HomeMy WebLinkAbout1991-11-26 CC Packet Special Meeting
e
e
e
illwater
~
--- ~
THE BIRTHPLACE OF MINNESOTA ~
November 22, 1991
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
SPECIAL COUNCIL MEETING, TUESDAY, NOVEMBER 26, 4:30 P.M.
This memo is a reminder to Council that a Special Council Meeting has been
SCheduled for Tuesday afternoon, November 26, 1991 at 4:30 P.M. in the City
H~ll Council Chambers, 216 North Fourth St., Stillwater, Minnesota to discuss
the following:
1. Consulting Engineer's Report and Recommendations regarding Johnson
Brothers request for a Time Extension and Completion of the Downtown
Construction Project.
2. Any other business Council may wish to discuss.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
...
Ie
. ~SBi
eNC/NEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOfA 55110 612 490-2000
November 19, 1991
RE: STILLWATER, MINNESOTA
DOWNTOWN IMPROVEMENTS
L.I. 257
SEH FILE NO: 89255.02
Honorable Mayor and City Council
City of Stillwater
216 N. Fourth st.
Stillwater, MN 55082
Honorable Mayor and City Council Members:
,e
We have enc.losed a. copy of a letter from Johnson Brothers
Corporation dated November 7, 1991 requesting an extension of the
completion date for L.I. 257 from November 15, 1991 to July 31,
1992 for substantial completion and from November 30, 1991 to
August 15, 1992 for final completion.
After reviewing this request with the contractor and the
preliminary 'supporting data, it was determined that a change
order should be prepared providing a specific number of working
days to complete the project instead of a set date; since start
up in the spring of 1992 is dependent upon roadway weight limit
restrictions.
We have also enclosed a copy of a letter from Johnson Brothers
Corporation dated November 8, 1991 requesting winter shut-down
status beginning Friday, November 22, 1991.
Johnson Brothers has revised their request to provide 71 working
days for an extension with anticipated start up on April 27, 1992
and completion July 13, 1992.
We also enclosed all the information Johnson Brothers Corporation
has furnished to substantiate their request. Before I outline
the reasons for an extension of project completion, I would like
to outline the progress of the project to date for the Council:
~% .
1. Bituminous base and binder course ~ complete
e
(Myrtle Street, Third Street, Water Street and Nelson Street
from Water Street to the railroad tracks will be completed
this year).
SHORT ELLIOTT
HENDRICKSON INe.
ST PAUL,
MINNESOTA
CHIPPEWA FALlS,
WISCONSIN
e
e
e
...
..
Honorable Mayor and City Council
November 19, 1991
Page #2
2.
Bituminous wearing course
0% complete
(2341 wearing course re~uires 400 and rising and 2361
wearing course requires 50 and rising temperatures.)
3. Concrete curb and gutter C1:5% ~ complete
4. 4" concrete sidewalk 77Z~ complete
5. Watermain 99% complete
6. storm sewer 98% complete
7. Sanitary sewer 90% complete
(Third Street, Olive Street and Nelson street sewers will be
lined and completed in December 1991 without excavation.)
8. Lighting
35' highway lights
Wiring
SuperAmerica parking lot
2n~ and Olive parking lot
Lowell Inn parking lot
_ 43% complete
76-~-~ complete
100% complete
90% complete
95% complete
9. Signing
10% complete
..;2?Z'~ complete
10. Pavers
(Pavers will be installed until December 2, 1991.)
In addition to the general items and the amount completed above,
the contractor will continue to work on the elevated walkway on
Water Street until completion in 1991. The contractor
anticipates completion of the precast decking and poured inplace
walkway before December 2, 1991. Temporary railing will be
placed on each section as soon as it is usable with ornamental
rail installation beginning November 25 and completion before
December 23. In addition, the contractor will begin construction
on the "Wardens Wall" January 6, 1992 and complete the "Wardens
Wall" by March 2, 1992. Because of the spring water problem and
the wet summer we experienced, this wall is best constructed in
the winter.
e
DAVID T. MA.GNU80N
ATTORNEY AT LAW
SUITE # 203
THE GRAND GARAGE
324 SOUTH MAIN STREET
STILLWATER. MINNESOTA 55082
(612) 439-9464
MEMORANDUM
TO: Mayor, City Council, City Coordinator and Staff
FROM: David T. Magnuson, City Attorney
DATE: November 21, 1991
RE: Legal Status of Contract Extension Request for Downtown
Improvement Project
The City's contract with Johnson Bros. contains "Changed
Conditions" clauses. One clause, ~ 4.3.1 provides that the
contract must be amended, if surprise underground conditions are
discovered during construction. Another clause, ~ 10.1 provides
that the contract must be amended if the City orders changes or
additions in the work and another clause, ~ 4.1 provides that the
contract must be amended if easements are not available to the
contractor that are needed for access to the work.
e.
Protection for the City is provided by ~ 11.9 of the Special
Conditions of the contract that limits the amendments of the
contract to extending the contract time, but not increasing the
unit price for quantities that are fixed in the contract.
The Minnesota Supreme Court, in zontelli & Sons vs. The City of
Nashwauk, 373 NW 2d 74:4 (1985) held that "Changed Conditions"
clauses are designed to benefit both the city and the contractor
since the contractor can receive extra time if changed
circumstances are encountered, and the city benefits because
contractors no longer need to add large contingency sums to their
bids to cover the risk of encountering surprise conditions.
Johnson Bros. November 18, 1991 request is documented and has
bee~approved by the Engineer. Of the extra days requested, only
the days for bad weather would be questionable since our contract
does not allow the contractor weather days. On the other hand,
the contractor is not obligated to allow the City a 20 day credit
for accomodations given to them. This credit is more than the
17.70 days claimed due to weather.
In conclusion, the requested extension as allowed by the Engineer
appears reasonable.
e
DTM/sls
~OV 20 '91 14:42 LRRKIN HOFFMRN BLMTN.
1-'.1
LARlCIN, H01"l"MA..'\T, DALY & LINDGREN, LTD.
, .
....TTC"N II;YS "'T ","'W
J.~CI " """''''UIt
.~lII'"' l., NO".......
....". ~. a..~Y
., .'''MeTI1 ~'NllOlleH
OC"",.1l ...1"'Clilh.
..~~N Co "'1o~1.J1I.."
.9"~.J. HI"HCI.lCY
.....es . ''''CUOM
U......Il11 .. ."'lIIf1l11..
GCMe N. 'w"'''illlIII
,..y,. .. IUl.lllalll>l
.,,,,, .. ~1/~1."'1t
ItOI Ill' I, lolt.~~
'IlIAN~ f. t1.."v~:'f'
="..".u .. ....n.
CIlU"_''TO..",tA .... 'IIC'I1:N
~ON" A, .(A...r~
~.*"tOA M, 'I.M~"
,...Olllt.... II,ITO'"'WA...
..eVCN a. ",viM
""I<:~"I:L c. ~ACA~AN
...." Co 111'''1.
JON a. .wul:..aaWIIJIII
...C;..... J. ~~.N"
....'lIl11tll: ~ OloltNN
fQOO to ',,'ICMAN
'.e....'" II. .ll~ll"'OH
~'I:'!'.1t N~ '11:1:"
...cJtQ~' H, .AHH'U!
I~C~~'~~ It. ON.."
o~...~. '" ICtII"
JONN L "r.t"'..UI."
,.....\.c ,..e LAN .
'.......1 .. "11....11111'1, ..Ill.
..'~lMIA'" f, M.J1UM
i'4."MAN '- ,....1.&
'IlINi:IoEJlI' .. I:."~
"'''''0"'8... Ili4t'l'CNlla.1..
JO"'" .. =01"l'1III-
UA1R'fle ...IIC;'...."I.111
."U~ I. IJ~UN"e'M'
..""" w''''~lIOW
.At..,..1'! ... ,"canl ..,........."
",C".U .. 'U"'O"
1Il1ellOIl' I, ......'..0
8."'" A.IM" CL&'YC
MIC"'.CI. I. IIII.~A.H
ao..".. 1..110.....
.,,~ ""''''' ......
'~:r:~.~t~ef:.lII..
-OliO "'" ..I.A"Il"'",,,
't.o'",,,, wi. ......."'u.
IIitC~~IL.~. IlI._II:.".aN
~""...a....Y
0","''' A. lIII.NJf~~C
,..ONA. Nt WIII...C'"
~ :CI~"':~ :~~:c.4'" ...1189 C
4IIw'UITO..." ... ."..IIT"tAI.
.......".. \. ,.,.."..
,.,....,lIIt..'f 4A,,....O"- I.IT"IAw
TIH.G'N" <Ih ~Ullil&
WIU.IAtM .. .1111'11'1,.",. ",It.
"4MN .J. ITC"iI!HMABCN
....., C\ W. "OU
....... "-"VA,II
...:liMN ,.~ NI\,,"
....lIie. '4. MA."'N
.""....... ..I. U'''OUII
...IClJoIAIIJ.. oJ, IWI,W
"1111"'" w. IaIONI
'"IO~II''' ......UIClt =
....~ I. YO.
\O"'M ...IINOU
IIQO NQIlf"wUTICIlN ",,.,...HCI"'~ CCNfU
7800 llllllllU ,"VCNue SQU1104
II,QQMIN\tTON.IolINHCl01A 114~1
n~t(~IoIQNC IllIZI ..,..~.oo
""/1 11IIZII...nu
1000 "".", J,,"AAY TClWU
aaa eOUTH NINTIoI ITIletT
MINNC""OLII, MINNClOTIt ....01
1C~C"1ol0Nt lellll Ue'IlISI0
''''/1 ,.,11 ~;l.'iil1.0
e
Reply ~o Bloomington
II' C.I/"'~~
w."a~\~ ".....IlC..OH
CMAR..... "~WCJl.WC"
.Jan"H 01"1
IIrQ'N.t!lO A. NO"OIi,.,
a"'Ylll ... "CA'
. "YO """'fTCa I~.
w...'....lIif
~~~ECOP! COV!R LE~~ER
~~~~O~ .
:?X'~ ~
TO:
FAX NUMBb~R =
-
FROM:
T!~EPHONE NO.
Number of pages sent
including CQver sheet
If}A7J :2.1). I 99 I
,
-c __/70 7~ "bCS I
"
DATE I
.!J-
e
rILE.
*.***************4~*~**** M S S SAG Z***..*******************
. ~ * * * w * . .w *
nrEIN?ORMATtQH C:Qrt'TAIN1:D rN+'mm TACSOOLJ: MES&I\CE tJATTORHEY Pl.tV1UCltD ~~D COHnDDmAL INFORMA1'10N
IN'1'El'ttll::D om. Y 'o~ Tm!: USE Cl' TlIZ nn:uvmuAL Oil Dn'r'n' HAMJ;D ABOYl:. I:J' nIE RIAl) Elf. 0 t 11U.s ME:::SSA CE ~ HOT TlIZ
lNT!:ND ED QCtJI'IEN'T. OR 'mZ tM'.l'1.OYEE 01 AO I!:i'n' lDPOffSll LZ TO DEUV'Q rno 'mE IH'I'ENDeJ UCU'J~. YOU A,U 1I!:lu;n Y
NO i I"I~ ~T AlfY DlSSDCINA"nOH, %IlmmtmOH pll corYIHC onms COMMWI1CAnoH IS .rrlUCTLY PROnUlrn::o.
I' YC U Xl. V'! ~EC'!I'V'e:D TIm COMM tl"?flCl. TlOI'( IX ~1tO It, l'L!.'5'10?of1rfCl v. m. Y NO'nTf un "( '!'!LF.PTlONE, MID RF:TVIUf 111 P:
OIlUQIN,;.,r.. M.t:SMG& TO US ^ 1'i"l1.~ ABOVE ADDIUSS VlA nm U.B.1'ClS1'AL IU V1C& TIIAllK YOU.
e
,. ,~...
l'IlJV C::\::J '':;11 14; 4..:1 LHKK11'l HlJt- t- I'IHI'I l:ILI'III'I.
e
JAIot!. ... ~,o.~KIH
"Oa!IIT ~. I<O~~MAN
JAQt'\ "1 O~I.."
~, KINNC'TH ~rNDGIl!N
QIIl"~ll H. ~IIICDI~~
...~...N I. MU~~IG"'N
IlOICIIT J. H&NNU.t.
"''''101 &8 C. !III0KION
I\IlWAIIIl J. DJltraOQ~~
aeNE N. ~\J~~Il'l
D"VI D =. 8C~~EII.UIC'l
JOHN D. ~UU."'~"
l'lOaIJltT E. lion!
~JIt"'lK I. H...IIVEY
gH"'II~n I. 1oI0DI~L
1:I1I1ICTOl'HIII J. IlI!TU,"
...(1111'1 R. alATTII
L.INaA Jotf ~1.HCIlt'
THOMII. P. CTO~TM"N
C"VIN G, ~IVtN
MIQI<,o.u 1:, J...I:IIM...i'I
"01<1'1 l.c:OIIH~
"'0'" .. .WIIRICWIIKI
1'HOM", .... ~~YNN
JAhtl' ,., Ql.IlNN
TO!;l~ I. ~PlCIM"N
.n;"I<!l;N I, IO~O"'IlN
PI"A II. I I\C II
...I:FlQ.., 1<. ""'HNKI.
'I<IAPI'~~ ...0"''''1'1
OIMLD L. .r;QK
.01<'1 ~ I.\lNeOlJl.T
DAV~ NO\,AI'! .
'>lOMAa a, "V III PH PlIY, .I l'l.
IotICHACl f. IoIfl~l...
11 IPI"''''N ~. T...~~!
VINCINT II. I~~A
...Nll''':W .I. MrT'::HEL~
.10101 N A. caTTClIlo
al...TPlICl! A. 1Il0THWIIll:R
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
,4,iTORN II;.YS .AT LAW
11100 NQRTHW!:$TtRN F'INANCIAL CI:NTIUI
7800 XI:IIXIII AVINUIISOUTH
III,OOMIN4TON, MINNIIOTA ....11
TlLIPHONI': lelel 83&.3800
"'AX ,ellll aa8'UU
2000 p"il:'" oJA""'''AY TOWI,.
III IQUTH NINTH STRUT
MINNtAPOLli. MINNIIIQTA ..4QI
TELEPHONE: leii'll 33l!1-eetQ
"'AX lellll .1.18.0780
Reply to Bloomington
November 20, 1991
VIA. I'A~S nflLB
City Clerk
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
--
Rea St. Croix Stillwater Marina
Corp., Inc. v. City of Stillwater
Our File No., 17,076-01
Dear Clerka
r.c.
PIIU~ c. P~\lNIICTT
A~AN ~. IlI~DOW
IIAY"'",!N M. "'ICO"I NtwMAN
MICHA!1. a, ~UIAllaN
alt!aOIlY It. KOA'TAD
a...... A. VAN l;l~ltV&
MIl:"'.o.!~ a. aJltA~"'N
CtOIolN'" ~. ",O.MlK
"'MY ll.o.JltllllJltACtY
JI\I'I'PlIY l:, ANDIIIlIION
llANII~ 1..aQwU.
Toell "'. V.,.TIlOVIl:H
TIMOTHy... MO",^NU"
MICWA(~ A, ~O'!I;AnON
~"A A, allAY
Q...Jlty ... IItNN!1l1
TI10"'A' 1<. WIAVIA
IIMANIo/ClN II. Ma=A"'IIJ1ttIl>Q!
.JULIE A. W"A.I
CHl'llnO"'HIJIt J. H.o.IIIIII!"'o/AL
.H...flgN ~. IPlI\N 101...
Iot...PlIKAY =...N.o.Q'" ~lnAIJ
1" 'lOTI<' ". 111"'1011
WI~~IIIM Q, GAI~I'ITH. JPI.
...01;",.... iTi:I'Fi:NH"OIN
IMNIC~ W. '10111
MAPlII A, AUAIII
JClHN PI. HI~~
.....'1.. K. ",...PlTlN
THOMAI J. IIYMllUPI
M IC"'AI\~,j, BIotITH
A!JllIIY W. ~lllNI
~"(i;l(RII:' II. H"\lIIIPI m
NiAPI' I. VOl
l.O"'IJll ".IINGIA
Q, QOI/Nn~
WIJllIlI~~ II. ...NllIJltIlCN
'::HAIILI~ III. WUvt'"
.Ialll"'H al"B
IIIIQHAfl!;l A. NOfll.'l&Y&
DAvlll J. "'!fAT
. ...~O "'D"'tTTID IN
WIICONIIH
Enclosed herewith and served upon you please find Notioe of Appeal
From Special Assessment By the City of Stillwater lor Project L.ll 257
(Downtown Plan) in the above matter.
r
ARKIN,
bh
Enclosure
& LINDGREN, Ltd.
e
LDMaAK3s
e
-
e
1'10V 20 '91 14: 4:3 LRRKIN HOf rMf:1N tiLM I Pl.
r.~
STATE OF MINNiSOTA
COUNTY OF WASHINGTON
DISTRICT COURT
TENTH JUDICIAL DISTRICT
COURT FILE NO.
----------------------------------
St. Croix Stillwater Marina
Corp., Inc., Stillwater Yaoht
Club, Inc.; St. Croix Stillwater
Barge Terminal; and Dock
Association of Stillwater, Inc.,
Plaintiffs,
v.
NOTICI or APPBAL 'ROM SPICIAL
ASSISSMI.~ BY ~HI cz~t or
STILLWATIR POR PROJICT L.Z. 251
( DORTon PLAB), '
City of Stillwater,
Defendant.
---------------~~~~~~~---~~~~~~---
Plaintiffs, St. Croix Stillwater Marina Corp., Inc., et a1
(Stillwater Marina), pursuant to Minn. Stat. S 429.091, appeal
from the special asseslment' by the City of Stillwater (the
City) for Project L.I. 257 as follows;
1. Stillwater Marina is the owner of real property
identified as P.I.O. Nos. 9028-0020 and 10690-2150 located
within the City. The property f~onts the St., Croix River on
its east boundary and is bounded on the west by Chicago and
North Western Railway. The property' I addrels is 222 Ealt
Mulberry Street, Stillwater, Minnesota.
2. On April 16, 1991, the City held a public hearing on
the proposed Assessment for L.I. 257 (the Project) covering
improvements for the downtown area consistinq of sanitary
sewer, storm sewer, curb and gutter, street reconstruction,
1'i'.JV C:I.:J '"::.'1 1q. qq LHt'<:t\lli Mvr r l'IHli OLl'llli.
tit 11qhting, streetscape, 1andscap1nq, beautification,
undergrounding of power lines, decorAtive enhancements, And
parking lots. StillwAter Marina timely filed written objection
to this Asselsment.
3. On Ootober 22, 1991, hear1nqs were reconvened for
certain properties included in the Projeot includinq the
property owned by Stillwater Marina. Stillwater Marina
continued their objection to any assessment on their property.
At that hearing, the final assessment for the project wal
adopted by the city council and the total assessment aqainlt
the Stillwater Karina property is One Hundred Thousand Dollars
($100,000.00). The assessment is broken aown ae Fifty Thousand
Dollars ($50,000.00) each for Parcel .9029-0020 and 10690-2150.
e
4. Stillwater Marina hereby appeals the speeial
assellment adopted by the City for the property and requests a
~ ~ hearing by this court. The grounds for the appeal are
as follows I
a. The amount Assessed is greater than the
benefit conferred by the improvements,
thus result1nq in A taking without just
c:ompenlation.
b. Stillwater Marina's property wal
allelled differently from other
similArly situated property.
c. ~he assessment discriminates aqainst
nonhom8stead property.
d.
The cost of the project far exceeds
costs of limilar projects.
e
. 2.
e
e
e
NOV 20 '91 14:44 LARKIN HOFFMAN BLMTN.
P.5
WHEREFORE; Plaintiff Stillwater MarinA requests the court
to set Aside Defend.ant City of Stillwater's assessment of its
property~ to direot a reasselsment of the property, and to
qrant such other and further relief as the court deems just and
equitable.
Dated, November 20, 1991
David eller
Registration N
Larry O. Martin
Registration No. 220553
LARKIN, HOlFMAN, DALY & LINDGREN, Ltd.
Attorneys for Plaintiff
1500 Northwestern Financial Center
7900 Xerxes 'Avenue South
Bloomington, Minnesota 55431
(612) 835-3800
AC~NOWLEDGMENT
The undersiqnea hereby acknowledqes that costs,
disbursements, and reasonable attorney and witness f.e. may be
awarded pursuant to Ninn. Stat. S 549.21, Subd. 2, to the party
against whom the allegations in this pleading are asserted.
~~d~~
LDM:AKls
3.
"'SeJ
eENCINEERS. ARCHITECTS. PLANNERS
-
e
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612 490-2000
November 19, 1991
RE: WASHINGTON COUNTY HRA
ORLEAN TERRACE
WATERMAIN DEPTH
SEH FILE NO: 91175
Mr. David Strusinski
Washington County HRA
321 Broadway Ave.
st. Paul Park, MN 55071
Dear David:
This letter confirms our telephone discussion of November 18,
1991 regarding the watermain depths for Orlean Terrace in
Stillwater. In a previous letter, I had indicated that the gate
val ve in the dri veway for the building under construction was
sticking out of the ground and that the watermain appeared
shallow. This has been confirmed.
We did not stake the watermain for construction and only spot
checked during the watermain construction. I therefore do not
have any records that showed the watermain cuts used nor can I
verify that it was installed to a minimum of 7 feet below
proposed grades. We did stake the curb and gutters for
construction. I reviewed our cut sheets and compared them to the
planned contours on drawing 4 and the spot elevations on drawing
6. Driveway grades were slightly revised. At the hydrant and
gate valve location the revised grade only lowered the curb
approximately 0.5 feet. Measurements down the gate valve (which
sticks out of the ground approximately 2 feet) indicate that the
watermain has only 4-1/2 to 5 feet of cover. spot checks with
the City of Stillwater's locator, which indicates the depth,
shows cover of 4-1/2 to 5 feet on all of the watermain in the
bi tuminous area and on both 2 inch services. I will have a
survey crew take additional shots to see how the grading and
driveway were actually constructed in this area.
Sincerely,
{; (. 4) If
Barry t? Peters, P.E.
BCPjcih
cc: Nile Kriesel, City Coordinator
Wally Abrahamson, Mayor
SHORT ELLIOTT
HENDRICKSON INC
5T PAUL,
MINNESOTA
CHIPPEWA FALLS.
WISCONSIN
@
Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, S1. Paul, Minnesota 55101
612 222-8423
e
November 18, 1991
Mr. Nile L. Kriesel
City Coordinator
City of Stillwater
216 No. Fourth Street
Stillwater, MN 55082
Dear Mr. Kriesel:
e
We are writing to invite you to the third and final workshop for the Systemwide
Infiltration and Inflow (III) Evaluation underway at the Metropolitan Waste Control
Commission (MWCC). The purpose of this workshop is to discuss the quantities of
III in the system that may be reduced and the benefits to the MWCC of such
reduction. We will also present possible incentive and disincentive programs that
would encourage III reduction, and discuss how the project team will evaluate these
options. Please see the enclosed agenda for more details.
The workshop will be held Wednesday, December 4, 1991, from 9:00 a.m. until
1:30 p.m., at the Dakota County Library, 1340 Wescott Road, Eagan, Minnesota. To
help us estimate attendance, please contact Mary Richardson at 222-7227 if you plan
to attend.
Once again, we hope that you attend the workshop; and the project team looks
forward to hearing your comments and concerns on this portion of the Systemwide III
Evaluation.
Very truly yours,
0V1.,c-J-....... d.~ lJ~
Gordon Voss
Chief Administrator
Attachment
e
~,
.~
J
'b
,~~.
~\J
Equal Opportunity/Affirmative Action Employer
~0
o
Metropolitan Waste Control Commission
Systemwide Infiltration/Inflow Evaluation
1I1centivejDisincentive Workshop
9:00 to 9: 15 a.m.
9:15 to 9:25 a.m.
9: 15 to 9:45 a.m.
9:45 to 10:45 a.m.
10:45 to 11:00 a.m.
11:00 to 12:00 noon
12:00 to 1:00 p.m
1:00 to 1:30 p.m.
Wednesday, December 4, 1991
Dakota County Library
Wescott Branch
1340 Wescott Road
Eagan, MN
AGENDA
Welcome and Introductions
Potential III Reduction
Benefits of III Reduction
.
Summary
Assessment of Significance
.
IncentivelDisincentive Options
· Voluntary Programs
· Economic Incentives
· Regulatory Incentives
Evaluation Criteria
Discussion
Lunch (To Be Provided)
Wrap-up
e
-
e
AGENPA
e
CITY OF OAK PARK HEIGHTS
MONDAY, NOVEMBER 25, 1991 -- 6;00 P.M.
6:00 P.M. AGENDA
I. School District Workshop
7=00 P.M. AGENPA
I. Call to Order
II. Public Hearings
1992 Budget
O'Connor - Home Occupation
School District - Continued
Wal-Mart - Continued
III. Visitors
IV.
Departmental Reports
Carufel - Administration
Kern - Streets
Seggelke - Parks
Doerr - Utilities
O'Neal - Police
Bridge Update
Cable update
V. Old Business
Investments
Summit Park Request
WMO Plan Implementation
Carbon Monoxide Detectors
e
VI. New Business
Delta Dental Rates
1992 Board of Review Dates
1992 Engineering Rates
1992 License Approval
VII. Correspondence Presented
Metropolitan Council ~ 2
Metropolitan Waste
City Auditor
MN Association of Small Cities
Stillwater Township
North Star Risk Services, Inc.
e
District 558
Washington County
Minnesota
House of
Representatives
e
Harriet A. McPherson
State Representative
COMMITTEES: EDUCATION. HIGHER EDUCATION, ENVIRONMENT AND NATURAL RESOURCES.
AGRICULTURE, LABOR MANAGEMENT RELATIONS
November 19, 1991
Mayor Wallace L. Abrahamson
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor Abrahamson:
Thank you for providing me with the City Council resolution on the matter of the 1992
presidential primary election. I appreciate having the City's official position and knowing
your support for repeal legislation.
e
I, too, am opposed to having the presidential primary take place next year. In these lean
times I fully recognize that election costs further burden already tight city budgets, especially
when the election has no local impact. In addition to the expense, I am frustrated by the
requirement added in 1990 that voters must designate their party preference in order to
receive a ballot. Since Minnesota tradition is contrary to the idea of party registration, I was
hopeful that the primary could have been accomplished without that requirement.
I support legislation to repeal the primary under these conditions. In fact, I have expressed
to my House colleagues my desire to co-author such a bill. Hopefully the issue can be
addressed early in next year's legislative session.
Sin~. ere ~71y
?~~~
Harriet McPherson
State Representative
HM/ko
e
2398 Stagecoach Trail N., Stillwater. Minnesota 55082
State Office Building. St. Paul. Minnesota 55155
o
(612) 439-3754
(612) 296-5511
s~1!Fif:~ %
e
ENCINEERS. ARCHITECTS. PLANNERS
3S3S VADNAI5 CENTER DRIVE, ST PAUL, MINNESOTA 55110 612490-2000
e
e
"'SEH
November 20, 1991
RE: STILLWATER, MINNESOTA
CITY ENGINEER
SEH FILE NO: 89114
Mr. Patrick J. Mulvehill
HCR-2
Box 54
McGrath, MN 56350
Dear Mr. Mulvehill:
We are writing this letter to you at the request of Mayor
Abrahamson to update you on the drainage study concerning your
property at 301 West Myrtle Street in the City of Stillwater.
As part of the study we have reviewed all existing data that the
City has, that is, old plans and records, and have not been able
to answer some of the questions that we have concerning the
existing storm sewer system. There are two 24" pipes that enter
into the manhole at 315 West Myrtle, but we can only find one
inlet on the west side of Sixth Street~ therefore we have a
question as to any connection or where the second 24" pipe may
originate. The second question we have is a possible restriction
in the pipe because all the old records indicate that the pipe
goes from a 24" to an 18" and back to a 27" through the front
yard of house number 315. Past history indicates that the City
maintenance forces have also found old tires, etc. in this pipe
and there is a possibility that there may be some debris
restricting the pipe at this point. In order to resolve these
two questions we need to televise the sewer in both directions
from the stone manhole in the front yard of house number 315.
As a part of the downtown proj ect, a subcontractor to Johnson
Brothers Corporation will be televising sewers on Third, Olive
and Nelson Streets in early December. We therefore will request
that they also televise this sewer, saving some cost to the City
for the televising process. After these sewers are televised, we
will be able to better address some long term solutions that will
provide relief for your drainage problem at the most cost
effective means. We will then prepare a letter report to the
City outlining the results of the investigation, what is needed
to correct the problem, and a timetable for these corrective
measures. We expect to have this investigation completed by
early January. We will make sure that you receive a copy of our
report to the City so that you may be appraised of the proposed
solution and timetable for completing the work.
SHORT ELLIOTT
HENDRICKSON INC
57 PAUL.
MINNESOTA
CHIPPEWA FALlS.
WISCONSIN
Mr. Patrick J. Mulvehill
November 20, 1991
Page #2
If you have any questions, please give me a call at (612)
490-2016.
Sincerely,
Richard E. Moore, P.E.
City Engineer
REMjcih
cc: Wally Abrahamson, Mayor, City of Stillwater
Nile Kriesel, City Coordinator
e
e
e
11-17-1991
e
e
SUPER 8 MOTEL - STILLWATER
P. O. Box 2116 · Stillwater. MN 55082 · 612-430-3990
Mayor's Office
Stillwater City Hall
216 North 4th Street
Stillwater, MN 55082
Dear Sir or Madam:
When we built this mot.el 3 years a<;]o, we i.,ere shocked to learn that
property taxes ivould amount to $ 46,146.58, almost 5% of our property's value!
To understand our position, imagine \>Ihat a homeowner would say if he/she ,.,as
assessed a tax bill based on 5% of hisjher home's property value. (ex.
$ 5,000.00 on a $ 100,000.00 home)
Resolving to make the business a successful one, we considered the bill
a cost of doing. business, albeit a very high one, and resigned ourselves to
the fact that profitability would take a bit longer than anticipated.
In 1991, our property taxes increased an additional 9% to $ 50,205.36.
Shock was replaced by anger because nobody listened when taxpayers complained
at taxation hearings and in the local paper. All of the taxpayers were told
they should be happy that property ta..,--ces didn I t increase by ~ than they did.
Now we've received the proposed taxation increase notice for 1992. Our
property is slated for an additional 6.~) increase which would put our bill
ilt about $ 53,500.00, over 6% of our property's value. We are no longer
shocked or angry. We are just scared. We don't knOl.. that profitability is in
our future. We now need to rent over 1,500 rooms just to pay property taxes!
1he portion of our property tax dollars paid to the school district alone
ui 11 pay a teacher's annual salary. Our motel doesn't maJce enough money in a
year to justify something like this. I~ makes us wonder how other small
businesses can survive in Stillwater and WClshington County. It makes us wonder
that maybe they can't. We hope that runai2Y property taxes in Stillwater and
Washington County are controlled soon, for everyone's sake.
Sincerely,
Q ~rru [; d eJ'v{ c!J Gfl~ J Ef UJIIJ/I.D l1Y1wn/Offru~
)\IcY<iA -A~ #Vnv.;t.~ ;f~SM
This property is independently owned and operated pursuant to a franchise agreement with SUPER 8 MOTELS, INC.
e
WASHINGTON COUNTY HISTORIC COURTHOUSE
i"~
r.~ 1,: ..
!~~.;"~m""~ .
/~I"-~rotJg\ ,,",,,~I.:~gjllf ~WI::;:i{~..
",0 .. /fltlli.i . 'I! ':r~ri;
'~! II . (.. :-!. I.. -.'\ '
.__. __J .-.1..... - .. -..~.
. ... ...... ,.--""--
---'::::::::::'-'''' .'.'., yp'_;u:JI:;; , , T".......-
--':'::':~..., i ,0';'.:": ~ " -- -
101 W. Pine Street
Stillwater, MN 55082
( 612)430-6233
MARLENE WORKMAN
Coordinator
November 22, 1991
Mayor Wally Abrahamson &
city Council Members
stillwater City Hall
216 N. 4th Street
Stillwater, MN 55082
Dear Mayor Abrahamson & Council Members:
e
I would like to publicly recognize Ann Terwedo, Planning Department,
for her diligence and leadership in spearheading the National Register
designation for the downtown Commercial Historic District. Ann prepared
the grant application for the site survey, administered the project and
worked closely with the State Historical Preservation Office to provide
the necessary followup for the nomination process.
It is a pleasure to work with Ann on the Heritage Preservation
Commission; the City is most fortunate to have someone of her caliber and
dedication on its staff.
e
e
r illwater
~ ---~
--- -~
THE BIRTHPLACE OF MINNESOTA J
November 22, 1991
Mr. Arnold G. Jirik
2107 Dundee Place
Stillwater, MN 55082
Dear Arnie:
e
I was disappointed to learn you were unable to meet with the
City Council on the date and time the City Council had
specifically set aside to discuss your utility bill with
you. I had further hoped this matter would have been finally
settled with the Council because, as I have stated before, I
cannot do anything further to resolve this matter.
In regards to the written questions you submitted prior to
the Trut~ in Taxation Hearing held at 7:00 P.M. Tuesday,
November 19,1991, Minnesota Statutes 1990, Section 275.065,
Subd 6 and as amended by the 1991 Legislature (Chapter 291,
Arti c 1 e 5) requi res that the taxi ng authority "hear comments
regarding a proposed increase and explain the reason for the
proposed increase. The public shall be allowed to speak and
to ask questions prior to adoption of any measure by the
governi ng body. "
I believe the City complied with the Truth in Taxation laws
and, in fact, answered all of the questions you submitted
that were not overly broad or were specifically related to
the property tax proposed by the City.
I have enclosed copies of the material that was presented at
the Public Hearing. Hopefully, the material will answer all
the questions you had submitted that were specifically
related to the property tax levy.
Si ncerely,
~X~
~L. Krlesel
City Coordinator
"
NK/sm
e
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
e
I
~....,/"."".-;r
/.,. /
1./ (;if
, .1'
f .1
, _,~/,i~ ."'f _~"" 'Fe ,1 \,~ ,,"~--..,
<:'., I l.t I' ,/' / j .A.. -" ,; /,~ /. j'/t/'ex
.., .J,. t"'''.~'"' " f _--~ '4'
- t:~ /""~~ " lif~.~~,p- !'j~.."," ,.,:.._..+<<~...t...r~ Y t,.... ,.---
':~::::"'-' J,,,^i!{~f \
"'''~I
Telephone 439-6345
McGarry- Kearney Agency
243 South Main Street,
Stillwater, Minnesota 55082
November 20, 1991
Mr. Nile Kriesel
City of Stillwater
216 North 4th Street
Stillwater, Minnesota. 55082.
Re: Steve Gustafson, theft of son's hockey breezers
Dear Nile:
As per your request I have reviewed L.M.C.I.T.'s insurance contract
with the City of Stillwater for coverage applications concerning theft
of Mr. Gustafson's son's hockey breezers from Lily Lake Ice Arena on
October 15, 1991. The property coverage part and municipal liability
coverage part require explanation of applicable coverages.
e
As defined by property coverage form No. LMCIT PM-102, personal property
of others in the care, custody, and control of City is "Covered Property".
It is accepted throughout the insurance industry, as well as interpreted
in various court cases that an insured must exercise physical control of
property before it is considered in the care, custody, and control of the
insured. According to Mr. Gustafson's letter, his son left breezers un-
attended while he skated. There is no indication any of the City's empl-
oyees were asked to take control of property or protect property in any
way; therefore, since the lost property was never under physical control
of City, the care, custody, and control coverage extension does not apply.
The municipal liability coverage part excludes property damage to property
in the care, custody and control of the City. Since we have determined
the lost property was not in the care, custody, or control of the City,
this exclusion does not apply; however, the liability coverage is trig-
gered only when the City is negligant and thus legally liable to pay dam-
ages. In this case, prior to the property damage liability coverage res-
ponding, the City would have to be found negligant in not providing storage
lockers at Lily Lake Ice Arena. I trust we are in agreement the City is
not responsible to provide lockers for personal property of others and is
certainly not negligant in not providing same.
If I ca~;pe of further assistance do not hesitate to contact me.
/
Sincerely,
.f'/i;);~/V ....-//1
/(::-':,;",.!/ .-' (/ /
I '" .
e
Rob McGarry
RM:ns
,
'..... ,
\~:.;
0",
, (J-, "
,'N.
,~\.J
/'
o. STAFF REQUEST ITEM
4IfP~RTMENT~___~~~___________ ME~TING DATE _______________
DESCRIPTION OF REQUEST (Briefly outline what the request is)
-----~------------------------------------------------------------
--------~_J_J_~_~__~~~_L_=z?L?J_~~~~__~______________
--------------------L!------------------~---------------------------
-------~$~~-------~-~---------~~---------------------
~==~=~~==~=i~~~~==~J;~=~~=~=~=~=~===~===~==~=========
-------------. ~-~--------------------~-------------------------------
C~ CI4-R.n t c.J~ .'"
------------~~-----------~--------------------------------------
, .
-----------------------------------------~------------------------
\
---------------------------------------------------------------------
----------------------------------------------------------------
. .
~---------------~------~~-~-~--~------~-------~-------~------~~~----
o .
FINANCIAL IMPACT (Briefly outline the costs, if any, that .ar~
associated with this request and the proposed sourCE of the funds
::::::~~~~~~k;r_______________~_______________:______
ADDITIONAL INFORMATION ATTACHED
YES
NO
ALL COUNCIL REQUEST I MS t:1!d~I BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE Rg NG YS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNC I L "E~TI NG I DER T 6/:/LACED I N THE COUNC I L "ATr 1::.-'1 PACKET.
SU8MITTED 8Y ___________~~--------- DATE U/~~~q~-~---
e