Y Background At their regular meeting on Monday, November 28, 1994, the Park and Recreation Board received and reviewed the request to use the new McKusick Pathway for a snowmobile trail. The city notified adjacent property owners of the meeting and approximately sixty (60) residents were in attendance. Nora Gallmeyer of the Washington County Star Trail Association, discussed the proposal. All of the residents who spoke were not in favor of the proposal. Issues of concern were noise, conflict with pedestrians and other negative impacts to the neighborhood. Park and Recreation Board Recommendation Denial of request to use the McKusick Pathway as a snowmobile trail. Attachments Petition NOTE: The Park and Recreation Board also recommends that the pathway be plowed. .. ..". , . [,I. . ..... -~ ;..t ..~ Washington County Star Trail Association November 7,1994 Nile Krtesel Washington County HaOO - 61st st. N. Stillwater MN 55082 TO: Members of the Council, The Washington County star Trail is requestio\1 a written agreement between the City of Slillwater and Washington county Star Trail to use the Bicycle Trail along McKuslcl< Road as a Snowmobile Trail In the winter months. We were 8ske<1 by one of the business owners In Stillwater. The 13 Clubs which maKe up star Trail Association WIll ma~ and maintain It In accordance with the state of Minnesota Grants and AId Regulations. We will also carry the Liability Inxurance on It. WIth the Snowmobile Clubs Involvement It will ensure safe and enjoyable ndlng for all. and will also encourage snowmobilers to stay on marked ami groomed trails rather than riding on Private Property, etc. Sincerely yours Nora Gallmeyer. coordinator Washington County Star Trail Association. p .S. Please fax me a copy of the Aganda for the Council meeting 0 the 15th Fax to Nora Gallmeyer 782-1755 ~ .. ... ,J' '" . . / . r5S~VYV~ D'~ lo.o ~~ j);n 77 tP;(j "%>> Page / of V pages Date //fYB/1tf . Pt:lTl"llW TO mE CITY ~ AND PARK AND RfrRFATIlW IDl\RD CITY" OF S"l'ILLIiATER We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile traiL Such designation will concentrate snowmobile use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used by walkers and joggers, should be maintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. ADDRESS g 20 I DcJyljL (! ({/:v ( /J4 , euul.i' / - <it Z-6 ;- t!U~ <if-a To tvlye c /ltcLE rID 7DU~ C/IUkV' .~ V/./~O\ ,L.QYAJA l ~4~. !t'~ S~Vt {~~ -- -- ~~ .~~ hu M [.t1:~.~ t.~", )'=-. 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Z-GO lOW)jf c( /lL ((: ~ /t, t ~ U {t-....fl-/ LeA ck..- 1i<t.;J~ ~ . e . i. '- . f{n/7?~4 7 Page / of ~-pages Date 111#)71/ - I I Pt:'l".1"l"l<W TO mE CITY ~ AND PARK AND RfD.WATI<W 1DARD CITY OF ST:IU.NATER We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile trail. Such designation will concentrate snowmobile use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used by walkers and joggers, should be maintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. NAME ADDRESS (--- ._---;:> 9 or j/'./, Ldt/rc/ J'"/: .J'/://w~/j /?1 11/ ----, / /1/ ' ,- Y;//' / / /) 1/0/;)' ~;}~t1d c0// ctr/C" /~r /(/11 t'? ~ /:/ --1 tf 0 )rU/, L~~ -a--~ /' :lU-fuM (}rc\e_ ~O\ ~~\\--8~0l\Qc..L~ '76/ M 5Ctfz;.~ C( "LCLe Iii -1,Utk~ &~ck ~ C~0r1/- sp ~L/ Cl\ - \.lv~ L-' ~('~'i\~ ~~;/~ ~~ \. f /~ +--:-- /"; ~, t I " /) ,_ _ ,,--,o/1/) /-/ ,/" 1/1,,1.(/__' -,~_ ..' '..,r.." l.- ...Jo.:...~.- ........t. . 7// Yix/~'i-:- C,~ ~' '7 d1 r;:s ('" lfi-- ~ 7 ~ / h's't!-/uA -' ~ J~ 731 ~JG~ Lv, (f ( I cf, I ~ ,\ ," \)\)L~ 1 \Ai 'S~, v -\ Page . Y of ")../' pages ///;/5/1/ I I - Da te NAME - ' i' ' ' -.- " " I ---_,~~ i~'" (__ L J ", 'y /," ADDRESS e - ~J ./ L-'" J ..L_..:<' _'" r-/J c' , ~ t ~ ~ C?/V, ,). 1\ N'--- - ~ /,'-') '" -- Q , I,' -1 -- 1 L -- ? I /~ I L!,/~...R<r /~.p~ _J,_~J,. ,--~~?-L0,f:; ~__.._~_~- "- ! __- J I (""'f 0; ~_ "). ;; ~~.I'}-~Q, <-^-1 ,71 i ~ " I J \~'1 Ii '~\ ',' I " i '--'t' i \ ! /,,' <-L",:ll'""" 'I ,1 i,' " '/'1, I~ \ /(' \', .1 ,.- " '?----, L_' " , ,\, "I .. : / \' " .' \ J \' r ; / ) " (,::) +-~~\ VlU.l4 \ ~ i~C\'J (\ CttJ.i~ I \ ~~ ~~'k 7?A4)~Lf ,~ 4b:2M~ ~ j "', 1 1-/ ~ f ~)r,,<~ 1 'Oil 1L.1;)/e {!/I Ie h ()~ f \ f ( j , t VI] LA 11('/ (~)- i ) . .,..r /' D l/~ I ( // 921 ;:~ CcYc(e-; 11l fl 5 Ct1 r;<< ( ~/)U1L '77L h 5, C'/L.~.ff'- C l' 'v0 7..Q ------ . 1so /J}d1(/JJ1~s.;n/ ,pe . 7so A Y/1<< I1lscJ /J ~ r- /~~~ I~ 1;;tJk. A:~~ p/~/ {!J~~*~~L/J Z1~ "L~ f 1dd~ - I t1 ~-J~ " 9cZ0 Jr~~ /' f/.fzoL/lJ, ~ ~w,q'/h</o~r7~ I d-3 b he- L-cL )~?~C/~ _~o ( /Ll :;-lr t~~t' ,~~ J-I .i .. . . . /in T7C'/\J #- - p~ 1ft I pagel Date /~/Y8j1J Pt:lTr.l<W TO THE CITY ~ AND PARK AND RECRFATIm RWID CITY OF STIIniATER We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile traiL""'" Such designation will concentrate snowmobile use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used by walkers and joggers, should be maintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. NAME ~ ~ _~I\~e+;J ...~ ~~. ~~/'-AA/ ~8~.. 1"~&2 . ~ n' a~~~-/ ))!~,/~ :1;1!h~1Aj.e <U~M~ ~w tYT-M~ I ADDRESS IO'b'1 ~l~~ -rJL.iV. -- to,'" ~qj(.l~ lCJ ~cI.L . N, J O~ J J11~t-{S i ~I< R<! · L. rY, I O~ ~ ~t \~~ , L L rut [",--tV ' ..' IJ-) Mtfdt, ,~LN "L n!? Me.J<USle K Rd LN N . .1/e3.' /Jk4~ ~ :(k~{!;>4; /lJ; /14' Me}[/;,lcktGiJfJ J/ 11 '/ ' I I) (I '\ f IISS 1/ jcj;t{)(C/G 0\(\}fi $ \ \ ~ /tJ.~r '1h4~~~/{J"~~/h~ t IJ II' ftlCKJ.~~ R~ ~, I.:JSi 'If~ ~ f'..:4 !?It". RL I ~ '" AHT70/J -#" _ ~ ~Jx / page/. Date if 1-do/1~ ~ . Pt:Cl."'lCW TO 'ffiE CITY ~ AND PARK AND RmWATICW 00AlID CITY OF STIUMATm We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile trail. Such designation will concentrate snO\vmobile use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used by walkers and joggers, should be Inaintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. NAME <"'0" /'jl~-L'1' / ;t/a,~ ..~;l' ~ ,-'-"'. / !~J ill ~ " ]. l' ./ t / i (1:.1/./ ,-' ,.t{ - ~ ~ I ,~ '1 "'f;'lt ~7 A~C , ...." <; f ./ ~ t t2t~i~ ADDRESS /~_~.)k~,eA~~~ 11. "-, / } 4 J;" . k-. ,1 I / :lI. ...;7\ oc, ~/'& &..( .5" n:~_f, f'( d .-- . .... ~ - "'~ .z.&f.g '. 4 I.::z-g-~ ,. ~.'" }. / /lj(; /JJt I tftt /( If f/ b )1 ilstllf(~(1sltk. fd/~;J, JI;--../, ~j.;~ IJJ ..J~ .:! ~ p; f;/.JC 4..~r .< t. l' f) (1 ! t J !,-~'3 lIt) '",~c-~ I\L!/tl,)~ . /tJ IJ; /l1e.K~$Jd< tfJd l~ulJ/ I "51 7t::W?,lt ~V 9s. \ ~~~ e.,~l6 . 1-1' t /Jj ~.~It~ ,/?~~.& K~ . . i. " .... An77(),1J4 Piiije -i-~ / page, Date II,/Y%fqt} ~ PJo:ITl'.L~ 'ID THE CITY ~ AND PARK AND RFX:REATI~ 'OOI\RI) CI'1Y OF STIU..HATER We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile trai 1. Such designation will concentrate snowmobile use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used 'by walkers and joggers, should be maintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. NAME ADDRESS '1)1 ~ ~ 'Rd2L .~ II 7 ~ . / f' \..{... ..4., . (- ",- '. l /VI /1f/y /1/~e//5/~'~ ~I LA! ~ , .-, / I' / // I / " / l f 00 /{// [.1 u<;'/ c /( r c 1-/1..- /L..A" , r '. , U t(. ~ c., 'IiO~ \04 l ~(' 'I\.( ~(C. \< R ~ 104'1 Mt~~~\~~ ~ lV\ lOS~ file kt5~'< fu L.A/. f...J, N " ('J(o~. l<<-,~i? . ~1J ~'~ .:., / ---1.0 r /i~L>yV (,~ ,. f~~/ #6> 'C~-'lldlL~.~,. i.. , ~~~ fJ " t _ ~ /1 ~" 1 · , ~~ ~ )'.i : ,I'" ~- ~<'" ':1 .:_~ " I ~1I J ,. '1 i' 'I \" ,'!/ I,' , !., " / t i j 1./ J i.. ji.,,~ '.Jt (, ,'~. . I '-(1. lit '. 1\. ,. , J/3/ 71-1 ~ KvL1icJCI!i L; ){;, ,~~~ ;)!t.}/-o,'c)c ~ lh~ h.3Cj /Y1(~ ~~ N. I/'J.{ i'{c t\y ~' :..,.-..--.. ". AT f7c:J AJ 4 10."0 + ~ / page,! Date 11/!yff/1J ~ - . . pt;rrn<W TO ".I.'IIE CITY' ~ AND PARK AND Ra:RFATImf OOARD CITY OF STILlMATER We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile traiL Such designation will concentrate snowmobi le use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used by walkers and joggers, should be maintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. JOY", ~<." ~ ~ 1IIl'. d ~ Ktlil~ II< . J t,; T ~ r, ~ }11Y(u$~r~-,P& cAt 71,)., /J?v Jnt~l.~:(ll ND ~. t~~ . Jtl4; /'1~k...f~~k gJ.L'L~' c-?J~ ~J; __'11-3 -t )'1/J-IJ 1\1---1 1:.9c~ ~-r'-'"~ /1' V "3 t.-1. d~i~~ .~~~d ,~~r:~~s t "''--'' I~ It~" l~ t It ADDRESS ~ ..t.,.1 I Tei. ~i ~) .&- \. _~ ~ ' ~ (' . i ~ -,.-l-t-.L. _ L.. ---. -, VI. .1-1. . 731 -r~~ . 1(; ~ -f ofP1L -- ....,. . " ",,' , . . . -- --- ~n~oAJ -#6- Page L of "2----. pages Date /IAfY(4( f/'v pt:lTn<W TO THE CITY ~ AND PARK AND RI"lln:ATI<W OOI\RD CITY OF S'TILUIATER We the undersigned are not in favor of granting the request of the Washington County Star Trail Association to have the bicycle path along McKusick Road (County Road No. 64) designated as a snowmobile trail. Such designation will concentrate snowmobile use on this route creating a noise nuisance to the abutting residential areas, potentially negatively impacting property values. Further, we feel the path, which is largely used by walkers and joggers, should be maintained for that purpose during the winter months so that the people of Stillwater can enjoy this beautiful open space environment. NAME ADDRESS / t:? fj' r lYe kg t'c l: RdJ &u.. N- ) Q&9 ~' J8e ~ ~,- lAY I!lc4~ flt of. ~/ ih . L l.2ff9 /28~ 1 s .~~ ~{ll~~{ 8; iv 'Y'vv ' IJ (7 Ir /2-97' )JL ~ e 4 v?t /:;)7 9 )tt,;t'~~A /el?~ Nr, /3/ 7 /!1c"L15 t Lie ~j L.J /~' . II / I II I I h 1\ f I 1 , . r r // ) JJi1L~O?~ ~ ~ ~~ZA.' :~~ \?:> S C\ \\\c. t ,,-<,;, ( t 'Q\ l" ~\0'\--V'\ r ~\,"o,i 1 ~ I\~;f/, I' ,-,r'I'r,.. "V.(1'~ ,) NAME ~ Page Y of Y pages // /y~-11Lj, f ,-. - Da te ADDRESS . _t]L9~_,l!:!ct' ~k $ ~ #0 /~33 ~~~~ /333 I7JQ/~ f4J. ~. /U . ---.,. .-.. ... ._--------_._------_.~ l'Ytr MLku'151ckPd~ 1301 ~1~f6)lLfk RJctfl 13;;< S- MCk.us. 'CK.. ~ 6J N . . . . . ORDINANCE NO. 799 AN ORDINANCE ADOPTING A MORATORIUM ON DEVELOPMENT OF CERTAIN AREAS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Subdivision 1. BACKGROUND. The City is in the process of adopting an amendment of its Comprehensive Plan and other official controls as defined in Minnesota Statutes ~ 462.352, Subd. 15. During the public hearings and needs assessment work that is being done as part of the amendment, the . City planning staff, the Planning Commission, and the City Council have become aware that many environmentally sensitive areas exist within the City ravines that could be proposed for development without adequate physical controls being in place to protect not only the natural environment, but the historical importance of these areas. Subdivision 2. RAVINE. "Ravine" as used in this interim ordinance shall mean a deep, narrow cleft or gorge in the earth's surface that has been worn by the flow of water, whether under public or private ownership, and areas immediately adjacent to ravines that if deforested or excavated would create the risk of erosion, washout and spoilage of a ravine. Subdivision 3. MORATORIUM. Beginning on the effective date of this ordinance, any use, development or subdivision within the ravines including the excavation or grading of any soil, the cutting or removal of any trees or vegetation, and the erection of any structures is hereby prohibited. Subdivision 4. VESTED RIGHTS. The moratorium shall not halt, delay or impede a development which has been given preliminary approval prior to the effective date of this ordinance. SubdivisionS. TERMINATION DATE. The ordinance shall terminate unless repealed earlier by action of the City Council one year from its effective date unless extended for an additional period as permitted by law. Subdivision 6. SA VING. In all other ways, the Stillwater City Code shall remain in full force and effect. Subdivision 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication. Enacted by the City Council of the City of Stillwater this _ day of December, 1994. Charles M. Hooley, Mayor ATTEST: Morli Weldon, City Clerk ----- . . l ,/ Memorandum ,,~f. To: Mayor and Council From: Modi Weldon, City Clerk Date: December 2, 1994 Subject: Regulation of Kennels - Possible first reading of ordinance In dealing with recent complaints from residents regarding kennels within the City, it was found the existing ordinance does not adequately address the regulation of kennels. Attached is a copy of Chapter 27 of the Stillwater City Code. No provisions are made for non-commercial kennels, facility requirements, or revocation. Also attached are copies of kennel ordinances enacted by the cities of Coon Rapids and Mapleview. Recommendation: Direct staff to draft ordinance amending Chapter 27 of the City Code. CHAPTER 27 DOGS AND OTHER ANIMALS " .~ 27.01. DOGS AND OTHER ANIMALS Subd. 1. As used in this ordinance the following terms shall mean: 1. Owner: Any person, partnership or corporation owning, keeping or harboring animals, 2. Kennel: Any owner engaged in the business of breeding, buying, selling or boarding dogs; , provided that such owner customarily owns more than three (3) dogs over six months of age. 3. Pet Shop: Any owner engaged in the business of breeding, buying, selling or boarding animals of any species. 4. Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals, 5. Animal: Any nonhuman living being, domestic or wild. 6. Animal Shelter: Any premises designated by the Council for the purpose of impounding or caring for animals held under authority of the ordinance. 7. At Large: At large shall be defined as off the owner's premises and not under the control of the owner or a member of his immediate family either by leash, cord or chain or similar physical restraint. Subd. 2. No person shall own, keep, harbor or have custody of any dog over six months of age without first obtaining a permit from the City. Applications for permits shall be made on a form , prescribed by the city which form shall set forth: 1. The name and address of the owner. 2. The name and address of the person making application, if other than the owner. 3, The breed, sex and age of the dog for which a permit is sought. No permit shall be issued to any person other than the owner except upon ofthe owner's written request. Subd. 3. Permits shall be valid for a period of one (1) year, commencing May I and expiring April 30 of the year next following; and, except as hereinafter provided, shall be issued only upon payment of the following annual fees to the city: 1. For each male or female dog $5, Chapter 27 - Page 1 . . . . . .. 2. Fo.r "'uy kennel or pet shop, covering all dogs.kept during the year $50. Permits may be issued during any of said one year periods upon payment of the applicable foregoing fees; provided that the fee in Subd. 3 (I) shall be prorated on the basis of the number of months remaining in any such period. For this purpose fifteen (15) days or more shall be construed a full month, Subd. 4. Upon issuing each such permit, the city shall provide the owner with a metallic or durable plastic tag, stamped with an identifying number and with the year of issuance, which in the case of permits issued during any of the aforesaid one year periods shall be the year in which the preceding I month of May shall have fallen. Such tag shall be so designed that it may be conveniently and securely fastened to a dog collar or harness and shall be fastened to the dog's collar or harness by the owner and shall be worn at all times when the dog is off the premises of the owner. The city shall keep and maintain an accurate record of identifying numbers which shall be open to public inspection. Subd.5. No animal shall be allowed to run at large. Subd. 6. It shall be the obligation and responsibility of the owner or custodian of any animal in the City to prevent such animal from committing any act which constitutes a nuisance. It shall be considered a nuisance for any animal to habitually or frequently bark or cry, to frequent school grounds, parks or public beaches, to chase vehicles, to molest or annoy any person if such person is not on the property of the owner or custodian of such animal or to molest, defile or destroy an any property, public or private. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall be a violation of this ordinance. Subd.7. Unrestrained animals may be taken by any officer and impounded in an animal shelter. Impounded animals shall be kept for not less than three (3) days unless reclaimed by their owners. If by a permit tag or by other means the owner can be identified, the Chief of Police shall immediately upon impoundment notify the owner by telephone, mail or personal contact of such impoundment. Animals not claimed by their owners within three (3) days shall be humanely disposed of by any person or agency delegated by the Council to exercise such authority. Subd.8. Impounded animals may be reclaimed by;their owners after payment is made to the city of a pound fee of $35. In addition, no animal may be released to its owner without the owner first having secured any license required for that animal in the City. (Ord #752 Adopted 1-21-92) Subd. 9. Notwithstanding the provisions of Subd. 7, if an animal is found at large and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such case, however, proceedings may be taken against the owner for violation of this ordinance. Subd. 10. Every female animal in heat shall be confined in a building or other secure enclosure, in Chapter 27 - Page 2 . such manner that the female animal cannot come into contact with another animal, e:...tept for planned breeding. . . Subd. 11. No owner shall fail to provide any animal with sufficient food and water, proper shelter and veterinary are when needed. No person shall beat, cruelly treat, tonnent or otherwise abuse any animal or cause to permit any dog fight, cockfight, bullfight or other combat between animals or between animals and humans. No owner of an animal shall abandon such animal. Subd. 12. Any animal which bites a person shall be quarantined for such time as may be directed by the Council. During quarantine the animal shall be securely confined. At the discretion of the council the quarantine may be on the premises of the owner; however, if the council requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, it his own expense, place it in a veterinary hospital. Subd. 13. No person shall kill or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed. Subd. 14. The Mayor with the consent of the council may from time to time appoint such persons as may be necessary to assist the police in the enforcement of this ordinance. Such persons shall have police powers and no person shall interfere with them in the exercise of such powers. Subd. 15. The sections of this ordinance requiring a permit shall not apply to nonresidents of the City provided that dogs of such owners shall not be kept in the city longer than 30 days without a pennit and shall be kept under restraint. . 27.02 DANGEROUS ANIMALS PROHIBITED. Subd. 1. No person shall harbor, maintain or control any dangerous animal within the City. A dangerous animal is one which is capable of inflicting severe bodily harm to humans, and shall include but not be limited to the following species: A. Class Mammalia i- African Buffalo (Syncerus caffer) Hippopotamus (Hippopotamus amphibius) Wolves, dingos, jackals, all species except foxes (Family Canidae) Fyenas, all species except aardwolves (Proteles cristatus) (Family Hayaenidae) Wolverine (Gulo gulo) Honey badger or rate I (Mellivora campensis) Old world badger (meles meles) Chapter 27 - Page 3 . . Classification # 2)C)E)1 Date l)ec- 3 l \qq \ INFORMATION SERVICES League of Minnesota cities 183 university Avenue East ~st: Paul, MN 55101-2526 , ,:2.,".o.,~ AN ORDINANCE REVISING THE KENNEL LICENSING REQUIREMENTS AND FEES. AND THEREBY AMENDING REVISED CITY CODE .1982 CHAPTER 6-200 The City of C--' Rapids does ordain: " Seetlon " Revised City Code' 1982 Chapter 6- 200 Is hereby amended as follows: - (Deletions In brackels, addilions bOldface) CHAPTER 6-200 KENNELS ..201 APpllability of Chapler $0100. The p~o- viSions of Chapler 5-100 shall IIpply to the .s- suance of licenses hereunder 10 Ihe extenl ap- plicable. ..202 Declllr.tlon of Nuis.nc., BecllUse the keeplno of three (3) or more dOIs.cats. or any combln.tlon thereof. 'OR the same premises Is subject to gr.al .buse. c.usino discomfort to persons In the .rea. by way of smell. noise. hazard. and general aesthetic depreclalion. .nd lIec.vse tile Irresponsibl. m.lnteRllnc. of three er m.... .nim.ls within . residenli.1 .r.1I has beefl th. _rc. of II vllri.ty of complllintl. the keeplno of three (3) or more dOIs. cals. ~r an,y combination thereof. on _ (1)' prem.ses .s hereby declared 10 be a nuisance. . ..203 (Definition. :rhe keeping of three (3) or more dOIs. catS or any combl""tlon thereof. on the same premises. whelher owned by Ihe same .. or not and whatever purpose kept. shall litute a "kennel"; except that a fresh litter ps '01' kittens may be kepI for a period of ee (3) monthS before such keeping shall be deemed to be a "kennel."1 Definitions, For th. purposes of this chapter th. following d.lini- tlonuhall.pply: ' (1) "Commercial kennel" means . plllce where more than two dogs. c.ts. or IIny com. _ ~ bin.tion thereof .re kept for the business 01 ; sellin,. boiIrdln, lor II lee. breeding lor sal.. or . some other enterprise intended prim.rlly lor profit "'.klno purposes. The t.rm "commercl.1 kenn.I" s/lil1I Include pet stores. but shall not Inclvcle pet ,roomln, shops or .nlmlll hosplt.ls. (2) "HobbY Kenne'" mellns II plue where mort tIlen two dOIs. c.tI. or .ny comblftlltlon tller..f over six monthS. of II'. .r. kept which ctoes not constltut.. commerci.1 kenn.l. 6.204 License Required. NO person shall keep or mlllntllln II comm.rcl.1 or hobIIy kennel In tile City excepl upon oblainlno II Ikennel) IIc.nse from tile City Council, comm.rcl.1 kennel licenses sh.1I only be ,rllnted In tile Community Comm.rcl.1 or Gen- .r.1 Comm.rclal Ion In, dlstrim. IThe fee for such license shall be $<17.00 per yellr or any part thereof. and no fees required by Chapter "'00 shall be paid for any animals kept In such ken. nel. All oth.r provisions of Chapter 6.100 shall apply. The license fee lor applicants 65 years of age or older shall be 50 percenl of the fee herein provlded.1 I Revised 11/27/90. Ordinance No. 13571 ' ..205 Appllatlon. In addition to such informa' tlon as the City Clitrk may require pursuant 10 City Code Seeton;, 5-102. the application shall contain the followA'll: . (1) Wh.ther the license is lor commerci.1 or hobIIy purposes, " , (2) The locallon of Ihe pr.mises of Ihe kennel .Ion, wilh Ih. home .nd work telephon. numbers of th. licensee IInd on. olher person .:Who could be conl.cled in Ih. .bsenc. of Ih. Icens.., ((2)1 U) The maximum number and species of adult dogS. cals. or combination thereof, 10 be kepI on the premises. The term "adull". .s useel ......in. _II includ. .ny .nlm.1 over Six months of ..., Subject ~pldc::, Municipality L(:C)(\ ((311 (4) A site plan ShOWing lhe location. sile. ~ type of all structures for housin9. lenc' lno. and runs lor d09s, If ltle licen.. is for cals. tile plan need shOw only ltle location. size; and type of structures for housing. Separal. houslno and runs 10f' dogs shali be . minimum 01 50 feel from any neighboring habitable dwelling and a minimum of len (10) feel from any properly line. If the dOIs andlor cats are 10 be kepI tlI'lmarlly within (the home orl A bulidlnglof . nsidenc. of the IIpplicanll. lhe .pplicanl shali JU!M!L ' , . (5) Wlleth.r th.. appliCllnl .nlicipllles ....HClin' ltle IInimllls .nd. if so. how oll.n IInd the expected size of ltle litt.rs. [(.) I (6) The method 10 be used 10 keep premises in a sanitary condition, [(5) J (7) The melhod to be used 10 keep Ihe animals qulel, 1(6)1 (II An agreemenl by the appllcanl Ihal ltle premises may be inspecled by lhe City at all reasonable times. 6.206 Issuance and Condlllons. The City Clerk shall refer the application to lhe Council, The Council shall conduct a public hearlno II re- quired by the City Code Chapler "600. The Is- suance 01 a license shall be within the discretion of the Council. In making such determination. the Council Shall lake inlo consideration lhe fol. lowing: adequacy 01 housing and runs for lhe animals; ltle methodS to be used lor sanitation and 10 malnlan qulel; the qua lily IInd hei9hl of the fencing; and. with particularity. any violal. ions during the previOUS license period. if ap- plicable, The Council may Impose such condi- tions as il Shall deem necessary and ap- propriate to carry oul Ihe Intent of Ihls Chapter, Notwilhstllnding IIny provisions of Ihis chllpler to Ihe conlrary. the City Council mllY issue II Hobby Kennel License in . residentllll zoning district ., the commercllll kennel lee rat. withoUI regard to the number of IInimllls. provided lhat the property on which Ihe kennel Is lonled is ., ItilsI five .cres in sile and the Council Iinds Ihat the proposed oper.tion will , not IIdversely IIl1ect surroundin, properti.s, 6-207 R.voutlon. If a license fails 10 comply with Ihe stalemenls made in lhe application or wilh any reasonable conditions imposed by the Council, Of' viol ales any other provision Of this Chapler. the licensee shall be notified by mall and given len nO) days to remedy any defects or defaulls. If such condition be not remedl~ in said len nO) days. lhe Council may revoke Ihe license in accordance with the provisions 01 Seclion 5.108. , 6-208 Un'lIwful Acts. II shall be unl4wful for any licensee to dO or permil any of the follOW' 'ing: (1) Allow any of lhe dOIs 10 run al large on any slreel 'or public property or lIfty private property not owned by the licensee or under Ihisl th.llc.ns..'s conlrol. (2) Allow the premises I.. be kepI in an un. sanitary or unhealthful condition. (3J Burn offal orwasle, (.) Allow Ihe animals 10 bark. yelp or fighl so as 10 dislurb the neighbOrhood either nighl or day, ' (5) Allow .ny of the animals 10 bile or scralch anyone lawfully on or off the premises, (61 Maintain IIny animals In such manner as to create a nuisance by way of noise. odor. or otherwise. (7) 5.11 or caus. 10 be sold any dog or cal wilhout first providing Ihe purchllser with wril- len c.rlillalion as 10 th. ori,in of the anim.l. '-209 T II'S, Lic.ns..s shall IIlfix .n lcIenllficlI. tion la, 10 all dOlls .nd uti owned by or under the conlrol of tile licensee, SVch lcIenlifiution ta,s s/lil1I al . minimum conlllin the nllm.. .d. dress IInd t.lephone number olllle lic.nsee. '-21' R.bies V.cciftlllion, A licens.. shall c.use .very dOl .nd/or c.t in the kennel 10 be v.cclftllled by . licensed velerinary sur,eon , with .nti-rables v.ccine. Puppies IInd kltt.ns shllll be so vaccinated .t or before Ihe IIge 01 sixleen weeks IInel .,ain al Ih. IIg. 01 one year. Adull IInimals shall be so vllccln.,ed al least once In very 24 monlh period or ill often as nHCIed under lhe type of v.ccine used 10 ensure Immunity. '-211 License Fees, The I.es for kennel license shllll be ill lollows: (1) Commercilll License - $47,00 per year or , .ny p.rt Ih.reof, (2) Hobby License 535.00 per y.ar or IIny part th.reof lor three ' clo,s. cals. or any combination th.reol, $4.00 per IInlmll' for four 10 six dogs .ndlor ats. ' 57." per .nlm.11or HC" d09 or c.t In excess Of six. Thellc_ f.. for .pptlam ov.r U yurs of .ge shall be 5IM of the fee otherWise "".""Ided ..~. ---'+---.--:...--- ... for ller".. '-212 ,"_Itles. Any person who m.lnt.ins . kenn.1 without first obt.lnln, . Ilcens. llIerefor. s/lil1i be ,ullty of a mlsdeme.nor. Inlroduced and read in full on firsl reading the61hdayof November. 1991, Adopled on second reading the 3rd day of December, 1991~ .s. Richard S. Reiter Richard S. Reller. Mayor ATTEST: -s- Betty Backes. CMC Betty Backes. CMC. City Clerk abcdef9hi lklmnopqrstuvwxYI Published in Coon Rapids Herald Dee, 6. 1991 ./ " AN ORDINANCE ~",r'"",~..,~ \ ORDINANCE NO, S93' . : "ESTABLISHING REGULATIN. G THE OPERATION OF DOG ( KENNELS WITHIN THE CITY . OF MAPLEVIEW -AND ESTABLISHING LICENSE FEES AND REGULATIONS IN CONNECTION THEREWITH:" Be it enacted by the City coun. cll of the City,of Maplevlew as I follows: .. Section 1. For the purpose of i "[ this ordinance. the term "kennel" I. means any place. building. tract' of' land. abode or vehicle. wherein or whereon three or more dogs or cats. or combination. over ninety (90) days of are age kept. kept for sale. or boarded. section 2. All persons residing In the City of Mapleview who own or I maintain a kennel. or are engaged , in the business of breeding. boar' 1 ding. training of dogs or raising of ! dogs shall procure a kennelllcen- I se. \ It shall be the duty of the City Clerk to register the name and ad. ..', , dress of each kennel license, only' :1 one kennel license shall be issued '7 for anyone address within the City, Said kennel license shall not be transferable. A kennel licensee shall main- , taln and keep dogs owned by him. , or under his custody. so that they do not become a Public Nuisance. or a manace to health. all dogs' owned. possessed. kept or har. bOred by kennel licenseeS. In' eluding any dogs which are in his tflmporary custody for boarding \ or training. shall.at all times be , kept confined and under the 1m' mediate supervision and control of said kennel licensee, The ken' nel Licensee shall at no tilN! suf' . fer or permit any dogs to be or run- ~ at large within the City Limits of ' the City of Mapleview. "':-. Section 3. No person shall own. keep. keep for sale. board. i possess or harbor for more than 30 days more than 3 dOgs over the" age of 90 (90) days unless he shall - first have secured a kennellicen' \ seaspr~idedfOrherein; . Section 4, The annual license fee for a kennel license from and____ after April 27 . 1983. 'shall be S100.00peryear. i Section 5. Any person wanting to own. operate. or maintain a kennel shall have facilities con. slsting of a reasonable board and adequate water supplY. out door fenced runnirig area condition of not less than (90) ninety square feet per doq, - kept, shelter of adequate size. constru'Ction. cleanliness and insulation for the number of and type of dogs. or cats. kept; and that such con. ditions of the kennel shall be ap' proved by the City council prior to the issuance of the license, 3 Section 6. Any violation of this 'I ordinance shall be a I' misdemeanor. punishable as, such. ' Section 7. In addition ot the crimimal pl!naltieS provided herein. the City may enforce this ordinance by obtaining a court or. der requiring the person violating i said ordinance to discontinlJe his ownership keeping. possessing. or harboring of dogs in violation of ;' this ordinance and may further enforce the same bY ob'ainin~ a ' court order requiring the pollee officer or dog catcher of the City , '0 remove dogs from the premises' , of any person violating this or.' \ dinance. which dogs are being' kept in violation of this ordinance. and the selection of this en. forcement method may be used in addition to. or separate from the ! criminal penalties provided for herein, ' All ordinances and parts of or. dinances inconsistent herewith are hereby repealed. Passed by the City council this 27th day of April. 1983. Kenneth R. Nash Kenneth Nash. Mayor Anest: Audrey V , Larson, Clerk'Treasurer SEAL INFORMATION SERVICE League of Minnesota Cities 183 University Ave E. St. Paul, MK 55101 ", " ,-, (, .. " May9.1983 abcdefghi i k 1m nopqrs tuvwxyz 50t:$/' ~1l1A . ',:0:: . I" . . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: November 30, 1994 RE: PROPOSAL TO UPGRADE GIS SYSTEM AND PROCEDURE ZONING/ADDRESS MAP AND PROPOSED LAND USE MAPS The planning department with assistance from Insights Mapping, has developed a GIS parcel based system for the entire city planning area. Approval of this proposal would result in the upgrading of the information to include an address record for all parcels and to print 36 x 57 inch or 24 x 36 inch full color zoning, street and address maps. These address maps can be used by the planning, finance, police, fire and water departments to identity specific residential or commercial sites, to direct operations or respond to public questions. A secondary benefit of this work is the GIS information and map would be available to the public works department for possible updating and use. A second item in the proposal, is to prepare a proposed land use map for the comprehensive plan update process. These maps will clearly indicate land use and can be used to implement zoning changes. There is money in the planning budget for this project. Recommendation: Approval of proposal and agreement for services (resolution). Attachments: Proposal for services, Insight Mapping. .I!!I!I!II INSIGHT l!I!lill MAPPING 11111;1. gj & Demographics, Ine. . 11122/94 Steve Russell Community Development Director City of Stillwater Stillwater, MN PROPOSAL FOR PRODUCING ADDRESS MAP(S) FOR THE CITY OF STILLWATER AS PART OF THE ONGOING COMPREHENSIVE PLANNING PROCESS. Dear Mr. Russell, Insight Mapping & Demographics, Inc. is pleased to present this proposal to the City of Stillwater's Community Development Department as part of the City's ongoing Comprehensive Planning Process, This proposal includes the creation of an address coverage to be used in the City's ArcNiew GIS and for use as a base in creating updated Zoning and Proposed Land Use maps of the city. In addition, Insight Mapping will update the GIS parcel database with the current zoning and land use designations, and integrate this data into the cities existing GIS software. Project Scope: To facilitate a clearer understanding of the costs and scope of this project, I have broken it down into three parts: 1) creating an address text coverage that can be used as a base for other maps (zoning, land use, etc.), 2) creating a zoning map from the address base map, and 3) creating a proposed land-use map. ADDRESS TEXT COVERAGE: Insight Mapping will create a parcel address coverage from the City of Stillwater's GIS database using all addresses available. A street names text coverage will be added to the GIS database for this project. Any addresses identified by the City of Stillwater that were missing from the GIS database will be mapped and added to the GIS database under the cost and terms of this proposal. One hour of corrections to existing addresses will be performed at no charge. Additional editing is not covered under this proposal and may be billed separately. ZONING/ADDRESS MAP: Upon completion of the address text coverage, Insight Mapping can produce a zoning map that shows parcel addresses. This map will be similar to the Stillwater zoning map produced by Insight mapping earlier this year, but it will also include the address for each parcel and the street names. 2855 ANTHONY LANE SmITH. SUITE B-15 . MINNEAPOLIS, MN 55418.612/788-4234 c " . . . .I' . . . II PROPOSED LAND USFJADDRESS MAP: This proposal also includes the production of a proposed land use map and GIS coverage for use in ArcNiew. This map will show proposed land uses as outlined as part of the comprehensive planning process. The map will utilize the traditional land use colors (residential = yellow, commercial = red, industrial = gray, etc.) The map will display parcel addresses unless otherwise requested. Required Data: The GIS database for the City of Stillwater contains over 4000 addresses for the 5000+ parcels in the city. Insight Mapping & Demographics has all the digital data needed to create the requested maps. However, nearly 1000 parcels do not contain addresses in the database. Determining missing addresses of parcels without addresses in the GIS database will be the responsibility of the City of Stillwater unless otherwise agreed upon. An updated zoning map (if necessary) and a proposed land use map should be provided by the city. These maps may be rough as long as they clearly show the zoning or proposed land use for each parcel. Deliverables: MAPS: Two 36x57 Zoning/Address maps and two 36x57 Proposed Land Use/Address maps will be produced in full color. Other sizes are available, however a 36x57 format will insure maximum legibility of the addresses. DATA: Insight Mapping will provide the City of Stillwater with the address text coverage, the street name text coverage, and the updated parcels database in Arc/Info export format. The parcels database will include any changes made to the zoning as well as the proposed land use. These files will be excellent additions to your existing Arc View databases. The map files (graphic files) used to recreate the maps are the property of Insight Mapping & Demographics, Inc. and may be purchased separately. DATABASE INTEGRATIONffRAINING: Insight Mapping will also provide the City of Stillwater with up to four hours of database integration and/or training in ArcNiew (1 or 2) at the City offices. Services Will included merging the new data into the existing GIS located in the Community Development Department, demonstrating the use of the new data, and addressing any questions or concerns regarding the data or the use of the GIS software. This should all be accomplished in one visit. If the visit takes less than four hours, the remaining time may be used for free phone consultation at the convenience of Insight Mapping and the City of Stillwater. Cost: The following costs are good through December 31, 1994: A) Creating the Address text coverage and updating missing addresses as supplied by the City of Stillwater: 53,200.00. B) Creating two 36x57 full color zoning/address maps: $620.00 (includes printing). C) Creating two 36x57 full color proposed land use/address maps: $1,300.00 (includes printing). D) Database Integrationffraining: $200.00. Total Proiect Cost: $5.320.00 Procedures & Time Line: Insight Mapping will produce a draft copy of the requested map( s) three to four weeks from the receipt of the required data. The maps should be proofed by the City of Stillwater for mistakes. Missing addresses should be identified and added to the draft map(s). Incorrect addresses should be identified and corrected on the draft maps as well. After they are returned, Insight Mapping will then correct any mistakes or errors that were our responsibility at no charge. Errors in zoning or proposed land use designations will also be corrected at no charge. Insight Mapping will add all missing addresses to the map and the GIS database. One hour of corrections to the existing addresses will also be performed. Any additional corrections will be billed separately at $80.00Ihour. The final copies will be finished two to three weeks after the draft map has been returned to Insight Mapping. Billing: The City of Stillwater will be billed at the end of each month during the span of the project. Alternative billing arrangements may be made ifnecessary. Thank you for this opportunity to present the City of Stillwater with this proposal. If you have any questions, please call me. I hope to hear from you soon. Sincerely, j~~ Jerry Happel GIS Project Manger " , . . . .. 1 " LIST OF BILLS . EXHIBIT "A" TO RESOLUTION NO. 94-301 A T & T Long Distance 56.45 Amdahl, Chris Cut Keys-Forfeiture Vehicle 52.00 Arndt, Harriet Election Judge-General Election 93.00 Aspahlt Specialties Company Road Work-Pioneer Park 2.400.00 Aspen Company Door Holder Cylinders 42.60 Bergfalk. Robert Election Judge-General Election 93.00 Beru be, Bette Election Judge-General Election 120.25 Bourdaghs. Robert Election Judge-General Election 106.50 Burnett, Betty Election Judge-General Election 102.00 Camiros Comp Plan 3,661.29 Casanova, Stella Election Judge-General Election 106.50 Clarey's Safety Equipment Face Shields 100.00 David, Bill Stump Removal 150.00 Deblon. Diane Health Insurance 334.31 Demoski, Merelyn Election Judge-General Election 96.00 Desch, Mark & Gloria Parking Lot Lease/Maint 742.30 Duncan, Evelyn Election Judge-General Election 96.00 Ecolab Pest Elimination Services 218.33 Fabbrini, Sally Election Judge-General Election 93.00 Falde, Helen Election Judge-General Election 123.50 Falde, Norman Election Judge-General Election 93.00 Gall's Inc Helmet Crescents 32.88 Glaser, Paul Boiler Engineer 375.00 . Goldberg, Helen Election Judge-General Election 93.00 Heath Consulting Service Computer Programming 40.00 Helston, Carolyn Election Judge-General Election 93.00 Holmberg, Mary Election Judge-General Election 96.00 Hudachek. Ruth Election Judge-General Election 108.00 Johnson, Jeanette Election Judge-General Election 96.00 Johnson. Beatrice Election Judge-General Election 154.50 Johnson, Ronald Data Cartridges 63.88 Junker Sanitation Garbage Bags Sold 2,415.00 Junker. David Tarp/ Abstract 32.00 K Mart Binders/Film 60.90 Kangaroo Self Storage Storage Locker 88.00 Kimball Midwest Repair Parts 135.77 Klatt, Betty Election Judge-General Election 96.00 Kress, Mary Jo Election Judge-General Election 93.00 Kriesel, Nile Meals 12.00 Lawson Products Nuts/Bolts/Drill Bits 123.50 Legislative Associates Consultant Services 500.00 Lind. Leslie & Gladys Land Purchase 927.00 Lueck. Thelma Election Judge-General Election 93.00 Lundberg, Corrine Election Judge-General Election 93.00 Lynch. Dorothy Election Judge-General Election 96.00 Mac Queen Repair Parts 39.11 Martin. Harriet Election Judge-General Election 102.00 MN Bookstore 1994 Statutes 191. 70 MN Cellular One Mobile Phone 155.51 . Murphie-Lacy, S Judith Election Judge-General Election 118.63 Northern States Power Street Lighting 11,074.22 .. . Office Electronics Inc Computer Paper 178.74 Pike. Jeris Election Judge-General Election 108.00 Plancon, Anne Marie Election Judge-General Election 93.00 Polehna, Joni Election Judge-General Election 96.00 Renfrow, Shirley Election Judge-General Election 120.25 Rheinberger, Joe Election Judge-General Election 110.50 Rheinberger. Marguerite Election Judge-General Election 90.00 Rice, Judy Election Judge-General Election 12.00 Ristow. Melanie Election Judge-General Election 108.00 Ritzer, Julie Election Judge-General Election 108.00 Roettger. Carol Election Judge-General Election 108.00 Rossini. Pat Election Judge-General Election 96.00 Russell, Stephen Mileage/Meals 10.00 Ryan, Eleanor Election Judge-General Election 96.00 Rydeen. Lorraine Overpayment-LI 285 14.71 Schwalen. Helen Election Judge-General Election 160.50 S hiely Sand 204.90 St Croix Drug Company Collection Fees 10.00 Steveson, Mary Jo Election Judge-General Election 110.50 Stillwater Gazette Publications 634.21 Stuart. Margaret Election Judge-General Election 96.00 Swager, Delores Election Judge-General Election 110.50 Taylor. Nancy Election Judge-General Election 108.00 Tower Asphalt Pay #2-LI 296-300 268,073.55 Turnblad, Gretchen Election Judge-General Election 96.00 . Village Brass Plaques 21.27 Wal Mart Telephone Cords 16.84 Wash County Information Services Plat Parcel Books 441.50 Weiss, Colleen Election Judge-General Election 96.00 Weiss, Kim Election Judge-General Election 96.00 White Bear Dodge Repair Parts 15.73 Wildseed Farms Wildflower Mix 283.50 Woltman, Marlene Election Judge-General Election 130.00 Wood, Monroe Steel Toe Boots 69.58 Yocum Oil Fuel Oil 115.65 MANUAL CHECKS-NOVEMBER 1994 Blue Cross/Blue Shield Monthly Payment 6,495.63 Concept Enviromental Services Enviromental Study 1.395.00 Firstar Bank Replensih Patty Cash 109.62 Junker Sanitation Monthly Payment 89,810.56 Knagaroo Self Storage Storage Locker 108.00 Legislative Associates Consultant Services 500.00 Marquette Hotel Room Deposit-Bodlovick 107.52 MN Department of Revenue Sales/Use Tax 11.321.00 MN-WI Boundary Area Com Conf erence- Elliot/Foster 40.00 Mps Convention & Visitors Assn Surcharge 35.00 U S Postmaster Postage-Meter 1.000.00 Washington County Recorder Recordering Fees 22.00 . . . . ADDENDUM TO BILLS A M E M ACE Hardware Aero Asphalt American Linen Supply ATEC Associates B M S Integrated Office Tech Buell's Inc Car gill S al t Earl F Anderson Egghead Software Erickson Post Firstar Ban k of MN Hoffman Refrigeration Honsa Lighting Hooley, Charles Huntingdon Images of Paste & Present Inland Utility Company Krisel, Nile Lake Country Chapter Lawson Products Legislative Associates Magnuson, David Metropolitan Waste Control Com MN Chief of Police Assn MN-WI Boundary Area Commission Nortern Air Northern States Power Peltier, William Price, Monica R & T Specialty Reichow, David Rose Floral Safety Kleen Sansers, Wacker, Wehrman, S hiely S hort- Elliot-Hen d rickson Shorty's Snyder Drug St Croix Car Wash Stillwater Landscaping Stillwater Motors Stillwater Towing T A Schifsky U S Postmaster Uniforms Unlimited United Building Center Valley Trophy Warning Lites Washington Co Central Services Washington County Public Works Watson, Dennis Wear Guard Memebership-Glaser, Stuart Miscellaneous Supplies Payment #2-LI 290 Towel Service Enviromental Study-N 3rd St Maintenance Agreement Tress/Landscaping-Benson Park Salt Signs Lotus 1-2-3 Gasoline/Diesel Interst Furnace Repair Lights Airfare-Dr Grimson Cylinder Tests_LI 284 Slides Payment #3-LI 302 Document Frames Code Book Updates Repair Parts Consultant Services Legal Services SAC Permit-Purchase Firearms Conference- Russell/Terwedo Service Call-Hooley Building Gas/Electric Back Belts Mileage DARE T-Shirts Meals Flowers-Schultz Maintenance Agreement Bergly Landscape Arch Services Sand Engineering Serives Laundry Film/Batteries Car Washes Fence Repair Parts Towing Services Aspahlt Bulk Mailing Fee Uniform Supplies Cement Plaques Barricades Paper Payment #8-McKusick Road Programming Services Shirt/Trousers/Coveralls 20.00 436.31 87,846.24 27.70 11,683.85 75.00 4,963.21 1,190.63 92.32 95.83 3,796.37 4,441.80 575.00 190.31 966.00 88.00 6.37 23,911.38 22.30 250.00 333.37 2,297.00 9,129.66 6,147.90 22.74 40.00 237.50 7,588.69 60.00 19.50 774.37 5.22 26.18 125.14 6,147.50 824.59 11,540.37 87.65 73.19 12.75 3,800.00 153.16 62.93 141.24 75.00 43.32 59.27 256.51 451.93 210.83 24,486.40 442.50 265.40 .' . . . . Weldon, Morli Wybrite Mileage/Parking/Meals 37.37 Computer Maint Agreement 241.00 Adopted by the City Council this 6th day of December, 1994. APPROVED FOR PAYMENT TOTAL: 626,561.19 -------------- -------------- ~ ~ . . I. STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION In the Matter of the Petition of Northern States Power Company (Electric Utility) for Approval of an Annual Recovery Mechanism for Conservation Improvement Program Expenses Docket No. E002/M-94-1016 SUMMARY OF FILING Please take notice that on October 28, 1994, Northern States Power Company (Electric Utility) ("NSP") filed with the Minnesota Public Utilities Commission its petition for a miscellaneous rate change approving the implementation of an annual recovery mechanism for Conservation Improvement Program (CIP) expenses. NSP also requests approval of a proposed rider to its tariff sheets and requests a variance from the Commission's billing content rules and its fuel adjustment clause rules, Minn. Rilles 7820.3500 and 7825.2600, respectively, to permit a revised billing fonnat. The proposed adjustment clause, permitted by Minn. Stat. 216B.16, subd. 6b, is designed to recover through electric rates the increased investment by NSP in customer energy conservation programs which is not collected by current prices. The effect of the proposed change in jurisdictional electric rates would be an increase sufficient to recover an additional $10,580,747, or 0.75 percent, in 1995. NSP proposes to implement the adjustment clause on its electric bills effective January I, 1995. . ~ l STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION . In the Matter of the Petition of Northern States Power Company to Establish an Electric Rate Discount for Certain Low-Income Customers Docket No. E002/M-94-925 SUMMARY OF FILING Please take notice that on October 5, 1994 Northern States Power Company ("NSP") filed with the Minnesota Public Utilities Commission ("Commission") its petition to establish an electric rate discount for certain low-income residential customers. The proposed discount is required by Minn. Stat. Sect. 216B .16, subd. 14 (1994). In general, electric residential customers who are receiving assistance from the federally funded Low-Income Heating Energy Assistance Program ("LIHEAP") will receive a discount equal to one-half of their energy charge each month for usage up to 300 kWh per month. The total amount of discounts for the first year is estimated at $6,084,000. NSP is proposing to recover this revenue loss by elimination of the Conservation Rate Break and by an increase in charges to residential electric . customers, effective January 4, 1995. The increase in charges would be accomplished by a one time increase in the energy charge of 0.02 cents per kilowatthour or by use of an automatic adjustment mechanism through which the rate surcharge would be reconciled with actual experience and readjusted annually for projected future changes. If the automatic adjustment mechanism is selected, the increase would be combined with the existing fuel adjustment clause on the bill in a "Resource and Tax Adjustment Clause". . j . . . ,. NO V IJ 719f14. STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION In the Matter of the Petition of Northern States Power Company-Gas Utility for Approval of an Adjustment Clause for Property Taxes, Fees and Permits Docket No. G002/M-94-919 SUMMARY OF FILING Please take notice that on October 4, 1994, Northern States Power Company- Gas Utility ("NSP") filed with the Minnesota Public Utilities Commission ("Commission") its petition for approval of an adjustment clause for property taxes, fees and permits applicable to its Minnesota jurisdictional gas operations. The proposed adjustment clause is permitted by Minn. Stat. Section 216B .241, subd. 2b. NSP proposes to implement the adjustment clause on its gas bills effective January 3, 1995. The proposed adjustment clause is designed to recover through gas rates an amount equal to the underrecovery in property tax expense between NSP's 1993 test year and NSP's projected 1995 expense and annually each year thereafter. The total increase in revenues and rates for 1995 is estimated at $1,855,270. Each year the adjustment would be reconciled with actual experience and readjusted for projected future changes in sales or expenses. The revenue increases resulting from the clause would be allocated to customer classes based on their class cost of service factors and to customers within each class by class sales, and would apply to all usage beginning January 3, 1995. The new adjustment would be combined on gas bills with the existing purchase gas adjustment clause in a "Resource and Tax Adjustment Clause". " , .. STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION . In the Matter of the Petition of Northern States Power Company (Electric) for Approval of an Adjustment Clause for Property Taxes, Fees and Permits Docket No. E002/M-94-915 SUMMARY OF FILING Please take notice that on September 30, 1994, Northern States Power Company ("NSP") filed with the Minnesota Public Utilities Commission ("Commission") its petition for approval of an adjustment clause for property taxes, fees and permits applicable to its Minnesota jurisdictional electric operations. The proposed adjustment clause is permitted by Minn. Stat. Section 216B.241, subd. 2b. NSP proposes to implement the adjustment clause on its electric bills effective January 1, 1995. The proposed adjustment clause is designed to recover through electric rates an amount equal to the increase in property tax expense between NSP's 1993 test year and NSP's projected 1995 expense and annually each year thereafter. The total increase in revenues and rates for 1995 is estimated at $16,560,794. Each . year the adjustment would be reconciled with actual experience and readjusted for projected future increases. The revenue increases resulting from the clause would be allocated to customers based on their respective revenues and would apply to all usage beginning January 1, 1995. The new adjustment would be combined on electric bills with the existing fuel adjustment clause. . . . . December 1, 1994 The Honorable Mayor and Council Members City of Stillwater Stillwater City Hall Stillwater, Minnesota 55082 Dear Mayor and Council Members: I am pleased to report that plans are well underway for Lumberjack Days '95. Our dates are tentatively July 21 through July 26. The Lumberjack Days '95 committee would very much like to include engine "328" in our plans for next summer. According to the contract that exists between the City of Stillwater and the Minnesota Transportation Museum, "328" will be made available during Lumberjack Days if a request is made for "328" to appear during the prior calendar year. (paragraph #3) Therefore, the Lumberjack Days '95 committee respectfully requests that the City draft a letter to MTM before the end of this month requesting that "328" be made available during Lumberjack Days '95. The requested dates for "328's" participation would be Friday July 21 through Sunday July 30, 1995. This schedule coincides with "MTM's" nine day appearance period. (paragraph #3). We are looking forward to making Lumberjack Days '95 a tremendous event for our community. Thank you. e Eckber Coordinator Lumberjack Days '95 P.O. Box311 Stillwater, Minnesota 55082 430-2306 J W ASIDNGTON_COUNTY Dannla C. Hagberg Dlatrlct 1 COUNfY BOARD AGENDA DECEMBER 6, 1994, 7:00 P.M. Mary Hauaar Dlatrlct 21Ch8Ir Wely Abfllh....on Dlatrlct 3 MYfll Pat..-on Dlatrlct 4 D.ve Engatrom Dlatrlct& 1. 7:00 ROLL CALL 2. CONSENT CALENDAR 3. 7:00 PUBLIC HEARING - H.E.L.M. DEPARTMENT - M. MCGLOTHLIN, DIR. AMENDMENTS TO SOLID WASTE MANAGEMENT ORDINANCE #110 4. 7:20 GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR A. SET LOCATION FOR JANUARY BOARD MEETINGS B. SET DATE FOR ANNUAL EMPLOYEE RECEPTION WITH COUNTY BOARD 5. 7:30 DISCUSSION FROM THE AUDIENCE VISTTORS AUT SHARE 7lfEJIl CONCERNS W111l77lE COflN1Y IIOARD OF COMMlSSIONERS ON ANT ITEM NUT ON 77lE AGENDA. 77lE CHAIR lmL DIRECT 77lE COflN1Y ADMIN/S1BATOR ro PREPARE RESPONSES ro TOUR CONCERNS. TOU ARE ENCOURAGED NUT TO BE REPEITllOUS OF PREVIOUS SPEAXDIS AND ro UMr1' TOUR ADDRESS ro FIVE M1NU1U. COKKISSIONER REPORTS - COMMENTS - QUESTIONS 7H1S PERIOD OF 71ME SHALL BE USED BY 77lE COMMlSSIONERS ro REPOKT ro 77lE FUlL BOARD ON COMMF/7F:E ACTIV1T1ES. MAKE COMMEN1S ON AU77EllS OF lN1'EREST AND INFORMA110N. OR RAISE (2UE3l10NS ro 77lE STAFF, 7H1S AC110N IS NUT INTENDED ro RESULT IN SUBSLtNTlVE BOARD ACIlON DURING 7H1S 11ME. ANT AC110N NECE:SStlRT BECtUSE OF DISCUSSION lmL BE SCHEDULED FOR A FUlVRE BOARD MEETING. 7. BOARD CORRESPONDENCE 8. 7:45 ADJOURN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEftIBG BMICBS Date eo...ittee Tiae Location Dec. 7 Dec. 7 Dec. 8 Dec. 8 Plat commission Legislative Pre-Session community social Services Adv. Resource Recovery Project Ex. Session: Performance Evaluation of Project Manager - Project Board Meeting Follows Internal Audit Advisory 9:30 5:00 7:30 10:00 a.m. p.m. a.m. a.m. Washington County Government Center Washington County Government Center Lake Elmo Inn 6989 55th st. N. suite C-Oakdale . 8 1:30 p.m. Washington County Government Center " you neH ...-. due hi di6abiJlry or __ bMrlar. plea. ca/l430-tlOO3 (roD 43!1-3220J EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR** DECEMBER 6, 1994 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION I~ A. APPROVAL OF THE NOVEMBER 15 AND 22, 1994 COUNTY BOARD MEETING MINUTES. B. APPROVAL TO AMEND POLICY #2103, MISSION DIRECTED BUDGETING - 1995 GUIDANCE. C. APPROVAL TO AMEND POLICY #1201, CONTRACT ADMINISTRATION GUIDELINES. D. APPROVAL TO AMEND POLICY #1006, DEPARTMENT HEAD PERFORMANCE EVALUATIONS AND MERIT PAY INCREASES. AUDITOR-TREASURER E. APPROVAL OF RESOLUTION, APPLICATION FOR PREMISES PERMIT FROM LAKES AREA RECREATION ASSOCIATION SCANDIA TO BE USED AT TRAILS END BAR & GRILL IN NEW SCANDIA TOWNSHIP. F. APPROVAL OF ABATEMENT APPLICATIONS FOR HOMESTEAD CREDIT AND APPROPRIATE CLASS CHANGES. COMMUNITY SERVICES G. APPROVAL TO APPOINT DONNA FOLSOM AND MIKE JANSE TO THE WASHINGTON COUNTY PRIVATE INDUSTRY COUNCIL. HEALTH, ENVIRONMENT & LAND MANAGEMENT, H. APPROVAL OF RESOLUTION SETTING 1995 FEES FOR PROFESSIONAL CONSULTATION, LICENSES AND PERMITS IN THE AREAS OF EMERGENC. MANAGEMENT, GENERAL ENVIRONMENTAL HEALTH, FOOD/BEVERAGE LODGING, SOLID AND HAZARDOUS WASTE REGULATIONS, BUILDIN INSPECTION, ON-SITE SEPTIC, AND LAND USE. PUBLIC WORKS I. APPROVAL OF H.E.L.M. DEPARTMENT DIRECTOR'S DENIAL OF SHAWN BERNIER'S REQUEST FOR EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE, IN ACCORDANCE WITH AFSCME PROFESSIONAL BARGAINING AGREEMENT ARTICLE XI, SECTION 11.3. J. APPROVAL OF RESOLUTION, FINAL PAYMENT TO ADVANCED CONCRETE, INC., IN THE AMOUNT OF $40,987, FOR SIDEWALK "REMOVAL AND PEDESTRIAN RAMP INSTALLATION ON VARIOUS COUNTY ROADS. K. APPROVAL TO EXECUTE THE LEASE AGREEMENT AMENDMENT FOR TILLABLE FARMLAND IN THE BIG MARINE PARK RESERVE WITH JOHN EDSTROM. L. APPROVAL OF RESOLUTION AWARDING THE CONTRACT FOR 1995 MOTOR VEHICLE FUEL SUPPLIES. M. APPROVAL OF RESOLUTION AWARDING THE CONTRACT FOR THE PURCHASE OF TRACTOR WITH FLAIL MOWER. N. APPROVAL AND EXECUTION OF AGREEMENT WITH THE CITY OF BAYPORT FOR THE CSAH 21 PRISON POND/PERRO CREEK OUTLET STRUCTURE CONSTRUCTION REIMBURSEMENT AND MAINTENANCE. O. APPROVAL OF RESOLUTION AMENDING THE PARKING FACILITIES POLICY FOR THE WASHINGTON COUNTY GOVERNMENT CENTER. e ."'C<maIt CaIcDdar items are ,cueraIly dcfmcd u itcma of routine buaiucaa. DOt requiring diacuaaiOll. and approved in OIIC vote, . CommiaaiOllCR may eIcct to pull . Coaaeot CaIcDdar itan(a) for cliJcuaaioa lDdIor separate actioa. . . '. ,. ~~mWWiID~@[f' [PlUl[Q)~D@ lD[Q)[f'(ID!I'W ~~~ [M@[(itlhl [F@lUl[f'~1hl ~~ll'@@~ ~~mWW(ID~@[f'9 !M[M ~~@~~ Board of Trustees Minutes November 7, 1994 Members: Childs. *Freeman. *Gorski. Kalinoff, Maybanks. Nelson. Ruch. Sandeen [Note name change from Engebretson to Sandeen] , Welshons, Director: Bertalmio. * Absent Note this special meeting was called to deal with Board business as there was not a quorum at the regular meeting of November 1. 1. Call to order: There being a quorum present the meeting was called to order at 7:02 PM by President Sandeen. 2, Adoption of the agenda: Motion to approve the agenda with the addition of items 5.A'. 6.H, and 6.1 (see below). Seconded. Passed unanimously. 3, Communications - None, Public Commentary - None. 4, Consent Calendar: Adoption of Minutes Payment of Bills Committee Reports Monthly Activity Reports Director and other Staff Reports* Project Summaries* *Handed out at meeting, Moved to adopt the consent calendar. including payment of bills in the amount of $5.862,67, Seconded. Passed unanimously 5. Old Business: A. 1995 Budget - Moved to approve. Seconded. Passed unanimously. B. 1994 Capital Expenditures - Moved to approve schedule proposed by Director. Seconded. Passed unanimously. C. Joint Board Meeting with boards from other associates of WCL and WCL will be held at Forest Lake on November 15. Noted. D. Other - None. .. . . . . , . 6. New Business: A. Public Sculpture [displays] on Library Lawn - City, contingent on approval by SPL Board and Historic Preservation Committee, has approved placement of a concrete pad on the SPL lawn for display of local sculpture. City will be sponsor and SPL the host. Questions of security and insurance [and probably others] remain to be resolved. Motion for APL to participate in the process. Seconded. Passed unanimously. [This is not intended to be final approval of the project.] A'. Arts Grant Proposal- Motion to direct Director to proceed with developing project on the subject of women's history in the Valley 1914-1970's. Seconded. Passed unanimously. , B. Arts Grant Fiscal Agency - Director noted that funding agencies require a fiscal agent for various fund-seeking bodies, that SPL has served as such an agent in the past, that the purpose of these bodies may not be suitably aligned with SPL, and that acting as fiscal agent does impose additional load on staff. Motion to authorize President Sandeen to sign on behalf of SPL for SPL to act as a fiscal agent for up to five such agencies; Sandeen to consult with Director as to suitability and staff considerations. C. Board Terms and Reappointments - Director will start the process for dealing with same. D. Holiday Party - Motion to hold no holiday party in 1994. Seconded. Passed unanimously. ' E. 1995 Holiday Closing Policy - 'WCL has noticed that our closings do not coincide with their closings. Following discussion SPL could see no reason to change their policy. F. Truth in Taxation Hearing November 29 7:00 PM. Ruch and Sandeen plan to attend. G. Policy Review: Sexual Ha~assment and Personnel Policies. Nelson noted that the ADA will require changes in our policy. Director will seek advice. H. Memorial to Sue Collins - Staff wishes to do something at the Library. Noted. /. On the Question of Copying from the SPL CD-ROM Installation - Copying from CD-ROM to printer was plan. Ruch noted that printers are high maintenance items and he discouraged it. Proposed to copy from CD-ROM to user's diskette found considerable support. Noted that this machine is dedicated to this application so a virus should not be a particular problem.' Director posed the question of SPL selling diskettes, but this was not resolved. J. Other - None. 7. Second Reading of Proposed By-Laws Change: Proposed new version of Article I Section 1. Meetings was read. 8. Adjournment - , Agenda items being completed and no other business being before the Board President Sandeen adjourned the meeting. I MEMORANDUM TO: Mayor and City Conncil FROM: City Coordinator SUBJECT: Update on Commission Appointments DATE: December 2, 1994 The following is some updated information pertaining to the membership and terms of the various COtnmlSSlons: Library Board There are three expiring terms as follows: Mary Ann Sandeen Sue Nelson Lois Welshons W-l W-4 W-2 (end of second term) (end of fIrst term) (end of second term) (note: a ward balance exists on the Library Board; W-1 = 2, W-2 = 2, W-3 = 3, W-4 = 2) It is my nnderstanding that Ms, Sandeen and Ms, Nelson wish to be reappointed per Board recommendation and that Ms, Welshons cannot be reappointed because of term limitations, PlaIlIling Commission There are two expiring terms as follows: Rob Hamlin Darwin Wald W-2 W-3 (end of second term) (end of fIrst term) (note: a ward imbalance exists on the Planning Commission; W -1 = 1, W -2 = 2, W -3 = 4, W -4 - 2) Both members wish to be reappointed per Planning Commission recommendation. Parks and Recreation Commission There are four expiring terms as follows: Del Peterson Steve Wolff Steve Joyce Michelle Roettger W-1 W-1 W-2 W-3 (end of fIrst term) (end offrrst term) (end of second term) (end of flIst term) The City has received three applications from citizens who are interested in serving on the Parks and Recreation Commission to fIll the seat being vacated by the resignation of Steve Joyce (who's term expires on 1/I/95). Two of the applications (Angela Andersen and Judy Guldin - both from W-2) were reviewed by the Parks and Recreation Commission, and the Commission would recommend either candidate for appointment. Another citizen (Linda Amrein, W-2) submitted an application subsequent to the Parks and Recreation Corrnnission. If the COilllciI desires, the Parks and Recreation Commission could review the third applicant and make recommendation or the Council could choose from the three candidates, The Parks and Recreation Commission will discuss the other expiring terms at its meeting of 12119/94. Preliminary indications (from Dave Junker, Chair) is that the other members wish to be reappointed, (note: a ward balance exists on the Parks and Recreation Commission; W-1 = 3, W-2 = 2, W-3 = 3,W-4=2) Port Authority There are two expiring terms as follows: R.J. Colombo Earl Olson W-2 W-4 (end of ftrst term) (end offlIst term) (note: a ward balance exists on the Port Authority; W-1 = 1, W-2 = 2, W-3 == 2, W-4 = 1) It is my understanding that both members wish to be reappointed. Heritage Preservation Commission There is one expiring term as follows: Robert Kimbrel W-3 (end of second term) (note: a ward imbalance exists on the HPC; W-1 = 5, W-2 = 1, W-3 = 1, W-4 = 1) Mr. Kimbrel wishes to be reappointed per HPC recommendation. Solid Waste Advisory Commission There are three expiring terms as follows: Tim SchmoIke Janelle Borden Joe Hibberd W-2 W-3 W-3 (end offrrst term) (end of frrst term) (end of fIrst term) (note: a ward balance (almost) exists on the Solid Waste Commission; W -1 = I, W -2 = 2, W -3 = 2, W -4 = 1) Mr. Schmolke and Ms, Borden wish to be reappointed per Commission recommendation. Mr. Hibberd does not wish to be reappointed, therefore a vacancy will exist as of 1/l/95. . Dispute Resolution Committee Mr. Fritts has asked to be replaced on the Committee. Therefore, the Conncil will need to appoint someone effective 1/1/95. Joint Cable Commission The City needs to appoint at least one elected official to serve on the Commission. Ann Bodlovick will be leaving the Conncd on l/3/95. Therefore, the Conncil will need to appoint another Councilmember to serve on the Commission. Board of Water There are no expiring terms on the Board, Brown's Creek and Middle River WMO's The Mayor has usually been appointed to serve on the WMO's with Planning staff serving as an alternate. Therefore, the Conncil will need to appoint Mayor Kimble to serve (or the ConnciI at the Mayor's request could appoint another member to serve on the WMO's). Downtown Parking Commission There are three expiring terms as follows: Katie Holdorph Patrick Anderson Dave Swanson (end of first term) (end of first term) (end of fust term) It is my understanding that the Commission will be discussing the expiring terms at their meeting of December 7, 1994. (note~ ward representation does not appear to be an important consideration for this commission) In summary, the C01.IDcil will need to consider reappointments for almost all of the Commissions, but will definitely have to make new appointments as follows: Library Board Park and Recreation Solid Waste Dispute Resolution Joint Cable WMO's (2) one new member one new member one new member new City representative new member (from Council) new member (Mayor or Conncilmember) I will discuss this further with you at the meeting.