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1990-08-21 CC Packet
• • • AGENDA STILLWATER CITY COUNCIL August 21, 1990 REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL 7:00 P.M. APPROVAL OF MINUTES - Special Meeting - July 24, 1990 Special Meeting - July 31, 1990 Regular & Recessed Meetings - August 7, 1990 INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS 1. Finance Dept. a. Resolution adopting proposed Budget for 1991. b. Resolution adopting Proposed Tax Levy for the year 1991. c. Resolution adopting Capital Outlay Budget & Amended 1990 Capital Outlay Budget. d. Resolution declaring costs to be assessed & ordering preparation of Proposed Assessment for L.I. 256 e. Resolution for Public Hearing on Proposed Assessment for L.T. 256. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance request to the size requirements for the placement of a projecting sign (six ft. required, twelve ft. proposed) on the southwest corner of the Grand Garage at 324 So. Main St. in the CBD, Central Business Dist., Bob Tanner, Applicant. Case No. DR/V/90-45. Notice of the hearing was published in The Courier on August 9, 1990 and mailed to affected property owners. 2. Informational Hearing - Mulberry Street Improvement, L.I. 254. UNFINISHED BUSINESS 1. Board of Appeal - Fire Code recommendations regarding capacity for Popeye's Bar & Restaurant, Stillwater Yacht Club. 2. Complaints regarding easement & walkway on vacated Oak St. between Grove and Hemlock Streets. 3. Resolution Authorizing concurrent Detachment & Annexation of Certain Lands located in the City of Oak Pk. Heights, (in regard to Washington Co. Gov't. Center). 4. Consideration of Agreement with Maxine Benson relating to the Benson Annexation. 5. Request for lease and/or purchase of City property adjacent to the Lowell Inn. 6. Possible second reading of Ordinance raising Council salaries. 1 7. Recommendation regarding increasing Building Permit Fees. 8. Letter to Dept. of Interior regarding comments on the State Trunk Highway 36 Bridge Draft Environmental Impact Statement. 9. Discussion of Cost Estimate and Proposal for preparation of a Graphic depicting the Central Cooridor Bridge Impact on Downtown Stillwater. NEW BUSINESS 1. Resolution accepting work and Final Payment to Visu-Sewer Clean & Seal, Inc. for televising of Downtown sewers, L.I. 257. 2. Appointment of members to replace Jack Shelton and Jean Remington on the Downtown Action Committee. PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 8338) 2. Applications (List to be supplied at meeting). 3. Application for Waiver of Garbage & Rubbish Collection Charge, Code No. 3-565. 4. Gambling License Renewal Application - American Legion. 5. Set Public Hearing Date of September 4, 1990 for the following Planning Cases: a. CASE NO. V/90-43 - Variance to the maximum lot coverage for all accessory buildings on a lot (1,000 square feet required, 1,350 square feet proposed) for the construction of a 960 square foot garage at 936 Fifth Avenue South in the RB, Two Family Residential District. Thomas Gorman, Applicant. b. CASE NO. SUB/90-44 - Subdivision of two lots in order to add approximately 32 feet to the width of one lot and decrease the width of the other lot by 32 feet. These lots are located on the Northwest corner of the Frontage Road and Tuenge Drive in the IP-C, Industrial Park Commercial District. Richard Brackey, Applicant. c. CASE NO. V/90-46 - Variance to the fence height requirements on a street side outside the building line (42 inches required, six feet requested) for the placement of a fence seventeen feet from William Street at 901 West Pine Street in the RB, Two Family Residential District. Rahul and Diane Mehra, Applicants. d. CASE NO. SUB/90-47 - Minor subdivision of a 22,800 square foot lot with a multi -family residence, five units, and residential Carriage House, into two lots consisting of 7,600 square feet with a home and 15,200 square feet with a residential Carriage House at 506 West Pine Street in the RB, Two Family Residential District. Clark Nyberg, Applicant. e. CASE NO. SUB/90-48 - Subdivision of an 8.7 acre lot into two lots of approximately 2.5 and 6.2 acres at the Northwest corner of Washington Avenue and Curve Crest Boulevard in the IP-I, Industrial Park Industrial District, James E. Kellison, Curve Crest Properties, Applicant. f. CASE NO. V/90-49 - Variance to the sign location requirements (15 feet required, one foot requested) for the placement of a four foot eight inch monument sign at 1809 Northwestern Avenue in the IP-CI, Industrial Park Commercial One District. James E. Kellison, Curve Crest Properties, Applicant. 2 9• CASE NO. SUP/90-50 - Special Use Permit for wholesale auto parts distribution for use located on the northwest corner of Curve Crest Boulevard and Washington Avenue in the Business Park Industrial District. Curve Crest Properties, Applicant. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS 1. Request from resident to close off the Levee Rd. for park purposes. 2. Elizabeth Luedtke, 922 W. Maple St., drainage problem. 3. Sterling McKusick, inquiry regarding extent of improvements in Stillwater in 1991. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT • • • • • SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES July 24, 1990 The meeting was called to order by Mayor Abrahamson. 7:00 p. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter Fire Chief Seim Finance Director Blazek Parks Director Biekum Comm. Dev. Director Russell Recording Secretary Schaubach Others: Lynn Bertalmio Press: Julie Kink, The Courier 1991 BUDGET WORKSHOP Finance Director Blazek explained to Council that the 1991 requested expenditures (excluding capital outlay) exceed the estimated revenue by $393,243. Council reviewed the budget requests by department and discussed the requests with the individual department heads. City Coordinator Kriesel was directed to meet with department heads to trim the budgets to meet revenues. (Council took a five-minute recess and reconvened at 8:40 pm) STAFFING AND FACILITIES STUDY Council discussed a proposal from Tennessen Associates for a Staffing and Facilities Study for approximately $38,000. It was determined that other proposals should be obtained. FINANCIAL SUPPORT FOR CONCERTS IN LOWELL PARK Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to contribute $1,000 for concerts in Lowell Park, with the understanding that the cost of police protection during the concerts will be paid from the City contribution. (All in favor) OTHER BUSINESS City Coordinator Kriesel informed the Mayor and Council that Transportation Commissioner Len Levine has declined the City's invitation for a personal visit to look at the bridge and traffic problems downtown. Mr. Levine apparently is Stillwater City Cou Special Meeting July 24, 1990 ncil Minutes concerned about the perception that he is being lobbied by special interest groups. DOWNTOWN IMPROVEMENT PLAN City Attorney property owned footage used t property owners Improvement P1 footage they m the petition. sufficient for Magnuson informed Council that the downtown by the City is included in the total downtown o determine the sufficiency of 35% of downtown signing the petition in favor of the Downtown an. If the Council wants to include this ust determine if the City will be a signer of Mr. Magnuson said that a 3/5 vote would be including the City property. DOWNTOWN PARKING PLAN Motion by Councilme to adopt the approp zones downtown and and setting parkin outlined. (Resoluti mber Opheim, seconded by Councilmember Kimble riate Resolution establishing parking permit at McKusick Lake Park as previously outlined g permit fees and parking fines as previously on No. 8325) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None BUDGET WORKSHOP Motion by Councilme to set Tuesday, Jul in favor) ADJOURNMENT mber Kimble, seconded by Councilmember Farrell y 31, 1990 at 4:00 for a Budget Workshop. (All Motion by Councilmember Kimble, seconded by Councilmember Farrell to adjourn the meeting at 9:40 p.m. (All in favor) ATTEST: CITY CLERK Resolutions: No. 8325 - Establis hing Parking Permit Zones MAYOR '_3 • SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES July 31, 1990 The meeting was called to order by Mayor Abrahamson. 4:00 p.m. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 4:30), Opheim, and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Blazek Asst. City Planner Pung-Terwedo Public Works Director Junker Ice Arena Manager Bielenberg Press: Mike Marsnik, Stillwater Gazette DISCUSSION OF 1991 BUDGET Council met with Public Works Director Junker and Ice Arena Manager Bielenberg to discuss their budget requests for 1991. City Finance Director Blazek explained the increases from 1990. Mr. Junker agreed to reduce his budget request by $34, 127 by deleting his request for a light equipment operator. Council directed City Coordinator Kriesel and Finance Director Blazek to work with department heads to reduce expenditures or increase revenues for a balanced budget and have the revised budgets available for the Council's next meeting on August 7. DOWNTOWN IMPROVEMENT PLAN City Attorney Magnuson explained the procedure for determining the sufficiency of affected downtown property owners signing the petition in favor of the Downtown Improvement Plan. The petition requires the signatures of 35% of affected property owners and to date the City had received a petition from approximately 37% of the property owners. Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate Resolution certifying that the petition is adequate. (Resolution No. 8326) Ayes - Councilmembers Farrell, Kimble, and Opheim Nays - Councilmembers Bodlovick and Mayor Abrahamson Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate Resolution confirming the action taken on July 17, ordering improvement and preparation of plans, L.I. 257, Downtown Improvement Plan, Phase I. (Resolution No. 8327) 1 • Stillwater City Cou Special Meeting July 31, 1990 Ayes - Councilmembe Nays - Councilmembe OTHER BUSINESS Stillwater Bridge - Council discuss the Interior Council direc Transportation and reconfirmi Stillwater brid ncil Minutes rs Farrell, Kimble, and Opheim rs Bodlovick and Mayor Abrahamson ed the recent statement from the Department of in opposition to a new Stillwater bridge. ted staff to prepare a letter to the Commissioner expressing the Council's views ng the Council's position in favor of a new ge. Cottages of Stillwater - Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the concept of giving preliminary assessment costs to Harold Teasdale, Cottages of Stillwater, as requested. (All in favor) ADJOURNMENT Motion by Council Farrell to adjourn ATTEST: member Bodlovick, seconded by Councilmember the meeting at 5:25 p.m. (All in favor) CITY CLERK Resolutions: MAYOR No. 8326 - Certifying the adequacy of Downtown Improvement Plan petition No. 8327 - Ordering Downtown Improvement Plan, L.I. 257 Submitted by: Shelly Schaubach Recording Secretary • REGULAR MEETING STILLWATER CITY COUNCIL MINUTES August 7, 1990 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodiovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Parks Director Blekum Public Works Director Dunker Public Safety Director Mawhorter Fire Chief Seim City Clerk Johnson Press: Julie Kink, The Courier Others: Dennis Balyeat, Washington Co. HRA; Scott Zahren, Trumps INDIVIDUALS & DELEGATIONS 1. Dennis Balyeat - Orleans Terrace, Senior Project. Dennis Balyeat, Washington County HRA, was present to explain and obtain concurrence from Council regarding the proposed Orleans Terrace Senior Project and Community Center which would be located on the former Arkell site. They would try to keep the rent as low as possible so no one would get turned down for housing. Discussion followed and Council looked favorably on the proposed project. 2. Trumps Vending in Lowell Park In regard to a question received from a resident regarding vending of food items in the park on Wednesdays and weekends, Scott Zahren, Trumps Bar & Restaurant, explained that this was approved by Council for Wednesdays during the August concerts in the park and was a way to offset costs as the proceeds go back to the Downtown Council. Council concurred with the permit granted for Wednesdays, but stated this should discontinue on weekends. STAFF REPORTS 1. Finance Director - Special Assessments for Augustine Property, L.I. 251 1 Stillwater City Council Minutes Regular Meeting August 7, 1990 Motion by Councilmernber Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution authorizing the reassessment of the Augustine property in Forest Ridge Addition, L.I. 251. (Resolution No. 8330) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Fax Machine Motion by Councilmember Opheim, seconded by Councilmember Bodlovick, to ap- prove the purchase of a Fax machine for City Hall at an approximate cost of $1,625. (All in favor). Gov't. Finance Officer's Conference Motion by Councilmember F rrell, seconded by Councilmember Bodlovick to author- ize attendance of Finance Director Deblon at the Gov't. Finance Officers Assn. conference in Alex ndria on Sept. 19-21. (All in favor). 1991 Budget A short discussion followed regarding the budget and Capital Outlay items. Council set a special meeting for discussion of the budget on August 14, 1990 at 4:00 P.M. in the City Hall Council Chambers. 2. Public Works Director - Sidewalk Repair Public Works Director Junker stated he is listing the sidewalks in the City that require repair. He will contact residents to alert them to repair their sidewalks or the City will do so. Claim Against the City from Michael Frei Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to refer the claim from Michael Frei for ruined clothing and injured back during a fall on a City sidewalk to the City's insurance agent. (All in favor). 3. Fire Chief - No report. 4. Parks Director - No report. 5. Public Safety Director - DARE Program Motion by Councilmember Farrell, seconded by Councilmember Opneim to create a special fund for the DARE Program. (All in favor). 6. Community Development Director Windmiller Pool Fence 2 • Stillwater City Council Minutes Regular Meeting August 7, 1990 Mr. Russell stated the pool fence on the Windmiller property is being handled through a contract with Sears and will be built soon. Mr. Russell will contact Jack Dielentheis, neighbor, to inform him of this. Sewer Permit for Cottages of Stillwater, Phase III & Orleans Terrace Mr. Russell announced that permits have been issued for these two projects by the Pollution Control Agency. Star City Annual Conference Council concurred with the attendance of Staff at the annual Star City confer- ence at the Minneapolis Hilton. 7. Consulting Engineer Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to author- ize Short -Elliott -Hendrickson, Inc. to work with the businesses in the Industrial Park regarding access to Highway 36. (All in favor). 8. City Coordinator Discussion followed regarding the purchase of a new video camera. Fire Chief Seim will check to see if the new cameras imprint date and time on the film and report to Council. RECESS Motion by Councilmember Farrell, seconded by Councilmember Kimble to recess the meeting at 5:35 P.M. (All in favor). ATTEST: CITY CLERK MAYOR Resolutions: No. 8330 - Reassessment of the Augustine property, L.I. 251. 3 • • RECESSED MEETING STILLWATER CITY COUNCIL MINUTES August 7, 1990 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: Press: Others: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Planning Commission Chair Fontaine Public Safety Director Mawhorter City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Harry Peterson, Mr. & Mrs. Gary Funke, Clayton Patterson, Dennis Sullivan, Janet Schell, Richard Kilty, Jennifer Tschumper, Anita Samson, Homer Bruggeman, Dan Michaelis, Greg Lindow, Bob Marois, Dave Carlson. APPROVAL OF MINUTES - Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the minutes of the Special & Recessed Meetings of June 26; Regular & Recessed Meetings, July 3; Special Meeting, July 5; and Regular Meeting, July 17, 1990. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Anita Samson, Chairperson, Lumberjack Days - Summary of Lumberjack Days Activities, 1990. Ms. Samson presented a summary of the activities of Lumberjack Days and also answered the criticisms regarding the hiding of the medallion out of the City and the fence around the food area in Lowell Park with admittance only with a LJ Days button. She suggested the Council, or representative of the Council, meet with the LJ Days Committee next year for a smoother operation. Tom Lillesvy, Northland Ave., suggested the Chamber contact other communities to contribute toward the festival. Ms. Samson stated these communities had contributed. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing for consideration of a Special Use Permit to conduct an over -the -phone sales and service out of a 1 Stillwater City Council M'nutes Recessed Meeting August 7, 1990 home at 1114 Sixth Av LaCasse and Rohn L. M Notice of the he and copies were maile Mr. Russell explained the home of Mr. Moret phones and assist on be using a shed on th the City doesn't appr Motion by Councilmember F prove a Special Use Perini of a home at 1114 Sixth A out the requested shed an Applicants. Case No. SUP 2. This is the day and t for a Variance to the (1,000 square feet al construction of a gar Family Residential Di Notice of the he and copies were maile Mr. Russell explained single-family lot whi Fontaine stated the P were no public commen Motion by Councilmember B the request for a Varianc ing (1,000 square feet al tion.of a garage addition dential District, as cond (All in favor). 3. This is the day and t the sideyard setback for the construction Two Family Residentia Notice of the he and copies were maile . So. in the RB, Two Family Residential Dist. Sheri retter, Applicants. Case No. SUP/90-38. ring was published in The Courier on July 26, 1990 to affected property owners. the applicants will be operating the business from er and they need a part-time employee to answer articular jobs. They had suggested that they would property to store supplies, but will not do so if ve. Mayor Abrahamson closed the public hearing. rrell, seconded by Councilmember Bodiovick to ap- to conduct an over -the -phone sales and service out e. So. in the RB, Two Family Residential Dist., with - as conditioned, Sheri LaCasse and Rohn L. Moretter, 90-38. (All in favor). 'me for the Public Hearing to consider the request maximum lot coverage for an accessory building owed, 1,344 square feet requested) for the ge addition at 1341 Dallager Court in the RA, Single trict. Dan Michaelis, Applicant. Case No. V/90-40. ring was published in The Courier on July 26, 1990 to affected property owners. this request is for an over -sized garage on a h was the site of the Simonet Subdivision. Mr. anning Commission approved the request and there s. Mayor Abrahamson closed the public hearing. dlovick, seconded by Councilmember Kimble to approve to the maximum lot coverage for an accessory build - owed, 1,344 square feet requested) for the construc- at 1341 Dallager Court in the RA, Single Family Resi- tioned. Dan Michaelis, Applicant. Case No. V/90-40. me for the Public Hearing to consider a Variance to equirements (three ft. requested, five ft. required) f a detached garage at 519 W. Pine St. in the RB, Dist. Walter Hagen, Applicant. Case No. V/90-41. ring was published in The Courier on July 26, 1990 to affected property owners. Mr. Russell stated th request is to replace an existing single car garage with a new 24 ft. by ►4 ft. garage. Mr. Fontaine stated the Planning Commission approved t e request because it is a legitimate hardship. 2 • Stillwater City Council Minutes Recessed Meeting August 7, 1990 Joe Forrest, 521 W. Pine St., stated he is against the request because it would infringe on his property. After explaining to Mr. Forest that the plan is for the other side of the lot, he stated he has no objections. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to ap- prove a Variance to the sideyard setback requirements (three ft. requested, five ft. required) for the construction of a detached garage at 519 W. Pine St., as conditioned, in the RB, Two Family Residential Dist., Walter Hagen, Applicant. Case No. V/90-41. (All in favor). Council recessed for ten minutes and reconvened at 8:10 P.M. UNFINISHED BUSINESS 5. Final Plat Approval for the Gardens First Addition, located north of McKusick Rd. between the Greens Townhomes and Oak Glen Townhomes in the 0ak Glen PUD, Bruggeman Construction Co. Case No. SUB/90-33. Council took this item out of sequence. Mr. Russell presented a summary of this request, stating the City conceptually approved a 62-lot Townhouse PUD, and approved the First Addition for 14 lots on June 19. The applicant is requesting a 22-lot, 20 residential unit Final Plat by adding Block 2 to the Final Plat First Addition, and Mr. Bruggeman nas agreed to all conditions. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving Final Plat and conditions for the Gardens First Addition, located north of McKusick Rd. between the Greens Townhomes and 0ak Glen Townhomes in the Oak Glen PUD, Bruggeman Construction., Case No. SUB/90-33. (Resolution No. 8331) Ayes - Councilmembers Bodlovick, Farrell, Kimble, 0pheim and Mayor Abrahamson. Nays - None 1. Discussion of Poplar St. Drainage Project, L.I. 264. Consulting Engineer Moore summarized the drainage problems and possible solutions. After the public hearing it was determined that the best solution was to provide a pipe across the Schell and Dauffenbach properties to accommodate the drainage from the 24-in. culvert under Poplar St. and from the proposed Dauffenbach subdivision. Mr. Moore further explained the need for two catch basins to facilitate the drainage. The areas contributing to the drainage in this configuration, Alternate 2, would be the Country Club, Dauffenbach, Schells, and the Muellers with a cost of approximately $14,965 and the City can, therefore, receive quotes. Tom Brekke, representing Janet Schell, stated Ms. Schell is concerned now deep the pipe will be placea under her property because at some future date she may wish to change the structure of her house and would be 3 Stillwater City Council Minutes Recessed Meeting August 7, 1990 limited in doing so. Council advised her that to order one of the other options would require a petition with 35% of her neighbors signing or 4/5 vote of the Council. Mr. Moore stated his plan would still allow a house to be built on the property. Council and Staff discussed procedure. City Attorney Magnuson suggested the Council identify a drainage area by ordinance, adopt it as a watershed district and ad valorem taxes can be used to pay for a storm water improvement. Mr. Magnuson also stated the Council has six months time from the date of the public hearing in which to order the improvement. Motion by Councilmember Kimble, seconded by Councilmember Farrell to table a decision on the Poplar St. Drainage Project, L.I. 264, until a later date. (All in favor). 2. Approval of Development Agreement between the City and Mark Desch for a Project at the Northeast corner of Mulberry & Main St. City Attorney Magnuson stated the development is well under way. He further explained the portions of the agreement. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the agreement between the City and Mark Desch for a project at the northeast corner of Mulberry & Main St. and authorizing the Mayor and Clerk to sign. (Resolution No. 8332) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Possible second reading of Noise Ordinance. City Attorney Magnuson summarized the contents of the ordinance, stating it had been reviewed by a sound engineer. It is estimated that a sound meter will cost approximately $2,000 for purchase and training. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of an ordinance, relating to noise, providing for the elimination and prevention of prohibited noise and imposing penalties for violation. (Ordinance No. 728). Ayes Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Dan Nelson, representing the Dock Association at the Stillwater Yacht Club, was present to discuss the recent problems in the marina, requesting that the City Council acknowledge that the docks are private property in the City which will afford them police protection. City Attorney Magnuson assured them they are part of the City. 4 Stillwater City Council Minutes Recessed Meeting August 7, 1990 Discussion followed regarding Popeye's Bar & Restaurant and the Fire Dept. inspection wherein the Fire Dept. questions their capacity. Bob Marois, representing Popeye's, stated they just became aware of the capacity limits and if they are limited, cannot continue to operate. Also discussed was the Beer Wagon they have had outside this summer. Council explained the Fire Dept. is currently doing an inventory of all bars and restaurants in the City. Mr. Marois stated the Beer Wagon was used because they needed a cooler to store the beer when the river came up and they are putting people into the front yard on Friday and Saturday nights. Comm. Dev. Director Russell stated they need City permission to do this. Further discussion followed regarding another exit and DNR permission to make changes. Council directed Bob Marois and Greg Lindow to meet with the Fire Dept. and Community Development Director to resolve the problems. Council directed Staff to provide information on other bars and restaurants in the City that are being inspected. 4. Possible second reading of ordinances regarding the following Zoning Text and Map Amendments for the Stillwater Industrial Park Area: Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of the following Zoning Ordinances: Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None a. Zoning Text Amendment rescinding the IP-I Industrial Park Industrial Zoning Dist. and replacing it with a BP -I Business Park Industrial Dist., Case No. ZAT/90-2. (Ordinance No. 729). b. Zoning Map Amendment designating lands in the Stillwater Business Park BP -I, Business Park -Industrial Dist., Case No. ZAM/90-2. (Ordinance No. 730). c. Zoning Text Amendment rescinding the IP-C1 Industrial Park Commercial One Dist. and replacing it with the BP-0, Business Park Office Dist., Case No. ZAT/90-3. (Ordinance No. 731). a. Zoning Map Amendment designating lands in the Stillwater Business Park BP-0, Business Park Office Dist., Case No. ZAM/90-3. (Ordinance No. 732). e. Zoning Text Amendment rescinding the IP-C Industrial Park -Commercial and replacing it with the BP-C Business Park Commercial Dist., Case No. ZAT/90-4. (Ordinance No. 733). 5 Stillwater City Council Minutes Recessed Meeting August 7, 1990 f. Zoning Map Amendment designating lands in the Stillwater Business Park BP-C, Bus. Park Commer. Dist., Case No. ZAM/90-4. (Ordinance No. 734). 6. Possible second reading of an ordinance amending the City Code in regard to delinquent or corrected sewer availability charge. Motion by Councilrnember Farrell, seconded by Councilmember Bodlovick to have a second reading and enactment of an ordinance amending the City Code regarding delinquent or corrected sewer availability charges. (Ordinance No. 735) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 7. Approval of Household Hazardous Waste Collection Agreement with Washington County. Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the Joint Powers Agreement for Household Hazardous Waste Collection between Washington County and the City; and to correct the date of collection to Sept. 8, 1990 and the place of collection to be the Lily Lake complex. (All in favor). 8. Resolution Authorizing Concurrent Detachment & Annexation of Certain Lands located in the City of Oak Park Heights, (in regard to Washington County Gov't. Center). Motion by Councilrnember Opheim, seconded by Councilrnember Farrell to table the proposed resolution authorizing concurrent detachment and annexation of cer- tain lands located in the City of Oak Park Heights for construction of the Washington County Gov't. Center until the next regular meeting. (All in favor). NEW BUSINESS 1. Request for one year deferral of Special Assessments - Forest Ridge Addition. This item was discussed at the afternoon meeting. 2. Request for lease and/or purchase of City property adjacent to the Lowell Inn Motion by Councilmember Farrell, seconded by Councilrnember Bodlovick to table the discussion for lease and/or purchase of City property adjacent to the Lowell Inn to the next regular meeting. (All in favor) Council directed that lighting be placed in the new parking lot on Mulberry St. 3. Possible resolution ordering the Feasibility Study for L.I. 261, McKusick Lake Rd. and Neal Ave. improvements. 6 Stillwater City Council Minutes Recessed Meeting August 7, 1990 Mr. Moore explained this will be a project which the City will do in conjunction with Washington County and FAU and MSA monies will be used. The City will do the plans and specs and the County will hold public hearings in October. Motion by Councilmember Opheim, seconded by Councilmember Kimble to adopt the appropriate resolution ordering the Feasibility Study for L.I. 261, McKusick Lake Road and Neal Ave. (Resolution No. 8334) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4. Possible first reading of an ordinance amending Chapter 22.03 of the City Code, Salaries of Mayor and Council. Motion by Councilmember Farrell, seconded by Councilmember Opheim to have a first reading of an ordinance raising Council salaries $100.00 per month, be- ginning in 1991. (All in favor). 5. Discussion with City Engineer regarding possible loss of MSA funds. Mr. Moore initiated discussion of several projects with which the City could proceed in order to make use of MSA funds without forfeiture. Motion by Councilmember Opheim, seconded by Councilmember Kimble to authorize the expenditure of MSA funds in the amount of $9,600 for signal work at Washington Ave. and State Highway 36. (All in favor). Ordering Partial Improvement of Mulberry St., L.I. 254 Motion by Councilmember Kimble, seconded by Councilmember Farrell to adopt the appropriate resolution ordering the improvement, directing the Engineer to prepare plans and specs and advertising for bids for partial improvement of Mulberry St., L.I. 254,to No. Everett St. (Resolution No. 8335} Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the Consent Agenda of August 7, 1990, including the following: (All in favor) 1. Directing Payment of Bills. (Resolution No. 8329) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses. AAA Pollution Control, Inc. Septic System Install. New 1525 S. Sterling St. St. Paul, Mn. 55119 7 Stillwater City Council inutes Recessed Meeting August 7, 1990 American Remodeling, Inc. 4949 W. Royal Lane Irving, Tx 75063 Berwald Roofing 2440 No. Charles St. North St. Paul, Mn. 550:2 Cates Construction 860 W. Sycamore St. Stillwater, Mn. 55082 Thomas Finn Co. 615 Drake St. St. Paul, Mn. 55102 Hallmark Const. Home Rep.ir 1637 E. 47th St. St. Paul, Mn. 55106 Industrial Sprinkler Cor 2366 Rose Place St. Paul, Mn. 55113 Glen Johnson Const., Inc. 40 Peterson St. Houlton, Wi 54082 Jonk Masonry, Inc. 461 180th Ave. Somerset, Wi 54025 Krongard Construction 1056 Curvecrest Blvd. Stillwater, Mn. 55082 Daniel Kuckler Construction 14258 0ldfield Ct. Stillwater, Mn. 55082 Wayne A. Langness 10752 Stone Bridge Tr. Stillwater, Mn. 55082 M & M Construction 210 Sunrise Dr. Somerset, Wi 54025 General Contractor Roofing General Contractor Roofing General Contractor Renewal Renewal Renewal Renewal New Fire Protection Systems Renewal General Contractor Renewal Masonry Renewal General Contractor Renewal General Contractor Renewal General Contractor Renewal General Contractor New 8 • Stillwater City Council Minutes Recessed Meeting August 7, 1990 Pacesetter Corp. General Contractor Renewal 4343 So. 96th St. Omaha, Ne 68127 Peterson Const. of Western Wis. General Contractor Renewal 128 E. Third St. New Richmond, Wi 54017 Register Carpentry General Contractor Renewal 7857 Newberry Ct. No. Stillwater, Mn. 55082 Sussel Corporation General Contractor Renewal 1920 Como Ave. St. Paul, Mn. 55108 Hank Weidima Excavating Excavators New 4500 101st Ave. No. Brooklyn Park, Mn. 55443 Young Construction General Contractor New 16618 Upper 4th St. Lakeland, Mn. 55043 3. Appointing Election Judges and setting salary. (Resolution No. 8328) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4. Towing License for B & A Towing, 2931 Quant Ave. No. 5. Permits to Consume were granted to the following: a. Michelle O'Reilly & party - August 4, 1990, Pioneer Pk., 25 people 2814 4th Ave. No., Minneapolis, Mn. b. Stillwater Fire Dept. - July 27, 1990, Washington Pk., 40 people after Firemen's water battle at Ramsey/Grove Pk. c. Kathleen Olson Wedding Party - August 17, 1990, Pioneer Pk., 25 people, 4580 W. Arm Blvd., Spring Park, Mn. COUNCIL REQUEST ITEMS Wild Animals on a leash in public Mayor Abrahamson initiated discussion of a cougar held on a leash in Public. City Attorney Magnuson will research the law regarding large wild animals being kept as pets. 9 Stillwater City Council Minutes Recessed Meeting August 7, 1990 New River Bridge Council directed Staff to draft another letter to State Commissioner Levine reinforcing Council position regarding construction and placement of a new River Bridge. STAFF REPORTS (continued) City Attorney - Driveway Licenses for Hubbards, Troyers & Gould Motion by Councilmember Bodiovick, seconded by Councilmember Farrell to adopt the appropriate resolution authorizing the issuance of tnree licenses to the Hubbards, Troyers and Joe Gould in order to construct and maintain a driveway on a portion of a public street in the City of Stillwater. (Resolution No. 8336) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Maxine Benson Property Annexation Mr. Magnuson updated :ouncil on this issue and how the taxes would be paid. Mr. Magnuson will work on the details of the Benson's request for deferred assessments. Walkway adjacent to Vacated Oak St., between Hemlock & Grove Streets Council will discuss the problems with the walkway and easement adjacent to a vacated portion of Oak St. between Hemlock and Grove Streets at the August 21, 1990 meeting. Council directed the City Attorney to review it. COMMUNICATIONS/FYI 1. Discussion of nuisance activities at Popeye's, Stillwater Yacht Club. This item was discussed earlier in the meeting. ADJOURNMENT Motion by Councilmember 0pheim, seconded by Councilmember Kimble to adjourn the meeting at 10:22 P.M. (All in favor). ATTEST: CITY CLERK MAYOR Resolutions: No. 8328 - Appointing Election Judges & Fixing Compensation No. 8329 - Directing Payment of Bills. No. 8331 - Final Plat, Gardens First Addition, (Bruggeman Project). 10 Stillwater City Council Minutes Recessed Meeting August 7, 1990 No. 8332 - No. 8334 - No. 8335 - No. 8336 - Ordinances: No. No. No. No. No. No. No. No. • Desch Development Agreement Approval. Order Feasibility Study for L.I. 261, McKusick Lk.Rd. & Neal Ave. Order Improvement, Plans & Specs, Ad.for Bids, L.I.254, Mulberry St Licenses for Driveway System, Schulenberg Park 728 - Noise Ordinance 729 - Zoning Ordinance Amendment, 730 - Zoning Ordinance Amendment, 731 - Zoning Ordinance Amendment, 732 - Zoning Ordinance Amendment, 733 - Zoning Ordinance Amendment, 734 - Zoning Ordinance Amendment, 735 - Sewer Availability Charge ZAT/90-2 ZAM/90-2 ZAT/90-3 ZAM/90-3 ZAT/90-4 ZAM/90-4 RESOLUTION NO. ADOPTING THE PROPOSED BUDGET FOR 1991 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed Budget for the General Fund is hereby adopted for the year 1991 with revenues and expenditures in the amount of $4,709,807. Adopted by Council this 21st day of August 1990. ATTEST: • • City Clerk Mayor • • • RESOLUTION NO. ADOPTED THE PROPOSED TAX LEVY FOR THE YEAR 1991 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $4,080,034 be, and the same is hereby levied against all of the taxable property of the City of Stillwater,_ Washington County, Minnesota for City purposes for the year 1991. Adopted by the City Council this 21st day of August 1990. Attest: City Clerk Mayor RESOLUTION NO. ADOPTING 1991 CAPITAL OUTLAY BUDGET AND AMENDED 1990 CAPITAL OUTLAY BUDGET BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the 1991 Capital Outlay Budget and the Amended 1990 Capital Outlay Budget is hereby adopted as presented in the attached Schedule A. Adopted by Council this 21st day of August 1990 ATTEST: • City Clerk Mayor • 1990-91 CAPITAL OUTLAY (1 PURCHASED ASSETS 21 31 ELECTIONS_ I4 Voting Machine • 5 6 ADMINISTRATION - FINANCE 1990 REVISED $100 ' File Cabinets $500 • 8 System 36 upgrades $10,000 s Hard_Disk 60g $3,900 70 Computer & Printer $7,847 11 FAX Machine $1,650 12 Paper Shredder (1/2) $250 13 Color Monitor $225 14 Software-Metafile $485 15 Microfiche Reader/Storage 16 (2) Typewriters • 17 Workstation & Desk 1^ 19 41. 4111 20 21 22 23 TOTAL PLANT/CITY HALL'. Air Conditioner Remodel City Hall 21 Miscellaneous $24,857 $0 $10,000 $500 $1,525 $2,000 $0 $0 a5 Security System • L5 27 20 2a 30 31 • 32 33 34 • 35 36 37 • • 3© Parking Lot Improvement Snowblower Roof Fire Hall Facility Space Study S19 44 41 `2 1991 REVISED $ 3,000 $10,850. $15,000 $0 $1,650 $37,000 $25,000 POLICE Portable Radios - 2 Siren Controls - 2 Squads w/Changeovers Computer(s) $0 $1,040 $25,559 $0 $600 $0 $51,822 $6,325 • • • 1990 1991 01111 1990-91 CAPITAL OUTLAY REVISED REVISED « PURCHASED ASSETS dip 2 =....-......= 1 3 Safe - Evidence Area 4 Police Vehicle Screens - 3 401 5 Paper Shredder (1/2) Typewriter 7 Camcorder 41, Ranger Radio Pre -Breath Testers Radar Gun ************ ************ $355 $156 $250 350 1300 1500 400 2000 TOTAL $27,360 $64,297 • FIRE Hoses & Pagers & Strainers $8,520 $0 Nozzles/Adaptors 1202 $0 Step Ladder 419 Fan/Stand 1700 Hurst Rescue Motor 2500 Printer 500 1 1 TOTAL • - CIVIL DEFENSE I Siren 411,7= PUBLIC WORKS -GENERAL $10,141 $4,700 $20,000 36000 .11.1 Draft Table $3,000 1111,1'* Tape Binders for Plans $500 1:7') PUBLIC WORKS -STREET " 3:' Dump' Truck Tax & License $2,704 11111 Sweeper or Grader $15.000 $90,000 Pavement Mgt Study $29,000 II' . Radios (3) $1,878 1-,- Paint Sprayer $3,176 _I Wood Chipper $7,000 te '. - Sickle Bar $750 1 I ' - • • • • 1990-91 CAPITAL OUTLAY PURCHASED ASSETS TOTAL PUBLIC WORKS -SHOP 1990 REVISED ************ $59,508 1 Gas Tank Removal & Replace $20.000 Brake Lathe & Engine Monit $4,595 Testing __Equipment _& .Tools TOTAL PLANNING AND INSPECTION 0111 Auto City (2) Map_.. Case T.V. V.C.R. Recorder Stand TOTAL GENERAL FUND ''I LIBRARY Landscaping Exterior Lights Printer Shelving 41111'= Microfilm reader/printer Info video ___display_ . DB Searching Pkg - Equipm - Training - Documentation 3 Chairs - 10 =" CD Racks 40 $24,595 1991 REVISED $90,000 $50,000 . $6,000__ $56,000 $183,586 $343,297 $4,000 $2,390 $400. $650 $3,000 $600 $0 $400 $200 $930 $500 $400 • • _= 1990 • 1990-91 CAPITAL OUTLAY REVISED (' I PURCHASED ASSETS y! I • • • a == Air /Humidifier______ Light Pen Telephone & Installation Fiche Cabinet Large Screen TV Photocopier Control Site _Equip/Lease Purchase Telecommunications Equipment Terminals (9) Improve Library Building____ * * * * * * * * * * * * • . PARK Picnic Shelter/Washington_ . $6,500 Playground Equip/Meadowlar $8,000 Tennis Wind Screens/Croixw $1,200 H. _D.__:1/2. T. Pickup __ $11,584 Infield Prep Machine $7,489 Trim Mowers - 2 $1,080 Cushioning Material/Various $8,700$18,000 Drinking Fountains (6) 7000 41 TOTAL $11,050 $700 $589 1991 REVISED $750 $0 $1,000 $2,300 $3,500 $23,333._ _. $10,000 $4,500 $2,883 $25,409 $48,666 TOTAL PARKING Desk & Chair Vehicle Emergency Lights Vehicle Lettering Jeep (Right Drive) Ranger Radio $44,553 $25,000_ $500 $500 $200 $10,000 $1,500 • 1990-91 CAPITAL OUTLAY PURCHASED ASSETS SEWER Revamp Lift Stations Pickup Truck LILY LAKE Bonse Improvements Compressor Refrigerator & Freezer Protective- Netting Re -Light Outside Arena TOTAL LAND.. PURCHASES_ North Main St (Zephyr) Armory TOTAL CAPITAL OUTLAY 1990 REVISED 1991 REVISED ************ ************ $50,000 0 75000 25000 $50,000 $100,000__ $5,000 $16,000 $1,000 $2,000 $24,000 $169,162 $496,710 5000 $5,000 300000 $834,663 Total Bond Issue $1,331,373 • illwater THE BIRTHPLACE OF MINNESOTA Pa4k4 hpt.- 44. /7, 1990 ne4mit4 to co name atchoho Uc beoe iac e4 ,i.a,a.cced 4,Lnce La4t 4e u -Laa cokncit meet-i-t : T ve.t Vattey eJ.ona Ctn.!) - P onee/t pa2k4 - Ate. 13 -5-8:00 p.a. 35 peopie. 5ti.LLw tet Nationat Cwtd contzvraent - PZoneen p0 k - agf. 26 -noon-6:00 p.*. - 70 people. TILL-44k 9.o el l2. B.Lekae &wpt. pa4k4 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 • PLANNING APPLICATION REVIEW CASE NO. DR/V/90-45 Planning Commission Meeting: August 13, 1990 Project Location: 324 South Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Bob Tanner Type of Application: Variance PROJECT DESCRIPTION: A variance to the Sign Ordinance for the placement of a twelve square foot projecting sign (six feet required). DISCUSSION: The request is to place a twelve square foot sign at the Southeast corner of the Grand Garage (Port of Stillwater) for the Esteban's Restaurant located at the rear of,the Grand Garage. The owners feel that Main Street visibility has been a problem and the present flagpole sign does not identify the business properly. The new owner of the Grand Garage plans to replace all the signage next year. The total Main Street business signage is approximately 80 square feet which includes the Port of Stillwater sign, the flagpole sign, and the Mickey's Cafe sign. There are presently two signs which identify the Grand Garage. These include a ten square foot projecting sign and a small wall sign above the main entrance. There is also window signage on the Main Street facade. Of the total 80 square feet of business Main Street signage, Esteban's has approximately one third of the flagpole sign or 27 square feet. This additional twelve square foot sign would bring Esteban's signage to 39 square feet. However, if the lineal frontage of the Main Street frontage facade for the whole structure is taken into consideration, one hundred square feet is allowed. The total signage with this proposal is 92 square feet. The street frontage for the depth of the Grand Garage on Nelson Alley and Nelson Street is 190 feet. The Sign Ordinance allows for signage on all street frontages. This twelve square foot projecting sign has been located at this location for other restaurants located at this site. The sign is black wrought iron. The face will consist of the Esteban's logo with a graphic as shown on the drawing. DESIGN REVIEW The Heritage Preservation Commission reviewed the proposal for the sign at their meeting on August 6, 1990. The following comments were made. 1. The Committee felt that because Esteban's Restaurant is located to the rear of the Grand Garage, they do not have the visibility to Main Street. However, the Committee has a concern about the lack of coordinated signage on the building and the amount of total signage on the Main Street facade. 2. The Committee did not have concerns over the design or location of this sign. It is in keeping with the intent of the design guidelines. The major concern was over the size of the sign. Bob Kimbrel made a motion to approve the sign as proposed, with stated conditions. Ray Zaworski seconded the motion. All in favor. CONDITIONS OF APPROVAL: 1. A new sign program for the whole building shall be submitted within one year. 2. This sign is allowed on a temporary basis to be removed August 1, 1991. 3. All new signage (sign plan) on the building shall comply with the Sign Ordinance regulations. 4. All Esteban's temporary signage shall be taken off the building before the new sign is installed. PLANNING COMMISSION RECOMMENDATION; Approval with four conditions. 0TAL FNR.F$RRY St. S.A.P. 109-105-01. F'.+RTICTF•ATL•i0 , NON -PARTICIPATING ROADWAY STORM SEWER: UNIT ; EST. : EST. ; EST. EST. • ITEM NO. ITEM : UNIT PRICE : QUART. TOTAL : WANT. TOTAL : QIIANT. TOTAL QRANT. TOTAL , : 2021.501 MOBILIZATION : L.S. 10,000.00 : 1 10,000.00 ; 0.67 6,700.00 : 0.06 600.00 : 0.28 2,800.00 : 2101.511 CLEARING AND GRUBBING ; L.S. 800.00 : 1 800.00 : 1 800.00 : 0.00 1 0.00 : 2104.501 REMOVE RCP SEWER PIPE : L.F. 6.00 : 61 366.00 : 0.00 : 61 366.00 : 0.00 : 2104.501 REMOVE STONE GUTTER : L.F. 3.00 : 2876 8,628.00 ; 2,876 8,628.00 1 0.00 : 0.00 : 2104.501 REMOVE CONC. CURB & GUTTER : L.F. 3.00 ; 2930 8,790.00 : 2,930 8,790.00 : 0.00 : 0.00 : 2104.503 REMOVE CONCRETE SIDEWALK : S.F. 2.00 : 14380 28.760.00 : 14,380 28,760.00 : 0.00 : 0.00 1 2104.509 REMOVE CATCH BASINS & MANHOLES : EACH 200.00 ; 14 2,800.00 I 0.00 : . 14 2,800.00 1 0.00 : 2104.523 SALVAGE CASTINGS : EACH 100.00 1 26 2,600.00 ; 26 2,600.00 : 0.00 : 0.00 : 2104.523 SALVAGE HYDRANT ' EACH 500.00 : 1 500.00 : 0.00 : 0.00 : 1 500.00 : 2105.501 COMMON EXCAVATION (P) : C.Y. 6.00 : 6120 36,720.00 : 6,120 36,720.00 : 0.00 I 0.00 1 2105.522 SELECT GRANULAR BORROW (L.V.) : C.Y. 6.00 : 7200 43,200.00 : 7,200 43,200.00 : 0.00 : 0.00 : 2105.525 TOPSOIL BOI*0V (L.V.) 1 C.Y. 8.00 : 225 1,800.00 : 225 1,800.00 1 0.00 : 0.00 I 2116.501 CORE EXCAVATION (INPLACE) : C. Y. 8.00 1 95 760.00 : 95 760.00 : 0.00 : 0.00 : 2123.501 COMMON LABORERS : HOUR 40.00 1 20 800.00 : 0.00 : 0.00 : 20 800.00 : 2123.507 1 C. Y. SHOVEL. : HOUR 90.00 1 10 900.00 1 0.00 : 0.00 : 10 900.00 : 2123.509 DOZER : HOUR 100.00 I 10 1,000.00 : 0.00 I 0.00 : 10 1,000.00 : 2123.510 12 C. Y. TRUCK : HOUR 45.00 : 10 450.00 : 0.00 1 0.00 : 10 450.00 : 2123.514 3 C. Y. FRONT END LOADER : HOUR 110.00 : 10 1,100.00 : 0.00 : 0.00 : 10 1,100.00 : 2130.501 WATER FOR DUST CONTROL : (H)OAL 15.00 I 25 375.00 : 25 375.00 : 0.00 : 0.00 : 221.1..501 ABOREGATE BASE CLASS 5 : TON 7.00 1 1166 8,162.00 I 1,166 8,162.00 : 0.00 : 0.00 : 2331.508 TYPE 41 W RING COURSE TON 26.00 : 575 14:950.00 I 575 14,950.00 : 0.00 : 0.00 I 2331.514 TYPE 31BASE COURSE TON 22.00 1 865 19,030.00 1 865 19,030.00 1 0.00 : 0.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 1 GAL. 1.50 : 320 480.00 : 320 480.00 : 0.00 : 0.00 : 2451.503 BRAN. BACBFILI.(REPLACE. SILL) (LV)1 C. Y. 7.50 I 3300 24,750.00 : 0.00 : 0.00 1 3,300 24,750.00 : 0451.602 CRUSHED ROCK (PIPE SU36RADE BACKFILL) 1 TON 10.00 : 150 1,500.00 : 0.00 : 150 1,500.00 : 0.00 : 2503.541 12" RCP STORM SEWER DES 3006 CL V I L.F. 24.00 : 244 - 5,856.00 : 0.00 : 244 5,856.00 : 0.00 : 2506.511 RECONSTRUCT MANHOLE : L.F. 100.00 : 0.83 83.00 1 0.83 83.00 1 0.00 : 0.00 : 0503.603 REHABILITATE SANITARY SEWER : L.F. 100.00 1 444 44.400.00 : 0.00 : 0.00 1 444 44,400.00 : 0503.603 REHABILITATE SANITARY SEWER MAN{OLE : L.F. 270.00 : 48.3 13,041.00 1 0.00 : 0.00 : 48.3 13,041.00 1 0504.602 ADJUST GATE VALVE BOX 1 EACH 75.00 : 6 450.00 1 6 450.00 1 0.00 : - 0.00 : 0504.602 RELOCATE EXISTING HYDRANT I EACH 500.00 1 1 500.00 I 1 500.00 1 0.00 : 0.00 : 0504.602 6"BATE VALVE & BOX ; EACH 350.00 : 1 350.00 1 0,00 1 0.00 : 1 350.00 1 0504.602 HYDRANT : EACH 900.00 1 1 900.00 : 0.00 1 0.00 : 1 900.00 1 01.602 3/4" CORPORATION 1 EACH 110.00 1 6 660.00 1 0.00 1 0.00 : 6 660.00 I 0504.602 3/4" CURB STOP & SOX : EACH 85.00 : 10 850.00 1 0.00 : 0.00 1 10 850.00 1 0504.602 CONNECT TO EXISTING CORPORATION STOP 1 EACH 100.00 : 10 1,000.00 1 0.00 : 0.00 : 10 1,000.00 : 0504.602 CONNECT TO EXISTING WATER SERVICE : EACH 100.00 1 10 1,000.00 : 0.00 : 0.00 1 10 1,000.00 1 0504.602 RELOCATE EXISTING CURB BOX AND STOP : EACH 275.00 : 4 1,100.00 : 4 1,100.00 : 0.00 1 0.00 : 0504.603 6" D.I.P. HYDRANT LEAD 1 L.F. 25.00 1 20 500.00 : 0.00 1 0.00 1 20 500.00 I 0504.603 3/4" COPPER : L.F. 12.00 ; 375 4,500.00 ; 0.00 ; 0.00 : 375 4,500.00 1 0504.620 FITTINGS : LBS. 2.00 ; 245 490.00 : 0.00 : 0.00 : 245 490.00 : 2506.507 CONSTRICT CATCH BASIN, DESIGN X L.F. 130.00 : 25 3,250.00 ; 0.00 : 25 3,250.00 ; 0.00 1 2506.507 CONSTRUCT CATCH BASIN, DESIGN Y . L.F. 150.00 : 9.2 1,380.00 : 0.00 1 9.2 1,380.00 1 0.00 : 2506.516 CASTING ASSEMBLY R1733 : EACH 250.00 : 10 2,500.00 : 0.00 1 10 2,500.000 1 0.00 : 2506.516 CASTING ASSEMBLY R3067 . EACH 250.00 1 9 2,250.00 : 0.00 : 9 2.250.00 : 0.00 ; 2506.522 f,'.i 1 T FRAME AM) RING CASTING : EACH 150.00 1 5 750.00 : 5 750.00 : +i.00 : 0.00 ; 0506.602 CONNECT TO EXIST. MANHOLE EACH 150.00 ; 7 1,050.00 1 ':.00 : 7 1.0 ).u0 1 0.00 : 2521.501 . 4•" CONCRETE WALK S.F. 2.00 , 12035 24,070.00 I12,03524,070.00 . C. �,• : .. 0.00 2531.501 CONCRETE CURB & GUTTER, DE8. B618 . L.F. ..40 , 2850 11,950.00 , 2,650 19•50.90 ..iX , 3 .00 2531.507 6" CONCRETE DRIVEWAY PAVEMENT 1 S.Y. 30.00 ; 132 3,960.00 : 132 3,960.00 : 0.00 1 0.00 1 0563.601 TRAFFIC CONTROL L.S. 3,000.00 : 1 3,000.00 1 1 3,000.00 : 0.00 : 0.00 ; 2564.531 F. & I. SIGN PANELS TYPE C : S.F. 35.00 : 18.94 662.90 : 18.94 662.90 1 0.00 1 0.00 : 0564.603 4" DOUBLE SOLID LINE YELLOW -PAINT : L.F. 0.70 1 1440 1,008.00 ; 1,440 1,008.00 : 0.00 1 0.00 : 2575.501 SEEDING : ACRE 1,500.00 : 0.25 375.00 1 0.25 375.00 ; 0.00 : 0.00 1 2575.505 SODDING 1 S.Y. 2.00 ; 1060 2,120.00 1 1,060 2,120.00 1 0.00 : 0.00 : 257 .523 WOOD FIBER BLANKETS, TYPE REGULAR 1 S.Y. 1.50 : 1210 1,815.60 : 1,210 1,815.00 1 0.00 1 0.00 : $363,041.90 1 8241,590.90 1 $21,552.00 1 a$99,991.00 1 • iwater THE BIRTHPLACE OF MINNESOTA -14) August 13, 1990 Dear Property Owner: On April 17, 1990, the Stillwater City Council conducted a public hearing on Local Improvement 254, which consisted of sanitary sewer repair, water services, drainage, street construction and appurtenances located on Mulberry Street. The City Council adjourned the meeting and delayed ordering Improvement No. 254 until the status of Municipal State Aid (MSA) funds was clarified and also to further study an assessment policy for projects of this nature. Later, the City received notice that it would lose a portion of its MSA appropriation (approximately $82,000) if the City has not entered into a MSA project by September 1, 1990. This information was presented to the City Council at the meeting of August 7, 1990. The City Council then ordered a portion of the Mulberry Street work, directed the City Engineer to prepare plans and specifications and to advertise for bids. This action was taken by the City Council to not only avoid the loss of MSA funds but also because a portion of sanitary sewer in Mulberry Street is in poor condition. The next step would be to accept the bids and to enter into a contract for the work. It is anticipated that this action will be taken on Friday, August 31, 1990. Accompanying this letter is a copy of the mock assessment roll for Local Improvement 254. Your property abuts the portion of Mulberry Street that is being constructed and will therefore be subject to an assessment. The City Council will discuss the Mulberry Street project and the assessment roll at the meeting of August 21, 1990 (7 p.m.). The City Council will also attempt to answer any questions you may have about Local Improvement No. 254 at the meeting of August 21. Sincerely, Mary Lo, Johnson ( City Clerk CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 Line Plat/Parcel No. No. 1 11080-8490 2 11080-8510 3 11080-8540 4 11080-8600 5 11080-8630 6 11080-8660 7 11080-8690 8 11080-8720 9 10690-5750 10 10690-5700 11 11221-3250 12 11221-3150 13 11221-2550 14 11221-2500 15 11221-2400 16 11221-2450 17 11221-2100 18 11221-2040 19 10691-4340 20 10691-4341 MOCK ASSESSMENT ROLL FOR LOCAL IMPROVEMENT NO. 254 (MULBERRY STREET) Property Address 614 W. 506 W. 504 W. 424 W. 422 W. 414 W. 410 W. 406 W. 306 N. 306 N. 231 N. 288 N. 517 W. 513 W. 507 W. 503 W. 233 N. 415 W. 224 N. 216 N. Mulber Mulber Mulber Mulber Mulber Mulber Mulber Mulber 4th St 4th St Everet Martha Mulber Mulber Mulber Mulber Harrie Mulber y 4th 4th Total water service cost Water service cost per lot Y Y Y Y Y Y Y Y Y ASSESSMENTS Water Service No. Cost Street FF 382.5 1 $1,166.59 85 1 1,166.59 42.88 1 1,166.59 50 1 1,166.59 100 1 1,166.59 50 1 1,166.59 50 1 1,166.59 113.04 1 1,166.59 1 1,166.59 1 1,166.59 60.38 65.62 65.62 60.88 SF 84 150 126 126 153.2 180 150 150 Cost Total Cost $25,707.22 $25,707.22 5,712.72 6,879.71 2,881.90 3,360.42 6,720.84 3,360.42 3,360.42 7,597.24 1,975.93 3,528.44 2,963.89 2,963.89 4,058.04 4,410.22 4,410.22 4,091.65 3,603.72 4,234.13 3,528.44 3,528.44 4,048.49 4,527.01 7,887.43 4,527.01 4,527.01 8,763.83 1,975.93 3,528.44 2,963.89 2,963.89 5,224.63 4,410.22 4,410.22 5,258.24 3,603.72 5,400.72 3,528.411 3,528.4W 10 $11,665.90 1125.92 1119.2 101,998.19 113,664.09 $11,665.90 $ 1,166.59 Total street cost MSA Funds Street Assess. Street cost/FF $386,998.19 $285,000.00 $101,998.19 $ 67.21 IIPDAVID MAWHORTER UBLIC SAFETY DIRECTOR POLICE CHIEF THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE tel R IRI Ni ID Li Ni GORDON SEIM FIRE CHIEF Tra = MAYOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR IF=- R Q r l = D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR D c4 T E= AUGUST 16, 1990 FZIEE = OCCUPANT LOADS IN AREA BARS/RESTURANTS As directed in our last council meeting, I am submitting a report of the status of occupant load inspections rr,s that have been performed by the fire division. DATELOCATION OCCUPANT COMMENTS CONDUCTED LOAD • 07/25 Popeye' s 139 90 in building 49 on deck 07/31 Cat Bal lou' s main floor already posted 80 on second floor 07/31 Hidden Valley 35 Not required to past occupancy 07/31 Madcapper 89 80 on main floor 9 in the loft 07/31 Brines 192 107 on third floor 85 on second floor 07/31 Si lverlake 40 Not required to past occupancy 07/31 John's Bar 63 08/02 Freight House 804 17 in front bar 32 in middle bar 152 in inside dining area, including balcony 603 on the deck • Form 2091 D:sF STW 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 08/02 Steamers 197 inside including balcony area Measurements have been taken for Trumps, the St. Croix Club, Dock Cafe and Esteban's and will us-d to establish occupant loads after necessary research has been done. I will advise you of these numbers when they are done. Just a note on the side, if you add .just these numbers up, you will find that under legal occupant loads, which are minimuim numbers for some businesses, we have the capacity for 1,559 people. This number does not include the occupant loads of the above (yet to be completed) establishments. Thats alot of people for 2 to 3 officers to pol ice with any safety at all! • • e • 1 SENATE STATE OF MINNESOTA SEVENTY-FIFTH LEGISLATURE PRITP1rED PAGE NO. aw S.F. N0.1273 Introduced by Morse, Frank, Storm and Vickerman. Read First Time Mar. 30, 1987, and Referred to the Committee on Economic Development and Housing. Committee Recommendation. To Pass as Amended. Committee Report Adopted Apr. 13, 1987. Read Second Time Apr. 13, 1987. A bill for an act 2 relating to public safety; providing that local 3 governing body may appoint local board of appeal for 4 order issued under the state fire code; providing for 5 notice; providing for smoke detector maintenance; 6 providing penalties; amending Minnesota Statutes 1986, 7 sections 299F.011, subdivision 6, and by adding 8 subdivisions; and 299F.362, subdivisions 5 and 6. 9 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: I1 Section. 1. Minnesota Statutes 1986, section 299F.011, is 12 amended by adding a subdivision to read: 13 Subd. 5a. [LOCAL BOARD OF APPEAL.] Local aovernina bodies 14 may appoint boards of anneal to hear and rule on anneals from 15 orders issued under the fire code. An appeal from a local bcard 16 of appeal may be made to the local governina body. If a board 17 of appeal is not appointed, the anneals of orders must be made 18 directly to the aovernina body. Local boards of appeal and 19 aoverninq bodies are not liable for damages in connection with 20 arantina variances, abatements, denials, or modifications of 21 orders from the fire code that are made in 000d faith. 22 Sec. 2. Minnesota Statutes 1986, section 299F.011, is 23 amended by adding a subdivision to read: 24 Subd. Sb. When considering appeals for variances from the 25 fire code, the local appeal board or governing body, the state 26 fire marshal, a state administrative law judge, and a court 27 shall take into consideration the benefit to be obtained by 1 SF1273 FIRST ENGROSSMENT (REVISOR ) AT SF1273-1E 1 complying with the Eire marshal's orders and the effect on 2 affordable housing. Minnesota Statutes 1986, section 299F.011, . 4. subdivision 6, is amended to read: 5 Subd. 6. A person who violates a provision of the uniform 6 fire' code shall be:o:.i1ty of a misdemeanor. No person shall be 7 convicted for violating the uniform fire code unless the person 8 shall have been given notice of the violation in writing and 9 reasonable time to:•comply. 'The:not2C.4 must contain a statement 10 exolainina the richt to aOpeaj'the_orders. 11 'Sec. 4. Minnesota Statutes 1986, "suction 799F.362, 12 subdivision '.5, is .amended •.to read: 13 Subd. 5. [MAINTENANCE RIsPONSfBILITIES.) For,all 14 occupancies covered by this section where 'fiie• occupant is not 15 the owner of the dwelling unit or.the guest room, the owner is "16 responsible 'for 'maintenance ••df the-Aatoke detectors. An owner 17 •may file insmectian and maintenance reports e'iery six months 18 .with the local Ella marshal for establishing evidence of 19 insoectian .and znaintenar.ce of 'Stnok'e AXtecrprs. 20 'Sec. 1.5. .Minnesota Sta:tutve •L98&, section 249F.3'&2, 21 subdivision 6, :is amended to read: 22 Subd. 6. [PENABin! PENALTXES.] (a) Any person who violates 23 any provision of this section=Ssha11 be subject to the same 24 penalty incuzred for violat'.i:on of the•uniform fire code, as 25 specil`ied in section 299F.011, subdivision 6. 26 (b) An occupant vt:o willfully di:sabl"e-s a smoke.detector or 27 causes it to be nonfunctioning, resul;tinq. in damage or iaiury to 28 persons or orooertv, is cuiity of a fisd 7tieanor•. DAVID MAWHORTER UBLUC SAFETY DIRECTOR POLICE CHIEF • • TO: FR: DA: RE: THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE Dave Mawhorter, Public Safety Director Gordon Seim, Fire Chief 8-9-90 Popeye's A/6) GORDON SEIM FIRE CHIEF On July 27, 1990 Captain Barthol inspected Popeye's located at 422 East Mulberry Point in the City of Stillwater. They wre written for six (6) Uniform Fire Code violations (inclosed). This inspection was based on a complaint. That same day Captain Barthol started inspecting all of the other 'assembly situations (serving liquor) in the city to make sure they will all be in compliance. As of this writting the only one not done yet is Vittorio's, and that will be done next week. When this is done we will start with the restaurants that do not serve liquor. I would like to inform you on what is happening with Popeye's as the case will probably be going to the Board of Appeal. On August 8, 1990 myself and Captain Barthol went to Popeye's and met with Greg Lindow and Bob Marois (oweners) concerning the list of violations they were given on July 27, 1990. Three (3) of the items on this list had been taken care of (inclosed). We also discussed in great detail the remaining three (3) items on the list, which are the occupant load and second exit from deck and exit lights. The exit light situation was being addressed, but not to our satisfaction, but will be abated. The biggest problem there is connected with this situation is the number of people occupying the building and deck area. We have required posting an occupant load of 90 persons in the building and 90 persons on the deck. The 90 persons on the deck is contingent on installing a second exit off the deck area. If the second exit is not installed the occupant load capacity will be 49 persons for the deck. This was based on Uniform Fire and Building Code requirements for this type of establishment (15 sq. ft. per person). It seems that the owners feel they cannot make a living based on that number of occupants and will be appealing the square footage requirement. One easy way to increase their occupancy load is to remove the tables and chairs and make the intire area a dance floor which allows one person per every 7 square feet. This would increase the occupant load to 170 people in the bar area. The owners have been offered this option and do not care for the idea as they want to retain the tables. Funs 2091 06k ST '. 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 DAVID MAWHORTER UBLIC SAFETY DIRECTOR POLICE CHIEF • July 27, 1990 THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE Fire Inspection #90072504 Greg Lindow Popeye's 422 East Mulberry Point. P.O. box 464 Stillwater, Minnesota 55082 Dear Greg: GORDON SEIM FIRE CHIEF On July 24th, 1990, I made a fire inspection at the address above. During our discussion, I said that I would inform you in writing of the violations listed on the inspection form. The violations and. their code references are listed below. 1)Combustible rubbish or waste material, when kept within or adjacent to a building shall be stored in approved containers...or removed from the building at least once each working day. This will comply with U.F.C. sec. 11. 204 (b) DOLie 2) All exit doors shall be maintained in an operable condition. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Exit doors shall not be locked, chained, bolted, barred, latched or otherwise rendered unusable. This will comply with U. F. C. 12. 104. (a) (b) . DoxNe 3) Exit signs are required when occupant load is 50 or more. Exit signs shall be illuminated either internally or externally in accordance with the Building Code. This will comply with U.F.C. sec. 12. 108. (a) (d) and U.B.C. sec. 3314 (a) (b ) 4) The occupant load shall be posted near the main exit in a conspicuous place on an approved sign. Such sign shall be maintained ledgible by the owner or his authorized agent and shall indicate the number of occupants permitted for each room use. This will comply with U.F.C. sec. 25. 114. (a) and U.B.0 sec. 3302 (c) . The occupant load for the building is 90 and the occupant load of the deck area is also 90. This complies with U.B.C. table 33A. Fir' .091 O:k POit 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 The occupant load -s determined by the Building Code also indicates that there shall b- two exits from the deck to a public way. Unless the deck is provid-d a second exit constructed according to the Building Code, I w'll not allow an occupant load over 49. This will comply with U.B.C. tale 33A. 5) The Ansul Syste installed above the hood on the kitchen needs servicing. This mus be done annually by certified personnel. This will comply with U.F. . sec. 10.302(a). DoN�Q 6) The use of ext-nsion cords in place of or as a substatute for permanent wiring s prohibited. This will comply with U.F.C. sec. 85. 106 (a) . If you have any questions please contact me at 439-6120. Cordially, C'jy L/V� L Robert C. Barthol Captain Fire Inspections/Investigations Stillwater Fire Depar ment • • MEMORANDUM TO: Public Safety Director FR: Steve Russell, Community Development Director DA: August 17, 1990 RE: CITY APPROVED ZONING USE FOR RESTAURANT AT 222 EAST MULBERRY STREET On June 8, 1989, a master plan for the Stillwater Yacht Club was approved by the City Council, SUP/V/87-25. The approved plan allowed 121 seats in the Yacht Club Restaurant and 40 seats on the deck for a total of 161 seats. A change of use from a restaurant or increase in intensity of use (more seats) requires a modification to the City's approval. August 16, 1990 City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Dear City Planners, Mayor, and Others To Whom It May Concern: We as Stillwater residents are writing in desperation to make you aware of a serious situation regarding Popeye's Bar. In recent weeks, Stillwater residents have been plagued with noise, harrassment, and vandalism, not to mention general obnoxious behavior by Popeye's patrons. Cars parked in the lot have had glass broken, bottles left under tires, and doors scratched. Police calls to Popeyes have increased noticeably. Unreported assaults have also occurred. Stillwater is otherwise a lovely town and should not have its reputation tarnished by one establishment. We urge you take a serious look at this situation and act accordingly. People have been hurt and something must be done to stop this madness. The kinds of people Popeye's draws are not the kinds we want or need in our town. We've become afraid to take our families downtown after dark. Please bring this up at your next meeting and please do something before any serious damage is done. Thank you for your consideration. A Group of Concerned Stillwater Residents cc: Stillwater Police Department DAVID T. MAGNUSON ATTORNEY AT LAW SUITE #260 THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439-9464 MEMO Richard C. I1kka TO: MAYOR, COUNCIL AND CITY COORDINATOR FROM: DAVID T. MAGNUSON, STILLWATER CITY ATTORNEY DATE: MAY 17, 1990 RE: VACATION OF OAK STREET With regard to the vacation of Oak Street and the controversy regarding the right of children to walk on the vacated street, the council has three options: One: allow the vacation to stand as it is without any corrective action or interpretation and leave the parties to determine their various rights in the easement reserved in the vacated street. Two: interpret the reserved easement by construing it to include a pedestrian easement by implication in the easement for the construction, maintenance and repair of municipal utilities. Since there is no question that city workers and other municipal people including private contractors could walk upon the easement to maintain the underlying municipal utilities and that the easement could be completely striped and torn up if utilities were constructed in the easement that it is only reasonable that a less burdensome activity such as walking would have little interference with the underlying subservient estate in the adjoining neighbors. Three: decide that the council was either mislead or was mistaken at the hearing held on the vacation of the street and that they should take corrective action to prepare an amended resolution vacating the street such as the amended resolution that I have attached to this memo. If the council were mistaken at the last hearing or if their action was based upon eroneous assumptions or the statements of adjoining owners that later proved to be untrue, they are within their authority to take action to correct matters. RESOLUTION No. AMENDED RESOLUTION VACATING -PART OF OAK STREET WHEREAS, a petition was presented praying for vacation of a portion of Oak Street, City of Stillwater, Minnesota, hereinafter described and, WHEREAS, the Council determined that the petition was sufficient; and that the City is a Home Rule Charter City of the third class and that it was proper for the City Council to proceed with the vacation pursuant to Minn. Stat. § 440.135; and, WHEREAS, at a meeting duly called for that purpose, the City Council did on the 11th day of July, 1989, determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would be in the best interest of the City of Stillwater that a portion of the street be returned to the tax roles. WHEREAS, a mistake exists in Resolution No. vacating the street made by this council on the day of August, 1989. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that Resolution No. is hereby amended as hereinafter set forth and that the following part of Oak Street as presently laid out and platted be and the same is hereby vacated: All that part of Oak Street lying between the west line of Grove Street and the east line of Hemlock Street not previously vacated by the City on October 19, 1982, subject to and reserving in the City of Stillwater a Pedestrian Easement and an easement for the construction, maintenance and repair of municipal utilities. BE IT FURTHER RESOLVED, that a copy of this Resolution duly. certified by the City Clerk shall be recorded in the office of the County Recorder, Washington County, Minnesota. Adopted by affirmative vote of all the members of the City Council this day of August, 1990. Attest: Wally Abrahamson, Mayor III: THE BIRTHPLACE OF MINNESOTA August 15, 1990 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, August 21, 1990 at 7:00 P.M. in the Council Chambers of City Hall to discuss the complaints received regarding the easement and walkway on a portion of vacated Oak Street between Grove Street and Hemlock Street. All persons with an interest in this item should attend the meeting. Mary Lou Johnson City Clerk CITY HALL: 216 NORTH FOU-RTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 illwater THE BIHTHPLACE''0-F'MINNES0T..A May 17, 1990 Mr. Gerald Cadwell 322 South Grove Street Stillwater, Mn. 55082 Dear Mr. Cadwell: The City Council received a petition from neighbors at their meeting on May 15, 1990 regarding the vacation granted for a portion of Oak St. between Grove & Hemlock Streets approved for you on July 11, 1989. You originally agreed to let neighborhood children pass through and now, they state, this is no longer possible. Please call me at the City Offices, 439-6121 or my home, 439-5989, in order to arrange a meeting to discu s this problem. Sincerely, WLA/mlj Wallace Mayor 14611,1444-- . Abrahamson CITY HALL: 216 NORTH FCURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ' Stillwater City Council Minutes Regular Meeting May 15, 1990 Street and North Everett Street in the RA, Single Family Residential District. Larry Dauffenbach, Applicant. c. CASE NO. SUP/90-24 - A Special Use Permit to construct a 31,086 square foot Auto Service and Retail Service Mali on the Northeast corner of Tuenge Drive and 60th Street North in the IP-C Industrial Park -Commercial District. Marco Construction, Applicant. d. CASE NO. SUP/90-25 - A Special Use Permit to conduct a five bedroom Bed and Breakfast establishment at 319 West Pine Street in the RCM, Multi -Family Residential District. Bruce and Vikki Brillhart, Applicants. e. CASE NO. SUP/90-26 - A Special Use Permit to conduct a temporary food vending business out of a popcorn wagon East of the Commander Elevator on private property along Nelson Street in the CBD, Central Business District. Kenneth Duneman, Applicant. COUNCIL REQUEST ITEMS Discussion of Street Vacation approved for Jerry Cadwell/John Doyle and Pedestrian Easement Council received a petition from the residents in the area of South Grove St. regarding a request for a sidewalk on Pine St. because of elimination of an easement for children to walk to Lily Lake School. The resident granted the vacation of the street will be contacted to discuss passage to Lily Lake School in the area of the previous easement. Council Discussion of Various Items Council discussed the request of the St. Croix Valley Rowing Club for use of Kolliner Park. The Club will be responsible for securing all permits, (from St. Joseph's Township, etc.) Discussion also involved Legislative action regarding campaign lawn signs, and recent cuts in local government aids. STAFF REPORTS (Continued) City Coordinator Mr. Kriesel updated Council on the. cuts in Local Government Aid which will amount to $64,000 for 1990 and approximately $68,000 in 1991 and the appropriate reductions will be made (possibly from Public Works and Administration). This will be reviewed during the budget process. City Clerk - Certification of Changes made by Board of Review Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution accepting changes correcting the assessment of certain real estate as recommended by the Board of Review. (Resolution No. 8285) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson Nays - None • TO: City Council DATE: May 14, 1990 0n July 11, 1989 yo and Jerry Cadwell o There was an easeme of Jerry building a children to walk t easement and theref busy Pine Street wi their way to Lily L heavy bus and car t We are asking, for provide a sidewalk and from Lily Lake easement to be lift We, the undersigned this problem. Thank you, Mary Ness 1321 W. Olive St. Stillwater, MN 550 439-5095 approved a street vacation to John Doyle 404 and 322 South Grove Street in Stillwater. t on this land. The neighbors were informed garage and leaving the easement for the ough. Now, we are informed there is no re our children are forced to walk on h no sidewalks or County Road 5 to and from ke School. Both of these streets have very fic. he safety of our children, the City Council n Pine Street or bus transportation to chool because the council allowed this d and knew we were in protest of this. will be waiting for a solution to uMo.)tT ,t„,,,L. 3,u-U �u� e(“kc,_ (rnce CLLit-Q le,t `'I 7 C' RESOLUTION N . = 8107 RESOLUTION VACATING'PART OF OAK STREET WHEREAS, a petition was presented praying for vacation of a portion of Oak Street, City of Stillwater, Minnesota, hereinafter described and, WHEREAS, the Council determined that the petition was sufficient; and that the City is a Home Rule Charter City of the third class and that it was proper for the City Council to proceed with the vacation pursuant to Minn. Stat. § 440.135; and, WHEREAS, at a meeting duly called for that purpose, the City Council did on the 11th day of July, 1989, determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would be in the best interest of the City of Stillwater that a portion of the street be returned to the tax roles. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that the petition be granted in the form hereafter set forth and that the following part of Oak Street ,as presently laid out and platted, be and the same is hereby vacated: All that part of Oak Street lying between the west line of Grove Street and the east line of Hemlock Street not previously vacated by the City on October 19, 1982, subject to and reserving in the City of Stillwater an easement for the construction, maintenance and repair of municipal utilities. BE IT FURTHER RESOLVED, that a copy of this Resolution duly certified by the City Clerk shall be recorded in the office of the County Recorder, Washington County, Minnesota. Adopted by affirmative vote of all the members of the City Council this Jam' day of August, 1989. brahamson, Mayor Attest: Mary Lou/Johnson,/ ity Clerk Stillwater City Council Minutes Recessed Meeting July 11, 1989 Motion by Councilmember Boulovick, seconded by Councilmember Opheim to approve the request for a variance to the rear and sideyard setback requirements for the construction of a bedroom addition at 1010 No. Fourth St. in the RB, Two Family Dist., Billy Jo Elliott, Applicant, as conditioned. Case No. V/89-32. (All in favor). 2. This is the day and ti the remaining portion in the RA, Single Famil Applicants. Case No. Notice of the Hea 30, 1989 and copies we Ms. Pung-Terwedo repor remaining portions of the whole section of t vacated. Mr. Cadwell extra property from th request was approved b concerns regarding the liability and possible discussion followed re Tony Schiks, 1322 W. 0 a pedestrian easement alike. The neighbors easement. e for the Public Hearing on a street vacation for f Oak St. between Grove & Hemlock Streets located y Residential Dist., Gerald Cadwell & John Doyle, V/89-34. ing was published in the Stillwater Gazette on June e mailed to affected property owners. ed the adjacent property owners would like the ak St. between Grove and Hemlock Streets vacated so e street between Grove and Hemlock would be s planning to build a garage and driveway on the street vacation. Mr. Fontaine stated the the Planning Commission. Mr. Cadwell presented proposed pedestrian easement regarding privacy and destruction of private property. Extensive arding this issue. k St., stated the bottom of the block does not have nd both portions of the vacation should be treated id not appear, evidently they don't care about the Mayor Abrahamson closes the public hearing. Motion by Councilmember Fa Resolution No. 8107 approv 0ak St. between Grove & He Residential Dist., with th Gerald Cadwell & John Doyl rell, seconded by Councilmember Bodlovick to adopt ng a street vacation for the remaining portion of lock Streets located in the RA, Single Family condition of a 20 ft. utility easement only, , applicants. Case No. SV/89-34. (All in favor). 3. This is the day and ti e for the continuation of the Public Hearing amending Ord. No. 699 elating to parking regulations for Fourth St. north of Pine St. and south •f Oak St. Notice of the Hea ing was sent to affected property owners. Richard Kilty, 118 W. lak St., stated the ordinance, as it stands, is unfair to the neighbor ood and the School District has made no effort over the last forty years t. provide visitor parking. 3 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: Case Number SU/89-39 Dear City Council, This letter is regarding easement of the Oak Street vacation between Grove and Henlock. When I met with the planning commission on June 12, 1989, I was informed that they want a twenty foot utility easement instead of a twelve foot easement, and that they want this utility easement to double as a pedestrian easement. The main purpose of this pedestrian easement is for neighbor kids to walk through yards as they go to school. I do not have a problem with the neighbor kids cutting through my yard to go to school, but I do have concerns with just anybody going through my yard. The following are three reasons I would like the city council to remove the pedestrian easement from the vacation. 1. Privacy: With easement, there will be no privacy in any part of my yard. My family will not be able to enjoy supper in the backyard without people walking or biking through it. We won't be able to enjoy any family activities in private. 2. Liability: Who is responsible when a child riding a bike down the hill loses control and crashes into a tree and suffers severe injuries? Is the home owner or the city or both? I don't believe it to be fair for me to have that responsibility because of pedestrians' easement on my lot. There are many ways people can get injured on this easement that would be my responsibility. 3. Destruction of private property: On Monday, June 26, 1989, three bicycles rode through my garden on their way through. I will bring pictures to the council meeting showing this. I am very concerned about my property being used, stolen, and/or ruined. The extra traffic through that easement will surely invite more of this kind of behavior. In closing, my daughter is friends with all -of the kids in the neighborhood, and th • y play and use_all the yards. I don't feel we need to have a pedestrian easement where the neighborhood children are already elcome. Yours truly, Jerry Cadwell 322 South Grove Stre • t Stillwater, MN 5508 Enclosure • Stillwater Planning Commission June 12, 1989 There was further discussion regarding the discrepancy, and it was determined that the Commission should consider the application as it was written. The awning would fit within the Bluffland/Shoreland Ordinance and the DNR guidelines only if it was retractable. Motion by Rob Hamlin that the variance request be approved as written (a retractable awning to be used in inclement weather) with five recommended conditions of approval. Nancy Putz seconded. Motion carried 7-0; Don Valsvik abstained. Don Valsvik made a motion that the Planning Commission recognize that the previous motion was not the intent of the applicants. Rob Hamlin seconded. Motion carried 8-0. Don Valsvik made a motion that the Planning Commission recognize that the applicants' intent is for a seasonal awning and that approval would be indicated if it meets all requirements of the DNR and the Bluffland/Shoreland Ordinance. Mark Ehlenz seconded. Motion carried 5-3. Case No. SUB/89-35 - Applicant requested continuance. Case No. SV/89-34 - Street Vacation request -for -the --remaining portion of Oak Street between Grove and Hemlock Streets. Gerald Caldwell and John Doyle presented the application. The Commission recommended that there be a pedestrian easement as a second condition of approval. Mootion by Rob Hamlin, -.seconded by Mark Ehlenz that the Street Vacation request be approved with two conditions as stated. Motion carried 8-0. OTHER BUSINESS Motion by Don Valsvik, seconded by Glenna Bealka to approve a resolution for modification to Development Program and Development District #1 regarding Brick Pond Economic development district. Motion carried 8-0. Motion by Rob Hamlin, seconded by Don Valsvik to recommend that the City create an Ordinance prohibiting parking on grassy areas and green spaces downtown and that the City Council direct the Police Department to enforce the Ordinance. Motion carried 8-0. Motion by Rob Hamlin, seconded by Mark Ehlenz to adjourn the meeting at 8:40 p.m. All in favor. Submitted by: Shelly Schaubach Recording Secretary 2 PLANNING APPLICATION REVIEW CASE NO. SV/89-34 v. Planning Commission Meeting: June 12, 1989. Project Location: Oak Street between Hemlock and Grove Streets. Zoning District: Single Family. Comprehensive Plan District: RA Applicant's Name: Gerald Cadwell and John Doyle Type of Application: Street Vacation. PROJECT DESCRIPTION: Street Vacation request fo" the remaining portion of Oak Street between Grove and Hemlock Streets. DISCUSSION: The request is to vacate tle remaining portion of Oak Street between Grove and Hemlock Streets. On October 19, 1982, the Southwest quarter portion of this section of Oak Street was vacated. The adjacent property owners would like the remaining portions vacated so the whole section of the street between Grove and Hemlock will be vacated. Gerald Cadwell would like to build a garage and driveway and the extra property from the street vacation would allow him the extra property to build. CONDITIONS OF APPROVAL: 1. A 20 foot utility easement be maintained over the water and sewer main line and for pedestrian traffic. RECOMMENDATION: Approval. ATTACHMENTS: Location of Street Vacation. PLANNING COMMISSION RECOMMENDATION: Approval with a twenty foot easement. 440 d; • 5a' ," o' 50. So ' Sa O I / GO N' Q m m M a zo\,b°?'/�- al' 117 >4/6772;1 • 0 4 r iGL Of39 _922 7 / 5o' 4^ x Vile/9 7e 10YJc?19,/982 toq JaI��4.. .viz • 50' ` 12 GO • • ,: 1 A26 5st, /3 C� D 4 �/ ts 50' .334 • MEMO TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: AUGUST 21, 1990 SUBJECT: AGENDA ITEM #2, UNFINISHED BUSINESS, WALKWAY ON VACATED OAK STREET This morning I received a call from Virgil Crowder, 406 South Hemlock St. (corner of Oak & Hemlock), who wished to comment on the above item on the Agenda. He stated his children do not regularly use the walkway, but they are bussed during the school year to Lily Lake School and get off the bus at Pine and Grove Street. For safety purposes he would like them to be able to use the walkway so they wouldn't have to use busy Pine Street. One of the children is in first grade. ci RESOLUTION No. 8107 RESOLUTION VACATING PART OF OAK STREET WHEREAS, a petition was presented praying for vacation of a portion of Oak Street, City of Stillwater, Minnesota, hereinafter described and, WHEREAS, the Council determined that the petition was sufficient; and that the City is a Home Rule Charter City of the third class and that it was proper for the City Council to proceed with the vacation pursuant to Minn. Stat. § 440.135; and, WHEREAS, at a meeting duly called for that purpose, the City Council did on the 11th day of July, 1989, determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would be in the best interest of the City of Stillwater that a portion of the street be returned to the tax roles. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that the petition be granted in the form hereafter set forth and that the following part of Oak Street ,as presently laid out and platted, be and the same is hereby vacated: All that part of Oak Street lying between the west line of Grove Street and the east line of Hemlock Street not previously vacated by the City on October 19, 1982, subject to and reserving in the City of Stillwater an easement for the construction, maintenance and repair of municipal utilities. BE IT FURTHER RESOLVED, that a copy of this Resolution duly certified by the City Clerk shall be recorded in the office of the County Recorder, Washington County, Minnesota. Adopted by affirmative vote of all the members of the City Council this /rlisday of August, 1989. Wally , ,brahamson, Mayor Attest: Mary Lou Johnson, ity Clerk Stillwater City Council Minutes Recessed Meeting July 11, 1989 Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the request for a variance to the rear and sideyard setback requirements for the construction of a bedroom addition at 1010 No. Fourth St. in the RB, Two Family Dist., Billy Jo Elliott, Applicant, as conditioned. Case No. V/89-32. (All in favor). 2. This is the day and time for the Public Hearing on a street vacation for the remaining portion of 0ak St. between Grove & Hemlock Streets located in the RA, Single Family Residential Dist., Gerald Cadwell & John Doyle, Applicants. Case No. SV/89-34. Notice of the Hearing was published in the Stillwater Gazette on June 30, 1989 and copies were mailed to affected property owners. Ms. Pung-Terwedo reported the adjacent property owners would like the remaining portions of Oak St. between Grove and Hemlock Streets vacated so the whole section of the street between Grove and Hemlock would be vacated. Mr. Cadwell is planning to build a garage.and driveway on the extra property from the street vacation. Mr. Fontaine stated the request was approved by the Planning Commission. Mr. Cadwell presented concerns regarding the proposed pedestrian easement regarding privacy and liability and possible destruction of private property. Extensive discussion followed regarding this issue. Tony Schiks, 1322 W. 0ak St., stated the bottom of the block does not have a pedestrian easement and both portions of the vacation should be treated alike. The neighbors did not appear, evidently they don't care about the easement. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt Resolution No. 8107 approving a street vacation for the remaining portion of Oak St. between Grove & Hemlock Streets located in the RA, Single Family Residential Dist., with the condition of a 20 ft. utility easement only, Gerald Cadwell & John Doyle, applicants. Case No. SV/89-34. (All in favor). 3. This is the day and time for the continuation of the Public Hearing amending 0rd. No. 699 relating to parking regulations for Fourth St. north of Pine St. and south of Oak St. Notice of the Hearing was sent to affected property owners. Richard Kilty, 118 W. oak St., stated the ordinance, as it stands, is unfair to the neighborhood and the School District has made no effort over the last forty years to provide visitor parking. 3 • City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: Case Number SV/89-39 Dear City Council, This letter is regarding easement of the Oak Street vacation between Grove and Henlock. When 1 met with the planning commission on June 12, 1989, 1 was informed that they want a twenty foot utility easement instead of a twelve foot easement, and that they want this utility easement to double as a pedestrian easement. The main purpose of this pedestrian easement is for neighbor kids to walk through yards as they go to school. I do not have a problem with the neighbor kids cutting through my yard to go to school, but 1 do have concerns with just anybody going through my yard. The following are three reasons 1 would like the city council to remove the pedestrian easement from the vacation. 1. Privacy: With easement, there will be no privacy in any part of my yard. My family will not be able to enjoy supper in the backyard without people walking or biking through it. We won't be able to enjoy any family activities in private. 2. Liability: Who is responsible when a child riding a bike down the hill loses control and crashes into a tree and suffers severe injuries? Is the home owner or the city or both? I don't believe it to be fair for me to have that responsibility because of pedestrians' easement on my lot. There are many ways people can get injured on this easement that would be my responsibility. 3. Destruction of private property: On Monday, June 26, 1989, three bicycles rode through my garden on their way through. 1 will bring pictures to the council meeting showing this. I am very concerned about my property being used, stolen, and/or ruined. The extra traffic through that easement will surely invite more of this kind of behavior. • • In closing, my daughter is friends with all of the kids in the neighborhood, and they play and use all the yards. I don't feel we need to have a pedestrian easement where the neighborhood children are already welcome. Yours truly, A77 Jerry Cadwell 322 South Grove Street Stillwater, tv1N 55082 Enclosure Stillwater Planning .Commission June 12, 1989 There was further discussion regarding the discrepancy, and it was determined that the Commission should consider the application as it was written. The awning would fit within the Bluffland/Shoreland Ordinance and the DNR guidelines only if it was retractable. Motion by Rob Hamlin that the variance request be approved as written (a retractable awning to be used in inclement weather) with five recommended conditions of approval. Nancy Putz seconded. Motion carried 7-0; Don Valsvik abstained. Don Valsvik made a motion that the Planning Commission recognize that the previous motion was not the intent of the applicants. Rob Hamlin seconded. Motion carried 8-0. Don Valsvik made a motion that the Planning Commission recognize that the applicants' intent is for a seasonal awning and that approval would be indicated if it meets all requirements of the DNR and the Bluffland/Shoreland Ordinance. Mark Ehlenz seconded. Motion carried 5-3. Case No. SUB/89-35 - Applicant requested continuance. Case No. SV/89-34 Street Vacation -request -for -the --remaining portion of Oak Street between Grove and Hemlock Streets. Gerald Caldwell and John Doyle presented the application. The Commission recommended that there be a pedestrian easement as a second condition of approval. Mootion by Rob Hamlin, ..seconded by Mark Ehlenz that the Street Vacation request be approved with two conditions as stated. Motion carried 8-0. OTHER BUSINESS Motion by Don Valsvik, seconded by Glenna Bealka to approve a resolution for modification to Development Program and Development District #1 regarding Brick Pond Economic development district. Motion carried 8-0. Motion by Rob Hamlin, seconded by Don Valsvik to recommend that the City create an Ordinance prohibiting parking on grassy areas and green spaces downtown and that the City Council direct the Police Department to enforce the Ordinance. Motion carried 8-0. Motion by Rob Hamlin, seconded by. Mark Ehlenz to meeting at 8:40 p.m. All in favor. Submitted by: Shelly Schaubach Recording Secretary adjourn PLANNING APPLICATION REVIEW CASE NO. SV/89-34 Planning Commission Meeting: June 12, 1989. Project Location: Oak Street between Hemlock and Grove Streets. Zoning District: Single Family. Comprehensive Plan District: RA Applicant's Name: Gerald Cadwell and John Doyle Type of Application: Street Vacation. PROJECT DESCRIPTION: Street Vacation request for the remaining portion of Oak Street between Grove and Hemlock Streets. DISCUSSION: The request is to vacate the remaining portion of Oak Street between Grove and Hemlock Streets. On October 19, 1982, the Southwest quarter portion of this section of Oak Street was vacated. The adjacent property owners would like the remaining portions vacated so the whole section of the street between Grove and Hemlock will be vacated. Gerald Cadwell would like to build a garage and driveway and the extra property from the street vacation would allow him the extra property to build. CONDITIONS OF APPROVAL: 1. A 20 foot utility easement be maintained over the water and sewer main line and for pedestrian traffic. RECOMMENDATION: Approval. ATTACHMENTS: Location of Street Vacation. PLANNING COMMISSION RECOMMENDATION: Approval with a twenty foot easement. • } 3SS• •; _• Gc 0 / 8 " 1z. C . P 2.' 5 :; �.r,P G " WAT' -e ,v1,p/N / 9L 6 • • 4 33 4 • tkl • • z 0� rrz • h 1 !i 611, / vL Ot39 _9%L 2t27 J.e /50' 7 .50. 1 v Qi • 44 4TZL 50• 2. 0• �S, /fE/Tii-/ /Z. /50• • to /50 s6 fit°' %SC» 04.9/ -'%z 6? 04: • 50 ri V, / - J l�- • RESOLUTION AUTHORIZING CONCURRENT DETACHMENT AND ANNEXATION OF CERTAIN LANDS LOCATED IN THE CITY OF OAK PARK HEIGHTS PURSUANT TO MINNESOTA STATUTES § 414.061, SUBD. 5 WHEREAS, Washington County, a body politic and corporate, is the owner of certain lands located within the city limits of the City of Oak Park Heights and legally described on the attached Exhibit A; and WHEREAS, Washington County desires to have their land concurrently detached from the City of Oak Park Heights and annexed by the City of Stillwater so as to have their land located within the corporate limits of the City of Stillwater; and WHEREAS, Washington County will be initiating proceedings for the concurrent detachment of their property from the City of Oak Park Heights and its annexation to the City of Stillwater by a petition brought pursuant to Minn. Stat. § 416.061, subd. 5; and WHEREAS, if the Minnesota Municipal Board after conducting hearings finds that the concurrent detachment and annexation will be for the best interests of the municipalities, the City of Stillwater would accept the annexation of the land owned by Washington County to the City of Stillwater. NOW, THEREFORE, BE IT RESOLVED that the City of Stillwater consents to the concurrent detachment from the City of Oak Park Heights and annexation to the City of Stillwater of the land described in Exhibit A upon the conditions set forth above. Adopted by Council this day of , 1990 Attest: City Clerk CITY OF STILLWATER By: Its Mayor EXHIBIT A LEGAL IESCRIPTION OF PROPOSED ANNEXATION 0'K PARK HEIGHTS TO STILLWATER (POR ION OF GOVERNMENT CENTER SITE) That part of former Pra rie Street (now known as 62nd Street North) and MURDOCK'S ADDITION TO OAK 'ARK, now vacated, located in the Southwest Quarter of the Southwest Quarter, Section 34, Township 30 North, Range 20 West described as follows: Commencing at th- west one quarter corner of Section 34; thence southerly along he west line of Section 34, 1321.11 feet to the centerline of firmer Prairie Street; thence easterly along said centerline 130.73 feet to the point of beginning; thence continuing easterly along said centerline to its intersection with the northerly extension of the east line of former Lot 7, Block 1; thence southerly to the southeast corner of former Lot 7, Block 1; thence westerly along the south lines oformer Lots 7, 8, 9, 10, 11, and 12 to the east line of the west 18.00 feet of former Lot 12, Block 1; thence northerly along said east line of the west 18.00 feet of former Lot 12, Block 1 and its northerly extension to the point of beginning. DAVID T. MAGNUSON ATTORNEY AT LAW SUITE #260 THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 Richard C. I1kka Mr. Nile Kriesel City Coordinator 216 North Fourth Street Stillwater, MN 55082 Re: Benson Annexation Dear Nile: (612) 439-9464 July 30, 1990 I enclose the Agreement that we have drafted between the City and Maxine Benson. This has been circulated to the Bensons, to Steve Russell and yourself and this draft incorporates the various changes that everyone suggested. I would like to have this placed on the agenda for consideration by the Mayor and Council at their next meeting. Please let me know if this is possible. Very truly yours, DAVID T. MAGNUSON David T. Magn on Stillwater Ci Attorney DTM:kn Enclosure c: Maxine Benson (w/enc.) AGREEMENT THIS AGREEMENT s made this day of 990, between the City of Stillwater, Washington County, M nnesota, ("City") and Maxine Benson, an individual residing n the Town of Stillwater, Washington County, Minnesota ("Owner"). RECITALS 1. There is p:nding before the City Council of the City of Stillwater a request to annex a parcel of land containing 79 acres, brought by th Owner of the land, the Estate of Gilbert Benson (the "Benson :arm"). 2. The Owner owns a Life Estate in a parcel of property containing one acre, more or less, described in Book 253 of Deeds, page 137, tha is surrounded on three sides by the Benson Farm and on one side by property within the City of Stillwater (the "Property"). 3. That in ori'er to facilitate the annexation of the Benson Farm in the mst economical way and timesaving fashion, it is necessary for the City to annex the Benson Farm and the Owner's property in one ordinance. NOW, THEREFORE, IN ORDER to lessen the burden that this annexation might oth-rwise cause to the Owner, the City agrees as follows: CITY ACTION 1. Immediatel, upon being made part of the City of Stillwater, the City agrees to place the Property of the Owner in its Rural Taxing Dis rict pursuant to Section 56.01 of the Stillwater City Code • s • 2. The City agrees that it will defer any special assessments heretofore or hereafter made for local improvements constructed by the City pursuant to the provisions of Section 56.05 of the Stillwater City Code. 3. That the City will not require that the Owner make connection to the City sewer or water system for a period of ten years after the water or sewer becomes available unless a substantial health hazard is present or unless the request for the hookup is made by the Owner. In this event, the City agrees to spread such costs as a special assessment against the benefited lands at the assessment rate established for other land benefited by the Local Improvement, for a minimum of ten years. 4. The City agrees to provide the Owner with notice of any Planning Commission or City Council review of the development plans for the Benson Farm as if the Owner were an adjacent property owner within the City of Stillwater. 5. The City agrees to cooperate with the Owner and to allow at a minimum expense to the Owner a reasonable subdivision of the Owner's Property that would facilitate a sale of the Owner's Property to the owners of the Benson adjacent owners. In the event of this subdivision, of a portion Farm or other the City agrees that the remainder of the Owner's Property would to be held in the Rural assessments deferred on Taxing District and continue to the remaining property pursuant continue have to this Agreement. Assessments for the developed property would be payable as set forth in paragraph 3. 6. The City agrees that as part of the improvement project for the development of the Benson Farm, it will estimate the reasonable cost of sewer and water hookups to the Owner's Property and make this information available to the Owner in writing within a reasonable time thereafter. 7. This Agreement shall terminate upon the death of the Owner or the sale of the Property, whichever occurs first. IN WITNESS WHEREOF, we have set our hands this day of , 1990. CITY OF STILLWATER Wally Abrahamson, Mayor Maxine Benson Attest: Mary Lou Johnson, Clerk iliwater THE BIRTHPLACE OF MINNESOTA TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 17, 1990 SUBJECT: SECOND STREET PARKING/REQUEST TO LEASE AND/OR PURCHASE OF CITY PROPERTY ADJACENT TO THE LOWELL INN. With West Publishing moving from South Second Street to North Second Street, parking demand in the North Second Street area has increased causing more competition for the existing parking spaces. Since last Fall, the City has purchased the Lind property, clearing the house, and will be adding 20-25 temporary parking spaces on the site. The City Council has received a memo from Art Palmer about Lowell Inn parking. As you will recall, last Fall the City had appraisals prepared for the Nelle property (Lot A and B attached) and at one time had an agreement with the -Lowell Inn regarding improvements to the parking area located between the Lowell Inn and Rivertown Commons. The parking improvement would be a coordinated Lowell Inn/Rivertown Commons/City parking lot improvement project. This project did not proceed at that time but improvements to the area are still needed and becoming more necessary with increased demand. Based on the recent memo from Mr. Palmer, conditions have changed for the Lowell Inn and they are no longer in a position to purchase the City land and cannot sell the parcel located next to the Lind site. With these constraints, it may be difficult to achieve Mr. Palmer's and the City's objectives. However, the City could consider leasing a portion of the City parking lot to the Lowell Inn until a more permanent solution to the parking situation can be found. (See attached map.) RECOMMENDATION: Consideration of request and direction. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 MEMORANDUM TO: Mr. Steve Russell FROM; A. V. Palmer DATE: August 6, 1990 RE: PUBLIC/PRIVATE PARKING AREAS NORTH OF THE LOWELL INN Last fall you suggested several good design and finance ideas for starting a needed improvement program for the Block 19 parking area we share with the City. I agreed it best to divide the area along the south, east/west line of lot 8 (owned by City) into separate private and public areas. We both decided this to be a functional and efficient approach for increasing capacity and preserving the simplicity of present space/row structure and east/west drive lanes. A year has now passed. On behalf of our dissatisfied customers and staff, I ask for coopera- tion and action from the City. Law enforcement is unable to protect us from the increased en- croachment of public parking upon the private area provided by the Lowell Inn for its patrons. The result is simply intolerable. Dave Macwhorter is frustrated because there is no control over either the public or private sector areas. Four old problems just get older and worse: 1. Deterioration of parking surfaces and potential injury to Lowell Inn patrons at night. 2. Wasted parking spaces from lack of control, surface striping and tree and bank removal. 3. Consistent, abusive and uncontrollable overflow of public parking into the private area. 4. Growing dissatisfaction of Lowell Inn patrons and staff at having little or no Lowell Inn parking because West Publishing and Connolly building people take over early a.m. Solution: A first phase of our private sector project would be initiated by a zero -cost land acquisition from the City in order to enlarge and fence lots 9 and 10 for security and parking control purposes. A second phase could provide a new bituminous surface and striping. A third might eventually involve lighting, a ground -level power transformer location (to upgrade the Lowell Inn voltage level equal to downtown standards) and possibly landscaping. We desperately need the viable, phasable, "least -cost" solution described above. Severe and growing budget issues require my seeking the simplest, most frugal plan. As a result, we are be unable to pay the purchase price suggested for the small strip of City land in lot 9. The extended lease of this land for nearly half a century, plus nearly fifteen years of leasing lots 7 and 8, are factors in our favor which the Council may wish to consider. If the City transfers land to us, at no cost, improvements, done in phases, may be affordable. The recent restructuring of our businesses has eliminated the land buy/sell/exchange flexibili- ty involved in discussions and memos, on -going since 1985, between the City and ourselves. Al- so, potential changes in real estate taxes may eliminate tax increment. In the meantime, busi- ness conditions in the hospitality field continue to worsen. The attached, nine -point proposal though general, has possibilities from the perspective of our needs and resources. I offered similar proposals several weeks ago when Mayor Abrahamson inspected the area. From current reports, the City is also being subjected to serious budget constraints. There are therefore good reasons for the Council and ourselves being fearful that unless these mat- ters are addressed soon, nothing may ever be accomplished. The public interest and image of the Lowell Inn will ultimately suffer while valued customers simply decide to jo elsewhere. Sincerely, cc: Mayor Wally Abrahamson, Council Members Enclosure: "Parking Lot Improvement Proposal" CITYAUO.DOC PAGE 2 August 6, 1990 PARKING LOT IfPROVE„ 1EftT PROPOSAL August 6, 1990 The following nine point plan is suggested in order to lay a foundation for solving the growing encroachment of un- controlled public parking and surface deterioration prob- lems of parking areas in Block 19, City of Stillwater. Procedure: 1. Public sector (City of Stillwater) improve the area north of the south east/west line of lots 8 and 19 Block 19, City of Stillwater. 2. Private sector (Lowell Inn, Inc.) improve the area south of the south east/west line of lots 8 and 19 Block 19, City of Stillwater. 3. Public sector transfer title to Lowell Inn, Inc. for that portion of lot 9 Block 19, City of Stillwater owned by the City of Stillwater. 4. Each sector fund and finance their respective im- provements according to their respective plans, bud- gets and time frames. City Plan: 1. City will control two rows of parking for the public area using term parking meters and contract parking permits. 2. City will provide lighting sufficient to provide ad- ditional lighting between and beneficial to both pri- vate and public parking areas. Lowell Inn Plan: 1. Lowell Inn will control four rows of parking for the private area for free use by Lowell Inn customers and employees. 2. Lowell Inn will eliminate general use of the driveway north of the existing garage by providing a locked security gate. 3. Lowell Inn will secure the private area from night-time vandalism by fencing the north and east lines of lot 9 with chain link. TERMS OF - CITY/NELLE SECOND STREET PARKING LOT IMPROVEMENT AGREEMENT The following is a description of the elements of a Second Street Parking Lot Improvement Agreement for the area between the Lowell Inn and Rivertown Commons. A map of the area is attached. Nelle purchase 30x150 feet of land from the City for a parking lot. $6.00/square foot appraisal, 4500x$6.00=$27,000 "Lot A" - City purchases from Nelle "Lot B" for future parking lot, 12,500 square feet appraisal, $31,250. City pay $3.00 square foot=$37,500 (see appraisal attached). Nelle (44 spaces), City (37 spaces) and Rivertown Commons (8 spaces) parking lots are improved (grading, drainage, paving, lighting, landscaping, meters (City) through local improvement project. - Nelle and Rivertown Commons are assessed for their respective parking lot improvement costs estimated at $47,000 and $6,700 respectively. City assess benefiting properties for City parking lot improvement costs estimated at $28,000. - City enter into agreement with Nelle to reimburse Nelle for eligible site improvement cost for parking lot and balance for purchase price for "Lot B" with captured Tax Increment proceeds estimated at $14,000/year. POSSIBLE OPTION - City enter into a ten year option agreement with Nelle to sell to Nelle City parking lot land as long as replacement parking is provided. _9r w_4_ 74,101wslo o.1 o: r ?71c3'A 051 02a o . 0/ 0=/690/ 0922 �-/6907 Q' WI, 1rAy7,c91,0-??) ssoajos-r i991H) b/Jb'.�'WLVO0 ' uN � %Ix." o'5 ' 41/417?-9 .0- c 5g : 22 ' e� ' N - / '4 6 �. h.. /'f "OZc2. o Ii•F- •'•• o. • , ' L'b 0/0 • o9 w a I00-, o r J i_, • /- 6: 9 - / 69 / L 0 1 . n o - -- 09 ---- �, / 6 9 0 / .2 = Qr-frz 'A a 77 d ,£ • — 9E 0,02 - ' Aa'?':797/)W oC 06'70/ 00/ �za mooo / ossL :._06%0� oo/, nr„/ _.nirnr,i N 0 54 ,os, ; ' 2, °IU// -- . -6,/ a, s, dr 9, .-/6907 1' 207• •. ,i r� ' O -- LL�' /6%O/ oS6c o-L E' - / 6 90/ • 0960 9/ tl .^ G T 1----",;4'; NA .7., cri r. O/L.F /6 70I .-2/, / :..;) 0E-7E- - /690/ 404 I; 4...___.,-, 05• �S 9F' -/6 90/ y-v6sF' `----\ N ./69OA H Z 0/-A. i s 027 ' - /67o/ A.\, 079E- - /690/ ir • Z £ i 0 S OG 00 z .on0t1 d`vnd . O-fr.S F' . — /6 90/ b o 1 ,os/ S , . • ,..9 090 . o 4'/L -Y 2"-711 1-1.r ��? s S'24E A „ o£ , 8 • 2:9E` 0` / oa '-06'70/ 9 00E- o0 • o0'79 • Memo to: Mayon and Council From: City Coordinator Re: Request to lease or purchase City property Da: July 30, 199►0 In 1989 the Board of Water Commissioners released a small strip of land that is adjacent to the Lowell Inn property and other City owned land on North end Street. The land was previously used by the Water Board for a water service but the service has been abandoned. This property had been leased to the Lowell Irsn for parking for rnany years and it is my under- standing that Mr. Palmer now wants to purchase this property for parking purposes. I would recommend that the Council direct Steve Russell to review the request and to make a report/recommendation to the Council on the feasibility of the sale of the property. The issue would be whether or not the City should retain the property for a public parking lot as has beers discussed in the past or allow the land to be used solely by the Lowell Inn. 1 • Reg No. Date February27, 1989 Reg. No. ec • BOARD CIF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER - MINNESOTA TO Lowell Iran 102 N ::ccond St. :;ti1lwliLea Linn '�082 ant of property at North ;,ccond Street for year 199 9 k21;0 Board of Water Commissioners STILLWATER, MINNESOTA TO Rent L 240.00 3 O a) 4- Y N • • Stillwater, Minnesota, January 8, 1959 Regular Meeting: The reguln r meeting of the Board of Water Commissioners was held on Thursday January•8, 1959 at 4:30 P. M. All Commissioners present. President Kloinschnitz presiding. The minutes of the regular meeting held on December 11, 1958 and the special meeting held on December 26, 1958 were rend and approved. The matter of real estate transaction between the Board of Water • Commissioners or City of Stillwater and the :St. Croix Development Company was discussed, but since the City Council had taken no forrna_l action in the matter, no action was taken by the Boa rd. The Secretary read a letter dated January 6, 1959 from ' r thur V.• Palmer of the Lowell .Inn asking -that. the Board rent certain property, more specifi.cially.•the•.South 20 feet of Lot 8 and the North. 6 feet of Lot 9, all. in 131ock• 19 of the Original Town, now City of Stillwater, to the .Lovell Inn to be used for •parking purposes. If•granted permi ssi on to use this•property, Mr.. Palme r would• like to improve the area•with surface grading,' black tonpiirg,. parkin stripes and curbin 0n. motion of Commissioner Peaslee, duly seconded by Commissioner Bloom, all voting "Aye the above described property be leased to •t-he Lowell Inn., for parking purposes only at the. rate. of 20 per•month ,•if after investigation by Mr. Grove•found• to be feasible. The matter of salary and wage increases was discussed. On motion of Commissioner Peaslee, duly seconded by Commissioner Bloom, all voting "Aye", new salaries and wri es effective January 1, 1959 be as follows: Herbert S. Grove 4560.00 r,io. Harold L. Foster 440.00 mo. Lester Ia.. Brower 30.00 mo. Herbert `:!. Lange 2.10 hr. add'i 10.00 foreman Etsfern D. Andrew:. 2.05 hr. Stephen J. Colombo 1.75 hr. Owen 13. Thomas 1.65 hr. George Diets; er t 1.60 hr. Pick-up labor 1.50 hr. more i f necessary t2 Y J r • 1 VI 1.3 b, • Os ,� • n I r GI 1 I "` ,I 1.1 e} ,I.„.- 0 Q t .n c e / 1 . I . '' '� �/ x ► y !• • { ' � L r.r. d T �•. a C . i . 1, W 1., W % •lei C.- _._ _.. _... 1., 'p r a-, l- 1 N i r, ,, — %. ST , • .•...� 40 •� ,v, s' O �._ .. w. N 2NO' $ Tar! OIV O .2'+ 3, • o ..._ LEA-_--__.._.. m 1�EM N vo il:wl�L ' 1_ ,s .v.i _... 0 ����c'i my VI • v l.� ' N 1:'; • ti I— {-. ifs ' : 1 1 'I r=l -1. '! r • • • \. 1 ./ ;/ / / / / /1 !r f {i • • \.1 :1 0 U MEMORANDUM TO: Mr. Steve Russell FROM; A. V. Palmer DATE: August 6, 1990 RE: PUBLIC/PRIVATE PARKING AREAS NORTH OF THE LOWELL INN Last fall you suggested several good design and finance ideas for starting a needed improvement program for the Block 19 parking area we share with the City. I agreed it best to divide the area along the south, east/west line of lot 8 (owned by City) into separate private and public areas. We both decided this to be a functional and efficient approach for increasing capacity and preserving the simplicity of present space/row structure and east/west drive lanes. A year has now passed. 0n behalf of our dissatisfied customers and staff, I ask for coopera- tion and action from the City. Law enforcement is unable to protect us from the increased en- croachment of public parking upon the private area provided by the Lowell Inn for its patrons. The result is simply intolerable. Dave Macwhorter is frustrated because there is no control over either the public or private sector areas. Four old problems just get older and worse: 1. Deterioration of parking surfaces and potential injury to Lowell Inn patrons at night. 2. Wasted parking spaces from lack of control, surface striping and tree and bank removal. 3. Consistent, abusive and uncontrollable overflow of public parking into the private area. 4. Growing dissatisfaction of Lowell Inn patrons and staff at having little or no Lowell Inn parking because West Publishing and Connolly building people take over early a.m. Solution: A first phase of our private sector project would be initiated by a zero -cost land acquisition from the City in order to enlarge and fence lots 9 and 10 for security and parking control purposes. A second phase could provide a new bituminous surface and striping. A third might eventually involve lighting, a ground -level power transformer location (to upgrade the Lowell Inn voltage level equal to downtown standards) and possibly landscaping. We desperately need the viable, phasable, 'least -cost' solution described above. Severe and growing budget issues require my seeking the simplest, most frugal plan. As a result, we are be unable to pay the purchase price suggested for the small strip of City land in lot 9. The extended lease of this land for nearly half a century, plus nearly fifteen years of leasing lots 7 and 8, are factors in our favor which the Council may wish to consider. If the City transfers land to us, at no cost, improvements, done in phases, may be affordable. The recent restructuring of our businesses has eliminated the land buy/sell/exchange flexibili- ty involved in discussions and memos, on -going since 1985, between the City and ourselves. Al- so, potential changes in real estate taxes may eliminate tax increment. In the meantime, busi- ness conditions in the hospitality field continue to worsen. The attached, nine -point proposal though general, has possibilities from the perspective of our needs and resources. I offered similar proposals several weeks ago when Mayor Abrahamson inspected the area. From current reports, the City is also being subjected to serious budget constraints. There are therefore good reasons for the Council and ourselves being fearful that unless these mat- ters are addressed soon, nothing may ever be accomplished. The public interest and image of the Lowell Inn will ultimately suffer while valued customers simply decide to .o elsewhere. Sincerely, cc: Mayor Wally Abrahamson, Council Members Enclosure: 'Parking Lot Improvement Proposal' CITYAUO.DOC PAGE 2 August 6, 1990 • PARKING LOT IMP9QVi 1{ 1iT PROPOSAL August 6, 1990 The following nine point plan is suggested in order to lay a foundation for solving the growing encroachment of un- controlled public parking and surface deterioration prob- lems of parking areas in Block 19, City of Stillwater. Procedu'ret. 1 Public sector (City of Stillwater) improve the area north of the south east/west line of lots 8 and 19 Block 19, City of Stillwater. 2. Private sector (Lowell Inn, Inc.) improve the area south of the south east/west line of lots 8 and 19 Block 19, City of Stillwater. 3. Public sector transfer title to Lowell Inn, Inc. for that portion of lot 9 Block 19, City of Stillwater owned by the City of Stillwater. 4. Each sector fund and finance their respective im- provements according to their respective plans, bud- gets and time frames. City Plan: 1. City will control two rows of parking for the public area using term parking meters and contract parking permits. 2. City will provide lighting sufficient to provide ad- ditional lighting between and beneficial to both pri- vate and public parking areas. Lowell Inn Plan: 1. Lowell Inn will control four rows of parking for the private area for free use by Lowell Inn customers and employees. 2. Lowell Inn will eliminate general use of the driveway north of the existing garage by providing a locked security gate. 3. Lowell Inn will secure the private area from night-time vandalism by fencing the north and east lines of lot 9 with chain link. • • • ORDINANCE NO. ESTABLISHING SALARIES OF THE MAYOR AND COUNCIL OF THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 1. Ordinance No. 684 of the City of Stillwater shall be repealed effective January 1, 1991. Section 2. Amending Section 22.03 of the Stillwater City Code, said Section 22.03 shall hereafter read as follows: "22.03. Salaries Established. Each Council Person of the City of Stillwater shall, during the term of office, be paid the sum of $ 500.00 per month, said sum to be paid monthly. The Mayor of the City of Stillwater shall, during the term of office, receive the sum of $ 600.00 per month, payable monthly." Section 3. This ordinance shall beYin full force and effect from and after January 1, 1991, and its passage and publication according to law. Passed by the City Council this day of August, 1990. Published: ATTEST: CITY CLERK MAYOR iljwater THE BIRTHPLACE OF MINNESOTA TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR /L--"— DATE: AUGUST 17, 1990 SUBJECT: BUILDING PERMIT FEES. The Building Official has informed me that he thinks it is time to raise Building Permit Fees. As you may recall, this has been considered in the past. RECOMMENDATION: Decision on Building Permit Fee increase. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 , �� ~�' -rck= Steve Russell, Community Development Director 0 0 F:- FR C3 M ALLEN 0~ ZEPPER, Building Official ��" --V August 8, 1990 RE: Permit Fees Although it is not my favorite subject, I am compelled to "bite the Bullet" and recommend a permit fee hike. My reason for this is the fact that we are using the previous fee schedule, and when the 1991 Code comes out, there will probably be another increase. we will then be two fee increases behind. There is a movement on the West Coast to make the fee schedule part of the adopted code, and therefore mandatory, and not amendable as it now is. If that were to occur, we would be forced to adopt a very large increase at one time. This may upset quite a number of people. I have included a copy of proposed fee schedule increases, in two parts to make the increase less offensive. I have only suggested the dates, and have no strong feelings as to what is adopted. Thank You VALUATION . 1 - 500 501 - 600 = 11.30 601 - 700 = 12.60 800 = 13.90 801 - 900 = 15.20 901 - 1,000 = 16.50 1,001 - 1,100 = 18.10 1,101 - 1,200 = 19.70 1,201 - 1,300 = 21.30 1,301 - 1,400 = 22.90 1,401 - 1,500 = 24.50 1,501 - 1,600 = 26.10 1,601 - 1,700 = 27.70 1,701 - 1,800 = 29.30 1,801 - 1,900 = 30.90 1,901 - 2,000 = 32.50 r701 FEE (Yo) '7/,./9/ VALUATION $10.00 ) Z.50 /5O0 $13 , 001 - 14,000 /42o /S 8o //5 / ?io 20 7.5 Z3 co / 7. oo 19 00 00 )3. 00 ;500 c27. 00 „No/5 31.0A 3155 3335 35/5 34..95 3? 75 33co 3500 3') PO 39 00 q1 00 y3 00 4/500 2,,001 -' 3,001 - 4,001 5,001 6,001 7.001 8,001 9,001 3 , 000-= 4,000 = 5,000 = 6,000 = 7,000 = 8,000 = 9,000 = 10,000 = 14E,001 15,001 16,001 17,001 18,001 19,001 20,001 21,001 22,001 23,000 24,001 3s50 44.50 50.50 56.50 62,50 68.50 74.50 80.50 10,001 - 11,001 - 12,001 - 11,000 = 12,000 = 13,000 = 86.50 92.50 98.50 94. Z5 53)5 L1 a5 L cI 0 (63. 25 9I ZC 10(0,5 I13.75 121. z5 1351400 a� - 15,000 16,000 = 17,000 = - 18,000 = - 19,000 = - 20,000 = - 21,000 = - 22,000 - 23,000 - 24,000 = - 25,000 = FEE r%O(e) 7/4/f t $104.50 Izg.2, /5, • ' 110.50 116.50 122.50 128.50 134.50 140.50 146.50 152.50 158.50 164.50 170.50 175.00 179.50 184.00 188.50 25,001 - 26,001 - 27,001 - 28,001 - 29,001 30,001 31,001 32,001 33,001 34,001 35,001 36,001 37,001 38,001 39,001 26,000 = 27,000 = 28,000 = 29,000 = /3/•25 / 43.75 /57.15 173•?5 In-25 128.25 /94•Z5 vl03.75 0211.25 Z1t,-75 22L 2S 227 75 L33z5 - 30;000 = 193.00 Z3i25 - 31,000 = 197.502L I2$ 32,000 = 202.00241q 75- - 33,000 = 206.50 2.55z5 - 34,000 = 211.00 2/0075 - 35,000 215.50 Z4fov` - 36,000 = 220.00 271 75 37,000 = 224.502772-5 - 38,000 = 229.00 2$Z75. - 39,000 = 233.50 2. 25 - 40,000 = 238.00 Z937,5j3y95c V ..LUdi L.vLL 1 cc 40,001 - 41,000 = 242.50 .41,001 - 42,000 = 247.00 42,001 - 43,000 = 251.50 43,001 - 44,000 = 256..00 44,001 - 45,000 260.50 45,001 - 46,000 = 265.00 46,001 - 47,000 = 47,001 - 48,000 = 48,001 - 49,000 = 49,001 - 50,000 = 50,001 - 51,000 = 51,001 - 52,000 = 52,001 - 53,000 = 53,001 - 54,000 = 54,001 - 55,000 = 55,001 - 56,000 = 56,001 - 57,000 = 57;001 - 58,000 = 58,001 - 59,000 = 59,001 - 60,000 = 60,001 - 61,000 61.001 - 62,000 62,001 - 63,000 63,001 - 64,000 64,001 - 65,000 65,001 - 66,000 = 66,001 - 67,000 = 67,001 - 68,000 = 68,001 - 69,000 = 69,001 - 70,000 = Nw& %////57/ 30V75 3�z-So 310 2 5 3(4'y. 0'D 3/575 52.557 324 Z.5! 39z.Lo 3 Z6,75' 32,-.b vutuaL..L.L)L1 70,001 - • 71,001 - 72,001 - 73,001 - 74,001 - 75,001 - 269 . 50 33225 39.5 76,001 274.00 33775 'fol. 50 77,001 278.50 3 3;5 ioef uG 78,001 283.00 34e75 4R/so 79,001 286 .001 352. o 4ii " j 259.00 3542.3250 2 9 2.0 01 36, 0 0D 4zg-off 295.00 363.75 432.5° 298.00 34,7.50 43206 ree 71,000 = 346.00 72,000 = 349.00 73,000 =. 352.00 74,000 = 355.00 75,000 = 358.00 76,000 = 361.00 - 77,000 = 364.00 - 78,000 = 367.00 - 79,000 = 370.00 - 80,000 = 373.00 85,000 = 388.0 90,000 = 403.0 95,000 = 418.0S 100,000 = 433.0' 301.00,37i.Z5 41/5aover $100,000 add $3.5411° for each 304.003?5.00 1T additional $1,000 or any fraction 4. o.,So thereof . 307.00�3?� 7,S 3I0 .00 32Z.5o 455.0o 2 313.00i 74L. 574159. 5 1, e:-..5-1, e'el.,-, /144r-d. � i i = 316.00 3o,0o 4j f• D' = 319.00 39315 416,6)50 = 322.0039750 193O0 t = 325.00 .0/.25 4975S = 328 .00 405.'0o'{8z oo 331 .00140a 75 4e6601 1 334.0014/2..5o 49/ fry 337 .00 4IL.. 5 475.$o 340.00 4.0a0 rj0O00 vf9 ) 4?75t .505-va .43:25 'i35. o0 438.75 `(4z 50 946z5 Q5ow 4:3.75 'VP 5t3 522• 5O 527vv 531.) ,536 az) 540 .5L{9.5 4gocv5wo 49875 59y. �b 5i 7 50 534 a5 343.00 933 Z cf.. o fiNvater THE BIRTHPLACE OF MINNESOTA August 17, 1990 Mr. Jonathan D. Deason Director of Office of Environmental Affairs United States Department of Interior Office of the Secretary Washington, D.C. 20240 SUBJECT: UNITED STATES DEPARTMENT OF INTERIOR RESPONSE TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE MINNESOTA STATE TRUNK HIGHWAY 36 AND WISCONSIN STATE TRUNK HIGHWAY 64. Dear Mr. Deason: The City of Stillwater is disappointed in the Department of Interior's (DOI) comments on the Draft Environmental Impact Statement (DEIS) and feel they are incomplete and neglect to carry out the statutory responsibilities of the DOI. DOI complete participation in the bridge decision process is important to Stillwater because Stillwater's economy and quality of life is affected by the current traffic situation and dependent on the decision, the City has much to lose or gain. The DOI comments inadequately address the resource preservation and protection policies of the Wild and Scenic Rivers Act, Lower St. Croix Master Plan and neglect the statutory responsibility under the Council on Environmental Quality Regulations. The Wild and Scenic Rivers Act states "it is hereby declared to be the policy of the United States that selected rivers of the Nation which with their immediate environments possess outstanding remarkable scenic, recreational, geological, fish and wildlife, historic, and cultural or other similar values shall be preserved in free -flowing condition, and trust they and their immediate environments shall be protected for the benefit and enjoymentof present and future generations". The Lower St. Croix Master Plan prepared and adopted by State and Federal natural resource agencies to protect and manage the Lower St. Croix River describes the St. Croix River environs as having "a colorful history that follows the development of the upper Midwest from -the days of the Indian through the logging era." The plan further recommends that "the development and management of the St. Croix should place a primary emphasis'on maintaining and enhancing aesthetic, scenic, historic, fish and wildlife, and geological features." and "that all communities along the St. Croix that still retain some of the historic flavor should be encouraged in their efforts to maintain their cultural and historic character." The Council on the Environmental Quality Regulations (49 U.S.C. Section 303) designate the National Park Service (NPS) as the agency responsible for consultation concerning the protection of any historic sites which may be impacted by a transportation project. The DOI is designated the nations custodian of cultural and heritage resources. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 • The Wild and Scenic Rivers Act and Lower St. Croix Master Plan recognize the historic and cultural resources along the St. Croix Riverway. Stillwater is one of the oldest settlements on the St. Croix and contains historic and cultural resources. In 1848, the Minnesota Territorial Convention establishing Minnesota was held on the banks of the St. Croix River in Downtown Stillwater. Since that early date, Stillwater and the river have grown and evolved together through the early lumbering, agricultural, and manufacturing eras. In 1987, the NPS funded an intensive National Register Survey of Downtown Stillwater. As a result of the survey, the Stillwater Downtown Commercial Historic District was nominated. The eleven block area borders the St. Croix River on the east. In the historic district, sixty one of a total eighty structures are classified as contributing structures, including Lowell Park and the Milwaukee and St. Paul Depot and Feighthouse (NR). The Stillwater/Houlton Interstate Bridge (NR) connects the Downtown Historic District with Kolliner Park on the Wisconsin banks of the St. Croix River. In 1988, the City of Stillwater adopted a Comprehensive Master Plan for the Downtown. The plan, as with the Lower St. Croix Master Plan, identifies the historic and cultural resources located in that area as well as the natural setting and resources of the St. Croix River. The plan calls for the preservation of Stillwater's downtown and riverfront open space so it can be enjoyed by future generations as it has been by past generations. Design guidelines have been adopted and a design review process established to ensure the historic buildings are preserved. The City, with support from Minnesota Department of Natural Resources and the Minnesota/Wisconsin Boundary Area Commission and the Minnesota Parks and Open Space Grant Program are purchasing Mulberry Point as an extension of Lowell Park and the City riverfront parks and open space system. From this brief description, it should be apparent that tnere are recognized significant, cultural, and historic resources located along the St. Croix Riverway that need preservation and protection and that the City of Stillwater is doing what it can through planning, regulations, and expenditures to preserve, protect and enhance those resources. A review of the DOI nine page response to the DEIS indicates a keen awareness of Wild and Scenic resource impacts, such as fish and wildlife, minerals, endangered species, and visual impacts (viewed from the river) but a noticeable absence of historic and cultural -resources discussion (except archeological). The natural environment needs protection and preservation just as the manmade cultural and historic resources need protection and preservation. In fact, DOI suggests that no new bridge be constructed or, if a new bridge is constructed, the historic lift bridge be demolished. These actions have a major detrimental impact to the Downtown Historic District. If the highway leading to the new bridge is widened to increase capacity and accommodate traffic demand, fifteen to twenty contributing structures in the Downtown Commercial Historic District will have to be removed. 2 • The explanation, offered by NPS Staff to date for the lack of consideration of historic and cultural resources, is understaffing and workload and reliance on other State and local agencies to advocate those concerns. This explanation is unacceptable because the preservation of the National, State and Local historic and cultural resources is not just a local responsibility but a shared responsibility and the Council on Environmental Quality Regulations require NPS active participation. The City of Stillwater requests that our concerns for the natural, as well as the cultural and historic resources of the St. Croix River Valley and historic Stillwater, be shared and represented by the Department of Interior. Sincerely, Mayor City of Stillwater c.c. Don Castleberry, Regional Director Midwest Regional Office, National Park Service. Jacob J. Hoogland, Chief of Environmental Quality Division, National Park Service. Jerry L. Rogers, Associate Director, Cultural Services, National Park Service. Anthony L. Anderson, Superintendent, St. Croix National Scenic Riverway Leonard W. Levine, Commissioner, Minnesota Department of Transportation Michael Lewis, MnDOT, Project Manager, Stillwater/Houlton Bridge EIS. Nina Archabald, Director of Minnesota Historical Society Dennis Gimmestad, Minnesota State Historic Preservation Office Duane Hubbs, Stillwater Heritage Preservation Commission Charles Woodward, President, Washington County Historical Society Ann Weinheimer, Advisory Council on Historic Preservation Tim Turner, Director, Midwest Regional Office, National Trust for Historic Preservation Jim Harris, Executive Director, Minnesota -Wisconsin Boundary Area Commission. Sally Evert, Washington County Commissioner, Chair, Bridge Task Force. 3 • • • THE BIRTHPLACE OF MINNESOTA August 17, 1990 Mr. Jonathan D. Deason Director of Office of Environmental Affairs United States Department of Interior Office of the Secretary Washington, D.C. 20240 SUBJECT: UNITED STATES DEPARTMENT OF INTERIOR RESPONSE TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE MINNESOTA STATE TRUNK HIGHWAY 36 AND WISCONSIN STATE TRUNK HIGHWAY 64. Dear Mr. Deason: The Department of Interior's (DOI) comments on the Draft Environmental Impact Statement (DEIR) for the Highway 36-64 bridge alignments are disappointing and confusing -to the City of Stillwater. (Stillwater is a part of the bridge decision process because we are currently faced with the existing traffic problems and have a large stake in the project, dependent on selection of tne traffic solution.) The DOI comments inadequately address the resource preservation and protection policies of the Wild and Scenic Rivers Act, Lower St. Croix Master Plan and neglect the statutory responsibility under the Council on Environmental Quality Regulations. The Wild and Scenic Rivers Act states "it is hereby declared to be the policy of the United States that selected rivers of the Nation which with their immediate environments possess outstanding remarkable scenic, recreational, geological, fish and wildlife, historic, and cultural or other similar values shall be preserved in free -flowing condition, and trust they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations". The Lower St. Croix Master Plan prepared and adopted by State and Federal natural resource agencies to protect and manage the Lower St. Croix River describes the St. Croix River environs as having "a colorful history that follows the development of the upper Midwest from -the days of the Indian through the logging era." The plan further recommends that "the development and management of the St. Croix should place a primary emphasis'on maintaining and enhancing aesthetic, scenic, historic, fish and wildlife, and geological features." and "that all communities along the St. Croix that still retain some of the historic flavor should be encouraged in their efforts to maintain their cultural and historic character." The Council on the Environmental Quality Regulations (49 U.S.C. Section 303) designate the National Park Service (NPS) as the agency responsible for consultation concerning the protection of any historic sites which may be impacted by a transportation project. The DOI is designated the nations custodian of cultural and heritage resources. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 • • The Wild and Scenic Rivers Act and Lower St. Croix Master Plan recognize the historic and cultural resources along the St. Croix Riverway. Stillwater is one of the oldest settlements on the St. Croix and contains historic and cultural resources. In 1843, the Minnesota Territorial Convention establishing Minnesota was held on the banks of the St. Croix River in Downtown Stillwater. Since that early date, Stillwater and the river have grown and evolved together through the early lumbering, agricultural, and manufacturing eras. In 1987, your NPS funded an intensive National Register Survey of Downtown Stillwater. As a result of the survey, the Stillwater Downtown Commercial Historic District was nominated. The eleven block area borders the St. Croix River on the east. In the historic district, sixty one of a total eighty structures are classified as contributing structures, including Lowell Park and the Milwaukee and St. Paul Depot and Feighthouse (NR). The Stillwater/Houlton Interstate Bridge (NR) connects the Downtown Historic District with Kolliner Park on the Wisconsin banks of the St. Croix River. In 1988, the City of Stillwater adopted a Comprehensive Master Plan for the Downtown. The plan, as with the Lower St. Croix Master Plan, identifies the historic and cultural resources located in that area as well as the natural setting and resources of the St. Croix River. The plan calls for the preservation of Stillwater's downtown and riverfront open space so it can be enjoyed by future generations as it has been by past generations. Design guidelines have been adopted and a design review process established to ensure the historic buildings are preserved. The City, with support from Minnesota Department of Natural Resources and the Minnesota/Wisconsin Boundary Area Commission and the Minnesota Parks and Open Space Grant Program are purchasing Mulberry Point as an extension of Lowell Park and the City riverfront parks and open space system. From this brief description, it should be apparent that there are recognized significant, cultural, and historic resources located along the St. Croix Riverway that need preservation and protection and that the City of Stillwater is doing what it can through planning, regulations, and expenditures to preserve, protect and enhance those resources. A review of the DOI nine page response to the DEIS indicates a keen awareness of Wild and Scenic resource impacts, such as fish and wildlife, minerals, endangered species, and visual impacts (viewed from the river) but a noticeable absence of historic and cultural resources discussion (except archeological). The natural environment needs protection and preservation just as the manmade cultural and historic resources need protection and preservation. In fact, DOI suggests that no new bridge be constructed or, if a new bridge is constructed, the historic lift bridge be demolished. These actions have a major impact on the Downtown Historic District. If the highway leading to the new bridge is widened to increase capacity and accommodate trafic demand, fifteen to twenty historic district contributing structures will have to be demolished. The explanation offered by NPS Staff to date for the Tack of consideration of historic and cultural resources is understaffing and workload and reliance on other State and local agencies to mention those concerns. • This explanation is unacceptable because the preservation of the National, State and Local historic and cultural resources is a shared responsibility and the Council on Environmental Quality Regulations require NPS participation. The City of Stillwater requests that our concerns for the natural, as well as the cultural and historic resources of the St. Croix River Valley and historic Stillwater, be shared by the Department of Interior. Sincerely, Mayor City of Stillwater c c. Don Castleberry, Regional Director Midwest Regional Office, National Park Service. Jacob J. Hoogland, Chief of Environmental Quality Division, National Park Service. Jerry L. Rogers, Associate Director, Cultural Services, National Park Service. Anthony L. Anderson, Superintendent, St. Croix National Scenic Riverway Dennis Gimmestad, Minnesota State Historic Preservation Office Ann Weinheimer, Advisory Council on Historic Preservation Tim Turner, Director, Midwest Regional Office, National Trust for Historic Preservation Michael Lewis, MnDOT, Project Manager, Stillwater/Houlton Bridge EIS. Jim Harris, Executive Director, Minnesota -Wisconsin Boundary Area Commission. 3 illWater THE BIRTHPLACE OF MINNESOTA TO: MAYOR AND CITY COUNCIL FROM: PLANNING STAFF DATE: AUGUST 15, 1990 SUBJECT: DISCUSSION OF PROPOSAL AND ESTIMATED COSTS FOR PREPARATION OF A GRAPHIC DEPICTING CENTRAL CORRIDOR BRIDGE IMPACT ON DOWNTOWN STILLWATER. BACKGROUND: One of the major reasons for support of the Southern Bridge Corridor alternative is due to the detrimental visual impacts of a Central Bridge Corridor on Downtown Stillwater. The Central Corridor location would degrade the quality of those visiting Lowell Park. The main view from the park would not be Kolliner Park and the Wisconsin river bluffs but a highway bridge. Also, a Central Corridor Bridge would alter the panoramic view of Stillwater with the natural bluffs, beautiful church steeples, historic commercial buildings, and historic homes. This setting is what makes Stillwater unique. RECOMMENDATION: In order to visualize the Central Corridor impact on Downtown Stillwater, a graphic depicting a new bridge at this location may be a dramatic useful tool. (One picture may be worth a thousand words.) The following views may be used to show the detrimental visual impacts on Downtown Stillwater: - View of the river from the Broadway Street overlook. - Views of the Wisconsin bluffs from Lowell Park. - View of Stillwater from Kolliner Park. A cost estimate of the graphic will be provided at meeting time. RECOMMENDATION: Direction in preparation of graphic. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. 41,Na ( 7.71 ? 1_, .,e 1. 1!G OWNER: CITY OF STILLWATER LOCATION: STILLWATER, MINNESOTA OWNER'S PROJECT NO. ENGINEER'S PROJECT NO. 89255 CONTRACTOR VISU-SEWER CLEAN & SEAL, INC. CONTRACT DATE 2849 HEDBERG DRIVE MINNETONKA, MN 55343 CONTRACT AMOUNT $4,802.00 CONTR. FOR TELEVISION INSPECTION OF SANITARY SEWERS - DOWNTOWN IMPROVEMENTS APPLIC.DATE P•IOD END . �130 U /9-.0 7��0 DESCRIPTION APPLICATION FOR PAYMENT CONTRACT UNIT QUANTITY QUANTITY UNIT TO DATE PRICE TOTAL 1. TELEVISE 4" VCP 2. TELEVISE 6" VCP 3. TELEVISE 8" VCP 4. TELEVISE 10" VCP 5. TELEVISE 12" VCP 6. TELEVISE 14" VCP • PAGE 1 OF 3 L.F. L.F. L.F. L.F. L.F. L.F. 250 1295 925 635 3050 270 0/6 //39 7 9� 3/0 9 SHORT-ELLIOTT-HENDRICKSON, INC. 0.40 $ 0.40 s 3a6 0.40 $ Ov 0.40 $ /9f 0.40 $ 1013 0.40 7. TELEVISE 15" VCP 8. TELEVISE 18" VCP 9. TELEVISE 24" VCP 10. TELEVISE 30" VCP 11. TELEVISE 33" VCP 12. TELEVISE 36" VCP 13. TELEVISE 40" BRICK 14. TELEVISE 48" BRICK 15. TELEVISE 10-1/2" X 16. TELEVISE 30" X 45" 17. TELEVISE 24" X 36" • 14-1/ BRICK BRICK . • APPLICATION FOR PAYMENT (Continued) L.F. L.F. L.F. L.F. L.F. L.F. L.F. L.F. CEM L.F. L.F. L.F. 1150 3%S 1650 4?-6 7 300 067 0.40 $ 1: 6 c^ G 0.40 $ 50�of 0.40 $ 54%5 (oG 335 f6.3 0.40 $ v6S? 275 0.40 $ 100 73 0.40 $ 410 400 375 235 /8S 350 �0 3 0.40 $ 0.40 $ 0.40 $ 0.40 $ 0.40 $ _� PAGE 2 OF 3 SHOR -ELLIOTT-HENDRICKSON, INC. . .2PLICATION FOR PAYMENT - Continua-+. Total `Contract Amount $ 4,602.00 Total Amount Earned $ 3595 Material Suitably Stored on Site, Not Incoporated into Work •ontract Change Order No. Contract Change Order No. Contract Change Order No. CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears 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 under- signed incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all material and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Percent_ Complete Percent Complete Percent Complete /00 °4) av •ted COUNTY OF STATE OF 7 3U ,1990. 3efore m- on this 1 and say that he is the that he executed the above App and that all of the statements My Commission Expire SS day of $ GROSS AMOUNT DUE $ 70 9,‘ LESS C % RETAINAGE $ — C) — AMOUNT DUE TO DATE $ 7 Q 9S LESS PREVIOUS APPLICATIONS $ 3 Ws ,-- S AMOUNT DUE THIS APPLICATION$ 3 C 7 1 7-) Visu-Sewer Clean & Seal, Inc. (Contractor) By (Name and Title) /S72i cT /21,617./�6 , 19 90 personally appeared known to me, who being duly sworn, did depose #9n296/P of the Contractor above mentioned; (Office) lication for Payment and Affidavit on behalf of said Contractor; contained therein are ue, correct and,somplet (Notary Public The undersigned has checked the Contractor s 'pp ication for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the •ount Due. Date u 9 1 ! 9 gd SHORT E�O THEN ICKSON, INC. By mil. Page 3 of 3 • MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: August 17, 1990 RE: APPOINTMENT OF REPLACEMENT MEMBERS TO THE DOWNTOWN PLAN ACTION COMMITTEE The Downtown Plan Action Committee has two vacancies. According to the bylaws, the vacancies should be filled by downtown property owners or business owners. The DTPAC considered two vacancies at their meeting of August 16, 1990 and recommend Dick Slachta, Outfitters and Diane Rollie, Staples Mill Antiques, as good candidates for the committee. Both are interested in downtown activities (Dick has not officially been contacted regarding the appointment). RECOMMENDATION Appoint two members to the Downtown Plan Action Committee Attached is the Downtown Plan Action Committee schedule for working with SEH on preparing Phase I Downtown Improvement Plans and Specification. • IMPLEMENTATION SCHEDULE PHASE I STILLWATER DOWNTOWN IMPROVEMENT 8/7/90 SEH FILE NO. 89255 8/16/90 Committee, Staff, Consultant 9/6/90 Committee, Staff, Consultant Committee, Staff, Consultant, NSP Design Rep, Lighting Design Rep Committee, Staff, Consultant [„lsi t CI V14, i 4 Organization meeting - Review schedule - Review design questions - Lighting - Pavers - Bluff landscaping - Railroad treatment - Entry signage - Power distribution - Parking lot improvements Sidewalk treatment Pavers (style, color, location) Railroad treatment Crossings (locations, design) Landscaping - Committee to adopt schedule Light poles (styles, materials) Luminaires (styles, materials Power distribution relocation, options Bluff landscaping (concept, location) Entry sign and landscaping North Main landscaping Side street streetscape - Make selection - Select - Select - Select - Consultant submit concept - Committee review and approval - Consultant submit concept - Committee review and approval - Review report concept - Committee review and approval Review report - Committee review and approval 9/20/90 Committee, Staff, Consultant 10/15/90 12/17/90-12/21/90 12/20/90 1/1/91 1/3/91 1/15/91 1/29/91 2/5/91 2/18/91 3/5/91 3/15/91 3/19/91 4/16/91 5/6/91 11/15/91 10/15/92 Parking lot improvements - Consultant (concept, landscape submit concept geometric design) - Committee review and approval Flood proofing options Discuss options - Committee select recommendations Submit Main street plans to Mn/DOT. Conduct block party info meetings to review concept plans. Public informational meeting on plans. Complete plans. Committee final plan review. Plans to Council. Council workshop to review plans. Council approves plans. Advertise for bidding. Mn/DOT plan review. Receive bids. Authorize Phase II plans and specification preparation. Contract award. Begin construction. End construction. Certify 1991 construction assessments with County. • • • • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 8338 Able Fence Company American Linen Supply Anchor Paper Company Arrow Building Center A T & T A T & T A T & T Board Water Commissioners Brown's Ice Cream Company Bryan Rock Company Business Services Capitol Communications C. E. I. Century Auto Repair Century Power Equipment Cleveland Cotton Products Commissioner of Transportation Courier, The Craig's Turf Curve Crest Properties Deblon, Diane Del's Sales and Service Dorsey and Whitney Equipment Supply Inc. Fred's Tire Company Friden Alcatel Frito - Lay, Inc. Goodwill Industries Gopher State One Call G. F. O. A. G & K Services Harvest States J. L. Shieley Company Johnson, Mary Lou Junker Recycling Service Junker Sanitation Service Linner Electric Company L. N. Sickels and Company Lakes Gas Company Lynde Chemical Company Magnuson, David Mautz Paint Company Metropolitan Waste Control Comm MII Life, Inc. Chain Link Fence Tissue Copy Paper Treated Timbers Long Distance Calls Lease/Rentals Leased Equipment Hydrant Repair Concession Supplies Crushed Rock Election Training Video Repair Pagers Pipe Repair Kit Repair Radiator Assy. Equipment Parts Case Hand Cleaner Re -Lamp Publication #257 Sod Refund Filing Fee Health Insurance/Mileage Equipment Parts Legal Services Preventive Mte. 2 Tires -Sweeper Postage Meter Tapes Concession Supplies July Expenses July Charges Book Uniform Allowance Fertilizer Sand Mileage July Charges Dumpsters/Lift Stations Repair Lights -Gazebo Crack Filter Gas Tanks Diamond Dry Legal Services Paint - Parking Lots . Sewer Service Charges Term Life Insurance 1,190.00 107.20 280.00 659.76 95.85 146.20 47.42 100.74 50.45 197.30 25.00 25.00 171.02 25.00 98.36 100.70 47.99 28.88 1,500.00 170.00 214.14 106.39 2,152.40 82.11 321.82 60.00 53.16 507.34 11.25 30.00 834.58 75.00 54.46 10.00 3,532.50 4,864.60 304.45 2,073.60 76.50 210.00 5,122.50 89.50 70,033.98 1,039.77 Miller Excavating, I c. Minnesota G.F.O.A. M. I. A. M. A. MTI Distributing Com+any Motorola, Inc. One Hour Express Pho o Pepsi - Cola Company Reid, Jason Revere Products Road Rescue St. Croix Car Wash Short Elliott Hendri kson Snyder Bros. Spec Materials, Inc. Stillwater Book & St_tionery Stillwater Lion's Club Superintendent of Documents Sweepster Jenkins Equipment T. A. Schifsky & Sons Thompson Hardware Co pany Twin City Testing United Building Centers U. S. West Communications Valley Auto Supply Van Paper Company Viking Office Products Visu-Sewer Clean & Seal WMI Services of Min esota Watson, Dennis Wybrite, Inc. Yocum Oil Company Zep Mfg. Company ADDENDUM TO BILLS Anderson Sod Blichfeldt Builders Bliss Plumbing & He.:ting Bryan Rock Products Courier, The Cub Foods Del's Stillwater Ecolab Pest Elimina ion Fridley, City of Harris Warehouse Interstate Detroit .iesel Remove House Registration Fee-Deblon Conference-Bielenberg Engine Parts -Tractor Mte. Agreement Film Processing Pop Reimburse -Swimsuit Por - Crax 2 Lights 11 Squads Washed Engineering Tape/Cassette Router Bits Supplies Dues -Stephen Russell Subscription OASHA Cylinder Blacktop Supplies Tested Cyclinders Lumber/Bolts/Cement Services Auto Parts Tissue/Towels Heavy Duty Stapler Final Payment Portable Toilets Programming Mte. Agreement Gasoline Hand Cleaner/Carb.Cleaner 918.75 140.00 225.00 41.68 176.55 18.46 198.00 20.00 148.66 21.63 44.00 35,515.16 12.47 576.00 214.54 69.00 15.00 89.83 484.47 187.51 40.00 93.32 1,742.89 303.22 385.80 31.21 3,679.75 250.00 360.00 158.00 1,709.83 353.19 Sod -Everett Street 29.70 Refund SOC Charge 395.49 Toilet Repair 61.65 Gravel 166.36 Publications 60.64 Food -Picnic 507.63 Chain Bar 27.50 Pest Control 195.00 5 Voting Machines 100.00 3 Canvas for Trucks 88.09 Control Kit -Brick Lift 1,380.70 • • Johnson, Ronald Mautz Paint Company Mn. Fire Certification Board Mn. Correctional Facility Motorola, Inc. Northern States Power Co. Northern States Power Co. Northern States Power Co. N. W. Tire & Battery Co. Oxygen Service Company Precision Business Systems Sharp Electronics Corp. Stafford, R. H. Washington County Treasurer State of Minnesota Superior Mfg. Corporation T. A. Schifsky & Sons Wahl & Wahl, Inc. Reimburse -Floor Dri Traffic Marking Paint Certify 30 Firefighters Inspection Forms Install Speaker Ice Arena Energy Charge Excess Construction Costs (256) Batteries/Anti-freeze Welding Equipment Mte. Agreement Fax Machine/Paper Traffic Striping Session Laws Pipe/Nozzle Blacktop Mte. Agreement Adopted by the Council this 21st day of August, 1990. APPROVED FOR PAYMENT 12.08 306.50 300.00 62.60 81.14 680.05 6,435.99 1,357.00 678.59 51.59 130.00 1,709.00 272.82 40.00 430.50 546.84 664 .00 CONTRACTORS APPLICATIONS August 21, 1990 Donahue Roofing Roofing New 754 Paperjack Dr. New Richmond, Wi 54017 Fredkove Const., Inc. General Contractor Renewal 4220 Osgood Ave. No. Stillwater, Mn. 55082 William Hayes Construction General Contractor Renewal 920 Pond View Ct. White Bear Lake, Mn. 55110 Husnik Sewer Service Excavators Renewal 281 W. Cottage Dr. Shoreview, Mn. 55126 Woodland Cabinet Const. General Contractor Renewal 11596 St. Croix Trail No Stillwater, Mn. 55082 W. T. Simonet Plumbing & Htg. General Contractor Renewal 5976 Stagecoach Trail No. Stillwater, Mn. 55082 Administrative Code N FINANCIAL DISCLOSURE STATEMENT . 1. Is anyone in your family who 3s living with you now, currently employed? Yes No If YES, please list the individual who is working, the employer and how much he or she makes each month. • INDIVIDUAL EMPLOYER MONTHLY SALARY 2 List the amount of money your family receives each month from any of the following sources: (How much is received each month and who receives it?) KINDS OF INCOME RECEIVED HUSBAND WIFE MEMBERS OF FAMILY WHO LIVE WITH YOU 1. Social Security (Exact amount of the check) D o #9.41 -- _. 2. Veteran's Benefits 3. Other Retirement ,2LM 4. Money from Renters 5. Unemployment Ins. 6. Workers' Comp. 7. Disability Ins. /oa 8. Stock Dividends or Interest 9. OTHER (over) Administrative Code No. , - 56.5 3. List any Real Estate you own or are buying other than your home, if any: 4. If you have not made all of the payments on your home, list your monthly payment: House Payment: per month 5. List your current year's property tax 19V aNy 6. List your Financial Assets (if greater than $10,000) Cash on Hand $ Savings Accounts $ Stocks, Bonds or Securities $ Life Insurance Other 7. List any unusual monthly expenses for which you are committed to, such as hospital/medicalpayments: TO WHOM APPLICATION BY AMOUNT • TO BE COMPLETED BY THE CITY APPROVED DENIED Date • •2. Has current sketch been filed with the board? Record No. 8239 4:04".r1 Department of Revenue - Gaming Division Mail Station 3315 St. Paul, MN 55146-3315 (612) 297-5300 folnunt GAMBLING LICENSE EiENEWVAL APPLICATION For Board Use Only Paid Amt. Check No Date. LICENSE NUMBER: A-01913-002 / EFF. DATE: 11/11/89 / AMOUNT OF FEE: $210.10 1. Applicant -Legal Name of Organization AMERICAN LEGION POST 48 STILLWATER 2. Street Address 103 S 3rd 3. City, State, Zip Stillwater, MN 55182 4. County Washington 5. Business Phone (612 ) 439-1435 6. Name of Chief Executive Officer 3aate4-641ar-0-er ' "? "PI) ' -}l y) o t.4,) . ‘, 7. Business Phone y 3 9 439.:U35 ci (612 ) y a 7 8. Name of Treasurer or Person Who Accounts for Revenues Dave Swanson 9. Business Phone (612 ) 439-8258 10. Name of Gambling Manager Ken Fritsche 11. Bond Number 53653607 12. Business Phone (612 ) 439-6060 13. Name of Establishment Where Gambling Will Take Place A. Legion Post 48 Stillwater 14. County Washington 15. No. of Active Members 481 16. Lessor Name . 17. Monthly Rent: $0 18.1f Bingo will be conducted with this license, please specify days and times of Bingo. Days Times F"' ""' Days pp G 1, 4 r, /f/C1Yt. Lib f%11 /();oc Sn3, Times SC:rur/si ICI/11 Days Times 19. Has license ever been .'0 Revoked Date. 0 Suspended Date: Pil Denied Date. 5 tt. / / ' Fr 20. Have internal controls been submitted previously? XYe.s 0 No (If "No," attach copy) 21. Has current lease been filed with the board? sF"l Yes 0 No (If "No," attach copy) X Yes 0 No (If "No," attach copy) GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are riereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. - OATH hereby declare that: 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete; -• 3. All other required information has been fully disclosed; 4. I am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments thereto. 23. Official Legal Name of Organization Pry f yy=.//tGr�? t- Officer ,/ Date Title ACKN' L-�� M- R OF OTICE BY LOCAL C,OVERNING BODY I hereby acknowledge receipt of a copy of this a..lic ' B ycknowl-dging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Cdntrol Board and if approved by the Board, will become effective 60 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 60 days of the below noted date. 24 City/County Name ( cal Governing Body) Township: If site is located within a township, please complete items 24 and 25: Signatur'of Peon Receiving Application: 25. Signature of Person Receiving Application �T' e� Date Receive this date begins 60 day period) { r am 4 �.t P �c ,c L 1 / -7. /9 ' O N cii Person Deliv .rig Ap ica n to y„ cal Gove Body: � t G-00022-01 (4/89) • • Title: Township Name White Copy -Board Canary -Applicant Pink -Local Governing Body HALE COMPANY 1450 W. COUNTY RD. C. ST. PAUL, MINNESOTA 55113 (612) 636-7476 (P QMA`dl- M TI DIrL:WATER •TNIQRTH FOURTH STREET PROPOSAL 20999 QNE 6PH12-439-6121 INV. # TintrEREPLACEMENT DATE 8/6/90 FIRE STATION ffi tI A"jW 55082 A...7"mEPhvE JUNKER PAGE 2 OF 2 We propose to furnish material and/or labor in accordance with specifications and estimates (below): • INSTALLATION CONTINUED Install one 2,000 gallon STI-P3 and air test as required. Backf.ili with clean sand and compact as needed. Pipe product line to existing suction pump and to power generator, also pipe vent line to building and secure. :Install all tank equipment as itemized in proposal. Start up and test operation of all equipment. UPON COMPLETION PROPOSAL INCLUDES "COMPLETE PETRO-TITE TESTING TO TANK AND LINES". NOTE: Prior to testing tank to be completely filled by owner. NOT INCLUDED IN PROPOSAL: PERMITS (LOCAL) SOIL TESTING SLUDGE DISPOSAL REMOVAL OR REPLACEMENT OF CONTAMINATED SOIL BLACK DIRT & SOD REPLACEMENT CURBING & ASPHALT ELECTRICAL $ 7,600.00 Total Proposal:TEN THOUSAND SEVEN HUNDRED TWENTY FIVE dollars($ 10 725.00 NOTE: No taxes or transportation included unless noted. Payment to be made as follows: NET TEN DAYS AU material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized Signature r' J _�✓ .�-� —"'\ e: This proposal may be withdrawn by us if not accepted within days. ATTENTION CONTRACT CONDITIONS READ ALL PRINT BEFORE SIGNING The parties hereto specifically understand and agree that in the event unforeseen conditions are discovered on the site such as, but not necessarily limited to, subterranean rock, water, quicksand, debris, underground utilities or adverse weather conditions then, and in that event, the material and labor furnished to remedy such conditions will be considered extra and will be automatically charged by the contractor on a time and material basis. ("Site must be kept clear and free from debris so workmen and equipment can move freely. crgat incc of ropcsizl The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Signature (SEE REVERSE SIDE) MEM0EU ;POI WE LOOK FORWARD TO THE OPPORTUNITY OF SERVING YOU. • City of Stillwater August 13, 1990 Page 2 INSTALLATION 1. Obtain State Fire Marshall Permit 2. Purge, excavate and properly dispose of (1) 300, (1) 1,000 and (1) 2,000 gallon steel underground storage tanks 3. Air test excavate and set (1) 2,000 gallon STI-P3 steel underground storage tank 4. Backfill tank with clean washed sand, compacted in proper lifts 5. Trench and fit suction line to pump and vent line to building and grout as needed 6. Place and set (1) containment fill 7. Place and set (1) 24" square manhole with conduit for future electronic tank monitoring system 8. Pour concrete pad for pump with (4) 4" bollards for pump protection 9. Set pump, complete electrical and place into service Subtotal Excluding all Taxes: $ 12,830.00 Perform environmental soil tests and file all reports with federal, 1,250.00 state and local government agencies. GRAND TOTAL PROJECT CONSIDERATION EXCLUDING ALL TAXES: $ 14,080.00 EXCLUSIONS: Any underground obstructions encountered such as rock, water, utilities, excessive caving requiring shoring, or removal of tank anchoring pad, if any, concrete cover in access of 6" and blacktop in access of 4" will be above and beyond the scope of work in this proposal and handled on a time and material basis. Removal and disposal of any sludge remaining in the tank will be extra to this proposal and handled on a time and material basis. .0"2Z,G;'Lt✓ fY L METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 August 8, 1990 Mr. Steven Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 RE: City of Stillwater Comprehensive Plan Amendment Review West Stillwater Business Park Metropolitan Council District 7 Metropolitan Council Referral File No. 14835-6 Dear Mr. Russell: The Metropolitan Council staff has reviewed the West Stillwater Business Park proposed comprehensive plan amendment received by the Council on May 25, 1990. On June 6, 1990 it was determined that the proposed comprehensive plan amendment was incomplete for Council review. Supplemental material submitted in the interim has made the plan amendment complete and ready for review. From the material submitted by the city of Stillwater, we have determined that the proposed amendment presents a potential impact on the metropolitan system plans, specifically on the metropolitan transportation and sanitary sewer systems. A proposed amendment that has a potential impact on metropolitan systems may not be put into effect by the local government until the Council review is complete. The law allows the Council 90 days from receipt of the proposed amendment to complete its review. If, the Council requires a modification to the proposed amendment, the amendment may not be put into effect until the Council has approved the modification. The 90-day review period ends on November 8, 1990. Within that 90-day period, Council staff will complete a review of the proposed plan amendment and forward a copy of the staff report to the city prior to consideration by the Metropolitan and Community Development Committee. Mr. Steven Russell August 8, 1990 Page 2 If you have any questions duri g the review period, please feel free to contact Steven Schwanke, principal reviewer, at 291-659-. Sincerely, Steve Keefe Chair SK:kp cc: Mary Hauser, Metrop John Rutford, Metrop Steven Schwanke, Met h:L\compplan\frmO8c9O • litan Council District 7 litan Council Staff opolitan Council Staff • • illwater THE BIRTHPLACE OF MINNESOTA August 7, 1990 Kathleen A. Wallace Administrator Metro Region Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 SUBJECT: NEW MILL ROAD PUBLIC ACCESS DEVELOPMENT. Dear Ms. Wallace: As I understand the Minnesota Department of Natural Resources is gathering information, reviewing site resources, developing engineering plans, and estimating costs for the construction of a new public access to the St. Croix River that could accommodate as many as one hundred boats/vehicles/trailer parking. As a local government located on the St. Croix just north of the site, we are interested in the development plans and effect of the project on the St. Croix. I have received calls from residents of Stillwater concerned about how this project would impact river use and adjacent property owners regarding traffic and questioning how they can participate in the project review process. I assured them they will be notified and have the opportunity to review and comment on the project plans similar to local Riverway projects, there would be the public meetings to review the plans and comment on them. According to the Riverway regulations, 6105.0351 to 6105.0550, a Riverway permit is required from the local government, Oak Park Heights in this case. This may require a conditional use permit dependent on zone classification and possible variance dependent on project design. Also, because the St. Croix is a protected water, an Environmental Assessment Worksheet may be appropriate to make sure project impacts such as traffic, visual, grading, drainage, flood plain, use of river, and site control and management are adequately addressed. It may be a good idea to have this public hearing before the development of the plans gets too far along and it is difficult to make changes in the project design. Would you provide me with a description and schedule of the Riverway permit and environmental review process so I can pass the information on to the concerned property owners and residents. Sincerely, eve Russell, Community Development Director c.c Frank Sommerfeldt, Mayor, Oak Park Heights Ron Nargang, Director of Waters Ron Harnack, Administrator, Permits and Land Use John Stein, Regional Hydrologist Paul Swenson, Administrator, Trails and Waterways Dan McGiness, Minnesota -Wisconsin Boundary Area Commission Karl Bremer, Commissioner, Minnesota -Wisconsin Boundary Area Commission CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 0 M F=- M (3 UR IP4 M n U M Steve Russell, Community Development Director F�* FR (D M = ALLEN 0. ZEPPERs Building Offixzial Xj "'-V F�:� = August 17, 1990 RE: Annual Conference. The week of September 10 — 14 is the week of our Annual meeting. It is in Denver this year, and as I mentioned previously, there is no charge to the City. All expenses are paid by the Conference. Thank You 0 9 River Valle ATHLETIC CLUB 1826 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 (612) 439-7611 8/17/90 City of Stillwater Dear City Council, Per Steve Russell's advise, I am writing to you to request a rate reduction for our upcoming sewer bill. We are draining our swimming pool to clean it, and will be emptying the water down our storm sewer in the parking lot, and off the patio area on 8/20/90. The pool holds 75,000 gallons. I spoke with Dennis McKean from the water department and he didn't see a problem with it, but suggested I check with the city. Thank you for your consideration on this matter. Best Regards, Betsy Larey General Manager cc: Dennis McKean The McKusick Family Association 1989 Maine 8/16/1990 Mayor Wally Abrahamson Stillwater City Hall 216 N 4th St Stillwater, MN 55082 Dear Mayor Abrahamson The McKusick Family Association is planning on holding a reunion in Stillwater next summer, August 7-9, 1991. We have reserved the old Washington County Courthouse for the evening of Aug 7 and Pioneer Park for an all day affair on Aug 9. Other varied functions will held on Aug 8 in Stillwater. We expect 2-3 hundred people in attendance, most of whom will be coming from out of state. I have noted in the newspaper of your refurbishing project to commence next summer. Since that\could possibly cause problems with our plans could you or someone from the city advise us as to whether your project will prevent access to either the old courthouse or Pioneer Park on the dates we have reserved? We are indeed looking forward to our Stillwater reunion and it is especially exciting to many of our older family members who were born in Stillwater but who may not have been back in Minnesota since they were very young. I do hope you will be able to provide the information I have requested at this early date. Sincerely, )A Set rlingMcKusick Vice President McKusick Family Association 404 Birchwood Ave Birchwood, MN 55110 426-5767 • o GII l Ate^'\ coccv„,, jrzodc,/c, , oqo Jur- &5„,,<IA 0_4 , .t. - 1-- dam, ,�, c �? c. . lilst%AorNek_ � � 4Q16-V-4-44_ A.4,ALIXaL -AL-1 4) w isT`'‘4 -4•-b-Jp JUAA",±6, °A , ads , %�✓h AvurlAy (4--- 9 ia 4 om- `'11 mJtA va o-A CdigIRRA kAr' C7oL' -frANAN ptaiu6A--j‘w v 9,� 13 .Th4fit- -e/vQ� rates r`� . L Q ay. €e ai- C-XX-63act CA1 1,7 A.t.rtAM'‘<) j+Ak, nNtrt UDU o v • • CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT ' t hr () &Yi►'ni C 14: -73i-(tl ADDRESS D18-54) `- . A, Ukk, , $" / / / PHONE NO. : % -_27140 WHEN DID EVENT OCCUR? (1, ?) 1990 WHERE DID EVENT OCCUR?.h ac Apri Ck, n(, )o+ 5O1 h Bo . cuLi) gkiaoa i1. WHAT HAPPENED? j 0-Efc ( ;Or l WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? d -,(, Cublit.1.1 (01-6.1' prop1 --WiAf) a re, 01-f '1%0 Yyrz •trci Sit rt l (AJ o , OLrh non_ -( ck wo �. have. oc.0 rreCL STATE THE NATURE'OF THE DAMAGE Prit4 THE COSTS ASSOCIATED' p (ioia r -Ets(Afx_HbuckS ricuraq cLn ci, q-L-PAA covt-- NAME OF PERSON MAKING REPAIR; OR GIVING CARELQPQ,.n� r nd CX rkpies a g Sly G s t C,i ak rn in a,2.prr1)-eel . (nabc - Crai )h re,a_am ry • DATE bAAPIAJL IGNATUR You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. WHAT HAPPENED? I parked my 1986 Olds Ciera in a parking space which had two steel rods protruding out of the cement curb 6" to 12" high. Sections of the parking lot had recently been tarred and the front driver tire was parked on a fresh patch of tar. During the time the car sat, the tire sunk causing the steel rods to catch underneath the cover fascia (located under the front bumper). Upon backing up the car, the steel rods cracked and damaged the cover fascia. • Le Pai ESTIMATE OF REPAIRS Ater COMPLETE COLLISION REPAIR 776-2394 744 East 3rd Street, St. Paul, Minnesota 55106 OWNER i n�b Iy / 1� C� DATE IL - 9 l ADDRESS 1 - S-F- h Ls+. c. PHONE -23 i--.2 71 CC EST. NO INSURANCE CO. COLOR i U �lto ADDRESS PHONE LICENSE NO. YEAR/MAKE MODEL MILEAGE SERIAL NO. 1CIv CD A ( (1Qr(k. RE- PAIR RE- PLACE DESCRIPTION OF LABOR ^ OR MATERIAL PARTS BODY LABOR PAINT LABOR SUBLET 8 MATERIALS r f '-fir r (IL, .�� x \44� .s cG---► AnA-- 5 0 �'' - . • V c 0-.. PARTS PRICES BASED ON STANDARD CATALOG PROCUREMENT PROCUREMENT AND DELIVERY CHARGES MAY BE ADDED FOR PRICE LISTS SUBJECT TO CHANGE)C1fO HOUT NOTICE SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY. PARTS OLD PARTS REMOVED FROM CARS WILL BE JUNKED UNLESS THE ABOVE I5 AN ESTIMATE BASED ON OUR INSPECTION AND WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN OPENED WORN PARTS ARE DISCOVERED WHICH ARE NOT EVIDENT PRICES ARE NOT GUARANTEED. 1 I 1 .\ ESTIMATE ESTIMATED BY (1-1(e ' APPROVED OTHERWISE INSTRUCTED IN WRITING. DOES NOT COVER ADDITIONAL PARTS OR LABOR UP. OCCASIONALLY. AFTER WORK HAS STARTED. ON FIRST INSPECTION. BECAUSE OF THIS THE ABOVE BY SERVICE PAINT SUBLET & MATERIALS PAID OUT -TOW & STORAGE AUTHORIZED AND ACCEP D BY OWNER OR AGENT DATE TAX frb C TOTAL `� 7 7-4 6 • CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT Eleanor M. Waldhauser ADDRESS 400 Luella St. # 327 St. Paul, Minn. 55119 PHONE NO. 612-739-0499 WHEN DID EVENT OCCUR? Sunday, August 5th, 1990 3:20 P.M. WHERE DID EVENT OCCUR? In front of 317 So. Main St. entrance to Trumps Stillwater, Minn. WHAT HAPPENED? Iblking north on sidewalk in front of Trtmms, left toe of shne caught an indentation an sidewalk and fell on left side, bruising all left side, including left wrist, with a cut under the chin. Called our physician because left wrist was heavely bruised and swollen fearing it was broken Doc took X— Rays, but no broken bones. **** WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? Sidewalk had this indentation causing left foot to catch on this flaw.. STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED Total Doc. bill charges attached. Office call plus X-ray charges% Plus Tetanus Toxoid Shot $,77_ 0 Plus: very muc .emotional stress, strain and great pain hes surfaced as a result of this (over, NAME OF PERSON PtAKING REPAIR; OR GIVING CARE Dr. R.C. Eggers, 360 Sherman St., Suite 450 St. Paul, Minn. 55102 612-224-5335 August 7th, 1990 BATE //L/il /% SIGNATURE You You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. ****As of this day, 8/7/90, body is aching from the fall along with black &•blue marks on left side in rib cagearea, along with stiffness in both wrists with black & blue bruises. • CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT: Donna M. Swanstrom • • ADDRESS: WHEN DID EVENT OCCUR? Saturday, July 28, 1990, at approximately 2:00 p.m. WHERE DID EVENT OCCUR? On the northwest corner of Chestnut & Main WHAT HAPPENED? I was on the north side of the Chestnut Street sidewalk, walking east toward Main Street. As I approached the semiphore, I tripped on the broken sidewalk between the northwest semiphore and St. Croix Drug. I stumbled forward, falling hard into the St. Croix Drug brick corner post. I struck my head, injured my jaw and neck, cut my hand and knee. I was knocked unconscious and there was heavy bleeding from the head gash. My glasses were knocked from my face. For several days, I suffered extreme headaches. WHY DO YOU FEEL THE CITY WAS AT FAULT? The sidewalk between the semiphore and the St. Croix Drug is cracked, the soil supporting the cement is washed out, and the sidewalk is uneven. STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED: Injuries to my head included a gash necessitating 6 stitches, bruises on my head and face, problems with jaw causing pain when opening mouth. Also, there were abrasions on my left arm and hand, and an extremely sore and bruised knee. My glasses were scratched and bent. The slacks and shirt I was wearing were covered with blood and had to be discarded. So far, the medical expense includes ambulance, stitches, 3 head X-rays, emergency room care, and a tetanus shot. It is too soon to give a monetary estimate of the damage. It will be several weeks before I know how permanent my jaw and neck injuries are. NAME OF PERSON MAKING REPAIR: OR GIVING CARE Dr. Spilseth was the emergency room person who tended abrasions and did stitches. Mark Anderson, of St. Croix Drug, was witness to the damages. Stillwater Police Officer Dauffenbach was on the scene and his log entry is 90-6121. Date: August 2, 1990 ��- Signature You have to formally notify the city in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. 00 aAMILY vE1�VICE r sT. CQOIX AQEA 216 West Myrtle Street Stillwater, MN 55082 (612) 439-4840 Woodbury Branch Office Parkwood Place, Suite 320 7650 Correll Boulevard Woodbury, MN 55125 (612) 735-5405 Sandra Shearer Executive Director President Delwin Peterson Vice President Bruce Santerre Treasurer John Oakland ,ecretary rances Moore Board Members Peggy Quinn Dennis Brown Diana Ensign David Fleming Jack Hooley Shirley Jahnke Carl Scheider Doug Plunkett Wanda Hagedorn Randall Jones Kim Korn Mary Malsam John Tunheim Life Member Eleanor Jane Adams United Way August 20, 1990 Mary Lou Johnson, City Clerk 216 North Fourth Street Stillwater, MN 55082 Dear Ms. Johnson, Family Service of St. Croix Area would like permission to display a National Family Week banner at Main Street and Olive from November 12 through the 23, 1990. The banner will be approximately 30" X 24' and will have grommets with ample rope for anchoring. National Family Week helps people focus on the ,Family as an essential part of a sound community. We would be grateful for approval of this request. Sincerely, C721 Mary Jo `dackson Administrative Manager 439-4840 •0 Al i FSA COMMUNITY 11, VOLUNTEER SERVICE Of The St. Croix Valley Area August 14, 1990 • 115 SOUTH UNION STREET STILLWATER, MINNESOTA 55082 612-439-7434 Mr. Nile L. Kriesel City Coordinator City of Stillwater 216 N. 4th St. Stillwater, MN 55082 Dear Mr. Kriesel: This is a letter to let you know how much Community Volunteer Service appreciates the ongoing support of the city for the work that we do for the residents of Stillwater, and to update you and the council on what we have done in the past year. Last year, Community Volunteer Service directed the time, energy and skills of 313 volunteers into our communities with impressive results. CVS volunteers helped over 10,000 individuals by volunteering 15,537 hours. During 1989, 142 round-trip rides for a total of 6,087 miles were given to Stillwater residents who requested rides from our Trans- portation Program, costing the CVS Transportation Program a total of $1,827.75. Families from Stillwater receive gifts and food from the Holiday Bureau Program through CVS. In 1989 187 families received assistance from the Holiday Bureau. The Senior Center is we know of special interest to the city. These are some of the programs that the Senior Center offers to the seniors of Stillwater: *Drop -In Center *In -Home Assistance *Senior Companions *Telecare *Tax Help *Advocacy for Seniors *Blood Pressure Clinics *Organized Activities Stillwater residents also receive indirect services from CVS through the many agencies, over 200, that CVS recruits and refers volunteers to. These agencies serve citizens in Stillwater and throughout Washington County. A�6• % 994 A Volunteer Center RECEIVING SUPPORT FROM THE ST. CROIX AREA UNITED WAY Our request to the to support the many of Stillwater. Thr hope to help many m ity of Stillwater is that you will continue free services that we provide to the citizens ugh you, we have helped many in the past and re in the future. If you have any que tions about CVS, the Senior Center, or the services that we provide, please feel free to call me. Thank You. Sincerely, L/ % Vi Russell Executive Director Community Volunteer Service VR/ch enci: 1989 Annual Report • if � A V ,1_e e_ i� ;' xJ • • et, 1.) ;•1 e..elicv;7 zei • 1/ L-2 4 Ze 4 f • J CASE TYPE: CONTRACT • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Joel Charchenko, Plaintiff, vs. SUMMONS City of Stillwater, Defendant. THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANT YOU ARE HEREBY summoned and required to serve upon Plaintiffs • attorney an Answer to the Complaint which is herewith served upon you within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Dated: August 13, 1990. • Karla R. Wahl - At orney for Plaintiff 1950 Piper Jaffray Tower 222 South Ninth Street Minneapolis, Minnesota 55402 (612) 341-8020 Atty. Reg. No. 113591 Lu e grim; 3 4tikviViTtr, Minn. CASE TYPE: CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGT Joel Charchenko, vs. City of Stillwater, Plaint' Defend Plaintiff Joel Charch and alleges as follows: 1. Plaintiff was e officer from December 1, 1 2. Defendant Ci "establish and maintain an personnel matters". 3. Plaintiff was and written contract of e include the policies and pr Stillwater. N TENTH JUDICIAL DISTRICT Court File No. COMPLAINT nko for his causes of action against Defendant, states ployed by the City of Stillwater as a part time police 77, until December 6, 1988. of Stillwater has adopted policies and procedures to quitable and uniform system for administration of all mployed by the City of Stillwater pursuant to an oral ployment. The terms of the employment contract cedures for personnel matters adopted by the City of 4. Plaintiff complied with the terms of his employment agreement and performed all of his dut es and obligations in a satisfactory or more than satisfactory manner. • 5. The events purportedly occurring leading to Plaintiff's discharge occurred thirteen months prior to Plaintiff's discharge. 6. On September 12, 1987, Plaintiff observed an individual violating state law by driving a motor vehicle in the City of Stillwater while under a license suspension. Plaintiff reported this violation to his supervisor and was told to proceed with an arrest if Plaintiff again observed the same individual again violating: the law. 7.; On September 16, 1987, Plaintiff observed the same individual again violating the law by driving a motor vehicle while under suspension. As instructed, Plaintiff arrested the individual. 8. For thirteen months following the arrest, Plaintiff was not disciplined nor advised that he had violated any standard of performance or city policy. COUNT I. BREACH OF CONTRACT 9. Plaintiff realleges and incorporates by reference the allegations of Paragraphs 1 through 8 as if fully set forth herein. 1a Defendant, by and through its authorized representatives, entered into an oral contract of employment with Plaintiff on or about December 1, 1977. The terms of this contract included an agreement that Plaintiff could be dismissed only for just cause. 11'. Defendant also entered into a written contract of employment with Plaintiff. ' The terms and conditions of said contract are set forth in the City of Stillwater Policy and Procedures Manual. The policies in effect at the time of 2 Plaintiffs termination, in pe inent part, provided: "Article VI, Section 6 5(d) Dismissal. An employee work performance w . . All discharges ar Grounds for such ac with due process stan Article X, Section 10. r. .. Discipline, the City's interest ar be coupled with pl or problems. The City wi situations which mi its ability attempt to may be prevented by by working with the orienting employees imperative that the e Discipline is conduct by assigning If, after the initial conduct has not impr be administered .. . No employee without due process." ay. be dismissed only for just cause or for ch falls below the City's established standards. subject to the approval of the City Council. on must be well documented in accordance ards. except in extreme situations, where protecting paramount to all other considerations, should of corrective measures to prevent recurrence attempt to attempt to anticipate possible t require disciplinary action and to the best of revent them from happening. These situations orienting the employee to rules and regulations employee in areas of job performance and by to management goals and objectives. It is ployee knows what is expected from him/her. attempt to improve employee performance or a corrective action appropriate to the offense. corrective action, employee performance or ved, disciplinary action of greater severity may shall be disciplined without just cause or 12. On or about ecember 6, 1988, Defendant in violations of the terms of the written: and oral agre - ments with Plaintiff, discharged Plaintiff. 13. Defendant's conduct in discharging Plaintiff violated the terms of Plaintiffs employment cont 1 act and was a breach of that contract causing damage to Plaintiff. 3 • • • • 14. As an immediate and direct result of said breach of contract, Plaintiff has suffered and will continue to suffer loss of earnings and other damages. COUNT TWO VIOLATION OF DUE PROCESS 15. Plaintiff realleges and incorporates by reference the allegations in Paragraphs 1 through 8 as if fully set forth herein. 16. Pursuant to Plaintiff's, contract of employment and also pursuant to the Minnesota Constitution, Article 1, Sections 2 and 7, and Fifth and Fourteenth Amendments to the United States; Plaintiff was entitled to a right to procedural and substantive due process. 17. Defendant violated Plaintiffs right to due process by, among other things: (a) Instructing Plaintiff to take a particular course of action and later terminating him for following that instruction and fulfilling his duties as a police officers. (b) Failing to give Plaintiff timely notice that any violation of any city policy had been committed by him (c) Filing to measures to correct or prevent reoccurrence of any problem and failing to give Plaintiff an opportunity to correct any conduct problems. (d) Failing to advise Plaintiff of his rights as established by the City personnel policy. (e) Considering materials' and matters not germane to Plaintiff's employment with the City of Stillwater. Filing to conduct any independent investigation or to interview Plaintiff prior to his termination. (f) 4 (g) Making a de •ision to terminate Plaintiff arbitrarily and in violation of PI ; intiff's due process rights. (h) Terminating ' laintiff without allowing Plaintiff an adequate pre - termination haring. (:i) Basing Plainti s termination in part on state events. 18. As a direct r:sult of said violation of Plaintiff's due process rights, Plaintiff has suffered and will continue to suffer loss of earnings and other damages. COUNT: THREE ROMISSORY ESTOPPEL 19. .Plaintiff realle:es and incorporates Paragraphs 1 through 8 as if fully set forth herein. 20. Defendant promised to employ Plaintiff and made other promises and representations as set forth in Paragraphs 6, 10 and 11. 21. At the time of said promise and direction, Defendant knew or should have foreseen that Plaintiff would have relied upon said promises and directions. 22. Plaintiff did ely on said promises and direction and said reliance was objectively reasonable. 23. Plaintiff subst : ntially changed his position to his detriment because of said reliance. 24. Plaintiff has suffered damage and continues to suffer damages because of Defendant's br ach of said promise and failure to support Plaintiff when he followed said dire . tion. COUNT FOUR EMOTIONAL DISTRESS 25. Plaintiff realleges and incorporates Paragraphs 1 through 8 as if fully set forth herein. 26. Defendant's actions as set forth in Paragraphs 17(a) through 17(i) constitutes negligent infliction of emotional, mental and physical distress upon Plaintiff. 27. As an immediate and direct result of Defendant's negligent infliction of emotional distress, Plaintiff has suffered and will continue to suffer a loss of compensation as well as mental and physical anguish and distress. WHEREFORE, Plaintiff prays that judgment be entered against Defendant as follows: (a) For an Order reinstating Plaintiff to his employment at the City of Stillwater. (b) For compensatory damages in an amount not fully determined. (c) For Plaintiff's attorney fees, costs and disbursements herein. (d) For such other and further relief as the Court deems just and equitable. Dated: August 13, 1990. By `<- % . Ka61a R. Wahi Attorney for Plaintiff 1950 Piper Jaffray Tower 222 South Ninth Street Minneapolis, Minnesota 55402 Telephone: 341-8020 Atty. I.D. No. 113591 6