HomeMy WebLinkAbout1994-08-16 CC Packet
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AGENDA
CITY OF STILL WATER
CITY COUNCIL MEETING NO. 94-27
August 16, 1994
SPECIAL MEETING
4:30 P.M.
REGULAR MEETING
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
1. Workshop - City Hall building project.
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROV AL OF MINUTES - August 2, 1994 - Regular and Recessed Meetings
August 9, 1994 - Special Meeting
PETITIONS. INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Tim Nolde, Anchobaypro Inc. - Release of easements, Green Twig Way Lots
STAFF REPORTS
1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
PUBLIC HEARINGS
1. Case No. SUB/94-27. This is the day and time for the continuation of the public hearing to
consider a preliminary plat approval for a minor subdivision of a 51,884 sq. ft (1.2 acres) lot into
three lots of 13,475 sq. ft., 16,469 sq. ft. and 21,900 sq. ft. The property is located on Gilbert
Court in the RA, Single Family Residential District. Steve Fiterman, applicant.
Notice of the hearing was placed in the Stillwater Gazette on June 24, 1994, and August 9,
1994, and notices mailed to affected property owners.
(Continued from July 19 and August 2, 1994)
UNFINISHED BUSINESS
1. Resolution: Approving Surcharge Collection Agreement with Washington County.
2. Resolution: Approving Kutz Addition Development Agreement, L.I. 308
3. Resolution: Approving Myrtlewood Development Agreement, L.I. 304
City Council Agenda
August 16, 1994
Page 2
4. L.L 305, Pine Hill Estates
Resolution: Receiving Report, Ordering Improvement and Preparation of Plans
Resolution: Approving Development Agreement
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5. Update:
Vittorio's sewer separation
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NEW BUSINESS
I. Request: Consideration of TIF assistance for purchase of land and construction of store in
Stillwater Business Park
2. Resolution: Approval of County Road 51TH 36 interchange layout
3. Discussion: SEH engineering support for levee wall project
4. Discussion: Contract for survey of Lowell Park
5. Request: Deaf Child signage
6. Resolution: Appointing election judges for 1994 Primary and General Elections
and setting compensation
7. Possible first reading of ordinance: Amending salaries of City Council
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PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
CONSENT AGENDA
1. Resolution: Directing Payment of Bills. (Resolution No. 94-193)
2. Approval: Community Development Director to attend annual State Planning Conference
J. Approval: Building Official to attend LC.B.O. Annual Meeting.
4. Approval: River Valley Arts Council - One-day Temporary Liquor License
COMMUNICATIONS/REQUESTS
1. United Way - Request to place temporary signs for fall campaign
2. Stillwater Area Citizen's Open Space Committee - Notice of informational meeting
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 94-25
MINUTES
REGULAR MEETING August 2,1994
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4:30 p.m.
The Meeting was called to order by Mayor Hooley.
Present:
Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Police Chief Beberg
Fire Chief Ness
City Engineer Eckles
City Planner Pung- Terwedo
Consulting Engineer Moore
Police Captain Bell
City Clerk Weldon
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
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Others:
Pete Smith, Dick Olsen
STAFF REPORTS
I. Police Chief -
Chief Beberg reported on Lumberjack Days.
2. Public Works Director -
City Engineer Eckles reported that the drainage repair at 786 Eagle Ridge Trail has been
completed.
Council discussed the southeast area sanitary sewer project. Mr. Eckles stated that the
completion date is November 12.
3. Consulting Engineer -
Consulting Engineer Moore reported on the southeast area sanitary sewer project. Mr.
Moore proposed that SEH pay the cost of pumps to sewer three homes in the area because
they were not aware of the availability of a gravity sewer.
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Stillwater City Council Minutes
Regular Meeting
August 2, 1994
Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to accept the offer
of Short-Elliott-Hendrickson to pay the costs of the lift stations for sewer service to three homes
in the southeast area. All in favor.
4. Fire Chief -
Fire Chief Ness requested additional equipment to meet the ISO Case III rating
requirements.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the
request by the Fire Chief to purchase additional equipment, to ask permission for use of the
training tower at the City of White Bear, and to ask the County Commissioner if it is possible
to staff two dispatchers. All in favor.
WORKSHOP - CITY HALL BUILDING PROJECT
Pete Smith, BWBR Architects, and Dick Olsen, G.W.O. Construction, met with Council
for a workshop on the proposed City Hall building project.
Pete Smith reviewed the planning process. Dick Olsen reviewed the various options and
cost estimates of each option.
Council discussed whether an appraisal of the existing building would be necessary at this
time.
OTHER BUSINESS
Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize the City
Coordinator to work with Dave Swanson at the American Legion to purchase flags and standards
for the downtown and to have them up by Labor Day. All in favor.
Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the
appropriate resolution commending Sheriff James Trudeau for 16 years of service as Washington
County Sheriff.
(Resolution No. 94-191)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
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Stillwater City Council Minutes
Regular Meeting
August 2, 1994
RECESS
The meeting recessed at 6:05 p.m.
ATTEST:
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MAYOR
CITY CLERK
Resolutions:
No. 94- - Commending Sheriff Trudeau
Submitted by:
Shelly Schaubach
Recording Secretary
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 94-25
MINUTES
RECESSED MEETING August 2,1994
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7:00 p.m.
The Meeting was called to order by Mayor Hooley.
Present:
Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
City Planner Pung- Terwedo
City Clerk Weldon
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, The Courier
Others:
Todd Weiss, Corey Mohan, Julie Prokop, Bob Medcraft, Gary Funke,
APPROVAL OF MINUTES
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the
minutes of the Regular and Recessed Meetings of July 5, 1994, and the Regular Meeting of July
19, 1994. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Todd Weiss - Lumberiack Days Festival Association.
Mr. Weiss returned a check for $4,000 to the City of Stillwater.
2. Corey Mohan - Stillwater Ooen Space Committee.
Mr. Mohan presented a proposal for a Stillwater'Area Citizens Open Space Committee.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to support the efforts
of the Stillwater Open Space Committee. All in favor.
3. Julie ProkolJ. Sunburst Academy - Discussion of Special Use Permit SUP/92-49.
Julie Prokop reviewed the problems which have occurred at the Sunburst Academy
location. City Attorney Magnuson reviewed the actions necessary to revoke a special use
permit. City Engineer Eckles explained that the parking lot improvements were delayed
because of the Brick Pond project.
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Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct the City
Engineer to report on the status of the Brick Pond project at the next regular City Council
meeting, and to direct the City Attorney to write a letter to the landlord of the building at 1709
South Greeley Street requesting compliance with the conditions of approval for the special use
permit, SUP/92-49. All in favor.
Motion by Councilmember Kimble, seconded by Councilmember Zoller to approve the request
for a temporary special use permit to conduct gymnastics classes at St. Mary's Church
gymnasium from August 8 through 19, 1994. All in favor.
4. Bob Medcraft - Island World Productions.
Motion by Councilmember Zoller, seconded by Councilmember Kimble to authorize Island World
Productions to continue filming a movie in Stillwater until August 20 as requested. All in favor.
5. Gary Funke - Request to clean up downtown.
Mr. Funke requested that the downtown area be cleaned up. Council directed City
Engineer Eckles to arrange for the clean up.
PUBLIC HEARINGS
1. Case No. SUBN/94-37. This is the day and time for the public hearing to consider a e
variance to the lot size requirement of 10,000 square feet for a minor subdivision of a
22,564 sq. ft. lot into 2 lots of 7,098 sq. ft. and 15,486 sq. ft. The property is located at
181 Bayberry Court in the RA, Single Family Residential District. Interlachen
Companies, applicant.
Notice of the hearing was placed in the Stillwater Gazette on July 19, 1994, and
notices mailed to affected property owners.
City Planner Pung- Terwedo explained the request. Planning Commission Chairman
Fontaine reported that the Planning Commission unanimously recommended approval of
the request.
Motion by Councilmember Bodlovick, seconded by Councilmeinber Kimble to adopt the
appropriate resolution approving the minor subdivision of a 22,564 sq. ft. lot into 2 lots of 7,098
sq. ft. and 15,486 sq. ft., at 181 Bayberry Court in the RA, Single Family Residential District,
Case No. SUBN/94-37. (Resolution No. 94-176)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
2.
Case No. SUB/94-27. This is the day and time for the continuation of the public hearing
to consider a preliminary plat approval for a minor subdivision of a 51,884 sq. ft. (1.2
acres) lot into three lots of 13,475 sq. ft., 16,469 sq. ft. and 21,900 sq. ft. The property
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
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is located on Gilbert Court in the RA Single Family Residential District. Steve Fiterman,
applicant.
Notice of the hearing was placed in the Stillwater Gazette on June 24, 1994, and
notices mailed to affected property owners. (Continued from July 19, 1994,
meeting).
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to continue Case No.
SUB/94-27 to the August 16, 1994 meeting. All in favor.
3. L.I. 307, Myrtle Street Concrete Rehabilitation. This is the day and time for the public
hearing to consider the making of an improvement on Myrtle Street between Owens Street
and North Fifth Street by rehabilitating concrete pavement and sidewalk, pursuant to
Minnesota Statutes, Sections 429.011 to 429.111.
Consulting Engineer Moore reviewed the project.
James Sievert, 618 W. Myrtle, stated he does not feel that he and other Myrtle Street
residents should be responsible for these repairs. Guy Dilts, 516 Myrtle Street, stated that
many of the cars that use Myrtle Street are from Wisconsin.
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City Engineer Eckles read a message from Dorothy Berge, 301 West Myrtle, stating that
she strongly opposes the storm sewer assessments.
Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to adopt the
appropriate resolution ordering the improvement and preparation of plans, L.I. 307, Myrtle Street
Concrete Rehabilitation. (Resolution No. 94-177)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
(Council took a five-minute recess and reconvened at 8:30 p.m.)
UNFINISHED BUSINESS
1. Charter Commission appointments.
City Coordinator Kriesel reported that the Chief Judge has determined that the City
Council has the authority to fill the terms of Laurie Maher, Richard Slivik, and John
Tunheim which have expired. They have expressed a desire to be reappointed to the
Charter Commission. Joseph Arndt and Robert Kimbrel have also expressed an interest
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
in serving on the Charter Commission. A vacancy has occurred on the Charter
Commission, and the Chief Judge has the authority to make an appointment to fill this
vacancy.
Motion by Councilmember Bodlovick to appoint Laurie Maher, Richard Slivik, and Joseph Arndt
to the Charter Commission. Motion died for lack of a second.
Motion by Councilmember Cummings, seconded by Councilmember Kimble to reappoint Laurie
Maher, Richard Slivik, and John Tunheim to the Charter Commission, and to submit the names
of Joseph Arndt and Robert Kimbrel to the Chief Judge to fill the current vacancy on the Charter
Commission. All in favor.
2. Jim Blichfeldt - Request for TIF assistance for Forest Ridge Addition.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution approving the request for TIF assistance for Blichfeldt Realty for the Forest
Ridge Addition. (Resolution No. 94-179)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution approving the request to forgive unpaid assessments in the amount of
$133,488.55. (Resolution No. 94-192)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
3. Surcharge Collection Agreement with Washington County.
This item was continued to the August 16 meeting.
4. Update on downtown hotel proiect.
City Planner Pung-Terwedo reported that the Heritage Preservation Commission and the
Planning Commission have approved the design and special use permit for the proposed
Downtown Hotel Project. Council has a workshop set for August 9, 1994 at 4:30 to
discuss financing for the project.
5. Acceptance of preliminary application from UBC for Tax Increment Financing Assistance
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
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(TIF)
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the
preliminary application for TIF assistance from UBC and to set a special meeting for August 9,
1994, at 4:30 p.m. to discuss the request. All in favor.
6. Contract for North Hill Historic Structure Survey and Plan.
Motion by Councilmember Kimble, seconded by Councilmember Zoller to authorize the City
Planner to sign the grant agreement with the Minnesota Historical Society and to direct staff to
prepare a work program for the Historic Structure Survey and Plan. All in favor.
NEW BUSINESS
1. Hospital/medical insurance proposal (Blue Cross Blue Shield).
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution approving the renewal proposal from Blue Cross Blue Shield. (Resolution
No. 94-180)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
Council directed staff to prepare a request for proposals for 1995.
2. Animal Impounding Agreement - St. Croix Animal Shelter.
Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the
appropriate resolution approving the Animal Impounding Agreement with the St. Croix Animal
Shelter. (Resolution No. 94-181)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
3. Agreement to operate Lilv Lake Ice Arena - St. Croix Caterers. Inc.
Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to refer the renewal
of the Lily Lake Ice Arena Operating Agreement with St. Croix Caterers, Inc. to the Stillwater
Parks and Recreation Commission for consideration and recommendation. All in favor.
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
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4. Approving plans and specifications and ordering advertisement for bids for L.I. 303. East
Wilkins/North Broadway Street; and L.I. 304. Mvrtlewood.
Council discussed the McGarry Minor Subdivision, SUB/93-37. City Planner Pung-
Terwedo explained that Richard Edstrom has requested a temporary driveway for access
to the home being built. Brian Palmer, 1005 North 1st Street, stated that the conditions
of approval for the subdivision have not been met.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a
temporary access to the Edstrom property during construction of their home, with the driveway
returned to the original site before a certificate of occupancy is issued. All in favor.
Motion by Councilmember Kimble, seconded by Councilmember Zoller to adopt the appropriate
resolution approving the plans and specifications and ordering advertisement for bids for East
Wilkins/North Broadway Street, L.I. 303. (Resolution No. 94-182)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
Motion by Councilmember Kimble, Councilmember Zoller to adopt the appropriate resolution
approving the plans and specifications and ordering advertisement for bids for Myrtlewood, L.I. e
304. (Resolution No. 94-183)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
5. Accepting bid. Highlands of Stillwater. 6th Addition. L.I. 306.
Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to accept the bid and
award the contract to Yolk Sewer & Water, Inc., for $133,780.28 for Highlands of Stillwater, 6th
Addition, L.I. 306. (Resolution No. 94-184)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
6. Accepting bid. Seal Coat Project.
Motion by Councilmember Zoller, seconded by Councilmember Kimble to accept the bid and
award the contract to Allied Blacktop for the 1994 Seal Coat Project for $78,281.60. (Resolution
No. 94-185)
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
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Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
Council requested that the City Engineer look into the possibility of adding a portion of
South 2nd Street to the seal coat project.
7. No Parking for West Orleans Street.
Councilmember Cummings suggested that no parking be designated on the north side of
Orleans rather than the south side. Gary Kriesel, 1451 Lydia Circle, stated that he agrees
with Councilmember Cummings.
Motion by Councilmember Cummings, seconded by Councilmember Kimble to adopt the
appropriate resolution establishing No Parking on one side of West Orleans Street between
Washington Avenue and Curve Crest Boulevard. (Resolution No. 94-186)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
Council requested that Consulting Traffic Engineer Glen Van Wormer attend the next
meeting to discuss a recommendation regarding no parking on West Orleans Street.
8. Agreement with Krafthefers for access for environmental testing operations.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution approving the agreement between the City of Stillwater and Jay and Carol
Krafthefer for environmental testing operations on North Third Street. (Resolution No. 94-188)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
9. First Reading of an Ordinance establishing time limits on building permits.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a first
reading of an ordinance establishing a one year time limit on building permits.
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
10. Declaring adequacy of petition and orderin~ preparation of report for L.t 308. Kutz
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
Addition.
Dave Harvieux, 1172 Parkwood Lane, presented a request from Richard and Janet Kutz
to permit them to install their own utilities.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct the City
Attorney to draft a development agreement for L.I. 308, Kutz Addition, allowing Richard and
Janet Kutz to install their own utilities and to return with the draft at the next meeting. Ayes-
3; Nays - 2, Councilmembers Cummings and Zoller.
II. Approving Agreement No. 72439 between State of Minnesota. City of Stillwater. and City
of Oak Park Heights for Traffic Control Signal on TH 36 at Washington Avenue - Norell
Avenue.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the
appropriate resolution approving Agreement No. 72439 between the State of Minnesota, City of
Stillwater, and City of Oak Park Heights for Traffic Control Signal on TH36 at Washington
Avenue-Norell Avenue. (Resolution No. 94-189)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
Nays - None
12. Establishing dollar amount for grading escrow required bv Ordinance 791.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the
appropriate resolution establishing dollar amount for grading escrow as required by Ordinance
791 in the amount of $1,500 per lot with no maximum. (Resolution No. 94-187)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
13. Setting hearing for re-assessment of special assessments for tax forfeited parcel (Lot I. Block
I. Deeroath Addition).
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the
appropriate resolution setting a hearing for reassessment of special assessments for tax forfeited
parcel (Lot I, Block 1, Deerpath Addition) for September 6, 1994 at 7:00 p.m. (Resolution No.
94-190)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
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Nays - None
CONSENT AGENDA
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the
appropriate resolution directing payment of bills, including a payment of $ 10,000 to the American
Wind Symphony Orchestra. (Resolution No. 94-175)
Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Nays - None
COMMUNICA TIONS/REQUESTS
1. Stillwater Public Library - Tony Greiner.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the
request by the Stillwater Public Library to transfer certain items in storage at City Hall to the St.
Croix Collection at the Stillwater Public Library. All in favor.
STAFF REPORTS
I. City Attorney
Motion by Councilmember Kimble, seconded by Councilmember to direct the City Attorney to
send a letter to the Wisconsin Department of Natural Resources indicating that the City of
Stillwater is not responsible for cleanup costs for the Junker Landfill Site and will therefore not
attend the meeting on August 16, 1994. All in favor.
2. City Planner
City Planner Pung- Terwedo updated Council on the Ward Network meetings.
ADJOURNMENT
Motion by Councilmember Kimble, seconded by Councilmember Zoller to adjourn the meeting
at 10:30 p.m. All in favor.
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Stillwater City Council Minutes
Recessed Meeting
August 2, 1994
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MAYOR
ATTEST:
CITY CLERK
Resolutions:
No. 94-175 - Directing Payment of Bills
No. 94-176 - Approving two-lot subdivision, 181 Bayberry Ct., SUBN/94-37.
No. 94-177 - Ordering Improvement and preparation of plans, L.I. 307
No. 94-178 - Reappointing Maher, Slivik, Tunheim to Charter Commission
No. 94-179 - Approve request for TIF assistance, Forest Ridge Addition
No. 94-180 - Approve Blue Cross Blue Shield proposal
No.' 94-181 - Approve animal impounding agreement - St. Croix Animal Shelter
No. 94-182 - Approve plans and specs and ordering advertisement for bids for L.I. 303
No. 94-183 - Approve plans and specs and order advertisement for bids for L.I. 304
No. 94-184 - Accept bid and award contract to Yolk Sewer & Water for Highlands 6th, L.I. 306
No. 94-185 - Accept bid and award contract to Allied Blacktop for 1994 Seal Coat Project
No. 94-186 - Establishing no parking on one side of West Orleans Street _
No. 94-187 - Establish dollar amount for grading escrow as required by Ordinance 791 in the ,.,
amount of $1,500 per lot
No. 94-188 - Approve agreement with Krafthefers for environmental testing operations
No. 94-189 - Approve agreement No. 72439 between State ofMN, City of Stillwater, and City
of Oak Park Heights for Traffic Control Signal on TH36 at Wash. Ave.-Norell Ave.
No. 94-190 - Setting hearing for reassessment of special assessments for tax forfeited parcel (Lot
1,Block 1, Deerpath Addition)
No. 94-191 - Commending Sheriff Trudeau for 20 years
No. 94-192 - Forgiving assessment for Forest Ridge Addition
Submitted by:
Shelly Schaubach
Recording Secretary
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SPECIAL MEETING
STILL WATER CITY COUNCIL
MINUTES
August 9, 1994
4:30 p.m.
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Present:
Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Comm. Dev. Director Russell
City Clerk Weldon
Others:
Dave Swanson, Chuck Dougherty, Duane Hubbs, Richard Kilty, Leonard
Kirscht, Jerry Winslow, Dick Anderson, Bill Pauley
I. Discussion Regarding Boat Docking.
Mayor Hooley reported on efforts to keep the Point Counterpoint boat docked In
Stillwater this year.
2.
Update on Purchase of Citv Flags.
Dave Swanson of the American Legion updated Council on the purchase of American
flags for the City.
3.
Discussion of financing package for downtown hotel development.
Community Development Director Russell reviewed the financing package and request
for TIF assistance.
Mayor Hooley recommended that an ad hoc committee be formed to study the proposed
financing package.
Leonard Kirscht, President, Public Resource Group, Inc. discussed the financing package.
Duane Hubbs, St. Croix Preservation Company, stated that further delays would cause
them to be unable to close on the property on October I.
Richard Kilty, 118 West Oak Street, stated that the agreement would falsify the purchase
pnce.
Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve "pay-as-
you-go" tax increment financing for the downtown hotel development, with the sale price figure
of $1.15 million for the Lumberman's Exchange Building. Ayes - 4; Nays - I, Mayor Hooley.
Stillwater City Council Minutes
Special Meeting
August 9, 1994
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct staff to
establish a committee including the Finance Director, Springsted Inc., Leonard Kirscht and other
qualified persons as necessary to study the downtown hotel financing package and advise the City
Council. All in favor.
4. Consideration of TIF assistance for UBC.
Community Development Director Russell reviewed the request for TIF assistance for
relocation of the UBC to the industrial park and the purchase of the downtown UBC site
for parking.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct staff to
prepare the necessary documents to complete the transactions for TIF assistance for relocation
of the UBC to the industrial park and the purchase of the downtown UBC site for parking. All
in favor.
Motion by Councilmember Zoller, seconded by Councilmember Bodlovick to also have the
City's ad hoc financial task force to review the agreements with UBC and advise the City
Council. All in favor.
OTHER BUSINESS
1. Doerr Home Reconstruction
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the
request to name Fire Chief George Ness as the construction manager for the rebuilding of the
Susan Doerr home and to work with Target and Habitat for Humanity for the rebuilding project.
2. Ice Arena Lease
Council discussed the proposed lease of the Lily Lake Ice Arena. The Parks and
Recreation Board will consider this proposal at a meeting scheduled for August 22, 1994
and will make a recommendation to Council.
ADJOURNMENT
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adjourn the
meeting at 6:50 p.m. All in favor.
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Stillwater City Council Minutes
Special Meeting
August 9, 1994
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MAYOR
ATTEST:
CITY CLERK
Submitted:
Shelly Schaubach
Recording Secretary
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ANCHOBA YPRO INCORPORATED
311 S. Third St.
Stillwater, Minnesota 55082
1 612/439 4187
. August 11, 1994
Stillwater City Council
216 N. Fourth St.
Stillwater, MN 55082
RE: Green Twig Way Lots
Dear Mr. Mayor and Council Members:
It has recently come to my attention that an easement granted
to the city of Stillwater in 1958 affects our lots on Green
Twig Way. This particular easement references the fact that
the city is entitled to "use earth and materials for the
purposes of constructing and building a dam at the north end of
McKusick Lake". This easement is dated October 10, 1958,
recorded November 21, 1958, in Book 216 of Deeds, Page 535.
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It is my understanding that this dam has been constructed and
the need for fill and material is no longer an issue. The
homeowner's who purchased these lots are concerned that their
property could be excavated for that purpose. I would like the
city to extinguish said easement as it pertains only to Lots
1-5. The City would still have the excavation rights to the
remainder of the property on Green Twig Way that I previously
deeded to the them. However, it seems highly unlikely that the
city would find itself in need of our land for fill because of
the high water and the difficulty in reaching the dam area from
our property.
I will be attending the council meeting Tuesday evening and I
hope action can be taken on this matter. I presently have some
people who are trying to start cons~ruction on their home and
cannot until this matter is resolved. Thank you for your
attention to this matter.
Sincerely,
Timothy L. Nolde
Anchobaypro Incorporated
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cc David Magnuson
Nile Kriesel
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STAFF REQUEST ITEM
"-""'--
DEP ARTMENT: Planning
MEETING DATE: August 12, 1994
DESCRIPTION OF REQUEST (Briefly outline what the request is):
State planning conference, October 5-7, 1994*.
Registration: $89 x 2 =
Room
Travel
Food
Total
178
200
50
-2Q..
478
*Sessions on citizen participation, watershed planning, trails and sustainable.
FINANCIAL IMP ACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request):
Money for the state planning conference is in the 1994 planning budget.
ADDITIONAL INFORMATION ATTACHED
YES
NO X
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 BE PLACED IN THE COUNCIL
MATERIAL PACKET~ .
SUBMITTEDBY ~ DATE Av&4/~ 1?'i1
-
22ndAnnu~innesota $late Planning Conference
- -
- -
- -
- _.
- -
Preliminary Program
.=
Joint Sponsors:
Minnesota Chapter of the American Planning Association
Minnesota Planning Association
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Breezy Point Resort ..
October 5,6, & 7,1994 ..
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Qtillwate~
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MEMO
TO: MAYOR AND COUNCIL:
FROM: ALLEN O. ZEPPER, BUILDING OFFICIAL t#-
RE: Annual Conference
AUGUST 11, 1994
I would like to request time off September 12 thru 15 for the LC.B.O., Annual
Meeting. It is held in Indianapolis, Indiana this year.
As usual, there is no cost to the City except my time.
Thank You
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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MEMORANDUM
-:"""-
TO:
Mayor and City Council
FROM:
Klayton Eckles, City Engineer
t-i/
RE:
City Engineer's Report to Council
DATE:
August 11, 1994
DISCTlSSTON
Having about six months under my belt in my new position at Stillwater, now is
probably a good time to give Council an update on how things have been going
and what I've been working on. Being that this is a new position, it seems that
just about everyone has a different idea of why the position was needed. This
has made it challenging to meet everybody's expectations.
The first attachment lists some of the general duties and projects that I have
been working on since I started. A large part of my time has been dedicated
to working with SEH to manage the many projects that are underway this
summer. Even with a consulting engineer, a certain amount of City input is
required for each of these projects, especially in dealing with the residents that
might be affected by these projects. The second attachment I have included
labeled IIstatus of local improvement projects", lists various projects that are
either underway or will be underway shortly this construction season. The
attachment also shows the percent of the project that has been constructed and
an estimated completion date. There is also an estimate of the project costs in
relation to the feasibility estimate. Finally, the attachment includes some notes
on each project. The three largest projects, McKusick Lake Road, Marketplace,
and the Southeast Area, will all be nearing completion by the first of September.
However, there will still be a large number of projects to be completed yet this
year as evidence by the numerous projects listed for a November completion.
The last attachment labeled "areas that need more attention" is a list of issues,
concerns, and opportunities that I have identified that I see as future projects.
Prioritizing these issues will be important in the future. Also, these items may
come up in the budget workshops in the future. Some would require significant
staff time and resources.
Hopefully, this memo and the attachments have served to update the Council on
my progress to-date. Also, I hope I have provided some food for thought on
topics for discussion at our future workshop sessions. I think a workshop
atmosphere would be ideal. for discussing the Council's desire and long-range
plans for the engineering department.
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CURRENT PROJECTS AND DUTIES
Manage Public Works Budget
Research needs and product information for capital purchases
Provide direction to Public Works and Parks
Complete Seal Coat Program
Implement start up ofG.I.S. program and computer system
-~
Prepare bid proposals and specs. for small contracts
Provide direction to SEH on local improvement project management
Review/Approve SEH plans and specs.
Review/Approve SEH feasibility studies
Review/Approve SEH bills
Review/Approve assessment rolls
Manage Environmental studies prepared by consultants
Manage Levy Project
Respond to citizen questions on local improvement projects
Respond to citizen questions and complaints (r.e. Public works, grading)
Respond to Council Comments and questions
CoordinatelManage interactions with other agencies
Assist City Clerk in preparation of legal notices and resolutions
Assist Planner with technical issues and provide input (r.e. Planning cases)
Assist Building Official on technical issues
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STATUS OF LOCAL IMPROVEMENT PROJECTS
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~~ EST. EST. PEAS.
IMP# IMPROVEMENT COMPLETE COMPLETION BUDGET NOTES
261 McKusick Rd. 75 October Unknown Coordinated by County
274 Sidewalks 98 August On Target Need another project nex't
year to complete other
sections
284 Myrtle Street Ravine 99 August 10% Under Need assessment hearing
285 S.E. Area 70 November On Target Paving & Curb work in
Au~st. Assessment
hearing in fall
290 West Orleans Street 0 November On Target Out for bid
296 Northland Street Project 0 November On Target Start -up scheduled for
Mid-August
I North William Street Project 0 November On Target Start -up scheduled for
Mid-August
298 Sherburne Street Project 0 November On Target Start -up scheduled for
Mid-August
299 S. 6th Street Project 0 November On Target Start-up scheduled for
Mid-Au~st
300 W. Mulberry Street Project 0 November On Target Start-up scheduled for
Mid-August
301 Marketplace 65 October Under Completion before Oct.
grand opening of Target
302 Highlands 5th 85 August 20% Under
303 Wilkins/N. Broadway 0 October Unknown Constructed in
conjunction with LI 304,
project out for bid
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304 Myrtle\vood 0 November Unknown Constructed in
conjunction with LI 30~ e
project out for bid
305 Pinehill Estates 0 ? Unknovro. Feasibility report
underway
306 Highlands 6th 0 ? 100/0 Under Construction start -up
Mid-August
307 Myrtle Street Rehab. 0 F alI/Spring Unknown Preparation of plans &
specs. is underway
308 Kutz Addition 0 Fall/Spring UnknoVvTI Council approved
completion by developer
N/A Parking Lot at 3rd & Pine 99 August On Target +/- Punch list items left
N/A 203-205 N. Main
Environmental Study 85 September On Target Initial report is promising,
awaiting fmdings from
MPCA
N/A N. 3rd Environmental Study 0 September On Target Project delayed due to e
legal access issues
N/A Brick Pond 0 Spring '95 Unknown Council directed me to
complete study in-house.
Heavy work load prohibits
progress
N/A Levy Project 0 Fall '96 Anticipate SEH is preparing initial
additional study for Corps of
costs Engineering
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AREAS THAT NEED MORE ATTENTION
'~
Update of Pavement Management Program
Modem filing system for Engineering
Inventory and management system of sanitary and storm sewers
Inventory and management system of capital equipment
Maintenance program for signage
Ongoing training and safety program for Public Works staff
Improved long-range planning for Public Works maintenance and Parks improvements
More assistance to Building Official in reviewing lot drainage plans
More coordination with Planning
Better program for addressing stormwater problems
Improved response to resident concerns
More standardized program of Public Works maintenance scheduling
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\,\y
August 11, 1994
Dear Resident:
This letter is in regard to the upcoming 1994 Street Project known as Local Improvement 296,
297,298, 299 and 300. The streets are Mulberry; Everett to Owens; William, Mulberry to Myrtle;
Sherburne, Myrtle to Linden; 6th, Olive to Pine and Northland, dead end to Hawthorne.
The City has awarded the contract to Tower Asphalt of Lakeland, Minnesota. The contractor
anticipates beginning the project August 22, 1994. NSP Gas Co. will have to relay some gas
mains as a part of the street construction, and they anticipate beginning their portion of the
e project about the same time.
If you have any questions on the project, a project representative from Short Elliott Hendrickson
Inc. will be on the project during the construction phase. His name is Tim Moore. You can
reach Tim Moore on a portable telephone, number 590-6166.
If you have any further questions, please contact either Klayton Eckles, City Engineer at City
Hall, 439-6121, or Barry Peters at SEH at 490-2019.
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MEMORANDUM
----
TO:
Mayor and City Council
FROM:
City Coordinator
RE:
Sewer Bill Adjustment
DATE:
August 11, 1994
In 1984, a water meter was installed at 848 Sunrise Avenue. The meter was
defective resulting in an incorrect water usage reading and a sewer usage
overcharge for this residence. Based on information received from the Water
Board, the overcharges for this residence over the past 10 years was $498.00.
Council previously approved a refund of $329.00 at the meeting of July 19, 1994.
However, staff did not use the correct conversion method for the initial
calculation of the overcharge. The attached worksheet does, and an additional
refund (shown on the List of Bills) of $169.00 is necessary.
,
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Calculation of Sewer Overcharge
for Account 24-515
(848 Sunrise Ave.)
"- -
Wate.r Sewer Char~e
Usage Minimwn Overa~e Total
1984 32,000 36.00 22.00 58.00 X 3 = 174.00
24,000 36.00 14.00 50.00 X 3 = 150.00
Overcharge *24.00
1985 30,000 36.00 20.00 56.00 x 4 = 224.00
22,000 36.00 12.00 48.00 X 4 = 192.00
Overcharge *32.00
1986 38,000 38.00 36.40 74.40 X 4 = 297.60
28,000 38.00 23.40 61.40 X 4 = 245.60
Overcharge *52.00
1987 28,000 38.00 23.40 61.40 X 4 = 245.60
21,000 38.00 1430 52.30 X 4 = 209.20
Overcharge *36.40
1988 21,000 38.00 14.30 52.30 X 4 = 209.20
16,000 38.00 7.80 45.80 X 4 = 183.20
Overcharge *26.00 e
1989 29,000 39.00 39.90 78.90 X 4 = 315.60
22,000 39.00 25.70 64.20 X 4 = 256.80
Overcharge *58.80
1990 27,000 39.00 35.70 74.70 X 4 = 298.80
20,000 J9.00 21.00 60.00 X 4 = 240.00
Overcharge *58.80
1991 27,000 39.00 35.70 74.70X4= 298.80
20,000 39.00 21.00 60.00 X 4 = 240.00
Overcharge *58.80
1992 30,000 39.00 42.00 81.00X4= 324.00
22,000 39.00 25.20 64.20 X 4 = 256.80
Overcharge *67.20
1993 41,000 39.00 65.10 104.10 X 4 = 416.40
3 1,000 39.00 44.10 83.10 X 4 = 332.40
Overcharge *84.00
NOTE: The top row figures for each year is the Total Overcharge *498.00 -
actual prior year charges and the bottom row Less Previous Adj. 329.00
is what should have been charged Amonnt Due 169.00
,.
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MEMORANDUM
"'-
TO:
Mayor and City Council
FROM:
City Coordinator
RE:
Target/Habitat for Humanity Project
DATE:
August 12, 1994
As was discussed at the meeting last Tuesday, Target through Habitat for
Humanity has indicated that they may build a house for a resident in Stillwater
(Target has a program of building a home for qualified recipients in areas where
they build a new store). The project, which is to build a ho~s, for Susan
Doerr who lost her home in a tragic fire this spring, requireflf'considerable
support form the community. However, I think it can be done. In fact, the
design work and Planning Commission approvals have been already been
accomplished. Further, Councilmember Kimble has arranged to have the present
structure demolished and the rubble removed. Council also approved having
George Ness act as construction manager for the project. If appropriate, I
would also recommend that. the City waive the planning and building permit fees
and hook-up charges (if any).
4(~
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'~t)~ ~;fJ 199U
....
"'-
Twin Cities Habitat fOT Humanity
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TO:
V'~me Ki-iesel, City of Stillwater
Ann Aronson, Target Stores
Chris Park, Target Stores
Jay Meyers, Target Stores
Wilma Edhlund, Trinity Lutheran Church
FROM:
Stephen Seidel, Twin Cities Habitat for Humanity
RE:
Scenario to Respond to Susan Doerr's Situation
DATE:
July 19, 1994
MEMORANDUM
At our lunch at the Cane Lakes Restaurant a couple of weeks ago, I promised to write up a scenario for
how a collection of organizations and people could help to build a new home for Susan Doerr, whose
home was destroyed in a fire earlier this year. This scenario will try to identify what needs to be done
and who would need to play what roles.
STEP ONE: Specify the Plans for the Site
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If a new home is to be built for Ms. Doerr on the lot where her house burned down, the design of the
house must be determined. The design must address certain criteria. The first must be that the design
will meet Ms. Doerr's living needs. The second criteria is that the design should be one that can be built
with relative ease, keeping in mind that volunteers will be asked to do much of the work. The third is
. attending to the cost of the house, making sure that the design calls for a house that is able to be built
within the budget of the project. These three criteria are of equal importance. Another factor to be I
considered, but of less importance than the other three criteria, is whether the design blends in with the
character of the surrounding neighborhood.
I have sent several designs of houses built by Habitat to Nile, as a starting point for our look at designs.
We need to present some designs to Ms. Doerr to see which ones would be best suited to her needs. Nile
has also said that he will talk with his planning office to see if there are some plans within the City that
might be able to be considered.
STEP TWO: Assess the Level of Resources Available
Since our meeting, Ms. Doerr has met with Peter Boyle at FirStar Bank to obtain information about the
amount of mortgage financing for which she would qualify, based on her current income. In talking with
Mr. Boyle, I learned that Ms. Doerr would qualify for about $40,000 on a 30-year mortgage, and about
(more)
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P.O. Box 7557 . Minneapolis, MN 55407-0557 · 612-332-3372 (Office) · 612-332-0640 (Fax)
.<- ..
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Memo on Susan Doerr's House
July 19, 1994
page 2
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$34,000 on a IS-year mortgage. Given Ms. Doerr's age (60), we might be advised to assume a IS-year
mortgage, meaning that we would probably be able to count on a resource base of $34,000 to get the
project going. Mr. Boyle indicated that FirStar would prefer to do a mortgage loan after the home is built,
rather than a construction loan that would then be taken out after construction by the mortgage loan.
FirStar is open to doing the latter (which would be our preference) but there might be some additional
costs, such as closing costs, for the construction and the mortgage loan.
There would, of course, need to be other resources utilized to complete this house. These resources would
come, in my estimation, from three primary sources:
. The City of Stillwater: demolition, site preparation, design services
. Target Stores: financial contributions, volunteer labor, donated materials, construction expertise
and supervision from Ryan Construction or other suppliers and contractors
. The Stillwater community (churches, civic organizations, local businesses): donated materials
and services, volunteer labor .
Nile should project what level of assistance would be available from the City; Anne, Chris and Jay should
assess the level of support that would be available from Target; and I would ask Nile and Wilma to
estimate the level of interest and support that could be forthcoming from the Stillwater community.
STEP THREE: Identify Project Manager
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In order to build the house for Ms. Doerr, there wm need to be one person is charged with the
responsibility and authority to carry out the steps necessary to get the home built. This person could come
from Target or from Ryan Construction, or it could be a person-recruited from the community. It should
be a person who is familiar with residential construction, and is comfortable working with volunteers in
a construction setting.
The Project'Manager's role will include:
. Obtaining penn its and inspections
· Receiving bids and cost estimates
. Ordering materials
. Scheduling crews and sub-contractors
. Overseeing all phases of construction
. Ensuring work stays on schedule
. Making sure final "punch list" items are done
. Paying all bills to suppliers and subs
. Obtaining certificates of occupancy and completion
The Project Manager should be identified and recruited before the final budget is developed, so that the
Project Manager will have the opportunity to obtain bids for costs that will help detennine the final
outcome of the proposal.
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Memo on Susan Doerr's House
July 19, 1994
page 3
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STEP FOUR: Develop tbe Budget
The project budget will need to be developed based on the specific materials and subcontractor costs of
the house, the design of which will have already needed to be approved early in the process. The budget
will need to incorporate information about the level of donated services, labor and materials that would
be devoted to this project. The final budget will need to be set alongside the level of resources available
to make sure there are more resources than expenses. If there is a deficit, we will need to cut costs or
raise the amount of resources available to this project.
STEP FIVE: Build tbe House!
Once the budget, the crews, the resources, the materials and the project manager are assembled,
construction can begin. The construction sequence that will need to be followed, and the types of crews
performing the work, should be as follows:
1) Demolition (including the foundation), site excavation: City of Stillwater
2) Concrete block foundation: Skilled masonry contractor
3) Framing (including doors and windows): Volunteer crews, with skilled leadership
4) Roofing, siding: Volunteer crews, with skilled leadership
5) Plumbing, heating, electrical: Licensed sub-contractors
6) Insulation, vapor barrier: Volunteer crews, with skilled leadership e
7) Drywall hanging, taping, sanding: Skilled drywall contractor
8) Painting: Volunteer crews, with skilled leadership
9) Finish carpentry (trim, interior doors, cabinets): Skilled finish carpenter
10) Flooring installation: Skilled flooring installer
11) Landscaping: Volunteer Crews, with skilled leadership (including sidewalks and parking pad)
On a typical Habitat project, volunteers usually do a considerable amount of the work that the above
schedule calls for skilled contractors to perform. The unique characteristics of the project and the tight
time frame lead me to recommend a higher level of involvement from skilled sub-contractors. Of course,
this project should attempt to recruit volunteers in all areas, including the higher skilled areas.
STEP SIX: Closing
After the home is built and all the inspections have been signed, Ms. Doerr will be able to enter into the
mortgage with FirStar, enabling her to purchase the home. Ms. Doerr would then make her monthly
payments to the bank, as is customary with mortgage loans.
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Memo on Susan Doerr's House
July 19, 1994
page 4
.....
The success of this project will hinge on the level of support generated from the partners in this project
and the community at large. I suggest that we hold a community-wide meeting as soon as the level of
commitment from Target is secured, after the design is approved, and after the Project manager has been
recruited. The purpose of this community meeting will be to generate support from churches, civic
organizations, and other potential volunteers and funders, and to get them to sign up for a level of
participation needed to get the job done.
I would appreciate any reactions you have to this first draft of how this house can be built for Ms. Doerr.
I am sure I have overlooked some important items, and I could use you good eyes and great minds to
draw attention to issues that need to be addressed to make this project successful.
Thanks for your time and energy in this endeavor.
"'"
.,
PLANNING APPLICATION REVIEW
Case No. SUB/94-27
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Planning Commission Date: June 13, 1994
Project Location: Off end of Gilbert Court
Zoning District: RA/PUD
Applicant's Name: Steve Fiterman
Type of Application: Minor subdivision
"0"<-
Proiect Description
Resubdivision of 4 lots into 3 lots of 13,475 sq. feet, 16,469 sq. feet and 21,960 sq. feet.
Discussion
The request is to subdivide parts of 4 lots into 3 lots (see location map). One lot is located off of Pine Tree Trail
(Maxine Benson). This lot is being divided into three pieces, one containing the existing house on Pine Tree
Trail and two fronting on Gilbert Court. A triangular portion of a separate property is being combined with
new Lot I (13,475 square feet). The lots have many pine trees growing on them and will need to be graded
before construction of residences (no grading /drainage plan has been submitted but will be required as a
condition of approval before final plat approval). The grading/drainage plan should show the location of
existing trees and what trees will be removed. This resubdivision was contemplated as a part of the Highlands
Development and utilities were stubbed in to the site to provide for development.
As a condition of Highlands PUD approval a 20 - 30 foot pedestrian easement was required to provide
pedestrian access from Gilbert Court to Lily Lake school. A review of the site indicates the pathway is not in
and evidence of a 20 to 30 foot pedestrian easement has not been provided.. The new lots are of a size and
e dimension that meet the RA zoning requirements.
Recommendation
Approval
Conditions of Approval
I. A grading/drainage tree removal plan shall be submitted for review and approval by the Public Works
Director before council review of the preliminary plat.
2. A 20 foot pedestrian easement from Gilbert Court to Lily Lake School property shall be provided along
the western side of Lot 1 and the pathway shall be improved before final plat approval.
3. No more the 50 percent of tree cover shall be removed from Lots 1 or 2 to prepare the sites for
construction.
Findin~
The proposal is consistent with the zoning and subdivision regulations as conditioned.
Attachments
Application
Preliminary Plat
Letter of support from James Lammers for Maxine Benson
_PC Action - June 13. 1994
5-0 approval
1
APPLlCATWY~ Sag /1-1-,,11
DATE: 6 /~ {f /
I
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER; MN 55082
*ADDITIONAL ENGINEERING COSTS MAY BE
INCLUDED AS PART OF THIS APPLICATION
ENVIRONMENTAL REVIEW
EAW
EIS
==== No Special Environmental Assessment Required
ACTION REQUESTED FEE
Appeal .~
---- Certificate of Compliance
---- Conditional or Special Use Permit
---- Design Review Permit
---- Planned Unit Development
---- Variance
---- Comprehensive PlaJ:;mendment
---- Zonin~;ndment ~t." . 0
Other ..L/Y!M1 . '{7~
~nglneerlng Revlew Fee
TOTAL FEE
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
The applicant shall be responsible for the completeness and accuracy of all forms and
supporting material submitted in connection with any application.
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Any decision made on this proposal can be appealed within ten (10) calendar days of
the date of the action.
APPLICATION DATA
X .. TOTAL FLOOR AREA SQ. FT.
sq. ft. PROPOSED FLOOR AREA SQ. PT.
Feet BUILDING COVERAGE SQ. FT.
PAVED IMPERVIOUS AREA SQ. FT.
# OFF STREET PARKING SPACES
m
LOT SIZE (Dimensions)
TOTAL LAND AREA
HEIGHT OF BUILDINGS: Stories
(Principal)
(Accessory)
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PRELIMINARY PLAT
,GILBERT' COURT ADDITION
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GROUND DEVELOPMEN~
Westerly ext. of
North line
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N.W. Cor of parcel N89.46'-
described in entry 66 01 W
Book 253, Page 137__..______ 294.60 _..um.._
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---- 21600 ---- .
. 140.14
154.40
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---- 216.00 ----
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described In entry 66,
Book 253, Poge 137
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PROPERTY DESCRIPTION
Outlot A. THE HIGHLANDS OF STILLWATER3RD ADdITION. according to the recorded
plat thereof, Washington County, Minnesota.
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and
The West 216.00 feet of the Parcel described in Entry 66, Book 253, Page 13~" in
the office of the County Recorder, Washington County, Minnesota:' .
and
That part of the North~ast Quarter of section 32~'Township 30; Range 20."
Washington County. Minnesota. described as follows:
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Co..encing at the southwest corner of Parcel as described in Entry 66, Book
253 of Deeds, Page 137, in the office of the County Recorder. Washington
County, Minnesota; thence northerly along the west line of said Parcel
12.75 feet to the point of beginning of the land to be described; thence
continuing northerly along said west line to the northwest. corner of s~+~
Parcel; thence westerly to a point of intersection with the westerly.
extension of the north line of said Parcel with the northwesterly extension
of the southwesterly line of Outlot A, THE HIGHLANDS OF STILLWATER 3RD
ADDITION. according to the recorded plat thereof, Washington County.
Minnesota; thence southeasterly along said northwesterly extension of said
Outlot A. 110.45 feet to the .ost northerly line of said Outlot A; thence
easterly along the .ost northerly line of said Outlot A, to the point of
beginning. I . .
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I hereby certify that this survey, plan or report was prepared by me or under my direct
supervision and that I om duly Regis.tered L?nd Surveyor ~~d~r the laws of the State of
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SKETCH & DESCRIPTION
FOR
GROUND DEVE~OPMENT
N.E COR. See. 32. lV/P. 30 R. 20~' .
589'22'01 ME
1694:70
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Line parallel with west line of porcol
DO$(;. entry 66. Book 25.3, Pago 137
West line of parcel desc.
Entry 66. Book 253. Page 137
Scale:
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589"46'01"E
_m____ 435.60 u.m_
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216.00 219.60
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Parcel A OJ 8 Parcel 8
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AREA :; 8 AREA
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21,599 sq.!!. :;il 21,960 sq.tl.
216.00 219.60
_u____n 435 60 .
N89"46'01"W
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PROPOSED DESCRIPTION FOR PARCEL A
The West 21&.00 feet of the following described parcel: All that part of the Northeast Quarter.~NE~1/4) of S~~tion Thirty-two (32),
Township Thirty (30) North, Range Twenty (20) West, described as follows:
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Coa.encing at the northeast corner of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) West, Washington
County, l1innesota: thence South 8' degrees 22 .inutes.Ol second East along the north line of said Section Thirty-two (32) for
1&'4.70 feet: thence South 5 degrees 31 ainutes 01 second East for 741.30 feet: thence South 0 degrees 41 ainutes 5' seconds West
for 101.40 feet: thence North 8"degrees 44 ainutes 01 second West for'30.0 feet to the'point of beginhing of this'description:
thence continuing North 8' degrees 44 ainutes 01 second West for 435.40 feet: thence North 0 degrees 41 .inutes 59 seconds East
for 100 feet: thence South 89 degrees 46 ainutes 01 second West for 435.60 feet: ~hence South 0 degrees 41 .inutes 59 seconds West
for 100.00 feet to the point of beginning. :
PROPOSED DESCRIPTION FOR PARCEL 8
All that part of the Northeast Quarter of Section 32, ~ownship 30, Range 20, described as follows:
Coa.encing at the northeast corner of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) West, Washington
County, l1innesota: thence South 8' degrees 22 .inutes 01 second East along the nor.th line of said Section Thirty-two. (32) for
1694.70 feet: thence South 5 degrees 31 .inutes 01 second East for 741.30 feet: thence South 0 degrees 41 .inutes 59 seconds West
for 101.40 feet: thence North 89 degrees 46 ainutes 01 second West for 30.0 feet to the point of beginning of this description:
thence continuing North 89 degrees 46 .inutes 01 second West for 435.60 feet: thence North 0 degrees 41 ainutes 59 seconds East
for 100 feet: thence South 89 degrees 46 ainutes 01 second West for 435.60 feet: thence South 0 degrees 41 .inutes 59 seconds West
for 100.00 feet to the point of beginning. except the West 21&.00 feet thereof.
Together with an' ease.ent for roadway purposes to provide access fro. the above described tract to the public road to the north
described as follows:
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A 30.00 foot road ease.ent over a part of the Northeast Quarter (NE-1/4) of Section Thirty-two (32), Township Thirty (30) North,
Range Twenty (20) West, the east line of said easeaent being located and described as follows: 8eginning at a point on the north
line of Section Thirty-two (32), Township Thirty (30) North. Range Twenty (20) West, Washington County, l1innesota. 1694.70 feet
West of the northeast corner of said Section Thirty-two (32). said point being on the east line of said 30.00 foot road ease.ent:
thence South 5 degrees 31 .inutes 01 second East along said east line of 30.00 foot road ease.ent for 741.30 feet: thence South 0
degrees 41 .inutes 51 seconds West along said east line of 30.00 foot road ease.ent for 101.40 feet to the end of the road
ease.ent, said road ease.ent being 30.00 feet in width fro. the east to west and being adjacent to the east line of the above
described one acre tract and couencing at the south line of said on acre tract and then running northerly to the said north line
of Section Thirty-two (32), said roadway to be used in co..on by the parties hereto and others.
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I hereby certify that this survey, _ pl'!n or report, ~as prepared by me or un~:~ :rn.~L .~!:e:tr
LAW OFFICES OF
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ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING
1635 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55062
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LYLE.J. ECKBERG
.JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK .J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS.J. WEIDNER
SUSAN D. OLSON
(612) 439-2878
FAX (612) 439-2923
June 2, 1994
Mr. steve Russell
Community Development Director
City of stillwater
216 North Fourth street
stillwater, MN 55082
In Re: Maxine Benson
Gilbert Court Addition Minor Subdivision
Dear Steve:
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Regarding the above-entitled matter, I represent Maxine
Benson, who is the owner of Parcels A and B as set forth in the
attached Sketch and Description. As you are aware, Ground
Development, Inc. has submitted an application for approval of a
minor subdivision. The purpose of this request is to allow Mrs.
Benson to convey to Ground Development, Inc. Parcel A, which is the
west one-half (1/2) of her property. This conveyance was
contemplated at the time that Gilbert Court Addition was platted.
My client prefers not to attend either the Planning
Commission Meeting or the City Council Meeting unless her
attendance is required. It is my impression that this is a
straight forward request, but should there be any problems or
concerns which need to be addressed, or should the presence of Mrs.
Benson or her representative be required, I would appreciate your
contacting me.
Thank you for your cooperation and consideration
regarding the above.
Very. truly _yeurs,
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Enclosure
c: Maxine Benson
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JUN-30-94 THU 18:02
GROUND DEVELOPMENT
FAX NO, 546+7321
P.02
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GROUND
[)) ill W1E 1L CD 1F M 1E N II
CORPORATION
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1550 UTICA AVE. SO. # 485 MPlS'J MN. 55416 612-546-2625
June 30, 1994
STEVE RUSSELL
CITY OF STILLWATER
216 NORHT FOURTH STREET
STILLWATER. MN. 55082
Re: GILBERT COURT ADDITION
Dear Sieve.
I respectfully request a continuance of the above matter by the CUy of Stillwater, at hs~tuly't ~)
1994 City Council Meeting. Ground Development, Inc. has not been able to compile all the
informalion requested by the planning commiSsion and made a condition of approval. e
Thank you again for your aUention to this matter,
\
Steve iterman
President
SCF:als
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MEMORANDUM
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TO:
Mayor and City Council
FROM:
City Coordinator
RE:
Agreement for Collection and Payment of County Service Charge
DATE:
August 12, 1994
Accompanying this memo are the:
1. Agreement between the City and County for the collection of the
Solid Waste Management Service Charge established by Washington
County; and
2. Agreement between the City and Junker Sanitation, Inc. for the
payment of the service charge.
Drafts of the agreements have been submitted to the County and to Junker
Sanitation, Inc. Some modifications have been made that require further review
and consideration. However, any further modifications will be minor, and I have
placed this on the agenda for Council consideration at Tuesday's meeting.
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1994
SOLID WASTE MANAGEMENT SERVICE CHARGE COLLECTION AGREEMENT
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THIS AGREEMENT is made and entered into by and between the County of Washington
hereinafter referred to as the "County" and the City of Stillwater hereinafter referred to as the "City".
WHEREAS, the Waste Management Act, which imposes various mandates upon counties,
was created out of concern for the protection of water, air and land resources, as well as protection of
public health; and
WHEREAS, the Washington Connty Board of Commissioners established a solid waste
management service charge assessed to residential and on-residential generators and collected by
licensed waste collectors; and
WHEREAS, in cities with organized collection where the City bills the generators of service,
the City ~ collect the waste management service charge; and
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WHEREAS, in consideration for the City collecting the service charge for the County, the
County is willing to accept a $1.40/per month for the service charge from the City of Stillwater for
each residential waste generator.
NOW 1HEREFORE, in consideration of the mutual undertakings and agreements hereinafter e
set forth, the County and the Grantee agrees as follows:
THE COUNfY WILL:
1. Reduce the amonnt of residential solid waste management service charge to generators that
the City needs to collect from $1.60fmonth to $1.40/month.
2. Agrees to not perform an audit of records of collection and remittance.
'I1-ffi CITY WILL:
1. Cause to be collected and remitted to the County $1.40/month per residential generator (as
defmed in the County SW Ordinance)
2. Include a statement in a billing describing the service fee.
3.
Cau~e to be remitted the solid waste management charge to the Ramsey/Washington Resource
Recovery Project, 6989 North 55th Street, Suite C, Oakdale,MN 55128 on a -monthly, bi-
monthly, or quarterly basis. Agree to submit on proper forms and complete July 20, 1994
report to the Resource Recovery Prq,ject and agree to all other conditions of remittance of the
charge as defmed in the County Ordinance.
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All data collected, created, received, maintained, or disseminated for any purposes by the activities
of City because of this Agreement (all data) is governed by the Minnesota Government Data Practices
Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now
in force or as adopted, as well as Federal regulations on data privacy. City agrees to maintain all data
for a period of three (3) years from the date of termination of this Agreement.
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It is understood and agreed that the entire Agreement between the parties is contained here and that
this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter. All items referred to in this Agreement are incorporated or attached and are deemed
to be a part of this Agreement.
Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall
be valid only when they have been reduced to writing as an Amendment and signed by the parties.
Either party may terminate this Agreement at any time following thirty (30) days "TItten notice to the
other, and this agreement shall terminate and have no effect without notice if at any time the solid.
waste management charge is certified by the County for collection with real estate taxes. If this
Agreement is terminated, the service charge to Stillwater residential generators reverts to $1.60 per
month.
RESOLUTION NO. 94-
APPROVAL OF WASTE MANAGEMENT
SERVICE CHARGE COLLECTION AGREEMENT
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Waste Management
Service Charge Collection Agreement, by and between the County of Washington and the
City of Stillwater, Minnesota, is hereby approved, and the appropriate city staff is authorized
to sign said Agreement.
Adopted by Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
ATTEST:
Modi Weldon, City Clerk
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AGREEMENT FOR PAYMENT OF
SOLID WASTE MANAGEMENT SERVICE CHARGE
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This agreement made this day of August, 1994 by and between JW1k:er Sanitation, Inc.
"contractor", and the City of Stillwater, a municipal corporation, of the County of Washington, State
of Minnesota, "City".
Witnesseth:
WHEREAS, the Washington County Board of Commissioners established a solid waste
management service charge assessed to residential and non-residential generators and collected by
licensed waste collectors; and
WHEREAS, in cities with organized collection where the City bills the generators of service,
the City shall collect the waste management service charge; and
WHEREAS, in consideration for the City collecting the service charge for the County, the
County is willing to accept a $1.40/per month for the service charge from the City of Stillwater for
each resident.ial waste generator; and
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WHEREAS, Junker Sanitation, Inc. is the residential waste collection contractor for the City
of Stillwater.
NOW TIffiREFORE, in consideration of the mutual undertakings and agreements hereinafter
set forth, the City and the contractor agrees as follows:
I. The Contractor will:
1.' Pay to Washington County an amount equal to $1.40 per month per City residential
generator.
2. Make payment monthly based on City records relative to occupancy of residential
dwellings.
II. The City will:
1. Provide contractor with monthly billing reports relative to occupancy of residential
dwellings.
2. Remit to contractor any refimds of payments made by contractor the City receives
pursuant to a judgement or order by a court of competent jurisdiction to set aside or
refimd the surcharge.
e IN WITNESS WHEREOF, we have hereunto set our hands the day and year first written above.
Junker Sanitation Inc.
By:
Its:
City of Stillwater
By:
Its:
President
Mayor
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RESOLUTION NO. 94-
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APPROVAL OF AGREEMENT FOR PAYMENT
OF SOLID WASTE MANAGEMENT SERVICE CHARGE
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement for
Payment of Solid Waste Management Service Charge, by and between Junker Sanitation, Inc.,
and the City of Stillwater, Minnesota, is hereby approved, and the appropriate city staff is
authorized to sign said Agreement.
Adopted by Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
ATTEST:
Modi Weldon, City Clerk
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I..AW OFFICES OF"
ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING
1835 NORTHWES"l'EFlN AVENUE
S'rU.I.WATE:R. MINNESOTA ~e.082
LYLE,J. ECKBERG
.JAMES F. LAMMERS
ROBERT G. &FlIGGS
PAUL A. WOL.FF
MARK .J. VIe;RI,..ING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS .J. WEIDNER
SUSAN O. OLSON
(012) 439.2878
FAX (012) 439-2923
August 12, 1994
Sent via Facsimile #439-Q456
Mr. Nile Kriasel
City of stillwater
216 North Fourth street
Stillwater, MN 55082
Dear Nile:
I havE;},:rav:.i.ewe4the .........n.tfor paym.ent ot Solid Waste Manaqement
, )J"~ w1thJim and it is acceptable to him except that he
ule! lik'itoadd language to void the agreament in the event this
charge is collected ~y pro.v*taxes. Perhaps as a suggestion,
we could " ,; which would state that:
a.......nt '~ ," ,#v ," .t:l.l.t'IIllIl..~~' ,
cijV'i! ,,~.Ctbl1ected b y ~axes rather t an cert
~n." If there a no objections to that addition, Jim has
Bifteatad he could sign the agreement, as modified, prior to the
Tuesday meeting.
Yours very truly,
~
Robert G. Briggs
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Enclosure
cc: David T. Magnuson (by facsimile #439-5641)
Jim Junker, Junker Sanitation (by facsimile #439-6455)
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Fi1:'.at Draft
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August 10, 1994
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DEVELOPMENT CONTRACT
RELATING TO THE
PLAT OF KUTZ'S ADDITION
BETWEEN THE
CITY OF STILLWATER, WASHINGTON COUHTY, MINNESOTA
AND
RICHARD W. AND JANET R. KUTZ
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This agreement was drafted by:
David T. Magnuson, #66400
Magnuson Law Firm
324 South Main street, Suite 260
P.O. Box 438
Stillwater, KN 55082
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DEVELOPMENT CONTRACT
~IS AGREEMENT, made and entered into this day of , 1994,
by and between the city of Stillwater, a political subdivision of the State of
Minnesota, (hereinafter called the "City"), and Richard W. and Janet R. Kutz, a
Minnesota general partnership, (hereinafter called the "Developer");
WIT.NESSE~ THAT, the parties hereto recite and agree as follows:
Section 1. Recitals.
1.01. The Propertv. The Developer is the contract purchaser of the
Property described in the proposed plat of Kutz's Addition to the City of
Stillwater.
1.02. Subdivision. The Developer has made application to the City under
the City zoning ordinance and its subdivision ordinance to develop the
property with single family residential uses. The Planning Commission and
the City Council have reviewed the application in accordance with
Minnesota Law and City ordinances. The City has agreed to approve the
plat and to accept Deeds of Dedication of the public facilities within the
plat, subject to full performance by the Developer of all its obligations
of this agreement.
1.03. Public Improvements. The Developer has requested that, at its
expense, it be allowed to construct the public streets lying within the
property, and the storm waste facilities described on the proposed plat
and any improvements necessary to serve the Project ("Public
Improvements"). The City is willing to allow the Developer to construct
and install the Public Improvements, only if the conditions set forth in
this Agreement are satisfied.
1.04. Public Improvements: Plans, Specifications. The City agrees to
authorize Short, Elliot and Hendrickson, (the "Consulting Engineer") to
review and approve the plans and specifications for the Public
Improvements. The specifications shall be both to City standards, MNDot
standards for street construction and the rules and regulations of the
Board of Water Commissioners. Approval by the Consulting Engineer of the
plans and specifications for the Public Improvements shall be a condition
of this Agreement.
1.05. Public Improvements, Warrantv. Developer agrees that the work will
be done in a workmanlike manner; that all materials and labor will be in
strict conformity to the specifications and any requirements set forth by
the City in their plat approval. All work done pursuant to this contract
shall be subject to the inspection and approval of the Consulting
Engineer, who shall have the authority to suspend or stop work on the
project if any condition of this contract is breached or any law or
administrative rule is violated.
In the case of any material or labor that is supplied and that is rejected
by the Consulting Engineer as defective or unsuitable, then the rejected
materials shall be removed and replaced with approved material, and the
rejected labor shall be done anew to the satisfaction and approval of the
Consulting Engineer at the sole cost and expense of the Developer. This
warranty shall extend for two years beyond the completion date of the
Public Improvements.
1.06. Public Imorovement Schedule. The Developer further agrees that it
will commence work on the improvement on or before , 1994,
and will have all work done and the improvements fully completed to the
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satisfaction and approval of the city on or before september 1, 1995. The
Developer shall be excused from the strict completion date if written
notice is received from the Developer of the existence of causes over
which the Developer has no control, which will delay the completion of the
work. In that event, the City may extend the completion date.
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section 2. Developer's Representations. The Developer represents to the
city that as of the date of this Agreement, the statements set forth in this
section are true.
2.01. No Disabilitv. The Developer knows of no legal disability that
would prevent it from carrying out this Agreement.
2.02. Ownership. The Developer is well seized in fee simple of the
Property with marketable title.
2.03. Execution No Violation. The execution, delivery and performance of
this Agreement does not and will not result in any breach of, or
constitute a default under, any indenture, mortgage, contract, agreement
or instrument to which the Developer is a party or by which it or the
property is bound.
2.04. Li tiqation. There are no pending or, to the knowledge of the
Developer, threatened actions or proceedings before any court or
administrative agency which will materially adversely affect the financial
condition, business or operation of the Developer or the ability of the
Developer to perform its obligations under this Agreement.
2.05. Compliance. The Developer will comply with and promptly perform
all of its obligations under this Agreement and all related documents and
instruments.
section 3. Security.
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3.01. Consultant Fees and Charqes. The Developer will pay to the City
when due, all consultant fees incurred by the City in behalf of or at the
request of the Developer, including the costs of engineering, legal and
testing services, and reasonable administrative expenses.
3.02. Public Improvement Costs Letter of Credit. Prior to beginning
work, Developer shall furnish to the City a Letter of Credit issued by a
bank previously approved by the City which shall guarantee payment of the
cost of Public Improvements and performance of the Developer's obligation
contained in this Agreement at a cost of no less than $ .
At least thirty (30) days prior to the expiration of any Letter of Credit
provided under this Section Developer shall provide the City with a
replacement Letter of Credit which shall extend at least one year beyond
the expiration date of the Letter of Credit then in effect or, if earlier,
until a date which is sixty (60) days beyond the contractor's written
estimated date for completion of the Public Improvements, or Developer
shall be in default hereunder with no opportunity to cure and the City may
immediately draw upon the Letter of Credit then in effect. Developer may
at any time secure a reduction of the face amount of any Letter of Credit
then in effect by an amount equal to the amount which it has disbursed to
any contractor for construction of the Public Improvements, except that at
least 25% of the Letter of Credit shall remain available to the city for
a period of one year beyond the completion date of the Public
Improvements. Any letter of credit provided under this Section shall
permit the City to draw upon it for the full face amount thereof, as
reduced from time to time as provided herein, upon 10 days' written notice
to the Developer of its opportunity to cure, or immediately in the event
Developer fails to comply with any obligation stated in this Section with
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respect to replacement Letters of Credit.
Section 4. Develo~er's Undertakinqs.
4.01. Easements. The Developer shall furnish to the City upon request
and without charge, all permanent easements as designated in the plat and
the plans and specifications, including walkway easements or pedestrial
trail easements, or such alternate sites as may be requested by the City,
and deeds to property deemed necessary by the City for the location,
construction, installation and operation of the Public Improvements to be
constructed on the Property, in form and content satisfactory to the City.
4.02. Park Dedication Fee. The Developer shall, as a condition of this
Agreement, comply with the Park Dedication requirement of the City plat
approval process and pay the sum of $ in lieu of land
dedication.
4.03. Erosion Control Measures Durinq Construction. Developer agrees
that it will construct erosion control devices in conformance with the
approved Construction Plans for the Public Improvements. This plan shall
protect the adjacent ponds and wetlands from erosion, pollution and
siltation during the construction of the Public Improvements and shall be
approved by the Washington County Soil and Water Conservation District.
4.04. Erosion control Plan, Storm Water Improvements. Developer agrees
to submit to the City an erosion control plan that will protect the storm
water facilities within the plat and adjacent ponds and wetlands from
erosion, pollution and siltation during the time that the Developer or its
successors and assigns are constructing buildings on the lots included in
this plat. The Developer shall be responsible to carry out this plan for
five (5) years, after the date of this agreement.
4.05. Middle st. Croix Watershed Manaqement Orqanization (MSCWMO).
Developer acknowledges that the property is regulated by MSCWMO, and
Developer agrees to follow MSCWMO regulations with regard to the property,
and that a default or violation of any of their regulations is a default
as defined in this agreement.
4.06. city Requlations. Developer acknowledges that the property is
regulated by the City of Stillwater and that a default under City
ordinances or condition of approval of any permit is a default as defined
in this agreement. The following conditions of approval imposed by the
City Council as part of Subdivision Applications No: Subj94-18 are made
conditions of this agreement.
(a) A storm water management plan shall be prepared by the Developer
and filed with and approved by the Community Development Director
before final plat approval.
(b) A grading, drainage and erosion control plan shall be prepared
by the Developer and filed with and approved by the Developer before
final plat approval.
(c) No filling shall be permitted on building pad sites.
(d) All road and drainage improvements shall be set back at least 50
feet from any delineated wetlands.
(e) The building and development plans for Lots 1, 2 and 3 shall be
reviewed by the Community Development Director before any
development occurs to ensure that at least 50% of the tree canopy is
maintained.
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(f) No asphalt surfacing shall be installed on any road after
October 1, 1994.
(g) No home construction shall be started before the installation of
at least one course of asphalt.
4.07. Damaqe to citv Facilities. The Developer shall be responsible for any
damage caused to any City facilities or improvements including roads, storm water
systems, sewer and water facilities, by the Developer, its contractors, agents
or employees and for any repair or clean up costs o~expenses incurred by the ~
city in taking remedial action. ~~
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section 5. Insurance.
5.01. Insurance. Developer will provide and maintain or cause to be
maintained at all times during the process of constructing the Public
Improvements and, from time to time at the request of the city, furnish
the city with proof of payment of premiums on:
(a) Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed
operations and contractual liability insurance) together with an
owner's Contractor's policy with limits against bodily injury and
property damage of not less than $1,000,000 for each occurrence (to
accomplish the above-required limits, an umbrella excess liability
policy may be used), and shall be endorsed to show the city as an
additional insured to the extent of its interest.
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(b) comprehensive general public liability insurance, including
personal injury liability for injuries to persons and/or property,
including any injuries resulting from the operation of automobiles
or other motorized vehicles on or about the Development Property, in
the minimum amount for each occurrence of $1,000,000, and shall be
endorsed to show the City as an additional insured to the extent of
its interest.
(c) Workers' Compensation insurance respecting all employees of
Developer in amounts not less than the minimum required by statute.
section 6. Restrictions on Transfer: Indemnification.
6.01. Indemnification. Developer agrees to defend and hold the City, and
its officials, employees and agents, harmless against any and all claims,
demands, lawsuits, judgments, damages, penalties, costs and expe'nses,
including reasonable attorney's fees, arising out of actions or omissions
by Developer, its employees and agents, in connection with the project.
6.02. Enforcement bv city: DamaCles. The Developer acknowledges the right
of the City to enforce the terms of this Agreement against the Developer,
by action for specific performance or damages, or both, or by any other
legally authorized means. The Developer also acknowledges that its
failure to perform any or all of its obligations under this Agreement may
result in substantial damages to the City; that in the event of default by
the Developer the City may commence legal action to recover all damages,
losses and expenses sustained by the City; and that such expenses may
include, but are not limited to, the reasonable fees of legal counsel
employed with respect to the enforcement of this Agreement.
Section 7. Events of Default.
7.01. Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean,
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whenever it is used in this Agreement, anyone or more of the following
events: ' c.
(a) Subject to Unavoidable Delays, failure by Developer to commence
and complete construction of the Public Improvements pursuant to the
terms, conditions and limitations of this Agreement.
(b) Failure by Developer to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or
performed under this Agreement.
7.02. Remedies on Default. Whenever any Event of Default occurs, the
City may take anyone or more of the followin9 actions:
(a) The City may suspend work on the project and its performance
under the Agreement until it receives assurances from Developer,
deemed adequate by the city, that Developer will cure its default
and continue its performance under the Agreement.
(b) The City may initiate such action, including legal or
administrative action, as is necessary for the City to secure
performance of any provision of this Agreement or recover any
amounts due under this Agreement from Developer or under the Letter
of Credit described in S3.02.
Section 8. Administrative Provisions.
8.01. Notices. All Notices, certificates or other communications
required to be given to the City and the Developer hereunder shall be
sufficiently given and shall be deemed given when delivered, or when
deposited in the United States mail in registered form with postage fully
prepaid and addressed, as follows:
If to the City:
Nile Kriesel, Coordinator
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
If to Developer:
Richard W. and Janet R. Kutz
921 Harriet Street
Stillwater, MN 55082
The City and the Developer, .by notice given to the other, may designate
different addresses to which subsequent notices, certificates or other
communications will be sent.
Section 9. Additional Provisions.
9.01. Titles of Sections. Any titles of the several parts of the
Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
9.02. CounterParts. This Agreement is executed in any number of
counterparts, each of which shall constitute one and the same instrument.
9.03. Modification. If Developer is requested by the Holder of a
Mortgage or by a prospective Holder of a prospective Mortgage to amend or
supplement this Agreement in any manner whatsoever, the City will, in good
faith, consider the request, provided that the request is consistent with
the terms and conditions of this Agreement.
9.04. Law Governinq. This Agreement shall be governed by and construed
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in accordance with the laws of the state of Minnesota.
9.05. Severability. In the event any provision of this Agreement shall -~
be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other
provisions hereof.
Section 10. Termination of A<<reement.
10.01. Termination. This Agreement shall terminate at the time all of
the Developer's obligations hereunder have been fulfilled and when the
cost of the Public Improvements have been paid in full and any default of
the Developer has been cured.
IN WI~SS WHEREOF, the city has caused this Agreement to be executed in
its corporate name by its duly authorized officers and sealed with its corporate
seal; and the Developer has executed this Agreement at stillwater, Minnesota, the
day and year first above written.
CITY OF S~ILLWATER
(SEAL)
By:
Charles M. Hooley, Its Mayor
and
Morli Weldon, Its City Clerk
DEVELOPER
Richard W. Kutz
Janet R. Kutz
STATE OF MINNESOTA )
) SSM
COUNTY OF WASHINGTON)
On this day of , 1994, before me, a Notary Public within
and for said County, appeared Charles M. Hooley and Morli Weldon, to me
personally known, who, being by me duly sworn, did say that they are,
respectively, the Mayor and City Clerk of the City of Stillwater, and that this
instrument was signed and sealed in behalf of the City by authority of its City
council, and they acknowledged that said instrument was the free act and deed of
the city.
Notary Public
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STATE OF MINNESOTA )
) SSM
COUNTY OF WASHINGTON)
On this day of , 1994, before me, a Notary Public within
and for said county, appeared Richard W. Kutz and Janet R. Kutz, to me personally
known, who, being duly sworn, did say that they are the Developers named in the
foregoing instrument and that this instrument was signed as the free act and deed
of the Developer.
Notary Public
CONSENT
Nicolaus R. and Gretchen Balough, being the fee owners of the property,
hereby consent to the execution of this agreement by the Developer and to the
recording of this instrument with the Washington County Recorder.
Nicolaus R. Balough
Gretchen Balough
STATE OF
SSM
COUNTY OF
On this day of , 1994, before me, a Notary Public within
and for said County, appeared Nicolaus R. Balough and Gretchen Balough, to me
personally known, who, being duly sworn, did say that this consent was signed as
their free act and deed.
Notary Public
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EXHIBIT "A"
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All that part of the Northwest Quarter of the Northeast Quarter (NW~ of
NE~) of Section Twenty-nine (29), Township Thirty (30) North, Range Twenty '(20)
West, lying South of the right-of-way of the Minneapolis and st. Paul Suburban
Railway Company (which right-of-way is now abandoned) containing 3.032 acres,
more or less;
and
The South Twenty-five (25) feet of the said right-of-way of the Minneapolis
and st. Paul Suburban Railway Company, being a One Hundred (100.00) foot wide
strip across the Northwest Quarter of the Northeast Quarter (NW~ of NE~) of said
Section Twenty-nine (29), Township Thirty (30) North, Range Twenty (20) West,
which right-of-way is now abandoned;
and
Together with an easement for ingress and egress over and across the now
abandoned right-of-way of the Minneapolis and st. Paul Suburban Railway company
being a 100 foot wide strip across the Northwest Quarter of the Northeast Quarter
(NW~ of NE~) of said Section 29, Township 30 North, Range 20 West, except the
Southerly 25 feet thereof. Also the right to install sewer, water and other
utilities in said right-of-way.
EXHIBIT "B"
IRREVOCABLE LETTER OF CREDIT NO.
TO: City of stillwater
Washington County
Minnesota
We hereby issue an irrevocable stand-by Letter of Credit No. in favor
of the City of stillwater, Minnesota (the "City") , for account of
(the "Applicant"), which is available by
negotiation of City's draft at sight on or before the day of
1995, for 100% of statement value, up to an amount not to exceed
Dollars, accompanied by a written statement, executed by the Mayor of the City
or its designee, bearing the number of this Letter of Credit and stating that the
amount of the City's draft covers the indebtedness of the Applicant to the City
provided for in Section 3.02 of the "Development Agreement" by and between the
City of stillwater and the Applicant approved by the City as of the day of
, 1994, as amended.
We hereby agree with the City that all drafts drawn under and in
substantial compliance with the terms of this credit will be duly honored on
presentation.
This credit shall be construed in accordance with the laws of the state of
Minnesota including, in particular, Minnesota statutes, Section 336.5-101 to
336.5-117 (Uniform Commercial Code, Article 5, Letters of Credit).
By
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RESOLUTION NO. 94-
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APPROVAL OF DEVELOPMENT AGREEMENT RELATING TO
KUTZ ADDITION, L.I. 308
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Development
Agreement relating to Kutz Addition, by and between the City of Stillwater, Minnesota, and
Richard W. and Janet R. Kutz, is hereby approved, and the appropriate city staff is authorized
to sign said Agreement.
Adopted by Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
ATTEST:
Modi Weldon, City Clerk
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MAGNUSON LAW FIRM
LICENSED IN MINNFSOTA AND WISCONSIN
-....
THE GRAND GARAGE &. GAU.EJlY 324 S01Jl'll MAIN STREET SUITE 1160 P.O. BOX 438 STILLWATER., MN 55081
TELEPBONE:(611) 439-9464 TFLECOPIEll.:(611) 439-5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MATTHEW A. STAEHLING
August 11, 1994
MELODIE ARVOLD
SHELLEY SUNDBERG
Jim Lammers
Eckberg, Lammers, Briggs,
Wolff & Vierling
1835 Northwestern Avenue
stillwater, MN 55082
Dear Jim: .
I enclose the original and three copies of the Development Agreement for the
Myrtlewood project that has the corrections that you wanted and now contains an
Exhibit "B" that proposes to divide the assessments among eight lots in the
development. If this could be signed by Huelsmann, I could obtain approval of
it at next Tuesday's meeting. Call me if you have any problems.
Yours very truly,
~
David T. Magnuson
DTMjsls
Enclosures
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DEVELOPMENT AGREEMENT
RELATING TO
MYRTLEWOOD
BY AND BETWEEN THE
CITY OF STILLWATER, MINNESOTA
AND
RICHARD L. HUELSMANN
This agreement was drafted by:
David T. Magnuson
Magnuson Law Firm
The Grand Garage & Gallery
324 South Main Street, #260
Stillwater, MN 55082
DEVELOPMENT AGREEMENT
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THIS AGREEMENT, made and entered into this day of ,
1994, by and between the CITY OF STILLWATER, arnunicipal corporation and
political subdivision of the State of Minnesota, (hereinafter called the "City"),
and RICHARD L. HUELSMANN, (hereinafter called the "Developer");
WITNESSETH THAT, in the mutual exercise of their powers and in
consideration of the mutual covenants contained herein, the parties agree as
follows:
section 1. Recitals.
1.01. The Property. The Developer now owns the Property described in the
attached Exhibit "A", (the "Property"), which comprises proposed Lots 1
through 9, Block One, Myrtlewood, located in the city of Stillwater,
Minnesota.
1.02. Subdivision. The Developer has made application to the City under
the City zoning ordinance and its subdivision ordinance for approval to
subdivide and develop the property as single-family residential uses. The
Planning Commission and the City Council have reviewed the application in
accordance with Minnesota law, the City Charter, and ordinances, and have
given preliminary Approval to the development.
1.03. The Facilities and proiect. The Developer, in accordance with City
approval, plans to make the lots available for sale as single family
homesites.
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1.04. Public Improvements: Hearinq. The Developer has filed with the
City a petition requesting that the City construct all street, storm
sewer, sanitary sewer and water system improvements necessary to serve the
Project. The City Council by its resolution accepted the petition,
designated the proposed improvements as Local Improvement No. 304 and
authorized the City's Consulting Engineer, Short, Elliot, Hendrickson,
Inc., (the "Consulting Engineer"), to prepare a feasibility report
concerning Improvement No. 304. The Consulting Engineer prepared a
feasibility report of Improvement No. 304, dated June 15, 1994, and
presented it to the City Council at its regular meeting on June 21, 1994,
and, the City Council directed that a public hearing normally held
pursuant to Minnesota Statutes S429 . 031, be waived pursuant to the
Developer's request. The improvement was thereafter ordered, subject to
this Agreement being executed and subject to the terms and conditions
contained in this Agreement.
1.05. Public Improvements: Plans: Specifications: Bids. Upon request by
the Developer, the City council authorized the Consulting Engineer to
prepare plans and specifications for Improvement No. 304.
The sanitary sewer, water system, storm sewer and street improvements
described in the plans and specifications and any modifications or
additions duly made by change order, add-on, or add-alternate, are
hereinafter referred to as the "Improvements".
1.06. Order of Improvements: Award of Contracts. The Developer has
requested the City Council to order the construction of Improvement No.
304, to enter into contract for the construction of the Improvements, and
to pay and finance the cost thereof as hereinafter provided. The City is
willing to take this action, but only on the terms and conditions, and in
consideration of the Developer's representation set forth in this
Agreement.
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section 2. Developer's Representations. The Developer hereby represents,
warrants and covenants to the city that as of the date of this Agreement, the
statements set forth in this section are true and correct.
2.01. No Disability. The Developer is an individual, who is not now
married, and is of legal age and knows of no legal disability that would
prevent him from carrying out this Agreement.
2.02. Ownership. The Developer is well seized in fee simple of the
Property and has marketable title to the real estate described in the
plat.
2.03. Execution No Violation. The execution, delivery and performance of
this Agreement does not and will not result in any breach of, or
constitute a default under, any indenture, mortgage, contract, agreement
or instrument to which the Developer is a party or by which it or its
property is bound.
2.04. Litiqation. There are no pending or, to the knowledge of the
Developer, threatened actions or proceedings before any court or
administrative agency which will materially adversely affect the financial
condition, business or operation of the Developer or the ability of the
Developer to perform his obligations under this Agreement.
2.05. Compliance. The Developer will comply with and duly and promptly
perform all of his obligations under this Agreement and all related
documents and instruments.
Section 3. Developer's Undertakinqs.
3.01. Easements. The Developer shall furnish to the City upon request
and without charge, all permanent and construction easements; as
designated in the plans and specifications (or such alternate sites as may
hereafter be agreed upon by the Developer and the City) and deeds to
property deemed necessary by the City for the location, construction,
installation and operation of the Improvements to be constructed on the
property by the City, in form and content satisfactory to the City.
3.02. Assessments and Charqes. The Developer will pay to the City when
due, all consultant fees incurred by the City in behalf of or at the
request of the Developer, all special assessments, interest and other
amounts due with respect to the Project as hereinafter provided and will
pay to the City when due, all permit fees', connection charges, user
charges or other charges lawfully imposed by the City, with respect to all
portions of the Property, when the fees or charges are incurred or become
due.
3.03. Transfer of Proiect. Unless and until all bonds issued by the City
to finance the Improvements are paid in full or discharged in accordance
with the resolutions authorizing their issuance, the Developer shall not
voluntarily sell, assign or transfer substantially all of his interest in
the project or any part thereof without the written consent of the City,
which shall not be unreasonably withheld. This shall not prevent or apply
to the sale, in the ordinary course of business, of lots to individual
owners or contractors for the construction of residences, but the sale
shall in no way affect or diminish the obligations of the Developer under
this Agreement.
Section 4. City's Undertakinqs.
4.01. Improvement No. 304. The City shall order the construction of
Local Improvement No. 304 in accordance with law, and shall forthwith
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award and enter into a contract for the construction of the Improvements
and shall cause the Improvements to be constructed in accordance with the
plans and specifications. The city shall have the right to order such
modifications in the work and the construction contract therefor as are
recommended by the consulting Engineer and are deemed necessary by the
City. Copies of all proposed modifications in the construction contract
or the work shall be furnished to the Developer prior to its consideration
and approval by the City Council.
4.02. Financinq. The city shall sell and issue its General obligation
Improvement Bonds, pursuant to Minnesota Statutes, Chapter 429, in an
amount sufficient with all moneys available and appropriated for the
purpose, to finance its obligations hereunder.
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section 5. Cost Recoverv.
5.01. Cost of Improvements. For the purposes of this Agreement and all
proceedings and actions taken by the City Council hereunder with respect
to Improvement No. 304, the Developer and the City acknowledge and agree
that the cost of the Improvements shall include those elements specified
in Exhibit "B". Upon completion of the work and payment of all costs of
the Improvements, the City shall compute the actual cost of the
Improvements and the amount thereof allocable to the Property, and shall
furnish the same to the Developer together with the calculations made by
the City to arrive at the amounts. The city Coordinator shall thereafter
provide to the Developer all such further information and documents as are
requested in order to verify the costs and computations.
5.02. Levv of Special Assessments: Procedure. Not less than 45 days
after the City has furnished its computations to the Developer, the City
may levy special assessments with respect to the Improvements on the
Property, in the manner specified in Minnesota statutes, Section 429.061.
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5.03. Special Assessments: Amount and Allocation. The amount of the
special assessments levied on the Property as a whole shall be based upon
the actual cost of the Improvements insofar as available and on reasonable
estimates of the cost insofar as actual costs are not available, as
reasonably determined by the City.
The amount of the cost to be allocated to and specially assessed against
the Property as a whole shall be determined in accordance with the
feasibility report and Exhibit "B", which may be revised from time to time
to reflect any add-on, add-alternates or change orders that are duly made
in the construction contracts for construction of the Improvements.
The Developer agrees that the allocation is fair and reasonable and will
result in the allocation of costs and the levy of special assessments on
the Property as a whole, which are equal to or less than the special
benefit accruing to the Property from the Improvements.
The Developer expressly waives the right to object to the assessment
proposed to be levied against the Property hereunder. This waiver is
freely given in consideration for the benefits that the Developer expects
to receive from the development of the Property.
section 6. Additional Security.
6.01. Payment of Estimated Assessments. Upon the sale or transfer of any
lot or parcel of the Property prior to the actual levy and filing of the
special assessments, the Developer shall pay to the City Treasurer an
amount equal to 110\ of the amount of the special assessments which would
be levied on the lot or parcel based upon the estimated cost of the
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Improvements and the estimated assessments as determined by the city.
Section 7. General Provisions.
7.01. Buildina Permits. The city agrees to allow the Developer to begin
construction of one dwelling house on a specific lot within the
Development even though the public utilities have not been completed. The
Developer agrees that he shall be solely responsible for setting elevation
on this house and hereby releases and holds the city harmless from any
damage associated therewith. He also agrees that the construction will be
done in a manner that will not interfere with the construction of the
public utilities. The Developer warrants that no occupancy will be made
of this house until a Certificate of occupancy is issued by the City.
7.02. Enforcement by City: Damaqes. The Developer acknowledges the right
of the City to enforce the terms of this Agreement against the Developer,
by action for specific performance or damages, or both, or by any other
legally authorized means. The Developer also acknowledges that his
failure to perform any or all of his obligations under this Agreement may
result in substantial damages to the City; that in the event of default by
the Developer, the City may commence legal action to recover all damages,
losses and expenses sustained by the City; and that the expenses may
include but are not limited to the reasonable fees of legal counsel
employed with respect to the enforcement of this Agreement.
7.03. Termination. This Agreement shall terminate when all of the bonds
issued to finance the cost of the Improvements pursuant to this Agreement,
and the interest thereon, have been paid in full or the City'S obligation
with respect thereto has been discharged in accordance with law and the
resolutions authorizing their issuance; provided that all of the
Developer's financial obligations accruing under or pursuant to this
Agreement prior thereto, including its obligation to pay the special
assessments levied on the property when due, shall survive the termination
and continue to be enforceable by the city.
Section 8. Administrative Provisions.
8.01. Notices. All notices, certificates or other communications
required to be given to the City and the Developer hereunder shall be
sufficiently given and shall be deemed given when delivered, or when
deposited in the United states mail in registered form with postage fully
prepaid and addressed, as follows:
If to the City:
City of Stillwater
City Hall
216 North Fourth Street
Stillwater, MN 55082
If to the Developer:
Richard L. Huelsmann
12610 North 62nd street
Stillwater Township
Stillwater, MN 55082
The City and the Developer, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates or other
communications will be sent.
8.02. Severability. In the event any prov~s~ons of this Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other
provisions hereof.
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IN WITNESS WHEREOF, the City has caused this Agreement to be executed in
its corporate name by its duly authorized officers and sealed with its corporate
seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the
day and year first above written.
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CITY OF STILLWATER
(SEAL)
By
Charles M. Hooley, Mayor
and
Morli Weldon, City Clerk
DEVELOPER
Richard L. Huelsmann
STATE OF MINNESOTA )
) SSM
COUNTY OF WASHINGTON)
On this day of , 1994, before me, a Notary Public
within and for said County, appeared Charles M. Hooley and Morli Weldon, to me
personally known, who, being by me duly sworn, did say that they are respectively
the Mayor and City Clerk of the City of Stillwater, and that this instrument was
signed and sealed in behalf of the City by authority of its City Council, and
they acknowledge that said instrument was.. the free act and deed of the City.
Notary Public
STATE OF MINNESOTA )
) SSM
COUNTY OF WASHINGTON)
On this day of , 1994, before me, a Notary Public
within and for said County, appeared Richard L. Huelsmann, to me personally
known, who, being by me duly sworn, did say that he is the Developer named in the
foregoing instrument and that this instrument was signed as his free act and
deed.
Notary Public
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STILLWATER, MINNESOTA
MYRTLEWOOD SANITARY SEWER & WATER
...
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SCALC , WCH . '00 reel
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08/10/94 14:58 FAX
SEH ST. PAUL
I4J 002/005
ENGINEERS ESTIMATE
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EST. UNIT
# DESCRIPTION UNIT QU~. PRICE TOTAL
. -
SCHEDULE B - MYRnEWOOD 1.1.304
STR~ET
1 MOBILIZA TJON LS 0.8 8,325.47 6,660.38
2 CLEAR TREES EA. 4 150.00 600.00
3 GRUB TREES EA. 4 150.00 600.00
)
4 AGG. BASE, CLASS 5 (100% CRUSHED) TON 890 7.50 6,675.00
5 TYPE 41 WEARING COURSE TON 255 25.00 6,375.00
6 TYPE 31 BINDER COURSE TON 255 24.00 6,120.00
7 BIT. MATERIAL FOR TACK GAL 10S} 1.50 158.55
8 0418 CONe. CURB & GUTTER L.F. 1053 5.50 5,791.50
9 SITE GRADING C.Y. 11105 3.00 33,315.00
e 10 TEST ROLLING 150.00 735.00
11 ROADSIDE SEEDING 1,200.00 4,572.00
12 SODDING S.Y. . 850 2.25 1,912.50
\
13 SILT FENCE L.F. 640 2.00 1,280.00
14 BALE CHECKS EA 15 5.00 75.00
15 BITUMINOUS LINED FLUMES S.Y. 5.55 30.00 166.50
STREET CONSTRUCTION
$75,036.43
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Exhibit "B"
STILL9412,9415
PAGE NO. - 1
SANITARY SewER CONSTRUCTION
$24,477.00
WATERMAIN
54 S-XS- PRESSURE TAP W/S- G.V. & BOX EA. 1 1.400.00 1,400.00
SS 6- GATE VALVE & BOX EA. 2 400.00 800.00
56 EXCAVATE FOR CITY INSTALLED CORP. EA. 9 50.00 450.00 e
57 CITY INSTALLED CORP. EA. 9 75.00 675.00
08/10/94 14:59 Foil SEH ST. PAUL 1aI 004/005
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ENGINEERS ESTIMATE
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EST. UNIT
4# DESCR:UYfION UNIT QUANT. PRICE TOTAL
. .
58 1" CURB STOP & BOX EA. 9 70.00 630.00
59 HYDRANT EA. 2 1,200.00 2,400.00
60 6" DIP WATERMAIN, CLASS 52 LF. 977 12.50 12,212.50
61 1" COPPER L.F. 353 6.00 2,118.00
62 DIP FITTINGS LBS 281 2.00 562.00
WATERMAIN CONSTRUCTION
$21,247.50
STORM $.EWER
63 12" RCP STORM SEWER CL V L.F. 260 18.00 4,680.00
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64 12" RCP APRON WITRASH GUARD EA. 2 500.00 1,000.00
65 RIP RAP TYPE II C.Y. 2.1 45.00 94.50
66 GEOTEXTILE FABRIC TYPE III S.Y. 5 2.00 10.00
66 MANHOLE, lYPE B-1 LF. 6.5 130.00 845.00
67 M.H. CASTING, R-1733 EA. 1 200.00 200.00
STORM SEWER CONSTRUCTION
$6,829.50
TOTAL SCHEDULE B
$127,590.43
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STlLL9412.9415
PAGE NO. - 3
08/10/94 14:59 FAX
4#
DESCRIPTION
AS~~$SMENTBREAKDOWN
ESTIMATED CONSTRUCTION COST
35% ENGINEERING, LEGAL AND ADMIN.
ESTIMATED PROJECT COST
NO. LOTS ASSESSED
(NOT INCLUDING LOT 4 WITH HOUSE)
RATE PER LOT
Lot 1 - $21,530.88
Lot 2 - $21,530.88
Lot 3 - $21,530.88
Lot 4 - $0.00
Lot 5 - $21,530.88
Lot 6 - $21,530.88
Lot 7 - $21,530.88
Lot 8 - $21,530.88
Lot 9 - $21,530.88
STILL94 12,9415
SEH ST. PAUL
ENGINEERS ESTIMATE
EST.
UNIT QUANT.
UNIT
PRICE
1aI 005/0bS
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$127,590.43
44,656.65
$172,247.08
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$21.530.88
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RESOLUTION NO. 94-
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APPROVAL OF DEVELOPMENT AGREEMENT RELATING TO
MYRTLEWOOD, L.I. 304
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Development
Agreement relating to Myrtlewood, by and between the City of Stillwater, Minnesota and
Richard L. Huelsmann, is hereby approved, and the appropriate city staff is authorized to sign
said Agreement.
Adopted by Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
ATTEST:
Modi Weldon, City Clerk
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MEMORANDUM
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TO:
Mayor and City Council
Klayton Eckles, City Engineer
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FROM:
RE:
Feasibility Study for LI 305, Pinehill Estates
DATE:
August 11, 1994
Attached is a feasibility study prepared by SEH regarding improvements to the
Pinehill Estates project. This project has been petitioned by the owners of the
Pinehill Estates property (Mr. and Mrs. Nyberg). Please review the report.
One issue that has come up regarding the project is the spreading of the costs
of trunk sewer and water. There are other properties in addition to the Pinehill
Estates area that benefit from this project, therefore, the Council may wish to
spread these costs in the form of assessments to the benefitting properties.
R ECOMMENDA TION
I recommend Council review the attached feasibility study, accept the report,
and order a public hearing to consider the improvements to Pinehill Estates, the
surrounding areas, and the associated assessments.
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RESOLUTION NO. 94-
.....
ORDERING IMPROVEMENT AND PREPARATION OF PLANS
FOR PINE HILL ESTATES, L.I. 305
WHEREAS, a certain petition requesting the improvement of property described as
Pine Hill Estates, located between the north line of the city limits on Boutwell Street and the
north line of Myrtle Street by the construction of sanitary sewer, storm sewer, watermain, and
streets, was duly presented to the Council on the 17th day of May, 1994; and
WHEREAS, pursuant to resolution of the Council adopted May 17, 1994, a report has
been prepared by Short Elliott Hendrickson Inc., with reference to the improvement, and this
report was received by the Council on August 16, 1994;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
STILL WATER, MINNESOTA:
1. The Council finds and determines that said petition was signed by all owners of
real property abutting upon the street( s) names as the location of the improvement.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted August 16, 1994.
3. Short Elliott Hendrickson is hereby designated as the engineer for this
improvement. He shall prepare plans and specifications for the making of such improvement.
Adopted by the Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
Attest:
Modi Weldon, City Clerk
RESOLUTION NO. 94-
APPROVAL OF DEVELOPMENT AGREEMENT RELATING TO
PINE HILL ESTATES, L.I. 305
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Development
Agreement relating to Pine Hill Estates, by and between the City of Stillwater, Minnesota. and
Clark R. Nyberg and Victoria L. Nyberg, is hereby approved, and the appropriate city staff is
authorized to sign said Agreement.
Adopted by Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
ATTEST:
Modi Weldon, City Clerk
.....
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3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800 325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON
August 12, 1994
RE:
Stillwater, Minnesota
Pine Hill Estates
Utilities and Streets
L.I. 305
SEH No. A-STlLL9502.00
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor and Council Members:
The City has received a petition for the construction of City improvements to serve Pine Hills
Estates, located at the intersection of Boutwell Road and C.S.A.H. 12 (Myrtle Street). The
petition for the 6 lot development was presented by the owner of the property. The project will
affect adjacent properties, so a Public Hearing will be required unless the developer assumes all
project costs. Drawing No. 1 shows the Project Location.
Improvements petitioned for include the extension of existing sanitary sewers and water mains,
and the construction of storm sewers and streets. Services to serve the adjacent lots will also be
required.
PROPOSED IMPROVEMENTS
A. Sanitary Sewer
Sanitary sewer service to the project site will be provided by connecting to an existing
manhole at the intersection of Eagle Ridge Trail and C.S.A.H. 12 (Myrtle Street). An 8"
trunk sewer will be constructed westerly along the north Myrtle Street ditch to Boutwell
Road, then northerly along the easterly Boutwell ditch. An 8" lateral will be extended
west on Boutwell Court to serve the plat.
Four inch services will be constructed to each lot. Drawing No.2 shows the proposed
sanitary sewer improvements.
The trunk sanitary sewer along Myrtle Street and Boutwell Road will be constructed to
a depth that will allow for future sewer service to additional parcels located westerly and
northerly of the plat, within Stillwater Township. This future sewer service area is in
accordance with the City's Comprehensive Sanitary Sewer Plan.
SHORT ELLIOTT
HENDRICKSON INC.
MINNEAPOLIS, MN
CHIPPEWA FALLS, WI
MADISON, WI
ST. CLOUD, MN
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Honorable Mayor and City Council
August 12, 1994
Page 2
B. Water Mains
Water main service to the project site will consist of a connection to the existing 12" trunk
at Eagle Ridge Trail and Myrtle Street and also the extension a 12" trunk water main
along the north ditch line to Boutwell Road. An 8" lateral will be extended northerly
from the 12" trunk along Boutwell Road to Boutwell Court. A 6" main will be
constructed westerly on Boutwell Court to provide service to the plat. Hydrants will be
placed throughout the project to provide for fire protection and maintenance.
One inch water services will be extended to each lot. Drawing No.2 shows the proposed
water main improvements.
The 12" trunk water main on Myrtle Street will allow for the future looping of the water
system with the 12" main located at Northland Avenue and Myrtle Street. This 12" trunk
water main is consistent with the City's Comprehensive Plan.
c.
Streets
Street construction will be made to City standards. The street is proposed to be 32 feet
wide with D418 mountable concrete curb and gutters. The cul-de-sac will be constructed
to a 46 foot radius to facilitate turning of emergency vehicles. Drawing No.3 shows the
street improvements.
D.
Storm Sewer
The proposed street grades will direct runoff northeasterly toward Boutwell Road. Catch
basins will be constructed at the intersection of Boutwell Road and Boutwell Court to
intercept the runoff. These catch basins will drain into a small detention pond
constructed in the northeast comer of Lot 6. This detention pond, sized to control storm
water runoff to pre-development conditions and rates will outlet through a control
structure, located at the southeast comer of the pond, into the west ditch along Boutwell
Road. This ditch drains southerly to Myrtle Street, then easterly toward Eagle Ridge
Trail. Drawing No.3 shows the proposed storm sewer improvements.
ESTIMATED COSTS
The total estimated project cost for the Pine Hill Estates improvements is $136,133. These costs
are broken down as follows:
1)
2)
3)
4)
Streets
Sanitary Sewer
Water Main
Storm Sewer
Total
$ 35,789
53,123
41,222
5,999
$136,133
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Honorable Mayor and City Council
August 12, 1994
Page 3
These total project costs include 35% for contingencies, engineering, fiscal, administration and
legal costs. Enclosed is a copy of the preliminary engineers estimate.
COST RECOVERY
Project costs for City improvements are recovered through special assessments against benefitted
properties. The trunk sanitary sewer and water main along Boutwell Road and Myrtle Street
will benefit the Pine Hill Estates plat, as well as other properties within the City, adjacent to
Boutwell Road. The trunk sewer and water main costs will, therefore, be assessed on an area
basis to all properties within the City limits along Boutwell Road. Drawing No. 4 shows the
assessable areas. The Pine Hill Estates trunk assessments will be converted from an area
assessment to a per lot assessment.
The project costs to construct the sanitary sewer and water main lateral improvements and
services within the plat, construct the storm sewer improvements and construct the streets will
be assessed against the Pine Hill Estates plat on a per lot basis. An assessment breakdown is
enclosed with this report.
The estimated rate for trunk sanitary sewer and water main improvements to properties outside
of the plat is $6,906.28 per acre. The estimated per lot assessment for the Pine Hill Estates lots
is $16,358.02. This rate includes the Pine Hill Estates portion of the trunk assessments. If the
developer assumes all of the project costs, the estimated per lot assessment is $22,688.78.
PROJECT SCHEDULE
Since the project does affect properties outside of the Pine Hill Estates plat, a Public Hearing will
be required unless the developer assumes all project costs. The following is the estimated project
schedule which includes the Public Hearing:
Council accepts report and orders Public Hearing
August 16, 1994
Public Hearing. Council orders preparation of plans
and specifications
September 6, 1994
Approve plans and specifications and authorize
advertisement for bids
October 4, 1994
Advertise in local paper and Construction Bulletin
October 7, 14 and
October 21, 1994
Receive bids
October 31, 1994
Council awards contract
November 1, 1994
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Honorable Mayor and City Council
August 12, 1994
Page 4
Begin construction
May 1, 1995
July 15, 1995
Complete construction
Assessment hearing
October, 1995
The following schedule could be met if the Public Hearing is not required due to the developer
assuming all project costs:
Council accepts report and orders preparation of plans and
specifications
August 16, 1994
Approve plans and specifications and authorize
advertisement for bids
September 6, 1994
Advertise in local paper and Construction Bulletin
September 9, 16 and
September 23, 1994
Receive bids
October 3, 1994
Council awards contract
October 4, 1994
Begin utility construction
October 15, 1994
Complete utility construction
November 15, 1994
Complete street construction
June 1, 1995
Assessment Hearing
October, 1995
CONCLUSION AND RECOMMENDATIONS
The project is feasible from the engineering standpoint and should be constructed as described
above. The economical feasibility should be reviewed by the City and developer.
Sincerely,
Short Elliott Hendrickson Inc.
1]~( li-
Barry C. Peters, P.E.
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I hereby certiry. that this Report was prepared by me our under my
direct supervision and that I an a duly Registered Professional
Engineer under the laws of the State of Minnesota.
'~o C ,r-tJ-
Date:
tfJ fr <- / q L(
r111
Reg. No. 14148
Reviewed by:
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STILL9502
STILLWA TER, MINNESOTA DWG.NO.
ENGINEERS_AR01ITE:CTSIIPLANNERS 4
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STILLWATER, MINNESOTA 08112/94
PINE HILL ESTATES
L.I. 305
ENGINEERS ESTIMATE
SEH FILE NO. STILL9502
TOTALS TRUNK COSTS PLAT COSTS
EST. EST. UNIT EST. EST.
# ITEM UNIT QUANT. UNIT QUANT. PRICE TOTAL QUANT. TOTAL QUANT. TOTAL
1 MOBILIZATION LS 1 LS 1 5,000.00 5,000.00 0.00 1 5,000.00
2 TOPSOIL BORROW (LV) C.Y. 100 C.Y. 100 7.00 700.00 0.00 100 700.00
3 SUBGRADE PREPARATION RD.STA. 2.6 RD.STA. 2.6 175.00 455.00 0.00 2.6 455.00
4 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 740 TON 740 8.00 5,920.00 0.00 740 5,920.00
5 TYPE 41 WEARING COURSE TON 190 TON 190 25.00 4,750.00 0.00 190 4,750.00
6 TYPE 31 BINDER COURSE TON 190 TON 190 24.00 4,560.00 0.00 190 4,560.00
7 BIT. MATERIAL FOR TACK GAL 70 GAL 70 2.00 140.00 0.00 70 140.00
8 0418 CONC. CURB & GUTTER L.F. 560 L.F. 560 6.00 3,360.00 0.00 560 3,360.00
9 SEEDING AC. 0.75 AC. 0.75 1,500.00 1,125.00 0.00 0.75 1,125.00
10 BALE CHECKS EACH 20 EACH 20 25.00 500.00 0.00 20 500.00
EST. STREET CONSTRUCTION $26,510.00 $0.00 $26,510.00
35% ENG. LEGAL AND ADMIN. 9,278.50 0.00 9,278.50
TOTAL STREET PROJECT COST $35,788.50 $0.00 $35,788.50
SANITARY SEWER. HIGHLANDS OF STILLWATER 4th ADD. ).
11 CONNECT TO EXISTING SAN. SEWER MANHOLE EA. 1 EA. 1 1,000.00 1 ,000.00 1 1,000.00 0.00
12 8" DIP INSIDE DROP L.F. 12 L.F. 12 120.00 1 ,440.00 12 1,440.00 0.00
13 STANDARD MANHOLE EA. 6 EA. 6 1,000.00 6,000.00 3 3,000.00 3 3,000.00
14 8"x4" PVC WYE EA. 6 EA. 6 50.00 300.00 0.00 6 300.00
15 8" PVC SAN. SEW. 10.12 L.F. 1045 L.F. 1045 24.00 25,080.00 800 19,200.00 245 5,880.00
16 EXTRA DEPTH MANHOLE L.F. 8 L.F. 8 100.00 800.00 8 800.00 0.00
17 4' PVC SERVICE L.F. 310 L.F. 310 8.00 2,480.00 0.00 310 2,480.00
18 COURSE FILTER AGGREGATE TON 225 TON 225 10.00 2,250.00 170 1,700.00 55 550.00
SANITARY SEWER CONSTRUCTION $39,350.00 $27,140.00 $12,210.00
35% ENG. LEGAL AND ADMIN. 13,n2.50 9,499.00 4,273.50
TOTAL SANITARY SEWER PROJECT COST $53,122.50 $36,639.00 $16,483.50
PAGE NO.1
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STILLWATER, MINNESOTA 08112/94
PINE HILL ESTATES
L.I. 305
ENGINEERS ESTIMATE
SEH FILE NO. STILL9502
TOTALS TRUNK COSTS PLAT COSTS
EST. EST. UNIT EST. EST.
# ITEM UNIT QUANT. UNIT QUANT. PRICE TOTAL QUANT. TOTAL QUANT. TOTAL
WATER MAIN. HIGHLANDS OF STILLWATER 4th ADD.
19 12"X12" WETTAPIWITH GATE VALVE EA. 1 EA. 1 3,000.00 3,000.00 3,000.00 0.00
20 6" DIP WATER MAIN L.F. 325 L.F. 325 13.00 4,225.00 0.00 325 4,225.00
21 8" DIP WATER MAIN L.F. 575 L.F. 575 14.00 8,050.00 575 8,050.00 0.00
22 12" DIP WATER MAIN L.F. 265 L.F. 265 25.00 6,625.00 265 6,625.00 0.00
23 6" GATE VALVE & BOX EA. 3 EA. 3 350.00 1,050.00 0.00 3 1,050.00
24 8' GATE VALVE & BOX EA. 2 EA. 2 450.00 900.00 2 900.00 0.00
25 12' GATE VALVE & BOX EA. 1 EA. 1 800.00 800.00 1 800.00 0.00
26 1" CITY INSTALLED CORPORATION STOPS EA. 6 EA. 6 75.00 450.00 0.00 6 450.00
27 EXCAVATION FOR CITY INSTALLED CORPORATIO EA. 6 EA. 6 30.00 180.00 0.00 6 180.00
28 1" CURB STOP & BOX EA. 6 EA. 6 80.00 480.00 0.00 6 480.00
29 HYDRANT EA. 2 EA. 2 1,100.00 2,200.00 0.00 2 2,200.00
30 1" COPPER L.F. 225 L.F. 225 7.00 1,575.00 0.00 225 1,575.00
31 DIP FITTINGS LBS 500 LBS 500 2.00 1,000.00 275 550.00 225 450.00
WATERMAIN CONSTRUCTION $30,535.00 $19,925.00 $10,610.00
35% ENG. LEGAL AND ADMIN. 10,687.25 6,973.75 3,713.50
TOTAL WATER MAIN PROJECT COST $41,222.25 $26,898.75 $14,323.50
STORM SewER. HIGHLANDS OF STILLWATER 4th ADD.
37 15" CMP STORM SEWER L.F. 20 L.F. 20 18.00 360.00 0.00 20 360.00
38 15" RCP STORM SewER L.F. 32 L.F. 32 22.00 704.00 0.00 32 704.00
39 18" RCP STORM SEWER L.F. 32 L.F. 32 25.00 800.00 0.00 32 800.00
42 15' CMP APRONS EA. 2 EA. 2 250.00 500.00 0.00 2 500.00
43 18" RCP APRONIWITH TRASH GUARD EA. 1 EA. 1 500.00 500.00 0.00 1 500.00
44 CONSTRUCT CATCH BASIN TYPE X L.F. 7.2 L.F. 7.2 150.00 1,080.00 0.00 7.2 1,080.00
48 CASTING ASSEMBLIES R.3067 EA. 2 EA. 2 250.00 500.00 0.00 2 500.00
STORM SewER CONSTRUCTION $4,444.00 $0.00 $4,444.00
35% ENG. LEGAL AND ADMIN. 1,555.40 0.00 1,555.40
TOTAL STORM SewER PROJECT COST $5,999.40 $0.00 $5,999.40
TOTAL PINE HILLS ESTATES $136,132.65 $63,537.75 $72,594.90
PAGE NO.2
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STILLWATER, MINNESOTA
PINE HILL ESTATES
L.I. 305
ASSESSMENT BREAKDOWN
SEH FILE NO. STILL9502
08/12/94
TOTALS
RUNK COSTS
PLAT COSTS
e
ESTIMATED PROJECT COSTS
ASSESSMENT BASIS
ASSESSMENT RATE
$136,132.65
PARCELNO.
9029-3185
9029-2400
37,984.52
98,148.13
TOTAL PER LOT ASSESSMENT
TRUNK ASSESSMENT
PLAT ASSESSMENT
ASSESSABLE UNITS
RATE PER LOT
5.5
3.7
$63,537.75
9.2AC.
$6,906.28/AC.
37,984.52
25,553.23
$72,594.90
6 LOT:
$12,099.15 /LOT
6
72,594.90
25,553.23
72,594.90
-------------
------______00
$98,148.13
6 LOT~
$16,358.02
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
-~-,
THE GRAND GARAGE'" GALLERY 314 SOUI'B MAIN STREEl' SUITE n60 P.O. BOX 438 STnLWA'l'Fll, MN S5082
TELEPHONE: (612) 439-9464 TELECOPlER: (612) 439.5641
LEGAL ASSISTANTS
DAVID T. MAGNUSON
MELODIE AllVOLD
SHELLEY SUNDBEltG
July 13, 1994
Clark Nyberg
Realty World Pauley & Johnson, Inc.
1940 South Greeley Street
Stillwater, MN 55082
Dear Clark:
Enclosed is the Petition for Public Improvements for your proposed development
that should be signed by you and Vicky and any other owner of the property and
submit it to the City Clerk, along with a copy to Klayton Eckels, City Engineer,
and Steve Russell, Community Development Director.
I also enclose a copy of the Development Agreement that will be needed before any
contracts are awarded or construction begins. Please call me if there are any
questions.
Yours very truly, .
DTMjsls
Enclosures
cc: steve Russell, Community Development Director
Klayton Eckels, City Engineer
Nile Kriesel, City Coordinator
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DEVELOPMENT AGREEMENT
RELATING TO
PINE HILL ESTATES
BY AND BETWEEN THE
AND
CITY OF STILLWATER, MINNESOTA
CLARK R. NYBERG AND VICTORIA L. NYBERG
This agreement was drafted by:
David T. Magnus.on
Magnuson Law Firm
The Grand Garage & Gallery
324 South Main Street, #260
Stillwater, KN 55082
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
1994, by and between the CITY OF STILLWATER, a municipal corporation and
political subdivision of the State of Minnesota, (hereinafter called the "City"),
and CLARK R. NYBERG and VICTORIA L. NYBERG, (hereinafter called the
"Developers");
WITNESSETH THAT, in the joint and mutual exercise of their powers and in
consideration of the mutual covenants contained herein, the parties hereto recite
and agree as follows:
Section 1. Recitals.
1.01. The Propertv. The Developers now own the Property described in the
attached Exhibit "A", (the "Property"), which comprises proposed Lots 1
through 6, Block One, Pine Hill Estates, located in the City of
Stillwater, Minnesota.
1.02. Subdivision. The Developers have made application to the City
under the City zoning ordinance and its subdivision ordinance for approval
to subdivide and develop the property as single-family residential uses.
The Planning Commission and the City Council have reviewed the application
in accordance with Minnesota law, the City Charter, and ordinances, and
have given preliminary approval to the development.
1.03. The Facilities and Proiect. The Developers, in accordance with
City approval, plan to construct or cause to be constructed on the
Property Single Family Homes.
1.04. Public Improvements: Hearinq. The Developers have filed with the
City a petition requesting that the City construct all street, storm
sewer, sanitary sewer and water system improvements necessary to serve the
Project. The City Council by its resolution accepted the petition,
designated the proposed improvements as Local Improvement No. and
authorized the City's Consulting Engineer, Short, Elliot, Hendrickson,
Inc., (the "Consulting Engineer"), to prepare a feasibility report
concerning Improvement No. . The Consulting Engineer prepared a
feasibility report of Improvement No. , dated , 1994,
and presented it to the City Council at its regular meeting on
, 1994, and, the City Council directed that a public
hearing normally held pursuant to Minnesota Statutes 5429.031, be waived
pursuant to the Developers' request. The improvement was thereafter
ordered, subject to this Agreement being executed and subject to the terms
and conditions contained in this Agreement.
1.05. Public Improvements: Plans: Specifications: Bids. Upon request by
the Developers, the City council authorized the Consulting Engineer to
prepare plans and specifications for Improvement No. _____.
The sanitary sewer, water system, storm sewer and street improvements
described in the plans and specifications and any modifications or
additions duly made by change order, add-on, or add-alternate, are
hereinafter referred to as the "Improvements".
1.06. Order of Improvements: Award of Contracts. The Developers have
requested the City Council to order the construction of Improvement No.
, to enter into contract for the construction of the Improvements,
and to pay and finance the cost thereof as hereinafter provided. The City
is willing to take this action, but only on the terms and conditions, and
in consideration of the Developers' representation set forth in this
1
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Agreement.
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section 2. Developers' Representations. The Developers hereby represent,
warrant and covenant to the city that as of the date of this Agreement, the
statements set forth in this section are true and correct.
..~...
2.01. No Disabilitv. The Developers are individuals, who are now
married, and are of legal age and know of no legal disability that would
prevent them from carrying out this Agreement.
2.02. Ownership. The Developers are well seized in fee simple of the
Property and have marketable title to the real estate described in the
plat.
2.03. Execution No Violation. The execution, dellve.ry and performance of
this Agreement does not and will not result in any breach of, or
constitute a default under, any indenture, mortgage, contract, agreement
or instrument to which the Developers are a party or by which it or its
property is bound.
2.04. LitiQ"ation. There are no pending or, to the knowledge of the
Developers, threatened actions or proceedings before any court or
administrative agency which will materially adversely affect the financial
condition, business or operation of the Developers or the ability of the
Developers to perform their obligations under this Agreement.
2.05. Compliance. The Developers will comply with and duly and promptly
perform all of their obligations under this Agreement and all related
documents and instruments.
section 3. Developers' UndertakinQ"s.
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3.01. Easements. The Developers shall furnish to the City upon request
and without charge, all permanent and construction easements; as
designated in the plans and specifications (or such alternate sites as may
hereafter be agreed upon by the Developers and the City) and deeds to
property deemed necessary by the City for the location, construction,
installation and operation of the Improvements to be con~tructed on the
property by the City, in form and content satisfactory to the city.
3.02. Assessments and CharQ"es. The Developers will pay to. the City when
due, all consultant fees incurred by the city in behalf of or at the
request of the Developers, all special assessments, interest and other
amounts due with respect to the Project as hereinafter provided and will
pay to the city when due, all permit fees, connection charges, user
charges or other charges lawfully imposed by the city, with respect to all
portions of the Property, when the fees or charges are incurred or become
due.
3.03. Transfer of Pro;ect. Unless and until all.bonds issued by the city
to finance the Improvements are paid in full or discharged in accordance
with the resolutions authorizing their issuance, the Developers shall not
voluntarily sell, assign or transfer substantially all of their interest
in the Project or any part thereof without the written consent of the
City, which shall not be unreasonably withheld. Nothing herein shall
prevent or apply to the sale, in the ordinary course of business, of lots
to individual owners or contractors for the construction of residences,
but the sale shall in no way affect or diminish the obligations of the
Developers under this Agreement.
Section 4. city's UndertakinQ"s.
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4.01. Im~rovement No. The city shall order the construction of
Local Improvement No. in accordance with law, and shall forthwith
award and enter into a~ract for the construction of the Improvements
and shall cause the Improvements to be constructed in accordance with the
plans and specifications. The City shall have the right to order such
modifications in the work and the construction contract therefor as are
recommended by the Consulting Engineer and/or are deemed necessary or
desirable by the City. Copies of all proposed modifications in the
construction contract or the work shall be furnished to the Developers
prior to their consideration and approval by the City Council.
4.02. Financinq. The City shall sell and issue its General Obligation
Improvement Bonds, pursuant to Minnesota statutes, Chapter 429, in an
amount sufficient with all moneys available and appropriated for the
purpose, to finance its obligations hereunder.
Section 5. Cost Recoverv.
5.01. Cost of Im~rovements. For the purposes of this Agreement and all
proceedings and actions taken by the City Council hereunder with respect
to Improvement No. , the Developers and the City acknowledge and
agree that the cost-or-the Improvements shall include those elements
specified in Exhibit "B". Upon completion of the work and payment of all
costs of the Improvements, the City shall compute the actual cost of the
Improvements and the amount thereof allocable to the Property, and shall
furnish the same to the Developers together with the calculations made by
the City to arrive at the amounts. The City Coordinator shall thereafter
provide to the Developers all such further information and documents as
are requested by it in order to verify the costs and computations.
5.02. Levv of S~ecial Assessments: Procedure. Not less than 45 days
after the City has furnished its computations to the Developers, the City
may levy special assessments with respect to the Improvements on the
Property, in the manner specified in Minnesota statutes, Section 429.061.
5 .03 . Special As ses sments : Amount and Allocation. The amount of the
special assessments levied on the Property as a whole shall be based upon
the actual cost of the Improvements insofar as available and on reasonable
estimates of the cost insofar as actual costs are not available, as
reasonably determined by the city.
The amount of the cost to be allocated to and specially assessed against
the Property as a whole shall be determined in accordance with the
feasibility report and Exhibit "B", which may be revised from time to time
to reflect any add-on, add-alternates or change orders that are duly made
in the construction contracts for construction of the Improvements.
The Developers agree that the allocation is fair and reasonable and will
result in the allocation of costs and the levy of special assessments on
the Property as a whole, which are equal to or _~es.s than the special
benefit accruing to the Property from the Improvements.
The Developers expressly waive the right to object to the assessment
proposed to be levied against the Property hereunder. This waiver is
freely given in consideration for the benefits that the Developers expect
to receive from the development of the Property.
Section 6. Additional Securitv.
6.01. pavment of Estimated Assessments. Upon the sale or transfer of any
lot or parcel of the Property prior to the actual levy and filing of the
special assessments to be levied thereon as herein provided, the
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Developers shall pay to the city Treasurer an amount equal to 110% of the
amount of the special assessments which would be levied on the lot or
parcel based upon the estimated cost of the Improvements and the estimated
assessments as determined by the City.
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section 7. General Provisions.
7.01. Building- Permits. The City agrees to allow the Developers to begin
construction of one dwelling house on a specific lot within the
Development even though the public utilities have not been completed. The
Developers agree that they shall be solely responsible for setting
elevation on this house and hereby release and hold the City harmless from
any damage associated therewith. They also agrees that the construction
will be done in a manner that will not interfere with the construction of
the public utilities. The Developers warrant ~.~.occupancy will be
made of this house until a certificate of Occupancy is issued by the city.
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7.02. Enforcement bv city: Damac:res. The Developers acknowledge the right
of the City to enforce the terms of this Agreement against the Developers,
by action for specific performance or damages, or both, or by any other
legally authorized means. The Developers also acknowledge that their
failure to perform any or all of their obligations under this Agreement
may result in substantial damages to the City; that in the event of
default by the Developers, the City may commence legal action to recover
all damages, losses and expenses sustained by the City; and that the
expenses may include but are not limited to the reasonable fees of legal
counsel employed with respect to the enforcement of this Agreement.
7.03. Termination. This Agreement shall terminate when all of the bonds
issued to finance the cost of the Improvements pursuant to this Agreement,
and the interest thereon, have been paid in full or the City's obligation
with respect thereto has been discharged in accordance with law and the
resolutions authorizing their issuance; provided that all of the
Developers' financial obligations accruing under or pursuant to this
Agreement prior thereto, including its obligation to pay the special
assessments levied on the Property as herein provided when due, shall
survive the termination and continue to be enforceable by the City.
section 8. Administrative Provisions.
8.01. Notices. All notices, certificates or other communications
required to be given to the City and the Developer hereunder shall be
sufficiently given and shall be deemed given when delivered, or when
deposited in the United States mail in registered form with postage fully
prepaid and addressed, as follows:
If to the city:
City of stillwater
City Hall
216 North Fourth street
stillwater, MN 55082
If to the Developers:
Realty World Pauley & Johnson, Inc.
1940 South Greeley street
Stillwater, MN 55082
The City and the Developers, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates or other
communications will be sent.
8.02. Severability. In the event any provisions of this Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other
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provisions hereof.
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IH WITNESS WHEREOF, the City has caused this Agreement to be executed in ~ ~
its corporate name by its duly authorized officers and sealed with its corporate ..,
seal; and the Developers have executed this Agreement at stillwater, Minnesota,
the day and year first above written.
CITY OF STILLWATER
(SEAL)
By
Charles M. Hooley, Mayor
and
Morli Weldon, City Clerk
DEVELOPER
Clark R. Nyberg
Victoria L. Nyberg
STATE OF MINNESOTA )
) SSe
COUNTY OF WASHINGTON)
On this day of , 1994, before me, a Notary Public
within and for said County, appeared Charles M. Hooley and Morli Weldon, to me
personally known, who, being by me duly sworn, did say that they are respectively
the Mayor and City Clerk of the City of Stillwater, and that this instrument was
signed and sealed in behalf of the City by authority of its City Council, and
they acknowledge that said instrument was the free act and deed of the City.
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Notary Public
STATE OF MINNESOTA )
) SSe
COUNTY OF WASHINGTON)
On this day of , 1994, before me, a Notary Public
within and for said County, appeared Clark R. Nyberg and Victoria L. Nyberg, to
me personally known, who, being by me duly sworn, did say that they are the
Developers named in the foregoing instrument and that this instrument was signed
as their free act and deed.
Notary Public
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MEMORANDUM
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TO:
Mayor and City Council
FR:
Steve Russell, Community Development Director
DA:
August 11, 1994
RE:
REQUEST FOR TIF ASSISTANCE FROM SIMONET FURNITURE
The city has received a preapplication request from Simonet Furniture for TIF assistance to
purchase land in the industrial park for a new retail facility. They are also interested in finding
out what city assistance is available in the downtown to renovate and facilitate their existing
store.
It is recommended for the city council to set a workshop to discuss the request as it relates to city
TlF policy.
Recommendation:
Set workshop date to review request for TIF assistance.
ADDENDUM
I. Map showing site (attached)
2. General description of project:
The project is the purchase ofland and construction of25,000 square foot retail furniture
store at the location shown on the map at the comer of Washington A venue and Curve
Crest Blvd.
3. The site is designated Business Park Office in the West Stillwater Business Park Plan. A
Retail use requires a special use permit.
4. The TlF assistance as requested to pay for land and site related improvement costs as
follows and related 184,653, land development $187,500, total $372,153.
5. The project would result in the relocation of the Simonet Furniture and Carpet Store from
the downtown to the Stillwater West Business Park. It is felt that this is a better site for
the long-term future of the business. It is estimated that the improvement value of the
property will be $1,250,000.
6.
The developer/owner is Simonet Furniture, a long-term business in the community.
7. The owner would like to know what city assistance is available to renovate and upgrade
the downtown store besides the TlF assistance above for a new store location.
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CITY OF STILLWATER
PRE -APPLI CAT! ON
TAX INCREMENT FINANCING ASSISTANCE
~~
Legal name of applicant: ~/md~ Nrl'l;Iq,-<.; ~U/'d~r tf?, TN'~
/
,
Address: 1dl .z. jI/I4/A n--
Telephone number: "11'1- t.../ltJ
Name of contact person: ~~ ~~~~~
REQUESTED INFORMATION
Addendums shall be attached hereto addressing in detail the following:
1. A map showing the exact boundaries of proposed development.
2. Give a general description of the project including: size and
location of building(s); business type or use; traffic
information including parking, projected vehicle counts and traffic
flow; timing of the project; other pertinent information.
3. The existing Comprehensive Plan Land Use designation and zoning of
the property. Include a statement as to how the proposed development
will conform to the land use designation and how the property will be
zoned. Explain any discrepancies between the proposed development and
the existing land use designation and zoning.
4. A statement identifying the public improvements requested to be
financed and why the costs of the improvement cannot be paid by the
developer.
5. A statenent identifying the public benefits of the proposal including
estimated increase in property valuation, new jobs to be created and
other community assets.
6. A written perspective of the developers company or corporation,
principals, history and past projects.
Applicant understands and agrees that the information contained in this
application, and the information contained in items above, is intended for use
by the City of Stillwater, its officers, employees, and agents in connection
with the City's consideration of possible tax increment bond financing for
applicant1s project; however, the City gives no assurance that this
information may not be disclosed, in whol t, ersons other than
City1s officials, employees
SIGNATURE
Applicant's
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MEMORANDUM
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TO:
Mayor and City Council
Klayton Eckles, City Engineer
Preliminary Approval of County Road 5, Trunk Highway 36
Interchange Reconstruction Project
FROM:
RE:
DATE:
August 11, 1994
Attached is a letter from MnDOT requesting approval of the preliminary plan for
improving the interchange at County Road 5 and Trunk. Highway 36. The plan
involves widening the bridge and improving the on and off ramps. I will have
the layout available for Council review at the meeting.
RECOMMENDA.TION
The plan is generally in conformance with the City's expectations of this
intersection improvement and I see no problems with the engineering or planning
of the intersection and therefore recommend Council give preliminary approval.
If Council concurs with my recommendation, Council should pass a resolution
approving the preliminary layout plan of the County Road 5, Trunk. Highway 36
interchange p~.
{iii,
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Minnesota Department of Transportation
Metropolitan Division
Waters Edge Building
1500 West County Road B2
Roseville, Minnesota 55113
582 - 1299
July 22, 1994
Mayor Charles Hooley
City of Stillwater
City Hall - 216 North Fourth
Stillwater, MN 55082
S.P. 8204-37 TH 5 at TH 36 Interchange
In the City of Stillwater, Wash. Co.
Layout 3 - City Approval
Dear Mayor Hooley:
I would like to inform the city that Federal STP funds were granted for the TH 5 and TH 36
interchange reconstruction project. Currently Mn/DOT is submitting this project for inclusion
in the Transportation Improvement Program (TIP) to the Metropolitan Council and we should
know in August as to when the funds will be available.
In accordance with Minnesota Statute, Mn/DOT is requesting your approval of the enclosed
preliminary plan for the above referenced project. Please use the enclosed "Standard
Resolution" when taking city council action .on this request and return to me a certified copy of
the resolution.
At this point in time, no funding participation is expected from the City of Stillwater. If this
changes, the city will be notified as soon as possible.
If you have any questions or need additional information, please call.
Sincerely,
~L~
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Donajo Heikes
Project Manager
An Equal Opportunity Employer
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MEMORANDUM
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TO:
Mayor and City Council /
Klayton Eckles, City Engineer ~~
FROM:
RE:
Assistance from SEH on Engineering Issues Related to the Levee
Wall Project
DATE:
August 11, 1994
Attached is a letter from Dick Moore of SEH concerning engineering assistance
on the Levee wall project. In order to provide the Corps of Engineers with the
necessary information regarding City right-of-way, City utilities, City parking
and traffic issues and other miscellaneous issues, significant engineering time is
required. Given all of the projects going on this fall and the tight timeline for
providing this information, it is questionable whether I will be able to provide
all of this information. Also, Dick Moore has significant background on many
of these issues, therefore, Dick Moore has provided me with a estimated cost to
assist the City in these areas. His estimate assumes that SEH will be doing the
majority of the work, however, I anticipate that in some of these areas I will be
able to do a portion of the work. Therefore, the $11,085 total is probably high.
In order to pay for time that I spend and any expenditures to SEH for this
engineering, the City is allowed to credit these expenses towards the City's
contribution to the overall Levee project. Recall that the City is responsible for
approximately 12 1/2% of the total project. Therefore, my time and SEH time can
be billed against the project.
RECOMM~DATtON
Given the necessity to provide this information to the Corps and Dick Moore's
familiarity With the history of the area, I recommend we use the services of SEH
to assist us on the Levee wall project for an amount not to exceed $11,085.
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"'SEH
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800 325-2055.....
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON
August 11, 1994
RE:
Stillwater, Minnesota
Levee Wall Project
Mr. Klayton Eckles, P.E.
Ci ty Engineer
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mr. Eckles:
This letter is in response to our meeting with the Corps of Engineers on July 21, 1994 to discuss
the items required for the Corps' project that are to be provided by the City. As we discussed,
we would propose to provide assistance to the City for certain items identified as a part of the
Corps requirements. Other items would be provided to the Corps by the City. Basically, the
items and the requirements of assistance by SEH are as follows:
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Right-of-way - City
Coordination with the Andiamo - jointly with City and SEH
Right-of-way acquisitions - City
Final wall location for flood wall - City
Negotiations with railroad - jointly with City and SEH
Traffic restrictions - jointly with City and SEH
Parking lot existing condition - jointly with SEH and City
Parking lot final design with the amenities - City
Wi/DOT coordination - City
Power lines - jointly with City and SEH
Water main - City
Sanitary Sewer - jointly with City and SEH
Storm sewer - jointly with City and SEH
We have estimated the hours and cost to provide the assistance the City has identified. We
would propose to provide this service on an hourly basis plus expenses in accordance with our
contract with the City of Stillwater.
We have estimated the cost and hours as follows:
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SHORT ELLIOTT
HENDRICKSON INC.
Item 2. Coordination with the Andiamo for
temporary service during construction
2 hours
$205.98
Item 5. Negotiations with the'railroad for Mulberry Street 40 hours
crossing and possible work within their right-of-way.
4,119.60
MINNEAPOLIS, MN
CHIPPEWA FALLS, WI
MADISON, WI
ST CLOUD, MN
Mr. Klayton Eckles, P.E.
August 11, 1994
Page 2
Item 6. Traffic restrictions
a. Determination of how much parking can be
lost at one time (meet with City staff)
b. Recommendation for alternate parking locations
c. Directional signing for alternate parking
d. Detours and access signing as required
throughout the project
e. Coordinate construction staging with parking
demands
The City is responsible for meeting with local business
to determine their needs and maintain communication
throughout the project.
Item 7. Review and catalog parking lot existing condition
Item 10. Coordination with NSP for power lines
Item 12. Review of sanitary sewer conditions and/or
requirements
Item 13. Review condition and/or requirements of storm
sewer
Total Cost
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57 hours
$5,525.00
2 hours $205.98
6 hours $617.00 -
2 hours $205.98
2 hours $205.98
$11,085.00
This addresses all the concerns expressed at the meeting with Mn/DOT and our discussions as
to SEH assistance to the City for furnishing the items required by the Corps of Engineers.
If you have any questions, please do not hesitate to contact me,
Sincerely,
Short Elliott Hendrickson Inc.
~(Bfti~
Richard E. Moore, P.E.
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MEMORANDUM
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TO:
Mayor and City Council
Klayton Eckles, City Engineer
FROM:
RE:
Surveyor Services for the Levee Wall Project
DATE:
August 11, 1994
One item that the Corps of Engineers requires of the City is a demonstration
that all land within the levee wall project area is owned or controlled by the
City. The City does own or control most of the land within the project area
(Le. Lowell Park}, there may be some areas, however, that the City will have
to acquire more formal rights. Some lands the City is currently leasing from the
railroad. The Lowell Park property and the surrounding area has never been
surveyed and monuments have never been placed in this area. Therefore, it is
unknown what all the ownership issues might be for this area.
In order to determine this, it will be necessary to obtain the services of a
surveyor. Mr. Barry Stack has performed a large amount of surveying in the
area and is considered the expert on downtown. At this time I do not have an
estimate of the cost to survey and monument the area, but hopefully by the time
of the meeting, I will be able to provide that information. As explained in the
earlier memo regarding SEH services, any surveyor services regarding right-of-
way issues are reimbursable as part of the project, or that is, they would count
as part of the City's 12 1/2% contribution to the levee wall project.
RECOMDtfENDATION
If a reasonable figure can be negotiated with Mr. Stack, I recommend that the
services of Barry Stack be contracted for the completion of a Lowell Park and
surrounding areas survey.
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MEMORANDUM
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TO:
MA YOR AND COUNCIL
FROM:
MORLI WELDON, CITY CLERK
DATE:
AUGUST 16, 1994
SUBJECT:
SETTING COMPENSATION FOR ELECTION JUDGES
Following is a survey of election judge compensation in neighboring communities for 1992
and 1994:
1992 1994
CITY JUDGE/CHAIR JUDGE/CHAIR CHANGE
North St. Paul $5.00/$5.50 $6.50/$7.00 Increase $1.50/hour
Woodbury $5.50/$6.00 $6.00/$6.50 Increase of .50/hour
Stillwater $5.50/$6.00
Oak Park Heights $5.50/$6.00 $5.50/$6.00 Same as 1992
Bayport $5.50/$5.50 $5.50/$5.50 Same as 1992
White Bear L~e $5.00/$5.50 $5.00/$5.50 Same as 1992
Lake Elmo $4.50/$5.00 not set pending
Recommendation: Increase compensation .50/hour.
Judges $6.00/Chair $6.50
RESOLUTION NO. 94-
APPOINTING ELECTION JUDGES AND FIXING COMPENSATION
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named
persons, as listed on the attached list, shall serve as Election Judges for the Primary Election
to be held on September 13, 1994.
BE IT FURTHER RESOLVED, that the compensation to be paid to the regular Judges of
Election be, and the same is hereby fixed at $ per hour; and the compensation for
the Chairperson Judges is hereby fixed at $ per hour.
Adopted by Council this 16th day of August, 1994.
Charles M. Hooley, Mayor
ATTEST:
Modi Weldon, City Clerk
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Election Judges -
Primary Election, September 13, 1994
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Ward 1, Oak Park School
S. Judith Murphie-Lacy - co-chair Marlene Woltman: co-chair
Helen Schwalen Ruth Hudachek
Stella Casanova Nancy Taylor
Rose Mary Corman Julie Ritzer
Robert Bourdaghs Carol Roettger
Melanie Ristow
Ward 2, First Methodist Church
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Delores Swager: co-chair Helen Falde: co-chair
Harriet Martin Gretchen Tumblad
Merelyn Demoski Jeanette Johnson
Margaret Stuart Beatrice Johnson
Dorothy Lynch Colleen Weiss
Bob Bergfalk Betty Burnett
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Ward 3, Stoneridge Elementary
Mary Jo Stevenson: co-chair Joe Rheinberger: co-chair
Betty Klatt Kim Weiss
Joyce Grunow Evelyn Duncan
Eleanor Ryan Mabel Froshaug
Pat Rossini Norma Swanson
Mary Holmberg
Ward 4, Lily Lake School
Shirley Renfrow: co-chair Bette Berube: co-chair
Harriet Arndt Marguerite Rheinberger
Corrine Lundberg Thelma Lueck
Carolyn Helston Mary Jo Kress
Ann Marie Plancon Norman Falde
Sally Fabrini Helen Goldberg
Rev. August 11, 1994
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Nursing Home/Hospital Judges
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Helen Schwalen Beatrice Johnson
Mary Jo Stevensen (alternate) Marlene Woltman (alternate)
Public Accuracy Test
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Harriet Martin Betty Burnett
Mary Jo Stevensen (alternate) Marlene Woltman (alternate)
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MEMORANDUM
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TO:
Mayor and City Council
FROM:
City Coordinator
RE:
Salaries of Council
DATE:
August 12, 1994
The City Charter (Section 3.04) provides that "the Mayor and Counci1members
shall receive such lawful compensation as is fixed by the Council by ordinance."
Minnesota Statutes Chapter 415.11, Subd. 2, provides that:
"No change in salary (for elected City officials) shall take effect
until after the next succeeding election."
If the Council desires to change the compensation for the Mayor and Council, it
would have to do so before the upcoming election. It is unclear as to whether
or not the ordinance change needs to take effect prior to the primary or the
general election. However, if a change is desired, it would be better to do it
before the primary and eliminate any problems on the question.
e I have placed this on the agenda for your consideration.
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ORDINANCE NO.
ESTABLISHING SALARIES OF THE MAYOR AND COUNCIL
OF THE CITY OF STILLWATER
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
Section 1. Ordinance No. 684 of the City of Stillwater shall be repealed effective
January 1, 1995.
Section 2. Amending Section 22.03 of the Stillwater City Code, said Section 22.03 shall
hereafter read as follows:
"22.03. Salaries Established. Each Council Person of the City of Stillwater shall, during
the term of office, be paid the sum of $ per month, said sum to be paid
monthly. The Mayor of the City of Stillwater shall, during the term of office, receive the sum
of $ per month, payable monthly."
Section 3. This ordinance shall be in full force and effect from and after January 1,
1995 and its passage and publication according to law.
Passed by the City Council this
day of
,1994.
Mayor
ATTEST:
CITY CLERK
Note: Present salaries are - Council $400.00/month, Mayor $500.00/month. The last salary
change was made effective January 1, 1989.
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EXHIBIT "A" TO RESOLUTION NO. 94-193
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A T & T
ACE Hardware
Bell, Timothy
Biff's
Buberl Landscaping
Century Labs
Consolidated Plastics
DARE America
Equipment Supply
Erickson Post
G & K Services
Geis, Cynthia
M J Raleigh Trucking
Motorola
M P H Industries
Metropolitan Waste Control Com
M I I Life
Nash Perrine
Northwestern Tire
North Star International
On Site Sanitation
One Hour Express Foto
Royal Concrete Pipe
Russell, Steve
St Croix Animal Shelter
St Croix Car Wash
Sealmaster
Snyder Drug
Stillwater Excavating
T A Schifsky
Unifroms Unlimited
Warning Lites
ADDENDUM TO BILLS
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A T & T
American Ban k
Board of Water Commissioners
Capitol Communications
Concept Enviromental Services
Croix Oil
Custom Fire
Del's
Equipment Supply
Fire Instructors Association
Franklin Quest
Fred's Tire
Goodwill Industries
Kimble, Jay
League of MN Cities
Equipment Rental/Maintenance
Supplies
Cassttes/Batteries
Portable Toilets
Black Dirt
Rubber Gloves
Evidence Bottles
Chart Cases
Service Call-Library/City Hall
Gas/Diesel
U niforms/R u gs/Mops
Mileage
Black Dirt
Radio-New Truck
Radar Units
Sewer Service
Term Life
Flag Poll Maintenance
Tire/Tube
Hood Straps
Portable Toilets
Film Processing
Storm Sewer Repair
Parking/Meals
July Boarding Fees
Wash Squad Cars
Crack Filler
Film/Trash Bags
Clean Pipe-Lowell Park
Asphalt
Misc Uniform Supplies
Caution Tape/Barricades-Parade
220.21
245.70
170.35
189.78
51.12
59.45
155.85
35.74
896.44
3,751.61
1,796.04
9.00
415.50
159.93
4,888.35
67,399.00
1,052.73
150.00
151.36
11.18
302.60
18.02
383.40
23.98
208.78
63.90
2,157.12
23.60
90.00
484.63
122.08
170.12
Long Distance
Paying Agent Fees
Hydrant Repair-2nd Ave
Radio Repair
Enviromental Study
Oil
Pressure Gauge
Weed Whip/Chain Saw Supplies
Service Call-City Hall
Firefighter Manuals
Planner
Mount Rim
Recycling
LMC Conference
Workshop
23.90
600.00
349.49
58.75
530.00
633.78
21.30
223.09
131.40
163.88
133.02
8.57
297.92
444.69
45.00
Magnuson, David
Minn Comm Paging
MN Cellular One
MN Dept of Public Safety
MN Dept of Revenue
MN Dept of Veteran Affairs
Motorola
Northern States Power
Oakdale Inspections
Old Republic
Precision Business Systems
S M Hentges
St Croix Drug
St Croix Office Supplies
Schield Construction
S hort- Elliot-Hend ric kson
Shorty's Cleaner
Southam Business Communications
Stearns Manufacturing
Stillwater Motors
Thompson Hardware
U S West Communications
Valley Auto
West Star Curb & Concrete
Yocum Oil
Legal Services
August Services
Mobile Phone
Terminal Workstation
Sales/Use Tax
Legal Work-Rylander
Service Contract
Electric
Inspection Services
Abstract Fees-Lowell Park Ext
Maint Agree-Dictation Equipment
Payment #3-LI 274
Collection Fees
Office Supplies
Payment #2-LI 284
Engineering Services
Laundry
Publications-Seal Coating/LI 284
Survival Suit Repair
Repair Parts
Miscellaneous Supplies
Telephone
Repair Parts
Payment #2-LI 274
Oil
4,836.66
8.25
32.86
390.00
289.00
283.80
204.52
4,725.02
562.50
473.00
65.00
359,546.15
6.95
457.90
89,504.17
79,103.11
60.92
303.60
35.00
10.75
78.30
1,452.17
1,384.40
66,753.47
33.87
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TOTAL: 700,623.73
Adopted by the City Council this 16th day of August, 1994.
APPROVED FOR PAYMENT
--------------
--------------
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Memorandum
--....
To:
Mayor and Council
From:
Morli Weldon, City Clerk
Date:
August 16, 1994
Subject:
One-day Temporary Liquor License Request
Nance J. Anders has made a request on behalf of the River Valley
Arts Council for a I-day temporary liquor license to serve wine
at a fundraiser and silent auction to be held at the Cub Foods
Corporate Atrium on September 16, 1994.
Action required: Motion to approve.
(Required prior to submission to Minnesota
Department of Public Safety, Liquor Control
Division.
PS-09079 (5/93)
Minnesota Department of Public Safety
LlaUOR CONTROL DIVISION
190 5th 51. E., 51. Paul, MN 55101
(612) 296-6430 TOO (612) 297-2100
.....
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APPLICATION AND PERMIT
FOR A 1 to 3 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION
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DATES liS'; :~:~(~hL~,?!.; 1 TO ~ ~~YS) I C1 Cr '-/
ORGANIZATI6~ OFFICER'?,..~A,M: I .: .~'
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ORGANIZAl'lON OFFICER'S NAME ,
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BUSINESS PHONE HOME PHONE
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Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor licensee providing
the services.
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Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.
(Note: Ins rance is not mandatory)
APPROVAL
CITY OF
DATE APPROVED
CITY FEE AMOUNT
LICENSE DATES
DATE FEE PAID
APPROVED LIQUOR CONTROL DIRECTOR
SIGNATURE CITY CLERK
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NOTE:
Do not separate these two parts, send both parts to the address above and the original signed by this division
will be returned as the license. Submit to the City Clerk at least 30 days before the event.
.
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ST. CROIX AREA UNITED WAY
METROPOLITAN BANK. DOWNTOWN, P.O. BOX 305, STillWATER, MINNESOTA 55082-0305
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612/439-3838
August 9, 1994
Nile Kriesel, City Coordinator
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
Dear Nile,
RE: Placement of temporary signs for the United Way fall campaign
The following banks have agreed to allow a thermometer sign on their property during our
campaign:
Metropolitan Federal Bank-downtown
Firstar Bank-downtown and Highway 36 & 5
Norwest Bank-Highway 36
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The signs consist of 4' x 8' water resistant paper with a thermometer, dollar goal, and
United Way logo printed on it. These would be attached to two sheets of plywood which
would be bolted to a 4" x 4" treated post.
We would install the signs late in August or early September. We hope to complete our
campaign during November. So, unless instructed otherwise by you, and weather
permitting, we would plan to take them down between Thanksgiving and Christmas.
Sincerely, ,
yC /?fF-
.rt' Pfeiffer ,71 ~
Executive Director
JP:1m
cc:
Larry Severson, Metropolitan Federal Bank
Steve Zinnel, Norwest Bank Stillwater
Rod Hofland, Firstar Stillwater Bank
Mike Morrison, Central Bank
Sheryl E-Marshall, United Way Communications Chair
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To Help Create a Community of People Helping People
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Memomndum
To: Mayor and Council
From: Morli Weldon, City Clerk
Date: August 16, 1994
Re: Additions to Consent Agenda
1. Approval: Submit claim of Deb Pudell for injury sustained
during attempted docking of boat to insurance carrier.
2. Approval: Hang banners at Main and Olive
Family Service St. Croix:
National Family Week (Nov. 18-26, 1994)
League of Women Voters of St. Croix Valley,
Vote Nov. 8 (October 24-November 6, 1994)
This request is contingent upon approval by
Minnesota Department of Transportation.
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FAMILY SERVICE
e ST. CROIX
216 West Myrtle Street
Stillwater, MN 55082
(612) 439-4840
FAX (612) 439-4894
Branch Offices:
MidAmerica Bank Building
6949 Valley Creek Road
Woodbury, MN 55125
(612) 735-5405
2nd Street Crossing
512 Second Street
Hudson, WI 54016
(715) 386-2066
BOARD OF DIRECTORS
John Tunheim
Chair
Mary Weber
Vice Chair
_uentin Heimerman
Treasurer
Nancy Sweet
Secretary
Donald Brandt, M.D.
Michael Corbett
Gloria Desch
Barbara Fischer
Randall Jones
Frances Moore
Doug Plunkett
Peggy Quinn
Joe Techar
Tom Vaaler
Elizabeth Whitchurch
Jo Ann Woeste
Sandra Shearer
President
Life Member
Eleanor Jane Adams
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FSA
August 10, 1994
Mary Lou Johnson, city Clerk
216 North Fourth street
stillwater, MN 55082
Dear Ms Johnson:
Family Service st. croix would like permission to
display a National Family Week banner at Main
Street and Olive from November 18 through the 26,
1994. The banner will be approximately 30" X 24'
and will have grommets with ample rope for
anchoring and has been hung in this location
before.
National Family Week helps people focus on the
family as an essential part of a sound community.
We would be grateful for approval of this request.
Sincerely,
/J7
Mary Jo c son
Director Communication/Development
439-4840
.-,
~ illwater
~ - - ~
---- - ~
THE BIRTHPLACE OF MINNESOTA J
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REQUEST FOR INSTALLATION OF BANNER
2.
ORGANIZATION
[a r I 0- -D 0- ~l \
L ea~ue- or GUorYle.n I/ofers ofSf-.C.(Gi''X va/lei
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1.
APPLICANT
~n-Profit
D For Profrt
ADDRESS f (j) (6 N eo. (
r'> L' 1/ LLl C{ 1- e r
II / '--', ii, .., --.,........ 1
/I iJ c- /\J (oJ TELEPHONE ? j (:.) -~ ::>'1 j
3.
4.
ACTIVITY BEING PROMOTED BY PROPOSED BANNERS:
rqqi-f E(e..Gl-io/1 'Tl1e5/~r) (fjtu/d
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5.
BANNER LOCATIONS REQUESTED:
n Main Street at Olive Street (Mad Capper)*
D North Main Street - 100 Block (Kolliners)*
D Chestnut Street at Union Alley (Firstar Bank)
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*MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS
6. DATES TO BE DISPLAYED: () ~fo bey ':X 4 th - Nc LJ cr-.'t b r2r C/th
7. INSTALLATiON FEE (Non-Profit/Charitable Organizations Exempt from Fee)
D $40.00 - Make check payable to City of Stillwater
FOR OFFICE USE ONLY
D City Date:
D MnDOT Date:
D Fee Paid Date:
_ p. (Required for Main Street Locations)
STILLWATER FIRE DEPT. AND MnDOT REQUIREMENTS ATTACHED
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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VOLUNTEER INFORMATION NIGHTS
LEARN HOW YOU CAN BECOME INVOLVED
AND MAKE A DIFFERENCE!
We will introduce you to Family Violence Network Volunteer Opportunities and
available training. We need your help in eliminating violence. Attend one evening and
we will explain how to begin.
Wednesday, September 14
1:00 - 8:30 p.m.
OR
White Bear Lake
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Monday, September 19
1:00 - 8:30 p.m.
S1. Paul Park
* Children ~s Advocacy
* Support Group Facilitators
* Court Advocacy
~ Community Education Speakers
* Oflice/Clencal Support
* Battered Women'S Advocacy
* Daytime or Evening Opportunities
* Cn'sis Line Advocacy
* On-Call Advocacy
* Child Care in our Shelter
YOUR HEll' CAN MAKE A DIFFERENCE!
TheFamily Violence Network is a non-profit organization working to eliminate
violence in familial relationships and promoting self-reliance in suburban
Ramsey County and all of Washington County. Call for volunteer night
e locations and information 770-8544.
NEWS RELEASE
F~ly Violence Network
P_O. Box 854
Lake Elmo, Minnesota 55042
FOR IMMEDIATE RELEASE-
FOR MORE INFORMA nON CONT Acr- Volunteer Coordinator at 770-8544
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THE FAMILY VIOLENCE NETWORK NEEDS YOUR HELP TO BREAK THE CYCLE OF
VIOLENCE. VOLUNTEER ADVOCATES ARE NEEDED IN WASHINGTON AND
SUBURBAN RAMSEY COUNTIES. A BELIEF IN NON-VIOLENCE AND A
WILLINGNESS TO LEARN ARE THE REQUIREMENTS. A ONE-YEAR COMMITMENT
IS PREFERRED_
VOLUNTEER OPPORTUNITIES INCLUDE:
CRISIS LINE ADVOCATE - OUR LINE IS CALL FORWARDED TO YOUR HOME. YOU
PROVIDE INFORMATION AND REFERRAL TO VICTIMS OF DOMESTIC VIOLENCE.
FLEXIBLE SHIFTS CAN FIT YOUR SCHEDULE.
CHILDREWS PROGRAM - WORK WITH CHILDREN'S SUPPORT GROUPS AS A CO-
FACILITATOR OR ASSIST WITH ACfIVITIES FOR CHILDREN IN OUR SHELTER. EVENING
OR DAYTIME HOURS NEEDED AND A SENSITIVITY TO CHILDREN LIVING WITH
VIOLENCE IN THEIR FAMILIES.
COURT ADVOCATES -ATIENDDAYTIME COURT HEARINGS TO MONITOR CRIMINAL
COURT PROCEEDINGS. WEEKDAY ADVOCATES ARE ALSO NEEDED TO HELP
INDIVIDUALS OBTAIN COURT ORDERS FOR PROTECTION.
SAFEHOME PROVIDER..<; - OPEN THEIR OWN HOMES FOR 1 - 5 NIGHTS TO BA TIERED
WOMEN AND THEIR CHILDREN_ RAMSEY COUNTY HOMES ARE ESPECIALLY NEEDED.
SHELTER ADVOCATES - WORK WITH SHELTER RESIDENTS TO CARRY OUT PLANS FOR
SAFETY IN OUR RAMSEY OR SOUTH WASHINGTON COUNTY LOCATIONS.
OTHER VOLUNTEER ROLES ARE ALSO A V AILABLE, AS WELL AS COLLEGE INTERNSHIPS. WE
OFFER A VALUABLE EXPERIENCE AND TRAINING_ OUR NEXT ADVOCACY TRAINING SERIES
BEGINS IN SEPTEMBER. APPLICATIONS NEED TO BE COMPLETED BY SEPTEMBER 16, 1994.
THE FAMILY VIOLENCE NETWORK IS A NON-PROFIT ORGANIZATION WORKING TO
ELIMINATE VIOLENCE IN FAMILIAL RELATIONSHIPS AND PROMOTING SELF-RELIANCE IN
SUBURBAN RAMSEY COUNTY AND ALL OF WASHINGTON COUNTY. F AMIL Y VIOLENCE
NETWORK IS A UNITED WAY AGENCY. FOR MORE INFORMATION OR AN APPLICATION,
PLEASE CALL 770-8544.
.
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TO: COMMUNITY LEADER
4It RE: COMMUNITY EVENT PRESS RELEASE
FR: STILLWATER AREA CITIZEN'S OPEN SPACE COMMITTEE
contacts: COREY MOHAN 430-3086
BARBARA ROSAMILIA 439-2866
-'>!.-
DA: AUGUST 03, 1994
STILLWATER AREA OPEN SPACE
--
The Stillwater Area Citizen's Open Space Committee (SACOSC)
invites you to an informational meeting Tuesday August 16th
at 7 pm at the Stillwater Public Library, Margaret Rivers Room,
223 North Fourth Street.
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The SACOSC, recently endorsed by the Stillwater City Council
and the Stillwater Township Board of Supervisors, is ready to
begin the task of working to classify and preserve undeveloped
land in the Stillwater area. Members of this grass roots
committee will speak on the goals and process involved as well
as the successes of other metro area communities as we work
to preserve our Open Spaces. A variety of volunteer positions
will be available for those wishing to serve. Everyone is
welcome to attend.
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MEMORANDUM
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Dave ~
TO:
FROM: Matt k-~
DATE August J.O, J.994
RE: Krafthefer - Robinson Fence Dispute
Robinson is claiming that Krafthefer is maintaining a public nuisance in
violation of M.S.S609.74, by placing a small fence at the end of what is known
as North 3rd street.
The construction of a fence is a public nuisance where it is constructed and
maintained within the right of way limits and it "impairs the usefulness" of the
highway to the public or makes such use "dangerous". (Op. Atty. Gen., 377-B-10-
j, April 10, 191). This standard was further refined in Fish v. Hanna Coal and
Ore Corp. (D. Minn. 1958) 164 F. Supp. 870. "The interference must be a material
and substantial one for a nuisance to exist that entitles the party to relief".
Nuisance is based upon the sensibilities of the reasonable person.
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In this situation, the fence is located at the edge of a dead end road. Just
beyond the fence is an area of land fill. This area is the site of environmental
cleanup efforts. (See attached drawings for reference). Applying the standards
set out by the Courts and the Attorney General, the location of the fence does
not appear to "impair the usefulness" of the roadway. Although the Robinson
property does extend beyond the fence, their access to the roadway is not
obstructed. The Robinson driveway is not blocked by the fence, nor is the fence
on the Robinson's property. Therefore, the location of the fence is not a
"material and substantial interference" for purposes of travel to and from the
Robinson property.
The only use that maybe impaired is parking. Apparently the previous owners of
the Robinson property parked a vehicle at the edge of the road for a number of
years. This was prior to the 1993 survey which revealed that the Krafthefers are
in fact the owners of the roadway.
There are several reasons why denying access for parking purposes does not amount
to a "material and substantial interference". Just beyond the fence is an area
of land that is approximately 50 ft in length. This area of fill drops off
sharply into a ravine. The American Testing and Engineering corporation (ATEC)
has determined that the "Crest" of the slope is unstable and shows signs of slope
failure or "slumping". In addition, the fill area is an environmental cleanup
site. Given the condition of the fill area the location of the fence actually
confers a benefit upon the public. Strangers to North Third street now are
warned not to pass beyond the fence.
In addition, if the Robinsons were to park where the fence now sits, the City's
access to the fill area for cleanup efforts would be obstructed. Although the
fence may obstruct parking, such interference is neither substantial nor
material. The Robinsons have the option of parking in their driveway. It is in
the best interests of the public to maintain the fence.
Based upon a careful review of the facts and thorough research, we have concluded
that the Robinsons do not have a cause of action for public nuisance.
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MAS/mja
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Existing North Third Street
Plotted North Third Street
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Approximate Vertical Scale
B
House
60
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11I1111 1111111111
PLAN VIEW OF FILL AREA
1
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1
1
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30
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CROSS - SECTION OF fiLL AREA
Approximate Horizontol Scole
.... .....,....;.; Unstable Crest of Slope
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e FILL AREA PLAN/CROSS-SECTION REPRESENTATION
City of Stillwater North Third Street
Stillwater, Minnesota
Proj. Number: NA
Scale: See Map
Figure: 1
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9:15
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9. 9:40
TO
10:20
10. 4:30
11.
5:30
WASHINGTON COUNTY
Denni8 C. Hegberg
District 1 .
MaryH_er
District 2/Cheir
Wally Abr.tlemaon
District 3 "'-
Myra Petenon
District 4
Dave Engstrom
District 5
COUNIT BOARD AGENDA
AUGUST 16, 1994, 9:00 A.M.
ROLL CALL
CONSENT CALENDAR
PUBLIC WORKS DEPARTMENT
D. WISNIEWSKI, DIRECTOR
GROUP PICNIC SHELTER AT LAKE ELMO PARK RESERVE
GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR
DISCUSSION FROM THE AUDIENCE
V1S1TORS M.4T SHARE 17lE/R CONCERNS WT1H 1HE COUNlY BOARD OF COMMlSSJONE11S ON ANY 11EM NOT ON 1HE AGENDA. 1HE CHAIR MU. DIRECT
1HE COUNlY ADMJN1.S'1RATOR TO PREPARE RDI'ONSES TO TOUR CONCERNS. TOU ARE ENCOURAGED NOT TO BE REPE1Tl10US OF PREVIOUS SPEAKDtS
AND TO UMlT YOUR ADDRESS TO FlYE ltUNUI1:3.
COMMISSIONER REPORTS - COMMENTS - QUESTIONS
77l1S PERIOD OF 77ME SHAIL BE USED BT 1HE COMMlSSlONE11S TO 1tEPOKT TO 1HE FUlL BOARD ON COMMlTIEE AC11V11lES, MAKE COMMENIS ON
M.4T7EXS OF 1NTE1lEST AND INFOBMA110N, OR R.USE QUUllONS TO 1HE STAFF. 77l1S AenoN IS NOT INTENDED TO RESULT IN SU1JSTANI1VE
BOARD AC110N DllRlNG 77l1S 11ME. ANY AC110N NECESSARY BECAUSE OF DISCUSSION MU. BE SCHEDCR.ED FOR A FU1VRE BOARD MEETING.
BOARD CORRESPONDENCE
RECESS UNTIL 4:30 P.M.
BOARD WORKSHOP WITH OFFICE OF ADMINISTRATION
DISCUSSION OF ECONOMIC DEVELOPMENT STRATEGY
PUBLIC BEARING - H.E.L.M. - M. MCGLOTHLIN, DIRECTOR
P & P ENTERPRISES REZONING REQUEST
ADJOURN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MBETIJlG JlOTICES
Date
Aug. 16
Aug. 16
Aug. 16
Aug. 17
Aug. 17
Aug. 17
Aug. 17
g. 18
ug. 18
Aug. 18
Legal Assistance
Mental Health Advisory Committee
1995 Budget Hearings - Public
Works, Capital projects
Plat Commission
HRA Board
Transportation Advisory
1995 Budget Hearings-property &
Taxation, Support Departments
Private Industry Council 8:00 a.m. Washington County Government Center
MELSA/Metronet 12:00 p.m. MELSA Offices - St. Paul
Minnesota Extension 7:30 p.m. Extension Office - Rooms A & B
If you ruled auistance dUf! to disabiUry or lGnglUJge bamer, please caU 43D-6003(1DD 439-3220)
AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
co_ittee
Tiae
Location
12:00 p.m.
4:00 p.m.
7:00 p.m.
Stillwater Perkins
Oakdale City Offices
Washington County Government Center
9:30
1:00
2:00
7:00
H.E.L.M. Meeting Room
321 Broadway - st. Paul Park
230 E. 5th St.-Mears Park Centre
Washington county Government Center
a.m.
p.m.
p.m.
p.m.
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR **
AUGUST 16, 1994
......
.e-
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
ADMINISTRATION
A. APPROVAL OF THE JULY 26, 1994 BOARD MEETING MINUTES.
AUDITOR-TREASURER
B. APPROVAL OF ABATEMENT APPLICATIONS FOR HOMESTEADS.
C. APPROVAL OF RESOLUTION, APPLICATION FOR EXEMPTION FROM LAWFUL
GAMBLING LICENSE FROM OAKDALE VOLUNTEER FIREMEN'S RELIEF
ASSOCIATION TO BE USED AT WITHROW BALLROOM, MAY TOWNSHIP.
COMMUNITY SERVICES
D. APPROVAL TO EXTEND PRIVATE INDUSTRY COUNCIL MEMBERSHIP OF
EUGENE L. SPOTT TO JUNE 30, 1996.
E. APPROVAL OF RESOLUTION REGARDING CAPITAL. BONDING FUNDS TO BE
USED FOR SECURE JUVENILE DETENTION.
COURT SERVICES
HEALTH, ENVIRONMENT
AND LAND MANAGEMENT
F. APPROVAL OF AGREEMENT WITH NEW SCANDIA TOWNSHIP AND AUTHORIZE
PAYMENTS FOR DISTRIBUTION OF CURBSIDE RECYCLING FUNDS IN THE
AMOUNT OF $11,020.
HUMAN RESOURCES
G. APPROVAL OF PERSONAL LEAVE OF ABSENCE, WITHOUT PAY, FOR
KENNETH BOYDEN FROM AUGUST 1,1994 TO JANUARY 1,1995 FOR THE
PURPOSE OF ACCEPTING THE APPOINTMENT TO THE UNCLASSIFIED
POSITION OF COUNTY SHERIFF.
H. APPROVAL FOR RECLASSIFICATION OF POSITION OF SCREENER/
COLLECTOR TO THE CLASSIFICATION OF PROGRAM MANAGER IN COURT ~
ADMINISTRATION. ,.,
PUBLIC WORKS
I. APPROVAL OF LEASE AGREEMENT FOR TILLABLE FARM LAND IN BIG
MARINE PARK RESERVE WITH JOHN EDSTROM.
J. APPROVAL OF RESOLUTION, AUTHORIZING THE EXECUTION OF A
MINNESOTA TRAIL ASSISTANCE PROGRAM AGREEMENT WITH THE STATE
OF MINNESOTA.
K. APPROVAL OF TEMPORARY ROAD. EASEMENT WITH THE CITY OF LAKE
ELMO.
L. APPROVAL .OF RESOLUTION, AUTHORIZING. THE EXECUTION OF A
MINNESOTA TRAIL ASSISTANCE PROGRAM AGREEMENT WITH THE STATE
OF MINNESOTA FOR REIMBURSEMENT OF TRAIL COSTS TO THE STAR
TRAIL ASSOCIATION.
RECORDER
M. INFORMATION ONLY - RECORDER FEES FOR THE MONTH OF JULY, 1994.
"Consent Calendar items are generally defmed u items of routine buaincss, not requiring diacuasion. md approved in one vole. Commissioners may elect 10
pull a Consent Calendar item(s) for discussion mdlor separate action.
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SIGNIFICANT TREE LIST
l. 8" Box Save
2 . 6" Box Save
:3 . 12" Save
4. 7" Save
5. 7" Save
6. 7" Save
7. 7"
8. 12"
9. 10"
10. 10"
11. 12"
12. 12"
13. 10"
14. 12"
15. 7" ..
16. 7" ..
17. 7" it
18. 7" *'
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20. 7" ..
21. 8" ..
22. 6" ..
23. 9"
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8" Save
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48. 10" Save
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50. 6" Box Save
5l. 6" Box
52. 8" Box Save
53. 10" Box
54. 8" Box Save
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TRANSPLANT 5 TREES
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LOT 1 - SAVE 10
TRANSPLANT 8
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TO UNDISTURBED AREAS.
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LOT NO,
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SEWO.SPlIT ENTRY WALKOUT
SLO--SIDE LOOKOUT
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that this
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the laws of the State
NO EROSION CONTROL PLAN
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