HomeMy WebLinkAbout1990-10-23 CC Packet Special Meeting
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THE BIRTHPLACE OF MINNESOTA ~
October 19, 1990
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
SPECIAL COUNCIL MEETING, TUESDAY, OCTOBER 23, 1990, 4:30 P.M.
This notice is a reminder to Council that a Special Meeting has been scheduled
for Tuesday afternoon, October 23, 1990 at 4:30 P.M. in the City Hall Council
Chambers, 216 No. Fourth St., Stillwater, to discuss the following:
1. Discussion of Zephyr project & revised Development Agreement.
2. Discussion of Condemnation of certain properties.
3. Resolution approving Assessment Reapportionment for Parcels One & Three
(Torseth/Skinner Property) Industrial Park, PIN #11159-2025 & PIN
#11159-2030.
4. EAW for Stillwater Wastewater Treatment Facility Expansion.
5. Set date of November 8, 1990 for canvass of votes for City Election.
6. Any other business Council may wish to discuss.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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";;~"PLACE OF ."NESO~
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 19, 1990
SUBJECT: WORKSHOP ON MINNESOTA ZEPHYR PROJECT.
Attached is the Staff report you will receive for consideration at your
meeting of November 13, 1990. The purpose of this workshop is to discuss and
get direction on these issues that involve the City beyond the regular Special
Use Permit review. The areas for discussion are:
1. Terms of sale of land purchased from MnDOT to Mr. Paradeau.
2. Terms of the projects use of City owned land for parking north of
project site.
3. Need to construct City parking lot south of project site through a
parking district next year, 1991.
4. MnDOT's and Burlington Northern's response to request to use Main
Street right-of-way for private parking, landscaping and railroad spur
for project use.
A new Development Agreement for the project will be presented at meeting time.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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PLANNING APPLICATION REVIEW
CASE NO. SUP/DR/90-62
Planning Commission Meeting: October 8, 1990
Project Location: 601 North Main Street
Comprehensive Plan District: Two Family
Zoning District: RB
Applicant's Name: Dave Paradeau (Minnesota Zephyr)
Type of Application: Special Use Permit
PROJECT DESCRIPTION:
The proposal is for a 4,500 square foot depot structure and 67 car parking lot
on an 1.34 acre site. Twenty one of the parking spaces and landscaping extend
on to the Highway 95 right-of-way and City property. The twenty one car
parking lot and landscaping to the north of the site is on City of Stillwater
property. A portion of the site is located in the Flood Plain District.
During preparation of the Downtown Plan, this site was designated Special Use
Site #2. Use and design guidelines were specified for the site (attached). The
use proposed for the site is consistent with the Downtown Plan "guidelines. The
design guidelines specify that the site landscaping complement the North Main
Street streetscape plans. Based on the proposed improvements, most of the
landscape screening is located on the road right-of-way and not the project
site. The State must give the applicant permission for the project to encroach
on the right-of-way.
The 21 car parking lot located North of the existing railroad spur is owned by
the City. The City has indicated they will consider leasing the land to the
developer for employee parking as long as the parking is completely screened
from highway viewing. The developer would be responsible for improving the
parking lot and landscaping the site screening the lot.
A railroad spur currently separating the City land from the project site. In
order for the project to work, the spur will have to be abandoned by the
railroad.
DESIGN REVIEW:
The first level of the depot will be constructed of quarry stone, similar to
stone walls located in downtown Stillwater, redwood siding, and redwood
brackets will be accent materials at this level. The roof line of the depot is
similar to depots built early in this century and the GAS timberline shakes
are modern copies of roof treatments on early depots. The dormers and central
atrium area add interest to the design. A Stillwater sign will be located on
the north and south elevation of the depot. These are simple signs
characteristic of railroad signs for stations. The round arched windows and
the elements of the dormers are reminiscent of the Union Depot in Stillwater.
The preliminary site plan shows where the depot will be located on the site
and parking for the use. The site shows sixty seven parking spaces. The
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lighting on the site will be similar to the light posts in Downtown Stillwater
Plan along with similar decorative benches. The proposed landscaping was
appropriate on the North entrance into Stillwater.
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PROJECT ANALYSIS
The project does not meet the development requirements (setback, parking,
signage) for the district. The site is in the R-B Duplex Residential Zoning
District. (A change in zoning is being proposed, Case No. ZAM/90-5.) A
thirty foot.setback is required for the building. The proposal is setback less
than twenty feet from the front property line. The parking requirement for the
depot if considering the train as a restaurant using one space per 2.5 seats
is 88 spaces. The applicant has indicated that 120 spaces are necessary for
employee and customer parking.
If the highway right-of-way spaces are subtracted from the project, 46 spaces
are available for the use. This is 42 spaces less than what is required and 74
spaces less than what is needed. The plans show 21 spaces on City property
North of the site and 26 spaces on Highway right-of-way, bringing the total to
eighty nine (89). The City is planning on constructing a 70 to 80 car parking
lot on the property across Laurel Street directly South of the site.
REgardless of MnDot's determination, parking will be available for the use
with the construction of the parking lot.
The landscape plan shows a landscaped area on the MnDOT Highway right-of-way
between the parking lot and NOrth Main Street. A five foot sidewalk is shown
next to the street with a space for three feet of landscaping before the
parking lot begins. This minimal sidewalk and landscaping improvement for
section of the ~treet frontage. If permission for use of the right-of-way for
private parking is not granted, adequate land will be available for parking.
A design guidelines on the Downtown Plan indicates that parking areas shall be
screened from Main Street view. It is recommended that a ten foot landscaped
area be required between the parking area and the street or a 2 1/2 foot
screen wall and landscaping similar in the stone used in the building be used
to screen the parked cars from street view. This site is particularly
important because it is the first City development as one enters from the
North.
The site plan shows Laurel Street (Yacht Club driveway being relocated to the
South and use of the right-of-way for parking and landscaping. This would have
to be approved by the Yacht Club and Burlington Railroad.
No lighting plan has been submitted and a location for a monument type
free-standing sign is shown directly in front of the depot (in the Highway
right-of-way).
RECOMMENDATION:
Approval as conditioned.
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CONDITIONS OF APPROVAL:
1. A detailed signage plan showing signage detail shall be submitted for
Design Review Committee approval. One free-standing monument sign is
allowed on the site which shall not exceed thirty (30) square feet and
not project higher than six (6) feet. The sign must be setback fifteen
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(15) feet from any point of vehicular access, public roadway, or
property line. The area around the sign shall be landscaped. This plan
shall be submitted to the City for review.
2. Alighting plan shall be submitted for Design Review Committee
approval.
3. If the employee parking area North of the site is constructed by the
applicant on City land, the six spaces on the East side of the lot
shall be eliminated.
4. Parking lot landscaping shown on the site, Highway 95 right-of-way and
City land shall be installed by the applicant before project completion
and occupancy.
5. The applicant shall agree to be assessed for the City parking lot to
the South of the site, based on the site parking demand. .
6. The City Engineers shall review the plan to relocate Laurel Street and
the City shall obtain BN and Yacht Club approval as needed before
building permits are issued.
7. The first floor elevation and all mechanical equipment shall be
elevated above the regulated 100 year flood level.
8. The development agreement between the City and the developer shall be
modified to include these conditions.
9. This approval is based on MnDOT approval of use of the Main Street
right-of-way for landscaping and parking. If MnDOT approval is not
gained, a revised parking landscape plan shall be reviewed and approval
by the Planning Commission before building permits are issued.
HERITAGE PRESERVATION COMMISSION/DESIGN REVIEW COMMITTEE RECOMMENDATION:
The design of the depot and the site plan meet the intent of the Design
Guidelines. The depot design incorporates old architectural elements into new
design. It is very sensitive to the visual image of Stillwater.
ATTACHMENTS:
- Site plan.
- Building Plan.
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~ase j"wmoer -5rbf-Pj-fiJ--- 6op/J 0 .
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fee PCld -----___;..___:l2_ P:
Date filed _!!t:-_fJiP-___!.~/)...Ir;o
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PLANNING ADl\~INlSTRATlVE FORlv\
Street Location or Property: (,...o_L_~_'t2~J:.~__.0_~~l\_________________
LGgal Doscription of Property: ________________________________________ _
Owner; Name ~\.~J~~%_(,I~_ir_...e.~~L~~I.J)--~~t~~~--~~--E~p.?t4 ~
Ad dress ~Q J __"&u.'-fu~~______________ P hone:rtZl:?;.~Lj~Q_::_5J2oCf
Applicant (if other than oW]1er): Name bAJL..t..::Avi.!..~________
. Address _______________________~_____!p~tt _~~~~~
Type or ReGuest: 0
___ Rezoning
X- Special Usa Permit
___ Yariance
___ Approval of Preliminar; Plat
___ Approval or Final Plat
~__ Other_________~_________
Description of ReGuest: .57.7..2.L:::-..kZ/..I!rZl!.~-R~~LL~(2---~---------
. .
____$..<<.rJff.kt.m_--=__.&~~~L~~z:--f-?~~~-------------------
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Date of Public Hearing: _____0_________________________________________
NOTE: Sketch or proposed 'property and structure to be drawn.on back oi this form or at-
tached, showing the following:
1. North direction.
2. Location of proposed structure on lot.
. ) 3. Dimensions oi front and side set-backs.
4. Dimensions or proposed structure.
5. Street names. ___. ~/i':'OF.~' 0
6. Locatio.n ,of ad~acent existing buildings: . . . oSr,...lt~~~'!:::::~..,;-. -
7. Other lIuonnation as may be requested.. ..# )"'1,)'." _ .
. (~~ .. .
Approved ___ Denied__._ by tho 'PI~nning Commission on -------~-i!!;t{
b. .... th f II' d'.. 0 .
su leel 10 e. 0 oWing con Illons: ____________________________________
Approved ___ Denied ___ by the Coun ciI on __...:~~-.,;.::...::...;;_____;..:.-subiect to the::~:-., (".:;; 0 r: .-:-;.1
.t. II' d' ..\ .
10 oWing con ltlons: ________________________________________________
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Comments: (Use other side), . '0
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ADDENDUM
THIS ADDENDUM, made this day of October,
1990, is intended by the parties to update and in some respects
amend a Development Contract that was made between the same
parties on the first day of September, 1987.
Section 1. Recitals
1.01. The City has acquired fee title to the option
property as described in ~1.01 of the Development
Contract.
1.02. The Developer has informed the City that it
has sufficient financing to construct the depot
building and other improvements set forth in Exhibits
liB" and "c" of the Development Contract as modified in
Exhibit 1 of this Addendum.
1.03. The parties desire to finalize aspects of
this transaction in this Addendum and they therefore
agree as follows:
Section 2. City Action
2.01. The city will convey the fee simple title to
the 1st option property to the Developer on a form of
deed and with the legal description set forth in the
attached Exhibit 2 for the purchase price of
2.02. The City will lease portions of the 2nd
option property to the Developer pursuant to a lease, a
copy of which is attached as Exhibit 3.
2.03. Provided that the requests are permitted by
law and the zoning ordinances are in compliance with
these requirements, the City will grant to Developer
the necessary permits to permit the construction of
improvements set forth in Exhibit 1.
2.04. The conveyance set forth in ~2.01 of this
Addendum shall not be made, nor shall the Developer be
obligated to pay the purchase price unless it receives
all necessary city approvals for the project on or
before December 9, 1990.
2.05. When the conveyance set forth in ~2.01 is
made to the Developer, the City will convey to the
Developer a right of first refusal to the 2nd option
property and the Fee property according to the form and
terms set forth in Exhibit 5.
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CONCLUSION
The Development Contract is hereby extended and all of
its terms, except as expressly modified in this Addendum, are
hereby extended and shall survive until all sums owing to the
City pursuant to the mortgage described in ~3.01 have been paid
to the City and the mortgage is fully satisfied.
DEVELOPER:
Minnesota Zephyr
CITY:
City of Stillwater
By
David L. Paradeau, CEO
By
Wally Abrahamson, Mayor
Attest:
Mary Lou Johnson, Clerk
STATE OF MINNESOTA
SSe
COUNTY OF WASHINGTON
On this day of October, 1990, before me, a Notary
Public within and for said County, appeared Wally Abrahamson and
Mary Lou Johnson, to me personally known, who, being by me duly
sworn, did say that they are respectively the Mayor and City
Clerk of the City of Stillwater, and that this instrument was
signed and sealed in behalf of the City by authority of its City
Council, and they acknowledge that said instrument was the free
act and deed of the City.
Notary Public
STATE OF MINNESOTA
SSe
COUNTY OF WASHINGTON
On this day of October, 1990, before me, a Notary
Public within and for said County, appeared David L. Paradeau, to
me personally 'known, who, being by me duly sworn, did say that he
is the Chief Executive Officer of Minnesota Zephyr, Developer
named in the foregoing instrument and that this instrument was
signed on behalf of the Corporation as his free act and deed.
Notary Public
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2.06. The City will develop the Fee property into a
public parking facility, including asphalt surfacing,
lighting, painting and landscaping and will finish this
work on or before July 1, 1991.
Section 3 Developer Action
3.01. Before the conveyance described in ~2.01 is
made to the Developer, the Developer will furnish to
the City evidence that the Developer has secured
financing in an amount necessary to complete the
construction described in ~3.02 and evidence that the
State of Minnesota will permit the encroachment of part
of the Developer's improvements upon the right-of-way
of State Highway 95.
3.02. The Developer, upon delivery of the deed set
forth in Exhibit 2, will convey to the City a mortgage
and mortgage note, the form and terms of which are set
forth in Exhibit 4.
3.03. The Developer will begin construction of the
improvements described in Exhibit 1 within
days of receiving the conveyance described in ~2.01,
and will have the improvements substantially complete
by May 1, 1991..
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3.04. The Developer will allow public use of the
parking lot described in Exhibit 1 and will negotiate
an arrangement regarding this public use that will not
be in conflict or cause interference with its private
use.
3.05. The Developer agrees to coordinate
improvements with public work being done by the City
pursuant to the Downtown Plan improvements, and to
consult with the City Engineer and the Minnesota State
Highway Department in order that the improvements be
consolidated, if possible, with planned MnDot
improvements of State Highway 95.
3.06. The Developer agrees that all conditions of
approval that are made a part of the special use permit
for the development as described in Planning Case No.
SUP/DR/90-62 will be abided by and that these
conditions are incorporated and made a part of this
Addendum as if fully set forth herein.
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e MEMORANDUM
TO: Mayor and City Council
FR: City Coordinator
DA: October 19, 1990
RE: CONDEMNATION OF PROPERTIES LOCATED ON NORTH 4TH AND SOUTH 2ND STREETS
The city attorney and I recently met to discuss the appraisal reports related
to the properties located at 410 North 4th street and 1218 South 2nd Street.
The appraisal indicates a market value and rehab cost as follows:
Market
Value
Rehab
Cost
410 North 4th Street
$60,000
$70,000
1218 South 2nd Street
$23,000
$56,300
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As you recall, the City decided to proceed with the condemnation process because
the City had not had any success in eliminating the problems associated with
these properties, especially the property at 1218 South 2nd Street. The other
method available was to use the nuisance abatement law and procedure. This was
used to initially "Clean up" the subject properties (the nuisance abatement
procedure was also used to demolish the building at 500 South 4th Street).
The difference between condemnation and abatement, obviously, is that with
condemnation the City would have to purchase the property and still rehab or
demolish the building. This can become more costly than the abatement process.
For example, it cost about $25,000 to demolish the building at 500 South 4th
Street (thereby eliminating the nuisance). However, the City will recover this
cost by assessing the property owner.
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If we were to condemn the property at 410 North 4th Street we would have to pay
the property owner at least the amount stated in the appraisal report ($60,000)
and then either demolish the building at an addi tional cost estimated to be
$15,000 - $20,000 or to try to sell the property (i.e., advertise for proposals)
to someone who would be required to rehab or demolish the building. It would
appear that the sales price in this case would be somewhat lower than the
condemnation price because of the high cost of demolition and especially the
rehab costs. In this particular case, I would estimate the unrecovered cost for
the City (condemnation price vs. sales price) to be between $30,000 - $40,000.
Therefore, I would recommend that the City use the abatement procedure to solve
the problems (at least temporarily) at 410 North 4th Street. Although it will
probably take until next spring to complete abatement process because it is
Court driven, the costs incurred will be substantially less than the costs
associated with condemnation and are probably assessable as well.
The drawback to the abat ent procedure is that the problem will only be cured
for a short period of t" e if the owner doesn't eventually sell or rehab the
property. In other words, the procedure would abate the nuisance (Le, sidewalk,
retaining wall, grass cu ting, weeds, securing the building and the removal of
rubbish) existing today b t would not necessarily lead to the rehab and continued
maintenance of the prope ty. It could become a nuisance again. However, as I
indicated previously, th cost of finding out what the future holds would be
substantially less than the cost of condemning the property.
On the other hand, the cost of condemnation/rehab/demolition (and history)
associated with the build"ng at 1218 South 2nd Street influences me to recommend
that we proceed with c ndemnation of this property. It would be a more
expeditious process (30 60 days to acquire the property and another 30 - 45
days to obtain proposal ) with rehab or demolition either starting or being
completed by next spring.
Although the City would robably have unrecovered costs of $10,000 to $15,000,
we would have solved a pr blem that has existed for at least 12 years. Further,
the value of the prop rty, especially with rehabilitation or with new
construction, would incr ase thereby generating additional taxes - which in a
sense could be considere a form of cost recovery.
The city attorney will rovide you with a more detailed explanation of the
condemnation and nuisance abatement procedures as they apply to these particular
properties at Tuesday's eeting to help you decide which procedure to follow.
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AGREEMENT
This Agreement, dated as of October 15, 1990, is
by and between the City of Stillwater, Washington County,
Minnesota (the "City"), James Torseth and Cara N. Torseth,
husband and wife, and Neil Skinner and Patricia J.
Skinner, husband and wife, all individuals and Minnesota
residents.
Section 1. Recitals
1.01. James Torseth and Cara N. Torseth,
husband and wife, and Neil Skinner and Patricia J.
Skinner, husband and wife, (hereinafter referred to
collectively as "Owners") are the Owners of, among other
things, two parcels of land. The east 386.97 feet of
Outlot A, Stillwater Industrial Park, according to the
plat on file in the office of the county recorder,
Washington County, Minnesota PIN #11159-2025 (Parcel One)
and Outlot B, Stillwater Industrial Park, except the east
778.30 feet according to the plat thereof now on file in
the office of the county recorder, Washington County,
Minnesota, PIN #11159-2030 (Parcel Three).
1.02. That the City of Stillwater has at
various times levied against both parcels special
assessments for local improvements. The amounts of
special assessments remaining unpaid against Parcels One
and Three, payable in the tax year 1991 and future years
according to the attached Exhibit "A".
Section 2. Owners' Request
2.01. The Owners have requested that all of
the special assessments outlined and set forth in Exhibit
"A" be transferred and reapportioned in a manner that
allows Parcel One to be free from these assessments, and
that the assessments removed from Parcel One be added to
the special assessments and be spread in addition to those
sums already payable against Parcel Three.
Section 3. City Action
3.01. Based upon this Agreement and the
Owners' representations and waiver, the City is willing to
transfer and reapportion these assessments in the manner
requested by the Owners and, upon the execution of this
Agreement, the city clerk, treasurer, coordinator and
attorney are directed to take such action as is needed to
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legally effectuate
that Parcel One wi
special assessment
set forth in this
charged with speci
this reapportionment and transfer so
1 be free and clear of installments of
with regard to the local improvements
greement, and that Parcel Three be
1 assessments as follows:
PID - 159-2030 Total
LI 157 -
LI 173 -
LI 191 -
LI 218 -
LI 250 -
$47,235.20
$58,609.74
$615.13
$1,016.37
$8,066.67
3.02.
in ~ 3.01shall be
installments and a
in the original in
That the special assessments set forth
ayable in the remaining annual
the rate of interest that was adopted
tance for each local improvement.
Section
Owners' Representations and Waiver
4.01. Th Owners acknowledge that the City is
taking this action based upon the representations set
forth herein that re as follows:
A.
ners warrant that they are the legal
of both Parcels One and Two.
B. he Owners waive the right to object to
improvement projects within the
g of Chapter 429 of the Minnesota
es and to contest the amount of future
ments for such projects on the grounds,
parcel three, that existing assessments
reasonably high. The Owners agree that
any 0 jections will be based on the amount of
exist'ng assessments that would have been
attri utable to Parcel Three had this
reapp rtionment not been made.
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this
IN WITNESS WHEREOF, the parties have set their hands
day of October, 1990.
CITY OF STILLWATER
JAMES TOR SETH
By
WALLY ABRAHAMSON, MAYOR
CARA N. TORSETH
ATTEST:
NEAL SKINNER
MARY LOU JOHNSON, CITY CLERK
PATRICIA J. SKINNER
STATE OF MINNESOTA
ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this
day of October, 1990, by James Torseth and Cara N. Torseth,
husband and wife, and Neal Skinner and Patricia J. Skinner, husband
and wife.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this
day of October, 1990, by Wally Abrahamson, Mayor, and Mary Lou
Johnson, City Clerk, for the City of Stillwater.
Notary Public
This instrument was drafted by:
David T. Magnuson
Magnuson & Moberg
324 South Main Street
Stillwater, Minnesota 55082
(612) 439-9464
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REAPPORTIONMENT OF ASSESSMENTS
PAYABLE DURING 1991 AND FUTURE YEARS
BALANCE
PARCEL PID LI #157 LI #173 LI #191 LI #218 LI #250 12/31/90
-0- -0-
#1 11159-2025 $9,872.15 $27,487.97 -0- $374.02 $2,961.87 $40,696.01
-0-
#3 11159-2030 $37,363.05 $31,121.77 $615.13 $642.35 $5,104.80 $74,847.10
TOTALS $47,235.20 $58,609.74 $615.13 $1,016.37 $8,066.67 $115,543.11
LI #157 - utilities and street
Curve Crest Blvd.
1980, 20 year, 6.5%
LI #191 - lighting
1 983, 1 0 year, 11.5 %
LI #173 - water main and sewer main
Washington Street
1981, 20 year, 7.25%
LI #218 - storm sewer
1986, 10 year, 10%
LI #250 - drainage
1990, 10 year, 8%
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ENCINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA SS110 612490-2000
October 4, 1990
RE: STILLWATER, MINNESOTA
CITY ENGINEER
SEH FILE NO: 89114
Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Council Members:
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The City received a letter from the Minnesota Pollution Control
Agency (MPCA) dated September 26, 1990, pertaining to an
Environmental Assessment Worksheet (EAW) for the Stillwater
wastewater treatment facility expansion. The EAW was to be
published on October 1, 1990 and does require a 30 day review and
comment period. I have reviewed the EAW as prepared for the
wastewater treatment facility expansion. This EAW was prepared
by the MPCA which is part of the rules and regulations for this
type of EAW and wastewater treatment facility expansion.
We are returning the PCA letter and EAW which we received. After
review we would call attention to No. 18.b. on Page 5 of the EAW.
The proposal for the wastewater treatment facility is to fill a
portion of the area to raise that portion above the 100 year
flood elevation. This will decrease natural storage adjacent to
the river. My question is to follow this through Corps of
Engineers permits to make sure that this will not raise the water
level for the City of Stillwater and perpetrate any additional
flooding or cause flooding other than is normally experienced at
this time. Since the filling of any of the flood plain requires
a Corps of Engineers permit, the City should be notified since
they would be affected by any changes on the river. With this
notification, additional information delineating the fill area
and the amount of fill raised in the water level, etc. should be
included and the City could review the information to determine
if there is any impact on the City of Stillwater.
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SHORT ELLIOTT
HENDRICKSON INC
ST PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
City of Stillwater
October 4, 1990
Page #2
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The Council may wis to review No. 27.d.e. on Page 9 of the EAW.
This item asks the question if the project will cause impairment
or destruction of scenic views and vistas and/or other unique
resources. The MPC has considered no impact on either of these.
They do state in t e EAW how the new facilities or expansion to
the plant basicall be constructed, the maximum height and the
color of the outsid of the buildings. The MPCA feels that these
will blend in wit the surrounding area and not detract from
scenic view of the iver itself.
Basically the wast water treatment facility expansion is in the
Ci ty of Oak Park H ights and will have to meet the zoning and
code regulations 0 the City of Oak Park Heights. If the City
wishes to respond t any of the items in the EAW, they have to be
filed with the MPCA within 30 days of the publication of the EAW
in the Environmenta Quality Board Monitor.
I f you have
contact me.
EIS.
any urther questions please do not hesitate to
I fee the EAW does not demonstrate a need for an
REM/cih
Enclosure
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Sincerely,
fi2j~1 &f)#~
Richard E. Moore, P.E.
City Engineer
cc: Nile Kriesel, ity Coordinator
Steve Russell, Community Development Director
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SHORT El.!./
-"i f,
-SEp.
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Minnesota Pollution Control Agency
~o Lafayette Road, Saint Paul, Minnesota 55155-3898
E U Telephone (612) 296-6300
ICKSON,. INC.
1 1990
ST. PAUIJ
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UtrfA
(L/
September 26, 1990
TO INTERESTED PARTIES
Enclosed is the Environmental Assessment Worksheet (EAW) on
the Stillwater wastewater Treatment Facility Expansion. The
EAW was prepared by the Minnesota pollution Control Agency
(MPCA) and is being distributed for a 30-day review and
comment period pursuant to the Environmental Quality Board
rules. The comment period will begin the day the EAW
availability notice is published in the Environmental Quality
Board Monitor, probably the October 1, 1990, issue.
Comments received on the EAW will be used by the MPCA in
making its evaluation of the potential for significant
environmental effects from this project and its decision on
the need for an Environmental Impact Statement.
If you have any questions on the EAW, please contact Paul
Schmiechen of my staff at 612/296-7795.
Sincerely,
~~.~
Debra L. McGovern
Director
Environmental Analysis Office
Environmental support Division
DLM:bh
Enclosure
Regional Offices: Duluth - Brainerd - Detroit Lakes - Marshall- Rochester
Equal Opportunity Employer - Printed on Recycled Paper
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ENVIRONKENTAL ASSESSMENT YORKSHEET (BAY)
HARK APPROPRIATE BOX:
X REGULAR RAY
SCOPING BAV
NOTE TO REVIEVERS: For regular BAVs, written comments should address the
accuracy and completeness of the BAY information, potential impacts that may
warrant investigation and/or the need for an EIS. For scoping BAYs, written
comments should address the accuracy and completeness of the information and
suggest issues for investigation in the EIS. Such comments must be submitted
to the Responsible Governmental Unit (RGU) during the 30-day period following
notice of the RAV's availability in the EOB Monitor. Contact the EOB (metro:
612/296-8253; non-metro: 1-800-652-9747, ask for environmental review program)
or the RGU to find cut .hen the 30-day comment period ends.
1. Project Name Stillwater Vastewater Treatment Facility Expansion
2. Proposer Metropolitan Vaste Control 3. RGU Minnesota Pollution Control
Commission (MVCC)
Agency (MPCA)
Contact Person Allen Dye
Contact Person Paul Schmiechen
Address 230 East 5th Street
and Title Environmental Planner
St. Paul, Minnesota 55101
Address 520 Lafayette Road
St. Paul, Minnesota 55155
Phone
(612) 229-2174
Phone
(612) 296-7795
4. Project Location NY 1/4 SE 1/4 Section 34 TYp. 30N Range 20W
a. County Name Vashington
City/TYpo Name Oak Park Heights
b. Atta~ copies of each of the fo!l~Ying to the BAY:
1. a state map shoving the general area of the project. (Figure 1)
2. a county map shoving the general area of the project. (Figure 2)
3. a copy(ies) of USGS 7 1/2 minute, 1:24,000 scale map. (Figure 3)
4. a site plan shoving the location of significant features such as
proposed structures, roads, extent of flood plain, wetlands, veIls,
etc. (Figure 4)
5. a brief description of the project alternatives. (Attachment 1)
5. Describe the proposed project completely (attach additional sheets as
necessary) .
The Metropolitan Vaste Control Commission (MVCC) is proposing to expand and
upgrade the Stillwater Vastewater Treatment Facility (VVTF) , close the
Bayport VVTF, and ro
(This EAY focuses on
separate EAY will be
will transport the w
facility will be des
Stillwater Township,
combined population:
-2-
te the wastewater to the expanded Stillwater facility.
the expansion and upgrade of the Stillwater YVTF; a
prepared for the construction of the force main that
stewater from Bayport to Stillwater). The new
gned to serve the communities of Oak Park Heights,
the city of Bayport, and the city of Stillwater (1987
19,320t.
e
The existing facilit contains the following components: screening, grit
removal, primary sed mentation tank, aeration tank, chemical (alum) feed
facHi ty, final sedi entation tank, chlorine contact tank, and anaerobic
digesters. The exis ing Stillwater VVTF can treat 3.0 million gallons per
day (mgd) of average annual daily flow; the Bayport YVTF can treat 0.65 mgd
of average annual da ly flow. After expansion, the Stillwater VVTF wili be
able to treat 4.~~ of average annual daily flow at established water
quality standards, i elUding 25 milligrams per liter (mg/l) Biochemical
OX~ie~ Demand (BOD), 30 mg/l Total Suspended Solids ~TSS), and 1 mg/l
phosphorus. The fac'lity will continue to discharge treated effluent to
the St. Croix River.
The expanded facilit
that will house a me
flow monitoring equi
facilities and a slu
gravity from the pre
clarifiers. The pri
rehabilitated aerati
wastewater will flow
two new secondary cl
be chlorinated in a
dechlorinated with s
w~ste activated slud
thickener building,
storage tank. The t
at a concentration 0
be hauled to the MYC
will include a new preliminary treatment building
hanical bar screen, a vortex grit removal unit, and
mente The building will also house odor control
ge loadout station. The wastewater will flow by
iminary treatment building to two new primary
ary clarifier effluent will flow to the existing
n basin and two new aeration basins. From there, the
to two rehabilitated existing secondary clarifiers and
rifiers. The secondary clarifier effluent will then
ew chlorination basin. The effluent will be
lfur dioxide prior to discharge. The primary and
e from the clarifiers will be pumped to a new
hich will include a gravity thickener and a sludge
ickened sludge will be stored in a sludge storage tank
approximately four percent solids. The sludge will
's St. Paul sludge processing plant.
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The new facilities w'll also include a new blower/chemical building and a
new alum feed system for phosphorus removal. A new septage waste tank will
receive septag~ from haulers. The exi9ti~g adminis~r~ti~n building will be
demolished and a new administrative/maintenance building will be
constructed. The existing primary clarifiers and sludge drying beds will
be abandoned and dem lished to make room for new facilities. The anaerobic
digesters, generator building, and existing blower building will be
abandoned.
6. Reason for
facHi t .
Expansion of an existing municipal wastewater
List all mandatory ategory rule I's which apply: Minn, Rules pt.
4410.4300, sub . 18 .
7. Estimated construction cost:
$12,000,000
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8. Total project area (acres):
7.3
or length (miles)
9. Number of residential units:
institutional square footage
N/A
N/A
or commercial, industrial or
10. Number of proposed parking spaces: N/A
11. List all known local, state and federal permits/approvals/funding
required:
Level of Government
Type and t of Permit
Status
Federal:
U.S. Army Corps of
Engineers
Section 404 Dredge and
Fill Permi t
Application
Submitted
State:
MPCA
National Pollutant
Discharge Elimination
System (NPDES) Permit
Applica tion
Submitted
MPCA
NPDES Permit for
Dewatering Discharge
To be Determined
Minnesota Department of
Natural Resources (MDNR)
Construction Dewatering
Permit
Application
Submitted
Local:
City of Oak
Park Heights
Building Permit
Applica tion
Not Submi tted
City of Oak
Park Heights
Grading Permit
Applica tion
Not Submitted
City of Oak
Park Heights
Conditional Use
Permit
To be Determined
12. Is the proposed project inconsistent with the local adopted comprehensive
land use plan or any other adopted plans? X No Yes
If yes, explain:
13.
Describe current and recent past land use and development on and near the
site.
The proposed site is located in the city of Oak Park Heights and is
bordered by Minnesota T.H. 95 on the west and the St. Croix River to the
east (the treatment facility is roughly 250 feet from the River). A
marina and residential condominiums are located 120 feet north of the
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proposed buildings.
generating facility
Resources boat laun
southern boundary 0
A Northern States Power (NSP) coal-fired electrical
is located to the south. A new Department of Natural
hing site will be built on the river adjacent to the
the WTF.
e
The VVTF site cover 7.3 acres. The proposed area to be used for the
actual expansion co ers 2.1 acres.
14. Approximately how. y acres of the site are in each of the following
categories? (Acrea es should add up to total project area before and
after construction.)
Before
After
Before
After
Forest/\looded
Cropland
Brush/grassland
1.5
0.2
.25
4.4
Vetland(types 3-8) 0.65 0.2
Impervious Surface 1.0 1.2
Other (specify) 0.9 1.3
\lasrewater Treatment Facility
15. Describe the soils on the site, giving the SCS soil classification types
if known.
The soil survey fo
consist of Santiag
mostly silty sands
layer. The soils
facHi ty.
16. Does the site cont in peat soils, highly erodible soils, steep slopes, ~
sinkholes, shallow limestone formations, abandoned wells, or any geologic
hazards? If yes, how on site map and explain. No X Yes
\lashington County indicates that the soils on the site
-Kingsley glacial till. Borings taken on site indicate
and clayey sands underlying an organic silty clay
re considered adequate for construction of the
There are slopes a steep as 25 percent near the existing facility, but
outside of the pIa t expansion area.
The water veIl use
abandoned in aecor
abandonment proced
Oak Park Heights w
to supply the existing treatment facility will be
ance vith Minnesota Department of Health well
res. The new facility will be connected to the city of
ter system.
A layer of dense, highly ~eathered S&~J8ton~ b~drcck ~ncl~rlies almost the
entire project site. Erosion and sedimentation control measures viII be
used to minimize ny problems resulting from construction on the site.
17. Vhat is the appro imate depth (in feet) to:
a. ground water 4 min. 9 avg.
b. bedrock 2.5 min. 7 avg.
18. Does any part of he project area involve:
a. shoreland zon ng district?
b. delineated 1 -year flood plain?
c. state or fede ally designated river land use district?
No X Yes
No X Yes
No X Yes
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If yes, identify water body and applicable state classification(s), and
describe measures to protect water and related land resources.
a.
The existing wastewater treatment facility and the proposed expansion
are located within a shoreland zoning district. This project may
require a conditional use permit from the city of Oak Park Heights.
b.
Although the VVTF expansion will be constructed at a higher elevation
than the 100-year flood elevation, excess excavation material from
si teconstruction may be deposi ted-in toe "s-r;-Croix-'iHvei-nc;-c)(f-piain.
3h:is-'nla teri~X~:i1io~uid~nQi'_-'a'ffec t_JhiJiood pia:fn and-the 100':year:Jlgod
elevation. Erosion control measures'-wII::C-6e--usea-on the-deposi ted
-Hl1"iii'aterial to prevent significant erosion. All deposi ted
excavation material will be graded following construction. The M~CC
is required to obtain a Corps of Engineers Dredge and Fill permit for
the deposition of fill material in the flood plain.
c.
The section of the St. Croix River adjacent to the ~~TF expansion is
designated as a National ~ild and Scenic Riverway. The National Park
Service (NPS) reviews VVTF projects located along the river. Although
they do not have specific standards for water quality, they do examine
the proposals for compliance with state standards and local zoning
requirements. In general, the NPS has approved both the established
water quality standards, and the overall project proposal. (See
attached NPS letter and Minnesota-~isconsin Boundary Area Commission
letter).
Currently, the existing VVTF is not visible from the St. Croix River.
The tree line that visually buffers the plant from the river will not
be disturbed, but the plant expansion will be at an elevation that
will make it visible from the river. The exterior appearance of the
treatment plant facilities are designed, however, to be compatible
with the surrounding buildings. The design of the buildings is
intended to minimize visual impacts.
The city of Oak Park Heights ordinance requires that any building
within the River Impact District must not exceed 35 feet in height.
The tallest building in the proposed project will not exceed 27 feet.
19. Describe any physical alteration (e.g. dikes, excavation, fill, stream
diversion) of any drainage system, lake, stream and/or wetland. Describe
measures to minimize impairment of the water-related land resources.
A site wetland survey identified 0.65 acre of forested wetland on the
three acre VWTF expansion site. This wetland was originally created after
a road and culvert were constructed to the south of the site. The road
and culvert caused water to seasonally cover the low lying area. The
proposed project will fill less than 0.5 acre of this wetland. The loss
of this area due to project construction is not expected to result in any
significant environmental effects. The M~CC is required to obtain a Corps
of Engineers Dredge and Fill permit for filling the wetland.
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------.
~ l.j
Existing surface d
construction. The
drainage ~~e to th
-graalng'and ditche
toward the St. Cro
adjacent storm wat
20. a.
Significant gr
of the WTF, r
consultants es
withdrawn from
each operating
feet over one-
struction dewa
The water will
tests are bein
permit will be
detected, pret
installed on s
amount to roug
-6-
ainage will be slightly altered by project
e___wilL_b~a--negligible increase.__in_sudace water
slight increase in the impervious surfac.e .-Con tour
will provide for continued drainage from the project
x River. This drainage will be routed to NSP's
r holding ponds to minimize erosion effects.
e
t require an appropriation of grourid or surface vater?
(indicate quantity and source): No X Yes
und water dewatering will occur during the construction
ughly from Hay 1991 to November 1992. The project
imate that roughly two million gallons per day will be
the site. Dewatering will be done using four pumps,
at 300 gallons per minute, withdrawing to a depth of 25
uarter of the site. The HVCC will obtain a con-
ering permit from the HDNR to perform this activity.
be discharged to the St. Croix River. Vater quality
performed on the ground water to determine if a NPDES
required from the HPCA. If poor water quality is
eatment may. be necessary. Drain tiles will be
te to facilitate permanent dewatering. This should
ly 70,000 gallons per day.
b. ViII the proje t affect ground vater levels in any veIls (on or off
the site)? If yes, explain: No X Yes
The closest we
Prison, locate
closest well i
may have an im
will only occu
temporary. Th
levels but not
e
1 to the treatment facility is at the Oak Park Heights
approximately 1500 feet to the south. The next
located over 2000 feet away. Ground water dewatering
act on these local wells. Since the primary dewatering
during construction, the significant impacts should be
permanent dewatering may also lower local well water
enough to cause significant impacts.
21. Describe the erosi n and sedimentation control measures to be used during
and after construction of the project.
The folloving erosion cvnt~ol measures will be used during construction:
1) Trenches will e backfilled immediately after pipe installation.
2) Sediment barriers will be used where appropriate. At a minimum,
siltation fen es or hay bales will surround the project area during
construction nd prior to revegetation.
3) Dust from win erosion will be controlled by the application of water
and/or chemic 1 dust suppressants.
4) The construct'on areas will be limited to minimize erosion and
sedimentation problems.
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5) Disturbed areas will be revegetated as soon as possible after
completion of construction.
Contouring, ditches, curbs, and gutters will control erosion problems
resulting from surface water run-off. Adequate implementation of these
procedures should minimize any erosion and sedimentation problems.
22. a. ViII the project generate:
1. surface and storm water run-off?
2. sanitary wastewater?
3. industrial wastewater?
4. cooling water (contact and noncontact)?
No X Yes
No X Yes
No X Yes
-x: No Yes
If yes, identify sources, ~clumes, quality (if other th~~ normal
domestic sewage), and treatment methods. Give the basis or
methodology of estimates.
e
. 1. The proposed project will slightly increase surface and storm
water run-off as a result of the construction of buildings and
streets, and the modification of vegetative cover. The surface
water from the project will be directed to the NSP storm water
holding ponds to the southeast of the site by ditches, contouring,
curbs, and gutters. After allowing for adequate settling of
eroded material, run-off eventually flows to the St. Croix River.
Revegetation of the site after construction will help reduce storm
water run-off. Erosion control mesures identified in #21 will
minimize any problems.
2. The wastewater treatment facility is designed to handle the
projected flow increases in the service area for the next 20 years
(projected population: 27,800) and the wastewater currently being
treated at the Bayport facility. The new VVTF will also allow
consolidation of MWCC operations at one rather than two sites.
The existing Stillwater facility can treat 3.0 mgd of average
daily flow; the existing Bayport facility treats roughly 0.65 mgd
of average daily flow. The proposed project will expand the
Stillwater facility to treat 4.5 mgd of average daily flow (10.7
mgd peak hourly flow). The Bayport facility will eventually be
demolished and all flows directed to Stillwater. The facility
will continue to meet its limits of 25 mg/l BOD and 30 mg/l TSS
during and after construction.
3. The only large industrial contributor to the waste flow is
Andersen Windows. The wastewater is currently treated at Bayport,
but will eventually be routed to the new Stillwater VVTF. The new
facility will be able to adequately treat these waste flows.
e
b. Identify receiving waters, including ground water, and evaluate the
impacts of the discharges listed above. If discharges to ground water
are anticipated, provide percolation/permeability and other
hydrogeological test data, if available.
-8-
Treated wastew ter is discharged to the St. Croix River. Discharge
standards cont ined in the facility's NPDES permit are established to ~
minimize any p tential impacts on the receiving waters, as long as all
permit conditi ns are met. The discharge standards have been
established at 25 mg/l of BOD, 30 mg/l of TSS, and 1 mg/l of
phosphorus.
23. ViII the project
a. air pollution?
b. dust?
c. noise?
d. odors?
e. Ii tter?
nerate (either during or after construction:
X No Yes
No X Yes
No X Yes
No X Yes
X No Yes
If yes, explain, i eluding as appropriate: distances to sensitive land
uses; expected Ie 1s and duration of noise; types clIld quantities of air
pollutants from stacks, mobile sources, and fugitive emissions (dust);
odor sources; and mitigative measures for any impacts. Give the basis or
methodology of estimates.
b.
Construction
few residence
(the distance
feet). Dust
necessary, an
possible afte
c.
Temporary noi
requiring ade
restricting '0
operation wi!
berm will be
apartment com
d.
Odors from th
covering the
and the sludg
covered facH
carbon fnter
achinery may cause temporary adverse dust impacts on a
and commercial establishments near the project area
to the nearest residential/commercial areas is 120
ill be controlled by watering exposed areas when
by repairing or reseeding disturbed areas as soon as
construction.
e
e impacts from construction will be minimized by
uate mufflers on construction machinery engines and by
erations to daylight hours. The actual facility
not generate significant noise levels. A screening
onstructed between the treatment plant and the adjacent
lex to reduce noise and visual impacts.
wastewater treatment plant will be minimized by
eptage receiving tank, influent barscreen, grit chamber,
storage and thickening facilities. The air from these
ties will be routed through a wet scrubber and activated
befor.~ bei~g discharged to tne atmosph~re.
24. Describe the type and amount of solid and/or hazardous vaste including
sludges and ashes that viII be generated and the method and location of
disposal:
The sludge from t e wastewater treatment facility will be hauled to the
MVCC's Metro slud e processing plant in St. Paul. Approximately 20,000
gallons per day 0 sludge will be hauled by truck.
a. fish or vildl fe habitat, or movement of animals?
b. any native sp cies that are officially listed as
state endange ed, threatened, or of special concern
(animals and/ r plants)?
25. ViII the project
No L. Yes
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X No Yes
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If yes, explain (identify species and describe impact):
A site survey identified a possible raptor nest .within the project
boundaries. The nest is located within fifty feet of the existing
VYTF buildings, a distance that is not considered ideal for prime habitat.
Initial reports indicated that the nest might have been built by a
red-shouldered hawk, a species of special concern that is extremely
uncommon in Minnesota. A specific determination, however, could not be
made on two points: 1) Is it actually the nest of a red-shouldered hawk?
2) Is the nest still active? The MDNR wildlife siting database has no
record of a red-shouldered hawk in the area around the VVTF. A raptor
specialist from the Raptor Rehabilitation Center at the University of
Minnesota visited the site and determined that the nest was probably not
built by a red-shouldered hawk (see attached letter). This determination
was based on nest size and location in the tree. The nest could have been
built by another migratory bird. The raptor specialist could also not
determine if the nest was still active. Since the nest is probably not
occupied by a red-shouldered hawk, the other item of concern involves
altering migratory bird habitat.
The U.S. Fish and Yildlife Service (USFYS) was contacted to obtain
information on the federal rules governing migratory birds. These birds
are protected by the Migratory Bird Treaty Act of October 7, 1910, a
provision of which prohibits the cutting of trees during the breeding
season that contain active nests of endangered, threatened, or special
concern species. If the nest is not active, however, and if a positive
determination cannot be made concerning whether the nest was built by an
endangered, threatened, or special concern species, there are no legal
restrictions on removing the tree during the non-breeding season. Due to
this factor, the MYCC can remove the tree from the proposed VVTF site. If
the remote possibility exists that a raptor still nests on the site,
however, the construction of the VYTF will cause the displacement of the
bird.
26.
Do any historic, archaeological or architectural resources exist on or
near the project site? If yes, explain (show resources on a site map and
describe impact): X No Yes
27.
ViII the project cause the impairment or destruction of:
~>
a. designated park or recreation areas?
b. prime or unique farmlands?
c. ecologically sensitive area?
l~\d. scenic views and vistas?
;1. ~e. other unique resources (specify)?
X No
X No
X No
XNo
X No
Yes
Yes
Yes
Yes
Yes
If yes, explain:
28. For each affected road, indicate the current average daily traffic (ADT),
increase in ADT contributed by the project and the directional
distributions of traffic.
The construction of this project will result in only a slight increase in
the sludge hauling traffic (one or two trucks per day) from the Stillwater
plant to the MYCC Metro plant.
-10-
29. Are adequate utili ies and public services nov available to service the
project? If not, hat additional utilities and/or services viII be
required? X No Yes
e
Electrical service lines will be required to provide the additional power
needed for treatme t plant expansion.
SUHHARY OF ISSUES
For regular BAVs, list he issues as identified by "yes" ansvers above.
Discuss alternatives an mitigative measures for these issues. For scoping
BAVs, list known issues, alternatives, and mitigative measures to be addressed
in EIS.
Steep Slopes/Bedrock/Ab ndoned Wells - Areas of steep slopes exist on the
project site; construction will occur outside of these areas. A shallow
sandstone layer underlies the project site; erosion control measures will be
implemented to prevent erosion and sediment transport during construction. An
existing water well wi 1 be abandoned according to the Minnesota Department of
Health well abandonment procedures.
Shore land Zoning Distr'ct - The project is located within a shoreland zoning
district. A condition 1 use permit, therefore, may be required from the city
of Oak Park Heights. easures to minimize environmental impacts will be
implemented during con truction activities.
Flood Plain - A portio
deposited in the St. C
the flood plain elevat
excavation material wi
A Corps of Engineers S
activities on the site
Vild and Scenic River
expansion is designate
complied with all requ
water quality standard
Service has reviewed t
improved by the expand
the expansion is compl
the existing structure
of the construction site excavation material may be
oix River 100-year flood plain. This should not affect
on or cause significant environmental effects. The
I be graded and erosion control measures will be used.
ction 404 permit will be required for dredge and fill
e
The St. Croix River adjacent to the treatment plant
as a National Wild and Scenic River. The project has
rements for construction in the riverway. Specifically,
and zoning requirements will be met. The National Park
e prcje~t ~nd agrees th~t vater quality should be
d VVTF. The VVTF will be visible from the river once
ted, but the buildings are being designed to blend with
Ground Vater Dewaterin - A ground water appropriations permit will be required
since ground water dew tering will amount to two million gallons per day. 'If
the ground water quality is below established water quality standards, a NPDES
permit will be requir d. Due to the fact that the dewatering will last for
more than one year, a temporary impact will occur on a limited number of local
wells. Permanent dew tering may impact local wells, but this should not be a
significant effect.
Sanitary Vastewater - The proposed project is a wastewater treatment facility ~
expansion that will d'scharge treated wastewater to the St. Croix River. The
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impact on the receIvIng waters will be minimized due to the requirements set
forth in the treatment facility's NPDES permit.
Dust - The proposed project will create dust during construction, but this can
be minimized by periodic site watering.
Noise - The proposed project will create noise during construction, but this
can be minimized by adequate muffling and operating during daylight hours.
Odors - The potential for odors will continue to exist, but should be minimized
after final installation of the odor control facilities.
Vildlife - An initial site survey identified a possible nest of a
red-shouldered hawk, a species of special concern. The MDNR, USFVS, and the
University of Minnesota RaptorRehabilitation Center were contacted on this
issue. A determination could not be made on the status of the nest and the
type of bird that occupied it. The Raptor Rehabilitation Center, however, does
not believe that the nest was constructed by a red-shouldered hawk. The tree
can be removed as long as this action does not take place during the breeding
season.
Utilities - Electrical service will be upgraded to provide adequate power to
the treatment plant equipment.
CERTIFICATION BY RESPONSIBLE GOVERNMENTAL UNIT
I hereby certify that the information contained in this document is true and
complete to the best of my knowledge and that copies of the completed EAV have
been made available to all points on the official EQB distribution list.
Signature
~'1.~~
Debra L. McGovern
Date ~~\ \110
Title
Director, Environmental Analysis Office
-12-
REFERENCES
1. Stillwater Vastewa er Treatment Facility Draft EAV, June 1989.
2. Stillwater Vastewa er Treatment Facility Plan, November 1989.
3. Stillwater Vastewa er Treatment Facility Permit File.
4. Bayport Vastewater Treatment Facility Permit File.
5.
Letter from Anthon
(Attachment 2)
Andersen, National Park Service, March 6, 1990.
uiness, Minnesota-Visconsin Boundary Area Commission,
ttachment 3)
e, Metropolitan Vaste Control Commission, May 10,
Tubesing, Project Manager, Donohue and Associates,
6.
Letter from Dan
April 20, 1990.
9.
Letter from Allen Dye, Metropolitan Vaste Control Commission, May 24,
1990.
10. Letter from Donoh e and Associates, July 25, 1990.
7.
Letter from Allen
1990.
8.
Letter from Richar
May 15, 1990.
11. Letter from Mark artell, The Raptor Center at the University of
Minnesota, August 16, 1990. (Attachment 4)
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HIGHWAY MAP
PF OJECT LO.CA TION MAP
STILLWATER WASTEWAJ"ER PLANT EXPANSION
AND UPGRADE EA W
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SITE TOPOGRAPHY
STilLWATER WASTEWATER PLANT EXPANSION
AND UPGRADE EA W
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LEGEND
NEW FACILITIES
FACILITIES SITE PLAN
STILLWATER WASTEWATER TREATMENT
PLANT EXPANSION AND UPGRADE EAW
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ATTACHMENT 1
PROJECT ALTERNATIVES
The MYCC reviewed a number of different project alternatives prior to
selecting the recommended alternative: upgrading and expanding the Stillwater
treatment facility to accommodate growth in the region and to include
wastewater flows from the Bayport plant. The non-selected alternatives
reviewed include: the no-action alternative; keeping both plants open and
upgrading them individually; closing one of the plants and routing the flows to
St. Paul, while upgrading the other plant; or closing both the Stillwater and
Bayport treatment plants and routing the flows to the Metro plant in St. Paul.
A discussion of the non-selected alternatives and the reasons for not pursuing
them are given below.
Alternative 1: No Action
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This alternative is not acceptable. If no action is taken to upgrade or expand
the two wastewater treatment plants and the population in the planning areas is
allowed to grow, this would result in violations to the MYCC's NPDES permit.
Both facilities are operating close to their hydraulic capacity and are not
able to adequately treat increased wastewater flows. If a moratorium is placed
on population growth in the planning areas, permit violations would still occur
in the future as the equipment in the treatment plants continues to age and
deteriorate. In addition, placing a moratorium on population growth is
contrary to the policies of both cities and the Metropolitan Council. The
Metropolitan Council has adopted a policy that encourages growth in
free-standing growth centers such as Stillwater.
Alternative 2:
This alternative involves keeping both Bayport and Stillwater treatment plants
open and upgrading them individually to meet increased flows. This is not a
practicable alternative. It would involve maintaining two discharge locations
along the St. C~oix Riv~r. In addition, capital costs would be higher with
this alternative than with the recommended one.
Although the Bayport facility is well operated, it is approaching the end of
its projected lifetime. The Bayport plant is a contact stabilization facility;
process limitations inherent in. this type of facility make upgrading or
expanding the treatment units difficult, as well as expensive to operate and
maintain. In addition, the Bayport facility is in the middle of a residential
area with no open space available for expansion without purchasing adjacent
land.
e
The Stillwater facility can currently treat 3.0 mgd of wastewater (average
annual daily flow). Upgrading the facility to meet the needs of only the
Stillwater planning area would require expanding the plant to 3.9 mgd (compared
with 4.5 mgd when the Bayport flows are included). The Stillwater plant is
well operated, but it is near its hydraulic capacity. There is enough land at
the plant site for expansion without any additional land acquisition.
-2-
Alternative 3:
This alternative consist of closing the Stillwater treatment plant and
constructing a new pump tation and force main to transport the flow to the
MYCC treatment plant in t. Paul. There are two possible options for the
Bayport facility with th's alternative. One option is to keep the plant open
and upgrade it. This wo Id lead to the difficulties discussed under
Alternative 2. The seco d option is to close the plant and convey the
wastewater flows to the tillwater force main. This would contribute to the
problems discussed below. This alternative would involve constructing 12 miles
of force main along a r~.d =ight-of-way. This would result in problems with
traffic, noise, and dust. In addition, a long force main creates increased
energy consumption, as w 11 as the potential for odor problems at the point at
which the force main dis harges into the St. Paul interceptor system. Portions
of St. Paul's interceptor system experience active bypasses; this situation
would be exacerbated by combining the Stillwater flows with the existing flows.
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.. ....LY una 70:
United States Department of the Interior
NATIONAL PARK SERVICE
ST. CROIX NATIONAL SCENIC RIVERWAY
P.O, BOX 708
ST. CROIX FALLS. WISCONSIN S4024
.- .
- .
March 6, 1990
L76(SACN)
Mr. Timothy Keegan
Project Manager, Stillwater WWTP Expansion
Metropqlitan Waste Commission
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101
Dear Mr. Keegan:
Thank you for the opportunity to review the Facility Planning document for the
Stillwater wastewater. treatment plant expansion, Report No. PD-87-01.
It is apparent that the Minnesota Pollution Control Agency has been diligent in
applying the water quality standards for outstanding resource value waters to
the St. Croix River in this proposal. The proposed closure of the Bayport
facility, and its consolidation with the Stillwater facility, should improve the
overall water quality protection program for the Riverway.
It is stated in the proposal that both the Bayport and Stillwater facilities will
reach their design capacity in 1990, but that the expansion and consolidation
will not occur until 1993. How will standards be met during this three-year
period? We would appreciate a response to this question.
A copy of this letter will be sent to Lisa Musiker of the MPCA, as requested.
Sincerely,
A~f.~
Superintendent
~1EtinWIE1ID
t.Il.~~ 0 8 1990
M.P.CA.. I"
WATER QUALITY 0.''-1
cc:
~sa Musiker, MPCA
520 Lafayette Road
St. Paul, MN 55155
~ MINNESOTA-WIS ONSIN BOUNDARY AREA COMMISSION .... ,
." 619 SECO D STREET. HUDSON. WISCONSIN 54016-1576 ' .,~~
!'
.~ Se ving Our Sponsor States on the SL Croix . ......
Minnesota Telephone and Mississippi Rivers since 1965 Wiseons,n Telephone e
16121 436-7131 (7151 38&9444
Office Hours: 8 A.M. .5 P.M. Monday.F,;d..
April' 20, 1990
Tim Keegan
Metropolitan Waste C ntrol Commission
Mears Park Center
230 East 5th Street
St. Paul, Minnesota 5101
RE:
STILLWATE WASTEWATER TREATMENT PLANT EXPANSION PLANS
Dear Mr. Keegan:
I have reviewed the
Oak Park Heights, Mi
Based upon that revi
all of the Lower St.
zoning regulations f
grading and filling
We have no objection
approval from the 10
subject to certifica
Department of Natura
lueprints for the MWCC plant expansion at
nesota, with their zoning administrator.
w I believe the plant expansion will meet
Croix National Scenic Riverway land use
r setbacks, structure height, color, and
rovisions.
to the plans, as submitted, subject to
a1 unit of government for such plans and
ion of the local action by the Minnesota
Resources.
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Thank- you for the op ortunity to participate in the review
process. Please con act us if you have further questions. In
this 20th year anniv rsary of Earth Day, we are encouraging
landowners and agenc'es along the Lower St. Croix River to
exercize good stewar ship and trusteeship in protecting and
preserving these res urces we share.
~:lY'
cGuiness
Associate Executive irector
cc:
een
1ett, NPS
k Park Heights
~~(Cm:nWIEJD)
APR 3 0 1990
M.P.CA.
WATER QUAUTY. DIV.
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RUG 16 '90 13:09
I1,.JCC CO
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A.ugust 16,lgg0
Mr. Allen E. Dye
Metropolitan Waste Control Comma
230 E. 5th st.
st. Paul, KN 55101
Oear Mr. Dye
I
I a~ writing in re9ards to the identification of the ne~t
looated on the Metropolitan Waste Control property south of .
stillwater, After.having el~ed up to the nest last week and i
measur.d it I compared the mea5urements to those reported in the
literature and ~ith the notes of other raptor biolOiist. in the:
Midwest. ,.
While a positive identification cannot be made without .
seeing the birds using it, or, finding feathers in the n..t, I ~o'
not. beleive a:t this time that the nest was made by a Red- . i :
sho~ldered hawk. That .peci.~ usualy makes nests larger th~ ~h~
15" X 7" outer rim di~t.r ot this nest. Red-shoulder ne.~ r.
otten higher up in larq.r trees than this nest, although th~s 's i
variable. The other specias that coul~ be responsible are ~.I :
cooper's Hawk, or more likely the Broad-winqed H.wk, both of I .
which nest in Washington county. . i .
I wish I could 9ive you a ~ora definite identification, b~t .
without se.in9 a bird on the nest it is not possible to be .
certain. Please feel tree to contaQt me if there are other
questions, or if you decide it is necessary to ~.D. the occupa~t~
this sprinq.: . I
S;;';/d# '
~~ Ma~~l -- .
Field lSiol091st
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
OCTOBER 19, 1990
SETTING DATE OF NOVEMBER 8, 1990 FOR CANVASS OF VOTES FOR CITY
ELECTION.
According to Minnesota Election Laws, 205.185, Subd. 3, the canvass of returns
for a municipal election shall be made within two days after the election
which would be Thursday, November 8.
Therefore, I recommend that Thursday, November 8, 4:30 P.M. be set for the
Canvass of Votes for the City Election.
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Marie Sunlitis
Court Administrator
W ASHINGTONCOUNTY
COURT ADMINISTRATION
GOVERNMENT CENTER
14900 51ST STREET NORTH, P.O. BOX 6. STILLWATER, MINNESOTA 55082-0006
6121439-3220 facsimile machine 6121779-5498
~,
Date:
October 15, 1990
To:
Municipalitiesapd Townships in Washington County
/.. /7 .
Marie sunli~is/~f"~iJlt..{.~
.:.- . .{l
Washington County -Court Administrator
From:
RE:
Proposed uniform parking fine schedule.
within Washington County there is a wide variety of fine amounts
used for parking violations. We capnot include this much
information on the fine schedule we print on the back of our
uniform citations. Each of the 32 townships and municipalities
would need to be listed separately to show the various parking
fines. Lack of this information results in numerous calls to my
office merely to inquire as to the fine amount. It would be much
more efficient for us, and more convenient for anyone receiving
parking violations if we could standardize the fines and include
that information on the violator's citation.
with that in mind, I ask that each of you consider changing your
fines for all parking violations to $25.00 :t have enclosed a
sample resolution for your convenience. The Washington County
Judges have approved and recommend adoption of the standard $25.00
fine for all parking violations.
If any of you have need for further information or would like me to
meet with you, t will be very pleased to hear from you.. If not,
would you please put the issue on your next meeting agenda for
approval and endorsement. After the resolution has been adopted,
please send me a copy.
The new citation form will be printed mid November.
appreciate receiving this resolution by November 1st.
for your help.
I would
Thank you
MSjse
Washington County does not discriminate on the basis of race, color, national origin,
sex, religion, age and handicapped status in employment or the provision of services.
RES 0 L UTI 0 N
Whereas the Washington ~ounty Court Administrator, in the interest
of providing standardi ed fines throughout Washington County, has
requested that all to nships and municipalities in Washington
County adopt a uniform fine schedule as to parking violations,
NOW THEREFORE, IT IS EREBY RESOLVED
schedule is approved a d adopted:
that the following fine
All parking iolations
Dated:
$25.00
(Signature)
(Title)
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October 15, 1990
Fvr
(..,~
Stillwater Planning Board
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Members of the Planning Board:
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My husband and I attended the meeting of the Planning Board
on October 8, 1990 and we left the meeting shaking our heads.
We would like to formally voice our opposition to the use of
the West Wing of the Junior High. When we purchased our
three plex directly across the street from the West Wing we
knew that we were going to have some traffic congestion
problems but we have taken these problems in stride. We
never thought about the day that the West Wing building
wouldn't be a school any longer but now that that is a
possibility we would like to make some suggestions as to what
could be done with such a choice piece of Stillwater property.
We feel that there are many locations to erect office space
and nursing homes and things of the such but we have limited.
locations for such things as parks. The property on which
the West Wing sits would be a beautiful location fora nice
overlook park. The view year around would be magnificent.
Many of the South Hill residents walk downtown and the
tourists walk up the Main Street stairs and stand at the top.
This would be a great place for residents and tourists alike.
It would certainly put an end to the traffic congestion in
that area except for the 4th of July fireworks which would look
spectacular from that location. However, this would only be
once a year on the ho~day.
We just wanted to formally state our position as Pine Street
residents and we strongly urge you to look at the possibilities
of that location for something really nice to happen to the
South Hill that all Stillwater residents could enjoy.
Thank you for your consideration.
Sincerely,
Linda & Greg Nelson
119 E. Pine Street
Stillwater, MN
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~ illwater
~ - ~ ~~
THE BIRTHPLACE OF MINNESOTA J
DRAFT
October 19, 1990
Dear Senator David Durenberger:
Senator Rudy Boschwitz:
Congressman Bill Frenzel:
Congressman Gerry Sikorski:
Congressman Bruce Vento:
The City of Stillwater is seriously concerned about the outcome of the
Stillwater/Houlton Bridge discussion that is currently going on in your
district and request your strong support in establishing the South Corridor
for a new Stillwater/Houlton Interstate Bridge.
e A little background: the need for a new bridge across the St. Croix River in
proxmimity to Stillwater has been under discussion for at least twenty years.
The current consideration begain about five years ago.
So far the Minnesota Department of Transporation and the Wisconsin Department
of Transporation have confirmed and established the needs for a new bridge.
An Environmental Impact Statement has been prepared evaluating the impacts of
three bridge locations, just north of Stillwater in Stillwater Township,
through historic downtown Stillwater, or south of the downtown near the NSP
and sewage treatment plants.
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The north alternative is not acceptable because it will have a disturbing
impact on the natural setting of the area and in incongruous with Township and
City of Stillwater land use policy. The Central Corridor location is not
acceptable because it would visually and environmentally destroy the historic
integrity of Downtown Stillwater, one of the few remaining towns in Minnesota
CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121
'-
with its original commerci 1 districts. If you are familiar with Stillwater,
imaginestanding in Lowell Park by the flagpole near the edge of the levee
looking out and seeing a elevated thirty foot or sixty foot high bridge
(Hudson bridge height) seeping in front of the area that is currently a
natural tree covered bank. Then imagine 30,000 vehicles crossing that bridge,
the noise of the vehicle, and the air polution produced by the cars. This is
not acceptable to the citi ens of Stillwater.
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The South Corridor is the best location for a new bridge. First, Highway 36
ends at that point on the iver. The areas commercial and residential land use
patterns have been established around the existing road system. The bridge
would pass over an area f primarily industrial, commercial or municipal
service uses. The South orridor is the reasonable location for the bridge as
supported by the citizens f Stillwater and other affected local governments.
Beside the real local issues that have been described above, the City has
concerns for the procedural issues and the role and respnsibilities of the
National Park Service and Department of Interior regarding this bridge e
decision.
It has been said this is a test case for the Federal Highway Administration
and Department of Interior in regard to new bridge crossings over nationally
designated Wild and Sceni Rivers. The decision has been elevated to these two
federal agencies in Washington making the final decision that will impact
every citizen in Stillw ter. (See attached letter.) If this is the case, we
need your support to make certain City and State interests are being
effectively communicated to the administrative departments and a satisfactory
decision that City residen s can live with is achieved.
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e To assist you in understanding the City's position in more detail, I have
attached the various position papers and resolution approved by the City, and
request a meeting with you at your convenience to go over our concerns and
answer any questions you may have.
Sincerely,
Wallace Abrahamson
Mayor
Attachments
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STATE OF MINNESOTA
COUNTY OF RAMSEY
MINNESOTA POLLUTION
CONTROL AGENCY
In the Matter of the Adoption of
the Yater Pollution Control Revolving
Fund 1991 Intended Use Plan Pursuant
to Minnesota Rules Chapter 7077
NOTICE OF PUBLIC
PARTICIPATION
PLEASE TAKE NOTICE that the Minnesota Pollution Control Agency (MPCA) will
consider the adoption of the 1991 Intended Use Plan (IUP) for the Yater
Pollution Control Revolving Fund at the regular public meeting of the MPCA at
9:30 a.m., November 27, 1990, in the Agency Board Room at 520 Lafayette Road,
St. Paul, Minnesota 55155. Interested persons are invited to comment on the
draft IUP prior to adoption.
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The Yater Pollution Control Revolving Fund, more commonly known as the
revolving loan program, provides loans to municipalities for planning, design
and construction of wastewater treatment projects. The 1991 IUP identifies the
projects proposed to receive loans from funds available during state fiscal year
1991. As required by the Clean Yater Act, each state must annually prepare and
submit to the U.S. Environmental Protection Agency an IUP as part of its
capitalization grant application under the State Revolving Fund (SRF) program.
All projects on the Municipal Needs List (MNL) are eligible for the
revolving loan program. However, a municipality seeking a loan for construction
financing must receive preliminary approval of its facilities plan before it can
be placed on the IUP. Placement on the IUP does not guarantee that a
municipality will receive a loan. The Minnesota Public Facilities Authority is
responsible for determining the specific projects and loan amounts that can be
funded within the limits and restrictions on its ability to issue bonds.
The draft IUP contains 11 projects based on the requests received as of
October 1, 1990 (see table on back). A number of other municipalities have
requested placement on the IUP but have not yet received preliminary approval of
their facilities plans. The 1991 IUP may be amended later to include additional
projects, depending on staff workload and the availability of loan funds.
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Interested persons are invited to comment on the proposed IUP prior to
adoption. Any person may submit written comments at any time up to November 21,
1990, by mailing them to Mr. Freeman at the above address. In addition, all
interested persons shall have the opportunity to present oral or written
statements to the MPCA Board at the November 27 meeting. Persons desiring to
make oral statements to the Board are asked to advise the Commissioner of such
desire as soon as possible. The Chairperson may restrict the time and manner in
which oral comments are submitted, depending on the circumstances.
2
The draft 1991 IUP has een prepared and is available for inspection ano copying ~
at the Agency offices d ring normal business hours. One free copy of the IUP ~
will also be mailed upo request by contacting:
Jeff Freeman
Municipal Wastewater Treatment Section
Water Quality Division
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, Minnesota 55155
Telephone: (612)296-7312
PRO OSED 1991 INTENDED USE PLAN PROJECTS
Project
MWCC Mpls. East Int. II
M\1CC Stillwater
M\1CC Seneca
M\1CC Blue Lake
MVCC Empire
Harmony
Pine Island
Pillager Collection
Hewitt Collection
Baxter Sewer Ext.
\1averly Sewer Ext.
Type of Assistance
Requested Loan Amount
Continuation Loan
Construction Loan
Continuation Loan
Continuation Loan
Continuation Loan
Construction Loan
Construction Loan
Construction Loan
Construction Loan
Construction Loan
Refinance Loan
$2,475,000
$12,158,000
$11,538,000
$8,994,000
$5,945,000
$1,010,000
$1,389,000
$355,000
$265,000
$1,837,000
$495,000
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CLAIM AGAINST CITY OF STILLWATER
~ ~A~UF2-L
~ NAME OF CLAIMANT <.s--::+ ft,,( ~- S ,~
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ADDRESS PO)( J 1/ ~ 6'(,,/ 2: /~ So <iT i 0'; S CCJil/'S /IJ PHONE NO. 0'< t ( .J ( ( (-.
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WHEN DID EVENT OCCUR? /0 - & .- 9 eJ ,,: So A ~
WHERE DID EVENT OCCUR? Civvj-~ ~ " ~~ ) M~.
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WHY DO YOU FEEL THAT THE CITY WAS AT FAULT?
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NAME OF PERS ON MAK I NG R EP A ~; OR G I VI NG CARE 511'c fJ '0 Ie K 't\ 'S i' g ; /.I c" .fi:
A-rJ~ 1\ LIG~ f-A ~fJT '6L <?C> ~ <OE(\J2:e. AL TI \CE l{~. '5 'f
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V SIGNATURE
(3 2/Vvt: rz- ~./W'-
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O-'/-c t- c-;/ O--'<:!.u )vO'YU;"~4<--J
STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED
j
lo - r ~ - 90
DATE
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.
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AGENDA
CITY OF OAK PARK HEIGHTS
MONDAY, OCTOBER 22, 1990
6:00 P.M.
6:00 P.M. AGENDA
I. Scott Renne, County Assessor
7:00 P.M. AGENDA
I. Call to Order
II. Visitors
III. Old Business
Dumpster Ordinance
Dahlke Request
Park Development - Planner's letter 8/23/90
IV.
Departmental Reports
Kern - Utilities
Seggelke - Parks
O'Neal - Administration
Doerr - Streets
Sommerfeldt - Police
V. New Business
Superamerican Sign Request
U S West Request
VI. .Correspondence Presented
City Auditor
Metropolitan Waste
City Planner
** Wednesday, November 7, 1990 - Canvas Election Results (Time?)
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AGENDA
CITY OF OAK PARK HEIGHTS
MONDAY, OCTOBER 22, 1990
6:00 P.M.
6:00 P.M. AGENDA
I. Scott Renne, County Assessor
7:00 P.M. AGENDA
I. Call to Order
II. Visitors
III.
Old Business
Dumpster Ordinance
Dahlke Request
Park Development - Planner's letter 8/23/90
IV.
Departmental Reports
Kern - Utilities
Seggelke - Parks
O'Neal - Administration
Doerr - Streets
Sommerfeldt - Police
V. New Business
Superamerican Sign Request
U S West Request
VI. Correspondence Presented
City Auditor
Metropolitan Waste
City Planner
** Wednesday, November 7, 1990 - Canvas Election Results (Time?)
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&
"-ORN' p~ C'<ARROLL
~~N..ll:S-''1J. OLSON
ROBER'f M. S:lU..RE
RO:F.ll:llT L. CRQS1:lY
l.EONARD M. ADDINO:rON
ROBERT R. BAB'l'H
N. WAL'l":lL:a GRAFF
e ALLEN D. BA~ARD
RICaARD A. P;lf.TERSON
RODl!;B'l' J. Cl:UllSTllNSON J1!l
rRAJlTl!: J. WAL2 ..
THOM..6.S :0. CAnLSO~
FllA.NB: VOQL
MAJ:uliIUS W; VAN PlJTTEN. JR.
JOHN A. B1;rRTON. JR.
.)'.1>.10/')3$ C. DZR,II.CLES
ROBER:r L. MP.LLER. JR.
SCOTT D. EUEa
CH..U;:LP.:!> C. Bll;!lQUI!>'J:'
G;eOHOE O. L,rocRE
E. JOSEPH I_~AVE III
OR~COny :0. SOlJU'!:
CATHY :E. GQJ'lJ:.m
FAT:RXCK :e. HE:m\:eS:S'r
TI1\1;OTHY A. Sm..UVAN
T AMN.Y L. PUST
EliI"N F. RICl!;
TRACY .]. VA}:' S-rEE1mt:'RGl'i
DAVID J. ZU:a~E .
EES"r & FLA..NAOAN
ATTO~NBYS Jo.T LAw
31500 IDS CENTElIz
Mnm~A.Pous. MINNESO'!A Gr:>4QS-SU3
TELEPUONl:: (0le) 339 -7121
T:EL:l'.:C01"lEB (e12) :33G - ~697
october 22, 1990
ROlJ~RT G. DANIELSEN
STEVJ;:N R. KRUGE:El
JJ\.ME!i; P. M]C~JJ:.LS
PAt::t. :E. KAMIN!OKI
EL1~B~Ta W.VOBAca
CHRISTOPUEli J. CHA~Vl'
CINDY J. LARSON
JOHN P. BOYLE
:Ross C. FORMELL
CaR1;S'1'OPlIER C. :FOY
CARYN SCHERJ;I GLOV:lLB.
5Al"tAn S. GODrnEY
MAny E. SnU!lEN
C-'TBERINE J. CounTNE....
R:eXTl1 J. N:eX.$EliI
OF CmTN$ ~1.
ARC:8IBAUl SPENC7.R
CJiJl.;l;lLES S. !lZI..LOWg
WARD B. L~'W1S
!h!'fJninl
LEONAR1;l W. SIMO:SZT
JAMBS 1. ll:es'J:'
lQ02'IlXlCl
RO:ElJr.BT J. FLA.N"'OAN
IBQ8 '1974
VEonon :MALONEY
lQOP'/Q81'
Oak Glen Development Company
Attention: David Johnson
1599 McKusick Road
Stillwater, MN 55082
Mr. David T. Magnuson
Attorney at Law
The Grand Garage & Gallery
324 south Main street
Stillwater, MN 55082
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Mr. Thomas S. Hay
Attorney at Law
Dorsey & Whitney
2200 First Bank Place East
Minneapolis, MN 55402
Mr. Nile L. Kriesel
City Coordinator
City of stillwater
city Hall
216 North Fourth Street
Stillwater, MN 55082
Mr. John Scott McDonald
Attorney at Law
3880 Laverne Avenue North
Lake Elmo, MN 55042
Mr. Ronald W. Langness
Senior vice President
Springsted
85 East 7th Place
Suite 100
st. Paul, MN 55101-2143
Re: Oak Glen - Forbearance by American National Bank and
Trust Company
Gentlemen:
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~nclosed please firid American N~tional Bank and Trust
Company's proposal between the City of Stillwater and oak Glen
Development Company as to the terms of a further forbearance by
American National in foreclosure of its mortgage. I am faxing a
copy of this letter to all parties addressed above. I have also
mailed hard copies of the letter to Nile Kriesel, City
coordinator, and Scott McDonald, attorney for oak Glen.
I request that Mr. Magnuson and/or Mr. Hay call me with any
questions or comments on this proposal on Tuesday, october 23.
AlSO, please advise if you would like me present when the City
Council considers this proposal.
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BEST &. FLANAGAN
October 22, 1990
Page 2
It is impera~ive that we proceed expeditiously in this
matter, as agreement by a number of parties is necessary to
implement the agreement. Again, if you have any questions,
please feel free to give me a call.
Very truly yours,
\i.B~E.~J;\ \j~;;~N:~N _-__,-'- ,_
.,01. . r-.. 1" . . .
- . "'. / ' '\
a~ . ick -.;.g"'. r en'nessy'\
PBH/sj
6325j
Enclosure
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..JOHN R. CA~ROLL
JrUdE5.' 1... OLSON
ROBERT )to SKAliE
RODerrr L, C~OSBY
LEONA:r!:O 1\1:. ADDINGTON
ROBERT R. :J'Jh.li'TII
N. WAL1'ltIl GRAFF
AJ.J.~1iI D. BARNARP
RIC}lABDA.~ETERSON
ROEl;F.R'T J. CllliI5T:tA.1iISON. JR.
FRANK J. WALZ
TaO],l"AS D. CA:aL50W
FRANK VOOL
1'1ARINU5 W. VAN P'OTTI!:N. JR.
JOH1iI A. BURTO:lll. JR.
,l~MllS C. DIRACLJ::S
ROBER1' L. MEI.I..1C:e. ,JR.
SCOTT D. ELI.Eli
CHARI.ES C. BERQUIST
GEOHOE O. LUDCK11l
F;. JOSEPH LA.FAv;e; III
G:eEOORY D. SOULE
CA:rH:~ :E. CORLIN
PAnHell: B. :B:E:m;E~5Y
TIMOTHYA.SuUUVAN
TAlIl"M"l( L. PUST
BRIAN F. RICE
TRA.CY J. VAN STEEN:l!ltlROH
DAVJ:D J. Z'GBKE
BEST & FLANAOAN
ATTonN~S AT LAw
3500 IDS Cl!:N'rEn
MINNUPO:US, MINNESOTA t5540g-2110
'tELEPHONE (eI2) 339 -712.L
'IEl.ECOPIER (612) :339-15697
ROBERT Go DAl'IIEL"'F.N
STEVl::::If R. RI.UO~R
JAMES P.1>llcHELS
PAUL E.1V.MINSItI
:EUz.A.BETH W. VOBACH
CH:ii:ISTOI"Hen J. CHA:l>UT
CINDY J. l..A.:a!;OW
JOH.;!l' P. BOYLE
RosS C. :FORXELL
CIIRI$TOli'HJ::R G. Foy
CARYN SelmaD GLOVl!:R
S..uu.l3 S. GODPR~
MARY E. SHEAREN
GATHElllNE ,J. COVli
KEI1'U J. N:E1.SJ;N
October 22,'1990
OF C01lNSIlL
ABC1'UBALD Sl-ll:NCE
C!lAliL:P.S S. BELLOW
WARn B. LEWIS
RETIIlEtI
1.],:oNAn~IXON:E,
JAMJ::S I. B1t!iT
J(K)2 . I${!"
:ROB:E,;1:T J. FLANAGAN
1i:l~i:l.1"'74
GEORO:/!; :MA,1.O:NJ;:Y
J06Q..HI$O
Mayor and city council
City Hall
216 North Fourth street
Stillwater, MN 55082
oak Glen Development Company
Attention: David Johnson
1599 McKusick Road
Stillwater, MN 55082
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Re: Oak Glen Forbearance by American National Bank and
Trust Company, as Indenture Trustee
Ladies and Gentlemen:
American National Bank and Trust Company (ftAmerican
Nationalft), as Indenture Trustee, under that certain Indenture
of Trust, dated April 15, 1987 (nIndenture"), by and between the
city of stillwater (.city.), Oak Glen Development Company
(.Company"), and American National, has given notice of its
intention to foreclose the Mort~age as a result of a default in
payments required by the terms of the Indenture, the related
Loan Agreement and Mortgage by the Company_
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The city and the company have requested that American
National forbear from proceeding with foreclosure, and to
consent to release its mortgage lien to allow sale by the
company of the residential lots which secure the Mortgage, for
releases prices (more fully described in this letter),
substantially below those prices required by the terms of the
Loan Agreement, Indenture, and Mortgage. American National is
~illing to offer further forbearance in foreclosure and
modifications of the lot release requirements of the Mortgage,
but only on the terms and conditions more fully described in
this letter, and subject to the preparation and execution of
appropriate documentation.
B~ST & FLANAGAN
~ Mayor and city Council
oak Glen Development Company
October 22, 1990
page 2
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It is imperative that the agreements proposed in this
letter be negotiated and executed expeditiously, as American
National cannot agree to further delay in foreclosure without
agreement on the material terms of this proposal by the City,
Oak Glen, and Firstar and execution of appropriate documentation
of suCh agreement. In addition, I understand that it is
imperative that the lots already sold be closed on or before
November 15 to insure that the sales price will be sufficient to
pay the taxes, assessments, and required release fees. We can
have required documents prepared within 24 hours of agreement on
terms of the forbearance agreement and agreement with the City.
American National must preserve its right to proceed with
foreclosure in accordance with previously-given notices at any
time after October 27, 1990 if negotiation of the foregoing
agreements has not been completed by such date.
With respect to the city, our proposal is fairly straight-
forward. We propose that the city and American National execute
an amendment to the agreement previously executed by such
parties on or about June 21, 1990 (for your reference, a copy of
that agreement is enclosed). The agreement would be amended
with the following material changes:
I. The agreement would acknowledge completion of the sale
to Bruggeman Construction (-Bruggeman-). The reference to a
sale to O.S. Home corporation would be deleted, and substituted
therefor, would be the sale and closing of at least 40 lots,
after October 19, 1990 and on or before December 1, 1990, at a
price sufficient to pay all real estate taxes then payable, and
all assessments against such lots, whether or not then due.
2. Paragraph 2 of the agreement would be amended by
changing from October 5, 1990 to December 1, 1990, as the
deadline by whiCh the city will advance to American National an
amount equal to the real estate taxes and any special
assessments on the golf course. paragraph 2 would be amended by
increaSing the maximum amount of the loan to $270,000, which
reflects the increased payoff on the taxes due to additional
penalties and interest since the summer. Paragraph 2 would also
be amended to delete the provision regarding deduction of the
proceeds of the Bruggeman sale from the maximum loan amount, as
these proceeds are already committed and needed to pay the
interest installment due on the bonds on January 1, 1991.
3. paragraph 3 of the agreement would be amended to
acknowledge that the Bruggeman sale has been closed, and by
. ..
BEST & FLANAGAN
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Mayor and City Council
Oak Glen Development Company
October 22, 1990
page 3
substituting, for the U.S. Horne sale, a provision requiring the
sale and closing of at least 40 lota after October 19, 1990, and
before December 1, 1990, to any buyer at a price sufficient to
pay all taxes then owing and all assessments on such lot whether
or not then due.
4. paragraphs 4, 5, 6, and 8 through 12 would be
unchanged from the prior agreement. At the city's option,
paragraph 7 of the existing agreement would either be deleted in
its entirety or, alternatively, could be left unchanged.
Additional consideration by American National for the
City's agreement to enter into these amendments will be American
National's agreement to enter into a new forbearance agreement
with Oak Glen. The material terms of this amended forbearance
agreement would be as fo110ws:
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1. The city would agree to enter into the amendment
described above.
2. Subject to the terms and conditions of the new
forbearance agreement, American National would agree to forbear
from foreclosure through May 1, 1991. American National would
also agree, subject to the conditions of the forbearance
agreement, to release its mortgage against any and all of the
residential lots, as such lots are sold and closed, for a
release fee equal to two-thirds of the net proceeds of sale.
Net proceeds of sale would be calculated by deducting from the
gross sale price an amount equal to the taxes and assessments on
the lot, reasonable closing fees, and the release price on the
underlying contract payable to the Amundsons. (The other
one-third of net proceeds would be available as a release price
for Firstar). A minimum release fee would be $1,000 per lot.
In addition, Mr. Johnson will identify, at the time the
forbearance agreement is executed, a list of .premium. lots.
Minimum sales prices will be established for each of these
premium lots. American National will consent to any sale of
these .premiumw lots at or above the established minimum price,
and upon payment of the release price calCUlated in accordance
with the above formula.
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3. Oak Glen will sign and deliver, with the forbearance
agreement, an assignment of rents for each of the outlots which
comprise part of the golf courses.
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. .,
BEST & FLANAGA.N
Mayor and City Council
Oak Glen Development Company
October 22, 1990
Page 4
4. Oak Glen shall obtain and deliver to American National
the agreement of Firstar to release any and all lots in the Oak
Glen development, in return for a release fee of one-third of
the net proceeds of such lots, calculated under the same formula
as described above, or such other more favorable terms to Oak
Glen as oak Glen may negotiate.
5. Oak Glen will deliver a payment, upon execution of the
forbearance agreement, to American National in the amount of
$25,000. Oak Glen will agree to make further payments from and
after the date of execution of the forbearance agreement and
until May 1, 1991, sufficient to maintain a balance in the bond
fund, after payment of interest installments as they come due,
at all times equal to the amount of $50,000 plus, on January 1,
1991, and on the first day of each month thereafter, an
additional cumulative monthly amount equal to 20% of the
interest payment coming due on July 1, 1991.
6. On or before December 1, 1990, oak Glen will sell and
close the sale of 40 or more lots at prices sufficient to pay
the taxes and assessments or, for .prerniumw lots, the prices
specified in the agreed price list, and to pay American National
the release fees required by the agreement.
Attached to this proposal you will find a break down of
taxes, penalties, and interest owing on the golf course outlots
as of October, 1990. I would be glad to answer any questions
you have with respect to this proposal, or provide any
additional information.
Very truly yours,
/.,aE:ST~. ~~~~~A
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~tiick B. Hennessy
Attorney for American National
Bank and Trust company
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PBH/sj/6319j
Enclosure
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MEMORANDUM
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TO:
PBH
FROM:
CCF
DATE:
October 18, 1990
RE:
Oak Glen Golf Course Taxes
The following table contains a breakdown of the real
estate taxes and penalties owing on the Oak Glen golf course
property through October 31, 1990. Additional penalties will
accrue after October 31.
Tax & Penalty Tax & Penalty
Lot PID # for 1990 for 1987-1989 Total
Outlot G 10600-2150 $64,569.79 $145,677.24 $210,247.03
Outlot H 10600-2175 11,441.61 20,653.46 32,095.07
Outlot K 10600-2250 2,893.33 4,729,77 7,623.00
Outlot L 10600-2275 5,099.52 11,199.46 16,298.98
Outlot J 10600-2225 ~ 21.10 ~ 60.86* $ 81. 96
TOTALS $84,025.25 $182,320.79 $266,346.04
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*Taxes & Penalty for 1988-1989 only - 1987 apparently paid
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AGREEMENT
THIS AGREEMENT is made and entered into this day of
June, 1990, by and between the City of Stillwater, Minnesota, a
municipal corpora~ion organized under the laws of the state of
Minnesota (the "city"), and American National Bank and Trust
Company ("American National"), as indenture trustee under that
certain Indenture of Trust, dated April 15, 1987 (the
"Indenture"), with respect to $3,500,000 Commercial Development
Revenue Refunding Bonds, Series 1987 (Oak Glen Development
Company Project) (the "Bonds").
WHEREAS, Oak Glen Development Company, a limited partnership
e ("Oak Glen"), as borrower, is in default with respect to that
certain Loan Agreement, dated April 15, 1987 (the "Loan
Agreement"), by and between the City and Oak Glen and assigned by
the City to American National pursuant to the Indenture, and
. further is in default with respect to that certain Mortgage and
Security Agreement between Oak Glen and American National, dated
April 15, 1987, securing the performance by Oak Glen of its
obligations under the Loan Agreement (the "Mortgage"); and
WHEREAS, American National is entitled to proceed
immediately with foreclosure of the Mortgage and the City desires
American National to forbear from doing SOj and
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WHEREAS, Oak Glen has requested American National to forbear
from foreclosure and to consent to sale by Oak Glen of certain
lots to Bruggeman Construction Company, Inc. ("Bruggeman") and
certain lots to u.S. Home Corporation, ("U..S. Homen), and has
requested American National to release said lots upon said sales
from the Mortgage 1ien7 and
WHEREAS, the sale of said lots to Bruggeman or to U.S. Home
will substantially benefit the City by payment of substantial
amounts of real estate taxes in arrears on said lots and by
payment of substantial amounts of special assessments assessed
against such lots; and
WHEREAS, American National is willing to agree to such
forbearance and to consent to the sale of such lots upon receipt
of assurance from the City that all real estate taxes and special
assessments in arrears or payable in 1990, owing on Outlots G, H,
L, and K, Oak Glen, Washington County, Minnesota, be paid (the
Oak Glen 18-hole and 9-hole executive golf courses and
improvements related thereto are located upon such lots); and
WHEREAS, the City Council of the City, by resolution adopted
on June 5, 1990, has authorized the City's Mayor and City
Administrator to enter into this Agreement as an inducement to
American Nationai to enter into that certain Forbearance
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.. ... I .. l1li I .. ~ II ..",
II"'. ...
I I III III
Agreement and Agreement to release lots, with Oak Glen, a copy of
which Forbearance Agreement ia attached hereto as Exhibit A (the
"Forbearance Agreement").
NOW, THEREFORE, in consideration of the covenants and
promises more fully set forth herein, the parties hereto agree as
follows:
1. American National agrees to enter into the Forbearance
Agreement with Oak Glen and to perform such agreement in
accordance with, and subject to, the terms and conditions
thereof.
2. The City agrees that on or before October 5, 1990, it
will advance to American National, on the terms and conditions
more fully set forth herein, a loan in an amount equal to all
real estate taxes and installments of special assessments, if
any, payable in calendar year 1990 and all previous years, and
then unpaid, on Outlots G, H, K, and L, Oak Glen (the
"Property"), but not to exceed the amount of $260,000, and less
any amount received by American National from the Bruggeman sale
or the U.S. Home sale (as those terms are defined in the
Forbearance Agreement).
3. The obligation of the City to make the loan described
in paragraph 2 hereof shall be conditioned upon the closing, on
or before October 5, 1990, of both the Bruggeman sale and the
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u.s. Home sale on substantially the terms set forth in the
Purchase Agreements attached to the Forbearance Agreement, or
with any modifications agreed to by the City; or upon the sale of
the lots covered by those Purchase Agreements to any third party
by Oak Glen.
4. The loan provided for by this Agreement shall bear
interest at the rate of 8.00% per annum, and shall be repayable
as to both principal and interest by American National to the
City solely from amounts received or recovered by American
National from Oak Glen or from proceeds of the Property or other
collateral provided by the Mortgage and Security Agreement.
Repayment of this loan shall also be subordinate to payment of
all amounts owing to American National under the terms of the
Loan Agreement, Mortgage and Security Agreement, and related
documents, such amounts to include all principal and interest,
and costs provided for in such documents, including, but not
limited to, costs of collection, foreclosure, and operation and
maintenance of the Property after foreclosure, and costs of sale
of the Property, and including all payments of principal and
interest on the Bonds.
5. A default by Oak Glen under the terms of the
Forbearance Agreement, and exercise by American National of its
rights upon such default, shall not operate to release the City
- 4 -
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of its obligations under this Agreement, or impair American
Nationalts rights hereunder, provided, however, that the
conditions of paragraph 3 shall continue to apply.
6. American National agrees that should it foreclose upon
all or part of the Property and become the fee owner of such
Property, upon expiration of all rights of redemption it will
cooperate with the City and sell the Property to the extent it is
in the best interests of the bondholders and the bondholders
agree to defend and indemnify American National for any Claim,
loss or costs resulting from the sale.
7. It is understood by the parties that Oak Glen has
4It requested the City and the City has agreed to issue a new series
of commercial development refunding bonds, the proceeds of which
will be used, at least in part, to pay the obligations owing to
American National under the Loan Agreement and Mortgage. Should
such refunding be accomplished and American National receive
payment sufficient to pay all amounts owed and to redeem the
existing bonds, the obligations of the City under this Agreement
shall terminate, and any monies received by American National
which are not needed to satisfy the amounts owing to American
National as described in paragraph 4 above, such monies shall be
used to repay any loan made by the City to American National
under the terms of this ~greement.
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8. All notices and other communications required hereunder
shall be in writing and shall'be sufficiently given and shall be
deemed given when mailed by first class mail, postage prepaid
with proper addresses indicated below. All such notices shall be
addressed as follows:
To the City: City of Stillwater, 216 North Fourth
Street, Stillwater, Minnesota 55082, Attention: City
Administrator.
To American National: American National Bank and Trust
Company, Fifth and Minnesota Streets, St. Paul, Minnesota
55101, Attention: Thomas Korsman, Corporate Trust
Department.
9. This Agreement shall inure to the benefit of and shall
be binding upon the City and American National and their
respective successors and assigns.
10. In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
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11. Except as otherwise provided in this Agreement, this
Agreement may not be amended, 'changed, modified, altered, or
terminated without the express written consent of American
National.
12. The obligations of the City in this Agreement shall be
payable from general credit, general funds, or taxing powers of
the City, and shall be enforceable in an action for specific
performance.
IN WITNESS WHEREOF, the City and American National have
caused this Agreement to be executed by their duly authorized
officers.
CITY OJ STILLWATER
By ~!dl~ , IrA/r1t/y(1~
Wally rahamson, Mayor
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By Iw'... ~'\: . L.: ,_ L (<- ( (. c ~.-1"L,.1
Mary Lou Johnson,/ ity Clerk
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(SEAL)
AMERICAN NATIONAL BANK AND TRUST
COMPANY, ap Indenture Trustee
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FORBEARANCE AGREEMENT AND AGREEMENT TO RELEASE
THE MORTGAGE ON CERTAIN LOTS
This Agreement is entered into by and between Oak Glen
Development Company, a Minnesota limited partnership
(hereinafter ~OaR Glen"), and Ameridan National Bank & Trust
Company (hereinafter "American National"), as Indenture
Trustee. Oak Glen has requested American National to forbear
from foreclosure of that certain Mortgage and Security Agreement
between Oak Glen and American National, dated April 15, 1981,
and filed for record on May 22, 1987, as Document No. 82094, in
the Office of the County Recorder of Washington County,
Minnesota (the "Mortgage"), and has further requested American
National to release said Mortgage lien on certain portions of
the property described in such Mortgage, and more fully
described on Exhibit A hereto.
As an inducement to American National for such forbearance
agreement and agreement to release, and for other good and
valuable consideration more fully set forth herein, the parties
hereto hereby agree as follows:
1. Oak Glen agrees that it is in default on its
Obligation to make payments of interest and principal to
American National on the Mortgage, and that it has received all
required notices of default from American National in accordance
tit with the Mortgage.
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2. Oak Glen agrees that, as of May 31, 1990, the
outstanding amount due on the indebtedness secured by such
mortgage was $3,000,000 principal and that interest is due and
payable semiannually, the next payment of $107,500 is due and
payable on July 1, 1990. Oak Glen further acknowledges and
agrees that it is obligated to pay costs, expenses, and
attorney'S fees incurred by American National in connection with
the defaults by Oak Glen under the terms Of the Mortgage.
3. Oak Glen agrees that a waiver by American National of
the certification condition of Section 3-5 of the Mortgage,
which requires Oak Glen to certify nonexistence of an event of
default to secure a release of any lot, shall not operate .to
waive any other provision of, and shall not operate to impair
any rights of American National, the City of Stillwater, or any
bond holder under, the Mortgage or the Indenture, or the
Guaranty agreement between O. Walter Johnson, David S. Johnson,
John W. ArkelI, Kenneth E. Carter, and American National, all
dated April 15, 1987.
4. Oak Glen agrees that a release by American National of
the Mortgage lien On any part of the mortgaged property, in
accordance with Oak Glen's request, shall not operate to waive
the notice of default already provided to Oak Glen and other
parties, as required by the Mortgage.
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5. Oak Glen hereby agrees that the principal, interest,
and costs owing on the Mortgage are fully due and payable,
without defense, setoff, or counterclaim by Oak Glen, and Oak
Glen hereby waives, releases, and discharges American National,
as Indenture Trustee, and the Holders of such Bonds, and their
officers, directors, employees, agents, and assigns from any and
all actions, causes of actions, claims, liability, and demands,
in law and in equity, however originating, arising, or existing
to the date hereof, arising out of or in any way relating to
transactions described herein, including actions with respect to
enforcement of the Mortgage, except any claim or action to
enforce the terms of this Agreement; and
.~
6. American National agrees to forbear from commencing
foreclosure through July 31, 1990, provided, however, that
should Oak Glen, or with respect to subparagraph (e), the City
of Stillwater, fail to meet any of the requirements of this
paragraph on or before the date provided herein, Oak Glen agrees
that American N~tional may immediately proceed with commencement
of foreclosure or such other remedies as are provided by the
term of the Mortgage and applicable law.
(a) Oak Glen will sign and deliver to American
National purchase agreements with Bruggeman Construction
Company, Inc. ("Bru9gem~n") and with U.S. Home Corporation
("U.S. Home") in substantially the form of those agreements
previously provided upon execution and delivery of this
Agreement.
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(b) On or before June 29, 1990, Oak Glen will obtain
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and provide to American National the written agreement from
all mortgagees holding mortgages either junior or senior to
that of American National consenting to the Bruggeman and
U.S. Homes ~ales and agreeing to release their respective
mortgages on suCh properties on or before the closing of
such sales.
(c) Oak Glen represents to American National that on
June 5, 1990, the City Council for the City of Stillwater
authorized the City staff, or such other parties as are
appropriate, to proceed with a refunding by issuance of
bonds in an amount sufficient to pay in full the bonds for
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which American National serves as indenture trustee as
described herein,
(d) On or before July 6, 1990, Oak Glen will have
closed the sale to Bruggeman and paid the net proceeds,. in
an amount not less than $40,OOO.OO~ to American National. .
" I.....<;t:. ",,-,/y -1.Ni"0(~'1 !(~jlh""'/ f" t!"1'_"5.t.~.
1"'7~C"I:;.,..5t' 1/../1' /;, &,,'I!, /'1/'1>/-1/..:$........ ~ 'A
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(e) The City of Stillwater shall, on or before ~ ~
June 19, 1990, execute an agreement with American National ;:~~.
confirming the City's agreement to advance payment for the
delinquent golf course taxes to American National no later
than October 5, 1990. This agreement shall be on terms and
conditions acceptable to the City and to American National.
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Provided that Oak Glen is not then in default under this
Agreement, American National Will release its Mortgage Lien at
the respective closings on the lots included in the sale to u.s.
Homes and in the sale to Bruggeman. The lots referenced herein
are those described in the Purchase Agreement with U.S. Homes
executed by U.S. Homes on January 31t 1990, and the lots
described in the Standard Purchase Agreement with Bruggeman, a
copy of which was delivered by Oak Glen to Best & Flanagan on
May 16t 1990. This release will be provided with respect to the
lots involved in either or both of the sales upon closing and
payment of all proceeds, after closing costs, real estate taxes,
and special assessmentst and a release fee to the contract
holder Amundson. This agreement to release shall be limited
only to such lots as are actually sold to U.S. Homes and
Bruggeman in accordance with the foregoing agreements.
American National further agrees to continue to consider
and release individual lots for so long as foreclosure has not
been commenced, and conditioned upon receipt of the net proceeds
of such sales after taxes, assessments, closing costs, and the
release price to the underlying contract holder, Amundson,
provided that American National reserves the right to reject
approval of any sale for insufficiency of consideration.
7. Conditioned upon completion by Oak Glen of the
requirements of paragraph 6, and provided that, on or before
4It August 1t 1990, the following conditions are met, Ame~ican
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National will agree to further forbear from commencement of
~ foreclosure until September l?, 1990.
(a) The City Council for the City of Stillwater will
have given final approval to all agreements necessary to
complete a refunding sufficient to pay in full the bonds
for which American National serves as indenture trustee,
and Shall have authorized all actions necessary to be taken
by the City to complete such refunding, such refunding to
close by September 15, 1990.
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(b) The buyer of the bonds shall have been identified
and shall have executed a binding, noncontingent commitment
to purchase the bonds for such refunding.
(c) Oak Glen shall have executed a binding commitment
Or letter of intent, and shall have obtained all required
partnership consents, to execute all agreements, notes,
mortgages, and other documents necessary to close such
refunding transactions.
(d) All junior and/or senior mortgagees or other lien
holders shall have executed binding commitments consenting
to the refunding, and agreeing to perform all acts required
by the City, the buyer of the bonds, and Oak Glen (such
requirements to be set out in the respective commitments or
e authorization to complete the refunding by such entities)
and necessary to complete such refunding.
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As an alternative to the foregoing requirements of this
paragraph 7, American National will consent to forbear from
foreclosure until on or after September 15, 1990 upon Oak Glen's
binding agreement, on or before July 15, 1990, to consent to
immediate entry of an order for an appointment Of a receiver for
the property subject to American National's mortgage, the terms
of such receivership to be satisfactory to the trustee, and such
receiver shall have been appointed on or before July 31, 1990.
8. Oak Glen hereby warrants, represents, and acknowledges
that this Agreement, together with any documents necessary for
its implementation, has been freely executed by it, through its
managing partner, and that it has had adequate opportunity to
review the same with legal counsel and any other advisors as it
may have desired. The contents of this Agreement are understood
by Oak Glen, which further acknowledges that it was not induced
to enter this Agreement by any promises, guarantees, or
representations by American National not included herein.
9. It is expressly agreed that there have been no verbal
understandings or agreements regarding forbearance or release by
American National which would in any way change the terms,
covenants or conditions with respect to forbearance or release
of the lots as herein set forth, and that no modification of
this Agreement and no waiver of its terms and conditions shall
be effective unless such waiver is in writing and duly executed
by the parties hereto. This Agreement supplements, and does not
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supersede the terms of the Mortgage and Security Agreement, the
Loan Agreement, Indenture, Or. any Guaranty agreement with
respect to same.
Da ted: ;;TU.IlI ~ ~ J
Da ted : CfU..vf:. )}
Dated: r:i~,t{- ..l ).
5 5 0 <) j
I 1990
, 1990
, 1990
By
~
Guarantor
'0 ...
AMERICAN NATIONAL BANK & TRUST
COMPANY, as Indenture Trustee
( .-~
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