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HomeMy WebLinkAbout1991-12-17 CC Packet - AGENDA STILLWATER CITY COUNCIL December 17, 1991 SPECIAL MEETING 4:30 P.M. 1. Jim Junker, Junker Sanitation, - Contract Negotiations for Solid Waste Removal REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL 7:00 P.M. APPROVAL OF MINUTES - Special Meeting - November 26, 1991. Regular & Recessed Meetings - December 3, 1991. Special Meeting - December 4, 1991 e INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS UNFINISHED BUSINESS 1. Review Condition of Approval requiring Property Owner's Consent for Special Use Permit, Case No. SUP/91-55, Richard Sowers, Applicant. 2. Discussion - Designation of Legal Newspaper. 3. Discussion - Possible Approval of Liquor License Application for Stillwater River Inn dba Popeye's. 4. Discussion - Possible Approval of Liquor License Application for Hidden Valley Lounge. 5. Possible first reading of Ordinances to Require Residence of Commission Members. 6. Tower Asphalt - Final Payment for L.I. 234. NEW BUSINESS 1. Request by Downtown Plan Action Committee for workshop to discuss next phase of Plan Implementation. 2. Request for Resubdivision of two lots by adding 1.49 ft. to one lot and subtracting 1.49 ft. from the other at 229-243 So. Main St., Bob McGarry, Applicant. Case No. SUB/91-63. e 3. Request by Washington County to restrict parking on the south side of 62nd Street and east side of Oxboro Ave. adjacent to County Government Center. 1 4. Request for Assessment Reapportionment, Curvecrest Properties. 5. Change Order No. 11, Johnson Bros. Corp. - Downtown Construction. e PETITIONS, INDIVIDUALS.& DELEGATIONS (Continued) CONSENT AGENDA I 1. Resolution Directi~g Payment of Bills (Resolution No. 91-238) I 2. 3. Applications (List Ito be supplied at meeting). Submission of the ~ollowing Claims: a. Grand Garage, ~24 So. Main St. - Damage from Downtown Construction. b. Pat Hering, in~uries from fall on Third & Myrtle Streets. c. Michael Holder~ach, 2639 Skyview Ct. - Damage to Mailbox. d. Lillian Wolters - Claim from injuries resulting from fall on City s i de~Ja 1 k . I I I Set Public Hearin9J'~ate of J~n: 7, 1992 for the following Pla~n~n~ Cases: a. Case No. SUB/911b1 - Prelllnlnay Plat Approval for the subdlvlslon of a 1.33 acre site ~nto '3 lots of 17,860 sq. ft., 20,473 sq. ft. & 15,681 sq. ft. located Inortl1 of ~4. Orleans St., behind 1251 W. Orleans, between Greeley St. and the Highlands of Stillwater in the RA, Single-Family R~sidential Dist., Scott R. Grover, Applicant. b. Case No. V /SUP / 1-62 - Vari ance & Speci a 1 Use Permi t to conduct a four bedroom Bed & B eakfast at 622 W. Churchill St. and to conduct a one-bedroom Bed 1& Breakfast at 807 So. Harriet St., in the RB, Two-Family Residential Dist., Truett & Jill Lawson, Applicants. e 4. COUNCIL REQUEST ITEMS STAFF REPORTS (Continu~d) COMMUNICATIONS/REQUESTS 1. Chuck Swanson, waSh1ington Co. - 1992-96 County Capital Improvement Plan. 2. Joseph C. Gibson, DINR - Possible Funding for Levee Wall. 3. Corps of Engineers Iletter to Rep. Gerry Sikorski regarding Levee Wall Funding. I I 4. Gov't. Finance Officers Ass'n. - Certificate of Achievement for Excellence for Annual Financia~ Report. 5. NSP - Application ~o Minn. Public Utilities Comm. to expand temporary storage of used fueil at Prai ri e I sl and Power Pl ant. I QUESTIONS/COMMENTS FROMI NEWS MEDIA ADJOURNMENT I e 2 AGREEMENT THIS AGREEMENT, made this day of , 199_, by and between Junker Sanitation, Inc., "Contractor," and the City of Stillwater, a municipal corporation, of the County of Washington, State of Minnesota, "City;" WITNESSETH: 1. RESIDENTIAL REMOVAL Contractor shall provide for the removal of garbage and rubbish from all residential dwellings in the City of Stillwater. Single family residences shall constitute one unit and each unit of multiple dwellings will, for the purpose of this agreement, constitute an individual dwelling unit. 2. DEFINITIONS The terms and phrases used in the contract shall have the meaning given to the terms in the Solid Waste Management Plan as approved by the City Council on December 3, 1991. 3. BILLING The Contractor will receive compensation monthly directly from the City, based on the City's records relative to occupancy of residential dwellings. The City shall be responsible for billing and collecting charges from the one and two family residential dwellings. The Contractor shall be responsible for billing and collecting all other multi-family units. However, the City agrees to certify for collections with the real estate taxes all billings that remain unpaid for a period of 90 days or more upon proof by the Contractor that the billings are unpaid. Funds received by the City as part of a tax settlement shall be remitted to the Contractor within 30 days of receipt. 4. DISPOSITION OF SOLID WASTE The Contractor shall dispose of the solid waste as it deems advisable, but in compliance with City, County, State and Federal laws and rules. The Contractor shall, upon the request of the City, advise the City in writing of the place and method of disposal and of any changes in the place or method. e 5. WEEKLY PICKUP AND DAILY SERVICE HOURS The Contractor shall make a curbside pick-up at all residential units in the City at least once a week during the term of this agreement. All solid waste from each dwelling, including yard waste and other material shall be collected on the same day. Daily service hours shall not begin prior to 6:00 a.m. nor continue past 10:00 p.m.. 6. AGED AND HANDICAPPED The Contractor shall not require that aged or handicapped residents make available their solid waste at curbside and shall make arrangements with each such resident to accommodate their solid waste collection. 7. UNLIMITED QUANTITY e The pick-up shall be unlimited in quantity and shall include garbage and rubbish accumulated in the ordinary operation of a household and also including grass trimmings, leaves, ashes, tree branches and bundled brush not to exceed four feet in length, -appliances, furniture, doors, windows, and only construction material from handywork performed by a resident on his own home. The preceding list of items shall not be considered inclusive, but rather, as an indication of the type of solid waste to be picked up by the Contractor. 8. EXCLUSIONS The following items shall not be the obligation of the Contractor to collect: rocks, sod, dirt and construction material accumulated from substantial work performed on a dwelling by a general contractor or a substantial remodeling done by the homeowner. 9. CONTAINERS All containers required by the City Solid Waste Collection System and this contract shall be provided by the Contractor after approval by the City. 10. VOLUME BASED SYSTEM e The Contractor shall furnish containers for household solid waste in 30, 60 and 90 gallon sizes, and containers for recycling. The City agrees to require by ordinance that each unit have at least a 30 gallon container. e Multi-family residences of three or more units shall pay the mandatory rate for 30 gallon containers unless a different rate is negotiated between the Contractor and the residence. In the event a residence desires collection of more than 30 gallons of household waste per week, it shall purchase stickers from the City for the cost of $2.00 per sticker that shall entitle the residence to an additional 30 gallon bag of waste. No bag shall be collected unless a sticker is attached to it. In the alternative, a residence may request a 60 or 90 gallon container, and after approval by the City Clerk, the Contractor shall make either a 60 or 90 gallon container available to a residence. However, the Contractor shall not be obligated to change container size at intervals of less than 6 months. The Contractor fee for collection per month shall be as follows: e 30 Gallon Container 60 Gallon Container 90 Gallon Container 30 Gallon Bag Sticker Recycling Container SENIOR CITIZEN 30 Gallon Container $13.75 $17.75 $19.75 $2.00 Per Sticker No Charge $12.00 If a 30 gallon bag has no sticker, the Contractor shall leave it behind. However, the Contractor is required to pick up unlimited yard waste that is properly bagged or containered and all white goods at no additional charge. 11. DATA RETENTION The Contractor shall compile and retain solid waste data and report this data to the City of a form furnished by the City at least once very 3 months. In addition, the Contractor shall furnish the City copies of solid waste reports that are submitted to Washington County. Failure of the Contractor to furnish this data within 10 days of it being due shall entitle the City to withhold any payments due the Contractor until the data is received. 1 2. COOPERATION e The Contractor agrees to meet and cooperate with the City Council and the Solid Waste Advisory Committee when requested by the City and to study and evaluate the waste collection system in order that the goals of the Solid Waste Management Plan of the City be realized, and if necessary, based upon regulatory changes and technological advances, be modified. Further, the Contractor agrees to cooperate in the development and distribution of educational material to help improve solid waste generation and disposal attitudes and habits. 13. COMPLAINTS The Contractor shall establish and maintain an office with continuous supervision, for accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except holidays and as specified in the contract. Address and telephone number of such office and any changes shall be given to the City in writing. Whenever the City or a resident notifies the Contractor of a location which has not received scheduled service, the Contractor is required to serve such location no later than the following working day from the time of complaint. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. 14. DISPUTE RESOLUTION The Contractor shall in good faith attempt to settle any dispute arising with residents. In the event the parties cannot resolve a dispute, the matter shall be submitted to a dispute resolution committee, hereinafter called "DRC". The purpose of the DRC shall be to resolve any dispute between the Contractor and a resident, as expeditiously as possible. The DRC shall consist of three members, the City and Contractor shall each appoint one member, these two members after consultation with the party who appointed them, shall together select the third member. The DRC shall be appointed only in the event a controversy arises, and upon 30 days written notice by the City or Contractor. All procedures for the DRC shall be informal. In the event the DRC is unable to reach a resolution of a dispute within 2 months of submittal, the parties agree to allow the City Council to arbitrate the dispute. 15. CITY SOLID WASTE In addition to residential service, the Contractor shall pick up without additional charge, such trash as is the responsibility of the City, or which is accumulated by the City, or for the City. An example of this would be street cans and park barrels. e 16. EQUIPMENT The Contractor shall provide adequate equipment for the collection of garbage and rubbish and the equipment shall be of a design and construction specifically manufactured for garbage and rubbish hauling. Upon request from the City, Contractor shall provide a written description of the vehicles and equipment to be used within the City, and the Contractor shall make such vehicles and equipment available for inspection from time to time as the City may require. 17. OTHER LAWS 18. e 1 9. e The Contractor shall comply with all City, County, State and Federal laws and rules. SCHEDULES The Contractor shall furnish the City a written schedule of the area in which pick-ups will be made each day of the week and shall advise the City Council in writing of any changes in the schedule at least fifteen (15) days prior to making the changes. Notice of any changes shall also be published, at the expense of the Contractor, at least once, in a newspaper of general circulation in the City, during the week before the change. However, the Contractor shall be excused from this performance because of severe weather that makes performance impossible. CHANGE IN COLLECTION SCHEDULE The Contractor may request a change in the day of pick- up by requesting such change in writing to the City at least twenty-one (21) days from the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the City and fourteen (14) day notice to the residents. The Contractor shall not be required to make regular collections on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day; provided, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Coordinator, and the week's schedule shall be completed regardless of the holiday. It shall be the Contractor's responsibility to notify residents of any changes in the collection schedule as a result of said holidays. e 20. 21 . e 22. 23. e The Contractor may also request a change in the route schedules by requesting such change in writing to the City at least thirty (30) days from the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the City. EMPLOYEES The Contractor agrees to pay all necessary Federal Social Security taxes and all State and Federal taxes required 'by law, and at its own expense will cover all employees with Workers' Compensation Insurance as provided by law. Contractor further agrees to comply with all laws of the State of Minnesota and the United States regarding the employment of persons. INSURANCE Contractor shall also carry Automobile Liability Insurance, Public Liability Insurance and Property Damage Insurance, all with Combined Single Limits of $1,000,00 and shall deliver a Certificate of Insurance regarding the required policies to the City that names the City as an Additional Insured "as their interests may appear." INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, liabilities, losses, damages, costs, expenses including reasonable attorney's fees, suits, demands and judgments of any nature, because of bodily injury to, or death of, any person or persons, and/or because of damages to property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on any such matters, and to pay and satisfy any judgment entered thereon together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this contract. BOND Contractor shall furnish a performance bond as required by law in the amount of $2,500.00 which will be delivered to the City to secure the faithful performance of this contract. However in the event the Contractor proposes to assign or transfer this contract, the City reserves the right to increase this amount as a condition of approval. 24. NEGOTIATED PRICE - TERMINATION BY CONTRACTOR The contract price shall be subject to negotiations upon each one year interval during the regular term and any extension or renewal thereof, subject to the condition that in the event the Contractor and the City are unable to arrive at a satisfactory agreement relative to an increase or decrease in the amount of the contract, the Contractor may be relieved of his responsibilities under this contract, upon one hundred eighty (180) days written notice to the City of his intention to terminate the same, provided that such notice must be given no later than one hundred eighty (180) days after the completion of each one year interval of the contract. 25. TERMINATION BY CITY The City may at any time, terminate the contract for a breach of the terms by the Contractor or for unsatisfactory performance. The City shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for a breach shall not be deemed a waiver of the right to terminate for future violations of for future unsatisfactory performance. 26. 24-HOUR NOTICE In the event that the Contractor shall fail to make a garbage pick-up at any residence as required by this contract, it shall do so within twenty-four (24) hours after notification from the City of the address where the pick-up was not made. The Contractor shall also respond promptly upon request by the City to clean up any spills or loose solid waste that results from its operation. 27. REASONABLE REGULATIONS The City reserves the right to make additional reasonable regulations regarding the performance of the Contractor after consultation with the Contractor. 28. CURBSIDE RULES The City agrees to enact and to continue in effect reasonable regulations obligating its citizens to make the solid waste reasonably accessible to the Contractor on the day of collection. e e 29. TRANSFER OR SALE OF CONTRACT The Contractor will not make or create, or suffer to be made or created, any total or partial sales, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City, which approval will not be unreasonably withheld. The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and The transfer does not create an antitrust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Stillwater; and e Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors assigns, and expressly assumed all of the obligations of service under this agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this section, together with other provisions of this agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this agreement) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this agreement; and e There shall be submitted to the City for review all instruments and other legal documents involved in affecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies and any and all other documents required by this agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. It e e 30. GUARANTY OF NONDISCRIMINATION The Contractor agrees that during the life of the contract, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry or sex and will include a similar provision in all subcontracts entered into for the performance thereof. The contract may be cancelled or terminated by the City and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes Subsection 181.59. 31. EXPIRATION This agreement shall be in full force and effect from and after July 1, 1992 until IN WITNESS WHEREOF, We have hereunto set our hands the day and year first above written. JUNKER SANITATION, INC.: By By CITY OF STILLWATER: By Its Mayor By Its Clerk STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) and Inc. The foregoing instrument was acknowledged before me this day of , 199__, by , on behalf of Junker Sanitation, e e " . NOTARY PUBLIC STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 199__, by Mayor, and , Clerk, on behalf of the City of Stillwater. NOTARY PUBLIC 11 JUvJ!/vJJL ~ 2 0 G () '=to i :3 ,7 s: 17 \ 1 5 t9,{ ~ ' To-C..(J 5"~ 17../00 e D~~~ S"~~ Uev%) J 7/0 - <gS6 h h 12:J./J.fOO M ...u....Ut 0 oC/70) I y- 0/0 - 70 0 h ~1 Rur-~ ('!Jo~J .A 8'/0 - 1380h ~ I \ ( ita ~) J.... 8' '! (j - I 3 g 0 il ~ I , (;]0%) I 3 fo - Co q 0 h ~ ~~ \~~ 5 -<Vvv~ L'15';,) /3% .~ Gilo h ~ (r:~ I 1l.2 0 M --cJ..:t:. (7 S C;o) I 0 /0 ~ S";;;. 5 ~, h ~ (lfo%) 3/510 - I 531 h t\ ( f C if 0%) .3 I % - J 53 <"f h h l I (;;0 ~J I::; C;~ - 7 (p 7 k h ~~~L /3 % - G 'fo h\, 9:J,11&0 IOICl - 52 S \1['1 3 8/0 - L 9 I g k h 3/ 0/6 -1 53 '-f t1 h g 010 ~ 3g-3 h~ ~~ ~~A./~ /3 '10 - ~ If t) ;rd1 or Jr/(l/ 0 / (/-(0 - 525 ~l, ).30;0 .... I J 5'0 0t1 3(jCYo - lCflt ~h ! Sc(o - 7 (p? Irt h ~O fu~ i /5,>00 J.~7l00 I ;),93, q I..f"O f(P353o , ~o~ ~ '" \ t.? 1-.s :J-53, II 0 32(P,7Lf:f.., I SI{17'1 . ~ e . 5~e,.vv~""V(..; (75%) vYLu...tt(. ( 75%.) ~ lfo%) C '-/0%) Q~%) 9'( ~ "Z-5 3/&.tLf7o j)~/7lf~ qo ( 77/ @ I ( ,( , S'.Q/v~ (75%) if\ll ~ l7 fielc) ~ (3(1%) I ( ( 5"1.")717) II (20::(0) p~( 61-5 IgV( 7$0 LfD81S3t.f e e SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES November 26, 1991 7:00 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim, and Mayor Abrahamson Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Recording Secretary Schaubach Press: Julie Kink, The Courier Mike Marsnik, st. Croix Valley Press others: Ethel Larson, Karl Ranum, Carol Ryden e CONSULTING ENGINEER'S REPORT AND RECOMMENDATIONS REGARDING JOHNSON BROTHERS REQUEST FOR A TIME EXTENSION AND COMPLETION OF THE DOWNTOWN CONSTRUCTION PROJECT Consulting Engineer Moore reported to Council on the percentage of the project completed at this time and reviewed a schedule for completion of the items remaining. The contractor is requesting an extension of 71 days; Mr. Moore reported that he felt an extension of 62 days would be justified. He also suggested that the contract be changed to reflect the number of working days allowed rather than a completion date, because the start up date will depend upon when road restrictions are lifted in the spring. Mr. Moore also reported that the contractor has responsibility for any construction-related problems which occur over the winter, and this should be included in the change order. Mayor Abrahamson invited comments from the audience. Carol Ryden, representing the Downtown Merchants, stated that the contractor's request was submitted too late, and cannot be allowed. City Attorney Magnuson stated that he feels the contractor's request appears reasonable. e Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve a time extension of 60 working days for completion of the downtown construction project, beginning on the date the road weight restrictions are lifted. (All in favor) 1 stillwater City Council Minutes Special Meeting November 26, 1991 e OTHER BUSINESS Employment of Part-time Zamboni Driver - Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution employing Casey Cartier as part-time Zamboni driver at a rate of $5.30 per hour and as part- time skate guard for $4.50 per hour. (Resolution No. 91-232) Ayes - Councilmemb~rs Bodlovick, Farrell, Funke, Opheim, and Mayor Abrah~mson Nays - None ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Funke to adjourn the meeting at 6:10 p.m. (All in favor) I MAYOR 4It ATTEST: CITY bLERK I Resolutions: No. 91-232 - EmPlo~ing Casey Cartier as part-time zamboni driver and rkate guard e .... , 'f . ' .- e e e REGULAR MEETING STILLWATER CITY COUNCIL MINUTES December 3, 1991 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at 5:00 P.M.) and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Peters Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Mawhorter Fire Chief Seim Building Official Zepper Library Director Bertalmio City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: None STAFF REPORTS 1. Finance Director - No report. 2. Police Chief - Parking Enforcement Officer Motion by Councilmember Bodlovick, seconded by Councilmember Farrell appoi nting Mayor Abrahamson and Council member Funke and two members of the Parking Task Force Committee to serve on the committee to interview candidates for the Parking Enforcement Officer position. (All in favor). Washington Co. Narcotics Task Fork Chief Mawhorter announced that they had received a check from Washington Co. Narcotics Task Force in the amount of $1,787.00. 3. Public Works Director - Downtown Construction "Punch" List Mr. Junker will review'the llst and it will be discussed at a later time. Downtown Christmas Decorations Mr. Junker explained the Public Works Dept. had been asked to assist in setting up the Christmas decorations in the Downtown area. He stated they 1 r .. _ , Stillwater City Council Minutes December 3, 1991 Regular Meeting -. - will help in this project as well as the Downtown will allow under the current construction circumstances. Streetlights at Third & Myrtle Streets Mr. Junker explained the problems with the lighting at this intersection and suggested installing temporary lighting. It was stated that the Lowell Inn will install overhead lighting. Discussion of Snow Aence near Triangle Park A letter was received from Sally Zoller. 615 So. Broadway St., regarding the erection of a s~ow fence near the park to prevent sliding activities. Parks Supervisor Thdmsen explained this was placed to protect sliders from a stump in their path and the close proximity of a skating rink. A letter will be sent to Ms. Zoller explaining why the fence was erected. 4. Community Development Director - Request for Extension of Platting time for Subdivision by Croixdel, Inc. Motion by Councilmember Funke, seconded by Councilmernber Bodlovick to extend the time limit to July 1, 1992 for platting the subdivision requested by Croixdel, Inc., Tim Nolde, applicant. (All in favor). Discussion of Valet Service in Downtown Area Lon Feia was present to explain his plan for a valet parking service for e the Downtown area. This would be a trial program until June 1, 1992. Motion by Councilmember ~odlovick, seconded by Councilmember Farrell to approve a Valet Parking lservice in the Downtown area on a trial basis for six months until June 1, 1992. (All in favor). 5. to adopt Zeuli dnd Keith Hulbert as Ayes - Council members Bopl ovi ck, Farrell, Funke, and Mayor Abrahamson. Nays - None Discussion of New Ye~r's Eve Fireworks Chief Seim reported that the Freighthouse would like to sponsor fireworks on New Years Eve. Dliscussion followed regarding obtaining permission from St. Joseph's Townshi~ and provision of insurance. Chief Seim will research these issues. (Councilmember OPheir arrived at 5:00 P.M.) 2 e It . . Stillwater City Council Minutes December 3, 1991 Regular Meeting 6. Building Official - Mr. Zepper distributed the monthly report and discussion followed regarding the need for an extra Building Inspector. It was agreed that Mr. Zepper will negotiate with other cities for this help with a formal agreement to be drafted. Further discussion followed regarding the status of the old duplex on the northeast corner of Thi rd & Myrtl e Streets. Mr. Zepper wi 11 inspect the house to make sure they are complying with code. 7. Consulting Engineer - No report. 8. City Attorney - No report. 9. City Clerk - Reappointment of Members of Boards & Commissions for 1992 Motion by Councilmember Bodlovick, seconded by CouncilmemDer Funke to reappoint the following members of various City boards and commissions whose terms are expiring at the end of 1991: All in favor. Planning Commission (Term expires 12/31/94) Darwin G. Wald. Robert Hamlin Park & Recreation Commission (Term expires Michael Polehna. Tom Lillesve Douglas E. Hartman 1/1/94) David G. Junker Robert McGarry, III Ken Meister Port Authority (Term expires 12/31/94) R. J. (Barrett) Colombo Earl L. Olson Heritage Preservation Commission Robert Kimbrel (Term expires 12/31/94) Shawn Draper (Term expires 12/31/93) Joint Cable Communications Commission (Term expires 1/31/92) Councilmember Anne Bodlovick Discussion of Designation of Legal Newspaper Council will discuss this item at the December 17 meeting. Consent Agenda - Discussion of Liquor License Applications 3 , . .. Stillwater City Council Minutes December 3, 1991 Regular Meeting t City Clerk Johns~n reported that correspondence had been received regarding two On+Sale Liquor License applications -- Hidden Valley Lounge and Popeye's. CQuncil decided to discuss these applications at the next meeting. Moti on by Council mem~er Ophei m, seconded by Council member Funke to remove two liquor license appli~ations from the Consent Agenda, to be discussed further at the next meeting.. (All in favor). 10. City Coordinatorl- Award of Bid for Fire Dept. Ventilation System Motion y CounCl mem~er Fun e, seconded by Councilmember Farrell to adopt the appropriate resolution awarding the bid for the construction of a ventilation system at the Stillwater Fire Dept. to Schwantes Heating & Air Conditioning. (Resolution No. 91-234) I Ayes - Council member$ Bodl ovi ck , Farrell, Funke, Ophei m and Mayor Abrahamson. Nays - None Purchase of Copi~r for Library Motion by Councl mem er Funke, seconded by Councilmember Farrell to approve the purchase of a ph tocopier for the Stillwater Public Library in trle amount . of $3,690. (All in favor). . Discussion of Pu~chase of Copier for Fire Dept. City Coordinator.Kriesel reported that a used copier is available for City purchase for thelFire Dept. in the approximate amount of $700 from Councilmember Ga~IY Funke. City Attorney Magnuson stated this issue should be researched to make sure the City is abiding by state regulations. Council agreed to purchase the copier contingent on Mr. Magnuson1s research. 11. City Attorney - Discussion of Bi 1 Received from Professional Development Group, Inc. Councl dlscusse the 1 presente or payment ana decl e to 0 ow the contract and pay the original amount of $4600. RECESS i Motion by Councilmemqer Bodlovick, seconded by Councilmember Funke to recess the meeting at 5:20 R.M. (All in favor). 4 t . . Stillwater City Council Minutes December 3, 1991 Regular Meeting MAYOR ATTEST: CITY CLERK Resolutions: No. 91-233 - Employment of Volunteer Firefighters. No. 91-234 - Awarding Bid for Fire Dept. Ventilation System to Schwantes Htg. 5 e RECESSED MEETING STILLWATER CITY COUNCIL MINUTES December 3, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Comm. Dev. Director Russell Planning Comm. Chair Fontaine City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Rick Sowers & family, Heidi Rosebud, Richard Olsen, Andy Klund, Bob Briggs, Richard Huelsman, James Anderson. e APPROVAL OF MINUTES Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the minutes of the Special Meeting of Nov. 12, 1991 and Regular Meeting of Nov. 19, 1991 as presented. (All in favor). PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Special Use Permit to maintain a cougar (undomesticated animal) on a residential property within the City of Stillwater, located at 1251 W. Orleans St. in the RA, Single-Family Residential Dist., Case No. Sup/91-55. Richard Sowers, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell explained that the Special Use Permit is to maintain a cougar (undomesticated animal) on a residential property in the City. Mr. Russell stated Mr. Sowers has submitted all the information necessary for consideration of the permit except tne letter of permission from the property owner and suggested the hearing be tabled until December 17 with submission of the letter. James Anderson, representing Mr. Sowers, stated that Mr. Sowers was under the impression that he was promised by the property owners that the letter will be presented and that he has to present certain financial requirements before he will receive permission. He wanted to know if he will receive the permit if all conditions are satisfied. e 1 Stillwater City Council Minutes I December 3, 1991 ! Recessed Meeting e Mr. Fontaine stated the Planning Commission approved the permit with a 6 - 2 vo te . Mr. Anderson continued the discussion by addressing the conditions of approval and that Mr. Sowers had made an offer of $1,000 to the property owner. Further discussion followed on whether the cougar shall be allowed to walk the streets *ith approval of the Councilor authorized representative. ThelCouncil stated that approval should rest with the Council. Also, a letter was introduced from Michael W. DonCarlos, Curator at the Minnesota Zooistating that a cougar on a leash represents a public safety hazard. A woman, living on Linson Circle, stated she has observed the cougar and asked why, after the cougar has been in town for two years, this issue is being brought up now. Council stated the City had received complaints regarding the animal and people are concerned for public safety. Andy Klund, 811 So. Martha St., stated the Council and many other people are going on what a few people are saying -- that only a few complaints have been received amd the cat hasn't hurt anyone. I Rick Sowers, 1251 W.IOrleans St., stated the cat needs exercise, he e doesn't scare people and you can't compare his cat to a zoo cat.. Mayor Abrahamson quoted Mr, Sower's friend in New York by saying that the cat should not be walkedlin public and he knew there would be conditions of confinement. Furthelj' discussion followed on Condition #2, walking the cat in public. Mayor Ab~ahamson closed the public hearing. Further Council discussion followed on the conditions and Mr. Russell suggested that writt~n permission from the property owner be received by December 17. I Mayor Abrahamson questioned the insurance and whether it covers any incidents out of Mr. I Sowers yard and whether the property owner would also have to obtain insur~nce. City Attorney Magnuson stated the landlord is covered under the prlsent policy and Mr. Anderson stated the insurance covers incidents off the premises. Mr. Anderson will provide the City with a copy of the p licy stating this condition. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a Special Use Permit to maintain a cougar (undomesticated animal) on a residential property with;;in the City of Stillwater, located at 1251 W. Orleans St. in the RA, Single-Far ily Residential Dist., as conditioned, and further, that written permissionf the property owners shall be submitted to the City I ! 2 e . . Stillwater City Council Minutes December 3, 1991 Recessed Meeting by December 17, 1991, Case No. Sup/91-55, Richard Sowers, Applicant. (Ayes- 3; Nays - 2, Councilmember Bodlovick and Mayor Abrahamson). 2. This is the day and time for the Public Hearing to consider a continuation of a Variance to the sideyard setback requirements for construction of a garage on a corner lot (30 ft. required, 17 ft. requested) & to the size requirements for an accessory structure (1,000 ft. required, 1,008 ft. proposed) at 317 No. Owens St. in the RB; Two-Family Residential Dist., Case No. V/91-51. Donald Hill, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated the request is to construct an oversize garage with a setback requirement. Mr. Fontaine stated tile Planning Commission denied this request because they felt Mr. Hill had some other options and doesn't have a hardshi p. Mr. Hi 11 was not present at the meeti ng. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to deny a Variance to the sideyard setback requirements for construction of a garage on a corner lot (30 ft. required, 17 ft. requested) & to the size requirements for an accessory structure (1,000 ft. required, 1,008 ft. proposed) at 317 No. OVJens St. in the RB, Two-Family Residential Dist., Case No. V/91-51. Donald Hill, Applicant. (All in favor). 3. This is the day and time for the Public Hearing to consider a continuation of two Variances for the placement of a pylon sign & a free-standing sign at 110 So. Greeley St., located in the RB, Two-Family Residential Dist., Case No. V/91-50 & V/91-53. Melissa Johnson & Heidi Rosebud, Applicants. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated this is a request for a free-standing pylon sign which the Planning Commission suggested that the applicant redesign. The present proposal is that all existing signs would be removed with the placement of two 49 sq. ft. internally illuminated signs placed on the roof -- one on the Greeley St. side of the building and the other on the Myrtle St. side of the building. All signage would be contained on the wall sign with no additional signage on the building. The Planning Commission approved the proposal, stated Mr. Fontaine. Heidi Rosebud was present. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the Variance for the placement of two 49 sq. ft. internally illuminated signs, on the roof on the Greeley and Myrtle St. sides of the building located at 110 So. Greeley St., in the RB, Two-Family Residential Dist., as conditioned, Case 3 Stillwater City Council Minutes December 3, 1991 Recessed Meeting No. V/91-50 & V/91-53. Melissa Johnson & Heidi Rosebud, Applicants. (All in favor ). 4. This is the day and time for the Public Hearing to consider a Minor Subdivision, 10 ft. by 135 ft. of Lot 13, Block 11, to Lot 14, Block 11 of Churchill, Nelso~ & Slaughter's Add. located at 1020 So.Fifth St. in the RB, Two-Family Residential Dist., Case No. SUB/91-57. Dennis & Marge Galowitz, Applicants. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stat~d this request is a minor subdivision of a lot adding ten ft. to one lot and taking it away from another. Mr. Fontaine stated the Planning Commission approved the request and Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving a Minor Subdivision, 10 ft. by 135 ft. of Lot 13, Block 11, to Lot 14, Block 11 of Churchill, Nelson & Slaughter1s Add. located at 1020 So.FHth St. in the RB, Two-Family Residential Dist., as conditioned, Case NoJ SUB/91-57. Dennis & Marge Galowitz, Applicants. (Resolution No. 91-237) Ayes - Councilmember~ Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 5. This is the day and time for the Public Hearing to consider a Planned Unit Development for ~he construction of two duplex units (four single-family units with zero Jideyard setbacks) located at 310 No. 'Second St. in the RB, Two-Family Rsidential Dist., Downtown Plan area, Case No. PUD/91-58. BARK Properties, Applicant. Notice of th hearing was published in The Courier on November 21, 1991 and mailed ~o affected property owners. I Mr. Russell stat~d that comments on the request were received from the Design Review Committee because it is in the Downtown Plan area. The request is to coristruct two duplex structures on the property. They are going through thd process because of the unique conditions of the site. Access to the site will be over a shared 20 ft. access easement off of Mulberry St. Dr~inage plans have also been provided. Mr. Fontaine stated the Planning Com~ission approved the plan unanimously. Bob Briggs addressed the retaining wall by stating that it would be covered over to plrovide access and al so presented easements to Margaret and Alice O'Brie~. Maintenance would be provided by owners of the townhouse. Mayo1 Abrahamson closed the public hearing. I I 4 . , t t I e Stillwater City Council Minutes December 3, 1991 Recessed Meeting e Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve a Planned Unit Development for the construction of two duplex units (four single-family units with zero sideyard setbacks) located at 310 No. Second St. in the RB, Two-Family Residential Dist., Downtown Plan area, as conditioned~ Case No. PUD/91-58. BARK Properties, Applicant. (All in favor) 6. This is the day and time for the Public Hearing to consider a Resubdivi- sion of three lots of 25,984 sq. ft. into four residential lots of 5,835, 5,232, 4,799, 4,799 and common area of 5,319 sq. ft. at 310 No. Second St. in the Duplex Residential Dist., Case No. SUB/91-60. BARK Properties, Applicant. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell stated this subdivision accompanies the previous requested PUD. It divides the property into five parcels and the PUD procedure recognizes this. Mr. Fontaine stated these two cases were considered together and approved. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution approving a Resubdivision of three lots of 25,984 sq. ft. into four residential lots of 5,835, 5,232, 4,799, 4,799 and common area of 5,319 sq. ft. at 310 No. Second St. in the Duplex Residential Dist., as conditioned, Case No. SUB/91-60. BARK Properties, Applicant. (Resolution No. 91-236) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 7. This is the day and time for the Public Hearing to consider a Special Use Permit & Variance for the construction of a multi-purpose addition to St. Mary.s Cnurch with a street sideyard setback of 21 ft. (30 ft. required) located at 407 So. Fifth St. in the RB, Two-Family Residential Dist., Case No. SUP/V/91-59. Richard N. Olsen & Richard L. Huelsmann, Applicants. Notice of the hearing was published in The Courier on November 21, 1991 and mailed to affected property owners. Mr. Russell explained this request is to construct a multi-purpose room in an existing area. A single-family house would be removed and existing circulation would be modified with parking provided behind the structure. SEH, the City's consulting engineers, reviewed the parking and traffic access and did some realigning. A drainage plan has also been provided. Mr. Fontaine stated the Planning Commission approved the request. Mayor Abrahamson closed the public hearing. Council discussion followed which e 5 Stillwater City Council Minutes December 3, 1991 Recessed Meeting e included the need for a variance, landscaping, the parking plan and traffic problems on Pine St. Motion by Councilmember Wunke, seconded by Councilmember Farrell to approve a Special Use Permit & Variance for the construction of a multi-purpose addition to St. Mary's Church with a street sideyard setback of 21 ft. (30 ft. required) located at 407 So. Fifth St. in the RB, Two-Family Residential Dist., as conditioned, C4se No. SUP/V/91-59. Richard N. Olsen & Richard L. Huelsmann, Applicants. ~All in favor). Council recessed for ten minutes and reconvened at 8:26 P.M. UNFINISHED BUSINESS - No jUnfinished Business was presented. NEW BUSINESS Snowplowing - Council discussion followed regarding snowbirds and clean-up of snow. Councilmember Funke s;uggested that part-time emergency people be used to keep equipment in us~ and to hire within the City force. Another suggestion was to stalrt the odd/even parking plan on November 1 each year. Further discussion fO\l1owed and City Coordinator Kriesel will review these suggestions. e CONSENT AGENDA i Motion by Councilmember Bpdlovick, seconded by Councilmember Funke to approve the Consent Agenda of December 3, 1991, with the removal of Popeye's and Hidden Valley Lounge from! the On-Sale Liquor License applications for discussion at a later dat~; to change the amount for Professional Dev. Group, Inc. on the bills to $4,6PO; and including the following: (All in favor). , 1. Resolution Directing ~ayment of Bills (Resolution No. 91-231). Ayes - Councilmembers Bod10vick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. License Applications: Contractors Applications Jim Adams Unlimited General Contractor New 9199 Jane Rd. No. Lake Elmo, Mn. 55042 Alpha Mechanical Plumbing, Sewer & New 9177 Davenport St. N.E. Water Contractor Blaine, Mn. 55304 6 e e e e Stillwater City Council Minutes December 3, 1991 Recessed Meeting C & N Sewer & Water, Inc. 19880 Quinnell Ave. Scandia, Mn. 55073 Enerjac Construction 1688 Strawberry Hill Rd. Afton, Mn. 55001 New Castle Builders, Inc. 2961 Inwood Ave. No. Lake Elmo, Mn. 55042 Perry Excavati ng 9665 292nd Street Chisago City, Mn. 55013 Paul W. Teske 1806 No.Broadway Stillwater, Mn. 55082 Excavators General Contractor General Contractor Excavators General Contractor Renewal New Ne\'/ New New Miscellaneous Applications United States Bench Corp. Renewal 1992 Regular On-Sale Liquor Licenses J.L.H. Inc. John's Bar 302 South Main Street Trump's Grill & Bar 317 South Main Street Dock Cafe 425 East Nelson Street St. Croix Club Bar & Restaurant, Inc. 423 South Main Street The Lowell Inn 102 North Second Street B ri ne ' s, I nc. 219 South Main Street Pleasure's At Oak Glen Oak Glen Country Club 1599 MckUsick Road 7 Renewal Renewal Renewal Rene\'/a 1 Renewal Renewal Renewal Stillwater City Council Minutes December 3, 1991 Recessed Meeting Cat Ballou's 110-112 North Main Street J.L.H. Inc. John's Bar 302 Main Street 1992 Sunday On-Sale Liquor Licenses Trump's Grill & Bar 317 South Main Street Dock Cafe 425 East Nelson Street St. Croix Club Bar & Restaurant, Inc. 423 South Main Street The Lowell Inn 102 North Second Street Brine's, Inc. 219 South Main Street Pleasure's At Oak Glen Oak Glen Country Club 1599 MckUsick Road Cat Ballou' s 110-112 North Mai n Streelt I ! I 1992 Ci garette Licenses St. Croix Club Bar & Restaurant 423 South Main Street Pleasures at Oak Glen 1599 McKusick Road Cat Ballou' s 112 North Main Street Trump's Deluxe Grill & B~r 317 South Main Street The Lowell Inn 102 North Second Street 8 e Renewal Renewal Renev/a 1 Renewal Renewal Renewa 1 Renev/a 1 - Re newa 1 Renewal Renewal Renewal Rene\'ia 1 Renewal Renewal e e Stillwater City Council Minutes December 3, 1991 Recessed Meeting Brine's, Inc. 219 South Main Street Renewal River Oasis Cafe 806 South Main Street Renewal It COUNCIL REQUEST ITEMS Chamber of Commerce Centennial Year Motion by Council member Opheim, seconded by Councilmember Funke to adopt the appropri ate reso 1 uti on honori rig the Sti 11 water CI1amber of Commerce on their Centennial year. (Resolution No. 91-235) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.' Nays - None City of Stillwater Sesquicentennial Committee Moti on by Council member Ophei m, seconded by Council member Funke to formally declare 1993 as the City's sesquicentennial year and to appoint Anita Buck to chair a committee and work with the Historic Preservation group for the City's sesquicentennial celebration. (All in favor). Certificate of Appreciate Honoring Mark W. Junker Moti on by Counci 1 member Funke, seconded by Counci 1 member Bodl ovi ck to award a Certificate of Appreciation posthumously to Mark W. Junker for his many good citizen efforts in serving the community of Stillwater. (All in favor). STAFF REPORTS (continued) City Coordinator Setting a Public Hearing for Ward Boundary Lines Mr. Kriesel reported that the Charter Commission will be having a televised public hearing on February 26, 1992 on the Ward boundaries. Council concurred with this plan. Executive Session - Dec. 4, 1991 Mr. Kriesel requested an Executlve Session with Council after the Special Meeting on December 4, 1991 to discuss labor contract negotiations and Council concurred. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Funke to recess the meeting at 8:45 P.M. (All in favor). e 9 Stillwater City Council Minutes December 3, 1991 Recessed Meeting MAYOR ATTEST: CITY CLERK Resolutions: No. 91-231 - Directing payment of Bills. No. 91-235 - Honoring tre Chamber of Commerce on their Centennial Year. No. 91-236 - Resubdivision at 310 No. 2nd St., BARK Properties. No. 91-237 - Minor Subdivision at 1020 So. 5th St., Galowitz. 10 e e e e SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES December 4, 1991 7:00 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Funke, Opheim, and Mayor Abrahamson. Absent: Councilmember Farrell Also Present: City Coordinator Kriesel City Attorney Magnuson Recording Secretary Schaubach Press: Mike Marsnik, Stillwater Gazette Julie Kink, The Courier Others: Jim Junker, Deb Junker, Chad Junker, Tim Schmolke, Jack Evert, Liz Kelly, Kathy Cutler, Dan Shoepke, and Janelle Borden PUBLIC HEARING ON SOLID WASTE MANAGEMENT PLAN e Council met with the Solid Waste Advisory Committee to hold a Public Hearing on the Solid Waste Management Plan which the Committee developed and submitted for approval. City Coordinator Kriesel explained the process by which the Plan was developed. Tim Schmolke, Chairman of the Committee, presented and explained the Plan to those present. Jim Junker of Junker Sanitation briefly explained his proposed volume-based fee system of solid waste collection and displayed the containers which would be used under his proposed system. Council agreed that a Solid Waste Management Plan should be adopted before a volume-based fee system is approved. Mayor Abrahamson opened the hearing to comments from the audience. Bill Herzog stated that he is in favor of the Plan and suggested that the Council negotiate a long-term contract with Junker Sanitation. Another Stillwater citizen stated her concern that volume-based fees would cause people to dump trash on the roadsides and ravines. Mayor Abrahamson closed the Public Hearing. e Motion Opheim Waste by Councilmember Bodlovick, seconded by Councilmember to adopt the appropriate resolution adopting the Solid Management Plan as proposed. (Resolution No. 91-239) Ayes - Councilmembers Bodlovick, Funke, Opheim, and Mayor Abrahamson Nays - None 1 stillwater City Council Minutes Special Meeting December 4, 1991 Motion by Councilmember Bodlovick, seconded by Opheim to direct Staff to enter into negotiations Sanitation and to set a meeting for 4:30 p.m. December 17, 1991. (All in favor) OTHER BUSINESS Motion by Councilmember Bodlovick, seconded by Funke to approve the refund option for the Compensation Insur~nce Premium. (All in favor) ADJOURNMENT Councilmember with Junker on Tuesday, Councilmember 1992 Worker's Motion by Councilmember Opheim, seconded by Councilmember Funke to adjourn the meeting at 8:10 p.m. All in favor. ATTEST: CITY CLERK Resolutions: No. 91-239 - Adopt ng the Solid Waste Management Plan 2 MAYOR e e - e e e DEC 17 '91 18:17 CENTRRL BRNK-OPH December 17, 1991 Mayor Abrahamson and Members of the Stillwater City Council 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mayor and Council Members: P.l This letter is to advise that we are not going to grant Richard Sowers permission to construct a kennel for his cougar on the property located at 1251 West Orleans Street, Stillwater, Minnesota. Sincerely yours, RODRIGUE & RHEINBERGER BY p:;;e; ~-'~o'~ .v .. . .~ ,-~..,_.. .,~ JOEL M. ANDERSON & ASSOCIATES ATTORNEYS AT LAW 2150 THIRD STREET White Bear Lake, Minnesota 55110 JOe~ M. ANDERSON DAWN M. MONCUS CAROLE V. RYDEN TELEPHONE: (612) 426-4009 FAX (612) 426-1304 December 17, 1991 VIA FACSIMILE 439-0456 Steven Russell Re: Case No. Supp/91-55 Stillwater City Council Date of Meeting: Project Location: Applicants Name: Type of Application: Meeting December 17, 1991 1251 West Orleans Street Richard Sowers Special Use Permit for Cougar Ziggy Dear Mr. Russell and Interested Council Members: Please be advised that Mr. Sowers has been served with Notice of Eviction by the landlords, however, at this time it appears that fruitful negotiations are taking place to renew his lease and are likely to result in Mr. Sowers getting the requisite permission to make improvements upon the property so that he may keep Ziggy. Mr. Larry Wallach from New York has intervened financially, once again, on Mr. Sowers behalf to make the possibility for Mr. Sowers to remain a possible reality. Within the next day or two, it will be obvious whether Mr. Sowers will gain permission to remain or whether he will be forced to abandon the leasehold sometime prior to April 1, 1992. I have personally been in touch with the landlord and Mr. Wallach to confirm our intentions. Because of the good faith effort that has been made, along with all of the reliance and costs to not only apply for this permit, but purchase the expensive insurance coverage required, it is hoped that the Ci ty Council will remain sympathetic by allowing Mr. Sowers additional time necessary to seek the requisite permission from the fee holders. GOd GOO 'OS::3' NOSd::30N't1 (' 800v9GVGt9 80:50 It-Gt-t88t .... e e e T ^ I ..., ^ ^ ~ Letter to Steve Russell Re: Courgar Ziggy December 17, 1991 Page Two Based on Mr. Wallach's generosity, I believe there is a great likelihood that an agreement will be struck to allow Mr. Sowers to remain on the leasehold with the landlord's blessings. I will be spending considerable efforts during the next two or three days trying to make that occur. I would apologize for any inconvenience that delaying this decision might pose. I will emphasize that during the pendency of this review of our Special Use Application, Mr. Sowers will abide by all of the terms of the proposed permit. We trust this will minimize any threat to the public welfare. I will plan to report our progress to the City Council through Steve Russell unless the City Council instructs us to communicate differently. Sincerely, JOEL M. ANDERSON & ASSOCIATES ------- J M. Anderson Attorney at Law JHA:src cc: Richard Sowers Larry Wallach .~~....,. ...I.-II:-.',.....,....,...Il J ^ ~~~~nJ~JTn on.en JT_?T_TCCT e e e TO: FROM: DATE: SUBJECT: 1'<1 E M 0 MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK DECEMBER 6, 1991 BIDDING PROCESS FOR DESIGNATION OF LEGAL NEWSPAPER Tile following is a summary of ttle process we went through last year in designating a legal newspaper for City publications. Previous to 1989, we published an ad asking for quotes on the cost to publish legal publications and the papers responded with a cost per column inch for the first and subsequent insertions. In 1989, we changed the process in order to be more fair because type size is different for the various newspapers. We used the Minnesota Newspaper Association Formula prepared by Mark Anfinson, Legal Counsel for MNA. (I have attached a copy of this, plus the explanation.) Some concerns were raised regarding this pol icy by the parties doing tile bidding, so Vie then went to another process by asking the bidding parties to submit the cost to the City to publish a sample notice using 7 point - 8 leading - Helvetica Type and enclosing a copy of the issue of their paper in which they published the statement of ownership and circulatioin verification. (I have attached copies of last year's bids for your information). The City Attorney has advised that, legally, we are not required to advertise for bids, but must designate a legal newspaper for each year. Council advice is requested on which process to use. CITY OF STILLWATER BID FORM FOR PUBLICATION OF 1990 LEGAL ADVERTISING REQUIREMENTS: Each bidder is asked to submit a bid for publication of Official Proceedings in Summary Form whether or not other items are bid. (MN Statute 375.12) Bid in 8 point type, this bid only. SUBMITTED BY: Contact Person: Firm: Address: Tel. Telephone: A) Name of newspaper ,(s) in which publishing will occur: B) Circulation in City of Stillwater (Paid & Unpaid): C) Does your newspaper qualify as a legal newspaper pursuant to Minnesota State Statute 331A.02? yes no D) Bidder to work through Minnesota Newspaper Association formula as follows: BID IN 8 POINT TYPE - THIS BID FORM ONLY. 1. Line length in picas: x 12 = 2. Number of 1 i nes per r: inch: x 3. Length of lower case alphabet ( L CA ) i n points: . = 4. Cost per co 1 umn inch: . ~ Index Number E) Attach sample of text used. Sample must be 100% reproduction. Signature of Bidder Date /';1 &j' 0 L.4..t: c Cr ATTACHMENT A MINNESOTA NEWSPAPER ASSOCIATION FORMULA 4 Prepared by: Mark Anfinson - g::L 7 - S; (; II MNA's Legal Counsel Several questions have been raised about how to go about comparing one publication rate to andther. This of course is important in at least two situations: (1) When there is some doubt whether a newspaper's classified rate is higher than its legal rate; and (2) when bidding on the publication of public notices by local governments. Unless a direct "apples to {ipples" companson can be made in these situations, it is often difficult to decide j~st how different publication rates are related to each other. To help with this, ~ procedure has been worked out which allows you to make such comparisons without difficulty. . The procedure involves four quite simple steps. In order to perform the calculations, you will need the following information relating to the rate or rates which you are comparing. For example, if you are comparing legal rates, then the following information must be taken from the part~cular legals which the rates relate to. The line length ih picas; The number of lin~s per inch; The length of thei lower case alphabet, in points, for the particular type face; The charge per in~h. i I information, simp~y work through the following calculations: a. b. t c. d. With this 1. Multiply the line length in picas times 12 (the number of points in a pica); this produces the line lenrth in points. Multiply this line lepgth in points times the number of lines per inch; this produces the number o~ points per inch; I Divide the number of ~oints per inch by the length in points of the lower case alphabet used; this ih effect produces the number of lower case alphabets per inch. It appears to pe the critical factor in determining which legal rate is the lowest, since, all ot~er things being equal, the more type there is in each inch, the lower the actual rate will be. 2. ') .... 4. i On the average, it seems clear that the greater the number of lower case alphabets in one inch, the grea~er the number of words there will be per inch. The use of the lower case alphabet as the basic unit of measurement seems to be the simplest way to standardize th~s calculation for purposes of comparison. Divide the charge perl inch by the number of lower case alphabets which you have calculated to be in e~ch inch; this produces a number which is the cost per lower case alphabet. t This number can be co~pared directly to a similarly calculated figure either from any other newspaper, br from another rate charged in the same newspaper, such as the classified rate. The lower the number, the lower the actual rate. MINNESOTA NEWSPAPER ASSOCIATION Tel: 332-88~4 -4- e e e This same letter was sent to Bob Liberty at the Courier. ,. r illwater ~--- -~ THE BIRTHPLACE OF MINNESOTA ~ December 19, 1990 Mr. Mike Mahoney, Publisher Stillwater Gazette P.O. Box 58 102 South Second St. Stillwater, Mn. 55082 Dear Mr. Mahoney: As you are aware, bids were received for legal publications and distributed to the Stillwater City Council on December 18, 1990. At that meeting you stated some concerns regarding the bid policy. Please state those concerns in writing, address them to the Stillwater City Council, to my attention, and forward them to this office by December 2S, 1990. - , Also, I am requesting you to tak~ the enclosed, Notice of Public Hearing, state the cost to the City to publish this notice in your paper using 7 point - 8 leading - Helvetica Type and return this clarification to City Hall by 4:30 P.M. December 28, 1990. Also, please send to me a copy of the issue of your paper in which you published your statement of ownership and circulation verification. . The City does reserve the right to waive informalities and irreguiarities and to reject any and al,l quotes or parts of quotes. If you have any questions, please give me a call at 439-6121. Sincerely, )~ Johnson City C 1 e rk mlj Enc. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ~ fi-1E- illwater " --- :::::.--- - ~ e THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING STREET VACATION NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota will meet on Tu~sday, July 15, 1992 at 7:00 P.M. in the Council Chambers of City Hall to consider a request from Joe Brown for the street vacation of a portion of Wildberry Street between North 4th Street and North 5th Street in the RA, Single Family Residential District. Case No. SV/92-3. \ All persons wishing to at this meeting. heard with reference to this request will be heard Mary Lou Johnson City Cl erk e Publish: July 3, 1992 CITY HALL: 216 NORTH e STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 ~ STILLWATER Qia~rttr MINNESOTA e OVER A CENTURY OF NEWSPAPER PUBLISHING e e Dec. 28, 1990 Mary Lou Johnson, City Clerk Honorable Mayor Wally Abrahamson Members of the Stillwater City Council 216 North Fourth Street Stillwater, MN 55082 Dear Clerk Johnson, Mayor Abrahamson and Members of the Council: Please note that the "Notice of Public Hearing" has been set per your requirements, 7 point, 8 leading, Helvetica Type. The cost to publish this hearing in the GAZETTE would be $5.33, based on a per inch cost of $3.20, which is the per-inch rate we quoted in bidding specifications on Dec. 18, 1990. Sincerely yours, f}de&~ Mike Mahoney Publisher P.O. BOX 58 · 102 S. 2ND ST., STILLWATER, MN 55082 · (612) 439.3130 'UAZE"ITEIRIlPSIM1V ACATI.ONM clcxLLSW 1:~ PM Wcdocoday Dcc:embcr 26,1990 v5,O 07-MAR-89 NOTICE OF PUBLIC HEARING STREET VACATION NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota will meet on Tuesday, July 15, 1992 at 7:00 P.M. in the Council Chambers of City Hall to con- sider a request from Joe Brown for the street vacation of a portion of Wildberry Street be- tween North 4th Street and North 5th Street in the RA, Single Family Residential District. Case No. SVI92-3. All persons wishing to be heard with reference to this request will be heard at this meeting. Mary Lou Johnson City Clerk '" e 7/3/92 e e e I ~ 1 .1 J' l e "Momgomery gothlS24th save. ., Like a good neighbOr, State Farm is there. A motion was made by SChultz. seconded by White to adjourn the meeting. Motion passed . 3 ayes. Jo Ann McKean Deputy Clerk .r OLEGAL PuBLICATIONS 10/1 US, P_.I saovl.. STATEMENT OF OWNERSHIP.J MANAGEMENT AND CIRCULATION R'quire by 39 U.S,C. 368$) 'A. TiTlE OF PUBLICATION lB. PUBLICATION NO, 12. DATE OF FILING ~ 12121 10 Is 0 110-1-90 Stillwat~r Gazette 3. FREQUENCY OF ISSUE 3A. NO. OF ISSUES PUBLISHED 3B. ANNUAL SUBSCRIPTION ANNUA!-LY ~RICrout Stqte $75. 0 M-F Dai'ly (Excluding Hal idays), " 256 Instate ~65.uO . i 4. COMPLETE MAILING ADDRESS OF KNOWN OFFICE OF PUBLICATION (S~", CIty, COUII'Y, S..,. arid ZlP+4 Cod.) (No' pri"',,,) 102 S. Second St. Stillwater, MN. 55082 5. COMPL..ETE MAl LING ADDRESS OF THE HEADQUARTERS OF GENERAL BUSINESS OFFICES OF THE PUBLISHER (No' pri,,'''') c/o American Publishing Management Services Inc. " , P. O. Box 10 Wes~'Frankfort, Ill. 62896 .~, $, FULL NAMES AND COMPLETE MAILING ADDRESS OF PUBLISHER, EDITOR, AND MANAGING EDITOR (11111/"'.. MUST NOT b. bud) PUBLISHE R (N."'..rId Compl". M.am, Addra2) Mike Mahoney, 102 S. 2nd. St. Stillwater, MN. 55082 EDITOR (N..... .1Id Compute M.al... Addrua) , Mike Mahoney, 102 S. 2nd St. Stillwater, MN. 55082" MANAGING EDITOR (N..... alld Compk,. MtdlI... Addn#) .............:.. . Mike M,arsnik, 102 S. 2nd .St. -0,,",1 Stillwater, MN. ,55082 , 7. OWNER (If own~d by. CorpoNtlon. I'. INme _lid tuldr~u mur' br ltiJUd Glld.lIo Imlned",r'" ,ltnltUndn '", ,...".rl."d .ddrUJr, o/"oclholden 0_1", 0' IIo1dl", 1 p,rc,,,' 0' "'0" of '0,,", .,.,0""' of .,od. If "0' o_.d by . CO'f'oratlo... ,". ......... .rId IIdd........ of"" Indlvld"aI 0_'r7 "",., b. rlv.", 'f O_ad by . po"".nII" or 0'11., ....Inco'f'o"'''d /I"", In ........nd odd".., .. ..." .. ,II., of ,..,11 I"dlvlduo' m"" b.rI...... If ,", p,,"'leo. 110" II ,."blllll.d by. "o"p,ofl' ~1'OtlOll, In ...,.,e orld IIddrns mrn' b, "."4.) (I'.... m.." b. .ompl.'ad.) " " FUll NAME ' C/O American Publishino Manaoement Services Inc , COMPLETE MAILING ADDRESS P.O Rnx 10 Wpst Frankfort . 111 62896 8, ' kNOWN BONDHOLDERS. MORTGAGEES, AND OTHER SECURITY HOLDERS OWNING OR HOLDING 1 PERCENT OR MORE OF TOTAL , AMOUNT OF BONOS, MORTGAGES OR OTHER SECURITIES (If 'h.,.., 0" "on', '0 ''''') , ' FULL NAME f./O COMPLETE MAILING ADDRESS TnI' ' I p _ 0 Rny 1 n .. Tll 'Wpc;t , fi?Rqfi , 9. FOR COMPLETION BY NONPROFIT ORGANIZATIONS AUTHORIZED TI') MAIL AT SPECIAL RATES (Sut/o" 42J.12 DMM olliy) The purpose. function. and nonprofit statuI 0' this organilltlon end the exempt status for Faderallncome tax purposw {Otuk. DIt~J . . . . 2 ~~, .n .' . III' , O HAS NOT CHANGED DURING PRECEDING 12 MONTHS 121 .;'"" .. 0 HAS CHANGED DURING ' PRECEDING 12 MONTHS ;-~ (If,"o",'d. publuh" m"" lUbmlt up"'",,'on of ch.",~ wi,h ,h& Zh"~me"'.J 10':' ' EXTENT AND NATURE OF CIRCULATION . (Se~ instructions 011 ,el'eru side} AVERAGE NO, COPIES EACH ISSUE DURING PRECEDING " - 12 MONTHS ACTUAL NO. COPIES OF SINGLE ISSUE PUBLISHED NEAREST TO FILING DATE 1 I I I I ~ i I . . i I .A. TOTAL 'NO:'CO~IES (N., p,G$ R"") B. PAID AND(OR REQUESTED CIRCULATION 1. .Sal" through deafen and Cirri.". ,treet vendors and count., saln ..~ ~,'4300 4~?n . ~ 383ii 3H54 416 '2, Mail Subscription {Pold o"dlor I'f!q",."d} 401 C, TOTAL PAID ANDIOR REQUESTED CIRCULATION, (Sum of lOBI "nd IOB1) 0, FREE DISTRIBUTION BY MAIL, CARRIER OR OTHER MEANS SAMPLES, COMPLIMENTARY, AND OTHER FREE COPIES 4237 4270 21 .' '4258 17 , 4287 E. TOTAL DISTRIBUTION (S"m ofCond D) F. COPIES NOT DISTRIBUTED 1. Offic. use.l.ft over, unaccounted, spoiled after printing , ,"42 33 2. Retu, n from "News Agents o o G. TOTAL ISI.m of E, Flond 1-lho"ld 'quol n" P"'HV" Jhown In A} 'I. 4300 4320 , , fNSil/2ZGNA T "'~'D TlTL F EDITOR, PUBLISHER. BUSINESS MANAGER, OR OWNER I certify that thB statBments made by , , . / . me above arB correct and complete " ,{ltfJ/~ / 1'....!S( ~';S" E,l!... i . PS Form 3526. Julv 1984 (See /IISInU'/Ion on ,eveTSe) ". I J : .! II i I . t ,I I "1 I STILLWATER Qf)a~ette N OVER A TiNTillj:Y Qi:.NE~P~ Pl/.BLISHINGt 1990 ewspaper rUUIlSner S ~lalemen , ... MINNESOTA e Publication- THE GAZETTE-EXTRA Publisher: Mike Mahoney Stillwater Evening Gazette, 102 S. 2nd Street Stillwater, MN 55082 Total Number of Copies (net press run) Paid and/or Requested, Sales/dealers Mail Subscriptiqns i i TOTAL PAID i , Copies: office u~e, etc. I 27,630 4,039 462 4,501 23,079 27,580 50 27,630 e Free Distribution I i Total Distributiq,n Total ~~~~~------------------------ Mike Mahoney, Publisrer I ........tt...., i, " A.,..._~<<~~~:'a.~~~~.')4(-o, t-,j J.'v ""J>> \~ Q~~M,lAI'tf""'J"- . ~ ~(~. ,~, .. ' i ._oJ ELEft\\'CR E. l'\!,.....:,,:li ") (--- " I ".~ ...~~;:~:-... - '"\\ \. , ..... '!-.... "T. b 6 ['\ "" /." ...,. t'r..-"I1"i:.,:t:lJG'::,~:",-:",,(;^ ., h '~ .. ,'" ",..", '. .11,,', -,~.~" ,... '.\ ",.-,',1 ','~ ?J . '. '.'~ to."1\ ."1 .." '. . ,\. t -'1 . I.......' !. , , -P-e,t..-~v . i ~ '; ,".<:i-;' ,~;;)J,......);~,,~ ....:.t . ".' ...- t~,.-.-j 1'~rG .'~ ---------------------------..---- ----------------------------. '.' ,'1 I' c.m~.I""'''n E;.:p:rc~ J_.y. - ',~ , '.. ,~-... 'il" "" ,lfl.......;,;. ,w Eleanor Mohn, Notary i ~~;:;~~..~.~~,\O\-wv~~~;,~~1.~~ e I P.O. BOX 58 · 10~ S. 2ND ST" STILLWATER, MN 55082 · (612) 439-3130 , - e , . . " The Courier We Mean Business..,For YOU! Dec. 28, 1990 Stillwater City Council City of Stillwater 216 N. Fourth St. Stillwater, Minn. 55082 Attn: Mary Lou Johnson Dear Mayor Abrahamson and Council Members: Attached is the sample notice of public hearing printed according to your specifications. Based on those specifications, 7 point Helvetica, 8 leading, the cost to the city to publish the notice in the Courier News would be $4.50 ($3 per column inch). Also attached is the issue containing the Courier's published statement of ownership and circulation verification. While we can understand that the city desires to obtain the most beneficial rate possible in light of the current fiscal uncertainty, we believe there are other important factors to consider when awarding the bid, We believe that readership is important if the real intent is to inform residents of the city's proceedings. And, we think we have the advantage in readership. We also believe that quality of service and accuracy are extremely important factors to consider. We think we have provided the city with quality and accuracy in serving as the legal paper in 1990, and will continue to strive to meet those standards of excellence in 1991. We have enjoyed working with the city staff this year and look forward to continuing the relationship in the upcoming year. Sincerely, kJw( f Robert Liberty Publisher 126 South Second Street, Stillwater, Minnesota 55082 612-430-3037 FAX 612-439-8170 " The Courier, July 3, 1992 NOTICE OF PUBLIC HEARING STREET VACATION NOTICE IS HEREBY GIVEN that the City Coun- cil 01 the City 01 Stillwater, Minnesota will meet on Tuesday, July 15, 1992 at 7:00 P,M, in the Council Chambers of City Hall to consider are. questlrom Joe Brown for the street vacation of a portion of Wildberry Street between North 4th Slreet and North 5th Street in the RA, Single Family Residential District. Case No, SV192-3, All persons wishing to be heard with reference to this request will be heard at this meeting, Mary Lou Johnson City Clerk e 7/3/92 e e ~ I i I j I I I I i ! ' I: I I I : . ! : i' i I I' t: . ~ . .! ; : ' ; i i I , ' , I' I " I I I " I"'''' 131 lib 128 Ne~spaper Publisher's Statement '1990 COMMUNI'TV PAPERS VERIACATION ~RVICE Audit Period: December 1, 1989 - November 30, 1990 PUBLICATION: THE COURIER: NEWS PUBLISHER/OWNER Robert Liberty , EDITOR Sharon Baker " , The' Courier News 126 So. Second Street 'Stillwater, MN. 55082 (612) 430-3037 The Courier News 126 So. Second Street Stillwater,' MN. 55082 (612) 430-3037 EXTENT AND NATURE OF CIRCULATION AVERAGE NO, COPIES.' EACH ISSUE DURING PRECEDING 12 MONTHS 8,698 ACTUAL NO, COPIES OF SINGLE ISSUE PUBLISHED NEAREST TO FILING DATE 9,000 A. TOTAL NO, COPIES (net press run) B.PAID AND/OR REQUESTED CIRCULATION l.,Sales through dealers and carriers, street venders and counter sales. 2. Mail Subscription . (Paid and/or requested) C. TOTAL PAID AND/OR REQUESTED CIRCULATION , (Sum of B. 1 and B. 2) D. FREE DISTRIBUTION BY MAIl, CARRIER OR OTHER MEANS SAMPLES, COMPLIMENTARY, AND OTHER FREE COPIES, E. TOT Al,DISTRIBUTION (Sum of C and 0) F. COPIl;S NOT DISTRIBUTED 1. Office use,left over, unaccounted, spoiled after'printing 617 218 J 29 133 746 ~'"" 351 7,852 '8,549 8,598 8,900 100 100 0 0 8.698 9,000 , ' 2. Return from News Agents , G, TOTAL (Sum' of E, Ft and 2 - sh~uld equal net press run showninA ' . . AUDIT STATEMENT , , COMMU'NITY PAPERS VERIFICATION SERVICE lCPVSl Has examined the circulation, rates, and paper daca for che ' period noted. CPYS procedures to prepare chis report a'nd audltNerlflcatlon included: CertIfied Public Accountant Docum.ntatlon. co es- AudIt of Circulation Data, such as poscal receiptS, tabUsh the printing, clrculaClon, and rate Informacion carrier dIstribution records and payments co camers, In Chis report. bulk drop and newsstand distribution recordS, etc., Audit of Prlnt....s Records andlor other documenta. and comparison to printIng records to establls~ clr- tlon relaced to establlshln9 prtntlng quantity. culaclon quantity. , V.rlflcatlon of Rate Card co establish daca carried In chis report. . Based upon the procedures performed, I ur opinion this report Is accurate. ---- James W, Pearson, President ?J 1:J./13 9~ (Date! · '-/'-"'.r;-~;:-.r-;. '-- ~ l . ., " "-- ~/'~'::.....,. COMMUHITY PiPllS _ YIllflonOH SilVIO l21390 618 cnncl t;I".,.,n Dr, . Madl...n, WI 53719 , PUDhshed in The Couner News, December 20,1990 r:ngl......l..'cr:) E.1[lL" Seconded by C , and Doerr. Nay' ,. Sommer/eldt. "'~: open, Seggelke, seco:, quest Chief of P,: items listed in City gusI21, 1990 rela:;' employees using tr, be done January : Carried. O'Neal, seconded: Resolution No, 1/9( $25,00 for all parf schedule exclude v,ol;:\lions and other , call vote with 5 ayes Kern. seconded by , .minutes as presen:E and 26th. 5 aye vote 'Doerr, seconded bl snow removal poli, votes, Carried, Coffee Break with It will be held Tuesda 8:00 :0 9:00 a,m. O'Neal, seconded b anImal control contr Animal Control om per his letter and ef aye votes, Carried. O'Neal, seconded b following rink atten Dion Langness; M' SOfledahl and ThorT .Carried, Doerr. seconded by bills and investmer . available at Clerk's 0 O'Neal. seconded b} 5 aye VOles, Adjourn ISI~ Administr< 1111~11.:I~lil!'111 :~i~iill The Courier, NOTICE C FORECL< NOTICE IS HEREB occurred in the cone gage dated Novem!: Oliver W. Oddan ar and wile, as mortga Bank of Slillwater rv: N,A., as mortgagee, lice 01 Ihe County County of Washingt' November 30, 1 988 ' thai the original prin' morlgage was the ~ sand and 00/100 ( there is due and cfa mortgage the sum Eight Hundred F ($68,858,50) Dollar ceeding has been ir the debl secured t part thereof, and t mailed notice to Si dance with the provi preloreclosure no: been complied wilh power of sale Ii mortgage will be Ie land lying and b Washington, State c rollows to. wit: Lots 6 and 7, I and Co's Addi' will be sold by Ih. County at Public 2 March, 1991 a110:C ollice, 14900 61st ~ Stillwater, Washing '" ...~ - t .f . e e e f J-.' :.0 r '-<'~ ,l Mayor Wally Abrahamson, City Council Members Stillwater City Hall Stillwater, MN 55082 Re: Renewal of liquor license for Popeye's Bar 222 East Mulberry Street, Stillwater, Minnesota 55082 . Neighbors of the above business would appreciate it if the Stillwater City Council consider the following restrictions on renewal of Popeye's liquor license: . When Popeye's owners negotiate with l1)usical groups, the noise ordinance be explained and understood by all parties before the scheduled performance dates. Popeye's owners will then take the responsibility for limiting the amplification to their property and maintaining the proper sound level in accordance with Stillwater's noise ordinance. ' We would appreciate your very strong support regarding the necessity .of controlling the previous problems emanating from Popeye's. With your endorsement at this time of license renewal, the citY noise ordinance standards (adopted August 9, 1990 - see attached) can be met before there are violations. Thank you for your endorsement. t IInde0 J fVlJ ke oJ1d NaYJce- 5~L.j NO. dnd 5-(' . L/3'1- 57,2S Bell. J J(JrJeJ and OO/Jld e:J.,/O e. 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'::f,-:-.:~..~-, ',' -~' . . = ~"."ot _.."'i~" . -. ,..". , ~ -"--- ,> ,r. . .~f...:~' - '.' ~.\1<>;' > --- ~.. .-'''- , ~::".~, \~" "- .";~~ ....... ~ ". .. ~. .. .' .. ':~ !. .' :.'<..'>,~-~ .',~, '(~ !.~ ,.@' (), B ... !~, ~.; ...~. ~ ,,,. .....'. ..""'.. ,........ v '. ' .~ . '. . " e : . ..,~ . '-;~ .. o . Q'\ Q'\ . .... ~. N ...... , '" ~ ,..~ .< I " ;,:. .~ ",,0' (/) ." ,~ '.~ \ e ," '. ...., ...."; > 0' iJ]jjf:~~;~;~t.iff:t~~. . v~~:Y nOise orolnance laKes,eTTeCl .'., ; . . . , \ ByMlKEMARSNIK, .' News Editor ." ~.. .~.~'. .! ";.1 , ; . . .-, , . '" . ..\. . \ . ~Still~ater> long-~waite~ -:-or dreaded, depending' on one s pomt of Vlew - nOise ordinance is ~ow in place, Howe~er, the~dty ~ to come up with ~2,OOO worth of eqUipment l:~, 9~?e:~ to enforc~ it! some~ing it ~as not blldgeted fOJ:. .,,~('/"'.., '. ': ..., , ,>:;'.7~,>:<:~(;:;.;;-'" ;,' ,;!.t<.iT>'" '~", ;' ".' . :,..;::/.\~:y}.r9:ble -,.:i">,,SoundLevels' by m:F~f.JCI;;~: r;\~~!i~~;;;: oiJ. .:(: ,;. . ,,,:_,~,,,,;~'-;"}_~ .. ' ;. d"" ',' ". (8' 00 ;a "m r",'.,' ""'f, r;:-.:.;;,)': ~,i::';': . 5:: \;.j" " .;of:" ;' '. .',' : '. ;'L~rid~1'(J'~'~;-:~':AX'" ~:, 't;~ -1 ? .?~ ~~ '-,J . ; DistrA9.~~,s,~:'; Y':L-"o"-sta:hd~fd L~O st : d d ['::,;,,::;;~~,;:,;t:k~:;..:~};.:~~;;,':.:~';~r':' ': 'r ,;. .,..j.; " an ar . Resi~~ntial^"6S'dBA'" ~..f 50 dBA' It is designed to protect people fro~'unw~ted noise, with different standards for different. times 'of' day. " . , " '. . The ordinance defines,' noise as' any unwanU:d' , sou?d, to be m~~ed by a sound level meter (SLM) haymg charactenstlcs as specified in the latest Ameri- , . ..,.:~:.. '.:(~e: No~, page, ~O). Receiving Land Use 'Districts, .',::::: .' ..... ' ,;".:):.,.~.~ ~! g~!~;ft~~,'::}r.,/(:~ L10 . standard :~;s'Os~a:I;da'rd \ .... ~. : . :SSdBA ," 50 :dBA. ,:', .., .. , .' . ,.;.'\1{. ... .. " ~~':':.'l;-I"'--....+.':." ,:' -,', . -...-: . ,'. " - '. ,., ' :',~c-'-;~''i''~,i~:;r~.~:(i",,~x:-.:_~~~;.~ ':, ";',,:":" ," ' . ,"'" :'''' ',,'. ""<,, ,. :";~~:~7:~~~~;.~,~::~~i~;:~;~~~,~A . I ~'\>,<;,f~. ,~~"f,;;, ,,:' ::.?g :,..:,,:d, ;,~...~,.'.:.\::,::,',;.:.,';;~.,:;.',:'..:,.~..;,~,~:...,c'.',::,.'.::~.,','.:,~'..:,\.~.,,',~,' ,~..,;,'~.",:...,. '.~,.,'.:,.~,:,,~.'.j,k~.~1', .ilndu5tr:Lal't.~t80<dBA '. . '.,. 5 ", . '" .. - ' . . -, .:":"{:r!.'::'.'Q:!I\~,;~;~;,,,,::!;,'~;::-;{':':;"':~:;'?:f.' , .; :~:. 7 dBA"".. 8 0 dBA "';'::'~'.~:' 7 5 ":dBA:.'~,;':\,':~l . Fo.r noise r,elative to a peri~d less.th.an'L-10, the following conditions apply: No ind~i s~~~d'l:v~i~h~ ~~ ,.'i raISed more ~~n 6 dBC over exlStmg background; no outdoor sound level shall be raised more than 10 . ; dBC ov~r eXlStmg ba~kground noise level. IThe limits of the most representative district apply at the, :. , , ~:n~~toa~I,~ .~~.~e~~. ~~~rent land. ~se, categ1;' ries. The ~determina~ion ~f land use Shall, be by i~ zon~d des- '.'.,' ;.'" ." <.~~;,'.',: " '.::':':": -""',''':-:. ! ',,' 'I . i\~ ' , ,,~'f"l \:~,' .\'~00 .;' ,'",.'", ' , ,... . , ' " '1 .' ,~l.. C'l \l ' . . I _.:.. .. . !. . .... ".: '~i"._..:-~~~...~. " /;._ ..~..~.~....;..~... > . '/, .'.~ c,' ...:_0. _; , .. :i:~::~~'\~~~~~:~1-\';~~l~tj~';,~;11f'~.i~,;,'~~:.,:..;:'l",..::;. "~.:;,;;.~l.....~.... ,,.:.---~,;~,:~ ~~""'...' .. '';'i~ XU ...,~ rNl t~~.;.:k\ci'l ;;('i' ,. ~:';~~~;j. ~.. ~:91~~~__=,:~...(~~~~~\;t7"L{'~r~~~>::\<>~~;.~;,~:"':'~il;',~~~~~~1!",:~+~~~ ':~(Continuedfrompagel) ..' ......,:"',""'.... ,.......'.:.:.~','c".': .': ~,~:.:,;~?:-d~'~t:;.~ '.~" __m. _ "_:0..,,1.1 ~. '. ":;....J ..,..., ",": . . 1 ~ . ,. .'-' - '---',,-.,,",.,-" .:can Standards Institute calibration of SLM to be at' :on weekdays and, on weekends 9 a.m. and 9 p.m.':' .\, ':.. :' least ~~secorid 'stage" traceable to the Natio~al Bureau . Construction activities are limited tC) thehoursof8';-' '. of Standards. There is an LIO and an L50 round level, a.m.-10p.m. weekdays and 9 a.m.-9 p.m. weekends., . meaning sound level, in decibels (dBA), e~ceeded 10, It also sets soundproofmg standards for the con-. and 50 percent of the time, respectively, for ~ one-hour struction of new buildings. . . , period. (See chart). ' ,... '. Enforcement . . . : ':Prohibited' noises include: radlos, ph~mographs, The public safety director (Dave Mawhorter, police paging systems, musical instruments and other devices. chief), or his designee is charged with enforcemenL . ,Ordinance 38,04, prohibits their use in a lou~ly audible When that person detennines a violation, he or she is manner so as to disturb people within 50 f~t between to give written notice to the owner or occupant of the , 10 p.m. and 8 a.m. . . .' premises and order corrective action., The ordinance Again, where they can be heard bya person 50 feet may ~ enforced by injunction, actio~ for abatement,. , , .away, the ordinance -prohibits the operatiQn 'of mini- ' or appropriate civil remedy: Violation is a mi~emean- , . ,bikes; snowmobiles; and other recreational vehicles be- ' or, carrying a fine of not more than $700, imprison- , tween 10 p.m. and 8 a.m. It prohibits the u~ of domes- ment for not more than 90 days, or both. Each act of tic power maintenance equipment. excePt for snow re-' violation and each day a violation occurs or continues . '~o~~, ~x~Pt ~~:~~_~:.~~:.:,~.~.,.:::,'L~,~~,,;::::# is considered a separate offense. . \ f \ j , ( \ I \ / \ / ..\ / \. / '\., .' \ ':' \", J \ ./ "....,,-' , "'" e e e e e e " December 2, ~991 Hono~ed Mayo~ and Council Members: We understand that you will soon be making a decision on the renewal of a ~iquor license for Popeye's Bar and Grill in Stillwater, and would like to take this opportunity to offer some input as you make your decision. As you know, a special Council meeting was held with members of the Dock Association of.Stillwater, and Popeye's Bar and Grill owners on July 16, 1991, tod~scuss. problems and concerns regarding the night club and its close .proximity to the Stillwater Yacht Club Marina. (A copy of the letter presented at that meeting is attached.) At that'time~. it was determined by the Council that there were indeed problems, and that several measures would be taken to try and rectify them. Among these were to beef up the police patrols in the area. and for the.,Dof;:.k Association members and Popeye' s to try and work together to reach a solution. Attempts at this have been less than successful. After the me~ting. there was some improvement. but sporadic at best. Whil~ the presence of foot patrols on and near the docks was noticeable and appreciated, the timing always seemed to be off. We would usually see ~he officers around 10:00 p.m. when things were relatively quiet, but by the time incidents began to happen, the officers had already left. Many n~ghts we just decided to leave the marina and harbor elsewhere rather than continue to fight the system. While this may have provided a temporary solution for us, we dontt feel it should be necessary for us to leave our ow"Il slip just to have peace and quiet. As the l~tter of July 16 states. many of us consider our boats and the space in which we keep them to be our weekend (and in some cases, permanent) homes. Therefore, it is indeed a residential area. It's not just .loud music that is a problem. but all of the ramifications that.go.hahd.ln hand when you have: 1) a popular Twin Cities night cluD, with no cover charge, 2) known as the "Hot Spot" among the 25 and under crowd, :bikers, and "motorheads", 3) well-known live bands, 4) a desirable location with an outside deck overlooking the river and marina, 5) an outside gazebo serving liquor with outside seating. and 6) warm summer nights. This all sounds appealing if you are the bar patron or the' lucky owner of such a .lucrative establishment; but 'for the rest, of us. be it town or marina residents, it is not an ideal sit.uation, to. say the least. The crowded conditions in the bar often create.s a "sl'i,l1over" of patrons out into the parking lot and dock areas. Rowdiness, fighting, loud motorcycles and cars, litter, harassment and .vandalism all combine to create an unpleasant and offertsiv~. at~o:sp;here, making living there all but impossible. December 2, 1991 Page 2 ~ e Now that the sea~on is over and the dead of winter is upon us, it's sometimes ,easy' to forget the many incidents and troubling events ot the past two surruners, many of which, unfortunately. were never reported to the police. 'We ask you not to let the faded memory slip away as you make your de~ision on ren~wal of this license. Please don't let the mon~tary interests of a s~lect few stand in the way of your good j~dgment. We urge you to iconsider all aspects before making your final decision. The 1992 season is just around the corner and we can only hope and pray.:it gets bet~er. ',Wishing all :of you a happ~ and heal thy holiday season. Sinceiely~';" " ,: %~..~m~ 'Jo~nand Che~yl' McCall Memb~rs -'of Dock Associatioo of Stillwater Attachine~t e " '. ',' " e ....1. T^"T"I".I r"'1 1'"', r r- n ,"",\ ,-. ..~ .f. r STILLWATER CITY COUNCIL MEETING JULY 16, 1991 7;00 p.m. Ho?ored .May~r an4 ~ouncil Me~bers: I am here as a concerned member of the Dock Association of Stillwater. My purpose .tonight is to ask: some questions and hopefully find some answers to concerns we feel , .' are legitimate regarding Popeye t sEar & Grill, and its dose proximity to the Stillwater Yacht. Club Marina. It is hoped that by bringing these issues to the attention of the 'Council, a viable and reasonable solution, satisfactory to both sides ~an be reached. . . . ~ '" : " . .... . , . .' . . .,' ~ wo .,..' " " .,.. :'. Out main: concerns s'ie as 'fol~ows: . ': ":,' ':',::. ':',:'..?:. :;':(.:: :.': . , fI]" NOISE;: ',~~,~..:,,~..:;;/ .': : " Loud,:music' and noise continues to be a problem, 'especially 'on weekend . '.. . . ,:~.ve',?::.~y:gS ::~hen the ba7......and outside deck areas are extremely crowded. Since Jll~~Y.:''Of"US consi4er our boats and the space in which we keep them, t~'b~ ~ur ~eekend (and in some cases per~nent) homes, we feel it is fair , ::~~':",~a~''':'~~',~t the ha;bor is in fact, a resident i31 area. HOwrever, because '...'.,: :<.',. ..' ;.:"::."'-:.~:,"~~~... e.j~,~.~~~~~."noi_S~ ..Whi~,h ~ravels thr~,u8h~ut, the marina, . sl~e.pin.g: ov~,~,~.~.~~~. ,'<~:':":',r.),r'<"'~;::':':""<.:7~,n'.,~~,~,\,~~~'t.:-,~'8' .o~~om~.li~po.s,$~~~:e,. :~..Lo~d~".~~u~~r~,u~';~ 41dul~-O!.~ent~d, ' .': ,'.. ::, '. .. ':"""..' ' :,.'. ,:. ;.', ".t.., behavior" .,~loiig with. ibappropriate "la?gl.lage, often 'conducive. ,t<>., a bar settinrh " ":.,' '~<>':.t'~"'~'6:t'.~0in~~t'ible ~ith; f~ily-oriented ~~tivity where young children and teen,:age~~, ~~i ,present. ~While ,,!e realize that some ruidents in .the ha1:bl?r:odl:?..~njoy tM activity of a party atmosphere, there are many who . .... .' .~o no;t:.:~~(1;:;...~e,fer..,to ,h~vea.more mellow environment. My qU~li1tion is, " . '. :i~: ~~~r.e! ,~.f;~~~i.nan~~. :which. deals wi.th decibel levels in a residenti.al.. ~~ea . ,:and .has :.t~i$' bef:m."e~forced'? Is' it possible to create a buffe.r zone between ; ',::-' . <:',:'~~opeyet ~',:~~d:;:,~h~."ma~~~a to ensure that both partie's are allowed to carry .. ,." ';:'::" ,on, ~h~i~;,~~'te'nded,:bus~neSswithout infringing on each other's ,rights? :. .~ " :,' ':-,., ~: .: . e #2. ,PARKING .LoT';" . , ~ '. ",Tpere h~V~,. bee.n COUl;erns about motorcycles ,blocking the entrance to the docks. . . .Al's,o..'.:WE!-:~ve had trouble with broken bottles under tires and half-full . ;'beer cu~s.>'?~'ing left on roofs and hoods of our ears. Is it possible to p'ro'Vi~e .:us with additional patroh to monito1=' the parking lot on wee1{end evenings? -- /13. SERVICE ROAD: Flease correct me if I'm wrong, but service road. which runs parallel to an emergency e~it. TheTe have been in such a way as to blo~k the road. free and cleat? we were of the understanding that the the tailroad tracks behind Popeye's is many instances in which cars are parked Is there a way of keeping this exit '" 4 f14. TRANSIENT BOA! PA~ING fOR FOPEYE'S CUSTOMERS: ,Among other probl~ms, we must deal with boaters who wish to use the outside of , , D,~'ck .~: ~ot, .:cou~tes\y pariting while visiting Popeye t $. While this may have ,~0rked befote..:the ~ecurity gates lItere installed at all entrances, it is no long~;::~,~'~e~i.~1)le. '[ . This leads to arguments on the docks. and disappoin.~ments . . . '..... , '. . among tho'se\iho wohld like to go to Popeye' s by boat. but have no plac.e. to '. " \,'.. ;. ~ar~~ They .b~come\ frustrated and agitated when they are unable to exit t?~ ,docks. Are thtre ~ny plans now or in.the future to provide courtesy , doc.k~ng fo.r ~opeye ~ $. ~atrons? .,,' I , ' .. :.o. " \ ' .. .. . .:. " ': . . . .,' :' :.: '.' "..:.~. . ." ... . . ": ....~. ':.:. ,". ;'.........,. .:....:...:.. .....,:...--...;:, . .~...~.."..~-~. . . '~:"''''''- ..' -- ,* .:....:. '.. . :": ::-,:.':;,:7:':,',::..:,c~~.:~;,'~n:"c~os~~~~'! ";~::;~~~~~:':~~ke',.::fot' s.~y ,tl,1at "we: :do ,n6e:.,~,e.grud'ge ,.Po~.eye:'-.~ t~e~~: suc~es's,~','. ' ..,.."..> :~':<:,Jllit":.only'.w.a"nf,:t'o,;c:o~exi'st!i,"'iil1'harmony with them.' After all, 1 do believe we are' . . . .'. '. '. .:~ ~ '.. ...,'.'. '.' .' '. . \.' . .alr :l".ie:i:~,/~:ecause: ,.~e enjoy boating, we enjoy Stillwater, and ask only that we , , " . .:. .:', .' ;---":,, . 'l b~ all-dw~~,:a J~ea~e.ful 'e.x~~tence .~n a safe ~nd' secure madna, free of harrasement. .. '.' ',~.. :.. ,'.' " ,'.;.":" ,.',', . " '':'', " I..' .:, ' . ., "" ,',..'. , , , \ " :.:..-.....--:---:--:--.._.~..:. .'.' '''-'-~.'-+--------''-'''_.'-' '"- . . ~ '.~: '. . . . i ' ,'. , . '..' ,', '1' . \ \ I . . '. .' .,. e @ @ DAVID MAWHORTER ) BLlC SAFETY DIRECTOR POLlCE CHIEF THE BIRTHPLACE OF MINNESOTA GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE MEMO To: D.P. MAWHORTER From: L.A. MILLER Date: 120391 Subject: RENEWAL - ON SALE LIQUOR APPLICATION HIDDEN VALLEY LOUNGE co-ownERS: DAVID GEORGE SMITH DAVID JONATHAN PAGEL STILLWATER P.D. CASE FILE # 91-559 ON 01229l A SEARCH WARRANT WAS EXECUTED BY WASHINGTON COUNTY SO AND STILLWARER POLICE AT THE HIDDEN VALLEY LOUNGE. THE WARRANT TURNED UP ILLEGAL GAMBLING TIPBOARDS, MONEY, ETC. THE CO-OWNERS ~.JERE CHARGED WITH ILLEGAL GAMBLING, GROSS MISDEMEANOR 0 ON 092591, SMITH AIm PAGEL PLED GUILTY TO ILLEGAL GAHBLING IN vJASHINGTON COUNTY DISTRICT COl:RT. SHITH AND PAGEL \.JERE EACE FnmD $ 520.00 AND GIVEN A 30 DAY JAIL SENTENCE WHICH WAS STAYED FOR ONE YEAR. NO OTHER REPORTS OF CRIMINAL ACTIVITY OR ALCOHOL RELATED OFFENSES. ~~ ~ ~:?Vj ~ -I'.-c..d"" ,.dfpaU!<e ~-#1 70- /li! rl e~<.J "/)5 /4'rJ J~~t/:t.- L'(., '7- ,r' ("It: &;v:U o? 44 .',elf..J.....' 212 North Fourth Street. Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 ~lrA Dh""A' ~1",A"O t:1"n \ MEMORANDUM TO: Mayor and City Council FR: City Coordinator DA: December 10, 1991 RE: PROPOSED ORDINANCE AMENDMENTS TO REQUIRE RESIDENCE OF COMMISSION MEMBERS As I pointed out in the attached memo previously submitted to you, the ordinance establishing/regulating some of our commissions do not contain residency requirements for its members as desired by the council. Therefore, I have prepared amendments to the appropriate ordinances which also accompany this memo. I would recommend the first reading of the ordinance on December 17, 1991 and the second reading on a subsequent (regular) meeting and perhaps on January 7, 1992. ~~ TO: Mayor and City Council FR: City Coordinator DA: October 28, 1991 __ MEMORANDUM j2J(l(qr RE: POLICY ON COMMISSION APPOINTMENTS/MEMBERSHIPS Accompanying this memo is a policy I drafted regarding appointments to the various boards, commissions and committees of the City. The draft policy is accompanied by Exhibit "A" which provides some summary data pertaining to the City's present commission. The summary includes residency qualifications, if any, for members. Residency requirements exist for some of the commissions but not for others. The Council did, on January 8, 1991, move to limit membership to residents of the City. However, this requirement, if it is to be a permanent one, should be included in the ordinance or resolution that is used to create the commission. The City Attorney should advise the Council on this matter. If time permits, I would like to discus~ the proposed policy at the meeting Tuesday. ( , ~-~ t e e e . ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 22.05, SUBD. 2 ENTITLED "MEMBERS AND TERMS" 1. AMENDING. The Stillwater City Code is hereby amended by amending Section 22.05, Subd. 2, paragraph 2 that shall hereafter read as follows: (2) These successors shall be appointed for terms of three years. Both the present members and successive appointees shall hold their offices until their successors are appointed and qualified. Vacancies during a term shall be filled by the Council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. All members shall be residents of the City and shall serve without compensation. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this ____ day of 19 Mayor Attest: city clerk ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 22.10, SUBD. 3 ENTITLED "MEMBERS AND TERMS" 1. AMENDING. The Stillwater City Code is hereby amended by amending Section 22.10, Subd. 3 that shpll hereafter read as follows: Subd. 3. MEMBERS AND TERMS. Said Commission shall have eleven (11) meniliers. The nine (9) members of the Planning Commission shall be ex- officio members of the Heritage Commission. Two (2) additional members shall be appointed by the Washington County Historical Society, subject to the approval of the City Council. These appointments shall be for three (3) year t~rms. All members shall be residents of the City. i 2. Saving. In all pther ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this ____ day of 19 Mayor Attest: city clerk 4 e e e . ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 48.00, SUBD. 1 ENTITLED "ESTABLISHMENT AND COMPOSITION OF BOARD" 1. AMENDING. The Stillwater City Code is hereby amended by amending Section 48.00, Subd. 1, that shall hereafter read as follows: Subd. 1. ESTABLISHMENT AND COMPOSITION OF BOARD. There is hereby created a Parks and Recreation Board for the City of Stillwater; pursuant to the authority given by Minnesota Statutes, Sections 471.15 to 471.19 under which the power of the City to operate a program of recreation and to manage its parks may be delegated to such a board . The board shall consist of eleven (11) members, composed as follows: one member of the city council appointed by the City Council, the seven members of the Recreation Commission that is being abolished by this ordinance and the three members of the Park Board that is being abolished by this ordinance. All members shall be residents of the City. Of the members appointed, five as designated by the City Council shall serve for the term ending January 1, 1987 and the other six as designated by the City Council shall serve for a term ending January 1, 1988. Thereafter the members shall be appointed by the City Council for terms of two years. Both original and successive appointees shall serve until their successors are appointed and qualified. A vacancy shall be filled by the Council for the unexpired portion of the term. A vacancy may be declared by the board in any case where a member is absent without cause at four consecutive meetings. Members of the board shall serve without compensation. At the beginning of each calendar year they shall select a chairman and a secretary from their own number with duties in addition to board membership implied by these titles. A majority shall constitute a quorum for the transaction of business. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this ____ day of 19 - Mayor Attest: city clerk <f ORDINANCE NO. II AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 49, SUBD. 1 ENTITLED "CREATION OF COMMISSIONS" I 1. AMENDING. The skillwater City Code is hereby amended by amending Section 49, Subd. 1 that shal~ hereafter read as follows: Subdivision 1. CREATION OF COMMISSION. There is hereby created and established a commission to be de$ignated and known as the "STILLWATER PORT AUTHORITY" of the City of Stillwate~. The said commission shall be composed of, in addition to the Mayor who shall! be ex-officio member of the commission, six (6) members. All members shall serv~ without compensation and shall be appointed by the Mayor and confirmed by the ctty Council. Such appointments shall be made within thirty (30) days after the p~ssage and publication of this ordinance. Two (2) members of the first commissiqn shall be appointed for a term ending December 31, 1940 and two (2) shall be appointed for a term ending December 31, 1942. At the first I regular meeting of thle City Council after the respective terms of the first commission have expircid, successors to the retiring members of the commission, I equal in number to thqse retiring, shall be appointed in the same manner as the first commissioners fqr a term ending three (3) years respectively after their retirement; and each tOmmissioner shall hold office until his successor shall have been appointed nd qualified. All vacancies in the commission, by resignation or otherw.se shall be filled by the Mayor with the approval of the I City Council for the tp.en unexpired term. Every person appointed to be a member a of the commission sha~l be a resident of the City. Before entering upon the ~ discharge of his duti~s,as commissioner, and within thirty (30) days after the date of this appointm~nt, he/she shall file in the office of the city clerk of said City an oath tha~ he/she will faithfully and honestly discharge the duties of his office. A majqrity of the members of the commission shall constitute a quorum for the transa~tion of the business. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this ____ day of 19 Mayor Attest: citf clerk e ~ . e ;SeI ENC/NEERS. ARCHITECTS. PLANNERS 3535 VADNAI5 CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612 490'2000 December 11, 1991 RE: STILLWATER, MINNESOTA CITY ENGINEER LOCAL IMPROVEMENT NO. 234 SEH FILE NO. 89114 Honorable Mayor and City Council City of Stillwater 216 North Fourth st. Stillwater, MN 55082 Dear Mayor and Council Members: e Tower Asphalt has reduced their request for the amount of retainage held since January 1988. They have submitted their affidavit of withholding for contractors and since they were the supplier for the all the materials, this is the only document required by the specifications as outlined in Mr. David Magnuson's letter dated August 29, 1991. We recommend approval of the final contract and payment to Tower Asphalt in the amount of $909.68. We are also enclosing our letter dated July 30, 1991 and David Magnuson's letter dated August 29, 1991 for your information. We also enclose background for this request as well as the copy of a letter from Tower Asphalt requesting final payment with their withholding affidavit certificate. If you have any questions please do not hesitate to contact the undersigned. Sincerely, Richard E. Moore, P.E. City Engineer REM/cmb Enclosure c: Diane Deblon, Finance Director David Magnuson, City Attorney Nile Kriesel, City Coordinator David Junker, Public Works Director e SHORT ELLIOTT HENDRICKSON INC 5T. PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN . --.. \ 'j ), , '(..... ..~ : ) 1..... . , ....seJ e ENGINEERS. ARCHITECTS. PLANNERS 3535 VAONAlS CENTER ORNE, sr PAUL. MINNESOTA 55110 612490-2CXXJ July 30, 1991 RE: STILLWATER, MINNESOTA CITY ENGINEER SEH FILE NO: 89114 Mr. Nile Kriesel, City Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Kriesel: e It has been called to our attention that Tower Asphalt, Inc. has not received a final payment for Local Improvement No. 234 which was completed in 1986 and 1987. This project included paving Center street, Meadowlark Lane north of South McKusick and the parking areas, for the Ci ty garage., The Contractor submi tted a partial payment on January 19, 1988 in which 5% was still retained. This partial payment was approved by the Public Works Director, David Junker. The 5% retainage amounted to $909.68.' Tower Aspha1 t is asking for interest on their retained amount from July 13, 1987 to July 23, 1991. The interest is $439.94. To my recollection, SEH prepared the plans and specifications and assisted the City in obtaining bids. The City actually handled the construction and we reviewed and approved the final quantities. The Contractor has requested payment of the retained amount and the interest to July 23 of this year. I am not sure how this matter was overlooked or the lack of coordination between Public Works and Engineering, however, I would be happy to discuss this matter with you at your convenience. Sincerely, Richard E. Moore, P.E. City Engineer REM/cih e cc: David Junker, Public Works Director Diane Deb10n, Finance Director SHORT ElliOTT HENDRICKSON INe ST. PAUL, MINNESOTA CHIPPEWA FALlS. WISCONSiN ,,~) MAGNUSON & MOBERG ATIORNEYS AT LAW THE GRAND GARAGE &. GAU,ERY 324 SOUTH MAIN STREET P.O. BOX 438 Snu,WATER, MN 55081 # '- Telephone: (612) 439-9464 Telecopier: (612) 439-5641 ..'. '~'l' K V ~ n " :; I '~E~~uP.ICKsoH~.t 29, 1991 David T. Magnuson James 1. Moberg r SHe; AUG 10 1991 Nile Kriesel City Coordinator City of Stillwater 216 N. 4th street Stillwater, MN 55082 ST~PAU[ RE: Local Improvement No. 234 Tower Asphalt Claim for Interest on Retainage Dear Nile: I have reveiwed the Demand made by Tower Asphalt for interest on retainage due on the contract for Local Improvement No. 234. This claim is outlined in Dick Moore's letter to you of July 30, 1991 . It is my view that no interest is due to Tower since they failed to satisfy Section 412 of the contract for this local improvement, dealing with the final application for payment. This contract provision provides that the final application must be accompanied by all documentation called for in the contract documents, together with complete and legally effective releases of waivers, an affidavit of the contract release that all labor and materials have been paid for, and further, in the special conditions, receipt by the City of the certificates of compliance from the Commissioner of Taxation that the contractor has complied with the provisions of Minnesota statutes 290.92 requiring the withholding of state income tax and wages for employees paid on the project. It is unfortunate that this was overlooked, but until the proper documentation is supplied by the contractor, no duty to pay this retainage exists. Please let me know if you have any further questions. Yours very truly, ])t- David T. M Stillwater DTM/sls cc: Diane Deblon, City Treasurer David Junker,.' Public Works Director Dick Moore, City Engineer ......." TOWER ASPHALT, INC. P. O. Box 15001 LAKELAND, MN 55043 OFFICE: (612) 43'6-8444 ..-. NAPA . flATIONAL ASPHALT PAVEMENT ASSOCIATION Diane Deblon Stillwater City Hall 216 North Fourth St. Stillwater, Mn 55082 November 27, 1991 RE: Retention Local Improvement No. 234 Dear Diane, In the hopes that we can get final payment of retainage on the Local Improvement No~ 234, I am sending you a completed I.C. 134. All labor and materials on the project were provided by Tower Asphalt and have been paid for. Since it appears that attempting to get interest on this will be futile, we will be satisfied with the $909.68 of retention that is due to us. Please let me know if there is anything else we need. I would like to resolve this soon. I'll call you in the near future to check the stat1s. (? , \ l.\ '. ' Sincerely, ) f/M &~//.vJ fr-dffLb ~0;l~T ? ~.-t~ f:-/~ ~d:b~r> f4- ffY~ ? ' Sanville EQUAL OPPORTUNITY EMPLOYER Rev. 9,'99 ...IIIJ:.I..~._...~ .........___... .___ __________ eomp.", "ern. ThIs aflld;\V1I must be approved by Ihe Mlnnesola Deparlmenl 01 ReV/mue belore Iho Slale 01 Mlnnesola or any ollis subdivIsions can make IInal paymenllo contractors. ~. ' ' \.. i 1 \t '. . . '. :\f f,;~ ~.. .~. < .---...- -- Mlroo",ola 10 __ Tower Asphalt Inc Addr.,. A POBox 15001 -fly 6""e Lakelm1d ~m 9300607 ZIp Code MonlhIye., wort< ""0"" S~~(J"", \, -... t.AonJI1Iy.... ........ endnd '.J~\ 1<1~1 ~~;;d.~B :3 '3, '7 "" So,. ~. (j q oq .~ g 1-1 ;1:] y ~+. \\ w ""~c II.' :.."..,^( \' C;\::J et. ~~.ltLJd..c. tc;'J'( 55043 lllephone """""" ((,.Jl.) <{ 3C - 8<fl/C/ Amounl allll due: Old you have employees work on this project? If none. explain who did the work: 'I r::>..j ft _~r.?!~~t numb!r: Project location: Pr~ect owner: Address ,-.0 Check IIle box that describes your Involvement In the projectsnd 1111 In alllnformalfon requested In Iflat category: ~ Sole contractor o Subcontractor If you are a subcontractor, rill 10 the name and address or Ihe contraclor that hired you: o Prime Contractor BusIness name If you subcontracted out any work on this proJect, all 01 your subcontractors must me their own IC-134 affidavits and have them certlned by the Departmenl of Revenue before you can file your affidavit. For each subcontractor you had, nil In the business Inrormatlon below, and aUach a copy of each subcontraclor's certified IC-134. (If you need more space, allach a separate sheet.) Address OwnerlOlflcer e is IrlClor and to an .ubconlJadorllf lam a p1lme conlredor, and to the contracting ,!pency. flUe . Olll. ~ ~_S-'- c f, I'':) t, /1. \ I ~ J I I For certlllcatlon, mall to: MInnesota Department of Revenue. BusIness Trust Tax Section Mall Slatlon 6610. Sf. Paul, MN 55146-6610 Cerllflcate of Compliance wllh Minnesota Income Tax Withholding law Based on records 01 the Minnesota Department of Revenue, , cnrtlly thai the contractor who has signed this certificate has lullllled all the requirements of Minnesota Statutes 290,92 and 290.97 concerning the wllhholding 01 Minnesota Income tax from wages paId to employees relating to contracl servIces with the slale 01 Minnesota and/or Its subdivisions. Signature of euthoNld o"".._...;;;n;;;.;;; olnct.. .: " ,'I.... l\ , ' .': j~. tc \ ~ ~ y....""..v\'L/1VK) NOV ~'6 199\ , __A e - : \ ~HltY~te~ TH;:'''T'''''' OF .,,""~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR ~ DATE: DECEMBER 11, 1991 SUBJECT: JOINT MEETING ON NEXT PHASE OF DOWNTOWN IMPROVEMENTS The Downtown Plan Action Committee met December 4, 1991 to discuss the Levee Wall Report. The Committee felt this would be a good time to meet with the City Council and get direction regarding next phase improvements. RECOMMENDATION: Set date for joint meeting with Downtown Action Committee. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 , , e r illwater ~ - - ~ ---- -~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR~ DATE: DECEMBER 11, 1991 SUBJECT: MINOR SUBDIVISION REQUEST AT 229-243 SOUTH MAIN STREET, BOB MCGARRY, APPLICANT. e The request is for Bob McGarry, owner of the Silver Lake Restaurant building, to purchase 1.49 feet from the property owner to the north, Fred Brass. The McGarry building apparently encroaches on the Brass property. The request is a technical correction to lot boundaries and does not affect land use or zoning. RECOMMENDATION: Approval/Resolution. CONDITION OF APPROVAL: 1. The deed and lot description shall be reviewed by the Ci ty Attorney. e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG JAMES F, LAMMERS ROBERT G, BRIGGS PAUL A, WOLFF MARK J, VIERLING VICKI L, GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER (612) 439-2878 FAX (612) 439-2923 December 9, 1991 Mr. steve Russell Director of Community Development City of stillwater 216 North Fourth street stillwater, MN 55082 In Re: Lot 5, Block 28, Original Town, now City of stillwater Dear steve: Regarding the above-entitled matter and pursuant to your request, enclosed please find a copy of the survey prepared by Barry Stack, which sets forth the encroachment of the McGarry building onto the Brass property. Hopefully the enclosed sufficiently describes the problem we are attempting to correct by means of the exchange of Quit Claim Deeds, which Deeds require the approval of the City of stillwater. Should you need additional information, or should you have any questions regarding the enclosed, please do not hesitate to give me a call. Assuming that you now have the information you need, it is my understanding that you will submit this matter to the City Council for approval. Thank you for your cooperation to date regarding this matter. JFL:dmr Enclosures c: Bob McGarry Very truly yours, /"./ "-,-~'~" V-~n~;>/ ;.. ..~-::-~~..,...e'~ :I _.... Lammers .Y"ArN \... \- \ May 1981 Scale' I": 10' ~ ..1, ClrL.aYUGI' OIl v\u ..c,", ~ /( ~\..;r ~';;ul;':: ~.=;'" .\' 0C2'W0I""'...... . s.. tIW .,..d.n-S 11..'- 01: th. a.., STILLWATER, ~ .-..' ~':':::='':~\ , \ ~ ~.. crts.-. _ _&.UU .~ \....0-"' ...-~ .,...ac~U'iOlt~, '. . 40" \ ,; AUIt. ,........._!"'.....au-cJ. i ~ ,.. ~.. \ ",j\ t!W~..el~-' , Surveyor ''. \.l--' \ ~, ....--........-....... I I ,;-. \ \ ~\ r;.~.::-~r:~~~~. ~ t:;.';'~. \.l--' \ ....--- w...... - I , , ~ :.:;::[=~::..==', '\\(~\ . =~.tQ(~~~(.:;..: ; tUQ~.t.J,. \ . ' \ \ \ \\ :"\', .( \ \ -\ \. \ .~ Y .\5 \ ~-"\ \--~ \ \ .f i,ff \' \ CERTIFICATE OF SURVEY 455903 PART OF BLOCK 28. ~.~~..~~!~:.~:. ,... Focl -. 271:1 5amt AlVILU ~11t. :.tM L.t4. :'ltN-CSw"'T" ~ ~ ~ ~. -~ \ 4~",""",i~ '0 P'llry r&lJ..s "'-4..ta1 '.' ...." ~ A ?. ,'~' \ \ ca., ..' ~ e i 6': v \)~ 'r" ":t. ...l 0- . ,'f ...oJ L:;-r <5 1l'9rottot. c..nJfY cr-.' tI'I:. r_' __ p"~.d iii! ... ......n'a..... .w! ~, t .: 1....-d~......,.,..., 01 ~2I-~ ~ CIi~~..z:.,.-4Y ~ e e f' e e , M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DECEMBER 12, 1991 COUNTY GOVERNMENT CENTER PARKING RESTRICTIONS As a condition of approval to the Washington County Government Center Master Plan, IIA parking lot management plan indicating employee and visitor parking shall be prepared and enforced as needed to maximize use of the on-site spaces. II The County is requesting to restrict parking on the south side of 62nd Street from Oxboro Ave. 400 feet to the east and on Oxboro Ave. from Upper 60th Street North to a poi nt 650 feet to the nortil. (See attached map. ) The reason stated in trle letter from Washington County for the parking removal is to open up si te di stance for auto access to the Government Center. According to the parking information submitted by the County as a part of their PUD application, there should be adequate parking on site to accomodate center parking demand. According to the plans, there will be 929 parking spaces provided (442 surface and 487 ramp). This number should provide for parki ng demand. "The removal of the 40 on-street spaces should not affect the parking situation. If County employees and visitors do not park in ttle on-site spaces, further parking restrictions may be necessary to confine parking to the site and out of adjacent residential areas. Recommendati on: Approval of parking restrictions on south side of 62nd Street North, beginning at Oxboro Ave. and extending 400 feet to the east and Oxboro Ave. starti ng at Upper 60th Street North runni ng north 650 feet when 929 on-site parking spaces are completed and available for County activity. SR/ml j Attachments WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT ,,660 MVEAON ROAD NORTH. STILLWAYEFI. MINNESOTA 66082.9673 812-489-6058 FaO$lm~$ Ma;hine 612-430-0472 i{~-y<;'D OQl1ald c. Wl6nleW*kl, P.!., DlrGCfOf Public Wcrl<alOcunlY I!tI$1M Mark l.. Malt$on. Ast;istan~ OilW~r P~I)I: WorM t fUcMrd D. HIlI'CId, O;}~igfl/C(lnalruclton e~r JOhn P. Perl<oV\~, F'at1i4 Oirootot Lewrsnct W. 1S000tlql,lot, Traffio and Malnl8flance EngllltOI Lyle C. Doerr FacUlly,Mana96' OctQber 17, 1991 Mr. Nile K~iesel. Coordinator " City of Stillwat r 216 N.. 4th St, Stillwater, MN 55082 RB: Government ~enter Area Parking Restrictions Dear Mr.. Kriv..-1':ill ~ As follow up to recommendationa made bi Steve Russell of your off1ee, we have r~viewe4 tbe on-street ~arkino adjacent to the e Wash1ngton County Government Center from a safety standpoint. Based on that rev~ew, we requeat authorization to eliminate parking on the south side of 62nd Street North between Oxboro Avenue and a point 400 feet east, and also on the east eide of Oxboro Avenue fro~ Upper 60th Street North to a point 650 feet north. The remov.l of thi. parking will allow adequa~e sight 4istance for traffic .nter1ng and leaving the Government Center parking lots. ! Upon receipt of YQur authorization, Washington County will place the necessary No ~.rk1ng signs. If you have any q~$$tionB regard in, ~his matter, please give me a call. . Sinc~rely, ~e. W. Bousqu~t Traffic and Maintenanc$ Bngineer tWD:c: c0"d ~"IIt.l ~Ut:lll t"\VU';Jr.JT f'\CtPf'lQ"t"IIt.n'TV I A l!'...,,,,,.. .......:- . --.-.. II 01 . 'iN r 1-l=lC:: I.ln).u hh . el.... Cl31ljMlll1S e4 , ~6' ~ PrlnlDd "" R.""f'lwI Po""", TrrT' 10'""10 ....._. I SEH FILE #: ~_I/ 17/r;/ -Sat ~.MQtIlliCTS.1'I.ANNIUlS 3535 Vadnais Center Drive St. Paul, MN 55110 DATE: Telephone (612) 490-2000 ATrENllON: COMPANY; PHONE NO. s; 4$'1-10/2../ G/t/)?~tJ)'m~ FAX NO. FROM: NO. OF PAGES TO FOu..oW TInS COVER SHEET: SUBJECT: ?iI/ell') ~/,I 'I- FAX (612) 490-2150 :39--0156 1ftransmisston was not recewed. properly. please contact the s at the above phone number. SHORI'..ELUOlT-HENDRICKSO , INC. e ~ ,.. . I r t 171 (~ ~L C FOR YOUR CJ Information .,. o Records ~ o RevIew o Distribution REMARKS: e er SHORT eUJCrf HENDRIC/ISON IN'- Sf. PAUL. MINNesorA lO"d ~31~MllI1S 01 OJ I H3S WO~~ tt:80 l66l-~O-~ON CHIPP~ FIV.1S, WISI:ONSJN .-... . 668661 . f ';,J STATE OF MINNESOTA CITY COUNCIL PLANNED UNIT DEVELOPMENT PROCEEDINGS. e CITY OF STILLWATER In the matter of the Plann ng Case PUD/90-80 No. Request By: ORDER GRANTING PLANNED UNIT DEVELOPMENT APPROVAL WASHINGTON COUNTY GOVERNMENT CENTER Owner The above enti tl ed matter came on to be 15th day of January Special Use Permit pursuaqt to the City Code property: . i I d Id' . See attacne property i escrlptlon. heard before the City Council on tile , 1991, on a request for a for the following described Purpose: Request to modify the Washington County'Master Pl anned Uni t Development Approval for a future courts addition and administrative office expansion and final PUD approval for the new Law Enforcement Center. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that Planned Unit Development approval be granted upon _ the following conditions:/ (If no conditions,_ state IINonell.) ., i See attached Conditio~s of Approval. tJ.; .2~ - day of ~ , 19~ ~ May 0 r e Dated this (le (tit CONDITIONS OF APPROVAL 1. No regular improved access shall be available from Paris Avenue North to the Law Enforcement Center. 2. Washington County shall install a traffic signal and improve Osgood Avenue from Highway 36 to Orleans by November 1993. The plan shall be reviewed by the City before construction commences. 3. After State MnDot has made a decision regarding interchange access and frontage road location for upgraded Highway 36, the county shall conduct a study to see how the changes will effect access to the county government site and make improvements as necessary to accommodate traffic on major Collector street and out of residential areas. 4. The comments of the City Engineer regarding sanitary sewer, water and storm sewer improvements to the site shall be addressed in the final plan. 5. The County shall obtain necessary utility connection permits from Oak Park Heights before building permits are issued. 6. Nine hundred and twenty-nine regular parking spaces (442 surfaces and 487 ramp) shall be provided. 7.. With Phase II and Phase III construction parking demand shall be re- evaluated based on parking demand conditions and additional parking provided as necessary. e 8. The street vacation request shall be approved before building permit are issued. 9. Comment from City Departments including the Water Department, Public Safety Department and Public Works Department shall be addressed in the final plans for the site before building permits are issued. 10. A parking lot management plan indicating employee and visitor parking shall be prepared and enforced as needed to maximize use of the on-site spaces. 11. An Evergreen screen shall be planted between the south parking lot and lots adjacent to 60th Street. e , DAVID T. MAGNUSON ~.TTORNEY AT LAW SUITE # 203 THE GRANO GARAGE 324 SOUTH MAIN STREET STILLWATER. MINNESOTA 55082 (612) 439-9464 December 11, 1991 Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 RE: Curvecrest Properties 1901 Curvecrest Boulevard Request for Reapportionment Dear Nile: Enclosed is a letter received from Kevin Shoeberg, the lawyer representing Curvecrest Properties. I assume that you can place this reapportionment request on the Council agenda for the 17th of December. It would be helpful if you could notify Mr. Shoeberg of that. He can also answer any questions you might have or obtain the necessary signatures. Call me if you have any questions. Yours very truly, ~ David T. Magnuson DTM/sls Enclosure cc: Kevin Shoeberg e DEe 1 .. 1991 LAW OFFICES OF ECKBER\G, LAMMERS, BRIGGS, WOLFF Be VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 e LYLE ..J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK ..J. VIERLING VICKI L. GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER (612) 439-2676 FAX (612) 439-2923 December 10, 1991 I I I I . I Davld T. Magnuson~ Esq. stillwater city Attorney 324 s. Main street stillwater, MN 55082 Re: curvecr~st properties 1901 cu~vecrest Boulevard Dear Dave: This firm re~resents Curvecrest properties, who owns a building located ~t 1901 Curvecrest Boulevard, stillwater, Minnesota. We recently requested that the County Auditor- Treasurer combine the two parcel numbers, which are 10200-2300 ~ and 10200-2325, as the building occupies both parcels. Enclosed you will find a notification that the property cannot be combined as a result of a ~pecial assessment balance on the properties. On behalf of '. our clients, we are requesting a letter from the municipality, stating that the assessments will be recertified to th~ new parcel so that the parcels can be combined by the Auditor-Tr~asurer's office. I I If you have ~ny questions or you wish to discuss this matter in further detail) please do not hesitate to contact me. For your reference, lam also enclosing a copy of the request for combining property. Y7Zry?~, ~~'in K. Shoeberg 6 KKS:go enc. e ~ Washington County Government Center Office of Auditor-Treasurer 14900 6Ist Street North Stillwater, Minnesota Notification That Property Cannot Be Combined As Requested Date: November 25,1991 Name: Curve Crest Properties Address: 1901 Curve Crest Blvd City,State,Zip: Stillwater, MN 55082 Dear Property Owner, This is to inform you that your property will not be combined because it does not meet the criteria to combine property. See below for an explanation. Ownership is not exactly the same on .all parcels. The legal descriptions cover property that is in more than one plat. e The legal descriptions are metes and bounds and would cross section lines if combined. Taxing jurisdictions are not the same on all parcels. Taxes are not paid in full on the properties to be deleted. Return the form with payment and properties will be combined. XX There is a special assessment balance on the properties to be deleted. Return form with receipt of payment or with a letter from the municipality stating that the assessments will be re-certlfied. There is a watershed assessment balance on the property to be deleted. Return form with remittance of balance. The balance is If you have any questions, please call 430-6183. Sincerely, R. H. Stafford Auditor-Treasurer e 1 e R.H.STAFFoRD WASHINGTON "COUNTY AUDITOR TREASURER ,14900 61 ST STREET, NORTH ~TILLWATER, MINNESOTA 55082 ! (612) 779-5408 REQUEST FOR COMBINING PROPERTY ADDRESS (. u €- V G L ~G s-r- qtLOP etZ-T \ E-> CUR-viE c.,k6""s-r St.-IIO , ~IILt....WPr-Terl... IvY1N . I I /qo I NAl'lE 5.5o<gz.. PHONE (H) (W) 43'1 - 21.,7'g - (J,..'\"ry -!.CoVIN SHO <2 ~ctZ..j PROPERTY I. D. NUMBERS TO ,BE COMBINED 10 .:toO - ~ so 0 I a- I c:>2.oo-2.3;ZS I request that the above ~roperty be combined because , M~reL2 ~- ~~Q ~,~J)>>:J e I understand that if I e~er want the property divided again, I will have to get approval from the ~unicipality. Property will not be com~ined over section lines if the following conditions exist: \ 1. Parcels to be combined are in different school districts or differe~t taxing jurisdictions. 2. Combination of!. legal descriptions would require the Auditor-Tr~asurer's Office to modify an existing record keeping sy~tem. THIS PROPERTY WILL BE COMBINED WHEN ALL ALL ASSESSMENT BALANCES nUE ARE PAID ON PROPERTY TO BE VOIDED. /1-2/-41 CURRENT AND DELINQUENT TAXES AND OR BEFORE SEPTEMBER 1ST "ON THE Date (Signed) /~ - c~. 1/2/87 e e e e MEMORANDUM TO: Mayor and Council FR: City Coordinator DA: December 13, 1991 RE: CURVE CREST PROPERTIES Accompanying this memo is a request of CUrve Crest Properties to reapportion (combine) the assessments of the properties located at 1901 and 1845 Curve Crest Boulevard. The deferred assessments are as follows: 10200-2300 10200-2325 Total L.r. 257 $2,700.19 $3,513.83 $6,214.02 L.r. 218 18.61 18.95 37.56 L.r. 250 191. 08 201. 69 392.77 Total $2,909.88 $3,734.47 $6,644.35 The amount certified (principal and interest) to the County in 1991 payable 1992 is as follows: 10200-2300 10200-2325 Total L.r. 257 $ 586.34 $ 763.01 $1,349.35 L.r. 191 21. 81 23.31 45.12 L.r. 218 8.69 8.85 17.54 L.r. 250 44.77 47.26 92.03 Total $ 661. 61 $ 842.43 $1,504.04 Apparently a deed restriction of some kind will be necessary in order to approve combining the two parcels. steve Russell and Dave Magnuson will advise the Council on this matter and with that understanding I would recommend adopting a resolution approving the assessment reapportionment. ffi~ Mn/DOT TP.21840-02 (5/83) j Sheet 1 of 2 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CHANGE ORDERN 11 e Cont,actor Johnson Brothers Corporation S.P.Na. 8214-106- & 8210-88 S.A.P. xfXR. No. 169-106-04 &. 169-104-06 Addren Suite 421C, 421 S. Main St. Stillwater, MN 55082 JobLocotion C:it-y nf ~t-illw<'lt-pr Contract No. In occordonce with the terms of this Contract, you are hereby authorized and ins t ru c t e d to perform the War k as altered by the fallowing provisIons: w~EREAS: The City has added additional work onto the project, thereby delaying completion of the project, said extra work being documented by the Contractor in a document on file with the City Engineer, said document being dated November 18, 1991, and also WHEREAS: The extra work added to the contract delayed the placement of Type 61 Bituminous Wearing Course beyond the cut-off date in the specification, THEREFORE: 1. The contract completion date shall be deleted. 2. The Contractor shall be granted winter suspension beginning November 22, 1991 with said work to begin within two (2) days of the lifting of road weight limit restrictions in the spring of 1992, furthermore; the suspension shall be in accordance with Section 1404.7 of the Standard Specifications for construction except as modified below: e ESTIMA TED CHANGE IN COST IT EM NO. ITEM NAME UNIT QUANTITY CONTRACT AMOUNT UNIT. PRICE TOTAL S CHANGE IN CONTRACT TIME Issued by (])J.,."-~ '; P'olect/Re'5:d~nt/County EngIneer ~//olii 100.1 Due to this change tho Contract T,me: ,ncreased (Xi b h 0 Working IX) o. IS decreased (0,',.) y- Calendar (') day s. Approved by b. oS not changed ( ). c. may be rev; sed ,f the work e affected the controlling operatIon ( ). Ass't. District Engineer Dote Aceepted by h~;f Utf~1/tr- Con'foetor., Author. red Repr~sento',vf! U(~I q i Dote Original to Contractor Copy 10 Conlr. Admin. Engr. - Salmon COpy to ProJect Engineer - Pink Copy to Materials Offic.e - Goldenrod Accepted By Mayor of Stillwater Date Rrfc-f '0 Conlo'. ~nvol 5 -591 100 &. J67 Mn/DOT TP-21840-02 (5/83) 2( Sheet 2 of STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CHANGE ORDER jfl.l 11 Johnson Brothe~s Corporation S.P.No. 8214-106 & 8210-88 e Controctor Address F.P. No. Job Locotion Contract No. In occordonce with the terms of this Controct, you ore hereby authorized ond ins t ru c t e d to perform the War I. os altered by the following provisions: a. Change Department to City of Stillwater throughout b. Change the first and second sentence of the second paragraph to read: During periods of authorized winter suspension, the City of Stillwater will, at its expense, perform routine maintenance such as snowplowing, but the Contractor shall be responsible for any maintenance direct~y related to the 1991 construction activities such as bitclminous break up or potholes in the newly paved sections. The Contractor will be responsible for the maintenance of all traffic control devices thereon. 3. Change the jcontract to require that all work will be completed ~nd ready for final payment within 60 working days of the timl work commences in the spring of 1992. e ESTIMA TED CHANGE IN COST UNIT QUANTITY CONTRACT AMOUNT IT EM NO. IT EM NAME UNIT PRICE .. TOTAL $ CHANGE IN CONTRACT TIME Issued by Prolec,/Res;.:Jent/Covnty En91nC't:" Dote Due to thi. change tho Conl,ocl T,me: .ncreosed ( ) a..s decreas.d ( ) by b. .s not changed ( ). c. may be re'tised of the ....ork affect.d the controlling operolton ( ). Working ( Colend~r ( day.. Approved by Ass't. District EngIneer Dote A ccepted by Confloc'Of', AufhorllC'd Rep,e\C'nto',vC' Dote Original to Contractor Copy to Contr. Admin. Engr. - Salmon Copy to Project Engineer - Pink Copy to Materials Offic" - Goldenrod R..fe-, to Con,t Manval 5-591.200& 367 MN/DOT TP-02134-D3 (5/88) STATE OttMINNESOTA DEPARTMENT OF TRANSPORTATION . Supp. to Contract No. SUPPLEMENTAL AGREEMENT No. ntraclor: Johnson Bros. Corporation Address: Location: Suite 421C 421 South Main Street Stillwater, MN 55082 Pro. No. Dept.lDiv. Account 1.0. C.CD.1 C.CD.2 TYPE OF A40 ( A41 ( Dated TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated 1 Sheet~ of~ Federal Project: State Project No.: S.P. 8214-106 S.P. 8210-88 Stillwater, MN S.A.P. 169-104-06 Amount C.CD.S Number Entered by Entered by Number This contract is amended as follows: 1) wliEREAS; fire stubs and storm sewer stubs will be extended through building foundation walls,and WHEREAS; unit prices need to be established for these materials and work elements of opening and patching, to measurement by the EACH. THEREFORE; it is agreed that the following unit prices shall apply and be payment in full for all necessary materials, labor, and equipment: e Item Funding Source 0503.602 Type ( ) Stub Wall Closure City Unit Price Estimated Quantity Estimated Cost $ 225/EACH 94 $21,150 2) WHEREAS; for maintenance of traffic in certain areas, it is necessary to utilize "high early II strength concrete to ac- celerate curing time,and WHEREAS; unit prices needed to be established for these materials and work elements. THEREFORE; it is agreed that the following unit prices shall apply and be payment in full for all necessary materials, labor, and equipment: Item Funding Source - 2531.601 B-618 Curb and Gutter (H.E.) 60% State 40% City OVER. .. APPROVED: Commissioner of Administration APPROVED: Commisisoner of Finance By By Dated Dated Original to State Auditor - Copy to Agency Unit Price Estimated Quantity Estimated Cost $5.80/L.F. 1200 $6,960 Original Contract D.:\ta:F . - D~t~~ /1/19/ ..f?Jl~4 Pf7t/~- ~ne~ Dated 'yq/qr . '1' ~~tar- COntractor Approved as to form and exe~ution Dated District Engineer Assistant Attorney General Dated Agency Head ... ... 3) WHEREAS; to expedite completion of areaway closure at Kollinerls Clothing Store (Sta. 8+50 pn Water Street), three abandoned fuel tanks were removed and disposed of, land a WHEREAS; prices need to be established for the removal and disposal of these .., tanks. THEREFORE; it is agreed that the following prices shall apply and be payment in full for all necessary materials, labor, and equipment: Funding Unit Estimated Item Source Price Quantity Remove Small City $ 350/EACH 2 Tanks Remove 51 Dia. City $1,050 1 x 13 Tanks Estimated Cost $ 700 IZIlA/j $1,050 Total Change in Contract Amount this S.A. No.1: $29,860 Base Bid: c.o. No.1: C.O. No.2: S.A. No.1: TOTAL: $4,579,818.50 2,718.50 89,360.00 29,860.00 $4,701,757.00 e e LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 91-238 e Ace Hardware American LinenSupply Arrow Building Center A T & T A T & T Barthol, Robert Blevins Concession Supply Bryan Rock Products Capitol Communications Cargill Salt Century Power Equipment Clarey's Safety Equipment Croix Oil Company Croixside Printing Earl F. Anderson & Assoc. Frito - Lay, Inc. Fritz Company, Inc. GAB Business Services Greeder Electric H & L Mesabi, Inc. Holmsten Rinkmaster IPMA - Minnesota J. H. Larson Electric Johnson Bros. Corporation 'Johnson, Mary Lou Junker Sanitation Service Lace Company Lee's Stillwater Photo Lily Lake Imprest Fund Magnuson, David Metz Baking Company Miller Excavating, Inc. MPELRA Mn. State Board Accountancy Mn. Correctional Facility M. J. Raleigh Trucking Northern Hydraulics Otis Spunkmeyer Pepsi-Cola Company Polar Chevrolet Russell, Stephen Safety Kleen St. Croix Animal Shelter St. Croix Car Wash St. Paul, City of Short Elliott Hendrickson Snyder Bros. #16 Sorenson, Renee Standard Spring Alignment Shovels/Paint Supplies $ Linen Service Lumber/Plywood Leased Equipment Lease/Rentals Reimburse-Tags/Clips Concession Supplies Washington Park Repair Pagers Salt Sno Blower/Bar/Bracket 2 Adapters Oil Envelopes Sign Blanks Concession Supplies Concession Supplies Insurance Claim-Asmus Outlet/Heaters Plow Blades Supplies-Arena Membership-Kriesel Shatter Shield Secured Retainage Reimburse-Decorations Lift Stations/Garage Mouth Guard/Tape Photo Work Reimburse Fund Legal Services Concession Supplies Snow Removal Membership-Kriesel CPA License-Deblon Printing Snow Removal Battery Charger/Compressor Concession Supplies Concession Supplies Repair Squad/Truck Seat Mileage/Map Mte. Parts Washer November Charges Squads Washed Repair Ladder Truck Engineering Animal Food Skate Instructor Arm Kit/Tube 156.24 33.80 102.55 47.63 146.20 64.24 494.80 177.43 79.85 2,957.13 870.18 319.56 352.70 345.00 1,299.00 59.64 428.55 29.50 691. 40 959.22 107.84 15.00 531.65 ~189,507.l6 11. 91 394.05 259.39 5.75 172.29 6,938.00 71.44 90.00 100.00 10.00 150.60 6,553.75 1,254.69 74.00 616.75 402.04 28.75 94.00 253.00 24.00 1,010.20 6,933.94 4.93 150.00 750.01 Stillwater Area C of C Stillwater Book & Stationery Stillwater Motor Company Suburban Propane Thompson Hardware Company Thompson Hardware Company Tower Asphalt Truck Utilities U. S. West Communications Valley Auto Supply Valley Sewing & Trophy Van Paper Company . viking Office Products Watson, Dennis Wybri te, Inc. Yocum Oil Company Zee Medical Service ADDENDUM TO BILLS American National Bank Commissioner of Tran'r portation Courier, The Croix Oil Company I Crysteel Truck Equip~ent Ecolab Pest Eliminations Everett, Jack Fred's Tire Company Govt.Finance Officers Assn. Johnson Bros. Corpor~tion Kriesel, Nile I Lehmicke, Greg Metropolitan Waste Cbntrol Commission Minnesota Dept. Revepue North American Life ~ Casualty Price, Monica Stafford, R. H. Wash~ngton County Treas. . Stefan Associates i Superintendent DOCumjl nts Uniforms Unlimited I Wardell, Leslie . Wear Guard Centennial Luncheon Supplies Wiper Assy. Propane Supplies Supplies Final #234 Plow Cutting Edge Telephone Service Auto Parts Name Plates Paper Towels Supplies Programming Mte. Agreement Fuel Oil First Aid Supplies Paying Agent Fees Inspections Publications Gas 2 Filters Pest Control Film/Processing Tires Newsletter Payment #6 Reimburse-Lunches Snow Removal Sewer Service Charge Sales Tax-November Health Insurance-Johnson Mileage Property Taxes-Cottages Lily Lake Project CPI Detail Report Uniforms Reimburse-Paint/Supplies Uniforms-Fire Adopted by the Council this 17th day of December, 1991. APPROVED FOR PAYMENT I I 80.00 428.57 91.65 140.47 184.78 236.63 909.68 73.00 1,754.79 1,404.16 46.56 189.00 421.43 175.00 158.00 139.20 79.15 e 110.00 1,221.89 72.00 6,239.18 40.08 195.00 12.83 756.00 35.00 450,179.25 25.00 280.00 e 76,701.00 11,273.16 120.00 6.75 227.39 371. 72 23.00 466.57 141. 76 130.45 e e e e ~ CONTRACTORS APPLICATIONS December 17, 1991 Raymond E.Haeg Plumbing, Inc. Excavators 7226 Cedar Ave. So. Richfield, Mn. 55423 New New Mecn Companies, Inc. 1633 Eustis St. Lauderdale, Mn. 55108 Fire Protection Systems New North Oak Homes, Inc. 3634 Hadley Ct. Oakdale, Mn. 55128 R. L. White Builders, Inc. 1424 80th Ave. N.E. Spring Lake Park, Mn. 55432 General Contractor New General Contractor Renewal e e e ., Nelson's Dairy 920 West Olive street Fina Serve Inc. #616 103 North Main street Fina Serve Inc. #615 1750 South Greeley Street River Valley Athletic Club 1826 Northwestern Avenue 1992 CIGARETTE LICENSES FOR CITY COUNCIL APPROVAL DECEMBER 17, 1991 1992 3.2 ON SALE BEER FOR CITY COUNCIL APPROVAL DECEMBER 17, 1991 Renewal Renewal Renewal Renewal .' BEUGEN & IVERSON, LTD CLARK M. IVERSON STEVEN H. BERNDT" THOMAS M. ZAPPIA" DONNA J. PIAZZA ATTORNEYS AT LAW OF COUNSEL ROBERT J. BEUGEN 2300 CENTRAL AVENUE N.E. MINNEAPOLIS, MINNESOTA 55418 TELEPHONE (612) 781-2788 TELECOPIER (612) 781-2638 LEGAL ASSISTANTS ANGEL DAHER-EGGERS LISA L. DUNHAM December 5, 1991 Ms. Mary Lou Johnson city Clerk city of stillwater 216 North 4th street stillwater, MN 55082 RE: Notice of Claim/Grand Garage Our Client: Ronn Hechter Our File No. 12323 Dear Ms. Johnson: Enclosed and served upon you by united states mail please find the Notice of Claim of Grand Garage. Very truly yours, BEU~EN & IVERSON, LTD. j~~);~a~~~ DJP/jcs Enclosure cc: Ronn Hechter " Real Property Law Specialist, certified by the Minnesota State Bar Association e , . .. NOTICE OF CLAIM TO: MARY LOU JOHNSON, CITY CLERK CITY OF STILLWATER 216 NORTH 4TH STREET STILLWATER, MINNESOTA 55082 YOU WILL PLEASE TAKE NOTICE, That the Grand Garage of stillwater, a Minnesota Partnership, owners of the Grand Garage, have been damaged as a result of the negligent street construction during the stillwater Downtown Improvement Project during the summer of 1991 for which the City of stillwater entered into a Construction Contract on June 10, 1991. The following property damages were sustained by the Grand Garage and are continuing: 1. 2. 3. 4. 5. e 6. 7. 8. 9. e Lee's Maintenance Service for floor damage, window cleanup Sepma Electric-Extra Lighting Removal of post lights which have not been reinstalled Owens Service for filters & air conditioning repair united Operations-air conditioning filters Extra janitorial supplies Broken window from gravel on door Quezner Electric-electrical rewiring Loss of Rent for July through November as follows: $3,232.00 1,400.00 100.00 2,313.00 545.00 1,120.00 190.00 107.00 American Buddha Esteban's Yoshi Micky's Cafe Uniquely Minnesota Port of stillwater Sophistication I 1,200.00 15,480.00 1,600.00 10,300.00 11,800.00 6,400.00 1, 500.00 $ 57,287.00 TOTAL: This Notice is given pursuant to Minnesota Statute S466.05. The law firm of Beugen & Iverson, Ltd. has been retained by the Grand Garage of Stillwater to act as their attorneys in this matter. BEUGE~ & IVERSON, LTD. j :J'-- i.., I / r J . " By ;\/ O/1A-l.-O-J . (/14-iJ,(f- Donna J. pi za, #155 3' Attorneys for Grand Garage of stillwater 2300 Central Avenue N.E. Minneapolis, MN 55418 (612) 781-2788 /J Jt 10/1 h "Luj LJ{1/l .<.--'.. CLAIM AGAINST CITY OF STILLWATER e NAME OF CLAIMANT IItcij;f?! e. ;..blcle,.. ha c./' ADDRESS ~t.:>3q Sll.(()le0 r!,i ~Slcv.ldAJ PHONE No.139-t/b/2 -WHEN DID EVENT DCCUR1!!h toac( in -/J.o,,~ o{l house WHERE DID EVENT OCCUR? Satk;dcur /llght-,I vOtJ. do, 199 / WHAT HAPPENED? 7h~ .:5h6Wp/ow t;D6L OUr ~/LhljY o-f'-P :CS I .sf...a he/... al?d 6rOke /tf: /n -5e{)e;-a~ JDtPC e S 0 7h~ LdoocL \ I ;SOli nf'f?f,ed . I WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? S~D6J;/at.d f!am<2 b ds-e..-- --6 hot2116d e STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED 1/..eI.J/d1r S tJ4JPer slui:Rd (!6~&o{] )?,a,166 'I- ~ocdr?h /" Ski)Le 0-/' hOLl Sf!) Cl& h(!i4Je<?A I ~ ~ !fc,6-/8tJ < NAME OF PERSON MAKING REPAIR; OR GIVING CARE..::L -&-IPoI ~ ~/f?Ce tr( iCJ~i6'(:l"" / , bu. -I:- rnavll1 f'eCe!; OIre 11-115<;'/~J ... If t<>>"S t:--{ercl {/7' -hrn 6# sta,nq ~c. ~ ( ~rTt ( 9!~ ~iG~ du ~ You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. e e e e Mary Lou Johnson, Clerk City of Stillwater 216 N. 4th Street Stillwater, MN 55082 DAVID T. MAGNUSON ,I\TTOHNEY AT LAVv' SUITE #203 THE GRAND GARAGE 324 SOUTH MAIN STREET STILLWATER. MINNESOTA 55082 (612) 439-9464 December 9, 1991 RE: Claim of Lillian Wolters Dear Mary Lou: The enclosed letter received from Dr. Torgerson should be considered a claim against the City, made on behalf of Lillian Wolters. This should be forwarded to our insurance carrier for investigation. Please call me if you have any questions. Yours very truly, ~ David T. Magnuson DTM/sls Enclosure cc: McGarry-Kearney Agency 243 S. Main Street Stillwater, MN 55082 DEe 0 9 1991 TORGERSON, NELSON & FLODIN, D.D.S., P.A. BYRON R. TORGERSON. D.D.S. DAVID P. NELSON, D.D.S. PHILlPV. FLODIN, D.D.S. e December 5, 1991 Dave Magnuson, Stillwater City Attorney 324 So. Main, Box 438 Stillwater, MN 55082 RE: Li 11 ian ~Ol ters ! Dear Dave: My purpose in'writing is to inform you of the dental treatment Lillian Wolters is in need of at this time. She lost her second front tooth while chewing and it is obviously the result of a fall she had whileiwalking on sidewalks in the city. I I A dental hist$ry of what occurred is as follows: I saw Lillian on August 28, 1990 and noted that her left maxillary lateral incisor ~ (tooth #10) w*s fractured off leaving a root in the bone. Her left ~ central incisor (#9) was displaced upward. She said the fall occurred a couple of weeks ago but did not want anything done. Her daughter, Carol Rosenwimkle, relates that you were contacted at this time. Now the disPllced tooth has fallen out, and the remaining root tips are infected ~nd must be surgically removed. I will be placing a four-tooth fi~ed bridge to replace the two upper missing front teeth. Lillian really wants and needs this dental treatment now that the second tooth ~s lost. Proper phonetics are very difficult. I Dental fees cpvering all of Lillian's treatment will be $1,799.00. Lillian is very concerned about the costs and would appreciate knowing if the city will be responsible for any of the dental fees. Please call i~ you have any questions. I Yours Truly: i nL.--.. cd ~. ~~~ R. TOrg~rSon, DDS BT/kc e 6303 OSGOOD AVE~UE, NORTH ! STILLWATER. MINNESOTA 55082 TELEPHONE 439.9400 e WASHINGTON COUNTY Robert J. Lockyear Director FROM: Jeff Hanson OFFICE OF ADMINISTRATION Intergovernmental Rela! PLANNING AND PUBLIC AFFAIRS DIVISION Jane Harper GOVERNMENT CENTER ~hYSiCal Development 14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER. MINNESOTA 55082-0006 LOHIS YelJOWls hunder . / uman eIVlces Oft"" 61~""'" FAX, 61~'30-6017 <Rf/ Washington County communities 1\ n ~()JL-" Chuck Swanson, County Administrator(~~ , TO: DATE: December 4, 1991 RE: Washington County 1992-1996 Capital Improvement Plan The Washington County Board of Commissioners will hold a public hearing on its 1992-1996 Capital Improvement Plan on December 17, 1991. The public hearing will be at 9:00 a.m. in the County Board Room. The only changes that have been made to the draft C.I.P. that you received in July are to: 1. replace the Public Facilities Projects with the attached Public Facilities Projects table; and e 2. remove the Highways-Future pages from the document. If you need another copy of the entire document, please let me know. If you have any questions regarding the public hearing, please contact Jane Harper, Office of Administration, 430-6011. /sb Attachment cc: Jane Harper e Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION '-i>' - ,':) CO ~Y,G ~~ PUBLIC FACILITIES PROJECTS 1992 - 1996 a ---------------------~---------------------------------------------------------------------------------------------------------~ I I I Total I Amount I I RecOlllllended Progranming I CIP I Project Name I Cost I Compl eted I Next I IProjectl and I1st Year I 1991 I thru I 5-Year Funding I INl.ITIber I Location IprogramedlDollars* I 1991* 1 Cost* I Source 1 1992 I 1993 I 1994 I 1995 1 1996 Future I--------------------------------------------L----------------------------------------------------------------------------- 11006 ILaw Enforcement Center 1 1987 34,300 I 11,703 I 22,597 I LP 122,597 I I I I I I 1 1 I I I I 1023 I Goverrvnent Center I 1991 1 ,200 I 11,200 I GR 1 I 1 I ISouth Wing Expansion 1 I I I 1 I 1 I ICompleti on, Stillwater I I I I I 1 1 I I I I I I I 1 I I 1024 I Courts & Courts Servi ces I 1988 16,500 I 250 I 16,250 I B 1 I I I IAddition and Remodel ing I I I I I I I IStillwater (1) I I I I I I I I I 1 I I I I I I 1025 IAudi tor/Treasurer I 1988 I 1,150 I I 1,150 B I 1,150 I IAssessor and Recorder I I I 1 I IAddition, Stillwater (1) I I I 1 I I I I I I I 1027 ILibrary, Oakdale Branch 1988 I 350 I 1 350 B 350 I ISite Purchase I I I I I I I I I 1033 ILibrary, Oakdale Branch 1989 I 1,000 I 1 I I Construct ion I I I I I II I I 1028 I Library, Valley Branch 1988 1 200 I I I I Si te Purchase I I I I 1 I I I I 1029 I Library, Hugo Branch Sitel 1988 I 100 I I I Purchase I I 1 I I I I I I 1036 ILibrary, Woodbury Branch I I I I I Expansion I 1 I I I I I I I 1030 IForest Lake Satellite I 1988 I 175 I I IOffice I I I I I I I I 1 1031 'Underground Storage Tanks I 1989 I 182 I , IReplacements (9 Tanks)' I , 1 , 1 I I I 1034 ISouth County Satellite I I , I IOffices I I I I 1 I I i I I I 1 I i I I IFACILITIES TOTAL I Ii 55,157 I 11,953 I UF 1,200 UF UF I I I I 1 I I I I I 1 1 I I I I 1 I 122,612 1,150 ----------------------------------------------~------------------------------------------------------------------------------------- UF I I I 62 I I I I I I I 41,609 I UF 15 47 GR UF I I I I I o I 1,550 I 47 1 * Dollars Listed in Thousands (1) Does not include necessary additional par~ing facilities. Funding Key: S - State Grant B - Bond Issue F - Federal Grant GR . General Revenue Fund (Levy) M - Metropolitan Grant UF - Unfunded SF - Special Fund, Local Unit of Government Contribution LP - Lease Purchase 1,200 16,250 e 200 100 1,000 175 I Unknown I I 1- 118,925 e lm STATE OF [A:QWlrn~@u~ DEPARTMENT OF F \rr c-<- NATURAL RESOURCES 500 LAFAYETIE ROAD · ST. PAUL, MINNESOTA · 55155-40 ONR INFORMATION (612) 296-6157 December 3, 1991 ~ I z..- Lt,-'1 t Mr. Steve Russell City Ha 11 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Russell: Molly Shodeen from our Region VI office called me and told me that the City of Stillwater is interested in doing something to improve the condition of its emergency levee. The Department of Natural Resources has a pro~ram to help fund activities like this. We call it our Flood Damage Reduction {FOR) Grant Program. I am enclosing some information that describes the FOR Program and I am also sending you an application form. We do not currently have any funding for new projects but we do submit requests to the Legislature every year to get projects funded. The soonest that funding could be available would be 1-2 years from now. One activity that we have been pushing for communities with emergency levees is to develop an emergency operation and evacuation plan. This plan would identify openings in the levee, closure needs, residences that could be affected by flooding, evacuation sites, food, water and sleeping facility needs and other activities. We feel that this is a very important activity for any community living with an emergency levee. I am also sending you some guidelines for accomplishing this type of plan. If you have questions or need more information please call me at 296-2773. Sincerely, DIVISION OF WATERS ~L'-.~ Joseph C. Gibson, Supervisor Floodplain Management Program JCG:fw cc: Molly Shodeen e AN EQUAL OPPORTUNITY EMPLOYER e - e e - , 12-04-9) 04:3) PM FROM CONG GERRY SIKORSKI P02 ~ DEPARTMENT OF THE ARMY $T, PAUL !'ISTAICT, OOI'lN 01' !NGINIiEFl$ 1421 U.s. POST 01'1'101 " QUSTOM HOUlE ST. PAUL., MIMNUOTA 81101-1"'" 125 III YBARS ~ 1866-1991 _'-ant 1It!'I.YlO ~nIN1'ICI'" 0' November 25, 1991 Wate4 Resources study Branch Planning Division Honorable Gerry Sikorski House of Representatives 403 Cannon House Office Buildinq washing-ton, D.C. 20515-2306 Dear Mr. Sikorski: This is in response to your letter d~t.d Ootober 31, 19.91, regardinq the oollapsinq wall in stillwater, Minnesota. We met with the city concerning this problem on ootober 30, 1991. As a result of this meetin9, the city formally requested assist.ance from t.he Corps in a le.tter dated November 7, 19~1. We are in the process of requesting funds from our hlqher authority to study tbis problem under the continuing Authorities proqram contained in Seotion 14 of the 1946 Flood Control Act, as amended. This authority only permits construction of emerqency bank protection 9f important and essential public facilitie. endangered ~y flood-caused bank and shoreline erosiori. We hope to teoeive funding to prooeed with this effort in early 1992. upon receipt of funds, we intend to assess the problem and the Federal interest in providing an emergenoy bank protection projeot as quiokly as possible. We share the conOern of you and the city over the erOding wall along the st. Croix River and its impacts to the city. w. will keep you informed of our progress in addressing the problem. I :1 sincerely, ~ :p~~~' '. Rie ard W c-r~ -- ~~Cl0n$1, COr S ot Ing1neers District Enq eer . MAKING A nTF'F'RRTlN'rTi' e .. --- --- --- --- --- --- --- ---- GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800. Chicago, Illinois 60601 312/977-9700. Fax: 312/977-4806 December 6, 1991 The Honorable Wallace Abrahamson Mayor City of stillwater 216 North Fourth street stillwater, Minnesota 55082 ~ Dear Mayor Abrahamson: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended December 31, 1990 qualifies for a certificate of Achievement for Excellence in Financial Reporting. The certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. e When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Diane Deblon, . Finance Director. The certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1990 certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION o/~~~ Frederick G. La~~ Assistant Director/Technical Services Center e FGL/kas Enclosures WASHINGTON OFFICE 1750 K Street. N.W.. Suite 200. Washington. D.C. 20006 202/429-2750. Fax: 202/429-2755 .........-.-........ . ----.----:- ----------- . ,-....-- - _.._--- ..---".-.---- ______ _nO.. _________U__ . ------------ ----------... ----------- e GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago. Illinois 60601 312/977-9700. Fax: 312/977-4806 I December 6, 1991 ! (Chicago)--The I 1 I I ce~tificate For information contact: Fred Lantz (312) 977-9700 NEWS RELEASE of Achievement for Excellence in Finan- cial Reporting ha~ been awarded to: i CITY OF STILLfATER by the Government I Finance Officers Association of the United States i and Canada (GFOA)I for its comprehensive annual financial report (CAFR). The cert~ficate of Achievement is the highest form of I I recognition in th~ area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishmen~ by! a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual! designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: ! DIANE DEBLON!, FINANCE DIRECTOR e The CAFR has been judged by an impartial panel to meet the high standards ofl the program including demonstrating a construc- tive "spirit of f~ll disclosure" to clearly communicate its i financial story a~d motivate potential users and user groups to read the CAFR.I The GFOA is ~ nonprofit professional association serving 12,300 governmentl finance professionals with offices in Chicago, Illinois, and Washington, D.C. e I - 30 - WASHINGTON OFFICE 1750 K Street, NW. Suite 200. Washington. D.C. 20006 202/466-2750. Fax: 202/429-2755 e e The Government Finance Officers Association of the United States and Canada presents this AWARD OF FINANCIAL REPORTING ACHIEVEMENT to: Diane Deblon Finance Director City of stillwater, Minnesota The Awa'rd of Financial Reporting Achievement is presented by the Government Finance Officers Association to those individuals who have been instmmental in their government unit achieving a Certificate of Achievement for Excellence in Financial Reporting. A Certificate of Achievement is presented to those government units whose annual financial reports are judged to adhere to program standards and represents the highest award in government financial reporting. Executive Director rN~ ;(~ Date December 6, 1991 e ," .. Northern States Power Company e 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-6877 E. M. (Ed) Theisen President and Chief Operating Officer December 10, 1991 Mr. Wally Abrahamson, Mayor City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mayor Abrahamson: Northern States Power Company has submitted an application to the Minnesota Public Utilities Commission to expand temporary storage of used fuel at our Prairie Island Power Plant. This is an important project for all of our customers, the communities we serve and the state of Minnesota. e I understand some special interest groups may have contacted you, asking for support for a resolution opposing our used fuel storage project. Before endorsing any position on this project, I would ask that you consider hearing both sides of the issue. To that end, we would be happy to have one of our employees attend one of your meetings to answer any questions that you might have about this project. Northern States Power Company has a long standing tradition of excellence in its nuclear power operations. Our Prairie Island nuclear generating plant is consistently rated among the best in the nation in terms of safety and operating reliability. The enclosed literature will provide you with some background information on our project. Please call Lynda Forbes at 330-6677 to schedule an employee to attend a meeting of the city council. 'i~......-7/L.-r e Subject: S.F. 1598 Dcitt:.?: 1c.:.~10'7'1 TimE?: 10:I:f3 L i nf:?S : 1l+ eFPOt-j F.:. H. fnI1FFOF:D: Message for: ALL COUNTY AUDITORS Office sent from: WASHINGTON Written by: GARY POSER WASHINGTON COlJNTY COMMISSIONERS APPROVED A RESOLUTION TODAY WHICH URGES SUPPORT FOR S.F. 1598. SENATE ACTION PROPOSED IN S.F. 1598 WOULD REPEAL M.S. 207A, THE PRESIDEN- TIAL PRIMARY. CITING SUPPORT FROM THE LEAGUE OF MN CITIES, THE DYRSTAD COMMISSION AND MACO, THE BOARD NOT ONLY SUPPORTED REPEAL OF 207A BUT URGED JANUARY LEGISLATIVE ACTION IN ORDER TO MEET DEADLINES FOR PRINTING OF ABSENTEE BALLOTS. e e e ORDER NO. 77646 It is hereby ordered that the route designated as a detour for Trunk Highway No. 95 in the County of WASHINGTON by Order No. 77412, was released July 19, 1991 and therefore said route will revert to its original status. Dated: October 11, 1991 R2921G.09 Edwin H. Cohoon Acting Commissioner of Transportation e STATE OF MINNESOTA COUNTY OF RAMSEY Tre undersigned, being a duly appointed agen~ of the Commissioner for the purpose of certifying COpl~S of or- d",rs issued by the Commissioner of Transportation herebl certifies that this is a true and correct copy of !he Com- ": '5 Order "In the files of the Stale of Mtnnesota, miSSioner Department of Transportation. Dated this 2~~ day of" lJo v &v\A... b.ev- J ,19 ..:lJ. e :J{/ ;f fY'-'- e e e e e DATE: December 13, 1991 TO: FROM : Stillwater-Houlton River Crossing Task Force Mike Louis, Project Manager Mn/DOT #612-779-1208 ., SUBJECT: Task Force Meeting Notification Presentation of Computer Simulations--Bridge Types Status of final EIS NEXT TASK FORCE MEETING new >> location >> Thursday, December 19, 1991 7:00 P.M. Oak Park Heights City Hall 14168 57th Street North (next to water tower, south of TH 39) I have seen the first completed computer simulated photographs of the bridge types that are being considered for the St. Croix, and the quality is remarkable. John Steenberg, Project Manager for Short, Elliott, and Hendrickson, Inc., the engineering consultant contracted by the DOTs to provide the bridge type and design, analysis will be at the meeting. He will explain the computer simulation process, and help us discuss some presentation choices that are available, such as different pier types and bridge deck and superstructure color options. Videotaping the photographs is also an option for us to consider. We could then have a bridge type video package available for presentation to City Councils, Town Boards, or other groups, such as agencies or environmental concern organizations. Local cable telecasts are also possible. Any ideas? We will eventually have six variations of the three basic bridge types (girder, box, and arch), viewed from six viewing locations--36 photographs. , , e e e TO: Mayor and City Council FR: City Coordinator DA: December 16, 1991 RE: SEWER BILL ADJUSTMENT MEMORANDUM Accompanying this memo is a request to adjust the sewer bill at 1214 South Everett Street. The property owner is requesting that the bill be adjusted to a "historical" charge which would be based on usage of past first quarters of April 1987, April 1988, April 1989 and April 1990. This would appear to be a reasonable request except that the property owner had only submitted water meter reading cards for two quarters out of the nine quarters subsequent to the April 1991 reading. Therefore, the property owner's sewer bill problem stems from several "late" readings rather than just the April 1991 reading. Council has denied requests of this nature in the past (when the property owner has failed to reasonably maintain the meter readings). One of the reasons for this is that an accurate "history" of water usage is not readily available without the readings. ~~~ -.:-"\: / ,c-' r-- -..-/-:.;~ e 1214 South Everett Stillwater, MN 55081 November 12, 1991 Mayor Wally Abrahamson stillwater city Hall 216 North 4th Street Stillwater, MN 55082 Dear Mayor Abrahamson: As we discussed on the phone on Tuesday, November 12, I have a problem with the charges I have been assessed on our sewer bill. e As I explained, we were not at home at the end of the first quarter, and the water meter was subsequently read at a later date. Due to this late reading, we received a water charge of $86 versus a normal charge of approximately $40. This was followed by a sewer charge of approximately $237 instead of a historical charge of around $137. In the second and third quarter our water bill dropped back to approximately $40 but the sewer b~ll remai~ed at $237. I do understand that this is a result of the sewage charge being assessed for the entire year based on the first quarter water usage. Pleae consider our situation and see to it that we are given credit as I feel we have been overcharged. Thank you very much. Sincerely, C-';>, _ j C'f tj'yv~ -._~- ~ ,- Donald J. Flynn e y ,);,! DON fL1NN FLYNN -- ~V~RI~mT "m 121'1 SO l:." ,'.d:"l ..>.I. 21 1214 SO SVERETT 5T 21 TI(I'1 /' A '41 ~ t!TTLI tP TS.l I~I"'" &-f ))6 ~l ,{ .e I,',.l .... ~ i ~,~' ~ I,~ ..... rJ;: ;;; TlJf'XFJ;( ~1'TT.T.\' A1'F.R MTNi\! E.-- II j -7....1-_ c;c;h ^ 7 I. 't?' J"{ /j j. Date Remarks Reading Difference Date Remarks Reading Difference July 1-90 -~. g G i,., E...4o /. July 1-94 lu ,. V--' . "pr. 1-90 1 I 0 ?- 3r/ Apr. 1-94 /"i ~.- 3~ . Jan. 1-90 L. 7 I s' j:::!./' //' Jan. 1-94 )ct. 1-89 C-/ 7 t4 0 E""l?/ Oct. 1-93 I , - < /. July 1-89 I (.- -::-' / July 1-93 ~ ": .< "'-~ G ,. . \pr. 1-89 (, { (' /6'- .5~ I Apr. 1-93 -"........- Jan. 1-89 /1/ >' 7' 7 ;r57 // Jan. 1-93 )ct. 1-88 ~. 5 ~ 9J JOb / Oct. 1-92 , J 1-88 ( ./ ? /o/) / July 1-92 ~. 1-' .../ 'pro 1-88 :5 lS I"r. ~7 ./ Apr. 1-92 I...... , Ian. 1-88 3 Pb ..t.j t // Jan. 1-92 .... . - ? L-/ lct. 1-87 C .0 2 Ih Ie 13. r 7 Lj,,/ Oct. 1-91 oOS J ..J ' _ .i /' d 2J I CI ;{IJ?~/ July 1-87 1 8 b I I I ,/ July 1-91 t) ~ '9 ~ . . , 'pro 1-87 0 7 5 I-t..f 3 );.,' Apr. 1-91 4 ,,<.<; ~ Iq ~ 19 /' . Ian. 1-87 "~, (i .,. Jan. 1-91 1 2- t - ~r 0 /""" ~ L q ~ ~ 53 . g Ii C qo let. 1-86 Oct. 1-90 0 /' uly 1-86 q 1</ -6 'f~ ..// July 1-90 C- g 5 0 (-~O 7- ! e ~ /' E ?crm,tre::.T ;J6-;a()~ AlA! 'f! /&t4r49 ---- - ----.-- ----.. e Minnesota Pollution Control Agency Proposed Rules Governing Requirements for Aquaculture Facilities, Minn. Rules Pt. 7050.0216. Notice of Hearing Notice is hereby given that the Minnesota Pollution Control Agency (MPCA) will hold public hearings in the above-entitled matter ,according to the following schedule: Location Date and Time Grand Rapids - City Hall January 29, 1992 420 N. Pukegama Ave. Session begins at 2:00 p.m. Grand Rapids, Minnesota Session begins at 7:00 p.m. Minnesota Pollution Control Agency January 31, 1992 MPCA Board Room - Lower Level Session begins at 9:00 a.m. 520 Lafayette Road St. Paul, Minnesota e Additional days of hearing will be scheduled if necessary. All interested or affected persons will have an opportunity to participate by submitting either oral or written data, statements, or arguments. The matter will be heard before Administrative Law Judge Richard Luis, Office of Administrative Hearings, 500 Flour Exchange Building, 310 Fourth Avenue South, Minneapolis, Minnesota 55415 (612) 349-2542. The rule hearing procedure is governed by Minnesota Statut€s Sections 14.131 to 14.20 (1990) and by the rules of the Office of Administrative Hearings, Minnesota Rules Parts 1400.0200 to 1400.1200 (1991). Questions concerning the rule hearing procedure should be directed to the Administrative Law Judge at the address and telephone number stated above. One free copy of the proposed rules is available on request by contacting: Douglas Hall Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-3898 (612) 296-6631 e Notice is hereby given that comments on the proposed rules may be submitted to the Administrative Law Judge prior to the hearing, as well as at the hearing or during the post-hearing comment period described below. The MPCA requests that any person submitting written comments to the Administrative Law Judge prior to the hearing, or during the comment period also submit a copy of the written comments to Douglas Hall at the address stated above. 2 The subject of the hearing will be proposed rules governing requirements for e aquaculture facilities, Minnesota Rules Part 7050.0216. The proposed rules are authorized by Minnesota Statutes Section 116.07, subd. 4 (1990) and Minn. Laws 1991, ch. 309, Sec. 10. Aquaculture has existed in Minnesota in one form or another for many years and it is considered a form of agriculture, commonly referred to as "fish farming." From an environmental standpoint aquaculture has the potential to adversely impact the environment and water quality through deposition of fish waste and excess fish food in waters of the state. The 1991 Legislature mandated t~e MPCA to formulate administrative rules for aquaculture facilities operating within the state. The proposed rules are designed to comply with the authorizing legislative mandate, Minn. Laws 1991, ch. 309, Sec. 10 and are to be included in Minn. Rules Ch. 7050. Any person may present views on the proposed rules at the hearing, and after the hearing, in one or mor~ of the following ways: 1) By submitting written data to the Administrative LawlJudge at any time before the close of the hearing. 2) By submitting oral or wri~ten data at the hearing. 3) By submitting written comments to the Admini$trative Law Judge during the comment period following the hearing. . Notice: Any person may request notification of the date on which the Administrative Law Judge's report will be available, after which date the agency may not take any final action on the rules for a period of five working days. If you desire to be so notified, you may so indicate at the hearing. After the hearing, you may request notification by sending a written request to the Administrative Law Judge. Any person may request notification of the date on ... which the rules were adopted and filed with the Secretary of State. The notice .., must be mailed on the same day that the rules are filed. If you want to be so notified you may so indicate at the hearing or send a request in writing to the agency at any time pripr to the filing of the rules with the Secretary of .State. The comment period will not be less than five working days after the public hearing ends. The comment period may be extended for a longer period not to exceed 20 calendar days if ordered by the Administrative Law Judge at the hearing. The written material received during the comment period will be available for review at the Office of Administrative Hearings. Any written comments submitted must be received at the Office of Administrative Hearings no later than 4:30 p.m. on the final day of the 5-20 day comment period. Yithin three business days after the expiration of the comment period, the MPCA and interested persons ma~ respond in writing to any new information received during the comment period; h9wever, no additional evidence may be submitted during this three-day period. An~ written responses submitted must be received at the Office of Administrative Hearings no later than 4:30 p.m. on the final day of the 3 day response pe~iod. The proposed rule may be modified as a result of the hearing process if th~ modification does not result in a substantial change in the proposed rules. I Notice is hereby giverl that a statement of need and reasonableness is now available for review at the agency and at the Office of Administrative Hearings. This statement of need and reasonableness includes a summary of all the evidence and argument which th~ agency anticipates presenting at the hearing justifying both the need for and Ithe reasonableness of the proposed rules. Copies of the 4It statement of need andireasonableness may be reviewed at the agency or the Office e e . 3 of Administrative Hearings and copies may be obtained from the Office of Administrative Hearings at cost of reproduction. You are hereby advised, pursuant to Minnesota Statutes Section 14.115 (1990), "Small Business Considerations in Rulemaking" that the proposed rules will affect small businesses which hold or require permits for aquaculture facilities. The proposed rules will affect management practices and impose requirements for aquaculture facilities if the facility produces more than 9,090 (approximately 20,000 pounds) harvest weight kilograms of cold water aquatic animals, or 45,454 (approximately 100,000 pounds) harvest weight kilograms of warm and cool water aquatic animals per year. A facility that meets these criteria is considered a large production facility and it will be governed by these rules. Small fish farms or hatcheries are generally excluded from the requirement to obtain an MPCA water quality permit. Compliance with criteria and-requirements in the proposed rules could mandate additional costs and changes to aquaculture facilities. You are hereby advised, pursuant to Minnesota Statutes Section 14.11, subdivision 2 (i990), "Impact on Agricultural Lands," that the proposed rules will not adversely impact agricultural lands. The proposed rules apply to aquaculture facilities and waste produced by those facilities. (b) Yho spends more than $250, not including the individual's own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action...by communicating or urging others to communicate with public...officials. Questions concerning the requirements of Minnesota Statutes Chapter lOA (1991 Supp.) should be directed to the Ethical Practices Board, 625 North Robert Street, St. Paul, Minnesota 55101-2520, telephone (612) 296-5148~ ; 'JC/# t#f( Charles Y. Villiams Commissioner e e e DAVID T. MAGNUSON ,1\TT0RNEY AT LAW SUITE # 203 THE GRAND GARAGE 324 SOUTH MAIN STREET STILLWATER. MINNESOTA 55082 (612) 439.9464 December 5, 1991 Nile Kriesel Stillwater City Coordinator 216 N. 4th Street Stillwater, MN 55082 RE: Frederick Brass Assessment Appeal Dear Nile: We recently attended the scheduling conference with regard to the Fred Brass Assessment Appeal. Brass's total assessment is $11,881.05. Brass said he would settle for a $4,000 reduction and it is my duty to convey this settlement offer to my client. Perhaps this could be discussed during an executive session the next time one is scheduled since the case is not scheduled for trial until late in the spring. Call me if you have any questions. Yours very truly, \., ~.v-{ ~ l{; David T. Magnus DTM/sls ~5J.' '\.'O~ I() ,,::).i~ e e e DAVID T. MAGNUSON I\TTORNEY AT LAW SUITE # 203 THE GRAND GARAGE 324 SOUTH MAIN STREET STILLWATER. MINNESOTA 55082 (612) 439.9464 Mary Lou Johnson, Clerk City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Mary Lou: Enclosed is a resolution that should be agenda so that they Council can correct in the numbering of this section of the are any questions. DTM/sls Enclosure December 9, 1991 put on the next Council the mistake that the made code. Call me if there Yours very truly, D~MagnUSon RESOLUTION NO. A Resolution Approving A Scruvener's Change to the Stillwater City Code WHEREAS, Ordinance No. 697 added a section to the Stillwater City Code that was, Iby mistake, labeled Section 22.04. The correct section num~er for this amendment adopted by Ordinance No. 697 should haveibeen Section 22.03, Subd. 1, and, WHEREAS, this ~umbering change is insignificant and does not affect the substantial rights of others; NOW THEREFORE $E IT RESOLVED, that the number of the section of the Stillwater city Code adopted by Ordinance No. 697 be changed to hereaftei read Section 22.03, Subd. 1, and that the City Clerk and othe* City staff are directed to change the original documents associated with this ordinance accordingly. Enacted by the City Council of the City of Stillwater this day of December, 1991. Wally Abrahamson, Mayor ATTEST: Mary Lou Johnson, Clerk e e e e e e Qtil~~te~ THE BIRTHPLACE OF MINNESOTA i) December 10, 1991 Dear Business Person: Since much of the sidewalk area in the downtown proj ect was poured late in the year and has not yet had the proper cure time, we respectfully request that you refrain from using salt to combat icy conditions this winter. The Council has requested Public Works to provide the downtown businesses wi th a chemical for thawing the sidewalks that does not contain sodium chloride (salt). Public Works has a material on hand called "THAW" for use by the downtown businesses. Public Works will provide 10 pound bags at a cost of $15 a bag to all the businesses this winter. Please call David Junker with the Public Works Department and he will have the chemical delivered to your business. We thank you for your cooperation in this matter to help preserve the new sidewalk area in the downtown. Sincerely, (jl~ c!!?4PfIT'-"- Richard E. Moore, P.E. City Engineer REMjcmb c: City Council ,-",,/ David Junker CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 \ ,...........M"";-. '\ 3~ \~ e e