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Home My WebLink About1993-09-21 CC Packet en" e - \ STILLWATER CITY COUNCIL September-21, 1993 REGULAR MEETING GALL TO. ORDER INVOCATION ROLL CALL 7:00P.M. 93'33 APPROVAL OF MINUTES - Special Meeting - August 31, 1993 Special, Regular & Recessed Meetings - Sept. 7, 1993 INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS 1. -Fi nance Di rector 2. Police Chief 3. Public Works Dir. 10. 4. Comm. Dev. Director 7. Fire Chief 5. Parks & Recreation 8. Building Official 6. Consulting Engineer 9. City Attorney City Clerk 11. City Coordinator UNFINISHED BUSINESS 1. -Approval of Proposal for Phase II Environmental Assessment for UBC site. 2. Resolution approving Feasibility Study and ordering Public Hearing on Stillwater Market Place Project, L.I. 301. 3. Approval of Development Agreement for Stillwater Market Place Project. NEW BUSINESS 1. Possible acquisition of Tax Forfeited land located at northeast corner of Harriet & Linden St. adjacent to Mulberry St. ravine. 2. Resolution accepting Project & making Final Payment for Highlands 3rd Add., L. 1. 289. 3. Possible time extension of contract for Asbestos Abatement at West Wing, Jr. High School. 4. Resolutions for Assessment Projects (L.I. 289 & L.I.293). PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 93-170). 2. Applications (List to be supplied at meeting). 3. Application for Payment No.1 from H.E.W., Asbestos Abatement, West Wing of Junior High School. 4. Application for Payment No.4, Volk Sewer & Water, Highlands 4th Add., L.I. 293. COMMUNICATIONS/REQUESTS 1. Sharon Stefan, Victorian Christmas Committee - Request for use of City Streets, Lowell Park, etc. for parade & tree lighting ceremony. 2. Ross Anderson - Request for stop signs at all east & west intersections adjoining No. First St. 1 3. Beverly Schultz, Mayor of Bayport - Congratulations to City on celebration of 150th year. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued~ , i QUESTIONS/COMMENTS FROM ~EWS MEDIA ADJOURNMENT Possible Adjournment to Executive Session to discuss Labor Relations Item. e e e e SPECIAL MEETING STTLLWATERCITY COUNCIL MINUTES August 31, 1993 4:30 p.m. The meeting was called to order by Mayor Hooley, Pre~,ent : Councilmember:5 EudllJvlck, Cummings (arrived at 5:00 p.m.), Kimble, Funke, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Comm. Dev. Director Russell Public Works Director Junker City Planner Pung-Terwedo Police Chief Beberg Police Captain Bell Building Official Zepper Recording Secretary Schaubach Press: None Others: None e PROPOSED 1994 BUDGET Council met with several department heads to discuss the proposed budget for 1994. Police Chief Beberg and Council agreed on several reductions in the proposed Police Department budget for 1994. Council next met with Public Works Director Junker to discuss the Publ ic \A/orks Department proposed budget. Motion by Councilmember Kimble, seconded by Councilmember Funke to direct the Public Works Director and other Staff to bring to the next regular City Council meeting an estimate of cost and schedule for repair of the storm sewer on Myrtle street between 4th and 6th street:::;. (All in favor) (Council recessed for ten minutes and reconvened at 7:00 p.m.) (Counci1member Bodlovick left the meeting at 7:15 p.m.) Motion by Councilmember Kimble, seconded by Councilmember Funke to direct the Public Works Director to bring to tbe next regular City Council ll\1.::eting a cost estimate and recommendation regarding monitors for the sewer system. (All in favor) e (Councilmember Kimble left the me~ting at 7:50 p.m. I Council also met with Community Development Director and Building Official Zepper tn discuss their 1. Russell pr Opi):3 ed stillwater City Council Miol)tes Special Meeting August 31, 1993 budgets for 199r. Mayor Hooley a~d Finance Director Deblon will meet with the heafJs of the F,ire Department, Parks Department, 211('1 Ac'lmini::;,- tration and F~nance Departments to review their proposed budgets beforel the Council makes the final approval of the budget. ' p..D.JOURNMENT The meeting adj urned at 8:30 p.m. Submitted by: Shelly Schaubach Recording Secretary MAYOR ATTEST: CITY LERK .~s e e e e e e STILLWATER CITY COUNCIL ~--~--~-~._-_. _.~-------- MINUTES-. --.-._~ .-_. . SPECIAL MEETING September 7, 1993 3:00 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley. Absent: Councilmember Cummings City Coordinator Kriesel Finance Director Deblon City Clerk Johnson Also Present: Press: None Others: None 1. Discussion of Proposed 1994 Budget. Council convened to continue the discussion of the proposed 1994 Budget which included the raise of the tax levy and ways to alleviate this situation. Items discussed were the adoption of the early retirement option, cuts in the Library and Police budgets, changes in operation of the Fire Dept., results of the Efficiency Study of City Hall and purchase of a -Cable T.V. camera for City Hall. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to cut the hiring of a full-time Police Officer and decrease the number of requested Police cars by one from the Police Budget. (Ayes - 3; Nays - 1, Councilmember Kimble) Motion by Councilmember Bodlovick, seconded by Councilmember Funke to set the Library Budget figure at $536,862. (Ayes - 3; Nays - 1, Councilmember Kimble. ) Finance Director Deblon presented information on the savings to the City if the County took over the Library. She noted that the savings on a $100,000 home would be approximately $88.00. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve an additional $200,000 to be included in Capital Outlay for refurbishing of City Hall. (Ayes - 2; Nays - 2, Councilmember Bodlovick and Mayor Hooley. Motion deadlocked) Motion by Councilmember Kimble, seconded by Councilmember Funke to schedule continuation of the Budget discussion for September 14~ 1993 at 4:30 P.M. (All in favor) 1 Stillwater City Council Minutes September 7, 1993 Speci a 1 Meeti ng RECESS Council recessed ATTEST: the meejing at 4:25 ! , C P.M. '-,--, _____,._ '__H. .., _~_P -,,_ e 2 MAYOR e e e e e .' REGULAR MEETING STILLWATER CITY COUNCIL MINUTES September 7, 1993 4:30 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hool ey. Absent: None Also Present: City Coordinator Kriesel Consulting Engineer Moore Public Works Director Junker Finance Director Deblon Police Chief Beberg Comm. Dev. Director Russell Parks Supervisor Thomsen City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Don Theisen, Washington Co. Public Wks., Steve Zinnell, Diane Rollie, Bob Utecht, Marguerite Rheinberger, Ed Stuart. INDIVIDUALS & DELEGATIONS 1. Marguerite Rheinberger - Permit Requests for various Sesquicentennial Events. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve permits for Randy Radeunz to sell artwork at Sesquicentennial events on Sept. 26 and Oct. 2; and Dale North to sell various food items on Oct. 2 in Pioneer Park. (All in favor). Discussion followed regarding a request for a Police Officer to be present in the Courthouse Parking Lot between 3:00 and 5:00 P.M. on Sept. 11, during the parade, to keep it clear for Courthouse events. Mayor Hooley noted that the Police Chief will take care of this item. 2. Diane Rollie - Request for funds for Wild West Days. Discussion followed regarding funding for Wild West Days. It was noted that $3,500 was approved for this event, but they are short"funds of approximately $500 to $600. These funds may be received by the time the event takes place. Motion by Councilmember Funke, seconded by Councilmember Kimble to approve funding of $3,500 for Wild West Days, with the additional funding of $500 to $600 to be added if necessary. (All in favor). 1 . Stillwater City Council Minutes September 7, 1993 I Regular Meeting ! .--.. 3. Don Theisen, Washingt' n Co. Public Works - Discussion of County Rd. #5 Constructlon lssues. Mr. Theisen introduce Consultant Project Manager, Glenn Schreiner, from SEH, and they both prpceeded to explain the project. They stated they are proposing a four-lane! road and discussed the timing of " the project, the design of the road, p~acement of stoplights, drainage study and speed limits. Dick Zimmerm~n, of Erickson-Post, would like to see the project constructed in 1994. i ! ! Motion by Councilmember dummings, seconded by Councilmember Funke to conceptually approve the County Road 5 Improvement Project, as presented by Mr. Theisen. (All in favor). STAFF REPORTS " 1. -Pi nance Di rector - I" fuel Purchasing MO. tion by Councilmember ~unke, seconded by Councilmember Bodlovick to approve the fuel purchasing and qard system at the Erickson Post gas station as presented by Finance Dir~ctor Deblon. (All in favor). e at an Ayes - Councilmembers Bo Nays - None Cummings, Funke, Kimble and Mayor Hooley. o the 2 e -e-- Stillwater City Council Minutes September 7, 1993 Regular Meeting Councilmember Kimble stated he would second the motion if the word "approve" was changed to "include" in the previous motion with which Councilmember Funke concurred. (Ayes - 3; ~ays - 2, Councilmember Bodlovick and Mayor Hooley}. Designation of Dates for "Truth in Taxation" Hearings Council set the date of November 30, 1993 at 7:00 P.M. for the City.s "Truth in Taxation" hearing; and December 7,1993 at 7:00 P.M. for the adoption of the 1994 Budget. 2. Community Development Director - No report. 3. Public Works Director - Temporary Parklng Slgns Mr. Junker reported that two temporary "No Parking" signs will be placed on Hancock St. east of Everett St., also warni ng 1 i ghts and "road c 1 osed" signs will be placed during the parade on Sept. 11. e 4. Parks Supervisor - New Floorin~ for East Side of Hockey Rink at Arena Motion by CounCllmember Cummings, seconded by Councilmember Funke to approve the installation of rubber flooring at the Ice Arena at an estimated cost of $3,000. (All in favor). Transfer Classification for Dave O'Brien from Parks Dept. to Lily Lake Arena Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution transferring Dave O'Brien from Parks Dept. to Lily Lake Arena as Part-time Zamboni Operator/Janitor. (Resolution No. 93-169) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Installation of Park Lights at Ramsey-Grove Park Mr. Thomsen noted that NSP will install the lights at no charge and poles and lights may also be donated. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve the maintenance of lights at Ramsey-Grove Park at $32.00 per month. (All in favor) . 5. Police Chief D.A.R.E. Officer Training 3 e Stillwater City Council Minutes September 7, 1993 Regular Meeting Extensive discussion \followed regarding the training of an additional officer in this progjam. Points discussed included whether the School District should cont ibute toward the program. Motion by Councilmember odlovick, seconded by Councilmember Kimble to approve the request to send one dditional Police Officer to D.A.R.E. Training in Nov., 1993. (All in favor). RECESS Council recessed the mee ing at 5:58 P.M. CITY LRK !- I Resolutions: ~ No. 93-161 - Approval of arly Retirement Option for City Employees. No. 93-169 - Transfer ofave O'Brien from Parks Dept. to Lily Lk.lce Arena. MAYOR ATTEST: 4 ,e e e e-...--- e e t RECESSED MEETING - STILLWATER CITY COUNCIL --.--.MINUTES September 7, 1993 7:00 P.M. _~"~. .__......-',.__,.__..__,~~........,...,..._,.-'~_.,,_~.~._~-,..-<--,.-.r.~_.'__..,___, The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Absent: None A 1 so Present: City Coordinator Kriesel City Attorney Thole Consulting Engineer Moore Comm. Dev. Director Russell Ci ty Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig Tim Schmolke, George McFadden, Michelle Roettger, Leonard Feely, Richard Kilty, Ed Cain, Barry Stack. Others: APPROVAL OF MINUTES Motion by Councllmember Bodlovick, seconded by Councilmember Kimble to approve the minutes of the Special & Regular Meetings of August 17, 1993 as presented. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. George McFadden - Request for possible ordinance governing speedboats on Long Lake: Mr. McFadden, 2954 Marine Circle, was present to again request an ordinance governing motor boats on Long Lake. Councilmember Cummings summari zed the Park & Recreati on Commi ssi on proceedi ngs regardi ng thi s item, and asked the City Attorney if the City could regulate action on a lake which is not under the City's jurisdiction. The City Attorney stated a joint ordinance between the City and Stillwater Township would be required. Council discussed holding a meeting with Stillwater Township and the property owners on the lake and directed Consulting Engineer Moore to attend any meeting that might be held as well as obtaining information regarding aeration of the lake. 2. Tim Schmolke - Update on Solid Waste issues. Mr. Schmolke reported that Solid Waste Commission member Ron Roeller has resigned from the Commission and requested the Council to make another appointment. 1 Stillwater City Council September 7, 1993 Recessed Meeting Minutes I i He then discussed th~ recycling program and the grant monies available. Also, he stated ther~ is no information available on how and if businesses are recycling and suqgested a survey of the businesses be done. The Commission is attempting to see where solid waste is going and is looking for a form to give t~e contractor to get that kind of information. I , Motion by Councilmember ~unke, seconded by Council member Bodlovick to apply for Washington County re ycling grant funds as explained by Mr. Schmolke. (All in favor). PUBLIC HEARINGS 1. This is the day and ime for the Public Hearing to consider a possible second reading of an ordinance amendment rezoning 11.5 acres of land from Bus.Pk.-Indus. to Multi-Family Residential Medium Density (RCM) located north of-Curve Crest Blvd. & east of Courage St.Croix Center, Case No. ZAM/93-40, Leonard & Elizabeth Feely, Applicants. Notice of the he ring was published in The Gazette on August 27, 1993 and mailed to affect d property owners. Ira Thunderburk, rep esenting Culligan Water, stated several concerns regarding the reques ed rezoning. He stated it would detract from a Business/Industrial Pk. status and would have an adverse effect on adjacent property values. There are also crime concerns and suggested that property could e zoned light industrial. Dan Jordan, represen i ng 3M's Real Estate Dept., stated they have been in the Industrial Park f r many years as Press-On and they share the same concerns as Culligan. They do not oppose the proposal for a handicapped dwelling, but with th overall rezoning of land that could be used for something else. property proposed for rezoning, stated the 3-1/2 acres. Comm. Dev. Director Russell is also being included to clean up the zoning Leonard Feely, owner request should only i explained that Charte map. Mr. Russell stated th Planning Commission noted that the request should be approved since the e is a need for this kind of facility next to the Courage Center. The Culligan represen ative stated they would also support the handicapped project, but suggeste some type of conditional use for that land. Mayor Hooley closed t e public hearing. 2 ( -e e e t Stillwater City Council Minutes September 7, 1993 Recessed Meeti --e--.~---_._---"-'-'" ,_. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the request to rezone 11:5 acres of land from Bus.Pk.-Indus. to Multi-Family Residential Medium Density (RCM) located north of Curve Crest Blvd. & east of Courage St.Croix Center, Case No. ZAM/93-40, Leonard & Elizabeth Feely, Applicants. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a second reading and enactment of an ordinance amendment rezoning 11.5 acres of land from Bus.Pk.-Indus. to Multi-Family Residential Medium Density (RCM) located north of Curve Crest Blvd. -& east of Courage St.Croix Center; Case No. ZAM/93-40. (Ordinance No. 777) e Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. This is the day and time for the Public Hearing to consider a Variance to the rearyard setback requirements (25 ft. required, 20 ft. requested) for the construction of a home at 2047'Oak Glen Dr. in the RA, Single-Family Residential Dist., Case No. V/93-46, Geraldine A. Freels, Applicant. Notice of the hearing was published in The Gazette on August 27, 1993 and mailed to affected property owners. Mr. Russell explained this request is to construct a single-family residence at the end of Oak Glen Drive with a 27-1/2 ft. front yard setback and a 22-1/2 ft backyard setback which the Planning Commission adopted as a condition of approval. This was done because it would then be difficult to perceive the difference in setbacks from the neighbors. The applicant agreed and there were no objections from neighbors. Mayor Hooley closed the public hearing. Motion by Councilmember Cummings, seconded by Councilmember Funke to approve a Variance to the rearyard setback requirements (25 ft. required, 22-1/2 ft. requested) for the construction of a home at 2047 Oak Glen Dr. in the RA, Single-Family Residential Dist., Case No. V/93-46, as conditioned, Geraldine A. Freels, Applicant. (All in favor). 3. This is the day and time for the Public Hearing to consider a Variance to the front yard setback requirement (30 ft. required, 20ft. requested) for the construction of a 23 ft. by 26-ft. garage located at 817 So. Fifth St. in the RB, Two-Family Residential Dist., Case No. V/93-48, Steve Hesse, Applicant. Notice of the hearing was published in The Gazette on August 27, 1993 and mailed to affected property owners. Mr. Russell explained the request to construct a garage requesting a variance from the front yard setback requirement. The Planning Commission 3 e Stillwater City Council ~inutes September 7, 1993 Recessed Meeting recommended approval with the three conditions. Mr. Hesse stated the garage will be 24 ft+ by 26 ft. Mayor Hooley closed the public hearing. Motion by Councilmember unke, seconded by Councilmember Cummin9s to approve the Variance to the fron yard setback requirement (30 ft. required, 20 ft. requested) for the const uction of a 23 ft. by 26 ft. garage located at 817 So. Fifth St. in the RB, Two-Family Residential Oist., as conditioned, Case No. V/93-48, Steve Hesse Applicant. (All in favor). i e 4. This is the day and ime for the Public Hearing to consider a Variance to the side & rearyard etback requirements (5 ft. side & rearyard required, 2 ft., 8 in. propose) for the construction of a garage located at 912 W. Laurel St. in the RB Two-Family Residential Dist., Case No. V/93-49, Connie F. Devich, Ap licant. - Nottceof the he ri n9 was publ i shed in The Gazette on August 27, 1993 and mailed to affect d property owners. Mr. Russell stated t e request is to construct a small two-stall garage on a small lot. The Ci Engineer and Public Works Director think there may be a sewer line running under the garage slab and -suggested this item be continued to the nex meeting in order to clarify this point. Mr. Devich stated he believes the sewer line is located on the other side of the property 1 i ne because the neighbors excavated for a project and broke the sewer line. They are concerned about further delays. Consulting Engineer ore explained where they believe the sewer is located and recommend d that the City Attorney check the records for a sewer easement. Mayor Hooley closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Funke to continue the decision, until the m etin9 on Sept. 14, 1993, for a Variance to the side & rearyard setback requir ments (5 ft. side & rearyard required, 2 ft., 8 in. proposed) for the constru tion of a garage located at 912 W. Laurel St. in the RB, Two-Family Residentia Dist., Case No. V/93-49, Connie F. Devich, Applicant, to determine were the sewer easement is located~ (All in favor). 5. This .is the day and tOme for the Public Hearing to consider a second reading of an ordinan e amendment to the Zoning Ordinance, Section 31.01, regulating developmen on restrictive soils, Case No. ZAT/93-5, City of Stillwater, Applicant~ Notice of the heafing was published in The Gazette on AU9ust 27, 1993 and mail ed to affect d property owners. Mr. Russell explainedl the amendment is required by the Watershed District to implement the watejShed plan an: should be part of the building permit ~ e ~e~,- Stillwater City Council Minutes September 7, 1993 Recessed Meeting ___,.."""._ ~"",'_____""'____',<~_.'_."'_'_---'--______.""',,""'*';"'--".'"_~_"'~_'_""'__.___-_~_._a'_....__,. ._...._.-.-._. _.~.__._.,~,..__ review. The Building Official will check soils when subdivisions are reviewed. Mayor Hooley closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Funke to have a second reading and enactment of an ordinance amending the Zoning Ordinance, Section 31.01, regulating development on restrictive soils, Case No. ZAT/93-5, City of Stillwater, Applicant. (Ordinance No. 778) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Council recessed at 8:23 and reconvened at 8:30 P.M. UNFINISHED BUSINESS 1. --Cooperative Agreement with Minn. Historical Society for Adaptive Reuse Study of Historic Territorial Prison site. Mr. Russell stated the committee for thlS project is currently being selected and will include a Councilmember, Heritage Preservation Commissioner, community property owners and business owners. e Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution authorizing the City's participation in the cooperative agreement with the Minnesota Historical Society for the adaptive reuse study of the Historic Territorial Prison site; and authorizing the signing of said agreement. (Resolution No. 93-162) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. Presentation of Feasibility Study for Stillwater Market Place Project. Mayor Hooley abstained from discussion and voting on thlS ltem. Consulting Engineer Moore explained the project and costs. It would include a major lift station and trunk sewer facility to replace the temporary one which was installed when the Benson Farm started development. It would be located on Outlot "C" on the west side -of Neal Ave. and would also extend across Co. Road 5 to'provide service in the future to Township property. Mr. Moore also explained the alignment of the road and drainage system. The total estimated cost is $3,757,560 which does not include costs from Co. Road 5 except for signal costs. A representative from Super Value was present and stated they would like to move forward on this project. Motion by Councilmember Kimble, seconded by Councilmember Cummings to consider a decision on the Stillwater Market Place Feasibility Study at the September 5 e Stillwater City Council Minutes September 7, 1993 Recessed Meeting e I 21, 1993 Council Meetin~; and to informally order plans and specifications for this project at this ti 'e. (Ayes - 4; Nays - 0; Abstain - 1, Mayor Hooley) 3. Discussion of Myrtl Street Storm Sewer, L.I. 284. Mr. Moore reVlewe e report w lC covers t e construction of a detention area in the ravine south of Myrtle St. They would propose later this winter that Myrtle St. be put on a maintenance system because it is an MSA street and can recov!er a porti on of storm sewer costs through MSA funds. The total est imatedw. ost is $245,000 and concerns the pipe under the house and wall behind the house which is showing deterioration. Discussion followed regarding e ergency measures which could be taken to implement the project and still receive MSA funding. Mr. Moore and the City Attorney will revie statutes to see if this can be done. Motion by Councilmember Funke, seconded by Councilmember Cummings directing the City Attorney to revtew the 429 process and Consulting Engineer Moore to revi ew MSA standards as they rel ate to emergency si tuati ons in order to construct the Myrtle St. Storm Sewer, L.I. 284. (All in favor). 4. Update on Street Maintenance; Sidewalk Improvement Project, L.I. 274; and Detentlon BaSln tu . r. oore reporte at the 1993 Street Maintenance Program with seal ... coating has been co leted as scheduled. ~ He further reported that the sidewalk project has been divided into three districts which woul allow the contractors to bid on one or all areas and the City could award the bid for each area separately. Mr. Moore added that any sidewalk co struction started has to be completed by freeze-up. Motion by Councilmember odlovick, seconded by Councilmember Kimble to adopt the appropriate resoluti n approving the plans and specs and ordering the advertisement for bids f r construction of the Sidewalk Project, L.I. 274. (Resolution No. 93-163) Ayes - Councilmembers Bo lovick, Funke and Kimble. Nays - Councilmember Cu ings and Mayor Hooley. Mr. Moore also repor ed on Pizingers Pond, the Deerpath Pond and Heiforts Pond by stating that the ponds are working the way they should at this time. He suggested hat instead of doing a Feasibility Study, they could review the ponds and look at past design records to determine if there are some improvements th t should be made. The costs for this work would amount to approximat ly $1,500. Motion by Councilmember ummings, seconded by Councilmember Kimble to proceed with the initial study, at a cost of $1,500, to review pond outlets and 6 e -e--.- Stillwater City Council Minutes September 7, 1993 "Recessed Meeting ~.,_~'.,_~~_, '_':~"_'__, '_~_______"'''''''''__'' _",;.,..:.~~..._,_,.~ ....,..._.__~.'"___~.~__.:.._._~m,"__ maintenance, etc. that has been provided for Pizingers Pond, Heiforts Pond and Deer Path Pond. Ayes - 3; Nays - 2, Councilmember Bodlovick and Mayor Hooley. 5. Approval of 1993 Labor Agreement - Teamsters Local 320 (Police). Motion by Councilmember Funke, seconded by Councilmember BodloV1Ck to adopt the appropriate resolution approving the 1993 Police Labor Agreement. (Resolution No. 93-164) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None NEW BUSINESS Review of proposal for development of single family house located off end of Willard Street requiring sewer and water service extensions. Brad Benson applicant. Mr. Russell explained the request to construct a single-family residence with water service to the site to be provided under the driveway and sewer service coming from Pine St. Easements would be required and the applicant would pay for sewer and water installation. He further stated the City could require that the driveway be improved with a paved surface. Barry Stack, representing the applicant, stated the road is part of the parcel owned by the applicant and they are not interested at this time in improving it as a public street. A private driveway would be provided. Mr. Moore added that both the water and sanitary sewer would require permits from the Dept. of Health, peA and signed by a registered engineer. Also, the driveway must be maintained by the owner. Brad Benson, applicant, stated that he was under the impression that if he controlled all the lots, he could build his home and not improve the driveway which is a costly item. The driveway could be left as it is now with easements across the driveway until the two lots are developed and then the road would be widened and paved. Motion by Councilmember Kimble, seconded by Councilmember Funke to approve the request for development of a single-family house located off the end of Willard St. with sewer and water service extension as conditioned. (Ayes - 3; Nays - 2, Councilmember Bodlovick and Mayor Hooley.) 1. e 2. Approval of agreement for curbside recycling grant funds (Washington County) . . Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution approving the Recycling Grant Agreement with Oak Park Heights and Washington County. (Resolution No. 93-165) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. 7 e Stillwater City Council ~inutes September 7, 1993 I Recessed Meeting e Nays - None and Mayor Hooley. 4. Approval of Maintena ce Agreement for Traffic Si nal System, Greeley St. & Curve Crest v. Motion by Councilmember imble, seconded by Councilmember Funke to adopt the appropriate resoluti,n approving the maintenance agreement for the traffic signal system at Curve Crest Blvd./Greeley St. between the City of Stillwater and Washington Co. (Res~lution No. 93-167) . I Ayes - Councilmembers BO~lovick, Cummings, Funke, Kimble and Mayor Hooley. Nays ~ None . e lay Co. 1m e, seconded by Councilmember Bodlovick to approve Display Co. and to add it (All in favor). Oak Glen Golf Course Mr. Kriesel summariz d the discussion which occurred at the two meetings held by the Ad Hoc C mmittee on the Oak Glen situation and commented on the three options fo med by the Committee. Richard Kilty, a member of the Committee, stated he did not think there were three options and stated the Committee wanted to iscern whether the City could legally enter into any contract regarding t is issue. Council continued further discussion of the Oak Glen Golf Co rse to the Sept. 14 meeting, after a legal opinion is received from the Ci y Attorney regarding whether the City can enter into any contracts. also Motion DY CouncilmemDer ~odlovick, seconded DY CouncilmemDer Funke to the appropriate resoluti1n commending and thanking Bob Murphy-for his I 8 adopt e e Stillwater City Council Minutes September 7, 1993 Recessed Meeting dedicated years of service as Civil Defense Director for the City. (Resolution No. 93-168) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None Motion by Councilmember Kimble, seconded by Councilmember Funke directing the City Coordinator to obtain the appropriate memento for Mr. -Murphy. (All in favor) . Flood Assistance City Coordinator Kriesel reported that notice has been received from the Minnesota Dept. of Public Safety stating the the City will receive $32,642 from Federal assistance for flood related damages. Ed Cain, Legislative Consultant Ed Cain, Legislative Consultant, was present to give an update on the Levee Wall funding. He also reported on funding for the Southeast Sanitary Sewer Project which could be divided into two sections in order to change the economic base of the residents in order to receive funding. Another possible source could be a housing rehabilitation program. e CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of Sept. 7, 1992, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 93-160). Ayes"- Councilmembers Bodlovick; Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2. The following Contractors Licenses: A-1 Paint Works General Contractor New 507 W. Middle Street Stillwater, Mn. 55082 Schreiber Mullaney Const. Co. General Contractor New 1286 Hudson Road St. Paul, Mn. 55106 3. Permit to Consume, Chili Cook-off, Sept. 26 - Downtown Council. 4. Submit claim to insurance agent from Chrystal Mueller regarding damage to yard from improper drainage. 5. Application for Payment No.3, No. 4th St. & W. Wilkin St. Ravine. 6. Utility Bill Adjustments. 9 e Stillwater City Council September 7, 1993 Recessed Meeting Minutes I I I COUNCIL REQUEST ITEMS I Councilmember Cummin~s noted that a meeting is being held in the Council Chambers on wedneSdal' Sept. 8 at 7:00 P.M. regarding the National Guard Armory/Community Cen er with surrounding communities to discuss interest in a new Ice Arena. Councilmember Kimble suggested inviting "Sam Bloomer" to the ribbon-cutting cerem'ny for the renaming"of the Levee Road to "Sam Bloomer Way". Mayor Hooley tated he would take care of-this. e COMMUNICATIONS/REQUESTS Council took note of the following communications: 1. Jeanne Schwietz - Su porting construction of S.E. Sanitary Sewer Project. 2. Washington County 19 4-1998 Capital Improvement Plan. 3. City of Sandstone - nvitation to LMC Regional Meeting on Oct. 6. 4. LMC memo regarding r~gional meetings. i ADJOURNMENT Motion by Councilmember odlovick, seconded by Councilmember Funke to adjourn the meeting at 10:20 P.M (All in favor). e MAYOR ATTEST: C Resolutions: No. 93-160 - Directing P yment of Bills. No. 93-162 - Cooperative Agreement for Historical Prison Site Study. No. 93-163 - Approved Pl ns & Specs, Ad for Bids, Sidewalk Project, L.I.274. No. 93-164 - Approved 19 3 Police Labor Agreement. No. 93-165 - Approved Re cling Grant Agreement Between City, Washington Co. & Oak Park Heights. No. 93-166 - Bid Awardf r Traffic Signal at Curve Crest & Greeley Sts. No. 93-167 - Maint. Agre ment - Traffic Signal, Curve Crest & Greeley Sts. No. 93-168 - Commending ob Murphy (retiring as Civil Def. Director.) Ordinances: No. 777 - Ordinance Amen nt rezoning the Feely property. No. 778 - Restrictive Soils Ordinance. 10 e e e e STAFF REQUEST ITEM DEPARTMENT Pi'! rl{"!'; Dp.-,t c MEETING DATE (9- 21- 9 3 ) DESCRIPTION OF REQUEST (Briefly outline what the request is): Schwantes Heatinq came in with low bid of $7200.00 to replace the three burned out furnaces at the Lily Lake Arena. Request permission to have the work done \ FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this request and the proposed source of the funds needed to fund the request) No money was budqeted for this in 1993 ADDITIONAL INFORMATION ATTACHED: v YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY: -r;;n n' '10 i''h S .~._...,,- DATE: 7'-/t- 9'"7 , e e e STAFF REQUEST ITEM DEPARTMENT Parks Dept. MEETING DATE (9-21-93) DESCRIPTION OF REQUEST (Briefly outline what the request is): There is money available in the LilY Lake C/O to buy paint for the exterior.of the Arena. We have labor available at no cost to the city for this project Sentencing to Service Program will wash down and paint the exterior of the Arena. \ FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Money available in Arena C/O ADDITIONAL INFORMATION ATTACHED: / YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY: ---- / /01 , DATE: 7' - /tf. y'? I{/} b t 4;5 e.- '-1 e e e STAFF REQUEST ITEM DEPARTMENT Parks Dept. MEETING DATE ( 9 - 2 1 - 9 3 ) DESCRIPTION OF REQUEST (Briefly outline what the request is): Request permission to build the storage garage that was budgeted for in the 1993 The size will be 31'X 32' and will match the shop we have now. \ FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this request and the proposed source of the funds needed to fund the request) $12.000.00 budgeted for in the 1993 C/O ADDITIONAL INFORMATION ATTACHED: / YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY: 77#-1 ~CJh'5(' L DATE: 7-/6- 7? e e e STAFF REQUEST ITEM DEPARTMENT Parks Dept. MEETING DATE (9-21-93) DESCRIPTION OF REQUEST (Briefly outline what the request is): Request to Reclassify C.Michael Wilson from Jr.Parks Keeper to Parks Keeper-$14.36 Hr. to $14.90 Hr. Mr.Wilson has been employed with the city for 28 years. He is a very dedicated employee,and you can always count on Mr. Wilson to be at work. Mr. Wilson has never abused his sick leave or took advantage of the\ city in anyway. Also Mr. Wilson was named employee of the year for 1992. I feel Mr. Wilson deserves this reclassification. ::::;!:~:~~ ,::2IJo>?T~~_.-1.. D /.4 e J:::- 3,-, j-..J e./c IJ /<j Ci rt , FINANCIAL IMPACT (Briefly outline the cots, if any, that are associated with this request and the proposed source of the funds needed to fund the request) This reclassification would be on a (6 months) prObation period. ADDITIONAL INFORMATION ATTACHED: YES NO X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY: /7;n 7/7 C> I'''"? Se .., DATE: 7 - Ie;.- 7" ,> e" September 8, 1993 City of Stillwater Transportation Office 216 North 4th Street Stillwater, Mn. 55082 Attention: City Council City of Stillwater In August, 1993 I was involved in an automobile accident at the intersection of Wilkins and First Street in the North Hill area of Stillwater. As I reside at 1603 North First Street, I do have occasion to use North First Street as my regular route into the City and find that all the side streets adjoining North First Street are without stop signs. These uncontrolled intersections pose a severe risk to traffic going in all directions and I would strongly suggest the City consider placing stop signs at all East and West intersecting roads adjoining North First Street. tt These uncontrolled intersections regularly pose a threat to both traffic and residence. I would ask that this proposal be considered at your next council meeting. Th~ for ~!~ Ross Anderson 1603 North 1st Street Stillwater, Mn. 55082 consideration. e DONALD L. BEBERG CHIEF OF POLICE illwater TIMOTHY J. BELL CAPTAIN e THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT TO: IVY F:::: i ......U I MAYOR HOOlEY C) F:~;:: (.:.) N [)o t.J ......U FROM: DATE: 1993 RE: COMMENTS'N COMMUNICATION FROM ROSS ANDERSON -----------------------~-------------------------------------------- I THIS f'lEMO IS IN REG0RDS TO THE LETTER WRITTEN TO THE CITY OF STILLWATER BY MR.ANDER$ON AND DATED SEPTEMBER 8, 1993. HE STATED IN HIS COMMUNICATION THAT THE CITY SHOULD MAKE ALL OF THE STREETS THAT INTERSECT WITH NORTH 1ST STREET CONTROLLED INTERSECTIONS WITH STOP SIGNS. I OPPOSE DOING THIS.i I DO NOT KNOW l.~HAT THE TRAFFIC COUNT IS 01'1 _ NORTH FIRST STREET FROM IWIlI<IN STREET NORTH. TO WHERE IT CUF<VES TO THE .. WEST AND INTERSECTS WIT8 NORTH 2ND STREET. I DO KNOW THAT TRAFFIC ON THIS STREET IS NOT HEAV~ AND IS TRAVELED MOSTLY BY LOCAL RESIDENTS AS IT IS NOT AN ARTERIAL S'nREET. I DO. HOWEVER, ASK HAT STOP SIGNS BE PLACED AT THE INTERSECTION OF NORTH 1ST STREET AND EAST WILKIN STREET. THE SIGNS WOULD BE PLACED TO STOP EAST AND WEST 8(UND TRAFFIC ON EAST WILKIN STREET AND MAKE NORTH 1ST STREET THE THROUGH STREET. WE DO HANDLE AN OCCAS10NALMOTOR VEHICLE ACCIDENT AT THIC INTERSECTION AND I ASK THAT THE CITY MAKE IT A COt\!TROLLED INTERSECTIO;N. I TOOK DICK MOORE oN A TOUR OF THE STREET AND INTERSECTIONS IN QUESTION AND HE AGREES~ITH MY FINDINGS. n~ CASE YOU DID f'-lOT GET A COpy OF r"1R. ANDER SONS LETTEr:;:, I ATTACHED ONE FOR YOUR REVIEWAL. 93-82 e 212 No~h Fourth Street, Stillwater, Minnesota 55082 Business Phohe: (612) 439-1314 · 439-1336 · FAX: 439-0456 I Police Response I Assistance: 911 r illwater "~ - -~ -- ~ THE BIRTHPLACEOF MINNESOTA J e MEMORANDUM TO: FROM: DATE: SUBJECT: COMPREHENSIVE PLAN QUESTIONNAIRE Attached is a draft questionnaire that will be sent out to residents of the City of Stillwater using the City newsletter. If you can think of any questions that you would like a citizen response to, they can be added to the questionnaire by contacting the Planning Department. e e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . DRAFT e Planning Commission City of Stillwater, Minnesota NOTE: Please mail or deliver completed questionnaire to City Hall on or before CITY OF STILLWATER PLANNING SURVEY QUESTIONNAIRE e Your City Planning Commission is currently in the process of updating the 1979 Comprehensive Plan in accordance with provisions of the Metropolitan Land Planning Act. During the next few months, an updated plan for city expansion, economic development, affordable housing, parks, open space, and natural area preservation, impact of future development, and other aspects of our community environment will be prepared for discussion at public meetings. Notification of the dates and times of the meetings will be listed in the local papers. Our community environment should be planned on the basis of the changing conditions and current needs of the City's population. Your assistance is requested in this planning process by your answers to the enclosed questions. The questionnaire is intended to obtain your comments and suggestions for developing, maintaining, and preservlng our community environment. The specific purpose of this survey questionnaire is to assist the Planning Commission and City Council to properly plan for the future of Stillwater. In addition to answering the enclosed questions, you may also submit additional comments and suggestions in writing or verbally by attending public meetings of the Planning Commission. Please circle the number or letter which corresponds to the one closest to your opinion or your current situation. All individual responses will be kept confidential. SURVEY In your oplnlon: 1. How would you rate the living conditions in your neighborhood? (choose one) 1. Excell ent 2. Good 3. Fair 4. Poor 2. Do you think the property values in your neighborhood are higher, the same, or lower than those in other areas of the City of Stillwater.? (choose one) e a. Higher than others b. The same as others c. Lower than others 1 3. Which neighborhood do you live in? e Downtown ( orth of Stillwater County Club) - North Hi 11 South Hi 11 - West Hill - Forest Hils - Oak Glen - Croixwood - Highlands - Lily Lake rea (west of Greeley Street) - Other, (ple se specify) - - I 4. Choose three recreational facilities you would most improved in your neighborhood. I a. basketball c~urts, ball fields b. tennis court~. c. playground e uipment. (areas for young children) d. picnic areas ' e. bicycle path /walkways f. other (pleas~ specify) like to be built or i I 5. Do you rent or own Iyour housing unit? Rent Own 6. What type of home do you live in? (choose one) single family home -single family attached (townhouse) - Duplex - T iplex - Fourplex + _ other (ple se specify) 7. About how much do ou pay per month for your home or apartment rent? e a. $0-150 d. $351-450 g. $651-750 b. $151-250 e. $451-550 h. over $750 c. $251-350 I f. $551-650 8. Do you shop in dow town Stillwater? Yes No What types of sto es and services do you patronize downtown? (You can make more than one selection.) grocery - hardware - gas/convenience - profession 1 services ---- restaurant bar ---- St. Croix River recreation and special events ---- 1 ibrary /chulrch or school s ---- speci al ty ~etai 1 ==== other (please specify) e ? e 9. What new stores and/or service~ are needed to Dring you downtown? (specify and explain) 10. What types of local advertising sources or promotion activities do you find most useful and informative? a. newspaper b. radio c. "cl assifi ed shopper II d. other (please specify) 11. Would you like to see a community center bu.ilt in Stillwater for family use? Yes No e If you answered yes, what type of facilities would you like to see? swimming pool nautilus equipment ice arena == walking/jogging/track other (please ~pecify) 12. Are there any areas, facilities, programs, services, or conditions in the community which you especially like and believe worthy of note and perhaps serving as a good example to be expanded upon or utilized elsewhere in the community? Yes No Specify and Explain: 13. What do you feel are the major planning issues of Stillwater today? Choose the three which are the most important to you. parks and recreation ---- city expansion (annexation) ---- economic development ---- more affordable housing ---- traffic on residential streets ---- open space and natural area preservation (wetlands) ---- publ ic faci 1 i ti esimprovements ---- downtown businesses == citizen involvement in planning issues 14. Taxes for city provided facilities and services are? (check one) Too high Too Low About right ~ e 15. How would you rate the quality of the City of Stillwater (choose one) 1. Excellent 2. Good ~: pg~~ 3 16. What, in your oPi~ion, are the be done to maintain or improve environment of our ommunity? 1. 2. 3. three most important things that should the physical, social, or economic e Yes ! i I ! i I 1 i mi t No the size of the city to the current boundaries? 17. Is it desirable to 18. What are the three ~est things about living in Stillwater? 1. 2. 3. 19. What are the three torst things about living in Stillwater? 1. I 2. 3. 20. The following iss ies may be important to the future of Stillwater. In your oplnlon, rat each of these on a scale of 1 to 3 from most important to least mportant. more employ ent opportunities ---- controlling growth ---- street impr vements ---- improvement of overall city appearance ---- more recrea ional facilities ---- improvement of housing conditions ---- promotion of new and expanded commercial and industrial - deve 1 opment preservatio of open spaces and natural areas (wetlands) ---- provide suf icient shopping ---- more neighb rhood parks ---- more housin for the elderly ==== development of more affordable housing (low and moderate income) 21. What do you cons der to be a serious problem(s) in the City of Stillwater? e The following questions are asked so the City can learn more about residents. They are for information wurposes only and are confidential. I I I e 4 22. How long have you lived in the City of Stillwater? e less than 6 months 6 months to 2 years == over 10 years 23. What is your age? 2 to 5 years == 5 to 10 years under 18 ~ 19 to 25 26 to 35 -.36 to 50 51 to 65 - over 65 24. What is your total family income? The survey is anonymous.so this figure will remain confidential. under $25,000jyear $25,000 to $39,999 $40,000 to $59,999 ---- $60,000 to $79,999 ~ $80,000 to $99,999 == $100,000 - over 25. What is your family size? 26. How many adults, 18 and over, including yourself, live in your household? 27. How many children under the age of 18 live in your household? e 28. What is your marital status? (choose one) 1. marri ed 2. single 3. widowed 4. di vorced 29. Please feel free to add any additional comments or suggestions? OPTIONAL: Please fill out your name and address if you would like to be put on a mailing list. The mailing list will serve as notification of public meetings and give information about the Comprehensive Plan. e 5 e e e l . r Ulwater ~ - - - ~ -- ~. THE B I R T H P LAC E 0 F M IN NE SO TAJ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 20, 1993 SUBJECT: PURCHASE OF COMPUTER, PROGRAMS AND GEOGRAPH IC INFORMATION SYSTEM (GIS) TO SUPPORT COMPREHENSIVE PLAN UPDATE The Comprehensive Plan Update Work Program includes money to develop a GIS system and obtain census and land based information from the City Land Use Information System. Attached to this memo is the proposal from Insight Mapping to develop a GIS and provide planning information. The cost of the work is $12,500. The data provided by Insight Mapping will give the City much of the information that will be used in the first phase of plan update. The 1994 Capital Outlay Program includes $4,500 for a new planning computer system. In order to use the computer system to analyze the information provided by Insights, the computer system is needed now. The cost of the computer and software is: Processor Monitor Pri nter Software 486DXZ-66 ZEOS 17" Color SUGA HP"Desk Jet 1200C Arch View $2,995.00 495.00 1,390.00 (500.00) from Compo Plan Budget $4;880.00 TOTAL The Finance Director has indicated that capital outlay money is available this year -for the purchase. The above information and equipment is a part of the Comprehensive Plan Update. The computer system is IBM compatible and the software is compatible with Washington County GIS information. RECOMMENDATION: Approval of contract for services with Insight Mapping for $12,500 and authorize purchase of computer equipment. (Resolution) ATTACHMENT CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 .!III!II INSIGI-IT IIJII1fi1i11 MAPPING KI KI_a & Demographics, Ine. e September 14, 1993 Mr. Stephen S. Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Steven: Thank you for the opportunity to submit this proposal for GIS services to the City of Stillwater. This document provides an outline of our proposed services based on what I heard you describe as your needs. Our objective is to provide you with the best possible GIS support for your planning and development activities. DESCRIPTION OF PROPOSED GIS SERVICES Insight Mapping & Demographics, Inc. proposes to deliver to the City of Stillwater the following GIS development, analysis and mapping services: e 1. GIS Basemap Development: a. Description: Parcel base map for study area bounded by Highway 96 to the North, Highway 36 to the South, Manning Avenue to the West, and the St. Croix River to the East. b. Time To Completion: 60 days from receiving project go ahead. c. Cost: $9,000 ($1.50 per parcel X 6,000 parcels) d. Discussion: Insight Mapping & Demographics, Inc. will produce a digitized computer basemap covering your Comprehensive Planning study area. The basemap will conform to accepted GIS standards. The file will be produced using Workstation Arc Info, one of the most powerful GIS systems available and the system being used by Washington. County for its own basemap development efforts. We are proposing to produce a IIparcel basemapll meaning that all existing parcels within the study area will be delineated. Achieving an acceptable level of accuracy is important. "Acceptablell in this case means that any parcel should be accurate within 2 percent on a total acreage basis. To e 4590 SCOTT TRAIL. EAGAN, MN 55122.612/454-8160 e accomplish this, Insight Mapping & Demographics plans on scanning and digitizing the full study area using the recently updated paper parcel map developed by SEH. This map will then be edited using accurately registered section lines and dimension data from half and quarter section maps. We will be looking to the City to provide us with this information. Rather than simply being lot lines and right-of-way lines, our intent is to build a parcel map where each parcel is a unique polygon, with attributes such as length, width and acreage. This will permit all types of parcel maps and spatial analyses to be run against the parcels at later points in your comprehensive planning process. As we edit the parcel basemap, we will also be adding Property ID (PID) numbers from the paper maps. This is a critical step permitting us to attach your land use data to the file. As requested, we will also be digitizing Stillwater's Planning Districts during this phase in the project. e 2. Additional Basemap Overlays a. Description: Incorporating data contained in outside produced raster and vector base files. These layers could include trunk utility lines, the National Wetlands Inventory, the new Metropolitan Council land coverage inventory, county soils map, contour lines for the downtown area, etc. b. Time To Completion: One or two days to bring the new coverage into our system. This assumes little or no editing or updating required. c. Cost: $1.000 (Assuming four additional basefiles are accessed and we do not encounter any problems with the imported data) d. Discussion: We anticipate that a number of other base layers will need to be added to the base map over the course of the City's Comprehensive Planning process. These layers cou!dinclude: trunk utility lines, the National Wetlands Inventory, the new Metropolitan Council land coverage inventory, county soils map, downtown area contours, etc. Our assumption is that city staff will arrange for the purchase and delivery of these geographic files in GIS (raster or vector) compatible format. Our cost to add these layers is based on a billing rate of $50 an hour. Most overlays should not exceed $250. The exception would be where significant additional digitizing or editing (e.g. rubber sheeting) is needed to update or bring the new layer into alignment with the base map file. e 3. Linking Of Planning Databases a. Description: Establishing relational database links between planning databases and parcel polygons in the GIS base map 2 e b. Time To Completion: Two to three day turnaround assuming data is available in compatible digital format (e.g. Your Symphony files should be exported as lotus files) c. Cost: $500 (assumes PID numbers have been previously attached to the parcel polygons) d. Discussion: The Stillwater Community Development Department maintains an exceptional land use database. Using the parcel PID numbers as the common link, we will establish a relational link between the land use data and the parcel features in the basemap file. At that point, any data contained in the database can be printed on the map or incorporated into any type of spatial analysis which utilizes the parcels. Other relational links can also be established, such as parcel addresses, as long as we have some file that links addresses to PIDs. e 4. GIS Comprehensive Planninq Support a. Description: GIS supports Stillwater's Comprehensive Planning Process by organizing land use data for profiling, analysis and mapping. b. Time To Completion: Timing depends on scale and complexity of map. Basic thematic maps or development maps can be produced in a day or two. Other maps involving many overlays will take several days. c. Cost: $5.500 (Assuming normal GIS analysis activities. Creation of 10 to 15 maps, using TIGER and parcels basefiles, as well as incorporating other overlays as needed. The two most complex maps are likely to be a Comprehensive Plan Map, and an Industrial Park Development Map. Demographic and land use tables related to the analysis are also included in this price. Additional map copies and presentation size maps are available at reprint costs) d. Discussion: With completion of the basefile and linking of databases, all of the analysis capabilities of workstation Arc Info will become available to the city. These capabilities range from simple profiling to various types of impact modeling. Our pricing assumes that all but two or three of the maps will involve routine kinds of mapping and analysis. If more complex analysis is anticipated, we can price out the maps on a project basis. e Steve, you asked about our support during the first couple months while we are in the process of building the parcel basemap. I see two ways that we will support your analysis needs during this period. The first is to provide tabular profiles and maps using our TIGER basemap and 1990 3 e Census data. As discussed, we can provide good accurate data summarized for each of your planning areas,-Usin~fbI6ckand I510ckgrOl.lp , data. The other is to incorporate portions of the parcel map as it becomes available. In particular you mentioned the growth areas on the west side of the study area. 6. Miscellaneous Other Support a. Description: Additional consulting support as needed to advise on internal GIS software and equipment, and assist in getting this equipment operational with GIS data intact. b. Time To Completion: Dependent on Stillwater's needs and timetable. c. Cost: Assume $500 (General consulting rate of $80 per hour) d. Discussion: These are additional support services available to the City. One topic you mentioned at our last meeting was help in evaluating various GIS software options and outlining equipment requirements. SUMMARY OF COSTS e The tasks and costs in the previous section are based on stated usage assumptions. This is necessary since neither of us knows exactly how big a part GIS may be asked to play in your Comprehensive Planning process. Our hope is that you will come to see Insight Mapping & Demographics as a member of your Comprehensive Planning project team. We want to be able to serve you as your needs dictate. The following summarizes our proposed costs and usage assumptions: 1. GIS Parcel Basemap Developed. .. . . . . . . . . . . . .. $ 9,000 2. Addition Overlays (Wetland, Land Coverage, Soils, Utility Trunk Lines, contours) ........... $ 1,000 3. Parcel Link To Land Use Database. . . . . . . . . . . . .. $ 500 4. Compo Plan Analysis & Mapping * . . . . . . . . . . . . . . . . $ 5,500 a. 10-15 Compo Plan Maps (TIGERlParcel) b. Detailed Comprehensive Plan Map C. Industrial Park Development Map 5. Miscellaneous GIS Consulting. . . . . . . . . . . . . . . . . .. $ 500 Estimated Total $16,500 e * More complex GIS analysis and modeling would be bid separately. Output tables are included. Maps assume 8.5" x 11" or 11" x 17" output. 4 e e e To help in evaluating our capabilities and history-of resportsiveness, lam enclosing a copy of a testimonial letter that Dennis Welsch wrote for me in his capacity as Director of Community Development at Apple Valley. As you know, Dennis Welsch has recently taken a comparable position with the City of Roseville, and we have begun to provide similar services to that city as well. I am sure that Dennis would be happy to address any questions you may have about our capabilities. Again, thank you for the opportunity to present this proposal. Please let me know if you have any questions or see the need for some changes to this proposal. You may accept this proposal by signing a copy and returning it to me. Sincerely, . ~~LO# John E. Carpenter - - . President Insight Mapping & Demographics, Inc. Accepted: Stephen S. Russell Community Development Director City Of Stillwater Attachment: Dennis Welsch letter 5 ...@ .... R ..... ..... .. . atyd aPRleII14200cea~rAvenue . va e Y Apple Valley, Minnesota 55124-8545 Telephone (612) 431-8800 July 1, 1993 ."'" To Whom It May Concern: The purpose of this letter is to provide a testimonial on the work done by Insight Mapping and Demographics for the City of Apple Valley. I have worked with John Carpenter and his Insight Mapping firm for the past three years compiling demographic and marketing information, as well as preparing Apple Valley's G1S. system. e John and his company have provided a breath of fresh air for our planners by working as the .private sector. partner, teaching our staff the basics of G1S., and helping our program pull together all of the database inf ormation necessary for display. We have completed G1S. studies on city growth, parks and their service areas, trails, road and snowplow management, potential downtown development, tax increment districts, city-wide comprehensive plan and zoning maps, and analysis of gravel pit impacts. Without John's help, Apple Valley would still be debating the merits of various G1S. equipment and software options. John's company gave us instant information and mapping in a format that we can easily convert for our own computers at a later date. And, considering the cost of equipment, staff, and training, I am sure it was cost eff ectiveand significantly less than if we had tried this initial work in-house. John is straightforward, articulate, insightful and honest. He is easy to work with and likes to work as a .partner. with our planning staff. He meets the deadlines, yet remains flexible. I highly recommend John Carpenter and his firm, Insight Mapping and Demographics, for local government and marketing work. . Sincerely, ~sl.lAJeLct.- Community Development Director DPW/nkd .e Home of the Minnesota Zoological Garden (Printed on Recycled Paper) MEMORANDUM e FR: Diane Deblon, Finance Director ~.~ TO: Mayor and City Council DA: September 21, 1993 RE: PLANNING DEPARTMENT" S CAPITAL OUTLAY REQUEST The Planning Department has requested information relating to the purchase of a computer. The computer is included in the 1994 budget, but they would like to purchase the computer in 1993. The 1993 Capital Outlay Bonds have already been sold, and it is projected that all the capital outlay items will not be purchased. If the City Council would want to 1993, it is my opinion that there expenditure. e It "'SeJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, Sf PAUL, MN 55110 612490-2000 800325-2055 ARCHITECTURE ENGINEERING 6NVIRONMENTAL TRANSPORTATION September 15, 1993 RE: Stillwater, Minnesota City Engineer SEH File No. A-STILL9401.00 Honorable Mayor and Council Members City of Stillwater 216 N. Fourth Street Stillwater, MN 55082-4898 Dear Mayor and Council Members: e Since the City of Stillwater was involved in the flooding in June, which appears to establish a record in the Iowa area at least, and southern Minnesota, we are writing this letter to update the Council on the condition of possible flood damage in the City of Stillwater. While the high water events were not reached that the City experienced in 1965, the flood of 1993 still has had an affect on the City of Stillwater as well as communities downstream along the Mississippi River. One such affect is the duration of the high water in the St. Croix River compared to normal receding of flood waters in the past. The 1991 field inspection indicated the levee wall system had reached a stage of deterioration, and that the repair and extension of the wall system was critical to the safety of the properties and facilities in the floodplain. A thorough, detailed examination of the wall system could not be conducted at the present time due to the remaining high water levels of the river. The unpredictable currents, and the volume of the water resulting from the runoffs create a situation where the use of divers to explore the lower wall structure is both unsafe and unproductive. Given these conditions, a cursory examination of the lower wall may be made after the river recedes, and some comparison measurements may be made of the upper wall and the wharf to determine the extent of the increased failure of the wall system. It is too early, however, to determine specific damage and failure of the structure. The high water levels have continued for the duration of the summer this year. Generally, these levels continue less than one month. We anticipate that the most severe damage will be to the lower wall system where the erosion of the lower wall will create greater voids, much of the sand fill protecting the upper wall will be washed away, and as the water recedes, we can expect more deterioration of the expansion joints and additional movement of the upper wall and the wharf slabs. The greatest damage was between Stations 3+38 and 9+00 where it is likely that the footing of the upper wall could e experience additional erosion. SHORT ELLIOTT HENDRICKSON INC, MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI Honorable Mayor and Council Members September 15, 1993 Page 2 e There is also some damage to t e flood gates on the storm sewer outlets. There are three outlets, some with gates which did no close completely during the flood. The flooding that occurred north of the levee, extended 5QO feet into the commercial section of Stillwater. Sand bags were used to protect the trunk sewet lift station, and some commercial facilities. Streets and curbing were washed away along the north section of the riverfront. The proposed extension up river of the levee to the north, and t e proposed secondary wall system would have prevented much of this damage. It is too early to determine t full extent of the damage caused by the flooding. While we know that there may be additi nal failure of the lower wall, the primary concern is the footings and base of the upper wall sou h of the bridge. Under the worst scenario, the base and footings will have been undercut to an extent that will result in the collapse of the upper wall leaving the riverbank and sewer syste unprotected. Under the best scenario, the upper wall footings will have held up, giving us ti e to repair and extend the wall system before high waters will have an opportunity to erode he structure further. We will await your requesttotro vide an inspection of the lower wall unit as soon as the water recede enough to view the ar a under the levee walk. Please contact the undersigned if you have any questions. We woul . be pleased to review this material with you at your convenience. e Richard E. Moore, P.E. REM/kam c: Nile Kriesel, City Coor inator David Junker, Public orks Director Steve Russell, Comm . ty Development Director e It e e . M E M 0 TO: MAYOR AND COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR SEPTEMBER 17, 1993 PHASE II, ENVIRONMENTAL ASSESSMENT FOR UBC SITE. DATE: SUBJECT: Discussion The Washington County HRA and UBC have agreed to fund two-thirds of the Phase II Environmental Assessment for the Lumberyard site on the west side of Second Street between Olive Street and Nelson Street. This agreement involves the City of Stillwater to agree to join in this effort for one-third of the total cost. As stated on the attached letter from the City Engineer, ATEC Engineering is the recommended fi rm to conduct the Phase II Envi ronmental Study. Staff Recommendation: Approve ATEC's proposal and direct Staff to pursue the necessary agreement between UBC and the Redevelopment Agency. It e e :. "'SeJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, Sf PAUL MN 55110 612490-2000 800 325-2055 ARCHITECTUR~.._.._ :... EN9.!rv..E~FI~~(L.____.!...~'!~o...~~!"~~~____ ___~RA.N~!.9~73.r.IO!:l___~____ - September 17, 1993 Stillwater, Minnesota City Engineer SEH File No. A-STILL9401.00 RE: Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and Council Members: The City received three proposals for a Phase II Subsurface Assessment for the UBC Lumber Yard site on the west side of Second Street between Nelson Street and Olive Street. The cost for the field investigation, laboratory work and report range from $24,795.50 to $26,721.00. The scope of services varied with each proposal and are listed in the following matrix table. Matrix Table Task ATEC Braun AET Safety Plan X X X MOB/DEMOB X X X Borings 10 X X X Rock Coring X Monitoring Wells Grnd H20 Sample X X Only to determine need for wells Chemical Analysis X X X Geo Survey X X X Remediation Estimates X X X (Qualifiied) Total Cost $24,795.50 $26,721 $25,995 The scope of services provided by ATEC Environmental Consultants best meets the needs of the City. Both ATEC and American Engineering Testing, Inc. provided unit prices so items not required can be more readily deducted. Braun Intertec did not provide unit prices. ATEC provided more detail on unit prices than AET. SHORT ELLIOTT HENDRICKSON INC ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI MINNEAPOLIS, MN C -Fit Honorable Mayor and City Coj..mcil I September 17, 1993 I --- --- ----Page 2 : II ATEC included boring rock uit prices which are extra in both AET and Braun proposals. ATEC included monitoring w Is developed in four borings. AET provided monitoring wells as an extra, A TEe feels that five borings and four monitoring wells will be sufficient to complete the work. However, with a u~t price basis, borings not required can be deleted with no payment. I , Both Braun Intertec and ATEciwould provide complete water sampling. AET would only sample water to determine lev I of contamination for monitoring well placement. A report will be prepared, acc rding to each proposal. However, ATEC will provide input from the MPCA that will give he City a final report with estimates of remedial action. This final report is the next step to ngineering design for remedial action. ATEC estimates $5,000 - $10,000 to prepare the enginee ing design. This cost is not included in the $24,795.50 In addition to the cost for AT IS work, the MPCA will charge for their review of the Phase II Subsurface Assessment. It is e~timated the MPCA charge will be between $4,000 and $7,000. We recommend award of the study to ATEC in the amount of $24,795.50. We would be pleased to review these propo~als with you at your convenience. i e REM/kam e It ---, e e M E M 0 ~._"-~-~._.., ~- -.-."-.--........----.---..."..--.- ',-' ,--~._.,,;_._~.."'"'----~--~~-"',~.-._...~~,._..- TO: FROM: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK SEPTEMBER 17, 1993 ITEM #2 UNDER "UNFINISHED BUSINESS" - APPROVING FEASIBILITY STUDY FOR STILLWATER MARKET PLACE PROJECT, L.I. 301. DATE: SUBJECT: PLEASE BRING YOUR COpy OF THE FEASIBILITY STUDY REPORT FOR THIS PROJECT WHICH YOU RECEIVED AT THE SEPTEMBER 7 MEETING. t" e e e ~ /' ....J. '" CONTRACTu FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, dated as of the day of , 1993, between The City of stillwater (the "city"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, stillwater, Minnesota 55082, and SUPERVALU INC., a Delaware corporation, having its principal offices at P.O. Box 990, Minneapolis, Minnesota 55440 (" SUPERVALU") , and Dayton Hudson corporation, a Minnesota Corporation having its principal offices at 777 Nicollet Mall, Minneapolis, Minnesota 55402 ("Target". SUPERVALU and Target shall collectively be called the "Redevelopers"). WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the city; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the city; and pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, section 469.174-469.179, as amended, the Council is authorized to finance the capital and administration costs of a development district with tax increment revenues derived from a tax increment financing district established within the development district; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") and Tax Increment Financing District No. 4 (the "Tax Increment District") pursuant to the Municipal Development Districts Act and the Minnesota Tax Increment Financing Act; and has prepared and approved a tax increment financing plan and a development district plan (the "Plan"); and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land use, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and 1 Plan the City is prepared to construct certain public improvements on the condition that the Redevelopers acquire certain real e_______property. and construct the.. Minimum Improvements thereon; and-- --------- WHEREAS, in order to achieve the foregoing the ci ty has determined to finance the construction of certain Public Improvements through the sale of bonds; and the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions e Section 1.1. Def ini tions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.02. "Act" means the Municipal Development Districts Act, Minnesota Statutes, section 469.124 et seq., as amended. 1.1.03. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.04. "Assessed Market Value" or "Assessed Market Valuation" means the market value of real property as determined by the city assessor of the City in accordance with Minnesota Statutes, section 273.11 (or as finally adjusted by any assessor, board of equalization, commissioner of revenue, or any court). 1.1.05. "Assessment Agreement" means the agreements, in the form of the agreements contained in Schedule B attached to and made a part of this Agreement, among the Redevelopers, the City, and the City Assessor of the city, which for purposes of this Agreement is the assessor of Washington County, who is acting as City Assessor by appointment, entered into pursuant to section 6.3 of this Agreement. 1.1.06. "Bonds" means the City's General Obligation Tax Increment Bond, Series 1993B and or General obligation Improvement Bonds, Series 1993C. 1.1.07. "certificate of Completion" means the certification, in the form of the certificate contained in Schedule D attached to e 2 f' e and made a part of this Agreement, provided to the Redevelopers, pursuant to section 4.4 of this Agreement. 1.1.08. "city" means the city of stillwater, Minnesota. 1.1.09. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redevelopers on Phase One: (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (one side); (5) facade and landscape plan; and (6) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.10. "County" means the County of washington, Minnesota. 1. 1. 11. "Cub Store site" means that part of the Redevelopment Property upon which SUPERVALU plans to construct a Cub Store, tentatively described as Lot 3, Stillwater Market Place. 1.1.12. "Drainage Property" means Outlots A and F, stillwater Market Place. 1.1.13. "Development District" means Municipal Development District No. 1 created by the City. e 1.1.14. "Future Phases" means that part of the Redevelopment Property remaining after the Phase One property is subtracted. 1.1.15. "Event of Default" means an action described in section 9.1 of this Agreement. 1.1.16. "Holder" means the grantee under any Mortgage. 1.1.17. "Maturity Date" means the date when the principal and interest on the Bonds are paid in full, which shall in no event be later than December 31, 2010. 1.1.18. "Minimum Improvements" means the improvements to be constructed by the Redevelopers on Phase One as shown in the construction plans. 1.1.19. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, section 116D.01 et sea., as amended. 1.1.20. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, sections 116B.01 et sea., as amended. e 3 e e e ... 1.1.21. "National Environmental Policy Act" means the federal law located at 42 U.S.C.SS4331 et seq., as amended. 1.1.22. "Net Bond Proceeds" means the amount of the Bonds remaining available to the City after deducting all expenses incurred by the City in connection with the Development District, the Tax Increment District, and this Agreement including, but not limited to, all amounts expended in connection with the issuance of the Bonds, all amounts used to pay interest on, fund a reserve for or sell at a discount the Bonds, and all administrative expenses as defined in the Tax Increment Act. 1.1.23. "Net Proceeds" means any proceeds paid by an insurer to an assignee or transferee of the Redeveloper or the city under a policy or policies of insurance required to be provided and maintained by an assignee or transferee the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. 1.1.24. "Park Property" means that property tentatively described as Outlot "E," stillwater Market Place and referred to in section 3.4 of this Agreement. 1.1.25. "Phase One" means a 21.02 acre parcel, consisting of the Cub Store site and the Target Store site, given final PUD approval by the city on July 20, 1993 by resolution No. 93-131. 1.1.26. "Plan" means collectively the tax increment financing plan and the development district plan created in connection with the Program and the Development District. 1.1.27. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.28. "Public Improvements" means the public utilities described in Schedule "D" to be constructed by the city. 1.1. 29. "Redemption Date" means the earliest date on which any Bonds may be redeemed and paid prior to full maturity. 1. 1. 30. "Redevelopers" means SUPERVALU INC., a Delaware corporation and Dayton Hudson Corporation, a Minnesota corporation. 1. 1. 31. "Redevelopment Property" means the real property described in Schedule A of this Agreement, consisting of Phase One, Lot 2 and Outlots B, C, and D of stillwater Market Place. 1.1.32. "Target Store site" means that part of the Redevelopment Property upon which Target plans to construct a 4 I' e Target store, tentatively described as Lot One, stillwater Market Place. 1.1.33. "state" means the state of Minnesota. 1.1.34. "Tax Increment" means that portion of the real property taxes paid with respect to the Redevelopment Property which is remitted to the City as tax increment pursuant to the Tax Increment Act. 1.1.35. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota statutes, sections 469.174-469.179, as amended. 1.1.36. "Tax Increment District" means the Tax Increment Financing District No. 4 created by the Council in connection with the Development District. 1.1.37. "Tax Official" means any City or county assessor; County auditor; City, county or state board of equalization, the commissioner of revenue of the State, or any state or federal district court, the tax court of the state, or the state Supreme Court. e 1.1.38. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire or other casualty to the Minimum Improvements or Public Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the city) which directly result in delays. ARTICLE II Representations and Warranties: Interpretive Rule section 2.1. Representations by the city. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. 2.1. 2. The city has created, adopted and approved the Development District in accordance with the terms of the Act. 2.1.3. The City has created, adopted, certified and approved the Tax Increment Financing District No. 4 pursuant to the Tax Increment Act. e 5 e 2.1.4. To finance the costs of the activities undertaken by the city, the City proposes to use the proceeds .of Bonds issued by the City and to pledge tax increment generated by the Tax Increment District to the payment of the principal of and interest on the Bonds, and to spread special assessments against the Redevelopment Property and the Park Property pursuant to Minnesota statutes Chapter 429. section Redevelopers. 2.2. Representations and Warranties by The Redevelopers represent and warrant that: the 2.2.1. Target will construct Targets portion of the minimum improvements; supervalu will construct Cubs portion of the minimum improvements in accordance with the terms of this Agreement, the Plan and all local, state and federal laws and regulations, including, but not limited to, environmental, zoning, building code and public health laws and regulations. e 2.2.2. At such time or times as will be required by law, the Redevelopers will have complied with all applicable local, state and federal environmental laws and regulations, and will have obtained any and all necessary environmental reviews, licenses or clearances. As of the date of execution of this Agreement, the Redevelopers have received no notice or communication from any local, state or federal official. that the activities of the Redevelopers or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redevelopers have received no written notice that it is in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Redevelopment Property. 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redevelopers are now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.4. Each Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, off icers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions such Redeveloper, its officers, employees, agents or contractors in connection with the construction or installation of the Minimum Improvements upon its site. e 6 ~' ARTICLE III e Acquisition -of--Redevelopment . Property Zoning Approval and Subdivision Section 3.1. Acquisition of Redevelopment Property. As of the date hereof and in contemplation of the execution of this Agreement, the Redevelopers have acquired the right to purchase the Redevelopment Property from centennial Investment Corporation, a Minnesota Corporation. The Redevelopers agree that they will purchase the Redevelopment Property provided that neither the City nor the Redeveloper are then in default under this Agreement. Section 3.2. Time of Acquisition. 3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured), the closing of the Redevelopment Property shall occur: (i) on or before the 30th of September, 1993; or (ii) on such other date as the City and the Redeveloper shall mutually agree in writing. 3 . 2 .2. The Redevelopment Property deed shall be in recordable form and shall be promptly recorded with the Assessment Agreements. e Section 3.3. Subdivision. The Redevelopers have made application to the city under the city zoning ordinance and subdivision ordinance for approval to subdivide and develop the Redevelopment Property. The Planning commission and the ci ty Council have reviewed the application in accordance with Minnesota law, the City Charter, and ordinances, and have given preliminary approval to the plat of stillwater Market Place on July 20, 1993 by Resolution No. 93-132. 3.3.1 PUD Approval. The Redevelopers have also made application under the City zoning ordinance to develop the Redevelopment Property as a planned unit development. The Planning Commission and the City Council have reviewed the application in accordance with Minnesota law, the city Charter and Ordinances and have given concept approval for the Redevelopment Property and both concept approval and final approval for a Phase I, 21. 02 acre portion of the Redevelopment property on July 20, 1993 by Resolution No. 93-131. section 3.4. Park Dedication. As a condition of subdivision approval the City has required and the Redevelopers have agreed to dedicate 3.75 acres of Outlot E to the City for Park purposes. The city has agreed to purchase from the Redevelopers 3.45 additional acres and the combined site ("Park Property") shall be conveyed to the City by Limited Warranty Deed ("Park Property Deed"). The Park e 7 e Property is tentatively described as Outlot E, stillwater Market Place. 3.4.1. The purchase price to be paid to the Redeveloper by the City in exchange for the Park Property Deed shall be $103,624.00. 3.4.2. Drainage Property. As a further condi tion of subdivision approval, the City has requested and the Redevelopers have agreed to dedicate to the city for drainage purposes Outlot A and F, stillwater Market Place. This property, "Drainage Property", shall be conveyed to the city by Limited Warranty Deed. 3.4.3. Real estate taxes payable in 1993 and 1994 and any special assessments for work done on the Redevelopment Property prior to the execution of this Agreement shall be paid by the Redevelopers or their predecessor. However, the City agrees to pay an assessment to be levied against the Park Property as part of the Public Improvements in the estimated amount of $153,985.90 as such amount may be adjusted pursuant to the allocations set forth in section 4.2, and an additional assessment for a proportionate share, on an area drained basis, of storm water ponding costs if these facilities are constructed north of Curve Crest Blvd. e 3.4.4. Time of Conveyances. If no event of default has occurred (or if an event of default has occurred but has been cured) the conveyance of the Park Property and the payment, therefor, by the City and the conveyance of the Drainage Property to the City shall occur: (i). on or before the 30th of September, 1993; or (ii). within 30 days of the recording of the Plat of Stillwater Market Place whichever is later; (iii). on such other date as the City and the Redevelopers mutually agree in writing. 3.4.5. Ti tIe. The Park Property Deed and the Drainage Property Deed shall be in recordable form accompanied by a title insurance binder with only standard exceptions and easements of record. 3.4.6. Restrictions. The Park Property Deed and the Drainage Property Deed shall contain restrictive covenants binding the City to use the property for only public park and recreation purposes and only for public drainage and utility purposes respectively. ARTICLE IV Construction of Public Improvements e 8 e e e section 4.1. Public Improvements: Hearinq. The Redevelopers have filed with the City a Petition requesting that the City construct all street, storm sewer, sanitary--sewer--and-water-system-. improvements necessary to serve the Redevelopment Property. The city Council by its Resolution No. 93-133 accepted the Petition, designated the proposed improvements as Local Improvement No. 301 and authorized the City'S consulting Engineer, Short, Elliott, Hendrickson, Inc. (the "Consulting Engineer"), to prepare a Feasibility Report. The Consulting Engineer prepared a Feasibility Report dated September 2, 1993, and presented it to the city Council at its regular meeting on September 21, 1993 and, the city council directed that a public hearing be held pursuant to Minnesota Statutes S429. 031. The city agrees to order the improvement, subject to this Agreement being executed and subject to the terms and conditions contained in this Agreement. 4.1.1 Public Improvements: Plans. Specifications: Bids. The Redevelopers have requested the city Council to authorize the consulting Engineer to prepare plans and specifications for Improvement No. 301. The sanitary sewer, water system, storm sewer and street improvement described in the plans and specifications are hereinafter referred to as the "Public Improvements". After the plans and specifications are approved by the City Council and the Redevelopers, any modifications or changes in the plans and specifications that result in a cost increase or decrease to the Redevelopers of $15,000 or more shall require the written consent of the Redevelopers, which consent shall not be unreasonably withheld. 4 . 1. 2 . Order of Improvements: Award of Contracts. The Redevelopers have requested the city council to order the construction of Local Improvement No. 301, to enter into contracts for the construction of the Improvements, and to pay and finance the cost thereof. The city is willing to take this action, but only on the terms, and conditions set forth in this Agreement. 4. 1.3. Easements. The Redevelopers shall furnish to the city upon request and without charge, all permanent and construction easements as designated in the plans and specifications, or such alternate sites as may hereafter be agreed upon by the Redevelopers and the city for the location, construction, installation and operation of the Public Improvements, in form and content reasonably satisfactory to the city. 4. 1.4. Assessments and Charqes. The Redevelopers will pay to the City, when due, all special assessments, interest and other amounts due with respect to the Project as hereinafter provided and will pay to the City when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the city, with 9 e respect to all portions of the Redevelopment Property, when the fees or charges are incurred or become due. - 4.1.5 Financinq. The city shall issue and sell its Bonds, pursuant to Minnesota statutes, in an amount sufficient with all moneys available and appropriated for the purpose, to finance its obligations hereunder. section 4.2. Cost Recoverv. 4.2.1. Cost of Public Improvements. For the purposes of this Agreement and all proceedings and actions taken by the City Council hereunder with respect to Local Improvement No. 301, the Redevelopers and the city acknowledge and agree that the cost of the Public Improvements shall include those elements specified in Schedule "0". Upon completion of the work and payment of all costs of the Public Improvements, the City shall compute the actual cost of the Public Improvements and the amount thereof allocable to the Redevelopment Property and the Park Property, and shall furnish the same to the Redevelopers together with the calculations made by the city to arrive at the amounts. The City Coordinator shall thereafter provide to the Developers all information and documents requested by it in order to verify the costs and computations. e 4.2.2. Levy of Special Assessments: Procedure. Not less than 30 days after the city has furnished its computations to the Redevelopers if the Redevelopers have not paid, within 30 such days, the costs allocated to the Redevelopment Property, the city may levy special assessments with respect to the Public Improvements on the Redevelopment Property, in the manner specified in Minnesota Statutes, section 429.061 unless payment has been made to the city prior to that time. 4.2.3 . Special Assessments: Amount and Allocation. The amount of the special assessments levied on the Redevelopment Property and the Park Property as a whole shall be based upon the actual cost of the Public Improvements insofar as available and on reasonable estimates of the cost insofar as actual costs are not available, as reasonably determined by the city. The amount to be allocated to and specially assessed against the Redevelopment Property and the Park Property as a whole shall be determined in accordance with the Feasibility Report and Schedule "D", which may be revised from time to time to reflect any add-on, add-alternates or change orders that are duly made in the construction contracts for construction of the Public Improvements. The Redevelopers agree that such allocation is fair and reasonable and will result in the allocation of costs and the levy of special assessments on the Redevelopment Property as a whole, which are equal to or less than the special benefit accruing to the Redevelopment Property from the Public Improvements. e 10 e If the Redevelopers, or either of them, disagree with the final allocation, they may seek review of the controversy under section 9.6 of this Agreement. Each oL~them,however,waives_the right _to appeal the assessment to the District Court under the provisions of Minnesota statutes S 429.081. 4.2.4. Payment of Estimated Assessments. Upon the sale or transfer of any lot or parcel of the Redevelopment Property prior to the actual levy and filing of the special assessments to be levied thereon as herein provided, the Redevelopers shall pay the city Treasurer an amount equal to 110% of the amount of the special assessments which would be levied on the lot or parcel based upon the Estimated Cost of the Public Improvements and the estimated assessments as determined by the city. The Redevelopers shall be entitled to a credit against the actual assessment by reason of any over payment. 4 . 2 . 5 . Excess Costs. In the event that the cost of construction of the Public Improvements according to the approved plans, exceeds the Net Bond Proceeds (the "Excess Costs"), the payment of the Excess Costs shall be the responsibility of the Redevelopers and the ci ty pro rata based upon the allocation established in Schedule "D". e At the option of the Redevelopers, which shall be given to the City in writing, the Redevelopers' share of the Excess Costs shall be paid through the payment of special assessments levied against the Redevelopment Property pursuant to Minnesota statute, chapter 429. 4.2.6. Construction and Completion of Public Im~rovements. The city shall commence and substantially complete construction of the Public Improvements by the dates set forth in Schedule "E", or on such other date as the parties shall agree. ARTICLE V Construction of Minimum Improvements section 5 . 1. Construction of Minimum Improvements. The Redevelopers agree that Target will construct Target Store; Supervalu will construct Cub Store on the Redevelopment Property in accordance with approved Construction Plans. section 5.2. Construction Plans. - 5.2.1. The Redevelopers have submitted to the city "Preliminary Plans," consisting of floor plans and sketches of the exterior and interior of the proposed Minimum Improvements which illustrate the size and character of the proposed improvements. The Preliminary Plans shall be deemed approved by the city. e 11 , ' -e 5.2.2. No later than the date set forth in Schedule "E", the Redeveloper shall submit Construction Plans to the city. The Construction Plans shall provide --for theconstructioTI___of__the Minimum Improvements and shall be in conformity with the Erogram, this Agreement, the Preliminary Plans, and all applicable state and local laws and regulations. The city shall approve the Construction Plans in writing within 15 days if, in the reasonable discretion of the City: (a) The Construction Plans are consistent with the Preliminary Plans and conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the goals and objectives of the Program and Plan; (c) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (d) the Construction Plans conform to any conditions of approval contained in any zoning permit issued by the City. (e) the Construction Plans are adequate to provide for the construction of the Minimum Improvements; and e 5.2.3. If the Redevelopers desire to make any change in the Construction Plans after their approval by the city, the Redevelopers shall submit the proposed change to the city for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this section 5.2 of this Agreement with respect to such previously approved Construction Plans, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. The change in the Construction Plans shall, in any event, be deemed approved by the city unless rejected, in whole or in part, by written notice by the city to the Redevelopers, setting forth in detail the reasons therefor. The rejection shall be made within ten (10) days after receipt of the notice of the change. section 5.3. Commencement and Completion of Construction. The Redevelopers shall commence construction of the Minimum Improvements on or before the date set forth in Schedule "E" or on such other date as the parties shall agree. The Redevelopers shall substantially complete the construction by the date set forth in Schedule "E" unless it is prevented from doing so by order of a court or due to circumstances beyond its control. All work with respect to the Minimum Improvements to be constructed or provided by the Redevelopers on the Redevelopment Property shall be in conformity with the Preliminary Plans and Construction Plans as submitted by the Redevelopers and approved by the City. e 12 e until construction of the Minimum Improvements has been completed, the Redevelopers shall make reports, in such detail and at such times as may reasonably be requested by the €ity-, astothedactu_al__~_______ progress of the Redevelopers with respect to such construction. 5.3.1 Limitation of Assistance. The Redevelopers acknowledge that the substantial public assistance provided by the City pursuant to this Agreement is sufficient to allow the Redevelopment of the Redevelopment Property and that they are proceeding with the Redevelopment having been informed by the city that financial public assistance, either in the form of tax increments or otherwise will not be available to assist the redevelopment of future phases of the Redevelopment Property. section 5.4. certificate of Completion. 5.4.1. Promptly after substantial completion of the Minimum Improvements in accordance with the Construction Plans the city will furnish the Redevelopers with an appropriate instrument so certifying. The certification by the City shall be a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redevelopers, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. The certification and the determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned ~ to finance the Minimum Improvements, or any part thereof. ARTICLE VI Tax Increment section 6. 1. Tax Increment certification. The city has established a tax increment district within the Development District and the county auditor of the County has certified the Assessed Market Value of all taxable real property in the Development District pursuant to Minnesota Statutes, section 469.177, Subd. 6. The City shall pledge and appropriate so much of the tax increment generated by the real property in any year to the payment of principal of, premium, if any, and interest due on the Bonds in such year. section 6.2. Real Property Taxes. 6.2.1. The Redevelopers or their predecessor shall pay when due all real property taxes payable with respect to Phase One due and payable in 1993 and thereafter until the Maturity Date and all special assessments levied, pending and assessed after October 1, 1993 with regard to the Phase One Redevelopment Property. e 13 e 6.2.2. The Redevelopers each agree that prior to the Maturity Date it will not attempt to reduce the Assessed Market Value of its portion of Phase One belowthe-MitiifilUm-Ma.rket- Value-set forth-in section 6.3 of this Agreement by reason of any of the following: (1) administrative review or judicial review of the applicability of any real estate tax statute determined by any Tax Official to be applicable to Phase One of the Redevelopment Property or Minimum Improvements or raise the inapplicability of any such real estate tax statute as a defense in any proceedings, including delinquent tax proceedings; (2) administrative review or judicial review of the constitutionality of any real estate tax statute determined by any Tax Official to be applicable to Phase One of the Redevelopment Property or Minimum Improvements, nor will Redevelopers raise the unconstitutionality of any such real estate tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) willful destruction of Phase One of the Redevelopment Property or any part thereof; ~ (4) a request to the city assessor of the City or the county assessor of the County to reduce the Assessed Market Value of all or any portion of Phase One of the Redevelopment Property; (5) a petition to the board of equalization of the City or the board of equalization of the county to reduce the Assessed Market Value of all or any portion of Phase One of the Redevelopment Property; (6) a petition to the board of equalization of the State or the commissioner of revenue of the State to reduce the Assessed Market Value of all or any portion of Phase One of the Redevelopment Property; (7) an action in a District Court of the State or the Tax Court of the State pursuant to Minnesota Statutes, Chapter 278, or any similar State or federal law, seeking a reduction in the Assessed Market Value of Phase One of the Redevelopment Property; (8) an application to the commissioner of revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270, or any similar State or federal law; and (9) any other proceedings, whether administrative, legal or equitable, with any administrative body within the city, e 14 . ' e e e the County, or the state or with any court of the state or the federal government. The Redeveloper shall not, prior to the Maturity Date, apply for a-deferral- of property tax-on-Phase One of the Redevelopment Property pursuant to Minnesota statutes, section 273.86, or any similar law. Notwithstanding the foregoing limitations, the Redevelopers may protest the assessed market value of Phase One to the extent it exceeds the Minimum Market Value set forth in section 6.3 of this Agreement. section 6.3. Assessment Agreements. Prior to September 30, 1993, the Redevelopers and the city shall execute Assessment Agreements, substantially in the form of the Assessment Agreements contained in Schedule B of this Agreement. The Assessment Agreements shall provide that as of January 2, 1995, the Minimum Market Value until the Maturity Date shall be $4,954,200 for the Target Store site and $4,111,000 for the Cub store site. ARTICLE VII Financinq section 7.1. Financing. 7.1.1. The City hereby finds that the Redevelopers financing is sUfficiently committed to provide for the construction of the Minimum Improvements and contains other terms and conditions which are not inconsistent with the objectives and needs of the City. section 7.2. Limitation Upon Encumbrance of Property. Prior to the Maturity Date, if any lien is filed against Phase One of the Redevelopment Property for work claimed to have been done for, or materials furnished to, Redevelopers, Redevelopers shall cause the same at Redevelopers' expense to be discharged of record within sixty (60) days after the date of filing the same, either by payment, deposit or bond pursuant to applicable provisions of the Minnesota lien law. section 7.3. Modification for Benefit of Mortqaqes. In order to facilitate the Redevelopers' obtaining a mortgage the city agrees that it will consent to reasonable modifications of this Agreement if requested by a prospective lender and if the City, in its reasonable discretion, determines that such modification(s) will adequately protect the legitimate interests and security of the City in Phase One of the Redevelopment Property and Minimum Improvements and under this Agreement. This agreement to modify does not imply that the City will modify the Assessment Agreements. 15 . ' ARTICLE VIII e Assiqnment.andTransfer section 8.1. Representation as to Redevelopment. The Redevelopers represent and agree that its purchase of the Redevelopment Property, and its other undertakings pursuant to this Agreement, are for the purpose of redevelopment of Phase One. The Redevelopers further recognize that, in view of the importance of the redevelopment of Phase One of the Redevelopment property to the general welfare of the City, and the substantial financing and other public aids that have been made available by the city for the purpose of making the redevelopment possible, the qualifications and identity of the Redevelopers are of particular concern to the City. The Redevelopers further recognize that it is because of qualifications and identity that the city is entering into this Agreement with the Redevelopers, and, in doing so, is further willing to accept and rely on the obligations of the Redevelopers for the faithful performance of all undertakings and covenants hereby by it to be performed. section 8.2. Transfer of Property and Assiqnment of Aqreement. Also, for the foregoing reasons the Redevelopers represent and agree with respect to Phase One, that: e 8.2.1. until the Maturity Date except only by way of security for, and only for, the purpose of obtaining financing, the Redevelopers have not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or Phase One of the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, except upon the following conditions: (i) No such sale, assignment, conveyance, lease, trust or power shall operate to relieve Redevelopers of any of its duties or obligations under this Agreement or the Assessment Agreements. (ii) Any proposed transferee, by instrument in writing reasonably satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the city, have expressly assumed all of the obligations of the Redevelopers under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redevelopers are subject (or, in the event the transfer is of or relates to part of Phase One of the Redevelopment property, the obligations, conditions, and restrictions to the extent that they relate to such part) even if the Redevelopers agree to continue to fulfill those obligations: Provided, That the e 16 . ' e fact that any transferee of, or any other successor in interest whatsoever to, Phase One of the Redevelopment Property, or any parttbereof,. shall ,for whatever.thareason, not have assumed obligations or so agreed, shall not.(llnless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from the obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Phase One of the Redevelopment Property or the construction of the Minimum Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in Phase One the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the city of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to Phase One of the Redevelopment Property and the construction of the Minimum Improvements that the City would have had, had there been no such transfer or change. e (iii) There shall be submitted to the city for review all instruments and other legal documents involved in effecting transfer. (iv) As a condition of any approval the city may require a transferee to furnish proof of payment of premiums on, insurance as follows: (a) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse and flood in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $25,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the city. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) and equipment, and shall be determined from time to time at the request of the city, but not more frequently than once every three years, by an insurance consultant or insurer, selected and e 17 . ' e e e paid for by the Transferee and approved by the city. All policies evidencing insurance required by this subparagraph (a) with respect to the Minimum Improvements shall be carried_in..the_.names__of__the.___ Transferee and the City as their respective interests may appear. (b) comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobile insurance, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability not arising from ownership or operation of automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each occurrence for liability arising out of ownership or operation of automobiles (or other motor vehicles) and shall be endorsed to show the city as additional insured. (c) Such other insurance, including worker's compensation insurance respecting all employees of the Redevelopers engaged in work with respect to the construction of the Minimum Improvements, in such amount as may be required by law. In the absence of specific written agreement by the City to the contrary, no such transfer shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. 8.2.2. The restrictions relating to transfer and assignment contained in this section shall not apply to the transfer of Phase One or any part thereof from either of the Redevelopers to related entities, subsidiaries, affiliates or joint ventures. ARTICLE IX Events of Default section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement anyone or more of the following events that remains uncured after 30 days written notice to the defaulting party of the event; provided, however, that if such default is of a nature which cannot reasonably be cured within 30 days, the defaulting party shall be given an additional reasonable period of time to cure, provided the defaulting party commences the cure within such 30 day period and thereafter prosecutes such cure with reasonable diligence. 9.1.1. Failure by a Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including, but not limited to, the payment of real 18 . ' estate taxes. e 9.1.2. Failure by the assignee or transferee ofa-.Redeveloper_------- to provide and maintain any insurance required to be provided and maintained by section 8 of this Agreement. 9.1. 3. Failure by the defaulting party to commence and complete construction of the Minimum Improvements or Public Improvements pursuant to the terms, conditions and limitations of this Agreement. 9.1.4. Failure by the defaulting party to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder. 9.1.5. The Holder of any Mortgage forecloses on Phase One of the Redevelopment Property in the event of a default in any of the terms or conditions of the Mortgage. 9.1.6. Construction Agreement. Failure of Plans in a Redeveloper to submit satisfactory accordance with section 4.2 of this 9.1.7. The Redevelopers or a Redeveloper: e (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; (ii) makes an assignment for the benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated bankrupt or insolvent. 9.1.8 The City: (i) fails to substantially complete the Public Improvements pursuant to the terms, condi tions and limitations of Article IV of this agreement. section 9.2. city Remedies on Default. Whenever any Event of Default by the Redevelopers referred to in section 9.1 of this Agreement occurs, the city may take anyone or more of the following actions: 9.2.1. Suspend its performance under the Agreement until it receives assurances that the Redevelopers will cure its default and e 19 . ' continue its performance under the Agreement. e 9.2.2. Terminate the-Agreement. 9.2.3. Withhold the certificate of Completion. 9.2.4. Notwithstanding Section 9.6 of this Agreement, take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redevelopers under this Agreement. 9.2.5. Provided that the default of a Redeveloper is distinct and separate, the City shall not seek a remedy or take an action permitted hereunder against another Redeveloper that is otherwise in compliance with this agreement, and shall seek a remedy against the defaulting party. Until after the Public Improvements are completed and the costs allocated the city will not terminate the agreement or suspend its performance unless both parties are in default. Section 9.3. Redevelopers Remedies of Default. Whenever an Event of Default by the City referred to in S9.1 of this Agreement occurs, the Redevelopers, or either of them, may take the following actions: e Section 9.3.1 Notwithstanding section 9.6 of this Agreement, take whatever action, including legal or administrative, which may appear necessary or desirable to the Redevelopers, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement, including an action for damages or a suit in equity. Section 9.4. No Remedy Exclusive. Except as may be provided otherwise in S9.6, no remedy herein conferred upon or reserved to the City or the Redevelopers is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the city or the Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. e Section 9.5. No Additional Waiver Implied by One Waiver. In 20 . ' - the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to thepar-ticularbreach.-sowaived and shall not be deemed to waive any other concurrent, previous or ]subsequent breach hereunder. section 9.6 Arbitration. Except for the Redevelopers' remedies under 59.3, and the City's remedies under 59.2 any controversy or claim arising between the parties, including, but not limited to, disputes relating to this Agreement, shall be resolved by binding arbitration. This agreement to arbitrate shall continue in full force and effect despite the expiration, rescission or termination of this Agreement. All arbitration shall be undertaken pursuant to the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of competent jurisdiction. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. The arbitrator(s) shall apply the law of the State of Minnesota and the arbitration shall be held in Minneapolis, Minnesota., - Any party may demand arbitration by sending written notice to the other parties. The arbitration and the selection of the arbitrator(s) shall be conducted in accordance with such rules as may be agreed upon by the parties, or, failing agreement within thirty (30) days after arbitration is demanded, under the Commercial arbitration Rules of the American Arbitration Association ("AAA") , as such rules may be modified by this agreement. In any dispute which involves more than $100,000 in damages, three arbitrators shall be used. Unless the parties agree otherwise, they shall be limited in their discovery to directly relevant documents. Responses or objections to a document request shall be served twenty (20) days after receipt of the request. The arbitrator(s) shall resolve any discovery disputes. The arbitrator(s) shall have the authority to award actual and consequential money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but the arbitrator(s) shall not have the authority to award exemplary or punitive damages, and the parties expressly waive any claimed right to such damages. The arbitration shall be of each party's individual claims only, and no claim of any other party shall be subject to arbitration in such proceeding. The costs of arbitration, but not the costs and expenses of the parties, shall be shared equally by the parties. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitration award, or fails to comply with the arbitration award, the other party is entitled to costs, including without limitation reasonable attorneys' fees, for having to compel arbitration or defend or enforce the award. Except as otherwise required by law, the parties and the arbitrator(s) agree to maintain as confidential all information or documents obtained during the arbitration process, - 21 including the resolution of the dispute. _ Notwithstanding.the above, the parties-recognize that-certain .......-... business relationships could give rise to the need for one or more of the parties to seek emergency, provisional or summary relief to repossess and sell or otherwise dispose of goods and/or fixtures, to prevent the sale or transfer of goods and/or fixtures, to protect real or personal property from injury, or to obtain possession of real estate and terminate leasehold interests, and for temporary injunctive relief. The parties agree that they shall be entitled to pursue such rights and remedies for emergency, provisional, temporary injunctive or summary relief; however, each party agrees that, immediately following the issuance of any emergency, provisional, temporary injunctive or summary relief, it will consent to the stay of any judicial proceedings pending arbitration of all underlying claims between the parties. ARTICLE X Additional provisions - section 10.1. City Representatives Not Individuallv Liable. No member, official, or employee of the city shall be personally liable to the Redevelopers, or any successor in interest, in the event of any default or breach by the city or for any amount which may become due to the Redevelopers or successors on any obligations under the terms of the Agreement, except in the case of willful misconduct. section 10.2. Equal Employment. Opportunitv. The Redevelopers, for themselves and their successors and assigns, agree that with respect to the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. section 10.3. Restrictions on Use. The Redevelopers agree for itself, and its successors and assigns, and every successor in interest to Phase One of the Redevelopment Property, or any part thereof, that Phase One of the Redevelopment Property shall not be used for any use which is not in accordance with, the uses specified in the zoning ordinance, the stillwater City Code, and conditions of approval of any zoning permit issued for Phase One of the Redevelopment Property. section 10.4. provisions Not Merqed with Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in Phase One of the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. section 10.5. Titles of Articles and sections. Any titles of e 22 e e - the several parts, Articles, and sections of the Agreement are inserted for conve:ni.emce oJ x.eference only and. shall be, disregarded-......~- -".-- in construing or interpreting any of its prQvisions. section 10.6. Modification. This Agreement may be changed only by a writing that is executed and delivered by both the city and the Redevelopers. section 10 .7. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redevelopers, is addressed to or delivered personally to SUPERVALU INC., at P.o. Box 990, Minneapolis, Minnesota 55440 attention Legal Department; and Cub Foods, 127 Water Street, P.O. Box 9, stillwater,MN 55082- 0009; and Dayton Hudson at 33 South sixth street, Minneapolis, Minnesota, 55402. Attention Real Estate Property Administration. (b) in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, stillwater, Minnesota 55082; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other party as provided in this section. section 10.8. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redevelopers have caused this Agreement to be duly executed in their name and behalf on or as of the date first above written. THE CITY OF STILLWATER, MINNESOTA By Its Mayor By Its city Clerk 23 . . e e e STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) SUPERVALU INC., A Delaware corporation By Dayton Hudson corporation, A Minnesota corporation BY me this The forgoing instrument was acknowledged before day of , 199__, by and , the of The city of Stillwater, Minnesota Municipal Corporation. STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The foregoing instrument day of the Corporation, on behalf of the and Minnesota, a Notary Public was acknowledged before me this , 199__, by , of SUPERVALU INC., a Delaware Corporation. Notary Public 24 e e e STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199___, by and , the and of Dayton Hudson Corporation, a Minnesota Corporation. Notary Public This instrument was drafted by: David T. Magnuson Magnuson & Thole 324 South Main Street, #260 P.O. Box 438 Stillwater, MN 55082 25 e e e SCHEDULE B-1 ASSESSMENT AGREEMENT and ASSESSOR'S CERTIFICATION Between THE CITY OF STILLWATER, MINNESOTA, and SUPERVALU INC., A DELAWARE CORPORATION; and COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON .....,..-, "._>.r__....__...~...~. _._._..~,,~~_~__~_.__.,__..~'".__~_~..-'-"._ . This document was drafted by: David T. Magnuson Magnuson & Thole 324 South Main Street, P.O. Box 438 Stillwater, MN 55082 #260 B-1 Page 1 e SCHEDULE.B ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 199___, and among The City of stillwater, Minnesota, a Minnesota municipal corporation (the "City"), and SUPERVALU INC., a Delaware Corporation, ("SUPERVALU"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof the city SUPERVALU and Dayton Hudson Corporation have entered into a Contract for Private Redevelopment (the "Redevelopment contract") regarding certain real property located in the city of stillwater, pursuant to which SUPERVALU is to acquire certain property, hereinafter referred to as "Lot 3" and legally described in Exhibit A hereto; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract SUPERVALU will construct certain of the private improvements upon Lot 3 (the "Minimum Improvements"); and e WHEREAS, the city and SUPERVALU desire to establish a minimum market value for Lot 3 and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, section 469.177, Subd. 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 1995, the minimum market value which shall be assessed for Lot 3 described in Exhibit A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be $4,111,000. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on the earlier of the following: (a) by operation of law; or (b) the date when the tax increment bonds issued by the City and referred to in the Redevelopment Contract as the Bonds have been paid in full and retired, but in no event later than December 31, 2010. e B-1 Page 2 e e e The event referred to in section 2(b) of this Agreement shall be evidenced by a certificate or affidavit executed by the city. 3. This Agreement shall be promptly recorded by SUPERVALU. SUPERVALU shall pay all costs of recording. 4. Nei ther the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract between the city, SUPERVALU, and Dayton Hudson Corporation. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6. Each of the parties has authority to enter into this Agreement and to take all actions required of it, and has taken all actions necessary to authorize the execution and delivery of this Agreement. 7. In the event any provision of this Agreement shall beheld invalid and unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 8. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and modifications hereto, and such further instruments as may reasonably be required for correcting any inadequate, or incorrect, or amended description of Lot 3 or the Minimum Improvements, or for carrying out the expressed intention of this Agreement, including, without limitation, any further instruments required to delete from the description of Lot 3 such part or parts as may be included within a separate assessment agreement. 9. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by all parties hereto. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. B-1 B -3 e e - THE CITY OF STILLWATER, MINNESOTA By Its By Its SUPERVALU INC., A Delaware Corporation By Its By Its County Assessor STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199 , by and , the and - of The city of Stillwater, Minnesota, a Minnesota municipal corporation. STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) Notary Public The forgoing instrument was acknowledged before me this ____ day of , 199____, by the of SUPERVALU INC., a Delaware Corporation, on behalf of the Corporation. Notary Public B-1 Page 4 e e e STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The forgoing instrument was acknowledged before me this day of , 199____, by the County Assessor. Notary Public B-1 Page 5 e e e STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The forgoing instrument was acknowledged before me this day of , 199____, by the County Assessor of the County of Washington. Notary Public B-1 Page 5 e e e EXHIBIT A to Assessment Agreement Lot Three, stillwater Market Place, according to the Plat thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota. B-1 Page 6 EXHIBIT B e to. Assessment Agreement section 469.177, Subd. 8. Assessment Agreements. An authority may, upon entering into a development or redevelopment agreement pursuant to Section 469.176, Subd. 5, enter into a written assessment agreement in recordable form with the developer or redeveloper of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements to be constructed thereon until a specified termination date, which date shall be not later than the date upon which tax increment will no longer be remitted to the authority pursuant to section 469.176, Subd. 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon such agreement: e The undersigned assessor, being legally responsible for the assessment of the above-described property upon completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to such land and improvements upon completion shall not be less than $ Upon transfer of title of the land to be developed or redeveloped from the 'authority to the developer or redeveloper, such assessment agreement, together with a copy of this sUbdivision, shall be filed for record and recorded in the office of the county recorder or filed in the office of the registrar of titles of the county where the real estate or any part thereof is situated. Upon completion of the improvements by the developer or redeveloper, the assessor shall value the property pursuant to section 273.11, except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes; provided, however, that the e B-1 Page 7 , . e e e developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the county auditor, any board of review, any board of equalization, _the..commissioner. of r-evenueor any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and shall be binding upon them. B-1 Page 8 e e e CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than (0.00) until termination of this Agreement. It is understood that this market value assumes that the value before the Minimum Improvements were added was ($0.00) in the 1993 Washington County assessment. County Assessor for the County of Washington STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199 , by , the County Assessor of the county of Washington. Notary Public B-1 Page 9 e e e SCHEDULE B-2 ASSESSMENT AGREEMENT and ASSESSOR'S CERTIFICATION Between THE CITY OF STILLWATER, MINNESOTA, and DAYTON HUDSON CORPORATION, A MINNESOTA CORPORATION and COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON This document was drafted by: David T. Magnuson Magnuson & Thole 324 South Main Street, #260 P.O. Box 438 stillwater, MN 55082 B-2 Page 1 e e e SCHEDULE B ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 199___, and among The City of stillwater, Minnesota, a Minnesota municipal corporation (the "City"), and Dayton Hudson corporation, ("Target"), and the County Assessor of the County of washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof the city Target and SUPERVALU INC. have entered into a Contract for Private Redevelopment (the "Redevelopment Contract") regarding certain real property located in the City of stillwater, pursuant to which Target is to acquire certain property, hereinafter referred to as the "Lot 1" and legally described in Exhibit A hereto; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract Target will construct certain of the private improvements upon Lot 1 (the "Minimum Improvements"); and WHEREAS, the City and Target desire to establish a minimum market value for Lot 1 and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, section 469.177, Subd. 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 1995, the minimum market value which shall be assessed for Lot 1 described in Exhibit A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be $4,954,200. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on the earlier of the following: (a) by operation of law; or (b) the date when the tax increment bonds issued by the City and referred to in B-2 Page 2 e the Redevelopment Contract as the Bonds have been paid in full and retired, but in no event later than December 31, 2010. The event referred to in section 2(b) of this Agreement shall be evidenced by a certificate or affidavit executed by the city. 3 . This Agreement shall be promptly recorded by Target. Target shall pay all costs of recording. 4. Nei ther the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract between the city, Target and SUPERVALU INC. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6. Each of the parties has authority to enter into this Agreement and to take all actions required of it, and has taken all actions necessary to authorize the execution and delivery of this Agreement. 7. In the event any provision of this Agreement shall be held invalid and unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. e 8. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and modifications hereto, and such further instruments as may reasonably be required for correcting any inadequate, or incorrect, or amended description of lot 1 or the Minimum Improvements, or for carrying out the expressed intention of this Agreement, including, without limitation, any further instruments required to delete from the description of Lot 1 such part or parts as may be included within a separate assessment agreement. 9. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by all parties hereto. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. e B-2 Page 3 e e e THE CITY OF STILLWATER, MINNESOTA By Its By Its DAYTON HUDSON CORPORATION A ~~ corporation ~ By Its By Its County Assessor STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199 , by and , the and --- of The city of stillwater, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The forgoing day of and instrument was acknowledged before me this ____ , 199____, by the and of Dayton HUdson,,-dfl ~6'l..Corporation, Corporation. on behalf of the Notary Public B-2 Page 4 e e e STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The forgoing instrument was acknowledged before me this day of , 199___, by the County Assessor of the County of Washington. Notary Public B-2 Page 5 e e e EXHIBIT A to Assessment Agreement Lot One, stillwater Market Place, according to the Plat thereof, on file and of record in the office of the County Recorder, washington County, Minnesota. B-2 Page 6 -. e e e the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibi t the developer or redeveloper. from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes; provided, however, that the developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the county auditor, any board of review, any board of equalization, the commissioner of revenue or any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and shall be binding upon them. B-2 Page 8 e e e CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than (0.00) until termination of this Agreement. It is understood that this market value assumes that the value before the Minimum Improvements were added was ($0.00) in the 1993 Washington County assessment. County Assessor for the County of Washington STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199 , by , the County Assessor of the County of Washington. Notary Public B-2 Page 9 ES'fIMATED COST APPORTIONMENT OF TIm PUBLIC UTILITIES AND PARK LAND PURCHASE PROPOSED TARGET/SUPER VALU STILLWATER MARKET PLACE PROJECT Target/Super Valu Site City & Others Neal Ave North Tower Drive Sanitary Sewer 43,162.16 Water Main 251,466.00 67,400.11 Drainage 57,913.55 15,522.48 Drainage Improvements CJl Under CASH 5(2) 62,000.00 34,344.00 (1 'P:I: Streets 81,102.85(1) 102,146.41 ~tz:l Lighting 21,250.88 5,695.72 GlO tz:lC Signals 78,749.83 1:-1 ->tz:l Trunk Sanitary Sewer 111,981. 70 30,014.27 0 County Road 5 Improvement(3) 6,000.00 14,000.00 Total utility Costs 713,626.97 269,122.99 Parkland Sale/Purchase (103,624.00) Total Land and Utilities (Net Cost) 610,002.97 General Notes regarding the cost estimates in Table 1: 6,572.77 38,293.51 8,819.12 38,575.00 193,483.94 58,034.64 3,236.10 233,656.00 863, 511.16( 1) 3,260.00 191,250.00 291,949.03 114,956.14 1,815,685.13 103,624.00 1,919,309.13 Table 1 Total 49,734.93 395,734.62 275,739.09 330,000.00 1,104,795.06 33,442.70 269,999.83 433,945.00 20,000.00 2,913,391.23 (1) MnDOT assistance of $300,000 added to City column. (2) Costs are assessed by net drainage area. The project and cost estimates need further review during the feasibility study. (3) Adjacent sites to be assessed for an 8-foot wide bituminous trail. (4) City has agreed to purchase approximately 3.6 acres of park land from Outlot E ($103,624) from the developer. Additionally, the City will pay for a proportionate cost on an area drained basis of stormwater ponding costs if constructed north of Curve Crest Blvd. (5) It is understood that the costs in Table 1 are estimated and will be recalculated upon, the receipt of actual bids based upon the detailed design plans. Formulas used to arrive at the estimated costs shown in Table 1 will be used to calculate the final costs for the specific property assessments. - e e , ,t", e e e city Dates: 02/01/94 12/15/93 06/01/94 07/10/94 08/12/94 08/12/94 09/01/94 09/01/94 09/15/94 09/30/94 Target Dates: 11/01/93 11/15/93 10/01/94 SUPERVALU Dates: 03/31/94 05/31/94 12/31/94 SCHEDULE E Ordered Lift station. Sheehy/City/Short, Elliot & Hendrickson - project Coordination Meeting. Permanent power and electric to site. Curve Crest completed East of Neal Avenue. Lift station and utilities completed. Curve Crest completed to CSAH 5. Signals operational/CSAH 5 improvements completed. Neal Avenue and new Frontage Road completed from Curve Crest to Washington Avenue. Street lights completed. Neal Avenue completed from Curve Crest to Orleans Avenue. Submit plans. Commence construction.* Substantially complete construction.** Submit plans. Commence construction.* Substantially complete construction.** *Subject to plan approval. **subject to City meeting its dates. -e e e M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL NILE L. KRIESEL, CITY COORDINATOR SEPTEMBER 16, 1993 AVAILABILITY OF TAX FORFEIT LAND Accompanying this memo is a map showing a parcel of land (11080-5220) that is owned by the State of Minnesota and is available to the City. The parcel is located at the northeast corner of Harriet and Linden Streets and is adjacent to the Mulberry Street Ravine. It was tax forteited in 1938 and the City received notice on September 15 that the State would convey the property (at no cost) to the City. - I would recommend that the Council acquire the parcel (at no cost) to protect the ravine area. J(-.':' ,~ \ ~,. ~o . . \- \1.\ \lj Ct 40 h Crj 0 e e. !s4-0 8,,30 8'&'0 8w90 \ '" i 110"10- ,,, .. I!l !I ,,, II , 2/20 .., , 2A , :s7lt'rE" 4"\0 406 ~ "'f(:. I it t.. s. \ ,,3-._Jt .._",,~r"''' ,.,...,J</ - ,90 Z5901' /B' ve ~/~?\ 3Q \ 3" \ \ \ \ \ ., . ..' ~\ ... ", t\ \ \ "'\ \ \. Ib' 'Ii 'l'C,' \,6- cl . "q 'I.C}oo" ~\ . . '~,. .~~----,,- - -~ _..-..._...-.~.- _...._-~_. . - ..- ~\.. .- .....--.- - --",,' --." .....' . - ." APPLICATION FOR PAYMENT (UNIT PRICE CONTRACl) It.' \: i;' . " c. .' .J.i.';~. ~- ~--A ...... .L.J ;:.~i SHC:(1 ELUTfT l:=:'!Jf(iCKSOt~, [['iJ. -e-- .--... NO. 3 - 1='1{'jQ.t ......,_._~._...._._,--_..._.~,~PQr)0 ..199.3:-~--.. i-'\V v r.~ OWNER: STtLLWATER, MINNESOTA OWNER'S PROJECT NeSI.. PAUL l.l. 289 ENGINEER'S PROJECT NO. 93156 LOCATION: STILLWATER, MINNESOTA CONTR. FOR APPUC. DATE PERIOD END. MILlE LACS CONST. ROUTE #1, BOX 136 WAHKON, MINNESOTA 56386 HIGHLANDS 3RD ADD. >1-/8-<13 8-)S-CJ3 CONTRACT DATE CONTRACT AMOUNT CONTRACTOF $147,823.95 DESCRIPTION APPLICATION FOR PAYMENT CONTRACT QUANT. UNIT QUANT. TO DATE UNIT PRICE TOTAL STREET e 3,900.00 $ 3/100.00 , 8.00 $ 2,o/fo?O . 100.00 $ '8&0.00 1 MOBILIZATION 2 TOPSOIL BORROW (LV) 3 SUBGRADE PREPARATION 4 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON LS 1 C.Y. 400 2- 5 2- 8.5 8.5 RD.STA. 12 SODDING S.Y. 1425.J 8C):5 7.50 $ )~,Z.12,S6 I 328 Yl-Jt.Z 25.00 $ 1/, 780,OD 328 4'70 23.00 $ JOt g /0.00 , I 130 1&0 I 2'10. 06 1.sq $ I, 3200 z..g 3R 1.85 $ 5; 250. 30 2100 2../25 5.05 $/0,73/, 2.5 I 1.3 0 300.00 $ 0 65 0 2.50 $ 0 700 8JO 2.25 $ I. 922, ~() . 2.6 () 225.00 $ 0 5 lYPE 41 WEARING COURSE TON 6 lYPE 31 BINDER COURSE TON 7 BIT. MATERIAL FOR TACK GAL 8 6' CONCRETE WALK S.F. 9 0418 CONC. CURB & GUTTER l.F. 10 ROADSIDE SEEDING ACRE 11 SEED MIXTURE 500 LBS. 13 MULCH MATERIAL "TYPE 1 TON e PAGE 1 OF 4 SHORT ELLlOTr HENDRICKSON, INC. APPLlCAllON FOR PAYMENT Total Contract Amount $ . Total Amount Earned Material Suitably Stored on Site, Not Incorporated into Work Contract Change Order t'Jo. Contract Change Order Contract Change Order % Complete % Complete % Complete Amount Due to Date...................".................................... $ /Ss-; t/g-s:: ~ Less Previous Applications.............................................. $ /9' i:,.9 3 29V i Amount Due This Application.......................................... $ . /1 9 ~ 2..30 I ' jJ CONTRACTOR'S AFFIDAVIT d' ~ The undersigned Contractor hereby ears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work perfonn. d under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the Ul/ldersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) 911 materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payme~t are free and clear of all liens, claims, security interests and encumbrances. Dated 9 ~ / g - 93 I /77, if e ~acs' c?L5/??'9Za 0/lt;' .L;;c [ ; . ........"~..,...,.~--...........-1-,...,, (Contractor) ;},':(~~~n.;,a::r:: \. By: I ? ~VA'rj2 c2..." MILLE LACS COUNTY My commission expires 8. 4.96 > (Name rid itle) ._.._ ____~...,......~,...c.l C7" - - - - ..".......----~- ~ - - I County .;;-. ~ k0; I State of . - / /l~~ oto. I /J Before me on this / ('1-"1 day of ~ /'ZtL/L.t.(). , 19 R pe~~ appeared /;(;/.U//);/ XflO /V known to me, who being duly sworn, ~id depose and say that he is the ~/ d~/?I- / of the Contractor above mentioned; that he executed thEt above Application for Payment d Affidavit on be~lf~ntractor; and that all of the statements contained therein ~e true, correct and compl ' r ~ My Commission Expires i ~.- J Public) The undersigned has checked the Co tractor's Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all P~ViOUS payments to him under this Contract have been applied by him to discharge in full all of his obligations in connecti n with the work covered by all prior Applications for Payment. In accordance with the Contract, the u dersigned approves payment to the Contractor of the Amount Due. I SHO~WOTT HEN2flCKSON.1NC. Date ~ (&10 I q.J 'II By: lJJ-- (' LJ- PAGE 4 OF 4 I SHORT ELLIOTT HENDRICKSON, INC. I , Gross Amount Due.......................................................... $ /.55; tjg~ 05- Less 0 % Retainage................................................. $ - 0 - H-K'~ . - tit e e e e ,; . . "'Sat 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, Sf PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING, ENVIRONMENTAL TRANSPORTATION September 17, 1993 RE: Stillwater, Minnesota Abatement of Asbestos West Wing Junior High School SEH File No. A-STILL3342.00 Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and Council Members: The contract completion date for the above-referenced project is Friday, September 17, 1993. The Contractor has requested an extension of time of one week, until Friday, September 24, 1993. We feel the Contractor has made satisfactory progress and has made every effort to meet the original completion date. However, because of difficulty removing asbestos in certain areas and because of additional asbestos that was discovered with the partial demolition of walls, ceilings, etc., that the Contractor has had to provide, the work has increased beyond the original completion date. We feel that since the Contractor has made every effort to complete the contract within the completion date specified, and since he has completed enough of the project to allow the demolition contractor to begin building demolition on Monday, September 20th, there does not appear to be any substantial holdup of the project if the asbestos contractor is granted a one week extension. We would be pleased to review this with you at the Council Meeting on Tuesday, September 21, 1993. Sincerely, ,jj2j..J2!Mff'L- Richard E. Moore, P.E. City Engineer REM:kam c: Steve Russell, Community Development Director SHORT ELLIOTT HENDRICKSON INC ST CLOUD, MN CHIPPfWA FALLS, WI MADISON, WI MINNEAPOLIS, MN I , t . I j I f . , I . " " HEW. I nc. (!51!5) 379-2040 5153792040 P.01 H.E.W. Inc. O!rlce 515 379-2001 503 7th Street. Bode, Iowa 50519 Fax 515 379-2040 *****************~***~R~~~~.****************~**************** September 17. 1993 City of Stillwater 216 North Fourth street Stillwater, MN 55082 PROJECT: Abatement of Asbestos Containing Materials from Stillwater Ju~ior High School, We8t Campus CONTRACTOR: H.E.W., Inc. To Whom It May Concern: H.E.W., Inc. hereby officiallY requests an extension of time on the above referenced project. Reasons we are requesting an extension of t~me are as follows: 1) Additional removal of over 18,000 square feet of asbestos containing floor tile. 2) We have encountered additional asbestus containing pipe insulation concealed in walls and ceilings beyond the original scope of work. Both the floor tile and pipe lnsulation have requlred additional man hours involv1ng demolition of stages! ceilings and walls. After accessing the asbestos containing materials, additional man hours were spent containing, removing and disposing of the materials. 3) The accoustical spray applied ceillng material 1n the swimming pool area is of a highly unusual nature. It is unlike any H.E.W. J Inc. has encountered in its ten years of as~es~os abatement. It is cementatious and very difficult to remove from the concrete substrate. J I , 'j f t 4 ) I We have added .~dd}. t.'io'ilarrnai1pow'i:ji"Sut--'::n:le-t.'o'~--'-"""--~~-' training anq experience requiremen~~ labor availabilit~ is llmited. Also dUrlnq the week of 9/13 - 9/1/~/92 r.wo workers became unable to work due to an i~jury ~nd a family emerQency. Our origina I notificar.ion reflected a completion date of 9/2 /93. We anticipate CO~~leting the project and demolizlng by 9/24/93. 5 ) 6 ) We do not e pect ~o delay J & D Enterprises on the demolition f the buildings. We also request that liqu1dated damages be waived. Thank you for your time and co sideration in this mar.ter. If you have any qu~stionsor com ents please call our o!f:~e. Sincerely, I Richard S. Phi_lips Dlrector of Qperatlons BY...,.,,,,;""., -".=.-::'-'-..:-:: ,7c..c-- - - _ _ _ _ " ~ . e e e e e e RESOLUTION NO. 93-! ft Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for L.1. 289, Highlands of Stillwater, Third Addition WHEREAS, a contract has been let (costs have been determined) for the improvement of the Highlands of Stillwater, Third Addition, all according to the Plats thereof, Washington County, Minnesota and the contract price for such improvement is $155,485.65, and the expenses incurred or to be incurred in the making of such improvement amount to $47,572.52 so that the total cost of the improvement will be .$203,058.17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $ -0- and the portion of the cost be assessed against benefited property owners is declared to be $203,058.17. 2. Assessments shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable with general taxes collected in 1994, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk, with the assistance of the city engineer (consulting engineer) shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. Adopted by the council this 21st day of September, 1993. City Clerk Mayor e RESOLUTION NO. 93-;' :?~...l-. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR L.r. 289, HIGHLANDS OF STILLWATER, THIRD ADDITION WHEREAS, by a resolution passed by the council on September 21, 1993, the city clerk was directed to prepare a proposed assessment of the cost of improving that area known as The Highlands of Stillwater, Third Addition, which is located north of Orleans Street, east of County Road 5, south of Pine Tree Trail and west of Greeley Street; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in his office for public inspection. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCn. OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 12th day of October, in the city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than' two weeks prior to the hearings. e 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the city treasurer, except that no interest shall be charged if the entire assessment is paid wi thin thirty (30) days from the assessment. He may at any time thereafter, pay to the city treasu+er the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged trough December 31 of the succeeding year. Adopted by the Council the 21st day of September, 1993. City Clerk Mayor t e e e RESOLUTION NO. 93- / P ,S-- Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for L. I. 293, Highlands of Stillwater, Phase IV WHEREAS, a contract has been let (costs have been determined) for the improvement of the Highlands of Stillwater, Phase IV all according to the Plats thereof, Washington County, Minnesota and the contract price for such improvement is $304,325.40, and the expenses incurred or to be incurred in the making of such improvement amount to $91,318.94 so that the total cost of the improvement will be $395,644.34. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $ -0- and the portion of the cost be assessed against benefited property owners is declared to be $395,644.34. 2. Assessments shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable with general taxes collected in 1994, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk, with the assistance of the city engineer (consulting engineer) shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. Adopted by the council this 21st day of September, 1993. City Clerk Mayor e e e n"" RESOLUTION NO. 93-1)( 3 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT L.I. 293, HIGHLANDS OF STILLWATER, PHASE IV WHEREAS, by a resolution passed by the council on September 21, 1993, the city clerk was directed to prepare a proposed assessment of the cost of improving that area known as The Highlands of Stillwater, Phase IV, which is located south of Pine Tree Trail, west of Greeley street, north of Curve Crest Boulevard and east of County Road 5; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in his office for public inspection. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 12th day of October, in the city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the city treasurer, except that no interest shall be charged if the entire assessment is paid wi thin thirty (30) days from the assessment. He may at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged trough December 31 of the succeeding year. Adopted by the Council the 21st day of September, 1993. City Clerk Mayor -e._. LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 93-170 e Anderson, Richard Dauffenbach, Larry Klosowsky, Bruce Magler, Jeffrey Miller, Davin Peterson, Craig Roettger, David Sievert, Arthur Swanson, Douglas ABM Equipment & Supply Abrahamson Nurseries Ace Hardware American Linen Supply A T & T A T & T A T & T Beberg, Donald Biff's Inc. Bryan Rock Products Buberl Landscaping Business Equipment Brokerage Century Laboratories Clinton, Jack W. Cobb Group Croixside printing Custom Concrete Products Del's Outdoor Equipment Equipment Supply Inc. Fina oil Fire - Guard Sprinkler Geo. W. Olsen Construction Goodin Company Goodin Company Gopher State One-Call Gordon Iron & Metal Harvest States Interpoll Laboratories Johnson Controls Junker Sanitation Services Kriesel, Nile Lawson Products League Mn. Cities Insurance Lynn Peavey Company Magnuson, David M. W. C. C. Miller Excavating Mn. Cellular One North American Life North Star International O. E. 1. Inc. O'Shea, Lorin e Refund Blue Cross Refund Blue Cross R~fund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Elevator Sprocket Shredded Bark Supplies Towel Service Long Distance Calls Long Distance Calls Lease/Rental 36 Micro Cassettes Portable Rental Crushed Rock/Lime Rock Topsoil/Sod Magazine Racks Man Hole Rope Legal Services Subscription-McNamara Park Permits Storm Sewer-Second St. Repair Parts Service A/C Film Refill Extinguishers Brick 4" Wa tar Valve 2 Section Pipe Locate Requests Oxygen/Gas Grass Seed Testing Services Accounts Certified Reimburse-Cups Nuts/Bol ts/Etc. Insurance Evidence Supplies Legal Services Sewer Service Charge Storm Sewer/Water Leak Mobile Phones Insurance-Johnson 2 Batteries Computer Paper Refund-Utility Bill $ 46.06 46.06 46.06 46.06 46.06 46.06 46.06 46.06 46.06 100.17 63.90 93.56 15.50 43.40 57.73 165.84 38.15 253.04 160.27 41. 54 122.48 58.55 230.00 69.00 215.13 241. 28 108.32 127.80 3.93 16.00 400.00 178.71 147.19 58.50 50.06 24.00 86.40 812.06 2,562.12 16.78 193.03 41,541.50 86.40 8 , 23 8 . 9 6 70,195.00 2,077.86 22.66 120.00 200.43 915.72 88.35 Rigs & Squads Road R ::Seue St. Croix Animal Shelter St. Croix Office Supplies Sentry Systems Shor-Line Sorenson, Renee Stillwater Gazette Swanson, Douglas T. A. Schifsky & Son~ Thompson Hardware . Thompson Publishing ~roup Treadway Graphics I Uniforms Unlimited . U. S. West Communica~ions U. S. West communica~ions White Bear Dodge I Ziegler, Inc. ADDENDUM TO BILLS American Financial Printing American Public Worksi Assn. Bailey, Charles ! Burmaster, Russell Capi tol Communicationis Capi tol Supply Weldinlg City Business . Commissioner of Translporta tion DAC Industries I I Deblon, Diane Dept. Labor & Industr!y Dorsey & Whitney I Earl F. Andersen, Incl. Edina, City of 'I' Fred's Tire , G. F. O. A. H. E. W., Inc. Jay Bros. Junker Sanitation Labor Relations I Mille Lacs Constructi'on Moody's Investors Se vice Moore Business Forms Northern States Powe Co. Roettger, Duane Russell, Stephen St. Croix Cleaners Short Elliott Hendri kson Short Elliott Hendrickson Shorty's i Smeal Fire Equipment Springsted Stillwater Ford Treadway Graphics Volk Sewer & Water AdonteCl hv t-hl'> rnl1n("'i Dash Light 2 Strobe Lamps August Fees Supplies Monitoring Service Pole/Traps Skate Instructor Publications Reimburse-Hotel Room Asphalt Supplies Employee's Handbook Tee Shirts Uniforms Advertising Telephone Services Signal Switch Assy. Repairs-Loader Bond Printing Ad for Engineer Cement Work Janitor Services Repair Pager Nylon Washers Subscription Re-Lamp Plastic Liners Reimburse-Air Fare Boiler Inspection Legal Services-Oak Glen Brackets/Sign Blanks Municipal Banquet Tire Change CAFRON MICRO Diskette Payment No. I Storm Sewer Garbage Bags Services Final Payment Bond Ratings Billing Cards Energy Charge Refund-Billing Reimburse-Meals Laundry-Fire Engineering Engineering Laundry-Fire Hurst Cutter Bond Services Deductible DARE Supplies Payment No. 4 t-n i c ? 1 c +- r:l:::>" ",-F C.....,...,~.......hro.... 100 ") 46.86 48.99 151. 44 581.42 54.00 211.86 401.01 363.16 220.46 768.27 32.67 227.00 103.80 683.16 88.80 2,242.98 33.94 436.63 e 1,558.11 81.00 680.00 805.00 39.41 39.60 49.00 102.48 52.83 217.71 60.00 191. 25 913.96 126.00 11.00 55.00 106,833.05 11,847.50 306.25 247.50 11,962.36 5,500.00 1,160.54 5,282.79 58.71 10.00 24.92 8,131.40 47,917.42 32.80 3,040.58 36,542.62 25.00 172.83 7,929.89 e e e e e Dona 1 d McLe 11 an 113 5th Ave. No. Bayport, Mn. 55003 Petro Tank Services 1047 Raymond Ave. St. Paul, Mn. 55108 The Neon Shop 1839 Central Ave. N.E. Minneapolis, Mn. 55418 APPLICATIONS September 21, 1993 Contractor1s Licenses General Contractor Underground Storage Tank Removal Sign Erection Renewal New New e e e APPLICATION AND CERTIFICATE FOR PAYMENT AlA DOCUMENT G702 (Instructions on reverse side) PAGE ONE OF2 PAGES TO (OWNER): City of Stillwater 216 North 4th Street Stillwater, MN 55082 FROM (CONTRACTOR): H. E. W., Inc. 503 7th Street Bode, IA 50519 CONTRACT FOR: Asbestos Abatement PROJECT: Stillwater Junior High West Building 100 East pine Street Stillwater, MN 55082 VIA ~~~X): ATEC Environmental 1479 Energy Park Drive St. Paul, MN 55108 APPLICATION NO: 1 8/9/93- PERIOD TO: 9/9/93 Distribution to: XJ OWNER XJ ARCHITECT o CONTRACTOR o o ARCHITECT'S SEH File PROJECT NO: #: 93342 CONTRACT DATE: July 8, 1993 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS Approved this Month Number Date Approved 1 9/8/93 19,030.24 DEDUCTIONS TOTALS Net chan e b Chan e Orders The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. ::N~~ {Pm Date: q fR fq':! , , ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AlA Document G703, is attached. 1. ORIGINAL CONTRACT SUM. . . . . . . . . . . . . . . . . . . . . .. $ 1 1 6 ; 7 A 2 . 00 2. Net change by Change Orders ..................... $ 19 , 030 . 24 3. CONTRACT SUM TO DATE (Line 1 :t 2) .............. $ 135, 812 24 4. TOTAL COMPLETED & STORED TO DATE .. .. , .. .. ... $ 1 1 2 . 455 84 (Column G on G703) 5. RETAINAGE: S ~ 1- 2.. .7 C, a. 5- % of Completed Work $ 6,790.61 (Column D + E on G703) b. _ % of Stored Material (Column F on G703) Total Retainage (Line Sa + 5b or Total in Column I of G703) ........... . . . . . . . . .. $ 6. TOTAL EARNED LESS RETAINAGE ................... $ (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate),........ $ -~- ~ 8. CURRENT PAYMENT DUE.. .. .. .. .. .. .. .. . .. .. .. ... $ 115 ~ %~~ r 23 9. BALANCE TO FINISH, PLUS RETAINAGE.. .. .. .. .. ... $ 30 , 147 01 (Line 3 less Line 6) State of: Iowa Subscribed and sworn t MNotacry Pu~Ii~: . !.i.~ y ommlsslon expires $ -0- s ~'2.- 1.. ' I '1 -6,790.61 tOS,GG:i.2J- 00,"633 ,05 County of: Humboldt f Sept. ,1993 ~~ AMOUNT CERTIFIED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT' By: ~4~#~ ~_. Date: 7-/3 '-93 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AlA DOCUMENT G702' APPLICATION AND CERTIFICATE FOR PAYMENT. MAY 1983 EDITION' AlA' . @ 1983 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON. D,C. 20006 WARNING: Unlicensed photocopylnq violates U.S. copyrlqht laws and Is sublect to leqal prosecution, G702.1983 CONTINUATION SHEET AlA DOCUMENT C703 (Instructions on reverse side) PAGE OF PAGES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. In tabulations below, amounts arf' stated to the nearest dollar, Use Column I on Contracts where variable retainage for line items may apply. APPLICATION NUMBER: I APPLICATION DATE: 9/9/93 PERIOD TO: 9/9/93 ARCHITECT'S PROJECT NO: A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO, VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G..,.C) TO FINISH APPLICATION STORED AND STORED (C-G) (D+E) (NOT IN TO DATE D OR E) (D + E + F) 1 Bonding & Insurance $14,597. 5 -0- $11,678.2~ -0- $11,678.2( 80 $2,919.5 $729.89 ._~~.. ------ ---~-- - 2 Materials $24,524.2 -0- $19,619.38 -0- $19,619.3~ 80 $4,904.8' $1226.2 3 Labor $77,660.0 -0- $62,128.02 -0- $62,128.0. 80 $15,532.0( $3883.0( 4 Change Order #1 $19,030.2 -0- $19,030.2~ -0- $19,030.2L 951.51 $ 35,812.24 -0- ~ 112,455.8- -0- $ 12,455.84 80 $23,356.3S $6790.6 AlA OOCUMWG703. APPLICATION AND CERTIFICATE FOR PAYMENT. MAY 1983 EDITION. AIM.@.9 THE AMERIC STITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W" WASHINGTON, D,C. 2 WARNING: Unlicensed photocopying violates U, yright laws and is subject to legal prosecution, e'301983 1 -> -f. '., -e------< i1.1l (; f~ X \1 i~ 1) APPLICATION FOR PAYMENT SHORT ElL!JT1 fifrWRiCKSON, INC. (UNIT PRICE CONTRACT) _ ....____.~,_.~~-~,....~g.P-O-9 -J993--..-----,-. --''''-'''-'.N~',-=.~ .._ SL. fAUL OWNER: STILLWATER, MINNESOTA OWNER'S'PROJECT NO. ENGINEER'S PROJECT NO. L.I. 293 93253 LOCATION: STILLWATER, MINNESOTA CONTRACTOR VOLK SEWER AND WATER 8909BASS CREEK COURT BROOKLYN PARK, MINNESOTA 55428 HIGHLANDS 4TH ADD. S EP T ~ M B E R q I \ q q 3 SEPTE.M~ER q. Iqq"?) CONTRACT DATE CONTRACT AMOUNT $301.214.65 CONTA. FOR APPLlC. DATE PERIOD END. APPLICATION FOR PAYMENT CONTRACT QUANT. UNIT DESCRIPTION UNIT QUANT. TO DATE PRICE TOTAL STREETS - HIGHLANDS OF STILLWATER 4th ADD, e MOBILIZATION LS 1 2,650.00 $ 2. ~5o, 07) 2 TOPSOIL BORROW (LV) C.Y. 260 7.50 $ 3 SUBGRADE PREPARATION RD .ST A 17.2 17.2. 190.00 $ .3. Z~e. 00 4 AGGREGATE BASE, CLASS 5 (100% CRUSHED) TON 2665 7.tco4 6.50 $lfD. q'2. to.OQ 5 TYPE 41 WEARING COURSE TON 695 tctLJ(P 22.25 $ 14. '9;1'6. 50 6 TYPE 31 BINDER COURSE TON 695 1.075 20.75 $ /4. OO(P. 25 7 BIT. MATERIAL FOR TACK GAL 315 /75 1.25 $ '2.i8,'?5 8 6. CONCRETE WALK S.F, 8225 '3/1 5 1.65 $/3.33Q,75 9 0418 CONC. CURB & GUTTER LF. 3680 33'75 4.60 $/5,525,00 10 SODDING, TYPE EROSION CONTROL S.Y, 1800 1.75 $ 11 BALE CHECKS EACH 20 "3 3.50 $ iO.50 TOTAL STREET CONSTRUCTION $ 80, 'Oi'2.75 e SANITARY SEWER - HIGHLANDS OF STILLWATER 4th ADD. PAGE 1 OF 6 SHORT ELLIOTT HENDRICKSON, INC. APPLICATION FOR PAYMENT Total Contract Amount $301,214.65 --____.it L_.$283,,)94.22 --,---,...,....""',......,-.....,._."'~~~--"'"'..-..,;..-.-'-....-:-;,,:,,,.......,~,.....-.._~~,...':~' Total AmountEarned .~. , Material Suitably Stored dn Site, Not Incorporated into Work I Contract Change Order No. J % Complete 2 Contract Change Order f-/o. i Contract Change o",er1". I % Complete loo~o 1000/0 $ $ $ $ 6/55q. JT3 7. t.o '22 .Ob % Complete Gross Amount Due....................._............___.............. $ 2qq I q7 5, ~10 Less 5 % Retainage..............._.............._................. $ 14. qqB. <Jf} Amount Due to Date......................_........_._................... $28-4. q 7 &,. to '3 Less Previous Applications................................................., $ 27'7. 04liJ. 7.q. Amount Due This Application...................._...................... $ v CONTRACTOR'S AFFIDAVIT I The undersigned Contractor hereby swe~rs under penalty of perjury that (1) all previous progress payments 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 /!l1aterials and equipment incorporated in said Project or otherwise listed inor covered by this Application forPayment *e free and clear of all liens, claims, security interests and encumbrances, Dated .9/9/93........ .. i .. VOLKSEWER AND WATER I I r . (Contractor) ! By: ^~c.. 'X. 'i/'~. ?f?ESIDclvi I . (Name and TItle)' I '7/q2q.8q~~ e County of f.~. HAl Before me on this cr ik.. day of 5 i. . 1911 personally appeared !t..l-w_ ,. ry~tl known to me, who being duly sworn, did depose and say thatrhe is the [JJ.ku5L,/::' of the Contractor above mentioned; that he executed the a ove Application for Payment and Affidavit on behalf of said Contractor; and that all of the statements ~a~~~I)..~ tr!J.~9!.~ep and complete. /J /7/~. /)/ My Commission EXPI~es ';~~v:,,~ \tlo~:~:,r':DI:~/: ,~'~~,~1~TA ~ (&LY ;; .; 11, :';:.:: ~':', ~:::'!..':ry f;otary Public) ~ ;.,</.." w..y ccr;;m!~:: .:)ri eX;:;::2:: 1:J-"~- The undersigned haictlflC'KecflheCon"";- ~tt;;;S-Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previ us payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection jth the work covered by all prior Applications for Payment. State of In accordance with the Contract, the und rsigned approves payment to the Contractor of the Amount Due. ! Date 5~r /L-c/~qJ I SHO~LLlOT: H.1{'CKSO. . N.INC.. By: ~S d- (, 'J- . . e PAGE 6 OF 6 SHORT ELLIOTT HENDRICKSON, INC, ... ~~ e e e DATE: September 13, 1993 TO: Members of Stillwater City Council FROM: Victo~ian Christmas Committee, A Chamber of Commerce sponsored event Sharon Stefan, co-chair REQUEST: Use of two city streets for 2 1/2 block "Snow Flake Parade" and Use of Lowell Park Gazebo for Tree Lighting Ceremony. Steets being considered: From Mulberry-Parking Lot South on Water Street 2 blocks, Left onto Myrtle for 1/2 block to Gazebo in Lowell Park. Specifics: a. Friday, December 3, 1993 5:30 PM to 6:00 - Parade 6:00 PM - Short Ceremony b. Children and families congregate at Mulberry Parking Lot to greet Santa and Mrs. Claus arrival by horse- drawn carriage. Participants carrying flashlights, jingle bells and playing kazoos to follow sleigh to the Gazebo in Lowell Park. c. Short songfest led by Mac Barlass and lighting of the Gazebo and tree to immediately follow the arrival of the "Snow Flake Parade". Because of inclement weather, time of day and this being a new event, we do not expect a large gathering. Questions: Call Sharon Stefan, 439-5508 439-3311 .- . ,. e DATE: September 13, ~993 I TO: Members of Sti~lwater City Council I I FROM: Victorian Christmas Committee, a Chamber of Commerce sponsored event Sharon Stefan, co-chair REQUEST: i - To decorate the Lowell Park Gazebo with small white lights on natural green gar1andf, two wreaths and on a tree in the center of the gazebo. a. Committee to put up decorations November 19, 1993 and remove by January 15, 1993. b. Public Wo s Department reports that electrical hookups will be restored by early Fall. I i I e Questions: Call 439-5508 439-3311 e .' e e e DATE: September 13, 1993 TO: Members of Stillwater City Council FROM: Victorian Christmas Committee, A Chamber of Commerce sponsored event Sharon Stefan, co-chair REQUEST: Permission to have marked parking spaces for the WCCO Millstone Coffee Cruiser in Stillwater December 4th and 5th, 1993. Specifics: TIMES AND SPACES Saturday December 4th: 10:00-12:00 Isaac Staples Sawmill (North end of Main) 12:00- 3:00 Grand Garage (South end, West side of Main) 3:00- 5:00 Cottage In The Woods (Between Myrtle & Commercial, West side of Main) Sunday December 5th: 11:00- 3:00 Midtown Antiques (Middle of Main, West side, between Chestnut and Olive) 3:00- 5:00 Brick Alley (South end, East side of Main) REQUEST: Permission for Sherm Gordon and team of horses to pull wagon carrying Santa and Mrs. Claus down Main Street approximately 2:30 PM Saturday December 4th. Would like input from Police Department regarding best route and specifics. .., ~~~ Lf- 3 if - 55"D ~ '+ ? l\ - 3 3 t \ H vV e ~ e CITY OF BAYPORT 294 No. 3rd Street. BAYPORT. MINNESOTA 55003 Council Meets the First Monday of Each Month - 7:00 P,M. 612/439-2530 FAX 439-7188 September 9, 1993 Mayor Charles Hooley City of Stillwater 216 No. 4th Street Stillwater, MN 55082 Dear Mayor Hooley: On behalf of the City Council and residents of Bayport, I would like to congratulate Stillwater on the celebration of its 150th Year. The City of Bayport has always enjoyed a good working relationship with the City of Stillwater. In recognition of the two cities past cooperation efforts, the City Council of Bayport took formal action by adopting a Resolution at its meeting of September 7, 1993, honoring the City of Stillwater in recognition of its Sesquicentennial year. Congratulations on your 150th Year celebration. Sincerely yours, d?l4~ ;{~- Beverly H. Schultz, Mayor City of Bayport e. e e RESOLUTION NO. 93 - 57 EXTRACT OF THE MINUTES OF MEETING OF THE CITY COUNCIL OF CITY.' OF-BAYPORT ,H. WASHINGTON COUNTY'i~MINNESOTA:- -., HELD ON SEPTEMBER 7, 1993 Pursuant to due call and notice therefore, a regular meeting of the City Council of the City of Bayport, Minnesota was duly held at the Bayport City Hall in said municipality on the 7th day of September, 1993 at 7:00 PM. The following members were present: Councilmembers Newell, Ridgway, White, Beedle and Schultz and the following members were absent: None Member Newell introduced the following resolution and moved its adoption: RESOLUTION CITY OF BAYPORT, WASHINGTON COUNTY, MINNESOTA, RECOGNIZING AND HONORING THE CITY OF STILLWATER ON THE CELEBRATION OF ITS 150TH YEAR WHEREAS: The City of Stillwater has been celebrating its 150th Anniversary throughout 1993, and; WHEREAS: The City of Stillwater has been a very supportive sister city, and; WHEREAS: The City of Stillwater will be having the grand finale celebration for its Sesquicentennial year on the weekend of Octber 22, 23 and 24, 1993. NOW THEREFORE BE IT RESOLVED: By the City Council of the City of Bayport, Washington County, Minnesota, does hereby ordain that the City Council of the City of Bayport, Minnesota formally congratulates the City of Stillwater on its Sesquicentennial Celebration. i The motion for 4doption of the foregoing resolution was seconded by Member Ri~dgway and upon'-roll'-call-'being- taken"--" thereon, the followi g voted via voice: duly Doug Beedle - A e David White - A e Sharon Ridgw~y Aye Thereupon said ~esolution was -declared duly passed and adopted and signed b the Mayor and attested by the City Administrator. Pass d by the City Council, City of Bayport, Washington County, M nnesota at this 6th day of September, 1993. Linda Newell - Aye Beverly Schultz - Aye Attest: ~;\/~ ;everlY . Schultz, ayor / eth H. Hartun y Administrator e e e ~,~ ~ A .L~ STILLWATER AREA SCHOOLS I!u!I Effective Learning-Through Excellence in Education 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 430-8200 . V-TOO S ep t emb e r 14, 1993 RE: School District 834, City-Town-County Interag(Zncy Co-op n .1.J..-! - .. ,./' Da v e We tt erg ren. Sup e r in t enden~ .f), i:v;~'7'a."-" Interagency Co-op Meeting Notice TO: FROM: As District 834 was requested to host the first of four quarterly meetings planned for 1993-94. I would like to invite you to meet: e When: 7:00 p.m. Wednesday, October 6. 1993 Where: District 834 Central Services Building 1875 S. Greeley St The agenda for the meeting will be: 1. Status of collaborative government efforts to develop parks. 2. Redundancy in government agency transportation syst ems. 3. Future discussion topics. 4. Set next meeting date and location. DLW/je cc: School Board District 834 An Equal Opportunity Employer Board of Education ROLAND BUCHMAN SUZANNE THOMSEN SHAWN DRAPER e Chairperson Vice Chairperson Clerk LYMAN GEARY KAREN ROSE STEVE ZINNEL Director Director Director MELVA RADTKE Treasurer DAVID WETTERGREN Superintendent Sf}'. ': e e e 9'3,31 ~ illwater "~ - - ~l --- ~ THE B I R T H P LAC E OF M INN E so r A J September 24, 1993 M E M 0 TO: FROM: SUBJECT: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK SPECIAL COUNCIL MEETING, TUESDAY AFTERNOON, SEPTEMBER 28, 1993, 5:00 P.M. This memo is a reminder to Council that a Special Meeting has been scheduled for Tuesday afternoon, September 28, 1993 at 5:00 P.M. in the City Hall Council Chambers, 216 No. Fourth St., Stillwater, Minnesota to discuss the following: 1. Approval of Final Plat for Stillwater Market Place Project (SUB/93-24). 2. Review and approval of Development Agreement between City of Stillwater and SuperValu and Target. 3. Any other business Council may wish to discuss. 4. Possible adjournment to Executive Session to discuss a Labor Relations item . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 r illwater "~.......'.. -. ~ ...... ~. ...-.. . ---- r'\.. THe B I R T H P LAC e 0 F . M~N ~ ~ s' 0 ~ A- J e MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 22, 1993 SUBJECT: APPROVAL OF FINAL PLAT FOR STILLWATER MARKET PLACE PROJECT e On July 20, 1993, the City Council approved the preliminary plat for the Stillwater Market Place project. Since that time, the preliminary plans for road and utility improvements have been prepared showing the needed right-of-ways and utility easements. The final plat includes the utility easements, pond dedication Outlots A and F and park dedication Outlot F. The final subdivision plat is consistent with the preliminary plat. Recommendation: Approval. Attachment: Final Plat e CITY HALL: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 PLANNING APPLICATION REVIEW CASE NO. SUB/93-24 e i I Planning Commission Meeting: June 14, 1993 Project Location: Comprehensive Plan Zoning District: Northeast corner of County Road #5 and Highway 36. Di stri 1t: Commerci a 1 Business Park Comn~rcial and Business Park Office Applicant's Name: Target 1nd Super Type of Application: SUb1ivision. Project Description: Subdivision of a 67.84 cre site into nine lots including easements for Neal Avenue/Frontage Road, Nor h Neal Avenue and Curve Crest Blvd. Valu Discussion: The request is to subdi the lot size requirements Unit Development request ide the 67.84 acre site into nine lots. The lots meet of the district and are consistent with the Planned iPUD/93-23) . Recommendation: Approval. CONDITIONS OF APPROVAL: e 1. Any utility drain1ge or road easement be provided on the final plan. Attachment: Preliminary Plat. required by review agencies shall v e e e e TO: FROM: DATE: SUBJECT: M E M 0 MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK SEPTEMBER 24, 1993 ITEM NO. 2 ON AGENDA, DEVELOPMENT AGREEMENT FOR STILLWATER MARKET PLACE PROJECT. PLEASE BRING THE COpy OF THE DEVELOPMENT AGREEMENT FOR THE STILLWATER MARKET PLACE PROJECT YOU RECEIVED ^T THf LAST MEETING WITH YOU TO THE SPECIAL MEETING ON TUESDAY, SEPTEMBER 28, 1993. e e e M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL NILE L. KRIESEL, CITY COORDINATOR SEPTEMBER 24, 1993 PURCHASE OF SKID LOADER Tim Thomsen has asked me to request the purchase of a new skid loader. Tim believes that it would be more economical to purchase a new loader, at a cost of about $9,000 to $12,000, rather than spending over $5,000 to rehab the current loader. Further, the new loader would also be purchased from Capital Outlay Bonds rather than from current operating funds which is what the rehab costs would be paid from. I support Tim on his request and would recommend that the Council let Tim purchase the skid loader this year (1993) in lieu of the storage shed which the Council denied. c A~ e e e "'lII SEP 24 '93 11:17 OAK PARK HEIGHTS P.U1 AGENDA CITY OF OAK PARK HEIGHTS MONDAY, SEPTEMBER 27, 1993 -- 6:15 P.M. 6: 15 P.M. AGENDA I. Staff Reports 7:00 P.M. AGENDA I. Call to Order Post.lt'" brand fax transmittal memo 7~' To F II. visitors Co. III. Departmental Reports Schaaf - Utilities Kern - Streets Se99'elke .... Parks Doerr - Administration Building Inspector O'Neal - Police Cable Update Consolidation Update Water Management Update Phone # Dept. Fax# Fad IV. Old Business Hall Project - (Approx $3,000 Contingency Fund) Bus Service Agreement ADA Bathroom Construction First Trust - Cash Sweep Investment Locomotive Noise Ordinance Financial Plan from Bob Voto for Street Reconstruction Project v. New Business Perro Creek Funds Tautges, Redpath & Co. Agreement RFP Approval - Seal Coat Project NSP Request VI. Correspondence Presented Valley Branch Watershed District - X 3 Metro Airports Commission DNR MN Dept. of Employee Relations NSP League of MN Cities Oak Ridge Place Valley Branch watershed District City Attorney - CBSA SEP-28-'93 TUE 10:56 ID:MAIL BOX CENTER TEL NO:703-560-1938 1=1442 P02 LEGISLATIVE ASSOCIATES, INC. e ItDNNBBOTA OFnC& p.o. Box 2181 8taluater. JIN 53032 4612) 489-7681 Fa:1c (812) .f.3O.,9361 WASHDlIO'J'ON OFFIC1t: 7Q:)O ~ Cout't Armandq~. VA 22100S '1(3) 1J8O.'1129 Jl'az (10fJ) 8804632 September 28, 1993 To: Mayor and Council Members Cay of StillW~ p.. From: Ed Cain, LA~ Billing for Services, September 11 - September 21, 1993. e .-...... Description of Servlce~ R~ndared: Services included meetings with each of the 13 members or staff serving on the Energy and Water Resources Subcommittee on Appropriations to provide information to them on the status of the levee deterioration, the impact of the flooding this Spring and Summer, and the necessity for Immediate action. Since no Minnesota Senators serve on the Committee. it was necessary to find a Member(s) who would look after our interests in the appropriation bill. Senator Mitch McConnefl from Kentucky agreed to carry out this function on our behalf. Also, this lime period included numerous meetings with Senators Durenberger and his staff. There was a transition at this time since Rolf Lund, who had been working with us, left the Durenberger staff. Fortunately I Pat Eveland (formerly AA for Congressman Frenzef, and a long.time friend) took over the work Rolf had been doing. She, as legislative Director for the Senator, was Rolf's immediate supervisor, and got up-to.date on the project very quickly and effectively. Not much time was spent with luci Mondale, staff for WeUstone. We agreed that Senator Wetlstone's contact should be limited to support, and let Senator Durenberger work with the Chairman. The work resulted in the appropriation of the $2.4 million we requested in the Subcommittee mark-up, over the objection of the Corps of Engineers, but did not Include the language that would keep the Corps from Initiating a -study" of the project. e 36 hours @ $100 Expenses included ground transportation, printing, OPy~rials' FAX, postage, and telephone. , · T otai Costs / . ~ ' Edwin E. Cain for LAI $ 3,600.00 $ 83.M} $ 3.~.40