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HomeMy WebLinkAbout1990-05-15 CC Packet ~<!! l.''''' e e e AGENDA STILLWATER CITY COUNCIL May 15, 1990 REGULAR MEETING CALL TO ORDER I NVOCA TI ON ROLL CALL 7:00 P.M. APPROVAL OF MINUTES - Special Meeting - April 30, 1990 Regular Meeting - May 1, 1990 INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS UNFINISHED BUSINESS 1. Update on Oak Glen. 2. Continuation of review of offer from Cub Foods to make available 90 - 100 parking spaces for public use after 6:00 P.M. weekdays and Saturdays, Sundays and holidays. 3. Continuation - Request for On-Site sewage system in Brown's Creek Heights Subdivision, Blocks 1 - 8, with a two ft. setback from side property line, ten ft. rquired. Craig & Sharon Locey, Applicants. 4. Possible second reading of Ordinance amending the Precinct boundaries to include annexed properties. 5. Report and Recommendation of Downtown Plan Action Committee regarding Downtown Capital Facilities Program. 6. Acceptance of Proposal to instal' and approval of Agreement to Pay for sewer 1 ine at 2600 Ra~Ir...u.~ Lane. U~ NEW BUSINESS 1. Possible Bid Award for Mechanical Maintenance for City Hall and Library buildings. 2. Possible first reading of Ordinance regulating the possession, discharge & sale of weapons. 3. Revievl & possible approval of IIRequest for Banner & Waiverll and IIAuthorization & Releasell forms relating to banners being hung in Downtown area. . PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) CONSENT AGENDA 1. Resolution Directing Payment of Bills (Resolution No. 8282) 2. Applications (List to be supplied at meeting). 1 3. . 9~ s--- te of May 1, 1990 for the following Planning - A minor subdivision of a 32,005 square foot lot e b. CASE NO. SUB/90-2 - A major subdivision of three lots consisting of 21, 0, 1, 0, and 43,500 square feet into four lots, all of which will consist of 2 ,750 square feet on Poplar Street between North Fifth Street and North verett Street in the RA, Single Family Residential District. Larry D uffenbach, Applicant. c. CASE NO. SUP/90-2 - A Special Use Permit to construct a 31,086 square oat Auto Servlce and Retail Service Mallon the Northeast corner of Tuenge Drive and 60th Street North in the IP-C Industrial Park-Commercial District. Marco Construction, Applicant. d. CASE NO. SUP/90-2 - A Special Use Permit to conduct a five bedroom Bed and Brea ast establishment at 319 West Pine Street in the RCM, Multi-Family Residential District. Bruce and Vikki Brillhart, Applicants. e. CASE NO. SUP/90-26 - A Special Use Permit to conduct a temporary food ven 109 USlness out of a popcorn wagon East of the Commander Elevator on private proper along Nelson Street in the CBD, Central Business ~ District. Kenneth uneman, Applicant. ~ COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS 1. Report from Washington County regarding increase in tipping fees. 2. Request from David Cy ewski, T.E. Warth Automotive Books, for City regulations regarding overflying of Stillwater community by helicopters or landing on private or public property. 3. Letter from Ernst & Y ung regarding changes to Minnesota Local Government Pay Equity Law. QUESTIONS/COMMENTS FROM N WS MEDIA ADJOURNMENT e 2 e e e SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES April 30, 1990 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Kimble, Opheim and Mayor Abrahamson. Absent: Councilmember Farrell Also Present: City Coordinator Kriesel City Attorney Magnuson Recording Secretary Mawhorter Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Others: None PUBLIC HEARING 1. Tnis is the day and time for the Public Hearing relating to the proposed modification of the Development Program for Development District No. 1 (the "Development Program"), and th;proposed modification of the Tax Increment Financing Plans 'relating to Tax Increment Financing District Nos. 1 through 5, located therein, pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134 and 469.174 to 469.179, inclusive, as amended, to reflect an increase in the Bonded Indebtedness to be incurred, and to increase the total estimated expenditures to be made within Development District No. 1 and Tax Increment District Nos. 1 through 5 located within Development District No.1. Notice of the Public Hearing was published in The Courier on April 12, 1990 and sent to School Dist. 834 and Washington County Board. City Attorney Magnuson informed the Council that the proposed modification basically amended the budget (estimated expenditures) for the Downtown improvements and also allowed the City to issue bonds to fund the improvements as well as to establish a IIpay as you gall program. However, the modification did not commit the City to having to.actually expend funds or issue bonds at this time. Mayor Abrahamson closed the public hearing. 1 Stillwater City Council Minutes Special Meeting April 30, 1990 e Motion by Council member Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolutio relating to the modification of the Modified Development Program of De elopment District No. 1 and the modification of the Tax Increment Financing Pans relating to Tax Increment Financing Districts Nos. 1 through 5, all loc ted within Development District No.1; and including Exhibit A. (Resolution N . 8281) Ayes - Councilmembers Bod ovick, Kimble, Opheim and Mayor Abrahamson. Nays - None to (All in ADJOURNMENT e Motion by Councilmember KOmble, seconded by Councilmember Bodlovick to adjourn the meeting at 7:15 P.M. (All in favor) Resolutions: No. 8281 - Modification 0 the Modified Development Program for Dev. Dist. No. 1 and the modi ication of Tax Increment Financing Plans for Dist. Nos. 1 - 5 loc ted in Development Dist. No.1. MAYOR ATTEST: CI Y L RK 2 e e e e # RECESSED MEETING STILLWATER CITY COUNCIL MINUTES May 1, 1990 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Ass't. Planner Pung-Terwedo Consulting Engineer Moore Comm. Dev. Director Russell Plan. Comm. Co-Chair Valsvik City Clerk Johnson Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Julie Kink, St,Croix Valley Press Dean Miller, Mary Tomaczak, Mr./Mrs. Charles Dougherty, Jack Tunheim, Jeff Sherburne, Duane & Martha Hubbs, Kristen Aldeni, Bob Raleigh, Wayne Norman, Craig Locey. Others: APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the minutes of the Special Meeting of April 10, 1990 and Regular Meeting of April 17, 1990, as presented. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Proclamation - National Teacher Day, May 8, 1990. Mayor Abrahamson presented a Proclamation for National Teacher Day on May 8, 1990. 2. Resolution Honoring Centennial Ballet Troupe of Novosibirsk, U.S.S.R. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution honoring the Centennial Ballet Troupe of Novosibirsk, U.S.S.R. (Resolution No. 8276) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. Complaint Regarding Sidewalk - Residents of So. Third St, Residents of South Third Street presented a petition for reconstruction of a sidewalk which was poorly constructed last summer in a local improvement 1 . Stillwater City Council MOnutes Recessed Meeting i May 1, 1990 e project by the County. Council directed these residents to bring their complaint to the WashOngton County Board for resolution. PUBLIC HEARINGS 1. This lS the day and tOme for the Public Hearing to consider the request for a Design Review P rmit for the renovation of a storefront at Sherburne's Jewelry s ore at 210 South Main Street in the CBD, Central Business District. Ca e No. DR/90-1, Sherburne's Jewelry, Applicant. Ass't. Planner Pung-T rwedo presented the background on this request to make minor alteration to the facade at 210 So. Main St. She stated the applicant has redrawn the plans to include the windows as recomn~nded by the Design Review Com itteeo Jeff Sherburne, applicant, was present to explain the changes. Mayor Abrahamson closed the public hearing. Duane Hubbs, Chairman of th Design Review Committee, stated the plan is acceptable. Motion by Councilmember F rrell, seconded by Councilmember Bodlovick to approve the request for a Design Review Permit for the renovation of a storefront at Sherburne1s Jewelry store at 210 South Main Street in the CBD, Central Business District as conditioned. Case No. DR/90-1, Sherburne's Jewelry, Applicant. (All in favor) 2. This is the day and tOme for the Public Hearing to consider a Special Use Permit to conduct sma 1 group tours, small business meetings, and small weddings at the Willi m Sauntry Bed and Breakfast, 626 North Fourth Street, in the RB, Tw Family Residential District. Case No. SUP/90-17. Duane and Martha Hubb , Applicants. Notice of the he ring was published in The Courier on April 26, 1990 and copies were maile to affected property owners. e Comm. Dev. Director R ssell explained the request to conduct small group house tours, business meetings and weddings at the above residence. He also stated the area f the house can accommodate a 75 person occupant load as well as the 1 t which can accommodate approximately 20 vehicles and Maple St. which c uld accommodate overflow on-street parking. Mr. Valsvik stated the Pl nning Commission approved the request 5 - 1. Kristen Aldeni, 625 FOfth St. No., stated she is the nearest neighbor and has no objections -- his use would not infringe on her privacy. An Attorney represent'ng Dorene and Dean Miller summarized some of the concerns of the Mille s which are -- the proposed use is commercial and will be out of sync wOth the neighborhood, tne impact on parking is substantial, the neig borhood is already crowded at times, more traffic in the neighborhood woul be dangerous to a residential area with small 2 e e Stillwater City Council Minutes Recessed Meeting May 1, 1990 children and would negatively impact the property values. He suggested the Council deny the request. Bob Raleigh, operator of the Rivertown Trolley, spoke on behalf of the Hubbs and requested the Council to give the Hubbs an opportunity to try their idea. Mark Bowers, 604 No. Fourth St., stated he and Kristen are the two people most affected by the request, he has communicated with other homeowners and they have no objections. There is a large area for parking and there is not going to be that much of an increase in traffic. The renovated Hubbs property has increased the property values in the area. John Ludwig, 713 No. Fourth St., does not like the request because of his concern for increased traffic which will limit his parking on the street. This is a residential, not a commercial area. Lois Cosgrove, 702 No. Fourth St., stated she is against the request because she does not want a lot of partying going on and thinks there will be limited parking. e Martha Hubbs, applicant, stated there have been no large functions since they have lived there -- the Bed & Breakfast has not been open and gave a brief summary of the house before they owned it, which included loud parties, etc. They will have very quiet events in order to not impact the neighborhood. They have completed a true restoration and the house has a long history of commercial use. Dean Miller stated there are three B & B's on the north hill -- there is a limit. Mike Schmalsky, 611 No. Fifth St., stated the Hubbs have done a good job in restoring the house and he likes their plan. Paul Randall, 218 W. Maple, stated he had concerns with the parking on the street, but Duane has assured him there is sufficient parking on the property. In light of the fact of review in one year, he suggested that the Council give them a chance. Wayne Norman, 713 No. Fifth, has concerns for parking and requested an explanation. Mr. Russell explained. Chuck Logan, 713 No. Fourth St., will soon be closing on this property and would like more information. He has a concern for creeping commercialization. e 3 Stillwater City Council MOnutes Recessed Meeting May 1, 1990 e Don Valsvik, Planning Commission, stated this will be setting a trend for us to become bigger a d more commercial in this area. Kristen Aldeni stated the applicant has a unique building and if they are not allowed this requ st, it will endanger the possibility of keeping up this kind of building. You should address each building/request as it comes before you. Duane Hubbs, applican , stated there are two groups of people present tonight -- the people who know what is going on and who are supportive and objective. The other group have never identified themselves or said hello and toured the house 0 see what is happening. Chuck Dougherty, 306 . Olive St., an owner of a Bed & Breakfast facility, stated the owner has lot of ability to screen visitors and set rules. Paul Randall spoke to people who were concerned regarding vehicles parking on the street by sayi g snowmobiles, which have been a problem in the past, are more harmfu , people parking on the street will not be harmful. Jane Stillman, 924 No. Fourth St., a Realtor, stated she sold a house across the street and has a concern for the people who bought it because of the request for on-street parking. Martha Hubbs stated t ey have 175 ft. on Fourth & Maple and more parking adjacent than they ca use. They will not have to park across the street. e Don Shaw, who lives i St. Paul and who bought the house at 212 Maple St., has talked to the Hub s and supports the B & Bo He does have concerns as to who will enforce tle Special Use Permit. ' Peter Young, 821 So. very nicely and shoul hird St., stated the Hubbs have restored the house be allowed their request. Sandy Young, 1103 So. Third St., stated they Should have an opportunity to show us what they can do. Mayor Abrahamson clos d the public hearing. Council discussion followed which included debate on Bed & Breakfast Inns, increasing commercialization, parking and possibly cutting the capacity of guests to 40. Motion by Councilmember B dlovick, seconded by Councilmember Farrell to deny a Special Use Permit to con uct small group tours, small business meetings, and small weddings at the William Sauntry Bed and Breakfast, 626 North Fourth 4 e e e e Stillwater City Council Minutes Recessed Meeting May 1, 1990 Street, in the RB, Two Family Residential District, until the Council can review ordinances for Bed & Breakfast Inns. Case No. SUP/90-17, Duane and Martha Hubbs, Applicants. (Ayes 2; Nays - 3, Councilmembers Kimble and Opheim, and Mayor Abrahamson). Motion by Councilmember Kimble, seconded by Councilmerooer Opheim to allow the Special Use Permit, with conditions, and limiting groups to 40, to conduct small group tours, small business meetings, and small weddings at the William Sauntry Bed and Breakfast, 626 North Fourth Street, in the RB, Two Family Residential District, Case No. SUP/90-17, Duane and Martha Hubbs, Applicants. (Ayes 4; Nays - 1, Councilmember BodlovickL Council directed the Planning Dept. to research Bed & Breakfast Inns. Motion by Councilmember Kimble, seconded by Councilmember Opheim to add a condition to Case No. SUP/90-17, Duane & Martha Hubbs, Applicant, that this Special Use Permit is non-transferable. (All in favor). Council recessed for ten minutes and reconvened at 9:10 P.M. 3, This is the day and time for the Public Hearing to consider a Variance to the front yard setback requirements (twenty-five feet requested, thirty feet required) for the construction 'of a garage addition at 1124 Parkwood Lane in the RA, Single Family Residential District. Case No. V/90-19. Dave Widmyer, Applicant. Notice of the hearing was published in The Courier on April 26, 1990 and copies were mailed to affected property owners. Mr. Russell explained the Widmyer1s request for the front yard setback variance for the construction of a garage addition and conversion of the back hal f of the existing garage into a family room. Mr. Valsvik stated the Planning Commission approved the request unanimously. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Variance to the front yard setback requirements (twenty-five feet requested, thirty feet required) for the construction of a garage addition at 1124 Parkwood Lane in the RA, Single Family Residential District, as conditioned, Case No. V/90-19. Dave Widmyer, Applicant. (All in favor). 4. This is the day and time for the Public Hearing to consider a Street Vacation for the east portion of Holcombe Street between Ramsey and Myrtle Streets in the RB, Two Family Residential District. Case No. SV/90-21. Ande and Muriel Hassis, Applicants. Notice of the hearing was published in The Courier on April 26, 1990 and copies were mailed to affected property owners. ,.. ::> Stillwater City Council Recessed Meeting May 1, 1990 I . I ~;nutes e Mr. Russell stated this application is for vacation of a portion of So. Holcombe St., but suggested only a portion of the area requested for vacation be allowed since the request would cut off access to a house located at 122 So. Holcombe St. The Planning Commission concurred with this suggestion. Ma or Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Council member Bodlovick to adopt the appropriate resolution vacating the east portion of Holcombe Street, as amended to ten ft. with he City Attorney to prepare the legalities, between Ramsey and MYrtle Streets in the RB, Two Family Residential District. Case No. SV/90-21, Ande and Muriel Hassis, Applicants. (Resolution No. 8280) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None e 2. Council will review r. Raleigh's request for placement of the trolley location within the next two weeks. 2. amending the Precinct boundaries to 6 e e Stillwater City Council Minutes Recessed Meeting May 1, 1990 stated the neighbor has a concern because they have problems with their septic system and the two systems would be too close. Discussion followed between Council, Staff and Mr. Locey regarding these concerns. Mr. Locey also inquired regarding a storm sewer easement located on the cul de sac 30 feet to the east of the property line on Lot 8 and which has washed out. Motion by Councilmember Opheim, seconded by Councilmember Kimble to continue the request for an on-site sewer system located in the Brown1s Creek Heights Subdivision, Block 1, Lot 8 with a two foot setback from drainfield to property line, ten feet required, Craig & Sharon Locey, Applicants, until the next regular meeting on May 15, pending a Staff report on the drainage and drainfield use, Case No. OSSj90-1. (All in favor). e 3. Review of offer from Cu~oods to make available 90 - 100 parking spaces for public use after 6:00 P.M. weekdays and Saturdays, Sundays and holidays. Council tabled consideration of the offer from Cub Foods to make 90 - 100 parking spaces available after hours until the May 15 meeting. 4. Possible appointment of Shawn Draper as member and Linda Smith as Ex-officio member of Heritage Preservation Commission. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to appoint Shawn Draper as a member and Linda Smith as an Ex-officio member of the Heritage Preservation Commission. (All in favor). 5. Possible reappointment of Jack Jewell to Board of Water Commissioners. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to reappoint John Jewell as a member of the Board of Water Commissioners. (All in favor). 6. Claim from Inna Turchman for damage to skirt from paint on ~rk bench. Motion by Councilmember Bodlovick, seconded by Councilmember Ki le to authorize payment of $53.10 to Inna Turchman for damage to skirt from paint on park bench. (All in favor). 7. Possible approval of Labor Contracts for Police, Fire and Public Works. Motion by Councilmember Farrell, seconded by Councilmember BodloV1Ck to approve Labor Contracts for Police, Fire, Public Works and AFSCME employees. (All in favor). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of May 1, 1990, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 8275). e 7 Stillwater City Council M'nutes Recessed Meeting May 1, 1990 e Ayes - Councilmembers Bod ovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. The following Contrac orIs Licenses: Charles Balley General Contractor 1224 North Second St. Stillwater, Mn. 55082 Colburn Carpentry 565 County Road UU, Box 6 6 Hudson, Wi 54016 Conklin Construction 130 Forest Ave. Mahtomedi, Mn. 55115 Marco Construction Co, In . 2233 No. Hamline Ave. Roseville~ Mn. 55113 Miron Carpentry Rt. 3, Box 711 St. Croix Falls, Wi 5402 General Contractor General Contractor General Contractor General Contractor Panel Craft of Minnesota, Inc. General Contractor 3118 Snelling Ave. So. Minneapolis, Mn. 55406 Peterson Construction General Contractor 1919 West Pine Street Stillwater, Mn. 55082 Ritzer Excavating, Inc. Excavators 919 Fifth Ave. So. Stillwater, Mn. 55082 Selzler Excavation, Inc. Excavators P.O. Box 522 Osceola, Wi 54020 George Siegfried Const. C . General Contractor 11223 32nd St. No. Lake Elmo, Mn. 55042 8 Renewal Renewal Rene~/a 1 Renewal New e Renewal Renewal Re newa 1 New Renewal e e e e ~ Stillwater City Council Minutes Recessed Meeting May 1, 1990 COMMUNICATIONS/FYI 1. Request from David Cysewski, T.E. Warth Automotive Books, for City regulations regarding overflying of Stillwater community by helicopters or landing on private or public property. No action was taken. 2. Letter from residents living on west side of the 700-800 block of So. Third St. expressing dissatisfaction with sidewalk & curb construction. This item was discussed at the beginning of the meeting. 3. "Thank you" letter from Community Volunteer Service for Senior Citizen support. Council acknowledged this letter. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 10:00 P.M. (All in favor). Resolutions: No. 8275 - Directing Payment of Bills. No. 8276 - Honoring Centennial Ballet Troupe of Novosibirsk, U.S.S.R. No. 8280 - Partial Street Vacation of So. Holcombe St. MAYOR ATTEST: CITY CLERK 9 , . f e REGULAR MEETING STILLWATER CITY COUNCIL MINUTES May 1, 1990 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Kimble, Opheim and Mayor Abrahamson. Absent: Councilmember Farrell. Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Parks Director Blekum Public Works Director Junker Public Safety Director Mawhorter City Clerk Johnson Press: Sharon Baker, The Courier Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press Lynne Bertalmio, Judy Arends & Tom Dellenbach, Washington County Public Health Dept. INDIVIDUALS & DELEGATIONS 1. Lynne Bertalmio, Downtown Council - Request for Music in the Park and Beer Permit (Lowell Park in August). Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the "Permit to Consume"; to provide financial support with the amount to be determined at a later date; and, also to include any recommendations made by the Police Dept. for five concerts in Lowell Park on August 1, 8, 15, 22 & 29, as requested by Lynne Bertalmio, representing the Downtown Council. (All in favor) . e Others: 2. Tom Dellenbach & Judy Arends, Washington Co. Public Health - "Household Hazardous Waste Collection Event" Ms. Arends and Mr. Dellenbach presented a proposal to hold a "Household Hazardous Waste Collection Eventll in the City of Stillwater, possibly on September 8 or 15, 1990. They are requesting the City to provide approximately 35 volunteers to work at the event, two to three dumpsters, and donations. The County will provide technical assistance, publicity and disposal of the items. This event would include a larger area than Stillwater, such as Oak Park Heights, Bayport and the Townships. An agreement would be drafted to cover the responsibility of each party and cover any City concerns. e 1 Stillwater City Council MOnutes Regular Meeting May 1, 1990 Motion by Councilmember 0 heim, seconded by Councilmember Bodlovick to approve the concept of hosting a IIHousehold Hazardous Waste Collection Event", in conjunction with Washingt n County Public Health Dept., in the City of Stillwater with the tenta ive date to be September 8 or 15, 1990. (All in favor) seconded by Councilmember Kimble to approve Public (All in favor). 2. Ayes - Councilmembers Bod ovick, Kimble, Opheim and Mayor Abrahamson. Nays - None to adopt at the r Firemen OV1C , seconded by Councilmember Opheim to adopt appointing Robert Kroening, Thomas Crotty, Jon as Part-paid Fire Department personnel. (Resolution Ayes - Councilmembers Bod ovick, Kimble, Opheim and Mayor Abrahamson. Nays - None Placement of "Child a mentioned Works 3. Community Development Director - S ecial Meeting - May 8, 1990 CounCl sche u e a S eClal Meeting for Tuesday afternoon, May 8, 1990 at 4:30 P.M. to discuss omments on the proposed new River Bridge and Special Assessment Policy. 2 . ... ~ e e e .I ~ J e Stillwater City Council Minutes Regular Meeting May 1, 1990 Placement of National Register Plaque for Lowell Park Comm. Dev. Director Russell reported to Council that the National Register Plaque will be placed in Lowell Park off the Chestnut St. entrance to the Stillwater Bridge. 4. Parks Director - Employment of Robert Johnson Motion by Councilmember Kimble, seconded by Councilmember Opheim to adopt the appropriate resolution employing Robert Johnson part-time in the Parks Dept. (Resolution No. 8279) Ayes - Councilmembers Bodlovick, Kimble, Opheim and Mayor Abrahamson. Nays - None Permit to Consume (Central Labor Union & Stillwater Park & Rec. Board) Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a "permit to Consume" for the Central Labor Union picnic at Pioneer Park on June 21, 1990. (All "in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve a "Permit to Consume" for the Stillwater Park & Rec. Board steak fry in Pioneer Park on May 22, 1990. (All in favor). e 5. Consulting Engineer - Study of Drainage Problem on Zephyr Property Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve a study of the drainage problem on the Minnesota Zephyr property. (All in favor ). 6. City Attorney - Old Baptist Church Property - 4th & Pine Streets Motion by Councilmember Kimble, seconded by Councilmember Bodlovick directing the City Attorney to draft a stipulated agreement between the City and James D. Meyers, owner of the Old Baptist Church property at 4th & Pine Streets, allowing Mr. Meyers 45 days in which to sell the property, or if unable to sell, the agreement would then allow the property owner 45 days in which to demolish the building or give the City the right to demolish the building and assess the costs against the property. (All in favor). 7. City Clerk - Gambling License Application - Friends of Youth Motion by Councilmember Bodlovick, seconded by Councilmember KImble to approve the gambling license renewal for Friends of Youth, Stillwater at the American Legion. (All in favor). e 3 I Stillwater City Council Minutes Regular Meeting May 1, 1990 8. Public Works Installation of Stree lights on Maryknoll Dr. Motion by Councllmember B dloV1Ck, secon e by Councilmember Opheim to approve the installation of three streetlights on Maryknoll Drive. (All in favor). Request for Garbage C ntainers Mr. Junker stated tha Stelletti's Pizza, 4th & Churchill, have requested the City to place gar age containers near his place of business. Council did not take action 0 this request. Sewer Back-up on Main St. Councl lSCUSSlon en ue regarding establishment of a requirement for businesses to install grease traps in order to prevent sewer back-ups. Motion by Councilmember 0 heim, seconded by Councilmember Kimble to forward the claim for a sewer bac -up at Mr. GIS Restoration, 319 Main St., to the City's insurance carrier. (All in favor). Clean-u of Yard at H Mr. Junker requeste yard of the house tha that he send the owne ckory & Martha Streets ermlSSlon to use a crew to clean up debris in the burned and is now being rebuilt. Council advised a notice asking him to take care of the debris. 9. RECESS Motion by Councilmember K mble, seconded by Councilmember Bodlovick to recess the meeting at 5:40 P.M. (All in favor). 4 ~ ~ . e e e e e e , ,4 Stillwater City Council Minutes Regular Meeting May 1, 1990 Resolutions: No. 8277 - Placement of Stop Signs at William & Oak Streets. No. 8278 - Employment of four Volunteer Firemen. No. 8279 - Employment of Robert Johnson Part-Time in Parks Dept. MAYOR ATTEST: CITY CLERK 5 /. e THE APPLICATION TO CONSUME Applicant Information Name of ot'gani zat ion flnne. f4aife & paA-tl{ ------------------------------------------------- APD 1 i cant "lar,le (Fu 11 ) ___f!..'::."!:!:l!~~~______________________________________ St t'eet Ad d t'ess_____'->.:!_I}!~_l.:~o_~~_~.._!_=_!.._______ Bit'th Date C i +: Y t1';'nM-aDO U,4. J ________L____________ State (1';'nn.. Z i p___~'_4!.:!.______ Home Phorle 178-95'81 Wo:;.rk Phone Facility Information Pad{ ot' faci Ii ty to be used_ei:~~e:!:_e~':..________________ e Date to be used_IJ.f!:.'i...!.!!1_!..~'LO__~_ e Time to be '-lsed__Jll~_-_~~~~______ Nunibet' o:;.f pet'sons ex pect ed___~[______._____________~____ P ut'pose (so:;.ft ba 11 9 Cl.rne ~ wedd i ng ~ et c. ) ______t.a:!:!d:.lJ..y_~~______________ Type of activity(fund raiser, dancing, music, etc. ) Check Appropriate Information XXX Beer to Cons'-lflle ________Liquor to Consume Beer to Sell & Consume ________Liquor to Sell & Consume xxx ConSIJrlle to Sell & Co:.nsume Wine Wine ..... - " 1_' Security Information(Intet'nal Use Only) Police Officet' Requir'ed by City?_______Yes._XKK___No. Officer Rate of Pay $ Mail License To: <If diffet'ent than applicant) CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . THE APPLICATION TO CONSUME Applicant Information Name of Ot' 9 ani z at i on____2~:~!:_e_~1_~'::...e_!!.!!:!:.!:~____________________________ Appl icant Nc<.r.le (Full) ____2~~~!!!E!::-::.~""__CrlP-V:!}!I.P-~}j-{.-C!.~!{~~~-:~~~~-~t2R U) ~ r'f"'NeA - f~Ef. Sb'eet Addt'ess_____________________________ B i t'th Date__1!.~__~~~':..:eA/VS City_____________________ State Zip_____________ Home Phone Wot'k Ph,::>ne Facility Information Pad{ m' faci 1 i ty to be 1.\sed_____.tC!.!'~.JA:~}..-------------- e Date to be used_!)J1.!f~_9..f.1..Q~_L9...q..9_' Time to be. used_____~~~E_________ Nun; bet' of pet'sons ex pect ed_______{g.!-~_.__________________ PUt'pose (soft ball game~ wedd i ng~ et c. ) _'--J2!!.4_'!..e:....nd-!!.~!..._4.!!_!!.!!!.._____________ Type of activity(fund raiser, dancing, mus ic, etc. ) Check Appropriate Information Beer to C,:,nsurl1e ________L i q UOt' to COnSl.\nle .%XKX____Beet' to Sell & Consume ________Liquor to Sell & Consume Wine .L.. .. l" I_I Consl.\me Wine t.:, Se 1 1 & Cc,ns ume Security Information(Inter'r,al Use Only) p,:, 1 ice Officer' Req'Jit'ed by City? _XKX___Yes. _______No. Officer Rate of Pay $ e Mail License To: (If different than applicant) CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 / e THE APPLICATION TO CONSUME Applicant Information Name ':' f Cot' 9 ani z at i on___2~!!!:.~_&_2~i:.'i.JY~~<:.f'!:!_.E~::'!:!::..'L____________________ APD 1 i cant "Iar,ie (Full ) ____2~~:!!:.~--'-f}.!!!:~c:.~________________________________ Stt'eet Addt'ess 11/5-N. 2nd $-t.. Birth Date C i t y $-tU.Lwa-telt., t1';'nn --------------------- S tat e f'1';'nn.. Zip _?:.~O!3________ Home Ph':'l""le Wot'k Phone Facility Information Pat'k 01"' faci 1 i ty to be '-tsed___p.M1.t1&..P,&_.pM.&______________ Time to be. used ___L:JW=.9.:....OJLE.../'L_____ e Date to be used~~-ll~q~Q---- e N un; bet' 0 f pet"?orrs expect ed ________y!}~____~_____________ P ut'pose (soft ba 11 9 arne, wedd i ng, et c. ) _______e.:f_C;..~___________________ Type of activity(fund t'aiset', d~\rIcing, mus ic, etc. ) Check Appropriate Information _.JXK____Beer to Corlsume ________Liquor to ConsuMe Beer to Sell & Consume ________Liquor to Sell & Consume Wine '..Jirle to Sell 8,. Cc,ns ,-ulle .... - \" I_I Con s ur,le Security Information(Intet'nal Use Only) p,:, 1 ice Officet' Requit'ed by City? _______Yes. _.XKX___No. Officer Rate of Pay $ Mail License To: (If different than applicant) CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 / e THE APPLICATION TO CONSUME Applicant Information Narne elf o:.t'gani zat i on______~-t.!!~~~J~:!:!:'L_______________________________ Apolicant Name(Full) ,g-tu.ce fl-to Y/4on St t'eet Addt'ess_~.32:~.._P.!!.!:~'!....lfI:...b_e_______________ Birth Date CitY_~~~~~~~L3~~~~_____ St ate t1.;,r1.Yt... Zip_!~~~~_______ Ho:.me PhorJe WOt'1-<. Phone Facility Information Pat'l-<. Ot' faci 1 i ty to:. be used_E~9..~e~_.E.t!::'!:..'=-________________ e Date to be used.flM_LG..:..J.!1i~____ T i fI1 e to be used __'-:~!!.__e..~~__!_c:!-'!!~'!:j___ Nu~ber of persons ~xpected____!~____~_______~__________ Put'pose (soft ball game, wedd i ng, et c. ) _____e.~c::..."!i_.:_____________________ Type of activity(-Fund t'aiset', dancing, music, etc.)___ta.:!!'-~!!:~'!:~.!!______ Check Appropriate Information .5XK_____Beer to Cc,nsunle ________Liquor to ConSUMe Beet' t CI Sell & Consurlle ________Li q UOt' tCI Sell & ConSUflle Wine .l... _ I", I_I C':Il':SUr'le Wi r, e t ':' S ell & Cons '_\fIle Security Information(Intet'nal Use Only) P':llice Officet' Requit'ed by City?_______Yes._.%..JX___No. Officer Rate of Pay $ e' Mail License To: (If different than applicant) CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 / e r illwater ~ - - ~ THE B I R T H P LAC E 0 F .M I H H E SOT A ~ APPLICATION TO CONSUME Applicant Information Name of ot'oanization I1O"feLf Wedd-i.YUf paA-t:'j - -------------------- ---------------------------- ADOl iCat-lt "la.r,le (Full) t1a/t-u flnn 9/t-a~e4 , . _____~L______~___________________~_______________ S t t' eet Ad d t'ess ____~~8.:J!!:Jiy_e~_~!...____________ Birth Date City_~~f~3~~___________ St ate t1';'nn.. zip_if~83________ Home PhorJe 419-7664 Wot'k Phone Facility Information Pat'l-t, Clr' faci I i ty to be l-lsed___e.~~~J!....U:!!_.f!._______________ 4i' Date to be used__~~_-t~_1~_~~9J__ Time to be used___l~L~~~LL~P~~____ Nurij bet' of per'sons ex pect ed__~__J.2____.______~___________ PUt'pose (soft ball game, wedd i ng, et c. ) ____w..f!:..d-.E-i-.!!'1._____________________ Type of activity(f'_md t'aiset', dancing, r'lusic, etc. )____!!:!::~~--ti:Q~------ Check Appropriate Information Beer to C,:,nsume ________Liquor to ConsuMe Beer to Sell & Consume ________Liquor to Sell & Consume __.xXK___Wi ne .... - ..... 1_' Consume Wine to Sell & C,:,nSl.lflle Sec'_lrity Information(Inter'nal Use Only) P,:.lice Officet~ Requit'ed by City?_______Yes.__..xxK._No. Officer Rate of Pay $ e Mail License To: (If different than applicant) CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e , MEMORANDUM TO: and City Council , f\ Deblon, Finance Director c1)p0J Mayor FR: Diane DA: May 7, 1990 RE: FIRE RELIEF ASSOCIATION / The annual meeting of the Fire Relief Association in April prompted me to further investigate the areas of fiduciary duty and investment policy of the Relief Association. Dave Magnuson has offered his opinion regarding fiduciary duty, which I have attached. Of major concern, is the investment of plan assets (which amount to approximately $750,000) for the Relief Association. Specifically, prior to the annual meeting, I was unaware of 1) plan assets being turned over to an investment manager and 2) plan assets being invested in the stock market. My concern is two-fold, in that 1. as a member of the Board of Trustees, I have a fiduciary duty to the Relief Association, and 2. as Finance Director for the City, any loss sustained by the Relief Association would be borne by the City (to provide City Council approved benefits to plan participants). In addressing my concerns for investments of the Fire Relief Association plan assets, my opinions are based on my knowledge and background as Treasurer and Finance Director for the City of Stillwater. In my opinion, the plan assets of the Fire Relief Association should be invested to preserve capital and provide the highest rate of return with a minimum amount of risk. Investment in the stock market presents a high degree of risk with no guarantee for capital preservation. Current plan assets at risk in the stock market represent 30 - 40 percent of total plan assets. I do not believe that this pension plan can afford the risk assumed with investing in the stock market. Further, I would recommend that plan assets be invested and diversified in the following types of investment instruments: 1. Insured certificates of deposit, with collateral pledged for deposits over $100,000 in a single institution. 2. Obligations of the US government and its agencies. 3. Commercial paper with the highest rating maturing in 270 days or less. e e e , 4. Bankers acceptance. It is my further recommendation that the Fire Relief Association purchase insurance for the Board of Trustees to cover losses sustained in the investment of plan assets for breach of fiduciary duty. Rob McGarry is checking into the cost and will have quotes within'a couple of weeks. cc: Nile L. Kriesel Jim Stevensen Dave Magnuson Board of Trustees President Jon Conati Vice President Ron Johnson Secretary Rob Zoller Tresurer Jim Stevensen Tom Linhoff Tim Bell Gordy Seim e e e " MEMORANDUM TO: Diane Deblon, Director of Finance Wally Abrahamson, Mayor James stevenson, Trustee, Stillwater Fire Department Relief Association FR: David T.. Magnuson, City Attorney DT: April 6, 1990 RE: Firefighters Relief and Retirement Diane Deblon, as the City Treasurer, has asked for my oplnlon with regard to the fiduciary responsibility owed by the trustees to the Stillwater Fire Department Relief Association with regard to the investment of the fund assets. Minn.. Stat. ~ 423A..21 sets forth that the officers and trustees of the fund bear what is known as a "fiduciary" responsibility with regard to the discharge of their duties. A fiduciary bears a special relationship to the beneficiaries of any fund over which the fiduciary has oversight.. An example of other fiduciaries are trust officers at a trust company or the executor or administrator of an estate.. In my view, both the mayor and the treasurer, even though the Bylaws provide that they are ex- officio members, owe a fiduciary responsibility to the Fire Department Relief Association since their activity falls within the definitions given in Minn.. Stat.. ~ 356A.02, Subds.. 1 and 2. Since we have established that you, as trustees, owe a duty to the fund and the fund beneficiaries, the next question is what is the standard of fiduciary conduct that you will be held to? The standard of care that must be exhibited by trustees is found in Chapter 356A of the Minnesota Statutes, as well as Section 11A.09~ In both statutes, the standard of care is identified to be that of the prudent person and the law provides that the fiduciary "shall act in good faith 'and shall exercise that degree of judgment and care, under circumstances then prevailing which persons of prudence, discretion and intelligence would ~xercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital" as well as the probable investment return to be derived from the assets. Minn. Stat. ~ 356A..09, Subds. 1 and 2 provide that the fiduciary breaches its duty by failing to observe this general standard and also by carrying out activities prohibited by ~ 356A.06, Subd. 9, which lists a number of assets that are permissible for the fund to carry. - 1 - e . Minn. stat. ~ 356A.09, Subd. 2 provides that when a fiduciary breaches its duty, the full remedies available by statute or common law are available to the fund and its beneficiaries. These remedies include the right of the fund to surcharge the fiduciary for any fund loss and to make the fiduciary personally liable for mismanagement, fund dissipation or other losses that are caused by a breach of the fiduciary standard. It should be noted that the standard refers to "circumstances then prevailing" with regard to the standard exhibited by the fiduciaries. This expression has significant meaning in the law since those with particular knowledge in a given area create special circumstances that are then factored into the standard of care.. This means that Diane as the City Treasurer would have a higher standard of ' care than Wally since Diane possesses special knowledge of municipal investment, market conditions and what should normally be done with public pension funds. The first thing that the trustees should do then in order to be in compliance with their fiduciary responsibility is examine the list of authorized investment securities that are permitted investments pursuant to ~ 356A.06, Subd. 6.. They must compare the independent auditor's report of the fund activity to see if the securities listed in that report are permitted securities pursuant to this statute.. e The next question the fiduciaries must ask is whether a fund of this nature should own a significant amount of common stock, as is indicated in this report to be owned by the fund as of December 31~ 1989.. In my view, the potential for liability with regard to this fund is very high and because of the uncertainty of the stock market and prevailing market conditions, perhaps nothing more risky than government securities would be a proper investment for these assets.. Re~pectfully submitted, h L:J.-r. ) 1 h~....,,--) .J K-.-J David T. Magnuson Stillwater City Attorney DTM:kn Attachment e - 2 - t -. ... ~ - e DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF illwater ~ :=---.;: -- ,~ THE BIRTHPLACE OF MINNESOTA . J GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: MAYOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE: f'r1AY 8, 1 '3'30 RE: REQUEST BY DOWNTOWN COUNCIL FOR MUSIC IN THE PARK ------------------------------------------------------------------ At the Council meeting of May, 1, 1'3'30 the Council tentatively approved a permit to consume and a permit to conduct music in Lowell Park on August 1,8,15,22 and 2'3. At the meeting, I expressed some concern over this request due to the fact that Police Protection would have to be provided and I had not been contacted at all regardi~g the event by the Downtown Council. e My concern are as follows; 1) Because the request has the sale of beer as part of the event, it will be necessary to provide Police Protection. 2) I anticipate that at least four officers will be needed to adequately police each event. Figuring the costs for this protection at an average of 5'3.00 per hour per officer, the total cost of each day would be 5166.00. The total cost of all five dates would be around 5830.00. Council should note that currently, for events like wedding receptions, high school events, Drum Beauty, softball games and the Brines Bike Race, the department charges $13.50 per hour for police protection. 3) Because the Downtown Council has requested $1000.00 from the city as a donation to help put on the event, I can only assume that the Downtown Council expects the police protection at no charge. 4) This amount of money is not budgeted for in the 1'3'30 police budget. If we are expected to provide protection for this event without any remuneration, we will either go over budget in this area or we will have to cut back in other areas that are budgeted for. As special events seem to get priority over'other police related activities the end result will be a cut back in special park patrols to curb drug abuse, special patrols for major holidays, like Halloween and New Years Eve added patrol shifts e Form 2Q91 Disk STW-l 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612.439.1314 or 612-439-1336 Fire Phone: 612-439-6120 I I for those times when ~ur normal allocation of patrolmen is insufficient to handle the work load, and insufficient funds to cover regular office vacation, sick and compo time. This will result in the use of full time officers at overtime rates to cover these shifts w ich will unnecessarily drain the police overtime budget. I feel that special events are very nice for the city but the police departmerlt is being IIspe ial eventedll tCI death. Each clf these events requires police protecticn and the sponsors of the event expect the police protection for fr e. I don't feel, in light of already tight budgets, the loss of sta e revenue and growing crime concerns t'eq u i t. i rig add it i o:q",a 1 pc' l' ce pet.sor......e 1 that these spec i a 1 eve....lt s should be allowed to tak place unless the sponsors agree, in advance, to pay the bill for the police protection they require because of their existen I would recommend that t required to pay all poli City Council grant a spe the costs of each specia '30-28 is event and all other special events be e protection costs from here on or that the ial budget appropriation to the police for eve....'t . , ~ e e e .... .. e QtO ~aje~ 'f" ""'''''' ".",,,~':l APPLICATION TO CONSUME Applicant Information Name .:,f m'gani zat i c'n___}~-1L~t!:-:1_d!::::!:-~_-~~L_--_-_---__ l Aop 1 icay,t Name (F'.. 'u-,-5:.nu",~_~v~""fb.bJ'.l'~__----u----------- St.-eat Ad d ress ----~'---_fJ:------------- B i ,-t h Da t e____________ City~~~~~-- State__________________ Zip_____________ H':'01e Ph.:,rle_S!-Q~=_fJe_?_~ W.:,rk Ph.:.ne Facility Information Pat~k .:.t' fa.ci 1 i ty tQ be l_lsed__~~.H'--t-j--.f~:...---- Date tel be used~,-~J'+l.:f.-) .' Tinl€? tl~ be used_.2=-_~_~_rr~'-~~-~_-- , ,u C).-c:J- ~ ~ 1 ' ,eNl.lmbet' ';:If pet~s.;)ns expected_____________________________ Purpose(softball game, wedding, etc.)_______________________________ Type clf activity(fund t'aiset', dancing, music, etc.)A~cC::;r_~~ --------------------------------------------------------------------- Check Appropriate Information ________Beer to Consume ___~Beet' tCI Sell & C.:.nsufIle ________Liquor to ConSUMe ________Liquor to Sell & Consume ________Wine to Consume ________Wine to Sell & Consume Security Inf.;:Irmation(Irltet~nal Use Drily) Police Officer Required by City?_______Yes._______No. Officer Rate of Pay $ Mail License To: (If different than applicant) e --------------------------------------- -------------.-------------------------- -------------------------------------- CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 @ e DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF e GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: MAYOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE: 1'r1AY 10, 1990 RE: DOWNTOWN PARKING PROGRAM CONCERNS --------------------------------------------------~-~------------- As a result of meetings with the Downtown Parking Task force, suggestions from the Parking Control Officer, complaints received and personal observations, the following concerns have developed regarding the downtown parking program. At this time I am unclear as how to proceed on some of them. I wi11 list them below and make my recommendation for resolution. I would like Council direction on how to procede with these concerns. e 1) ~~nQi~~QQ~Q_Q~~~ing_iD_DQD=n~DQi~~QQ~Q_~~~~a Current state law does nc.t speak to handicapped vehicles parked in time limited zones. Because of this, the city could issue handicapped vehicles tickets for overtime parking if they des i l"~ed. B~~Qmm~DQ~tiQD: Either administratively c.r via ordinance, allow handicapped vehicles (with proper identification) to park for any duration of time in any limited time zone area in the downtown area with the exception of employee permit zones. 2) e~~mit_e~~~iDg_aign_limita The task force has asked why the permit parking is Monday through Friday and the general enforcement of the program is Monday through Saturday. They state that as many employees need parking on Saturday as on any other day of the week. They feel the signs need to be changed to read Monday through Saturday as the other signs read. B~~Qmm~DQ~tiQD: Leave the situation as is and, advise the task force of the reasons for the way it is posted.. e Form 2091 Disk STW1 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 3) B~2i~~ni2_1i~ing_in_ Q~_~Q~niQ~n_2L~e I have received two downtown and have re time zones. They do the landlords don'~ omplaints from residents who live in the eived several tickets for parking in limited .'t seem to know where they can park because rovide parking for them.. e B~SQmm~n~2iiQn: I ha e advised them and would recommend that they buy a permit and par in the permit parking areas. 4) g~2in~22_Q~L2Qn2_Qn_ Q~_~QLiQ_~n~_Qf_iQ~n The task force advis d that the business persons on the north end of town feel like th y have been left out of the plan. It appears as if they w nt some parking control in that area also. B~SQmm~n~2iiQn: Watc identify the need an the area for a few weeks and further desire of the area business persons. 5) IQ~_221~_Qf_QeL~ing_ ~Lmii2: The task force expre sed a desire to purchase parking permits for more than one month t a time. B~SQmm~n~2iiQn: Sel the permits for any number of months except that no permits will be sold for the year 1991 until at least December 1990. 6) I IQ~_n~mQ~L_Qf_Q~Lmiid_iQ_Q~_2Ql~: The task force feelslthat the city should sell as many permits as are requested and ma.e adjustments to parking in lots according to the demand for em loyee parking. The fact that as more spaces are dedicated to pernit parking, less spaces are available for customer parking has been expressed to the task force. They still feel that if m Ire permit spaces are needed, they should be allocated. e B~SQmm~n~2iiQn: Issle permits as requested and monitor permit vs. non permit parki g availability. If the lack of customer parking becomes arl i sue, I am sure the task force will be advised by other dow town business persons. 90-30 e @ e DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF illwater ~ ~ --- \~ THE BIRTHPLACE OF MINNESOTA . J f) GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO=' MAYOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR FROM = D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR .~/} DATE = MAY10, 1990 RE= REQUEST TO FILM A COMMERCIAL IN THE DOWNTOWN AREA ------------------------------------------------------------------ A Joe Schaak of Departure Films contacted me. He wishes to film a commercial in the downtown area. He stated that the commercial would be sold to Shopping Malls to use as advertisement. To film the commercial they wish to block off Chestnut Street from Main to Second from sunrise to noon on May 23rd or 24th. e I don't see any benefit to the city this endeavor. Further, I feel that this would cause an unreasonable demand on police and an uYH.easc.....'able ir.lpC.si t ic.....1 c....., the publ ic i y, gey,el"'al. I would stl"'c'Ylg ly recommend that the Council deny this request. 90-31 e Form 2091 D:sk STW.1 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 <r) e DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF i1lwater '~ ~ \~ THE BIRTHPLACE OF MINNESOTA J &1 ~ GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: CHOCK JUNKER, PUBLIC WORKS DIRECTOR FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE: tr1AY B, 1990 RE: SPEED ZONES IN THE INDUSTRIAL PARK ------------------------------------------------------------------ I requested that the City traffic engineer look into the speed zones in the Industrial Park area of the City. As a result, he obtained the State MINDOT officially assigned speed zones for the Industrial Park area of the City. They are as follows; 1) On Northwestern 8ve. from Curve Crest Blvd. to the intersection with the North Frontage Road of Trunk Highway 36. ~Q_~~e~~~ e 2) On Tower Drive from Washington St. to the intersection with Northwestern Ave. ~Q_~~e~~~ 3) Orleans St. from Washington St. to the intersection with County Road #5. ~~_~~e~~~ 4) Industrial Blvd. from Curve Crest Blvd. to the intersection of the North Frontage Road of Trunk Highway 36. ~Q_~~e~~~ 5) Washington St. from Orleans St. to the intersection of the North Frontage Rd. of Trunk Highway 36. ~~_~~e~~~ 6) Curve Crest Blvd. South Greeley St. from Washington St. to the intersection of ~;;L!.'1~e~~~ Officers have been in the area and state that there is a speed problem. I would appreciate it if you could arrange for the posting, in accordance with MINDOT signing regulations, as soon as possible. CC: Nile Kriesel, City Coordinator Mayor and City Council Attachmerlts e 90-27 Form 2091 D.sk STWl 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 r e OAK GLEN UPDATE From tbe Oak Gl~n Negotiating Committee May 15, 1990 On March 6, 1990, the City Council appointed a committee consisting of Council persons, Bodlovick and Farrell, and Nile Kriesel, Dave Magnuson, Ron Langness and Tom Hay, to meet and negotiate with the various interests involved in the Oak Glen project and recommend a course of action to the City Council. The committee has met at least every two weeks and staff people on the committee have had contact with regard to the problem on a daily basis. The committee has tried to identify various concerns that must be dealt with in any workout proposal. The committee's first concern is with the interests of the City and the City's interests involve the payment of delinquent taxes. Any future risk is associated with the development and the projected and future buildout of the development according to a sound beneficial plan. e Various debtors are also concerned with the project and they include the secured creditors such as bondholders of an industrial revenue note that was sold to finance the construction of the golf course and clubhouse. Other mortgage holders include local banks and their successors in interest and other secured creditors.. There are also unsecured creditors which include banks, as well as trade creditors and the interests of the underlying property owners who sold the land to Oak Glen Development Company, that should be satisfied. The neighbors of the project are also concerned and the committee has studied the effect of future changes on the existing homeowners in terms of their property values and the status of the golf course. Many different approaches have been considered by the committee, at least one of which has included the study of the purchase of the golf course. At this time, the committee is very close to recommending a solution to the problem that would be comprehensive and that if implemented by the Council, would address all of the concerns that we have mentioned. e Public disclosure of each element of the workout at this time, however, might jeopardize the proposal since there are many tentative commitments that must be reduced to writing and reviewed carefully in order that surprises might be avoided.. e e e . Update, continued The committee has suggested that June 5, 1990, be viewed as a date that a comprehensive proposal could be submitted to the Council for consideration. In the meantime, if any person or group has suggestions or concerns with regard to the problem, they should submit their concerns in writing to the Mayor and Council.. .. ~ / / ~ RIDER, BENNETT, EGAN & ARUNDEL ATIORNEYS AT LAW e WILLIAM T. EGAN EOWARO M. ARUNDEl. CONAl.D R. BACKSTROM CAVID F". F"ITZGERAL.D LARRY R. HENNEMAN_ JOHN P. F"l.ATEN DAYTON E. SOBY CAVIO J. BYRON RICHARD .,J. NYGAARD oJ. OENNIS O'BRIEN. AL.FREO SEOGWICK STEVEN J. KLUZ RICHARO H. KROCHOCK GENE C. OLSON ROGER R. ROE, .JR.. .,JEF"FREY R. SCHMIDT GREGORY M. WEYANDT- ERIC oJ. MAGNUSON- RONALD e. LAHNER* ..JOHN B. L.UNSETH II .JOAN S. MORROW GENE H. HENNIG SHERYL RAMSTAD HVASS KEVIN C. DOOLEY MARK W. SCHNEIDER_ .JOHN O. SAUNDERS PATRICK oJ. SAUTER e e PATRICIA A. BURKE F"AANK e. BENNETT KEITH J. KERFELO BRIAN A. WOOD. ANN BARRY BURNS. BARRY F. CLEGG CAVID M. BOl.T MARTHA M. SIMONETT JANE S. WELCH STEPHEN P. WATTERS LESLIE M. ALTMAN LOUiSe: A. DaVRE JILL F"L.ASKAMP HALBROOKS ..JAMES 1-. FORMAN ..JEFFREY D. CARPENTER KENNETH S. GUENTHNER ROBERT B. ..JASKOWIAK CHI-OETHIEI- w. DEWEESE ..JAN M. GUNDERSON ROBERT A. AWSUMB ..JANETTE K. BRIMMEFh ANDREA S. BRECKNER WII-L.IAM ..J. EGAN MARY E. PAWI-ENTY PATRICK ..J. ROONEY TIMOTHY ..J. PAWI-ENTY I-AURA TUBBS BOOTH May 11, 1990 THOMAS G. ROCK TERRII-. GROEN ..JONATHAN N. ..JASPER YVETTE D. ANSEl- ANNE BRYANT WIGHT DAVID T. KI-APHEKE ANDREA MITCHEl-I- WAI-SH PAUl-A G. FORBES. AMY K. ADAMS DEBORAH C. ECKI-AND RANDAl-l- H. I-ENTZ STEPHEN O. PI-UNKETT 2000 LINCOLN CENTRE 333 SoUTH SEVENTH STREET MINNEAPOUS, MINNESOTA 55402 TELEPHONE (612) 340-7951 TELECOP'ER (6121 375-0701 GENE F. BENNETT (1926-1983) OF' COUNSEL STUART W. RIDER, ..JR. KENNETH R. ..JOHNSON DOUGI-AS K. AMCAHI- WRITER'S DIRECT DIAL NUMBER .ALSO AOMITTED IN WISCONSIN 340-7968 Mayor Wally Abrahamson city Hall 216 North Fourth street stillwater, MN 55082 Re: Oak Glen Homeowners Association Dear Mayor Abrahamson: This law firm has been retained by the Oak Glen Homeowners Association to assist it in its ongoing relationship with the City of stillwater and the Oak Glen Development Company. It is our understanding that on March 6, 1990 the City Council decided to form a special committee to investigate various ways of handling financial problems associated with the Oak Glen development project, which as you know has been primarily managed by Mr. David Johnson. It is further our understanding that since that time this special committee has been meeting on a regular basis with Mr. Johnson and has been developing plans that could have a significant impact both on the future development of unsold residential lots and the future management of the golf course. Quite obviously, these issues are of critical concern to all of the existing homeowners who are represented through their Homeowners Association. On a number of recent occasions we have requested an opportunity to meet with the special committee for the purpose of being advised of its progress in negotiating with Mr. Johnson, various creditors of the Oak Glen Development Company, and potential purchasers of the unsold residential lots. We also wish to have an opportunity to share with the committee a number of issues which are of particular concern to the Homeowners Association. To date, we have been refused the opportunity of meeting with the committee. MAY 1 4 1990 , e e e RIDER, BENNETT, EGAN & ARUNDEL Mayor Wally Abrahamson May 11, 1990 Page Two We are therefore requesting you and the other members of the city council to take whatever steps are necessary to facilitate a meeting between representatives of the Homeowners Association and the special committee. We would emphasize that from what little we know of the committee's activities to date, we have every reason to be very supportive of the direction in which things are going. Indeed, we have every reason to suspect that once the committee meets with the Homeowners Association it will find that our interests are largely parallel and that the Homeowners Association would be in a position to support the activities of the committee. A meeting within the very near future between representatives of the Homeowners Association and the committee would, in our opinion, be in everyone's best interests. Thank you very much for giving this matter your consideration. Very truly yours, RIDER, BENNETT, EGAN & ARUNDEL GHH:ls cc: Ms. Ann Bodlovick Ms. Roberta Opheim Mr. Jay Kimble Mr. Thomas Farrell David Magnuson, ,Esq. Mr. Nile Kriesel Ms. Diane Deblon Thomas S. Hay, Esq. ,. I e e e r illwater ~ -~~ ~ - THE BIRTHPLACE OF MINNESOTA ') - 111 G~ ~ r>/r-9J TO: Mayor and City Council FROM: Steve Russell, Community Development Director DATE: April 26, 1990 SUBJECT: Parking Agreement to use Cub employee parking during non-use times. The idea for shared use of parking Downtown was first discussed in the Downtown Plan. Some of the larger offices and service uses, including banks along Second Street and Cub Foods Headquarters just north of Chestnut, provide parking for their employees usually Monday-Friday, 8:00 A.M. to 6:00 P.M. City Staff has discussed the possible use of the CUB employee park~ng spaces, 90-100 spaces, after 6:00 P.M. on weekdays, weekends and holidays. This is when the peak parking demand occurs in the Downtown. CUB has offered to lease the 90 spaces to the City on a year to year basis for $3,000 per year. The City would also be responsible for signage changes, insurance during public use, and trash pickup after weekend use. The $3,000 or $33.00 per space is a good rate for 90 parking spaces. It is possible that some of this cost could be passed on to benefiting downtown activities, such as special events in Lowell Park or the MTM train rides, should the City want to defer the cost. A Downtown Parki ng Di strict to pay parking costs could also be considered when the report on the Parking Management Program is reviewed later this year. RECOMMENDATION: Direct Staff to prepare a lease agreement with CUB Foods for the use of 90-100 parking spaces for $3,000 per year~ /)17/11 S~ ~ ~ ~P/)tJDt) OO.43/oou. ;L--- CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ..- I c\ (lj ~ I 1-....'.. ~! Q :,o.r ; I" .. \ " . \ \ \ l~ ."' "; :\ ~"\\-~!~ [ Jtr ~I;\~ \)----U' r' c~ (F I U \ ' .' JJ ~ i~n .... 'SU '11l: I' . -' '. i.; .; .' ,.-' I .1\, 'r " ' ; ~l\! \hi ~ \ II t:J '8.\\ \ :I ,III. 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(j/)'-' /' -" . ;;1',: ;/ .', t" \) 7 ' / ." -..- J."- . .-,,'\l/"h. . .": ..' .. .'" ;: t.: : .... ..;.' r , r' ",'.-- -. ~.,< ,,:' ~ .ff' . ".' . / -" -.-' ,,- :~. I .,.'/ . ----~ (' . -.' . "-. .:S' i r" , ,.,-",,' '. -- . ,.:'" I ' / \ '. I"" J I I I \ \ \ ~ I I . I e.. 0: u.J ~ a: 8 o .r.: <J) .a' .......-. . ..:. . .,:. . ..... - ; ,.,r-- ..--": - -~ ~.~ '. ',,' . .', . J':,~ :., \\ QU.:_~ iL ; \ ; t ' I ' \ .: ll: I ,. - ~ : \ j: \ t\" \ ~L . I - ! ~ . ~,\ /1 \ . -----! \ ! ii uJ ~ V\ ~ '" : ~ ~ ~i ! : ~"'- ~ -'0' G:: ~ " : G CJ ' " " \ Q ~ \B U J . III ~\~[ ~~! . l' \ -' -t ~ fF , \ e r illwater ~ ~ TH:-:=IRTHPlACE OF MINNESOTA ~ TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Russell, Community Development Director~ April 26, 1990 Parking Agreement to use Cub employee parking during non-use times. The idea for shared use of parking Downtown was first discussed in the Downtown Plan. Some of the larger offices and service uses, including banks along Second Street and Cub Foods Headquarters just north of Chestnut, provide parking for their employees usually Monday-Friday, 8:00 A.M. to 6:00 P.M. e City Staff has discussed the possible use of the CUB employee parking spaces, 90-100 spaces, after 6:00 P.M. on weekdays, weekends and holidays. This is when the peak parking demand occurs in the Downtown. CUB has offered to lease the 90 spaces to the City on a year to year basis for $3,000 per year. The City would also be responsible for signage changes, insurance during public use, and trash pickup after weekend use. The $3,000 or $33.00 per space is a good rate for 90 parking spaces. It is possible that some of this cost could be passed on to benefiting downtown activities, such as special events in Lowell Park or the MTM train rides, should the City want to defer the cost. A Downtown Parking District to pay parking costs could also be considered when the report on the Parking Management Program is reviewed later this yea r . RECOMMENDATION: Direct Staff to prepare a lease agreement with CUB Foods for the use of 90-100 parking spaces for $3,000 per year; e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ! J:! 1 / 6(-', [ ! ! ! 3'\1IiAI'l ! ,- p,! :'01,\ \11 ~ .f~ ::\ l\ ~ ! ~~(}--.~'~. I!;;: ... IR!~ffi 0 0', ~~.'[ '1~\eO[ f in! I~ :-'~" !~r i liill ~r ll: d 'r91 I! ~ult! i : 0 \ c::Ji .~', ! ! : I I '-', ,,("(. r:1 .\ II. '.1 \ \[5. ,~:.!d:j!L : ,'. '. i ',,- "3. m:us .~ ~ L I; i ! I 8 I""" 1:0 :1 . lK~~ I. I! :,' : - . -( , I 'I i' CJ 0: I f 1:'-- f / I - ri ! j: ~ ....r ! ! . i.rJ : Ii I .. ' ;: . . 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I ~ n o ~ e a: UJ > a: x o c: u .....= CJ) lI3J a. w'.:- "'.- -.. .. <.. ,.:", ,-,,-: ..-'.. "," ~ .' r.~ '. '.'-. , \ " \ \ \1\ O' U~-L, I Oil' J j · I) -iL . L-J .I.DUS ! !! 2V'D '..... ~ . . : 1- I L, . ,'" 0' (? 1 I I ~ '. 1 0 I " I I ~ .. IS:' . Q ., ~ i : t J' l ~ [ \, '/' ' LJ~ [ ( lDl1S ~ .Jl'l9O ! ! [ ~ o ~ <:::l ! I . - 1 Q 1 0 '^ ~ ~ : t e e e ~ r illwater ~ ~~ THE BIRTHPLACE OF MINNESOTA J TO: FROM: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR (L- DATE: MAY 11, 1990 SUBJECT: CONTINUED CONSIDERATION OF ON-SITE SEWER PERMIT FOR SINGLE FAMILY RESIDENCE FOR BROWNS CREEK HEIGHTS ADDITION, BLOCK 2, LOT 1,2008 HAZEL COURT. CRAIG AND SHARON LOCEY, APPLICANTS. This item was continued from the City Council meeting of May 1, 1990 for more information. The City's Consulting Engineers performed a site reconnaissance to future review the site (report attached). It appears from the review, that the space available could provide an adequate area for the Lot 8 drainfield (12 foot setback) and a new Lot 7 drainfield. RECOMMENDATION: Review of additional information and decision. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . AFSaJ e ENCINEERS. ARCHITECTS. Pl.ANNERS 3535 VADNAIS CENTER DRIVE, 5I PAUL, MINNESOTA 55110 612490-2000 May 8, 1990 RE: STILLWATER, MINNESOTA PLANNING CASE REVIEW PLANNING CASE NO. OSS/90-1 Mr. Steve Russell, Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: e As requested, we have reviewed the preliminary plan for the on- site sewer system for Lot 8, Block 1, Browns Creek Height subdi vision located at 2008 Hazel Court. We performed some addi tional hand auger borings on Lot 7 between the easterly property line of Lot 8 arid the existing driveway for the house on Lot 7. These tests were performed on Thursday, May 3, by Darrel Zuelke, Geotechnical Engineer with SEH, and Vern Rylander, Building Official for the City of Stillwater. The soils appeared to be the same as indicated in the report by Earth Science prepared on April 5, 1990 regarding the soils and a percolation test. It appeared that there is approximately 27 feet between the property line and the existing driveway on Lot 7. It is our understanding that the applicant for Lot 8 has requested a variance to locate his on-site sewer system 2 feet from the side lot line. It appears that if a new drainfield has to be constructed on Lot 7, in approximately the same location, if there is a separation of 10 feet between the drainfields, that both systems should function in a similar matter. The hand auger borings taken on Lot 7 did show some moisture at about 48 inches. There is a pond located northeasterly of the driveway on Lot 7. This pond should be reviewed to make sure it is not leeching water in the direction of the possible future location of a drainfield. I am enclosing a memorandum from Darrel Zuelke about our inves- tigation of the site. If you have any other questions, please contact me. ~~ Richard E. Moore, P.E. ~ REM/cih cc: Mr. Craig Locey SHORT ELLIOTT HENDRICKSON INC. Sf PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN / e MEMORANDUM TO: DICK MOORE FROM: DARYL ZUELKE DATE: MAY 7, 1990 SUBJECT: CITY OF STILLWATER REVIEW OF SOILS AT LOTS 8 AND 9, BLOCK 1, BROWN CREEK HEIGHTS ADDITION SEH FILE 89114 e On May 3, 1990, you and I met with the City of Stillwater building official at the subject lot. The purpose of the meeting was to observe the proposed septic system location for Lot 8 and the area immediately adjacent on Lot 7 and to conduct hand auger borings on Lot 7 near the septic system. This memo references a report and septic system design accomplished by Earth Science, dated April 5, 1990. Auger borings were drilled on Lot 7 to compare soil types with the boring logs for the proposed septic system on Lot 8. Two hand auger borings were drilled, one boring (HA-l) was located approximately 17 feet east of percolation test hole #1 and the other boring (HA-2) was located approximately 15 feet east of soil boring B-1. The locations are plotted on the attached drawing from the Earth Science letter report on soil borings and percolation tests dated April 5, 1990. The depth of both HA-l e and HA-2 is 3 feet. Both hand auger holes have soil profiles as follows: / e MEMORANDUM - DICK MOORE May 7, 1990 Page 2 0" - 6" 6" - 12" 12" - 2411 24" - 3011 30" - 3611 Boring HA-l - Topsoil - Lean Clay, tan, medium to high plasticity (CL) - Sandy clay, tan, wet, fines have medium plasticity (CL) - Clayey sand reddish brown, wet (SC) - Poorly graded sand with some silt, brown, wet, fine to medium grained (SP-SM) 3611 - E.O.B. e Boring HA-2 0" - 611 - Topsoil 611 - 2411 - Sandy clay, tan, medium to high plasticity (CL) 2411 - 3011 - Clayey sand, tan, wet, fines have medium plasticity, fine grained (SC) 3011 - 3611 - Poorly graded sand, wet, fine to medium grained (SP-SM) 3611 - E.O.B. - partial obstruction No free standing water was observed in either hole. These borings are compared with the logs for borings 1, 2, 3 and 4 accomplished by Earth Science. The general soil profiles of the site borings are very similar. From the limited information gathered for the soil boring locations, it appears that the soil types and profile at the proposed Lot 8 septic system location and immediately adj acent on Lot 7 in the location of the hand auger borings are similar. The sands below 3011 in depth appear to be well-drained material, although wet at the time of drilling. e There is proposed an artificial pond on Lot 7 wi thin 50 feet of the septic system. Recent precipitation and the pond may e e e MEMORANDUM - DICK MOORE May 7, 1990 Page 3 contribute to the wet soil conditions observed. The pond is lined with a polymeric membrane that is exposed with no soil protective cover. Depending on the type of membrane, exposure to ultraviolet sun rays sun light may eventually degrade the liner, resulting in possible leakage of water from the pond. The lack of soil cover also increases the probability of physical puncturing or tearing of the liner. The subsurface condition at each boring location is indicated on the boring logs included in this memorandum. Subsurface conditions at other locations on the site may differ from those encountered at the boring locations at this time. The recommendations contained in this memorandum represent our professional op~n10ns. These opinions were arrived at in accordance with currently accepted engineering practices at this time and location. Other than this, no warranty is implied or intended. SEH is also not responsible Earth Science report dated does not endorse, reject Science report. DEZ:llc for the information contained in the 1990, and this provisions of April 5, or modify memorandum the Earth e e e ORDINANCE NO.. 702.r AN ORDINANCE ADDING ANNEXED PROPERTY TO PRECINCTS WITHIN THE CITY OF STILLWATER The City Council of the City of Stillwater, Minnesota, does ordain: 1.. The Precinct boundaries of the City of Stillwater are hereby changed as follows: (A) The following property is hereby made a part of Precinct I of the City of Stillwater: That real estate described in Minnesota Municipal Board Order of October 31, 1988, in proceeding D-240, Oak Park Heights/A-4466, Stillwater, commonly known as that property, now a part of the City of Stillwater, that lies south of 62nd Street North and east of Panama Avenue, and that property east of Oxboro Avenue and north of 60th Street. (B) The following property is hereby made a part of Precinct IV of the City of Stillwater: That real estate described in Ordinance No. known as a 6.91 acre parcel that lies east Five and immediately north of 62nd Street Stillwater, Washington County, Minnesota. 679, commonly of County Road North, City of (C) The following property is hereby made a part of Precinct V of the City of Stillwater: That real estate described in Ordinance Nos. 689 and 718 and that is commonly known as that property, now a part of the City of Stillwater, that lies east of Neal Avenue, south of the Plat of Oak Glen and north of Stillwater Township.. 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 1990. day of Wally Abrahamson, Mayor Attest: Mary Lou Johnson, City Clerk e e e . . TO: FROM: DOWNTOWN PLAN ACTION COMMITTEE DATE: MAY 9, 1990 SUBJECT: RECOMMENDATION FOR APPROVAL OF DOWNTOWN CAPITAL FACILITIES PROGRAM. BACKGROUND: On March 22nd the City Council and Downtown Plan Action Committee held a workshop on the Downtown Capital Facility Program. At that meeting, the City Council reviewed and commented on the Capital Facilities Program, approved the the Capital Facilities Program for presentation by the Downtown Plan Action Committee to the community, directed that an area assessment approach be used to develop property assessments and set June 5, 1990 as the public hearing, date on the Downtown Capital Facilities Program Feasibility Report. Since the workshop, the Downtown Improvement Program has been presented to the Chamber of Commerce/Downtown Business Association Workshop on April 5th, Lions Club April 24th, Planning Commission April 9th, Heritage Preservation Commission April 16th and on April 24th a public hearing was held by the Downtown Plan Action Committee. The Public Hearing meeting notice was published in the paper and all Downtown property owners received notice. From the five meetings, a total of 150 residents and business property owners were presented the program. A summary of comments received at the meeting is listed below. MEETI NGS : April 5 - Chamber of Commerce/Downtown Business Association Comments received: - When will construction occur? - How will the street construction affect business? - Concern for the area/square foot approach. - Cost impact on large property owners (Maple Island, Cub Foods, Desch Property). April 9 - Planning Commission - Recommended approval of Capital Facilities Program. April 16 - Heritage Preservation Commission - Recommended approval to the City Council. April 24 - Public Meeting - City Hall Comments received: - Should there be underground utilities on all Downtown streets when they are torn up? - In particular, overhead utilities along Main Street from Mulberry to Elm should be undergrounded. - The United Building Center lot should be considered for the parking structure because it is more convenient to Main Street. - Concern for area assessment approach on large property owners. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1 . . i - Businesses thlt provide parking area being penalized because they have more are~ to assess. - North Main Street improvements should be constructed with ne~' ~ development. ~I - Drainage impa t on Zephyr site from Elm Street. - Feasibility o. closing Nelson access for pedestrian pathway. should be a p~rt of Phase I and not a separate Phase II. - A pedestrian frossing at Chestnut and Water Streets should be provided in tre improvement plan to make it more convenient to move north an south along Water Street. - North Main St eet overhead utility lines should be underground in Phase I. - What are City residents paying for the Downtown improvements? - Concern for c mbined driveway access to Village Shop and restaurants. - General City axpayers benefit from Downtown improvement and should pay a hare of the costs. April 4, 1990 - Lions Club Comments/Questions: - How will the lan affect existing business Downtown? - When will con truction begin? - Why arenlt al utilities undergrounded? We should do so now. - Are State fun s available to help with improvements in Lowell Park? A good representation fro Downtown property/business owners attended the meetings and commented on the Capital Facilities Program. In response to the public comments, the Downtown Plan Action Co~nittee are recommending some additio s to the improvement program and changes to phasing. e CAPITAL FACILITIES PROGRA CHANGES: UNDERGROUND UTILITIES Several North Main Street property owners strongly recommended that overhead utilities between Mulberr and Elm Street be placed undergrounded during the first phase improvements. They pointed out that new development is occurring along North Main (office uilding, train depot) and that as a part of street ilnprovements, overhead utilities should be undergrounded. They n~ntioned TIF funds from North Main Str et new development could be used to pay the extra cost. The original plans includ d undergrounding utilities along Water Street from Nelson to Chestnut. It is recommended that, as a part of first phase improvements, undergrounding be continued along Water to Myrtle, and along Main Street from Mulberry to Elm Street. It is estimated that the addition would add $300,000 to $350,000 to the project. RECOMMENDATION: That utilities along Water Street from Chestnut to Myrtle and North Main Street between Mulberry and Elm be undergrounded as part of first phase improvements. WATER STREET PEDESTRIAN ~ Property owners a ong Wa er Street reviewed the pedestrian walkway plan and ,., thought it would be a good improvement for the area. The walkway design has been changed to provide irect driveway access from Water Street to the rear of the McGarry Building. When the construction plans for the walkway are 2 e e It . . prepared they will have to be reviewed with individual property owners to make sure rear loading areas work. RECOMMENDATION: Extend parking area driveway directly to Water Street by removing a portion of pedestrian accessway. PHASING OF IMPROVEMENTS The Capital Facilities Program presented at the March workshop contained six phases. Phase I, Existing Infrastructure, Phase II, Entry Improvements and North Main, Phase III, Lowell Park South, Phase IV, Lowell Park North, Phase V, Plazas, Phase VI, Parking ramp. Based on comments received regarding the length of time to complete the Downtown improvements and updated TIF revenue projects. The Downtown Plan Action Committee recommends combining the six phases into three phases. New Phase I (Infrastructure North and South Main) would replace old Phase I and II. New Phase II (Lowell Park North and South) combines old Phase III, IV and V. The parking ramp would be Phase III. In terms of scheduling improvements, the Committee recommends Phase I improvements for 1991 and Phase II and III for 1992 if the funds are available. RECOMMENDATION: Combine old Phase I and II as new Phase I, old Phase III, IV and V as new Phase II, and Phase III parking structure. FINANCING The Committee recommends assessing 75% of the assessable costs ($1,921,389) to benefiting property owners on an area basis. This results in a cost of approximately 85~ per square foot-or-land in the improvement district. The assessable cost paid for by Downtown property owners represents 18% of the total Downtown Improvement Program costs. It is recommended that TIF bonds for $2.0 to 2.5 million be sold to finance the non-assessable cost. This amount is currently supported by TIF revenues. 1990 IMPROVEMENTS To begin implementing the Downtown Plan, the Downtown Plan Action Committee recommends that the City proceed with the following projects this year. 1. Make Mulberry Street water main improvements as required by the office building currently being construction. ($10,000) 2. Purchase Mulberry Point from the railroad for an extension of Lowell Park (estimated $150,000). 3. Remove the house from parking site located at corner of Second Street and Mulberry and minimally improve the site for parking ($10,000). 4. Remove MnDOT building and clear site for parking ($15,000). 5. Sponsor, along with Downtown Business Groups, a competition for new Downtown signage (new signage to be constructed as Phase I improvement). PARKING IMPROVEMENTS To address the parking supply problem it is suggested the City form a Parking Improvement District be formed to provide a method for benefiting property owners to pay for new parking lot improvements (MnDOT, Lind, Lowell Inn, Desch). Using this approach, City lots could be'improved and needed spaces added to the supply as a part of 1991, Phase I construction. 3 SCHEDULING A public hearing is scheduled for the Council meeting of June 5th on the Downtown Capital Facilities Program. At that meeting, the Feasibility Study can be modified and app oved and a public improvement hearing set for June 26th (special meeting). COUNCIL ACTION REQUIRED No action required. This report and recomme dation of the Downtown Plan Action Committee can be considered at the Counc 1 hearing June 5th on the Downtown Capital Facilities Program. ATTACHMENTS 4 . . e e e .\ e'.' " .... ." . '.' 0.._ :",: -",.', .....: ... ...- . ':. '. .... . .t.... '.' ~ DOWNTOWN PLAN ". . . '. '.: ~'Ass:~~:~'~i~ ' Cost. .- ...', .. . .. . ". .:." . . 0" : Non-assessahlii:{' .:' ....~:....:.;;-.: :.':.~':' '.. . '. .:::....;.. . 1,554, 630"' ~',:: :.::.::, :i :i~; : ~~~~'~}~'~~::~'{. ~'.: 1;756-"105:,:'::;: : . 663,800"'::::":/-\' 2,209,300 - '2 :'262 , 635 "3?~~70:' . .~ >: ':::~::r'~;.~-}': '9 ."~:' ..... 26~', 180 o '.. 0 .Phase'.! " ~hq.se . I:S: 'l:lhq.se 1:lI J?hase IV. Phase'V' Phase VI '. ." . . ... ~ . ." ."..' . ..0 0" . . -.: '. . .....:;. ..,. . ", ,'" .- :. '.... I .: " ..-:" $2,561,785' $10,447,500 Total $7,885,715 ...... .. Revenues '._ _....... . '.._ .. . . _...._.. _ _. .'.". .~..__.._..~__._:_..:'....~ sp'~ciaJf.~s ~ es ~ment:" to' ;~oP~~ty /6wn~~;;}'..~'::~"X-...' .(assess~l~ portion).J2:;5~li785: ~}?%:;=::(.:'".; . .::'.)!.:~.>r" - .ws:... :::t:~:~s.. ;:SA:&.d:c . '.'W!~{::l~~~~~~W...Yf:::..!.. . .'r....... ,..,.' "'-. ;i '~". . .:" . .~ '4 :. . Infrastructure,:.Reserv~' . ... . . ;.,' - ~. . .- . . .. . ~ . . '. .' ..:. ~. ",. ....'.:. '.'~ 'Iii,)."', :,":;. :':,r:;f~ii1~:(;.::~:c}!~:2t:... .......... -. ..' .... ." '_~"'~.: ....... .1.... ........-.~~:: .:1~':H~#~~;f::'::ei.<.... . .;. .: .. .~.<~ . : ~t. ...... .' .: . .-' '";.', .:' .... . ,- '... " /~W~~;;~,:. ," ." --.........; ." ..' ~:.' . .ii .....', . .........: .' '.'- " . .......;. :.~:...- . :':.: . .:,'. ~ ..' " ,.:. ..- ;."::' :.~. ,", " . .0:.... -.';. " ",'. .....r .... . :; -.. ..... . . '. ..~ :~.' . . _.... ..._.. . ..0 _.__. ._._.... . .., . Total 3,817,265 , ..582(340 .1,152,510 . "2,022,285 .663~800 2,209,300 $1,921,389 8,000 ,000 ..- .;~. ~ . ....r.... :: .:~. .... .409 575 " .' ',:: -', ' .123,000 .....; ,$10',453 ,964 . ;...::' .h: . :..... .... .; t'.:"':". . .' ' i.':' . .... .....- -----.......--.----- -----.----------...---..-..---...- . . r .' .... ~ .", ..... ....... . '. . ~, . STREETS STORM SE\lER WMERHAIH SANITARY SEilER LIGHTING (ASSESS 15X) (IIEST OF HAIN) CONSTRUCT ROADIIAY AND DECORATIVE LIGHTING. (SOUTH OF HELSON TO MULBERRY) CONSTRUCT ROADIIAY AND DECORATIVE LIGHTING. T.V. SEllERS AHD fLOCO PROOF REVIEW TELEVISE SANITARY SEllERS TO DETERMINE HEED FOR REPAIRS/REPLACEMENT AND REVIEII fLOOD PROOfiNG. STREETSCAPE LANDSCAPE TREES AND TREE GRATES OH SIDE STREETS. PARKI/lG LOTS (PARKIHG DISTRICT) INSTALL COl/CREtE CURB & GUTTERS, OVERLAY A/lO I/lStALL DECORATIVE lIG1ItS. '.'1'" · ,. ". ,.' ':'1 .~. ~'J ~: f ::j ~:J ''I :} :j I i I I ,;;... ~..... STILLIIATER, MINNESOTA STIll\IATER DO'WNTO'WN PIfASIIIG SEll FILE HO. 89255 PHASE I . EXISTING INFRASTRUCTURE ,PHASE II . EHTRY IHPROVEMEHTS AHO HORTIl HAIH NORTH HAIN STREETSCAPE NORTH HAIN LIGHTI>>O (ASSESSED g ISX) ~ARDEH'S HOUSE IIALL ENTRY SIGN RR TREATHENT SIGNAGE LANDSCAPING BLUFF AREA LANDSCAPIHG e ..~.,., - ....'1... ...__.. ............ D~HT~" PLA" 15-Har-90 . ~~! !.Il RECONSTRUCT STREETS, PATCH UTlLlT'/' TRENCHES, OVERLAY, NI:\I CURBS & GUTTERS, DECORMIVI: IIALKS. CONSTRUCT /lEI/ STORM,SEIIER HAINS AND STUDS FOR CLEAR I/ATER. AND PROVIDE STUDS FROM EXISTING HAINS REPLACE OLD IIATERHAI/lS, REPLACE GATE VALVES, AND REPLACE NOH COPPER SERVICES. REHAB ALL MANHOLES, COHSTRUCT NEil HANHOLES, REPLACE CRACKED AIlD COLLAPSED PIPE. FOR Cl~AR IIATFR C~OHS I." ; ;, CONSTRUCT CONCRETE IIALK, SHRUBS, ORNAHENTAL.TREES, AND SOODING ALOHG I:AST SIDE 1I0RTH OF HULDERRY. CONSTRUCT ROAOIIAY AHD DECORATIVE LIGHTING HORTII OF HULBERRY. REPLACE EXISTIIIG RETAIHIIIG I/ALL ALOIIG I/ARDEH IlOUSE SIDEIIALK. COHSTRUCT 6 X 10 EIITRY SIGN AT 1I0RTH AHD SOUTII EIIDS OF CITY. L^HOSCAPE ^RE^ ALOHG VEST SIDE OF RAilROAD TRACKS fROM BOAT PLAZA TO MULBERRY POINT IIICLUOIHG RR CROSSIIIGS lAllDSCAPE AROUllD ElIlRY SIGNS. LANDSCAPE BLUFF AREA SOUl" OF CIlY \l1T1l ORllAHEUTAL TREES, SIIRUBS, AND ACCENT L1GIITlIlG. e e ;~ ~. ,..~ . .e e e .:~~..; ,- -- - D~NT~N PLAN 1S-Har-PO ': STILL\lATER, HINIIESOTA i STI LL\lATER D~IIT~II PIIAS IIIG , SEll fILE NO. 89255 : I PHASE III " L~.ELL PARK SOUTH L~ELL PARK (SOUTII) LEVEE \IALL (SOUTIl) BOAT PLAZA BRICK ALLEY PEDESTRAIII RAHP LMWSCAPIIIG, DECORATIVE lIGIITING AND \IALKS fROM NELSON STREET TO CIIESTNUT. RECONSTRUCT EXISTING LEVEE \IALL SOUTII OF CIIESNUT AND CONSTRUCT EXTENSION TO BOAT PLAZA LANDSCAPING, RETAINING ,\IALLS, DECORATIVE \lALKS AND \IROUGIIT IRON FENCING AT BAOT LAIIDIIIG. CONSTRUCT ACCESS FROM BOATING PLAZA \lITII RETAINING \IALLS, DECORATIVE \IALKS, AIID LAIIDSCAPIIIG. PIIASE IV " L~ELL PARK 1I0RTIl L~ELL PARK (NORTII) LAIIOSCAPIIIG, DECORATIVE L1GIITlNG AND \lALKS FROM CIlESTNUT TO HULBERRY POINT. LEVEE WALL (NORTIl) RECONSTRUCT EXISTING LEVEE IJALL HORTIl OF CIIESNUT AND CONSTRUCT EXTENSION TO COMHERCIAL STREET EXTENDED. MULBERRY POINT LANDSCAPING, DECORATIVE IJAL!:ll, DENCIIES AND DECORATIVE L1GIITING OF PENINSULA AREA NORTII OF LO'WELL PARK. \lATER STREET (HYRTLE TO COMHERC!AL) CONSTRUCT COt/CRETE CURBS AlID GUTTERS AND SIDE\lALKS ALONG EXISTING STREET. IJATER STREET (COMMERCIAL TO HOLBERRY) RECONSTRUCT EXISTING STREET IJITII CONCRETE CURBS AND GUTTERS AND SIDE\lALKS. MULBERRY STREET (IJATER TO HOLBERRY PT.)RECONSTRUCT EXISTING STREET IJIT/I CONCRETE CURBS AND GUTTERS AIID SIDE\lALKS. MULBERRY STREET ( 2ND TO MAIN) RECONSTRUCT EXISTING STREET \lITIl COIICRETE CURBS AND GUTTERS AND SIDE\lALKS. LIGIlTIIIG ( ASSESSED 15X) (\lATER' MYRTLE TO MULBERRY) COIISTRUCT ROAD\lAY AIIO DECORATIVE LIGt/TIIIG. (HULBERRY ",2ND TO HAIN) CONSTRUCT ROADIIAY AND DECORATIVE L1GIITlNG. (HULBERRY'. HAIN TO IJATER) COt/STRUCT ROAOIIAY AND DECORATIVE L1GIITING. (MULBERRY' \lATER TO POINT) CONSIRUCT ROADIJAY AND DECORATIVE L1GIITING. STREET SCAPING (HULBERRY . 2110 TO HAU/)LAIIDSCAPE TREES AlID TREE GRATES ON SIDE STREETS. (HULBERRY " MAIN TO POINLANDSCAPE TREES AND TREE GRATES ON SIDE STREETS. PARKIIIG LOT. HULBERRY POINT CONSTRUCT PARKIIIG LOT \I IT II MG. BASE, CU,RD & GUTTER, BITUHINOUS SURFACE, L1GIITIIIG AIID STRIPIIIG. ,j" :~;:i:::; :. 'f, .u. ...;._.- O~NT~N PLAN 15-Har-90 STILL~ATER, MINNESOTA STILL~ATER O~NT~N PHASING SEll fiLE NO. 89255 PHASE V . PLAZAS OVERLOOK PLAZA PIONEER PARK PLAZA ---HI LL PLAZA IIISTuRIC PLAZA COMMERCIAL PLAZA HARINA PLAZA NO DESIGN AT TillS TIHE. NO DESIGN AT TillS TIME. NO DESIGN AT TillS TIM,E. NU UI:SllilriU.1Hs liME. NO DESIGN AT TillS TIME. NO DESIGN AT TillS TIME. PHASE VI - PARKING RAMP PARKING RAMP GRAND GARAGE PED. ~AY CONSTRUCT PARKING RAHP AT SECOND AND OLIVE. COIlSTRUCT ACCESS FROH,PARKING GARAGE TO HAIN STREET. e e Ii" e .- ..--",",--. . . ,. . ,~~ D~WT~ PLAN PHASING SUMMARY 14-Mar-90 .'.IATER, MINNESOTA .A D~NT~N PHASING 'I~O. 89255 liON ASSESSABLE ASSESSABLE TOTAL :-1 - EXISTING INFRASTRUCTURE STREETS 4.32,845 (10) 1,234,840 1,717,685 STORM SEVER 0 290,530 290,530 VATEi<HAIN 0 187,515 187,515 SAllllARY SEVER 0 414,175 414,175 LIGHTING (ASSESS 15~) (VEST OF MAlll) 200,635 . 35,410 236.045 (SOUTH OF NELSON TO MULBERRY) (1) 492,225 86,865 579,090 T.V. SEVERS AND FLOOD PROOF REVIEV 0 13,300 13,300 STREETSCAPE 114,345 0 114,345 PARKING LOTS (PARKING DISTRICT) 264,580 0 264,580 ------- ------------ ---------- -------- ------------ ------- TOTAL: S1,554,630 S2,262,635 S3,817,265 II - ENTRY IMPROVEMENTS AND NORTH MAIN NORTH MAIN STREETSCAPE- 59,400 0 59,400 ~ MAIN LIGHTING (ASSESSED ~ 15~) 186,810 32,970 219,780 N'S \lOUSE VALL 18,750 '0 18,750 ENTRY SIGN (2) 14,850 0 14,850 RR TREATMENT (3) 187,385 0 187,385 SIGNAGE LANDSCAPING (4) 32,320 0 32,320 BLUFF AREA LANDSCAPING (5) 49,855 0 49,855 ----- ---------- ------ ------- ----------- --------- TOTAL: S549,370 $32,970 $582,340 III - L~ELL PARK SOUTH (8) I ! \ i \ i , , i I I I I ! i i LOVELL PARK (SOUTH) 265,485 0 265,485 lEVEE VALL (SOUTH) 480,000 0 4.30,000 BOAT PLAZA ' (6) 329,900 0 329,900 BRICK ALLEY PEDESTRAIN RAMP (7) 77,125 0 77,125 -------- ------------ ----------- --------- ------------ ---------- TOT AL: S1,152,510 SO Sl,152,510 . .J ~_J .~: '!T, STlllVATER, MINNESOTA STIll~ATER DOUNTOUN PHASING SEll FILE NO. 89255 DOUIITOVll PLAN iHASIIIG SUMMARY I I I I I liON I I ASSESSABLE I 1------------ NOTES: ADDITIONS TO PHASE I AND 11 FROM ORIGINAL FINANCE PLAN' (1) (2) (3) (4) (5 ) 579,900 14,850 136,760 32,320 49,855 5313,635 14-Har-90 ASSESSABLE $14,100 o o o o 514,100 (6) NE~ ITEM (7) NE',l ITEM (8) INTERCHANGEABLE ',lITH PHASE I DEPENDIIIG ON FINAIICING (9) INTERCHANGEABLE ',lITH PHASE III DEPENDIIIG 011 FIIIANCING (10) INCLUDES (11 ) INCLUDES DECORATIVE ',lAl~, ELEVATED YAl~ ON ~ATER STREET AIID TRASH ENClOU URES DECORATIVE ~AL~ e TOTAL 594,000 14,850 136,760 32,320 49,855 5327,785 e e ~~f.r;;~d'h .t.!", "~.' .....;."'1\. .'""::.~"" ..;'... "" . ,;:. :.~~~~:-~::~t~:~..:~~.:.,...;-".' I .. .........,..;..... . . ...., .," ...... .... ".. ..,..... . . ,..",.~.... - .- . '::";~.' . ': :~. ::;.. ~..~:--:~i.~~T~::::... .. $1,730.13 2,016 SQ. FT. . ' .... "::..;". . e .... , -- ..: ... : . '". '. -' .... .-_. .... '- . --.-. ....... ! .. ... . _........ "..! .~_.." '... (" loo"&~' 0.. e . $16,734.90 19,500 S(;:t FT. $9,654.75 11,250 SQ. FT. $2,265.65 2,640 SQ. FT. , $5,046.22 5,880 SQ. FT. e ~eJ FILE NO. PROPOSED ASSESSMENT BY SQ. FT. DRG. NO ENCINEERS . ARCHITECTS. PlANNE/?S .... ... i _ . " ~. ",' .:::~:~ ~:'f~~::.':: - ." .-.--,......'. ".". . ....~~:'-;;..-. .....' ., .... STILLWATER, MINNESOTA I CENTRAL BUSINESS DISTRICT I Assessment by square foot. TOTAL ASSESSABLE SQU RE FOOTAGE TOTAL ASSESSABLE AMO T $1,921,389.00 = $0 8582/SQ. FT. 2,238,730 FT T e 2,238,730 FT. $1,921,389.00 f-. e e ".: .0: '- ,0 e e e DAVID T. MAGNUSON ATTORNEY AT LAW SUITE #260 THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439-9464 May 4, 1990 Richard C. Ilkka Mr.. Nile Kriesel City Coordinator City Hall 216 North Fourth street Stillwater, MN 55082 Re: Hill Assessment Agreement Dear Nile: Enclosed is the Assessment Agreement you wanted with regard to Vern Hill. Call me with any questions. Very truly yours, DAVID T. MAGNUSON ~ David T. Magnuson Stillwater City Attorney DTM:kn Enclosure .: ;~) ,} ,'- ~ ~~ Jrnpnlial 1 STILL H20 SE,TIC & SEWER SERVICE, INC. · 1167 Parkwood Lane North ~ . Stillwater, Minnesota 55082 (612) 439-0388 · . Page No. 1 of 1 ..004:>- I", Pages PROPOSAl SUBMITTED TO City of Stillwater PHONE 439-6121 DATE 5a2-90 STREET 21 6 N. 4th Sty-. JOB NAME New sewer service for Vern Hill We hereby submit specifications and estimates for: JOB PHONE CITY. STATE AND ZIP CODE S tillwater, 5082 JOB lOCATION . 2600 Wildpines Lane, Stillwater ARCHITECT rnishing and installing new 4" pvc sewer line from City manhole located in Parkwood Lane to inside basement on Southside of house at 2600 Wildpines Lane. Also new 1" copper water line from insmde house to new curb stop at property line, for future hookup. The cost will cover; blacktop removal in street, blacktop replacement, sand fill and compaction in street, connection at City manhole, all digging, backfilling and labor required to do job, 411 pvc sewer pipe, misc. ittings with cleanouts and connectors, 1" copper water line, meter valve, and curbstop with box. Owner will pay for City hookup charges. No seedin or sodding. No concrete removal or replacement. Pumping of old septic tan, filling tank with dirt and inside piping of sewer line included in price. One year guarentee on all materials and workmanship. .t 'rupUSt hereby to furnish m terial and labor - complete in accordance with above specifications, for the sum of: Five thousand and five hund ed and no/1001s ------------ $5500.00 dollars ($ ) . Payment to be made as follows: C M P UPON 0 CTION OF WORK, BEFORE BLACKTOPPING IS DONE. Note: This pro sal may be withdrawn by us if not accepted within days. All material is guaranteed to be as specified, All work to be ompleted in a workmanlike manner according to standard practices. Any alteration or de 'ation from above specifica. tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate, All agreements conti ent upon strikes. accidents or delays beyond our control. Owner to carry lire, tornado an other necessary insurance. Our workers are fully covered by Workmen's Compensation Ins ranee. Authorized Signature Atttpfanrt nf 'rnpnsal- The a ve prices, specifications and conditions are satisfactory and are hereby accep ed. You are authorized to do the work as specified. Payment will be made as 0 t1ined above. Signature n....._ _, A____....._....... Signature . .~ - ... e AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL day of May, 1990, THIS AGREEMENT is made this between the City of Stillwater, Washington County, State of Minnesota, hereinafter referred to as the "City," and Vern and Anne Hill, 2600 Wildpines Lane, Stillwater, Minnesota, hereinafter referred to as "Owner." In consideration of the action of the City Council of the City of Stillwater, at the Owner's request, to cause the construction of a sewer service between a City manhole located in parkwood Lane, to the inside basement on the south side of the home of the Owner at 2600 Wildpines Lane, and to assess the cost of this work to the Owner, Owner agrees to pay the costs of this e work as set forth in the estimate of Still H20 Septic & Sewer Service, Inc. that is attached hereto as Exhibit "A" over a period of ten (10) years with interest thereon at the rate of eight percent (8%) per annum. Owner expressly waives the right to object to any irregularity with regard to the assessments and waives any claim that the amount of the assessment levied against the Owner's property is excessive, together with waiving all rights to appeal this assessment in the Courts.. IN TESTIMONY WHEREOF, we have hereunto set our hands the day and year first above written. Attest: e Mayor, Wally Abrahamson Mary Lou Johnson, Clerk Vern Hill Anne Hill e MECHANICAL MAINTENANCE 1. SPECIAL PROVISIONS 1. Contractor shall furnish mechanical maintenance according to the terms and conditions hereafter set forth. 2. The contractor shall maintain all heating, ventilating, temperature control and air conditioning systems as hereinafter set forth. The contractor will be responsible for visiting the job site and become familiar with the equipment listed in the attached Exhibits "A" and "B". 3. Planned preventative maintenance shall be provided to the equipment listed in the attached Exhibits "A" (Municipal Building) and "B" (Library Building). The maintenance service shall be provided on a quarterly basis and shall include the following services: MUNICIPAL BUILDING AIR CONDITIONING AND HEATING SYSTEMS 1. 2. e 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 13 . Check all condenser coils, evaporator coils, drain pans (pressure wash as needed). Check all air handler blowers. Also adjust tension and alignment of belts (replace with customers belts as needed). Check blower motors of air conditioner and heating equipment and lubricate as necessary. Check suction and check condensing pressures. Check refrigeration charge. Check starter contacts and coils. Check solenoid/valve operation. Check expansion valve superheat. Check controls including electrical (voltage and amps) . Check compressor oil level nd acid test as needed. Check all units for vibration and noise. start and check air conditioners in the spring and shut down in the fall. Check filters and replace with customers filters as needed. HOT WATER BOILERS e 1. 2. 4. 5. 6. 7. 8. Check safety controls and unit operations. Check gas pressure at manifold. Check and clean burners. Check low water cut off. Check operating pressures and temperatures. Check relieve valve. Check systems for leaks. 28 9. heck and clean combustion fire box. 10. heck for scale and corrosion. 11. ervice circulating pumps. 12. prain expansion tanks as needed. 13. repare boiler for annual inspection if necessary. e GAS AND 1. heck flame safeguard system if applicable. 2. heck combustion air to burner from outside. 3. heck blowers and draft controls. 4. djust gas and oil pressure. 5. heck combustion efficiency. PUMPS - ILER, GLYCOL, CHILLER AND CONDENSER 1. Check motor bearings and lubricate as necessary. 2. Check pump coupling. 3. [Check pump bearing assembly and lubricate as [necessary . 4 . ICheck amp draw. S.Perform visual inspection. PNEUMAT C CONTROL SYSTEM: - PNEUMATICS, COMPRESSED AIR DRYER AND AIR COMPRESSOR 1. ICheck air station. 2. Check compressor run time, oil level and blow down. 3. ,Check air intake, airline filter and oil separator. 4. Calibrate room thermostats. 5. Calibrate fan system controls. 6. Calibrate heating system controls if necessary. 7. Calibrate cooling system controls if necessary. 8. Lubricate damper actuators blades. 9. Clean condenser as needed. 10. Check refrigerant charge. 11. Check belts and replace with customer provided belts. 12. Perform overall visual inspection. I I e MAKE UP AIR, AIR HANDLING SYSTEMS, SUPPLY & EXHAUST 1. Check fan pulleys, motors, wheels, drives and bearings. 2. Check belts and replace with customers as needed. 3. Check vibration isolation mounts. 4. Check airs ide heat transfer surfaces. 5. Check and clean condensate drains. 6. Check shaft assembly. 7. Check outside air dampers. e 29 e ELECTRIC HEATING 1. Check electrical elements. 2. Check contactor (coils and contacts). 3. Check overloads and controls. 4. Check wiring (loose or frayed). LIBRARY BUILDING AIR CONDITIONING AND HEATING SYSTEMS: l. 2. 3. 4. S. 6. 7. 8. 9. e 10. ll. 12. 13. 14. Check all condenser coils, evaporator coils, drain pans (pressure wash as needed). Check all air handler blowers also adjust tension and alignment of belts (replace with customers belts as needed) . Check water cooled units for proper water flow and head pressure. Check blower motors for air conditioner and heat and lubricate as necessary. Check suction and condensing pressures. Check refrigeration charge. starter contacts and coils. Solenoid valve operation. Expansion valve superheat. Controls including electrical (voltage and amps). Check compressor oil level and conduct acid test as needed. Check all units for vibration and noise. start and check air conditioners in the spring and shut down in the fall. Check filters and replace with customers filters as needed. / CHILLERS: (ALSO INCLUDES THE SERVICE LISTED DIRECTLY ABOVE 1. Check chiller flow switch. 2. Check chiller safety freeze thermostat. 3. Check chiller control thermostat. PUMPS - BOILER, GLYCOL, CHILLER AND CONDENSER e 1. Check motor bearings and lubricate as necessary. 2. Check pump coupling. 3. Check pump bearing assembly and lubricate as necessary. 4 . Check amp draw. S. Perform overall visual inspection. 30 I I PNEUMATt CONTROL SYSTEM AND AIR COMPRESSOR - PNEUMATICS, COMPRESSED.AIR DRYER e 1. Check air station. 2. Check compressor~n time, oil level and blow down. 3. Check air intake, airline filter and oil separator. 4. Calibrate room thermostats as needed. 5. Calibrate fan system controls. 6. Calibrate heating system controls if necessary. 7. Calibrate cooling system controls if necessary. 8. Lubricate damper actuators blades. 9. Clean condenser as needed. 10. Check refrigerant charge. 11. Check belts and replace as necessary. 12. Perform overall visual inspection. GAS OR Cl'OR HOT WATER HEATER 1. Check and clean pilot. 2. Check and clean burners. 3. Check and clean stack. 4. Check park ignition. 5. Check temperature settings. 6. Perform overall visual inspection. STEAM ILERS 1. Fill and start boiler in the fall. Drain and flush for end of season inspection if required, then refill. 2. Check safety controls and unit operation. 3. Check gas pressure manifold. 4. Check combustion burner. 5. Check low water cut off. 6. Check operating pressure, water level and temperatures. 7. Blow down the low water cut off. 8. Check relief valve. 9. Check system for leaks. 10. Check and clean combustion fire box. 11. Check for scale and corrosion. 12. Check feed water pumps. 13. Check for leaking steam traps. e GAS On. BURNERS 1- 2. 3. 4. 5. Check flame safeguard system if applicable. Check combustion air to burner from outside. Check blowers and draft controls. Adjust gas and oil pressure. Check combustion efficiency. e 31 e e e .. MAKE UP AIR, AIR HANDLING SYSTEMS, SUPPLY AND EXHAUST 1. Check controls. 2. Check fan pulleys, motors, wheels, drives and bearings. 3. Check belts and replace with customers as needed. 4. Check vibration isolation mounts. 5. Check airside heat transfer surfaces. 6. Check condensate drains. 7. Check shaft assembly. 8. Check outside air dampers. II. WATER TREATMENT SERVICE AND MAINTENANCE III. The contractor shall provide a water treatment program designed to provide suitable preventative maintenance to preserve the equipment, maintain its efficiency, prolong its life and avoid malfunction or breakdown. The water treatment program shall include: Municipal Building Hot Water Boiler System. Library Building Steam Boiler/Chilling System. The water treatment program shall be designed for scale control, corrosion control and control of biological fouling. The contractor shall provide the necessary labor and materials to test and maintain the proper treatment level. Water analysis reports shall be provided to the owner after treatment prior to the heating season and again prior to the cooling season. MAINTENANCE PROCEDURES / 1. The contractor shall control scheduling of the quarterly preventative maintenance and task functions to be performed on each scheduled maintenance call by both calendar periods and operating hours as pertinent to each task. . 2. The contractor shall have in his possession and provide to his maintenance personnel, as needed, the specified maintenance and repair procedures and special lubricants, tools, etc., that are required for all equipment to be maintained. 3. The contractor shall be available, at no additional charge, for consultation regarding design changes and equipment selection, based on his experience in similar facilities. 4. The contractor shall report to the owner daily when on the job and check out when the work is done. The contractor employee shall also leave a copy of the maintenance performed with the owners representative. The work performance report shall include: 32 1.'> a. The ~unt of time spent performing the work; b. A chec~ list of work performed; c. Date t~e work was performed; d. Name af. maintenance personnel performing work. 5. Upon request t e contractor shall also provide to the owner a maintenance se ice and repair record' of all equipment covered under the maintenance agreement including dates of service/repair and the type of servic /repair work performed. 6. All planned, reventative maintenance work covered under the maintenance agteement shall be performed during regular working hours and days las follows: Municipal Buil Regular work Regular work Library Buildi Regular work Regular work Holidays - Monday through Friday, excluding holidays. 8 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. 10 a.m. to 9 p.m. Monday through Thursday 10 a.m. to 5 p.m. Fridays New Year's Day Presiden s Day Memorial Day Independ nce Day Labor Da IV. REPAIR SERVICES Veterans Day Martin Luther King Day Thanksgiving Day Day after Thanksgiving Christmas Day / 1. The contractor shall provide both labor and material to replace worn parts with new or recondition ed components. The hourly rate to be charged for t is service shall be no more than that which is specified on e bid forms used for this agreement. The bidder shall also st te the overtime rate and the hours and work days during which t e overtime rate will be in effect. 2. In the event contractor sha charged for an the right to p components as V. OTHER CONDITIONS a part or component needs to be replaced, the 1 be required to inform the owner of the price to be replacement parts of components. The owner reserves rchase and provide any and all replacement parts or he owner sees fit. 1. The owner sha 1 provide access to all devises which are to be serviced. Th contractor shall be free to start and stop all 33 .. e e e e primary equipment incidental to the system ( s ) as arranged with and representative. The owner will take malfunction where access is denied. operation of the mechanical directed by the owner I s responsibility for equipment 2. The contractor shall not be liable for any loss, delay, injury or damage whether direct or consequential, that may be caused by conditions beyond the contractor's direct control including explosions, theft, riot, civil commotion, war, malicious mischief, floods and other acts of God. 3. Repair or replacement of non-maintainable parts of the system such as ductwork, boilers shell and tubes, uni t cabinets, boiler refactory material, electrical wiring, hydronic and pneumatic piping, structural supports, shall be done at the hourly rate specified in the proposal section of this Agreement. 4. The owner reserves the right to reject any and all bids. Award of the contract shall be evaluated on a variety of factors, in addition to cost, such as technical competence, references, experience, financial ability and other factors deemed requisite to the adequate and satisfactory performance of the specified services. Any bid which is incomplete, conditional, obscure or which contains additions not called for, or irregularities of any kind, may be cause of rejection of bid. e / e 34 Exhibit "All e Municipal building equipmeht included in Maintenance Service Agreement: Description of Equipment Unit Brand Name Air conditioning condenser Model No. CA-2508 Serial No. 861-57-15 (with 2 hp air coole Trane -685 fan motor) Air conditioning condenser Model No. CAS-301A Serial No. 167-85A (with 1/4 h. air cooled fan motor) Trane Multi-zone air conditione and air handler (with cooling and hating coil) Model No. SAMZ253A Serial No. 503266 ( -14) Trane Compressor for multi-zone Model No. 2F5B58 Serial No. 66A05A21 Trane Air handler blower motor or multi-zone air conditioner Model No. 2N213TDR1 04CCWF2 Marathon e Air conditioner and air h Trane (with cooling & ste Model No. SRUB-B306 Serial No. 585F1073 (with Copeland comp essor and Marathon 1/2 hp. fan motor Model No. PQM48C34D 28K) Air conditioner condensin Model No. RA1003E Type No. 269-51A Serial No. 544796 with fan motor Trane Compressors (2) for air c nditioner condenser unit listed directly above (1) Model No. AG5 61E, Serial No. 010944 (1) Model No. CL5 62G, Serial No. 584316 Tecumseh Climate changer air handl r type L-8 Serial No. 78889' (with Wagner electr'c blower motor Model No. 184-66425 03) Trane e 35 e e e Air compressor Model No. WA210B102251 Type No. HUBJ5020 Serial No. 62835 (with Century electric compressor motor Model No. 8-107529-01) Temperature control systems pnuematics Electric central heating furnace Model No. E5503-781-2P Water tube boiler Model No. L-48-FD Serial No. 25650 Power burner Model No. C2-G-20B Serial No. 98130900 Boiler system pump Model No. BB30086.5B5B2C2TLO (with Dayton electric pump motor Model No. 2N982G) Boiler system pump Model No. 400125010031 Serial No. DC-782113 (with Century electric pump motor Model No. 6-332796-20) / 36 I Honeywell Honeywell Lennox Bryan Power Flame TACO Crane Exhibit "B" (Library Building) Description of Equipment Three rooftop exhaust syst ms No. 91065 Climate changer air handler with cooling & heating coil Type No. L-6 Serial No. K2C215274 (with Century blower motor Model No. 6322466-01 Air conditioner Model No. RA4006A Type No. 621-140A Serial No. L2F6S7150 (with Trane compressbr Model No. 2F5C88 Serial No. G2G08A339p and Chiller Barrell Model No. EVPAC40D1B Serial No. J87E81526) Steam boiler #ANSZ21-13A19 3 Model No. K-5014B Serial No. 7703155 Condensation pump type iW 820 Serial No. 7205, / (with Westinghouse pUmp motor type A, Serial No. 314P485) Hot water heater Boiler system pump (with General Elect Serial No. 5K43MG41 motor Boiler system pump (with Marathon moto Model No. AA182TTDR 341Ae) Pneumatic controls Compressed air dryer Model No. 8010 Serial No. 0302A-40 8807-317N 37 ( e Unit Brand Name Ammerman Trane e Burnham Hoffman Airtherm TACO TACO Barber/Coleman Honeywell e e e e Air compressor tank Model No. 106 Serial No. 349340 (with Baldor motor Serial No. 4307) Quincy 30 gallon water heater (gas) Model No. G30AGL Serial No. 6T04668DE American " 38 e e e BID PROPOSAL FOR MECHANICAL MAIN'fENl\NCE AND REPAIR SERVICES FOR STIIJ:.WATER MUNICIPAL BUILDING AND PUBLIC LIBRARY May 4th , 1990 BIDS TO BE OPENED: 2:00 P.M., MAY 7, 1990 Gentlemen: The undersigned, being familiar with your local conditions, having made all necessary on-site investigations and being familiar with all other factors affecting the conditions and cost for the projects, hereby proposes to furnish all else necessary to provide mechanical maintenance and repair services for the Stillwater Municipal Building and Public Library in accordance with the specifications prepared by the city of Stillwater, dated April 10, 1990. MECHANICAL MAIN'rENANCE AND REPAIR SERVICES E'OR THE S'rILLWATER MUNICIPAL BUILDING AND PUBLIC LIBRARY: Part I. Maintenance Service for Municipal Building For the quarterly sum of $ .580.00 Part II. Maintenance Service for Public Library For the quarterly sum of $ 633.00 Part III. Hourly repair service rates for both the Municipal Building and the Library Building 1. Normal work week (Mon. - Fri.): $ $ $ 50.00 72.00 2. Saturday, Sunday and Holidays: 3. Overtime rate: 63.00 4. Hours of day overtime rate is in effect: from4:30 toM.8:00 A.M. *Anv call placed befpre 3:00 P.M. Mop.-Fri. will be done qt regular rate. Acc6mpanying this bid is a (certified check) (cash deposit) in ~he amount of One Hundred and Fifty DOLLARS and no CENTS ($150.00) payable to the City of Stillwater, Minnesota and the same is subject to forfeiture in the event of default on the part of the undersigned of failure on the part of the undersigned to execute to prescribed contract and bond within ten (10) days after its submittal to me/us. 2 I The undersigned has comPlied the accompanying "AFFIDAVIT OF NON-COLLUSION" and has submitted same as a p rt of this proposal. It is understood that bids may not be withdrawn for a period of thirty (30) days after the date and time se~ for the opening of bids. It is understood that the City Council reserves theiright to retain the certified check or cash deposit of the bidders as determJned by the City Council for a period not to exceed thirty (30) days after th date set for the opening of bids. In submitting the bid it i,s understood that the City Council reserves the right to reject any and all bid , to waive irregularities and informalities therein and to award the contract to the best interests of the City. e Respectfully submitted, Equipment Supply, Inc. Name of bidder (A Co:q:oratioo) (A Partnership) (AIndividual) BY~J\_ ~~ Title President 593 No. Fairview Ave., St. Paul, MN 55104 Business Address e (612)646-2571 Telephone Number e 3 e e e ... . ~ ., BID PROPOSAL FOR MECHANICAL MAINTENANCE AND REPAIR SERVICES FOR STILLWATER MUNICIPAL BUILDING AND PUBLIC LIBRARY May 7, , 1990 BIDS TO BE OPENED: 2:00 P.M., MAY 7, 1990 Gentlemen: The undersigned, being familiar with your local conditions, having made all necessary on-site investigations and being familiar with all other factors affecting the conditions and cost for the projects, hereby proposes to furnish all else necessary to provide mechanical maintenance and repair services for the Stillwater Municipal Building and Public Library in accordance with the specifications prepared by the city of Stillwater, dated April 10, 1990. MECHANICAL MAINTENANCE AND REPAIR SERVICES FOR THE STILLWATER MUNICIPAL BUILDING AND PUBLIC LIBRARY: Part I. Maintenance Service for Municipal Building For the quarterly sum of $ 943 00 Part II. Maintenance Service for Public Library For the quarterly sum of $ 945 00 Part III. Hourly repair service rates for both the Municipal Building and the Library Building 1. Normal work week (Mon. - Fri.): $ 55 95 $ 83 93 $ 83 93 PM AM from 5: OOto 8: 00 2. Saturday, Sunday and,Holidays: 3. Overtime rate: 4. Hours of day overtime rate is in effect: Accompanying this bid is a (certified check) (cash deposit) in the amount of One Hundred and Fifty DOLLARS and no CENTS ($150.00) payable to the City of Stillwater, Minnesota and the same is subject to forfeiture in the event of default on the part of the undersigned of failure on the part of the undersigned to execute to prescribed contract and bond within ten (10) days after its submittal to me/us. 2 The undersigned has complet d the accompanying "AFFIDAVIT OF NON-COLLUSION" and has submitted same as a pa t of this proposal. e It is understood that bids ay not be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. It is understood that the City Council reserves the ight to retain the certified check or cash deposit of the bidders as determi ed by the City Council for a period not to exceed thirty (30) days after the date set for the opening of bids. In submitting the bid it isl understood that the City Council reserves the right I to reject any and all bidsl, to waive irregularities and informalities therein and to award the contract 0 the best interests of the City. Respectfully submitted, Palen/Kimball Company Name of bidder (A Cblp)ration) X (A Partnersh.ip) (AIndividual) BY 550 Vandalia Street, St. Paul, Mn. Business Address 55114 e 612/646-2800 / Telephone Number e 3 t e e e .. ~ -.. DAVID T. MAGNUSON AlTORNEY AT LAW SUITE #260 THE GRAND GARAGE & GALLERY 324 SOUTI-I MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439-9464 May 8, 1990 Richard C. Ilkka Mr.. Wally Abrahamson, Mayor 216 North Fourth street Stillwater, MN 55082 Mr.. Nile Kriesel, City Coordinator 216 North Fourth Street Stillwater, MN 55082 Mr.. David Mawhorter, Chief 216 North Fourth Street Stillwater, MN 55082 Mrs.. Ann Bodlovic 1511 West Olive street Stillwater, MN 55082 Mrs.. Roberta Opheim 2650 Skyview Court Stillwater, MN 55082 Mr.. Jay Kimble 412 West Elm Street Stillwater, MN 55082 Mr. Tom Farrell 205 Crestwood Terrace Stillwater, MN 55082 Re: Regulation of the Possession and Discharge of Weapons Ladies and Gentlemen: For some time now, the Police Department and I have been considering an amendment to the City Code that would clarify our regulations with regard to concealed weapons.. An example of the problem that we would attempt to regulate by this ordinance is a recent case that was investigated by Captain Beberg.. A person at a bow and arrow target range set up so that if the arrow missed the target, it would shoot onto a pedestrian path.. When we checked our City Code, however, we did not find a regulation that would prohibit this obviously dangerous condition.. It is our recommendation that the enclosed ordinance be considered by the City Council. Very truly yours, DAVID T. MAGNUSON DTM:kn Enclosure ..- \. ... i ORDINANCE NO.. AN ORDINANCE AMENDING THE CITY CODE BY EN~. CTING A PROVISION REGULATING THE POSSES ION, DISCHARGE AND SALE OF WEAPONS The City Counci of the City of Stillwater does ordain: 1.. The StillWr' ter City Code is hereby amended by adding Section 51..13 that s all hereafter read as follows: "Section 51.13 Subdivision 1.. ! DEFINITIONS. e A. "Weapon" eans any gun, pistol, revolver, wrist rocket, sling-shot, sand cl b, metal knuckles, dagger, dirk, bowie knife, razor, air rifle, a'r gun, B-B gun, spring gun, stun gun, nun chaku, throwing sta s, bow and arrow, switch blade, firearm or any similar device or the propulsion of shot or other metal pellet by whatever' eans, and any other dangerous or deadly weapon or instrumen.. "Person" means any person, firm, partnership or corp ration. _ B.. A weapon Js "concea'led" within the ordinance whenever he fact that a person is not readily ascerta'nable upon observing the meaning of this carrying a weapon is person.. e A. To fire, ischarge, release, throw or in any other manner propel a wea on within the City of Stillwater.. der one's clothes or conceal about one's r to carry a loaded weapon in any bag, sack, , or other such carrying device which hides weapon.. Subd.. 2.. UNLA FUL ACTS.. Except as otherwise provided herein, it shall be unlawful for any person: B. To wear u person any weapon, box, knapsack, purs the presence of the C. To wear 0 purposes in the Cit carry a loaded weapon for hunting or other of Stillwater. Subd.. 3.. SEIZ CONFISCATION PENALTY.. A. If any po ice officer personally observes conduct in violation of Subdiv'sion (2), the weapon may be immediately seized and held in he custody of the City Police Department pending appropriate court action. B. If the co rt determines a violation of Subdivision (2) has occurred, the w apon involved in such violation shall be .. forfeited to and co fiscated by the City of Stillwater.. .. . ~ e e e ,..1/ , . C.. In addition to any confiscation and forfeiture under Paragraph B above, violation of this ordinance shall be a misdemeanor and result in a fine not to exceed $700.00 or imprisonment not to exceed ninety (90) days, or both. Subd. 4.. EXCEPTIONS.. The prohibitions of this ordinance shall not apply to: A.. POLICE OFFICERS. Duly authorized police officers of the City, when in the course and scope of their duties, nor to any officer of any court whose duty shall be to serve warrants or to make arrests, nor to persons who shall have obtained from the Stillwater Police Department or some other appropriate law enforcement agency, a license or permit to handle or have in his or her possession or control any weapon.. B.. ENCASED WEAPONS.. Persons in possession of any weapon that is unloaded and properly encased and/or is being stored, transported or displayed within a residence.. C. BOWS AND ARROWS.. Persons in possession or control of bows and arrows while engaged in instructional programs on archery ranges supervised by Independent School District 834. D.. SALE IN REGULAR COURSE OF BUSINESS. Persons in possession or control of any weapon for the purpose of the sale of the weapon as long as the sale is in the regular course of the person's lawfully authorized business. ~ E.. LICENSED PERSONS. Persons licensed pursuant to State or Federal law, as long as the activity or conduct is permitted by the license. F.. TARGET RANGES. Target Ranges lawfully authorized by the City Councilor the County, State or Federal Government." 2.. In all other ways, the 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. Dated this day of May, 1990. Wally Abrahamson, Mayor Attest: Mary Lou Johnson, Clerk t, e 1.. REQUEST FOR BANNER ANB-WAIVE~ Name and address of organization making request: 2. Activity being promoted by proposed banners: 3. Please specify which of the three banner locations: 1. Main Street at Olive Street 2.. 100 block of South Main Street 3. 200 block of East Chestnut Street . 4.~ ~quest the banner? the assistance of the City in putting up and taking down Yes No 5.. What period of time do you wish the banner to be displayed? 6.. Nonprofit corporations and recognized charities are exempt from any fee for the putting up and taking down of the banner; however, business groups and other for-profit corporations must pay a fee of $40, which includes a charge for putting up the banner and taking it down.. Please make check payable to the City Clerk, City of Stillwater, 216 North Fourth Street, Stillwater, MN 55082.. 7. No authorization is effective without the authorization of the State of Minnesota if required.. Approved by the City of Stillwater. Fee paid, if applicable. e Certificate of Insurance provided. A THORIZATION AND RELEASE e WHEREAS, the Cit Minnesota, in the int certain beneficial co practice of hanging c in the Downtown Area, of Stillwater, Washington County, rest of promoting community-wide events and munity activities, desires to continue the rtain banners over the public right-of-way and WHEREAS, the Undfrsigned Owner is the owner of real estate abutting on a street nown as , Stillwater, that has ad for many years a hanger attached to the outside of the Owner' building to which one end of the banner is attached that allows he banner to be attached at both ends so that it hangs above t e street, WHEREAS, the Own r desires to allow the Cit~ to continue to use the hanger for th's purpose, NOW, THEREFORE, T IS AGREED AS FOLLOWS: I 1. That the Un~ersigned Owner hereby authorizes the City of Stillwater and its agents and employees to attach banners to the hanger that is at ached to the Owner's building. 2. That for any damage y of Stillwater agrees to be responsible the building by reason of this activity. e 3. This AuthO~ization shall be binding upon the Owner's successors and assig s. 4. This Autho ization is terminable by the Owner upon sixty-days' notice i writing to the City.. I I Dated this day of ,19 CITY OF STILLWATER UNDERSIGNED OWNER Mayor Attest: Property Address City Clerk e e e e i LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO.. 8282 Jacobson, Cynthia McNamara, Sheila Stickan, LaDonna Terwedo, Ann Whitledge, Claudia Rylander, Vern Montbriand, Steven Barthol, Robert Glaser, Paul Ness, George Johnson, Ronald Reichow, David Bielenberg, Robert Diethert, George Stevensen, James Beberg, Donald Airlift Doors Amdahl, Chris American Linen Supply American Planning Assn.. A T & T A T & T Bd.. Water Commissioners Bodlovick, Ann Bryan Rock Products Bureau Criminal Apprehension Century Power Equipment Commissioner of Transportation Commissioner of Transportation Courier, The Duro - Test Equipment Supply Inc.. E~rl F.. Andersen & Assoc. Fredls Tire Service Frito - Lay, Inc.. Fritz Company Goodwill Industries Gopher Sign Compen y Gordon Iron and Metal G & K Services Gun N.. smith Hardware Hank Harvest States Jonk Masonry Junker Sanitation Service Refund Blue Cross $ Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Refund Blue Cross Repair Garage Door Repair Lock-Aiple Lift Linen Service Membership-Russell Lease/Rental Leased Equipment Broken Sewer Main Mileage Agrilime CJDN Connect Charge 2 Drive Belts Re-Lamp Rental-State Property Newsletter 1 Case 41 Bulbs Check Air Conditioning Signs 2 Tire Repairs Concession Supplies Concession Supplies April Expenses Signs Steel Uniform Rental Ammunition Supplies Seed Gutter Repair-S..Everett Lift Stations/Garage 9.60 9..60 9..60 20..00 9..60 9..60 7.20 9..60 9..60 9..60 9..60 9..60 9..60 9..60 9..60 9..60 74..85 45..00 36..10 325..00 146..20 47..42 323..81 43..75 234..27 330..00 22.. 90 149..16 8,622..72 923..00 247..20 513..60 140..30 67..50 41..98 309..60 507..34 989..34 40..40 736..46 183..38 285..02 90..00 100..00 381..60 I Labor Relations I Lacal Equipment ~ Magnuson, David Machovec's Food Marke Metropolitan Waste Co trol MIl Life, Inc. Miller Excavating Minnesota D N R Mn.. Correctional Faci ity Mn.. Correctional Facility MTI Distributing Co.. M - R Sign Company OEI Business Forms One Hour Express Phot Pony Express Reloader River City Beverage Russell, Stephen Safety - Kleen st. Croix Animal Shel er Snyder Bros.. #16 Spec Materials, Inc.. Stafford, Washington ounty Treasurer Stillwater Book & Sta ionery stillH20 Inc.. Syndistar, Inc.. Terwedo, Ann Texgas Thommes and Thomas Thompson Hardware, Uniforms Unlimited Valley Auto Supply Viking Office Product Watson, Dennis Wear Guard Wybrite, Inc. Yocum Oil Zack's, Inc.. ADDENDUM TO BILLS Anchor Paper Company A T & T Beberg, Byrdie Capitol Communication Cour ier, The Eckberg, Lammers, Bri gs Greeder Electric Comp ny Jordan, Leonard Junker Recycling Serv ce I Conference-Kriesel Parts-Sweeper Legal Services Rescue Suits Sewer Service Charges Term Life Insurance Sand/Back Hoe Permit - Lily Lake Printing printing Workmaster Stop Sign Posts Computer Paper Film/processing Reloads Concession Supplies workshop-Madden's Service Agreement April Fees Film/Rabbit Food Parts for Router Signs/Snow-Ice Control Office Supplies Pump Manhole Fire Prevention Tape Supplies Downtown Cleanup Pro pane Gr ind 3 Stumps Supplies Shirts-Fire Dept.. Supplies Office Supplies programing Uniforms Mte.. Agreement Fuel Oil/Gas Shop Vice, Shop Light Paper Long Distance Calls Computer Entry Pager Repair Publications Legal Services Install Light Fixtures 30 Bales Straw Recycling for April 50..00 2,365..00 6,162.50 598..50 70,033..98 1,074..33 999..50 200.00 150.60 619..20 7,489.00 611..00 684..00 18..74 118..81 178..25 71..62 88..00 210..00 19..54 544..80 809.. 97 80..80 180..00 151..00 26..94 79..56 250..00 103..30 62..85 625..58 46.07 546..36 181..43 157..00 993.12 148..90 71..10 76..69 306.25 137 .88 151..13 45..00 338.00 60..00 3,532..50 '", e e e e e e (, La~ Enforcement Legal Revie~ L.. N.. Sickels and Company Magnuson, David Metafile Information Systems Mn. Chapter I..A..A.I. Minnesota C.. P. A. Road Rescue Sherin, John R. Spartan Promotional Group still~ater Area C of C united Building Centers U.. S. West Communications Vernis GTC Auto Parts Viers, Larry Viking Office Products Subscription $ Crack Filler ~.fJ:: LS.,L .ic"8s Metalfile/Metaview Dues-Bell/Bart~ol Membership-Deblon 3 Rope Bags Meeting Expense (4) Cups Luncheon-Kriesel/Opheim Concrete Mix Telephone Service 2 Pipe Wrenches Reimburse for Shipping Office Supplies ADOPTED BY THE COUNCIL THIS 15TH DAY OF MAY, 1990.. APPROVED FOR PAYMENT 60..00 1,680..50 "~r . 17'0 485..00 20..00 55..00 57..80 8..00 703..16 30..00 17..64 1,739..16 52..25 5..65 74..18 e e e The Giertsen Co. 14105 13th Ave. No. Plymouth, Mn. 55441 David Lee Hendrickson 5969 Stagecoach Trail Stillwater, Mn. 55082 Horak, Inc. 244 So. 4th St. Bayport, Mn. 55003 Chris Peterson Construction 2629 Greenmeadow Ct. Stillwater, Mn. 55082 St. Croix Valley Improve. Co. P.O. Box 201 Stillwater, Mn. 55082 Bill Wolfe Excavating, Inc. 15567 Jeffrey Ave. No. Hugo, Mn. 55038 CONTRACTORS APPLICATIONS May 15, 1990 General Contractor General Contractor Bldg. Demol ition Tree Trimmers General Contractor General Contractor Excavators New New Renewal New Renewal New e TO: City Council DATE: May 14, 1990 On July 11, 1989 you approved a street vacation to John Doyle and Jerry Cadwell of 404 and 322 South Grove Street in Stillwater. There was an easement on this land. The neighbors were informed of Jerry building a garage and leaving the easement for the children to walk through. Now, we are informed there is no easement and therefore our children are forced to walk on busy Pine street with no sidewalks or County Road 5 to and from their way to Lily Lake School. Both of these streets have very heavy bus and car traffic. We are asking, for the safety of our children, the City Council provide a sidewalk on Pine Street or bus transportation to and from Lily Lake School because the council allowed this easement to be lifted and knew we were in protest of this. We, the undersigned, will be waiting for a solution to this problem. e Thank you, Mary Ness 1321 W. Olive st. Stillwater, MN 5.5082 439-5095 lmGJU.f' 'vV~(L/J;G- ca~~ ~ d~ ~ 4:;~ ~ YJZ~ /'J -r CfULtltc l CLiLV<.-, J\CM0- dlVcd-Q t~w,~~~ e e e e MEMO DATE: MAY 15, 1990 TO: STILLWATER CITY COUNCIL FROM: WAYNE WOHLERS - CHAIR STILLWATER PARKS AND RECREATION BOARD SUBJECT: KOLLINER PARK In Mar ch the Par k and Recr ea t i on Board was approached by individuals involved in the sport of rowing on the St. Croix river. At that meeting Tom Palmer & Susan Hipps presented to us a plan using Kolliner park as launching place for their activities. It is there intention to establish a non profit rowing organization comprised of members of this area who are actively involved or who are interested in the sport of rowing. It is their goal to advance knowledge of and interest in the sport and to teach others about rowing. Currently they have been using the Commander Elevator to store their boats. But this is becoming increasingly difficult to carry and launch the boats in downtown Stillwater. They ar e storage similar and the requesting the ability to use Kolliner Park as a and launch sight for their activities through a arrangement to that of the Minneapol is Rowing Club City of Minneapolis. The Park Board discussed with them at length the past probl ems wi th that area and some of the potent ial concerns that the Board had. After agreeing to solutions to the potential problems the Park Board agreed in concept to lease use of the land to them for an annual fee of $1.00 along with several conditions to be spelled out in a formal lease agreement to be drafted by Mr. Magnuson. This approval was pending comment from the Downtown Plan Action Committee and The Stillwater City Council. Subsequent to this meeting Mr. Magnuson has met with Ms. Hipps and drafted a proposed agreement. Attached is a copy of this agreement for your review and comment. 26S--LEASE. Genera' Form. SECU~'~T:~~~~: :~~K~i;6 ;;Ac"o~i.A~'S r ~ "~(;l55101 "~~~4fii~EmI: .Hade th~ day of April J:J 90 by and between stillwater Recreation Commission e part y of the first part, Letitior and st. Croix Valley Rowing Club, a Minnesota nonprofit corporation part y of the secun.d part, Les.~ce ; Wll'XEfiSE1'H, 1'/wt the t...,titt part y of the first part, in c(Jn,~icle,.ation of Ute rent8 and I:OV(,/wn".~ hereinafter mentioned, do es hereby dl'lIIi.~I', Lcnse, and Let, u.nlo fhe said part y 11/ the sl'I'oud pa.rt, and the said part y of the second parl do es hereby hire ltnd la/,;e from tit/: saitl/IlII'ly oj' the first pllrt, the follo(('illd described l,remi.:;c,y, situated in /he County of st. Croix and Stute of;.d1{Dq~Ktlt({KlXX Wisconsin, to-wit: See attached Exhibit "A" ~ ~abt anb tD ~olb, l'he aboue rented premises unto tlw :sc:id Le.~.Yc;e its heir;; an'd assigns, just as they a.re, without any liability or obligation on flte lJart o!'lmid Les:sor of ma.king any aUeI'ctiions, illll/ruUel/lntis ur repai r.~ of any kind on 01" abou{ :said Iwc:mi::e.s, lor uncl during the full term of one year from and after the 1 st day of April 19 90 'for tJu' foLloll/ing pUl'po~es, to-wit: Lessee' will u~e, the leased premis~s to opera ~e , rowing club. Uses lnclude, but are not llmlted to the followlng: educatlo , training, sponsorship of rowing competitions, storage and maintenance of* .I.lnd the said Lessee agrees to and with the said Lcs801' tu pay a,~ I'c;nt for the above mentioned premises the sum of One and 00/1 00 ($1. 00) Dollars, See attached Exhibit "B" lor and during' the full tern'll of this Lease, .I.lnd it is fll,rther agI'ecd by and between the parties as follows: J.'hat should the said Lessee jail73 to make the above mentioned payments as herein .specified, or to /lay the rent aforesaid when due, or failS to fn-Ifill any of the covenant:s herdn contained, t.hen and in that L!C1Se it shall be lawful for the said Lessor to re-enter und take posses.~ion of the above l'entecl prell/ises, eLntl hold (Uul enjoy the sa.me WithOll.t such rc-cntering' working Cl forfeiture of the rent.s to be [Jaid and the cot'etwnts to be performed by the said Lessee for the fuU term of this Lea.'le. .,1n(l the said Lessee al.'1o I;OVCTlant Sand agrecJ5 to and with the said Lessor not tf) assign the Lea..~e or underlet the above rented prc:mi.8cs or any part thereo!" without. fir8t obtainiit..g the written consent of the sa.id Lessor , and thnt it will, at the e.1;pil'ation of the time a.s herein r('C,iled, quietly yield and 8urrender the aforesaid prem.ise.s to the saul Lcs,'ior its . hei~s and ass;r1ns, in as good. condition- and repair as mhen it twl.; lI/l;m, rca,wmablt: WI'W' alUl/car allll c/aJ/;ugc by the eleuwnt.'l alone e.xf'eptcd, w1nd the .'laid JA!-B.'101' do NJlI(~'WTl.t that the said Leli,~e(!. , on payin4! the rent and lI(:rfonning' Ow covmwnts aforesai(l, shull IC1/(7 nw.y llcw:enbly and quiefl./! hlll'C, hold, ((nil enjoy the sam{l demised prem- ise..~ for tlce term aforesaid. *boats, motors and other equipment necessary for the operation of the rowing club. 3ln ~e5timon!, mIberent. Bulh parties ha.ve hereu.n/.o set their hantl,~ (Utd s'ml.s the day CL1ul year jirS't above written. STILLWATER RECREATION COMMISSION Signed, Sealed and Dellvel'ed in PrelJence of By.............................................................................................g.b:!..~.~~ AnS<\r.;.....CROIX-...VAI;L"Ey....ROWING...el;JB~.c:?.'I..~ By..............................................................................................................~ And............................................................................................................~ ............................................................................................................... ................................................................................................................... Exh.ibi. t II A" e ., All that part of the following described property that lies South of Wisconsin Highway 135. All that part of IDt Tv,Q (2), in Section 'lWenty-seven (27), Township Thirty (30) North, of Range Twenty (20), lying West of a line described as follows: Beginn.ing at a point on the North line of said lDt '.IW:> (2), said point l:eing Fourteen hundred and thirty-two and two tenths (1432.2) feet West of the Northeast comer of said lDt Two (2) and running in a Southerly direction to a point on the South line of said lot (2), said point being Fifteen hundred and sixty-six am eighteen one hundredths (l566..18) feet West of the Southeast corner of said lot Two (2). e Also all that part of Lot Three (3), in Section Twenty-seven (27), Township Thirty (30) North, of Range Twenty (20), lying west of a line drawn parallel to and Eleven hundred and ninety-eight feet distant West fran the East line of said lDt Three (3), except the two pieces of land described as follows: (1) Q:mnenc.ing at a point Seventeen hundred and ninety-two (1792) feet South of a PJint 'IWelve l;1undred and sixty (1260) feet West of the ~rtheast corner of the Northwest fractional quarter of said Section Twenty-seven (27); thence West on a line parallel with the North line of said Secticn Twenty-seven (27); one hundred (100) feet; thence South on a line drawn at right angles with the last mentioned line Fifty(50) feet; thence East on a line parallel with the North line of said Section Twenty-seven (27) One hundred (100) feet; thence North to the place of beginning. (2) O::::rm1encing at a p::lint on the North line of said lot Three (3), Twelve hundred am ninety-six (1296) feet West fran the Northeast comer of lot Three (3) in Section Twenty-seven (27), Township Thirty (30) North, of Range Tv."enty (20) West; thence West on said North line of said lot Three (3), One hundred and sixty-one (161) feet; thence South Six degrees (60) East '.I\o,Q Hundred and forty-four am five tenths (244.5) feet; thence South Seventy-seven degrees and thirty minutes (77030') East to a point on a line drawn parallel to and Eleven hundred and ninety-eight (1198) feet distant West fran the East line of said lDt Three (3) i thence N:>rth on last mentioned line to the NJrth line of said lDt Three (3); thence West.on the North line of said lot Three (3) to place of l::egirming. q, .. e Also all of Lot Four (4), in Section ~ty-seven (27), 'lbwnship Thirty (30) North, of Pange 'IWenty (20) West;, lying West of the folla.ving descri.1::ed line: Beginning at a p::lint on the South line of said lOt Four (4), Twelve and eighty-eight one hundredths (12.88) chains West of the intersection of the West line of the Houlton arrl Hudson IOad with the South line of said lOt Four (4); thence North Six degrees (60) \oJest Eight (8) chains, 670 West 3 Chains, thence NJrth Eighty-eight degrees (88"), West four and fifty-five hundredths (4.55) chains; thence North Three and forty-five hundredths (3.45) chains; thence North Seventy-seven degrees and thirty minutes (7""P33') West '.I\-..O (2) chains; thence North Ten' degrees (100), East Two. (2) chains; thence North Sixteen degrees (160), East Five and 'IWenty-three hundredths (5.23) chains to the North line of said wt Four (4). e e e property damage and shall have as named insured the City of Stillwater and the Lessee, and shall contain such further provisions and be in such form and issued by such insurer as shall be acceptable to the City.. The policy shall also contain an endorsement to the effect that no change or cancellation in the terms of the policy shall be.effective unless written notice is received by the Lessor at least ten (10) days prior to the change or cancellation.. 8.. The amount of other public use of the property shall be determined by continuing consultation with the Stillwater Recreation Commission, and the parties agree to meet, confer and negotiate in good faith when either party desires that either more or less space should be available for public use. 9.. The Lessee agrees that during the term of the Lease and any lawful extention thereof, there will accrue no vested rights of any nature or sort whatever in this Lease or in the real property that is the subject of this Lease.. 10.. This Lease shall terminate at the end of the terms as set forth herein and sooner if any term, covenant or condition of this Lease is broken and in that event, the Lessor may serve written notice upon the Lessee outlining the defaults allegedly occurring.. The Lessee shall be entitled to a hearing within fifteen (15) days after service of this notice.. The hearing shall be before the Stillwater Recreation Commission and if good cause is found at the hearing, the Lease shall terminate and in all ways be void fifteen (1~) days thereafter.. STILLWATER RECREATION COMMISSION By Its Chairman And Its Secretary ST. CROIX VALLEY ROWING CLUB By And e e e ,... EXHIBIT "B" Payable on or before April 1 of each year. Subject to the following terms and conditions: 1.. No vehicles will be allowed entrance by land to the area except maintenance vehicles and club members who shall be responsible to open and close the gate after they gain entrance.. 2.. A gate will be kept at the entrance to the area that will prohibit the entry of any unauthorized motor vehicles.. 3.. The existing sanitary system or portable toilets provided by the club, if necessary, will be utilized to the extent possible and no effluent will be discharged into the river. 4.. Lessee shall be entitled to erect a shed on the property to be used to house rowing shells, boats and related equipment.. The shed shall be designed and erected in such a manner that it can be removed and relocated as set forth in the agreement.. (a) Location. The shed shall be located according to the Site Plan approved by the Recreation Commission on (b) Relocation. In the event of a flood, the Lessee agrees to relocate the shed to an elevation not threatened by the flood.. At the end of the term of the Lease and at the request of the City, the Lessee agrees to remove the shed without charge to the City or damage to the property.. (c) Permission. The right to erect the shed shall be contingent upon Lessee obtaining, at its own expense and effort, any needed permits from any government agency with jurisdiction. 5.. The Lessee shall be responsible for the condition of the premises during the entire year.. The premises shall be available to the City of Stillwater for the discharge of fireworks.. 6. This Lease may be renewed from year to year at the option of the Stillwater Recreation Commission. The Lessee shall indicate its desire to renew the Lease for the following year by a written request to the Stillwater Recreation Commission on or before February 15 of the year during which the Lease is in effect. Renewals shall not be unusually withheld.. If renewal is not granted, the Commission will use its best efforts to find another suitable site for the Lessee.. 7.. Lessee agrees to provide the City within twenty (20) days after execution of this Lease a policy of public liability and property damage insurance for the term of this Lease.. The policy shall have limits of $500,000.00 per person and $1,000,000.00 per accident for bodily injury and $500,000.00 per accident for e e e TO: FROM: DATE: SUBJECT: M E M 0 MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK MAY 15, 1990 ACCEPTING CHANGES AS PRESENTED TO BOARD OF REVIEW Attached, for Council information, is a copy of the proposed changes correcting assessment of certain real estate as recommended by the County Assessorls Office and the Stillwater Board of Review. Also attached, for Council action, is a proposed resolution certifying these changes. . A, e e e RESOLUTION NO. ACCEPTING CHANGES IN ESTIMATED MARKET VALUES AS PRESENTED TO THE STILLWATER BOARD OF REVIEW WHEREAS, the City Council of the City of Stillwater set the date of April 24, 1990 for the purpose of reviewing and correcting the assessment of said real estate for the year, 1990; and WHEREAS, the residents listed on the attached Exhibit "A" presented cause for correction to the estimated market value of their property. NOW, THEREFORE, BE IT RESOLVED, that the properties as listed for correction on the attached list for correction are hereby approved. Adopted by Council this 15th day of May, 1990. MAYOR ATTEST: CITY CLERK e e e e EXHIBIT "A" Form Ql-4 Poucher, MiDneapoUs State of Minnesota, WASHINGTON of. STILLWATER ., } D. County of r. TTY of STILLWATER ;'1 said County, do hereby certify that we, and each of us, attended at the office of tI,e CITY the day set forth in the notice given by the Clerk, and in accordance with the provisions of Minnesota Statues, Section 274.01, we made changes in the 19-9..0. assessments as entered day of MA Y , 19.JllL. Chairman CITY ,l9~, It:ith We, the undersigned, Board of Review-OEqualization-of the Clerk on the 24th. day of APRIl in the follOWing forms. Witness our hands thl. · Applies only to Cities whose Charters provide for a Board of Equalization instead of n Board of Review. Changes made by Local Board of Review- "Enter "res" or "No" for eacb Description. Identify Parccl o.n wJ~ich Residence is Located w~tb Letler "II". .Indicale if M~d-l'ear or fractional Homestcad.:-ooJn~icatc ~ of Pro~crty: U - Ucsidcntial, C - Commcrical, 1 - Induslrial, U - Utility, F - Farm, T - Timber Homestead, 3b, 3e or 3cc, SM . Seasonal Recreational ReSidential, SHC - Seasonal Recreal10nal CommerCIal, FII - Nahonal llousmg, *0 Olher, Specify: Mmcral-oO,o; Parkmg Rnmps-36-%. , Indi- Number of Number cate See. Twp. Acre. of Acre. of Home or or Rnge. Deeded Lan . Farm Land slead Lot i lllock ~~. i Acr.. 100. No Estimated ~ Market Value of Omittedl ReAl I Properly ~ Do1la.n -r: /",].O,t>>(J J l: ..1.t'oS; c-6-(! lLY. .2. $', ()-(rl' 8 I oU ~ o. r / V~ ()-6-0 f;~ )") , ~ V~~ ) 13, /Y' ~ /tH 1lJ( 33 q H) ) 13. ~'0-<..(}-O nil /0' 9 ~ -.:i.oco ~ N s; ,/-00 loC,C;o-G9SO ~ 3t 90-0 J 1{().J...OJ..~..:l..c>.so 6 3 00---6 , ~ I~ 30-0 ; ..13. 3S"., 7cM 1/;..(,' / b 3 cJ-<) ; 13, .3 0,1 r 0-<> II / ./ I dl( ...30" ~; .8. liD, 000 I:~ ol~~j a. /3o,,~ II k I ~ Y()-() j i3, &0; 3 t)-O Ii ~ .;<s; ~; ,g. & 15 7()-(j I~ ..< ~t' ~ ) /3, 9f'; 9HJ II 0(. ~ Y; ol. tHJ) B. //3, 6-+-0 IU ?cJ., Cfo-o ) 'c:? .).0'/ S6--0 I it. ..<~ 5CH> J 13. II s:; SCriJ ;;( 1/ iH-t1 I Indi-. cote I ClUJ of P,operty lype I pr~p-! fj erty AgriCUltural! All Other by ~;, I I Decrease In Estimated Market Value Increase In Estimated Market Value Parcel or Dese. No. NAME OF PROPERTY OWNER REMARKS DESCRlYI'ION AND ADDRESS Do1la.n Do1la.n Xij~i' ~~~ ~J~ ~~~"Oil 110(1 ~II -.s; 300 II jY3S; 1"0 I i I~-. II .I li~fOO 11 "iJj 3 00 I .' J 7~ I II'<' 11/1~1 li""3~ f1/; 7t>-O I ~~ IHJ II ~ 76-6 I 1~3~ /~ ij 0 30-0 f~1 I I 1()~93- lot 03 - 9 t 50 - r; ; t./o /669,,-d,0<s0 , 16 G '10 - b<?~-Oj 1I0~J.-..20SOI -3/ a--d dol- 0-0 I: Ii Ii I' 93oS-33.;to I I I(()!O- 71{;O I I :~~~?~- ~:~ ! il~!i ~ I($~O - -3 Gso Ii f/3 J...h - d. 7 S S ~!I, 1,li,. 93 c;/- .;z0 tD ~ 90 33 -;;'/IS) Cjo33-oVd.-o ~ II 10 ? 9 C( - s- (}-()-() _ ... ~ ~ .. '!(,(,s: i.';i.~Dw.;,;-.....;,;;. Ff",;jd,d .., ~nIrOi';";;'Fr ~ ~ -""i ~~ A9~ ~ (j)~, U)~. ~(/ J :/ ) ~~ uJ~ , J/ .J ~ ~/~ &~ ~~- ~~ ~. ~~,-~,~_::: NAME OF PROPERTI' OWNER AND ADDHESS 4~ .Jn~A~'. ~/~- -([ e Parcel or Des~. No. DESCRIPTION i. 9f'~{) -~6'9 6tJ 9033 - d(jc.b Not&ere " .; Ii I !I II !I 11 II I I ~ j II II Ii ,~ J II :1 Ii Ii 'I II I II I ;1 I Ii I !; I lllll :1 Ii 1'1 li I: ~ ij II :111 ...' ~ 1~ omitted real broperty Is , " EXHIBIT 'WI (Continued) , I, . ~ , I , I I : I 1 ! I I r. ~ I ~ I I I ~ . , I' I .~ ij L"""- ~dded ~lDdlcate L- value of land, ,I . Applies only 10 Cities whose Charters provide for a Board of Equnlization instead of a Board of Review. Changes made by Local Board of Review- GEnler "Yes" or "No" for each Description. Identify Parcel on which Residence is Located wIth Letter "II". Indicate if l\1id-Year or Fractionnl Homestead.-GGIndicate type of Property. R - Residential, C - Commerical, I _ Industrial, U _ Utility, F _ Farm, T _ Timber HOlllestead. 3b, 3e or 3ce, snu - Seasonal Uecreational Residential, SRC . Seasonal Uecreational Commercial, FII _ Nationnl Housing, *0 Other, Specify. Minernl-50%; Parking Unmps-36.%. :1 ~... .-. '-1/- ..~-_.._. I I Number of Number See. II Twp. I Acre. of I Acres of or or I I\nge. D.eded LlUldl' Fann LlUld Lot ',Block' I: : I: I ; Acre< 100.1 - - f1 - . .i I lodl- I In~;- cate cute Class of Property Home- l>;ye I stead pC':,P- ~~. erty Agricultural All Other No .:;_ bolo _~_" uildings and machin '11 I paratel,. I, II Increase III Decrease Estl~aled Esti:.ted Market Market Value I Value Dollan I' Dollan I 1"1,' '10-6' I !bt ~ ~ (j-(, ,; I ._____. _ Estimated Market Value or Omitted Real Properly REMARKS Dollan V:"'7~-6 ~J'-J3. . 3~ / ~ 6( I C; 3/ ~~~!3. '/1 ~ 7~_ ~' e --- e ASSESSOR RECOMMENDATION TO WA~NGTON COUNTY BOARDS OF REVIEW YEAR 1990 AREA STILLWATER e , . . CASE # NAME/ADDRESS PID ORIGINAL ASSESSOR BOARD ASSESSOR EMV RECOM ACTION COMMENTS: PARKER, GEORGE 10693-3050 L. 15,500 XX NO CHNG APPOINTMENT 5-4-90 4:00 - 316 S 4TH ST B. 40,000 REDUC OF " Cancelled - TO 1A T. 55,500 L. B. T 7 PARKER, GEORGE 10693-3100 L. 25,000 NO CHNG APPOINTMENT 5-4-90 4:00 183,800 - B. XX REDUC OF " Cancelled 60.800 TO Lower Bldg. value to 148,000 T. 208,800 L.25,000 Total value 268,000 BeL Action 1B L. 15,000 B123,000 .... ll. 105,000 T148,000 T. 120,000 T2~~'88H 1 -,; BLACK, PETER !-1 10603-2200 L. 45,000 NO CHNG Lmver Bldg Value to lvfarket Camp's - 835 TOWNE CIR B. 153,100 X REDUC OF -12,000 TO T. 198,100 ; L.45,000 2 B141.100 T186,100 HOLBERG, HENRY 9800-9200 L.. 1S.c;OO x.... NO CHNG CHECK ON FRACTIONAL HO!-1ESTEA . 118 SO SHERBURNE B. 16.400 REDUC OF CLASS - TO 3 T. 31,900 L.15,500 Put on Full Homestead B.16.400 T 31.900 j ULRICH, CLARENCE I g SO --'%<1" L. 39,200 4- NO CHNG APPOINTMENT 5-4-90 3:30 1001 4TH AVE B. 44,200 >\ REDUC OF Lower Land value, Seasonal view 5,300 TO T. 83,400 L. 33 , 900 4 B.44,200 T ASSESSOR RECOMMENDATION TO WASHINGTON COUNTY BOARDS OF REVIEW YEAR 1990 AREA STILLWATER ~ASE # NAME/ADDRESS PID ORIGINAL ASSESSOR BOARD ASSESSOR ,'. EMV RECOM ACTION COMMENTS: .. L. NO CHNG OTTE, RALPH 11155-2500 19.300 -X QUESTIONS ONLY NO ACTION 421 W WILKINS ST B. 50,700 REDUC OF - TO T. 70.000 L. 5 B. T SANDAGER, DANIEL 10200-2000 L. 24,700 X NO CHNG NO CHANGE 19303 ORWELL AVE N - B. REDUC OF MARINE TV ---_._-~---- - ------ - --., T. 24,700 L. 6 B. .' T 7 DESCH, MARK 10690-2050 L. NO CHNG LOWER VALUE TO 2.50 PER SQ .F 9985 A !COLA CRT 10690-6950 - B. X REDue OF 10690-2050 317,400 to 198,4 11029-2050 135,100 TO 1069.0-6950 45,800 to 31,9 T. L. 11022-2050 5,800 to 3,6 7 B. T 7 NELSON, WALLACE D 9305-3320 L. 19,300 NO CHNG 8/89 PAID 55,000 - 719 4TH ST SO B. 40,100 ~ REDue OF LOWER TO SALE PRICE 4,400TO T. 59,400 L. 19,300 8A B. 3S.700 T 55,000 j WHITCOMB, JON 11080-7160 L. 16,300 NO CHNG 4/89 PAID 46,400 - NELSON, HALLACE B. 38,400 J REDue OF LOWER TO SALE PRICE 308 SHERBURNE 8,300TO DUPLEX T. 54,700 L. 16,300 8B B. 30,100 T 46,400 ~, .' e .! '] ( c c e e ASSESSOR RECOMMENDATION TO WA~GTON COUNTY BOARDS OF REVIEW YEAR lqqn AREA STILLW~TER e CASE # NAME/ADDRESS PID ORIGINAL ASSESSOR BOARD ASSESSOR l" ." EMV RECOM ACTION COMMENTS: ./ FLE 'ICHER , ~nLLIAM 11200-2700 L. 30,000 NO CHNG LOWER BLDG VALUE 1301 MCKUSICK RD LN B. 112,700 X REDUC OF - 2,700 TO 9 T. ]42.700 L.30.000 BI10.000 T140,00O ,/ MINDAY, RICHARD 9354-3550 L. 25,000 NO CHNG APPOINTMENT 5-4-90 4:45 2675 INTERLACHEN C'l B. 131,000 i{X REDue OF 1,000 TO I..at-ler Bldg value T. 156.000 L. 25,000 10 B.130,000 . T 155,000 / OPHEIM, GARY 10694-2800 L. 15,500 ~z NO CHNG 3 PLEX B. 62.60Q XX REDUe OF Lovler Bldg Value 2,300 TO T. 78,100 L.15,500 11 B.60,300 T 75,800 .J BAKKE, MORRIS L. 25,000 NO CHNG APPOINTMENT 5-4-90 5:00 2654 FAIRLAWN DR. B. 66,400 .ne REDUC OF II S "0 :- .3 G. >- 0 1,700 TO Lovler Bldg Value Ed Action T. 91,400 L. 25., 000 12 B. 64, 700 T UY, 700 PETTERSON, PAUL 10570-2100 L. 23,700 X NO CHNG QUESTIONS ONLY NO ACTION - 1117 W PINE ST B. 57,800 REDUC OF - TO 13 T. 81. 500 L. B. T :ASE # NAME/ADDRESS PID ORIGINAL ASSESSOR BOARD ASSESSOR EMV RECOM ACTION COMMENTS: " / NONSol'/ LYNN'": 9326-2755 L. 47,100 NO CHNG 320 MYRTLE ST B. 98,900 :{i{ REDUC OF Lower Land Value 22,100 TO Res. L. 19,400 Com. 5,600 14 T. 146,000 L.25,000 B. 78,300 20,600 B.98,900 T. 97,700 26,200 T123,900 .j ANDERSON, CLIFFORD 9341-2010 L. 24,200 NO CHNG LONER BLDG VALUE 231 N 3RD ST B. 111: "'''1'\ V REDUC OF -- ,._----~------_.- ~ :noo TO 15 T. 140,900 L. 24,200 B.113,OOO .^ T137,200 / BRACKEY, ROBERT 9033-2115 L. 103,900' NO CHNG - 9033-2120 B. VT.T REDUC OF ,/\.ll.. 136 , 100 TO Lrnver Land value to 1. 20 per Sq. T. 103,900 L.62,Ll-00 L. 301,100 B. 16 B. T 62,400 T. 301,100 206,500 ../ BRODERICK, JEFFREY 10694-5000 L. 24,500 NO CHNG APPOINTNENT ON 5-4-90 3:00 604 S THIRD ST B. 122,800 XX REDUC OF 1,300 TO Lower value on b1dg to 115,500 T. 147,300 L. 2(1-, 500 17 B.ll~,~UU T 140,000 ,/ FEELY, LEONARD 9615-2050 L. 57,300 NO CHNG LOWER VALUE ON 9615-2050 - 183 COTTom.mOD CT B. .ll REDUC OF 56 , 30 0 TO T. L. 1 . nnn 18 B. 9615-2900, T 1, 000 2850,2600, , 2~OO,2350, . 2400,2100 NO CHANGE . , ASSESSOR RECOMMENDATION TO WASHINGTON COUNTY BOARDS OF REVIEW YEAR 1990 AREA STILLWATER Ft e e e e ASSESSOR RECOMMENDATION TO WASJllbTON COUNTY BOARDS OF REVIEW YEAR lqqO AREA STILLWATER e . I :ASE # NAME/ADDRESS PIO ORIGINAL ASSESSOR BOARD ASSESSOR '\ .' EMV RECOM ACTION COMMENTS: / ~ SCHEID, STANLEY 9850-6960 L. 19,600 NO CHNG APPOINTMENT 5-4-90 5:30 1014 4TH AVE SO B. 44,000 OC REDUC OF Lower Bldg Value - 19 4900 TO T. 63,600 L. 19,600 B. 39, 100 T 58,700 / OLSEN, DICK 9033-2366 L. 143,300 NO CHNG OWNER SENT LETTER TO BOARD - 1902 S GREELEY B. 448,300 'err REDUC OF Lower Bldg Value ~ ;l II "00 TO T. 591,600 L. 143, 300 20 B. 418, 700 T 562,000 ECKBERG, LAMMERS, 9615-2820 L. 88,200 lL NO CHNG OTHER SALES INDICATE THE VA BRIGGS B. 305,500 REDUC OF IS WHAT WE HAVE PLACED ON IT - TO T. 393,700 L. 21 " B. T L. NO CHNG - B. REDUC OF - TO T. L. B. T L. NO CHNG B. REDUC OF TO T. L. B. T LU .' e e e 1st DRAFT May 7, 1990 tJ /v ~ ~r/' DEVELOPMENT CONTRACT RELATING TO THE KROGSTAD PROPERTY BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND JAMES C. KROGSTAD AND ELAINE LUECK KROGSTAD -" This agreement was drafted by: DAVID T.. MAGNUSON Attorneys at Law Suite 204, The Grand Garage 324 South Main Street Stillwater, Minnesota 55082 e DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this 5th day of May, 1988, by and between the CITY OF STILLWATER, a municipal corporation of the State of Minnesota, (hereinafter called the "City"), and James C. Krogstad and Elaine Lueck Krogstad (hereinafter called the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. The Property. The Developer now owns the Property described in the attached Exhibit "A." e 1.02. Subdivision. The Developer has made application to the City under the City zoning ordinance and its subdivision ordinance to develop the property with single family residential uses. The Planning Commission and the City Council have reviewed the application in accordance with Minnesota law and the City ordinances. .......-' 1.03. Public Improvements. The Developer has requested that it, at its own expense, construct all sewer and .~, water service (the "Public Improvements") necessary to serve the Project. The City is willing to allow the Developer to construct and install the Public Improvements, only if the conditions set forth in this Agreement are fully satisfied. 1.04. Public Improvements; Plans, Specifications. Upon request by the Developer, the City agrees to authorize Short-Elliott-Hendrickson, Inc. (the "Consulting Engineer") to review and approve the plans and specifications.. Approval by the Consulting Engineer of the plans and specifications for the project shall be a condition of this Agreement.. The approved plans are made a part of this agreement as Exhibit "B".. e 1..05. Public Improvements, Warranty. Developer agrees that the work will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City in their plat approval. All work done pursuant to this contract shall be subject to the inspection and approval of the Consulting Engineer.. In the case of any material or labor that is supplied and that is rejected by the Consulting Engineer as - 1 - e .Jo" .._.,'___ e e defective or unsuitable; then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the satisfaction and approval of the Consulting Engineer at the sole cost and expense of the Developer. This warranty shall extend for one year beyond the completion date of the Public Improvements.. 1.06. Public Improvement Schedule.. The Developer further agrees that it will commence work on the improvement on or before the 1st day of May, 1990, and will have all work done and the improvements fully completed to the satisfaction and approval of the City on or before October 1, 1990. The Developer shall be excused from the strict completion date set forth if written notice is received from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work. In that event, the City may extend the date hereinbefore specified. Section 2. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that as of the date of this Agreement, the statements set forth in this section are true and correct. . 2.01. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and .~ instruments.. .~ Section 3. Security. 3.01. Consultant Fees and Charges. The Developer will pay to the City when due, all consultant fees incurred by the City in behalf of or at the request of the Developer.. 3.02. Public Improvement Costs Letter of Credit. Prior to beginning work, Developer shall furnish to the City a Letter of Credit issued by a bank previously approved by the City which shall guarantee payment of the cost of Public Improvements in accordance with this Agreeement at a cost of not less than Thirty Thousand One Hundred Twenty Dollars ($30,120.00).. At least thirty (30) days prior to the expiration of any Letter of Credit provided under this Section Developer shall provide the City with a replacement Letter of Credit which shall extend at least one year beyond the expiration date of the Letter of Credit then in effect or, if earlier, until a date which is (sixty) 60 days beyond the contractor's written estimated date for completion of the Public Improvements, or Developer shall be in default hereunder - 2 - e e e with no opportunity to cure and the City may immediately draw upon the Letter of Credit then in effect. Developer may at any time secure a reduction of the face amount of any Letter of Credit then in effect by an amount equal to the amount which it has disbursed to any contractor for construction of the Public Improvements. Any letter of credit provided under this Section shall permit the City to draw upon it for the full face amount thereof, as reduced from time to time as provided herein, or immediately in the event Developer fails to comply with any obligation stated in this Section with respect to replacement Letters of Credit. The form of Letter of Credit required is attached as Exhibit "C". Section 4. Developer's Undertakings. 4.01. Easements. The Developer shall furnish to the City upon request and without charge, all permanent and construction easements; as designated in said plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developer and the City) and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements to be constructed on the Property, in form and cont~nt satisfactory to the City. . Section 5. Insurance. .~ 5.01. Insurance.. Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (a) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the town as an additional insured to the extent of its interest.. (b) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence of $1,000,000, and shall be - 3 - e endorsed to show the City as an additional insured to the extent of its interest.. (c) Worker's compensation insurance respecting all employees of Developer in amounts not less than the minimum required by statute.. Section 6. Restrictions on Transfer; Indemnification. 6.01. Enforcement by City; Damages.. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means.. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer the City may commence legal action to recover all damages, losses and expenses sustained by.the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement~ Section 7. Events of Default. . e 7.01. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used , in this Agreement, anyone or more of the following events: (a) Subject to Unavoidable Delays, failure by Developer to commence and complete construction of the Private Improvements pursuant to the terms, conditions and limitations of this Agreement.. (b) Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 7.02. Remedies on Default.. Whenever any Event of Default occurs, the City, agreed to by the City pursuant to this Agreement, or otherwise by' written, executed instrument of the City, may take anyone or more of the following actions: e (a) The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. - 4 - e (b) The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer, or certify to the County Auditor for collection with the real estate taxes all sums due under Section 3 that remain unpaid thirty (30) days after notice. (c) The City may immediately draw on the Letter of Credit, as set forth in Section 3.02 of this Agreement. Section 8. Administrative Provisions.. 8.01. Notices. All Notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Mary Lou Johnson, Clerk . 21~ North Fourth Street Stillwater~ Minnesota 55082 e . If to Deyeloper: James and Elaine Krogstad 8031 Neal Avenue North Stillwater, MN 55082 ~ , The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 9.. Termination of Agreement. 9.01. Termination. This Agreement shall terminate at the time all of the Developer's obligations hereunder have been fulfilled.. IN WITNESS WHEREOF, The City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written.. CITY OF STILLWATER: (SEAL) BY: e Its Mayor Attest: Its Clerk - 5 - e DEVELOPER: James C.. Krogstad Elaine Lueck Krogstad STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON ) On this ___ day of , 1990, before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. Notary Public . e ~ ~ STATE OF MINNESOTA ) ) ss.. COUN~Y OF WASHINGTON ) On this day of , 1990, before me, a Notary Public within and for said County, appeared James C.. Krogstad and Elaine Lueck Krogstad, to me personally known, who, being by me duly sworn, did say that they are the Developer named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public e e --.JlB~ ~ I I p-<<I _1-=400' ~ e . e Exhibi t "A" -p-a-ge--' "'SeJ LOCATION MAP MINOR SUBDIVISION STILLWATER, MINNESOTA FILE NO. _.....ARCHl'r2Cf5.PlAIfNm5 DRG. NO. 1 e' e e ,.. . e w ~, ....J < W Z '-" .... I I~ ~if- Q., CD c:i ~ ffi ~ C/) X w c3 :> a.: ~^= n; c:i . C\l .. ~ WALNUT REEK i>R. K; < 8" P.V.C. <: 8" D.l.P. I I - - - - - - - - - - - - - --- - - - - - - _. - I PARca -A- (NO SCALE)" PARCEL -S. .. PINES PARCEL -C. Exhibi t fA" Page 2 "'SEH DICINDRS. JlRCHIT2t:r5. PUWNEIIS SANITARY SEWER & WATERMAIN CONSTRUCTION MIN IVISION FILE NO. DRG. NO. 2 ~ e e , . e . ENGINEERS ESTIMATE KROGSTAD MINOR SUBDIVISION; STILLWATER, MINNESOTA L.I. 262 SEH FILE 90147 # DESCRIPTION SANITARY SEWER 1 8" PVC 2 MANHOLES 3 EXTRA DEPTH MH 4 41x8" WYES 5 4" PVC SERVICE 6 CONNECT TO EX. 7 TRENCH STAB. '''-", .... WATERMAIN ~ 12" DIP 9 6" DIP..:....-.. 10. HYDRANTS & GV 11 CONNECT TO EX. 12 CORP. 13 CURB STOP & BOX 14 COPPER 15 FITTINGS UNIT QUANT. L.F. EACH L.F. EACH L.F. EACH TON 360 2 7.8 3 30 1 90 TOTAL SANITARY SEWER, L.F. L.F. EACH EACH EACH EACH L.F. LBS. 360 20 1 1 3 3 60 190 TOTAL WATER MAIN RESTORATION & CLEARING 16 SEEDING ACRE 0.25 17 CLEAR & GRUB EACH 6 TOTAL RESTORATIO~ TOTAL EST. CONSTRUCTION 35% CONTING., ADMIN. ENG. AND LEGAL ESTIMATED PROJECT Exhibit "B" '. " e e t, e \, Exhibit "c" IRREVOCABLE LETTER OF CREDIT NO. TO: City of Stillwater Washington County, Minnesota .. We hereby issue an irrevocable stand-by Letter of Credit No. in favor of the City of Stillwater, Minnesota (the "City"), for the account of James C. Krogstad and Elaine Lueck Krogstad (the "Applicant"), which is available by negotiation of City's draft at sight on or before the 1st day of October, 1990, for 100% of statement value, up to an amount not to exceed Thirty Thousand One Hundred Twenty Dollars ($30,120.00), accompanied by a written statement, executed by the Mayor of the City or its designee, bearing the number of this Letter of Credit and stating that the amount of the City's draft covers the indebtedness of the Applicant to the City provided for in Section 3.02 of the "Development Agreement" by and between the City of Stillwater and the Applicant approved by the City on the day of , 1990, as amended. We hereby agree with the City that all drafts drawn under and in substantial compliance with the terms of this credit will be duly honored on presentation. This credit shall be construed in accordance with the laws of the State of Minnesota including, in particular, Minnesota Statutes, Sections 336.5-101 to 336.117 (Uniform Commercial Code, Article 5, Letters of Credit). By: Its 806-Pine Tree Trail Stillwater, MN 55082 April 28, 1990 e \) \. ~~~\} ~i Mr. David Magnuson 324 South Main Street Stillwater, MN 55082 e Dear Mr. Magnuson, The intent of this letter is to express to you and the members of Stillwater City Council my desire and request to have my property at 806 Pine Tree Trail continue to be in the Stillwater Township. I have recently been made aware of some of the changes anticipated with the sale of the Benson farm. While I realize change is inevitable, at this time the proposed plan presents considerable benefit to the owners of the Benson farm and the City and only negative consequences to me should all of the area be annexed into the city. As a senior citizen, living on a fixed income, the prospect of higher taxes and impending assessments presents serious concerns to me. I have been a lifelong resident of St,illwater, living on this specific property for nearly thirty years. I realize my property is a very small portion of the land considered for annexation however in view of the negative results I may have to accept should I be forced into the city, I do believe my concerns should be considered as well. I would appreciate a private meeting with you and appropriate members of the council to enlighten me on the status of this issue, and any options or alternatives there might be to help me address the negative consequences I am so very concerned about. Thank you for your consideration, I will look forward to hearing from you. Sincerely, ~ '?7J~~ e, ~.,C.L~ e cc Nile Kriesel -- , e WASHINGTON COUNTY BOARD OF COMMISSIONERS GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006 Office: 612/779-5401 FAX: 612/779.3900 Dennis C. Hegberg District 1 Russ Larkin District 2 Sally Evert District 3 Phillip R. McMullen District 4 Donald G. Scheel District 5/Chairman April 30, 1990 Wally Abrahamson, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Abrahamson: The Washington County Board of Commissioners approved an increase in the tipping fee at the Newport Resource Recovery plant effective August 1, 1990. The new fee will be $66.79 per ton and is expected to continue until January 1, 1992. The increased tipping fee should amount to about two dollars per month per household. e The long range goal of the Resource Recovery Project Board, as well as the Washington County Board, has been to reduce dependence on landfills and we are slowly achieving that goal albeit at some additional costs. I have attached some charts showing our progress in landfill reduction, as well as, comparisons with other Resource Recovery facilities and metropolitan landfills. If you desire additional information, you may call the Resource Recovery office, Washington County Public Health, or myself. Respectfully, ~~~ Donald G. Scheel County Board Chairman lIe Attachments cc: Dennis Hegberg Sally Evert Phill McMullen Russ Larkin Pat Story Mary Luth Charles Swanson e Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services, .......--~~ iI'- 6:t .... \%&J -9f: ~., ..#It.....u: ftf,.,#i oo~ SC'r.E.E.\..~ ~ b,\"1...~Q ~ i \ " "e;...\l ~ l 1'O~S'1'aot1SA.Nn a ~ ~ ~. ~ ~ ~ ~'(~~fl$r\l~~\O~ COU~i'{ \, .,' \ 0',., ,()\ "E' ~., a ~O' ~ ~-1"\ ~ ~ ~2" t\ C ~~ \\ ~a; .l \ ;.;~! ;\\ ~ r i\ ~-z.?. ~\ ' ~ CJ .\ ~ ~ ?>' ~~ ~ ~e- ~ ~~. ... ;"'9.. .,... 0; \..C""" ..:; oc:.- ~'P' cd6 ~' a ~o c.-~ S-r\ . ~e- - '\ . I ." . ./ " . ;. '~. ~ ~ ~ e 'ro .~ o ~ ~ tf1 o ,~ ~ ~ . ~ W~ ~ (j ~. o ~ .', ,.~. " ,'. " :-....:..' " ' , ' ' Ernst &Young e 1400 Pillsbury Center Minneapolis, Minnesota 55402 Telephone: (612) 343-1000 May 7, 1990 Mr. Wallace L, Abrahamson Mayor 216 No, 4th St, Stillwater, MN 55082 Dear Mr, Abrahamson: The purpose of this letter is to let you know of the changes to the Minnesota Local Gov~rnment Pay Equity Law passed by the Minnesota Legislature this last legislative seSSIOn, The changes put into effect clarify how your City defines equitable pay relationships; places new requirements on you for maintaining your pay equity plan now and in the future; and imposes financial penalties for noncompliance, Because I am concerned about how these changes may affect your City's implementation of pay equity I have outlined the primary changes and the actions you need to take to avoid financial penalties, e Pay Eouitv Relationshins: Under the new law, equitable pay relationships have been re- defined to mean that the compensation for female-dominated classes is not consistently below the compensation for male-dominated classes of comparable work value, This means that if you have been using a combined or all jobs pay line to determine if certain (e,g, female-dominated) jobs need to have pay equity adjustments, this "standard" no longer needs to be used. Instead, if you review a scattergram of pay relationships and find that female-dominated jobs fall consistently below the pay for male-dominated jobs with similar job evaluation results, you will need to adjust the pay for female-dominated jobs to a pay level which is at least comparable to that of the male-dominated classes, This new standard means that the pay of single female-dominated classes found to be of comparable work value to a male-dominated class will need to be adjusted upward even if this means that the resulting pay to the female-dominated class is higher than the pay of other classes that have higher value determined by the job evaluation system, It also means that if there are no male-dominated jobs of comparable value to the (lower paid) female-dominated classes these female dominated classes do not need to be adjusted, e New ReQ)1irements: The law requires that the job evaluation system you use to determine comparable work value must be maintained and updated to account for new job classes and any changes to jobs which could affect the comparable work value of existing job classes, You may change job evaluation systems if you wish, but this change must be reported to the State Commissioner of Employee Relations, This change means that you should review your job classes or a portion of them on a periodic basis to assure that the work being required has not changed, If there has been some change, you should re-evaluate the job(s} using your job evaluation system. If a change in the job evaluation is warranted, this will probably change the pay relationships between male and female-dominated classes, Ernst & Young I Mr . Wallace L, Abrahamsonl May 7, 1990 Page Two e Financial Penalties: By J uary 31, 1992, you will have to prepare and submit a new pay equity report to the State, his report will be reviewed by the Commissioner of Employee Relations to determine if y ur plan compiles with the new definition of equitable pay relationships, If the Commis ioner finds that you are not in compliance, a penalty equal to either a 5% loss of state aid r a fine of $100 per day, whichever is greater, will be assessed until you have reached com liance, The Commissioner may consider such exceptions as recruitment difficulties, ret ntion difficulties, recent arbitration awards or information showing a good faith effort to comply prior to imposing the financial penalty, If you disagree, you may appeal. There are other changes in the law that require arbitrators to consider the pay equity definition in interest arbitra ion involving all classes except balanced classes, In the case of balanced classes the arb trator shall also consider similar classes in other political subdivisions. These changes give you sligh ly less than two years to correct any pay inequities to female- dominated classes, The ne definition of equitable compensation relationships may give you greater flexibility to adju t salaries than previously, but it may also have other negative consequences. However, yoll should be aware that if you are now in, or preparing for, union negotiations that will ~xtend to the end of 1991 the time to correct pay inequities is now, e Although we cannot deter ine how the Commissioner of Employee Relations will ultimately judge if your Cit complies with law, our consultants have the experience of assisting over 160 organizat ons since the law was originally passed in 1984, Since that time, we have found that ur advice has become the standard by which negotiators, arbitrators and administrato s have judged pay equity implementation, If you believe the changes i the law will impact your City, and would need some help to determine what steps you ne d to take now to be ready for the reporting deadline of January 31, 1992, please give me or 0 e of our compensation consultants a call at 1-800-827-4575, or (612) 343-1000, Very truly yours, ERNST & YOUNG J~&J James C, Fox Partner, Public Sector Com nsation Consulting e e STILLWATER CHARTER COMMISSION MINUTES Apt~i I 25, 1990 Chairman, Jack Evert called the meeting to order at 7 PM. PRESENT: Tom Farrell, Cherie Berett, James McKinney, Scott Keller, Nancy Putz, Chairman Jack Evert OTHERS PRESENT: David Magnuson, City Attorney ABSENT: Tc,m Lammet~s, Don Ronning, John Tunnheim APPROVAL OF MINUTES Motion to approve the minutes of April 4, 1990, by Scott Keller, Seconded by Cherie Berett, subject to the following corrections: 1. John Tunnheim absent at the March 13, 1990 meeting. 2. Interested new members to be interviewed by Chairman Evert, Cherie Berett, and John Tunnheim. All in favor. Approved. ~8BQ_QIE!BIg!I~E 4It Members continued the review of the area maps and population data for the preliminary ward districting boundaries. Members discussed the status of the population data for the preliminary boundaries. The boundaries will be determined using the number of deliverable houses and 1980 maps and 1990 census, rather than actual populations. City Attc.rr,ey, Magr,usc.r" defir.eed "pc.pulatic.r." as the r.llmber clf people occupying a district and suggested a new map of the City to combine population data for use in future redistricting. Members agreed to make calculations and bring the resulting figures to the next meeting on May 10, 1990. ~~~_!:1~!:1~~BE Chairman Evert discussed the two applications received by: 1. Warren Pakulski 2. Laurie Maher Discussion followed on the interviewing process and the qualifications of the candidates. City Attorney, Magnuson will prepare the petition and obtain the necessary signature in order to present the petition to the District Judge for approval of the Commission selections. 4It Chairman Evert will set appointments to meet with the interested Charter Commission April 25, 1990 Page 2 candidates. Members agr ed to appoint Chairman Evert to make the decision on the qualific tion of the candidates. Motion to approve Chairm n Evert's selection, pending the interviews, was made by Councilmembe~ Farrell, seconded by Scott Keller. Unanimously approved. Motion commending Nancy 'utz for dedicated service to the Commission made by Scott Keller, se onded by Councilmember Farrell. QI~~B_~Y~!~~~~ I I , The next meeting, on Mayl 10, 1990, at 7:00 P.M., will entail the finalization of the Ward Boundaries and preparation of the ordinance to present to City Council in a workshop meeting. 8QJQYB~~~~I Motion to adjourn by To~ Farrell, seconded by Scott Keller, at 8 P.M. All in favor. I e e e e AGENVA CITY OF OAK PARK HEIGHTS MONVAY, MAY 14, 1990 -- 7:00 p, M, 1. Ca.ll to O!l..de.Jt II. Publie Hea.!l..ing~ 59th St./O~good Avenue Imp!l..ovement~ - Continued Jim CO!l..ey - St!l..eet/Alley Va.ea.tion Ja.ek K!l..onga.!l..d - Mino!l.. Subdivi~ion I I I . V i~ it 0 !l..~ IV. Old Bu~~ne~~ Boa.!l..d ob Review Finding~ Building In~peeto!l.. County - Veta.eh/Annex V. Review Minute~ - Ap!l..il 9th, 23!l..d, 24th & 26th VI. Vepa.!l..tmenta.l Repo!l..t~ Ke!l..n - Utilitie~ S eg 9 elk e - Pa.!l..k~ Voe!l..!l.. - St!l..eet~ O'Nea.l - Admini~t!l..a.tion Somme!l..beldt - Poliee e'II. VIII. IX. - New Bu~ine~~ Met!l..opolita.n Fede!l..a.l - Sign Reque~t M!l... Movie~ - Sign Reque~t Copy Ca.t P!l..inting - Sign Reque~t NSP Reque~t He!l..ita.ge Vevelopment Reque~t Cha.mbe!l.. 06 Comme!l..ee Reque~t SU!l..6a.ee Wa.te!l.. P!l..oblem - Beiging P!l..ope!l..ty Ea.gle'~ Lieen~e Renewa.l Bill~ P!l..e~ented 60!l.. App!l..ova.l & T!l..ea.~U!l..e!l..'~ Repo!l..t CO!l..!l..e~pondenee P!l..e~ented Lea.gue On MN Citie~ G!l..ea.t La.ke~ Building Sy~tem~ Met!l..opolita.n Couneil Sta.te Vept. 06 Publie Se!l..viee Ba.ypO!l..t Fi!l..e Vepa.!l..tment MN Vept 06 T!l..a.n~po!l..ta.tion F!l..e~hwa.te!l.. Founda.t~on Lea.gue 06 MN Citie~ Met!l..opolita.n Couneil MN Hou~ing Fina.nee Ageney Ja.me~ Gille~pie Stillwa.te!l.. Cha.mbe!l.. 06 Comme!l..ee " \:,.}<;j , ;\~ . ~'i ':\\ ~~~ Bev BY:WASHINGTON COUNTY 4-27-90 ;~':2SAM DON SCHEEL" :# 5 , ~--- e TIPPING FIE COMPONENTS J~'. za . Dec. 31 1987 (~Ull) '988 (ACtuIl) 1989 (Actual) 1990 (lIdllltlel) 1991 ceatfm.ted) .... ___..v~..__.__._ ----.-----...- ---.----...- ----_..--_.-.~-- ~.-.--.------. A. 1I.t SIINicII F.. 21." U,40 20.1>> (7 1IlOS.) 34.24 48,02 t~ IISP Lena1lll CCltS lO.l5e 10.05 10.46 " .67 8.86 em. dttl i_nd) I.andi H L SUMft~e 1.g 1.&S 5.32 7.66 4.7Z (t<<lO dolfwred) TOTAl R~T SERVICE FEE 34.33 38,10 44,87 51.S7:' 61,6Q " ..... 5X Reaerve 'D- '0- .0': 2.82 2.85 .."C. Project Coat .0- -0. .0- 2,86 2.34 34.33 38,1Q 44.87 59.25 66.19 COl.Ilty subs idy 6.66 6.03 1. 57'" '0' '0- Tlppi". P.. 27."'" 32,0&' 43.00' 56.el'" 65,00.... (weiGht.a .ver...) e 1090 1Q9G . 1991 27.1(( Jan' Jun' 34.48 Jan....r. $49,93 J~n'Julv'" s&ts.70 Aug.Dee...' 6 laOS, :5 1llClS, 7 me. 17 mol, " ~,48 "I,/H)e~' 47.89 Apr'JloIl' ~ , 6 1IlOS. " ~, · Sub$f~ for 3 monthl ~,:H tipping fee $N!rI!8I<<1, , ~* a"teI en ';WC) C~tI: Tons landfHtlld . tON dlllvlred. At t c.rttll:r figures OIIleel en tonl c.\1Vet'td. .... If UI'O. fUl"lded b'f' A-.cy/Wahi".t_ Colmer a_..., ~CV, "",co ~t $:'_ tJ..ftt~tOft c:ot.f\ty, Tu I.WV -- ASSWDtfons: o 324,000 Tons Mt\I Oe'ivered o 81,643 TQn& L~ftl~ (I .'8.72 SutehsrteslTues o .0- ~Nldlt f.,. V.l~ ..al.ll:t;on Cl 10M Fol'1l of Retl=lte Pl"OCeuf"IJ e .- " e . "all ,;: .., . 111 11'1 a::; " G'I r- .. , t t . . I I t'- ri "" .. ,.. .".. ~ . H ... M Of" ~i <<b- el) w w !fil .. 11'1 CI t; 0 ~w ~ 01 '" ... U'lra . . . . . . . I ~ ~ :g at \DtII &i '" .... ..In .. .. ... .. 411- ""* , -- ~ -- -- . . . . . . . ~>t ;>ot ~p.. >e>e . . . . . . .. uu t.J QU ~u 0 8a t'Q ON CO 01 \0 0'0 CO ;; NN ~ W'0 -- I h d..j 10 e4 t'N f'4 ,...... ,... '0.... ,.. ~r-- e ' , . . . . . .... :: a:t IDCI:l ~~ f"f 00- ~ti')r E 0 ~ ; vij ... M 'el) III 1tl 'D tit '" f" .. .. . . . . .... r1 lQ '" n i, U ;:. .. ... t;l ,., ~ ",. 0- I i~ CD ~ M . . n V) rf W .... f/) .. ...... ~ ~, ii I r-f 80' - .,..,.... ...... :i0' I 0 ~~ 1""10 cJ\ !;I~ J~ 'I"(~ .....CI\ 'Pl(J\ m JP"f~ J: )~ ;j -- .. .~ g )~ n 'Sri s .-1,", ~~ d II :;j~ ~I I ~.... i~ ]~ ~ S1 ! ri~ e ~. zed vvt~ 0liS9 I 219 : ON 131 1 I JNlX) Nl::llt '"lO:IClI13W : at vi! : ~1 :nJ. lil& . -L t ~ ~ ~_'L'I""U . 11; ;j1.ljl.M · i , o . ~ i~ \\ t~ . .- ~"" -.,>" ~ 0 · o gi'" . .4'\ t1.Q.,;,. \ a - \c~ S~~~~S~lNGI0~ COUN1Y '. \"; i 00 ~~ ~.5 i\ \, r .\~ fa i . a 8 . l~ p, i ~l 'cu v._ t'Q.i r\ ~S c; a ,; ~; ! ~ ~~ 1..4 ~ , \i "i\ r \ all~ e., t:0d ',;7t1'ttt r" (' v\J1'l ~....l'\~-" i &0 l't f" \ .~ 5M 'A . " 0 . ~ ~ ~ ~ . i 8' . \8 \, fo* ii i ~ ~~ . . . . . . ~~ j. a il (/10 qp foe ~ ~t ~ ~ '1 ~i ; of> 0 ; .... '~ . ~ t"\ . ...... l~ , \ c \ ~, 0\ . ...... " 1 tt \ \ ~\ .. ~. 1\ i \ \ ~ ~ "" o o . ,~ "Ph .'. . ..... l"'\ ~s ~ ~; ~?:.. !.. r \\ \\ p.- )-\~ r;Jii/i8 't~ 'Z.~9 ~ Ot-I -el. ., ~9 16t ~1.g;~ \a.I. "'\t~ .,00 ';71Tl~ -..---.------ -- . . - . , '.. 't. j, · rn~~'~ rJf1 I Lumberyard Shops . - .1- lv1arine on St. Croix, IvIinnesota 55047 U ,S.8., 612-433-5744 Fax: 612-433-5012 April 23.. 1990 C1 tld tvlanager I ern Ijoi ng a study of h'e 11 copter regul aU ens in the rnetrope lltan area. I v./ould apprecl;5te your sending me copies of any ordinances v'lhich "Nould regulate Uie overflying of your community by helicopters or the lan,jing either on pri '.,'ate property, park property or ottler pub 11 c property. A stamped self a,jljressed envelope is enclosed. Vour help in Ulis v10uld be much appreciated. If there are no m-dinances or regulations we ''Noullj e appreciate Hlis informatftm also. e \ e MEMORANDUM TO: ~r. Nile Kriesel], City Coordinator Mr. Wally Abrahar' son, Mayor Stillwater City ouncilmembers FR: David T. Magnuson, City Attorney DT: May 8, 19~O RE: ~ity Regulation of 'Helicopter Landings Minn. Stat. ~ 310.01 provides that when valid rules of the Commissioner of Tran portation and regulations of a municipality are inconsistent, th rules of the Commissioner shall control and the rules and regula ions of the municipality are void insofar as they are inconsisten with the rules of the Commissioner. I I Any landing of a heli'copter in the City of Stillwater would be in an unlicensed landin area and therefore, subject to the rules adopted by the Commi,sioner as 8800-2300. The rules for an unlicensed landing atea provide that: 1. The aircraft shtUld not be stored on a regular basis, 4It 2. The landing aref shall be of sufficient length and width and free from constructi ns and the surface in a suitable condition to permit the safe 0 eration of the aircraft, 3. The aircraft ow landowner to use the the ermission of the 4. The landing and operating area shall in no way endanger persons or property. It appears to me tha consistent with thes restrictions would b public. the City could adopt regulations that are rules with findings that certain necessary to protect the safety of the In order to make th se regulations enforceable, however, the City should have an ordi ance that embodies the restrictions and perhaps provides fo a permitting process and penalties for operating in violat'on of the ordinance. Please let me know 'f there is anything further. David T. Magnuson City Attorney 4It DTM:kn