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HomeMy WebLinkAbout2005-08-02 CC Packet . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-14 Council Chambers, 216 North Fourth Street August 2, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. Library Project Update OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of July 19, 2005 regular meeting minutes .ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Adoption of Resolution for Certificate of Appreciation for Rod Hamble OPEN FORUM:' The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. . CONSENT AGENDA* 1. Resolution 2005-167, directing payment of bills 2. Resolution 2005-168, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Loggers, 231 E. Myrtle, Stillwater, MN 3. Possible approval of payment for easement 4. Possible approval of special event - Ascension Church - October 2, 2005 5. Possible approval of waiver of fees for Library Building Project 6. Possible approval of permit to sell 3.2 malt liquor - Ball Tournament - August 5-7,2005, applicant Brent Sharon 7. Deed Restriction on Park Land Purchase (Available Tuesday) 8. Resolution 2005-169, Approving Nationwide Retirement Solutions Loans to Participants Amendment to Plan "- PUBLIC HEARINGS \. ~ -A Adf-'"' UNFINISHED BUSINESS /~\ ~ ~ <\ U" . 1. Update on Streetscape project - Chamber . 2. Possible final plat approval of Settler's Glen 8th Addition (Resolution) (Tabled from July 5, 2005) 3. Possible approval of addendum to developers agreement for Settler's Glen 8th Addition (Resolution) (Tabled from July 5,2005) Tabled to next meeting 4. 4th Street/Elm Street Ravine improvement costs and possible accepting of quotes and awarding contract (Resolution) Tabled to next meeting 5. McKusick Lake Water Quality Report 6. Possible acceptance of bids and awarding contract for Boutwell Road Improvements (Resolution) (Available Tuesday) NEW BUSINESS 1. Discussion on proposal for community survey . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . . 2 .; . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2005-167 Action Rental Allied Camera Repair Ancom Communication. Inc Anderson, Robert Aspen Mills Associated Bag Company Befort, Stephen F Carquest Carquest Century Power Equipment Cingular Wireless Clark. Luann Coca Cola Comcast Coordinated Business Systems D & A Construction Daleo Drummond American Corp Felsch, Chris Fury Dodge Galles Corp Gall's Hennepin Technical College Hillyard Holiday Humane Society IKON Integra Telecom, Inc Johnson Controls Knauss, Chantell Kwik Trip Lake View Hospital Legran Homes Magler, Jeff Menards Minnesota Revenue MN Dept. of Admin Napa Auto Parts Newman Traffic Signs Office Depot Office Max OnSite Sanitation . Orrin Thompson Homes . Concrete, Liquid Propane Maintenance to investigative Camera Batteries, Earpiece Low Noise Kit Refund SpeCial Assessment Payment EC Clear Audio Tube 12" 4 I'vll1 Poly Tubing Arbitrator Cancellation Fee Equipment. Vehicle Repair & Supplies Auto Diagnostic System Equipment Repair Supplies Cell Phone Cleaning At Public Works Soda for Concessions Cable Work Performed on Laser Fax Desktop Moved for Office Relocation Hand Soap & Rubber Gloves Mark Remover & Glass Cleaner Water & Gatorade for Lumber Jack Days T ouchup Paint Antibacterial Lotion Soap Do Not Cross Barrier Tape Training Class for Chad Jansen Hose, Gun Assembly. Blade Squeegee Unleaded Gas 2nd Quarter Billing Maintenance Agreement Telephone Equipment Repair Mileage & Garbage Bags Car Wash Coupons Legal Blood Draw Grading Escrow Refund Training Reimbursement Equipment Repair Supplies Hazardous Waste Tax for VSQG'S Wide Area Network Fees Vehicle Repair Charges Blank Signs Office Supplies Office Supplies Portable Restroom Rental Grading Escrow Refund 202 36 16500 631 55 1,56312 21784 8709 22500 60.51 5,52389 76.40 4712 28000 538 00 6833 115 00 300.00 8632 80606 8450 428 13594 6809 24750 190.48 36.50 2,26625 1,39021 911.13 56400 9188 600.00 4000 3,00000 825.00 19205 64.54 140.83 9359 122.69 267.44 355.90 2.23813 1,50000 EXHIBIT" A" TO RESOLUTION #2005-167 Parts Associates Inc PC Solutions Peltier, Jennifer Peltier, Joseph Porta Pot Sanitation LLC Quill Corp Reed Business Information River Valley Printing Rose Floral Rottlund Homes Short Elliot Hendrickson Spartan Promotional Group Sprint PCS Stillwater Collision & Restoration Stillwater Equipment Company Stillwater Gazette Stillwater Motor Company Stop StICk Streicher's Stripe A Lot TA Schifsky & Sons, Inc TruGreen Uniforms Unlimited, Inc United Laboratories United Rentals Vacuum Excavating Services Van Paper Co. Viking Industrial Center Wal-Mart Wally Carson & Sons Wear Guard Wells Fargo Wet Technologies Yocum Oil Zee Medical Service MANUALS JULY 2005 MN Historical Society Postmaster Stillwater Township Washington County Recorder Wheel Weights, Tools, Hose Maintenance Agreement Tuition Reimbursement Grading Escrow Refund Rental. Police Command Post LJD Office Supplies Construction Bulletin, Boutwell Road Imp Inspection Worksheets, Business Cards Bedding Plants Grading Escrow Refund General Transportation Services/Engineering No Parking Signs PCS Vision Connection Card Service Charge Body Work on Squad Car Safety Equipment Meeting Notice City Council Equipment Repair Supplies Stop Sticks Police Vest Parking Stall Marking Asphalt Weed Control for City Parks Holster, Clips, Cartridge, Taser Brake Parts Cleaner, Duo-Zyme Aerosol Drill & Accessories Clean Storm Water Sediment Pond Toilet Tissue Vests & Small Tools Batteries & Pliers Diesel Fuel for Rec Center Uniform Shirts for Inspections Paying Agent Fees Cooling Water Treatment Diesel Fuel, UL Gas First Aid Supplies Conference for Planning Dept. Postage for Utility Billing 2005 Annexation Payment Recording Fees for New Use Tax Forfeiture Page 2 " 51437. 4800 844 13 5.00000 9053 17383 17372 310 98 452 09 3,00000 1,12878 1,534 73 6583 1,14872 3302 32.40 1 20 400 50 83595 25000 960 17 4,119.45. 666 33 75678 2,66997 535.00 50.06 20864 38.87 95712 270.84 37500 57529 5,40207 11358 350.00 2,05462 1,64289 276.00 . , EXHIBIT" A" TO RESOLUTION #2005-167 . ADDENDUM TO BILLS . 10.000 Lakes Chapter of ICC A W I Diversified Abrahamson Nurseries Anderson, Wendy Arcon Construction Board of Water Commissioner Building Codes and Standards Division Carquest Curley. Elizabeth Galles Corp Gary's Fence Co. Hosch, Greg Jansen's Cleaning Service Kaye, Andrea Legislative Associates, Inc Magnuson Law Firm Markie, Laura Melstrom, Jeff Menards Met Council Nextel Northern Escrow Office Depot OnSite Sanitation Plant Health Associates Owest Reiter, Don Shore land Management Publications Signal Pro Equipment Stork Materials Technology Strelchers TA Schifsky & Sons The Wilson Bohannan Co Verizon Volkman, Jeff Xcel . Page 3 Conference Fees for John Nobles Tire Storage Rack Plants for the North Hili Benson Pond 4 on 4 Refund North Hill Phase 3 July Water Access Char~J8s Conference Fees for John Buckley/Cindy Schilts Vehicle Repair Supplies 4 on 4 Refund Garbage Can Liners (Parks) Chain Link Fence for Skate Board Park 4 on 4 Refund Cleaning for the Month of July 2005 4 on 4 Refund Billing for July Services Services July 18th - July 29th Refund Parking Fine Work Boots Small Tools (Engineering), Misc Supplies July Service Availability Charges (SAC) Cell Phone Stillwater Prison Wall/Stairway Manhole Repair Office Supplies (Police, Parking) Special Event Service, Lumber Jack Days Billing for 05/01/05 - 06/30/05 Phone 4 on 4 Refund How-To Manual 2 Riding Mowers 2005 Street Project/North Hill Cuff/Mag Holder, Belt Loop Asphalt Tube of Powdered Graphite Cell Phone Refund for Ice Rental Electricity & Gas TOTAL 6000 1.80000 10.452 10 100 00 274,71405 34.94700 140.00 1781 100.00 1.16581 4.40000 100 00 30000 10000 3.83333 6.19583 3000 7500 257.49 61,72650 86456 93.57824 60853 2.21250 1.181 99 3859 100 00 3300 14,16599 93630 3722 199.36 12918 304 38 37320 32,920.40 612.68434 ~ . . . . \1emo DATE: August 23, 2002 TO: Mayor and City Council Sharon lJarriSOO~U) Finance Director ~~ FROM: RE: Dec]aration of Covenants and Restrictions BACKGROUND In 2005, the City purchase land from the Munk]ewitz's for park lanel. The City also received a grant award from the MN DNR in the amount of $200,000 to purchase that land. As part of the grant award the DNR requires that the City put a restriction (covenant) on that land so that this land can only be used for park land use. Attached is a copy of that covenant. RECOl\IMENDA TION Staff recommends approving the attached covenant pursuant to DNR grant award regulations. "" i . . . DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this day of August, 2005, by THE CITY OF STILL \VA TER, a Minnesota municipal corporation (hereafter referred to as "Declarant"). WIT N E SSE T H: WHEREAS, Declarant is the owner of the parcel of real property located in the City of Stillwater, County of Washington, State of Minnesota, (the "City") legally described as: That part of the East Half of the Northwest Quarter of the Southeast Quarter of Section 109, Township 30, Range 20, Washington County, Minnesota, which lies southerly of the southerly right-of-way line of the former Burlington Northern Railroad Right of Way except the south 215.00 feet of the east 308.0 feet thereof. (the "Subject Property"); and The City imposes the following restrictions on the Subject Property: WHEREAS, Declarant has been awarded a grant by the Minnesota Department of Natural Resources ("Mn DNR") for improvements to be made on the Subject Property; and WHEREAS, Declarant desires to subject the Subject Property to the covenants and restrictions that arc hereinafter set forth, each and all of which is and are for the benefit of the City and the Mn DNR. NOW THEREFORE, Declarant hereby declares that the Subject Property is and shall be held and occupied subject to the covenants and restrictions hereinafter set forth. ARTICLE I. That from and after this date, the Subject Property shall be one parcel and permanently managed and maintained for public outdoor recreation purposes consistent with the approved grant agreement described as Grant No. L W27~O I 363, A 72661. ... ~ Further. the Dec]arant covenants not to at any time convey any portion of the Subject . Property to uses other than publJc outdoor recreation uses specified in the approved grant agreemcnt \\ithout the prior written approval of the Mn DNR. ARTICLE II. Th~lt this covenant shall be enforceable by the Mn DNR. ARTICLE HI. That all provisions of this Declaration shall appurtenant to anc! nm with the title to the Subject Property and be binding upon the Subject Property and shall inure solely and exclusively to the benefit of the State of I\linnesota and its Department of Natural Resources. This DeclaratIon may be clarified, amended, modified, terminated, or released at any time and from time to time by a written instrument executed by the City and the Mn DNR, without signature of any other persons. CITY OF STILL \V A TER Jay L. Kimble, Its Mayor ATTEST: . Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF W ASHTNGTON ) The foregoing instrument was acknowledged before me this day of August, 2005, by Jay L. Kimble, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public TIllS INSTRUMENT WAS DRAFTED BY: David 1. !\lagnuson (#66400) Magnuson Law Firm 333 North I\lain Street, Suite 202 Stillwater. I\IN 55082 651/439-9464 (telephone) 651/439-5641 (fax) . 2 . . e \1e~no DATE: August 2. 2005 TO: j\vlayor and City Council Chantell Knauss JJl..A 1\ 11/}/l Director of Adl~(t:l=. FROM: RE: Nationwide Retirement Solutions Loans to Participants Amendment to Plan Document Back!!round The City offers deferred compensation, supplemental retirement plans (457K) to eligible employees who may choose to voluntarily participate. One of the plans is administered by Nationwide Retirement Solutions (NRS, formerly PEBSCO). Employees who participate in 457K Plans, contribute their own pre-tax dollars. no City funds are contributed. Recent IRS changes allow employees to take a loan from their account, provided that the Plan Sponsor (the City) makes an Amendment to the Plan Document. In reviewing the attached Amendment to Plan Document. it appears that the full responsibility of the loan and administrative costs are borne fully by the employee taking the loan and does not appear to detrimentally affect other employees participating in the Plan or the City as a Plan Sponsor. Recommendation Staff recommends the City Council adopt the attached Resolution approving the Loans to Participants Amendment to Plan Document for the Nationwide Retirement Solutions Deferred Compensation Program. RESOLUTION NO. 2005-169 APPROVING NA TJON\VIDE RETIREi\lENT SOLUTIONS LOANS TO PARTICIPANTS AMENDMENT TO PLAN BElT RESOLVED. by the City Council of the City of Stillwater. rvlinnesota that the attached Loans to Participants Amendment to Plan Document for Nationwide Retirement Solutions (a.k.a. United States Conference of Mayors Deferred Compensation Program) is hereby appnn.ed. Adopted by the City Council this 2nd clay of August 2005. .lay L Kimble, Tvlayor ATTEST: Larry D. Hansen, Acting City Clerk . . e _I - I _ c - 1 J - 1 1 f 7 i " I , Lei I. 1 L'L I'Ir J 01 `i C. )' C_C �U LI "JYJ001 u r- . I_I// un •,) THE UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAhI THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES LOANS TO PARTICIPANTS AI IENDMENT TO PLAN DOCUMENT ''V IEREAS, PLAN SPONSOR executed the above referenced Plan Document, as amended: and WI]ERFAS, effective August 2, 200�PLAN SPONSOR now desires to further amend the plan document. The following Section 8.06 is hereby addcd: 8.06 Loans to PARTICIPANTS (a) PLAN SPONSOR has elected to make loans available to PARTICIPANTS and has delegated certain administrative duties regarding loans from the PLAN to the ADMINISTRATOR. (b) Any loan by the PLAN to a PARTICIPANT under this Section shall be; subject to the loan administrative procedures established by the ADMINISTRATOR as well as the following requirements: (1) Loan Fligibility. Any actively employed PARTICIPANT may apply for a loan from the PLAN. A PARTICIPANT who has defaulted on a previous loan from the PLAN shall not be eligible for another loan from the PLAN until all defaulted loans are repaid in full, including accrued interest and fees. (ii) Loan Application and Loan Agreement. A PARTICIPANT must complete and return to ADMINNISTRATOR a loan application. A non- refundable application fee established by ADMINISTRATOR will be deducted from the PARTICIPANT'S ACCOUNT(s) at the time of loan origination. Before a loan is issued, the PARTICIPANT must enter into a legally enforceable loan agreement as provided for by the ADMINISTRATOR. (iii) Loan Repayment. The PARTICIPANT receiving a loan shall be required to furnish to ADMINISTRATOR any information and authorization necessary to effectuate repayment of the loan prior to the commencement of a loan. Loan repayments will be made by payroll deduction with after-tax income. The repayments will be invested based upon the PARTICIPANT'S current investment specifications- I)C-,006-iio- (iv) Loan Term and Interest Rate. The maximum term over which a loan may be repaid is five (5) years (fifteen (15) years if the PLAN SPONSOR permils loans for the purchase of a PARTICIPANT'S principal residence), Each loan shall be anioriized in substantially equal payments consisting of principal and inicrest rluriTi the term of the loan, except that ttte amot:nt of the final payment inay be higher or lower. 'rhe ADMINISTRATOR shall establish the interest raie for an` loan. (v) Loan Frequency, Each Participant may have only one (i) PLAN loan outstanding at an}' given time. A PLAN loan which is in default. even if the defaulted loan was treated as.a "deemed distribution" under federal regulations, shall be treated as an outstanding loan until such PARTICIPANT'S account balance is offset by the amount of principal and accrued interest under the loan. A PARTICIPANT will be granted a loan no more frequently than two (2) times in any twelve (12) month period (v1) Default. The PARTICIPANT must pay the full amount of each loan payment (principal and interest) on the date that it is due. Failure to make such a payment by the due date, or within any cure period established by the ADMINISTRATOR, shall cause the PARTICIPANT to be in default for the entire amount of the loan, including any accrued interest. A loan will also be in default if the PARTICIPANT either refuses to execute, revoke, or rescind any agreement necessary to comply with the provisions of this Section or the loan administrative procedures established by the ADMINISTRATOR, commences or has commenced against PARTICIPANT a bankruptcy case, upon the PARTICIPANT'S SEVERANCE FROM EMPLOYMENT, or upon the death of the PARTICIPANT. (vii) Loan Security. By accepting a loan, the PARTICIPANT is giving a security interest in their vested PLAN balance as of the loan process date, together with all additions thereof, to the PLAN that shall at all times be equal to 100% of the unpaid principal balance of the loan together with accrued interest. (viii) Loan Amount. The maximum amount of any loan permitted under the.,- PLAN is the lesser of (1) 50% of the PARTICIPANT'S vested aecouait balance less any outstanding loan balances under the PLAN or (ii) $50,000 less the highest outstanding loan balance during the preceding; one-year period. The ADMINISTRATOR shall establish the miinimu loan amount. khc PARTICIPANT and not the ADMINISTRATOR shall at all times remain responsible for ensuring that any loan receivefl tinder the PLAN is in accordance with these limits with regard to nny'�' oc-aobl�'i'i�@ J UL U:D ZUVI�) 1 J • 1 L 1',H I 1 UNW I Ur b1 -� �_ =1 i:IuLld I U "-j I b71 4JUL;u 1 ✓J - . VJa/ Liu other loans received by the PARTIC 113ANT under any other plans of the PARTICIPANT'S employer. (ix) Loan Maintenance Fee. until a loan is repaid in full, an annual loan maintenance fee established by ADMINISTRATOR will be deducted from the PARTICIPANT'S ACCOL�'T(s). (x) Loan Default Fee. At the time when a default occurs, a loan default fee established by ADMINISTATOR will be deducted from the PARTICIPANT'S ACCOUNf(s). (c) The ADMINISTRATOR shall fix such other terms and conditions necessary to the administrative maintenance of the provisions of this Section and as necessary to comply with the IRC and regulations there under fN WITNESS WHEREOF, the undersigned has executed this Amendment this 2nd day of August , 2005 City of Stillwater (blame of PLAN SPONSOR) i By: Jay L Kimble, Mayor Larry D. Hansen, Acting City Clerk THE UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM PARTICIPANT LOAN ADMINISTRATIVE PROCEDURES Nationwide Retirement Solutions, Inc ("NRS"), as Third Party Administrator of the United States Conference of Mayors Deferrers Compensation Program. adminislel's your Deferred Compensation Plan for Public Employees ("Plan"). Recently iss7 jod proposed regulations, under internal Revenue Code Section 457 provide that eligible governmental 457(b) plan-, may permit Ioans to Participants- NRS recommends that you, as Plan Sponsor andlor Employpi (hereinafter Wiklclively referred to as "Plan Sponsor"), consult with your own legal advisor in determining whother you.wistt to add this optional feature to your Plan. In the event that you decide to offer loans from your Plan to Participants, you will need to return to NRS at Nationwide Retirement Solutions, PO Box 182797, Columbus, OH 43272-8450 Attn: Loans Administrator a fully executed original of this document and a fully executed original of the enclosed Plan pacurfion t-Ame-ndment---NRS-cannoLbegin..youur F?lan until it receives fully executed originals of both of these documents NRS may need from time -to -time to make changes to the administrative procedures set forth herein and in the Plan Document Amendment. In such a case, NRS will provide you with timely notice of such changes as they become necessary. The following administrative procedures shall govern the making of loans from your Plan 1. Loan Administration. Plan Sponsor delegates to NRS certain administrative duties regarding the administration of loans from the Plan, which are set forth herein and which may be modified by NRS upon timely notice to Plan Sponsor. 2. Loan Eligibility. Any Participant in the Plan is eligible to receive a loan from the Plan Each Participant is entitled to one (1) loan at any time- In addition, a Participant who has defaulted on a previous loan shall not be eligible for another loan from the Plan until all defaulted loans are repaid in full, including accrued interest and fees. 3. Loan Application and Loan Agreement In order to receive a loan from the Plan, an eligible Participant must complete a loan application and return it to NRS. A loan application fee of $50.00' will be deducted from the Participant's account(s). Before a loan is issued, the Participant most enter into a legally enforceable loan agreement as provided by NRS. If the source for a single loan includes both the Participant's Deferred Compensation and Eligible Rollover Accounts, the Participant will be required to complete a loan application and loan agreement for each account which will be treated as separate and distinct for all purposes herein except that they will be considered a single loan for purposes of Sections 2, 6 and 10 herein. 4. Loan Repayment/Maximum Loan Term Repayment of any loan made to a Participant shall be made in a manner and pursuant to the terms set forth in the loan agreement. The Participant receiving a loan shall be required to furnish the information and authorization necessary to effectuate the foregoing payments prior to the commencement of a loan. The maximum term over which a loan may be repaid is five (5) years (fifteen (! 5) years if +he Plan vnroncnv r permits- Inane fnr the nr. i.Irr h::mo of [Ho P?rtid,..nr a.�.n, i's nrr.'. nr-'I.rr1a-1 reSidpnrPl In the event that a Participant or his or her Deneflciary or spouse elects to receive a distribution fron, the Plan (other than a distribution due to an unforeseeable emergency or other in-service withdrawal) at a time when such person has a Plan loan outstanding, the principal and any accrued interest with respect to such loan shall N,, e fees, ra[c­ and mininu[ms arc s!,bIcl- l ;o c ,,ar,,'c b)• ",RS coon rmason:[hl: nell� : ,o P13n Sponsor. Loan fees -ill. ; r dn;m�.[rail, c ch,[r�c� on Paal�l,an� �!„[cr:•.,nt:. _-_ �VWO 1_, rIZ .`.HI 1,41),11 jr be deducted from the amount of the distribution. If the amount of such distribution is not sufficient to repay the outstanding balance of the loan (including principal and accrued interest), the Participant, or his or her estate, if applicable, shall be liable for and shall continue to make payments on any balance still due from him or her. 5_ Loan Amortization. Each loan shall be amortized in substantially equal payments consisting of principal and interest during the term of the loan. Payrnents of principal -ind irlerest shall be made in a manner and pursuant to the terms set forth in 0-,c loan agreement on a montt;ly tyasis in equal amounts, except that the amount of the final payment may be highiur or lower. Before the loan is made. the Participant will be notified of the date on which the first payment will be deducted and the dates on which subsequent payments are due. 6. Loan Frequency/Renegotiations. Lach Participant may have only one (1) Plan loan outstanding at any given time A Plan loan which is in default, even If the defaultud loam was treated as a "deemed distribution" under federal regulations, shall be treated as an outstanding lean until such Participant's account balance is offset by the amount of principal and accrued interest under the loan. A Participant will be granted a loan no more frequently than two (2) times in any twelve (12) month period. Under no circumstances may loan terms be renegotiated. A new loan shall not be granted prior to the repayment of an outstanding loan. 7. Default The Participant must pay the full amount of each payment (principal and interest) on the date that it is due by having sufficient funds in the account designated for loan payments through the. ACH process If NR5 is unable to process a payment on the date due berau5e the Participant fails to have sufficient funds in the account on that date, NRS will assess a fee of $25.00 that will be deducted from Participant account(s) and will send written notification to the Participant. The Participant shall be in default for the entire amount of the loan UNLESS the Participant does each of the following: 1) contacts NRS at the Deferred Compensation Service Center, 2) mutually agrees with NRS on a date, which is within 30 days of the missed payment on which funds sufficient to cover the missed payment will be in the account and; 3) actually pays the missed payments Failure to make such a payment through mutually agreeable terms shall cause the Participant to be in default for the entire amount of the loan. No additional loans shall be made to a Participant who has defaulted on a Plan loan and who has not repaid all defaulted loans in full, including accrued interest and fees- 8- Loan Prepayment. The entire amount of a loan, including outstanding principal and any accrued interest, may be paid without penalty prior to the end of the term of the loan in the manner prescribed by NRS. However, payments made that are less than the remaining principal amount of the loan and any accrued interest with respect to the loan, or which are not paid in the form prescribed by NRS, are not permitted 9 Loan Security. By accepting a loan, the Participant is giving a security interest in their vested Plan balance as of the date of the Loan Process Date, together with all additions thereof, to the Plan that shall at all times be equal to 100% of the unpaid principal balance of the loan together with accrued interest. 10, Maximum/Minimum Loan Amount. The maximum amount of any loan permitted under the Plan is the lesser of (1) 50% of the Participant's vested account balance (not including any value attributable to applicable life insurance or deemed IRA account) less any outstanding loan balances under the Plan or (ii) $50.000 less the highest outstanding loan balance during the preceding tine -year period. The minimum loan amount permitted is $1.000.00'. Loans shall be matte in accordance with these limits and those. limits imposed under federal regulations without regard to any other loans received by the Participant from any ol,her investment provider under the Plan or any other plans of the employer The Participant and not NRS shall remain at all times responsible for ensuring that any loan received under the Plan is in accordance with these limits with regard to any other loans received by the Participant Lander any other plans of the Participant's employer. Any tax reporting required as a result of the receipt by a Participant of a loan that exceeds the limits imposed by federal regulations shall not be the responsibility of NRS, unless it is determined that such limits were exceeded solely as a result of a loan made through NRS as service provider (;onsenuently, NRS shnii not be required to account for loans made pursuant to a plan other than this Plan or loans mare tinder ihis Plan that are made by These lee:. r;111.s and minimums ar �Uhjcct to 01a111_e i v -:Rs u,"m rc3; )f-,A!c nwicc cn Pkin Sponsc,r Loin fees v ill nrpc aN as cur_ F.,,-- 13:1 FP HPTlorILJiP� r;es ,i 4 P5d 8ER68 ro r�� ,r_,�� ��,�Bi� P.��2/r.8 an investment provider other than Nationwide Life Insurance Company. 11. Suspension of Loan Payments. NRS may suspend a Participant's obligation to repay any loan under the Plan during the period in which the Participant is performing service in the uniformed services as may be required by law At the expiration of any suspension of loan payments period, the outstanding loan balance, including any accrued interest and fees, will be re -amortized and the Participant will be required to execute an amended [-can Agreement- 12 Loan Interest Rate. The interest rate for any loan shall be established by NRS- These interest rates shall commensurate with interest rates being charged by entities in the business of lending money under similar circumstances. Generally, the rate assumed will be Prime Rate + 1.00%". The Prime Rate shall be the prime rate published by the Wall Street Journal two weeks prior to the end of the most recent calendar -year quarter NRS may adjust the loan interest rate for loans to Participants entering active duty in the military services as may be required by law- 13. Annual Loan Maintenance and Asset Fees. An annual loan maintenance fee of $50.00" will also be deducted from the Participant's account until the loan is repaid in full. The amount of the outstanding loan ; l]a1 rr writ bey❑bject to the maximum Variable Account -Annual Expense+ee-applicable under--the-Plan-al the time the loan is issued. 14. Loan Default Fee. At the time when a default occurs, a $50 00" loan default fee will be deducted from the Participant's account. This charge will only affect Participants who fail to make a required loan payment. The undersigned Plan Sponsor hereby adopts these Participant Loan Administrative Procedures, effective for loans issued on or after the effective date set forth in the Loans to Participants Amendment to Plan Document and instructs NRS to administer loans made to Plan Participants in accordance with these terms. The Plan Sponsor acknowledges the following: (i) that the Plan Sponsor has decided to offer loans under the Plan and is instructing NRS to administers loans under the Plan-, (ii) that it understands that, as a result of offering loans under the Plan, the Plan Sponsor, its Participants, and/or the Plan Could be subject to adverse tax consequences-. (iii) that the Plan Sponsor has independently weighed this risk and has determined that offering loans under the Plan is in the best interest of the Plan Sponsor, its Participants, and the Plan, and (iv) NRS shall not be liable for any adverse tax consequences described in (ii), except as specifically stated under paragraph 10 herein, resulting from the Plan Sponsor's decision to offer loans under the Plan. Thc�ic: Cces, rates, ,ind minimums are ubteci to chan�c by NRS upon r ,)sonahle noucc to Plan Sp i ,nr I_nan Iccti will .iphc:n ;s ndmim�Lratr, c charge on PartictF_int Siatcntcnts I UL 'U 1 j : 1 _i F K NH I i UNW 1 UL NN,S b14 8)4 FIUbH 1 U F.-UH/08 Plan Sponsor City of Stillwater, Minnesota or Employer: Plan Name Nationwide Retirement Solutions (a.k.a. U.S. Conference of Mayors Deferred Compensation Program) Lai Jay L. Kimble Larry D. Hansen Contact i ss@c cknau.stiIlwater.mn.us E-mail Address:_ _ � -- Its; Mayor Acting City Clerk Date: August 2, 2005 ` These fees_ rates. and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appeal as administrative charges on ParPtici ant Statements. 0802 .REATER STILLWATER Chamber of Commerce P.O. Box 516, 106 S. Main Street. Stillwater, MN 55082 Phone:(651) 439-4001/651) 439-7700 . Fax:(651) 439-4035 . www.ilovestillwater.com HU!:lP~1rt . LaJl~ Elm4 . Oak ffifk H~fJhts . Stillwater Stillwater Streetscape Trial Project August 1,2005 - October 31,2005 Historic District Specific Proposal Outline Last night the members of the Historic Preservation Commission had an opportunity to review the Streetscape Trial Project proposal package sent to the Stillwater City Council. They expressed support of the concept with the suggestion that we provide specific, detailed proposals for your review so that you had a better idea of what types of enhancements we were suggesting. On the second and third page are listed specific projects that the businesses have proposed. The criteria for their proposals were established by the work group consisting of a City Council member, a HPC representative and several businesses. . The criteria were: . To maintain a clear pedestrian walkway of at least a 5-feet. . That merchandise displayed will be primarily for symbolic purposes and with no items for sale. . Any signage will be in attractive settings (as part of a display, framed attractively, not including store names, etc.) We have received 36 positive responses to the proposal presented to the businesses. Of those, 29 businesses have identified specific ways in which they would like to participate. Summary or enhancements: The trial period enhancements include benches and seating areas, a bike parking area, improvements to lighting, displays of art and symbolic merchandise, chairs & tables, signage including flowers and artistic displays and interactive art activities. The Stillwater Historic District and the Greater Stillwater Chamber of Commerce would like to work with the City of Stillwater on the Streetscape Trial Project. . The Streetscape Committee of the Greater Stillwater Chamber of Commerce. August 2, 2005 . Page 2 Specific enhancements: The following businesses would like to participate in these specific ways. There may be additional businesses choosing to participate at a later date and they would be expected to follow the same criteria. We would consider them as part of this project. (The numbers correspond to the locations on the attached map.) . 115 - Trade Winds Spice Shop located in the Brick Alley Building · Install seating and planting in a shady area on Main Street in front of the store. 110 - Joseph Wolf Building . Add a fountain, signage, lighting and a water garden. 109- PJ Asch located on Nelson . Provide a bicycle parking area 106 - Kelly Gallery . Place tasteful items outside the door, perhaps a unique piece of art that would attract customers, to communicate that they have unique art, utilizing signage, flowers to attract people. 99 - Alfresco · Place a sidewalk display with flowers and signage, a chair or bench inviting customers in. 99 - ArtRageous . Place a sidewalk display with flowers and signage inviting customers to come upstairs 97 - Grand Games · Place a small table and two chairs on sidewalk with a sign inviting customers to enter the store to borrow a game to play (checkers or chess) at the table. 90 - American Gothic Antiques . Place a few large heavy display items on the sidewalk. 87R - Angel Girl Rug Hooking · Places a sidewalk display with flowers and signage inviting customers to walk around the comer to a fabulous rug hooking shop on Water Street. 84 - Stella · Place a small item from the store that is representative of what is inside. 76 - Cockadoodle Doo . Display non-for sale items on the sidewalk. 76 - Katydid . Add another bench and more flowers. 70 - Salad Shoppe · Install a smaller bench or a bistro table and chair for display. 54 - Willoughby's Arts/Antiques located on Chestnut . Display non-for sale items on the sidewalk that represent by their presence the nature of the merchandise for sale inside the store. . . Page 3 . 52 - St. Croix Drug Co. · Add lights on front door and back door awning · Add a bench in the north end of awning on Main Street 48 - Tamarack Gallery · Group lovely flower plantings, creative signage, sculpture and seating for shoppers to rest on. 47 - Local Color On Main . Bench 45 - Stillwater Antiques · Add two benches with existing flowerpots. · Install banner flags that say Antiques 26 - Wine Styles · Place a bench and a large planter in front of the store . Place a chair and a small table 17 - The Valley Bookseller · Place a 40" by 8" kiosk 6 feet tall with a thatched cover to hold plexi-glass covered information about local art project · Place a bench in the garden with pavers in front of it. · Place a cream separator planter with some information about the Maple Island Building. · Install a perpendicular sign for the store from the West side of the building · Install an open flag sign on the east side of the building 15 - River Market · Add another bench on Main Street in front of the building 14 - Images of The Past · Add a bench to the garden area 13 - Northern Vineyards · Place an art piece with a sign inviting people to activities on the Deck The following businesses proposed the following activities be included as an element of creating the vitality of the streetscape during this trial period. . 97 - Daily Grind · Give out free samples on busy afternoons and weekends. 97 - Stillwater Art Guild and Gallery · Produce a special art project that attracts people to their gallery. 50- Country Charm Antiques · Hold art contests for kids with sidewalk entertainment 55 - Alesci Furniture Gallery · Have performers in front of the store Mulberry C07 Commercial z z Myrtle Q Q P 3 hr GAS 0 STATION I ALL DAY P 4 h r 2 Water Street Inn as 0 w h 0 IT14hr r GRAIN ELEVATOR � 7 BRICK ALLEY P i Lift x �yr4�s C t0 0 0 ALL► DOCK CAFE St. Croix River . , . . . SETTLER'S GLEN 8TH ADDITION ADDENDUM TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF STILLWATER AND US. HOME CORPORATION FOR SETTLER'S GLEN Master Development Agreement Dated April 3, 2001 This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax DRAFT: 08/02/05 . , . . . 8TH ADDITION ADDENDUM TO DEVELOPMENT AGREEMENT FOR SETTLER'S GLEN Originally Dated April 3, 2001 This Agreement made this day of , 2005 between the City of Stillwater, a political subdivision of the State of Minnesota ("City") and U.S. Home Corporation, a Delaware corporation ("U.S. Homes") (the "Developer"). 1. INTRODUCTION. U.S. Homes and the City executed a Master Development Agreement for the development of Settler's Glen, a residential community, on April 3, 2001 and the purpose of this Addendum is to facilitate the build-out of Settler's Glen 8th Addition and the installation of public improvements needed to serve the eighteen (18) single family within the 8th Addition Phase of the development. A description of this phase (the "Project") is attached hereto as Exhibit A. 2. SAVING. The Master Development Agreement will remain in force and effect except as expressly modified in this Addendum and for the purposes of this Addendum is restated as if set forth verbatim. 3. PUBLIC IMPROVEMENTS. The City is willing to allow the Developer to construct and install the public improvements for this phase. 4. SECURITY. Security for the costs of the Public Improvements for this Phase of the Project required by ~5 of the Master Development Agreement is in the amount of $ 5. CONDITIONS OF APPROVAL. The conditions of approval for the final plat of the property, as set forth in Resolution 2005- enacted by the City Council on August 24, 2005, must be satisfied for the property as well as any applicable conditions imposed on the preliminary plat and Planned Unit Development permit set forth in City Resolution 2000-205 enacted by the City on July 18, 2000. 6. HOUSE DESIGN AND COLOR. The house design for Lots 13, 14 and 15 must be the style noted on Exhibit B and finished in earth tone colors. The final plans and color choices must be reviewed by the Community Development Director and approved before building permits are issued for these lots. 7. LANDSCAPE. TRAIL AND NATURAL AREA PLANS. The Landscape Plan, Trail System and Natural Area depicted on Exhibit B must be installed before issuance of any building permits for this Addition. 8. SIDEWALK EASEMENTS. The Developer shall file sidewalk easements for all sidewalks prior to any issuance of building permits. / . . . 9. HOOK-UP CHARGES.. Hook-up charges attributed to the 8th Addition are $ 1 associated with the AUAR Trout Street Mitigation. 10. SEAL COATING. In order to protect that portion of Atwood Court and Atwood Circle from early failure by reason of the extraordinary wear caused by construction traffic, the Developer agrees to deposit with the City the sum of $ to be applied by the City to the cost of seal coating that portion of Atwood Court and Atwood Circle, the work to be done by the City no later than the fifth year of its life. 11. TRAILS. Prior to issuance of any building permits in the 8th Addition, Developer shaH install all grass, gravel, and blacktop trails proposed as part of this Phase and past Phases, to the satisfaction of the City Engineer and the Community Development Director. 12. MARKERS. Prior to issuance of any building permits in the 8th Addition, Developer shall install markers locating and identifying all natural, open space and parkland areas at each and every property comer where ever adjoining private lots meet these areas, to the criteria set forth by the City Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of .2005. CITY OF STILLWATER Jay L. Kimble, Mayor An.l:~$T: Diane F . Ward, Clerk DEVELOPER: U.S. HOME CORPORATION, a Delaware corporation By Its: Hook-up charges are based upon the rate of$ x acres. - 2- . . . STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2005, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2005, by , the authorized agent for U.S. Home Corporation, a Delaware corporation, the Developer. , duly Notary Public - 3 - . . . SETTLERS GLEN 8TH ADDITION ~\>()<). ()~ , I I , , , ~"'N"'GE . UTlUTT' t"'SOlCNn AAt SHO"'" ThUS' NOT TO SCAU: i' .-J r'O 1_. CO -l__....JL__ I I 8EII'f(; 5 FttT IN 'l\IDTH, UNl.lSS OTH!1tWS[ IHDICATED, AND AbJOIHlNC LOT UNa. ANO 10 nn IN \WOTH, UHllS$ OnwtWlSE /HDlCA ltD. 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MEMORANDUM TO: Mayor and City Council Shawn Sanders t:.f6 Assistant City Engineer FROM: DATE: August 2, 2005 RE: Boutwell Road Improvement Project Project 2005-05 DISCUSSION: Bids for the Boutwell Road Improvement Project were opened today, Tuesday, August 02, 2005. The City received four bids with the low bid of $602, 115.00 submitted by Tower Asphalt, Inc. (see attached resolution). The engineer's estimate for this project was $740,000.00. RECOMMENDATION I recommend that the City accept the bids submitted for the Boutwell Road Improvement Project, Project 2005-05 and award the contract to Tower Asphalt, Inc. with a low bid of $602,115.00. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2005- ACCEPTING BID AND AWARDING CONTRACT FOR BOUTWELL ROAD IMPROVEMENT PROJECT. ACCEPTING BID AND AWARDING CONTRACT FOR BOUTWELL ROAD IMPROVEMENT PROJECT (Project 2005-05) . WHEREAS, pursuant to an advertisement for bids for the Boutwell Road Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Tower Asphalt, Lakeland, Minnesota $602,115.00 Pember Companies, Inc., Menomonie, Wisconsin $642,906.11 T.A. Schifsky & Sons, Inc., North St. Paul, Minnesota $677,052.75 Arcon Construction Co., Inc., Harris, Minnesota $739,201.01 ENGINEER'S ESTIMATE $740,000.00 and WHEREAS, it appears that Tower Asphalt, Lakeland, Minnesota is the lowest responsible bidder. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Tower Asphalt of Lakeland, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 2nd day of August 2005. Jay L. Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-14 Council Chambers, 216 North Fourth Street August 2, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. Library Project Update OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of July 19, 2005 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS . 1. Adoption of Resolution for Certificate of Appreciation for Rod Hamble OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2005-167, directing payment of bills 2. Resolution 2005-168, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Loggers, 231 E. Myrtle, Stillwater, MN 3. Possible approval of payment for easement 4. Possible approval of special event - Ascension Church - October 2, 2005 5. Possible approval of waiver of fees for Library Building Project 6. Possible approval of permit to sell 3.2 malt liquor - Ball Tournament - August 5-7,2005, applicant Brent Sharon 7. Deed Restriction on Park Land Purchase (Available Tuesday) PUBLIC HEARINGS 1. 2. . 3. 4. 5. 6. UNFINISHED BUSINESS Update on Streetscape project - Chamber Possible final plat approval of Settler's Glen 8th Addition (Resolution) (Tabled from July 5, 2005) Possible approval of addendum to developers agreement for Settler's Glen 8th Addition (Resolution) (Tabled from July 5, 2005) (Available Tuesday) 4th Street/Elm Street Ravine improvement costs and possible accepting of quotes and awarding contract (Resolution) (Available Tuesday) McKusick Lake Water Quality Report Possible acceptance of bids and awarding contract for Boutwell Road Improvements (Resolution) (Available Tuesday) NEW BUSINESS 1. Discussion on proposal for community survey PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) . COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . . 2 J . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-13 July 19, 2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER Mayor Kimble called the meeting to order at 7 p.m. ROLL CALL Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Staff present: City Attorney Magnuson City Administrator Hansen Fire Chief Glaser Police Chief Dauffenbach Finance Director Harrison Community Development Director Russell Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES - Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the July 5, 2005, regular, recessed and executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearinq in of New Police Officers - Lance Christianson and Austin Peterson Police Chief Dauffenbach introduced new Officers Lance Christianson and Austin Peterson. Mayor Kimble administered the oath of office to the new Officers. Tom Koop, Larson, Allen, Weishair & Comoanv Tom Koop of Larson, Allen, Weishair & Company reviewed the audit of the City's financial statements for the year ending Dec. 31, 2004. The audit resulted in a clean opinion, found no material weaknesses in internal control and a clean report on Minnesota Legal Compliance. He noted the City's capital assets had increased from $54 million at year-end 2003 to $60 million at year-end 2004. Another significant increase noted was the percentage of City-owned equity, which increased from 56 percent to 64 percent from 2003 to year-end 2004. He briefly reviewed the individual funds. It was noted that the Recreation Center fund is not reported on an accrual basis as the City made an elected decision not to recoup depreciation costs in that fund. He City Council Meeting - 05 - 13 July 19, 2005 .. noted the City's net tax capacity has increased; the City had about $12 million . remaining in its legal debt margin at the end of 2004; and the City met its goal of a surplus equal to 180 days expenses in the general fund at year end. Mr. Koop complimented Finance Director Sharon Harrison and her staff for their work and thanked them for their assistance. Mobile Entertainment - Historical Tours on Seaways Mr. Bill Newenschwaner of Mobile Entertainment appeared before the Council. Mobile Entertainment is a Minneapolis-based company that gives guided historical tours utilizing Segways. He said the company would like to expand and give tours in the Stillwater area beginning next year. In Minneapolis, he said the tours primarily utilize Park Board trails/property. He said the tours are guided in order to make them safe to the public and to the tour-goers. He said the season runs from about April 1 to mid- November, or whenever there is snow/ice. He said they would probably begin in Stillwater with about 8 to 10 Segways, and he asked the Council to consider allowing the operation beginning next year. Attorney Magnuson suggested that the use would require a Special Use Permit and that the use could be referred to the Planning Commission for review. Councilmember Polehna asked if the Park and Recreation Board should review the proposal as well; Mr. Magnuson responded that the Planning Commission could make that recommendation. Motion by Council member Milbrandt, seconded by Councilmember Harycki, to refer the . request to the Planning Commission for its review and recommendation. All in favor. OPEN FORUM Jay Liberacki, US Homes, asked that the Council consider approval of the final plat for Settler's Glen 8th Addition. He said the Planning Commission granted final plat approval in April. However, there were some conditions the developer was not comfortable with and a continuance was asked for and granted. Subsequently, the matter got caught up in vacation schedules. While the matter was not on the regular meeting agenda, he said he was prepared to talk with the Council. The issue, he said, relates to three home sites. Mayor Kimble noted that the City Council typically hears appeals in such cases, when there is an impasse in the normal process. Mayor Kimble suggested that Mr. Liberacki meet with Community Development Director Russell and Public Works Director Eckles and find out what needs to be done to get approval. If that fails, he said Mr. Liberacki could ask to be put on the agenda as a special item. Mr. Liberacki said he looked forward to receiving approval at the Aug. 2 Council meeting. Two residents submitted letters to the Council. . Page 2 of 11 City Council Meeting - 05 - 13 July 19, 2005 . STAFF REPORTS Fire Chief Glaser reported that the fire service delivery study is nearing completion. The committee has reviewed and commented on the draft report. A formal presentation to the Council is scheduled for the 4:30 p.m. meeting Sept. 6. Community Development Director Russell gave a brief update on County Road 15 improvements. The County hosted an open house for residents on June 22. He said noise was a primary issue with residents of the Liberty development. He said the County will be coming to the City in November to ask for design approval. Public Works Director Eckles reported that a section of sanitary sewer near Aspen and North Second Street is in very poor condition and in danger of collapse. He said plans are to do an open cut in that portion of the street and then patch the street until the road is scheduled for reconstruction. Mayor Kimble suggested authorizing Mr. Eckles to take appropriate emergency action to avoid the sewer collapse. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki authorizing Mr. Eckles to proceed with the emergency repair. All in favor. . Mr. Eckles reported a problem with a storm sewer at North Fourth Street and the Elm Street ravine. He said when the City did the ravine project in 1994-95, it ran pipe to just short of North Fourth where it connected with a 6' diameter stone arch pipe and flume. The flume has been undercut and is in need of immediate attention. Mr. Eckles said crews could either do emergency repairs or remove the flume and finish the project all the way to North Fourth. He said he would recommend the permanent fix or the situation could recur in the future. The Council agreed that it was time to do a permanent fix and directed Mr. Eckles to come back with a cost estimate at the next Council meeting. Council member Harycki asked if the work would be assessed. Mr. Eckles suggested that the storm water utility fund was for such purposes. Mr. Eckles asked for direction on whether to open the restrooms in Lowell Park during Lumberjack Days. In the past, he said, the City restrooms have been locked due to the difficulty in keeping them operational with the anticipated crowds. However, he said the restrooms could be open and staffed if the Council so desired. Councilmember Junker spoke in favor of keeping the bathrooms open. Mayor Kimble and Council member Polehna suggested it would be better to have some extra portable toilets rather than keep the City facilities open due to their age and current condition. Councilmember Milbrandt noted that with the exception of the fireworks, there are few activities scheduled in the south part of Lowell Park during Lumberjack Days. It was agreed to utilize portables and lock the City facility during Lumberjack Days. Mr. Eckles noted there is a possibility new restrooms might be included in the upcoming flood control project. . Page 3 of 11 City Council Meeting - 05 - 13 July 19, 2005 City Attorney Magnuson asked that a name change for the Freight House liquor license. be added to the Consent Agenda. He said it was a name change only requested by license holder Robert Sabis. Motion by Council member Junker, seconded by Councilmember Polehna, to add the liquor license name change to the Consent Agenda. All in favor. City Administrator Hansen reported that the City will likely be issuing an order to the owner of a house that burned down that the property be cleaned up. He said the owner had been given adequate time to resolve any issues with insurance, etc. City Administrator Hansen reported that Washington County and the City of Oak Park Heights had reached agreement on detaching some property from Oak Park Heights to allow for the expansion of the Government Center campus. He said County Administrator Schug has asked that the City enter into a detachment/annexation agreement, which will allow the property transfer to take place. He said Mr. Magnuson has no problem with the requested agreement. Mr. Hansen also suggested that having the County offices here is an advantage and he would not like to see a move to a satellite facility. Mr. Magnuson noted the action requires two resolutions - one for a joint powers agreement and another for orderly annexation. Motion by Council member Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-158, approval of the joint powers agreement with Washington County, oak. Park Heights and the City of Stillwater Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005-159, approving the orderly annexation agreement with Oak Park Heights. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None CONSENT AGENDA Motion by Councilmember Junker, seconded by Council member Polehna, to approve the Consent Agenda with the additional item requested by City Attorney Magnuson. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-151, directing payment of bills Resolution 2005-152, authorizing execution of grant agreement with the Minnesota Department of Public Safety for Safe and Sober Communities Project . Page 4 of 11 , City Council Meeting - 05 - 13 July 19, 2005 . Request to trade in the 325 Toro Mower for two Lazer mowers, one 72 inch and one 60 inch zero turn Possible approval of Special Event Request - ArtReach Alliance - Home Tour- September 17, 2005 Request to purchase T-5 20 lamp fluorescent fixtures - St. Croix Recreation Center Possible approval of installation of banner - ArtReach Alliance - Historic Homes Tour- August 26-September 18, 2005 Possible approval of installation of banner - Blessing of the Animals - Ascension Episcopal - Sept. 16 - October 2, 2005 Possible approval of special event request - River Valley Endodontics - August 25, 2005 Possible approval of request to sell Christmas Trees at Lily Lake Tennis Courts - Stillwater Elks Resolution 2005-153, authorizing assessment refund for Robert & Clarice Anderson Resolution 2005-154, approval of Change Order # 1 for Curve Crest Trail Resolution 2005-155, resolution accepting work and authorizing final payment for 2003 Street Improvement Project Possible approval of Utility Bill Adjustments Resolution 2005-156, possible approval of Agreement with Karen L. Richtman and Associates, d/b/a Service on a Shoestring, for Source Reduction Program for Schools Resolution 2005-157, approving name change from Freight House, Inc. to Freight House LLC. . PUBLIC HEARINGS Case No. SUB/05-26. This is the date and time for a oublic hearina to consider a reauest from John Harvev for a resubdivision of Lot 6. Blk 7 Carli Schulenbera's Addition into two lots of 7.500 sauare feet located at 203 E St Croix Avenue in the RB. Two Familv Residential District. (continued from July 5, 2005 meeting) Community Development Director Russell stated the 60-day rule on this request expires July 20, and the case is scheduled to be reheard by the Planning Commission in August. City Attorney Magnuson said the application should be denied or operational law -the 60-day rule - would approve it by default. City Attorney Magnuson also suggested that the case should be denied without prejudice to allow it to go back to the Planning Commission. Mayor Kimble opened the public hearing and closed the hearing when no comments were received. Motion by Council member Milbrandt, seconded by Councilmember Junker to deny Case No. SUB/05-26 without prejudice. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None . Page 5 of 11 City Council Meeting - 05 - 13 July 19, 2005 , UNFINISHED BUSINESS . Possible approval of resolution adootina findinas of fact for Case No. SUBN/05-33 City Administrator Hansen stated the City had received a request from the Eckberg law firm that this Case be stayed; the applicant would waive the 60-day rule if the stay were granted, he said. Council member Harycki noted that at the last meeting, residents asked the Council for definitive action, saying they were tired of having to show up at numerous meetings. Councilmember Harycki suggested it was time to put this matter to bed rather than have it come back in 60 days or two weeks. City Attorney Magnuson said granting a stay is a discretionary action on the part of the Council. If the findings of fact are adopted, Mr. Magnuson said item 1 in the findings should be corrected to indicate the applicant has an option to purchase the property. Motion by Council member Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-160, resolution adopting findings of fact, conclusions and order related to the denial of a variance to the minor subdivision and variance of lot size regulations (10,000 sq. ft. required, 8,625 sq. ft requested) to split an existing 17,250 square foot corner lot into two 8,625 sq. ft. lots located at 1801 North Fourth Street in the RB, Two Family Residential District (Case No. SUBN/05-33), with the correction as noted by Attorney Magnuson. Ayes: Councilmembers Harycki, Milbrandt and Polehna Nays: Mayor Kimble Abstain: Councilmember Junker . Possible approval of resolution adootina findinas of fact for Case No. SUPN/05-31 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-161, resolution adopting findings of fact, conclusions and order related to the approval of a modification to special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for the construction of a two-story addition to an existing two-car carriage house located at 801 West Pine Street in the RB, Two Family Residential District (Case No. SUBN/05-31). Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of resolution adootina findinas of fact for Case No. SUPN/05-32. Motion by Council member Junker, seconded by Councilmember Milbrandt, to adopt Resolution 2005-162, resolution adopting findings of fact, conclusions and order related to the denial for a special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) located at 821 Third Street South in the RB, Two Family Residential District (case. No. SUPN/05-32). Page 6 of 11 City Council Meeting - 05 - 13 July 19, 2005 . Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Traffic Impact Fees Public Works Director Eckles said he and Attorney Magnuson had discussed options for implementing a transportation recovery fund. He said two models were looked at, the Rochester model and the Maple Grove model, which was the model preferred by the Builders Association of the Twin Cities. Mr. Eckles said developers favor the Maple Grove model because it allows the fees to be assessed against the property rather than having to pay one large fee at the time of platting. He noted there are built in securities to ensure that the assessments do get paid. As proposed, the City's policy would combine parts of both models, providing developers with the option of requesting that the fees be assessed against the property. As proposed, Stillwater's fee would be $13,000-$14,000/acre for residential properties and $47 ,OOO/acre for commercial property. Mr. Magnuson said the authority to charge such fees comes from law that gives cities the right to review developments in respect to the adequacy of the existing infrastructure. A District Court challenge has upheld the authority to collect "traffic adequacy" fees, he said. It also was noted the proposed fees would apply only to the expansion area, which results in the need for new collector roads, not to the downtown developments. . Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-163, resolution establishing policy on use of contribution agreements to improve substandard streets. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Special Event Reouest & Temoorarv Liouor License - American Leaion Post 48 - Julv 21-23. 2005 Council member Milbrandt moved to deny American Legion Post 48's request for the temporary liquor license. He said the Legion has a place of business and no need to go to the parking lot across the street to sell alcohol and food and asked what is to prevent other businesses in the downtown from asking to do the same. Mr. Milbrandt's motion died for lack of a second. . Council member Polehna asked Police Chief Dauffenbach for his thoughts on the request. Chief Dauffenbach noted that a similar request from the Freight House was denied last year. He said it was felt that expanding use outside of the establishment amounted to expanding the occupancy of a particular establishment. Chief Dauffenbach felt that this could lead to more requests by businesses to expand use to private property. There was a question about time of the sales. City Attorney Magnuson said Page 7 of 11 City Council Meeting - 05 - 13 July 19, 2005 the Planning Commission had approved sale of beer and brats until 6 p.m. all three . days. Council member Polehna stated that he was in favor of the sale of brats but said he was opposed to the sale of beer in neighborhoods. Motion by Councilmember Polehna, seconded Councilmember Junker to approve the sale of brats and non-alcoholic beverages. Council member Junker asked about fencing requirements. Chief Dauffenbach said if approved, the applicant would have to meet certain conditions, including fencing and having security on site. Mayor Kimble spoke of the many donations the Legion makes to the City police and fire departments and many other contributions to the community. He noted the Legion has no deck and no yard and suggested the request wouldn't result in loud music and a young, unrestrained crowd. Councilmember Milbrandt said considering the year-long effort to downscale Lumberjack Days and respond to citizen concerns and then allow this expansion of the sale of alcohol 48 hours before the event doesn't make sense. Council member Harycki said he thought Mr. Polehna's motion was a good compromise and suggested the request might be re-evaluated next year. Councilmember Polehna amended his motion to allow the sale of brats and non-alcoholic . beverages until 10 p.m. July 21-23. Councilmember Junker agreed to the amended motion. Motion passed 4-1, with Mayor Kimble voting no. Recommendation from Heritaae Preservatic:m Commission for moratorium on subdivisions Mayor Kimble noted that the North Hill had been under a lengthy moratorium until completion of the sewer/water services installation. Rather than another moratorium, he suggested that the Council consider having the first reading of an ordinance to require Heritage Preservation Commission design review for infill housing and have the second reading of the ordinance after the HPC/Planning Commission develops design guidelines. Council member Harycki asked how long it might take to develop design criteria. Howard Lieberman, chair of the HPC, responded that it will take some time to develop guidelines that are broad enough to provide some flexibility and not too broad as to be useless. He noted it is important to have guidelines so review doesn't become a situation of substituting the HPC's taste for someone else's. Mr. Lieberman also said he thought it would be fair to get community input in developing guidelines. Councilmember Milbrandt expressed a concern about putting the HPC under the gun to develop guidelines. He noted that a moratorium could be withdrawn at any time. He noted there is consensus to move to infill design review and questioned how long a . Page 8 of 11 ; . . . City Council Meeting - 05 - 13 July 19, 2005 window will be left open by waiting to have the second reading until guidelines are developed. David "Choc" Junker, 1001 N. Fourth St., spoke against any moratorium and also questioned the HPC's involvement. Motion by Councilmember Harycki, seconded by Councilmember Polehna approving the first reading of an ordinance for design review of infilllots. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Recommendation from Heritaae Preservation Commission on architectural investiaator Motion by Council member Harycki, seconded by Councilmember Polehna, to accept the recommendation from the Heritage Preservation Commission and adopted Resolution 2005- 164, approval to hire Empson Archives for the final architectural study. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of tobacco license for Water Street Inn Motion by Council member Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-165, approving new tobacco license for St. Croix Preservation Company, Inc., DBA: Water Street Inn. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of sanitarv sewer rates A memo from Finance Director Harrison was in the agenda packet outlining three possible options for a sanitary sewer rate increase. Administrator Hansen noted that the Metropolitan Council increases the City rates annually and it is easier to do small annual rate increases rather than waiting and implementing a big fee increase. Roll call vote was taken. Motion by Councilmember Milbrandt, seconded by Council member Harycki, to adopt Resolution 2005-166, approving increase in overage sanitary sewer rate. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Page 9 of 11 t City Council Meeting - 05 - 13 July 19, 2005 Possible settinq of budaet meetina schedule . Finance Director Harrison noted that the deadline for submitting the preliminary budget and levy to Washington County is Sept. 15. She recommended holding special budget workshops from 4:30 to 6 p.m. Aug. 16 and 4:30 to about 10 p.m. Aug. 23, with adoption of the proposed budget and levy on Sept. 6 and another special meeting Sept. 13, if necessary. Motion by Council member Milbrandt, seconded by Councilmember Harycki, to adopt the proposed budget meeting schedule. All in favor. COMM UN ICA TIONS/REQU ESTS Letter and Petition reaardina McKusick Lake City Administrator Hansen said the letter was included for information only. It was noted the Council previously took action ordering a study of the situation. Public Works Director Eckles said he hoped to have some information for the Council by the next Council meeting. COUNCIL REQUEST ITEMS Council member Harycki said he had received a number of calls about the intersection o. Fourth and Laurel and wondered if traffic counts would be done during the upcoming bridge closure. Public Works Director Eckles said that intersection has been discussed and it might be possible to do counts if extra machines are available. Police Chief Dauffenbach said his department is looking into a vegetation complaint at that intersection also. Mayor Kimble asked if it would be possible to get some City assistance for a resident whose sewer line was cut by Xcel. Administrator Hansen said he had just heard from the League of Minnesota Cities and the City's insurance carrier has accepted responsibility for the incident in question, so assistance is forthcoming. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Harycki to adjourn at 9:50 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . Page 10 of 11 City Council Meeting - 05 - 13 July 19, 2005 . . Resolution 2005-151, directing payment of bills Resolution 2005-152, authorizing execution of grant agreement with the Minnesota Department of Public Safety for Safe and Sober Communities Project Resolution 2005-153, authorizing assessment refund for Robert & Clarice Anderson Resolution 2005-154, approval of Change Order # 1 for Curve Crest Trail Resolution 2005-155, resolution accepting work and authorizing final payment for 2003 Street I mprovement Project Resolution 2005-156, possible approval of Agreement with Karen L. Richtman and Associates, d/b/a Service on a Shoestring, for Source Reduction Program for Schools Resolution 2005-157, approving name change from Freight House, Inc. to Freight House LLC. Resolution 2005- 158, approval of the joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater Resolution 2005-159, approving the orderly annexation agreement with Oak Park Heights. Resolution 2005-160, resolution adopting findings of fact, conclusions and order related to the denial of a variance to the minor subdivision and variance of lot size regulations (10,000 sq. ft. required, 8,625 sq. ft requested) to split an existing 17,250 square foot corner lot into two 8,625 sq. ft. lots located at 1801 North Fourth Street in the RB, Two Family Residential District (Case No. SUBN/05-33) Resolution 2005-161, resolution adopting findings of fact, conclusions and order related to the approval of a modification to special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for the construction of a two-story addition to an existing two-car carriage house located at 801 West Pine Street in the RB, Two Family Residential District (Case No. SUBN/05-31). Resolution 2005-162, resolution adopting findings of fact, conclusions and order related to the_denial for a special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) located at 821 Third Street South in the RB, Two Family Residential District (Case No. SUPN/05-32). Resolution 2005-163, resolution establishing policy on use of contribution agreements to improve substandard streets. Resolution 2005-164, approval to hire Empson Archives for the final architectural study. Resolution 2005-165, approving new tobacco license for St. Croix Preservation Company, Inc., DBA: Water Street Inn. Resolution 2005-166, approving increase in overage sanitary sewer rate . Page 11 of 11 Cit~ oe g tiQQwaten, utA itltlegota Centi~icate O~ cAppneciatiotl pttegehlted to RODNEY HAMBLE WHEREAS, RODNEY HAMBLE, WILL RETIRE FROM CITY EMPLOYMENT, EFFECTIVE AUGUST 8, 2005. . NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF STILLWATER, RODNEY RAMBLE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT RODNEY RAMBLE HAS SERVED THE CITY FAITHFULL Y, EFFICIENTLY AND COURTEOUSLY FOR THIRTY YEARS OF CONTINUOUS SERVICE. THE COUNCIL REGRETS THAT HE IS RETIRING FROM CITY EMPLOYMENT, BUT EXTENDS TO HIM IT'S APPRECIATION FOR HIS DEDICATED SERVICE. BE IT FUTHER RESOLVED, THAT THE CITY CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COpy THEREOF TO RODNEY HAMBLE. ADOPTED BY THE CITY COUNCIL THIS 2ND DAY OF AUGUST, 2005. uUa~o~ LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2005-167 . Action Rental Allied Camera Repair Ancom Communication, Inc Anderson, Robert Aspen Mills Associated Bag Company Befort, Stephen F Carquest Carquest Century Power Equipment Cingular Wireless Clark, Luann Coca Cola Comcast Coordinated Business Systems D & A Construction Dalco Drummond American Corp Felsch, Chris Fury Dodge Galles Corp Gall's Hennepin Technical College Hillyard Holiday Humane Society IKON Integra Telecom, Inc Johnson Controls Knauss. Chantell Kwik Trip Lake View Hospital Legran Homes Magler, Jeff Menards Minnesota Revenue MN Dept. of Admin Napa Auto Parts Newman Traffic Signs Office Depot Office Max OnSite Sanitation Orrin Thompson Homes . . Concrete. Liquid Propane Maintenarlce to investigative Camera Batteries. Earpiece, Low Noise Kit Refund Special Assessment Payment EC Clear Audio Tube 12" 4 Mil Poly Tubing Arbitrator Cancellation Fee Equipment. Vehicle Repair & Supplies Auto Diagnostic System Equipment Repair Supplies Cell Phone Cleaning At Public Works Soda for Concessions Cable Work Performed on Laser Fax Desktop Moved for Office Relocation Hand Soap & Rubber Gloves Mark Remover & Glass Cleaner Water & Gatorade for Lumber Jack Days T ouchup Paint Antibacterial Lotion Soap Do Not Cross Barrier Tape Training Class for Chad Jansen Hose, Gun Assembly, Blade Squeegee Unleaded Gas 2nd Quarter Billing Maintenance Agreement Telephone Equipment Repair Mileage & Garbage Bags Car Wash Coupons Legal Blood Draw Grading Escrow Refund Training Reimbursement Equipment Repair Supplies Hazardous Waste Tax for VSQG'S Wide Area Network Fees Vehicle Repair Charges Blank Signs Office Supplies Office Supplies Portable Restroom Rental Grading Escrow Refund 20236 16500 63155 1,56312 217.84 87.09 22500 60.51 5,52389 76.40 47.12 280.00 538.00 68.33 115.00 300.00 86.32 80606 84.50 4.28 135.94 6809 247.50 190.48 3650 2,26625 1,390.21 911.13 564.00 91.88 600.00 4000 3,000.00 82500 192.05 64.54 140.83 93.59 122.69 267.44 355.90 2.23813 1.50000 EXHIBIT" A" TO RESOLUTION #2005-167 Parts Associates Inc PC Solutions Peltier, Jennifer Peltier, Joseph Porta Pot Sanitation LLC Quill Corp Reed Business Information River Valley Printing Rose Floral Rottlund Homes Short Elliot Hendrickson Spartan Promotional Group Sprint PCS Stillwater Collision & Restoration Stillwater Equipment Company Stillwater Gazette Stillwater Motor Company Stop Stick Streicher's Stripe A Lot TA Schifsky & Sons, Inc TruGreen Uniforms Unlimited, Inc United Laboratories United Rentals Vacuum Excavating Services Van Paper Co Viking Industrial Center Wal-Mart Wally Carson & Sons Wear Guard Wells Fargo Wet Technologies Yocum Oil Zee Medical Service Wheel Weights, Tools, Hose Maintenance Agreement Tuition Reimbursement Grading Escrow Refund Rental, Police Command Post LJD Office Supplies Construction Bulletin, Boutwell Road Imp Inspection Worksheets, Business Cards Bedding Plants Grading Escrow Refund General Transportation Services/Engineering No Parking Signs PCS Vision Connection Card Service Charge Body Work on Squad Car Safety Equipment Meeting Notice City Council Equipment Repair Supplies Stop Sticks Police Vest Parking Stall Marking Asphalt Weed Control for City Parks Holster, Clips, Cartridge, Taser Brake Parts Cleaner, Duo-Zyme Aerosol Drill & Accessories Clean Storm Water Sediment Pond Toilet Tissue Vests & Small Tools Batteries & Pliers Diesel Fuel for Rec Center Uniform Shirts for Inspections Paying Agent Fees Cooling Water Treatment Diesel Fuel, UL Gas First Aid Supplies Page 2 51437. 4800 844,13 5,00000 9053 173,83 173.72 310.98 45209 3,00000 1,128.78 1,53473 65.83 1,14872 3302 3240 1.20 400.50 835.95 25000 960 17 4,119.45. 666.33 756.78 2,66997 535.00 50.06 208.64 3887 957.12 270.84 375.00 57529 5,40207 113.58 . . . . RESOLUTION 2005-168 APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR AMERICAN LEGION POST 491 AT LOGGERS, 231 E MYRTLE, STILLWATER, MINNESOT A WHEREAS, the American Legion Post 491 has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at Loggers, 231 E. Myrtle, Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license located at Loggers, 231 E. Myrtle, Stillwater, MN, as requested by the American Legion Post 491. The City Clerk is directed to attach a copy of this Resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 2nd day of August, 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk Minnesota Lawful Gambling LG214 Premises Permit Application (see Required Attachments on Page 2) Annual Fee $150 603 Paqe1of2 . FOR BOARD USE ONLY Check :: Organization information organiA&~g,-QJJ~_L~bl CN~_e~>( 49 / Name of chief executive officer (CEO) YATk,tlc LUGAt0 I Gambling premises information ! Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) I LOb6E ~S ~31 t. 1t\'IRTLt rGtY--;~t;;wn~hiP- ~ - --~-~ - - ----- --~ -- -- -- --County------- --~-- ~-~Zipc-;;d~-- ~- - - -~~ j 5" LcWATtK- WA5H-fN61o~ r~- ---- - ! Does your ~nization own the building where the gambling will be conducted) i_Yes __No If no, attach LG215 Lease for Lawful Gambling Activity ! Organization license number _ __cj~ 7_____ Daytime phone number (crS). ') - S 3( -- C(d-.3;) '. sSD 15 d-- Gambling bank account information Bank name Bank account number ____Ji~L~ATC_ bFt~I~.!:~O re~y( ~~___~ ~___~~__~~__ Bank street address City StatelZip code I q<;D /\10. ++W~ qS; 1~f\.'!ft)r2.'1 . (hr-J ~~oo3 . Address(es) of off-site storage space of gambling equipment related to this site (Do not use a P.O. box number) . Address City StatelZlp code ~Lq3__ND. _3 ~_;;A~_______~_~_~__~~furfQ{2.I~_~_ih!'J__~)_~_3___~ Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo OCG1Sl0nS (indicate A.M. or P.M.). An occasion must be at least 1 1/2 hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per wee~ ------------------~- \ //........------ BeainninaLEndina Hours QQy ~ Beainnina/Endina Hours ~ to ~- -to~ // to /~__________ to //-/ ~ /.//y ---._~ ........------ ........................_-~~- Noon hour bin~/ Noon hour bingo;mJst be conducted between 11:00 a.m. and 2:00 p.m. on a leased premises which must have a license for the sale of intoxicating beverages on the premises under chapter 340A. Check the day(s) that noon hour bingo will be conducted. !2ay //// to to to to to _Sunday _____Monday ___ Tuesday Wednesday__ Thursday Friday _ __.Saturday . . LG214 Premises Permit Application Data Privacy or':, th:s runT) (and d",,!' dttachrnents) C;a'"lbi:ng Contrc! Goard (Beard) to qua\lf!catlons to be [~:vojved In lav..iul gamblmg (;r1:!'/;t!CS In t.linf:csote) and to assist the Board In conducting a iT'.C::,tig(~jtion of 'fOU. You have the fight to refuse thc' Ir-iorrndt:on requestedl nc)\,veVcr, If you refuse tc ~_,UD[!Y thiS ~:li()rmat~on! the Board may not be able to qUd!:flcatlons and, as a conscCjuence, nlay refuse to iSSlk you ,J premises permit. ]f you supply the ,dormd\10f\ r,,'qllE'sterJ, the Board Will be atjle to process your (jpp!lcl~t1on T:iS fenD rlay require the ejlsclosure of your social secuilty nynllcr. if your social secunty number will be used to oe'ermlrle ycur compliance with the tax laws of Minnesota. Authonzatlon for reoulnng your social secunty number IS f(Jund at 42 USe. 405 (C)(I) voue p;cn\ ~,~~s \"'~--.;;T GCjc:<l perTllit, all of the IrlforrTl2tlcn Ulat YO~J ha',/e the prcx:ess cf app\y;mQ for 'lour prefT~iSCS perr---:!t OlJ[j::C except for your social security numhcc, 'i.nlch rern2:ns private jf the Board docs not Issue V()~J a prc!T;I:)es ~~l: :r:fcr;nat!c/i 'j"ou have pro\!!dcd In the prucess of dppl)i:ng for c3 V~TmICkS permit remains pnvate, VJlth the exceptIon of 'lour narnE: a:lrj addres~, \:vh(ch wdl rerr;{jln public Prlvate data about you arc d'v'dllablc onl'l to thE' fOllcn....'!ng BoarG members, Board staff whose work asslgnrneCit requ!Ci's that trley have access to the information; the 1'11i1rlPsota DcpiJrlment of Puhllc Safety; the 1'11nnesota Attorney General; the ,.1,nnesota CommiSSioners of Administration, Finance, arld Revcliuc; the Minnesota LeglslatJVe Auditor, naoonal and International gambling regulatory agencies; anyone pursuant to court order. ottwr ,ndividuals and agenCies that are speClflca!!y alJthonz~d try st2te CJr federal law to have access to the Informatlen, InCJlviCludls aneJ agencies for which Jawor legal order authonzes a new use or sharing of Information after thiS notice was given; and anyof!e ',Vitll your consent 'iour name and address Will be publiC ,nformation when reuwelj by ti,e Goard. All the other Information that you prmide 'I.rll t:c prrvate darn about you until the Board Issues Acknowledgment and Oath ! hereby consent that local law enforcement officers, the Board 01 agent.s of the board, or the commiSSioner of revenue or publiC safety or agents of the commiSSioners may enter the premises to enforce the law Tilt" Board IS authollZed to Inspect the bank records of the gambling account whenever necessary to fulfill requliements of current gamblrng rules and law. I declare that: I 1 have read thiS application and all information submitted to the Board is true, accurate, and complete; 2 All required information has been fully disclosed; 3 am the chief executive officer of the organization; 4. assume full responsibility for the fair and lawful operation of all actiVities to be conducted, 5 ! will familiarize myself With the laws of Minnesota governing lawful gambling and rules of the Board and agree, If licensed, to abide by those laws and rules, including amendments to them, 6. f~IlY changes In application Information \'1111 be submitted to the Board and local unit of government ".,th,n 10 days of the change; and , I u. nder.:>. ta.n.d th.at fa..ilure ~O p..ro;lde reqUired information or prOViding fiJlc,e or misleading Information may lesult In the den~JI or r71?1 of . ",~Ic~nse ~\L? f(..! /-;ltft;lL'~- ~uZ~~)S-(,5- Sig;;ature of Chief Executive,.6fficer (Designee may not sign) Date Print name _?f:'Tj?J_c"J~_l00&~__ udu_________u_ _nun . Required Attachments 1 If the premises IS leased, attach a copy of your lease Use form LG21S Lease for Lav,iul Gamblillg AdlVltY. 2. !\ttach the resolution from the local unit of government (City or county) which shows approval of your application. 3 tor each premises permit application, as 1 SO annual premises permit fee IS reqUired. ~1ake the cr,eck pa,able to the "State of ~'llnnesota ' Mail the application 'Sitrl attachments:o Gamb!lng Contre! Boar-cj 1711 'I/est CO~H)t'y Rood r3, S\Jitlo 300 I'.J~ ~)) 1 1 3 . NOTE: There is a monthly regulatory fee of 0.10/0 (.001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the Gllawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? Call the l.icensing Section of the C;arnrJi!ng Contro! Board at 65 )-6]<}-4000 If YOU use a Tri, call the Goard tly U',:flg the r"iinnesotc Rela\-' Ser./ice and ask to place a caii to 6S 1-639- 4000 Minnesota Lawful Gambling LG215 lease for Lawful Gambling Activity Name..rtl€ga!~~,~ ~~c=;, Oly ~ ~ ,~ !l (L/h ,gri{f fYt:;Cf-' ! U 7\"}) ! ~r:;:- -~L~i; ,d':, (I 'II C:;)CS~ /; /: Name cJ ~ Street address Ci:y sme ZIp ~ pI"<<:ne (If M~ ar>mert~ -s.;;~ I c.f7F3 -Jjjft! a.N SfiUMkftlhr0 SY$?- L"9) L(~-1&7% City 4J ():.,. J ~,,,<. phone SIlLLWA,Ef_ ~W (((1')/ )V39ulL; \ 6aytime phone /,/cJ") (/.;; q C; Y Ie 3 8/03 f'agelcJ2 . D8ytme ~ ./ NamecJ~",,,,,.~ Strool~=u LOGGEKS ~I E~~~E NalTtiA~;~~/~Y'ffu; i/YI ,'. ,.~. "., ..., ".' Rent Information (~adMty irM:JIving ~tabs, tipboafUs, paddl",1 ,,~, and pUHab ~";''\f c;.,..~ No leasle reqruired ~ raffles.) 80cIdI ''r,",,~~...., ~ d ~ ~ '" c by' an ~ (01' .. . , , . ,.\ - sales of ':I'- ~l'~ eQl."~ ,,,; within a Ieilise;j ~) 01 a L~, -".J uryolo~, ,'a ..c~',..." c, ~.-",Jl' that is ~ c '""" by an c ~:",,_" of the Ie580r from it " .. area wf)en> ~.J from arei'lS Y>ihere ~ and be\.,,-..~ ~ soid~ _ _ _ _ _food and J::.,"'..e are als:o !dd'7 _ _ _ _ _ _ _ _ I Does l"OW' OflIo-n'-'Uoa 0It amy cttMr ~._.~ ~ ~J~ from . boodt .....'" ...,.J..... at ttIk L ~..... .1 Yea V No .J L____________________________________ if you ...~...c...:.J yes to the ~. aOo\Ie, rent limits are based <xl the fo!Iowjng ClJf'nbinations eX ~ ~.: , Booth-+=~ Booth uva.a1u.. and pujHab ~.,.;. 'OJ device Booth o,x;....;..;.... and bar ""","';;'" . Booth opb ~" bar v;x.. c:AA,.1, and po..4H:ab ~ 00 "!J Jc ,,';v.:. The maximum rent allowed may ntt ~ $1,750 in tJXa! per rT'alth for all ort)aI ~ D at this po '0. ~ c....~cne~: Option It.: 0 to 10% eX the gross protits per montll, r,:,,'vu~tobe~ % C..",..~.ioense~ 4107 '. If you ... ~ cJ no to the questjon ~ rent limit:> are based <xl the following '-'" I L;. .abons eX ~ ~ .: fJar '.....'--(.Uu.. Bar opetaboo , Mtl put.-tllb ~ 0W ..,. device PuIHab ~"";''Y ~ ooi>,. The fIla)Iimum rent ~ may not exceed $2 ,000 in total per monttl for all U'O -,p ~ '-> at this f" d'.tses. . ContpIete one ..".. a..,. , .: ~_I A; 0 to 20% ~ tt.e gross pro'its per rnonttI. rci,-"-,~tobepaid----,, % Option 8: Whefl gross profits are $4,000 Of less per month. $Q to Option 8: When gross profits are $1,000 or less per ,...... oJ I, $0 to $400 per rnorttl ffi<Yy be paid. Amourlt tv be paid $ . $200 pet' rnc:nn IT\iJy be p,iOO. A/'ooIrt. to be potd $ Option C: $0 to $'400 per month may be paid <xl the first $-4,000 Option C: $0 to $200 per rllOfltt1 may be paid on the first $1,000 eX"""",-",;.",'k. Amoonttobepakl $ ,P1usO%to ct.".~profits, .Arootrttobepaid.$~O() . P1usO%tD 10% ct the gross ~ may be paid per month on 'i' <-= profits 20% ct the ~ v:>:> V'Vlr"", may be paid per monltl on ~ vc>:> prdit:s O'o'e" $4,000. P= \..0 ~ tv be paid % fNl!r $1,000. Po U::;.<..oyc to be paid a ~ % NOTE: If there are an'( CJttle" ;.,., ..... Of coodilXlns tor rent - rf."I2ltEd Oledt aI actMties that wfI be condul:red: ~ ""'--", they must be :J"".Jjed on page 2 under A....;.. """,,1~. >0 ~ ~ VPufHat6 wittI ..bv= ~.y device eX Lease Terms and are subject to Board 0V4J' v-o<aI. _.TIpboords ~~ ~ wittll2ble . '. . Rent InfOrmatiOn:" BIOgO !':L"bI" liIf'fd/or Bar Dingo o........~'"..,...... Noon Hc:lIuT ~~.... Rent for bingo and all other ~ activ1ties -."... '--- conducted during if bingo ~UlI may not ~: Rent may not exceed y .Of rlOOf1 hour ~l for up to 6,000 square fee( bingo 11 a.m. and 2 p.m. at a . $300 per for up to 12,000 square ~ .~ with a l;""""..,.e for the sak ct ;'~""'<"'":J . $400 Pff ~ for 000 square t,,-,,'C<oyc'S 00 the \."CHU-,",=,. ~..''c :"~2' ~~::'320f; for bar bingo ~...., . . a r-~- {':~~_ c~'-" of square n.0~ org.r.. ~. ;::.?~""~:~:~ &~~. Ct ~ gambI!ng, and the r ~. ..~'~ 7~ lrto::<JC.<IDng liquor Of[ 3.2 pen:alt ..................~- .....u.oao. " _ . ~ ayc=>. Rent to be pald per bingo ~ t $ r---- Forany~~~" I indudaf In a Pl""",~ ?'J'... .~Jl!:: ,.~_"r __,~~""" I =_:;;~~:~~~~~i~=: ~..::_:."L L__ ___~~ ~.~ ~~ ~c~..~ ...'O'_C~"'" - n... "',_~~~__;;;~";:'_~__"'--_C'.-'7"_O='-""__~-===O'_'__"_:::''_' ~-" _~__._- -, :< 'J',,; Z'~ c~cn ;k"'?';"~'; k'~.;c c,h-:"7f/n] d-;;.,,}':":. ee:runir--'j duYlg the t6Tn cJ the Cl.iIlTaOi pt€l'nises pe-mi<., boii. ~ . . ~.~"':.c! 0'0"; '.'!.~':' .~~'>C';~. Ch,,,,'9'W rru;t be SJL..~ to the c;....~....,. C.':'ul Boacd 'c' :__OF :':'::'--~~ =~'~,C',~". ~Z"G~. '..,:,;t"''''~~e!hatthed...'''~dbe~ ",.J.._..! . , --.- . --~-~~~---~- ;l".~~ f',",==-__ ,--.:...,-~ C~'92_r'~______~__________,_ r~3t:e . ~~ f I i ~l ~ ~ ~. i' f ii. I~I :::<.1,' .,.... i~ tE" .-! I ~ i.... fe', ,< ~ ...J 70 -41" ~ t ~,,"' _ ll' _ .~: ~"2 ~F:i I ff ~. - i ! ~.; ":", ! t m ~ .1 i I - I' -if ~ ) L I'lr. .' ~~ I t~~ft .. !~1;0: ~? (~z:, 0 (; : ~ ;, i ~.I~ i~.: if I;;L F - g ~ IJ ~ t l i ~' li ",, ::iCj: :> ~ \.' 1l.' II! i. ~, r ~ '1' 1':- 5 I ,(1-1 r- f.f II a If i I ~., ~~. IIU, " (T'J IS. ~ , I ~ ~ . il~ !J)' . 6' 11 ~ d I ~ ~ J: ; ~ If t ~ ~ I t, I ~.'. ".' ~.:.' ~ ',: ct 1 I t, f. 5". j"'."f .. ~ ~'I:%;.~ ~ ~ i ~ ~ 'I JI""j\t~ C I "" , .' f;;;~: ~;;~ .--' Q N i ~' 9-~," ft III .ff I~ ;>- t~r--' 1::> rl.' , .if ~t~~ j !(\ 'j" i -4.. Q. i ~ ~~~,t \ r.c:J ~~P;6' ~'~I~.f~~1 .~ ~ rf~~ r:'i 1~ .1i " , Z: < ~ ~ f . ~}" a: ~ ~.~ (":l r. ,,~ II:\~' <;[ ?:'.c: . '"I ~~.~_ n of. III . ' 1.:.1l - ~.; ~~Jr.', j t r~~ r f'r i ~( ~ i i . ~'~ ~ i f ~!:f ,,- '. .~ - ~~. , Ii ~ c c ~f ~ ~::J~l! ~ <tTJ .~~ !Il. ~" So l ~ t:rC i ~ l ~. ~ ~ I . ~ ~ - i ~t ~~qjl\ :tf t. ;Clf ~p:, l)I ~ g; L\ :; i if !!13~:j'" "2:' ::t S e: ~l; .~ ~ c;-. ~ i ~,~~~ ~ W f~ ~~ ~i c;; Jrl ~ V ~ . . ~trfJ.:!~,.!~ iHH!~i.lf'iJi~~i~r HH H{.- i(! ~ ~'ff' J ~r; ,( ~tf~I~~ l.r,'. ~,l ~lr.l If l J gaJ~ e'~ Il~ <J Q I I. ~Q ...g. , I tQ, _Of '1 . ~iIl __g.. r :h V-If, f tj~. !Hit H'!,: IWI rl~~ f' !:i ~ , --1. l ~ ~ ~ f. ~ ~ ~ f i~. ~ ~ a ~ r, ", h r i~. 'f I ~ ~ CD i ~ j;'qi~ l]ag-~. ~ ~i~ 81" a J'l.-+ i E' !f:<~,! -i'~<1: '. ~f t! . -r r tf. g' ! 11 i 1 ~ ~ r J 1. ,i ~ I!,I~ Hf, h ~ H . rt - (~~ 'f ~ : : : l fl ~ r ~ f'l Li j ~ f., ft! ~ j a ~ J i ~. Sl ~ ... H, 1.,.~!r rHIJ~f i~J!~! i'l Hr ~i ~i ~ ~ t'i ! ~ h 'I rt ~ ii i I" 1!5'~. f J i" I~J ! f.: i. J I it i 6 ! f . ~ e '" ~ I'" t III i 0 . , Q. ,~ - ~ " 1'(,' "" ~ ... ~ ...1_ ' g- ~ a: Q . ~ !l ~ ~ a l ~ if ~, ~ ~ ~, :t> , ijHUHHI UHf Hi HH ~f~ J}f JHHH j , ~(ii~ ~~~~'ii ;~ih n' ~~." at i;- ~l ~}Ii ~~~ , a ~ ~ i)t j l · [it ~ i", i J ~ i I f ~ fa ff fl i g- rr ( It 1 ,,) ~ [~-- f ~ f j l f ~. J i t t. ; 1 ~ i ~. a Ii' it ~ i ~ ~ ~~.. ~ a~Ra ;;[~,~ I g ~fH !";' i~ h 8~i hilt ~i!'~ iI~h~ I! rt H ~I ~~ I..alll If P1rlrjl- ~ni' H n li .f h (!.dII Il~tilii!; r-!~~ If~ ':5( ~g l~ ~"Ilfii J!l.1!1 tr~ !tf~. ~;.. t E. ~! It I.!. H fr hi qH ~~ ~t!l-ft{ L~ tL; ..1 ~~fr1 P Ir ~L r ~n l~' ~ Q if ~ I i ~ 1 !i r d i s t ~ · rt~ I 6' Q ~ Q. i Q ~ . Ii" ~ 8 t ~ ~' ~ c; .. III e\' ~. ;;r ~ lll"~ 6' Ii 11 I July 25,2005 . To: Elks Lodge 179 Attn: Terry Fredrickson Gambling Manager As of July 31, 2005 I am hereby giving you 30 day notice of cancellation of the current lease for gambling at Loggers. Please remove any of your organizations property from Loggers prior to August 31,2005. Respectfully, ~~ Owner Loggers, Inc. . [J c:~TrR t1J-L55illn I . Postage I 5 ~ I ~o ~ Cerli1ied Fee \ \ 2. j o Return Recprpt F ec II $1 7c o (Endorsement Requlredi . -J o Restricted DelivervF-ee \1 rr (Endorsemeot ReGl>rred) $0.00 ~ Total Postaqe & F8CS ~ \4.42 0232 04 Postmark Her8 \ 1 \ \ -------' 07/25/2005 ~ 1 o \ Sent To i ~ l~;;~;:;;%O:H.:....... .... ... .... ................................. ....... ... ..... \ \ .C;~.t.,-srare ZtP-,J \ \t?y~!!;~,ili1.;r_~1~~~ . . July 26, 2005 Scott M. Junker PO Box 727 Stillwater, MN 55082 J · ~ ~ j wader ) "~ ~ ~" TH~ATHPLACE OF MINNESOTA ~ Subject: Trail Easement for 12764 Boutwell Road North Dear Mr. Junker: As per our agreement the City will compensate you in the amount of. ${~lPon execution of a trail easement along 12764 Boutwell Road North.~__,.~_7 . . J f1 (10 iUl /; Sincerely, F cY l ,,/l; ~'\. , ) tJ ~ ___ (I Ofru ~ C~~_ . K1ayton Eckles Director of Public Works . CITY HALL 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE 651-430-8800 . TRAIL EASEMENT This Trail Easement by SCOTT M. JUNKER, a single person, (the "Grantor") in favor of the City of Stillwater, Minnesota (the "City"). NOW, THEREFORE, for valuable consideration, Grantor hereby grants and conveys the City a perpetual, non-exclusive easement for trail and walkway purposes over, on and across the real property legally described and as depicted on the map attached as Exhibit "A." This easement shall bind and inure to the benefit of the party, his successors and assigns. . IN WITNESS WHEREOF, the above-named parties executed the foregoing instmment 011 the db day of ~"I y, 2005, ~OR; ( ~~~ 1\1) SCOTT M. JUNKER ST A TE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instmment was acknowledged before me thid{Jfi1 day of July 2005, by SCOTT C n TNKFR '" <:inalp r\pr<:nn r:rc>ntr.r ., .. 'a~,,, '"b''' ,""''', "..""'v,~ u(()~ -m~ .- -- Notary Public . f"---" I I 11I11f I JI...., ~ {j'. SUSAN L O'BRIEN-MOORE : ~ 'NOrMY PUlJC . r.tNNESOT A I ~ . < My Cc .... EJcpm JmI. 31, 2010 l .~'---...,. ...Y"v....~~<&~t~....-.. <!"'t'" -~-<!f'''~''} I I fc", \ - -_' C : ~ :; I .2'0' ~~ "'""'" 10 ~ l . "-\ ~ / "--\ I '-,,-, '"-:J"^) B", ?-' i ~, I ''''-. " I I .: ! . tAn eascnlcnt for trail use across all that pal1 of Lot 1 Block 1 Neal rVJeadows, 8xxording to the plat thereof~ lying Easterly' of a line commen~ing atthe most Southerly Con}e.r of said I~t L th:n~~ westerly <,~ along a lme a dIstance of95.72 feet; beanng N011h )8d ! 802 . \Vest along ~ the south \vesterly line of said lot one to the point of beginning, thence J easterly along a line a distance of225.00 feet. bearing North 33d20' East ~ i thence northerly along a line a distance of 110.80 feet, bearing North 2d30' \\1 est to the N ortherlv lot line of said lot one and tenninating, J ~ ---,~ p co I" Z tV co "7 y -- tV Q -,l '...r' rJ) 'II '0 1f'I' o -? > J? 1i"2 ""'29\, Z- 6 1-' ~-- ---\---' /(-~ l ~ " 11 .1 ~,,~ '1';1:i .~, I\'J'7Jlll'/n~l(' ~">:I I \\f\. /-7~' II \'. .: C . 'l ' I ... ." i JJ lC ,\_ I, sc;~(~,c!,,;~+~,:~-~~}'i\, 1 H J= 0 I ~ ;- IJ -. I" l :) ~ "'~ i ~ , ESt' T.. c" _) 17725 l1J ( =:; z w > <( ~'\ 'zt\ Z <C <D (,9 rEJ ('L" ~ 0 "0" "'v % v 2 ""-'---,- '" , , J.,9, -, ".P<f "'-, "- ",,-,~"'-.. 3()030~011C008 48032 i I ---~~ I") c:i to I I' . , .,- ~ r ~ \ . i: ./-Ij - I 1003.~20~J.C037 ;903020440014 ; .; , ~~ - r '::\ r ~ ..(. /j 1"\'0/ ! ,,/ , q"'''J/ j ;/ l'';')~0zJ / 1 ./ 313.24 - 190::>020440'):'-5 I"") I f ~,l)G~020'i 1 0007. , I") I~ I") ~ 213, o' 300J0'2 011 (\001 ~ )/" , ,- ; / . I " / (I -\/ .' ' J4wM};~.J.~J'J.f 1~,~.1 I ~2 -~ ,-,.) . 1 / .59 '~"'.- I=>"'~.C'I -~- _~~.~o-:rj --; (-1"/1, ('Oldl'---i , ) , I ' I.~ . ,. ~ ;, , liV' fJ /"~ ,---1,_- 'y: 11 J l-;~ ~EA~)O~TS "I I I i , I 30-0:CO- ?C>-1' -00;:;1 I J _/ J ~.;j. &-" ~ 0"' !!: . 'v "-' \,) 0' ~ 'J ~ o -\ 0":'" Ul't~, \~__ II "'-" ,{1 '19 "'. ,,,/r;O co ""-, "" ~[) ~ ~"~""'~~ / .-.: "', 1;"", . on ",,- "'- ' "'-,. I J i ~ -,0, 50<91J? 100 .I 2(l0 I ~ '" ,-;0' ! _~.. ~~~ ~^I E "''''. IN "'-" . J rCFT ! --\...'('........ ""- "'-./ r L_""4- ~~ ""-...., -'-...,.. ....- ~-, -- , ! -~, -'-,-. r....\ !-) \ ,\ / I'~. ~j 1-\ 1/ y' l " "., ~?o ~'<1? .... ~" " " '~.......,- "'-,. ~~- ,I! t- ~ u" _-.ff'"o-"..~ _ I ' . , I " L. ~ lEi r . 21 G.'. .10t Street Sti.I1.n;at.cr. In ."i..50Z2 Telep1wnc= ('.5 Z 4.10-8800 Fa..n G51..c13~ ftPPLICAT10N FOR SPECL4.1~ EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event incomplete applications will nol. be processed fVu'f \ 0, ~t1' EmaJlAddress; -r 01\1\ '-10 f,. G ~L-\ fi) ~A0~ v1 N~. N~'\ \/ . A1J~rJ ~ l t7J WL)~W. Type of Noo-Profit (( /~N\ vi OGWl-\ J lAk\\f,tr~f For-Proflt ( 1.\t7' N. .5 kf'A y\. ,,,-.{~\VLW~ Stat. MN Zip (j~ 00]" Daytime Phone ~U(V4j~. ;4;~ltemate Numberlb;\) A-1A r Li oCi ~ ....lid ~. -.....'..~"""~~"'.....'JMP" ---- - --.- r- -',,"~ EVENT INFORMA nON (Spocidl Events involving the use of City Property may require Park Board or Parking . CommisskJn Review. Events on Pri~ Property may require Planning Commission review) . Date{s) of Event (,(/ {()~f,,~;")'-JUO~ HoursofEvent~'.D().).M - )\ .;'0 AM \ (Spccml Events conducted atter 10:00 p.m., require Council approval of a variance tn the noise ordinsnCB) Submittal Date: APPUCANT /NFORMA nON Organization City Contact Person Address Purpose & Description of Event ,f , ~1 ruN1A~ fJ 1\'1 I "~Lf/ G( 1~1~ 6f ,,~t M\WvA~ [ .{U~ ('~i-.t4~\\)J\~~ Df' }~~r/ \y )jv...:t-1~\' ~O '~fW.{.J( 1tiU~ _ ~ l'/~r f .A \l ~f.-( -('!--~& ~ pD /1 t}- V Y'Y ~~ Proposed Locatlon of Event (be spec ifi c ) Type of Event t. A- '" \ , l I 1. 1', If Lowell Park is to be ~ rz,o".l vA'\JJ N tlr W V 'OA /'(\ J< used; . r .... North Lowell Park Of" ~{~f '\ \.Xf.:. M ~ 0 \ A1f/ 1>1 \N ~.1 t2-f UN f4\ . South tow{!1I Park (CUde which one or both YM/)(Vv ft/1"\lV~ f OJ"\~D~ ?tf^J\~ 2.~D . ' ~.. ".. .. .... .. < . ~ ; .::.'n ," .,: ....::;..~-:(~:~:\:-:...: .":.. .1... -. ~, .. .... - .... -. ..... '. ::'''~' Estimated number of people to attend . Foiiowing information must be supplied (Put a check next to Items pertaining to your event. If not applk;ablc - Pleas{! put NfA in tlw space) Selling Alcohol ~ Temponuy Uquor Licenses are ONL Y JYaj~bkJ to norrprofit orgtl~~""'-> - $15.00 pM em] Permit to Consume i. t ).. ~ (for ttXJ cOlJ~mptJon of MoT, wi/X1, wimJ cool~, W1d h<Ud liquor on pc;bllc p. v..-",.J' ~rk:;) - $35.00 foo) Site Map (required) ~ (attach to application) Impact <Xl PaI1<lng (required) )( Describe : ~M:-'~.~__Y\LI>\)L- iJ tJD-f ~f fj'PJlQ1l V \ ~~~tX 'c.~1'J ~N" ot {~i- 0\V~ F;::O,'., Special Slgnage FP>< NO. Jul. 86 2J8~ 0~:~~FM P2 m Describe: . Letter of Approval by Pr~<;.\ lj Owner if on Private &., ^ Prop&rty (attach to appUC4rtion) ~/\ ~ X '. . What Streets: J~ y~~;ei f)~C'{ M 214- (Required if a/Ct)hol is being S13rvOO on public ",f,perty and attendam;i3 is over 7~ ..l people or at the discretion of the Police Chief) - Contact Stillwater PoIfee (651- NP-. 4351-49()()) to arrange for officer ~f~/~~~wt to ~y for restrooms . Co.,;:,.....t Public Works 275-4100) L Type of Music At-fA) v{ \ & fDv'V ( / Level of promotion/Ad~t ~/)(^) " l~ ~ rot 'tVi..D '^~\C--f !AJf;.r t+l ~W Vl ~ {J^ Ii I} r/)f\~ ~,,~ fvtl,\v\~ . A;;P{i~~re 'tijv'\j VVt# bMrlee ApproveD -tj) o~ Tents or Membrane Structures Cooking Operations Water Activities (RiverfLakes) EMS Needs Open Flame or Burning Operations Fireworks Street Closure Police Officer Needed Restrooms (Portable) Live Entertainment ~\~lX Size ~ Propane ~Rrv9r ~ake Name: Location Deep fat frying Exiting Points Other Fire Depa. ;....cllt Standby ~EMT Standby Ambulance Standby Describe Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required .~ Comments: ~ /L-- 7- z. 7-v j~ ~ .. ~/t~, I v( CK. ~ I}l/\ I ~- OC W/;Zif! olJV I yf!L(j/" Y (" I I I I I I I FEES (if applicable) Permit to Consume: Temporary Liquor license $25.00 per day Event Fee Deposit $250 00 Other Fees: e- TI;"jE lJ: . YI~:vIO Ju]y 28. 2005 TO: J\layor & City Council FROJ\ 1: City Administrator Hansen SUBJECT Waiver of fces for Library Building Project Gentlemcn: Some time ago, 1 received a formal request from the Library Board that the City waive the building permit fee. Since title to the Library (and new addition) is actually in the name of the City, it would seem appropriate not to charge ourselves. . With this in mind, ] asked Cindy Shilts, our Building Official, to waive all fees except those that arc an actual "out of pocket" expensc for the City. Cindy has now provided me with a breakdO\vn of fees to be waived and charged. REC01\IMENDA TION: Approval of building permit fees to be waived by the City for the Library project. . Larry Hansen From: Sent: To: Subject: Cindy Shilts Thursday, July 28, 2005 1235 PM Larry Hansen: Lynne Bertalmio library Expansion Project Charges . Larry. Stillwater Library Expansion project fees waived and fees charged are as follows Building permit fee $31,15875 $20.25319 Plan review fee to State Surcharge $ 1,65000 SAC (4 units @ $1450) $ 5,80000 WAC (4 units @ $800) $ 3,20000 SEWER CONNECTION $ 300.00 WATER METER for a . ? waive.. $ 40000 LICENSE VERIFICATION $ Approximate fees required to be paid: Approximate fees waived: WAIVED PORTION OF FEE PAID OUT (Approximately $15,000 will be paid out to plan reviewer contracted with city, remainder will be waived (Will submit actual Invoice Library for payment) FEE PAID TO STATE BUILDING CODES DIVISION FEE PAID TO MET COUNCIL WAIVED (must submit written request to Water Board to avoid charges) WAIVED (Engineering Dept. fee) NOT WAIVED SINCE THIS IS AN EXPENSE FOR WATER DEPT. ($400.00 is 1" Meter - may want to speak to Jim McKnight regarding this charge, possibly If larger than 1" is needed, then meter must be purchased through the SUPPlier. 5.00 WAIVED $22,880.00 $39,66375 Thanks, If you have any other questions, please let me know. Cindy . . J.: ~klr t rbP Ivxa er "~~o_.~ .-:::::;;;-." "~\ THE BiRTHPLACE OF MINNESOT,& ~ APPL1CA T10;V FOR PERIl1/T TO SELL Permit No 2005 -- 175 Location Lily Lake Ballfields Organization Organization Type (Individual, For-Profit, or Non-Profit First Name Brent Last Name Sharon Address 418 West Elm Street Date of Birth: City Stillwater State MN Zip 55082 Mailing Address (if difffTcnt than above) Daytime Phone 651-430-1207 Other Phone EV\..'nt (softball game, wedding, etc. Ball Tournament Type of Activity (fund raiser, dancing, music etc.) . Beginning Day: Friday, August 05, 2005 Beginning Time 4:00 PM Ending Day Sunday, August 07, 2005 Ending Time 6:00 PM Selling of Beer J-2 -./ Selling of Beer (over 3-2)'" Selling of Liquor'" Selling of Wine'" "'Requires a temporary license through ]\IN Liquor Control ~ 4 Wc:ucY Diane \Vard, City Cieri" OFFICE llSE ONLY Permit to Seii Issued Approved by City Council on . ;~ 1 t. f'.,iOF~TH STiLLWATER, MiNNESOTA 55082 PHONE: 651-4308800 p.o. Box 516, 106 S. Main Street. Stillwater, MN 55082 Phone:(651) 439-4001/651) 439-7700 . Fax:(651) 439-4035 . www.ilovestillwater.com July 28, 2005 Mayor Kimball and The City of Stillwater City Council 216 North Fourth Street Stillwater, MN 55082 In June, the Streetscape Committee of the Greater Stillwater Chamber of Commerce requested your support of a group who would be working on developing concepts to utilize as a trial project during the time the bridge is closed for repairs. At that time we received the approval of the City Council to approach the Historic Preservation Commission for their input and approval as well as participation of two council members. We would like to update you on the progress of the project to date. . We initially had a "brainstorming" session and received several ideas from those in attendance as well as ideas from e-mail communication. We used that information to prepare a four-page proposal, see attached. Some of these ideas would require a temporary waiver of some city ordinances. (We were told a variance would not be appropriate for a short-term trial period like this.) We brought this proposal and the concepts to the businesses in the downtown area and asked for their responses on an evaluation/suggestion survey form. Over the past several weeks, we have had many positive responses from the downtown businesses. They have given us some very interesting and exciting additional ideas. We are including an additional page with a synopsis of some of these ideas also. The underlying consensus is that this is a good opportunity to try things out and to build our relationship with the city and other businesses. Representatives will be attending the Historic Preservation Commission meeting on August 1 It to ask for their input and to ask for a recommendation that we can take to the Stillwater City Council on implementation of these concepts. We look forward to updating you on this information; The Streetscape Committee of The Greater Stillwater Chamber of Commerce . STILL WA TER STREETSCAPE TRIAL PROJECT August I - October 31, 2005 We have a unique opportunity to utilize the time period when the lift bridge is closed from August 1 Sc to October 3 1 " to try out some design concepts that would enhance the downtown area. During this time, the altered vehicle traffic patterns will be an indicator of what we could expect if the new bridge were built at one of the southern sites. The Stillwater Historic Preservatic Commission has provided us with a copy of the proposed Design Manual and has indicated that they would be willing to work with us to develop some of these concepts. The Stillwater City Council has approved our moving forward with developing several conceptual ideas for a three month trial period and has agreed to have a council member and city staff work with us to develop these concepts. Our purpose is to stimulate the social, cultural and economic functions of the downtown area. There is a wide range of physical changes that can be made to alter the psychological feel of the area. Attached is a composite of some ideas identified at the preliminary workshop. Please review them and add any additional ideas you may have. We intend to review these concepts with the full Historic Preservation Commission to be assured that they meet with their restrictions and design parameters. We will then bring the completed proposal to The Stillwater City Council to request their approval of a trial period for these streetscape concepts. We appreciate your input and are looking forward to working together on this cooperative enterprise. The Streetscape Committee of the Greater Stillwater Chamber of Commerce. Create a Warm, Welcome, Fun Atmosphere We have so many interesting and unique businesses that can't be found at the typical mall. People come to our Historic Downtown for shopping, food and entertainment. The combination of the National Scenic St. Croix River and the historical atmosphere draw visitors from all over the state and the country. These assets can be enhanced in a fun, yet classical manner. Many of our businesses are already making efforts to use outside enhancements to give a hint of the interesting things that can be found inside. Some of our businesses have found that the architecture of their building, or existing city ordinances are obstacles to using creative ways of bringing visitors into their stores. This corner location gives them more visibility but the narrow sidewalk on Myrtle Street the busy intersection and permanent public utilities, which narrow the sidewalk, make it difficult to attract shoppers. This is where some streetscape 1% concepts could enhance the business opportunities and the visitors' experience. Window planters, a bench, projecting signage, a product sculpture hanging on the wall or flags are several ideas that could be used. Nooks & Crannies While visiting and shopping in the Historic District, people occasionally need an area to rest or just visit. Several small mini parks can bring the feeling of the riverfront right onto the main street. These mini parks will have trees, planters, benches or small tables. Visitors and shoppers will be encouraged to spend more time on the main streets and in the businesses. The mini -parks help draw the visitor's eye from one interesting area to another as they are walking down the street. Just like pools of light in the night, they will encourage shoppers to walk toward them and the stores and restaurants that are near them, We already have one of these small areas in the space between Season's Tique and Marx. People use the planter boxes as benches. There are probably several small areas that could be used this way. We have identified some potential areas that could be carved out. * The small patio in front of Let There Be Light has an area that already has benches. A few planters and additional seating could draw people toward north Main Street. * By using only four stalls of the parking lot between the gas station and book store, we can break up the wide, visually empty expanse with benches, and planters and create interest in continuing north of Myrtle. * The wide sidewalk in front of the Stillwater Farm Store could add another bench to form a conversational setting that will encourage visitors to slow down. They may have time to notice the birdbath in the window. An additional benefit of these mini -parks is that they are a natural stage for street musicians, artists and puppet shows and any other street entertainment that we may try out during this trial period. Objects Create Ambiance and Memories Outside symbols of businesses have always been important elements of downtown areas. They are the calling cards representing the particular character or nature of the business. They are also what people remember after leaving the community. Sculptures send a very powerful message. They can be a piece of equipment (like the kayak in front of P.J. Asch), a sculpture of an open book in front of a bookstore. or an instrument in front of a music store. , These pieces of public art become part, of the signature of the downtown area. Well chosen objects located in front of the businesses serve as invitations and as distinctive landmarks of the downtown streetscape. Tables in front of restaurants can be used for serving or to just indicate what is being served. They also can provide gathering places for pedestrians and shoppers. Often a tasteful combination of items can send a message while fitting into the ambiance of the streetscape. A sign placed in an arrangement of plants informs the public of a special event but retains the character of the street. Convenient and safe pedestrian movement on sidewalks is crucial. We will need to maintain a 5 — 6 foot clear path between the street side obstacles (lights, planters, trash cans, etc.) and any objects on the building side. Other outside ideas we could use, are flags with symbols representing the business, framed menus outside restaurants, twinkle lights to add charm and mystery to the street. People return to cities that are memorable, inviting and friendly. The friendly part is up to the business owners and their employees. The memorable part has to do with the visual aspect. The inviting part is a combination of both. During this trial period, we want to be inviting to outside visitors. We also want to help the local residents "Fall in love with Stillwater all over again!" Prepared by : The Streetscape Committee of the Greater Stillwater Chamber of Commerce. Special recognition to "Street Reclaiming: Creating Livable Streets and Vibrant Communities" by David Engwight '. . . . Several of the businesses responded with additional ideas and concepts. We tried to summarize them to include them as part of the project proposal. Streets cape Ideas Use guidelines that require "tasteful" ideas Informational Kiosk (2ft by 4ft) sturdy & attractively designed to hold glass covered information Banners or vertical projecting signs that identify store types "ANTIQUES" or "BOOKS" Include side streets in addition to Main Street for the project Banners could mark the boundaries of the retaillbusiness area Create an attractive "Port-a-Potty" corral enclosure. Additional Ideas Free samples Implement Immediately Plan as a group for consistency and quality Permanent Changes Bike racks Enhance our "Working Relationship" with the city. Monthly sidewalk cleaning morning The responses on the whole were very positive. The businesses are looking forward to tryout different ideas without the normal restrictions. They all understand that safety and quality are important factors in making this test project a success. The original responses are on file at the Chamber Office for your review. The overall spirit of the responses is the goal that we can work together -- the businesses -- the chamber and the city to make this test project a reality and a success. . ~ , , · Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director July 29, 2005 Final Plat 8th Addition !L/ Background. The original planned unit development and preliminary plat for the 380 unit Settlers Glen Development was approved in 2000. To dcte, seven (7) additions have been approved. The 8th Addition includes 18 single family lots. The street design and lot layout has been modified to address conditions of approval of the preliminary plat. The cui de sac has been shortened and landscape added to help screen the end lots from the Brown's Creek Nature Area and trail system and the residential building design for Lots 13, 14 and 15 have been predetermined to reduce the visual impact of the residences and provide lowered roof line and articulated rear building elevations. . The most prominent point unit is a one-story walkout "prairie style" residence recognizing the natural setting. The residences on lots 14, and 15 are two-story designs with walkout typical of Settlers Glen residential development. A condition of approval requires that the landscaping be installed as a part of subdivision improvements rather than at the time of lot development to establish landscaping with trail improvement. Recommendation: Approve with conditions. Conditions of Approval. 1. The house design on Lots 13, 14 and 15 shall be as show(, on attached Map "A". 2. The color of the residences on Lots 13, 14 and 15 shall be earth tones and provided for review when building permits are issued. 3. The landscape plan, trail system and ,1ature area posting as shown on Map "A" shall be installed before 8th Addition building permits are issued. 4. The City Engineer shall approve all ponding area plans before final plat recording. 5. All trail improvements for the 8th Addition and earlier additions shall be installed and completed before any 8th Addition building permits are issued. . . . . 07/28/2005 12:29 FAX 9524737401 LUNDGREN BROS. ORRIN'l'HOMl-'SON HOMES Minnesota Calls Us Home DATE: /7...- -.---/-- ,.IV"""''''''' TO: COMPANY: (~-' / -r' t>1 .;~ .~,. /, ..;t-~ .. I I // .~ ,.:.....:?/ / .J _J/~~-1_~_--"";- ! ~_nn__ FROM: h-t ") ,/' \/ /..~":"t--- ~i , ~." SUBJECT: COMMENTS: ?7 ;f.) (v'/\L..t;.:..... ,11 i) '.11' /1"."; tC"l) t'" /Y ,. (,,0' , , ,..- {" f--.-J ""I"'" /.. f.-),/- <.. ~. r' I ( 7 "'f'~ C:,:;;;ot;: ~L"---_~~.;;i__L~_~ .-' -,> \.,,) ...., ") L "c., ,. ,J........, ' ." L 1/\.(,./ ~~-~ ..,,,/ (7 'f") /'/?' · ,,- /" .. .;.. ...... \ ;;y t? j---'" ....-, . f .,.".-.' I ._~/ ,1'/ -..........'....' 1{/~',rJ -ll":.5tL) ....\....-...,." /J~r, I , .. / I . / ", . I If you did not receive all pages or If there was a problem with the transml~ion of this message, (952)4/3-1231 cxt 200 :.<) (/ <:::-.-.,~ '. .!.) / I II f2 1:/ i \ --r ( ! l) ./ 1'-/'1" L.t__' "--:\j:> ___ )'N(~jo . _~n___.. _l... " I. kjt-:~-- f" f.;:a 1\/\ (AI C If; 'r c) [} I f / j I (" L }'l) IV~ // II /")') "/ .......-.,.. f \use"-shMeIJJnd\fOf1ns\ta;.::f{)fm~x @001/003 #;:'; ,';" - ~., /1 ~) /' J/ ",> I __'-'___ :~:""::::""<"I....,~.._ '''''1 ,~,zJ3 C) ~:>!- I" / ~-,--~..,,-- / ~, '2- 1--(0 <::) .::J //2711} ex;' --7?/~';', I,~.,~~ .- j / I ( ,-) t)"?:'> ) 1';1\' '. /, ,r::> 7~::/I J) '> \;> ,~> .-",,' ,..-" /'1'.",1 I I / l) .....~? I /l/ f,.,'" l.~,;:Ji,''/ please call 545 Indian Mound E . Wayzata, MN 55391 .952-473-0993. FAX 952-476-0194 . ~ .. J ~ ~ .~ ~ / ~~... '~~li1)@U);J-? C-~;--- k/CTL?f;7JU \_,_:~~;,'~~~~/_~ ~;w:W~~ ( "':; '\ "1[ .~~ ~ . -kr < ( . ,~"~. '. "- , r I . I.':~--,-----j;r ('- '~\" '-'Cc~~..., // ~ I jf;j9f ~ '\,.....----.. .,. ~ "'-::~. / Ii f~- I' I - /; ~,"-, ~'''-?;':. ....... ! --.- -- tL-- . \,\ ,..~;'" , ,J-_._I_ ""'/ / \ ~'~-;"9 . ,,'-;' , ~(<' \ ,) _' / r.>"<",,,-.,,, ,_ . :';;":~~,',"..'l , / . . - .,-, "" .':,\ ---------' , . (I fi/l /l-fJ" 'Ii It o --..] '---- '" <:r> '---- '" o o ,," ,... I '" , '---- 8,12(- ,/' l-O/~.b:) .'Y!_~J...,i c?f.e- > -r-..J- I i' I '~'- I I "-,. i 1i=--f~-+' ' w ,... 'Tl --- ~ ~ ~1 '" "'" -I W --..] I "'" o ,... ------J~ ! -i-' ,. \ _.~ \ \v... ,~,.../-'",./-, ~~ .y::~ -_.~~-' X--1-7/JJh ~ 8w/-fct::ltAl,6 W/!..i$C(J W 67\!-.-J VfZ- > ~ o 4 . .' .. . . melf /ftk17C c::?a; MER--!t1 pt1'(iU I [J) It- L8tsT oNt ~/t71.- '1~ ?J tJ.eP-5/cJfZ-7 ~ , .". ~ ~t:8/ r'((ir/~E;ft7t~) .-_f. _ /'.~W4iS c~p-... o.t7.....'CV. _ ~ f't:ZJUJ,vs ~- rt./rJ-J f!fzf;! [A:;qr;JIYIIM~/ \ \ PLIt12._<f!!f2'1,./I:fIJJf<7Te:/rPt;lb- -{Jfl1"W . ./ Y , \ ?b (;~a-p{]z.j?-7 ':5 b!\v ()A.:> -- f~ ;;.8c:~~ '\ t7 '8iS .;.....~,) . f I" q:;O' \ ./ I .- I '. . Tf::.A!V wttITe FrPJE ,8 Ole.. ;> .".. -----,.....- 1- '2-b -c::?5 Ct7;&-,Ecz71pV ,.... c--: Z t:l (;) :::0 m z ~.t-- ( , @ I o o ~ I o o w . . . . . # SETTLERS GLEN 8TH ADDITION KNOW ALL BY THESE PPl'e$IiNTS: Andrews, Inc , e Minnesete cerperation, OWtler and proprietor and U. $, Hon'e Cet~0raljen, a Delaware eor"poratlen, eenlrael t;lureha5er ef 1-he fOllowino d..cribed prOj!l&rty sHualed in It-'le County of Watlhlflgl(!l!'l, Sti:li-tl (!It MmneslZlta 10 Wll CITY COUNCIL O~ STILLWATER. MINNUOTA This plOI was Cll'lpr(lvtld by the City Council of the City of Stillwater, Minnesota, this ______ day of ,200 . It'd her.by eertifles 6emplianee witt! all reQuirement6 El6 set fonn in MinMsot'8 Statut". Sectien ~05,03, $ubd, 2 Outlol5 A & 8, SETTLE!!!;$ Gll!N 7TH ADDITION, aee01'dlng 10 the recorded plat thereof WlJShin~ton COI.Jnty, Mlnn.sol8 Have caused lh. ..".,.10 be surveyed and plal1ed 86 SlETTlE~S GLeN STH ADDITION sr,d do Mt'fIIby donate Md dedlc.l. to the publiC for public use f0rAV9r the easements created by this pla\ for d!~jn3Qe"~ ulJ!il" purpoBes Qn!y By: _u Mayor In witness whereof said Andrews, Ir'le , a Minn~$o\a oorporation, hai caused these presenls to be signed by ilS proper offlc.r this ____ day of 200 By: Clerk ANDREWS.INC By ._ ____~' P'lannil'lg CommiSSion Chairmen 6y STATE OF COUNTY OF By. Planning Commissien Secretary as WASHINGTON COUNTY SURVEYOR ThiS Instrument wes l'Icknowledged belore me this ___ day 01 200 by _, e$ of Arl(::lreWI, Inc , 1!I MIr'lnesOICl corporellon, on behalf of the corporallon PurSU3f11 10 Chapler 820,law& of Minneaotao, 1971, this pl81 has been approved Ihls .__ day of .200_ 8y: W(;l$hington County Surveyor 8y: Noti'Sry Public, My Commission Exoires_ Counly, WASHINGTON COUNTY AUDITORrrREASURER In witness whereof said U, S. Home CorooratJon. a Delaware corporation, has caused these preSents \0 be signed by ita proper ottlcer this ,~___ c1~y of 200_ There are no delinquent tax... the current \21)(e5 due l!Ind payable for the year ::200 "" have been paid. end transfer has been entered this _ day of ,200_" U. S HOME CORPORA TION 8y: By_ STATE OF COUNTY 01'.- Washington County AUditorfTr..surer .s 8y: Deputy This instrument was acknowledged before me It'ois _ day of ,200_, by ,as of U, S. Harne Corporation, a Delaware corporatJon. On behalf of the corporation, WASHINGTON COUNTY RECORDER Documer'lt No Notary Public. My CommIssion Expires ! hereby certify thst this InSfrument was filed in the office of !he Counly Recorder lor record on this _ day or. ,200_. at_o'clock _,M.. and was duly recorded in Washington County Records, County, I hereby certify that I have surveyed eM plaited the property described On this plat as SETTLERS GLEN 8TH ADDiTION; that thts plat Is a correct representation of said survey; that alt distances ere correcUy shown on the ptatln feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shOWn or w1!l be correctly placed In the ground as deslQnsted: that the outside boundary lines are correctly designaled On the plat: and lhat there are no wet lands as defined In Minnesota Statues, Section 505.02, SuM 1, or Dublic highways fa lie deSignated olher thar'l as shown on said plat. Washington County Recorder Deputy Henry D. Nelson,l.and Surveyor, Minn, Reg. No, 17255 STATE OF MINNESOTA COUNTY O~ ANOKA The foregoing Surveyor's Certificate by Henry D, Nelsor), Land Surveyor, MinnesOla Registration No, 17255 W8$lICknowledge(j before me this _ day of ,200_, Max L. Stanislowski Notary PUblic. Anoka County. Mlnnesola My Commiulon Expires January J 1 st, 2005. . McCOMBS FRANK ROOS ASSOCIATES, lNC. ENGINEERS AND LAND SURVEYORS SHEET I OF 3 SHEEn; SETTLERS GLEN 8TH ADDITION \ ~.p'\"0 , " "-. 'Y'(",~-, ~ ~. :\. ~\P ()<\) .,. 1-- <,. ___I , " .. , / ..---./ 'f, ~" "- o ~a ----- \ I / '(. ~ .------ /' ! II GRAPHIC SCALE '.0 0 '0 '0 1 ~O ---J ( SCALE IN FrET ) 1 INCH . 60 rrEr OIt...mAGf lit UT1UT'r (AS().I(NT'S ...R( SHOIlrN T'rlVS NOT TO SCALi I' '-j : S:' _ .J ~,_ _ co I I SEING S FUT I.... W1Dn1, UNlESS OTHfR\fltSE II-lO\O.tto, M1C -'!>JOINING lO' UNES, "NO '0 FEeT ~ 'MOTH, UNLESS OTHERWISE INOlCA Till. NiO ,iD~ RI~T-OI'-WAY UNES AND REAR LOT UNES. AS SHO\IlltI 00 rHE PlAT. o OfNOrrS SET. 1/2 INCH BY /4 INCH IRON PIPE ~1fi PLAsnC CAP IHSCRI8E1J RLS. 17255. 7}(ESf MONUUO/TS lIfU. BC PLACCD IN THE GROONO A.S Si-lO~ I+lmlN ONE 'rf"'R j.,rTtR mE RECORDING pArr or THIS PLAT. DENOrrs FOUND, 1/2 IHCH Br /4 INCH IRON PIPE ltlm PLAsnc c!>,p INSCR/8!D RLS. ! 7255. UNLESS OTHERItl$( SHON/. THE ORltNTA. T10N or 'THIS BO.RING Sl'SfO( IS .A.SSlJIJED. . . '\ <fJ / / ./ VICINITY MAP SEe. 19, T. 30 N. R. 20 W H \I'll' I' ,>.,-' I' : co. frO. HO. U (~O( ~O. N.) -~~~~~ ...'ll' \' \' !iiii' <,'v' i 3 1IOll4''ST.N, (-"",..) NOT TO SCALE INSET A McCOMBS FRANK ROOS ASSOCIATES, lNe. ENGINEERS AND LAND SURVEYORS SHEET 3 OF 3 SHEETS . ~ GRAPHIC SCALE '90 9 '.0 '90 200 , . -- I ( $<;'4l.L IN P'tET ) , INCH. 100 F'En . . SETTLERS GLEN 8TH ADDITION i ,""'--, ~"--mGE :,,",, ~ ' W[T LAND ' \ WE AND\, \ / \ '.',\ ..\ '-..... S7 1JS.61 1'00'00', 66.03 S8J~"IB'r I \ "'" , I{~!"<f' .... "- - - ______ " \ 'Os.O'!.jt --- ... , ... \ '>o'JJ' WE'rLAND... A '9s, ..".", .g ~ \ I .. ".....".. ~ " :,' '-----, '00... '~l'i' {;/;'" iI i--", , ~ t' I~ N".,'bo'2'-W ~ i ... -. t / \ I I .'" ..../1 ::;.....- ,..11---- I /-- t. _/""'I :g.,.4a.4i ".... _ -- " .- ~ 1/ 1" 8ans'2~ ""-d-"I-'..::L.., \/ I ,; (':;::;" ',,,,., ~,"'" ,:.; ;) 'f--lol "," .....""...-- 'fII" ....:; ~ ~ ,," to';.{ I"~~:,,~:c::t,:(:' ~,,""".....-:::"-,;"~,,)\~ ..:\10114<-- : '"~ ,..,.........,. r\. '" _.;::::..r f1~". ___ --..... "tiP,-..- .~.""''''.,... ~ I iiJ:S"" """,{",~,- I j- .tb.tg~ l~J$_~~:7 I ~ f~i~:~:,..2~;E~:~~:'~: bo...~~~:100.b' ,..rfJV' \. \&.~~.''l.". f~:\~~ c....1~,,!l ~ ~;,\I .. c. t'-l;," !>-. N D, ,.', I I ) / . o DENOTFS SCT, 1/2 INCH BY 14 /NO; IRCW PfP! wm p/.Asnc CAP INSOtI8CD RLS. 17255. THESE: IiONIJItICHTS MILL B! ~cro IN mE GROUND AS SHOIi'N "'fHIN ONE l'fM Af1U( 7Nf MCOROING 0.1, 1f or 711fS PLAt, 00Kl7tS FOiJHl:J. 1/2 IN~ 8Y 14 INCH IRON PIPE 1M1M' PLAS1lC CAP /NSCRJ8fjJ NLS. 17255. UNL['SS OTHlJ/IMS[ $HOItH, THe CifIOiTA >>ON or TJ./IS SCARING S''rS7OI 1$ ASSVW[D VICINITY MAP SEC. 19, T. 30 N, R. 20 W q ,,~,I~ ",,-' I ~ l! eo, !to. MO, 64 (WOKUSIQ( RD. N.) ~-~~~.. ~,I~ &,;':::1 .. ~ .pl i 3. BOnt ST. N, (1OlIMlL 00. O.) NOT TO SCALE McCOMBS FRANK ROOS ASSOCIA TES, lNe. ENGINEERS AND LAND SURVEYORS SHEET 2 OF 3 SHEEn . MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works DATE: July 29, 2005 SUBJECT: McKusick Lake Water Quality Assessment DISCUSSION Attached is a report from Bonestroo Rosene Anderlik & Associates that analyzes the condition of McKusick Lake and apprise the City Council some understanding of the issues with lake aesthetics as well as some options for additional management. . The summary of the report points to the fact that McKusick Lake has not seen a reduction in water quality this year but perhaps with some improvement. The filamentous algae outbreaks that have occurred this year in McKusick Lake and other shallow lakes in the region may be a consequence of seasonal water temperatures and climate conditions. Currently the lake is seeing a reduction in the algae while other more desirable plant species are becoming dominant. Long term, the best strategy the City can pursue is working toward reducing nutrients and other pollutants that are reaching the lake. Some options are available if in the future the City or the neighborhood desires to manage the algae blooms. These options include mechanical weed harvesting and chemical treatment. Most importantly its key that the City and the residents around the lake understand the natural condition of shallow lakes like McKusick. The report provides important information that could be passed on to residents surrounding the lake. City Council may wish to direct staff along with our consultant to hold a public open house or workshop to discuss the results of the report. This open house might also gauge the neighborhoods interest in participating in some of the management options. It should be noted that in the past on other area lakes or where residents have requested City participation, the City has generally insisted that the neighborhood be a participant in the cost sharing of any management options. The City of Stillwater has not only Lake McKusick but also Lily Lake, Long Lake and Twin Lake. Also there are a several dozen wetlands and ponds in the community, so the City could be involved in a wide range of management projects if we do not insist that neighborhoods participate. RECOMMENDATION . It is recommended that the City Council review the report and provide direction to staff as to the next step.