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HomeMy WebLinkAbout1988-11-15 CC Packet /u. Ly REGULAR MEETING CALL TO ORDER INVOCATION AGENDA STILLWATER CITY COUNCIL November 15, 1988 7:00 P.M. .' ROLL CALL ~PPROVAL OF MINUTES - Special Meeting, October 24, 1988 vfINDIVIDUALS, DELEGATIONS & COMMENDATIONS . 1.. Scott Renne, Washington County Assessor's Office - Update on new Tax Laws. L David Paradeau - Minnesota Zephyr. S AFF REPORTS / Public Safety ~. . Comm.Dev.Director Parks & Recreation ~Fire Chief ~. City Attorney (/-2. Finance ~ Public Works ~. .~ 0'0. Consulting Engineer 9. City Clerk . ~lIC HEARINGS 1. This is the day and time for a Public Hearing on an application for an Off-Sale Liquor License for a liquor store facility proposed to be located at 1971 So. Greeley St., Raymond W. Kirchner, Applicant. Notice of the hearing was published in the Stillwater Gazette on ~ November 7, 1988. ~. This is the day and time for a Public Hearing on an application for a transfer of an On-Sale Liquor License for the J.W. Harbor, Inc. bar & restaurant located at 517 No. Owens St., Jerry J. Burnett, Applicant. Notice of the hearing was published in the Stillwater Gazette on November 14, 1988. City Coordi nator YNFINISHED BUSINESS ~1. Access to Grandquist V;. Update - IncSTAR. ~. property. Resolution adopting Affirmative Action Policy. Aw BUS INESS v1'ETITIONS, INDIVIDUALS & DELEGATIONS (Continued) ~ONSENT AGENDA 1. Directing Payment of Bills (Resolution No. 7989) 2. Applications (List to be supplied at Meeting). . 1 S. Set Public Hearing Date pf December 6, 1988 for the following Planning Cases: a. Case No. SUP /88-68 - Speci al Use Permit request for 308 car parking lot in the Single Fa~ily Residential R-A Dist. located east of Washington Co. GOVlt~ Center between Panama & Paris Aves. b. Case No. SUB/88-69 - Preliminary & Final Plat Approval for 20 lot Subdivision request ocated on both sides of Pine Tree Trail & south of Pine St., (Benson's Add.) previously developed in the Single-Family Residential R-A Dist., Estate of Gilbert Benson, owner. . c. I Case No. PUD/88-71 -I Final PUD Approval of a three-story addition to existing Washington Co. Gov1t. Center located at 14900 No. 61st St. in Single-Family Residelntial R-A, PUD Dist.,. Washington Co., Applicant. REQUEST ITEMS ~UNCIL STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT . . 2 . . . SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES October 24, 1988 7:00 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel Comm. Dev. Director Russell City Attorney Magnuson Consulting Engineer Moor-e Recording Secretary Schaubach Others: Press: George Parker, Jerry Fontaine Lee Ostrom, Stillwater Gazette, Julie Kink, st. Croix Valley Press PUBLIC HEARING 1. This is the day and time for the Public Hearing on consideration of the Downtown Plan amending the City Comprehensive Plan. Notice of the hearing was published in the Stillwater Gazette on October 13, 1988. George Parker, Chairman of the Downtown Plan Steering Committee summarized background information and goals and objectives of the Committee, resulting in the final Plan now being presented for approval. Jerry Fontaine, Chairman of the Planning Commission, informed the Council that the Planning Commission has reviewed and unanimously voted for approval of the Plan. Community Development Director Russell presented a slide summary of downtown Stillwater and areas to be affected by the Plan. Mayor Abrahamson asked for audience comments or questions. Mr. D. J. Sullivan, representing the Olykoeck Senior Citizens group, stated that he believes the plan has grown beyond its original purpose. He also questioned financing for the plan; and why construction downtown is being encouraged versus construction in the Industrial Park area. Mr. two his some Fred Brass, owner of the Village Shop downtown, shared concerns with Council. He would be unable to enlarge business under the Plan; and the Plan includes taking of his property that he is currently using for parking. 1 stillwater City Council Minutes Special Meeting October 24, 1988 . Jim Huntsman, 415 S. property is in~luded responded that this Recommendation umber Steering Committe. 4th st., expressed concern that his in rezoning plans. Mr. Parker inconsistency has been corrected in Two, made by the Downtown Plan The owner of the property at 501 N. Main st. stated that his property is th only area designated as not to be sub- divided, and he ould like to see that designation changed. Clayton Patters n addressed the problem of tourism versus the local custom r downtown. Mr. R. Dolan Burlington Nor proposed zoning would prefer tha the zoning desig f Glacier Park Company, a subsidiary of hern, expressed concern regarding the f BN property as Parks and Open Spaces. He the property be developed, and asked that ation be changed to allow development. Richard Kilty, 18 West Oak, stated that the plan fails to answer the needsiof the City. There is no specific'proposal for relocating t~e railroad, and no specific recommendation for alleviating!the parking problem. He believes the sewer . and water main pioblems are the immediate concerns, and they are not addresse4. - i I Ed Stuart, own4r of Kolliner's downtown, asked that the Council give setious consideration to the Plan, and stated that a Plan for 1owntown is very important. ! John Jewell, 4151s. William, asked if the Plan represented a unanimous decisi~n of the Committee. Mr. Parker responded that the Plan i$cludes what the majority of the Committee felt was importait. Jack Evert, 550ls. Grove, stated that he feels there will never be 100 p,rcent support for a project, but that the City should gai~ as much support 'as possible for the Plan, and move ahead. ! i A downtown bus~ness owner addressed her concern with the parking meters owntown, and stated that she feels there should be no pa,king meters. Mr. Parker stated that the Committee is divtded on this issue. Bob Weiser, ownet of the Stillwater Bakery and member of the Downtown Plan St~ering Committee, stated that the Plan gives Stillwater a f~cal point to grow upon. He stated that if parking meters tere increased to 25 cents per hour, they 4It would generate erOUgh income to pay for one parking ramp. 2 . . . stillwater City Council Minutes Special Meeting October 24, 1988 Guy Dilts asked that the City Council take caution in implementing the Plan, and take it one step at a time. He also stated that the sewer problem should take priority. Mayor Abrahamson closed the Public Hearing and asked the Councilmembers for their comments. Councilmember Bodlovick stated that she does not agree with the total concept of the Plan, but that the downtown sewers are her main concern. Councilmember Farrell stated that this is the first funded plan for downtown. He also stated that he does not believe the Plan has strayed beyond its original intent. Councilmember Kimble stated that the TIF district was designed in order to fund revitalization of downtown. He stated that the downtown will become more 'diverse, and will be improved not only for tourists, but for local trade as well.. Councilmember Opheim stated that development will not go forward until the TIF funds are available, and that it is not her intention that any development will be paid for by General Obligation funds. Mayor Abrahamson stated that his priorities are parking and sewer repair. Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate Resolution adopting the Downtown Plan as an amendment to the City Comprehensive Plan. (Resolution No. 7986) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None Motion by Councilmember Kimble, seconded by Councilmember Farrell to initiate zoning amendments by referring zoning changes to the Planning Commission ~or Public Hearings. (Ayes- 3; Nays - 2, Councilmember Bodlovick and Mayor Abrahamson) Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to solicit public interest in the Downtown Plan Action committee and Downtown Design Review Committee. (All in favor) OTHER BUSINESS Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate Resolution employing Diane Blazek as City Finance Director with annual salary of $38,000. (Resolution No. 7987) 3 stillwater City Counci Minutes Special Meeting October 24, 1988 . I Ayes - Councilmembers ~Odlovick, Mayor Abrahamsor Nays - None I ! Farrell, Kimble, Opheim, and ADJOURNMENT Motion by Councilmemb r Farrell, seconded by Councilmember Kimble to adjourn the meetin at 9:35 p.m. (All in favor) Resolutions No. 7986 No. 7987 I - Adopting tge Downtown Plan - Employing I lane Blazek as City I Finance Director MAYOR Submitted by i I I CITIf CLERK I I ! . ATTEST: Shelly Schaubach Recording Secretary . 4 ,,-, s---~. <l . . November 9, 1988 The Honorable Wally Abrahamson 216 N. 4th Street Stillwater City Hall Stillwater, MN 55082 Dear Mayor Abrahamson and City Council Members: Due to the unfortunate delays in securing a Deed and/or Title for the property at 601 North Main from the Minnesota Department of Transportation, the Minnesota Zephyr Ltd. is requesting that the City Council grant permission to add the monthly lease payments of Nine Hundred Dollars ($900.00) to the negotiated purchase price of the property. I would be remiss if I did not make the City Council aware of the reasons why we are asking for financial assistance: 1. The inability to build a depot-museum and provide an attractive facility for the Zephyr's guests, as well as decent permanent facilities for our staff. 2. The loss of revenue because we could not provide an area to merchandise railroad and the Zephyr's premium/specialty items. 3. The costly relocation of a prep kitchen on two separate occasions, estimated cost of kitchen set-up IDld labor costs exceeds $10,000.00 4. Prematurly spending nearly $16,000.00 on equipment from operating cash to set-up kitchen facilities. S. Excessive operational costs such as: a. Convenience; vehicle costs, etc. b. Breakage of dishes and glassware in transit, estimated at $6,000.00 (for replacement). c. Additional labor costs (employees) and labor hours. I want to make it absolutely clear that I am not putting fault or blame on anyone for the unfortunate delays in this matter. I only intend to advise the City Counci 1 that we have had difficulty in maintaining continuity, maximizing revenues, and efficiently operating a business. I am available to meet personally with the Council to present details or to answer any questions at your earliest convenience. ~fQfQ ,0 ~~. cc: NOl K 0 spl 1 ~Ol-NbRW MAIN, P.O. BOX 573, STILLWATER, MINNESOTA 55082 / 612-430-3000 PS.9136.04 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION ST. PAUL, MN 55101 (612) 296-6430 APPLlCA TION FOR OFF SALE INTOXICATING LIQUOR LICENSE 11- I 6- - ~' 'il . EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant's Name (Individual, Corporation. Partnership) Trade Name or DBA Raymond W. Kirchner R & R Liquors License Location (Street Address/Lot & Block No,) license Period Applicant's Home Phone 1971 Greeley Street From 1/1189 To 12/31/8q (612 ) 439-9195 Municipality County State Zip Code Stillwater Washington Minnesota 55082 Name of Store Manager Business Phone Number Date of Birth (Individual Applicant) Raymond J. Kirchner 612-439-3900 If a corporation, state name, date of birth, address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each partner. Partner/Officer D.O.B. Address City Title/Shares Ravmond W. Kirchner ~. 1605 Linson ,Circle Stillwater 50% Partner PartnefiOfficer D.O.B. Address City Title/Shares Partner/Officer D.O.B. Address City Title/Shares , . 1. If a corporation, date of incorporation N/ A , state incorporated in N/ A amount of authorized capitalization N/ A , amount of paid in capital N / A ,if a subsidiary of any other corporation, so state N/ A give purpose of corporation if incorporated under the laws of another state, is corporation authorized to do business in the State of Minnesota? N/ A . Number of certificate of authority N/ A " 2. Describe premises to which ,license applies; such as (first floor, second floor, basement, etc.) 1st floor of 1971 Greeley Street or if entire building, so state xxx 3. If operating under a zoning ordinance, how is the location of the building classified? 4. Is establishment located near any state university, state hospital, training school, reformatory or prison? Yes , state approximate distance 1 1/2 miles from prison. 5. State name and address of owner of building Greeley Square Partners, 5691 Geneva Ave. N. , Oakda1e, MN 55109 has owner of building any connection, directly or indirectly, with applicant? No 6. State whether applicant, or any of the associated in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so give date and details None ? . , . 7. Has the applicant, or any of the associated in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of sl:lch laws or loc,al ordinances; if so , give date and details None . 8. State whether applicant, or any of the associates in this application, and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if so, give date and details None 9. Is applicant, or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? 'No . If so in what capacity FOR OFFICE USE ONLY Mailing Address (If other than Licensing Authority) Transaction Type CCork thUS ..d""'~' D"le Approved VioldlllJllS Ap...HO.....:d ...._._ B .._____._.__ _ C H , . "'y./(,'. 263 - Application for "ON SALE" License for Int~xicating Liquor. BUSINESS RECORDS CORPORATION. MINNESOTA "ON SALE" . ~tate of :minnesota, l COUNT Y OF..())I1..5A.JJ.Jyt:tJAJ......................j .ll U.Y ICI P.4.LIT Y OF.....S.TI.I!c.d.l4.T.~.?......................... 1'0 THE GOVER.:YING BODY OF THE ,1.BOVE -"'{,I,lIED ,lfUNICIP,4.LITY; Pnrsuant to Chapter 46 of the laws of .1Ii7171esota, Special Session of NJ88-.I;...."".. ."J~~-&.~"rtm.J"W .I-MR ba gI,{/Co hereby applrf0..for a license, fo7' the term from the...".j;t..l~~........ "....day ol......A.J.O.ue.M..p~1C" . ...1988., to sell intoxicating liquors as define(l by l.aw at retail only fo7' constt,mption; "ON THE PRE"lIISES" described as follou's; . .... ....... 7Ji..e llat<.ho {2..... ......... ... . .. .' . . . . .....:..........5../..7......AJ.(.....{!)W..g.N.~.......S:r........... ................ ..St.II!v.JltreJZ..............in said 7nunicipality, on which premises............................control.5..... and operate a .......Pft.:g,......1.!Y.J......R.l?~..TJ:t.!l.K!lJJ..T...:;............................ ...; and to that end hereby represent..... and state............; That said municipality is a... .............C...I...r.Y.. ....... LN... ....r.b.-e......c.fJ. utJ T f.......O'.+. ....Wn.S. .If.I,!J''7..rtJ.N ...................................................................................................".................... ..........................................................which has a poptdation of """"""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..................andll'hich does 7Wt nw.intai.n an e.l:clusive liquor store; That said......j .,....llJ...,..../!aR.b.()..r<.... .......... .... ......... ....,is an estabUsJl1nent having a. resident proprietor and manager and the following equip71tent and facilities"".............." . ........... ........... ...................tJ.Q.Y1p.l't;.t..c:.....lo..'?!...J"PICe..;PQ.,(/(frTlO"tJ..../JAJ..c!...'i.e..1Z..VLlly.. A;-r u //7.. -., -e. ,\J+ . ................ .....4.S.......lY.t...l.I.J4::.s........kij.o...rf...l<,......c/..'.,5/?''f!!.LJ!';,/:!1.........g..r.?,.....&..A!...:!l..(.T~. (!(J,(J S (j I>J n.<;J..J-l .........................................................................................v.......................' That said applicant......../S.....4...........citizen.........of the United States,......................../S.............over twenty-one years of age,...............I.5...'............of good moral character and repute,.................H.IJ:.J............not, since the enactment of the act above specified, been convicted of any wilful violation of any law of the United States, or of the Sta.te of Minnesota, or of any local ordinance, with regard to the manufactu,re, sale, distribution, or .. possession for distribution or sale, of intoxicating liqnors, and that 7W license issued to...........'/..$....................... under said act has ever been revoked; l'hat no manufacturer or wholesaler will own or control, or has any financial interest in, the business of selling intoxicating liquors at retail on said premises, nor power to exact or require, by con- tract, unclerstanding or otherwise, said applicant...... "..to handle or sell only the products of such manu- factnrer or wholesaler; That no other retailer's license has been issued, directly or indirectly, to said applicant............or for said premises; that no license of a class other than hereby applied for has been issued to any person at said premises; and that said premises are neither oU'71erl 01' controlled by any person to whom no license cozd cl be issued; That said premises are not within any area, u'ithin which the sale of intoxicating liquors is pro- llibif;aZ by the laws of the State of .Minnesota, the provisions of any charter, ordinance or special law, 01" through zoning ordinances, procee(Ungs or legal process regularly held for that purpose; That said applicc~ntl./.l.dl.hereby agree...r:u...that any license granted pursuant hereto shall be non- transferable without consent of the authority issuing the same; that said license shall 7Wt be effective until a per7llU shall be issued under the laws of the United States in case such permit is required under said, laws; anel that........"^-!.C....................will keep said license posted in a conspicuous place in said premises: That this application is made pursnant and snbject'to aU the laws of Minnesota, the laws of the Cnite(l States, the ordinances and regulations of said municipality, and the regulations of the Liquor C01ltrol Cornnuissionel' of .Minnesota, relating to the 8(/le anel places of sa.le of intoxicating liquors, all of which arc hereby made a part hereof, and which.......uJ,..<4..............." hereby agree.L......to observe and obey. .J . )., oJ . . . EXHIBIT "A" Under penalty of perjury, appears below certifies that: each person whose signature ~~~(~~t~7f (if ind~vidual) 1. Full name of applicant 2. Birthdate of applicant 3. If B. Corporation: A. Date of Incorporation: List officers and titles --J <;LA. ~ ...I 0 Se pit t3 (J r<. N e rr- PRe_ (' / List dire ors 4J(IIIIlV\ h1J4.JJe-IS 8(,fZ.N(..I/ -S"ec ~ '~"'/.4- List stockholders C; 4'LA 1;-- r-J S rl- ",..... . .", c. D. 4. List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made, and/descr~be their interest in detail I J ) I /_1 II ~ I- 8 (I f? III e Tr --- .r;. J I'f V C ( 14 L /0000 110 u... sr f-J S- Tt II <J,,) 47C,e 1-1 JJ B. Assumed or Trade Names, if any ~/~ A. Addresses: C. Business telephone number D. Home telephone numbers 5. Has any person named in the application ever been convicted of a felony? If the answer is yes, set forth the offense, date and county of conviction. AJo 6. licensed that the in the licensee and laws. Applicant agrees that any manager employed premises will have all qualifications of a manager will not violate any city or state (IN! MI ;J~",,~/:7r I / Dated: j)~u L , 19f& Subscribed~d Sworn t9)before me this $-_ day of /f./~, 19~kA?L Notary Publ~c "';:;";;~" ROGER A. PETERSON ......' ..... !~ ..!),'~h NCT/I,RY PUCLiC - MINNESOTA ~.~~~l'1\i',1~"l-lIl\!;.'-'01\~ COUNTY J '.." i} '\" ......~.,.. . ~. . J ..~....., My Commission Expires D~c. :.30. 1992 ~~Hn+Ir~f/,~HtH LAW OFFICES OF . ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE..J. ECKBERG ..JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK ..J. VIERLING VICKI L. GIFFORD GREGORY G. GALLER (612) 439-2878 FAX (612) 439-2923 November 15, 1988 Mr. Wallace Abrahamson, Mayor Ms. Ann Bodlovick, Councilwoman Mr. Tom Farrell, Councilman Mr. J.B. Kimble, Councilman Ms. Roberta Opheim, Councilwoman Mr. Nile L. Kriesel, Coordinator Stillwater City Hall 216 North 4th Street Stillwater, Minnesota 55082 Re: Donald Granquist Property -\West Shore Lake McKusick Washington Co. Tax Parcels 9029-3000, 9029-3050, 9029-3200 Dear Mayor, City Council arid Coordinator: . Late last week we received a copy of Mr. Kriesel's memorandum to the council as it affects his conversations with Mr. Johnson. Although we are pleased that Mr. Johnson is at least beginning to discuss aspects of conveying land to the city upon which the road could be built to service the Granquist and Balogh properties, we find that we are in need of additional time to evaluate that proposal, particularly as it relates to engineering aspects as well as costs. Consequently, I am asking the council to continue this matter over to your next council meeting at which time I would hope to have it back on the agenda for discussion purposes. In the meantime, I will keep in contact with Mr. Kriesel and the city staff as it may impact our need for additional data or information which would assist us in evaluating the most recent proposal. The proposal itself may not be acceptable in total, but I believe it may form the basis to continue discussions between the affected parties and come up with a solution which would hopefully satisfy all parties involved in addition to the city. . MJV:bs cc: Donald Granquist Your:~-/ery truly, /.b'~w{l[u~ ~ A~ ~rk J. Vierling ()U .. , . . . II-IS-~ is r illwater ~ - -~ T H ::-1 R T H P LAC E 0 F M INN E SOT A ~ TO: FR: DA: RE: Mayor and City Council City Coordinator November 8, 1988 ACCESS TO GRANDQUIST PROPERTY I met with David S. Johnson, Oak Glen Development Corporation, on Friday, November 4, 1988 to discuss the acquisition of the access to the Grandquist property. Mr. Johnson has agreed in principle to provide access to the property if the street is constructed as shown on the attached sketch for proposed road location dated June 12, 1987 and prepaid by Barry Stack for the Grandquist's and if the following conditions are met: 1. Purchase price of property would be $5,000; 2. Lot 23 adjacent to proposed new street would remain a buildable lot and that one buildable lot' would be created out- of the access property (remnant parcel). Mr. Johnson is concerned that Lot 23 and the remnant parcel would become substandard because of inadequate sideyard setbacks' created by the new street (i.e., the setbacks on both lots would remain the same as if no access was granted). Mr. Johnson would ask the City to consider the possibilities of a narrower street section; 3. No assessments would be levied against Lot 23 and the remnant parcel for improvements associated with the Grandquist (and/or Balogh) development; 4. The development be limited to three to four single family lots on the Grandquist property and three to four single family lots on the Balogh property as presently proposed on the preliminary plans prepared by Grandquist; and 5. Transfer of title would be made upon final City Council approval of development plans including final design and plat layout of streets and utilities. Although I have discussed this matter with Jim Blichfeldt, a relative of the Balogh's who has represented the Balogh's in the past, it remains to be seen what development plans the Balogh's have and more importantly does the Grandquist plan assure access to the Balogh property? This could be a problem if the Balogh's are not interested in developing their property at this time. On the other hand, the subdivision process would allow the Balogh's to formally respond to any plans submitted to the City. It would appear that Mr. Grandquist could start that process if the conditions set forth above are acceptable to all parties. ~ -;?/0t CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 , ~F 4 - @j ~ . ~\j ~~ \(~ ~ ~ \ \...; ~ ~ wI!- \ <\ ~ ~ ~ ~~ ~/ IJ\ l:' :-('':: -'. COOF:D I "'{HES SCALE 1"= 1: 600 ROTATION 0 AT POINT 47 F.:IGHT 6 DOl;JN 2 IN FEET r ---- . ----... ~'-:'-- OVc:;e/tLL it) T /) ec7J == 2~1 5"90f o~~ . --E-4Gj. ~'" ~. ~/~: o/(fY rry () '. '. " ", .... .~ .... " . ..;. q. . . . J~' /lPFerf., . t..t.l.c.. ~;:; H.P, . ~ -- ~ '~ \~' Sketch preoared for Don Grangu~ c/o Mark Vierling, Atty., 1815 Nort~western Avenue, Stillwater, Minn., 55C82 S~etch pr~o~re~ b~: ~r-~~": ~ ........; ":",,..,.:.t:i,..,_ Q(1Qr ~:" ~~;~t: 'C".::l"~ SKETCH FOR PROPOSED ROAD LOCATION INTO GRANQUIST PROPERTY \ \ \, . .. ." - - - -. _.-;'-~;t?~~b:~~~T.;f:r;.: >~'~~2~~Jt'v" " .-. .. 70 . . ;~:i~2:'-?~::::,~':~, <.. ,. -.., ..... .~~..~ .- .'-".?,.....,.. 1"'- .,'"-~.,-';... ---~~__. .;.5~.:.. .~; .~.~~~~;... :. ~ _.. .:__ - - .._0 . 4~_ _ ~~.~.-.~~ ;.00 . G. 'AHt(~/_~T .. ..~~:~8t: ~~;;~:~~t;-:~} . -::..-~;::~:...~t__".'~~:'-- - .--.- --, . '. ...-.... - -. ", ~.. ~~ . .Le",- ..... ,': .. ,..",.,. . -g~i,~:~':~':E~&; "~;:~T;;:~ \ / . . ... \ , - - ./ . , t I, I t I / ;. 1.:\ / / ./ $. Z';' ...1 zs' .. ~ I ~I 'I ~l \ \ ,. .. ,..... -. J . . . LAW OffiCES Of ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING 183!5 NORTHWESTERN AVENUE STIL.L.WATER. MINNESOTA !55082 L. YL.E.J. ECKBERG .JAMES f. L.AMMERS ROBERT G. BRIGGS PAUL. A. WOL.ff MARK .J. VIERL.ING VICKI L.. GiffORD GREGORY G. GAL.L.ER (612) 439-2878 fAX (612) 439-2923 October 26, 1988 Mr. Wallace Abrahamson, Mayor Ms. Ann Bodlovick, Councilwoman Mr. Tom Farrell, Councilman Mr. J.B. Kimble, Councilman Ms. Roberta Opheim, Councilwoman Stillwater City Hall 216 North 4th street Stillwater, Minnesota 55082 Re: Donald Granquist property - West Shore Lake McKusick Washington Co. Tax Parcels 9029-3000, 9029-3050, 9029-3200 Dear Mayor and Councilmembers: As you will- recall, in the summer of 1987 f'lr. Granquist petitioned the city council to condemn land to provide access to the Granquist property which is described above. The condemnation would require the acquisition of a relatively small strip of land owned by Oak Glen Development Corporation as was shown by the maps and drawings that were provided at that time. At your July 7, 1987 meeting, the council voted to negotiate with Oak Glen Development and David Johnson to purchase, or acquire by condemnation, property to construct a street access to serve the property owned by Oak Glen Corpora- tion, the Granquist family, and Mr. N. Balogh, providing further that the Granquist family would pay the cost of the condemnation, should condemnation be required. Since that time, it is my understanding that there has been no progress in the efforts to obtain that access from Oak Glen Development Corporation and, consequently, Mr. Donald Granquist who is now succeeded to the entire interest of the Granquist family parcel described above is requesting the council instruct staff to proceed ahead with the condemnation so that this land can obtain access pursuant to the plan that was provtded by Mr. Granquist and which was approved by the council, a copy of which I annex as an exhibit to this letter. # ( J ~, ~ . . . Mayor and City Councilmembers October 26, 1988 Page 2 At your November 15, 1988 meeting I will be appearing on behalf of Mr. Granquist to discuss this matter again with you. I understand Oak Glen Development Corporation may be approaching the City Council in the next few weeks or months as it affects other matters and this may again provide an opportunity to discuss this matter with them prior to formal condemnation proceedings going forward. However, it is Mr. Granquist's firm desire that this matter proceed so that he be in a position to pursue development of the property in 1989. MJV:bs cc: Donald F. Granquist Thank you for your attention ~~ ...' . . ". . Stillwater City Council Minutes Recessed Meeting July 7, 1987 1. Consideration of Grandquist request for condemnation of land for street acces s . Mr. Russell presented a summary of the proposal with the various alternatives. Mark Vierling was present to represent the Grandquists. Discussion followed regarding the various plans, which included grading, cost of public improvements and the suggestion of sharing a private driveway with the Balogh's. It was stated David Johnson is not in favor of a private driveway to serve the lots. The Grandquists will pay the condemnation costs if necessary. Jim Blichfeldt was present to represent his sister and stated they would like the most. economical plan and larger lots. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to negotiate with David Johnson to purchase or acquire, by condemnation, property to construct street access to serve property owned by Oak Glen Corp., the Grandquist family, and N. Balogh, provided the Grandquist family pays costs of condemnation. (All in favor) NEW BUSINESS 1. Request from Stillwater Area Economic Development Committee for Star . Cities Designation. Andy Cass, representing the above mentioned committee, cla~ified the make up of the committee, stating it includes nine communities in the area and the school district. He stated they formed to help communities attract business and he then reviewed the Star Cities designation and what it means. Council briefly discussed the above. Sally Everett briefly explained the County1s involvement in promoting business in the community. Motion by Councilmember Farrell, seconded by Councilmember Opheim to table the request of the Stillwater Area Economic Development Committee for Star Cities Designation until review by the City Attorney. (All in favor) UNFINISHED BUSINESS (Continued) 2. Second reading of Ordinance No. 658, Annexing Certain Lands to the City of Stillwater (Anez and Tuenge property). Motion by Councilmember Farrell, seconded by Councilmember Opheim for a second reading and approval of Ordinance No. 658, Annexing Certain Lands to the City of Still water. Ayes - Councilmembers Bodlovick, Farrell, Opheim, and Mayor Abrahamson. Nays - None 6 . . . . / r... I!>- - 'i 'l ~Hw~te~ THE BIRTHPLACE OF MINNESOTA ~ TO: Mayor and City Council FR: City Coordinator DA: November 4, 1988 RE: ADOPTION OF' CITY'S AFFIRMATIVE ACTION POLICY Accompanying this memo are: 1. Letter and Certificate of Compliance from Minnesota Department of Human Services; 2. Resolution adopting an Affirmative Action Program; 3. Updated cover page; and 4. Corrected page 2 which names the Mayor as the individual to receive and review reports on the progress of the program (rather than the City Coordinator who is responsbile for preparing the reports~ I would recommend adoption of the program. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ~~f.;ai -,((;?~r~',~~ ~ ~';~i~f~}9?7 October 27, 1988 ~ M/ftJ1esotc1 Defc1rtlJ1eJ1t of HlIlJ1c1J1 R.//!ltts Nile L. Kriesel EEO Manager/City Coordinator City of Stillwater City Hall, 216 North Fourth Stillwater, Minnesota 55082 Dear Mr. Kriesel: . Your Affirmative Action Plan submitted to this Department has been reviewed and approved by the Commissioner. The review of your organization's equal employment opportunity policies and practices meets the minimum compliance requirements of Minnesota Rules 5000.3400 to 5000.3600. Attached are a list of deficiencies currently found in your plan that must be corrected in your annual plan update to fully meet the requirements of Minnesota rules. This determination does not preclude a subsequent finding of noncompliance should your organization deviate substantially from the commitments set forth in your plan. The enqlosed Certificate of Compliance is valid for a period of two years. The Department of Human Rights assumes no responsibility when the certificate expires. Also enclosed are the required semiannual reports to be completed and submitted six months from this date and every six months during this certification period. It is your obligation to submit the appropriate reports and to notify us of any address or status changes of your organization. If you have any questions contact Melanie Miles at 297-1687. Sincerely, tJ~ ~ ~"'" Wendy Adler Robinson Contract Compliance Supervisor WAR/cs Enclosures: Certificate of Compliance Semiannual Report Forms Checklist . DHRCC-3.a ~ ~ .... AN EQUAL OpcORTUNITY EMPLOYER ~. ~CS 500 Bremer Tower, 7th Place and Minnesota Street, SI. Paul, Minnesota 55101 (612) 296-5663 or (800) 652-9747 ~~ ~ ~ ~ ] ~ ~ -E e t-ti ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ I.~ ~ ~ ~ ~ ~. .C;) 'N ~ .Q ~ ~ .g ~ ~ ~ ~ l- ~ ~'j~ g-:E ,t ~ f :1 ~ .~ ~ ~" a .~ Sl~ ~ ~ .S ~) "S ~ J I ~J ;g ~ .~ ~ .a ~ ~ 'N ~ ~ ~.B ~ .:: ;:! 1:: .~ .~ ~ ~ ~ i ~ ~ ~-~.~ j ~ ~ 8 ~) ~ .~ $: C;) VJ ~ ~ ~ .:Q c-i ~ ~ i-.: -8 ~ ~ ~ ~ .~\ ~ ~ ~ ~ .9 ~ E ~ .~ ;::! (:l !:: v, B E ~ .~ ~ ~ a ] ~ ~ ~ . . ~ ~ ... cu c: o '0; VI 'E E o (J \.0 . RESOLUTION NO. RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM WHEREAS, the Stillwater City Council acknowledges that equal opportunity employment for all persons is a fundamental human value; and WHEREAS, the City of Stillwater does promote and encourage full realization of human rights within City employment; and WHEREAS, the State of Minnesota, declares that artificial barriers to employment, pursuant to M.S. 363.03, are unfair discriminatory practices; and WHEREAS, under the Minnesota Human Rights Act, Section 363.073, businesses or firms which (a) have more than 20 full-time employees in Minnesota at any time during the previous 12 months, and (b) bid on state contract for goods or services in excess of $50,000 must have a Certificate of Compliance issued by the Commissioner of the Department of Human Rights. Certificates are issued to businesses or firms that have an Affirmative Action Plan approved by the Commissioner of the Minnesota Department of Human Rights for the employment of minorities, women and disabled persons. WHEREAS, the City of Stillwater has prepared an Affirmative Action Plan to obtain a Certificate of Compliance and intends to reinforce federal merit standard principles and concepts by assuring that all segments of society have an opportunity to enter public service on the basis of open competition and advance according to individual ability: . NOW, THEREFORE, BE IT RESOLVED, that the Stil~water City Council does hereby: 1. Adopt the Affirmative Action Program of the City of Stillwater dated November 1, 1988; Acknowledge that equal opportunity for all persons is a fundamental human value. Consequently, it is the policy of the City to provide equal opportunity in employment and personnel management for all persons; to provide access to, admission to, full utilization and benefit of training and promotional opportunities without discrimination because of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; and to otherwise promote full realization of human rights within the City to the extent permitted by law. To implement this policy, the City of Stillwater requires that every person making application for, currently employed by, or applying for future vacancies in the employ of the City of Stillwater will be considered on the basis of individual ability and merit, without discrimination or favor. . 2. In furtherance of this policy, the City of Stillwater establishes an Affirmative Action Plan, providing for and assuring fair and equitable treatment in all phases of public employment, including selection, compensation, benefits, training opportunities, promotions, transfers, layoffs and other terms, conditions and privileges of employment. The concept of this Affirmative Action . . . Policy is consistent and fundamental to the maintenance of effective equal opportunity and shall be implemented as an integral part of the City of Stillwater's personnel system. 3. Undertakes the responsibility for communicating its Affirmative Action Policy to those from whom it purchases products and services. 4. Appoints Nile L. Kriesel, Affirmative Action Officer, to manage the Equal Employment Opportunity/Affirmative Action Program. His responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program, as required by federal, state and local agencies. s. Declares that all employees and applicants for employment are protected form coercion, intimidation, interference or discrimination for filing a complaint or assisting in an investigation under the Minnesota Human Rights Act. Adopted by the Stillwater City Council this 15th day of Nbvember 1988. ATTEST: Wally Abrahamson, Mayor City Clerk . . CITY OF STILLWATER AFFIRMATIVE ACTION PROGRAM NOVEMBER 15, 1988 . ~ . II. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This is to affirm the City of Stillwater's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of federal, state and local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Stillwater will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. The City of Stillwater will take affirmative action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of payor other forms of compensation and selection for training, including apprenticeship. The City of Stillwater will use its best efforts to afford minority and female business enter:prises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects the City engages in. . The City of Stillwater will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City of Stillwater fUlly supports incorporation of nondiscrimination and Affirmative Action rules and regulations into contracts. The City of Stillwater will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City, or subcontractor to the City, who does not comply with the Equal Employment Opportunity/Affirmative Action laws, directives and regulation of the federal, state and local governing bodies or agencies thereof, speCifically Minnesota Statutes 363 will be subject to appropriate legal sanctions. The City of Stillwater has appointed City Coordinator, Nile L. Kriesel to manage the Equal Employment Opportunity Program. His responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program as required by federal, state and local agencies. The Mayor of Stillwater will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact Nile L. Kriesel, 216 North Fourth Street, Stillwater, Minnesota 55082 or call 612-439-6121. . Wally Abrahamson, Mayor Date 2 . LIST OF BILLS EXHIBIT "i\" TO RESOLUTION NO. 7989 . Action Rental American Linen Supply Ameridata A. M. Leonard, Inc. Arrow Bldg. Center A T & T A T & T Board of Water Commissioners Boyum Equipment, Inc. Bryan Rock Products Business Equipment Brokerage Cool Air Mechanical, Inc. Courier, The croixside Press Don Streicher Guns Dorsey & Whitney Drummond American Corporation Earl F. Andersen & Assoc. Ecolab Pest Elimination F. M. E. Corporation Fredls Tire Company Frito - Lay, Inc. Gopher Sign Company - Gordon Iron & Metal Grindstone, Inc. G & K Services Hardware Hank Herman Junker Candy Company Jim Hatch Sales Junker Sanitation Service Lake Country Chapter ICBO Lawson Products Linner Electric Company Magnuson - Dieperink Mn. Dept. Public Safety Murray Sandler North Star Dodge Center North Star Turf, Inc. Pepsi-Cola Company Real Estate Journal R. L. Polk & Company st. Croix Animal Shelter st. Croix Car Wash st. croix Drug Sears Seim, Margaret Snyder Bros. Drug Stillwater GAzette . Concrete $ Linen Service personnal Computer Calipers Steel Doors/Sheet Rock Lease/Rentals Leased Equipment Hydrant Repair Hose Reel Crushed Rock Paper Compressor Repair/Freon Letters Letterhead Map Lights Legal Service Chemicals Voting Signs Pest Control Postage Tape 1 Tire Supplies Traffic Paint 6 Inch Pipe Sharpen Ice Knives Uniform Rental Supplies Supplies Work Gloves Servic es Seminar Nuts/Bolts 2 circuit Breakers Legal Services CJDN Connect Charge Mouth Guards/Tape Cable ASsy. Sweeper Fingers pop 3 Year Subscription city Directory October Charges Squads ~vashed Collection of Bills Clothing Allowance Mileage Batteries, Film~ Flash Publicat ions 213.50 13 .00 5,158.48 32.95 520.51 126.40 41.04 211.84 5.69 57.90 97.00 3,114.66 150.00 171.10 179.75 25,684.10 653.25 100.62 185.00 26.86 155.60 129.39 47.00 470.00 75.00 669.31 275.28 890.40 27.00 928.00 170.00 450.53 61.00 7,099.40 150.00 500.10 41.30 45.00 249.75 100.00 315.00 300.00 37.50 9.85 131.00 23.75 59.32 601.00 Stillwater Motor Company Stillwater Photo T. A. Schifsky & Sons Taystee Baking Company Team Choice Texgas Thommes & Thomas I Thompson Hardware Comp~ny Uniforms Unlimited I U. S. West Cornmunicati~ns Valley Auto Supply Viking Office Products Yocum Oil Company Addendum To Bills Election Judges A T & T Beberg, Byrdie Commercial West I. B. M. Corporation Johnson, Mary Lou . Knutson, Kent L. . .1 Metropolitan Waste con~rol commission Mn. Conway Fire & safeiY Mn. Correctional Faciltty OWens Service corporat~on Palen/Kimball Company .1. St. Croix Car Wash , Schwantes Heating I Stafford, R. H. washin4ton County Treasurer I Stillwater Plumbing & neating United Building Center TOwer Asphalt, Inc. Auto Parts Photo Work/projector Blacktop Supplies Jackets Propane Stump Removal Supplies Badges Services Auto Parts Pens Fuel Oil/Gasoline General Election Long Distance ,Calls Typing Legal Notice Maintenance Computer Mileage Refund-Peddlers Permit Sewer Service Charges Extinguisher/Repairs Signs/Envelopes Cleaner for Furnace Delivery Charge Car Wash-Planning Overcharge Htg. Permit Computer Classes Drain-Fire Department Barricades/Plywood Blacktop Orwell Court Adopted by the Council this 15th day of November, 1988. APPROVED FOR PAYMENT 63.64 553.15 41.37 188.07 74.00 98.00 300.00 300.42 48.15 1,320.11 860.27 33.19 860.28 . 4,302.92 46.08 20.00 51. 73 153.00 9.50 20.00 51,169.70 109.00 168.30 118.85 18.40 4.75 5.00 . 50.00 85.70 120.78 9,655.00 . . . . APPLICATIONS - November 15, 1988 CONTRACTORS C. O. field Co. 2940 Harriet Ave. So. Minneapolis, Mn. 55408 General Contractor C. W. Houle, Inc. 1300 W. Co. Rd. I Shoreview, Mn. 55126 Excavators Gabler Brothers Painting 1018 W. Olive St. Stillwater, Mn. 55082 Painting The Greens Development Corp. 1365 McKusick Rd. Ln. No. Stillwater, Mn. 55082 General Contractor CLUB ON-SALE LIQUOR LICENSES American Legion Post #48 103 So. Third St. Stillwater Country Club 1421 So. 4th St. Stillwater Lodge #179 (Elks) B.P.O.E 279 E. Myrtle St. Stillwater Knights of Columbus 1910 So. Greeley St. REGULAR OFF-SALE LIQUOR LICENSES J.L.H., Inc. d/b/a John1s Bar 302 So. Main St. Kinsel.s, Inc. 118 E. Chestnut St. Lowell Inn, Inc. 102 So. Second St. R & R Liquors 1971 So. Greeley St. South Hill Liquor Store 117 W. Churchill St. Vittorio's 402 So. Main St. 1 New Renewal New New Renewa 1 Renewal Renewal Renewal Renewal Renewal Renewal Renewa 1 Renewal Renewal 3.2 BEER ON-SALE . River Valley Athletic Club 1826 Northwestern Ave. Renewa 1 CIGARETTE American Legion Post #48 103 So. Third St. Renewal Renewa 1 New & Renewal Renewal Renewal Renewal Renewal . Renewa 1 Renewal Renewal J.L.H., Inc. d/b/a John's Ba~ 302 South Main St. J. W. Harbor, Inc. 517 No. Owens St. Kinsel's, Inc. 118 E. Chestnut St. The Lowell Inn, Inc. 102 No. Second St. Mad Capper Saloon, Inc. . 224 So. Main St. South Hill Liquor Store 117 W. Churchill St. Stillwater Lodge #179 (Elks) 279 E. Myrtle St. Stillwater Country Club 1421 North Fourth St. Vittori 0 I s 402 South Main Street SUNDAY ON-SALE LIQUOR LICENSE , Stillwater Lodge #179 (Elks i 279 E. Myrt 1 eSt. Renewa 1 Mad Capper Saloon, Inc. 224 So. Main St. Renewal Vi t t or i 0 I s 402 South Main Street Renewal . ? . " CEJtl~n'D,~UCArn'~ O~ SUf{V~Y ~/.( (.4",,61. .Y~1~ ~/YJ 4f', JAMES F. SIMONET S.TILLWA'fER, MINNESO'fA . " . . . .. lIUnncsola Rcg:fB(ercd Land Surveyor No. 705 .' . '. : "::~' WIsconsin ReJ:islered Land Survelor No. g.601 :._ .~ '.' ,", . , ,y;i~~~it:: L ,',: '<>"" ""\t;:.;.t,~i~f.~W!?:}h~'l'&f!A~X\:~), ,', o :.. ! l'" ":.. ~ ' ." . ,,1' "I.' ~'." '.. -. ;p.... .:' ;: '-...:' f' .; ", ". ,;",:;..;:':,:..~~:I~;i.L,,: .' ..,~..~:~~;',; .,', '.~.l' .~..ar"'~r("P ,.....: .,.' ,-" . . .,', .~::.:,..t.. .... .'j.~~~. ,,~.,'.,~ .,':~,7:i,,:,,:~,:;':i~.\~';"'~":"";"!'>"';'r. ." ':.:;~ Lo} j al)(;/jy?"~'fS?:'1~fNEJ4.ofSW}!' a(.~ .i;."::-',"-'.'! :~,~.,.:\:->:..t::\f::: Sec. 2.11 rjop{ !?10W/;;//;('o(S/;t~a,L~;;/{AI.. '.1 ~t -': ~ ;;:: '.'; ;",: ~~.-;.;. . '.', :,',.~;~.:}'::j):'~<':'~":::t,~,,'; :::,.,'~ "..:':~'..., !. :': .~: ';', . ~.-/{:~L~ ,i~;.,_.i;J:{::";:~~/r'~ ::"}: ~ ""', .'1' f~t:..\..~ .'1......~,:.:.J...~t:.i..I~:. '"':'.,~l'\~.f'.i' .......<....t;.~._:~.~.Io.,,>"~.~. h~"".r..~ .;. . e-'~.: }:a(( ......f.);.f .....~_ ~.~-:...r'-""~;[~~:':>:',,.... " f, '-, ,_II '.. .~ "".:.);""" ..',..;,\ .; ,..,."..t'~aI" 3 "n.o ~;... . " I ,.f".. . -.,. "'.. ~ ...0:...: ... .... "'" ";;~l~"""~'-'i.' ...~~. .,a. '..~. "-'~' CW' v .S.... ,."'? '8' ~ ~ ~.:, ,;. ..... .... '1;',. ',." . : '" - ; .:..' -: :,' "" . '., ' ."', -". .;, l': .:. J.,'.,...'.... . ".- .-;. -'-J /4. ec: eL ~ ~.~-'f'~:~~.; .~~'/"~ ',~~:~.:;.P'".'~;~~"{;: ;.'~~.., ,".:: ", 1 \ ' '. : i.._. ~. .. . ~~ :::~~;} '~~:.: ;.t:. ....,~ . . :, . . . ". .. Ie sf. . . ~ - ofH ,}. ~ t U~ ~ Ih~( . .~ r f/te Sou, /4-.l5 . c.otllh e> 15 oJ 'f. fo ,,,d 7r40 tJ. . '. . 37 5 . , , j . ~ IO.e j!,s.f.Ho (f) C) . '.. ~ ~' " ..... ;:).. ~ co I. ~ r.- NOV. 'se ~ ..... l t01.'9W. , 2.40 ~1 I .1...... \AI. .2 J. 7 () SU/"W'-V maC/~ for. A I J?an!.Jm~ Sf; /wafel:ptN. Scale /h= 20' / ~ No v. ' 8 L .J ":? ../' 011 9 0, v::;.. 'ulk. I . ,)1l"A " . ,.,..., .s riJI""'''' J-tt:J-~rJ '- - 00. 4 l1C2r"t"':.~ on. .., . ' j'-.. '-. ~\ti:;~:I;'D . I /' I I f~tnr.1:r~{/"oln9 oca tlon .svrvet/ V/<, {A TE;' He!.:' C 0/'-'iE E '..= . , ""...t~""~ . ~ . ..... ,-' C" '. ~ , ~. <. \\;0,:....1...' n ..~.. '\ V ,'.. '\ c...~--""'" ~....,;". '\~ (. I - '" ,,~_... Ii ,'. ~ v' .j f' ~~;. c..\ S T t..o \ -;;J- 1': f. ..~ / ,s.. '('0 ~...'t .~--.\ LAND -lA \ s., ~ t '\ (."~V-,<O J . -\:, tP.. . t:. ,......; " /..t.... ~ r," __~ .~~. I,.'" {...._...,..:c. y,' -"," ""," ~"''''\''''.''.J?" '-:......,-. ,..,.......... . . I I I hereby certify that I B~eYed the property described above aDd that the above ia true and correct plat of Bald survey. Date.LLJI.c2J.(e.f21lu:;-L2.B 8 Scale: 1 inch___..?f?____..!eet. o In' SIrona.~ I -...... ...g~?z4:1...~~~o=:~~..,~;:?.u~..........,_ Sun-eyor . . \l.l, - , .' , .. ..~ YJt~ j'19'/., I'. FILE N<?../.63~71 .' '. '.:~:: .,0 , .? ..{ l' -'0 ~~.., ,;.. ...,.....t. --'''-' ,- . \ ~ " . , m ".' .. ~ ., .,' -.'" "1 .j .. '. ~c .. to< ',' . /". ~o . I I '. '0' J l.r ( "1 ., . , .; c" . . . .. . "'!" DORSEY & WHITNEY A PABTNBBSBIP INCLt11)l}110 PRo:P1!:SSlONAL CoBPORATIONS 3~0 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 41~-9200 340 FIRST NATIONAL BANK BUILDING P. O. BOX 848 ROCHESTER, MINNESOTA ~~90<1 (~07) 288 - 31~6 1:110 NORTH CENTRAL LIFE TOWER 44l:i MINNESOTA STREET ST. PAUL, MINNESOTA OlUOl (612)227-6017 31~ FIRST NATIONAL BANK BUILDING WAYZXJ:A, MINNESOTA 1:11:1391 (612) 47~-0373 :3 GRACECHURCH STREET LONDON EC3V OAT, ENGLAND 01-929-3334 2200 FIRST BANK PLACE EAST MINNEAPOLIS. MINNESOTA 55402 ( 612) 340 - 2600 TELEX 29-06011 TELECOPIER (612) 340-2868 1200 FIRST INTERSTATE CENTER 401 NORTH 31". STREET P. O. BOX 71BB BILLINGS, MONTANA "9103 (406)21:12-3800 201 DAVIDSON BUILDING B THIRD STREET NORTH GREAT PALLS, MONTANA a9401 (406) 727-36<12 THOMAS S. HAY ( 612) 343 -79615 127 EAST FRONT STREET MISSOULA, MONTANA ~9602 (406) 721- 602/S 30 RUE LA BOETIE 7~00B PARIS, FRANCE OU-33 (I) 43-1:19-13 -61:1 OU-33 (1)4l:i-62-32-I:I0 October 21, 1988 Mr. Nile Kriesel City Coordinator Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota - 55082 Re: Oak Glen Development Company Dear Nile: Enclosed herewith is our statement for services rendered and disbursements incurred on behalf of the City with respect to Oak Glen Development Company, and we ask that you present it to the City Council for approval and payment. In general, costs incurred by the City with respect to enforcing its rights under the Oak Glen Development Agreement, which comprises most of the work covered by the statement, is re- coverable by the City from Oak Glen, and the City should request Oak Glen to reimburse it for amounts paid to us for this purpose. If you or any member of the Council has any question regarding this statement, please do not hesitate to call. Computer printouts supporting the statement can be made available, if necessary. Very truly yours, Th!5:. '& TSH:DAV Enclosure ~ ~ rv0 6-' <::s . . . 334580 ~ DORSEY & WHITNEY ^ PARTNER!"HIP INl'L\;DI,.Q PWOrESSIONAL CORPORATJONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (0121340-2000 (Internal Revenue Account No. 41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES October 21, 1988 CITY OF STILLWATER c/o Mr. Nile Kriesel City Hall 216 North Fourth Street Stillwater, Minnesota - 55082 Re: OAK GLEN DEVELOPMENT COMPANY (# 870435-5) For: legal services rendered from May 1st through September 30th, 1988, including: legal research on bankruptcy, tax and special assessment liens, priorities, election of remedies, creditors' rights and other matters; review of contracts and documents; preparation for and participation in numerous conferences and meetings with city officials and others; obtain and review O. Walter Johnson's bankruptcy proceedings and file claim in bankruptcy; preparation of legal memorandums, legal proceedings and various other documents; settlement proposals and conferences; and work on various related matters (205 hours). .... .$24,390.70 plus disbursements, per attached separate statement . .$ 646.70 TOT A L . .$25,037.40 I declare under the penalties of law that this account is just and correct and that no part of it has been paid. ~Sh (a member of the partner hip above named) Disbursements made for your account, for which bills have not yet been received, will appear on a later statement. ,. ~ . ~ ... DORSEY & WHITNEY ..... PAHTNERSHIP INCLL.:Dl'SO PROrE~5IUl"AL CORf'ORATIU,,"!'i . 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 STATEMENT OF DISBURSEMENTS October 21, 1988 CITY OF STILLWATER c/o Mr. Nile Kriesel City Hall 216 North Fourth Street Stillwater, Minnesota - 55082 Re: OAK GLEN DEVELOPMENT COMPANY (# 870435-5) DISBURSEMENTS: excess postage. Dorsey messenger service. Interlibrary loan service . long-distance telephone charges . fee for copying O. Walter Johnson's bankruptcy file. Action Messenger services . business lunches on 5/6/88. 6 Westlaw Searches rone. photocopying charges. . $ 1.65 3.00 6.00 10.77 . 20.00 37.15 . 100.00 . 271.48 200.60 TOT LESS: A L: prepaid amount re photo- copying bankruptcy file .$650.65 3.95 TSH:DAV $646.70 11~_~' -it t,u1 v pv (YyJ: J 1 4() G .d "~I 0 ;, , / .. ./ 11 c.- This statement is for disbursements advanced by us for your account. It does not include any fee for our legal services. Disbursements made for your account, for which bills have not yet been received will appear on a later statement. 7 Minute Book. Seal, or 13 Postage. Excess 20 Stamp Taxes I Abstract Fee Stock Certificates 14 Printing 21 Telephone, Long Ois. 2 Appraisal 8 Mimeographing 15 Process Service tance. or Tdegraph 3 Bond Premium 9 Overtime, Steno 16 Published Notice 22 Transportation and Travel 4 Certified Copy 10 Patent Office Fee 17 Recording Fee Expense 5 Court Fee 11 Photographic Expense 18 Secretary of State 23 Witness Fee 6 Court Reporter 12 Photocopies 19 Sheriff or Marshal 24 Other .. ~ An Equal Opportunity Employer ~~. //- 7 - Yf' Phone: (612) 296-2428 (\. , UJ,~ . STATE OF MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square 7th & Robert Streets St. Paul, Minnesota 55101 M E M 0 RAN DUM TO: FROM: Parties of Record Terrence A. Mer~ Executive Director DATE: November 3, 1988 SUBJECT: D-240 Oak Park Helghts/A-4466\Stll Iwater The enclosed Is a copy of the Findings of Fact, Conclusions of Law, . and Order approved by the Board on October 31, 1988 approving the concurrent detachment/annexation In the above-referenced file. The paper you previously received for the above-referenced file was not a copy of the approved order. We hope this has not caused you any inconvenience. TAM:sg . . . . 0-240 Oak Park Heights A-4466 Stillwater BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Shirley J. Mihelich John W. Carey Kenneth F. Sette Chair Vice Chair Commissioner IN THE MATTER OF THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF OAK PARK HEIGHTS AND ANNEXATION TO THE CITY OF STILLWATER PURSUANT TO MINNESOTA STATUTES 414.061 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER \ The above-entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended, on June 15, 1988 at Stillwater, Minnesota, and was continued to June 29, 1988 at Oak Park Heights, Minnesota. The hearing was conducted by Terrence -A. Merritt, Executive Director, pursuant to Minnesota Statutes 414.01, Subdivision 12. Also In attendance were Shirley J. Mihelich, Chair, John W. Carey, Vice Chair, and Kenneth F. Sette, Commissioner. The City of Oak Park Heights appeared by and through Mark Vierling and Lyle Eckberg, Attorneys at Law. The City of Stillwater appeared by and through David Magnuson, Attorney at Law. The petitioner appeared by and through Howard Turrentine, Attorney at Law. Testimony was heard and records and exhibits were received. After due and careful consideration of al I evidence together with al I records, files and proceedings, the Minnesota Municipal Board hereby makes and files the fol lowing Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT 1. On March 17, 1988 a petition for concurrent detachment and annexation . 10 -2- I by the sole property oW1er was filed with the Minnesota Municipal Board. . The petition Cjntalned al I of the information required by statute including a descrlptl n of the area proposed for concurrent detachment and annexation, which Is as follows: Lots 11,12,1 ,14, and 15, Block 5, Mc MILLAN AND COOLEY'S ADDITION TO STILLWATER, according to the recorded plat thereof. Together with that part of the North 20.00 feet of Lots 16, 17, 18, 19 and 20 of s Id Block 5, as measured at a right angle to and parallel with he north line of said Lots 16, 17, 18, 19 and 20. Together with above describe that part of vacated Eugene Street that accrues to the parcel, hereinafter referred to as "Parcel A." That part of fqrmer Hazel Street platted In Me MILL IAN AND COOLEY'S ADDITION TO ~TILLWATER which lies north of the easterly extension of the south line! of the North \ 20.00 feet of Lots 16 through 30, I nchls I ve, B I qck 5 of sa I d P I at and south of the center II ne of fonuer Prairie Street. Said south line of the North 20.00 feet Is measure9 at right angle to and paral lei with the north line of said lots" hereinaf er referred to as "Parcel B." That part of the Southwest Quarter of Section 34, own~hip 30 North, Range Minnesota, des rlbed as fol lows: the Southwest Quarter of 20 West, Washington County, . Comaenclng at point on the west line of said Southwest Quarter of the Southwest Quarter distant 262.83 feet north from the southwest corner of said Southwest Quarter of the Southwest Quarter, said point is also the intersection of said west line with north right of way I ine of Trunk ighway 212; thence East along said north right of way line.. 351.31 ~~eet to the point of beginning; thence East continuing al~ said nor h right of way line 60.98 feet; thence East continuing along said n rth right of way line 204.96 feet along a tangential curve concave 0 the north having a radius of 1395.09 feet and a central angle! of 8 degrees 25 minutes 03 seconds to the west line of fonuer 7th Str~et; thence North along the west I ine of said former 7th Street 5 8.67 feet to the northeast corner of former Lot 28, Block 2, MURDO K'S ADDITION TO OAK PARK, now vacated; thence West 83.1al feet t the northwest corner of former Lot 27, of said Block 2; thence North 1 9.74 feet to the southwest corner of former Lot 27, Blocl 1 of s Id vacated plat; thence West 41.88 feet to the southwest corner of form r Lot 26, of said Block 1; thence North 139.57 feet to the northwest corner of said former Lot 26; thence West 358.81 feet to 1ie Interse tlon of the south I ine of former Lot 12 of said Block 1 and the e~st I ine of the West 18.00 feet of said former Lot 12; thence North 1~9.42 feet along the east line of the West 18.00 feet of safd form r Lot 12, Block 1 to the north line of said former Lot 12; thence Nor h 25.00 feet continuing along said last described I I , I . -3- . course to the center I ine of former Prairie Street; thence West 130.73 feet along said center I ine of former Prairie Street to said west I ine of the Southwest Quarter of the Southwest Quarter; thence South along said west line 890.04 feet; thence East paral lei with 'said north line of Trunk Highway 212 a distance of 351.20 feet; thence South paral leI with the east line of former Hazel street of said plat 166.00 feet to the point of beginning, hereinafter referred to as "Parcel C." A resolution supporting the concurrent detachment and annexation was not received from the City of Oak Park Heights. 2. Due, timely and adequate legal notice of the hearing was publ ished, served and filed. 3. The area proposed for concurrent detach~ent and annexation, hereinafter cal led the subject area, Is presently within the City of Oak Park '\ Heights, abuts the City of Stillwater, and is approximately 11 acres In size. The perimeter of the subject area is approximately 30% bordered by the City of . Stillwater. 4. The City of Stillwater had a population of 10,196 in 1970, 12,290 in 1980, and it is projected to have a populatlon of 13,200 in 1990. 5. The City of Oak Park Heights had a population of 1,257 In 1970, 2,591 in 1980, 3,669 presently, and it is projected to have a population of 3,800 In 1990. 6. The subject area has a population of O. 7. The City of Oak Park Heights is approximately 1,120 acres In size. 8. The City of Stillwater Is approximately 4,360 acres in size. 9. The City of Stillwater Is the county seat for the County of Washington. Both the City of Stillwater and the City of Oak Park Heights' are in Washington County. 4It 10. Parcel A is presently used as a portion of the county government t, -4- center parking lot. i I I Parcel B Is part of Panama Avenue. . Parcel C has tw, houses located on it. Additionally, the land Is vacant and open with slopes genera II y over 13% from the northwest corner I d i agona I I Y to the southe st towards the central part of the parcel and then south along the eastern nd of the parcel to the southeast corner. The soils in Parcel C have excessive natural drainage and slight foundation lillttatlons. They have low water-holding capacity. 11. The City of ak Park Heights has approximately 138 acres In residential use, appro Imately 405 acres In Institutional/tax exempt use, approximately 75 acres in commercial, use, approximately 300 acres In industrial use~ and appr xlmately 202 acres In vacant land. 12. The City ofSt III water has land zoned for residential use, multiple-residential use commercial use, Institutional use, and Industrial . use. 13. The subject lot for the courthouse the land Is vacant. 14. The City of streets, and roads. Ja has I c~mplex, street use, two houses, and the remainder of I lak Park Heights has approximately 14 miles of highways, land In institutional use as part of a parking 15. The subject arer' has approximately .05 miles of city streets. subject area Includes part of Panama Avenue and abuts Oxboro Avenue on the I i western edge of Parcel A~ 62nd Street on the northern edge of Parcels Band C; i Paris Street on the east~rn edge of Parcel C. The county Corducted a traffic study around the existing courthouse. The county anticipates ttat any addition to the courthouse in the subject area wll I not cause a slgnlfl ant Increase of traffIc on the adjacent streets. I The . -5- . 16. The City of Stillwater has state highways, county roads, and city streets. 17. The City of Oak Park Heights has a zonIng ordInance, subdIvIsIon regulatIons, an official map, capital Improvements program and budget, fIre code, floodplain ordinance, wild and scenIc rivers ordinance, on-sIte sewage treatment sanitatIon ordinance, and a comprehensIve plan. 18. The City of StIllwater has a ,zonIng ordinance, subdivIsIon regu I at Ions,. an of fIe I a I map, cap I ta I I mprovements program and budget, fIre code, shoreland ordinance, floodplaIn ordinance, wIld and scenic rIvers ord I nance, san Itatl on ord I nance (on-s ite sewage treatment), 'and a comprehensIve plan. \ 19. The County of Washington has a zonIng ordInance, subdivIsIon regulations, an offIcIal map, capItal Improvements program and budget, shoreland ordInance, floodplaIn ordinance, wIld and scenIc rivers ordInance, sanItatIon ordInance (on-sIte sewage treatment), and a comprehensIve plan. 20. The Metropo I I tan Cou nc II comp I eted a rev I ew of the CIty of Oak Park Heights' ComprehensIve Plan on May 14, 1981. The MetropolItan CouncIl completed a revIew of the CIty of StIllwater's ComprehensIve Plan on AprIl 23, 1981. 21. The subject area Is presently zoned R-2, low and medIum resIdential. 22. The present Oak Park HeIghts zoning of the subject area would not al low the expansIon of the courthouse as a permItted or condItional use. 23. The CIty of StIllwater does not presently have any proposals In Its comprehensive plan for the subject area. 24. The CIty of Oak Park Heights amended Its Zoning Ordinance so that no regional facilIties could be located within Its exIsting R-2 zone even as a conditional use. . . >. , -6- 25. The present washtlngton County Courthouse and Immediately est of Parcels Band C. ! lies immediately north of . Parcel A 26. The area nt to the present courthouse, have the present uses: 27. The City of e present courthouse - multi-family residential; south to the north amd Immedlat Iy west, church, institutional; south of the church property and west of the courthouse - slngl and one- or two-family residential uses; north and northeast of Parcel C slngle- and double-family residential use; the southern part of the e stern boundary of Parcel C - multi-family residential; and the western part of southern boundary of Parcel C abuts one- and two-family residential Park Heights presently provides Its residents with water, sanitary sewer and waste water treatment, storm sewer, fire protection, pol ice protecfIon, st eet improvements and maintenance, administrative services, and recreationall opportunities. . 28. The City of Stll (water presently provides Its residents with water, sanitary sewer and 29. Presently the and maintenance, administrative services, and water treatment, storm sewer, fire protection, pol ice protection, street Improv recreational opportunltie . County Courthouse receives sanitary sewer service from the City of ak Park Heights. The City of Oak fark Heights provides water courthouse, along with wa~er for fire hydrants. 30. The Cay of Okk service to the existing Park Heights provides approximately 20 homes within the City of Stillwater wi h sanitary sewer. 31. The City of S II I water provides sanitary sewer and water to approximately 8 homes wit In the City of Oak Park Heights. 32. Presenrtly on a case by case bas i s, agreements are worked out between . -7- . the CIty of S~lllwater and the CIty of Oak Park HeIghts for provIsIon of sanItary sewer and/or water wIthIn the neIghborIng cIty's jurIsdIctIon. These agreements are reached when such servIce can be done more economIcally by the ne I ghbor I ng dty. 33. The CIty of StIllwater has water I Ines servIng the property north of 62nd Street, which Is ImmedIately north of the existIng courthouse. The CIty of StIllwater has sanItary sewer lInes In Panama Avenue, at the junctIon wIth Orleans Street, which Is north of Parcel C. 34. The City of StIllwater is wIllIng to provIde the subJect area wIth al I of the servIces It presently provIdes its resIdents. The Crty of St III water wou I d be wIllI ng to extend mu n lei pa I sewer and water to the subject area If an agreement cannot be reached wIth the CIty of Oak Park Hel~Ts to provIde the subject area wIth sewer and water. . 35. Within the City of StIllwater, the only other areas available for the expansion of the courthouse would be withIn the CIty of Stillwater's industrIal park. The City of Stillwater has a pol Icy that the Industrial park should be usall for development of tax-generating uses. 36. If the subject area were annexed to the City of StIllwater, Its development as the expansIon of the county courthouse would be consIstent with the CIty of Sfll Iwater's existIng ComprehensIve Land Use Plan. 37. The same waste water treatment plant serves the Cities of Stillwater and Oak Park Heights. The plant Is to be improved and Its capacity Increased. Based on these plans, there Is suffIcient capacity to service the subject area. 38. The concurrent detachment and annexatIon of the subject area from the CIty of Oak Park Heights to the CIty of Stillwater would not Impact upon the . schoo I d I strict. -8- 39. The subject area js tax exempt. 1 The market value of the subject area . is as follows: Parcel jA - approximately $50,000; Parcel B (street) - $0.00; and Parcel C - approxl~ately $319,000 for a total i market value of approximately $369,000. I 40. The County of 1aShlngton has performed a Facilities Study which i looked at service provided Ito county residents through no-growth or a moderate growth of the county off ices by the year 2008. 80th project Ions resul ted I n a i determination that there "111 be a need for more space for county offices. 41. The assessed valu1tlon In 1987 for the City of Oak Park Heights Is approximately $52,969,221. I 42. The assessed vJluatlon In 1987 for the City of Stir Iwater Is i approximately $80,795,336. i i 43. The m I II rate In 11987 for Wash I ngton County I n the City of Oak Park I Heights was 28.407, and In the City of Stillwater It was 25.64. . 44. The most probable financing method for the building of additional I I I county offices would be bYy sel ling bonds. addition within the Clt I of Stillwater reduces some potential problems with i bond financing for the pro1ect. 45. The City of Oak p,rk Heights has a 1987 mil I rate of 17.034. The school dlstrldt mil I levy for the City of Oak Park Heights Is The location of the courthouse 46. The City of Stll IJater has a 1987 mil I rate of 29.07. The school dlstrldt mill levy for the City of Stillwater Is 54.32. The City of Stll Il'ater has a present fire insurance rating of 5. The City of Oak Park Heights has a present bonded Indebtedness, as of 56.467 47. 48. December 31, 1987, of $1,5~3,000. 49. The City of Stllllwater has a present bonded Indebtedness, as of . -9- . December 31, 1987, of $15,025,000. CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has Jurisdiction of the within proceeding. 2. Concurrent detachment and annexation of the subject area Is in the best interests of the property. 3. The City of Stillwater can provide the subject area with the necessary governmental services. 4. The City of Oak Park Heights can continue to survive without the subject area. 5. The Minnesota Municipal Boa~d should Issue an order approving the concurrent detachment and annexation of the subject area from the City of Oak Park Heights to the City ofStl1 Iwater. . o R D E R 1. IT IS HEREBY ORDERED: That the property described herein in Findings of Fact 1 be, and the same hereby Is, detached from the City of Oak Park Heights and annexed to the City of Stillwater, the same as if It had originally been a part thereof. 2. IT IS FURTHER ORDERED: That the effective date of this order Is October 31, 1988. Dated this 2nd day of November, 1988. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building ~I, Mlnnevta 55 01 ImvvlAL . Terrence A. Merr it Executive Director . - ... ) '!'- . . D-240 Oak Park Heights/ A-4466 Stillwater M E M 0 RAN DUM The Municipal Board, In ordering the concurrent detachment and annexation, notes that the City of Oak Park Heights and the City of Stillwater were unable to resolve their disagreement over the placement of the expansion to the county courthouse. In the board's eyes, the county shares the blame for this. disagreement, too. While the petitioner has met its burden of proof for the concurrent detachment and annexation of its property, the board takes this opportunity to advise these three local units of government that they should work together more closely. TheX should avoid spending the taxpayers money needlessly over disagreements that can be Ironed out at the local level. neighborhood. The ravine and its natural berming in Parcel C should assist In the lessening of the impact of the addition on the neighborhood. The board is confident that the appropriate mitigation methods for the subject area wll I be employed. The board hopes that the Cities of Stillwater and Oak Park Heights wll I resolve any differences concerning this matter so that the courthouse expansion can be served by sewer and water in the most economic fashion poss I b I e17l111 11- Z-g~ II . [Z] . US Army Corps at Engineers SI [";11J10.'\1"..1 Public Notice APPLICANT: City Of Stillwater ISSUED: EXPIRES: November 10, 1988 December 10, 1988 REFER TO: CENCS-CO-RF (88-1182-23/88-1209-23) (VF88-24-90) SECTION: 10 - Rivers and Harbors Act of 1899. After-the-Fact 1. APPLICATION FOR PERMIT TO MODIFY AND RELOCATE EXISTING DOCK PERMITS. The City of Stillwater has applied for two after-the-fact Department of the Army permits to modify their existing permit 82-242-15 and the Stillwater Dock Company permit 85-415-23. Presently the majority of these modifications have already occurred and are in noncompliance with each permitted dock. The applicant also proposes to relocate each dock which will consist of flip- flopping the two docks. The City of Stillwater will be the lone applicant for both facilities. If it is determined that issuance of an after-the-fact permit is contrary to the public inter~st, corrective action may be taken in connection with the work already accomplished. The non-compliance and proposed activities are described below. \ 2. SPECIFIC INFORMATION . APPLICANT'S ADDRESS: City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 PHONE NUMBER: (612) 439-6121 AGENT: Mr. John Easton Stillwater Dock Company ADDRESS: P.O. Box 501 Stillwater, Minnesota 55082 PHONE NUMBER: (612) 439-3130 PROJECT LOCATION: The project site is located in the City of Stillwater, Minnesota, on the St. Croix River at approximately river mile 23.2. This site is in section 28, township 30N., range 20W., Washington County, Minnesota. DESCRIPTION OF PROJECT: Presently there are two permitted docks within this area. A seasonal docking structure, permit 82-242-12 which is located approximately 350 feet south of East Nelson Street, was issued to the City of Stillwater for the accommodation of 40 watercraft. The construction of an L- shaped dock, permit 85-415-23 which is located approximately 200 feet south of East Nelson Street, was issued to the Stillwater Dock Company for the mooring of an ~xcursion boat. The applicant is seeking approval of the following modifications to these existing permits: . Permit 82-242-12 The relocation of this docking facility to that is presently occupied by the excursion boat dock, 85-415-23. proposed to modify the present permit to allow for the habitation the area It has been of a small 1 f .. . ... CENCS-CO-R (88-ll82-23/88-1209-23jVF88-24-90) SUBJECT: Notice of Application for Permit November la, 1988 r I structure that would provi~e shelter for the dock operators. The applicant also proposes to allow doc~ing in excess of the present 24 hour limit. This is intended to accommodate!boaters who make long trips to the City of Stillwater and intend to stay in the area for an extended period of time (one weekend to two weeks). . . Permit 85-415-23 Th that is presently occupied has been proposed to modif mooring of three charter/e at this docking facility. Cruises" to be the primary "Walk-On" trade is avai1ab relocation of this docking facility to the area by the general boat dock facility, 82-242-12. It the present permit to allow for the year-round curs ion boats and one floating ticket office vessel The applicant also proposes to allow "Chartered business of the boat dock operation as long as e on a regularly scheduled basis. As indicated, there a e separate permittee's for each docking facility. The City of Stillwater has requested that permit 85-415-23 be modified to specify that the City is t e lone permittee and the Stillwater Docking Company is excluded from the permi In Lieu of this request the City has indicated that the Stillwater Dock C mpany would act as the City's agent for the operation of both docking facilities. SURROUNDING LAND USE: Residential, commercial, industrial, recreational. DESCRIPTION OF STRUC RE: Permit 82-242.12 allows for a dock that extends approximately 116 feet waterward and accommodates a maximum of 40 watercraft. Presently th re is a small shed like structure approximately lO'x . lO'in noncompliance locat d on this dock. Permit 85.415-23 allows for an L- shaped dock that measures 39 feet perpendicular to the shore by 110 feet along the shore with a gangway eading from the shore to the dock. Presently there is a floating barge appro imate1y 14'x 40', with a gangway leading from the shore to the dock located immediately downstream of the permitted I-shaped dock. This structure is eld in place by spud poles and has a ticket office located on it. This floatiing barge is in noncompliance of permit 85-415-23. 3. REPLIES/COMMENTS Interested parties are in ited to submit to this office written facts, arguments, or objections ~ithin 30 days of the date of this notice. These statements should bear up n the suitability of the location and the adequacy of the project and should if appropriate, suggest any changes believed to be desirable. Comments rece ved may be forwarded to the applicant. Replies may be addressed 0 the District Engineer, St. Paul District, Corps of Engineers, 1421 u.S. PostjOffice and Custom House, St. Paul, Minnesota 55101- . 1479, ATTENTION: Regulatory Functions Branch. Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Brian Watson at the St. Paul District, (612) 220-0380. . 2 CENCS-CO-R (88-ll82-23/88-l209-23fVF88-24-90) SUBJECT: Notice of Application for Permit November 10, 1988 4. THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT: None were listed by the applicant or are known to exist in the permit area. However, Washington County and the St. Croix River is within the known or historic range of the following threatened (T) and/or endangered (E) species: Species Habitat Peregrine falcon (E) Bald eagle (T) Higgins Eye Pearly Mussel Potential breeding Breeding Rivers This application is being coordinated with the U.S. Fish and Wildlife Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 5. JURISDICTION: The St. Croix River comes within the regulatory jurisdiction of the Corps of Engineers because it is a navigable water of the United States. The St. Croix River is also a componen~ of the National Wild and Scenic River System. REGULATORY AUTHORITY: The application will be reviewed according to the provisions of Section 10 of the Rivers and Harbors Act of 1899 (33 United . States Code 403). THE APPLICANT HAS STATED THAT THE FOLLOWING STATE, COUNTY, AND/OR LOCAL PERMIT/PERMITS HAVE/HAS BEEN APPLIED FOR/ISSUED: Prior Minnesota Department of Natural Resources Permit 82-6124 - issued May 3, 1982 (amended August 28, 1985). 6. HISTORICAL/ARCHAEOLOGICAL This public notice is being sent to the National Park Service, the State Archaeologist, and the State Historic Preservation Officer to determine if there are known cultural resources which may be affected by the described work. Any unknown archaeological, scientific, or historical data could be lost or destroyed by the work described in the permit application. However, the latest version of the National Register of Historic Places has been consulted and no listed properties (known to be eligible for inclusion, or included in the Register) are located in the project area. 7. PUBLIC HEARING REQUESTS . Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 3 'It! " "", t' , CENCS-CQ-R (88-ll82-23j88-l209-23jVF88-24-90) SUBJECT: Notice of Applicatibn for Permit November 10, 1988 . 8. PUBLIC INTEREST REVIEW The decision whether to issu~ a permit will be based on an evaluation of the probable impact, including cF. ulative impacts, of the proposed activity on the public interest. That decis on will reflect the national concern for both protection and utilization 0 important resources. The benefit which reasonably may be expected tp accrue from the proposal must be balanced against its reasonably fores~eable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects. Among those are conservationj, economics, aesthetics, general environmental concerns, wetlands, culturallvalues, fish and wildlife values, flood hazards, fl.oodPlainvalues, land use'lnavigation, shor.eline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber produ tion and, in general, the needs and welfare of the people. Environmental a~d other documents will be available for review in the St. Paul District Officel. I FOR THE DISTRICT ENGINEER: ~ ~ I WK. L. GOE~ ff Chief. Cons truction-Operations Division I I I 1 Encl . . 4 ;~\ U<, po -' ;. ~-\~1~ tl ! @ ~~-1 : :;"~~ '" ,.~, \ -l. 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Jl} j(3:; ,~y C:/~t:1::~-. . -' w. ",,-., I ,,( 1 OJ 1:r,::~:1~ \ ,\,,~~ ro,A I i~00 a])\ V' <;;;}). .~(;Q.r([JJ 'i.~LV=9 or:;:','. .~.:-~.. C::~t~~~'n ~\. ~'t~t\&i;:,St& i'~..~.j '/ l_ ;,- ~ ~ 7!!;\~d;- ) (ii; J'Y .,_ "'.;r!:lll~" -,,, if"'~ ' , -- ~ . 'v . u f, ~ "o,~,,, "". .' ~-- ' '; ,-'--.' ,.., ( , ~Y' S, -rE / .!' ~~ '- -\ !I ,~ /-- :: 1 a /ri ..~ -( ~ ...___ M T ..J ..= ,.... ~ '\ :-... .,.;. '. I \ \ .... , \ SCALE": 1"= bD' t NELSON 5r s r: C 1\ 0 I y,. R. J VEl( *" [X/STINU PI A 6AAfYl l:j . I I ~ TouA BOAT N. ...L: S HA PED -- .. -I'O/IIE 5o.n~~ 15SIJFD- -1)OCK~()L1f. --JVa.rfL_ -.l11J t _..13.1).5 .;zl~ Yrl1:5~---i3) 3A~c,[ FAc./Llry vJI ILl' X '10' STRIJc.TURE TDuR. 6014, SHOW bOflT . S T R l.a:TV. ~E" -=eJ].5U C__OPCK----J5fJUEtJ- TO rflf c'rf OF---- STILL WArnl. i;J-~..,.;).-i;'\ . "JUNE I~ii ~.J / I IO-lb-&~ BW , i I ! / . ~,l I I . ^ :r' < 1\(- ..'\,' . - - -..... . '. <-r -..J/ seA l E: J II : 60' S TR~c.1UR.E" J \ L TOU.R. f3oA, .~ SA R6E FAOL/iY wi .'1' X '10' 5TRucTU~E \ /U' 5T. CROIX R / V t-~ * PK OpoSflL plJ5f J C__OpCK 1:>~UEj:; TO IH E ~ /r=-- of- .....--. ~TlLL WnTER. i,;-~";}.-rz.J . -:5u .V ~- 19 ~ z -- __________ TouR BOAr ~l . \ 1 L - S HA pr D \ -If) - Or'::~ /55/1Ff:'u \ -DO(K.rlli~L_LJVJlTE~ .1JA f /J~ PJI N r;Lfs--:ws- p:;) --- .SHOWbDHT :/'_"7' - 1'-"" - C -.J ~~ '." I. !I---/t-Y'""Y "/. .:>;/ . . '/ '.' ,. I /1 i. I I PROPOSAL FORM FOR SIDEWALK SNOW REMOVAL CITY OF STILLWATER /0 /~5/'lrt I BIDS TO. BE OPEN 2:00 p.m., Friday, October 28, 1988 , 1988 Gentlemen: The undersigned being familiar with your local sidewalk conditions, having made all necessary investigations and being familiar with all other factors affecting the conditions for sidewalk snow removal hereby proposes and agrees: A. To supply and operate in accordance with the specifications prepared by the City of Stillwater, dated October 12, 1988, a Bobcat (or equivalent) with snowblower, bucket or 'angle blade for removal of snow from the sidewalks located within the following zone(s). NOTE: Check ( ) the appropriate zone: I. ONE (1). . . TWO (2). . THREE (3). FOUR (4) . .. / ':~ i B. That the unit (per hour) price shall be as follows for each zone checked in A above: ZONE UN IT PRICE ONE (1) $ 35~ per hour TWO (2) $ 3~~ per hour THREE (3) $ ';3 ~ 0'" per hour FOUR (4) $ '3 5"' o~ per hour C. That the estimated time to remove a four inch (4") accumulation of snow of average weight and density from a-zone is as follows (NOTE:- ESTIMATE TIME ONLY FOR THE ZoNE(S) FOR WHICH A BID IS SUBMITTED): ZONE .,J ESTIMATED TIME ONE (1) TWO (2) THREE (3) FOUR (4)' ~hours hours hours ... hours il & II :::)~ hovr~ To-t~ \ y- eachc..zone separatelY, altogether or ()rv' 3'1 how-~ -rot ~ I &" - fY1 D. That the City" may award a bid for for a combination of zones. i. ! /-f{ - ktl E. That prices bid wil be firm and in effect throughout the winter season of 1988-1989 . F. To furnish a cashier1s check or cash deposit in the amount of $100 payable to the City !of Stillwater, Minnesota, and the same is subject to forfeiture in th event of default or failure to execute the prescribed contract within fifteen (15) days after submittal of the contract to me by t e City. G. That the undersigne is familiar with the "Start-up Time" requirements of theJspecifications. That it is understo d that bids may not be withdrawn for a period of thirty (30) days afer the date and time set for the opening of bids. It is also understoQd that the CIty Council reserves the right to retain the certifieq check or cash deposit of the three lowest bidders as determin~d by the City Council for a period not to exceed thirty (30) days afler the date set for the opening of bids. That in submitting his bid it is understood that the City Council reserves the right 0 reject any and all bids, to waive irregularities and informalities therein, and to award the contract to the best interests of the City. H. 1. Respectfully submitted, 'fx:,Jz'S Gro\.A.Js Vl1~lJJf(a corporation) (a partnership) . By ~\~ bC)~E- Title ()Wr0~ ~t 1? s \N d- "J-.. S+'. Bus iness Address W'-'" \ -\- ~ e:, ~ Lc.. 'f::.. <i..- M"" Ss- I / 0 ,) 4d9-7~O 7 telephone number Dated j{)hs-/'l Y / / . . . . M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK NOVEMBER 14, 1988 RATIFICATION OF COUNCIL POLL City Coordinator Kriesel polled the Council on November 9, 1988 for approval of a Change Order to the Forest Lake Contracting, Inc. contract (L. 1. 240 and L.I. 250) to repair a storm sewer at McKusick Lake Road and Towne Circle Road at an estimated cost of $2,100.00 and to construct a storm sewer outlet to Heifert Pond in the Oak Glen 8th Addition at a cost of $18,000.00. All Council members voted in favor of the Change Order. Tonight, I would like a motion from Council ratifying this action in order that it may appear in the minutes. ~xecutive Officer's Name, Ie Thorshe.i rY\ Type of Organization o Fraternal _ [J Veterans "". - 0 Religion _.-)5 Other Nonprofit Organization _,~' ~ttach proof of three years existence.- ~iojlfame D \ l c..IfD"\ ''/. ~ress <2 . r.O. I..)c,i Na7f ~rMes wher/~Ke:.cur\ Game Bingo . ffles Paddlewheels Tipboards Pull-Tabs Use of Profit ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and will become effective 30 days from the date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which specifi- cally disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. CITY OR COUNTY TOWNSHIP Township Name (Must be notified when County is the approving body) Name of Local Governing Body (City or County) L'"'l.-:::0i c:/) ~_L{'~. LLe, t-,-J.L:-<-- .i~na~tJre q'f Person ReC~iving ~p~lication ( j,./ ["C.1,(./) :.;,...y ~'L-,_/ -''/'--tC.;/,'.v,J Title, ".. /J ! ./ I' I'. (, ;' _.' /-.,., 0<, /V t. /R,?' / '-....f./'~) --- ~-"-~' ~ ////0 /fJf Signature of Person Receiving Application Date Received Title Date White - Board Pink - Organization Canary _ Board returns to Organization to complete shaded areas. Gold - City or County . CG-00020'Ol (6/87) ..\~. _~;~;...,;._-",,_,u;.-.,.--,~ CHANGE ORDER . ENCINEERS. ARCHITECTS. PLANNERS 222 EAST LITTLE CANADA ROAD, 5I PAUL, MINNESOTA 55117 612 484-0272 OWNER OWNERS PROJECT NO. PROJECT DESCRIPTION LI 240 and 250 DATE 11/11/88 CHANGE ORDER NO. 1 SEH FILE NO. 8804 3 City of Stillwater Industrial Park Drainaqe Improvements The following changes shall be made to the contract documents Description: 1. Construct storm sewer in Oak Glen 8th addition to provide an outlet for Heifort's Pond. 2. Repair LP catch basin on McKusick Lane Rd. No. Purpose 01 Change Order: 1. To compensate the contractor for extra work incurred by the storm sewer construction. 2. To compensate the contractor for time and materials required to repair the catch basin. Basis of Cost: . o Actual Xi Estimated See Attached. Attachments (fist supporting documents) Contract Status Original Contract Net Change Prior C O.'s Change this Co. Revised Contract Time N/A Cost 69,526.80 to N/A 20,310.00 89,836.80 Recommended for Approvalc Short-Elliott-Hendrickson, Inc. By r W~ Agreed to by Contractor: Approved for Owner: ~/ By, .. -...~ C'~ (l. OL:U~ A~~;tt..,(.BY . Title .--I-p. ~. By Distribution Contractor 2 Owner Project Representative SEH Office SHORT ELLIOTT HENDRICKSON INC. 5T PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN r' > ' ,\-<"" ~ ..... .''/ . . . Basis of Cost (Estimated) 1. Construct Storm Sewer Materials Granular Bedding L.S. L.S. L. S. 2. Reconstruct L.P. Catch Basin (Time and Materials) Est. Cost Total Change Order $ 13,310.00 3,330.00 1,560.00 $ 18,200.00 $ 2,110.00 $ 20,310.00