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Home My WebLink About1994-10-18 CC Packet ~. . . REVISED AGENDA * CITY OF STILL WATER CITY COUNCIL MEETING NO. 94-36 OCTOBER 18, 1994 SPECIAL MEETING REGULAR MEETING 4:30 P.M. AGENDA 4:30 P.M. 7:00 P.M. 1. Discussion of 1995 budget-related issues, including storm sewer utility rates, solid waste recycling charges, and rural service district. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - September 27, 1994 - Special Meeting October 4, 1994 - Special and Regular Meetings PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclamation: National Business Women's Week 2. Proclamation: Jack Hooley 3. Jane Haas - Landscape and Fence Ordinances 4. Dave Ruch, Ward Network - Update on October meeting. 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 ASSESSMENT HEARINGS 1. This is the day and time for the assessment hearing for L.I. 303, North Broadway Sewer Extension. (Continued from October 4, 1994 meeting.) Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. PUBLIC HEARINGS 1. Case No. PUD/94-44. This is the day and time for the public hearing to consider a planned unit development for the construction of a 65-unit apartment complex. The property is located at Tuenge Drive and 61st Street in the RB. Two Family Residential District. Paul Schaefer, applicant. (Continued from Oct. 4, 1994 meeting.) Notice of the hearing was placed in the Stillwater Gazette on September 26, 1994, and notices mailed to affected property owners. City Council Agenda No. 94-36 October 18, 1994 Page 2 UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 796, setting fees for movie productions in City. .' 2. Downtown hotel development. 3. Marcia Kilbourne - Reassessment of Lot 1, Block 1, Deerpath Addition (continued from October 4, 1994 meeting) NEW BUSINESS 1. Possible first reading of Ordinance No. 797, changing mandatory sewer hook-up requirements. 2. Set date for canvass of returns for General Election. 3. Resolution: Requesting variance to MSA 155-156 Myrtle Street concrete rehabilitation, concrete walk, and manhole repair. Resolution: Defending and Indemnifying State of Minnesota - Myrtle Street concrete rehabilitation, concrete walk, and manhole repair. 4. Adjustment and recertification of Burlington Northern assessments (L.I. 257 - Downtown Project) PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) . CONSENT AGENDA 1. Resolution: Directing Payment of Bills. (Resolution No. 94-268) 2. Resolution: Approving Permanent Employment of Sharon Harrison and Cindy Geis. 3. Approval: Hang banner for American Education Week, November 10-21, 1994. 4. Approval: Contractor's License (list attached) 5. Approval: Submit claims to insurance carrier - Fischer, Ogren, and Wold COMMUNICATIONS/REOUESTS 1. Sight Distance Concerns on County Road 64 - Washington County 2. John Zoller, Stillwater Elks Lodge #179 - Use of Lily Lake Tennis Courts 3. Benjamin and Michele Hanson - South Hill Sewer Hook-up Grant 4. Rooney & Nielson, LTD, representing Port of Sunnyside COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * Items in italics are additions to the agenda .' I . . Ie MEMORANDUM TO: MAYOR AND COUNCIL FROM: MORLI WELDON, CITY CLERK DATE: OCTOBER 18, 1994 SUBJECT: ADDITIONS TO COUNCIL PACKET AND AGENDA ADDITIONS TO COUNCIL PACKET 1. Revised agenda (Items in italics are additions to agenda) 2. Letter: Andiamo Enterprises - Lily Lake Arena (Staff reports) 3. Minutes: Page 5 of Special Me~ting, Sept. 27, 1994 (missing from council packet), and Corrected Page 4, Sept. 27 meeting, adding name of Kimble as seconding motion adopting Res. 94-237. 4. Fence Ordinance and section of City Code relating to Grading Permits (No.3, Individuals and Delegations - Julie Haas) 5. Proclamation: Jack Hooley (No.2, Individuals and Delegations) 6 . Addendum to Bills (No.1, Consent) 7. Adjustment and Recertification of Burlington Northern assessments (No.4, New Business) 8. Claims against the City - Fischer, Ogren, Wold (No.5, Consent) 9. Letter: Benjamin and Michele Hanson (second page missing from council packet) (No.3, Communications) 10. Letter: Rooney & Nielson, LTD - Port of Sunnyside (No.4, Communications) 11. Washington County Agenda (FYI) 12. Minutes: Oak Park Heights (FYI) . SPECIAL MEETING REGULAR MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 94-36 OCTOBER 18, 1994 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 1. Discussion of 1995 budget-related issues, including storm sewer utility rates, solid waste recycling charges, and rural service district. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL . APPROVAL OF MINUTES - September 27, 1994 - Special Meeting October 4, 1994 - Special and Regular Meetings PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Proclamation: National Business Women's Week 2. Jane Haas - Landscape and Fence Ordinances 3. Dave Ruch, Ward Network - Update on October meeting. 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 to. Building Official 11. City Attorney 12. City Coordinator ASSESSMENT HEARINGS 1. This is the day and time for the assessment hearing for L.I. 303, North Broadway Sewer Extension. (Continued from October 4, 1994 meeting.) Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. i. City Council Agenda No. 94-36 October 18, 1994 Page 2 . PUBLIC HEARINGS 1. Case No. PUD/94-44. This is the day and time for the public hearing to consider a planned unit development for the construction of a 65-unit apartment complex. The property is located at Tuenge Drive and 61st Street in the RB. Two Family Residential District. Paul Schaefer, applicant. (Continued from Oct. 4, 1994 meeting.) Notice of the hearing was placed in the Stillwater Gazette on September 26, 1994, and notices mailed to affected property owners. UNFINISHED BUSINESS -:# 7 q ~ 1. Possible second reading of ordinance setting fees for movie productions in City I s.:t 11 . .JUt(~,\ -) 2. Downtown hotel development. 3. Marcia Kilbourne - Reassessment of Lot 1, Block 1, Deerpath Addition (continued from October 4, 1994 meeting) NEW BUSINESS 1. Possi~ first reading of ordinance changing mandatory sewer hook-up requirements. 1-l-7q7 2. Set date for canvass of returns for General Election. 3. Resolution: Requesting variance to MSA 155-156 Myrtle Street concrete rehabilitation, concrete walk, and manhole repair. Resolution: Defending and Indemnifying State of Minnesota - Myrtle Street concrete rehabilitation, concrete walk, and manhole repair. . PETITIONS. INDIVIDUALS. DELEGA nONS & COMMENDATIONS (continued) CONSENT AGENDA 1. Resolution: Directing Payment of Bills. (Resolution No. 94-268) 2. Resolution: Approving Permanent Employment of Sharon Harrison and Cindy Geis. 3. Approval: Hang banner for American Education Week, November 10-21, 1994. 4. Approval: Contractor's License (list attached) COMMUNICATIONS/REQUESTS 1. Sight Distance Concerns on County Road 64 - Washington County 2. John Zoller, Stillwater Elks Lodge #179 - Use of Lily Lake Tennis Courts 3. Benjamin and Michele Hanson - South Hill Sewer Hook-up Grant COUNCIL REQUEST ITEMS STAFF REPORTS (continued) .1 ADJOURNMENT . . . I' SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES September 27, 1994 4:30 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, and Mayor Hooley Absent: Councilmember Zoller Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Clerk Weldon City Engineer Eckles (7:00 p.m.) Consulting Engineer R. Moore (7:00 p.m.) Consulting Engineer T. Moore (7:00 p.m.) Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Ed Cain, Art Palmer SOUTHEAST AREA SEWER PROJECT GRANT PROPOSAL Ed Cain explained the grant proposal. Cost to submit the proposal is approximately $200. Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the expenditure of approximately $200 for submittal of a grant proposal for the Southeast Area Sewer Project. All in favor. REPORT ON DOWNTOWN HOTEL DEVELOPMENT City Attorney Magnuson updated Council on a meeting held today with Mr. Magnuson, Mr. Kriesel, Mayor Hooley, and St. Croix Preservation Company. St. Croix Preservation Company asked Mr. Magnuson to examine their source of financing without revealing that source to the Council or the public. They also requested a 90-day extension for the closing; after 90 days, St. Croix Preservation will be responsible for the closing costs. Art Palmer, Lowell Inn, stated that he understood that St. Croix Preservation Company would not ask for financial assistance from the City. He also questioned why the City would not attempt to recover all costs in return for an extension agreement. Council agreed to grant the City Attorney authority to examine the financing source and report back to Council in a limited way at the October 4 meeting. Stillwater City Cou,ncil Minutes Special Meeting Septemer 27, 1994 DISCUSSION OF PROPOSED LIQUOR LICENSE FEES Mayor Hooley reviewed the current and proposed license fees. Motion by Councilmember Cummings, seconded by Mayor Hooley to set the proposed fee for On Sale Club liquor license according to the state statute. Ayes - 3; Nays - 1, Councilmember Bodlovick. Motion by Councilmember Cummings, seconded by Councilmember Kimble to set the proposed fee for off sale liquor license up to $500. Ayes - 3; Nays - 1, Councilmember Bodlovick. Motion by Councilmember Cummings, seconded by Councilmember Kimble to notify current liquor license holders of a public hearing regarding the proposed fee increases. Ayes - 3; Nays - 1, Councilmember Bodlovick. CONTINUATION OF 1995 BUDGET WORKSHOP Council continued discussion of the 1995 budget. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing a storm sewer utility fund and transfer the storm sewer repair line item from the general fund to the storm sewer utility fund. (Resolution No. 94-267) Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor Hooley Nays - None RECESS Council recessed at 6:15 p.m. and reconvened at 7:00 p.m. ASSESSMENT HEARINGS 1. This is the day and time for the assessment hearing for L.I. 302, Highlands Fifth Addition. Notice of the hearing was placed in the Stillwater Gazette on September 13, 1994, and notices mailed to affected property owners. Consulting Engineer Moore reviewed the costs of the project and the proposed assessments. Mayor Hooley closed the public hearing. 2 ... . . . . . I. .. Stillwater City Council Minutes Special Meeting Septemer 27, 1994 Motion by Councilmember Bodlovick" seconded by Councilmember Cummings to adopt the appropriate resolution adopting the assessment for L.I. 302, Highlands Fifth Addition. (Resolution No. 94-238) Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor Hooley Nays - None 2. This is the day and time for the assessment hearing for L.I. 284, Myrtle Street Drainage. Notice of the hearing was placed in the Stillwater Gazette September 13, 1994, and notices mailed to affected property owners. Consulting Engineer Moore explained the project and reviewed the proposed assessment assessments. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to amend the assessment roll by using MSA funds as part of the project. All in favor. Mayor Hooley opened the meeting to the public. Cathy Preston, 105 S. Harriett, stated she has problems with water pooling on her property. Michelle Hoffman, 116 S. 6th St., stated that water pools in her back yard. Gene Bartkey, 204 N. William St., stated that assessments should not be paid until all the problems are solved. Byron Doyle, 120 N. William, asked why only a few homeowners are paying for a City problem. John Rheinberger, 818 W. Olive St., stated his property values have not increased from this project. Janice Kramer, 813 W. Olive, stated that the public hearing notice was difficult to understand. Kathleen Charlsen, 728 W. Olive, asked if the benefitting property owners are being assessed. Mr. Moore responded that they are not. Lewis Buschman, 104 N. Everett, asked why the sewer was not repaired under those homes with problems. Mr. Moore and Mr. Magnuson explained that it was more feasible to relocate the system than to repair the existing system. Julia Crumley, 108 S. 6th, asked why the three benefitting property owners were not assessed. Mrs. Bartkey, 204 N. William St., asked if the benefitting properties were worth the expense of the project. Mayor Hooley responded that Myrtle Street would have eventually been damaged if the repairs were not made. Wally Nelson, 102 S. Harriett, asked about the possibility of assessing the entire City rather than the individual. Ron Schoenborn, 514 S. Hemlock, stated that the City has used MSA funds dedicated to the entire City to assist in paying for this project. 3 .. Stillwater City Council Minutes Special Meeting September 27, 1994 . Bob Johnson, 604 W. Myrtle Street, asked if he will be assessed again for Myrtle Street improvements. Mr. Moore responded that benefitting property owners will be assessed Mark Ridgeway, 121 N. Greeley St., asked what rate the City adds to the bond rate. Mr. Kriesel responded that the City takes 1 and 1/2 percent for administration costs. David Benjamin, 617 W. Myrtle, asked if only the residents of Myrtle St. will be assessed for the upcoming Myrtle Street reconstruction. Mr. M~ore responded that benefitting . property owners will be assessed at a rate of $14 per lineal foot which will not cover the cost of the project. Wendy Witt Johnson, 212 S. 6th Street, stated that the assessment policy is unfair. Matt Hammerschmidt, 816 W. Oak, questioned the amount of his assessment. Jim Sievert, 618 Myrtle Street, questioned assessing some Myrtle Street residents who do not own cars. Mayor Hooley closed the Public Hearing. ~~ Motion by Councilmember Bodlovick, seconded by Councilmembem to adopt the appropriate resolution adopting the assessment for L.I. 284, Myrtle Street Drainage, as amended, using 50 percent MSA funds. (Resolution No. 94-237) . Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor Hooley Nays - None 3. This is the day and time for the assessment hearing for L.I. 274, Sidewalk Improvements. Notice of the hearing was placed in the Stillwater Gazette on September 13, 1994, and notices mailed to affected property owners. Consulting Engineer Moore explained the project and proposed assessments. Mayor Hooley opened the meeting to the public. Bill Pappas, 720 N. 5th St., stated that he is not opposed to the cost of the project, but to the workmanship. Willie Schultz, who owns rental property at 607 S. 4th St., stated that he was not notified of the proposed assessment. Councilmember Kimble requested that the sidewalk at 412 W. Elm be checked for square footage. Mayor Hooley closed the public hearing. 4 . . . . Stillwater City Council Minutes Special Meeting September 27, 1994 Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution adopting the assessment for L.I. 274, Sidewalk Improvements, separating out the property at 720 North 5th Street for later consideration. (Resolution No. 94-236) Ayes - Councilmembers Bodlovick, Cummings, Kimble, and Mayor Hooley Nays - None OTHER BUSINESS 1. Approval: Deferral of Special Assessments - Gail Stiles. Motion by Councilmember Kimble, seconded by Councilmember Cummings to approve the request for deferral of special assessments by submitted by Gail Stiles. All in favor. 2. First Reading of an Ordinance Requiring Permit Fees for Movie Productions. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a first reading of an ordinance requiring a permit fee for movie productions in the City and fees for associated requirements. All in favor. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Cummings to adjourn the meeting at 9:25 p.m. All in favor. MAYOR ATTEST: CITY CLERK 5 . . . '- Stillwater City Council Minutes Special Meeting September 27, 1994 Resolutions: No. 94-236 - Adopting assessment for L.I. 274, Sidewalk Improvements, separating out Will aim Pappas property. No. 94-237 - Adopting assessment for L.I. 284, Myrtle Street Drainage, as amended using 50% MSA funds. No. 94-238 - Adopting assessment for L.I. 302, Highlands Fifth Addition. No. 94-267 - Establish sanitary sewer utility fund and transfer from general fund. 6 . . . REGULAR MEETING STILL WATER CITY COUNCIL MINUTES October 4, 1994 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 Comm. Development Director Russell Finance Director Deblon Fire Chief Ness Police Captain Bell Consulting Engineer Moore City Clerk Weldon Press: Julie Kink, The Courier Others: Jeff Cutler JEFF CUTLER - STILL WATER FIREFIGHTERS RELIEF ASSOCIATION Jeff Cutler, Stillwater Firefighters Relief Association, presented a report of the financial condition of the Stillwater Firefighters Relief Association. STAFF REPORTS 1. Fire Chief - Motion by Councilmember Cummings, seconded by Councilmember Kimble to direct Fire Chief Ness to contact NSP regarding hanging banners downtown. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to discontinue hanging of banners by City staff effective January 1, 1995. Ayes - 3; Nays - 1, Councilmember Cummings; Absent - Councilmember Kimble. Chief Ness reported that the Water Board will take over two-thirds of the inspection and flushing of the fire hydrants in town. Mayor Hooley reported that he and Chief Ness will meet with the Water Board at 7 a.m: on October 13 to discuss this item. (Councilmember Kimble arrived.) Stillwater City Council Minutes Regular Meeting October 4, 1994 . 2. Police Chief - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution employing John Serier as a part-time police officer. (Resolution No. 94- 245) Ayes - Councilmembers Bodlovick, Cwnmings, Kimble, Zoller, and Mayor Hooley Nays - None 3. City Coordinator - Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to deny the request by SAEDC for funding of the cablecasting of candidates' night. All in favor. Motion by Councilmember Cwnmings, seconded by Councilmember Bodlovick to direct City staff to prepare a feasibility study for 1994 Sidewalk Project, to be done in-house. All in favor. City Coordinator Kriesel informed Council of a ground-breaking ceremony at the Susan Doerr house on October 10 at 1 :00 p.m. . Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution setting the City contribution for City Council hospital/medical at the same rate as for employees. (Resolution No. 94-246) Ayes - Councilmembers Bodlovick, Cwnmings, Kimble, Zoller and Mayor Hooley Nays - None Mayor Hooley read a draft letter to County Commissioner Mary Hauser supporting the comprehensive plan "Scenario 2". Council tabled this until the 7:00 p.m. meeting. Motion by Councilmember Kimble, seconded by Councilmember Zoller to send a letter to Washington County indicating that the Stillwater City Council cannot attend the Washington County cost sharing meeting on October 11, but will send staff and may request a presentation by the County at a future Council meeting. All in favor. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the City's participation in D-Day declaring a smoke-free day in Stillwater on November 17, 1994. All in favor. 2 .i . . . Stillwater City Council Minutes Regular Meeting October 4, 1994 CONTINUATION OF 1995 BUDGET WORKSHOP Council met with Finance Director Deblon to continue discussion of the 1995 budget. Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to adopt the budget changes as recommended by the Finance Director, not including planning auto allowance and . recycling charges. All in favor. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to deny car allowances for City staff. All in favor. RECESS Motion by Councilmember Kimble, seconded by Councilmember Cummings to recess the meeting at 6:15 p.m. MAYOR ATTEST: CITY CLERK Resolutions: No. 94-245 - Employing John Serier as part-time police officer No. 94-246 - Set City contribution for Council hosp.~ed. at same rate as employees No. 94-247 - Preparation of feasibility study for 19~ Sidewalk Project, in-house 3 . . . RECESSED MEETING STILLWATER CITY COUNCIL. MINUTES October 4, 1994 7:00 p.m. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Kimble, Zoller and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Finance Director Deblon Consulting Engineer Moore Police Captain Bell Planning Commission Chairman Fontaine City Clerk Weldon Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Sherman Gordon, Lucille Gordon, Randy Adamsick, Kelly Proatt, Robert Graff, Marcia Kilbourne, Dorothy Stormont, David Harvieux, Chuck Kenning, John Brennan, Peg Leutele, Richard McGee, Shirley Coleman, Don Nolde, Steve Pater, Jim Aysta, Joe Nolde, Sam Terusho, Jim Blichfeldt PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Sherman Gordon - Proclamation Mayor Hooley read a Proclamation proclaiming October 7, 1994 as Sherman Gordon Day in the City of Stillwater. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to approve the minutes of the Regular and Recessed Meetings of September 6, 1994, the Special Meeting of September 8, 1994, and the Regular Meeting of September 20, 1994. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (CONTINUED) 1. Randy Adamsick - Minnesota Film Board Randy Adamsick, Minnesota Film Board, explained that the Film Board promotes filming Stillwater City Council Minutes Ftecessed MeetUng October 4, 1994 . of movies in the State of Minnesota. Kelly Pratt, Minnesota Film Board, offered to train a City staff member Un proactive film efforts. 2. Ftobert Graf. Location Manager - Original Productions. Inc. Ftobert Graf explained the plans for Original Productions to film a movie in Stillwater on October 19 and 20, 1994. Council discussed a possible requirement for permits for motion picture productions. Motion by Councilmember CummUngs, seconded by Councilmember Zoller to table action on an ordinance requiring permits for motion picture productions until the next regular meeting. All in favor. 3. Marcia Kilbourne - Fteassessment of Lot 1. Block 1. Deerpath Addition. Community Development Director Ftussell informed Council that a variance request on this property will be heard by the Planning Commission on October 10, 1994. . Motion by Councilmember Bodlovick, seconded by Councilmember Zoller to continue for two weeks the request for reassessment of Lot 1, Block 1, Deerpath Addition. All in favor. ASSESSMENT HEARINGS 1. This is the day and time for the assessment hearing for L.I. 303, North Broadway Sewer Extension. Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. Consulting Engineer Moore explained the proposed assessments. City Attorney Magnuson explained the legal issues. Dorothy Stormont, 1023 North Broadway, stated that she was misinformed when she purchased the property. Motion by Councilmember Kimble, seconded by Councilmember Cummings to continue the assessment hearing for L.I. 303, North Broadway Sewer Extension, to October 18, 1994. All in favor. 2 . .. . . .' Stillwater City Council Minutes Recessed Meeting October 4, 1994 Motion by Councilmember Kimble, seconded by Councilmember Zoller to direct staff to obtain appraisals or facts necessary to support the City's position. All in favor. 2. This is the day and time for the assessment hearing for L.I. 304, Myrtlewood. Notice of the hearing was placed in the Stillwater Gazette on September 20, 1994, and notices mailed to affected property owners. City Attorney Magnuson reported that there is only one benefitting property owner, and this item can be treated as a pending assessment between now and when the project is completed. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to continue the assessment hearing for L.I. 304, Myrtlewood. All in favor. PUBLIC HEARINGS 1. Case No. SUB/94-50. This is the day and time for the public hearing to consider a minor resubdivision of four city lots into two lots of 12,610 sq. ft. and 21,024 sq. ft. with an existing home. The properties are located on the southeast corner of West Anderson Street and South Harriet Street in the RB, Two-Family Residential District. David Harvieux, applicant. Notice of the hearing was placed in the Stillwater Gazette on September 23, 1994, and notices mailed to affected property owners. Community Development Director Russell explained the request. Planning Commission Chairman Fontaine reported that the Planning Commission unanimously recommended approval of this request. David Harvieux, representing the applicants, explained the request. Motion by Councilmember Kimble, seconded by Councilmember Cummings to adopt the appropriate resolution approving a minor resubdivision on the southeast corner of West Anderson Street and South Harriet Street, Case No. SUB/94-50. (Resolution No. 94-248) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Case No. SUB/94-52. This is the day and time for the public hearing to consider the subdivision of a 3 ft. portion of Lot 5, Blk. 1 to Lot 4, Blk. 1, Green Twig Way in the RA, Single-Family Residential District. Tim Nolde, applicant. 3 Stillwater City Council Minutes Recessed Meeting October 4, 1994 '. . Notice of the hearing was placed in the Stillwater Gazette on September 23, 1994, and notices mailed to affected property owners. Mr. Russell explained the request. Mr. Fontaine reported that the Planning Commission unanimously recommended approval of the request. Motion by Councilmember Bodlovick, seconded by Councilmember Cummings to adopt the appropriate resolution approving the subdivision of a 3 ft. portion of Lot 5, Blk. 1 to Lot 4, Blk. 1, Green Twig Way, Case No. SUB/94-52. (Resolution No. 94-249) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 3. Case No. SUB/94-46. This is the day and time for the public hearing to consider a minor subdivision of a 72,871 sq. ft. lot (1.67) acres) into two lots of 37,288 sq. ft. (.85 acres) and 35,583 sq. ft. (.81 acres). The property is located at 2289 Croixwood in the CA, General Commercial District. Investors Savings Bank, F.S.B., John H. Brennan, applicant. Notice of the hearing was placed in the Stillwater Gazette on September 23, 1994, and notices mailed to affected property owners. . Mr. Russell explained the request. John Brennan, applicant, stated that access to the lot will be through the Kindercare lot. Chuck Kenning, 2337 Hidden Valley Lane, asked how the lot will be developed. Mr. Brennan responded that there are no plans to develop the lot at this time, only to subdivide and sell the property. Peg Leutele, 2317 Hidden Valley Lane, asked about the buffer zone requirements. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the minor subdivision at 2289 Croixwood Blvd., as conditioned, with covenants to apply only to the newly created lot, Case No. SUB/94-46. (Resolution No. 94- 250) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 4. Case No. PUD/94-44. This is the day and time for the public hearing to consider a planned unit development for the construction of a 65-unit apartment complex. The property is located at Tuenge Drive and 61st Street in the RB, Two Family Residential 4 .1 . . I. " Stillwater City Council Minutes Recessed Meeting October 4, 1994 District. Paul Schaefer, applicant. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1994, and notices mailed to affected property owners. Mr. Russell explained that this item was continued from a previous meeting for additional information. Paul Schaefer, applicant, explained that he has an alternate plan which . reduces the number of units to 47. Richard McGee, 1953 Eastridge Court, stated that he has additional signatures on the petition against the proposal. He stated that it would cost the school district $175,000 per year to educate the additional students from the development, while only $18,557 would be collected in taxes. Shirley Coleman, 1903 Eastridge Court, asked about increased traffic. Mr. Russell read a report from the City's consulting traffic engineer. Don Nolde, 1603 Morningside Road, stated that the property owners bought their homes with the understanding that the area was zoned for duplexes, not apartments, and the property should not be rezoned. Steve Pater, 707 Harriet Drive, stated his concern with increased foot traffic by junior high students through residential areas. Jim Aysta, 709 Harriet Drive, stated that there will be more foot traffic across Highway 36. Joe Nolde, 815 Everett Drive, a Brick Pond Association member, addressed concerns regarding the sewer system and water runoff. Sam Terusho, realtor for the Augustine brothers, stated that Mr. Augustine has paid the taxes on this property, wants to sell this property and has a buyer. Jim Blichfeldt, developer of the Forest Ridge Addition, stated that the property was not zoned multi-family when he began his development. Most of the residents of Forest Ridge are senior citizens and do not want children and noise in their neighborhood. City Attorney Magnuson suggested that Council take a straw vote and request staff to return with findings of fact to support the Council's decision. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to have a straw vote 5 Stillwater City Council Minutes Recessed Meeting October 4, 1994 . denying the PUD request and directing staff to prepare a findings of fact supporting denial, Case No. PUD/94-44. Ayes - 4; Nays - 1, Councilmember Cummings. UNFINISHED BUSINESS 1. Downtown Hotel Development. City Attorney Magnuson reported on the bank financing for the downtown hotel project, and recommended that Council extend the purchase agreement for 90 days. Council discussed whether it could be required of the developer to pay the carrying costs of the building during the extension. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct the City Attorney to negotiate an extension agreement with St. Croix Preservation Company including provisions addressing carrying costs and bring back to Council at the next regular meeting. All in favor. 2. Possible second reading of ordinance setting fees for movie productions in City. Motion by Councilmember Kimble, seconded by Councilmember Cummings to table a second reading of an ordinance establishing permit and fees for movie productions until the next meeting. All in favor. . NEW BUSINESS 1. Resolutions: Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment. Motion by Councilmember Cummings, seconded by Councilmember Kimble to' adopt the appropriate resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following: L.I. 285, Southeast Area Sewer (Resolution No. 94-251); L.I. 296, Northland Avenue (Resolution No. 94-252); L.I. 297, William Street, L.I. 298, Sherburne Street, L.I. 299, South 6th Street, L.I. 300, Mulberry Street (Resolution No. 94-253); L.I. 301, Marketplace (Resolution No. 94-254); L.I. 306, Highlands, Sixth Addition (Resolution No. 94- 254) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Possible first reading of ordinance to establish rates for storm sewer utility. Motion by Councilmember Cummings, seconded by Councilmember Kimble to table the first 6 . . . . Stillwater City Council Minutes Recessed Meeting October 4, 1994 reading of an ordinance establishing rates for storm sewer utility to October 18 at 4:30 p.m. All in favor. 3. Possible first reading: of ordinance to change the solid waste fee for recycling charges. Motion by Councilmember Cummings, seconded by Councilmember Kimble to table the first . reading of an ordinance to change the solid waste fee for recycling charges to October 18 at 4:30 p.m. All in favor. 4. Possible first reading of ordinance to amend the rural service district. Motion by Councilmember Cummings, seconded by Councilmember Kimble to table the first reading of an ordinance to amend the rural service district to October 18 at 4:30 p.m. All in favor. STAFF REPORTS 1. Community Development Director Community Development Director Russell discussed a letter to Washington County supporting the County's comprehensive plan "scenario 2". Mr. Russell recommended that the item be referred to the Planning Commission for their recommendation. Council concurred. CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the consent agenda for October 4, 1994, including the following: 1. Resolution Directing Payment of Bills (Resolution No. 94-244) Ayes - Councilmembers Bodlovick, Cummings, Kimble, Zoller, and Mayor Hooley Nays - None 2. Approval: Deferral of Special Assessments, Florence Eichten, L.I. 284. 3. Approval: Deferral of Special Assessments, Austin & Jane McGough, L.I. 285. 4. Approval: Payment No.1, Tower Asphalt, 1994 Street Improvements, L.I. 296,297,298,299, 300. 5. Approval: Payment No.1, Yolk Sewer and Water, L.I. 306, Highlands Sixth Addition. 6. Approval: Contractor's Licenses 7. Resolution: Appointing Election Judges and Setting Compensation for General Election. (Resolution No. 94-256) 8. Approval: Submit claim of David Smith to insurance carrier. 7 Stillwater City Council Minutes Recessed Meeting October 4, 1994 COUNCIL REOUEST ITEMS Councilmember Cummings requested that the Consulting Engineer address a visibility problem on the comer of Amundson Drive and McKusick Road because of a new retaining wall. Mr. Moore responded that he is awaiting an answer from the County. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adjourn the meeting at 10:33 p.m. All in favor. MAYOR ATTEST: CITY CLERK Resolutions: No. 94-244 - Payment of Bills No. 94-245 - Employing John Serier as pit police officer No. 94-246 - Set City contribution for Council hospital/medical No. 94-247 - Preparation of feasibility study for 1994 sidewalk project, to be done in-house No. 94-248 - Approve minor subdivision, Case No. SUB/94-50 No. 94-249 - Approve subdivision, Case No. SUB/94-52 No. 94-250 - Approve minor subdivision, 2289 Croixwood, Case No. SUB/94-46 No. 94-251 - L.I. 285, SE area sewer, cost to be assessed and preparation of proposed assessment No. 94-252 - L.I. 296, Northland, Ave., declaring cost to be assessed and ordering preparation of proposed assessment No. 94-253 - L.I. 297, William S1., L.I. 298, Sherburne S1., L.I. 299, S. 6th S1., L.I. 300, Mulberry S1., cost to be assessed and preparation of proposed assessment No. 94-254 - L.I. 301, Marketplace, declaring cost to be assessed and preparation of proposed assessment No. 94-255 - L.I. 306, Highlands Sixth Addn., declaring cost to be assessed and preparation of proposed assessment No. 94-256 - Appointing Election Judges and setting compensation for general election 8 . . . City o~ g HQQwoten, uU l~~egoto CP nocQovnoHOVl WHEREAS, The National Business and Professional Women's Club (BPWIUSA) supports legislation, education and funding to secure pay - equity and equal educational opportunity for all women; and WHEREAS, BPW provides opportunities for women through the establishment of scholarships, fellowships, research and educational foundations; and WHEREAS, BPW strongly encourages political awareness as a pre- requisite for working women who wish to become effective leaders and knowledgeable citizens; and WHEREAS, Nationally, BPW reflects the interests of more than 165,000 women and men of every age, religion, race and political persuasion; and WHEREAS, The Stillwater area BPW Club has more than 100 members, many of whom reside or operate businesses in Stillwater; NOW, THEREFORE BE IT RESOLVED: I, Charles M. Hooley, Mayor of the City of Stillwater, do hereby proclaim the week of October 17th through the 23rd, 1994 to be NATIONAL BUSINESS WOMEN'S WEEK in the City of Stillwater. . {.- / ~, ~ . '---~ ,'" ,__ .A/'<J /-~~- ~/%/,' z5(~~"- ~ayo~ ~ City ob g HQQwateh, uUi~~egota cp hocQaMaHo~ WHEREAS, JACK HOOLEY IS A THIRD GENERATION GROCER WHO BEGAN HIS CAREER IN THE GROCERY BUSINESS IN 1937, AND WHEREAS, JACK HOOLEY HAS BEEN A PROMINENT AND DISTINGUISHED BUSINESSMAN AND RESIDENT OF STILLWATER FOR MANY YEARS, AND WHEREAS, JACK HOOLEY HELPED PIONEER TODA Y'S GROCERY SUPERSTORES AND WAS THE CO-FOUNDER OF THE CUB FOODS STORES WHICH NOW RANKS 15TH IN THE FOOD DISTRIBUTION BUSINESS IN THE UNITED STATES, AND WHEREAS, JACK HOOLEY WAS NAMED GROCER OF THE YEAR IN 1985 BY THE MINNESOTA GROCER'S ASSOCIATION, AND WHEREAS, JACK HOOLEY WAS RECENTL Y INDUCTED INTO THE MINNESOTA GROCER'S ASSOCIATION HALL OF FAME, AND WHEREAS, JACK HOOLEY AS CEO OF CUB FOODS HAS AL WAYS SUPPORTED THE CHARITIES IN OUR COMMUNITIES, AND WHEREAS, JACK HOOLEY AS CEO OF CUB FOODS CONTINUALLY STRIVES TO HIRE LOCAL PEOPLE AND TO PROMOTE OUR LOCAL PEOPLE TO HIGHER RANKS WITHIN THE CORPORATION, AND WHEREAS, JACK HOOLEY HAS ALWAYS INSISTED THAT CUB FOOD'S HOME BASE BE LOCATED HERE IN STILLWATER, NOW, THEREFORE, DO WE, THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HEREBY PROCLAIM FRIDAY, OCTOBER 21ST AS JACK HOOLEY DAY IN THE CITY OF STILLWATER. . . COUNCILMEMBER BODLOVICK COUNCILMEMBER KIMBLE vUayol! COUNCILMEMBER CUMMINGS ..~~/ ' ~ t>;,~~;:~t~'~('}}; ~.. i COUNCILMEMBER ZOLLER . . . Memorandum To: Nile Kriese\\, : ~ Ann Terwedo ~V October 18,1994 From: Date: Subject: Grading and new fence at 1213 S. Fifth This past summer the property owners at 1213 s.Fifth graded their rear yard in order to make it more level. The grading done was reviewed by Alan Zepper, steve Russell and myself at the site. No grading permit was issued because less than 50 cubic yards of material was moved. A wood privacy fence was also constructed around the rear and side yard of the property. The fence is six feet in height at ground grade and is one foot off the property line. The fence steps with the slope of the land. No other City Ordinances regulated the work done at the site. J ~ IJtd- tkv~1' ~ ~ ~ ~ /tf? -/4'- r , 12 '3 5. FIF'l-1 5"\, STr LLW I1\L V-- i\\rJ , \ ", \ \ , \ \ \ t', \ . \ \ \, U 1 . : ,I ~ i '~ " \ Y ! I \ I : I I \ 'i : J \ " . 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Mon. ::%6 r~G: OJ~~ ~~.;?V~~.~ ~r~~hv~ ~ -4~ h~. ~~ ~ ~ d;; ~~~--t ~~~~~/-' ~ hi; ~ ~ ~ ~~~~~~~. 1Ii~ h1/ ~ ~~P"'. ~ , .,ltt. lt1 ~ ~ ~ ~ Iu.- ~ ~ ~~~- ~ &ud ~ ~ -4t a.- ~''''3'-' ~ ~ ~ ~ If ~ ~ /h-.4.~~/c..J. 1f..us. ~9 ;o-l....L 7 ~ .u..L r.. .J'7 ~ ~.'- d ~ t4~. fri I %p . ~./;;~& ~k; ~ - ~~~ /hJw ~ ~ ~ a1- ~) .,~. ~ ~ ud;; ~ L,-,i.. d ~~ ~ /:btJ ~ ~. ~~~~. ~au;~~~-~~ ~ ~~~~~~~J~ J~. I .' -... I *' . . r #~~~ ~ ItJ-3-9f/ 110'11.. zu~~~- ~..obd:v -:{Ji~ 4I'~ ~~, %~~.;k&",~~ ~~~ ()1 IL~ ~~ ~~~ ~~ . ~ ~~rl?-r~.j~ @ d,~?,a~ru~~~ r ~4-r.l.~~ (f) a-~~9'4~~ , . ! '/C'/ ..,uu. '//1 , ! i J , i ! i ~~;~ ~ a:z-t3 So'?,' !-c-SI. Wi"f-I-//~~ I~/ fYJhJ,: /1 ~ . tl.-~7 ~~r~~~ ~ V() .M. I ~-_ hI..~~ ..... ~ ~..If '. I "t. ~..-rr~-~-- ~~. ,/I-J~~ I JJv ~ edr-' .. ~ PLANNING ADMINISTRATIVE FORM I . Case No. Date: /6- '5-cr 'f Fee Paid: * ~6".OO COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILL WATER, MN 55082 ACTION REQUESTED _Appeal _ Certificate of Compliance Conditional or Special Use Permit _ Design Review Permit _ Planned Unit Development Variance _ Comprehensive Plan Amendment Zoning Amendment -1- Other f I5I'JG E _ Engineering Review Fee Total Fee FEE ADDITIONAL ENGINEERING COSTS MAYBE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS , 'I No Special Environmental Assessment Required The applicant shaH be responsible for the completeness and accuracy of all forms and supporting material submitted in connection _ any application. 'ess of PrQject / LI :r - II Zoning District - \ '" ~ ~'vC{ U "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further c~rtify I will comply ~ith the permit if it is granted and used." Property Owner B? \111 ~q. ~ F.r-A- CJJ1~Of-rI}j Representative Mailing Address I' k~ ~ ~;~ 6G" Mailing Address T~O~:~~~"-~7"-1 Telephone No Signatu~_ j~n", "- ~ Signature Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) ~. x F sq. ft. Total land Area , ~'~ .', Hight of Buildings: S' Em Principal Accessory _ sq. ft. sq. ft. sq. ft. sq. ft. Total Floor Area Proposed floor area Building Coverage Paved Impervious Area Number of off street parking spaces . of Public Hearing is l; , .. . r-l APPLICATION SUBMITTAL REQUIREMENTS For each box checked below a handout describing the application submittal requirements for that planning permit is attached. Make sure complete information is provided with the application. I. I I Appeals 2. n Building Moving Permit 3. n Certificate of Compliance 4. II Condit i ona 1 or Special Use Permit 5. n General Bluffland/Shoreland/Floodplain 6. n Des ign Permit 7. II Grading Permit 8. n Planned Unit Development 9. I I On-site Sewer Permit . 10. n Site Alteration Permit 1I. II Variance 12. n Vegetative Cutting Permit 13. n Zoning Amendment 14. n Comprehensive Plan Amendment 15. ~ Ot her F EN-CS m RECORD OF ACTION ON APPLICATION Decision Authority Date of Action Decision by Authority Appeals Period (Date) Appeal Filed (Date) Ap pe a 1 Scheduled (Date " " . Appeal Decision Authority ! Appeal Decision Approved l Denial, ,- c-"- -., .' . " -~..: :'...> :_:;.:::~:=(6ate-) :.- - . (Date) - . ."::::~7:::-=:--=~~-=,-~~J)eGi$ion- ;.comp 1 ete .....-,;"....--_. .-.__...~...._.__. - .--....-. . . '. Ordinance No. 792 An Ordinance Amending the Fence Ordinance THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN: Section 1. Amending. Section 31.01, Subd. 25 (m) of the Stillwater City Code entitled: Fence Regulations as follows: m. F ence Re~ulations. 1. Purpose. The purpose of this section is to provide for the regulation of fences in the City, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainage ways. 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: a. Fences shall be any lineal structure used to prevent access by persons or animals or prevent visual or sound transference. 3. Permit Required. No fence shall be erected without first obtaining a fence permit. Application shall be made to the Community Development Director along with a fence permit fee in the amount of$25. The Community Development Director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this chapter. The Council shall hear and decide appeals when it is alleged that the Community Development Director was in error. The appeals shall be taken as prescribed in Chapter 31, Administration. 4. Fences may be permitted in all yards, subject to the following: a. Fences in excess of six (6) feet above the ground grade shall be prohibited unless the abutting neighbor consents to a higher fence and permission is granted by the CounciL b. The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. c. No fence shall be permitted on public right of ways. d. No fence shall be erected on comer lot that will obstruct or impede the clear view of an inter-section by approaching traffic. e. In residential districts, fences located in the front yard beyond the building line shall not exceed 42 inches in height. f. No fence shall be erected where it will impede a drainage way or drainage easement. g. No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod." 5. Fences may be permitted along property lines subject to the following: a. Fences that require continuing maintenance such as wooden privacy fences shall not be erected within one foot of a property line. b. Fences in commercial or industrial districts may be erected on the lot line to the height of six feet; to a height of eight feet with a security arm for barbed wire. 6. No existing fence in violation of this section will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this section. 7. No fence shall be erected where it will impede a drainage way or drainage easement. 8. Violations of this ordinance may be enforced by injunction and the City shall be entitled to the remedy of abatement in order that a fence erected in violation of this section may be removed. Section II. Saving. In all other ways the City Code shall remain in full force and effect. Section III. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Enacted by the City Council this 19th day of July, 1994. (}&~Z!~~ Attest: ~ uJ~ CIty Clerk Published: Stillwater Gazette July 29, 1994 . . .i ~ . In all cases of violation~ of this ordinance which are unabated thfrty (30) days after written notice to record owner of the property on which the sign is located, the City may proceed to abate and remove the violation and, if deemed necessary, to have cost thereof specially assessed against the lot or parcel where the violation was located. Subd. 28. GRADING PERMITS. 1. No person shall undertake, authorize or permit any of the following actions without first having obtained a grading permit from the City: .. a. Any excavating, grading, filling or other change in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated Wetlands, Floodplain or Shoreland District; b. Any excavating, grading or filling other changed in the earth I s topography in any designated \~etlands, Floodplain or Sho~eland District; or c. Any mining operation for gravel or other materials. d. Any changing of a natural drainage way or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property. . ,.' / .-,- 2. Notwithstanding the above, no grading permit shall be required for the following activities, except as required by Minnesota state Building Code: -f \ (;: ",\.JU.-'--~ ~ rctD~€-c~ ~ a. ~ ~U~L~ Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval, or b. Earthwork which will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated Wetlands, F'loodplain or Shoreland District and does not affect local drainage patterns. 3. No grading permit shall be issued for site grading without approved plans for site development and adequate provision for site protection from wind or water erosion. 4. No person shall undertake, authorize or permit any excavating, grading, filling or other change in the earth I s topography which violates or is not in compliance with a grading permit issued by the City, including the approved plans and all terms and conditions of the permit. . 5. All grading permits which would result in the moving or more STILLWATER CI'l'Y CODE PAGE 170 . . . ~~ ,') c.-c.. /0// y/ ~ MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer I<-e / .. SUBn~CT: Response to Pappas C9mplaints Regarding Construction of the Sidewalk Project and Protest of Assessment DATE: Octoher t 2, 1994 At L~e September 27th hearing on the sidewalk project, Mr. Pappas submitted a letter with a number of concerns about the construction of the sidewalk project along his property. There were a number of issues raised regarding the quality of construction of the project and the need for corrections on some oftlle work. Also, Mr. Pappas indicated that he was under the impression that the City would be replacing the entire sidewalk along his property. Regarding the quality of construction, I have revie\ved the sidewalk a third time and reviewed the complaints listed by Mr. Pappas and otTer the following response: On Monday, October 10th, I reviewed the sidewalk along the Pappas property. I noted two areas where the 's<Xiding done by the contractor needs to be repaired. 1bese t\\'o items are on the punch list. I examined the area of sidewalk around the catch basin in the street and found that in the future the City may '\1sh to do some catch basin repair work. However. this work was not part of the sidewalk project and therefore, was not done a<; part of this contract. I noted that a portion of the sidewalk that ML Pappas had complained about on an earlier occasion has been removed and reinstalled as he requested. I tound the overall quality of the work to be acceptable and comparable to sidewalk in the rest of the project. Mr. Pappas is also upset that the City did not repair the entire sidewalk along his property. I believe that this is his pnm.'uy ohjection to the project. Approximately 70 linear teet of sidewalk along FiliI Su'cct was not replaced along his property. Also, the entire section of sidewalk along his property on Hickory Street was not repaired or replaced. 'Ibe sidewalk was initially marked for replacement, the entire section \vas marked along Fifth Street. However, since the 70 linear feet was considered sale. il was deleted from the project. .[be intent of the project was not to complete a wholesale reconstruction of the sidewalks in the City, but to make dangerous sidewalks safe for pedestrians, and fu...."fcforc, tllls section was fL"ITlOVed !i'om the project. This situation was very common throughout the n01th section of the project. Probably about 50 residences had a similar situation. Othcr residents wcre told 111at the'cost of replacing additional sidewalk wnuld he charged at a rate of 100% (i.e., the City would not participate). It is unfortunate that Mr. Pappas received conflicting information regarding the projcct as he has indicated. However, he has still received a fair product at a good price, and he is being treatcd just as all other rcsidents within the scope of the project have been treated. It is my opinion that Mi.-. Pappas still has the ability to construct additional sidewalk improvements on his own. Alternatively, if we do another sidewalk project ne>..'! year, Mr. Pappas could petition the City tor additional sidewalk improvemcnts and at that time be treated jlL'~t as all other residents are treated in that project. . 'lherefore, I recommend that Council adopt the assessment roll for the Pappas property as presented in the original assessment roll. In addition, Mr. Pappas should be given the opportunity in the sidewalk project next year. ~~. . . . . . . ^nlUaUI0 l~l1tel'IJl'is es ;1: I~(~"". Q~- \otlS-{qC P.O. Box 146 . Stillwater, MN . 55082 612.430.1234 STILLWATER PARKS DIRECTOR TIM THOMPSON STILLWATER, MN 55082 OCTOBER 12,1994 TIM, 4 . AFTER WATCHING THE RINK THIS YEAR WE NOTICED THE WATER DRIPPING FROM THE CEILING, WHEN IT HAD NOT RAINED FOR A WEEK. AFTER FURTHER INVESTIGATION WE CALLED BENCH MECHANICAL, AND DISCOVERED THAT THE CONTROL BOX ON THE DEHUMIDIFIER, WAS ALL MESSED UP. HE COMPLETELY REBUILT THE UNIT, AND SO FAR WE HAVE CLEANED UP THE DRIPPING. IT TOOK ALMOST A WEEK TO DRY OUT THE AIR. WE FEEL THAT WAS AT LEAST 2/3 OF THE PROBLEM. THE CHEAPEST BID WE RECIEVED TO FIX THE ROOF WAS $96,000.00. THANKS, DICK P.S. WE ALSO PUT IN 620 LBS. OF FREEON, AT THE COST OF ABOUT $6,000.00. NONE HAD BEEN ADDED IN 4 YEARS. WE ALSO HAD IT CHECKED FOR LEAKS, BUT ONLY FOUND A COUPLE OF SLIGHT ONES. . . i. AGREEMENT This Agreement is made this 18th day of October, 1994 between the City of Stillwater, Washington County, Minnesota, a municipal corporation, and Home Rule City of the third class under the Laws of Minnesota ("City") and Orwin L. Carter and Anita M. Carter, husband and wife, individuals who reside at 1029 3rd Avenue South in the City of Stillwater, Washington County, Minnesota ("Carters"). I' 1. Introduction. The City has undertaken Local Improvement No. 285 known as the Southeast Area Sewer Project that has involved at least in part the building of a sanitary sewer system that will provide service to the home of the Carters located at 1029 3rd Avenue South in the City and known as Parcel No. 9850-2600 and, in addition, has installed a rebuilt street, together with curb, gutter, storm sewer facilities and municipal water service that also serve the property. On October 11, 1994 the City held an assessment hearing with regard to Local Improvement No. 285 and proposed to assess the Carter property in the following amounts: Street Curb and Gutter Sewer Main Sanitary Sewer Service Water Service Lf 7)~' b-C $~O 947.50 2,847.99 1,544.81 1,190.61 $11,249.72 TOTAL ASSESSMENT At the assessment hearing Carters filed an objection to the assessment. n. The Objection. Carters' objection alleged a mistake in the Roll that charged them for 198 feet of frontage at $23.83 per front foot for street and $4.7854 for front foot for curb and gutter when the City policy limited the number of feet of frontage to 150 feet and, furthermore, that because the City neglected to extend the sanitary sewer close enough to the Carter home it will necessitate extraordinary costs to connect to the system, including the installation of sheeting and other expensive methods of protecting a deep excavation and, if the City had installed the sewer in a proper manner, the costs associated with a hook-up would have been customary and usual and not requiring extraordinary expense. III. The Settlement-Part 1. The City has agreed to reduce the number of front footage that Carters will bear on the . . . . MEMORANDUM TO: Mayor, City Council, Nile Kriesel, City Coordinator ... FROM: David T. Magnuson, Stillwater City Attorney DATE: October 13, 1994 RE: Pine Tree Trail Retaining Wall At the request of the Council, I visited the site of a retaining wall in the back yards of 708 and 711 Pine Tree Trail. The front yard is on grade with the street, but the back yards of these two properties slope sharply to the east, and a concrete wall, together with bullnose buttresses, has been constructed that has allowed the homeowners to fill their back yards to provide a more sightly, pleasing and livable space. Both properties are very well maintained, however, the retaining wall has tipped to the east and has several cracks. The top of the wall also sticks out of the ground and it is apparent that surface water has pooled behind the wall which creates more hydrostatic force and no doubt has contributed to the deterioration of the wall. It also appears that buried beneath the ground between these two properties approximately on the property line is a very deep municipal stormwater system that pipes water from the pond behind Jack Nelson's house underneath Pine Tree Trail and eventually down to Lily Lake. The wall appears to be constructed over the top of this easement, but it obviously does not interfere with the City's easement, nor does it appear that the City's stormwater pipes interfere with the retaining wall. Down hill from the retaining wall are homes owned by LaVonne Simon and Windy Lindell, and according to Lindell, the homes were built on Pine Tree Trail quite some time before the walls were constructed. Also according to Lindell, certain percolating water comes out of the hillside between Pine Tree Trail and Lake Drive and, in fact, the Simon home at 712 Lake Drive apparently has been built without a basement because of this condition. The homeowners on Pine Tree Trail maintain that it is the City's responsibility to repair the retaining wall since it is failing because of percolating water that soaks from Jack Nelson's pond underneath Pine Tree Trail and eventually down the hill to Lake Drive. Klayton's opinion, however, is that the water does not percolate out of the hill until near the elevation of Lake Drive, and the base of the questionable wall is 10 to 15 feet uphill from that condition. Klayton does not think that the water soaking out of the hill near Lake Drive is affecting the retaining wall. In Clayton's view, the retaining wall is failing because it was not designed adequately to control the amount of slope it is holding back, and further, it is catching surface water that is pooling behind the wall, incr~asing hydrostatic pressure and hastening its failure. . It does not appear, therefore, that the City would have the legal responsibility to repair or maintain the wall; that it is rather, the obligation of the owners of the land who benefit from the increased yard space that the wall provides. ' DTM/wss . -2- . . . . . MEMORANDUM TO: Mayor and City Council City Coordinator FROM: RE: New Secretary/Dispatcher Position DATE: October 14, 1994 At the meeting of July 19th, the Council authorized the temporary employment of a Secretary/Dispatcher position (67 working days). At the meeting, Chief Beberg and I also informed the Council of the need to hire a full-time Sec-.retary/Dispatchel' and that we would provide you with a job description and some other details related to the position. The Secretary/Dispatcher I position would be an entry level position and would receive work direction from the Secretary/Dispatcher II employee. This is similar to the Senior Account Clerk and Junior Account Clerk employee relationship. Past experience has shown that a higher level classification is important in order to provide work direction to someone in a very similar position and yet not be considered a supervisory position. I have discussed the proposed classification with Matt Nelson, Business Agent for the AFSCME bargaining unit. Matt's initial position was that the Secretary I position's duties and responsibilities warrant the salary presently established for the Secretary/Dispatcher position and that the Secretary/Dispatcher II position be compensated by at least 5% over the Secretary/Dispatcher position. I suggested that the Secretary I Dispatcher II position receive the same salary as the Senior Account Clerk position (or $40 - $50 more per month than the present Secretary / Dispatcher salary). Matt appeared to be in acceptance of this suggestion, ,and I would recommend the City establish a salary differential as I have proposed. Chief Beberg and I would like to receive authority to advertise for the position with the intention to hire someone full-time on or about January 1, 1995. Don and I can discuss this further with the Council at Tuesday's meeting. L. /fIP .. . . .:sR... Memorandum To: Mayor and Council Prom: City Coordinator Date: October 14, 1994 Subject: Weed Roller The City has received a request from a resident having property adjacent to Lily Lake to have the City purchase 2-3 weed rollers to help control vegetation growth along the shores of Lily Lake. The cost of the rollers is about $1800 each. The resident has been using a demo unit for the past 2-3 months and believes it is very effective. The resident is requesting that the City purchase the demo unit now and include the other 1-2 weed rollers in the 1995 c/o budget. (Note: the resident is also recommending that the City establish a user fee of $35-$50 per month for use of the system to recover some of the costs.) I can discuss this further with you at the meeting Tuesday. 1;j:U . . . MEMORANDUM TO: Mayor, City Council FROM: David T. Magnuson, Stillwater City Attorney DATE: October 13, 1994 RE: Stormondt Assessment Appeal. Local Improvement No. 303 Stormondt claims that the proposed assessment against her property of $18,250 should be reduced for several reasons. First, that the City promised her that the costs of the project to her would be in the range of $6,000. The source of this representation is evidently a written estimate that was given by J. Brothers Construction Company to David Junker, Public Works Director more than a year ago. This estimate was given before engineering studies were done that eventually determined a more extensive project than what was envisioned by J. Brothers. Accordingly, the City should not be bound by any promises or estimates that were given by a contractor to the Public Works Director prior to plans and specifications being drawn for the project. Next, she argues that the assessment should be reduced since the City allowed the project to proceed without the preparation of a development contract, and that they allowed the Edstrom home to be built before they began construction of the public improvements. It is true that a development agreement should have been prepared for the project and no work done until it was fully guaranteed by benefitted property owners, and it is also true that according to the conditions of approval imposed by the City Council, no building permit should have been issued for the site until municipal services were available. I find no legal basis in these two deficiencies for providing a reduction in the Stormondt assessment. Third, Stormondt argues that the market value of the site has not increased to the extent of the assessment. A fee appraisal has been ordered from Raymond W. Kirchner and he promises to have at least his conclusions ready for the Council at the meeting scheduled for the 18th. DTM/wss 1- . e R. ~ Kirchner & Associates -~ RAYMOND W, KIRCHNER. SRPA. SRA Senior Real Property Appraiser 1923 South Greeley Street. Stillwater. MN 55082. (612) 439-3900 FAX: (612) 439-8977 October 18, 1994 Dave Magnuson City Attorney 324 South Main Street Stillwater, MN 55082 RE: Thomas J. Stormont 1023 No. Broadway Stillwater, MN 55082 Dear Mr. Magnuson, In reference to the above appraisal I have arrived at an estimated benefit amount of $8,500.00. This benefit amount is based on information from the City Building Inspector that the current septic system is operating properly. If the public utilities ,enable the owners to create an additional building site, the benefit is in excess of $50,000.00. Raymond W. Kirchner, SRA/SPRA . . I. "" . . ~ " MAGNUSON LAW FIRM LICE~SED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GALLERY 324 SOUl'll MAIN STRFET SUITE n60 P.O. BOX 438 STILLWATER, MN 55081 TELD'BONE:(612) 439-9464 'nLECOPIER:(612) 439-5641 LEGAL ASSISTANTS DAVID T. MAGNUSON MATTHEW A. STAElll-ING MEMORANDUM MELODIE ARVOLD SHELLEY SUNDBEltG TO: Mayor and Council FROM: David T. Magnuson, Stillwater City Attorney DATE: October 13, 1994 RE: Findings for Case No. PUD/94-44 Having reviewed the proceedings and seen references to commitments made to adjoining property owners, I would ask that the City Council make a part of the record the entire proceedings of Orderly Annexation File OA-117-3, which includes a great deal of testimony from the residents of Forest Hills regarding their concerns for the development of the applicant's property. While these files are voluminous and cannot be attached to this memorandum, I do submit a petition that was made part of the Municipal Board file on December 20, 1978, which contains the signatures of 82 people, practically all of the people within the Forest Hills area, and their statement made to the Municipal Board in support of the City of Stillwater's case. The petition speaks for itself and points out the concern that the applicant's property be kept from any high density, multi-family residential use. I would recommend that this petition, as well as the entire Minnesota Municipal Board file, be made part of the record by reference. With these additions to the record, I submit for the Council's consideration and review our Findings and Order denying the planned unit development and special use permit consistent with the Council's direction giv,en to me on October 4, 1994. DTM/sls r '. " . . . ~tC'\), ~'1 0 E C 2 0 1978 MtA6 : ../- rJ___"-",' -f'., '- 1 r..., .. / ' Decemrer 9, 1978 ;:innesota runiciral ?oard 165 !:etro Squa,re ::uiJ.dir.[" St. Faul, Ilinnesota 55101 Attn: i,; illia.m :Teiman, Exec uti ve Director Jear Sir: 1e, the residents of the Forest Hills area of Stillwater, have st~rHed Froposed zo;:d1:f" Cine. development plans for ~he plot of la.nd "tetHeen Ei[:[.;,a:1 2j,2 a.nd the preser:t Forest Hills area. It is our joiht opi!~ion that the Joint TOl-lerS ?1a.rminr:: Conmission proIJosal is more acceptacle and treat this area sl:oljl~ 'ce anr~exed ry tbe City of StillY/a tar for the follo;.:ing reasons: 1. 'l'he -proFosed dan of the Joint FOtlers CO:!l1"lission dol';s not alter the streets of t~e established 1:ei~htorhood. There is a strone concern that th~ tra:fic pattern in the present Fore~,t :-:illssite is ir:ac:e'l'.Ja.tely cesipned to ha"',dle a ht[!her traffic VJlui'J.'? 2. Zoning for li:-.1 tu:. cc,;rr:c::rcial "businesses, s~lch as office cuildir,f.~s, will be.. va less nera ti 'Ie bract on adjac€n":. -;;roperty than hig~-1ensity ~ultirle fanily or townhouse developments. ). An acceptacle creen celt, surrounding the ~orest Hills area, "ith appropriate ?]antincs, lanr'l.scaping, and lit;ht control is seen c,s a1: effective hrffer z,one retr:een existinr s'~r:.Gle fa:1ily resid(':lces and future str'.:.ctl..:res. l~. The City of Still '-'a tcr has sLo>-rn sou::d juc~fenent in recent zoninf~ clecisio:1S in cO:ltrast to a, num1:cr of Ca~~ Fark HeiGhts develo;:J~ents inclunin:; the eusiness area on the So~th Side of highnay 2J2. 5. The City of Stillnater is more likely to r1an the area ....Uh the input and consideration vf Forest Hills residents cecause we are voting tax payers of the City. 6. "!:joth proposals of the municipalUies appear to ce inadequately desiGned for positive develo;l!'1ent of this tract inclurlinc; road placement, utility services, and environmental impact. He urGe your consideration of the a'hove points and would a?preciate a decision in kecpine with the interests of the residents of this area. HArE' AnDRESS \" l' __' .. M 0 '^roc.{] 7.p:1 Ei!ewh'-,'!J.-. S,.L{//4/~. 'OJ.. CtteA(Jif ~. 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STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL FINDINGS AND ORDER PUD/94-44 Upon the request of Schaefer Development, 2581 County Road 74, St. Cloud, Minnesota 56301, the application came on for hearing before the City Council on October 4, 1994. The Council determined that the meeting had been properly noticed by both publication and mailing to interested property owners . and thereafter public testimony was presented to the Council, not only by the applicant, but by members of the neighborhood and other adjacent property owners. The Council made all testimony part of the record and also included in the record the Application, dated July 25, 1994; the City Staff Report, dated August 8, 1994; the applicant's Revised Project Plans; a letter concerning traffic from Short, Elliot and Hendrickson, the City's consulting engineers, dated September 28, 1994; a map showing land dedicated to the City for right-of-way, drainage and greenbelt improvements; a land use street plan for the Brick Pond area; the minutes of the Planning Commission meeting of August 8, 1994; the minutes of the September 6, 1994 meeting of the City Council; a petition of adjoining property owners; the petition of the Forest Hills property owners to the Minnesota Municipal Board dated December 9, 1978; the proceedings of the Minnesota Municipal Board in the matter of the Joint Resolution of the City of Stillwater for the Orderly Annexation of Certain Land to the City of Stillwater found in MMB Document No. OA-117-3. Having made all of this information part of the record and considering the testimony adduced at the hearing and the arguments of both the proponents and the opponents, the Council makes the following: FINDINGS OF FACT 1. That the subject site (the property) is located in the Brick Pond planning area that is located behind and to the north of the Auto Service Center and east of the Eastridge Housing Project and south of the Forest Hills area of the City of Stillwater. 2. The property consists of 7.6 net acres and is zoned RB, Duplex Residential. 3. That the Stillwater Zoning Ordinance provides that in RB 2-family districts, multi-family dwellings are permitted only by special use permit and that in view of the neighborhood and the configuration of the proposal, it is proper that the application be submitted as a planned-unit development. 4. That the proposal is submitted on the 27th of July, requested a permit for a 65-unit apartment building, however, the applicant's proposal was modified to finally request a 61-unit apartment project or, in the alternative, a 6-10t, 12-unit attached single family housing project along with a 47-unit apartment project. 5. That until the late 1970s, the property was part of Stillwater Township and was subject to an orderly annexation agreement between the Town of Stillwater, the City of Stillwater and the County of Washington. 6. That jurisdiction over the property was hotly contested between the City of Oak Park Heights and the City of Stillwater and was the subject of Municipal Board proceedings, OA-117-3, that eventually resulted in the annexation of this property to the City of Stillwater. 7. That in large part, the decision of the Minnesota Municipal Board to annex this property to the City of Stillwater was as a result of the strong feelings of the residents of the Forest Hills area of Stillwater that studied proposed zoning and development plans for a plot of land that included the applicant's parcel and submitted evidence to the Minnesota Municipal Board that they favored a plan for the area that did not alter the streets of an established adjoining neighborhood and that would not be zoned or developed as high-cl(msity, multi-family development. 8. That the City has committed and has been committed to the citizens of the Forest Hills area of the City to maintain the area in the application free of high-density, multi-family or townhouse development. 9. That after the property became annexed to the City of Stillwater, it remained vacant and in 1987, because of a concern for land use and access, a plan was prepared by the Planning Commission and staff with involvement of the property owner and the Forest Hills neighborhood. 10. That the finally adopted land use plan indicated RB or 2-family residential use bordering on the Forest Hills portion on the north portion of the site and business park commercial fronting on 60th Street and Greeley Street adjacent to the property. 11. That as a result of the plan, a public improvement project was initiated and carried out that involved the construction of Tuenge Drive and Sheldon Drive and the building of drainage ponds and the construction of other public improvements. The owners of land in the area, including the applicants, dedicated a l00-foot greenbelt setback area to buffer development on the site from the Forest Hills single family residences on the north. At the time of this development, the owners of the applicant's property applied for a mixed-use, 81-unit commercial planned unit development and a commercial component, however, the commercial component was constructed but the residential or multi-family component of the project was not constructed. 12. That as part of the project approval, permanent roadway easements and drainage easements were given by the property owners for Tuenge Drive and Sheldon Drive. The greenbelt pond and drainage area was dedicated to the City leaving approximately 7.15 acres of net developable property from the applicant's 1O.09-acre parcel that was owned by the applicants before dedication. 13. That since this permit was granted in 1988 and only the commercial component of the permit constructed, any rights in the 1988 permit have expired and become null and void, except for the applicant's right to develop the property consistent with the zoning of the area, which is RB, 2-family. 14. That when current owners property in the Forest Ridge Addition purchased 2-family townhomes located directly to the west of the applicant's property, they were assured by the City that the zoning was RB, 2-family, which permitted duplexes. 15. That many of these property owners would not have purchased their 2-family townhomes if they had known that a 3-story, multi-family apartment building would be built across the street. 16. That the owners of Forest Hills property, a single family residential neighborhood directly to the north of the applicant's property, would not have supported the annexation of this property to the City of Stillwater had they known that a 3-story, multi-family apartment building would be allowed on the applicant's property. -2- .. Of ~ ...) . . . .- . . '. .' 17. That the net tax capacity of the property.would generate more taxes and be less of a fiscal burden upon the City than the development of the property consistent with the RB, 2-family zoning district into 2-family dwellings or 2-family townhouses similar to the development directly to the west in the Forest Ridge Addition. 18. That the development of the applicant's property into high-density, multi-family will have a negative impact on property values both in the Forest Ridge Addition and the Forest Hills Addition, and ultimately be detrimental not only to the City and to the neighbors, but to the applicant's property as well. NOW, THEREFORE, based upon the files, records and proceedings herein, upon all the . testimony adduced at the various hearings, in part and upon the arguments of both the proponents and the opponents of the application, the applicant's application for concept approval of a planned-unit development and for a special use permit for the construction of a multi-family building in an RB, 2- family district, be and the same hereby is denied by order of the City Council this 18th day of October, 1994. Charles M. Hooley, Mayor ATTEST: Modi Weldon, Clerk -3- . . . ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING A REGULATION REQUIRING PERMITS FOR MOTION PICTURE PRODUCTIONS The City Council of the City of Stillwater does ordain: Section 1. Permit Required. (a) No person shall advertise, engage in, participate in, or start any motion photography production unless a production permit shall first have been obtained from the City. (b) A "motion photography production" shall include professionally done feature films, television movies and television commercials. Section 2. Application. (a) Any person seeking the issuance of a production permit shall file an application in the office of the City Clerk on forms provided by the City. The applications shall be filed not more than 180 days before, and not less than 5 working days before the commencement of production. The application shall be signed, under oath, by an authorized representative of the applicant. (b) The application shall contain the following information: (1) Locations of the production. (2) Duration and type of the production. (3) Proof of general liability insurance coverage in the amount of at least one million dollars with the City named as an additional insured. (4) Proposed use of city resources. (5) Necessary closures of public streets or sidewalks. Section 3. Restoration. (a) If some or all of a production is to take place on public or private property not at a studio and the production involves the erection of temporary structures or temporary modification of an existing structure or the introduction of an object or substance onto the property, the applicant for the production permit shall be required to restore the property to the condition existing prior to the production. In addition, the City may require that the applicant provide a performance bond in an amount to be determined by the City, to insure the restoration. Section 4. Costs for extraordinary services. (a) The City shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not be limited to, charges for personnel and equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of the permit. The City may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the City or paid by the applicant, respectively. The City is under no obligation to provide City personnel or equipment, and such shall be provided only if the City Council approves. Section 5. Denial or Revocation. (a) A permit shall be denied if the applicant does not meet the requirements of this Ordinance, and may be revoked by action of the City Council, after notice and a hearing upon a finding of non-compliance with conditions of a permit. Section 6. Temporary Permits. (a) Notwithstanding any provision of the Ordinance to the contrary, the City Coordinator of the City is authorized to issue temporary permits upon such compliance with the terms of this Ordinance as he deems necessary to protect the safety and welfare of the City. Section 7. Violations. (a) Violation of this ordinance shall be a misdemeanor. Section 8. Effective date. (a) This Ordinance shall be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this _ day of October, 1994. Charles M. Hooley, Mayor ATIEST: Morli Weldon, City Clerk -2- . . .1 . . . j '. MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GAU..F.RY 324 SOUlll MAIN STREEI' SUITE 1260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE:(612) 439-9464 TELECOPIER:(612) 439-5641 LEGAL ASSISTANTS DAVID T. MAGNUSON MATTHEW A. STAEHLING MFLODIE ARVOLD SHELLEY SUNDBERG MEMORANDUM TO: Mayor, City Council, City Coordinator, City Finance Director, Community Development Director FROM: David T. Magnuson, Stillwater City Attorney DATE: October 13, 1994 RE: Extension of Earnest Money Contract. Lumberman's Exchange Building Nile prepared a summary of carrying costs and a copy of his October 10, 1994 Memorandum to me is enclosed. After reviewing these carrying costs, the developers agreed that carrying costs of $7,609.27 seem reasonable. They do not agree, however, to be responsible for any interest or carrying costs associated with City debt concerning the site. The developers agreed, however, to the following proposal: that in return for a 90~day extension of the Earnest Money Contract, they propose that responsibility for carrying costs be shared on an equal basis, with the City being responsible for the first 45 days of the extension, and the developers responsible for the remaining 45 days. They propose that their responsibility be fulfilled by reducing the available tax increments that would ordinarily flow to them from the development property by the amount of carrying costs they ultimately assume pro-rated over the life of the tax increment district. They suggest that by providing for the division of expenses in this matter, it will motivate them to close the real estate transaction within 45 days and thus avoid incurring any holding expenses. This agreement could be effectuated by signing Addendum No.2 to the Purchase Agreement, a copy of which I have drafted and enclose for your consideration. The agreement on the sharing of holding costs can be handled by providing the following definition to be used in the Development Contract between the developers and the City that will read as follows: "Available Tax Increments" are those tax increment funds received by the City in the six months prior to a scheduled payment date with respect to the redevelopment property less lawful administrative expenses associated with the administration of the tax increment financing district and the project area and less the amount of "Carrying Costs" (agreed to be in the amount of $7,609.27 per month,) coming due on the redevelopment property after the 15th of November, 1994 and prior to the date of purchase of the redevelopment property by the redevelopers DTM/wss Ene. , 4 spread pro-rata over the life of the tax increment financing district from . the date of the first payment of tax increments from the redevelopment property until the expiration date of the district. " . -2- . . . . ) '. MEMORANDUM TO: Dave Magnuson, City Attorney FROM: City Coordinator SUBJECT: "Carrying Costs" - Hooley/Lumberman's Exchange Building DATE: October 10, 1994 According to the record') at Washington County and the City of Stillwater, I have determined that the monthly "canying costs" for the HooleylLumbcrman's Exchange Building are as follows: 1994 Real Estate Taxes (Net) Lumberman's Exchange Building: 0) 245/365 X 52,590.00 -;- 8 = 4,412.52 HO<.)ley's Building: (1) 245/365 X 24,5 I 3.68 -7 8 = 2,056.80 Utilities: Electrical (Based on 5/3/94 - 611/94 billing) - Lumberman's Exchange Building HO<.)ley's Building 622.75 169.59 Security: Floyd Security (smoke and heat detector) 182.12 -;- 3 - 60,71 Telephone: US West (tor security systems) 114,27 Insurance: LMCIT ($1,381.00 -;- 8 mo.) = 172.63 'IN {J:~EST- &3:1.,000 X .05S";' (1.- #..39{,JgG TOTAL' 7~ to 505,'1"'; (1) The agreement between Super Valu and the City states that the stated purchase'price shall be reduced by any General Real Estate Taxes...through May 1994 and also states that their obligation shall be no more than 120/365ths of the 1994 taxes. Therefore, I used the balance (i,e., 245/365) to determine the cost to the City for 1994 real estate taxes. /' ~A ADDENDUM NO.2 This Addendum, made this 18th day of October, 1994, is intended to amend Paragraph 5 of the Sale and Purchase Agreement executed April 26, 1994 by the City of Stillwater, Washington County, Minnesota ("Seller"), and St. Croix Preservation Company, a Minnesota General Partnership ("Buyer"). Paragraph 5 of the Sale and Purchase Agreement is amended by changing the paragraph to hereafter read as follows: "3. Closing. Closing for the transaction (the "Closing Date") contemplated by this Agreement shall be held no later than 90 days after execution of this Agreement and satisfaction of all contingencies of both Buyer and Seller as se~t' Paragraphs 9 and 10 of this Agreement, but in no event later than January 1, 199~ ess extended by written agreement of the parties. The Closing shall take place a e offices of the City. In all other ways the Sale and Purchase Agreement shall remain in full force and effect. SELLER: CITY OF STILLWATER By Charles M. Hooley, Mayor By Nile Kriesel, City Coordinator BUYER: ST. CROIX PRESERVATION COMPANY By General Partner ~ n( . . . _Ie: TO: October 18, 1994 The Stillwater City Council & Staff FROM; The St. Croix Preservation Co., Inc. RA TIONALE FOR ACCEPTANCE OF THE NEGOTIATED PROPOSAl.. 1. The City attorney was instructed to meet with the St. Croix Preservation Company to negotiate the holding costs during the extended purchase agreement. The two met in good faith and have come forward to the City with this proposal. 2. The extended purchase agreement should not be considered as a unilateral request from the St. Croix Preservation Company. During a meeting at City Hall on September 27,1994 (present were: Mayor Hooley, Nile Kriesel, Dave Magnuson, Duane Hubbs, Chuck Dougherty and John Berglund) the Mayor asked the City Attorney if the City met all its legal obligations to close the transaction and the City Attorney said no. 3. The reasons for an extended closing date are many and not unusual for a project this size. . If the City rejects the proposal before them, the St. Croix Preservation Company is forced to choose from one of the following: a) Pay all the holding costs - which is inequitable and inappropriate. b) Abandon the project - meaning tbe City will incur holding costs for at least the next twelve months while tbey resell the property. c) Litigate tbe City's decision; alleging a breacb of tbe purchase agreement by the City. This would indefinitely delay any project leaving the City 100% responsible for all holding costs. 5: If the City is sincerely interested in: a) Limiting their exposure on the holding costs; and b) Having a historic hoteVconference center developed on tbat property . .. then the City should accept tbis proposal and both parties will move forward to a mutually satisfactory closing and hotel project. Please note that the second and final banking institution have given their verbal okay to the buyer's financing package. Written confirmation is following. This information was given to the City attorney for the opportunity to confirm the verbal approval from the lending institution. . , . . . ~ MEMORANDUM TO: Mayor, City Council, Nile Kriesel, City Coordinator Klayton Ekkles, City Engineer, Steve Russell, City Planning Department FROM: David T. Magnuson, Stillwater City Attorney DATE: October 13, 1994 RE: Marcie Kilbourne Claims Marcie Kilbourne recently purchased Lot 1, Block 1, Deer Path Addition, at the county auction of tax- forfeited land for the sum of $7,500. After any tax-forfeited parcel is purchased by a private owner, the City is entitled to re-assess amounts outstanding for unpaid special assessments for local improvements and, at the meeting in September, the City re-assessed this parcel to the extent of $4,200 worth of unpaid principal that remained outstanding on the local improvements that provided street, curb and gutter, sewer and water services to this parcel. During the excavation .for footings for the house Marcie plans to build on the lot, bad soil conditions were encountered, some of which evidently revealed ashes, tin cans and bottles several feet in depth that will require removal and extra long footings in order to make the lot suitable for home construction. Marcie has alleged that she has evidence that the lot was actually operated as a dump, and that the City and any private parties who may have dumped hazardous substances, pollutants or contaminants on or near the property are jointly, severally and retroactively liable for environmental contamination under common law, the Minnesota Environmental Response and Liability Act, Minn. Stat. Ch. 115B, (ltMERLAIt), the Federal Comprehensive Environmental Response, Compensation and Liability Act (ltCERCLAIt), 42 U.S.C ~ 9607 et seq. and the Federal Resource Conservation and Recovery Act (ltRCRAIt), 42 U.S.C. ~ 6901 et seq. While it is true that the City could be liable for the cleanup costs involving municipally designated dumps, in my view the City is not liable for cleanup costs associated with this site for several reasons. to First, a search of City records reveals no knowledge of the site ever being used as a municipally designated dump nor does the City record reveal that the City knowingly permitted dumping in this area. Second, if the site were a dump, any sort of municipal trash !1isposed of before the 30s and 40s probably is not a "hazardous substance" and, in that case, CERCLA liability cannot be imposed absent specific evidence that this municipal waste contained "hazardous substances." For example, in a Connecticut case, the defendants to an EP A lawsuit brought claims against numerous municipalities claiming that since municipalities had collected and dumped garbage mostly in the 70s and 80s at this site and studies of the mixed municipal waste indicated that it contained small amounts of hazardous substances, that the municipalities must share in the cleanup costs. In the latest re-hearing on the case, held on December 20, 1993, the parties could not prove that the mixed municipal waste contained a sufficient amount of hazardous substance to result in the City being liable for cleanup costs and the court dismissed the claims against the municipalities. B.F. Goodrich Co. . v. Murtha. 754 F.Supp. 960(d), Conn. 1991, Affirmed 958 F.2d 1192 (Second Circuit 1992). In summary, in order for the City to be responsible for cleanup costs on this site, the property owner must show: 1. That the city knowingly permitted dumping at the site or operated it as a designated municipal dump; and 2. That the soil contains hazardous substances. DTM/wss -2- i " . . .1 / ,-~L.O~I'!:::_~ /~ C E.A..?~4 //1 -- /lS I ~,~ ..4J-rf:" 0 /"A/ /1 R EJ!.. &(/7 // // v L. ,/ ------ t-.OC ,~ A' 55 fSS.-Mf/'i-/;~-:S; h1-e .f-../A 7 c/: mv .a ~. _~___.6f:(;-rdS.~ .' (Ii ;"'.f't!i "-~ "/c~'// '-".5 7/f' Fe r ,yu ,1'/ ) ./.4 ~ t r~J {;. ( .,1 .^';" /1 /' ".orA L.Z"" /}/6- 77-/t;. .s'r- ' ~ C<:..t-' , / dt-__kC.rr /S (/ .'.') II'/} LJ.' ,-7, C. ('\ /..,. ; _ /V.!.") '-' , t..~~.2 L C- ~. Y ';'f,-!" . ... 77(~___L;()r __0J/I.~ SCL-O 70 /..-rt /I'or _6'{)..!cL'/lc?L~ !--- --------~'-7- ..---.. / -' 7~L'.)~/;';~4U , G-/ /3 /Pfj/' " -e ~~l2)!..3/-~tJ ~~~~~~ - - . ~)- ~_~{)-b; ~4-~- Ilt-~----~=-- ------------ -----. ---...----- -------.--- -._---_._- --.. --..--'-- -_.--'--"--~---'--'-- ._--.._-- . . . r I .. AN ORDINANCE AMENDING STILLWATER CITY CODE ~29.03 "REQUIRED CONNECTION TO THE SANITARY SEWER SYSTEM" THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section I. Amendinl!. The City Code is amended so that ~29.03 shall hereafter read as follows: "29.03. REOUIRED CONNECTION TO SANITARY SEWER SYSTEM. Subd.1. CONNECTION TO SANITARY SEWER SYSTEM REOUIRED. 1. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes and abutting on any right of way in which there is now located a public sanitary sewer of the city is hereby required to connect its plumbing facilities directly to the City sewer system. A permit application and connection shall be made within a period of 90 days of receipt of notification from the Public Works Director. The Public Works Director must issue notification in any of the following cases: a. Surface eruption of sewage. b. Backup of sewage from the disposal unit into other facilities of the system. c. Discharge of a tracer dye from the disposal system. d. Discharge of a flowing stream of raw or partially treated effluent from the treatment units of the system to the environment. e. Contamination of ground water by treatment or disposal units of the system. f. Any part of the system located in an area demonstrated to exhibit fluctuations in the ground water or surface water to within 3 feet vertically of the lowest elevation of the system. g. Any part of the system located in an area having been designated by the County Soils Atlas or floodplain maps to be subject to seasonal fluctuations of groundwater or surface water elevations which are less than 3 feet in vertical separation from the system. h. Any conventional onsite disposal system located in an area designated by the County Soils Atlas as having soils typically exhibiting percolation rates slower than 60 mpi. \ { 1 i. Any mounded type of disposal system located in an area designated by the County Soils Atlas as having soils typically exhibiting percolation rates slower than 120 mpi. . j. Any type of disposal system located in an area designated by the County Soils Atlas as having soils typically exhibiting percolation rates faster than 5 mpi. k. Any type of disposal system located in an area designated as floodplain by the County Soils Atlas or other governmental sponsored publication. I. Any type of disposal system located in an area designated by the County Soils Atlas as having soils which have typically less than four feet of separation from bedrock or other impermeable barrier. m. Any part of the disposal system located in an area closer than 50 feet to any portion of a public or private water supply. n. Any system constructed with materials prohibited or of inferior or lesser quality than that required by the City's onsite sewer ordinance. o. Any system exhibiting an emission of noxious odors discernible from a separated distance of 10 feet. Subd. 2. APPEAL. The property owner shall be permitted a period of 30 days following receipt of the notification to request a variance from this section from the City Council. The Council shall then issue an order suspending or enforcing the Public Works Director's notification within a further period of 30 days. . Subd.3. IMMEDIATE CONNECTION REOUIRED. Any new building built within the City which is on property which has City sewer service available must have its plumbing facilities connected to the City Sewer System upon construction. The use of individual sewage disposal system shall not be allowed. Subd. 4. INSTALLATION OF INDIVIDUAL SEW AGE DISPOSAL SYSTEM. No individual sewage disposal system shall be hereafter constructed without a permit issued by the Council. In considering a request, the Council shall investigate the feasibility of the extension of the City Sewer System to serve the property for which the permit is requested. If it finds extension to be feasible, the Council shall order the extension of facilities in the customary manner. Subd. 5. PENALTIES AND CONTINUED VIOLATIONS. Any person or firm failing to observe the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the applicable penalties therefore. Each and every day that a violation of this ordinance continues to exist shall constitute a separate violation. " Section II. SAVING. In all other ways the City Code shall remain in full force and effect. Section III. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. . . . I. ,,~ 1994. AITEST: Adopted by the City Council of the City of Stillwater this _ day of Charles M. Hooley, Its Mayor Modi Weldon, Its Clerk . . '. Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: October 14, 1994 Subject: Set date for canvass of returns for General Election Minnesota Election Laws requires the following: 205.185 Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Within two days after an election, the governing body shall canvass the returns and declare the results of the election. Action required: Set date and time for canvass of returns for one of the following dates: Wednesday, November 9, 1994 Thursday, November 10, 1994 . . I. " 8J ~ ... October 3, 1994 DRAFT Mr. James Denn, Commissioner Office of Commissioner Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard St. Paul, MN 55155 SUBJECT: MYRTLE STREET CONCRETE PAVEMENT REHABILITATION CONCRETE WALK AND MANHOLE REPAIR (S.A.P. 169-104-08) CITY PROJECT 1.1. NO. 307 Dear Mr. Denn: The Stillwater City Council requests a variance from Municipal State Aid Standards for roadway vertical curve lengths along Myrtle Street (MSA 169-104) from Owens Street (CSAH 5) to 5th Street. This request is for a variance from Minnesota Rilles for State Aid Operations 8820.9945 adopted pursuant to Minnesota Statute Chapters 161 and 162 as amended. The request is to permit the rehabilitation of Myrtle Street from Owens Street (CSAH 5) to 5th Street utilizing the existing vertical curve alignment and a design speed of less than 30 mph. There are three existing vertical curves which do not meet the Municipal State Aid Standards for this 0.427 mile segment of Myrtle Street. The existing vertical curves are as follows: Existing Center Vertical Curve Existing Line Vertical Length Required for Design P.I. Road Station Curve Length 30 mph Design Speed 12+83 100' 212' 27 mph 15+24 72' 172' 29 mph 15+96 72' 152' 29 mph The crest of the vertical curve at center line station 12+83 is located at the east edge of the intersection with Martha Street. Martha Street south of Myrtle is a short dead end with only two residences. The grade is steep on the approach to the intersection with Myrtle Street. The dead end (south of Myrtle one block) ends at a ravine with no roadway. The intersection with Martha Street and Myrtle Street has stop signs on Martha Street on both sides of the intersection. Mr. James Denn, Commissioner October" 3, 1994 Page 2 ," The vertical curves at center line stations 15+24 and 15+96 are on either side and through the intersection with Myrtle Street and Harriet Street. Harriet Street is also a dead end for one block terminating in a deep ravine, serving only three homes. The approach of Harriet Street to Myrtle Street on the north side is a stop condition with a steep grade also. Harriet Street on the north . side is higher than Myrtle Street, an opposite condition to the south. Since Myrtle Street was originally constructed in 1976, with State Aid approval, the eye height distance for the determination of vertical curve lengths has changed, Therefore, in order to meet the 30 mph design, the increased lengths listed in the above table would be required. This would require reconstruction of Myrtle Street beyond the anticipated amount of rehabilitation needed to provide for traffic safety. The centerline marking of Myrtle will be a solid yellow double line after pavement rehabilitation. The City, therefore, requests a variance from the required vertical curve lengths on the various vertical curves listed in the above table to allow the City to use the existing vertical curve lengths (State Aid Operations 8820.9945). The, City intends to rehabilitate the pavement structure on Myrtle Street during the 1995 construction season. Sincerely, Klayton Eckles, P.E. City Engineer c: Nile Kriesel, City Coordinator Mayor and City Council Richard E. Moore, P.E., SEH Inc. f" " . . . .. . . J. '.. CITY OF STILLWATER RESOLUTION DEFENDING AND INDEMNIFYING THE STATE OF MINNESOTA MYRTLE STREET CONCRETE PAVEMENT REHABILITATION CONCRETE WALK AND MANHOLE REPAIR (S.A.P. 169-104-08) CITY PROJECT NO. L.1. 307 WHEREAS, on , the City Council of the City of Stillwater adopted resolution Number . a resolution requesting a variance from Minnesota State Aid (MSA) Standards for the portion of Myrtle Street from Owens Street (CSAH 5) to 5th Street; and WHEREAS, after proceedings duly conducted by the Minnesota Department of Transportation in a proceeding known as a request for variance S.A.P. 169-104-08 (Myrtle Street), City of . Stillwater, the Deputy Commissioner and Chief Engineer of the Minnesota Department of Transportation ordered that the variance be granted, upon the advice of a variance committee appointed expressly for the purpose of recommending to the Deputy Commissioner a variance from Minnesota Rules for State Aid Operations 8820.9945 adopted pursuant to Minnesota Statutes Chapters 161 and 162, so as to permit existing vertical curves less than the minimum; and WHEREAS, the variance is conditional upon the receipt by the State of Minnesota of a resolution that defends and indemnifies the State of Minnesota against claims arising out of the variance; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The City Council of the City of Stillwater hereby agrees to indemnify, save and hold harmless the State of Minnesota and all its agents and employees from any and all claims, demands, action or causes of action of any nature or character arising out of or by reason of, in any manner, the rehabilitation of MSAS 104 (Myrtle Street) from Owens Street (CSAH 5) to 5th Street and any other manner, in accordance with Minnesota Rules for State Aid Operations 8820.9945 adopted pursuant to Minnesota Statutes Chapters 161 and 162, and further agrees to defend at their sole cost and expense any action of proceeding commenced for the purpose of asserting any claim or whatsoever character arising as a re~ult of the granting of this variance. Adopted by the City Council on STATE OF MINNESOTA) COUNTY OF WASHINGTON) SS. The undersigned, being the duly qualified and appointed City Clerk and Mayor of the City of Stillwater, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Stillwater City Council on with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS our hand officially as such City Clerk and Mayor and the Corporate seal of the City this day of Mayor City Clerk ~ -, ... CITY OF STILL WATER RESOLUTION REQUESTING VARIANCE TO MSA 155-156 MYRTLE STREET CONCRETE PAVEMENT REHABILITATION CONCRETE WALK AND MANHOLE REPAIR (S.A.P. 169-104-08) CITY PROJECT NO. L.I. 307 . WHEREAS, the Minnesota Department of Transportation has established standards for roadway design; and WHEREAS, in order to utilize State Aid funding, it is necessary to meet such standards; and . . WHEREAS, Myrtle Street from Owens Street (CSAH 5) to 5th Street is on the State Aid system; and WHEREAS, Myrtle Street is in need of rehabilitation due to age and poor surface conditions; and WHEREAS, in order to implement such rehabilitation, a variance is required from State Aid standards; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The City Council of the City of Stillwater requests a variance from standards for roadway vertical curve lengths and for Municipal State Aid project funding, and that the request is for a variance from Minnesota Rules for State Aid Operations 8820.9945, adopted pursuant to Minnesota Statutes Chapters 161 and 162, so as to permit the rehabilitation of Myrtle Street from Owens Street (CSAH 5) to 5th Street utilizing the existing vertical alignment and a design speed of less than 30 miles per hour. . Adopted by the City Council on STATE OF MINNESOTA) COUNTY OF WASHINGTON) SS. The undersigned, being the duly qualified and appointed City Clerk and Mayor of the City of Stillwater, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Stillwater City Council on with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS our hand officially as such City Clerk and Mayor and the Corporate seal of the City this day of Mayor City Clerk . . . . ... LIST OF BILLS EXHIBIT "At! TO RESOLUTION NO. 94-268 A T & T Action Rental Auto Clean Inc Bayport Pawn and Gun Biff's Bodlovick, Ann Bryan Rock Business Records CATCO Century Power Equipment Copy Cat Printing Cummings, Richard DAC Industries Danko Emergency Equipment Diamond Vogel Paints Emergency Apparatus Erickson Post Felsch, Chrisopher Fire-Guard S prin kler Service Funke. Gary G & K Services Huntingdon Images of the Past & Present Int'l Conference of Bldg Off'ls J H Larson J J C Recycling Johnny's TV Kangaroo Self Storage Lenfer Tranmission Litho Technical Service Magnuson, David Mautz Paint :Metropolitari Waste Control Com MN Bookstore MN Dept of Public Safety MN Dept of Transportation MN Recreation & Parks Assn Moore Business Forms Nova Enviromental Services Oakdales Inspections On Site Sanitation One Hour Express Foto Peltire, William Renfrow Inc Road Rescue S 1\1 Hentges Sather Roofing S hort- Elliot-Hendrickson Shorty's St Croix Animal Shelter St Croix Car Wash Equipment Rental/Maintenance Cement Clean Squd Car Trunk Repair Shotgun Portable Toilets 1994 Health Insurance Refund Ag Lime/Rock Main tenance- Election Machines Eq uipmen t Repair Parts Skid Loader Repair Business Cards 1994 Health Insurance Refund Cleaning Supplies Repair Hirsch Tool Traffic Paint Maintenance Repair Valve/Pump Tests Gas/Diesel Supplies-Training Recharge Fire Extinguishers 1994 Health Insurance Refund U niforms/R u gs/Mops Test-Marketplace Film/Slides Code Books Replace Water Heater Recycling Microp hone Repair/Tripod Storage Rental Tranmission Repiars En velopes 1994 Health Insurance Refund Paint/Supplies SAC/Sewer Service 1994 MN Session Laws Training-Miller /Peterson Signal Maintenance Membership-Thomsen Billing Cards Asbestos Survey-City Hall Inspection Services Portable Toilets Film Processing Back Belts Paint Windows/Panels-City Hall Light Bar Inserts Payment #4-LI 285 Refund-Duplicate Permit Engineering Servies Laundry September Boarding Fees Car Washes 220.21 44.73 15.97 15.00 189.78 156.96 532.48 1,700.00 206.13 201.28 153.00 156.96 196.03 38.16 175.88 2,828.11 3,664.59 93.51 43.44 98.10 1,029.31 340.00 45.66 66.15 234.30 11,803.50 989.81 184.80 90.52 495.23 156.96 570.20 78,145.00 37.28 440.00 42.35 130.00 1,199.46 1,397.50 1,587.50 455.20 9.37 60.00 3,075.00 6.62 355,825.04 70.00 2,058.45 66.78 464.55 38.25 . . . .. St Crob: office Supplies. Stevenson, James Stillwater Area Chamber of Com Stillwater Chippers Stillwater Sunrise Rotary Club Stillwater Towing T A Schifsky Thompson Hardware Uniforms Unlimited Valley Auto Wal-Mart Wardell, Leslie Washington County Public Works Washington County Treasurer Watson, Dennis ADDENDUM TO BILLS Office Supplies Coffee Filters Refund-Deposit Chip Stumps Quarterly Dues Towing Services Asphalt Supplies Uniform Supplies Repair Parts VCR Tapes DARE Funcl Raiser Supplies Construction Reimb-McKusick Rd Trainin g- Win clows Programming Services A T & T Aero Asphalt Allstate Sales Corp Arrow Building Center Baker, Sharon Business Records Center Capital Communications Central Sweeping Copy Cat Printing Copy Duplicating Dickinson, Jane Earl F Anderson Emergency Apparatus Equipment Supply Gopher State One-Call Gov't Finance Officers Assn Hay Group Independent School Kress Kenneth Lakes Gas League of MN Cities Legislative Associates Magnuson, David McKay, Roy Midwest Machinery Minn Comm MN Cellular One MN Fire Service Motorola Ness, George North Western Tire Northern States Power Peterson, Craig Reliable Corporation Road Rescue Russell, Stephen Long Distance Payment #1-11 290 Alternator Waferboarcl Secretarial Services Election Supplies Battery Cup Street Sweeper Rental En velopes Copier Maintenance Postage-American Wind Symphony Signs Maintenance Brake/Drum Repair Repair Air Conditioner Utility Locates Newsletter Subscription Job Evaluations-Library District #834 Easement Steel Toe Boots Gas-Crackfilling Insurance Claim Consultant Services Legal Services Overpayment of Assessment-LI 285 New Engine-Sweeper Monthly Pager Service Mobile Phone Recertification Maintenance Agreement Ball Pin/Hitch Antifreeze/Tires Eelctric/Gas Mileage Office Supplies Flas her Mileage/Par kin g/Meals 523.26 10.60 200.00 600.00 115.00 143.25 576.26 118.15 21.09 816.11 14.28 142.0j 21,575.11 . 300.00 190.00 24.35 4,013.75 202.30 25.75 60.75 68.07 30.35 200.00 52.28 186.37 15.00 1.780.04 1,265.85 741.04 20.00 35.00 560.00 13,015.00 49.99 76.68 157.05 2,741.70 6.632.66 14.72 6,202.68 6.12 28.70 230.00 284.30 54.20 677.78 2,263.69 194.00 1,028.88 38.00 156.55 . . . ., Schaubach, Shelly S hort- Elliot-Hendrickson Snap On Tools Stack, Barrett Stillwater Landscaping Treadway Graphics U S West Uniforms Unlimited Washington County Assessor Washington County Recorder Weldon, Morli Yocum Oil Picture Frames Engineering Services Light Consultant Services-Levee Wall Sod/Shrubs-Gilbert Court DARE Supplies Telephone Uniform Supplies Assessment Services Recording Fees Mileage/E1ction Supplies Gasoline TOT AL: Adopted by the City Council this 18th day of October, 1994. APPROVED FOR PAYMENT 8.50 79,173.43 31.11 4,000.00 785.00 77.87 1 ,947.41 417.19 38,595.70 39.00 22.66 77.98 665,499.75 -------------- -------------- ". . . . '. RESOLUTION NO. 94- PERMANENT EMPLOYMENT OF CINDY GElS SECRETARY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the permanent employment of Cindy Geis as Secretary from and after August 2, 1994, having served a probationary period of six months be, and the same is hereby approved. . . AJopted by Council this 18th day of October 1994, Mayor Attest: City Clerk RESOLUTION NO. 94- PERMANENT EMPLOYMENT OF SHARON HARRISON SENIOR ACCOUNT CLERK BE IT RESOLVED, by the City Council of the City of Stinwater, Minnesota that the permanent ~mployment of Sharon Harrison as Senior Account Clerk from and alter July 16, 1994, having served a probatiOnary period of six months be, and the same is hereby approved. Ad(lpted by Council this 18th day of October 1994, Mayor :\lle::;t: City Clerk .' ~ e . . . . j,;::. .. . . 1. 2. 3, r r " ~Q 1wate~ THE BIRTHPLACE OF MINNESOTA ~ REQUEST FOR INSTALLATION OF BANNER APPLICANT ~J3~ '.N1..:..-;: ORGANIZATION. ~ll..l.t1ajpA ~- ,,-l) ~ b 8':3 t/ . . E("Non-Profit 4. o F or Profit ADDRESS J g 7 5' '" ..idu...}" U TELEPHONE 3 5 J - If I ;),0 ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ~;AL-La~ 'f? JJLI p-;;-I~ Ij)tJd)1~ 5. BANNER LOCATIONS REQUESTED: 6. o Main Street at Olive Street (Mad Capper). [] North Main Street - 100 Block (Kolliners)* IfJ Chestnut Street at Union Alley (Firstar Bank) *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: --Do/HO 10 - n trl) -;)..1 I I 1 7' '-f 7. INSTALLATION FEE (Non-Profit/Charitable Organizations Exempt from Fee) '0 $40.00 - Make check payable to City of Stillwater FOR OFFICE USE ONLY 0 City" Date: ..... 0' MnDOT Date: .- 0 Fee Paid Date: (Required for Main- Street Locations) STILLWATER FIRE DEPT. AND MnDOT REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 .... . . . .. CONTRACTOR'S LICENSES George Siegfried Construction Company General Contractors - Commercial 11223 - 32nd Street North Lake Elmo, MN 55042 Renewal Fold to mail in standard ##9 or #10 window envelope. I ~Ut"~I~" I' ..... .1;.1 111-'...' :,..... I @ COPYRIGHT CURTIS 1000, INC. 1984 . SHORT' - ELLlO" - HENDRICKSON, INC. 3535 V ADNAI5 CENTER DRIVE 5T. PAUL, MN 55110 FILE No.A- ~77LL 30 3> ~ NtLiL_I-G'Li e~~L_ ~l- tfr:- C::Oo I~~& A.U11ZJI<- C to/- 0/2- 0Tl L.L-t.u~4--lIE./2- DATE: ~<I-q~ SUBJECT: L.- ~.z:( 28:;;;- ~ ~ l4tij~4 ~~~~~~ TO: I , i ! i Co" , , PLEASE REPLY: ',;. . ) o URGENT o AS SOON AS POSSIBLE % NO REPLY NECESSARY - ELlt~/~/L_E{-/L4lJ 17-AJ.L-LUSil/J TLucJ L-~--t2->:- /28_ i L.oA1-17~Vt~~~L I QhlJZ LiLL1~-LL-f)Jtt--17l-LJ~OI-3/7tl- ./Zi6f?M(__IoHN ~ ON-A-LILJ21UL O/1-m-IJ /6/6~ ;z:iLoNf JQ~ ~O?I.:> pt-fV.~/J TV IZAI 7lf!1;--b1L CJI/fi.42- ro 77frz- C t ~ f.s -I--'\,J/~t.L/~ ~ r ~uc-H'Lbf:i:tr. 7NIz"f ;1A'~ P~tl-SUJt~=-71f17- /1A~ LLJt7Z1 -:5{ ~ Itz~_ 5 :z;v.~ ( C6? ( C C(~AL DCJk-rol<.-.1 ( . cc.: 1c~1ftt1lJA./ ItcizL/z-? C::;t7 fLvtp//L//Z.4~./L- REPLY TO: f)IL./C- ~Od~ _ . SIGNED: DATE: . October 3, 1994 TO: Klayton Eckles City of Stillwater . . FROM: John Ogren SUBJECT: 1221 Third Avenue South Stillwater, MN Damage to Home from Dynamitinq for Sewer Proiect Reference is made to our telephone call of approximately 30 days ago regarding damage to a skylight. I did not know the degree until it was checked out by a contractor. The contractor has sent us an estimate of $600.00 to replace the slcyl ight. . The skylight is cracked and it now leaks around the perimeter every time it rains. I do not know the formality of submitting a claim, so I would appreciate your sending me the necessary forms to accomplish this. We will make our home available to the people who did the dynamiting if they would like to look at the damage. Sincerely, )r!Lfi~'. -, L-, J9hn Ogren ~ ,--~ . JKO:pso i. . i"ll'. t.C!t);~:; .,~ l. ')':),"1' Co tv Cr :':::t}111,\I",'c~r ~,~16 i'lu;..t;-) F'UUi'th ~3t,r:'jClt S t j 1 .l :,\1 a :-,8,'.. i"11\! 5 5();:::':;2 ;'..) L "I :; :'" ,'\ V t. 0 i 1 F:: c::< 1 ;::~ ': . . H.:~..~: t).7un.:i(.H:::: Rc=:.:.u 1 t, n'",1 F: r"-_)rn ~":,~3~.,1~~; r (.::c.)r'~:'3.i',,'U(: t i ':Jr-'. !..\J,':i --:~ Cjr:'~aj'"- l~i;--'. Fc;!<le~::'." T,/.ji)UJ.,:j lj.!<e th;~~ ~::;tl! ll/".J2.~~i'..::~r ~r-;':_..;1:--1(?C3i'-ln~J '::.t..:.\'f'f -L:.1:J ~~Jf:;l. t.he a.t)~)I-Clr~;-r,!..;:.~tt? c()n~,u J :'::1,,-', t2, and cont", i-ae to r's CD re'::~o ] vn CL\rn,3CI2 done ~,O au, p ,'ope r' ty 03.:::, ,;':\ ;-'e:;;uLt. C)'f the ':3(3~\)er' consti~'l:.:':.i.on ~'Jork.. Thi':: ,'eque:c should 110t be taken~s oersonal c,iticism of the consultants or cr;ntractors because the lr1d 1 \/ i dUE: 12, j, nvol 'led h,:;""JES been good 1 is te'l8 1-:3 and c;onCC'H' necl~',bDU L rn'y'sisu,3.tion In c nJV i ou ~-3 co n\/I'; r" :":::'? t :i 0 rl3 'j'-::;:) Ii;', \/(-) t'eCOlqrne n,:;(_~d ?', h"" t >; rope r' t)i O!,'J ne ,"':; should not be 901n9 thru the City to resolve darnage claims. ~ .:)er~Cdia,~i.Y don't think that.=; gcoel i3.dvicf:l. The ori,nar'./ fJ,H\J v^Jith th,'lt "4d\/lce 13 thaI. norni:'Ov'Jne,'s ,:-,r-'~ nor" knov-\i1,e.dq,"()11~ ::~bc:Jr contj":\Ct.OI"'3 3nd con':.ui t.)nt ubI i<J.;;1[.'i D;-l':;. (1lith th,~ j,3,,::k (j;~ thd:'", }<,no,'.!I.(:":k,H3. and 1,111 rhol,L the authority of the ~itv officials. it is very likely for the horn'-::o!,'.:nF~r' to rA:' int:irni,L-;\l,',eL1 ,3,rv;'",..Ji.. j.)!!t',:,,-ua:;!ec: Lo ,"l,cr:e;';.t :~:O:M:)t:\j.nq 1"'3,,)'~ t.. :"3.11 ht!-,,"', tis; i"equ i n3d IHlclc i-' [-, he '::0 n t r ac t, An; "we n in: ,,'e l,Or:.'O r t,:'A n ;-, , L ;-,::= (: 01 t ~'! (~"))l ("~ \j (,) L c~ l ;"'1 (~ t-HJ III f3 0 rr.: ~j:-=~ r (] .".:an.-3. (;J :-,~ (- 1 ~.~1 i. ~ :"", '3 ') C c' u J r-.~ c~ n c~ U (J f.) .,3, Y i r'j~:J for':;omplel,ec! work I,',dvne thr3"S ,/,r(:) unr':;~;Cil'Jed hOfW::,o:/Jner damage r:; ! :', i ill'::. , r he n,' ;~,b ~,'3iir:0.; ,:I, L :'1\1 r'I'~ ':s 'I cj: 'l nc';; ,__".-' :':: r:D t "3,;", r i Oli:;,. how8v r-:; (' I VJ<:I ;"\ t. the t. he si.t:.)::'!.; .ion ;'f3:,:',()jVE:,'j IAlhiJ.1'; t.ne ccnsult.an:-,s and contractor's per'sonneJ. ":'\1'1'3':;;',;: L coriLi.nq t,D U;2liob '::::it:3 01; ,,') i'squL:'JJ basis, AJ.so, I 1,\Jol..:Ld e>'T\SC!' the. Ci tv V,)(:)I11cJ al~:'o ,'Jane IflV claim rs',,:,olved thi::; Fall (-;3,rd od1c"r' pol>;3ntL,'\J. ~1(]1fI['~CJWllei' Cl,3,ll;:'3 re~:::.ol'J8d t.o,)) to fi;inirrnzD admlnistrativB work required when funds are rst.ained for cor,8ction o"f ('L-::unag<'>. c 1. a i mo:; .. My nri~inal clairn was about the dead branches Ofl the large pine tr38. I h8ve olscussed this with you. the contractor and SEh's field renresert.atlve. OV9r 3 week ~go I ,~qr88d with SEH's reDres8nt~tjv8 tha L i L :,'JOU 1 d be rz~a'3on;:\b 1 e t.o "] (33\/"': th::- t.:- 8(:: un t. i 1 nex t yea r to detenni,i',:-:J if rh:'~ r,i'(3C' 1,,10:.11<:.: :CCQVC:lt', P;'sr',:-~c;n;;.~1v. T dnubt th,3t r.hn ro, i'f.}r~ lI-J J. 1 1.. t' 0?COI/F;':;. 5 ::;:H ':3 ;'e,,, r e'::.e n ',;.3. t i '';S d n(1 T ,:~q r'eed t ha t if t. hn t. j' oe (::f)e''O r;')t i^<::~C>:J\if';ci b',: nF:xt, '3ur;rr.r::r, the con tr',,;;c tur' :tJol,ld he obliq;::.t'.f3d tD t(3,,1.',c~l the Li'H8 (J,' 010\/J.de ::C'f:2 c?Cluivil,;-(nt va.lued tr'ee(s). It ll,),:,\':;, .r;,'r--:":"" "'1",'",....1 '['l, , .', , ..'t' !..".'vo "J("" I"j !-'O '-"I')'i' "r') r,':> t",,- nr.>xt '~'v I"') ,.:. !.."",( '~'",I "'<;"',:.1.,.(". ',' It. ,...,,,,, ,', "'-''''_. i,J<J :..'. ." ,",',' ,.i.,,;; c., "-"",".. ,:,-r1-:;rril this:, rnut.I,;"d ."\(1reC:Hflen:. 1'10 Jetter ha,s been rec(~ived to d;j,te ,::1/',el that.'') I:he Dr'irn,3i"/ red's:,'n r ,:h?cidecl to IrJri tc-:: th:',:; lett.er'. . P.3qe ~2 Df ;:: Oc tDb,':;) r u, t 9',:;;4 Lu t te t" to ~ltv of Stillwater ~\j iF, nine t 1"'1 t h :3 EH '5 t'i:3P n~'3C7. n t,), t i V8 I a. LSD i nd i ca t3d t 1":.3, L a L:u qc:~ J' c:'oc:k, iDeat.ed Iii our SCrf:3en D:Jr'ch. not c:'c~c:'ed ciUt'lng the bL~stinq It: 1,\I.,>.~c 'Of,! Ufldst"3LH'Liirv:i [,II,:,:, th,.s C.!.,::tilll !t,J'JI,.dd he tu ',]:'1(:: u\.'er to I:.i--I(:) bj3ss:ng contractor No response has basn received reqardlng this I:: t .J. i In ~3 i the r- .. '~n ;""?,~jc1:L;'_-.1.C)r~.31. ~)la.:;::.;~.i('l.~~ r~3J.,;;~t..:~.::l Drot)12ifJ h.3,~::~ ':_>c~~~~n nc)~.~j(:;c i F(s!:":c~r.tl,',/ I.\J: nc.Lj':2G e>d,stinq p],3.c'.',ter' cr',-."c!c3 in U10 L vir',c) Fl,ClO',i 1/,lall': have C)CL ~\I j, d:~:' 3, nc! d 1 s () <:5I::JiI1(:;) nf~~'\J c r' ,',c ~':, '3 h,3 ',/C~ a ~)P(-3,3, (;ld i il L h c. ,; I ,l':~ t>; i' 1,\1 a 11 :''; , PI S,cc::.:; ,3.d\/isl~ th,~ ,.'!0:~)r()Dria r-s c'Jn~:uJ t.-Ult.::, ,'Hi"; CUi'it.r:~c~ ors uf thl..:~ .::~ 1. t. u .:;~ L i. lJ n s () t l'l.g 'y' (; ::7\ n (~(J t ;.-.;;--~ ~~ ~.=;; (~U i ;-~:?: {~ :i. (j' () e c: ;', -:. () '-j ,:~.\ ~'l <:! ;' e \/ 'i. .~ ~",J (J -r= t ! "j \~ \!lcjpr":' r:3r~es 013(je before thE~ tlas~inq. If, ].: ;-iC)t nf::~C:8~:~:':3.;--\/ r':..r'l;:.:~t \/(:)1) ':~'.~~)(:~n~:~ tiillf3 r'~3r.).l'(ing to thi.s 18ttE~;"~ r. ,,,",::: ';-,~H e '/UU r t. ,i Ok:! CDU 1 ci !::J8 ;:)e t te r ,~oent comp let. i ng c the r wo t'1-: tha, L LI'J;';l end of Lha corn true t 1. On3('),c<""on . .;"'2:~d3 t:, be done bi-;r ere e,'""","8J'/, ~~ ~,.(.,.-- ,J1 \J n :"1 ;", ,j, .',.: J _ ( q].~ 5th A\/c. So., ') r: ill L'j." La j'. l'lj'l :::. :>jL:2 Hc.,infE~ Prlone 4,.3Q'-671"l . '1V ,""vr I ntun I ""'un II\) I,^^,. II''''''. Il:PO"t TO: SHORT · ELLIOTT - HENDRICKSON, INC. 3535 VADNAIS CENTER DRIVE ST. PAUL, MN 55110 FILE NO. )J-::i71L-L 3Z'l B &uLAd2-t~L- .c.~t7-~Q'~LML1-JZ2/L CtCfL Of2- 6TlLL-t...uP1-17L_Jd_ DATE: /O~1194- ( SUBJECT: P~/l/b - 3&12 f tJ/~1t- . ,O~f;\,''f~~~'~l-':'{P~EA'S~'R'EPLY: ',.',':'<'':<,J- ..,) o URGENT o AS SOON AS POSSIBLE ~ NO REPLY NECESSARY .. ~Ltd2!?-.IlL2 ~L .D/1--t7Z~LJ "7 /6/qt/- /Z-It-; ~~ LJ/l:-rJ..4~/e:..__LZ/Lo~ /lPtUj~LL (;)$ C)/l/ _22n=u2-/2 /3JfNk- 1M.. LoCu(~jL ~Jn pH? U/~_~lLiiA/~ <::::2J~~~ To ~7:-{:1z c.#-tut (5J/2- ( UJI? /f-12-f.? e./~S~/L{rL~ ~t~//l~tv. LutHi:. TZ2(.-uPdL J1-sjCJ/~r- 7r1 rslV~ 1/2- jb-l13{1L ~$U/L/9-NCE ,c:;~ ( t~~/2-(z--rl-LJ~ _72}fc..-AA/ CmUf- 6/2- ~/f-7/lA r t"u/~ t..-LJ /L-<'- 6~ ~A1t?fLL( 1~/1/77/L/tfZ ,_ /~(ZI~/LIV/N & ~ 1M C-/~/? ~W TZJ <!?udl'W.,-r- -tz'fl~ 7C> fl1-tt ~'t:f ~ Jz;1.Jsu~ ~LlUIVL J _~~) ~~!ON ~~ZS Ct-~ ffA/h//lJ/z-/l.t- REPLY TO: j) Ick. ILdL?O/~_ :. SIGNED: DATE: RECIPIENT - REPLY AND RETAIN THIS COPY. DETACH AND RETURN PINK COPY TO SENDER. . . . ,/o/qLj "0 w\'\b<<) ~,,\~s f<\.CL'-"l LGf\Ce.."'^ } A-,,::> 0e-{" ~OU{ Ccn\j'er5CL+tC1'l w; t-h ICj,"Y1 Yu-e~n / Cut; MJcJe:5 (O({::XJfC)k (){{.( ee / '() '5+(0 LAJOie,) HI V CQ~ Wus ,'I1UCJiled (n CG ot0ht sond/(Y}ud 'St\cl,e On Apri l g..~ (qcr4. Ihe. inc-icle(\+ otcuv-ed on ~he- lOlLe~ LAJ'€&i P(h11\9 Lc)f. en Th,'/~ S~ OC\rvss ~rct'() (U(!) FOods CO.tpJ'fD1e OfFice" r (pJC<.S v16+{ft Ed Ct bOU+ yYlvl CCJ..r ov'\d -FoUJI\. d ClV\o4--hev'" en) p04ee Wi'-l--h (L +Ow rope +0 +au.) (Y\0\ CD-r 00+. As r prac:eedEd +0 dr/ue ) r no-H ced. .:r: cou leL tu.re I Lf d ('I o-e c}lJe. 'f..e) ---I-h-e CHYlOUY\-t CJf 0Urd in fhy +//'es" zr Lven+ ...f-6 .f-he \'\EC\.v"'e-U-\- Co.--r Lm~~.~ A++e.~ cl(l'Uit1j tVv--?h€ r) -r. ro~ted Ct.- CJ'f"[j'\.6~V\.cJ' (IO[~ c.OlY\r^1 W(Yl (hL( (-(G~+ e ,'\0 0 :r: tn-c \)Cr)lY1- f\\~\. CCA.r- -to <-r'\ f'€.~ MuS t r'\ ~\ \\ \.iCc.:\€ r o.~o ~cd ~V\.Q. ..Gro'(\~ e~6 c\rec-~G, ~r ~'f\d~I'C.J '-\-\1-€- ?ru b\-e If\J :t \-e~ M'-\ CeLt +0 \xl \;-.e. '-\-~ LUJ{ t', cia (\-€ J t::\''(~~oced v-eo,_~ ~C\d '\-~ \Y\tJo'\ce frocn II ~roes ~\\J~ '" ~\\e.. C\Q \"(\.Q~e'3 eve:e- CD.LJ&fd., b~l CSCl",ci 4--VlQ+ ~rceecc\ed W ~ -\- 'n~ ~ ..jD\~+'S of- +h~ CC\.(S ~('\+ er'\d, . . . '\'nc: clG.~CLcoe~ ~~re f\01- CCtu~d Cb'\L{ C~~ 0'(\ ~'Y\'-1 ~l,.\-\- ~ ?\-eu.~ pU.4 men-\- Ct.::, YOU See- f( + 9 ~y ex pc:d ( te :: '\hCA(\\'''' 40 V \Dr- L{OU'('" +i toe o.l'lc! c:oope(cl-t'un l(\ 4-\'\\s (YIGl {,-{er c. r{' L{OU h.0.u~ c,--nL1 ()\-\n.e r ct\"''€S~'0Y"\) Pl~l5e.- Cet ~ t'YJe 0.. t- -rlq-LtooCJ c S \('\\:.e. re k_\ J ~~ .~ 15 G-cc.cl II t.JL Ave S\I ~ut ) ('<l J\.J 5'3" La ~ ho\<\e ~ d-Q3,.q lc l 7 "O~~1 . LOW WAREHOUSE PRICES! 1U @ FAST WORLD CLASS SERVICE! R\j\CE. CE.N1E.RS .'" FiSCHER 375 GOODRICH P.V : TIME IN PROMISED.( ,RESERVE DATE DAM DpM CONTROL NUMBER TORE STILLWATER TI R~S PLUS 14304 NORTH 60TH STILLWATER~ MN ~5082 (&12)439-2520 .. . 5T PAUL! MN ~5102 SHIP TO OIlllERNO. SALESPERSON · MAIN PHONE UCENSE NO. I ITEM NO.. DESCRIPTION.' QUANlTrY F.E.T. PRICE NET'EXTENSION IMICHAEL HILDENBRAND INVOICE NO. I Ii1v#: 36b80 ICharoe I - I *FULL SAFETY INPECTION---CAR WAS IN *SAND~ MAKES GRINGING NOISE, & *VIBRATES AT &5 MPH OR SO * :3i,nSC CV SHAFT RT SIDE AUTmlATIC 1 e'.00 289.99 289.9c:. _3MISC INSTALL SHAFT 1 0.00 70.00 70. 012' ,GmSC CV BOOT LEFT OUTER 1 0.00 25.00 25.00 ~ ?r-:j ! SC INSTALL CV BOOT LEFT OUTER 1 e.0e. 70.010 7'0. Qiie :-!OPSUPPLY SHOP SUPPLES/SERI,I ICE 1 0.00 c:l.81O g.8'2\ :151010 CORPORATE DISCOUNT LABOR 1- 121.016 14.00 14. tZl'Zi- .0 CORPORATE DISCOUNT - PARTS 1- 0.00 31.50 31.50- 437.72 , INVOICE SUMMARY . . ~A: 4-'" r1lr" 1-' =.I..tD rtrL dIrt ... "t. 1(.''''- 31.50- c:l.80 140.00 T a x E:.. :IQUlt;! 18.43 WORK COMPLETED BY DATE 314.99 !n... :otal : \ 437.72 :RLEN NELSON 04;'28/'34 \1"'~II='l:M/ALL<n WHEELS LL'G ='L. RETORQt:I='G POLICY EXPLAI='ED nilF. \\.o\='L"l-ACTL'RER ~1.o\ TERI....!..S .., \\'ORK\I.,\:>:SHIP : lilt LI\IITED \IILEAGE W.ARRA,\:TY F,)R ~IILF.S E W.-\RR \\TY )11 [),A YS 'WAllR,\\:,Y FOR \10='THS ","..:,.,~~~?,.,~~~~~" V'"'CCES, AIR L1~lITf.D SERVICE \\ ARRA \:,Y n'l' ,TIRE PllOTEC710\ PLA\:, I hereby authorize the above repair work to be Jone along with the necessary materials, You and your employees may operale above unit for purposes of (esting, inspection or delivery at my risk, An express mechanics 'lien is acknowledgeJ on above unit III secure the amount of repairs thereto, 11 is unJcrslllod Ihat (his cmnpany :,ssumes n0 responsibilil1y ior loss or damage by theft or lirt' to unil or conlents placed \\ ith thcm fOI storage, sale, repair or whik testing, :'\ut responsible for loss or Jamage III car\ 01 anicles left in s"ars in ca\e of fire, theft. or any olher cause bt:yonJ our control. THE ClJSTO~lER HAVE BEE:\ OFFERED THE TIRE 'IHlTECTIO:\ PLA:\, L::\DERSTA,=D THE DET.>.ILS, \ '0 HAVE ELECTED :-<OT TO ,o\CCEPT THE ABO\'E ,\I'LAl:-<ED \\ ARRA:-':TY, DATE OK'D BY INITIALS I !X I WORK AUTHORIZED BY CLJSTO,\lER COpy DATE {J,"~ ,.,; 1 J .~~~J ce loJ/fl1y WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT PARKS · HIGHWAYS · FACILITIES 11660 MYERON ROAD NORTH. STillWATER, MINNESOTA 55082-9-573 612-430-4300 Facsimile Machine 612-430-4350 Donald C. Wisniewski, P.E, Director Pubtic Wo,ks/County Engineef John P. Pe,kovich, Deputy DirectOl Operations Division Donald J. Theisen, P,E., Deputy Di'8ctor Technical &. Administrative Division James D. Hanson, P,E, Transportation Engineer Edward Kapler, Facilities Operations Manager October 7, 1994 Richard E. Moore SEH, Inc. 3535 Vadais Center Drive St. Paul, MN 55110 .. SIGHT DISTANCE CONCERNS ON COUNTY ROAD 64 Dear Mr. Moore: As you requested, we have reviewed the available sight distance at the intersection of County Road 64 (CR 64) and Amundson Drive. We also reviewed the sight distance at the intersection of CR 64 and Maple Street. The distances were measured using the procedures as outlined in the Mn/DOT Road Design Manual. . Amundson Drive and Maple Street both form "tee" intersections with CR 64. Sight distance is restricted at both intersections' to the east due to the geometry and retaining walls constructed as part of the CR 64 reconstruction project. The retaining walls were necessary to limit the impacts to the individual homeowners living adjacent to the roadway. Amundson Drive: A motorist sitting at the approach to CR 64 is able to see a vehicle approaching from a distance of approximately 300 feet. The sight distance to the west is unlimited. Using a design speed of 30 miles per ~our and a perception-reaction time of 1.5 seconds, a vehicle would require 280 feet in order to comfortably turn left to clear a vehicle approaching from the left. A vehicle would require 260 feet to comfortably turn right in front of a vehicle approaching from the left. Maple Street: The available sight distance at this intersection is 200 feet to the east. The sight distance to the west is unlimited. The CR 64 reconstruction project was unable to improve the sight distance over the existing conditions due to the home located just inside the curve. One favorable feature of this intersection is the steep downhill grade on Maple Street. The downhill grade increases vehicles acceleration and reduces the time required to turn onto the street. If we assume that a vehicle's acceleration increases by 50 percent due to the downhill grade, the required sight distance would be approximately 195 feet to comfortably turn right in front of a vehicle approaching from the left. A vehicle would require 210 feet in order to turn left to clear a vehicle approaching from the left. . The current speed limit in this area is 30 miles per hour. Even though the sight distance at both intersections is minimal, we feel that the available sight distance is adequate. It is also important to understand the final intersection geometries were a result of balancing Printlld on Recycled Pipet EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION Page two Letter to Richard Moore October 7, 1 994 road needs and impacts. For example, moving the retaining walls would have created larger impacts on the adjacent homeowners. We will monitor the operation of these intersections along CR 64. Please call me at 430-4330, if you have any questions or comments. Sincerely, . 9::: ~~~ Transportation Engineer """"'Nlle Kriesel, Stillwater City Coordinator Wally Abrahamson, County Commissioner Don Wisniewski, Director of Public Works/County Engineer cc: ..,\jdh\moo,e64.It, L 1 . . . . . , . . . (!..,.,~. ~ September 12, 1994 TO: Stillwater City Council FROM: John R. Zoller Stillwater Elks Lodge # 179 RE: Use of Lily Lake Tennis Courts The Stillwater Elks Lodge # 179 is again requesting the use of the Lily Lake Tennis Courts for the sale of our Christmas Trees. It is important that we generate funds for the operation of the Lodge and this is one of our major fund raisers. Last year we donated in excess of $50,000.00 to Charitable Organizations in the Stillwater area but we cannot use gambling money for the Lodge expenses. We realize that we had minor damage to the courts last year and this was taken care of as soon as possible at Lodge expense. The work was done professionally by the same company that installed the original courts. According to the Parks Manager Tim Thompson it was satisfactorily completed. Any favorable response will be greatly appreciated. Yours Truly, r;): 1.1:I::r . . . t:.,.e- I ~/ (tj1 <{ October 13, 1994 TO: Mayor Hooley & Council FROM: Benjamin C. Hanson and Michele M. Hanson 1234 Third Avenue South Stillwater, Minnesota 55082 RE: South Hill Sewer Hook-Up Grant During our last city hall meeting, Tuesday October 11, 1994, I was one of many individuals wh9 stepped forth to make a verbal objection regarding the south hill utility/street improvements. My concern is the criteria that is being used to decide whether or not homeowners are eligible for grant funds when hooking up to city sewer. Michele and I decided to hook up immediately (July 1994) to city sewer after getting authoriziation from Klayton Eckles. It's my understanding that at that time, nobody knew that hooking up would automatically forfeit our eligibility to receive a sewer hook-up grant. We had to take out a loan for approximately $1,400.00 because we did not have the money We just wanted the whole inconvenience of the projects taking place to occur at the same time so we wouldn't be bothered with additional construction groups working on our property at a later date. After hearing Tuesday evening that the criteria that was established for eligibility was derived in September (1994), it made us very upset. It seems ridiculously unfair that we are being penalized for our actions before the criteria was ever determined. We wouldn't have hooked up if we knew we had a 50/50 chance (according to the letter sent to us). Our septic system worked just fine. Michele and I moved to Stillwater in May (1993) in hopes of settling down and starting a family in a town that has been long since admired; a town that works with its community to support and encourage a stable economy. We did not move to Stillwater to get penalized for being good law-abiding, tax-paying homeowners. We are asking that you, Mayor Hooley and council, please consider our objection so that we may also be eligible for a sewer hook-up grant. If you need verification that a loan was taken out in order to cover the costs of labor and materials, I would be . willing to drop off all records pertaining to this at the Stillwater City Hall. Councilman, Mr Jay Kimble, you too agreed to the unfairness of the criteria during the meeting and I hope that you back us up on this issue 100% so what's fair is fair! ~~ ~I~ fiMh . .' . . . OCT 11 1994 ROONEY & NEILSON, LTD. Attorneys at Law 8 PINE TREE DRIVE, SUITE 120 ARDEN HILLS, MN 55112 Thomas J. Rooney Larry Neilson Telephone (612) 481-9222 Telefax (612) 481-7038 October 7, 1994 Mr. David T.Magnuson MAGNUSON & THOLE 324 So. Main Street Stillwater, MN 55082 Re: Port of Sunnyside File No. 11254 Dear Dave: The Port of Sunnyside would like to open negotiations for the purchase of the South 75 feet of the property now owned by the City of Stillwater subject to the Lease to Aipel. Wauld you pass this request on to the appropriate City authority, or if you think it more better that I write directly to them, let me know who it is at the City to whom this request should be addressed. Thanks. Yours very truly, ROONEY & NEILSON, LTD. ~fn THOMAS J. RO~NEY I TJRfbr MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GALLERY 324 SOUfH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082 l'ELEl'HONE:(612) 439-9464 TELECOPIER:(612) 439-5641 LEGAL ASSISTANTS DAVID T. MAGNUSON MATTHEW A. STAEHLING October 12, 1994 MFLODffi ARVOLD SHELLEY SUNDBERG Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 RE: Port of Sunnyside Request Dear Nile: Enclosed is a letter I received from Tom Rooney, who is the attorney for the Port of Sunnyside. Tom is aware of the Charter provisions dealing with the sale or transfer of City land and he is also aware of the existing lease with Aiple and, nevertheless, wishes to begin discussions on the purchase of property on the south end of the Aiple property that would allow Sunnyside to square its boundary and to own the pr<2Perty on the shoreward side of its docks. -- It seems to me that the issue J10uld be brought to the attention of the City Council and also to the attention of the Charter COmniIssion since the more time that both bodies have to deal with a proposal such as this, the less likelihood of any misunderstanding or surprise. Yours very truly, ~~ David T. Magnuson DTM/sls Enclosure cc: Thomas J. Rooney . . . . . . ..~ '-" .~I_I; ...'1_. .;~ u. .....;1_1 .,,:'" _:-1'\ !-"...,.\ 1,_.. ...1, I _I , _1~..'::"I.~_I...:""...._,'_t : ~_. I _I~ .I'~Ja CITY OF OAK PARK HEIGaTS MINUTES OF MEETING HELD TUESDAY, OCTOBER 11, 1994 Staff reports were reviewed prior to the regular meeting. Rifle range workshop held with Mr. Phillips and Mr. Murray present. Discussion ensued relating to the number of officers using the range, whether officers need practice, whether the range meets established standard and environmental concerns. Regular council meeting called to order at 7:28 p. m. by Mayor 0' Neal. Present: Schaaf / Kern, Seggelke, Doerr , Vierling, Anderlik and wilson. Absent: Swanson, Benson and Butler. Seggelke, seconded by Kern, moved to approve low bid from St, Croix Tree Service for tree removal in the amount of $2,364.30. Trees to be removed by November 30, 1994, 5 aye votes. Carried. Chuck Dougherty discussed his Bed & Breakfast facility. Doerr, seconded by Kern, moved to authorize Mayor O'Neal's signature on the proclamation declaring National Business Women/s Week October 17 - 23, 1994. 5 aye votes. Carried. Doerr,' seconded by Seggelke, moved to schedule a workshop Thursday, October 20th at 7:00 p.m. relating to commercial development. 5 aye votes. Carried. Park Commission will meet at City Hall, Monday, October 17th at 6:30 p.m. Doerr, seconded by Kern, moved to table storm sewer charges until October 24th meeting. 5 aye votes. Carried. Schaaf, seconded by Kern, moved to approve Agreement for Auditing/Accounting Services for the year ending Oecember 31, 1994 with Tautges, Redpath & Co., LTD. 5 aye votes. Carried. Schaaf, seconded by Kern, moved to schedule a workshop Tuesday, December 6th at 7:00 p.m. to further discuss issues relating to the rifle range. 5 aye votes. Carried. Mr. Brimeyer discussed the final ten candidates for the administrator position and council voted for final five. Doerr, seconded by Seggelket moved to approve minutes of September 26th as presented. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to reschedule public hearing for conditional use permit & rezoning submitted by Jon Nelson. Hearing will be held Monday, November 14th at 7:30 p.m. 5 aye votes. Carried. Post-It" Fax Note 7671 liDa18/'J"a/~ l!aS~s~.L 112l/18/94 11:58 CITY OF OAK PARK HEIGHTS ~ 6124390456 NO. 730 Page two - Minutes 10/11/94 Seggelke, seconded by Doerr, moved to schedule a public hearing Monday, November 14th at 7:30 p.m. for a variance request submitted by Pat Casey. 5 aye votes. Carried. Kern, seconded by Doerr, moved to approve request from Northern States Power Company to install gas main to part of Valley View . Estates No. of 58th St. as per sketch. Aye votes cast by O'Neal, Kern, Doerr and Schaaf. Abstain by Seggelke. Request approved. Kern, seconded by Doerr, moved to approve bills for payment and Treasurer' 6 report a.s presented. Details available at clerk's office. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to adj ourn. Adjourned at 10:30 p.m. Respectfully submitted, 5 aye votes. ~ J.,.."..-..~ - W.~ (......"1.a-Vonne Wilson Administrator/Treasurer [;102 . . . , of o,ooy're @nvited to an gpen at MINNCOR Industries 2855 Anthony Lane South Suite 200 St. Anthony, Minnesota 55418 @ct(Jber 2~ 1334 3 a.m. ttJ 4 p.m (JC /o/It: qf FYI '-12haJljoin us fir rtfitJShmentJ; see our qfjlce environmentftatunng- jitmiture and qfjlce .pitems produced bp MINNCOR Industries and meet the sf4/' q( our ntJWlp finned org-anizatiofl. - ... N l' 2855 Anthony Lane South , .1 ~lea:frv(jin Uf... . . . . . Minncor Central Introducing... We are proud to announce the formation of MINNCOR INDUSTRIES as a- new organization of the Minnesota Department Of Corrections. All of the Minnesota Correctional Industries: Faribault, Lino Lakes, St. Cloud, Shakopee, Moose Lake, Oak Park Heights, and Stillwater have joined together under one name and organization. As Minncor Industries, we will continue to provide a broad range of fine products and services. By streamlining and centralizing, our staff will be able to serve you more efficiently and effectively. MINNCOR INDUSTRIES I new central offices are located at: 2855 Anthony Lane So., Suite 200 St. Anthony, MN 55418 Phone: 1-800-MINNCOR (646-6267) in MN or (612) 627-6030 Fax (612) 627-5448 We invite you to contact us there for any administrative, sales, customer service or accounting matters. Thank you for your past patronage of Minnesota Correctional Industries. We look forward now to serving you as MINNCOR INDUSTRIES. ~!k C.E.O., Minncor Industries ~#~~ Commissioner, Minnesota Department Of Corrections 2855 Anthony Lane So., Suite 200 St. Anthony, MN 55418 Ph. (612) 627-6030 Fax (612) 627-5448 , . . . r illwater ~ -- ~ -- -~ THE BIRTHPLACE OF MINNESOTA J (C(Q)[PY October 11, 1994 Ms. Mary Hauser Chairperson Board of Commissioners Washington County Government Center 14900 51st Street North Stillwater,MN 55082 Dear Chairperson Hauser: Please be informed that neither elected officials nor City staff were able to attend the Highway Cost Participation Policy Workshops scheduled for October 10 and 11, 1994 due to other meetings that were previously scheduled. The issues related to the proposed policy are very important and would appear to have a serious impact on future City/County roadway improvements and tax increment financing projects. Therefore, the City would request that another workshop be scheduled to give the City of Stillwater an opportunity to understand and discuss the proposed policy. Thank you for your consideration of our request and the City looks forward to meeting with the Board and County staff in a cooperative effort to establish a fair and reasonable policy. Sincerely, ~~1; .l- ~ ~ L. Kriesel City Coordinator cc: Don Wisniewski NLKlcg CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . ~"'. ~".z wooCllSury F'{1 8301 Valley Creek Road · Woodbury, Minnesota 55125.3330 6121739.5972. TOO 6121731.5796 · FAX 6121731-5791 October 10, 1994 Ms. Mary Hauser Chairperson Board of Commissioners Washington County Government Center 14900 GIst Street North Stillwater, MN 55082 Dear Chairperson Hauser: We apprecia.te the opportunity to meet with the Washington County Board to discuss the proposed Highway Cost participa.tion policy. The growth of the Twin Cities and Washington County's location close to the core of our metropolitan area create many issues related to urbanization. We are committed to working with you to benefit the citizens we both serve by developing reasonable and fair solutions to these issues. To that end, we request that the Board direct its staff to work with the staffs of the county's municipalities to redraft the proposed policy l:Iased on the principle that municipalities or private property owners would be responsible only for the additional costs the County incurs to accommodate local needs such as non-roadway drainage. local tra.ils or private property acceSSes. ~e believe the policy as proposed will: 1. Inhil:lit the expansion of the County's tax base by unfa.irly penalizing and discouraging the commercial and industrial development whiCh will help ease our residents' tax burden, and :2 . Create a direct competition for funas between County road improvements and municipal arterial/collector road improvements to the inevitable detriment of the County road system. The City of Woodbury will l:Iuild a system of collector and arterial roads that will be as extensive as ~he County roa.d system in Woodbury. Withou!: this city sys~em mOre traffic would be for~ed to use County roads and would increase County costs. The City also has limited resources. The needs of the City'S a.rterial/collector system alone exceed the funds the City can commit. If improvements to County roads, which are not our legal responsibility, have to compete with neeas on the City roads over wn1ch we have jurisdiction, where do you think we will put Our money? where would you? The County road syscem will suffer and the citizens I opinion of the County government will suffer with it. · Helpftd · Effective · Looking Ahead · Professional ~"'. :.".: wOOCl~ury 8301 Valley Creek Road. Woodbury, Minnesota 55125-3330 612/739-5972 · TDD 612/731-5796 · FAX 612/731-5791 Ms. Mary Hauser October 10, 1994 Page 2 Attached with this letter is a more detailed statement of the City's concerns about the proposed policy. We believe there are many other important issues that must be considered but have cnosen to ~oncentrate here on the two that a~e the broadest and most serious. We wisn to emphasize that the othe~ issues are also very important. We appreciate your consideration of our con~erns and look forward to your action to revise the draft policy. Sincerely, William J. Ha~gis Mayor · Helpful · Effective · Loaking Ahead · Professiono.l .t . . . . . . WASHIHG'1'ON COmttY ORAl"!' IttGHWAY COS'1' PARnCI:PA'l'I:ON POLICY S'l'A'l'EHBN'l' OP COHClmHS OF '1'D CI:TY OF WOODBURY 1. A fair policy must recognize the tax generation as well as traffic generation impacts of major new developm~ts. ~lanation The County docwnents say that we must develop a fair policy that recognizes the impacts of major new aevBlop~ents. The policy, however, deals only with the traffic impacts of developments ana ignores the substantial economic benefit which these developments bring to the County and its residents. rn mOst cases. major developments ~re on major County roads where traffic will increase over time and require County road improvements even without the specific development which precipitates the improvements. AS a result, much of the impact of these new developments is Simply to accelerate improvements that would otherwise OOcur. 'I'hese developments, however, bring with them Substantial ta.Jt base and tax revenues which more than fund the additional cost which the County experiences. The ongoing services which the County provides to these developments are typically minuscule compared to the substantial revenues which they generate for the County. The County needs to playa more pro~active role in developing the tax base of the County and Should not be taking actions, such as this proposed policy, which will tend to inhibit it. 2. The proposed County policy rep~esents a hidden tax increaSe and double taxation of the citizens for the same service, Exolanation Washington County has the legal responsibility for the County road system. By attempting to make municipalities pay the cost of prOvi~ing this system, the county is attempting to avoid accepting financial responsibility for its roads. It is attempting to shift the cost to the cities and force municipalities to increase their taxes for a County facility. The effect of this approach is to hi~e from citizens the true cost of the County system. It will further confuse the citizens understanding of an already complicated governmental system, and inhibit the public'S ability to fix responsibility for ~overnmental actions to a single responsible agency. Furthermore, by forcing the cities to increase taxes to pay the cost of the County system, citizens are in essence being double taxed. They are paying taxes to the County to provide county services, including a County road system, and then having to pay taxes to the munici.palities to also provide that same system. . 3. The County policy should recognize the coutribution of cities in providing facilities which relieve congest~on on County ~oads. Exolanation Most cities provide an extensive municipal system of arterial and collector streets which, in cooperation with County roads, prOVide the back bone road system in most areas. For @Xample, within the ~rent MUSA area of the City of Woodbury there will ultimately be 45 miles of municipal arterial and collector streets and 32 miles of county arterial and collector roads. Within the City's Page 2 current CIP, it will construct 7.25 miles of collector and arterial roads at an approximate cost of $22.2 million. Attachments describe the existing ana future City and County systems in Woodbury, as well as current and near.term City construction. Were the City not to provide this roadway system, the county roads would be left as the only routes for through traffic. The county system would quickly become overloaded and would require significant ~ansion. The additional cost to the County ~ould be considerable. Thus, a city like Woodbury spends millions of . local ciollars to provide a facility like the Lake Road interchange and Lake R.oad extension to relieve traffic congestion on County Road 16 (Valley Creek R.oad) , a road whose intersections Were well over capacity years before the construction of the Woodbury Village shopping center. " . The proposed County policy prOVides a significant; incliLtlti ve to municipa.liti@s to not p:t:'ovide an adequate municipal arterial/collector street system, Exolanation By not providing its own arterial/collector system, a city would escape the cost of this construction and free funds to contribute toward the COlt of expanding the County system. Since a city's sha4e of an expansion project on the County system wo~ld be only 40 percent and since the cost of adding additional lanes to an existing fa.cility is typically much cheaper than constructing a new facility from scratch, a city would clearly benef1t frOm doing this. The net result, however, would be $ignificant inerease in COst to the County. It is probably also true that the net result WOuld be a less adequate transportation system and decreased safety and convenience for residents. The proposed policy a.lso provic!es an incentive to ignore overall County transportation needs beC$use cities will inevitably prioritize possible County projects against local city projects. It is inevitable that cities will at times elect not to participate in projects which from a County-wide perspective may have a high priority. The proposed Tower/Hinton connection between Woodbury and Cottage Grove is a.n example of this situation. If part of the County's mission is providing an adequate County-wide road system, it is compromising that mission by making the provision of these facilities a local responsibility. S. The proposed County policy inappropriately discriminates among road projects based On the use of Tax Inc:t:'ement finanCing. Exclanation The County policy specifically refers to economic development districts when saying that municipal participation could tie 100 percent of the total cose. First, the policy if it retains this type of provision should eliminate the distinction between economic development districts and other TI~ districts, such as housing or redevelopment. In terms of the financial impact On the County, housing and redevelopment districts will have a much greater impact because they are much longer than an economic development district. . . . . . . page 3 It is also inappropriate for the County to inject itself into municipal decisions about the use of 'l'IF by making an arbi~rary determination that housing or r@developmsnt district$ of whatever :nature and for whatever purpose are sup@rior to economic development. Second, the policy leaves it to a county Board. decision as to what percentage municipal partiCipation will be required. If the intent of this policy, as it was expressed, is to a.llow "consistent application across the County and from project to project" this provision violates that intent and leaves the policy open to inconsistent application and abuse. In discus.liing this s1.1.bj ect, the County Board should be aware that, at least in Woodburyts case, it appears that. th@ County is not suffering financially as a result of TIF projects. The Co~~ty is receiving in excess of $60,000 per year in taxes from the Woodbury V:i.llage development and in excess of $100,000 per y@ar from all districts in the City. 'I'he nat.ure of these commercial developments is such that the revenues that they generate for the County, even while in a TIF district, are clearly in excess of the costs they generate for the County. G. The policy should be amended to eliminate the requir@ments that cities provide right-of-wayn@eded for f~ture road expansions of roads taken over by the county. E~lanation If the policy is revised, as it should be, to be baSed o~ the City obligation only being to pa.y for enhancements to a road f04 local purposes, then when the Couney a~ees to take over a road it should accept the r@spon.liibility to acquire the right~of-way needed for future expansion of that road just as it would for any other road on the County system. The County has a responsibility for its own system which includ@s right-of-way just as much aa it as does cOnstruction. Cities have been, and will continued to be, happy to cooperate with the County in using their authority under the platting statues to require dedication at the time of platting. 7. The variance provisions of the proposed policy could b@ clarified. Exol anat ion While the City supports inclusion of a variance provision in the policy, it believes that the policy as drafted is not SUfficiently clear to minimize inconsistent application. It is deSirable to have a variance provision because their will be extra-ordinary circumstances in which the county may find it desirable to adopt a different approach than what the policy would suggest. A competition for a major business between a Washington County site and a sit@ in another county might be one instance where such a variance would be desirable. The wording of the variance provision, ho'Wev@r, is so broadly worded that virtually any project could argue that the policy either creates an unfair impact, provides economic benefit to the County, or has special factors that merit consideration. A similar comment applies eo the statement under VII. Right~Of-Way where it Bays that projects in which right-of-way has been preserved by the City will be eligible for review for a va.:riance. If the intent of this sElce10n is that cities Page 4 would be r:redited for the value ot the right-of-way that they have already acquired, the policy should be w:ritten to say that, otherwise the%:e are no standards to guidE!. t.1ecisions about whethe:r a varial1r:e will be granted or to what extent it will be granted. Because the acquisition ~y r:~ties of right-of~way through the platting process isa commOn occurrence, this type of situation should be dealt with more explicitly ~y the policy rather than by a variance provision whir:h by its nature should be limited to rare exceptions. The City does not believe that municipalities should assume the Cost of right-of-way acquisition, and as a result would not require a credit for preserving righe- of -way. If the County policy continues to impose this requirement on municipalities, however, then the Wording of this section of the policy should . be revised to give cities a direr:t credit fOr the value of the right-o:e -way which has been preserved. B. The propos@d policy inappropriately requires a city to provide electrical power to non-city signal systems ~lanation The proposed County policy requires a city to provide electrical pOwer to a site, pay for ongoing electrical energy costs and street lighting even when the city does not have jurisdiction of any roadways served by the si~al system. The City is willing to ar:cept this %:esponsibility when the aignal serves a City street as well as County road. However I when no City st~eets are directly served by the signal system the County should accept its responsibility to provide the approp%:iate traffio control to compliment the roadway system. 9. The county policy Should not be retroactive to projects Which are in prOCess. Exclanation The policy states it will apply to projects in the current CIP. The City is concerned how this or any other financial partie~pation policy may be applied to project$ which are currently in p%:ocess. The City feels projects for which tentative financing agreements have been reached should be completed in aCcordance with those agreements and should not be subjer:t to a new policy. This would apply to a number of projects which are currently underway but are not SCheduled for construction for several years and therefore appear in the County Five Year Capital Improvement Program_ Ifile: cty/fll . . . . . .- NUMBER OF MrLES FOR EACH CLASSJFICATION OF ROADWAY WASHINGTON COUNTY & THE CITY OF WOODBURY WASHINGTON COUNlY crrv OF WOODBURY TOTAL CLASSIFICATION EXISTING PROPOSED EXISTING PROPOSED EXISTING PROPOSED PRINCIPAL ARTERiAl 0 0 0 0 0 0 MINOR ARTERIAL 30 32 11 15 41 46 COLLECTOR 0 0 26 30 26 30 LOCAL 0 0 123 ----- 123 ----- TOTAL 30 32 160 ----- 190 ----- EXISTING FUNCTIONAL CLASSIFICATION I, ... JuriSdiction CITY 11=-= ,,-. ~.~ OF WOODBURY ~ :..~ --- 1 lI, 0: -r.j#.ff---' -. I~I - /) : . '71 I V : JI ~._ ._.. ,I i . " . i/ ::: -........""':':""_":'..---=.~-'===--- : u' ~, ~ ... _==- 'I'; : "~---L.._ .. L-_ Ii! .. r---.- .- :' ,~ ,i:.i-II....I, . ~ 1/; I .-.~ _ - 1/ i..b I -: ' I ., :. t . _ ~- .-;r.nr ~ -- --.' _~., _..._ Z _ -;;;=~._.~. .... ~. - i . - . - :- . == "t . ...- .= -. .. -- - - i ~= ~ .:_~. ..- .~-- -i --:.-- - -.._-- - - - - - _....~.----. - , ~- - - ; -- :---j --= - - r=.- _ IIfIIIIIItIt& -, ;~ .:..--.. L I I I I 1 ':' il~li_. >'"' ~ 'J>l :~1i ;. I I! ~i Jj . I \! .1 . ..... -.~,. -...... ~.....- City 1I111.1I1I11I1I1l County ULTIMATE FUNCTIONAL CLASSIFICATION _ .. - .....J -- r;J I I I I , I I ' . i , , I. ()-- :....J'I,. if r' :..-- ....,...:...:. __I I 'It. -J'= -! " . . --.-, - IT""- ~-----~ .:J~ ~ ..._----:-:' I r:.-; ., : il '.-' ~.j" ~:.;~i "..' :,--~~ --. j' I il I' i- 1--1 . I ,. r j! ,r- II II ,I I i I . . . , ~ \ \: .Olion CITY OF " ..---. -...... f _ _ .... 1:1::-- .....ow._~ ,]:::: .-- ~....... City 1994-1999 Capital Improvements ....-....._...~. - -...:,....~....... .. ---.._- ~ ;g I I f I -_.!._- . - - ,..~- WOODBURY i --........ -.. Jurisdiction CITY ft' :;- -. ,- :=::;- OF ~..... City - - -- . . .. . PROJECT COST BREAKDOWN Project Cost Miles 1994 $15,500,000 3.25 1995-99 $6,700,000 4 2000 - 2005 $5,100,000 3.25 10/7/94 . . , fl\ WASIDNGTON COUNTY OFFICE OF THE AUDITOR-TREASURER GOVERNMENT CENTER 14900 61ST STREET NORTH P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006 TEL: (612)430-6175 FAX: (612)430-6178 WRITER'S DIRECT DIAL NUMBER: (612)430-6195 e. Truth In Taxatl()n Eulletln 194-4 DATE: october 10,1994 TO: WaShington County Taxing Districts W FROM: R.H. Stafford, Auditor-Treasurer by Joanne Helm, property Mgmt Coordinator SUBJECT: proposed payable 1995 Tax Rates, PUblic Hearing Schedule Enclosed are the following: 1. "Table X", which is the calculation of your district's tax rate for truth in taxation purposes. Please check the certified levy column (A) and make sure the amounts listed are correct. Please sign it on the line provided, and return it to this office as soon as possible. If you find an error, please call me IMMEDIATELY at 430-6195 so that we can correct it before the proposed tax notices are printed. . . 2. Calendar of pUblic Hearings for all taxing districts in the county. REMINDER: Counties, cities over 1,000 in population, and school districts must advertise their pUblic hearing in an official newspaper of general circulation within the taxing authority. publication must be not less than two business days nor more than six business days prior to the public hearing. Cities of 1,000 population or less must post their notice in the three most public places within the taxing authority. The Department of Revenue has prescribed the form of the published/posted notice. Taxing districts must certify thier final adopted. payable 1995 levies to the Auditor-Treasurer by December 28, 1994. We will be sending out certification forms as we get closer to December. If you have any questions regarding the Truth in Taxation process, please contact us at the following numbers: Joanne Helm 430-6195 · Karen Greeder 430-6196 . SCHEDULE WASHINGTON COUNTY IITRUTH NOVEMBER 1[. ~ iTi. '7:.1 rr;1H!J, J.l/::1.."'t' . 30 IN TAXATION" HEARING DECEMBER 1994 . ,~" · ,7.!. Dee 1 lake St Croix Beach 7:00 p.m. School Dist 622 7:15 p.m. Newport 7:00 p.m. School Dist 832 7:00 p.m. St Paul Park 6:30 p.m. School Dist 833 7:00 p.m. Willernie 6:00 p.m. School Dist 834 7:30 p.m. Forest lake Township 7:00 p.n landfall 7:00 p.m. Birchwood 7:00 p.m. 7 .............................................................. School Dist 831 7:00 p.m. :::~~~~:~~:t~~;~~~~;;:~~~~li~~;: Pine Springs 8:00 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cottage Grove 7:30 p.m. Bayport 7:00 p.m. lakeland 7:00 p.m. Oak Park Hghts 6:00 p.m. St.Marys Point 6:30 p.m. Afton (cont) Hastings (cont) Lake Elmo (cont) ~: ~:~: ~; ~; ~: ~; ~; ~: ~; ~:~; ~;~: ~; ~: ~: ~; ~; ~; ~; ~; ~: ~; ~: ~; ~; ~;ili O~kdale (cont) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Stillwater/cont) .. .,..... ... . ;:;:12:::::;:;:;:;:::::::::;:::;:;:;:;:;:;:::;:::::;::::.":'13;:;:;:;:::;:;.::;:;::::::::::';:::;';:;:::;:::::;.;:: 14 * ............ ...... ............. . .. .... ............. .... ..... ::;:;:::;:;:::::;:::;:::;:::::::;:::;:;:;:;:::;:::;:;:;:::;:;: .;:;:;:;:;:::;:;:::;:;:::::;: ::;:;:;:;:::;.;: ;':.;:::;:::;:;:; Woodbury 6:30 p.m. ~~t~~t~~r~\F:~~A~~~r){( :~f:~~~~:1~~~j;~~i~tt~:-: ~:.~: ;~~~~~t ~~~t\COnl) Birchwood (conI) Lakeland (conI) Lake St Croix Beach (cont) Marine (conI) Newport (cont) Pine Springs (cont) St Marys Point (cont) :;;::::;:;::::::;:::::::::;::::::::::::::::::::::::::::::::::; ::::;;::::;;;:;:::;::;;:;::::;::::::;;;:;:;:::::;:;::;;::::::: ~~~:n~ee~~~:) cont) School Dist 200 7:00 p.m. School Disl 624 7:30 p.m. Marine 7:00 p.m. Dellwood (cont) Forest Lake City (cont) Forest Lake Township (cont) St Paul Park (cont) 'Init~/hBlJljngulfl.r Ihis I. would disallow the holding of a conlinf)I!Jlion hearing 8 School Dist 2144 7:30 p.m. Sch Dist 622 (cont) Sch Dist 832 (cont) Sch Dist 833 (cont) lakeland Shores 7:30 p.m. 15 Sch Dist 831 (conI) Sch Dist 834 (conI) Sch Dist 2144 (cont) Cottage Grove (cont) 2 9 Hugo (cont) 16 Lakeland Shores (cont) j . , j 3 10 17 e . e .<#1 . . DETERMINATION OF LOCAL AND AREA-WIDE LEVY BY MAJOR PURPOSE OF LEVY FOR TAXES PROPOSED IN 1995 RATE TYPE: DISTRICT TYPE: DISTRICT: 1 NET TAX CAP RA TE 2 MUNICIPALITY 62 STILLWATER CITY TABLE X COMPLETED BY COUNTY AUDITOR COUNTY OF WASHINGTON LEVY ITEM . 1994 CERTIFIED <LEVY ... .... (A) AREA-WIDE AREA-WIDE LEVY LEVy.... . PERCENT (FROM TABLE DISTRIBUTION VIII, col E) .. ---... .. (8) ..: :::, ::::':::::(C):"-: . . ,0(-. 19941994 LOCAL <.~.6.Y1995.. LOCAL ... AX CAPACITY.)~ITIAL,. LEVY (FROM TABLE TeJCRATE< (~)j~~~=(?t.... .....:~~-...... ... ....~0)(:((~=(Ff . .. LO~AL ... SPREAD. . LEVY . (E)X(F) =(C3)d (G) . 957,684.00 31.7163% 139,432.63 .818,251.3-' 8,405,519 20.984% 1,761,656.95 -18.886% 9.735% 818,277.27 1 GENERAL-OTHER 1 GENERAL-OTHER 3 DEBT 2,061,845.00 68.2837% 300,191.37 1,761,653.63 8,395,239 1 RURAL * TOTAL 3,019,529.00 100.0000% 439,624.00 2,579,905.00 2,579,934.22 TOTAL RATF F(1I:l <:,'C '<:CCI/lrC n'<:TC'rT n 30.719% h THIS FORM MUST BE SIGNED AND RETURNED TO THE AUDITOR- TREASURER'S OFFICE BY OCTOBER 17, 1994 ,..,.. I hereby certify that the above levy is the correct final levy of the governmental unit. , .-: DaB Signature Title it U IH . '. .- ".' · ;";~~~i::: .;;~f;i::d?;WJ~~":~l ,....."'......-.---.. '. . .~ -__u.............. 'I iiIY ~. FYI Oct. 11, 1994 RE: Charter Con~ission Appointment Process ~eeting:' Judge David Doyscher ~- Donald Valsvik, Charter Commission member steven Keister, Charter commission member Judge doyscher stated his position on Charter Commission appointments. 1. He guards and reserves his obligation to make appointments. 2. He wants to see all applicants names and resumes and does not object to the City Councilor Charter Commission endorsing names but all names and resumes should be forwarded for consideration. Since the statute allows at large or direct application to him, acknowledgement of that statutory fact is expected. 3. Adequate notice of time of vacancy and recommendation is expected as the court does not docket all the Cities Commission slots in the district. 4. Be expects and requests that the Charter Commission and the City Council be independent as a check and balance. . . . . Recommendations to the Charter Commission: Request City Administrator to pend member term expirations four months in advance of term expiration. a. Notice should be given to the Charter Commission Chairpe:rfJon. b. Notice of vacancy or term expiration also to be given to the City Council and Mayor. 2. Place notice in paper that applicants can apply to the Judge directly, or to the Charter Commission, or to the City Council for their respective endorsement to the Judge. 1. f ~ c...~ -1Il~~" (e ~ - J.;,~ .~. eA)-ov:Ll/~ ~;eN ~ · '1 j:At J-~~ , ~ cJ,{A_/Uvvt~ . v-IJ a-eu~/ . - O-AA€i ~ ~ - -v-. ,~_ Gr^--~L:~ a - c~ e1~......A"'~. . ~ 't.XAJ CV\...CA,~1 (LI~ A/ {:leu-' L ./ f~~\ ?l--.~ r - ~~~, co-"^'~~l--^-''^" ~ III )J, 1 OCT 13 · 94 11: 34 0948 PAGE.01 1. 9:00 2. 3. 9:00 4. 9:05 5. 9:10 6. 9:20 8. 9. 9:30 10. 9:40 TO 10:20 11. 10:20 TO 11:50 * * * * * * Date WASHINGTON COUNTY Dennis C. Heoberg Diatrict 1 Mary Hauser District 2/Chllir Wally Abrahamson District 3 Myra Paterson District 4 Dave Engstrom Diatrict 5 COUNfY BOARD AGENDA OCTOBER 18, 1994, 9:00 A.M. ROLL CALL CONSENT CALENDAR PUBLIC WORKS/HISTORIC COURTHOUSE - M. DEBOEF AWARD OF COMMENDATION RECEIVED BY HISTORY NETWORK SHERIFF'S OFFICE - K. BOYDEN, SHERIFF JAIL BUDGET GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR DISCUSSION FROM THE AUDIENCE VISlTORS At4Y SHARE nfElR CONCERNS WT17l71lE COUNIT BOARD OF COMMISS/ONERS ON ANY TTFM NOT ON 71lE AGENDA. 71lE CHAIR WlIL DIRECT 71lE COUNIT ADMINIS17tATOR TO PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPEI1110US OF PREVIOUS SPEAKERS AND TO LlMlT YOUR ADDRESS TO F1VE MINUTES. COMMISSIONER REPORTS - COKKENTS - QUESTIONS 7HIS PEIUOD OF 11ME SHAI.L BE USED BY 71lE COMMISS/ONERS TO REPORT TO 71lE FUlL BOARD ON COMMnTEE ACT1V111ES. MAKE COMMENTS ON At4T1ERS OF 1N7FREST AND INFORMA110N. OR JWSE QUESllONS TO 71lE STAFF. 11l/S AC110N IS NOT lNIl:NDED TO RESULT IN SUJJSTAN11VE BOARD AC110N DURING 11l/S 11ME. ANY AC110N NECESSARY BEClUSE OF DISCUSSION WlIL BE SCHEDUUD FOR A FUlURE BOARD MEEllNG. BOARD CORRESPONDENCE ADJOURN BOARD WORKSHOP WITH COMMUNITY SERVICES DEPARTMENT - ROOMS B & C HEALTH CARE ISSUES BOARD WORKSHOP WITH H.E.L.M. DEPARTMENT - ROOMS B & C SOLID WASTE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES .. eomaittee Tiae Location Oct. 18 Oct. 18 Oct. 18 Oct. 19 Oct. 19 Oct. 19 Oct._20 t. 20 Legal Assistance Mental Health Advisory Public Health Advisory Plat Commission HRA Board Transportation Advisory Private Industry Council MELSAjMetronet 12:30 p.m. 4:00 p.m. 5:30 p.m. 9:30 a.m. 1:00 p.m. 2:00 p.m. 8:00 a.m. 12:00 p.m. stillwater Perkins Oakdale City Offices Washington county Government Center Washington county Government Center 321 Broadway - St. Paul Park 230 E. 5th st. - Mears Park Centre Washington County Government Center MELSA Offices - St. Paul lfyou need assistance due to disability or language barrier, please call 430-6003 fTDD 439-3220) AN EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR ** OCTOBER 18, 1994 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY AUDITOR-TREASURER COMMUNITY SERVICES HEALTH, ENVIRONMENT, AND LAND MANAGEMENT SHERIFF ITEM A. APPROVAL OF RESOLUTION AUTHORIZING THE REPURCHASE OF TAX- FORFEITED PARCEL, PID 54877-6150 BY JOHN H. AND BEVERLY E. ZWIRNER, OWNERS. B. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH A.l'i.E. COMMUNITY SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. C. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH ADAPTED LIVING PROGRAMS, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. D. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH DUNGARVIN ALTERNATIVE SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. E. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH FOCUS HOMES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. F. APPROVAL OF AMENDMENT TO THE 1994 CONTACT WITH INDIVIDUALIZED LIVING ARRANGEMENTS, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. . APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH MAINS'L SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES - TO PERSONS WITH DEVELOPMENTAL DISABILITIES. G. H. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH MOM RUBICON, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. I. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH NEKTON, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. J. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH REM METRO SERVICES, INC. TO PROVIDE HOME AND COMMUNITY BASED SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES. K. APPROVAL OF CONTRACT WITH THOMAS ALLEN, INC. TO PROVIDE CASE MANAGEMENT SERVICES TO . PEOPLE WITH DEVELOPMENTAL DISABILITIES. L. APPROVAL OF CONTRACT WITH MERIDIAN SERVICES TO PROVIDE CASE MANAGEMENT SERVICES TO PEOPLE WITH DEVELOPMENTAL DISABILITIES. M. APPROVAL AND AUTHORIZATION OF EXECUTION OF AGREEMENT WITH THE CITY OF STILLWATER CONCERNING THE COLLECTION OF THE SOLID WASTE MANAGEMENT SERVICE CHARGE. N. APPROVAL OF REQUEST TO SUBMIT FOR PUBLICATION A NOTICE TO BID FOR THE WASHINGTON COUNTY JAIL FOOD SERVICE CONTRACT. ~ -*Consent Calendar items are generally defmcd u ileml of routine business, DOt requiriuj: discussion, IlDd approved in one vote. Coaimissionen may elect to pun a Consent Calendar itan(s) for discussion and/or lCparate action.