HomeMy WebLinkAbout1989-10-17 CC Packet
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AGENDA
STILLWATER CITY COUNCIL
October 17, 1989
Regular Meeting
7:00 P.M.
CALL TO ORDER
INVOCATION
ROLL CALL
~APPROVAL OF MINUTES - Special Meeting - September 26, 1989.
Special Meeting - September 27, 1989.
Regular & Recessed Meetings - October 3, 1989
INDIVIDUALS, DELEGATIONS & COMMENDATIONS
;11. Commendation of Maurice Stenerson (Resolution No.
~ Joan Daniels, Historical Museum on No. Main St. -
messy sidewalk, stone wall and cave.
v)3.
8168) .
Concerns regarding the
Joan Travers - Request for dates for 1990 Stillwater Art Fairs in Lowell
Park.
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v'STAr{j-REPORTS V~ r~~ ~,(J'
/ PUBLIC HEARINGS
, 1. This is the day and time for the public hearing to consider a Special Use
Permit for an addition to Lily Lake Elementary School with a Variance to
corner sideyard setback requirements (thirty ft. required, nineteen ft.,
six in. provided), Ind. Sch. Dist. #834, Applicant. Case No. SUP/V/89-70.
Notice of the hearing was published in the Stillwater Gazette on Oct.
11, 1989 and sent to the affected property owners.
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3.
This is the day and time for the public hearing to make a determination of
visual conspicuousness (as viewed from the St. Croix River) of an
addition/alternation of an existing single family residence located at 120
Lakeside Drive in the Riverway Bluffland/Shoreland Dist., Alan Rousseau,
Applicant.
Notice of the hearing was published in the Stillwater Gazette on
October 6, 1989 and sent to the affected property owners.
This is the day and time for the public hearing to consider the making of
an improvement for Cottages of Stillwater, Phase III in an area bounded by
Washington Co. Rd. 5 on the west, W. Orleans St. on the south, Cottage Dr.
on the east and extending northerly to include Lot 1, Block 2, Cottages of
Stillwater and consisting of a temporary lift station, sanitary sewer and
appurtenances. (L.I. 256)
Notice of the hearing was published in the Stillwater Gazette on Oct.
~ 6 & 13, 1989 and sent to affected property owners.
4. This is the day and time for the public hearing and possible second
reading of a Zoning Ordinance Text Amendment for the life of Special Use
Permits and Variances, City of Stillwater~ Applicant. Case No. ZAT/89-6.
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Notice of the hea ing was published in the Stillwater Gazette on
October 6, 1989.
~FINISHED BUSINESS
1. Possible second readin of an Ordinance to amend open burning
restrictions.
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2. Possible second readin of an Ordinance relating to a new Parks Dedication
Policy. (Case No. ZAT 89-7).
(/'3.
Possible second readin of Ordinance amending the Zoning Map to rezone
Lots 4 & 5 (currently esignated 6 & 7) of Dallager's Estates from RB, Two
Family Residential to A, Single Family Residential. (Case No.
ZAM/89-43).
/4.
Report & recommendatio on purchase of Lind property at corner of Mulberry
& Second Streets.
~ NEW BUSINESS
~1. Application for reduction in assessed valuation for Parcel #10200-2450,
Kern/Pauley Addition ( acquetball Club).
~ETITIONS, INDIVIDUALS & D LEGATIONS (Continued)
;fONSENT AGENDA
vi I. Resolution Directing P yment of Bills (Resolution No. 8182)
2. Applications (List to e supplied at Meeting).
3. Set Public Hearing Dat
Cases:
a. Case No. SUP/89-68
business in a home
Family Residential
Applicants.
b. Case No. SUB/89-69
a 14.963 acre parc
into seven lots on
Washington Ave. in
Inc., Applicant.
c. Case No. ZAT/89-8
Parking Ordinance
~ Stillwater, Applic
COUNCIL REQUEST ITEMS
STAFF REPORTS (Continued)
of November 7, 1989 for the following Planning
- Special Use Permit to conduct a retail craft
at 404 W. Churchill St., located in the RB, Two
Dist., Cheryl Larson & Gretchen Anderson,
- Preliminary Plat Approval for the subdivision of
1 (Outlot B, Parcel 3, Stillwater Industrial Park)
the Northeast corner of Curve Crest Blvd. and
the IP-I, Indus. Pk. Indus. Dist., Prime Site,
Zoning Text Amendment for a new comprehensive
or the entire City of Stillwater, City of
nt.
COMMUNICATIONS/REQUESTS
1. Memo regarding Increme tal Tipping Fees from Ramsey/Washington Co.
Resource Recovery Proj ct.
2. Zack Hansen, Environme tal Health Supervisor - Recycling Bonus Funds.
3. Deede Smith, Community Access Corp., Inc. - Certificate of Appreciation.
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4. Wayne Wohlers, Park & Rec. Board, regarding wedding ceremony at Legion
Beach.
4Ia 5. Emmett Davis regarding gun permits.
6. R.H. Stafford, Auditor-Treasurer - Final information on truth in Taxation
for 1990. '
QUESTIONS/COMMENTS FROM NEWS MEDIA
ADJOURNMENT
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SPECIAL MEETING
STILLWATER CITY COUNCIL
MINUTES
September 26, 1989
7:00 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Farrell, Kimble, Opheim and Mayor Abrahamson.
Absent:
Councilmember Bodlovick
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Consulting Engineer Moore
City Clerk Johnson
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, St.Croix Valley Press
Mr./Mrs. Leonard Feeley, Richard Ernst, Jr., Bob Brackey,
Glen Rose, Jim Blichfeldt, Al Ranum.
Others:
ASSESSMENT HEARINGS
1. This is the day and time for the Assessment Hearing on L.I. 240, East
Industrial Park Drainage Area, bounded by Minnesota Trunk Highway 36 on
the south, Northwestern Ave. on the west, W. Orleans and the extension
thereof on the north and by a line 250 ft. east of Greeley St. on the
east.
Notice of the hearing was published in the Stillwater Gazette on
September 8, 1989 and mailed to affected property owners.
Consulting Engineer Moore opened the hearing by explaining the drainage
improvements constructed along the frontage road between Greeley St. and
Industrial Blvd. The project was scaled down to $54,988.44 from the
original cost of $273,000. It was proposed to give 3M Co. credit for the
portion of the project they installed, namely, the sewer in the ditch
area, but they were never able to make contact with the 3M engineer.
Therefore, $1,016 was applied to their share of the assessment.
Richard Ernst, representing the Parlay Group, asked why they were being
assessed. Mr. Moore answered that they are contributing to the drainage
with their development across Greeley St.
Leonard Feeley, owner of property in the Industrial Park, asked if the
holding pond would be enlarged. Mr. Moore stated improvements have not
been made yet to the pond, but if UFE, Inc. and other properties develop,
then the basin would be constructed.
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Stillwater City Council Mi utes
September 26, 1989
Special Meeting
Mrs. Feeley asked who ould be assessed for the holding pond when it goes
in. Mr. Moore stated hey don1t anticipate any assessments, but that UFE,
Inc. would take care 0 the pond as they develop.
Mr. Feeley said they h ve been assessed before for storm water and sewer
and now they are being assessed again. Mr. Moore answered that this is an
area-wide improvement nd everyone in the district benefits from it.
Mr. Moore added that t e original project included discussion with Bay town
Township, Oak Park Hei hts and Mn/DOT. They felt they had adequate
drainage and the new d velopments were to blame for needed improvements.
Mayor Abrahamson close the hearing.
Motion by Councilmember Ki ble, seconded by Councilmember Opheim to adopt
the appropriate resolution adopting the assessment roll for L.I. 240, the East
Industrial Park Drainage A ea, at the interest rate of 8 per cent per annum.
(Resolution No. 8165)
Ayes - Councilmembers Farr 11, Kimble, Opheim and Mayor Abrahamson.
Nays - None
2.
This is the day and ti
the Forest Hills/Greel
between Co. Rd. 66 on
south of the south lin
Addition and a westerl
Notice of the hea
September 8, 1989 and
Mr. Moore explained th
Drive, which include s
in the area at a total
the assessments for th
assessment roll, on a
e for the Assessment Hearing on L.I. 251, known as
y Project, located north of Trunk Highway 36
he west, the City of Oak Park Heights on the east,
of the Plat of Second Bergens Forest Hills
extension of the south line to Co. Rd. 66.
ing was published in the Stillwater Gazette on
ailed to affected property owners.
improvements constructed for 61st St. and Tuenge
nitary sewer, watermain, streets and storm drainage
cost of $1,129,358.49. Mr. Moore also explained
Parlay Group, which is included as part of the
eparate basis as the Forest Ridge area.
It was noted that lett rs were received objecting to their portion of the
assessments from Mexic li Co. and RGT Investments.
Glen Rose stated he ob"ected to the Rose Floral property, which is high,
being used for ponding He also noted there is a conflict in the amount
of acreage for which h was assessed and his assessment should be a higher
figure. City Attorney Magnuson stated that Community Development Director
Russell will discuss p rk land in that area with Mr. Rose.
Bob Brackey, owner of roperty next to Kangaroo Storage questioned why
there are overruns in he cost of the improvements. Mr. Moore stated they
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Stillwater City Council Minutes
September 26, 1989
Special Meeting
ran into some extra grading expenses and additional landscaping costs.
Further discussion involved when the improvement will be completed. Mr.
Brackey asked if there would be more expenses, and Mr. Moore replied these
costs are included.
Mr. Ernst stated he would like to see the costs for his project itemized
before the assessment is adopted. This is included in his Development
Agreement. He also stated he has no problem in paying the assessments,
but would like to see the costs broken down. City Attorney Magnuson and
Mr. Moore answered Mr. Ernst's questions. Council discussion followed and
included Mr. Ernst's right to review the costs for the Forest Ridge
project, but that the assessment roll should be adopted tonight. Mayor
Abrahamson closed the public hearing.
Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt
the appropriate resolution adopting the assessment roll for L.I. 251, Forest
Hills/Greeley St. Project, at the interest rate of 8 per cent per annum.
(Resolution No. 8166)
Ayes - Councilmembers Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
3. This is the day and time for the Assessment Hearing on L.I. 255, known as
the Plat of Sunset Ridge Estates.
Notice of the hearing was published in the Stillwater Gazette on
September 8, 1989 and mailed to affected property owners.
Mr. Moore explained the improvements made for this new plat, consisting of
sanitary sewer, water, storm sewer and streets. The area lies adjacent to
Stillwater Township and was annexed recently. The final project cost is
$169,329.14 for 19 lots which was less than the estimate. Jim Blichfeldt,
the developer of the project was present. Mayor Abrahamson closed the
public hearing.
Motion by Councilmember Farrell, seconded by Councilmember Opheim to adopt
the appropriate resolution adopting the assessment roll for L.I. 255, Sunset
Ridge Estates, at the interest rate of 8 percent per annum. (Resolution No.
8167)
Ayes - Councilmembers Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
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Stillwater City Council Mi utes
September 26, 1989
Special Meeting
APPOINTMENTS TO COMMITTEES
1. Park & Recreation Boar
Motion by Councilmember Op
David G. Junker to the Par and
has resigned. (All in fav r).
2. Port Authority
Motion by Councilmember Ki ble, seconded by Councilmember Farrell to appoint
James Schultz to the Port uthority, replacing Carol Paukert, who has
resigned. (All in favor).
seconded by Councilmember Kimble to appoint
Recreation Board, replacing John Benson, who
3. Resignation of Maurice Stenerson
It was noted that a e ter has een received from Maurice Stenerson
announcing his resigna ion from the Heritage Preservation Commission and
Downtown Plan Action C mmittee.
Motion by Councilmember Fa rell, seconded by Councilmember Kimble to adopt
the appropriate resolution commending Maurice Stenerson for his years of
service and expertise on t e Heritage Preservation Committee and Downtown Plan
Action Committee. (Resolu ion No. 8168)
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Ayes - Councilmembers Farr 11, Kimble, Opheim and Mayor Abrahamson. e
Nays - None
COTTAGES OF STILLWATER, PH SE III - SANITARY SEWER & TEMPORARY LIFT STATION
Consulting Engineer Mo re presented the past background on the request for
sanitary sewer service and temporary lift station. The permanent location
of the lift station wi 1 be on County Road 5. Discussion followed which
included the developme t of the Benson property and other undeveloped
parcels, how to assess for a temporary lift station, and credit for
salvaging the temporar equipment. The approximate cost is $115,000.
Motion by Councilmember Op eim, seconded by Councilmember Kimble to adopt
the appropriate resolution accepting the feasibility report and setting the
public hearing for October 17, 1989 for L.I. 256, Cottages of Stillwater,
Phase III, Sanitary Sewer ervice. (Resolution No. 8169)
Ayes - Councilmembers Farr 11, Kimble, Opheim and Mayor Abrahamson.
Nays - None
COUNCIL TELEPHONE POLLS
Motion by Councilmember Ki ble, seconded by Councilmember Farrell to ratify
the following telephone po ls: (All in favor).
Sept. 8 - allowing the Fire Dept. to take a truck to Burnsville community
event on Sept. 9;
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Stillwater City Council Minutes
September 26, 1989
Special Meeting
Sept. 15 - Permit to Consume for St. Mary's Wild Rice Festival on Sept.
17, 1989;
Sept. 18 - Permit to Consume for Staples Mills picnic at Pioneer Park on
Sept. 19, 1989.
Specs for Public Works Loader
Discussion followed regarding making a change in the specifications for
the Public Works loader which was recently advertised for bids.
Motion by Councilmember Farrell, seconded by Councilmember Kimble to retain
the specs for the Public Works loader as originally presented. (All in
favor).
ADJOURNMENT
Motion by Councilmember Farrell, seconded by Councilmember Kimble to adjourn
the meeting at 9:00 P.M. (All in favor).
Resolutions:
No. 8165 - Adopting Assessment Roll for L.I. 240, East Indus. Pk. Drainage
Area.
No. 8166 - Adopting Assessment Roll for L.I. 251, Forest Hills/Greeley St.
Project.
No. 8167 - Adopting Assessment Roll for L.I. 255, Sunset Ridge Estates.
No. 8168 - Commending Maurice Stenerson for service on Heritage Preservation
Commission & Downtown Plan Action Committee.
No. 8169 - Accept Feasibility Report & Set Public Hearing for L.I. 256,
Cottages of Stillwater, Phase III Temporary Lift Station.
MAYOR
ATTEST:
CITY CLERK
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SPECIAL MEETING
STILLWATER CITY COUNCIL
MINUTES
September 27, 1989
7:00 p.m.
The meeting was called to order by Mayor Abrahamson.
Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim
and Mayor Abrahamson.
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
Recording Secretary Schaubach
Press: Julie Kink, st. Croix Valley Press
Others: Dick Herold, Washington County Project Engineer
ASSESSMENT HEARING
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1. This is the day and time for the Assessment Hearing on L.I.
250, known as the Industrial Park Drainage Area, west of
Washington Ave., described as Block Two, Stillwater
Industrial Park & Block One, Kern Pauley Addition.
Notice of the hearing was published in the Stillwater
Gazette on September 8, 1989 and mailed to affected property
owners.
Consulting Engineer Moore gave background information on the
project. Council discussed the assessments on the Woodland
Lakes property. There were no comments from the audience and
Mayor Abrahamson closed the Public Hearing.
Motion by Councilmember Farrell, seconded by Councilmember
Bodlovick to adopt the appropriate resolution approving the pro-
posed assessment for Local Improvement No. 250, Industrial Park
Drainage Area, at 8% per annum. (Resolution No. 8170)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and
Mayor Abrahamson
Nays - None
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2. This is the day and time for the Assessment Hearing on L.I.
253, located on So. Third st. between the south line of
Walnut st. and the north line of Orleans st.; and also
Orleans st. between the east line of So. Fourth Ave. and the
west line of So. Fourth st.
Notice of the hearing was published in the Stillwater
Gazette on September 8, 1989 and mailed to affected property
owners.
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Stillwater City Council Minutes
Special Meeting
September 27, 1989
Mr. Moore gave background information on the project.
Herold, Washington County Project Engineer, was present
answer questions.
Mr.
to
Marty Kvass, 1115 So. 3rd, on the
Burlington, asked when improvements
sidewalks will be put in on Burlington.
that the County has made an agreement
improve Burlington.
corner of 3rd and
will be made and if
Mr. Moore responded
with the City to
Jerry Polzin, 1334 So. 3rd., asked about the width of the new
sidewalk and boulevard and also asked how the street will be
plowed.
Earl Fay for Laura Fay, 1215 So. 3rd, asked why sewer
water service were installed on her vacant 50 foot
Council directed Mr. Moore to check on this.
and
lot.
Tom Davis, 622 So. 3rd., questioned why he was assessed for
sewer and water service and most of his neighbors were not.
Jean Schad, 1345 3rd st., on the corner of 3rd and Orleans,
stated that stop signs should be placed on Orleans at 3rd st.
Dave Hanson, 1001 and 1003 3rd st., asked if the improvements
would increase property tax assessments.
Ron Schad, 1345 3rd st., asked about snow removal on the east
side of the street, and about extra utility poles on the east
side of the street.
Kevin Mikey, 814 So. 3rd st., asked if he is being assessed
for new sidewalk even though his sidewalk was not replaced.
Mayor Abrahamson closed the Public Hearing. Mr. Herold
discussed a timetable for completion of the project.
Motion by Council ember Bodlovick, seconded by Councilmember
Farrell to adopt the appropriate resolution approving the
proposed assessment for Local Improvement 253, Third st. and
Orleans st. Improve nt, at 8% per annum. (Resolution No. 8171)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and
Mayor Abraha son
Nays - None
(Council took a five-minute break and reconvened at 8:25 p.m.)
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stillwater City Council Minutes
Special Meeting
September 27, 1989
Motion by Councilmember Opheim, seconded by Councilmember Farrell
to accept the application for deferral of special assessments by
Laura Fay, 1215 So. 3rd st. (All in favor)
OTHER BUSIN_ESS..
City Coordinator Kriesel and Consulting Engineer Moore
discussed with Council a proposal from the County for
assistance with reconstruction of McKusick Lake Road.
Motion by Councilmember Kimble, seconded by Councilmember
Bodlovick that the City Coordinator and the City Engineer be
authorized to negotiate with the County on the McKusick Lake
Road project for the lowest amount possible and indicate the
City's willingness to participate with FAU or MSA funds, not to
exceed $500,000, and to negotiate with the County as to combining
the Neal Avenue project with this project. (All in favor)
ADJOURNMENT.
Motion by Councilmember Kimble, seconded by Councilmember Farrell
to adjourn the meeting at 8:50 p.m. (All in favor)
Resoluti,Qns..L
No. 8170 - Approving assessments for L.r. 250
No. 8171 - Approving assessments for L.I. 253
MAYOR
ATTEST:
Submitted by:
Shelly Schaubach
Recording Secretary
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
October 3, 1989
4:30 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor
Abrahamson.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Consulting Engineer Moore
Public Safety Director Mawhorter
Comm. Dev. Director Russell
Parks Director Blekum
Fire Chief Seim
City Clerk Johnson
Press:
Julie Kink, St.Croix Valley Press
Others:
None
STAFF REPORTS
1. Finance Director - No report.
2. Public Safety Director -
High School Residential Permit Parking
Extensive discussion followed regarding the plan presented by Public
Safety Director Mawhorter for residential permit parking to alleviate
parking problems in the neighborhoods adjoining the High School.
Motion by Councilmember Farrell, seconded by Councilmember Opheim to set a
public hearing for November 7, 1989 at 7:00 P.M. for discussion of residential
parking plan for the area near the High School; and to have a first reading of
an ordinance amending the parking regulations. (All in favor).
Employment of Part-Time Police Officers
Motion by Councilmember Farrell, seconded by Councilmember Opheim to adopt
the appropriate resolution approving the employment of David Miller and James
Anderson II as Part-Time Police Officers, contingent on completion of
background investigation and psychological exams. (Resolution No. 8173)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
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Stillwater City Council Minutes
Regular Meeting
October 3, 1989
Purchase of New Vehicl for Fire Chief
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve
the purchase of a new car for Fire Chief Seim. (All in favor).
3. Community Development irector-
Boat Launch at Lily Lake
Community Development Director Russell and Parks Director Blekum presented
an update regarding improvement of the boat launch ramp at Lily Lake.
This will be further discussed at the Park & Recreation Board meeting next
week.
4. Parks Director -
Blacktopping of McKusi k/Owens Parking Lot
Motion y Councllmember Fa rell, secon e y Councilmember Bodlovick to
authorize the blacktopping of the McKusick/Owens parking lot by Brochman
Blacktopping at a cost of 3,600. (All in favor).
New Furnace for Parks ept. Building
Motion y ouncilmem er Op elm, secon e by Councilmember Farrell to authorize
the installation of a new urnace for the Parks Dept. Building at a cost of
$1,575.00. (All in favor).
5. City Engineer -
Consulting Engineer Mo re reported on various city projects the Lily
Lake grant application, televising the sewers and the start of
improvements for the L well Inn parking lot.
Lowell Inn Parking Lot Improvements
Motion y Councilmem er Fa rell, secon ed by Councilmember Kimble to approve
making two improvements to the Lowell Inn parking lot property at an
approximate cost of $2,500 (consisting of excavation of an old abandoned
water service and installa ion of electric conduit for future use) which cost
shall be taken from TIF fu ds. (All in favor).
6. Fire Chief -
Possible Promotion
Discussion followe
Assistant Chief.
im Stevensen
arding the promotion of Jim Stevensen to Regular
Motion by Councilmember Ki ble, seconded by Councilmember Opheim to discuss
the promotion of Jim Steve sen to Regular Ass't. Fire Chief at the October 17,
1989 meeting after review y the City Coordinator and Fire Chief. (All in
favor).
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Stillwater City Council Minutes
Regular Meeting
October 3, 1989
7. City Attorney -
Possible Donation of Oak Glen Lot for Green Space Purposes
City Attorney Magnuson reported that Tom Fredrickson, living in Oak Glen,
has proposed to donate the lot next to him to the City with upkeep to be
done by the association. Discussion followed, with reluctance on the part
of Council to accept the conveyance due to the fact that future upkeep may
be forgotten. Council suggested a minor subdivision with combination of
the two lots and a resubdivision creating an unbuildable lot. Mr.
Magnuson will present this suggestion to Mr. Fredrickson.
8. City Clerk -
Elks Christmas Tree Lot at Lily Lake
Motion by Councilmember Kimble, seconded by Councilmember Opheim to authorize
the Stillwater Elks to sell Christmas Trees at the Lily Lake tennis courts for
the 1989 Christmas season. (All in favor).
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Sewer Back-up, Kevin Charlsen
Motion by Councilmember Opheim, seconded by Councilmember Kimble directing
Staff to forward the sewer back-up claim for Kevin Charlsen to the City's
insurance agent. (All in favor).
9. City Coordinator -
Council Work-Shop, Oct. 24
Motion by Councilmember Opheim, seconded by Councilmember Kimble to set a
special meeting for Tuesday, October 24, 1989 at 4:30 P.M. to meet with Sally
Evert, of the Washington Co. Board, to discuss the RDF plant. (All in favor).
It was noted that a possible budget hearing set for Oct. 24 was cancelled.
Advertisement for Bids - Sidewalk Snow Removal
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to
authorize an advertisement for bids for sidewalk snow removal for the 1989-90
season. (All in favor).
Joe Nasvick - Contractor's License
Mr. Kriesel reported that he has conferred with Joe Nasvick and he will
proceed to obtain liability insurance and get a Contractor's License.
First Reading of Ordinance Regarding Open Burning Restrictions
Motion by Councilmember Kimble, seconded by Councilmember Farrell to have a
first reading of an ordinance amending the open burning restrictions. (All in
favor).
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Stillwater City Council Min tes
Regular Meeting
October 3, 1989
Adjustment of Assessmen Roll for L.I. 253, Third & Orleans St.
Improvements
Motion by Councilmember Kim le, seconded by Councilmember Opheim to adjust the
assessment roll regarding s wer and water services as outlined by the City
Coordinator for properties ocated at 1215 So. Third St., 1323 So. Third St.,
and 1333 So. Third St. (Al in favor).
RECESS
Motion by Councilmember Far ell, seconded by Councilmember Kimble to recess
the meeting at 5:53 P.M. 11 in favor).
Resolutions:
No. 8173 - Employment of Pt.-Time Police Officers Miller and Anderson.
MAYOR
ATTEST:
CITY CLE
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RECESSED MEETING
STILLWATER CITY COUNCIL
MINUTES
October 3, 1989
7:00 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor
Abrahamson.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Consulting Engineer Moore
Comm. Dev. Director Russell
City Clerk Johnson
Press:
Mike Marsnik, Stillwater Gazette
Julie Kink, St.Croix Valley Press
Dorothy & Tom Gerson, Steve Johnson & Kathleen Wallace,
representing the DNR, Dick Kilty, Vickie Bergstedt, Leonard
Feeley, Ed Simonet, Martha Conway, Maurice Stenerson, Vern
Steffan & Son, Mr. & Mrs. Hubbs, Bill Simonet.
Others:
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
Mayor Abrahamson welcomed Den 6 of Pack 249, Lily Lake Cub Scouts, who are
working on their citizenship badge, to the evening Council Meeting.
APPROVAL OF MINUTES
Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve
the minutes of the Special and Regular Meetings of September 19, 1989. (All
in favor).
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS (Continued)
1. Kathleen Wallace & Steve Johnson - Discussion of possible DNR acquisition
of City owned land.
Ms. Wallace explained their proposal to acquire city owned land near the
NSP plant for boat launch purposes. Council discussion followed and it
was determined that an appraisal should be obtained.
Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to direct
Staff to contract for a certified appraisal of the City-owned property near
the NSP plant, submit the appraisal to the Council for approval and maintain
contact with the DNR regarding acquisition of the property. (All in favor).
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Stillwater City Council Minutes
October 3, 1989
Recessed Meeting
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2. Design Approval for th Aysta Property - Forest Hills/Greeley Project
Motion by Councl member Ophelm, secon e y CounCl member Klm e to approve
the change in plan for lan scaping as it relates to the Aysta property in
conjunction with L.I. 251, Forest Hills/Greeley St. project. (All in favor).
3. Request for use of Low
Mayor Abrahamson annou
of the Valley" festival.
een cancelle .
PUBLI C HEARINGS
1. This is the day and ti e for the Public Hearing on consideration of a
Zoning Map Amendment t rezone Lots 4 & 5 (currently designated 6 & 7) of
Dallager's Estates fro RB, Two Family Residential to RA, Single Family
Residential. Case No. ZAM/89-43.
Notice of the Hea ing was published in the Stillwater Gazette on
September 22, 1989 and copies were mailed to affected property Qwners.
Comm. Dev. Director Ru sell explained the request to rezone the above
mentioned lots. The Planning Commission felt this was an appropriate
action. One of the ad acent property owners was present and stated that
discussions with Mr. Simonet have gone well and the problems have been
eliminated. Mayor Abr hamson closed the public hearing.
Motion by Counci'lmember Ki ble, seconded by Councilmember Opheim to make the e
following findings of fact and approve the Zoning Map Amendment to rezone Lots
4 & 5 (currently designate 6 & 7) of Dallager's Estates from RB, Two Family
Residential to RA, Single amily Residential: 1. there was a mistake in the
original zoning, and 2. th character of the area has changed; also to have a
first reading of an ordina ce amending the zoning, Case No. ZAM/89-43. (All
in favor).
2. This is the day and ti e for the Public Hearing to consider preliminary
plat approval for a mi or subdivision of two lots into three lots located
on Old Stonebridge Tra 1 (Lots 6 & 7, Block 1, Dallager's Estates) in the
RB, Two Family Residen ial Dist., Washington County Abstract Co.,
Applicant. Case No. S B/89-63.
Notice of the Hea ing was published in the Stillwater Gazette on
September 22, 1989 and copies were mailed to affected property owners.
Mr. Russell explained his case is related to the first case. The request
is for a minor subdivi ion of two lots into three lots and the Planning
Commission recommended approval. Mayor Abrahamson closed the public
hearing.
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October 3, 1989
Recessed Meeting
Motion by Councilmember Opheim, seconded by Councilmember Kimble to approve
the request for preliminary plat for a minor subdivision of two lots into
three lots located on Old Stonebridge Tr. (Lots 6 & 7, Block 1, Dallager's
Estates) in the RB, Two Family Residential Dist., Washington Co. Abstract Co.,
Applicant. Case No. SUB/89-63. (All in favor).
3. This is the day and time for the Public Hearing on a Special Use Permit
request for the placement of a twelve foot by forty-eight foot temporary
structure to be used as office space behind an existing building at 232
No. Main St. in the CBD, Central Business Dist., Martha Conway, Applicant.
Case No. SUP/89-60.
Notice of the Hearing was published in the Stillwater Gazette on
September 22, 1989 and mailed to affected property owners.
Mr. Russell explained the request to place a trailer office arrangement
behind the existing medical building on Main St. for additional needed
space. This arrangement would exist from one to two years. The Planning
Commission approved the request with the assurance that it would be
removed in two years. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve
the request for a Special Use Permit for placement of a twelve ft. by
forty-eight ft. temporary structure to be used as office space behind an
existing building at 232 No. Main St. in the CBD, Central Business Dist. as
conditioned, Martha Conway, Applicant. Case No. SUP/89-60. (All in favor).
4. This is the day and time for the Public Hearing on a Special Use Permit
request to conduct an over-the-phone sales and service company for pool
supplies at 313 W. Churchill St. in the RB, Two Family Residential Dist.,
Richard LaCasse, Applicant. Case No. SUP/89-55.
Notice of the Hearing was published in the Stillwater Gazette on
September 22, 1989 and mailed to affected property owners.
The case was explained by Mr. Russell who said the applicant will be
selling pool supplies from his residence with only two deliveries per
week, no business signs and will be reviewed on a complaint basis. The
Planning Commission recommended approval with conditions. Mayor
Abrahamson closed the public hearing.
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to
approve the request for a Special Use Permit to conduct an over-the-phone
sales and service company for pool supplies at 313 W. Churchill St. in the RB,
Two Family Residential Dist. as conditioned, Richard LaCasse, Applicant. Case
No. SUP/89-55. (All in favor).
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Stillwater City Council Minutes
October 3, 1989
Recessed Meeting
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5. This is the day and ti e for the Public Hearing on a Variance to the
Stillwater Floodplain rdinance for the construction of an enclosed
parking garage below a four-story office building located at 319 No. Main
St. in the CBD, Central Business Dist., McGuire, Engler and Davis,
Architects, Applicants. Case No. V/89-66.
Notice of the Hearing was published in the Stillwater Gazette on
September 22, 1989 and copies were mailed to affected property owners.
Mr. Russell presented he background on this case, stating that the
proposed garage is in the Flood Plain District and, therefore, requires a
variance. The applicants propose to construct it so that it will meet
FEMA guidelines and St te Building Code requirements for flood proofing.
The DNA and FEMA appro ed this request as long as these guidelines are
followed. Mayor Abrah mson closed the public hearing.
Motion by Councilmember Op eim, seconded by Councilmember Farrell to approve
the request for a Variance to the Stillwater Floodplain Ordinance for the
construction of an enclose parking garage below a four-story office building
located at 319 No. Main St. in the CBD, Central Business Dist. as conditioned,
McGuire, Engler and Davis, Architects, Applicants. Case No. Vj89-66. (All in
f av or) .
6. This is the day and ti e for the Public Hearing on a Variance request to ~
the maximum square foo age required for an accessory structure (120 sq.
ft. allowed, 280 sq. f . proposed) for the construction of a storage
building at 712 W. Oak St. in the RB, Two Family Residential Dist., Thomas
Gerson, Applicant. Ca e No. V/89-67.
Notice of the Hea ing was published in the Stillwater Gazette on
September 22, 1989 and mailed to affected property owners.
Mr. Russell stated the request is for construction of a second accessory
structure for the stor ge of wood for a hobby woodworking shop. The
Planning Dept. recomme ded denial because no hardship can be shown. The
Planning Commission re ommended approval. Mr. Gerson was present to
explain his request an also stated his neighbors have no problem with the
addition of this struc ure. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Op
the Variance request to th
structure (120 sq. ft. all
a storage building at 712
Thomas Gerson, Applicant.
7. This is the day and ti
Ordinance Text Amendme
eim, seconded by Councilmember Kimble to approve
maximum square footage required for an accessory
wed, 280 sq. ft. proposed) for the construction of
. Oak St. in the RB, Two Family Residential Oist.,
Case No. V/89-67. (All in favor).
the Public Hearing to consider a Zoning
Subdivision Ordinance Text Amendment relating
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October 3, 1989
Recessed Meeting
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to a new Parks Dedication Policy for the City of Stillwater, City of
Stillwater, Applicant. Case No. ZAT/89-7.
Notice of the Hearing was published in the Stillwater Gazette on
September 22, 1989 and mailed to affected property owners.
Mr. Russell explained the need for updating the current Parks Dedication
Policy. Input was received from the Planning Commission and Parks &
Recreation Board. The Planning Commission recommended approval of the
proposed changes. Council discussion included changing the wording of the
policy that was recommended by the Park & Recreation Board, to
"recommendations by the Park Board will be considered by the Community
Development Director before final approval". Mayor Abrahamson closed the
public hearing.
Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to have a
first reading of an Ordinance amending the Zoning and Subdivision Ordinance as
it relates to a Parks Dedication Policy. (All in favor).
8. This is the day and time for the Public Hearing to consider a Zoning
Ordinance Text Amendment to the parking regulations in the City of
Stillwater, City of Stillwater, Applicant. Case No. ZAT/89
Notice of the Hearing was published in the Stillwater Gazette on
September 22, 1989.
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to
continue the Public Hearing to November 7, 1989 Council Meeting for a Zoning
Ordinance Text Amendment to the parking regulations in the City of Stillwater,
City of Stillwater, Applicant. Case No. ZAT/89/8. (All in favor).
9. This is the day and time for the Reassessment Hearing on L.I. 171,
described as parcels 9615-2100 Outlot C; 9615-2300 Lot 1, Blk 2 Feeley's
Addition; 9615-2350 Lot 2, Blk 2 Feeley's Addition; 9615-2600 Lot 3, Blk 3
Feeley's Addition; 9615-2400 Lot 3, Blk 2 Feeley's Addition.
(Resolution)
Notice of the Hearing was mailed to affected property owners on
September 8, 1989.
10. This is the day and time for the Reassessment Hearing on L.I. 185,
described as 9615-2300, Lot 1, Blk 2 Feeley's Addition; 9615-2350, Lot 2,
Blk 2 Feeley's Addition; 9615-2600 Lot 3 Blk 3 Feeley's Addition;
9615-2400 Lot 3, Blk 2 Feeley's Addition. (Resolution)
Notice of the Hearing was mailed to affected property owners on
September 8, 1989.
Both No.9 and 10 were discussed together since they both apply to Mr. and
Mrs. Leonard Feeley. It was stated that previously these parcels of
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Stillwater City Council Minutes
October 3, 1989
Recessed Meeting
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property qualified for the "green acres" status, but this no longer
applies. City Attorne Magnuson explained that once the land no longer
qualifies under the "g een acres" status, the assessment should be spread
as usual. Also, Mr. and Mrs. Feeley asked for Sr. Citizen deferral. It
was discovered that this deferral plan applies only to homestead property,
which does not apply in this instance. Mr. Feeley was present to discuss
his problems regarding the reassessments with the Council. Mayor
Abrahamson closed the ublic hearing.
Motion by Councilmember Ki ble, seconded by Councilmember Bodlovick to adopt
the appropriate resolution adopting the reassessment for L.I. 171, described
as parcels 9615-2100 Outlo C; 9615-2300 Lot 1, Blk 2 Feeley's Addition;
9615-2350 Lot 2, Blk 2 Feeley's Addition; 9615-2600 Lot 3, Blk 3 Feeley's
Addition; 9615-2400 Lot 3, Blk 2 Feeley's Addition. (Resolution No. 8174)
Ayes - Councilmembers Bodl vick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Motion by Councilmember Ki ble, seconded by Councilmember Bodlovick to adopt
the appropriate resolution adopting the reassessment for L.I. 185, described
as 9615-2300, Lot 1, Blk 2 Feeley's Addition; 9615-2350, Lot 2, Blk 2 Feeley's
Addition; 9615-2600 Lot 3 lk 3 Feeley's Addition; 9615-2400 Lot 3, Blk 2
Feeley's Addition. (Resol tion No. 8175) 4It
Farrell, Kimble, Opheim and Mayor Abrahamson.
Ayes - Councilmembers Bodl
Nays - None
11. This is the day and ti e for the Public Hearing to consider a request from
the Stillwater Heritag Preservation Commission that the Downtown
Commercial Dist. be de lared a local preservation district and recommend
the area to the Nation 1 Register of Historic Places. The District is
located in the CBD, Ce tral Business Dist.
Notice of the Hea ing was published in the Stillwater Gazette on
September 8, 1989 and ailed to affected property owners.
Ann Pung-Terwedo prese ted the background for this case. The proposal is
to declare the Downtow District a local Preservation District and
recommend it to the Na ional Register of Historic Places. She noted that
if the designation is pproved, there would be certain guidelines owners
would follow in remode ing their property, but this would also allow for
certain tax advantages
Consulting Engineer Mo re addressed the study as it pertained to the levee
wall.
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October 3, 1989
Recessed Meeting
Dick Kilty, 118 W. Oak St., stated his objection to being required to go
through two hearing processes to get a building permit. Mr. Russell
answered Mr. Kilty's objections. Further discussion followed.
Mr. Hubbs, 626 No. Fourth St., stated he has lived within an historic
district previously in another city and benefited from the designation.
Mayor Abrahamson closed the public hearing.
Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt
the appropriate resolution declaring the Downtown Commercial Dist., located in
the CBD, Central Business Dist., to be named a local preservation district and
recommending the area to the National Register of Historic Places.
(Resolution No. 8176)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Council recessed for ten minutes and reconvened at 9:05 P.M.
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UNFINISHED BUSINESS
1. Continuation of Nuisance Abatement Hearing - Louis Garavalia, 1218 So.
Second St., repair of house and removal of rubbish.
Mr. Garavalia was not able to be present this evening to discuss this
problem with Council. Mayor Abrahamson stated he has viewed the house and
stated repairs are being made. He further stated a six ft. pile of
concrete is standing in front of the garage which is scheduled to come
down. Discussion followed regarding the action to take to make sure the
garage is removed. This discussion included the fact that several
extensions have been given and Mr. Garavalia should complete the repairs
and removal of rubbish or the City will do it and assess the costs.
Motion by Council member Kimble, seconded by Councilmember Farrell stating a
letter be sent to Mr. Garavalia directing that the shed and rubbish be removed
from the premises at 1218 So. Second St. by Nov. 2, 1989; and if this is not
done, the City will proceed to do the work and assess the costs against the
property. (Ayes - 4; Nays - 1, Councilmember Farrell).
Councilmember Farrell explained he voted "Nay" because he felt Mr.
Garavalia should not be given another extension of time and the removal
should proceed immediately.
2. Possible second reading of Ordinance amending Chap. 30.01, Subd. 8,
Garbage & Rubbish Removal Fees.
City Coordinator Kriesel advised that this item be continued until the
first meeting in January, 1990. He explained the costs for recycling and
_ 7
Stillwater City Council Minutes
October 3, 1989
Recessed Meeting
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the funds that will be received to accomplish this. He also suggested the
City continue using th Goodwill Center for recycling.
Motion by Councilmember Op eim, seconded by Councilmember Farrell to approve
the continuation of the contract with the Goodwill Donation Center for
recycling until December 3 , 1989. (All in favor).
life
Case No.
Motion by Councilmember Bo lovick, seconded by Councilmember Farrell to have a
first reading of an ordina ce amending the Zoning Ordinance regarding life of
Special Use Permits & Vari nces (Case No. ZAT/89-6); and to set a public
hearing for October 17, 19 9. (All in favor).
2. Resolution adoptin as essment for Woodland Lakes Development Erosion
Control.
Motion by Councilmember Bo lovick, seconded by Councilmember Farrell to adopt
the appropriate resolution adopting the assessment for Woodland Lakes ~
Development Erosion Contro. (Resolution No. 8177) ,.,
Ayes - Councilmembers Bodl vick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
3. Resolution adopting as essment for property located at 1035 and 1055 W.
St. Croix Ave.
Motion by Councilmember Bo lovick, seconded by Councilmember Farrell to
adopt the appropriate reso ution adopting the assessment for 1035 & 1055 W.
St. Croix Ave. (Resolutio No. 8178)
Ayes - Councilmembers Bodl vick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
4. Resolution adopting as essment for property located at 311 So. Third St.
(L.I. 195).
Motion by Councilmember Bo lovick, seconded by Councilmember Kimble to adopt
the appropriate resolution No. 8179 adopting the assessment for property
located at 311 So. Third S . (L.I. 195). (Resolution No. 8179)
Ayes - Councilmembers Bodl vick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
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Stillwater City Council Minutes
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Recessed Meeting
CONSENT AGENDA
Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve
the Consent Agenda for October 3, 1989 as follows: (All in favor).
1. Directing Payment of Bills. (Resolution No. 8172)
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
2. The following Contractors Licenses and Cigarette License.
Capitol Utilities Excavators New
4120 Isle Ave. No.
Lake Elmo, Mn. 55042
Hughes Roofing
Rt. 1, Box 123
Rush City, Mn. 55069
Roofi ng
New
Martik Construction
P.O. Box 2081
Stillwater, Mn. 55082
General Contractor
New
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New Homes Coordinated
2230 Orwell Ct. No.
Stillwater, Mn. 55082
Old is Gold Construction
14424 Prairie Road
Andover, Mn. 55304
General Contractor
Renewa 1
Excavators
New
Preferred Builders, Inc.
8741 Central Ave. NE
Blaine, Mn. 55434
General Contractor
New
Jack Rice Construction
8496 Lofton Ave. No.
Stillwater, Mn. 55082
General Contractor
Renewa 1
CIGARETTE LICENSE
Country Kitchen
2082 So. Greeley St.
Stillwater, Mn. 55082
STAFF REPORTS (continued)
Finance Director -
New
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Stillwater City Council Mi utes
October 3, 1989
Recessed Meeting
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Cancellation of Budget Hearin for Oct. 17, 1989
Motion by Councilmember Ki ble, seconded by Councilmember Farrell to adopt
the appropriate resolution rescinding Resolution No. 8139 which set the public
hearing date of October 17 1989 for a Budget Hearing. (Resolution No. 8180)
Ayes - Councilmembers Bodl vick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
City Coordinator
Employment of Persons or Ice Arena
Motion by Councllmember Op elm, secon ed by Councilmember Farrell to adopt
the appropriate resolution employing the following as part-time Ice Arena
employees: Jerry Post, To Stiff, and Dawn Bartkey as Zamboni Operators; and
Dawn Bartkey, Valerie Curt s, Michelle Clarke, Patty Ellis, Julie Marchetti,
Aaron Short and Kathy Moln r as Concession Operators. (Resolution No. 8181)
Ayes - Councilmembers Bodl vick, Farrell, Kimble, Opheim and Mayor Abrahamson.
Nays - None
Facility Needs Study
Mr. Kriesel briefly me tioned the possibility of hiring a consultant to
study the need for a n w park building, an addition to the Public Works
.Building and Administr tion Building.
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COUNCIL REQUEST ITEMS
Council discussion inv lved a new armory, the Washington Co. IICapitol for
a Dayll and roundtable iscussions with Joe Alexander of the DNR.
ADJOURNMENT
Motion by Councilmember Fa rell, seconded by Councilmember Kimble to adjourn
the meeting at 9:50 P.M. All in favor).
Resolutions:
No. 8172 - Directing Payme t of Bills.
No. 8174 - Reassessment of L.I. 171, Feeley addition.
No. 8175 - Reassessment of L.I. 185, Feeley addition.
No. 8176 - Declaring Downt wn Dist. as Local Preservation Dist.
No. 8177 - Adopt Woodland akes Assessment for Erosion Control.
No. 8178 - Adopt Assessmen for 1035 & 1055 W. St. Croix Ave.
No. 8179 - Adopt Assessmen for 311 So. Third St.
No. 8180 - Rescinding the udget hearing scheduled for Oct. 17, 1989.
No. 8181 - Hiring Ice Aren Employees for 1989-90.
10
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Stillwater City Council Minutes
October 3, 1989
Recessed Meeting
ATTEST:
MAYOR
CITY CLERK
11
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City O~
g HQQwotelr, uUhlhlegoto
cP IrOcQomoHohl
RESOLUTION NO. 8168
COffi1ENDING MAURICE STENERSON
WHEREAS, the City of Stillwater, known as the "Birthplace of
Minnesota" has a proud and distinguished past as evidenced by its
place in Minnesota history and its many examples of fine 19th
Century architecture; and
WHEREAS, local historical preservation groups and have long
understood the history, beauty and architectural value that
Stillwater possesses and have, together with the City of Stillwater,
worked to develop policies and plans to permanently preserve the
character of the City's origins; and
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WHEREAS, Maurice Stenerson has provided valuable knowledge,
understanding, leadership and his time to help develop and implement
plans to preserve the unique historical aspects of the City for
future generations.
NOW, THEREFORE, BE IT RESOLVED that the City of Stillwater
gratefully acknowledges the contribution Maurice Stenerson has made
toward historical preservation and restoration within our community.
Adopted this 17th day of October, 1989.
#a1~
uUaYO/l
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Joan Traver, Chairperson
9541 75th St N
Stillwater, Mn. 55082
Stillwater City Council
216 N. 4th
Stillwater, Mn. 55082
The Rivertown Art Fair is sponsored by the Downtowners Assc.
and with the consent of the council, will be held on May 19 &
20, 1990.
The Fall Colors Art Fair is sponsored by the Stillwater Area
Chamber of Commerce and with the consent of the council, will
be held on October 6 & 7, 1990.
The Art Fairs have been selected to be a part of the Celebrate
Minnesota 1990 promotion so I need the dates approved before
I sumbit information to the Department of Tourism.
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I request the use of Lowell Park on these dates and to have our
banners hung on Main Street 3 weeks prior to the Festivals. I
also would like to request that some area be designated for free
parking for the exhibitors.
Thank you for your cooperation.
~~
~ Traver
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M E M 0
RAN D U
M
TO=
Steve Russell
FROM
ALLEN O. ZEPPER~ BUILDING OFFICIAL
DATE =
Oct i6, 1989
RE:
418 South 6~h S~reet.
---------------------------------------------------------------------
Un J'uly 3, 1989, not eat~ly June as mentioned in the lettet~, )'rn~.
Vockroat came in for a permlt for a garage. he talked to Shirley, ae
i~ was close to the holioay and Vern and I were both out of the
orfice. ~T NO TIM~ DID h~SAY If WAS AN ADDITION TO THE EXISTING
GAR~GE. Shlrley said she could not issue the permi~, but he was
insistant, saying tha~ lt was the last day for hlm to get the sale
price on his materials. Shirley gave in and issued the permit but
t old him II I will g i Ii e you the per m it, but you h a vet 0 tal k t 0 V ern
K y 1 and e .r~ be f 0 1"~ e you s t a "r~t. II Hen e Ii e"r~ call e d V e "r~n . he a 1 soh a u 1 e d
ou~ 200 cubic yards OT fill with no permits, and we have no idea what
was done to the natural drainage etc..
The times Vern was there, was because he happened to sto~ by,
trying'to catCh them at work and find out what was being done, as no
one had submitted plans for the project for approval. At no time has
anyone of us in the Inspection Department been told it was an
addition to the existing gat~age. He asked fot~ a permit for a gat~age,
not an addition. The day Vern stopped by and noticed that the
Rafters were overspanned is when he realized it was an addition and
oversized. After the work was stopped the plans were brought in to
Vern, but did not have a site plan attached and subsequently did not
shaw the existing garage until Vern questioned him about it.
There have been no inspections called for and applicant never
mentioned an addition. He started work with out contacting us and
never submitted plans, even though he was told to do so. He removed
200 cubic yards of fill with no permits.
I do not feel a variance is applicable.
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418 South Sixth Street
Stillwater. MN 55082
October 11, 1989
Dear Mayor Abrahamson and City Council members,
I am the property owner of 418 South Sixth Street. I have been a
Stillwater resident for more than three years.
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In early June I secured a building permit to add to my existing garage.
Later in the summer I found a way to haul 200 cubic yards of fill out
of my back yard. In August I was able to pour a concrete floor. In
September I began my wood foundation--with treated 2 x 6's and treated
plywood--meeting all specifications and building codes. Both of these
events spurred the building inspector to stop to investigate. This
past weekend I was able to start the rafters. On Monday, October 9,
there was a note to stop all construction pending a call to the build-
ing inspector's office.
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Now it seems that I went overboard on my building. Why didn't this
notice come to be earlier? During the initial two inspections? I fol-
lowed every regulation securing the appropriate permits, carefully
complying with appropriate setback requirements. The total concrete
flooring (old and new) is 1152 squaEe feet--for a total of four garage
stalls. My city lot is in fact three city lots--150 feet of frontage
on South Sixth Street. I have two cars, a pick-up, and a motorcycle;
my roommate has an automobile. I need those four stalls. The room
upstairs will be storage only_ I was hoping for some area to store
belongings.
This is why I am asking for a variance at this time. We have been bles-
sed with ideal construction weather in September and October. Time is
of the essence. With the normal variance process, I would be unable to
continue my construction until late November. This is why I will be at
the City Council Meeting on Tuesday evening, October 17th, next week.
, e
-2-
I am enclosing a copy 0 the site plan in addition to my plans for the
garage addition. I hav no complaints from neighbors. The building
is for the most part be ind the house and out of sight from the street.
I have followed all the necessary permit and setback requirements;
therefore I feel you sh uld grant a variance for my garage.
Thank you for taking th time to become familiar with this request;
and thank you for your prompt respcnse.
Robert W. Vockrodt
Homeowner
418 South Sixth Street
City
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STAFF REQUEST ITEM
DEPARTMENT _____~~~Depar~~s__________ ME~TING DATE
10-17-89
--------------
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request permission to promote Jim Stevensen to the position of Fire
__________________________ , w____________________________________
Assistant Chief. Our understandinq is that this will be a non-union position.
------------------- ~ ~~~ --------------------------------------
-------------------------
---------------------------------------
---------------------------------------------------------------------
-------------------------------------------------------------------~-
---------------------------------------------------------------------
----------------
-------------------------------------
----------------------------
-------------..
___________ -IfI,.
---------------------------------------------------------------------
-------------------
--------------------------
--------------------------------
--------------------
FINANCIRL IMPACT (Briefly outline
ass.:)ciated with this reqr.1est and
ne~ded to rund the request)
the c,=,sts,
the prop.:)sed
if arlY,
S.:)I.lrc~ .:)f
that are
the f:..nds
Additional wages to be negotiated.
-------- ---- ----------------------------
------------------
--~ --------------------------------------
---------------------------------------------------------------------
--------------------------------
----------------------
------------------------------------------------------------
ADDITIONAL INFORMATION ATTACHED
YES
NO XXX
ALL COUNCIL REQUEST !TEMS
MINIMUM OF FIVE WORK!NG
COUNC I.L MEETING dDER TO
SUBMI.TTED BY ~
MU~I BE SUBMITTED TO THE CITY' CLERK A
DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
8E PLACED IN THE COUNCIL MATERIAL PACKET.
~~ _ DATE -2Q.:..l2-.:!l2-____
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MEMORANDUM
TO: Mayor and City Counc.:j..
FR: City Coordinator (
DA: October 13, 1989
RE: TERMS OF CONDITIONS 0 EMPLOYMENT FOR ASST _ CHIEF POSITION
This memo is in response to the Staff Request Item - appointment of Jim Stevens en
to Asst. Chief - and more specifically to discuss the terms and conditions of
employment for Jim stevens n. The Council has previously determined that this
should be a management pos tion and should not be covered by the Association's
Labor Agreement. This rai es a slight problem or at least a question and that
is - is Jim to be covered b the Policy and Procedures Manual or by an employment
agreement? Section 5-7 of the Policy and Procedures Manual states that "Exempt
employees are not eligible or overtime pay". My interpretation of this is that
exempt employees are "not ligible under any conditions". However, Jim will be
working the standard firefi hters 24 hour shift schedule and feels that he should
receive overtime - at leas for call backs and non-administrative type of work.
There are also some differ nces regarding holiday (and holiday pay), vacations
and sick leave usage betwe n the association agreement and the manual. I have
prepared a schedule (see at ached) comparing the agreement and the manual to show
the differences.
A salary for the posi ti
compensation as a firefigh
the requested Asst. Chief'
needs to be determined. Jim I S present
association's salary for an Asst. Chief and
is as follows:
Present Asst. Chief
Firefighters Labor
Compensation Agreement Requested
Base salary 31,692 31,692 37,237
Asst. Chief Differential 996 N/A
FLSA Differential ( 1) 915 936 1,004
Longevity Pay 2,376 2,376 N/A
Holiday Pay 1,444 1,486 1,578
1989 Lump Sum Adj. (2) 475 475 475
-
Total 36,902 37,961 (3)40,294
Hourly Pay 11.70 12.04 12.79
Overtime Pay 17.55 18.06 19.19
NOTE: (1)
Fair Labor st ndards Act requires a 53 hour work week. However,
firefighters w rk a 56 hour work week and therefore receive pay for
an additional hours per work week.
(2)
Labor Agreemen provides for a 1-1/2% of base salary lump sum payment
in January 198 (for 1989 only).
(3)
Chief Seim' s c mpensation for 1989 is $41,040 based on a 40 hour work
week.
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The requested salary was determined by Jim stevensen based on a survey he did
which he says indicates that Asst. Chief's salaries are usually about 110% of
the next salary below Asst. Chief. This appears to be a reasonable differential.
However, the Fire Chief's salary appears to be somewhat inadequate when compared
to the total compensation requested for the Asst. Chief's position.
Finally, the Public Safety Director and Fire Chief believe that this should be
an appointment rather than a promotion. This is similar to the Investigator
posi tion in the police department and would allow the Department Head more
latitude or flexibility for replacing the position if the employee did not
perform as required. This is not intended to cast any doubts about Jim
stevensen IS qual if ications or ability to function as Asst. Chief. It is intended
rather to establish a policy for the future.
I would recommend that we develop an employment agreement for Mr. stevensen that
specifies the terms and conditions of his employment. Especially if he is going
to retain the holiday, vacation and sick leave schedules as well as the
compensatory items (such as FLSA differential and overtime pay) that he presently
receives under the Association agreement.
/!/~
P.S. I have also enclosed a copy of the proposed position description for the
Asst. Chief classification.
.
LEAVE BENEFIT COMPARISON
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POLICY & PROCEDURES MANUAL
HOLIDAYS:
11-1/2 Holidays -
New Year'Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
M.L.King Day
Thankgiving Da
Day after Than
Christmas Day
One floating h
Christmas Eve
New Year's Eve
liday
/2 day or
1/2 day-
sgiving
VACATIONS:
0-4 yrs.
5/6 days/mo. ( wks.)
4 yrs.-10 yrs.
1-1/4 days/mo. (3 wks.)
10 yrs.-15 yrs.
1-2/3 days/mo. (4 wks.)
SICK LEAVE:
6 mos.-1 year 1 wk. full pay
1 - 2 years 1 additional d y
per month up t
12 days.
2 - 5 yrs. 4 wks. full, 9 wks.
half
5-10 yrs. 13 wks. full, 3 wks.
half
10-15 yrs. 13 wks. full, 9 wks.
half
15-20 yrs. 26 wks. full, 6 wks.
half
20-25 yrs. 39 wks. full, 3 wks.
half
After 25 yrs. S2 wks. at ful pay
Sick leave is replenished at the rate of
one day per month.
ASSOCIATION AGREEMENT
12 holidays (11 paid plus
one floating holiday)
Work
Week
Work
Week
1 - 2 yrs.
2 - 5 yrs.
5 - 10 yrs.
1 wk.
2 wks.
3 wks.
3 shifts
6 shifts
9 shifts
1 additional 4It
shift up to
15 yrs. of
service
15 shifts
10 - 15 yrs. 1 additional
day up to 15
yrs. service
15 years
4 weeks
1 yr. - 2 yrs.
1 wk. full pay
2-5 yrs. 4 wks. full, 9 wks.
half
5-10 yrs. 13 wks. full, 13 wks.
half
10-15 yrs. 13 wks. full, 39 wks.
half
15-20 yrs. 26 wks. full, 26 wks.
half
20-25 yrs. 39 wks. full, 13 wks.
half
After 25 yrs. 52 wks. at full pay
Sick leave is replenished at the rate of e
two shifts (days) per month.
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POSITION TITLE: ASSISTANT FIRE CHIEF
DEPARTMENT: FIRE DEPARTMENT
ACCOUNTABLE TO: FIRE CHIEF
POSITIONS SUPERVISED: ALL FULL TIME FIREFIGHTING PERSONNEL
PRIMARY OBJECTIVES:
To assist the Fire Chief in the planning, organizing and directing of fire
suppression and prevention activities.
To assume command of the fire department in the absence of the Fire Chief.
MAJOR AREAS OF RESPONSIBILITY:
Acts as the Fire Chief in his absence.
Assists in the planning, organization and directing of the overall operation of
the fire department.
Recommends and/or prepares plans for fire department missions/operations
including levels of manpower and other resources.
Works out objectives and procedures in consultation with the Fire Chief,
organizes and schedules suppression personnel and plans prevention and training
efforts.
Acts as the chief training officer in the area of rescue, medical, hazardous
materials and fire suppression activities.
Assists in the preparation of the fire department budget.
Assists the Fire Chief in purchasing equipment and mat~rials for fire department.
Reviews requisitions, researches suppliers and alternate items as appropriate
and makes or recommends purchases in line with budget limitation.
Assists the Fire Chief personnel as necessary, takes command in emergencies, as
appropriate, unless relieved by the fire chief and reviews actions to maintain
optimum results with the maximum protection of life and property and minimum
danger to fire fighting personnel.
Ensures effective utilization and motivation of all subordinate personnel.
Directs and reviews supervisory practices, ensures effective communications,
reviews problems and has the authority to suspend employees for just cause,
direct the work of employees and adjust grievances of employees under his/her
supervision.
Assigns duties to employees under his or her command, suspends or otherwise
disciplines subordinates as necessary. Upon a request of a superior officer,
makes recommendations relating to the hiring, transfer, suspension, promotion,
discharge, assignments, reward or discipline of subordinates.
Maintains individual fire fighting skills, including physical conditions. Stays
abreast of developments in the firefighting field and changes in related laws
and ordinances.
Performs other work relate to the position and as directed by the Fire Chief.
EDUCATION AND TRAINING RE lREMENTS:
Graduation from high sch 01 or equivalent, supplemented by course work or
training in fire suppressi n and prevention activities; at least ten (10) years
of actual experience in fir fighting, first responder medical aid and rescue work
and considerable experie ce in command and/or administrative work of a
progressively responsible ature.
QUALIFICATIONS:
Considerable knowledge of
administration.
Considerable knowledge
geography of the city,
hydrants.
he principles and practices of modern fire department
the rules and regulations of the fire department,
location of streets, principal buildings and fire
Thorough knowledge of the rinciples, practices, procedures and equipment used
in modern firefighting and in the protection of life and property from fire.
Thorough knowledge of the
and equipment used by th
requirements.
ses and limitations of the various types of apparatus
department and other operational and maintenance
Considerable knowledge of ffective methods of planning, training, assigning and
directing personnel and e ipment for the most efficient use for small as well
as large or complex and da gerous fires.
Ability to plan, install and carry out assigned programs of departmental
operations and activities.
Ability to prepare and pres nt effectively oral and written informative materials
relating to the activities of the fire department.
Ability to establish and ma Ontain effective working relationships with other city
officials, civic and offic 0 al groups and the general public as well as to command
and hold the respect of s ordinates.
EXAMPLES OF PERFORMANCE
Establishes effective workOng relationships with others.
Carries out
duties under limited supervision.
Prepares personnel report , fire reports and such other routine and special
reports as required in an ccurate manner.
Maintains due regard for t e safety and welfare of personnel under his command.
Provides direction and assistance in the development of subordinates.
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Assists and guides subordinates as needed, evaluates their performance, provides
assigned instruction and recommends developmental steps.
Sees that all members assigned to his/her command have read and understand
departmental rules, regulations and orders.
Reports in writing the absence form or neglect of duty, violations of the rules,
regulations and orders of the department with detailed written statement
forwarded to the chief of the departments.
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STAFF REQUEST I~~
DEPARTMENT
Fire Department ME::TING DATE 10-17-89
----------------------------- ---------------
DESCRIPTION OF REQUEST (8rierly outline what the request is)
Request permission to purchase Resusci Anne's for the purpose of CPR
-------------------__---__.I~ ~____________________________________
classes. Cost is $2328.00.
-----------------------------------------
-----------------
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----------------------
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-------------------------------------------------------~-------------
---------------------------------------------------------------------
---------------
-----~-------------------------------
--------------------------
---~--------------------
---------------------------------------------------------------------
-------------------------
..---------------
---------------------------------------
-----------------------
FINANCIAL IMPACT (Briefly outline
ass':lciated with th is recl'.test .and
needed to rund the request)
the c.;:.sts,
the prop'jsed
if any, that are
source of the funds
October 5, 1989 Stillwater Elks Lodge # 179 donated $2800.00 for this purchase.
----- . ----------------------- - --
~-------------------------------------
--------------------------------
-----------------------
------------------------------
----------------------
------------------------------------------
ADDITIONAL INFORMATION ATTACHED
YES
NO A~
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS-PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCIL MEETING dOER TO BE PLACED IN THE COUNCIL MATERIAL PACKET.
SUBMITTED BY #- ~~ DATE ~~---
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DAVID T. MAGNUSON
ATTORNEY AT LAW
SUITE # 203
THE GRAND GARAGE
324 SOUTH MAIN STREET
STILLWATER. MINNESOTA 55082
(612) 439-9464
October 11, 1989
Nile Kriesel, City Coordinator
216 North Fourth street
Stillwater, MN 55082
Mary Lou Johnson, City Clerk
216 North Fourth street
Stillwater, MN 55082
Re: Advertisement for Bids
One New Articulated Four-Wheel Drive Loader
Returnable Friday, October 6, 1989
Dear Nile and Mary Lou:
At your request, I have examined the bid of Borchert-Ingersoll,
Inc. that was submitted to the City in response to the
advertisement published in the Stillwater Gazette on September
22, 1989.
The advertisement calls for bids to be accompanied by either a
cash deposit or a certified check payable to the City in the
amount of 10% of the total bid price. Borchert-Ingersoll did not
conform to these specifications and instead of a bid, bond or
certified check in the amount of $7,044.30, their bid was
accompanied by a certified check in the amount of $3,522.15.
In my view, this variance is a substantial variance since it
gives Borchert-Ingersoll a substantial advantage or benefit over
the other bidders. The law requires that unless the bid responds
to the specifications in all material respects, it is not a bid
but a new proposition and should be rejected.
I would recommend to the City Council that the bid of
Borchert-Ingersoll be rejected.
Very truly yours,
DAVID T. MAGNUSON
!\...r
DTM:kn
c: David Junker, Public Works
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No.
ACTION REQUEST MEMO
DIRECTED TO:
FROM:
DATE:
~1ayor,-City Coundrl andCi'ty Administrator
Public Works Director
October 13, 1989
INITIATING PARTY:
If by City Official (Name):
If by Citizen:
NAME
ADDRESS
PHONE NUMBER (Work)
(Home)
PROBLEM, COMPLAINT, INQUIRY:
Sewer trouble at Ronald Pizinoer at 2803 Interlachen Drive
ACTION REQUESTED:
They have reques ted of the Ci ty to 1 eave th new pump ins ta 11 ed at the res i dence.
They will pay the $1,080.00 in payment of 5 years.
ATTACHMENTS:
n Copy to City Coordinator.
n Copy to Other:
USE REVERSE SIDE TO EXPLAIN ACTION TAKEN AND RETURN TO DIRECTING PARTY
(WITH COPY TO CITY COORDINATOR).
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PLANNING APPLICATION REVIEW
CASE NO. SUP/V/89-70
Planning Commission Meeting: October 9, 1989
Project Location: 2003 West Willard Street
Comprehensive Plan District: Single Family
Zoning District: RA
Applicant's Name: Independent School District #834
Type of Application: Variance and Special Use Permit
Project Description:
Special Use Permit for an addition to Lily Lake Elementary School with
Variance to corner sideyard setback requirement (thirty feet required,
nineteen feet six inches provided).
Discussion:
The proposal is for a mag-six classroom plus gymnasium addition to the
existing school. The addition would increase the capacity of the school from
670 students to 850 students.
The building addition is located on the east side of the school, just west of
the Benson Farm. A road easement is located on the Benson property, just east
of the site.
Currently, parking spaces are provided. Based on three spaces per classrooom,
seventy five parking spaces are required. The project included an additional
forty spaces totaling eighty six spaces - ninety three required.
The building is situated nineteen feet six inches from the east property
boundary. Because of the site, thirty feet is required on the corner sideyard.
Because of this, a variance is being applied for.
RECOMMENDATION: Approval with conditions:
1. 93 parking spaces shall be provided, improved, and available for use
before building occupancy. The parking area shall be paved by June,
1991.
2. All City Building Code requirements shall be met.
PLANNING COMMISSION RECOMMENDATION: Approval as conditioned.
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Anderson Dale Architects, Inc.
2675 University Avenue
SI. Paul, Minnesota 55114
612-642-9000
6 October, 1989
Mr. steve Russel I
CI ty PI anner
Ci ty of Stillwater
216 N. 4th Street
Stillwater, Minnesota 55082
Dear Mr. Russell,
Thank you for meeting with Bll I Anderson and I yesterday, we apprecIated
the opportunity to discuss the Li Iy Lake project.
We wIsh to be Included on the agenda for the Planning Commission Meeting
on Monday October 9, 1989, to present the plans fo Lily Lake Elementary
School AdditIon and RemodelIng.
If you have any questions, please feel free to cal I me.
(;J;JJ~
Danl el Romi nskl
Anderson Dale Architects, Inc.
Architecture Planning Interior Design
!' AL: lOll
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Case Numbe;SYffl(jb-.j~
Fee Paid ___________~___
. /o/~/j-
Date filed _________1.____
PLANNING ADlv\INISTRAT!VE FOR^,\
Street Location of Property:
2003 West Willard St., Stillwater, MN
------------------------------------------
Legal Doscription of Property: ________________________________________
Own er: N c m e _ _J~~~~_~~l!.c:o~_~~~!:...s.!~____ -- -----------------~--
Address __~8!~_~~':_.9.:=~~~~~~~~~_~:~~~':.a.:~hone: _~~::~.:.~J.:_~:~~_
Ap'pliccnt (if other than oWJ1er): Name ____________________~__.__________
Address______________________________ Pho~e:--------~------
Type or Reguest:.
___ Approval '.of Preliminary Plat
__~ Approval of final Plat' .
:__ Other_________.:._________
___ Rezoning
_1l_ Special Use Permit
_~_ Variance
. . .
Descri ption of Req uest: _SpPsj.a.l_~.p.erm~t..J:.p-r~QdeLe"'&is.tj.D~-hui ltUlJg atlIL
__~.rgWul~adilWgu..._.Y.ariau~Jl9~6.'.2...frglll_eaaLln:~~-1~------
. . '------------------------------------------~--- ---:-Q- ~;--------
S. ~ A I' ~
19nature ot pp leant: __ _____ -- -----------
. .
Dc"!"" of Put-I' Ie Hear.lng..
~. ~ ---------------------------------------------
NOTE: S~etch of proposed 'property and structure to be dra'ijn.on back of this form or at~
tached, showing the following:
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set-backs.
4. Dimensions or proposed structure.
5. Street names.
6. Location or adjacent existing buildings.
7. Other infonnation as may be requested.
" . To 'b~. subDdtted' by
Anderson/Dale Architects
Approved ___ Dcnied__._ by tho .PI~nning Commission on ___________ (date)
subiect to the ~ollowing conditions: _________..:.___________________._______
------------------------------------------------------------------
Approved ___ Denied ___ by the Council on ________________ subiect to the
~ 11' dO.' . \ '.
,0 oWing con 1,lons: ________________________________________________
" .
------------------------------------------------------------------
Comments: (U~e other side), ....:'. ' .
. .
., ,
, '
t." .
.'
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. ...
"""^\..o JdJV
..
Case Number __________:...
Fee Paid ____________~___
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Da;e Filed ______________
PLANNING ADbAINISTRATIVE FORJ\I\
Street Location of Property:
2003 West Willard St., Stillwater, MN
------------------------------------------
legal Doscription of Propertyl ________________________________________
Ow ne r: No me ___I~::~_~_~9:~!'_E;~!:...!3!~------ -----------------~--
Addjess__~8!~_~~~~~=~~~~~:~~~_~~~~~w:!~hone:_~~E:~~3!:~~~~-
A60licant (if other than oW[ler): Name ____________________"__..:__________
. . '
Address______________________________ Pho~e:--------~------
Type or Request:'
___ Rezoning
j(__ Special Use Permit"
x y .
___ anance
,___ Approval',of Preliminary Plat
__~ Approval of Final P,la~ :
:__ Other_________~_________
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Description of Request: _~{'"j.al-~.p.erm~t..J:.o-.remC1dcl-.ex:i ~rin~_hlli ini:ng and..
__c.la.s..s.rQWuI~adP U.J nIl..._.Y.a.riau~1l2~Q.'.2. .i.rn1U_~~r.o.pu.t~ l~ - ------
. . -------------------------------------------~---=:~---------
. . Signature of Applicant, _~-~~---
Date of Public Hearing: _____.________________________________________
NOTE: S~etch of proposed 'property and structure to be drawn.on back of this form or at-
u.c~ed, showing the following: . .
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set-backs.
4. Dimensions oi proposed structure.
5. Street names.
6. Location oi adjacent existing buildings.
7. Other information as may be requested.
" ' To 'b~. sub;Utted. by
Anderson/Dale Architects
Approved ___ Denied __._ by tho 'PI?nning Commission on ___________ (date)
r . e .. t .h f II. d' . , ,
SUOl c. 0 t e .0 owmg con Itlons: ____________________________________
------------------------------------------------------------------
Approved ___ Denied ___ by the Council on ________________ subiec to the
e.. following conditions; --.:.--...:.:---------------------~-----------~-------
. t '
, . '
------------------------------------------------------------------
'. Commen~s: (U~e other side). .,.','.:.
,. .' .
"
r illwater
~ ~
THE BIRTHPLACE OF MINNESOTA ~
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SUBJECT:
MAYOR AND CITY COUNCIL
STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
SEPTEMBER 26, 1989
REVIEW FOR VISUAL CONSPICUOUSNESS OF ALTERATION AND EXPANSION OF
EXISTING RESIDENTIAL STRUCTURE AND EXPANSION OF DECK AT 120 LAKESIDE
DRIVE IN THE RIVERWAY BLUFFLAND/SHORELAND DISTRICT, ALLEN ROUSSEAU,
APPLICANT.
BACKGROUND:
TO:
FROM:
DATE:
The project is located at 120 lakeside Drive on the banks of the St. Croix
River. Due to its proximity to the river, it is in the Riverway
Bluffland/Shoreland Zoning District. (See attac~ed location map.) Other uses
in the area include single family residences and marinas.
PROJECT DESCRIPTION:
e
The project entails the alteration and expansion of an existing single family
residence. The north thirty feet of roof line of the existing residence is
raised three feet from fourteen feet three inches to seventeen feet three
inches. A second story addition is added over the south thirty feet of the
house. The addition raises the height of the roof as measured from its peek
from fourteen feet three inches to twenty five feet eight inches. The St.
Croix River facing wall height for the second story addition portion of the
building is increased four feet. Elevations and section plans for the project
are attached.
Besides the addition to the structure, the existing deck on the rear of the
residence has been reconstructed and extended parallel to the residence and
bluffline at the same setback as the existing deck.
RIVERWAY BLUFFLAND/SHORELAND ORDINANCE:
The existing single family structure is a substandard structure because it
does not meet the structure setback requirement for the Bluffland/Shoreland
District. A forty foot structural setback is required from the bluffline. The
setback for the existing residence narrows from thirty five feet at the north
end of the lot to fifteen feet at the south end. The deck projects out
approximately ten feet from the residence.
Because of the substandard structure status of the existing residence,
alterations, expansions or deck extensions are subject to the following
conditions as stated in Chapter 31.03, Subdivision 10, of the Zoning
~' Ordinance.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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(E) Any alteration or expansion of a substandard structure which increase
the horizontal or vertical riverward building face shall not be allowed
unless it can be demonstrated that the structure will be visually
inconspicuous in summer months as viewed from the river as determined
by the City Council after public hearing.
(F) Exterior decks attached to the structure which dn not extend any roof
or foundation, may be permitted to extend laterally (parallel to the
river or bluffline) at the same setback as the substandard structure if
said deck is visually inconspicuous in summer months as viewed from the
river, and the deck has no roof or building foundation.
The Bluffland/Shoreland Ordinance required the City Council to make a
determination of inconspicuousness in order to allow the project. According to
the Ord i nance, "vi s ually inconspi cuous II means diffi cult to see or not readily
noticeable in summer months as viewed from the river.
To assist the Council in their determination, 35mm pictures of the residence
as viewed from the river channel in front of the residence are provided. As
can be seen from the pictures, shore vegetation, the color of the residence,
and islands directly west of the river channel, limit the visibility of the
project. Besides the 35mm pictures, a video tape will be presented at meeting
time showing the residence from the river immediately in front of the
residence 200-300 feet off shore and from the river channel located some 2,000
feet off shore where most boating activity takes place. Both the pictures and
video tape were taken during summer months, June and mid August.
RECOMMENDATI ON:
Review of project plans, pictures and video tape of the project as viewed
from the river and determination.
ATTACHMENTS:
- Location Map.
- Project Plans.
- 35mm pictures.
'21(1 '3 U, J ')t;f",
CJ 1" I
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v. ..;.... : ~=L;~;':; :=-:~~._ _~!
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MEMORANDUM
TO:
Mayor of Stillwater and City Council
FROM:
David T. Magnuson, City Attorney
DATE:
October 17, 1989
RE:
Rousseau Hearing
I am in receipt of the DNR letter of October 13, 1989, that
states their position with regard to the deck replacement on the
Rousseau home.
To help with your review, I enclose a copy of pages 11 and 12 of
the Ordinance which contains Subdivision 10 dealing with
substandard structures.
In my view, this deck is an integral part of the Rousseau
structure and it does not make sense to view a portion of the
structure separately from viewing the structure as a whole. The
deck is fixed to the house probably with large nails or bolts and
therefore is as much a part of the structure as a stairway,
railing or roof cornice.
The DNR's interpretation of the Ordinance could allow a very
difficult result. For instance, the Council could find that the
structure is visually inconspicuous and in a separate proceeding,
that the deck could not be enlarged and then the Rousseaus would
have a house full of patio doors facing the River on the second
story that could be very unsightly and potentially dangerous
since it would be similar to a door opening on the second story
into thin air.
Accordingly, it appears that the Rousseau addition along with the
deck could be allowed if it is shown that the structure with the
deck attached would be visually inconspicuous in the Summer
months as viewed from the River.
DTM:kn
Attachment
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(4) Signs may be allowed as approved by federal, state, and local
governments which are necessary for the public health and safety. Signs
may also be allowed that indicate areas that are available or not
available fo~ public use. Outside the minimum setbacks within the Saint
Croix Riverway, signs that are otherwise lawful are permitted, provided
they will be visually inconspicuous in summer months as viewed from the
river.
(5) Stairways and lifts to enable access from bluffland properties to the
water on steep slopes may be allowed by the local authority, provided
the disruption of vegetation and topography is kept to a minimum and the
structure will be visually inconspicuous in the summer months as viewed
from the river.
Subd. 9. SUBSTANDARD LOTS. Lots recorded in the office of the County Register of
Deeds prior to May 1, 1974, that do not meet the requirements of Subdivision 7,
may be allowed as building sites when:
(1) The proposed use is permitted in the zoning districts;
(2) The lot has been in separate ownership from abutting lands since May 1,
1974; and
(3) It can be demonstrated that a proper and adequate sewage disposal system
can be installed in accordance with the provisions of Subdivision 11,
and;
(4) The dimensional standards of the aluffland and Shoreland Ordinance are
complied with to the greatest extent practicable.
Subd. 10. SUBSTANDARD STRUCTURES: All structures legally in existence prior to
the effective date of adoption of the Bluffland and Shoreland Ordinance that
do not meet the structure or sewage treatment system setbacks requirements or
other dimensional standards of the ordinance are considered substandard
structures and shall be subject to the following conditions:
(A) Substandard structures that contain non-conforming uses shall not
be enlarged or expanded.
(B) Substandard structures and substandard sanitary facilities shall be
allowed to continue.
(C) In no instance shall the extent to which a structure or sanitary
facility violates a setback standard be increased.
(D) An extension, enlargement, or alteration of an existing substandard
structure may be permitted on the side of the structure or facility
facing away from the river or bluffline.
(E) Any alteration or expansion of a substandard structure which
increases the horizontal or vertical riverward building face shall
not be allowed unless it can be demonstrated that the structure
will be visually inconspicuous in summer months as viewed from the
river as determined by the City Council after public hearing.
11
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(F) Exterior decks attached to the structure which do not extend any
roof or foundation, may be permitted to extend laterally (parallel
to the river or bluffline) at the same setback as the substandard
structure if said deck is visually inconspicuous in summer months
as viewed from the river, and the deck has no roof or building
foundation.
(G) If a substandard structure needs replacing due to destruction,
deterioration, or obsolescence, such replacement shall comply with
the dimensional standards of this Ordinance.
Subd. 11. SEWAGE DISPOSAL. Any premises intended for human occupancy must be
provided with an adequate method of sewage disposal. subject to the following
items;
(1) Public collection and treatment facilities must be used where available
and where feasible.
(2) Where public or municipal facilities are not available, all on-site
individual sewer disposal systems shall conform to the minimum standards
as set forth in Regulations of the Department of Health and Minnesota
Pollution Control Agency.
(3) A septic tank/drainfield system shall be the only acceptable system for
installation unless it can be demonstrated that this system is not
feasible on the particular lot in question and it can be demonstrated
that the system being proposed as an alternate will not cause ao
pOllution problem.
(4) No person, firm, or corporation shall install, alter, repair, or extend
any individual sewer disposal system without first obtaining a permit
therefore from the Community Development Director for the specific
installation, alteration, repair, or extension.
Subd. 12. MARINAS.
(1) New and or expanded marinas may only be allowed.
(A) Between the Boomsite Highway Wayside and the City of Stillwater.
(B) Downstream from the northern City limits of Stillwater in urban
districts.
(2) New marinas shall meet the design standards of Natural Resources Regulations
including Minnesota Rules Part 6105.0410, Subpart 2.
(3) Permit requirements. No construction or development associated with a marina
shall begin until all of the following authorizations have been obtained by the
applicant.
(A) Marinas shall be a Conditional Use in this Ordinance.
12
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~ STATE OF
~~rn~(Q)Lr~
DEPARTMENT OF NATURAL RESOURCES
DNR INFORMATION
(612) 296-6157
500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA. 55155-40
October 13, 1989
Mr. Steve Russell
216 North Fourth Street
Stillwater, MN 55082
e
Dear Mr. Russell,
Thanks to your efforts and those of volunteers throughout Minnesota, the 1989
Minnesota Clean Rivers Project cleanups were a huge success. There were 56
communities registered in the "Mayor's Challenge," 17 for non-community based
"Ri ver Cl eanup" projects, and 36 organi zations involved in "Adopt-a-Ri ver"
projects.
Data has now been tabulated from the cleanups involved in the "Mayor1s
Cha 11 enge, II and we can report that 404 tons of debri s have been removed from
257 miles of shoreline involving 13,868 volunteer hours. Data is not complete
on the other two programs as of this date. If you have not sent in the results
of your cleanup, please do so as soon as possible. Fill out the enclosed form,
or call in the information to the Clean Rivers Project at (612) 296-4822 or
(800) 652-9747 and ask for the Department of Natural Resources.
The information gathered from this first year of the program will help us and
government leaders determine the extent of the problem, possible solutions and
the best course of action to alleviate the current situation. As you are
probably well aware, most people didn't think the problem was that bad until
they actually participated in a cleanup.
Thank you again for your help, and we welcome any suggestions you might have to
improve the program.
STEVEN G. THORNE
Deputy Commissioner
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SGT/NR/jls
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
~ STATE OF
, IN]~~~@IY~
e DEPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER ROAD, ST.
PHONE NO. 296-7523
PAUL, MN 55106
FILE NO.
October 13, 1989
The Mayor and City Council
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
RE: ROUSSEAU HEARING, OCTOBER 17, 1989
Dear Mayor Abrahamson and City Council:
The Department of Natural Resources will be represented at the
October 17, 1989 Council meeting. We also wish to have written
comments submitted to the Public Hearing Record:
Second Story Addition
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The definition of visually inconspicuous reads "Difficult to see or
not readily noticeable in summer months, as viewed from the river."
There are some trees on both the north and south banks which provide
some screening of the structure. However, from the head-on view,
there is no screening vegetation or topography. It is the
Department's position that the structure is visually conspicuous,
which precludes the application of your ordinance Section 31.03,
Subdivision 10E. Since it does not fall within this category of
alteration, increasing the vertical riverward building face would
require a variance. We do not believe that the structure is made
either harder to see or less readily noticeable because there are
other structures in the full of view. We agree that it is hard to
see because of distance from the channel on the far side of the
river, but it is easy to see from the near side where all the boats
from the two marinas and public access ramp travel. Nothing in your
ordinance limits the visual impact concern to the main channel of
the river.
Deck Addition
e
Ever since our August, 1988 involvement in this project, we have had
concerns about the deck reconstruction. The deck was partially
removed at the time of our non-certification, which prompted us to
specify in condition #11 on page 3 of our September 10, 1988 letter:
"We wish to remind the City that replacement of the deck would
require a separate variance if the deck would encroach on the
setback area." The deck was completely rebuilt at the site of the
old deck, which does encroach upon the setback area.
AN EQUAL OPPORTUNITY EMPLOYER
Page Two
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The Rousseaus recei ed a copy of this letter, and it is our
understanding that t e City also informed the Rousseaus of this
requirement-Mr. Russ 11 told us on August 30, 1988 that he had
informed the Roussea s about the ordinance restrictions concerning
the tearing off and ebuilding the deck; that all they could do is
maintain the existin deck. At some point, the deck was completely
rebuilt.
The deck replacement falls under Subdivision lOG: "If a substandard
structure needs rep acing due to destruction, deterioration, or
obsolescence, such eplacement shall comply with the dimensional
standards of this 0 dinance." We do not believe that the deck
rebuilding falls un er Subdivision E or F, as stated in the
September 26, 1989 Planning Department memo. Subdivision E does not
apply because the de k does not increase the vertical or horizontal
riverward building f ceo Subdivision F does not apply because it is
not a lateral extens on of the substandard structure. The deck was
a pre-existing subst ndard structure and the above-cited G applies.
Without a variance nd a valid building permit, the City should
order immediate remo al of the deck.
Shoreline Grading
When we were out on he River on September 18, 1989, we noticed that
the Rousseaus have f lIed the shoreline with sand from the base of
the limestone to the ater's edge. Did the City issue a grading and
filling permit pursu nt to Subdivision 7F(i)? If not, we request
that the City init.ate the proper action to require complete
restoration and re-e tablishment of the natural vegetation.
In summary, it
conspicuous, that th
filled area must be
steps to ensure tha
terms of your St. Cr
If you have
Sincerely,
1\~\~ 8
Molly Shodeen
Area Hydrologist
cc: Dan McGuiness,
Steve Russell,
Dave Magnuson,
Ron Harnack, Ad
Sandy Fecht, Sh
Bill Clapp, Spe
Kathleen Wallac
Alan Rousseau
M283:kap
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the s truc ture is visually
deck was illegally reconstructed, and that the
estored. The City should take the appropriate
all aspects of this proj ect comply with the
ix Ordinance~
ions, please contact me at 296-7523.
AC
ity of Stillwater
ity Attorney
inistrator/Permits and Land Use Section
reland Hydrologist
ial Assistant Attorney General
, Regional Administrator
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"'SEH
ENCINEERS. ARCHITECTS. PLANNERS
222 EAST LITTLE CANADA ROAD, Sf PAUL, MINNESOTA 55717 672484-0272
September 20, 1989
STILLWATER,
COTTAGES OF
PHASE III
SEH FILE NO:
RE:
MINNESOTA
STILLWATER,
89081
Honorable Mayor and City Council
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Council Members:
This study addresses the feasibility of providing sanitary sewer
service to the Cottages of Stillwater, Phase III, and the vacant
property south of Cottage Drive. The enclosed location map shows
the area included in the study.
In March of 1988, we discussed the possibility of temporary
service for this area with the Council. At that time, we
prepared four options for temporary service to the subject area.
These options included temporary services to Cottages Phase III,
Cottages III and the proposed 102 unit apartment building plus
adjoining commercial property, the Cottages, apartments,
commercial and the fi ve acre parcel north of Cottages. The
fourth option was to install the larger regional lift station on
the proposed Woodland Lakes development. Since the Woodland
Lakes development did not proceed, option four has not been
constructed.
The proj ect was not started in 1988. Now the owner of the
Cottages of Stillwater, Mr. Teasdale, has requested sewer service
so he may develop the Cottages of Stillwater, Phase III.
This study area is included in the total regional lift station
area that was to be constructed in the vicinity of Curve Crest
Boulevard and County Road 5. Since this regional lift station
has not been constructed at this time, a temporary lift station
can be installed on West Orleans Street to serve the property
within the study area. Since the property between Cottage Drive
and Orleans Street has been platted and provides a permanent
sewer easement from the north edge to the south edge; it is
recommended that the sanitary sewer be installed in this
easement. When the permanent lift station is installed on County
SHORT ELLIOTT
HENDRICKSON INC
CHIPPEWA FALLS,
WISCONSIN
Sf PAUL,
MINNESOTA
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Mayor and City Cou cil
City of Stillwater
September 20, 1989
Page #2
Road 5, the sewer ill continue to serve as a gravity sewer and
flow to that poi t. At the time of permanent service the
temporary lift s ation can be removed from the manhole
constructed and t e forcemain abandoned. This will provide
permanent gravity service to this area in the future without
disturbing the area. Drawing No. 2 shows the proposed sewer
construction, lift station location and forcemain location. The
sewer will be 8" P C pipe ranging from 12' deep to 22' deep. The
lift station cons sts of two submersible pumps placed in the
precast concrete ma hole structure. The forcemain will be 4" PVC
pipe. The controls will be housed in a metal cabinet outside the
manhole similar t other lift stations in Stillwater. The
forcemain would di charge into the manhole at Washington Street
and West Orleans S reet. The sanitary sewer on South Washington
Street has enough capacity to provide service for this area until
such time as full development is realized, which includes a
portion of the Be son property and the properties adj acent to
Washington Street orth of Curve Crest Boulevard. We estimate
the total cost of he project to be $115,500, which includes 35%
for contingencies, administrative, engineering and legal costs. e
Ci ty policy is to assess the total proj ect cost to benefiting
properties. The pr perty benefiting by this project would be the
Cottages of Stillw ter, Phase III, and the commercial multiple
area between Cotta e Drive and West Orleans Street. We have
prepared a prelimi ary assessment, on an acreage basis, for the
benefited properti s. The enclosed table demonstrates the
possible assessment, using present City standards.
We find the proje t feasible and can best be constructed as
outlined in this eport. Once the regional lift station is
installed and serv.ce can be provided as outlined in the Compre-
hensive Sewer Plan, the City may salvage the pumps and equipment
from the temporary ift station.
We would be pleased to meet with the Council and discuss this
further at your con enience.
REM/cih
Enclosure
Sincerely,
~ ~orzL--
Richard E. Moore,
City Engineer
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ENCINEERS. ARCHITECTS. PLANNERS
~_.~-
LOCATION MAP
COTTAGES OF STILLWATER PHASE III
L.1. 256
FILE NO.
89081
DRG, NO
1
_::::::::::::::::-:-::1::::: :::::::~-::-::
,..:: ::: ::~~ ~ ~ ~: ~ ~ ~~~ ~~ :::::: ::::::::.....
...:........ . i:1i:.:.i::',~
w. ORLEANS 51
LIFT STATION
...
OUTLOT A
PARCE L 1 PARCEL 2.
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SCHOOL.
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12.
SANITARY SEWER CONSTRUCTION
COTTAGES OF STILLWATER PHASE 1\1
l.\. 256
ENGINEERS. ARCHITECTS. PLANNERS
FILE NO,
89081
ORG, NO
2
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ENGINEERS ESTIMATE FILE: 89081
DATE:9/20/89
COTTAGES OF STlll~ATER
PHASE III ..................... ..................... .... .................. w.
L. J. 256 COTTAGES ERICKSON.POST TOTAL
... ........... ......-........ ................. ...... .... ....... ......... w.....
UNIT EST. EST. EST.
ITEM UNIT PRICE QUANTI TV TOTAL QUANT I TY TOTAL QUANTITY TOTAL
........ ........... ........ -... ... ......... ....... .......... ..... .......... ............ ................ ..... ....... ........ .......... ...........
CONST. M.H. OVER EX. SAN. SEWER EA. S500.00 1 S500.00 0 SO.OO 1 S500.00
8" P.V.C. 12,14' DEEP L. F. S20.00 240 $4,800.00 0 SO.OO 240 $4,800.00
8" P.V.C. 14.16' DEEP L.F. S21.50 161 S3,461.50 0 SO.OO 161 S3,461.50
8" P.V.C. 16.18' DEEP L.F. S23.00 232 S5,336.00 85 S1,955.00 317 S7,291.00
8" P.V.C. 18,20' DEEP L.F. S24.50 70 S1,715.00 80 S1,96O.00 150 S3,675.00
8" P.V.C. 20.221 DEEP L.F. S26.00 353 S9,178.00 78 S2,028.00 431 $11,206.00
48" MANHOLE EA. S925.00 4 $3,700.00 2 S1,850.00 6 S5,550.00
EXESS DEPTH L.F. S100.00 26 S2,600.00 16 S1,600.00 42 $4,200.00
8" X 6" \lYE EA. S75.00 0 SO.OO 1 S75.00 1 S75.00
6"PVC SERVICE. L.F. $13.00 0 $0 . 00 20 S260.00 20 S26O.00
LI FT STATION L.S. S36,000.00 1 S36,000.00 0 SO.OO 1 S36,OOO.OO
4" P.V.C. FORCEHAIN L.F. S5.50 825 $4,537.50 0 SO.OO 825 $4,537.50
8" JACKED CASING L. F. S70.00 40 S2,800.00 0 SO.OO 40 S2,800.00
CONN. FORCEMAIN TO EX. SAN. SEWER EA. S200.00 1 $200.00 0 SO.OO 1 S200.00
TURF ESTABLISHMENT L.S. S1,000.00 1 S1,000.00 0 SO.OO 1 S1,000.00
............ .............. .............
S75,828.00 S9,728.00 S85,556.00
35X ENG, ADMIN, LEGAL S26,539.80 $3,404.80 $29,944.60
............ ......--.... ............
S102,367.80 $13,132.80 $115,500.60
PRELIMINARY ASSE SMENT ROLE
COTTAGES OF
PHASE III
L.I. 256
FILE: 89081
DATE: 9/20/89
ESTIMATED COST: 115,500.60
DESCRIPTION ACRES ASSESSMENT
ERICKSON-POST 2.22 $14,437.58
LOT 1,BLOCK 1 4.03 $26,208.75
LOT 2,BLOCK 1 4.35 $28,289.84
LOT 3,BLOCK 1 2.78 $18,079.49
LOT 1,BLOCK 2 4.38 $28,484.95
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17.76 $115,500.60
ASSESSMENT/ACRE
$6,503.41
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TO:
FROM:
DATE:
SUBJECT:
r illYYater
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THE BIRTHPLACE OF MINNESOTA J
MAYOR AND CITY COUNCIL
STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
OCTOBER 11, 1989
SECOND READING OF ZONING ORDINANCE AMENDMENT
REGARDING LIFE OF SPECIAL USE PERMITS AND
VARIANCES.
Attached is the codified Zoning Ordinance Amendment approved
for first reading at the meeting of October 3, 1989.
RECOMMENDATION: Approval of Ordinance ZAT/89-6 for second
readi ng.
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CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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ORDINANCE No.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY DELETING SECTION 31.27 (9)
AND ADDING A NEW SECTION 31.01, SUBDIVISION 27 (9) AND (10).
31.01
(9) LIFE OF SPECIAL USE PERMITS AND VARIANCES
(a) EXPIRATION
(1) Each approved variance or use permit shall expire and become null
and void twenty-four (24) months from the date on which it is
approved unless substantial physical improvements have been made
to the property in reliance on the permit or variance within that
time.
(2) A variance runs with the land unless otherwise specified as a
condition of approval. Once exercised, a variance remains in
effect.
(3) A approved use permit is transferable to future owners of the
subject property unless prohibited in the conditions of permit
approval.
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(4) Any use permit which as been exercised shall expire and became
void where the use has ceased for a period of twelve (12)
consecutive months, whether or not it is the intent of the owner
to abandon the use.
(b) EXTENSION OF PERMITS.
Any use permit may be extended for an additional period not to exceed one
(1) year by the City Council. A public hearing shall be held with notice
to affected property owners.
(c) REVOCATION OF PERMITS.
Where the conditions of approval of a permit have not been met or are not
complied with, the City Council shall give notice to the permittee, which
notice shall specify a reasonable period of time within which to perform
the conditions and correct the violation. If the permittee fails to
comply with the conditions, or correct the violation within the time
allowed, notice shall be given to the permittee of intention to revoke
the permit at a hearing to be held not less than ten (10) calendar days
after the date of the notice. Following the hearing and, if good cause
exists therefore, the City Council may revoke such permit.
(10) RESUBMITTAL OF DENIED, REVOKED, OR WITHDRAWN APPLICATIONS:
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(a) When any permit is denied or revoked, no new application for the
same, or substantially the same project, may be filed for a period
of one (1) year from date of the denial or revocation. Where an
application has been denied without prejudice, or withdrawn,
application for the same or substantially the same project may be
filed within the period of one (1) year.
ADOPTED BY THE CITY COUNCI THIS
Attest:
DA Y OF
, 1989.
Mayor
City Clerk
Publish:
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AN ORDINANCE ADOPTING STILLWATER CITY CODE
SECTION 23.01, SUBD. 8(a) AND DELETING SECTION 52.04
AN ORDINANCE CHANGING OPEN
BURNING RESTRICTIONS AND PERMITTING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF STILLWATER ORDAINS:
(1) Section 52.04 of the City Code is hereby deleted and
Sections 23.01, Subd. 8(a) through Subd. 8(h) are hereby
added to the City Code and these new sections shall read as
follows:
"Subd. 8(a) OPEN BURNING - DEFINITIONS:
(1) Scope. As used in Subd. 8(a) the following words shall
have the meanings defined herein.
(2) "Approved waste burnerll means an incinerator or other
burner constructed of fire resistant material having a
capacity of not less than three bushels, a cover which is
closed when in use, and maximum openings in the top or sides
no greater than one inch in diameter.
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(3) IlBuilding materialll means lumber, wood shakes, and
other wood products, but shall not include composit
shingles, tar paper, insulation, wall board, wiring, or
other similar smoke producing materials.
(4) IlDiseased shade tree" means any tree infected by dutch
elm disease or oak wilt disease or any tree constituting a
hazard to a disease control program established by the
Department of Agriculture pursuant to Minnesota Pollution
Control Agency for the intermediate or final disposal of
solid waste.
(5) IlDisposal facilityll means a facility or site permitted
by the Minnesota Pollution Control Agency for the
intermediate or final disposal of solid waste.
(6) IlGarbagell means discarded material resulting from the
handling, processing, storage, preparation, serving, and
consumption of food.
(7) 1l0pen burningll means the burning of any matter whereby
the resultant combustion products are emitted directly to
the atmosphere without passing through an adequate stack,
duct, or chimney.
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(8) "Refuse collection service" means a public or private
operation engaged in solid waste collection and
transporation.
(9) IlRubbishll means nonputrescible solid waste, such as
paper, cardboa d, yard clippings, and other natural matter
not including arbage.
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(10) "Wetland' means natural marsh where water' stands
near, at, or a ove the soil surface during a significant
portion of mos years.
Subd. 8(b) OPEN BURNING RESTRICTION.
No person shal cause, allow, or permit open burning.
Subd. 8(e) PROH BITION OF SALVAGE OPERATIONS BY OPEN BURNING.
(1) Restricti
salvage operat
(2) Permit re
or process mot
reduced by ope
equipment whic
the Minnesota
Subd. 8 ( d)
Open burning m
obtained pursuant t
conducted in accord
the conditions of t
Subd. 8(e)
No person shall conduct, cause, or permit
by open burning.
uired. No person shall possess, transport,
r vehicles or scrap metals which have been
burning or incineration in a device or
has not received an operating permit from
ollution Control Agency.
BURNING BY PERMIT.
y be conducted if an open burning permit is
this chapter and the open burning is
nce with the requirements of this chapter and
e permit.
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APPLICATIONS.
(1) Applieati n. Application for open burning permits may
be made in cas s where fires are proposed to be set for the
following purp ses:
(a) bona fide instruction and training of fire
fighting ersonnel and for the testing of fire
extinguis ing equipment;
(b) elimination of fire or health hazards which cannot
be abated by any other practicable means;
(e) acti ities in accordance with accepted forest or
game management;
(d) gro nd thawing for utility repair and
construction;
(e) the disposal of trees, brush, grass, and other
vegetati e matter in the development of land and
right-of-way maintenance.
(f) the disposal of diseased shade trees;
(9) the disposal of trees and brush in areas outside
the metr politan area;
(h) act'vities in accordance with accepted ~
agricult ral practices;
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(i) the disposal of building material generated by
construction; and
(j) the disposal of building material generated by the
demolition of noncommercial or noninstitutional
structures.
(2) Restrictions. A burning permit shall be issued on a
prescribed form to the applicant if the burning is for one
of the purposes set forth in (1) and the applicant agrees
that all burning shall be conducted under the following
circumstances:
(a) the prevailing wind at the time of the burning
shall be away from nearby residences.
(b) the burning shall be conducted as far away as
practical from any highway or public road and
controlled so that a traffic hazard is not created.
(e) the burning may not be conducted during the
duration of an air pollution alert, warning, or
emergency.
Cd) the recipient of the permit or his authorized
representative shall be present for the duration of any
fire authorized by the permit.
(e) prior notice shall be given to the local
department of natural resources forest officer, local
fire marshal, or local fire chief of the time and
location of any fire authorized by the permit.
(f) open burning for ground thawing shall be conducted
in accordance with the following additional
restrictions:
(1) fuels and starting materials shall be of a
kind which do not generate appreciable smoke.
(2) coke used for ground thawing within 500 feet
of dwellings or occupied buildings shall contain
less than one percent sulfur.
(3) ambient air quality standards for sulfur
dioxide and carbon monoxide shall not be exceeded
at occupied residences other than those located on
the property on which the burning is being
conducted.
(4) propane gas thawing torches or other devices
causing minimal pollution shall be used when
practicable.
Subd. 8(f) CONFLICTING LAWS.
Nothing in this chapter shall be construed to allow open
burning in those areas in which open burning is prohibited by
other laws, regulations, or ordinances.
Subd. 8eg) REC ATIONAL FIRES.
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Subd. 8(h)
Fires set for ecreational, ceremonial, food preparation, or
social purposes are permitted provided only wood, coal, or
charcoal is burned.
SED SHADE TREE OPEN BURNING SITES.
(1) Open burn'ng permitted. Open burning of diseased shade
trees shall be permitted provided no reasonable alternate
method of disp sal exists, a permit is obtained pursuant to
this chapter a d the open burning is conducted in accordance
with the requi ements of this chapter and the conditions of
the permit.
(2) Site loea ion. The site shall be located in accordance
with the folIo ing conditions or as approved by the director
of air quality
(a) not
building;
( b ) not
( e) not
strip;
( d) not
( e) not
ess than 1,000 feet from an occupied
ess than 1,000 feet from a public roadway;
ess than one mile from an airport or landing
ess than 300 feet from a stream; and
ithin wetland.
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(3) Site prep ration. The site shall be prepared in
accordance wit the following:
(a) acce
which sha
(b) appr
roads on
shall be
( e ) a pe
indicatin
rates, th
pertinent
entrance.
(d) surf
and away
s to the site shall be controlled by a gate
1 be locked when an attendant is not on duty.
ach roads to the disposal site and access
he site shall be maintained so that they
assable at all specified times.
manent sign identifying the operation
the hours and days the site is open for use,
penalty for nonconforming dumping, and other
information shall be posted at the site
ce water drainage shall be diverted around
rom the operating area and ash storage areas.
(4) Site oper tion. The site shall be operated in
accordance wit the following conditions:
(a) diseased shade trees and/or tree trimmings
shall be isposed of on the site.
(b) qualified personnel for general direction and
operation of the site shall be on duty at all times
while the site is open for use and for the duration of ~
any fire on the site. ,.,
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(e) burning shall be conducted only when weather
conditions are such that a nuisance, health, or safety
hazard will not be created. .
Cd) prior notice shall be given to the local fire
authority of the time and duration of each fire.
(e) adequate dust control shall be provided on the
site and on the roads leading to the site.
(f) ash residue shall be collected on a periodic basis
and disposed of in an agency-permitted sanitary
landfill.
(5) Site termination. The site shall be terminated in
accordance with the following:
(a) All materials extraneous to the site shall be
removed and disposed of in an appropriate manner.
(b) the site shall be returned to a state equal to its
surroundings."
(2) In all other ways the Stillwater City Code shall remain in
full force and effect.
(3) This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Enacted this
day of
, 1989.
Wally Abrahamson, Mayor
Attest:
Mary Lou Johnson, Clerk
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ORDINANCE
An amendment to the Zoning Ordinance Chapter 31.01 of the City Code by
deleting 31.01 Subdivision (3) i and replacing it with new (3) i.
i: land shall be dedicated to the City of Stillwater for recreation or other
open space purposes consistent with the standards and criteria in the adopted
Park Dedication Policy.
and
Amending the Subdivision Ordinance Chapter 31.06 by deleting 31.06 Subdivision
9 (2) c and replacing the deleted section with new 31.06 9 (2) c.
c: land shall be dedicated to the City of Stillwater for recreation or other
open space purposes consistent with the standards and criteria contained in
the adopted Park Dedication Policy.
Approved this
day of October, 1989.
Mayor
City Clerk
Published:
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CITY OF STILLWATER
PARK DEDICATION POLICY
POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF
LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE COt-lv~YJID OR
DEDICATED TO THE PUBLIC FOR PARK OR RECREATION PURPOSES OR WITH RESPECT
TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE
OF DEDICATION.
1. AUTHORITY:
The state of Minnesota has enacted Minnesota statutes 462.358 , subdivision
2(b) which gives the authority to the Cities to require that a reasonable
portion of any proposed subdivision be dedicated to the public, or
preserved for public use as parks, playgrounds, trail or open space. The
city of Stillwater has, by this dedication policy, chosen to exercise this
authority in establishing minimum requirements for meeting this public
need.
2.
PURPOSE:
The City Council recognizes that preservation of land for park, playground
and public open space purposes as it relates to the use and development
of land for residential, commercial/industrial purposes is essential to
the maintaining of a healthful and desireable environment. The City must
not only provide these necessary amenities for our citizens today, but also
be insightful to the needs of the future.
It is recognized by the City Council that the demand for park, playground
and public open space within a municipality is directly related to the
density and intensity of development permitted and allowed within any given
area. Urban development mean greater numbers of people and higher demands
for park, playground and public open space. To disregard this principle
over-tax existing facilities and diminish the quality of the environment.
The City's Park System Plan Standards has established minimum community
criteria for meeting the needs of the residents of Stillwater. In order
to meet the community needs for parks and open space, ten (10) acres of
park shall be required for each 1,000 residents of which seven (7) acres
shall be designated as neighborhood parks.
This shall be the standard upon which the City shall establish its parkland
and parks cash dedication.
It is the policy of Stillwater that the following guidelines for the
dedication of land for park, playground and public open space purposes (or
cash contributions in lieu of such dedication) in the subdividing and
developing of land are appropriate.
3.
RESIDENTIAL PARKLAND DEDICATION
The amount of land to be dedicated shall be based on the gross area of the
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proposed subdivision, proposed type of dwelling unit and density. Census
data for 1987 of 3.2 residents for single family, 2.0 for townhouse/quad.
and 1.5 for apartmen s has been used as density standards for formulating
calculations in meet ng the criteria of park needs of Stillwater residents.
The formula
The greater
Dwellin
o - 1.9
2.0 - 3.5
3.6 - 5.9
6 - 10
10 +
dedication:
per acre or 2) zoned density.
Land to be Dedicated
per acre
per acre
per acre
per acre
per acre
7%
8%
9%
10%
Additional .5% for each
unit over 10
4. GUIDELINES FOR ACCE TING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES
A. Land proposed to be dedicated for public purposes shall meet
identified nee s of the City as contained in the Comprehensive Guide
Plan.
Prior to ded cation, the subdivider shall deliver to the City
Attorney, an abstract of title or registered property abstract
evidencing g d and marketable title, free and clear of any
mortgages, l"ens, encumbrances, assessments and taxes. The
conveyance do uments shall be in such form acceptable to the City.
B.
C. The required dedication and/or payment of fees-in-lieu of land
dedication sh 11 be made at time of final plat approval.
D. The removal 0 trees, topsoil, storage of construction equipment,
burying of co struction debris or stockpiling of surplus soil on
dedicated land is strictly forbidden without the prior written review
by the Park nd Recreation Board and approval of the Community
Development D'rector.
E. Grading and u ility plans, which may effect or impact the proposed
park dedicati n, shall be reviewed and approved by the Community
Development irector and Park and Recreation Board prior to
dedication or at such time as is reasonably determined.
F.
To be eligibl
located outsi
the site has
unsuitable fo
dedication.
for park dedication credit, land dedication is to be
e of drainways, flood plains or ponding areas after
een developed. Grades exceeding 12 percent or are
parks development may be considered for partial
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Where ponding has been determined to have a park function, credit
will be given at a rate of 50 percent of the pond and adjoining land
areas below the high water level; a minimum of 70 percent of land
above the high water mark shall be dedicated before pond credit is
granted. Other City dedication policies relating to pond dedication
must also be compiled with.
In those cases where subdividers and developers of land provide
significant amenities such as, but not limited to swimming pools,
tennis courts, handball courts, ball fields, etc. within the
development for the benefit of those residing or working therein,
and where, in the judgement of the Director of Parks and Recreation,
such amenities significantly reduce the demands for public
recreational facilities to serve the development, the Director may
recommend to the Parks and Recreation Commission that the amount
of land to be dedicated for park, playground and public open space
(or cash contribution in lieu of such dedication) be reduced by an
amount not to exceed 25 percent of the amount calculated under
paragraph 2 above.
G. The City, upon review, may determine that the developer shall create
and maintain some form of on-site recreation use by the site
residents such as tot lots and open play space. This requirement
may be in addition to the land or cash dedication requirement.
5.
CASH PAYMENT IN LIEU OF DEDICATION, RESIDENTIAL
If, at the option of the City upon review and recommendation of the Park
and Recreation Board, it is determined that a cash payment in lieu of land
dedication shall be made, the cash shall be placed in a special fund for
Parks and Recreation use and deposited by the developer with the City prior
to final plat approval.
The City Council, upon review and recommendation of the Park and Recreation
Commission, shall annually determine by resolution the park cash dedication
fee per residential unit. The fee shall be determined by the average
market value of undeveloped residential property by zoning classification,
served by major City utilities, divided by the number of units per acre,
which shall provide the equivalency of twelve acres per thousand
population.
The cash dedication, effective January 1, 1988 shall be:
Housing Density Cash Eq. Per Dwelling Unit
0 - 4 Units Per Acre $400
5 - 8 Units Per Acre $250
9 - 15 Units Per Acre $200
16+ Units Per Acre $150
Cash dedication shall be determined/computed at the rate in effect at the
time of final plat.
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6.
INDUSTRIAL/COMMERCI
DEDICATION REQUIREMENTS
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Subdividers and de elopers of commercial/industrial land, including
commercial/industria portions of Planned Developments, shall be required
at the time the site plan is approved and building permits are issued to
dedicate to the City for park, playground and public open space purposes,
an amount of land p to 7.5 percent of the net land area wi thin the
development as dete ined by the City according to the guidelines set forth
in Section 3 of this policy.
In those cases wher the City does not require park or open space within
a development, the C ty shall require payment of fees in lieu of such land
dedication in an am unt equal to $.10 per square foot of net land area,
or such amount as de ermined by the City Council based on the value of the
payments. Cash shal be contributed at the time of approval of each final
plat or at the time f site plan or building permit approval as determined
by the City.
7. CASH PAYMENT IN LIE OF DEDICATION, COMMERCIAL AND INDUSTRIAL
A credit of up to 25 percent of the required dedication may be allowed by
the City Council for n-site stormsewer, water, ponding and settling basins
provided that such rovements benefit identifiable park and recreation
water resources.
The City Council, review and recommendation of the Parks and e
Recreation Commissi n, may annually review and determine by resolution an
adjustment to the in ustrial/commercial fee based upon the City's estimate
of the average value f undeveloped commercial/industrial land in the City.
8. REQUIRED IMPROVEMEN S
Developers shall be responsible for making certain improvements to their
developments for p rk, playground and public open space purposes as
follows:
A. Provide finis ed grading and ground cover for all park, playground,
trail and pub ic open spaces within their development as part of
their develop ent contract or site plan approval responsibilities.
Landscape scr ening, shall be in accordance with City policy.
Provide suffi
neighborhood
boundary corners for the purpose of erecting park
he developer shall contact the appropriate Parks and
artment personnel for the purpose of identifying park
rs.
B.
Establish par
limit signs.
Recreation De
property corn
C.
public road access of no less than 300 feet for
and additional frontage for community parks.
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ORDINANCE
An Ordinance amending the Stillwater City Code, Section 31.01, Subdivision 5,
entitled Zoning/Establishment of District.
Section 1. The City Council of the City of Stillwater, Minnesota does ordain:
that the zoning map is amended as indicated on the attached map
marked "Exhibit A".
Section 2. This Ordinance shall be in full force and effect from and after
its passage and publication according to law.
Adopted by the City Council this
day of
, 1989.
Mayor
Attest
City Clerk
Published:
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SUBJECT:
COUNCIL
OMMUNIT
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~ENT DIRECTOR
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TO:
FROM:
DATE:
PROPER
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f....' Council, Staff has met with Mr.
'... the purchase of land as shown on
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Since this He
lind and de~el
the attached m
onsider
lowing
~. Pri ce
Purcha
t Rate
,per Mo h
e There are hind I ncrern t
1 and is purCha idence Il b
parking lot is n the s e.
RECOMMENDATION of Pur se
ATTACHMENT: ' L Purcha Agree t.
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I-I 96
$97,000 (City appraisal)
15 years
8%
$927.00
nt to make the payments once the
, olished or rented out until a
ement.
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CITY:HAL 16 NORTH URTH STI
PHONE: 612-439-6121
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. Individunl Senor
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dtransfer, ntered;
Estate Vlue
)not req ed
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No delinquent t8xe~
Certificate q f ~'.
( )filed 1/ (
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County
ditor
By
eputy
(reserved for mortgage r istry tax pa
THIS CONTR T FOR
Glad ce R. Li
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Seller (whether one
Minnesota
1.
Lots 1 an
Stillwate
of the Re
e
together with al
'! .
2, TITLE. Seller w
following excep
(a) Covenants" stricti on 'dec1
(b) Reservatio f mineral!' or mine') tigh
(c) Building, z ng and s ' ,division WB a
(d) ~~;c~i:~e:~ u Xa~tt~~ep{r~~Sr:~'6!t~t:i~i I
(e) The folJowi JJiens or ericumbrancesi
'itle to th'
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(reserved lor recording data)
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'HTGAGg RgGJSTRY TAX DUE HEREON;
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Leslie R. Lind and
oint tenflnts
(marital status)
Washin
, Purchaser (whether one or more).
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j,nd Purchaser hereby buys, real property in
i 'oe80to, descrihed as follows;
~ginal Town (now City) of
!~cl and on file in the office
~ngton County, Minnesota
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JII,
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.'lbelonging thereto (the Property).
)1
; J.,I,on the date of this contract, subject only to the
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bO,s and easements of record, if any;
)r the State of Minnesota, if' any;
"gula tions;
r,ff of special assessments which are payable hy
.,',nl,ri3ct; and '
e ~ Fints of record
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3. DELIVERY OFIDlED AND EVIDENCE OF ,I LIl. Upon Purchaser'. prompt and full performance
of this contract, ~ener shaH; i
(a) Execute, a~J!lowJedge and deliver to Pur h se~ a Warranty Deed, in
~~fl~~~b~ee",'t;ti:~:ve~,~,:',:ng market;~,: Ie U'r tlth. Property to Purch..er, subject only to the
m Those ~~~ePtionB r~ferred to in para ,r'phi2(a), (b), (c) and Cd) of this contract;
(ii) Liens, enplmbranc~., adverse claims ,!othermatt.ers which Purchaser hns created, suffered
or permitted to aCCJ'IJle afte!" the date Ilthi~ contract; and
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;and
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(b) Deliver to Purchaser the ab tract of title to the Property or, if. he title is rcg-istercd. the owner's
duplicate certificate of title.
4. PURCHASE PRICE. Purchase shall pay to Seller, at a place desi nated b
e
Seller
, the sum of
Ninet -seven Thousan, and 00/100 ~----~----~------($97,000.OO ),
as and for the purchase pHee f r the Property, payable as follows $97,000.00 with
interest thereon' fr m t)1e 1st of January ,1,990, at eight percent
(8%) pe~ annum', pay ble in,monthiy install~ents of $927.00 beginning
Januar~, 1, 1990,an o~ the 1st day of ead~ and ~very month
thereafter until Ja uary 1, 2005, at whichltime the entire balance
of principal and.ac rued interest shall be due and payable.
Payments shall b~ c edited first to accrued interest and the
remainder to prinei ale
e
5. PREPAYMENT. Unless other ise provided in this contract, Purchaser shall have the right to full~ or
partially prepay this contract t any time without penalty. Any partial prepayment shall be apphed
first to payment of amounts th n due under this contract, including- unpaid accrued interest, and ~he
balance shall be applied to the rincipal installments to be paid in the inverse order of their maturity.
Partial prepayment shall not ostpone the due date of the installments to he paid pursuant to this
contract or change the amoun of such installments.
6, REAL ESTATE TAXES AND SSESSMENTS. Purchaser shall pay, before penalty accrues, all real
estate taxes and installments 0 special assessments assessed against. the Property which are due and
payable in the year 19 89 and in all subsequent years. Real estate taxes and installments of special
assessments which are due an payable in the year in which this contract is dated shall he paid as
follows: Purchaser shall pay the real estate taxes payable in the
year 1990 and subse uent years and all speeial assessments levied
or pending as of th date of this contract.
Seller warrants that the real es ate taxes and installments of special assessments which were due and
payable in the years preceding the year in which this contract is dated are paid in full. e
7. PROPERTY INSURANCE.
(a) INSURED RISKS AND MOUNT. Purchaser shall keep all buildings, improvements and
fixtures now or later locat d on or a part of the Property insured against loss by fire, extended
coverage perils, vandalis .' m.ali~ious mischicf and, if applic:ahle, steam boiler explosion for at
least the amount of f ll.lnsurable va 1 "e 'C,. .
If any of the buildings, im rovements or fixtures are located in a federally designated flood prone
area, and if flood insuranc is available for that area, Purchaser shall procure and maintain flood
insurance in amounts rea onably satisfactory to Seller.
(b) OTHER TERMS. The insu ance policy shall contain a loss payableclausein favor of Seller which
provides that Seller's righ to recover under the insurance shall not he impaired by any nets or
omissions of Purchaser 0 Seller, and that Sellcr shall otherwise be afforded all rights and
privileges customarily pro ided a mortgagee under the so-called standard mortgage clause,
(c) NOTICE OF DAMAGE, n the event of damage to the Property by fire or other casualty,
Purchaser shall promptly ive notice of such damage to Seller and the insurance company.
8, DAMAGE TO THE PROPER Y.
(a) APPLICATION OF INS RANCE PROCEEDS. If the Property is damaged by fire or other
casualty, the insurance pr ceeds paid on account of such damage shall be applied to payment of
the amounts payable by P . rchaser under this contract, even ifsuch amounts are not then due to he
paid, unless Purchaser ma es a permitted election described in the next paragraph. Such amounts
shall be first applied to un aid accrued interest and next totheinstallments to be paid as provided
in this contract in the inv rse order of their maturity. Such payment shall not postpone the due
date of the installments 0 be paid pursuant to this contract or change the amount of such
installments. The halance of insurance llrocecns, if any. l)hnll he the property of Purchaser.
(
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after curing any such default, and if the mo t ugpes in any prior mortgages and sellers III any
prior contracts for deed do not require othcrws i Pprchascr may elect to ha ve that portion of such
insurance proceeds necessary to repair, rcpla :_lr rlcstorc the damn~cd Propt'rty (the repair work)
deposited in escrow with a bank or title insur~e company qualified todo business in the State of
Minnesota, or such other party as may be mu illy ~grceable to Seller and Purchnser. The elect ion
may only be made by written notice to Seller ,lhip sixty days after the damage occurs, Also, the
election will only be permitted if the plans an 'peqifications and contracts for the repair work are
approved by Seller, whichnpproval Sener s 1. II J}ot unreasonably withhold or delay. If such a
permitted election is madc'by Purchaser, Se I 'ahd Purchaser shall jointly deposit. when paid,
such insurance proceeds into such escrow, Ilsuqh insurance proceeds are insufficient for the
repair work, Purchaser shall, before the co . etlcement of the repair work, deposit into such
escrow sufficient additional money to insu e.~hel full payment for the repair work. Rven if the
insurance proceeds are unavailable or ar , '~S~ffficient to pay the cost of the repair work,
Purchaser shan at an times be responsible ',0 I. ay" ,the full cost of the repair work. All escrowed
funds shall be disbursed by the escrow e 1 in I accordance with generally accepted sound
construction disbursementprncedures. The c tsiincurred or to be incurred on account of sueh
escrow shall be deposited by Purchaser into h ~scrow befqre the commencement of the repair
work. Purchaser shall complete the repair wr asisoon as reasonably possible and in a good and
workmanlike manner, and in any event the pit work shall be completed by Purchaserwithin
one year after the damage occurs. If, followi II, helcompletion of and payment for the repair work,
there remail) any undisbursed escrow fun ISUFh funds shall be applied to payment of the
amounts puyable by Purchaser under this ) 'tra~t in accordance with paragraph 8 (a) above,
9. IN.JURY OR DAMAGE OCCURRING ON TH, RC)PERTY.
(a) LIABILITY. Seller shall be free from liab U'iy llnd claims for damages hy reason of injuries
occurring on or after the datl! of this contract ( n~ person or pl'r80nlWr property while on or about
the PI'operty. Purchaser shall defend nncl II iHclunify Seller from all liability. loss, ('osts and
ohligations, includ ing rcasuna hie att(!rn~~s' n~s, lll~ ac~ount of or arising out of l.l,nY,such ir~juri(~s.
However, Purchaser shall have no hablht. ~ ohllgatlOn to Seller for sueh II1JUl'les wlllch are
caused hy tlH' negligl'nce or intentionnl wru I CuI acts or omissions of Seller.
(hI LIABILITY INSUHANCF.:. Purchaser shall Pbrchaser's own expense, procure and maintain
liability insurance aJ{ainst c1ainui for boclil i'~jllry, death and property damllge occurring on or
ahout the Property in llmounts reHsonab ~'I!$a~isfnctory to Seller and naming ,Seller as an
additionul insured. ii .
10. INSlJRANCR, GENEHALLY. The insurance w ,h l'urchaser is required to procure and maintain
pursuant to paragraphs 7 and 9 ofthis contract sU b~ issued by an insurance company or companies
li('ensed to do husiness in the Stnte of Minnt's( ti a1~d acceptahle to Seller. The insuran('e shall he
maintained by Purchaser at all times while nn~m~lUnt remains unpaid under this contract. ~'he
insurance policies shall provide for not less thai n days written notice to Seller heforecllncellatlOn,
non-renewal, termination or change in cove, rag ,~,~i ',n~, Purchaser shall deliver to Seller a duplicate
original or certificate of such insurance polky (I" )I~cies.
] L CONDEMNATION. If all or any part of the Pro I c ~ if; taken in condemnation proceedings instituted
Ulull'r power of eminent domain or is con veyed in Ii 1;1 U~ereof uncler threat of con demnation, the money
paid pursuant to such condemnation or conveya 'i~ lieu thereof shall be applied to payment of t.he
amounts payable by Purchaser under this contr 1 . ~ even if such amounts are ~ot then due to be ]lal~1.
Such amounts shall be applied first to unpaid a ,.' .edi interest and next to the 1I1stallments to he paid
liS provided in this contract in the inverse order () !ei~ maturity, Such paymeni shull not postpO!H:> the
due date of the instaJlmentsto be paid purSU'l ! t(~ this contract or chan~e the amount ot such
installments. The balance, if any, shall be tiler pe~ty of Purchaser.
12. WASTE, REPAIR AND LIENS. Purchaser h ill pot remove OJ' demolish any buildings, im-
provements or fixtures now or lntl~r located on or n ar~ of the Property, ~or shall Pur~~I~asercommit ~)r
allow waste of the Property. Purch!lser shall ,~ ~tqin the Property In go(~d COJl(hh~lIl and rcp~lr.
Purchaser shall not create or permIt to accrue 1 s ~)r adverse cllums agumst the I )"operty whICh
constitute a lien or claim against Scller's inter .n !the Propcrty. Purchaser shall pay to Seller all
amounts, costs and expenses, including reason q a~torneys' fees. incurred hy Seller to remove any
such liens or adverse claims. ' !
13. DEED AND MORTGAGE REGISTRY TAXES. '"erlshull, upon Purchaser's full performance of this
contract, pay the deed tax due upon the record ',or filing of the deed to he delivered by Seller to
Purchaser. The mortgage registry tax due upon t teQoJ'(liug or filing of this contract shall he paid by
the party who records or files this contract; howe, this provision shall not impair the ri~ht of Seller
to collect from Purchaser the amount of such ta f1tuj.tlly paid by Seller as pl'Ovided in the applicable
law governin~ default and service of notice of t., .ination of this contract.
14. NOTICE OF ASSIGNM.8NT. I'feither Seller or P, h~ser assigns theidnterestin the Property, a copy
of such assignment shall promptly be furnishc, . t!le non-nssigning party,
15. PROTECTION OF INTERES1S. If Purchaser f; i, Itolpay any sum of money required under the terms
of this contract or fails to perform any ofPurch '. ,r'~ obligations as set forth in this contract, Seller
may, at Seller's option, pay the same or cause t e' orne to be performed, or both, and the amounts so
paid by Seller and the cost of such performance s 'I be payable at once, with interestat the rate stated
in paragraph 4 of this contract, as an additionlll;" mlunt due Seller under this contract.
J f there now exists, or if Seller hereafter creates, S!~"....' ~ro r permits to accrue, any mortJ{age,con tract for
deed, lien or encumbrance aJ{ainst the Property Wi lcl is not herein expressly assumed by Purchnser,
and provided Purchaser is not in default under th c ntract, Seller shall timely pay all amounts due
thereon, and if Seller fails to do so, Purchaser m , t Purchaser's option, pay any such delinquent
amounts and deduct the amounts paid from the i~ stllment(s) next coming due under this contract.
] 6. f)1~FAULT. The time of performance by Purcha. . of it he terms of this contract is an essential part of
this contract. Should Purchaser fail to timely pedrmlany ofthe terms of this contract, Seller may, at
Seller's option. elect to declare this contract Cll ,. eUed and terminated by notice to Purchaser in
accordance with applicable law. All right, title an", nt~', rest acquired under this contract by Purchaser
shall then cease and terminate, and all improvem ts ade upon the Property and all payments made
by Purchaser pursuant to this contract shall belo t Seller as liquidated damages for breach of this
contract. Neither the extension of the time for pay' erit of any sum of money to be paid hereunder nor
any waiver by Seller of Seller's rights to declare th cdntrnct forfeited by reason of any breach shall in
any manner tffect S" eller's right to cancel this cont, .., ct ~ecause of defaults subsequently occurring, and
no extension of time shall be valid unless agreed 0 itt writing, After service of notice of default and
failure to cur such default within the period allol\1d b~ law, Purchasershall, upon demand, surrender
possession Otthe Prpperty to Seller, but Purchase " hall be entitled to possession of the Property until
the expiratio of such period.
17. BINDING E ~FECT. The terms ofthis contract sh 11 ~un with the.land and bind the parties hereto and
their successors in interest.
JJJJjjL ". .....'I,,~..., 'U""" "...... .........._.___ -
Hl. ASSESSMENTS BY OWNgRS' ASSOCIATION. If the Property is subjed to a I'ccordl!ll declaration
providin~ for assessment::; to 1 e levied ogainst the Propllrly hy any owners' association, which ~ .~
assessments may hecome a lien against the Property if nllt paid, then;
(a) Purchaser shall promptly p y, when due, oil assessments imposed hy the owners' associalion or
other governing body as required by the provisions of'the declaration or other related documents; ir.
and
(b) So long as the owners' asso iation maintains n master or hlanket policy of insurance against fire, e
extended coverage perils a d such other haznrds and in such amounts as an~ required hy this
contract, then:
(i) Purchaser's oblig'atio in this contract to maintain hazard insurance coverage on the
Property is satisfied; , nd
(ii) The provisions in par. graph 8 of this contract regarding application of insurance proceeds
shall be superceded h the provisions of the declaration (}I' other related documents; and
(iii) Tn the event ofa dish'i ution ofinsuranc~proceeds in lieu of restoration orrepnirfollowing an
insured casualty loss 0 the Property, any such proceeds payahle to Purchaser arc herchy
assigned and shall he aid to Seller for application to the slim secured hy this contract, with
the excess, if any, pui to Purch ascI'. '
:W. ADDITiONAL TERMS:
SELLER(S)
PUHClIASEWS) CITY OF STILLWATER
-
Leslie R. Lind
By
Wally Abrahamson, Mayor
By
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Gladyce R. Lind
Mary Lou Johnson, Clerk
State of Minnes ta
l
f II.
County of Washin ton
The foregoing instrument was a knowledged before me this _ day of , 1~) 89 ,
by Leslie R. Lind and lad ce R. Lind husband and wife as ioint
tenants
NIlT,\IU!\1. STAMP Oil SEAl. 1011 O'rm:n I'ITl.t: Ol! nANKl
SlliN,\TlJIU: OF NOT"ny 1'1111/.11: Oil OTllt:1! llFFII'I'\1.
},,-
County of
, H) li9.. ,
Clerk, of th~___
e
NOTA'i1AI. STAMP Ofl St:M. ((I/( oTm;u T'TU: OllllANKl
.-.,.-, Sj(;r\il;rllll~: OF NoT"'!\' l'IIIIi.WIIIl OTJl~:JlIWFW)'\1.
Tax Statements lor Ihe real propellydescribed inlhis ins/Il/menl should be senllo
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
TillS INsTnllMI':NT IV Ml JIIIAfo,.EIlIIY IN Mt:' ANI I AllllnESSI
David T. Magnuson
324 South Main stre t
Stillwater, MN 550 2
FAJ/.lJHE TO HECOHIl on JolLE TillS CONTHACT FOf{ DEED r.,.1A Y (liVE O'J'IIEH PAH'J'JES
e~
STATE
DEPARTMENT io' , RJVENUE
).1
1 < ,
Mail StationJi'34o
St. Paul, MN 55, 46~3340
(612) 296..0 851
Fax (612) 29 -2166
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October 6, 1989
Mr. R. H. Stafford
Washington County Auditorrrreasurer
Washington County Courthouse
Stillwater, MN 55082
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Ms. Mary Lou Johnson
Stillwater City Clerk
216 No. 4th Street
Stillwater, MN 55082
RE:
Kern & Pauley
City of Stillwater, County of Washi
Application #342533
Parcel #10200-2450
Mr. Scott Renne
Washington County Assessor
Washington County Courthouse
Stillwater, MN 55082
Clerk
School District #834
1875 Greeley S1. S.
Stillwater, MN 55082
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t,n, State of Minnesota
I
The above application has been filed with the Co . m~ssioner of Revenue for reduction in the
assessed valuation of certain real estate. i!
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The application states that a reduction in the ss~ssed valuation of the above-described
property is warranted, because: I
The market for racquet ball clubs is very pio'
e.
AN EOUAL OPPORT ITY EMPLOYER
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Application #342533
October 6, 1989
Page Two
For taxes assessed in 1988 and ayable in 1989.
ORIGINAL VALUES
CORRECTED VALUES
MARKET VALUE
TAXC
MARKET VALUE ASSESSED VALUE
$1,014,800.00
$677,000.00
$33,592.00
Minnesota Statutes, Section 27 .19, provides that where the reduction in assessed valuation
of any property exceeds $100, 00.00 and/or the reduction in tax capacity value exceeds
$12,200.00 the city, town, scho I district, and county in which the property is located may
request a hearing to object to t e reduction. If your political subdivision desires to have a e
hearing on this application, pIe se send your request to me within 20 days.
If I receive no request for a h aring within 20 days from any of the political subdivisions
affected by the reduction, the a plication will be considered by the Commissioner of Revenue
on its merits.
You may phone me at (612) 29 -0185 if you wish further information. You may also contact
the local assessor or county ass ssor if you have any questions relating to the reason for the
proposed reduction.
Sincerely,
{Zu'L V j
MICHAELP. WANDMACHE Director
Local Government Services Di . sion
MPW:smcI4
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO.
Action Rental
American Linen Supply
Anchor Paper Company
Arrow Building Center
A T & T
A T & T
A T & T
Boyum Equipment
Brockman Blacktop
Bryan Rock Products
Capitol Communications
Century Power Equipment
Clarey's Safety Equipment
Con/Spec Corporation
Copy Duplicating Products
Croixside Press
Delegard Tool Company
Earl F. Andersen & Associates
Eckberg, Lammers, Briggs
F. M. E. Corporation
Fuhr Trenching
Goodwill Industries
G & K Services
Gun N Smith
Hardware Hank
Junker Sanitation Service
K - Mart
Lakes Gas Company
Lake Management
Magnuson/Dieperink
Metropolitan Waste Control
Commission
Mn. Correctional Facility
MTI Distributing
M. J. Raleigh Trueking
Motorola, Inc.
Municilite Company
Northern States Power Co.
North Star Turf
Northwestern Tire & Battery
PHP of Minnesota
Polar Chevrolet
P. O. S. T.
Power Equipment
81111
It 'hep Service
I '
sindl Paper/Copy Paper
~a1:ed Timers
f.'..~.,:l~~::::~e Calls
n 'as~d Equipment
$'~o~ket/sweeper
~ ~k~ng Lot-McKusick
n .tnefock
14.... :.'.:"~. . greement/Radios
2 !,~a Chains
l?kelpo1es/Fire Hose
R'~t~r Bits and pins
'Jt" . et/copier
~ e~opes/Business Cards
o r~aul Floor Jack
j l I
<ri.r31 Signs
~lmlna1 Prosecutions
~.:, t I - Postage Meter
n~h-water Fountain
I
, t~mber Expenses
Ilif~rm Renta 1
Si' l~s
f ,!~~:;:=~;~:/Bumpster
B clJ1 Spraying
~ at Serviees
S'ie* Service Charges
, t,r - Recycling/Logo
p t, for Edger
~. e ock/Top Soil
R a rs
~ a r Strobe Lights
r y Charge
1 y-Jac
d hield Washer
er Bi11ing-Deb1on
r Squad
se-James Anderson
$
105.00
15.60
185.70
210.50
51.65
113. 70
41 . 04
125.29
3,600.00
61. 97
1,523.45
26.14
4,106.00
299.16
399.50
346.40
90.00
18.85
351.00
285.00
55.00
552.17
887.11
86 . 28
64.87
3,125.00
67.88
132.00
723.00
5 , 13 8 . 6 5
61,403.63
146.35
83 . 54
1,188.00
164.60
189.00
1,185.85
58.28
55.QO
224.05
12 9. 25
15.00
1.35
Richard Knutson, Inc.
Short Elliott Hendric son
Sirchie Laboratories
Snyder Bros.
Stafford, R. H. Washi gton
County Treasurer
Stafford, R. H. Washi gton
County Treasurer
still~ater Book & Sta ionery
Still~ater Gazette
Still~ater Septic & S ~er
still~ater To~nship
Supplies Centre
T. A. Schifsky & Sons
Thommes & Thomas
Thompson Hard~are
Twin City Testing
Uniforms Unlimited
U. S. West Cornmunicat ons
Valley Auto Supply
Viking Office Product
viking Safety Product
Washington Court Serv ces
Washington County Hum n
Resources
Wear Guard
wybrite, Ine.
Yocum Oil Company
ADDENDUM TO RESOLUTIO
Beberg, Byrdie
Bell, Timothy
Bliss Plumbing & Heat ng
CATCO Parts and Servi e
Compress Air & Equipm nt
G. F. O. A.
Greeder Electric Comp ny
Hertz Corporation
I. B. M. Corporation
Kriesel, Nile
Lakevie~ Memorial Hos ital
Lily Lake Imprest Fun
L. N. Sickels Company
Motorola, Ine.
One Hour Express Phot
P. O. S. T.
st. Croix Animal Shel er
Payment No. 2
Engineering
White FP Powder
Film/Flash/Batteries
1989 Assessing
Tax Searches
Supplies
publicat ions
clean Drain Lines
Annexed property
Ribbons
Blacktop
Tree Removal
Supplies
Tests
Shoulder Patches-Fire
Services
Auto Parts
Supplies
Test Kit
Conference (5)
Classes
wrap-around Smocks
Mte. Agreement
Unleaded Gas
Typing-Police
Expenses-Conference
Faucet
Fittings
Maintenance Compressor
Membership-Deblon
Repair Street Lights
1989 Buick Century
Mte. Printer, 36
Expenses
Registrations (4)
Reimbursement
Crack Filler
Base Station
Film Processing
License - Miller
September Charges
147,061.62
5,376.06
39.00
61.61
25,089.50
620.00
109.74
621. 54
67.50
1,028.84
228.00
379.89
750.00
61.87
364.00
400.00
1,995.67
805.43
114.51
125.00
'160.00
80.00
128.44
18.50
1,705.09
25.00
241. 90
7.99
220.52
500.00
45.00
60.00
11,499.00
165.00
64.77
300.00
165.41
2,073.63
5,965.00
8.90
5.00
180.00
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Schrade, Leonard
Stafford, R. H. Washington
county Treasurer
Stevensen, James
Uniforms Unlimited
Whitledge, Claudia
Adopted by the Council this 17th
APPROVED FOR PAYMENT
E ttses-conference
T X fIn forma t ion
E \..pe~ses-conference
U liD rms
E ~e ses-Classes
;
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Ff October, 1989.
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86.11
51. 50
272.76
23 1. 00
47.87
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Joseph E. Nasvik
Box 228
Stillwater, Mn.
55082
Mike Rygh Homes, Inc.
2154 Hastings Ave.
Newport, Mn. 55055
Spraungel Construction, Inc.
P.O. Box 146
Loretta, Mn. 55357
CONTRACTORS APP IC TIONS
October 17, 98
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General c,rractor
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General c~ntractor
II: I
11\:. \
Ma s on ry & ,I Brr ck Work
.1 I
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New
New
New
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€/~
, ATTACHMENT III
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RAMSEY /W ASH1NGT N
ESOURCE REeo iE
Woodbury Plaza · 1811 Weir Orl
OUNTY
Y PROJECT
· Suite 235 · Woodbury, Minnesota 55125
RAN DUM
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,
,
Ramsey/Washington Co un '"Yc.\,
Resource Recovery Proj ~ Board
I
FRPM: Patrick Story, Project ~a~ager
Marion Holly, Ramsey Cun~y Budget & Accounting
I
::~E' ::::::e:::l1:::Ping Fe~ \
A. Projected Tipping Fee to Fllnc(nce IISP Service Fee
Projected $53.57 [I"".,. i
Current 47.89 , I
Increase --S--:- 68 .' \
1'.:
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1) Estimated $3.12/ton inc ~a~e due to projected
decrease in .tons del ive d \ (from 350,000 to
309,000 tons') tc? f i~a.nc f tX,ed costs of $10,606,400
i
a~e due to increased
$~.16/ton landfilled
~.OO/ton landfilled
i
~npe Ramsey Washington
~r~ Bud~et
.~8
.~7
1
. 6
TO:
,,;
"
2) Estimated $2.S6/ton
landfill surcharges
Inver Grov~ Heights
State Fund
B.
Projected T_ippi:ng, Fee to Fi
Resource Recovery Project B
1) Administration
2) Project Cost
3) Service Fee'
Total
C.
5% Reserve to finance unfore
Project Board activities. U
will build up a Project Boar
be available for future year
e~n expenses related to
expended reserve funds
\ f~md balance which would
i.:r::::i:::::~G FEE
TOTAL PROJE
Current Tipp n Fee (Effective 4/1/89)
Increase
~ PS:kms/oatip
\\
\'
· 612/7;
$53.57
2.86
2.82
$59.25
~7.89
11.36
r
10 -'7
.,.
~
WASHINGTO
DEPARTMENT OF
GOVERNMENT
14900 61ST STREET NORTH, P.O. SOX 6 ·
Office: 6121779-5445
OUNTY
\
Mary Luth
Director
e
Lie HEALTH
EN ER
II.. TER, MINNESOTA 55082.0006
! F csimile Machine: 6121779-5498
October 3, 1989
Nile Kriesel, Coordinator
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mr. Kriesel:
i
, r I city is eligible to receive
's~ington County in recycling
i
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As part of the County's Recyclin ..:.,' 11' plementation Strategy (RIS),
a performance based funding syst ~ was developed for $44,167.00
of grant funds in 1989. In order it be eligible to receive those
funds, a city or township needed it have the County's suggested
r~cycling program in operation bylS~ptember 1, 1989.
I am pleased to announce that y
approximately $10,599.75 from
bonus funds.
e
The City of Stillwater's suggest ~ program, as contained within
the County's RIS, is curbside re 'y ling. Bonus funds are being
given for a twice monthly curbsid I ecycling pick-up program.
The amount of funds allocated to i ies is dependent on the type
of program and number of hous ho ds. Those programs which
provide at least twice monthly cr side recycling will receive,
per household, three times the bae amount of 75 cents, or $2.25.
Those programs which provide at ~a t monthly curbside recycling
will receive, per household, t 0 imes the base amount of 75
cents, or $1.50. Those programs h'ch provide a drop-off program
will receive, per household, one i es the base, or 75 cents.
~
.
~
C"e
· aeu.
Washington County does not discriminate
sex, religion. age or handicapped status In
will increase the
included, but are
recycling bins,
more aggressive
approved by the
Bonus funds must be used for ac
performance of the program. Eli
not limited to, public educ
administrative costs used to
recycl ing program, and other
Washington County Public Health
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is of race, color, national origin,
nt or the provisicn of services.
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In order to receive the bonus fun he City must:
1) Have completed the nmard County recycling grant
program requirements, i 'cl ding a signed Memorandum of
Agreement between the C' y and the County, and a signed
agreement with a recycl' g contractor.
'I' I
f~the enclosed Memorandum of
jp rformance based funding and
I J dy Arends, Washington County
If you have any questions, please ta~l Judy Arends at 779-5389.
2 )
Sign the three copies
Agreement for the 1989
return all the copies t
Public Health Departmen
Payment will be made after recei't of the signed agreement and
its execution by the County.
e
~.fL ~CL/UJ-e~
Cnt-
Zack Hansen, R.S.
Environmental Health
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ZH/cm I
Enclosure I
cc: Wally Abrahamson, Mayor I I
Charles Swanson, County Admi 'i~trator
P. Jerome Turnquist, Deputy 'o~nty Administrator
Mary Luth, Public Health Dir c~or
Judy Arends, Environmental Haith Specialist
I
Supervisor
Sincerely,
e
~~
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~
#.
;-
.f. t _ '~,
't .. ~ -
e
MEMORANDUM OF ~G EEMENT
FOR:
1989 PERFORMANCE A ED FUNDING
THIS AGREEMENT made and enter ~ into as of this day of
I
,1989, b land between the County of
Washi~gton, hereina~ter referredt' .s the "Cou~ty" and the City
of St~llwater, here~nafter referre I tlo as the "C~ty."
i I
WHEREAS, the County desir:s to encourage and support
residential recycling to reduc' the County's reliance on
landfills, and
WHEREAS, the Washington C ~nky Board of Commissioners,
through the adoption of the Recy I.l~..ng Implementation Strategy,
established performance based fund ng for 1989, and
WHEREAS, the Washington Con y Board of Commissioners,
budgeted money for performance bas 'd (Unding for 1989, and
WHEREAS, the City has estab ii hed the County's suggest~d
recycling program by September 1, ~9 9, and has met the County's
performance based funding criteria! nd
e
WHEREAS, the City has ent r d into an agreement with
Junker Recycling, Inc. to provide ,e ycling services, and
WHEREAS, the City has previo ..' s~.y entered into a Memorandum
of Agreement with the County for c ,riside recycling.
NOW, THEREFORE, the parties h;r,to agree as follows:
1. Term.
a. From the date of executi n to December 31, 1989.
2. The County's obli~ation:
a. The County will pay the Ci y $10,599.75 which is based
on the type of recyclin' rogram in the City, and the
number of households in 'h City.
b.
Indemnify and hold the
suits, or damages ~risin
the County, its officer
performance of the se
Agreement.
i y harmless from any claims,
ut of any act or omission of
, employees, or agents in the
v cesprovided for by this
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3.
.1
The City's obli~ation:
a.
The City will use all r
1989 as a result of
which will increase th
program. Eligible expe
needs, bins, and othe
County.
y ling grant money received in
!his Agreement for activities
i p rformance of the recycling
s s include: public education
xpenses as approved by the
b,
! I
Iw~the funds were spent to the
'uty I s regular recycling grant
s e ule,
I
nd hold the County and its
agents harmless from any
.S arising out of any act or
, its officers, agents, or
~ performance of the services
e ent.
The City will report
County as part of the
guidelines reporting
c.
The City will indemnif
officers, employees,
claims, sui ts or dama
omission of the City
volunteer workers in t
provided for by this Ag
2
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'<r .. \~
or
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CITY OF STILLWATER
BY
DATE
A/Lily alzttA~~
01'7 19 It} (1
/ . ,
W SEINGTON COUNTY
B
ICh air J Washington County
!Bc ard of Commissioners
i
D ~TE
B
;Washington County Attorney
oH
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Ace... Chl"n.' Tin
~ October 11, 1989
Central St. Croix Valley
o munity Access Corporation, Inc.
Community Access Center
101 West Pine Street
Stillwater, MN 55082-4976 .'
(612)430-0074
Dear Friend of Community Access T elevislo ,
We were sorry to have missed you at the vol e appreciation lunch on October 7.
We do. however, want you to have the certifi hlch was awarded to you for your
contribution to the Community Access Corp r ',10 .
I We look forward to working with you again In t f ture. The success of community
access television is dependent upon contrlb t 'n such as yours.
Sincerely, .
fJ~ ~v.J
Deede Smith
Access Associate
EBS/d
ancl.
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f. R...............'....I....'...I..O.U. .........'..5.......n........I...0.......'....................................................................................................................
.......\A. .....................iA........-....<;JJ....................................................................................................................................................
....................................................................................................................................L..............................................................d...
.......................A..............................................................................
t... ...~i. . . .N7'i, ... · .. .i~ .............
~tt ~f trltlJ1..~!~.cT>,.ii<.
., .,
rrtta ton
This certificate is presented to
~t.llbJattf Qt.t)} ctouttttl
in appreciation for the valuable contribution
. tlJe (!ottttttun it!! ~tess (totpotation
glven to ..
Our sincere gratitude is extended to you this
1tJJ day of -~
19 S~ .
Signed ~.'" ~~~"....."'-
T-319 @ TREND E'l!l1rprise~ lnc, 51. Paul, MN 5511'\4
e
tit
e
October 2, 1989
Mayor and City Council
City of stillwater
216 North Fourth street
Stillwater, MN 55082
Dear Mayor and Council Members:
The members of the Parks and Re
discussed the letter from Mike 0
wedding ceremony at Legion Beach
on this item pending approvals
Croix County.
Please notify the Board once th
that we may consider the request
Sincerely,
/t/cvf/U- i/~!L~
Wayne Wohlers
Chairman
Parks and Recreation Board
WW/ss
CITY HAll: 216 NORTH FOURTH STillWATER,
i
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xeation Board have reviewed and
~n6 and Patti Korlin regarding a
. ~he Board did not take action
ro~ st. Joseph Township and st.
: J provals have heen granted so
an~ make our recommendation.
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NjESOTA 55082
I
PHONE: 612-439-6121
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WASHINGTON, COUNTY
OFFICE OF THE AUDITO -TREASURER
14900 - 61st Stte t North
Stillwater, MN $5 82-0006
October 12, 89
Bullet;n #8
Al I Local Governments
R. H. Stafford, AUditor-TreaJurer
FINAL INFORMATION ON TRUTHI~ TAXATION FOR PAYAYLE 1990
I
We have just received the analysis of the special legislative
seSSlon regarding proposed changes in the bUdget hearing
process. Please refer to attached Ie ter from the Department of
Revenue.
TO:
FROM;
RE:
e As previously stated, we will issue f ture bulletins with as
much detail as we have at our dispo.a. After you have
determined your new dates, please s~b it them for lnclusion in
our weekly bulletin by contacting:
R. H. Stafford, 7 9-5156, or
Mary Lou Larson, 7 9-5496.
Thank you for your coooeratlon.
.ilY' -~~
R H. taftJf' -
Audito -Treasurer
RHS/ml
Attachments
e
Washington County does not discriminate on the b sis of race. color, national
origin, sex, religion, age and handicapped statu. in ployment or the provision
of services. .
WAS
INGTON COUNTY
e
LOCAL GOVE NMENT BUDGET HEARINGS
BULLETI #8 da.ted 10-12-89
GOVERNMENT DAY DATE TIME LOCATION
Washington County Wed Nov. 29 7:00 p.m. Government Ctr
Mon Dec. 4 7:00 p.m. Government Ctr
Anoka County Wed Oct. 18 7:00 p.m. Board Room
Chisago County Thurs Dec. 7 7:30 p.m. Government Ctr
Thurs Dec. 14 7:30 p.m. Government ctr
Dakota County Tues Nov. 21 7:00 p.m. Government Ctr
Tues Nov. 28 7:00 p.m. Government Ctr
School Dist. #831 Mon Nov. 20 7:00 p.m. Dist Office 8a Rm e
Mon Dec. 18 7:00 p.m, Dist Office Bd Rm
School Dist. #833 Thurs Dec. 14 6:00 p.m. District Conv Ctr
Mon Dec. 18 5:00 p.m. District Con v Ctr
School Dist. #834 Thurs Dec. 14 7:30 p.m. Central Serv Bldg
Thurs Dec. 21 7:30 p.m~ Central Serv Bldg
e
Washington Count does not discriminate on the basis of race. color. national
origin, sex. religio . age and handicapped status in employment or the provision
of services.
OCTOBER 1989
MONDAY ; TUE5DA'( : iiEDNESOAY
e---------------------: -------------------------- : --------------------'i--
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_ ;--1 :An~ka County
: :7:00 p,m. - Board Room
------------------------:--------------------------:-------------------.~--
23: :24: :25:
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FR roM
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MONDAY
TUESDAY
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5ch! Dist. .831 7:00 p.:Dakota County
Dlstrlct Offlce Bd Room ;7:00 p.m. - Government
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:Dakota County
:7:00 p,m. - Government
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NOVEMBER 1~1l9
11-0ct-d:i
wEDNESDAY
THURSDAY
FRIDAY
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:Washington Co, :
tr:7:00 p.m,-Government Ctr : e
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FOR ANY ADDITIONAL INFORMATION, PLEASE CO TACT R. H, STAFFORD - 119-5156 OR MARY LOU LARSON - 779-5496
DECEMBER 1989
11-0ct-~~
,
MONDAY : TUESDAY : WEDNESDAY.: THURSDAY : FRIDAY
~-------------------:----------------------------:---------------------- -----:----------------------------:-----------------------~----
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Washington County : : :Chisago County - 7:30 p.m, :
7:00 p.m,-Government Ctr; : :Chisago County GOy't Center:
, I 1 I
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________________________:____________________________:______________________1_____:____________________________i___________________________.
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: : :Schl Dist #834 - 7:30 c.m. :
: 1 :Central ServIce Bldg.
: i :
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: : I :cnlsago County - 7:30 p,m. ;
------------------------\----------------------------\----------------------t-----l~~~:~=~-~~-:~~~:-~:~::~-----\---------------------------.
18: :19: :20: :21: :22:
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Schl Dist 833 - 5:00 p.m: : :Scnl Dist #834 - 7:30 p.m, :
District Conv. Center : : :Central Service Bldg. :
1 I I
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;;;---------------------i;;;-------------------------:;;;-------------------j-----:;;;-------------------------i;;;------------------------.
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:Schi Dlst .833 - 6:00 p.m.
:Olstrlct Conv. Center
Schl Oist 83\ - 7:00
Oist Office Bd Room
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FOR ANY ADDITIONAL INFORMATION, PLEASE CONTACT R. H. STAFFORD -
i
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i7r-5156 OR MARY LOU LARSON -
1
,
779-5496,
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STATE OF MIN ESOTA
DEPARTMENT OF; R ENUE
"
Mail Station 33 0
St. Paul, Minnesota~5 46-3340
(612) 296-5~3
FAX #(612) 297- 166
October 6. 1989
TO: CHAIRS OF COUNTY BOARDS AND CO NTY AUDITORS; MAYORS, CITY
MANAGERS, AND CITY CLERKS OF CITliES OVER 2,500 POPULATION; BOARD
MEMBERS AND SUPERINTENDENTS OF CHOOL DISTRICTS
RE: FINAL INFORMATION ON TRUTH IN TAXA ION FOR PAYABLE 1990
The Department of Revenue is pleased to inform:1)'9 that the Truth in Taxation provisions
have been finalized. The provisions are contained in the 1989 Property.Tax Bill recently
passed by the State Legislature in Special Session nd signed into law by the Governor.
The 1989 Tax Bill contains basically the same prO(:e ures for Truth in Taxation for payable
1990 that were outlined in the Commissioner of Rle nue's letters mailed on June 23, July
28. and August 25.
The schedule of events for Truth in Taxation for pay ble 1990 had to be changed because
the Depar1ments of Education and Revenue are, re uired to recertify state aids and levy
limitations under the new state property tax relief pi n. The revised schedule of events is
listed below:
1. ,October 23
2. October 27
Last day for the partment of Revenue to recertify aids
and levy Iimitatio s.
Last day for the epartment of Education to recertify
levy limitations.
3. November 15
g authority to certify its proposed tax
e 4. December 28
Last day for a t ng authority to certify its final tax levy.
{Over}
AN EQUAL OPPORTUNlrrYEMPLOYER
1
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Truth in Taxation, Payable 199
October 6,1989
Page 2
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The procedure for schedulin public hearing dates is to be the same as previously \
established. The counties will s lect meeting dates first. School districts will select meeting
dates next and cities will select fter the school districts. The county auditorswill coordinate
the scheduling to avoid confli ng meeting dates. The information previously sent to you
regarding the format of the me ting notice and other procedures remains unchanged.
Taxing authorities which have a ready certified a proposed levy and whose levy will change
as a result of provisions in the ew tax law are to recertify their proposed levy. If a public
hearing has already been hel ,the taxing authority is required to certify a new tax levy,
publish a new notice, and hold another public hearing.
If you have any questions abo t Truth in Taxation, please feel free to call Bob Lerfald at
296-5139.
Sincerely,
~i69. IItk
MICHAEL P.WANDMACHE ,Director
Local Government Services Di ision
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(,&,,~, d:)-/ - /~~)
e
STATE OF MINNESOTA
COUNTY OF WASHINGTON
R.G.T. Investments, a partnership
Appellant,
vs.
City of Stillwater, a municipal
corporation,
Respondent.
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other
NOTICE OF APPEAL OF
AN ASSESSMENT.
PLEASE TAKE NOTICE That R.G.T. nvestments (hereinafter
"RGT") appeals to the above named,c urt from an assessment
levied by the City of Stillwater (he einafter "City") on
e
September 26, 1989.
RGT alleges as follows:
1. That it is the owner of the following described real
property, to-wit:
That part of the east 16
300 feet of the west half of t
southeast quarter of the south
Section 33, Township 30 North,
Washington County, Minnesota,
the north right-of-way line of
Highway No. 212 (State Highway
southerly of a line 350 feet n
parallel to said north right-o
feet of the east
e east half of the
est quarter of
Range 20 West,
ying northerly of
State Trunk
No. 36.) and lying
rth of and
-way line.
2. That on September 26, 1989, the respondent City adopted
a resolution whereby the above descr bed property was assessed
$11,180.17~ on information and belie, the resolution is
identified as Resolution Number 8166 and the Property
e Identification Number of said parcel is 9033-2355.
3. That the ass ssment was levied for alleged improvements 4t
that have no benefit to appellant's property, set forth in
paragraph 1.
WHEREFORE, Appellant prays for a judgment setting aside said
assessments together with its costs and disbursements incurred
and such other and f rther relief as may be just and equitable.
Dated, }o )~/
By
#6361
for Appellant
Paragon Office Centre
Snelling Avenue
MN 55113
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STATE OF MINNESOTA
IN DISTRICT COURT
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT
Other
RGT Investments, a partnership
Appellant,
vs.
DEMAND FOR ASSESSMENT
ROLL AND OTHER PAPERS.
City of Stillwater, a municipal
corporation,
Respondent.
Pursuant to Minn. Stat. S429.08 , the above named appellant
demands from respondent the follow~n documents:
1. Copy of the assessment roll as it is applicable to the
following described real propertY:i
That part of the east 16 feet of the east
300 feet of the west half of t e east half of the
southeast quarter of the sou!th est quarter of
Section 33, Township 30 North, Range 20 West,
Washington County, Minnesota~ ying northerly of
the north right-of-way line pf State Trunk
Highway No. 212 (State Highway No. 36.) and lying
southerly of a line 350 fee~n rth of a parallel
to said north right-of-way l,in .
I
2. Any and all appraisals madelbY respondent City of
Stillwater appraising appellant's pr perty, and showing the
amount of benefits for said improvem nts.
3. All engineering and/or feas bility reports setting forth
the exact improvements that allegedl improve appellant's
property.
4. Copies of any and all objec ions to the assessments
levied from said impr vement.
Dated:
/qft/r;
!'
R ert C.
ttorneys for Appellant
Suite 327, Paragon Office Centre
2780 North Snelling Avenue
Roseville, MN 55113
--_.'., ....
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<<<iMUNITY
115 SOUTIi UNION STREET
OlUNTEER SIILLWATER, MINNESOTA 55082
ERVICE
OF THE
ST.CROIX VALLEY AREA
Your donation of $2,625.00
was received on 10-10-89
-'\~
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II.
III.
:. IV.
eVI.
VII.
VIII.
IX.
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AGENDA I I
CITY OF OAK PARK HEIJH~S
TUESDAY, OCTOBER 10, 1989 t-17:00 P.M.
I :1
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Call to Order i I
Publie Hearings I I
Amend TIF Development Plan II
Swager Bros. - Rezoning I II
Haase - Interim Use Permit 1
Ordinance ~end Interim Use pJrmit (Cost)
Condon - varianeel 1) .
Tree Bids .
Visitors I r
Dave Anderson/Tom Hendricks~n~- Portable Box Store
Jim Bartlett - Rapid Oil I 1
NSP Engineet - re: Sign L ~
Carol Wagner - HRA Section .~ 81
Old Business I )
Cost Estimate - Sewer/Water] Hty. *36
Letter of Credit Resolutionl II
Sign - Silver Bat Sports 1 t.
Home Occupation License - cf.. s..
Resolution - Boat Landing J I
Review Minutes - September 11th &125th
New Business ~ II
Home Oceupation Informatio ... tt. Oecupant at 14270 57th St.
Sched~le Non Union Salary . v'ew Workshop
Approval for Park Quotes/B'ds
Change Order *6 - City Hal~ t
Co. Publie Health Dept. 1 II
I .
Departmental Reports I .,1
Kern - Administration II
O'Neal - Streets
Doerr - Utili ties 1 i
Seggelke - Parks I !
Sommerfeldt - police!1
Bills Presented for Approval & Trta1urer's Report
Correspondence Presented f 1
City Engineer - Parking LOll
Co. Public Health Dept. .
Metro Waste Control I I
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Mutual Service Life Ins. C . I
Co. Public Works Dept. i
Stillwater Agenda
V.
X.
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S K A I
E
LESS
. i\ I- .
M \J-
ViliAT: ICE SKATING LESSONS
WHEN:
"riEEtl.E: LILY LAKE ICE ARENA
THill:
COST :
SESSION I
NOVE..1IffiER 11-1 8-25
DECEMBER 2-9-16
~
~~
~
SESSION II
JANUARY 27
FEBRUARY 3-17-24
MARCH 3-10
1 :30pm-3 :OOpm
INSTRUCTCR : P.ENE S8RENSON
$35.CO per person'per sessio
,," NAME
SKATE LESSON APPLICATION
',\
ADDP..E S
P ARZNT
PHCNE(_)
AGE
Please return to: LILY LAKE ICE AP~NA
12C8 s... GREEI..3Y
STILU1AT:::""" EN. 550 2
439-1337
. . ~ ~
IMPORTA~IT: The City ~f Stillwater and ly Lay.e Recreation Center staff
will n"t b~ held res-por.sib1e for any 10 s f property while above
person is attending the skate less~ns. ar nts or guardians signing
this f~~~ absclve the City of Stillwate ~ all responsibility.
Signature of parent ~r guardian
Date
..,..'".....~_........_-_."-_._~.-:--~_. ._. 0_ .,,_'..~i__':' -...-':
(
('
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SEASON
PASS
II
11
Lily Lake Ice Arena has available season ses for the 1989-1990 skating
season. The season pass will cost $35.00 f the first member in the family
and $7.00 for each additi0nal family membe: This pass
skate sessions. Open hockey passes are als . available
additional fee of $12.00 per person. II
I
is good for ~nly open
to pass h~lders for an
Lily Lake Ice Arena is also offering two s
cost of $35.00 per person per session. PIe
y,'u would like further information.
_
LILY LAKE ICE ARENA SEASON PASS APPLICATIO
Name:
Ad ress
Phone:
FEE: Initial Member
Open Hockey
Add
$35.00
1 2.00
$
Additional family members
Open Open
Skate HC'ckey
$7.00_ $12.00
7.CO_ 12.00
7.00_ 1 2. co
7.00_ 12.00
7.00_ 1 2. 00
Amc.unt Due
Name
Name
Name
Name
Name
$
Please send information on skate less(lns
Yes
No
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OPEN SKATE
OPEN OCKEY
$2.00 fee
ev.ERY SUNDAY
10/19-20
11/6
11/21-22
11/24
1 2/26-29 .
1/1
1/22
2~19
3;23
3/26-30
$2.00 fee
.. 10/19120
11/6 I
11/21122
11/24
12/26 29
1/1
1/22 I
2/1911
3/23
3/26- 0
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start Monday October 23, 1989
6: 3 Opm-8 : OOpm
11 :45am-1 : 15pm
11 :45am-1 : 15pm
10:45am-12:15pm
1 : 15pm-2:45pm
12: 15pm-1 :45pm
11 :45am-1:30pm
10:45am-12:'f15pm
11 :30am-l : OOpm
11 :45am-l :15pm
11 :45am-1 : 15pm
1 :30rm-3 :OOpm
1:30pm-3:00pm
12:30pm-2:00pm
3 :00pn-4:30pn
2:00pm-3 :30pm
1 :45pm-3: 15pm
12:30pm-2:00pm
1 : 15pm-2:45pm.
1 :30pm-3:00pm
1 :30pm-3 :QOpm
MONDAY THRU FRIDAY (except above)
$1.00 fee 12:30pm-2:00pm
OPEN OCKEY (Post High School and Adults)
$2.00 fee
12/26 29
1/1 1
I
OPF~ rOCKEY (9th grade and above)
1
$2.001 fee
!
1 Ojl 6t20
10/23",27
1 0/30r11 /3
3/12-tLOSE
1
!
SEASC,N PASSES AHE AVAILABLE AT THE AHENA CON~ESSI()N STP.ND
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SKP.TE LESSONS $35.00 fee
SESSIC)N I
1 :30pm-3 :OOpm
3:45pm-5:15pm
3:30pm-5:00pm.
11/11 11/18 11/25 12/2 12/9 12/16
4lSSION II
1/27 2/3 2/17 2/24 3/3 3/10
2: 1 5pm-4 :45pm
2:15pm-4:45pm
2: 15pm.-4 :45pm
2: 15pm-4: 45pm
Call Arena at 439-1337 to register
e
WASHINGTON COUNTY
DEPARTMENT OF PU Lie HEALTH
GOVERNMENT CE ER
14900 61ST STREET NORTH, P.O. BOX 6 · STIL "TER. MINNESOTA 55082.()()()6
Office: 612/779-5445 F csimile Machine: 612/779.5498
Mary Luth
Director
e
October 12, 1989
From:
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Washington County Mayors, To1n Board Chairs, City
Council and Town Board Mem~ers, and Other Officials
Mary Luth, Public Health Dir~ctor ~
To:
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As you are all aware, washiLgton County will be hosting
"Capitol for a Day" on Friday, octo~:r 27, 1989. As part of that
day's activities, the Public Heal~h Department will be hosting
PCA Commissioner Gerald Willet an~ Office of Waste Management
Director Mike Robertson. We alsp hope to have Metropolitan
Council Chairman Steve Keefe withlus; however, I have not yet
received confirmation on Mr. Keefe'r schedule for that day.
We will be hosting a sessiof in the afternoon for local
government officials. Thi.S meetin will be an opportunity for
you to meet with State officials 0 discuss local solid waste
issues and concerns. Areas you I may want to think about in
preparing for this meeting includ~ the recently enacted SCORE
law, recycling market developmen1, facility siting, problem
wastes and other waste manageme t issues which affect your
community. I
I
This meeting will be held f~om 2:00 P.M. to 3:00 P.M. in
the County Board Room of the Washin$ton County Government Center.
Commissioner Willet and Director Rqbertson will each be giving
brief introductory presentations tolbe followed by discussion and
questions/answers among persons in .ttendance at this meeting.
We sincerely hope that you [Will be able to join us for
this opportunity to talk about loc~l waste manage.ment concerns.
If you have any questions regardi~g this meeting, please feel
free to contact me or Zack Hansen at 779-5445.
"Capitol for a Day"
Re:
Thank you.
ML/mlm
e
cc: Solid Waste Advisory Committee
Zack Hansen, Environmental Heatth Supervisor
CFAD file
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Washington County does not discriminate on the tis of race, color, national origin,
sex, religion, age or handicapped status in employ I ent or the provision of services,
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STATE OF M~A
OF1'lCB OF THE G~.
ST. PAUL 5~155
RUDY PERPICH
GOVERNOR
October 11, 1989
The Honorable Wallace L. Abrahamson
Mayor
191 Bayberry Avenue Court
stillwater, Minnesota 55082
Dear Mayor Abrahamson:
I am pleased to invite you to take partfiin our llCapital For A Dayll
Community Reception and Recognition Cer ony at the Historic County
Court House, 101 West pine street, still ater, on October 27, 1989.
I
Stillwater has been chosen as the site ~or llCapital For A Dayll to
help celebrate Washington County's 140t~ Anniversary and to recognize
the important role history plays in pIa ning our future. Throughout
the day, eommissioners from a number of state ageneies and I will be
meeting with parents and students, seni r citizens, business and .
education leaders and groups interested lin historical preservation to
diseuss your ideas and concerns. I
I will spend the morning honoring your xcellent schools at an
education breakfast, addressing the hig school seniors and talking
with the local art community. At noon will have lunch with the
business community and then attend a me ting with the County
Historieal Society and take a walking t ur of historical stillwater.
I will conclude the day with the reeept'on and recognition ceremony,
where I will be honoring many of your 0 tstanding citizens for their
involvement and contribution to the com unity.
I
This llCapital For A Dayll provides us Wi~h opportun.ities for
discussion and celebration. I sincerel hope you will join me at the
Historie County Court House at 5:00 p.m. for the Community
Reception. Please RSVP to 779-5006 by ctober 20th. See you on
October 27th.
Sincerely,
e
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AN EQUAL OPP~:,UN'fY EMPLOYER
"'SaJ
nc1 ~r. l
c ~~t.U\J '
\\t.\,i,,\\-
CHANGE ORDER
ENC/NEERS. ARCHITECTS. PLANNERS
e 222 EA5T LITTLE CANADA ROAD, 5T PAUL, MINNE50TA 55117 612 484-0272
OWNER
OWNERS PROJECT NO.
PROJECT DESCRIPTION
City of Stillwater
L. 1. 251
Forest Hills/TH 36
Fronta e Road
DATE September 26, 1989
CHANCE ORDER NO. 3
SEH FILE NO. 88200
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The following changes shall be made to the contract docuV1ents
Oescnpuon: Revise contract amount due to revistd storm sewer outlet alignment.
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Purpose of Change Order: Revising the storm sewer outlet to drain to Rainbow Court
required additional work and materi11S including a jacking.
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Basis of Cost:
o Actual
KI Estimated
Attachments (list supporting documents)
Contract Status
Original Contract
Net Change Prior co.'s 1
Change this Co.
Revised Contract
Time
Cost
$526,562.89
58,265.00
64.840.00
$649,667.89
to 2
Recommended for Approval: Short-Elliott-Hendrickso, Inc. By
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Agreed to by Contractor:
By
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Distribution
Owner
Bt
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~roject Representative
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5T PAUL, I
MINNES1A
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Title
Contractor 2
5EH Office
5HORT ELLIOTT
HENDRICK50N INC
CHIPPEWA FALLS,
WI5CON51N
CHANGE ORDER NO. 3
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STILLWATER, MINNESOTA
FORE T HILLS/T.H. 36 FRONTAGE ROAD
L.I. 251
SEH FILE NO: 88200
UNIT
DESCRIPTION UNIT QUANTITY PRICE AMOUNT
JACK 30" STEEL CASING L.F. 270 $205.00 $55,350.00
18" PVC (IN CASING) L.F. 288 15.00 4,320.00
R & R CONC C & G L.F. 60 20.00 1,200.00
REM EX C.B.'S & LEAD EACH 2 350.00 700.00
ASPHALT RESTORATION (4 ' ) TON 35 50.00 1,750.00
CATCH BASIN, TYPE B L.F. 12.16 125.00 1,520.00
TOTAL CHANGE ORDER NO. 3 $64,840.00 e
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