HomeMy WebLinkAbout2009-03-17 CC Packet
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 North Fourth Street
MARCH 17, 2009
APPROVAL OF MINUTES - Possible approval of March 3, 20
Monday).
1 PE~ONS, INDIVIDUALS, DELEGATIONS & COMM
1-7';.' 'Bruce Werre - McKusick Lake Testing
SPECIAL MEETING
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Budget Workshop
a. Library
b. Revenue & Expenditures
c. 5% cuts - Work in progress
4:30 P.M.
REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
'ng to a ess Council on subjects which are not a part of
ply a the time of the statement or may give direction to
Out of respect for others in attendance. please
STAFF REPORTS
1. Police Chief
2. Fire Chief
5. City Engineer/PWD
6. City Attorney
7. Finance Director
8. City Administrator
lease limit our comments to 10 minutes
and time for the public hearing and ordering the improvement for the 2009 Street
t Project. Notices were mailed to affected property owners and published in the Stillwater
n February 27 and March 6, 2009. (Resolution - Roll Call)
2. C o. 09-03. This is the date and time for a public hearing to consider a request from BWBR
Arc Itects, Shannon Brambery, for a special use permit request for the remodel and expansion of the
mechanical room located at 927 West Churchill Street (Lakeview Hospital) in the RB, Two Family
Residential District and any variances related thereto. Notices were mailed to affected property owners
and published in the Stillwater Gazette on February 20,2009. (tabled from March 3,2009)
UNFINISHED BUSINESS
1. Possible second reading of Ordinance No. 1006, an ordinance amending Section 38-3, Noise Control
and Regulations of the Stillwater City Code. ~ Reading-Roll Call)
2. 4-plex regulation ~OV
3. Information on Traffic Safety Committee
4. Possible funding for Lowell Park Reproduction Plague
NEW BUSINESS
1. Possible approval of special event - Annual Half Marathon Gopher to Badger 5K run
2. Possible accepting of bids and awarding contract for Ice Resurfacer for St. Croi
Center (Resolution- Roll Call)
3. Possible approval of revisions (additions) to our State Aid street system (
4. Request from Stillwater Area High School Girls Soccer Coach for fundrai
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (co
COMMUNICATIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are consider
enacted by one motion. There will be no e discu
citizen so requests, in which event, th rem
separately.
b routine by the City Council and will be
n on these items unless a Council Member or
ed from the consent agenda and considered
2
POSSIBLE BUDGET REDUCTIONS
Department Amount Repercussions
1. City Attorney/Prosecution $13,460.00 Less 1 day sycretarial
No Arraignment Court
2. Engineering $17,296.00 Misc.lTransfer 20% secretary to
Sanitary
3. Streets $51,296.00 PT salary reduction
Crosswalk contract reduced
Equipment repair, misc.
4. Parks $36,050.00 No fertilizer contractor, No graffiti
removal contract,
No beach spraying
5. Sanitary Sewer $31,994.00 Reduce PT salary, Engineering
transfer, lift station & sewer line
repaIrs, mIsc.
6. Signs & Lighting $23,000.00 Miscellaneous cuts
7. Storm Sewer $ 9,650.00 City Engineering Services, Misc.
8. Surface Water Management $ 9,875.00 Reduced Pond Maintenance, Misc.
9. Library $45,030.00 Reductions in personnel would
mean closing on Fridays or
Tuesday & Thursday mornings
Total $237,861.00
POSSIBLE ADDITIONS NOT IN TOTAL
Department Amount Repercussions
Unfilled Police Position 87,100 x 83%=$72,300
Possible Unfilled Police Position 88,358 x 50%=$44,179
Unfilled Fire Dept. Position 90,244 x 91.6%=$82,724
Unfilled Finance Position (112) $30,000
Council
Hospital Medical 46,488 x 12= $23,244
Contract Lobbyist $33,500
Unallocated
Community Volunteer Services $15,275 eliminate
Youth Service Bureau $33,800 eliminate
Total Additions
$335,022
Grand Total
$572,883
CITY OF STILLWATER
CITY COUNCIL MEETING
March 3, 2009
REGULAR MEETING
4:30 P.M.
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Tumblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
OTHER BUSINESS
CVB Update
Steve Roll, president of the Stillwater and Oak Park Heights Convention and Visitors
Bureau, provided an update on the CVB since its inception January 1, 2008. He noted
the first six months were set laying the foundation of the organization, such as writing
bylaws and formulating a mission statement. He highlighted some of the marketing
activities to date and some plans for the coming year.
Discussion of Special Events Task Force
Mayor Harycki reviewed the impetus for looking into the possibility of forming a special
events task force and Clerk Ward's memo regarding information she had received about
what other cities do regarding this issue and comments from the Mayor and Council.
Mayor Harycki noted that it is primarily residents of Ward 1 and Ward 2 who are
impacted by events in the downtown area and suggested perhaps a good starting point
would be to see if the Ward 1 and 2 Councilmembers would be interested in leading the
effort to form a task force; Councilmembers Cook and Gag volunteered to do so. Mayor
Harycki suggested that it would be good to involve the Chamber and CVB and one staff
member; Community Development Director Tumblad said he would assist in the
process. Councilmember Polehna suggested the task force look at the downtown
beautification fee, suggesting beautification efforts are needed citywide.
City Council Meeting
March 3, 2009
STAFF REPORTS
Fire Chief Glaser noted that several significant awards were to be presented at the
evening meeting, and there likely would be a full house for the award presentations. It
was suggested the awards to moved to the start of the evening meeting agenda. Mayor
Harycki noted he would not be in attendance at the evening session and asked that his
commendations be passed along to those receiving the award.
Community Development Director Tumblad provided a brief update on the parking ramp
project, noting utility work will begin soon. City Administrator Hansen said he has been
very pleased with the progress on the ramp and Mr. Tumblad's communication efforts,
as well as the people working on the project. Mayor Harycki asked about parking in the
project area; Mr. Tumblad said it appears people are now getting used to the situation.
Police Chief Gannaway said few tickets have been issued and agreed that it seems
folks are adjusting to the situation. Councilmember Cook asked if the City has some
protection against project cost overruns; City Administrator Hansen said the City was
not able to get insurance against that likelihood and explained the measures that had
been taken to protect the City's interests.
Mr. Tumblad told the Council the Heritage Preservation Commission has begun the task
of looking at the City's demolition ordinance and related issues and the HPC will make a
recommendation to the Council for Council discussion before actually beginning work
on any ordinance changes.
Public Works Director Sanders referred to a letter from the Minnesota Department of
Transportation (MnDOT) in response to the City's request for speed study throughout
the City; the letter expressed a concern about the number of streets included in the
request and suggested that the City have a meeting with MnDOT to define the area and
possibly reduce the number of streets. It was agreed to bring this issue back to the
Council and attempt to pare down the list. Mr. Sanders noted that MnDOT prefers to
study only arterial and collector streets but likely would consider 1 or 2 local streets.
City Administrator Hansen talked of the State's recently received budget report. He
stated the League of Minnesota Cities has termed the report "pretty good" news, with
the deficit less than anticipated due to the stimulus money. However the League noted
the stimulus money is one-time money that won't help for the next biennium. Mr.
Hansen stated from the League's perspective, it doesn't appea~ the Governor will need
to make additional cuts to LGA or Market Value Homestead Credit for the 2010-11
biennium. Mr. Hansen said more will be known when the Governor responds in mid-
March. Mayor Harycki asked for a report from the County Appraiser on what projected
housing valuations look like; Mr. Hansen said he would contact the appropriate County
person. '
Page 2 of 10
City Council Meeting
March 3, 2009
ADJORN TO EXECUTIVE SESSION
Prior to adjournment to executive session, City Attorney Magnuson read a statement
indicating the first portion of the session is required to be closed by Minnesota statute
when a discussion of internal affairs, investigative data is being discussed b y the City
Council.
RECESSED MEETING
7:00 P.M.
Vice Mayor Polehna called the meeting to order at 7 p.m.
Present:
Absent:
Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Mayor Harycki
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Tumblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
PLEDGE OF ALLEGIANCE
Fire Chief Glaser led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Cook, seconded by Councilmember Roush to approve the regular
meeting minutes of February 17, 2009. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
800 MHz Update - Washinqton County
Dean Tilley, one of the managers of Washington County's 800 MHz system, was
present to provide the Council with an update on the system; he noted that all users are
expected to be on-line by the end of March. He spoke of the benefits of the system.
Councilmember Roush asked about fees and the reason for a fee to the cities and
townships beyond the equipment those entities require. Mr. Tilley explained there will be
continuing maintenance costs as well as infrastructure costs. Councilmember Gag
asked about local costs per radio versus other counties; Mr. Tilley stated each county
operates their system a bit differently. Councilmember Cook asked about the possibility
of negotiating fees for underused or unused radios; Mr. Tilley said he saw no reason
why each agency would need to have a number of radios sitting on the shelf as backup,
Page 3 of 10
City Council Meeting
March 3, 2009
noting that the County will have equipment that will be available on short notice for
special needs. Mr. Tilley also noted that the Minnesota Emergency Services Board
(MESB), the state organization that runs the radio system, requires that part of the user
fees goes to the MESB to support the infrastructure. Chief Gannaway stated all of his
department's radios would be used on a regular basis, though some more frequently
than others. Mr. Tilley noted that City Administrator Hansen has volunteered to serve on
an advisory committee that will look into issues once the system is fully operational. City
Administrator Hansen said he was satisfied with the information regarding the
availability of cache radios and would not recommend withholding payment until this
issue is resolved as was suggested at the last Council meeting.
Motion by Councilmember Gag, seconded by Councilmember Cook to move forward with the
agreement for the 800 MHz system.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
Proclamation: WashinQton County Historical Day
Vice Mayor Polehna read the proclamation designating March 26, 2009, as Washington
County Historical Society Day in the City of Stillwater in honor of the Society's 75th
anniversary year.
Meritorious Conduct Award-Gold Tim Bell. Jonas Werpy and Unit Citation for Chris Zeuli. Jon
Bell. Rob Peltier. and Steve Zoller
Meritorious Conduct Award-Silver Ken Olson. Steve Zoller and Unit Citation for Jonas Werpy
State Fire Marshal Jerry Rosendahl spoke of the efforts of firefighters in reducing fire
deaths and thanked the awardees for their service and courage. Fire Chief Glaser
presented a Unit Citation to Jonas Werpy and Meritorious Conduct Silver Award to
Firefighters Ken Olson and Steve Zoller for their actions on Dec. 18, 2008, that saved
the life of a resident who was inside a home that caught fire on Edgewood Avenue.
Fire Chief Glaser presented a Meritorious Conduct Gold Award to Tim Bell and Jonas
Werpy and Unit Citation to Chris Zeuli, Jon Bell, Rob Peltier and Steve Zoller for their
actions in rescuing persons from a vehicle submerged in the St. Croix River on April 13,
2008; he also acknowledged the efforts of other people who responded to the situation
and those who initially reported the situation. Chief Glaser expressed his
congratulations and thanks to the firefighters and their families in attendance.
OPEN FORUM
Rebecca Gow, 15689 Norell Ave. N., Marine, Vicky Gow, 1370 Curve Crest Blvd., #205,
Stillwater, and Cheryl Jensen, 1370 Curve Crest Blvd., presented a request for a three-
way stop sign and crosswalk at Northwestern Avenue and Curve Crest Boulevard,
Page 4 of 10
City Council Meeting
March 3, 2009
along with a request to consider a walking lane down the side of Northwestern Avenue.
Ms. Rebecca Gow presented a petition with over 500 signatures from local residents
and businesses concerned with the safety of fellow residents. Ms. Rebecca Gow spoke
on an incident that occurred in April 2007 when Ms. Jensen, who was in a wheelchair,
was struck by a car while crossing Curve Crest on her way to an appointment at a
location on Northwestern Avenue. Ms. Gow noted that many local residents depend on
services offered at locations on Curve Crest Boulevard and walking, biking or
wheelchairs are the only means of transportation available to many of those residents.
Vicky Gow spoke of a concern for the many children in the area and noted this is no
longer an industrial area, but a residential area, as well as a concern for the safety of
the residents whose only means of transportation is wheelchair; she also pointed out
that the local Food Shelf is located on Curve Crest and ought to be accessible to those
who can't afford a car. Ms. Jensen spoke of her experience when she was struck by a
car. Vice Mayor Polehna suggested having Public Works Director Sanders meet with
these residents and come back with some recommendations~
CONSENT AGENDA*
Motion by Councilmember Gag, seconded by Councilmember Roush to approve the Consent
Agenda.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
1. Resolution 2009-42, directing payment of bills
2. Resolution 2009-43, approving Washington County On-Line Software Access
Ag reement
3. Resolution 2009-44, amending the Personnel Policy of the City (FMLA)
4. Resolution 2009-45, abatement of special assessment
5. Resolution 2009-46, approval of license to use real property (Lily Lake Park for
Hazardous Waste Day)
PUBLIC HEARINGS
Case No. OS-51.This is the date and time for a public hearino to consider a reQuest from City
of Stillwater for a variance to the river and bluff setback for Berostein and Shoddy Mill located
at 805 South Main Street in the lB. Heavy Industrial District and any variances related thereto.
Notices were mailed to affected property owners and published in the Stillwater Gazette on
February 20. 2009.
Community Development Director Tumblad provided background on the proposal to
relocate the Bergstein and Shoddy Mill buildings to property near the former Aiple
terminal as part of the new bridge mitigation process. He noted that MnDOT will be
responsible for the cost and actual moving of the structures and the primary reviewing
agencies, including the National Park Service and Department of Natural Resources
(DNR), have indicated verbal OK contingent on approval of necessary variances. Mr.
Page 5 of 10
City Council Meeting
March 3, 2009
Tumblad pointed out the DNR is OK with the requested river setback because the
proposed location is actually an improvement over the former terminal building setback.
The National Park Service is primarily concerned that the river shoreline revert to as
natural a state as possible; MnDOT will help to naturalize the shoreline without
variances, he noted there is no usable space on the site. The Planning Commission felt
the variances were justified and recommended approval, he stated. If approved the
proposal will go to the Heritage Preservation and Parks Commissions for review and
recommendation for planned uses. Councilmember Cook asked if the City would be
responsible for restoration and ongoing maintenance costs; Mr. Tumblad said the City
likely will be responsible for those costs, but there is no restoration plan at this point. On
a question from Councilmember Cook, Mr. Tumblad stated this action (granting the
variances) would be committing the City to a location and, once the buildings are on
site, a commitment to securing the buildings and keeping them from deteriorating until
the City has plans for the re-use of the buildings. Mr. Roush asked about the building
elevations; Mr. Tumblad stated the floor of the building(s) would be l' above 100-year
flood elevation.
Vice Mayor Polehna opened the public hearing. There was a question about the height
of the building compared to the former Aiple building. Mr. Tumblad stated the impact of
the buildings will be significantly less than the Aiple building. No other comments were
received.
Motion by Councilmember Roush, seconded by Councilmember Gag to approve the requested
variances.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
Case No. 09-03. This is the date and time for a public hearinQ to consider a reQuest from
BWBR Architects. Shannon Brambery. for a special use permit reQuest for the remodel and
expansion of the mechanical room located at 927 West Churchill Street (Lakeview Hospital) in
the RB. Two Family Residential District and any variances related thereto. Notices were
mailed to affected property owners and published in the Stillwater Gazette on February 20.
2009. (Applicant has reauested continuance to March 17. 2009)
Vice Mayor Polehna announced this case had been continued to the March 17,2009,
meeting.
UNFINISHED BUSINESS
Possible approval of Stillwater Criterium (Bike Race) Contract (Resolution - Roll Call)
City Attorney Magnuson stated the proposed contract for the 'bike race is a draft that
was formulated in an attempt to include the same sort of conditions that are in place for
the marathon. He stated he had e-mailed copies to several people but has not heard
whether it is acceptable or whether it has been shared with the bike race folks.
Page 6 of 10
City Council Meeting
March 3, 2009
Councilmember Gag said both he and the Mayor, who served on the committee to work
with the bike race people, had the opportunity to look at the draft agreement but have
not had the opportunity to meet personally with the bike race contact person and have
not talked with each other regarding the draft. Councilmember Gag said he thought it
was appropriate and consistent with what was done with the marathon. Councilmember
Cook asked what had been done for consistency with the marathon; Councilmember
Gag noted that a dollar fee was added, as well as the responsibility for all associated
City costs to be borne by the promoter. Councilmember Roush asked if the
starting/finish line is acceptable to the Ward 1 and Ward 2 representatives.
Council member Cook said the issues that have been most problematic in the past have
been related to traffic flow and said she had talked with Police chief Gannaway
regarding placement of barricades to see if there are some adjustments that can be
made to satisfy the neighborhoods; she also stated downtown businesses along
Chestnut, from Main to Second, actually close during the race and said she also asked
Chief Gannaway to somehow take those businesses into consideration in the placement
of barricades. Councilmember Cook said she was satisfied with the consistency of the
agreement and felt it was fair that the promoter be responsible for City costs. It was
agreed to table action until the two committee members, Councilmember Gag and
Mayor Harycki, have had an opportunity to discuss the proposal and make a
recommendation about how to proceed.
Possible second readino of Ordinance No. 1005. an ordinance amendino Section 51-5, Snow
Emeroencies of the Stillwater City Code
City Attorney Magnuson noted this is the second reading. If approved, the ordinance will
be published and will become effective after publication. Vice Mayor Polehna asked this
ordinance should be passed by the City Council.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
NEW BUSINESS
Possible first readino of Ordinance No. 1006. an ordinance amendino Section 38-3. Noise
Control and Reoulations of the Stillwater City Code
City Attorney Magnuson stated the ordinance had been changed since first presented at
the last meeting. He pointed out the revised ordinance defines variances as waivers so
as to not make this a zoning issue and requires public hearings only for waivers
requested in the Public Administration Zoning District, which includes the Library; in all
other districts, the Council could grant waivers, such as for block parties, backyard
gatherings, etc., without public notice if the applicant provides written letters of support
from neighboring property owners. Councilmember Roush said his only concern is with
the responsibility for the cost of mailing for the public notice; City Attorney Magnuson
stated that could be clarified before the second reading and suggested adding language
stating the Council may by resolution establish a fee for filing. Councilmember Cook
Page 7 of 10
City Council Meeting
March 3, 2009
said she thought fees should be part of a different discussion and not set by specific
ordinance. City Attorney Magnuson suggested that the enabling language -- the Council
may establish a fee -- allows the Council to add this fee to the fee schedule in the
future.
Motion by Councilmember Roush, seconded by Councilmember Cook to approved the first
reading of the ordinance with the amendment as stated by City Attorney Magnuson.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
Possible approval of desion for Leoends Park Shelter and bid for the Well House received bv
the Water Board of Commissioners
Community Development Director Tumblad stated the Water Board bid the shelter for
Legends Park as an alternate with the bid for the well house and received great bids.
He said the Water Board is requesting the Council to approve an expenditure of
$17,900 for the shelter building; the shelter will have enough room for four tables and
will have electric service. The design of the picnic shelter features elements of the well
house itself. The shelter will be paid for with a portion of the funds ($90,000) dedicated
by the Water Board for improvements to Legends Park, he stated. Councilmember
Roush questioned whether the capital expenditure freeze applied; Mr. Turnblad
explained that this purchase is different in that it will be paid for by dedicated funds.
Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution
2009-47, authorizing the Stillwater Board of Water Cdmmissioners to accept bids and proceed
with the construction of a new park shelter at Legends Park.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
Possible approval of Capital outlav purchase of a new loader and a sweeper
Public Works Director Sanders presented the request to purchase a new street sweeper
and new loader to replace the City's 26-year-old grader. He said replacing the grader
with a loader will provide more flexibility in plowing operations. Working through the
state contract, the City was able to find a demo/used loader (or $144,000, and the
vendor is offering a $40,000 trade-in on the existing grader, despite needed
maintenance/repair costs. Mr. Sander said other options have been looked at, including
rental and purchase of used equipment, as outlined in his memo. On a question by
Councilmember Roush, Mr. Sanders stated this requested purchase was included in
this year's capital outlay budget. Councilmember Roush asked if needed repairs could
be done in-house; Mr. Sanders responded that some of the repairs could be done by
staff, but noted his department has a limited repair budget.
Page 8 of 10
City Council Meeting
March 3, 2009
Councilmember Cook wondered about the possibility of some joint-powers agreement
for sharing of large pieces of equipment. '
Motion by Councilmember Gag, seconded by Councilmember Roush to approve the purchase
of the loader.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
Mr. Sanders reviewed the request for a new sweeper, including the cost, trade-in
allowance and cost of needed repairs to the existing sweeper. He also reviewed the
benefits and capabilities of the new type of sweeper in reducing pollutants reaching
lakes/river. He noted this purchase is included in the capital outlay purchase request but
is funded by the Storm Sewer Utility Fund. Mr. Sanders briefly reviewed the sweeping
requirements of MS4 permit cities. Councilmember Roush asked about any other major
purchases that may be coming. Councilmember Gag said it would be helpful for the
Council to be updated on capital purchases to date and what is remaining for 2009;
Councilmember Cook agreed that would be helpful; she also raised the possibility of a
shared arrangement regarding the sweeper. Mr. Sanders and City Administrator
Hansen said the shared arrangement could be looked at.
Motion by Councilmember Gag, seconded by Vice Mayor Polehna to approve the purchase of
the sweeper.
Ayes: Councilmember Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
Approval of software purchase for the Community Development Department
MIS Specialist Holman reviewed the requested purchase of software. She noted this
purchase is the second phase of a project to coordinate and link various departmental
information. She stated funding is from capital outlay money that was rolled over from
2008. Councilmember Roush asked about annual maintenance costs; Ms. Holman said
there is an annual maintenance fee of $395 a year.
Motion by Councilmember Gag, seconded by Councilmember Roush to approve the purchase
of software for the Community Development Department.
Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna
Nays: None
STAFF REPORTS (continued)
Chief Gannaway reported there would be temporary posting of "no parking" on both
sides of Chestnut from Main to Third Street on the day the Minnesota Guard unit is
deployed.
Page 9 of 10
City Council Meeting
March 3, 2009
ADJOURNMENT
Motion by Councilmember Roush, seconded by Councilmember Gag to adjourn at 8:55 p.m.
All in favor.
Michael Polehna, Vice Mayor
ATTEST:
Larry D. Hansen, City Administrator
Resolution 2009-42, directing payment of bills
Resolution 2009-43, approving Washington County On-Line Software Access
Ag reement
Resolution 2009-44, amending the Personnel Policy of the City (FMLA)
Resolution 2009-45, abatement of special assessment
Resolution 2009-46, approval of license to use real property (Lily Lake Park for
Hazardous Waste Day)
Resolution 2009-47, authorizing the Stillwater Board of Water Commissioners to
accept bids and proceed with the construction of a new park shelter at Legends Park
Page 10 of 10
'"
RESOLUTION 2009-48
DIRECTING THE PAYMENT OF BILLS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that
the bills set forth and itemized on Exhibit "A" totaling $944,196.82 are hereby
approved for payment, and that checks be issued for the payment thereof. The
complete list of bills (Exhibit "A") is on file in the office of the City. Clerk and may
be inspected upon request.
Adopted by the Council this 17th day of March 2009.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2009-48
1ST line/Leewes Ventures LLC
Ace Hardware
Advanced Sportswear
AHS Rescue LLC
American Engineering Testing
Ancom Communications, Inc.
Aramark Uniform Services
Armor Security Inc.
Aspen Mills
AT&T
BCA BTS
BCA/Training & Development
Beres Diane
Bro-Tex, Inc.
Burnsville Police Department
Carquest Auto Parts
CDW Government, Inc.
Clark, Luann
Coca-Cola Bottling Company
Commissioner of Transportation
CPMI
Cub Foods
Denny Hecker Auto Connection
East Suburban Conf Gate Split
Frank Madden & Associates
Galls
Glock Professional, Inc.
Gopher State One Call, Inc.
Graphics Media, LLC
Harris Service
Hartland Fuel Products, LLC
Holiday Credit Office
ISD 832
J.H. Larson Electric
Kustom Signals, Inc.
Larson Engineering, Inc.
League of MN Cities Insurance Trust
Lehmicke Construction Inc
life Safety Systems
Loffler Companies, Inc.
Menards
Metropolitan Council
MN Office Of Enterprise Tech
Minnesota Shredding, LLC
Concession Supplies
Repair Supplies
Ladies Polo W Logo
8MM Econ Water Rescue Throw line
Curve Crest Pond Maintenance
Xts Charger 800 Mhz
Mops & Towels
Monitoring Service 207 Nelson St. E.
Uniforms
Telephone
Intoxilyzer 5000 Recertification Class
LeMoine DARE Training
Refund for Contract Ice
Supplies
Fall CSI Wulfing,Spring CSI Sykes
Vehicle Repair Supplies
APC Backup
Cleaning PW & City Hall
Concession Supplies
2009 Bridge Safety Inspection Seminar
Stillwater Parking Structure
Concession Supplies
Vehicle Repaid
SW High School Boys Con Gate Split
Labor Relations Services
Sales Tax On Uniform
Armorer Course Kyle Sykes
Billable Tickets
20 # Xerographic Bond 36 x 500
Maintenance Agreement
Diesel
Unleaded Fuel
Maht High School Boys Conference Games
Ballasts for Dome lights
Pro Laser 1/1
Refund Remaining Escrow Balance
LMCIT Claim # 11066984
Snow Removal
Repair Fire System
Computer Support
Brass Ball Valve
Wastewater Charge April 2009
February 2009 Wide Area Network Usage
Shredding
1,128.36
123.29
177.00
155.76
3,634.17
679.80
487.46
89.46
513.06
97.38
100.00
600.00
86.40
73.54
1,300.00
594.79
167.72
1,057.50
1,853.15
50.00
310,245.44
226.51
42.90
5,690.00
33.90
4.15
150.00
60.90
82.13
6,180.00
7,571.15
9.88
3,520.00
3,555.64
730.52
320.31
190.00
1,321.00
836.98
67.50
94.14
110,865.59
140.83
51.90
EXHIBIT" A" TO RESOLUTION #2009-48
North American Salt Co.
North St. Paul High School
Office Depot
Office Max
OnSite Sanitation
Onvoy
Pioneer Rim and Wheel Co.
R & R Specialties, Inc.
Reed Business Information
Riedell Shoes, Inc.
RiverTown Newspaper Group
River Valley Printing, Inc.
Roseville Midway Ford
Springsted
St. Croix Boat & Packet Co.
Stillwater Area High School
Streicher's
Sun Newspapers
SW /WC Service Cooperatives
T-Mobile
Toll Gas & Welding Supply
TRI County law Enforcement Assoc
Tri State Bobcat, Inc.
Unique Paving Materials, Inc.
Wal Mart Community
Washington County Sheriff's Office
LIBRARY
Baker & Taylor
Baker & Taylor, Inc.
BWI
Budget lighting
Demeo
Ersland, Bill
Gaylord Bros, Inc.
MN Historical Society
Najarian, Kris
Random House, Inc.
Stringer Business Systems
Van Paper
Washington County library
Xcel
Road Salt
Section Tournament Gate Receipts
Office Supplies
Office Supplies
Monthly Rental Northland Park
Monthly Telephone
Sq Jack
Blade Arm, Power Edge
Resurfacer Bid Posting
Skates for Resale
Publications
Forms, letterhead
luggage Rack
Issuance Fees GO CO Refunding Bonds 090
Manager
Stillwater High Boys Non Conference Game
Uniforms
Ordinance 1005
Retiree Health Insurance
Cell Phones
Acetylene
2009 Annual Dues
Rental of bobcat stock piling road salt
Asphalt winter mix
Electrical Tape
2009 Alerts
Books
Books
Children's Books
light Bulbs
Processing Supplies
Art Equipment
Processing Supplies
Newspaper Microfilm
Refund
Audio
Maintenance Agreement
Janitorial Supplies
Software licenses
Utilities
Page 2
5,487.41
1,022.00
819.89
269.60
176.33
514.00
89.18
492.14
172.20
418.31
247.20
894.60
431.14
45,770.10
63,235.03
2,359.00
8,189.17
280.62
37,919.44
41.63
27.63
50.00
770.70
542.72
28.03
2,500.00
108.57
935.69
71.84
193.21
51.40
135.00
14.93
92.50
30.00
60.80
46.32
445.21
93.31
5,830.20
EXHIBIT" A" TO RESOLUTION #2009-48
MANUALS FEBRUARY 2009
ASS Company
AT&T
Enterprise Products
IDS 834
Lanoga Corporation
Qwest
Semler, John
Washington County Office of County Recorder
Waste Management Savage
Xcel
ADDENDUM
Barthe & Wahrman
Dive Rescue International, Inc.
l & D Sign
lSA
lMC Insurance Trust
Magnuson law Firm
Menards
Minnesota Street Superintendents Assoc.
Qwest
Shilts, Cindy
Tee's Plus
US Bank
Washington County Office of Recorder
Xcel
Adopted by the City Council this
17th Day of March, 2009
Payment 2nd Half 2008 TIF #1
Telephone
Propane
2008 Collections for TIF #1 & TIF #4
Pymt 2nd Half 2008 TIF # 1 UBC Project
Telephone
Pymt 2nd Half 2008 TIF # 1 Readex Project
Recording Fees
Final Pymt of 2008 Delinquent Certification
Utilities
Verification Services
Ice Dive Training
Replace Ballast
Stillwater Parking Ramp Phase II
Final Audit Workers Comp 08,2nd Installmnt
Professional Services
Batteries
Membership
Telephone
Reimburse Mileage, Meals Conference
DARE Supplies
Paying Agent Fees
Recording Fees
Utilities
Page 3
2,893.34
63.60
57.08
136,349.22
7,115.81
57.84
5,061.90
533.15
14,321.50
22,410.85
3,750.00
375.00
251.36
17,165.75
49,046.00
10,814.33
23.36
35.00
618.55
121.60
121.26
750.00
52.00
26,391.06
TOTAL 944,196.82
Dear City Council,
We, Robert and Katherine Nash owner and resident of312 Owens Street South, want to
thank you for your interest in improving our street. This is our first home and we
purchased it in February 2007. We bought only what we could afford and faithfully make
our mortgage and utility payments. We can't afford this project during these tough
economic times.
Let me give you several reasons why my wife and I are opposed to such an endeavor.
1. A couple days before Christmas 2008 I took a 5% pay cut, had my salary froze,
my bonuses cut, and my matching 401K ended. We are not able to use our small
savings to pay for this project. We do not have extra money each month for the
payment plan. We are not lying.
2. My wife, 3 small children and I live on about $40,000 salary. The added burden
of the assessment may cause us to look at foreclosure.
3. Our elderly neighbors around us agree, many are not working and living on a
fixed income. Some neighbors.are unemployed and cannot afford this.
4. The speed of traffic on our road is fast, but as mentioned in our previous month's
meeting even narrow streets like Ramsey can seem like the traffic is moving too
quickly. We don't want the improvement, because we don't believe it will
slow traffic down.
5. We frequently walk to Washington Square Park. We do not have any sidewalks
on Owens and so we walk in the street all the way down to Pine Street with our
3 small children. A narrower street would make it more dangerous for our
family to walk to the park. Heaven forbid some terrible accident happens as we
try to walk to the park as a family!
6. We also use the street for parking and feel that it would hinder safety of parked
cars and passengers if we decrease the size of the street.
7. The cost to the community can be saved. We don't feel the community needs to
spend the taxpayer's money on this project during such tough economic times.
There are more pressing needs.
8. If this is a make work project, use the city's portion to train the workers to get
a job in the private sector rather than consume up to 100% of the tax payer's tax
revenue.
Thank you for reading this letter from a couple of voters. We appreciate your
consideration and the democratic process involved in city planning. We would have
loved to be there, but have another obligation.
God bless and give you wisdom as you lead, direct, and care for our great city.
Rob and Katie Nash
t>..~. .
rzl.. /V.~k
Ut~~~
Page 1 of 1
February 6, 2009
Bill Tumblad
Community Development Director
Stillwater, MN 55082
Dear Mr, Tumblad:
In regard to your recent letter it would be of little value for me to render my
opinion to either the planning commission or the city council. The reason
being the planning commission and the council give little heed to the opinion
of the citizens of Stillwater. They have in the past and probably will
continue to make important decisions without the essential research and
study. A prudent coun~iI or planning commission should take these steps
prior to making final decisions that seriously affect the business and
residential community.
It is very sad for me as a resident and former business owner to see what
was once a beautiful historic city be mismanaged and degraded to
partially vacant condos on the north end and vacant store fronts in the
historic south end because of over taxation and poor planning.
Now you have just voted a twenty year permit with very few restrictive
covenants.
I can assure that I shall work tirelessly to search for and to appoint a group of
business people and citizens that care for the environment and business
community.
Sincerely ~ ?
p~/
C~~y
iJolD D1
JtV
92~ ~€lCY ~. '5.
ST\LLWATE:12.. ~1,J 55082,
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216 WEST WILKINS
Present Violations.
1. Property remains as 4 units in a 2 unit District.
2. Owner ordered to "make the necessary repairs to 216 West Wilkins Street by
June 1, 2006, or allow the City to enter the premises to make the repairs with the
[Owner] reimbursing the City for the cost."
3. Cert. denied by U.S. Supreme Court in June 2008.
4. Notice given at least twice since that time requesting a statement of intention from
Owner, however no willingness has been expressed by the Owner to make the
necessary repairs.
5. What will be involved with City doing the repairs with Owner reimbursing City
for costs?
(a) Dismantle living unit over garage
L Removal and disposal or storage of fixtures, plumbing, and other
elements of habitability.
11. Estimate of cost $5,000-$10,000.
(b) Reconnection of home stairway connecting basement with first floor will
return home to a 2 family dwelling.
L Removal, disposal or storage of kitchen and personal property that
has made basement a separate u11it.
11. Estimate of cost $25,000 ~ 35,000.
Requirements.
2.
Bids from contractors
$1,500.00
$25,000- 35,000.00
$10,000.00
1.
Architect to prepare a plans
3.
Police supervision of construction and attorney fees
TOTAL
$36.500-46.500.00
Exhlhit.4
<<;~[p>y
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET. SUITE #202 . STILLWATER, MN 55082
TELEPHONE: (651) 439-9464 . FACSIMILE: (651) 439-5641
WWW.MAGNUSONLAWFIRM.COM
DAVID T. MAGNUSON
DTMAGNUSON@MAGNUSONLAwFIRM.COM
JOHN D. MAGNUSON
JDMAGNUSON@MAGNUSONLAWFIRM.COM
September 5, 2008
Marcia Kilbourne
23130 Everton Avenue North
Forest Lake, MN 55025
Re: Wilkins Street Home
Dear Ms. Kilbourne:
Now that all of the appeals have been exhausted, we are left with the Order of Judge Cass
with regard to changes that must be made to your Wilkins Street property. You are well aware
of what needs to be done and the City would like to give you every opportunity to do that
yourself
You are also aware, I am sure, that if you fail to take this action at some point the City
will need to take action on behalf of the citizens of Stillwater. This, of course, will be unpleasant
and it should and can be avoided if you take this action yourself.
It would be helpful if you could set forth your intentions with regard to compliance with
the Order in writing and deliver it to my office.
Respectfully,
DTMljmo
cc: Larry Hansen
IVlithelfoggei i\IGP . City Pla:nner . City bfStillwater '216 N. 4lhStreet . Stillwater; MN550~~
651.430-8822 . Fax: 651.430-8810 . email: mpogge@d.stillw~tei\li:iri.tis
MAGNUSON LAw FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTIlMAiNSTREET . SUITE#202' STILLWATER,MN55082
TELEPHONE: (651)439-9464 . FAX: (651)439-5641
WWW.MAGNUSONLAWFIRM.COM
DAVID T. MAGNUSON
DTMAGNUSON@MAGNUSONLAWFIRM.COM
JOHN D. MAGNUSON
JDMAGNUSON@MAGNUSONLAWFIRM.COM
MEMORANDUM
TO:
Mayor, City Council and Staff
FROM:
David T. Magnuson
DATE:
January 15,2009
RE:
Marcie Kilbourne
In view of the recent letter that was sent to you by Marcie Kilbourne, it is appropriate that
we provide a brief history.
Marcie Kilbourne owns property at 216 West Wilkins Street, which is located in the RB
Two Family District where duplexes are a permitted use. After Staff was confronted with
evidence that Marcie Kilbourne had converted a duplex into a three plex, and in addition, created
fourth unit of living quarters over her garage in violation of the City Code, a Complaint was
served upon her in the summer of 2004. The action was deemed necessary at the time as the
only means of securing compliance with the Zoning Ordinance.
On March 24, 2006, Judge Edward Cass granted the City Summary Judgment and
ordered Marcie Kilbourne to "make the necessary repairs to the premises at 216 West Wilkins
Street, Stillwater, Minnesota, to return the property to a duplex and in compliance with the local
regulations by June 1, 2006, or allow the City of Stillwater to enter the premises to make the
repairs with Defendants reimbursing the City for the cost."
Subsequently, Ms. Kilbourne appealed to the Minnesota Court of Appeals and lost, she
then appealed to the Supreme Court of the State of Minnesota and her appeal was denied, and
she then petitioned the Supreme Court of the United States for a Writ of Certiorari, and that
petition was denied. Once the Supreme Court denied Certiorari, Ms. Kilbourne's right to appeal
was exhausted. It was then on September 5, 2008, that I wrote her asking for an indication of her
intentions with regard to making the necessary changes to this property. From the
correspondence that she recently sent to all of you, we now have her response to that letter.
For your information, I enclose a copy of Judge Cass's Order and Memorandum, and also
a copy of my letter of September 5,2008. It is apparent that she does not intend to voluntarily
comply with Judge Cass's Order. It remains a piece of unfinished work.
Respectfully,
/nm
Enclosures
2
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT
-------------------------------------------
City of Stillwater, a Minnesota
municipal corporation,
ORDER
. Plaintiff,
. .. FileNo.. C4-.04-6764
vs.
Marcia Kilbourne and Christina
Kilbourne,
Defendants.
-------------------------------------------
The above-entitled case came on for hearing on February 17, 2006, before the
undersigned, the Honorable J.E. Cass, Judge of the above-named Court, at the
Washington County Government Center, Stillwater, Minnesota.
Margaret M. Murphy, Esq., and Jessica E. Schwie, Esq., appeared on behalf of
Plaintiff. Defendant Marcia Kilbourne appeared personally, acting pro se. There was
no appearance by or on behalf of Defendant Christina Kilbourne.
Based on all of the files and records herein, the Court makes the following:'
ORDER
1. Plaintiff's motion with respect to discovery is DENIED.
2. Plaintiff's motion for summary judgment on the Complaint is GRANTED.
Defendants shall make the necessary repairs to the premises at 216 West Wilkins
Street, Stillwater, Minnesota, to return the property to a duplex and in compliance with
0009
local regulations by June 1, 2006, or allow the City of Stillwater to enter the premises to
make the repairs with Defendants reimbursing the City for the cost.
3. Plaintiff's motion for summary jUdgment on the counterclaim is GRANTED.
The counterclaim is DISMISSED WITH PREJUDICE.
4. The attached Memorandum is made a part hereof by reference.
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5. The Washington County Court Administrator shall mail a copy.of this Order by
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U.S. Mail to counsel for Plaintiff and to Defendants at their respective addresses, which
shall constitute due and PF~~~~~fofall;~1
LET J~DGME~T '~~b AC~_",
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Dated: I 0 i ~,..,_ .. .___."'-_ .
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File #
WASHINGTON COUi'HY
F DI~Tc, :!f~T COURT
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COURT AVr)ti.{~t\STR!~ Oil ..
By V V uepuly
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MEMORANDUM
Re: City of Stillwater v. Kilbourne
Court File No. C4-04-6764
Defendant Marcia Kilbourne ("Marcia") purchased real property located at 216
West Wilkins Street, Stillwater, Minnesota, from her father. Marcia states she
purchased the property from her father in 1995 or 1996. A quifclaim deedfrbni William
McMichael to rvtarcia Kilbourne was recorded Septemb~r 20, 1999. The property is
zoned RB-2 family, which al.lows two families per dwelling and multi-family dwellings by
special use permit. Under the Stillwater zoning code for RB-4 family, an accessory
building is not to be used for hum'an habitation, however, an accessory dwelling unit is a
permitted special use ifthelot size is at least 10,OOq square feeL The lotat216 West
Wilkins Street is 8,302 square feet. Marciatransferred the property to her daughter,
Christina Kilbourne ("Christina") by a warranty deed recorded April 3, 2003. Amortgage
recorded the same day lists. Chri~tina as. the borrower and Marcia as the lender of
$830,000.00, with interest to be paid (;lt2%.
The City served a Summons and Complaint on Marcia on August 27, 2004. The
, Complaint alleges Marcia is the landlord and owner of the property located at 216 West
Wilkins Street in Stillwater. The house was originally a duplex. The Complaint alleges
Marcia converted her basement into an apartment, creating a third dwelling unit in.the
home, and 'constructed a garage with an accessory dwelling unit about the garage,
'creating a f()urth. qWyllingynit C?D ttJ~;p~()Rerty~ Th~. COlllplra,intreqpE($t$cthe.Cou rt iS$ue
an injunction directing Marcia to remove the. barrier betw.een at least one. side of the
duplex and the basement area and to remove the apartment above the garage and
return it to a storage area. An Amended Answer and counterclaim was filed November
. 17,2004. The counterclaim alleges Defendant struck a storm sewer pipe in 1998 for
0011
which the City had no easement on her property. Defendant believed the City was
going to abandon or replace the sewer pipe the following year but has not done so,
rendering the property un buildable and unusable, constituting a taking without just
compensation. The counterclaim also alleges Marcia applied for a permit in 1999 to
build over the pipe, but the permit was denied without sufficient justifica~ion as were five
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subsequent applications. The counterclaim alleges the City's refusal to grant permits to
improve Marcia's home to accommodate her disability violates the Minnesota Human
Rights Act. An Amended Complaint was filed April 28, 2005, to add Christina as a
Defendant as the current OWner of the property. Christina filed an Answer and
counterclaim on November 1, 2005. The counterclaim alleges a taking and a violation
of the Minnesota Human Rights Act as in Marcia's Answer. An Order filed December
30, 2005, dismissed the counterclaim alleging a violation of the Minnesota Human
Rights Act pursuant to the agreement of the parties.
Defendant has made a motion for additional time for discovery and to continue
the trial. Plaintiff made a motion for summary judgment on the Complaint and on the
counterclaim. .
The Court shall order judgment if the pleadings, depositions, answers to
interrogatories, admissions on file, and 'any affidavits show there is no genuine issue as
to any material fact and that either party is entitled to judgment as a matter of law.
Minn. R. Civ. P. 56.03. When a motion for summary judgment is made and supported
as provided in Rule 56, the adverse party may not rest upon the averments or denialsin
that party's pleadings but must present specific facts showing there is a genuine issue
for trial. Minn. R. Civ. P. 56.05. If the adverse party does not so respond, summary
judgment, if appropriate, shall be entered against the adverse party. 1Q. Plaintiff has
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supported its motion for summary judgment with depositions and affidavits. Christina
has not responded in any way to.the motions for summary judgment. Marcia has
submitted affidavits and supporting documents in opposition to the motions for summary
judgment.
Plaintiff argues there are four living units located at 216 West Wilkins Street. The
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house is a side by side duplex. There is additional living space in the basement.
Plaintiff has submitted the affidavit of Cynthia A. Shilts, who states that she walked
through the property in July 2005. At that time, there was a full apartment with a
separate entrance in the basement, including a kitchen, two bedrooms, a living/dining
area, and a full bathroom. There is no access from the basement to any other part of
the house. Ms. Shilts also states she walked through the garage and noted an entire
apartment above the garage, including a whole kitchen and bath that was noton any
. building permit. Marcia argues the stairs to the basement were removed when the
house was remodeled from an upper and lower duplex to a side by side duplex in 1998.
Marcia argues that Plaintiff knew the stairs were removed in its inspection in 1998.
Marcia argues the basement unit is a part of Unit A of the side by side duplex, and
therefore, there are only two units in the house. The evidence presented to the Court is
that there are three separate living units in the house. The basement unit is not
accessible from any other portions of the house. It has its own outside entrance. The
stairs connecting the basement to the upstairs have been removed. Marcia provided.
the Court with two leases, both dated August 1,.2002; One lease is for UnifBofthe
house; the other lease is for UnitA. The lease shows Unit A is broken down into two
units, an upper and a lower, leased to different persons. The basement unit is Cfearlya
third unit in the house. Marcia argues the space above the garage is not a fourth rental
3
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unit. Again, the evidence is clear there is an entire apartment above the garage.
Marcia does not contest that there is a full kitchen and bathroom above the garage. A
party opposing a motion for summary judgment must present evidence of specific facts
which give rise toa genuine issue of material fact. A party cannot rely on unverified or
conclusory allegations when opposing a motion for summary judgment. Lubbers v.
--Anderson, 539 N~W:2d398;401(Miiln. 1995). Christina hasnorprovidedariy-evidence
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to the Court opposing Plaintiff's motions. Marcia has provided only conclusory
statements that the basement unit and the garage unit are not separate units. There
are no genuine issues of material fact with respect to this issue. Summary judgment is
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granted in favor of Plaintiff upon its Complain-t.
Plaintiff has also made a motion for summary judgment on the takings
counterclaim. Marcia argues Plaintiff has denied her permits and variances to build
over a pipe in mer backyard. Marcia alleges the pipe belongs to Plaintiff. In support of
her allegation of a taking, Marcia argues she has been granted building permits from
Plaintiff for projects which are not over the pipe, but every permit she has requested that
would involve the property over the pipe has been denied. According to Marcia's
exhibits, she received a building permit from Plaintiff on April 22, 1997 for an addition. It
is not clear from the permit where the addition was to be located; however, Marcia
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alleges this addition was to be on the back of the house over the pipe area. The
Planning Commission minutes dated March 9,1998, voted to alloW a variance to allow
construction as set forth in the 1997 building permit. Marcia's excavator hit and
damaged' pipes in the back yard in June of 1998. Marcia argues all permits requested
after that date for the area over the pipe have been denied while other permits have
been granted.
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The Kilbourne house is a nonconforming use because it is a duplex located on a
lot which is less than 10,000 square feet. Therefore, any expansion of the
nonconforming use requires a variance. The 1998 application f9r a variance was
granted, however, Marcia did not sign for an acceptance, so it was not recorded and
thereafter expired. Marcia applied for a variance in April of 2000. The April 1 0, 2000
Planning Commission meeting minutes shows the case was continued. The May 8,
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2000 Planning Commission meeting minutes shows the variance was denied. The
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minutes indicate the duplex was a nonconforming use because of lot size and that the
addition would result in 10 bedrooms. The Planning Commission stated this was an
excessive uS,e of the property and an overuse of the space. There is no indication that
Marcia submitted an appeal to the City on the Planning Commission's action. In August
2000, application fora variance to enclose a three-season porch to convert it to a four-
season porch was granted, accepted, and recorded. A June 2002 application for a
variance to add a 280 square-foot bedroom was submitted by Marcia. The Planning
Commission denied the variance request on June 10, 2002. Marcia submitted an
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appeal but.did not pay the fee, rendering the appeal void. AJune 2004 application for a
variance to expand the rear of the house to add a master bedroom was denied by the
Planning Commission.
Plaintiff argues that Defendants failed to exhaust their administrative remedies on
the April 2000 application and the June 2002 application. A party aggrieved by the
decision of a municipality's governing body musf exhaust all administrative remedies
before seeking judicial review. Medical Services. Inc. v. City of Savaqe, 487 N.W.2d
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263,266 (Minn. App. 1992) citing Minn. Stat. ~462.361, subd. 2(1990); Chase v. City of
Minneapolis, 401 N.W.2d 401,411 (Minn. App. 1987). It is clear that Marcia did not
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exhaust her administrative remedies with respect to the June 2002 application for a
variance. It is unclear whether Marcia exhausted her administrative remedies with
respect to the April 2000 application. According to the City, Marcia withdrew her
request for a variance on April 1 0, 2000. However, the Planning Commission minutes
from April and May 2000 show the variance was considered and denied. There is no
.........evidence thafMarda. appealed.this deCision.
The City argues there was a rational and legitimate basis for denying the
applications for variances. When reviewing the decision in a zoning matter, the Court is
to determine whether the zoning authority's action was reasonable or whether it was
unreasonable, arbitrary, and capricious. Swanson v. City of BloominQton, 421 N.W.2d
307, 311 (Minn. 1988). The Court is to determine whether there is a reasonable or
rational basis for the decision. Id. The Court is to review the record made before the
City at the time it made its decision. Id. The record is clear that Plaintiff and the
Planning Commission in denying the April 2000, June 2002, and June 2004 applications.
for variances based their decisions on the fact that the duplex on the substandard-sized
I lot was a nonconforming use which would be increased if the variances were approved.
It is clear from the record there was significant neighborhood opposition to any increase
in the nonconforming use of the property. The denial of an expansion of a
nonconforming use is a rational basis for denial of a variance. There is no evidence that
5 any permits were denied because of the presence of a pipe in Defendants' backyard.
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Plaintiff's motion on the takings counterclaim is granted.
Dated:
J. E. Cass
Judge of District Court
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET. SUITE #202 . STILLWATER, MN 55082
TELEPHONE: (651) 439-9464' FACSIMILE: (651) 439-5641
WWW.MAGNUSONLAWFIRM.COM
DAVID T. MAGNUSON
DTMAGNUSON@MAGNUSONLAwF1RM.COM
JOHN D. MAGNUSON
JDMAGNUSON@MAGNUSONLAWF1RM.COM
September 5, 2008
Marcia Kilbourne
23130 Everton Avenue North
Forest Lake, MN 55025
Re: Wilkins Street Home
Dear Ms. Kilbourne:
Now that all of the appeals have been exhausted, we are left with the Order of Judge Cass
with regard to changes that must be made to your Wilkins Street property. You are well aware
of what needs to be done and the City would like to give you every opportunity to do that
yourself
You are also aware, I am sure, that if you fail to take this action at some point the City
will need to take action on behalf of the citizens of Stillwater. This, of course, will be unpleasant
and it should and can be avoided if you take this action yourself
It would be helpful if you could set forth your intentions with regard to compliance with
the Order in writing and deliver it to my office.
Respectfully,
DTM/jmo
cc: Larry Hansen
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01/14/2009 15:35
5514308809
J auuary 1., 20q9
Hand delivery to citY hall and copy to city attorney's office.
Dear Stillwater City Cou1:1cil,
STILLWATER
PAGE 01/02
m~l~ ~ 1 ;~o; ~j
TIus is an 3.PPClIJ letter to the Stillwater city cOltncil. We arc apPe:lling due to tl.1e following outrageous cjrclt\llstD\~Ce5 and unjust .
judgment. We appe<ll to eOtll1.c:il, who as city rcpre$entatives, can vote to decide the final course of II city judgment e.nforeemtl'lT ac.tum.
COVER UP OF CITY TAPE RECORDINGS AND EVIDENCE SUPPORTING CITY FRAUD
Evidence 511
etl'ation of Public Lawsuits For Private Profiteerin Pm oses
Law.~.,!.Iit Nurnl;te:r One Anp The Coun'~rsuit
I. From 1998.2003 Stil1wateJ:'s city zoning/planning, building, administrator, police. aod privately contnlcted city attorney helped'
install fOllr kitchens in fOllr arcaS of the Kilbourne home. This j'Dst.allation was lIet up on tape recordings and in city records.
2. In 2004 the.citv and same city attorney ~m:d Kilboume to removc the construction claim.ins KilbOlll:ne's house n t'c.mr-plex IItld ill
...iQlation of city zoning ordinances, The city argued law wbich they say gllVe thel11lcgal rjght to rCl;novc what they'd installed.
::. .From 1998.2003 t~e city zoning/planning, building, police, administrator and city attorn.ey also repeatedly complained Kilbourne's
home in vi'61iltion of city zoning ordinances. bull'epeatcdly refused Kilbourne's in.vitation to reenter the home and readdress
zoning isslles. Jn~tcad the cit.y iss\led Kjlbonrne "j.ne home constrllction expansion permits as t11ey prefOl'01ed three poUce:
7.,oning j.llve~tigatiofls obtaining six. identical secret warrants. These a.ctions were set lip on tape l'ecordings and in city record:;.
4. From 1998-2004 Kilbourne filed fourteen perm.it applicatiolUl to expilnd. On.ly applications to build over a pipe located jn
Kilbourne '5. Tear yard. werc sent to planning hecllllSc the city c1aJmed KilbO\lrne's home was sllppo5edly n(l.I~col1forming.
However. all.nine (off-pip'e) expansion permits were iy,sued wit.hDut planning approval.
S. From 1998-2004. dut.ing Kilbo\ll'oe'!; fourteen permit applications, the city en~ineering/pllblic works, building. pILl.nning, attorlll~Y.
a~d ll.dm,inis\T.lItor S~~ \I~ 011 tape and in city records p!pe fraud actions (etcetcra) securing a countel'suit from KilbOllrnll
(1\1 resp(ms~ to lhe cIty S com:tn.lehon. ,:emovallllwslut).
LnwsuitJ-lumber 1\V~
J. From 2'0'02-20'03" t1~e city 1,:oninglplan.l)jng. building, engineer, administTator, police, and attorney committed discrimina.tory and othel'
i.llegal acts ~nd also lestified they were in fact discriminating. sod retaliating against the .I<i.lbollrnes. However, Kilbo\lrlle'~ elm
prove most -every city employee l<new Kilboume was ta.pe recording all the city pmposely set lip theil. Qra.! actiOD.S on tape,
2, In 10.20'03 the city attorney admitted the cj.ty and attorney kncw Kilbourncs had been tape l:ecQrdi.ng them allllloog.. then Ihe city and
city attorney gave Kilbour.ne oral approval to im;tall the fourth k.itchen in Kilbourne'lI home (011 tapc recording) I\S. tbe city
planning di1'~ctor avoicled. reply ofKiJboul11c's two letters for wril:ten pernUssiDn (kitchen was under $500. no permit req\lil'enl.
), 106-2005 the city':l.s~illtcd Kilhournel'i in their making of a Jive photographic record of city filcs, Upon the city a~5isting Kilbourne.
ill 1t1aJ,:ing :fliothcr phot(lgraphic record of the city files a multitude of records bad disappeared, However. items proving dty
jJJegal and discrIminatory actio\)s. eity ndmissi.on.ofrccol'd falsification, and proof orcity permit tampering remained jotact
(collabOTati1~S city oral tcstimollies). The city file was set lip to prove all the city oral testin'lOnies.
4. Kilho\lTncS were supposed to file a discrin1ination sui.t ~lgainst the cily usiog the city tape reeol'ded testimonies. exorbiH\I'l.T city
dcpol'iition ~~ntradictiollS, Clnd city file recordll, to prove city discrim.ina.tion lInd suppoy,ed cover up.
Set UP oJ Lawsui\ Nd,!)1be.r l1ucc
Of
1.. In mid DeCC1:nber 2008 the city and attor.t.l.ey participated in actions indicat.ing a furthel' attempt to set up ntore litigation. ~nd colh:ct
Iitig~tion nmd~ from city insurance pool anc:l overall heightening ofthe city atto.rn.ey budge!.
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WHAT WE CAN T.ELL F.ROM CITY ACTIONS
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Conclu!\ion: Fronl 1 Q9R.2004 wby would the city (knowingly) on tClperecording and in their official record: (1.) ~ct lip four lcitchCI1S ill
tOll\" areaS ot" Kilboul"t,'c) ht1m_&::'!;(2) orally compJa.in thc constrllctiOI~ setS lip city zoning viohltio.lls and then avoid open recvalu:ttion'?:
(3) wllile performing, i~ree separate sel.:ret police 7.ol1in.g violation investigations'!; (4) commit llctions and tCSlimonyofdiscril'I'l.inal:ion.
I:etaliation, and pipe fr..a\ld pem,it tampering on tape recording (!(J.\owingly)'~; (5) process fOlll'teen building applications and leav~~ self
admissioll$ of di5crifnination. permit manipulation, and record falsification intact in dty files (losi.n!; non lIclf illcriminating records)?:
(6) !lct up the fourth kJtchen Oil tllpC while they adn,.it they ore being taped. b1.lt .rcflls~ ro IIn~wcr tw(l letters for written permissi~)ll'?
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5514308809
STILLWATER
PAGE 02/02
The"aoswel' is pr.ivate profit. The (private) city llttol~ney's office profited arguing ca~e law the city had a right to e.nf()rce.roe\1~ re.olov;ll
1)( cons\Tllction conditions violating zonlng ordinances. A prival:e) second city attorney profited Ilr~llin.g the pipe fraud. A third (private)
dry attomey was to defend the discriminatiolllawsuit file in. response to city discriminatoryadmlssions (filed after the construction
removal Jaw$uit was los\), Any realloning person knows IJ. e city department employee$ p':ofited privately fl'Om theil' conjoint acti0l1s.
COURT COVER UP OF ACCU ATlONS AND EVI.DENC.E OF CITY F.RAUD
I, Ki.lboumc told District COUl"t the city hadfcalldulenlly s t up the lawsuit and a seeond discrimination lawsuit. Howevel', District
Court refused to review Kilbourne's evidence, dis . issed Iter statements as conclusor.y (unproven.), and dismissed fraud claims.
2. Upon al'Pcal to Appellate Court, Kilbourne reiterated e J:Tlplaints tha.t the CilY had setup lawsuit~. However, Appellate Com!
decided in ordet for Distri.et Court's judgment to old up. Kilbollrne'~ statementS m.ust be del.lmed {.\et (accepted as proven).
:50 no lape recording review was necessary. Ki.lbo rne quoted 276 fraud/estoppel case laws, tbem Appellate misquoted facfS
dillmissi"g Kilbourn.c's estoppel claims, bUT ignor'd Kilboumc's c1a.im of city fraud en.tirely. (Estoppel: to stop $(Imeone's (lets)
3, Upon appeal tr.J Minnesota Supreme Court Kilbour..ne po nTed out: (I) District and Appellate COllrl judgments contradicted each other.
District deemed Kilbourne's stAtements unproven Appellate deemed Kilboumell's IItlltements proven, but both ~ollrls
refused to revIew the tapes and e:videoce sUl.'.porti g fraud claims; (2) Appellate, avoided .fraud cntirtly and dismii5sed estoppel
by misquoting facts (Kilbo\l/'nt provlded evidene I facts). Minnesota Supreme Court refused to review the CI\Se,
4. Upon appeallo United States Supreme Court Kil.bollr.o.e complained ofall the items she listed to Ihe Appellate Courts an(l provided
laws supporting upper courts had excecded and v olared T.b.eir deci.sion making ability in judgment. COUl.'t refusl~d to review.
WHA T WE CAN. ELL FROM COURT ACT.lONS
Kil.bourncs told 1\11 eO\ll'ts sbe posses!>ed city case e.rin1es a.ught onln}'e and evicl.ellce supporting her claims. KilboLl1'llc also told all
uppcr eourts s11e had reported frauds, identity theft / tl'ansfi nnation and money laundering to federal agencie~ before I'his lawsuit began.
Each court in nJrn refused to review the evidence fo~ Kilbo rne's ffa.ud /estoppel claims while: (1) con.tradicling each other in judgment
(Du;trtcr/Appellnlc)j (2) avoiding completcly the exi~tel1ce fa fraud elllim (dellpite fraud being I'he appeal's main theme) and upholdillt:
estoppel's dismissal after misconstruing basic evidence fae s (Appellate): and (4) .refusing review (Minne~ota I United Slates Supreme),
Kilbourne's slatellle1.1ts for fraud deemed true by Appellatc COLlrt, untrue by Distl'ict Coun, as the evidence SlIpPol'ting her statements
would nm be vjew~d by allY eOllrt, bllt hel: fraud ca~e dismi sed. Supremc Court~ would not review the contradic1io\1. Why? Covel' up
I.Vl\S occurring. Yet. .Kl.Ibollrnc reported an outlandish amI) I)t of fraudulent litlgalions (tied to other crime) in her federal agency report.
1. T<Hbo\lrncs appeal for city Council to overlul.1l and rever c the ul1just COUll decision. a dccil'ion court gave and upheld af1er
admitting they were l'efusing TO review evidence fi l' fraud. According to Appellate Courl, Kilbollme'~ c1:Jim the city is
sel-ting up lawsuit~ i~ proven (so no need to rev;e the evidence for her statcments found unproven by .District Court)
2. Does the city now want to d.o the righ1lhing or will they continue dowll the S31l1e path? The city nttorney told Kilboul'I1e in
ll1i.d J)ecen1bcr "its simple. remove the constJ.uctio or tlle city will J'Cr.novc it for you". This a.ppalling, haughty, and Llnjust
lltlitude by, the city atl'omey is outrageous. The bib estates pridc goes before destruction and a haughty before a fllll., It also
says God:~eqllires us to rlo rIle right thing, love me .cy, And wal.k humbly with God. (.Proverh~ 16:18, M.icl\h 6;8)
Sincerel y.
Marcia Kilbourne
216 W. Wilkins
Sti11waTel', Mn
',.
2
January 1,2009
Hand delivery to city hall and copy to city attorney's office.
Dear Stillwater City Council,
This is an appeal letter to the Stillwater city council. Weare appealing due to the following outrageous circumstances and unjust
judgment. We appeal to council, who as city representatives, can vote to decide the final course.. of a city judgment enforcement action.
,
COVER UP OF CITY TAPE RECORDINGS AND EVIDENCE SUPPORTING CITY FRAUD
'i.
Evidence Supporting City Fraudulent Perpetration of Public Lawsuits For Private Profiteering Purposes
Lawsuit Number One And The Countersuit
1. From 1998-2003 Stillwater's city zoning/planning, building, administrator, police, and privately contracted city attorney helped
install four kitchens in four areas of the Kilbourne home. This installation was set up on tape recordings and in city records.
2. In 2004 the city and same city attorney sued Kilbourne to remove the construction claiming Kilbourne's house a four-plex and in
violation of city zoning ordinances. The city argued law which they say gave them legal right to remove what they'd installed.
3. From 1998-2003 the city zoning/planning, building, police, administrator and city attorney also repeatedly complained Kilbourne's
home in violation bf citY zoning ordinances, but repeatedly refused Kilbourne' s invita~ion to reenter the home and readdress
zoning issues. Instead the city issued Kilbourne nine home construction expansion pegpits as they preformed three police
zoning investigations obtaining six identical secret warrants. These actions were set up,On tape recordings and in city records,
4. From 1998-2004 Kilbourne filed fourteen permit applications to expand. Only applications tpbuild over a pipe located in
Kilbourne's rear yard were sent to planning because the city claimed Kilbourne's honir was supposedly nonconforming.
However, all nine (off-pipe) expansion permits were issued without planning app~ovat. .
5. From 1998-2004, during Kilbourne's fourteen permit applications, the city engineering/public works, building, plmming, attorney,
and administrator set up on tape and in city records pipe fraud actions (etcetera) securing a countersuit from Kilbourne
(in response to the city's construction removal lawsuit).
Lawsuit Number Two
1. From 2002-2003 the city zoning/planning, building, engineer, administrator, police, and attorney committed discriminatory and other
illegal acts and also testified they were in fact discriminating and retaliating against the Kilbournes. However, Kilbourne's can
prove most every city employee knew Kilbourne was tape recording as the city pUrp()~eJy set up their oral actions on tape.
2. In 10-2003 the city attorney admitted the city and attorney knew Kilbournes had been tapef~cording them all along, then the city and
city attorney gave Kilbourne oral approval to install the fourth kitchen in Kilbourne's home (on tape recording) as the city
planningtlirector avoided reply of Kilbourne's two letters for written permission (kitchen was under $500, no permit required).
3. In 6-2005 the city assisted Kilbournes in their making of a live photographic record of city files. Upon the city assisting Kilboumes
in making another photographic record of the city files a multitude of records had disappeared. However, items proving city
illegal and discriminatory actions, city admission of record falsification, and proof of city permit tampering remained intact
(collaborllting city oral testimonies). The city file was set up to prove all the city oral.testimonies.
4. Kilboumes wen~.supposed to file a discrimination suit against the city using the city tape fe(;orded testimonies, exorbitant city
depositioI1, contradictions, and city file records, to prove city discrimination and supposed cover up.
Set Up of LawsuifNumber Three
1. In mid December 2008 the city and attorney participated in actions indicating a further attempt to set up more litigation, and collect
litigation funds from city insurance pool and overall heightening of the city attorney budget.
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WHAT WE CAN TELL FROM CITY ACTIONS
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Conclusion: From)998-2004 why would the city (knowingly) on tape recording and in their official record: (1) set up four kitchens in
four areas of Kilbq;\ll1le's home?; (2) orally complain the construction sets up city zoning violations and then avoid open reevaluation?;
(3) while performipg three separate secret police zoning violation investigations?; (4) commit '!ctions and testimony of discrimination,
retaliation, and piRe fraud permit tampering on tape recording (knowingly)?; (5) process fourteen building applications and leave self
admissions of discfimination, permit manipulation, and record falsification intact in city files (losing non self incriminating records)?;
(6) set up the fourtfh kitchen on tape while they admit they are being taped, but refuse to answer two letters for written permission?
1
i""J'll . I .. , ""1""
~~n.~ i 'f /~hiH',j
r"1~\j -"'" t.,.::: ~\):J'.J
The answer is private profit. The (private) city attorney's office profited arguing case law the city had a right to enforcement removal
of construction conditions violating zoning ordinances. A (private) second city attorney profited arguing the pipe fraud. A third (private)
city attorney was to defend the discrimination lawsuit filed in response to city discriminatory admissions (filed after the construction
removallawsnit was lost). Any reasoning person knows the city department employees profited privately from their conjoint actions.
COURT COVER UP OF ACCUSATIONS AND EVIDENCE OF CITY FRAUD
1. Kilbourne told District Court the city had fraudulently set up the lawsuit and a second discrimination lawsuit. However, District
. Court refused to review Kilbourne's evidence, dismissed her statements as conclusory (unproven), and dismissed fraud claims.
2. Upon appeal to Appellate Court, Kilbourne reiterated complaints that the city had set up lawsuits. However, Appellate Court
decided in mder fm District Court's judgment to hold up, Kilbourne's statements must be deemed fact (accepted as proven),
so no tape recording review was necessary. Kilbourne quoted 276 fraud/estoppel case laws, then Appellate misquoted facts
dismissing Kilbourne's estoppel claims, but ignored Kilbourne's claim of city fraud entirely. (Estoppel: to stop someone's acts)
3. Upon appeal to Mirinesota Supreme Court Kilbourne pointed out: (1) District and Appellate Court judgments contradicted each other.
District deemed Kilbourne's statements unproven, Appellate deemed Kilbournes's statements proven, but both courts
refused to review the tapes and evidence suppmting fraud claims; (2) Appellate, avoided fraud entirely and dismissed estoppel
by misquoting facts (Kilbourne provided evidence/ facts). Minnesota Supreme Court refused to review the case.
4. Upon appeal to United States Supreme Court Kilbourne complained of all the items she listed to the Appellate Courts and provided
laws supporting upper courts had exceeded and violated their decision making ability in judgment. Court refused to review.
WHAT WE CAN TELL FROM COURT ACTIONS
KilbolUl1es told all courts she possessed city case crimes caught on tape and evidence supporting her claims. Kilbourne also told all
upper courts she had reported frauds, identity theft / transformation and money laundering to federal agencies before this lawsuit began.
Each court in turn refused to review the evidence for Kilbourne's fraud /estoppel claims while: ( 1) contradicting each other in judgment
(District! Appellate); (2) avoiding completely the existence of a fraud claim (despite fraud being the appeal's main theme) and upholding
estoppel's dismissal after misconstruing basic evidence facts (Appellate); and (4) refusing review (Minnesota / United States Supreme).
Kilbourne's statements for fraud deemed true by Appellate Court, untrue by District Court, as the evidence supporting her statements
would not be viewed by any court, but her fraud case dismissed. Supreme Courts would not review the contradiction. Why? Cover up
was occurring. Yet, Kilbourne reported an outlandish amount of fraudulent litigations (tied to other crime) in her federal agency report.
APPEAL'S NECESSITY
1. Kilbournes appeal for city council to overturn and reverse the unjust court decision, a decision court gave and upheld after
admitting they were refusing to review evidence for fraud. According to Appellate Court, Kilbourne's claim the city is
setting up lawsuits is proven (so no need to review the evidence for her statements found unproven by District Court)
2. Does the city now want to do the right thing or will they continue down the same path? The city attorney told Kilbourne in
inid December "its simple, remove the constmction or the city will remove it for you". This appalling, haughty, and unjust
attiulde bl tl1~.city attorney is outrageous. The bible states pride goes before destmction and a haughty before a fall. It also
says Godtequires us to do the right thing, love mercy, and walk humbly with God. (Proverbs 16: 18, Micah 6:8)
Sincerely,
Marcia Kilbollrne
216 W. Wilkins
Stillwater, Mn
2
~
~JUw~te~
'" ;:" " , " " . q " ."",,, ~')
City Council
DATE:
March 17, 2009
ITEM:
Possible funding for Lowell Park Reproduction Plaque
CC DATE:
March 17, 2009
PREPARED BY:
Michel Pogge, City Planner
DISCUSSION
Last spring local stonemason Paul Johnson volunteered his time to replace and restore the
stonework at the base of the Lowell Park Flagpole. During the same time, the flagpole was
rebuilt and artistic leaf work on the base flagpole was restored.
The last remaining item to be address is the replacement of the plaque that was stolen from the
flagpole in the late 1980' s. City Staff has contacted a number of plaque vendors (including the
company that made the original plaque) to produce a reproduction of the original. It became
clear that J. Paul Nesse was the only qualified individual to complete the reproduction plaque.
Mr. Nesse has completed a preliminary layout and has submitted a proposal to recreate the
plaque at a total cost of $5,377.00.
The Park and Recreation Commission and the Historic Preservation Commission have
discussed the replacement of the plaque. The HPC believes since the flagpole itself is a
contributing item in the Downtown Stillwater Historic District as listed on the National Registry
of Historic Places; that a reproduction plaque is appropriate.
FISCAL IMPACT
Since the replacement would be a custom crafted plaque the replacement cost is higher than a
standard "off the shelf" plaque. Since the flagpole is listed on the National Registry of Historic
Places, the City's insurance, through the League of Minnesota Cities, will cover all costs over
the City's $1000 deductable. The City previously paid Mr. Nesse $200.00 for his initial layout
work, which counts toward the city's deductable. The City would cover the remaining costs out
of the park operations budget ($133.00) and the HPC's historic restoration account ($667.00).
The Lion's Club is considering a request from the City to contribute $333.00 towards the plaque.
If the Lion's Club agrees, the Lion's Club contribution would be deposited back into the HPC's
historic restoration account.
STAFF RECOMMENDATION
Approve the expenditure of $800.00 to complete the reproduction plaque for the Lowell Park
Flagpole.
~
rillwater
-~ -:- -- ~
lH~RTHPl.~CE OF MINNESOIA ~
STANDARD CONTRACT AGREEMENT
THIS AGREEMENT, is made this day of , 2009 by and between
the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") Nesse Studios Inc.
(hereinafter called "Contractor").
1. The Work. The Contractor agrees to create and deliver a reproduction ofthe original Lowell
Park Flag Pole Plaque (hereinafter called "Plaque") according to the attached documents and
images. All work will be done in a workman-like manner and materials will be fit for the
purpose.
2. Payment. This work, including all labor, materials and equipment needed to create and deliver
the Plaque shall be completed by the Contractor for a total of$5,377.00 as shown on the attached
proposal. The City shall pay the contractor one-third ofthe cost ($1,792.33) upon execution of
this contract by both parties. The City shall pay the contractor the final two-thirds of the cost
($3,584.67) upon satisfactory completion, delivery and acceptance of the Plaque by the City.
3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the
Contractor. The Contractor does expressly forever release the City of Stillwater from any
claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or
connected with the work.
4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents,
servants or employees, as a consequence of any action or omission on the part of the Contractor
while engaged in the performance of this work shall in no way be the obligation or responsibility
of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and
employees, against any and all liability, loss cost damages, expenses, claims or actions, including
attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be
required to pay, arising out of or by any reason of any act or omission of the Contractor, its
agents, servants or employees in the execution, performance or failure to adequately perform
their obligations under this contract.
5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity
provisions set forth above, it will at all times during the term of this contract, keep in force
policies of insurance as indicated in this contract. The Contractor shall not commence work until
a Certificate of Insurance covering all of the insurance required by these specifications is
approved and a Notice to Proceed is issued by the City Engineer.
The insurance protection will have the following limits:
A. Comprehensive General Liability:
(1) Bodily Injury (including completed operations and products liability).
$500,000 Each Occurrence
$1,000,000 Annual Aggregate
(2) Property Damage Liability Insurance will provide Explosion, Collapse and
Underground coverages where applicable.
(3) Personal Injury, with employment exclusion deleted: $1,000,000 Annual
Aggregate
B. Comprehensive Automobile Liability:
(1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence
(2) Property Damage: $100,000 Each Occurrence
C. Worker's Compensation Coverage
6. Completion Date. Completion of the Plaque will be on or before July 1st, 2009.
IN WITNESS WHEREOF, the parties have set their hands this _ day of
,2009.
CITY OF STILLWATER By:
Ken Harycki, Mayor
By:
Diane F. Ward, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this of
Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater.
, 2009 by
Notary Public
Commission Expires:
Commissioned At:
/ /
CONTRACTOR
BY.~~
. a~esse, Owner
STATE OF MINNESOTA )
lAIn. Qh;,Mt ,^ ~ ss.
COUNTY OF ~ th
The foregoing instrument was acknowledged before me this U of tY\tlrC-~ ,2009 by J.
Paul Nesse, its Owner for Nesse Studios Inc. ~ ~ tlJ 1?0
Notary Public ~
Commission EXPires:Q~ 0 r I ~ /J ~
ConnmsslOned At: ,O~ '
UJe( S hi"j I"- Ot-L,!-Y
KAlHERINE M. ROGNESS
NOTARY PII8I.JC-M/NNESOTA
My Commlsslon,Expires 01/31/2010
Attached Documents - Page 1 of 3
J.PAUL
1ILe5Se
SCULPTURE
SoJd to;
Gf9 of StiJlwater
C/o Mike Pogge
LionJs P]a9ue Restoration P~eCt
Cost of reproduced) lettered, pattern with bronze casting: $"L571.
Cost ot sculpting, molding. and casting of Uonts head: $2;00.
(finished patina coloration of Pla9ue induded)
Total cost of reproduced P8Clue read'y for mounting: ~~~77.
Delivery of the completed finished plaque is included.
NOTE: Final costs of all C"..astings c.annot be ~ranteed until contract is
5P and delivered.
J. Nesse Studio
{,
11510 LOCKRiDGE. GRANT TOWNSHIP
STILLWATER, MN · 55082
(GS"'","~) 430.0460
ttached Documents - Page 2 of 3
On the bottom of the plaque the text "Flagpole Restoration
2008" with a modern Lions Club logo will be added.
Attached Documents - Page 3 of 3
a
ot
THE IUTH'LACI Of "...EI.,A
AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 North Fourth Street
MARCH 17, 2009
SPECIAL MEETING
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Budget Workshop
a. Revenue & Expenditures
4:30 P.M.
b.
5% cuts - Work in progress
REGULAR MEETING
7:00 P.M.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - Possible approval of March 3, 2009 regular and recessed minutes (Available
Monday).
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Bruce Were - McKusick Lake Testing
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. Out of respect for others in attendance. please
limit your comments to 5 minutes or less.
STAFF REPORTS
1. Police Chief
2. Fire Chief
3. City Clerk
4. Community Dev. Director
5. City Engineer/PWD
6. City Attorney
7. Finance Director
8. City Administrator
CONSENT AGENDA (Roll Call)
1. Resolution 2009-49, directing payment of bills
2. Resolution 2009-50, actions adopted by consent of the City Council of the City of Stillwater relating to
the Code Section 125 Plan (Flex Benefit)
PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes
or less.
1. This is the date and time for the public hearing and ordering the improvement for the 2009 Street
Improvement Project. Notices were mailed to affected property owners and published in the Stillwater
Gazette on February 27 and March 6, 2009. (Resolution - Roll Call)
2. Case No. 09-03. This is the date and time for a public hearing to consider a request from BWBR
Architects, Shannon Brambery, for a special use permit request for the remodel and expansion of the
mechanical room located at 927 West Churchill Street (Lakeview Hospital) in the RB, !wo Family
Residential District and any variances related thereto. Notices were mailed to affected property owners
and published in the Stillwater Gazette on February 20, 2009. (tabled from March 3, 2009)
UNFINISHED BUSINESS
1. Possible approval of Stillwater Criterium (Bike Race) Contract (Resolution - Roll Call)
2. Possible second reading of Ordinance No. 1006, an ordinance amending Section 38-3, Noise Control
and Regulations of the Stillwater City Code (151 Reading-Roll Call)
3. 4-plex regulation
4. Information on Traffic Safety Committee
NEW BUSINESS
1. Possible approval of special event - Annual Half Marathon Gopher to Badger 5K run
2. Possible accepting of bids and awarding contract for Ice Resurfacer for St. Croix Valley Recreation
Center (Resolution- Roll Call)
3. Possible approval of revisions (additions) to our State Aid street system (Resolution - Roll Call)
4. Request from Stillwater Area High School Girls Soccer Coach for fundraiser
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICATIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion on these items unless a Council Member or
citizen so requests, in which event, the items will be removed from the consent agenda and considered
separately.
2
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2009-49
1ST line/Leewes Ventures LLC
Ace Hardware
Advanced Sportswear
AHS Rescue LLC
American Engineering Testing
Ancom Communications, Inc.
Aramark Uniform Services
Armor Security Inc.
Aspen Mills
AT&T
BCA BTS
BCA/Training & Development
Beres Diane
Brc-Tex, Inc.
Burnsville Police Department
Carquest Auto Parts
CDW Government, Inc.
Clark, Luann
Coca-Cola Bottling Company
Commissioner of Transportation
CPMI
Cub Foods
Denny Hecker Auto Connection
East Suburban Conf Gate Split
Frank Madden & Associates
Galls
Glock Professional, Inc.
Gopher State One Call, Inc.
Graphics Media, LLC
Harris Service
Hartland Fuel Products, LLC
Holiday Credit Office
ISD 832
J.H. Larson Electric
Kustom Signals, Inc.
Larson Engineering, Inc.
League of MN Cities Insurance Trust
Lehmicke Construction Inc
life Safety Systems
Loffler Companies, Inc.
Menards
Metropolitan Council
MN Office Of Enterprise Tech
Minnesota Shredding, LLC
Concession Supplies
Repair Supplies
Ladies Polo W Logo
8MM Econ Water Rescue Throw line
Curve Crest Pond Maintenance
Xts Charger 800 Mhz
Mops & Towels
Monitoring Service 207 Nelson St. E.
Uniforms
Telephone
Intoxilyzer 5000 Recertification Class
LeMoine DARE Training
Refund for Contract Ice
Supplies
Fall CSI Wulfing,Spring CSI Sykes
Vehicle Repair Supplies
APC Backup
Cleaning PW & City Hall
Concession Supplies
2009 Bridge Safety Inspection Seminar
Stillwater Parking Structure
Concession Supplies
Vehicle Repaid
SW High School Boys Con Gate Split
Labor Relations Services
Sales Tax On Uniform
Armorer Course Kyle Sykes
Billable Tickets
20 # Xerographic Bond 36 x 500
Maintenance Agreement
Diesel
Unleaded Fuel
Maht High School Boys Conference Games
Ballasts for Dome lights
Pro Laser III
Refund Remaining Escrow Balance
LMCIT Claim # 11066984
Snow Removal
Repair Fire System
Computer Support
Brass Ball Valve
Wastewater Charge April 2009
February 2009 Wide Area Network Usage
Shredding
1,128.36
123.29
177.00
155.76
3,634.17
679.80
487.46
89.46
513.06
97.38
100.00
600.00
86.40
73.54
1,300.00
594.79
167.72
1,057.50
1,853.15
50.00
310,245.44
226.51
42.90
5,690.00
33.90
4.15
150.00
60.90
82.13
6,180.00
4,213.28
9.88
3,520.00
3,555.64
730.52
320.31
190.00
1,321.00
836.98
67.50
94.14
110,865.59
140.83
51.90
EXHIBIT" A" TO RESOLUTION #2009-549
North American Salt Co.
North St. Paul High School
Office Depot
Office Max
OnSite Sanitation
Onvoy
Pioneer Rim and Wheel Co.
R & R Specialties, Inc.
Reed Business Information
Riedel! Shoes, Inc.
RiverTown Newspaper Group
River Valley Printing, Inc.
Roseville Midway Ford
Springsted
St. Croix Boat & Packet Co.
Stillwater Area High School
Streicher's
Sun Newspapers
SW /WC Service Cooperatives
T-Mobile
Toll Gas & Welding Supply
TRI County law Enforcement Assoc
Tri State Bobcat, Inc.
Unique Paving Materials, Inc.
Wal Mart Community
Washington County Sheriff's Office
LIBRARY
Baker & Taylor
Baker & Taylor, Inc.
BWI
Budget Lighting
Demco
Ersland, Bill
Gaylord Bros, Inc.
MN Historical Society
Najarian, Kris
Random House, Inc.
Stringer Business Systems
Van Paper
Washington County Library
Xcel
Road Salt
Section Tournament Gate Receipts
Office Supplies
Office Supplies
Monthly Rental Northland Park
Monthly Telephone
Sq Jack
Blade Arm, Power Edge
Resurfacer Bid Posting
Skates for Resale
Publications
Forms, letterhead
luggage Rack
Issuance Fees GO CO Refunding Bonds 090
Manager
Stillwater High Boys Non Conference Game
Uniforms
Ordinance 1005
Retiree Health Insurance
Cell Phones
Acetylene
2009 Annual Dues
Rental of bobcat stock piling road salt
Asphalt winter mix
Electrical Tape
2009 Alerts
Books
Books
Children's Books
Light Bulbs
Processing Supplies
Art Equipment
Processing Supplies
Newspaper Microfilm
Refund
Audio
Maintenance Agreement
Janitorial Supplies
Software Licenses
Utilities
Page 2
5,487.41
1,022.00
819.89
269.60
56.44
514.00
89.18
492.14
172.20
418.31
247.20
894.60
431.14
45,770.10
63,235.03
2,359.00
8,189.17
194.76
37,919.44
41.63
27.63
50.00
770.70
542.72
28.03
2,500.00
108.57
945.69
71.84
193.21
51.40
135.00
14.93
92.50
30.00
60.80
46.32
445.21
93.31
5,830.20
EXHIBIT" A" TO RESOLUTION #2009-49
MANUALS FEBRUARY 2009
ASS Company
AT&T
Enterprise Products
IDS 834
Lanoga Corporation
Qwest
Semler, John
Washington County Office of County Recorder
Waste Management Savage
Xcel
Payment 2nd Half 2008 TIF #1
Telephone
Propane
2008 Collections for TIF #1 & TIF #4
Pymt 2nd Half 2008 TIF # 1 UBC Project
Telephone
Pymt 2nd Half 2008 TIF # 1 Readex Project
Recording Fees
Final Pymt of 2008 Delinquent Certification
Utilities
Page 3
2,893.34
63.60
57.08
136,349.22
7,115.81
57.84
5,061.90
533.15
14,321.50
22,410.85
ACTIONS TAKEN AND RESOLUTIONS ADOPTED BY CONSENT
OF THE CITY COUNCIL OF THE CITY OF STILLWATER RELATING TO THE CODE
SECTION 125 PLAN (FLEX BENEFIT)
The undersigned, being all of the members of the City Council of City of Stillwater (the
"Employer"), hereby adopt the following Resolution by unanimous consent and direct that this
Consent Resolution be entered in the minute books of the Employer.
WHEREAS, the Employer previously adopted a Code Section 125 plan and a Code Section
105 Health Care Spending Account ("HCSA"), collectively referred to 'as the Flexible Benefits
Plan (the "Plan");
WHEREAS, effective June 17, 2008, the Heroes Earnings Assistance and Relief Tax Act (the
"Act") permits an HCSA to allow HCSA participants who are qualified reservists to elect a
qualified reservist distribution (the "Qualified Reservist Distribution"), which is a taxable
distribution of all or a portion of the participant's HCSA balance; and
WHEREAS, effective January 1, 2009, the Employer desires to amend the Plan as set forth in
the attached amendment and Summary of Material of Modifications to allow for a Qualified
Reservist Distribution that is consistent with the requirements set forth in the Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater has
hereby reviewed the attached amendment and Summary of Material Modifications and does
hereby approve the adoption of the Qualified Reservist Distribution as set forth therein;
BE IT FURTHER RESOLVED, that the City Administrator is authorized and directed to take
any and all action as may be necessary to effectuate this Resolution.
Adopted by the Stillwater City Council this 3rd day of March, 2009.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
,
,
secure benefits systems
Dear Flex Plan Sponsor,
In June of 2008, IRS enacted the Heroes Earnings Assistance and Tax Relief Act of 2008. This relief act
allows for a reservist being called up for active duty for 180 days or more or an undetermined period of
time, to have full access to their accumulated Section 125 Unreimbursed Medical dollars without claim
substantiation.
Attached you will find a Board of Directors Resolution, Plan Amendment and Summary of Material
Modifications for employees. This amendment needs to be adopted and put with your Plan Documents,
thus keeping your plan compliant. We do not need signed copies returned to us.
If you have any employees who fall into this category and they request funds from us, we will need
written substantiation of their call up to release the funds. This regulation does not apply to day care
money. All funds distributed due to this regulation will be treated as ordinary income for the year and is
subject to all appropriate taxes.
If you have any questions regarding this, please feel free to call me.
~:kC.
Frank C. Johnson
box 469
okoboji, iowa 51355
bus. 712-336-0203
fax 712-336-0208
800-562-8454
www.sbsc.info
AMENDMENT TO THE
FLEXIBLE BENEFITS PLAN
This Amendment to the Flexible Benefits Plan (the "Plan") is adopted by City of
Stillwater (the "Employer"), effective as of the dates set forth herein.
NOW, THEREFORE, effective as set forth below, the Plan is amended as follows:
A. Effective January 1, 2009, the following provisions should be added to the Definitions
Section, and subsequent definitions should be renumbered accordingly:
"Qualified Reservist Distribution" means a distribution to an individual of all or a
portion of the balance in such individual's Health Care Spending Account if:
(i) while a Participant, such individual was, by reason of being a member of a
reserve component (as defined in section 101 of title 37, United States
Code), ordered or called to active duty for a period of 180 days or more, or
for an indefinite period, and
(ii) such distribution is made no earlier than the date of such order or call and
no later than the last date that reimbursements could otherwise be made
under the Health Care Spending Account for the for the Plan Year which
includes the date of such order or call described in (i).
B. Effective January 1,2009, the following provisions should be added to the Plan:
The amount of the Participant's Pre-tax contributions allocated to the HCSA
during the Plan Year that have not been applied to provide Health Care
Reimbursements determined as of the date the Plan Administrator receives an
election for a Qualified Reservist Distribution ("Determination Date") made in
accordance with the Employer's policies and procedures. Qualified Reservist
Distributions will be made without regard to claims incurred and submitted but
not yet reimbursed as of the Determination Date. Notwithstanding anything to
the contrary, Participants who elect to receive a Qualified Reservist Distribution
forfeit any right to reimbursement that would otherwise be available under the
Plan.
If, it is determined that a Participant has received a Qualified Reservist
Distribution for the applicable Plan Year in excess of the amount allowed by the
provision above, the Plan Administrator shall give the Participant prompt written
notice of any such excess amount, and the Participant shall repay such excess to
the Employer within sixty (60) days of receipt of such notification.
City of Stillwater
By:
Title:
SUMMARY OF MATERIAL MODIFICATIONS TO THE FLEXIBLE SPENDING ACCOUNT
PLAN (the "Plan")
This document summarizes important changes to your Flexible Spending Account Pltln. If you have
any questions regarding the changes summarized in this Summary of Materitll Modifications
("SMM"), you should contact Secure Benefits Systems. You should keep a copy of this SMM with
your Summary Pltln Description for future reference.
Effective January 1,2009, the Employer has established a "qualified reservist distribution" for the HCSA
offered under the Flexible Benefits Plan that allows certain Participants to request a distribution of unused
HCSA funds, if any, in the event that the Participant is called or ordered to active military duty for (i) 180
days or more or (ii) for an indefinite period.
In order to be eligible for a Qualified Reservist Distribution, you must:
o be a member of a "reserve component" (as defined in section 101 of title 37 of the United States
Code), which means a member of the Army National Guard; the Reserve for the U.S. Army,
Navy, Marine Corps, Air Force, or Coast Guard; Air National Guard of the United States; or the
Reserve Corps of the Public Health Service;
o be called or ordered to active military duty for (i) 180 days or more or (ii) for an indefinite period;
o be a Participant in the HCSA on the date you are called or ordered to duty; and
o satisfy the Plan's election requirements for Qualified Reservist Distributions.
If you believe you are eligible for a Qualified Reservist Distribution, you must contact the Administrator
to request a distribution request form as soon as possible but no later than the date established by the
employer to elect a Qualified Reservist Distribution. A request for a Qualified Reservist Distribution
must be made in writing on the form provided by the Administrator and may require that you submit
proof of your reservist status and the length of your leave. Applicable law indicates that Qualified
Reservist Distributions can be made no earlier than the date you are called or ordered to duty and no later
than the last date that reimbursements may be made for the Plan Year that includes the date you were
called or ordered to active duty. The amount of your Qualified Reservist Distribution will equal your
Pre-tax contributions allocated to the HCSA during the Plan Year that have not been applied to
provide Health Care Reimbursements determined as of the date the election is timely received by
the Plan Administrator ("Determination Date"). Qualified Reservist Distributions will be made
without regard to claims incurred and submitted but not yet reimbursed as of the Determination
Date. Notwithstanding anything to the contrary, if you elect to receive a Qualified Reservist
Distribution, you forfeit any right to reimbursement that would otherwise be available under the
Plan.
Unlike your reimbursements from your HCSA for eligible expenses, the amount of your Qualified
Reservist Distribution is generally taxed as income and will likely be reported as income on your W-2.
Qualified Reservist Distributions do not apply to amounts in your DCSA.
MEMORANDUM
TO: Mayor and City Council
FROM: Torry Kraftson, Assistant City Engineer C;;;:f( I<
DATE: March 11,2009
SUBJECT: 2009 Street Improvement Project
Project 2009-02
DISCUSSION
The public hearing for the 2009 Street Improvement Project is scheduled for March 17,2009 at
7:00 pm. Attached are copies of the feasibility report (approved 2/17/09) and the public hearing
notice sent to the affected property owners.
Two neighborhood meeting were held for the proj ect on January 13 th and March 10th. The
meetings were well attended and allowed staff and residents to share ideas and information.
Street widths, signage, and drainage improvements have been adjusted based on feedback from
residents.
RECOMMENDATION
It is recommended that Council hold the required public hearing and if Council desires, pass a
resolution ordering the improvement and directing the engineer to prepare plans and
specifications. It should be noted that the resolution to order the improvement requires a 4/Sths
majority vote.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting
RESOLUTION 2009- ORDERING IMPROVEMENTS AND PLANS &
SPECIFICATIONS FOR THE 2009 STREET IMPROVEMENT PROJECT 2009-02.
ORDERING IMPROVEMENT AND PREPARATION
OF PLANS & SPECIFICATIONS FOR TJiE
2009 STREET IMPROVEMENT PROJECT
(PROJECT 2009~02)
WHEREAS,_a resolution of the City Council adopted on February 17,2009 fixed a date
for a council hearing on the proposed 2009 Street Improvement project; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was held thereon on the 17th day of March 2009, at which time all persons
desiring to be heard were given an opportunity to be heard thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted
the 17th day of March 2009.
3. City of Stillwater Engineering Department is hereby designated as the engineer for
this improvement. They shall prepare plans and specifications for the making of such
improvement.
Adopted by the Council this 17th day of March 2009.
Ken Harycki, Mayor
Attest:
Diane F . Ward, City Clerk
February 20, 2009
Subject: Public Hearing on 2009 Street Improvements (Project 2009:"02)
Dear Property Owner:
The City Council accepted the feasibility study for the 2009 Street Improvement Project at the
February 17th City Council meeting. A copy of the feasibility report is enclosed. The report and
slide presentation are also available on the City website (www.stillwater.mn.us) by clicking on
City Departments, then Engineering, then Construction Projects.
A second neighborhood meeting for the project has been scheduled for:
Tuesday, March 10th at 7:00PM in the Council Chambers
At the neighborhood meeting we will present design updates and preliminary project costs and
assessments. There will be a brief presentation followed by interaction with Engineering staff.
The official public hearing for the project will be held in the Council Chambers on
Tuesday, March 17 at 7:00PM.
An official notice for the meeting is enclosed. The public hearing for this proposed project is
your opportunity to voice your comments prior to the Council making a final decision on
whether to proceed with this project. You may participate in the hearing by attending and
voicing your comments or by sending a letter to the Council prior to the meeting. If you have
any questions please give me a call at (651) 430-8831 or send an email to
tkraftson@ci.stillwater.mn.us.
Sincerely,
~1~
Torry Kraftson, PE
Assistant City Engineer
CITY HAll: 216 NORTH FOURTH STREET . STillWATER, MINNESOTA 55082
PHONE: 651-430-8800 . WEBSITE wwwcistillwater.mn.us
r illwater
~ ~
THE BIRTHPLACE OF MINNESOTA ~
NOTICE OF PUBLIC HEARING FOR
2009 STREET IMPROVEMENTS
PROJECT 2009-02
February 20,2009
Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will
meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082
at 7:00 p.m. or as soon as possible thereafter, on Tuesday, March 1 i'\ 2009, to consider the street,
water, storm and sanitary sewer improvements.
The area proposed to be assessed for such improvement is properties abutting Johnson Drive,
Johnson Court, Cottage Drive, Myrtle Street (3rd St. to 5th St.), 3rd Street (Myrtle St. to Chestnut
St.), Ramsey Street (Grove St. to Greeley St.), Center Street (Myrtle Street to Ramsey Street),
Willard Street (Greeley St. to Owens St.), Owens Street (Willard St. to Olive St.), Harriet Street
(Myrtle St. south to ravine), Martha Street (Myrtle St. south to ravine), Everett Street (Myrtle St.
south to ravine), Hawthorne Lane, Northland Avenue (Hawthorne Lane to County Road 12). The
estimated cost of the improvements is $1,607,850. A reasonable estimate ofthe impact of the
assessment will be available at the hearing. Such persons as desire to be heard with reference to
the proposed improvement will be heard at this meeting.
Diane Ward
City Clerk
Published in Stillwater Gazette on February 2ih and March 6th.
CITY HALL: 216 NORTH FOURTH STREET . STillWATER, MINNESOTA 55082
PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us
MEMORANDUM
TO:
Mayor and City Council
FROM:
Torry Kraftson, Assistant City Engineer g,-/~, 0;<
DATE:
February 12, 2009
RE:
Feasibility Study for the 2009 Street Improvement Project
Project No. 2009-02
INTRODUCTION
In keeping with the Annual Street Improvement Project Study, it is proposed that the
following streets be improved for the 2009 Street Improvement Project:
· Johnson Drive and Johnson Court
· Cottage Drive
. Myrtle Street (3Td St. to 5th St.)
. 3Td Street (Myrtle St. to Chestnut St.)
· Ramsey Street (Grove St. to Greeley St.)
· Center Street (Myrtle Street to Ramsey Street)
· Willard Street (Greeley St. to Owens St.)
· Owens Street (Willard St. to Olive St.)
· Harriet Street (Myrtle St. south to ravine)
· Martha Street (Myrtle St. south to ravine)
· Everett Street (Myrtle St. south to ravine)
. Hawthorne Lane
· Northland Avenue (Hawthorne Lane to County Road 12)
EXISTING CONDTIONS
The 2007 pavement management plan identified these streets in poor or worst condition.
The above listed streets range in age from 25 to 40 years and have reached the end of
their pavement life, Pavement failure is exhibited by rutting, settling, and extensive
cracking.
The streets with existing concrete curb and gutter are Johnson Drive, Johnson Court,
Cottage Drive, Myrtle Street, 3Td Street, Hawthorne Lane, Northland Avenue and Ramsey
Street between Grove Street and Sherburne Street. The concrete curb and gutter is
generally in good condition. There is asphalt or nonexistent curb on Center Street, .
Owens Street, Willard Street, Martha Street, Harriet Street, Everett Street, and Ramsey
Street between Sherburne Street and Greeley Street.
There is existing sidewalk on Myrtle Street, Cottage Drive, and Northland Avenue. The
sidewalks along Myrtle Street and Cottage Drive were repaired in the 2008 Sidewalk
Rehabilitation Project. Sidewalk repairs are not anticipated as a part of the project.
The water system is primarily in good condition. The water board has identified 15
homes in the area with galvanized water services. These galvanized services were
installed in or prior to the 1940s and have a high tendency to corrode and rupture.
Replacing these services during the street improvement project is cost effective and helps
to prevent future repairs beneath reconstructed streets.
The sanitary sewer department is in the process of completing sewer televising of the
sanitary sewer mains on the project. The sewer main in Center Street cannot be cleaned
or maintained due to cracks in the pipe, joint separation, and root problems. The sanitary
sewer main on Hawthorne Lane has had previous problems with backups due to
protruding roots. There have been no problems with backups in the past 5 years since
root-cutting was performed and some trees were removed along Hawthorne Lane. The
storm sewer pipes are generally in good condition. However, many of the catch basins
on the project have obsolete castings and broken-up grout on the interior of the structure.
PROPOSED PROJECT
A mill and overlay is proposed for Myrtle Street and 3rd Street. No sidewalk repair is
planned except for updating pedestrian ramps to current standards. A full depth
pavement reclamation is proposed for the remaining streets. The existing concrete curb
would remain in place on Johnson Drive, Johnson Court, Cottage Drive, Hawthorne
Lane, Northland A venue, and Ramsey Street (between Grove Street and Sherburne
Street). New concrete curb and gutter would be installed on Harriet Street, Martha Street,
Everett Street, Willard Street, Owens Street, Center Street and Ramsey Street (between
Sherburne Street and Greeley Street).
A summary of the soil borings which were taken on the project indicates 3 inches of
existing pavement, 3 to 4 inches of gravel, and a silty sand sub-base. The existing
pavement would be reclaimed, milled, and mixed with the existing gravel base. An
asphalt base course of 2. 5 inches would be placed followed by a 1.5-inch wear course.
Approximately 30 catch basins would be replaced or rehabilitated. To meet the
requirements of the Middle Saint Croix Watershed Management Organization
(MSCWMO), three rain gardens would be constructed. A storm sewer pipe would also
be installed in the Myrtle Street Ravine concurrent with the street project. The ravine is
marked by gullies and significant wash-outs that have been caused by storm runoff.
During significant storm events, sediment is deposited in the lower reaches ofthe ravine
and is also carried into the Saint Croix River.
A storm water basin would be constructed in the ravine bottom just east of Harriet Street.
The proposed basin would allow runoff to settle out and would infiltrate up to a I-inch
..
st01111 event, thereby reducing pollutant loading from the basin by 80%. The ravine
project would be funded through the storm water utility fund.
The 15 galvanized water services within the project area would be replaced with copper
service pipe. Property owners would have the opportunity to replace the services prior to
the project or have them replaced and assessed as a part ofthe project. Sanitary sewer
main would be replaced on Center Street and other specific locations on the project as
determined by sewer televising.
PROJECT COST AND FINANCING
Myrtle Street Ravine Construction Cost
$300,000
The Myrtle Street Ravine would be funded from the storm water utility fund.
Street Improvement Project Cost (includes engineering, admin.)
$1,607,850
The project cost estimate for the street improvement project includes $32,000 to replace
galvanized water services. The property owners with the galvanized services would pay
100% of this cost in accordance with the assessment policy. It is proposed that all
remaining costs be recovered 50% by special assessments and 50% from City funds. A
breakdown of the proposed assessments by street is provided below.
Cottage Drive
$177,100
Cottage Drive consists of all multifamily properties with individually owned units on the
west side of the street and rental units on the east side of the street. It is proposed that the
project cost would be distributed among the 232 total dwellings by the unit method.
Under a 50% assessment ratio, the preliminary unit assessment is $381.68. The 52
individually owned units on the west side of the road would each receive an individual
unit assessment. The property owner of the rental units on the east side of the road would
receive a combined assessment for the 180 rental units.
Johnson Drive, Johnson Court, Hawthorne Lane, Northland Avenue, Ramsey
Street, Center Street, Owens Street, Willard Street, Harriet Street, Martha Street,
Everett Street $1,274,252
It is proposed that properties with existing concrete curb and gutter receive lower
assessments since those properties have already received concrete curb and gutter
installation costs. The streets with existing concrete curb and gutter are Johnson Drive,
Johnson Court, Cottage Drive, Hawthorne Lane, Northland Avenue, and Ramsey Street
(between Grove Street and Sherburne Street). The streets proposed to receive new
concrete curb and gutter are Harriet Street, Martha Street, Everett Street, Willard Street,
Owens Street, Center Street and Ramsey Street (between Sherburne Street and Greeley
Street).
It is proposed that the front footage method be used for the City property (Northland Park
and 3 lots on Johnson Court) and the commercial property on the north side of Ramsey
Street between Greeley Street and Owens Street. With the front footage method, an
adjusted front footage is calculated for each property based on the procedure established
in the assessment policy. Under a 50% assessment ratio, the preliminary front footage
assessments would be $47.71 for properties with concrete curb and gutter and $61.21 for
streets without concrete curb and gutter.
The single and multi-family properties are proposed to be assessed by the same method
that was used for the 2008 Street Improvement Project.
Standard interior lot: 1 unit
Vacant or sub-dividable lot: 1 unit to be deferred until lot is built on
Comer lot: 0.5 units for each side reconstructed
Multifamily lot: 1 unit + 0.2 units for each additional occupancy
There are 5 multifamily properties along these streets and 1 vacant lot. There are 74.7
assessment units along the streets with concrete curb and gutter and 28.6 assessment units
along the streets without concrete curb and gutter. The preliminary unit assessment for
properties with concrete curb and gutter is $4,815 and the preliminary unit assessment for
properties without concrete curb and gutter is $6,445. Galvanized water service
replacement would be charged 100% to the property owner at a preliminary assessment
rate of $2,000. The following table summarizes the types of properties on the project and
the proposed assessment rates.
Myrtle Street
$156,500
Since the properties along Myrtle Street and 3rd Street are a mixture of residential,
commercial, and institutional properties, it is proposed that the front footage assessment
method be used for the commercial and institutional properties and the unit method for
the residential properties. There are 924 feet of commercial property and 12.4 residential
units as determined by the above-mentioned unit method. Under a 50% assessment ratio,
the front footage assessments for Myrtle Street would be $47.57 per foot. The
preliminary unit assessment for the residential properties would be $2,685. There are two
galvanized water service replacements proposed on Myrtle Street which would be
charged 100% to the property owners at a preliminary assessment rate of$3,000 per
property owner. Since only a mill and overlay is proposed on Myrtle Street, the
galvanized service replacement cost includes restoration of curb, sidewalk, and
bituminous base course.
.'
Assessment Summary Table
Assessment Adjusted Assessment Assessment
Street Rate Front footage Units Amount
Myrtle Street commercial $47.57/ foot 924 $43,955
Myrtle Street residential $2,685/unit 12.4 $33,294
Cottage Drive multi-family $381.68/ unit 232 $88,550
Commercial on Ramsey $61.21/ foot 146 $8,937
Curbed other than Myrtle, Cottage $4,815/ unit 74.7 $359,681
Residential non-curbed $6,445/ unit 28.6 $184,327
Assessment Subtotal (50%) $718,744
City share $857,106
Galvanized water (100%) $2,000/ service 13 $26,000
Galvanized water on Myrtle (100%) $3,000/ service 2 $6,000
Street Improvement ProjectCost $1,607,850
Myrtle Street Ravine Cost $300,000
Combined Project Cost $1,907,850
PROPOSED SCHEDULE (PRELIMINARY)
Febmary 17 ............................Feasibility Study
, March 17 ................................Public Hearing
April 7 ....................................Approve plans
May 5 .. ........ ........... ................A ward bid
May through August ..............Construction
September 16 ......... ...... .... ......Assessment Hearing
RECOMMENDATION
Since the project is feasible from an engineering standpoint and the project is cost
effective, it is recommended that Council accept the feasibility report for the 2009 Street
improvement Project and order a public hearing to be held on March 17,2009 at 7:00PM.
ACTION REQUIRED
If Council concurs with the re.commendation they should pass a motion adopting
Resolution No. 2009-_, RESOLUTION RECEIVING REPORT AND CALLING
HEARING ON 2009 STREET IMPROVEMENT PROJECT, (PROJECT 2009-02).
PROPOSED 2009 FEASIBILITY STUDY AREA
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Planning Report
DATE:
February 23, 2009
CASE NO.: 2009-03
APPLICANT:
Shannon Bambery, BWBR Architects
PROPERTY OWNER:
Lakeview Hospital
REQUEST: Special Use Permit for mechanical room addition
LOCATION: 927 W. Churchill St.
PUBLIC HEARING: February 9, 2009 - Planning Commission
March 3,2009 - City Council
REPORT AUTHOR: Bill Turnblad, Community Development Director
BACKGROUND
Last year Lakeview Hospital requested the City to approve a multiple-phase campus expansion
plan. The hospital board decided not to proceed with that plan and withdrew their request.
Instead of expansion, the board would like to proceed with a remodeling plan. At some time in
the future, an expansion plan may be re-examined.
The current remodeling project incorporates three main components:
1. Relocate the existing oncology department from Circle 2C into the Greeley Clinic
building and remodel the vacated space to provide patient rooms.
2. Remodel the existing pharmacy to meet USP 797 requirements and provide
additional storage/work area.
3. Remodel the existing patient rooms in Circles lA, IB, Ie.
Remodeling the existing patient rooms triggers a requirement that the air handling units for the
patient rooms be upgraded. This in turn necessitates an expansion of the mechanical room in
order to stage construction and keep departments functioning.
The required mechanical space would be approximately 2,500 square feet to accommodate a
larger single air handler, which would replace four existing smaller units. However, with the
potential for future remodeling or expansion, the hospital would like to construct a 5,500 square
foot addition for mechanical equipment. The hospital would likely bid the larger size as an add
.
Lakeview Hospital
Page 2 of3
alternate to the construction documents, but might not construct the extra space at this time.
N ever the less, the hospital felt they should request approval of the "worst case" largest size.
SPECIFIC REQUEST
Approval of a Special Use Permit to allow the construction of a 5,500 square foot mechanical
room addition.
EVALUATION OF REQUEST
The hospital site is located within two different zoning districts. The northern portion of the site
is zoned RB, Two-Family Residential. The southern portion of the site is zoned RA, Single
Family Residential. The mechanical addition would be located wholly within the RA district.
Hospitals are allowed by Special Use Permit in the RA Zoning District. Each expansion project
since 1976 has been by Special Use Permit. The proposed mechanical room would also need a
Special Use Permit.
Key Issues
a) Building Height
Buildings in the RA Zoning District are limited to 35 feet or less in height. The
mechanical addition will be 14' 3" tall, which is permitted in the Zoning District.
Perhaps more importantly, the height of the addition is largely masked from view by the
topography of the property and the existing parking ramp. Since it would be located at
the lower south level of the facility, the building as seen from Everett Street would only
be about four to six feet above grade. This can be seen in the attached graphics.
b) Parking & Traffic
Parking and traffic volume should not change with the remodeling. The plan is not to
increase capacity, rather to reorganize and update existing space.
c) Impervious cover
The current impervious coverage for the RA zoned portion of the site is 25.12%. The
proposed coverage would be increased to 26.68%. The RA district allows 30%
impervious coverage. Therefore, no variance is required.
Special Use Permit requests for hospital and other institutional uses are required to have a public
hearing before both the Planning Commission and the City Council. The Planning Commission
held their hearing on February 9,2009.
ALTERNATIVES
The City Council has the following options available:
1. Approve the Special Use Permit for the mechanical room addition.
2. Deny the Special Use Permit. Findings of fact should accompany a motion for denial.
Lakeview Hospital
Page 3 of3
3. Table the request for more information.
RECOMMENDATIONS
Planning Commission
The Planning Commission unanimously recommended approval of the Special Use Permit for
the mechanical room addition with two conditions:
1. Middle St. Croix Water Management Organization (WMO) rules shall be satisfied in
terms of storm water management and erosion control. Prior to issuance of a building
permit, the grading plan for the project must incorporate the WMO rules and be approved
by the City Engineer.
2. The exterior architectural treatment of the wall facing Everett Street shall compliment the
exterior treatment of the existing hospital.
Staff
Staff recommends approval of the Special Use Permit request with the two conditions adopted by
the Planning Commission.
cc: Shannon Bambery, BWBR Architects
attachments: Resolution
Plan and elevation graphics (6 pages)
RESOLUTION NO. 2009-
RESOLUTION APPROVING A SPECIAL USE PERMIT
TO CONSTRUCT A MECHANICAL ROOM ADDITION
FOR LAKE VIEW HOSPITAL AT 927 WEST CHURCHILL
CASE NO. 2009-03
WHEREAS, Lakeview Health Systems made application for approval of a
Special Use Permit for a 5,500 square foot mechanical room addition to Lakeview
Hospital, located at 927 W Churchill; and
WHEREAS, the property upon which Lakeview Hospital is located is zoned both
RA, Single Family Residential and RB, Two Family Residential; and
WHEREAS, hospitals are allowed by Special Use Permit in both the RA and the
RB zoning districts, as are additions to hospitals; and
WHEREAS, City Code Chapter 31, Section 31-207 establishes a process for
reviewing requests for specially permitted uses; and
WHEREAS, according to the established process, the Planning Commission held
a public hearing on February 9, 2009 to discuss the mechanical room addition, during
which time no public testimony was offered, and the Planning Commission made a
unanimous recommendation that the City Council approve the Special Use Permit with
conditions, which are found below; and
WHEREAS, on March 3,2009 the City Council held a public hearing to consider
the Special Use Permit request and found it to be consistent with the City's
Comprehensive Plan and compatible with its surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves a Special Use Permit for a 5,500 square foot mechanical room
addition to be located on the southeastern portion of the Lakeview Hospital property,
with the following conditions:
1. The site shall be developed in substantial conformance with the following
plans on file with the Community Development Department:
· Proposed Addition (site plan) dated 1/16/09
· Bird's Eye View from Southeast dated 1/16/09
. Street Level View from Southeast dated 1/16/09
2. Middle St. Croix Water Management Organization (WMO) rules shall be
satisfied in terms of stormwater management and erosion control. Prior to
Lakeview Hospital
Page 2 of2
issuance of a building permit, the grading plan for the project must
incorporate the WMO rules and be approved by the City Engineer.
3. The exterior architectural treatment of the wall facing Everett Street shall
compliment the exterior treatment of the existing hospital.
Enacted by the City Council of the City of Stillwater, Minnesota this 3rd day of March,
2009.
CITY OF STILL WATER
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, Clerk
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8TH ANNUAL
NATURE VALLEY GRAND PRIX
STILL WATER CRITERIUM
THIS AGREEMENT is made this _ day of February, 2009 between the CITY
OF STILLWATER, Washington County, Minnesota ("City"), and the MINNESOTA
BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation ("Festival").
RECITALS
1. Bicycle Race. The City hereby authorizes Festival to organize and conduct
a bicycle race to be known as the "Stillwater Criterium" (and/or the "Race") in order to
foster and promote tourism within the City of Stillwater and the St. Croix Valley and
encourage commerce within the City that will ultimately increase property values and the
quality oflife within the City, thereby promoting the welfare of the City. The Race will be
set up on June 13,2009 and the Race held on June 14,2009.
2. The Race. The Stillwater Criterium will include three divisions: pro/elite
men, which will be 60 minutes; pro/elite women, which will be 45 minutes; and advanced
amateurs, which will be 40 minutes; and a two block long kids race.
3. Race Route. The races will start at the intersection of Chestnut and 2nd
Street, traveling south on 2nd Street to Pine Street, turn east on Pine to Broadway; then
south on Broadway to Churchill, west on Churchill to 1st Street, north on 1st Street to
Willard, west on Willard to 2nd Street, north on 2nd Street to Pine to the fmish line.
4. Starting and Finish Line. The Race starting line will be on Chestnut and
2nd Streets. Pine and Second will be the finish line.
r
5. Fees. Festival will pay to the Greater Stillwater Chamber of Commerce
(Chamber), for retention in a fund held for beautification of Downtown Stillwater, an
impact fee of [$1.00] per participant. This impact fee will not be itemized as a separate
charge on registration forms or other race related documents.
6. Parking Control. The purpose of the Parking conditions is to ensure that
Downtown businesses retain parking availability for their customers during the Race. To
further this purpose,
(a) The City will:
1. Close Downtown City parking lot on Second Street between
Chestnut and Olive and post it "No Parking on Race Day."
(b) Festival will:
1. Promote parking inside the course or up the hills by Race
participants, volunteers, officials, organizers and anyone traveling to
Stillwater specifically for the race by including a parking map and
information, along with confirmation cards sent to all Race
participants, and on other pre-Race promotional literature.
11. Festival will also encourage participants to travel to the event by
bicycle and will provide a secure bike corral.
7. Traffic Control Points. The intersections of all streets and roads on the
Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed
to cross the course at every intersection, bicycle traffic permitting. In addition, Race staff
will assist residents with homes on the course in getting out of their driveways and
escorting them to the nearest cross street, bicycle traffic permitting. Residences with
homes on the course will receive a direct mailing from Festival informing them of specific
Race timelines and will be given a direct "hot line" number to reach on Race day. Further,
on the night before the Race, Festival will attempt to make personal contact with owners of
2
vehicles that appear to be parked on the Race course. This will be done in conjunction
with the Stillwater Police Department. Every effort will be made to minimize or even
eliminate the involuntary towing of vehicles because of the Race. By April 1, 2009, a
Road Closure Plan must be agreed upon by Festival and the Stillwater Police Chief.
8. Garbage and Rubbish Removal. All garbage and refuse generated by the
Race, including that left by spectators, will be removed properly and disposed of by
sundown on the day of the Race.
9. Portable Toilets. Festival will provide approximately _ portable toilets
that will be placed near the starting line, near the finish line, and spotted throughout the
course in keeping with Standard Race Requirements. All portable toilets will be removed
by the close of business on Monday, June 22, 2009.
In the event that all portable toilets are not removed in accordance with this
requirement, the City is authorized to contract for and remove the toilets and add to costs
so incurred to the costs that Festival is required to pay pursuant to S 17 of this Agreement.
10. Water Stops and First Aid Stations. Water and first aid stations will be
established at the start, finishes, and throughout the race course in keeping with national
standards for bicycle races.
11. Emergency Plan. The Race emergency plan will be designed by Festival
with the assistance of Police, Fire Departments, and Lakeview Hospital Emergency
Services.
12. Closing of the Course. Barricades and cones will be pre-placed on the
Friday or Saturday before the Race and pulled into place on June 14th prior to the race.
3
All barricades and cones will be removed and the Race courses closed by 4:00 p.m. on
Race day.
13. Insurance. Hold Harmless. and Indemnity. The Festival agrees to
indemnify and hold harmless the City with regard to any claims, causes of action or
demands that might be brought against the City arising out of the events authorized by this
Agreement; and further, Festival agrees to provide to the City evidence of insurance
coverage of at least $1,200,000 of combined single limits covering claims that might be
brought against them that arise out of the events authorized by this Agreement and to name
the City as an additional insured on their policy "as their interest may appear."
14. Public Information. Festival will make every reasonable effort to notify
property owners and businesses along the Race courses of any restrictions that might be
placed upon their movements during the Race. Leaflets providing this information will be
delivered to each such owner by mail two weeks before the race and delivered to the
mailbox of each owner on the Friday before Race day.
15. Police Power. The City reserves the right to shut down the Race in the
event the Chief of Police determines that the public safety is threatened, or the health or
safety of Race participants is threatened because of weather, temperatures, or any
unforeseen cause that threatens the public health or safety or if closure is directed by the
Medical Doctor designated by the Race in the Emergency Plan.
16. Use of Triangle Park. A picnic will be held in Triangle Park in conjunction
with the Race. Stillwater area groups will be encouraged to add family activities to the
activities at the neighborhood picnic.
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17. City Costs. Festival must reimburse the City for the costs of the City Police
Department, Public Works Department, and Fire Department needed to safely conduct and
maintain the Race and supporting events. A deposit must be made with the City by
Festival no later than one week before the Race in the estimated amount of City costs, as
determined by the City Administrator after consultation with Festival.
18. Term. The term of this Agreement will be one year unless terminated
earlier by the City on public safety grounds.
IN WITNESS WHEREOF, the parties have set their hands effective the day and
year first written above.
MINNESOTA BICYCLE
FESTIVALS, INC., a Minnesota
Nonprofit Corporation
By
Andre<V Dahl
Its
STATE OF MINNESOTA)
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of
February, 2009, by Andrew Dahl, the , the duly authorized agent for
MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation.
Notary Public
5
"
CITY OF STILLWATER
Ken Harycki, Its Mayor
ATTEST:
Diane F. Ward, Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of
February, 2009, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of
Stillwater.
Notary Public
6
ORDINANCE NO.:I006
AN ORDINANCE AMENDING THE STILLWATER
CITY CODE, CHAPTER 38-3, NOISE CONTROL REGULATION
THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN:
1. Amendine:. Stillwater City Code Section 38-3, Noise Control Regulation, is amended by
adding Section 38-3, Subd. 4 that will hereafter read as follows:
"Section 38-3, Subd. 4 Variances.
(a) The City Council is empowered to grant requests for waivers from the literal
provisions of the Noise Control Regulation because of circumstances unique to the individual
property under consideration. '
(b) F or property in the P A Public Administration Zoning District, no waivers may be
granted until a public hearing is held by the City Council and a notice of the time, place and
purpose of the hearing must be published in the official newspaper of the municipality at least 10
days prior to the day of the hearing. Similar notice must be mailed at least 10 days before the
day of the hearing to each owner of property situated wholly or partly within 350 feet of the
property to which the request for a waiver relates.
(c) In all other Zoning Districts, for events such as block parties and backyard
gatherings for birthdays and weddings, the City Council may proceed to hear and grant waivers
without notice if the applicant provides written letters of support from adjoining neighbors.
(d) The City Council may, from time to time, establish by resolution, the requirement
that an application fee be paid in order to file a request for a waiver under this section."
2. Savine:. In all other ways the City Code will remain in full force and effect.
3. Effective Date. This Ordinance will be in full force and effect from and after its passage
and publication according to law
Adopted by the City Council of the City of Stillwater this 17th day of March, 2009.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn sander~rector of Public Works
DATE: March 13, 2009
RE: Traffic Safety Committee
DISCUSSION:
Following last month's presentation of "Solving Neighborhood Traffic Problem" by Chief
Gannaway and myself. The idea of a forming a traffic committee was mentioned. Staffwas
directed to see who the committee was made up of in other communities. I have checked
with other communities to see what they have in place and of those that responded and
have a traffic committee, their committees are primarily made up of city staff including,
Public Works, Police Department, Fire Department and sometimes Planning and
Administration. Issues that the communities address include traffic control devices,
pedestrian safety, and traffic calming. Frequency of Committee meeting ranged from
monthly, quarterly, or as needed, to discuss requests from citizens.
If the City were to proceed with a traffic safety committee, it is recommended that the
Committee members should consist of representatives for the Public Works Department
(2), Police Department(2), Fire Department(l) and a Councilmember. The Committee
would meet on a quarterly basis or as needed and provide recommendations to the
Council.
ACTION REQUIRED
If Council agrees with the recommendation, they should pass Resolution No._
Establishing A Traffic Safety Review Committee For The City Of Stillwater
RESOLUTION NO.
Establishing A Traffic Safety Review Committee
For The City Of Stillwater
WHEREAS, traffic safety has been an ongoing concern and goal of the City of Stillwater;
and
WHEREAS, the City periodically receives requests from the public for modifications to
traffic control signage, pedestrian safety and traffic calming; and
WHEREAS, the City Council is the authority for approving traffic control devices; and
WHEREAS, the establishment of a Traffic Safety Committee would have membership
composed of various City Departments and could review said requests, and make recommendations
to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF STILL WATER, MINNESOTA: that a Traffic Safety Review Committee is hereby
established.
.BE IT FURTHER RESOLVED that membership on said Committee shall consist of
representatives from Engineering, Police, Public Works Fire Department and a Council member,
and shall review traffic and policy concerns on a quarterly basis, or as needed, and provide said
recommendations to the City Council as necessary.
Adopted by City Council of the City of Stillwater, Minnesota, held this
day of , 2009.
Ken Harycki, Mayor
ATTEST:
Diane Ward, City Clerk
'.',
Q1illwate!
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21.6 North 4th Street
Stillwater, MN 55082
re/ephone: 651.-430-8800 Fax: 651.-430-8809
APPUCATION FOR SPECIAL EVENT
ALL ITEMS ON THE APPLICA TION MUST BE COMPLETED AND SUBMITTED TO CITY HALL
45 DA YS PRIOR TO THE PROPOSED EVENT .
INCOMPLETE APPUCATIONS .MU tJIlI BE PROCESSED
Submittal Date: --~1 O~
APPLICANT INFORMATION (Please Print on Application)
Organization: _8 ('(l\ S.w.e.kl"~1 \nc-. Type of Organization: Non-Profit
=YFor-Profit
Contact Person: ~_~ers _ Email Address: ~ ~ R rtll $+rett~. (a)m
Address: ---2D (bo~-1~ \
City---'hlU'D~ State~_ZiP~
Daytime Phone 5Jl.l.t~~ ?.. Alternate Phone Number '3QJ. Co loLl . q 4 '3&
.
Type of Event:
EVENT INFORMA nON (Special Events involving the use of City Property may require Park Board or Parking
Commission review. Events on Private Property may require Planning Commission review.)
Date(s) of Event: ~jW<1 _
(\ .. _ \ variance to the noise ordinance)
~(\'(\j
Description of Event: _@p~UP-=:f2~ r~.l.(' ~i1w ~m % l\ ~ 10 \-Wson
proPos~~~tfE~~$ifiC):o.t %~ro~v\~ (1ltCdM~~
Hours of Event: 1 ~ 20 ~ - lD.: ,DAM
(Special Events conducted after 10:00 p.m. require Council approval of a
If Lowell Park is used: __ North Lowell Park _South Lowell Park (check which one or both)
Estimated number of people to attend: '1 DO
The following Information Is required for consideration
(Check next to items pertaining to your event. If not applicable - please put "N/A" In the space)
N/1L Selling Alcohol. Temporary Liquor Licenses are .QlibYavailable to non-profit organizations - $25.00 per day
~ Permit to Consume -Consumption only of beer, wine, wine coolers, and hard liquor on pUblic property (parks) -
$35.00 fee
v _ Site Map (Required for all events) - attach to application
L Parking Impact (Required for all events) -Describe in detail: .~ ~ W~ l \ bt ~~d
~VV\ ..,~ ~ CA,m W\-t1 \ q:OO a~ or ~~!MJ- OV\ -\N~ of
l.o.c,~ VU-V\NX.
(Continued on Back)
L Special Signage - Describe: ~t vJ~ \ \ ro.\tt <ll ('tc.\\ot\D. \
ClVVOu.>s (ird ~l1.""5
WA- Approval Letter from Property Owner If on Private Property (attach to application)
N-IA- Vendors will be present at the event (SEE ATTACHED)
~ Tents or Membrane Structures Size Location
tlL Cooking Operations Propane Deep Fat Frying
~ Open Flame or Burning Operations ,Describe:
tJ/lL Water Activities (River/Lakes) River/Lake Name:
~ \Wson~7
L EMS Needs LEMT Standby _Ambulance Standby
~ Fireworks
-
Exiting Points
Other
~Fire Department Standby
Street Closure What Streets:
~ Pollee OffIcer Needed (Required If alcohol Is being serviced on public property and attendance Is over 7S
people or at the discretion of the Police Chief) Contact Stillw~t_e~~olice Dprtment{651-351~~00) t$l.arrange i I
for an officer. Woe ~ ~ ~(~\of\ Co. Rl\\tt0. ~ ~ N-\p ~~\\~\en1)\\tl. tlJ( ~ il\'\t.y-ge(1\~'
L Restrooms (Portable) - Applicant tQ pay for restrooms - CSJrltact Pyplic yVorks. to ~rran~e - 651-275-4100
· ~ "t1\4.M o~CJ -+10m O\~ ~1'ldion
tilA.-Llve Entertainment - Describe type of Music:
~Promotlon/Advertlsement of Event - Describe Level of Promotion/Advertisement
Il1d-,A
Applicant Signature
~~
Reviewed By: (Any concerns/comments will be attached to application)
City Administrator
City Clerk
FEES (If applicable)
Permit to Consume ($35.00)
Temporary Liquor License
($25.00/day)
Event Fee ($500.00)
Event Deposit ($250.00)
Community Development Director
Fire Chief
Police Chief
Public Works Director
Public Works Superintendent
Park & Recreation Commission Approval Required
Date Approved:
Planning Commission Approval Required
Date Approved:
Downtown Parking Commission Approval Required
Date Approved:
City Council Approval Required
Date Approved:
Other Fees:
TOTAL FEE FOR EVENT:
$
Copy of Approved Application with
Comments sent to applicant
(Date)
Rev. 01/08
~
FINAL STRETCH, INC.
P.O. Box 121
Nerstrand, MN 55053
(507) 649-2322
GOPHER TO BADGER 2009 RACE PROPOSAL
TO: City of Stillwater, Washington County Sheriffs, St. Croix County Sheriff - Capt.
Klanderman; City of Hudson - Deb
DATE: Saturday, August 8th, 2009.
TIME: 8:00 AM Start - Registration begins 6:15 AM - Lakefront Park - Hudson.
FROM: Final Stretch, Inc. - Mark Bongers
ROUTE: Stillwater / Hudson - Start at the Browns Creek Trail parking lot on Neal
Avenue. Go North to McKusick turn Right or East. Go 2.9 miles to N. Owens turn Right
or South. Go. 7 miles to Pine turn Left or East (Traffic guards at Olive and Owens -
Owens and Pine). Go.6 miles to 3rd turn right or south. Go.6 miles to 65th turn left or
east. Go.4 miles to Paris turn south or Right. Follow Paris to Beach, crossover Hwy. 36.
Go straight to Hwy. 21, approximately 4.4 miles to 22nd Street, turn left or east. Go.6
miles east to Hwy. 95, crossover Hwy. 95 (Traffic Guards). Go South or right to
Rivercrest. Go Left or East on Rivercrest, follow Rivercrest to 94 bridge.
WISCONSIN/ HUDSON - Follow 94 bridge bike path to 35 bike path to first set of
lights, go left or west, follow bike path to band shell, finish line, 1.7 miles from Park N
Ride in Minnesota to Band Shell in Hudson. Please see map attached.
TRAFFIC CONTROL: We will provide volunteer's to help out with each mile on the
course. The course will be marked and coned to ensure the safety of the runners. We
will abide by all City, County, and State regulations. We are hiring three Washington
County sheriff deputies to help on the course for the Gopher to Badger. They would lead
the runners and help with traffic control and then be present at the intersection ofHwy 95
and 22nd Street to control traffic and allow runners through the intersection. Minnesota
DOT has been contacted and permits are being issued for controlling this intersection.
LIABILITY INSURANCE: We will provide required insurance and liability coverage
for the Gopher to Badger Event. Additionally, we provide co-insurance to all regulatory
agencies & governmental agencies.
RACE SPECIFICATIONS: The staging area for the race will be located at the Hudson
band shell. Busses will pick-up the runners on 2nd street right in front of the bandshell at
7:00 am. Participants will then be bussed to the Gausthaus in Stillwater were they will
begin the race. Race will begin at 8 :00 am barring any emergencies or problems. The
race will finish in Hudson at Lake Front Park.
OTHER STAGING INFORMATION: Aid stations will be located off the road at 2.5,
5.0, 7.5, 10, and 12.5 miles throughout the course. Aid stations will include water or
,
other drinks for the runners. Basic supplies of bandages and communication with the
finish line if there is an emergency will be at each aid station. 911 will be notified first in
the case of any emergency.
EVENT SIZE: Approximately 1,000 runners -100 walkers. BENEFICIARY:
Stillwater football! athletic programs. Hudson Cross Country Team. Children's
Cancer Research Fund is the charity sponsor for the event..
MERCHANT BENEFIT: Approximately 750 - 1,250 participants and families from
the 5 state region will spend the majority of the day in downtown Hudson and along the
course through Stillwater and surrounding areas.
CERTIFICATE OF INSURANCE I 02/18/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
American Specialty Insurance & Risk Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR
142 North Main Street ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW.
Roanoke, Indiana 46783
INSURED INSURERS AFFORDING COVERAGE
USA Track & Field, Inc. INS.A: AXIS Insurance Company
132 East Washington Street, Suite 800 INS. B:
Indianapolis, IN 46204-3723 INS.C:
FINAL STRETCH, INC.
POBOX 121
NERSTRAND, MN 55053
CERT NUMBER: 1000747057
EVENT CODE: 09-30-011
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS POLICY POLICY POLICY
LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
General Aaareaate 2,000,000
GL AXGL01100182-08 11/01/2008 11/01/2009 Products-Comoleted Ooerations Aaareaate 1,000,000
A 12:01 a.m. Personal and Advertisina Iniurv 1,000,000
12:01 a.m. Each Occurrence 1,000,000
DamaoA to PrAmi~_ RAnted to You (Anv lises\ 1 000 000
Medical Exoense Limit (Anv One Person) Excluded
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
- Coverage applies to USA Track & Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear-down, particlpant check-in and
award ceremonies,
- The Certificateholder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Form AXIS 1003-Additionallnsured-
Certificateholders,but only with respect to the GOPHER TO BADGER on August 08, 2009.
CERTIFICATE HOLDER
WASHINGTON COUNTY OFFICERS
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED
POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE
HOLDER, BUT FAILURE TO MAIL SUCH NOTICE
SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS
AGENTS OR REPRESENTATIVES.
<2.~
MEMORANDUM
TO: Mayor and City Council
FROM: Doug Brady
DATE: March 13,2009
RE: St. Croix Valley Recreation Center - Ice Resurfacer Bids
DISCUSSION:
Bids for the Ice Resurfacer for the St. Croix Recreation Center were received today at 10:00 a.m.
They are as follows:
Company
Base Bid
Trade-In
Total Base Bid
Frank Zamboni & Company
Becker Arena Products
$109.962.25
$155,000.00
$27,500.00
$15,000.00
$82,462.25
$140,000.00
RECOMMENDATION
I recommend that the City accept the bids submitted for the Ice Resurfacer and award the contract to
Frank Zamboni & Company for the total base bid of $82,462.25.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting the Resolution
2009- ACCEPTING BIDS AND AWARDING THE CONTRACT FOR ICE RESURFACER FOR
THE ST. CROIX VALLEY RECREATION.
ACCEPTING BID AND AWARDING CONTRACT FOR
ICE RESURFACER FOR THE ST. CROIX VAllEY RECREATION CENTER,
WHEREAS, pursuant to an advertisement for bids for an Ice Resurfacer for the St. Croix
Valley Recreation Center, bids were received, opened and tabulated according to law, and the
following bids were received complying with the advertisement;
Company
Base Bid
Trade-In
Total Base Bid
Frank Zamboni & Company
Becker Arena Products
$109.962.25
$155,000.00
$27,500.00
$15,000.00
$82,462.25
$140,000.00
and
WHEREAS, it appears that Frank Zamboni & Company of Paramount, CA is the lowest
responsible bidder
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF STillWATER,
MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Frank
Zamboni & Company. of Paramount, CA in the name of the City of Stillwater for the Ice
Resurfacer and according to the specifications and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits
made with their bids, except the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed.
Adopted by the City Council this 1 ih day of March, 2009.
Ken Harycki, Mayor
ATTEST
Diane F. Ward, City Clerk
~ f
~
MEMORANDUM
To: Mayor and City Council
From: Torry Kraftson, Assistant City Engineerd' K K
Date: March 11, 2006
RE: State Aid Street Revisions
DISCUSSION
The City has excess miles in its Municipal State Aid mileage bank. It is proposed that the
following streets be designated as Municipal State Aid Streets:
· 6th Avenue/ Broadway Street from Churchill Street to Pine Street (0.35 miles)
· Pine Street from 3rd Street to Broadway Street (0.14 miles)
· 4th Street from Wilkins Street (West) to Wilkins Street (East) (0.02 miles)
· Wilkins Street from 4th Street to 2nd Street (0.12 miles)
· Laurel Street from Owens Street to 2nd Street (0.54 miles)
By adding streets to fill the State Aid mileage bank, the City maximizes its allotment
through the State Aid program. All five of these segments are extensions of existing state
aid streets. These streets were all constructed more than 20 years ago, which is the
trigger for maximum need allocation. If the Office of State Aid receives a Council
resolution by May 1,2009, State Aid Needs for these streets would begin accruing this
year. According to the attached letter, the State Aid Office has indicated approval of
these segments once a City Council resolution is received.
RECOMMENDATION
It is recommended that Laurel Street from Owens Street to 2nd Street; 4th Street from
Wilkins Street (west) to Wilkins Street (east); Wilkins Street from 4th Street to 2nd Street;
Pine Street from 3rd Street to Broadway Street; and 6th A venue/ Broadway Street from
Churchill Street to Pine Street be added to the Municipal State Aid Street System.
ACTION REQUIRED
If the City concurs with the recommendation they should pass should pass a motion
adopting Resolution No. 2009-_, RESOLUTION ESTABLISHING MUNICIPAL
STATE AID HIGHWAY
t.
.>
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAY
WHEREAS, it appears to the City Council of the City of Stillwater that the road hereinafter
described should be designated Municipal State Aid Street under the provisions of Minnesota Law.
NOW therefore be it resolved, by the City Council of the City Stillwater of that the roads described
as follows, to-wit:
· 6th Avenue/ Broadway Street from Churchill Street to Pine Street (extending MSAS 169-101)
· Pine Street from 3rd Street to Broadway Street (extending MSAS 169-102)
· 4th Street from Wilkins Street (west) to Wilkins Street (east) (extending MSAS 169-109)
· Wilkins Street from 4th Street to 2nd Street (extending MSAS 169-110)
· Laurel Street from Owens Street to 2nd Street (extending MSAS 169-116)
be, and hereby is established, located, and designated as Municipal State Aid Streets of said City,
subject to the approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for his consideration, and
that upon his approval of the designation qf said roads or portions thereof, that same be constructed,
improved and maintained as Municipal State Aid Streets of the City of Stillwater.
Adopted by the Council this 1 ih day of April 2009.
Ken Harycki, Mayor
Attest:
Diane F. Ward, City Clerk
l.'~......I'l..EISO\ Minnesota Department of Transportation
j, >;
~" rj MEMO
qoT~~ State Aid for Local Transportation Division
Mail Stop 500, 4th Floor
395 John Ireland Boulevard
S1. Paul, MN 55155-1899
Office Tel.: 651 366-3800
Fax: 651 366-3801
March 3, 2009
TO: Mr. Shawn Sanders
Stillwater City Engineer
City Hall
216 North 4th Street
Stillwater, MN 55082
FROM:
Marshall Johnston
Municipal State Aid Needs Manager
(651) 366-3815
SUBJECT: Municipal State Aid Designations and Revocations
The following Municipal State Aid Street designations will be approved when the City Council resolution is
received:
Extension MSAS 101 East 6th A venue/South Broadway Street- East Pine Street to East Churchill Street (0.35 existing
miles)
Extension MSAS 102 East Pine Street- South 3rd Street (CSAH 23) to South Broadway Street (0.14 existing miles)
Extension MSAS 109 North 4th Street- West Wilkins Street to East Wilkins Street (0.02 existing miles)
Extension MSAS 110 East Wilkins Street- North 4th Street to North 2nd Street (0.12 existing miles)
Extension MSAS 116 Laurel Street- Owens Avenue (CSAH 5) to 2nd Street (0.54 existing miles)
The following Municipal State Aid Street revocations will be approved when the City Council resolution is
received:
None requested
The following documents must be submitted before further processing can occur:
A Commissioner's Order will follow after the City Council resolution is received and approved by the
Commissioner.
NOTE:
If the City Council resolution is received by the DSAE before May 1,2009, routes designated can receive needs in
2009. Include the road data with the normal computer needs update. Also include the revisions on the Certification of
Mileage due in January 2010. If you have any questions, contact your DSAE or Marshall Johnston at (651) 366-3815
for instructions.
Comments:
A vailable Mileage 1.43 2008 Certified Mileage
+ Revoked Mileage 0.00
- Designated Mileage 1.17
Remaining Available Mileage 0.26
ce. District State Aid Engineer
File
An equal opportunity employer
T\2009 PROJECTS\2009-0 1 MSA \MNDOT preliminary approval.doc
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HEIGHTS
Larry D, Hansen
City Administrator
216 Fourth Street North
Stillwater, MN 55082
February 23,2009
Dear Mr. Hansen and City Council,
The Stillwater Area High School soccer teams are actively looking for ways to fundraise
for their upcoming season. The girls pfOgram in particular is trying to offset the cost of
new uniforms for two teams of 25 players. Because of the large expense to replace our
old equipment, and the fact that the school is not able to help, we are looking for
creative ways to generate a larger income so that players will not have to incur the cost.
Last fall I approached Mr. Hansen with an idea for a one-day fundraiser in the Stillwater
area. He suggested that it may be possible~ but I should make a formal request to the
City for approval. Here is my request.
In the spring/summer of 2009, during the month of Mayor June, I plan to have soccer
players solicit residents for a donation to the Stillwater High School Soccer Booster
Club. In return for their donation, members of the soccer program would paint a
Stillwater Pony logo on the curb or driveway in front of their home. This would help our
program reach its goals while at the same time promoting Stillwater High School and
the Pony athletic teams. The logo would be small and not obtrusive. Approximately
3x5 or 5x7 inches outside dimension.
In addition we would provide a letter to the resident explaining the purpose of the
fundraiser, how the funds are to be used, and as a receipt of the donation for their
personal and tax records.
Please let me know if there is any additional information I can provide. I can be reached
at the address or telephone number below.
Thank you for considering my request!
(tf;Y, ~
Andy Olf::!!
Stillwater Area High School Girls Soccer Coach
5701 Stillwater Blvd
Stillwater, Mn 55082
651-351-6938w
651-430-0410h
olsona@stillwater.k12.mn.us
General Ledger ~iIlwate~ I:-~
Monthly Report
User: SharonH
Printed: 03/12/09 ]5:49:32 '" .","'"" "...."." ~ ,
Period 0] - 02
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget V-T-D Variance
GENERAL FUND
Revenue
TAXES 7,318,230.00 0.00 7,318,230.00
LICENSES AND PERMITS 493,125,00 28,3]2.11 464,812.89
SPECIAL ASSESSMENTS 6,000,00 0.00 6,000.00
INTERGOVERNMENTAL 707,463.00 68,988.45 638,474.55
CHARGES FOR SERVICES 1,115.503.00 30,264.84 1.085,238,16
FINES AND FORFEITS 120,900.00 13,810.90 107,089.10
MISCELLANEOUS 199,000.00 6,491.97 192,508.03
OTHER FINANCING SOURCES 1,044,900,00 0.00 1,044,900.00
11,005,121.00 147,868.27 10,857,252.73
Revenue 1I,0fJ5,121.00 147,868.27 10,857,252.73
Expense
MAYOR & CITY COUNCIL
PERSONNEL SERVICES 90,842.00 10,330.94 80,511.06
SERVICES AND CHARGES 49,460.00 285.00 49,175.00
MISCELLANEOUS 17, no,oo 306.60 17,413.40
DEPRECIATION 0.00 0.00 0.00
MAYOR & CITY COUNCIL 158,022.00 10,922.54 147,099.46
ELECTIONS
PERSONNEL SERVICES 0.00 0.00 0.00
SUPPLIES 0.00 0.00 0.00
SERVICES AND CHARGES 4,230.00 4,230,00 0.00
MISCELLANEOUS 0.00 0.00 0,00
CAPITAL OUTLAY 0.00 0.00 0.00
DEPRECIATION 0.00 0.00 0.00
ELECTIONS 4,230.00 4,230.00 0.00
MIS SUPPORT SERVICES
PERSONNEL SERVICES 143,892.00 18,764,31 125,127.69
SUPPLIES 7,300.00 14.18 7,285.82
SERVICES AND CHARGES 21,228.00 2,246.77 18,981.23
MISCELLANEOUS 0.00 0,00 0,00
CAPITAL OUTLAY 120,100.00 5,234,6] 114,865.39
DEPRECIATION 0.00 0.00 0.00
MIS SUPPORT SERVICES 292,520.00 26,259.87 266,260.13
FINANCE
PERSONNEL SERVICES 327,433.00 38,151.33 289,281.67
SUPPLIES 6,700.00 0.00 6,700.00
SERVICES AND CHARGES 66,631.00 2,571.89 64,059,11
MISCELLANEOUS 1,600.00 290.00 1,3]0.00
CAPITAL OUTLAY 2,400,00 0.00 2,400,00
DEPRECIATION 0,00 0.00 0.00
1
2009 2009 2009
Description B*et Y.T.D Variance
FINANCE 404,764;00 41,013.22 363,750.78
ADMINISTRATION
PERSONNEL SERVICES 353,625.00 46,029.94 307,595.06
SUPPLIES 4,000.00 51.55 3,948.45
SERVICES AND CHARGES 142,200.00 9,371.26 132,828.74
MISCE.LL~OUS 3,650.00 125.00 3,525.00
CAPITAL OUTLAY 15,300.00 0.00 15,300.00
DEPRECIATION 0.00 0.00 0.00
ADMINISTRATION 518,775.00 55,577.75 463,197.25
LEGAUCITY ATTORNEY
PERSONNEL SERVICES 127,809.00 16,430.52 111,378.48
SUPPLIES 1 ,500.00 362.49 1,137.51
SERVICES AND CHARGES 139,829,00 23,092.00 116,737.00
MISCELLANEOUS 0.00 0,00 0.00
LEGAUCITY ATTORNEY 269,138.00 39,885.01 229,252.99
PLANT/CITY HALL
PERSONNEL SERVICES 0.00 0.00 0,00
SUPPLIES 10,500.00 889,98 9,610.02
SERVICES AND CHARGES 153,007,00 28,019.79 124,987,21
MISCELLANEOUS 300.00 0.00 300.00
CAPITAL OUTLAY 69,000.00 0,00 69,000.00
DEPRECIATION 0.00 0.00 0.00
PLANT/CITY HALL 232,807.00 28,909.77 203,897.13
COMMUNITY DEVELOPMENT
PERSONNEL SERVICES 232,791.00 31,470.72 201,320.28
SUPPLIES 5,900.00 282.48 5,617.52
SERVICES AND CHARGES 22,099.00 106.92 21,992.08
MISCELLANEOUS 2,500.00 175,50 2,324.50
CAPITAL OUTLAY 5,200.00 0.00 5,200,00
DEPRECIATION 0.00 0.00 0.00
COMMUNITY DEVELOPMENT 268,490.00 32,035.62 236,454.38
POLICE
PERSONNEL SERVICES 2,434,367.00 304,815.64 2,129,551.36
SUPPLIES 111,000.00 7,600.86 103,399.14
SERVICES AND CHARGES 201,835.00 2,415.73 199,419.27
MISCELLANEOUS 11,750.00 728.75 11 ,021.25
CAPITAL OUTLAY 227,800.00 83.05 227,716.95
DEPRECIATION 0.00 0.00 0,00
POLICE 2,986,752.00 315,644.03 2,671,107.97
FIRE
PERSONNEL SERVICES 953,599,00 158,328.94 795,270.06
SUPPLIES 33,850.00 559.48 33,290.52
SERVICES AND CHARGES 115,213.00 3,110.55 112,102.45
MISCELLANEOUS 4,150.00 1,224.51 2,925.49
CAPITAL OUTLAY 278,600.00 0.00 278,600.00
DEPRECIATION 0.00 0.00 0.00
FIRE 1,385,412.00 163,223.48 1,222,188.52
INSPECTIONS
PERSONNEL SERVICES 204,599.00 27,467.09 177,131.91
2
2009 2009 2009
Description Budget Y-T-D Variance
SUPPLIES 6,000.00 200.95 5,799.05
SERVICES AND CHARGES 28,563.00 3,191.34 25,371.66
MISCELLANEOUS 850.00 0.00 850.00
CAPITAL OUTLAY 31,500,00 0.00 31,500.00
DEPRECIATION 0,00 0.00 0.00
INSPECTIONS 271,512.00 30,859.38 240,652.62
CIVIL DEFENSE
SUPPLIES 50,00 0.00 50.00
SERVICES AND CHARGES 5,965.00 13.89 5,951.11
MISCELLANEOUS 550,00 130.00 420,00
CAPITAL OUTLAY 2,000,00 0.00 2,000,00
DEPRECIATION 0.00 0.00 0.00
CIVIL DEFENSE 8,565.00 143.89 8,421.11
ENGINEERING
PERSONNEL SERVICES 306,923.00 39,248.96 267,674.04
SUPPLIES 12,025.00 92.89 11,932.11
SERVICES AND CHARGES 22,692.00 194.16 22,497,84
MISCELLANEOUS 1 ,350.00 0.00 1,350,00
CAPITAL OUTLAY 2,400.00 0,00 2,400,00
DEPRECIATION 0.00 0.00 0.00
ENGINEERING 345,390.00 39,536.01 305,853.99
STREET
PERSONNEL SERVICES 492,770.00 98,373.15 394,396.85
SUPPLIES 236,000,00 45,090.92 190,909.08
SERVICES AND CHARGES 297,773.00 11,533.12 286,239.88
MISCELLANEOUS 7,700,00 360.00 7,340,00
CAPITAL OUTLAY 290,600.00 0.00 290,600.00
DEPRECIATION 0,00 0.00 0.00
STREET 1,324,843.00 155,357.19 1,169,485.81
UNALLOCATED
PERSONNEL SERVICES 535,440.00 82,470.38 452,969.62
SERVICES AND CHARGES 189,875,00 44,799.00 145,076,00
MISCELLANEOUS 20,000,00 12.34 19,987,66
CAPITAL OUTLAY 0,00 0.00 0.00
DEPRECIATION 0,00 0.00 0.00
UNALLOCATED 745,315.00 127,281.72 618,033.28
OPERATING TRANSFERS
OTHER FINANCING USES 1,788,586,00 298,097.66 1,490,488.34
OPERATING TRANSFERS 1,788,586.00 298,097.66 1,490,488.34
Expense 11,005,121.00 1,368,977.14 9,636,143.86
Revenue Total 11,005,121.00 147,868.27 10,857,252.73
Expense Total 11,005,121.00 1,368,977.14 9,636,143.86
Grand Total 0.00 -1,221,108.87 1,221,108.87
3
General Ledger ~il~~t~r
Monthly Report
User: SharonH
_1~ ~
Printed: 03/12/0908:58:13 '"' "'''''''''' M,"","".~
Period 01 - 02
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
SPECIAL EVENTS FUND
Revenue
CHARGES FOR SERVICES 30,000.00 0.00 30,000.00
MISCELLANEOUS 30,000.00 0,00 30,000.00
OTHER FINANCING SOURCES 32,500.00 0.00 32,500.00
92,500.00 0.00 92,500.00
Revenue 92,500.00 0.00 92,500.00
Expense
SPECIAL EVENTS
SERVICES AND CHARGES 40,500,00 0.00 40,500.00
MISCELLANEOUS 52,000.00 0.00 52,000.00
SPECIAL EVENTS 92,500.00 0.00 92,500.00
Expense 92,500.00 0.00 92,500.00
Revenue Total 92,500.00 0.00 92,500.00
Expense Total 92,500.00 0.00 92,500.00
Grand Total 0.00 0.00 0.00
1
General Ledger Qtillwate~
Monthly Report
User: SharonH
Printed: 03/12/09 08:59:04 TH:-;IRTHPlACE OF MINNESOTA <~
Period 01 - 02
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
ST CROIX VALLEY REC CENTER
Revenue
REVENUES
CHARGES FOR SERVICES 1,525,600,00 208,028.70 1,317,571.30
MISCELLANEOUS 55,000.00 0.00 55,000.00
OTHER FINANCING SOURCES 453,500.00 0.00 453,500.00
REVENUES 2,034,100.00 208,028.70 1,826,071.30
Revenue 2,034,100.00 208,028.70 1,826,071.30
Expense
RECREA nON CENTER
PERSONNEL SERVICES 0.00 0,00 0.00
SUPPLIES 126,500.00 21,070,71 105,429,29
SERVICES AND CHARGES 649,945.00 67,693.78 582,251.22
MISCELLANEOUS 18,500.00 381.72 18,118.28
CAPITAL OUTLAY 155,500.00 0.00 155,500.00
DEPRECIATION 0.00 0.00 0.00
OTHER FINANCING USES 457,518.00 0.00 457,518.00
RECREATION CENTER 1,407,963.00 89,146.21 1,318,816.79
FIELDHOUSE
PERSONNEL SERVICES 0.00 0.00 0,00
SUPPLIES 8,400.00 30,33 8,369.67
SERVICES AND CHARGES 275,994.00 41,183.10 234,810.90
MISCELLANEOUS 3,200,00 75.89 3,124.1 1
CAPITAL OUTLAY 130,000.00 0,00 130,000.00
FIELDHOUSE 417,594.00 41,289.32 376,304.68
LILY LAKE ARENA
SUPPLIES 10,700,00 121.23 10,578.77
SERVICES AND CHARGES 180,859.00 8,518.32 172,340.68
MISCELLANEOUS 650.00 0.00 650.00
CAPITAL OUTLAY 168,000.00 0,00 168,000.00
LILY LAKE ARENA 360,209.00 8,639.55 351,569.45
Expense 2,185,766.00 139,075.08 2,046,690.92
Revenue Total 2,034,100.00 208,028.70 1,826,071.30
Expense Total 2,185,766.00 139,075.08 2,046,690.92
Grand Total -151,666.00 68,953.62 -220,619.62
1
General Ledger ~iIlwate~
Monthly Report
User: SharonH
Printed: 03/13/0910:12:54
Period 01 - 02 THE 8111THPlACE OF MINNESOTA ~
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
LIBRARY FUND
Revenue
CHARGES FOR SERVICES 50,400.00 7,082.01 43,317,99
MISCELLANEOUS 38,290.00 3,638.34 34,651.66
OTHER FINANCING SOURCES 1,117,969,00 175,744.84 942,224.16
1,206,659.00 186,465.19 1,020,193.81
Revenue 1,206,659.00 186,465.19 1,020,193.81
Expense
LIBRARY OPERATIONS
PERSONNEL SERVICES 749,753.00 98,510,01 651,242.99
SUPPLIES 101,740,00 10,820.15 90,919,85
SERVICES AND CHARGES 59,157.00 27,160.22 31,996.78
MISCELLANEOUS 2,380.00 840.00 1,540.00
CAP IT AL OUTLAY 61,500.00 0.00 61,500.00
DEPRECIATION 0,00 0.00 0.00
LIBRARY OPERATIONS 974,530.00 137,330.38 837,199.62
LIBRARY PLANT
PERSONNEL SERVICES 102,002.00 14,219.34 87,782.66
SUPPLIES 9,050.00 1,259,68 7,790.32
SERVICES AND CHARGES 117,077.00 12,393.16 104,683.84
MISCELLANEOUS 2,000.00 196.40 1,803.60
CAPITAL OUTLAY 2,000.00 0.00 2,000.00
LIBRARY PLANT 232,129.00 28,068.58 204,060.42
Expense 1,206,659.00 165,398.96 1,041,260.04
Revenue Total 1,206,659.00 186,465.19 1,020,193.81
Expense Total 1,206,659.00 165,398.96 1,041,260.04
Grand Total 0.00 21,066.23 -21,066.23
1
General Ledger <8i1lwate~
Monthly Report
User. SharonH '" ;-; .. , "' "" " M" N " ~')
Printed: 03/13/0910:13:18
Period 01 - 02
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
PARKS FUND
Revenue
LICENSES AND PERMITS 1,000,00 70.00 930.00
rnTERGOVERNMENTAL 0.00 0.00 0.00
CHARGES FOR SERVICES 12,000.00 1,085.00 10,915.00
MISCELLANEOUS 15,000.00 165,00 14,835.00
OTHER FINANCING SOURCES 953,117,00 116,519.50 836,597.50
981,117.00 117,839.50 863,277.50
Revenue 981,117.00 117,839.50 863,277.50
Expense
PARK
PERSONNEL SERVICES 520,349.00 99,072.53 421,276.47
SUPPLIES 61,500.00 3,352.47 58,147.53
SERVICES AND CHARGES 136,868.00 3,551.49 133,316,51
MISCELLANEOUS 8,400.00 60.00 8,340,00
CAPITAL OUTLAY 254,000.00 0.00 254,000,00
DEPRECIATION 0.00 0.00 0.00
OTHER FINANCrnG USES 0.00 0.00 0,00
PARK 981,117.00 106,036.49 875,080.51
Expense 981,117.00 106,036.49 875,080.51
Revenue Total 981,117.00 117,839.50 863,277.50
Expense Total 981,117.00 106,036.49 875,080.51
Grand Total 0.00 11,803.01 -11,803.01
1
General Ledger ~i1lwate~
Monthly Report
User: SharonH
Printed: 03/12/09 09:00: 17 THE IIIlTHPLAC~ OF MINNESOTA ~
Period 01 - 02
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
WASH CO RECYCLING
Revenue
INTERGOVERNMENTAL 34,050.00 0.00 34,050.00
MISCELLANEOUS 0.00 0.00 0,00
34,050.00 0.00 34,050.00
Revenue 34,050.00 0.00 34,050.00
Expense
WACO RECYCLING
PERSONNEL SERVICES 0,00 0.00 0,00
SERVICES AND CHARGES 11,300.00 0.00 11,300.00
MISCELLANEOUS 22,750.00 0.00 22,750.00
WACO RECYCLING 34,050.00 0.00 34,050.00
Expense 34,050.00 0.00 34,050.00
Revenue Total 34,050.00 0.00 34,050.00
Expense Total 34,050.00 0.00 34,050.00
Grand Total 0.00 0.00 0.00
1
General Ledger
Monthly Report
<$i1lwate~~
THE IllITHPlACE OF MINNESOTA ~
User: SharonH
Printed: 03/12/0909:00:38
Period 01 - 02
Fiscal Year 2009 - 2009
Description
2009
Budget
2009
Y-T-D
2009
Variance
DARE FUND
Revenue
MISCELLANEOUS
OTHER FINANCING SOURCES
500.00 0.00 500,00
2,500.00 0.00 2,500.00
3,000.00 0.00 3,000.00
3,000.00 0.00 3,000.00
Revenue
Expense
DARE
SUPPLIES
DARE
3,000.00 148,00 2,852.00
3,000.00 148.00 2,852.00
3,000.00 148.00 2,852.00
3,000.00 0.00 3,000.00
3,000.00 148.00 2,852.00
0.00 -148.00 148.00
Expense
Revenue Total
Expense Total
Grand Total
1
General Ledger ~iIlwate~~
Monthly Report
User: SharonH
Printed: 03/12/09 09:00:55
Period 01 - 02 THf 81"THPl~C~ OF MINNfSOT~ ~
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
SEWER FUND
Revenue
TAXES 0.00 0,00 0.00
SPECIAL ASSESSMENTS 0,00 0.00 0.00
CHARGES FOR SERVICES 2,053,000,00 485,228.53 1,567,771.47
MISCELLANEOUS 103,000.00 10,101.50 92,898,50
OTHER FINANCING SOURCES 0,00 0,00 0.00
2,156,000.00 495,330.03 1,660,669.97
Revenue 2,156,000.00 495,330.03 1,660,669.97
Expense
SEWER
PERSONNEL SERVICES 326,701.00 40,549.35 286,151.65
SUPPLIES 25,100.00 989.26 24,110.74
SERVICES AND CHARGES 1,682,208.00 242,673.74 1,439,534.26
MISCELLANEOUS 4,400.00 261.00 4,139.00
CAPITAL OUTLAY 854,134.00 0.00 854,134.00
DEPRECIATION 272,000,00 0.00 272,000.00
OTHER FINANCING USES 40,000.00 0.00 40,000.00
SEWER 3,204,543.00 284,473.35 2,920,069.65
III
SUPPLIES 15,000.00 0,00 15,000,00
SERVICES AND CHARGES 17,900.00 0.00 17,900,00
CAPITAL OUTLAY 0.00 0.00 0.00
III 32,900.00 0.00 32,900.00
Expense 3,237,443.00 284,473.35 2,952,969.65
Revenue Total 2,156,000.00 495,330.03 1,660,669.97
Expense Total 3,237,443.00 284,473.35 2,952,969.65
Grand Total -1,081,443.00 210,856.68 -1,292,299.68
1
General Ledger ~illwate~
Monthly Report
User: SharonH
Printed: 03/12/0909:01:14
Period 01 - 02 THE .I"THPL~CE OF MINNESOT~ ')
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
STORM SEWER FUND
Revenue
SPECIAL ASSESSMENTS 0,00 0.00 0.00
CHARGES FOR SERVICES 485,000.00 121,990.72 363,009,28
MISCELLANEOUS 22,000.00 0,00 22,000.00
507,000.00 121,990.72 385,009.28
Revenue 507,000.00 121,990.72 385,009.28
Expense
MISCELLANEOUS
PERSONNEL SERVICES 103,910.00 11,031.69 92,878.31
SUPPLIES 900.00 0.00 900.00
SERVICES AND CHARGES 68,218.00 1,662.08 66,555.92
MISCELLANEOUS 29,792.00 15,835.35 13,956,65
CAPITAL OUTLAY 0.00 0.00 0,00
DEBT SERVICE 0,00 0.00 0,00
DEPRECIATION 1,600.00 0.00 1,600.00
OTHER FINANCING USES 95,000.00 0.00 95,000.00
MISCELLANEOUS 299,420.00 28,529.12 270,890.88
SURFACE WATER MANAGEMENT (MS4)
PERSONNEL SERVICES 124,614.00 20,027,35 104,586.65
SUPPLIES 4,500.00 0,00 4,500,00
SERVICES AND CHARGES 73,875.00 0.00 73,875.00
MISCELLANEOUS 2,700.00 0.00 2,700.00
CAPITAL OUTLAY 185,000.00 0,00 185,000.00
SURFACE WATER MANAGEMENT (MS4) 390,689.00 20,027.35 370,661.65
Expense 690,109.00 48,556.47 641,552.53
Revenue Total 507,000.00 121,990.72 385,009.28
Expense Total 690,109.00 48,556.47 641,552.53
Grand Total -183,109.00 73,434.25 -256,543.25
1
General Ledger <Sillwate~
Monthly Report
User: SharonH
Printed: 03/12/09 09:0 1:30
Period 0] - 02 THE BIRTHPLACE OF MINNESOTA ~
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
SIGNS & LIGHTING FUND
Revenue
CHARGES FOR SERVICES 370,000.00 92,966.57 277,033.43
MISCELLANEOUS 0.00 0,00 0.00
370,000.00 92,966.57 277,033.43
Revenue 370,000.00 92,966.57 277,033.43
Expense
SIGNS & LIGHTING
PERSONNEL SERVICES 95,7]8.00 13,653,24 82,064.76
SUPPLIES ]5,550.00 501.09 ] 5,048.91
SERVICES AND CHARGES 248,736.00 2],537.98 227,198.02
MISCELLANEOUS 250.00 ]5.96 234.04
CAPITAL OUTLAY 0.00 0.00 0.00
DEPRECIATION ]00,00 0.00 ]00.00
OTHER FINANCING USES 0,00 0,00 0.00
SIGNS & LIGHTING 360,354.00 35,708.27 324,645.73
Expense 360,354.00 35,708.27 324,645.73
Revenue Tota] 370,000.00 92,966.57 277,033.43
Expense Total 360,354.00 35,708.27 324,645.73
Grand Total 9,646.00 57,258.30 -47,612.30
1
General Ledger ~iIlwate~
Monthly Report
User: SharonH
Printed: 03/12/0909:01 :44 THE BIRTHPLACE OF MINNESOTA ~
Period 01 - 02
Fiscal Year 2009 - 2009
2009 2009 2009
Description Budget Y-T-D Variance
PARKING FUND
Revenue
LICENSES AND PERMITS 40,000.00 1,400.00 38,600.00
CHARGES FOR SERVICES 132,000,00 0.00 132,000,00
FINES AND FORFEITS 75,000.00 3,140.00 71,860.00
MISCELLANEOUS 18,000.00 1.00 17,999.00
265,000.00 4,541.00 260,459.00
Revenue 265,000.00 4,541.00 260,459.00
Expense
PARKING
PERSONNEL SERVICES 106,775.00 8,606.51 98,168.49
SUPPLIES 15,200.00 368.97 14,831.03
SERVICES AND CHARGES 52,448,00 74.67 52,373.33
MISCELLANEOUS 1,000.00 11.66 988.34
CAPITAL OUTLAY 0.00 0,00 0,00
DEBT SERVICE 0.00 0.00 0.00
DEPRECIATION 35,000.00 0.00 35,000.00
OTHER FINANCING USES 0.00 0.00 0.00
PARKING 210,423.00 9,061.81 201,361.19
RIVERVIEW PARKING LOT -3RD ST
SERVICES AND CHARGES 17,388.00 0.00 17,388,00
RIVERVIEW PARKING LOT -3RD ST 17,388.00 0.00 17 ,388.00
Expense 227,811.00 9,061.81 218,749.19
Revenue Total 265,000.00 4,541.00 260,459.00
Expense Total 227,811.00 9,061.81 218,749.19
Grand Total 37,189.00 -4,520.81 41,709.81
1
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~~ Weare writing on behalf of Good Samaritan Society-Stillwater residents, family members and
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~ both sides of Owens Street (Minnesota Highway 5) between Wilkins Street and St. Croix Avenue,
( ~'J "after all snow has been cleared,"
~The new ordinance will hopefully improve relationships between us ~ur neighbors and
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Summary of Proceedings
Washington County Board of Commissioners
March 3, 2009
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel,
District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Peterson
presided.
Commissioner Reuorts - Comments - Questions
The Commissioners reported on the following items:
Commissioner Hegberg - reported on meeting with Rock- Tenn to discuss recycling and that the
value of recycling materials has declined; reported on listening se.ssions he attended in
Woodbury and Forest Lake; check on District 1 position on the Parks and Open Space
Commission; indicated he will not be at next week's meeting to attend the AIG insurance trust
conference;
Commissioner Pulkrabek - reported that he will be attending the National Association of
Counties meeting next week and will also miss the County Board meeting;
Commissioner Kriesel- attended the West Lakeland Town Board meeting and presented retiring
Supervisor John McPherson with his resolution of appreciation from the County Board; spoke to
the group who attended this morning's meeting in support of continued funding of 4-H and
questioned if that is a core service of government and that the group had to work towards self-
sufficiency; the Valley Outreach Food Shelf will hold their major annual event on March 7 at the
Water Street Inn in Stillwater; and, the Yellow Ribbon Initiative will meet at the Oak-Land Jr.
High School on March 9;
Commissioner Weik - reported on the Mosquito Control Board meeting which discussed
expansion plans for 2009; attended the Solid Waste Management Coordinating Board which
discussed electronic waste and educating the public on responsible recycling of analog television
sets; Minnesota will be one of three states chosen for the paint pilot project and consumers could
see a 25 to 40 cent price increase;
Commissioner Peterson - reported on the Eastern Transportation Alliance meeting held on
Friday, February 27; Congresswoman McCollum urged Dakota, Washington and Ramsey
counties to work together and make application for special stimulus dollars; she met with a 4-H
member who is passionate about 4- H and the Commissioner suggested to her that self
sufficiency is not only good for oneself, but good for one's organization; and, after attending a
MnDOT rail meeting she came away with one thought it seems like the organizations that
presents a vision without a lot of facts and figures are getting the money;
Commissioner Weik appointed to the Solid Waste Management Coordinating Board to replace
Commissioner Hegberg who will now be the alternate to that Board.
Community Services
Approval of the following actions:
Special Project position of Eligibility specialist through December 31, 2009;
Funding recommendations and release for public comment on the draft 2009 Community
Development Block Grant and HOME Investment Partnership Program Annual Action Plan.
General Administration
Approval of the following actions:
Susan Clemens, Eden Prairie, and Abby and Emma Persoon, Mahtomedi, spoke in support of 4-
H funding;
Service agreement with the Washington Conservation District in the amount of $34,000 to
prepare a conservation plan for the Land and Water Legacy Program;
Elimination of 21 staff positions;
Legislative update presented;
Board correspondence was received and placed on file.
Information Technoloev
Approval to amend the County Fee Policy #1032 to change or add certain fees for service charged by
the Information Technology Department.
Property Records and Taxpaver Services
Approval of the following actions:
Resolution No. 2009-020, lawful gambling exemption application from the Rufed Grouse
Society, Missi-Croix Chapter;
Liquor license for Afton Alps, Inc., April 1, 2009 through March 31,2010;
Liquor license for the Outing Lodge at Pine Point, LLC, April 1 , 2009 through March 31, 2010;
Liquor license for The Point, Inc. April I, 2009 through March 31, 2010;
Liquor license for Stoneridge Golf Club, April 1, 2009 through March 31, 2010;
Public Health and Environment
Approval to appoint John Rheinberger, Stillwater, to the Groundwater Advisory Committee to a term
expiring December 31,2010.
Public Works
Approval of the following actions:
Contract with WSB and Associates, Inc. for preliminary design services for the TH 244 and
CSAH 12 safety and mobility intersection reconstruction project in Mahtomedi and Willemie;
Update on the Federal economic stimulus package and the benefits to Minnesota and
Washington County;
Contract with Toltz, King, Duval, Anderson and Associates for final design services for the
proposed Hardwood Creek Trail Bridge over CR 83 in Forest Lake;
Letter to be sent to State urging the use of stimulus funding for the CR 14 overpass project in
Anoka County;
Letter to Metropolitan Council stating that the $45 million budget shortfall for Metro Transit
should not be made up with one-time stimulus money.
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 620d Street N., Stillwater, Minnesota.
February 26, 2009
STILLWATER TOWN BOARD MEmNG
Town Hall
7:00 P.M.
PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, Sheila-Marie
Untiedt and Matt Beane, Stillwater Township Clerk Pat BantU, Deputy
Clerk Kathy Schmoeckel and Treasurer Carol Collins.
1. AGENDA - M/S/P Countryman/Untiedt moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - M/S/P Untiedt/Countryman moved to approve the 2/12/09 Stillwater
Town Board Meeting minutes as written. (4 ayes)
3. PARCHETA SKI PERMIT - M/S/P Untiedt/Hiniker moved to authorize the Chair to
sign the Parcheta Washington County Application for Water Surface Permit. (4 ayes)
4. TREASURER-
a) Report given.
b) Budget - M/S/P Countryman/Untiedt moved to approve the proposed levy for
2010 of $769,000. (4 ayes)
c) Claims and Checks - #19043 through #19054 were approved for payment.
d) March Checks - M/S/P Hiniker/Beane moved to authorize Carol Collins,
Sheila-Marie Untiedt and Pat Bantli to sign payroll and disbursement checks that
the Treasurer deems appropriate at the annual meeting that would otherwise
have been signed at the March 12th meeting which has been cancelled due to a
lack of quorum. (4 ayes)
5. . COMMUNICATION COMMmEE - One website banner is already up and the others
will be put up after the annual meeting. The website was discussed. The Board should
e-mail pictures of themselves to Bob Ranalla for posting on the website. The Park
Committee should check the website to see if any changes or additions need to be
made. The web maintenance and update log was reviewed.
6. TRASH HAULERS - The haulers licensed in the Township had been invited to discuss
the possibility of going to an "organized" system rather than the "open" system we now
have. Mike and Tim Maroney of Maroney's Sanitation were present. Mike Maroney
pointed out that since we are a rural area, higher rates are required because of the
density of the houses. With respect to recycling, they would not opt for the single
sort system. They b~lieve they recover: more with the dual sort system. They also
take used clothing and now they tak~cardboardmilk cartons. They would welcome a
link from our website to theirs. He mentioned the possibility of dividing the Township
into zones with different haulers assigned to each zone.
Washington
....- -'" C ty
~ -~ oun
pJ --
1.
9:00
2.
9:00
3.
4.
9:10
9:10
5
9:20
6.
9:35
7.
8. 9:55
9. 10:00
to
10:30
Board of Commissioners
BOARD AGENDA
Dennis C. Hegberg, District 1
Bill Pulkrabek, District 2
Gary Kriesel, District 3
Myra Peterson, Chair, District 4
Lisa Weik, District 5
MARCH 17,2009 - 9:00 A.M.
Roll Call
Pledge of Allegiance
Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County GOVlllfllnt, whether or
not the issue is listed on this agenda. Persons who wish to address the Board mustfill out a comment card before the meegiiJegins and give
it to the County Board secretary or the County Administrator. The County Board Chair will a~u 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,jive minutes. The Boardz6ir reserves the
right to limit an individual's presentation if it becomes redundtt, 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 tiaheduled agenda items.
Consent Calendar
Human Resources/Public Health & Environment -
Revised Policy #5425 Tuberculosis Occupational Exposure Control Plan - Lowell Johnson,
Director of Public Health and Environment
General Administration - Jim Schug, County Administrator
A. 2009 Work Plan
B. Legislative Update
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 matters of interestand
information, or raise questions to the staff This action is not intended to result in substantive board action during thilne. Any action necessary
because of discussion will be scheduledfor afuture board meeting.
Board Correspondence
Adjourn
Regional Railroad Authority Workshop with Public Works
Review the Joint Powers Agreement for the High Speed Rail Corridor
************************************************************************
REMINDER: NO BOARD MEETING MARCH 31 - STH TUESDAY
Date
March 16
March 17
March 17
March 18
March 18
March 18
March 19
March 19
March 19
MEETING NOTICES
Committee
Counties Transit Improvement Board
Workshop to Discuss Long-Term Investment
4-H Economic Impact (Tentative) 10:30 a.m.
Housing and Redevelopment Authority Board 3 :30 p.m.
Counties Transit Improvement Board .8:30 a.m.
Workforce Investment Board 8:30 a.m.
Metro Transportation Advisory Board 12:00 p.m.
Metro Area Agency on Aging 9:30 a.m.
MN Extension Committee 5:30 p,m.
Parks and Open Space Commission 7:00 p.m.
Location
2099 University Avenue- St. Paul
Time
1 :00 p.m.
Wash. County Govt Center - Room LL20
1584 Hadley Avenue North- Oakdale
90 West Plato Blvd. - St. Paul
2150 Radio Drive - Woodbury
390 Robert Street North - St. Paul
2021 E. Hennepin Avenue- Minneapolis
Washington County Government Center
Washington County Government Center
Assistive listening devices are available fa use in ~he County Board Room
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
MARCH 17, 2009
The following items are presented for Board approval/adoption:
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the February 17, 24 and March 3, 2009 Board meeting
minutes.
Library
B. Approval of Amendment #1 to contract for services with the Bayport
Library .
Sheriff
C. Approval to remove the $5.00 driver licen~e printout fee from the
Sheriffs Office section of the Washington County Fee Schedule.
D. Approval to transfer ownership of Washington County Sheriff's Office
K-9 "Paetro" to his handler, Sgt. Kyle Schenck.
* 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.