HomeMy WebLinkAbout2005-02-01 CC Packet
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REGULAR MEETING
RECESSED MEETING
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 05-04
Council Chambers, 216 North Fourth Street
February 1, 2005
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
1. Resolution 2005-25,
2. Resolution 200
3. Resolution 20 -
4. Resolution
5. Possible a
6. Possible
7. Possib
8. Res
9. Poss
3. City Clerk
4. Director of Admin.
5.
6.
7. City Attorney
8. Finance Director
9. City Administrator
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Possible approval of fireworks and park usage for 4th of July
2. Discussion Improvements to 72"d/lnterlachen
3. Discussion on 2005 Congressional City Conference - March 11-1
4. Possible scheduling of workshop on February 15, 2005 at 4:30
STAFF REPORTS
1.Police Chief
2.Fire Chief
CALL TO ORDER
ROLL CALL
,:PPROV AL OF MINUTES - Approval of January 18, 200
~ETITIONS, INDIVIDUALS, DELEGATIONS
1. Swearing in of New Police Officer -
2. Recognition of retirement of Mo ance Department (Resolution)
OPEN FORUM
The Open Forum is a portion of t
the meeting agenda. The Cou
to staff regarding investigation
eting to address Council on subjects which are not a part of
ction or reply at the time of the statement or may give direction
rns expressed.
CONSENT AGENDA*
ti ayment of bills
oving regular, full-time employment of Stuart Glaser as Fire Chief
, al of Rivertown Art Festival Contract
, approval of contract with John Ballis for background investigations
f ital Outlay expenditure for office furniture - Police Department
rchase 5 computers - Finance Department and Administration
urchase 5 switches to replace hubs - MIS
9, renewal of license for Antivirus software - MIS
roval to purchase EMS response jackets - Fire Department
PUBLIC HEARING
1. Case No. V104-83. This is the date and time for a public hearing to consider a request from Tony
Kerschbaum for a variance to the front yard setback (30 feet required, 10 feet requested) for the
. construction of a single family residence located at 2015 Lake Street in the RB, Two Family Residential
District, Flood Plain and the Bluffland/Shoreland District. Notices were mailed to affected property
owners and published in the Stillwater Gazette on January 21, 2005.
2. Case No. SUBN/04-90. This is the date and time for a public hearing to consider a request from Scott
Junker for a subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each with a
variance to the lot size requirement (10,000 square feet required, 8,625 square feet requested) locate~
at 1802 North Fourth Street in the RA, Single Family Residential District. Notices were mailed to .
affected property owners and published in the Stillwater Gazette on January 21, 2005. (Resolution)
3. Case No. ZA T/04-02. This is the date and time for a public hearing to consider a request from City of
Stillwater for a Zoning Text Amendment changing the duplex residential zoning district regulations.
Notices were mailed to affected property owners and published in the Stillwater e on January 21,
2005.
esolution)
islature to create a special taxing
Resolution)
nt for Lofts project - 501 S. Main
UNFINISHED BUSINESS
I. Update and possible approval of scope of work contract for Ankeny Kell
Armory (Resolution)
NEW BUSINESS
1. Request for removal of public restrooms from Stillwater Mills pro'e
2. Possible approval of lobbyist contract for 2005 (Resolution)
3. Possible approval to apply for the Preserve America Comm
4. Possible reappointment of members to Library Board (Res
5. Amending the feasibility report for 2005 Street Improve
6. Possible approval of resolution encouraging the Minn
district for the Middle Sf. Croix Water Management Or
7. Possible approval of amended & restated developmen
(Resolution)
8. Possible approval of two HVAC redesign pro
9. Possible approval of resolution for decertificat
Hall (Resolution)
f TIF District #3 (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS &
COMMUNICATIONS/REQUESTS
.
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
*
All items listed under the c
enacted by one motion.
citizen so requests, in whi
separately.
are considered to be routine by the City Council and will be
no separate discussion on these items unless a Council Member or
he items will be removed from the consent agenda and considered
.
2
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REGULAR MEETING
RECESSED MEETING
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 05-04
Council Chambers, 216 North Fourth Street
February 1, 2005
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Possible approval of fireworks and park usage for 4th of July
2. Discussion on 2005 Congressional City Conference - March 11-15,2005
3. Possible scheduling of workshop on February 15, 2005 at 4:30 p.m.
STAFF REPORTS
1.Police Chief
2. Fire Chief
3. City Clerk
4, Director of Admin.
5. Community Dev. Dir.
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 - Approval of January 18, 2005 regular meeting minutes.
.ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Swearing in of New Police Officer - David Wulfing
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 2005-25, directing payment of bills
2. Resolution 2005-26, Approving regular, full-time employment of Stuart Glaser as Fire Chief
3. Resolution 2005-27, approval of Rivertown Art Festival Contract
4. Resolution 2005-28, approval of contract with John Ballis for background investigations
5. Possible approval of Capital Outlay expenditure for office furniture - Police Department
6. Possible approval to purchase 5 computers - Finance Department and Administration
7. Possible approval to purchase 5 switches to replace hubs - MIS
8. Resolution 2005-29, renewal of license for Antivirus software - MIS
9. Possible approval to purchase EMS response jackets - Fire Department
PUBLIC HEARINGS
1. Case No. V104-83. This is the date and time for a public hearing to consider a request from Tony
Kerschbaum for a variance to the front yard setback (30 feet required, 10 feet requested) for the
construction of a single family residence located at 2015 Lake Street in the RB, Two Family Residential
. District, Flood Plain and the Bluffland/Shoreland District. Notices were mailed to affected property
owners and published in the Stillwater Gazette on January 21, 2005.
2. Case No. SUBN/04-90. This is the date and time for a public hearing to consider a request from Scott
Junker for a subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each with a
variance to the lot size requirement (10,000 square feet required, 8,625 square feet requested) located
at 1802 North Fourth Street in the RA, Single Family Residential District. Notices were mailed to .
affected property owners and published in the Stillwater Gazette on January 21, 2005.
3. Case No. ZAT/04-02. This is the date and time for a public hearing to consider a request from City of
Stillwater for a Zoning Text Amendment changing the duplex residential zoning district regulations.
Notices were mailed to affected property owners and publiShed in the Stillwater Gazette on January 21,
2005.
UNFINISHED BUSINESS
1. Update and possible approval of scope of work contract for Ankeny Kell relating to National Guard
Armory (Resolution)
NEW BUSINESS
1. Request for removal of public restrooms from Stillwater Mills project
2. Possible approval of lobbyist contract for 2005 (Resolution)
3. Possible approval to apply for the Preserve America Communities Designation (Resolution)
4. Possible reappointment of members to Library Board (Resolution)
5. Amending the feasibility report for 2005 Street Improvement Project (Resolution)
6. Possible approval of resolution encouraging the Minnesota State Legislature to create a special taxing
district for the Middle St. Croix Water Management Organization (Resolution)
7. Possible approval of amended & restated development agreement for Lofts project - 501 S. Main
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
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. ,IPPL'Cf1 T'Oi\' Ton SPEC':", El'E.'VT
All items on application MUST be completed and received by the City 45 days prior to proposed
event
Incomplete applications will not be processed
Submittal Date:
1-)J~05
APPLICANT INFORMA nON
Organization
t2/~ D~~TILC..AA(~ kT. {ltLoix E./~*~
, I
1:::.401 F-_ E~t<.5,eu;,.,
Type of
Organization
Non-Profit
For-Profit
x
Contact Person
Address
P.o. bel- ~ t I
City
-S.TK..L.~4~
State fill\!.
Zip____~~~~~_
Daytime Phone
100- &~C;(_
Alternate Number (:::F!~_*C;;~-::_~~!'f
EVENT INFORMA nON (Special Events involving the use of City Property may require Park Board or Parking
Commission Review. Events on Private Property may require Planning Commission review)
Date(s) of Event
04L..../
[I 4"
J
,
Hours of Event I ~ NGo'-l ~ II r1''''"' .
(Special Events conducted after 10:00Ip.m., require
Council approval of a variance to the noise ordinance)
.
Purpose & Description of Event
9-~~
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(1_ 'E" c ~ .t. {.A TI N
- - .....-
Proposed Location of Event (be
specific)
~'~" p~ JoCnj
PI {) I..l fo-vL ~I(
4"/ ~""'~
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If Lowell Park is to be
used:
North Lowell Park or
South Lowell Park
(Circle which one or both)
Type of Event
Q"':1 <-f
C LeE ~("" 7'" r(
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Estimated number of people to
attend
.3, O() 0 +
/
Following Information must be supplied
(Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space)
Selling Alcohol
N<;
JJe:,
Temporary Liquor Licenses are ONL Y available to non.profit organizations - $25.00 per day
Permit to Consume
(for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35,00 fee)
Site Map (required)
.mpact on Parking (required)
(attach to application)
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~f
O~Y-s
__rf~aI~__
Describe:
(CONTINUE ON BACK)
Special Sign age
rJo
Describe:
letter of Approval by Property Owner if on Private
Property (attach to application)
Tents or Membrane Structures
Cooking Operations
Water Activities (River/lakes)
EMS Needs
Open Flame or Burning
Operations
Fireworks
Street Closure
Police Officer Needed
Restrooms (Portable)
Live Entertainment
level of Promotion/Advertisement
,,1/1
,
location
~f~
&-j~, Size /AAI(AJ""'~
~.
~ Propane j...-s Deep fat frying
'-Jo River lake Name: ______________________
EMT Standby Nt,
Ambulance
Standby
tIo
~
.
Exiting Points
Other
Fire
Department
Standby
!i~
... -
.i:t?' Describe
~:: What Streets:__~--&_L-~--~=~-~__l~--------
(Required if alcohol is being serv~ on public property and attendance is over 75
people or at the discretion of the Police Chief) - Contact Stillwater Police (651-
351-4900) to arrange for officer
#f:
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Type of Music
(Applicant to pay for restrooms - Contact Public Works 275-4100)
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Other Info the City should be aware of:
~.
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
Revised: July 15, 2004
. OFFICE USE ONLY
Comments:
FEES (if applicable)
Permit to Consume:
Temporary Liquor License
$25,00 per day
Event Fee
Deposit $250.00
Other Fees:
TOTAL FEES
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t.Croix
- --~~-"--_.-
EVENTS/INC.
January 25, 2005
To:
Mayor Jay Kimble
Councilman Dave Junker
Councilman Mike Polehna
Councilman Wally Milbrandt
Councilman Ken Harycki
Administrator Larry Hansen
From:
Dave Eckberg
St. Croix Events, Inc.
RE:
July 4 Fireworks '05
Julv 4 Fireworks 2005
We are proposing the following from the City of Stillwater for July 4 Fireworks this
summer.
That the City contribute the sum of $15,000 to help defray the cost
of fireworks and provide porta potties to accommodate the crowd.
This is the same contribution that the City has made towards our
July 4 fireworks .activities since 1996.
In addition we would like the City to act as a conduit for Fireworks
contributors including but not limited to the Margaret Rivers Fund
and the Bayport Foundation.
Exclusive use of Lowell Park and Pioneer Park on July 4th. It is
important that our office have the ability to coordinate activities in
both parks. Central coordination eliminates the possibility of
sponsor conflicts.
Planned activities for July 4 include: Orchestra concerts in both
Lowell Park and Pioneer Park; Kids activities in Lowell Park;
concessions in both Lowell Park and Pioneer Park; musically
choreographed fireworks simulcast on 1220 AM and through the full
sound system in Lowell Park.
Military flyover invitations have been sent. At this time final
confirmations have not been received.
P.O. Box 3 1 1 · S till w ate rIM N 55082 · Phone 65 1/430 - 2 3 06 · Fax 65 1/430 - 0 553
Memorandum
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Date: 1/31/2005
To: Mayor, Council, and City Administrator
From:Klayton Eckles, Public Works Director
RE: Improvements to 72nd/lnterlachen
/
'-\;::..
Discussion
.
At January 18 meeting, Council discussed the concept of paving 72nd Street,
east of Mid Oaks. Staff recommended that Council consider this issue after
staff completed a background report. Therefore we have pulled together
some information for Council to consider prior to making a decision.
Specifically, we've provided background on the planning and engineering
analysis that went into the original decision to maintain 72nd as a thru street.
We've completed traffic counts that provide a relative measure of the amount
of traffic using the street. A cost analysis of the project has been provided.
Cost recovery options could be provided in a future memo.
In 1997 when Liberty was in the planning stages, significant discussion of the
ultimate proposal for 72nd occurred. I've attached a memo from Steve Russell
that provides input on the planning discussions that have taken place.
Various options for the ultimate design of 72nd were considered at that time
including paving, closing, one-way, and "As is". As a result of planning input,
the best solution at the time was deemed to design the Liberty road network in
such a way as to discourage the use of 72nd as a cut thru street. Also, it was
determined that by leaving the road in its current state, traffic volumes would
be reduced, and the final street configuration and condition could be dealt with
as an element of future development in the area bordering 72nd.
The developer was required to provide a traffic analysis of the development,
and this included a discussion of 72nd street. Several pages of a report on
traffic issues prepared by Benshoof & Associates, a traffic-engineering
consultant working for Liberty developers, are attached. As can be seen from
this report, the estimated peak hour traffic volume at ultimate development
was estimated to be 33 cars per hour on 72nd street. More importantly, the
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1/31/2005
Improvements to 72nd/lnterlachen
.
nature of the traffic was expected to be primarily local in nature, including drop
offs at school, trips to the commercial area, and inter-neighborhood trips. This
road was deemed a good link for providing alternative access for emergency
vehicles, as well as a non-motorized route. The importance of
interconnectivity, and the lack of any east-west connections between highway
36 and county 12 make 72nd an important link for providing these functions.
The police department collected traffic and speed data for 72nd street for us,
and the data gathered is attached. What the data shows is the Average Daily
Traffic (ADT) for 72nd street is extremely low, with only 87 ADT traveling
between the Liberty and Croixwood neighborhoods. Mid Oaks has about
what we'd expect, 95 ADT, or 8-10 trips per household. The following table
shows the results of the traffic counts, as well as some known streets for
comparison:
· 72nd Street, West of Mid Oaks ADT:
· 72nd Street, East of Mid Oaks ADT:
. Mid Oaks at 72nd
,
87 ADT
182 ADT
95 ADT
.
· Deerpath, prior to turn restriction: 3500 ADT
· Maryknoll, near County 12:
1700 ADT
500-1200 ADT
80-100 ADT
· Typical residential street
· Typical Culdesac (10 homes)
The peak hourly vehicle volume was measured at 14 vehicles. Benshoof &
Associates predicted the maximum peak hour traffic would be 33 vehicles on
72nd street. In comparison, Benshoof predicted a PM peak hourly volume on
Rutherford at county 12 of 381 vehicles.
In terms of speed, we found that not only is the traffic volume low, but the
speeds are as well. For the 3 days of collection, the 85th percentile of speeds
was between 23 and 25 mph. In the 3 days, only 4 vehicles were traveling at
30 mph to 34 mph. The posted speed is 30 mph. This is an indication that
the design features of the road and surrounding terrain make it uncomfortable
for drivers to exceed speeds over about 25 mph.
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1/31/2005
2
Improvements to 72ndllnterlachen
.
The condition of the gravel section of 72nd street has been pretty poor due to
the lack of drainage and failure to replenish the gravel. Any permanent
solution would require addressing the drainage problem. Engineering staff
have reviewed the road condition, drainage, and topography and developed 5
possible actions as follows:
.
1. Regrade existing gravel section. This option would involve some
minor grading of the shoulders to try to enhance the drainage. Then
additional gravel would be imported to improve the road strength and
durability. This option would retain the rural character of the area,
maintain the inherent speed control of gravel, and allow for future road
solutions that might be part of an overall solution to the 72nd street
question. The down side of this option is the limited improvement in
ride ability of the road, and ongoing maintenance that would be
required, and nonpermanent nature of it. Cost: $10,370.
2. Regrade then pave the road. This option is similar to option 1, except
we would add a 2" lift of blacktop. The life of the blacktop would likely
be less than 5 yrs because the poor drainage would accelerate the
deterioration. Cost: $26,300.
3. Full rural section with pavement. This option would involve regrading
the right of way to add ditches to allow for drainage. Then a
permanent 4" pavement could be installed. This project would have
the same life of a typical street. It would require major clearing of the
woodlands and significant grading, leaving a wide corridor. The
resulting street section would be more conducive to cut thru traffic, as
well as improve visibility and ride-ability, perhaps leading to increased
speeds. Cost $47,000.
4. Urban section with storm sewer. Instead of creating ditches, curb
could be added. Storm water would require the installation of pipes.
This design would not impact the woodland as much, and could leave
the road corridor looking similar to the current one. It would require a
discharge location and sedimentation basin for the storm sewer. The
most likely location for this would be on the north side, on DNR
property. This could be a difficult issue t resolve. With a narrow urban
section, and limited right of way disturbance, the speeds on the road
would probably increase, but not as much as in option 3. Cost:
$59,000+ (easement issues and costs are unknown).
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1/31/2005
3
Improvements to 72nd/lnterlachen
.
5. Do nothing. Staff is aware of one vocal resident that is advocating
pavement. Staff has also received comments suggesting that things
remain as they are, as gavel keeps speeds and volumes to a
minimum.
In all of the options that would result in a gravel street, it is recommended that
the stop signs be removed. The braking action of vehicles at the stop sign
result in an increased washboard and pothole affect.
There are a few options for financing a project such as this, including
assessments, but staff has not had time to fully present these at this time.
Recommendation
Staffs recommends Council review all of the material and select an option
from the list above. Keeping in mind the public hearings and discussions that
have taken place on this issue in the past Council might consider opening the
issue to public discussion if an option is chosen that would be a significant
change from the present condition.
.
KHE
Attachments
.
1/31/2005
4
· Memo
To:
From:
Date:
Subject:
Klayton Eckles, City Engineer
Steve Russell, Community Development Director f/
January 31, 2005
Future of 72nd Street North (Interlachen)
Background. The future of 72nd Street North was a considered during the Phase I
Liberty/Legends area annexation and development. Before annexation and
development, 72nd Street North was a township road that intersected with Manning
Avenue south of the CR 15/12 intersection. The intersection was a dangerous
intersection and eliminated as part of Liberty development.
.
The easterly portion of 72nd Street North between Croixwood and Melville Court was
also considered in a traffic analysis of the proposed road system. The traffic study
concluded that traffic would increase with development but not to high levels because
of the design of the road system proposed for Liberty. I believe the traffic counts
recently collected by the police department bear out that analysis.
During Liberty plan review, some people wanted to close 72nd Street at Mid Oaks, others
wanted to make it one way and still others wanted to improve the "washboard"
condition by paving. The conclusion to the discussion with input from Glen Van
Wormer, Traffic Engineer, was to improve the road to the extent of the Liberty project
and leave the existing road in its current gravel road condition. This would allow the
future of the road to be considered when the land to the north of 72nd Street and ~
of Rutherford School development. /;/1 :','
When that area develops, 72nd Street could be looped further away from the lake into
the land area and back to 72nd to the west. This design would further inhibit cut
through traffic, but allow neighborhood connectivity (see attached map).
The trail could remain on the old road location and connect to the Liberty Long Lake
trail system to the south and Brown's Creek system to the north.
An added advantage of waiting is that some of the cost of the final road design could be
paid for by the developers of the land to the north.
.
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EFYECTS ON 72ND STREET
Existing counts on 720d Street east of CSAH 15 show volumes of less than 10 vehicles
during both the a.m. and p.m. peak periods. These are_ trips to and from the existing
neighborhood to the east. These existing trips are not expected to use 720d St. in the future
because the indirect routing and multiple turns through the new development would be less
convenient than alternative routes available for these trips.
I
720d St. at the eastern boundary of the development is expected to serve the following
functions in the future:
· Trips between the school and the neighborhood to the east. The school board has
stated that it currently has no plans to route any of its buses along 72nd Street. Any
trips along this route will be by parents, who live east of the new development,
picking up and dropping off their children.
· Trips between the commercial component of the new development and the
neighborhood to the east.
· Inter-neighborhood trips between the new development and the neighborhood to the
east.
No significant "through" traffic is expected on 720d St. because the street pattern in the new
development requires multiple turns and stops for any motorists using 720d St.
Figure 3 indicates that the expected volume on 720d St. at the eastern boundary of the new
development will be 23 vehicles in the a.m. peak hour. As shown in Figure 4, the projected
p.m. peak hour volume is 33 vehicles. These volumes are at the lower end of the normal
range for residential streets, and thus no adverse impacts are expected on 720d St.
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-12-
Headinl!l
Heading2
Heading3
Titlel : Interlauchen drive Site: 01/.5
Title2 : N,E, Date:
Title3 : 30 M P H Direction:
Begin Total 1-14 -- 60-64 65-69 70.99 -_.--~.-_._-
]5-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55.59 Avg
Time MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH
12:AM * * * * *
0100 * *
0200 * * *
03:00 * *
04:00 * *
05:00 * * *
0600 * * *
07:00 *
08:00 *
09:00 * * * * * *
10:00 * * * * * * *
1100 * * * *
12:PM * *
01:00 *
02:00 *
03:00 12 6 2 2 ] I 0 0 0 0 0 0 0 0 15
04:00 23 9 5 8 I 0 0 0 0 0 0 0 0 0 ]5
05:00 22 9 3 8 2 0 0 0 0 0 0 0 0 0 ]6
0600 23 13 5 3 2 0 0 0 0 0 0 0 0 0 *
07:00 23 II 3 7 I I 0 0 0 0 0 0 0 0 15
08:00 17 7 0 6 4 0 0 0 0 0 0 0 0 0 17
0900 I] 2 3 4 ] I 0 0 0 0 0 0 0 0 19
10:00 4 I 2 I 0 0 0 0 0 0 0 0 0 0 16
11:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Dailv 135 58 23 39 12 3 0 0 0 0 0 0 0 0 .6
Totals
Percent 430 ]7.0 28.9 8.9 2.2 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0
of Total
Percentile Speeds lQ% 15% 50% 85% 90%
4.4 6.1 17.2 24.4 25.8
10 MPH Pace Speed : ]5 - 25
Number in pace 62
% in pace 45.9
Speed Exceeded 45 MPH 55 MPH 65 MPH
Percentage 0.0 0.0 0,0
Totals 0 0 0
.
Data File:
$TM$OO] 6
Printed: 1/26/2005
Page:
Headimd
Heading2
Heading3
.~ : Interlauchen drive Site:
: N.E, Date: 01/26/05
Title3 : 30 M P H Direction:
-~---
Begin Total 1-14 15-19 20-24 25-29 30.34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70.99 Avg
Time MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH
12AM 2 I 0 0 ______._____u____ _ 0 0 0 0 15
1 0 0 0 0 0
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 I 0 0 I 0 0 0 0 0 0 0 0 0 0 22
05:00 2 I 0 I 0 0 0 0 0 0 0 0 0 0 15
06:00 3 I 0 0 2 0 0 0 0 0 0 0 0 0 21
07:00 8 4 3 I 0 0 0 0 0 0 0 0 0 0
08:00 8 4 3 0 I 0 0 0 0 0 0 0 0 0
09:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
] 100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
12:PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
06:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
07:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
09:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
10:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
11:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
i 24 II 6 4 3 0 0 0 0 0 0 0 0 0 15
Percent 45.8 25.0 167 12.5 0.0 0.0 00 00 00 0.0 0.0 0.0 0.0
of Total
Percentile Speeds 10% 15% 50% 85% 90'2"0
4.8 6.1 15.8 25.0 26.7
10 MPH Pace Speed . 15 - 25
Number in pace 10
% in pace 41.7
Speed Exceeded 45 MPH 55 MPH 65 MPH
Percentage 0.0 0.0 0.0
Totals 0 0 0
.
Data File : $TM$0016
Printed: 1/26/2005
Page : 2
Headillf!l
Heading2
Heading3
Titlel Interlauchen Drive Site: 01/.5
Title2 S.E. Bound Date:
Title3 30 M P H Direction:
Begin Total 1-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-99 Avg
Time MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH
12:AM * * * * "*
01:00 * * *
02:00 * * * *
0300 * * * *
04:00 * * * *
05:00 * * * * * *
0600 * * *
07:00 * * * * * *
08:00 * * * * *
09:00 * * * * * *
]0:00 2 0 0 2 0 0 0 0 0 0 0 0 0 0 22
1100 5 0 4 1 0 0 0 0 0 0 0 0 0 0 18
12PM 4 2 2 0 0 0 0 0 0 0 0 0 0 0
01:00 6 I 2 3 0 0 0 0 0 0 0 0 0 0 ]8
0200 4 0 3 1 0 0 0 0 0 0 0 0 0 0 18
03:00 2 ] 0 1 0 0 0 0 0 0 0 0 0 0 ]5
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0500 * * * *
06:00 * * * * * *
07:00 * * * * * * *
0800 * * * * * * * * * *
09:00 * * * * * *
10:00 * * * * * * *
11:00 * * * * * * * *
Daily 23 4 ]1 8 0 0 0 0 0 0 0 0 0 0 .7
Totals
Percent 17.4 478 34.8 0.0 0.0 0.0 0.0 00 0.0 0.0 00 0.0 0.0
of Total
Percentile Speeds 10% 15% 50% 85% 90%
11.5 15.0 18.6 23.1 23.8
10 MPH Pace Speed : 15 - 25
Number in pace 19
% in pace 82.6
Speed Exceeded 45 MPH 55 MPH 65 MPH
Percentage 0.0 00 0.0
Totals 0 0 0
.
Data File :
$TM$OO 17
Printed: 1/26/2005
Page:
Headint!l
Heading2
Heading3
.~ : Interlauchen Drive Site:
: Sw Direction Date: 01/27/05
Title3 : 30 M P H Direction: SW
Begin Total 1-14 -----------
15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-99 Avg
Time MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH
12AM * * * * *
0100 *
0200 *
0300 * *
0400 * *
0500 * *
0600 * * *
0700 * * * *
0800 *
0900 5 I 4 0 0 0 0 0 0 0 0 0 0 0 15
1000 3 0 3 0 0 0 0 0 0 0 0 0 0 0 17
1100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
12PM 6 ] 4 I 0 0 0 0 0 0 0 0 0 0 16
0100 2 0 2 0 0 0 0 0 0 0 0 0 0 0 17
0200 6 0 2 4 0 0 0 0 0 0 0 0 0 0 20
0300 7 0 4 3 0 0 0 0 0 0 0 0 0 0 19
0400 7 I 3 3 0 0 0 0 0 0 0 0 0 0 18
0500 14 I 9 4 0 0 0 0 0 0 0 0 0 0 18
0600 6 0 3 3 0 0 0 0 0 0 0 0 0 0 20
0700 5 0 2 3 0 0 0 0 0 0 0 0 0 0 20
08:00 6 ] I 4 0 0 0 0 0 0 0 0 0 0 19
0900 3 0 I 2 0 0 0 0 0 0 0 0 0 0 20
1000 ] I 0 0 0 0 0 0 0 0 0 0 0 0
11:00 I 0 I 0 0 0 0 0 0 0 0 0 0 0 17
I 72 6 39 27 0 0 0 0 0 0 0 0 0 0 18
Percent 8.3 54.2 37.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
of Total
Percentile Speeds LQ% 15_% 50% 85% 90%
15.3 15.6 18.8 23.1 23.7
10 MPH Pace Speed: 15 - 25
Number in pace 66
% in pace 91.7
Speed Exceeded 45 MPH 55 MPH 65 MPH
Percentage 00 0.0 0.0
Totals 0 0 0
.
Data File:
$TM$0018
Printed: 1/28/2005
Page:
Headint!l
Heading2
Heading3 .
Titlel : Interlauchen Drive Site:
Title2 : Sw Direction Date: 01/28/05
Title3 : 30 M P H Direction: SW
Begin Total 1-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-99 Avg
Time MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH
12:AM 6 2 I 2 0 I 0 0 0 0 0 0 0 0 ]8
0100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 I 0 I 0 0 0 0 0 0 0 0 0 0 0 17
05:00 2 0 I I 0 0 0 0 0 0 0 0 0 0 20
0600 1 0 I 0 0 0 0 0 0 0 0 0 0 0 17
07:00 5 0 0 5 0 0 0 0 0 0 0 0 0 0 22
0800 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0900 * * * *
10:00 * * * *
11:00 * * *
12:PM * * * *
01:00 * * * * * *
02:00 * * * *
03:00 * * * *
04:00 * * * * *
05:00 * * * * *
06:00 * * * * * * * *
07:00 * * * * * * * *
08:00 * * * * * *
09:00 * * * * * * *
10:00 * * * * *
] 1:00 * * * * * * * *
Daily 15 2 4 8 0 0 0 0 0 0 0 0 0 .-
Totals
Percent 13.3 26.7 53.3 0.0 6.7 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0
of Total
Percentile Speeds 10% 15% 50% 85% 90%
15.0 16.3 21.3 24.4 25.0
10 MPH Pace Speed: 15 - 25
Number in pace 12
% in pace 80.0
S peed Exceeded 45 MPH 55 MPH 65 MPH
Percentage 0.0 0.0 0.0
Totals 0 0 0
.
n~t~ J;ilp .
q:Tl\Aq:nn I R
Pr;ntpn. I /?R/?OO~
p"PP. . 2
"
.
.
.
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 05-03
January 18, 2004
REGULAR MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7:00 p.m.
Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble
Others Present:
City Administrator Hansen
City Attorney Magnuson
Police Chief Dauffenbach
Fire Chief Glaser
Public Works Director Eckles
Finance Director Harrison
Director of Administration Knauss
City Clerk Ward
APPROVAL OF MINUTES
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to approve the
January 4, 2005 City Council regular meeting minutes and January 11 & 12, 2005 special
meeting minutes with the revised page 1. All in favor.
OTHER BUSINESS
Certification of Citv Council election results of Januarv 12. 2005.
Mayor Kimble noted that the Council had interviewed candidates to fill the position
vacated by Gary Kriesel on Jan. 11 and Jan. 12. He stated the Council had a difficult
decision, as there was a great slate of candidates. The Council was in agreement,
however, that Mike Polehna was the best candidate.
Motion by Councilmember Junker, seconded by Councilmember Harycki to certify the election
results of January 12, 2005. All in favor.
OATH OF OFFICE FOR APPOINTED MEMBER OF COUNCIL
City Clerk Ward administered the Oath of Office to Mr. Mike Polehna - Ward 4.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Mayor Kimble welcomed students from Ms. Ferguson's class at Stillwater Area High
School who were in attendance.
City Council Meeting - 05-03
January 18, 2005
"
Nature Vallev Grand Prix - Minnesota Bike Races
.
Tim Romels, representing race organizers, was in attendance. He thanked the city of
Stillwater for helping host this event in the past and asked if there were any questions or
concerns.
Mayor Kimble asked Police Chief Dauffenbach if he had any concerns. Chief
Dauffenbach stated that last year organizers made some improvements to correct past
traffic problems. He stated race organizers are good to work with and recommended
approval of the June 12 race.
Mr. Romels said this year's race would be over a slightly shorter venue. He explained
the procedures for notifying residents impacted by street closures. Mr. Junker stated
race organizers have done a good job in working with and notifying neighbors and
called the race a great event for the city of Stillwater.
Motion by Council member Milbrandt, seconded by Councilmember Harycki, to approve the
June 12 Nature Valley Grand Prix and directed staff to continue working with race organizers
in coordinating the event. All in favor.
OPEN FORUM
No one was present from the public.
.
STAFF REPORTS
Public Works Director Klayton Eckles reviewed the Public Works and Engineering
Department's annual report, which was included in the packet. Mr. Eckles stated the
intent was to provide a report that was useful to the general public and to new Council
members. The report provides information on the main duties of each division; any
significant changes, such as increases in the size of the infrastructure; goals and
objectives and how far the department got in meeting goals and objectives.
Mr. Eckles highlighted some of the financial comparisons. The department's percentage
of the City's overall budget has been decreasing, something that may have implications
overtime. The department's overall budget has been growing at a compound growth
rate of 5.5 percent a year while the Consumer Price Index has risen at a rate of 2.8
percent during the same time period, indicating there is some real budget growth. Mr.
Eckles noted the department's assets have grown as well. The question, he said, is
whether the department's budget capacity is keeping pace with the growth community.
Mr. Eckles also reviewed personnel levels from 1993-04. He noted that since 1997
there has been virtually no change in full-time staff, and the number of part-time staff
has been declining since 2000. Miles of streets per employee has risen from nine in
1993 to 11 currently, a number that impacts plowing and street maintenance. There was
a big increase in the number of acres of parks/open space per employee from 1999 to .
2000, he said, due to the new Liberty, Legends, Brown's Creek and Aiple areas, as well
Page 2 of 11
,
.
Cit~Council Meeting - 05-03 January 18, 2005
as some bookkeeping changes. Currently there are about 80 acres of open space per
employee, a figure that has implications as park improvements are made adding to the
demand for parks.
The engineering division of the department currently has six full-time employees, a
significant growth from the late 1990s. At the same time, the City has cut back on its
use of outside consultants and done more work in-house. In 2004, the engineering
division had $600,060 worth of billable hours, compared to its budget of $338,000.
Administrator Hansen commended Mr. Eckles on the quality of the report, as did
Council member Junker.
Councilmember Milbrandt requested that the section relating to the parks division be
provided to the Park and Recreation Board.
CONSENT AGENDA
.
Resolution 2005-12, directing payment of bills
Resolution 2005-13, Approving the Agreement between the City of Stillwater and Law
Enforcement Labor Services, Inc. (Local No. 257) representing Stillwater Patrol Officers
Resolution 2005-14, Approving salary schedule for seasonal parking lot attendants
Approval of Special Event - American Diabetes Annual Walk - Oct. 1,2005
Approval of Special Event - Kid's Ski Race - Jan. 29, 2005 (Brown's Creek trails)
Approval of Special Event - Hope House 10th annual fund raiser - May 7, 2005
Approval of Banner Installation - Fall Art Fair - Greater Stillwater Area Chamber of
Commerce - Sept. 16-0ct. 3, 2005
Approval of rollover of funds from 2005 to 2005 - MIS
Approval of utility bill adjustments - Sewer charges
Approval of transfer of special assessment balances
Approval of placement of Stillwater Bridal Affair sign - Washington County Historic
Courthouse
Resolution 2005-15, acquisition of tax forfeited land
Resolution 2005-16, approving amendments to Section 125 plan (flexible spending
plan)
Councilmember Polehna asked if item No. 11 should be pulled from the Consent
Agenda due to a possible conflict of interest, as he is the Historic Courthouse
supervisor. City Attorney Magnuson agreed that would be appropriate.
Motion by Councilmember Junker, seconded by Council member Milbrandt, to approve the
Consent Agenda, deleting Item No. 11.
Ayes: Council members Polehna, Milbrandt, Harycki, Junker and Mayor Kimble
Nays: None
.
Motion by Councilmember Milbrandt, seconded by Council member Harycki to approve the
placement of Stillwater Bridal Affair sign - Washington County Historic Courthouse.
Page 3 of 11
City Council Meeting - 05-03
Ayes: Councilmembers Milbrandt, Harycki, Junker and Mayor Kimble
January 18, 2005
,
Nays: None
Abstain: Council member Polehna
.
PUBLIC HEARINGS
There were no public hearings
UNFINISHED BUSINESS
Possible second readina of Ordinance relatina to Zonina Text Amendment chanaina the
- ~ - . --
reaulation of nonconformities (land use and buildinas) allowina continuance of such
nonconformities in certain situations consistent with Minnesota Statues.
City Attorney Magnuson noted the Zoning Text Amendment puts the City's Ordinance in
compliance with recent changes in State Statute. He noted the Amendment gives
further rights to owners of nonconforming properties, allowing them up to one year to
rebuild a structure destroyed by fire. The one exception, he said, is those portions of the
City in the Flood Plain/Shoreland Overlay District of the St. Croix National Scenic
Riverway, which are subject to Riverway regulations rather than City Ordinance.
Motion by Council member Junker, seconded by Council member Milbrandt, to adopt
Ordinance No. 952, an ordinance amending Chapter 31 of the City Code, Zoning 31-1, Subd.
9, Nonconforming uses.
.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Update on RFP process for fire service deliverv studv
Fire Chief Glaser noted the Council had approved the service delivery study on Dec. 7.
The time for submitting RFPs closed Jan. 15. Six firms submitted proposals. The next
step in the process, he said, is to review the written proposals and then interview a short
list of candidates and decide on how to proceed. He said he would like a committee of
five, including himself, City Administrator Hansen, the Deputy Fire Chief and Part-time,
On-Call Assistant Chief and one Councilperson to serve on the review committee.
Councilmember Junker volunteered to be the Council representative.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to move forward
with the review process and appoint Councilmember Junker as the Council representative on
the review committee. All in favor.
NEW BUSINESS
Possible approval of service contract for Ankenv K~II relatina to National Guard Armorv
Community Development Director Russell told the Council that last week he and Mayor.
Kimble met with National Guard representatives. He noted that since 9/11 there have
Page 4 of 11
.
City Council Meeting - 05-03 January 18, 2005
been additional design criteria for siting new Armory facilities, especially criteria relating
to setback, which have implications for the City's proposed Armory facility near the
Recreation Center. Mr. Russell said he would like to enlist the services of Ankeny Kell,
the firm that did the original Recreation Center/Armory study, to update the plan and
look at how to fit an Armory on the City's identified site. Mr. Russell said he had talked
with Duane Kell and would have a proposed scope and cost of the work available for
the Council's next meeting. In the interim, he said he would like consensus from the
Council to begin working with the architect.
Councilmember Junker noted the original design plan dates to 1997 and asked whether
possible upgrades/changes to the plan itself would be part of the work. Mr. Russell
agreed that should be done and suggested a group of community representatives
should be consulted as to upgrades, noting that the Guard has changed its plans too. It
was noted that former Council member Kriesel had been serving on the Community
Center Task Force and Councilmember Polehna also has been serving on that Task
Force. It was the consensus it would be appropriate to appoint Councilmember
Polehna to fill Mr. Kriesel's position as City representative on the Community Center
Task Force.
Mr. Russell said the initial work by Ankeny Kell would be to look at the revised site
criteria and how to accommodate an Armory facility on the City's site.
.
Council member Harycki noted that the local firm of Stefan Larson was involved in the
original design plan and asked if there was any reason not to use a local firm.
Mr. Russell said he was proposing Ankeny Kell because of that firm's experience and
history with the project. Mayor Kimble also spoke of Ankeny Kell's expertise with
National Guard training centers and its familiarity with Guard rules and regulations.
Council member Harycki asked whether RFPs are solicited for such work or if the City
just appoints a firm. Mr. Russell said that depends on the project - RFPs generally are
solicited for major projects.
Councilmember Milbrandt, seconded by Council member Junker, moved to adopt Resolution
No. 2005-17, approval of service contract with Ankeny Kell relating to the National Guard
Armory at a cost not to exceed $5,000 and appointing Councilmember Polehna to replace
Gary Kriesel on the Community Center Task Force.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Reauest for consideration of develooment in Boutwell South Area bv Manchester Homes
Mayor Kimble said the applicants had requested delaying consideration of their request
until the Council's February 15 meeting.
.
Motion by Council member Junker, seconded by Councilmember Polehna, to continue this
request until the February 15, 2005, meeting. All in favor.
Page 5 of 11
City Council Meeting - 05-03
January 18, 2005
Possible acceptance of feasibilitv reoort for 2005 Street Imorovement Proiect and callinq for .
hearinq
Assistant City Engineer Sanders reviewed the proposed 2005 street improvements. He
stated in the past year, staff rated all streets in the City; those ratings will be used as a
guide for the next three years in selected reconstruction projects. He stated that the
worst rated streets are primarily in the South Hill area going east to Greeley. Proposed
for reconstruction in 2005 are Hancock between Third and South Holcombe; Marsh
from Third to Sixth; Fifth from Churchill to Orleans; and Deer Path and Deer Path Court.
Mr. Sanders said Deerpath was initially done in 1981 to an Urban Section. Originally, he
said, the street was used for local traffic only, but overtime has become an access route
and has deteriorated significantly. The proposal is to remove the existing blacktop,
gravel, and reconstruct the street with 4" of blacktop, 8" of gravel and 1" of sand. He
said the street would not be fully reconstructed; the existing curb will remain.
Councilmember Milbrandt asked if there had been any assessments since 1981; Mr.
Sanders stated there had been none.
Mr. Sanders said it is unknown when the last improvements were made to Marsh,
Hancock and Fifth other than rehabilitation to the blacktop in the early 1970s. The
streets have no curb and gutter and vary in width from 24' to 36'. There is some
sidewalk, which is in very poor condition, he said. Also, there are some galvanized
water services in the project area, which will be replaced. He said property owners are
given the option of replacing water service prior to construction as the City will replace.
the line only from the water main to the property line, and sometimes property owners
want to replace the entire service from the house to the water main. He stated that the
total cost of the projects is $994,000 and that property owners would be assessed 50
percent for the street reconstruction, 100 percent for water service replacement. He
noted that the Deerpath estimated assessments are $3,575, with corner lots $1,787. For
the remainder of the project areas, the street assessment would be $5,892 for a
standard lot and $2,946 per side for corner lots. The School District would be assessed
$64/foot for its property on Hancock. Assessments for water service replacement would
be $2,072 per lot.
Mr. Sanders said it is proposed to hold a public hearing next month, then develop plans
and specs, solicit bids in March and award bids April 1. Construction would take place
over the summer, with the assessment hearing to take place in September.
Council member Milbrandt noted the City's goal of expending $1.2 million annually for
street reconstruction. He asked if there were any other candidates for reconstruction
should the City receive good bids and have some extra funds. Mr. Sanders suggested a
possible candidate would be one or two blocks on North Owens between Olive and
Greeley.
Public Works Director Eckles stated the City's goal is to spend $1.1 million annually for.
reconstruction. He suggested that if the Council wants to possibly include additional
work, it should indicate that at this time, prior to the public hearing. Attorney Magnuson
Page 6 of 11
(
.
City Council Meeting - 05-03 January 18, 2005
agreed that would be wise as once bid, the City would be limited to 25 percent of the
total contract for add-ons.
Motion by Council member Milbrandt, seconded by Council member Junker, to adopt
Resolution 2005-218, resolution receiving report and calling hearing on 2005 Street
Improvement Project (Project 2005-02) and setting the public hearing for 7 p.m. February 15,
2005.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Council member Milbrandt asked Clerk Ward to include the street-rating map on the
City's web site.
Discussion of Interlachen West to Northland Avenue
Council member Milbrandt said he raised this issue for two reasons - the condition of
the road from Northland to Mid Oaks and the increasing cut-through traffic on the
remainder of the road into Rutherford in the Liberty development.
.
Council member Milbrandt said school buses need to pick up several children with
special needs at Interlachen/Mid Oaks. He said he has been told that children actually
have to be held because of the condition of the road and requested that the Council
consider paving that 400-250 feet of Interlachen between Northland and Mid Oaks. He
also asked consideration be given to implementing a nine-month trial period in which
Interlachen/72nd from Mid Oaks to Rutherford Road be designated one-way for
eastbound traffic only. Mayor Kimble said he could support both paving the road from
Northland to Mid Oaks and the nine-month trial proposal.
Public Works Director Eckles said there has been previous discussion about the cut-
through traffic. He said there are some possible solutions that will have other
repercussions. He said he could present a background report for the Council's next
meeting. Councilmember Junker asked if recent traffic counts were available. Mr.
Eckles said it might not be possible to get those in time for the next meeting but agreed
those counts should be updated.
Possible appointments to Librarv Board
Mayor Kimble noted the Library Board had recommended Julia Sandstrom for
appointment. Councilmember Milbrandt said he had worked with Ms. Sandstrom
previously and she would make a good appointee.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt
Resolution 2005-19, appointing Julia Sandstrom to the Library Board.
.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Page 7 of 11
City Council Meeting - 05-03
Possible aooointments to Parks Board
Mayor Kimble stated that there are two openings on the Parks Board and two .
applicants, David Brandt and Catherine Sewilo.
,
January 18, 2005
Motion by Councilmember Polehna, seconded by Councilmember Harycki, to adopt
Resolution 2005-20, appointing David Brandt and Catherine Sewilo to the Parks Board.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible aooointments to Human Riahts Commission
Mayor Kimble noted that current Commission Chair Anthony Carr has requested
reappointment, as did Ellie Samuelson; Ms. Samuelson requested appointment to a
one-year term.
Motion by Council member Milbrandt, seconded by Councilmember Junker, to appoint Anthony
Carr to a two-year term to the Human Rights Commission.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to appoint Ellie .
Samuelson to a one-year term on the Human Rights Commission.
Ayes: Council members Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
It was noted the Council needs to appoint a total of seven members. Mr. Ken Moses
has not officially resigned however he has indicated that he has resigned in a
newspaper article. Councilmember Junker suggested proceeding as if Mr. Moses does
not want to continue his membership. Mayor Kimble noted that Mr. Carr made some
recommendations for appointment and that Councilmember Milbrandt had interviewed
some of the candidates. The five candidates recommended by Mr. Carr and Mr.
Milbrandt include Jane Taves, Gary Campbell, Wally Goettle, Louise Jones and Jo
Harrison.
Motion by Councilmember Polehna, seconded by Council member Harycki, appointing Jane
Taves to a two-year term, Gary Campbell to a one-year term, Wally Goettle to a one-year term,
Louise Jones to a two-year term, and Jo Harrison to a one-year term on the Human Rights
Commission and adopting Resolution 2005-21, appointing members to the Human Rights
Commission.
.
Page 8 of 11
I
.
.
.
City Council Meeting - 05-03
January 18, 2005
Ayes: Councilmembers Junker, Harycki, Milbrandt, PoJehna and Mayor Kimble
Nays: None
Possible approval of recommendations for General Obliaation Capital Outlav Bonds. Series
2005A. General Obliaation Caoital Outlav Refundina Bonds. Series 2005B. General Obliaation
Sports Center R~flJndinq Bonds, Series 2005C (Resolution #2005-22. 2005-23. 2005-24)
Finance Director Sharon Harrison explained that the $1.48 million in General Obligation
Bonds will be used to finance the purchase of capital outlay items approved in the 2005
budget. The refunding of the Capital Outlay bonds, used to finance the 1996 City Hall
remodeling project, will result in an estimated savings of $279,000. The refunding of the
Revenue Bonds for the Recreation Center will result in an estimated savings of
$109,000. Total estimated savings is $388,000, with a potential for additional savings
depending on rates. Administrator Hansen said it is being recommended that the sale
be held at the Council's February 15 meeting.
Motion by Council member Milbrandt, seconded by Council member Junker, to adopt
Resolution 2005-22, resolution providing for the competitive negotiated sale of $1,480,000
General Obligation Capital Outlay Bonds, Series 2005A.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Council member Polehna, seconded by Council member Junker, to adopt Resolution
2005-23, resolution providing for the competitive negotiated sale of $3,180,000 General
Obligation Capital Outlay Refunding Bonds, Series 2005B.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Councilmember Harycki, seconded by Councilmember Polehna, to adopt
Resolution 2005-24, resolution providing for the competitive negotiated sale of $2,715,000
General Obligation Sports Center Refunding Bonds, Series 2005C.
Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble
Nays: None
Mayor Kimble congratulated staff on doing a good job in saving taxpayer dollars.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
None
COMMUNICATIONS/REQUESTS
None
Page 9 of 11
City Council Meeting - 05-03
January 18, 2005
'\
COUNCIL REQUEST ITEMS .
Council member Milbrandt asked that the City consider moving the Farmer's Market to
the lower River View parking lot due to concerns about its current co-location with the
Veterans Memorial. He said he thought both uses could be accommodated if the Market
is moved to the lower level in the future. Council member Junker said he though that
would be a good idea in order to show due respect to the Memorial pavers.
Motion by Councilmember Milbrandt, seconded by Council member Harycki to move the
Farmer's Market to the lower River View parking lot in the future. All in favor.
Council member Polehna raised the issue of providing a portable toilet for the Market,
noting that people have been walking through the Courthouse interrupting private
events such as weddings in order to use the restrooms. Administrator Hansen asked
whether the City or the Market organizers should be required to provide the toilets.
Community Development Director Russell noted that the Farmer's Market people
appear before the Council on an annual basis. It was the consensus to raise that issue
when the Market's permit request is reviewed.
Council member Junker updated the Council regarding a renewed interested in a City
lodging tax and told the Council to expect that issue to come before it in the very near
future.
STAFF REPORTS (continued)
.
None. Administrator Hansen reminded the Council it was adjourning to executive
session.
ADJOURNMENT to Executive Session requested by City Attorney for Litigation Issues
Motion by Councilmember Junker, seconded by Council member Milbrandt, to adjourn to
executive session at 8:26 p.m. All in favor.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2005-12, directing payment of bills
Resolution 2005-13, Approving the Agreement between the City of Stillwater and Law
Enforcement Labor Services, Inc. (Local No. 257) representing Stillwater Patrol Officers
Resolution 2005-14, Approving salary schedule for seasonal parking lot attendants .
Resolution 2005-15, acquisition of tax forfeited land
Page 10 of 11
.
.
.
City Council Meeting - 05-03 January 18, 2005
Resolution 2005-16, approving amendments to Section 125 plan (flexible spending
plan)
Resolution 2005-17, approval of service contract with Ankeny Kell relating to the
National Guard Armory at a cost not to exceed $5,000
Resolution 2005-218, resolution receiving report and calling hearing on 2005 Street
Improvement Project (Project 2005-02)
Resolution 2005-19, appointing Julia Sandstrom to the Library Board.
Resolution 2005-20, appointing David Brandt and Catherine Sewilo to the Parks Board.
Resolution 2005-21, appointing members to the Human Rights Commission.
Resolution 2005-22, resolution providing for the competitive negotiated sale of
$1,480,000 General Obligation Capital Outlay Bonds, Series 2005A.
Resolution 2005-23, resolution providing for the competitive negotiated sale of
$3,180,000 General Obligation Capital Outlay Refunding Bonds, Series 2005B.
Resolution 2005-24, resolution providing for the competitive negotiated sale of
$2,715,000 General Obligation Sports Center Refunding Bonds, Series 2005C.
Ordinance No. 952, an ordinance amending Chapter 31 of the City Code, Zoning 31-1,
Subd. 9, Noncorforming uses.
Page 11 of 11
.
.
.
~emo
DATE:
February 1, 2005
TO:
Mayor and City Council
Sharon HarriSO:O~)
Finance Director 't.Y'
FROM:
RE:
Retirement of Monica Price
Today, February 1,2005 was Monica Price's last day. She has retired after 16Y2 years of service.
I would like to take this opportunity to thank Monica for her 16Y2 years of dedicated service. She
has been an extremely valuable asset to this department. We will miss her and we wish her well
in her retirement.
.
.
.
Resolution No. 2005-30
City of
Stillwater, Minnesota
Certificate of Appreciation
Presented to
MONICA PRICE
WHEREAS, MONICA PRICE, HAS RETIRED FROM CITY
EMPLOYMENT, EFFECTIVE FEBRUARY I, 2005.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER
DEDICATED SERVICE TO THE CITY OF STILLWATER, MONICA
PRICE IS HEREBY COMMENDED; THAT RECOGNITION BE
GIVEN TO THE FACT MONICA PRICE HAS SERVED THE CITY
FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR SIXTEEN
AND A HALF YEARS OF CONTINUOUS SERVICE. THE
COUNCIL REGRETS THAT SHE IS RETIRING FROM CITY
EMPLOYMENT, BUT EXTENDS TO HER ITS APPRECIATION FOR
HER 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 MONICA PRICE.
ADOPTED BY THE CITY COUNCIL THIS 1ST DAY OF
FEBRUARY, 2005.
Jay L. Kimble, Mayor
t>
.'
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2005-25
.
.
Arch Wireless
Arcon Construction Co. Inc.
Ballis, John
Boyer Trucks
Brine's Market
CaddlEngineering Supply, Inc.
Cargill
Carquest
Cartridge World
Catco Parts & Service
Citi Cargo & Storage
Clark Luann
Coca Cola
Com cast
Comprehensive Communications
Computer Services of Florida, Inc.
Countryside Wood
Cub
Engineering Minnesota Magazine
Ecolab Vehicle Care Division
Election Systems & Software
Express Photo
Ferrel
Fire Marshals Association of MN
First Line
Force America
Galles Corporation
Galls Inc.
GCR
Gopher Bearing
Gopher State One-Call
Grafix Shoppe
Greater Stillwater Chamber of Commerce
Greeder Electric
Hagen, Mike
Happy's
Harrison, Sharon
Heritage Printing
Hillyard
Hi-Tech Signs, Inc.
Iceman Industries
Insight
Integra
Kuehn, Tim & Bells Trucking Inc.
.
Pagers 1 st Qtr
North Hill Phase 3
Background Checks
Equipment Repair Supplies
Meals Mayor & Council
Toner
Ice Control
Equipment Repair Supplies
Toner
Equipment Repair Supplies
Unit Rental
Public Works Cleaning
Concession Supplies
Cable
Squad Phone Accessories
Software Service Agreement
Cabinets
Concession Supplies
Subscription
Equipment Maintenance Supplies
Signs
Processing
Propane
Membership
Concession Supplies
Equipment Repair Supplies
Building Maintenance Suppplies
Stethoscope
Tires
Flange
Billable Tickets
Squad Markings
Membership
City Hall Bldg Repair
Reimbursement Work Boots
Vehicle Repair
Reimbursement 2005 GAAFR & Book
Dec 2004 Newsletter
Wheel Squeegee
Dasher Board Lakeview Hospital
Salt Additive
Switch
Telephone
CDBG Contractor Sewer Svs Install
1,106.23
128,305.78
4,100.00
7.76
21.67
196.44
20,233.04
94.52
47.93
201.59
95.85
140.00
833.80
68.33
465.26
718.10
7,251.00
60.36
26.00
70.46
351.58
28.22
8,872.95
70.00
832.59
186.26
285.44
58.55
1,895.32
73.72
131.10
445.00
625.00
140.00
36.00
29.50
199.00
2,448.89
17.21
140.00
2,486.05
287.88
871.06
3,500.00
EXHIBIT" A" TO RESOLUTION #2005-25
Labor Relations Associates, Inc.
Legislative Associates, Inc.
Lehmicke Construction Inc.
Linner Electric Co.
LMC Conference
Lockrem, Richard
Machovec
MacQueen Equipment
Magnuson Law Firm
Menards
Metro Fire
Metropolitan Council Env Services
Mn Dept of Admin Intertechnologies
MN Dept of Public Safety
Municipals
Napa
Nextel
North Hennepin Community College
Northern Escrow,Jay Bros. Inc.
Office Depot
On Site Sanitation
Otis
Palen/Kimball Co.
Parts Associates, Inc.
PC Solutions
Pilquist Auto Parts
Pod's Tire & Wheel Inc.
Portraits by Loren
Press Publications
proguard
Quill
Safety Kleen
St. Joseph Equipment
Schell, Scott
SRF Consulting Group, Inc.
State of MN BCA
Stillwater Equipment Co.
Stillwater Gazette
Stillwater Gazette Classified
Stillwater Motors
Stork Materials Technology
Streicher's
SuperCircuits, Inc.
Sysco
T.A. Schifsky & Sons, Inc.
Taser International
Page 2
Arbitration Services
January Legislative Services
Snow Ploy Rec Center
Equipment Repair
Conference
Bldg Plan Reviews
Ice Commander Suits
Upgrade Tanks, Street Sweeper
Professional Services
Equipment Repair Supplies
SM20FG
February Wastewater Service
December Internet
Gov's Homeland Sec & Emerg Mgmt Conf.
Membership
Small Tools
Cell Phones
Education
Stillwater Prison Wall,5th St Sewer Repair
Office Supplies
Unit Rental
Maintenance Contract
Equipment Repair
Parts & Supplies
Maintenance Contract
Vehicle Repair Supplies
Tires
Business Color Session
Publications
Concession Supplies
Office Supplies
Antifreeze, Waste Drum
Repair Pum on Loader
Reimburse Work Boots
Floodwall Aesthetic Design Study
CJDN Connect
Equipment Repair Supplies
Publications
Advertisement Employment
Vehicle Repair Supplies
Soil Borings & Report, North Hill
Irritant Aerosol
Power Supply
Concession Supplies
Curve Crest Blvd. Trail
Taser and Instruction
..
"
.
4,116.00
3,833.33
1,310.00
450.00
480.00
21,100.00
1,111.90
141,047.89
7,070.83
86.91
39.17
95,113.57
140.83
430.00
20.00
5.43
553.07
511.20
34,859.30
673.86
20.69
3,894.49 .
743.00
708.59
48.00
50.00
36.13
53.25
132.00
2,756.50
62.79
493.65
1,490.43
15.00
507.28
270.00
110.35
91.13
72.50
73.62
4,144.00
473.34
48.08
241.27 .
37,098.71
155.00
.
.
.
EXHIBIT" A" TO RESOLUTION #2005-25
Unique Paving Materials
US Postal Service
Valley Trophy Inc.
Ven Tek International
Verizon Wireless
Viking Industrial Center
Walmart
Washington County
Washington County Dept Public Health
Washington Cnty Transportation & Physical
Waste Management
Watson Company
Winnick Supply
Workwell Occupational Health Services
Yocum Oil
Zee Medical Service
Zep Manufacturing Co.
MANUALS FROM JANUARY
Employers Association, Inc.
Secure Benefits Systems
Territorial Springs LLC
Washington County License Center
Xcel
ADDENDUM TO BILLS
ADP Screening
Aspen Mills
Association of Training Officers of MN
Bro-Tex, Inc.
Comcast
D & A Construction
Delta
Fire Engineering
Franklin Covey
Gilbert, Town of
Hudson Map Company
Johnson Controls
Knauss, Chantell
LMC Conference Registration
LMC Human Rights Commissions
Maddux, Doug
Menards
Winter Mix
1 st Class Presort Permit
Name Tab Magnets & Name Plate
Equipment Repair
Cell Phones
Battery, Repair Gas Monitor
Supplies
Accuvote Maintenance
Generator License
Sign & Light Maintenance
Garbage Waivers
Concession Supplies
Equipment Repair Supplies
Medical Exams
Fuel
Medical Supplies
Maintenance Supplies
Supervision Training
Administration & Maintenance Fee
Draw #4 from TIF Note # 2 Proceeds
Police Van Registration Renewal
Electricity, Gas
Annual Drug Testing
Uniforms
Membership
Maintenance Supplies
Cable
Install Cabinets
Gloves
Subscription
Office Supplies
Education
Atlas & Map
Heat Coil Repair
Reimburse Expenses
Registration Fees
2005 Dues
Reimburse Credit Balance UB
Wire Pull
Page 3
87.42
150.00
25.03
33.90
398.99
426.45
2.96
1,020.00
89.64
94.78
118.59
170.36
57.78
535.00
5,254.57
111.51
118.89
575.00
15.50
800,000.00
14.50
25,689.40
250.00
4,507.32
25.00
68.16
4.65
680.00
52.45
19.95
489.77
3,300.00
185.41
8,008.27
131.77
50.00
78.75
238.59
57.22
EXHIBIT" A" TO RESOLUTION #2005-25
Northern Tool & Equipment
Office Depot
Qwest
River Valley Printing
Russell, Steve
St. Croix Boat & Packet
Stillwater Equipment Co.
TA Schifsky & Sons, Inc.
Tousley Ford
Turning Point
Ven Tek International
Xcel
Adopted by the City Council this
1 st Day of February, 2005
Page 4
Hardsurface Overlay
Office Supplies
Telephone
Envelopes
Reimburse Supplies
December Arena Billing
Battery, Flasher,Lights
Curve Crest Trail, Brewers,Saddle Ct.
Squad Repair
Business Cards & Envelopes
Freight
Electricity, Gas
TOTAL
169.19
187.78
218.93
204.48
13.83
66,600.48
614.63
6,507.88
618.89
1,176.29
33.90
23,448.16
1,507,730.55
'.
.
.
.
LIST OF BILLS
EXHIBIT" An TO RESOLUTION #2005-25
.
.
Arch Wireless
Arcon Construction Co. Inc.
Ballis, John
Boyer Trucks
Brine's Market
Cadd/Engineering Supply, Inc.
Cargill
Carquest
Cartridge World
Catco Parts & Service
Citi Cargo & Storage
Clark Luann
Coca Cola
Comcast
Comprehensive Communications
Computer Services of Florida, Inc.
Countryside Wood
Cub
Engineering Minnesota Magazine
Ecolab Vehicle Care Division
Election Systems & Software
Express Photo
Ferrel
Fire Marshals Association of MN
First Line
Force America
Galles Corporation
Galls Inc.
GCR
Gopher Bearing
Gopher State One-Call
Grafix Shoppe
Greater Stillwater Chamber of Commerce
Greeder Electric
Hagen, Mike
Happy's
Harrison, Sharon
Heritage Printing
Hillyard
Hi-Tech Signs, Inc.
Iceman Industries
Insight
Integra
Kuehn, Tim & Bells Trucking Inc.
.
Pagers 1 st Qtr
North Hill Phase 3
Background Checks
Equipment Repair Supplies
Meals Mayor & Council
Toner
Ice Control
Equipment Repair Supplies
Toner
Equipment Repair Supplies
Unit Rental
Public Works Cleaning
Concession Supplies
Cable
Squad Phone Accessories
Software Service Agreement
Cabinets
Concession Supplies
Subscription
Equipment Maintenance Supplies
Signs
Processing
Propane
Membership
Concession Supplies
Equipment Repair Supplies
Building Maintenance Suppplies
Stethoscope
Tires
Flange
Billable Tickets
Squad Markings
Membership
City Hall Bldg Repair
Reimbursement Work Boots
Vehicle Repair
Reimbursement 2005 GAAFR & Book
Dec 2004 Newsletter
Wheel Squeegee
Dasher Board Lakeview Hospital
Salt Additive
Switch
Telephone
CDBG Contractor Sewer Svs Install
1,106.23
128,305.78
4,100.00
7.76
21.67
196.44
20,233.04
94.52
47.93
201.59
95.85
140.00
833.80
68.33
465.26
718.10
7,251.00
60.36
26.00
70.46
351.58
28.22
8,872.95
70.00
832.59
186.26
285.44
58.55
1,895.32
73.72
131.10
445.00
625.00
140.00
36.00
29.50
199.00
2,448.89
17.21
140.00
2,486.05
287.88
871.06
3,500.00
EXHIBIT" A" TO RESOLUTION #2005-25
Labor Relations Associates, Inc.
Legislative Associates, Inc.
Lehmicke Construction Inc.
Linner Electric Co.
LMC Conference
Lockrem, Richard
Machovec
MacQueen Equipment
Magnuson Law Firm
Menards
Metro Fire
Metropolitan Council Env Services
Mn Dept of Admin Intertechnologies
MN Dept of Public Safety
Municipals
Napa
Nextel
North Hennepin Community College
Northern Escrow,Jay Bros. Inc.
Office Depot
On Site Sanitation
Otis
PalenlKimball Co.
Parts Associates, Inc.
PC Solutions
Pilquist Auto Parts
Pod's Tire & Wheel Inc.
Portraits by Loren
Press Publications
Proguard
Quill
Safety Kleen
St. Joseph Equipment
Schell, Scott
SRF Consulting Group, Inc.
State of MN BCA
Stillwater Equipment Co.
Stillwater Gazette
Stillwater Gazette Classified
Stillwater Motors
Stork Materials Technology
Streicher's
SuperCircuits, Inc.
Sysco
TA Schifsky & Sons, Inc.
Taser International
Page 2
Arbitration Services
January Legislative Services
Snow Ploy Rec Center
Equipment Repair
Conference
Bldg Plan Reviews
Ice Commander Suits
Upgrade Tanks, Street Sweeper
Professional Services
Equipment Repair Supplies
SM20FG
February Wastewater Service
December Internet
Gov's Homeland Sec & Emerg Mgmt Conf.
Membership
Small Tools
Cell Phones
Education
Stillwater Prison Wall, 5th St Sewer Repair
Office Supplies
Unit Rental
Maintenance Contract
Equipment Repair
Parts & Supplies
Maintenance Contract
Vehicle Repair Supplies
Tires
Business Color Session
Publications
Concession Supplies
Office Supplies
Antifreeze, Waste Drum
Repair Pum on Loader
Reimburse Work Boots
Floodwall Aesthetic Design Study
CJDN Connect
Equipment Repair Supplies
Publications
Advertisement Employment
Vehicle Repair Supplies
Soil Borings & Report, North Hill
Irritant Aerosol
Power Supply
Concession Supplies
Curve Crest Blvd. Trail
Taser and Instruction
.
4,116.00
3,833.33
1,310.00
450.00
480.00
21,100.00
1,111.90
141,047.89
7,070.83
86.91
39.17
95,113.57
140.83
430.00
20.00
5.43
553.07
511.20
34,859.30
673.86
20.69
3,894.49
743.00
708.59
48.00
50.00
36.13
53.25
132.00
2,756.50
62.79
493.65
1,490.43
15.00
507.28
270.00
110.35
91.13
72.50
73.62
4,144.00
473.34
48.08
241 .27
37,098.71
155.00
.
.
.
.
.
EXHIBIT" A" TO RESOLUTION #2005.25
Unique Paving Materials
US Postal Service
Valley Trophy Inc.
Ven Tek International
Verizon Wireless
Viking Industrial Center
Walmart
Washington County
Washington County Dept Public Health
Washington Cnty Transportation & Physical
Waste Management
Watson Company
Winnick Supply
Workwell Occupational Health Services
Yocum Oil
Zee Medical Service
Zep Manufacturing Co.
Adopted by the City Council this
1st Day of February, 2005
Winter Mix
1 st Class Presort Permit
Name Tab Magnets & Name Plate
Equipment Repair
Cell Phones
Battery, Repair Gas Monitor
Supplies
Accuvote Maintenance
Generator License
Sign & Light Maintenance
Garbage Waivers
Concession Supplies
Equipment Repair Supplies
Medical Exams
Fuel
Medical Supplies
Maintenance Supplies
Page 3
87.42
150.00
25.03
33.90
398.99
426.45
2.96
1,020.00
89.64
94.78
118.59
170.36
57.78
535.00
5,254.57
111.51
118.89
.
.
.
~V~emo
DATE:
January 28, 2005
TO:
Mayor and City Council
FROM:
Larry D. Hansen
City Administrator
RE:
Fire Chief Stuart Glaser's Probationary Period
I
As you know, Stuart Glaser has been serving as the Fire Chief for the City of Stillwater for
nearly a year. During this time, I have had the opportunity to work with Stu and observe his
performance as the Fire Chief. Although, I will be conducting performance evaluations of all
Department Heads in the near future, this recommendation comes to you now because Stu's 12-
month probationary period will expire on February 17,2005. As you recall the Charter requires
that Department Head appointments be made by the City Council.
Recommendation
I recommend the City Council adopt the attached Resolution approving the Regular, Full-time
appointment of Stuart Glaser as Fire Chief, effective February 17,2005.
{1!~~~
RESOLUTION 2005-26
APPROVING APPOINTMENT OF
STUART GLASER AS REGULAR, FULL-TIME
FIRE CHIEF
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Stuart Glaser
is hereby appointed Acting Fire Chief from and after February 17,2005. As compensation for
services Stuart Glaser shall receive wages and benefits as specified in the agreement between the
City of Stillwater and the MN Teamsters Public and Law Enforcement Employee's Union, Local
No. 320 representing the Stillwater Public Manager's Association labor agreement.
Approved this 1 st day of February 2005.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
.
.
)
.
RESOLUTION 2005-26
APPROVING APPOINTMENT OF
STUART GLASER AS REGULAR, FULL-TIME
FIRE CHIEF
HE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Stuart Glaser
is hereby appointed regular, full-time Fire Chief from and after February 17,2005. As
compensation for services Stuart Glaser shall receive wages and benefits as specified in the
agreement between the City of Stillwater and the MN Teamsters Public and Law Enforcement
Employee's Union, Local No. 320 representing the Stillwater Public Manager's Association
labor agreement.
Approved this 1 st day of February 2005.
ATTEST:
. Diane F. Ward, City Clerk
.
(5ti~ter,
- - ~
.... .I'l~~l~(' Of lOllo"t$(Jl. J)
21(; .,. -llIr Sh'eet
Stillu'ute,'. ,n., ;';-;082
Te'eJ)IroJJe: (;51..I:w.:moo Fu.l": (;;'iJ.':~0.8:W9
.
rIPPLl(,'rl TIOJ'V FOR SPE(,'lfll, EllEi~T
All items on application MUST be completed and received by the City 45 days prior to proposed
event
Incomplete applications will not be processed
Submittal Date:
J-~I -05
APPLICANT INFORMA nON
Organization
G.t..EATEl.. ~T'l..S..J.<l-4~ Ct~ *l&tl...
Type of
Organization
Non-Profit
For-Profit
x
Contact Person
~04" E:. cc.,t<. &Rc,.
Address
P. o.
Q.o 1'.
~.,
City
..$;, I u....c.<J 4 ~
State
h1"i .
Zip__~~~?,!:":__
Daytime Phone
41.o- d~~
Alternate Number _"~L__~_~~____3..~!:i_::._~"=:<-<"
EVENT INFORMA nON (Special Events involving the use of City Property may require Park Board or Parking
Commission Review. Events on Private Property may require Planning Commission review)
Date(s) of Event
Hours of Event 11fm. - -, (,).",.
(Special Events conducted after'1O:00 p.m., require
Council approval of a variance to the noise ordinance)
SET-"f 1'l14'-L}.-o
Il(T~JI<..- IY\~ ~(
. th.. F..q/<' -- \-t101f~~
Purpose & Description of Event
IIN"iL4>4<..
h'''I~ IAI:'-~'
,e'~TC I{),v .4 u-
Fl:l... C"''4''<.11 l{. OF
~Tlv'..ooL
q,,,,,,,~.
Proposed Location of Event (be
specific) /"{)Id€Lr.., p~
~ fcJu-S Ac~
tJeu-l ~ SiUr"4
I
If Lowell Park is to be
eiuserl:
orth Lowell Park ~
t owell Park/
(Circle which one or both)
Type of Event
/1"''''(..(4 c
If-t.,
F<) I 0(...
Estimated number of people to
attend /0 OOf)
I
Following Information must be supplied
(Put a check next to items pertaining to your event. If not applicable -- Please put N/A in the space)
Selling Alcohol
__ No - Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day
Permit to Consume
__ No - (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee)
Site Map (required)
(attach to application) o'-L y::-,t-C.
.Impact on Parking (requiredL~___~____~
Describe: l..(.AJ<l./ot<).(
(CONTINUE ON BACK)
Special Sign age
1-
Describe:
f?:o,4,J.J.f~ ovt.<..
/lJ)J /1<./ Srutct.
letter of Approval by Property Owner if on Private
Property (attach to application)
td4
f
.
Tents or Membrane Structures
Cooking Operations
Water Activities (River/Lakes)
~~> Size Ie 'f- /0 Location ~l><.:lE<<.. P&<"I(
~ Propane ~~.,) Deep fat frying .::ju,:,>
NO River lake Name: _ _ _________________
Exiting Points
Other
EMS Needs
Open Flame or Burning
Operations
Fireworks
Street Closure
tl..
EMT Standby NO
Ambulance
Standby
Aio
Fire
Department
Standby
Describe
Police Officer Needed
NO What Streets:_b!::!iJr~~-~-~I{.~-~1':;LAJA~~A--{"-~..!'::. ~'-"1
~ (Required if alcohol is being served on public property and atterYdance is over 75 s:
people or at the discretion of the Police Chief) - Contact Stillwater Police (651- ......
-1t>l\ 351-4900) to arrange for officer
IA y:> (Applicant to pay for restrooms - Contact Public Works 275-4100)
A
Restrooms (Portable)
Live Entertainment
N6
Type of Music
NO ^,'L
level of Promotion/Advertisement
Novu ;;(L
~~ -rfv'h
Evc...k
Other Info the City should be aware of:
A.io l<t"t_
~ _ ___~(A
App~e ______________ f
./ ~
.
,
....OFFICE USE ONt Y
t
Community Development
Commenls:
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
FEES (if applicable)
Permit to Consume:
Temporary liquor license
$25.00 per day
Event Fee
Deposit $250.00
Other Fees:
.
TOTAL FEES
Revised: July 15, 2004
ART FAIR AGREEMENT
.
This Agreement between the City of Stillwater, Washington County, Minnesota ("City"), in
conjunction with the Rivertown Art Fair of 2005, part of a community wide celebration of the City; and
the Greater Stillwater Area Chamber of Commerce (c/o Dave Eckberg, St. Croix Events), a Minnesota
non-profit corporation (the "Chamber"),
Celebration. The City has encouraged a community wide celebration in order to foster
and promote tourism within the City of Stillwater and encourage commerce within the City that will
ultimately increase property values and the quality of life within the City, thereby promoting the welfare
of the City.
1. EvenUAlcohol: No alcohol will be served during this event and no Other Alcohol
or Coolers are allowed. The Chamber is responsible to see that no other liquor is brought into
the park.
2. Insurance. The Chamber must provide to the City satisfactory proof that it has
obtained liability insurance that names the Chamber and the City as an additional insured, as
loss payees, in an amount of at least two hundred and fifty thousand and no/100 dollars
($250,000.00) per person and seven hundred and fifty thousand and no/100 dollars
($750,000.00) per occurrence, for loss sustained by either acts or occurrences that arise from
or grow out of the celebration.
.
3. SiQns. The Chamber will post signs, the number and content of which must be
approved by the City Police Chief, describing the regulations prohibiting liquor as well as the
prohibition against participants bringing their own liquor into the park.
4. Noise Control. The Event is responsible to control the noise emanating from the
Area at a level that will not interfere with the peace and repose of the residential area on the
bluffs on the north, west and south edges of the downtown.
5. Hours of Ooeration. Operations are limited to 10:00 a.m. to 7:00 p.m. Saturday,
May 21,2005; and 10:00 a.m. - 6:00 p.m. Sunday, May 22,2005.
6. Police Power. The City reserves the right to order a shut down of the Area in the
event the Chief of Police determines, in his sole discretion, that the public safety is threatened
or any condition of this Agreement is violated. If requested by the Chief of Police, the
Chamber will cease dispensing and assist the police in the clearing of the Area.
7. Exclusive Use of Lowell Park. In return for the exclusive use of the North End
Lowell Park and the right to sublease spaces within the park(s), the undersigned hereby
agrees to the following stipulations:
· Damage deposit of $250.00 and a users fee of $500.00 to be paid at the signing of this
contract (deposit of $250.00 to be refunded in whole or in part, depending on amount of
damage, if any, as determined by the Public Works Superintendent). The lessee shall be
responsible for any damage that is not covered by the deposit.
.
· Lessee shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the
accumulation of trash generated by the event(s) and shall see that all trash is picked up
daily and deposited in dumpsters, including the emptying of park trash receptacles.
· Lessee shall furnish portable restrooms (at least four) to augment the existing facilities.
NOTE: In the case of Lowell Park the existing restroom facility shall be closed and the
City shall furnish at least four additional restrooms at City expense and the four .
additional restrooms by the lessee will be at their expense.
. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road
(Lowell Park) and shall hire any security personnel the Police Chief requires.
8. Hold Harmless and Indemnifv. The Chamber agrees to hold the City harmless
and to indemnify and defend the City with regard to any claims, causes of action, or demands
that might be brought against the City arising out of the activities in the Area, including the
dispensing of liquor pursuant to this Agreement.
IN WITNESS WHEREOF, the parties have set their hands this
,2005.
day of
GREATER STILLWATER AREA CHAMBER
OF COMMERCE
By
Its
Subscribed and sworn to before me this
day of ,2005.
.
Notary Public
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
Attest:
Diane F. Ward, Its Clerk
Subscribed and sworn to before me this
day of , 2005.
Notary Public
.
2
.
Mernoranc urn
To: Mayor Kimble and City Council Members
cc: Larry Hansen, City Administrator
From: Larry Dauffenbach, Police Chief
Date: 1/2812005
Re: Background investigator contract
Enclosed you will find a copy of a contract with John Ballis. John (an ex-St. Paul officer) does the
background investigations for the Police and Fire departments. This is a renewal Cvuuact for 2005,
as he has been doing our background checks for the past 5 years. Dave Magnuson has reviewed the
contract and avPJUv'ed it.
.
ReCOIl1ll1end approval.
1
AGREEMENT
.
An Agreement Dated: 12/1012004
By and between: City of Stillwater and John Ballis.
Whereas, the City of Stillwater has need of specialized services and other functions and
consultation as needed to assist the city with the hiring process regarding applicants for
the position of police officer for other positions with each department, and
Whereas, consultants by training and experience warrants that he/she possess the skill and
expertise to conduct thorough pre-employment background consultations as needed to
assist the city with the hiring process of individual/applicants as to their fitness for the
position of police officer, and/or other positions with each department, now therefore,
It is agreed by the City of Stillwater and the consultant as follows that:
1. For the consideration hereinafter stated, consultant will perform pre-
employment background as needed by the City of Stillwater, regarding
persons who are applicant/candidates for the position of police officer and/or
other positions with each department.
2. For the consultant's faithful performance of his /her duties, the consultant will
be paid the sum of $ 25 per hour or $1100 per candidate/applicant. .
3. The consultant will produce in-depth written interviews of all persons
contacted by the consultant with an accompanying written commentary and
analysis supported by documentation with applicable as to the consultant's
own evaluation of the fitness of the applicant/candidate.
4. The City of Stillwater shall be responsible for setting the consultant's hours
and methodology of conducting any and all functions and consultations as
needed to assist the city with the hiring process and such time lines as the City
of Stillwater may establish for the completion of any consultation.
5. The consultant shall keep confidential all reports and such other documents as
may come into hislher possession and shall turn over the same to the City of
Stillwater for its use.
6. The City of Stillwater will furnish the consultant with such items or
identification and equipment that are needed to establish the consultant's
relationship and perform hislher duties with the police department of the City
of Stillwater. All items of identification and equipment furnished to the
consultant shall be returned upon termination of this agreement.
.
.
7. The consultant is at all times hereunder an independent contractor and not an
employee of the City of Stillwater and is not entitled to any of the rights,
privileges or benefits granted regular City of Stillwater employees.
8. This agreement may be terminated without cause by either party upon forth
eight (48) hours written notice from one to the other and the City of Stillwater
shall be liable for the value of the consultant's service to the effective date of
the notice.
9. The City of Stillwater liaison, or the purpose of this agreement, will be Chief
of Police or his designee.
10. The effective date of this agreement shall be the date first noted above and
unless terminated as provided herein at an earlier date, shall automatically
terminate one (1) year from the effective date.
11. That the City of Stillwater will indemnify and hold harmless the consultant
for any claims arising out of the consultant's performance herein, the
consultant agrees to give his full cooperation and assistance in the defense of
any claims.
.
~)
~-? /r~}! /":) (~v!j!{/}
~~. fl
Address: (/ .7.3.-::,.~ t,c0::.p(~j,_;,_.fl.A1
City/State/Zip: Lc~-Q:~ hJ-'PM/ ~,~~
SSN: /
r;;(j-! JA/rJe
/ /~t;;'I!~~_
_/)
Name:
, Consultant
~^,Q
~- - ,-
Il\v.J~1 (D
. !
, Chief of Police
, City
, Director - Dept. of Finance
and Management Service
, City/County Attorney
.
.
_Memoranc urn
To: Mayor Kimble and City Council Members
cc: Larry Hansen, City Administrator
From: Larry Dauffenbach, Police Chief
Date: 1/2812005
Re: New office furniture capitol outlay
There is $15,000 allocated for office furniture in the 2005 capitol improvement budget for the police
department. Originally there were only 4 offices that were to be upgraded but, due to water damage
to the case study room, I added new furniture for that area also. That left only one office not updated
so I added that one also. The total amount for furniture and installation bids came in as follows:
MincOr Industries
.
Intereum
$26,074.74
$22,6%.42
$20.957.81
OES
The remainder ofthe money ($5,957.81) would be paid for by our forfeiture fund. The office
furniture installation would be coordinated with the new carpeting and painting that is planned for the
department in May. In discussions with city administrator, reimbursement from the builder for the
damage in the police department would be a long shot.
Recommend approval of capitol <;,Ap<;,uJiture $20,957.81 for new office furniture.
1
~ OES:
OFFICE ENVIRONMENT SPECIALISTS, INC.
Specializing in your office needs
4670 McDonald Drive Place North
Stillwater, MN 55082
QUO tat i oI35H'3' Fax: 651/351-5130
Date: 1/11/2005
To: Sandra Vetsch, Stillwater Police Deparbnent
From: Pahick McKasy, O.ES.
Qty
Product Description: Unit
Break Room
PL127 42" Round Conference Table $191.00
Sequel Conference Chairs (heavy duty) - color: blk $289.04
Capri Stackable Guest Chairs wi/ arms & casters- blk $125.00
1
4
4
Note: The table material is a high grade laminate -
that looks like a wood but has the durability
for heavy commerical use. Color options are:
maple, cherry, or mahogany.
1
1
1
1
1
Larry's Private Office - see spec info for details
Craig's Private Office - see spec info for details
Sandra's Private Office - see spec info for details
Jeff S.'s Private Office - see spec info for details
Jeff M.'s Private Office - see spec info for details
$4168.82
$2572.40
$3915.95
$3472.28
$2831.20
Note: Customer installation and delivery charges
includes delivery of all product - rmloading,
uncartoning furniture, and set up / install in
appropriate offices.
Terms: 33% down payment - balance due 10 days
after completion of project.
Note: Sales tax will be included i..n applicable.
Sub Total:
Sales Tax:
Delivery Charge:
Customer Installation:
Less Down Payment:
Grand Total:
Amount
$191.00
$1,156.16
$500.00
.
$4,168.82
$2,572.40
$3,915.95
$3,472.28
$2,831.20
$18,807.81
$0.00
$450.00
$1,700.00
$0.00
$20,957.81
~. .
:0~L./I://J4Q~~-
- / 1 :(/
Customer Signature:
OES Rep Signature:
.
.
.
01/20/2005 THU 11:39 FAX 763 417 3309 INTEREUM
tPl yN'TEi~ELJM
STILL WATER POLICE
Attention To:
SANDRA VETSCH
Date: 1-20-05
Proposal for:
HERMAN MILLER FURNITURE FOR (5) OFFICES
AND ONE CONFERENCE ROOM
. Sandra $ 4,712.20
. JeffS $ 3,834.74
. JeffM $ 3,230.01
.. Larry $ 4,150.97
. Craig $ 2,572.70
. Conference Room $ 2,392.70
. Installation 5> 2,817.85
. Freight $ Included
. Receiving Fee 5> 417.87
. Tax 6.5% 5> 1.385.23
TOTAL $ 22,696.42
Installation
Time and Materials is $38.00 per man per hour, plus $47.00 trip charge and travel time. (The price
above has been estimated based on the project)
Payment Terms:
· All purchases are subject to credit appJOval. If approved, credit terms are net 15 days from date of
invoice. Intereum will invoice the buyer immediately upon shipment of product from the vendor.
Separate invoices will be generated for each vendor. Finance charges of 1.5% per month (18% annual
rate or maximum allowed by law) will apply to amounts open over 15 days.
Down Payment: Not Applicable
A 25% down payment of the total purchase price, including product and services must be received prior to
order entry.
Return Policy:
. Product* cannot be returned without the written consent oflntereum. >I< Only unused product in its
original carton and original factory conditIOn will be considered for credit. Any products with COM
(customer's own material) upholstery can not be retwned and will not be considered for credit.
,
f :il 'jP'; ((i
; r.U 'i(' [j('
i rNTEREUM -
v L
. "I"
/ ..';_.-~..
,. {:;;/(
'-\".1J.:: L--
/.- ~2 {I .- (:j-
Date
Client
Date
The undersigned has ag.reed 10 hove read and approved all pages of Ihis proposal.
g.:\fs j\1 cmplmc\propos~ldm
TAN-?~-?~~S 1?;~4
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7i=,~ 41 7 ::;~Plg
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1 b
P 02
Sandra Vetsch
From:
Sent:
To:
Subject:
Jan Schiff [JSchiff@doc.state.mn.us]
Tuesday, January 25,200510:48 AM
Sandra Vetsch
Quote Totals
.
Sandra, Here is the information the I Sent on Friday. Let me know if
you have any other questions.
As requested the total for the project for Stillwater PD as Quoted for
the following offices:
This is for quotes 956,957,958,959,961,962.
The Total is $26,074.74
This includes product, installation, and delivery.
Let me know if you have any other questions.
Thanks,
Jan M. Schiff
MINNCOR INDUSTRIES
Furniture Sales Executive
651-603-6720 Direct Phone
651-208-1647 Cell Phone
651-603-0119 Fax
.
.
.
.
.
STAFF REQU EST ITEM
Department: MIS
I Date: 01/28/05
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Purchase of five computers, two for the Finance Department and three for
Administration.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Total cost for the computers is $5,704.00 plus tax.
Money for this purchase was included in the 2005 Capital Outlay plan.
ADDITIONAL INFORMATION ATTACHED Yes_X_ No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
O~L/
Submitted by: Rose Holman ~;/
I Date: 01/28/05
State .Local Government Client & Enterprise Customers: Current .uote
P.l of 3
Buy Online or Call 1-888-375-9859
. ::~ ~US,~. ~
.::- · ' State and Local Ciovernment Client 8.
CustoHlel'S
! Software & Peripherals
Standard Configurations I Contact
i:J E-Quotes!~ My Cart
BACK TO: Premier Horne> My Cart
Dell recommends Microsoft@Windows@ XP Professional
Help
Your current E-quote Number
E005560606 Detail
Help with E-quotes (Q1iQ.!LIj!'lI~)
View Options:
Total Price*: $5,704.00
Description
r View Order Summary
r. View Order Details
Quantity
Unit Price
$1,140.80
Item Total
$5,704.00
1 OptiPlex GX280 SDT, with Int Broadcom@ GbNIC Intel@ Pentium@ 15
4 Processor 520 (2.80GHz, 1 M, 800M Hz FSB)
Reconfigure I Remove Update
Date:
Catalog Number:
OptiPlex GX280 SOT, with Int Broadcom@
GbNIC:
Operating System(s):
File system:
Memory:
Keyboards:
Monitors:
Video Card:
http://cart.dell. com/rcomm/basket. asp
Friday, January 28,20059:46:44 AM CST
84 RC980825
Intel@ Pentium@ 4 Processor 520 (2.80GHz, 1M, 800M Hz FSB)
28GD . [221-5291 ]
Microsoft@ Windows@ XP Professional, SP2, with Media
XPP2E - r 420-4850 1
NTFS File System for all Operating Systems
NTFS . r 420-3699 1
1.0GB DDR2 Non-ECC SDRAM,400MHz, (2D1MM)
1 G2N42 . r 311.3681 1
Performance USB Keyboard with 8 Hot Keys
USB8. r 310-25851
Dell 17 inch E 173FP Flat Panel, Analog
E173FP - r 320-3902 1
Integrated Video, Intel@ GMA900
I . r 320-04281
1/28/2005
State and Local Government Client & Enterprise Customers: Current E-quote
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Description
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Purchasing Agent's Name
Notes I Comments
httP:l..dell.com/rcomm/basket.asp
80GB SATA, 7200 RPM Hard Drive with Data Burst Cache™
aos - r 341-09051
1.44MB 3.5 Inch Floppy Drive
3 - r 340-8733 1
Dell USB 2-Button Optical Mouse with Scroll
usee - [310-4126 J
48X/32X/48X CD-RW
:DRW - r 313-2485)
Dell AS500PA Sound Bar, for E153FP, E173FP, and E193FP Flat Panel
::iisplay
A.s500PA - r 313-2202 1
Energy Star Enable
ES - r 310-47211
3 Year Limited Warranty plus 3 Year NBD On-Site Service
U30S - r 900-6602 1 r 900-6630 1
No Onsite System Setup
NOINSTL - \ 900-99871
Quick Reference Guide, Dell OptiPlex GX280
REF - r 310-54061
ONUNEFEATUREDPROMOTION
[ 460-76561
Total Price*
$5,704.00
Rose Holman(rholman@ci.stillwater.mn.us)
1/27/2005
2/26/2005
o
3 computers
.
.2005
.
.
.
STAFF REQUEST ITEM
Department: MIS
Date: 01/29/05
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Purchase of five switches to replace the hubs on the City's network. The current
hubs are out of date and need to be upgraded to stay current with the new
computers we order.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Total cost of the switches is $2188.36. Money for this was budgeted for in the
Capital Outlay plan for 2005.
ADDITIONAL INFORMATION ATTACHED Yes _X_ No
Attached quote is for four switches, but I will be ordering five.
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
I Submitted by: Rose Holman
~~ I Date: 01/28/05
STAFF REQUEST ITEM
Department: MIS
I Date: 01/28/05
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Purchase of Symantec Antivirus Enterprise Edition software renewal for 2005.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
Total price for this software is $2441.78. Money for this was budget in the
Capital Outlay plan for 2005.
ADDITIONAL INFORMATION ATTACHED Yes_X_ No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Rose HOlman_~~)
I Date: 01128/05
.
.
.
~
SO f t C 10 IC e www.softchoice.com
Please forward this to:
Rose Holman
CITY OF STILLWATER
216 N FOUR STREET
STILLWATER, MN
55082
o
Date: January 20,2005
Fax Number: (651) 430-8809
Telephone Number: (651) 430-8804
Customer Reference:
~
Softchoice Corporation
119 N 4th St
Ste 304
Minneapolis, MN
55401-1787
Sales/Order desk
(800) 268- 7638 phone
(800) 268- 7639 fax
Comments: Hi Rose, here is your Symantec Renewal quote, please let me know when you want to
renew these, thanks
&DIll
MFG SKU
Page 1 of 1
. .
m
75
I
.. .
107710
10235711
SYMANTEC ANTIVIRUS ENTERPRISE EDITION v9.0 (PROMO UNTIL 01-FEB-2005) MNT RNWL
lYR GLD (GO V 0025-0099)
All currency in this quote is in US funds.
SUB TOTAL
DEL IVE RY: Economy
State Tax
TOTAL
Sent by:
CHRIS EMMANUEL
CHRIS EMMANUEL
(800) 268-7638 x 2415 phone
(800) 268- 7639 fax
cemm@softchoice.com
. .
j : :
. .
$30.57
$2,292.75
$2,292.75
NO CHARGE
$149.03
$2,441.78
Pricing, availability and special offers are subject to change at any time. Returns may be restricted to factory sealed boxes or defective product only.
.
.
.
STAFF REQUEST ITEM
I Department: Fire
I Date: January 21, 2005
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Purchase 25 OSHA Compliant Uniform EMS Response Jackets for Fire
Department Personnel.
FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with
this request and the proposed source of the funds needed to fund the request)
The attached bid reflects total cost of the jackets with reflective lettering and
shipping charges. This request was approved in the Fire Department's budget for
2005.
Approved Budgeted Amount:
Attached Bid Quote:
$7,500.00
$5,105.00
ADDITIONAL INFORMATION ATTACHED Yes X
No
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
()~
Submitted by: Stuart W. Glaser, Fire Chie~,./~u-
Date: January 21, 2005
.
.
.
.
.
.
~.IL~iL~~O ~1;4b
bl L lO.;loq'H
~U8LIC SAf~IY MKla
Public Safety Marketing
35484 Co Ref 63
Cobasset MN 55721
Bill To
Ship To
Stillwlta' Fire: D..~
C/O Linda 'l1laupsoo
216. N, 4th Stroot
Stillwater. MN .55082
StiJlwaJer fire 0.... " .., alt
C/O LiDda n . '". ,
216 - N. 4th SlTed
StillWlltc:r, MN '5082
P.O. No. Tenns Rep Ship Via
Net l' L.R. 112112005 Spee ~
Ouantlty Item coo. Oesaiption
2S 007 R _'~. L, Jacket
2~ 101 Re&crive Back Panel
25102 Rc:fl~ Front P4lOCl~
I 028 freicJrt Olarps
Thb iJ Ul"/' ..:mate bid.
Total
FO.B.
t-'I-\(;lt. ~.j
Invoice
Dale Invoice ,
1!2Jf2005 672
Price Each
115,00
11.00
9.00
".00
Project
Nnount
4,375.00
450.00
225.00
55.00
$5,105.00
.
.
.
Steve Russell
Community Development Director
City Hall
216 North Fourth Street
Stillwater, MN 55082
Tony Kerschbaum
2017 Schulenberg Alley
Stillwater, MN 55082
RE:Variance request of Tony Kerschbaum, Case No. V/004-83
Dear Mr. Russell:
I request an extension of the date of the public hearing on my variance request, currently
scheduled for February 1,2005, to the next available hearing on February lJf, 2005. I need the
additional time to finish gathering all the information the city will need to make a decision on
this matter.
I thank you for your consideration of this request.
Sincerely,
Tony Kerschbaum
~
,
.
.
.
Memo
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director
January 27, 2005
Request to Subdivide 17,250 Square Foot Lot into Two Substandard
Lots. Case No. SUB/V/04-90.
Background. This item was heard by the Planning Commission on January 10, 2005.
Several residents spoke in opposition to the request. The applicant was not present.
The request is to split a conforming RA, Single Family Lot into two nonconforming single
family lots (10,000 square feet required).
The Planning Commission recommended denial of the request on a 8-0 vote.
Recommendation: Decision on subdivision request.
Attachments: Application, letter from Shallers, 14-05 and Planning Commission
minutes 1-10-05.
~
"
PLANNING APPLICATION REVIEW FORM
CASE NO. SUB/ V/04-90
.
Planning Commission Date: January 10, 2005
Project Location: 1802 N 4th Street
Comprehensive Plan District: Single Family
Zoning District: RA
Applicants Name: Scott Junker
Type of Application: Minor Subdivision and Variance
Project Description: Request to split a 17,250 square foot corner lot into two lots of
8,625 square feet.
Discussion: The request is to split an existing lot of 17,250 square feet into two lots
of 8,625 square feet each. The lot size requirement for the RA, Single Family District is
10,000 square feet. This request does not meet the lot size requirement. Lots in the
area are large lots of at least 10,000 square feet. No special reason or physical site
condition has been presented to justify the request. This item was continued from your .
December meeting (see minutes).
Recommendation: Denial
Attachments: Applicant and plans.
CPC Action on 1/10/0S: Denied 8-0
.
~.
f, i
.
..
.
PI:-ANNING ADMIN~",. ,{ATION APPLICATION FOk.vl
Case No: 5:~
Date Filed: . If..
Fee Paid: , .-: .
Receipt No.: .-
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATERM~ 550~2 .
ACTION REQUESTED
'-. ....:.: ..
-'~-
'"
SpeciallCon~itional .Use ~erm
. V~rianc.e .., .
Resubdivisioh .
Subdivision*
Comprehensive Plan Amendn
Zoning Amendment* .
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application.
*An escrow fee is also required to offset the costs of attorney and engineering fees.
The applicant is responsible for the completeness and accuracy of all forms and supporting materic.
submitted in connection with any application. All supporting material (i e., photos, sketches, etc.)
submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of
supporting material is required. If application is submitted to the City Council, twelve (12) copies ot
supporting material is required. A site plan is required with applications. Any incomplete applicati<
supporting material will delay the application process.
\. .'. ~~~PE~TY IDENTIFICATION
Address of Project .\ q;Q\ '(\.).~ ': \\\>.. Sr- -. . Assessor's Parcel No.c1Jt?3o.JO~4t7o/~7
(J A n \\ \,\, (GEO Code)
Zoning District-M Description of Project ~-"j-(j\~:"'y-' L,l.t'r
~ . .
"I hereby state the foregoing statements and all data, information and evidence submitted herewith
respects, to the best of my knowledge and belief, to be true and correct. I further certify I will compl:
the permit if it is granted and used. "
Property Owner S (~2J~~" .~\ \J~:V2~{?:.. .
r' ~. ,...... .-'
Mailing Address \0.. 0 V,: T; <1. "J c;.J')
. City - State -'Zi~'::i\~ \\ . 'f<~i\J1 " '.. f;Gth.Q City - State - Zip.
Telephone NO\~\o~ \-. f.;) 03 .~.- \ {;....\ \.~
\'~ 1.-.
Signature ...){,,}.,...... : , . ---='"7""'" .
I ""'~I .. .
"(Sign~t~.re Is required)
, \
i I
\J SITE AND PROJECT DESCRIPTION
Lot Size (dimensions) _ x Total Building floor area square fee
Land Area. Existing square feet
Height of Buildings: Stories Feet . Proposed square feet
Principal Paved Impervious Area square feet
. Accessory No. 'of off-street parking spaces
Representative
Mailingf\ddress
Telephone No.
Signature
(Signature Is required)
H;\mOlamara\shella\PLANAPP.FRM May 1, 2003
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01/04/2005 08:38
6514309510
DALE V SHALLER
PAGE 02
-_. "-----
H'_,. ....
'.
.
January 4, 2005
Robert Gag, Chair
Planning Commission
CitY of Stillwater
216 North 4th Street
Stillwater, MN 55082
Re: Case No. SUBNI04.90
Dear Mr. Gag,
We are writing to express our views regarding the Planning Commission Case No. SUBIV/04-90 that will
be considered at the Planning Commission meeting on Monday, January 10, 2005.
We have lived at our residence across from the subject lot for 15 years. We strongly oppose the variance
requested by the applicant to subdivide this lot, for the following reasons:
1. The proposed subdivision would set a bad precedent for further subdivisions of insufficient lot size.
The North Hill improvement project was necessitated in part by development that exceeded the
capacity of the land for a.dequate drainage. Now that some needed infrastructure improvements have
been made, encouraging further development that violates the City's own codes would create the .
potential for future problems. It would also send the wrong signal to other homeowners that such .
development will be supported by the City. As longstanding residents in this area, we did not just
spend thousands of dollars of our own, along with millions of dollars belonging to other local
residents and taxpayers, to see the City encourage over-development of lots in this neighborhood.
2. The track record of development on the lot in question does not inspire confidence that the proposed
variance and subsequent development would lead to a positive result. During the time in which the
lot has been owned by the applicant, we and our neighbors have witnessed an ongoing series of
construction delays, changes, and obvious mismanagement of building projects. The lot has been
characterized by dangerous construction sites (including an exposed basement with no warning tape
and precarious piles of abandoned materials), unsupervised brush fires (fanned in the evening houtS
by high winds), and a continuing eyesore which we have patiently endured along with all of the other
construction on the North Hill. Based on the applicant's performance to date, the granting of an
exception or variance would open the door for further mismanagement, the results of which would
likely diminish the neighbors' safety, quality of life, and property values. We do not wish to bear the .
consequences of the applicant's poorly-conceived development scheme for years to come.
Thank you for the opportunity to express our views. We would be happy to answer any questions or
provide additional input into the Planning Commission's deliberations.
1:>ale and Jenni Shaller
1819 North 4th Street
Stillwater, MN 55082
651-430-1786
.
.
.
.
Memo
To:
From:
Date:
Subject:
Mayor and City Council /J _
Steve Russell, Community Development Director [1..//
January 27, 2005
Zoning Ordinance Text Amendment to Duplex Residential, RB,
Regulations. Case No. ZATj04-02
The Zoning Amendment was approved by the Planning Commission on January 10,
2005 after public hearing. The amendment does not change the regulations, but
clarifies existing requirements.
Recommendation: Approval
Attachments: RB Zoning Amendment and Planning Commission minutes 1-10-05.
Memo
.
To:
From:
Date:
Subject:
Planning Commission
Steve Russell, Community Development Director
January 5, 2005
Zoning Text Amendment for RB Zoning District Related to Special Use
Permits, Accessory Unit Garage Size and Bed and Breakfasts. Case No.
ZATj04-02.
Background. This amendment was reviewed by the Commission at your meeting of
December 13, 2004 and set for hearing at tonight's meeting.
The Zoning Text Amendment includes three parts. Part one adds special uses in the RA
District to the RB District. Part Two adds bed and breakfasts as a special use in the RB
District. Part Three sets maximum garage size at 800 square feet when an accessory
unit is located above the garage. All of these changes became apparent over the past
year. .
Recommendation: Approval of RB Zoning Text Amendment.
Attachments: RB Text Zoning Amendment.
CPC Action on 1/10/05: +9-0 approval
.
.
Subd. 12. RB-two-family district. RB-two-family
districts shall be regulated as follows:
industrial accessory use.
a. All buildings and uses permitted in the RA-
one-family district as set forth in subdivision
11(1) of this section.
(4) Accessory dwelling unit. An accessory dwelling
unit is defined as a second dwelling unit on one
lot, detached from a primary single-family
residence and clearly secondary to a primary
residence. Accessorydwelling units are
permitted special uses in the RB district subject
tot he following regulations:
(1) Permitted buildings and uses. In the RB-two-
family district the following buildings and uses
and their accessory buildings and uses are
permitted:
a. Lot size must be at least 10,000 square feet.
b. Dwelling houses, each occupied by no more
than two families.
b. The accessory dwelling unit may be located
on second floor above the garage.
c. Type I home occupation uses permits.
c. The accessory dwelling unit must abide by
the primary structure setbacks for side and
rear setbacks.
(2) Permitted uses with special use permits. In the
RB-two-family district, the following buildings
and uses and their accessory buildings and uses
may be permitted by special use permit from the
city council:
d. The accessory dwelling unit must be located
in the rear yard of the primary residence or
be set back from the front of the lot beyond
the mid point of the primary residence.
a. All buildings and uses permitted in the
RA-one-family district as set forth in
subdivision 11(2) of this section.
e. Off-street parking requirements for an
apartment and single-family residence (four
spaces) must be provided.
.
b. Type II, home occupation permits.
c. Multi-family dwellings.
f. Maximum size of garage is 800 square
feet.
d. Bed and Breakfasts.
g. Maximum size of accessory dwelling unit is
800 square feet.
e. Reserved.
(3) Accessory uses. Accessory uses. In the RB
district uses and buildings incidental to
permitted or special permitted uses shall be
subject to the following regulations:
h. The application requires design review for
consistency with the primary unit in design,
detailing and materials.
i. The height may not exceed that of the
primary residence.
a. The maximum lot coverage of all accessory
buildings including attached and detached
private garages and other accessory
buildings shall be 1,000 square feet or ten
percent of the lot area, whichever is less.
j. Both the primary residence and accessory
dwelling unit must be connect to municipal
sewer and water services and be located on
an improved public street.
b. The total ground coverage of the accessory
buildings shall not exceed the ground
coverage of the principal building.
c. No more than two accessory buildings, one
private garage and one other accessory
building, 120 square feet maximum, shall be
. located on a residential premises.
d. An accessory building shall not be designed
or used for human habitation, business or
r ~~_ .water
~ - ::;:;..-- ---=::; ~
-- \ ~
THE BIRTHPLACE OF MINNESOTA J
NOTICE OF PUBLIC HEARING
ZONING TEXT AMENDMENT
Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will
meet on Tuesday, February 1, 2005, at 7 p.m. in the Council Chambers at Stillwater City
Hall, 216 North Fourth Street, to consider a request from City of Stillwater for a Zoning
Text Amendment changing the duplex residential zoning district regulations. Case No.
ZATj04-02.
.
All persons wishing to be heard with reference to this request will be heard at this
meeting. .
Steve Russell
Community Development Director
Publish: January 21, 2005
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
.
f.
I
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.
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Memo
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director ~
January 26, 2005
Scope of Services for Armory Feasability Study
Background. At your meeting of January 18, 2005, approval was given to begin study
of a National Guard Armory next to the Stillwater Recreational Center using new US
Government design and location criteria.
At the meeting, consultant assistance up to $5,000 was approved. The attached scope
of work describes the work items that will be completed and the product of the work.
Based on the consultant work, the city will obtain a new site plan for the
armory/community facility and a general description of the activities housed in such a
facility. The estimated costs of meeting the new design requirements will also be
provided.
If it is determined feasible to locate an armory/community facility on the existing
recreation center site, a relook at the community activities that can be accommodated
in the facility can be reviewed.
Recommendation: Approval of letter scope of work and budget for National Guard
Armory/community facility site plan revision of feasability review (resolution).
Attachments: Letter of Scope of Work Agreement for Armory Site Plan Revision.
JAN-26-2005 WED 01:33 PM ANKENY KELL ARCHITECTS
FAX NO, 6516450079
p, 02
.
,
.tfi
hRCHITIf:C:'TuWl::
IN.r'':''luou DI:::O:IGN
~&...ANNINC.
.
ANKENY
KELL
ARCHITJ=:CTS
January 26. 2005
Mr. Steve Russell
Director of Community Development
City of Stillwater
216 Fourth Street North
Stillwater, MN 550B2-4B07
Re: SCVSC Site Plan Revisions
For National Guard Armory Requirements
Dear Mr. Russell:
You have requested Ankeny Kell Architects (AKA) analyze the required changes to the existing site plan
prepared in 1996. for the new Force Standards of the National Guard Bureau (NGB). The following is a
summary of the scope of work required for the site plan revisions as well as a proposed fee to accomplish those
changes. We have met with you and Thomas Vesely, Architect and Facilities Management Officer with the Statlil
of Minnesota Department of Military Affairs fMnDMA). the agency responsible for the new Readiness Center
(Armory) on the site.
In 1996, as part of the Master Site Planning process, we co-located the facilities required for the National Guard
Readiness Center on the site. Since that time the NGB has implemented new Force resistance requirements.
As a result. it is necessary to relocate the r=teadiness Center facmties On the site plan in the context of the
existing Sports Complex facilities and the new standards; this will require revililw by both the City of Stillwater
(City) and the NGB.
.
As the architect and planner of the original project AKA anticipates the following scope of work will be required:
1. Retrieve archived documents from archive storage
2. Review program requirements of the facility for the City of Stillwater
3. Review program requirements of the facility for the National Guard Bureau
4. Discuss any changes with the City and the MnDMA
5. Determine applicable force requirements
6. Develop alternative solutions and COSI factors associated with each alternative. AKA beHeves there are
up to threlil alternatives to be considered.
7. Document tile proposed modifications
8. Review with the City and the MnDMA
9. Revise document according to needs of City and MnDMA
10. Prepare findings in bound report
11. Present final resolution to the City Council and the MnDMA.
12. Review next steps in process
AKA propose the fee to perform the work desoribed above be based on a not-to-exceed (NTE) amount of Five
thousand Dollars ($5,000) plus reimbursable expenses estimated to be (WO hundred Fifty Dollars ($250).
Sillable l10urs will be charged at the rate indicated on the attached AKA 2005 hourly rate schedule. We do not
anticipate tile need for any consultant hours at this time. but any of those required services would be charged as
additional services to the NTE amount.
S21 ~flVMQND I\VENUE. SUITF. 400
ST. PAUL. MN ~Sl14
65 t -1045-6806
6S1-64!;-007~ FAX
AKMAI Ui'flNKt-;I'lY KCLL.COM
WWW.ANKCNYKELL.COM
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JAN-26-2005 WED 01:33 PM ANKENY KELL ARCHITECTS
FAX NO. 6516450079
P. 03
Mr. Steve Russell
January 26. 2005
20f2
AKA anticipates this process should take 4 weeks, depending on meeting times and availability of all concerned
parties. We look forward to proceeding on this project as soon as we receive authorization acknowledged by a
signature at the bottom of this letter. .
Thank you tor utilizing the services of Anl(eny Kell Architects for this continuing project.
Sincerely,
ANKlS:NY KELL ARCHITECTS, P.A.
Duane A. Kall, FAIA
Partner in Charge
Enclosure
City of Stillwater AuthOrization to Proceed
By
Ifs
Date
JAN-26-2005 WED 01:33 PM ANKENY KELL ARCHITECTS
FAX NO, 6516450079
p, 04
...
\
ANKENY KEL.L. ARCHITECTS
HOURLY BILLABLE RATES
2005
.
Hourly labor is charged to the project a1 2.5 times Direct Personnel Expense (OPE).
The following rates reflect the blllable amounts to be charged.
. P rincipaVP artner-i n-Ch arge/Construction Specialist $95-150
. Architect/Project Manager/Certi'fied Interior Designer $80-125
. Technician/Intern Architect $65-80
. Interior Design Staff $55-70
. Administrative Staff $50-65
Reimbursable Expenses
Reimbursable expenses include but are nOllimited to the following:
. Cost of out~of-town travel, lodging and electronic communications
in connection with the project.
. Iransportation cost at 36 cents per mile, including parking fees.
. . Fees paid for securing approval of authorities having jurisdiction
over the project.
.
. Reproductions, plots, standard form documents, photocopies,
project photography, postage, long-distance telephone calls.
facsimiles, handling and delivery of Instruments of Service.
· Materials required to assemble reports.
· Printing of construction bid sets.
. As built drawings and measure drawing of existing facilities.
· Expenses of over-time work requiring higher than regular rates if
authorized in advance by the owner.
. Renderings, models and mock-ups requested by the owner.
. Expenses of professional liability insurance dedicated exclusively
to the project or the expense of additional insurance coverage or
limits requested by the owner in excess of that normally carried by
the architect and the architect's consultants.
. Other similar direct project-related expendItures.
Reimbursable expenses are billable at 10% over cost.
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Memo
To:
From:
Date:
Subject:
Mayor and City Council V
Steve Russell, Community Development Director
January 27, 2005
Request for Removal of Public Restrooms from Stillwater Mills Project
Background. The City Council approved a special use permit for Stillwater Mills
development on November 18, 2003 (minutes and conditions of approval attached). At
that meeting, the developer indicated that with project construction a public restroom
would be provided in the first level lobby area. This was an offer by the developer and
not a City zoning or building requirement. No special City assistance is being provided
to help with restroom cost.
The construction plans are being reviewed for building permit issuance. The developer
is requesting City removal of the public restroom (see attached letter). Although the
public restroom is not "required", it was presented as part of the project at the Council
appeals hearing and being brought back to the City Council for notice and consideration
of request.
Recommendation: Decision on request to remove public restroom.
Attachments: Letter from Melissa Pfannenstein, 1-24-05
'\
ARCHITECTURE PLANNING URBAN DESIGN ,
~'^~ ;~:';:wj;;1LSd;ii.;> ';";"jfp1-~
ARCHITECTURE INC.
.
333 WASHINGTON AVENUE NORTH
SUITE 210, UNION PLAZA
MINNEAPOLIS, MN 55401
PHONE: 612.676.2700
FAX: 612.676.2796
DJK
January 24, 2005
Stillwater City Council
216 North Fourth Street
Stillwater, MN 55082
Re: Case No. SUPN/03-83 Stillwater Mills on Main: Request for Removal ofRestrooms from
Retail Lobby
Dear Council,
Per the request of Steve Russell, the Community Development Director, Four Star Land
Development, LLC and DJR Architecture, Inc. is requesting to be added to the February 1, 2005
City Council Agenda. The project team is requesting approval to remove restrooms at the retail
lobby due to the following issues:
1. Security: Providing restrooms in an unoccupied space creates a non-defensible space
and could potentially put the visitors, residents and retail staff at risk.
.
2. Code: A lobby is considered an unoccupied space and therefore does not require
restroom facilities per code. Each retail tenant will be required to provide restrooms
based on their use and square footage requirements, therefore not undermining the
demand. Providing one central facility becomes problematic for small retail businesses
having one employee. Often requiring them to close in order to use a restroom.
3. Cost and Maintenance: Providing restrooms increases the overall cost of construction
and reduces the amount of leasable square footage. A restroom open to the public also
has additional maintenance cost to the retail tenants and is at a higher risk for vandalism.
The project team feels that it is in the best interests of the visitors, residents and retail staff to
remove the restrooms from the retail lobby and provide them inside of each individual retail
space where they can be monitored. Code requires that each tenant space have their restroom
facilities available to all people visiting such space.
Enclosed is a reduced first floor plan for your review.
Sincerely, ~.~ '--- )
ObO)
DJR Architecture, Inc.
612.676.2741
.
enc: Reduced First Floor Plan (nts)
.
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RESOLUTION 2003-241
RESOLUTION APPROVING CONDITIONAL USE PERMIT
.
WHEREAS, This planning request was heard by the Planning Commission at their regular
meeting .of October 13, 2003 and after review of the staff report, applicant and public
testimony, the Planning Commission denied the request; and
WHEREAS, on October 21, 2003, the applicant appealed the Planning Commission's denial
and submitted a revised plan on 11-10-2003, for Council consideration with the appeal and
indicated in the letter of appeal, the applicant has eliminated two levels from the original
proposal; and
WHEREAS, the current project is within the height limit established by the Zoning Ordinance
and the parking provided is in excess of the spaces required by the Zoning Code; and
WHEREAS, the plan has also been modified adding a residential finger in the rear court area
which adds 14 units to help compensate for the loss of the top residential level of the structure;
and
WHEREAS, the project is within the flood plain and the applicant has proposed to comply with
flood plain regulations by obtaining a revision of the flood plain map by elevating the building .
and structures to above the regulatory flood elevation of 693.5 or, in the alternative, that the
structures be flood proofed to the regulatory flood protection elevation of 693.5; and
WHEREAS, a traffic study prepared by Glen Van Wormer of SEH Engineering dated October
. 9, 2003 concluded that the project traffic can be accommodated on the existing Toad system,
and that additional traffic generated by the project would be unlikely to be noticed in the
Downtown Stillwater Area.
NOW THEREFORE, BE IT RESOl VEO that the Stillwater City Council hereby approves Case
Case No. SUBN103-83 with the following conditions:
1. The project design shall be modified to read as a series of different but related smaller
buildings similar in scale to Main Street buildings south of the' property.
2. The structure shall be flood proofed to the regulatory flood protection elevation as.
required by the City's Flood Plain Ordinance. The flood proofing design shall be prepared
by a qualified professional and reviewed by the City's engineering department or flood
map amended or, in the alternative, the Applicant obtain a flood plain map revision
approved by FEMA to remove the site from the flood plain.
3. A demolition permit shall be obtained before this project is approved.
4. Detailed design plans for the retaining wall and dewatering of the site shall be reviewed
and approved by the City Engineer before final plan approval.
5. A stormwater drainage plan shall be presented for City Engineer approval.
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. 6. All conditions of approval from the HPC are incorporated into this condition by referenc~
listed below:
A. Details of first story public space and merchant space shall be reviewed and
approved by the HPC.
B. All utilities shall be completely screened from public view. .
. C. A lighting plan showing the building fixture type, height, location and exterior lighting
intensity shall be submitted for Heritage Preservation approval. All lighting shall be
directed away from the street and adjacent properties. Light sources shall be
shielded from direct view and protected form damage by vehicles.
D. All landscaping shall be installed before utility release or final project inspection. No
project shall be phased unless approval is granted by the Planning Commission.
E. Continuous concrete curbing shall be installed to separate parking areas from
landscape areas.
F. Handicapped parking spaces and signage, in compliance with State requirements,
shall be shown on building permit plans and installed before final inspection of the
project.
G. The street address of the building shall be displayed in a location conspicuous from
the public street.
H. The trash enclosure shall be made of a sturdy opaque masonry material, with trash
receptacles screened from view and compatible with the color and materials of the
project.
I. All trees required to remain on site, as indicated on the plans, shall be protected by
. fencing or other necessary measures shall be taken to prevent damage during .
construction activity.
J. All parking shall be available for use by the general public during the hours when the
business is not operating.
K. No roof equipment shall be visible to the general public.
L. All gutters, downspouts, flashings, etc. shall be painted to match the color of the
adjacent surface.
M. Construction projects shall conform to the City's Noise ordinance. Construction
during the dry season shall mitigate excess dust problems.
N. A sign permit shall be required for all project signs.
O. Grading and drainage plan to be approved by City Engineer before building permits
are issued.
P. Sign package to be approved by the Heritage Preservation Commission, including
. directional signs.
Q. Exterior lighting planto be reviewed and approved by the Heritage Preservation
Commission
R. All security lights on building shall be downlit.
S. A sign permit is required for signage.
T. All exterior modifications to the approved plan are to be reviewed by the HPC.
7. Fire Department standards for access and water supply and sprinklers shall be met.
8. Access between parking levels as described in the parking study shall be considered for
redesign.
. 9. Trash storage shall be enclosed within the proposed building.
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10. All heating and air conditioning equipment shall be enclosed within the building to contro.J...
noise and views. .
11. Recommendation contained in traffic review shall be incorporated in the final project
plans.
12. Design impacts of flood proofing on the Main Street commercial facade shall be reviewed
. by the. Heritage Preservation Commission. .
13. The Parks Board shall review the proposed park design to determine if it meets the City's
park dedication requirement.
14. The applicant shall obtain a MnDOT access permit as required.
15. HPC design review and approval
16. HPC approval of demolition permits
17. Parks Board review of park dedication land
18. No demolition may begin until financing is secured for the total project and only
immediately before construction of the project begins.
Adopted by the Stillwater City Council this 18th day of November, 2003
~ l/L#
~i~or -/
ATTEST:
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dJAnL-e~IiJuL
Diane F. Ward, City Clerk-
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 03-25
NOVEMBER 18, 2003
REGULAR MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7:10 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble
Council member Rheinberger
Others Present:
City Administrator Hansen
Police Chief Dauffenbach
Public Works Director Eckles
Fire Chief Kallestad
Director of Administration Knauss
Community Development Director Russell
City Attorney Magnuson
City Clerk Ward
APPROVAL OF MINUTES
Motion by Council member Milbrandt, seconded by Council member Kriesel to approve the
October 28, 2003 regular and recessed minutes and November 5, 2003 special meeting
minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Presentation of Certificate of Aooreciation to Andrew Edman. Seth Novotnv. and Nick Zoller
Community Development Director Russell explained the projects that Andrew Edman,
Seth Novotny, and Nick Zoller implemented in the City.
Mayor Kimble presented Certificates of Appreciation to Andrew Edman, Seth Novotny,
and Nick Zoller.
Motion by Council member Milbrandt, seconded by Council member Junker to adopt
Resolution 2003-240A, certificate of appreciation to Andrew Edman, and Resolution 2003-
240B, certificate of appreciation to Seth Novotny, and Resolution 2003-240C, certificate of
appreciation to Nick Zoller. All in favor
Ayes:
Nays:
Absent:
Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble
None
Councilmember Rheinberger
,
City Council Meeting - 03-25
November 18, 2003
'\
Reauest for "The Chestnut Stroll" on December 13 - Bob Jorqensen
.
Mr. Bob Jorgensen reviewed the proposed event "The Chestnut Stroll" which would take
place on December 13, 2003 from 10:00 a.m. to 10:00 p.m. He requested that they be
allowed to use street vendors such as a vendor to sell roasted chestnuts and use
sandwich boards.
Motion by Council member Kriesel, seconded by Council member Junker approving Mr.
Jorgensen's request. All in favor.
Proclamation: Stillwater Familv Week - November 23-29.2003
Motion by Councilmember Junker, seconded by Council member Milbrandt proclaiming
Stillwater Family Week from November 23-29,2003. All in favor.
OPEN FORUM
Mr. Brad Castle requested that he be allowed to save the foundation of his "garden
shed". He stated that the wooden structure would be taken down and then a roof
placed over the foundation.
Council expressed concern on the progress of the work on the property and the
appearance of the property. .
Mr. Robert Hagstrom stated that he would be assisting Mr. Castle in the project. Mr.
Ben Dickhausen, owner of Central Hub offered his services to Mr. Castle.
Motion by Councilmember Kriesel, seconded by Councilmember Milbrandt approving the
retention of the foundation providing that personal belongings on the property are removed and
that the property is cleaned up within two weeks. All in favor.
Mr. Richard Cummings, Sunrise Rotary, stated that on the consent agenda is a request
for a temporary liquor license and permission to use the City Hall parking lot for a
fundraiser to be held on New Year's Eve from 8:00 p.m. to 12:30 p.m. at the Stillwater
Library. He stated that the event coincides with the 100th anniversary of the rotary and
the Stillwater Library.
STAFF REPORTS
Fire Chief Kallestad informed the Council that the City has been awarded the Fire Act
Grant and that the 10 percent match is listed on the Consent Agenda.
City Clerk Ward informed the Council that Mr. Chuck Donnelly would resign his position
on the Charter Commission at the end of December because he is moving to Oak Park
Heights. She stated that staff will advertise the vacancy and that if anyone is interes.
they should contact City Hall.
Page 2 of 10
City Council Meeting - 03-25
November 18, 2003
.
Community Development Director Russell provided an update on the Boutwell Area
Traffic Study. He stated that the Planning Commission held a public hearing but did not
provide a recommendation at this time. He stated that the Planning Commission will be
holding two workshops on this item and will make a recommendation to Council in
January.
City Administrator Hansen reminded the public and Council that the Truth in Taxation
hearing will be held on December 2, 2003 at the 7:00 meeting.
CONSENT AGENDA
Motion by Council member Milbrandt, seconded by Council member Kriesel to approve the
Consent Agenda. All in favor.
Ayes:
Nays:
Absent:
Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble
None
Council member Rheinberger
.
Resolution 2003-235, directing payment of bills
Resolution 2003-236, approving Minnesota premises permit for gambling for Climb,
Inc. at the Harbor Bar, 517 N. Owens, Stillwater, MN
Approval of Temporary Beer and Wine Liquor License and approval of use of City Hall
Parking Lot for fundraiser held at Stillwater Public Library - New Years Eve 2003 -
Sunrise Rotary Club
Resolution 2003-237, approval of Dental Insurance Carrier and Rates for 2004
(available Monday)
Approval of banner request - Yule Fest - Trinity Lutheran Church - November 10-23,
2003
Approval 2003 Capital Outlay Expenditure for match of Fire Act Grant - Fire
Department
Approval to purchase HP Laserjet printer - Finance Department
Approval of application for senior deferment of special assessments
Resolution 2003-238, accepting work and ordering final payment for 2002 Street
Improvement Project (Project 2002-03)
Approval of donation of old hockey rink to City of Tounton, Minnesota
Resolution 2003-239, Approval of reciprocal fire service agreement with Capitol City
Mutual Aid Association
Approval of expenditures from 2003 capital budget - Library
PUBLIC HEARINGS
.
Case No. SUPNI03-83.This is the dav and time for the oublic hearina to consider an aooeal of
the Plannina Commission's decision on a reauest from The Architectural Network. Inc...
Michael Hoefler. for a soecial use oermit for a 112 unit condominium develooment with main
level retail and underaround oarkina and a variance to the heiaht reaulations (4 stories and 50
Page 3 of 10
City Council Meeting - 03-25
November 18, 2003
feet allowed. 6 stories and 67 feet reauested) and a variance to the Flood Plain Reaulations .
located between North Main Street and North 2nd Street north of Mulberrv Street (south of
Staples Mill) in the FP. Flood Plain and CBD. Central Business District.
Community Development Director Russell explained the request. The project is located
in the Downtown Central Business District as well as the Flood Plain District. The
applicant intends to flood proof or elevate the structure, which requires a conditional use
permit. The other part of the application is a special use permit for a mixed use for the
residential part of the project. A variance was required for the original request for a six-
story structure, which was denied by the Planning Commission. The current application
was revised and reduced the height to four stories (50 feet).
Robert Gag, Chairman of the Planning Commission addressed Council on the Planning
Commission's denial of the project.
Howard Lieberman, Chairman of the HPC, stated that the HPC's only concern was that
the plan fall within the design guidelines, which allow a four-story structure. He asked
that a revised plan come back before the HPC for design approval, and a demolition
permits which are required for any buildings over 50 years of age.
Mayor Kimble opened the public hearing.
The developer thanked Council for the opportunity to present the project.
.
The architect, Michael Hoefler, addressed Council on the project. He stated the project
adheres to the Comprehensive Plan guidelines. He addressed the issues of height,
traffic, displacement of existing businesses, historical context, and residential
development phasing.
Mayor Kimble recessed the meeting for five minutes and called the meeting back to
order and opened the hearing to comments from the public.
Norman Steer, 17060 116lh St. N., stated he was glad to see that the old building on the
corner will be saved and asked that the building on the other corner also be saved. He
showed pictures of the interior of the building and its timber frame construction. He
stated that the pattern on the top of the building matches exactly the pattern on the
Commander Elevator building on the south end of town.
Katherine Newman, 1111 N. 2nd St., addressed Council on behalf of her sister Caroline
Fraser who lives at 512 N. Main St. Her driveway is off of north 2nd Street and is
concerned that the development will affect the access to her property.
Martin Hansen, 402 N. 2nd St., indicated on a map where the previous speaker's
driveway is located. He also urged Council to enforce the flood plain regulations. He
was also concerned about any mechanical equipment noise and traffic. .
Page 4 of 10
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.
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City Council Meeting - 03-25
November 18, 2003
Pete Sampair, owner of the Sammie's Building on the corner, stated his concern about
the construction period and the disruption of his business. He asked that Council make
a decision soon in order for them to make a decision regarding their business.
Melanie Ebertz, 368 N. Main St., owns a business in one of the buildings, which will be
demolished. She stated that thousands of visitors to her business have commented on
the charm and character of the old building. She feels this project will change the
character of the downtown. She asked that Council slow down and give this project
more thought.
Craig Tupee, owns a real estate office in Stillwater and lives at Sunnyside in the
summer. He stated that he has taken 54 reservations for this project. These
prospective residents are very excited about living in the downtown.
Marjie Olafin, 300 E. Willow St., asked how reservations could be taken on a project
that has not been approved. She feels the Planning Commission and City of Stillwater
have sent a strong message.
Pat Ebertz, 108 S. Third St., feels the project is moving too rapidly. She asked that the
Council slow down the process because there is so much opposition.
Ben Dickhausen, owner of the Central Hub Bike Shop, stated he has mixed feelings
about the project. He is in the predicament of not wanting to order inventory for 2004
and has been closed for the past few weeks. The history of the building is debatable.
Gail Roettger, lives downtown, and does not believe there will be no impact on traffic.
She is against the project.
Karl Ranum, citizen of Stillwater and also a member of the Planning Commission, stated
he is opposed to the project and feels that most, if not all, of the Planning Commission
is opposed. He does not believe the design reflects the historic character of Stillwater.
He is also concerned about the traffic impact. He is also concerned about the timing of
the residential developments and large influx of new residents downtown. He feels that
a different project is being presented to Council tonight than was presented to the
Planning Commission and therefore it defeats the appeal process. He asked Council to
deny the special use permit.
Carl Correy, owner of Gallery Print, stated that the Council should listen to the people in
attendance. When he negotiated his lease in April/May of this year and was allowed to
make improvements to his space, he was told there were no plans to sell the building.
Erik Brand, 119 Cherry St., feels the Council would be in favor of this project because of
the amount of property tax dollars it will bring into the City. He does not believe this
project belongs in Stillwater.
Page 5 of 10
City Council Meeting - 03-25
November 18, 2003
Dick Kedrowski, 9340 Mendel Road, Stillwater Township, co-owner of the property, .
informed Council of the amount of money he has spent trying to maintain the building .
Renting the property has not produced enough income to maintain the property, so he
began to look for alternatives. He stated that the tenants knew he was interested in
selling the property. Because of that, he gave cheap rent and short-term leases to the
tenants. All leases had a 50-day notice clause.
Rich Cummings, 1050 Amundson Drive, and former Councilmember, stated that this
process reminds him of the annexation process the Council went through six years ago
and the emotion involved when growth happens and is unavoidable. The right decision
is to go by the law and the best use of the property. It fits the Comprehensive Plan and
would be for the good of the City.
Mark Desch, owner of 333 N. Main St., is not excited about the architecture, but the
property owner has a right to market his property, and he would support the project.
Howard Lieberman, 914 S. Greeley St., Chair of the HPC, asked if it was possible to not
make a decision tonight. The new project would have to come before the HPC and
demolition permits would have to be obtained. That would allow more public input
before a final decision is made.
Dick Kedrowski stated that he has waited seven years to find a developer to work with
and asked Council to make a decision tonight.
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Patrick Pudlik, 423 No. 3rd St., agreed with Mr. Lieberman and asked for more time and
more thoughtful consideration.
Mayor Kimble closed the public hearing.
City Attorney Magnuson explained the constitutional protections for landowners. If a
use is permitted by special use permit in the City's zoning ordinance, there is a
presumption of validity and the burden is on the City Council to prove legally sufficient
reasons for denial.
Motion by Councilmember Milbrandt, seconded by Council member Kriesel to approve the
request from The Architectural Network, Inc., Michael Hoefler, for a special use permit for a 98
unit condominium development with main level retail and underground parking anda variance
to the Flood Plain Regulations located between North Main Street and North 2nd Street north of
Mulberry Street (south of Staples Mill), subject to the conditions as recommended and with the
following additional conditions: HPC design review and approval; HPC approval of demolition
permits; Parks Board review of park dedication land; and no demolition until financing is
secured and just before construction.
Ayes:
Nays:
Absent:
Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble
None
Councilmember Rheinberger
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Page 5 of 10
. MEMORANDUM
TO: Mayor & Council
FROM: City Administrator Hansen
SUBJECT: Lobbying Services Contract
DATE: January 27,2005
.
Although we briefly discussed lobbyist services during the budget discussion and the
amount of $46,000 was included in the budget, there was no formal approval of Ed
Cain's contract. Since the legislature went into session earlier this month I have asked Ed
to lobby at the Capital for the language in the bonding bill that will allow the City to keep
the $750,000 state grant for the levy project. I am advised that the language is in the
Senate bonding bill, but as of yet there is no companion bill in the House. I advised Ed
that he would be paid for his services as an extension of the 2004 Contract and that I
would put formal approval of the 2005 contract on the February agenda.
Ed is also working with Army Corp of Engineers on the Flood Wall Project and is
seeking additional funding at the Federal level for the project. He is also working on the
Armory Project and is seeking funding and approval for the Bridge Project and Hwy. 36.
I was very pleased with Ed's work last year and believe he was doing a good job for the
City.
It has also been brought to my attention that Mike Campbell may be interested in
providing lobbying services to the City. However I have not been able to reach him to
verify this and suspect the amount of money budgeted may be inadequate. Mike, as you
know, was the person responsible for the $1,000,000 grant for the North Hill Project.
RECOMMENDA nON
Approval of Lobbyist Contract for 2005.
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MEMORANDUM
To:
Mayor and City Council
From:
Sue Fitzgerald, Planner
Date:
February 1, 2005
Re:
Preserve America Communities designation
Background
On March 3, 2003, President Bush signed Executive Order 13287, Preserve America. That
Executive Order established the Preserve America Community designation and has been
successfully achieved by a number of U.S communities. At this time, no Minnesota city has
been designated as a Preserve America Community. Presently, there is no money or grants
associated with the designation, but that could happen in the future. Benefits now are:
· White house recognition;
· A certificate ofrecognition;
· A Preserve America Community road sign
· Authorization to use the Preserve America logo on SIgnS, flags, banners and
promotional materials;
· Listing in a Web-based Preserve America Community directory;
· Inclusion in national and regional press releases;
· Official notification of designation to State tourism offices and visitor bureaus;
and
· Enhanced community visibility and pride.
Attached is a letter from the Greater Stillwater Chamber of Commerce, Chamber Executive,
Diane Rollie
The Heritage Preservation Commission is requesting Council to grant approval for staff to apply
for the Preserv~ America Communities designation by the March 1 deadline.
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P.O. Box 516, 106 S. Main Street. Stillwater, MN 55082
Phone:(651) 439-4001/651) 439-7700 . Fax:(651) 439-4035 . www.i.lovestillwater.com
January 10, 2005
Stillwater Historic Preservation Commission
Mr. Howard Lieberman, Chair
216 North Fourth Street
Stillwater, MN 55082
Dear Mr. Lieberman and Commission,
The Greater Stillwater Chamber of Commerce Board of Directors encourages the
. Historic Preservation Commission to apply for the Preserve America designation.
Our Chamber of Commerce stands at the ready to assist your commission and the City of
Stillwater in this initiative. Please advise us as to what we might do to help your efforts.
SinCe~IY,. /) .
~;?(l,-a(/ -
Diane Rollie
Chamber Executive
Greater Stillwater Chamber of Commerce
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V1emorandum
To:
Mayor and City Coull~ii
Diane Ward, City Clerk
February 1, 2005
Library Board Appointment
From:
Date:
Subject:
The following persons have requested reappointment to the Library Board. They were
inadvertently missed at the last meeting.
LIBRARY BOARD - 2 terms exoirinq
Brian Simonet - W3 - wants reappointment
79 Maryknoll Drive
Ruth Ranum - W2 - wants reappointment
113 Brick Street S.
ACTION REQUIRED:
Adopt a resolution re-appointing members to the Library Board.
December 3, 2004
Sue Moore
Administrative Secretary
City of Stillwater
Dear Ms. Moore
\
.
Sorry for the delay in my response to your letter of November 17, 2004. Yes, I am
interested in serving on the Library Board of Directors for another three year term. I look
forward to serving another term during this exicting time for our Stillwater Public Library.
Sincerely, .
~
Brian Simonet
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i CA C/ C,</-
MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Shawn Sanders, Assistant City Engineer
DATE:
January 26, 2005 -
RE:
Amending the Feasibility Report for 2005 Street Improvement Project
DISCUSSION
After the last Council meeting where the Feasibility Study was presented for the 2005
Street Improvement Project, some additions need to be made to the report. The first has
to do with adding additional streets to the project. It is recommended that Olive Street
between Greeley and William be included as part of the study area and these properties
be notified when the Public Hearing is held on February 15,2005. If the bid for the
proj ect comes in high, Council would have to determine if they want delete this section
from the proj ect.
.
The second addition is the inclusion of a sidewalk on Deer Path. A sidewalk on Deer
Path was specified in the Comprehensive Trail Plan for the City of Stillwater. With the
possibility of street improvements, now is an opportune time to construct this sidewalk.
It is proposed to construct a five-foot sidewalk on the west side of Deer Path from Myrtle
to Olive Street. The estimated cost of this sidewalk is $37,320.
If Council should want a sidewalk on Deer Path, the next question to ask is how would
the sidewalk would be paid for. For the 2005 Street Improvement project, it was proposed
to assess 50% of the project cost to the property owners. Using this as a basis, the
sidewalk assessment for Deer Path would be $533.14 per property owner and would
increase the assessment from $3575 per lot to $4108.20 per lot. Another option is to not
assess the property owners at all for the sidewalk improvement, this was done as part of
the 2003 Street Improvement Project.
RECOMMENDATION
It is recommended that Council add the street section of Olive between Greeley and
William Street and include sidewalk construction on Deer Path. Council will need to
decide if and how they want to assess the sidewalk cost to the property owners on Deer
Path.
ACTION REQUIRED
.
If Council concurs with the recommendation they should pass a motion adopting
Resolution No. 2005- , RESOLUTION AMENDING THE FEASIBILITY STUDY
FOR THE 2005 STREET IMPROVEMENT PROJECT (PROJECT 2005-02)
.
RESOLUTION AMENDING FEASIBILITY REPORT ON
2005 STREET IMPROVEMENT PROJECT
(PROJECT 2005-02)
\VHEREAS, pursuant to resolution of the council adopted September 21, 2004, a report has
been prepared by the City Engineer with reference to the 2005 Street Improvement Project; and
\VHEREAS, the report provides additional information regarding whether the proposed project
is necessary, cost-effective, and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. The council will consider the amended improvements of such street improvements in
accordance with the report and the assessment of abutting property for a portion of the
cost of the improvement pursuant to Minnesota Statutes, Chapter 429.
2.
A public hearing shall be held on such proposed improvement on the 15th day of February
2005, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible
thereafter, and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
.
Adopted by the City Council of the City of Stillwater this 2nd day of February 2005.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
. A RESOLUTION ENCOURAGING THE MINNESOTA STATE LEGISLATURE TO
CREATE A SPECIAL TAXING DISTRICT FOR THE MIDDLE ST. CROIX WATER
MANAGEMENT OPRGANIZATION
WHEREAS, The Middle St. Croix Water Management Organization was founded to
cooperatively develop a Surface Water Management Plan for the watershed and to institute
programs to conserve soil and water resources through the implementation of practices that
preserve and use natural storage areas, control excessive volumes and rates of run-off, effectively
reduce or prevent erosion and sedimentation, promote groundwater recharge, improve water
quality and prevent flooding in order to protect and manage the natural and artificial water
conveying systems of the Middle St. Croix Watershed, and
WHEREAS, the Minnesota Legislature created 2nd Generation Water Management requirements
for Water Management Organizations in the State of Minnesota, and
WHEREAS, the 2nd Generation Water Management Plan will require the Middle St. Croix to
monitor the water resources and be proactive in maintaining the watershed resources, and
.
WHEREAS, in the past, the Middle St. Croix Water Management Organization operated with an
annual budget of$12,000 a year, and
WHEREAS, the annual cost to manage the Middle St. Croix Water Management Organization
with the 2nd Generation plan will increase to $80,000, and
WHEREAS, the communities of Afton, Baytown, St. Mary's Point, Stillwater, Oak Park
Heights and West Lakeland are in two or more watersheds, and
WHEREAS, the funds to operate the Middle St. Croix are from the General Funds of each
community, and
WHEREAS, the funds for Watershed Districts are directly levied on all properties in the
watershed, and
WHEREAS, landowners in the Watershed District pay taxes to support the Middle St. Croix
Water Management Organization and to the Watershed District, and
WHEREAS, the only way to solve this unfair taxing of landowners is for the Minnesota State
Legislature to recognize the Middle St. Croix Water Management Organization as a special
taxing district, and
.
WHEREAS, Minnesota Statutes 1 03B.241, 103B.245, and 1 03B.251, give the authority to tax
to all Water Management Organizations, and
WHEREAS, Minnesota Statutes 1 03B.241, 103B.245 and 103B.251 have levy limits already in
place for all Water Management Organizations.
NOW, THEREFORE, BE IT RESOLVED; that the communities of Afton, Bayport, Baytown,
Lakeland, Lakeland Shores, Lake St. Croix Beach, St. Mary's Point, Stillwater, Oak Park
Heights and West Lakeland strongly encourage the Minnesota State Legislature to add the
Middle St. Croix Water Management Organization to Minnesota Statute 275.066 and create a
special taxing district for the Middle St. Croix Water Management Organization.
CITY OF AFTON
By:
Mayor
ATTEST:
City Clerk
CITY OF BAYPORT
By:
Mayor
ATTEST:
City Clerk
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TOWN OF BA YTOWN
By:
Chairperson
ATTEST:
Town Clerk
CITY OF LAKELAND
By:
Mayor
ATTEST:
City Clerk
CITY OF LAKE LAND SHORES
By:
Mayor
ATTEST:
City Clerk
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CITY OF LAKE ST. CROIX BEACH
By:
Mayor
ATTEST:
City Clerk
CITY OF ST. MARY'S POINT
By:
Mayor
ATTEST:
.
City Clerk
CITY OF STILL WATER
By:
Mayor
ATTEST:
City Clerk
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CITY OF OAK PARK HEIGHTS
By:
Mayor
ATTEST:
City Clerk
OWN OF WEST LAKELAND
By:
Chairperson
ATTEST:
Town Clerk
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1211/28/1215
15:35
M~GNUSON L~W FIRM ~ CITY H~LL
NO.S18
[;11211
MAGNUSON LA wFlRM
LICENSED IN MINNESOTA AND WISCONSIN
ru~ DLiSCH OPFICB Bun.olNO
333 NORTH MAIN STIlE"T . SUlTe#202 ' P.O. BOX438 . STlLLWATER, MN 550&2
TEWHONf!:: (651) 439.9464 . FAX: (651)439.5641
DAVID T. MAGNUSON
MARGARET M. MURPHV
MEMORANDUM
TO:
Mayor, City Council and Staff
FROM:
David T. Magnuson
DATE:
January 28,2005
RE:
Lofts Development Agreement
A Development Agreement for the Lofts project was actually approved by the City
COlillCil on September 11, 2003. That Agreement set forth the terms of the tax increment benefit
that the project would receive and the obligations of the developer to build a project with a
market value in excess of wbat would be needed to retire th~ tax increment obligation.
Since that time, the developers have asked that they be allowed to refinance the first tax
increment note with a tax exempt refunding bond. The City Staff and the developer's
representative have negotiated a restatement of the Development Agreement that would allow for
this refinancing. It should be noted that as with any "pay as you go" tax increment obligation,
the full faith and credit of the City will not be pledged to retire either the taxable tax increment
note or the tax exempt refunding bonds that would be issued to refinance it. These sort of
obligations are payable solely from the real estate taxes that have been paid by the property
owner within the six months prior to a scheduled payment date on the obligations. Staff will be
happy to answer any questions that the Council might have with regard to this project.
Respectfully,
/nm
Enclosure
:l;fh; 1 v/
David T, Magnuson
Stillwater City Attorney
LOCATION:651 439 9464
RX TIME 01/28 '05 15:56
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Sixth Draft
January 28, 2005
AMENDED AND RESTATED
CONTRACT
FOR
PRIV A TE DEVELOPMENT
BETWEEN
THE CITY OF STILL WATER, MINNESOTA
AND
THE LOFTS OF STILLWATER, INC.
This document was drafted by:
David T. Magnuson
Magnuson Law Firm
333 North Main Street, Suite 202
P.O. Box 438
Stillwater, MN 55082
651/439-9464
TABLE OF CONTENTS
Page
.
ARTICLE 1 ................................................. ....................... ...................... ........................ ................. ...... ............. 2
Section 1.1. Definitions.................................... ................................................ ........................... 2
ARTICLE 2.............................. ................. ....... .................. ........... ............. .................... ..................... ...... ...........4
Section 2.1. Representations by the City. ...................................................................................4
Section 2.2. Representations and Warranties by the Developer. ................................................ 4
ARTICLE 3...................................................................... ......................... ........................................................... 5
Section 3.1. Conditions Precedent to City Actions. .................................................................... 5
Section 3.2. Limitation on City Financial Obligations. .............................................................. 6
Section 3.3. City Action...................................... ............. ..... ...................................................... 6
Section 3 A. Developers' Covenants................. .................. ................................ ......... ............... 7
ARTICLE 4....................................................................................... ....................................... ............................ 8
Section 4.1. Construction of Minimum Improvements. ............................................................. 8
Section 4.2. Construction Plans, Changes. .................................................................................8
Section 4.3. Commencement and Completion of Construction.................................................. 8
Section 4 A. Certificate of Completion. ...................................................................................... 9
Section 4.5. Indemnity. ............... ............ ...... .......... ........ ............ ........... ....................... .............. 9
Section 4.6. Site Improvements. ................................................................................... ............ 10
Section 4.7. Issuance of Notes to Reimburse Cost of Site Improvements................................ 10
ARTICLE 5............................................................................................................................. ........................... 11
Section 5.1. Insurance. .............................................................................................................. 11
Section 5.2. Rights of Mortgage Holder. .................................................................................. 12
ARTICLE 6......................................................... .......................... ..................... ..... ........................................... 12
Section 6.1. Financing. ......... ...................... .......... ......... .................. ... ........ ...... ......... ........... ..... 12
Section 6.2. Limitation Upon Encumbrance of Property.......................................................... 12
ARTICLE 7............. ....... ... ..... .......... ........................... ......... ......... .......... ................................ ........................... 12
Section 7.1. Representation as to Development........................................................................ 12
ARTICLE 8.................. ........................... ....................... .................... ............... ........... ............ ........... ............... 13
Section 8.1. Events of Default Defined. ................................................................................... 13
Section 8.2. Remedies on Default. ............................................................................................ 14
Section 8.3 . No Remedy Exclusive........................................................................................... 14
Section 8A. No Additional Waiver Implied by One Waiver. ......... ..... ............... ...................... 14
ARTICLE 9.... ....................... ......... ........................................ ................ ......................... ........... ........................ 14
Section 9.1. Conflict ofInterests; City Representatives Not Individually Liable. ................... 14
Section 9.2. Equal Employment Opportunity. .......................................................................... 15
Section 9.3. Titles of Articles and Sections. ............................................................................. 15
Section 9 A. Notices and Demands. ............................................................ ........ ...................... 15
Section 9.5. Time of Essence. ................................................................................................... 16
Section 9.6. Interpretation......................................................................................................... 16
Section 9.7. Construction.......................................................................................................... 16
Section 9.8. Parties in lnterest................................................................................................... 16 .
(i)
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Section 9.9. Entire Agreement. ................................................................................................. 16
Section 9.10. Counterparts. ....................................................................................................... 17
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHlBIT D
EXHlBlT E
EXHlBIT F
EXHIBIT G
EXHlBIT H
EXHlBIT 1
EXHlBlT ]
EXHIBIT K
EXHIBIT L
EXHIBIT M
Tax Increment Financing Plan for Tax Increment District No.1 0
Legal Description of Development Property
Subordination Agreement
Minimum Improvements
Eligible Site Improvements
Environmental Reports
Certificate of Completion
Form of Tax Increment Note
Legal Description of Option Property
Rail Road Temporary Easement Description
Right of Way
Legal Description, East Easement
Legal Description, North Easement
(ii)
CONTRACT FOR PRIV ATE DEVELOPMENT
.
THIS AGREEMENT. effective the day of 2005. between THE CITY
OF STILL WATER (the "City"), a home rule charter city of the State of Minnesota, having its
principal offices at 2 I 6 North 4th Street Stillwater, Minnesota 55082, and THE LOFTS OF
STILL WATER, INC. (the "Developer"), a Minnesota corporation, having its principal offices
located at Diamond Hill Center, 4301 Highway 7, Suite 100, St. Louis Park, MN 55416.
WITNESSETH:
WHEREAS. the City is a home rule charter city organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes,
Section 469.124 - 469.134, as amended, the Council is authorized to establish development
districts in order to provide for the development of the City~ and
WHEREAS, the Council of the City has established a development program (the
"Program") pursuant to the Municipal Development Districts Act; and has established a
development district (the "Development District") pursuant to the Municipal Development
Districts Act; known as Tax Increment Financing District No.1 0 (the "Financing District") and a
Tax Increment Financing Plan (the "Plan") a copy of which is attached hereto as Exhibit A, also .
pursuant to the enabling statutes of the State of Minnesota; and
WHEREAS, the major objectives of the Council in establishing the Development District
are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of
blight and deterioration~ eliminate unsafe structures and conditions; provide land for needed
public parking, utilities, and facilities; remove incompatible land uses, to provide housing
opportunities, eliminate obsolete or detrimental uses~ and assemble land for development; and
WHEREAS. the Developer has acquired certain real property located in the District (the
real property is more particularly described in Exhibit B to this Agreement), and has proposed
that the Developer construct the Minimum Improvements thereon; and
WHEREAS, the City believes that the development of the Development District pursuant
to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and
best interests of the City and the health, safety, and welfare of its residents, and in accord with
the public purposes and provisions of applicable federal, state and local laws under which the
Program is being undertaken, and;
NOW, THEREFORE, in consideration of the promises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
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ARTICLE 1
DEFINITIONS
Section 1.1.
Definitions.
In this Agreement unless a different meaning clearly appears from the context:
1.1.1. "Act'. means the Municipal Development Districts Act, Minnesota Statutes,
Section 469.124 et~.. as amended.
1.1.2. "Agreement" means this Agreement. as the same may be from time to time
modified, amended, or supplemented.
1.1.3. "A vailable Tax Increments" means for the initial Tax Increment Note, 95% of
the tax increment derived from the Development Property and received by the City in the six
months preceding the Payment Date; and means for the tax exempt refunding bonds as described
in Section 4.7.3, 95% of the tax increment derived from the Development Property and received
by the City in the six months preceding a payment date from the date of issuance of the
Refunding Bonds for and during the remaining life of the Financing District.
1.1.4. "Certificate of Completion" means the certification, in the form of the
certificate contained in Exhibit D attached to and made a part of this Agreement, provided to the
Developer, pursuant to Section 4.4 of this Agreement
1.1.5.
"City" means the City of Stillwater, Minnesota.
1.1.6. "Construction Plans" means the plans, specifications, drawings and related
documents for the construction work to be performed by the Developer on the Development
Property which (a) are the plans, specifications, drawings and related documents which are
submitted to the building inspector of the City, and (b) must include at least the following: (1) site
plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and
landscape plan; and (6) such other plans or supplements to the foregoing plans as the City may
reasonably request.
1.1.7.
"County" means the County of Washington, Minnesota.
1.1.8.
"Developer" means The Lofts of Stillwater, Inc., a Minnesota corporation.
1.1.9.
by the City.
"Development District" means Municipal Development District No. 1 created
1.1.10. "Development Property" means the property owned or controlled by the
Developer upon which the Developer will construct the improvements; the legal description is
set forth on Exhibit B.
1.1.11. "Drainage Easement" means the permanent easement to be granted by the City
to the Developer for construction and maintenance of a drainage pipe though and under the right-
of-way of Main Street from the Prison Property to the Development Property for the purposes of
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conveying spring water from the Prison Property for use in a heat exchange system to be built as .
part of the Minimum Improvements.
1.1.12. "Easements" those certain easements granted by the City to the Developer and
more precisely described in Section 3.3.1.5 herein.
I. 1.13. "Event of Default" means an action by the Developer described in Section 8. I
of this Agreement.
1.1.14. "Financing District"' means Tax Increment Financing District Number 10,
within Development District No.1.
1.1.15. "Holder" means the grantee under any Mortgage.
1.1.16 "Minimum Improvements" means the improvements to be constructed by the
Developer on the Development Property, as detailed in the Construction Plans, that will have,
when substantially complete, have a minimum market value of at least Thirty Million and
noll OOth Dollars ($30,000,000.00). A general description of the Minimum Improvements are set
forth in Exhibit D.
1.1.17. "Mortgage" means any mortgage or security agreement in which the Developer
has granted a mortgage or other security interest in the Development Property, or any portion or
parcel thereof, any improvements constructed thereon, and which is a permitted encumbrance
pursuant to the provisions of Article 7 ofthis Agreement.
1.1.18. "Net Proceeds" means any proceeds paid by an insurer to the Developer or the .
City under a policy or policies of insurance required to be provided and maintained by the
Developer pursuant to Article 5 of this Agreement and remaining after deducting all expenses
(including fees and disbursements of counsel) incurred in the collection of the proceeds.
1.1.19. "Payment Date" means the payment dates as set forth in the Tax Increment Note
attached hereto as Exhibit 1.
1.1.20. "Permitted Encumbrances" means the encumbrances permitted described m
Section 6.2 of this Agreement.
1.1.21. "Prison Property" means Blocks One, Two and Three, Terra Springs, according
to the plat thereof, Washington County, Minnesota.
1.1.22. "Program" means the development program approved by the City in connection
with the creation of the Development District, as it may be amended or modified.
1.1.23. "Refunding Bonds" means bonds issued pursuant to Section 4.7.3 to refund the
tax increment note.
1.1.24. "Site Improvements" means the elements of the Minimum Improvements that
are eligible for reimbursement from Tax Increments pursuant to Minn. Stat. 9469.124 - 469.134
as described on Exhibit E.
1.1.25. "State" means the State of Minnesota.
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1.1.26. "Tax lncrement Note" means the tax exempt tax increment revenue note, The
Lofts of Stillwater. lnc. Project Series 2004C
1.1.27. "Unavoidable Delays" means delays which are the direct result of strikes. other
labor troubles. tire_ unreasonable weather. floods or other casualty to the Minimum
Improvements litigation commenced by third parties which, by injunction or other similar
judicial action. directly results in delays, or acts of any federal, state or local governmental unit
(other than the City) which directly result in delays.
ARTICLE 2
REPRESENT A TIONS AND WARRANTIES: INTERPRETIVE RULE
Section 2.1. Representations bv the Citv.
The City makes the following representations as the basis for the undertaking on its part
herein contai ned:
2.1.1. The City is a charter city of the State with all the powers of a charter city duly
organized and existing under the laws of the State.
2.1.2. The City has created, adopted and approved Development District No.1 and has
created, adopted and approved Tax Increment Financing District No.1 0 in accordance with the
terms of the Act.
2.1.3. The Developer acknowledges that the Tax Increment District includes
properties other than the Redevelopment Property, and that the County remits Tax Increments to
the City on the basis of the Captured Tax Capacity of the entire Tax Increment District.
Consequently, the City will need to determine the amount of Tax Increments received from the
entire Tax Increment Financing District that are properly allocable to the Redevelopment
Property. The Developer acknowledges and agrees that the Tax Increments allocable to the
Redevelopment Property, if the Developer has paid the property taxes on the Redevelopment
Property in accordance with law. will be 100% of the Captured Tax Capacity of the
Redevelopment Property excluding parcels on which taxes are delinquent and excluding parcels
that have decreased in valuation (the "Developer's Percentage").
2.1.4. The City agrees that it shall subordinate its interests in this Agreement to the
security interest of LaSalle Bank National Association the holder of the first mortgage on the
Development Property pursuant to that certain Subordination Agreement attached hereto and
made a part hereof as Exhibit C (the "Subordination Agreement").
Section 2.2. Representations and Warranties bv the Developer.
The Developer represents and warrants that:
2.2.1. The Developer will construct, market and sell the Minimum Improvements in
accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and
federal laws and regulations including, but not limited to, environmentaL zoning, building code
. and public health laws and regulations.
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2.2.2. The Minimum Improvements will be constructed as an allowed use under the .
zoning ordinance of the City.
2.2.3. To the best of Developers knowledge, as of the date of execution of this
Agreement, the Developer has received no notice or communication from any local, state or
federal official that the activities of the Deve]oper, the City, or the Development Property may be
or will be in violation of any environmental law or regulation, except as disclosed in the
Environmental Reports attached as Exhibit F. As of the date of execution of this Agreement, the
Deve]oper is aware of no facts the existence of which could cause the Deve]opment Property to
be in violation of any ]ocal. state or federal environmental law, regulation or review procedure or
which would give any person a valid claim under the Minnesota Environmental Rights Act.
2.2.4. Neither the execution and delivery of this Agreement. the consummation of the
transactions contemplated hereby. nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented. limited by or conflicts with or results in a breach of,
the terms. conditions or provisions of any corporate restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
2.2.5. The Developer agrees that it will indemnify, defend, and hold harmless the City,
its governing body members, officers, employees, agents and contractors, from any and all
claims or causes of action. of whatsoever nature, arising or purportedly arising out of the actions
of the Developer. its officers, employees, agents or contractors in connection with this
Agreement or the construction, installation, ownership or operation of the Minimum
Improvements. Excepted from this indemnification, however, is any claim based upon the .
adequacy of the Minimum Improvements to function as a flood protection wall or levy and any
damage or injury to persons or property that might flow from such a failure or breach.
2.2.6. The Developer has funded mortgage financing or has shown a sufficient equity
infusion to the satisfaction of the City sufficient for construction of the Minimum Improvements.
2.2.7. The Developer has received a zoning use permit and any needed approval
required by the City Planning Commission, the Heritage Preservation Commission, the Stillwater
Community Development Director, and the City Council (collectively, the "Grantor").
ARTICLE 3
CONDITIONS PRECEDENT TO CITY ACTIONS
Section 3.1. Conditions Precedent to City Actions.
Without limiting any other provision of this Agreement, the City will not be obligated to
provide the assistance described in this Agreement unless and until the following conditions have
been satisfied with respect to the Development Property and the Minimum Improvements to be
constructed thereon. all of which must be satisfied or waived in writing.
3.1.1. The Developer has received a building permit from the City Building Official
and, the City Engineer.
.
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.
Section 3.2. Limitation on Citv Financial Obligations.
3.2.1. In no event will the City be obligated to reimburse the Developer for Site
Improvement expenses from any City funds other than the Available Tax Increment expressly
described in this Agreement.
3.2.2. I n the event that the Developer has not satisfied all conditions precedent by 10
days before the scheduled date of issuance of the Tax lncrement Note described in Section 4.7,
this agreement \vill be void and any sums paid to the City in the way of application fees, deposits
or other fees are forfeited.
Section 3.3. City Action.
3.3.1. The City will take the following action in a timely manner:
3.3.1.1.
timely manner.
The City will review all of Developer's submissions to the City in a
3.3.1.2. The City will grant to the Developer a temporary, non-exclusive
construction easement over and across the railroad property described on Exhibit K. The
easement \vill provide to the Developer an area in which to stage construction of the
Minimum Improvements. The easement will automatically terminate upon the issuance
of a Certificate of Completion. The Developer must restore the area within the easement
to as close as reasonably possible to its original condition.
.
3.3.1.3. The City hereby grants to the Developer for a period of five (5) years
from September 11, 2003, right of first refusal to purchase, pursuant to the terms of this
Section 3.3. J .3. certain real property legally described on Exhibit] attached hereto and
herby made a part hereof, located in Washington County, Minnesota ("Option Property").
During the term of this right of first refusal, the City agrees to give notice to the
Developer prior to accepting any third party offer to purchase the Option Property or any
part thereof for residential housing or retail purposes. Buyer shall have sixty (60) days
from receipt of said notice in which to exercise its right to purchase all or part of the
Option Property upon the same terms and conditions as are contained in the third party
offer. The provisions of this Section shall survive the closing and delivery of the deed
and other documents contemplated hereby. The option described in this Section will not
apply to the Development of the Option Property by the City or other third parties as a
cultural arts center. community center, or theater offering live performances.
3.3.1.4. Grant to the Developer easements based upon "as built" legal
descriptions prepared at the expense of the Developer.
.
i. The City will grant to the Developer for the benefit of the
Development Property, an appurtenant scenic easement over and across the City's
property adjacent to and east of the Development Property as legally described on
Exhibit L attached hereto and made a party hereof (the "East Easement") that will
restrict the City its transferees and assigns from allowing the construction of any
buildings or structures on the East Easement. This easement, however, will not
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restrict the City from future construction of a flood wall or flood levy on the East .
Easement property.
ii. The City will grant to the Developer for the benefit of the
Development Property. an appurtenant scenic easement over and across the City's
property adjacent to and north of the Development Property as legally described
on Exhibit M attached hereto and made a party hereof (the "North Easement")
that will restrict the City its transferees and assigns from allowing the construction
of any buildings or structures on the North Easement. This easement, however,
will not restrict the City from future construction of a flood wall or flood levy on
the East Easement property.
Ill. An easement for ponding and drainage over portions of City
Property adjacent. and to the East of the Development Property that are permitted
by the City. approved by the City Engineer and shown on the final plans for storm
water and drainage.
3.3.] .5. Temporary Easements. The City will grant to the Developer in a
timely manner and in order to facilitate construction. any necessary temporary easements
for access and to construct trails, roads, elevated walkways or berms permitted by the
City. approved by the City Engineer and shown on the final plans for the Project over the
area between the Easterly boundary of the Development Property and the Yacht Club
property.
3.3.1.6. The City waives any right to proceed against the Developer for
damage. loss or subrogation that arises or grows out of the failure of the Minimum
Improvements to function as a flood protection wall or levy.
.
3.3.] .7. The City will use its best efforts to facilitate a conveyance to the
Developer of an ] 8 foot wide strip, adjacent to the north 45 feet of the Main Street
boundary of the property from the Minnesota Department of Highways. The property is
described on Exhibit K (The Right of Way). The costs associated with obtaining this
conveyance will be borne by the Developer.
Section 3.4. Developers' Covenants.
3.4.1. The Developers promise the following continuing actions:
3.4.1.1. Submit to the City in a timely manner the data required to establish
nF eligible expenses or other information needed to comply with the Minnesota Tax
Increment Financing Act.
3.4.] .2. Submit to the City for review and approval of the City Attorney, the
covenants and restrictions that are proposed to bind the Development Property as part of
the Common lnterest Community to be established for The Lofts of Stillwater.
.
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.
.
.
3.4. J .3. Provide disclosure to purchasers of units in the Development Property
of the proximity of the project to Main Street the Stillwater water front and the bar and
restaurant known as P.D. Pappy's.
3.4.1.4. Grant to the City the following easements based upon "as built" legal
descriptions prepared at the expense of the Developer:
i. an easement for a walkway and pedestrian easement in favor of the
Cit) over and across portions of the property adjacent and to the South of the
De\ elopment Property upon which the Developer constructs the required
side\\alk.
ii. an easement for the maintenance and reconstruction of the
walkways that will be constructed by the Developer on the South Boundary Line
and the North Boundary Line of the Development Property.
III. an easement only during floods or threatened floods, to attach a
municipal emergency flood wall and levy to the wing and pilaster configuration
built as part of the Minimum Improvements and designed for that purpose upon
the North and South elevations of the Development Property.
ARTICLE 4
CONSTRUCTION OF MINIMUM IMPROVEMENTS
Section 4.1. Construction of Minimum Immovements.
The Developer agrees that it will construct the Minimum Improvements on the
Development Property in accordance with the approved Construction Plans and preserve and
keep the Minimum Improvements or cause the Minimum Improvements to be maintained,
preserved and kept with the appurtenances and every part and parcel thereof, in good repair and
condition.
Section 4.2. Construction Plans, Changes.
4.2.1. 1 f the Developer desires to make any material change in the Construction Plans,
the Developer must submit the proposed change to the City for its approval. The request must be
filed with the Community Development Director. Minor modifications and modifications that
do not change the exterior or the size of any structures may be approved by the Community
Development Director. Material modifications must be approved by the City Council and the
committee or authority that granted any permit or approval. If the Construction Plans, as
modified by the proposed change, conform to the requirements of this Agreement, the City must
approve the proposed change and notify the Developer in writing of its approval.
Section 4.3. Commencement and ComDletion of Construction.
The Developer must substantially complete the construction bv December 31, 2005. All
work with respect to the Minimum Improvements to be constructed or provided by the
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Developer on the Development Property must be in conformity with the Construction Plans as .
submitted by the De\(~loper and approved by the City.
The Developer agrees for itself. its successors and assigns, and every successor in interest
to the Development Property, or any part thereof that the Developer. and its successors and
assigns, will promptly begin and diligently prosecute to completion the development of the
Development Property through the construction of the Minimum Improvements thereon. and that
the construction must in any event be commenced and completed within the period specified in
this Section 4.3 or this Agreement subject to unavoidable delays. It is intended and agreed that
these agreements and covenants will be covenants running with the land and that they will, in
any event, and without regard to technical classification or designation, legal or otherwise, and
except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent
permitted by law and equity, binding for the benefit of the City and enforceable by the City
against the Developer and its successors and assigns. Until construction of the Minimum
Improvements has been completed, the Developer must make reports, in the detail and at the
times reasonably requested by the City, as to the actual progress of the Developer with respect to
the construction.
Section 4.4. Certificate of Completion.
4.4.1. Promptly after completion of the Minimum Improvements in accordance with
the Construction Plans the City will furnish the Developer with an appropriate instrument so
certifying (the "Certificate of Completion"). The certification by the City is a conclusive
determination of satisfaction and termination of this Agreement with respect to the obligations of
the Developer. and its successors and assigns, to construct the Minimum Improvements and the
dates for the beginning and completion thereof. The Certificate of Completion will be in the
form attached as Exhibit D.
.
4.4.2. I f the City refuses or fails to provide any certification in accordance with the
provisions of Section 4.4 of this Agreement, the City must, within ten (10) business days after
written request by the Developer, provide the Developer with a written statement, indicating in
adequate detail in what respects the Developer has failed to complete the Minimum
Improvements in accordance with the provisions of the Agreement, or is otherwise in default,
and what measures or acts it will be necessary, in the opinion of the City, for the Developer to
take or perform in order to obtain such certification.
4.4.3. The construction will be deemed to be completed when it is substantially
completed, as determined by the City in the exercise of its reasonable discretion, but not later
than the date upon which a certificate of occupancy is issued.
Section 4.5. lndemnitv.
The Developer further agrees that it will indemnify, defend, and hold harmless the City,
its officers, employees, contractors and agents, in connection with any liens or claims from
persons or entities related to the furnishing of labor or materials in connection with construction
of the Minimum Improvements.
.
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.
.
.
Section 4.6. Site ImDrovcments.
It is the intent of the Cit) to reimburse the Developer for eligible Site Improvement
expenses. The Cit\'s ubligation to reimburse the Developer for a portion of the cost of the Site
Improvements shall be subject to satisfaction of the following conditions precedent:
4.6.1. The Developer is in material compliance with all the terms and provisions of
this Agreement:
4.6.2. The Developer has submitted to the City Construction Plans for the Project, and
the Construction Plans have been approved by the City pursuant to this Agreement;
4.6.3.
Receipt of evidence of payment for the costs of Site Improvements.
4.6.4. Pursuant to Minn. Stat. 9469.176, Subd. 4j, site improvement expenses will be
limited to those expenses incurred to correct the conditions that allowed the designation of a
redevelopment district under Minn. Stat. 9469.174.
Section 4.7. Issuance of Notes to Reimburse Cost of Site Improvements.
At the request of the Developer. the City issued its Tax Increment Revenue Note, Series
2004C in the original principal amount of up to $2,000,000 (the "Note") to reimburse the
Developer for a portion of the cost of the Site Improvement expenses as provided in Section 4.6
of the Agreement subject to the following conditions:
4.7.1. The sole source of funds and the sole method by which the City reimburses the
Developer for Site Improvement expenses is the obligation to pay principal of and interest on the
Tax Increment Note from the Available Tax Increments derived from the Development Property
in the six months preceding each date of payment on the Tax Increment Note, and nothing herein
shall be construed to obligate the City to use any of its general funds or other municipal funds to
reimburse the Developer for such costs. In no event shall the City be required to use any of its
general funds or other municipal funds for any purpose related to or arising from the issuance of
the Tax Increment Note.
4.7.2. Upon completion of the Minimum Improvements, the City will use its best
efforts to issue tax exempt Refunding Bonds to the extent permitted by law to refund the Tax
Increment Note. The Bonds will be issued solely to accredited investors pursuant to a letter of
investment intent. The principal amount of the Bonds shall be not less than the lesser of: (A) that
amount such that the Debt Service Coverage Ratio for the Bonds is not less than 1.20 (or higher
if the market requires). based upon the following factors (i) the Market Value of the
Development Property, as most recently determined by the assessor of the City in accordance
with Minnesota Statutes, Section 273.11; (ii) the then current class rates applicable to the
Development Property: (iii) the lower of the original tax rate applicable to the Tax Increment
District or the current tax rate applicable to the Tax Increment District; and (iv) an annual rate of
inflation in the Market Value of the Development Property of one percent per year; and (B) that
amount sufficient (0 pay all Costs of Issuance and Capitalized Interest, and to provide for
payment of the entire principal amount of the outstanding Tax Increment Note; provided,
however, that the City will issue Bonds in an amount sufficient to pay Costs of Issuance and
Capitalized Interest on only one issue of tax-exempt Refunding Bonds In the event the net
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proceeds of the Bonds are not sufficient to provide for payment of the entire principal amount of
the outstanding fa:\ Increment Note. the Bonds will not be issued until the Developer agrees to .
the cancellation or the Tax Increment Note in full, even though it is not fully paid.
4.7.3. Payments on the Note and the Refunding Bonds are payable on each Payment
Date solely from the Available Tax Increment (defined below) together with the portion of
proceeds deposited in the Debt Service Fund as capitalized interest, the term " Available Tax
Increment" means. on each Payment Date, 95% of the tax increment actually received in the six
months preceding each Payment Date from the property legally described in Exhibit A hereto
(the "Redevelopment Property"), and received by the City in the six months preceding the
Payment Date.
4.7.4. Provided that no Event of Default has occurred and is continuing hereunder,
principal of and interest on the Tax Increment Note are payable from Available Tax Increments
on each February] st and August I st, commencing August 1,2005.
4.7.5. The obligation of the City to apply Available Tax Increments to payment of the
principal of and interest on the Tax Increment Note or the Refunding Bonds terminates on the
earlier of: (i) February 1, 2030; or (ii) upon the occurrence of an Event of Default hereunder if
the City suspends or terminates its obligation to pay Available Tax Increment in accordance with
Section 8.2 of this Agreement, or (iii) Tax Increment Financing District No. 10 is terminated by
act of the Minnesota State Legislature.
ARTICLE 5
INSURANCE
.
Section 5.1. Insurance.
5.1.1. The Developer will provide and maintain at all times during the process of
constructing the Minimum Improvements and, from time to time at the request of the City,
furnish the City \\ ith proof of payment of premiums on:
5.1.1.1. Builder's Risk Insurance, written on the so-called "Builder's Risk-
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so-called "all risk" form of policy. The
interest of the City will be protected in accordance with a clause in form and content
satisfactory to the City,
5.1.1.2. Comprehensive general liability insurance (including operations,
contingent liability. operations of subcontractors, completed operations and contractual
liability insurance) together with an Owner's Contractor's Policy with limits against
bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to
accomplish the above-required limits, an umbrella excess liability policy may be used).
5.1.1.3.
Worker's compensation insurance, with statutory coverage.
.
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.
.
.
The polici('c; of insurance required pursuant to clauses 5.].].] and 5.1.1.2 above must be
in form and content satisfactory to the City and must be placed with financially sound and
reputable insurers licensed to transact business in the State. The policy of insurance delivered
pursuant to clause :; 1. J . J above will contain an agreement of the insurer to give not less than
thirty (30) days' advance written notice to the City in the event of cancellation of the policy or
change affecting the coverage thereunder.
Section 5.2. Ri"hh of' I'vlortgage Holder.
The holder of' a mortgage permitted by the City may elect insurance requirements
different from requirements of this Section and in that event the requirements of the mortgage
holder will control.
ARTICLE 6
FINANCING
Section 6.1. Financing.
6.1.1. The City acknowledges and consents that the Developer has submitted
sufficient evidence of necessary financing for and equity infusion in amounts sufficient for
construction of the ivl inimum Improvements as required by this Agreement.
Section 6.2. Limitation Uoon Encumbrance of Prooertv.
Except for the instruments documenting the security interest of LaSalle Bank National
Association. and as described in the Subordination Agreement, prior to the completion of the
Minimum Improvements, as certified by the City, neither the Developer nor any successor in
interest to the Development Property upon which the Minimum Improvements are to be
constructed or any part thereof will engage in any financing or any other transaction creating any
mortgage or other encumbrance or lien upon the Development Property, whether by express
agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the
parcel
ARTICLE 7
PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFE~
Section 7.1. Rel)l"Cscntation as to Develooment.
The Developer represents and agrees that its purchase of the Development Property, and
its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of
development of the Development Property and not for speculation in land holding. The
Developer recognizes that (a) the development of the Development Property is important to the
general welfare of the City; (b) public aids have been made available by the City for the purpose
of making the development possible; and (c) any act or transaction resulting in a significant
change in the identity of the parties in control of the Developer, is of particular concern to the
City. Therefore. the Developer's interest in this Agreement may not be assigned, transferred or
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sold to any person or entity \vithout the prior written consent of the City. This provision is not .
intended to appl y to the sale or marketing of interests in The Lofts of Stillwater, Inc or units of
the Minimum Jl1lpr\l\ements in the ordinary course of business.
ARTICLE 8
EVENTS OF DEFAULT
Section 8.1. E vcnts of Default Defined.
The following are "Events of Default" under this Agreement and the term "Event of
Default'" means. \\ hcnever it is used in this Agreement (unless the context otherwise provides),
anyone or more or the following events:
8.1.1. FZlilure by the Developer to pay when due or to provide when required any
payments requircd to be paid or provided under this Agreement.
8.1.2. F:lilurc by the Developer to provide and maintain any insurance required to be
provided and mainLlined by Section 5.1 of this Agreement.
8.1.3. F :ul ure by the Developer to satisfy all conditions precedent to City as set forth
in Section 3.4.
8.1.4. Failure by the Developer to commence and complete construction of the
Minimum Improvements pursuant to the terms, conditions and limitations of Article 4 of this
Agreement. .
8.1.5. FZlilure by the Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed hereunder, including, but not
limited to a violation of any condition of approval required by 93.1.1 of this Agreement.
8. I .6. The Developer makes any material changes to the Construction Plans without
approval of the Grantor of any permit or approval described in 93.1.1 of this Agreement.
8.1.7. Thc Developer constructs Minimum Improvements that are materially different
from the Minimum Improvements described in the approved Construction Plans.
8.1.8. The Developer:
8.1.K ]. files any petition in bankruptcy or for any reorganization, arrangement,
composition. readjustment liquidation, dissolution, or similar relief under any state or
federal bankruptcy law;
8.1.8.2.
makes an assignment for the benefit of its creditors;
8.1.8.3.
due: or
admits in writing its inability to pay its debts generally as they become
8.JKA.
is adjudicated bankmpt or insolvent.
.
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.
Section 8.2. Remedies on Default.
Whenever any Event of Default refeITed to in Section 8. I of this Agreement occurs, the
City may take anyone or more of the following actions:
8.2.1.
Suspend its performance under the Agreement.
8.2.2.
Terminate this Agreement.
8.2.3.
Withhold the Certificate of Completion.
8.2.4. T:lke whatever action. including legal or administrative action. which may
appear necessary or desirable to the City, including any actions to collect any payments due
under this Agreement or to enforce performance and observance of any obligation, agreement,
or covenant of the Developer under this Agreement.
8.2.5. Notwithstanding any provision of Section 8.2 or any subpart, the City will
continue to pay the holders of any Tax Increment Note issued pursuant to Section 4.7, the
principal and interest on those instruments during any period of default if real estate taxes and
installments of special assessments due and payable on the Redevelopment Property are paid
before they become delinquent.
Section 8.3. No Remedv Exclusive.
.
No remed: conferred upon or reserved to the City or the Developer is intended to be
exclusive of any other available remedy or remedies, but each remedy is cumulative and is in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by sti1tute. No delay or omission to exercise any right or power accruing upon any
default will impair any right or power or may be construed to be a waiver thereof. but any right
and power may Ill' exercised from time to time and as often as may be deemed expedient. In
order to entitle thL' City or the Developer to exercise any remedy reserved to it, it will not be
necessary to give Ilutice. other than the notice that may be required in this Article 8.
Section 8.4. No Additional Waiver ImDJied bv One Waiver.
In the event any agreement contained in this Agreement should be breached by either
party and thereafter waived by the other party, such waiver will be limited to the particular
breach so waived and will not be deemed to waive any other concurrent, previous or subsequent
breach hereunder.
ARTICLE 9
ADDITIONAL PROVISIONS
Section 9.1. Con Ilict of Interests; Citv Remesentatives Not Individually Liable.
No member. officiaL or employee of the City will have any personal interest, direct or
. indirect, in the Agreement nor will any such member, official, or employee participate in any
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decision relating to the Agreement which affects his personal interests or the interests of any
corporation. partnership. or association in which he is, directly or indirectly, interested. No .
member. official. ()r employee of the City will be personally liable to the Developer, or any
successor in interest. in the event of any dehmlt or breach by the City or for any amount which
may become due \0 the Developer or successor or on any obligations under the terms of the
Agreement except Il1 the case of willful misconduct.
Section 9.2. EqUdl EmolO\ment OODortunity.
The Dewl\lper. for itself and its successors and assigns, agrees that during the
construction of thc Minimum Improvements provided for in the Agreement it will comply with
all non-discrimination and affirmative action requirements applicable under any state, federal or
local law. ordinancc or regulation.
Section 9.3. Titles of Articles and Sections.
Any titles of the several parts. Articles, and Sections of the Agreement are inserted for
convenience of relerence only and will be disregarded in construing or interpreting any of its
prOVISIOns.
Section 9.4. Notices and Demands.
Except as other\vise expressly provided in this Agreement, a notice, demand, or other
communication under the Agreement by either party to the other will be sufficiently given or
delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt .
requested. or delihTccI personally: and
9.4.1.
Developer;
in the case of the Developer, IS addressed to or delivered personally to the
Mark A. Saliterman
Diamond Hill Center
4301 Highway 7. Suite 100
St. louis Parle MN 55416
Facsimile: (952) 920-8474
and
Winthrop & Weinstine, P.A.
225 South Sixth Street Suite 3500
Minneapolis. MN 55402
Attention: Daniel S. Schleck. Esq.
Facsimile: (6] 2) 604-6800
9.4.2.
in the case of the City, is addressed to or delivered personally to the City at
City of Stillwater
2] 6 North 4th Street
.
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.
Stilh,,1ter. Minnesota 55082
Attelltion: Citv Administrator
fac"imile: (65]) 430--8809
and
Da\ lei T. Magnuson
J\.1i1~nuson Law firm
333 North Main Street
Stillwater. MN 55082
facsimile: (651) 439-564 I
or at another addre:-,,, with respect to either party as that party may, from time to time, designate in
writing and forward to the other party as provided in this Section.
Section 9.5. Time of Essence.
The City and the Developer agree that time shall be of the essence of this Agreement.
Section 9.6. Intcinrctation.
This Agreement shall not be construed more strictly against one party than against the
other merely by \irtue of the fact that it may have been prepared by counsel for one of the
parties, it being recognized that both the City and the Developer have contributed substantially
and materially in the preparation of this Agreement.
. Section 9.7. Construction.
The headings of the sections and subsections of this Agreement are for convenience and
reference only and do not form a part hereof, and in no way interpret or construe such sections
and subsections. Wherever the context requires or permits, the singular shall include the plural,
the plural shall include the singular and the masculine, feminine and neuter shall be freely
interchangeable.
Section 9.8. Parties in Interest.
This Agreement shall be binding upon and inure to the benefit of the parties' respective
heirs, representati \L'S. successors, and assigns. This Agreement is for the sole benefit of the City
and the Developer (including a permitted Assignee), and no third party is intended to be a
beneficiary of or have the right to enforce this Agreement.
Section 9.9. Entire Agreement.
This Agreement (including all exhibits hereto) contains the entire agreement of the
parties. It may not be changed orally but only by an agreement in writing signed by the party
against whom enforcement of any waiver, change, modification, extension or discharge is
sought.
.
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Section 9. I O. Counteroarts.
.
This Agreement may be executed in any number of counterp~rts, each of which shall be
deemed to be an original. but all of which together shall constitute one and the same document.
A signature page tu any counterpart may be detached from such counterpart without impairing
the legal effect of the signatures thereon and thereafter attached to another counterpart identical
thereto except having attached to it additional signature pages.
IN WITNESS WHEREOF. the City has caused this Agreement to be duly executed in its
name and behalf and its seal to be hereunto duly affixed and the Developer has caused this
Agreement to be du \) executed in its name and behalf on or as of the date first above written.
THE CITY OF STILLWATER, MINNESOTA
By
Jay L. Kimble, Its Mayor
By
Diane Ward, Its City Clerk
THE LOFTS OF STILLWATER, INC.,
a Minnesota Corporation
By:
Its:
THE LOFTS OF STILL WATER, INC.
.
Bv
Mark A. Saliterman, President
STATE OF MINNLSOTA )
) 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 instmment and that
this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a
Minnesota Municipal corporation.
Notary Public
.
- 17 -
.
.
.
STATE OF MINNLSOTA
)
) ss.
)
COUNTY OF WASHINGTON
On this clay of , 2005, before me, a Notary Public within and for said
County. appeared !\brk A. Saliterman. the President of The Lofts of Stillwater, to me personally
known who. being duh sworn. did say that he is the President of the corporation named in the
foregoing instrument :md that this instrument was signed as the free act and deed.
Notary Public
This instrument was drafted by:
David T. Magnuson
Magnuson La\v Firm
333 North Main Street. #202
P.O. Box 438
Stillwater, MN 55082
651-439-9464
- 18 -
Exhibit C
.
Subordination Agreement
SUBORDINA TION AGREEMENT
THIS SUBORDINATION AGREEMENT (this "Agreement"), is made and entered into as of the
day of , 2005, by and among the CITY OF STILL WATER,
MINNESOT A. a home rule charter city organized and existing under the Constitution and the
laws of the State of Minnesota (the "City") and THE LOFTS OF STILL WATER, INC., a
Minnesota corporation (the "Developer''). and LaSalle Bank National Association, a national
banking association (the "Lender'').
WIT N E SSE T H:
WHEREAS. the City and the Developer have entered into that certain Contract for Private
Development dated as of September I J. 2003. and amended by that certain Amended and
Restated Contract for Private Development dated as of (collectively, the
"Development Contracf'), pertaining to the development by the Developer of a residential
condominium building with underground parking (the "Project") on property located in
Stillwater, Minnesota, legally described on Exhibit A attached hereto and hereby made a part
hereof (the "Development Property"); and .
WHEREAS, the Lender has agreed to provide a $22,700,000.00 loan (the "Loan") to the
Developer for construction of the Minimum Improvements pursuant to the terms of that certain
Loan Agreement. by and between the Developer and the Lender; and
WHEREAS, the Loan is secured by, among other things, that certain Mortgage, Security
Agreement, Fixture Financing Statement and Assignment of Leases and Rents encumbering the
Llewellyn Property dZlted as of the date hereof (the "Mortgage"), executed by the Developer in
favor of the Lender Zlnd filed of record in the office of the Washington County Recorder on
as Document No. and in the office of the Washington
County Registrar of Titles on as Document No. ; and
WHEREAS, all capitalized terms not defined hefein shall have the same meaning as set forth in
the Development Contract; and
WHEREAS, the Lender has required, as an express condition to disbursement of the Loan, that
certain rights of the City under the Development Contract be subordinated to the Mortgage, and
that the City agfees to certain other matters, all as more fully contained herein.
NOW THEREFORE. in consideration of the foregoing recitals and fOf other good and valuable
consideration, the recei pt and sufficiency of which are hereby acknowledged, the parties hereto
hereby agfee as follows: .
- 1 -
.
1. Pursuant to Article 2.1.4 of the Development Contract the City acknowledges that
the rights of the City with respect to the receipt and application of any proceeds of
insurance or condemnation awards with respect to the Property shall, in all respects,
be subject and subordinate to the rights of the Lender under the Mortgage.
2. The Developer agrees to provide the Lender with copies of any notice of default
given under the Development Contract. The City agrees that the Lender shall have
the right. but not the obligation. to cure any such default within forty-five (45)
calendar days after receipt of such notice. failure of the Developer to give such
notice shall not impede the City' s exercise of any of its remedies under the
Development Contract.
3. The ('ity hereb:y agrees that all of its rights under the Development Contract shall be
subject and subordinate to the Mortgage in all respects. The term "Mortgage" shall
include the Mortgage and any and all amendments, supplements, modifications,
renewals. extensions or replacements thereto, thereof or therefore.
4. The Developer agrees that no change or amendment shall be made to the terms of the
Development Contract without the prior written consent of the Lender.
.
5. This Agreement can be waived, modified, amended, terminated or discharged only
eXplicitly in a writing signed by the Lender, the City, and the Developer. A waiver
by the Lender or City shall be effective only in a specific instance and for the
specific purpose given. Mere delay or failure to act shall not preclude the exercise or
enforcement of any of the Lender's or City's rights or remedies hereunder. All rights
and remedies of the Lender and City shall be cumulative and shall be exercised
singularly or concurrently. at the Lender's or City's option, and any exercise or
enforcenll'nt of anyone such right or remedy shall neither be a condition to nor bar
the exercise or enforcement of any other.
6. No provision of this Agreement shall be deemed or construed to alter, amend or
modify. in any way, the rights and obligations of the City contained in the
Development Contract.
7. Any notice, request, demand or other communication hereunder shall be deemed
duly given if delivered or postage prepaid, certified or registered, addressed to the
party as set forth below:
.
- 2 -
If to the City:
City of Stillw'ater
216 North 4\h Street
Stillwater. Minnesota 55082
Facsimile:
.
I r to the Developer:
I\!lark A. Saliterman
Diamond Hill Center
4301 Highway 7, Suite 100
St. Louis Park, MN 55416
F;1Csimile: (952) 920-8474
and
V/inthrop & Weinstine, P.A.
Suite 3500
~~5 South Sixth Street
fvlinneapolis. MN 55402
/\ttention: Daniel S. Schleck. Esq.
Facsimile: (612) 604-6800
If to the Lender:
.
LaSalle Bank National Association
Suite 1400
50 South Sixth Street
Minneapolis, MN 55402
Attn: John Richardson
8. This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota. This consent may be executed in several counterparts, each
of which when executed is an original, but all of which together shall constitute one
instrument. Separate signature pages may be signed by various parties and each
complete set of pages hereto, with signature pages signed by each party, shall
constitute one original of this Agreement.
.
- 3 -
.
.
.
IN WITNESS WHEREOF. the parties hereto have made and entered into this Agreement as of
the day and year first above written.
Signature Page to Dcyelopment Agreement Subordination
CITY OF STILL WATER, MINNESOTA
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
by , the
Minnesota, a home rule charter city, for and on behalf of said city.
day of , 2005,
of the City of Stillwater,
Notary Public
- 4 -
Signature Page to Development Agreement Subordination
THE LOFTS OF STILLWATER, INC.
By:
Mark A. Saliterman. President
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,2005,
by Mark A. Saliterman. the President of The Lofts of Stillwater, Inc., a Minnesota corporation,
for and on behalf of said corporation.
Notary Public
- 5 -
.
.
.
.
.
.
Signature Page to Development Agreement Subordination
LASALLE BANK NA TIONAL ASSOCIATION
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2005, by , the of
LaSalle Bank National Association, a national banking association, for and on behalf of said
Bank.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Winthrop & Weinstine, P.A. (DSS)
Suite 3500
225 South Sixth Street
Minneapolis, Minnesota
- 6 -
Exhibit K
Right of Way Legal Description
.
All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map
marked "Exhibit B" attached thereto. as the same is recorded in the office of the Registrar of Titles.
Washington County. Minnesota. described as follows:
Commencing at the inrersection of the easterly line of Main Street and the nOl1herly line of Laurel Street
as shown on the plat orthe Original Town. Now City of Stillwater, as amended by Myron Shepard's
Perfected Plat of the City of Sti Ilwater dated May 21. 1878: thence North 08 degrees 36 minutes 08
seconds East, assumed bearing. along said easterly line of Main Street 48.00 feet; thence South 81
degrees 23 minutes 52 seconds East] 8.00 feet: thence South 08 degrees 36 minutes 08 seconds West,
parallel with said easterly line of Main Street 351.] 7 feet to the northwest corner of a tract of land
described in Cel1ificale of Title Number 57894. as the same is recorded in the office of the Registrar of
Titles. Wash ington C punty. Minnesota. being the point of beginning of this description: thence continuing
South 08 degrees 36 minutes 08 seconds West. parallel with said easterly line of Main Street 86.88 feet
more or less. to the intersection with a line run parallel and distant 9.00 feet southeasterly (When
measured at right angles). from the center I ine of the spur tract located across said tract prior to December
1, ] 935; thence southwesterly a distance of 25 .00 feet along said parallel I ine on a non-tangential curve
concave to the nOI1I1\\est. having a radius of 529.00 feet, a central angle of2 degrees 42 minutes 29
seconds and the chord of said curve bears South 54 degrees 39 minutes 23 seconds West, to the
intersection with said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East,
not tangent to said curve. along said easterly line of Main Street 104.23 feet to a line which bears North
81 degrees 23 minutes 52 seconds West from the point of beginning; thence South 81 degrees 23 minutes .
52 seconds East 18.00 feet to the point of beginning.
.
- 1 -
.
Exhibit L
East Easement Legal Description
Easement A
That part of the Government Lot 2. Section 28, Township 20 North, Range 20 West,
Washington County. Minnesota described as follows: A parcel ofland being 10.00 feet
in width as measured at a right angle to the north line of said Certificate No. 57894,
bounded on the sOllth by the north line of property described in said Certificate of Title
No. 57894 and it's easterly extension. bounded on the west by property described in
Certificate ofTitJe No. 39855. and bounded on the east by property described in
Certificatc of Title No. 39212. as said titles are recorded in the office of the Registrar of
Titles of and f'or \\ashington County. Minnesota.
.
.
- 2 -
Easement M
North Easement Legal Description
.
Easement B
That part of the Government Lot 2. Section 28, Township 20 North, Range 20 West,
Washington County. Minnesota described as follows:
Commencing at the intersection of the easterly line of property described in Certificate of
Title No. 57894 and the northerly line of the south 7.00 feet of Registered Land Survey
No. 28, as said titles are recorded in the office of the Registrar of Titles of and for
Washington County. Minnesota; thence southerly, being along a non-tangential curve
concave to the northeast, having a radius of24l5.56 feet, a central angle of 01 degrees 14
minutes 57 seconds. a chord bearing South 09 degrees 09 minutes 23 seconds East
(bearing based on the northerly line of the south 7.00 feet of said Registered Land Survey
No. 28 bearing SOllth 81 degrees 23 minutes 52 seconds East), an arc distance of 10.50
feet; thence South 81 degrees 23 minutes 52 seconds East, not tangent, a distance of
15.63 feet; thence North 06 degrees 23 minutes 52 seconds West a distance of 334.84 feet
to the intersection \vith the north line of property described in said Certificate of Title No.
57894 extended easterly; thence North 8 I degrees 23 minutes 52 seconds West along said
northerly line extended. a distance of 13.90 feet to the easterly line of property described
in said Certificate of Title No. 57894: thence southerly along said easterly line to the
point of beginning
.
.
..,
- .:l -
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I hereby certify that this
under my direct supervis
"
.
.
.
Y~emo
DATE:
February 1,2005
TO:
Mayor and City Council
Chantell KnaussAV.ttl}J
Director of Administration
FROM:
RE:
Modifications to the City Hall heating, ventilation, and air conditioning unit
(HV AC)
During 1997, the remodel of City Hall was completed. Since that time, neither the heating or
cooling system on the City Hall HV AC has operated properly. In the first winter (I 997 -98), the
heating coil froze several times and was repaired. A second heating coil was also installed that
winter as a safeguardlbackup. In subsequent years, the heating system has gone down every
winter, especially when temperatures are at their coldest. Just before Christmas 2004, the
HV AC's heating coil froze again and had to be completely replaced at a cost of over $8,000. In
addition, every summer, the rooftop chiller unit that provides air conditioning to the City Hall
has gone down. Typically, the down time is when temperatures at their hottest or most humid
(and usually on a Council Meeting Tuesday).
It is Staffs conclusion that the system was not designed properly and as a result, has not
operated properly all these years. Staff has worked with the design firm to remedy the problems
with no success. The design firm refuses to admit the original design was flawed.
In order to prevent such problems in the future, Johnson Controls has proposed some design
changes to the HV AC. The first proposed design change is to install a plate and frame heat
exchanger to protect the heating coils in the air handler unit (AHU). The plate and frame will
prevent the coils from freezing in the event that the air dampers stay open and allow unlimited
outdoor air into the AHU, as did this past December. This redesign is proposed at a cost of
$2 I ,668.
The second design change is to install ductwork modifications to improve the mixing of fresh air
(outdoor air) with the building's return air. Currently, the AHU does not mix the two types of air
sufficiently to prevent freezing of the heating coils. This portion of the redesign is proposed at a
cost of $6,803. The total cost of the two redesign projects is $28,471. These items were not
included in either 2005 operating or capital outlay budgets.
Typically, the HV AC runs 24/7. However, when these design changes are implemented, the
HV AC will need to be shut down completely. Staff would like to implement the two redesign
proposals during the spring months, when heating and cooling aren't so vital.
Staff believe that these redesign projects are the first steps necessary in resolving the long-
standing HV AC problems.
Page] 0[2
",
RESOLUTION NO. 2005-
.
APPROVING CONTRACT WITH
JOHNSON CONTROLS, INC.
FOR TWO HV AC REDESIGN PROJECTS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the two
HV AC projects at City Hall: Install Plate and Frame Heat Exchanger and Ductwork
Modifications, in the amounts of $21 ,688 and $6,803, respectively, are hereby approved.
Adopted by the City Council this 1st day of February 2005.
Jay Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
.
.
.
.
JQ"-"\'SO\
CO\ -~~_S
Johnson Controls, Inc.
Controls Group
1801 67th Avenue North
Minneapolis, MN 55430
Tel: 763/566-7650
Fax: 763 /566-2208
PROPOSAL
TO: City of Stillwater, MN
ATTN: Chantell Knauss
PROJECT: Install plate and frame heat exchanger to permanently protect water coils in AHU
Proposal: We propose to provide necessary components to protect the water coils in your AHU. Due
to positioning of coils near outside air dampers, installation of glycol protection system is warranted
at this time to prevent further system damage" Included are the following:
· Provide and install new properly sized plate/frame heat exchanger on boiler room
wall, complete with temperature control package, new pump and all necessary
mounting and support hardware
· Provide and install new pipe, valves, fittings and components to tie new heat
exchanger into existing lower level hydronic distribution system
· Leak check system and provide glycol water mix to ensure freeze protection to -30
degrees Fahrenheit below zero
· Provide electrical power and control wiring as necessary
· Insulate new piping as required
· Start test and check system for proper operation
· Rigging, permits and engineering as required
· 1 year parts and workmanship warranty
Confidential
Page 1
01/28/2005
procurement - lighting - building systems - design - operations - project management -life safety - commissioning - services - security
.
CO\J-~~_S~SON
Reasons to Choose JCI:
· 120-year history as global leader of building products and services
· Capabilities to design, engineer, implement, and manage all retrofit projects
· Ability to integrate multiple systems from multiple suppliers into Metasys
· Proven track record for equipment reliability and support service
· Open Protocol architecture that is expandable and scaleable
· Stability and resources of a $23 billion Fortune 100 company
· Local support 24/7/365 that is familiar with your facility
.
All for the net sum of.............................................................................. .$21 ,668
This quotation is good for 30 days.
(IMPORTANT: This proposal incorporates by reference the terms and conditions on the following page.) This
proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to
credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin.
Johnson Controls, Inc.
Signature:
Signature:
Name: Jay 1. Kimble
Name: Peter J. Greene
Title: Mayor
Title: System Solutions Services
Date:
Date: 01/28/05
Attest:
Diane F. Ward, City Clerk
.
Confidential
Page 2
01/28/2005
procurement - lighting - building systems - design - operations - project management -life safety - commissioning - services - security
.
5
. 6
7.
8.
9
10.
II.
TERMS AND CONDITIONS
By accepting this proposal. Purchaser agrees to be bound by the following terms and conditions:
I.
SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering. patching and painting are excluded. "In-line" duct and piping
devices. including, but not limited to, valves. dampers, humidifiers. wells. taps. flow meters, orifices. etc.. if required hereunder to be furnished by Johnson, shall
be distributed and installed by others under Johnson's supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with required field
utilities (electricity. toilets. drinking water. project hoist. elevator service. etc.) without charge. Johnson agrees to keep the job site clean of debris arising OUt of
its own operations. Purchaser shall not back charge Johnson for any costs or expenses without Johnson's written consent.
Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JC!"s obligations under this agreement
expressly exclude any work or service of any nature associated or connected with the identification, abatement. clean up, control. removal, or disposal of
environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBs. discovered in or on the premises. Any language or provision of
the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by
JCI shall not operate to compel JCI to perform any work relating to Hazards without JC!"s express written consent.
2. INVOICING & PA YMENTS, Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off.sire storage facility and for all work
performed on-site and off-site. Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment equal to 10% of the contract
price, which advance payment shall be credited against the final payment (but not any progress payment) due hereunder and purchaser agrees to pay Johnson
additional amounts invoiced upon receipt of the invoice. Waivers of licn will be furnished upon request. as the work progresses, to the extent payments are
received. If Johnson's invoice is not paid within 30 days of its issuance. it is delinquent.
3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and
without the fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in
the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment. and (b) be reimbursed for the difference between
the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor.
4. WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a
period of one (l) year from delivery of said equipment, or if installed by Johnson. for a one (l) year from installation. JohnsQJ. warrants that for equipment
furnished and/o. imtalled but not manufactured by Johnson. Johnson will extend the same warranty terms and conditions "hien Juhnson receives from the
manufacturer ot said equIpment. For equipment installed by Johnson, if Purchaser provides written notice to Johnson for any such Jefe..:t wtthin thirty (30) days
after the appearance or discovery of such defect. Johnson shall at its option, repair or replace the oefective elJuipment. For tlJuipment nut installeJ by Juhnsun, if
Purchaser returPs the defective equipment to Johnson within thirty (30) days after appearance or discovery of such defect. Johnsor shall, at its. option, repair or
replace the defective equipment and return said equipment to Purchaser. All transportation charges incurred in connection with tte warranty for equipment not
installed by Johnson shall be borne by the Purchaser. These warranties do not extend to any equipment which has been repaired ~,y others, abused, altered, or
misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LlEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLlED, INCLUDING, BUT NOT LlMITED TO. THOSE OF MERCHANT ABlLlTY AND FITNESS FOR A SPECIFIC PURPOSE.
LIABILITY. Johnson shall not be liable for any special. indirect or consequential damages arising in any manner from the equipment or material furnished or
the work performed pursuant to this agreement.
TAXES. The price of this proposal does not include duties. sales, use, excise. or other similar taxes, unless required by federal. state or local law. Purchaser shall
pay, in addition to the stated price, all taxes not legally required to be paid by Johnson or, alternatively. shall provide Johnson with acceptable tax exemption
certificates. Johnson shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.
DELA YS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Johnson's
control. including. but not limited to, acts of God, fire, riots, labor disputes. conditions of the premises, acts or omissions of the Purchaser, Owner, or other
Contractors or delays caused by suppliers or subcontracts of Johnson, etc.
COMPLIANCE WITH LA WS. Johnson shall comply with all applicable federal, state and local laws and regulations ano shall obtain all temporary licenses and
perlllits required for the prosecutiun of the work. Licenses ano l'crmits of a permanent nature shall bc procureo and paid for by the Purchaser.
A TTORNEY'S FEES. Purchaser agrees that he will pay and reimburse Johnson for any and all reasonable attorneys' fees which are incurred by Johnson in the
collection of amounts due and payable hereunder.
INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and required. No credit will be given or premium
paid by Johnson for insurance afforded by others.
INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities. claims, expenses, losses or damages, including attorney's fees.
which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the
indemnifying Party.
12. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any
alleged violation of. the Occupational Safety and Health Act relating tin any way to the project or project site.
13. ENTIRE AGREEMENT. This proposal. upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or
understandings.
14, CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson in writing.
"
Confidential
Page 3
01/28/2005
procurement - lighting - building systems - design - operations - project management -life safety - commissioning - services - security
"~"I'."'_:,. w~~
',\~LBi'''''''''''k_,,,,,,,_,,m_, _~
J~-\SO\
CO\ -<~ SD
.
Johnson Controls, Inc.
Controls Group
1801 67th Avenue North
Minneapolis, MN 55430
Tel: 763/566-7650
Fax: 763/566-2208
PROPOSAL
TO: City of Stillwater,MN
ATTN: Chantell Knauss
PROJECT: Provide ductwork modifications to improve mixing of fresh air with building retwn air
Proposal: We propose to provide duct modifications to improve the poor design of the "mixing box".
to improve indoor air quality and further reduce the risk of freezing the water coils.
Included are the following:
· Disconnect, demolish and remove (1) section of return air duct
· Provide new duct section that enters top of "mixing box" and drops down into
opposite side of existing return air entry point
· Provide new damper and actuator as needed for proper control
· Install new perforated "baffle" below damper to further mix air upon entry
· Wiring of actuator as required
· Provide necessary programming of point into building automation system
· Check out of enhanced design
· 1 year parts and workmanship warranty
.
Confidential
Page 1
01/28/2005
procurement - lighting - building systems - design - operations - project management -life safety - commissioning - services - security
· J~HNSON
(0\ T~~_S@
,
Reasons to Choose JCI:
· 120-year history as global leader of building products and services
· Capabilities to design, engineer, implement, and manage all retrotlt projects
· Ability to integrate multiple systems from multiple suppliers into Metasys
· Proven track record for equipment reliability and support service
· Open Protocol architecture that is expandable and scaleable
· Stability and resources of a $23 billion Fortune 100 company
· Local support 24/7/365 that is familiar with your facility
.
All for the net sum. of.............................................................................. .$6,803
This quotation is good for 30 days.
(IMPORTANT: This proposal incorporates by reference the terms and conditions on the following page.) This
proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to
credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin.
Johnson Controls, Inc.
Signature:
Name: Jav L Kimnlp.
Title: Mavor
Date:
Attest:
. Diane F. Ward, City Clerk
Confidential Page 2
Signature:
Name: Peter J. Greene
Title: System Solutions Services
Date: 01/28/05
01/28/2005
procurement - lighting - building systems - design - operations - project management -life safety - commissioning - services - security
nRMS AND CONDmONS
~
By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:
L
SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering. patching and painting are excluded. "In-line" duct and PiPit'n
devices. includmg. but not limited to, valves, dampers. humidifiers. wells. taps. flow meters, orifices, etc., if required hereunder to be furnished by Johnson, s
be distributed and installed by others under Johnson's supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with required fi
utilities (electricity. toilets. drinking water. project hoist, elevator service, etc.) without charge. Johnson agrees to keep the job site clean of debris arising out of
its own operations. Purchaser shall not back charge Johnson for any costs or expenses without Johnson's written consent.
Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement. JCI's obligations under this agreement
expressly exclude any work or service of any nature associated or connected with the identification, abatement. clean up, control, removal. or disposal of
environment Hazards or dangerous substances. to include but not be limited to asbestos or PCBs. discovered in or on the premises. Any language or provision of
the agreement elsewhere contained which may authorize or empower the Purchaser to change. modify. or alter the scope of work or services to be performed by
JCI shall not operate to compel JClto perform any work relating to Hazards without JCI's express written consent.
2.
INVOICING & PA YMENTS. Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off-sire storage facility and for all work
performed on-site and off-site. Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment equal to 10% or the contract
price, which advance payment shall be credited against the final payment (but not any progress payment) due hereunder and purchaser agrees to pay Johnson
additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are
received. If Johnson's invoice is not paid within 30 days of its issuance. it is delinquent.
3
MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and
without the fault of Johnson. then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in
the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between
the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor.
4
WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a
period of one (1) year from delivery of said equipment. or if installed by Johnson. for a one (1) year f'.am installation. Johnson warrants that for equipment
furnished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty ttrms and conditions which Johnson receives from the
manufacturer of said equipment. For equipment installed by Johnson, if Purchaser provides written notice to Johnson for any such defect within thirty (30) days
after the appearance or discovery of such defect, Johnson shall at its option. repair or replace the defective equipment. For equipment not installed by Johnson, if
Purchaser returns the defective equipment to Johnson within thirty (30) days after appearance or discovery of such defee:. Johnson shall. at its, option, repair or
replace the defective equipment and return said equipment to Purchaser. All transp0l1ation charges incu.T~d in c"nnectlOn with the warranty for equipment not
installed by Johnson shall be borne by the Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered, or
misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR
IMPLIED. INCLUDING. BUT NOT LIMITED TO. THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIf-lC PURPOSE.
5.
LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or
the work performed pursuant to this agreement.
TAXES. The price of this proposal does not include duties. sales, use. excise. or other similar taxes, unless required by federal. state or local law. Purchaser st.
pay, in addition to the stated price. all taxes not legally required to be paid by Johnson or, alternatively. shall provide Johnson with acceptable tax exemption
certificates. Johnson shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.
6.
7.
DELA YS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Johnson's
controL including, but not limited to, acts of God. fire. riots, labor disputes. conditions of the premises. acts or omissions of the Purchaser. Owner, or other
Contractors or delays caused by suppliers or subcontracts of Johnson. etc.
8.
COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federaL state and local laws and regulations and shall obtain all temporary licen,es and
permits required for the prosecution oj ,he work. Licenses and permits of a permanentuature shall be procured and paid for by the Purchaser.
9.
ATTORNEY'S FEES. Purchaser agrees that he will pay and reimburse Johnson for any and all reasonable attorneys' fees which are incurred by Johnson in the
collection of amounts due and payable hereunder.
10.
INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and required. No credit will be given or premium
paid by Johnson for insurance afforded by others.
11.
'NDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney's fees,
which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the
indemnifying Party.
12.
OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any
alleged violation of, the Occupational Safety and Health Act relating tin any way to the project or project site.
13.
ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or
understandings.
14.
CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson in writing.
.
Confidential
Page 3
01/28/2005
procurement - lighting - building systems - design - operations - project management -life safety - commissioning - services - security
.
~emo
DA TE:
February 1, 2005
TO:
Mayor and City Council
FROM:
Sharon Harriso:Q ~':)
Finance Directo~~j\ V
Decertification ofTIF District #3
RE:
BACKGROUND
TIF District #3 is a housing district that was certified in June 1985. As of today (February 1,
2005) all of the obligations in the district have been paid in full.
. RECOMMENDATION
Staff recommends decertifying this district as all of the obligations have been paid in full.
ACTION REOUIRED
If Council concurs with staff s recommendation, Council needs to pass the attached resolution
decertifying Tax Increment District #3.
.
RESOLUTION NO. 2005-39
CITY OF STILL WATER
COUNTY OF WASHINGTON
STATE OF MINNESOTA
BEING A RESOLUTION APPROVING THE DECERTIFICATION
OF TAX INCREMENT FINANCING DISTRICT NO.3, WITHIN DEVELOPMENT
DISTRICT NO.1, OF THE CITY OF STILLWATER
WHEREAS, on December 12, 1985, the City of Stillwater (the "City") created its Tax
Increment Financing District 3 ("District No.3") within its Development District No. 1 (the
"Project"); and on June 20, 1989 and again on Mayl8, 1993, the City modified the Financing
Plan by enlarging the area of the District.
WHEREAS, as of the date hereof there are no bonds and obligations to which tax
increment from District No.3 have been pledged; and
.
WHEREAS, the City is the authority that requested certification of the original net tax
capacity of the District; and .
WHEREAS, the City desires by this Resolution to cause the decertification of District
No.3, pursuant to Minn. Stat. S 469.177, Subd. 12(15).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater
that the City's staff shall take such action as is necessary to cause the County Auditor of
Washington County to decertify the District No.3 as a tax increment district.
Dated: February 1,2005
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
-<
~
Diane Ward
From:
.ent:
0:
Subject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us]
Thursday, January 27. 2005 11 :09 AM
Pat Raddatz
Washington County Board Agenda - 2/1/05
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
,
Washington County Board Agenda
February 1, 2005 * 9:00 a.m.
1. 9: 00 - Roll Call
Pledge of Allegiance
2. 9:00 - Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or
function of Washington County Government, whether or not the issue is listed on this
agenda. Persons who wish to address the Board must fill out a comment card before the
meeting begins and give it to the County Board secretary or the County Administrator. The
County Board Chair will ask you to come to the podium, state your name and address, and
present your comments. You are encouraged to limit your presentation to no more than five
minutes. The Board Chair reserves the right to limit an individual's presentation if it
becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue
that is part of Washington County's responsibilities. The chair may also limit the number
of individual presentations to accommodate the scheduled agenda items.
.3. 9: 10 - Consent Calendar
4. 9:10 - Metropolitan Mosquito Control * Joe Sanzone, Director
Update on the 2004 Program and Overview of the 2005 Budget
5. 9:30 - Transportation and Physical Development * Don Theisen, County Engineer
Agreement with City of Lake Elmo for Environmental and Preliminary Design Services * TH 5
6. 9:40 - General Administration * Jim Schug, County Administrator
Legislative Update
7. 9:50 - Commissioner Reports * Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on
committee activities, make comments on matters of interest and information, or raise
questions to the staff. This action is not intended to result in substantive board action
during this time. Any action necessary because of discussion will be scheduled for a
future board meeting.
8. Board Correspondence
9. 10:05 * Adjourn
10. 10:15 to 11:00 - Board Workshop with Sheriff's Office
.UPdate on Funding Possibilities for the Regional 800 MHZ Radio System
11. 11:00 to 11:20 - Board Workshop with Assessment, Taxpayer Services and Elections
1
~
Proposed 2005-2008 Contract Extension with Affiliated Computer Services & Minnesota
Counties Computer Cooperative
,
************************************************************************
Meeting Notices
February 1 - Committee Applicant Interviews
8:30 & 11:30 a.m., Washington County Government Center
.
February 2 - Metro Transitway Development Board
8:30 a.m., 125 Charles Avenue * St. Paul
February 2 - Plat Commission
8:30 a.m., Washington County Government Center
February 2 - Metropolitan 911 Board Executive Committee
10:30 a.m., 2099 University Avenue W. * St. Paul
February 3 - Metro Energy Task Force
1:00 p.m., 2099 University Avenue W. * St. Paul
************************************************************************
Washington County Board of Commissioners
Consent Calendar * February 1, 2005
Consent Calendar items are generally defined as items of routine business, not requiring
discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar
item(s} for discussion and/or separate action.
The following items are presented for Board approval/adoption:
Administration
A. Approval of the January 11 and 18, 2005 Board Meeting minutes.
.
B. Approval to appoint Jocylne Thompson, Forest Lake, to the Housing and Redevelopment
Authority Board as the public housing representative, to a first term expiring December
31, 2007.
Information Technology
C. Approval to reject all bids submitted for the Telecommunications Systems
Replacement/Upgrade project and to re-advertise to acquire more than one bid proposal that
meets all minimum requirements of the specifications.
D. Approval of settlement of compensation and damages for Parcels 13 and 14 of Washington
County Highway Right of Way Plat No. 134 as it pertains to the re-alignment of County
State Aid Highway 13.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
.
2
,"
.
January 27, 2005
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
PRESENT: Chairperson Jim Hiniker, Supervisors Sheila-Marie Untiedt,
Linda Countryman, Jim Doriott and David Johnson. Also,
Planner Dick Thompson and Attorney Soren Mattick.
1. AGENDA - M/S/P Untiedt/Johnson moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/Doriott moved to approve the 1/13/05 Stillwater town
board meeting minutes as written. (5 ayes)
3. ATTORNEY-
a. No response received regarding a recent communication sent to Loes.
Jim Hiniker will try to make contact with them personally. Next agenda.
4.
.
PLANNER -
a. A new subdivision Stonebridge/Otchipwe area is in the offing. How to
subdivide is the question.
b. Next meeting the Busse minor subdivision will be on the next agenda.
5. BOOMSITE PARK - David Johnson has volunteered to meet with MnDOT
representatives to talk about the future of the Boomsite Park in Stillwater Township.
Monday February 7 at 8 a.m. is a good time for him. The clerk will arrange a meeting.
6. EMERGENCY MANAGEMENT - Steve Nelson has been volunteered as the emergency
manager for the township. Second contact will be the township clerk. The town hall
will be the emergency operations center where the town board members will meet to
discuss any emergency with the emergency manager and clerk.
7. SOUND SYSTEM - M/S/P Johnson/Untiedt moved to approve the revised bid of
Johnny's TV for $2,347.00 for a modified sound system providing there is basic wiring
for at least two additional microphones at the podium if needed at a later date.
(5 ayes)
8. PROFESSIONAL SALARIES -
a. M/S/P Countryman/Untiedt moved to adopt the revised fee schedule
dated 1/1/05 for the attorney. (Campbell Knutson Scott Fuchs). (5 ayes)
.
'.
Stillwater Town Board Meeting - 1/27/05
Page Two
b. M/S/P Untiedt/Countryman moved to adopt the revised fee schedule .
dated 1/1/05 for the planner. (TKDA). (5 ayes)
9. LORI BULLER PARK RESERVATIONS SUMMER 2005 - allowed by the board members
this evening.
a. Softball Tuesdays June 7, 14, 21, 28 and July 12.
b. Soccer Tuesdays July 19, 26 and August 2, 9, 16 and 23.
10. ADJOURNMENT - Meeting adjourned at 8:40 p.m.
Clerk
Chairperson
Approved
.
.
.
.
.
11
MINNESOTA HISTORICAL SOCIETY
January 19, 2005
Territorial Springs LLC
6 West 5th Street
Suite 700
St. Paul, Minnesota 55102
Robert Engstrom Companies
4801 West 8151 Street
Suite 101
Minneapolis, Minnesota 55437
Terra Three LLC
5605 West 36th Street
Suite 202
Minneapolis, Minnesota 55416
The Honorable Jay Kimble
Stillwater City Hall
216 N. Fourth Street
Stillwater, Minnesota 55082
Dear Territorial Springs LLC, Robert Engstrom Companies, Terra Three LLC, and Mayor Kimble:
RE: Territorial/State Prison, North Main Street, Stillwater, Washington County
On August 11, 2004, we notified you that the Territorial/State Prison was proposed for removal from
the National Register of Historic Places. This letter is written to inform you that the property was
removed from listing by the Keeper of the Register at the National Park Service on January 7,2005.
If you have any questions regarding this process, please feel free to contact Susan Roth, National
Register Historian, at 651/215-0118, susan.roth@mnhs.org or 345 Kellogg Blvd. W., St. Paul, MN
55102.
Sincerely,
!, \
I , .
~')fU:~ t ~Ilt)/\\/~
Britta L. Bloomberg
Deputy State Historic Preservation Officer
cc: Mr. Larry Hansen, City Administrator/Finance Director, Stillwater City Hall, 216 N. Fourth St.,
Stillwater, MN 55082
Mr. Steve Russell, Community Development Director, Stillwater City Hall, 216 N. Fourth St.,
Stillwater, MN 55082
Washington County Board of Commissioners, Washington County Government Center,
14949 62nd St., N., PO Box 6, Stillwater, MN 55082-0006
:\ L"i Kellogg Bou]t'\anl Ill',,! / Saint Paul. Minnesota 55102-] 906 /Telephone 6.51-296-6126
01/EJ8/2005 17:57 55143'34705 f'-AGE. U." L; 1
Stillwater Township
Calendar .
Chair Hiniker
January 27 Town Board Meeting 7:00 PM
Chair Hlnlker
February 3 Planning Commission 7:00 PM
February 8 Budget and Reorganizational Meeting 7:00 PM
February 10 Town Board Meeting 7:00 PM
February 14 Park Committee 7:00 PM
February 21 Dinner Meeting Dock Restaurant 6:00 PM
February 24 Town Board Meeting 7:00 PM
Chair Johnson
March 3 Planning Commission 7:00 PM
March 8 Annual Meeting 7:00 PM
March 10 Town Board Meeting 7:00 PM
March 14 Park Committee 7:00 PM
March 24 Town Board Meeting 7:00 PM
Chair Johnson .
April 7 Planning Commission 7:00'PM'
April 11 Park Committee 7:00 PM
April 14 Board of Review 5:00 - 6:00 PM
April 14 Town Board Meeting 7:00 PM
April 28 Town Board Meeting 7:00 PM
Town Board Supervisors may attend any or aJl of the above meetings.
All meetings are held In the town hall unless otherwise specified.
Pat Bantli
Clerk, Stillwater Township
January 16, 2005
.
.
January 13, 2005
STILLWATER TOWN BOARD MEETING
Town Hall
6:30 P.M.
PRESENT: Chairperson Jim Hiniker, Supervisors Sheila-Marie Untiedt,
David Johnson, Jim Doriott and Linda Countryman. Also,
Treasurer Gloria Sell, Planner Dick Thompson, Attorney
Soren Mattick and Police Chief Steve Nelson.
1. AGENDA - M/S/P Untiedt/Johnson moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/Johnson moved to approve the 12/9/04 Stillwater town
board meeting minutes as written. (5 ayes)
Tom Syverson of JOhnnys T.V. was present to demonstrate a sound system for potential
use in the town hall. $4,505.00
3.
.
TREASURER -
a. Financial report was given.
b. Escrow accounts will be monitored more closely.
c. On February 8 at 7:00 p.m. a budget meeting and an organizational meeting
wil be held.
d. Claims were reviewed and checks #17070 through #17107 were approved
for payment.
4. AIIIORNEY-
a. Presented oath forms to the newly elected supervisors which were signed before
the meeting began.
b. It was asked that the attorney get in touch with the Loe's again for specifics as
to when required changes are to be made.
5. PLANNER-
a. Mr. John Fallon (14814 102nd Street Circle North in Stillwater Township) was
present to discuss an outbuilding he would like to put on his property. The
design he would like doesn't fit the zoning ordinance as written.
M/S/P Johnson/Untiedt moved to refer this issue to the planning commission
for a review of the zoning ordinance specifically removing the one story limit
and a consideration of livable space in accessory buildings. (5 ayes)
. b. The planner spoke about the issue of conservancy designations in the township.
The planning commission members will be asked to consider a recommendation
to eliminate the conservancy designation.
Stillwater Town Board Meeting - 1/13/05 Page Two
6. DASCOM SYSTEMS GROUP BID SOUND SYSTEM - Bill Gorham was present to talk.
about a sound system for the town hall. $4,117.00
7. CHIEF OF POLICE -
a. Steve Nelson will report to the board on the second Thursday of the month
henceforth.
b. Steve gave the attorney Woodbury's ATV Ordinance for consideration.
8. VAA FINANCIAL REOUEST - A stipend of $5,000.00 has again been requested and
will be dealt with at the annual meeting. The new VAA director will be advised.
9. SOUND SYSTEM - M/S/P Johnson/Untiedt moved to ask Tom Syverson to present
a revised sound system bid. (Six speakers are to be eliminated from the original bid.)
10. VAA SCHEDULING - This group would like to handle reservations for the ball fields
for five days of the week. Before this happens a check will be made to find out if Lora
Buller intends to reserve one of the days.
11. LIBRARY DONATION - It was suggested that the idea of a township donation toward
the Stillwater Library renovation be brought up at the annual meeting.
12. APPOINTMENTS -
a. Sheila-Marie Untiedt has offered to take Duane Laabs place as liaison to the
Manning Avenue Reconstruction Project.
b. Jim Hiniker will attend the local board of appeals and equalization training on
February 4, 2005.
.
13. ADJOURNMENT - Meeting adjourned at 9:30 p.m.
Clerk
Chairperson
Approved
.
.
.
.
JAN-21-2005 11:00
WASH CTY ADMIN
551 430 5017
P.001/002
Summary of Proceedings
Washington County Board of Commissioners
January 4,2005
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary.
Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board
Chair Peterson presided.
Board Chair and Vice Chair for 2005
\
Commissioner Peterson was elected Board Chair and Commissioner Pullaabek was elected Vice
Chair for 2005.
Commissioner ReDorts - Comments - Questions
The Commissioners were appointed to the following committees as follows:
Plarming Advisory Commission and Plat Commission, Commissiof,ler Kriesel;
MetTopolitan .Mosquito Control Commission, Commissioners Hegberg and Peterson;
Metropolitan 911 Board, Commissioners Stafford and Peterson;
Metropolitan,911 Board Executive Committee, Commissioner Peterson;
Metro Tran~itways Development Board, Commissioners Peterson and Commissioner
Hegberg as alternate;
Metro Energy Task Force, Commissioner Stafford and Commissioner Kriesel as attending
alternate; .
Sympathy card to be sent to Senator Dean JOMson whose father passed away recently;
Commissioncr Peterson reported on the celebration for the State Capitol's 100th Birthday
held on January 2;
Commissioners Stafford and Hegberg to attend the MICA Annual meeting on January 20 in
Duluth.
Community Services
Approval of the following actions:
Community Development Block Grant agreement with the City of Lake Elmo gas service
lines replacement project;
2005-2007 Family Means contract for caregiver training and education and family
counseling/training waiver services.
I
General Administration
Approval of the following actions:
Oath of Office administered to Commissioner Dennis C Hegberg and Commissioner Gary
Kriesel;
2005 Board meetings set for the first four Tuesdays of each month (excluding any Tuesday
which is a legal holiday) at 9:00 a.m. The Chair can call an evening meeting when
necessary;
December 6 Board meeting canceled because of the Association of Minnesota Counties
Conference; .
Resolution No. 2005-001, award of2005 newspaper publication bids;
LOCATION:651 430 6017
RX TIME 01/21 '05 11:19
JAN-21-200~ 11:00
WASH CTY ADMIN
081 430 5017
?002/002
2005 citizen reappointments to advisory committees as follows:
District 1 - Alice Smith, Historic Courthouse Advisory Council; Christopher Ness, Parks and .
Open Space Commission; Mary Hauser, Public Health Emergency Preparedness Advisory
Committee;
District 2 - Gloria Knoblauch, Historic Courthouse Advisory Council; Charles Burfeind,
Parks and Open Space Commission; Joseph Rheinberger, Public Health Emergency
Preparedness Advisory;
District 3 - John Rheinberger, Community Services Advisory Committee; John DeCurtins,
Historic Courthouse Advisory Council; Theodore Thompson, Housing and Redevelopment
Authority Board; Richard Ulrich, Planning Advisory Commission; Brian C. Krafthefer,
Public Health Emergency Preparedness Advisory;
District 4 - Alice Robinson, Historic Courthouse Advisory Council;
. District 5 - Peter Aurich, Community Services Advisory Committee; Sara Minehart, Historic
Courthouse Advisory Council; Bruce Stafford, Public Health Emergency Preparedness
Advisory;
At Lar~ - Arthur Potts, Board of Adjustment & Appeals; Richard Adams, Board of
Adjustment & Appeals; Darcy Miner, Community Development Block Grant Citizens
Advisory; Joyce Welander, Minnesota Extension; Lisa West, Minnesota Extension; Vincent
Anderson, Personnel Board of Appeals; Dr. Charles Bransford, Public Health Emergency
Preparedness Advisory; Dr.' John Kvasnicka, Public Health Emergency Preparedness
Advisory; Julie Schmidt, Public Health Emergency Preparedness Advisory; Jeff Anderson,
Public Health Emergency Preparedness Advisory; R.J. Fascone, MD, Public Health
Emergency Preparedness Advisory; Jim Frank, Public Health Emergency Preparedness
Advisory; Jail George, Pub lie Health Emergency Preparedness Advisory; Craig Morris,
Public Health Emergency Preparedness Advisory; Dennis Seefeldt, Public Health Emergency .
PrcparcdncssAdvisory; Loren Carver, PUblic Health Emergency Preparedness Advisory;
Confinnation of tne following committee a:ooointments: Mark Kuppe, Social Services
Representative, Community Corrections Advisory Board; Ren Clinton, Probation Officer,
Community Corrections Advisory Board; Doug Johnson, County Attorney, Community
Corrections Advisory Board; Deanna Storbakkcn, AMI Representative, Mental Health
Advisory Council; Kevin Flood, Consumer Representative, Mental Health Advisory Council;
Memorial Day appropriation of $100 each upon request for Washington County Posts and
Barracks;
Appoint JerrY Turnquist to the Ramsey Action Programs Board of Directors to a first term
expiring December 31,2007;
Operations grant to the Washington County Agricultural Society for 2005;
2005 Washington County Legislative Agenda;
Board to meet with County Legislative Delegation on January 11, 2005 at 5:30 p.m. at the
Wildwood Lodge in Lake Elmo; .
Board correspondence was received and placed on file.
Transportation and Phvsical Development
Approval to set'a public hearing for January 25, 2005 at 9:00 a.m. for a Comprehensive Plan
Amendment and rezoning of213 acres ofproperty located in Baytovro Township.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County .
Government Center, 14949 62nd Street N., Stillwater, Minnesota.
LOCAT lDr.J: 651 430 6017
RX TIME 01/21 '05 11:19
TOTAL P.002
Diane Ward
patRaddat~~
Thursday, J .' .
Pat Raddatz - ~.
Washington cq~f1~lr;rl~{\Il~redijlF" ",/i4AQQ~ 0 T A ~
From:
A.C:;ent:
WTo:
Subject:
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County Board Agenda
January 25, 2005 * 9:00 a.m.
1. 9;00 - Roll Call
Pledge of Allegiance
2. 9:00 - Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or
function of Washington County Government, whether or not the issue is listed on this
agenda. Persons who wish to address the Board must fill out a comment card before the
meeting begins and give it to the County Board secretary or the County Administrator. The
County Board Chair will ask you to come to the podium, state your name and address, and
present your comments. You are encouraged to limit your presentation to no more than five
minutes. The Board Chair reserves the right to limit an individual's presentation if it
becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue
that is part of Washington County's responsibilities. The chair may also limit the number
.Of individual presentations to accommodate the scheduled agenda items.
3. 9:10 - Consent Calendar
4. 9:10 - Public Hearing * Transportation and Physical Development * Ann Pung-Terwedo,
Sr. Planner
Consider a Comprehensive Plan Amendment and Rezoning of 213 Acres in Bay town Township
5. 9:50 - Transportation and Physical Development * Don Theisen, County Engineer
A. Transfer of County Road 58 to May Township
B. Presentation of Two Awards
C. Resolutions Seeking Federal Authorization of Highway and Transitway Projects
6. 10:15 - General Administration * Jim Schug, County Administrator
A. National EMS Resolution
B. Legislative Update
7. 10:30 - Commissioner Reports * Comments * Questions
This period of time shall be used by the Commissioners to report to the full Board on
committee activities, make comments on matters of interest and information, or raise
questions to the staff. This action is not intended to result in substantive board action
during this time. Any action necessary because of discussion will be scheduled for a
411future board meeting.
8. Board Correspondence
9. 10:45 - Executive (Closed) Session with Transportation and Physical Development
CITY HALL: 216 NORTH FOURTH STILLWATERt MINNESOTA 55082 PHONE: 651-430-8800
Attorney-Client Discussion on Proposed Settlement of Compensation and Damages for
Parcels 13 and 14 of Right of Way Plat No. 134 Related to CSAH 13
10. 11:00 - Adjourn
11. 11:00 to 11:45 - Board Workshop with Transportation and Physical Development
.
Update on the St. Croix Valley Trail Planning Effort
************************************************************************
Meeting Notices
January 25 - Interview with Committee Applicants
8:30 a.m. &11:30 a.m., Washington County Government Center
January 24 - Library Board
6:30 p.m., 8595 Central Park * Woodbury
January 26 - Mosquito Control Executive Commission
9:00 a.m., 2099 University Avenue West * St. Paul
January 27 - Resource Recovery Project Board
8:30 a.m., 1670 Beam Avenue * Maplewood
January 27 - Red Rock Corridor
3:30 p.m., 7516 80th Street South * Cottage Grove
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Washington County Board of Commissioners
Consent Calendar * January 25, 2005
Consent Calendar items are generally defined as items of
discussion, and approved in one vote. Commissioners may
item(s) for discussion and/or separate action.
routine business, not requiring
elect to pull a Consent Calendar
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The following items are presented for Board approval/adoption:
Administration
A. Approval of conservation easement on the City of Oakdale Property purchased through the
Washington County Purchase of Development Rights Local Matching Grant Program and
authorize the County Board Chair and the County Administrator to execute all necessary
documents.
B. Approval of a .2 full time equivalent increase in the Public Information Coordination
II/Webmaster position in the Office of Administration.
Assessment, Taxpayer Services and Elections
C. Approval of a one to four day temporary 3.2 malt liquor license from the New Scandia
Firemen for their annual Fireman's BaIlon February 26, 2005 to be held at the New Scandia
Community Center.
Community Services
D. Approval of the 2005-2007 adult foster care contract with REM Minnesota Community
Services, Inc.
E. Approval of the 2005-2007 contract with Hope House of St. Croix Valley for corporate
adult foster care services.
F. Approval of Twin Cities Habitat for Humanity application to become a Community HOUSing.
Development Organization.
G. Approval of the contract for 2005 with Rule 36 Limited Partnership of Duluth III for
residential care and program services at Hamilton House in Lake Elmo.
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H. Approval of an amendment to the agreement with Ramsey County Housing and Redevelopment
Authority in order to provide consultation and support for the Community Development Block
Grant and HOME Investment Partnership programs.
.. Approval of the amended bylaws for the Citizen Advisory Committee for the Community
evelopment Block Grant program.
Transportation and Physical Development
J. Approval and execution of Amendment No.4 to office space leases for Title Companies
utilizing space within the Government Center: First American Title Company/Universal
Title Company; Old Republic National Title Insurance Company; and Edina Realty Title
Company.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
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