HomeMy WebLinkAbout1994-09-20 CC Packet
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AGENDA
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 94-32
September 20, 1994
REGULAR MEETING
7:00 P.M.
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
STAFF REPORTS
1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
PUBLIC HEARINGS
1. This is the day and time for the public hearing to consider a proposal to be submitted under the
Small Cities Grants Program to provide financial assistance to residents affected by the sewer and
water project in the southeast area of Stillwater.
Notice of hearing was placed in Stillwater Gazette on September 14, 1994.
UNFINISHED BUSINESS
1. Approval: Agreement to operate Lily Lake Ice Arena - St. Croix Caterers, Inc.
2. Update on Downtown Hotel Project
3. Determine ballot language for one percent sales t3x question
5. Possible first reading of ordinance amending Stillwater City Code Chapter 43, Sections 43.02 and
43.03, increasing liquor license fees.
NEW BUSINESS
1. Recommendation from Downtown Parking Commission to name new Junior High parking lot
Riverview Lot and to designate it a permit parking lot for Downtown Permit Parking.
2. Case No. PUD/94-4. Review of Changes in Design for Commercial Planned Unit Development
located east of County Road 5 and North of West Orleans, Dick Zimmerman, applicant.
3. Resolutions: Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment.
LI 274, Sidewalk Improvements
LI 284, Myrtle Street Drainage
LI 302, Highlands 5th
LI 303, North Broadway, Wilkens St.
LI 304, Myrtlewood
City Council Agenda No. 94-32
September 20, 1994
Page 2
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
CONSENT AGENDA
1. Resolution: Directing Payment of Bills. (Resolution No. 94-230)
2. Approval: Administrative Internship - Tony Germain
3. Approval: Authorization for Exemption from Lawful Gambling License - Knights of Columbus
4. Approval: License to sell non-intoxicating Malt Liquor and Cigarettes - Twin Cities Stores, Inc.
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
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l\1EIYIORANDUM
TO:
Mayor and City Council
Diane Deblon, Finance Director (jJ ~
FROM:
SUB.meT:
Update on 1994 Expenditures
DATE:
September J 4, 1994
'The following is a list of unbudgeted expenditures approved by the City Council during the year that
have or ,\--ill impact the general fund for 1994.
Hired Part -time Secretary (Admin.)
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Compo Plan Addition
S1. Croix Valley Vet Clinic
BWBR
Managers Wages
Loss of CUB Rent
Legislative Associates (Ed Cain)
Ladder Truck Repair (Fire Department)
$ 20,000
10,000
6,605
20,000
20,000
47,917
39,000
5,]95
TOTAL
$ 168,717
I have also discussed the revenues projected for building with the Building Inspector, and he estimates
the 1994 revenues to be very close to the budget (i $10,000). In 1993, building permits and related
fees were substantially over budget ($206,000). Other revenues for 1994 appear to be very close to
budget. On the expenditure side for 1994, there is $10,000 in records retention and $30,000 for gas
tank removal that will not be spent. Therefore, I would anticipate the City will be in the position of
spending down the general fund balance for 1994.
TIMOTHY J. BELL
CAPTAIN
.NALD L. BEBERG
_HIEF OF POLICE
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THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
M E M 0 RAN DUM
TO:
MAYOF~ HOOLEY AND THE 'CITY COUNCIl..
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FROM:
D.L. BEBERG, CHIEF OF POLICE
DATE:
SEPTEMBER 15, 1994
RE:
CITIZEN PETITION - DEERPATH TRAFFIC
THIS IS JUST AN "F.Y.I." MEMO IN RESPONSE TO THE ABOVE CITIZEN
COMPLAINT TO LET YOU KNOW THAT WE ARE LOOKING INTO IT:
IN THE PETITION THEY MAKE MENTION OF TRIPLE TRAFFIC AND SPEED.
THEY MIGHT BE JUSTIFIED IN THE TRAFFIC INCREASE. THE SPEED HAS NOT
GONE UP. THERE IS BOUND TO BE AN OCCASIONAL 'SPEEDER AS 'THERE IS ON
ANY STREET. THE'CUBSTORE RELOCATION WILL NOT ADD TO THE DEER PATH
TRAFFIC AS THE OLD 'AND NEW STORES ARE IN THE 'SAME 'AREA.f THE TARGET'
STORE, HOWEVER" WILL NO DOUBT BRING MORE. "I . "
THEIR CONCERN IS NOT AN ENFORCEMENT PROBLEM. THERE IS POSSIBLY AN
OVERWHELMING AMOUNT OF TRAFFIC. WE HAVE CONTINUED TO RUN RADAR ON
DEERPATH AND MOST OF THE VEHICLES ARE GOING 30 MPH OR UNDER. THE
FASTEST VEHICLE WE HAVE CLOCKED LATELY IS 33 MPH.
THE AREA RESIDENTS ARE JUSTIFIED IN THEIR CONCERN OF THE POSSIBLE
TRAFFIC PROBLEMS/ACCIDENT CONCERNS AT THE OLIVE AND DEERPATH
INTERSECTION. WITH THE NEW ROADWAY BETWEEN OLIVE AND HIGHWAY 36 WE
COULD END UP WITH A HIGHER, POSSIBLY FASTER, EAST BOUND VEHICLE
PROBLEM WHICH WE WILL HAVE TO DEAL WITH. THIS COULD RESULT IN
INTERSECTION ACCIDENTS AT OLIVE AND DEERPATH.
OUR CITY ENGINEER SUGGESTED THAT WE START BY USING TRAFFIC
COUNTERS AT THE NORTH AND SOUTH ENDS OF DEER PATH TO SEE WHAT THE
ACTUAL FIGURES ARE THAT WE ARE DEALING WITH AS FAR AS TRAFFIC VOLUME
IS CONCERNED. THIS IS BEING DONE.
DEPENDING ON THE RESULTS OF THE TRAFFIC COUNT, A POSSIBLE
SUGGESTION/SOLUTION MIGHT BE THAT THE DEERPATH/OLIVE STREET
INTERSECTION BE ELIMINATED. THAT WOULD MEAN THAT DEER PATH BE MADE A
CUL-DE-SAC WITH THE ENTRANCE AT MYRTLE STREET. (DEERPATH COULD BE
BLOCKED AT OLIVE STREET WITH A BERM OR GUARD RAIL). I REALIZE THAT
THE PEOPLE ON DEERPATH AND DEER PATH COURT WOULD HAVE TO BE IN
AGREEMENT WITH THIS. ALSO, "DEAD END" STREET SIGNS WOULD HAVE TO BE
INSTALLED ON DEER PATH AT MYRTLE STREET.
(Continued on the back of this sheet)
212 North Fourth Street, Stillwater, Minnesota 55082
Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456
Police Response I Assistance: 911
FROM A PUBLIC SAFETY VIEW OF THE AREA, IT WOULD BE BETTER TO HAVE
BRICK STREET CARRY THE "SHORT CUT" TRAFFIC THAT NOW CROSSES ON
DEERPATH. THE BRICK/OLIVE STREET INTERSECTION IS SAFER DUE TO BRICK
STREET BEING WIDER AND A MORE OPEN AREA WITH A BETTER VIEW TO THE WEST
BY NOT BEING OBSTRUCTED BY A CURVE AND GRADE. THE BRICK/MYRTLE STREET
INTERSECTION SHOULD BE SAFER AS IT IS IN A 30 MPH ZONE, WHERE THE
DEERPATH/MYRTLE INTERSECTION IS IN A 50 MPH ZONE. ALSO, THERE ARE
ONLY 4 HOMES THAT HAVE DRIVEWAYS FEEDING INTO BRICK STREET,ALL ON THE
EAST SIDE.
I DO NOT KNOW WHERE THE DRIVEWAY WILL BE FOR THE NEW HOME BEING
BUILT AT THE NW CORNER OF DEER PATH AND OLIVE, BUT IT MUST BE ON
DEER PATH AND HAS TO BE QUITE CLOSE TO THE INTERSECTION. THIS IS ALSO
A SAFETY CONCERN.
THE ONLY CONCERN AT BRICK AND OLIVE IS THE LOCATION OF THE
DRIVEWAY ENTRANCE INTO OUR SAVIORS CHURCH FOR THEiR EAST PARKING LOT;'!
IT IS ON THE WEST SIDE OF BRICK STREET, ABOUT 50 FEET NORTH OF OLIVE
STREET.. I AM NOT KNOWLEDGEABLE AS TO THEIR SCHEDULE OF EVENTS, EXCEPT
SUNDAY CHURCH SERVICES AND SUNDAY SCHOOL CLASSES, NOR THE AMOUNT OF
VEHICLES THAT GO IN AND OUT OF THERE. THEY ALSO HAVE A WEST PARKING
LOT THAT IS ENTERED FROM OLIVE STREET.
ALSO, IF BRICK STREET WAS TO END UP TAKING THE DEERPATH TRAFFIC,
THERE SHOULD BE A STOP SIGN PLACED TO STOP THE WEST BOUND RAMSEY
STREET TRAFFIC AS IT INTERSECTS WITH BRICK STREET. (THIS IS A "T"
INTERSECTION, AS RAMSEY STOPS AT BRICK).
I VIEWED THE DEERPATH/OLIVE STREET AREA WITH PUBLIC WORKS DIRECTOR
JUNKER AND HE SAID THAT IF DEER PATH WERE MADE A DEAD END STREET IT
WOULD TAKE A BIT MORE TIME FOR PLOWING SNOW. THE PUBLIC WORKS
DIRECTOR FEELS THAT IF THE CITY WERE TO CUL-DE-SAC DEERPATH WITH THE
DEAD END AT THE OLIVE STREET END, IT WOULD LOOK MUCH BETTER TO PUT IN
A 3-4 FOOT BERM WITH SOME SHRUBS ON/AROUND IT INSTEAD OF A GUARD RAIL.
FOR THE FIRST STEP, LETS SEE WHAT THE TRAFFIC VOLUME ACTUALLY IS
AND PROCEED FROM THERE. MAYBE, THE VOLUME ISN'T AS BAD AS WE THINK.
IF IT ISN'T ANY WORSE THAN OTHER AREA STREETS WE MAY HAVE TO FIND A
DETERRENT FOR USING THE STREET, INSTEAD OF A CUL-DE-SAC, SUCH AS A
REDUCED SPEED ZONE AND RUN A LOT OF RADAR TO MAKE SURE IT IS ADHERED
TO, SIGN IT RESTRICTING THE USE OF THE STREET TO NO VEHICLES OVER
9,000 GVW (IN OTHER WORDS NOTHING LARGER THAN A PICK UP TRUCK WITH
SCHOOL BUSES & UTILITY VEHICLES EXEMPT), OR FIND ANOTHER SOLUTION.
THE PUBLIC WORKS DEPT DID A 24 HOUR TRAFFIC COUNT ON DEER PATH ,
EAGLE RIDGE AND BRICK STREET FOR THE 24 HOUR PERIOD FROM 9:00 AM
091594 TO 9: 00 AM, 091694,. '
DEER PATH 14B8VEHICLES
EAGLE RIDGE 1715 VEHICLES
BRICK STREET 798 VEHICLES
THE COUNTS ARE PROBABLY DOWN DUE TO THE CURRENT CONSTRUCTION GOING
ON, ON COUNTY ROAD 5. WE WILL CONTINUE TO WORK ON THE PROBLEM AND
KEEP THE MAYOR/COUNCIL ADVISED.
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94-38
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Legislative Associates, Inc.
Box 2131, StUlwater, MN 55082
(612) 439-7681 Fax (612) 439-7319
WASHINGTON OFFICE:
1010 25th St. NW, Ste. 202
Washington, D.C. 20037
(202) 342-3703
Fax (202) 6254384
September 20, 1994
To:
From: Ed Cain
Subject: Council Action on the Application for South Hill Project
As we discussed in our meeting last week, the Council will need to take two
actions in the meeting tonight. I believe the necessary preliminary work has been
done. This note is simply a verification of the process.
1. The proposal requires an official hearing. The hearing has been advertised as
required, with some public postings which has been done.
* Tonight will need to be a general discussion of the scope and process of the
grant application, and an opportunity for the residents to speak if they so desire.
2. The proposal application requires three passage of a Resolution, assuring the
Federal government that you (the City) will abide by all of the "Three R's," Le., Rules,
Regulations and Requirements.
* Attached is a copy of the proposed resolution, and three pages of the "Three
R's" that must be considered, and adhered to by the City should the grant be
approved and funded.
If you have any questions, give me a call.
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Forms Package
Loca. Govemment Resolution (FP.21) (SCDP)
Applicanl Name:
RESOLunON OF APPLICANT.
A~licaBS must adopt and sutxnil the following resolution. This resolutioo Im1Sl be adoped ~or to sut:lnissiCll of !be forms pack.a&e.
BE IT RESOL VEl) that I . 6IIl1 !Jet I act as the Iepl sponstW' f~ ~~t(S) conlained in the Business and
Community Developmenmplication 10 be submitted on and that
I (Ky. MtMIII.r -I ITIIS. fI{ ~ Offtci.-J)
is hereby aulhoriud to apply to the D~lIIt'T1enl of Trade and EcCllOmic Development for funding of tbis JI'Oject on behalf
of
lAppUctJllll
BE IT FURTHER RESOLVED that bas the legal autbcrity to apply for fiIwxiallSSi~.
and the institutional. manqeria1. and h~~1 capability to ensure adequate ~DSUUaioa. openboa. mtIint_.nt'~ aDd
replacemeru of the proposed project for its design life.
BE IT FUR1liER RESOLVED that
( AppUt:tJIIlJ
wriaen agreements to purchase JI'Opelty.
bas DOt iDc\Irred my com. has DOt enllnd iDlo my
BE IT FUR1liER RESOLVED that has not violated any Federal. State. or local laws
pertaining to fraud. bribery. graft. kick~k:."douusion. conflict of ~ or other unlawful or COrTUpt practice.
BE IT FUR1liER RESOLVED that upoo approval of its application by the stale. may
I AppUc6lllJ
emer in10 an agreement with the Sta of ~ for !be above-rdersx:cd ~jea(s). aDd that
I AppUt:6IIl)
certifies that it will comply with all applicable laws and replllioos as stated in an ~ntract qreements aDd described on the
Compliances Sectioo (FP.20) of the BusiDess aDd Community Development Application.
NOW,m:au::R)RE BE IT RESOLVED lba
ITlISI fI{ AMIiwU. 0f/I0a/1
such qreements as ~ necessary to implemau !be JI'Oject(s) on behalf of the applicant.
is baby awhcIized to execute
( CERTIFY lHA T !be above resobltiCll WII D'IpIed by !be
IC.ryCowtal. COIUIIy ,0tVd. Itc.1
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rApplU:4tl1l ID_I
SIGNED:
WITNESSED:
. .-'.MIIttm%H 0fJfa4l1
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IT'IlUI
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Forms Package
Compliances (FP.20) (page 1)
SMALL CITIES DEVELOPMENT PROGRAM
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Applicant Name:
~ 1.0MB Circular A-l28 - Issued pursuant to the Single Audit Act of 1984 (pl... 98-S02), which establishes audit
requirements for stare and local governments receiving federal furKb.
U 2. OMB Circular A-87 - Establishes "Principles for Determining Costs Applicable to Grants and Contracts with Slate,
Local and Federally Recognized Indian Tribal Governments:'
)(J 3. Section .504 of the Federal Rehabilitation Act of 1973 the Americans with Disabilities Act (ADA), MN StatuteS 1990.
Chapter 363 Minnesota Human Rights Act - Require that all public facilities and prosrams.be designed and
consuucted to be accessible to the physically handicapped.
11 4. The Unifonn Administtative Requirements fa Grants and Cooperadve Agreements to Stare and Local Governments
(Federal Register March 11. 1988, Volume S3, Number 48) - E.ablisbes requirements far procurement and
fmancial manacemenL
~ S. Title VI of the Civil Rights Act of 1964 (pl.. 88-3S2) and subsequent reauJaDons - Ensures access to facilities a .
programs ~gard1ess of race. color. national aigin or sex.
Xi 6. Executive Order 11246, as amended by Executive Orden 1137S and 12086 and subsequent rquladons - Prohibits .
employment discriminalion on the basis of race. color, religion. sex a national origin.
11 7. Title 1I of the Unifonn Relocation Assista.nee and Real Property Acquisition Policies Act of 1970 as amended and
subsequent reguJalions - Identifies procedures fer the acquisition of property and the re1ocaDon of penons and
businesses.
d 8. Section 104(d) of the Housina and Ccxnmunity Development Act- Requires recipients to adopt. make public. and
certify a residential antidisplacement and relocabon plan. .
d 9. Executive Orders 11988 and 12148. Floodplain Manqement - Requires action to minimize lhe impact of floods on
assisted projects.
Q 10. Executive Orden 116251nd 12138 - Encourage recipients to award consau::tion. supply and professional service
contracts ID IDiDmity and women's business enla'plises.
11;; 11. The Flood lns1nnce Purcha.te Requirements of Section 102a of the Flood Disaster Procection Act of 1973. (pL.
93-234) - Requires lhe purchue of Oood insurance in communities where such insurance is available for
consuuction or acquisition projects la lay area baviac special Rood bazards.
o 12. The National Environmental Policy Act of 1969 (42 USC. Section 4321 et. seq.) and ocher reWed acts relating to the
environment - Requires an analysis of a project's environmental impact and a description of effortS to mitigate the
Impact. Other related acts refer to environmental quality.
d 13. Section 401f of the Lead-Based Poisoning Prevention Act. as amended (42 USC. Section 4831b) - Requires the .
removal and prohibits the use of lead-based pault for housing rehabilitation projects.
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Forms Package
Compliance. (FP-20) (page 2)
SMALL CITIES DEVELOPMENT PROGRAM
Applicant Name:
12 14. Federal Fair Labor Standards Act (29 USC. Section 201 et. seq.) - Rcquiles that employees be paid at least minimum
wage and tha1 they be paid one and one.half times their basic wage fer all hours worked in excess 0{ the prescribed
wort wed:.
.g IS. Swe Laws. the Davis Bacon Act (40 USC. Section 276&-27615). C~ Act (Anti-kickblck Act. ~ 276c) and
the Contract wort Hours and Safety Standards Act of 1962 (40 USC. Sectial 327-333) - Requires the plyment of
wages. at hourly rates. as established by the Department of Labor.
16. Section 3 of the Housing and Urban Development Act of 1968. as amended - Encouraces the employment and training
of lower-income people and awarding of contracts to businesses k:x:aI2d widlin the community receivina assismnce.
17. Title vm of the Civil Rights Act d 1968. as amended. and Executive Order 12259 - Require equal opportunity in
housing and nal-<tiscrimination in the sale or renl3l of housing. and actions to affirmaIive1y fwther fair ~.
18. Requirements specified in the Housing and Community Development Act of 1974. as amended - EabI~ Ibe
Small Cities Development Grant Procram.
19. Age Discrimination Act of 1lJ7 S - Prohibits discrimination on the basis of aae.
20. Minnesola statutes section 176.181.176.182 - Requires recipients and subcontractors to have...men' compensation
insurance coverage.
21. Requirements Specified in the Waser Quality Act of 1987 - Authorizes funding fer the StaIe's Walei' PoUutial Control
Revolving Loan Fund Program.
22. Clean Warz::r Act and Executive Order 11288 - Requires prot.eetion of surface and pound WIler resources.
23. Minnesota Statutes. Sectial471.87 and 471.88 - F<Xbids public officials from engqing in activities which are. or have
the appearance at being. in ccnfUct of interest.
24. The Minne:Iaca Oovemnent Practices Act - ProteCts the ~vacy of individuals who participale in Community
Development__isted procrams by prohibiting the public disclosure of participant's income and other personal
infonnation.
ft 2.5. Antiuust or unfair nde JX'3Ctices laws - ReguJar.es and controls sale of goods and services and prohibits deceptive and
unfau competition between businesses.
:J 16. The prevailing wage rate law (MN Laws 1990. Chapter 604. Article 10. Section 7) - Requires that businesses certify to
the Deparunent of Labor and Industry thallaborers and mechanics will be paid prevailing waae r.ues established by
the Deparunent of Labor and Industry.
n 27. 43 USC. Section 18.100. entitled "Limitarion on use of app-opriated fw1ds to influence certain Federal contraCting and
r Ulanciallransactions" - Requires a certification tha1 no Federal funds have be utilized to lobby or gain undue
Influence In COMection with Federal grant or loan funds.
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Forms Package
Compliance. (FP.20) (page 3)
SMAll CITIES DEVELOPMENT PROGRAM
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Applicant Name:
g 28. Executive Order 12549. Debannent and Suspension (43 erR. Part 12.
Secoon 12.510) - Requires a certification regarding Federal debannerll. suspension and ocher l'e$ponsibi.lity maners.
XJ 29. Executive Order 91-3. Wetlands - Requires grant and loan recipients to apply the principles of no-net-Ioss of wetlands
dW1ng the conduct of thelJ' project
XI 30. The Drug Free Workplace Act (p.L. 1~90. Title V. Subtitle D). - Requ.in::s Ihal grantees certify that they will provide
a drug free workplace.
11 31. Section 519 of Public Law 101-144 (1990 HUD Appropriatioos Act) and Section 104( 1) of HCD Aa . Requires that
each kx:aJ unit of government adopt. enforce a policy JI'Ohibiting the use of excessive force by law enbcement
agencies within its jurisdiction apinst any individuals engaged in nonviolent civil rights de:mon.sIrabons
12 32. Section 1352. Tille 31. U.S. Code - Requires that language of certificalion reprding lobbying for c:onIr1CtS. ~ and
agreements be included in award documents for all subawards at all am. SecUon 319 of OeI*bneilt d Inllerior and
Relared Agencies Appopriations Act. also known as the "Byrd Amendment". prohibiu !be use of feden1ly
appropriared funds for influencing any aecutive or Legislative Branch penonnel in !be awardin. of Pedenl .
conlraClS. aranlS. or loans. It also requires. where appropriaIe. the cc:rnp1etion of Disclosure form SF.Ul...
B 33. Subpart C of 24 CFR Part 12 - Provides for Discloslft/Update from applicanlS/reCipierus of HUD assistanCe relating to
amount of assiSWlCe received. sources and uses of fund1. and inrerested pllties. and requires the completion of HUn
Form 2880.
.a 34. M.S. 290.9705 - Requires that 8 percent of each payment paid to out~f-swe conrractt:n for wort done in Minnesota
must be withheld on any conO'3Ct Ihal exceeds or could reasonably be expected 10 exceed S 100.000. unless the
requlJ'ement is waived.
:) 35. Section 129 of Public Law 100-590 SmalJ Business AdminiSU"ation Reauthorization and Amendment Act of 1988
The
( Apphc:ua)
certifies compliance with the compliance area indicated as applicable
by checkmatk. and as !O swed in the accompanying "Local Government Resolution.'.
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Notice of Public Hearing
Grant Proposal for SE Area Sewer and Water Project
Notice is hereby given that the City Council of Stillwater, Minnesota, will meet in the council
chambers of the City Hall, 216 N. 4th St., at 7 p.m. on September 20, 1994, to consider a
proposal to be submitted under the Small Cities Grants Program to provide financial
assistance to residents affected by the sewer and water project in the southeast area of
Stillwater. The scope, purpose, and associated costs of the proposal; schedule of
implementation; use and amount of funds, and benefits to low and moderate income residents
in the project area will be discussed. Such persons as desire to be heard with reference to the
proposal will be heard at this meeting.
Morli Weldon
City Clerk
Publish: Sept. 14, 1994
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LEASE
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This agreement, entered into this 1 day of ('Jr~ ,
1993, by and between the city of stillwater, a municipal
corporation of the state of Minnesota, hereinafter called Ilcity",
and st. '.Croix catering, Inc., a Minnesota corporation of
Stillwater, Minnesota, hereinafter called IlTenantll, witnesseth:
WHEREAS, City is the owner of the premises commonly known as
the Lily Lake Ice Arena (the IlArena"),
WHEREAS, Tenant is desirous of leasing the Arena to Tenant for
the operation of a skating rink;
NOW, THEREFORE, in consideration of the promises, covenants,
terms and conditions herein contained, the parties mutually agree:
1. Demised premises and property: the Lily Lake Ice Arena (as
the area is described in Exhibit II A" , and that personal property
described in Exhibit "B").
2. Term of aqreement.
for a period of one year
terminating on October 1,
hereinafter provided.
The term of this agreement shall be
commencing on October 1, 1993, and
1994, unless sooner terminated as
3. Rental. Tenant shall pay as rental:
(a) The basic yearly rental of $11,000.00 payable monthly.
(b) Four and one half percent (4.5%) of the increase in
gross sales over the base period which is the same
period of the 92-93 season.
The rentals shall be paid at the office of City Treasurer in
the following manner:
(a) The basic monthly renal shall be payable in advance on
the first day of each and every month.
(b) In the event that the total gross sales exceeds the
base period, that percentage rental shall be paid
within thirty (30) days after the end of the month in
which it was exceeded.
All checks shall be made payable to the city of stillwater and
any overdue rent shall bear interest at the rate of 8 percent (8%)
per month, and in addition any rent more than 15 days overdue shall
result in a penalty of 10% of the amount due which shall be payable
as additional rent.
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Failure to pay the rent when due shall constitute a breach of
the agreement and shall be grounds for termination of the agreement
by city.
4. Gross income statement. Tenant shall present a statement
of the gross income of the Tenant for the month at the office of
City Treasurer within 15 days after each month. Failure to comply
shall constitute a breach of this agreement.
5. Inspections of records. Tenant shall keep accurate
records of all sales and receipts in accordance with the book-
keeping systems as city may approve; and City shall have the right
to inspect the books, records and inventories of the Tenant at any
reasonable time for the purpose of ascertaining the correct amounts
due the City under the terms of this agreement.
6. Performance security. The Tenant shall deposit with the
City, as security for the full and faithful performance of this
agreement by Tenant and which may be used by city for the purpose
of remedying any default in the performance of any of the terms of
this agreement, a surety bond in the amount of $150,000.00,
executed by a surety or sureties approved in writing by the City
and the office of the city attorney, naming city as obligee and
Tenant as principal.
7. Scope of lease. Tenant shall provide ice time to the
general public withqut discrimination as to race, color or creed.
Sales shall be limited to ice time, food items, and restricted to
soft drinks served in paper cups, coffee, tea, shaved ice, candies,
light lunches, sandwiches, popcorn, peanuts, ice cream products,
and such similar items.
The price charged by Tenant for ice time, services, food and
drinks shall be reasonable and shall not be in excess of prices
prevailing elsewhere for the. same kind and quality of service and
shall be subj ect to the approval of the stillwater Recreation
Commission.
At no time shall Tenant sell or give away any alcoholic
beverages, or allow any alcoholic beverages to be consumed on the
premises.
Tenant shall not allow any person to live or sleep on the
premises, nor shall it permit disorderly persons to remain upon or
loiter within the premises.
Tenant shall not use or permit the premises to be used for any
other purpose, or for any unlawful, immoral or indecent activity.
Tenant shall confine its activities to the area rented by it under
the terms of this agreement.
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8. Alteration. repair or improvements. Tenant shall not make
.any alterations, repairs, or improvements to the building or to the
area immediately surrounding the building without obtaining the
. prior written consent of the city. Requests to make any
alterations, repairs, or improvements shall be in writing. Any
such permi~ted alterations, repairs, or improvements shall be made
at the expense of Tenant and shall become the property of the city.
9. Maintenance of Property and Responsibility for Damaqe.
Tenant shall be responsible for the reasonable and proper care of
the Ice Arena building. It shall repair, or cause to be repaired,
any damages to the property or equipment caused by itself, its
employees, agents, guests or patrons. Tenant shall keep and
maintain the building in a clean and sanitary condition and shall
comply with the rules and regulations of the Washington county
Board of Health. Tenant shall be responsible for the proper
removal of all garbage and refuse from the premises in a timely
manner at its own cost.
10. utilities. taxes and other charqes. Tenant shall
contract for and pay for all utility services, taxes, or other
charges incurred or assessed against the operation of the demised
premises during the term of the lease.
11. Snow Removal. city shall be responsible for plowing the
parking lot, and the Tenant shall be responsible for all other snow
removal.
.
12. Compliance with laws. Tenant shall observe and comply
with all laws, statutes, ordinances, rules and regulations of the
united states Government, the state of Minnesota, the city of
stillwater and the County of Washington, or any department or
agency of the above.
13. Equipment. The equipment defined in Exhibit B is leased
to the Tenant. in an ."as is" condition, without warranty or promise
to the Tenant as to its fitness for any purpose.
The equipment shall be maintained by the Tenant in accordance
with standards established either by the city or be the
manufacturer of the equipment and in good operating condition, and
the equipment shall not be neglected or abused by the Tenant.
The equipment shall be returned to the city at the termination
of the lease in the same good condition that it now is, only
ordinary wear and tear expected.
'.
The Tenant agrees to make available to the City the John Deere
Model 90 Skid Loader for use by the City for the plowing of city
sidewalks, provided that the City's use shall not interfere
unreasonably with the needs of the Tenant in furtherance of its
responsibility pursuant to this lease. The city shall be
3
responsible for all operating costs associated with the loader
during city use and shall pay to the Tenant $25.00 per hour for
each hour of city use.
Tenant shall furnish and install at its own expense any other
equipment," materials, furniture or supplies required by it for the
proper operation of the Arena. Tenant's equipment shall be placed
and installed only upon the written approval of the director of
parks and recreation.
14. Hours of operation. Tenant may operate the Arena during
any hours of the day without limitation, however the tenant shall
remain open and shall honor all contracts for ice time made by the
ci ty with users and assigned to the tenant as part of this
agreement. Tenant shall maintain the open skating schedule and the
figure skating schedule that has been established by the city
during the term of this agreement.
15. Destruction of premises. If during the term of this
agreement the demised premises are destroyed or damaged by acts of
God, war or other catastrophe, so that the same is unfit for
occupancy or use, the rentals shall abate until such time that the
premises shall have been duly repaired and restored by city,
whereupon the lessee at its option may terminate this lease or
continue thereunder pursuant to the terms and conditions of this
agreement. A prorated portion of any rental prepaid, prior to the
destruction or damage as is contemplated by this paragraph, shall
be refunded for the period Tenant was not allowed the use of the
premises.
16. Sublettinq and assignments. Tenant shall not sublet the
whole or any part of the premises, nor assign, hypothecate, or
mortgage the lease or any or all of its rights hereunder without
the prior written consent of the city.
17.. Duty to city. . Ten~nt shall use its best efforts to
insure that the public using the premises is treated in a fair and
courteous manner. Further, the Tenant shall use its best efforts
to promote the sale of ice time and to meet and accommodate users
and scheduling of contract ice time at all times during the term of
this lease, even after it has determined not to renew this lease.
Tenant shall honor the priority that the city has given to ISD #834
and the st. Croix Valley Hockey Association with regard to
scheduling and price.
18. Indemnity. Tenant shall so conduct its activities upon
the premises so as not to endanger any person lawfully thereon; and
shall indemnify, save and hold harmless City and all of its
officers, agents and employees from any and all claims for losses,
injuries, damages and liabilities to persons or property occasioned
wholly or in part by the acts or omissions of Tenant, its agents,
officers, employees, guests, patrons, or any person or persons
4
,
.
.
.
.
admitted to the premises while the premises are used by or under
tfie control of Tenant.
19. Insurance. Tenant shall purchase and maintain the
following insurance during the term of the agreement:
(a) Public liability insurance in an amount not less than
$200,000 for injury to one person in one accident and
$600,000 for injury to more than one person in one
accident.
(b) Property damage insurance in an amount not less than
$1,000,000.
(c) Fire insurance in an amount equal to the replacement
value of the building and the improvements thereon, as
approved in writing by the director of finance.
.
All insurance required herein shall be secured from an
insurance company or companies which shall have been approved by
the director of finance and the office of the city attorney, and
shall name city as an additional insured therein. All insurance
premiums shall be the obligation of, and shall be paid by, Tenant.
All insurance policies and evidence of the initial payments made
thereunder shall be delivered to the director of finance at the
signing of this agreement, and shall be held by city for the term
of this agreement. During the term of this agreement, Tenant shall
also deposit with city all evidence of additional premium payments
made under the policies. Each insurance policy shall contain a
clause whereby the insurance company shall agree to give written
notice to the director of finance ten (10) days prior to any
cancellation or alteration of the policy.
In the alternative to this coverage, the Tenant may provide other
alternative coverage such as a combined single limit policy as is
approved by the office of the city Attorney.
20. Breach of contract. In the event of any breach of any of
the terms or provisions of this agreement, City shall have, in
addition to any other recourse, the right to terminate this
agreement, to enter and obtain possession of the entire premises,
to remove and exclude any and all persons from the premises, and to
remove and exclude all property of Tenant therefrom, all without
service of notice or resort to legal process and without any legal
liability on its part.
21. Inspection bv city. city shall have the right to make
inspections at any reasonable time to insure compliance with this
agreement.
.
22. Surrender of premises upon termination. Upon the
termination of this agreement, Tenant shall peaceably surrender and
5
deliver up possession to City of the demised premises, including
all improvements or additions thereto, in good order and condition,
reasonable wear and tear excepted.
23. Termination. This agreement shall terminate for a breach
of any ccndition, and, if not before, one year from the effective
date. If either party desires to renew this lease for additional
periods, it must send notice of its intention to do so to the other
party at least 90 days prior to the termination date. Negotiation
for a renewal period must be complete at least 30 days prior to the
termination date unless both parties agree to a later date in
writing. Neither party is under any obligation to renew.
.
CITY OF STILLWATER .'
"1' ., C~-'/.
( / L-'- ,~~.. I"
.. ,',:,.r7C -:..- .. -t"-::' / c::.::::::-....- _ :":;.~_"""." _-:;..;'
Charles M. Hooley, Ma~or //
'.
kAJ U..L_<.~.(.A.I
JOhnSO~ city Clerk
ST. ..9R2..IX CATERING, INC.
B~~
By
Its
.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this ~
day of October, 1993, by Charles M. Hooley, Mayor, and Mary Lou
Johnson, city Clerk, on behalf of the city of stillwater.
STATE OF MINNESOTA )
)
COUNTY OF WASHINGTON)
NO RY PUBLIC
\ ....,::.r.~. DAVID T. MA SON 1
-r~;f<> tlOTART PUILlC-MI HESOT^
.~ WASHINGTON COUNTY
My commission slCpiret 7-26-97
The foregoing instrument was aCkno~~~~~
day of October, 1993, by ~~..J . ~ ,
f ~4 ' on behalf of st. Croix Catering,
i
PUBLIC
SSe
,.or
..a-ftd ~
Inc.
.\ ,:"..,"...r.~ DAVID T. MA IHH~;~~ \
'::::.~ . ..OTARY ,UILlC-'"
, .'~. WASHINGTON. CQUNlY
. 'on elCpUes 7-26-97
Mycomm~.
:,.,..,...,....~_J'V ".
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6
'"
.
.
The Lily Lake Ice Arena complex, as it is commonly known, including
sidewalks and a non-exclusive right to use the parking areas, and excluding
therefrom . the ballfields and bathing beaches that are connected to the
complex.
.
I
!e
EXHIBIT I1AI1
.
.
.
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JOHN F. BERGLUND
ATTOR:'lEY AT LAW
1~S3 RICE STREET. SlJlTE IJIJ
ROSEVILLE. MI:'o::'lESOTA SSIIJ
flI2--IX/l.Il'lIO
FAX flI2--Ix/).07Kt\
September 16, 1994
David T. Magnuson
Stillwater City Attorney
Magnuson Law Firm
324 South Main Street
Suite 260
P.O. Box 438
Stillwater, MN 55082
Dear David:
Thank you for your letter dated September 7, 1994 and for copies of the development
contract and proposed Addendum for the Purchase Agreement.
Enclosed is an executed copy of the Development Contract. Regarding the addendum
to the purchase agreement we would request two changes:
1. Add assignment language to transfer ownership from the S1. Croix
Preservation Company, a Minnesota General Partnership to the
S1. Croix Preservation Company, Inc., a Minnesota Corporation. For
your information, the principals remain identical and the corporate
documents have been appropriately filed.
2. That the word "forgiven" in 3C be chanted to "contributed."
The rationale for the two changes comes directly from the CPA advising us who reveals
that the language as you have drafted would have an unintended immediate taxable gain
to the partnership in the amount of $515,000. The CPA has advised us that a
contribution to a corporation is not taxable as a gain to the corporate pursuant to the
Internal Revenue Code Section 118.
As previously documented, our objection to Mayor Hooley participating in discussions or
agreements to this transaction continues, and we wish to again state that by agreeing to
a document for which Mayor Hooley is a signed party should not be construed as a
waiver to our objection. This also applies to the development contract as we have
executed.
Page -2-
Our advisors have also indicated that we should proceed with receipt of an abstract
primarily for our resale purposes; but also because of a question as to whether title
insurance would be sufficient to cover the improvements.
Thus, upon receipt of the abstract and revised purchase agreement and review and
acceptance of the same, we would convey to the city our evidence of financing and make
final preparations to proceed to closing. Because it may no longer be possible to close
by October 1 would you kindly advise as to how this should be discussed further.
Should you have any questions or comments please do not hesitate to contact Chuck,
Duane or myself. Thank you for your continued courtesies.
Very truly yours,
John F. Berglund
.
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.'
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Ie
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE & GAlLERY 314 SOUfH MAIN STREET SUITE nCiO P.O. BOX 438 S1U.LWATER. MN 55082
TEI..EPHONE:(612) 439-9464 TELECOPIER:(612) 439-5641
DAVID T. MAGNUSON
MATTHEW A. STAEHLING
MEMORANDUM
LEGAL ASSISTANTS
MELODIE ARVOLD
SBn.LEY SUNDBERG
TO:
Mayor, Council and Staff
FROM:
David T. Magnuson
Stillwater City Attorney
DATE:
September 16, 1994
RE:
Conflict of Interest
Facts
The City is owner of real estate in the downtown section of the City (Lumberman's Building) and has
entered a purchase agreement for the sale of this property to St. Croix Preservation Company Minnesota
General Partnership (Purchase Agreement) made on the 26th day of April, 1994.
The City acquired the Lumbermans Building on June 27, 1991 from the Glacier Park Company and
when, in furtherance of a redevelopment plan it purchased the property including the landlords interest
in a lease agreement dated September 1, 1973 between Burlington Northern Inc., predecessor in interest
to Glacier Park, as Landlord, and Super Valu, Inc., a Delaware Corporation (Super Valu). Super Valu
had used the building as a corporate headquarters for Cub Foods, a Division of Super Valu. On April
26, 1994 after the Lumbermans Building had been vacated by Super Valu, the City and Super Valu
agreed to a Lease Termination Agreement (Lease Termination Agreement), in order that the City would
be free to sell the site to a developer. The agreement provides in part that a payment of $121,875.00 will
be paid to Super Valu by the City upon the earlier of the sale of the Lumbermans Building to a third
party or on February 24, 1995.
The St. Croix Preservation Company has alleged that since Mayor Charles M. Hooley was once an
officer of Cub Foods, Inc. a Division of Super Valu and a shareholder in Super Valu that he should not
participate in redevelopment decisions, zoning decisions and contract decisions regarding the purchase
agreement on the basis that Minnesota Statutes ~471.88 prohibits a public officer who is authorized to
take part in any manner in making any sale, lease or contract in an official capacity from voluntarily
having a personal financial interest in that sale, lease or contract or to personally benefit financially
therefrom.
The Mayor has informed me that he owns approximately 150 shares of Super Valu, Inc., a corporation
with a value of approximately $15 Billion Dollars and that members of his immediate family also own
additional shares, that his first cousin is the President of Super Valu and his nephew the President of Cub
Foods, Inc. a Division of Super Valu.
Page Two
September 16, 1994
\..
?
In view of what was perceived as a conflict of interest the Mayor took no part in the proceedings
involving the lease termination agreement nor other proceedings involving Cub Foods, Inc. including a
redevelopment agreement made with Super Valu to move the headquarters of Cub Foods, Inc. to a new
to a new site and the tax increment and other redevelopment assistance given to Super Valu for the
building of a new Cub Foods store in Stillwater Marketplace.
Since the Lease Termination Agreement was executed however, the Mayor has patricipated in contract,
zoning and redevelopment decisions concerning the Lumbermans Building.
Opinion
In my opinion the Mayor is not prohibited from participating in a purchase agreement, zoning, or
redevelopment decisions concerning the redevelopment of the Lumbermans site, since the Mayor does
not have a sufficiently direct interest in any contractual obligations with Super Valu and further, the
Mayor's interest in the Lease Termination Agreement with Super Valu is not voluntarily that is, the
amount owing to Super Valu is fixed and liquidated and the date when it must be paid is also fixed even
though the amount could be paid earlier if a closing takes place on the purchase agreement between the
City and St. Croix Preservation. .
I based this decision in part upon the reasoning set forth on Rowell v. Board of Adjustment (Minn. Ct.
App. 1989) 446 N.W.2nd 917. In that case the court held that where a church sought a variance to
construct an addition to the original structure, and a church member who was a member of the Board of
Adjustment that voted in favor of the boards decision to grant the church a variance from the set back
requirement did not have a sufficiently direct interest in the decision to warrant setting aside the variance.
.
Also, the Attorney General Opp. An. Gen. 90E-6 (June 15, 1988) that a Mayor who transferred a limited
partnership to his adult child but who remained liable as a guarantor in a debt against real estate was not
prohibited from taking part in making a city contract for the purchase or lease of real estate since after
transfer of the partnership interest his interest was no longer voluntary. In our case the obligation of the
City to make a payment under the lease termination agreement must be made by February 24, 1995
whether or not a sale of the Lumbermans property is made to St. Croix Preservation Company.
Accordingly the Mayor should be free to participate in any sale, lease or contract involving the
Lumbermans site and the St. Croix Preservation Company.
Respectfull y Submitted,
David T. Magnu n
City Attorney
DTM/mja
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I.
st. croix Preservation Company
306 West Olive street
stillwater, MN 55082
August 30, 1994
To: Jay Kimble, Acting Mayor
Nile Kriesel, city Coordinator
David T. Magnuson, City Attorney
Re: Sale and Purchase of Property to the st. Croix
Preservation Company pursuant to a Purchase Agree~ent
dated April 26, 1994
Dear Sirs:
We are pleased to report progress towards our purchase of
the Lumber Exchange/Hooley property and planned construction
of an historic hotel and conference center. To date we
have:
1. Retained an architectural firm.
2. Received approval on our submitted plans from:
a. Stillwater Historic Preservation Committee
b. stillwater Planning commission
c. stillwater Parking Commission
d. united states Department of the Interior (for
historical preservation purposes).
3. Secured a contractor who has performed work in
Stillwater.
4. Retained Public Resource Group to structure the
necessary financing.
This letter shall also serve as our approval of the
environmental report provided by the city and our approval
of an engineering report we have solicited and received
indicating that the Real Property is appropriate and
adequate to construct a lodging facility to our satisfaction
without extraordinary engineering or construction measures.
Enclosed for your additional information is a construction
schedule.
We look forward to closing the sale transaction with the
city but would waive the October 1, 1994 targeted date
should the city similarly agree to a more appropriate date
due to the complexities of a project of this historical
importance and size. We await receipt of the following:
~.
1. Abstract of Title or Registered Property Abstract.
2. The revised Redevelopment Contract for review.
3. The revised purchase agreement pursuant to the
August 16, 1994 meeting.
Our evidence of financing is unavailable until the above has
been received. We have enjoyed working with city council
and staff and look forward to an orderly completion and
successful redevelopment.
Very truly yours,
'1
dLc!.< Dtr'cJKntf
Chuck Dougherty
"lL,~.Qw~_,
Duane Hubbs
enclosures
.
.
2
.~
.
.
CONSTRUCTION SCHEDULE
FOR
LUMBER EXCHANGE HOTEL
Demolition of grocery store
Interior demolition - L.E. Bldg. & window removal
Foundation work .convention Ctr.
Window replacement - L.E. Bldg.
Exterior wall construction - Convention Cente
Plumbing / Mechanical/ Electrical/ Fire eqpt.
Interior partition construction
Interior decoration
Restaurant / Convention Ctr./ Bar / Lobby Eqpt. Install
Carpet Installation
Furnishings / final eqpt./ stock-up
De-bugging I trial runs / employee training
Opening
Start
2 weeks
2 weeks
4 weeks
5 weeks
8 weeks
12 weeks
12 weeks
20 weeks
22 weeks
33 weeks
38 weeks
39 weeks
42 weeks
Complete
4 weeks
8 weeks
8 weeks
8 weeks
22 weeks
24 weeks
24 weeks
30 weeks
32 weeks
35 weeks
38 weeks
41 weeks
NOTE: All datM Ire ntlmltel only Ind Ire blted on In Intlclpated clotlng date of October 1, 1984. Any
chlnge In eloelng date will dramatically extend exterior construction dltee.
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE" GAU.E'RY 314 SOUI'll MAIN STREET SUITE nClO P.O. BOX 438 STnLWATER, MN 55082
TELEPBONE:(Ci12) 43!,.,464 TELECOPIER:(Ci12) 439-5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MATTHEW A. STAEHLING
September 7, 1994
MELODIE ARVOLD
SHELLEY SUNDBEltG
St. Croix Preservation Company
306 W. Olive Street
Stillwater, MN 55082
Gentlemen:
I enclose a copy of the Development Contract for the Downtown property that is marked up to indicate
most of the changes that you requested.
I also enclose the proposed Addendum for the Purchase Agreement that would modify the price to reflect
the agreement made between your company and the City on the 16th of August, 1994.
Your memo of August 30, 1994, asks for an abstract or registered property abstract in order that you
could obtain a commitment for an owner's policy of title insurance. As you know, there has never been
an abstract for the property and we had been able to obtain a commitment for title insurance by the title
company's own examination of county records. I have provided this information to you earlier and we
are now making arrangements with Land Title, Inc., to provide an owner's policy to you. Please let me
know whether you will demand the preparation of an abstract under these circumstances.
Yours very truly,
DTM/sls
Enclosures
cc: _~
~e Kriesel
ADDENDUM NO. 1
This Addendum, made this day of August, 1994, effective August 9,
1994, is intended to amend and replace paragraph 3 of the Sale and Purchase
Agreement executed April 26, 1994, by the City of Stillwater, Washington County,
Minnesota ("Seller"), and St. Croix Preservation Company, a Minnesota General
Partnership ("Buyer").
~.
1. Paragraph 3 of the Sale and Purchase Agreement is amended by changing
the paragraph to hereafter read as follows:
"3. Price and Term. In consideration of the Sellers
agreement to sell the Real Property, Buyer agrees to pay to Seller
as the full purchase price (the "Purchase Price") for the Real
Property and Personal Property the sum of One Million One Hundred
Fifty Thousand and 00/100 Dollars ($1,150,000.00) payable as
follows:
A. Earnest money of Three Thousand and 00/100 Dollars
($3,000.00) by check, receipt of which is hereby
acknowledged.
B. six Hundred Thirty-Two Thousand and 00/100 Dollars
($632,000.00) cash or collected funds on the Closing
Date.
C. Five Hundred Fifteen Thousand and 00/100 Dollars
($515,000.00) to be forgiven by Seller at closing in
consideration of:
a) The agreement to Develop, operate and maintain
a historic hotel and conference facility
according to the design and specifications
approved by the City.
b) The creation of job opportunities for City
citizens."
.
2. In all other ways the Sale and Purchase Agreement shall remain in full
force and effect.
SELLER:
CITY OF STILLWATER
By
Charles M. Hooley, Mayor
By
Nile Kriesel, City Coordinator
BUYER:
ST. CROIX PRESERVATION COMPANY
By
General Partner
.
."
.
.
Second Draft
September 7, 1994
CONTRACT
FOR
PRIVATE REDEVELOPMENT
Between
THE CITY OF STILLWATER, MINNESOTA
And
ST. CROIX PRESERVATION COMPANY
This document was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
TABLE OF CONTENTS . .
Page
PREAMBLE 1
ARTICLE I
Definitions
Section 1.1. Definitions 1
ARTICLE II
Representations and Warranties: Inter:pretive Rule
Section 2.1. Representations by the City 3
Section 2.2. Representations and Warranties by the Redeveloper 4
ARTICLE ill
Conveyance of Redevelopment Property
Section 3.1. Conveyance of Redevelopment Property 4
Section 3.2. Time of Closing 5 .
Section 3.3. Consideration 5
Section 3.4. Title 5
Section 3.5. Additional Conditions to City Activities 5
Section 3.6. Limitation on City Financial Obligations 6
Section 3.7. Contingencies to Redeveloper's Obligations 6
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements 7
Section 4.2. Construction Plans 7
Section 4.3. Commencement and Completion of Construction 8
Section 4.4. Certificate of Completion 8
Section 4.5. Indemnity 9
Section 4.6. Tax Increment Payments 9
ARTICLE V
Insurance
Section 5.1. Insurance 10
.
. ARTICLE VI
.
Real Property Taxes and Assessments
Section 6.1. Real Property Taxes 12
ARTICLE VII
Financinf!
Section 7.1. Financing 12
Section 7.2. Limitation Upon Encumbrance of Property 13
Section 7.3. Approval of Mortgage 13
Section 704. Copy of Notice of Default to Mortgagee 13
Section 7.5. Mortgagee's Option to Cure Defaults 14
Section 7.6. City's Option to Cure Default on Mortgage 14
Section 7.7. Modification for Benefit of Mortgages 14
ARTICLE vm
Prohibitions Ag-ainst Assignment and Transfer
Section 8.1. Representation as to Redevelopment 15
Section 8.2. Prohibition Against Transfer of Property and Assignment of Agreement 15
. Section 8.3. Approvals 16
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined 16
Section 9.2. Remedies on Default 17
Section 9.3. Revesting Title in City Upon Happening of Event Subsequent 18
Section 904. No Remedy Exclusive 18
Section 9.5. No Additional Waiver Implied by One Waiver 18
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; City Representatives Not Individually Liable 18
Section 10.2. Equal Employment Opportunity 18
Section 10.3. Provisions Merged With Lease 18
Section lOA. Titles of Articles and Sections 19
Section 10.5. Notices and Demands 19
Section 10.6. Counterparts 19
. TESTIMONIUM
SIGNATURES
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
Description of Redevelopment Property
Redevelopment Deed
Assessment Agreement and Assessor's Certification
Certificate of Completion and Release of Forfeiture
Permitted Encumbrances
..
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CONTRACT FOR PRIV ATE REDEVELOPMENT
THIS AGREEMENT, dated the _ day of , 1994, between THE CITY OF
STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal
offices at 216 North 4th Street, Stillwater, Minnesota 55082, and ST. CROIX PRESERVATION
COMPANY (the "Redeveloper"), a Minnesota general partnership.
WITNESSETH:
WHEREAS, the City is a home rule charter city organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section
469.124-469.134, as amended, the Council is authorized to establish development districts in order to
provide for the development and redevelopment of the City; and
WHEREAS, the Council of the City has established a development program (the "Program")
pursuant to the Municipal Development Districts Act; and has established a development district (the
"Development District") pursuant to the Municipal Development Districts Act; and has established Tax
Increment Financing District No.1 (the "Financial District") and a Tax Increment Financing Plan (the
"Plan") also pursuant to the enableing statutes of the State of Minnesota; and
WHEREAS, the major objectives of the Council in establishing the Development District are to:
remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and
deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities,
and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land
for redevelopment; and
WHEREAS, in order to achieve the objectives of the Program and Plan the City has acquired
certain real property located in the District (such real property is more particularly described in Schedule
A to this Agreement), and has determined to sell parts of the real property to the Redeveloper on the
condition that the Redeveloper construct the Minimum Improvements thereon; and
WHEREAS, the City believes that the development and redevelopment of the Development
District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the
vital and best interests of the City and the health, safety, morals and welfare of its residents, and in
accord with the public purposes and provisions of applicable federal, state and local laws under which
the Program is being undertaken, and;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from
the context:
1
1.1.01. "Act" means the Municipal Development Districts Act, Minnesota Statutes, Section
469.124 et ~., as amended.
1.1.02. "Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
..
1.1. 03. "Certificate of Completion" means the certification, in the form of the certificate
contained in Schedule D attached to and made a part of this Agreement, provided to the Redeveloper,
pursuant to Section 404 of this Agreement.
1.1.04. "City" means the City of Stillwater, Minnesota.
1.1.05. "Construction Plans" means the plans, specifications, drawings and related documents
for the construction work to be performed by the Redeveloper on the Redevelopment Property which
(a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted
to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2)
foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and landscape plan;
and (6) such other plans or supplements to the foregoing plans as the City may reasonably request.
1.1.06. "County" means the County of Washington, Minnesota.
1.1.07. "Development District" means Municipal Development District No.1 created by the
City.
1.1.08. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this
Agreement.
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1.1.09. Intentionally Omitted
1.1.10. Intentionally Omitted
1.1.11. "Holder" means the grantee under any Mortgage.
1.1.12. "Hotel Parcel" means that portion of the Redevelopment Property described as the "Hotel
Parcel" on Schedule A.
1.1.13. "Minimum Improvements" means the improvements to be constructed by the
Redeveloper on the Redevelopment Property, as detailed in the construction plans.
1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes,
Section 116D.01 et ~., as amended.
1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes,
Sections 116B.01 et ~., as amended.
1.1.16. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole
or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
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1.1.17. "National Environmental Policy Act" means the federal law located at 42 U.S.C.~~4331
et ~., as amended.
1.1.18. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City
under a policy or policies of insurance required to be provided and maintained by the Redeveloper
pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and
disbursements of counsel) incurred in the collection of such proceeds.
1.1.19. "Parking Parcel" means that portion of the Redevelopment Property described in
Schedule A.
1.1.20. "Permitted Encumbrances" means the encumbrances described in Schedule E of this
Agreement.
1.1.21. "Program" means the development program approved by the City in connection with the
creation of the Development District, as it may be amended or modified.
1.1.22. "Redeveloper" means St. Croix Preservation Company, a Minnesota General Partnership.
1.1.23. "Redevelopment Property" means the real property described in Schedule A of this
Agreement, consisting of the Hotel Parcel and the Parking Parcel.
1.1.24. "Redevelopment Property Deed" means the Deed in Schedule B of this Agreement, used
to convey the Redevelopment Property from the City to the Redeveloper.
1.1.25. "State" means the State of Minnesota.
1.1.26. "Unavoidable Delays" means delays which are the direct result of strikes, other labor
troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation
commenced by third parties which, by injunction or other similar judicial action, directly results in
delays, or acts of any federal, state or local governmental unit (other than the City) which directly result
in delays.
ARTICLE II
Representations and Warranties: Inter:pretive Rule
Section 2.1. Representations by the City. The City makes the following representations as the
basis for the undertaking on its part herein contained:
2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized
and existing under the laws of the State.
2.1.2. The City has created, adopted and approved the Development District in accordance with
the terms of the Act.
2.1.3. The City has acquired the Redevelopment Property in accordance with the Plan and this
Agreement and will sell and convey the Redevelopment Property to the Redeveloper upon which the
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Redeveloper will construct the Minimum Improvements.
2.1.4. The City has acquired title to the Redevelopment Property.
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2.1.5. The City has determined that the Minimum Improvements proposed to be constructed on
the Redevelopment Property are an allowable use under the City zoning ordinance.
Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents
and warrants that:
2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in
accordance with the terms of this Agreement, and all local, state and federal laws and regulations
including, but not limited to, environmental, zoning, building code and public health laws and
regulations .
2.2.2. The Minimum Improvements will be maintained as an allowed use under the zoning
ordinance of the City.
2.2.3. At such time or times as will be required by law, the Redeveloper will have complied with
all applicable local, state and federal environmental laws and regulations, and will have obtained any and
all necessary environmental reviews, and is in compliance with the requirements of the National
Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and the Critical Areas Act
of 1973. As of the date of execution of this Agreement, the Redeveloper has received no notice or
communication from any local, state or federal official that the activities of the Redeveloper or the City
in the Development District may be or will be in violation of any environmental law or regulation. As
of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which
could cause the Redevelopment Property to be in violation of any local, state or federal environmental
law, regulation or review procedure or which would give any person a valid claim under the Minnesota
Environmental Rights Act.
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2.204. Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of
this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions
or provisions of any corporate restriction or any evidences of indebtedness; agreement or instrument of
whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default
under any of the foregoing.
2.2.5. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its
governing body members, officers, employees, agents and contractors, from any and all claims or causes
of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its
officers, employees, agents or contractors in connection with this Agreement or the construction,
installation, ownership or operation of the Minimum Improvements.
ARTICLE III
Conveyance of Redevelopment Prooerty
Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the
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Redevelopment Property to the Redeveloper pursuant to Article III of this Agreement if the following
conditions are first satisfied with respect to the Minimum Improvements to be constructed thereon:
(i) the Redeveloper is not then in default under this Agreement;
(ii) the conditions set forth at Section 3.5 have been satisfied.
Section 3.2. Time of Closing.
3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been
cured), the City shall execute and deliver to Redeveloper the Redevelopment Property Deed on the later
of:
(i) the conditions set forth in Section 3.5 have been satisfied; or
(ii) on such other date as the City and the Redeveloper shall mutually agree in writing.
3.2.2. Unless otherwise mutually agreed by the City and the Redeveloper, the execution and
delivery of all deeds and the payment of any purchase price shall be made at the principal offices of the
City.
Section 3.3. Consideration.
3.3.1. The consideration to be paid to the City by the Redeveloper in exchange for the
Redevelopment Property Deed, at the time and date of closing, shall be the net residual payment of
$635,000 (from the acquisition price of $1,150,000, less forgiveness of $515,000) and the continuing
promises of the Redeveloper contained in this agreement.
Section 3.4. Title.
304.1. The City agrees that it will, on or before the date that the City delivers the Redevelopment
Property Deed, review the state of title to the property and take such actions as may be reasonably
possible to render title to the parcel marketable.
304.2. The City shall voluntarily take no actions to encumber title to any parcel of the
Redevelopment Property between the date of this agreement and the date on which the Redevelopment
Property Deed for the parcel is executed by the City and delivered to the Redeveloper.
Section 3.5. Additional Conditions to City Activities. Without limiting any other provision of
this Agreement, the City shall not be obligated to deliver the Redevelopment Property Deed unless and
until the following conditions have been satisfied with respect to the Redevelopment Property and the
Minimum Improvements to be constructed thereon:
3.5.1 The Redeveloper has submitted Construction Plans which have been approved by the City
in accordance with Section 4.2 of this Agreement;
3.5.2. The Redeveloper has obtained fmancing sufficient for construction of the Minimum
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Improvements as set forth in Article VII of this agreement, the disbursement of which is subject only to
such conditions as the City may approve; and
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3.5.3. The City has approved an arrangement for disbursement of funds by the Redeveloper or
its lender that will insure the performance of the Redeveloper's obligation to construct the Minimum
Improvements and the payment of liens or claims related to the furnishing of labor or material furnished
in connection with the construction on the Minimum Improvements.
3.5.4. The Redeveloper has submitted to the City executed binding construction contracts which
provide for construction of the Minimum Improvements within the time frames specified for the
construction in this Agreement.
Section 3.6. Limitation on City Financial Obligations.
3.6.1. The parties hereto agree that in no event shall the City be obligated to expend pursuant
to this Agreement more than the tax increment expressly described in this agreement.
Section 3.7 Contingencies to Redeveloper's Obligations. The satisfaction of each and every of
the following contingencies shall be conditions precedent to Redeveloper's obligations and liabilities
hereunder.
3.7.1. The issuance of an intoxicating on sale liquor license to Redeveloper or its designees
permitting the sale of alcoholic beverages upon the Redevelopment Property and such reasonable
assurances as may be permissible of the renewal thereof.
3.7.2. The execution, delivery and performance of an acceptable parking agreement between the
Redeveloper and the City. The stalls provided under this parking agreement shall be considered to satisfy
any obligations to provide parking for the Redevelopment Property.
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3.7.3. (Intentional I y left blank.)
3.704. The ability of Redeveloper to obtain satisfactory financing for the Minimum
Improvements, the acquisition of the rights to the Redevelopment Property and the other costs and
expenses associated with the proposed Project. The City acknowledges that a lender providing financing
for the Minimum Improvements may reasonably request that certain amendments or modifications be
made in this Agreement. The City agrees to authorize, execute and deliver written evidence of its consent
to such reasonable amendments or modifications.
3.7.5. The ability of Redeveloper to raise the necessary capital in a cost-effective manner to
allow Redeveloper to qualify for and obtain financing for the Project.
3.7.6. The ability of the City to provide Redeveloper and its lender with reasonable evidence
that the City owns the Redevelopment Property free and clear of all liens, mortgages and encumbrances
or other claims except easements or restrictions of record.
3.7.7. The determination by Redeveloper that construction is feasible as proposed by the
Construction Plans, considering the subsurface and environmental conditions of the Redevelopment
Property .
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3.7.8. The availability of tax incremental financing ("TIF") as in an amount of not less than the
tax increment generated by the Minimum Improvement as reimbursement for the following costs
associated with the redevelopment of the Redevelopment Property:
Land Acquisition
Utility Work
Landscaping
Demolition
Flood Plain Protection
Subsurface SoillFoundation
Preparation
$635,000
$-
$-
$200,000
$-
$-
$-
Total
$835,000
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will
construct the Minimum Improvements on the Redevelopment Property in accordance with the approved
Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum
Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel
thereof, in good repair and condition.
Section 4.2. Construction Plans.
4.2.1. The Preliminary Plans shall be deemed approved by the City.
4.2.2. No later than ninty (90) days after the date of this Agreement, the Redeveloper shall
submit Construction Plans to the City. The Construction Plans shall provide for the construction of the
Minimum Improvements and shall be in conformity with the Program, this Agreement, the Preliminary
Plans, and all applicable state and local laws and regulations. The City shall approve the Construction
Plans in writing if, in the sole discretion of the City: .
(a) the Construction Plans are consistent with the Preliminary Plans and conform to the
terms and conditions of this Agreement; .
(b) the Construction Plans conform to the goals and objectives of the Program and Plan;
(c) the Construction Plans conform to all applicable federal, State and local laws,
ordinances, rules and regulations;
(d) the Construction Plans are adequate to provide for the construction of the Minimum
Improvements;
(e) the Plans are consistent with zoning permits and all conditions of approval; and
(t) no Event of Default has occurred. No approval by the City shall relieve the
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Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the
Program, applicable federal, state and local laws, ordinances, rules and regulations, or to
construct the Minimum Improvements. No approval by the City shall constitute a waiver of an
Event of Default. Such Construction Plans shall, in any event, be deemed approved unless
rejected in writing by the City, in whole or in part. Such rejection shall set forth in detail the
reasons therefor, and shall be made within twenty (20) days after the date of their receipt by the
City. If the City rejects the Construction Plans in whole or in part, the Redeveloper shall submit
new or corrected Construction Plans within sixty (60) days after written notification to the
Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and
resubmission of corrected Construction Plans shall continue to apply until the Construction Plans
have been approved by the City.
4.2.3. If the Redeveloper desires to make any change in the Preliminary Plans or Construction
Plans after their approval by the City, the Redeveloper shall submit the proposed change to the City for
its approval. If the Preliminary Plans or Construction Plans, as modified by the proposed change,
conform to the requirements of this Section 4.2 of this Agreement with respect to such previously
approved Construction Plans, the City shall approve the proposed change and notify the Redeveloper in
writing of its approval. Such change in the Preliminary Plans or Construction Plans shall, in any event,
be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to the
Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10)
days after receipt of the notice of such change.
Section 4.3. Commencement and Completion of Construction. The Redeveloper shall commence
construction of the Minimum Improvements within seven (7) days after delivery of the Redevelopment
Property Deed, or on such other date as the parties shall mutually agree. The Redeveloper shall complete
the construction by October 31, 1996. All work with respect to the Minimum Improvements to be
constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity with
the Preliminary Plans and Construction Plans as submitted by the Redeveloper and approved by the City.
The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to
the Redevelopment Property, or any part thereof, and the Redevelopment Property Lease shall contain
covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper,
and such successors and assigns, shall promptly begin and diligently prosecute to completion the
redevelopment of the Redevelopment Property through the construction of the Minimum Improvements
thereon, and that such construction shall in any event be commenced and completed within the period
specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed,
and the Redevelopment Property Deed shall so expressly provide, that such agreements and covenants
shall be covenants running with the land and that they shall, in any event, and without regard to technical
classification or designation, legal or otherwise, and except only as otherwise specifically provided in the
Agreement itself, be, to the fullest extent permitted by law and equity. binding for the benefit of the City
and enforceable by the City against the Redeveloper and its successors and assigns. Until construction
of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail
and at such times as may reasonably be requested by the City, as to the actual progress of the
Redeveloper with respect to the construction.
Section 404. Certificate of Completion.
404.1. Promptly after completion of the Minimum Improvements in accordance with the
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Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certifying.
Such certification by the City shall be a conclusive determination of satisfaction and termination of the
agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct
the Minimum Improvements and the dates for the beginning and completion thereof. Such certification
and such determination shall not constitute evidence of compliance with or satisfaction of any obligation
of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned
to finance the Minimum Improvements, or any part thereof.
404.2. The certificate provided for in this Section 404 of this Agreement shall be in such form
as will enable it to be recorded in the proper office for the recordation of deeds and other instruments
pertaining to the Redevelopment Property. If the City shall refuse or fail to provide any certification in
accordance with the provisions of this Section 404 of this Agreement, the City shall, within thirty (30)
days after written request by the Redeveloper, provide the Redeveloper with a written statement,
indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum
Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what
measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform
in order to obtain such certification.
404.3. The construction shall be deemed to be completed when it is substantially completed, as
determined by the City in the exercise of its reasonable discretion, but not later than the date upon which
a certificate of occupancy is issued..
Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold
harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims
from persons or entities related to the furnishing of labor or materials in connection with construction of
the Minimum Improvements.
Section 4.6. Tax Increment Payment:$. Provided that the, Minimum Improvements are
substantially completed by January 1, 1996, the City agrees to pay in equal installments, during the life
of the tax increment financing district beginning on August 1, 1997, and again on February 1, 1998, (the
"Scheduled Payment Dates") and each August 1 and February 1 thereafter a sum equal to the lesser of
$12,500 or 50% of the available tax increments generated by the Minimum Improvements; the
"Scheduled Payments."
Each payment shall be made by check or draft made payable to the Redeveloper and mailed to
the Redeveloper at 306 Olive Street, Stillwater, Minnesota 55082. The Redeveloper by notice to the City
may designate different addresses to which the payments shall be sent.
The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only
to the extent that the City shall have received as of the Scheduled Payment Date Available Tax
Increments, as defined in this Contract, received in the six months prior to a Scheduled Payment Date
with respect to the Redevelopment property.
To the extent that on any Scheduled Payment Date the City is unable to make the total Scheduled
Payment due as a result of its having received insufficient Available Tax Increments, the Scheduled
Payment shall be suspended until such time as the City has received, by payment of delinquent taxes or
otherwise sufficient increment, for payment of the suspended amount.
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This obligation shall not be payable from or constitute a charge upon any funds of the City, and
the City shall not be subject to any liability or be deemed to have obligated itself to pay from any funds
except the Available Tax Increment, and then only to the extent and in the manner herein specified.
The Redeveloper shall never have or be deemed to have the right to compel any exercise of any
taxing power of the City or of any other public member, officer, employee or agent of the City, shall be
liable personally for any payment.
ARTICLE V
Insurance
Section 5.1. Insurance.
5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing
the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof
of payment of premiums on:
(i) Builder's Risk Insurance, written on the so-called "Builder's Risk-Completed Value
Basis, " in an amount equal to one hundred percent (100%) of the insurable value of the Minimum
Improvements at the date of completion, and with coverage available in nonreporting form on the
so-called "all risk" form of policy. The interest of the City shall be protected in accordance with
a clause in form and content satisfactory to the City.
(ii) Comprehensive general liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations and contractual liability insurance) together
with ail Owner's Contractor's Policy with limits against bodily injury and property damage of not
less than $1,000,000.00 for each occurrence (to accomplish the above-required limits, an
umbrella excess liability policy may be used).
(Hi) Worker's compensation insurance, with statutory coverage.
The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and
content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed
to transact business in the State. The policy of insurance delivered pursuant to clause (i) above shall
contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the
City in the event of cancellation of such policy or change affecting the coverage thereunder.
5.1.2. Upon completion of construction of the Minimum Improvements and prior to the Maturity
Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time
to time at the request of the City shall furnish proof of payment of premiums on, insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements under a policy
or policies covering such risks as are ordinarily insured against by similar businesses, including
(without limiting the generality of the foregoing) fire, extended coverage, vandalism and
malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse
and flood in an amount not less than the full insurable replacement value of the Minimum
Improvements, but any such policy may have a deductible amount of not more than $25,000.
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No policy of insurance shall be so written that the proceeds thereof will produce less than the
minimum coverage required by the preceding sentence, by reason of co-insurance provisions or
otherwise, without the prior consent thereto in writing by the City. The term "full insurable
replacement value" shall mean the actual replacement cost of the Minimum Improvements
(excluding foundation and excavation costs and costs of underground flues, pipes, drains, and
other uninsurable items) and equipment, and shall be determined from time to time at the request
of the City, but not more frequently than once every three years, by an insurance consultant or
insurer, selected and paid for by the Redeveloper and approved by the City. All policies
evidencing insurance required by this subparagraph (i) with respect to the Minimum
Improvements shall be carried in the names of the Redeveloper and the City as their respective
interests may appear and shall contain clauses which provide for Net Proceeds of insurance
resulting from claims per casualty thereunder to the Minimum Improvements to be made payable
in accordance with the terms of any approved Mortgage, or if no Mortgage, in trust for the
benefit of the Redeveloper and it as their intent may appear. The City and the Redeveloper shall
jointly agree on the amount of settlement.
(ii) Comprehensive general public liability insurance, including personal injury liability
(with employee exclusion deleted), and automobile insurance, including owned, non-owned and
hired automobiles, against liability for injuries to persons and/or property, in the minimum
amount for each occurrence and for each year of $1,000,000.00, for public liability not arising
from ownership or operation of automobiles (or other motor vehicles), and in the minimum
amount of $600,000 for each occurrence and for each year for liability arising out of ownership
or operation of automobiles (or other motor vehicles).
(iii) Such other insurance, including worker's compensation insurance respecting all
employees of the Redeveloper engaged in work with respect to the construction of the Minimum
Improvements, in such amount as is customarily carried by like organizations engaged in like
activities of comparable size and liability exposure; provided that the Redeveloper may be self-
insured with respect to all or any part of its liability for worker's compensation.
5.1.3. All insurance required in Article V of this Agreement shall be taken out and maintained
in responsible insurance companies selected by the Redeveloper which are authorized under the laws of
the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City
policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers .
stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this
Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it without
giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or
modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the
Redeveloper shall furnish the City evidence satisfactory to the City that the policy has been renewed or
replaced by another policy conforming to the provisions of this Article V of this Agreement, or that there
is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may
maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage
required herein, in which event the Redeveloper shall deposit with the City a certificate or certificates
of the respective insurers as to the amount of coverage in force upon the Minimum Improvements.
5.104. The Redeveloper agrees to notify the City immediately in the case of damage exceeding
$25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting
from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper
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will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an '
improved condition or value as it existed prior to the event causing such damage and, to the extent
necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net
Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or
reimbursement of the costs thereof.
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In the event the Minimum Improvements or any portion thereof is destroyed by fire or other
casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper
shall within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to
repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or
utility value as it existed prior to the event causing such damage or destruction and, to the extent
necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net
Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the
payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of
construction shall be disbursed to the Redeveloper.
5.1.5. If the Redeveloper is in compliance with the terms this Agreement and then any Net
Proceeds of insurance relating to such damage or destruction received by the City shall be released from
time to time by the City to the Redeveloper upon the receipt of:
(1) A certificate of an authorized representative of the Redeveloper specifying the
expenditures made or to be made or the indebtedness incurred in connection with such repair,
reconstruction and restoration and stating that such Net Proceeds, together with any other moneys
legally available for such purpose, will be sufficient to complete such repair, construction and
restoration; and
(2) If Net Proceeds equal or exceed $25,000 in amount, the written approval of such
certificate by an independent engineer.
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The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum
Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for such
purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such
repairs, construction and restoration shall be remitted to the Redeveloper.
ARTICLE VI
Real Property Taxes and Assessments
Section 6.1. Real Property Taxes.
6.1.1. The Redeveloper shall pay when due all real property taxes payable with respect to the
Redevelopment Property including installments for special assessments payable therewith and thereafter.
ARTICLE VII
Financin2
Section 7.1. Financing.
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7.1.1. On or before December 31, 1994, the Redeveloper shall submit to the City evidence of
a commitment for financing sufficient for construction of the Minimum Improvements (taking into account
equity monies that will be provided by the Redeveloper). If the City finds that the financing is
sufficiently committed, adequate in amount to provide for the construction of the Minimum
Improvements, and contains other terms and conditions which are not inconsistent with the objectives and
needs of the City, then the City shall notify the Redeveloper in writing of its approval. Such approval
shall not be unreasonably withheld and either approval or rejection shall be given within twenty (20) days
from the date when the City is provided the evidence of such financing. If the City rejects the evidence
of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event
the Redeveloper shall submit adequate evidence of financing within thirty (30) days after such rejection.
Section 7.2. Limitation Upon Encumbrance of Proverty. Prior to the completion of the
Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest
to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part
thereof shall engage in any financing or any other transaction creating any mortgage or other
encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of
law, or suffer any encumbrance or lien to be made on or attach to the parcel, except:
(a) for the purposes of obtaining funds only to the extent necessary for constructing the
Minimum Improvements (including, but not limited to, labor and materials, professional fees, real
estate taxes, construction interest, organizational and other indirect costs of development, costs
of constructing the Minimum Improvements, and an allowance for contingencies), and
(b) only upon the prior written approval of the City.
(c) except operating agreements.
Section 7.3. Approval of Mortgag:e. The City shall approve a Mortgage if:
(a) the City first receives a copy of all mortgage documents;
(b) the City determines, in its sole discretion, that the mortgagee is a responsible lender
capable of and authorized to make the mortgage loan;
(c) the City determines, in its sole discretion, that the mortgage loan, together with other
funds available to the Redeveloper, will be sufficient to construct Minimum Improvements;
(d) the City determines, in its sole discretion, that no Event of Default has occurred; and
(e) the City determines, in its sole discretion, that the terms of the Mortgage conform to
the terms of Section 7.6 of this Agreement. The approval of the City shall not be unreasonably
withheld.
Section 704. Copy of Notice of Default to Mortgagee. Whenever the City shall deliver any
notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its
obligations or covenants under the Agreement, the City shall at the same time forward a copy of such
notice or demand to each Holder of any Mortgage authorized by the Agreement at the last address of such
Holder shown in the records of the City.
13
Section 7.5. Mortgat!ee's Option to Cure Defaults. After any breach or default, each such
Holder shall (insofar as the rights of the City are concerned) have the right (but not the obligation), at
its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates
to the part of the Redevelopment Property covered by its mortgage) and to add the cost thereof to the
Mortgage debt and the lien of its Mortgage: Provided, That if the breach or default is with respect to
construction of the Minimum Improvements, nothing contained in this Section or any other Section of
this Agreement shall be deemed to permit or authorize such Holder, either before or after foreclosure or
action in lieu thereof, to undertake or continue the construction or completion of the Minimum
Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or
construction already made) without first having expressly assumed the obligation to the City, by written
agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Minimum
Improvements on the Redevelopment Property or the part thereof to which the lien or title of such Holder
relates. Any such Holder who shall properly complete the Minimum Improvements relating to the
Redevelopment Property or applicable part thereof shall be entitled, upon written request made to the
City, to a certification by the City to such effect in the manner provided in Section 404 of this Agreement,
and any such certification shall, if so requested by such Holder, mean and provide that any remedies or
rights with respect to recapture of or reversion or revesting of title to the Redevelopment Property that
the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to
the Redevelopment Property, or any part thereof, to cure or remedy any default with respect to the
construction of the Minimum Improvements on other parts or parcels of the Redevelopment Property,
or because of any other default in or breach of the Agreement by the Redeveloper or such successor, shall
not apply to the part or parcel of the Redevelopment Property to which such certification relates.
Section 7.6. City's Option to Cure Default on Mortgage. In the event that the Redeveloper is
in default under any Mortgage authorized pursuant to this Article VII of this Agreement, the mortgagee,
within ten (10) days after it or any of its agents or employees become aware of any such default and prior
to exercising any remedy available to it due to such default, shall notify the City in writing of: (a) the
fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If,
within thirty (30) days after receipt of said notice, the City cures any monetary defaults under the
Mortgage and commences the actions necessary to cure any other default (and cures the other default
within six (6) months after receipt of said notice), then the mortgagee shall pursue none of its remedies
under the Mortgage based upon the said default of the Redeveloper. In the evenf of a transfer of the title
to the Redevelopment Property to the City, or a third party approved by the City, whether or not required
to cure a default under the Mortgage, said transfer shall not constitute an event of default under the
Mortgage unless the security of the mortgagee has, in fact, been impaired by said transfer. In the event
of said transfer (which does not impair the security of the mortgagee), the mortgagee shall permit the
transferee to assume all outstanding obligations (and receive all remaining disbursements) under the
Mortgage and the loan secured by the Mortgage. The City will not approve any mortgage, pursuant to
Article VII of this Agreement, which does not contain terms which conform to the terms of this
Agreement. The City may modify any of the terms or requirements of this Agreement with the
mortgagee of any Mortgage without the approval or consent of the Redeveloper after obtaining
possession.
Section 7.7. Modification for Benefit of Mortgages. In order to facilitate the Redeveloper's
obtaining of fmancing for construction of the Minimum Improvements the City agrees that it will consent
to reasonable modifications of this Agreement if requested by a prospective lender and if the City, in its
reasonable discretion, determines that such modification(s) will adequately protect the legitimate interests
and security of the City in the Redevelopment Property and Minimum Improvements and under this
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Agreement.
ARTICLE Vill
Prohibitions A~ainst Assi~nment and Transfer
Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that
its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are,
and will be used, for the purpose of redevelopment of the Redevelopment Property and not for
speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of
the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids
that have been made available by the City for the purpose of making such redevelopment possible; and
(c) the fact that any act or transaction involving or resulting in a significant change in the identity of the
parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or
disposition of the property then owned by the Redeveloper, the qualifications and identity of the
Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because
of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and,
in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful,
performance of all undertakings and covenants hereby by it to be perfo~ed. '
Section 8.2. Prohibition Al!ainst Transfer of Property and Assil:!lUl1ent of Agreement. Also, for
the foregoing reasons the Redeveloper represents and agrees that:
8.2.1. Except only by way of security for, and only for, the purpose of obtaining financing
necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any
part thereof, to perform its, obligations with respect to making the Minimum Improvements under the
Agreement, and only if such financing has been approved by the City, the Redeveloper (except as so
authorized) has not made or created, and will not make or create, or suffer to be made or created, any
total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof
or any interest therein, or any promise or agreement to do any of the same, without the prior written
approval of the City.
8.2.2. The City shall be entitled to require as conditions to any such approval that:
(i) Any proposed transferee shall have the qualifications and financial responsibility, as
determined by the City, necessary and adequate to fulfill the obligations undertaken in the
Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the
Redevelopment Property, such obligations to the extent that they relate to such part).
(ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form
recordable among the land records, shall, for itself and its successors and assigns, and expressly
for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under
the Agreement and agreed to be subject to all the conditions and restrictions to which the
Redeveloper is subject (or, in the event the transfer is of or relates to part of the Redevelopment
Property, such obligations, conditions, and restrictions to the extent that they relate to such part)
even if the Redeveloper agrees to continue to fulfill those obligations: Provided, That the fact
that any transferee of, or any other successor in interest whatsoever to, the Redevelopment
15
Property, or any part thereof, shall, for whatever the reason, not have assumed such obligations
or so agreed, shall not (unless and only to the extent otherwise specifically provided in the
Agreement or agreed to in writing by the City) relieve or except such transferee or successor of
or from said obligations, conditions, or restrictions, or deprive or limit the City of or with respect
to any rights or remedies or controls with respect to the Redevelopment Property or the
construction of the Minimum Improvements; it being the intent of this, together with other
provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting
only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer
of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or
any interest therein, however consummated or occurring, and whether voluntary or involuntary,
shall operate, legally or practically, to deprive or limit the City of or with respect to any rights
or remedies or controls provided in or resulting from the Agreement with respect to the
Redevelopment Property and the construction of the Minimum Improvements that the City would
have had, had there been no such transfer or change.
(Hi) There shall be submitted to the City for review all instruments and other legal
documents involved in effecting transfer; and if approved by the City, its approval shall be
indicated to the Redeveloper in writing.
In the absence of specific written agreement by the City to the contrary, no such transfer or
approval by the City thereof shall be deemed to relieve the Redeveloper; or any other party bound in any
way by the Agreement or otherwise with respect to the construction of the Minimum Improvements, from
any of its obligations with respect thereto.
Section 8.3. Approvals. Any approval requITed to be given by the City under this Article vm
of this Agreement may be denied only in the event that the City reasonably, determines that the ability
of the Redeveloper to perform its obligations under this Agreement will be materially impaired by the
action for which approval is sought.
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this
Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless
the context otherwise provides), anyone or more of the following events:
9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments
required to be paid or provided under this Agreement, including real estate taxes due and payable on the
Redevelopment Property before they become delinquent.
9.1.2. (Intentionally left blank.)
9.1.3. Failure by the Redeveloper to provide and maintain any insurance required to be provided
and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the
Minimum Improvements when required pursuant to Section 5.1 of this Agreement.
9.1.4. Failure by the Redeveloper to submit a commitment for financing to the City in a timely
16
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manner pursuant to the terms and conditions of Section 7.1 of this Agreement.
9.1.5. Failure by the Redeveloper to commence and complete construction of the Minimum
Improvements pursuant to the terms, conditions and limitations of Article IV of this Agreement.
9.1.6. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed hereunder.
9.1.7. The Holder of any Mortgage exercises any remedy provided by the Mortgage documents
or exercises any remedy provided by law or equity in the event of a default in any of the terms or
conditions of the Mortgage.
9.1.8. Failure of the Redeveloper to submit satisfactory Construction Plans in accordance with
Section 4.2 of this Agreement.
9.1.9. (Intentionally left blank.)
9.1.10. The Redeveloper:
(i) files any petition in bankruptcy or for any reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law;
(ii) makes an assignment for the benefit of its creditors;
(Hi) admits in writing its inability to pay its debts generally as they become due; or
(iv) is adjudicated bankrupt or insolvent.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1
of this Agreement occurs, the City may take anyone or more of the following actions after providing
thirty (30) days written notice to the Redeveloper of the Event of Default, but only if the Event of Default
has not been cured within the thirty (30) days, or if the Event of Default is by its nature incapable of
being cured within the thirty (30) days, the Redeveloper does not furnish the City with assurances,
reasonably satisfactory to the City, that the Event of Default will be cured and will be cured as soon as
reasonably possible:
9.2.1. Suspend its performance under the Agreement until it receives assurances from the
Redeveloper, deemed adequate by the City, that the Redeveloper will cure its default and continue its
performance under the Agreement.
9.2.2. Terminate the Agreement.
9.2.3. Withhold the Certificate of Completion.
9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the
insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the
terms of the policies.
17
9.2.5. Take whatever action, including legal or administrative action, which may appear
necessary or desirable to the City, including any actions to collect any payments due under this
Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the
Redeveloper under this Agreement.
Section 9.3. Revestinj! Title in City Upon Happening of Event Subsequent. In the event that
subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and prior to receipt
by the Redeveloper of the Certificate of Completion:
9.3.1. the Redeveloper shall fail to begin construction of the Minimum Improvements in
conformity with this Agreement by April 26, 1996, and such failure to begin construction is not cured
within ninety (90) days after written notice from the City to the Redeveloper to do so.
Section 9 A. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City
is intended to be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under this Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as may
be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved
to it, it shall not be necessary to give notice, other than such notice as may be required in this Article
IX.
Section 9.5. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the other party,
such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests: City Representatives Not Individually Liable. No member,
official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement,
nor shall any such member, official, or employee participate in any decision relating to the Agreement
which affects his personal interests or the interests of any corporation, partnership, or association in
which he is, directly or indirectly, interested. No member, official, or employee of the City shall be
personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach
by the City or for any amount which may become due to the Redeveloper or successor or on any
obligations under the terms of the Agreement, except in the case of willful misconduct.
Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors
and assigns, agrees that during the construction of the Minimum Improvements provided for in the
Agreement it will comply with all non-discrimination and affirmative action requirements applicable under
any state, federal or local law, ordinance or regulation.
Section 10.3. Provisions Merged With Deed. The provisions of this Agreement are intended
to and shall be merged with the Deed transferring any interest in the Redevelopment Property .
18
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Section 1004. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement,
a notice, demand, or other communication under the Agreement by either party to the other shall be
sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally; and
(a) in the case of the Redeveloper, is addressed to or delivered personally to the
Redeveloper at 306 Olive Street, Stillwater, Minnesota 55082; and
(b) in the case of the City, is addressed to or delivered personally to the City at 216
North 4th Street, Stillwater, Minnesota 55082;
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other party as provided in this Section.
Section 10.6. Counter:parts. This Agreement is executed in any number of counterparts, each
of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name
and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be
duly executed in its name and behalf on or as of the date first above written.
THE CITY OF STILLWATER, MINNESOTA
By
Charles M. Hooley, Its Mayor
By
Modi Weldon, Its City Clerk
ST. CROIX PRESERVATION COMPANY,
a Minnesota General Partnership
By
By
By
19
This instrument was drafted by:
David T. Magnuson
Magnuson Law Firm
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
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SCHEDULE A
DESCRIPTION OF REDEVELOPMENT PROPERTY
HOTEL PARCEL
Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South
half of the Easterly extension of E. Myrtle Street, according to the recorded plat thereof, lying Easterly
of the Easterly line of N. Water Street, according to the recorded plat thereof, and lying Westerly of a
line drawn parallel with and distant 8.5 feet Westerly of, as measured at right angles to, Burlington
Northern Railroad Company's (formerly Northern Pacific Railway Company's) Original Main Track
centerline, as originally located and constructed upon, over and across Block 27.
PARKING PARCEL
All surface rights on that portion of Block 18, Original Town of Stillwater, Minnesota, according
to the recorded plat thereof, lying Easterly of the Easterly line of N. Water Street, according to the
recorded plat thereof, and lying Westerly of a line drawn parallel with and distant 8.5 feet Westerly of,
as measured at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific
Railway Company's) New Main Track centerline, as now located and constructed, and between the
Easterly extensions of East Myrtle Street and the Easterly extension of Commercial Street, according to
the recorded plat thereof, retaining in the Grantor all air rights above the surface of the parking parcel.
A-I
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MEMORANDUM
TO: Mayor and City Council
FR: Stevc Russell, Community Development Director f2-
DA: September 15, 1994
RE: FINAL LANGUAGE FOR SALES TAX REFERENDUM
At your meeting of September 6, 1994, sample language for the 1 percent sales tax referendum in
November was presented to the council. At that meeting, the council continued consideration of
the language to this meeting to provide for alternative language.
Attached to this staff report are three (3) language alternatives A, B, and C that can be selected or
modified as the referendum language.
Recommendation:
Approval of wording for referendum.
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ALTERNATIVE A
Shall the city seek special legislation enabling the city council to establish a I percent sales tax.
The funds would be limited to use for costs associated with the Lowell Park improvements,
purchasing park land, upgrading the exiting neighborhood park system, open space preservation,
a historic street lighting system for the downtown area and for a community center/ice arena.
The provision shall sunset in 2010.
Yes
No
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ALTERNATIVE B
Shall the city seek special legislation enabling the city council to establish I percent sales tax.
The funds would be used to implement city plans for specific improvements not associated with
the present city taxing programs.
Yes
No
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ALTERNATIVE C
Shall the city of Stillwater, Minnesota, seek special legislation to authorize the collection of a I
percent sales tax for the purposes of financing the cost of development of parks and recreation
improvements consisting of:
I. Reconstruction and extension of Lowell Park and levee.
2. Purchase of land and improve existing neighborhood parks.
3. Purchase land and construct ~re community park.
4. Construct community recreation complex including ice arena.
The special I percent tax shall sunset in 2010.
Yes
No
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POTENTIAL ARGUMENTS AGAINST 1 PERCENT SALES TAX
People will avoid buying big ticket items, i.e., jewelry, furniture, lumber in Stillwater.
The tax will discourage new business from locating in Stillwater.
No new taxes
ARGUMENTS FOR:
Generate equity for park facilities
No better way to provide for needed recreation facilities
Recent raise in price for gas is much more the impact of 1 percent tax
Fifty percent of tax be people from outside Stillwater
The referendum assumes that money will be used for specific park and recreation purposes
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COMMITTEE MEMBERS
Dick Olson
Jay Michels
Bob Uteck
Mike Mahoney
Dave Harvieux
Dick Anderson
Bob Beedle
John Melville
Monty Brine
Chris Amond
Gary Funke
Ned Windmiller
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Memorandum
To:
Mayor and Council
From:
Morli Weldon, City Clerk
Date:
September 6, 1994
Subject:
Review of Liquor and Cigarette License Fees
Attached is a copy of the 1993 Association of Metropolitan
Municipalities (AMM) survey of license fees. Below is a chart
summarizing the results.
CITIES CITIES CITIES CITIES
LICENSE TYPE 0-2500 2500 - 10,000 - OVER STILLWATER
10,000 20,000 20,000
.2 BEER OFF-SALE $ 632 $ 51 $ 50 $ 75 $ 5
3.2 BEER ON-SALE $ 632 $ 210 $ 318 $ 337 $ 50
LIQUOR ON-SALE $ 8525 $ 4118 $ 4477 $ 5829 $ 2000
WINE ON-SALE $ 200 $ 571 $ 711 $ 1222 $ 200
INVESTIGATION n/a to n/a to n/a to n/a to no charge
FEE $500 500 $10,000 $1000
CIGARETTES $ 12 $ 22 $ 23 $ 43 $ 12
Over-the-Counter
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CITIES 0 - 2,500
f
1
Spring Park
Watertown
Woodland
average
CITIES 2,500 - 10,000
Arden Hills
Bayport
Circle Pines
Dayton
Deephaven
Falcon Heights
Independence
Jordan
Lauderdale
Mahtomedi
Mendota Heights
Mound
Newport
Orono
Osseo
Rosemount
Shorewood
Spring Lake Park
St. Anthony
St. Francis
St. Paul Park
Wayzata
3.2 BEER OFF-SALE
average
CITIES 10,000 - 20,000
Anoka
Champlin
Chanhassen
Columbia Heights
Hastings
Hopkins
Mounds View
North St. Paul
Oakdale
Prior Lake
Robbinsdale
Savage
Shakopee
Stillwater
West St. Paul
average
40.00
75.00
25.00
15.00
30.00
150.00
35.00
100.00
45.00
50.00
15.00
25.00
10.00
25.00
15.00
150.00
50.00
50.00
75.00
50.00
30.00
75.00
51. O~ .
50.00
35.00
50.00
75.00
40.00
50.00
100.00
50.00
50.00
50.00
50.00
30NEAR
100.00
5.00
20.00
50.00
CITIES OVER 20,000
Apple Valley
Blaine
Bloomington
Brooklyn Center
Brooklyn Park
Bumsville
Coon Rapids
Cottage Grove
Crystal
Eagan
Eden Prairie
Edina
Fridley
Golden Valley
Inver Grove Heights
Maple Grove
Maplewood
Minneapolis
Minnetonka
New Brighton
New Hope
Richfield
Roseville
Shoreview
South St. Paul
St. Louis Park
White Bear Lake
Woodbury
average
2
80.00
35.00
54.00
100.00
50.00
65.00
85.00
100.00
42.00
75.00
150.00
255 NEW;RE 200
60.00
75.00
50.00
35.00
30.00
148.00
100.00
60.00
50.00
160.00
30.00
50.00
50.00
50.00
25.00
50.00
75.00
3.2 BEER ON-SALE .
CITIES 0 - 2,500 Shakopee 312.00
Stillwater 50.00
Spring Park 1064.00 West St. Paul 290.00
Watertown 200.00 average 318.00 ·
Woodland N/A CITIES OVER 20,000
lc ?}7 average 632.00 " ~
CITIES 2,500 - 10,000 Apple Valley 420.00
Blaine 300.00
Arden Hills 120.00 Bloomington 643.00
Bayport Brooklyn Center 500.00
Circle Pines N/A Brooklyn Park 300.00
Dayton 100.00 Bumsville 400.00
Deephaven 50.00 Coon Rapids 395.00
Falcon Heights 550.00 Cottage Grove 300.00
Independence 145.00 Crystal 522.50
Jordan 200.00 Eagan 250.00
Lauderdale NA Eden Prairie 110.00
Mahtomedi 65.00 Edina 255 NEW;
Mendota Heights 150.00 200 RE
Mound 200.00 Fridley 325-'-00
Newport 75.00 Golden Valley 450.00
Orono 75.00 Inver Grove Heights 275.00
Osseo NONE Maple Grove 300.00 .
Rosemount 150.00 Maplewood 100.00
Shorewood 300.00 Minneapolis 838-3784/SHOW
Spring Lake Park 300.00 Minnetonka 650 NEW;
St. Anthony 300.00 500 REN
St. Francis 250.00 New Brighton 175.00
St. Paul Park 250.00 New Hope 500.00
Wayzata 500.00 Richfield 550.00
average 210 . 00 Roseville 100.00
CITIES 10,000 - 20,000 Shoreview 150.00
South St. Paul 150.00
Anoka 250.00 St. Louis Park 750.00
Champlin 250.00 White Bear Lake 135.00
Chanhassen 270.00 Woodbury 300.00
Columbia Heights 325.00 average 337.00
Hastings 120.00
Hopkins 600.00
Mounds View 1000.00
North St. Paul 100.00
Oakdale 250.00
Prior Lake 200.00
Robbinsdale 550.00
Savage 200IYEAR
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1
3.2 BEER ON-SALE
TEMPORARY
CITIES 0 - 2,500
Spring Park N/A
Watertown 1/DY
Woodland N/A Shakopee
Stillwater
CITIES 2,500 - 10,000 West S1. Paul
Arden Hills 40.00 CITIES OVER 20,000
Bayport 10.00
Circle Pines N/A Apple Valley
Dayton 15/EVENT Blaine
Deephaven 10.00 Bloomington
Falcon Heights N/A Brooklyn Center
Independence 50.00 Brooklyn Park
Jordan 10.00 Bumsville
Lauderdale NA Coon Rapids
Mahtomedi 5.00 Cottage Grove
Mendota Heights
Mound 10+21DY Crystal
AFT.3DY. Eagan
Newport 10.00 Eden Prairie
Orono 15.00 Edina
Osseo N/F Fridley
Rosemount 30.00 Golden Valley
Shorewood 25.00 Inver Grove Heights
Spring Lake Park 25.00 Maple Grove
S1. Anthony N/F Maplewood
S1. Francis 25.00 Minneapolis
S1. Paul Park 5/DAY Minnetonka
Wayzata 25.00 New Brighton
CITIES 10,000 . 20,000 New Hope
Richfield
Roseville
Anoka 50/DY Shoreview
Champlin 10.00
Chanhassen 1.00 South S1. Paul
CHARITABLE S1. Louis Park
Columbia Heights CLUB 1 OO/DA Y White Bear Lake
Hastings 51DAY Woodbury
Hopkins 251EVENT
Mounds View NONE
North S1. Paul
Oakdale 10.00
Prior Lake 25.00
Robbinsdale 10.00
Savage 20/3DYS
4
15.00
N/F
15.00
35.00
50.00
43.00
1 O/DA Y
20.00
5/DA Y
30/DY;90 MAX
25/3 CONSEC.
DYS
13.25/DY
25.00
35.00
60.00
N/A
30.00
20.00
221DY
57/DY;29/ADD DY
25.00
30.00
N/A
N/A
N/A
EVENT 1STI
10,EAADD 75.00
50.00
50/DA Y
51DAY
N/C
~t<
LIQUOR ON-SALE .
CITIES 0 - 2,500
Prior lake 5150.00
Robbinsdale 5500.00
Spring Park / 9050.00 Savage 7500IYR
cC "'~ Shakopee
Watertown C;'- "J 8000.00 CITY HAS
,)
Woodland N/A DETAil
average 8525.00 Stillwater 2000.00
CITIES 2,500 - 10,000 West St. Paul 2,750,250 i ncrease/yr
atv,~tage 4477 . ob ' Ri
Arden Hills /SO.FT CITY HAS CITIES OVER 20,000
DETAIL
Bayport 100.00 Apple Valley 4200,5250,63001
Circle Pines 4000.00 SALES
Dayton 3000.00 Blaine 5500.00
Deephaven NIA Bloomington 8160.00
Falcon Heights 4,000.00 Brooklyn Center CITY HAS
Independence 35.00 DETAil
Jordan 1500.00 Brooklyn Park 7000 CI.B
Lauderdale NA Bumsville 5000.00;200
Mahtomedi N/A SUNDAY
Mendo~a Heights 10,000.00 Coon Rapids 7300.00
Mound 4000.00 Cottage Grove 3500.00
Newport 1500.00 Crystal 5500.00;
Orono 4000.00 SUNDAY 200 .
Osseo 5500.00 Eagan 4000.00
Rosemount 2500.00 Eden Prairie 7500+200/
Shorewood 7500.00 SUNDAY
Spring lake Park CI A,5000;CI.B Edina ClUB,650.00
7500.00 Fridley ISO. FT
St. Anthony N/A Golden Valley 6750.00
St. Francis 4000.00 Inver Grove Heights 3800.00
St. Paul Park NIF Maple Grove 5500.00
I, Wayzata ~ 8000.00 Maplewood 5500.00;
average 11118.00 ~;I SUNDAY 200
CITIES 10,000 - 20,000 Minneapolis 4492;
SUNDAY 200.00
Anoka 5000.00 Minnetonka 7500.00
Champlin 3000 W/O New Brighton 4000,5000,7000
lOUNGEIW 5000 New Hope 5000.00
Chanhassen CITY HAS Richfield 11,200
DETAil Roseville 7000.00
Columbia Heights BAR FULL Shoreview 4000-3000
6300;SERVICE South St. Paul 2200.00
5400.00 St. louis Park 5400-7800
Hastings 2400.00 White Bear lake N/A
Hopkins 7500.00 Woodbury 10,OOO,UQ;REST
Mounds View ISO. FT. 5000.00
North St. Paul 2000.00 average 5829.00
Oakdale SUNDAY 35001 .
200.00 6
\11
I
,
I
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:11
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i
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i
LIQUOR LICENSE
INVESTIGATION FEE
CORPORATION
CITIES 0 - 2,500
Spring Park
Watertown
Woodland
500.00
NtA
CITIES 2,500 - 10,000
Arden Hills 100.00
Bayport NI A
Circle Pines N/A
Dayton N/F
Deephaven N/A
Falcon Heights N/A
Independence 500.00
Jordan Nt A
Lauderdale Nt A
Mahtomedi UP TO 500.00
Mendota Heights 500/INSTATE
(ACTUAL EXP OUT 500 MIN.
Mound 500/MIN.
Newport NtA
Orono /COST
Osseo
Rosemount
Shorewood
Spring Lake Park
S1. Anthony
S1. Francis
S1. Paul Park
Wayzata
CITIES 10,000 - 20,000
Anoka
Champlin
Chanhassen
Columbia Heights
Hastings
Hopkins
Mounds View
North S1. Paul
Oakdale
Prior Lake
1500 DEP; 250
MIN.
COST
NOT LESS THAN
100.00
NtA
400.00
N/F
500.00
550.00
NtF
250.00
500 -10,000
ON SALE 2501
OFF 50
NtA
450.00
500.00
500.00
N/A
Robbinsdale
500-10,000
OUTSTATE
1500 DEP/5001
MIN/$
RES/330;1100
NON
N/A
500.00
Savage
Shakopee
Stillwater
West S1. Paul
CITIES OVER 20,000
Apple Valley
Blaine
Bloomington
Brooklyn Center
500.00
300.00
EE 1,785
MIN. 100 OR
ACTUAL TIME
500.00
1500
285.00
300.00
Brooklyn Park
Bumsville
Coon Rapids
Cottage Grove
Crystal
Eagan 300+1000 (EXC
FOR 5 MN APPL) EXC. DOUBLED FOR OUT
OF STATE
Eden Prairie
Edina
Fridley
Golden Valley
Inver Grove Heights
Maple Grove
Maplewood
Minneapolis 500.00
Minnetonka 500.00
New Brighton 500 IN ST A TEl
ACT. COST OUT OF STATE
New Hope 1000.00
Richfield CITY HAS
DETAIL
300.00
200.00
300.00
IN L1C FEE
200.00
1000.00
500.00
N/A
400.00
3000;100 RE
425.00
N/A
Roseville
Shoreview
South S1. Paul
S1. Louis Park
White Bear Lake
Woodbury
9
~
).
1 LIQUOR LICENSE
.
,
,
i .
I
;
, t INVESTIGATION FEE
>
,
~
.;(
I
'1 PARTNERSHIP
,
~
~
.~
,.
CITIES 0 - 2,500 Prior Lake N/A
Spring Park Robbinsdale 500-10,000
Watertown 500.00 OUT OF STATE
Woodland N/A Savage 1500 DEP/500/
MIN/$
CITIES 2,500 - 10,000 Shakopee RES. 330;1100
Arden Hills 100.00 NON
Bayport N/A Stillwater N/A
Circle Pines N/A West St. Paul 500.00
Dayton N/F
Deephaven N/A CITIES OVER 20,000
Falcon Heights NlA Apple Valley 500.00
Independence 500.00 Blaine 300.00
Jordan N/A Bloomington 1500.00
Lauderdale N/A Brooklyn Center MIN. 100 OR
Mahtomedi UP TO 500.00 ACTUAL TIME SPENT
Mendota Heights 500/lN STATE Brooklyn Park 500.00
(ACTUAL EXP): OUT 500 MIN. Bumsville 1500.00 .
Mound 500/PERSON Coon Rapids 285.00
Newport NlA Cottage Grove 150.00
, Orono /COST Crystal
" Osseo Eagan
i 300+1000 {MN.
'~ Rosemount 1500 DEP; 350 APPL}
i
j MIN Eden Prairie 500.00
1 Shorewood COST Edina NlA
I
~ Spring Lake Park NOT LESS THAN Fridley 400.00
100.00 Golden Valley .3000;100
St. Anthony NlA RENEWAL
St. Francis 300.00 Inver Grove Heights 325.00
St. Paul Park NlF Maple Grove N/A
Wayzata 500.00 Maplewood
Minneapolis 500.00
CITIES 10,000 - 20,000 Minnetonka 500.00
Anoka 325.00 New Brighton 500 IN ST A TEl
Champlin NlF ACT. COST OUT OF STATE
Chanhassen 250.00 New Hope 1000.00
Columbia Heights 500-10,000 Richfield CITY HAS
Hastings ON SALE 2501 DETAIL
OFF 50 Roseville 300.00
Hopkins N/A Shoreview 200.00
Mounds View 385.00 South St. Paul 200.00
North St. Paul 150/PERSON/ St. Louis Park IN L1C FEE
MAX. 500 White Bear Lake 200.00 .
Oakdale 500.00 Woodbury 1000.00
10
l!1
. 'I ,
~-
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~I
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"
I
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LIQUOR LICENSE
INVESTIGATION FEE
SINGLE APPLICANT
CITIES 0 - 2,500
Spring Park
Watertown
Woodland
500.00
NJA
CITIES 2,500 - 10,000
Arden Hills 100.00
Bayport NJA
Circle Pines N/A
Dayton N/F
Deephaven N/A
Falcon Heights 500 IN STATE;
NOT OVER 10,000 OUTSTATE
Independence 500.00
Jordan N/ A
Lauderdale N/ A
Mahtomedi UP TO 500
Mendota Heights 500/IN-ST ATE
OUT 500 MIN.
500/MIN.
N/A
500.00
Mound
Newport
Orono
Osseo
Rosemount
1500 DEP;350
MIN
COST
NOT LESS THAN
100.00
N/A
200.00
N/F
500.00
Shorewood
Spring Lake Park
St. Anthony
St. Francis
St. Paul Park
Wayzata
CITIES 10,000 - 20,000
Anoka
Champlin
Chanhassen
Columbia Heights
Hastings
160.00
NJF
250.00
500-10,000
ON SALE 250/
OFF 50
500.00
350.00
150.00
Hopkins
Mounds View
North S1. Paul
Oakdale
Prior Lake
Robbinsdale
Savage
Shakopee
Stillwater
West S1. Paul
CITIES OVER 20,000
Apple Valley
Blaine
Bloomington
Brooklyn Center
ACTUAL TIME SPENT
Brooklyn Park
Bumsville
Coon Rapids
Cottage Grove
Crystal
Eagan
(MN. APPL)
Eden Prairie
Edina
Fridley
. Golden Valley
RENEWAL
Inver Grove Heights200
Maple Grove
Maplewood
Minneapolis
Minnetonka
New Brighton
ACT. COST OUT OF STATE
New Hope
Richfield
Roseville
Shoreview
South S1. Paul
St. Louis Park
White Bear Lake
Woodbury
11
350.00
500/10,000 MAX.
500-10,000
OUTSTATE
1500 DEP/SOO/
MIN/$
RES. 330;1100
NON
N/A
500.00
500.00
150.00
1500.00
MIN. 100 OR
500.00
1500.00
285.00
75.00
515.00
300+ 1000 ESC.
500.00
N/A
200.00
3000;100
300.00
468.00
500.00
500.00
500 IN ST A TEl
1000.00
CITY HAS
DETAIL
300.00
200.00
100.00
IN lIC FEE
200.00
1000.00
WINE ON-SALE .
t
'" CITIES 0 - 2,500 Stillwater
it 200.00
J West St. Paul 790.00
-'.
Spring Park N/A average 711. 00
Watertown 200.00 CITIES OVER 20,000
Woodland N/A
1 Apple Valley 1050.00
"
t CITIES 2,500 - 10,000
~ Blaine 900.00
;
~ Bloomington 1785.00
,
Arden Hills 1/2 ON SALE OR Brooklyn Center 2000.00
2000 WHICHEVER IS LESS Brooklyn Park 800.00
Bayport N/A Bumsville 750.00
Circle Pines Coon Rapids 1000.00
, Dayton 200.00 Cottage Grove 1/2 ON SALE OR
,
~
1 Deephaven N/A 2,000 OR THE LEAST OF TWO
{ Falcon Heights 2000.00 Crystal 500 (SEAT 25-99)
, Independence 100.00 1000 (100+)
Jordan 200.00 Eagan
Lauderdale NA Eden Prairie 2000.00
',' Mahtomedi 150.00 Edina SEATS
~ Mendota Heights 2000.00 50,100,150,150;715,770,825
;,
. Mound 200.00 Fridley 1000.00
t Newport N/A Golden Valley 2000.00
i
~ Orono 750.00 Inver Grove Heights 650.00 .
f Osseo 150.00 Maple Grove 2000.00
1
" Rosemount 300.00 Maplewood MAX 468
~
',' Shorewood 1000.00 Minneapolis 1141-2000/SHOW
~
Spring Lake Park 500NEAR Minnetonka 2000.00
St. Anthony 100.00 New Brighton /SEATS
St. Francis 200.00 New Hope 2000.00
St. Paul Park 300.00 Richfield 800.00
Wayzata 1000.00 Roseville 750f75
average 571. 00 SEATS,1500+75
CITIES 10,000 - 20,000 Shoreview 1000.00
South St. Paul 500.00
Anoka 400.00 St. Louis Park 2000 (STATE
Champlin 250.00 White Bear Lake MAX)
Chanhassen 270.00 200.00
Columbia Heights 2000.00 Woodbury
Hastings 200.00 average 1222.00
Hopkins 800.00
Mounds View 800NR
North St. Paul 200.00
Oakdale 600.00
Prior Lake 1250.00
Robbinsdale 2000.00
Savage 200NEAR
Shakopee 1/2 ON SALE OR .
2000 WHICH IS LEAST
12
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/\r~ -i,1 ;'1'''', t\ -::f1) 1]"-:-1 ~l:n r:f"\ -;1H-' (0 jr'fi' 1('\ Tf-' {\ .r,' 'i :t'-'( 1r--.,....
, :.1 ',' -y '~' A~Q.b',H ' H~' 0'"'' :'L" ,:-"- j i of ,1 ,~.~
~ ",1 "'\J .. ,< ',," , """, i ,,\ J 1';1 --'\ \,' ,1 '\ '/
.........--- _,__ '- .A.. __ _"- ~- ...cl... ...",,,,-.-1 _. ,......... __L/' .;:~ .:......../ l~ '-"~
~,~-- ~ ,r~,> ~'~ """J ~,~..~..--,
,4..).1 .J ,y ') '; '.~ 'I ,'? \ t ,. 1." ·
,~" :b >l. " .1 ;}: ',{i <'>
... ,. '.,,- ' ,J:J ,7 r. '\' ,) I :\
........,.,. _~_ '._ ~ ...._....--..f!' ~ ........... 1'--'
'["'\ -:\1' -'l'i~\-." rr1y-'.....--,r-i -1 or, ",- --~,., -rnn-'r-l~
" '.. 'U ~l;:' J ;,,_, "LI {( S ,\ H \~ if:1 I' (;1
". ;.1 ~ ,) \ ! 'T':'\ ''''' 'L q :1 ^'l \ / "'" .... '\1 ''-i J I \ '! ,H ,1'\
'"'- ,_'.J......;i ..,~ "" _ ...... --',"~, ~-' ",~J '.), ..:. 1 2_ ~}--A.:L '.-\.
S;:ring Pc1.i:~
V/~ter~C'1Vn
12.00
Rcbbinsc.ials
52'1299
Sh3kcpse
Stillwater
\~v'est St. P2ut
15,00
~2~~~r~~-~~~; D - 2,~.5GO
12.00
12.00
\;'/ccd:atid
N/A
'-~l'-rT~ N ") -~() -f n .1\00
0....1.c-W0 _,'::'uu - ~,\>,v .
CITIES OVER 20,000
--,:. "--' . .
25,00
12.00
25.00
20.00
20.00
40.00
NiA
50,00
25,00
CIG. 30.00
Apple Vailey
Blaine
Bloomington
Brooklyn Center
Brc..'Oklyn pzrk
BumsJi!i9
Coon Rapids
Cottage Grove
Crystal
Eagan
Eden Prairie
Edina
Fridley
Golden Valley
Inver Grove Heights
Maple Grove
Maplewcod
Minneapolis
Minnetonka
New Brighton
New Hope
Richfield
Roseville
Shoreview
South St. Paul
St. louis Purl<
Wh~e Bear lake
Woodbury
35.00
, 25.00
P.rden HiHs
E;ay~vrt
NJA
12.00
-16.50
C~rcre Pines
D2/ton
Desph.3.'ien
~(j.:c~n r!sights
Lldspe;idenc8
00rGan
L2.uderda:e
24,00
4G.OO
50,00
30.00
C;S::;;,~'J
i~\osemou nt
::;r,orev/ocd
c: .
0prmg lake Park
St. Anthony
". F
~(. rancis
~~t. Paul P-"'.
. cJ.1i\.
l;~ayzata
25.00
15.00
34/YR
20.00
12,00
12.00
50,00
20,00
12NR
12,00
31.00
20iYR
31.00
40.00
12,00
250,00
12.00
12.00
25 EACH
NiF
40/MACHINE
.
~':"3.htcrrjedi
~-.!18i1dGta Heigtits
\lound
"
:\~~;N~.ort
~.j(OilO
12,00
25.00
25.00
12.00
50.00
12.00
250.00
30.00
30/YR
25.00
24.00
25,00
15,00
22,00
25.00
rt,?_., "D
\~; 1 ]1!.,S 10,000 - 20,000
.' "~~'ICka
, SharnD'in
..... " I,
, ;~;;:jf1hassen
,,'....;~lilrnbia H . Ii
. ...-:.".; elg Its
, .""ngs
'\
. - . '.. '~..~. ~:
.,- ~: 1 "/\~f:~(i~t~~~-~:~
73
..~.;...-__'~'" ,_...... "_~~__" .. ~ ,,,,,;~"'''''~' _. ~..'.....~'.'~ _ ....",...~~,~ ....".-.:...... .~...__...,.. ..'__""""'..:...~_...:."....... ..... ..,;.;.......,..... "'_' ,,_, ~~.~_..._,._....._.,,~... ,._ _.._............. _. .'.........1
."--'~ -T r~ ~ -]'l) 1R 'r"r ...-'n....,--." ri 1--10 --
il ~'j '1 ....1. ~~ " 'I' 1, :u t '>-..' 1('4 ',,' ; "1-..') '\ rt tl,.....,.. ~1
'.1 .:, \,,< f..-\ ;'1 '(;" \ '}? fj t~ \ I>~J il r t! fU~ 1t;\ ~:l' :~ ~r:)
.~ _'!..... -'-~ ...s.. ..__.....~ """"...-<~ w ..t;..... ..lo"1....-;;. ~ ..... ' .....,i..;;; ~...;,\.'....,' ~.~/ ~
.
-.T}) '(CD /f~ -.[, !.1JLJ" , .:,~r11'" .. C1 "'\.J-"'TJj'i -;>. '''::r', -.j--\,',' ',41
~C' .'i',"l j .(,' .:1 :,', \.t ~?"'iJ tM ':: 1(1 , [~>; I ~j :j :,1 l' ~JJ -:,"-
_ _ __~ '.A _ _ y __ V>..J 'I ........... ~ ,1 --'.w'...::L .~ 'L]
CITIES 0.. 2}.5DO
~.... ...; 1"'.() P ~~ ~ ~"
\-...:.... I j I . ~--" "- I . '\
\-V~;tsrtov/n
\'--!(.~}:il2.nc~
CI~rI:S~3 2,SCD .. 10)CiJO
jt.rden r"!iIL-;
B2j'port
Circle Pines
C2yton
f)8f'~ph8.ven
Fa:con Heiohts
ir:dspendenc.9 ..,
",~o.~czn
Ls~dard:.3.le
~,iZiht:)n;cdi
;,,~ ~:ti~':Jt3. l.~ eiGhts
r.,1011i'1d
NGwp0lt
Qiona
(; 32 8",,)
Rosemcunl
Share'.vo:x:l
Spring Lake Pc]I~~
St. Anthony
St. Francis
St. Paul Park
\Vayzata
CITIES 10,000 - 20,000
Anoka
ChampHn
Ch2nnassen
Columbia Heights
Hastings
Hankins
M~unds View
North St. Paul
Oakdale
Prior Lake
Robbinsdale
Savage
12.00
12.00
N1A
25.00
12.00
12.00
24.00
PROHIBITED
NOT ALLOWED
15.00
NF
20.00
12.00
12.00
50.00
20.00
NONE
12.00
12.00
121MACHiNE
30.00
12.00
50.00
25,00
12,00
NOT ALLO'NED
35,00
20.00
30,00
N/A
50.00
25.00
Sh2kopee
Stiiiwatsr
15.00
VVest St. Paul
12.00
C',"'n7c; o""v,<n '/D {\{lO
.a.. 1. ......&.JL....: '\,J' ...U.J,,\' _oj" ,V'j
...'\pph Valiey
t31"in8
35.00
25,00
B!CCITiington
Brooklyn Center
Brook!yn Parr<
Gurnsv'ilie
COQn Rapids
Cottage Grove
Crystal
ECig2n
Eden Prairie
Edina
Fridley
Golden Valley
Inver Grove Heights
Maple Grove
Map!ewocd
Minneapolis
Minnetonka
New Brighton
New Hope
Richfield
Roseville
Shoreview
South St. Paul
St. louis Par.<
White Sear lake
Woodbury
NiA
NOT A'-.LOWED
NOT ALLOWED
NONE
31.00
40.00
12.00
NOT j\LLOWED
12.00
NJA
25,00
,,-1'-
pur
40/MACH!NE
30.00
NOT ALLOWED
250.00
30.00
BANNED
NOT .A.LLOWED
NONE
25.00
NOT PERMITTED
NONE
25,00
.
.
74
.
.
'.
Subd. 2. The holder of an on-sale wine license, issued pursuant to this subdivision, will entitle the
holder thereof, whose gross receipts are at least 60 percent attributable to the sale of food, to sell
intoxicating malt liquors at on-sale without an additional license. The holder of such license who
elects to exercise this option must have on file with the city clerk a liquor liability insurance policy
required by Minnesota State Statutes 340.11, Subd. 21. (Ord # 767 Adopted 10-20-92)
43.02. LICENSING AND REGULATING SALE OF INTOXICATING LIQUOR.
Subd. 1. LICENSES REQUIRED. No person shall manufacture, import, sell, exchange, barter,
dispose of or keep for sale any intoxicating liquor without first having obtained a license. Licenses
shall be of three kinds: on-sale, off-sale and on-sale wine. On sale licenses shall be granted for
consumption of liquor on the premises only to exclusive liquor stores, restaurants, hotels and to bona
fide clubs in existence for 15 years or more and to congressionally chartered veterans organizations
which have been in existence for 10 years and which are duly incorporated. Such club license shall
be on sale only and shall permit the sale of intoxicating liquor to members and bona fide guests only.
Club licenses, as permitted, may be granted in addition. Off sale licenses shall be granted to permit
the sale ofliquor at retail or wholesale in the original package for consumption off the premises only.
The Council may in its discretion issue both an on sale and off sale license to the same licensee. Off
sale license shall be issued only to exclusive liquor stores and on sale licenses as provided and the
Council may, when issuing an off sale licenses to an on sale licensee, restrict sales permitted to wine
only. On sale wine license shall be granted for consumption of wine on the premises to any
restaurant having facilities for seating not less than 25 guests at one time.
Subd.2. APPLICATION FOR LICENSE. Every person desiring a license for either on or off sale
shall file a verified application in writing with the clerk in the form so prescribed by the
Commissioner and with such additional information as the Council may require. Every application
for either an on sale or off sale license shall be accompanied by a liability insurance policy as
provided for in Minnesota Statutes 340.11, Subd. 21.
Subd. 3. FEES. The annual license fee to be paid before issuing a license shall be as follows: For
an on sale license - $2,000; for an on sale license issued to Clubs - $300; for an off-sale liquor
license - $200; and for an on-sale wine license - $200. The annual fee for special license for Sunday
sales, as authorized by Minnesota Statutes 340.14, Subd. 5, shall be $200~ All licenses shall expire
on the last day of December in each year, fees shall be a pro rata share of the annual license fees.
All such fees shall be paid into the City General Fund; and upon rejection of any application for a
license, the license fee paid and the insurance policy of the applicant shall be returned.
Subd. 4. GRANTING OF LICENSE. The Council shall investigate all the representations set forth
in the application. Opportunity shall be given at a regular or special council meeting to any person
to be heard for or against the granting of any license. After such investigation, the Council has
discretion to grant or refuse such license; provided that no off sale license shall become effective
until it has the Liquor Control Commissioner's approval. All licensed premises shall not be
transferable either as to license or premises without the approval of the Council and also the Liquor
Control Commissioner in the case of off sale licenses.
Subd. 5. CONDITIONING OF LICENSE. All licenses granted shall be subject to the following
conditions and all other conditions of this ordinance and subject to all other applicable City
ordinances and to all regulations promulgated by the Liquor Control Commissioner; every licensee
Chapter 43 - Page 2
If upon the hearing, the Council determines the complaint is justified and the matter complained of
constitute a violation of the law, the license shall be revoked for cause.
Subd. 9. PENALTY. Any person violating any provision of this ordinance shall be guilty of a
misdemeanor.
.
43.03. LICENSING AND REGULATING SALE OF NONINTOXICATING MALT
LIQUOR.
Subd. 1. LICENSE REQUIRED.
1. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal,
gift, sell or offer for sale, any beer within the City without first having received a license as
provided. Licenses shall be of three kinds; (1) retail on sale, (2) retail off sale and (3)
temporary club licenses.
2. On sale licenses shall be granted only to bona fide clubs, beer stores, drug stores, restaurants
and hotels where food is prepared and served for consumption on the premises. On sale
licenses shall permit the sale of beer for consumption on the premises only.
a. It shall be unlawful for any person, firm or corporation licensed to sell alcoholic
beverages or their employees or agents to permit any person to remove any alcoholic
beverage from the licensed premises in an open container. (Ord #762 Adopted 6-16-
92)
3.
Off sale licenses shall permit the sale of beer at retail, in the original package for
consumption off the premises only.
.
Subd.2. APPLICATIONS FOR LICENSE. Every application for a license to sell beer shall be
made on a form supplied by the City and shall state the applicants name, age, citizenship,
representations as to his character with such reference as may be required, whether the application
is for on sale or off sale~ the business in connection with which the proposed license will operate and
its location, whether applicant is owner and operator of the business, how long he has been in that
business at that place and such other information as the Council may require from time to time. It
shall be unlawful to make any false statement on an application. Applications shall be filed with the
clerk.
Subd.3. LICENSE FEES.
I. Each application for a license shall be accompanied by a receipt from the City Treasurer for
payment of the required fee. All fees shall be paid into the City's general fund. Upon
rejection of any license application, the treasurer shall refund the amount paid.
2.
All licenses shall expire on the last day of December in each year. Each license shall be
issued for a period of one year, except that if a portion of the license year has elapsed when
the application is made, a license may be issued for the remainder of the year for a pro rata
fee. In computing such fee, any unexpired fraction of a month shall be counted as one
month.
.
Chapter 43 - Page 4
.
.
Ie
3. The annual fee for an on sale license shall be $50. The annual fee of an off sale license shall
be $5. The Council may in its discretion waive the fee on temporary club licenses.
4.
No part of the fee paid for any license issued under this ordinance shall be refunded except
in the following instances upon application to the Council with 30 days from the happening
of the event. There shall be refunded a pro rata portion of the fee for the unexpired period
of the license, computed on a monthly basis, when operation of the licensed business ceases
not less than one month before expiration of the license because of:
a. damage to the licensed premises by catastrophe;
b. the licensee's illness;
c. the licensee's death;
d. a change in the legal status of the municipality making it unlawful for the licensed
business to continue.
Subd. 4. GRANTING OF LICENSE.
1. The Council shall investigate all facts set out in the application. After such investigation and
hearing the Council shall grant or refuse the application in its discretion.
2. The applicant may not transfer the license to another holder or to another place without
Council approval.
Subd.5.
any person:
PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by
1. Under twenty-one years of age.
2. Who has been convicted of a felony, or of violating any federal, state or local law relating
to the manufacture or transportation of intoxicating liquor.
3. Who is a manufacturer of beer or who is interested in the control of any place where beer is
manufactured.
4. Who is an alien.
5. Who is not of good moral character.
6. Who is or during the period of this license becomes the holder ofa federal retail liquor store
dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also
been issued to him a local license to sell intoxicating liquor at such place.
7. Who is not the proprietor of the establishment for which the license is issued.
Subd. 6. CONDITIONS OF LICENSE.
1.
Every license shall be granted subject to the conditions in the following subdivision and all
other provisions of this ordinance and of any other applicable City ordinance or state law.
Chapter 43 - Page 5
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TO:
MEMORANDUM
Mayor and City Co~
Ann Pung-Terwedo ~
FROM:
RE: Establishment of parking lot at Pine and Third into Downtown Stillwater Parking
Program
Background
Now that the public parking lot is completed at the comer of Pine and Third Streets, it is time
to incorporate the lot into the Downtown Stillwater Parking Program. The Downtown Parking
Commission met in July and made the following recommendations:
I. Name the lot: Riverview lot.
2. Establish parking time limits:
-Permit parking from 8 a.m. to 6 p.m. Monday through Friday.
-Free public parking evenings and weekends.
3. Require users of lot (primarily Cub employees) to purchase parking permits as with other lots
Downtown.
Since the parking lot will be put into the downtown parking program and require parking permits,
it will cost parking permit users $5 per month or $60 per year.
Maintenance in Lieu of Fee Concel't
Cub has indicated a willingness to plow and maintain the lot since they need these services for
their own property across the street in lieu of payment of a portion of the permit fee. It is
estimated that the cost to plow the lot in the winter is $3,600. Staff has not yet determined
specifically what the costs will be to maintain the lot in the summer.
These in-kind services would benefit the City due to the existing work load on the public works
department. Also, the lot would be plowed in a timely manner in the winter.
With City Council approval of this concept, staff will continue to work with Cub to establish
maintenance cost credit for the lot which will then be subtracted from the annual parking fee.
Staff Recommendation
Pass resolution to include the lot at Pine and Third Street into the parking program and name the
lot "Riverview Lot". Direct staff to order parking signage and to continue to work with Cub to
establish a maintenance program and subsequent parking fee.
RESOLUTION NO.
A RESOLUTION DESIGNATING THE PUBLIC PARKING LOT AT THE NORTHWEST
CORNER OF PINE AND THIRD STREETS A PERMIT PARKING LOT AND
DESIGNATING THE LOT TO BE NAMED RIVERVIEW LOT.
Whereas, the City Council of the City of Stillwater adopted Ordinance No.721 on March 20,
1990, entitled "Time Limit Parking Zones", Subd. 51.01 ofthe Stillwater City Code and 51.02
entitled "Parking Regulations"; and
Whereas, the downtown parking commission has met from time to time to study the parking
areas, time limits and the permit parking areas in downtown Stillwater; and
Whereas, the downtown parking commission has prepared the Stillwater Central Business
District Parking Zone Regulations, "Exhibit A"; and
Whereas, a parking lot has been constructed on the northwest comer of Pine and Third Streets
for the purposes of public parking.
Now, Therefore, be it resolved by the City Council of the City of Stillwater that the
Stillwater Central Business District Parking Zoning Regulations "Exhibit A" include No. 50
which shall hereafter read as follows:
50. Riverview Lot - Northwest comer of Pine and Third Streets-
a. Permit park only from 8 a.m. to 6 p.m., Monday through Friday (whole lot).
b. Public parking evenings and weekends unrestricted.
Adopted this _th day of
,1994.
Mayor
Attest:
city clerk
("
""......,
,
.
.
.
a SUPEAVALU Company
Cub Foods
421 South Third Street
PO Box 9
Stillwater, MN 55082-0009
612 439 7200
. --- ----.-. ---
VIA F ACSIMILE-439-0456
September 15, 1994
Steve Russell
Director of Community Development
City of Stillwater
216 N. Fourth St.
Stillwater, MN 55082
RE: PARKING LOT MAINTENANCE/RIVER VIEW PARKING WT
.
Dear Steve:
This letter is intended to follow ul? on our earlier discussion pertaining to
maintenance at the city parking lot which has been designated as tlie River View lot.
A number of concerns have been discussed in the past especially with regard to
maintenance of the landscaped areas and snow plowing On the three levels of the parking
lot. In response to the COncerns which you have raised, Cub would like to discuss the
following points:
1) Responsibility for the maintenance and upkeep of the parking lots.
2) The cost of parking permits for Cub employees.
3) Availability of the parking areas on a long-term basis
Plese let me know when you would be available to discuss these issues.
Sincerely,
Tom Thueson
Director of Development
. Cub Foods
m3'1'T
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I.
MEMORANDUM
TO:
Mayor and City Council
v
FR:
Steve Russell, Community Development Director
DA:
September 16, 1994
RE: MODIFICATION APPROVAL PLAN FOR CONVENIENCE SERVICE
STATION AND STRIP COMMERCIAL CENTER ALONG COUNTY ROAD 5
This project, in~luding a request for TIF assistance, was previously reviewed and approved by
the city council at your meeting of May 5, 1994. Since that time, for a variety of reasons
economic and tenant related, the developer is requesting a modification to the previously
approved plans.
Because the city council has entered into a development agreement with the developer and the
appearance of the project will be different then previously approved this item is being brought
back to the city council for review.
The city Design Review Committee (HPC) and Planning Commission has reviewed the plan
modifications and recommended them to the council with some conditions of approval regarding
signage and final project design. The approved plans and modified plans are attached and
marked accordingly. Changes in the plan include increasing the retail floor space for 13,965
square feet to 17,100 square feet; 2,180 square feet of office space is removed from the modified
version and changes to the building materials.
The number of parking spaces provided has been decreased from 91 spaces to 86 spaces.
Required parking for the modified plan is 100 spaces. This is due to the change in use from
office to commercial use and increased floor area. These parking requirements are based on a
retail tenant use and not restaurant or other use that would require more parking. The parking lot
size requirements call for 9' x 18' parking spaces and 24' wide driveways. These standards are
made conditions of this project modifications to make sure they are met. The site plan appears to
be modified widening the building and moving it closer to the road reducing the width of the
parking area.
A signage plan, lighting plan, detailed landscape plan, grading/drainage plan and design details
(trash enclosures) need to be presented before building permits can be issued.
Recommendation:
Review and approval of modifications to plan.
,. f
CONDITIONS OF APPROV AL
I. A detailed signage plan consistent with the sign ordinance regarding number, location
and size of signs shall be submitted and approved by the Community Development
Director before building permits are issued.
2. A detailed landscape plan indicating plant type, size, location and spacing shall be
submitted before building permits are issued. Three Willow trees shall be added to the
north (pond) edge of the project to help screen the commercial use from the adjacent
residential use to the north. Sod shall be installed as ground cover.
3. A detailed lighting plan with light patterns, intensity and light standards 20' maximum
(no lens or light sources visible from off site) shall be submitted and approved by the
Community Development Director before building permits are issued.
4. The design details for the trash enclosure shall be submitted before building permits are
issued (the trash enclosures shall be constructed of a material similar to the associated
buildings).
5.
A grading/drainage/on-site detention plan including erosion control measures shall be
submitted for approval to the Community Development Director before building permits
are issued.
.
6. The rear of the building shall be colored to match the colors of the front of the building.
7. There shall be no signage on the gas pump canopy and canopy lights directed down with
the light source not visible off site..
8. The design of the canopy shall be of a material and color similar to the convenience store
and approval by the Community Development Director.
9. If necessary, based on a determination by the Community Development Director,
additional off site employee parking shall be approved by the applicant.
Attachments:
Approval plan
Modified plan
Staff reports, CC 4-5-94 and CPC 9-12-94
.
~/,
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.
MEMORANDUM
TO:
Planning Commission
FROM:
Ann Pung- Terwedo, City Planner
RE:
Change in Design of previously approved Planned Unit Development
Backl?round: The Planning Commission approved a Planned Unit Development for the Corner
Store Shops at 2500 W. Orleans Street. This project was well received by the Commission based
on the quality design of the Center. Since that time, the developer has significantly changed the
design of the project. Based on the development agreement with the City, staff felt it necessary
for the Commissions and City Council to review these modifications so all those concerned know
what exactly will be constructed on the site.
Discussion: The modified proposal includes a strip center and convenience store. The site plan
including the building footprint, parking, walkway and landscaping has not changed. The second
story office space has been removed as well as a significant amount of architectural detailing.
The new plan details include a series of brick face archways with teal colored columns and stucco
dormers and sign bands. The gas station will be of the same design detailing as the strip center.
The applicant has indicated that the gas canopy will have the same detailing as the sign band on
the gas station and strip center.
Design Review Committee Recommendation
The Design Review Committee approved the modification to the design at their regular meeting
on September 7, 1994, with the following conditions:
1. The gas canopy shall have brick face columns with a teal and beige canopy to match the strip
center.
2. A sign plan for the whole project shall be submitted and include:
1. Sign size
2. Location
3. Design
l~V
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..,.,';""
I
-', '1
..
MEMORANDUM
TO: Design Review Committee
FROM: Ann Pung-Terwedo
SUBJECT: Change in Pre"iously Approved Design Plan
DATE: September I, 1994
Background
Last fall, the Planning Commission approved a Planned Unit Development for the corner store shops
at Orleans and County Road 5. You were not involved because this property was not in the Design
Re\iew area for the Business Park.
Since that time, the developer has changed the design of the project. staff felt it necessary for the
Design Review Committee and the Planning Commission to review this new design.
.
mSCUSSION
Please review tbe design of the approved plan with the modified plan. Are they similar in design
quality and presentation? Do they both achieve the same style through the use of material and;
proportions?
Is the new modified proposal acceptable or are there modifications \vhich could be made to the
proposal?
.
--..'
~ .--;-
lit
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PLANNING APPLICATION REVIEW
CASE NO. PUD/94-4
Planning Commission Meeting: January 10, 1994
project Location: 2500 West Orleans Street
comprehensive Plan District: Single Family Residential
Zoning District: RA
APplicant's Name: Dick Zimmerman
Type of Application: Planned Unit Development
project Description:
A Planned Unit Development for the construction of a 13,965 square foot retail
center, 2,180 square feet office use, and a 2,970 square foot convenience gas
station.
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Discussion:
The proposal is to construct a 19,115 square foot retail center which will
include a gas station, offices, and a retail center. The design of the project
is reminiscent of the Williamsburg style and compatible with the residential
character of the Cottages area. The materials of the structure include a brick
facade with brick on the north and south elevations. The rear of the structure
will be a painted brick. The design has included arched entryways and other
facade detailing.
The project proposes 91 parking spaces. The parking requirement for this
project is 88 parking spaces.
The proposal does not include elevations for the pump canopy or the gas
station. This should be submitted to the Planning Commission and reviewed and
approved before building permits are issued. The design of ~he gas station
should be compatible with the design of the other commercial buildings. It is
assumed the design of the gas station will be compatible with the retail
center.
County Road #5 will be improved during the Summer of 1994. A bikeway/pathway
is planned between the front parking lot and the highway. The pathway/bikeway
will be part of the construction project. The site plan also indicates an
entrance off County Road #5. This has been reviewed and approved by the city
and county publ ic works as part of the road project. The driveway access off
Orleans is being reviewed by the city transportation engineer.
There are no wetlands on the site according to a wetland investigation
conducted by Barr Engineering.
fhi s will have to be revi ewed and confi rmed by the Washington County Soil and
Water Conservation District before final building permit is approved.
1
~
The proposal does not include a trash enclosure location or design -
also need to be submitted if the trash receptacles are to be stored ,r ~ '"1 Swill
If this is the intent, the receptacles should be screened wi th materfU ,LS ide.
compatible wi th the structure and approved by the Pl anning Department a S
lighting plan has been submitted. This will also have to be reviewed. No
approved by the Planning Comm~ssion. T~e lighti~g style, height and iand
needs to be approved. The maXlmum parklng lot llght standard height i~tenslty
feet. 2S
A landscape plan includes a mixture of tree types. This plan has also b ~
coordinated with the landscape plan for County Road #5. ~en
Conditions of Approval:
1. A detailed signage plan shall be submitted prio~ to the iSSuance
building permit. This signage plan shall be revlewed and approved of a
the Community Development Director. t>Jf
2. The landscaping plan shall be installed in coordination with the
landscaping for the County Road #5 improvement project.
3.
The Planning Commission shall review and approve elevation draw'
the gaS stati on structure and canopy. 1 n 9 S or
4. Any exterior trash receptacles shall be screened. The materials
be reviewed by the Community Development Director.. shall
.
5.
A drainage, grading and erosion control plan shall be submitted
review and approved by the City Engineer. Tor
6. The report regarding the potential wetlands shall be reviewed and
approved by the Soil .and Water Conservati on Di strict before a b
permit is.issued. uilding
Comments from the traffic engineer regarding access off Orlea~s h
be included in the projects final design. s all
A lighting plan shall be submitted to the Planning Commission for
review and approval.
The rear of the building shall be painted or consist of a colored
pigmented block.
PLANNING COMMISSION RECOMMENDATION:
Approval with conditions.
7.
8.
9.
.
2
.,,-----~
'IllS PLANNING SUMMARY
BUILDING AREA
Retail Center
Development offices
Gas Station
10 pcIlIp CI/lOPr 124' x 1S4'
C""laIt- 780 G8F
,
13,965 GSF
2,180 GSF
2,970 GSF
TOT AL AREA
19,115 GSF
PARKING SUMMARY
Gas Station 14 spaces
Retail Center 77 spaces
TOTAL PARKING 91 SPACES
SETBACKS
FRONT YARD 15 FT.
IDE YARD 15 FT.
YARD 5 FT.
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NOTE.
THE EXISTING SITE IHFORMATION PRESENTED ON THIS PLAN ......,.,
IS BASED ON A SURVEY PREPARED BY BRUCE FOLl AND ASSOC.
OA TED DEC. 2. 1992
E9rt
NORTH 0 10 '0
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BUILDING AREA
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TOT AL PARK1NG
OVERALL PROPOSED SlTE PLAN
SClt.CI \"11/'.0"
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IS MSO IJj A SUl'ltY PllD'AREt IY IIALtE flU HIl ASSOC.
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RESOLUTION NO. 94-234
Resolution Declaring Cost to be Assessed
and
Ordering Preparation of Proposed Assessment
North Broadway Sewer Extension, L.I. 303
WHEREAS, a contract has been let (costs have been determined) for the improvement of
sanitary sewer and watermain extensions and appurtenances.
The following is the area proposed to be assessed: properties adjacent to North Broadway Street,
north of Aspen Street and south of East Stillwater Street and properties adjacent to Wilkins Street
east of First Street and the contract price for such improvement is $46,365.40, and the expenses
incurred or to be incurred in the making of such improvement amount to $16,264.30 so that the
total cost of the improvement will be $62,629.70.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER,
MINNESOTA:
1.
The portion of the cost of such improvement to be paid by the city is hereby declared to
be -0- and the portion of the cost to be assessed against benefited property owners is
declared to be $60,602.74.
2.
Assessments shall be payable in equal annual installments extending over a period of ten
(10) years, the first of the installments to be payable with general taxes collected in 1995,
and shall bear interest at the rate of 8 percent per annum from the date of the adoption of
the assessment resolution.
3. The city clerk, with the assistance of the city engineer (consulting engineer) shall
forthwith calculate the proper amount to be specially assessed for such improvement
against every assessable lot, piece or parcel of land within the district affected, without
regard to cash valuation, as provided by law, and he shall file a copy of such proposed
assessment in his office for public inspection.
4. The clerk shall upon the completion of such proposed assessment, notify the council
thereof.
Adopted by the council this 20th day of September 1994.
City Clerk
Mayor
II
-
'e
,\
RESOLUTION NO. 94-235
Resolution Declaring Cost to be Assessed
and
Ordering Preparation of Proposed Assessment
Myrtlewood, L.I. 304
WHEREAS, a contract has been let (costs have been determined) for the improvement of
extension of existing sanitary sewer, watermain, storm sewer, streets and appurtances.
The following is the area proposed to be assessed: 1524 West Myrtle Street in the RA, Single
Family Residential District by subdividing a 5-acre parcel into nine (9) lots ranging in size from
12,506 sq. ft to 33,916 sq. ft. and benefited property and the contract price for such improvement
is $161,197.70, and the expenses incurred or to be incurred in the making of such improvement
amount to $47,632.18 so that the total cost of the improvement will be $208,829.88.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER,
MINNESOTA:
L
The portion of the cost of .such improvement to be paid by the city is hereby declared to
be -0- and the portion of the cost to be assessed against benefited property owners is
declared to be $208,829.88.
2.
Assessments shall be payable in equal annual installments extending over a period of ten
(10) years, the first of the installments to be payable with general taxes collected in 1995,
and shall bear interest at the rate of 8 percent per annum from the date of the adoption of
the assessment resolution.
3. The city clerk, with the assistance of the city engineer (consulting engineer) shall
forthwith calculate the proper amount to be specially assessed for such improvement
against every assessable lot, piece or parcel of land within the district affected, without
regard to cash valuation, as provided by law, and he shall file a copy of such proposed
assessment in his office for public inspection.
4. The clerk shall upon the completion of such proposed assessment, notify the council
thereof.
Adopted by the council this 20th day of September 1994.
City Clerk
Mayor
II
-
e
. ,
RESOLUTION NO. 94-232
Resolution Declaring Cost to be Assessed
and
Ordering Preparation of Proposed Assessment
Myrtle Street Ravine Drainage, L.I. 284
WHEREAS, a contract has been let (costs have been determined) for the improvement of Owens
Street on the west, North Street on the north, Sixth Street on the east and Pine Street on the south
(Myrtle Street Ravine) and the contract price for such improvement is $186,891.31, and the
expenses incurred or to be incurred in the making of such improvement amount to $51,225.15 so
that the total cost of the improvement will be $238,116.46.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
I. The portion of the cost of such improvement to be paid by the city is hereby declared to
be -0- and the portion of the cost to be assessed against benefited property owners is
declared to be $238,116.46.
2.
Assessments shall be payable in equal annual installments extending over a period of ten
(10) years, the first of the installments to be payable with general taxes collected in 1995,
and shall bear interest at the rate of 6.75 percent per annum from the date of the adoption
of the assessment resolution.
3. The city clerk, with the assistance of the city engineer (consulting engineer) shall
forthwith calculate the proper amount to be specially assessed for such improvement
against every assessable lot, piece or parcel of land within the district affected, without
regard to cash valuation, as provided by law, and he shall file a copy of such proposed
assessment in his office for public inspection.
4. The clerk shall upon the completion of such proposed assessment, notify the council
thereof.
Adopted by the council this 20th day of September 1994.
City Clerk
Mayor
II
-
e
II ~.
RESOLUTION NO. 94-233
Resolution Declaring Cost to be Assessed
and
Ordering Preparation of Proposed Assessment
Highlands 5th Addition, 1..1. 302
WHEREAS, a contract has been let (costs have been determined) for the improvement of Highlands
5th Addition which is property abutting on HigWands Fifth Addition located north of Orleans Street,
east of County Road 5, south of Pine Tree Trail and west of Greeley Street and any property abutting
on the improvement or served by any aspect of the improvement or befitting from the improvement
all according to the plats thereof, Washington County, Minnesota and the contract price for such
improvement is $230,185.64 and the expenses incurred or to be incurred in the making of such
improvement amount to $ 52,613.48 so that the total cost of the improvement will be $282,799.12.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1.
The portion of the cost of such improvement to be paid by the city is hereby declared to be
$ 0 and the portion of the cost to be assessed against benefited property owners is declared
to be $282,799.12
2.
Assessments shall be payable in equal annual installments extending over a period often (10)
years, the first of the installments to be payable with general taxes collected in 1995, and
shall bear interest at the rate of 8 percent per annum from the date of the adoption of the
assessment resolution.
3. The city clerk, with the assistance of the city engineer (consulting engineer) shall forthwith
calculate the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in his
office for public inspection.
4. The clerk shall upon the completion of such proposed assessment, notify the council thereof.
Adopted by the council this 20th day of September 1994.
City Clerk
Mayor
-
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RESOLUTION NO. 94-231
Resolution Declaring Cost to be Assessed
and
Ordering Preparation of Proposed Assessment
City Sidewalk Replacement, L.I. 274
WHEREAS, a contract has been let (costs have been determined) for the improvement of various
segments of city sidewalks that are individually listed on Exhibit "A" and on file in the office of the
city clerk at Stillwater City Hall, 216 North Fourth Street and the contract price for such
improvement is $220,900.00, and the expenses incurred or to be incurred in the making of such
improvement amount to $64,019.23 so that the total cost of the improvement will be $284,919.23.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOT A:
I. The portion of the cost of such improvement to be paid by the city is hereby declared to be
$142,459.62 and the portion of the cost to be assessed against benefited property owners is
declared to be $142,459.61.
2.
Assessments shall be payable in equal annual installments extending over a period often (10)
years, the first of the installments to be payable with general taxes collected in 1995, and
shall bear interest at the rate of 6.75 percent per annum from the date of the adoption of the
assessment resolution.
3. The city clerk, with the assistance of the city engineer (consulting engineer) shall forthwith
calculate the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in his
office for public inspection.
4. The clerk shall upon the completion of such proposed assessment, notify the council thereof.
Adopted by the council this 20th day of September 1994.
City Clerk
Mayor
II
.,
e
Li'ST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 94~ ';l3c>
A T & T
Bailey, Chuck
Century Power
Clareys Safety Eq uipment
Cobb Group
DAC Industries
Del's
Dorsey & Whitney
Firstar
Goodin Company
Gordon Iron & Metal
Greeder Electric
Huntingdon
Intermec
Int'l Conference of Bldg Off' Is
Lakes Gas
League of MN Cities
League of MN Cities
Maintenance Engineering
MN Cellular One
Metropolitan Waste Control Com
Muncilite
Northwestern Tire
Oak Park Heights, City of
People's Electric
Quest Data Systems
S hort- Elliot-Hendrickson
St Croix Animal Shelter
St Croix Car Wash
St Paul, City of
State Chemical Manufacturing
Stillwater Towing
Swanson, Douglas
T A Schifsky
Uniforms Unlimited
Washington County Public Works
Wicklander Zulowski And Assoc
Yocum Oil
Zee Medical
Zep Manufacturing
Equipment Rental/Maintenance
Ramps-3rd & Mrytle
Weed Whip Line
Shutoff's
Subscription-Wordperfect
Cleaning Supplies
Gas Caps/Headset/Blades
Legal Services-1994 Bonds
Oak Glenn Note
Pipe-Storm Sewer
Iron
Ligt Repair-South Parking Lot
Test- LI 285 & 301
Bar Code Labels
Code Books
Gas-Crack Filling
Municipal Quarterly Billing
Workerman's Com-Quarterly Billing
Light Bulbs
Mobile Phone
Sewer Service
Repair Parts
Tire Repair
Sewer Hookup
Final-LI 292
File Con versions
Engineering Services
Boarding Fees
Car Washes
Training-Miller, D
Weed/Brush Killer
Tow Squad
Meals/Housing
Asphalt
Uniform Supplies
Construction-LI 261
Trainin g- Swanson/Wardell
Gas/Diesel
Medical Supplies
Cleaner/Scouring Compound
220.21
750.00
12.73
588.50
59.00
176.67
46.51
8,750.00
12,035.28
262.05
123.65
918.00
2,511.25
445.01
135.60
102.24
45,105.00
25,680.00
346.72
29.22
67,899.00
25.75
46.25
150.00
7,554.00
1,500.85
78,059.18
209.42
51.12
170.00
1,313.40
47.93
117.46
303.32
393.68
37,314.42
710.00
226.40
75.04
67.80
II
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e
MEMORANDUM
TO:
Mayor and City Council
FROM:
City Coordinator
SUBJECT:
Administration Internship
DATE:
September 16, 1994
Accompanying this memo is the resume' of Anthony C'Tonytl) Germain. Tony is a resident of
Stillwater and a graduate of the U ofM with a Bachelor of Arts in Economics. Tony is interested in
pubic administration and would like to learn more about local government by working as an intern.
There are several pro.iects or areas that Tony could work on which I believe would benetit the City as
well as hinlself. Therefore, I would request the Council approve a three-month Administrative
Internship tor Tony Germain at a salary of $7.00 per hour.
pt.
(
ANTHONY GERMAIN
603 Hillside Lane
Stillwater, MN. 55082
(612)439-7087
II
--------------------------------------------------------------------------------------------------------------------------
"
EDUCATION: Bachelor of Arts In Economics, June, 1994.
University of Minnesota-Twin Cities, Minneapolis, MN;
GPA 3.3/4.0; 3.5/4.0 in major
Earned "Dean's List" academic honor for the college of liberal arts' winter
quarter 1993.
Financed nearly 50% of all college expenses working 15-30 hours per week
and maintaining full time student status.
PERSONAL
ATTRIBUTES: Extremely motivated, persistent, and results oriented individual.
RELATED
SKILLS/
INTERESTS:
Writing
MS Word
Statistics
French
Competitive Sports
Travel
RELEVANT
EXPERIENCE: Signature Flight Support, MSP International Airport, MN.
Part Time FIiQht Technician, Sept. 1993-Present
Dispense 8,000-20,000 gallons of fuel into 6-7 aircraft per day for major
airline; Calculate margin of fuel load error allowance for each aircraft; Adhere to
lengthy and stringent set of procedural and safety measures for each aircraft;
Perform all duties independently, under strict time restraint, and with nearly no
margin for error.
3M Corporation, St. Paul, MN.
Material Handler, Summer 1993
Shipped 2000-3000 packages per day via inter-company mail, ground
freight service, and air freight service for major manufacturing corporation;
Solved frequent problem of unclaimed items through telephone
communication with concerned parties. Maintained company goal of minimal
misdirected shipments.
Colonial Craft, Inc., Roseville, MN.
Warehouse Assistant, Summer 1992
Assisted in the filling of 1000-2000 daily orders for a major window grille
manufacturer; Completed inventory reports and was responsible for efficient
loading of outgoing trucks. Learned to perform favorably under my
supervisor's expectations of minimal error.
-
-
3M Corporation, St. Paul, MN.
Part Time Technician, August 1990-March 1992.
Produced and tested 200-400 liquid filter cartridges per day; Maintained
constant attention to detail, teamwork, and knowledge of machinery.
Communicated and coordinated with engineers and management about
production process.
e'
REFERENCES: Available upon request
LG220
(Rev. WD3)
Minnesota Lawftd Gambling
Application for Authorization for
Exemption from Lawful Gambling License
FOR BOARD USE ONLY
FEE CHK
INIT DATE
I
03-93-00.:L
Check the box below which indicate. your type of organization
~ Fraternal
o Veterans
o Religious
o Other non-profit
:aambnng:Siti:rt:::r:::::::::::::::r::::::t,q::/::::
Name 01 sle where activity w/Illake place
S~'I .Iat< ,(!,I-Io/
Sllll8l City -.. .. -.. ... - -- --Township Slale
10 "Sc.. ~ l _ . ~. /wa re V- MN
Oale(5) of aclMty (for rallies. indicate lhe Ie of the drawing)
CJ(!
::::7YPesofg(@'~::::'::::::::::::::I:::,i::i
Check the box that indicates your proof of nonprofit
atatu. and attach a copy of the proof to the application.
o IRS designation
g: Certification of good standing from the Minnesota
Secretary of State's office
o Affiliate of parent nonprofit organization (charter)
Game(a)
Bingo
Raffles
Paddlewheels
Ti boards
Pull-tabs
I declare all information submitted to the
Gambling Control Board is true, accurate,
and complete.
Slgnalure 01 person receMng appUcatlon
Date received
TIlle
Dale Received
Mail with $25 permit fee and copy of
proof of nonprofit status to:
Gambling Control Board
1711 W. County Rd. B, Suite 300 S.
Roseville, MN 55113
White - Original
Yellow - Board returns to
organization to complete
shaded areas
Minnesota Lawful GambUng
Application for Authorization for
Exemption from Lawful Gambling License
Fill in the unshaded portions of this application for exemption and
:~ibneandAddt-~~;6lb;itl;t1a~8~8=i::0~lm:)-ir?9.,activity fo'..pro.;essing.
Organization Name :.z'f /6..3 oJ-
sr,l tUa . (:.r /.1M. I d ki.J. 0 r (!,;)/ (.(Ut bu.s:. r1 0 Y7 e..
Stl1let 'City State ~ code
I /0 s:.o, 6..-e e / ~ s: . I ud'ic v. JU IJ . ....$-08 if-
ChIeI Executive Officer Daytime Phone Number T surer
fhuH"1 uS; S;I'~ ,71'7 ~ { (t./J)L{39- 'IS.l ~l. /2 ((:h a -rd Wood
tt.iiP~:dtt{#,~~pr~.t!~:;qgi~li~,~~e~:':::::::::':,:::::;\.-.-;:,,:::.'\':::",' " ,:';:;:;;:;;';;:;:,;::::::;;;::::::::<:i:;::,,:'i'" ,::',
FOR BOARD USE ONLY
FEE CHK
INIT DATE
LG220
(ReY. .u::w3)
I_I
Currentlpl1lvlous 8Xe~ number
t9 -9 -00/
County ,
Was.tt /1'1 . rp~
Daytime Phone Number
~/,)) ~ 56 - 8 ~~65-
Check the box below which indicate. your type of organization
~ Fraternal
o Veterans
o Religious
o Other non-profit
:'Gamblirigj:Stfe:(::::Hf\::U$:'\
Name of de where adMty will take place
(!"-V;"]( <:!al I, S(d'1C701
6St~ ...,.-/ City .. .. ... - . -;.:.::' ~TO/wnshIp
Of c..:> -$ <..J/' L- a
Date(s) of actMty (for raffles,lndIcaIe !he date of !he drawing)
'c:tjL-/
':::~~~fP~e.i0..\\.:j;:;:<~.A" ,1,,7' '" ",/,'"
Check the box that indicate. your proof of nonprofit
status and attach a copy of the proof to the application.
IRS designation
Certification of good standing from the Minnesota
Secretary of State's office
o Affiliate of parent nonprofit organization (charter)
, ....,',.....'.'..
':...','.',.',..,.....,....
. ,.......,......
u
, ...,.......
. ....". . . . . . . .
........... ...
C1 f c= f e V I 'Ci-
Stale
MN
County ,
WfYSh IJ1' LJI-Z-
z~ code
S-c{?
Gam-<_
Bingo
Raffies
Paddlewheels
Ti boards
Pull-tabs 0
I declare all information submitted to the
Gambling Control Board is true, accurate,
and complete. .
Ch'-' Executive Offlc Oata
:L6Cafi1nU.~JdOvenvrtentAckh&wiedgm~rtt:
I have I9Celved a copy of this application. This application wi. be reviewed by the Gambling Control Board and wUI become effedlv8 30 days .rom the date of
receipt by the cay or county, unless the local unlt of government passes a resolution to specifically prohibit !he adlvlty. A copy 01 that resolution must be I1lcelved
by the GambDng Controf Board within 30 days of the date filed In below. Cities of the fIrSt dass have 60 days In which to disallow the adlvlty.
City or COUnty Town_hip Township is
City or county name T ownshlp name 0 or . ed
t; Q ~~
1 ", I'. .,' rr '" (1('1 - " 0 unorganized*
~1~tu~J f P:CSOn I1lce~ng') ;lIcatlon Signature 01 person receMng appftcatlon 0 unincorporated*
~ r ;,,', (~_ .;.. ( 'y",> " * Attach letter
lie Date received TItle Dale Received
(i".. -/ ( 1 i \ J
This forin will be made available
in alternative format (Le. large
print, braille) upon request.
'0
r;
ail with $25 permit fee and copy of
proof of nonprofit status to:
Gambling Control Board
1711 W. County Rd. B. Suite 300 S.
Roseville, MN 55113
White - Original
Yellow - Board returns to
organization to complete
shaded areas
--
e
~
TWIN CITIES STORES, INC.
m SOutH SIXlH SIREEI · Suite 2COO · MINNEAP0l5. MINNESOfA 5S402.1498 I lHEPHONE: (6121340-8770 · FACSIM~E: (6m 340-8738
II
August 31, 1994
Morli Weldon
City Clerk
City of Stillwater
216 North Fourth
Stillwater, MN 55082
Re: Twin Cities Stores, Inc.
Dear Sir or Madam:
Twin Cities Stores, Inc. will be purchasing two Fina stores located in
Stillwater. The acquisition is expected to be completed on September 8, 1994.
., entities:
· Application For License To Sell Cigarettes At Retail
· Proof of Workers' Compensation Insurance Coverage
· Business License Application
· Exhibit "A"
· Application For Retail "Off Sale" License to Sell Non-Intoxicating Malt Liquors
Enclosed please find the following documents for the above-referenced
I have also enclosed a check in the amount of $60.00 for fees for the
licenses.
Your assistance in expediting this matter would be greatly appreciated. If
you have any questions or comments, do not hesitate to call me at (612) 340-8770.
e
GKH/ls
enclosures
Form 281 _ Application for Licenle to SoU Cigarettes at Retail. (Chapter 382, Law. of 1951.1
BUSINESS RECORDS CORPORATION
State of Minnesota,
County of. . , .W&l:ibington . ' . . . . . , . . . . .
, . . . . . , ~.i.t.~ . . . . . . . . . of . . ~~~.1.1~B:~~~. . . , . , . .
Application No. . . . . . , . . . . . , , . . , . . . . . , .
Application for License to Sell Cigarettes at Retail
The undersigned resident,.. .of the..... ~~~y,.,. ,....,....... .of,..". ~.u:r:~f!'!:!-.p..~...... .,..,
in the county of. ., . .. .. .. . P?~.o.~a;..,...,.. , ., State of Minnesota, HEREBY MAKE, S, .APPLICA.
TION FOR LICENSE to be issued to.... :r~i,~ ,GH~~!>. ,S.t.qI;~!?,. ~p.~,.........", ..,.'.."" ., ....
to sell cigarettes and cigarette papers and wrappers at retail at, ,1\071.11. C.i.t.:i,e:~ . $ t91'~J3", J:nc:, .1/615, . ,
. . . . ~ ??9, ?~,u:t:l! . Gr;~~J..Y. . , . , . , . . . . . . . , , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , . . . . . . . . . . , .
in the ..... ~,i.t.Y. . . . , . . . . ' , . . . . of . . .~t;~J,..1.~9-~~:r. . . . . . . . , . .in said county and state for the term of
. , . . . . ~. Y,E;a;r: . . . . . . , . , . . , , " beginning with the. . . .1.s.t; , , . . day of ' , ,Jlip-31p.,r,y: . . . . . . . . . . . , . , . "
19, . .9A , , . . . ., subject to the laws of the State of Minnesota and the ordinances and regulations of said
. . . . . . . . .G~ 1;y. . . . . , . . , . , . of. . .S,t.i,.1,J,.~(H:~r. . , . . , . . . . , ,pertaining thereto, and herewith deposit. . . .
$. , , . .1. ~ ~ 99. . . . , . , , , ,in payment of the fee therefor.
Date...... ~.. '-~/.........., 19. .9A...
/
II
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~..' l3A1~SI"I. .rar. ~It~
:. ~ .... ' . I ',. \ . ' I
. . , ,
, .1. ;".. ..~. ..., '."
t.
STATE OF MINNESOTA
Combination Application for Retailer's (On-sale) (Off-sale)
Non-Intoxicating Malt Liquor License
7'0 the
r.ity nf ~til1~~tpr .
Naill. of UcenaiDll" autboril7 (count" (cit,)
County of
I,
Washin~ton
James David Ridings
, of tIll! city. Or
town of Burnsville , coun,ty of Dakota ' , Stau,
of .,IIinnesota, hereby make application for a Retailer's 6dmxa:~ (Off.sale) .Yon--.intoxica.ting ,;}[~lt
. Liquor LieelUI?- to sell SILCh .llalt ZiqlLor under and p'Lrsuant to an ordmanc,' (resoIILtlon) passed by cIty
council. county boarcl of Stillwater
and Chapter 340, JlIinnesota Statutes 1945, as amended, providin~ for lice7l3int and ;eguZa.ting t~
,ale. CJ/ 1i.v.....t;:.to.;..-!..:a.ting ma.Zt litr..:.cr.
DILring the past five years, my residence has been as follows: 1101 llpn O"k r.ir,.l p ~ ,
Burnsville. MN 55337
J IL'as born
3
3
56 nt
'Y~.t
M-:c._"
0..
CllY
HoroU8'b
TowlS
St.a.t.c or CoUDty
J am a (native) ~mmi) citizen of the U,.ited States.
I am married. J}ly (wife's) ~~~~ltJ nam,e and address is
I am proprietor. Twin Cities Stores. Inc.
Firm u:as incorporated 7/14/94 in the state oj Delaware
Corporation i8 authori:ed to do business in .lfinnuota.
License i8 for Twin Cities Stores. Inc. IfM!L(street) (highu:ay) located as fol'Luw.:
103 North Main. Stillwater. MN ~~082
~
li
.,
The license u:ill be in connection with
~onvpnipn~~/ia~ store
Drulf Store. Cafe, Rutaat&D1. Batel. CluD
which has been in operation
Montha
Yun
~:-'"
The establishment is located on the
The business pl'emises are owned. by
The taxes alL the property are not delinquent.
I am p.n~a~ed in the retail sale of intoxicatin~ liqtuJr.
I have nnt had. an application for license rejected. as follows:
I hat'e never been convicted of a felony nor of violatin~ any National or state liquor Za.w or Zoc4l
qrdinance reZa.tin~ to the manufacture, sale or transportation, or possession for sale or transportatu,n of
;ntoxicating liquor. '
GambZin~ or tambZin~ d6vicu wi,ll not be permitted. on the licensed premises.
I am. the owner of the ZeasehoZd., furniture, fixtures, and equipment in the premises for which the
, license is applWd, e;cupt
1st
Twin Cities Stores, Inc.
ftoor.
~
.,'
-.
....
'~~,
.:....... .
-,'
I.:..
1""'-.,
I-~"
';o"'r.":!r
...
I have no intention or agreement to tra~er the Ucense to another penon.
I submit the following names of penons, including a bank, for reference, with whom I have had business relations
aafollows: Norwest Bank Minnesota, N.A.
'....
I.~-
-
intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt
In accordance with the ordinance governing thia lIce....e. My Federal Tax Stamp Receipt is No "pp 1 i p(l fnr
I will comply st.;ctly with the provisions of the ordinance relating to the sale of soft drinks for "mixing" purpose.
and will serve pat>'r.\Js it' lull view of the public. .
I agree to vraive my Cmlstitutional Rights against search and seizure and will freely permit peace officers to inspect
my premises and agr~e to the fOl...iture of my license it found to have violated the provisions of the ordinance (resolution)
providing for the gr..nting of this license.
I hereby solemnly swear that the foregoing atatements are true and correct to tbe beat of my knOWledge and that I
agree to comply witb an th~ l'r~viaions of the ordinance under which tbfs license is graD d.
Subscribed and sworn to balore me thi. ~O+ 3 ( . -
day of ~ .~ / !I! ,19~
k~ V
NOTE: LlcftlMll IDa? be e4 nIT \0 ~notJ~ who &,. ddSftll af dI.. United St.... aDd ...ho are of ..00tt JJ\Oral cbu-act.er -ad no..... _be k,.
.....'.04 tIl. ... ot 21 7-" oad who on ""'or/.wn ot tIM ...bllob:;::r wbl.b lb. JJ...... .... ....od. U'" .. TOO, . ..
e _Nrt~K._~A.
FWoolSEY COUNTY
:_" MY c:ow"SSM)H EXPtAES ~II
1--
STATE OF MINNESOTA
Combination Application for Retailer's (OR 311k) (Off-sale)
Non-Intoxicating Malt Uquor Ucense
7'11 the City of Stillwater
County of Washinl!:ton
I, James David Ridinis
, of the city, or
ej
Name 01 IIceaaiDS' authorit, (county) (eit.,)
town of Burnsville , coun,ty of Dakota , State
of ,.lfinnesota, hereby make application for a Retailer's 1'~)C {Off-sale} .Yon.-in!-o::r:icatin~ ,;l[~lt
Liqltor License to sell SItch .1Ialt liquor under and pltrSUant to an ordinance (resOilttion) passed by cIty
COllncil, county board of Stillwater
an/I Chapter 3.40, Minnesota Statutu 19.45, as amended, providing for lice7l.!ing and. regula.tint. t~
iaie of non-into.ricating malt liquor.
DItrinl1 the past five yeaTS, my residence has been as follows: 3303 Red Oak Circle~~_
Burnsville, MN ~~JJ7
J wa.s born
3
M'C'e"'!-
3
D&7
56 "t
Yc-a..
Ch.7
Boroucb
To....a
St.&La or County
I am a (native) ~i::lemJ. citizen of the United States.
I am married, ,}Iy (wife's) ~t~"ul~ name and address is
I am proprietor. 'T't.1i n Ci ti PS 5tnrps, inC'
Firm lCa.s incorporated 7/14/94 in the ,tate of Delaware
Corporation U authori::ea to do lmsiness in .lfinnesota.
Lice7t.Se ufoI' Twin Cities Stores. Inc. /1615 (street) (highll:ay) located. cu follaw,:
1750 South Greelv. Stillwater. MN 55082
The lice7t.Se u:ill be in connection with
convenience/gas store
Dn:l1' Store. Cate. Reu.aUf&D.\.. Hot.lll. Club
which has been in operation
ldontha
Yea..
The establi..hmcnt is located on the
1st
floor.
-
The bnsiness prcmues are owned by 'T't.1in Cities Stores. Inc.
The ta:J:68 01t the property aTe not delinquent.
I am I'.ngaged. in the retail sale of intoxicating liquor.
I have not had. an application for license rejected. Q.8 follow,:
I haI:e never been convicted. of a felony nor of violating any National or state liquor la.w or local
ordinance relating to th~ manufacture, sale or tra7tllportation, or possession for ,ale or transportation of
; nto::r:icatine liquor. .
Gambling or gamb~ing c1.evicu will not be permitted on the lice7t.Sed. premisu.
I am the uwner of the leasehold, furnitu,re, fixtures, and equipment in the pTemi8B8 for which the
Ecense is applied, except
I have no intention or agreement to transfer the license to another penon.
I suhmit the following names of persons, including a bank, for reference, with whom I have had business relations
aafollows: Norwest Bank Minnesota. N.A.
T Intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt
In accordance with the ordinance governing tb/a license. My Federal Tax Stamp Receipt b No auulied for
I will comply strictly with the provisions of the ordinance relating to the sale of soft drinka for "mixing" purposes
and will serve patrons in f"n vie..r uf thl> -public:. .
I agree to waive my Co",stltntiullr.! Ri .;bts against search snd seizure and will freely permit peace oUicen to insl'e<:t
my premises and agree te the, !"rt"i,"r~ "t my license if found to have violated the provisions of the ordinance (resolutIon)
providin~ for the granting vi il>i2 il~elo".
I hereby solemnly swear iJ'<.t tt~ fcregoing statements are truu,r.d correct to th'fibeat of my knowledi8 and that I
agree to comply with all the pro...L~i'JM of the o~nce under which s li~ens~' gral1~d. _
Subscribed and s....orn belore me thi
day of . 19 q
HOTE: Llceua m..,. 1M " only to Il4hOa' wbo an dtt..n.a of the Ualted StI". allld who are of cOOl! tnOr.1 ek.-.ct.u ...4 J'CatA _ho r e
_nall1leQ th. I.e. of :1 ,-.n Il 4 wDo a.n praori.\On ot th. .wls.llIll..a for -hl..:b th. Uccaa_ "N lMuecL 7-]'"'' e. TOO. . .\."..
'~1 ! '
e ~y~~~ '
IIt1fNft pYIUC - ........SOTA
, "...' In=::" ~:~,....
.
.
I.
I
f~ :r~
BCREAU OF :-'IEDL.\ 110:-1 SER\ lGS
State of j\,linnesot.1
..
~' <-,LA:..f
IN THE MA TIER OF A PETITION FOR
CLARIFICATION OF AN APPROPRIATE
UNIT
September 7, 1994
City of Stillwater. Minnesota
- anu -
Minnesota Teamsters Public and Law Enforcement Employees Union. Local No. 320,
Minneapolis, Minnesota
BMS Case No. 94-PAF-1412
NOTICE OF HEARING
A public hearing will be conducted by the State of Minnesota, Bureau of Mediation
Services, in the above-entitled matter in accordance with the Public Employment Labor
Relations Act. A copy of the petition is attached hereto. The hearing is scheduled to
be held as follows:
DATE:
Thursday, November 3, 1994
TIME:
10:00 a.m.
PLACE:
Bureau of Mediation Services
13HO Energy Lane
Suite 2
St. Paul. Minnesota
All parties are requested to present to the Hearing Officer at the hearing any current
contract. correspondence, or such other documentation that may be pertinent to this
matter.
THE EIVIPLOYER IS ORDERED TO:
POST THIS NOTICE OF HEARING AT THE WORK LOCATIONS OF ALL
EMPLOYEES INVOLVED.
(612) 6-lY-;-l21 FAX: 11012) n-l3-3013
1380 Energy Lane' Suite #2. St. Paul. :-'IN 55108-5253
An Equill Opportunity Employer
~
Notice of Hearing
BMS Case No. 94-P AF-1412
Page Two...September 7, 1994
ALL PARTIES SHALL BE PREPARED TO ADDRESS THE QUESTION OF WHETHER
PUBLIC SAFETY SUPERVISORS MAY CONTINUE TO BE REPRESENTED BY
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES
UNION. LOCAL NO. 320. WITHIN THE SAME BARGAINING UNIT WITH OTHER
SUPERVISORS OF THE CITY.
FAILURE TO APPEAR AT THE HEARING IN PERSON OR THROUGH AN
AUTHORIZED REPRESENTATIVE MAY PREJUDICE THE RIGHTS OF THE PARTY
NOT APPEARING.
STATE OF MINNESOTA
Bureau of Mediation Services
~~.~~
JANET L. JOHNSON,
Representation Specialist
gar
cc: Larry Bastian
Nile Kriesel (2)
(Includes Posting Copy)
James Stevenson
.
.
.
.
.
.
L~
" -
..;:.
'..
'1'':':'
'.....
February 15, 1994
q '-\ _ p~ f" -\4\ ').i
',:'
illwater ::
---- -= ~....
~ -'1'\
THE BIRTHPLACE OF MINNESOTA J
C
I
Mr. Peter E. Obermeyer
Commissioner
Bureau of Mediation Services
1380 Energy Lane
Suite #2
St. Paul, MN 55108-5253
Dear Mr. Obermeyer,
On or about March 22, 1991, the City received a Maintenance of Status Quo
order pertaining to the Stillwater Public Managers Association. Subsequent to
that order the City received notice of the Certification Unit Determination
(June 5, 1991) and the Certification of Exclusive Representation (June 24,
1991).
None of the documents included any reference to the organization that would be
representing the Stillwater Public Managers Association. However, in January
of 1992 I received a letter from Lawrence M. Bastian advising me that James
Stevensen would be the steward for the newly certified group. At that time, I
was extremely surprised to find out that the organization (Teamsters) that
represented our Police personnel (i.e., Patrol Officers, Juvenile Officers,
Investigators and Sergeants) would now also be representing the supervisory
personnel. This appeared to be illegal or at least inconsistent with common
sense if not the intent of Minnesota Statute 179A.09. I then contacted both
the Bureau of Mediation Services and Cy Smythe, Labor Relations Consultant for
the City of Stillwater to question this situation. As I recall, I was
informed by both parties that this situation was not a violation of the law
and that the City had no recourse but to accept Teamster Local No. 320 as the
representative organization. Subsequently the City negotiated and settled a
labor agreement between the City of Stillwater and the Stillwater Public
Managers Association.
As it now stands the City is continuing negoti ations with Teamsters Local No.
320. However, I still belit::ve that it is inappropriate for the Teamsters to
represent both the Police personnel and the supervisory personnel. Some very
difficult scenarios are easily envisioned.
For example, if the Police Chief were to discipline a patrol officer, the
patrol officer could (and probably would) file a grievance. The grievant
would be represented by Mr. Bastian of the Teamsters and the Police Chief and
I would represent the City. Then assume that I discipline the Police Chief
for some action he wrongfully took against that same patrol officer. Mr.
Bastian of the Teamsters would now represent the Police Chief and the patrol
officer who I just tried to discipline would now be sitting on my side of the
t ab 1 e.
CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121
2/15/94
Page 2
This is only one example. I am sure you can picture situations that would be
even more cumbersome and/or counter-productive to the maintenance of good
supervisor/subordinate relationships - and an effective work force.
I would ask that you investigate this matter to determine if in fact the
Teamsters are allowed by law to represent both groups. If you need any
additional information please feel free to call me at 439-6121. Thank you for
your attention to this matter.
Sincerely yours,
~1.'.{'t l~ ~JJ
Nile Kriesel
City Coordinator
NK/ss
.
.
.1
1-
9:00
2.
3.
9:00
4.
9:20
5.
9:40
6.
.
7.
8.
9. 10:00
10. 10:10
TO
11:40
11- 11:40
12. 1:00
TO
2:00
WASHINGTON COUNTY
Den~ia C. Hegberg
Diflrict 1
MlIfV H_er
District 2/Chllir
Wally Abrahamaon
District 3
Myra Peterson
Diflrict 4
Dave Engstrom
Diat,ict 5
COUNTY BOARD AGENDA
SEPTEMBER 13, 1994, !l:OO A.M.
ROLL CALL
CONSENT CALENDAR
RESOURCE RECOVERY PROJECT - J. TURNQUIST, PROJECT MANAGER
A. TIPPING FEE AT THE RESOURCE RECOVERY FACILITY
B. 1995 OPERATING BUDGET
PUBLIC WORKS DEPARTMENT - D. WISNIEWSKI, DIRECTOR
A. AGREEMENT FOR A FISHING PIER AT POINT DOUGLAS PARK
B. GREY CLOUD ISLAND PARK MASTER PLAN
GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR
DISCUSSION FROM THE AUDIENCE
YmroltS AUf SHARE THEIR CONCERNS wrm 71IE COUNTf 1l0ARD OF COMMJSSJONERS ON ANr ITEM NOT ON 71IE AGENDA. 71IE CHAIR WIlL DIRECT
71IE COUNTf ADMlNIS11lATOR ro PREPARE RESPONSES ro fOUR CONCE1WS. fOU ARE ENCOURAGED NOT ro liE REPE1T110US OF PREVIOUS SPEAKERS
AND ro L1MTT fOUR ADDBE3S TO FIVE MINUTES.
COHHISSIONER REPORTS - COHMENTS - QUESTIONS
'11DS PERIOD OF 11ME SHAlL liE USED IIf 71IE COMMJSSJONERS TO REPORT TO 71IE FUlL 1Ia.4RD ON COMMllTEE ACT1VTl7ES, MAKE COMMENlS ON
AUTnRS OF lNIEREST AND INFORMA110N, OR 1WSE QUES110NS ro 71IE STAFF. '11DS ACTION IS NOT /NJ'ENDED ro RESULT IN SUl/$TAN11VE
1Ia.4RD ACTION DlJRlNG '11DS TIME. ANr AC110N NECESSARf IIEClUSE OF DISCUSSION WIlL liE SCHEDllUD FOR A FUTURE 1I0ARD MEEI1NG,
BOARD CORRESPONDENCE
ADJOURN
WORKSHOP WITH PUBLIC WORKS DEPARTMENT - B & C
COST PARTICIPATION POLICY
BREAK FOR LUNCH
WORKSHOP WITH OFFICE OF ADMINISTRATION - B & C
REVIEW OF FUTURE NEED FOR PUBLIC INFORMATION, INTER-
GOVERNMENTAL RELATIONS, LOBBYING, AND INTERCOUNTY RELATIONS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MEE~IHG HMICES
committ.. ~ia. Location
911 Board 12:00 p.m. 2099 University Ave. W. - St. Paul
Solid Waste Advisory 5:30 p.m. Washington County Government Center
Park and Open Space 7:00 p.m. Washington'County Government Center
Minnesota_~xtension ~.._ ~'b'li I 7:30 D,.m.,. Extension Office - Rooms A & B
Uyou need assuUlnce....... to {Usa I ty or anguage 'battier, plCase caU 43~3 (7DD 439-3220)
AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
.
. 14
14
15
15
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR**
SEPTEMBER 13, 1994
It
J'
The following items are presented for Board approval/adoption:
.
DEPARTMENT/AGENCY
COMMUNITY SERVICES
ITEM
A. APPROVAL OF 1994/95 AGREEMENT WITH DISTRICT MEMORIAL HOSPITAL
TO PROVIDE CHEMICAL DEPENDENCY SERVICES.
B. APPROVAL OF 1994/95 AGREEMENT WITH HUMAN SERVICES, INC.
(WASHINGTON COUNTY JAIL PROGRAM) TO PROVIDE CHEMICAL
DEPENDENCY SERVICES.
C. APPROVAL OF 1994/95 AGREEMENT WITH KINNIC FALLS ALCOHOL-DRUG
ABUSE SERVICES, INC. TO PROVIDE CHEMICAL DEPENDENCY SERVICES.
D. APPROVAL OF 1994/95 AGREEMENT WITH WE CARE COUNSELING CENTER
TO PROVIDE CHEMICAL DEPENDENCY SERVICES.
E. APPROVAL OF CONTRACT WITH DAVID PAGE TO PROVIDE SERVICES FOR
FRONTLINE WOMEN PROJECT.
HEALTH, ENVIRONMENT &
LAND MANAGEMENT
F.
APPROVAL OF AMENDMENT TO THE COUNTY'S 1994 CONTRACT WITH WENCK
ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN
CONJUNCTION WITH THE LAKE JANE LANDFILL; AUTHORIZE THE CHAIR
AND THE COUNTY ADMINISTRATOR TO EXECUTE ON BEHALF OF
WASHINGTON COUNTY AND AUTHORIZE PAYMENT.
HUMAN RESOURCES
G.
APPROVAL OF A SPECIAL PROJECT CLERK TYPIST IN THE PUBLIC
WORKS DEPARTMENT, FACILITIES DIVISION, THROUGH DECEMBER 31,
1994. .
APPROVAL OF 1994-95 AMENDMENT TO CONTRACT WITH FRANK MADDEN
AND ASSOCIATES FOR SERVICES AS THE COUNTY'S LABOR RELATIONS
CONSULTANT.
H.
PUBLIC WORKS
I.
APPROVAL OF RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR
TRAFFIC SIGNALS ON CSAH 2 TO DESIGN ELECTRIC, INC.
J. APPROVAL OF RESOLUTION TO ENTER INTO MINNESOTA DEPARTMENT OF
TRANSPORTATION AGREEMENT NO. 72647 TO PARTICIPATE IN FEDERAL
AID HAZARD ELIMINATION SAFETY PROGRAM FUNDING AND EXECUTION
OF SAID MN /DOT AGREEMENT.
K. APPROVAL TO AMEND CONTRACT WITH GAUSMAN AND MOORE TO COMPLETE
PHASE B OF THE NSP LOCAL GOVERNMENT ENERGY CONSERVATION
PROGRAM DOCUMENTATION, AND AUTHORIZATION TO ADVERTISE FOR
BIDS FOR LIGHTING RETROFIT ONCE ALL NECESSARY DOCUMENTATION
HAS BEEN COMPLETED.
-*Consent Calendar itema are generally defmed as items of routine buainess, not requiring discussion, md approved in one vote. Commiuioners may elect to
pull . Consent Calendar item(s) for discuasion and/or separate action,
.
Dennis C. Hegbe,g
District 1
Mary Hauser
District 2/Chair
Wally Abrahamson
District 3
Myra Peterson
District 4
Dave Engstrom
District 5
WASHINGTON COUNTY
COUNTY BOARD AGENDA
SEPfEMBER 20, 1994, 9:00 A.M.
1.
9:00
ROLL CALL
2.
CONSENT CALENDAR
3.
9:00
STAR TRAIL ASSOCIATION - NORA GALLMEYER
USE OF RAILROAD BED THAT RUNS BETWEEN HUGO AND FOREST LAKE
4.
9:10
GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR
A. JURISDICTION OF OAKLAND ROAD IN THE TOWN OF MAY
5.
B. UPDATE ON WASTE HAULERS' LAWSUIT
DISCUSSION FROM THE AUDIENCE
VlSlTORS MAY SHARE 11lEIR CONCERNS W11H THE COUNTY BOARD OF COMMISSIONERS ON ANYlIW NOT ON THE AGENDA, THE CIWR WIlL DIRECT
THE COUNTY ADMINmBATOR ro PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPElT170US OF PREVIOUS SPEAKERS
AND ro LIMIT YOUR ADDRESS TO F1VE M1NlJ1ES.
..
COMMISSIONER REPORTS ,- COMMENTS - QUESTIONS
THIS PERIOD OF TIME SHAlL BE USED BY THE COMMISSIONERS ro REPORT ro THE FUlL BOARD ON COMMJ17F:E ACJ1V/T1ES. MAKE COMMENTS ON
MATlEllS OF INTEREST AND lNFORMA110N. OR R.USE QUES110NS TO THE STAFF. THIS AC110N IS NOT /NTENJ)ED ro RESULT IN SUBSTANTIVE
BOARD AC110N DURING THIS TIME. ANY AC110N NECESSARY BECAUSE OF DISCUSS10N WIlL BE SCHEDULED FOR A FU1TJRE BOARD MEEl1NG.
7.
BOARD CORRESPONDENCE
8.
9:40
EXECUTIVE (CLOSED) SESSION - R. ARNEY, COUNTY ATTORNEY
ATTORNEY-CLIENT CLOSED SESSION TO DISCUSS LITIGATION STRATEGY
REGARDING JUNKER SANITATION LANDFILL
9. 10: 15
ADJOURN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MEETING NOTICES
Date ColDlllittee Tae
Sept. 20 Vacancy Review Committee 10:30 a.m.
Sept. 20 Legal Assistance 12:30 p.m.
Sept. 20 Mental Health Advisory 4:00 p.m.
Sept. 20 Public Health Advisory Committee 5:30 p.m.
Sept. 21 Plat Commission 9:30 a.m.
Sept. 21 HRA Board 1:00 p.m.
Sept. 21 Transportation Advisory 2:00 p.m.
Sept. 21 Minnesota Extension 6:30 p.m.
.: (continued) 7:30 p.m.
22 Community Corrections 7:30 a.m.
22 MELSA/Metronet 12:00 p.m.
Location
Administration Conference Room
Stillwater Perkins
Oakdale City Offices
H.E.L.M. Meeting Room
H.E.L.M. Meeting Room
321 Broadway - St. Paul Park
230 E. 5th st. - Mears Park Centre
Stonebridge Elementary - Stillwater &
Washington County Government Center
Washington County Government Center
Metronet Offices - st. Paul
lfyou need assistance due to disDbility or IQIIguDge bDrrier. pletUe ctzll 430-6003 (7DD 439-3220)
AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR**
SEPTEMBER 20, 1994
'.
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ADMINISTRATION
ITEM
A. APPROVAL OF THE AUGUST 23 AND SEPTEMBER 6, 1994 BOARD MEETING
MINUTES.
B. APPROVAL TO APPOINT DAVID S. REISHUS, MAHTOMEDI, TO THE
SENTENCE TO SERVICE ADVISORY BOARD.
C. APPROVAL TO ISSUE AN RFP FOR 1995 LEGISLATIVE REPRESENTATIVE.
AUDITOR-TREASURER
D. APPROVAL OF ABATEMENT APPLICATIONS FOR HOMESTEADS.
E. APPROVAL OF CONSUMPTION AND DISPLAY (SET-UP) PERMIT FOR
WITHROW BALLROOM INC., MAY TOWNSHIP, APRIL 1, 1994 TO MARCH
31, 1995.
F. APPROVAL OF RESOLUTION AUTHORIZING THE REPURCHASE OF TAX
FORFEITED LAND BY JOHN J. CROTTY.
G. APPROVAL OF RESOLUTION, CONVEYANCE OF TAX FORFEITED LAND BY
THE CITY OF LANDFALL.
COMMUNITY SERVICES
H.
APPROVAL OF 1994/95 AGREEMENT WITH CEDAR RIDGE TO PROVIDE
CHEMICAL DEPENDENCY SERVICES.
COUNTY ATTORNEY
I.
APPROVAL OF RESOLUTION ACCEPTING RENEWAL OF ONE-YEAR FEDERAL
GRANT TO FUND FOR CALENDAR YEAR 1995 A PROSECUTING ATTORNEY.
AND A LEGAL SECRETARY IN THE COUNTY ATTORNEY'S OFFICE.
APPROVAL TO AUTHORIZE THE COUNTY BOARD CHAIR TO EXECUTE A
CONTRACT BETWEEN ISD #831 (FOREST LAKE) AND WASHINGTON COUNTY
DESIGNATING THE DEPARTMENT OF HEALTH, ENVIRONMENT AND LAND
MANAGEMENT AS THE LOCAL PRIMARY AGENCY FOR THE INTERAGENCY
EARLY INTERVENTION COMMITTEE.
HEALTH, ENVIRONMENT
AND LAND MANAGEMENT
J.
HUMAN RESOURCES
APPROVAL OF PERSONAL LEAVE OF ABSENCE WITHOUT PAY FOR CANDEE
MCCABE, COURT ADMINISTRATION, FROM SEPTEMBER 6 THROUGH
SEPTEMBER 18i 1994 RETROACTIVELY.
L. APPROVAL TO RECLASSIFY FIVE POSITIONS OF SECRETARY (JAIL
VALUABLES) TO THE CLASSIFICATION OF CLERK II IN THE SHERIFF'S
DEPARTMENT EFFECTIVE SEPTEMBER 25, 1994.'
K.
PUBLIC WORKS
M. APPROVAL AND EXECUTION OF JOINT POWERS AGREEMENT WITH THE
CITY OF ST. PAUL FOR THE MAINTENANCE OF WASHINGTON COUNTY'S
TRAFFIC SIGNALS.
RECORDER
N. INFORMATION ONLY - RECORDER FEES FOR THE MONTH OF AUGUST,
1994.
.1
"COIISCIIl Calendar it.cma an: gcneral1y defmed .. items of routine busineu. Dot requiring discuuiOll. IUd approved in ODe vote. Commi.aiOllcrlI may eJec:l to
puu . COIIICDl Calendar item(a) for discuuiOlllDdlor separate actioo.
F ~1 :T
~'~~~~~~~~!~~~ie~~~:u~~~~ ~ and wlntiuu,
.
REGIONAL BREAKFAST MEETING
FOR LOCAL OFFICIALS IN
WASHINGTON COUNTY
Metropolitan Council Chair Dottie Rietow invites you to attend a
regional breakfast meeting, Monday, September 26, for local officials in
Washington County. This meeting will provide an opportunity to talk
about issues the Council is working on, and a time for you to express
your ideas about the Council and your region's concerns.
.
Chair Rietow will discuss the Council's new Regional Blueprint, as well
as some of the metropolitan issues the Council thinks the legislature may
address in 1995. Rietow will be joined by Regional Administrator Jim
Solem to talk about the recent transition of the "New" Metropolitan
Council. Your input is an important component of the discussion
regarding matters in Washington County.
Monday, September 26
7:30 - 9:00 a.m.
Lake Elmo Inn
3442 Lake Elmo Avenue North
Lake Elmo
Cost: $4.30, includes continental breakfast, tax, gratuity
I.
RSVP: To register, please call the Council's Executive Offices at 291-6554,
by September 23.
Mears Park Centre 230 East Fifth Street
S1. Paul, Minnesota 55101-1634 612291-6359
An Equal Opportunity Employer
Fax 291-6550
TDD 291-0904
@ Recycled Paper
.
.
i.
F"~r
CITY OF LINDSTROM
P.O. Box 703 . 12670 Lake Blvd. . Lindstrom, Minnesota 55045
(612) 257-0620 . Fax: (612) 257-0623
September 8, 1994
Valkommen Till Lindstrom!
It's Lindstrom's Centennial Year and we cordially invite your -';11::'y'
Council and staff ~o attend ~ne League of Cities Regional meeting in
our fair city on October 20, 1994.
Lindstrom, as the final regional meeting site, is planning to augment
the normal meeting program to assure your visit to Lindstrom is
informative, enjoyable and memorable.
We begin early that morning as Lindstrom goes nationwide on CBS's
"This l"iorning" program. Tune in and see OUI- city's Swedish Group
singing "Oh What A Beautiful Morning" to Minnesota and the nation.
The ::iT~ernoon meeting begins at 2 P.r~. The first "Break" featur~s
t.re fa'110US SVledish donuts from Lindstrom's local bakery.
Our Swedish ethnic heritage turns global for the 5 P.M. social hour.
An "Oktoberfest" networKlng session will be held in our Lion's Park
located immpdiately adjacent to the meeting site.
Your 6:00 di~~er will feature a Pig Roast carefully prepared on site
over anop8n spit. Grilled turkey will also be available. If anyone
from your C1~Y na~ds speClal accommodations or has special dietary
needs, please call uS and we will make those arrangements.
To make reservations for your city, return the enclosed registration
form as soon as possible. In case of cancellations, olea&6 notify
Mark Karnowski at (G12) 257-0620 before Monday, Octobar 17th.
These regional meetings are designed to share vital lnformation you
need to operate your- city effectively 3!1d efficient,"l)'. In addition,
the LMC staff will be on hard to gather comments and auggRsticns on
chan u would like to see implemented. Please join US~
CITY OF LINDSTROM
1 994
P.O. Box 703 · 12670 Lake Blvd. . Lindstrom, Minnesota 55045
(612) 257-0620 . Fax: (612) 257-0623
L M C REG ION A L M E E TIN G PRO G RAM
October 20, 1994 - Lindstrom, Minnesota
AFTERNOON PROGRAM
2:00 - 2:45 p.m. Investment Strategies For Small Cities
2:45 - 3:00 p.m. Update on League of Minnesota Cities services
3:00 - 3:15 p.m. Break (featuring Swedish donuts and other sinfully
delicious treats)
.
3: 15 - 4:00 p.m. Tort Liability Limits
* How much liability coverage do . . need?
Cl"Cles
* What's' happening on tort 1 i m i ts in the .
courts and in the state legislature'?
4:00 - 4:30 p.m. ; City issues for the 1995 LegiSlative session
4:30 - 5:0Q p.m. "What's Happening in Cities" (Q& A session)
EVENING PROGRAM
5:00 - 6:00 p.m. Lindstrom's "Oktoberfest" featuring traditional
beverages, snacks and music.
6:00 - 7:00 p.m. Dinner featur-ing Chef Lance Larsin's "all you can
eat" pig roast
7:00 - 7:15 p.m. Introduction by Jim Miller, LMC Executive Director
"Welcome to Lindstrom" - Mayor Sig Stene
7:15 - 7:50 p.m. LMC 2000: Service & Leadership - What do you think?
7:50 - 8:15 p.m. "Open Meeting Law" video and follow-up discussion
on the open meeting law with Jim Miller, moderator
8:15 - 8:30 p.m.
LMC President's Message
St. Cloud
Chuck Winkelman, Mayor of
8:30 - 9:00 p.m.
Multimedia presentation on the "Ethics Law"
followed by discussion and question on how it
affects you and your city.
.
.
I
I~': ,
)' Iii
CITY OF LINDSTROM
P.O. Box 703 . 12670 Lake Blvd. . Lindstrom, Minnesota 55045
(612) 257-0620. Fax: (612) 257-0623
LEAGUE OF CITIES - REGIONAL MEETING
LINDSTROM - OCTOBER 20, 1994
f.L_E G :t S T RAT ION
FOR M
We \vill have city officials attending the regional mee~lng at
Llnas~rom on October 20th and agree to pay for their meals unless the
host city is notified prior to October 17th.
Please type or prln~ each name and title as you want them to appear
on the name tag. Persons Attending:
Name:
Title:
tJ ame :
.Name:
r~ame :
Title:
Title:
Title:
Name: Title:
(Use reverse side of this form to list additional attendees)
Person making reservation(s):
City:
Phone:
Number of Attendees:
@ $10.00 LMC Registration fee = $
Number of Attendees:
@ $14.00 Dinner/Break Charge =
Total: $
Note: r.;ake checks payab I e to the
"City of Lindstrom" and return to:
Mark Karnowski, Admin.
City Hall
P.O. Box 703
Lindstrom, MN 55045
The $10 LMC regls~ra~lon charge applies only to the first 10
registrants from each city (maximum LMC charge: $100). Sorry, but
.we cannot offer discounts for the $14 charge for the meal and breaks.
The $14 charge includes all costs for the meal, coffee, soft drinks
and snacks except for traditional "Oktoberfest" beverag~s.
.
CITY OF LINDSTROM
P.O. Box 703 . 12670 Lake Blvd. . Lindstrom, Minnesota 55045
(612) 257-0620. Fax: (612) 257-0623
M E M 0 R A ~ DUM
Date: September 8, 1994
To: City Administrators
Clerk Administrators
City Clerks
From: Mark Karnowski
RE: Lindstrom's LNC Regional Heeting
Enclosed is the information you neea ~o encourage your City Council
and Staff to attend what we believe will be the bestLMC regional
meeting in 1994.
we see ~nlS as your last chance to break away from the office and
spend an informative afternoon "networking" Wl~n your cronies on ~ne
city's budget, the Vikings, the '91 series, and other issues of great
lmport.
.
We promise not only an ln~eres~lng and informative program but we are
including a mixture of social events to assure an enjoyable
experience.
Please encourage your Council and Staff to attend.
Incidentally, the Chisago Lakes Golf Course is located only a halT
mile f~cm the meeting site. It should still be open and available
for morning tee times. You may be wise to avoid the rush of traffic
to the LMC meeting and arrive early to get that last 9 holes in
before the snow flies.
Arrange for your own group and call (612) 257-1484 to arrange for a
tee time.
See you at the meeting!
.
.
.
.
CllY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, SEPTEMBER 12, 1994
Staff reports were reviewed prior to the regular meeting.
Call to order by Mayor O'Neal at 7:15 p.m. Present: Schaaf, Kern, Seggelke, Doerr, Vierling,
Holst, Swanson, Benson, Anderlik and Richards.
Doerr, seconded by Kern, moved to direct Tree Inspector to obtain two written quotes for tree
removal to be submrtted to Council at the September 26, 1994 meeting. 5 aye votes, Carried.
Steven Jelinek submitted a letter and expressed concerns regarding a holding pond on his
property in River Hills Addition. Mr. Anderlik explained the criteria for establishing the pond
and the mandate from the Minnesota Wetland Conservation Act Mr. Vierling explained the
City's easement for ponding and drainage.
Gerald 80nin expressed concerns for the noise generated from late night railroad engines
being parked and idling in a residential neighborhood. The Police Department was directed to
address this problem.
Schaaf. seconded by Kern, moved to authorize Public Works Director to obtain quotes for
washing the water tower and submit by September 26. 1994. 5 aye votes. Carried.
Public Works Director was directed to obtain quote from Miller Excavating for repair to the
Valley View Park culvert. If costs exceed $5,000 additional quotes will have to be obtained.
Schaaf. seconded by Seggelke, moved to approve fall street sweeping for 28 hou~ @ $48 per
hour as stated in the contract with St Croix Sweeping,. Sweeping to be completed by
October 15, 1994. Sweeping to be completed without interruption or contraot is no longer
valid. City is responsible for hauling and disposing of sand and debris. PUblic Works to pick
up heavy sand before sweeping commences. 4 aye votes. Kern abstained. Carried.
Doerr, seconded by Kern, moved to direct City Engineer to investigate storm sewer drainage
problem in the area of Peaoan Ave. N. and upper 63rd St. N. and report findings and
recommendations by September 26. 1994.
Doerr, seconded by Kem. moved to approve sign permit for Holiday Stationstores providing it
meets all City Ordinances. 5 aye votes. Carried.
Doerr, seconded by Seggelke, moved to approve sign permit for Play It Again Sports. 5 aye
votes. Carried.
Park CommiSSion will meet September 19,1994 at 6:30 p.m.
Doerr, seconded by Kern, moved to accept first concept from Mariah Remodeling for
remodeling the Council Chambers for ADA requirements in the amount of $820.00 which
includes the hand rail and does not include carpeting. 5 aye votes. Carried.
PUblic Works was directed to repair bathroom door in back hallway.
09/13/94
16: 17
CITY OF OAK PARK HEIGHTS ~ 6124390456
NO. 585
[;102
'.
Page two - Minutes 9/12/94
Browns Creek Water Management Organization meeting will be held September 28, 1994 at
Stillwater City Hall.
Schaaf. seconded by Doerr, moved to recommend Russ Kirby for St. Croix Valley Watershed
District Manager. 5 ayQ votes. Carried.
Public Hearing for amendments to Chapter 401 of the Zoning Ordinance and Chapter 1304 of
the Tree Oridnance was continued. Mayor called for comments and discussion ensued.
Schaaf, seconded by Kern. moved to close hearing. 5 aye votes. Hearing closed.
Seggelke, seconded by Doerr, moved to adopt Resolution 94-09-31 approving amendments to
Chapter 401 of the Zoning Ordinance and Chapter 1304 of the Tree Ordinance as presented
by the City Planner with modifications as provided at the public hearing. Roll call vote taken
with 5 aye votes, Carried.
Schaaf, seconded by Kern. moved to table public hearing for Conditional Use Permit and
Rezoning request for lawn care and snow removal business submitted by Jon Nelson until .
September 26, 1994. City Administrator to notify Mr. Nelson. 5 aye votes. Carried.
Clerk read public hearing notice, presented affidavit of publication and mailing list for a
Planned Unit Development request submitted by Jack Krongard. Mayor called for comments
and discussion ensued. Kern, seconded by Seggelke, moved to close hearing. 5 aye votes.
Hearing olosed.
Schaaf, seconded by Kern, moved to approve general plan and development per planner's
recommendations of September 9. 1994 with the addition of a licensed engineer to review
plans and all twin homes shall be one story. 5 aye votes. Carried.
Seggelke, seconded by Schaaf, moved to allow issuance of interim grading permit subject to
the following conditions:
1. Developer to post security in the amount specified by City Engineer.
2. Developer to execute an agreement to be drafted by Office of City Attomey
regarding the issuance of grading permit and security and aCknowledging that the
Developer is proceeding at his own risk.
3. That the Developer's grading plan receive the written approval of Tim FredbO at the
Middle st. Croix Valley Watershed Management Organization and be approved by
the City Engineer.
Clerk read publio hearing notice and presented affidavit of publication to consider a Variance
request for a garage submitted by Mike LeTourneau. Mayor called for comments and .
discussion ensued. Kem, seconded by Seggelke, moved to close hearing, 5 aye votes.
Hearing olosed.
Kem. seconded by Doerr. moved to approve Variance request pending varification of setbacks.
Hardship due to size of parcel and the manner of which the building will be designated and
maintained. 5 aye votes. Carried,
09/13/94
16: 18
CITY OF OAK PARK HEIGHTS ~ 6124390456
NO. 585
[;103
. Page three - Minutes 9/12194
Clerk read public hearing notice and presented affidavit of publication to consider a text
amendment allowing interior storage as a conditional use in a R-8 district. Mayor called for
comments and discussion ensued. Seggelke, seconded by Schaaf, moved to close hearing.
5 aye votes. Hearing closed.
Seggelke, seconded by Kern, moved to adopt Resolution 94-09-32 approving amendment of a
portion of Ordinance 401 regarding R-B district as outlined in Planner's letter of September 91
1994 with adjustments as presented by City Attorney, Roll count vote taken with 5 aye votes.
Resolution adopted.
Seggelke, seconded by Kern, moved to schedule workshop for the rifle range issue October
ii, 1994 at 6 :30 p. m. Clerk's office to notif)' appropriate parties. 5 aye votes. Carried.
Doerr, seconded by Kern, moved to table MN DOT noise barriers issue until September 26,
1994 meeting.
.
City Engineer and Deputy Clerk/Finance Director were instructed to meet with School District
regarding the storm water pond at the School's south property line.
Kern, seconded by Seggelke, moved to table storm sewer charge issue to October 11, 1994.
City Attorney to meet with City Engineer and review charges and options. 5 aye votes.
carried.
Kern, seconded by Doerr. moved to table road repair at Valley View Park until September 26,
1994. 5 aye votes. Carried.
Seggefke, seconded by Kern, moved to continue public hearing on 58th Street until
september 26, 1994, 5 aye votes. Carried.
Doerr, seconded by Seggelke, moved to schedule budget workshop on Wednesday, October
5,1995 at 6:00 p.m. 5 aye votes. Carried. .
Doerr, seconded by Schaaf, moved to direct City Engineer to draw up specifications on road
system in Krongard Addition. 5 aye votes. Carried.
Schaaf, seconded 'a-f Kern, moved to direct City Administrator to review lots in the City that are
tax forfeited and submit recommendations for releasing lots back to tax rolls and report at
September 26, 1994 meeting. 5 aye votes, Carried.
.
Schaaf, seconded 'a-f Seggelke, moved to grant Morris Brekke and Carol Olson subdivision
approval on conveyances to be approved by the Office of the City Attomey. 5 aye votes.
Carried.
Public Boat Access to be an agenda item September 26, 1994.
Kern, seconded by Doerr, moved to approve minutes of August 8, 1994 and August 22, 1994.
5 aye votes. Carried.
09/13/94
16: 18
CITY OF OAK PARK HEIGHTS ~ 6124390456
NO. 585 ~04
Page four - Minutes 9/12194
.
Doerr, seconded by Schaaf, moved to adopt Resolution 94-09-33 approving the 1995
proposed budget in the amount of $1,879,655.00 and certifying to Washington County the
proposed general fund tax levy in the amount of $1,370,639,00, proposed Storm Sewer
Improvement Tax District NO.1 in the amount of $25,000.00 and proposed Capital Programs
levy in the amount of $67,230.00. Roll call vote taken with 5 aye votes. Resolution adopted.
Doerr, seconded by Kern, moved to schedule initial Truth in Taxation hearing December 6.
1994 at 6:00 p.m. 5 aye votes, Carried.
Kern, seconded by Schaaf. moved to schedule continuation hearing for Truth in Taxation for
December 19, 1994 at 6:00 p.m. 5 aye votes. Carried.
Doerr, seconded by Schaaf, moved to approve Mayor attending the Mayors Association in
Robinsdale in October at a cost of $80.00. 5 aye votes. Carried.
Kern, seconded by Doerr. moved to approve bills and Treasurers report as presented, Details
available at Clel1(s Office. 5 aye votes. Carried.
Councilman Schaaf will be attending the Metropolitan Council regional breakfast meeting .
Monday, September 26. 1994.
Seggelke, seconded by Schaaf, moved to adjourned. 5 Aye votes. Adjouned at 10:25 p.m.
9-7;/~
Judy Holst
Deputy Clerk/Finance Director
.
t='l.-f~
3490 Lexington Avenue North
St. Paul, MN 55126-8044
gue of Minnesota Cities
.
i
i.
September 13, 1994
TO:
Mayor, Manager, Clerk
PROM:
Ann Higgins; IGR Representative
RE:
October 6 workshop on " Information Superhighway" for city officials
Please distribute copies of the enclosed announcement to councilmembers and staff. Then
save the date and be sure to come!
The League strongly encourages officials to take advantage of this opportunity to learn frrst
hand about how cities can set policies and make sure that the array of technological advances
in communications will provide the kind of services and meet the needs of your community.
Elected officials, in particular, are often unaware and somewhat uncertain about how to
influence and ensure that development of local information systems and technologies improves
delivery of services and makes it possible to maximize the benefits for residents and
businesses.
Local leaders need to playa key role in helping citizens understand and respond to
these new opportunities.
You will soon receive a. mailine with detailed information about the proeram with attached
re~stration to be completed and returned to the University of Minnesota. There is no chan!e
for the nro~ram. Reserved parking will be available close to where the workshop will ,be
held on the St. Paul Campus of the university. Shuttle bus transportation to and from the
parking lot will be available.
Enclosure
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612)490-5600
Fax (612)490-0072
1-800-925-1122 plus your city code
TDD(612) 490-9038
"Plannin2 Your Trip on the Information Superhi2hway"
.
A 1/2 Day Session Co-Sponsored by:
The University of Minnesota/Office of the Associate Vice President,
Academic Computing and lnfonnation Technologies ·
The Metropolitan Council · Minnesota League of Cities · Association of Metropolitan
Municipalities (AMM) · Minnesota High Technology Council (MHTC) ·
Intergovernmental Infonnation Systems Advisory Council (IISAC)
.
.
.
.
Thursday, October 6, 1994
8:00 a.m. to 12:30 p.m.
University of Minnesota/St. Paul Student Center
North Star Ballroom
.
.
.
.
.
.
Join your metropolitan area colleagues in hearing about the information superhighway and how to
plan for your trip -- baggage and luggage, travel agents, available cruises, past travels,
new experiences, passports and more! Leading this excursion:
Dottie Rietow (Chair, Metropolitan Council) · Don Riley (Associate Vice President
for Academic Mfairs, University of Minnesota) · Bob Benke (Mayor of New Brighton) ·
Eric Sorensen (City Manager, Winona). Trudy Dunham (Chair, Clearinghouse Work Group
of the Children, Youth & Family Consortium, University of Minnesota). John Sanger (Tele-
Commuter Resources, Inc.) · Jim Krautkremer (Executive Director, IISAC)
.
.
,.
.
.
Plan to send one elected official and one .staff member.
Mark your calendars now -- seating is limited to the
first 250 registrants!
More details to follow.
The University of Minnesota is an equal opportunity educator and employer.
This material is available in alternative formats upon request; please contact
Kathy Confer at 625-3590.
.
P'1r-
THE LEAGUE
OF WOMEN VOTERS
ST. PAUL
150 EATON, SUITE ^ ST. P Aut, MN 55107 PHONE (612) 222-1215
September 14, 1994
MEMORANDUM
TO:
Mayors, Managers, Administrators
FROM:
Mary Anderson, Project Coordinator
RE:
Landmark Series
.
The League of Women Voters Saint Paul is working with Minnesota Landmarks to
produce the public affairs forum, The Landmark Series. I have been asked by the
League of Women Voters Saint Paul to coordinate their portion of the work. The
series is planned to be six lectures dealing with urban regional issues. The first will
be Friday, October 14 at 4:00 P. M., and the other five are planned for January
through May of 1995.
This series is an excellent opportunity for city officials to participate with other
governmental officials, business groups and citizen groups in a learning/discussion
experience focusing on critical urban regional issues.
You and all members of your city councils will be receiving an announcement and
invitation to each of the lectures which are free and open to the public.
The first lecture in the series is cosponsored by the Land Stewardship Project. It
will be held in the Weyerhaeuser Auditorium in Landmark Center on Friday, October
14 at 4:00 P. M. The speaker will be Peter Calthorpe, a nationally known architect
and planner noted for his environmental approach to community development and
urban design. The central focus of his practice is mixed-use master planning with a
concern for creating communities which are environmentally sound, economically
diverse, and socially progressive.
I invite and urge you to attend and to encourage other city officials to, also. I look
forward to seeing you October 14.
.
tm1 (J-
S~.JO
o
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Target Stores
, 2021 Market Drive
Stillwater, Minnesota 55082
c: €- ~\LoI9L
d> \~ ~
'::.Z,.'"
Target Stillwater
Cordially invites you to join us for our
Community Leaders Breakfast
To be held on:
Friday, September 3 0, 1994
7: 30 a.m. - 9:00 a.m.
2021 Market Drive
Stillwater, MN 55082
You will have an opportunity to meet and get to know
the Target Stillwater Team and tour the store before it is unveiled
to the public. You will also be able to hear more about
Target's commitment to the communities we serve.
Thank you for the cooperation we have received as we approach our
Grand Opening on October 9tll.
Please R.8. V:P. to Krischelle at 439-0292 by September 27th.
I look forward to meeting you.
Jay Myers
Store Team Lead
A Division of the Dayton Hudson Corporation
Printed on recycled paper. @
.
~ STATE OF
[AD [RD rn ~ @ iJ' ~
DEPARTMENT
F'1 r-
OF
NATURAL
RESOURCES
500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA · 55155-40
ONR INFORMATION
(612) 296-6157
.
'.
september 1, 1994
Ms. LaVonne wilson
Administrator/Treasurer
P.o. Box 2007
oak Park Heights, MN 55082
Dear Ms. wilson:
The Minnesota Department of Natural Resources, Trails and
Waterways unit is continuing to work on the location and
development of a public water access to the st. croix River in
the area of the Allen s. King plant. The access location, in
relation to the proposed Highway 36 bridge, is currently being
determined.
The Trails and Waterways unit is working and cooperating with the
Minnesota Department of Transportation, Northern states Power,
the Metropolitan Waste control Commission, the Minnesota
Wisconsin Boundary Area commission, the Soo Line Railroad on this
access development.
I have recently been assigned to this project and have not made
all of the contacts that I had intended to and for that you have
my apologies.
If you have any questions or would like to meet to discuss this
project please feel free to contact me.
Sincerely,
.~~ "' . -.,.'
- -'-
Water Access specialist
c: City of stillwater
steve Johnson
Molly Shodeen
AN EQUAL OPPORTUNITY EMPLOYER
City oe
g tiQQltiateft, uU hl~egota
cp ftocQamaHo~
...
"""
WHEREAS, Mrs. George (Louise) Schnell has given over half of her 94 years
to the service of others in our community,
and
WHEREAS, for the past 50 years Louise Schnell has and continues to, at 94
years of age, collect clothes for the needy and the poor; cleaning, mending and
pressing such items so that they are presentable,
and
WHEREAS, Louise Schnell continues to assist and supply newborns with
layettes,
and
WHEREAS, Louise Schnell for 50 years was a member of the War Mothers,
sewing slippers and making puzzles for our servicemen,
and
WHEREAS, for 25 years she has visited the nursing homes and volunteered
her time for sewing and mending for these residents,
and
WHEREAS, for the past 50 years she has been a volunteer at Lakeview
Memorial Hospital mending and sewing hospital gowns and making craft items
for the hospital and gift shop,
and
WHEREAS, she has given 50 years to St. Michael's Church, sewing altar
cloths and serving food at funerals,
and
WHEREAS, she has never picketed or protested for the poor, but instead has
continued to serve the needy in her own quiet way,
NOW, THEREFORE, do I, Charles M. Hooley, Mayor of the City of
Stillwater, declare this day, Saturday, September 24, 1994 as Mrs. George
(Louise) Schnell Day in the City of Stillwater.
*' ,~...~ -II
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