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HomeMy WebLinkAbout1993-01-19 CC Packetq O REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL • • STILLWATER CITY COUNCIL January 19, 1993 1 7:00 P.M. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Commendation for Leo Miller, Investigator for Stillwater Police Dept. APPROVAL OF MINUTES - Special Meeting of December 22, 1992; Regular & Adjourned Meetings of January 5, 1992. STAFF REPORTS 1. Finance Director 4. Comm. Dev. Director 7. Fire Chief 2. Police Chief 5. Parks & Recreation 8. Building Official 3. Public Works Dir. 6. Consulting Engineer 9. City Attorney 10. City Clerk 11. City Coordinator PUBLIC HEARINGS 1. This is the day and time for the continuation of the Public Hearing to consider a Special Use Permit to construct a 23,625 sq. ft. warehouse facility with a 7,200 sq. ft. retail & office area located west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot A, Parcel 1) in the BP -I, Bus.Pk. Indus. Dist., Case No. SUP/92 -52, Washington Co. HRA, applicant. Notice of the hearing was published in The Courier on October 29, 1992 and mailed to affected property owners. UNFINISHED BUSINESS 1. Request for support of special legislation exempting Lowell Inn from lodging tax. 2. Consideration of approval of the Highlands of Stillwater 4th Addition, Case No. SUB /93 -7, Steve Fiterman, Ground Development, Applicant. 3. Resolution accepting Petition & ordering Feasibility Study for Local Improvements, Highlands 4th Addition. 4. Review & approval of Stillwater Comprehensive Plan update work program and budget request. 5. Authorization to send letter to Brigadier General Eugene Andreotti of Minnesota Army National Guard stating City's continued interest on new Armory facility in Stillwater West Business Park. 6. Continued discussion of request for Martha & Oak Streets traffic control. 7. Possible second reading of Ordinance amending the Building Code by requiring guards on exhaust pipes less than 72 inches off the ground. 8. Possible First reading of an Ordinance regulating Special Event Activities in residential structures. NEW BUSINESS 1. Appointments to various City Boards & Commissions. 2. Appointment of Council Liaisons to various City Boards & Commissions. 3. Appointment to Library Board due to resignation of Anita Buck. 4. Request from Target 8; SuperValu for TIF assistance for development of former Woodland Lakes site. 5. Application for Payment No. 4, Green Twig Way, L.I. 282. 6. Request to establish "No Parking" zone on Neal Ave. during L.I. 261 (McKusick Lake Rd. rEconstruction project). 7. Approval of Addendum No. 2 of Recycling Services Agreement. 8. Request to establish a Safety Committee. 9. Approval of Subordination Agreement for Desch Building. 10. Application for Payment No. 2 - 4th & W. Wilkins St. Ravine Project. 11. Application for Payment No. 14 - Downtown Project, L.I. 257. 12. Supplemental Agreement No. 14 - Downtown Project, L.I. 257. 13. Supplemental Agreement No. 16 - Downtown Project, L.I. 257. PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 93 -9) 2. Applications (List to be supplied at meeting). 3. Set Public Hearing date of February 2, 1993 for the following Planning Cases: a. Case No. ZAT /93 -1 - Zoning Ordinance Amendment for a Forest Protection Ordinance, City of Stillwater, Applicant. b. Case No. V/93 -1 - Variance for placement of two signs which include a 48 sq. ft. free - standing sign & a 16 sq. ft. wall sign at 14460 No. 60th St. (Goodwil - ) located in the BP -C, Business Pk. Comm. Dist., Scenic Sign Corp. Applicants. c. Case No. V/93 -2 - Variance to the Zoning Ordinance for an existing fence which exceeds the six ft. height maximum & exceeds the previous Variance granted for an eight ft. fence (Case No. V/88 -27) located in the RA, Single Family Residential Dist., Richard Edstrom, Applicant. d. Case No. SUP /93 -3 - Variance to the Parking Ordinance for the renovation of a 3.,200 sq. ft. vacant second level of a commercial structure into a retail space (Mid Town Antiques) located at 214 So. Main St. in the CID, Central Business Dist., Larry Martin, Applicant. e. Case No. V/93 -4 - Variance to the Sideyard setback requirement for the placement of an a cessory structure (approximately two ft. proposed, five ft. required: located at 2304 Fairmeadows Rd. in the RA, Single Family Residential Dist., Michael & Sandra Hudson, Applicants. f. Case No. V /SUP /93 -5 - Special Use Permit & Variance for a 5,000 sq. ft. expansion of St. Croix Valley clinic with a 29 ft. setback from Everett 2 • • • St. (30 ft. required) located at 921 So. Greeley St. in the RB, Two Family Residential Dist., St. Croix Valley Clinic, Applicant. g. Case No. SUP /93 -6 - Special Use Permit for a 2,400 sq. ft. expansion of the deck at the Freight House for placement of a temporary tent structure located at 305 So. Water St. in the CBD, Central Business Dist., Todd Weiss, Applicant. COUNCIL REQUEST ITEMS STAFF REPORTS COMMUNICATIONS /REQUESTS 1. Recommendation from Planning Commission for Council to establish policy regarding City operated facilities & services. 2. League of Minn. Cities - announcement of new Executive Director. 3. Meeting Reminder - Perro Creek /Pond Improvement Project, Jan. 27, 1993. 4. Statement of Claim & Summons - Duane Seaquist, auto damages. QUESTIONS /COMMENTS FROM NEWS MEDIA ADJOURNMENT 3 • • • SPECIAL MEETING Others: Neal Casey 1992 SAEDC PAYMENT OTHER BUSINESS Taxi Cab License - STILLWATER CITY COUNCIL MINUTES December 22, 1992 The meeting was called to order by Mayor Pro Tempore Opheim. Present: Councilmembers Bodlovick, Farrell, Funke, and Opheim Absent: Mayor Abrahamson Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None 4:30 p.m. REVIEW AND APPROVAL OF DEFERRED PURCHASE AGREEMENT RELATED TO THE REFINANCING OF OAK GLEN GOLF COURSE, City Coordinator Kriesel and City Attorney Magnuson explained that negotiations have stalled and this item will not be prepared in time for action by the present Council. Council agreed to table the item until it can be brought before the new Council. POSSIBLE RENEWAL OF RECYCLING AGREEMENT WITH JUNKER SANITATION. Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution approving Addendum Number 1 to the recycling agreement between the City and Junker Sanitation. (Resolution No. 92 -262) Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the 1992/93 SAEDC payment in the amount of $4,500. (All in favor) Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the request for renewal of a Taxi Cab License, for 1993, by Mary Luchsinger, Valley Chauffeurs. (All in favor) Stillwater City Council Minutes Special Meeting December 22, 1992 1993 Employee Assistance Program - Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the contract renewal for the 1993 Employee Assistance Program. (Resolution No. 92 -257) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None Warming House Attendants - Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the request by the Parks Department to hire Daniel Crimmins and Jason Ritzer as warming house supervisors for the coming skating season. (Resolution No. 92 -258) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None Letter to Mn /DOT regarding Hwv. 96 and Co. Road 5 Motion by Councilmember Farrell, seconded by Councilmember Funke to approve the letter to MnDOT regarding the Highway 96 and County Road 5 intersections, and directing the Mayor to sign the letter. (All in favor) Award of Bids for Highlands 3rd Addition Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution awarding the bid for utility and street construction for Highlands of Stillwater 3rd Addition, L.I. 289, to the low bidder, Mille Lacs Contracting, for $147,823.95, contingent upon receipt by the City of the deed for the portion of land dedicated as park.(Resolution No. 92 -259) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None Resolution establishing State Aid Highway Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing a portion of Washi gton County Road 66 (Greeley Street) as a Municipal State Aid Street. (Resolution No. 92 -260) Ayes - Councilmembers Bodlovick, Farrell, Funke, and Opheim Nays - None 2 • • • • Stillwater City Council Minutes Special Meeting December 22, 1992 Reauest for Confinement of Easement Motion by Councilmember Farrell, seconded by Councilmember Funke to authorize Consulting Engineer Moore to examine and define the easement on the deed for property at the quarry, as requested by First Security Title. (All in favor) ADJOURNMENT Motion by Councilmember Funke, seconded by Councilmember Farrell to adjourn the meeting at 5:10 p.m. to executive session to discuss labor relations. (All in favor) ATTEST: City Attorney Magnuson reported on a request by First Security Title for confinement of an easement located on property at the quarry which is being sold. Resolutions: No. 92 -262 - No. 92 -257 - No. 92 -258 - No. 92 -259 - No. 92 -260 - Submitted by: Shelly Schaubach Recording Secretary CITY CLERK MAYOR Approving Addendum No. 1 to Recycling Agreement Approving contract renewal of Emp. Assistance Prog. Hiring Daniel Crimmins and Jason Ritzer as Warming House Supervisors Awarding the bid for Highlands 3rd Add. to Mille Lacs Contracting Establishing Co. Rd. 66 (Greeley St.) as Municipal State Aid Highway Du 01, S tii2Pwaten, Jt i nnesota Centiticate of L ppneciation pheseoted to LEO A. MILLER RESOLUTION NO. 93 -10 WHEREAS, Leo A. Miller has been employed full -time in the City of Stillwater Police Department since December 15, 1973; and WHEREAS, Leo A. Miller, as Police Officer and Investigative Officer, has served the City faithfully, efficiently and courteously, often giving over and above the duties required; and WHEREAS, the City of Stillwater is fortunate to have employees such as Leo A. Miller, who is respected and well liked by the residential and business community alike, and regrets that Mr. Miller is retiring. The City of Stillwater, extends its best wishes for the future to Mr. Miller. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the said Leo A. Miller be commended for his service to the City and the City Clerk is hereby authorized and directed to spread this resolution upon the official record of proceedings of the Council and to deliver a certified copy thereof to the said Leo A. Miller. Adopted by Council this 19th day of January, 1993. • • RECONVENED MEETING Others: None ATTEST: CITY CLERK STILLWATER CITY COUNCIL MINUTES December 22, 1992 The Meeting was called to order by Mayor Pro Tempore Opheim. Present: Councilmembers Bodlovick, Farrell, Funke, and Opheim. Absent: Mayor Abrahamson Also Present: City Coordinator Kriesel City Attorney Magnuson Press: None • Ayes - Councilmembers Bodlovick, Farrell and Opheim. Nays - Councilmember Funke 5:55 P.M. MEMORDANDUM OF UNDERSTANDING FOR HOSPITAL /MEDICAL INSURANCE COVERAGE Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the Memorandum of Understanding between the City of Stillwater and the Stillwater Public Managers' Association regarding Hospital /Medical Insurance for Diane Deblon and Mary Lou Johnson. (Resolution No. 92 -261) STILLWATER FIREFIGHTERS ASS'N. AGREEMENT Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the 1993 Agreement between the City of Stillwater and Stillwater Firefighters Association. (All in favor.) ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Funke to adjourn the meeting at 6:00 P.M. (All in favor.) MAYOR Resolution No. 92 -261: - Memo. of Understanding between the City and the Stillwater Public Managers' Ass'n. (Deblon & Johnson). • • • REGULAR MEETING STILLWATER CITY COUNCIL MINUTES January 5, 1993 The Meeting was called to order by Council Vice President Opheim. Present: Absent: Also Present: Press: Others: Councilmembers Bodlovick, Farrell, Funke, and Opheim. None City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell City Planner Pung - Terwedo Planning Comm. Chair Fontaine Public Works Director Junker Police Chief Beberg Fire Chief Seim Building Official Zepper City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette John Gilstrom, Stillwater Gazette Kim Zeuli, St. Croix Valley Press Jim Broede, St. Paul Pioneer Press Ann Cummings & family, Mr. & Mrs. Charles Hooley, Marguerite Rheinberger, Gene Bealka, Mrs. Casanova, Mr. & Mrs. Ron Anderson, Maureen Farrell, Jelle DeBoef, Harry Peterson, Wally Abrahamson, Gary Opheim. Jack Dielentheis, Kirk Roetman, Art Palmer, D. Sullivan, Mr. & Mrs. Jim Junker, Tom Lillesvie, Mark Balay, Jim McKinney, Chuck Dougherty, Dick Olsen, John Ogren, Ed Cain, Bob Utecht, R. Kilty, George Johnson, Mike Mahoney, Don Valsvik, Neal Casey. APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Regular & Recessed Meetings of December 1, 1992 and Regular Meeting of December 15, 1992 as presented. (All in favor). UNFINISHED BUSINESS 1. Appointment of Mayor Pro - Tempore. City Coordinator Kriesel reported that this item would be acted upon after the installation of the new Council. It was noted that a Mayor Pro Tempore is required because Mayor Wally Abrahamson was elected to the Washington Co. Board and has vacated the office of Mayor. 1 7:00 P.M. Stillwater City Council Minutes January 5, 1993 Regular Meeting ADJOURNMENT Motion by Councilmember 3odlovick, seconded by Councilmember Funke to adjourn the meeting at 7:15 P.M. (All in favor). ATTEST: Outgoing Councilmembers Opheim and Farrell thanked the citizens and City Staff for support during their terms on the Council. City Coordinator Kriesel presented former Mayor Abrahamson and Councilmembers Farrell and Opheim with an appropriate memento honoring their service to the City of Stillwater. CITY CLERK 2 MAYOR • • • • • • STILLWATER CITY COUNCIL MINUTES ADJOURNED MEETING January 5, 1993 7:30 P.M. Present: Councilmembers Bodlovick, Cummings, Funke, and Kimble. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell City Planner Pung - Terwedo Planning Comm. Chair Fontaine Public Works Director Junker Police Chief Beberg Fire Chief Seim Building Official Zepper City Clerk Johnson Press: Others: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette John Gilstrom, Stillwater Gazette Kim Zeuli, St. Croix Valley Press Jim Broede, St. Paul Pioneer Press Ann Cummings & family, Mr. & Mrs. Charles Hooley, Marguerite Rheinberger, Gene Bealka, Mrs. Casanova, Mr. & Mrs. Ron Anderson, Maureen Farrell, Jelle DeBoef, Harry Peterson, Wally Abrahamson, Gary Opheim. Jack Dielentheis, Kirk Roetman, Art Palmer, D. Sullivan, Mr. & Mrs. Jim Junker, Tom Lillesvie, Mark Balay, Jim McKinney, Chuck Dougherty, Dick Olsen, John Ogren, Ed Cain, Bob Utecht, R. Kilty, George Johnson, Mike Mahoney, Don Valsvik, Neal Casey. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF THE COUNCIL The meeting reconvened at 7:30 P.M. and City Clerk Johnson administered the Oath of Office to Councilmembers Elect Cummings and Kimble. SPECIAL ORDER OF BUSINESS 1. Appointment of Mayor for Council. Discussion followed regarding the proper procedure to follow in choosing a Mayor Pro Tem to open the meeting. Motion by Councilmember Funke to appoint Councilmember Cummings as Mayor Pro Tempore. The motion died for lack of a second. 1 Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Motion by Councilmember Cummings, seconded by Councilmember Funke to appoint Councilmember Kimble as Mayor Pro Tempore to call the meeting to order. (All in favor). Mayor Pro Tempore Ki were Councilmembers Further discussion followed regarding the correct procedures for appointing a Mayor Pro Tempore to lead the meeting during the discussion of appointment of Mayor. Motion by Councilmember ummings, seconded by Councilmember Bodlovick to appoint Councilmember Ki ble as Mayor Pro Tempore until a new Mayor is appointed. (All in favor). City Clerk Johnson a Charles Hooley. ble called the meeting to order at 7:35 P.M. Present odlovick, Cummings, Funke, and Kimble. City Attorney Magnuson explained that because Stillwater is a Charter City, the Council can appoint a Mayor to replace Mayor Abrahamson. He also stated comments on this appointment can be heard from citizens. Councilmember Cummings stated the Council should try to appoint a Chief Executive Officer for the City that can make a major impact on the City. Further discussion followed. Jelle DeBoef, 16432 So. 7th St. Ln., Lakeland, asked if there were other nominees. Bob Kimbrel, 724 W. Oak St., asked what the Council has done to determine the appropriate proc ss for determining the qualities for a good mayor. Councilmember Cummin s stated he has received favorable comments regarding Mr. Hooley and he ha known him through church affiliation. No one else has stated an intere t in being Mayor and Mr. Hooley has volunteered. Councilmember Kimble gave some history on previous vacations of Council seats in which a letter of interest was received and then an appointment was made by Council. Motion by Councilmember (:ummings, seconded by Councilmember Funke to appoint Charles M. Hooley as Mayor of the City of Stillwater to replace former Mayor Abrahamson. Ayes - 3; A stain - 1, Councilmember Bodlovick. ministered the Oath of Office to Mayor Appointee Council recessed at :05 in order for congratulations to be received by Mayor Hooley and rec nvened at 8:15 P.M. 2 • • • Stillwater City Council Minutes January 5, 1993 • Adjourned Meeting • • Mayor Hooley stated he was honored to be asked to serve as Mayor of Stillwater and will do his best for the City and will work to foster interest in the business community. Resolutions Honoring former Mayor Abrahamson, and Councilmembers Farrell and Opheim Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution honoring former Mayor Abrahamson for his years of service to the City of Stillwater. (Resolution No. 93 -3) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution honoring former Councilmember Farrell for his years of service to the City of Stillwater. (Resolution No. 93 -4) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution honoring former Councilmember Opheim for her years of service to the City of Stillwater. (Resolution No. 93 -5) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None INDIVIDUALS, DELEGATIONS AND COMMENDATIONS Ed Cain - Update on Funding for Levee Wall Ed Cain, Legislative Consultant for the City, updated Council on the progress of Federal and State funding for the Levee Wall Project. Application for State Flood Hazard Mitigation Grant for Levee Wall Project. Mr. Russell stated that the City can apply for state grant assistance in the amount of $400,000 to help defray the $800,000 share of the City's costs for this project. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the application for Flood Hazard Mitigation Grant Assistance and directing Staff to submit said application to the proper State agency. (All in favor). Councilmember Cummings asked whether the original $3.2 million included engineering fees. Mr. Russell replied that the engineering has not been finally determined and that the Corps of Engineers can do the work 3 Stillwater City Council Minutes January 5, 1993 Adjourned Meeting themselves or contract for these services. STAFF REPORTS 1. Community Development Director - No report. 2. Finance Director '- No report. 3. Fire Chief - No report. 4. Public Works Director - No report. 5. Consulting Engineer - L.I. 291 - Fourth & Hickory Streets Drainage Project Mr. Moore explained that during the work on this project, it was determined that rip rap would be needed to place on top of fill to hold it in place. The cost would be approximately $5,000. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve a Change Order for the Hickory & 4th St. Ravine project, in the amount of $5,000 for rip -rap. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Special Use Permit & Variance to the Bed & Breakfast Ordinance for a fifth Bed & Breakfast room in an adjacent carriage house (as conditioned by the Stillwater City Council on Jan. 7, 1992), located at 807 S. Harriet St. in the RB, Two - Family Residential Dist., Case No. V /SUP /91 -62, Truett & Jill Lawson, Applicants. Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell explained that the request is to add a fifth room to an existing Bed & Breakfast facility which was approved last year. The fifth room was requested at that time and denied, but the owners were allowed to reapply in one year. Planning Commission Chair Fontaine stated the Planning Commission reviewed the request and there was some concern voiced by neighbors because Df the separate dwellings. The Planning Commission approved the request. Truett Lawson, applicant, stated they have had a satisfactory operation and the City has received no negative phone calls. Mike Bonse, 621 W. Chirchill St., stated the Lawsons have done a good job and their operation is a good addition to the neighborhood. Mayor Hooley closed tle public hearing. 4 • • • Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Motion by Councilmember Funke, seconded by Councilmember Kimble to approve a Special Use Permit & Variance to the Bed & Breakfast Ordinance for a fifth Bed & Breakfast room in an adjacent carriage house, as conditioned, located at 807 S. Harriet St. in the RB, Two - Family Residential Dist., Case No. V /SUP /91 -62, Truett & Jill Lawson, Applicants. (All in favor). 2. This is the day and time for the continuation of a Public Hearing to consider a Parking Review for an office use (approximately 200 employees) in the east wing of the present Jr. High School, 110 E. Pine St. located in the PA, Public Admin. /Office Dist., Case No. PR/92 -57, CUB Foods, Applicant. Notice of the hearing was published in The Courier on November 19, 1992 and mailed to affected property owners. Mr. Russell stated this case was scheduled before the City Council previously and the Planning Commission has continued it indefinitely. He recommended the City Council do the same. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to continue indefinitely the Public Hearing to consider a Parking Review for an office use (approximately 200 employees) in the east wing of the present Jr. • High School, 110 E. Pine St. located in the PA, Public Admin. /Office Dist., Case No. PR/92 -57, CUB Foods, Applicant. (All in favor). • 3. This is the day and time for the Public Hearing to consider a Street Vacation for a 50 ft. section of Meadowlark Dr. between N. Sherburne St. and S. Center St. in the RB, Two - Family Residential Dist., Case No. SV/92 -58, Madeline S. Connelly, Applicant. Notice of the hearing was published in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell stated this request is for a street vacation of an unimproved right -of -way which is an extension east of Center Street, with the owner willing to grant an extension of an easement to the residents on the east side of the property. The City utility departments reviewed the request and there does not appear to be any utilities in the unimproved road easement. Mr. Fontaine stated the Planning Commission approved the request. Agnes Mowry, 1104 Meadowlark Dr., does not approve of the vacation and stated it has not been examined. There are wetlands there and she is concerned about the water level near her house. David Haak, 504 No. Owens St., stated he never received a notice of the hearing. He also said there was a City sewer that runs through that area 5 Stillwater City Council Minutes January 5, 1993 Adjourned Meeting and historically, it was part of McKusick Lake. Further discussion included the fact thlt fill was placed in that area when the sewer separation was done. Motion by Councilmember Funke, seconded by Councilmember Kimble to continue and refer to the Planninl Commission, a request for a Street Vacation for a 50 ft. section of Meadowlark Dr. between N. Sherburne St. and S. Center St. in the RB, Two - Family Residential Dist., Case No. SV/92 -58, Madeline S. Connelly, Applicant. (All in favo ^). 4. This is the day and time for the Public Hearing to consider a Variance to the Sideyard setback requirement (10 ft. required, 8.75 ft. requested) & a modification to a Special Use Permit intensifying a retail use at 320 N. Fourth St. in the RB, Two - Family Residential Dist., Case No. V /SUP/92 -59, Thomas M. Loome, Applicant. Notice of the herring was published in The Courier on December 24, 1992 and mailed to affected property owners. Mr. Russell stated teat the request is for construction of an addition to a church at 320 No. Fourth St., which has a retail use in a residential district. Mr. Fontaine stated the Planning Commission approved the request -- there were no negative comments. Mayor Hooley closed the public hearing. Motion by Councilmember Bodiovick, seconded by Councilmember Cummings to approve a Variance to the Sideyard setback requirement (10 ft. required, 8.75 ft. requested) & a modification to a Special Use Permit intensifying a retail use at 320 N. Fourth St. in the RB, Two - Family Residential Dist., as conditioned, Case No. V/SUP/92-59, Thomas M. Loome, Applicant. (All in favor). Councilmember Bodiovick initiated discussion of a discrepancy in the Planning Commission minutes. Mr. Fontaine stated a correction will be made at the next Planning Commission meeting. UNFINISHED BUSINESS 1. Possible second reading of Ordinance amending the Building Code by requiring guards on xhaust pipes less than 72 inches off the ground. Motion by Councilmember Kimble, seconded by Councilmember Funke to continue the second reading of an ordinance amending the Building Code by requiring guards on exhaust pipes less than 72 inches off the ground. (All in favor). 2. Historic Context Study Grants. Motion by Councilmember Kimble, seconded by Councilmember Funke to issue a special thank you to Rivertown Restoration for the grant of $1,200 for support of the Historic Context Study. (All in favor). 6 • • • Stillwater City Council Minutes January 5, 1993 Adjourned Meeting • • NEW BUSINESS 1. Appointment of Vice President for Council. Motion by Councilmember Funke to appoint Councilmember Cummings as Vice President of the Council for 1993. The motion died for lack of a second. Council discussed the procedure that has been followed in the past -- that being that each Councilmember has a turn. Councilmember Bodlovick noted that it is Councilmember Funke's turn to serve as Council Vice President. Motion by Councilmember Kimble, seconded by Councilmember Cummings to appoint Councilmember Funke as Vice President of the Council for 1993. (All in favor). 2. Designation of Legal City Newspaper for 1993. City Clerk Johnson explained that bids had been taken for 1993 legal advertising, and three bids were received, with The Courier presenting the low bid of $4.13 for publishing the sample hearing notice. Mike Mahoney, Stillwater Gazette, distributed a handout comparing the Gazette and Courier newspaper bids, with measurements and calculations showing the Gazette bid to be the lowest. Extensive discussion followed, which included a statement by the City Attorney that the request of the bid specifications was to provide the City with a fee for publication of the sample notice only. It was noted that the Gazette has a larger circulation than either of the two other newspapers and it is a daily, although it was also noted this can't be considered as long as the papers are legal newspapers. Julie Kink, reporter for the Stillwater Courier, stated an explanation of distribution figures could be obtained from Bob Liberty, publisher of the Courier. Kim Zeuli, reporter for the St. Croix Valley Press, stated circulation figures for that newspaper are 3,892. Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution designating the Stillwater Gazette as the City's legal newspaper for the year, 1993. (Resolution No. 93 -7) Ayes - Councilmembers Cummings, Funke and Mayor Hooley. Nays - Councilmembers Bodlovick and Kimble. 3. Designation of Depositories for 1993. 7 Stillwater City Council Minutes January 5, 1993 Adjourned Meeting Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resoluti n designating Depositories for 1993, with the name of Cosmopolitan Bank change to Central Bank. (Resolution No. 93 -2) Ayes - Councilmembers Bo Nays - None lovick, Cummings, Funke, Kimble and Mayor Hooley. 4. Requests from Sesquicentennial Committee for funding and use of Lowell Pk. & Water St. for various events on January 16. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the the listing of expenditures, in the amount of $410.00, for the opening Sesquicentennial Ceremony on January 16, 1993; the use of Lowell Park for an ice cream social followirg the ceremony; and the use of Water St. behind the Brines Restaurant for a Bocce Ball tournament. (All in favor). CONSENT AGENDA Motion by Councilmember Funke, seconded by Councilmember Kimble to approve the Consent Agenda of January 5, 1993 including the following: (All in favor). 1. Directing Payment oflBills (Resolution No. 93 -1). Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. The following Contractors Licenses: Penn Contracting, Inc. Outside Sewer & 1697 Peltier Lake Drive Water Connections Centerville, Mn. 55038 8 New Scenic Sign Corp. Sign Erection Renewal 828 So. Fifth St. Sauk Rapids, Mn. 56379 COUNCIL REQUEST ITEMS Discussion of Policy for Street Vacations Council discussed recuiring notification of persons within 300 ft. of a proposed street vacation. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt a policy to notify residents within 300 ft. of a requested street vacation. (All in favor). STAFF REPORTS (continued) City Clerk - Attendance of City Errployees at Munici -Pals Winter Workshop. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the request to send approximately six City employees to the Munici -Pals Winter • • • Stillwater City Council Minutes January 5, 1993 Adjourned Meeting • • Workshop on the St. Paul Campus of the University at a cost of $30.00 per person. (All in favor). Use of Council Chambers by Stillwater Township on March 9, 1993. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the use of the City Hall Council Chambers on March 9, 1993, 8:30 P.M. for the Stillwater Township annual meeting. (All in favor). City Coordinator - Special Meeting on Discussion of Solid Waste Issues. Council set a Special Meeting for Tuesday, January 12, 1993 at 4:30 P.M. to discuss solid waste issues. Change of Meeting Date for S.E. Sanitary Sewer Repair. Motion by Councilmember Funke, seconded by Councilmember Kimble to reschedule an informational hearing on the Southeast Sanitary Sewer improvement for January 26, 1993 at 7:00 P.M. (All in favor). Designation of City Planner Pung- Terwedo as a Full -Time Employee Mr. Kriesel stated that during the budgetary process the Council approved a full -time position for City Planner Ann Pung - Terwedo and a resolution is required for that designation. Discussion followed regarding continuing this item to a future meeting. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution designating City Planner Pung - Terwedo as a full -time employee. (Resolution No. 93 -6) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None City Attorney - Corrective Easement - Diane M. Pearson Mr. Magnuson explained the need for correction to this easement dating from 1912. He further stated the correction would make the title to this land marketable. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the Corrective Easement for Diane M. Pearson in the vicinity of So. First St., E. Churchill St. and Sixth Ave. So. (Resolution No. 93 -8) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None COMMUNICATIONS /FYI 9 Stillwater City Council Minutes January 5, 1993 Adjourned Meeting 1. LMC - 1993 Conference for Newly Elected Officials. Council took note of this conference. ADJOURNMENT Motion by Councilmember =unke, seconded by Councilmember Kimble to adjourn the meeting at 10:15 P.M. (411 in favor). ATTEST: CITY CLERK MAYOR Resolutions: No. 93 -1 - Directing Paynent of Bills. No. 93 -2 - Designation of Depositories. No. 93 -3 - Commending Mayor Abrahamson. No. 93 -4 - Commending Councilmember Farrell. No. 93 -5 - Commending Councilmember Opheim. No. 93 -6 - Designating City Planner Pung - Terwedo as Full -Time Employee. No. 93 -7 - Designating the Stillwater Gazette as the 1993 Legal Newspaper. No. 93 -8 - Corrective Easement for Diane M. Pearson. 10 • • M E M O R A N D U M TO: Mayor and City Council FR: Diane Deblon, Finance Director P\ DA: January 15, 1943 RE: 1992 LOCAL GOVERNMENT AID (L.G.A.) KMVXNUE Background The City of Stillwater receives financial support from the State of Minnesota in the form of L.G.A. This financial support began in 1972 and was considered a large part of the "Minnesota Miracle ". Although this money is still called L.G.A. today, the apportionment and dollar amount has been changed virtually every year since inception by the state legislature. For comparison purposes, in 1989 the City of Stillwater received approximately $1,250,000 in L.G.A. and in 1991 the City of Stillwater received $690,211. L.G.A. is a revenue source that is included in the general fund budget each year. In recent years, this has been a very volatile source of revenue due to changes made by the legislature after the City has adopted its budget. To put this in perspective, you need to understand the timing involved. The City formulates its next year's budget in July and August, including the amount of L.G.A. as determined by the state. The City adopts a proposed budget and tax levy in September. Prior to December 25, the City must hold a public hearing and adopt the final tax levy and budget for the next year. During January to March, the legislature meets and can make changes in the amounts of L.G.A. Historically, these have been cuts, some of them drastic, causing cities to amend their budgets for the current year. Notice of changes in L.G.A. have been as late as July in some years (7 months into the current budget year). Past Year - 1992 The City budgeted $671,883 for L.G.A. revenue. In July 1992, the City received the first half of L.G.A. in the amount of $335.941.50. In late December 1992, the State of Minnesota revised their revenue forecasts and determined there would be excess revenue in the Local Governmental Trust Fund (L.G.T.F.), which is the state's source of funds for L.G.A. According to state statutes, this excess was required to be paid to cities with the second half payment. This is the first time that payments to cities have been more than budgeted. Therefore, in December 1992, the City received $393,136.50 or $57,195 over the budgeted amount. There are no strings attached to this money and it may be used by the City however it chooses. Current Year - 1993 The City of Stillwater has budgeted $692,081 for L.G.A. revenue. The legislature has just convened and i faced with solving the state budget deficit of $769 million. The current a inistration has solved prior state deficits by cutting the amount of L.G.A. to ities. It remains to be seen what the final solution will be, but you can be sure that L.G.A. to cities will be looked at during this legislative session as well as how cities expended the additional revenue received in December. • • • • • Background Analysis Conclusion Recommendation M E M O R A N D U M TO: Mayor and City Council FR: Diane Deblon, Finance Director DA: January 15, 1993 RE: ACCIDENT POLICY FOR BOARDS, COMMITTEES AND COMMISSIONS The LMCIT provides an optional coverage to cities for city boards, committees and commissions in the form of accident coverage. This accident policy would cover an individual while he /she is traveling to or from a meeting or while conducting official city business (city boards, committees and commissions are not covered under the workers compensation policy) and would provide a $100,000 accidental death benefit and a $400 /week short -term benefit for total disability. In previous years, the City has not chosen to elect this accident coverage. The City may provide coverage for any boards, committees or commissions that it designates. But it cannot be offered on an individual basis to members of boards (i.e., all members of a board or none). Further, after discussion with our insurance agent, Rob McGarry, he advised that the City should either extend the coverage to all or none of the boards, committees or commissions. There are fourteen (14) different boards, committees and commissions with a total of 108 people on them. The cost for accident coverage is $12.75 per person/ year. To cover all the members of all the boards, the total cost would be approximately $1,400 /year. Members of boards, committees and commissions are currently covered under the City's insurance policy that provides medical benefits (subject to the deductible) in the event of an accident on City property, with no coverage for accidental death or total disability. Although the rates are reasonable on a per person basis, the $1,400 for this insurance was not budgeted for 1993. Rob McGarry and I both believe that our current coverage for boards, commissions and committees is adequate for the exposure. RESOLUTION NO. 93 -11 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL ti vr.nun CODE Be It Resolved by the City Council (the Council) of the City of Stillwater, Minnesota (the City), as follows: 1. Recitals. a. The Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time for the issuance of bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. c. The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii) expenditures constituting of preliminary expenditures as defined in Section 1.103- 18(i)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out of the proceeds of the debt (the Bonds) to be incurred by the City after the date of payment of all or apportion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. d. This declaration as a declaration of official intent adopted pursuant to Section 1.103 -18 of the Regulations. • • • 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long -term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long -term basis or otherwise set aside) to provide permanent financing of the expenditures related to the projects other than pursuant to the issuance of the Bond. This Resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 4. Filing. This Resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This Resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City of every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expenditure being reimbursed, or in the case of reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. Adopted this 19th day of January 1993. Attest: city clerk Mayor Project Description Highlands Phase III, L.I. 289 Fourth & Hickory Drainage, L.I. 291 1993 Capital Outlay (schedule attached) EXHIBIT A Estimated Cost to be reimbursed From Bond Proceeds $215,557 $ 20,000 $423,192 • • • • • ADMINISTRATION /FINANCE Chairs (5) $1,065 Computer /Printer /Workstation /Software $9,100 File Cabinet $220 Lens for Reader /Printer $220 Fiche Storage Boxes $200 $10,805 PLANT Miscellaneous Painting $5,000 Facility Study $16,000 $21,000 POLICE Mobile Data Terminals (5) $22,500 State of Minnesota Computer Update $7,505 Used Investigator Vehicle $7,203 Squad Vehicles (2) $27,725 FIRE Suburban Vehicle INSPECTION Computer Desk PUBLIC WORKS - STREETS Dump Truck /One Ton Dump Truck /Two Ton 4th & Hickory Storm Sewer PUBLIC WORKS - SHOP Miscellaneous Equipment Schedule A 1993 CAPITAL OUTLAY TOTAL GENERAL FUND $262,138 $64,933 $25,000 $400 $25,000 $60,000 $50,000 $135,000 $5,000 Continued . . • • • LIBRARY Paperback Rotating Rack $484 Periodical Citation Module $5,600 Chairs for Carrels & Tables (3) $350 Informational Video Rack $360 Microfiche Cabinet $1,400 Refrigerator /Staff Room $360 Shades /Rivers Room $280 Office Software $400 Audio Cassette Dubbing Deck $450 Computer /Printer /Reference Room $600 ADA Modifications $3,000 Repair Leaks .$3,000 PARK DEPARTMENT Chassis & Weed Control Sprayer Schulenberg Playground Equipment Resurface Tennis Courts (3) Storage Shed Light Ramsey Grove Skating Rink SEWER DEPARTMENT Pickup Truck /3/4 Ton SOLID WASTE Dumpsters Schedule A 1993 CAPITAL OUTLAY TOTAL LIBRARY FUND $16,284 TOTAL PARK FUND LILY LAKE Plexiglas /West Bleachers Remodel Players Boxes Paint Outside Arena Blacktop /Tennis /Basketball Courts Sealcoat LL & Croixwood Pkg Lots TOTAL LILY LAKE FUND TOTAL CAPITAL OUTLAY $423,192 $20,000 $8,000 $20,000 $12,000 $1,900 $61,900 $20,000 $5,000 $5,000 $3,000 $1,500 $38,000 $10,370 $57,870 DONALD L. BEBERG CHIEF OF POLICE 93 -03 THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT NI E NNN 10 F NI LJ NNN TO: MAYOR HOOLEY AND THE CITY COUNC FROM: D.L. BEBERG, CHIEF OF POLICE DATE: JANUARY 15 , 1993 RE: PURCHASE FOR THE D.A.R.E. PROGR 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response / Assistance: 911 TIMOTHY J. BELL CAPTAIN THE DEPARTMENTS D.A.R.E. OFFICERS ARE REQUESTING PERMISSION TO PURCHASE A SLIDE PROJECTOR FOR THEIR USE IN THE SCHOOLS. AT THIS TIME THEY HAVE TO BORROW ONE WHEN IT IS NEEDED. THEY WANT TO PURCHASE A QUALITY UNIT SO THEY CAN GET YEARS OF SERVICE OUT OF IT. THE UNIT THEY WANT THAT FITS THEIR NEEDS IS AT THE "IMAGES OF THE PAST" STORE IN DT STILLWATER. IT ALSO IS THE LOWEST PRICE THEY FOUND FOR THAT PARTICULAR MODEL AND IS IMMEDIATELY AVAILABLE. THE COST OF THE UNIT IS $406.25 + $26.41 SALES TAX FOR A TOTAL OF $432.66. THERE IS MONEY IN THE BUDGET FOR THIS EXPENDITURE. ENGINEERS ■ ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL. MN 55110 -5108 612 490 -2000 800 325 -2055 December 29, 1992 Mr. Donald L. Beberg, Chief of Police Stillwater Police Department 212 N. 4th Street Stillwater, MN 55082 Dear Chief Beberg: RE: Stillwater, Minnesota Martha Street and Oak Street Traffic Control SEH File No. 92280 cc 1114143 • This letter confirms our field observations of December 23, 1992, when you, Captain Tim Bell and myself looked at the intersection of Martha Street and Oak Street. The City, over the course of many years, has installed a significant number of stop signs at intersections and is therefore somewhat conservative in installing additional signs. This approach is very justified and very logical and we wholeheartedly support it. The intersection of Martha Street and Oak Street, based solely on traffic volumes or the designation of a thru street, should not have stop signs. However, a field review of the area around the intersection does indicate the need for stop signs on Oak Street. The intersection is very difficult to see from any of the four approaches, as it blends into the driveways and houses. Traffic probably approaches the intersection with less caution than desirable, resulting in some of the accidents and near accidents that have been reported. The options are to try to define the intersection, or install traffic controls such as yield signs or stop signs. There is no easy way to point out the exact location of the intersection even though advance warning signs could be installed. The most cost effective method is probably to install stop signs. Oak Street basically is a two block street between Holcombe Street and William Street, where it takes a slight jog before continuing west to Sherburne, with another jog, finally ending west of Seeley Street. Oak stops at Holcombe6 and most of the traffic is very local. Martha Street is also relatively short running from Willard to Olive, with another offset intersection before continuing south to the high school. With stop signs at Pine Street and • Olive Street, Martha also has primarily local traffic. '4"1, ( O SHORT ELLIOTT HENDRICKSON INC ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI • Mr. Donald L. Beberg December 29, 1992 Page 2 • We therefore feel that the local traffic, the high probability of traffic stopping at the stop sign and the difficulty in locating the intersection approaching it all contribute to justification for the stop sign. We therefore concur in your recommendation to install stop signs on Oak Street at Martha Street. GVW /kam c: Dick Moore Nile Kriesel, City Administrator Sincerely, Glen Van Wormer Manager Transportation Department • • Discussion: PLANNING APPLICATION REVIEW CASE NO. SUP/92 -52 Planning Commission Meeting: October 12, 1992 Project Location: On Washington Avenue between Curve Crest Blvd. & Orleans. Comprehensive Plan District: Industrial Park. Zoning District: Business Park Industrial Applicant's Name: Washington County Housing & Redevelopment Authority. Type of Application: Special Use Permit Project Description: Request to operate a lumberyard with outside storage in the Business Park Industrial District, BP -I. • The request is to construct a lumberyard and building center. The building includes 23,625 square feet of covered warehouse space, 50,000 square feet of outside storage, and 7,200 square feet of office /retail space. (See attached letters.) A paved outside display area is provided next to the retail space. Currently, 80 -85% of the building center's sales are to building contractors. A Special Use Permit is required because of the outside storage area and a determination that the lumberyard use is appropriate for the BP -I district. The use is not listed, but of the Industrial Park districts (office, commercial and industrial) the industrial district is most appropriate for the use. The lumberyard use would be similar to a nursery. (See attached BP -I regulations.) The plans show 71 car parking spaces in three areas. This number is in excess of the required parking for an office /warehouse use (60 spaces). PLANNING COMMISSION RECOMMENDATION: The plan has been reviewed by the Design Review Committee. Based on their review, they recommend approval of the project with an added condition regarding the site financing. (See attached Design Review Committee report.) . PLANNING APPLICATION REVIEW • • CASE NO. SUP/92 -52 - Continued CONDITIONS OF APPROVAL: 1. Maximum sign area shall be 90 square feet. 2. The project design shall be reviewed by the Design Review Committee for consistency with the West Business Park design guidelines before Council decision. 3. A lighting plan shall be submitted for Community Development approval. The light source shall not be seen from off site and light shall be directed down. 4. The plans shall be reviewed by the City Engineer and comments incorporated into the final development plans. 5. The project shall meet Stillwater West Business Park design standards. 6. Landscaping shall be kept in a healthy condition for five years. 7. The fencing on the north and south portions of the property shall be opaque with some landscaping to soften the areas between the fence and property line. CASE NUMBER Case Number 5 Li Fee Paid 70 0 Date Filed 1 %19)- PLANNING ADMINISTRATIVE FORM • Street Location of Property: On Washington Avenue near Curve Crest Logal Description of Property: See attached legal descriEtion Owner: Name Bill J. Pauley, Sharron M. Pauley, Violette E. Kern 4570 Northbrook Blvd. Address __St , t..er,, MN 55082 Phone: Applicant (if other than owner): Name Washington County Housing & Redevelopment Authority Address 321 Broadway Avenue Phone: 612/458 -0936 St. Paul Park, MN 55071 Typo of Request:. ___ Rezoning ___ Approval of Preliminary Plat ___ Special Use Permit ___ Approval of Final Plat ___ Variance _ Other • Description of Request: _ Sg.e ial Use Permit to allow construction of . a United B,j d Ljng Centers retail store adj_oining a Eroposed warehouse facility. Date of Public Hearing: Comments: (Use other side), Signature of Applicant: �Ke e b tree tok NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at- tached, showing the following: • :sr J CT S 1. North direction. �� �" k 6 , 2. Location of proposed structure on lot. 3. Dimensions of front and side set - backs. �' 4Cl 4 4. Dimensions of proposed structure. 5. Street names. N ?hip CITY Cif W'.Sp, 6. Location of adjacent existing buildings. �T M �Nt� 3/ f 7. Other information as may be requested. ` Approved ___ Denied ___ by the Planning Commission on (dute) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the • following conditions: SITE PROPERTY TO SOUTH OF SITE • • Dear Dennis: UBC UNITED BUILDING CENTERS A Division of Lanoga Corporation October 1, 1992 Mr. Dennis L. Balyeat, Executive Director Washington County Housing and Redevelopment Authority 455 Broadway Avenue St. Paul Park, MN 55071 The following information may be helpful to the Planning Board as they consider our application for a special use permit for a UBC retail store. The new facility we are planning will consist of a 7,200 sq. ft. retail and office area, and a 23,625 sq. ft. attached warehouse. We will provide a full range of building materials 411 and services to the Stillwater area. Products will include lumber, plywood, roofing, insulation, kitchen cabinets, siding, etc. Services will include delivery, the availability of charge accounts, and assistance in the planning and design of homes, kitchens, decks, garages, room additions, etc. This will be a full service operation staffed by 10 -15 competent professionals whose primary mission will be to service the needs of both contractors and do- it- yourselfers. We anticipate that approximately 50 -100 customers will visit our center each day. We intend to provide 50 -70 parking locations for their convenience. United Building Centers has been in business in Minnesota since 1855 and has operated a retail building center in Stillwater since 1970. We are recognized by our customers, suppliers, competitors, and employees as a fair, honest, strong, and growing company. We are responsible corporate citizens and good neighbors displaying sensitivity to the community at large and to our immediate neighbors. We believe it is extremely important for a growing progressive city like Stillwater to have convenient access to a full service building material retailer which offers quality materials at competitive prices which result from the combined purchasing power of our 105 store operation. 125 West Fifth Street, P.O. Box 5550, Winona, Minnesota 55987 -0550 Telephone 507•452 -2361 Mr. Dennis L. Balyeat Page two October 1, 1992 We are very excited about the possibility of our relocating to the Stillwater Commercial and Industrial Park and remain very optimistic about our business prospects in the Stillwater market. g Sincerely, UNITED BUILDING CENTERS (a division of Lanoga Corporation) Dale Kukowski Vice President • • • '10%12:92 16:15 FAX 612 490 2150 4111 ENCIN� 4RCNITEQTt ■ PLANNERS • October 12, 1992 BCP /cih Enclosure S;u RT ELLIOTT cr rl (VIA MN SEH ST. PAUL - r-> STILLWATER 0002/006 3535 VAONAIS CEN r ER DRIVE, ST. PAUL. MN 55110.5108 612 490 -2000 d00 325 -2055 RE: Stillwater, Minnesota UBC Building Stillwater industrial Park SUP/92-5 & SUB /92 -50 Mr. Steve Russell, Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Steve: have reviewed the grading and site plan prepared for the UBC Builandglocated n orth of Curve Crest Boulevard on Department and wilTraffic e submitted separately. reviewed by the Transportation P The sketch drawing and legal descriptions accurately describe the epr. peTty to be subdivided. Parcel 2 is proposed to be built on under this proposed and water services from (2 and 3) will contain sanitary sewer Washington Avenue. Six 6 The two parcels shown inch (6") sanitary sewer and eight inch (8") stubs were extended in the when utilities were installed on Washington Avenue. Se cwt be located serve the approximate middle of each of the parcels. The stubs provided proposed UBC Building. Storm sewer is not located adjacent to the site. The grading plan i be a e s surface a the all directions away from the building. Drainage swales should tan Avenue rather property lines to intercept the runoff and grading, siltationferVices s be installed as than onto adjacent properties. Prior tog g shown on the attached plans. Following grading, the disturbed areas should be seeded and mulched to reduce erosion. We estimate the cost to be $8,600 for the seeding, mulch and silt fences. Sincerely, 43,e. 01-- 'Barry C. Peters, P. CHIP ?`WA FALLS. WI MADISON. W! - The signage is 90 Water T H E B I R T H P L A C E O F MINNESOTA -'4 MEMORANDUM TO: MAYOR AND COUNCIL FROM: DESIGN REVIEW COMMITTEE DATE: JANUARY 12, 193 SUBJECT: DESIGN REVIEW AS "CONDITIONED" FOR CASE NO. SUP/92 -52, THE LUMBERYARD (UBC) ON WASHINGTON AVENUE. Background The Design Review Committee was presented the design elements for the Special Use Permit request for a lumberyard (UBC) on Washington Avenue as "conditioned" for Case No. SUP/92 -52. The West Business Park Plan has design guidelines for this area. This Business Park Plan was adopted by the City Council in 1989. The following is an overview of the design elements and the Design Review Committee comments: - The building material of the exterior includes rock face block for the retail portion wit a cliff grey color. The building has a red stripe. The storage area is galvalume steel with a slate grey color. The east and west elevations have vertical galvalume roof panels. The Committee felt this was appropriate. quare feet and meets the Sign Ordinance regulations. - The landscape pan included a variety of species as shown on the landscape plan. The landscaping was increased from the original proposal. The Committee felt the landscaping was appropriate. - The lighting proposal calls for lighting to be mounted on the building with a shoebox style fixture. This is proposed so no glare will be forced off the site. The Committee felt this plan was sensitive to the area. - The fencing proposed around the storage area is a six foot chain link. The guidelines state that fencing be opaque. They did not agree with this type of material for the fence. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • Case No SUP/92 -52 - Continued. The Design Review Committee felt all design elements of the proposal met the intent of the Design Guidelines with one exception. They agreed the fencing should be more opaque, at least along the north and south property lines of the storage areas. RECOMMENDATION: Approval for the design elements of the plan with one additional "condition of approval ". 7. The fencing on the north and south portions of the property shall be opaque with some landscaping to soften the areas between the fence and property line. WEIS January 12, 1993 Mr. Stephen Russell City of Stillwater 216 North Fourth Stillwater Stillwater, MN 55082 RE: New UBC Facility West Stillwater :3usiness Park Stillwater, MN Dear Mr. Russell: I have spoken with UBC regarding the recommendation by the plan review board to screen the north and south fence line at the rear storage yard. UBC has advised me to include in our construction the north and south fence screening. This will satisfy the plan review board's concern about, screening. If you have any further questions, do not hesitate to call me. Sincerely, Weis Builders, Inc. Timothy T. einer Project Manager TTR /vs cc: Dale Kukowski Mike Wilkus EQUAL OPPORTUNITY EMPLOYER /CONTRACTOR WEIS BUILDERS, INC 3601 Minnesota Drive Minneapolis, Minnesota 55435 -5863 Telephone: 612- 831 -9060 Fax: 612 -831 -3132 BUILDING RELATIONSHIPS SINCE 1939 • • Publish: � Illwater THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING SPECIAL USE PERMIT REQUEST - MT,- NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, November 10, 1992 at 7 :00 P.M. in the Council Chambers of City Hall to consider a request from Washington County Housing and Redevelopment Authority for a Special Use Permit to construct a 23,625 square foot warehouse facility with a 7,200 square foot retail and office area. The property is located west of Washington Avenue and south of West Orleans Street (the east 1/2 of Outlot A, Parcel 1) in the BP -I, Business Park Industrial District. Case No. SUP/92 -52. All persons wishing to be heard with reference to this request will be heard at this meeting. Mary Lou Johnson City Clerk CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 0 :n g zn 0- 0 =o� • .06 � // q1 i, f / Z ' I�/ / i „. / gu /i O y / � ; i / er J1 / mismim • ,/ yl I I 1,J. / 1 I 6• ol �- 1= F14 F}ff r f� 5 Wei g b i I iiig sci eio dai l -1, ' I I J \ I a g =4 > X h Z V co O n • o 3 o =D C D n .. n u _ 5 —I I _ —J n Z = n V n -1 r e v z O n C z IP _ o SNOW / Iu J / III / � — '7.1. a 4 1 • At i Lb 1/ / oa �/ / ./ 1;111 HL 1 $p° ZEMM L 0 rn --------- - - - - -- -- r I 1 1 1 1 1 L_J I 1 1 1 I I 15 i 1 P.M; a o D3 ;; E. Ag o z o D f -4 o9 Ty S P u 1 r __g u - --.4 rI �� Z= 3 s - '-5 ; o z C Z — z s — + o • I j1 s 4 • Ir rn N C O 3 1 0 H 17 • U , / / / 1 , ' • • 4 es , U 1 ,_, sbIL . Moral ra T . 1 11 1 I 1 lika 1 4 RIO v` iE ...,1 0 m f) --1 r H 1 i I " 3>X O Z gr., ° D u A - r �I 3 O' Z - = V V P o " ). -4 7 1 I i 1 1 I 11 • • I \ \L\I rti UBC UNITB BUM CENTERS 11 EAST ELEVATION SCALE I/0 • 1' -0' 116 WATT METAL FOLIO! LIGHTS TYP. OF 12 24 GAUGE GALVALU•E ROOF PANELS - COLOR SLATE GREY METAL ACCENT STRIPE ROCK FACE CONCRETE CLOCK - COLOR CLIFF GREY • t) SOUTH ELEVATION SCALE 1/6' • I' -0' EAVE TRIM • COLOR Ilnnuullll IIIIIIIII11 11111111111111 OE DETERMINE?` PAINTED GALVALLME STEEL SIDING- - COLOR SLATE GREY 24 GAGE GALVALU'1E ROOF PANELS - COLOR SLATE GREY WEST ELEVATION SCALE I/O' • 1'•0' PAINTED GALVALU'E STEEL 610ING - COLOR SLATE GREY METAL ACCENT STRIPE ROCK FACE CONCRETE BLOCK - COLOR CLIFF GREY 41 NORTH ELEVATION SCALE • I/O' • I' -0' 116 PLATT METAL HALIDE LIG44T6 TYP. OF 12 -0' x T -0' FULL GLASS ENTRANCE DOORS W/ BRONZE FRAMES 12 r/N • iiiuiiiiiiIIIIIIIIII IIIIIIIIIIiI 1 L J - • METAL ACCENT STRIFE DOUNSPOUT 4 SCUPPER TOP OF FASCIA ELEV. 116' -0' FINISH FLOOR Ilk ELEV. 100' -0' V mm Ill III pl 118 WATT METAL HALIDE LIGHTS TYP. OF 12 ROCK FACE CONCRETE BLOCK - COLOR CLIFF awe x T•0' FULL GLASS ENTRANCE DOORS W/ DRCNZE FRAMES 24 GAUGE GALVALU'1E ROOF PANELS - COLOR SLATE GREY C TTS WATT METAL HALIDE LIGHTS TYP. CF 12 EAVE TRIM • COLOR TO BE DETERMINED I TOP OF FASCIA 4 ELEV.114' 10' FINISH FLOOR ELEV. 100' -0' PAINTED 6ALVALU'7E STEEL SIDING - COLOR SLATE GREY nnnnnmr - - - -- PARAPET II IT.e ELEV.116' -0' FINISH FLOOR ✓lk ' ELEV.100' -0' TOP OF FASCIA 1, — ELEV. 114' -10' d W Y FINISH FLOOR ./f. ELEV. 100' -0' C ' ARCIIITECTURE / 2PACe PLANNINQ MICHAEL J. WILKU7 ARCHITECT, 11100 wE'T TN" STREET EDEN PRAIRIE MINNESOTA Sel1L017 - 07 1 53 33'tt I HEREBY CERIWY THAT MS PUN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER NY DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. MICHAEL J. WN.0US DATP• REG NO • PROJECT : UBC UNITED BUILDING 1 CENTERS STILLWATER, MINNESOTA D BY DF DD.NARNAG DRAWING RMSIONS • Q °77 A -1 OF TWENTY EXTERIOR ELEVATIONS • • Y � ry 25 -0• r J6 1 J 25' -0' 25' -0' PETAL MOB I15 -0' 25' -0' 7 T 4 0 O T T c1 OVERALL FLOOR PLAN BGALE : VW • I'-0' T 25' -0' � I L 25' -0' 1 RTORA•R 1 W461QK 1 I 4 1- 4 - - -+- 1 1 I I - -- 1 1 T WAREHOUSE RETAIL STORE I I u 1 � I I I 90' -0' RETAIL / OFFICE FLOOR PLAN SCALE : VS' • P -0' MICHAEL J. WRNUS 3 ARCtlnjeCTURe / SPACU PLANNING MICHAEL J WILKU7 ARCHITrCD 11160 We 76T 5 r r T eD[N PRAIRIG MINNrSOTA Se1L 711 - 076) T 33Y11 1 HERESY CERTIFY THAT THIS PLAN SPECWR:AINJN 011 REPORT WAS PREPARED BY NE OR UNDER NY DIRECT SUPERVISION AND THAT 1 AN A DULY REGISTERED ARCHITECT UNDER INC LAWS OF THE STATE OF NINNCSOTA. OAP' REG NO: PROJECT : 1 1r3 11 61 UNITED BUE.DING CENTERS STILLWATER, MINNESOTA DATE DRAWN BY • DRAWING : REVISIONS • DEC UI . _,:11 . .1 A -1 OF FLOOR PLAN 1 • • 6'-0 PARKING SETBACK 1 11 . I I (TUT.) 4 - ' DIRAN C 4CE EASRR:• y 11 : r 30 !GILDING SLTDA•• 0'-0 HIGH CHAS. UK FENCE MOLLNG GATE I I' ` b I � = iDCUHSPpIT a I , I 1 4-4 ASPHALT --F Id ^ , I 1 1 j, 0 1 II m ��. \ 44 -0 I 0 I r! 11 W jI T A � DRAVPl ! ASPHALT AIRS 32 6 1' ASPHALT AREA. SITE PLAN C il SCALE : r • 30' -0' as I I - i awAW S ASPHALT AEA -4 116 WATT METAL I4LICE LIGHTS TYP. CP 0 SC'-m• FETAL STORE / OPPIN *43 / 4 4%.70 �. =rA ARE! STORAGE WAREHOUSE ✓I I 11 11 1111 �)itti; • 1Y-12;47-1 -m• D PAWING SPACES • W -BM • 104I• -5• ASPHALT { — snb alT M.BCTRCAL cglolyt•P�e RAMIE uq[ '•1 14 SPACES • S'-0' • 12 R ph IP } 640 PAKNG 6E11BAaK it I e 'i1 — . —. i � � 1 , I I - � :: " I wefer "4 I I r 1 I A-O IRON CHAIN LNG FMCS ASPHALT I HI I . 1 1II I I II 2 AOP51ALT )• A6PIIALT-* TB SAT( P TN HALMS LIGHTS M. C'I1 13 C' 10' 20' 30' 30 -m• 60' I I II • 1 II II • I I I I I I 90' )r-r !BALDING R31 AQC '-a ORAIIAd6 EA$RSA (TITJ )0.0 ROLLING BAW - PROJECT DATA I CUNER UNITED BUILDING CENTERS, INC. 125 WEST FIFTH STREET WINONA, MINNESOTA 55951 501- 452 -2361 ARCHITECT MICHAEL J. WLICl6 ARCHITECTS 14160 WEST IBTH STREET EDEN PRAIRIE, MINNESOTA 55344 612.343.0955 CLOD[ INFORMATION a co6E I OCCUPANCY TYPE TYPE OF CONSTRUCTION STORIES I BASIC ALLOWABLE AREA I INCREASE FOR SEPARATION ON ALL SIDES INCREASE FOR SPRINKLER SYSTEM TOTAL ALLOWABLE AREA HIE IREITANCE REDU ANTIS EXTERIOR BEARING WALL INTERIOR BEARING WALL EXTERIOR NON - BEARING WALL STRUCTURAL FRAME NON- BEARING PARTITIONS ROOF PARAPET REQUIREMENTS EILDEN RETAIL AREA WAREHOUSE AREA TOTAL ACTUAL AREA BUILDING VOLUME PURIM HITIEES N!OIEIm WATER CLOSETS LAVATORIES URINALS I SERVICE SINK I DRINKING FOUNTAIN LOCAL WARN E6ONIAWIE ZONING DISTRICT BUSINESS PARK INDUSTRIAL 6P -I FRONT YARD SETBACK BUILDING 40' -0' SIDE YARD SETBACK 20' -0' REAR YARD SETBACK PARKING REQUIREMENTS 11 SPACES (2) I4ANDICAP DRAWING INDEX I A4 SITE PLAN / PROJECT DATA A-2 FLOOR PLAN A4 REFLECTED CULEIG PLAN A4 FOU ATION PLAN A4 SCHEDULES A4 INTERIOR ELEVATIONS A•7 EXTERIOR ELEVATIONS A4 RIDING SECTIONS A4 WALL SECTIORS A40 !PETALS LEGEND E PROPERTY LINE DRAINAGE EASEMENT — SETBACK LINE — • —• —• —• —CHAIN LINK FENCE — - — - - — • — JUNCTURE OF 3' E 2' ASPHALT SURFACES MAP CONTRACTOR LM LA4 C4 5-1 8E18 BUILDERS INC. 3601 MINNESOTA DRIVE MINNEAPOLIS, MINNESOTA 65435 612 -531 -9060 STRUCTURAL ENGINEER LS ENGINEERS, INC. 200 SOUTH MAIN STREET LESUEUR, MINNESOTA 56058 612-665-6255 PARKING: 5' -0' 1 Z - W/ AUTCMATIC SPRINKLEF 13000 5000 24000 40000 N N N N 1 1200 SOFT. 24,500 SOFT. 31,100 SOFT. 432000 CUM'. EINESOTA STAII LUNG CODE 1 I I 1 I -- 2 (I- WAREHOUSE, 1- RETAIL) GENERAL NOTES ALL HANDICAPPED PARKING STALLS TO HAVE ABOVE GROUND IDENTIFICATION SIGNAGE IN FRONT CF EACH STALL. ALL APPROVED PARKING LOT STRIPING TO BE DESIGNATED WITH WHITE SURFACE MARKINGS AT 9' FOR TYPICAL STALL AND O' x IS' FOR HANDICAPPED STALL. NO PARKING ON PUBLIC STREETS, CIRCULATION DRIVES, OR LANES DESIGNATED FOR FIRE ACCESS. PROVIDE 3' BITUMINOUS GEAR SURFACE AT TRUCKING AREAS AS INDICATED CN SITE PLAN SITE UNITING PLAN LANDSCAPE PLAN GRADING FOUNDATION LAYOUT DETALS / SPECIFICATIONS ARCNITCCTUE / SPACE PLANNING MICIIArL J WILKUD ARCHITf? 11160 W 5T 76T" 3TRrrT EDEN PRAIRIE MINNESOTA (131L) -0,63 3»fl 1 NER(BT CERTIFY TINT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER NT DIRECT SUPERVISION AND THAT 1 AN A DULY REGISTERED ARCHITECT UNDER THE LAWS CM THE STATE Of MINNESOTA. MICHAEL J. WILKUS DATE: REC NO • PROJECT : UBC UNITED BUp.D810 CENTERS DATE • DRAWN BY • DRAWING • REY151055 : DE STILLWATER, MINNESOTA A -1 OF SITE PLAN • , \ i ' 4 rf • i '91 , ,• , .,4, \ 4, \ % -4 1, i; • ■ A A. V " ..1 i II ir, . ..‘ , ik ■ •A; A. t 0 -*' ,,, . ! • ".', ! •i..,. , ■ AiN - 1 ■■ '''', 'r 1. : ' I ' ' 4.1% . ''. , 0 0 •1 , lI J ■ - I • t' ill .4 i i 4 ). . V ' . ■• ' ' 3" • ' s...j '). • Jr t. - V 4 iirb t , • 7) V Mr. Charles M. Hooley MAYOR, CITY OF STILLWATER 920 South Greeley Street Stillwater, MN 55082 e.: ,'J' K hooley01.go3 -57 Ian' :WWII -��I` I _ . . • the "(;rOWIt . � Dear Chuck, Enclosed is a copy of a draft bill pertaining to an exemption from the lodging tax for the Lowell Inn. Included is a draft of a letter I am requesting the council send to Senator Laidig and Representative Mark Holsten on city letterhead. The language for the resolutions are approved by our attorney and will be subject to any changes desired by the city attorney. Also included is a copy of the initial request and justification submitted in September to staff. Nile Kriesel and I discussed this matter today. If the new council is going to be expected to approve the enclosed resolutions, I suggested the new members should be briefed in advance. I only have a week to do this, but am well - prepared. Nile is checking with the you to see if the council wants me on the agenda for 1/19/93. I could give a more detailed explanation to the public at a council meeting. There are many logical, financial and economic reasons for such an exemption. There will be certain opposition to the bill from the Motel and Resort Association and possibly others who do not want discussion about the present law reopened. There also may be press publicity about the matter also...which I will be ready to handle when the time comes. You should also be prepared and not be surprised at Twin City press inquires. However, Senator Laidig's and Mark Holsten's plan is to attach the bill to a legislative package so that it will be treated for what it is, "special legislation." In this way the existing statute will remain untouched and the matter can be dealt with as a local matter between the City of Stillwater and Lowell Inn. I do think the citizens of the city should be aware of my request on behalf of the Lowell Inn and should have a properly presented and publicized explanation...but the final decision as to how this is to be handled is, of course, up to the council. p f V t L ti r e January 11, 1993 Arthur V. Palmer Family Innkeeping Since 1930 102 North Second Street • Stillwater, Minnesota 55082 Tel: 612-439-1100 • Bus. Off: 612-439-1102 • Fax: 612-439-4686 DRAFT LETTER ON CITY LETTERHEAD TO BE SENT TO SENATOR LAIDIG FOLLOWING THE CITY COUNCIL'S ACTING UPON THE RESOLUTIONS Senator Gary W. Laidig 141 State Office Bu -lding St. Paul, MN 55155 RE: SPECIAL LEGISLATION, CITY OF STILLWATER Dear Senator Laidig, This will acknowledge receipt, and revision by the city attorney for the City of Stillwater, of the draft bill for special legislation authorizing the City of Stillwater to make a specific exemption from the transient lodging tax now authorized under Minnesota Statutes Section 469.190. The following joint resolutions of the City Council will be acted upon by the Cty Council on January 19th, 1993. These resolutions are int nded to confirm to the legislature the resolve of the City of Stillwater to classify such defined property as provide by the draft bill and to designate such property as exempt in the event such special legislation is enacted. "Be it resolved that the City Council of the City of Stillwater does hereby approve the attached draft of special legislation pertaining to Minnesota Statutes Section 469.190 ( "Draft ") and hereby confirms the existence of real estate in the central business zoning district (CBD) which is subject to the real estate classification defined by such Draft ( "Special Legislation ") if enacted" "Be it further resol Stillwater shall, a Legislation, (i) cl operations thereon, and (ii) designate lodging operations as provided by the Your support of thi City of Stillwater Enclosure: LAIDIG02.GO3 -57 * * * * * * * * * * * * * * * * * * * * * * Revised: January 12, 1993 4 ved that the City Council of the City of ter the enactment of such Special ssify such real estate and the transient lodging as provided by the Special Legislation, uch classified real estate and the transient hereon exempt from Minnesota Statutes 469.190, peciai Legislation." special legislation on behalf of the s appreciated. Draft: A bill for an act relating to taxation; transient lodging; allowing the city of Stillwater to exempt a designated property. • • • 0 A bill for an act relating to taxation; transient lodging; allowing the city of Stillwater to exempt a designated property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [CITY OF STILLWATER; TRANSIENT LODGING TAX.] 1 Before or after a decision by the City of Stillwater to impose 2 a tax under Minnesota Statutes, section 469.190, the city may 3 classify only such real estate as is presently located in the 4 central business zoning district (CBD) of the city in order to 5 irrevocably exempt the property and operations conducted thereon 6 from such taxation whereupon the city, by its resolution, must 7 find that the classified property shall be exempted from either • 8 the future or past imposition of the tax because of the 9 designated property's contribution to the, (i) commercial tax 10 base of the city, (ii) assessments for downtown local 11 improvements, (iii) private capital improvements made in 12 conjunction with adjoining city local improvements, and /or (iv) 13 unique value the operations and /or the property represents to the 14 city, either historical or operational in nature, that will be 15 adversely affected by such a tax because the tax will be an 16 inequitable economic burden to the operations of such designated 17 property and which may diminish the continued competitive 18 operation and maintenance of the property. laidig01.go3 -58 Sec. 2. [EFFECTIVE DATE] Pursuant to Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 1 is effective without local approval the day following final enactment. • i l iw ate r T H E B I R T H P L A C E O F M I N N E S O T A MEMORANDUM Recommendation: Approval of Final Plat with conditions. 1 TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 14, 1993 SUBJECT: FINAL PLAT APPROVAL OF HIGHLANDS OF STILLWATER. The request is for Final Plat approval for The Highlands of Stillwater Fourth Addition. The 36 lot subdivison includes the 4.0 acre neighborhood park. The Planned Unit Development plans call for the extension of West Orleans east and south to connect to Curve Crest Blvd. with this phase of improvement. The plans provide an access /utility easement from Benson Blvd. to Pine Tree Trail (condition #6(b)). The utility improvement plans for the Fourth Phase will provide for a water line connection to Pine Tree Trail to increase pressure in that area. The proposed subdivision lot pattern is consistent with the approved PUD plans. The Stillwater Water Department has previously indicated they have requested ownership of the well site located along the west border of the park site under condition #4 of the Conditions of Approval and have not been provided the deed. Staff recommends that this final approval not be given until the Water Department requested land has been deeded over to the City. Conditions of Approval: 1. The .5 acre in lieu park dedication fee shall be paid by the developer to the City before Final Plat Approval. 2. The well site requested by the Water Department shall be deeded to the City before Final Plat Approval. (Condition #4) 3. The neighborhood park, Outlot B, shall be deeded to the City as a part of recording the final plat. (Condition #5) 4. A twenty foot utility /access easement, Outl t A, shall be deeded to the City for public purposes. (Condition #6b) - 'v 5. West Orleans Street shall be extended to Curve Crest Blvd. as a part of Fourth Phase public improvements. (Condition #7) 6. A connecting water line from Benson Blvd. to Pine Tree Trail shall be constructed with the utility improvements for Phase IV. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • • 7. The Development Agreement between The Highlands of Stillwater and City shall be amended to include these conditions. 8. Any comments from the City Public Works Department, Water Department or City Engineer shall be incorporated in the Final Plat. Attachments: - Application - Conditions of Approval - Case PUD /90 -84. 2 • EXHIBIT "B" REVISED FEBRUARY 5, 1991 CONDITIONS OF APPROVAL 1. The grading plan fir Phasestruction shall show all trees six inches in diameter or greater, affen of grading on trees and fill for lots sixteen and seventeen to conform to adjacent natural contours. The plan shall not disturb steeply sloped areas, minimize tree removal and provide for temporary drainage and erosion control. This condition will be reviewed when issuing the grading permit. 2. The 8.75 acre homeowners association parcel located next to Lily Lake in Phase VI shall be maintained in its natural condition. No structures other than a temporary dock, walkway, or stairways is allowed in the area. The natural vegetation shall be maintained. This may be accomplished by a deed restriction, conservation easement or restrictive convenant. A .5 acre in lieu park dedication fee shall be paid by the Developer before the Fourth Phase final plat is recorded. The west 150 feet of the neighborhood park site shall be deeded to the City by the Developer within sixty days of receiving a written request from the City or with Phase IV final platting, whichever occurs first. The City shall begin construction of the water project within ninety days of receiving the deed for the property. i 0 The neighborhood park shall be designated on the preliminary plat for neighborhooi park use and be deeded to the City before Phase IV final plat recording. With the final platting of Phases I, II, and III, the representative value of the land, shall be deposited in a security account that can be drawn on by the City to purchase the neighborhood park site. An easement or option shall be placed on the neighborhood park land establishing its value and availability for City park purchase. 6. a. A minimum twenty foot pedestrian easement connecting the project to Lily Lake Elementary School shall be recorded as a part of Phase III final platting. The Developer shall pave a six feet pedestrian walkway (141,\Y connecting the cul de sac to the school site A twenty five flot utility /emergency access /pedestrian easement shall e provided connecting the project to Pine Tree Trail. As a part of Phase IV platting and development, a twelve foot all weather surface and breakway gate, as approved by the Fire Chief, shall be improved by the Developer. 0 West Orleans shall be constructed to the Phase I east project boundary as part of Phase I and extended from that point east to Curve Crest Blvd. as a part of Phase IV. As a part of Phase I construction, utilities shall be extended east beyond the road improvements as required by the Water Department. E. The grading of the site shall be phased as designated on the preliminary plat to minimize site disturbance. Grading permits are required for each phase of construction. 9. The landscaping buffer shown on the landscape plan located along the north side of Orleans Street shall be planted before completion and occupancy of any dwelling unit in Phase I and Phase IV and V respectively. The landscaping shall be maintained by the Property Owner in a healthy condition or replaced. 10. Tne required sideyard setback requirement for lots of less than sixty five feet at the frontyard setback line shall be five feet. (All other setbacks shall meet single family residential R -A standards.) • 11. A Phase I environmental assessment shall be performed on this site and recommendation implemented as approved by the City of Stillwater. 12. A temporary graded and gravel surface walkway shall be constructed from Phase I development area to Lily Lake School. 13. Typical residential development plans for each phase of development shall be reviewed and approved by the Planning Commission and City Council before final platting of that phase to assure design variety and compatibility of the overall project. 14. Sewage from 15 lots maximum may be directed to the.Brick Street Lift Station. 15. The Developer shall be required to notify the prospective buyers of lots adjacent to West Orleans Street of the future industrial development of land across the street to the south. 16. The hammer head improvement at the end of Pine Tree Trail shall be constructed by the Developer as approved by the City Engineer as a part of • Phase I development. The connecting water loop to Pine Tree Trail shall be constructed by the Developer as a part of Phase IV development. 4 • • • • • i • i . 1 1.1 t t u4° �P t1 ----- - t- - --- - :,. ----- - '�4r :.. 1 ., ..i" : I. - 1, : 1 - -, 1 I : � •; ; ; f Iii ,; ,�•', . ; . i• 1- "t s r p s 3 a • S= :t ;,. �;j %*- t � I .. �i :i.. J . r a: a ., 5 -.. n : ? •� _ � .- 1 ��. •,;;-,.,..:1 r 1 — ; ' I t� tr "�• -L .` i„ • I , I., 3: 1: :i; 3 • f ----- ;71 • ,\ ,. ; . I .�! :. , . mo. o . • 103131-• r ; • i �, 4 114 84 • BOARD MEMBERS: DON JAHNKE, President JOHN L. JEWELL JAMES WEAVER January 14, 1993 Steve Russell, Comm. Dev. Dir. 216 N. 4th Street Stillwater, Minn. 55082 Enclosures BOARD OF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER, MINNESOTA 55082 f DENNIS McKEAN Secrets /y Manager RE: No. 10 Well Site Dear Steve, The following dates and supporting enclosed letters, as you requested, July 15, 1992 - Note last paragraph July 21, 1992 - Council minutes • August 3, 1992 - City Atty Magnuson August 18, 1992 - Follow -up September 8, 1992 - Another follow -up October 8, 1992 - Board approved plans and specs. November 11, 1992 - Advertise for bids December 8, 1992 - Bid opening December 10, 1992 - Magnuson advised, not to award contract until land title is secured January 7, 1993 - Awarded low bid to Layne- Minn., contingent on securing land title. Early January 1993 - Intended on actual drilling of well The above dates do not reflect numerous phone calls by Magnuson, Dick Moore, others and me, during this entire period, just regarding the deed for property. Sincerely, Dennis McKeAn, Sec'y I1(JAI1D MEMBERS: DON JAHNKE, Presaient JOHN L. JEWELL JAMES WEAVER July 15, 1992 Mayor and Council 216 Fourth Street North Stillwater Mn 55082 Re: #10 Well Site. Dear Mayor and Council, At the most recent meeting of the Board of Water Commissioners, July ;•9, 1992, the Board unanimously agreed an immediate need for another municipal well is imperative for 1993. The Water Department would like to begin drilling No. 10 Well in the Highlands Addition, in January or February 1993. Some issues to be discussed, include bonding, summer well usage only for a couple of years, or building a well house next year. The Board will be discussing the wellhouse and location issues with the Parks and Recreation Commission in the near future. Therefore, with Council approval, the Board of Water Commissioners respectfully request, the City Attorney be directed to have the Developer execute and deliver to the City a deed for property of approximately 150' x 150' in the extreme S.W. corner of proposed park land. Sincerely, ' Dennis McKean BOARD OF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER, MINNESOTA 55082 DENNIS McKEAN Secretary /Manager • • • 01/19/93 15:09 FAX 612 490 2150 SEH ST. PAUL 444 STILLWATER [j002/002 ENGINEERS V ARCHITECTS it PLANNERS 3535 VADNAI$ CENTER DRIVE ST. PAUL, MN 55110 -5708 812 480 -2000 800 325 -2055 January 19, 1993 Mr. Steve Russell, Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Steve: If you have any further questions, please contact me. Sincerely, BCP /kam RE: Stillwater, Minnesota Planning Case Review Highlands of Stillwater Fourth Addition SUB 93-7 SEH File No. 92280 We have reviewed the Final Plat for Highlands of Stillwater Fourth Addition. The plat • consists of 33 total lots and Outlot B which is the park area. The final plat is generally consistent with preliminary plats reviewed. Easements appear adequate with three oversized areas for storm sewer trunks. These oversized areas are located between lots 12 and 13 of Block 1, at the southwest corner of lot 20, Block 1, and between lots 3 and 4 of Block 5. Outlot A at the north end will be utilized to loop watermain from Pine Tree Trail to the main in Highlands Fourth Addition. The grading and drainage for the Fourth Addition were reviewed previously. To balance the earth work, approximately half orthe Fourth Addition was reviewed and graded under the Third Addition, and the remaining portion was reviewed on December 10, 1992. l Barry C. Peters, P.E. SNORT ELLIOTT HENDRICKSON INC. ST. CLOUD, MN CHIPFrWWA FALLS. WI MADISON, WI FORM OF PETITION FOR LOCAL IMPROVEMENT To the City Council of Stillwater, Minnesota: ��5 Q • : Street, We, all owners of real •roperty abutting o n \ Street and between (i.e. north, out $ etc.) line of )--3, O -"\ 1 Ate,K the :' \\ `- k- c ;:c_ ,D\ ) line of Street hereby petition that suck street is improved by C `'"'" construction of street, sanitary sewer, storm sewer, watermain, etc. pursuant • to Minnesota Statutes, Chapter 429. • Stillwater, Minnesota 19 SIGNATURE OF OWNER Date: (IF 100% OF OWNERSHIP PETITION), /1 DESCRIPTION OF PROPERTY yam" City Clerk Examined, checked and found to be in proper form and to be signed the required number of owners of property affected by the making n the improvement petitioned for. • jliwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 13, 1993 SUBJECT: COMPREHENSIVE PLAN WORK PROGRAM AND BUDGET Background: The existing City of Stillwater Comprehensive Plan was adopted by the City in August of 1979. Since that time, the plan has been amended to include three specific area plans. These include the Brick Pond Area Plan (1987), the Downtown Plan (1988) and the West Stillwater Business Park Plan (1989). These updates studied areas of the City that needed immediate attention: the Downtown and Business Park. These plans did not examine overall City -wide plan policies and conditions. The plan is currently out of date and does not address some current planning issues which have been brought to the attention of the City in recent months. The plan also must be amended to be consistent with Metropolitan Council Development Policy. • The Planning Commission and City Council have identified the areas of parks and open space, ravines and natural areas, community appearance, historic and cultural resource protection and City expansion as areas that need to be addressed in the Comprehensive Plan Update. The attached Work Program addresses these areas as well as overall land use, community growth and development, City -wide infrastructure, (circulation, sanitary sewer, water) and water resources. The Work Program describes five phases of plan development. The Planning Commission will play a key role and be the lead agency in plan development. The Planning Commission will work with other City committees, commissions and City staff in developing the plan. Public participation in plan development is important to make sure the plan meets the needs of the community and the community is aware of changes that may occur in the future. To obtain community input, a series of neighborhood meetings will be held and a City -wide questionnaire administered. Advertised public meetings and public hearings will also be held during plan development and Plan adoption. It is estimated that, if the Work Program is approved by the City Council in January 1993, the plan will be completed by early 1994. A budget for the plan update is attached. The total update cost of $25,000 requires $15,000 in funds in addition to those set aside in the 1993 planning budget. The Metro • Council Comprehensive Sewer Plan will be amended as a result of the plan update and be a part of the overall City Comprehensive Plan. An area plan with development guidelines will be prepared for new City growth areas. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 - 6121 1 The Council may want to hold a special meeting on the Comprehensive Plan Update process and plan content before approving the Work Program and budget request. RECOMMENDATION: Approval of Work Progr required) and request W at $6,000 - $7,000. ATTACHMENT: Stillwater ComprehensivE Plan Work Program. m and budget for Comprehensive Plan Update. (resolution ter Board to pay for water service planning estimated 2 • • • • COMPREHENSIVE PLAN UPDATE WORK PROGRAM 1993 I. Background for Comprehensive Plan update and approval of work work program. This item includes developing the work program for the Comprehensive Plan Update and providing the Planning Commission and City Council with background material regarding the Comprehensive Plan. The Comprehensive Plan will be described and defined, functions of the plan described, recent examples of Comprehensive Plans provided along with planning documents from other regional or local organizations that will be considered in the Comprehensive Plan update. The legal requirements for the Comprehensive Plan will be provided. This item will generally familiarize the Planning Commission with the Comprehensive Plan and Update Program. The overall work program and schedule for the Comprehensive Plan Update has been reviewed and recommended for approval by the Planning Commission to the City Council. Product: Approved overall Comprehensive Plan Work Program and budget. II. Define Existing Conditions In this phase of plan update, information in the following areas will be reviewed and existing conditions documented. Deficiencies or needs in the following subject areas will be identified. Land Use ( residential / commercial /industrial /public /vacant) Parks and Open Space Land Ownership Patterns Demographic Trends and Forecasts Employment Projections Infrastructure Sanitary Sewers Water Services Storm Drainage Traffic and Pedestrian Circulation (Pathways) Historic and Cultural Resources Natural Resources Wetlands Sloped Area Soil Condition Biotic Resource Scenic Resources Community Character In collecting the information City Departments, and source organization will be contacted ie: DNR, Stillwater Township, MWBAC, Washington County. The City Engineers (Short, Elliott and Hendrickson), Public Works Department, Planning Consultant and City Staff will prepare the Existing Conditions Report. Product: Existing Condition Report 1 • • • III. Issue Identification and Goal Setting. Some issues will be identified as a result of examining existing conditions. Other issues will be identified through neighborhood meetings and information collected from a community questionnaire administered through the City Newsletter or utility billing. The Planning Commission will hold neighborhood meetings where residents will have an opportunity to express their likes and dislikes about their neighborhood and the development of the community at large. From the meeting and questionnaires, a report will be prepared describing the planning issues, regarding the future of Stillwater and what the residents would like the future to entail. Goals will be formulated by the Planning Commission based on the community input, past City planning policy, existing conditions and planning issues. The issue identification and goals report will be prepared by City Planning Staff with assistance from the City Engineer (SEH), Planning Consultants. Product: Issue identification and City goals report. IV. Alternative Plan Development, Review and Selection. From the above phases of plan development; existing conditions, issues identification and goal development, alternative future plans will be developed that have different effects and cost to the community. These alternative futures will be developed, and presented to the Planning Commission, neighborhood groups and the City Council. From the review of alternative and impacts, a final Comprehensive Plan will be prepared. The alternative plans will be developed by the City Planning Staff with assistance from the City Engineer (SEH) and Planning Consultant. Product: Alternative Plans Report and description of plan impacts. V. Final Plan Development and Adoption. The last phase will include final plan preparation based on goal statements, alternative plans and comments and impact of alternative plans. The final plan will include information describing existing conditions and proposing policy that will reach the desired future. The plan policy may call for Zoning Ordinance revisions, changes in land use designation, orderly annexation agreements, capital improvements, land purchases, or other action required to implement the plan. The Planning Commission shall hold public hearings on the Draft Revised Comprehensive Plan and based on the review and input from the public, recommend a plan for adoption to the City Council. The Council shall hold a public hearing and adopt the recommended Comprehensive Plan. 2 • • • The Final Comprehensive Plan will be prepared by City Planning Staff with assistance from the City Engineer (Short, Elliott and Hendrickson) and Planning Consultant. Product: City Comprehensive Plan. VI. Plan Implementation. A plan implementation program will be a part of the Comprehensive Plan. Once the plan is adopted, follow -up action will be required over time to carry out the plan. Planning Staff will coordinate and prepare plan implementation items. VII. Comprehensive Plan Review and Update. To keep the Comprehensive Plan current, it should be reviewed yearly or on a regular basis to make sure it reflects the desires and needs of the community. The Comprehensive Plan will be reviewed on a regular basis by the Planning Commission with Planning Staff assistance. Amendments to the Comprehensive Plan will be necessary as conditions change. SCHEDULE AND BUDGET The Comprehensive Plan Update began in October 1992 with the Planning Commission discussing the Comprehensive Plan and Work Program. The Comprehensive Plan Update is a major work item for the Planning Department and will take consultant assistance from the City Engineer (SEH) in the areas of circulation, infrastructure and wetlands and natural resources. Planning Consultant assistance is proposed for the City expansion area so that when the Comprehensive Plan is complete, the City will have a special area plan, including design and development guidelines for that area. Also, plan graphic and production assistance is necessary to prepare presentation material and graphics for the final documents. A budget for the Comprehensive Plan Update is attached. The budge includes costs over and above the City Planning Staff costs. Ten thousand dollars was set aside in the 1993 budget for the Comprehensive Plan Update activity. (To give some perspective of plan development cost, the Downtown Plan cost $85,000.) This budget request does not include funding to comprehensively study the water utility needs of the future expansion area. It is estimated by the City Engineer that $6,000 - $7,000 in addition to the above costs would be needed to include the water utility in the Comprehensive Plan. It is suggested the City Staff be directed to request the Water Board to fund the Water System Study cost so they can be a part of the Comprehensive Plan. 3 • • • BUDGET The budgets costs related to Work Program item: II. Existing Condition Report: a. Existing City Engineering $1,500 Circulation 1,500 Infrastructure b. Expansion Area Engineering Circulation 1,000 Infrastructure 2,500 Water Resources 3,000 Planning 1,500 III. Issue Identification and Goal Setting: Engineering Infrastructure 1,000 Circulation 750 Water Resources 500 Planning 2,000 VI. Alternative Development and Review Infrastructure 750 Engineering 750 Planning 2,000 V. Final Plan Engineering Preparation: Infrastructure 750 Circulation 750 Planning 2,000 TOTAL BUDGET Circulation 4,750 Infrastructure 6,500 Water Resources 3,500 Planning 5,000 Production 2,500 Other 2,750 TOTAL $25,000 $10,000 has been set aside in this years budget for the Comprehensive Plan Update. 4 • • January 13, 1993 Dear General Andreotti: Sincerely, Charles Hooley Mayor CH /sm II water THE BIRTHPLACE OF MINNESOTA Brigadier General Eugene R. Andreotti The Adjutant General Veteran's Service Building St. Paul, MN 55155 -2098 The Council of the City of Stillwater continues to be interested in the construction of a new National Guard Armory in the City of Stillwater. As you are aware, the City has purchased an excellent 8.5 acre site for the new facility and deeded it to the National Guard. We understand budgets are tight at all levels of government but want to stress our continued interest and support for this needed new facility in Stillwater. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 • i T H E B I R T H P L A C E O F M I N N E S O T A MEMORANDUM TO: MAYOR AND COUNCIL FROM: ANN PUNG - TERWEDO, PLANNER DATE: JANUARY 12, 1993 SUBJECT: POSSIBLE FIRST READING OF AN ORDINANCE REGULATING SPECIAL EVENT ACTIVITIES IN RESIDENTIAL STRUCTURES. Background: Last Fall, the City Council directed Staff to review the special event issue with interested individuals and the Planning Commission because of the controversy over a proposed commercial establishment on Pine Street. It was felt that a possible ordinance could be drafted regulating these types of uses in residential areas. The Planning Commission reviewed a draft ordinance at their regular meeting of December 14, 1992. The Planning Commission had three (3) options at that time. These included; 1) recommending an ordinance to the City Council, 2) recommending that special events be prohibited in residential areas, 3) recommending no regulation and review each case by the Special Use Permit process as exists today. PLANNING COMMISSION RECOMMENDATION: The Commission recommends that the attached ordinance be adopted regulating special events as defined. They reduced the total number of events allowed (No. 2) from eight (8) events per month to two (2) events per month. ATTACHMENTS: - Planning Commission minutes - Staff reports - Special Event facilities in Stillwater. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • DEFINITION: Special Event: MAGNUSON LAW OFFICE 6124395641 P.02 A social occasion, meeting or activity of a commercial nature that occurs on a scheduled basis in a residential structure. Special events are allowed by a Special Use Permit in the RB and RCM Zoning Districts as regulated in 31.01 of the Stillwater City Code subject to the following conditions: 1. A maximum of thirty (30) guests or the maximum allowed by Building and Fire Codes, whichever is less. 2. A maximum of two (2) special events per month. 3. One off- street ki provided on site. par ng space per three (3) guests shall be 4. No outside live entertainment, music or lighting for special events. 5. No interior amplified music. 6. Food must be served by a licensed caterer. 7 . All special events shall be over by 10:00 PM. 8. No open bar on the premises. Wine if appropriate licenses have been granted, and if served and consumed inside. 9. The owner or owners of the home shall be present at all special events. 10. No alcohol of any type outside the structure. 11. The permittees must own and reside in the home. 12. The permittees shall be in continuous compliance with the Building Code, Fire Code and the Stillwater City Code. • 11 (Water THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: PLANNING COMMISSION FROM: ANN PUNG - TERWEDO, PLANNER DATE: DECEMBER 9, 1992 SUBJECT: SPECIAL EVENTS IN RESIDENTIAL AREAS Background: As directed by the City Council, Staff has reviewed the special event issue and is presenting the attached Draft Ordinance for review and discussion. The Ordinance was prepared after a subcommittee of Planning Commissioners and local representatives in the hospitality field met to discuss the issue. Discussion: The subcommittee reviewed a list of facilities in Stillwater which provide space for special events such as weddings, conferences, and small gatherings. The group discussed their background and attitudes toward special events in homes in residential areas (minutes attached). It was concluded by this meeting that these homes offer an intimate setting for small gatherings which larger commercial facilities do not. It was further emphasized by a Planning Commissioner that government should not regulate business and that these uses may be appropriate for reuse of larger homes. Recently, Staff met with an owner of a local inn regarding this matter. His position on the subject was that allowing this type of use in residential areas is not appropriate. Facilities in commercial areas pay more taxes and assessments. They are constructed for this use. Commercial establishments for these uses should not be allowed in residential areas. For Planning Commission Meeting: Staff has invited property owners opposed to special events to the Planning Commission meeting. Please review the attached Ordinance and material and be prepared to discuss this issue. The Ordinance was drafted for this purpose. The Draft Ordinance will go to the City Council with your recommendation. You have three options on this matter. 1. You may recommend the Ordinance go to the City Council. 2. You may recommend that special events be prohibited in residential areas. 3. You may recommend that special events be reviewed by the Special Use permit process as presently exists. Attachments: - Draft Ordinance. - Letter to concerned citizens. - Special Event Subcommittee memo and minutes. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121 Stillwater Planning Commission December 14, 1992 Case No. PR/92 -57 - A Parking Review for an office use (approximately 200 employees) in the east wing of the present Junior High School, 110 East Pine Street. The property is located in the PA, Public Administrative /Office District. CUB Foods, Applicant. Mr. Russell stated that future uses of the West Wing have not yet been determined. He suggested that this item be continued indefinitely, and a' new public hearing be held when further information is available. Mr. Valsvik asked that a letter from Richard Kilty be acknowledged and that all members of the Commission and staff receive copies and that it be made part of the record. Motion by Duane Elliott, seconded by Rob Hamlin to acknowledge Mr. Kilty's letter regarding Case No. PR/92 -57. Carried 9 -0. OTHER Review and discussion of Draft Special Event Ordinance. Ann Pung - Terwedo reported that in November a group of individuals in the hospitality business met and looked at various locations where special events are held. She has drafted an ordinance for special events in residential areas for review and discussion, and asked for comments from the audience. Patricia Jewell Peteron, 320 W. Pine, asked what is the reason for a special events permit. Could anyone with an older home apply for one, and what is its function. She also stated that allowing eight special events per month would result in an event every weekend. Jill Morette, 426 W. Mr. Morette, 426 W. small town atmosphere Pine, stated her concern with parking. Jeff Peterson, 320 W. Pine, is opposed to business in residential areas. There would be more parking needed than required by the ordinance. There would be a caterer, photographer, etc. in addition to the guests. The permit would result in a high impact on neighborhoods. An attempt should be made to preserve the residential neighborh od atmosphere. Pine, stated that Stillwater is losing the that brought him here. Chuck Dougherty, Riv'ertown Inn, stated that this issue is not a Bed and Breakfast issue. Mr. Hamlin stated that the purpose of the ordinance is to regulate what is already occurring. Mr. Peterson stated that it would be legitimatizing what is now illegal. Mr. Morette stated that businesses will benefit but not the residents. 3 • • • Stillwater Planning Commission December 14, 1992 Mr. Hamlin suggested that eight events per month is excessive, and two per month would be more reasonable. Mr. Wald suggested four per month. Motion by Duane Elliott, seconded by Rob Hamlin to amend item No. 2 to allow a maximum of two special events per month. Carried 7- 1. (Darwin Wald opposed; Gene Bealka was absent). Motion by Don Valsvik, seconded by Duane Elliott to recommend that the draft ordinance be recommended to the City Council as amended. Carried 8 -0. Comprehensive Plan Work Program and Schedule Mr. Russell stated that he will present the work program to the Council at the first meeting in January. The Commission will be asked to meet one additional Monday per month to work on the Plan. He will also make sure all Commission members get a copy of the old comprehensive plan. Motion by Duane Elliott, seconded by Don Valsvik to recommend the work program to the City Council. Carried 8 -0. ADJOURNMENT Motion by Gary Funke, seconded by Duane Elliott to adjourn the meeting at 9:50 p.m. Carried. Submitted by: Shelly Schaubach Recording Secretary Thank you. Ater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: CONCERNED CI - IZENS REGARDING SPECIAL EVENT PERMITS IN THE CITY OF STILLWATER. FROM: ANN PUNG - TERWEDO, CITY PLANNER DATE: DECEMBER 4, 1992 SUBJECT: DRAFT ORDINANCE SPECIAL EVENTS BACKGROUND: In September, a locall'Bed and Breakfast owner was denied a Special Use Permit to conduct special events in his home. The City Council directed the Planning Commission to review this issue and draft a possible ordinance in regards to special events in residential areas. A subcommittee was then formed of Planning Commissioners and local business people in the hospitality field. The Committee discussed special event functions in commercial areas. They also reviewed types of special events such as small weddings, family gatherings, and small conferences which may be appropriate for the uses of certain residential structures in the community. An ordinance was then Oafted with conditions restricting this type of use. DISCUSSION: The Draft Ordinance attached is for your review and comment. It is meant to allow for special events in residential areas with very specific restrictions. This ordinance is it the review stage so it can be modified or changed accordingly. The Planning Commission will be reviewing this Ordinance at their regular meeting on Monday, December 14, 1992 at 7:00 P.M. in the City Council Chambers, 216 North Fourth Street, Stillwater. If you have concerns regarding its content or comments about this special event issue, we welcome your input. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • C ter - u. ►1 a. A o THE BIRTHPLACE OF MINNESOTA) t TO: SPECIAL EVENTS PARTICIPANTS FROM: ANN PUNG - TERWEDO, PLANNER DATE: NOVEMBER 19, 1992 SUBJECT: OPTIONS FOR THE REGULATION OF SPECIAL EVENTS IN RESIDENTIAL NEIGHBORHOODS DISCUSSION: Special events, described by group, include intimate small weddings, small family functions, and small conferences. This type of atmosphere cannot be captured in a rented hall or restaurant which cater to larger groups. Some individuals in the Bed and Breakfast /hospitality field felt homes offer a warm environment to conduct family events such as a second wedding ceremony or • birthday party for an elderly parent. Another type of use is a small conference which may consist of four to five individuals who wish to hold their meetings in a less formal atmosphere. These types of uses described are unique and most of the facilities in Stillwater do not have this type of atmosphere. The Lowell Inn, the William Sauntry and the Rivertown Inn presently cater to these types of special events. BACKGROUND: On November 4, 1992, we met to define special events in Stillwater and review present facilities which support these types of uses. This was done by each person describing what they do and whom they cater to. We then specifically discussed the issue of special events held in homes in residential areas of the city. Mr. Dougherty, Rivertown Inn, gave a positive input on these types of uses in residential structures. Mr. Palmer, Lowell Inn, was invited to attend the meeting, but did not attend. He was also invited to meet with Staff privately to discuss the issue or write comments directed to Staff. He did not. The group did not discuss if the special events should be allowed in residential areas by a Special Use Permit, if a special ordinance should be established or if they should be prohibited. However, it was stated that persons should be allowed to conduct a business with less interference from government. Business competition is a good thing for a community. Based on the original concerns of the City Council, I have drafted an ordinance. I have included this draft ordinance for your review. If you have any questions or concerns regarding its content, please give me a call. I would appreciate your input. THANKS! CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 1 MINUTES SPECIAL EVENTS SUBCOMMITTEE NOVEMBER 4, 1992 Present: Chuck Dougherty, Rivertown Inn Bruce Brillhart, Ann Bean House Marlene Workman, Historic Courthouse Darwin Wald, Planning Commission Ann Terwedo, Planner Patt Kraske, Dock Cafe Not Present: Art Palmer, Lowell Inn Matt Brine, Brine's Angela Anderson, Planning Commission 1. Reviewed list of special event facilities in Stillwater. 2. Participants described types of special events they cater to, issues they felt were relevant to the topic. Darwin Wald, Planning Commission: Felt people should be allowed to run a commercial business in their home. Competition is good. Parking may be an issue. Chuck Dougherty, Rivertown Inn: Small meetings (8 -10 people) and family gatherings compliment his Bed and Breakfast use. He must rent a room in order to have these types of uses. Feels that homes offer a more intimate setting for small gatherings. Marlene Workman, Historic Courthouse: The Historic Courthoue's business gears half to the tourist and half to locals. She has noticed an increase in demand for smaller second weddings and business meetings. She has very strict rules for Courthouse renters. Her parking lot only hold 32 cars so parking does impact the neighborhood in some instances. Bruce Brillhart, Ann Bear House: Wants to have special events. He wants to do small business meetings and small weddings. He would like to do this to compliment his Bed and Breakfast use. Patty Kraske, Dock Cafe- Neighbor to William Sauntry Mansion. Has never had any probleths with the William Sauntry Mansion. Enjoys being a neighbor. The Dock Cafe has two rooms that hold 70 persons. They do larger parties and business meetings. She doesn't feel that special events in these homes would create negative competition with Downtown Stillwater. 1 • • • • 3. The group discussed special events in residential neighborhoods. Some issues were raised that have been concerns of the City Council. 1. Parking. 2. Wild parties. 3. Neighbors. It was felt that the issue of wild parties was blown out of proportion. People that do these special events own their home. They want to be a good neighbor. Parking has always been an issue. The meeting adjourned at 5:15 P.M. Respectfully submitted, Ann Pung - Terwedo SPECIAL EVENTS Fraternal Organizations Seating Capacity Weddings Meetir Elks - 439 -5276 125 Bands X X Legion Hall - 439 -1435 150 Bands X X KC Hall - 430 -3274 200 Bands X X Public Non - Profit Historic Courthouse 't'(.1/4.) '" 430 -6233 150 ` - -C,L) X X Senior Center - 439-1100 125 -150 X X Armory - 297 -4452 200 Bands X X Commercial Brines - 439 -7556 107 Bands X X Trumps - 439 -0024 45 X X Freight House - 439 -5718' 275 Bands X X Canelakes - 430 -0585 50 X X Dock Cafe - 430 -3770 611 70 X Andiamo - 430 -1234 (Seasonal) 20 -150 Bands X X Minnesota Zephyr �\ - 430 -3000 220 X X `l\SV `/ (- • CC f \ fW l3 Je--- .3 <" j Inns /Bed & Breakfasts William Sauntry - 430 -2653 40 Lowell Inn - 439 -1100 Type of Party Stillwater Inn - 430 -1303 10 -12 C«t: ;2-C,l + S Z l 2A.s 1 X X X X X • • • • • • Fraternal Organizations Bands X X Elks - 439 -5276 125 X X Legion Hall - 439 -1435 150 Bands KC Hall - 430 -3274 200 Bands X X Public Non - Profit SPECIAL EVENTS Historic Courthouse v ��` 430 -6233 150 Senior Center - 439 -1100 125 -150 Armory - 297 -4452 200 Commercial Bands X X Brines - 439 -7556 107 X X Trumps - 439 -0024 45 X X Freight House - 439 -5718 275 Bands X X Canelakes - 430 -0585 50 70 X Dock Cafe - 430 -3770 54 X X Andiamo - 430 -1234 (Seasonal) 20 -150 Bands X X Minnesota Zephyr - 430 -3000 220 Inns /Bed & Breakfasts William Sauntry - 430 -2653 40 Lowell Inn - 439 -1100 Type of Party Stillwater Inn - 430 -1300 10 -12 Seating Capacity, Weddings Matt Bands Z� ik?-`— Pc' X X X X X X X X X X X • • ALAN K. RUVELSON. JR. EDWARD F. KAUTZER* GREGORY J. SCHMIDT* CHRISTOPHER A. GROVE ALSO LICENSED IN WISCONSIN January 11, 1993 The Honorable Charles Hooley Stillwater City Hall Fourth Street Stillwater, Minnesota 55082 RE: STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES VACANCY Dear Mayor Hooley: RUVELSON, KAUTZER & SCHMIDT, LTD. ATTORNEYS AT LAW SUITE 510, SPRUCE TREE CENTRE 1600 UNIVERSITY AVENUE. WEST SAINT PAUL, MINNESOTA 55104-3825 TELEPHONE (612) 645-9359 FACSIMILE (612) 645-6801 I am President of the Stillwater Public Library Board of Trustees. A vacancy will exist on our Board as of February 1, 1993 due to the resignation of Anita Buck. An appointment is necessary to fill the 11 months remaining in her term of office. Enclosed are six applications for the most recent vacancy we had one month ago. The Library Board recommends Susan Nelson. Please contact me at 645 -9359 or 439 -9594 if you wish to discuss this further. Yours truly, GJS:lcd Enclosures GregoryJ:" Schmidt • The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine - member Board meets the first Tuesday of each month at 6:30 P.M. Meetings usually last 2 1/2 hours. In addition to regular meetings there are committee assignments which require a commitment of time. There is no X.. remuneration of service. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor based on recommendations made by the Library Board. In making our recommendations, it would be helpful if you would answer the following questions. Please return this form to the library by 11/7/92. SU,a),AN, -�# 43 o -10a.. NAM E: BRIEF EMPLOYMENT PHONE: ADDRESS: no STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES -ODUA WHY WOULD YOU BE INTERES IN SERVING ON THE LIBRARY BOARD? L ° w Uif AD .eJ...v-e_ _ IDOcua . a-- Y� � Asz.akOn . f vtc, ' 0 0,„ T[2/Y1 • ' S Y \-- 40 elS '%- C ItSA-61A-Zratt,4 k S gt . N I, � �u,,,� U. oc� -Ac� - that ' +ii v Q., , �..� -ems 0771) L S � t Greg Schmidt 10571: Penfield A ve. Circle Stillwater 439 -9594 ary Ann Engebretson 2516 S. Broadway Stillwater 439 -2630 ?w , Y . i2 ems, i ri Q FUR R INFORMATION CONTACT: aa..,,y '..>>•.. _'aastt:: `- Yi."�..... + ... ,' be..:+3A ,YJA� • The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine - member Board meets the first Tuesday of each month at 6:30 P.M. Meetings usually last 2 1/2 hours. In addition to regular meetings there are committee assignments which require a commitment of time. There is no remuneration of service. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor based on recommendations made by the Library Board. In making our recommendations, it would be helpful if you would answer the following questions. Please return this form to the library by 11/7/92. 4 30. - 39 7 2 STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES t FOg ER lAfel M ah NAME: Wilfred. Hefting 40 Ni °3rd , St. ,Stillwster ADDRESS:. - #103 DEGREES EARNED: BS Uof W River F .i.1s,WI PhM U of W Madison, , BRIEF EMPLOYMENT HISTORY: Rudolph 'High School, -.Rudolph, Galesville `sigh' "School, > Galesville, WI, 1938-194) Hudson High School, Hudson, WI, ''rt,,1941-1974" =Yri (Science : Instructor and Principal).:;° INVOLVEMENT IN COMMUNITY GROUPS & ORGANIZATIONS: Member and officer of Elks Club, Rotary, Wisconsin Education Ass'n, Croix County Health Forum, St. Croix County Supervisor, St.Croix County Council on Aging, United Way Board, Hudson City Board of Appeals, and served on several City committees, Active with Senior Citizens. WHY WOULD YOU BE INTERESTED IN SERVING ON THE LIBRARY BOARD? I have always had an interest in libraries. I have a Wisconsin School Library license; have served on the Hudson Library Foundation Committee and was asked to serve on the Board of Directors of the Hudson Library, but turned it down when I moved to Stillwater. Since moving here I have served on the Foundation Committee. I was trilled to see the picture of the Stillwater Library on the cover of the National Library. Association. I would be interested in the up -keep of the building, both inside` and I.also would have an interest in the surroundings of the building, G reg Schmidt 10571 Penfield Ave. Circle Stillwater : ;..,,..; 439- 9594 DEGREES EARNED: B.S. Mechanical Engineering, UW- Madison FOR FURTHER INFORMATION CONTACT: iii- '> , R.G reg Schmidt „ y 10571 Penfield Ave. Circle N Stillwater 9 -9594 817 South 7th Street P romeon Division of Medtronic; Inca' ;Medical Devices Manufacturing Engineer' UFE Incorporated, Thermal Plastic Injection Molding Manufacturing Engineer INVOLVEMENT IN COMMUNITY GROUPS & ORGANIZATIONS: 1 am currently serving on the committee to develop a library endowment fund. Admittedly, l don't have much experience in Stillwater community groups and organizations; we have lived in Stillwater four years. = WHY WOULD YOU BE INTERESTED IN SERVING ON THE LIBRARY BOARD? It is my wish to become more actively involved in the community. 1 believe strongly in the importance of education, in which the Stillwater library serves a vital role. I would like to offer my energy and commitment to help maintain positive momentum and change at the library. I wish to spend a lot of time listening to fully understand issues. In addition, I hope to encourage compromise among differing viewpoints. 1 have confidence in myself as a decision maker and a leader. My ability to sell ideas, generate enthusiasm, and help focus people on important tasks could be valuable to the Board of Trustees. Mary Ann Engebretson " 516 S. ,Broadway Stillwater 439 - 2630 STILLWATER PUBLIC LIBRARY.BOARD OF TRUSTEES The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine - member Board meets the first Tuesday of each month a t 6:30 P.M. Meetings usually last 2 1/2 hours. In addition to regular meetings there are committee assignments which require a commitment of time. There is no remuneration of service. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor based on recommendations made by the Library Board. In making our recommendations, it would be helpful if you would answer the following questions. Please return this form to the library by 11/7/92. NAME: Mark MacGregor - ADDRESS: PHONE: STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine - member Board meets the first Tuesday of each month at 6:30 P.M. Meetings usually last 2 1/2 hours. In addition to regular meetings there are committee assignments which require a commitment of time. There is no remuneration of service. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor based on recommendations made by the Library Board. In making our recommendations, it would be helpful if you would answer the following questions. Please return this form to the library by 11/7/92. NAME: 4y AWE' U1ef//y PHONE: ADDRESS: qO 7g ley ,S DEGREES EARNED: . . /3,4, `B, S, ()d',t1 C/ 96fi 4. M, =`T /14/4 V,i►,v C ia7 3) t BRIEF EMPLOYMENT HISTOFY: Cl- Od1 T�/�CNE INVOLVEMENT IN COMMUNITY GROUPS & ORGANIZATIONS: ST /Lt ti,gT ' . 7 vivl' - - /dot/ /AJFo0/1/ L COM, yr ✓/T y /ivt/0 vE -1F,vr ) S U , yhi , Sc/fat, ,g c7l vir(es 6 jc. ) WHY WOULD YOU BE INTERESTED IN SERVING ON THE LIBRARY BOARD? C a r�a� .c�-�c Z,& Sd2 , , 7 - Nie( �# r Greg Schmidt 10571 Penfield Ave. Circle N. Stillwater 439 -9594 M ary Ann LL Engebretson 516 S. Broadway Stillwater -� a J asilitGo FOR FURTHER INFORMATIO 14_ - # e.rx.Y4v CONT 7 • /910 fife . STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine-member Board meets the first Tuesday of each month at 6:30 I L. P.M. Meetings usually last 2 1/2 hours. In addition to regular meetings there are committee assignments which require a commitment of time There is no remuneration of service. Terms are three years in length with the possibility of two reappointments. The appointment will be made by the Mayor, based on recommendations made by the Library Board. In making our recommendations, it would be helpful if you would answer the following questions. Please return this form to the library by 11/7/92. NAME: JACK M. .ULLR I CH r - 1‘ , ■ • J.147',1312 EVERETT ST DEGREES EARNED.'' r 44 • . • - 71:e - 41969-1990 Andersen Corp Snager ;Safes , aorodot ion -7 • dmmercialTSales. BRIEF EMPLOYMENT HISTORY: p ,i '" , i••• - t- '•• - . • ' NVOLVEMENT IN COMMUNITY GROUPS & ORGANIZATIONS: . .e, ,... - ,,.... , -..,..-- 1,1.'4 ,t..-% "`-',-.'• - , '''''' t ' .t ..t ',. ,-, ,,":"' ° :- ' .'4... . ..4-• v.-14 ■• .- ii. 4 ,4 * , * ••• ''''-' f t., Stillwater: United Way Div. Chair & Board of Directors - ' - WHY WOULD YOU BE INTERESTED IN SERVING ON THE LIBRARY BOARD? 96771969 :ii.::•RoCk - IS land MiiiwOrk A962-1967 InterstateTWho1esa1e 95 -1 WhOlesaie , Inc . 4, 4 Z ;V 2 7, •=,•• • - Ft. Madison, Ia. : Community Chest Fund Raising Chair & Board of Directors Jaycees, =Community Forum Chair.. At .4.4 "• - ; ' • - - • . • • • • • FOR FURTHER INFORMATION CONTACT: --. r4e. • , ;t7i• .‘ •• Greg Schmidt '4 0571 Penfield Ave. Circle N. Stillwater N:439-9594 *.* A .•••.t.‘4. 4A4 - The library serves in the education of the community, and old, in many great ways and 'I believe it will have to serve in an even greater role in the near future. I like to be a part of that service. both young opportunities would • ' Mary Ann Engebretson 516 S. Broadway Stillwater' 439-2630 STILLWATER PUBLIC LIBRARY BOARD OF TRUSTEES The Stillwater Public Library Board of Trustees is the policy making body for the Library. The nine-member Board meets the first Tuesday of each month at 6:30 P.M. Meetings usually last 2 1/2 hours. In addition to regular meetings there are - committee assignments which require a commitment of time There is no remuneration of service. Terms are three years in length with the possibility of two - reappointments. The appointment will be made by the Mayor based on recommendations made by the Library Board. In making our recommendations, it - would be helpful if you would answer the following questions. Please return this - form to the library by 11/7/92. NAME: A 1 fig77/74- M-C ,AobREss: DEGREES EARNED: . * 4 ; Ft I EF EMPLOYMENT HISTORY : MA/6 e0 y:T- 0°6ie FOR „Ft bu-c- Y r.- 14-vs eii/YG„f , ,...:. , 44,7.4c-ic ,c—iii32/1-gf '--0`.75:5-:-..72.43F ,. ,„.. .k:fd. „ , _ I -,,,.. cog : - , - ,45u.s/Atess , ( g9 6 F7 Z ito ) io -rq9 ..11-.‘„TaV4T- ... .... 1-P.s To (zp-kiits,5)z Fyc, I NVOLVEMENT IN COMMUNITY GROUPS &ORGANIZATIONS: y &gip tow A' Esero R4 DN P1E WHY WOULD YOU BE INTERESTED IN SERVING ON THE LIBRARY BOARD? (3,K6 p JN7 ite le 6,4 myvo /ti-R-ve as / 5 7'7 ci.c6;4;r L 6)/7 ; HIWE /9 - 6&N /V boo 4-7 PAI 6/1c-e TZ) ‘-t) OA J C4 11 - 1-- Ai 6E" 14 f,9 0 Mf • i-EL,p NG 1 t: 7r piA.4911c;J'. - t -1 A e EEN LI Siz-frrz"() -r POss18 FOR FURTHER INFORMATION' CONTACT: - Greg Schmidt 10571 Penfield Stillwater e. • 439-9594 , r ; F:74•: , „ , itg. 4 It Ave. Circle N. 4-45.44,0z, rr y rr, rr- r rrrrr -rrr rr)r. TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: JANUARY 15, 1993 SUBJECT: APPOINTMENTS /REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS FOR 1993. The following is a summarization, for Council's information, of current members of the various committees who wish to be reappointed and others who have shown an interest in appointment to a Board /Commission. "Planning Commission Current Members (Term expires 12/31/92) Duane Elliott Angela Anderson 910 Towne Circle 1121 No. 4th St. Gene Bealka 711 Lake Dr. (These members were contacted and stated their wish to be reappointed.) Dorothy Gilbert Foster 805 W. Abbott t o, Jay Michels 118 -1/2 No. Main St. CO. ;- i/ Park & Recreation Commission Current Members (Term expires 1/1/93) Wayne Wohlers James Gannon 1207 W. Myrtle St. 804 W. Laurel St. Alan V. Liehr Steve Joyce 2831 Woodridge Ln. 1114 No. Fourth St. (All members, except Wayne Wohlers, wish to be reappointed.) Requests for Appointment Jack Gill Patricia Gill 302 Darrell Court M E M 0 Requests for Appointment 1 Kirk Roetman 1521 W. Olive St. Michael Robinson 820 No. Fourth St. John Melville 125 Northland Ave. Michael Nystrom 1990 Oak Glen Trail Delwin P. Peterson 1303 So. 4th St. Port Authority (Term expires 12/31/92) Current Members James S. O'Brien Harry D. Peterson 509 So. Greeley St. 922 No. William St. (Both Mr. O'Brien & Mr. Peterson were contacted & stated their wish to be reappointed.) ✓ Heritage Preservation Commission (Term expires 12/31/92) Current Members Jeff Johnson Howard Lieberman 309 So. Fifth St. 914 So. Greeley St. Marlene Workman 5674 O'Brien Ave. Oak Park Heights (Both Mr. Jchnson Commission. Bruce Brillhart 319 W. Pine St. Martha Hubbs 626 No. Fourth St. No. (U, 3 / 3 and Mr. Lieberman wish to be Although Ms. Workman lives in Oak Park Heights, State Statutes require certain representation on this Commission -- please refer to the memo from City Planner Pung - Terwedo on this item.) Requests for Appointment Michelle Roettger 128 Birchwood Dr. Steven J. Wolff 701 Harriet Dr. G; Jay Michels 118 -1/2 No. reappointed to the Main St. • • • ✓Joint Cable Communications Commission (Term expires 1/31/93) Current Members Jaclyn Ulrich 621 Lake Drive (resigning at end of term) Solid Waste Commission Alternate: Mary Kreimer- Adrian 1860 Heifort Ct. (Mary Kreimer- Adrian wishes to be reappointed -- Jaclyn Ulrich will be resigning at the end of her term.) This is a new Commission and shall be composed of six members with three whose term expires on December 31, 1993; and three members shall be appointed for a term ending December 31, 1994 -- thereafter, members shall be appointed for not more than two consecutive two year terms. A representative from the Washington Co. Public Health Dept. and a representative from the City's solid waste collection contractor shall be ex- officio members of the Commission. Also, a City Councilmember shall be appointed by the City Council. Note: The Chairman of the Ad Hoc Commission will provide a list of recommended names at the meeting. Requests for Appointment Michael E. McCarthy 212 So. Greeley St. Teresa Muckala ` , 1 1014 So. Third St. 3 3 Ron Roeller 820 W. Stillwater, Ave. Kirk Roetman 1521 W. Olive St. • • • Gary Funke Stillwater City Council 1605 West Pine Street Stillwater, MN. 55082 Re: Stillwater Planning Commission Dear Mr. Funke: When I met you recently I expressed a desire to be appointed to the Stillwater Planning Commission. You advised me to write a letter to your home and repeat my request. What precipitated my desire to be appointed was when I learned that two of the present members are next -door neighbors. I see no logic to that situation when we are dealing with A city- wide subject. I feel that the members should be spread thoughout our city. I am a longtime resident of Stillwater, attending school here, a member of many organizations and I believe in careful planning that will protect and preserve the unique character of Stillwater, "where Minnesota was born." DGF / k f November 6, 1992 Thank you for consideration of my request. Yours truly, Dorothy Gilbert Foster 805 West Abbott Stillwater, MN 55082 (612) 4.39 -2576 City of Stillwater 216 North Fourth St. Stillwater, MN 55 )82 Attn: Mary Lou Jo:inson / City Clerk Dear Ms. Johnson: Please accept thlk letter as my application to serve on the city's Planning Commission. This is my first choice of position. However, if all positions are filled on this commission 1 would like to be considered to serve on the Solid Waste Committee. Thank you for notifing me of the positions and I look forward to serving the City of Stillwater. Sincerely: Kirk Roetman Kirk Roetman 1521 West Olive St Stillwater, MN 55082 (612) 439 -8690 n . d / / t •1 • • • • • • /ASPHALT SPECIALTIES COMPANY 2828 Anthony Ln. So. P.O. Box 838 Minneapolis, Minnesota 55418 Lakeland, Minnesota 55043 781 -8871 436 -8589 December 15, 1992 Ms. Mary Lou Johnson City of Stillwater 216 N. Fourth St. Stillwater, Mn. 55082 Dear Ms. Johnson: I am responding to an article in the Courier Newspaper regarding the open positions on several of the commissions and committees of city government. I would be very interested in serving on the Planning Commission, Historic Preservation Commission, or the Downtown Parking Committee. If you have any questions regarding my letter of interest, please contact me at my home address of: 118 -1/2 No. Main St. Stillwater, Mn. 55082 430 -1182- home /436- 8589 - office Sincerely, — ,,/tr¢ r / z3� Jay Michels COMMITTED TO EXCELLENCC • • Mayor W. Abrahamson City of Stillwater Stillwater Mn. 55082 Dear Mayor Abrahamson: 302 Darrell Court Stillwater Mn. 55082 A few weeks ago Judy Gulden called and asked me if I would like to work with some members of the Parks and Recreation Committee. She felt I might have some ideas which could be shared. 439 -1994 I spent the first 38 years of my life in London, England and grew very used to availability of London's beautiful parks. I think that because England is such a small country,with 60 million people in it, people there are aware of their precious green space and the importance of plants and flowers in raising the quality of their lives. I am also aware that maintenance of parks and recreation areas is very costly. I am very much aware that our political activity this year has had an enormous impact on our own garden, it is looking so sad from lack of attention. Jack and I use the parks in Stillwater very frequently and enjoy the views and the walks that we take daily in them. We are aware that the public can damage them through carelessness and that they need protecting. If it is felt by you and members of the Parks Committee that we can be of some assistance to the City we would be pleased to offer our services. Yours sincerel r C Patricia K. Gill and Jack Gill PARK AND RECREATION COMMISSION INTEREST 41 1Mary Lou Johnson - Stillwater City Clerk City of Stillwater 216 N. Fourth St., Stillwater, Minn. 55082 Dear Mary lou, December 19, 1992 Please accept my letter requesting appointment to the Stillwater PARK AND RECREATION COMMISSION. Below are my qualifications and background. I have a strong desire to serve ! broader leisure and recreation needs of our community. I beieve 1 the importance of a cities parks and recreation priram and would like to contriblIte to its future. I would bring a great ai of enthusiasm, eneay and innovation. The ld be useful in achievinc; the doals and objectives that the Stillwater City Council may have, I've served the youth of our ci.tv for yeal now 7 would like to contribute to our broader Any agreed to goals and objectives face financial prudence. My y.i=ars of busine s experience at 3M Company, and my forma l training in Management and Finance, will be of particular value in achieving as much as possible. My background includes experience in achieving goals via team effectiveness and consensus. T've as included, on an attachment, viewpoints which will familiarize you with issues I feel are important to consider in today's social environment. QUALIFTSATIONS, BACKCROUND RECORD CF CONTRIBUTIONS TO CUR COMMUNITY: - 3 YEA ze.z) : COACHING EXPERIENCE, ACES 5-16 - 23 YOUTH TEAMS * BASEBALL (VAA), SOCCER (ST, CROIX VALLEY SOCCER & VAA) - 5 YEARS OF PARTICIPATION IN VAA BOAR: ACTIVITIES * HEAD COMMISSIONER OF VAA BASEBALL - CHAIRPERSON OF THE VAA SPORTS COMPLEX COMMITTEE * EXPANDED THE AWARENESS OF ET. CROIX VALLEY RECREATION NEEDS - MEMBER OF "SCHOOL FACILTTIES TASK FORCE" COMMITTEE - NEW SR. HISH SCHOOL * ORIGINAL COMMITTEE ANALYZING SCHOOL EXPANSION NEEDS IN 1389 * TNTTIATED DISTRTCT 1 "RESOURCE ASSISTANCE PROGRAM" - 1991 - LIVED IN CITY OF STILLWATER SINCE 1974, EXCEPT FOR 3 YEAR JOB RELOCATION • MARRTED, WIFE KAREN, TWO C1H1LDREN, RYAN & MARY - MEMBER TRINITY LUTHERAN CHURCH SINCE 1974 - EMPLOYED AT 3M COMPANY - 2 7 EAFS - LOGISTISS & PLANNINC; SPECIALIST I have a strong desire to contribute more to the community. Please consider me seriously for appointment to the Stillwater Park and Recreation Commission. Sine:rely, .4 0 4 0' onn Melville 41 1 125 NORTHLAND AVE. STILLWATER, MN. 55082 439-5858 (HOME) , 736-5133 (WORK) TMPORTANT ISSUES TO CONSIDER **************************** • This rommission has contributed to the quality of our community. it actions impact; ** Businesses locatina in our city ** Attrartina quality citizens and werkforce ** Funneling youth'a energy to positivee outcomes ** Community pride These are all influenced by the quality a communities packs and reereaticn erograms. ranted E ot thF= , .01,-= impact, but the laek of a top' notch parks and recreation pro 3m can make the council's challenges even harder. The commission should -edoube Its efforts to make aualiety recommendationa tc the Ct. Counci]. We must look beyond the maintenance cf what we have, ':_ewarc long term oblectives. Creative ways of accomplishing more, with minimal i.z,pc: on the city's budget, is assential. wth the social caallenges that faee any city, itla time ee rededicat-,E this commission and pick Jp the pace of advancement& thac will help us keep the community as fine as it is today. I'm up to that ehallee This commission should increase the priority in certain areas. want to briefly touch on some, if only to spur your thinking: ** OUR vOUTH ** We should provide leadership and focus for our eommunity sporting clubs and civic orcanizations. All groups need to coordinate activities to deliver benefits at the lowest cost - Let's work together. • ** CHANGING (7ITIZENRY ** Recreational opportunities rake on added ciensoiu in an increasingly diverse community - seniors, handicapped, S ethnic groups. ** CnMMUNITY "ASSETS" ** e must kept pace with our parks and asset needs. This area needs constant scrutiny as we crow. we are beginning to fall behlead in certain areas. ** TNvnLvv' C7TTZENS ** Tncreasing the awareness of citizens aboet whal: have, direction, and our needs is extreely important. They will help te define our resource limitations. If knowledgeable, they can make quality decisions. ** RESOURCE LIMITATION ** Ne oan't have everything, thlis prioritization is necessary. Besides coorinating with other city sporting clubs etc., we to consider valley wide partnerships. The dozen er so valley cities can't do it alone and meet citizen expectations. T feel this to be a key strategy. ** NETGHP,ORHoOD NEEDS ** Strong dialogue with neighborhoods in our eity will make sure we are meeting their unique needs vs, city wide needs. BOTTOM LINE *********** I would advocate evaluation of cur communities assets vs. needs, th develor, short/long range 17)1ans with consensus. Expanding our "pattners" the greater Valley; increasing volunteer networks to maximize programs; yet doing so with financial prudence are important. We can't break the budget, but through prioritizing and working together 1 feel we can do more. • • • Michael Nystrom 1990 Oak Glen Trail Stillwater, Minnesota 55082 439 -0791 December 14. 1992 ?Mary Lou Johnson City Clerk City of Stillwater 214 North 4th Street Stillwater, Minnesota 55082 Dear 1\4s. Johnson: I would like to take this opportunity to introduce myself and express my interest in a position on the Parks and Recreation Commission. A resident of Stillwater since 1987, I am married and have two children. I graduated from Bemidji State University in 1980 with a Bachelor of Science degree. Since that time I have worked in a corporate environment for the same company. Since moving to Stillwater I have been actively involved with the St. Croix Valley Athletic Association (VAA) both in coaching and the administration of VAA programs. For the past two years I have served as head baseball commissioner within the VAA. My work with the VAA has given me the opportunity to observe the park facilities not only in Stillwater, but throughout the valley. I am confident that my experience and enthusiasm in this area would be an asset to the Stillwater Parks and Recreation Department and appreciate your consideration of my application. I will be happy to provide additional information as needed. Sincerely yours, Michael Nystrom The Mayor and Council of the City of Stillwater City Hall 216 N. 4th St. Stillwater MN. 55082 Dear Mayor and Counci]members: 12/30/92 I would like to place myself at your disposal for one of the positions on the Parks and Recreation Board that will be open in January 1993. I believe that I would be an asset to the Board. I have a broad based backgrounc that ranges from the operation of my own restaurant business t6 HVAC(heating ventilation air- conditioning)system rPpair and installation. I have also been involved with a non-profit corporation as an employee with duties ranging from complete bookkeeping responsibilities to the mainte- nance responsibilitie. of 640 acres of land , two large houses and several out buildings as well as being involved in the planning and development of the Millay Colony for the Arts in Austerlitz, N.Y. on the estate of Edna St. Vincent Millay. I have extensive experience in the hospitality industry as well as experience in the construction industry. Sports and recreation have been an important part of my life. Participation in organized baseball from the Little League to high school provided a channel for my youthful energies as did organized football. In recent years I have been involved in ten- nis, sailing and cross-country skiing. Coaching a Tee-ball team for the VAA this past year reinforced my belief that a well run recreation program is a vital link in the proper development of our youth. A college degree-B.S. Business Administration, University Of Connecticut- is another asset that will enable me to carry out the responsibilities as a Parks and Recreation Board member. Thank you for your consideration. I look forward to serving the citizens of Stillwater. Sincerely, Michael Robinson 820 N. 4th St. Stillwater 439-0358 • • • • • • Michelle Roettger .128 Birchwood Dr. Stillwater MN 55082. 430 -1582 December 28,1992 To the Honorable City Council of Stillwater: I am requesting consideration by the council for the position of Parks and Recreation Commissioner. My interest in serving as commissioner has been motivated by three main concerns. First, since being involved in VAA activities I've been alerted to the growing number of kids signing up for youth sports in this area. The baseball /softball program alone served 2500 children in the district this year. Unfortunately, several kids were turned down when it came to the Day Baseball program due to lack of available staff and funding. I think with creative thinking and cooperation from the entire community appro- priate needs can be met for the children. The need for the school dis- trict, the VAA, and the City to be in communication in terms of park and recreational needs is essential. Seocndly, this city serves the ciitzens of Stillwater. We need to make sure that the financing of park faiclities for the entire school district does not fall on the tax payers of Stillwater alone. There is a need for open communication between other cities and townships when deciding on "who's footing the bill ? ". Third, I was very disappointed to see that in 1992 there were all males serving on the commission. I know the City Council tries to appoint the most qualified persons but this oversight of representation needs to be updated. I am excited about the possibilities for change and am looking forward to serving the community. I hope you will consider me for the appoint- ment. Thank you Sincerely, - aatt 1 / 4 1?Ael:tyA__, Michelle Roettger GOAL: Appointment to the Stillwater Parks and Recreation Commission OBJECTIVES: * Develop a cooperative effort between the City of Stillwater, the Valley Athletic Association, and the Community Education Dept of Dist 834 and by combining expertiise improving the quality of recreation for children and adults. * Review and update field maintainance, and evaluate the availability and monetary priorities of all park facilities. * Research surrounding areas in an effort to encourage development and maximize usage of ball fields. * Allocate funds for park development on a even distribution basis. QUALIFICATIONS: - VAA VOLUNTEER Fundraising Tournaments Press Releases - WASHINGTON COUNTY WOMEN'S POLITICAL CAUCUS Membership chair Editor of bi- yearly newsletter Board- endorsment committee Board -bi -laws committee - PARENT VOLUNTEER Junoir great books - Stonebridge School (teaching program) PERSONAL OUALIFICATIONS * Committed to Community Service * Excellent Communicaton Skills * Good Team Player * Dedicated to Fairness * Long time resident of Stillwater • • • Pamela D. Neary State Representative Elect District 56B Washington County Stillwater City Council Members: I want to wholeheartedly recommend Michelle Roettger for a position on your Parks Commission. I have known Michelle for several years through the Washington County Women's Political caucus. We have worked together on several projects and I can vouch for her diligence, hard work and ability to get things done. She is capable of working effectively with diverse groups of people and is a good listener. In short, Stillwater would be well served by adding Michelle Roettger's talents to its pool of volunteers. I urge you to appoint Michelle Roettger to the Stillwater Parks Commission. incerely, 641 x-1 Pamela Neary c ut 1033 Indian Trail, Afton, Minnesota 55001 State Office Building, St. Paul, Minnesota 55155 Dec. 21, 1992 Minnesota House of Representatives Dee Long, Speaker (612) 436-1033 (612) 296 -6860 House Fax (612) 296 -1563 • • • Mary Lou Johnson, City Clerk 216 North Fourth Street Stillwater, MN 55082 Dear Ms Johnson, 701 Harriet Drive Stillwater, MN 55082 December 11, 1992 I would like to be considered for appointment to the Park and Recreation Committee. As a lifelong resident of Stillwater, I am aware of the current facilities and the needs of the community. My experience in volunteer community service includes: current member and past president of the Stillwater Lions Club, current member and past council member of Trinity Lutheran Church, current membership chairman of Minnesota Heart Association, current member of a fundraising committee for Stillwater Area Baseball Boosters and former coach of youth soccer, baseball and basketball. My qualifcations in business and management revolve around the dental practice that I have maintained in Stillwater for nineteen years. I have six employees and I own a building with three other businesses as tenants. I would be happy to serve on the Park and Recreation Commission for the city of Stillwater. Sincerely, Steven J. Wolff, D.D.S. January 12, 1993 Mary Lou Johnson, City Clerk City of Stillwater 216 North 4th Street Stillwater, MN 55082 Members of the City Council: Sincerely, D,/ Delwin P. Peterson Delwin P. Peterson 1303 South 4th Street Stillwater, MN 55082 I wish to express my interest in Serving on the Parks and Recreation Board for the City of Stillwater. 1 understand you are considering potential candidates to fill vacancies on this board at your next meeting on January 19, 1993. My family and I have lived in Stillwater since 1976 and in that time I have been active in River Town Restoration, Family Service of St. Croix Area, and have helped coach various teams for the Valley Athletic Association. I have degrees in engineering, law, and business and I feel I could make a positive contribution as a board member of the Parks and Recreation Board and wish to be of service to the city in that capacity. Please contact me if you require any additional information_ My phone number is 439 -0042. • • • Mr. Nile Kriesel City of Stillwater 216 N. Fourth St. Stiliwater, MN 55082 Dear Nile': Sincerely, Bruce Brillhart 0 / 17 /5z, l Ann Bean Mouse Bruce Brillhart By this letter I would like to express my interest in the next opening on the Historic Preservation Commission. I believe that with my background and experience I can make a positive contribution to the Commission and it's objectives. Education & Experience: I have a BS and a MS degree in engineering, and also an MBA from the - University of Minnesota.' I have worked in high technology medical and military.electronics for 20 years, and am currently CEO of RBC Incorporated, a _ consumer electronics company based in Golden Valley, MN.. Vikki Brillhart and I are currently restoring the Hersey /Bean /Lehmicke mansion at 319W..Pine to create the historic Bed & Breakfast called The Ann Bean House. We purchased the house as an 8 -plex in 1990, and we began renovation last - year. Our house was on the -RTR Historic Home Tour last year as an example of a renovation in' progress. Community Involvement: Historic Old West Side Neighborhood Association, Ann Arbor, MI - 1974 -76 River Town Restoration, Stillwater, MN' - 1990 - present Stillwater Chamber of,Commerce - 1990 present Stillwater Planning Commision Subcommittee for' B&B ordinance revision - 1992. Comments: I have had a long term interest in historic preservation, beginning, with the historic neighborhood I lived in after graduation from college. It is.only recently that we have had the resources to begin our own restoration, but this experience has been valuable in defining the advantages and limitations of " historic preservation." I am a fairly new resident to Stillwater, but I feel my experience with historic restoration and preservation, combined with my diverse community "experience can bring fresh perspectives and :ideas; to the commission. Elegant '[Victorian Bed and Bre 319 W. pine Street Stillwater, MN 55082 (612) 430 =0355 November 19, 1992 Niles Kriesel City Manager City of Stillwater Stillwater, MN 55082 Dear Mr. Kriesel: It is my understanding there may be openings on the Heritage Preservation Commission this January. Should that occur, please submit my name for consideration to fill the vacancy. As you know, I have been involved in historic restoration and preservation for over twenty years and have a serious interest in the preservation of our City's heritage and its preservation. I am also a Board Member of the Victorian Society of America for the North -Star branch in Minnesota, winner of a National contest for interior decorating and a business owner whose niche is Victorian decor. Should you have any questions, please contact me. Martha Hubbs 626 N. Fourth St. Stillwater, MN 55082 612 / 430 -2895 /: • • • • • • ASPHALT SPECIALTIES COMPANY 2828 Anthony Ln. So. P.O. Box 838 Minneapolis, Minnesota 55418 Lakeland, Minnesota 55043 781 -8871 436 -8589 December 15, 1992 Ms. Mary Lou Johnson City of Stillwater 216 N. Fourth St. Stillwater, Mn. 55082 Dear Ms. Johnson: I am responding to an article in the Courier Newspaper regarding the open positions on several of the commissions and committees of city government. I would be very interested in serving on the Planning Commission, Historic Preservation Commission, or the Downtown Parking Committee. If you have any questions regarding my letter of interest, please contact me at my home address of: 118 -1/2 No. Main St. Stillwater, Mn. 55082 430 -1182- home /436- 8589 - office Sincerely, _,4;Y / - ACCIP'er 'S Jay Michels 'COMMITTED TO EXCELLENCE • • • • 11 water THE BIRTHPLACE OF MINNESOTA MEMORANDUM T0: MARY LOU JOHNSON FROM: ANN PUNG - TERWEDO, PLANN4 DATE: JANUARY 12, 1993 SUBJECT MARLENE WORKMAN'S REPRESENTATION ON THE HERITAGE PRESERVATION COMMISSION. The Heritage Preservation Commission is a Certified Local Government (CLG). This means that the Commission is certified by the National Park Service (according to the National Preservation Act of 1980) as a qualified Historic Preservation Commission by State and Local legislation. By state legislation which further defines the qualifications of Commissioners, the Heritage Preservation Commission must have representation of the County Historic Society. Marlene Workman is that representative of the Washington County Historical Society on the Commission. She also represents the Historic Courthouse, is an expert in the historic preservation field and restoration of • historic properties. Her knowledge of Stiliwater's history has been quite valuable. The CLG status of the Heritage Preservation Commission makes them eligible for matching grants from the Historical Society /National Park Service. The Heritage Preservation Commission has received two (2) grants. They include: - In 1989, a grant of $9,500 to conduct a historic sites survey of 135 downtown properties and preparation of a National Register Form for a Downtown Commercial Historic District. the District was placed on the National Register of Historic Places in 1992. - This year a grant of $3,250 has been granted for the Historic Context Study /Comprehensive Plan Update. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • • • • • Gary Funke 1605 W. Pine Stillwater, MN 55082 Dear Gary, September 29, 1992 I understand that there may be appointments made to Stillwater's Solid Waste Commission in the near future. If this is the case, I would like to be considered for the Commission. I have some knowledge of the fiscal, and environmental concerns involved and would like to contribute to our management of this essential public service. If you would like to discuss this further, please feel free to call me at 296 -1883 during the day or at 439 -2644 evenings. Thanks for your consideration. Sincerely, Michael E. McCarthy Teresa Muckala 1014 South Third Street Stillwater, Minnesota 55082 November 5, 1992 Mary Lou Johnson Stillwater City Clerk City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Ms. Johnson: I am writing in response to the Stillwater City Newsletter published in October. I understand the city is seeking :residents interested in serving on the Solid Waste Advisory Committee. I would be interested in joining that committee. I am aware of the impact good solid waste planning can have on a community's recycling, reuse, and landfill planning. Some background information about me: - Became a homeowner in Stillwater in May. - Advanced degree in business administration, undergraduate degree in journalism. - Marketing specialist for Bay West, Inc., a St. Paul environmental services firm (does not deal with solid waste issues). - Minnesota native. I would be happy to supply m pre information if you wish to consider me for the committee. Please feel free to contact me at 291 -0456 (weekdays) or 430 -0766 (evenings and weekends). Best of luck with your solid waste planning. Cordially, Teresa Muckala • • • • • • j L C 0 c:L/14L_., /?--"2"(Lci (6 A7 o 0-4.23-c 1 L__6,--1. „&--aLt-- Sept. 29, 1992 City of Stillwater Attn: Nile Kriesel / City Coordinator 216 N 4th St. Stillwater, MN 55082 Dear Mr. Kriesel: I am submitting to you my request for consideration to serve on the Solid Waste Management Board. As a resident of Stillwater I am interested in being involved in the operations of the city. This has been demonstrated by my recent campain for City Council. In the past I have served on several local organization boards (Jaycees,Izaak Walton League, etc) and wish to continue this in a new capacity. Also I bring with me a demonstrates my technic to understand the opera I would appreciate an opportunity to discuss in person my interest in this position and answer any questions you may have. Please feel free to call me at (work) 738 -8358 or (home) 439 -8690 to schedule and appointment. Thank you in advance for your consideration and time. Sincerely: Kirk Roetman egree in Industrial Technology which 1 aptitude. I feel this is important ions of our waste management services. • • • • • • January 10, 1993 Mayor Charles Hooley City of Stillwater 216 S 4th Street Stillwater, MN 55082 Dear Mayor Hoo ley, ROBERTA C. OPHEIM 2650 SKYVIEW CT. STILLWATER, MINNESOTA 55082 439 -2650 I am writing to you to seek consideration for appointment to a seat on the Stillwater Park and Recreation Commission. As you are aware I have served on the Park and Recreation Commission as the Council's Liaison for the past 6 1/2 years. Now that I am not the council liaison, I would like to be appointed to be a citizen representative. Besides the background and interest that I could bring to this position, I am also Chair of the Metropolitan Park and Open Space Commission. Through that relationship, I can bring a link with the Metro Parks and also some of the newest and most innovative thinking in the area of Parks. In addition, I am the parent of a child that is an active participant in a number of the sports and recreation activities offered to the youth of our area. Please feel free to contact me if you should have any questions. Thank you for your consideration. Sincerely, Roberta Opheim • • • • • Duane Elliot 910 Towne Circle 430 -3302 Angela Anderson appt'd. 1/2/90 W. 2 1121 North Fourth Street 430 -2421 Gene Bealka appt'd. 9/17/91 W. 4 711 Lake Drive Glenna Bealka 801 Lake Drive 439 -5774 Gerald Fontaine, Chairman apnt'd. 1/84 W. 4 1618 West Willard Street 439 -6519 Home 293 -8890 Work Don Valsvik appt'd. 10/15/85 W. 3 • 1117 Meadowview Drive 439 -4750 Gary Funke (Council representative) 1605 West Pine Street appt'd. 1/2/90 W. 4 439 -0863 Darwin G. Wald appt'd. 9/17/91 W. 3 1107 Meadowview Drive Robert Hamlin 1317 North Broadway 439 -3119 PLANNING COMMISSION appt'd. 1/2/90 W. 3 appt'd. 12/15/87 W. 4 appt'd. 1/84 W. 2 Steve Russell, Community Development Director Meeting date: Second Monday of the month. December 31, 1992 December 31, 1992 December 31, 1992 December 31, 1993 December 31, 1993 December 31, 1993 January 2, 1994 December 31, 1994 December 31, 1994 Jay Michels W. 2 118 -1/2 No. Main St. Planning Commission Applicants for Appointment Dorothy Gilbert Foster W. 1 805 W. Abbott 1521 W. Olive St. Kirk Roetman W. 3 • • • • PARKS AND RECREATION BOARD 1992 Wayne Wohlers (Chairman) appt'd. 1/84 W. 3 January 1, 1993 1207 West Myrtle Street 439 -7775 Councilmember Roberta Opheim appt'd. 1/88 W. 4 January 1, 1993 2650 Skyview Court 430 -2650 James Gannon appt'd. 12/6/88 W. 2 January 1, 1993 406 West Laurel Street 439 -1856 Alan V. Liehr appt'd. 12/6/88 W. 4 January 1, 1993 2831 Woodridge Lane 439 -9210 Michael Polehna appt'd. 1/90 W. 4 January 1, 1994 1100 Northland Ave. 439 -8952 David G. Junker January 1, 1994 615 E. St. Louis St. appt'd. 1/26/89 W. 1 • 430 -0650 Tom Lillesve appt'd. 5/21/91 W. 4 January 1, 1994 228 Northland Ave. 439 -0506 Robert McGarry, III appt'd. 2/16/88 W. 3 Janaury 1, 1994 1405 Lookout St. 439 -6345 Steve Joyce appt'd. 12/6/88 W. 2 January 1, 1993 1114 No. Fourth St. 439 -2175 Douglas E. Hartman appt'd. 2/6/.90 W. 1 Janaury 1, 1994 1323 So. Fourth St. 430 -3013 Ken Meister appt'd. 10/15/91 W. 3 January 1, 1994 147 Tamarack Ct. 439 -8520 Jack & Patricia Gill 302 Darrell Court John Melville 125 Northland Ave. Michael Nystrom 1990 Oak Glen Trail Delwin P. Peterson W. 1 1303 So. 4th St. Applicants for Appointment W. 4 Michael Robinson W. 2 820 No. Fourth St. W. 3 Michelle Roettger W. 3 128 Birchwood Dr. W. 3 Steven J. Wolff W. 1 701 Harriet Dr. 2 • • • • Jeff Johnson (Chair) 309 South Fifth Street Robert Kimbrel 724 West Oak Street Marlene Workman 5674 O'Brien Avenue North Oak Park Heights Katherine B. Francis 113 E. Pine St. Shawn Draper 1221 Amundson Circle Howard Lieberman 914 So. Greeley St. Tim Stefan 212 No. Main St. Martha Hubbs W. 2 626 No. Fourth St. HERITAGE PRESERVATION COMMISSION 1992 appt'd. 1/1/89 W. 1 December 31, 1992 appt'd. 1/2/90 W. 3 appt'd. 8/18/87 December 31, 1992 appt'd. 2/5/91 W. 1 December 31, 1993 appt'd. 12/3/91 W. 3 December 31, 1993 appt'd. 10/1/91 W. 4 December 31, 1992 appt'd. 2/5/91 W. 2 December 31, 1993 Applicants for Appointment Bruce Brillhart W. 1 Jay Michels W. 2 319 W. Pine St. 118 -1/2 No. Main St. James S. O'Brien 509 South Greeley Street Harry D. Peterson 922 N. William Street Mayor Wallace Abrahamson ex-officio) 1301 Cottage Drive R.J. (Barrett) Colombo 215 North Harriet Street Earl L. Olson 304 Northland Ave. Dean R. Funke 2372 Hidden Valley Lane Nile Kriesel (ex- officio) Dave Magnuson (ex- officio) STILLWATER PORT AUTHORITY 1992 James G. Schultz (Chairman) appt'd. 1/8/91 1414 W. Linden St. Term Expires appt'd. 3/15/83 W. 3 December 31, 1992 appt'd. 2/6/90 W. 2 December 31, 1992 January 2, 1995 W. 3 December 31, 1993 appt'd. 12/3/91 W. 2 December 31, 1994 appt'd. 3/12/91 W. 4 December 31, 1994 appt'd. 1/8/91 W. 4 December 31, 1993 The Stillwater Port Autho ity is organized per City Code, Chapter 49, and consists of six (6), not Counting the Mayor, who serve for a period of three (3) years and are appointd by the Mayor and confirmed by the City Council. The Mayor is also an ex- officio member of the Council. His term conincides with his term of office as Mayor. • • • STILLWATER W. 3 ELECTED: Ann M. Bodlovick, Chairperson 1511 West Olive Street Stillwater, MN 55082 (612) 439 -2658 Term: 2/1/90 to 1/31/9 RESIDENT: Jaclyn Ulrich, Vice Chairperson 612 Lake Drive ann'td. 1/87 W. 4 Stillwater, MN 55082 (612) 439 -4837 Term: 2/1/91 to 1/31/93 agnt'd. 11/3/87 W. 3 ALTERNATE: Mary Kreimer- Adrian 1860 Heifort Court Stillwater, MN 55082 (612) 439 -3728 Term: 2/1/91 to 1/31/93 ADMINISTRATIVE SECRETARY: Marilyn G. Richert 9353 Norell Avenue North Stillwater, MN 55082 (612) 439 -2131 3/13/91 • • CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1917 South Greeley Street Stillwater, MN 55082 (612) 439 -8803 REPRESENTATIVES FY 1991 OAK PARK HEIGHTS Jack Doerr, Secretary 14520 Upper 56th Street Oak Park Heights, MN 55082 (612) 439 -1815 2/1/91 to 1/31/93 Vacant to 1/31/93 Dean Kern 5885 North Oldfield Avenue Oak Park Heights, MN 55082 (612) 439 -7544 2/1/91 to 1/31/93 BAYPORT Douglas Beedle, Treasurer 385 First Avenue North Bayport, MN 55003 (612) 439 -2834 1/1/91 to 1/31/92 Vacant to 1/31/93 Phyllis White 688 North Fifth Street Bayport, MN 55003 (612) 439 -4257 2/1/91 to 1/31/93 Solid Waste Applicants for Appointment Michael E. McCarthy W. 3 212 So. Greeley St. 820 W. Stillwater Ave. Teresa Muckala 1014 So. Third St. W. 1 Ron Roeller W. 3 Kirk Roetman W. 3 1521 W. Olive St. • • • • • sir David Ruch 1124 Nightingale Blvd. Lois Welshons 415 W. Mulberry St. Anita Buckoff 2511 Croixwood Blvd. Mary Ann Engebretson 516 So. Broadway Lisa Freeman 519 So. Third St. W. Ves Childs 1311 Dallager Ct. Sheila Maybanks 201 Bayberry Ave. Gregory Schmidt 307 Echo Lane Fred Kalinoff 108 Lakeside Dr. Wilfred Heiting 408 N. Third St. Lynne Murphy 9098 Fairy Falls Rd. No. Jack M. Ullrich 1312 So. Everett St. LIBRARY BOARD appt'd. 1/8/91 W. 4 December 31, 1993 appt'd. 12/6/88 W. 2 December 31, 1994 appt'd. 8/14/90 W. 4 December 31, 1994 appt'd. 12/20/88 W. 1 December 31, 1994 appt'd. 11/5/92 W. 1 December 31, 1995 appt'd. 8/6/85 W. 3 December 31, 1995 appt'd. 11/5/92 W. 3 December 31, 1995 appt'd. 1/88 W. 3 December 31, 1993 appt'd. 1/88 W. 2 December 31, 1993 Applicants for Appointment W. 2 Mark MacGregor 817 So. Seventh St. W. 2 Susan Nelson W. 4 1103 Nightingale Blvd. W. 1 W. 1 Martha Wales w. 2 404 W. Elm St. The Library Board is organized per City Charter, Article XIV and Minnesota Statutes. The Library Board consists of nine (9) members who are appointed by the Council. The members serve for a period of three (3) years. • • M E M O R A N D U M TO: Mayor and City Council FR: Nile L. Kriesel, City Coordinator DA: January 15, 1993 RE: BOARDS AND COMMISSIONS INFORMATION This information is supplemental to the memo I gave to the Council regarding appointments to various commissions and boards. Planning Commission Nine members (although not required by order, one member is usually a councilmember). Three year terms (appointed by Council). Park and Recreation Commission Eleven members (a councilmember is required by ordinance). Two year terms (appointed by Council). • Port Authority Six members Mayor is ex- officio member Three year terms (appointed by Mayor - confirmed by Council). Heritage Preservation Commission Seven members Planning Commission Chairman and City Planner are ex- officio. Three year terms (appointed by Mayor by and with advise and consent of Council). Joint Cable Commission Three members (two each from the cities of Bayport, Oak Park Heights and Stillwater - at least one). Two year terms (appointed by Council and serves at the will of the Council). Library Board Nine members Three year terms (Appointed by Council). • • • 36. ATTACHMENTS: Pre - application and Site Plan. il water THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 14, 1993 SUBJECT: REQUEST FOR TAX INCREMENT FINANCING ASSISTANCE FOR DEVELOPMENT OF COMMERCIAL SITE LOCATED ON NE CORNER OF COUNTY ROAD 5 AND HIGHWAY The City of Stillwater has received a request from Target Stores, Dayton Hudson Corporation and Super Valu, Inc. for Tax Increment Financing assistance for the development of a retail commercial center. (See attached site plan and pre - application.) The preliminary development proposal is for 239,000 square feet of retail space and five commercial outlots. The proposal would generate in excess of $5 million dollars in added property value. The project is consistent with the land use designations contained in the West Business Park Plan. The developer has indicated a need for assistance to construct public improvements: Curve Crest Boulevard, provide sanitary sewer service, drainage and traffic improvements to the site. The developers will be present at the Council meeting to give background on their interest in the site and answer questions. The assistance request is being made consistent with the City of Stillwater Tax Increment Financing Policy (attached). RECOMMENDATION: Direct Staff to work with developers in determining level of City Tax Increment Financing assistance consistent with TIF policy. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • • 01/14/93 08:36 FAX 612 932 4528 MPLS DIV MANAGMT .TAN -13 -155: 1851 FROM RLK ASSOCIATES..LTD..... TO • SIGNATURE Applicant's signature Date CITY OP .STILLWATER PRE - APPLICATION TAX INCREMENT FINANCING ASSISTANCE S324528 P.03/03 Legal nay of applicant: Target Stores. Address: 33 South Sixth Street, Mirneapolis, MN 55440 -1392 Telephone number: Telex. # 205812 Name of contact person: R ichard Brooks, Regional Real Estate Director REQUESTED INFORMATION Addendums shall he attached hereto addressing in detail the foTiowing: 1. A map showing the exact boundaries of proposed development, 2. Give a general description of the project including: size and location of building(s); businesS type or use, traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3, The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer, S. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets. 5. A written perspective of the developers company or corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the Cityls consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this . information may not be disclosed, in whole or part, to persons other than Cityts officials, employees and agents. i/14 E 002 _ rKUM RLK SOCI A T ES I . L i tT.... TO (I) This Preliminary City of Stillwater, a Mu the State of Minnesota ( a corporation organized (hereinafter called "Dev CITT OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING greenent made and entered into by and between the i ci pat ity organized and operating under the laws of ereinarter called 'City ") and Target Stores nder the laws of the State of De laware Toper "). WITN£SSETH: al) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 468.134 and Sections 469.174 through 469.179 (collectively, the °Actn) in connection with a project to be undertaken by the Developer within the City. (III) HOW, THEREFORE, in consideration of the foregoing,, the parties hereto agree as follows: A. The Developer .grees to deposit with the City $3,000 for any and all expenses and costs of the City in connection Frith the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out -of- pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration casts, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. 3. The City Counci l * reserves the right to deny any appl i Cati on for financing at any stage of the proceedings prior to its entering into a Development Agreement, C. All applications and supporting materials and doeurrents shall remain the property of the City_ All such materials may be Subject to disclosure and /or public review under applicable provision$ of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this day of 1969. DEVELOPER: CITY OF STILLWATER Wallace Abrahamson, Mayor Lf 0 0 3 5324522 P.22iO3 • • • CITY OF STILLWATER PRE - APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: SUPERVALU INC. Address- P. 0. Box 1451, Minneapolis, MN 55440 Tel ephone number: 932 -4494 Nate of contact person: Patricia Groeper, Real Estate REQUESTED INFORMATION Addendwns shall be attached hereto addressing in detail the following. 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s): business type or use traffic information including parking, projected vehicle counts and traffic flow; tiring of the project; other pertinent information. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets, 6, A written perspective of the developers company ar corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or part, to persons other than City's officials, employee$ and a SIGNATURE Applicant's signature Date 01/14/93 08:33 FAX 612 932 4528 MPLS DIV MANAGMT JAN -13 -1993 18;51 FROM RLK RSSOCIRTES..LTt.... TO CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMEKT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called uCity") and SUPERVPLU INC. a corporation organized under the laws of the State of Delaware (hereinafter called "Developer "). t3005 932452S P.H2iO3 • WI i NESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act ") in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, i 3 consideration of the foregoing,. she parties hereto agree as follows: A. The Developer agrees to deposit with the City 53,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. Costs and expenses shall include. but not be limited to, all out -of- pocket expenses, all fees for legal serv1 ce5, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will l;e passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All app i icat ons and supporting materials and documents shall remain the property of he City. All such materials may be subject to disclosure and/or publi review under applicable provisions of State Law. (IV) IN WITNESS WHERE F, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this day of - , 1989. DEVELOPER: CITY OF STILLWATER Wallace Abrahamson, Mayor • • 01/15/93 14:43 FAX 612 490 2150 gNGINEERS ARCHITECTS ■ PLANNERS January 7, 1993 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Attention Mary Lou Johnson: Attached is a "No Parking Resolution" for Neal Avenue, that will need to be passed at the next Council Meeting. Neal Avenue is designed for a 30 foot width, the minimum , ad allowable under State width be signed for r ules. State Aid requires that a NO PARKING and that a resolution be passed. This is the same type pe of resolution that was passed in November restricting I m ns at to MCKusick Road. We will be available to answer any January 19, 1993 Council meeting. BCP /bcp attachment nelnar eI t J,1TT SEH ST. PAUL 35$5 VADNAIS CENTER DRIVE. 5r PAUL. MN 55110-5105 612 490 -2003 800 .325-2055 RE: Stillwater, Minnesota Neal Ave. /McIusiok Rd. Improvements L.I. 261 SEH File No. 90115 Sincerely, 444 STILLWATER Barry C. Peters, P.E. (' - UPPEWA FALLS, WI 10002/003 MADISON. WI 01/15/93 14:44 FAX 612 490 2150 SEH ST. PAUL . 444 STILLWATER L1003/003 RESOLUTION NO. _ LOCAL IMPROVEMENT NO. 267. A RESOLUTION ESTABLISHING NO PARKING ALONG NEAL AVENUE WHEREAS, The City of Stillwater desires to reconstruct Neal Avenue from Co. Rd- 4 (McKusick Road) to Oak Glen Trail; and WHEREAS, The ctirb to curb roadway width is 30 feet; and WHEREAS, this width allows for 2 -12 foot driving lanes and 2 -3 foot shoulders; and WHEREAS, the 3 foot shoulder width is not sufficient to allow parking. NOW, THEREFORE, BE IT RESOLVED: That no parking will be allowed on Neal Avenue within the City of Stillwater. Enacted by the City Council this 19th day of January, 1993. ATTEST: Mary Lou Johnson, clerk Charles Dooley, Mayor • • • IRpsdailn.N p N QG ` `` o f . 0%4)51(4 - v •t (I ea. Tr .tI • 01/15/93 11:42 FAX 612 4 2150 18+x7 McKUSICK gyp. OAK 1 � T 6 H i • 1 1 1 1 1 VAN GLEN 5 7 IZT EAGLE RIDGE I 1 SEH ST. PAUL 13 Mk 4- rci . Xt./. C , b �i 444 STILLWATER OAK GLEN LA. OAK G EN CRESENT ICJ 002/002 4 • • • • • • • RECYCLING SERVICE CONTRACT BETWEEN JUNKER RECYCLING, INC. AND THE CITY OF STILLWATER Auumuuri NUMBER 2 The parties agree that the following Addendum, to be known as Addendum Number 1, shall be made a part of the Recycling Service Contract between the parties, effective of September 1, 1989. First, that Paragraph V, subparagraph 1 is changed to hereafter read as follows: 1. The City shall pay the Contractor $1.65 per month beginning January 1, 1993 for recycling services for each residential unit, including apartments, that are billed for regular collection services. Second, Article XII, Duration of Contract, shall be changed to hereafter read as follows: This Contract shall remain in effect until March 31, 1993. If terminated before March 31, 1993, the Contractor shall be entitled to 90 days written notice. This Addendum shall be in full force and effect from and after January 1, 1993. JUNKER RECYCLING, INC. By: By: STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 1993, by and on behalf of Junker Recycling Inc. STATE OF MINNESOTA COUNTY OF WASHINGTON Notary Public CITY OF STILLWATER The foregoing instrument was acknowledged before me this day of 1993, by Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk, on behalf of the City of Stillwater. Notary Public • • • RESOLUTION NO. 93-18 • • RESOLUTION ESTABLISHING A SAFETY COMMITTEE Whereas, the City Council of the City of Stillwater believes that every employee is entitled to work under the safest conditions possible; and Whereas, the City Council wishes to make every reasonable effort to promote accident prevention and health conservation; and Whereas, the City Council intends to maintain a public liability and employees' safety and loss control program that will conform with the best practices of municipalities of our type. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, that a Safety Committee is hereby established to develop, maintain and update a safety manual for the City of Stillwater. BE IT FURTHER RESOLVED, that the City Coordinator in consultation with the appropriate departmental supervisors shall select one member from appropriate departments to serve on the Committee for an indefinite period of time. Adopted by Council this 19th day of January, 1993. Attest: city clerk Mayor • • • • • DAVID T. MAGNUSON ERIC C. THOLE Mary Lou Johnson, City Clerk City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Mary Lou: DTM /sls Enclosure MAGNUSON & THOLE LAW OFFICE LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE 8260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 January 14, 1993 Yours very truly, David T. agnuson Legal Assistants Gail A. Mahr Shelley L. Sundberg I enclose a request from Robert Briggs, who is acting as attorney for Mark Desch, for the City to sign a Subordination Agreement that will facilitate Desch placing a mortgage against his office building. We have a development agreement obligating the City to provide tax increment assistance to the project. The Subordination Agreement was drafted by Desch's lender and does not amount to anything substantial with regard to the City's interests. The agreement merely provides that the City will waive a right of first refusal and purchase option. An examination of • the development agreement reveals that we do not have a right of first refusal or an option to purchase either in the development agreement itself or in our parking lease. In any event, since this will facilitate Desch's financing and not involve the giving up of any City rights, I would recommend that the Mayor and Council give approval to the enclosed form. LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER SUSAN D. OLSON Dear Dave: RGB:dms Enclosures cc: Gary Pihlstror LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 Mr. David Magnuson Attorney at Law The Grand Garage 324 South Main Street Stillwater, MN 55Q82 Re: Mark and Gloria Desch January 5, 1993 If you have ary questions, please give me a call. Yours ve tr ly, i Robert G. Briggs JAN 0 7 1993 (612) 439 -2878 FAX (612) 439 -2923 Enclosed please find copy of Gary Pihlstrom's letter of January 4, 1993 and a copy of the proposed Subordination, Non - Disturbance and Attornment Agreement. As indicated in these documents, Central Bank is requesting that the City execute this Agreement in connelction with the Development Agreement and the lease for parking spaces on the Desch property. I have sent the original agreement'to Mark Desch with the recommendation that he execute the same and if you have no objections to the document, I will forward it to you to get the City's signatures. • • • • SUBORDINATION, NON- DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT, ( "Agreement ") is made and entered into effective as of the 30th day of December, 1992, by and between the City of Stillwater, ( "Tenant "), whose address is 216 North Fourth Street, Stillwater, Minnesota 55082, Mark Desch and Gloria M. Desch (collectively "Mortgagor "), whose address is 9985 Arcola Court, Stillwater, Minnesota 55082, and Central Bank, a Minnesota banking corporation ( "Mortgagee "), whose address is 101 South Main Street, Stillwater, Minnesota 55082. PRELIMINARY STATEMENT OF FACTS: A. Mortgagee is making a loan in the amount of One Million Two Hundred Thousand and no /100 United States Dollars (U.S. $1,200,000.00) to Mortgagor ( "Loan ") repayment of which is to be secured by a mortgage and security agreement and fixture financing statement ( "Mortgage ") on real estate (the "Premises ") more fully described in Exhibit "A" attached hereto. B. The Tenant is the present lessee under a lease dated August 9, 1990 made by Mortgagor, as landlord, demising certain parking spaces constituting part of the Premises, (said lease and all amendments thereto being referred to as the "Lease "), and Tenant is also a party to a development agreement with the Tenant recorded against the Premises as document #1003933 (the "Development Agreement "). C. Mortgagee has required that Tenant subordinate the Lease and its interest in the Premises under the Lease and /or the Development Agreement to the lien of the Mortgage. D. In return the Mortgagee is agreeable to not disturbing the Tenant's possession of part of the Premises under the Lease. E. The Mortgagee has disbursed the Loan proceeds in reliance upon the agreements contained in this instrument and the promises of Tenant in the Development Agreement, among other things. NOW, THEREFORE, in consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. SUBORDINATION. The Lease, and the rights of Tenant in, to or under the Lease and the Premises under the Development Agreement, are hereby subjected and subordinated and shall remain in all respects and for all purposes subject, subordinate and junior to the Mortgage, and to the rights and interest of the from time to time holder of the Mortgage. 2. PURCHASE OPTIONS. Any options or rights contained in said Lease or Development Agreement to acquire title to the Premises, including any rights of first refusal, are hereby made subject and subordinate to the rights of the Mortgagee under the Mortgage and any acquisition of title to the Premises made by Tenant during the term of the Mortgage shall be made subordinate and subject to the Mortgage. 3. TENANT NOT TO BE DISTURBED. So long as Tenant is not in default (beyond any period given Tenant to cure such default) in the payment of rest to be paid under the Lease or in the performance of any of the terms, covenants or conditions of the Lease on Tenant's part to be performed, Tenant's possession of part of the Premises and any extensions or renewals thereof which may be effected in accordance with any renewal rights therefor in the Lease, shall not be diminished or interfered with by Mortgagee, and Tenant's occupancy of part of the Premises under the Lease shall not be disturbed by Mortgagee during the term of the Lease or any such extensions or renewals thereof. 4. TENANT NO'r' TO BE JOINED IN FORECLOSURE UNLESS REQUIRED BY LAW. So long as Tenant is not in default (beyond any period given Tenant to cure such default) in the payment of rent to be paid under the Lease or in the performance of any of the terms, covenants or conditions of the Lease on Tenant's part to be performed, Mortgagee will not name or join Tenant in any action or proceeding foreclosing the Mortgage unless such naming or joinder is necessary to fo *eclose the Mortgage and then only for such purpose and not for the purpose of terminating the Lease. 5. TENANT TO ATTORN TO MORTGAGEE. If the interests of Mortgagor shall be transferred to and owned by Mortgagee by reason of foreclosure or ther proceedings brought by it in lieu of or pursuant to a foreclosure, or by an other manner, and Mortgagee succeeds to the interest of the landlord under the Lease, Tenant shall be bound to Mortgagee under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining, with the same force and effect as if Mortgagee were the landlord under the Lease, and Tenant does hereby attorn to Mortgagee as its 1 ndlord, said attornment to be effective and self- operative imm diately upon Mortgagee succeeding to the interest of the lan lord under the Lease without the execution of any further instrum nts on the part of any of the parties hereto; provided, however, hat Tenant shall be under no obligation to pay rent to Mortgagee until Tenant receives written notice from Mortgagee that it as succeeded to the interest of the landlord under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then 2 • • • remaining balance of the terms of the Lease shall be and are the same as now set forth therein; it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length herein. 6. MORTGAGEE NOT BOUND BY CERTAIN ACTS OF LANDLORD. If Mortgagee shall succeed to the interest of landlord under the Lease, Mortgagee shall not be liable for any act or omission of any prior landlord (including Mortgagor); nor subject to any offsets or defenses which Tenant might have against any prior landlord (including Mortgagor); nor bound by any rent which Tenant might have prepaid; nor for more than the then current installment; nor bound by any amendment or modification of the Lease made without Mortgagee's consent. In the event of a default by the landlord under the Lease or an occurrence that would give rise to an offset against rent or claim against landlord under the Lease, Tenant will use its best efforts to set off such defaults against rents currently due Mortgagor and will give Mortgagee notice of such • defaults or occurrence at the address of Mortgagee as set forth above and will give Mortgagee such time as is reasonably required to cure such default or rectify such occurrence, provided Mortgagee uses reasonable diligence to correct the same. Tenant agrees that notwithstanding any provision of the Lease to the contrary, it will not be entitled to cancel the Lease, or to abate or offset against the rent, or to exercise any other right or remedy until Mortgagee has been given notice of default and opportunity to cure such default as provided herein. In the event the Tenant has paid a security deposit to landlord under the Lease, Mortgagee shall not have any liability to the Tenant unless the same has actually been paid over to Mortgagee and Mortgagee holds the same. 7. ASSIGNMENT OF LEASE. Mortgagor will by a separate assignment of rents or assignment of lease ( "Assignment ") assign its interest in the rents and payments due under the Lease to Mortgagee as security for repayment of the Loan. If in the future there is a default by the Mortgagor in the performance and observance of the terms of the Mortgage, the Mortgagee may, at its option under the Assignment, require that all rents and other payments due under the Lease be paid directly to it. Upon notification to that effect by the Mortgagee, the Mortgagor hereby authorizes and directs Tenant and the Tenant agrees to pay the rent and any payments due under the terms of the Lease to Mortgagee. The Assignment does not diminish any obligations of the Mortgagor under the Lease or impose any such obligations of the Mortgagee. 8. SUCCESSORS AND ASSIGNS. This Agreement and each and every covenant, agreement and other provisions hereof shall be binding upon the parties hereto and their successors and assigns, including without limitation each and every from time to time holder of the Lease or any other person having an interest therein and shall inure to the benefit of the Mortgagee and its successors 3 and assigns. As used herein, the words "successors and assigns" shall include the heirs, administrators and representatives of any natural person who is a party to this Agreement. 9. CHOICE OF LAW. This Agreement is made and executed under and in all respects is to be governed and construed by the laws of the State of Minnesota. 10. CAPTIONS AND HEADINGS. The captions and headings of the various sections of this Agreement are for convenience only and are not to be construed as confining or limiting in any way the scope or intent of the prcvisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. 11. NOTICES. Any notice which any party hereto may desire or may be required to rive to any other party shall be in writing and the mailing thereof by certified mail, or equivalent, to the addresses as set forth above, or to such other places any party hereto may subsequ ntly by notice in writing designate shall constitute service f notice hereunder. 12. CERTIFICATION OF TENANT. Tenant certifies to Mortgagee as follows: a. Tenant has accepted delivery of the premises described in the Lease and has entered into occupancy thereof; b. Tenant has not entered into any agreement providing for the discoujnting, advance payment, abatement or offsetting of rents and no rent has been or will hereafter be paid for more than one installment in advance; c. The Leasel represents the entire agreement between the parties as to the leasing, is in full force and effect, and has not been modified, supplemented or amended in any way; d. Tenant hap fully inspected the premises and found the same to be as required by the Lease, in good order and repair, 4nd all conditions under the Lease to be performed by the landlord have been satisfied; including but not limited to payment to Tenant of any landlord contributions for Tenant improvements; e. The primary term of the Lease commenced on , and continues to August 8, 2005, and may be extended for three (3) additional five (5) year periods by written notice from Tenant to Mortgagor. 4 • • • • • f. Rent payable (exclusive of tenant's 30% share of operating expenses) $6.25 per month per parking space, or $ per month in the aggregate, and the rental is paid through As of this date, the landlord is not in default under any of the terms, conditions, provisions or agreements of the Lease and Tenant has no offsets, claims or defenses against the Landlord with respect to the lease; g. h. Tenant has not assigned or sublet its interest under the Lease; i. Tenant has not paid a security deposit to landlord under the Lease, nor is one required. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed as of the date first above written. STATE OF MINNESOTA ) ss. COUNTY OF CENTRAL BANK By: Its: CITY OF STILLWATER By: Its: By: Its: Mark Desch Gloria M. Desch On this day of , 199, before me appeared , the of Central Bank, a Minnesota banking corporation, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as the free act and deed of the corporation. STATE OF MINNESOTA ) ) ss. COUNTY OF On this c$ay of , 199 before me appeared and the and of the City of Stillwater, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as the free act and deed of the corporation. STATE OF MINNESOTA ) ss. COUNTY OF On this Mark Desch, to me and who executed the executed the same a COUNTY OF STATE OF MINNESOTA I) ss. THIS DOCUMENT WAS DRAFTED BY; Hatch, Eiden, Pihlstrom & Gunstad Suite #950, One Financial Plaza 120 South Sixth Street Minneapolis, MN 55402 (612) 341 -9457 Notary Public Notary Public ay of , 199 before me appeared ersonally known to be the person described in foregoing instrument and acknowledged that he s his free act and deed. On this day of , 199 before me appeared Gloria M. Desch, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the s e as her free act and deed. 6 Notary Public Notary Public • EXHIBIT A - I All cnac oarz of Tract 2 and 4. as desc -toed on Carziftcate or title Number 55. aru ae ! t new cat uoon cne map marxed "E.In t o i c 3" a c cacnea cner e co . as cne same is r _tor :en in cne orrice of cne Registrar or Titles, all cnac oar; or Registered Lana Survey Numoer 28. on file in said offtca or cne Registrar or titles. all tndt dart or vac3cea Nor;;: water Street. ano all chat oarc or Government Loc 2, Section 28. Townsnto 3C Norc.n. Rrnye 20 'west. all in Wasnington County. , Minnesota. oesc -ioed as follows: Commencing at cne norcnwescerly corner of said Registered Lana Survey Numoer 28: cnence Soutn 08 degrees 36 minutes 08 seconds west, assumed bearing. along cne wescer(y line cnereof. 253.10 feet co a Jualctal Landmark located at the ncrtnwe:cerly corner or cne of t:.e soutnerty 7.00 feet of said Registered Land Survey Numoer 2S ana cne ooinc or beginning of cne oarcel being oescrtbed; cnence continuing Soutn 08 degrees 3o minutes 08 seconds west along saia westerly line ann its soutnerty orojection 228.43 feet. more or less. to a Judicial Lenamark on cne northerly line of the oarcel aescribea in Book 81 of Oeeas. Page 21. orrice of the Councy Recorder of said wasningzon County; thence South 73 degrees 16 minutes 37 seconds West along seta nortnerly line 1.90 feet. more or less. co a Judtcial.LenC.-ark on cne easterly line of the oarcel oescrtbed in Book "J" of 8onas. Page 553. in said office of cne Councy Recorder; tnence soutnerty 30.04 feet along said easterly tine on a non- tangenclal curve. concave to cne East, naving a raalus of 499.67 feet, a central angle of 3 aegrees 2E minutes 40 seconas and cne chord of saia curve bears South 13 degrees 49 mtnutes 48 seconds East, to a Junictal Landmark on cne nortnerly line of said Tract 4; thence Soutn 73 a4. re_s 16 mtnutes 37 seconds West along said nortnerly line. noc tangent co sato curve. 0.33 feet, • more or less. to a Judicial Lanamark on cne westerly line of said Tract 4; tnence Soutn 17 ae 46 minutes 51 seconds East along said westerly line 260. feet to a Juaictal Land ark ar cne soutnwesterty corner of saia Tract 4; tnence Nortn 73 degrees 16 minutes 37 seconas East along the southerly line of said Traci 4 ana alon r.ne nortnerly line of ,wutoerry Street 194.13 feet to a Judicial Landmark; tnence nortnerly a atstance of 125 -.55 feet along a non - tangential curve. concave to the East, having a realus of 707.85 feet, a central angle or 10 aegrees 14 minutes 37 seconds ana cne cnora of said curve bears Nortn 17 aegrees 20 mtnutes 09 seconds West. co a Jualciat Lanatnar <; tnence nortnerly 10.64 feet a .curve, concave to the Easc, Raving a callus of 72.58 feet and a central angle of 8 a a e rz s 23 8 mtnutes 54 seconds to a Jualclal Landmark; tnence nortnerly 139.38 feet along a comoouna curve. concave to the East, having a raalus of 506.85 feet and a central angle of 9 degrees 54 minutes 41 seconds to a Judicial Landmark; tnence Norzn 06 aegrees 05 mtnutes 45 seconas East along tangent 107.28 feet to a Jualciat Landmark; cnence nortnerly 1 0.15 feet along a non - tangential curve. concave to cne :est. naving a raalus 3f 2415.56 feet. a cancral angle of 00 degrees 57 mtnutes 08 seconds ana cne cnora of saia curve bears Nort,n 09 aegrees 30 mtnutes 29 seconds west. co a ..ua1ctal Landmark at cite intersection H (tt, an easterly orojeccton or the nortnerly line of said soutnerty 7.00 feet of Registered Land Survey Numoer 28; tnence Nortn 31 aegrees Z3 minutes 52 seconas west, not tangent co said curve. along saia oroje_ted tine and along said nortnerly line 206.99 feet to cne ooinc or oeginninq. Suojec: co easements ana reservactons of recora. • • • • • • • APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. OWNER: STILLWATER, MINNESOTA OWNER'S PROJECT NO. ENGINEER'S PROJECT NO. 92280 .,OCATION: STILLWATER, MINNESOTA ONTRACTORJAY BROS., INC. CONTRACT DATE 2209 PHELPS ROAD CONTRACT AMOUNT $66,572.20 HUGO, MN 55038 CONTR. FOR: STORM SEWER IN THE NORTH 4Th ST. AND WEST WELKIN STREET RAVINE APPLIC.DATE PERIOD END. PAGE 1 OF 3 1 -1/- ?3 /2 - `T2 APPLICATION FOR PAYMENT y-2- 7 y CONTRACT QUANTITY UNIT DESCRIPTION UNTO QUANTITY TO DATE PRICE TOTAL CLEAR TREE EA. 3 100.00 $ $ GRUB TREE EA. 3 100.00 $ $ 0 REMOVE CATCH BASIN EA. 1 150.00 S $ 0 REMOVE 12" C.M.P. LF. 14 5.00 $ $ 49 REMOVE CONC. CURB & GUTTER LF. 12 5.00 $ $ 0 REMOVE CONC. SIDEWALK S.F. 75 2.00 5 $ REMOVE BIT. PAVEMENT S.Y. 7 5.00 S $ 0 RELOCATE STONES LS. 1 2500.00 S $ 0 REMOVE DEAD TREES LS. 1 3000.00 S $ 0 8" D.I.P. CL 52 LF. 65 65.00 S $ 0 24" R.C.P. CL II LF. 116 41.50 $ $ 0 30" R.C.P. CL II LF. 90 53.30 $ $ 0 DU(: I ILE IRON FITTINGS LBS. 46 5.00 S 96 $ 2 3 ?L 0 0 30" R.C. APRON W/ TRASHGUARD EA. 1 1200.00 $ $ 0 30" X 24" R.C. REDUCER EA. 2 500.00 $ a $ /mod' O 36" X 30" R.C. REDUCER EA. 3 750.00 S $ CATCH BASIN DESIGN X LF. 4.0 100.00 S 'I $ 4/00, 00 • MANHOLE DESIGN B LF. 23.8 189.00 S 2 3.5 $ 1 `/ L, .20 CASTING R- 1916 -E EA. 3 500.00 S $ 0 CASTING R- 3250 -1 EA. 1 500.00 S $ 0 RANDOM RIP RAP C.Y. 24.3 65.00 S/Z 3 $ 57 CONC. CURB & GU 1"I HR DES. B618 LF. 12 20.00 $ $ D SHORT ELLIOTT HENDRICKSON INC. APPLICATION FOR PAYMENT - Continued Total Contract Amount $ 66, 572.2 - Total Amount Earned Material Suitably Stored on Site, Not Incorporated into Work Contract Change Order No. / Percent Complete /G Contract Change Order No. / Percent Complete /OD Contract Change Order No. Percent Complete $ 10 95 7o $ _ � $ 2-7 X23 - 00 $ / sog, o $ 33 7 98, 7d $ 7ss, ?7 $3? O'V , 73 AMOUNT DUE THIS APPLICATION $ -1--- 13ai).3 '1 The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay- ments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materi- als and equipment incorporated in aid Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated 1 ` // , 1973. Jay Brothers, Inc. (Contractor) CONTRACTOR'S AFFIDAVIT Date /7/5/9, Page 3 of 3 COUNTY OF ! ) SS S T A T E OF M I ^ AAJJ a Before mq, on this , ) 1 dA �tC J l >‘- 1(.Jv' , that he is the ,n t.V' �e ( By: 7/1,—/<-R_<7,----1 ( fame and tle) GROSS AMOUNT DUE LESS 2 % RETAINAGE AMOUNT DUE TO DATE a' 31 LESS PREVIOUS APPLICATION day of �� n .�,r /! $- , 19 3personally appeared known to me, who bejhg duly sworn, did depose and say p_...4' of the Contractor above mentioned; that he ffice) *AAAAAA ,JAAA executed the above Application for Payment and Affidavit on behalf of said Coot or; �� t Vof^ ^^ ^max ete. "" the statements contained therein are true, correct and comp v (Notary Public) EAU < - ,; NOTARY PUBLIC — MINNESOTA r v RAMSEY COUNTY My Comm. Expires July 22, 1997 My Commission Expires: The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. RT- ELLIOTT ND CK ON, INC. • • • • OWNER: LOCATION: STILLWATER, MINNESOTA CONTRACTOR B & D UNDERGROUND, INC. APPLIC.DATE •IOD END. 1. 2. 3. 4. 5. 6. 7. 8 . • DESCRIPTION CITY OF STILLWATER 1351 CO. RD. 83 MAPLE PLAIN, MN 55359 MOBILIZATION TOPSOIL BORROW (LV) CLEAR AND GRUB SITE GRADING AGGREGATE BASE, CLASS 5 (100% CRUSHED) TYPE 41 WEARING COURSE TYPE 31 BASE COURSE BIT. MATERIAL FOR TACK APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) N0. If CONTRACT DATE CONTR. FOR GREEN TWIG WAY - UTILITY AND STREET CONSTRUCTION APPLICATION FOR PAYMENT C.Y. 313 ACRE 0.8 Q. jj C.Y. 7315 73/S TON 600 P76.65 TON 195 TON 195 /56 GAL. 88 PAGE 1 OF 4 SHORT - ELLIOTT - HENDRICKSON, INC. RECEIVED SHORT ELLIOTT Ii= ' :: 1143, DEC 231992 St PAUL OWNER'S PROJECT NO. 92274 ENGINEER'S PROJECT NO. L.I. 282 CONTRACT AMOUNT 9 9 /k7 00 CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE TOTAL L.S. 1 / 4,000.00 y 000. 0) 8.00 3,000.00 Z, v/OO. w 2.60 I9,O / �!- �fi 8.00 71)/3 30.00 30.00 3.00 - -0 APPLICATION FOR PAYMENT - Continued Total Contract Amount $ 94,948.00 Total Amount Earned $ 85; 7? 4, • ?D • Material Suitably Stored on Site, Not Incorporated into Work $ - Contract Change Order No. 12 ( Percent Complete Orb $ 4 4 2 3 9©0 Contract Change Order No. Percent Complete $ -0 - Contract Change Order No. Percent Complete $ -`O - GROSS AMOUNT DUE $ r9, R 90 LESS V.. % RETAINAGE $ 1. 799. 3 a AMOUNT DUE TO DATE $ F;l tb.8 LESS PREVIOUS APPLICATION $ g /a.3L AMOUNT DUE THIS APPLICATION $ 1 05N , 22 0 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay- ments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materi- als and equipment incorporated In said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated IP B & D UNDERGROUND, INC. (Contractor) By: /// u- L- (Name atSd Title) COUNTY OF H-agiv ) SS STATE OF MN . Before me on this 9/3 7 day of , 19 F2- personally appeared e known to me, who being duly sworn, did depose and say that he is the ma•aw�/.n.oers• of the Contractor above mentioned; that he (( (Office) executed the above Application for Payment and Affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct lete. The undersigned has checked the Contractor's Application o " -- '� tint 0ovi above. A part of this Application is the Contractor's Affidavit stating that all previous paym tim under this Contract have been applied by him to disbharge in full all of his obligations in connection with the work covered by all prior Applications for Pay ent. In accordance with the Contrac , the undersigned approves payment to the Contractor of the Amount My Commission Expires: ---_'! Due. Date 1 h--' f q z Page 4 of 4 HORT -EL OTT HENDRICKSON, INC. By � B J • CONTR. FOR: STILLWATER DOWNTOWN IMPROVEMENT APPLICATION DATE: December 23, 1992 PERIOD ENDED: December 23, 1992 JBC CRY ITEM ITEM NO. NO. DESCRIPTION APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. 14 OWNER: STILLWATER, MINNESOTA OWNER'S PROJECT NO. L.I. 257 LOCATION: STILLWATER, MINNESOTA ENGINEER'S PROJECT NO. 89255.01 CONTRACTOR: JOHNSON BROS. CORPORATION CONTRACT DATE: June 10, 1991 P.O. BOX 1002 LITCHFIELD, MINNESOTA 55355 ORIGINAL CONTRACT AMOUNT: $4,666,178.85 APPLICATION FOR PAYMENT QUANTITY TOTAL QUANTITY TOTAL CONTRACT UNIT LAST LAST THIS THIS QUANTITY TOTAL UNIT QUANTITY PRICE PAYMENT PAYMENT PAYMENT PAYMENT TO -DATE TO -DATE 1 2021.501 Mobilization (5% Max) LS 1.0 $150,000.00 1 $150,000.00 0 $0.00 1 $150,000.00 2 2031.503 Field Office, Type D EA 1.0 7,000.00 1 7,000.00 0 0.00•• 1 7,000.00 3 2101.501 Clearing ACRE 0.5 900.00 0.9 810.00 0 0.00 0.9 810.00 4 2101.506 Gibbing ACRE 0.5 900.00 0.9 810.00 0 0.00 0.9 810.00 5 2104.501 Remove Conc. Curb & Gutter LF 14,935.0 1.00 16093• 16,093.00 0 0.00 16093 16,093.00 6 2104.501 Remove Existing Sewer Pipe LF 1,359.0 2.00 1144 2,288.00 0 0.00 1144 2,288.00 7 2104.505 Remove Conc. Driveway SY 1,299.2 4.00 1236 4,944.00 0 0.00 1236 4,944.00 8 2104.505 Remove Pavement (Conc. or Bit.) SY 22,312.0 4.00 37643 150,572.00 0 0.00 37643 150,572.00 9 2104.505 Remove Concrete Sidewalk SY 12,193.0 4.00 12841 51,364.00 0 0.00 12841 51,364.00 10 2104.507 Remove Misc. Concrete Structu res CY 8.2 50.00 46.9 2,345.00 0 0.00 46.9 2,345.00 11 2104.507 Remove Sidewalk Vauit CY 148.1 20.00 203.7 4,074.00 0 0.00 203.7 4,074.00 12 2104.509 Remove Catch Basins & Manholes EA 73.0 200.00 120 24,000.00 0 0.00 120 24,000.00 13 2104.509 Remove Light Standard Base EA 50.0 200.00 52 10,400.00 0 0.00 52 10,400.00 14 2104.509 Remove Light Standards EA 81.0 150.00 83 12,450.00 0 0.00 83 12,450.00 15 2104.521 Salvage 12' RCP Storm Sewer LF 8.0 60.00 15 900.00 0 0.00 15 900.00 16 2104.523 Salvage Casting EA 1.0 200.00 71 14,200.00 0 0.00 71 14,200.00 17 2104.523 Salvage Gate Valve and Box EA 5.0 200.00 1 200.00 0 0.00 1 200.00 18 2104.523 Salvage Hydrants EA 9.0 400.00 19 7,600.00 0 0.00 19 7,600.00 19 2104.523 Salvage 8'x8' Tapping Sleeve EA 1.0 1,000.00 0 0.00 0 0.00 0 0.00 20 2104.525 Abandon Water Service EA 30.0 150.00 30 4,500.00 0 0.00 30 4,500.00 J 0 • • . JBC CITY • QUANTITY TOTAL QUANTITY TOTAL • ITEM ITElt CONTRACT UNIT LAST LAST THIS THIS QUANTITY TOTAL NO. NO. DESCRIPTION UNIT QUANTITY PRICE PAYMENT PAYMENT PAYMENT PAYMENT TO -DATE TO -DATE Total Original Contract Amount, Change Orders and Supplemental Agreements $ 5,277,845.72, �ltil' 5 i ed'I Co,S L5 0 GROSS AMOUNT DUE $ 5,605,243.96 114,369.71 $ - 577197642,67- � 113`f3D $ 280,262.20 (165,869.93) - 4147392.27 /p 5 ScO 2,5r6: lei CON' Theu contr Appli free e DATE COUNTY OF STATE OF � Gi mil' Ed2A. -A-ed 4 6 (J/'33a,/_aa3 yg8 , y5�(J.) Via( -gi S S 553 44'? , 9G /merits received from the Owner on account of work performed under the f the undersigned incurred in connection with work covered by prior Project or otherwise listed in or covered by this Application for Payment are / ) 0 15" , "/ ORATION )R) BY: /L/ �'c r�� vi� �GL te;( -- (NAME AND TITLE) � h 1 `y7 . / i / Before me on this / 3 day of J tinny ,•1992, personally appeared S /' eV e ./ drec,h , known to me, who being lily sworn, did depose and say that he is the Pr-o; 8r 4 '/ 1u/n lye,- of the Contractor above mentioned; that he executed the above Application and Affidavit on behalf of said Contractor, and all of the sta(gpgrJ.jgcgppai ,i.3t131AI4 -.+3r ,t p9ect and complete. ! r MARK A. FISHER W Commission Expires: 11:3T,-.;-: N;, -a : PUBLIC — r I.>TA Gl���( `' ._/ \O� .: is „; y > (Notary Public) $ (5,321,656.87) - -( 89 )x' -3,32 'LICATION $ (0.00) $283,564.53 h accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. Date: SHORT ELLIOTT HENDRICKSON, INC. BY $ 5,324,981.76 280,239.64 5,, ` M -r w. -r te $ The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that ell previous payments to him under this Contracthave been applied by him to discharge in full all of his obligations h connection with the work covered by all prior Applications for Payment. $ (5,321,656.87) 0.00 $ 283,564.53 „f z : r / • • . : AN/DOT T P- 02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT NO. 14 • Contractor Johnson Bros. Corporation Address Pro. No. Purchase Terms 000NET TYPE OF 1) • .y Dated P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. Funding Source: APPROVED: Commissioner of Administration Account 1.D. Asset No. TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated This contract is amended as follows: Original to State Auditor - Copy to Agency C.CD.1 Dept./Div. A40 ( ) A41 ( ) Dated L.I. 257 S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169-106-04 S.A.P. 169 - 104 -06 APPROVED: Commissioner of Finance By Dated Federal Project: Location: Stillwater, MN 1 Sequence No. Suffix 01 C.CD.2 C.CD.3 Object Number Number Supp. to Contract No. 1 8 Sheet of State Project No: S.P. 8214 -106 S.A.P. 169 -106 -04 S.A.P. 169-104-06 Vendor C.CD.4 Type V Entered by Entered by S.P. 8210 -88 Amount C.CD.5 WHEREAS; during removal of sidewalk adjacent to buildings, it was discovered that many building facades were constructed on the sidewalk, WHEREAS; in order to eliminate damage to building facades, it was decided to sawcut the existing sidewalk 1' from the face of buildings, THEREFORE; it is agreed that the Contractor shall perform the work on a linear foot price; said compensation will be payment in full for all necessary materials, labor and equipment. 6813 L.F. at $2.65 S.F. = $18,064.45 - 4538' @ 2.65 = $12,025.70 - 260' @ 2.65 = $689.00 -710' @ 2.65 = $1,881.50 - 615' @ 2.65 = $1,629.75 - 690' @ 2.65 = 1,828.50 Original Contract Approved as to form and execution Assistant Attorney General Dated Dated Dated Dated Dated r--13 —R3 roject Engineer Contractor District Engineer Agency Head iv{N/DOT TP- 02134-03 (5/88) Supp. to Contract No. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Contractor Johnson Bros. Corporation Address Location: P.O. Box 1002 Litchfield, MN 55355 -1002 Stillwater, MN Pro. No. Purchase Terms 000NET TYPE OF TRANSACTION: APPROVED: Commissioner of Administration By Dated F.Y. Account I.D. Asset No. Dated Jriainal to State Auditor - Coov to Aaencv SUPPLEMENTAL AGREEMENT NO, 14 C.CD.1 Dept./Div. APPROVED: Commissioner of Finance Federal Project: Sequence No. C.CD.2 A40 ( ) A41 ( ) Dated A44 ( ) A45 ( ) A46 ( ) Dated Suffix 01 This contract is amended as follows: 2) WHEREAS; during construction of 6" watermain station 16 +60 Myrtle Street, the Contractor had to spend time investigating for existing water service, WHEREAS; the Contractor did exilorative excavation, installed a 6" G.V. and reconnected existing services to new 6" W.M., THEREFORE; it is agreed that the lump sum amount of $1,442.65 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Funding Source: 100% City 3) WHEREAS; during removal of awning west side of Main Street between Myrtle and Chestnut, it was discovered that the air conditioning units drained onto the awning. WHEREAS: drain piping had to be installed along the face of the building and through the sidewalk and connected to the storm sewer, - THEREFORE; the lump sum amount of $389.00 shall apply and be payment in full for all necessary materials, labor, and equipment to perform this task. Funding Source: 100% City Original Contract Object C.CD.3 Number Number By Approved as to form and execution Vendor C.CD.4 Dated Dated Assistant Attorney General Dated 2 8 Sheet of State Project No: S.P. 8214 -106 S.A.P. 169 -106 -04 S.A.P. 169-104-06 Entered by Entered by Dated Dated l /jam 1-0-45 Type I Amount V S.P. 8210 -88 C.CD.5 • • ` Engineer Contractor District Engineer Agency Head . MN/DOT TP- 02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION • Contractor Johnson Bros. Corporation Address Pro. No. Purchase Terms 000NET Y APPROVED: Commissioner of Administration P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. I Account I.D. Asset No. Dated Dated Original to State Auditor - Copy to Agency SUPPLEMENTAL AGREEMENT NO. 14 C.CD.1 Dept./Div. APPROVED: Commissioner of Finance Federal Project: Location: Stillwater, MN Sequence No. C.CD.2 TYPE OF A40 ( ) A41 ( ) Dated Suffix 01 C.CD.3 Supp. to Contract No. Object I Vendor Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by WHEREAS; the door had to be adjusted to match the elevation of the new sidewalk, 3 8 Sheet of State Project No: S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169 -106 -04 S.A.P. 169 -104 -06 C.CD.4 1TypelAmount V C.CD.5 This contract is amended as follows: 4) WHEREAS; during construction of the elevated sidewalk on Water Street, the back door to parcel #10692 -2750 was found to be at a lower elevation than the other doors in the immediate area. • THEREFORE; the lump sum amount of $414.75 shall apply and be payment in full for all necessary materials, labor, and equipment to perform this task. Funding Source: 100% City 5) WHEREAS; during construction of Water Street, the curb at Station 5 + 00 20' Rt. could not be lowered to match existing paverbrick sidewalk that had settled, WHEREAS; the paverbricks had to be removed and replaced to match the newly constructed curb, THEREFORE; the lump sum price of $483.00 shall apply and be payment in full for all necessary materials, labor and equipment to perform this task. Funding Source: 100% City Original Contract By Approved as to form and execution Dated Dated / c Dated Dated Assistant Attorney General Dated sneer &t (, (ih /. Contractor District Engineer Agency Head . MN/DOT TP- 02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Contractor Johnson Bros. Corporation Address Pro. No. Purchase Terms 000N ET P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. I Account I.D. Asset No. TYPE OF A40 TRANSACTION: A44 ( ) ( ) SUPPLEMENTAL AGREEMENT NO, 14 Federal Project: Location: Stillwater, MN DEipt./Div. I Sequence No. C.CD.1 C.CD.2 A41 ( ) A45 ( ) A46 ( ) Dated This contract is amended as follows: 6) WHEREAS; during construction of the elevated sidewalk on Water Street, it was determined that vehicles were bumping into the face of the elevated walk at Station 3 + 30 and at Station 4 + 00 for a total of 50'. WHEREAS; the installation of a THEREFORE; it is agreed that the lump sum amount of $551.25 shall apply and be payment in full for all necessary materials, labor, and equipment to complete this task. Funding Source: 100% City 7.) WHEREAS; during construction of the elevated sidewalk on Water Street, a box out had to be provided for a beverage access door to parcel #1)692 -2800 on the top of the walk, WHEREAS; an access door had to be provided in the walkway itself, THEREFORE; it is agreed that the lump sum amount of $156.45 shall apply and be payment in full for all necessary materials, labor, and equipment to complete this task. Funding Source: Original to State Auditor - Copy to Agency 100 %' City APPROVED: APPROVED: Commissioner of Commissioner of Administration Finance Dated 1 Suffix l Object 01 C.CD.3 Original Contract Supp. to Contract No. Vendor (Type V C.CD.4 Number Entered by Number Entered by State Project No: S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169 -106 -04 S.A.P. 169 -104-06 ood bumper extension is required to protect this face of the wall, Dated 4 8 Sheet of Amount C.CD.5 ayor Dated , // % 3 �� .1` 6" zl' / Project Engineer By By Approved as to form j f }'f: " '" ' ' �t -1 Dated and execution Contractor Dated Dated Dated Assistant Attorney General Dated • District Engineer I Agency Head • r0. ./DOT TP- 02134 -03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION • Contractor Johnson Bros. Corporation Address Pro. No. Purchase Terms 000NET TYPE OF . y P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. APPROVED: Commissioner of Administration Account I.D. I Dept./Div. Asset No. Funding Source: 100% City Dated Dated Original to State Auditor - Copy to Agency SUPPLEMENTAL AGREEMENT NO, 14 C.CD.1 APPROVED: Commissioner of Finance Federal Project: Location: Stillwater, MN Sequence No. I Suffix 01 C.CD.2 C.CD.3 Object A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: , A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by Original Contract By Approved as to form and execution Supp. to Contract No. Vendor (Type V C.CD.4 Dated " " { Dated Assistant Attorney General Dated 5 8 Sheet of State Project No: S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169 -106 -04 S.A.P. 169 -104-06 Dated Dated I MP3 Funding Source: 100% City 9.) WHEREAS; the location of some traffic and street name signs fell within sidewalk ped ramps, WHEREAS; the sidewalk had to be core drilled to provide of the installation of sign posts, Amount This contract is amended as follows: 8.) WHEREAS; during construction of the Street Lighting System, a car hit and damaged the light pole at Station 13 +00 Main Street, WHEREAS; the light pole had to be repaired, • THEREFORE; the lump sum amount of $47.37 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. THEREFORE; it is agreed that the Contractor shall perform the work at the unit price of $40.00 /core drill, said compensation will be payment in full for all necessary materials, labor and equipment, 25 @ $40.00 = $1,000. C.CD.5 yo Project Engineer Contractor District Engineer Agency Head I Contractor Federal Project: Johnson Bros. Corporation Address Location: P.O. Box 1002 Litchfield, MN 55355 -1002 Stillwater, MN MN/DOT TP- 02134 -03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Pro. No. I F.Y. I Account I.D. I Dept./Div. Purchase Terms Asset No. C.CD.1 000NET I I TYPE OF A40 ( ) A41 ( ) APPROVED: APPROVED: Commissioner of Commissioner of Administration Finance By Dated Dated Original to State Auditor - Copy to Agency SUPPLEMENTAL AGREEMENT NO, 14 Dated Original Contract B Approved as to form and execution Number Entered by Assistant Attorney General Supp. to Contract No. 6 8 Sheet of State Project No: S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169-106-04 S.A.P. 169 -104 -06 Sequence No. I Suffix Object Vendor 1TypelAmount I 01 I I V I I C.CD.2 C.CD.3 C.CD.4 I C.CD.5 TRANSACTION: A44 ( ) A45 ( ! ) A46 ( ) Dated . Number Entered by This contract is amended as follows: 10.) WHEREAS; during construction of North Main Street, SP. #8210 -88, it was discovered that a portion of the limestone storm tunnel had collap ;ed between MH #128 & C.B. #641, WHEREAS; the line had to be televised to determine the damage and then repaired, THEREFORE; it is agreed the lump sum amount of $11,859.00 shall apply and be payment in full for all necessary materials, labor and equipment to perform this task. Funding Source: 100% S.P. 8210 -88 11.) WHEREAS; during construction of So. 2nd Street and Nelson Street at Nelson Street, a heavy rain washed out the storm sewer, WHEREAS; holes were found in the M.H.'s and pipe up stream from this area, on 2nd Street, THEREFORE; it is agreed the lump sum amount of $1,906.07 shall apply and be payment in full for all necessary materials, labor and equipment to perform this task. Funding Source: 100% City Dated Dated Dated Dated Dated 6 - r - •f; yor District Engineer Agency Head • • Project Engineer Contractor MN/DO.T TP- 02134 -03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION • Contractor Johnson Bros. Corporation Address Pro. No. sy Purchase Terms 000NET P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. Account I.D. Asset No. SUPPLEMENTAL AGREEMENT NO. 14 C.CD.1 Federal Project: Location: Stillwater, MN Dept./Div. I Sequence No. C.CD.2 TYPE OF A40 ( ) A41 ( ) Dated TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated 1Suffix 01 C.CD.3 Number Number Supp. to Contract No. Object Vendor This contract is amended as follows: 12.) WHEREAS; during construction, rain washed the slope above the retaining wall on two different occasions at Station 39 + 20 Lt. and Station 40 + 00 Lt., TH 95 = 95; WHEREAS; the damaged erosion mat had to be removed and replaced, topsoil replaced and reseeded, • THEREFORE; the lump sum amount of $4,778.21 shall apply and be payment in full for all necessary materials, labor and equipment to perform this task. Funding Source: 100% S.P. 8210 -88 13.) WHEREAS; during construction it was determined that a more effective way of sealing out spring water behind the retaining wall between Station 38 + 94 Lt. and Station 42 + 21 Lt., TH 95 = 95 was required. WHEREAS; the miridrain 5000 had to be cut, overlapped and fastened together, 7 8 Sheet of State Project No: S.P. 8214-106 S.P. 8210 -88 S.A.P. 169-106-04 S.A.P. 169 -104 -06 C.CD.4 1Type V Entered by Entered by Amount C.CD.5 THEREFORE; it is agreed that the lump sum amount of $1,580.25 shall apply and be payment in full for all necessary materials, labor and equipment to perform this task. Funding Source: 100% S.P. 8210 -88 APPROVED: APPROVED: Commissioner of Commissioner of Administration Finance Dated Dated Original to State Auditor - Copy to Agency Original Contract By Approved as to form and execution Assistant Attorney General Dated Dated 0445- Dated t � ' k 3 Dated Dated or „„ 6 Project ngineer rWt Contractor District Engineer Agency Head - MN/DOT TP- 02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Contractor Johnson Bros. Corporation Address Pro. No. Purchase Terms 000NET TYPE OF TRANSACTION: P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. I Account I.D. Asset No. SUPPLEMENTAL AGREEMENT NO. 14 C.CD.1 Federal Project: Location: Stillwater, MN Deot./Div. I Sequence No. C.CD.2 A40 ( ) A41 ( ) Dated A44 ( ) A45 ( ) A46 ( ) Dated Suffix Object 01 C.CD.3 This contract is amended as follows: 14.) WHEREAS; during the tuckpointing of the reconstruction of the retaining wall, spring water developed at the base from Station 41 + 20 - 42 + 2D Lt. TH 95 = 95; WHEREAS; a drain tile system hid to be installed in bedrock, by hand, Funding Source: WHEREAS; MT 100 geogrid was added to the topsoil for this purpose; Funding Source: APPROVED: APPROVED: Commissioner of Commissioner of Administration Finance By By Dated Dated 100% S.P. 8210 -88 S.P. 100% 8210 -88 Original Contract Supp. to Contract No. • Vendor 1TypelAmount V C.CD.4 Number Entered by Number Entered by THEREFORE; it is agreed that the lump sum amount of $3,459.75 shall apply and be payment in full for all necessary labor, materials, and equipment to perform this task. 15.) WHEREAS; during construction of the retaining wall station 38 + 94 Lt. to 42 + 21 Lt., TH 95 = 95, it was determined that the backfilled slope above the wall needed further stabilization, THEREFORE; the lump sum amount of $1,317.65 shall apply and be payment in full for all necessary materials, labor and equipment to erform this task. Dated Dated Approved as to form Dated and execution Dated Assistant Attorney General Dated 8 8 Sheet of State Project No: S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169-106-04 S.A.P. 169 -104-06 C.CD.5 Contractor District Engineer Agency Head • 1 1 ty /r 4/7 ' Project Engineer lo • MN/DOT TP- 02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 411 1 1 Sheet of Contractor Johnson Bros. Corporation Address Pro. No. Purchase Terms 000NET This contract is amended as follows: e y P.O. Box 1002 Litchfield, MN 55355 -1002 F.Y. I Account I.D. I Dept./Div. Asset No. Funding Source: 100% City APPROVED: APPROVED: Commissioner of Commissioner of Administration Finance By Dated Dated Original to State Auditor - Copy to Agency SUPPLEMENTAL AGREEMENT NO. 16 C.CD.1 Federal Project: Location: Stillwater, MN Sequence No. C.CD.2 TYPE OF A40 ( ) A41 ( ) Dated TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Suffix Object 01 C.CD.3 Number Original Contract Number Supp. to Contract No. State Project No: S.P. 8214 -106 S.P. 8210 -88 S.A.P. 169 -106 -04 S.A.P. 169 -104-06 Vendor 1TypelAmount V C.CD.4 Entered by Entered by 1) WHEREAS; certain pipe and appurtenances materials identified in the plans and specifications were not needed during construction, • WHEREAS; this led to a number of these items not used subject to restocking and shipping charges, THEREFORE; the lump sum amount of $5,221.21 shall apply and be payment in full for all necessary materials, labor and equipment to complete this task. Dated Dated Assistant Attorney General Dated C.CD.5 Dated �/I 2 ��u � '- Project Engineer Approved as to form Dated I- s -1 `, Vg.. ,.'F 1 i4` /.- and execution Contractor District Engineer Agency Head January' 1993 11 Contractor's Licenses • • APPLICATIONS C & N Sewer & Water, Inc. Excavators Renewal 19880 Quinnell Ave. Scandia, Mn. 55073 Cigarette License River Oasis Cafe Renewal 806 So. Main St. Application for Gambling License Climb, Inc. Harbor Bar New 517 No. Owens St. • LG202 (7/10/91) 1 1 0 4 6 4fL ST tic. ocveti Name of Organization Leasing the Premises (lessee) CZ . 1 7 . 7 �3 � ........... GdmbIing'Activty Rent Information (See Rules 7860.0090, Subp 3) Class A and C premises permits: Rent for bingo and all other gambling activities conducted during that bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 for up to 12,000 square feet; and $400 for more than 12,000 square feet. • 1 Rent to be paid oer bingo occasion $ 1 1 raffles (a.m. /p.m.) to (a.m. /p.m.) to (a.m. /p.m.) to (a.m. /p.m.) to (a.m. /p.m.) to (a.m. /p.m.) to (a.m. /p.m.) to 1 Minnesota Lawful Gambling Lease Agreement • PrerniSeas Inforrrmation Name and Address of Lessor Address City/Zip Code Phone tt 6414 o h �L ^'ic S/ &2o. ss- ° 8? F� /Z 7 U GU c �✓ �S' /! /� w a. YYi. ru • ( ) x,30 ;3 22.5/ City/Zip Code Phone J e-rr.t . e 6(.0 , m 6a/3 � Sr- • S - cR0/1._ r A� ' L 577W a ro, tn. fy Y30 -d9Qa- Lcii /II - m - 13c4 - K/e T1 /6 //0` /0 ` A.)0_ s77/1, m► .� sso "z(6/z) z,/39 -SS6Y Name and Address of Leased Premises Address . ... City/Zip Code game of Legal Owner of Gambling Premises Ad ess O bingo E — u pull - tabs The lawful gambling activity which the organization will conduct is (check all that apply): paddlewheels ST // t- re /Z. in ^> SS 8 �-- License Number, if known /3 o c;-c) 0 a-- I I Class B and D premises permits: Rent for gambling activities not including bingo is a maximum of $1000 per month. 1 Rent to be oaid oer month Rent may not be based on a percentage of receipts, profits from lawful gambling, or on the number of participants attending a bingo occasion. An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Pr emises: Description The area(s) leased within the premises are feet by feet by feet by feet, fora total of feet, for a total of feet, for a total of Combined total ;�KetC Attach a sketch which shows the location and dimensions of the leased areas. E ective Dates :: "'" The lease will do into effect at 12:01 a.m. on / 19 q) , fora period of at least one year. Times and Da s o Bin o Activi If none, Indicate N/A The bingo occasions will be held (a maximum of 7 bingo occasions poi• organization): from (hours) from (hours) from (hours) from (hours) from (hours) from (hours) from (hours) 19 9:3 . and will end at 12:00 a.m. on A•/ (a.m. /p.m.) on (days of week) (a.m. /p.m.) on (days of week) (a.m. /p.m.) on (days of week) (a.m. /p.m.) on (days of week) (a.m. /p.m.) on (days of week) (a.m. /p.m.) on (days of week) (a.m. /p.m.) on (days of week) tipboards 6y i square feet. square feet. square feet. square feet By agreeing to the terms of this lease, it is mutually agreed that: • When leasing from a licensed bingo hall, the lessor must be legal owner of the property. • The owner of the property or the lessor may not manage gambling at the premises. • The lessor of the premises, his or her immediate family, and any agents or employees of the lessee may not participate as players in the conduct of lawful gambling on the leased premises. • The lessor and the lessee do not have a direct or indirect financial interest in the distribution or manufacture of gambling equipment. • The lessor of the premises will allow the Board or agents of the Board, the Commissioner of Public Safety or agents of the commissioner, or the Commissioner of Revenue or agents of the commissioner, and law enforcement personnel to inspect the premises at any reasonable time, and permit the organization to conduct lawful gambling at the premises according to the terms of this lease. The lessor may not impose any conditions on the organization regarding distributors of gambling equipment, services, or the use of profits. • The organization must obtain an organization license, gambling manager license and a premises permit from the Gambling Control Board. The organization will be responsible for complying with the laws and rules of lawful gambling. • The organization must have, at the gambling premises, a current inventory of gambling equipment, a sketch with dimensions of the premises available for review, and a clear physical separation or divider between the lessee's gambling equipment and the lessor's business equipment. • The organization will be responsible for ensuring that the lessor's business activities are not conducted on the leased premises. • The lease shall be terminated imMediately for any gambling, liquor, prostitution or tax evasion violations occurring on the premises. • The lessor of the premises shall provide the lessee access to the licensed premises during any time reasonable and necessary to conduct lawful g mbling on the premises and as agreed upon in this lease. • (Write in any other conditions or re trictions that will be included as part of the lease. Attach additional sheets if necessary) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this leasa. Any changes in this lease must be submitted tc the Gambling Control Board within 10 days of the change. 1 1 ___ Sigjjtature of Lessor 1 Date Signature o • • " tio� ,efil cial lessee) pa it --�- i_ , z - g C C / / l Title L ` / G : Title Gambling Control Board Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville, Minnesota 55113 A coov of this lease and sketch with dimensions must be submitted with the premises permit application renewal or when changes in the lease occur to: (7/10/91) • • • yxa te of Minnesota SECRETARY OF STATE CERTIFICATE OF ACHIEVEMENT I, Joan Anderson Growe, Secretary of State of Minnesota, do hereby certify and officially recognize that the CITY OF STILLWATER had a voter turnout which exceeded 70% at the state general election held on November 3, 1992. Witness my hand and the Great Seal of the State of Minnesota at the Capitol in Saint Paul this first day of December, 1992 4 ,147) A/1 Seeetary of State ��'S 5� P� i � � '� ♦ � 5 ' lC fi i S r ° ` ✓� • / x,. 61 {7 Ik "(1 -wYpp '�'SI , Y k IYIi I` Iti 1 "Y 111_J i 1111 L tYi.k �?I�Y 11 1,1.`1111 ... 01 ( Y, .�t1;11 . 111 (I _. f1Y411.. I� _. 1 i }7 µ I .i ( ' I . . Y '4,: )i_. 11�i.tihfi ?II .111 Sllilllll ; i111 111. • ), a s -('- Si • • • MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 13, 1993 SUBJECT: EVALUATION OF CITY POLICY REGARDING CITY OPERATED FACILITY OR CITY PROVIDED SERVICES. The Planning Commission considered the attached policy at their meeting of January 11 and recommended it be considered by the City Council. NOTE: This policy suggestion came up partly as a result of City consideration of the West Junior High Building as a community facility and impact on other private recreation business in town. 12 -14 -92 Planning Policy Statement: Evaluating New City Operated Facilities or Services The city will develop facilities or services only where both a compelling demand is documented and where one or fewer commercial providers of similar facilities or services exist within the city. Demand for a facility or service shall be determined by a recognized independent professional agency and the results of the survey presented to appropriate City Commissions. The purpose of this policy is to document the demand for a potential service or facility prior to the City entering contractual agreements relating to either a facility or service and to protect the commercial interest of existing businesses which contribute to the city tax base. • • fe • • 1' MEETING REMINDER TO: Mayor and City Council FR: Ann Pung - Terwedo, Planner DA: January 14, 1993 RE: PERRO CREEK /POND IMPROVEMENT PROJECT WORKSHOP ON JANUARY 27, 1993 Background: The attached executive summary gives an overview of the Middle St. Croix WMO Watershed Management Plan. This plan has been adopted by the City of Stillwater as an amendment to the Comprehensive Plan. An existing problem identified in the Middle St. Croix River WMO plan is the extensive flooding of Perro Creek in the City of Bayport and the problem of pumping Perro Pond. The high water levels and flooding is caused by water runoff from the cities of Oak Park Heights, Stillwater, Bayport and Baytown Township. An increase in urban development over the years has caused additional problems in this area. A sub - watershed has been organized by the above named communities to deal with this problem. Workshop on Wednesday, January 27, 1993, at 7 p.m. at Stillwater City Hall The workshop on January 27 is planned to review the existing problem with the communities in this sub - watershed. A scoping study was prepared this past fall in order to provide a basis for future studies. The costs will be reviewed at meeting time. The City of Stillwater has 66 acres in the sub- watershed or approximately 6 percent of the total land area which contributes to Perro Pond. This percentage will probably decrease with the Highway 36 bridge improvements. If you have any questions prior to the meeting on January 27, 1993, please do not hesitate to ask. Thank you. • • • MIDDLE ST. CROIX WMO WATERSHED MANAGEMENT PLAN EXECUTIVE SUMMARY i The Middle St. Croix Watershed Management Organization (MSCWMO) was formed by a joint powers agreement between the cities of Afton, Bayport, Lakeland, Lakeland Shores, Oak Park Heights, St. Croix Beach, St. Mary's Point, Stillwater, and the Towns of Baytown, Stillwater, and West Lakeland to fulfill the watershed planning and management responsibilities of Minnesota Statutes 1982, Chapter 509, The Metropolitan Surface Water Management Act. The Middle St. Croix watershed is located in the east central part of Washington County along the St. Croix River. It encompasses approximately 19.4 square miles. The purpose of this plan is to provide a local mechanism to reduce public capital expenditures necessary to control excessive volumes and rates of runoff, prevent flooding and erosion, promote groundwater recharge, and secure other benefits associated with proper management of surface water. To fulfill this purpose the Middle St. Croix Watershed Management Plan: inventories watershed resources; describes existing and potential problems; defines goals, objectives, and policies; prescribes a management plan; and establishes an implementation program. ii The individual rolls of communities in local surface water management will be to prepare and adopt local surface water plans, amend local planning and zoning authorities, and establish controls to insure implementation of this plan. WATERSHED INVENTORIES Watershed resource that were inventoried by the MSCWMO include: A. Geology B. Groundwater C. Soils D. Land Use E. Metropolitan Systems F. Hydrologic System EXISTING AND POTENTIAL PROBLEMS The MSCWMO gatheregt information related to the existing and potential problems in the watershed. The main problems identified by the MSCWMO are summarized beigw. A. Flooding 5 ' Flooding along the St. Croix River and along Perro Creek in the City of Bayport are main concerns that should be addressed. B. Erosion and Sedimentation A Critical Erosion Map was prepared identifying areas of the watershed where the highest potential for erosion exist. Based on that map it is evident that a large portion of the watershed can potentially. produce serious resource problems from erosion and sedimentation. A major problem tha: is identified is the gully erosion along the tributary watersheds adjacent to the St. Croix River. • • • iii C. Surface Water Quality Sediment is the largest pollutant by weight identified as a problem in the watershed. Sediment has a direct impact of making streams and lakes cloudy, channel and lake bottoms shallow, bottom dwelling organisms are buried, fish respiratory functions are hindered and drainage systems are filled. Nutrients were identified as the most damaging pollutants. Nutrients are essential to the life functions of aquatic organisms such as lake plants. Too many nutrients upset the balance in the aquatic system causing undesirable lake weed growth, algae blooms, decreased oxygen levels, odors and sometimes fish kills. As rainfall and snowmelt run off the land, it carries these nutrients in what is called non -point source pollution. Non -point source pollution from urban or urbanizing areas is highly concentrated. Factors contributing to urban non -point source pollution include pollutants from automobiles, litter, and lawn chemicals. Non -point source pollution from agricultural areas is wide spread, less concentrated, but significant in accumulation. Lily and McKusick Lakes in the City of Stillwater are experiencing water quality problems associated with non -point source pollution. • These need to be addressed at the local level. The St. Croix River is the MSCWMO's highest priority water resource whose quality must be maintained. Protection efforts realistically need to be implemented at the state or regional level. D. Recreation and Fish and Wildlife iv • Increasing water surface recreational use of the St. Croix River is the only problem that has been identified by the MSCWMO. This problem should be studied at the regional level to adequately plan for future use that takes all interests into account. E. Groundwater The main problem facing the Middle St. Croix Watershed relating to groundwater contamination problems are the Baytown Well Advisory Area and the Lakeland /Lakeland Shores Well Advisory Area. Both these contamination areas or plumes are the result of volatile organic chemical (VOC) contamination. These problems are currently beini, monitored and addressed by various state and county agencies. Nitrate contamination of surficial aquifers by high density private septic systems in the cities of Lakeland, Lakeland Shores, St. Mary's Point, and St. Croix Beach are also a problem that needs to be addressed by these communities. The MSCWMO feels that improved waste disposal systems will eventually need to be installed to adequately address the problem. GOALS, OBJECTIVES 1 AND POLICIES In order to address the problems identified by the MSCWMO, policies and objectives for the management of the resources within the Middle St. Croix watershed were developed. The general purpo::e of the MSCWMO is to establish an overall watershec, inventory, thus p- oviding the framework in which local municipalitie • v provide the conditions that are being sought through the water management planning process. The policies will provide the framework in which local communities will prepare or update their local water management plans. The six policy areas are summarized below. A. Water Quantity Management - Perennial and intermittent streams, including their contributing watersheds, that cross boundaries of two or more communities; and all lakes, ponds and wetlands that affect two or more communities and are located on DNR's Protected Waters and Wetlands Map or the MSCWMO Water Resources Inventory Map are classified as waters of District Importance by the MSCWMO. Projects that affect these waters will be reviewed by the MSCWMO. - Excessive flow and flooding is the responsibility of each unit of government to correct. - All hydrologic studies shall analyze the 100 -year frequency event, with the critical duration defined as that event causing either the highest water surface elevation or the largest peak discharge in an area or both. Any study must consider using consistent methods for the pre - development and post - development land -use conditions. - Newly developed ares that drain to the St. Croix River will be limited to the pre - development or existing rate of runoff or to a rate within the capacity of downstream conveyance systems. - Where natural outlets do not exist, there will be no increase in the volume or rate of runoff from newly developed areas. - Wetlands cannot be filled without equal replacement. - Storm sewers and culverts shall be designed for the 10 year frequency storm event, with overflow paths and ponds being designed for the critical duration 100 -year frequency storm event. B. Water Quality - The MSCWMO will seek to correct water quality problems through the application of Bes Management Practices. - The MSCWMO will encourage the use of wetlands in the watershed for beneficial purposes including the treatment of runoff to reduce water quality impacts to area lakes and streams. - Local communities will adopt an on -site sewage system ordinance at least as stringent as the Washington County Regulation. C. Flooding, Ero §ion and Sedimentation - Local communitie$ will adopt a floodplain regulation consistent with the Washington County Regulation. For new devel vi pments located adjacent to any waters as identified in the MSCWMO Water Resources Inventory, the developer is required to determine the 100 -year flood elevations for those waters. Each unit of government -shall adopt a soil erosion control regulation for construction sites and agricultural land. - Local communities will adopt shoreland and or bluffland regulations at least as stringent as Washington County regulations. P,, Groundwater - New developments will be reviewed for their potential impacts on groundwater resources. • • • vii E. Recreation and Fish and Wildlife - Wetlands will be afforded maximum protection. - The MSCWMO will seek to improve fish and wildlife areas, recreation and open space facilities by applying a multi -use approach to managing water resources, and by working cooperatively with the Minnesota Department of Natural Resources. F. Local Water Management - Local units of government will be responsible for administering the appropriate regulations as outlined in the MSCWMO water management plan. - The MSCWMO will act as a resource to local units of government, be responsible for inter - community activities, and will comment on local actions consistent with rules and MSCWMO policies. MANAGEMENT AND IMPLEMENTATION The implementation of the Watershed Plan has been assigned to the local units of government. The role of the MSCWMO and the local units of government were established with the philosophy that existing local units of government would be the primary regulator of activities of concern, but where issues affected more than one unit of government the MSCWMO maintains a coordinative and dispute resolution role. In order to establish the areas where watershed wide issues need MSCWMO involvement, the waters were divided into three categories: waters of regional importance, district importance, and local importance. This division allows a logical method of assigning the planning and management responsibilities. Waters of regional importance include only the St. Croix River. Waters of district importance include perennial and intermittent streams that cross MSCWMO, and all lakes, ponds, and wetlands identified on DNR's Protected Waters Map or the MSCWMO's Water Resources Inventory that affect two or more communities. Waters of local importance include all other water resources that are located entirely within one community. Based upon the MSCWMO objectives and policies each local unit of government will be viii boundaries of two or more communities within the required to prepare and adopt a local surface wate411 management plan, or adopt the MSCWMO plan as its own. The local unit of government is responsible to regulate the activities in the watershed in accordance with Ohiect.ive F, rood,? Wa.tev Management. The basis of the 1 cal surface water management plans will be land use regulations. The and use regulations that are required include: - Bluffland and /or Shoreland Management Regulation - Floodplain Management Regulation - Restrictive Soils Regulation - Wetland Protection Regulation - Soil Erosion Regulation - Stormwater Management Policy - On -Site Sew .ge System Regulation - Forest Prot Ordinance To achieve and maintain compliance with the water management systee and land use controls the local units of government will refer projects to the MSCWMO for investigation, comments, and recommendations rfigarding the proposed activity. The MSCWMO will • • ix review the performance of the local units of government, monitor the status of the local plan, current water problems, and the need for local plan amendments. On a watershed basis, except for flooding, no serious water problems currently stand out. The additional inventories and data collection spelled out in Section V. part D. Moni Qring and Data Collection, may conclude that an improvement project is needed for Perro Creek. The MSCWMO feels that the strongest need for potential improvements or maintenance programs is in the area of water quality protection. The MSCWMO's adopted policies will directly or indirectly enhance water quality. Erosion and sediment control should be considered a top priority in each local plan. The MSCWMO plans on carrying out a public information and education program to help insure success of their water management plan. Through the joint powers agreement the MSCWMO annually prepares a budget for the operation of their activities. In turn the local units of government assess on a watershed wide basis these costs to the property owners in the watershed. Statement of Clam and Summons State of hiinriesota COUNTY OF WASHINGTON NAME ANC/ADDRESS .DVA NE SEA W I ST PLAINTIFF 111 c i h Z7 .DUgU avg ST; S TILLW4 1 R,MInh', 31 ItOT wRRE Low TINS LINE NUT AMY STAMP UN t:LkHK'S SEAL Data: 1/4/93 Jue Maas PLAINTIFF d NOTICES MAILED MIME AND ADDRESS Conciliation Court NO. /-q13 I � v$. vs. NAME AND ADDRESS NM.E AND ADORESS CITY c..S T L L WA r �R , M /A/A/, EFENDANT �''� S1 2,/ ND,€7W 4' 3:1' , ricife ' DEF E RANT ST/ LL.wAT OR. I eviv. .S'Yo82. Name DC/ ,A/ � V S7 Title TATEMENT being duly sworn says that he is the plaintiff above named; that the defendant OF at least 18 years old; that the defendant is not now in the Military Service; CLAIM : that the defendant is a resident of WilsziiM?°a County; and alleges that the defendant is indebted to the plaintiff in the amount of $ i474/ plus $ 16.00 filing fee, totalling $ /8.3.57 , plus disbursements by reason of the fol1owi f c My new 1992 M ercury was damage on may , , #992 due to negligence by the.City in not properly repairing the street in front of the Post Office, after they dug it up for sewer construction in 1990. The City put down a thin layer of asphalt over the back - fill, but never brought it up to the previous level on that street. ALL the rest of that street has a curb height of 3i to 4" above the paving. Of the two parking places in front of the Post Office, they left the curbing extend 9" above their new paving material on the southerly half, where I was parked with front wheels sharply cramped as required by law. There I was trapped against the 9" curb by one of the pockets in the paving as I turned my wheels to depart. This damaged the wire -wheel cover. Because of the claim being rejected, it was necessary for me to photograph the street and curbing in that block for the Court to view.. According to the postmaster, he has seen the crews add patching to the sinking pavement, but only at the Exit driveway. But it obviously was not built up where I was parked on the north side of the Exit driveway. I an not the first to be trapped there, as photos , 1, 2, and 4 show. SUI8SI:HIHtU AMl1 SWUM 1 Flt AIFUVt S I A I tAALN I OF LAMM IS t Fitt ANU IIEFOfE ME at CORRECT TO TIEEST OF MK KJ CMY .E . DATE J 1 / SIONATUfE: �xi ,1 z C ' ,t l f ( � I"`�iJ ' TELEPHC E 143 THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT You are hereby summoned to appear at the hearing of the above entitled case at 9:00 a • m. , on SUMMONS February 4, 1993 Tim NOTICE OF ,at Washington County Govt Center, 14900 61st St No,Stillwater Due MARINO Plea Deputy Is • Failure to the defendant to appear in Court may result In a default Judgment being entered against FAILURE him. Failure of the plaintiff to appear = g P ppear may result is dismissal of the action or a default judgment O APPEAR being entered in favor of the defendant on any counter -claim which has been interposed. • • • RESOLUTION NO. 92 -249 ESTABLISHING DOWNTOWN PARKING COMMISSION AND BYLAWS A. PURPOSE The Downtown Parking Commission is established to oversee the development and implementation of the Downtown parking plan. This includes planning for long range parking lot improvements and day -to -day regulation of public parking spaces. B. COMPOSITION AND SIZE OF COMMISSION There is hereby established a City of Stillwater Downtown Parking Commission hereinafter referred to as the "Commission" which shall consist of seven (7) voting members to be appointed by the Mayor, with the advice and consent of the City Council. The Public Works Director, or his designee, the Chief of Police, or his designee, and the Community Development Director shall be ex- officio and non - voting members of the Commission. All voting members shall be residents of the City of Stillwater. Of the seven (7) Commission members, five (5) shall be Downtown business or property owners, and two (2) shall be City of Stillwater residents interested in Downtown parking. Commission members shall serve for two year terms. The initial appointments to the Commission shall be made for the following terms; (1) year term, (2) Commissioners, (2) year term, (3) Commissioners, and (3) year term, (2) Commissioners. Any Commissioner that misses two consecutive meetings without notice to the Chairman shall be removed from the Commission. C. ORGANIZATION A Chairman and Vice Chairman shall be elected annually by a majority vote of Commissioners present at the first meeting of the calendar year. During the absence of the Chairman, the Vice Chairman shall exercise and perform the duties of the Chairman. D. DUTIES AND POWERS The Downtown Parking Commission is advisory to the City Council. It shall have have no authority other than that expressly given to it by this resolution. 1 • • • 1. The Commission shall make recommendations to the City Council regarding the development of a long term Downtown Parking Plan and day -to -day management of Downtown public parking. 2. The Commission shall seek and obtain public comments on parking improvement projects and changes to parking regulations that may affect businesses, property owners, customers and residents of the community at large. 3. The Commission shall explore options for making Downtown parking financially self sufficient by setting permit fees and fine rates and exploring methods of financing the construction of new and maintenance of existing parking facilities. 4. The Commission shall exercise such other functions with respect to Downtown parking improvements as requested by the City Council. 5. The Commission shall present to the City Council a yearly report of Commission accomplishments and activities. E. DUTIES OF CHAIRMAN The Chairman shall set the agenda for Commission meetings with assistance of Staff, appoint special subcommittees of the full Commission and represent the full Commission when recommendations are made to the City Council. F. STAFFING The Community Development Department, with the assistance of the Public Safety Department and Public Works Department, shall provide technical and administrative assistance to the Commission. G. MEETING 1. All meetings of the Commission shall be open meetings to which the public and press shall be admitted. 2 2. Notice of the meeting shall be given as determined by the Commission. • • H. QUORUM A quorum shall consist of four (4) members of the seven (7) Commission members. No action shall be taken by the Commission without a quorum. I. VOTE 3. The Parking Commission shall meet as needed as determined by the Commission. 4. Special work sessions or subcommittee meetings shall be scheduled by the full Commission at regular meetings to study and prepare recommendations regarding Commission parking matters. All action shall be taken by voice vote. Tie votes with one or more Committee members absent shall continue the item to the next regular meeting. Tie votes with all members present shall defeat the motion. J. REVISION OF BYLAWS The Bylaws may be recommended by the Commission for approval of the City Council. Note: All approvals are by majority unless none are required by statute. Adopted by Council this 1st day of December, 1992. ATTEST: ni. !c.c� Cjity Clerk Mayor • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 93 -9 Ace Hardware Ahrens, Robert Allen, Bradley Amdahl, Chris American Linen Supply American National Bank Paying Agent Fees American Payment Centers Box at Cub Foods Assn. Metropolitan Municipalities1993 Dues ATEC Associates, Inc. Environmental Services A T & T Lease /Rental A T & T Leased Equipment B & D Underground Payment No. 4 Becker Arena Products Arena Equipment Bd. Water Commissioners Hydrant Repairs Business Record Corporation Licenses Capitol City Regional Fire Fighters Assn. Capitol Communications Cargill Salt Century Laboratories Cobb Group Commissioner of Transportation Copy Duplicating . Courier, The Croix Oil Company Croix Oil Company DAC Industries DARE America Del's Stillwater Equipment Eddy Bros. Company Equipment Supply Inc. Family Service Inc. Finamart Firstar Stillwater BAnk Fred's Tire Company Fred's Tire Company Frito - Lay, Inc. Fritz Company Goodwill Industries Gopher State ONe -Call Greeder Electric G & K Services Gypsum Association Hejny Rentals I. I. M. C. Island Enterprises I.P.M.A. Mn. Chapter I. T. L. Patch Company Jay Bros. Inc. Junker Recycling Supplies $ Ice Knives Sharpened Ice Arena Duty Repairs /Key Towel Service 1993 Dues Mte. Agreement /Batteries Salt Deodorant -Sewer Word Perfect Inspection /Re -lamp Maintenance - Copier Publications Motor Oil Gas /Diesel Supplies Shirt /Ribbons 4 - 6 Packs oil 19 Face Pieces for Mask Services Employee Asst. Program Head Light Box Rental Repair Split Rim Tire Repairs /Tire for Truck Concession Supplies Concession Supplies ADC December Expenses Locate Requests Lights at Garage Uniform Rental Manual Rental- Chipper Membership -Mary L. Johnson Window Cleaner Membership- Kriesel Shoulder Emblems Sewer Line Recycling - December 258.14 59.00 36.23 43.59 27.70 110.00 75.00 3,391.00 3,948.20 151.60 54.37 4,154.22 415.64 378.62 18.87 35.00 565.50 3,117.61 223.93 69.00 61.54 1,637.30 69.00 429.94 6,830.65 238.21 71.31 24.50 4,086.40 1,596.74 1,224.30 7.44 30.00 27.00 84.40 86.10 1,018.00 606.75 15.00 460.80 1,076.29 9.50 201.60 80.00 564.08 25.00 201.09 9,600.00 8,167.50 Junker Sanitation Service Junker Sanitation Service Junker Sanitation Service Labor Relations Associates Lind, Leslie & Gladys Magnuson, David Mackall, Crounse & Moore Metz Boking Middle River WMO M . O. C. I. C. Midwest Machinery Midwest Vending Wholesale Miller Excavating Mn. Animal Control Assn. Minnesota Blue pint Mn. Cellular One Mn. Chiefs of Police Assn. Mn. DARE Officers Assn. Mn. Department Revenue Minnesota Mayors Assn Mn. Recreation & Park Mn. Correctional Faci ity Moore Business Products Motorola, Inc. Municipals Northern States Power Auto Parts N. W. Tire Company Oakdale INspection Service One Hour Express Photo Otis Spunkmeyer Pepsi -Cola Company Polfus Implement Pony Express Reloaders Quest Data Systems Rigs and Squads Road Rescue St. Croix Animal Shelter St. Croix Car Wash Sensible Land Use Coalition Shiely Company Snyder Bros. Drug Stafford, R. H. Washington County Treasurer State of Minnesota State Treasurer, Minnesota Stevensen, Mary Jo Stillwater Area C of C Stillwater Book & Stationery Stillwater, City of Stillwater Gazette Stillwater Sunrise Rotary Stillwater Towing Suburban Propane Short Elliott Hendrickson Short Elliott Hendrickson Garbage Bags - December Garbage Bags Lift Stations Services- Management Land Purchase Legal Services Services Concession Supplies Stillwater Share 1993 Dues 1 Set Blades Concession Supplies Haul Loader 1993 Dues - Jacobson Paper 2 Phones Membership - Beberg /Bell Membership - Wardell Sales Tax Dues 1993 MRPA Dues - Bielenberg Printing Billing Cards Service Agreement /Repair Membership Energy Charge Auto Parts Windshield Fluid Inspections - Ahrend Film Processing Concession Supplies Concession Supplies Equipment Parts Reloads Maintenance Fee Holster /Pouch Supplies December Fees Squads Washed 843.75 2,506.25 170.40 676.50 927.00 4,961.00 1,580.70 87.88 18.07 150.00 21.30 301.85 260.00 20.00 124.52 35.21 140.00 25.00 748.76 10.00 110.00 104.37 1,105.01 s 282.90 10.00 2,199.01 130.78 24.73 325.00 43.63 162.00 455.00 40.62 266.46 900.00 107.41 111.77 140.46 45.83 Seminar - Russell /Membership 95.00 Sand 815.00 Film /Batteries 39.53 Paint Center Lines Subscription Surcharge Report Sew Patches Annual Dues Supplies Reimburse Petty Cash Publications Dues - Kriesel Tow Squad Propane -Arena Engineering Engineering 504.78 30.00 3,132.00 32.00 500.00 410.02 11.18 30.85 90.00 40.00 136.04 54,315.70 15,114.15 • • • Thompson Hardware, Inc. T. H. T. Inc. Treadway Graphics Uniforms Unlimited U. S. West Communications United Stores Valley Auto Supply Van -O -Lite Viking Safety Wardell, Leslie Warren, Mack Washington County Chiefs of Police Wear Guard Watson, Dennis Wybrite, Inc. Youcum =Oil Company ADDENDUM TO BILLS Ecolab Pest Elimination Jay Bros., Inc. Johnson Bros. Corporation Legillative Associates Metropolitan Waste Control Comm. St. Paul Pioneer Press Valley Trophy Center Van Paper Products Viking Office Products Wybrite, Inc. APPROVED FOR PAYMENT Supplies Radiator Repair Misc. DARE Supplies Uniforms Telephone Service Water Jugs Auto Parts 6 Grader Lights Climbing Rail Slide Sorter Arena Duty Membership - Beberg /Bell Uniforms Programming Mte. Agreement Fuel Oil Pest Control Payment No. 2 Payment No. 14 State /Federal Lobbying Sewer Service Charges Ad - Police Engraving Tissue /Towels Data Binders Mte. Agreement ADOPTED BY THE COUNCIL THIS 19th DAY OF JANUARY, 1993. 30.24 259.19 35.50 344.29 1,854.36 28.73 1,017.68 159.43 764.09 26.09 28.18 50.00 134.41 275.00 219.50 299.20 218.33 12,346.34 143,095.79 3,400.00 77,201.00 91.94 5.20 412.69 27.60 15.52 • January 12, 1993 IN THE MATTER OF: Operating Engineers, Local 49; Minneapolis, Minnesota -and - City of Stillwater; Stillwater, Minnesota BMS CASE NO: 93 -PN -789 RE: Highway /Public Works /Parks A petition for mediation in the above -named matter has been received by the Bureau of Mediation Services. In accordance with the laws of Minnesota, you are hereby notified of the following mediation meet- ing to be held for purposes of resolving this matter. Both parties to this matter have a legal obligation to be present at this meeting and to make good faith efforts to resolve the dispute. Accordingly, each party must vest its representatives to mediation meetings with the authority to negotiate in good faith, the ability to identify unresolved issues, and to set forth the positions of that party with respect to each issue in dispute. cc: Tim R. Connors Nile Kriesel RECEIPT OF MEDIATION PETITION AND MEETING NOTICE TIME: 9:30 am BUREAU OF MMEDLA11ON SERVICES State of Minnesota DATE: Tuesday, February 09, 1993 LOCATION: Stillwater City Hall Stillwater, MN MURRAY S PE R Mediation Unit Director (612) 649 -5421 FAX: (612) 613 -3013 1380 Energy Lane • Suite #2 • St. Paul, MN 33108 -3253 An Equal Opportunity Employer 5,, �"�u 90 Il tqdick3 • League of Minnesota Cities January 5, 1993 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490 -5600 TO: All clerks, mayors, and managers FROM: Larry Bakken, president SUBJECT: New LMC executive director rct /q3 It gives me great pleasure to announce that the board of directors of the League of Minnesota Cities has agreed to hire James F. Miller, Minnetonka city manager, as the new executive director of our organization. Jim will take over on February 4, 1993. Many of you know Jim on a personal basis, but for those of you who don't, let me give you a brief history of his career. He has been Minnetonka's city manager for the past 13 years. He was the assistant city manager in Des Moines, Iowa; assistant to the city manager in Janesville, Wisconsin; administrative assistant to the village manager in Brown Deer, Wisconsin; and served a management internship in Phoenix, Arizona. He is an adjunct professor in the graduate program in public administration at Hamline University and was an instructor in the graduate program in public administration at Drake University in Des Moines. In my estimation, Miller is the most suitable person available to fill the position of executive director of the League. He knows the policies and personnel of the League, inside and out, is familiar with the questions and problems facing cities in Minnesota, and is a proven and capable leader. In addition to possessing over 27 years of cumulative city government experience, he is also a past president of the League of Minnesota Cities. He was a past chair of the LMC budget committee, is a member of the Association of Metropolitan Municipalities' metropolitan agencies committee, and chair of the operating committees for both the Southwest Suburban Cable Commission and the Municipal Legislative Commission. He is a past president of the Metropolitan Area Managers Association and the Local Government Information Service and a member of the LMC's development strategies committee. I urge you to avail yourself of Jim's expertise once he becomes settled in his new environment. I'm positive that he will be one of the great leaders of the 80 -year old association. A letter similar to this, and a copy of Resolution No. 92 -255, should be sent to each of • the officials named on the attached list. Carbon copies of both the letter and the Resolution should also be sent to the individuals indicated on the list, under each principals name. Thank you very much. JAN- 16 -'93 SAT 10:11 ID:MAIL BOX CENTER Dear TEL N0:703- 560 -1938 #920 P02 I am forwarding you a copy of Resolution No. 82 -255 as unanimously passed by the Council for the City of Stillwater, Minnesota, and urgently request your favorable consideration of an appropriation of $2.4 for the design, construction, and extension of the retaining wall system on the St. Croix River at Stillwater, Minnesota as authorized in P.L. 102 -580. Fifty -five years ago a 1,000 foot retaining wall system was built by the Works Progress Administration (WPA) on the St. Croix River at Stillwater, Minnesota. The purpose of the wall system was to prevent flooding and erosion which, at that time, was occurring with some frequency and rapidity. The protected area includes the historic city, the interstate bridge connecting Minnesota and Wisconsin, Lowell Park which is adjacent to the river, and buildings and downtown facilities, many of which are listed on the National Register of Historic Places. The existing wall system has deteriorated to such an extent that the U.S. Army • Corps of Engineers report stated, "There is a strong likelihood that the wall in Stillwater could experience a significant failure within the next two years,.. ." and due to the fact that the property was created during the logging area, the entire area is suspect. Core samples have verified these suspicions that the threatened portion of the area has large pockets of sawdust fill and wood debris. The existing wall structure presents two problems; first, more than 200 feet of the lower portion of the wall system has failed resulting in severe damage to the entire structure, including the erosion of the base of the wall, and extensive damage to the remaining sections of the wall. Secondly, the length of the original wall was determined by the availability of property adjacent to the river, rather than the contours of the river. As a result, annual flooding and severe erosion has occurred at both the north and south ends of the wail in spite of temporary measures, and the use of riprap to remedy the situation. According to studies by the U.S. Army Corps of Engineers, and the engineering firm of Short, Elliott, Hendrickson, Inc., we have been advised that the condition of the retaining wall system is such that a complete failure of the structure is likely to occurr within the next two years. Such a failure could result in the loss of the bridge, the park, the trunk sanitary sewer line, and much of the commercial section of the City. structure If you have questions or need additional information, please contact Ed Cain at (703)560 -7129. He is a long -time resident of Stillwater, temporarily located in Washington, D.C., and is working with the City on this project. This is a critical issue to our city, and a potentially dangerous situation to life and property. Thank you very much for your positive action on this request. • A. • JAN- 16 -'93 SAT 10:12 ID:MAIL BOX CENTER TEL NO:703- 560 -1938 List of Persons to Receive Letters, Carbons, & Resolutions The Honorable J. Bennett Johnston, Chairman Energy and Water Development Subcommittee Senate Committee on Appropriations SD -132 Dirksen Senate Office Building Washington, D.C. 20510 The Honorable Mark O. Hatfield, Ranking Member Energy and Water Development Subcommittee Senate Committee on Appropriations SD -155 Dirksen Senate Office Building Washington, D.C. 20510 The Honorable Tom Bevill, Chairman Energy and Water Development Subcommittee House Committee on Appropriations 2362 Rayburn House Office Building Washington, D.C. 20515 The Honorable John T. Myers, Ranking Member Energy and Water Development Subcommittee House Committee on Appropriations 2372 Rayburn House Office Building Washington, D.G. 20515 The Honorable Dave Durenberger, Senator State of Minnesota SR -154 Russell Senate Office Building Washington, D.C. 20510 -2301 (Encl: Bennett & Hatfield letters; Resolution) The Honorable James L. Oberstar, Representative Minnesota, 8th District 2209 Rayburn House Office Building Washington, D.C. 20515 (Eno!: Bevill ltr; Resolution) The Honorable Rod Grams, Representative Minnesota, 6th District 1713 Longworth House Office Building Washington, D.C. 20515 (End: Bevil!, Myers, & Oberstar Itrs; Resolution) cc: Mr. W. David Gwaltney (Same address) cc: Ms. Dorothy Pastis (Same address) cc: Mr. Bob Schmidt (Same address) #920 P03 cc: Ms. Michelle Mrdeza 1016 Longworth House Office Building Washington, D.C. 20515 cc: Jimmie Powell SCE -410 Dirksen Senate Office Building Washington, D.C. 20510 (End: Same as Durenberger) JAN- 16 -'93 SAT 10:13 ID:MAIL BOX CENTER 1 • List of Persons to Receive, Letters, Carbons, The Honorable Nancy P. Dorn, Assistant Secretary for Civil Works Department of the Army 108 - The Pentagon Washington, D.C. 20310 General Arthur E. Williams, Commander Headquarters United States Army Corps of Engineers 20 Massachusetts Avenue, N.W. Casmir Pulaski Building Washington, D.C. 20314 Colonel Richard W. Craig, District Engineer United States Army Corps of Engineers , Department of the Army 180 Kellogg Boulevard East, Rm. 1421 St. Paul, MN 55101 -1479 TEL N0: 703- 560 -1938 #920 PO4 & Resolution (Page 2) cc: Mr. Lou Kuwalski, Chief Division of Planning (Same address) and Mr. Thomas L. Crump, Civil Engineer (Same address.)