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HomeMy WebLinkAbout1993-03-02 CC Packet931 STILLWATER CITY COUNCIL March 2, 1993 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7 :00 P.M. 4:30 P.M. AGENDA 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 CALL TO ORDER INVOCATION ROLL CALL AGENDA 7:00 P.M. AGENDA APPROVAL OF MINUTES - Special Meeting - February 1, 1993. Regular Meeting - February 16, 1993. INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Karl Ranum - Edstrom /Kalish fence dispute. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for placement of a 3 ft. by 6 ft. lighted marquee sign located at 920 W. Olive St. (Nelson's Ice Cream Store) in the RB, Two - Family Residential Dist., Case No. V/93 -8, Robert C. Pasket, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. 2. This is the day and time for the Public Hearing to consider a Special Use Permit to conduct a beauty salon business (nails only) in a residential structure at 121 So. Owens St. in the RB, Two - Family Residential Dist., Case No. SUP /93 -9, Heidi B. Colleran, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. 3. This is the day and time for the Public Hearing to consider a Variance to the Parking Ordinance for an 850 sq. ft. restaurant use in an existing structure at 317 So. Main St., (River Exchange Bldg.) located in the CBD, Central Bus. Dist., Case No. V/93 -10, Scott Zahren, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. 4. This is the day and time for the continuation of 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. 5. This is the day and time for the Public Hearing to consider a Minor Subdivision of a 1.26 acre vacant parcel of land known as Lots 1, 2, 3, 4, 5, 6 & 13, Block 14, Sabin's Add., into three separate parcels located 1 east of Sherburne St. & north of W. Linden St. in the RB, Two - Family Residential Dist., Case No. SUP /93 -11, Doug & Mary Christensen, Ron & Eloise Zaniewski & Agnes Mowry, Applicants. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. 6. This is the day and time for the Public Hearing to consider a Variance to the Sign Ordinance for the placement of a 50 sq. ft. free - standing sign, 20 ft. in height, at 2289 Croixwood Blvd. (Brooks Food Market) located in the CA, Gen. Comm. Dist., Case No. V/93 -12, Suburban Lighting, Applicant. Notice of the hearing was published in The Gazette on February 19, 1993 and mailed to affected property owners. 7. This is the day and time for the continuation of a Public Hearing, and possible second reading, of a Zoning Ordinance Amendment for a Forest Protection Ordinance, Case No. ZAT /93 -1, City of Stillwater, Applicant. Notice of the hearing was published in The Gazette on January 22, 1993. UNFINISHED BUSINESS 1. Continuation of Appointments to Various City Boards & Commissions: a. Cable Commission, b. Heritage Preservation Commission. c. Downtown Parking Commission. NEW BUSINESS 1. Feasibility Study for Highlands 4th Addition, L.I. 293. 2. Application for Payment No. 4 - Hydrocon, Inc., Gloves Add., L.I.283. 3. Application for Payment No. 4 - Inland Utility Const., Highlands 2nd Add., L.I. 276. PETITIONS, INDIVIDUALS & DELEGATIONS (continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 93 -39). 2. Applications (list to be supplied at meeting) 3. Forward to Ins. Co. - Statement of Claim & Summons, Concilliation Court, Ronn Hechter, Grand Garage sewer backup. 4. Forward to Ins. Co. - Summons & Complaint, Robert Engquist, injuries received from falling temporary stop sign. 5. City Attorney Retainer for 1993. COUNCIL REQUEST ITEMS STAFF REPORTS (continued) COMMUNICATIONS /REQUESTS 1. Ed Cain, Legislative Assoc., Inc.; Sen. Gene Merriam; Rodney Sando, Comm., DNR - Re: Status report of Legislative fund raising for Levee Wall. 2. Orville Pung, Comm., Minn. Dept. of Corrections; Phillip McMullen, Chair, Wash. Co. Bd. of Comm. - Re: Placement of State Prisoners in County facilities. 3. Esther Snaza, Minn. Dept. of Commerce - Petrofund reimbursement. 4. League of Minn. Cities - 1993 Annual Conference Parade of Flags. 2 • • • 5. League of Minn. Human Rights Comm. - Statewide campaign against hate & bigotry. 6. Gary Getty, Sec. - Name change for Dock Ass'n. to "Mulberry Point Yacht Harbor ". 7. Christine White, Exec.Vice Pres., Chamber of Comm. - Thanks to City for corporate sponsorhsip at "All Cities Banquet ". 8. G. Dykstra, Field Rep., ISO Comm. Risk Serv., Inc. - City Fire Insurance classification. 9. Yvette Quarfot, Washington Co. HRA - Low Income Housing, Cottages, Phase III ADJOURNMENT Possible Adjournment to Executive Session to discuss Labor Relations. • • • TO: Mayor and City Council FR: Diane Deblon, Finance Director DA: February 26, 1993 RE: 1993 STATE AID CUTS M E M O R A N D U M The governor has submitted his proposed budget to the legislature. As part of this proposed budget, the governor is proposing cuts in city L.G.A., equalization aid and HACA for payable 1993. These cuts would have a direct impact on the City of Stillwater and be a reduction in budgeted revenue for the 1993 year. The L.M.C. has estimated that the total aid cuts for the City of Stillwater would be $31,133. DONALD L. BEBERG CHIEF OF POLICE TO: FROM: DATE: RE: STILLWATER FORD POLAR CHEVROLET STILLWATER MOTORS TOUSLEY FORD SUPERIOR FORD 93 -14 THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT il"i U: -:::. P-1 C) F u'-`► NO ILA L J FI MAYOR HOOLEY AND THE CITY COUNCI D.L. BEBERG, CHIEF OF POLICE FEBRUARY 26, 1993 PURCHASE REQUEST — 2 SQUAD CARS $27,034.00 $ 1,560.00 $24,996.00 $ 1,190.00 $31,693.00' $ 1,340.00 $25,942.00 $ 570.00 $27,190.00 $ 1,090.00 STILLWATER FORD STILLWATER MOTORS TOUSLEY FORD POLAR CHEVROLET SUPERIOR FORD TIMOTHY J. BELL CAPTAIN I REQUEST PERMISSION TO PURCHASE TWO (2 NEW CHEVROLET CAPRICE 4 —DOOR SQUAD CARS FROM POLAR CHEVROLET, OF WHITE BEAR LAKE. THERE WAS $27,725.00 ALLOCATED IN THE 1993 BUDGET FOR THIS EXPENDITURE. INCLUDED IN THIS DOLLAR FIGURE IS THE PRICE OF THE 2 SQUAD CARS PLUS THE REMOVAL OF THE EMERGENCY EQUIPMENT IN THE 2 OLD SQUADS AND REINSTALLING THAT EQUIPMENT IN THE NEW ONES. • WE SENT REQUESTS FOR QUOTES FOR THE 2 SQUAD CARS TO THE FOLLOWING DEALERS: THE FOLLOWING ARE THE QUOTES FROM THEM WHICH INCLUDES THE PRICE OF TWO (2) CARS AND THE EXTENDED FACTORY WARRANTY (2 CARS) WHICH IS LISTED SEPARATE, THERE ISN'T ANY STATE SALES TAX ON THESE CARS. THE NORMAL FACTORY WARRANTY INCLUDED WITH ALL OF THE VEHICLES IS 3 YEARS /36,000 MILES. FORD CROWN VICTORIA EXTENDED WARRANTY (4/75,000/$50 DED) CHEVROLET CAPRICE EXTENDED WARRANTY (4/75,000/$50 DED) CHEVROLET CAPRICE EXTENDED WARRANTY (4/75,000/$50 DED) FORD CROWN VICTORIA EXTENDED WARRANTY (4/75,000/$100 DED) FORD CROWN VICTORIA EXTENDED WARRANTY (5/100,000/$50 DED) 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response / Assistance: 911 4 DONALD L. BEBERG CHIEF OF POLICE THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT Iri iii 49 I..:.: a° u IN o:";:n II,_D N11 TO: MAYOR HOOLEY AND THE CITY COUN I FROM: D.L. BEBERG, CHIEF OF POLICE L ilt/ DATE: FEBRUARY 25 , 1993 RE: PURCHASE OF 1 NEW UNMARKED SQUAD CAR I REQUEST PERMISSION TO PURCHASE ONE (1) NEW CHEVROLET LUMINA 4 -DOOR SEDAN (THIS IS A MID -SIZE CAR) FROM POLAR CHEVROLET, OF WHITE BEAR LAKE, THERE WAS MONEY ALLOCATED IN THE 1993 POLICE CAPITOL OUTLAY BUDGET FOR THIS EXPENDITURE AS FOLLOWS There is $7 allocated in cash. In addition to the above money, I was given permission to take the money from the sale of the 2 marked squad cars that we are replacing and the money from the sale of the adult investigators squad car (1988 Dodge) to purchase 1 squad car for the adult investigator. The sale of these 3 cars should bring in at least $6,500.00. IN ORDER TO GET THIS PRICE ON THE LUMINA IT IS NECESSARY TO FACTORY ORDER IT WITH ABOUT A 90 DAY DELIVERY TIME. THE REASON FOR REQUESTING PERMISSION NOW IS SO THE NEW CAR CAN BE HERE AND IN SERVICE BEFORE THE WASHINGTON COUNTY AUCTION ON JUNE 21st WHEN WE WILL BE AUCTIONING OFF THE 3 USED SQUAD CARS TO GET OUR CASH FROM THOSE SALES. IF THE NEW VEHICLE ARRIVES BEFORE THE AUCTION MONEY IS AVAILABLE, THERE WILL BE SUFFICIENT MONEY IN THE POLICE BUDGET TO PAY FOR IT DUE TO OTHER CAPITOL OUTLAY EXPENDITURES THAT WILL NOT BE MADE BY THAT TIME. VEHICLE PRICE $11,447.00 - SALES TAX $744.06 LICENSE PLATES $9.00 - EXTENDED WARRANTY $595.00 REMOVE AND REINSTALL THE POLICE RADIO - $175.00 1 SERVICE MANUAL $48.00 - TOTAL......_ VEHICLE COST $13...,_018 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 • 439 -1336 • FAX: 439 -0456 Police Response / Assistance: 911 TIMOTHY J. BELL CAPTAIN • • WE WERE GOING TO PURCHASE A USED CAR INSTEAD OF A NEW ONE. WITH THE PRICE OF BUYING NEW, FOR LESS THAN AN ADDITIONAL $2,000.00 vs. CAR WITH 10,000 TO 12,000 MILES ON IT I THINK NEW WOULD BE A BETTER INVESTMENT AND IT IS WITHIN THE MONEY I WAS ALLOCATED. WE SENT REQUESTS FOR QUOTES FOR A MID -SIZE CAR TO THE FOLLOWING CAR DEALERS: THE FOLLOWING ARE THE QUOTES FROM THEM WHICH INCLUDES THE PRICE OF THE CAR AND EXTENDED FACTORY WARRANTY, WHICH IS LISTED SEPARATE. THE STATE SALES TAX IS NOT INCLUDED. THE NORMAL FACTORY WARRANTY INCLUDED WITH ALL OF THE VEHICLES IS 3 YEARS /36,000 MILES ROUTSON MOTORS ROUTSON MOTORS STILLWATER FORD POLAR CHEVROLET TOUSLEY FORD SUPERIOR FORD 93 -12 $15,365.00 $14,577.53 $ 720.00 $14,919.00 $14,223.50 $ 720.00 $13,672.00 $ 780.00 STILLWATER MOTORS $12,225.00 $ 670.00 $11,447.00 $ 595.00 $13,373.00 $ 285.00 $11,657.00 $ 375.00 ROUTSON MOTORS STILLWATER FORD STILLWATER MOTORS POLAR CHEVROLET TOUSLEY FORD SUPERIOR FORD Olds Cutlass Supreme (in stock) Olds Cutlass Supreme (factory order) Extended Warranty (5/75,000/$50 DED) Pontiac Grand Prix (in stock) Pontiac Grand Prix (factory order) Extended Warranty (5/75,000/$50 DED) Ford Taurus (factory order) Extended Warranty (4/75,000/$50 DED) Chevrolet Lumina factory order) Extended Warranty (4/75,000/$ ?? DED) Chevrolet Lumina (factory order) Extended Warranty (5/75,000/$50 DED) Ford Taurus (factory order) Extended Warranty (4/75,000/$100 DED) Ford Taurus (factory order) Extended Warranty (4/75,000/$50 DED) North Star Land Services Co. • Suite 624, 00 W • Highway 36 • St. Rosedale Towers • 1700 West High y Paul, Minnesota 55113 • (Gll) 631 -1778 • Fax: (612) 631 -1039 February 11, 1993 Mr. David Junker City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: Proposed U S WEST Easement ME 2 -93 Located at Wildpines Lane and Parkwood Lane Dear Mr. Junker: As we briefly discussed on the phone, our company represents U S WEST in its easement and right of way acquisition matters. One of our projects involves the need to obtain an easement to place an electronic cabinet on Outlot C, Croixwood Second Addition. The purpose for this installation is to increase the capacity of U S WEST's facilities. We would like to acquire an approximately 15.00 foot by 20.00 foot easement. I am enclosing a sketch which should help you envision this. The easement would be for an above ground cabinet similar to the one in the enclosed photograph. For your review, I am enclosing three copies of the proposed easement. We are offering a $700.00 easement payment. I hope this information is sufficient to allow you to evaluate our request. If you would like any further information, please call me at 631 -1778. If our proposal is acceptable, all that you need to do is to have two copies of the easement signed by the appropriate City officer and notarized and returned to me. Please keep one copy of the signed easement for your records. I will take care of the recording process and will forward the payment check to you upon receipt of the easement. U Rl�chard A Potts " Right of Way Agent Thank you again for your cooperation. s very truly, • RAP:vc Enclosure cc: T. Strom, Jr. 9 .D N \ �� a � D �� • J S • c 2 o 31 • n or se' • 4 WILDPINES /88.9e N69'18'/6 E • J LANE /659 • all Vs. / . a` °m1 3 • �`4, om' s 7 /J 4 ' • 2 /✓ / tom N 9"5.C'! \ -z_ -r_ 5 �, ,, 3 a H e r 13 � S %"° � ° oo .tiv ,It - 14 K 0 .moo. r ro b.,'1. dr b . 1 1 p h se w l A `� a .Q ( �' '~�' is-.., w %--- -. 2Ziatc - "' _m_iP. lut A/499 '''-`' i 1 •• `7 :1 .. = ‘ A , z. ,.. 1 .. § o ? ? i o6 A — 575 d9 Sou //f /l/' of O O J To Cntt IV ic.o S —� 4 V NOTE Dist() �f st Surveyed and Designed • o Deno Bearinc Novon c Doshel utility each s other C.F. WIND! LAND SURVE • • • • TO: Mayor and City Council i FR: Steve Russell, Community Development Director DA: March 2, 19932 RE: SF449 CHANCES TO METROPOLITAN LAND PLANNING ACT The Legislative Contact Alert issued by the Association of Metropolitan Municipalities provides an excellent summary of the proposed legislation. In addition to the points raised in their memorandum, the following concerns are raised: The proposed legislation would: Further centralize Stillwater City Planning from the Metropolitan Region down to the local government. The Metropolitan Development Guide expands the scope and areas of responsibility of the Met Council and requires City Comprehensive Plan and Zoning Regulations to be consistent with regional policies. Urban service area expansion and annexation would not be allowed if agricultural land (existing on potential) is involved. The legislature does not discuss large lot rural subdivisions that result in the removal of agricultural land from the land supply but makes special mention of urban service expansion into agricultural areas. Met Council area of authority are: Currently: Regional Parks Airports Highways Sanitary Sewers Proposed: Housing and land use Solid Waste Water Resources Health Emergency services Public buildings If the proposed legislation is approved, it would result in more regional control of local planning and zoning decisions. Recommendation M E M O R A N D U M Direct staff to attend and testify and submit written comments at scheduled hearings or legislation. Attachment: Legislative Contact Alert • • • association of metropolitan municipalities Feb. 26, 1993 Legislative o tact lert To: Mayors, Legislative Contacts and Managers/Administrators FROM: Vern Peterson, Executive Director RE: SF449 (Sen. John Marty, DFL- Roseville), changes to Metropolitan Land Planning Act. ALERT! ALERT! ALERT! ALERT! Attached is a copy of SF449 which greatly increases the authority of the Metropolitan Council vis a vis local planning and zoning.The bill has several sections which would have a very negative impact on metro cities. 1. Sections I and 8 revise state law to state that comprehensive plans supersede zoning ordinances and that the Metropolitan Development Guide supersedes any local plan. 2. Section 3 directs the Metropolitan Council to adopt a long -range policy plan to protect agricultural land in the metropolitan area as part of the Council's Metropolitan Development Guide. Until such time as the policy plan is adopted by the Metropolitan Council, it would preclude a local government unit from expanding its urban service area if such expansion includes agricultural land. 3. Section 4 grants the Metropolitan Council the authority to require a local government unit to modify its local comprehensive plan if it is inconsistent with any chapter in the Metropolitan Development Guide. Under existing law, the Council can require modification of a local plan only if it is in conflict with a metropolitan system plan, of which there are four. There are at least eight or nine other chapters in the Development Guide, including such chapters as Housing, Solid Waste, Water Resources, Health., etc., which would be given system status under SF449. It also mandates that the Metropolitan Council require a local government unit to modify a comprehensive plan that requires the expansion of a local government unit's urban service area if a local and a regional need for the expansion cannot be demonstrated. Granting "system status" to all chapters of the Metropolitan Development Guide would in reality give the Metropolitan Council almost complete authority over all aspects of local government ! 4. Section 7 states that local plans would have to be updated within nine months of any amendment to a metropolitan system plan "or any other addition to or amendment of the Metropolitan Development Guide." If the local government refuses or is slow, the Metropolitan Council could sue. 3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490 -3301 42- • • • 5. If that is not bad enough, Section 11 gives any resident of the metropolitan area the right to civil action in district court in Ramsey County for relief for any alleged violation of sections of this bill. The court could award costs of litigation to any party that prevails. ACTION NEEDED: SF449 is scheduled to be heard on Thursday, March 4 at 2 p.m: in Room 107 of the Capitol before the Subcommittee on Metropolitan Affairs of the Senate Metropolitan and Local Government Committee. This subcommittee is chaired by Sen. Ted Mondale (DFL -St. Louis Park), who is a co- author of SF449. The subcommittee roster is: Betty Adkins, DFL -St, Michael Don Betzold, DFL- Fridley Carol Flynn, DFL -Mpls Ed Oliver, IR- Deephaven The AMM is asking action on two fronts: 1. Please sign up to testify against this bill. The person to contact is Robynn Bruce, 297 -8065. She is the subcommittee secretary. 2. Contact your senator and let him or her know about the tremendous burdens and intrusions for local governments that would develop because of this bill. If your senator is a member of the subcommittee or the full Senate Committee on Metropolitan and Local Government, please make every effort to contact him or her. I cannot stress enough the tremendous usurpation of local authority and sovereignty that is contained within this bill. If you have a special rapport with a member of either the subcommittee or full committee (and who may or may not serve as your city's senator), contact that person and let him or her know of your concerns. I cannot emphasize the importance of your contacting your senator on this matter, whether your senator is a member of the subcommittee or full committee. (A roster of the full committee members and their telephone numbers, as well as the rosters of the three subcommittees are attached.) Sandy Pappas, DFL- St. Paul Martha Robertson, 1R- Minnetonka Deanna Wiener, DFL -Eagan Thank you very much for your prompt attention to this matter. As always, if you have any questions, please don't hesitate to call me at 490 -3301. 02/18/93 (REVISOR ] JMR /CA 93 -1872 Introduced by Marty, Mondale, Price February 22, 1993 Companion H.F. No. Referred to Committee on METROPOLITAN & LOCAL GOVERNMENT Reproduced by PHILLIPS LEGISLATIVE SERVICE 1 A bill for an act S.F. No. 449 1 2 relating to urban planning; providing procedures to 3 limit urban sprawl; protecting agricultural land; 4 requiring coordination of development plans; 5 permitting civil actions; amending Minnesota Statutes 6 1992, sections 462.357, subdivision 2; 473.145; 7 473.175; 473.204, subdivision 1; 473.851; 473.856; 8 473.859; 473.865, subdivision 2; and 473.866; 9 proposing coding for new law in Minnesota Statutes, 10 chapter 473. 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 12 Section 1. Minnesota Statutes 1992, section 462.357, 13 subdivision 2, is amended to read: 14 Subd. 2. (GENERAL REQUIREMENTS.] At any time after the 15 adoption of a land use plan for the municipality, the planning 16 agency, for the purpose of carrying out the policies and goals 17 of the land use plan, may prepare a proposed zoning ordinance 18 and submit it to the governing body with its recommendations for 19 adoption. Subject to the requirements of subdivisions 3, 4 and 20 5, the governing body may adopt and amend a zoning ordinance by 21 a two - thirds vote of all its members. If the comprehensive 22 municipal plan is in conflict with the zoning ordinance, the 23 "zeaing- erdinanee: plan . supersedes the plan ordinance. 24 Sec. 2. Minnesota Statutes 1992, section 473.145, is 25 amended to read: 26 473.145 (DEVELOPMENT GUIDE.] 27 The metropolitan council shall prepare and adopt, after 28 appropriate study and such public hearings as may be necessary, 02/18/93 [REVISOR ] JMR /CA 93 -1872 . a comprehensive development guide for the metropolitan area. It 2 shall consist of a compilation of policy statements, goals, 3 standards, programs, and maps prescribing guides for the orderly 4 and e 5 metro 6 recog 7 the m 8 have an impact on the entire area including but not limited to 9 such Matters as land use, parks and open space land needs, 10 agricultural land protection, and the necessity for and location 11 of airports, highways, transit facilities, public hospitals, 12 libraries, schools, and other public buildings. 13 Sec. 3. [473.148] [AGRICULTURAL LAND PLAN.] 14 By January 1, 1994, the metropolitan council shall prepare 15 and adopt by resolution a long -range policy plan to protect 16 agricultural land in the metropolitan area as part of the 17 council's metropolitan development guide. In preparing the 18 policy plan, the council shall hold appropriate public hearings 19 and consult with the department of agriculture, the department 20 of natural resources, and the board of soil and water resources. 21 The policy plan shall identify the amount and quality of land 22 being used or which could be used for the long -term production 23 of food and other agricultural products in the metropolitan 24 area, the amount and quality of land of that kind converted to 25 nonagricultural use since January 1, 1975, and the actions of 26 the council and local Governmental units which, directly or 27 indirectly, cause agricultural land to be converted to 28 nonac,ricultural uses. - -The policy plan shall consider the social 29 and economic benefits of protecting agricultural land for the 30 long term production of food and other agricultural products in 31 the etropolitan area and shall contain volicies, standards, and 32 requ rements implementing the state's policies of agricultural 33 landlpreservation set forth in section 17.80. The policies, 34 stan ands, and requirements shall be in addition to the programs 35 protecting agricultural land set forth in section 273.111 and 36 chapter 473H. Until the policy plan is adopted, the council onomical development, public and private, of the olitan area. The comprehensive development guide shall ize and encompass physical, social, or economic needs of tropolitan area and those future developments which will 2 02/18/93 [REVISOR ] JMR /CA 93 -1872 1 shall require a comprehensive plan or an amendment to a plan 2 submitted for review under section 473.175 to be modified to 3 exclude all agricultural land from any extension of a local 4 governmental unit's urban service area requested in the plan or 5 amendment. 6 Sec. 4. Minnesota Statutes 1992, section 473.175, is 7 amended to read: 8 473.175 [COUNCIL REVIEW; COMPREHENSIVE PLANS, SCHOOL 9 DISTRICT CAPITAL IMPROVEMENT PROGRAMS.] 10 Subdivision 1. The council shall review the comprehensive 11 plans of local governmental units and the capital improvement 12 programs of school districts, prepared and submitted pursuant to 13 Laws 1976, chapter 127, sections 1 to 23, to determine their 14 compatibility with each other and conformity with the 15 metropolitan system -plane development guide. The council 16 shall review -and comment on the apparent consistency of the 17 eomprehensive- plaice -and capital improvement programs with ether 18 adopted- ehaptere -of the metropolitan development guide. The 19 council may shall require a local governmental unit to modify 20 any comprehensive plan or part thereof which may have - 21 enbetantial- impact- en- or- eentain- a- enbetantiai- departure -from 22 metropolitan- system -plans is inconsistent with the metropolitan 23 guide. The council shall require a local governmental unit to 24 modify a comprehensive plan that requests the expansion of the 25 local governmental unit's urban service area if a local and a 26 regional need for the expansion cannot be demonstrated or if the 27 expansion cannot be served by existing or planned regional 28 facilities. 29 Subd. 2. Within 120 days following receipt of a capital 30 improvement program of a school district, unless a time 31 extension is mutually agreed to, the council shall return to the 32 school district a statement containing its comments. Within 120 33 days following receipt of a comprehensive plan of a local 34 governmental unit, unless a time extension is mutually agreed 35 to, the council shall return to the local governmental unit a 36 statement containing its comments and, by resolution, its 3 02/18/93 [REVISOR ] JMR /CA 93 -1872 1 decision, if any, to require modifications to assure conformance 2 with the metropolitan system -plans development guide. 3 ND action shall be taken by any local governmental unit or 4 school district to place any such comprehensive plan, capital 5 improvement program or part thereof into effect until the 6 council has returned the statement to the unit or district and 7 until the local governmental unit has incorporated any 8 modifications in the plan required by a final decision, order, 9 or judgment made pursuant to section 473.866. Promptly after 10 submission, the council shall notify each city, town, county, or 11 special district which may be affected by the plans or programs 12 submitted, of the general nature of the plans or programs, the 13 date of submission, and the identity of the submitting unit or 14 district. Political subdivisions contiguous to or within the 15 submitting unit or district shall be notified in all cases. 16 Within 30 days after receipt of such notice any governmental 17 unit or district so notified or the local governmental unit or 18 district submitting the plan or program may request the council 19 to conduct a hearing at which the submitting unit or district 20 and any other governmental unit or subdivision may present its 21 views. The council may attempt to mediate and resolve 22 differences of opinion which exist among the participants in the 23 hearing with respect to the plans or programs submitted. If 24 within 120 days, unless a time extension is mutually agreed to, 25 the council fails to complete its written statement the plans or 26 programs shall be deemed approved and may be placed into 27 effect. Any amendment to a plan or program subsequent to the 28 council's review shall be submitted to and acted upon by the 29 council in the same manner as the original plan or program. The 30 written statement of the council shall be filed with the plan of 31 the Local government unit or the program of the school district 32 at aLl places where the plan or program is required by law to be 33 kept on file. 34 Subd. 3. If a local governmental unit fails to adopt a 35 comprehensive plan in accordance with Laws 1976, chapter 127, 36 sections 1 to 23 or if the council after a public hearing by 4 • • 02/18/93 [REVISOR ) JMR /CA 93 -1872 1 resolution finds that a plan substantially - departs -from 2 metropolitan - system -plans is inconsistent with the metropolitan 3 development guide and that the local governmental unit has not 4 adopted a plan with modifications required pursuant to section 5 473.866 within nine months following a final decision, order, or 6 judgment made pursuant to section 473.866, the council may 7 commence civil proceedings to enforce the provisions of Laws 8 1976, chapter 127, sections 1 to 23 by appropriate legal action 9 in the district court where the local governmental unit is 10 located. 11 Sec. 5. Minnesota Statutes 1992, section 473.204, 12 subdivision 1, is amended to read: 13 Subdivision 1. Before - January -1; -1996 After public 14 hearings, the metropolitan council shall;- after - public- heariaga; 15 promulgate and may thereafter amend standards and criteria and 16 suggested model ordinances for the regulation of the use and 17 development of the land and water within the metropolitan area 18 which 11i11 provide for: 19 (a) the protection and preservation of those wetlands and 20 lowlands permanently or intermittently covered with waters, such 21 as marshes, swamps, bogs, meadows, potholes and sloughs which 22 are essential to hydrological or ecological systems or for flood 23 control; 24 (b) the protection of groundwater recharge areas which 25 contribute significantly to the recharge of groundwater 26 aquifers; 27 (c) the minimum erosion of those slopes which are subject 28 to severe or moderate erosion because of their degree of slope 29 and soil type; 30 (d) the maximum retention of existing forests and 31 woodlands, the minimum removal of trees for development, and the 32 encouragement of replanting where removal is unavoidable; 33 (e) the determination of the suitability of soils or 34 'bedrock for development, design and construction measures for 35 development which would compensate for existing soil or bedrock 36 problems, and the prevention of the type of development for 02/18/93 (REVISOR ] JMR /CA 93 -1872 1 which such soils or bedrock are unsuitable; 2 (f) the protection and preservation of the natural 3 watercourses, intermittent or permanent, and minimizing the 4 discharge of pollutants into water bodies and watercourses by 5 storm runoff and otherwise; 6 (g) the protection and preservation of areas containing 7 unique or endangered species of plants and animals; 8 (h) the prevention -of- premature protection of agricultural 9 land from development for nonagricultural use of -prime 10 agrieeltnrei -lands where such land is essential- for- agrienitnral 11 purposes being or could be used for the long -term production of 12 food and other agricultural products or for anv of the other 13 matters listed in this subdivision; 14 (i) the regulation of the extraction of minerals, including 15 sand and gravel, to minimize undesirable environmental effects 16 and provide for future utilization of the lands involved; 17 (j) the preservation of natural resource areas of 18 particular historical significance. 19 Sec. 6. Minnesota Statutes 1992, section 473.851, is 20 amended to read: 21 473.851 [LEGISLATIVE FINDINGS AND PURPOSE.] 22 The legislature finds and declares that the local 23 governmental units within the metropolitan area are 24 interdependent, that the growth and patterns of urbanization 25 within the area create the need for additional state, 26 metropolitan and local public services and facilities and 27 increase the danger of air and water pollution, and that 28 developments in one local governmental unit may affect the 29 provision of regional capital improvements for sewers, 30 transportation, airports and regional recreation open space. 31 Since problems of urbanization and development transcend local 32 governmental boundaries, there is a need for the adoption of 33 coordinated plans, programs and controls by all local 34 governmental units and school districts in order to protect the 35 healtiz, safety and welfare of the residents of the metropolitan 36 area and to ensure coordinated, orderly and economic 6 02/18/93 (REVISOR ] JMR /CA 93 -1872 1 development. Therefore, it is the purpose of sections 462.355, 2 subdivision 4, 473.175, and 473.851 to 473.871 to (1) establish 3 requirements and procedures to accomplish comprehensive local 4 planning with land use controls.consistent with planned orderly 5 and - staged development - and - the - metropolitan system - plena the 6 metropolitan development guide, and (2) to provide assistance to 7 local governmental units and school districts within the 8 metropolitan area for the preparation of plans and official 9 controls appropriate for their areas and consistent 10 with metropolitan - system - plans the metropolitan development 11 guide. 12 Sec. 7. Minnesota Statutes 1992, section 473.856, is 13 amended to read: 14 473.856 [METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.] 15 Local governmental units shall consider in their initial 16 comprehensive plans submitted to the council, and school 17 districts shall consider in their initial capital improvement 18 programs submitted to the council, any amendments or 19 modifications to metropolitan system plans which were made by 20 the council and transmitted prior to January 1, 1978. 21 Thereafter, within nine months after receiving an amendment to a 22 metropolitan system plan or any other addition to or amendment, 23 of the metropolitan development guide, each affected local 24 governmental unit shall review its comprehensive plan and each - 25 affected school district shall review its capital improvement 26 program to determine if an amendment is necessary to ensure 27 continued conformity with metropolitan system plans or other 2 28 portions of the metropolitan development ouide.l If an amendment 29 is necessary, the governmental unit or school district shall 30 prepare the amendment and submit it to the council for review 31 pursuant to sections 462.355, subdivision 4, 473.175, and 32 473.851 to 473.871. If an amen dmerit`is"necessary and one is not 33 submitted bl local governmental unit`, the council may 34 commence civil proceedings enforce the provisions of this 35 section by appropriate legal action in the district court where 36 the local aovernm or'school`dstrict is located. 7 02/18/93 [REVISOR ) JMR /CA 93 -1872 1 Sec. 8. Minnesota Statutes 1992, section 473.859, is 2 amended to read: 3 473.859 [COMPREHENSIVE PLAN CONTENT.] 4 Subdivision 1. [CONTENTS.] The comprehensive plan shall 5 contain objectives, policies, standards and programs to guide 6 publi: and private land use, development, redevelopment and 7 preservation for all lands and waters within the jurisdiction of 8 the local governmental unit through 1990 and may extend through 9 any year thereafter which is evenly divisible by five. Each 10 plan shall specify- expected - industrial- and - commercial 11 development; - phoned - population distribntien be based on the 12 council's estimates of the local governmental unit's projected 13 population, employment, housing needs, and local public facility 14 capacities epee- which- the - plea -is- based. Each plan shall 15 contain a discussion of the use of the public facilities 16 specified in the metropolitan system statement and the effect of 17 the plan on adjacent local governmental units and affected 18 school districts. Existing plans and official controls may be 19 used in whole or in part following modification, as necessary, 20 to satisfy the requirements of sections 462.355, subdivision 4, 21 473.175, and 473.851 to 473.871. The comprehensive plan may 22 contain any additional matter which may be included in a 23 comprehensive plan of the local governmental unit pursuant to 24 the applicable planning statute. 25 Subd. 2. [LAND USE PLAN.) A land use plan shall designate 26 the existing and proposed location, intensity and extent of use 27 of land and water for agricultural, residential, commercial, 28 industrial and other public and private purposes, or any 29 combi4nation of such purposes. A land use plan shall contain a 30 prot 31 mattlrs listed in section 473.204, and an element for protection 32 and evelopment of access to direct sunlight for solar energy 33 syst ms. A land use plan shall also include a housing element 34 cont ining standards, plans and programs for providing adequate 35 housng opportunities to meet existing and projected local and 36 regional housing needs, including but not limited to the use of ction element, as appropriate, for historic sites and the 8 02/18/93 [REVISOR ] JMR /CA 93 -1872 1 official controls and land use planning to promote the 2 availability of land for the development of low and moderate 3 income housing. 4 Subd. 3. [PUBLIC FACILITIES PLAN.] A public facilities 5 plan shall describe the character, location, timing, sequence, 6 function, use and capacity of existing and future public 7 facilities of the local governmental unit. A public facilities 8 plan must be in at least such detail as may be necessary to 9 establish existing or potential effects on er- departures - from 10 metropolitan system plans and to protect metropolitan system 11 plans. A public facilities plan shall contain at least the 12 following parts: 13 (a) A transportation plan describing, designating and 14 scheduling the location, extent, function and capacity of 15 existing and proposed local public and private transportation 16 services and facilities; 17 (b) A sewer policy plan describing, designating and 18 scheduling the areas to be sewered by the public system, the 19 metropolitan council's estimates of existing and planned 20 capacities of the public system, the standards and conditions 21 under which the installation of private sewer systems will be 22 permitted, and to the extent practicable, the areas not suitable 23 for public or private systems because of public health, safety 24 and welfare considerations; 25 (c) A parks and open space plan describing, designating and 26 scheduling the existing and proposed parks and recreation open 27 spaces within the jurisdiction. 28 Subd. 4. [IMPLEMENTATION PROGRAM.] An implementation 29 program shall describe public programs, fiscal devices and other 30 specific actions to be undertaken in stated sequence to 31 implement the comprehensive plan and ensure conformity with the 32 metropolitan system -plans development guide. An implementation 33 program must be in at least such detail as may be necessary to 34 establish existing or potential effects on or- departures - from 35 metropolitan system plans and other portions of the metropolitan 36 development quide and to protect metropolitan system plans and 9 02/18/93 (REVISOR J JMR /CA 93 -1872 ,1 other portions of the metropolitan development Guide. An 2 implementation program shall contain at least the following 3 parts: 4 (a) A description of official controls, addressing at least 5 the matters of zoning, subdivision, and private sewer systems, 6 and a schedule for the preparation, adoption, and administration 7 of such controls. 8 :b) A capital improvement program for transportation, 9 sewer , parks and open space facilities. 10 (c) A housing implementation program, including official 11 controls to implement the housing element of the land use plan, 12 which will provide sufficient existing and new housing to meet 13 the local unit's share of the metropolitan area need for low and 14 moderte income housing. . 15 eubd. 5. [URBANIZATION AREAS.) The comprehensive plans may 16 designate, when appropriate, five year urbanization areas and 17 shall specify in the capital improvement program the timing and 18 sequence of major local public facilities and in the 19 implementation program official controls which will ensure that 20 urbanLzation occurs only in urbanization areas and in accordance 21 with :he plan. 22 13ubd. 6. [COORDINATION WITH METROPOLITAN DEVELOPMENT 23 GUIDE.] The comprehensive plan must be consistent with the 24 metropolitan development guide and in anv case of conflict the 25 guide shall govern over the plan. 26 Sec. 9. Minnesota Statutes 1992, section 473.865, 27 subdivision 2, is amended to read: 28 Subd. 2. A local governmental unit shall not adopt any 29 official control or fiscal device which is in conflict with its 30 comprehensive plan or which permits activity in conflict with 31 the metropolitan system -plane development guide. 32 Sec. 10. Minnesota Statutes 1992, section 473.866, is 33 amended to read: 34 473.866 [CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL 35 REVIEW.] 36 The council's decision to require modification under 10 • 02/18/93 [REVISOR ] JMR /CA 93 -1872 1 section 473.175 may be contested by the affected local 2 governmental unit. The unit shall have 60 days within which to 3 request a hearing on the council's decision to require 4 modification. If within 60 days the unit has not requested a 5 hearing, the council shall make its final decision with respect 6 to the required modifications. If an affected unit requests a 7 hearing, the request for hearing shall be granted, and the 8 hearing shall be conducted within 60 days by the state office of 9 administrative hearings in the manner provided by chapter 14 for 10 contested cases. The subject of the hearing shall not extend to 11 questions concerning the need for or reasonableness of the 12 council's estimates of population, employment, or housing needs, 13 the metropolitan system plans, other portions of the 14 metropolitan development guide, or any part thereof. In the 15 report of the administrative law judge the costs of the hearing 16 shall be apportioned among the parties to the proceeding. 17 Within 30 days after the receipt of the report the council 18 shall, by resolution containing findings of fact and 19 conclusions, make a final decision with respect to the required 20 modifications of the comprehensive plan. Any party to the 21 proceeding aggrieved by the decision of the council may appeal 22 to the court in the manner provided in chapter 14 for contested 23 cases. The record on appeal shall consist of: (1) the 24 administrative law judge's record and report, and (2) the 25 findings, conclusions and final decision of the council. The 26 scope of review shall be that of section 14.69, provided that: 27 (1) the court shall not give preference to either the 28 administrative law judge's record and report or the findings, 29 conclusions and final decision of the council, and (2) the 30 decision of the court shall be based upon a preponderance of the 31 evidence as contained in the record on appeal. The costs of the 32 appeal shall be apportioned by the court. 33 Sec. 11. [473.873] [CIVIL ACTIONS.] 34 Any resident of the metropolitan area, anv partnership, • 35 corporation, association, organization, or other legal entity 36 having shareholders, members, partners, or employees residing in 11 ( 12 fees 13 subst 14 15 02/18V93 [REVISOR ] JMR /CA 93 -1872 1 the metropolitan area, and any political subdivision of the 2 state may maintain a civil action in the district court in 3 Ramsey county for declaratory or equitable relief against the 4 metropolitan council, a metropolitan agency, a local 5 goverimental unit, or a school district for any alleged 6 viola:ion of sections 473.121 to 473.249 or 473.851 to 473.872. 7 In an action maintained under this section, the plaintiff shall 8 have the burden of proving by a preponderance of the evidence 9 that a violation exists. In issuing a final order in an action 10 maintained under this section, the court may award costs of 11 litiq tion including but not limited to reasonable attorney's nd fees for expert witnesses to any party who prevails or ntially prevails. ec. 12. [APPLICATION.] ections 2 to 11 of this act apply the counties of Anoka, 16 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 12 1993 -94 SENATE METROPOLITAN & LOCAL GOVERNMENT COMMITTEE, MEETS: TIME: WHERE: MEMBERS: STAFF: 12/22/92 Monday, Wednesday and Thursday. 2:00 - 4 :00 pm 107 State Capitol Sen. Betty Adkins, Chr. Sen. Ted Mondale, V.C. Sen. Don Betzold Sen. Dick Day Sen. Carol Flynn Tax Div. Chair Sen. John Hottinger Tax Div. V.C. Sen. Jerry Janezich Sen. Keith Langseth Sen. Bob Lessard Sen. Ed Oliver Sen. Sandy Pappas Sen. Pat Pariseau Sen. Martha Robertson Sen. Linda Runbeck Sen. Deanna Wiener 309 Cap. 309 Cap. G -24 Cap. 105 SOB G -29 Cap. G -29 Cap. 328 Cap. G -24 Cap. 111 Cap. 121 SOB G -27 Cap. 109 SOB 125 SOB 107 SOB 303 Cap. Sandie Wood, Adm. Asst. 309 Cap. Dan McGowan, Counsel G -17 Cap. Jill Schultz, Research G -17 Cap. Sherry Tyler, Comm. Sec. 309 Cap. Robynn Bruce, Sec.to V.C.309 Cap. Jeffrey Bland, Clerk /Pg. 309 Cap. 296 -5981 297 -8065 296 -2556 296 -9457 296 -4274 296 -6153 296 -8017 296 -3205 296 -4136 296 -4837 296 -1802 296 -5252 296 -4314 296 -1253 297 -8073 296 -2011 296 -4397 296 -7680 296 -5981 297 -8065 297 -8065 Staff: SUBCOMMITTEE ON INTERGOVERNMENTAL RELATIONS 9 Chair: Hottinger Adkins, ex officio Day Flynn Janezich Langseth Lessard Pariseau Runbeck Staff: Rim Nuckies, Secretary SUBCOMMITTEE ON METROPOLITAN AFFAIRS 8 Chair: Mondale Adkins, ex officio Betzold Flynn Oliver Pappas Robertson Wiener Staff: Robynn Bruce, Secretary TAX DIVISION OF METROPOLITAN AND LOCAL GOVERNMENT 9 Chair: Flynn Vice Chair: Hottinger Members: Adkins Lessard Mondale Oliver Pappas Pariseau Runbeck Gary Pagel, Legislative Assistant Marge Romero, Division Secretary DONALD L. BEBERG CHIEF OF POLICE 93-15 THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT 1:. -. INI C) flR d h Nil H'_D li P 1 TO: NILE KRIESEL FROM : D.L. BEBERG , CHIEF OF POLICE DATE: FEBRUARY 25, 1993 RE: LEO MILLER I SUGGEST THE FOLLOWING FOR HOURLY WAGES FOR LEO MILLER IN HIS CAPACITY AS A PART —TIME POLICE INVESTIGATOR: When we have him work for this department 1 ask that his pay rate be $15.00 per hour and without benefits. When he is called back to go to court on a case he has /had while he was employed here as a full -time officer 1 ask that he be paid the same hourly rate ($19.10) that he was receiving while he was employed on full-time status. This, by the way, has been past practice when calling officers back for court. Note to Council: I would ask Council to adopt a resolution setting Leo Miller's compensation based on Chief Beberg's recommendation as follows: $19.10 for work related to pre- retirement cases. $15.00 for work related to post - retirement cases. 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 • • DAVID T. MAGNUSON ERIC C. THOLE DTM /sls MAGNUSON & THOLE LAW OFFICE LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 MEMORANDUM Legal Assistants Gail A. Mahr Shelley L. Sundberg TO: Mayor and City Council/ Nile Kriesel, City Coordinator Ann Pung- Terwedo, Assistant Community Development Director FROM: David T. Magnuson, City Attorney DATE: February 23, 1993 RE: Grover Simms Personal Property In order to make the Grover Simms house more attractive for the public sale, it is necessary to clean up the premises. On December 15, 1992, the lawyers for Simms asked for thirty days to remove the personal property from the premises, but as of the date of this letter, no action has been taken by Simms and the substantial mess still remains. • The statutes provide that if the property owner does not remove personal property within a reasonable time, the governing body may sell the same at public auction or if the property is without appreciable value, the governing body may destroy the same. This may be done at public auction upon three days' posted notice. However, it might make more sense to publish a notice of the auction even though it isn't required by law. We are entitled to deduct the costs of the clean -up and the auction from the proceeds of the auction and then we must deposit the excess proceeds with the Court, if there are any to be disbursed to Simms. We ask the order of the City Council directing this action to be taken. • SPECIAL MEETING February 1, 1993 The meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Absent: None STILLWATER CITY COUNCIL MINUTES Also Present: City Coordinator Kriesel City Attorney Magnuson Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette 4:30 p.m. Others: Jim Junker, Chad Junker, Bob Fritts, Richard Kilty CONTINUED DISCUSSION OF SOLID WASTE ISSUES Council held a workshop meeting with Junker Sanitation to continue discussion of solid waste items related to the volume based fee system. City Coordinator Kriesel reported that Bob Fritts has been selected by the City Council and Bill Herzog has been selected by Junker Sanitation to serve on the new Dispute Resolution Committee. Mr. Fritts and Mr. Herzog will select a third impartial member for the committee. Items No. 1, Fees for Bed and Breakfast operations, and No. 2, Fees for Charter Oaks will be referred to the Dispute Resolution Committee. Mr. Junker disagreed that Item No. 2 should be decided by the Dispute Resolution Committee. He stated that this is a contract issue. Council and Mr. Junker agreed that the city clean -up should be eliminated because of the number of problems with non- residents attempting to dump their trash at the dump site. The dump would continue to be opened the first Saturday of each month for dumping of brush only. Council discussed possible negotiation of the existing contract between the City and Junker Sanitation. Motion by Councilmember Kimble, seconded by Councilmember Cummings to direct the City Coordinator and City Attorney to negotiate contract changes with Junker Sanitation. (All in favor) Stillwater City Council Minutes Special Meeting February 1, 1993 ADJOURNMENT Motion by Councilrnember Kimble, seconded by Councilmember Bodlovick to adjourn the meeting at 7:30 p.m. (All in favor) ATTEST: Submitted by: Shelly Schaubach Recording Secretary CITY CLERK MAYOR • • • • • REGULAR MEETING Present: Absent: Also Present: Press: Mayor Hooley STAFF REPORTS 1. Public Works Director - STILLWATER CITY COUNCIL MINUTES February 16, 1993 The Meeting was called to order by Council Vice President Funke. Councilmembers Bodlovick, Cummings, Funke, and Kimble. City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Fire Chief Seim City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press 1 7:00 P.M. Others: Stella Casanova, Kirk Roetman, Marguerite Rheinberger, Richard Kilty, Richard Chilson, Mr. & Mrs. Hubbard. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Marguerite Rheinberger - Sesquicentennial Committee Hotline Marguerite Rheinberger, representing the Sesquicentennial Committee, announced that the Committee has a "hotline" (439 -1993) with a recording of activities being held during the year. Interested parties should call before mid - March. APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the minutes of the Special Meetings of January 25 & 26, 1993; and Regular & Recessed Meetings of February 2, 1993 as presented. (All in favor). Redirection of Drainage on Lot 8 - Hazel Ct. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to authorize the Public Works Dept. to install a manhole and piping to redirect drainage away from Lot 8 on Hazel Ct. (All in favor). Repair of Sanitary Sewer Connection on No. Fourth St. Motion by Councilmember Kimble, seconded by Councilmember Cummings directing the Public Works Dept. to proceed with repair of a sanitary sewer connection at 1100 No. Fourth St., at a cost of approximately $2,000 to $3,000, and Stillwater City Council Minutes February 16, 1993 Regular Meeting directing the City Attorney to determine what action is necessary to recover the costs of this project (All in favor). 2. Community Development Director - No report. 3. Consulting Engineer - No report. 4. Fire Chief - Purchase of Carry -All Vehicle Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the low quote for purchase of a new carry -all vehicle for the Fire Dept., with new radio, and direct City Staff to negotiate with local dealers to see if they can meet the low quote. (All in favor). Possible Storage of Lakeview Hospital Ambulance Motion by Councilmember Kimble, seconded by Councilmember Cummings to give concept approval to Fire Chief Seim to negotiate with Lakeview Hospital regarding the housing of an ambulance in City facilities during reconstruction of the Hospital, with presentation of a report to Council. (All in favor). PUBLIC HEARINGS 1. This is the day and tfine for the continuation of the Public Hearing to consider a 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., Case No. SUP /93 -6, Todd Weiss, Applicant Notice of the heating was published in The Gazette on January 22, 1993 and mailed to affected property owners. Todd Weiss, General Manager of the Freighthouse, stated he has been working with the Heritage Preservation Commission /Design Review Committee and the tent structure has been eliminated. However, they are requesting to expand the deck - rot receptions, etc. Community Development Director Russell explained that the Planning Commission originally reviewed the request and referred it to the Heritage Commission for design review. He proceeded to address the conditions of approval, which shall be in place before the deck is used. Both the Planning Commission and Design Review Committee recommended approval. Council Vice Presiders; Funke closed the Public Hearing. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick to approve a Special Use Permit for a 2,400 sq. ft. expansion of the deck at the Freight House located at 305 So. Water St. in the CBD, Central Business Dist., as conditioned, Case No. SUP /93 -6, Todd Weiss, Applicant. (All in favor). 2 • • • Stillwater City Council Minutes • February 16, 1993 Regular Meeting • • UNFINISHED BUSINESS 1. Update on Levee Wall Reconstruction & Extens-ion Flood Control Project and request for engineering services. Consulting Engineer Moore presented background information on deterioration of the Levee Wall over the years. In the 30's the wall did not have a permanent footing and the erosion protection wall was built to protect the main wall. A study was done in 1991 for ways to upgrade the wall for erosion control only. The DNR did agree to a phased program for rebuilding the wall. The Corps of Engineers is still looking at erosion protection and not flood control. A complete study would cost approximately $38,000. If this project were mandated by Congress, they would have to proceed with the study and the Corps of Engineers stated they would not start addressing flood control at this time. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to direct Community Development Director Russell and City Engineer Moore to continue working with Legislative Consultant Cain on the Levee Wall project. (All in favor). 2. Request for Council Workshop with Washington County Public Works Dept. to discuss plans for 1994 improvement of County Road 5 from Croixwood Blvd. to Highway 36. 3. Request for Council Workshop for March 9, 4:30 P.M. to update Council on plans for use of the Jr. H.S. site for CUB Office Building. Council concurred with the request to set a workshop date for March 9, 1993 at 4 :30 P.M. with Cub Foods regarding relocation plans; and at 6:00 P.M. with Washington County regarding plans for upgrading County Road 5 from Croixwood Blvd. to Hwy. 36. 4. Mn /DOT offer to sell excess right -of -way along No. Main St. to the City of Stillwater. Mr. Russell explained the offer, stating the property is located in front of the Desch Building and Domino's Pizza Building. The state's proposed sale price is $33,887. Mr. Russell suggested that Council drop interest in the land or submit a lower offer. Discussion followed. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble directing the City Attorney to attempt negotiations with Mn /DOT regarding possible purchase of excess right -of -way along No. Main St. adjacent to the Desch Building. (All in favor.) NEW BUSINESS 1. Resolution establishing Stillwater Sesquicentennial Committee. Mr. Kriesel explained the concerns that were raised regarding responsibilities of this Committee and that they should be set forth in 3 Stillwater City Council Minutes February 16, 1993 Regular Meeting written form; also that any solicitation of contributions and expenditures of funds need approval of the Committee and Council. Marguerite Rheinberger, a member of the Committee, stated she agrees with the resolution, but as:ed Council to consider appointing a liaison. She also stated a concern that all money should go directly to the City. Discussion followed. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution establishing the Stillwater Sesquicentennial Celebration Committee and delineating responsibilities. (Resolution No. 93 -36) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None 2. Approval of Driveway License on public property, with municipal utilities thereon, for Robert Troyer & William Hubbard at Third & Hazel Streets. Motion by Councilmember Bcdlovick, seconded by Councilmember Kimble to adopt the appropriate resolutior approving the Driveway License for the Hubbard and Troyer properties on No. Third St., south of Hazel St. (Resolution No. 93 -37A & B) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None 3. Discussion of City support for proposed New Charter School. Councilmember Funke noted that Denny Meyer is requesting a letter in support of establishm nt of this school. Discussion followed regarding the type of school pr posed and whether monetary support is involved. Council suggested tha Mr. Meyer be contacted regarding scheduling a workshop for further iscussion. 4. Receive Bids for Sout Main Lift Station. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution awarding the bid for the So. Main St. Lift Station valve and pump replacement to Richmar Construction, Inc. in the amount of $28,360. (Resolution No. 93 -38) Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None 5. Consideration of Parking Control District. Mr. Russell presented a report detailing the amount of parking area created over the last two years, stating most of the projects have been paid by using Tax Increment Funding. However, these funds cannot be used for maintenance. Downtown business has intensified and parking demand 4 • • • Stillwater City Council Minutes • February 16, 1993 Regular Meeting increased. Therefore, he suggested creating a Downtown Parking District and that Staff work with the newly created Downtown Parking Commission. Further discussion followed. Motion by Councilmember Cummings, seconded by Councilmember Bodlovick directing City Staff to establish the Downtown Parking Commission; and work with this newly formed Commission on the establishment of a Downtown Parking District. (All in favor). CONSENT AGENDA Motion by Councilmember Cummings, seconded by Councilmember Kimble to approve the Consent Agenda of February 16, 1993, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 93 -35). Ayes - Councilmembers Bodlovick, Cummings, Funke and Kimble. Nays - None 2. The following Contractors Licenses. Suburban Lighting, Inc. Sign Erection Renewal 6077 Lake Elmo Ave. No. Stillwater, Mn. 55082 • 3M Company General Contractor Renewal 900 Bush St. St. Paul, Mn. 55133 3. Submission of Claim from Shirly Johnson for towing charges to Ins. Agent. 4. Set Public Hearing date of March 2, 1993 for the following Planning Cases: a. Case No. V/93 -8 - Variance to the Sign Ordinance for placement of a 3 ft. by 6 ft. lighted marque sign located at 920 W. Olive St. (Nelson's Ice Cream Store) in the RB, Two - Family Residential Dist., Robert C. Pasket, Applicant. b. Case No. SUP /93 -9 - Special Use Permit to conduct a beauty salon business (nails only) in a residential structure at 121 So. Owens St. in the RB, Two - Family Residential Dist., Heidi B. Colleran, Applicant. c. Case No. V/93 -10 - Variance to the Parking Ordinance for an 850 sq. ft. restaurant use in an existing structure at 317 So. Main St., (River Exchange Bldg.) located in the CBD, Central Bus. Dist., Scott Zahren, Applicant. d. Case No. SUP /93 -11 - Minor Subdivision of a 1.26 acre vacant parcel of land known as Lots 1, 2, 3, 4, 5, 6 & 13, Block 14, Sabin's Add., into three separate parcels located east of Sherburne St. & north of W. Linden St. in the RB, Two - Family Residential Dist., Doug & Mary Christensen, Ron & Eloise Zaniewski & Agnes Mowry, Applicants. • 5 Stillwater City Council Minutes February 16, 1993 Regular Meeting e. Case No. V/93 -12 - Variance to the Sign Ordinance for the placement of a 50 sq. ft. free - standing sign, 20 ft. in height, at 2289 Croixwood Blvd. (Brooks Food Narket) located in the CA, Gen. Comm. Dist., Suburban Lighting, Applicant. COUNCIL REQUEST ITEMS Forward Claim to Insurance Co. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to send the claim from John Degnan regarding auto damage from a pothole on Pine St. to the insurance company. (A in favor). STAFF REPORTS City Coordinator Speed Limits on County /State Roads Approaching Stillwater Motion by Councilmember Kimble, seconded by Councilmember Cummings to authorize Staff to work wi the County and State personnel regarding road speed limits on State /County roads approaching the Stillwater City limits. (All in favor). Executive Session Mr. Kriesel requested the Council adjourn to Executive Session, after the meeting, to discuss a labor relations matter and Council concurred. COMMUNICATIONS /REQUESTS 1. Scott Renne, County Assessor - Confirmation of 1993 Local Board of Review schedule. Council took note of this communication. 2. Milo Mortenson, BWBR - Review of events, of City Council Meeting of Feb. 2, 1993, as they concern the St. Croix Valley Clinic. Council concurred with this item. 3. Stillwater Area Schools - Support of the D.A.R.E. Program. Council noted this letter. ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Cummings to adjourn the meeting to Executive Session at 8:20 P.M. (All in favor). ATTEST: CITY CLERK 6 ACTING MAYOR • • • Stillwater City Council Minutes III February 16, 1993 Regular Meeting • • Resolutions: No. 93 -35 - Directing Payment of Bills. - No. 93 -36 - Establishing Sesquicentennial Committee and duties. No. 93 -37 - Granting Driveway License for Hubbards & Troyers. No. 93 -38 - Award of Bid for So. Main Lift Station to Richmar Construction. 7 • • ALBERT E. RANUM KARL M. RANUM ERIC J. RANUM February 22, 1993 Ms. Mary Lou Johnson City Clerk City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: March 2, 1993 City Council Meeting Dear Ms. Johnson: Please accept this correspondence as a request that my client and I be placed on the Agenda for the March 2, 1993 City Council Meeting scheduled at 7:00 p.m. I have presently been retained to represent Gerald B. Kalish in an effort to resolve and correct an existing fence located between property owned by Mr. Kalish and his neighbor, Richard Edstrom, said fence presently being erected in violation of City Ordinances and Building Codes, in violation of a previously granted variance, and without proper permit or final inspection. This matter has been before the Council on several previous occasions but no resolution has been reached. It is our intention to come before the Council to seek clarification of any assistance that might be rendered to Mr. Kalish by the Council as well as determine the City's official stance and position on enforcement of the Ordinances relevant and applicable to the existing violations. I respectfully request some short note or correspondence confirming that this matter has been set on the Agenda before the Council for the March 2, 1993 Council Meeting. Very truly yours, KMR /tlr Karl M. Ranum RANUM LAW OFFICES, P.A. 104 NORTH MAIN STREET STILLWATER, MINNESOTA 55082 TELEPHONE (612) 439 -4143 • • • PLANNING APPLICATION REVIEW CASE NO. V/93 -8 Planning Commission Meeting: February 8, 1993 Project Location: 920 West Olive Street Zoning District: RB, Two Family Residential District Applicant's Name: Robert Pasket Type of Application: Variance. PROJECT DESCRIPTION AND DISCUSSION: The request is to place a 3 ft. by 6 ft. portable sign on Nelson's Ice Cream Store lot. The store is located in a residential district and currently has a plyon sign and wall sign. The sign that is proposed is currently on the site facing Greeley Street. It appears temporary without site landscape or other improvements. The sign has been used to advertise specials and products sold on site. STAFF RECOMMENDATION: Denial. ATTACHMENT: Application. PLANNING COMMISSION RECOMMENDATION: Denial. NOTICE IS HEREBY GIVEN, that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, March 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a request from Robert C. Pasket for a Variance to the Sign Ordinance for placement of a three foot by six foot lighted marque sign. The property is located at 920 West Olive Street (Nelson's Ice Cream Store) in the RB, Two Family Residential District. Case No. V/93 -8. All persons wishing to be heard with reference to this request will bE heard at this meeting. Publish: iliwater THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING VARIANCE REQUEST Mary Lou Johnson City Clerk CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 • • Y ° 6 � Case Number ' CASE NUMBER SUP/93 -P Owner: Name r PLANNING ADMINISTRATIVE FORM S" Street Location of Property: + ,70 « ��• Legal Description of Pro ortys srais-2-- C/r./ Phone: Applicant (if other than owner): Name Address Phone: Typo of Request: Address /2625" ___ Rezoning ___ Special Use Permit ___ Approval of Final Plat Varia ce L.__ Other �- Descrip� ion of , Request: 4, Date of Public Hearing: NOTE: Sketch of proposed property and structure to be dra'yn,on back of;; tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set- backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the • following conditions: Comments; (Use other side), Signature of Applicant: Fee Paid #7d Date Filed 1/ -3 • 4/.3Q 359$ ___ Approval of Preliminary Plat (date) • The undersigned ask the City of Stillwater to NOT grant a zoning variance for use of an 18 square foot lighted marquee sign by Nelson's Ice Cream Store (Case No. V/93 -8). Such a sign is inconsistent with the residential character of the surrounding neighborhood which is designated as a Two Family Residential District. Granting the requested variance would be a dramatic departure from existing zoning intended to preserve the property value and quality-of- life in our residential neighborhoods. NAME _ ADDRESS ( C A Y // `+' Xat,(46.0 Cc5 PETITION OR s qo • dl v, fezi it) dal cJ• a -1 -- „dr ion eu✓t . W • • The undersigned ask the City of Stillwater to NOT grant a zoning variance for use of an 18 square foot lighted marquee sign by Nelson's Ice Cream Store (Case No. V/93-8). Such a sign is inconsistent with the residential character of the surrounding neighborhood which is designated as a Two Family Residential District. Granting the requested variance would be a dramatic departure from existing zoning intended to preserve the property value and quality-of- life in our residential neighborhoods. NAME , 1 Q 1 4 - 447 //' 44.444-s44.,t, fig ). 40.4■ PETITION ADDRESS s Ow-ts.13 e/3 w. 0.6;tAk_ A z id* la_Lehee • • The undersigned ask the City of Stillwater to NOT grant a zoning variance for use of an 18 square foot lighted marquee sign by Nelson's Ice Cream Store (Case No. V/93 -8). Such a sign is inconsistent with the residential character of the surrounding neighborhood which is designated as a Two Family Residential District. Granting the requested variance would be a dramatic departure from existing zoning intended to preserve the property value and quality -of- life in our residential neighborhoods. • kAt ../?, .45e-/ NAME ADDRESS e iseelA t ,,,efjo.rria.tv..,..-� /.. PETITION zoc, s. wzAs zi)ly 5. QU.r f. 1/7 S, A"CAA` 1R4 se eV4icere. 3( 5. flwvJv$ /0Q/ v � r 1 /7V /. /,.v g i7 • • • PLANNING APPLICATION REVIEW CASE NO. SUP /93 -9 Planning Commission Meeting: February 8, 1993 Project Location: 121 South Owens Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Heidi Colleran Type of Application: Special Use Permit PROJECT DESCRIPTION A Special Use Permit to conduct a beauty salon business (nails only). DISCUSSION: The request is to conduct a beauty salon (nails only) in a home. The home is located on Owens Street between Olive and Myrtle Streets. Ms. Colleran has stated in her application form that she will be the only employee and will have no more than two (2) customers at a time which will require two (2) parking spaces. The site can accommodate these cars in the driveway. Since vehicular traffic on this portion of Owens Street is quite busy, cars should park on the site. Ms. Colleran has not indicated the amount of deliveries to the home. CONDITIONS OF APPROVAL: 1. No signage is allowed. 2. Any modification to this permit, or intensification of use, will require an amendment to this Special Use Permit. 3. All cars shall park on -site. STAFF RECOMMENDATION: Approval as conditioned. FINDINGS: The proposed use will not be injurious to the neighborhood or otherwise detrimental to public welfare. ATTACHMENTS: - Application Form. PLANNING COMMMISSION ACTION: Recommended approval with conditions. CASE NUMBER following conditions: ___ Variance Comments: (Use other side), Case Number Fee Paid - Date Filed _ 1 93 PLANNING ADMINIS f RAT IVE FORM Street Location of Property: .A 1 (E Legal Description of Property; . ._ltz iz �r_.e.,C / 421kr_S Add Owner: Name 2 � tive� ST " Phone: _7_� -' 9= l=.SsJ Address 2J - 1 Applicant (if other than owner): Name Address 2!12.5 Phone: _ Approval of Preliminary Plat Type of Requests ;__ Rezon'f ng - - pp Special Use Permit ___ Approval of Final Plat Other __ _ _rQ01?2 in_m4_hQ _ Description of Request: _��- ��. _00 sc r . .t'1_ l x?_L.rs_hr2 _Logr --)L1 tne onT y e rnpioy e Signa of Applicant: Date of Public Hearing: NOTE: Sketch of proposed proper y and structure to be dra'yn.on back of this fo � Z E �•: tached, showing the fo110 ing: 1. North directio . 2. Location of proposed structure on lot. 3. Dimensions of front and side set- backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of ac.jacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the 'Planning Commission on (date) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the • • • . k Publish: fl_lwa THE BIRTHPLACE OF MINNESOTA - NOTICE OF PUBLIC HEARING SPECIAL USE PERMIT REQUEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, March 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a request from Heidi B. Colleran for a Special Use Permit to conduct a beauty salon business (nails only) in a residential structure at 121 South Owens Street in the RB, Two Family Residential District. Case No. SUP /93 -9. 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 • • PLANNING APPLICATION REVIEW CASE NO. V/93 -10 Planning Commission Meeting: February 8, 1993 Project Location: 317 South Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Scott Zahren Type of Application: Variance PROJECT LOCATION: A variance to the Parking Ordinance for a 850 square foot restaurant space in the River Exchange Building. DISCUSSION: The request is to open a small restaurant on the first level space of the River Exchange Building facing Water Street (formerly Sherstad Woods). The proposal is for serve -up counter type restaurant which sells beer and wine. The parking demand for this use is approximately nine (9) spaces. This site has no on -site parking. This area of Downtown Stillwater experiences the peak • demand for parking. The owners of the building should be made aware that they are adding to the parking problem in the Downtown without paying for the burden on these facilities. CONDITIONS OF APPROVAL: 1. Any signage proposed shall meet within the guidelines of the Sign Ordinance. All signage must be reviewed by the Heritage Preservation Commission. 2. The Building Official shall inspect the area in order to determine the maximum occupancy load for the space. If it is lower than 35 persons, then the Building Code shall prevail. RECOMMENDATION: Approval as conditioned. FINDINGS: The proposal does not meet the regulations of the Parking Ordinance. ATTACHMENTS: - Application Form. - Site Plan. PLANNING COMMISSION RECOMMENDATION: Approval with conditions. A416%.. •L*./¼J CASE NUMBER7073 - * JO - ; Street Location of Property: Address Case Number 70 Fee Paid Date Filed l b ' PLANNING ADMINISTRATIVE FORM Legal Descriptroperty: Owner: Name /e Address fo - kc2/ fc 711 Applicant if other than OWE r): Name Phone: 1 ( 3 Phone: Type of Request: ___ Rezoning ___ Approval of Preliminary Plat __ Special Use Permit Approval of Final Plat __ Variance Other Description of Request; je7z5--4/21' Ad:( d ce9a following conditions: Comments: (Use other side). Signature of Applicant: Approved ___ Denied ___ by the Council on subject to the Date of Public Hearing: NOTE: Sketch of proposed property and structure to be dravn.on back of this form or at- tached, showing the following: 1. North directicn. 2. Location of proposed structure on lot. 3. Dimensions of front and side set-backs. 4. Dimensions o proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. 0-944 Approved ___ Denied ___ by the 'Planning Commission on te) subject to the following conditions: 177 ..N' • ' "." * ;SS • • ; • , g lkitc. I " . Uti. } II � ylYl�l■ Il � l e��l� ' 141,10 I, JR j THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR D CITY COUNCIL FROM: ANN PU G- TERWEDO DATE: FEBRUARY 12, 1993 SUBJECT: SEATIN3 CAPACITY FOR RESTAURANT USE /317 SOUTH MAIN STREET - CASE NO. V/93 -10. The proposed re$taurant space at 317 South Main Street was measured by City Official on February 10, 1993. Based on the square footage of the area, the occupancy is 29 persons. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • Publish: il Water. THE BIRTHPLACE OF MINNESOTA VARIANCE REQUEST NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, March 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a request from Scott A. Zahren for a Variance to the Parking Ordinance for an 850 square foot restaurant use in an existing structure at 317 South Main Street (River Exchange Building). The property is located in the CBD, Central Business District. Case No. V/93 -10. 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 • • • PLANNING APPLICATION REVIEW CASE N0. SV/92 -58 Planning Commission Meeting: December 14, 1992 Project Location: Unimproved Meadowlark Drive, east of Center Street. Comprehensive Plan District: Multi- Family Residential. Zoning District: RB, Duplex Residential Applicant's Name: Madeline Connelly Type of Application: Street Vacation PROJECT DESCRIPTION: Request to vacate unimproved Meadowlark Drive easement between South Center Street and North Sherburne Street (unimproved). DISCUSSION: This item was heard by the Council at their meeting of January 19, 1993 and referred back to the Commission for further consideration. Since that referral, the applicant has requested withdrawal of the Street Vacation request and approval of the resubdivision request (SUB /93 -11). RECOMMENDATION: Acceptance of the request for withdrawal of SV/92 -58. ATTACHMENT: Letter of Withdrawal. PLANNING COMMISSION RECOMMENDATION: Accept withdrawal. 1 • M PLANNING APPLICATION REVIEW CASE NO. SUB /93 -11 Planning Commission Meeting: February 8, 1993 Project Location: West of Sherburne Street and North of West Linden Street. Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Douglas and Mary Christensen, Ron and Eloise Zaniewski andf Agnes Mowry. Type of Application: Minor Subdivision. Project Description and Discussion: The request is to resubdivide portions or all of Lots 1, 2, 3, 4, 5, 6, and 13, Block 14, Sabin's Addition, into three irregular shaped parcels that would be combined with three adjacent properties. Because of the irregular shape of the proposed parcels and the lack of access to the parcels it is recommended that if the subdivision is approved, a development restriction be placed on the lots not allowing development. The irregular shaped lot pattern being proposed would not be approved for subdivision. RECOMMENDATION: Approval with conditions. CONDITIONS OF APPROVAL: 1. A Certificate of Survey with legal descriptions of the resubdivided property shall be prepared before final approval. 2. A deed restriction shall be placed on there resubdivided land that prohibits the construction of structures on the subdivided land. PLANNING COMMISSION RECOMMENDATION: Approval with conditions. NOTICE OF PUBLIC HEARING MINOR SUBDIVISION y of NOTICE IS HEREBY GIVEN that the o on yl March 2, 11993 Counci of the Stillwater, Minnesota will meet to 7:00 P.M. in the Council Chambers of City H al l and to consider a regUest from Doug and Mary Christensen, Eloise Zaniewski and Agnes Mowry for a Minor Subdivision of 4 Sab a 1.26 acre va parcel land Addition, naknown Lots into,three, (3) 5, 6 and 13, Block 14, separate parcels. The property is located east of Sherburne Street and north of West Lin n S n the RB, Two Family Residertial District. Case persons wishing to be heard with reference to this request will be heard at this meeting. Mary Lou Johnson City Clerk Publish: CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 r M • January 22 1993 Planning commission City of Stillwater 216 North 4th Street Stillwater, Mn, 55082 Re:McKusick lake lot sub - division To whom it may concern, Thank you for your consideration, Sincerely, Agnes Mowry Douglas and Mary Christensen 1104 Meadowlark Drive, 415 North Center Street Stillwater, Mn. Stillwater,Mn. la 2a Ronald and Eloise Zaniewski 1112 Linden Street Stillwater,Mn. 3a We the home owners of the below listed properties request that the City of Stillwater allow us to sub - divide the vacant parcel of land known as Lots 1,2,3,4,5,6 & 13 Block 14 Sabins Addition to the City of Stillwater into 3 separate parcels. The purpose of this request is the desire for each of us to own a portion of this property that adjoins our existing homesteads so that we can preserve the wet lands and prevent any future possibilities of development. We are all in agreement on this point and would have no problem with the City making this request for sub - division subject to language being added to our new legal descriptions forever making these 3 parcels non - buildable. I f you approve this request it a l s o address the issue of Mrs. Agnes Mowry ( 1104 Meadowlark Drive ) not having an easement to her property being she will now own the parcel her driveway is on. We are not requesting that the extension of Meadowlark Drive be vacated. This will maintain harmony in our neighborhood, and should satisfy the other property owners who had opposed this previous request. Please review the enclosed site drawing for reference as to how we propose the property be divided. • CASE NUMBER PLANNING ADMINISTRATIVE FORM Street Location of Property:92,...2 /s.i -4 4, &;) 1 41.tidit Logal Description of Property; Owner: Name Address Phone: Applicant (if other than owper): F • 'Address L II5 1) • 7 (u_A-vi- Phone: 61 .3g -9t 032 Typo of Request:. ___ Rezoning Spocial Use Permit -__ Variance Description of Request: • Comments: (Use other side), r Signature of Applicant: Casa Numbord..4.6 Fee Paid Date Filed /AR j \ \(_;- ___ Approval of Preliminary Plat ___ Approval of Final Plat Other " • 1 DI Date of Public Hearing: NOTE: Sketch of proposed property and structure to be dravia.on back a tnfs forrior at- tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set-backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjcent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the 'Planning Commission on (date) subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the following conditions: • • • • Stillwater Planning Commision Stillwater City Council Stillwater, Mn. 55082 February 8, 1993 We the undersigned and we the adjacent landowners totally support Sub 193 -11 a minor subdivision of 1.26 acre vacant parcel of land known as, Tots 1,2,3,4,5,6, and 13, Block 14; Sabin's addition into three (3) separate parcels . We consider this parcel of land "wetland" and inadequate for building, it should remain open space. We the undersigned wish to have this parcel of subdivided land remain a habitat and refuge for wildlife in the area. Mrs. Dorothy Ecker 503 N. Center St. tillwater, M David ab'd Marilyn Haak 504 N. Owens St. Sti water M44 Mr. Ga Thompson 1016 W. Linden St. Stillwater Mn. A0H Ron end Eloise Zaniewski 1112 W. Linden St. StillWat = , n. X Ron and Jenny Lamone 408 N. Owens St. Stillwater, n. l tk t I /41 GVA. Mrs. Agnes Mowery 1104 Meadowlark Dr. Sti ter, M -� Mrs. Jeff Brown 518 N. Owens St. Sti !water, Mn. Ken and Mary Jo Kress 403 N. Sherbourne St. Stillwater, Mn Ms. Carolyn Johnson 1118 W. Linden St. Stillwater, Mn. ary and Doug Christensen 415 N. Center St tillwater, iyn, oe ,r4 0111 • G) I/ 7 a • • • • f _g i s „ •• • ■... •... ..,,. «.� • • • Proposal for McKusick Lake lot sub - division As out lined on this plat drawing the home owners are the numbers with a letter following. la - Agnes Mowry 1104 Meadowlark Drive Stillwater, Mn. 2a - Douglas and Mary Christensen 415 North Center Street Stillwater, Mn. 3a - Ronald and Eloise Zaniewski 1112 Linden Street Stillwater, Mn. What we are proposing is that the city allow us to sub - divide the existing parcel of land into 3 separate parcels (numbered to correspond to adjoining homesteads ) The extension of Meadowlark Drive would remain a dedicated roadway. 01(.1 .... ........... ;03 ' 4 r L 4 1124 nib . ...... . .... . 7 "" ... ":: .... f ..... 111=1111111111011111 1 1111• PUN IL111111.111•1111 4111111U11.1111 MIME •••■••••••■11■/ McKUSICK LAK6 - .6./ (er•o...1 - fr6o0P Sq (toe 1fr. ) -or-0.cr4r v Iv' 'Nor LP eta STRe61" — — 1,464by 40$ • • PLANNING APPLICATION REVIEW CASE NO. V/93 -12 PLANNING COMMISSION MEETING: February 8, 1993 Project Location: 2289 Croixwood Blvd. Comprehensive Plan District: Commercial Zoning District: CA, General Commercial Applicant's Name: Suburban Lighting, Inc. Type of Application: Variance PROJECT DESCRIPTION: Variance to the Sign Ordinance to allow replacement of a third 120 square foot sign with a 50 square foot sign. DISCUSSION: The request is to remove and replace an existing 24 foot tall, 120 square foot sign, with a 50 square foot, 20 foot tall sign. The Variance is required because Brooks Food Market has three signs, two signs are allowed, one for each street frontage, County Road #5 and Croixwood Blvd. The Variance is required because the existing sign will be removed and a new sign installed. The new sign will improve the non - conforming condition by reducing sign size and increasing the setback from County Road #5. The sign being proposed is the same as the Downtown "FINA" sign. RECOMMENDATION: Approval. ATTACHMENT: Application. PLANNING COMMISSION RECOMMENDATION: Approval. THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING VARIANCE REQUEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, March 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a request from Suburban Lighting for a Variance to the Sign Ordinance for the placement of a fifty square foot free - standing sign, twenty feet in height, at 2289 Croixwood Boulevard (Brooks Food Market). The property is located in the CA, General Commercial District. Case No. V/93 -12. • 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 • l.aSU Vie& Fee Paid X7 i CASE NUMBER V/93 /..Z., Date Filed / 7 1 3 / • PLAITING ADMINISTRATIVE FORM subject to the following conditions: Comments: (Use other side), Street Location of Property: Logal Description of Property: Owner: Name _, � S em v .9 it Address.i2.44 i/` - ' Phone: 3 ‘� Applicant (if other than owner): Name =�'-'� Address C ZZ_6 '- ./A- '`- • Phone: ¥3C ? r•o Type of Request :. V= ••• Rezoning ___ Approval of Preliminary Plat ___ Special Use Permit ___ Approval of Final Plat ___ Variance :__ Other Description of Request: _./E� ~s - -- 1`-`' e- _ _e. .D'zz® fug _ j 6 c 5, • . / � - -= 1 == — 4 f. xzd Signature of Applicant: _1 -���` Date of Public Hearing: NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at- tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set- backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the 'Planning Commission on (lu g ��_ � ' Approved ___ Denied ___ by the Council on subject to the • following conditions: • • PRODUCT 226.1 /AtEffigj® Inc., Groton, Mass. 01471. To Order PHONE TOLL FREE 1-800- 2256380 a Co- Rd. 5 CR NaPY gt04- m-n a- , lD, 1 4 S'. JO 14 - _`J 7`/. SHEET Nn OF CALCULATED BY DATE CHECKED BY DATE /- Z. 7 - 93 SCA! F 0 p 7 J£ r. Q • Date: February 8, 1993 Time: 7:00 p.m. PUBLIC HEARINGS STILLWATER PLANNING COMMISSION MINUTES Members Present: Gerald Fontaine, Chairman Glenna Bealka, Dorothy Foster, Rob Hamlin, Jay Kimble, Kirk Roetman, and Darwin Wald Steve Russell, Comm. Dev. Director Ann Pung - Terwedo, Planner Absent: Duane Elliott and Don Valsvik APPROVAL OF MINUTES Motion by Darwin Wald, seconded by Rob Hamlin to approve the minutes of January 11, 1993, as submitted. Carried 7 -0. 1. Case No. SUP /93 -6 - A Special Use Permit for a 2,400 square foot expansion of the deck at the Freight House for placement of a temporary tent structure. The property is located at 305 South Water Street in the CBD, central Business District. Todd Weiss presented the case. He stated that he met with the Heritage Presrvation Commission last week and has decided to eliminate the tent or canopy request. Everything else is the same as the previous request. Rob Hamlin asked about a lighting plan. Mr. Weiss stated that the architect is out of town at this time, and he does not have a lighting plan available, but the lighting will be very low key. Darwin Wald asked about parking. Mr. Weiss stated that he has no solutions to the parking problem, but he is not increasing the parking demand for the Freight House because it is not being expanded, only changed. He stated that there is no room to expand the parking lot. Steve Russell addressed the problem and stated that if a parking district were established, it could be charged with providing shared parking. Motion by Rob Hamlin, seconded by Glenna Bealka to approve the Special Use Permit with conditions as listed. Carried 7 -0. 2. Case No. V/93 -8 - A Variance to the Sign Ordinance for the placement of a three foot by six foot lighted marque sign. The property is located at 920 West Olive Street (Nelson's Ice Cream Store) in the RB, Two Family Residential District. Stillwater Planning Commission February 8, 1993 Robert and Michelle Pasket, owners, presented the request. He stated that he has aeen these same signs all around town and listed five that are currently in use. Mr. Russell stated that these signs are illegal except for Vittorio's and Del's which preceeded the ordinance. The ordinance is enforced upon complaint, and violators can be fined $500 if the sign is not removed. He also explained that the applicant already has a wall sign and freestanding sign. Mike McCarthy, 212 S. Greeley St. presented a petition from the neighbors stating opposition to the requested sign. He stated that this is a residential neighborhood and the residential character is eroding. Jay Kimble asked about the purpose of the sign. Mrs. Pasket stated that the sign would be temporary and used during the slower months of November through February. It would be used to advertise weekly specials. Chairman Fontaine asked about alternatives to the temporary sign. Mr. Russell stated that window signs are allowed so long as they do not cover more than 30% of the window. Rob Hamlin stated that the Commission has consistently denied requests for these types of signs. Motion by Rob Hamlin, seconded by Kirk Roetman to deny Case No. V/93 -8. Carried 7 -0. 3. Case No. SUP /93 -9 - A Special Use Permit to conduct a beauty salon business (nails only) in a residential structure at 121 South Owens Street in the RB, Two Family Residential District. Heidi B. Colleran presented her request. She will be the only employee and will have no more than two customers at a time who will park in the driveway. Mike McCarthy, 212 S, Greeley, stated that he and his neighbors are opposed to this request because of their concern for the increasing density of in -home businesses and the increasing commercialization of he neighborhood. Rob Hamlin stated th of an impact on the n t this type of business would not have much ighborhood. Mr. McCarthy asked i the City had guidelines on density of in- home business. Mr. Russell responded that each is considered on a case basis. The applicant stated that she would have a delivery made once every three or four months. • • Stillwater Planning Commission February 8, 1993 Motion by Rob Hamlin, seconded by Glenna Bealka to approve the Special Use Permit with three conditions as listed. Carried 7 -0. 4. Case No. V/93 -10 - A Variance to the Parking Ordinance for an 850 square foot restaurant use in an existing structure at 317 South Main street (River Exchange Building). The property is located in the CBD, Central Business District. Scott A. Zahren made the request. Window signage will be within the one -third allowed; he does not have drawings available yet. There will be a maximum of eight tables, which will seat 32 people. It will be a totally separate restaurant from Trump's. Jay Kimble noted that this adds to the parking demand downtown, and that every business may have to pay the price in the future, Motion by Rob Hamlin, seconded by Darwin Wald to approve the Variance request as conditioned. Carried 7 -0. 5. Case No. SV/92 -58 - A Street Vacation for a fifty foot section of Meadowlark Drive between North Sherburne Street and • South Center Street in the RB, Two Family Residential District. Madeline S. Connelly, Applicant. Steve Mullner, representing Mrs. Connelly, requested that this case be dropped. Motion by Jay Kimble, seconded by Darwin Wald to approve the withdrawal of Case No. SV/92 -58 as requested. Carried 7 -0. 6. Case No. SUB /93 -11 - A Minor Subdivision of a 1.26 acre vacant parcel of land known as Lots 1, 2, 3, 4, 5, 6, and 13, Block 14, Sabin's Addition into three (3) separate parcels. The property is located west of Sherburne Street and north of West Llnden Street in the RB, Two Family Residential District. Doug and Mary Christensen, Ron and Eloise Zaniewski and Agnes Mowry, applicants. The applicants are adjoining property owners and would each purchase one of the parcels. They are asking for the subdivision in order to preserve the area as a wetland and prevent future development. Steve Mullner, real estate agent representing Madelaine Connolly, owner of the parcel, stated that this is a compromise worked out among all the property owners. There were no objections to this request. Motion by Rob Hamlin, seconded by Glenna Bealka to approve the Subdivision request with two conditions. Carried 7 -0. 7. Case No. V/93 -12 - A Variance to the Sign Ordinance for the Stillwater Planning Commission February 8, 1993 placement of a fifty square foot free- standing sign, twenty feet in height, at 2289 Croixwood Boulevard (Brooks Food Market). The property is located in the CA, General Commercial District. Suburban Lighting, Applicant. Ray Roemrnich of Surburban Lighting, presented the request. He explained that the business is changing from Mobil to Fina. The signs will be reduced in size from the existing 120 sq. ft. to 50 sq. ft. and will be set back further. Jean Dombrowe, 2337 Croixwood Blvd., asked what kind of light it will generate. The applicant stated that it will generate much less light than the xistitig sigh. Motion by Darwin Wad, seconded by Kirk Roetman to approve the Variance request. Carried 7 -0. OTHER BUSINESS Mr. Hamlin asked about the policy statement that was approved at last month's meeting,. Mr. Russell stated that the City Council reviewed, accepted and noted it in the minutes. Stillwater Comprehensive Plan Update Mr. Russell stated that the Planning Commission's work on the Plan is slowing at this time. The City Council reviewed the work program at their meetings of January 19th and 25th and will consider it at their,March 16 meeting. Jerry Hicks, Stillwater Township Board, was present for the discussion on the Comprehensive Plan. Planners Workshop Planning Commission, members were asked to let Steve Russell know if any are interested in attending the Planners Workshop. Planning Process Mr. Russell stated hat the planning process is currently a two - step process for mo t, with applications being reviewed by the Planning Commission nd approved by the Council. Council members have mentioned changing to a one -step process with the Planning Commission having the final say, and with the City Council only resolving appeals. The Council will continue to discuss this. ADJOURNMENT Motion by Rob Hamlin,, seconded by Darwin Wald to adjourn the meeting at 8:30 p.m. Carried 7 -0. Submitted by: Shelly Schaubach Recording Secretary • • • _PWat THE BIRTHPLACE OF MINNESOTA -..) MEMORANDUM TO: MAYOR AND COUNCIL FROM: ANN PUNG - TERWEDO, CITY PLANNER DATE: FEBRUARY 23, 1993 SUBJECT: FOREST PROTECTION ORDINANCE Background: As part of the implementation of the Middle River and Brown's Creek Watershed plans, certain land use regulations must be adopted by the City of Stillwater. One of these regulations includes a Forest Protection Ordinance as attached. The first reading of this Ordinance was held in December before the City Council. All appropriate public hearing notices have been published. Discussion: The Ordinance contains certain restrictions for any subdivision, planned unit development, zoning permit, grading permit, plat approval, special use permit or variance. It deals with these restrictions at the planning level. During Staff review of the Ordinance, it was felt the Ordinance was too restrictive because it included any building permit. This was removed from the Ordinance. The intent of the Forest Protection Ordinance is to preserve existing trees in new subdivided areas or areas sensitive to erosion and rapid water run off. In cases where trees are removed, the developer is required to replace what is removed. Recommendation: Direct second reading of the Forest Protection Ordinance. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 ORDINANCE FOREST PROTECTION ORDINANCE An Ordinance establishing definitions and restrictions for the protection of trees and woodlands within the City of Stillwater. The City Council of the City of Stillwater does ordain: 1. Section 1. Adding Section 31.01, Subd. 30, Forest Protection that shall hereafter read: A. Forest Protection Regulations. 1. FINDINGS AND PURPOSE a. The City of Sti lwater finds that the preservation of trees and woodlands within the City is critical to the health, safety and welfare of the citizens of Stillwater; that existing and potential development within Stillwater has the effect of reducing and in some cases eliminating wooded area, which, if preserved and maintained, serve important ecological, recreational and aesthetic functions to the benefit of existing and future residents of Stillwater. Therefore, the the purposes of this ordinance are the following: b. To preserve woodlands and trees on individual sites; protect the safety of said residents by preventing wind and water erosion, slope instability and rapid runoff; promote the health of said residents by absorption of air pollutants, contaminants and noise; and protect the welfare of said residents by increasing rainfall infiltration to the water table, provide a diversified environment for many kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and recreational requirements of the area and promote energy conservation by shading buildings in the summer and breaking winds in the winter. 2. DISTRICT BOUNDARIES This ordinance shall apply to all zoning districts within the City of Stillwater. 3. DEFINITIONS a. Crown Cover - the ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. b. Development - the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course, current or cross section of any water body or water course or the division of land into two or more parcels. 1 • • • • ■ c. Development Permit - any subdivision, planned unit development, zoning permit, grading permit, plat approval, rezoning, special use permit or variance. d. Dimensional Requirement - minimum and maximum setbacks, yard requirements and /or structure height or size restriction established in zoning ordinance. e. Structure - anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable or temporary structures. f. Tree - any woody plant that has at least one trunk with a diameter of six inches or greater four feet above the ground. g. Person - any individual, firm, corporation, partnership, association, or other private or governmental entity. h. Woodland - a group of trees at least one half acre in area and with a crown cover of fifty percent or greater. 4. RESTRICTIONS a. No development permit shall be issued for any development by the City unless the development is in compliance with the following standards: 1. Development shall be conducted so that the maximum number of trees are preserved by the clustering of structures in existing cleared areas and natural clearings, and the utilization of other site design techniques. 2. Grading, contouring and paving shall not detrimentally affect the root zone aeration and stability of existing trees and existing trees shall be provided with a watering area equal to at least one half the crown cover. 3. When trees are lawfully removed, the permitee shall restore the density of trees that existed before the development. Comparable nursery stock shall be utilized, but not more than ten trees per acre shall be required. 4. Development shall not reduce the existing crown cover greater than 50% and shall be conducted in such a manner as to preserve the understory. 5. Trees used in reforestation or landscaping must be compatible with the local landscape and conditions and not presently under disease epidemic. 2 a. Lawful development shall be under a continuing obligation to observe these restrictions. b. Not withstanding, the removal of trees seriously damaged by storms or other acts of God, or diseased trees, shall not be prohibited. 2. In all other ways, the Stillwater City Code shall remain in full force and effect 3. This Ordinance shalll be in full force and effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this day of 1993. ATTEST: City Clerk 3 Mayor • • • • • TO: MAYOR AND COUNCIL MEMO FROM: MARY LOU JOHNSON, CITY CLERK DATE: FEBRUARY 25, 1993 SUBJECT: APPOINTMENT TO JOINT CABLE COMMISSION The City of Stillwater is required to provide two representatives on the Joint Cable Commimssion -- one elected, one resident and also one alternate. At a previous meeting, Councilmember Bodlovick was reappointed as the elected representative and Ms. Bodlovick also reported that Mary Kreimer- Adrian would accept the Alternate position that she is currently holding. We have advertised twice in the local paper and received one application for the resident position, that being from Gary and Peggy Talbot. Their letter is attached. Council is asked to make a motion making an appointment for the resident representative and also to confirm the alternate position. • Ms. Mary Lou Johnson, City Clerk City Hall 216 North Fourth Street Stillwater, MN. 55082 Re: Central St. Croix Valley Joint Cable Communications Commission Dear Ms. Johnson: This is a letter of interest in the Stillwater position on the above Commission. Recently, my wife and I purchased a home in Stillwater to live and raise a family. My wife, Peggy O'Brien, and her family are long time residents of this wonderful area. It is my desire to take an active role in this community. As such, I would be most appreciative for your favorable consideration on my application for a position on this Commission. • You will find that I can provide the necessary time commitment and possess excellent organizational and communication skills. My background involving media communications includes several years of radio broadcast and television production through various military facilities and activities. If interested, I would be very happy to outline in detail this military experience by telephone or in writing. If you have any additional questions, please do not hesitate to contact me. Thank you for your consideration. • GARY E. TALBOT, P.A. January 27, 1993 Sincerely, Gary Stil Tal•o Attorneys at Law r residence: Gary and Peggy Talbot 1921 Oak Glen Lane Stillwater, MN. 55082 (612) 351 -0224 570 Towle Building 330 Second Avenue South Minneapolis, Minnesota 55401 Telephone (612) 332 -5933 Fax (612) 332 -6430 • REAPPOINTMENTS Jeff Johnson Howard Lieberman APPOINTMENTS Jay Michels Julianne Anderson II (water THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND COUNCIL FROM: HERITAGE PRESERVATION COMMISSION DATE: FEBRUARY 25, 1993 SUBJECT: APPOINTMENTS AND REAPPOINTMENTS TO THE HERITAGE PRESERVATION COMMISSION The following individuals are recommended by the Heritage Preservation Commission for appointments and reappointments. The recommendation for appointments are based on the resumes submitted and interviews held on February 23, 1993. PROFESSION AND INTERESTS Structural Engineer Expertise in historic restoration Attorney Interest in design and historic structures. Downtown Resident Professional in construction trade. Brent Peterson Historian, Washington County Historical Society Representative ALTERNATE (should a vacancy occur or ineligibility of a recommended appointment) Antique Dealer Interest in historic restoration and design. Owns Historic Home. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • Illy THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: HERITAGE PRESERVATION COMMISSION DATE: FEBRUARY 24, 1993 SUBJECT PROCESS FOR RECOMMENDATION OF APPOINTMENTS AND REAPPOINTMENTS TO THE HERITAGE PRESERVATION COMMISSION. The Stillwater Heritage Preservation Commission is a Certified Local Government Commission. This means the Commission is recognized by the State and Federal Government as meeting the qualifications of the National Historic Preservation Amendments Act of 1980 (P.C. 96 -515). The Certified Local Government status gives the City of Stillwater the opportunity to receive matching grants for preservation purposes. The City has received two grants since 1989. The first was for $9,250 which was used to survey and prepare a National Register Form for the Downtown Commercial Historic District. The district was nominated to the National Register of Historic Places in 1991. The Commission is presently working on its Historic Context Study which will set goals and policies for preservation planning in the future. This grant is for $3,250. In order to maintain Certified Local Government Status, the Heritage Preservation Commission must have demonstrated individuals and /or expertise in historic preservation. These fields include history, architecture, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture, or law. The Commission must also have a representative of the County Historical Society. Because of these stipulations, the Heritage Preservation Commission actively seeks these individuals in the community with these backgrounds to fill vacancies. They interview interested persons. The Commission makes the recommendation to fill the vacancies based on (1) the individuals experience, (2) profession, (3) interest in the areas of historic preservation and the preservation of the historic sites, districts and buildings in Stillwater. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 ti 1wte! THE BIRTHPLACE OF MINNESOTA -'''') MEETING NOTICE The Heritage Preservation Commission will meet Tuesday, February 23, 1993 at 6:30 P.M. in the City Council Chambers to 'interview interested individuals for recommended appointments to the Commission. TIME 6:30 - Brent Peterson (Washington County Historical Society) 6:45 - Chuck Dougherty 7:00 - Martha Hubbs 7:15 - Jay Michels 7:30 - Julianne Anderson 7:45 - Bruce Brillhart QUESTIONS: Please tell us about your experiences, education, or profession which may contribute to historic preservation in Stillwater. What do you feel are important preservation issues facing Stillwater presently and in the future? CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 <ccptional Bcd & Breakfast ;hock & Judy Dougherty Stillwater City Council jr ivertmninnL9 306 West Olive, Stillwater, MN 55082 (612) 430.2955 Muck Dougherty Background Information for Application to Heritage Preservation Commission e following is some information on my background that I feel will 1p me in serving on the HPC: Worked ten years in the restaurant industry. Part of my duties included overseeing the design and construction of three restaurants. Renovated the Rivertown Inn, an 1882 Victorian home, converting it into one of the top Bed & Breakfast Inns in Minnesota. Renovation included adding seven bathrooms, air conditioning, and fire safety system. A ber of Rivertown Restoration. Serve on the Board of the Minnesota Historic Bed & Breakfast Association. Current President of the Minnesota Bed & Breakfast Guild, serving second term. Serving second term on the Minnesota State Tourism Advisory Board. In the process of renovating the Carriage House at the Rivertown Inn into living quarters. Member of the Stillwater Area Chamber of Commerce. • Member of the National Trust for Historic Preservation. 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. Sincerely, Martha Hubbs 626 N. Fourth St. Stillwater, MN 55082 612 / 430 -2895 • • • • • • E R N T T H O M A S P E T E R S O N JOB Preserving and researching the historical events OBJECTIVE that have created our unique past. 502 West Churchill Street Stillwater, Minnesota 55082 (612) 439 -8445 EDUCATION MANKATO STATE UNIVERSITY Mankato, Minnesota Received BS Degree in Law Enforcement in March 1986, with a minor in Political Science. Course work also included several history classes. WORK MINNESOTA STATE .FTGTORTCAL SOCIs T? EXPERIENCE St. Paul, Minnesota Site Interpreter - Minnesota State Capitol, 5/89 - Present Educate visitors and school children about the art, architectur and history of the Minnesota State Capitol, to stimulate their interest in the history of Minnesota and the political history, to provide information to the public and visitors and provide change and limited sales at the capitol information desk and to assist in the operation of the site. ST. CROIX COUNTY HISTORICAL SOCIETY Hudson, Wisconsin House Director /Caretaker - Octagon House Museum, 6/89 - 12/91 To operate the Ocatagon House during the seven month season, to include the following responsibilities: give guided tours, design and setup displays, coordinate volunteer guides and cashiers, provide research assistance to the public and also for the society. Year round responsibilities included: maintenance of the museum grounds and provide security of the site when the museum is closed. WASHINGTON COUNTY HISTORICAL SOCIETY Stillwater, Minnesota Volunteer Tour Guide - Washington County Museum, 8/87 - Present Greets and assists patrons to the Washington County Museum. Provides services to the public through tours of the Museum. Answers reference questions and does referral to appropriate facilities for assistance. MIKE TRACY INC., (STILLWATER COUNTRY CLUB) Stillwater, Minnesota Golf Pro Shop Assistant, 6/83 - 5/89 Assist club members with Pro Shop purchases. Golf cart maintenance and assistance to members in rental of the carts and collection of green fees. Page 1 of 2 B R E N T T H O M A S P E T E R S O N PUBLICATIONS Fishwrapper: Younger Brothers (1987), John W. Fowler (1988) St. Croix Magazine: St. Croix River, (1990), Hudson, Wisconsin St. Croix Valley Winter Sports (1990), Steamboats (1990) Taylor Falls, Minnesota History (1990) St. Croix Views:- Octaaon House - Hudson, Wisconsin (1990) Stillwater: A Photoaravhic History 1843 -1993. (1992) ACTIVITIES Awarded the Stillwater Country Club Junior Golf Scholarship. AND HONORS Elected to the Mankato State University Student Senate. Appointed to the Historic Courthouse Advisory Committee - 1993. Member of the Washington County, Minnesota Historical Society. Member of the Society of American Baseball Researchers Page 2 of 2 • • • • • • February 7, 1993 Ms. Ann Punr- Terwedo City of Stillwater 216 N. 4th St. Stillwater, Mn. 55082 Dear Ann: I am sending along the following resume for the opening on the Historic Preservation Committee. I have just taken a new position. so if You need to get in contact with me during the day try Construction Materials, Inc.- -- 929-0431. My ne mobile number is 868 -2589. If I am unavailable on the mobile it will automatically roll over to my voice mail. My home number is 430-1182. Sincerely, --041 -- Jay Michels February 7 , 1993 Members of the Historic Preservation Committee: _I submit the following background information on myself for consideration for the open position on the Committee. I have lived in the Stillwater area for fifteen years. After 14 years as a partner in Asphalt Specialties Co. of Lakeland, I have recently acce ted a position with Construction Materials, Inc. of St. Louis Pak as regional manager for construction fabrics. I am married and have two children attending St. Cloud State University. We reside at 118 -1/2 N. Main St . , which is a part of the Excelsior Block of Main St. As the owner of a building that was constructed in 1882, my concern for the preservation of the historical buildings of our city is of great importance. Equally as important is maintaining the historical preser..ce in new projects. I have spent a g re a t deal of time at both the Stillwater Library and the Minnesota Historical Society viewing the collections of John Runk and others. I feel that my background in construction and my interest in preservir..g our past makes me a aualified candidate for the open position.. I appreciate your consideration. Sincerely. ;; 9 . Jay Michels • • • 1 K. JULIANNE ANDERSON 119 WEST CHESTNUT STILLWATER, MINNES3TA F5082 5EPTEMER 6 1991 HISTORIC PRFSERVATION COMMISSION ETILLWATER, MINNESOTA �5082 PURSUANT rO KATHRYN FRAN[IS' INVITATTON, I AM ENCLOSING A COPY OF MY RESUME IN CONSIDERATION OF THE POSITION WITH YOUR COMMISSION. I AM A LOCAL B PERSON, HISTORIC HOME OWNER, AND LONG TIME RESIDENT OF ETILLWATER. I HAVE A LOVE FOR HISTORIC ARCHITECTURE AND ANTIQUES AND AM MOST INTERESTED IN CONTRIBUTING TO THE GOALS OF YOUR COMMISSION. I SHARE THE INTEREST OF THE COMMISSIPN IN MAINTAINING A SMALL, QUAINT, HISTORICAL COMMUNITY. ‘-'� ���/ '� • L,{_� p OBJECTIVE: COMMUNITY INVOLVEMaT: EMPLOYMENT: K. JULIANNE ANDERSON 119 WEST CHESTNUT STILLWATER, MINNESOTA 55082 (612) 439-4151 THE FRE5ERVATION STILLWATER'S HISTORIC INTEGRITY RIVERTOWN RESTORATION SOCIETY HISTORIC HOME TOUR PERSONAL PESIDEHCE INCLUDED IN TCUP OF HONES TOUR GUIDE WASHINGTON COUNTY GUARDIAN AD LITEM YOUTH EDUCATION INSTRUCTOR, TRINITY LUTHERAN ST. PAUL WINTER CARNIVAL ROYALTY 1979 MU-PERRY POINT ANTIWES - PRESENT Anti Dealer UNIVE�SITy OF MINNEPO7A Research Assistant RFINHRDT & ANDERSON, P.A. Lega �Assista�± 5TRIN8ER, COURTNEY & ROHLEDER, P.A. Legal Secretary/Assist�nt MINNEF-OTA TRIAL LAWYERS ASSOCIATInN Legal Secretary/Etucatio: CoorCinator WAPHTNGTnN COUNTY GUARDIAN AD LITE:1 TRAINING UNIVERSITY OF MINNESOTA - B.S. DRSREE 1990 • • Mr. Nile Kriesel City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Bruce Brillhart 1(3 / 17 /q7.- .inn Bean 5-[ouse Bruce Brillhart Dear Nile: 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 319 W. 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 an!Breakfast 319 W. Pine Street Stillwater, MN 55082 (612) 430 -0355 • • • February 1, 1993 Mayor Charles Hooley City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Heritage Preservation Commission Dear Mayor Hooley: Please accept this letter of resignation from my appointment to the City of Stillwater's Heritage Preservation Commission effective February 1, 1993. It has been my honor to serve the City of Stillwater throughout the past four -plus years. I can no longer fulfill the duties of this appointment through the end of the current term due to new responsibilities associated with my involvement with various other community volunteer activities. In addition, I am a firm believer in "change" and my resignation will provide another interested party the opportunity to serve "our city. I highly commend the past and current appointees to this commission as committed and conscientious servants of historic preservation. Further, the work of Ann Pung- Terwedo and Steve Russell should be recognized by City of Stillwater as exceptional. Thank you for the opportunity to serve the City of Stillwater on the Heritage Preservation Commission. Shawn M. Draper 1221 Amundson Circle Stillwater, MN 55082 (612) 439 -4 935 xc: Jeff Johnson, Chr., Heritage Preservation Commission Ann Terwedo, City of Stillwater File • 104 North Main Street 301 South Main Street 224 South Main Street • 314 Birchwood Drive 202 South Main Street 123 North Second Street 212 North Main Street 213 East Chestnut Street 232 North Main Street * Previously on Parking Task i1twater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 16, 1993 SUBJECT: MEMBERSHIP ON DOWNTOWN PARKING COMMISSION The following people have indicated an interest in the Downtown Parking Commission. The resolution that established the Downtown Parking Commission calls for seven members; five downtown business or property owners and two residents from the broader community. Karl Ranum * Paul Simonet * Richard Chilson * Dave Swanson * Katie Holdorph Patrick Anderson Vern Stefan Dave Pohl Martha Connley Force When appointing members of the Commission, the following terms should be set, two for a one year term, three for two year terms, and two for three year terms. The Council may want to consider geographic coverage of business location when selecting commissioners to get representatives from the various areas of the Downtown. RECOMMENDATION: Appointment of seven members for various terms to the Downtown Parking Commission. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 Business /Resident Business /Resident Business /Resident Resident Business /Resident Business /Resident Business /Resident Business /Resident Business /Resident Dear Mayor and Council Members: The City has received a petition for the construction of City improvements to serve the fourth phase for Highlands of Stillwater, located in the western part of the City. The petition was presented by the owner of the property within the old Benson Farm site. The project will, however, affect adjacent properties. Therefore a Public Hearing will be required. The City Council, at the December 1, 1992 Council meeting, authorized the preparation of a feasibility report. Drawing Number 1 shows the Project Location. Improvements petitioned for include the extension of existing sanitary sewer, watermain, storm sewers and streets. Services to serve the adjacent lots will also be required. • • ENGINEERS ■ ARCHITECTS ■ PLANNERS February 26, 1993 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 SHORT ELLIOTT HENDRICKSON INC. PROPOSED IMPROVEMENTS 421 FRENETTEDRIVE, CHIPPEWA FALLS, WISCONSIN 54729 715 723 -8506 RE: Stillwater, Minnesota Highlands of Stillwater Phase 4 Utilities and Streets L.I. 293 SEH File No. 93253 A. Sanitary Sewer The sanitary sewer extensions will consist of three connections to various stubs and extending 8" mains at minimum grades. The first connection will be to a stub constructed under the Highlands of Stillwater 2nd Addition, located at the intersection of Highland Road and Benson Boulevard. The 8" main will be extended southeasterly approximately 1,000 feet serving the first 11 lots of Block 1 and all of Blocks 2 and 3. An 8" stub will be extended at a future street location for the 6th phase. A second sanitary sewer connect will be to the stub constructed under the Highlands of Stillwater 1st Addition on West Orleans Street. This stub will be extended easterly to serve the Industrial property located along the south side of West Orleans Street. ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN • • . • -• `.4 • ' •/ • \\ • I • ' \-‹ *._„ • I ' I • 7.. - • • • • -4- r - " " •^•. I A ff ir Sal EIVOINEERSIARCHITCISIPLANNERS EC 4 ""•21.- - . 4 W. QRLEANS . - TH 36 t7 1 • main /- - I f T .". n HIGHLANDS OF STILLWATER 4TH ADDITION STILLWATER, MINNESOTA FILE NO. 93253 DRG.NO. 1 • Honorable Mayor and City Council City of Stillwater February 26, 1993 Page No. 2 • The third connection is to an 8" stub constructed off Curve Crest Boulevard in the early 1980's. This stub is located at Outlot B just on the east side of the Courage Center. This sanitary sewer will be extended northerly through Outlot B, then along a proposed property line in the future 6th phase to a proposed street. The sewer will be constructed west to Benson Boulevard, then northerly to Surrey Lane. Four inch services will be constructed to each residential lot and 6" stubs to the commercial property on West Orleans Street. Drawing No. 2 shows the sanitary sewer improvements. B. Watermains The watermain improvements will also consist of connecting to existing stubs and extending watermain, maintaining a minimum of 8 feet of cover. The first connection is to an 8" stub constructed under the Phase 2 improvements at the intersection of Highland Road and Benson Boulevard. This 8" main will continue southerly on Benson Boulevard East to West Orleans Street. Stubs will be extended easterly from this main for future extensions to Phases 5 and 6. A 6" main will also be extended northerly through Outlot A to connect to the existing main on Pine Tree Trail. The second trunk extension will connect to the existing 12" main constructed under the Phase 1 improvements, near the westerly edge of the proposed park (Outlot B). This trunk will extend east along West Orleans Street to the east side of the Courage Center, then south through Outlot B to a connection with an 8" stub at Curve Crest Boulevard. One inch water services will be extended to each residential lot and 8" stubs for the commercial property on West Orleans Street. Drawing No. 2 shows the watermain improvements C. Streets Street construction on Benson Boulevard East will consist of the typical City standard for streets, a 32 foot width and mountable concrete curb and gutters. Radii will be constructed at future street locations. A 5 foot concrete walk will be constructed along the easterly side of Benson Boulevard East from Highland Road to West Orleans Street. The City is in the process of having West Orleans placed on the MSA system. This process will take some time to complete with the required acquisition of right -of -way from the Courage Center and the preparation of plans to State Aid Standards. West Orleans will • 2 ENGNEERSIARCHI ECTS/PLA'NNERS PARK OUTI.OT WEST ORLEANS ST. LEGEND EXISTING SANITARY SEWER EXISTING WATERMAIN PROP. SANITARY SEWER PROP. WATERMAIN at 14 15 16 17 18 19 20 3 5 4 5 V COURAGE CENTER m II 0 J H- D 0 HIGHLANDS OF STILLWATER 4TH ADDITION STILLWATER, MINNESOTA OUT OT CURVE CREST FILE NO. 93253 DRG.NO. 2 Honorable Mayor and City Council City of Stillwater February 26, 1993 Page No. 3 therefore be constructed in two projects. It is proposed under the Highlands of Stillwater 4th Addition improvement project to construct a 24 foot temporary gravel road along West Orleans from the end of the Phase 1 improvements to Benson Boulevard East to provide additional access to the development while the MSA project is prepared. Under a separate project, West Orleans Street will ultimately be constructed to a 36 foot width, with B6 -18 concrete curb and gutters. The street construction will again be from the end of the Phase 1 improvements near the west side of the Park (Outlot B), to the east side of the Courage Center. The road will then extend south, through existing Outlot B to Curve Crest Boulevard. A 5 foot sidewalk will be constructed along the northerly and easterly side of the West Orleans Street MSA construction. Drawing No. 3 shows the street improvements including the temporary street on West Orleans. Drawing No. 4 shows the future MSA improvements D. Storm Sewer The storm sewer construction will consist of the easterly extension of the existing storm sewer system. This system will connect to the stub constructed under the Phase 3 improvements in the backyards between Benson Boulevard East and Lydia Court. The 36" main will continue east to Benson Boulevard East, then cross for future extension into the 5th and 6th Additions. Smaller sized mains will extend southerly from this trunk to West Orleans Street to collect runoff. Catch basins will be constructed to pick up backyard runoff. A catch basin structure will also be constructed to pick up runoff from the park along West Orleans Street. Drawing No. 3 shows the storm sewer improvements. ESTIMATED COSTS The total estimated project cost for the Highlands of Stillwater 4th Addition Improvements is $349,657. The project cost for the improvements on West Orleans Street, constructed under the 4th Addition project is $116,884. The future MSA street project cost is $159,046. These costs are broken down as follows: Highlands of Stillwater 4th Addition 1) Street $ 139,522 2) Sanitary Sewer 66,184 3) Watermain 71,523 4) Storm Sewer 72,428 Total $ 349,657 2 AfSval ENQNNFRSIARpH7ECISOPLANNERS PARK OUTLOT 8 WEST ORLEANS ST. LEGEND EXISTING STORM SEWER PROP. STORM SEWER EXISTING STREET GRAVEL STREET PROPOSED STREET 14 15 16 17 18 19 20 COURAGE CENTER 3 5 4 5 m H- O 0 c HIGHLANDS OF STILLWATER 4TH ADDITION STILLWATER, MINNESOTA CURVE \CREST FILE NO. 93253 DRG.NO. 3 • 2 1 ENGINEERSIARCHITECTSIPLANNERS PARK ourLoT B WEST ORLEANS ST. LEGEND EXISTING STREET PROPOSED STREET 14 15 16 17 18 19 20 rtf 3 5 4 5 PROP. ROW COURAGE CENTER HIGHLANDS OF STILLWATER 4TH ADDITION STILLWATER, MINNESOTA OUTLOT C CURVE CREST FILE NO. 93253 DRG.NO. 4 C `NEST ORLEANS ENGINEERS/ARCNI7EC I SI PL ANNERS 20 OUTLOT A 9615 -2000 OUTLOT C 9615 -2100 HIGHLANDS OF STILLWATER 4TH ADDITION STILLWATER, MINNESOTA FILE NO. 93253 DRG.NO. 5 Honorable Mayor and City Council • City of Stillwater February 26, 1993 Page No. 4 West Orleans with Temporary Road 1) Temporary Street $ 21,313 2) Sanitary Sewer 27,812 3) Watermain 67,759 Total $ 116,884 West Orleans MSA Street 1) MSA Street $ 159,046 These total project costs include 35% for contingencies, engineering, fiscal, administration and legal costs. Attached is a copy of the engineers estimate. COST RECOVERY Under the Phase 2 Project (L.I. 276), $ 61,246.02 was assessed for storm sewer improvements against Outlot A which contains Phase 4 ($25,126.57), Phase 5 ($11,200.72) and Phase 6 ($24,918.72) property. Estimated 1993 and 1994 payments for the L.I. 276 improvements reduces the amount to reapportion for the Phase 4 project to approximately $ 20,101 total or $ 559 per lot. Under the Phase 3 Project (L.I. 289), it is estimated that $ 49,893 will be assessed for storm sewer improvements against Outlot A which contains Phase 4 ($20,468.85), Phase 5 ($9,124.44) and Phase 6 ($20,299.53) property. The storm sewer assessment against the 4th Addition from the 3rd Addition improvements is estimated at $ 569 per lot. Storm sewer to be constructed in Phase 4 will benefit the remaining 5th and 6th Phases as well as Phase 3. These storm sewer costs are therefore proposed to be spread over Phases 3, 4, 5 and 6 based on the area of runoff contributing to the system. The West Orleans Street improvements will also benefit Phases 3, 4 ,5 and 6 of the Highland of Stillwater. Therefore, the West Orleans project costs are proposed to be calculated on an acreage basis, then assessed to the Industrial property to the south on an area basis and to Phases 3, 4, 5, and 6 of the Highlands of Stillwater on a per lot basis. Based on spreading the storm sewer and West Orleans Street costs over Phases 3, 4, 5, and 6 of the Highlands and the Industrial property to the south, and assessing the Highlands of Stillwater improvement costs on Benson Boulevard East over the 36 lots, the estimated per lot assessment for the 4th Addition is $ 9,198.87. Honorable Mayor and City Council . City of Stillwater February 26, 1993 Page No. 5 There will also be an assessment of $884.40 per lot for the future MSA street improvement costs. The following is a summary of the assessable rates. Attached is a basis of the proposed assessments and a Mock Assessment Roll. Drawing No. 5 shows the assessable areas. • • Highlands Sanitary Sewer Watermain Street Storm Sewer West Orleans Sanitary Sewer Watermain Temp. Street Services per each Phase 3 Storm Sewer PROJECT SCHEDULE Highlands of Stillwater 4th Add. 5th & 6th per lot per lot $ 1,838.44 1,986.75 3,875.60 912.58 128.82 337.30 119.39 128.82 337.30 119.39 Total $ 9,198.87 1,498.09 568.58 397.62 Future MSA Street $ 890.90 $ 890.90 Public Hearing and order preparation of plans and specifications Approve plans and specifications and authorize advertisement for bids Industrial Park per acre 912.58 2,268.32 840.78 1,370.40 485.05 2,413.80 $ 4,964.55 $ 3,619.62 The project affects properties outside of the Highlands of Stillwater, therefore a Public Hearing will be required. The following is the estimated schedule of the Phase 4 improvements: Council accepts report and orders Public Hearing March 2, 1993 March 16, 1993 April 6, 1993 Honorable Mayor and City Council ill City of Stillwater February 26, 1993 Page No. 6 • • Advertise in local paper and Construction Bulletin Receive bids Council awards contract Begin construction Complete construction Assessment Hearing CONCLUSION AND RECOMMENDATIONS The project is feasible and should be constructed as described above. BCP /bcp attachments Sincerely, April 9, 16 & 23 May 3, 1993 May 4, 1993 May 17, 1993 July 15, 1993 October, 1993 , _ 4 Barry C. Peters, P.E. • • Honorable Mayor and City Council City of Stillwater February 26,1993 Page No. 7 I hereby certify that this Report was prepared by me our under my direct supervision and that I an a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: REVIEWED BY: DATE: ;/,;Z 3 REG.NO. 14148 a • • APPENDIX A Basis of Assessments Mock Assessment Roll STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 BASIS OF ASSESSMENTS SEH ALE NO. 93253 A. SUMMARY OF PROJECT COSTS PARK AREA SPREAD OVER PHASES 3, 4, 5 & 6 HIGHLANDS OF STILLWATER 4 SANITARY SEWER 66,183.75 WATERMAIN 71,523.00 STREET 139,521.69 STORM SEWER 72,427.50 TOTAL HIGHLANDS $349,655.94 WEST ORLEANS STREET TEMPORARY STREET 21,313.13 SANITARY SEWER 27,812.03 WATERMAIN 67,759.20 MSA STREET 159,046.20 TOTAL WEST ORLEANS $275,930.55 TOTAL PROJECT $625,586.49 PAGE NO. 1 02/26/93 • • • STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 BASIS OF ASSESSMENTS SEH FILE NO. 93253 B. WEST ORLEANS IMPROVEMENTS 1. TEMPORARY STREET a. PROJECT COSTS $21,313.13 b. AREAS OF ASSESSMENT (RATE PER AC.) $485.0506 LOT SHARE OF COSTS NUMBER AREA 4TH ADD. LOTS 2. SANITARY SEWER PHASE 3 — HIGHLANDS 1.33 * 645.12 27 PHASE 4 — HIGHLANDS 10.46 * 5,073.63 36 PHASE 5 — HIGHLANDS 9.38 * 4,549.77 30 PHASE 6 — HIGHLANDS 12.55 * 6,087.39 44 INDUSTRIAL PARK 6.26 3,036.42 OUTLOT A FEELY'S ADD. 2.14 1,038.01 OUTLOT C FEELY'S ADD. 1.82 882.79 TOTALS 43.94 $21,313.13 137 c. ASSESSABLE COSTS PROJECT COSTS PHASES 3 -6 16,355.91 NUMBER LOTS • . 137 COST PER LOT $119.39 a. PROJECT COSTS PROJECT COST LESS SANITARY SERVICES b. AREAS OF ASSESSMENT PHASE 3 — HIGHLANDS 1.33 * 1,118.23 27 PHASE 4 — HIGHLANDS 2.56 * 2,152.39 36 PHASE 5 — HIGHLANDS 9.09 * 7,642.66 30 PHASE 6 — HIGHLANDS 8.01 * 6,734.62 44 INDUSTRIAL PARK 6.26 5,263.26 OUTLOT A FEELY'S ADD. 2.14 1,799.26 OUTLOT C FEELY'S ADD. 1.82 1,530.21 TOTAL c. ASSESSABLE COSTS PROJECT COSTS NUMBER LOTS COST PER LOT PARK AREA SPREAD OVER PHASES 3, 4, 5 & 6 $27,812.03 1,571.40 $26,240.63 (RATE PER AC.) $840.7762 LOT SHARE OF COSTS NUMBER AREA 4TH ADD. LOTS 31.21 PAGE NO. 2 02/26/93 $26,240.63 $26,240.63 4TH ADD. 17,647.90 137 $128.82 137 • • • STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 BASIS OF ASSESSMENTS SEH FILE NO. 93253 3. WATERMAIN a. PROJECT COSTS PROJECT COST LESS SANITARY SERVICES TOTAL c. ASSESSABLE COSTS PROJECT COSTS NUMBER LOTS COST PER LOT 4. MSA STREET a. PROJECT COSTS PARK AREA SPREAD OVER PHASES 3, 4, 5 & 6 $67,759.20 7,543.80 $60,215.40 02/26/93 $60,215.40 b. AREAS OF ASSESSMENT (RATE PER AC.) $1,370.4005 LOT SHARE OF COSTS NUMBER AREA 4TH ADD. LOTS PHASE 3 — HIGHLANDS 1.33 * 1,822.63 27 PHASE 4 — HIGHLANDS 10.46 * 14,334.39 36 PHASE 5 — HIGHLANDS - 9.38 * 12,854.36 30 PHASE 6 — HIGHLANDS 12.55 * 17,198.53 44 INDUSTRIAL PARK 6.26 8,578.70 OUTLOT A FEELY'S ADD. 2.14 2,932.66 OUTLOT C FEELY'S ADD. 1.82 2,494.13 43.94 PAGE NO. 3 $60,215.40 4TH ADD. 46,209.91 137 $337.30 $159,046.20 137 b. AREAS OF ASSESSMENT (RATE PER AC.) $3,619.6222 LOT SHARE OF COSTS NUMBER AREA 4TH ADD. LOTS PHASE 3 — HIGHLANDS 1.33 * 4,814.10 27 PHASE 4 — HIGHLANDS 10.46 * 37,861.25 36 PHASE 5 — HIGHLANDS 9.38 * 33,952.06 30 PHASE 6 — HIGHLANDS 12.55 * 45,426.26 44 INDUSTRIAL PARK 6.26 22,658.83 OUTLOT A FEELY'S ADD. 2.14 7,745.99 OUTLOT C FEELY'S ADD. 1.82 6,587.71 TOTAL 43.94 $159,046.20 137 c. ASSESSABLE COSTS PROJECT COSTS 122,053.67 NUMBER LOTS 137 COST PER LOT $890.90 • • • STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 BASIS OF ASSESSMENTS SEH FILE NO. 93253 C. HIGHLANDS OF STILLWATER IMPROVMENTS 1. STORM SEWER a. PROJECT COSTS HIGHLANDS 4TH ADD. EST. HIGHLANDS 5TH & 6TH ADD b. AREAS OF ASSESSMENT c. HIGHLANDS STORM SEWER COSTS 02/26/93 PARK AREA SPREAD OVER PHASES 3, 4, 5 & 6 $72,427.50 64,867.50 (RATE PER AC.) $2,268.3213 LOT SHARE OF COSTS NUMBER AREA 4TH ADD. LOTS PHASE 3 — HIGHLANDS * 0.00 27 PHASE 4 — HIGHLANDS 10.88 * 24,679.34 36 PHASE 5 — HIGHLANDS 4.85 * 11,001.36 30 PHASE 6 — HIGHLANDS 10.79 * 24,475.19 44 INDUSTRIAL PARK 1.45 3,289.06 OUTLOT A FEELY'S ADD. 2.14 4,854.21 OUTLOT C FEELY'S ADD. 1.82 4,128.34 TOTAL 31.93 $72,427.50 137 PHASE 4 SHARE $60,155.89 FUTURE 5TH & 6TH 64,867.50 TOTAL ESTIMATED STORM SEWER $125,023.39 NUMBER LOTS 137 STORM SEWER COST PER LOT $912.58 2. SANITARY SEWER ASSESSABLE COSTS PROJECT COST $66,183.75 NUMBER LOTS 36 COST PER LOT $1,838.44 3. WATERMAIN ASSESSABLE COSTS PROJECT COST $71,523.00 NUMBER LOTS 36 COST PER LOT $1,986.75 4. STREET ASSESSABLE COSTS PROJECT COST $139,521.69 NUMBER LOTS 36 COST PER LOT $3,875.60 PAGE NO. 4 • • • STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 BASIS OF ASSESSMENTS SEH FILE NO. 93253 D. HIGHLAND 4TH ADDITION PER LOT COSTS E. INDUSTRIAL PARK ASSESSMENTS 1. WEST ORLEANS IMPROVEMENTS PER ACRE 2. WEST ORLEANS SERVICES PARK AREA SPREAD OVER PHASES 3, 4, 5 & 6 WEST ORLEANS IMPROVEMENTS TEMPORARY STREET 119.39 SANITARY SEWER 128.82 WATERMAIN 337.30 TOTAL PER LOT FROM WEST ORLEANS IMPROV. $585.50 HIGHLAND OF STILLWATER STORM SEWER 912.58 SANITARY SEWER 1,838.44 WATERMAIN 1,986.75 STREET 3,875.60 TOTAL PER LOT $9,198.87 PHASE 3 STORM SEWER ASSESSED TO 4TH ADD. 568.58 FUTURE MSA STREET WEST ORLEANS 890.90 ASSESSABLE RATE AREA PER ACRE TEMPORARY STREET 10.22 485.05 SANITARY SEWER 10.22 840.78 WATERMAIN 10.22 1,370.40 MSA STREET 10.22 3,619.62 TOTAL $6,315.85 STORM SEWER 5.41 2,268.32 SANITARY SEWER 392.85 WATERMAIN 1,885.95 PAGE NO. 5 02/26/93 STILLWATER, MINN ESOTA HIGHLANDS 4th ADD. LI. 293 MOCK ASSESSMENT ROLL SEH FILE NO. 93253 PARK AREA ASSESED TO PHASES 3, 4, 5 & 6 PARCEL NO. LOT 9615 - 2000 OUTLOT A 9615 - 2100 OUTLOT C 11159 - 2050 PT. OUTLOT B 11159 - 2060 PT. OUTLOT B 11210 - 2000 OUTLOT A 11210 - 2000 OUTLOT A 11210 - 2000 OUTLOT A 11210 - 2000 OUTLOT A BLK 1 2 4TH ADD. 5TH ADD. 6TH ADD. 3RD ADD. N FEELY'S FEELY'S STILLWATER INDUSTRIAL PARK STILLWATER INDUSTRIAL PARK HIGHLAND OF STILLWATER HIGHLAND OF STILLWATER HIGHLAND OF STILLWATER HIGHLAND OF STILLWATER OS' 'NER 02/26/93 COURAGE CENTER LEONARD & ELIZABETH FEELY ST. CROIX ORTHOPAEDIC LAKEVIEW MEMORIAL HOSP. GROUND PROPERTIES, INC. GROUND PROPERTIES, INC. GROUND PROPERTIES, INC. GROUND PROPERTIES, INC. TEMP. STREET& WATER SANITARY SEWER SERVICES STORM SEWER STREETS &UTILITIES HIGHLANDS 4TH RATE/AC. $1,855.4511 RATE/AC. $840.7762 RATE/EACH $2,278.8000 RATE/AC. $2,268.3213 RATE/LOT $9,198.8711 RATE/LOT * 456.6848 RATE/LOT * 128.8168 RATE/LOT * 912.5795 AREA TOTAL AREA TOTAL LOTS TOTAL AREA TOTAL LOTS TOTAL 2.14 3,970.67 2.14 1,799.26 1.82 3,376.92 1.82 1,530.21 5.09 9,444.25 5.09 4,279.55 1.17 2,170.88 1.17 983.71 30 13,700.54 30 3,864.50 44 20,094.13 44 5,667.94 27 12,330.49 27 3,478.05 $65,087.88 $21,603.23 PAGE NO. 1 • • 2,278.80 2,278.80 2,27&.80 2,27&80 2.14 4,854.21 1.82 4,12834 1.04 2,359.05 0.41 930.01 30 27,377.38 44 40,153.50 27 24,639.65 $9,115.20 $104,442.15 TOTAL AMOUNT ASSESSED EST. PROJECT COST EXCLUDING MSA STREET DIFF. IS EST. PHASE 5 & 6 STORM SEWER 12,90293 11,314.28 18,361.65 6,363.40 36 331,159.36 331,159.36 44,94243 65,91557 40,448.19 RATE/AC. $3,619.6222 RATE/LOT * 890.9027 TOTALS AREA TOTAL $331,159.36 $531,407.81 147.22 $159,046.21 531, 407.81 466,540.29 64, 867.52 FUTURE MSA STREET 2.14 7,745.99 1.82 6,587.71 5.09 18,423.88 1.17 4,234.96 36 32,072.50 30 26,727.08 44 39,199.72 27 24,054.37 FOR HIGHLANDS 4TH ONLY • • • APPENDIX B Engineers Estimate STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 ENGINEERS ESTIMATE FILE NO. 93253 HIGHLANDS OF STILLWATER 4TH ADDITION STREET SANITARY SEWER WATERMAIN • ENGINEERS ESTIMATE EST. UNIT # ITEM UNIT QUANT. PRICE TOTAL 1 MOBILIZATION LS 1 3,500.00 3,500.00 2 TOPSOIL BORROW (LV) C.Y. 500 7.00 3,500.00 3 SUBGRADE PREPARATION RD.STA. 17.2 175.00 3,010.00 4 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 2390 8.00 19,120.00 5 TYPE 41 WEARING COURSE TON 695 25.00 17,375.00 6 TYPE 31 BINDER COURSE TON 695 23.50 16,332.50 7 BIT. MATERIAL FOR TACK GAL 286 1.65 471.90 8 6" CONCRETE WALK S.F. 8580 2.00 17,160.00 9 D418 CONC. CURB & GUTTER L.F. 3440 5.50 18,920.00 10 SODDING S.Y. 1800 2.20 3,960.00 STREET CONSTRUCTION 35% ENG., LEGAL, ADMIN. ESTIMATED STREET PROJECT COST $139,521.69 11 CONNECT TO EXISTING SAN. SEWER EA. 1 400.00 400.00 12 STANDARD MANHOLE EA. 12 1,000.00 12,000.00 3 8 "x4" PVC WYE EA. 36 50.00 1,800.00 8" PVC SAN. SEW. 0 -12' L.F. 1980 12.50 24,750.00 15 EXTRA DEPTH MANHOLE L.F. 7 75.00 525.00 16 4" PVC SERVICE L.F. 1100 6.50 7,150.00 17 COURSE FILTER AGGREGATE TON 400 6.00 2,400.00 SANITARY SEWER CONSTRUCTION 35% ENG., LEGAL, ADMIN. ESTIMATED SANITARY SEWER PROJECT COST $66,183.75 18 CONNECT TO EX. WATERMAIN EA. 1 330.00 330.00 19 6" GATE VALVE & BOX EA. 6 350.00 2,100.00 20 8" GATE VALVE & BOX EA. 2 450.00 900.00 21 1" CITY INSTALLED CORPORATION STOPS EA. 36 75.00 2,700.00 22 EXCAVATION FOR CITY INSTALLED CORPORATION EA. 36 30.00 1,080.00 23 1" CURB STOP & BOX EA. 36 80.00 2,880.00 24 HYDRANT EA. 4 1,100.00 4,400.00 25 6" DIP WATERMAIN L.F. 230 13.00 2,990.00 26 8" DIP WATERMAIN L.F. 1710 14.00 23,940.00 27 6" DIP HYDRANT LEAD L.F. 80 13.00 1,040.00 28 1" COPPER L.F. 1280 6.50 8,320.00 29 DIP FITTINGS LBS 1150 2.00 2,300.00 WATERMAIN CONSTRUCTION 35% ENG., LEGAL, ADMIN. ESTIMATED WATERMAIN PROJECT COST PAGE NO. 1 02/25/93 $103,349.40 36,172.29 $49,025.00 17,158.75 $52,980.00 18,543.00 $71,523.00 STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 ENGINEERS ESTIMATE FILE NO. 93253 STORM SEWER • • ITEM 30 CONNECT TO EXISTING STORM SEWER 31 12" RCP STORM SEWER 32 15" RCP STORM SEWER 33 18" RCP STORM SEWER 34 24" RCP STORM SEWER 35 27" RCP STORM SEWER 36 30" RCP STORM SEWER 37 36" RCP STORM SEWER 38 CONSTRUCT CATCH BASIN 39 CONSTRUCT MANHOLE 40 CASTING ASSEMBLIES EST. UNIT QUANT. EA. L.F. L.F. L.F. L.F. L.F. L.F. L.F. EA. EA. EA. 1 570 180 280 110 45 32 150 15 1 16 ESTIMATED STORM SEWER CONSTRUCTION 35% ENG., LEGAL, ADMIN. ESTIMATED STORM SEWER PROJECT COST TOTAL ESTIMATED CONSTRUCTION COST HIGHLANDS OF STILLWATER 4TH PAGE NO. 2 450.00 18.50 20.00 21.50 24.00 27.00 40.00 60.00 900.00 1,400.00 250.00 02/25/93 ENGINEERS ESTIMATE UNIT PRICE TOTAL 450.00 10,545.00 3,600.00 6,020.00 2,640.00 1,215.00 1,280.00 9,000.00 13,500.00 1,400.00 4,000.00 $53,650.00 18,777.50 $72,427.50 $349,655.94 STILLWATER, MINNESOTA 02/25/93 HIGHLANDS 4th ADD. L.I. 293 ENGINEERS ESTIMATE FILE NO. 93253 ENGINEERS ESTIMATE EST. UNIT ITEM UNIT QUANT. PRICE TOTAL WEST ORLEANS STREET WITH TEMPORARY ROAD TEMPORARY STREET 1 MOBILIZATION LS 1 3,000.00 3,000.00 2 TOPSOIL BORROW (LV) C.Y. 300 7.00 2,100.00 3 SUBGRADE PREPARATION RD.STA. 8.5 175.00 1,487.50 4 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 1150 8.00 9,200.00 TEMPORARY STREET CONSTRUCTION $15,787.50 35% ENG., LEGAL, ADMIN. 5,525.63 ESTIMATED TEMPORARY STREET PROJECT COST $21,313.13 SANITARY SEWER • • 5 CONNECT TO EXISTING SAN. SEWER EA. 2 400.00 800.00 6 STANDARD MANHOLE EA. 3 1,000.00 3,000.00 7 8 "x6" PVC WYE EA. 4 60.00 240.00 8 8" PVC SAN. SEW. 0 -12' L.F. 1155 12.50 14,437.50 9 EXTRA DEPTH MANHOLE L.F. 8 75.00 600.00 10 6" PVC SERVICE L.F. 132 7.00 924.00 11 COURSE FILTER AGGREGATE TON 100 6.00 600.00 WATERMAI N SANITARY SEWER CONSTRUCTION 35% ENG., LEGAL, ADMIN. $20,601.50 7,210.53 ESTIMATED SANITARY SEWER PROJECT COST $27,812.03 12 CONNECT TO EX. WATERMAIN EA. 1 330.00 330.00 13 6" GATE VALVE & BOX EA. 3 350.00 1,050.00 14 8" GATE VALVE & BOX EA. 4 450.00 1,800.00 15 12" GATE VALVE & BOX EA. 4 850.00 3,400.00 16 HYDRANT EA. 3 1,100.00 3,300.00 17 12" DIP WATERMAIN L.F. 1600 21.00 33,600.00 18 6" DIP HYDRANT LEAD L.F. 130 13.00 1,690.00 19 8" DIP SERVICE L.F. 172 15.00 2,580.00 20 DIP FITTINGS LBS 1221 2.00 2,442.00 WATERMAIN CONSTRUCTION $50,192.00 35% ENG., LEGAL, ADMIN. 17,567.20 ESTIMATED WATERMAIN PROJECT COST $67,759.20 TOTAL ESTIMATED CONSTRUCTION COST WEST ORLEANS W/TEMP ROAD $116,884.35 PAGE NO. 3 STILLWATER, MINNESOTA HIGHLANDS 4th ADD. L.I. 293 ENGINEERS ESTIMATE t IFILE NO. 93253 02/25/93 ENGINEERS ESTIMATE EST. UNIT # ITEM UNIT QUANT. PRICE TOTAL WEST ORLEANS STREET MSA ROAD STREET 1 MOBILIZATION LS 1 4,000.00 4,000.00 2 COMMON EXCAVATION C.Y. 2000 3.00 6,000.00 3 TOPSOIL BORROW (LV) C.Y. 450 7.00 3,150.00 4 SUBGRADE PREPARATION RD.STA. 8.5 175.00 1,487.50 5 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 2032 8.00 16,256.00 6 TYPE 41 WEARING COURSE TON 645 25.00 16,125.00 7 TYPE 31 BINDER COURSE TON 645 23.50 15,157.50 8 TYPE 31 BASE COURSE TON 965 20.00 19,300.00 9 BIT. MATERIAL FOR TACK GAL 535 2.00 1,070.00 10 6" CONCRETE WALK S.F. 7250 2.00 14,500.00 11 B6 -18 CONC. CURB & GUTTER L.F. 2900 6.00 17,400.00 12 SODDING S.Y. 1530 2.20 3,366.00 MSA STREET CONSTRUCTION $117,812.00 35% ENG., LEGAL, ADMIN. 41,234.20 ESTIMATED MSA STREET PROJECT COST $159,046.20 TOTAL ESTIMATED PROJECT COSTS $625,586.49 i5 • 5 4 .6,54 • PAGE NO. 4 • =SEN • • February 12, 1993 Mrs. Diane Deblon City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Diane: Attached are two copies of the 4th Application for Payment from Hydrocon, Inc., in the amount of $5,627.71. The contractor has completed all Punch List items except for the restoration work which was delayed by the private utility companies (gas, electric, telephone, etc) not completing their installation. The contractor is requesting a reduction in retainage to 2% from the standard 5 %. We would recommend that this reduction be allowed. If you have any questions regarding this matter, please contact me. BCP /bcp enclosures SHORT ELLIOTT HENDRICKSON INC. 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, Si PAUL, MN 55110 612 490 -2000 800 325 -2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION MINNEAPOLIS, MN ST. CLOUD, MN RE: STILLWATER, MINNESOTA GLOVES ADDITION L.I. 283 SEH FILE NO. 92428 Barry C. Peters, P.E. CHIPPEWA FALLS, WI MADISON, WI OWNER: CITY OF STILLWATER LOCATION: STILLWATER, MINNISOTA APPLIC.DATE PERIOD END. DESCRIPTION P.O. BOX 129 NORTH BRANCH, MN 55056 (UNIT PRICE CONTRACT) APPLICATION FOR PAYMENT January 25, 1993 January 22, 1993 NO. 4 OWNER'S PROJECT NO. CONTR. FOR GLOVES ADDITION - UTILITY AND STREET CONSTRUCTION APPLICATION FOR PAYMENT PAGE 1 OF 3 SHORT ELLIOTT - HENDRICKSON, INC. CONTRACTOR HYDROCON, INC. CONTRACT DATE August 17, 1992 L.I. 283 ENGINEER'S PROJECT NO. 92428.01 CONTRACT AMOUNT $73,926.00 CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE TOTAL 1 . MOBILIZATION L.S. 1 1 2,000.00 2,000.00 2 . COMMON EXCAVATION (P) C.Y. 2950 3,135 3.05 9,561.75 3. TOPSOIL BORROW (LV) C.Y. 100 9.00 4 . TRANSPLANT TREES 4 -6" EACH 5 1 250.00 250.00 5. SUBGRADE PREPARATION RD. 5.4 5.4 200.00 1,080.00 STA. • • 6 . AGGREGATE BASE, CLASS 5 TON 925 909.25 8.50 7,728.63 (100% CRUSHED) 7. TYPE 41 WEARING COURSE TON 230 231.25 29.50 6,821.88 • 8. TYPE 31 BINDER COURSE TON 230 238.01 28.50 6,783.29 Total Contract Amount $ 73,926. oo Total Amount Earned $ 79, 890.55 • Material Suitably Stored on Site, Not Incorporated into Work $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ GROSS AMOUNT DUE $ 72,890.55 LESS 2 % RETAINAGE $ 1,457.81 AMOUNT DUE TO DATE $ 71,432.74 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 January 25 , 1993 HYDROCON, INC. COUNTY OF Chisago STATE OF Mi nnesota Before me on this 25th Thomas M. Hals that he is the President My Commission Expires: I i Date )(2.8/9 Page 3 of 3 APPLICATION FOR PAYMENT - Continued LESS PREVIOUS APPLICATION $ 65.805.03 AMOUNT DUE THIS APPLICATION $ 5,627.71 ctor) President (Name and Title) iJ ) SS day of January , 19 93 personally appeared known to me, who being duly sworn, did depose and say 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 and complete. CANDYCE L. HALS t NOTARY PUBLIC - MINNESOTA 0 U r D CCY. Y My Common Exprec MAR 23.1996 By CiL , of V (NotarPublic) 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. SH RT -EL IO ,; - E INC. e February 12, 1993 Mrs. Diane Deblon City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Diane: 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490 -2000 800 325 -2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION RE: STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER 2ND ADDITION L.I. 276 SEH FILE NO. 92059 YW Attached are two copies of the 5-t11" and Final Application for Payment from Inland Construction, in the amount of $1,200.00. The contractor has completed all Punch List items. We have reviewed the project with representatives from the City and have found that the project was constructed in accordance with the intent of the plans and specifications. We would recommend final acceptance of • the project and final payment of this Application for Payment. If you have any questions regarding this matter, please contact me. • BCP /bcp enclosures SHORT ELLIOTT HENDRICKSON INC. Sincerely; MINNEAPOLIS, MN Si CLOUD, MN Barry C. Peters, P.E. CHIPPEWA FALLS, WI MADISON, WI STILLWATER, MINNESOTA CONTRACTOR INLAND UTILITY CONSTRUCTION LOCATION: STILLWATER, MINNESOTA 1560 JACKSON AVE NE ST. MICHAEL, MN 55376 :ONTR. FOR HIGHLANDS OF STILLWATER 2ND ADDITION APPLIC.DATE ?ERIOD END. DESCRIPTION ;TREET 1 3 1 3 i 7 MOBILIZATION RELOCATE END OF ROAD SIGNS TOPSOIL BORROW (LV) SUBGRADE PREPARATION AGGREGATE BASE, CLASS 5 (100% CRUSHED) TYPE 41 WEARING COURSE TYPE 31 BINDER COURSE APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. :[ T /`G/ f(A 1, EA. TON TON 'AGE 1 OF 5 SHORT - ELLIOTT - HENDRICKSON, INC. RECEIVED SHORT ELLIOTT HENDRICKSON, INC, JAN 2 7 1993 • OWNER'S PROJECT NO. ENGINEER'S PROJECT NO. 92059 CONTRACT DATE CONTRACT AMOUNT $302,577.34 APPLICATION FOR PAYMENT CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE L.S. 1 825 4 ?' C.Y. 100 RD.STA 20.3 TON 2900 20, ? 75.00 30 (P0z4 r 825 q`,_ 20.50 2,500.00 $ o{� -0,QQ 25.00 $ `tOc, AO 8.80 $ a sJJ7 cZ 7.21 $jo 401731 $_ ___ $4129144 19.25 TOTAL • APPL...,ATION FOR PAYMENT - Con... Total Contract Amount $ 302, 577.34 Total Amount Earned 064 a? 14 0i •aterial Suitably Stored on Site, Not Incorporated into Work / $ Contract Change Order No. / Percent Complete 0 ► $ !/ aOD. 00 Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete ' $ GROSS AMOUNT DUE $ 30'i * /, .0/v LESS 0 % RETAINAGE $ 0 AMOUNT DUE TO DATE $ ©6 LESS PREVIOUS APPLICATION $.2 r �_ aZ $ AMOUNT DUE THIS APPLICATION q, 71/1/# 4# • COUNTY OF ." b.. A. ) SS STATE OF 11, . ) Beare me on this 7 7 7 day of By: 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 ( -az-4 , 1993. Inland Utility Cnnstrnrt i nn ( or) , 1 J personally appeared / ro U /;t _ 1 � ��-�c � k�virn to me, rt o being duly sworn, did depose and say that he is the 7'l`�°S j 94. L 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 and complete. My Commission Exp S Due. Date Z% (Q3 Page 5 of 5 can E. gnc�el- & &t.ton TARP FU°L!C - N:taIESCTA WRIGHT COUNTY ,,, My commission expires 7 -19-95 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 II-ELLI TT HENDRICKSON, INC. By B - . C — 4 . • Kunde, Russell Wood, Monroe Junker, Jeffrey Kruse, Delbert Johnson, Jeffrey Kress, Kenneth Schell, Scott Bartkey, Robert Anchor Paper Company Becker Arena Products Browning Ferris Industries Cargill Salt Catco Company Coordinated Business Systems Courier, The Croix Oil Company Croix Valley Glassworks Cub Foods Desch, Mark & Gloria Fred's Tire Company G. W. Olsen Construction Glaser, Paul Gordon Iron & Metal Hydrocon, Inc. Independent School District 834 Inland Utility Construction Lind, Leslie & Gladys League Mn. Cities League Mn. Cities Insurance Trust Magnuson, David Mesabi Metropolitan Waste Control Commission Metz Baking Company Mn. Cellular One Mn. Emergency Response Comm. Mn. Sex Crime Investigators Motorola, Inc. N. W. Tire & Battery Northern States Power Co. Pizza Hut Police Institute Ruffridge Johnson Schwantes, Inc. Sensible Land Use Coalition Sensible Land Use Coalition Shiely Company • Sorenson, Renee Stafford, R. H. Washington County Treasurer • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 93 -39 Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Computer Paper Tempered Glass Portable Rental Salt Equipment Parts Mte. Agreement Copier Newsletter Motor Oil Replaced 2 Windows Ivory Liquid Parking Lease Repair Grader Tire Gate - Pioneer Park Boiler Engineer Tubing Payment No. 4 Bloomington Game Payment No. 4 & Final Land Purchase Tax on Directories Worker's Comp. Legal Services Loader Bolts SAC Charge Concession Supplies Mobile Phones Fee - Hazardous Waste Membership- Wardell Mte. Contract 4 Tires - Grader Energy Charge Concession Supplies Liability Class (5) Street Flusher Repair Furnace - Garage Seminar - Russell Seminar - Hooley Sand Skate Instructor Section Maps 9.87 9.87 9.87 9.87 9.87 9.87 9.87 9.87 116.09 4,739.25 148.26 4,538.63 197.07 199.36 1,019.55 203.17 313.00 22.84 742.30 26.00 10,513.00 200.00 106.50 5,627.71 460.50 24,744.64 927.00 20.80 32,408.00 5,100.00 309.64 3,093.75 134.16 30.78 25.00 15.00 201.90 1,171.50 12,267.38 170.00 225.00 66,000.00 297.94 25.00 20.00 853.10 175.00 181.05 State Chemical Mfg. Coirpany Stevensen, James Trio Supply Company Twin Cities Suburban Conf. United Building Supply Viking Safety Products Viking Safety Products Viking Office Products Wardell, Leslie Yocum Oil Company Zee Medical Service MANUAL CHECKS - FEBRUARY Banner Fireworks Display Blue Cross /Blue Shield Government Training Service St. Croix Drug Company Stafford, R. H. Washington County Treasurer Swanson, Douglas Junker Sanitation Service Lily Lake Imprest Fund Lily Lake Imprest Fund Napa Auto Parts Postmaster Postmaster Postmaster ADDENDUM TO BILLS Barthol, Robert Glaser, Paul Johnson, Ron Ness, George Reichow, David Capitol Communications Clarey's Safety Equipment Eddy Bros. Company Government Training Seririce G & K Services Junker Recycling Services League Mn. Cities - Insurance Trust League Mn. Cities - Insurance Trust Local Government Institute McGarry - Kearney Agency Mn. Cellular One Minnesota Conway Northern States Power Company Supplies Membership -Sam's Club Tissue Gate Split Lumber for Simms Equipment Parts Rail - Lift Stations Paper Clothing Allowance Pump Tank /Install Tank First Aid Supplies Fireworks -Down Payment February Billing Seminar -Craig Peterson Cover NSF Check Recording Fees Advance Travel February Payment Reimburse Petty Cash Reimburse Petty Cash Battery Postage for Newsletter Permit Mailing Postage for Meter 753.28 25.00 39.13 2,401.50 195.78 163.85 808.39 42.96 49.99 774.90 64.72 6,000.00 3,402.32 580.00 26.35 144.00 200.00 70,000.00 217.69 179.69 47.88 500.00 812.34 1,000.00 Refund Blue Cross 13.16 Refund Blue Cross 13.16 Refund Blue Cross 13.16 Refund Blue Cross 13.16 Refund Blue Cross 13.16 3 Remote Microphones 207.67 Bunker Coat 309.03 Equipment Parts 178.21 Conference - Bell /Beberg 400.00 Uniform Rental 851.55 Recycling- February 8,167.50 Municipal Insurance Fireworks /Trailer Diskettes Insurance - Equipment Mobile Phones Refill 3 Extinguishers Street Lighting 42,891.50 568.00 102. 5,958.00 95.00 139.57 10,117.19 • • • • Northern States Power Company Northern Handyman Southam Business Comm. Suburban Propane Adopted by the Council this 2nd day of March, 1993. APPROVED FOR PAYMENT Energy Charge Milwaukee Saw Advertise for Bids Propane 324.39 146.96 122.10 274.18 • • APPLICATIONS March 2, 1993 Contractor's Licenses Opus Corporation General Contractor Renewal P.O. Box 150 Minneapolis, Mn. 55440 • PLAINTIFF 11 NAME E AAD ADDRESS PIMA ANO ADOFESS MEFENDANT 9 E MOT M IC1 OP NEARINO • T vuawuFiiL v1 ...ia.im JKI aummOnS State of Minnesota Conciliation Court COUNTY OF WASHINGTON NO.__5Q -C13 - PALE ANO AaOFESS Ctand Car:.gc Stil- w.tcr P.O. Box 39092 Edina, MN.55439 VS. rify of Stillwa4c1- 216 No. 4th St. Stillwater, MN. 55082 D 2/16/93 FEB 1 7199 3 NOTICES MATI.EO PLAINTIFF 12 DEFENDANT 12 NAME AND ADDRESS VS. Name Ronn Hechter Title Manaaincr Partner STATEMENT being duly sworn says that he is the plaintiff above named; that the defends CLAIM its at least 18 years old; that the defendant is not now in the Military Servic ,Ithat the defendant is a resident of Washi nc hon County; and alleg .:that the defendant is indebted to the plaintiff in the amount of $ : `plus $ filing fee, totalling $ ill, (disbursements, by reason of the following acts: ' g On or about the last week of May, 1992 it was reported that a sewer on 2nd St. between Nelson St. • Nelson Alley collapsed. As a result of the collapse water was rerout( underground and came up in the Grand Garage of Stillwater, suites 10B 11, causing damages as follow: 10B -SW Candy- Water cleanup, shampoo deodorize carpet on June 3,7,14. $516. Carpet needs to be replaced - smells, backing is delaminating. (approx. 789 sq.ft.) or 96 yds.carpet take up, removal and installation. $1440. Repairs to water stained lc walls and wood base moldings in approx. 375 sq. ft. $750. Moving of c plays, product and sanitizing floor. $275. Damages to suite #11 -storz Water could not be extracted properly due to storage of items throughc Carpeting was moldy and delaminated on an area of approximately 200 sq.ft. of total 857 sq.ft. Carpet, takeup dand disposal of 105 yds. $1575. Moving of stored items $300. sanitizing floor..$80. Total damag $4936.00 Damages occured at Grand Garage of Stillwater, 324 South ,, NT `t 1 -Inn c i THOMAS P. JOHNSON BERME I TO IAI -- I NIA AMA, aio r ma WPM DATE: MILD • M,llESOTA 2 -3--Q3 StM11FE: NE PIN COUNTY T A !! UNE MyOxiv alma Evrs Auo. 29, MS nJ+ � ELEP!•IaE 6/2192, r - ........ -te a�CiNA J+A yo r c_._ THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT You are herby summoned to appear at the bearing of the above entitled can at 9:00 a. m,04 March 4, 1993 rens Due ,at Washineton County Gov't Center. 14900 61st St No.. Sti111 Clerk Ayes Depnry is t Failure to the defendant to appear In Court may result In a default judgment being entered against k1m. Failure of the plaintiff to appear may result La dismissal of the action or a default judgment being entered In favor of the defendant oa any counter-claim which has beta interposed. .AINTIFF 1 rt'sNDANT 01 3 40T WWI aw TNa assess AMMONS - .:3'T1C11 OP NEARING 'AMU R! APPIIAR Statement of Claim and Summons State of Minnesota COUNTY OF WASHINGTON NAME ANO ADDRESS Pranr3 naragp of Gti tlyatar P.O. Box 39092 Edina, MN.55439 vs. city of gtillwatar 216 No. 4th St. Stillwater, MN. 55082 ` I mAAHY SI iNe wi t:i.t Mi bCK THOMAS P. JOHNSON NCTARY PUSUC • MINNESOTA taw COUNTY Iw�r essolubt Itiokss Aw.m. PLAINTIFF 12 NI E »c ADORE SS !ul.E ANO ADOFESS DEFENDANT 12 Conciliation Court NO. S-93- a o(o NAME AND ADOFESS S33M VS. Nacre Ronri Hechter Title Managing Partner ATEMENT being duly sworn says that he is the plaintiff above named; that the defendan , its at least 18 years old; that the defendant is not now in the Military Service 'that the defendant is a resident of Washinaton County; and allege that the defendant is indebted to the plaintiff in the amount of $ (plus $ filing fee, totalling $ , pa 'disbursements, by reason of the following facts: O or about the last week of May, 1992 it was reported that a sewer on 2nd St. between Nelson St. e au 'Nelson Alley collapsed. As a result of sewer collapse water from rains, etc. were routed underground causing water to seep below the Grand Garage and cause damages in what was then Uniquely Stillwater, suites #7,8,10A Damages as listed Water extractions, cleaning and deodorizing on june 3,7,14. of $1266. Carpet needs replacement staine and smells, backing aoming loose approx. 1600 sq.ft or 190 yds carpet take up, disposal and installation $2850. Water staining on basewood and lower walls from absorbtion of water(approx.600 sq.ft.) $1200. Moving of displays and product and sanitizing floor. $360. As a result of the loss of business and damages to product and disrupt the tenant ceased business operations shortly thereafter. Total damages $5676. Damages occuring at Grand Garage -of Stillwater 324 So. Main St. Stillwater, suites 7,8,10A. s t u IMtAbUVtbut - C .A*4rS1NAAft! at eEFOFE E a CORRECT . Nom. GATE: livr42 TaANTi- TnE `/Z (92 4 y o rs ) THE STATE OF dINNESOTA TO THE ABOVE NAMED DEFENDANT a. Yea are hereby summoned to appear at t% a hearing of the above entitled case at TT March 4, 1993 at Washington County Gov't Center, 14900 61 t St No., Stillw64 Caw AOC* Clerk 0 Dated; 2/16/93 puinn D eputy is m.. o Failure to the defendant to appear la Court may result In a default Judgment being entered against kiln. Failure of the plaintiff t appear may result la dismissal of the action or a default judgment being entered In favor of the d efendant me any counter -claim which has beta interposed. 1 • • Upon receipt of the Notice of Hearing. . if a conflict exists, notify the Court Administrator's Office IMMEDIATELY in writing and mail a copy of same to opposing party. PROCEDURE: WASHINGTON COUNTY COURT ADMINISTRATION CONCILIATION CONTINUANCE POLICY 1. Continuances for good cause can be granted by the Court Administrator's office. 2. Only one continuance may be granted for good cause per party. 3. Any request for continuances MUST be in writing stating the reason for the continuance with a COPY MAILED_ TO THE OPPOSING PARTY. 4. The Court Administrator's Office must receive the WRITTEN notice no later than FIVE days (excluding the court date, Saturday, Sunday, and holidays) before the scheduled hearing date. 5. If a continuance is granted, new notices will be mailed to both parties. 6. If the request for continuance is not timely you are required to appear or a judgment may be entered against you. 7. If you do not appear in court, wait for your copy of the Notice of Judgment. Pursuant to Rule 520, upon proper showing by you, the defaulting party, due to lack of notice, mistake, inadvertence or excusable neglect as the cause of your failure to appear, the judge may. within twenty days after the notice was mailed, vacate the judgment. Absolute or conditional costs of *25.00. not to exceed $100.00, may be ordered to the other party, as a prerequisite to that relief. • • • STATE OF MINNESOTA COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT * * * * * * * * * * * * * * * * Robert D. Engquist, 1. s.O 11L 1.11 1 , vs. City of Stillwater, Defendant. * * * * * * * * * * * * * * * * THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANT: yni7 h ere b y . .... mon`d a..0 i ` `1uil Cd to .live upon Plaintiff's attorney an Answer to the Complaint which is herewith served upon you within twenty (20) days after service of this Summons upon you, exclusive of the date of such service. If you fail to do so, judgment by default will be t _ by •- -- against you for the relief demanded in the Complaint. James E. Speckman Attorney for Plaintiff 2222 North Central Life Tower 445 Minnesota Street St. Paul, MN 55101 (612) 298 -0881 Attorney Lic. No.: 10386X DISTRICT COURT SUMMONS STATE OF MINNESOTA COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT * * * * * * * * * * * * * * * * Robert D. Engquist, riaJ_LL .ill, vs. City of Stillwater, Defendant. * * * * * * * * * *,* * * * * * DISTRICT COURT COMPLAINT Plaintiff for his cause of action states and alleges as follows: I. That during May, 1992, the City of Stillwater was performing miscellaneous construction and /or road work within the City of Stillwater. II. That as part of the construction project which the City of Stillwater was involved in, they removed various traffic signs and other permanent markers and replaced them with temporary road signs, and specifically, with improperly moored stop signs. III. That on or about May 10, 1992, Plaintiff was lawfully walking along the sidewalk in the City of Stillwater and was struck by a stop sign that was blown over when he walked by it. IV. That Defendant was negligent in that it failed to properly secure and maintain its stop sign, failed to adequately warn and • protect pedestrians that were walking within the area and further failed to make the area safe for any parties that would be walking within the area of the temporary stop sign. • V. That as a direct and proximate result of Defendants negligence, Plaintiff sustained a laceration to his arm which has caused scarring and other disfigurement and which is permanent in nature. VI. That as a direct and proximate result of Defendants negligence, Plaintiff has incurred in the past and will incur in the future medical bills the full sum of which h .as not irAt ►,ten fully realized. That as a furthcr VII. and proxiivaLe result of Defendants negligence, Plaintiff has suffered general and special damages all in excess of Fifty Thousand ($50,000.00) Dollars. WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For an award in excess of Fifty Thousand ($50,000.00) Dollars. 2. For his costs, interest and disbursements herein incurred. 3. For such other and further relief as the Court deems just and equitable. Dateu:� 1- James E. Speckmann Attorney for Plaintiff 2222 North Central Life Tower 445 Minnesota Street St. Paul, MN 55101 (612) 298 -0881 Attorney I.D. No.: 10386X ACKNOWLEDGMENT REQUIRED BY MINNESOTA STATUTES 549.21, SUBD. 1 The undersigned, on behalf of Plaintiff, hereby acknowledges that pursuant to Minnesota Statute 549.21, Subd. 2., costs, disbursements and reasonable attorneys fees may be awarded to the opposing party or parties in this litigation if the court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted unfounded positions so as to delay the normal course of the proceedings or to harass or committed a rd-upon the Court. James E. SpeckmannA • • • • • • • October 15, 1992 Officer Sellerner City of Stillwater Police Dept. 216 North 4th Street Stillwater, MN 55082 GAB TIME BE: ' 5pijEg : TRUST MEMBER /INSURED: CLAIMANT /PLAINTIFF: D /L: Dear Officer Sellerner: Sincerely, Adjuster ulie Lassonde JL:pr GAB Business Services Inc 9531 West 78th Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612 - 942 -9818 FAX 612- 943 -2383 Claims Control Branch 56509 -04668 CITY OF STILLWATER ROBERT ENGQUIST 5 -10 -92 We represent the League of Minnesota Cities Insurance Trust (LMCIT), liability carrier for the City of Stillwater. A claim has been presented against the City of Stillwater concerning the above mentioned incident in which you wrote an incident report on. The incident report number is 92 -3545. I have made a few attempts to contact you by phone but have been unable to reach you. Please contact me as I would like to ask you a couple questions concerning this incident. Thank you. GAB ... " Where quality really matters." ( POLICE DEP PLACE CO 4TTE0 (PLC) o .6 /L S. CODE: C - Complainant V - Victim CODE ISN l�- CODE 9 07 NAME (LAST FIRST MIDDLE) , n - " . 5 , t ber-1'- Deda A'.' RES. ADDRESS RES. BUS. ITEM NO TEN SOUAD 0 BADGE O (SBN) ► '1 RE BUS. NAME (LAST FIRST MIDDLE) T 1114- REPORTING REPORTING PARTY I affirm this information to be true and correct OFFICER SIGNATURE i INCIDENT REPORT I AL OFFENSE SSIfICIjTION r C DAZE. RFM)RIFD (Prot e5 -lv-TO- /97a441 J - Juvenile RO - Registered Owner Iu,:F 45l, ■IPsi 8 SB - Subject W - Witness 1IML tiPlt i ?':i'! 18 `/ 1737 1710 S - Suspect RP - Reporting Party PROPERTY VALUE OUANTITY I BRAND NAME TYPE PIC `TI RVI 3d A - Arrested SEX m APPRO BY t' �n 7 f COPIES SENT TO DATE OCCURRED 01'10 PACE q.5xx uoc J SEX RACE AGE DATE OF BIRTH OCCUPATION PROPERTY DESCRIPTION (INCLUDE SERIAL NO.) empet,t/o 4,4 6- rh . � ce,cg1- AL - a ,s ue ,( pan ` 5`� - us - , h ntt 1 i j (w7 mil) 1q-e_ a _4 &'e /adr l4wvr Qt a, tc knJ -v- e e l e/a clod' s(� h 4- at/0/ (� 10 .12_)k_ . Q - � "- - --- eu- r c r t'- 1-0,4.__a . 4.��_ s 03 A. -e_,LVl ez-e `/ S-€ h t Ota,e- 6) �/ji c�r�d� -o- DATE 1 ASSIGNED TO CONNECTING CASE NUMBERS TIME OCCURRED T DAY NGS 5 ucs AGE DATE OF BIRTH OCCUPATION ZIP CODE TELEPHONE c.5 tic y ZIP CODE TELEPHONE e Xi • L. ( LLL% LL ) ! a I Noa JO Ls,. _err., 11 I I I ! 1 2 - 1 4 vvi 3 CO ewzbx. YY")v-s., 0 . ca. .40 LAA-Coo.,_ `717 0 0-K. t 0 m '15 t Ctit' 307. ' c L ettor • 10./1 C--•VOSS ".- La kg-k-- (-P■ b e 4) (o -C4 s-i-o L 0.1A, s144,4 CAI k.X.% trt CA...0 1 V•-■-■ 44.4,3.31) ep,.. rz_Q_ < 1 loIr‘ c c■- 6/ 3 /q cA.) Q.4-4 G- .440%.4 crt ko 141 S_P_e) y-+ cs-lev owidb.a. POLICE t, DEPARTMENT PLACE C O I ITED IPIC) 3 9 O .6 .S. CODE: CODE CODE REPORTING PARTY I affirm this Information to be true and correct OFFICER SIGNATURE FNT S MAN SOUAD O BADGE a ISRNI C - Complainant J - V - Victim RO - NAME (LAST FIRST MIDDLE) C n / A " ^ DATE OCCURRED TIME OCCURRED OS — /O - 9(7\ /7 SEX RACE RES. BUS. ITFM NO riMil 111Y V•AI ttl KN OUANTITV BRAND NAME PROPERTY DESCRIPTION (INCLUDE SERIAL N0.) 1SN 1_ III: — ':1 141 4 _ __ c --eJ ( . IC Liz-01- , A..- a__< Q /) to (eh iZ c% Co c-u , ) L y r te- mt 1k c�1u...1 e i 9 z t � � * /ate, r J Q s7/Le-e/ -1 � ) 21 ....r.-- /&i S ? S C.t_.J (e)r r MetA--;--- it D_ e ilad Y,leztrn C7 L sc.)-meat 1 ,aet- a-r e W.:a .5^1.-ta i_c____R..(eiLl k z--,1__ te./ /„Al. k 111-6.- 1-ki ica,0-- c.,-/z - --/ -- e ea g Ail A ,1,,_ u.-et LL-i4j k- bit- + Jlt -()/ hhQ. e 0427e / eke cba - 2.e c- h 4 C21 iv j ./t.e e -fi t 1 / 4 1-12-( S . : h t Q LG(..� /) 8 C i ri-tG • .0 Lf COPIES SENT TO APPR0 BY DATE CONNECTING CASE NUMBERS ASSIGNED TO °t -� s ; 111;5 R 5 i c c nn; UCS rr UCS AGE DATE OF BIRTH OCCUPATION ZIP CODE TELEPHONE Cs yb ( -35/6e RACE I AGE DATE OF BIRTH OCCUPATION ZIP CODE TELEPHONE LA I PAGE OF ( • • • TO: Mayor and City Council FR: City Coordinator DA: February 25, 1993 RE: CITY ATTORNEY RETAINER MEMORANDUM The 1993 Budget includes a 2 -1/2% increase in the City Attorney's retainer. However, I forgot to inform the Council of this increase when I submitted salary recommendations for the Building Official and myself. Therefore, I am now requesting that the City Attorney's retainer be set at $2,958 per month (2 -1/2% over 1992 retainer). This item is on the consent agenda. • To: Mayor and Council Members City of Stillwater From: Ed Cain Legislative Associates, In BACKGROUND LEGISLATIVE ASSOCIATES, INC.. 7920 Towerbell Court Annandale, VA 22003 (703) 560 -7129 Fax (703) 560 -4632 (612) 439 -768I February 20, 1993 Subject: Status Report and Review; Legislative Fund Raising Work for the Stillwater Retaining Wall Project. Since I have been unable to be in attendance to give a personal report at the past several Council meetings, I would like to provide you with the following written report to bring you up to date on the status of our efforts to $2.8 million of the total $3.2 million to repair and extend the retaining wall system. Since three of the five of you are new members, I'll give you an abrieviated history of the background of the effort. As you know from previous reports and written materials, the levee is in bad • shape. The two studies conducted by SEH Engineering have indicasted that 20% of the wall has already failed - -- -that means, that 200 feet of the lower wall is gone, and that means erosion is continuing under the structure which is causing the second wall to begin to tilt forward, and parts of the wharf have begun to sag. The Army Corps of Engineers in St. Paul (who have studied the problem) reported that the entire wall could fail within the next two years. Given the consistency of the soil back of the levee, sawdust, wood debris, and junk, (Lowell Park, East of Chestnut, was once used as the City dump) the area would wash away quickly if the levee were to go. After several years of talking to the Corps of Engineers, and working through the Offices of the former Congressman of the Sixth District, with very little results, Councilman Funke ask me if I could help - -I said I thought I could - -and he brought it before the Council last May -- and the Council ask me to go to work on it. At that time, the City had submitted a request to the Army Corps of Engineers under Section 14 of the Flood Control Act, which could provide only a maximum of $500,000 -- everything else would have to paid for by the City. The request had been waiting action for three months at the Chicago Regional Office, with no indication they were going to move on it. After working with the City Engineer, meeting with the St. Paul Army Corps of Engineers, and discussions with the Council, I suggested that we go after an authorization and appropriation to extend as well as repair the levee. I had found that, without specific Congressional direction, the Corps may take as long as five years before work was begun. I underestimated the bureaucracy at that point. • The Corps in Washington said ten years. Page Two. Since last May, I have spent hundreds of hours writing materials, and meeting with the Army Corps of Engineers at the District, Regional and National levels, House and Senate Committee staff members, other cities and municipalities with similar problems, Senators and Representatives in Washington, White House staff, State Legislators, DNR officials in U.S. Departments of Interior, Agriculture, Defense, Park Service, and many others. STRATEGY The strategy presented to, and accepted by the Council in July, 1992, was to put together a package that would include the repair, and/or reconstruction of the existing wall system, and to extend the wall 300 feet to the South, and about 1,500 feet to the North of the levee now in place. The North end of the extension would include the filling of the area called Mulberry Point, and the roadway that runs adjacent to the River. This work would permit access all year around to the businesses North of the levee, and assure that the roadway would not be impassable due to the flooding that takes place annually. Fu her, this design would more effectively prevent the deterioration of the existin levee, and end the severe erosion that is now occuring North and South of the le ee. The first step was td get the Stillwater project included in the Water Resources Development Bills that were before Congress at the time the Council ask me to move on it. With a lot of hard work, and the help of Jim Oberstar in the House, and Dave Durenberger in the Senate, we got our provision included. There is a lot more to the story, and there were times when it was almost lost, but when the final bill was passed, the Stillwater provision remained, while half of the projects were dropped. The bill authorized the expenditure of $3.2 million, $2.4 in federal funds, by the Army Corps of Engineers, to repair and extend the retaining wall system. Next is the appropriation process. Again, half of those projects authorized will not be funded. However, we are in good position to be included in the 1994 Appropriation bill that will Provide funds for projects beginning October 1, 1993. (Enclosed is a press release regarding meetings last week that I had with Rod Grams, and the Chairman of the House Appropriations Committee, Tom Bevil! (D) from Alabama.) Hearings will be held on March 24th, Representative Rod Grams and Mayor Hooley will be presenting testimony before the House Subcommittee on Energy and Water Resources Appropriations. With a little bit of luck, we'll also be able to schedule testimony before the Senate Committee at that time, also. A representative from the Governor's office will also be in attendance, supporting our request. I am working equal y as hard with the Senate Appropriations Committee. If we are effective and good enough to get into both bills, we will not have to sweat out losing our appropriation it Conference Committee (the committee established to resolve the differences between the House and Senate bills before they go to the President fort signature.) The combination of projects that are in both the House and Senate bills always exceeds the amount of funds available - -some have to be cut.) • • • • • a 1 Page Three. Meanwhile back at the State level, I am going through a similar process with DNR, the State Legislature, and the Governor's Office to get half of the $800,000 matching money required for the project. While the amount of money is much Tess, it requires almost an equal amount of work. Also, there will be considerable reluctance on the part of the Federal government if the State is not a willing participant in the project. I have had a number of meetings with key Legislators in both the House and the Senate, as well as the Governor and his staff. Our best shot is to get into the Governor's revised budget which will be presented to the legislature soon. There will be a hearing on our request, however, to date, it has not been scheduled in either the House or the Senate. This is not a comprehensive report, but I hope it will give you an indication of what I am involved in, the work required, and how we are progressing. If you have any questions, please give me call. If you do not have a copy of our proposal (the one with the color pictures of the deterioration of the levee) you should get one from Steve Russell. Thanks for your continuing support in getting this project funded and completed. It is vital to our community and City. LEGISLATIVE ASSOCIATES, INC. 7920 Towerbell Court Annandale, VA 22003 (703) 560 -7129 Fax (703) 560 -4632 (612) 439 -7681 NEWS RELEASE February 17, 1993 Washington, D.C. REPRESENTATIVE ROD GRAMS MEETS WITH COMMITTEE CHAIRMAN Sixth District Congressman, Rod Grams, met yesterday with House Appropriations Subcommittee Chairman Tom Bevil! (D- Alabama) to urge federal funding for the reconstruction and extension of the retaining wall system on the St. Croix River at Stillwater. Mr. prams advised the Chairman of the urgency of the situation as they reviewed photographs of the deterioration of the structure. Studies by the U.S. Army Corps of Engineers in St. Paul have predicted the wall could fail within the next two years. "The reconstruction and extension of the levee wall is an urgent and vital initiative, not only for the Stillwater community, but for the entire State. The historical and economic benefits of the project are important to all Minnesotans," Grams stated. He asked for the Chairman's Support for the inclusion of the project in the FY 1994 energy and water appropriation bill to insure funds will be available by October 1, 1993. Chairman Bevil! indicated that he was familiar with the problem at Stillwater, that he had reviewed it with his committee staff, and believed this to be a problem that needed the immediate attention of the subcommittee. He ask if Congressman Grams would be available to present testimony before the House Appropriations Subcommittee on March 24th, to which Grams willingly agreed. After the meeting of the Congressmen, Grams stated, "I am pleased to be working with Ed Cain, Mayor -Iooley, and the City Council on this important development project in my district. The outlay of funds now - this year- to remedy the problem before a major disasker occurs, is the wise use of government resources. It is only right that our children and grandchildren have the opportunity to enjoy the beauty of this site that we have." The $3.2 million project was authorized last year in the Water Resources Development Act passed by the Congress and signed into law by President Bush. It provides for the the necessary repair and reconstruction of the existing 1,000 foot levee, and the 1,600 extension of the wall system to both the north and south of the • • • • Page Two - Grams /Bevil) Meeting. • • existing structure. Commenting on the progress of the appropriation, Cain stated, "The meeting between Congressmen Grams and Bevil) is an important step in the process. The chairman was encouraging, yet did not, nor could he, make any commitments on behalf of the entire subcommittee. We now have an opportunity to present our case before the group that makes the decisions--and that's about all that we can do at this time." A similar process is now underway with the Senate Appropriations Committee. Both Minnesota Senators are supporting the Stillwater project. Senator Dave Durenberger was key in getting the authorization provision included in the senate bill The mark -up of the appropriations bills in both Houses of Congress is expected sometime later this spring or early summer. The House traditionally is the first body to take action. GENE MERRIAM • Senator 49th District Room 122, State Capitol St. Paul, Minnesota 55155 Phone: 296 -4154 10451 Avocet Street Coon Rapids, Minnesota 55433 i s Primed on Recycled Paper February 15, 1993 The Honorable Charles M. Hooley Mayor, City of Stillwater 216 North Fourth Stillwater, MN 55082 Dear Mr. Hooley: Thank you for your letter regarding the deterioration of the St. Croix River retaining wall system at Stillwater and requesting State funding for this project. I have met with Ed Cain regarding this matter, and it is my understanding that we are curently awaiting response from the Department of Natural Resources as to where this fits in the State's priority system. Again, thank you for your letter. Very trj y yours, GENE MERRIAM State Senator GM /mc Senate State of Minnesota COMMITTEES • Chairman, Finance • Environment & Natural Resources • Judiciary • Rules & Administration • Legislative Commission on Waste Management • Legislative Commission on Minnesota Resources • Legislative Advisory Commission • Legislative Audit Commission • Legislative Commission on Employee Relations • Legislative Commission on Planning & Fiscal Policy SERVING: Anoka, Champlin, Coon Rapids, Dayton, Hassan, Rogers 4i • • OFFICE OF THE COMMISSIONER February 10, 1993 The Honorable Charles M. Hooley Mayor, City of Stillwater 216 North Fourth Stillwater, Minnesota 55082 Dear Mayor Hooley: Governor Carlson has asked me to respond to your letter of January 26, 1993 regarding reconstruction of the retaining wall and providing additional flood protection in Stillwater. It is my understanding that Kent Lokkesmoe, Director of the Division of Waters and members of his staff have discussed this project with representatives of Stillwater and that the city has proposed some changes to enhance the flood protection aspects of the project. A determination has not been made if there will be a bonding bill to fund projects of this type during the current legislative session. The Department of Natural Resources will provide the legislature with a list of Flood Hazard Mitigation Grant Assistance Program projects including the Stillwater project. I would suggest that you contact your local legislators to be sure that they are aware of your needs in the event that a bonding bill is proposed. If you have additional questions or concerns please contact Mr. Lokkesmoe at 296 -4810. Yours truly, 7 4 /' V 7-1 Rodney W. Sando Commissioner ( OF l i a ` k DEPARTMENT OF NATURAL RESOURCES tj 500 LAFAYETTE ROAD, ST. PAUL, MINNESOTA 55155 -4037 cc: Katherine Ella v Kent Lokkesmoe Lloyd Knudson AN EQUAL OPPORTUNITY EMPLOYER . DNR INFORMATION (612) 296 -6157 DOC Commissioner's Ofc TEL :612- 642 -0414 /Minnesota Department of Corrections February 19, 1993 Dear Chairman McMullen; Feb 23'93 16:07 No.003 P.02 I received today your letter and the attached resolution regarding some erroneous impression you obviously have on proposals which will be presented to this legislative session. It is unclear to me exactly what you base both the resolution as well as your letter upon, but I think it is important that you receive information that is accurate. First of all, as a taxpayer who resides in Washington County together with my wife, as well as my four children who also have homes and reside in the county, I somewhat resent the implication that I have no concerns about issues others than those at the state level. Secondly, you should be aware that what the Minnesota Department of Corrections is proposing relates to offenders who currently are not designated to be sent to prison based on their offense and who, by sentencing guidelines, would be presumed to be dealt with at the county level. We currently receive commitments from Community Corrections Act counties who will be spending, in some cases, only days or several months but certainly less than one year in a state correctional system designed for dangerous, long -term offenders. There is absolutely no proposal which suggests, as you stated in your resolution, that "county minimum . security facilities would be used to house high -risk, potentially violent prisoners ". We are proposing local incarceration for individuals who violate their probation for an offense that did not call for a prison sentence and who the court deems should spend some time incarcerated. We are also suggest- ing that the legislature provide more money for community corrections -- $3 million in fiscal year 1994 and $6.5 million in fiscal year 1995, added to a base of $23.4 million -- as well as provide more money for the counties to continue expansion of the Sentencing to Service option for . low -risk offenders. Phillip McMullen, Chairman Washington County Board of Commissioners Government Center, Box 6 14900 - 61st Street North Stillwater, Minnesota 55082 -0006 Office of the Commissioner • 300 Bigelow Building • 450 North Syndicate Street • St.Paul, Minnesota 55104.612- 642 -0282 en Eeu•1 Oneertunl v Emelover DOC Commissioner's Ofc TEL:612- 642 -0414 Feb 23'93 16:08 No.003 P.03 Phillip McMullen February 19, 1998 Page two Si isle B. Rung Commissioner OBP:sb Thirdly, the resolution makes the outrageous assumption that we would be transferring state prisoners to county jails. There is absolutely . nothing in any proposal to support this . fundamental error. Once again, I think it would be appropriate for you to clarify what our proposals are befo a you assume that we somehow or another are attempting to foist pr blems onto Washington County. If the legislature deems that it is appropriate for the state to incarcerate offenders who sentencing guidelines do not designate for imprisonment and who are to • spend 'short periods of time utilizing the most expensive option avail- able, then the legislature will make that decision and, needless to say, the taxpayer will accommodate this policy. cc: Senator Gary Laidig Senator Len Price Senator Jane Krentz Senator Kevin Chandler Representative Doug Swenson • Representative Mark Holsten Representative Pamela Neary • Representative Walter Perlt Representative Palt Beard Representative Brad Stanius Sue Laidig,' Legislative Representative Frank Wood, Corrctions Deputy Commissioner Richard Mulcrone Corrections Deputy Commissioner . Dennis Hegberg, Bounty Commissioner Mary Hauser, County Commissioner Wally Abrahamson, County Commissioner Dave Engstrom, County Commissioner • • • February 16, 1993 WASHIN( Dear Commissioner Pung: BOARD C G( Dept. Phone # 14900 61st STREET NORTH, P Office: (612) 430.6003 Pettit r. r 3G _ O L( s t Fax # Commissioner Orville Pung Minnesota Department of Corrections 300 Bigelow Bldg. 450 N. Syndicate St. Paul, MN 55104 P.ost•ItN brand fax transmittal memo 7671 1 # of pages ■ Tb i\M srf se. \ From u i Co. Co. For the past several years, the Washington County Board of Commissioners has dealt with the need for a new minimum security facility to meet the County's incarceration needs. The decisions regarding construction have been difficult and controversial. Now, it seems the Department of Corrections is looking for ways to avoid having to make such difficult decisions. Instead, you are proposing to use local property taxes paid by our constituents to solve your overcrowding problems. Washington County is on record opposing any D.O.C. /legislative recommendation that would require county governments to house potentially violent, high -risk inmates for up to one year. Your proposal would cost Washington County taxpayers $547,470 per year. As local elected officials, we are hard pressed to find any legitimate reasons for your plan. In fact, the 1991 Legislative Auditor's report clearly indicated that the overcrowding of correctional facilities was found to be a more serious problem at the local level than at the state level. The State Sentencing Guidelines System has placed these potentially violent, high -risk offenders in the hands of the state, not the local units of government. They did so after careful consideration as to the appropriate jurisdiction. Printed on Rec Paper AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER vistnct b erg 011 len rm an Commissioner Pung Page 2 Your solution is a state fiscal escape route which would lead those offenders to county jails. Such a proposal is irresponsible. It is our hope that the Legislature will protect local property taxpayers from this plan. Washington County government has had to make very difficult decisions on law enforcement issues such as jails. Now it is time for state officials to provide similar •leadership, make the necessary decisions at the state level, and provide financing from state generated funds. Yours truly, - Z 7 '70 7 > -1?4_,. Phillip McMullen, Chairman Washington County Board of Commissioners /sb cc: Dennis Hegberg,1County Commissioner Mary Hauser, County Commissioner Wally Abrahamson, County Commissioner Dave Engstrom, County Commissioner Senator Gary Laidig Senator Len Price Senator Jane Krantz Senator Kevin Chandler Representative Doug Swenson Representative :Mark Moisten Representative Pamela Neary Representative Walter Perlt Representative Pat Beard Representative Brad Stanius Sue Ladwig, Legislative Representative Attachment: Subject Resolution f • •TTEST February 16, 1993 DATE •MOTION BY COMMISSIONER Abrahamson /s/ Charles J. Swanson COUNTY ADMINISTRATOR /s/ Phillip R. McMullen CHAIRMAN, COUNTY BOARD DUAUIU ur 4UUN 1 Y t UMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 93 -010 DEPARTMENT Administration SECONDED BY COMMISSIONER Opposition to Place State Prisoners in County Facilities ABRAHAMSON ENGSTROM HAUSER HEGBERG MCMUUB4 Hauser WHEREAS, the Department of Corrections has proposed a change in State law which would allow state prisoners to be housed in county jails if they have less than one year to serve; and WHEREAS, the 1991 Legislative Auditor's report shows that jail overcrowding at the local level is a greater problem than state prison overcrowding; and WHEREAS, the proposal would mean county minimum security facilities would be used to house high -risk, potentially violent prisoners; and WHEREAS, this plan would mean county taxpayers would be carrying the burden of paying for the state's prisoners; and WHEREAS, this plan would cost Washington County taxpayers an additional $547,000 per year; NOW, THEREFORE BE IT RESOLVED that the Washington County Board of Commissioners opposes any move to put state prisoners in county facilities as a way of avoiding state prison overcrowding. YES X Absent X NO OFFICE OF THE COMMISSIONER February 16, 1993 Wally Abrahamson City of Stillwater City Hall - 216 North 4th Street Stillwater, MN 55082 Re: Petrofund Application Leak # 4204 Dear Mr. Abrahamson: STATE OF MINNESOTA DEPARTMENT OF COMMERCE 133 EAST 7th STREET ST. PAUL, MN 55101 612/296 -4026 FAX: 612/296 -4328 The Petrofund Board will consider your reimbursement request at its next meeting which will take place on March 11, 1993. at 8:30 a.m. The meeting will be held at the Minnesota Department of Commerce, First Floor Hearing Room, 133 East 7th Street, St. Paul, Minnesota. Please advise your contractor or consultant that your reimbursement request has been placed on the agenda. Minn. Rule 2890.0065 provides for a 10% reduction in reimbursement for failure to immediately report a release to the MPCA; this reduction will be recommended to the Board. Reimbursement of $11,489.97 will be recommended to the Board. You will be notified, in writing, within ten days of the Board's decision. We are enclosing for your review a copy of the MPCA Site Report. If you disagree with the recommended reimbursement amount, or wish to contest any statements or recommendations in the MPCA Site Report, you must send a letter of explanation to the Petrofund at the above address. Your letter should reach our office ten days before the Board meeting. The Board will base its decision on your application, on the MPCA Site Report, and on your written correspondence. Your attendance at the Petrofund Board meeting is permitted but is not required; if you wish to speak at the Board meeting, please contact the undersigned prior to the meeting. Please note that the Board may limit the time allowed for speaking. If you have questions, please contact the undersigned. Very truly yours, Esther Snaza Commerce Anal t 612/297 -7036 /cjs enclosure AN EQUAL OPPORTUNITY EMPLOYER Site: Parking Lot Site ID #: LEAK00004204 Applicant: City of Stillwater Date of Application: July 7, 1992 Date of Underground Storag. Tank Registration: Not applicable 1. Eligibility Determination I hereby make the dete minations, regarding the above - referenced petroleum tank release site, that the corrective action taken by the applicant was appropriate in terms of protecting public health, welfare, and the environment and that the applicant is eligible for P trofund reimbursement, pursuant to Minn. Stat. § 115C.09, subd. 2, items (a) and (c) (Supp. 1990). 2. Compliance with Applic -ble Requirements: INADEQUATE Information readily available to the Minnesota Pollution Control Agency (MPCA) staff shows that the applicant has complied with the applicable requirements of Minn. Stat. § 115C.09, subd. 3(d)(Supp. 1990) with the following exceptions: The responsible party Failed to notify the MPCA immediately of the release as required by Minn. Stat. § 115.061. The release was discovered during an environmental assessment on May 21, 1990. The release was reported to the MPCA on July 3, 1992. 3. Reimbursement Reduction Recommendation: The MPCA staff recommends a reduction in the amount of reimbursement available to the applicant, under 1991 Minn. Laws ch. 175, § 5 (to be codified as Minn. Stat. § 115C.09, Subd. 3(e), based upon the compliance failure noted above. The determinations in this report are made solely for the purpose of determining eligibility for reimbursement under Minn. Stat. § 115C.09, subds. 2 and 3 (1990). Nothing in this site report releases any person from liability, and the MPCA does not waive any of its authority to require additional corrective action at the above - referenced site or to enforce other provisions of state law. 1 t' ---ri 92. 41041.0,trot. iftw Michael Ka -�, Manager Tanks and s Section Hazardous W. e Division Dated: MINNESOTA POLLUTION CONTROL AGENCY COMMISSIONER'S SITE REPORT TO THE PETROLEUM TANK RELEASE COMPENSATION BOARD • 4_ 3490 Lexington Avenue North St. Paul, MN 55126 League of Minnesota Cities (6 490 -5600 February 5, 1993 To: Mayors, Manager, Clerks (% City Clerk /Administrator) From: Darlyne Lang, Director, Conference /Building Subj: 1993 Annual Conference Parade of Flags At the League's 1991 annual conference in Rochester, the Parade of Flags began. The conference opened with flags from over 100 of Minnesota Cities being carried into the opening session. Again this • year, flags will be presented at the opening session on June 8, and displayed in the exhibition hall throughout the conference. We hope your city will be able to participate this year. If you do not have a flag, you may wish to consider having one made at this time. Flags should be sent by May 21 to: (please do NOT send poles) Pam Schramel St. Cloud Civic Center 10 Fourth Avenue South St. Cloud, MN 56301 If you have any questions regarding the Parade of Flags, please call Darlyne Lang at the League office, 612 - 490 -5600 • Member Commissions: Albert Lea Arden Hills Austin emidji loomington Brooklyn Center Columbia Heights Coon Rapids Cottage Grove Crystal Duluth Eden Prairie Edina Falcon Heights Fergus Falls Fridley Golden Valley Hibbing Inver Grove Heights Mankato Maplewood Marshall Minneapolis New Brighton New Ulm Oakdale Orono Red Wing Richfield Robbinsdale Rochester Roseville St. Anthony St. Cloud St. Louis Park St. Paul � Shakopee outh St. Paul The League of Minnesota Human Rights Commissions Board of Directors: James Brown, Crystal Mary F. Clardy - Miller, Minneapolis Dick Danzl, Cottage Grove Julie Eoloff, Brooklyn Center Wayne Groff, Falcon Heights Marion Helland, Golden Valley John W He'nak, Columbia Heights Eileen Hyland, Coon Rapids Joan Isaacson, Rochester Pete Iverson, Eden Prairie Bob Kearney, Hibbing Tim Kreiger, Robbinsdale Tom Kuster, New Ulm Lon G. Lippert, St. Paul Jim McDonough, St. Louis Park Thelma McKenzie, Roseville Jane McPartland, St. Cloud Maury Muench, Bloomington Yvonne Price, Bloomington Karla Sand, Maplewood Sushda Shah, Arden Hills Dan Stores, Marshall Bob Techam, Crystal Jean Tye, Hibbing James Wade, Minneapolis Pat Williamson, Maplewood To:Minnesota's Mayors, City & County Commissioners As may you know, The League or Minnesota Human Rights Commissions has recently launched a statewide campaign to encourage Minnesotans to take a stand against growing acts of racial, religious, ethnic and sexual bigotry and harassment. The chief thrust of our statewide campaign is the establishment of local Human Rights Commissions in every city and county in Minnesota, to work to foster harmonious intergroup relations amongst all our citizens. We are writing to enlist your leadership and support toward this end in your community, and are enclosing a descriptive brochure on how to start a Human Rights Commission. We are prepared to visit your community, or to chat by phone, to explore how we can work together to establish a Human Rights Commission in your community. May we hear from you soon? In the meantime, please share this letter and enclosures with other commissioners and concerned members of your local government. Thank you very much. Another dimension of our campaign is distribution of the enclosed Pledge /Program form, which suggests simple, doable ideas every citizen can act upon to counter bigotry, and thus be a positive force in his /her everyday life. encls. Robert Techam President February 2nd, 1993 Sincerely, Morton W. Ryweck Campaign Coordinator 612 - 374 -5580 4221 Lake Road Robbinsdale, MN 55422 Telephone (612) 535 -1051 The League of Minnesota Human Rights Commissions A Statewide Campaign Against Hate and Bigotry and to Celebrate Our Diversity My Personal Piedge: Please Print Your NamP• TeL #• Address. In the wake of the escalation of racial and intergroup tensions and hatred in our society that have been gathering momentum over this past decade, and now are reflected in the tragic occurrences in Los Angeles and elsewhere in our country: • I pledge to be a positive force in my community, to be an ambassador of goodwill for racial justice, equality, understanding and mutual respect. • I pledge to examine my own biases, and stereotypes that I may hold of other groups, in all aspects of my life. • I pledge to judge others on their individual worth, and not on the color of their skin, their religion, their national origin or their sexual orientation. • I pledge to speak out against the escalation of hate crimes, racism, anti - Semitism, bigotry, sexual harassment and the growing violence against women and homosexuals in our society, in my personal relations and through the organizations to which I belong. • I pledge to take positive steps in my community and elsewhere in our state, by serving as a bridge to minority groups, by developing with them cooperative educational programs and common projects. • I pledge to work to understand, respect and celebrate the mosaic of cultures and races that make up our state and country, and which enrich our lives through their diversity. Please send me ideas for local and state programming. Your Signature City: Zip• Please send me your speakers' list of persons, organizations and performing groups of culturally diverse backgrounds. Please send information on holding a diversity dinner or meeting with another racial, religious or ethnic group, or representatives of such groups. " Please send me information on organizing a local Human Rights Commission to build mutual res among all our citizens, and to educate about bigotry and its harmful effects. Please call me at to discuss some of the above program ideas, as well as other possibilities. (Over Please) Please reproduce and distribute copies to your friends and neighbors, and organizations to which you belong for indusion in their newsletters. For further information or assistance, contact the Campaign Coordinator, Morton W. Rywedc, (612)374-5580, 1916 Penn Avenue south, Minneapolis, MN, 55405. Agencies and Organizations That Can Help Provide Speakers and Programs for Countering Racism and Bigotry, and Promoting Intergroup Understanding and Respect. League of Minnesota Human Rights Commissions 4221 Lake Road Robbinsdale, MN 55422 612- 535 -1051 Tim Krieger - President Council on Black Minnesotans 2233 University Avenue St. Paul, MN 55114 612- 642 -0811 Lester Collins - Director Indian Affairs Council 127 University Avenue St. Paul, MN 55155 612- 296 -3611 Roger Head - Director Minnesota Alliance for Arts in Education 5701 Normandale Road Minneapolis, MN 55424 612 - 920 -9002 David L. Bach - Director St. Paul Department of Human Rights Human Rights 515 City Hall St. Paul, MN 55102 612 - 298 -4288 Josephier Brown - Director Urban League of Minneapolis 2000 Plymouth Avenue North Minneapolis, MN 55411 612 - 521 -1099 Gary Sudduth - President Urban League of St. Paul 401 Selby Avenue St. Paul, MN 55102 612 - 224 -5771 Willie Mae Wilson - President Minnesota Council of Churches 122 West Franklin Avenue Minneapolis, MN 55405 612 - 870 -3600 Attn: Louis Schoen Council on Asian Pacific Minnesotans 205 Aurora Avenue - Suite 100 St. Paul, MN 55103 612 - 296 -0538 Dr. Albert de Leon - Director Spanish Speaking Affairs Council 506 Rice Street St. Paul, MN 55103 612 - 296 -9587 Eduardo Wolle - Director Jewish Community Relations Council - ADL (also A World Of Difference) 1111 3rd Avenue South Minneapolis, MN 55404 -1000 612 -338 -7816 Brenda Barrie - Director Minnesota- Dakota State Conference of NAACP Branches 4329 Portland Avenue Minneapolis, MN 55407 612 - 825 -9643 Lewis C. Freeman - President Minneapolis Branch NAACP 310 East 38th Street Minneapolis, MN 55479 612 -822 -8205 Mathew Little - President St. Paul Branch NAACP 1060 West Central Avenue St. Paul, MN 55104 612 -646 -3195 Steven W. Zachary - President (This is a partial list of resources to help you in your programming. A more comprehensive list is being developed) Mulberry Point Yacht Harbor PPM" Stillwater, Minnesota To whom it may concern.... January, 1993 The membership of the association of slip owners, formerly known as the "Dock Association of Stillwater, Inc. ", is proud to announce that it has changed its name to "Mulberry Point Yacht Harbor, Inc. ". In keeping with the spirit of renovation, both in downtown Stillwater and the riverfront area including Mulberry Point, the membership believes the new name to be more descriptive of its location within the community. The relationship between Mulberry Point Yacht Harbor, Inc. (MPYH) and the Stillwater Yacht Club (SYC) remains unchanged. MPYH maintains the in -water docking structure which encompasses 157 permanent berths, ramps and walkways. As summertime residents, MPYH members pay half of the annual property taxes assessed to SYC. Last year, Mulberry Point Yacht Harbor members paid over $44,000.00 in local property taxes. Many MPYH members are Stillwater residents and business owners /employees. Also, many members live aboard their boats during the boating season. As the blue and gray colors of our burgee suggest, we boat whether sunny or cloudy. If you would like more information about our association, please contact Gary Getty, Secretary, at 612/832 -4040. Mulberry Point Yacht Harbor, Inc. P.O. Box 26125 Shoreview, Minnesota 55126 Phone 612- 464 -2351 • February 19, 1993 Mayor Charles Hooley CITY OF STILLWATER 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mayor Hooley: On behalf of the Stillwater Area Chamber of Commerce, I would like to extend our heartfelt thanks for your Corporate Sponsorship at our "All Cities Banquet" on February 10th. This event was a great way to kick off 1993! We value your contributions and look forward to working together with you this year. Sincerely, Christine L. White Executive Vice President CLW /bg Serving the St. Croix Valley Area. Brick Alley Building • 423 So. Main Street • Stillwater, Minnesota 55082 -5127 • (612) 439 -7700 • ISO Commercial Risk Services, Inc. • 6550 York Avenue South • Suite 600 Minneapolis, MN 55435 • (612) 920 -6726 • FAX: (612) 920 -0029 Merle M. Happel, CPCU Regional Director February 23, 1992 Honorable Charles M. Hooley, Mayor Municipal Building 216 N. 4th Street Stillwater, MN 55082 -4898 Dear Mayor Hooley: A subsidiary of Insurance Services Office, Inc. We wish to thank you, and others for the cooperation given to our representative during our survey. We have completed our evaluation of the fire insurance classification for your city, and advise that the protection class has improved to 4. Formerly Class 5 applied; the new classification will result in a decrease in the fire insurance rates for many insured commercial properties within the city. The new rates will be effective June 1, 1993. The purpose of our visit was to gather information needed to determine a fire insurance classification which may be used to develop fire insurance rates. This survey was not conducted for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations will be made. The change from 5 to 4 does not affect rates for sprinklered properties or residential occupancies insured under Homeowners type policies and some other special schedule rated property. The change will affect typical mercantile properties to a degree depending upon the type of building construction, the hazard of occupancy and other rating factors. The overall effect is usually about -5% for wood frame buildings, -6% for masonry buildings and -1% for fire - resistive buildings. However, variations in construction, occupancy and private protection can result in increases or decreases from this average. The above estimates apply only for insurance companies using ISO rates. However, numerous insurance companies use other than ISO rates so that the effect of the change in class may be different for their policy holders. The city classification applies to properties with a needed fire flow of 3500 gpm or ess. The private and public protection at properties with larg r needed fire flows are individually evaluated, and may vary from the city classification. We are attaching a copy of our Grading Sheet and the results of the hydrant flow tests witnessed during our survey. Extra copies of this letter and attachments are enclosed so that you may distribute them to other interested parties, if you desire to do so. If you have any ques4.ions concerning the new classification, or the resulting change in fire insurance rates, please let us know. Yoti s very f ly G. Dv3fstra Fiel Enclosures GD:lm Representative 2 • • • • • • Municipality Date Surveyed Stillwater CLASSIFICATION DETAILS July 1992 SUMMARY OF CREDIT Receiving and Handling Fire Alarms Fire Department Water Supply * Divergency Class % State MN Population 13717 Total Credit 63.99% Class 4 Assigned 6.50 % 28.93 33.99 -5.43 63.99 % The Public Protection Class is based on the total percentage credit as follows: 1 90.00 or more 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 40.00 to 49.99 7 30.00 to 39.99 8 20.00 to 29.99 9 10.00 to 19.99 10 0 to 9.99 Maximum Credit 10.00% 50.00 40.00 * Divergence is a reduction in credit to reflect a difference in the relative credits for Fire Department and Water Supply. The above classification has been developed for fire insurance rating purposes only. City Stillwater State MN Zip 55082 Witnessed by ISO COMMERCIAL RISK SERVICES, INC. IIU °A UTb©OG1FATS L\ 33 ISO /CRS Date 7/12/92 FLOW -GPM PRESSURE FLOW PSI AT 20 PSI TEST TYPE TEST LOCATION SERVICE INDIVIDUAL TOTAL STATIC RESID. NEEDED AVAIL. REMARKS NO. DIST.* HYDRANTS •• 1 Comm Main & Mulberry Low 1980 1980 75 56 6000 3500 2 Comm Main; N of Laurel Low 1920 1920 75 57 3500 3500 3 Comm Nelson & Main Low 2030 2030 78 55 3000 3300 4 Comm Myrtle & 3rd Middle 1980 1980 115 82 2500 3500 5 Comm Marsh & 6th Middle 1570 1570 51 42 5000 3100 6 Comm 60 & Oxboro Oak Pk 1690 1690 86 51 4000 3800 NPioht< 7 Comm Greeley; N. of #36 High 2230 2230 70 65 4500 7700 N on Northwestern 8 Comm from Frontage High 2120 2120 60 56 3000 3700 9 Comm Hyd S of Tower High 1220 1220 52 29 4000 1500 10 Comm E Pine & 3rd Middle 1920 1920 88 64 2500 3400 11 Comm Churchill & Greeley Middle 1280 1280 60 39 2250 1800 12 Comm Owens & Elm Middle 1020 1020 40 19 2250 1000 13 Comm Curve Crest & Northwesterr High 2030 2030 60 57 2250 8200 14 Comm Skyview & Hillside High 1810 1810 69 50 750 3000 15 Comm 1599 McKusick Rd High 2220 2220 100 65 500 3500 THE ABOVE LISTED NEEDED FIRE FLOWS ARE FOR PROPERTY INSURANCE PREMIUM CALCULATIONS ONLY AND ARE NOT INTENDED TO PREDICT THE MAXIMUM AMOUNT OF WATER r REQUIRED FOR A LARGE SCALE FIRE CONDITION. THE AVAILABLE FLOWS ONLY INDICATE THE CONDITIONS THAT EXISTED AT THE TIME AND AT THE LOCATION WHERE TESTS WERE WITNESSED. • Comm = Commercial; Res = Residential. •• Neede rate of flow for a specific duration for a full credit condition. Needed Fire Flow neater than 3,500 gpm are not considered in determining the classification of the • when using the Fir pression Rating Schedule. EXECUTIVE DIRECTOR Dennis L. Balyeat February 24, 1993 RE: Dear Mayor Hooley: Washington County Housing and Redevelopment Authority 321 Broadway Avenue • Saint Paul Park, Minnesota 55071 Mayor Charles Hooley City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Low Income Housing - Tax Credits Application Cottages of Stillwater - Phase III 2304, 2344, 2244, 2204 Cottage Drive Stillwater, MN 55082 The Washington County HRA has received an application for additional tax credits from the Cottages Phase III Limited Partnership. One of the federal requirements of the Tax Credit Program is that the allocating agency (in this case, Washington County HRA) notify the Chief Executive Officer of the locality in which the project is located and give them an opportunity to comment. The original allocation of the Tax Credits was $61,145. The limited partnership is now requesting an additional $8,800. The request is based on the escalated cost of construction and the higher number of low income residents served. The HRA Board of Commissioners considered the allocation of tax credits to this project at the board meeting on February 17, 1993. The Board did not see any problems with the request. However, if you have any comments on the Cottages Phase III development or regarding the use of tax credits for this project, please submit them to me in writing by March 5, 1993. BOARD OF COMMISSIONERS Telephone (612) 458 -0936 Telecopier (612) 458 -1696 District 1, G. Howard Ruggles District 2, M. Neal Erdahl District 3, Jay Kimble District 4, Charlene Wilcox District 5, Elmer Morris Mr. Charles Hooley Page Two February 24, 1993 Please do not hesitate to contact me at 458 -0936 with any questions. Sinc l U Yv Project \, YQ /wls uar at. Manager c: Jay Kimble - HRA 3oard of Commissioners Dennis L. Balyeat - Washington County HRA Barbara Portwood- Holmes & Graven • • • THE BIRTHPLACE OF MINNESOTA PERMIT TO USE PIONEER PARK Permission is hereby granted to the party(s) named below: CJ C A vi /yi'7 !7i , r, During the hours of: //4!'744.4,/ 4 C .1 - G C S On the day of: fi v►1 C /5' To use Pioneer Park, including exclusive use of the picnic shelter, for the purpose of: P/C. ,v% C 7< 00 004 A r / 6_ P - /2y$ f COPY C24 o 'er This permit does not include the consumption of alcoholic beverages, for which a separate permit from the City Council is required. This permit does not grant the permittee exclusive use of the entire park. Picnickers may use tables outside the shelters. TeAN //OS Ec. SA 1 / wA'7/ 5 SUr.2 % - f„ > s , ' , �f -� e 1 Or Tim Thomsen Parks Director (612) 439 -4561 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439 -6121 :■,■ cdu.; uo inVi ass 744 on oz. 1 [oz azaI 5, 1993 C.:ntJsYL 1�ilo?ul1ie 13: des& 9i &Neat e�zoiee a sst G. Va./Ze &Neat azotae Enetow/ $25.00 list lsetson Oruze fraud's meat, tax, gtatui and g ift). eeia may �ie made out to tie sit o Sliinnetonka. �S O/out :7I e dl/{innetonI a sit y eouncd eotdiall y invites you to attend an a/i/zzeciation dinner In Io zo' of l amed. 9. S14i «ez 9ziday, AYlatJ 12 ,1993 at d.even o' dock in the evening 4innea/2oLts Sl4atztott csou1 wed1 tt a 6:00 �.m. 5501 CO/lus 1PatIway S4inneton a, 4tnned.ota 0E4 NJ • • • Gary R. Johnson Vice President and General Counsel Mollies M. Winston Vice President, Secretary and Financial Counsel David A. Lawrence Jack F. Sloholm Director —Law Director —Law Writer's Direct Dial Number Michael J. Attorney Attachment son Northern States Power Company Law Department 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330 -6600 Fax No. (612) 330 -5827 February 27, 1993 TO MUNICIPALITIES AND COUNTIES IN NSP'S ELECTRIC AND GAS SERVICE TERRITORIES: Re: Minnesota Public Utilities Commission Docket Nos. E- 002/GR -92 -1185 & G- 002/GR -92 -1186 Attorneys Gene R. Sommers Ralph S. Towler Stephen C. Lapadat Harold J. Bagley James L. Altman Donnellda L. Rice Cheri L. Brix Michael J. Hanson Michael C. Connelly John W. Haine Chandra G. Houston Audrey A. Zibetman James P. Johnson On November 2, 1992, Northern States Power Company ( "NSP ") filed for an electric and gas rate increase with the Minnesota Public Utilities Commission ( "PUC "). The Commission has referred this filing to the Office of Administrative Hearings for evidentiary and public hearings. In accordance with paragraph 4b of the Commission's Notice and Order for Hearing dated December 14, 1992, attached is the notice of scheduled public and evidentiary hearings to be held in this proceeding. If there are questions, feel free to call the undersigned. PRICE INCREASE NOTICE: HEARINGS ON NSP'S REQUESTS FOR ELECTRIC AND GAS PRICE INCREASES Public hearings are scheduled on Northern States Power Company's requests for electric and gas rate increases. Any SP customer may appear or ntake a statement at these hearings. You are invited to address concerns such as the adequacy and quality of NSP's service, the level of prices or other related nutters. You do not need to be represented by an attorney. The hearings will be Wednesday Montevideo March 10 Chippewa Cty Courthouse 7:00 p.m. Assembly Room Ilth St. and Washington Ave Wednesday Dil rth March 17 Hall 7:00 p.m. Hwy 10 & 4th St. N.E. Wednesday St. u1 Match 24 Public Utilities Commission 1:30 p.m. Large Hearing Room, 3rd floor & 7:00 p.m. 121 7th Place E. Tuesday Winona March 30 Wincna Cty Courthouse 700 p.m. Conf :ante Room A 3rd 4 Washington St Thursday March 11 1:30 p.m. & 7:00 p.m. Thursday March 18 7:00 pm. Thursday March 25 7:00 p.m. Wednesday March 31 7:00 p.m. Evidentiary Bearings for presentation of formal direct testimony, rebuttal and surrebutral testimony, and cross- e'ramination of that testimony are scheduled to begin Wednesday, April 7. 9:30 a.m., and continue thereafter is needed, at the Public Utilities Commission, Large Hearing Room, 3rd•foor, 121 7th Place E., Si. Paul, MN 55101.2147. Information about the public and evidentiary hearings may be obtained from Administrative Law Judges Richard C. Luis regarding the electric case and Allan W. Klein regarding the gas case, Office of Administrative Hearings, Suite 1700, 100 Washington Square. Minneapolis, MN 55401. NSP has asked the Minnesota Public Utilities Commission for increases in both electric and gas retail prices. The Company's request in its electric petition was for a 9 percent (SII9 ° ilion) increase in revenues and a 6 percent (315 million) increase in gas revenues While the Commission is considering both request; an interim price increase of 5 percent is now being applied to electric bills and an interim increase of 3 percent is being applied to gas bills If the final level of rates is Tess than the interim rate collected for any gas or Jectric customer, the excess amount, plus interest will be refunded. The public} earings will provide an opportunity for customers and others affected by the proposed increases to present their views to the Administrative Law Judges and the Minnesota Public Utilities Commission. Average Monthly Electric Bills Monthly Use Previous Residential 500 KWh S 36.08 Small General Service 1000 KWh S 69.77 General Service 30,000 KWh/7S KW 31417.00 Average Monthly Gas Bins Monthly Use Previous Interim Proposed Residential 100 CCF S 48.04 49.79 51.10 Commercial & Industrial 500 CCF 5211.59 217.45 221.68 (A CCF is 100 cubic f:et of gas) Commission, 121 7th P You an filings during normal' St. Paul; and at N Pointe Drive. Roseville; Fargo; 3000 Maxwell A Cty Rd E, White Bear related to the elecuic fit( Brooklyn Center, 5309 Cty Rd 19, Shorewood; NSP REQUESTED THE RATE CHANGES DESCRIBED ABOVE. THE MINNESOTA PUBLIC UTILITIES GOMMlSSION COULD EITHER GRANT OR DENY THE REQUESTED CHANGES, IN WHOLE OR IN PART, AND MIGHT GRANT A LESSER OR GREATER LNCREASE THAN THE ONE REQUESTED FOR ANY CLASS OR CLASSES OF SERVICE If you want I ktt ore information about this increase, contact the Minnesota Public Utilities E., Suite 350. St. Paul. MN 55101 -2147 or call 296.7126 or 1(800)657 -3782. ine the information NSP submitted to the MPUC for the gas and electric ess bouts at the Department of Public Sernce, Suite 200, 121 -7th Place East, States Power Company offices at 414 Meollet Mali, Minneapolis 3115 Centre Rice Street, St. Paul: 42! Wabasha Sr—, Si. Paul; 2302 Great Northern Drive, , Newport; 3515 -3rd St N.. St Cloud; 2763 -1st Ave NW, Fanbault; 1700 E. e; 3930 Pepin Ave, Red Wing 5050 Service Drive, Winona. Information R only is available during normal business hours at 4501 -68th Ave N.. V. 70th St, Edina; 500 W. Russell St., Sioux Fall; 210 Lime St., Mankato; 5505 ind 1505 Washington Ave, Montevideo. Northam States Power Company Minneapolis Hennepin Cty Gov Ctr Auditorium - A level 300 S. 6th St. St. Cloud North Jr. High School Theater 1212 29th Ave. N. Coon Rapids Anoka - Ramsey Comm College College Dvlpmt Ctr, Rm 101 11200 Mississippi Blvd NW. Mankato Minnesota Valley Rgnl Library Auditorium TOO E. Main St. Interim Proposed S 38.01 S 39.97 S 73.51 S 75.83 31493.00 51544.00 • • • .1 Metropolitan Waste Control Commission M ears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 -1633 • February 26, 1993 612 222 -8423 To City Engineers and Public Works Directors: Before the Metropolitan Waste Control Commission (MWCC) drafts its 1994 budget, we have scheduled pre- budget breakfast meetings to obtain your comments. We need your participation and input to many issues facing the MWCC which could have significant fmancial implications for the cities. You will be invited to an additional series of meetings in late May and early June to review the 1994 MWCC Draft Budget. Comments from the March and May meetings will be considered when drafting the Proposed 1994 MWCC Operating and Capital Budgets. Our present 1994 Budget approval schedule includes a public hearing in June with revisions to the draft completed for the July 1993 MWCC Board of Commissioners meeting. If you plan to attend please contact Sarah Kline at 229 -2129. SCHEDULE FOR MWCC PRE - BUDGET BREAKFAST MEETINGS March 11 (Thursday) 7:30 -8:45 a.m. March 16 (Tuesday) 7:30 -8:45 a.m. * March 17 (Wednesday) 7:30 -8:45 a.m. March 18 (Thursday) 7:30 -8:45 a.m. March 23 (Tuesday) 7:30 -8:45 a.m. March 24 (Wednesday) 7:30 -8:45 a.m. Copper Stein - Near Excelsior (County Road 19 - one mile off of Highway 7) Maplewood Inn - Maplewood (1-694 and White Bear Ave. - south to County Road D - west on D) Kelly Inn - St. Paul (north of I -94 near Rice Street and the State Capitol) Drover's Inn - So. St. Paul (I-494 & Concord) . Embassy Suites - Bloomington (south of Hwy 494 and west of 35 -W) Edinburgh (Glen Eagles Room) - Brooklyn Park (85th Ave. N. - between Hwy 252 and Hwy 169) NOTE: You are welcome to attend any of the meetings. Although the presentations will be similar, the March 17 meeting at the Kelly Inn in St. Paul will focus more toward the interests of industrial users of the MWCC system. Equal Opportunity /Affirmative Action Employer za