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Home My WebLink About1995-09-05 CC Packet ~ . ~ REVISED AGENDA** CITY OF STILLWATER CITY COUNCIL MEETING NO. 95-29 September 5, 1995 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator 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 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES _ August 15, 1995 Special and Regular Meetings, August 22, 1995 Special Meeting; August 23 Special Meeting. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclamation proclaiming Citizenship Day and Constitution Week. 2. Stillwater Area Chamber of Commerce - request for 1995 funding. 3. Jim Huntsman _ questions and comments regarding desigu review and process for Lumber Barons Hotel. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA * 1. Resolution: Directing Payment of Bills. (Resolution No. 95-183) 2. Resolution: Approving Change Orders for UBC Project 3. Contractors Licenses - S1. Ores Construction and Gary Teed Construction c:\wpdocs\agenda\905 CONSENT AGENDA (continued) 4. Installation of Banners - Fall Colors Art Festival; United Way Fall Campaign and Yule Fest - Trinity Church 5. Approving temporary 3.2 on-sale license - City of Stillwater Chamber of Commerce 6. Resolution: Approving part-time employment of Larry Buber! and Justin Opheim for transporting animals. 7. Resolution: Approving Change Order No.1 - 1995 Street Projects, L.I. 312 8. Installation of basketball court at Staples. ~ UNFINISHED BUSINESS I. Possible second reading of Ordinance No. 817 amending City Code by adding regulations regarding tanks used for storage of flammable liquids. 2. Resolution: Reapportionment and reassessment for Howe property (PID #9032-3025) NEW BUSINESS 1. Resolution: Assessment reapportionment - Norman property (PID #9032-2050) 2. Resolution: Establishment of no-parking areas on No. Owens Street 3. Resolution: Adopt proposed 1996 budget 4. Resolution: Adopt proposed 1996 tax levy 5. Request for Design Services for review of UBC Condominium Development 6. Resolution: Relating to financing of certain proposed projects and establishing compliance with IRS regulations. 7. Resolution: To acquire certain tax forfeiture parcels. 8. Resolution: Approving purchase of sweeper with trade-in. 9. BCWMO - 1996 Budget Request 10. Resolution: Approving On-Sale and Sunday On-Sale Liquor License - Grand Restaurants of Stillwater, LLC . PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS I. Elayne Aiple, Stillwater St. Croix Barge Terminal Co. 2. Complaint regarding retroactive sewer usage charges. 3. Neighborhood request to block portion of city street Sept. 30. 4. League of Minnesota Cities-notice of Regional LMC meetings. 5. Mayor of Anoka - notice of regional LMC meeting at Anoka. COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. ** Items in italics are additions to the agenda - c:\wpdocs\agenda\90S - e Ie . . CITY OF STILLWATER MEMO TO: Mayor and City Council ~p FROM: Diane Deblon, Finance Director DATE: August 30, 1995 SUBJECT: Christmas Lights Request BACKGROUND City Attorney Magnuson and I had an opportunity to meet with representatives of the Stillwater City Chamber of Commerce regarding the request for purchase of the Christmas lights and dec<?rations in the downtown. It was determined during the meeting that the approximate cost of storage, maintenance, insurance, hanging and removal of the Christmas decorations is approximately $2,500/year, and the organization is willing to assume the responsibility of the yearly costs. The organization does not have the funds to purchase the decorations ($25,900) and feels that entering into any repayment agreeinent for the purchase cost would compromise these future ability of the organization to continue to operate. ~ALYS~ From the city's perspective, if the organization is willing to commit in writing to the maintenance, etc. each year and the decorations have an expected life of 10 years, the total dollar commitment from the chamber ($25,000) would come close to a 50/50 cost-sharing arrangement with the city. Further, the purchase price of the decorations ($25,900) would be a TIF eligible expenditure, whereas the maintenance would not. RECOMMENDATION Therefore, I would recommend that the City of Stillwater pay for the purchase of the Christmas lights and decorations with funds from TIF District # 1 and enter into an agreement with the Stillwater City Chamber of Commerce for the storage, maintenance, insurance, handling and other incidental costs associated with the lights and decorations. DONALD L. BEBERG e CHIEF OF POLICE . TIMOTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M 0 RAN DUM FROM: D.L. BEBERG, CHIEF OF POLICE D!/ TO: MAYOR KIMBLE AND THE CITY COUNCIL DATE: SEPTEMBER 1, 1995 RE: ANIMAL TRANSPORTING. AND CELLULAR PHONE PURCHASE C O...N~t;J:~H_.A.9E NDA. LAST MONTH r ASKED FOR AND RECEIVED YOUR PERMISSION TO HIRE TWO PEOPLE TO TRANSPORT ANIMALS TO THE ST. CROIX ANIMAL SHELTER IN AFTON ON "OFF HOURS" (EVENINGS, WEEK ENDS ETC.). NEITHER OF THOSE TWO e PEOPLE ACCEPTED THE JOB. I AM NOW ASKING FOR PERMISSION TO HIRE LARRY BUBERL AND JUSTIN OPHEIM TO DO THIS J08. BOTH OF THEM ARE READY TO START AS SOON AS THE NECESSARY RESOLUTIONS ARE PASSED. THEIR PAY WOULD BE THE SAME AS REQUESTED BEFORE, $25.00 PER TRIP. S T AEE_-B.J::PPR I THE CELLULAR PHONE IN THE ADULT INVESTIGATORS CAR IS OUT OF SERVICE AND IS NOT WORTH REPAIRING AS THE POWER PACK HAS SHORTED OUT. THIS IS A USED "HARD WIRED" PHONE THAT WAS DONATED TO US. I AM ASKING PERMISSION TO REPLACE THAT PHONE WITH A PORTABLE CELLULAR PHONE AT A COST OF $280.00. WE HAVE MONEY IN THE "FRIENDS OF POLICE" PORTION OF THE BUDGET TO PAY FOR THIS. C95-64 e 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 . . . TO: FR: DA: RE: " MEMORANDUM Mayor and City Council Steve Russell, Community Development DirectorV September 5, 1995 OPEN SPACE CITIZEN ATTITUDE SURVEY I received the attached letter requesting suggestions for questions for the open space telephone attitude survey. When the city helped fund the study, the council was interested in the questions being asked. If you have any suggestions, let me know and I will pass them along to the open space committee. . . . , " Stillwater Area Citizens Open Space Committee September 1, 1995 Dear r1 ~ 2. tI t;..vl/ Our committee, the Stillwater Area Citizens Open Space Committee, is beginning Phase II of our open space inventory, the Citizen Attitude Survey. We've contracted with a highly respected survey company, Decision Resources, to craft the questions for a phone survey of Stillwater and Stillwater Township residents. The focus of the survey will be to determine resident interest in the preservation of open spaces and natural resources and methods of funding. With this letter, we are requesting your input regarding the questions to be included in this survey. The questions or concerns that you would like to see addressed are very important to us. We invite you to submit your ideas to our committee so that we can forward them on to Decision Resources staff. We would also like to invite you to attend a meeting with our committee and Decision Resources staff to discuss a rough draft of the survey. This meeting will be held on Wednesday, September 20, at 7:00 p.m. at the Stillwater Library. If you wish to participate in the development of the survey, please send us your written suggestions by Thursday, September 14 and indicate whether you will plan to attend the meeting on September 20. (You can send your ideas and meeting confirmation to: Todd King, 210 Wildwood Court, Stillwater, 430-0754). Thank you for your help. ~Jt2J~ , Enc. . . . 4 . Stillwater Area Citizens Open Space Committee Telephone Survey Suggestions Suggestions for the Citizen Attitude Survey: Please provide your written input, including questions and concerns you would like to see addressed. Will you attend the meeting on Wednesday, September 20th at 7:00 p.m. with our committee and Decision Resources staff? yes no Name Please return this form to: Todd King, Stillwater Area Citizens Open Space Committee, 210 Wildwood Court, Stillwater Thank you for your help! . . e STAFF REQUEST ITEM DEPARTMENT P i Ale /(5 MEETING DATE ~t'JA / --r7 5 /.9,,9.5- DESCRIPTION OF REQUEST (Briefly outline what the request is): 771 /ns7N// /9 8&-)'ke I..b.,-r// CoUR r 14 /" S/A-/J<t'J )../~/C/l, Ld~5r '/A,? AI2-f'A-" ;Th~ )"1,,e/( /?..,c.! Re (_ R.e.~ 7'10 ~ / ~.4~cj t.J tFU/ j ~/;A.." -7'-0 Se e A /f'4..~A ~r .J.+I / (OvR T LJ,.Jl, /9 H~? no I- ;C;"C"f' AP,!J(,JJ J ~ ~ ~~hh';5 ,. ./ \ UJQ tJ'://3d CJu + lolt 9t,,1o fe.s FINANCIAL IMPACT (Briefly outline the Co$'T, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Jl/kh~~ / /795 hJ/~~46'~ /h % UJ.tJ, tJ(1 a"CJ /11 fJ0;tlRouJ ~~~/ E'rV-'A " / ~e 6~fl yn~ft' CdS;? ~-r; OtJd cIJ- ADDITIONAL INFO~mTION ATTACHED: YESJL NO - ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY: ~~~- DATE: :?l' - ~ 9' .- .7' .;J- ~I~ 1.1 ! I i : ;~~ Iii i i ! !\ \)\) II i Ii I' I :" .~I I I I I ~ I I I I I I .' I ! I I I I I I I ! I I I I ' 1 \ I ~ Q -<; , I I , 1 I I : - I I i I I I i , \ I I I I f i I i I I ! , : I I I I I I I i ; I I : .1 I I ! ! I I I I I ! I I I I I I ; 111 ,I i II ~ Of PAl ~1111 ~ :: I I I I I I ' ! I Ibo' I ! I' ! '\ I l~~l f ~~~!71 II II I 'I I, I' I .' I. ,'.!! I I i I i.. I' ,1 i : i I -0/- df0t-f) 1 5" I 14.,1 ,d.':" i I I I _! __ ,1 HI ..,J I ! _ , . I i I I I I I , I I I i I I I lie V\ L .J!.L. I I I I -yAre I I I ! I I I I I I I I. IYJ ! /t14ef I I I \ I I i ! ~ i I , I I ~ I i I I I 0 ~ .~ I , .~ I oQ~ .~ v,~ ~ 0') ~ I I , j I I , . . I I /l I I I ! I t~! i ~~I ~ I ~~i . ~9i-(IQl I ~ i I ..571') I -'\. 1 "c-d f~ I I I () ~ ..... <0; i c;>r~ ~~; . I I : I 1 I -' ! I II I I I I I ! ., I I I. . . Special Meeting STILL WATER CITY COUNCIL MINUTES August IS, 1995 4:30 p.m. e The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon Police Chief Beberg Fire Chief Ness City Engineer Eckles City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Pete Smith, Dennis Vonasek, Jay Sleiter, George Olsen 1. Workshop - City Hall Building Project. Pete Smith ofBWBR presented the project. George Olsen, GWO Construction, provided information on cost. Motion by Councilmember Thole to approve option A with the addition of F2 and F3. Motion died for lack of a second. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt the appropriate resolution ordering the preparation of plans and specifications for modified Concept B for the City Hall Building Project. (Resolution 95-180) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None RECESS Council recessed at 6:10 p.m. until 7:00 p.m. e . . Stillwater City Council Special Meeting August 15, 1995 MAYOR ATTEST: CITY CLERK Resolutions: 95-180 - Ordering preparation of plans and specification for modified Concept B, City Hall Building Project e e . . Regular Meeting STILL WATER CITY COUNCIL MINUTES August 15, 1995 7:00 p.m. e The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon Police Chief Beberg Fire Chief Ness City Engineer Eckles Consulting Engineer Moore City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the minutes of the Regular and Recessed Meetings of August I, 1995. All in favor. OATH OF OFFICE 1. Carla Cincotta - Police Officer City Clerk Weldon administered the Oath of Office to Carla Cincotta, Police Officer. Police Chief Beberg introduced Officer Cincotta to the Council. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Dick Zimmerman - Fire Hydrant Issue Motion by Councilmember Thole, seconded by Councilmember Cummings to direct City Engineer Eckles and Fire Chief Ness to prepare comparison of cost estimates of installation of a fire hydrant at the Comer Store Shoppes if done before or if done after installation ofblaclctop and landscaping, and return to Council. All in favor. e . . Stillwater City Council Minutes Regular Meeting August 15, 1995 e OPEN FORUM Paula Kroening, 12480 North 72nd Street, asked about a time-line for completion of the Comprehensive Plan. Community Development Director Russell reported that two studies (sewer and utility costs, and fiscal impact) need to be completed. Mike Robinson, 2013 North 3rd Street, addressed Council regarding Resolution 93-191, Authorizing Street Acquisition. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the Consent Agenda of August 15, 1995, deleting Item 5, and including the following: (All in favor) I. Resolution 95-172 Directing Payment of Bills. 2. Resolution 95-173 Approving permanent employment of Margaret Seim as Secretary Dispatcher II. 3. Resolution 95-174 Approving permanent employment of Jennifer Bruner-Eddy as Secretary Dispatcher I. 4. Contractor's License Renewals. 5. Aeeepting Werk tmd Order Fiaal Payment te S.M. IIeatgeg fl::ftd Seag, Iae. 6. Purchase of flail mower - Parks Department. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt the appropriate resolution accepting work and ordering final payment to S.M. Hentges and Sons, Inc., L.I. 285, Southeast Area Utility Improvements. (Resolution 95-175) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None STAFF REPORTS Mayor Kimble reported that all governmental decisions have been made regarding the Highway 36 bridge crossing. The Metropolitan Council approved the TIF funding. The City of Oak Park Heights voted 4-1 in favor of the bridge layout on August 14. I. Finance Director - Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the increase in 1995-1996 fire contracts to 1994 Actual Cost Allocation amounts as follows: Grant 2 e . . e Stillwater City Council Minutes Regular Meeting August 15, 1995 Township, $76,010; May Township, $44,885; and Stillwater Township,$66,635. All in favor. 2. Police Chief - Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the replacement of the civil defense siren on the water tower at Lily Lake School. All in favor. Motion by Councilmember Thole, seconded by Councilmember Zoller to authorize the part-time employment of Bob Hamble and Dick Schmidt, alternate, to transport animals from the police garage to the Afton animal shelter during evening hours, at a cost of $25 per trip. All in favor. Motion by Councilmember Thole, seconded byCouncilmember Zoller to adopt the appropriate resolution approving the full-time employment of Davin Miller as Adult Investigator. (Resolution 95-176) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 3. Public Works Director - City Engineer Eckles reported that recent record rains are causing flood conditions in several areas (Long Lake, County Road 5 near Johnson Court). The City is ready to pump and is awaiting DNR approval. Mr. Eckles reported that A TEC has started a study at the old dump site and will complete the report in approximately one month. Councilmember Bealka reported that sand in the area of the Ann Bodlovick Apartments is causing difficulties for residents walking in the area. 4. Community Development Director - Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the request by Watson's Maytag Home Appliance Center to hold a tent sale at River Heights Plaza, August 17-21,1995. All in favor. (Council recessed the meeting at 8:00 p.m. and reconvened at 8:20 p.m.) e 3 . . Stillwater City Council Minutes Regular Meeting August 15, 1995 e 5. City Attorney - City Attorney Magnuson submitted a memo on Staff/Council relationships. He also submitted an update on conflictive interests in regard to the downtown hotel project. 6. City Coordinator- City Coordinator Kriesel submitted a memo on Lily Lake Weed Harvesting. UNFINISHED BUSINESS I. Update: Downtown Banners and Christmas Decorations City of Stillwater Chamber of Commerce representatives James Laskin and Kristin Klemestrud, and a representative from Display Sales addressed Council regarding banners and Christmas decorations downtown. Motion by Councilmember Bealka, seconded by Councilmember Cummings to direct City Attorney Magnuson and staff to develop agreement options with City of Stillwater Chamber of Commerce for purchase of downtown decorations. All in favor. Motion by Councilmember Bealka, seconded by Councilmember Thole to approve a request for $300 for the cost of hanging banners. All in favor. 2. Stillwater Area Chamber of Commerce - Request for 1995 funds - Motion by Councilmember Thole, seconded by Councilmember Zoller to table a request for funds from the Stillwater Area Chamber of Commerce until the September 5 meeting. All in favor. 3. Resolution Accepting Proposal and Approving Agreement - L.I. 315. Oak Glen 10th Addition Watermain Relocation- Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate resolution accepting the proposal and approving the agreement with C. W. Houle, Inc., for L.I. 315, Oak Glen 10th Addition, Watermain Relocation, contingent upon receipt of Agreement of Assessment and Waiver of Irregularity and Appeal. (Resolution 95-177) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None 4 e I . . e Stillwater City Council Minutes Regular Meeting August 15, 1995 4. Approval of Good Samaritan compliance with conditions of approval. petition and waiver for public improvements. and approval of Development Agreement Frank Rheinberger, representing Good Samaritan, requested landscaping be added as part of the improvement. Kenneth Schwalen, 620 West Wilkins, addressed Council on easement, drainage, and landscape issues. Joan Loer and Kenneth Schwalen questioned who has responsibility for maintenance of the easement and pond. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate resolution declaring adequacy of petition and ordering improvement, Good Samaritan, L.I. 317. (Resolution 95-178) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None Motion by Councilmember Thole, seconded by Councilmember Cummings to direct the City Attorney to amend the Development Agreement with Good Samaritan by adding landscaping as part of the public improvement and delete from the escrow amount. All in favor. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate resolution approving the agreement between the City of Stillwater and Good Samaritan of Stillwater, as amended. (Resolution 95-179) Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays - None (Council recessed at 9:15 p.m. and reconvened at 9:25 p.m.) 5. Update: Lumber Baron's Hotel Motion by Councilmember Zoller, seconded by Councilmember Cummings to direct City Attorney Magnuson and City Staff to prepare a report on project approval process and authority of boards and commissions, make recommendations, and schedule workshop. All in favor. e 5 . . Stillwater City Council Minutes Regular Meeting August 15, 1995 e 6. Levee Wall Project - Funding Issues- Motion by Councilmember Bealka, seconded by Councilmember Thole to direct staff to include the Levee Wall project funding issues in the 1996 budget discussions. All in favor. 7. ReapJ>ortionment and Reassessment for PID#9032-3025 Motion by Councilmember Thole, seconded by Councilmember Cummings to table the reapportionment and reassessment for PID #9032-3025 to the September 5 meeting. All in favor. NEW BUSINESS I. St. Paul Lutheran Church - Request for reconstruction of curb and gutter. Motion by Councilmember Cummings, seconded by Councilmember Bealka to authorize staff to proceed with engineering design, subject to St. Paul Lutheran Church agreement to cover engineering expenses. All in favor. 2. Coordinated public parking and housing development at UBC storage site. Motion by Councilmember Thole, seconded by Councilmember Zoller to schedule a workshop for Tuesday, August 29 at 7:00 p.m. with Gerrard Realty Corporation to discuss a proposal for public parking and housing development at the UBC storage site. All in favor. COMMUNICA TIONS/REQUESTS I. Wally Abrahamson. Washington County Board of Commissioners Invitation to a meeting with the Metropolitan Council regarding regional priorities on August 30, 1995 at 7:00 p.m. in the Washington County Board Room. 2. Metropolitan Council - Regional briefings on Metropolitan Livable Communities Act of 1995 Meeting notice for Council information. 3. City of Stillwater Chamber of Commerce. Jim Laskin. Government Relations - Request for contribution of$5.000 for general operations Council directed this item be included in 1996 budget discussions. 6 e . . e Stillwater City Council Minutes Regular Meeting August 15, 1995 4. Bill Fierke. Jr. - Lily Lake Improvement 5. Ronald and Kathleen Pi zinger - water levels in pond (2803 Interlachen Drive and Long Lake area). COUNCIL REQUEST ITEMS Councilmember Bealka asked about the status of installation of public parking signs downtown. City Engineer Eckles reported that the signs have been ordered and will go up within two weeks. Councilmember Bealka asked about the closing of the circle road in Pioneer Park and a request by the Stillwater Trolley to use the circle road. Council directed City Engineer Eckles to report back to Council on the need to block circle road and possible use by the Stillwater Trolley. Mayor Kimble stated that resident requested that the temporary stop signs at North William and Mulberry Streets be made permanent. Council directed the City Engineer to report back with recommendation regarding permanent stop signs at North William and Mulberry Streets. STAFF REPORTS (Continued) City Coordinator - Motion by Councilmember Bealka, seconded by Councilmember Cummings to authorize Public Works to sweep the VFW parking lot for a street dance. All in favor. ADJOURNMENT Motion by Councilmember Bealka, seconded by Councilmember Cummings to adjourn the meeting at 10:29 p.m. All in favor. MAYOR ATTEST: CITY CLERK e 7 . . Stillwater City Council Minutes Regular Meeting August 15, 1995 e Resolutions: 95-172 - Directing Payment of Bills 95-173 - Approving permanent employment of Margaret Seim as Secretary Dispatcher II 95-174 - Approving permanent employment of Jennifer Bruner-Eddy as Secretary Dispatcher I 95-175 - Accepting Work and Ordering Final Payment to S.M. Hentges and Sons, Inc., L.I. 285, Southeast Area Utility Improvements 95-176 - Approving full-time employment of Davin Miller as Adult Investigator 95-177 - Accepting proposal and approving agreement with C. W. Houle, Inc. for L.I. 315, Oak Glen 10th Addition, Watermain Relocation 95-178 - Delaring adequacy of Petition and Ordering Improvement 95-179 - Approving Agreement between City of Stillwater and Good Samaritan of Stillwater 8 e . . Special Meeting STILL WATER CITY COUNCIL MINUTES August 22, 1995 5:00 p.m. e The Meeting was called to order by Mayor Kimble. Present: Councilmembers Cummings, Thole, Zoller and Mayor Kimble Absent: Councilmember Bealka Also Present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Blacktopping Project on North Main Street Mayor Kimble explained a request he received from the owner of Valley Auto to have the City consider blacktopping the City's road easement area as well as the private parking areas adjacent to the roadway. It was anticipated that the owners ofthe adjacent properties would be assessed for their portion of the work. Motion by Councilmember Zoller, seconded by Councilmember Thole to direct staff to obtain a petition from the appropriate property owners requesting the City to conduct a Local Improvement for the blacktopping of the City's roadway easement area including the private areas. All in favor. St. Croix River Village Townhouse Proiect City Attorney Magnuson informed the Council that the City had received a letter from the attorney who represented the St. Croix River Village Townhome developers appealing the action of the City Planning Commission on the townhome project. Motion by Councilmember Thole, seconded by Councilmember Zoller to direct the Planning Commission to hear the matter of the appeal of the St. Croix River Village Townhome at the Planning Commission meeting of September 11, 1995 and to direct the City Attorney to notify the developer accordingly. All in favor. Schoonover Project Development Agreement I. City Attorney Magnuson presented the Council with the final draft of the development agreement related to the Schoonover Bodyworks tax increment financing project and requested approval of the agreement. . . Stillwater City Council Minutes Special Meeting August 22, 1995 e Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate Resolution approving the development agreement between the City of Stillwater and Schoonover Bodyworks. (Resolution 95-181) Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - None Semler Proiect Development A~reement ,W-v Motion by Councilmember Zoller, seconded by Councilmember~r to adopt the appropriate resolution approving the development agreement between the City of Stillwater and John and Kelly Semler. (Resolution 95-182) Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - None 1996 Bud~et Workshop City Coordinator Kriesel and Finance Director Deblon presented information related to the 1996 Budget including the requests from the various Department Heads. City Engineer Eckles, Parks Director Tim Thomsen, Community Development Director Russell, Police ChiefBeberg, Fire Chief Ness and Building Official Zepper were also present to explain their requests. Motion by Councilmember Cummings, seconded by Councilmember Thole to authorize staff to begin the process to purchase a new street sweeper at a cost of$llO,OOO. All in favor. Motion by Councilmember Thole, seconded by Councilmember Cummings to direct staff to develop an ordinance and procedure for establishing a storm water utility charge. All in favor. Motion by Councilmember Thole, seconded by Councilmember Cummings to conduct a joint workshop between the Council and the Planning Commission on the updated Comprehensive Plan as soon as possible after staff has obtained data/information necessary to finalize the plan. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Thole to direct staff to develop a plan to install security type lighting in appropriate areas of the downtown business district including Lowell Park and adjacent areas. All in favor. 2 e e e . . Stillwater City Council Minutes Special Meeting August 22, 1995 Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn the meeting at 10:35 p.m. All in favor. MAYOR ATIEST: ACTING CITY CLERK Resolutions: 95-181 - Approving Development Agreement with Schoonover Bodyworks 95-182 - Approving Development Agreement with John and Kelly Semler 3 . . Special Meeting STILL WATER CITY COUNCIL MINUTES August 23, 1995 5 :00 p.m. e The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka (departed at 6:30 p.m.), Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Library Director Bertalmio Press: None ReQ.uest to Renew Aiple Lease City Attorney Magnuson explained a letter the City received from Elayne Aiple requesting the renewal of the lease of the riverfront property by Aiple -Barge and Towing. The property had been leased from the City since 1958 and would expire in 1998. Motion by Councilmember Thole, seconded by Councilmember Zoller to direct staff to prepare a report including history and options regarding the Aiple lease property for review by the Council at its next regular meeting. All in favor. Continuation of 1996 Bud~et Discussion / ~ The Council discussed the Library b get request with Library Director Lynne Bertalmio. J?; Also, Finance Director Deblon City Coordinator Kriesel explained areas of the j Y,) budget that were not under the ntrol or supervision of other Department Heads. rf.. Council directed staff to adj the budget recommendations based on a three percent ~ increase in tax capacity fi Council review at the meeting of August 29, 1995. Recyclini Fee Increase Council discussed recycling fees that are presently charged to homeowners. Finance Director Deblon explained that the City subsidizes the recycling program by nearly $60,000 a year. Homeowners are presently charged $.50 per month for recycling. Motion by Councilmember Cummings, seconded by Councilmember Thole to direct staff to prepare an appropriate ordinance increasing recycling charges to homeowners to $1.00 per month effective January 1, 1996 for a first reading at a future regular City COl!Ilcil meeting. All in favor. e ",.. .. e e . . Stillwater City Council Minutes Special Meeting August 23, 1995 Amundson Property City Coordinator Kriesel presented the results of the market value appraisal of the property near Stonebridge Elementary School which Council is considering purchasing for park land. Mr. Kriesel recommended negotiating with the property owner to purchase the property based on the appraisal. Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct the City Coordinator to make an offer to purchase the Amundson property based on the appraisal obtained on the property. All in favor. Adjournment Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 9:50 p.m. All in favor. MAYOR ATTEST: ACTING CITY CLERK . . '. ~~ Special Meeting STILL WATER CITY COUNCIL MINUTES August 23, 1995 5:00 p.m. The Meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka (departed at 6:30 p.m.), Cummings, Thole, Zoller and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel, City Attorney Magnuson, Finance Director Deblon and Library Director Bertalmio Press: None Request to Renew Aiple Lease City Attorney Magnuson explained a letter the City received from Elayne Aiple requesting the renewal of the lease of the riverfront property by Aiple Barge and Towing. The property had been leased from the City since 1958 and would expire in 1998. Motion by Councilmember Thole, seconded by Councilmember Zoller to direct staff to prepare a report including history and options regarding the Aiple lease property for review by the Council at its next regular meeting. All in favor. Continuation of 1996 Budget Discussion The Council discussed the Library budget request with Library Director Lynne Bertalmio. Also, Finance Director Deblon and City Coordinator Kriesel explained areas of the budget that were not under the control or supervision of other Department Heads. ~ouncil ~irected staf~!?a~~!~~Q"~~tf~gg~"~,Il~~U9~'~~~~c,~~,a~ee percent. mcrease m tax capacIty.. ."~~g me tm&1tn2 Improvemtt\f~t<>r CouncIl review at the meeting of August 29, 1995. Recycling Fee Increase Council discussed recycling fees that are presently charged to homeowners. Finance Director Deblon explained that the City subsidizes the recycling program by nearly $60,000 a year. Homeowners are presently charged $.50 per month for recycling. Motion by Councilmember Cummings, seconded by Councilmember Thole to direct staff to prepare an appropriate ordinance increasing recycling charges to homeowners to $1.00 per month effective January 1, 1996 for a first reading at a future regular City Council meeting. All in favor. Stillwater City Council Minutes Special Meeting August 23, 1995 Amundson Property City Coordinator Kriesel presented the results of the market value appraisal of the property near Stonebridge Elementary School which Council is considering purchasing for park land. Mr. Kriesel recommended negotiating with the property owner to purchase the property based on the appraisal. Motion by Councilmember Cummings, seconded by Councilmember Zoller to direct the City Coordinator to make an offer to purchase the Amundson property based on the appraisal obtained on the property. All in favor. Adjournment Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn the meeting at 9:50 p.m. All in favor. MAYOR ATTEST: ACTING CITY CLERK . . .1 e City O~ g tiQQwatelt, uUlnnegota cP ltocQamation WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and WHEREAS, it is important that all citizens fully understand the provisions, pdnciples and meaning of the Constitution so they can support, preserve and defend it against encroachment; and WHEREAS. the Bicentennial of the Constitution provides an historic opportunity for all Americans to learn about and to reflect upon the rights and privileges of ciizenship and its responsibilities; and WHEREAS. the President and the Congress of the United States have designated September 17 as Citizenship Day and the week of September 17-23 as Constitution Week; and WHEREAS. the people of the City of Stillwater do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it; NOW THEREFORE. I. JAY L. KIMBLE. as Mayor of the City of Stillwater, in cooperation with the Commission on the B~centennial of the United States Constitution. do hereby proclaim September 17 as Citizenship Day and the week of September 17-23 as Constitution Week, and invite every citizen and institution to join in the national commemoration. e In witness whereof. on this 5th day of September, 1995, I have hereunto set my hand and caused the seal of this city to be affixed. #~ uUayoll ~4af m4t QInusfifutinu c.ittaus mn 'Inu It establishes for you a stable and responsible government. It makes you a citizen of the United States, if native born. It gives you citizenship, if foreign born, on complying with liberal naturalization laws. It allows you a voice in the government through the officials whom you help to elect. It guarantees you life, liberty and the pursuit of happiness. It defends your rights even against the government itself. It makes you equal with all men before the law. It confirms your religious freedom, and liberty of conscience. It accords you free, lawful speech. It guarantees you together with all people the right of peaceable assembly.. . It permits you to petition the government to right your wrongs. It guards your property rights. It prohibits the government from taking your property without due process of law. . It lets you hold any office in the gift of the nation for which you are qualified. It enables you to become a citi- zen of any state. It prevents you from being held to answer to a: complaint unless you have been lawfully accused. . It insures your right of trial by jury of your fellow men. It grants you the right to habeas corpus, that is, the right to know why you are held a prisoner. It assures you a speedy trial. It permits your having counsel for defense. It prevents your being tried again if once acquitted. It permits you to have a trial in the state and district in which you may be charged with an offense against the laws. It lends you the power of govern- ment to compel witnesses to appear in your behalf. It relieves you from compulsion to testify against yourself. It forbids excessive bail. It forbids excessive fines or cruel punishment. It protects you from slavery in any form. It keeps any state from depriving you for your constitutional rights. It sanctions your bearing arms for the protection of your life and home. It secures your home from search except by lawful warrant. It guarantees you that the legal obligation of contracts shall not be impaired. It permits you to participate in amendment of the Constitution from time to time. -The National Republic. . THE CITIZEN'S RESPONSIBILITY This Republic is as much endangered today by the indifference of millions of people, inheritors of the traditions and opportunities of this greatest of all nations,. to their own duties and responsibilities, as it is by the activities of the open and secret enemies of American institutions. Half of our citizens do not even take the trouble to vote. Most of the remainder consider their duty to their country discharged when they have cast their ballot and go about their business during the intervals between political campaigns, giving lit- de or no thoughts to the national welfare. Elements antagonistic to American institutions are not so indifferent or so idle. They are ceaselessly at work, in the open and under cover. They are never off the job of undermining the faith of the people in their country, in spreading unrest, in arousing discontent, envy and hatred-those passions out of which violent revolu- tions are fashioned. George Washington expressed_ the hope that the United States of America would not follow "the usual course of nations." The usual course of nations has been that of the tide in its daily movements-to rise and then fall. This national cannot escape the usual fate of governments except through the vigilance of its citizens. It is human nature to take an inheritance for granted, to accept it as a matter of course, to deem it unnecessary to defend that which others have fought for that it might be ours. And so, with many voices raised in criticism of American institu- tions, American traditions and American ideals, few think it worth while to call attention to the incalculable value of these institutions. traditions and ideals. How is a new generation to learn that there is anything worth while in them? To fight for one's country when its life is threatened by violence is noble and heroic; to stand up for it in peace time is a virtue quite as necessary. And unless there be such virtue in citizenship, our traditions will be forgotten, our ideals neglected and our institutions will crumble. What is more important to every citizen of this Republic than the perpetuity of the institutions which protects his life, his liberty and his propenyl What is of more priceless value than the national ideas and traditions which have given this nation. its proud place in history? Yet how little thought the average man or woman gives to this most vital of all questions affecting the most previous things in life! Institutions and governments do not preserve themselves. They can be preserved only by the vigilance of those to whose guardianship they have been committed. Upon you, as a citizen of the Republic, rests a responsibility which cannot be shirked without danger to your country. Its future is worth something to your thought, so much of which is given to matters of less moment. -The National Republic. "* "* NATIONAL Soc1E1Y DAUGHTERS OF THE AMERICAN REvOLUTION 1176 D Snlm", N,W" WASHINGlON, D,C, 20006-5_ ~ e . . MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Lumber Barons Hotel project (processes) DAlE: September 1, 1995 Mr. James Huntsman has asked to be placed on the agenda to discuss certain issues related to the construction of the Lumber Barons Hotel. Mr. Huntsmans letter to the Council dated July 25, 1995 details the issues Mr. HWltsman wants to address. I thought that this matter was somewhat resolved between the Council, Heritage Preservation Commission (HPC), the Planning Commission (PC), developers and staff. I refer to the attached memorandum submitted by the City Attorney and discussed at the meeting of August 15, 1995. I also refer to the meeting that was held between the HPC, PC, Councilmember Zoller and City Attorney whereat the aforementioned resolution was made. At the meeting of August 15, 1995 the Council determined, after considering the report submitted by the City Attorney, that a workshop should be held with the various Commissions. The workshop would be used to examine the process, related policies, ordinances, authorities, etc., related to issues like this to better understand the process and to "clean up" any problems related to the process. Therefore, I believe Mr. Huntsman's concerns, questions, etc., have or will be addressed thru this further process. /JjJt ~GNUSON LAW FIRM · LICENSED IN MINNESOTA AND WISCONSIN / e THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODlE AR\'OLD JODI JA.'TZ TO: Mayor, City Council and Staff 216 North 4th Street Stillwater, MN 55082 FROM: David T. Magnuson RE: Downtown Hotel Issues DATE: August 11, 1995 THE PROBLEM When construction of the Lumber Barrons Hotel began in the spring of 1995, members of the public and members of the Design Review Committee raised concerns that the hotel being built was different from the one that had been approved for building by the City. The Council asked for a report from me with regard to the adequacy of the existing ordinances and the adequacy of the enforcement in place of contracts and permits. BACKGROUND In the first week of July 1994 both the Design Review Committee and the Stillwater Planning Commission gave approval of a Special Use Permit for a forty-eight room hotel that would have been built north to Myrtle Street and provided for the renovation of the Lumberman's building. This action took place by the Heritage Preservation Committee on July 6, 1994 an\:l by the Planning Commission on July 11, 1994. Shortly after these permits were given however, the City received a letter from Public Resource Group, Inc. a copy of which is attached setting forth that the Developers had reviewed the plans with an architect as the project related to costs and the forty-eight room motel was too expensive. They suggested they could only build thirty-six hotel suites immediately, and fill out the balance of the property when cash flow permitted. Thereafter, on July 24, 1994, the Developers furnished a pre-application form for tax increment financing assistance and this document contained a scaled down version of the hotel. Thereafter, the City Council reviewed the entire project on August 9, 1994. This meeting was scheduled specifically for the purpose of reviewing the fmancial requests that the Developers had made but it became a general review at a workshop setting, and the City Council reviewed not only the thirty-six room hotel, but also the scaled down version shown on the plans submitted by the Developers with their Tax Increment application. Although the plans that the City Council were different from those approved by the Design Review Committee and the Planning Commission, the plans were not referred back to these commissions for consideration. .e- . . When the City Council took final action on the sale of the property on January 17, 1995, the City Council certified by resolution that the plans had been approved however, no specific reference was made to which plans were being considered as approved. The Developers considered that the plan submitted and approved by the City Council on August 9, 1994 at their workshop were the approved plan and designs. The Planning Commission and the Design Review Committee, the official bodies charged with review of the design, had taken no action with regard to the design since their meetings of early July of 1994. e The process could have perhaps been squared up during the spring of 1995 when the building plans were presented for the necessary building permit. The building plans however, were not compared with the approved design and a building permit issued. The Design Review Committee however, took action on June 5, 1995 and again on July 11 and again in August at the recent meeting to approve the design changes, but they did so reluctantly feeling somewhat pressured to approve the changes in view of the construction being nearly complete. PROBLEMS WITH THE PROCESS 1. On August 9, 1994 when the City Cou"ncil considered and took action on a set of plans showing a change design, the Special Use Permit and Design Review Permit should have been referred back to the Planning Commission and Design Review Committee for action. 2. When the City Council construed that the plans were complete and approved on January 19, . 1995, a clear indication should have been made to the Council with regard to the specific plans. The staff reports only assured the Council that the designs and plans had been approved and that all conditions precedent to the sale had been satisfied. . 3. The plans presented in the application for a Building Permit should have been reviewed against the approved design before a Building Permit was issued. RECOMMENDATIONS FOR CHANGE 1. The authority of both the Planning Commission and the Design Review Committee should be made more clear and the procedures for dealing with both of these committees should be better refined. 2. Whenever a development contract is envisioned that relates to a project such as this, specific approvals by the various committees should be required as conditions of the contract and failures of these conditions should be grounds for default. 3. A precise definition both for ordinance purposes and development contract purposes should be developed for "plans". A sketch plan is much different than a construction plan and the word should not be used without being defined. 4. The ordinances and the development contracts should be clear with regard to an agent of the City that is authorized to accept plans. The documents in place now are referred to plans filed with the City but this could mean the Building Inspector, the Community Development Director or the City Clerk. 5. A check off procedure should be developed so that all required departments check off on buildings plans before a building permit is issued. e /. . f \ . . July 28,1995 e Mayor and City Council City of Stillwater, Minnesota 216 North 4th St. Stillwater,~ 55082 Re: SUP/94-39 to St. Croix Preservation Co., Inc. Mayor and City Council: Introduction Since I decided at the last minute to appear at the City Council's July 18, 1995 meeting under the open forum part with my concerns and issues regarding the process leading to the significant changes to the originally approved design of the proposed hotel, restaurant, and meeting center ("center") at 127 S. Water Street to be developed and operated by the St. Croix Preservation Co., Inc. ("SCPC"), and since the Council was not prepared to address and respond to those concerns and issues, this letter sets forth those concerns and issues so that the Council can respond. The expression of my concerns must not be construed that I disapprove of the project per se. On the contrary, I favor it, but I would like to see such a dominant downtown building have a high quality, historic-appearing, exterior architecture. The fundamental issue I raise to the Council is whether due process, especially Ch.31, Subd. 29,30, was complied with for this project to-date. Though I might not like the outcomes of the due process, I am concerned only that due process was followed. Therefore, I would like to reiterate the process that has taken place thus far from my perspective so that a due process determination can be made. The validity of the information herein is subject to the validity, completeness, and currency of the public documents used, which might be superseded by other documents unknown to me. The Development Approval Process On or about July 6,1994, the SCPC submitted preliminary plans to the City's Heritage Preservation Commission ("HPC"), case # DR/94-7 for a design review permit for its proposed 48-room center under City Code Ch.31, Subd. 29,30. The exterior architectural design of the new addition was approved essentially as submitted. There were nine (9) conditions of approval (Ex. 1). In particular, condition 4 requires that the project accommodate 48 hotel rooms and that any changes affecting the hotel's design will require design review. Condition 7 requires that "The building line on the Myrtle Street face shall be the same as presently exists (in Hooley's grocery store) and there shall be no canopy as presently exists." (emphasis added). On or about July 11,1994, the SCPC submitted the same preliminary plans to the City Planning Commission ("CPC"), case # SUP/94-39, for a special use permit under City Code Ch.31, Subd. 29,30 for construction of a 48-room hotel, bar/restaurant, and conference center. The CPC approved SUP/94-39, subject to eight (8) conditions (Ex. 2). In particular, condition 4 requires that "All design review conditions of approval shall be met." e During fall 1994, a development contract between the City and the SCPC was negotiated and entered into. In January 1995, SUP/94-39 was issued to SCPC, with the conditions of approval of both the CPC and HPC expressly included. SCPC President Duane Hubbs accepted SUP/94-39 on January 4,1995, expressly accepting all the conditions of the SUP set forth therein (Ex. 3). . . ~ During March and April 1995, construction plans were submitted to the City's staff for a building permit. To the best of my knowledge, these construction plans did not comply with the SUP/94-39's conditions of approval in that (1) only 42 hotel rooms a hotel were to be built instead of 48; and (2) the building line on the Myrtle Street face . was not the same as existing. when the SUP was issued and accepted. Based on measurement from the new plans, the new addition's north building line was to be about 50 feet short (i.e., south) of that required. This length reduction presumably accounts for the fewer number of rooms. A building permit was apparently issued because cement foundation and footing work took place during May 1995, according to the City's inspection sheets. The SCPC presented its changed plans to the HPC for review on June 5, 1995. I did not attend this meeting to comment on the proposed changes because I did not know it was on the agenda. I comment further on this point later. The plans had significant architectural changes from the plans submitted in July 1994, in addition to the reduction in number of rooms and building length. Comparing the original, approved design of the west elevation of July 1994 to the changed west elevation of June 1995, the following architectural design features had apparently been deleted: the pediment at the center of the east and west parapets; brick dentils just below the roof line and above the first level; two limestone capitals in each 3-story pilaster; recessed porches/balconies with solid brick "railing"; corbel bricking under the third story, recessed balconies; transom windows above each suite's patio doors; limestone columns on each side of 16 suites' patio doors; large glass "wall panels" along the street level, with divided-pane light transoms above each and limestone sill below; and an interior fire escape in the northwest comer. Approximately fourteen-foot (14') wide, projected, cantilevered wood decks, wrapped in cedar wood, and with wrought iron railings have replaced the recessed brick balconies. The addition's width has been reduced by about seven (7) feet. The six windows in the west elevation of the "transition building" (short section between the Lumberman's Exhange and new addition) originally with historic capital and ledge-sill design have been changed to four without any apparent historic architectural top and bottom design treatments. A comparison of the north elevations shows a similar elimination of the brick dentils, limestone pilaster capitals, several ground-level panel windows, and second and third floor window capital & sill detailing. The added exterior fire escape likely accounts for the removal of the ground bay windows. The HPC imposed several conditions of approval on these new plans. I am disappointed that such considerable changes were reviewed without there being better notice for input from Stillwater's citizenry at large. Even if I had seen the June 5 agenda before the meeting, it indicated the review was only informational, not for formal modification approval. It is my understanding that on July 24, the HPC submitted to the City Council an explanation of their June 5, 1995 meeting regarding these changes. In early July, a member of the HPC approached me, expressed concern about the significant changes and the process that was occurring, and asked for my opinion on the architectural changes in the plans as a citizen interested in and concerned about historic building architecture in Stillwater. In my layman's opinion, the historic _ architectural design had gone from very positive to ordinary, with little historic ,., I architectural detailing. 2 '- . . , e At the City Council meeting of July 11,1995, when Councilman Bealka inquired about . the number of rooms being constructed, Mr. Duane Hubbs stated that a ~-room hotel was being built. To me, that suggests noncompliance with SUP/94-39's condition of approval of 48 rooms. However, under Section 4.3 of the contract, the SCPC has until October 1996 to complete construction. While the SCPC is not required to develop all 48 rooms at once, I ask now whether approved constructions plans must comply with the condition of approval to at least potentially accommodate 48 rooms when completed before a building permit is issued. I don't know the answer because a clear answer is not apparent to me from the City's zoning code. I also feel the City should have some definitive and binding assurance that the existing 50' "gap" on the north will be developed as agreed to. On July 18, I decided to appear before the Council to present these circumstances in hope that the City would take action to provide better oversight and to better solicit public opinion when such drastic changes in a project are proposed. During my presentation, I believe Steve Russell, the Community Development Director, stated that the changes submitted at the June 5 HPC meeting were required by Charles Nelson, Historic Architect of the Minnesota HPO, and that the HPC and CPC were the decision authorities for the project. To ensure the accuracy of Charles Nelson's comments on the changes, I discussed the necessity of all the architectural detailing changes with him on July 26, 1995. He stated the only absolutely required changes were lowering the height of the transition building and avoiding duplication/replication of the architectural detailing of the Lumberman's Exchange building in the new addition. Aside from those, the original design of the new addition submitted in July 1994 would be acceptable and would not jeopardize the Lumberman's Exchange tax. credit eligibility. However, he strongly suggested not to use brick dentils because they represented inappropriate architectural detailing for the addition's style. Instead, he recommended brick or masonry corbeling. Also, the east and west roofs' curved pediments should be replaced with a rectangular or stepped-rectangular design because they were too similar to that on the Lumber- man's Exchange. They were not required to be deleted. Also, the window treatments of the addition's north face and transition building's faces in the original design should not duplicate the historic window detailing in the Lumberman's Exchange. Again, however, the use of different, but still historic-appearing, capital and sill window detailing is quite permissible. Due Process Involved e I will now explain why I believe proper due process of law was not totally followed for this project. Under City Code Ch.31.29(8) both the HPC and CPC have authority to impose conditions of approval. Under Ch.31.29(9) a public hearing is not expressly required for a design review permit, but Ch.31.29(9)(g) gives discretion to the City's Community Development Director ("CDD") to require a public hearing for a design review permit. Not requiring a public hearing on the design of this project requires a judgment that the block-long, 3-story center was not of even potential overall communi- ty concern. I seriously doubt that is true. Because the exterior design of large, downtown buildings is generally at least as impacting to the general public as variances in setbacks are to immediate neighbors, and variances require a public hearing, I strongly urge the City Council to amend Ch.31.29(9) to expressly require a public hearing for design review permits. This mechanism will at least publicly notify the citizenry when the design of projects of concern will be addressed by the HPC so 3 . . that they can decide whether to attend. Alternatively, the City should publish the agenda of the HPC meetings in the local newspapers. Otherwise, people have to visit City Hall every month to see the agenda, which is inconvenient. In any case, a public hearing was not required and not held for the July 1994 HPC design review meeting when the original plan was submitted. However, a public hearing of the HPC's June 1995 review of the major modifications in the plans should have been required under Ch.31.29(17)(b). The requirement therein of a public hearing has no qualification as to type of permit as in Subd. 29(9). Because the proposed changes would violate two conditions of SUP/94-39, it cannot be seriously contended that Ch.31.29(17)(a) applies. More important is whether, because the SCPC's proposed plan changes submitted to the HPC's June 1995 review would potentially violate two conditions of approval of SUP/94-39, due process requires the SCPC also to submit an application for Use Permit Modification under Ch.31.29(17)(c), or are approved design changes automatically incorporated into a SUP without review again by the CPC? Again, I don't know the answer, but I think this procedural question should be addressed, resolved, and incorporated as a code amendment so that it will be clear for future applications. As to the CPC having final decision authority on SUPs as Mr. Russell claimed, the CPC nearly always has final decision authority for a CUP or SUP under Ch.31.29(13)(chart). However, there is an exception as provided in footnote (1) whereby the City Council should have had final decision authority on SUP/94-39 because the center is in the City's flood plain district, i.e., Zone A10. If true, then the City Council should have had to approve SUP/94-39 after approval by the CPC. Finally, if the City has knowledge that a permit is not met or complied with, then under Ch.31.29(16), the City must give formal notice to the applicant. A request to do so by a concerned citizen should not be necessary because the language implies it is self-executing. If, after deliberating all the above, the Council feels something is awry about the construction of the project, I hope it will act to meet and resolve any differences with the SCPC as soon as possible to avoid delaying the project. Personally, I am not insistent that all the original detailing as proposed be retained, but retention of the visually significant detailing would be highly desirable. Any added costs would be offset by an increase in the value of the property. In any case, I hope the City Council will modify the permit approval process to ensure better communication among all parties, especially citizens, in the future. Sincerely, (2. I/~~_y,- ~..) James R. Huntsman 416 S. 4th St. Stillwater, :MN 55082 4 /' t e e PLJING APPLICATION REVIEW · Case No. DR/94-7 ttpc Date: .. July 6, 1994 Project Location: 127 South \Vater Street Zoning District: CBD Comprehensive Plan District: Central Business District Environmental Review: Exempt Applicant's Name: St. Croix Preservation Company Type of Application: Design Review Permit Proiect Descriotion Design Review for a hotel, conference center and restaurantllounge. Discussion The request is to restore the Lumberman's Exchange Building and add a conference centerlhotel to the structure. The Lumberman's Exchange Building, constructed in 1890, was directly associated with Stillwater's lumbering industry and is the main visual focus of this project The building will be restored according to the Secretary of Interior Standards for Rehabilitation. The addition will be a clear separate element and a product of its own time. The plan, as shown on the elevation drawings, were reviewed by Charles Nelson, historic architect of the State Historic Preservation Office along with the developer and City staff. Modifications will be made to the drawings as required. They will be described in review of each elevation. The overall concept of the addition will be to use similar brick material and recall the scale and proportion of the Lumberman's Exchange Building. Westf\Vater Street Elevation The west elevation shows a restored Lumber Exchange Building. The window openings on the second and third floors have been returned to their original configuration along with the 2 over 2 windows. The storefront will also be returned back to its original state. After review by Mr. Nelson, it was indicated that all the door openings would not be needed since the facade was removed from its state. Modifications to this elevation will be to omit three of the five door operungs. e Ex.1 . . , . e The new structure shows a series of bays and columns extending the three stories. Eac.h suite will have a balcony. The first floor facade will combine or remove some of the series of MO small bays ~i.thin the large bays of the first floor levels because of the interior uses. North Elevation: The north elevation recreates the Lumberman's Exchange Building. This will be modified so it will be product of its own time to include a series of small, more modem windows within the same rhythm. East Elevation: The east elevation will replicate the Water Street elevation with the suggested modifications. South Elevation: The south elevation will be~ again, the restored Lumbennan's Exchange Building. No landscape plan for the hotel or the parking lot have been submitted and will need to be completed. Conditions of Approval 1. Any signage will be submitted for design review. 2. A landscape plan for the parking lot shall be submitted for design review and be consistent v,ith the Lowell Park Plan. 3. A landscape plan for the building site shall be submitted for design review. 4. The design of the project accommodates 48 hotel units, and changes which will affect the design of the hotel will require design review. 5. The HV'/AC units shall not be visible from the street. 6. No large antennas shall be viewed from the street. 7. The building line on the MyrJe Street face shall be the same as presently exists and there shall be no canopy as presently exists. 8. All clear glass shall be used. 9. The window frames shall be wood or a material which, visually, resembles wood. Heritage Preservation Commission Recommendation Approval as conditioned. Findings The proposal meets the intent of the Secretary of Interior's standards for rehabilitation, the Preservation Ordinance and the Downtown Design Guidelines. e 2 . PLANNING APPI..ICA TION REVIEW Case No. SUP/94-J9 . _I a nnimz Commission Date: Jul\' 11. 1994 - . . . Project Location: 127 S. \Vatcr Street Zoning. District: Central Busines$ District Applicant's Name: St. Croix Preser'\"ation Company Type of Applic:ltion: Special Use Permit Project Description A special use permit for the construction of a 48 - room hotel, bar/restaurant and conference center. DisclL~sion The proposal is to construct a 48 unit hoteVconference center/restaurant The Lumberman's Exchange building. will be restored, the grocery store building will be demolished and a new structure will be constructed to compliment the Lwnbermanis Exchange building. ,The Heritage Prescryation Commission reviewed the design elements of the project and recommends approval. The design re'\;ew statT report and conditions of appro'val are attached. The parking demand for the project is 163 parking spaces. This demand is based on the total number of guest rooms plus 1/2 the demand for the conference center and hotel since they are shared facilities. The old grocery store parking lot can accommodate 64 spaces which lea\'es an urunet need of 90 parking spaces. The river lot between Chestnut and Mulberry can accomm0date approximately 90 parking spaces and the Mulberry Street lot can accommodate between 80 - 100 spaces and the Brine's, River, and Main Street public lots can accommodate approximately 200 parkers. The main parking demand for this area will be for the conference center during the week. The Parking Commission will review the proposal and their comments incorporated into the "conditions of approval". The entrance to the hotel facility is on the comer of Chestnut Street and Water. This location is the most prominent visual location, but traffic circulation may be a problem. \Vater Street can accl1rmnodate three lanes of traffic north of the Lumberman's Exchange building. The applicant has indicated that valet parking will be available for hotel guests. The City Engineer is re\iewing the traffic situation. e ~x. C1. . . Findinis The proposnl meets the intent of the Zoning District. Recommenckttion Approval as conditioned. Conditions of Approval 1. All trash receptacles shall be located inside the building. 2. All habitable spaces and mechanical equipment shall be located one foot above the 100 Y~'lr flood plain. 3. On Water Street. the drop-off area shall be designed to accommodate three lanes of traffic. 4. All design review conditions of approval shall be met. Any major changes to the design shall be reviewed by City staff and possibly the Design Re'\<iew Committee. 5. The parking lot to the north shall be improved. (paved. mnrked, landscaped, and new lights) 6. The City Engineer shall review and comment on traffic circulation. They \"ill be incorporated into the "conditions of approval". 7. The Pllrking Commission shall review llnd comment on the parking program. They \\-ill be incorporated into the "conditions of approval". 8. Hotel. resburant. and conference center employees shall participate in the City parking pennit program and park in the designated City long-term parking lots. Attachments Packet ". e e ~ '. . ~u~~~ . Case No.: SUP/94-39 Permit Fee: Date Fee Paid: 5-27-94 CITY QF STILL WATER e ZONING USE PERiVlIT Certificate of Compliance Rezoning Sign _X_ Special Use Permit Variance Conditional Use Amended Planned Unit Development Grading Other Applicant: St. CroLx Preservation Address: 306 West Olive Street City/State/Zip Code: Stillwater, MN 55082 Property Description: 127 South Water Street 11999-2100, NP R Y CO LEASE #211866 STILLWATER CITY CHG CODE 8 4-6-84 EXC 11999-2105 CHG CODE 5 6/15/84 & 99908-0500 Zone District: Central Business District Permitted Use: Construction of a 48 - room hotel, bar/restaurant and conference center at 127 South Water Street. Conditions of Approval: 1. All trash receptacles shall be located inside the building. 2. All habitable spaces and mechanical equipment shall be located one foot above the 100 year flood plain. 3. On Water Street, the drop-off area shall be designed to accommodate three lanes of traffic. 4. All design review conditions of approval shall be met. Any major changes to the design shall be reviewed by City staff and possibly the Design Review Con:unittee. 5. The parking lot to the north shall be improved. (paved, marked, landscaped, and new lights) 6. The City Engineer shall review and comment on traffic circulation. They will be incorporated into the "conditions of approval". 7. The Parking Commission shall review and comment on the parking program. They will be incorporated into the "conditions of approval". 8. Hotel. restaurant, and conference center employees shall participate in the City parking permit program and park in the designated City long-term parking lots. ~ Ex.3 -. " . . ... ;I Conditions of Approval 1. Any signage will be submitted for design review. 2. A landscape plan for the parking lot shall be submitted for design review and be consistent \~ith the e Lowell Park Plan. - 3. A landscape plan for the building site shall be submitted for design review. 4. The design of the project accommodates 48 hotel units, arid. changes which will affect the design of the hotel will require design review. 5. The HV/AC units shall not be visible from the street. 6. No large antennas shall be viewed from the street. 7. The building line on the Myrtle Street face shall be the same as presently exists and there shall be no canopy as presently exists. 8. All clear glass shall be used. 9. The window frames shall be wood or a material which, visually, resembles wood. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. ((),,~-'--' tJ~ o:~;:p;;;; ate ~4~L Community Development Director /- ~-9~ Date e . . I. , LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 95-183 AT&T A T & T Wireless Abbott Paint Albrecht Filter Service Amdahl, Chris American Ban k Ameridata Ancom Communications Anderson, Ronald Aspen Equipment Company Aspen Mills Board of Water Commissioners Bryan Rock Buber! Landscaping Burmaster, Russell C D P Imaging Systems Century Labs Chaves, Nicholas Chemsearch Clarey's Safety Equipment Comp USA Copy Cat Courier Croixland Excavating Cummings, Richard Deblon, Diane Desch, Mark & Gloria Drummond Corporation Equipment Supply Fire Instructors Association Franklin Quest Glaser, Paul Goodwill Industries Greeder Electric Historical Research Inc J J C Recycling Jim Hatch Sales Junker Sanitation Ken's Roofing Knox, Wanda Kriesel, Nile Labor Relations Lake Management League of MN Cities Legislative Associates Lenfer Tranmission Company Magnuson, David Minn Comm MN Conway MN Dept of Transportation Motorola Long Distance Mobile Phone Paint-Lowell Park Gazebo Filter Disposal Locks/Rekey Squads Paying Agent Fees Computer Memory Batteries Air Conditioner Compressor Engine Repair Uniform Sidewalk Crushed Rock Topsoil Janitorial Services Copier Repair Sewer Deodorizer Steel Toe Boots Auto/Floor Brush Helmet Ratchets/Smoke Fluid Software Training-Fitzgerald Blueprints Legal Publications Clean Storm Sewer Food - Boards/Commissions Picnic Health Insurance Parking Lease/Maintenance Disinfectant Service Call Manuals Filler-Planner Boiler Engineer Recycling Electrical Repairs Research Recycling Sheers/Gloves Garbage Bags Sold Refund-Building Permit Refund-Parking Permit Meals/Mileage Professional Services-Pay Equity Algae Control Insurance Claim Monthly Retainer Transmission Repair Legal Services Pager Service Hydrotest SCBA Tanks Concrete Inspection Service Agreement 146.25 60.13 100.02 50.00 410.97 3,333.30 259.86 181.79 100.00 479.25 31.86 142.50 40.13 12.78 350.00 186.37 672.28 72.00 269.97 357.05 155.00 77.31 28.70 155.00 15.48 354.31 742.30 218.03 282.15 67.97 39.14 200.00 144.41 997.00 2,500.00 12,098.05 273.83 212.50 120.25 25.00 147.55 280.00 710.00 40.00 500.00 150.70 12,208.74 18.37 244.23 8.92 204,52 North Memorial Medical Hospital Northern States Power Northwestern Tire On Site Sanitation Pederson Sells Equipment Peltier, Willaim Polfus Implement Power Phone Radio Shack Road Rescue Rowencamp Associates Royal Concrete Pipe Safety Kleen S nap-On Tool St Croix Office Supplies St Croix Outfitters State Chemical Stillwater Fire Relief Association Stillwater Motors Streicher's T A Schifsky T Y Custom Design Thompson H8.Tware Valley Auto Supply Van Paper Company Viking Office Products Wardell, Leslie Washington Co Sheriff Washington Co Surveyor White Bear Dodge Yocum Oil Zarnoth Brush Works Zepper, Allen MANUAL CHECKS-AUGUST 1995 Blue Cross/Blue Shield of MN Cu b Foods Junker Sanitation MN Chapter IAAI MN Dept of Natural Resources Stillwater, City of U S Postmaster Wolf's Den Gun Shop ADDENDUM TO BILLS Bailey Construction Desch, Mark & Gloria Goodwill Industries Hess Survey Equipment Kangaroo Storage Kimble, Jay f Training-Allen Street Lighting Tire Repair Portable Restrooms Hydraulic Fittings Boots Flail Mower Dispatching Seminar Cordless Phone Brackets Book Concrete Pipe Maint Agreement/Curb Cleaner Test Lamp Unit Office Supplies Chest Waders Insect Killer/Cleaning Supplies S tate Aid Repair Parts Miscellaneous Supplies Asphalt City Pins Miscellaneous Supplies Repair Parts Paper Products Office Supplies Uniform Training- Police Plat/GEO Code List Repair Parts Diesel Sweeper Brooms Chapter Meetings . 89.00 11,093.25 30.93 557.15 212.04 127.00 2,874.44 179.00 212.97 143.95 38.29 516.74 210.34 19.93 467.19 52.80 348.08 58,262.00 18.12 399.97 719.57 607.00 115.27 157.94 972.35 130.86 358.97 900.00 170.66 81.27 68.63 1,121.45 89.00 . August Payment Food-Boards/Commissions Picnic August Payment Training-Miller Emergency Pumping Permit Replenish Petty Cash Postage-Meter Replace Trigger 6,960.76 554.88 91,500.00 50.00 75.00 105.88 1,000.00 11. 60 Payment #l-LI 310 Real Estate Taxes-1st Half Recycling Level Repair/Tripod Storage Rental Meals/Phone Calls 30,993.75 19,805.16 318.54 248.69 176.00 430.65 I . . . . .. .. Legislative Associates Northern States Power R L Polk & Company Rowekamp Associates U S West Volk Sewer & Water Washington Co Central Services Consultant Services Gas/Electric City Directories Training-Fitzgerald Telephone Payment #4-LI 306 Paper Adopted by the City Council this 5th day of September, 1995. APPROVED FOR PAYMENT TOT AL: 750.00 6,785.62 954.00 395.00 511.33 7,492.00 95.04 -------------- -------------- 291,036.03 -------------- -------------- - -------.---------'--..... -_._~. - . . e E OWNER ARCHITECT CONTRACTOR FIELD . OTHER o o o o o AlA DOCUMEJ\'T G70 I PROJECT: United Building Centers (name, address) Washington Ave. Stillwater, 11N 55082 TO CONTRACTOR: Glen Johnson (ruune, address) General Contractor 40 Peterson St. Houlton, WI 54082 CHANGE ORDER NUMBER; 25950 - S (3) DATE: August 21, 1995 ARCHITECT'S PROJECT NO: GWO 1195010 CONTRACT DATE: 5/2/95 CONTRACT FOR: Bid Package 118 Carpentry The Contract is changed as follows: UBC's material cost (s~e attached invoice - yellowed out items) Costs Sales Tax 237.37 15.63 ($253.00) - Deduct Theorigin:11(Comr:lctSum)~~~W2S............. 0..........$ Net ch:mge by previously authorized Ch:mge Orders . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 . . . $ The (Comr:lct Sum) ~~ prior to this Change Order w2S. . . . . . . . . . S The (Comract Sum) (a~~ will be <*X~(decre:lSed) (~~pt}{by this Ch:mge Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ The new (Comract Sum) (~induding this Ch:mge Order will be .. $ The Contr:lct Time will be (mcre:lSed) (decre:lSed) (unchanged) by The d:lte of Subst:mti21 Completion 2S of the cI:1te of this Ch3nge Order therefore is 34,557.00 2,340.00 36,897.00 (253.00) 36,644.00 ) days. NOTE: This sumnmy docs not rellect ch:inges in the Con= Sum, Conttxt TlIlle or Gual'2Jlleed M:lXimum Price which h2ve been authorized bv ConsttUction Ch:mge Directive. . e United Buildin~ Centers r.1 pn TnnnC;;Otl Cotl$tr']~tiotl - ... -- ..- CONTRACTOR ~mr fl"iq 40 Peterson St. Addr~ Addr~ ~~~~ton, WI 540B2 DATE 7r - 2.-3- '7-., DATE City of Stillwater OWNER ?lfi N. 4th St. Addrc:ss Stillwater, MN 55082 BY DATE AlA DOC1JMEKT G701 . CHAl'lGE ORDER . 1987 EDmON . IJA. . C1I987 . THE AMERICAN \NSTlTt1TE OF ARCHITECfS, 1735 NEW YORK AVE., NoW., WASHINGTON, D.C. 20006 G701-1987 ./ ---- . CHAN E. ORDER OWNER ARCHITECT CONTRACTOR FIELD . OTHER AlA DOCUMEAT G701 . o o o o o e PROJECT: United Building Centers (name, :tddress) Washington Ave. Stillwater, 11M 55082 TO CONTRACTOR: Miller Excavating, Inc. (name, :tddress) 3636 Stagecoach Trail No. Stillwater, MN 55082 CH:\1'1GE ORDER NUMBER: 03050 - 1 DATE: August 8, 1995 ARCHITECT'S PROJECT NO: GWO 1195010 CONTR.-\CT DATE: 5/2/95 CONTRACT FOR: Bid Package III Excavation The Comnct is changed as follows: Install Class 5 gravel (4"-6") with poly under gravel in lieu of sod outside the fence line to the property line on north - west and south sides. Theorigin:ll(Contr:1ctSum)66m~kl-~~W2S....................... .$ Net ch:lIlge by previously :1uthorized Ch:lIlge Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ The (COntr:lct Sum) ~~ prior to Ihis Ch:lnge Order w:1S. . . . . . . . . . $ The: (COntr:lCt Sum) (w~~ will be rlI1crc::lSc:d)~ ~~) by this Chwge Order in the: :unount or . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The: new (Contr:lCt Sum) (~including this Ch:mge Order will be: .. S The COntr:lct Tll1le will be ~ (~?O (unch:tnged) by The: d:1te or Subsunti21 Completion :IS or the cbte or this Ql2nge: Order therefore is 53,076.00 53,076.00 2,650.00 55,725.00 )d:1Ys. Non: This summ:1rY cIoc::s not reflect c:h:Ingcs in the Contr:lCl Sum, Comnct 'Ill1C or Gu:1r:llItced M:lXimum Price which h2ve been :authorized by Consuuc:tlon Ch:ange Directive. Miller Excavatin2. Inc. CONTRACTOR 3636 Stagecoach Trail No. Addr~ Stillwater, MN 55082 City of Stillwater OWNER ?16 N. 4th ~t. Addrt:lS Stillwater, MN 55082 United Buildin~ Centers ~mr 61iq Address ~5903 BY l~ DATE -a- ~ ~ . --- BY BY e DATE DATE AlA DOCUMENT G7'01 . CHt\I'IGE ORDER . 1987 EDmON . 1iJA. . ClI987 . THE AMERICAN INSTtTUTE OF ARCHITECTS, In, NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 G701-1987 v G' .00 August 28, 1995 City of Stillwater 216 N. 4th St. Stillwater, Minnesota 55082 RE: U.B.C. Building " Attached are three (3) Change Orders which need to be signed by the City of Stillwater and all copies returned to Geo. W. Olsen Const. Co., Inc. ,II Change Order #03200-1 Omit vision slats in fence (Modern Fence Const., Inc.) DEDUCT -$1,176.00 Change Order #25950-3 UBC furnished material (Glen Johnson Construction) DEDUCT -$ 253.00 Change Order #03050-1 Class 5 gravel outside fence on north, west and south sides (Miller Excavating, Inc.) Thank you. Yours very truly, ADD +$2,650.00 GEORGE W. OLSEN CONSTRUCTION CO., INC. W~ Dan Corcoran DC/mkj e I Attachments i/ --- . CHANG ORDER OWNER . ARCHITECT CONTRACTOR FIELD . OTHER AlA DOCUMENT G70J . o o o o o e PROJECT: United Building Centers (name, address) Washington Ave. Stillwater, MN 55082 TO CONTRACTOR: Modern Fence Construction, (name, address) Inc. 5566 Peterson Rd. White Bear Lake, MN 55127 The Contract is changed as follows: Omit Vision Slats in fence. CHANGE ORDER NUMBER: //03200-1 DATE: August 8, 1995 ARCHITECT'S PROJECT NO: GWO //95010 CONTRACT DATE: 5/2/95 CONTRACT FOR: Bid Package // 4 Chain Link Fence TheOrigin:l1(ComractSurn)66m~x~~~was....................... .S Net change by previously authorized Ch:mge Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The (Contract Sum) ~K:l:ct~ prior to this Ch:1nge Order was. . . . . . . . . . S The (Contract Sum) (~~~ will be (~tWX) (decre:1Sed) ~~bY this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The new (Contract Sum) (~~ induding this Ch:mge Order will be .. S The Contract Tune will be (~~~(unch2!lged) by The date of Subsunti:!l Completion as of the d:ue of this Change Order therefore is 15,932.00 15,932.00 (1,176.00) 14,756.00 ( ---- ) d2YS. 9/15/95 NOTE: This summ2f)' docs nOl reflect ch:1nges in the Contract Sum. Contract Tune or Gu:lI'2nteed Maximum Price which h2ve been authorized by Construction Change Directive. 'R01l' n17q Address Address Rochester, nO) _____ \/hite Bear Lake, MN BY~- ~ ~BY DATE <g - L-.'3- c:; . DATE United Building Centers Modern Fence Construction. CONTRAcrOR 5566 Peterson Inc. City of Stillwater OWNER 2111 N. 4th St. Address Stillwater, MN 55082 e Rd. 55127 BY DATE AlA DOCUMENT G701 . CHANGE OROER . 1987 EDmON . AJA- . el987 . THE . '_'''~''.' ,.,''''_..'''-' I~I" nl~,'""_.r:s, 1735 /'IEW YORK AVE.. /'I.W.. WASHll'IGTON. O.C. 20006 G701-1987 ,/ - e S1. Ores Construction Inc. 728 Riverside Drive Hudson WI 54016 Gary Teed Construction Co 10155 Perkins Ave Stillwater MN 55082 . . Contractor's Licenses Council Approval September 5, 1995 General Contractor Renewal Masonry and Brick Work Renewal .... . . e REQUEST FOR INSTALLATION OF BANNER 1. APPLICANT JC Pfeiffer 2. ORGANIZATION St. Croix Area United Way []] Non-Profit D For Profit 3. ADDRESS P.O. Box 305 TELEPHONE 439-3838 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: Annual United Way fall campaign 5. BANNER LOCATIONS REQUESTED: o Main Street at Olive Street (Mad Capper)* D North Main Street - 100 Block (Kolliners)* . Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS 6. DATES TO BE DISPLAYED: Seotember 8 to October 31.1995 7. INSTALLATION FEE (Non-Profit/Charitable Organizations Exempt from Fee) D $40.00 - Make check payable to City of Stillwater e STILLWATER FIRE DEPT. AND MnDOT REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 AUG-31-1995 09:41 1. 2. ~TTY-ADULT SERVICES ~ 612 348 6430 P.01/01 ..,. . ~ . .llwater ~~ ~ r ~ - THl IIllfllPLUE Of IIINIUIDU e 3. REQUEST FOR INSTAllATION OF BANNER APPLICANT LIs.b- fv\oR\~ (31~ -4Cf 7 &<) ORGANIZATION IV\"'~ ~~ CJw,~ AOORESS.ll5 1\\ 4:~ $1) S11l~ll1er,: HAJ TELEPHONE 4~'1'-1AfD b ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: r~:t~~~~~+~~ ~l~ BANNER LOCATION REQUESTED: ~ Main Street at Olive Street (Mad Capper)- o North Main Street - 100 Block (KoUiners)* o Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIREO FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: _b\.Q\f. ~ - I Cj , I 91 ~ . , COMPANY INSTALLING BANNER: ~' ... Tub Si~.~ Address 22-2. Comm~~ 9-.) ShUl).)a.:k:v Phone.. 4-3q -ti.olP<1 4. 5. 6. 7, .. . FOR 6~I!LCE~~SE:.oNL y' . . =.~'.~t'I~"~~ . .\ 10:,,,. o C':'~"" :' ," <ID"""~ Ity .'....,.' . I'" aLe: --:. I ",t I f. . r t., . D MnOOT' O~t~: . 'I . .l,~'l~ ..~, It' f ., . : I. ,,' :.t. I" " t I ',' I'.,. .. I: , ,".:.... I.. " I . I ". .... , , I I ..' I I. -, ~ ,_, ,HI t _., : (Required for Maln Street Locations)'. ~ , . .' ' Installer verific~tion Date:" I .. . e BANNER REQUIREMENTS An-ACHED ;,. ... ~ . . e 1. REQUEST FOR INSTALLATION OF BANNER APPLICANT ~~~"\:) ~"\\r ORGANIZATION C'1r ~ _~lQ.wa.t--I..., (I~) ADDRESS ~\J.~ ~\'o. ~~ TELEPHONE ~ -~:~ 2. 3. 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ~\\._ (\.~\~<:::, ~'D:. m\\~~\.. 5. BANNER LOCATION REQUESTED: o ~ o Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: .A~.p.:t 15" {Q ~ ~ I I 9 '1 ~ COMPANY INSTALLING BANNER: \~ \'t~ 7. Address Phone .. ,,_H , . ,. '~'~;'~"'_lI'.,., . D o MhDOT:;'/'.. . '. ,;;~:~f~~'.:;,:.'.~,~ "",,,;:,,,,,_::r.._..,' . Date: , . (Required.,.!pr, fItI~in.,;~ireietL~c.~ti()n.s});' .. . .., H' ."..0' . .-'....". .. .--"',, .-' " -. .',.. ......'. ;.0;",.,':: .. . . . ....,.. ..". . . ' .. ., .... Installer verification Date:'. .. ;; e BANNER REQUIREMENTS A IT ACHED CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 ~e4i~(g~to . CITY OF STILLWATER CHAMBER OF COMMERCE TO SELL AT RETAIL Nnu-3Julnxiruliug :!lull iUil}unrs FOR CONSUMPTION ON THE PREMISES LOCATED AT LOWELL PARK City OF Stillwater Washington FOR THE PERIOD COMMENCING 19..2.L AND TERMINATING 9/30 & 10/1 IN THE COUNTY OF , STATE OF MINNESOTA, (hours: 10 a.m. - 8 p.m.) 192L AT MJD:NIWl'x o. ..1 'j ~ 9/30 & 10/1 . This license is granted pursuant to application and payment of fee therefor and is subject to all the provisions and conditions of the laws of the state and of the federal government pertaining to such salel and is revocable for the violation thereof, Not transferable. WITNESS THE GOVERNING BODY of the 29th August of Sti 11 water J 19~ and the seal themof this Au4u115L~ Acting Cfty Clerk The Mil ro \" of the r:i'ty By of Sti1lwater (Seal) ~ ~ fW .. . r illwater "~ ~ ~ ~ THE BIRTHPLACE OF MINNESOTA i) - APPLICATION FOR PERMIT TO CONSUME Name of Organization {Ii fy <2 F S T;/ /"''' te V' Applicant Name (Full) OeA. n t'\ A- (First) street Address q 3~4- ~6 tt- -5r q I 5i\ I \W ~ t-e...r 77o~ /137 ()n--ber fY) ,.. r 1 (Middle - Full) o-f: ~m-eY-c.~ --:t.. ; rlle (Last) Home Phone Work Phone Birth Date Zip .55Z)8~ 139- '/60 I City State -Dt Y\... I Location of Event J-owe-ll 13tr-IZ Date q-36~/D I Time ~/P.m.- ~a.m.~ Number of persons expected (if over 75, police officer required) Purpose (softball game, wedding, etc.) ~ cJ-, Type of actMfy~ancing, music, etc.) frO #~ Check Appropriate Information: llVIDUAL OR FOR-PROFIT BUSINESS/ORGANIZATION: 3.2 Beer to Consume ,,IN-PROFIT ORGANIZATIONS: 3.2% Beer L Sell Over 3.2% Beer. Sell Sell Sell 1 Consume Consume Consume Consume Liquor. Wine. · Requires a temporary license through MN Liquor Control , Applicanfs Signature ~ r Mail License To: (If different than applicant) &'11~t..UwJvu(l~~1~ e Rev. Date 7/94 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e . . RESOLUTION NO. 95- PART-TIME EMPLOYMENT OF LARRY BUBERL AND JUSTIN OPHEIM FOR TRANSPORTING ANIMALS BE IT RESOL YED, by the City Council of the City of Stillwater, Minnesota, that the Part-Time employment of Larry Buberl and Justin Opheim for the transporting of animals, from and after September 5, 1995, is hereby approved; and that as compensation for services the said larry Buberl and Justin Opheim shall receive the total sum of $25.00 for each transport of animals. Adopted by Council this 5th day of September, 1995. Jay L. Kimble, Mayor ATIEST: Morli Weldon, City Clerk e Ie , . . CITY OF STILLWATER MEMO DATE: August 31, 1995 TO: Mayor and Council FROM: Klayton Eckles, City Engineer IL i ../ SUBJECT: Change Order for 1995 Street Improvement Project L.I. 312 Attached is a change order requested by Tower Asphalt which involves an extension of the completion date. RECOMMENDATION Recommend council consider passing a resolution approving the attached change order. .~ . . CHANGE ORDER e 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER. ST. PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON City of Stillwater OWNER L.I. 312 OWNER'S PROJECT NO. 1995 Street Improvement Project PROJECT DESCRIPTION 8/28/95 DATE 1 CHANGE ORDER NO. A-STILL9506.01 SEH NO. The following changes shall be made to the contract documents: Description: Change substantial completion from August 28, 1995 to September 11, 1995. Change final completion from September 11, 1995 to September 25, 1995. Purpose of Change Order: Request of contractor, letter enclosed. Difficulty in obtaining sod contractor. This complies with Supplementary . Conditions S.c. 12.1 of the contract. Basis of Cost: 0 Actual o Estimated: Attachments (list supporting documents) CONTRACT STA TUS Time Cost Original Contract 9/11/95 $0.00 Net Change Prior C. O.'s to Change this C. 0 9/28/95 $0.00 Revised Contract Recommended for Approval: Short Elliott Hendrickson Inc. By ~dJ,~ Richard E. Moore, P.E. Approved for Owner: BY BY BY Distribution Contractor 2 Owner Project Representative 1 SHORT ELLIOTT HENDRICKSON ING. MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI EQUAL OPPORTUNITY EMPLOYER SEH Office MADISON. WI LAKE COUNTY, IN T~ER ASPHALT. INC~ P. O. Box 15001 LAKELAND, MN 55043 OFFICE: (612) 436-8444 FAX: (612) 436-6515 ....... ~s~~~~~,,\- ~~ e - NAPA . NATIONAL AlflHALT MVDIDIT ASSOCIATION August 23, 1995 Mr. Richard Moore Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 :'" :" ". ".", ..-.-,.' s:.;:;:ri ::':. ." .: .: -' RE: 1995 Street Improvement Project Stillwater, Minnesota ~n ,. r)\ ~r Dear Dick; Because of the difficultly in locating a landscape contractor who can complete the sodding on this project in a reasonable amount of time, I request an extension to the completion date. I have been trying for three weeks to locate a landscaper and, as of today, I have a contractor who will do the work, but cannot start until Monday, August 28th. I would like a two week extension to cover the length of time to complete the sod, pave the wear course, and do any miscellaneous cleanup. Should you have any questions regarding this matter, please give me a call. Sincerely, Charlie Babich Project Manager , Tower Asphalt, Inc. e EQUAL OPPORTUNITY EMPLOYER . . ORDINANCE NO. e AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING REGULATIONS REGARDING TANKS USED FOR STORAGE OF FLAMMABLE LIQUIDS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section I. Amending. The Stillwater City Code, Chapter 23, Fire Department is amended by adding a new Subd. 4a that will read as follows: "Subd.4a. TANK INSTALLATION AND REMOVAL. All tanks used to store, handle, or use flammable liquids or liquids defined as Class I liquid by the Uniform Fire Code are subject to these regulations: 1. A Permit issued by the Fire Chief or an authorized party is required before a tank may be installed, modified, or removed and the Permit fee for each tank is $50.00. 2. When removing tanks containing flammable liquids or when making any alterations in piping, all provisions of the Uniform Fire Code, and this Ordinance, must be followed. 3. THE FIRE DEPARTMENT MUST BE NOTIFIED 24 HOURS IN ADVANCE OF ANY WORK. Inspectors will be available Monday through Friday, 8 a.m. to 4:30 p.m. at no charge but any overtime will be at the permittee's expense. 4. All tanks must be pumped as dryas possible before operations are started. 5. To prevent static electricity accumulation, tanks must be purged with a proper ground maintained between the C02 supply and the tank. 50 lb. of carbon dioxide per each 1,000 gallon capacity of tank must be used. 6. All vents and fill pipes must be removed and the tank secured with metal caps and plugs before a tank is removed from the ground. 7. A cable sling or choke must be used to raise a tank from the ground. Piping or lift hooks must not be used for lifting nor may a tank be pushed or dragged from an excavation. Care must be taken to prevent rupture of the tank. 8. All adhering dirt must be removed from the tank before loading for removal and the tank must be immediately removed to a safe disposal area outside the city. 9. Proper fire extinguishers must be provided during removal operations and "NO SMOKING" signs posted in the area of tank removal. Ie . . 10. When a concrete slab covers a tank, adequate protection against sparks must be taken when breaking up slab. e 11. The Permittee must provide proper equipment powerful enough to remove tanks in an approved manner. 12. Excavation must be filled or properly barricaded and warning lights posted at the completion of each working day. 13. DEVIATION FROM THESE GUIDELINES MAY RESULT IN REVOCATION OF PERMIT BY THE FIRE CHIEF." Section II. SAVING. In all other ways the City Code will remain in full force and effect. Section III. EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its publication according to law. Adopted by the City Council of the City of Stillwater this _ day of , 1995. Jay L. Kimble, Its Mayor A TrEST: Morli Weldon, Its Clerk e . . e CITY OF STILLWATER MEMO TO: Mayor and City Council FROM: Diane Deblon, Finance Director ~ DATE: August 30, 1995 SUBJECT: Special Assessment Reapportionment for PID #9032-3025 Attached is the resolution to reapportion the assessments for L.r. 301 on PID # 9032-3025 previously submitted to the City Council at the August 1, 1995 meeting. Mr. Howe has questioned the fact that there was also an assessment for L. r. 173 on the property that is not being reapportioned. The following are the facts related to the L.r. 173 assessment and the reasons that staff has not reapportioned this assessment: 1. L.r. 173 was an assessment for watermain that was levied on the property in 1980. 2. The watermain assessment was carried as a "hook-up" charge @ the city. (i.e.- the amount was not required to be paid until the property hooked up to the city water.) 3. The area of benefit for the L.r. 173 assessment is 100% for the parcel of property Mr. Howe retained after the subdivision. 4. A plumbing permit was issued by the city on 8/30/94 for Mr. Howe's property to hook up to city water and city sewer. 5. Mr. Howe actually hooked up to city sewer on 8/22/94 and city water on 11122/94. 6. The L.r. 173 assessment was inadvertently not collected when the plumbing permit was issued. - Therefore, I do not recommend refunding or deferring (re-apportion) any of the L.r. 173 watermain costs on the parcel. It is my recommendation that it is in the best interest of the city that only L.r. 301 be re-apportioned as outlined in the attached resolution. . . Resolution No. 95- Reapportionment and Reassessment of Special Assessments for PID # 9032-3025 e Whereas, the city has previously adopted the special assessment roll for L.I. 301, and Whereas, it is the policy of the City Council of the City of Stillwater to reapportion the outstanding special assessments upon a subdivision of land, and Whereas, the property owner has signed a waiver of irregularity and appeal for the original L.I. 301 special assessments, and Whereas, the balance of the special assessment as of December 31, 1995 on PID #9032-3025 for L.I. 301 is $3,997.45, and Whereas, the property owner has paid the special assessment amount of $3,997.45 to facilitate the prior recording of the subdivision, and Whereas, the amount of the reapportion that benefits the west half of PID #9032- 3025 is $1,998.72, and Whereas, the property owner wishes to have the $.1 ,99.8.72 continued to be spread on his property taxes in the same manner as the ori&inal L.I. 30 I special assessment. Now, Therefore, Be It Resolved, by the City Council of the City of Stillwater that the city reassess the PID# 9032-3025 in the amount of $1,998.72 at the same interest rate and remaining term of the original special assessment for L.I. 301 and that the City of Stillwater refund to the property owner this same amount. Adopted by Council this . _ day of 1995. Mayor Clerk e II \ ., .." . . 4..l!-/ 0/10/ 1 'j"" e August 9, 1995 Gary Howe 911 Co. Rd 5 Stillwater, Mn. 55082 TO: Mayor and City Council Stillwater, Minnesota RE: Request to reschedule appointment with City Council for August 15, 1995 to September 5, 1995 Due to my being out of town at the time of the next City Council meeting (on August 15, 1995) I am asking that my request to di~cuss reapportionment and reassessment for P.1. 0 #9032-3025- L.1. 173 and L.1. 301 be tabled until September 5, 1995. Thank you. Sincerely, ~.~ Gary Howe Ie . . . September 5, 1995 TO: Mayor and City Council FROM: Gary Howe RE: Resolution for reapportionment and reassessment for PID # 9032- 3025- LI 173 and LI 301. Dear Honorable Mayor and City Council Members, I question the LJ 173 water deferred assessment for my property which should have been explained to me and also collected at the time of applying for the plumbing permit. The well on my property was in perfect working order at that time with excellent tasting water. If proper protocol had been followed I would have chosen not to connect to city water since their is no ordinance requiring such. The deferred water assessment was only figured for the west half of my property since the east half was termed as "'and-locked and undevelopable". There was no continuity between the way LI 301 and LJ 173 were calculated. The LJ 301, sewer assessment, was calculated on the entire parcel even though labeled land-locked and undevelopable. 1. LI 173 should be waved because proper protocol was not followed and I was not allowed to disconnect. 2. LI 301 should be recalculated for only the west half of the property, as L1173 was calculated on the developable west half. 3. I wish to have the new recalculated amount continue to be spread on property taxes in the same manner as the original~ special assessment. ,30 I 4. Please refund the difference as both L1301 and L1173 have been payed in full to allow the subdivision to be recorded. Thank you. ~:~y~ Gary owe . ' ..-_............ . . '.- .,-', - ."a......-<.. . ~.- .7-~,:;O -:'.-~.-'" ~. ,. _.. ...-.a.. '. I$/~g- PLUMBING PERMIT Fee Collected: $ -:;; / Sf d. .)-0-: City of Stillwater, Minnesota N~ 5655 0/30 191L ( Date: Mark Squares by X or Notation: Alter Install Repair D 00 D I All Other - Note Cost I I i "0 0 ~ Permission is hereby granted: ~er:~ Contractor: ~ ~ . Address: 9/1 ~ /l( #'6- &;)~ Address: to carry out the work indicated on the following described property, upon the express condition that said person and their agents, employees .d workmen will strictly comply with the Plumbing Ordinance No. 336-Sec. 41, of the Cily of Stillwater, Minnesota. Master Plumber: Ward Lot Block Addition or Tract 9// ~. (J-d -:If s- Description Details of Contract: ~dc ~ 911. dO luac' 'mt;;; Rec. Number: Plumbing Inspector: dtArlkf~ ~ /0009 <{jJ..I4g~~y(r. kpJ ~ /(J.J..J- &lun ~ Jim , .... <>S,." ;~~.: - ~ ~--: 00 - .~.---_._...-.-- --.. ..,.... '" ..jf....u .""",- I Ie ~~'... l ' . P!I' ~ ..k; /' / 99L;L /' ~ / .:kJ ---JI!1. ~ . ~ ~ U-<_~~ ~,~ ~ ~'-"I c..J e~ ~ ~ ~e~~~___ -...~.c: ~ ~ ~~ ~ r:~) ~ k.J ~ a.-..d n~ KA_~~A~ c;4' ---~ -" -1',,--0) ~ ~,f"" 4-:& ~ oI....~ ~ ~ ~ ~ ~ ~~ ~~ ~..~ ~ ~- . ,~-.e dIt-- ~ -< AJC~~- ~ ~ ~ U ~ ~r ~~~~.L?L"'~y~' ~ ~ ~ ~"r a-~ ;1?.tI-/ CLor.r~~ ~.L!1Ifu...c-~ ~ ) -L ~-M1r.l~.;r~~~ ~~ c:;s ~/~--~ ~ - ~ CZ~-''''',o,-~ ~ ~~ a:-~ ~~ ~ ~ /--~ ~--."""'--'Z;;S .4- ~~~-~~/ ~~~ ~~~~~_.....}- ~~ ~ ~ d7~ ~-L~-~Y' ~ ~ ~ ~ ~<>_. r--",/J'-d. c2. -~. 'f ~ ~ ~ "'~A.Je) ~....~ r ~C'y~:{/ ~ d-~ ~ ~~-" ~ _<?.J../_~""'-~;:-':: r-~ ~d~;.zf~~~Rj ~~ ~r~ ~ ~- r.&--~~.I~'- &e':l"~ -.-!2~ ~ c::::a- .. :. I { , . . . September 27, 1994 Gary Howe 911 Co. Rd. 5 Stillwater, MN 55082 Attention: Dennis, Stillwater Water Dept., and Board of Water Commissioners Dear Sirs, On September 27 I placed a call to AI Zupher to request the cost of all fees regarding the hook up of sewer and water to my home at 911 Co. Rd. 5 (located amidst the extensive construction on that road), so that all would be ready when I recieved the okay from Clayton to go ahead. At that time Mr. Zupher quoted me a cost would of $1,165. I arrived at City Hall at 12:30 that same afternoon and was quoted a fee of $1,265; $100 higher than the previous quote. I was told that the Water Department had recently increased their fee to this amount. I objected to this increase due to the fact that I had begun working with the Water Dept., Dennis, and Dexter, on or about August 12. During this time I was running between City Hall, Clayton Eckles, signing the agreement of assessment, and back to the Water Dept. I even met with Tim Moore that same afternoon to arrange finality. I followed this by contracting Rick Fuhr and Jeff Holst to begin work immediately. The water and sewer were to be run into my home within a week. At no time during all of these transactions did anyone from the city mention a permit or fees having to be paid before work commenced. The only two to mention a fee of any sort was Choc Junker and George Diethart who mentioned the woe and soc charge before I could change over. It was through no fault of my own that the hook up date was getting postponed, that I was being given the run around. and that there seemed to be little or no protocol within the departments. To make this scenario worse, at no time during these interactions, did anyone alert me to the fact that there was a pending increase of fees from the Water Deptartment, or when to expect this to occur. { l. . . !. Please note the enclosed copy of a note written to my plumber, Jeff Holst, dated August 30. It is self-explanatory, and again, still no mention from the Water Dept. or AI Zupher of an increase in fees, the need for promptness in payment of a permit, or woc and soc charges. My first notification was from AI Zupher on September 27. I then called Dennis who directed me to write to the commissioner in order for the additional $100 added to the stated fee be dropped. Sincerely, ~~ Gary Howe enclosure , ' . . . -7 . ~illwate~ TH;-;"TH"'" " ."".~ NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR LOCAL IMPROVEMENT NO. 301 MARKETPLACE Gary Howe 911 County Road 5 Stillwater, MN 55082 TO WHOM THIS MAY CONCERN: Notice is hereby given that the Council will meet at 7 p.m., on October 11, 1994, at City Hall Council Chambers to pass upon the proposed assessment for L.I. 301. The following is the area proposed to be assessed: Bounded by County Road 5 on the west, State Trunk Highway 36 on the south, Washington Avenue and its extension to West Willard Street on the east and West Willard Street on the north. The improvement consists of sanitary sewer, watermain, storm sewer, street construction and appurtenances. Your Parcel is described as follows: 9032-3025 The amount to be specially assessed against your particular lot, piece or parcel of land is $4,441.61. You may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. No interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this assessment. You may at anytime thereafter, pay to the Washington County Treasurer the installment and interest in process of collection on the current tax list and you may pay the remaining principal balance of the assessment to the City of Stillwater Treasurer, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 7.25% per Year. The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $1,450,704.20. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of the proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 t - . · . . . . . _..~ - NOTICE OF OBJECTION .. To the City Council of the City of Stillwater Re: Local Improvement No. Jt:J I This is to ad,,;se that the undersigned owners object to the proposed assessment of 15- # /' 6" /' against Parcel No. 9 tJ 3 J-. - 3o.;L5"' on the ground') that said property has received no benefit from said improvement. ~ /7;. /} ~ ~ :-. ~ ~ ~~ec:~~ ~.' . ~ t::24~~"'A-e~ ~ ~ . ~/::::-:~~::~_~ __-/' <4t>_..r'~4h:/ Dated: ({JL _II ,1994 ~ ,~~a~/ -ad~~~ 7~~~~ ~ 7~ CZ<<4m~r <2/ ~~- ,J ~ /~ ~ ~ a.....UA'eL "..., /-;73 ~/~ ~ ~ z;?~ ~ ~Lr:1IA.; ~ -4'tJ 0"---' '. S 0-<.<.<<". -d. ~ ~ tV.va;6 .r~ ~ .;:.v~ . z:;3 ...6...-- ~ cd> 't;'Y~~~ ~~~~~. ~?:Jti.:, ~~~~~~/? ~ ~. ~ tUA~.:,/J_~ ~~t4Jd.{'~----. ~ 4".,;;z "3.>TH> . ~ .-<'A"...!e;::.', . ~4:. c:4~:- _:'~~;J ;' ~ , . ' ~ ~Y/. ~ _~____ ~..:...~. ~ r<~~ . . :. ~ Mayor and City Council City of Stillwater, Minnesota 216 North 4th St. Stillwater, MN 55082 Submitted September 5, 1995 at City Council meeting Supplement to my letter of July 28, 1995 Mayor and City Council: Introduction Since submitting my letter of July 28, 1995, related to the Lumber Baron's Hotel project, additional relevant information has come to my attention which needs to be incorporated. First, I personally submitted two copies of my July 28 letter at about 4 pm July 28 to a staff person at the City's desk in hope it would be delivered that day to the council members with their packet for the August 1, 1995 meeting. When I did not appear on the City Council meeting agenda of August 1 under Communications and Requests, I assumed it had not been delivered in time and would be on the August 15 agenda. When I did not appear on the August 15 agenda, I asked the City staff why not and was told they could not find my July 28 letter. I resubmitted a copy on August 30 and asked to be on the Sept. 5 agenda for a response to the issues I raised. On Sept. 4, I asked a council member whether he had received a copy of my letter in his packet. He said he had not. Instead, there was a letter by Mr. Kriesel mentioning my letter, its content, and his personal summary of the issues and their apparent resolution. I find it appalling and outrageous that a citizen's letter to his elected government representa- tives was deliberately interdicted and not delivered. I can understand such censorship happening in some nondemocratic countries, but certainly not in the USA! Additional Information My letter was based in part on the September 1994 draft of the development contract. I was not informed of or had a copy of the final executed development agreement of January 17, 1995. Also, I did not know of the information provided in Mr. Magnuson's report to the Council dated August 11, 1995. Though I did ask for and thoroughly looked through the file folder on the Lumber Baron's hotel project before writing my letter, these materials were not in the folder, nor was I told of their existence. The absence of this information accounts for the apparent "newness" to me of the new hotel addition being about 50' shorter than "approved." There is also an error on p.3 stating the completion date is October 1996, which should be December 31, 1996. However, the central issue of whether due process was followed to effect modifications after approval by the HPC and PC remains intact. TIF Funding Comparison of the September 1994 second draft of the development agreement with the January 1995 ("final") agreement raises a serious issue regarding the taxpayer funding of the project through TIF. Section 4.6 of the Sept. 1994 draft provides for semi-annual tax increment payments as "... a sum equal to the lesser of $12,500 or 50% of the available tax increments ... ." (Ex. 4). I had asked Ms. Deblon and Mr. Kriesel whether the effect of the wording"... the lesser of $12,500 or ..." acted as an upper limitation of $50,000 per year on the amount ofTIF funds the developers could receive. They said yes and that they had figured with a life of fourteen years (1997 though 2010), the developers could get no more than about $350,000. . . Ie However, Section 4.6 of the final agreement was changed to read "... a sum equal to 50% of the available tax increments ... ." (Ex. 5). The previous limitation has been removed by agreement by the City, in effect, allowing the developers to receive an additional amount of potentially nearly half a million dollars to a total of $835,000. Who in the City agreed to such a deletion, why, and what did the taxpayers receive in return whose value is comparable to the extra half a million dollars?! A valuation statement for the project at the Washington County Assessor's Office showed a total cost of about $4 million, based on an acquisition price of $1.15 million. The forgiveness of $515,000 plus potential TIF funding of $835,000 adds up to $1.35 million, or about 1/3 of the project being paid for by Stillwater taxpayers. I think that is too much and needs reduction. Also, if the amount of total TIF funding is limited, commitment of this additional half million dollars precludes its use for other potential TIF projects. In my opinion, too much TIF funding is being given for too little in return to the taxpayers. Moreover, in my opinion, such excessive TIF funding can result in inequitable personal enrichment for the developers. Consider the scenario where the value of the project of the life of the TIF is such that the full $835,000 is given and is used to convert the project's debt into owner equity. If the present developers sell the hotel at some point after that, they personally get to keep all the $835,000. In effect, the TIF funds are taken from all the households of Stillwater's taxpayers and put into the households of the three developers. I think such a transfer of so much taxpayer money to private individuals is a misuse, if not abuse, of taxpayer funds that are in desperate need of use for other publicly enjoyed projects such as parks. Response to Mr. Magnuson's Report of August 11, 1995 and Issues Therein 1. Due process validity of the City Council to effect changes at a TIF workshop to previously approved Design Review and Special Use permits Mr. Magnuson states that because of inability to finance the original Preliminary Plans submitted to and conditionally approved by the HPC and PC, the developers ("SCPC") submitted modified plans to the City Council and requested TIF funding for those modified plans at a workshop scheduled for the purpose of reviewing the project's financing. The Council considered two possible alternative plans and approved the designs in Mr. Magnuson's report. He states the City Council should have referred the new plans back to the HPC and PC. The questions raised here are: (1) With what due process for effecting design changes did the SCPC comply in submitting their changes to the City Council at a workshop? Cite the City Code. (2) Does the City Council have due process authority to approve design changes at such a workshop or even at all? If so, cite the City Code. (3) Under what due process does the City have the burden to remand such approval to the HPC and PC as opposed to the SCPC having the burden to resubmit for approval? 2 . . I Ie It seems clear to me that the City Council has no authority to approve design or design modifications. Such authority for approval of design review and modification is expressly with only the HPC under City Code, Ch. 31,subd. 29(13,17), 30(3). If true, the City Council's design change approval on Aug. 9, 1994, has no legal effect. The council's expression toward the proposed changes is only an expression of their attitude toward the proposed changes. The SCPC had many months after the August 1994 workshop within which to resubmit their changes for approval. Moreover, any plan changes prior to January 1995 should be superseded by the SCPC's signing SUP/94-39 on January 4,1995. The fundamental question is whether the SUP/94-39 agreement is legally binding and enforceable. If it isn't, why was it signed? 2. The need for the authority of both the Planning Commission and Design Review Committee to be made more clear The authority of the Planning Commission and Design Review Committee and the procedures for approval are clearly set forth in City Code, Ch. 31,subd.29(13,17), 30(1,3). The SCPC should not be excused from following established, clear due process because they voluntarily chose to follow an improper approval procedure. 3. Specific approvals by various committees should be required as conditions of the contract, and failures should be grounds for default. In this case, they were. Under Section 2.2.1 of the final agreement, the SCPC warranted that it would construct the Minimum Improvements in accordance with the City's zoning regulations, Le., Ch. 31. Under Sections 9.1 and 9.1.1 of the final agreement, failure of the SCPC to observe or perform any condition to be performed hereunder (e.g., conditions of approval in a SUP under the City's zoning regulations pursuant to Section 2.2.1) is an event of default. The SCPC accepted the HPC and PC conditions of approval January 4, 1995, and agreed to resubmit any changes for. approval. (Ex. 3, July 28 letter). Overall, Mr. Magnuson's report is entirely devoid of any assessmentofthe SCPC's burdens to comply with established due process and of its possible failure to do so. One might infer from his report that the SCPC is without any fault or burden to know and follow procedures in the process. As such, it is incomplete and should not be acted upon by the City Council until a balanced analysis is set forth. Mr. Magnuson is paid to protect the interests of Stillwater's citizenry to the fullest extent possible. So far, he has not done so. Preclusion of Due Process for the Public It is not contested that the SCPC has a right to request changes in their project's design. The issue I raise is that subsequent to the due process HPC and PC approvals of July 6 and 11, 1994, has the SCPC complied with the zoning regulations to obtain approval of their changes? It does not appear to me that it has. Furthermore and most importantly, the zoning regulations' due process for properly making changes from the agreed-upon conditions of approval provides the public with an opportunity to comment on or object to the changes. Thus, failure to follow the 3 . . e zoning regulations' procedure has denied Stillwater's citizens their constitutional right of due process to object to a project funded by their money. It would seem impractical and economically wasteful to stop the project's construction now or to seek to require some demolition and rebuilding in conformance to any binding design plans. Instead, I propose that the City Council determine whether the SCPC has failed to comply with due process or the development contract and if so, withhold an appropriate amount of financing. Sincerely, R,~ James R. Huntsman 416 S. 4th St. Stillwater, MN 55082 4 Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certifying. _Ch certification by the City shall be a conclusive determination of satisfaction and termination of the eement 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. 4.4.2. The certificate provided for in this Section 4.4 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 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction shall be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon whic;p. a certificate of occupancy is issued.. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims . from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. Section 4.6. Tax Increment Payments. Provided that the. Minimum Improvements are substantially completed by January 1, 1996, the City agrees to Q.ay 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-i 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. Ie 9 f)(. Y - S-e ft t '19 L{ Seco}JJ D 121\-f" T . III The certification by the City shall be a conclus~ve 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. The certification and the determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 4.4.2. The certificate provided for in this Section 4.4 of this Agreement shall be in a form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction shall be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon which a certificate of occupancy is issued.. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. Section 4.6. Tax Increment Payments. Provided that the Minimum Improvements are substantially completed by January I, 1996, the City agrees to pay in equal installments, during the life of the taX increment financing district beginning on August 1, 1997, and again on February 1, 1998, (the "Scheduled Payment Dates") and each August 1 and February 1 thereafter, a sum equal to 50% of the available tax increments generated by the Minimum Improvements; the "Scheduled Payments." "". . Each payment shall be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper at 306 Olive Street, Stillwater, Minnesota 55082. The Redeveloper by notice to the City may designate different addresses to which the payments shall be sent. The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only to the extent that the City shall have received as of the Scheduled Payment Date Available Tax Increments, as defined in this Contract, received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment property. .. To the extent that on any Scheduled Payment Date the City is unable to make the total Scheduled Payment due as a result of its having received insufficient Available Tax Increments, the Scheduled Payment shall be suspended until such time as the City has received, by payment of delinquent taxes or otherwise sufficient increment, for payment of the suspended amount. This obligation shall not be payable from or constitute a charge upon any funds of the City, and the City shall not be subject to any liability or be deemed to have obligated itself to pay from any funds 8 Ex.. 0' - ~IJVPrfl. Y 1 ~ 11 Cj.,S FiNltl, It~ (tee MeN t e e . . RESOLUTION 95- REAPPORTIONMENT OF SPECIAL ASSESSMENTS FOR PARCEL #9032-2050 WHEREAS, it is the policy of the City Council of the City of Stillwater to reapportion special assessments upon a subdivision, and WHEREAS, the City Council has approved a minor subdivision for PID #9032-2050, and WHEREAS, the City of Stillwater originally assessed PID #9032-2050 for local improvement #283 - Gloves Addition, and WHEREAS, the balance of special assessment principal outstanding as of December 31, 1995 is $11,823.00, and WHEREAS, the City of Stillwater has determined that the improvements provided and levied by L.I. 283 - Gloves Addition benefit Parcel A & Parcel B in the proposed subdivision. NOW, THEREFORE, be it resolved, by the City Council of the City of Stillwater that the following shall constitute the reapportionment of special assessments outstanding for L.I. 283 - Gloves Addition: original PID #9032-2050 Parcel A Parcel B L.I. 283 $5,000.00 $6,283.00 Adopted by council this 5th day of September, 1995. Jay L. Kimble, Mayor ATTEST: Modi Weldon, City Clerk STILLWATER, ~INNESOTA e i FILE NO. 92428 ORG. NO. 1 " -;jq3 _j q..0Y ~~- - ^~ ~DT . yC; )oJ eA~ ~ I .,' w. ORL.EANS S1: ISJ ASSESSABLE AREA. z o en z - ..J ~SaJ ASSESSMENT MAP GLOVES ADDITION . L I 283 .--s_ARCHIfK:1'S _PlAN".1IS r~ i :e i i I , , I I I I I ..-1 . . e illwater '~ ~ T H ~I R T H P LAC E 0 F M I H H E SOT A ~ August 30, 1995 Dear Resident: Please be informed that the Stillwater City Council \-vill be discussing the establishment of no parking areas at the intersection of North Owens Street and Laurel/Mckusick Lake Road at the meeting of September 5, 1995 (7:00 p.m. in the Council Chambers-216 No. 4th Street). The City has received comments from the public regarding line of sight problems with this intersection. At this time it appears that the problem could be somewhat mitigated by eliminating the parking of vehicles near the intersection- on Owens Street as indicated on the attached map. The elimination of parking has some impact on the residents and businesses located in this area. Therefore the City council would like to give you an opportunity to be heard on this matter. If you have any questions or concerns regarding the establishment of no parking as explained in this letter you should consider attending the meeting. You could also write to the Council on this matter. However, written comments need to be submitted to the City Clerk no later than 3:00 p.m. Tuesday, September 5, 1995 in order to be considered at the meeting. Please feel free to call the undersigned at 439-6121 if you have any questions regarding this matter. Sincerely, 4.dd-~ Nile L. Kriesel City Coordinator e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 II, V'2. 0;;: ,7 6' ~ 19 ~. ., ~ .~ I~ ~""'_"'~'_' 15 C -- - --- . ',- ~ ,. I~ " ." ;, . '". ,:-~ ., I 1'1. 13 '. r-.- -:- '-,- T ~~ ~ -.~ ~ .:~.". \. \ ' I. I:" " . ' " Iyr.~ .' .,'. I I.. I . J '.; I '. .:; I" ., " 3 .1 . .~ .': ". 'f' " ',.,' .. ~~~ . \ .1 'I"".":'~I:: r , ! 1.....:;:.A:.J....l~ . ........... :.... ~ '1 ',,'. . I I I ':"';::'.1 ". ',' "" ..... .J '.' 'l IW. I :.,' I .! " ..:' . ;, ' , ,; . ,:: .' .., I ' I" I , r.i ., ,;. : I I ", '~. :~:-'" -;--=-- ~""'"I: 'I"j ',....-" I " . ,,' '.. '/ . . . ." ---=- ~ - --- I. ..J, I .... -\. 1.1 '... _......--.......--~-~--~-- '" l . ..1 "" -:, ~. / ;"..,.'. _ -- - - .i - . I'. .~.... : ~. ."c.. . _ _ _ - . ~ fI= ' ~. ',/ .,~' .,:t: '.\:' . ," :'. ..' 2.0 . ,2.0 I JI 1'1\7. .' ..J', \./. ;':"'1 I; ;.;:-: " ~'.:' . .' ~ ",\\'10';"1 ':,.) :;;. ..~.I': ,'<" ~ ~ '. '.'IV' E' '. . .. . . ~.. . .. . DR . MEADOW.:.... LARK " 3~.,.I' : ~ .... ....... ..':~ I' ~/3~ -12L:::. ~II r- .' ; -21 - . in -- -en " ~ ::'i-= m Z2. '\~ ~ 10 1 . '.' 10 10 .1. m... , ~ 8 , . ' . .: . 18 ' I ~ /5, . '. .... ./6 .. - 10. 1 : 1 . .' '.. '..; 6" 5 " : '~ 5' M.YJj . 6 .~,.:;~h::~;'~~f'0/:~i.:::~f':"I:~1:it:~/1 ',',.'U ~ 1\ ...... . . ... .- - ~,. - -- ---- .. '. 4, z 21 z. O. Cf), . . o z. .' :::> ,:" ~ . .... . .. --, .. . .. .. "" '..! ." ;.. .. . '.. :::~: "r", .,.:? :."::~ ..:.::..... .. .... . - ------ .... - - ..- - 6 1/ "2'0.~4.b/41..~-~- _ 9h~~. 8 IZ -:- - .' ., '. I'. II 10 . ,W -' ....... . . .' ...... ". 'J : " :' '[ill[ .' 4 . :3 . . 2 .. I :3 ., 6 5 e 7 1 W ." , 2 3 , 6 I /21 1 \ .. ... 8 10 13 14 - 4 16 'lilt 2. \. :3 I 6 111/f MAPl 1 \I 5 :3 I .. _l~ ~ ~,. '8l.1~ 108 642. , . ...,' I \ 10 1 ~ , r;. ~ ,., iuu t.. /I J IJ./:L - .:. JI2 U I , ..', 4-..... -- . ".~:3 18" .... ---- ...., .... . , " I ..... .,....' , ..... ~. 10 9 , If 10 rLtNOEN 9 8 NOTE: IT APPEARS THAT THE NO PARKING AREA WOULD BE 30' TO 50' FROM THE CORNER OF THE INTERSECTIONS. FINAL DISTANCES WILL BE DETERMINED AT THE MEETING. e - e . . '~.--- .. ... RESOLUTION NO. 95- EST ABLISIllNG NO-PARKING AREAS ON NORTH OWENS STREET BE IT RESOL YED, by the Council of the City of Stillwater, Minnesota, that parking shall not be allowed on North Owens Street in the areas shown on the attached Exhibit "A". Adopted this 5th day of September, 1995 Jay L. Kimble, Mayor A ITEST: Modi Weldon, City Clerk e e ~ . . RESOLUTION 95--=- ADOPTING THE PROPOSED BUDGET FOR THE YEAR 1996 Be It Resolved, by the City Council of the City of Stillwater, Minnesota, that the proposed operating Budget for the General Fund is hereby adopted for the year 1996 with revenues and expenditures in the amount of$5,953,163. Adopted by the City Council this 5th day of September, 1995, Mayor Attest: Deputy City Clerk e e " . . RESOLUTION 95-_ ADOPTING THE PROPOSED TAX LEVY FOR THE YEAR 1996 Be It Resolved, by the City Council of the City of Stillwater, Minnesota, that the sum of$3,596,332 be, and the same is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1996. Adopted by the City Council this 5th day of September, 1995. Mayor Attest: Deputy City Clerk e .e . . MEMORANDUM TO: Mayor and City Council (l/ FR: Steve Russell, Community Development Director DA: September 1, 1995 RE: CONSUL T ANT SERVICES FOR DESIGN DEVELOPMENT AND REVIEW OF CONDOMINIUM PUBLIC PARKING STRUCTURE ON UBC SITE This item is a follow up to the council workshop discussion of the UBC site last Tuesday, August 29, 1995. The UBC site is a significant downtown site and because of the magnitude of the project, 300 plus car parking structure and 70 - 100 condo units, it is critical to get up front design assistance to make sure the project "fits" in the area and is consistent with the design guidelines. Mr. Balay is in a good position to provide the city with such design assistance, He is familiar with the downtown and the working of the city design review process, The funds to cover the costs of design assistance are in the planning budget for 1995. Recommendation: Approval of design professional assistance for development of UBC site (resolution), Attached: Letter of 8-30-95 . . MARK S. BAlAY ARCHITECTS 226 E. Myrtle St. __ Stillwater, MN 55082 (612) 430-3312 8/30/95 Stephen Russell City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Subject: Architectural Consultant work with Planning Department Dear Steve: I enjoyed our discussion of the proposed downtown condominium project and agree that the best path of coordination with the developer is an agressive application of the downtown design guidelines and ordinances, to promote a very compatible building before the city commits itself. If successful, the preliminary process would allow the city to be a cautious, but positive, contributor. In direct response to your request I would be glad to act as contract architectural consultant for the planning department to accomplish a communication of the site specific community development issues to the developer's design team, I provide hourly consultant services for this type of work at a rate of$55.00 per hour plus reimbursable expenses. I believe a maximum of36 hours of time would be sufficient for a fee not to exceed $1,980,00. I would propose dividing my consultant time as follows: session #1 Meeting to coordinate with city staff and review applicable guidelines, codes and ordinances. session #2 Design work with developer's designer directly introducing city and state printed materials which apply. session #3 Design work with developer's designer directly to analyze and contribute a city and community design perspective into the design solution, session #4 Meet, along with the developer's design team, with city representatives of the council such as the HPC, city attorney, development director, and any other appointed representatives of the city council to share the physical parameters of the preliminary design solution prior to presentation to the city council for a second time. MmkS.~~ e ,~ . . , e RESOLUTION NO. 95-_ RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Be it Resolved by the City Council (the Council) of the City of Stillwater, Minnesota (the City), as follows: 1. Recitals. a, The Internal Revenue Service has_issued Section 1.103-18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the city prior to the time for the issuance of the bonds, b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of which are to be used to reimburse the City prior to the time for the issuance of the bonds. c, The City desires to comply with requirements of the Regulations with respect to certain project hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (Hi) expenditures constituting of preliminary expenditures as defmed in Section 1.103- 18 (i)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution, c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out of the proceeds of the debt (the Bonds) to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defmed in Section 1,150- 1 (h) of the Regulations. e . . d. This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 3. Budgetaty Matters. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent fmancing for the expenditures related to the projects other than pursuant to the issuance of the Bond. This resolution, therefore, is determined to be consistent with the City's budgetary and fmancial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 4. Filing, This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during the normal business hours of the City on every business day until the date of issuance of the Bonds. 5, Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocating shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the bonds, and under any applicable state statue, which would apply to the unspent proceeds of the Bonds, Adopted this day of , 1995. Jay 1. Kimble, Mayor ATTEST: Modi Weldon, City Clerk ~ .. -, e! ~ e ... Project Description L.I. 309 - Wildwood Pines L.I. 313 - Calibre Ridge . . ExmBIT A Estimated Cost $ 96,269 $234,396 e e l._'''' ,,-' '. . . CITY OF STILLWATER MEMO TO: Mayor and City Council ~p FROM: Diane Deblon, Finance Director DATE: August 30, 1995 SUBJECT: Tax Forfeit Parcels The city has received notice from Washington County of the tax-forfeit parcels available to the City of Stillwater. Public Works Department recommends acquiring four of the parcels for city purposes. Maps are attached, with three parcels being used for Drainage R.O.W. and one parcel for open space area. There is no fee associated with acquiring the parcels, however, two parcels have been assessed as part of the Myrtle Street Drainage Project. The two parcels were tax-forfeit prior to the assessment and the city will probably never collect these amounts ($450.85 and $869,51), anyway. 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I I. e e . . ~# CITY OF STILLWATER MEMO DATE: August 31, 1995 TO: Mayor and City Council FROM: Klayton Eckles, City Engineer ll.!. / SUBJECT: Purchase of a Street Sweeper Attached are two proposals received for the purchase of the mobile street sweeper. One proposal includes a $7,500 trade in allowance for the 1978 street sweeper, the other proposal includes a $25,000 with the trade in of the flush truck. The price of the sweeper itself is based on the state bid documents. RECOMMENDATION Council approved the purchase of the street sweeper at the prior meeting, Recommend council choose one of the two trade-in allowances listed above and pass a resolution approving the purchase of a mobil street sweeper from ABM Equipment. . . e Equipment & Supply Inc. 333 2ND STREET N.E. HOPKINS, MN 55343~8337 612-938-5451 FAX 1-612-938-0169 WATS 1-800-229-5451 Custom Truck Equipment for the Utility, Construction, Municipal and Refuse Industries Quotation #081795-613-02 August 29, 1995 City of Stillwater Public Works Department 216 North 4th Street stillwater, MN 55082 ~ Attention. Klayton Rckels Dear Klayton. In response to your request for pricing on a new street sweeper, I am pleased to submit the following for your consideration. One (1) 1995 Athev Mobil Model H9B ABD-2 '-Wheel Street SweeDer with the tollowinq equipment~ Der State of Minnesota Bid Number 8 79094 03011. 4-Wheel Design. Dual gutter brooms. Bot.tom dump. Single engine Cummins Diesel. Air conditioning. Strobe lights with limb guards. Rear axle suspension. Front shock absorbers Air broom oontrols. Premium suspension seats. Radial tires. Eleotronic back-up alarms. Complete set of manuals. AM/FH Radio. I / I PRIes AS DESCRIBEp, FOB STILLWATER. MN TRADE-IN OF 1978 MOBIL SWEEPER HIHNESOTA 6.5\ SALES TAX TOTAL PR~CE AS DESCRIBED $106.656.00 (7 , 500 . 00 ) $ 6.445.14 $105,601.14 X e Bringing you the best names in the business An Equal Opportunity Employer . . Equipment & Supply Inc, ~ 333 2ND STREET N.E." HOPKINS. MN 55343-8337 612"938-5451 ... FAX 1"612-938-0159 ., WArs 1-800-229-5451 Custom Truck Equipment tor the Utility, Construction, Municipal and Refuse Industries Quotation #081795-613-1 August 2~, 1995 City of Stillwater Public Works Department 216 North 4th Street S~il1water, UN 55082 Attentions Klayton Eckels Dear Klayton. In response to your request for pricing on a new street sweeper, I am pleased to submit the following for your consideration. One '1) 1995 Athey Mobil Model M9B ABO-2 4-Wheel Street Sweeper with the followinq equi~ment. per State of Minnesota Bid Number B 79094 03011. 4-Wheel Oesign. Dual gutter brooms. Bottom dump. Single engine Cummins Diesel. Air conditioning. Strobe lights with limb guards. Rear axle suspension. Front shock absorbers Air broom controls. Premium suspension seats. Radial tires. Electronic back-up alarms. Complete set ot manuals. AM/FM Radio. PRICE AS DESCRIBED. Foa STILLWATER. HN TRADE-IN OF F-700 FORD AND STREET FLUSHER MINNESOTA 6.5\ SALES TAX TOTAL PRICE AS DESCRIBEO S106.656.00 (25,000.00) $ 5,307.64 $ 86,963.64 e Bringing you the best names In the business An Equal Opportunity Employer . . . August 24, 1995 Ms. Modi Weldon, City Clerk City of Stillwater BCWMO Member City 216 North 4th Street Stillwater, MN 55082 Subject: 1996 Brown's Creek Watershed Management OrganiZation Budget Request. Dear Modi: Every year prior to September 1st the Brown's Creek Watershed Management Organization (BCWMO) notifies all member communities of the next years budget request. As you are probably aware, BCWMO is contemplating a comprehensive study due to flooding and environmental issues present in the watershed. Recently you should have received a letter requesting your support for the preparation of this study, Most communities have already indicated they will support the preparation of this report. The anticipated cost to WMO for the study has now been included in the 1996 budget request. At the August BCWMO meeting the 1996 budget was approved with total expenditures of $35,432.82, The cost for the BCWMO budget is split amongst member cities based on a formula which uses area population and tax capacity, Using the formula, the total 1996 budget contribution for the community of Stillwater will be $12,910.17. This amount includes the anticipated cost of the hydrologic and hydraulic study of Brown's Creek all yearly operating expenses. In addition, some communities have not contributed the $200,00 contribution for the scoping study done earlier this year, therefore, for some communities an additional $200,00 is due to the BCWMO, Payments to the BCWMO are normally made in two installments, one in January and one in July, Some communities have already submitted payments for their portion of the proposed study, The city of Oak Park Heights has submitted $1,200,00 and Stillwater Township has submitted $2,400.00, Therefore, these communities need not pay the remainder of their balance until July 1996. Note that a more accurate accounting of each city's contribution will be sent out as part of the January bills. At this point this information is being provided for communities in order to allow for budgeting for 1996, CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 It is possible the dollar amounts could be somewhat reduced if a member community were to protest the dollar amounts. The Joint Powers Agreement, which all communities have signed, includes language regarding a budget cap based on a mill rate formula, This budget cap can be exceeded if there is no objection from member communities. Since mill rate formulas are no longer used, the language of the Joint Powers Agreement is somewhat outdated. It does appear that the overall 1996 budget for the BCWMO of $35,432.82 might be as much as $10,000,00 over the maximum according to the Joint Powers Agreement using a conversion formula for the mill rate. Therefore, the actual bill for the 1996 budget sent to member communities may be reduced subject to comments from members cities. Please review this information and notify the WMO if you have any questions or comments, Sincerely, J. Klayton Eckles Brown's Creek WMO Chairperson cc: Barb O'Neal, Commissioner e . . . . i. , Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: September 5, 1995 Subject: Request for Liquor License - Grand Restaurants of Stillwater, LLC Mr, Ronn 1. Heeter has applied for an On-sale and Sunday On-sale Liquor and Wine license for Grand Restaurants of Stillwater, LLC, The restaurantlbar would occupy the space in the Grand Garage previously occupied by Estebans. Approval should be contingent upon completion of all required forms, receipt of license fees, and police department investigation approval. ,From: s.Pecial Event Catering To: Fax#9267145 Date: 9/4/95 Time: 19:12:52 . Page 1 of 1 Smokeriere Smoked Teasers . Oysters S1. Croix, from 1he smoker . . Shrimp, dilled remoulade sauce and . Com Relish. . Smokin' Spicy Chicken Wings . . Wann Atlantic Salmon, caper mustard sauce . . Smoked chicken or Beef Quesadillas . Seasoned Green Beans with . smoked chicken and garlic . I . Smoked Chicken Relleno, pablano Smoked Entrees . Beef Brisket, H oltse Special . . 10 bone S1. Louis Rib Platter . . 5 Bone S1. Louis Rib Platter . . . Smoked half of Chicken . Combo Platter, Ribs, Chicken and . -- .. ",'--- __n .. --Brisket-- _nO . Salmon Fillet with chipolte . remoulade sauce . . Smoked Venison Sausage . Entrees . . Smoked Ribeye Steak . New York Strip Steak with smoked portabello mushrooms . . Honey Marinated Smoked Pork . Chops . Rack of Lamb with Rosemary, . Shittake sauce . Honey Tequila Chicken . . Sauteed breast of Chicken with smoked soubise sauce . . Shore Fried V\T alleye Pike Platter . i. Desserts . Chocolate Finale' . I . Jack Daniel's Bread Pudding . Strawberry Short Cake . I Appiteasers Shrimp Cocktail, Tequila lime sauce Ceviche, salmon, shrimp and scallops S1. Croix Boudin, sausage with bell peppers and onions. Roasted Mussels, Shrimp &Sausage, with bell peppers and onion Lobster Bisque with a Hint of Sherry Craw Daddy's with herbed garlic butter Salad and Vegetables Smoked Chicken Caesar Caesar Salad Assorted Greens and vegetables with Balsamic vinaigrette Roasted Vegetables with olive oil ____nO__,__, -and Sherry wine,ViB~gaF- , , Sauteed Shiitake Mushrooms Smoked Portabello Mushrooms Roasted Vegetables with Smoked Mushroom Platter Beer Battered Fried Onions Potatoes and Pastas Smashed Garlic Potatoes Baked Potato with butter and sourcr~am Cayemle Fettuccine with Smoked Chicken Cream sauce Shell Pasta with smoked seafood with pesto FettucllUli Alfredo Fettucinni Alfredo with Chicken New York Cheese Cake with Raspberry Sauce Hot Fudge Sundae '" . . . .. No. 263 - Application lor "ON SALE'" Licens. fOf Intoxicating Liquor. BUSINESS RECORDS CORPORATION, MINNESOTA "ON SALE" a,tatt of '-inntiota, COUNTY of,LJI1SHl^.!fp,[QN,, l "" ( .1lU.YICINJLlTY OF Sill/WATER, .. ... .. ~ .~.....,.........,. ...".......... TO THE GOf/'ER.vINO BODY OF THE ,1BOVE ,",l.llED .llUNICIP,4LITY: Pursuant to ChapteJ' 46 of the laws of .1linnesofa, Speeial Ses,~ion of ],9/33-4 . . ,GR.I1NQ,Re$TA~B.4~!S 9r$rll /l./4'tE~1 L L <-:.. . (t4/1//ll~ fA) heJ'eby appl .;.c~for a license, for the fel'nt of f1'om the ,./SoO.CI) day of "Oc.T(/I3Et:.1915, to sell intoxicatind liquors a,~ dep'ned by law at retail only fm' consumption "O,\' THE PRE,J[JSES" described as follou's: ,,~'"?tf, .$o~thMAIt!~., 5.1"/ 11t.!;tf.,lf.e,. /44N~S$otf' Z-- ., ..in said municipaLity, on which pre!'!iSes",7i6~",controL ' ,.Ji}stA4f.eAAlt!l?a.Jc, '" ,; aJ/d to that end he1'eby rep1'esent and operate a and state That said municipality is a... r4"t"'L)~&s'$ ~"7;Y, which has a poPlllation of .,. ,.,.and which does not maintain an e,r:clush'l' liquor store; That said." .!2ES.:t"BU.R4MI/L5.Ag"" ." ....is an establisl/Jnent having a resident proprietor and mana~er and thc following equipmellt an{l facilities, i. ;. That said applicant ",,/l.gl;.., , citizen.Lof the United Stat/J8"",4.&E"",over twenty-one years of age".,..,.",It,(,E., of good moral character and repute,.,., "."I.:IA..~E"",not, since the enactment of the act above specified, been COnl.icted of any wilfl~l violation of any law of the United States, or of the State of .'finnesota, or of any local ordinance, with regard to the manulactl~re, sale, distribution, or possession for distribution or sale, of intoxicatin~ liquors, and that no lice1t8e i88ued to.. ..:t7!.!{;.."'J........, under saitl act has ever been revoked: 7'hat no manufacturer 01' wholesaleJ' will own or control, or has any financial interest in, the business of selling intoxicating liqu01's at 1'etail on said premises, nor power to exact or require, by con- tl'act, understanding or otherwise, said applicant..;> . .to handle or sell only the products of such manu- factllreJ' 01' wholesaler: Thnt no other retailer's license has been issucd, directly or indirectly, to said applicanL.,:[..or for sahl premises; that no lice1t8e of a class other than lle1'cby applied for has been issued to any person at said premises; and that said premises a1'e ueithe1' olcued 01' controlled by any pel'son to whom no license could be issued: That said premise" are not within any aJ'UI within which the sale of intoxicating liquors is pro- hibited by the laws of the State of ,Jlinnesota, the pl'ovisions of any charter, ordinance or special law, 01' through zoning ordinances, proceedings or legal proce8B regularly held for that purpose: 7'llat said applictwt. "i..hereby agree . . that any license tranted pursuant hereto shall be non- tl'ansfcrable without co1t8ent of the allthority issuing the same; that said license shall not be effective Ilutil ({ permit shall be issued WIde" the laws of thc United States in case such permi,t is required under ,.oirT law..; an/l that+h<.,. will 'keep said license posted in a conspicuous place in said premis/J8: That this application is mode pUl'mant and sllbject to all the laws of Minnesota, the laws of the C"ifed Stofcs, the ordinances and regulations of sairT 1II1lnil'ipality, and the regulations of the Liquor {"J1Itro/ Cornmis,~ione1' of .Jfinnesota, relafing fo fhe ,'fllc and places of sa.le of intoxicatint liquors, all of ",hich (Ire hCI'eby made a part hereof, and which /i,~;Y' hereby agree. .to observe and obey, '" ,. Minnesota Department of Public Safety Uquor Control will not apptf&)ibl-4 (7/93) LIQUOR CONTROL DIVISION rSlea~ any license until the $20 190 5th St. E., St. Paul, MN 55101 , RetaIls,s Identification Card fee (612) 296-6434 TDD (612) 297-2100 IS received by MN Liquor Cont I ro, APPLICATION FOR COUNTY OR CITY ON-SALE WINE LICENSE NOT TO EXCEED 140/0 OF ALCOHOL BY VOLUME EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application, If a partnership, a partner shall execute this apPlication.. ( p.t. (l t? i,J ~ /' Applicants Name (Business, Partnership, or ration GRAI,/O ResfAv"ANts of Sl;llwA"/E. Jt-lfu /7 550 g'2- To apply for sales tax number call 296-6181 or 1,800-657-3777 Trade Name or DBA LICENSEE'S SALES & USE TAX 10 NUMBER Business Address Business Phone Applicant's Home Phone ( 0/ Z ) q 25 -If /)(~-S County U!/I!>J{IH (; To.AI Is this application If a transfer, give name of former owner New 0 Renewal 0 Transfer f a corporation. give name, title. address and date of birth of each officer, If a partnership, give name, address and date of birth of each partner, Address Partner/Officer Name and Title ' Address Certificate number Is corp ration authorized to do business in Minnesota? ,Yes 0 No CORPORATIONS BUILDING AND RESTAURANT fli?Ac.e or Stilt w,qttr. LLC Owner'S8ddress t ~R Prt~. 3100 t:>~A.v C.s>Uy No, of months per year restaurant will be open I Z service be the principle business Yes 0 No Hours food will be available No, of people restaurant employs /O..3()AM- /2:f?./I1. €s, () Describe the premises to be licensed If the restaurant is in conjunction with another business (resort, etc,). describe business OTHER INFORMATION 1. Have the applicant or associates been granted an on-sale non-intoxicating malt beverage (3.2) and/or a "set- up" license in conjunction with this wine license? DYes 0 No 2, Is the applicant or any of the associates ~ this appJication a member of the county board or the city council which will issue this license? 0 Yes ~No If yes, in wh 3. During th~ summons, 4. Has the applicant or any of the associates in this application been convicted during the past five years of any violation of federal. state or local liquor laws in this state or any other state? 0 Yes ~ No If yes. give date and det~ils. .... 5, Does any person other than the applicants. have any right. title or interest in the furniture. fixtures or equipment in the licensed premises? ~ Yes 0 No If yes. give names and details. YE.5 - 50 yY7.L Rl.l.s11:.v.v If,tVf e1uI f m<. n T LJ 11/ t3L_ L~ASUJ , 6, ~ve the apPlic.ants any interest. s, directly or indirectly, in any other liquor establishments in Minnesota? ~ Yes 0 No If yes. give name and address of the establishment. 10m (;o7Rf4U Curren/It 114N4t;.;E;'1l. 01' hll/II R&mA-,I7)~/ 10/ /lmer/c4 AI+hf1i.u/1? /IJo-f 1''11/ t.lpu..D~ L U1i!.fKL . I I CERTIFY THAT I HAVE READ THE ABOVE QUESTI TO THE BEST OF MY OWN KNOWLEDGE. HE ANSWERS ARE TRUE AND CO RECT ~ Date, The Licensee must have one of the following: CHECK ONE ~. A. Liquor Liability Insurance (Dram Shop) - $50.000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100.000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM. f'<. /J P/J'l/? OR o B. A Surety bond from a surety company with minimum coverages as specified above in A. OR o C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of $100,000 or $100.000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY I certify that to the best of my knowledge the applicants named above are eligible to be licensed. 0 Yes 0 No If no. state reason. Signature County Attornev County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant. and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor. except as follows Police. Sheriff Depa"ment Name Title Signature IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL.! STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR I INFORMATION, CALL 612-290-3496. - e . . MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Aiple property- lease renewal request DATE: September 1, 1995 Accompanying this memo is a letter the City received from Elayne Aiple requesting consideration for the renewal of the lease held by Aiple Barge and Towing. This item will be discussed by the Stillwater Port Authority at their next meeting which is scheduled for 3:30 p,m, Wednesday, September 6, 1995. I would recommend that the Council refer this item to the Port Authority for their review and recommendation. 1J;jJ1 . . STILLWATER ST. CROIX BARGE TERMINAL CO. 133 SOUTH WATER STREET ~ @ ~ DW ~ ~ ~ STillWATER, MINNESOTA 55082 D ~ PHONE: 439-6060 . 2. :~\ InS. Terminal ~ Founded 1928 August 21, 1995 l~~~I~t~ Stillwater City Mayor and Council City Hall Stillwater, Mh. 55082 RE: Stillwater St. Croix Barge Tenninal Co. contract with the City of Stillwater scheduled for re-negotiation in September of 1998 Dear Mayor and Council: We are writing to make ourselves heard regarding the future of our Company when our September 1998 contract is due for re-negotiation. OUr concern has come because our property has been taken over on the south end, little by little each year, by SUnnyside Marina. As I am sure you are aware they have taken over approximately 75 feet of our property. On the north end we seem to be invaded by St. Croix Boat and Packet Co. Especially in the last few years it has been obvious to us that more and more activity has been going on, on our north end and south end. In between we are attempting to keep up with our business as usual without making any noise to the City. It is our hope to continue our business contract with the City by re-negotiating a new contract and we hope that will be your wish also. Please take into consideration that both parties have had a good working relationship in the last 37 years and are planning and hoping to continue on in that fashion. We feel very strongly that our existing contract with the City should have 'grandfather' rights over any future plans that may be brought for the City'S consideration. We are a small but busy business with contract responsibilities to other companies. Please let us know what the City of Stillwater's thoughts on this matter are and we will be anxiously waiting for a reply. Very truly yours, STILLWATER ST. CROIX BARGE TERMINAL CO. ~f'~ Elayne J. Aiple e e e ,'.- .... . . CITY OF STILLWATER MEMO TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: August 30, 1995 SUBJECT: Back billing for sewer service It came to my attention and was confirmed by the Water Department that the Sutherland's and Russell's were hooked up to city sewer service and not being billed for the service. After further discussion with the Water Department, it was determined that these two properties have their own well and previously had a meter attached to the well. Apparently, the meters tend to get plugged frequently and were ultimately removed in 1990. I believe that when the meters were removed, the city discontinued billing for sewer service. (prior to this time, the meter was used as the basis for the sewer billing.) After discussing the issue with city attorney Magnuson, I sent out a letter (copy attached) to both parties notifying them of the additional amount due for sewer service, . . .,- "'''. ~ August 17, 1995 - Jay Kimble, Mayor Stillwater City Council 216 N. Fourth Street Stillwater, MN 55082 Dear Mayor Kimble, When we received our most recent bills for garbage and sewer there were .past dueu charges on them with no explanation of what they were for, On inquiring, we were told that we had not paid our sewer bills since April of 1990. After a number of phone calls on August 1 and 2, letters (dated August 3) were sent to us informing us that we had not been billed for sewer charges since that date in 1990. We have always paid promptly and in full the bills that were sent to us, so it was a real shock to receive this one (especially for the Sutherlands, who were initially billed over $2,000 - later corrected to $780.) We feel that this is in no way our fault, that it is the City's error, Therefore we are asking that the charge be abated. At the suggestion of our ward councilman, Eric Thole, we are bringing this matter to the attention of the City Council. If it is necessary for us to appear at a Council meeting, please let us know by calling Nadji Sutherland at 439-1769. Thank you for your attention. Sincerely, Viola and James Russell 921 N. Second Street e - illwater - - ~ THE BIRTHPLACE OF MINNESOTA ~ . May 16, 1995 Mr. Wayne Norman 1281 W. Orleans Street Stillwater, NfN 55082 Dear Mr. Norman: It has just come to our attention that you had previously hooked up to the City of Stillwater sanitary sewer system on October 6, 1992. The City of Stillwater has an established minimum sewer charge of$39.00 per quarter for all residences hooked up to the sanitary sewer system, Unfortunately, you should have been receiving a quarterly sewer bill for the use of the sanitary sewer from the time of your hookup (Oct. 6, '92). The city has calculated the amount of the sewer charges from October 1992 as follows: Oct. - Dec. 1992 Jan. - Dee, 1993 (4 qtrs..@39.00) Jan. - Dec. 1994 (4 qtrs. @39.00) Jan. - March 1995 April- June 1995 $39.00 $156.00 $156.00 $39.00 $39.00 TOTAL: $429.00 Normally, the charges are due when the bill is received, but because of the hardship that the payment of this amount may present, the city is willing to accept other payment arrangements to ' accomodate your payment in full of this amount. You may indicate on the billing your method for payment or feel free to contact me regarding this matter, Thank you. St1er~IY, flU} ()j{~ f/M- ~ Diane Deblon Finance Director Ie CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . August 3, 1995 r illwater ~ ~ TH;:-IRTHPLAcE OF MINNESOTA ~ Mr. James Russell 921 N. 2nd Street Stillwater, MN 55082 Dear Mr. Russell: It has just come to our attention that you have not been billed for your sewer service since April 1990. Unfortunately, you should have been receiving a minimum quarterly sewer bill from July 1990 to the present. The city has calculated the amount of the sewer charges from July 1990 as follows: July - Dec. 1990 (2 qtrs, @ $39.00) Jan. - Dec. 1991 (4 qtrs. @$39,OO) Jan. - Dec. 1992 (4 qtrs. @$39.00) Jan. - Dec. 1993 (4 qtrs. @$39.00) Jan. - Dec. 1994 (4 qtrs. @$39.00) Jan. - Dec. 1995 (2 qtrs, @$39.00 TOTAL: $78.00 $156,00 . $156,00 . " $156,00 $156.00 $78,00 $780,00 Normally, the charges are due when the bill is received, but because of the hardship that the payment of this amount may present, the city is willing to accept other payment arrangements to accommodate your payment in full of this amount. You may indicate on the billing your method for payment or feel free to contact me regarding this matter. Thank you. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ....1 ~ e e e illwater -- - ,~~ THE BIRTHPLACE OF MINNESOTA J . August 3, 1995 Mr. John Sutherland 902 N, 2nd Street Stillwater, MN 55082 Dear Mr. Sutherland: It has just come to our attention that you have not been billed for your sewer service since April 1990. Unfortunately, you should have been receiving a minimum quarterly sewer bill :from July 1990 to the present. The city has calculated the amount of the sewer charges :from July 1990 as follows: July - Dec. 1990 (2 qtrs. @ $39,00) Jan. - Dec. 1991 (4 qtrs. @$39.00) Jan. - Dee, 1992 (4 qtrs. @ $39.00) Jan, - Dec. 1993 (4 qtrs. @$39.00) Jan. - Dec, 1994 (4 qtrs. @$39.00) Jan, - Dec, 1995 (2 qtrs. @$39.00 $78,00 $156.00 $156.00 .' $156.00 $156.00 $78.00 TOTAL: $780.00 Normally, the charges are due when the bill is received, but because of the hardship that the payment of this amount may present, the city is willing to accept other payment arrangements to accommodate your payment in full of this amount. You may indicate on the billing your method for payment or feel :free to contact me regarding this matter. Thank you, e Jre~ ~ Diane Deblon Finance Director CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 DONALD L. BEBERG e CHIEF OF POLICE . TIMOTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E M 0 RAN DUM FROM: D,L. BEBERG, CHIEF OF POLICE By TO: MAYOR KIMBLE AND THE CITY COUNCIL DATE: AUGUST 17, 1995 RE: RESPONSE TO BARRICADE N, 2ND ST. FOR A BLOCK PARTY -------------------------------------------------------------------- I TALKED TO FIRE CHIEF NESS AND WE BOTH AGREE THAT THIS WOULD BE OK AS LONG AS THE RESIDENTS UNDERSTAND THAT IF POLICE OR FIRE HAVE TO GET THRU THERE THEY WILL HAVE TO MOVE ANY BARRICADES THEY HAVE PUT UP, WE ALSO DO NOT ASSUME ANY LIABILITY IF THERE IS AN ACCIDENT RELATED TO THIS SPECIAL REQUEST. THE RESIDENTS SHOULD BE ADVISED THAT THEY WILL HAVE TO CONTACT PUBLIC WORKS AND MAKE ARRANGEMENTS TO GET AND RETURN STREET BARRICADES, (THIS IS IN REFERENCE TO THE LETTER SENT TO THE MAYOR/COUNCIL DATED AUGUST 16 WHERE SEVERAL NORTH HILL RESIDENTS REQUEST BARRICADING OFF NORTH SECOND STREET BETWEEN WILKINS AND STILLWATER AVE. ON SATURDAY, SEPTEMBER 30TH BETWEEN 2:00 PM AND DUSK). C95-59 e 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456 Police Response I Assistance: 911 . . e August 16~ 1995 To: Stillwater City Council From: Tom and Mary Ann Pedersen Julie Kilpatrick Rex and Ann Martin Jim and Elaine Pederson Don Empson Caro 1 Murray Bob and Pat Lockyear Kathy Vadnais Re: North Hill Block Party We request permisslon from the Council to block off a section of North Second Street on September 30, 1995 from 2:00 pm until dark to faciJJltate neighbors meet1ng, celebrat1ng, and connect1ng with one another. We would lIke to make this extra efort to encourage and perserve the small town neighborliness whIch has been one of the charms of Stillwater. The street involved would be North Second between Wilkins and StIllwater, The owners of houses on this street are being Included In the planning. Please consider this request at the counci I meetlng on September 5. '1-t:Vv , 3rA- '~ ~ 1 J --l Vi e . 3490 Lexington Avenue North St. Paul, MN 55126-8044 F: ~r<~.'!?- ~.~;f .~; -..~1 ';j August 14, 1995 FROM: Mayors, Managers, Administrators, Clerks Councilmembers c/o City Clerk James F. Miller, Executive Director ~ fYJ ~ L"'~"'ue"'~ "";......---~... ,..;~;-- "gnr: n__;--a' ..--~'ing~ ""Q~ v. "illlll.C>:IVLO '-'mc\:! I ;:),J I'\C~IUII .1 IVIt:t:ll ~ TO: ClIO I. VVLlU. Again this year the League of Minnesota Cities will hold twelve regional meetings to bring city officials together from throughout Minnesota. At these meetings current policy issues will be considered, as well as practical questions concerning the problems you face. We cordially invite you to attend a regional meeting and to join in our discussions. This year, the League's regional meetings are scheduled in Ely, Aitkin, Anoka, Greenbush, Mcintosh, Henning, Stewartville, Owatonna, Winthrop, Fairmont, Willmar, and, Pipestone. You may receive an invitation from more than one host city, depending upon your location. Please feel free to choose the one which best fits your schedule. The afternoon program will begin at 2:00 p,m. and cover important topics such as liability issues involving contracts, tobacco and.smoke free communities for children, legislative issues and LMC's information system. The social hour is scheduled to begin at 5:00 p,m., followed by dinner at 6:00 p,m. The evening program will include a presentation the League's Strategic Plan, and a video presentation dealing with difficult personnel situations. A round table discussion and a question and answer period on personnel issues will fOllOW. I hope you will be able to join us at one of our regional meetings. If you plan to attend, please RSVP the city contact person identified on the attached regional meeting schedule to make your reservations. Come for the afternoon, the evening, or both. I look forward to meeting you there. e AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490,5600 1-800-925-1122 TDD(612) 490"9038 Fax (612) 490-0072 . . ,,' . 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 e 1995 REGIONAL MEETING SCHEDULE QAIE g:ry ELY Kennedy Cafeteria F acUities 600 E Harvey Street Ely, MN 55731 Patricia Wellvang 218/365-3224 LOCATION/CONTACT PERSON September 26 September 27 AITKIN American Legion Club 20 First Avenue NW Aitkin, MN 56431 Ross Wagner 218/927-2527 September 28 ANOKA Greenhaven Country Club 2800 Greenhaven Drive Anoka, MN 55303 Mark Nagel 612/421-6630 October 3 GREEN BUSH Greenbush Community Center 244 Main Street North Box 98 Greenbush, MN 56726 WyAnn Janousek 218n82-2570 October 4 MC INTOSH Centennial Community Center 115 Broadway NW Mcintosh, MN 56556 Ann Lohse 218/563-3043 October 5 Henning Public School/Community Room Henning Community Center/Evening 607 2nd Street Henning, MN 56551 Wilma Morse/Sarah Ebeling ~ 218/583-2402 .. HENNING (OVER) AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (6121490-5600 1-800-925-1122 TDD (612) 490-9038 Fax (612) 490-0072 PAGE 2 . . 1 .. 1995 REGIONAL MEETING SCHEDULE e QAIE CITY LOCA TION/CONTACT PERSON October 17 STEWARTVILLE Stewartville Civic Center Intersections of Highway 63 & Highway 30 Stewartville, MN 55976 Cheryl Roeder 507/533-4745 October 18 OWATONNA Ramada Inn 1212 North Interstate 35 Owatonna, MN 55060 Jim Moeckly 507/451-4540 October 19 WINTHROP Community Center 305 North Main Street Winthrop, MN 55396 Samuel Shult 507/647-5306 October 24 FAIRMONT Holiday Inn-Fairmont Junction 1-90 & Highway 15 Fairmont, MN 56031 David Schornack 507/238-9461 October 25 WILLMAR Holiday Inn 2104 E Highway 12 Willmar, MN 56201 Kevin Halliday 612/235-4913 October 26 PIPESTONE Pipestone Country Club 1003 8th Avenue SE Pipestone, MN 56164 Joan Lange 507/825-3324 e . . CITY HALL · 2015 FIRST AVE. NO. · ANOKA, MINNESOTA 55303-2270 PHONE (612) 421-6630 · FAX (612) 421-9194 · TrY (612) 422-0442 D [g@[gO W~T~" Office of the Mayor 0311995 August 30, 1995 Dear City Official: I wish to extend a cordial invitation to attend the League of Minnesota Cities regional meeting hosted by the City of Anoka on Thursday, September 28, 1995, at Greenhaven Country Club (map enclosed) . The afternoon program will begin at 2:00 p.m. and cover a variety of subjects, These discussions will include subjects of an important nature, both locally and statewide. The Regional Meeting program is enclosed. There will be adequate time in the afternoon program for open discussion of local issues ~- bring your questions or concerns to the meeting for discussion. The afternoon program will conclude by 5:00 p,m., followed by a social hour. Dinner will be served at 6:00 p.m. Following a welcome to our city, LMC President Karen Anderson will address the audience regarding the organization's focus for the coming year. After the president's message, the League will present its new video on dealing with difficult personnel situations, followed by a discussion _ on personnel issues. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify Deb Young or Jessica Morgan at Anoka City Hall at 421-6630 by Monday, September 25th. Unless registrations are canceled, it will be necessary to bill your city for those who did not attend and did not cancel. If anyone from your city needs special accommodations or has special dietary needs, please advise us so special arrangements can be made. I look forward to seeing you on Thursday, September 28th! On behalf of the Anoka City Council, I. p~-t.~ ~- Peter M. Be~rg - r Host Mayor Enclosures (dy\lmc-inviration) - AN EQUAL OPPORTUNITY EMPLOYER - Greenhaven Country Club e ANOKA AREA MAP ..... .,. t %: ,; > Gi c: o . c: :i! '.i:.'. N . . . :~--t-~ E , S HWY10 eft fD .. o ~ N t :t t :t From Highway 10: Take Highway 10 to Greenhaven Road exit. Go north on Greenhaven Road to the clubhouse. From Highway 169: Take Highway 169 North through Anoka . to Highway 10 West. Take Highway 10 West to Gree,nhaven Road exit. Take a right on Greenhaven Road to the clubhouse. , ~' ~ e e e City qJ AnolcQ, Thursda,y, September 28, 1995 We will have city officials attending the regional meeting in Anoka and we agree to pay for these meals unless the City of Anoka is notified of any changes by Monday, September 25, 1995. NAMESITITLES OF PERSONS ATIENDING: (please furnish names of people attending so that name tags can be prepared) PERSON MAKING RESERV ATION(S): CITY: PHONE: ( ) * Number of attendees x $10,00 registration fee Number of attendees x $15.00 dinner TOTAL PAYMENT ENCLOSED $ Please make checks payable to CITY OF ANOKA and return with registration form to: Deb Young CITY OF ANOKA 2015 First Avenue Anoka, MN 55303 * $10.00 registration fee applies only to the first ten registrants. There is no charge for more than ten registrations from one city. WANT TO GOLF NINE HOLES BEFORE THE DAY BEGINS? ... Call Jon Bendix, 427-3180, at the Greenhaven Golf Course if you are interested. Let him, or anyone on his staff, know you're with the LMC group so they can set you up with other LMC players. . . 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 2:00-2:30 p.m. 2:30-3:00 p.m. 3:00-3:15 p.m. 3:15- 3:35 p,m. 3:35-4:00 p.m. 4:00-5:00 p.m. 5:00-6:00 p.m, 6:00-7:00 p.m. 7:00-7:15 p,m, 7:15-7:30 p.!11" ' 7:30-7:45 p,m. 7:45-8:30 p.m. 8:30-9:00 p,m, 9:00 p.m. . 't e 1995 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM ' LMC Information Systems UpdatelTelecommunications Barb Gallo, LMC's Director of Technology Services Liability Issues Involving Contracts LMCIT Staff Break Legislative Issues at the Upcoming Session IGR Staff Tobacco and Smoke Free Communities for Children Minnesota Department of Health Staff Discussion by cities attending of City Achievements Moderator: Tom Thelen, LMC Field Representative Social Hour Dinner EVENING PROGRAM Introduction by Jim Miller, LMC Executive Director Welcome by Host City Mayor Pr~so..,tati"n of I "A(,'~ C.r,....-:-....j" 01....... . _ ......... ..._. ..........., ~ "-... (,.,i.i.~~."" ~ _..II' (LMC2000: Service and Leadership) Karen Anderson, Mayor, Minnetonka President, League of Minnesota Cities A video dealing with difficult personnel situations Roundtable discussions of difficult personnel situations Response to roundtable discussions questions Adjourn AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER e (6121490-5600 1-800-925-1122 Fax (6121 490-0072 TOO (612) 490-9038 e e . . STILLWATER TOWNSHIP August 24, 1995 F'y, Chair: Bergeron 7:30 p.m. Regular Meeting Aqenda: Adopt Minutes: Approve Minutes - August 10, 1995 Treasurer: 1. Report 2. Checks/Claims Attornev: 1. Rivard Update 2. Jacobsen Update 3. Browns Creek Agreement Planner: 1. Mike Gair will not be present Enqineer: Public Works: Clerk: ,1. Miscellaneous Committees: PeoDle - 8:30 P.M. 1. Peace Officer 2. Rosemary Ranalla 3. Rod Pederson 4. Joe Haines Old Business: 1. Letter re: Park on McKusick New Business: Notes: 1. Sept. 14 Meeting MNDOT re: County 5 & 36 August 21, 1995 Pat Bantli ",~ , l . . . FYb METRO MEETINGS A weekly calendar of lD'JPli1'lg.'l and agenda items for the Metropolitan Council, its advisory and standing committees. and three n:giooal cxmmissioos: Metropolitan Airports Commission. Metropolitan Paries and Open Space Commission. and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally chang~ Questions about meetings should be directed to the appcpiate organizatioo. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem. through the Twin Cities Computer Networlc at 337-5400. DATE: September 1. 1995 WEEK OF: September 4 - September 8, 1995 METROPOLITAN COUNcn. LABORDAYIHOLIDAY. Monday, September 4. Special MeetinglTransportation Committee - Tuesday, September 5, 4 p.m., Chambers. The committee will consider: schedule and process to revise Transportation Policy Plan; 1996 Unified Planning Work Program; 1996 transit tax feathering; dual track planning; final report on the St PaullEast Metro reverse commute study; agency unified capital budget process; and other business. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, September 6, 9 am., Chambers. The committee will consider: alternative growth scenarios; discussion of pros and cons of a five-year Transportation Improvement Program; discussion on the revised criteria for the next regional solicitation; and other business. Transportation Accessibility Advisory Committee - Wednesday, September 6, 1 p.m., Room IA. The committee will consider: lift-equipped route prioritization briefing; funding overview of Opt-Out bus system; transportation/disability legislative team update; Seward Circulator demonstrator project update; Metro Mobility operations report; and other business. Transit Redesign Leadership Forum: "Improving Cost-Effectiveness of Transit" - focus group discussion session for transportation groups and Council staff (space limited) - Thursday, September 7, 8: 30 - II :30 am., Holiday Inn-Metrodome, 1500 Washington Ave, S., Minneapolis. Workshop on Polluted Sites Grants Programs - Thursday, September 7,9 a.m., Maplewood City Council chambers, 1830 E. Co. Rd. B., Maplewood. Audit Committee - Thursday, September 7, 2 p.m., Room 2A. The committee will consider: state auditor's audit report and management letter; internal audit reports; 1995 proposed audit plan including special projects; and other business. Fmance Committee - Thursday, September 7, 4 p,m., Room 2A. The committee will consider: authorization of public sale of general obligation bonds, Series 1995B, Park Bonds and Series 1995C, Transit Bonds; authorization to issue and sell general obligation bonds for a current refunding of the Metropolitan Council's 1987B sanitmy sewer bonds, Series 1995D; extension/amendment to Option C of the Voluntary Separation Program; certification of tax capacity rate reduction for 1995 transit taxes for specified cities and towns in ( the transit taxing district; establish payment plan for the city of Farmington to assist with their 1995 sewer charge increase; appointment to Investment Review Committee: Metropolitan Sports Facilities Commission 1996 budget; staff process and levels; and unified capital budget process and schedule. The next portion of the meeting will be closed to the public pursuant to MN Statutes Section 471.705 for a discussion oflabor negotiation issues, The meeting may be re-opened to the public following labor negotiations discussion. The meeting will be closed again to the public pursuant to MN Statutes Section 471.705 for discussion of litigation and settlement issues relating to the following consideration of a proposed settlement in Ronald J. Theisen v. Metropolitan Co1D1Cil, consideration of proposed settlement in Thomas Atkinson v, Metropolitan Council, and consideration of proposed settlement re Jady Daher. The meeting will be re-opened to the public following discussion of litigation and settlement issues. TENTATIVE MEETINGS THE WEEK OF SEPTEMBER 11 THROUGH SEPTEMBER IS, 1995 Workshop on Polluted Sites Grants Program - Monday, September II, 1 p.m., Golden Valley City Council Chambers, 7800 Golden Valley Rd., Golden Valley. Community Development Committee - Tuesday, September 12, Noon, Room lA. Environment Committee - Tuesday, September 12, 4 p.m., Chambers, Housing and Redevelopment Authority Advisory Committee - Wednesday, September 13, 8:30 a.m., RoomlA. Development Scenario Tour of Northern Metro and Adjacent Counties (for Council members and lC)caI officials) - Wednesday, September 13,2 p.m., tour departs from Majestic Oaks, 701 Bunker Lake Blvd., Ham Lake. Northern Metro and Adjacent Counties Community Meeting - Wednesday, September 13, 6:30 p.m., Majestic Oaks, South Cedar Room, 701 Bunker Lake Blvd., Ham Lake. Executive Committee - Thursday, September 14,8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. Providers Advisory Committee - Thursday, September 14, 10:30 a.m., Room lA. Metropolitan Council- Thursday, September 14,4 p.m., Chambers. The Metropolitan Council is located at Mears Park Centre, 230 E, Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (IDD 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, September 5, 4 p.m., Room IA. The commission will consider: a briefing by Minneapolis Park & Recreation Board on completion of Great River Road-final segment in Central Mississippi Riverfront Regional Park; request to transfer $130,000 from Burlington Northern Regional Trail Acquisition Grant to Burlington Northern Regional Trail Development Grant; and other business. Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St Paul, MN 55101. Meeting times and agenda may occasionally be changed. To verify meeting schedules or agenda items, call 291-6363, r , . . . . . I. METROPOLITAN SPORTS FACILITIES COMMISSION ConcessionlMarketing Committee - Thursday, September 7, 8:30 a.m, Commission conference room. The committee will consider: the marketing plan; advertising; A TMs; and other business, The Metropolitan Sports Facilities Commission office is located at 900 South 5th St, Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Judy Somers, 335-3310. METROPOLITAN AIRPORTS COMMISSION Planning and Environment Committee - Tuesday, September 5, I p,m., Regent Aviation, St Paul Downtown Airport. The committee will consider: a briefing on congressional issues; S1. Paul Downtown Airport marketing plan; September AnNE levels; final contract payments on 1994 mechanical modifications and miscellaneous modifications at Lindbergh Terminal, 1995 parking structure rehabilitation; and 1993-95 Part 150 Sound Insulation Program; contract change orders for Southwest Terminal expansion - general construction and GTC MiddIeWest - general construction; contracts bids received for salt storage building modifications, 1995-96 Glycol recovery program, New Ford TownlRich Acres asbestos abatement/demolition and Part 150 Sound Insulation Program August Bid cycle; ratification of acceptance of grant offer; 199602002 Capital Improvement Program; review of upcoming construction project bids; and other business. Management and Operations Committee - Wednesday, September 6, I p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold-Chamberlain Field. The committee will consider: a congressional issues briefing; Budget Task Force update; Finance Sub-Committee update; request to revise public parking rates, effective 10-1-95; bids received for regional terminal shuttle service; Flying Scotchman variance agreement; airport maintenance and operations state aid agreements; bids received for gasoline and diesel fuel; bids received for ice control materials - sand, salt, urea, and sodium formate; Arbitration Award to Fire FighterslFire Driver operators; July budget variance; initiation of Air Canada service; Heads Up; and other business, F'mance Subcommittee - Wednesday, September 6,3 p.m. or immediately following Management &. Operations Committee), Room 301, West Me7.7~nine, Lindbergh Terminal, Wold-Chamberlain Field. The subcommittee will consider investment options and debt management Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186.- " i ,- . . I. @ METRO DIGEST @ A digest of the activities of the Metropolitan Council. Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission and Metropolitan Sports Facilities Commission for the month of August. Call the appropriate commission or operations area with any questions. September 1, 1995 Metropolitan Council The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St Paul, MN, 55101. For more information about Council items, call 291-6359 (!DO: 291-0904). Call the Metro Information Line at 229-3780 for recorded information about Council activities. For information via computer, you may dial (by modem) 337-5400, the Twin Cities Computer Network (fCCN); customer service is 332-2101. ~ Metropolitan Council Council activities in August: Opportunity to serve on area's Transportation Advisory Board The Metropolitan Council is taking applications from Twin City Area residents who can represent either transit, freight movement or non-motorized transportation interests on the regional Transportation Advisory Board (TAB). The positions are newly created ones on a board that helps a number of agencies address the transportation needs of the Twin Cities metro area. In addition to these four at-large seats, six regular vacancies exist on the board, making a total of 10 vacancies, To be eligible for appointment to one of the six positions, candidates must be residents of Hennepin, Carver or Scott Counties, north or central Wasbington County, Lakeville in Dakota County or generally suburban Ramsey County. The new board will have 34 members. Members are not paid, but are reimbursed for miscellaneous expenses. Applications are due Sept 18. For more information, or an application form, call Jan Martin of the Council staff at 229- 2758. Three sites named urban homestead areas Sites in Columbia Heights, Minneapolis and St Paul were named the first three locations for a demonstration of urban homesteading. These designated urban homestead areas are authorized by the Livable Communities Act of 1995 in an effort to revitalize and stabilize neighborhoods threatened by urban decline. No direct Council funding is involved. State income tax deductions, however, will be available to middle-income households buying houses in the homestead zone. The deduction would last up to five years provided the household does not move out or sell the home, complies with building codes or is not convicted of a felony. The three areas total no more than 1,000 single- family homes. The Council will report to the legislature in 1998 on whether the income tax deduction is enough of an incentive to get middle- income households to buy single-family housing in the homestead zones. (Note to readers: The Metro Digest sorts Council actions into four areas, reflecting the four Council standing committees: Community Development, Transportation, Environment and Finance. It should also be noted that full Council actions are reported here, not Committee actions.) In other actions, the Council... Community DeveloDment . Approved project-based assistance proposals for Section 8 housing in seven metro area communities: Anoka County, Chaska, Coon ~ METRO DIGEST ~ Weaver Lake Road. . Approved an amendment to the 1995 Unified Planning work program for additional funds of 5288,640 to pay for transportation planning. . Approved an increase of 5164,350 for installation and maintenance of bus-stop signs. . Approved two public hearings to receive public comment on proposed increases in bus fares; not all fares will be increased, The proposed increases are from 51.25 to $1.50 for regular routes and $1.75 to 52.00 for express routes during peak- time (rush hour). Other changes are for seniors and persons with limited mobility from 25 cents to 50 cents. Hearings are scheduled for: · October 2 at 5 p.m. at 230 E. Fifth St, St Paul · October 5 at 12 Noon at 560 Sixth Ave, N., Minneapolis, . Approved an amendment to the bylaws of the Transportation Advisory Board, adding four new board members, representing the following interests: two members representing transit, one representing the freight movement industry and . one representing non-motorized transportation. . Rapids, Eden Prairie, Ham Lake, Maple Grove and Waconia The program is admini~tered by the Metro BRA and involves construction or rehabilitation of 84 units for persons needing assistance because of low incomes, and other social and physical disabilities. . Approved the housing goal of the Livable Communities Act; the goal will be part of the p.rocess as the Council works with communities participating in the Livable Communities Act The housing goals reflect these parts of the Act: . promote living wage jobs in the fully developed area . include a full range of housing opportunities in the developing area . rehabilitate affordable housing in the fUlly developed area . promote compact and efficient development in all communities. . Approved comprehensive plan amendments for 476 acres in the city of Rogers to allow development of Fox Creek West, Mallard Estates, Sunnyside Estates and South Pointe. . Approved grants for land acquisition and emergency development projects in regional parks. . Approved a comprehensive plan update for Greenfield with these and other recommendations: . indicate a density of no more than one housing unit per 40 acres for land designated agriculture preserve . indicate the correct boundaries for Lake Rebecca park reserve and Lake Sarah regional park. . Approved a reexamin9tion of the policies governing the rural portions of the seven-county area. Transportation . Approved a recommendation not to extend Metro Mobility evening hours of service beyond federal minimum requirements on certain days of each week. . Approved the 1996-1998 Transportation Improvement Program. . Approved a preliminary application by Maple Grove for a loan of $400,000 from the right-of- way loan fund for purchase of the Radintz property near the highway interchange ofl-94 and . Environment . Authorized an agreement with Apple Valley for the Council's purchase of a 5550,000 interceptor' sewer the city will build in 1996. . Approved criteria that private companies must meet if they are to operate their own waste water treatment plants. Criteria include: technical feasibility, financial savings, no adverse impact on the operation of public treatment systems and no adverse impact on the costs of current users of public treatment systems. The private systems also must provide treatment comparable to the public system and cooperate in addressing the water quality of the receiving waters, often a river. . Authorized contraCts of $1.6 million for centrifuges at the Metro waste water treatment plan, . Approved a declaration that the Blaine sewer extension is no longer necessary for the Metropolitan sewer interceptor system. The interceptor will now be owned and maintained by Blaine according to prior agreements. . . . . @ METRO DIGEST @ . Authorized a contract of $200,000 from the State of Minnesota to N-Viro Minnesota to produce soil from solids generated by wastewater treatment. . Authorized an extension of the contract with N- Viro Minnesota. . Approved criteria for screening vendors submitting proposals for handling solids generated by the Blue Lake and Seneca treatment plants. Finance . Approved an amendment to the voluntary . separation program rescinding the program for part-time drivers and granting authority to cancel or amend the program with ten days notice to employees. . Approved a labor agreement between the Council and the Union of Operating Engineers. . Authorized final settlement of the claim of Bernice Benson against Transit Operations. . Authorized final settlement of the workers compensation claim of Mark LeFebvre against Transit Operations. . Approved a petition to the Bureau of Mediation Services to clarify the bargaining unit representation of Council employees, . Approved Anoka County's sale of property the county had acquired for a landfill site. Proceeds from the sale will be used toward retiring the Council's solid waste debt. . Accepted the 1994 annual financial report from the Sports Facilities Commission. Significant parts of the report are: '. . expense of $5 ,1 million for the demolition of Met. Center offset by a similar amount of revenue in 1993 . costs of $1.4 million for the Target Center for 1993, 1994 and 1995 . loss of$2,7 million on investments, . Approved certifications to county auditors and the Commissioner of Revenue for the following 1995 tax levies: . $9 million for planning and administration . $70 million for transit operations . $1.9 million for tax base revitalization account in the Livable Communities fund . $4.7 from the fiscal disparities levy for the tax base revitalization account . $4.67 for the demonstration account of the Livable Communities fund. . Approved the cancellation of 1995 tax levies for debt service for sewer debt covered by the Common Bond fund. . Authorized a deficiency tax levy of $77,942 for the city ofWayzata for unpaid sewer service charges. . Authorized cancellation of 1995 tax levies for general obligation bonds for solid waste. . Authorized issuance of a bank balance surety bond of $1.5 million as security for bank balances. . Authorized purchase of a computer software system. from Txbase Systems, Inc. for $1.9 million; to be used for inventory and asset management for Transit Operations. Public Meetings, Hearings and Board Openings: Transit Redesign Leadership Forum: "Improving Cost-Effectiveness of Transit" - discussion S("..ssion for transportation groups and Council staff (space limited). September 7, Thursday, 8:30 - 11:30 a.m.; Holiday Inn- Metrodome, 1500 Washington Ave.s., Minneapolis. Workshop on Polluted Sites Grants Programs: September 7, Thursday, 9 a,m.; Maplewood City Council Chambers, 1830 E Co. Rd. B. Workshop-on Polluted Sites' GrantS Programs: September 11, Monday, 1 p.Ol.; Golden Valley City Council Chambers, 7800 Golden Valley Rei. Northern Metro and Adjacent Counties Community Meeting: (following tour for Council Members and local officials): September 13, Wednesday, 6:30 p.m.; Majestic Oaks, 701 Bunker Lake Blvd., Ham Lake, Tour of RedevelopmentlReinvestment Sites: Downtown St. Paul, and Arden Hills; September 22, Friday, 8 a,m - 1 p.m. Public Hearings on Proposed Bus Fare Increases: ~ METRO DIGEST ~ modem by dialing 337-5400, TCCN customer service is 332-2101. . October 2, Monday, 5 p.m. at Mears Park Centre, Council Chambers, 230 E Fifth St, St Paul. October 5, Thursday, 12 Noon at Metropolitan Council Transit Operations, Heywood Bldg., 560 Sixth Ave. N. Minneapolis. Southeast Metro Area Community Meeting: (following tour for Council members and local officials) October 9, Monday, 6:30 p.m.; Rosemount Community Center. Vacancles on Boards: Metropolitan Council Housing and Redevelopment Advisory (BRA) Committee: One vacancy: District H (covering Council districts 15 and 16). Transportation Advisory Board:. Ten vacancies: (covering Council districts 1 through 12 and four at-large), (See article above.) New Publications Council publications are available from the Data Center, including the Regional Blueprint and Council newsletter, Council Directions. For a free and complete list of publications, write the Metropolitan Council Data Center, 230 E. Fifth St, St Paul, MN 55101, or ca1l291-8140, There is a charge for some publications. Council publications can be read at major public libraries in the Metro Area. Recent publications are listed on the Metro Info Line at 229-3780. A list of publications is available via a computer modem at 337-5400 on the Twin Cities Computer Network (TCeN). Council Directions provides information on regional issues and Council programs, If you wish to receive a copy of Council Directions, call Carol Berens at 291-6447. A reminder: News about new publications, Council actions, coming meetings and subsidized housing referrals is available by dialing the Metro Info Line at 229-3780. Similar information and an interactive forum on regional issues is available on TCCN. You can gain access to TCCN through your computer Metropolitan Commission Activities Metropolitan Airports Commission (MAC) The Commission: . Approved renewal of an agreement with the Minnesota Pollution Control Agency (PCA) to provide additional funds for expanding the airport noise program. This will allow PCA staff to increase its efforts in: home noise-insulation program, noise-monitoring program and data link between MAC and PCA. . Heard a proposal on new concessions to be located at the entrance to the Gold and Red concourses, Two restaurants and two shops have been proposed. . Metropolitan Airports Commission offices are located at 6040 28th Av, S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. Metropolitan Sports Facilities Commission (MSFC) The Commission: . Approved 1996 budget, for review by the Council, . Approved the following management plan on staffing: · position of marketing director was eliminated · positions of office administrator, team engineer I and maintenance clerk were established · responsibilities and title of maintenance planner was changed to maintenance team leader; responsibilities and change of title for general secretaIy will be determined. . Metropolitan Sports Facilities Commission offices are located at 900 South 5th St, Minneapolis, MN 55415. For more information, call Judy Somers at 335-3310. . . . METRO MEETINGS A weekly calendar of~ and agenda items foc the Metropolitan Council, its advisory and standing committees, and three regionallY"llTlm1~: Metropolitan Aiqxxts Cnmmi~ Met:rqx>litan Paries and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the llpp'OIXiate crganizatioo. M:eting information is also available on the Metro Infonnation Line at 229-3780 and by computer modem, through the Twin Cities Computer Netwodc at 337-S400, DATE: August 25, 1995 WEEK OF: August 28 - September I, 1995 METROPOLITAN COUNCIL Community Devdopment Committee - Monday, August 28, Noon, Room IA The committee will consider: Shakopee Comprehensive Plan Amendment-Tier 1 Comprehensive Sewer Plan, private wastewater treatment policies; city of Carver planning assistance loan application; final report of the St PaulJEast Metro Reverse Commute Study; housing rehabilitationlredevelopment mandated by legislature; and other business. Regional Blueprint Blue Ribbon Task Force - Monday, August 28, 2 p.m., Room IA (THIS MEETING HAS BEEN CANCELED,) Forum on Metropolitan Livable Communities (cosponsored by Metropolitan Council and Association of Metropolitan Municipalities) - Wednesday, August 30, 10 a.m., Golden Valley Brookview Golf Course Community Center, 200 Brookview Pkwy., Golden Valley. Washington County Local Governments and Schools Dialogue with the Metropolitan Council Committee Chairs and District Representatives - Wednesday, August 30, 7 p.m., Washington Co. Government Center, County Board Room, 14900 6151 Sl N" Stillwater. Forum on Metropolitan Livable Communities (cosponsored by Metropolitan Council and Association of Metropolitan Municipalities) - Thursday, August 31,10 a.m., Maplewood Community Center, Room C, 2100 White Bear Ave" Maplewood. Metropolitan Radio Board - Friday, Sept 1,9 a.m., Metropolitan Mosquito Control District Office, 2099 University Ave., Sl Paul. The board will consider: appointment of standing committee; region-wide public safety radio communications plan; draft Metropolitan Radio Board budget; and other business. TENTATIVE MEETINGS THE WEEK OF SEPTEMBER 4 THROUGH SEPTEMBER 8, 1995 LABORDAYIHOLIDAY. Monday, September 4. Transportation Committee - Tuesday, September 5, 4 p.m., Chambers. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, September 6, 9 a.m., Chambers. Transportation Accessibility Advisory Committee - Wednesday, September 6, 1 p.m., Room lA Transit Redesign Leadership Forum: "Improving Cost-Effectiveness of Transit" - focus group discussion session for transportation groups and Council staff (space limited) - Thursday, September 7, 8: 30 - 11 :30 a.m., Holiday Inn-Metrodome, 1500 Washington Ave. S., Minneapolis. Workshop on Polluted Sites Grants Programs - Thursday, September 7, 9 a.m., Maplewood City Council chambers, 1830 E. Co. Rd. B., Maplewood. Audit Committee - Thursday, September 7, 2 p.m., Room ?A Finance Committee - Thursday, September 7, 4 p.m., Room 2A The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St Paul Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (IDD 291..0(04). can the Metro Information Line at 229-3780 for news of Council actions and coming meetings, METROPOLITAN SPORTS FACILITIES COMMISSION Advisory Task Force on Professional Sports in Minnesota - Tuesday, Aug. 29, 2 p,m., Room 10, State Office Building, St Paul. The task force will consider: financial considerations of professional sports; case studies; continued discussion of economic impact; and preliminary discussion on "Can Minnesota Support Four Major League Sports Franchises?". Intergovernmental RelatioDS Committee - Wednesday, Aug. 30, 8 a.m., Commission conference room. The committee will consider: a report on the legislative session; update on task force; discussion of RFP for legislative representation; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St, Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise.. Meeting times and agendas occasionally may be changed. To verify meeting information, please can Judy Somers, 335-3310. . . . W ASIllNGTON COUNTY Dennis C, Hegberg District 1 COUNTY BOARD AGENDA SEPTE:MBER 5, 1995, 4:30 P.M. Mary Hauser District 2 Wally Abrahamson District 3/Chairman Myra Peterson District 4 Dave Engstrom District 5 1. 4:30 2. 3. 4:30 4 . 4:50 5:05 6 , 5:20 7. 5:30 8 , 9. 6:30 6:40 10. ROLL CALL CONSENT CALENDAR PUBLIC HEARING - COUNTY ATTORNEY - R. ,ARNEY, COUNTY ATTORNEY AMENDMENT TO JUVENILE CURFEW ORDINANCE METROPOLITAN MOSQUITO CONTROL DISTRICT - JOE SANZONE, EX. DIR, 1996 MOSQUITO CONTROL PROGRAM AND BUDGET HEALTH, ENVIRONMENT, & LAND MANAGEMENT - M. MCGLOTHLIN, DIR. COUNTY ATTORNEY - R. ARNEY SW-l UPDATE COMMUNITY SERVICES DEPARTMENT - D. PAPIN, DIRECTOR FINAL REPORT ON THE JOB TRAINING PARTNERSHIP ACT 8% EDUCATION COORDINATION, FRONTLINE WOMEN PROJECT PUBLIC WORKS - D. WISNIEWSKI, DIRECTOR COST PARTICIPATION POLICY FOR COOPERATIVE HIGHWAY PROJECTS GENERAL ADMINISTRATION - J, SCHUG, COUNTY ADMINISTRATOR DISCUSSION FROM THE AUDIENCE VISITORS MAY SHARE 71IEIR CONCERNS wrm THE COUNTY BOARD OF COMMISSIONERS ON ANY ITEM NOT ON 71IE AGENDA, 71IE CHAIR WIU DIRECT 71IE COUNTY ADMINISTRATOR TO PREPARE RESPONSES TO YOUR CONCERNS, YOU ARE ENCOURAGED NOT TO BE REPE1T170US OF PREVIOUS SPEAKERS AND TO UMIT YOUR ADDRESS TO FIVE MINUTES, COMMISSIONER REPORTS - COMMENTS - QUESTIONS 71IIS PERlOD OF TIME SHAU BE USED BY THE COMMISSIONERS TO REPOJrl' TO 71IE FUU BOARD ON COMM/TT'EE AC11V1T/ES, MAKE COMMENTS ON MATI'ERS OF INTEREST AND INFORMATION, OR RAISE QUESTIONS TO 71IE STAFF. 71IIS ACTION IS NOT INTENDED TO RESULT IN SUBSTANTIVE BOARD ACTION DURlNG 71IIS TIME, ANY ACTION NECESSARY BECAUSE OF DISCUSSION WIU BE SCHEDULED FOR A FUIVRE BOARD MEETING, 11. BOARD CORRESPONDENCE 12. 6:55 ADJOURN te * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES Time Conunittee Location Sept. 6 Sept. 6 Metropolitan LRT Plat Commission Hennepin County Government Center Washington County Government Center 8:30 a.m. 9:30 a.m. If you need s$$istsnell dUll to dlssbllity or IlIngusgll berrier, p1Il11SIl csl/430,6003 (TDD 439,32201 EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* SEPTEMBER 5, 1995 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION ASSESSOR AUDITOR-TREASURER COMMUNITY SERVICES HEALTH, ENVIRONMENT AND LAND MANAGEMENT HUMAN RESOURCES PUBLIC WORKS RESOURCE RECOVERY ITEM . A. APPROVAL OF THE AUGUST 15, 1995, BOARD MEETING MINUTES. B. APPROVAL TO APPOINT STEVEN RAMSEY, MARINE ON ST. CROIX, TO THE CARNELIAN MARINE WATERSHED DISTRICT BOARD OF MANAGERS TO A THREE YEAR TERM EXPIRING JUNE 21, 1998. C, APPROVAL OF LETTER OF SUPPORT IN THE CONSTRUCTION OF AN ICE ARENA IN OAKDALE, D. APPROVAL OF LETTER OF AGREEMENT BETWEEN THE COUNTY AND TUBBY LOHMER'S, DESIGNATING TUBBY LOHMER'S AS THE PREFERRED TRAVEL AGENCY FOR WASHINGTON COUNTY. E. APPOINTMENT OF DAVE ENGSTROM TO THE WASHINGTON COUNTY HOUSING & REDEVELOPMENT AUTHORITY TO FILL AN UNEXPIRED TERM ENDING DECEMBER 31, 1995. F. APPROVAL TO RAISE THE ASSESSMENT SERVICE CHARGES THAT ARE CONTRACTED TO THE WASHINGTON COUNTY ASSESSOR'S DEPARTMENT (1996 RATES). APPROVAL OF APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX-FORFEITED LANDS BY CITY OF OAKDALE. G. H. APPROVAL OF RESOLUTION, REPURCHASE OF TAX-FORFEITED LANDS, PARCEL #70870-7323, 7330, 7340, 7430, BY JOSEPH JANSEN, OWNER. I. APPROVAL OF ONE DAY ON SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR SCANDIA TACO DAYS, SEPTEMBER 9, 1995. J. APPROVAL OF RESOLUTION, REPURCHASE OF TAX FORFEITED PROPERTY PARCEL #61460-3600 BY JAMES E. MISENOR, OWNER. K. APPROVAL OF ABATEMENT APPLICATIONS FOR REDUCTION OF VALUE, HOMESTEAD, . DISASTER CREDIT, AND PENALTY. APPROVAL OF NEED DETERMINATION FOR EAST SUBURBAN RESOURCES TO CONSOLIDATE THEIR PROGRAM FROM THREE TO TWO SITES AND INCREASE THEIR LICENSED CAPACITY FROM 155 TO 180. L. M. APPROVAL TO ESTABLISH PUBLIC HEARING DATE OF TUESDAY, SEPTEMBER 26, 1995, AT 9:00 A.M, FOR PURPOSE OF AMENDING SECTION 508.01 OF THE WASHINGTON COUNTY ZONING ORDINANCE AND AUTHORIZE PUBLICATION OF NOTICE OF INTENT TO AMEND ORDINANCE. N. APPROVAL OF PERSONAL LEAVE OF ABSENCE FOR SHEILA SCHALLY IN THE RECORDER'S OFFICE BEGINNING AUGUST 28, 1995, TO ACCEPT APPOINTMENT OF DEPUTY COUNTY RECORDER, O. APPROVAL AND EXECUTION OF COST REIMBURSEMENT AGREEMENT AND MAINTENANCE AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION; APPROVAL OF RESOLu~ION FOR CONCURRENCE OF BID AWARD FOR TRAFFIC SIGNAL CONSTRUCTION, P. APPROVAL OF RESOLUTION TO ACQUIRE WOZNIAK PROPERTY FOR INCLUSION INTO COTTAGE GROVE RAVINE REGIONAL PARK. Q. APPROVAL OF RESOLUTION TO PARTICIPATE IN THE MN TRAIL ASSISTANCE PROGRAM FOR THE STAR TRAIL ASSOCIATION. R. APPROVAL TO RESCIND 8/15/95 BID AWARD FOR SAP82-600-11, LOFTON AVENUE/MAYBERRY TRAIL ROAD CONSTRUCTION IN NEW SCANDIA TOWNSHIP - PERMISSION TO READVERTISE FOR BIDS. S. APPROVAL OF FINAL PAYMENT TO MIDWEST CONTRACTING, INC, IN THE AMOUNT OF $500,00 FOR REPLACEMENT OF ELMCREST BRIDGE IN HUGO. i APPROVAL OF RESOLUTION AUTHORIZING RAMSEY COUNTY BUDGETING AND.I ACCOUNTING TO APPROPRIATE $59,200 FROM THE RESOURCE RECOVERY PROJECT BOARD FOND BALANCE TO THE PROJECT BOARD ADMINISTRATION BUDGET TO FINANCE THE ESTIMATED COSTS OF ACTIVITIES UNDER ADVERTISING AND PROMOTION; AND, AUTHORIZE THE RESOURCE RECOVERY PROJECT AT THE END OF 1995 TO RE-APPROPRIATE ANY UNENCUMBERED BALANCE IN THE ADVERTISING AND PROMOTION ACCOUNT TO THE 1996 BUDGET. T. *Consent Calendar items are generally defined as items of routine business. not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item!s) for discussion and/or separate action, . STILLWATER TOWN BOARD MEETING Town Hall August 24, 1995 7:30 P.M. PRESENT: Chairperson Louise Bergeron; Supervisors Jack Takemoto, David Johnson, Jerry Hicks and David Francis. Also Engineer Paul Pearson, Attorney Tom Scott, Peace Officer Steve Nelson Treasurer Warren Erickson. 1. AGENDA - M/S/P Johnson/Francis moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Francis/Takemoto Town Board Meeting Minutes as written. moved to approve the 8/10/95 Stillwater (5 ayes) 3. TREASURER- 1. Report given. 2. Claims #513 - #551 were reviewed and approved for payment. 4 , . ATTORNEY - 1. Rivard decision due by next meeting. 2. Jacobsen Grading Permit not received. Tom Scott will attempt to contact him about it again. 3. Browns Creek Joint Powers agreement states that members must honor budget items. Townships can adopt a Storm Water Utility Ordinance so that when developments occur, a reasonable charge may be assessed to defray costs to the public. Information about WAMO powers will be available to David Francis to take to the WAMO Organization for members edification. 4. Fire Contract M/S/P Takemoto/Johnson moved to sign the 1995-1996 Fire Contract with the City of Stillwater. (5 ayes) 5. Forfeit Land - There are no assessments past or present on Parcel 95019-2685, nor does the Township want this land. 6. Raleiqh Mininq Permit Renewal - Mike will be asked to be present at the next meeting and to present his bond, insurance certificate and $100.00 fee. 5. WATER PROBLEM - The Samdahls and G. Nelson were present to talk about a water problem they have in common. It was advised for them to contact the .SOi1 and Water Conservation Office, if the water continues to be a problem. he Township will check the area in the Spring. I 6. PEACE OFFICER - In 1994 there were 5 burglaries in the Township. Steve Nelson urged residents to be on the look-out for suspicious activity, particularly after school starts and houses are empty. Stillwater Town Board Meeting - 8/24/95 Page Two Radar is still being run in nuisance areas. . 7. Mr. and Mrs. Ranallo - Present to ask about a possible rezoning of land they bought in the Township. 8. FLOYD SHERRARD - Water run-off from the Houston/Krongard property is creating a serious ice build up in Winter at Floyds Marina. He asked if the Township gave permission for the water to be re-routed. The Township did not. 9. ENGINEER- 1. Overlay Project Contract signed. 2. Trails in Curtiss Hills need work. 3. The Engineer will answer a request for input regarding the County's Cost Participation Plan. One item of concern of several, is that of requiring communities to provide right-of-ways when the County takes over their roads. David Johnson will present the letter at the hearing. 10. PUBLIC WORKS - 1. Horses Inc. will be notified to clear out their culvert. 2. Jim Minor (II3th Street) will be notified to clear openings to his culvert. 3. I07th Street needs a culvert (not installed when the road done.) 11. PROPOSED CITY PARK - Letter read from Steve Russell about a proposed park on McKusick. 12. LAKE FLOODING - (Hugo, May, and Grant) Letter read from OSM about flooding up north that could possibly be relieved by sending water south. Response to be forwarded to the effect that Stillwater Township supports the concerns and decision of the Browns Creek WAMO and that Stillwater Township Officials will not be present at the August 31, 1995 Meeting. 13. ADJOURNMENT - Meeting adjourned at 10:00 p.m. . Clerk Chairperson Approved . . . . ~..~. ..- .' ,."'.- i ./ (, / /'0/' I"~ -"" ?/ /} r ' Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 Board of Trustees Minutes August 1, 1995 Members: Doeksen, Freeman, Gorski, Kalinoff*, Maybanks*, Nelson, Ruch, Sandeen. Director: Bertalmio. * Absent 1. Call to order: A quorum being present, President Sandeen called the meeting to order at 7:09 p.m. 2. Adoption of the agenda: Gorski moved to adopt the agenda; seconded by Doeksen; approved unanimously. 3, Communications and Public Commentary - none. . 4. Consent Calendar: Moved to adopt the consent calendar, including payment of bills in the amount of $6,459,30, Moved by Freeman/seconded by Ruch, Unanimously approved. 5, Old Business: A, July 1995 bills payable was amended to $15,358,94 from $15,794.10 because of a double billing that was corrected. Moved by Ruch/seconded by Freeman. B. August 15 at 4:30 is the tentative date for a City Council library tour and budget discussion. 6. New Business: A. The September Board meeting wi! be September 5. B. Ruch moved/Doeksen seconded to proceed with the MRAC/RV AC small grant program. The Board sees this as good practice for future grant writing possibilities as well as the present. . C. The Board participated in an exercise designed to look at the role of the public library, The following chart compares the Board positions with those of the library staff: Page 2 . % of Board members who ranked #1 % of staff members who ranked #1 Popular materials library 33% 19% Reference library 19% 25% Independent learning center 27% 21% Pre-school door to learning 17% 17% Community information center 0 12.5% Community activities center 0 6% 7. Adjournment: Agenda items being completed and there being no other . business, President Sandeen adjourned the meeting at 8:17 PM. \ . MEMORANDUM TO: Mayor and Council FROM: City Clerk DATE: September 9, 1995 SUBJECT: Additions/Changes to Council Packet and Agenda CHANGES TO AGENDA 7:00 Meeting New Business: f Item No. 9 - BCWMO 1996 Budget Request Item No, 10 - Regular and Sunday Liquor License, Grand Restaurants of Stillwater ADDITIONS TO COUNCIL PACKET 1. Revised Agenda 2, Corrected page 1 of August 23 Special Meeting, Continuation of 1996 Budget Discussion 3, Consent Agenda Item No, 1: List of Bills 4. Unfinished Business Item No, 6: Memo from Gary Howe 5, New Business Item No, 9: Letter from Klayton Eckles, BCWMO Item No, 10: Liquor License application 6, FYI: Metropolitan Council calendar of meetings and Metro Dig FYI: Washington County Board Agenda, 9/5/95 FYI: Minutes - Stillwater Town Board, 8/14/95 "~ // / ,/ \Council\add90S )