HomeMy WebLinkAbout1992-10-20 CC PacketSTILLWATER CITY COUNCIL
October 20, 1992
SPECIAL MEETING 4:30 P.M.
REGULAR MEETING 7:00 P.M.
4:30 P.M. AGENDA
1. Workshop with Harold Teasdale regarding Reduction of Taxes for Cottages of
Stillwater.
2. Johnson Controls Proposal for HVAC Controls.
7 :00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - Regular & Recessed Meetings of October 6, 1992.
STAFF REPORTS
INDIVIDUALS & DELEGATIONS
1. Chris & Julianne Pluth request for Variance to construct garage at 1120
No. First Street.
PUBLIC HEARINGS
1. This is the day and time for the continuation of a Public Hearing to
consider a Variance to the sideyard setback requirement (8.32 ft.
requested, 10 ft. required) & to the rearyard setback requirement (15.35
ft. requested, 25 ft.required) for the construction of a duplex on Lots 16
& 17, Block 1, Forest Ridge Add. (Eastridge Ct), located in the RB,
Two - Family Residential Dist., Case No. V/92 -44, Allen Rose, applicant.
Notice of the hearing was published in The Courier on September 24,
1992 and mailed to affected property owners.
2. This is the day and time for the Assessment Hearing on the proposed
assessment for Highlands of Stillwater, Phase II, L.I. 276.
Notice of the hearing was published in The Courier on October 1, 1992
and mailed to affected property owners.
3. This is the day and time for the Assessment Hearing on the proposed
assessment for Green Twig Way, L.I. 282.
Notice of the hearing was published in The Courier on October 1, 1992
and mailed to affected property owners.
4. This is the day and time for the Assessment Hearing on the proposed
assessment for Gloves Addition, L.I. 283.
Notice of the hearing was published in The Courier on October 1, 1992
and mailed to affected property owners.
5. Levee Wall Reconstruction and Lowell Park Expansion Plan.
UNFINISHED BUSINESS
1. Report on Boat Plaza Construction and Conditions of Approval for Benches.
2. Appointment of Downtown Project Review Task Force.
3. Report on Property at 107 North Third St. and request for Direction.
4. Possible Second Reading of the Bed & Breakfast Ordinance.
5. Possible Second Reading of the Amendment to the Wine Ordinance by Adding
Strong Beer.
6. Discussion of Handicapped Parking in Main St. /Commercial St. (Fina)
Parking Lot.
7. Development Agreement for Minnesota Zephyr.
NEW BUSINESS
1. Petition for Local Improvements - The Highlands of Stillwater, Third Add.,
Steven Fiterman, applicant.
Request for Private Septic System Approval - Berwald Family, Penthouse
Acres.
3. Request for Wine & Beer License - The Brunswick Inn, 114 E. Chestnut St.,
Duane & Martha Hubbs, Applicant.
4. Change Order No. 1, Storm Sewer in the No. 4th St. and West Wilkins St.
Ravine.
5. Application for Payment No. 2, Gloves Addition, L.I. 283.
6. Application for Payment No. 3, No. Main St. & Lowell Inn /Rivertown Commons
Parking Lots, L.I. 257 & 259.
7. Application for Payment No. 4, No. Main St. & Lowell Inn /Rivertown Commons
Parking Lots, L.I. 257 & 259.
8. Adoption of Miscellanious Assessment Rolls.
PETITIONS, INDIVIDUALS & DELEGATIONS (Continued)
CONSENT AGENDA
1. Resolution Directing Payment of Bills (Resolution No. 92 -213)
2. Applications (List to be supplied at meeting).
3. Request for approval of "Application for Exemption from Lawful Gambling
License" by St. Michael's Council of Catholic Women for event on Nov. 14,
1992.
4. Set Public Hearing date of November 10, 1992 for the following Planning
Cases:
a. Case No. SUP/92 -48 - Special Use Permit to use a public right -of -way
for a driveway access to a residential lot located south of Interlachen
Dr. & east of Maryknoll Dr. in the RA, Single- Family Residential Dist.,
Dave & Betsy Wanless, applicants.
b. Case No. SUB/92 -50 - Minor Subdivision of a 6.33 acre site into two
lots of 2.83 acres & 3.50 acres located west of Washington Ave. & south
of W. Orleans (east 1/2 of Outlot A) in the BP -I, Business Pk. Indus.
Dist., Bill Pauley, applicant.
2
. Case No. SUP/92 -52 - Special Use Permit to construct a 23,625 sq.ft.
warehouse facility with a 7,200 sq. ft. retail & office area located
west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot
A, Parcel 1) in the BP -I, Bus.Pk. Indus. Dist., Washington Co. HRA,
applicant.
COUNCIL REQUEST ITEMS
STAFF REPORTS (Continued)
COMMUNICATIONS /REQUESTS
1. Arthur Palmer - Regarding MS469.190 Lodging Tax Legislative Exemption.
QUESTIONS /COMMENTS FROM NEWS MEDIA
ADJOURNMENT
M E M O R A N D U M
TO: Mayor and City Council
FR: Diane Deblon, Finance Director
DA: October 15, 1992
RE: REQUEST FOR ABATEMENT OF TAXES ON PID #11175 -2200, HAROLD TEASDALE, OWNER
Background
Mr. Teasdale has previously filed an application for abatement of Payable 1992
Taxes on PID #11175 - 2200. This parcel is located in the TIF District and is
subject to a development agreement with the City. The application for abatement
was approved by the County, denied by the City and subsequently reviewed by the
State of Minnesota. The State of Minnesota denied the request (copy attached).
Analysis
Attached to this memo are copies of the application for abatement and copies of
pertinent pages of the development agreement.
Page Two of the application for abatement shows that there is no reduction in
dollar value, but rather a change in classification and rates to reduce the tax
capacity by $10,329 and a corresponding property tax reduction of $12,127.38.
On Page Twenty of the redevelopment agreement for this property, Section 6.3(c)
states that the developer agrees that it will not request the county assessor
to assess the property on any basis other than as 3d residential (i.e., - no
change in classification and rates).
Conclusion
The redevelopment agreement is clear as to prohibiting the change in
classification. If the City Council decides to allow a change, you should be
prepared for other similar requests and the possibility of levying a general
property tax to make bond payments for tax increment bonds outstanding.
Recommendation
Deny the request pursuant to the development agreement.
MINNESOTA Department of Revenue
Local Government Services Mail Station 3340 St. Paul, MN 55146 - 3340
Phone: (612) 296 -0185 Fax: (612) 297 -2166
June 3, 1992
Mr. Richard H. Stafford
Auditor- Treasurer
Washington County Government Center
14900 61st Street North
Stillwater, Minnesota 55082 -0006
Dear Mr. Stafford:
The Commissioner of Revenue hereby rejects the abatement request for
property tax I.D. 11175 -2200 located in the city of Stillwater in the amount
of $12,127.38 for taxes payable in 1992.
The reason for rejecting this abatement request is the fact that there is a
development agreement in place on the property and the development
agreement provides that the redeveloper will not cause a reduction in the
real property taxes paid in respect of the redevelopment property below
the amount sufficient to pay the principal and interest due on the bonds by
means of an application to the Commissioner of Revenue requesting an
abatement of real property taxes.
If you have any questions, please feel free to contact me.
Yours truly,
MICHAEL P. WANDMACHER, Director
Local Government Services Division
cc: Diane Deblon,`Stillwater City Finance Director
Gary Poser, Tax Division Manager, Washington County
An equal opportunity employer
APPLICATION FOR REDUCTION IN VALUATION
OF REAL ESTATE AND /OR REFUND OF TAXES PAID
(M.S. 375.192)
Please print or type.
ForTaxes.Levied in 19 'l/
and Payable in 19 `i-z-
Applicant's Name QX L 4'4 ,c)5 /--to z77
Aapplicant's Social Security Number
"elephone (work) ( )
'elephone (home) ( )
Applicant's Mailing Address
5 o /274 iXo
Si /, L. .515% "/
)ESCRIPTION OF PROPERTY Property I.D. or Parcel Number/ / / 75 c„7�D6) _ D _ Dw2
treet Address (if different than above)
City or Township
Si
//a1/9-7Z-/C
School District No.
Legal Description of Property:
ASSESSOR'S ESTIMATED MARKET VALUE:
Land $ Structures $ /6, 5 5 o u Total $ Class
APPLICANT'S STATEMENT OF FACTS:
I believe an error in assessment occurred for the following reason(s):
1. Owner's Estimate of Market Value:
Land $ Structures $
What do you base this value estimate on? Explain.
Total $
2. Date Property Acquired
Type of instrument used to convey title:
Purchase Price $
Cost of additions and improvements since purchase $
APPLICANTS REQUEST
Applicant affirms no proceedings of any kind for correction of the assessment against said property are now pending in any court. Applicant believes that this
property is assessed higher than property in the same class and of the same value in this assessment district and therefore requests that the assessed valuation/
tax capacity be reduced and that the market value of said property for said year be reduced to and fixed at S . This statement is a true
and full statement of all facts known to the applicant relative to this matter.
Appl' nt's Signature
/ --
Date
NOTE: Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a
basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of this statement
knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than
53.000. or both."
3.
REPORT OF INVESTIGATION
After examining the applicants claims, I have carefully investigated this application and find the facts to be as follows:
•
Signature of Investigator
/ -z' -��.
The following accurately reflects both existing and proposed amounts.
Date
OriginaP761 5
l.3 moo
/&.5:5---:?00
9
r-i -.7,3 a,7
Proposed x705
�.. 9zoc.)
1'G., qo 0
0�o�vo
795.4� oo
9� :.00
i 1/4)0
�, : o
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6/6/4 /R
Reduction
b
d
° T
/Q 36
)
/o 0 -`j;'
E Tax Is Paid Date 19
❑ Tax Is Not Paid
NOT £ For this :ba ism strlta�ea .;
PAS , t1+e a sse saor, coun auditor ■ndfhe all t:::;::;::::;>: is kn.
. =Y �tu�tj!bosrdo�c�iorrerarnus#ei1 b�!cteb�yrsflo�rrmandits+
ASSESSOR'S RECOMMENDATION (County assessor or city assessor i in cities)
A-Z-7 C4D-Irl\---- . 11S1?-f\fr\SZ---
Local Tax Rate
r� .PPRi1YAL
Approved
CDenied
E Approved
❑ Approved
C Denied
Assessor's Signature
...........................
COUNTY AUDITOR'S RECOMMEND • ATION • • • ' • • • •
..............
Auditor's Signature
COUNTY BOARD OF COMMISSIONER'S ACTION (To be completed by county auditor)
EDenied
I certify that at a meeting held , 19 the County board, took the above official action on this
abatement. This action was duly adopted and entered upon the minutes of its proceedings as a public record, showing the names of
taxpayers, other concerned persons and the amounts involved.
CERTI ICATIOK :O tNA1- Rt�llAi.
(Complete only for approved abatements)
I further certify that the approval of this abatement has resulted in the following changes:
, eduction Of Tax
eduction Of Penalty
Reduction Of Interest
Total Reduction /Refund
Total Payable
$
•
ARTICLE VI
Tax Increment
Section 6.1. Tax Increment Guarantee. (a) In the event that the Tax
Increment generated by the Redevelopment Property in the year 1988 is less than
$34,875 and beginning in calendar year 1989 in the event that the tax
increment to be generated by the Redevelopment Property in any year is less than
$62,000.00, the City shall provide notice to the Redeveloper of such fact and the
amount of the deficiency in tax increment. Thirty (30) days after receipt of such
notice the Redeveloper shall be liable for and shall pay to the City the amount of
such deficiency, provided, that the Redeveloper shall not be obligated to make such
deficiency payments prior to the dates on which tax payments for the
Redevelopment Property would be due in each year.
(b) The obligation of the Redeveloper to make the payments provided for
in this Section 6.1 shall be absolute and unconditional irrespective of any defense
or any rights of setoff, recoupment or counter -claim it might otherwise have
against the City or any other government body or other person.
(c) Notwithstanding any other provision of this Agreement to the
contrary, the City shall not be entitled to receive and the Redeveloper shall not be
required to make any payment under this Section 6.1 of this Agreement unless and
to the extent that the City has received an opinion of nationally recognized bond
counsel to the effect that the receipt of such payment, or a portion thereof, will
not render interest on the Bonds includible in gross income for federal tax
purposes.
Section 6.2. Tax Increment Certification. On or before the date of issuance
of the Bonds, the City shall establish a tax increment district within the
Development District and shall request that the county auditor of the County
certify the Assessed Market Value of all taxable real property in the Development
District pursuant to Minnesota Statutes, Section 273.76. The City shall pledge and
appropriate the tax increment generated by such real property to the payment of
the principal of, premium, if any, and interest on the Bonds.
Section 6.3. Real Property Taxes. (a) The Redeveloper shall pay when due
all real property taxes payable with respect to the Redevelopment Property
subsequent to execution of the Redevelopment Property Deed.
(b) The Redeveloper agrees that prior to the Maturity Date: (1) it will not
seek administrative review or judicial review of the applicability of any real estate
tax statute determined by any Tax Official to be applicable to the Redevelopment
Property or Minimum Improvements or raise the inapplicability of any such real
estate tax statute as a defense in any proceedings, including delinquent tax
proceedings; (2) it will not seek administrative review or judicial review of the
constitutionality of any real estate tax statute determined by any Tax Official to
be applicable to the Redevelopment Property or Minimum Improvements or raise
the unconstitutionality of any such real estate tax statute as a defense in any
proceedings, including delinquent tax proceedings; (3) it will not cause a reduction
in the real property taxes paid in respect of the Redevelopment Property below the
amount sufficient to pay the principal and interest due on the Bonds through: (A)
willful destruction of the Redevelopment Property or any part thereof; (B) willful
• refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of
this Agreement; (C) a request to the city assessor of the City or the county
assessor of the County to reduce the Assessed Market Value of all or any portion of
the Redevelopment Property; (D) a petition to the board of equalization of the City
or the board of equalization of the County to reduce the Assessed Market Value of
all or any portion of the Redevelopment Property; (E) a petition to the board of
equalization of the State or the commissioner of revenue of the State to reduce the
Assessed Market Value of all or any portion of the Redevelopment Property; (F) an
action in a District Court of the State or the Tax Court of the State pursuant to
Minnesota Statutes, Chapter 278, or any similar State or federal law, seeking a
reduction in the Assessed Market Value of the Redevelopment Property; (G) an
application to the commissioner of revenue of the State requesting an abatement
of real property taxes pursuant to Minnesota Statutes, Chapter 270, or any similar
State or federal law; and (H) any other proceedings, whether administrative, legal
or equitable, with any administrative body within the City, the County, or the
State or with any court of the State or the federal government. The Redeveloper
shall not, prior to the Maturity Date, apply for a deferral of property tax on the
Redevelopment Property pursuant to Minnesota Statutes, Section 273.86, or any
similar law.
(c) The Redeveloper further agrees that prior to the Maturity Date, it
will not request the County Assessor to assess the Redevelopment Property and the
Minimum Improvements on any basis other than as Class 3d residential real estate
under Minnesota Statutes, Section 273.13, Subd. 19.
Section 6.4. Assessment Agreement. Prior to execution of the Redevelop-
ment Property Deed pursuant to Article III of this Agreement, the Redeveloper and
the City shall execute the Assessment Agreement, substantially in the form of the
Assessment Agreement contained in Schedule C of this Agreement. The
Assessment Agreement shall provide that the Assessed Market Value of the
Minimum Improvements upon completion of 36 units shall be equal to $918,885.00
and upon completion of the remainder of the Minimum Improvements shall be equal
to $1,635,350.00, until the Maturity Date.
•
M E M O R A N D U M
TO: Mayor and City Council
PR: Nile L. Kriesel, City Coordinator
DA: October 16, 1992
RE: JOHNSON CONTROLS PROPOSAL
Representatives from Johnson Controls, Inc., will be at the 4:30 meeting to
discuss a HVAC Capital Improvement Program with the City Council. Diane and I
have been discussing HVAC improvements with Johnson Controls, Inc., and we
believed their proposal is worth looking at from an energy savings standpoint
and for a more uniform heating and cooling standpoint.
Details of the proposal will be given at the meeting. We have also asked NSP
energy specialists to be at the meeting to help us evaluate the proposal.
Lte.
•
PERFORMANCE CONTRACTING
FOR
THE CITY OF STILLWATER
PRESENTED BY:
ANNA SORBIE
SALES ENGINEER,
SYSTEMS & SERVICES DIVISION
OCTOBER 20, 1992
MARK RUUD
PROJECT MANAGER,
ENERGY SERVICES
•
TABLE OF CONTENTS
Executive Summary 1
Challenges in Government 2
Opportunity 2
A Performance -based Partner 3
Improvement Measures and Benefits 5
Consider Johnson Controls 5
Lease Purchase 6
Outright Purchase 7
Appendix 8
Executive Summary
Johnson Controls, Inc., is pleased to submit a preliminary proposal for a Performance
Contracting Program at the City of Stillwater. Information regarding Johnson Controls,
Inc., and our services, which should be beneficial to your evaluation, have been included
within the proposal.
The City of Stillwater consulted with Johnson Controls and expressed their need for
maintaining a comfortable, productive working environment efficiently, effectively, yet
economically. Johnson Controls extends a unique solution through its customized
Performance Contracting Program. Our Performance Contracting Program eliminates risk
and the need for capital investments by guaranteeing the energy savings achieved will
exceed the cost of the program. The program recommended for the City of Stillwater
includes guaranteed savings and a positive cash flow.
Johnson Controls, Inc., maintains a fully staffed, autonomous Branch Office in Minneapolis
which allows us to respond directly to your installation and service needs on a local basis.
We have the local experience to successfully complete your project. In addition to our
installation background, we provide continuing service to all of our customers. In fact, we
believe that it is our service capabilities, and on -going customer relations that establish
Johnson Controls, Inc., as the industry leader.
We hope that this Executive Summary properly indicates our abilities and conveys our
intentions to dedicate ourselves to this project. With what follows, we hope to explain
some of the more important features and characteristics of the Performance Contracting
Program proposed and how they will ultimately benefit the City of Stillwater.
We would like to extend a special thanks to Nile Kriesel, Diane Deboln, and Paul Glaser
for assisting our efforts in the feasibility analysis of your facilities.
1
Challenges in Government
Necessary expenditures on buildings and institutional reform place unreasonable demands
on an insufficient government funding system. The recession, escalating costs, and state
funding changes will further complicate fiscal issues. All in all, there are greater demands
for fewer dollars at a time when results are a must.
Opportunity
We conducted an initial feasibility evaluation of your buildings, budgets and operating
practices, that revealed opportunities for cost savings in the following general categories:
Energy: During 1991, the City of Stillwater consumed between $1.23 and $1.49 /square
foot. Municipal buildings in the State of Minnesota consume, on the average, between
$ .89 and $1.00 /square foot.
2
•
A Performance -based Partner
Our performance -based partnerships with government, school districts, hospitals, and
private sector businesses nationwide are based on an innovation in procurement called
performance contracting. Performance contracting is a solution -based procurement
program that addresses building operating inefficiencies while maximizing comfort and
productivity. It is a procurement program because we ensure that all improvements to the
buildings will pay for themselves and generate additional funds for re- investment in
municipal programs (See Appendix for Minnesota State Statute 471.345). Our offering has
evolved from an experimental approach initiated more than ten years ago, and presently
includes all the services necessary to carry a project from conception through completion, to
actual dollars savings.
Performance contracting is distinguished from traditional procurement methods, facility
improvements, and energy - related offerings by the following qualities:
• Financial risks, as well as technical performance, are transferred
to Johnson Controls, and;
• The process is continually managed by Johnson Controls, allowing
you to focus on improving the quality of life in your community.
Our in -depth approach to evaluation and implementation consistently produces the dollar
savings that are projected and guaranteed.
Process
1. Feasibility Analysis
2. Preliminary Proposal
3. Board Letter -of - Intent
4. Project Development
5. Board Approval
6. Implementation Training
7. On -going Monitoring & Maintenance
We have completed a feasibility analysis and will complete our project development upon
your notice to proceed. The subsequent phases will proceed at the discretion of the City of
Stillwater.
Feasibility Analysis - Step 1
Our surveys of the Municipal Building and the Library included the following fact - finding
tasks:
• gather maintenance procedures, schedules, records, and
• operating logs;
• determine occupancy schedules;
• examine critical areas
- outdoor air ventilation
- building air- tightness and infiltration
- heating and cooling equipment maintenance, control &
efficiency;
- lighting levels and color renditions;
- safety and code - compliance;
• gather the energy conservation ideas of in -house personnel
while discussing comfort and control problem areas.
4
Improvement Measures and Benefits
Based on the survey findings, the following improvements were explored for each facility:
• temperature control system improvements
• mechanical system modifications
• electrical system enhancements
• life - safety and security system enhancements
These modifications to the Municipal Building and Library will provide:
• an improvement in the comfort level,
• improved indoor air quality,
• increased lighting levels,
• energy savings,
• extended equipment life, and
• compliance with Minnesota State Statutes.
Consider Johnson Controls
Your acceptance of our invitation by Letter of Intent (see appendix for sample) will
authorize Johnson controls to proceed as follows:
• Complete our evaluation by conducting a thorough engineering
and operational analysis of the Municipal Building and Library;
• Validate our preliminary findings and confirm implementation
costs and projected savings; and
• Execute contract documents for a performance -based contract.
5
Program Finances
Costs
Equipment Expenditures
Annual Maintenance &
& Monitoring Expenditures
Savings
Utility Savings
Maintenance (Projected)
NSP Rebate
$39,856
$4,300
$12,830
$2,100
$1,766
LEASE PURCHASE
CITY OF STILLWATER
Investment Decision
Discounted Interest Rate
Net Present Value
Internal Rate of Return
Simple Payback (Years)
4%
$41,659
23.2%
2.6
Financing Decision
Discounted Interest Rate
Term (Years)
Annual Capital P & I Payment
Annual Positive Cash Flow
10 -Year Positive Cash Flow
7%
5
$12,982
$1,948
$62,890
Total
Years
Annual
Total
Annual
Payment
Annual
Total
Annual
Savings
Net
Annual
Savings
Cumulative
Savings
Lease
Payment
Maintenance
Payment
Utilities
Savings
Maintenance
Savings
0
$0
$0
$0
$0
$0
$0
$0
$0
1
$8,682
$4,300
$12,982
$12,830
$2,100
$14,930
$1,948
$1,948
2
$8,682
$4,300
$12,982
$12,830
$2,100
$14,930
$1,948
$3,896
3
$8,682
$4,300
$12,982
$12,830
$2,100
$14,930
$1,948
$5,844
4
$8,682
$4,300
$12,982
$12,830
$2,100
$14,930
$1,948
$7,792
5
$8,682
$4,300
$12,982
$12,830
$2,100
$14,930
$1,948
$9,740
6
$0
$4,300
$4,300
$12,830
$2,100
$14,930
$10,630
$20,370
7
$0
$4,300
$4,300
$12,830
$2,100
$14,930
$10,630
$31,000
8
$0
$4,300
$4,300
$12,830
$2,100
$14,930
$10,630
$41,630
9
$0
$4,300
$4,300
$12,830
$2,100
$14,930
$10,630
$52,260
10
$0
$4,300
$4,300
$12,830
$2,100
$14,930
$10,630
$62,890
Total
$43,410
$43,000
$86,410
$128,300
$21,000
$149,300
$62,890
$62,890
S t t
•
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•
APPENDIX
Annual Energy Use Evaluation
Letter Regarding Exit Sign illumination
State Statute 472.345, Subdivision 13
Implementation Issues
Sample Letter of Intent
An Invitation to Proceed
•
•
8
~ t
Annual Energy Use
• City of Stillwater
City Hall 17,300 Square Feet
Electric City Hall State Avg City Hall State Avg Baseline
KBTU $/Year KBTU/SF KBTU/SF $/SF $/SF KWH/Yr
961,381 13507.81 55.57 27.08 0.78 0.49 281682
Gas City Hall State Avg City Hall State Avg Baseline
KBTU $/Year KBTU/SF KBTU/SF $/SF CCF/Yr
2,057,425 $7,765 118.93 79.18 0.45 0.40 19,975
City Hall Total City Hall State Avg City Hall State Avg Difference
KBTU KBTU/SF KBTU/SF $/SF $/SF $
3,018,806 174.50 106.26 1.23 0.89 5,876
Library 12,200 Square Feet
•
Electric Library State Avg Library State Avg Baseline
KBTU $/Year KBTU/SF KBTU/SF $/SF S/SF KWH/Yr
830,861 $12,678 68.10 39.50 1.04 0.63 243,440
Gas Library State Avg Library State Avg
KBTU $/Year KBTU/SF KBTU/SF $/SF $/SF CCF/Yr
1,414,293 $5,441 115.93 55.86 0.45 0.37 13,731
Library Total Library State Avg Library State Avg Difference
KBTU KBTU/SF KBTU/SF $/SF $/SF $
2,245,154 184.03 95.36 1.49 1.00 $5,907
Conversion Factors
7,350 Heating Degree Days
3,413 BTU/KWH
• 103,000 BTU/CCF
MINNESOTA
Department of
Public Service
July 1, 1991
TO WHOM IT MAY CONCERN
RE: Exit Sign Illumination
4
790 American Center
150 East Kellogg Boulevard
St. Paul, Minnesota 55101 -14%
(612) 296 -7107
FAX (612) 297 -1959
The following changes in building codes have been mandated by the
Laws of Minnesota 1991, Chapters 149 and 235, both of which
contain identical language. These changes will be codified and
become part of Minnesota Statutes Sections 168.61, Subd. 3, and
299F.011.
j [EXIT SIGN ILLUMINATION.] The code must prohibit the
use of incandescent bulbs, except for battery - powered back -up
bulbs, in internally illuminated exit signs.
Sec. 2. Minnesota Statutes 1990, section 299F.011, is
amended by adding a subdivision to read:
Subd. 4c. (EXIT SIGN ILLUMINATION.) The uniform fire code
must prohibit the use of incandescent bulbs, except for
battery - powered back-up bulbs, in internally illuminated exit
signs.
Sec. 3. (EFFECTIVE DATE.)
Sections 1 and 2 are effective January 1, 1994, and apply
to all internally illuminated exit signs in use on or after that
date.
If you have questions regarding the above matter, contact:
the Energy Innmmntion Center at 296 -5175•
AN EQUAL OPPORTUNITY EMPLOYER
Printed on Recycled Paper to Save Energy
AIN. 643
•
471.345 UNIFORM MUNICIPAL CONTRACTING LAW
Subd. 13. Energy efficiency projects. The following definitions apply to this
subdivision.
(a) "Energy conservation measure" means a training program or facility
alteration designed to reduce energy consumption or operating costs and includes:
(1) insulation of the building structure and systems within the building;
(2) storm windows and doors, caulking or weatherstripping, multiglazed
windows and doors, heat absorbing or heat reflective glazed and coated window and door
systems, additional glazing, reductions in glass area, and other window and door system
modifications that reduce energy consumption;
(3) automatic energy control systems;
(4) heating, ventilating, or air conditioning system modifications or
replacements;
(5) replacement or modifications of lighting fixtures to increase the energy
efficiency of the lighting system without increasing the overall illumination of a facility,
unless an increase in illumination is necessary to conform to the applicable state or local
building code for the lighting system after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of energy such as heat, as
well as electricity, for use primarily within a building or complex of buildings;
(8) energy conservation measures that provide long -term operating cost
reductions.
(b) "Guaranteed energy savings contract" means a contract for the evaluation and
recommendations of energy conservation measures, and for one or more energy
conservation measures. The contract must provide that all payments, except obligations on
termination of the contract before its expiration, are to be made over time, but not to
exceed ten years from the date of final installation, and the savings are guaranteed to the
extent necessary to make payments for the systems.
(c) "Qualified provider" means a person or business experienced in the design,
implementation, and installation of energy conservation measures. A qualified provider to
whom the contract is awarded shall give a sufficient bond to the municipality for its faithful
performance.
Notwithstanding any law to the contrary, a municipality may enter into a guaranteed
energy savings contract with a qualified provider to significantly reduce energy or operating
costs.
Before entering into a contract under this subdivision, the municipality shall provide
published notice of the meeting in which it proposes to award the contract, the names of the
parties to the proposed contract, and the contract's purpose.
•
Before installation of equipment, modification, or remodeling, the qualified provider
shall first issue a report, summarizing estimates of all costs of installations, modifications,
or remodeling, including costs of design, engineering, installation, maintenance, repairs or
debt service, and estimates of the amounts by which energy or operating costs will be
reduced.
A guaranteed energy savings contract that includes a written guarantee that savings
will meet or exceed the cost of energy conservation measures is not subject to competitive
bidding requirements of section 471.345 or other law or city charter. The contract is not
subject to section 123.37.
A municipality may enter into a guaranteed energy savings contract with a qualified
provider if, after review of the report, it finds that the amount it would spend on the energy
conservation measures recommended in the report is not likely to exceed the amount to be
saved in energy and operation costs over ten years from the date of installation if the
recommendations in the report were followed, and the qualified provider provides a written
guarantee that the energy or operating cost savings will meet or exceed the costs of the
system. The guaranteed energy savings contract may provide for payments over a period of
time, not to exceed ten years.
A municipality may enter into an installment payment contract for the purchase and
installation of energy conservation measures. The contract must provide for payments of
not less than one -tenth of the price to be paid within two years from the date of the first
operation, and the remaining costs to be paid monthly, not to exceed a ten -year term from
the date of first operation.
Guaranteed energy savings contracts may extend beyond the fiscal year in which
they become effective. The municipality shall include in its annual appropriations measure
for each later fiscal year any amounts payable under guaranteed energy savings contracts
during the year. Failure of a municipality to make such an appropriation does not affect the
validity of the guaranteed energy savings contract or the municipality's obligations under
the contracts.
• IMPLEMENTATION ISSUES.
During the development of your proposal, several implementation issues were
discussed that are specific to the City of Stillwater's Performance Contracting Program.
The following information addresses those issues.
* How can the City of Stillwater use the current service provider and the
Johnson Controls Performance Contracting Program concurrently?
Johnson Controls will service the equipment installed for the program
improvements and the current provider may service other equipment as desired by
the City. Should there be comfort problems, Johnson Controls would be contacted.
How much will the Project Development cost should the City decide not to
follow through with the Program?
Assuming that the cash flow is as positive, if not better, than what Johnson
Controls is projecting in this proposal, we will charge a nominal $1,500
engineering fee if you decide not to use your Program. We would like to note that
this will not cover our expenses, but is an attempt to assure your commitment to the
Program.
* How can the City terminate the Program and the energy savings guarantee?
The City of Stillwater need only notify Johnson Controls 30 days in advance.
* What happens to our facilities after the term of the guarantee?
Johnson Controls would like to continue the partnership to ensure comfort, safety,
and energy efficiency. Whether during the term of your Program or after, we will
make every effort to consult with you on these matters.
City of Stillwater
216 Fourth Street North
Stillwater, Minnesota 55082
LETTER OF INTENT
Anna Sorbie
Johnson Controls, Inc.
1801 -67th Avenue North
Minneapolis, Minnesota 55430
Dear Anna:
The City of Stillwater has reviewed Johnson Controls Performance Contracting Program.
We would like to have Johnson Controls perform the program outlined in the attached
proposal and achieve the savings in the manner proposed therein.
The City Council authorizes the City Coordinator to enter into an agreement with
Johnson Controls for the Performance Contracting Program based upon the following
criteria:
Johnson Controls is to perform an in -depth survey and engineering study, and
arrange the contractual and financial documentation.
The in -depth survey and engineering study determines that the final cost will be
covered completely by the savings so the program is self - funding.
That the program is in complete compliance with Minnesota statute 471.345,
Subdivision 13 titled "Energy Efficiency Projects."
Contracts to be presented to the City Coordinator by (insert date) with his /her
approval no later than (insert date).
Sincerely,
CITY OF STILLWATER
•
An Invitation to Proceed
1. Feasibility Analysis 3/92 - 5/92
2. Preliminary Proposal 5/13/92 - 9/18/92
3. Letter - of - Intent 10/20/92
4. Project Development
5. Board Approval
6. Implementation & Training
7. Monitoring and Management
RECESSED MEETING
STILLWATER CITY COUNCIL
MINUTES
October 6, 1992
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:
Press:
Others:
City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
Comm. Dev. Director Russell
Planning Comm. Chair Fontaine
City Planner Pung - Terwedo
City Clerk Johnson
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Jim Gaines, St. Croix Valley Press
David Paradeau, Helen Murtha, Sharon Prelgo, Chuck Dougherty,
Duane & Martha Hubbs, R. Kilty, Mike Dvorak, Art Palmer, Mr.
Brillhart, Mr. & Mrs. Graybill.
APPROVAL OF MINUTES
Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the
minutes of the Regular & Recessed Meetings of Sept. 8, Special Meetings of
Sept. 9 & 17 and Regular Meeting of Sept. 22, 1992 as presented. (All in
favor).
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS - None
PUBLIC HEARINGS
1. This is the day and time for the Public Hearing to consider a Variance to
the frontyard setback requirements for a carport (30 ft. required, 24 ft.
requested) at 1107 No. Martha St. in the RB, Two - Family Residential Dist.,
Case No. V/92 -38, Helen M. Murtha, applicant.
Notice of the hearing was published in The Courier on September 24 and
mailed to affected property owners.
Mr. Russell explained the request for a variance for a carport constructed
without a building permit. Additional information was presented placing
the carport seven ft. in back of the front of the Martha St. property line.
Mrs. Murtha also presented a petition from her neighbors stating no
objections to the construction. Mr. Fontaine stated the Planning
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Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
Commission denied the request because there is another garage and they did
not see a hardship. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
a Variance to the frontyard setback requirements for a carport (30 ft. re-
quired, 24 ft. requested) at 1107 No. Martha St. in the RB, Two - Family Residen-
tial Dist., Case No. V/92 -38, Helen M. Murtha, applicant. (Ayes - 4; Nays -
1, Councilmember Farrell).
2. This is the day and time for the Public Hearing to consider a Variance
to the sideyard setback requirement (8.32 ft. requested, 10 ft. required)
& to the rearyard setback requirement (15.35 ft. requested, 25 ft.
required) for the construction of a duplex on Lots 16 & 17, Block 1,
Forest Ridge Add. (Eastridge Ct), located in the RB, Two - Family
Residential Dist., Case No. V/92 -44, Allen Rose, applicant.
Notice of the hearing was published in The Courier on September 24,
1992 and mailed to affected property owners.
Motion by Councilmember Opheim, seconded by Councilmember Funke to continue
the request for a Variance to the sideyard setback requirement (8.32 ft. re-
quested, 10 ft. required) & to the rearyard setback requirement (15.35 ft.
requested, 25 ft.required) for the construction of a duplex on Lots 16 & 17,
Block 1, Forest Ridge Add. (Eastridge Ct), located in the RB, Two - Family Resi-
dential Dist., Case No. V/92 -44, Allen Rose, applicant, to the October 20,
1992 meeting. (All in favor).
3. This is the day and time for the Public Hearing to consider a Variance to
the Sign Ordinance for the placement of two signs for a business in a
multiple use structure located at 402 So. Main St. in the CBD, Central
Bus. Dist., Case No. V/92 -45, Sondra Gozzi, applicant.
Notice of the hearing was published in The Courier on September 24,
1992 and mailed to affected property owners.
Mr. Russell stated the request is to place three signs at Vittorio's for a
business in the rear which may be hard to locate without the signage. The
total square footage is 24.34 sq. ft. The Heritage Preservation Comm. had
requested the white painted sign be removed. Sharon Prelgo, representing
Ms. Gozzi, was present. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the
request for a Variance to the Sign Ordinance for the placement of two signs
for a business in a multiple use structure located at 402 So. Main St. in the
CBD, Central Bus. Dist., as conditioned, Case No. V/92 -45, Sondra Gozzi, appli-
cant. (All in favor.)
2
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Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
4. This is the day and time for the Public Hearing to consider a Variance to
the sideyard setback requirement (3 ft. requested, 5 ft. required) for the
construction of a 616 sq. ft. addition town existing detached garage
located at 1207 W. Ramsey St. in the RB, Two - Family Residential Dist.,
Case No. SUP/92 -46, Lowell O. Warner, applicant.
Notice of the hearing was published in The Courier on September 24,
1992 and mailed to affected property owners.
Mr. Russell explained the variance request is for a sideyard setback for
construction of a 616 sq. ft. garage addition. Mayor Abrahamson closed
the public hearing.
Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the
request for a Variance to the sideyard setback requirement (3 ft. requested, 5
ft. required) for the construction of a 616 sq. ft. addition to an existing
detached garage located at 1207 W. Ramsey St. in the RB, Two - Family Residen-
tial Dist., Case No. V/92 -46, Lowell 0. Warner, applicant. (All in favor).
5. This is the day and time for the Public Hearing to consider a Variance to
the frontyard setback requirement (2 ft. proposed, 30 ft. required) &
approval to use a portion of No. Fourth St. for a private drive, located
on No. Fourth St. between Poplar & Hazel Streets in the RA, Single - Family
Residential Dist., Case No. V/92 -47, George & Kathleen Middleton,
applicants.
Notice of the hearing was published in The Courier on September 24 and
mailed to affected property owners.
Mr. Russell stated the request is to construct a single- family residence
located off the end of No. Fourth St. which has irregular topography and
difficult to access. In an earlier discussion, it was suggested to use
the park road for access, but the No. Fourth St. access will be a better
situation and Mr. Fontaine stated the Planning Commission agreed. Mayor
Abrahamson closed the public hearing. Also, a permit /license will need to
be obtained from the City to use a public street as driveway access.
Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve
the request for a Variance to the frontyard setback requirement (2 ft. pro-
posed, 30 ft. required) & approval to use a portion of No. Fourth St. for a
private drive, located on No. Fourth St. between Poplar & Hazel Streets in the
RA, Single- Family Residential Dist., as conditioned, including a driveway
access license, Case No. V/92 -47, George & Kathleen Middleton, applicants.
(All in favor).
6. This is the day and time for the Public Hearing to consider a Special Use
Permit to conduct a gymnastic facility in an existing structure at 1709
Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
So. Greeley St. located in the BP -I, Business Pk. Indus. Dist., Case No.
SUP/92 -49, Mike Dvorack, applicant.
Notice of the hearing was published in The Courier on September 24,
1992, and mailed to affected property owners.
Mr. Russell explained the request is to use a 10,000 sq. ft. building,
previously used for manufacturing, for a gymnastic center. Some
improvement will need to be made regarding parking access and signage.
The applicant requested that full improvements be allowed to be delayed
until 1994. Conditions of approval include clean -up of the area,
improving the parking lot with gravel and lighting be provided before
occupancy. Mr. Fontaine stated the Planning Commission approved the
request.
Mike Dvorak, representing the developers, was present and stated the
property owners and manager of the business are agreeable to the
conditions. Mayor Abrahamson closed the public hearing.
Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the
request for a Special Use Permit to conduct a gymnastic facility in an exist-
ing structure at 1709 So. Greeley St. located in the BP -I, Business Pk. Indus.
Dist., as conditioned, Case No. SUP/92 -49, Mike Dvorack, applicant. (All in
favor).
UNFINISHED BUSINESS
1. Appointment to Downtown Review Task Force.
Mr. Russell requested that this item be continued until the next meeting.
Mr. Russell presented a question from the Parking Task Force regarding
current ordinances which state that members of City committees and
commissions shall be residents of the City. Council discussion followed
and the consensus is that members of committees, who are not residents,
could continue on the committee until their term has expired and then
should be replaced by residents of the City. An argument presented
against this is that some business owners pay taxes to the City, even
though they live outside the City.
2. Update on Minnesota Zephyr.
David Paradeau was present to state he has received financing for the
construction of the depot and presented a letter from Signal Bank who have
approved the Zephyr financing. Mr. Paradeau also stated Washington County
has given him a Conditional Use Permit to operate and he will start
building in six to eight weeks. He requested that the lease dollars he
has been paying the last two years be excluded from the actual purchase
price of the property and would also like to look at a more favorable
4
Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
interest rate. Council and Staff discussion followed and this request
will be reviewed by the Finance Director.
3. Final Plat Approval for Gloves Addition, Case No. SUB /91 -61, Scott Grover,
Applicant.
Mr. Russell stated the proposed Final Plat is consistent with the
Preliminary Plat. Mr. Moore advised that some improvements need to be
finished.
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt
the appropriate resolution accepting Final Plat for Gloves Addition, L.I. 283,
subject to acceptance of public improvements. (Resolution No. 92 -206)
Ayes Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
3a. Final Plat Approval for Highlands Third Addition
Mr. Russell explained the proposed Final Plat and PUD request are
consistent with the Preliminary Plat and explained the conditions of
approval including the easements to Lily Lake School. Mr. Moore explained
that utilities will be constructed this fall with completion of the
project next spring and the Final Plat will be recorded at that time. He
also stated the Water Board is concerned that the deed be presented for
the well site.
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt
the appropriate resolution giving Final Plat and PUD approval for Highlands of
Stillwater, 3rd Addition, as conditioned in Mr. Russell's report of Oct. 2,
1992 and requiring a deed for new well property for the Water Board.
(Resolution No. 92 -207)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
Council recessed and reconvened at 8:05 P.M.
NEW BUSINESS
1. Possible First Reading of Ordinance Regulating Bed & Breakfasts, Case No.
ZAT /92 -3.
Ms. Pung - Terwedo explained that a subcommittee consisting of members from
the Planning Commission, Heritage Commission and Bed & Breakfast owners
have submitted recommendations for changes to the Bed & Breakfast
ordinance. Discussion included local historic designation (whereby owners
can apply for tax credits), preservation of large historic homes,
preservation of residential neighborhoods, requirement of wine license if
served, number of guest rooms, proof of various inspections, requirement
5
Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
of State sales & use tax number, and meeting the Secretary of Interior's
Standards for rehabilitation.
Duane Hubbs, 626 No. Fourth St., addressed the local historic designation
and preservation of single - family neighborhoods with Bed & Breakfast
facilities and trying to find a method of giving Special Use Permits with
some definite parameters. He also stated that homes that can be used for
single families should not be Bed & Breakfasts.
Jon Graybill, 801 W. Pine St., agreed with Mr. Hubbs and also stated
people have expectations of staying in a grand old home.
Mr. Hubbs stated that Charlie Nelson, State Historical Architect, will
review and determine if a house meets the Secretary of Interior Standards
and owners can then apply for tax credits.
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a
first reading, by title, of the Amendment to the Bed & Breakfast Ordinance.
(All in favor).
Councilmember Farrell stated the minimum size of 2,500 bothers him and
discussion followed. It was suggested that there be no minimum size
listed. Staff was directed to bring this back to Council and delete
minimum size.
2. Recommendation for approval of Consultant for Stillwater Historic Context
Study.
Ms. Pung - Terwedo presented the proposal for the Consultant and recommended
Robert Vogel & Associates for the Stillwater Historic Context Study.
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt
the appropriate resolution approving Robert Vogel & Assoc. as the Consultant
for the Historic Context Study. (Resolution No. 92 -210).
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
3. Strong Beer Sales with Wine License
City Attorney Magnuson explained that a strong beer license can be made
available in conjunction with a wine license, but the City ordinance would
need amending. License holders would also need to hold liquor liability
insurance.
6
Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
Motion by Councilmember Opheim, seconded by Councilmember Funke to have a
first reading of an amendment to the Liquor Ordinance as it relates to the
addition of strong beer to the Wine License. (All in favor).
4. City of Stillwater Sewer Work / Sunnyside II Condominium Ass'n.
Consulting Engineer Moore advised that during the work on the South Main
Lift Station, it was discovered that there was contaminated soil in the
area of the Lift Station from a fuel oil spill. He is working with the
PCA and attempting to find a place to spread the contaminated soil.
Motion by Councilmember Bodiovick, seconded by Councilmember Farrell to obtain
a second quote from an environmental engineering firm and determine a site for
disposing of the contaminated soils found adjacent to the South Main Lift
Station. (All in favor).
Mr. Magnuson stated a portion of the Sunnyside Condominiums are built over
the sewer pipe and they have been unable to find any easements. They had
to dig to uncover a manhole that had been covered over and will need to
return the landscaping to its original condition.
Motion by Councilmember Bodiovick, seconded by Councilmember Funke to adopt an
appropriate resolution outlining the City's obligations and indemnification of
Sunnyside II Condominium Ass'n. from any claims. (Resolution No.92 -208).
Ayes - Councilmembers Bodiovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
CONSENT AGENDA
Motion by Councilmember Bodiovick, seconded by Councilmember Opheim to approve
the Consent Agenda of October 6, 1992, adding a claim from Eleanor Anderson
and including the following: (All in favor).
1. Directing Payment of Bills (Resolution No. 92 -197).
Ayes - Councilmembers Bodiovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
2. The following Contractor's Licenses:
Horak, Inc. Moving & Wrecking Bldg. Renewal
244 So. 4th Street Tree Trimmers
Bayport, Mn. 55003
3. Submission of Claim to Ins. Co. - Auldon Johnson, damage to vehicle.
3a. Submission of Claim to Ins. Co. - Eleanor Anderson, injuries from fall.
4. Appointing Election Judges for Nov. 3 General Election (Resolution No.
92 -209.
Ayes - Councilmembers Bodiovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
5. U.S. Bench Corp. - Request for Bench Location License.
7
Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
COUNCIL REQUEST ITEMS
Documents for Green Townhomes
Councilmember Bodlovick stated she has reviewed these documents and it is
obvious they have private streets. A short discussion followed.
Letter from W. Stouvenal regarding small parcels of property along No.
Main St.
Councilmember Farrell initiated discussion of this. Mr. Russell stated he
has indicated to Mn /DOT that we are interested in purchasing the property,
but has not had a response. He will follow up on this item.
INDIVIDUALS & DELEGATIONS (Continued)
Letter from Art Palmer Requesting Support for Exemption from Transient
Lodging Tax
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt
the appropriate resolution giving the Lowell Inn consent and support of the
City for a specific statutory exemption from a possible transient lodging tax.
(Resolution No. 92 -211)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
STAFF REPORTS (continued)
Request for Extension of Special Use Permit, Jorgenson, 210 E. Laurel St.
Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to grant
an extension of one year, to October 6, 1993, for Special Use Permit, Case No.
SUP /90 -76, Mary and Ayde Jorgenson, 210 E. Laurel St. in order to complete
renovations. (All in favor).
Letter from Judy Gulden Regarding "Adopt a Park" Program
Motion by Councilmember Opheim, seconded by Councilmember Farrell to refer the
letter from July Gulden, suggesting the "Adopt a Park" program, to the Parks
and Recreation Commission for a recommendation. (All in favor).
Land Transportation Committee of Technical Advisory Committee of
Transportation Advisory Board Recommendation Regarding Stillwater
Urbanized Area plus Twenty Year Boundary.
Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize
Community Development Director Russell to attend the meeting of the Technical
Advisory Committee of the Transportation Advisory Board on Oct. 7 to present
City views regarding the Stillwater urbanized area plus twenty year boundary.
(All in favor).
Park & Recreation Commission request for Clarification of Duties as it
Relates to Peddlers in the Park
8
Stillwater City Council Minutes
October 6, 1992
Recessed Meeting
Motion by Councilmember Opheim, seconded by Councilmember Farrell directing
Staff to review the Peddler's Ordinance and make a recommendation to Council
regarding the division of authority. (All in favor).
Update on Meeting with DNR regarding Proposed Boat Launch Site
Councilmember Opheim stated that a meeting was held with Steve Johnson,
DNR and Mike Louis, MnDOT, to try and resolve the issue over the boat
launch property and protection of the new river bridge site. The DNR
position remains the same as it relates to condemnation of the property.
It was suggested that the property could possibly be deeded to Mn /DOT.
This will be studied further.
Approval of St. Croix Valley Heritage Coalition Conference for Planning
Dept.
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell authoriz-
ing Mr. Russell to attend a St. Croix Valley Heritage Coalition conference on
the St. Croix River on Oct. 21 -23, 1992. (All in favor).
COMMUNICATIONS /FYI
Council took note of the following communications:
1. AMM - Involvement from Legislative Candidates on important City issues.
2. Julie Lassonde, GAB - Denial of claim for Jason Landgreen.
3. Julie Lassonde, GAB - Denial of claim for Nick Kado.
ADJOURNMENT
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ad-
journ the meeting at 9:50 P.M. (All in favor).
ATTEST:
CITY CLERK
MAYOR
Resolutions:
No. 92 -197 - Directing Payment of Bills.
No. 92 -206 - Final Plat for Gloves Addition.
No. 92 -207 - Final Plat for Highlands Third Addition.
No. 92 -208 - Indemnification of Sunnyside condos for So. Main Sewer Work.
No. 92 -209 - Appoint Election Judges for Nov. 3 Election.
No. 92 -210 - Approving Robt. Vogel & Assoc. for Historic Context Study.
No. 92 -211 - Letter of Support for Lowell Inn Exemption from Lodging Tax.
REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
October 6, 1992
4:30 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present: Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at
4:45 P.M.) and Mayor Abrahamson.
Absent: None
Also Present:
City Coordinator Kriesel
Finance Director Deblon
Consulting Engineer Moore
Public Works Director Junker
Police Chief Beberg
City Clerk Johnson
Press: Julie Kink, The Courier
Others: Mrs. Bailey, John Pollard.
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
1. John Pollard, Scout Troop 249 - Request to clean up Browns Creek Waterway.
Motion by Councilmember Farrell, seconded by Councilmember Funke to approve
the request of John Pollard to clean up the Browns Creek Waterway as part of
an Eagle Scout project; and to write a letter in support of the project. (All
in favor).
STAFF REPORTS
1. Finance Director -
Declaring Cost to be Assessed & Ordering Preparation of Assessment,
Highlands of Stillwater - Phase II, L.I. 276
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt
the appropriate resolution declaring cost to be assessed and ordering
preparation of proposed assessment for Highlands of Stillwater, Phase II, L.I.
276. (Resolution No. 92 -198)
Ayes — Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Setting Hearing on Assessment, Highlands of Stillwater - Phase II, L.I.276
Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt
the appropriate resolution setting the Assessment Hearing for October 20, 1992
at 7:00 P.M. for Highlands of Stillwater, Phase II, L.I. 276. (Resolution No.
92 -199)
Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Stillwater City Council Minutes
October 6, 1992
Regular Meeting
Declaring Cost to be Assessed & Ordering Preparation of Assessment, Green
Twig Way, L.I. 282
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt
the appropriate resolution declaring cost to be assessed and ordering
preparation of proposed assessment for Green Twig Way, L.I. 282. (Resolution
No. 92 -200)
Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Setting Hearing on Assessment, Green Twig Way, L.I. 282
Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt
the appropriate resolution setting the Assessment Hearing for October 20, 1992
at 7:00 P.M. for Green Twig Way, L.I. 282. (Resolution No. 92 -201)
Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Declaring Cost to be Assessed & Ordering Preparation of Assessment, Gloves
Addition, L.I. 283
Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the
appropriate resolution declaring cost to be assessed and ordering preparation
of proposed assessment for Gloves Addition, L.I. 283. (Resolution No. 92 -202)
Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Setting Hearing on Assessment, Green Twig Way, L.I. 282
Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the
appropriate resolution setting the Assessment Hearing for October 20, 1992 at
7:00 P.M. for Gloves Addition, L.I. 283. (Resolution No. 92 -203)
Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Reapportionment of Special Assessments & Correcting Special Assessment for
L.I. 273, Highlands of Stillwater, Phase I
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt
the appropriate resolution for reapportionment of Special Assessment and
correcting Special Assessment for Highlands of Stillwater, Phase I, L.I. 273.
(Resolution No. 92 -204)
Ayes - Councilmembers Bodlovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Stillwater City Council Minutes
October 6, 1992
Regular Meeting
2. Police Chief -
Authorization Forms for Explorer Scouts — Police Dept.
Chief Beberg advised that all insurance papers and permission slips are in
place for the Explorer Scouts who will be using a City vehicle.
Parking Brochure
Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve
the printing of the Police Dept. Parking brochure at a cost of $461.94. (All
in favor).
3. Public Works Director -
Award of Bid for Truck Flusher
Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt
the appropriate resolution approving the award of bid to Ruffridge- Johnson
Equipment in the amount of $66,000.00 for a truck /flusher for the Public Works
Dept.; and authorizing Mayor and Clerk to sign the contract. (Resolution No.
92 -205)
Ayes - Councilmembers Bodiovick, Farrell, Funke and Mayor Abrahamson.
Nays - None
Purchase of One -Ton Truck
Motion by Councilmember Funke, seconded by Councilmember Farrell to approve
the purchase of a one -ton truck from Crysteel, Inc. in an amount of $23,450
plus tax. (All in favor).
Councilmember Opheim arrived at 4:45 P.M.
Sidewalk Repair
Motion by Councilmember Funke, seconded by Councilmember Farrell to accept
waivers for repair of sidewalks at 213 W. Elm St. at a cost of $2,800; and 407
Laurel St. at a cost of $1,480. (All in favor).
Replacement of Landscaping Adjacent to South Main Lift Station
Mr. Junker will obtain two or three quotes for this item.
4. Consulting Engineer -
Replacement of Tank at South Main Lift Station
Mr. Moore stated the fuel tank at this location has either had a leak or a
spill and recommended replacement of the underground tank which would have
to be replaced in five years.
Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the
hydrostatic test and installation of a new 560 gal. tank at the South Main
Lift Station. (All in favor).
Stillwater City Council Minutes
October 6, 1992
Regular Meeting
Payment to SEH for Certification of Technicians (with Reimbursement)
Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt
the appropriate resolution approving the agreement between Short- Elliott-
Hendrickson, Inc. for up to $5,000 for tuition for certification of techni-
cians, with reimbursement to the City; and contingent on a review by the City
Attorney. (Resolution No. 92 -212)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
Update on Glacier Park
Mr. Moore reported that an analysis of the soils has been taken, approved
and filed with the PCA in order to abandon the wells.
Request for Extension of Time for Northwestern Power Equipment Co., Inc.
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the extension of two weeks to Oct. 30 for the installation of three pumps for
the South Main Lift Station by Northwestern Power Equipment Co., Inc. (All in
favor).
Mock Assessment Roll for Improvement of Myrtle St. Ravine
Mr. Moore presented the mock assessment roll for this project. Council
will review it for discussion at a later date.
Application for Payment No. 1, Green Twig Way, L.I. 282
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to ap-
prove the Application for Payment No. 1, to B & D Underground, Inc. in the
amount of $65,005.65 for improvements in Green Twig Way, L.I. 282. (All in
favor).
Drainage Problem at 786 Eagle Ridge Trail (Bailey's)
Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the
City Public Works Dept. to work with SEH in correcting the drainage problems
at 786 Eagle Ridge Trail. (All in favor).
Covenants in Oak Glen as they relate to Lighting
Mrs. Bailey stated that the covenants for their area state that each
homeowner shall install the required lighting and this is not being done
which makes for hazardous conditions.
Motion by Councilmember Funke, seconded by Councilmember Opheim directing City
Attorney Magnuson to review the covenants for the Eagle Ridge Trail /Oak Glen
area as it relates to lighting. (A11 in favor).
5. City Clerk
Additions to Agenda
Stillwater City Council Minutes
October 6, 1992
Regular Meeting
City Clerk Johnson requested that "Final Plat Approval, Highlands of
Stillwater, Third Addition" be added as 3a. under "Unfinished Business ";
and a claim from Eleanor Anderson be added to the "Consent Agenda ".
Council concurred.
6. City Coordinator
Workshop with Junker Sanitation
Mr. Kriesel announced that this workshop is cancelled and another one will
be scheduled.
Workshop with Harold Teasdale
This workshop has been scheduled for 4:30 P.M. October 20, 1992.
RECESS
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to
the meeting at 5:16 P.M. (All in favor).
ATTEST:
recess
MAYOR
Resolutions:
No. 92 -198 -
No. 92 -199 -
No. 92 -200 -
No. 92 -201 -
No. 92 -202 -
No. 92 -203 -
No. 92 -204 -
No. 92 -205 -
No. 92 -212 -
CITY CLERK
Declare Cost & Order Preparation of Assessment for L.I. 276.
Order Assessment Hearing for L.I. 276.
Declare Cost & Order Preparation of Assessment for L.I. 282.
Order Assessment Hearing for L.I. 282.
Declare Cost & Order Preparation of Assessment for L.I. 283.
Order Assessment Hearing for L.I. 283.
Reapportionment and Correction of Spec. Assess. for L.I. 273.
Approving Bid for P.W. Flush Truck.
Certification of Technicians with reimbursement of funds from
SEH.
5
DEPARTMENT ,a k $'
STAFF REQUEST ITEM
MEETING DATE (23-C-4/‘
06- /57-71;)
DESCRRIPTION OF REQUEST (Briefly outline what the request is):
Pe g u ,e 5 71 /1-Ae//.7 0 ---i / 469 / ?7,7-2‘v, 4-1-7/1/trz'
(Te -FF / /(,, i e/s 7AE' d/,7
// 1 /i /d,e /A -Ondi ,S ,..71, / /6.,,¢ 74-ii / 4,�- S To 7 2,
7 i S w i (/ ee /)e75 .-F/?) ye) 9/ et} 7/ 7
ie-9RkS 19,0 41
S7",4)i271/i;_, A - 74/ c- tai S71 / ,9 ;,
FINANCIAL IMPACT (Briefly outline the cots, if any, that
request and the proposed source of the funds needed to
et) GI, e / U12 Fit' fri2 /- / /vim
are associated with this
fund the request)
•
ADDITIONAL INFORMATION ATTACHED: YES NO
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE
WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO
PLACED IN THE COUNCIL MATERIAL PACKET.
SUBMITTED BY:
DATE: (5U1
ENGINEERS I ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, ST. PAUL, MN 55110 -5108 612 490-2000 800 325 -2055
October 16, 1992
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
RE: Stillwater, Minnesota
South Main Lift Station
SEH File No: 92280
Dear Mayor and Council Members:
• As authorized by the Mayor and City Council, we have solicited quotes for thin spreading
contaminated soils, chemical analysis, follow up in spring 1993 and a closure report with
the Minnesota Pollution Control Agency (MPCA).
The City received two quotes; one from Dames and Moore and one from Atec
Environmental Consultants.
Since Atec Environmental included chemical analysis and spring chemical follow up of
soils; but, Dames and Moore did not include this, we reviewed the two quotes based upon
unit prices and find Atec Environmental to be low.
Unit labor prices are as follows:
Atec Dames & Moore
Title Price Price
Senior Project Manager $75.00 /Hr. $130.00 /Hr.
Project Manager $65.00 /Hr.
Staff Engineer $60.00 /Hr.
Senior Technician $45.00 /Hr.
Clerical $40.00 /Hr.
In accordance with the Minnesota Pollution Control Agency (MPCA), the City is required
to obtain a minimum of two quotes in order to qualify for Petrofund reimbursernent costs.
Usage of unit prices should also qualify the City.
SHORT ELLIOTT
HENDRICKSON INC. ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI
•
City of Stillwater
October 16, 1992
Page 2
We would recommend award of the project to Atec Environmental Consulting Services,
pending approval of a disposal site from the MPCA.
If you have any questions, please contact me. We would be pleased to discuss this project
with you at the next Council meeting.
BCP /cih
Sincerely,
Barry Peters, P.E.
Assistant City Engineer
1U/ kb J US: 16 012 400 4150
SEii Si. f'ALIL 444 ST1LLOA1ER
�I0u2/uo3
AgAir;eri
Ematrwrns ARCHUrgeTS 1PLANNERS 3535 VADNAIS CENTER DRIVE. Sr PAUL. MN 5.5110 -5109 612 490 -2000 800 325 -2055
October 15, 1992
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor and Council Members:
RE: Stillwater, Minnesota
Groundwater Monitoring
Parking Lot, Block 18 and Block 27
SEH File No: 92280
As authorized by the Mayor and City Council, we have solicited quotes for abandoning
the groundwater monitoring wells in the old Glacier Park property, primarily Mulberry
Point r- `
The City received two quotes; one from American Engineering and Testing, Inc. in the
amount of $2,150.00 and one from Atec Environmental Consultants in the amount of
$1,479.50.
In accordance with the Minnesota Pollution Control Agency (MPCA), the City is required
to obtain a minimum of two quotes for the closing of a site in order to qualify for
Petrofund reimbursement of costs.
We would recommend award of the project for well abandonment to Atec Environmental
Consulting Services, pending approval of site abandonment from the MPCA.
If you have any questions, please contact me. We would be pleased to discuss this project
with you at the next Council meeting-
Sincerely,
v.0
Richard E. Moore, P.E.
City Engineer
REM/ cih
cc: American Engineering and Testing, Inc.
Atec Environmental Consulting Services
David Magnuson, City Attorney
David Junker, Public Works Director
SHOAT ELLIOTT
HENORICKSON INC. ST ciOuO. MN
CHIPPEWA FALLS, WI
MADISON. WI
10, . yi) i•iv
AmorAlir
.41111111111164 P
ENGINEERS s ARCHITECTS l' PLANNERS
October 15, 1992
6.Lh S1 . YALL - -.- SIILLtYAiER
LE%j 0t)si 003
3535 VACNAIS CENTER DRIVE, St PAUL, MN 55770 -5108 612 490.2000 800 325.2055
RE: Stillwater, Minnesota
City Engineer
SEH File No: 92280
Northwestern Power Equipment Co., Inc.
P.O. Box 4008
St. Paul, MN 55104
Attn: Mr. Bob Shannon
Dear Mr. Shannon:
Pursuant to your request on October 5,1992, the City Council of the City of Stillwater has
extended your completion date approximately two weeks to Friday, October 30, 1992.
It is our understanding that you received the shop drawings on approximately August 16,
1992 which would set the completion date at October 16, 1992. This is the 60 days
stipulated for delivery of the pumps to the City of Stillwater within 60 days after shop
drawing approval. Once again, the contract has been extended by order of the City
Council two weeks to the 30th of October, 1992.
If you have any questions, please contact me.
REM/ cih
cc: City of Stillwater
Sincerely,
.4 ce-4 1 G
Richard E. Moore, P.E.
City Engineer
SHORT ELL OTT
HENDRICKSON INC. Sr. CL OW,, MN CHIPPEWA FALLS. WI MAOISCN wr
!u!N/DCY1 TP -02134-03 (5 /88)
STATEOF MINNESOTA DEPARTMENT OF TRANSPORTATION
Supp. to Contract No.
SUPPLEMENTAL AGREEMENT No..��__
Cont,RCtor:
Johnson Brothers Corporation
Address:
P.O. Box 1002
Litchfield, MN 55355 -1002
Federal Project:
tocadon;
Pro. No.
F.Y.
Purchase Terms
000NET
Account t.D.
Stillwater, Minnesota
Sheet 1 of 4
State Project No.:
S.P. 8214 -106
S.P. 8210 -88
S.A.P: Lb9-- J.U6–U4
S.A.P. 169 - 104 -06
Dept./Div.
Sequence No. Suffix Object Vendor Type Amount
01 V
C.CD.3 C.CD.4 C.CD.5
At No. C.CD.1 C.CD.2
TYPE OF A40 ( ) A41 ( ) Dated Number Entered by
TRANSACTION: A44 ( ) A45 ( ) A4e ( ) Dated Number Entered by
This contract is amended as follows:
J 1) WHEREAS; The City wishes to have the awning removed from the
building on the west side of Main St. between Chestnut and Myrtle
THEREFORE; it is agreed that the lump sum amount of $1101.43
shall apply and be payment in full for all necessary materials, labor,
and equipment to perform this task.
Funding source: 100% City
2) WHEREAS; A part of this project includes construction of a new
draft hydrant inlet to river.
WHEREAS; The installation of a hazard bouy is required to mark
the location of these items
THEREFORE; it is agreed that the Contractor shall provide bouy
and chain for lump sum of $700.00.
Funding Source; 100% City
j3) WHEREAS; Because of winter suspension of work, the street light
portion of project was not completed at the Lowell Inn Parking Lot,
WHEREAS; Temporary lighting was installed until completion of
project
THEREFORE; it is agreed that the lump sum amount of $211.00 shall
apply and be payment in full for all necessary materials, labor and equip-
ment to perform this task.
Funding Sources 100% City
•
APPROVED:
Commissioner of
Administration
By
Dated
APPROVED:
Commisisoner of
Finance
By
Dated
�riaine! to State Auditor — rnnv to Anennv
Original Contract
Approved as to form
and execution
ASSittant Attorney General
Dated: (Mayor)
Dated ,/f/ Z.
Proje/5 Engineer ea/Aar
/C J1. 1 ilr f veti e rtac _
Contractor
Dated
Dated
DistrIet Engineer
Agency Head
MN/DOT TP -02134-03 (5188)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Sup'', to Contract No.
SUPPLEMENTAL AGREEMENT No. 11
Contractor:
• Johnson Brothers Corporation
Address:
P.O. Box 1002
Litchfield, MN 55355 -1002
Pro. No. F.Y. Account 1.0.
Purchase Terms Asset No.
000NET
Location;
Dept./oiv.
C.CD.t
Sequence No.
Sheet. of
Federal Project:
Stillwater, MN
C.CD.2
Suffix
01
Object
C.C4.3
Vendor
0.00.4
State Project No.:
S.F. 8214 -106
S.P. 8210 -88
S.A.P. 169- 105 -04
S.A.P. 169- 104 -06
Type
V
Amount
TYPE OF A40 ( ) A41 ( ) Dated Number __ Entered by
TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by
C.00.5
This contract is amended as follows:
4) WHEREAS; During Construction ground water was encountered around
M.H. 1145,
WHEREAS; An alternate method of concrete lining had to be utilized
THEREFORE; it is agreed, that the lump sum amount of $16,500 shall
apply and be payment in full for all necessary materials, labor and equip-
ment to complete this task.
Funding Source: 100% City
5) WHEREAS; NSP located customer meters on wall along elevated walk-
way on Water Street
WHEREAS; The Contractor had to redo handrails in this area to
allow for maintenance and repair of meters
THEREFORE; it is agreed that the lump sum amount of $934.50 shall
apply and be payment in full for all necessary materials, labor and equip-
ment to complete this task.
Funding source: 100% City
6) WHEREAS; During winter suspension lightbase anchor bolts were
damaged by snow plowing equipment
WHEREAS; the anchor bolts needed to be repaired before light poles
could be installed
THEREFORE; it is agreed that the lump sum amount of $705.00 shall
apply and be payment in full for all necessary materials, labor and equip-
ment to complete this task.
`undincj Source: 100 City
APPROVED: APPROVED_
Commissioner of Commisssoner of
Administration Finance
•
By By
Dated_
Dated_
Original Contract
Approved as to form
and execution
Assistant Attorney General
.•mina& fn r••a ..n. r"....,• a., A.,,.nn •.
Dated: (Mayor
DatedlkOZ
Project Engineer
Dated / 6 ' 1 ‘ e - lIke" ga61.0...iti
Contractor
Dated
Dated
District Engineer
Agency Head
10/15!92 14:42 FAX 612 490 2150 SEH ST. PAUL
MN!OOT TP -02134 -03 (5/88)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT No.
Contractor:
Johnson Brothers Corporation
Address;
Federal Project:
Location:
P.O. Box 1002
Litchfield, MN 55355 -1002 Stillwater, MN
Pro. No.
F.Y.
Account 1,0.
Dept. /Div. Sequence No.
Purchase Terms
000NET
Asset No.
C.CD.1
C.CD.2
Supp. to Contract No
11
Z004(005
Sheet 3 of 4
State Project Na_ •
S.P. 8214 -106
S.P. 8210 -88
S.A.P. 169- 106 -04
S.A.F. 169 - 104 -06
Suffiz
01
Object
Vendor
Type
v
Amount
C.00.3
C.GD,4
C_00.5
TYPE OF A40 ( ) A41 ( ) Dated _ Number Entered by _
TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by_._.
This contract is amended as follows:
V7) WHEREAS; During construction of the elevated sidewalk on Water
Street, private property owners adjacent to project had to install private
electric services under walk
WHEREAS; the timing of the installation of such services was critics .
3" conduit had to be installed for parcel #10692 -2050 to insure no delay
in completion of elevated sidewalk
TEEREFORE; it is agreed that the lump sum amount of $1,235.75
shall apply and be payment in full for all necessary materials, labor and
equipment to complete this task.
Funding Source: 100% City
•
�8) WHEREAS; because of the location of the streetlight poles, the
lower banner bracket is in conflict with parked traffic
WHEREAS; it is desirable to cut the banner brackets to 12" in
length from 24"
THEREFORE; the per diem price of $9.00 each shall apply and be
payment in full for all necessary materials, labor and equipment to complete
this task. 80 at $9.00 ea. = $720.00
Funding Source: 100% City
APPROVED:
Commissioner of
Administration
By
Dated
APPROVED:
Commisssoner of
Finance
By
Dated__
Original Contract
Approved as to form
and execution
Assistant Attorney General
Dated: (Mayor)
Dated �_L •' -=f cf' i
Protect ngineer,
Dated
Id —i c(_ y r �C�rI/�
Dated
Dated
Contractor
District Engineer
Agency Head
MN/DOT TP -02134-03 (5 (88)
STATE, OF MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT No. 11
Supp. to Contract No
Sheet 4
of 4
Contractor: .�
' Johnson Brothers Corporation
Federal Project;
State Project No.:
S.P. 8214 -106
S.P. 8210 -88
Address:
P.O. Box 1002
Litchfield, MN 55355 -1004
Locetlon: S.A.P. 16 9 - 10 6 - 0 4
S.A.P. 169- 104 -06
Stillwater, MN
Pro. No.
E.Y.
Account {.D.
Dept./Div.
Sequence No.
*Aix
01
Object
Vendor
Type
V
Amount
Purchase Terms
000NEr
Asset No.
C.00.1
C.C112
C.004
C.CD.4
C.CD.5
TYPE OF A40 ( ) A41 ( ) Dated Number Entered by
TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by
,
This contract is amended as follows:
f9) WHEREAS; Because of the undersized storm sewer at Elm St. and
Main St,, frequent local flooding occurs under heavy rain
WHEREAS; it is desirable to replace existing system with a larger
capacity pipe
THEREFORE; the per item price of $52.75/L.F. for 24" CL5 R.C.P.
and $850.00 each for 24" flared -end section and trash guard shall apply
and be payment in full for all necessary materials, labor and equipment
0 to complete this task. Total Cost $4,437.00.
Funding Source: 100% City
AP
Co
Ad
By
Da
X10) WHEREAS; the property owner for parcel #10692 -4800 & 4850 requested
the installation of two tree grates in sidewalk adjacent to their property
WHEREAS; two tree grates were installed at station 8 +50 and 8 +70
on 2nd St.
THEREFORE; the lump sum price of $1,070.00 shall apply and be
payment in full for all necessary materials, labor and equipment to perform
this task.
Funding Source: 100% City
PROVED:
mmissioner of
ministration
APPROVED:
Commisisoner of
Finance
By
Original Contract
Dated:
Dated
Dated
Dated
Dated
(Mayor
-
y f
1
...--.11—
��
Approved as to form
and execution
/41'"1'
Project E gineer
UG4t
GG $4-' `
Contractor
ted_
Dated
District Engineer
Assistant Attorney General
Agency Hew
)riainal to State AUrlitnr — Cony to Ananov
•
LEGISLATIVE ASSOCIATES, INC.
7920 Towerbell Court
Annandale, VA 22003
(703) 560 -7129
(612) 439 -7681
Fax (703) 560 -4632
October 20, 1992
To: Wally Abrahamson, Mayor
Council, City of Stillwater
From: Ed Cain, Legislative Consultant
Subject: Status of Funding for the Retaining Wall System; Strategies for Continuing
Work and Financial Development
As reported last week, Congress passed the new, revised smaller version of the
Water Resources Act as H.R. 6167. As of today, I contacted the Executive Clerk of the
White House, and the bill has not yet been received. This is not unusual at the end of
a session when numerous bills are passed during the final hours of the session.
When received at the White House, the President will have ten days in which to
either sign &'veto the bill; or in the case of the end of the session, be can "pocket veto"
the bill by not taking any action. In the case of the Water Resources bill, however, the
White House was involved in the negotiations of the final bill, and the version that
passed the Congress was acceptable to the White House. I expect no problem in the
• signing of the bill, just my own impatience.
The Senate language was adopted in the new bill authorizing $3.2 million for
the Stillwater /St.Croix River Levee Project, of which $2.4 million would be made
available through federal sources, requiring $800,000 to be provided from non - federal
sources.
•
APPROPRIATIONS PROCESS
The authorization of the project is essential to the appropriation of funds, but the
work is only half finished. The appropriation is handled by different committees in both
the House and the Senate with different membership. A series of hearings will be held
next Spring in both the House and the Senate, in which we have to again make our
case for the urgency in funding the levee project.
As I did with the authorizing committees, I will be meeting individually with each
of the Members, and/or their staff, and again working closely with the Appropriations
Committee staff. We will need to put as much pressure as possible on the Committee
Members to improve our funding chances in the Appropriations bill for FY 1994. As a
part of the strategy, the following actions will need to be taken:
1. Individual contacts with each of the House and Senate Committee Members.
(About 37 meetings with appropriate follow -up materials and responses to their
questions and concerns.)
Page 2.
2. Special presentation to key committee staff, emphasizing the urgency of the
project, and providing them the necessary materials, and backup documents.
3. Meeting with key decision- makers at the Army Corps of Engineers, again
stressing the urgency of immediate action on the project.
4. Work with our Sixth Congressional District Representative in the preparation
of testimony to be presented before the House Appropriations Committee. (This
is a very important phase of the process; he will have to be thoroughly briefed to
be able to answer questions concerning the project.)
5. Locally, the Council will need to take action, urging funding at the authorized
levels, and assuring the Congress that the $800,000 in non - federal support will
be available.
6. To acquire a commitment of State funds toward the repair and extension of
the wall system, would be one of strongest points of support we could attain.
There are several different approaches that will need to be explored that need
to be discussed.
7. A strong letter of support, again stressing the urgency of the project will be
important, perhaps, including a representative from the Governor's Office to
present testimony at the Hearing.
8. Expand our scope of support in the Congress, e.g., Marty Sabo is
Minnesota's only representative on the Appropriations Committee.
9. Continue work with Congressman Oberstar, Senator Durenberger, and
others who have contributed toward the authorization of the project.
This is only a partial list of what has to be done. Strategies must change to
meet the opportunities and challenges as they develop. I can not stress strongly
enough, the need to stay on top of the project continually. Eight or ten projects were
dropped or denied inclusion in the authorization bill for every project that was
approved. We're only at "half- time" just now.
•
FAN! \ ROE \ROE,030
1022 CONGRESS
�I) 51: ?rOti
H. R. hii7
IN THE HOUSE OF • REPRESENTATIVES
Mr. RGrr introduc.rd the following bill: „•loch was referred to the Committee
otl
A BILL
To provide for the conservation and development of water •
and related resouu•ees, to • authorize the United States
Army Corps of Engineers civil works progTanl to con-
struct various projects for improvements to the Nation's
infrastructure, and for other ptu poses.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
Qctobar 5, 1592 (5:57 p.m.)
Post -It'" brand fax transmittal memo 7671 1
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SEC. 362. QUONSET POII4T•DAVtSVJT LF, RHODE ISLAND,
2 The Secretary is authorized to construct 2 elevated
3 water storage towers at Quonset Point- Davisville, Rhode
4 Island, at a total cost of $1,500,000, with an estimated
5 Federal cost of $1,125,000 and an estimated non - Federal
6 cost of $375,000. In conjunction with this project, the
7 Secretary is authorized to relocate 6,000 linear feet of
8 sewer lines to West Davisviile, Rhode Island, at a total
.9 cost of $1,000,000, with an estimated Federal cost of
10 $750,000 and an estimated non - Federal cost of $250,000.
11 SEC. 363. STILLWATER, MINNESOTA,
12 The Secretary is authorized to undertake the repair
13 and reconstruction of a flood wall system at Stillwater,
Y �
14 Minnesota, including an extension of such system to pre -
15 vent the continuous eroclin6 of the riverfront, at a total
16 cost of $3,200,000, with an estimated Federal cost of
17 $2,400,000 and an estimted non - Federal cost of
18 $800,000.
19 SEC. 364. STOEMWATER DISCHARGES.
20 Section 402(p) of the Federal Water Pollution Con -
21 trot Act (33 U.S.C, 1342(p)) is amended -
22 (1) in paragraph (1) by striking "October 1,
23 1992" and inserting "October 1, 1994 "; and
24 (2) in paragraph (6) by striking "October 1,
25 1992" and inserting "October 1, 1993 ".
October 5, 1992 (9:15 p,m.)
M E M O R A N D U M
TO: Mayor and City Council
FR: Nile L. Kriesel, City Coordinator
DA: October 16, 1992
RE: REQUEST OF VARIANCE - CHRIS AND JULIE ANN PLUTH
Chris and Julie Ann Pluth have requested to be put on the agenda (7 p.m.) under
Individuals /Delegations to request a setback variance for the construction of
a garage. Their request is being made at this time because they want to
construct the garage before winter and would not be able to do so if they were
to go through the normal process.
However, Steve and I have both advised the Pluth's regarding the normal variance
process and the likelihood that their request would be denied or, at a minimum,
subject to Planning Commission review.
The Pluth's had not submitted any information for the Council packet but I expect
they will do so on Tuesday night.
1441
j
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: PLANNING COMMISSION
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR it,///'"
DATE: OCTOBER 8, 1992
SUBJECT: VARIANCE REQUEST FOR SIDE AND REAR YARD
SETBACK FOR RESIDENTIAL STRUCTURE AT 1943 -1953
EASTRIDGE COURT (CASE NO. V/92 -44).
BACKGROUND:
Since the Planning Commission meeting of September 14,
1992, the applicant has submitted three alternative
building placements.
The Commission can review the alternatives at meeting time
along with the neighbor's suggestion.
RECOMMENDATION:
Decision on request.
Planning Commission Recommendation: Approval for Option #3,
move one foot further forward.
CONDITION OF APPROVAL:
1. The building shall be staked for Council review.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121
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PLANNING APPLICATION REVIEW
CASE NO. V/92 -44
Planning Commission Meeting: September 14,1992
Project location: 1943 - 1953 Eastridge Court
Zoning District: RB, Two Family Residential
Applicant's Name: Glen Rose
Type of Application: Variance
Project Description:
A Variance to the sideyard setback requirement (8.32 ft. requested, 10 feet
required) and to the rearyard setback requirement (15.35 feet requested, 25
feet required) for the construction of a duplex.
DISCUSSION:
The request is to construct two single family dwellings with a zero sideyard
setback. This type of development was proposed for this area. The sideyard
setback on lot 17 is 8.32 feet. This is reasonable in order to develop both
units on the two lots.
The rearyard setback for both units is proposed to be 15.36 feet on lot 16 to
16 feet on lot 17. The setback for this district is 25 feet. The setback may
set a precedence for development on adjacent lots which decreases the open
space and creates rearyard which are not uniform. The development was also
platted as a PUD and the setbacks were determined based on the RB, Two Family
Residential Zoning District. The applicant has not given a specific hardship
for this variance to the rearyard.
RECOMMENDATION:
Denial for rearyard setback. Approval for sideyard setback.
FINDINGS:
The granting of this variance to the rearyard is not necessary for the
reasonable use of the land in this development according to the land use
designation and zoning. The granting of the variance to the sideyard is
necessary for the reasonable use of the land and buildings in this
development.
ATTACHMENTS:
- Application
- Survey.
(evt/evvtd.q
7-/IV-(441,i
PAC 100
Case Number ✓ �'� "• �!
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Fee Paid
Date Filed
• PLANNING ADMINISTRATIVE FORM
Street Location of Property:
Legal Description of roperty:
Owner: Name __ _
Address __ Phone: __�`_-'c 7;iry e_ ,F {f
C 7V1
Address "3-5 -' J I j Pt4 2 6
Type of Request:.
/6 i 7 I L ((
Applicant (if other than owner): Name "'%•''
Phone: 116
t577 //r v , /3.) / . Sfti i;
___ Rezoning / -s7i / /w' Approval of Preliminary Plot
S cial Use Permit ___ Approval of Final. Plat
_k Variance //' ___ Other
9:4$ 1d/
17---rse-- /, . /s 4 Gdi{ ///' .
• Description of Request:
Date of Public Hearing:
'NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at-
tached, showing the following:
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set - backs.
4. Dimensions of proposed structure.
5. Street names.
6. Location of adjacent existing buildings.
7. Other information as may be requested.
/e e /2d //J 4vvy
Signature of Applicant: _
Approved ___ Denied ___ by the.Planning Commission on
subject to the following conditions:
Approved =__ Denied ___ by the Council on subject to the
following conditions: • • •
:Comments: (Use other side
EASTRIDGE
COURT
(CUL -DE -SAC)
FOREST
RIDGE
ADDITION
VARIANCE REQUEST
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LOT 14
28.18
• 5' DRAINAGE &
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10' DRAINAGE
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ENCROACHES
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UTILITY EASEMENT
10' DRAINAGE /
AND UTIUTY
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ENCROACHES LAS / \ O \
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5' DRAINAGE &
UTILTY EASEMENT
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LOT 16
LOT 17
S' DRAINAGE 4
UTILITY EASEMENT
LOT 18
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M E M O
TO: MAYOR AND COUNCIL
FROM: MARY LOU JOHNSON, CITY CLERK
DATE: OCTOBER 16, 1992
SUBJECT: COPIES OF ASSESSMENT ROLLS FOR L.I. 276, 282 AND 283.
Diane has informed me we are short copies of the Assessment Rolls for the
above projects. Therefore, if you have no further need of them, we would
appreciate if you would return your copy to the City Office. Thank you.
RESOLUTION NO. 92-
ADOPTING ASSESSMENT
HIGHLANDS OF STILLWATER, PHASE II, L.I. 276
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and heard and passed upon all objections to the proposed assessment for
Local Improvement No. 276, described as property abutting on West Orleans Street,
between the south line of Highland Road and Benson Blvd. West and the north line
of Highland Road and Benson Blvd. West .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of ten (10) years, the first of the installments to be
payable on or before the first Monday in January 1993 and shall bear
interest at the rate of 8 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1993. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the whole
assessment on such property, with interest accrued to the date of payment,
to the city treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this
resolution; and he may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged through
December 31, of the next succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the county auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the council this 20th day of October 1992.
Attest:
City Clerk
Mayor
RESOLUTION NO. 92 -_
ADOPTING ASSESSMENT
GREEN TWIG WAY, L.I. 282
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and heard and passed upon all objections to the proposed assessment for
Local Improvement No. 282, described as northeasterly of Eagle Ridge Trail;
northerly of the Minneapolis -St. Paul abandoned suburban railway and south of
Eagle Ridge Lane, adjacent to the sanitary sewer easement for the Oak Glen area
and adjacent to McKusick Lake..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of ten (10) years, the first of the installments to be
payable on or before the first Monday in January 1993 and shall bear
interest at the rate of 8 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1993. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the whole
assessment on such property, with interest accrued to the date of payment,
to the city treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this
resolution; and he may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged through
December 31, of the next succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the county auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the council this 20th day of October 1992.
Attest:
City Clerk
Mayor
RESOLUTION NO. 92-
ADOPTING ASSESSMENT
GLOVES ADDITION, L.I. 283
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and heard and passed upon all objections to the proposed assessment for
Local Improvement No. 283, described as that area known as Gloves Addition which
is bounded by the Highlands of Stillwater Addition on the west and north, West
Orleans Street on the south and west of Greeley Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of fifteen (15) years, the first of the installments to be
payable on or before the first Monday in January 1993 and shall bear
interest at the rate of 8 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1993. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the whole
assessment on such property, with interest accrued to the date of payment,
to the city treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this
resolution; and he may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged through
December 31, of the next succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the county auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the council this 20th day of October 1992.
Attest:
City Clerk
Mayor
October 20, 1992
Mary Lou Johnson
City Clerk
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Re:
Notice of Hearing on Proposed Assessment
Property I.D. 9032 -2112
Legal description attached
Dear Ms. Johnson:
Per your notice, this letter is to notify that we are
objecting to the proposed assessment of $14,778.75 on the
property legally described on the attached Exhibit A. Based
on our conversation with a real estate broker familiar with
property values in the City of Stillwater, it is his opinion
and our opinion that the improvements related to this
assessment have had no effect on increasing the value of the
property.
Sincerely yours,
Your parcel is described as follows: 9032 -2112, SECT -32 TWP -030 RANG -20 PT OF
SE1 /4 -NE1 /4 THE S 120FT OF FOLL DESC PROPERTY COM AT E1 /4 COR OF SD S32T3ORSO
THN N ALONG E LINE OF SD SE1 /4 -NE1 /4 OF SD SEC 32 DIST OF 230FT TO PT THN W PAR
WITH S LINE OF SD 1/4 SEC 143.22FT TO PT THEN S PAR WITH E LINE OF SD 1/4 SEC
DIST OF 230FT TO PT ON S LINE OF SD 1/4 SEC THEN E 143.22FT TO PT OF BEG SUBJ
TO AN EASE TOG WITH RT TO USE SD EASE FOR RD PURPOSES DESC AS FOLL TO -WIT COM
AT E1 /4 COR OF S32T30R20 IN CITY OF STILLWATER THN W ALONG SD S LINE OF 1/4 -1/4
SEC FOR 143.22FT BEING S LINE OF THIS 30FT EASE THN N & PAR WITH E LINE OF SD
1/4 SEC FOR 368FT BEING C/L OF 60FT RD EASE & 30FT ON EACH SIDE OF SD C /L.
October 20, 1992
Mary Lou Johnson
City Clerk
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Re: Notice of Hearing on Proposed Assessment
Property I.D. 9032 -2110
Legal description attached
Dear Ms. Johnson:
Per your notice, this letter is to notify that we are
objecting to the proposed assessment of $14,778.75 on the
property legally described on the attached Exhibit A. Based
on our conversation with a real estate broker familiar with
property values in the City of Stillwater, it is his opinion
and our opinion that the improvements related to this
assessment have not increased the value of the property by
the amount of the proposed assessment.
Sincerely yours,
OCT, 2 o Jau
-14-4 PI/jAr21
•
Your parcel is described as follows: 9032-2110, SECT -32 TWP -030 RANG -20 PT
SE1 /4 -NE1 /4 COM AT E1 /4 COR OF SD SEC 32 THEN N ALONG E LINE OF SD SE1 /4 -NE1 /4
OF SD SEC32 DIST OF 230FT TO PT THN W 143.22FT TO PT THN S PAR WITH E LINE OF
SD 1/4 SEC DIST OF 230FT TO PT THN E 143.22FT TO PT OF BEG SUBJ TO EASE TOGETHER
WITH RIGHT TO USE SD EASE FOR RD PURPOSES DESC AS FOLLOWS TO WIT COM AT E1 /4 COR
OF SEC32 T30 R20 IN CITY OF STILLWATER MN THN W ALONG SD S LINE OF 1/4 1/4 SEC
FOR 143.22FT BEING S LINE OF THIS 30FT EASE THN N & PAR WITH E LINE OF SD 1/4
1/4 SEC FOR 368FT BEING C/L OF 60FT RD EASE & 30FT ON EACH SIDE OF SD C/L EXC
9032 -2112.
Water
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND COUNCIL
FROM: ANN PUNG - TERWEDO, PLANNER
DATE: OCTOBER 15, 1992
SUBJECT: LOWELL PARK AND LEVEE WALL PLAN.
Background:
On July 28, 1992, the Stillwater City Council approved the Concept Plans for
the riverfront including the Aiple property, Kolliner Park and Lowell Park.
The Council then directed Staff to prepare specific plans for Lowell Park. The
direction of these plans for Lowell Park /Levee Wall have been based on the
direction of the Downtown Plan as part of Phase II. This Phase II portion of
the plan called for extension of Lowell Park to Mulberry Point along with
extension of Levee Wall to the north. As you know, the Outdoor Recreation
Grant of $200,000 from the State of Minnesota was to purchase Mulberry Point
for park land. This was done in Phase I of the Downtown Plan.
Discussion:
There are two main issues which have driven the preparation of the Lowell Park
Plan. First is the existing use of Lowell Park as a passive recreational area
with a variety of intensive recreational uses. It was important that this did
not change. The other is the fact that the Levee Wall and Lowell Park are on
the National Register of Historic Places.
The existing Lowell Park has two distinct areas of which the plans are
sensitive. The original park plan of Morell and Nichols (1914 -1918) was used
as basis for plan development. Elmore Lowell, the director of the Parks and
Recreation Board during this time, had a strong vision for the potential of
this riverfront park. Without his efforts, this park would not have been
developed or maintained. The Heritage Preservation Commission spent much of
their summer and fall meetings reviewing the design development portion of the
plan because of the historic nature of this site.
Lowell Park is called a passive recreational area. This means that, typically,
organized recreational activities or sporting events do not occur. People
enjoy picnicking and viewing the St. Croix River. Large gatherings such as
Lumberjack Days, the art fairs and music events, etc. do occur at various
times during the summer months but are not the main function of the park. A
distinct area for larger gatherings needed to be defined so the existing park
could function as it was intended. Mulberry Point was identified for this use.
The area had more parking and Mulberry Point seemed a logical area for a
performance area.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121
Lowell Park and Levee Wall Plan
Continued
All City committees, commissions, local organizations, individuals and
businesses had input into this plan. City Staff reviewed the plans on October
15. Some concerns were raised regarding emergency vehicle access. These issues
are being addressed in the plan.
RECOMMENDATION:
Accept and approve Levee Wall /Lowell Park Plan to be used as the basis for
Lowell Park improvement.
11 iwater
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 6, 1992
SUBJECT: BOAT PLAZA CONSTRUCTION AND CONDITIONS OF APPROVAL FOR BENCHES.
When the boat plaza was approved by the City, the project went through the
Design Review Committee, Heritage Preservation Commission. A condition of
approval required the benches used in the plaza to be approved by the Design
Review Committee. The concrete benches that were installed by the Andersons
were not approved by the Committee. At their meeting of September 10, 1992,
they discussed the concrete benches and felt "Benches which recall Lowell Park
and its historic elements" should be used. The Committee does not feel the
concrete benches are historic and do not recall the original Lowell Park
design element.
I have discussed this with the Andersons and they would like to keep the
concrete benches. They feel they are durable and work well for their purposes.
Three alternatives can be considered by the Council to resolve this issues:
1. Direct the applicant to install historic benches as approved by the
Design Review Committee.
2. Allow concrete benches as a modification to the original conditions of
approval.
3. Allow the benches until the Lowell Park improvements are made as long
as the applicant will replace the concrete benches with acceptable
benches when the Lowell Park Plan is implemented.
RECOMMENDATION:
Decision on benches.
ATTACHMENT:
Letter from the Heritage Preservation Commission.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 -439 -6121
ilhvates
THE BIRTHPLACE OF MINNESOTA -
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: HERITAGE PRESERVATION COMMISSION
DATE: SEPTEMBER 23, 1992
SUBJECT: PLAZA DESIGN FOR ANDIAMO BOATS.
Background:
The Heritage Preservation Commission at its September 10, 1992 meeting passed
a motion to send the enclosed letter to the Anderson Packet Company because of
non - compliance with the conditions specified in the permit granted for the
plaza construction. The Commission was particularly concerned that appropriate
design and materials be used since this plaza was constructed on City
property. Construction on City owned land must, especially, have permit
compliance if we expect others to also comply. Enclosed are the supporting
documents.
Request:
The Commission requests the City Council co -sign the letter to help rectify
the matter. It would assist the Commission to follow through on the duties
assigned by the City Council in the Heritage Preservation Ordinance.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 -439 -6121
illwater .1
THE BIRTHPLACE OF MINNESOTA
DRAFT - LETTER TO ANDERSON AND EXCURSION COMPANY.
Dear Mr. Anderson:
At the June 1, 1992 meeting of the Stillwater Heritage Preservation
Commission, the Andiamo Excursion and Packet Company presented a proposal for
a plaza for your riverfront operation for design review and permit approval.
The Commission was concerned that the structure and amenities, such as street
furniture, be of appropriate design and materials that would be sensitive to
the historic nature of the existing waterfront park and provide continuity as
park development moved southward. There was strong belief that much care be
taken with this project since it is City property.
One of the conditions for permit approval (see attached minutes) was that the
proposed bench design be replaced with one that was more traditional. A
photocopy of a more appropriate design style of wood and case iron was given
to Jay Michels, your representative, at that meeting.
Upon inspection of the completed project, it was discovered the above permit
condition has not been followed. Instead, without knowledge of the City
Planning Department or the Preservation Commission, formed concrete benches
and table were installed. The materials and style are inappropriate and not in
keeping with the overall concept for waterfront development. They are in
violation of the spirit, intent and agreement of the permit.
It is the recommendation of the Preservation Commission that the concrete
benches and table be removed at Packet Company expense and appropriate ones be
installed. Is is expected there will be compliance prior to the 1993 excursion
season. The City Planning Department has resource material available to assist
you with an appropriate choice.
There has been a very cooperative spirit between the Packet Company and the
City. We trust you will rectify the non- compliance now that it has been
brought to your attention.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121
HERITAGE PRESERVATION COMMISSION
MINUTES
The Heritage Preservation Commission met Monday, June 1, 1992 at 7:00 P.M. in
City Council Chambers of City Hall, 216 North Fourth Street, Stillwater.
Present: Chairperson Jeff Johnson, Marlene Workman, Tim Stefan, Katherine
Francis, Shawn Draper, Bob Kimbrel, Howard Lieberman.
Others: Ann Pung- Terwedo, Jay Michels, Monty Brine, Bill Sanders and Rob
Williams.
Approval of Minutes of May 4, 1992. Bob Kimbrel made a motion to approve the
minutes as presented. Tim Stefan seconded the motion. ALL IN FAVOR.
1. Case No. DR/92 -18- Design Review for a boat plaza improvement for the
Andiamo Boats. The property is located south of Lowell Park.
Jay Michels, contractor, presented the proposal for the boat plaza
improvement. He reviewed the light fixtures, benches and paver samples.
Mr. Michels reviewed the site plan. A bituminous area will be used for
pedestrians only, although there is room provided for service vehicles.
Marlene Workman asked "who owns the property and who will maintain it ?" Ann
stated the City owns the property and Mr. Anderson will maintain it.
Jeff Johnson stated he was concerned about how the historic elements of
Lowell Park were to be extended south. He wondered about the procedure
which could be set for the Lowell Park improvements.
The Commission did not support the benches which were reviewed. They felt
they had no traditional or historic integrity.
Marlene Workman is concerned about the project because of the direction it
may set.
The Commission recommended the following elements which should draw other
elements from the Downtown and Lowell Park:
Octagon pavers
Benches which recalled Lowell Park and its historic elements. Rob
Williams reviewed traditional benches which might have been in
Lowell Park. Ann will try to find a similar type bench.
3. An landscape plan should be submitted for further review.
Tim Stefan felt this plan is not the direction the City should
allow in the development of the park area.
Shawn Draper felt this plan is two -fold. One issue is precedence.
The other is the elements of the plaza. The Heritage Preservation
Commission should make a firm stand on the surface amenities.
1
•
Jeff Johnson made a motion to approve the plaza development with the
recommended surface elements which include:
- Octa••n 'aver
itional
scaping p an.
Howard Lieberman seconded the motion. Approved 6 -1.
3. Case No. DR/92 -19 - Design Review for the rehabilitation of the historic
kiln at 401 North Main Street in the Historic Commercial District. Monty
Brine, Applicant.
Monty Brine presented the proposal for the kiln. It is a basic proposal to
include storefront elements on the north and south ends. The steam heating
elements are still on the inside and may remain. After the rehabilitation,
the building'.,will support two 1,200 square foot spaces,/
i
Jeff Johnson questioned the use of the storefronts, 7and materials. Mr. Brine
stated this is a 'certified rehabilitation tax credit project so Charles
Nelson at the Minnesota Historical Society will/be reviewing the project.
Tim Stefan wanted more. details on landscaping and signage. Mr. Brine stated
these will be submitted\at a later date when the project is completed and
tenants move in.
Bob Kimbrel made a motion to approve. Seconded by Shawn Draper. ALL IN
FAVOR.
Lowell Park Study - Rob Williams/and Bill Sanders, e s, consultants, were present
to review the historic attributes of the park. They reviewed the original
plans of the park along with tnie historic photos.
Some historic elements of the original plan include:
- The Mulberry Point drive
- Tot lot
- Restoration of the historic pond /fountain
- Bridge Square Plaza.
The Commission spent one hour reviewing Stillwater City Council minutes
from 1890 -195Q: This research was conducted as part of the timeline
development of the park.
4. The Commission reviewed a letter from the Preservation Alliance of
Minnesota inviting the Commission to take part in an interview process
relative to the Junior High School.
The Heiitage Preservation Commission felt the historic \integrity of the
building remains in whatever proposal that may call for reuse of the
bui ding. Be sympathetic to the original design.
NN
e Heritage Preservation Commission was concerned about their
epresentation on the team. Shawn Draper had confidence that Tim Stefan
could represent the Heritage Preservation Commission.
2
f
CONDITIONS OF APPROVAL
BOAT PLAZA IMPROVEMENT
CASE NO. GR /92 -1
These conditions apply to the grading permit for the boat plaza:
1. Paver style for paver block area shall be octagonal.
Bench style shall be garden bench as approved through the
design review process.
3. Specific landscape plan and plant selection shall be approved
by the Community Development Director.
4. No signage shall be added and the kiosk design and lighting
shall be reviewed and approved by the Community Development
Director.
5. No construction shall occur below the ordinary high water
mark.
6. Large rock rip rap (field stones) shall be placed in front of
the wood retaining wall.
ADOPTED AS STANDARD BY PARK COMMISSIONS
MR. P. F. WITHERSPOON, Supt. of Parks, Spartanburg, S. C., writes: We got
fifty benches from you last year and found them good, so we want fifty more at once.
MR. JOHN T. FRITZ, Secy. Board of Park Commissioners, Linton, Ind., writes:
This makes our fourth order for your Park Benches. The benches which have now
had four seasons' use are in first class condition and will last for years to come.
MR. DAN WITZEL, City Clerk, Oshkosh, Wis., writes: The 200 benches for the
Menomonie Park having arrived here and the Park Board being so well pleased with
them, the Board directed me to place another order with you for forty (40) benches
for the South Park.
MR. R. H. BRINKLEY, City Manager, Suffolk, Va., writes: We are placing our
order with you for one dozen park benches. We have used your benches for quite a
while and find them very satisfactory. Expect to place an additional order later on.
MR. FRANK L. BERTSCHLER, Supt. Dept. of Parks and Playgrounds, Beau-
mont, Texas, writes: Some two years ago we purchased 100 of your benches for one
of our parks and they have been entirely satisfactory.
MR. S. H. ANDERSON, Supt. Park Board, Aberdeen, So. Dak., writes: Kindly
send us at once 150 four -foot Steel Benches. We have previously ordered benches from
your Company and they are entirely satisfactory, durable and fool - proof.
MR. J. E. L. WADE, Commissioner of Public Works, Wilmington, N. C., writes:
I have been using from time to time, your wood slat steel benches and am now in a
position to place order for an additional one hundred.
MISS HARRIET O. BICKNELL, Secy. Park Board, Yankton, So. Dak., writes:
We are using 100 of your Wood Slat Steel Park Benches and are very well pleased with
them. Kindly ship us at once fifty (50) more.
MR. ROBT. MERKLE, Gen. Mgr. Burlington Island Park Co., Wissahickon, Pa.,
writes: After using 50 of your 4 ft. park benches last year and finding them satisfactory,
I would like to have a price on one hundred and fifty more.
MRS. JULIA LESTER DILLON, City Landscape Architect, Sumter, S. C., writes:
Please send me six park benches. I find them most useful and satisfactory in every way.
I now have 60 in one of my parks.
OVER 10,000 IN USE IN MILWAUKEE PARKS
THE HENNECKE
Wood Slat Steel Park Bench
STANDARD FROM THE
ATLANTIC TO THE PACIFIC
Special Price
to Parks
C. HENNECKE COMPANY
MILWAUKEE, WIS.
of PXB /G -6AL with 2" x 10" Aluminum Plonks
,¢ea planks (please speciy
. -*., ‘..LA (cremated copper arsanate) pressure treatment (KDAT)
to preserve wood against decay. (Cedar, Fir, Redwood and Untreated Pine are
available when in stock — please inquire.) All lumber shall be precision drilled
for fast, easy assembly and shall have all exposed edges removed to a 3/8" radius.
ALTERNATE: Bench shall be provided with seat and back of extruded 6063 -T6
aluminum alloy planks. (add AL to end of model no. for aluminum) See page
18 for specifications.
ALTERNATE: Bench shall be provided with seat and back of Plastisol coated
steel (add EM to end of model no. for Plastisol coated steel) See page 19
for specifications.
•
qrp
CLB Bench provides comfort in a classic style with gracefully
res. This bench is ideal for park, clubhouse, poolside, garden,
i much more! Six redwood - stained, Douglas Fir slats bolt to
Jelded end frames of formed, structural channel in a design
ing support for the seat and back. Holes in the frames allow
oncrete for stationary Iocation. (Anchors not included)
-4DFS: 4' length, hot -dip galvanized frame
-6DFS: 6' length, hot -dip galvanized frame
CLB BENCH SPECIFICATIONS
,d frames shall be one - piece, welded construction, fabricated
formed length of 1 -1/2" x 1/2" x 1/8" A -36 steel channel.
ces shall be of same material. 6 ft. model shall be provided
/2" center cleat.
:ce bolts and nets cha!! hn nr- i i••,I r„ f
Model CLB /G -4DFS 48" (4') long
Finish shall be hot -dip galvanized after fabrication.
Lumber shall be redwood stained Douglas Fir friannt'd 1..t
(41 3/4" Y 2 1 '2• '.erc ;••
SI l
pro
1
Rigidly
the
hot :dip
endurin-
stand is
Overall I
1/2" dia.
tion. Sp;:
es ail..
e.
TWO
•
°
t, 004 Oolat & acket iompany
Mvnmip0000xo^p/�uox14o^uwwvuter, MN 55082
(612) 430-1234
FAX (612) 430-3984
CITY OF •STILLWATER •
STEVE RUSSEL
• 216 N. 4TH •ST.
STILLWATER, MN. 55082
MR. RUSSEL;
AUG •24, 1992
THIS LETTFR IS REGARDING THE STAGING AREA FOR ST. CROIX BOAT
PACKE|
CO. (THE AHD IAMO BOATS)
IN REGARD TO THE BENCHES: WE ARE CHANGING FROM THE APPROVED
DESIGN
FOR THE REASONS, PEOPLE ARE DRIVING OVER THE R.R. TRACK AND PARKING
ON
THE NEWLY LAYED TILE PAVERS AND WE NEED TO GET BENCHES IN THE AREA
RIGHT AWAY, SO PEOPLE CAN SEE IT IS NOT A PARKING AREA, KIDS ARE
USING SKATE BOARDS ON THE AREA ALSO.
COST IS A FRACTION OF THE PRICE, WE A|qn FFF| THE OVER ALL
APPEARANCE
IS BETTER AND THEY ARE AVAILABLE IMEADIATELY, TO FINISH OFF THE
STAGING
AREA.
• WE HAVE ALSO ADDED A ROUND TABLE WITH CURVED BENCHES TO MATCH AS
THERF WAS TO MUCH OPEN •AREA AND I} LOOKED FUNNY.
THISAREA IS FAR AWAY FROM ANY AREA • WHERE THE CITY IS USING THE
WOOD
• AND IRON TYPE BENCHES, SO IT WILL NOT AFFECT THE ASTETICS OF THE •
AREA.
|HEsE CHANGES •ARE NOW IN PLACE AND WE WELCOME YOU TAKING A LOOK TO
SEE
IF IT MEETS WITH YOUR APPROVAL,
A FENCE WAS ALSO ADDED To S!OP CARS FROM DRIVE THRUTHE DOCK CAFE
PARKING LOT, OUR NEW STAGING AREA AND THRU THE CITY PARKING •LOT AND
OUT
TO SOUTH MAIN ST.. I| MAY SEEM WEIRD, BUT ANDERSEN TRAFFIC WAS DOING
IT. •
THE STAGING AREA REALLY TURNED OUT NICE AND WE ARE PROUD TO DO IT,
AS
IT IS A VERY NICE ADDITION TO THE CITY, IN A SHABBY LOOKING AREA. •
SJNCERL\ ~ --
•
DONALD R. •ANDERSON
V.PRES. •
ST. CROIX BOAT •& PACKET CO.
illwater
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: AUGUST 18, 1992
SUBJECT: CITY PLANNING REVIEW OF DOWNTOWN PROJECTS.
There are several Downtown, or Downtown related, projects that are in various
stages of planning or project review and development; i.e. CUB office, hotel,
grocery store, parking structures, housing, and Lowell Park. Some of these
projects are related.
The City of Stillwater has several committees that. will review aspects of the
various projects. The committees, or commissions, include the Planning
Commission, Historic Preservation Commission, Parking Task Force, Downtown
Implementation Committee and ultimately the City Council. Because of the
extensive nature of Downtown activity and the need for input, it is suggested
that a special Downtown Project Review Task Force be formed to work with Staff
and the various developers regarding their projects. By establishing the Task
Force with representatives from the City committees, it will be easier to get
timely yet comprehensive input representing the various interests of the
Downtown area and the broader community.
The development projects would still have to go through the normal channels of
planning and design review and approval, but with the task force input
provided early in the project development process so that when the projects
are ready for review by the respective committees they will have addressed the
critical committee concerns.
It is suggested that the Downtown Project Review Task Force have
representation as follows: Planning Commission (2), Heritage Preservation
Commission (2), Parking Task Force (2), Downtown Action Committee (2), City
Council (2). This ten member committee would meet on an "as needed" basis to
provide input to Staff and the developers regarding the various downtown
related projects. The Committee would provide input and guidance but would
not make the final decisions.
RECOMMENDATION:
Consider establishing Downtown Project Review Task Force.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121
Illwater
THE BIRTHPLACE OF MINNESOTA
MEMO
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 15, 1992
SUBJECT: APPOINTMENTS TO DOWNTOWN PROJECT REVIEW TASK
FORCE.
The following committees have recommended the committee
members listed below to the Special Downtown Project
Review Task Force. Beside the Committee members,
Councilpersons Bodlovick and Funke would be on the Task
Force.
PLANNING COMMISSION
Darwin Wald
Glenna Bealka
HERITAGE PRESERVATION COMMISSION
Tim Stefan
Bob Kimbrel
PARKING TASK FORCE
Paul Simonet
Karl Ranum
DOWNTOWN ACTION COMMITTEE
Diane Rollie
Dave Pohl
RECOMMENDATION:
Consider appointing Downtown Project Review Task Force
consisting of the above members.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121
i1vaer
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND CITY COUNCIL w�
FROM: ANN PUNG - TERWEDO, PLANNER
DATE: OCTOBER 14, 1992
RE: BED AND BREAKFAST ORDINANCE
Background:
At the first reading of the amendments to the Bed and Breakfast Ordinance
(October 6, 1992 City Council meeting) the following issues concerned some of
the City Council members.
1. Gross house size, 2,500 square feet as the minimum for a 1 -2 bedroom Bed
and Breakfast.
2. Local historic designation of a structure and following the Secretary of
Interior's Standards for Rehabilitation along with determination of
these standards by the Heritage Preservation Commission.
Council Consideration:
The City Council may wish to consider the breakdown of the 1 -2 bedroom section
to read:
MAXIMUM NUMBER NUMBER OF MAXIMUM GROSS MINIMUM ZONING
GUEST ROOMS BEDROOMS HOUSE SIZE NOT LOT SIZE
PERMITTED INCLUDING BASEMENT
1 2 Up to 2,499 sq. ft. 7,500
2 3 2,500 to 2,999 sq. ft. 10,000
This will allow smaller homes to have a one bedroom Bed and Breakfast on a
smaller lot.
I have talked with Charles Nelson at the Minnesota Historical Society
regarding historic designation and the Secretary of Interior's Standards for
Rehabilitation. He again stated his willingness to assist in the
interpretation of these standards as a part of our preservation program and
restoration of historic structures.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439-6121
ORDINANCE NO.
An Ordinance amending the Stillwater City Code, Section 31.01, Subdivision 4
(9) Bed and Breakfast and Subdivision 25 (f) Bed and Breakfast.
The City Council of the City of Stillwater, Minnesota does ordain:
1. Section 31.01, Subdivision 4 (9) of the Stillwater City Code is amended to
hereafter read as follows:
31.01, Subdivision 4 (9) DEFINITIONS
9. Bed and Breakfast. A owner occupied locally designated historic
residential structure used as a lodging establishment where a guest
room or rooms are rented on a nightly basis and which only breakfast
is included as part of the basic compensation.
2. Section 31.01, Subdivision 25 (f) of the Stillwater City Code is amended
to hereafter read as follows:
31.01, Subdivision 25 (f)
Bed and Breakfast. PURPOSE
The City of Stillwater recognizes that Bed and Breakfasts are an asset
to the community for the preservation of our large, historic homes. It
is the intention of the City to limit Bed and Breakfast uses to those
larger homes whereby a special use would benefit the City and
surrounding area by allowing appropriate adaptive reuse for such
dwellings. Allowing Bed and Breakfasts is in recognition that the
expense of owning and maintaining larger historic homes has made them
less suitable for single - family dwellings.
Bed and Breakfasts are allowed by a Special Use Permit in RB and RCM
zoning districts as regulated in Section 31.01 of the Stillwater City
Code, Subdivision 13 (2) (d) and Subdivision 15 (1) (c) subject to the
following conditions:
3. Section 31.01, Subdivision 25 (f) 3 of the Stillwater City Code is amended
to hereafter read as follows:
31.01, Subdivision 25 (f)
3. Bed and Breakfast uses in residential areas shall be located at least
nine hundred (900) feet apart (approximately three blocks).
4. Section 31.01, Subdivision 25 (f) 4. of the Stillwater City Code is
amended to hereafter read as follows:
31.01 Subdivision 25 (f)
4. No liquor shall be sold on premises. If wine is served, a wine license
must be obtained from the City of Stillwater.
5. Section 31.01, Subdivision 25 (f) 8 of the Stillwater City code is amended
to hereafter read as follows:
8. The maximum of five (5) Bed and Breakfast guest rooms may be
established in a residential Bed and Breakfast structure. The
following lot and structure size criteria determines the number of
guest rooms allowed in a Bed and Breakfast.
Maximum Number Number of Maximum Gross Minimum Zoning
Guest Rooms Bedrooms House Size Not Lot Size
Permitted Including Basement
1 -2 3 2,500 - 2,999 10,000
3 4 3,000 - 3,499 10,000
4 5 3,500 - 4,999 15,000
5 6 5,000 up 20,000
Overall house size is determined by using the total square footage of
habitable living space within the structure.
The number of original bedrooms in the structure will dictate how many guest
rooms will be allowed. This shall be reviewed and determined by the Heritage
Preservation Commission. In the case of a family with children, the families
bedroom use shall be defined before the number of permitted guest rooms are
determined.
6. Section 31.01, Subdivision 25 (f) 11 of the Stillwater City Code is
amended to hereafter read as follows:
31.01, Subdivision 25 (f)
11. A Bed and Breakfast establishment shall show proof of City building,
fire and planning inspections, proof of operation licenses by
Washington County and shall submit the State sales and use tax number
for their business to the Community Development Department.
7. Section 31.01, Subdivision 25 of the Stillwater City Code is amended by
adding (f) 12 which shall hereafter read as follows:
31.01 Subdivision 25 (f)
12. Restoration and /or additions to a Bed and Breakfast shall meet the
Secretary of Interior's standards for rehabilitation. This shall be
reviewed by the Heritage Preservation Commission.
8. Section 31.01, Subdivision 25 of the Stillwater City Code is amended by
adding (f) 13 which shall hereafter read as follows:
31.01 Subdivision 25 (f)
2
13. All Bed and Breakfast Special Use Permits shall be reviewed annually
in November by the Community Development Department. A report shall be
submitted to the Planning Commission and City Council.
9. In all other ways, the Stillwater City Code shall remain in full force and
effect.
10. This Ordinance shall be in full force and effect from and after its
passage and publication according to the law.
Adopted by the City Council this day of , 1992.
Wally Abrahamson, Mayor
ATTEST:
Mary Lou Johnson, City Clerk
Published:
1
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
SECTION 31.01, SUBDIVISION 4 (9) BED AND BREAKFAST
AND SUBDIVISION 25 (F) BED AND BREAKFAST
THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA DOES ORDAIN:
I. Amending.
1. Section 31.01, Subdivision 4 (9) of the Stillwater City Code is
amended to hereafter read as follows:
"31.01, Subdivision 4 (9) DEFINITIONS
9. Bed and Breakfast. An owner occupied locally designated
historic residential structure used as a lodging establishment
where a guest room or rooms are rented on a nightly basis and
which only breakfast is included as part of the basic
compensation."
2. Section 31.01, Subdivision 25 (f) of the Stillwater City Code
is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
Bed and Breakfast. PURPOSE
The City of Stillwater recognizes that Bed and Breakfasts are
an asset to the community for the preservation of our large,
historic homes. It is the intention of the City to limit Bed
and Breakfast uses to those larger homes whereby a special use
would benefit the City and surrounding area by allowing
appropriate adaptive reuse for such dwellings. Allowing Bed
and Breakfasts is in recognition that the expense of owning
and maintaining larger historic homes has made them less
suitable for single - family dwellings.
Bed and Breakfasts are allowed by a Special Use Permit in RB
and RCM zoning districts as regulated in Section 31.01 of the
Stillwater City Code, Subdivision 13 (2) (d) and Subdivision
15 (1) (c) subject to the following conditions:"
3. Section 31.01, Subdivision 25 (f) 3 of the Stillwater City Code
is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
3. Bed and Breakfast uses in residential areas shall be located
at least nine hundred (900) feet apart (approximately three
blocks)."
4. Section 31.01, Subdivision 25 (f) 4 of the Stillwater City Code
is amended to hereafter read as follows:
"31.01 Subdivision 25 (f)
4. No liquor shall be sold on premises. If wine is served, a
wine license must be obtained from the City of Stillwater."
5. Section 31.01, Subdivision 25 (f) 8 of the Stillwater City Code
is amended to hereafter read as follows:
"31.01 Subdivision 25 (f)
8. The maximum of five (5) Bed and Breakfast guest rooms may be
established in a residential Bed and Breakfast structure. The
following lot and structure size criteria determines the
number of guest rooms allowed in a Bed and Breakfast.
Maximum Number Original Maximum Gross Minimum Zoning
Guest Rooms Number of House Size Not Lot Size in
Permitted Bedrooms Including Basement Square Feet
In Square Feet
1 2 Up to 2,499
2 3 2,500 - 2,999 10,000
3 4 3,000 - 3,499 10,000
4 5 3,500 - 4,999 15,000
5 6 5,000 up 20,000
Maximum Gross House Size is determined by using the total square
footage of habitable living space within the structure.
The number of original bedrooms in the structure will determine the
number of guest rooms that will be allowed. This shall be reviewed
and determined by the Heritage Preservation Commission. In the
case of a family with children, the family's bedroom use shall be
determined before the number of permitted guest rooms are
determined, and no family member shall be displaced for a guest
room."
6. Section 31.01, Subdivision 25 (f) 11 of the Stillwater City
Code is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
11. A Bed and Breakfast establishment shall show proof of City
building, fire and planning inspections, proof of operation
licenses by Washington County and shall submit the State sales
and use tax number for their business to the Community
Development Department."
7. Section 31.01, Subdivision 25 of the Stillwater City Code is
amended by adding (f) 12 which shall hereafter read as follows:
•
1
"31.01, Subdivision 25 (f)
12. Restoration and additions to a Bed and Breakfast shall meet
the Secretary of Interior's standards for rehabilitation.
This shall be reviewed and determined by the Heritage
Preservation Commission."
8. Section 31.01, Subdivision 25 of the Stillwater City Code is
amended by adding (f) 13 which shall hereafter read as follows:
"31.01, Subdivision 25 (f)
13. All Bed and Breakfast Special Use Permits shall be reviewed
annually by the Community Development Department. A report
shall be submitted to the Planning Commission and City
Council, during November of each year."
II. Saving. In all other ways, the Stillwater City Code shall
remain in full force and effect.
III. Publication and 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
ATTEST:
Mary Lou Johnson, Clerk
Published:
day of , 1992.
Wally Abrahamson, Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
SECTION 31.01, SUBDIVISION 4 (9) BED AND BREAKFAST
AND SUBDIVISION 25 (F) BED AND BREAKFAST
THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA DOES ORDAIN:
I. Amending.
1. Section 31.01, Subdivision 4 (9) of the Stillwater City Code is
amended to hereafter read as follows:
"31.01, Subdivision 4 (9) DEFINITIONS
9. Bed and Breakfast. An owner occupied historic residential
structure used as a lodging establishment where a guest room
or rooms are rented on a nightly basis and which only
breakfast is included as part of the basic compensation."
2. Section 31.01, Subdivision 25 (f) of the Stillwater City Code
is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
Bed and Breakfast. PURPOSE
The City of Stillwater recognizes that Bed and Breakfasts are
an asset to the community for the preservation of our historic
homes. It is the intention of the City to limit Bed and
Breakfast uses to those homes whereby a special use would
benefit the City and surrounding area by allowing appropriate
adaptive reuse for such dwellings. Allowing Bed and
Breakfasts is in recognition that the expense of owning and
maintaining historic homes has made them less suitable for
single- family dwellings.
Bed and Breakfasts are allowed by a Special Use Permit in RB
and RCM zoning districts as regulated in Section 31.01 of the
Stillwater City Code, Subdivision 13 (2) (d) and Subdivision
15 (1) (c) subject to the following conditions:"
3. Section 31.01, Subdivision 25 (f) 3 of the Stillwater City Code
is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
3. Bed and Breakfast uses in residential areas shall be located
at least nine hundred (900) feet apart (approximately three
blocks)."
4. Section 31.01, Subdivision 25 (f) 4 of the Stillwater City Code
is amended to hereafter read as follows:
"31.01 Subdivision 25 (f)
4. No liquor shall be sold on premises. If wine is served, a
wine license must be obtained from the City of Stillwater."
5. Section 31.01, Subdivision 25 (f) 8 of the Stillwater City Code
is amended to hereafter read as follows:
"31.01 Subdivision 25 (f)
8. The maximum of five (5) Bed and Breakfast guest rooms may be
established in a residential Bed and Breakfast structure. The
following lot and structure size criteria determines the
number of guest rooms allowed in a Bed and Breakfast.
Maximum Number Original Maximum Gross Minimum Zoning
Guest Rooms Number of House Size Not Lot Size in
Permitted Bedrooms Including Basement Square Feet
In Square Feet
1 2 Up to 2,499 7 COD
2 3 2,500 - 2,999 10;000
3 4 3,000 - 3,499 10,000
4 5 3,500 - 4,999 15,000
5 6 5,000 up 20,000
Maximum Gross House Size is determined by using the total square
footage of habitable living space within the structure.
The number of original bedrooms in the structure will determine the
number of guest rooms that will be allowed. This shall be reviewed
and determined by the Heritage Preservation Commission. In the
case of a family with children, the family's bedroom use shall be
determined before the number of permitted guest rooms are
determined, and no family member shall be displaced for a guest
room."
6. Section 31.01, Subdivision 25 (f) 11 of the Stillwater City
Code is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
11. A Bed and Breakfast establishment shall show proof of City
building, fire and planning inspections, proof of operation
licenses by Washington County and shall submit the State sales
and use tax number for their business to the Community
Development Department."
7. Section 31.01, Subdivision 25 of the Stillwater City Code is
amended by adding (f) 12 which shall hereafter read as follows:
"31.01, Subdivision 25 (f)
12. Restoration or additions to a Bed and Breakfast shall meet the
Secretary of Interior's standards for rehabilitation."
8. Section 31.01, Subdivision 25 of the Stillwater City Code is
amended by adding (f) 13 which shall hereafter read as follows:
"31.01, Subdivision 25 (f)
13. All Bed and Breakfast Special Use Permits shall be reviewed
annually by the Community Development Department. A report
shall be submitted to the Planning Commission and City
Council, during November of each year."
II. Saving. In all other ways, the Stillwater City Code shall
remain in full force and effect.
III. Publication and 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 , 1992.
ATTEST:
Mary Lou Johnson, Clerk
Published:
•
Wally Abrahamson, Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 43, LIQUOR
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amending. Stillwater City Code Chapter 43, Section 43.01, Subd.
2, is hereby amended by adding the following paragraph:
"The holder of an wine license, issued pursuant
to this subdivision, will entitle the holder thereof,
whose gross receipts are at least sixty percent
attributable to the sale of food, to sell intoxicating
malt liquors at on -sale without an additional license.
The holder of such a license who elects to exercise this
option must have on file with the City Clerk a liquor
liability insurance policy as required by Minnesota
Statutes § 340.11, Subd. 21."
2. Saving. In all other ways the City Code shall remain in full
force and effect.
3. Publication. This ordinance shall be in full force and effect
from and after its publication according to law.
Enacted by the City Council this day of October, 1992.
Wally Abrahamson, Mayor
ATTEST:
Mary Lou Johnson, Clerk
i
M E M O R A N D U M
TO: DICK MOORE
FROM: TOM SOHRWEIDE
DATE: SEPTEMBER 25, 1992
SUBJECT: STILLWATER, MINNESOTA
HANDICAPPED PARKING
SEH FILE NO. 89255.02
The City of Stillwater raised the question of conflict of signing
in the Main Street /Commercial Street (Fina) parking lot. Our
signing plan called for the installation of 2 -four hour parking
signs on the same pole as 2- disabled parking signs. State
Statute 169.345, Subdivision 1 (2) allows a vehicle with properly
displayed disabled designation to be parked "in a metered parking
space without obligation to pay the meter fee and without time
restrictions unless time restrictions are separately posted on
official signs ". The State Statute does not separately address
non - metered time limit parking.
Because State Statute does not specifically provide the privilege
for the properly authorized vehicles with disabled designation to
park in time limit parking spaces without regard to that time
limit, those vehicles so designated are controlled by the time
limit.
I talked with Mr. Duane Jagiello of the City of St. Paul's
traffic department, and he agreed with this interpretation but
stated that the City of St. Paul's police department does not
enforce time limits of any kind on handicapped vehicles because
of some bad PR received some time ago when they did issue such
tickets.
Memorandum
September 25, 1992
Page #2
Therefore, the signing as laid out and approved on our plans is
appropriate unless it is the City's intent and desire to
specifically not have time limit restrictions imposed upon
handicapped parking spaces. In any case, it depends upon how the
City intends to enforce the handicapped parking.
TAS /cmb
c: Glen Van Wormer
John Gray
M E M O R A N D U M
TO: Mayor and City Council
PPFR: Diane Deblon, Finance Director
DA: October 16, 1992
RE: DEVELOPMENT AGREEMENT WITH THE MINNESOTA ZEPHYR
Background
The City has previously passed resolutions and signed development agreements for
the sale of land to the Minnesota Zephyr. The terms of these documents state
a sale price of $135,000, with payment over a 20 -year term at 10% interest per
year.
Analysis
To amortize the purchase price of $135,000 with a 10% interest rate would require
monthly payments of $1,321.42 for 20 years. Interest alone on the $135,000
amounts to $1,125 per month the first year. (Interest amounts would decline and
principal amounts would increase over the life of the loan.) If the interest
rate were dropped to 8 %, the interest alone for the first year amounts to $900
per month. Mr. Paradeau has been making lease payments to the City in the amount
of $900 per month.
Conclusion
If the City Council were to apply the past lease payments toward the purchase
of land, the lease payments are less than the interest due at 10% and equal to
the interest due at 8% and consequently there would be no payment towards
principal.
Recommendation
Since the City has reported and accounted for all prior lease payments as rental
income for those years, I would not recommend changing the financial statements.
Further, the accounting treatment of rental income versus interest income is the
same. Inasmuch as the reduced interest rate equals the lease payment amount,
there would only be a change in the name of this income (minor reclassification
from rental income to interest income). If this is done, the Minnesota Zephyr
would need to make substantially larger payments to comply with the 20 -year term
of the agreement in order to make payments on the principal and have the
principal paid off in 20 years.
•
DAVID T. MAGNUSON
ATTORNEY AT LAW
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE 4260 P.O. BOX 438 STILLWATER, MN 55082
TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641
October 20, 1992
Mayor and City Council
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
Enclosed is a revised Development Contract that, for the most part,
reflects the current agreement between the City and the Zephyr.
The Council, of course, must decide the final price to be charged
Paradeau for the property, along with the interest rate.
Also, although it has not been discussed before, I have included
David L. Paradeau as an individual guarantor of the mortgage note
that the Zephyr will be giving back to the City at the closing.
Lastly, even though it hasn't been talked about recently, the
original contract promised that we would lease property north of
Elm Street to the Zephyr for parking. If this is still a current
idea, we should finalize the negotiations and complete the parking
lease attached to the Agreement as Exhibit "G ". If it is no longer
an issue, we'll simply eliminate it from the draft.
We will also need to finalize numbers with the Signal Bank prior to
the closing.
I also enclose a form of resolution that can be used to approve the
document once the Mayor and Council are satisfied with the deal.
I would like to hear from anyone who has questions.
Yours very truly,
David T. uson
Stillwate ity Attorney
DTM /sls
Enclosures
cc: Nile Kriesel, City Coordinator
Diane Deblon, Finance Director
Steve Russell, Community Development Director
David Paradeau, Minnesota Zephyr
RESOLUTION NO.
WHEREAS, the City Council of the City of Stillwater was
approached in 1987 by David L. Paradeau of the Minnesota Zephyr
(the "Zephyr ") to make available to the Zephyr a parcel of land
with which to locate a depot for the housing and operation of a
dinner train that Paradeau planned to bring to the City, and,
WHEREAS, efforts began in 1987 to secure a piece of land that
had been abandoned by the owners thereof in the 1930s after an
easement over the entire area had been acquired for highway
purposes by the State of Minnesota and, it also appeared to the
Council that this site was part of Tax Increment Financing District
Number 1, a district located in Development District Number 1 of
the City (the Downtown Industrial Park Scattered Site Redevelopment
District), and, it appeared to the City Council that it would be
impossible or unlikely that the Minnesota Zephyr would locate in
the City without the assistance of the City in acquiring the parcel
and making the parcel available to the Zephyr for redevelopment,
and,
WHEREAS, it appears that the City expenses associated with the
acquisition of the property are outlined in a report prepared by
the City Finance Director and attached to this Resolution as
Exhibit "A" and that the income received from the property as rent
from the Minnesota Zephyr during the period from 1987 to the
present is outlined in Exhibit "B ", and,
WHEREAS, the Council has determined that the expense
associated with the acquisition of this property, including the
necessary condemnation action, the expenses associated with surveys
and other fees, all were necessary to expend because of the unique
nature of the parcel, and,
WHEREAS, it appears that while these expenses were necessary
to make the land available for redevelopment, it would not be
feasible for the full amount of these expenses to be borne by the
Zephyr since with the full amount of the expenses, the
redevelopment of the property by the Zephyr would not be feasible
and would be economically uncertain, and,
WHEREAS, based upon all of the foregoing factors and the files
and records of the City and upon all the testimony offered at the
various public hearings with regard to this matter,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the City convey the property acquired for the
Minnesota Zephyr and attached to this Resolution as Exhibit "C" to
the Minnesota Zephyr and the Mayor and Clerk are hereby authorized
to sign necessary documents to effect this conveyance.
2. That the conveyance be conditioned upon the Developer
conveying to the City a mortgage in the amount of $
payable over a period of twenty years with an interest rate of
% per annum.
3. That the conveyances described in the foregoing paragraphs
be made, subject to all terms and conditions of the Development
Contract, by and between the parties which contract be and the same
hereby is approved and the Mayor and Clerk are directed to execute
the same on behalf of the city.
Enacted by the City Council of the City of Stillwater this
day of October, 1992.
Wally Abrahamson, Mayor
ATTEST:
Mary Lou Johnson, Clerk
Execution Draft
October, 1992
DEVELOPMENT CONTRACT
RELATING TO THE
MINNESOTA ZEPHYR
BETWEEN THE
CITY OF STILLWATER, MINNESOTA
AND
MINNESOTA ZEPHYR,
A MINNESOTA CORPORATION
This Agreement drafted by:
David T. Magnuson, #66400
Magnuson & Thole
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
DEVELOPMENT CONTRACT
THIS AGREEMENT is a Revision and Restatement of the
Development Contract approved by the City on September 1, 1987, and
is, made and entered into this day of October, 1992 by and
between the CITY OF SITLLWATER, a municipal corporation, and
political subdivision of the State of Minnesota, (hereinafter
called the "City "), and Minnesota Zephyr, a Minnesota Corporation,
(hereinafter called the "Developer ");
WITNESSETH THAT, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
Section 1. Recitals.
1.01. The Property. The City now owns the property North of
the extension of Laurel Street and South of the extension of
Elm Street called the "Train Property ", described in Exhibit
"A ", and the property North of the extension of Elm Street,
the "Rental Property ", as described in Exhibit "B ".
1.02. Private Improvements. The Developer has made
application to the City to Develop the Train Property by
operating from the site an excursion restaurant train to be
known as the "Minnesota Zephyr" and constructing a building
that will be used for retail sales and as a Depot for the
Minnesota Zephyr, an excursion train restaurant as described
herein, together with a parking area. A site plan of the
proposed Development is attached as Exhibit "C" and the
architectural plans for the proposed Depot are attached as
Exhibit "D ". The City Council has reviewed the application in
accordance with Minnesota law, the City Charter, and
ordinances.
Section 2. Developer's Representations. The Developer hereby
represents, warrants and covenants to the City that as of the date
of this Contract, the statements set forth in this Contract are
true and correct.
2.01. No Disability. The Developer knows of no legal
disability that would prevent it from carrying out this
Contract.
2.02. Ownership. The Developer will, prior to the City
signing any instrument of conveyance, be in full operational
control of six dining cars, two of which will be vista dome
cars that the Developer promises will be known as the
Minnesota Zephyr, as outlined in the Developer's proposal made
to the City, which is made a part of this Contract as Exhibit
"E ", subject only to a lien necessary to secure Developer's
financing of this property.
1
2.03. Execution No Violation. The execution, delivery and
performance of this Contract does not and will not result in
any breach of, or constitute a default under, any indenture,
mortgage, contract, agreement or instrument to which the
Developer is a party or by which it or its property is bound.
2.04. Litigation. There are no pending, or to the knowledge
of the Developer, threatened actions or proceedings before any
court or administrative agency which will materially adversely
affect the financial condition, business or operation of the
Developer or the ability of the Developer to perform its
obligations under this Contract.
2.05. Compliance. The Developer will comply with and duly
and promptly perform all of its obligations under this
Contract and all related documents and instruments, and all
Conditions of Approval made a part of the Special Use Permit
as described in City Planning Case No. SUP /DR/90 -62.
Section 3. City Undertakings.
3.01. Transfer of Train Property. The City will convey Fee
Simple title to the Train Property to the Developer subject to
the terms of this Contract. The City will also convey to the
Developer a lease that will allow the Developer use of the
Rental Property subject to the terms of this Contract. The
Deed will be in substantially the same form attached as
Exhibit "F(1) ". The lease of the rental property will be in
substantially the same form as Exhibit "G ".
3.02. Permits. The City will authorize the necessary permits
for the construction of the Private Improvements upon payment
of the necessary permit fees, subject to the review and
approval of any other governmental agency that might be
required by law, and any City Council review that is required
by City ordinances.
Section 4. Developer's Undertakings.
4.01. Payment. At the time of transfer of any title to any
property to the Developer, the Developer will pay to the City
by mortgage note the sum of $ . This sum will be
amortized over a twenty (20) year term at percent ( %)
simple interest per annum, and secured by a mortgage on the
property given by the Developer to the City; provided,
however, that this mortgage shall be Subordinate to a first
mortgage given by the Developer to a lender that will finance
the Private Improvements described irr this Contract. The
Developer shall have the right to prepay this mortgage at any
time without penalty. Mortgage and mortgage note will be in
substantially the same form set forth lin Exhibit "F(2)" and
"F(3)".
4.02. Depot Construction. Before the conveyance described in
Section 4.01. is made to the Developer, the Developer will
furnish to the City evidence that the Developer has secured
financing in an amount necessary to complete the construction
of the depot.
4.03. Start and Completion Dates. The Developer will begin
construction of the depot within thirty (30) days of receiving
the conveyance described in Section 3.01., and will have the
improvements substantially complete within one year from that
date; but in no event later than January 1, 1994.
4.04. Public Parking. The Developer will allow public use of
the parking area described in Exhibits "B" and "C ", and will
negotiate an arrangement regarding this public use that will
not be in conflict or cause interference with its private use.
4.05. Coordination of Improvements. The Developer agrees to
coordinate improvements with public work being done by the
City as part of the Downtown Plan improvements, and to consult
with the City Engineer and the Minnesota State Highway
Department in order that the improvements be consolidated, if
possible, with planned MnDOT improvements of State Highway 95.
4.06. Use of Property. The Developer agrees to operate a
Railroad Restaurant and conduct retail sales on the property,
on the general terms set forth in the Developer's proposal
that is attached hereto as Exhibit "E ". This operation shall
continue without interruption except for seasonal shut downs.
4.07. Public Improvements. The Developer has installed
necessary public improvements to the property and this work is
described in the attached Exhibit "D ". The cost of these
improvements shall be borne between the parties as follows:
The City provided public works and engineering advice with
regard to the public improvements without charge to the
Developer, and the City paid either directly to a contractor
or to the Developer as reimbursement for costs expended for
the installation of these improvements $19,165.00. However,
the City agrees that the amount to be repaid, pursuant to
Section 4.08. shall be limited to $15,000.00.
4.08. Re- Payment. In the event the Developer fails to
complete the private improvements as set forth in Section
1.02. of this Contract, unless an extension is granted by the
City for good cause; or if the Developer fails to operate the
Minnesota Zephyr from the site on the general terms set forth
in Exhibit "E" for more than thirty (30) days, except for
seasonal shutdowns; or if the Developer abandons the site,
then the Developer agrees to repay the City $15,000.00
expended by the City under Section 4.07. hereof.
3
Section 5. Assessment Agreement and Payment of Taxes and
Mortgages.
5.01. Payment of Taxes; Assessments, Etc. Developer agrees
to pay or cause to be paid, before any fine, penalty, interest
or cost may be added thereto for the nonpayment thereof, all
real estate taxes, assessments, water, sewer and other
charges, which are assessed, levied, confirmed, imposed and
become a lien upon the property or any part thereof during the
term of this Contract. Developer agrees, upon request of the
City, to furnish to the City, within sixty (60) days after the
date when any imposition is payable pursuant to any provision
of this Section, official receipts of the appropriate taxing
or other authority, or other proof satisfactory to the City
evidencing the payment thereof; and to promptly pay any
amounts due under and mortgage against the property.
Section 6. Restrictions on Transfer: Indemnification.
6.01. Right of First Refusal. In the event Developer desires
to sell the Train Property, or the City desires to sell the
Rental Property, it shall give to the other written notice of
its intention to make such disposition, indicating that it has
a bona fide offer for the purchase of the property, stating
the name and address of the persons or entity desiring to
purchase the property and the sale price and terms of payment
of such sale.
(a) The property offered to be sold shall be
subject to the right of purchase on the part of the
other, which right shall be exercised, if at all, within
sixty (60) days of receiving notice and upon the terms
and conditions set forth in the offer of purchase.
(b) If the other fails to elect to give notice to
purchase the property upon the same terms as the third -
party offer within sixty (60) days, the owner shall be
free to dispose of the property to the person or persons
or entity named in the offer of purchase, at the price
and upon the terms and conditions set forth in such
offer. In the event of an approved transfer, the parties
agree that the terms and conditions hereof run with the
land and shall be binding upon their successors and
assigns.
6.02. Indemnification and Release. Developer agrees to
defend and hold the City, and its officials, employees and
agents, harmless against any and all claims, demands,
lawsuits, judgments, damages, penalties, costs and expenses,
including reasonable attorney's fees, arising out of actions
or omissions by Developer, its employees and agents, in
connection with the Project. Further, in consideration of the
4
mutual promises contained herein, the Developer releases and
forever discharges the City from any existing claims with
regard to the existence and removal of hazardous waste
material.
6.03. Enforcement by City: Damages. The Developer
acknowledges the right of the City to enforce the terms of
this Contract against the Developer, by action for specific
performance or damages, or both, or by any other legally
authorized means. The Developer also acknowledges that its
failure to perform any or all of its obligations under this
Contract may result in substantial damages to the City; that
in the event of default by the Developer the City may commence
legal action to recover all damages, losses and expenses
sustained by the City; and that such expenses may include, but
are not limited to, the reasonable fees of legal counsel
employed with respect to the enforcement of this Contract.
Section 7. Events of Default.
7.01. Events of Default Defined. The following shall be
"Events of Default" under this Contract and the term "Event of
Default" shall mean, whenever it is used in this Contract, any
one or more of the following:
(a) Failure by Developer to timely pay all real
property taxes, assessments, mortgage payments due the
City, or other charges assessed with respect to the
Development Property.
(b) Subject to unavoidable delays, failure by
Developer to commence and complete construction of the
private improvements.
(c) Failure by Developer to substantially observe
or perform any material covenant, condition, obligation
or agreement on its part to be observed or performed
under this Contract.
(d) Filing by Developer in any court, pursuant to
any federal or state statute, of a petition in bankruptcy
or insolvency, or for reorganization, or for the
appointment of a receiver or trustee of all or a portion
of Developer's property, or an assignment by Developer
for the benefit of creditors.
(e) Filing against Developer in any court, pursuant
to any federal or state statute, of a petition in
bankruptcy or insolvency, or for reorganization, or for
appointment of a receiver or trustee of all or a portion
of Developer's properties.
5
(f) Commencement of foreclosure by the Holder of
any Mortgage.
7.02. Remedies on Default. Whenever any Event of Default
occurs, the City, subject to any rights of the Holder of the
First Mortgage agreed to by the City pursuant to this
Contract, or otherwise by a written, executed instrument of
the City, may take any one or more of the following actions:
(a) The City may suspend its performance under this
Contract until it receives assurances from Developer,
deemed adequate by the City, that Developer will cure its
default and continue its performance under this Contract.
(b) The City may initiate such action, including
legal or administrative action, as is necessary for the
City to secure performance of any provision of this
Contract or recover any amounts due under this Contract
from Developer.
(c) Sue for damages.
(d) Foreclose any mortgage given by Developer to
the City hereunder.
(e) Certify to the County Auditor, to be spread
with real estate taxes for collection in the following
year, any sums due the City pursuant to Sections 4.08.
and 6.03..
7.03. No Remedy Exclusive. No remedy herein conferred upon
or reserved to the City is intended to be exclusive of any
other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every
other remedy given under this Contract or now or hereafter
existing at law or inequity or by statute. No delay or
omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be
deemed expedient.
7.04. No Additional Waiver Implied by One Waiver. In the
event any agreement contained in this Contract should be
breached by any Party and thereafter waived by any other
party, such waiver shall be limited to the particular breach
so waived and shall not be deemed to waive any other
concurrent, previous or subsequent breach hereunder.
Section 8. Administrative Provisions.
8.01. Notices. All Notices, certificates or other
6
communications required to be given to the City and the
Developer hereunder shall be sufficiently given and shall be
deemed given when delivered, or when deposited in the United
States mail in registered form with postage fully prepaid and
addressed, as follows:
If to the City:
If to the Developer:
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
David L. Paradeau
8030 Cedar Avenue, Suite 208
Bloomington, MN 55420
The City and the Developer, by notice given hereunder, may
designate different addresses to which subsequent notices,
certificates or other communications will be sent.
8.02. Severability. In the event any provisions of this
Contract shall be held invalid or unenforceable by any court
of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provisions hereof.
Section 9. Additional Provisions.
9.01. Equal Employment Opportunity. The Developer agrees
that during the construction of the Project neither it nor any
of the contractors or its heirs will unlawfully discriminate
against any employee or applicant for employment because of
race, color, religion, sex, age, national origin, or political
affiliation.
9.02. Titles of Sections. Any titles of the several parts of
this Contract are inserted for convenience of reference only
and shall be disregarded in construing or interpreting any of
its provisions.
9.03. Counterparts. This Contract is executed in any number
of counterparts, each of which shall constitute one and the
same instrument.
9.04. Modification. If Developer is requested by the holder
of a mortgage or by a prospective holder of a prospective
mortgage to amend or supplement this Contract in any manner
whatsoever, the City will, in good faith, consider the request
with a view to granting the same, provided that such request
is consistent with the terms and conditions of this Contract.
9.05. Law Governing. This Contract shall be governed by and
construed in accordance with the laws of the State of
Minnesota.
7
9.06. Severability. In the event any provision of this
Contract shall be held invalid or unenforceable by any court
of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provisions hereof.
Section 10. Termination of Contract.
10.01. Termination. This Contract shall terminate at the
time of all of the Developer's undertakings hereunder have
been fulfilled. Notwithstanding a termination pursuant to
this Section, the Right of First Refusal contained in Section
6.01. shall continue in effect.
IN WITNESS WHEREOF, the City has caused this Contract to be
executed in its corporate name by its duly authorized officers and
sealed with its corporate seal; and the Developer has executed this
Contract at Stillwater, Minnesota, the day and year first above
written.
DEVELOPER: CITY OF STILLWATER:
MINNESOTA ZEPHYR
By: By:
David L. Paradeau, CEO Wally Abrahamson, Mayor
Attest:
Mary Lou Johnson, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this day of , 1992, before me, a
Notary Public within and for said County, appeared Wally Abrahamson
and Mary Lou Johnson, to me personally known, who, being by me duly
sworn, did say that they are respectively the Mayor and City Clerk
of the City of Stillwater, and that this instrument was signed and
sealed in behalf of the City by authority of its City Council, and
they acknowledge that said instrument was the free act and deed of
the City.
Notary Public
8
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 1992, before me, a
Notary Public within and for said County, appeared David L.
Paradeau, to me personally known, who, being duly sworn, did say
that he is the Chief Executive Officer of Minnesota Zephyr,
Developer named in the foregoing instrument and that this
instrument was signed on behalf of the Corporation as his free act
and deed.
This Document was Drafted By:
David T. Magnuson, #66400
Magnuson & Thole
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
9
Notary Public
PARCEL 2 DESCRIPTION:
All that part of Tract 2 as described on Certificate of Title Number 65, and delineated upon the map marked
"Exhibit 8" attached thereto, as the same is recorded in the office of the The Registrar of Titles of
Washington County, Minnesota, described as follows:
Commencing at the interesection of the easterly line of Main Street and the northerly line of Laurel Street,
as shown on the plat of the original town, now City of Stillwater, as amended by Myron Shepard's Perfected
Plat of the City of Stillwater dated May 21, 1878; thence North 08 degrees 36 minutes 08 seconds-EAs�
assumed bearing, along said easterly line of Main Street 48.00 feet; thence South 81 degrees 23 �1inUte5
52 seconds East along a line hereinafter referred to as "Line A" 18 feet to the point of beginning dfii'he
parcel being described; thence North 07 degrees 24 minutes 09 seconds East 447.07 feet;' thence northeasterly
209.25 feet along a non - tangential curve concave to the northwest having a 'radius of 284.57 feet, a central
angle 42 degrees 07 minutes 50 seconds and the chord of said curve bears North 32 degrees 29 minutes 03
seconds East; thence North 11 degrees 25 minutes 08 seconds East, along tangent, 35.93 feet, more or less,
to the easterly line of said Tract 2, Certificate of Title Number 65; thence South 04 degrees 55 minutes
28 seconds West along said easterly line 635.47 feet; thence southerely 18.56,feet dlong. said easterly line
on a tangential curve concave to the east, having a radius of 2873.93 and a central angle of 00 degrees
22 minutes 12 seconds, to $aid northerly line of Laurel Street; :thence South 72 degrees 51 minutes 06 seconds
West along'sa.id. northerly line 26.15 feet, more or less, to a point 124.06 'feet easterly, as measured along
said northerly line froni said easterly line of Main Street; thence South 12 degrees 12 minutes 16 seconds
West along said easterly line fo tract 2 a distance of 28.68 feet more or less to the centerline of said Laurel
Street; thence South 72 degrees 51'minutes 06 seconds West along said centerline 84.25 feet, more or less, to
the intersection with a line drawn parallel with and 34.00 feet easterly, as measured at right angles,
of said easterly line of Main Street; thence North 08 degrees 36 minutes 08 seconds East parallel with
said easterly line, 59.36 feet, more or less, to the intersection with an easterly projection of the before
described "Line A "; thence North 81 degrees 23 minutes 52 seconds West along said projected line 16.00 feet to
the point of beginning.
PARCEL 2 DESCRIPTION: -
Subject to a utility easement over, under and across b 30.00 fooE w1Je - D o sir land ;: he
northerly line of which is described as follows; Commencing at the intersection of said easterly
line of Main Street and said northerly line of Laurel Street; thence North 08 degrees 36 minutes 06
seconds East, assumed bearing, along said easterly line, 48.00 feet; thence South 81 degrees 23
minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 26.29 feet
to the point of beginning of the northerly line of the 30.00 foot wide utility easement being
described; thence North 88 degrees 00 minutes 41 seconds East along said northerly line 117.76 feet.
more or less. to said easterly line of Tract 2, Certificate of Title Number 65, and the end of the
line being described.
And
Subject to a utility easement over, under and across all that part of the above described
parcel described as follows; Commencing at the intersection of said easterly line of Main Street
and said northerly line of Laurel Street; thence North 08 degrees 36 minutes 06 seconds East,
assumed bearing. along said easterly line, 48.00 feet; thence South 81 degrees 23 minutes 52
seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 200.30 feet to the
point of beginning of the easement being described; thence continuing North 07 degrees 24 minutes
09 seconds East 30.07 feet; thence South 78 degrees 38 minutes 44 seconds East 108.77 feet, more or
less, to said easterly line of Tract 2, Certificate of Title Number 65; thence South 04 degrees
55 minutes 28 seconds West along said easterly line 30.19 feet, more or less, to the Intersection
with a line which bears South 78 degrees 38 minutes 44 seconds East from the point of beginning;
thence North 78 degrees 38 minutes 44 seconds West along said line 110.08 feet to the point of
beginning.
And
Subject to a utility easement over under and across all that part of the above described parcel
described as follows; Commencing at the Intersection of said easterly line of Main Street and
said northerly line of Laurel Street; thence North 08 degrees 36 minutes 06 seconds East, assumed
bearing, along said easterly line. 48.00 feet; thence South 81 degrees 23 minutes 52 seconds
East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds East 410.75 feet to the point of
De ?inning of the easement being described; thence continuing North 07 degrees 24 minutes 09 seconds
East 36.32 feet to the northwesterly corner thereof; thence South 76 degrees 59 minutes 21 seconds
Est 99.71 feet, more or less. to said easterly line of Tract 2. Certificate of Title Number 65;
t..ence South 04 degrees 55 minutes 28 seconds West along said easterly line 29.69 feet, more or less
the intersection with a line which bears South 80 degrees 50 minutes 07 seconds East from the
_::nt of beginning; thence North 80 degrees 50 minutes 07 seconds West along said line 100.56 feet,
mere or less, to the point of beginning.
And
Subject to a right of way to the Northern Pacific Railway Company. Fourteen (14) feet In
width. Seven (7) feet on each side of the centerline of the spur track of the Northern Pacific
Railway Company, running to the Minnesota State Prison, as now located and constructed and more
particularly delineated on the map attached to the Deed of the Northern Pacific Railway Company,
to the Northwest Thresher Company, dated September 8th, 1902, and recorded In the Office of the
Register of Deeds In and for said Washington County, on the 6th day of November, 1902, 1" gook
55 of CeeJs, rage 2f7.
And
Subject to a 20.00 foot wide utility easement over, under and across all
thnl part of the above described parcel being 10.00 feet on either side
of the following described centerline; Commencing at the intersection of
said easterly line of Main Street and said northerly line of Laurel Street;
llirrice North 08 degrees 36 minutes 08 seconds East, assumed bearing, along
said easterly line, 48.00 feet; thence South 81 degrees 23 minutes 52
seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds
East 447.07 feet; thence South 36 degrees 10 minutes 04 seconds West 31.29
feet to the point of beginning of the centerline description of the 20.00
wide utility easement being described; thence North 36 degrees 10
minutes 04 seconds East along said centerline 170.00 feet;
thence North 19 degrees 52 minutes 50 seconds East along
said centerline 61.23 feet; thence North 08 degrees 18
minutes 28 seconds East along said centerline 185.85 feet,
more or Less, to said easterly line of Tract 2; thence
North 12 degrees 27 minutes 49 seconds East along said
centerline 100.00 feet to the end of the easement being
described.
Exhibit "A"
PAi'iCEL: THREE
PARCEL 3 DESCRIPTION:
Ali that part of Tract 2 es described on Certificate of Title Number 65. and delineated upon
the map marked "Exhibit 8" attached thereto, as the same Is recorded In the office of the Registrar
of Titles of Washington County, Minnesota, described as follows:
Commencing at the intersection of the easterly line of Main Street and the northerly line of
Laurel Street, as shown on the plat of the original town, now City of Stillwater. as amended by
Myron Shepard's Perfected Piet of the City of Stillwater dated May 21, 1878; thence North 08 degree
36 minutes 08 seconds East, assumed bearing, along said easterly line of Main Street 48.00 feet;
thence South 8t degrees 23 minutes 52 seconds East 18.00 feet; thence North 07 degrees 24 minutes
09 seconds East 447.07 feet to a point hereinafter referred to as "Point A "; thence northeasterly
209.25 feet along a non - tangential curve concave to the northwest. having a radius of 284.57 feet,
central angle of 42 degrees 07 minutes 50 seconds. the chord of said curve bears North 32 degrees
29 minutes 03 seconds East. to a point hereinafter referred to as "Point B "; thence North 11 degrees
25 minutes 08 seconds East. along tangent, 35.93 feet, more or less, to the easterly line of said
Tract 2. Certificate of Title Number 65 and the point of beginning of the parcel being described;
thence South 11 degrees 25 minutes 08 seconds West 35.93 feet, more or less, to the before described
"Point 8 "; thence southwesterly along the before described 284.57 foot radius curve, 209.25 feet to
the before described "Point A "; thence North 07 degrees 24 minutes 09 seconds East, not tangent to
said curve, 130.50 feet; thence North 08 degrees 40 minutes 21 seconds East 331.78 feet; thence
northerly 263.23 feet along a tangential curve, concave to the west. having 4 radius of 2914.74
and a central angle of 05 degrees 10 minutes 28 seconds; thence North 38 degrees 28 minutes 46
seconds East, not tangent to said curve, 69.16 feet. more or less, to said easterly line of Tract 2
thence southerly 395.12 feet along said easterly line on e•non.tangenttai Curve concave to the west
having a radius of 2801.27 feet. a central angle 08 degrees 04 minutes 54 seconds, the chord of
said curve bears South 00 degrees 53 minutes 01 seconds West; thence South 04 degrees 55 minutes 28
seconds West. along tangent and along said easterly line 171.30 feet. more or less, to the point
nr heolnntn0.
PARCEL 3 DESCRIPTION: _ _ • Subject to a right of way to the Northern' Pacific Railway Company, Fourteen (14) feet In wIdth,,,
Seven (7) feet on each side of the centerline of the spur track of the Northern Pacific Railway
Company. running to the Minnesota State Prison, as now located and constructed and more particular!)
delineated on the map attached to the Deed vi the Northern Pacific Railway Company, dated September
Oth, 1902 and recorded In the Office of the Register of Deeds In and for said Washington County. on
the. 6th day of November, 1902, in Book 55 of Deeds. Page 267.
And
Subject to a 20.00 foot wide utility easement over, under and across all
that part of the above described parcel being 10.00 feet on either side
of the following described centerline; Commencing at the intersection of
said easterly line of Main Street and said northerly line of Laurel Street;
thence North 08 degrees 36 minutes 08 seconds East, assumed bearing, along
said easterly line, 48.00 feet; thence South 81 degrees 23 minutes 52
seconds East 18.00 feet; thence North 07 degrees 24 minutes 09 seconds
East 447.07 feet; thence South 36 degrees 10 minutes 04 seconds West 31.29
feet to the point of beginning of the centerline description of the 20.00
wide utility easement being described; thence North 36 degrees 10
minutes 04 seconds East along said centerline 170.00 feet;
thence North 19 degrees 52 minutes 50 seconds East along
said centerline 61.23 feet; thence North 08 degrees 18
minutes 28 seconds East along said centerline 185.85 feet,
more or less, to said easterly line of Tract 2; thence
North 12 degrees 27 minutes 49 seconds East along said
centerline 100.00 feet to the end of the easement being
described.
Exhibit "B"
•
•
-SITE PLAN-
Exhibit "C"
- ARCHITECTURAL PLAN-
Exhibit "D"
Form No. 9 -M— WARRANTY DEED
Corporation or Partnership to
Corporation or Partnership
Minnrsota UM form Convevaneioa Itlanks (197A)
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
by
County Auditor
Deputy
STATE DEED TAX DUE HEREON: $
Date: , 19
(reserved for recording data)
FOR VALUABLE CONSIDERATION, the City of Stillwater, a political
subdivision and municipal corporation under the laws of
Minnesota , Grantor, hereby conveys and warrants to Minnesota Zephyr
, Grantee, a
Corporation under the laws of Minnesota real property in
Washington
County, Minnesota, described as follows:
(il more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Subject to all covenants and conditions set forth in the Development
Contract between the Grantor and Grantee dated , 1992'.
Affix Deed' Fax Stainp Mire
STATE OF MINNESOTA
COUNTY OF WASHINGTON
/ SS.
THE CITY OF STILLWATER
By
Hs Wally Abrahamson, Mayor
By
Its Mary Lou Johnson, Clerk
The foregoing was acknowledged before me this day of , 19_ ,
by Wally Abrahamson and Mary Lou Johnson
the Mayor and Clerk
of the City of Stillwater ,a municipal corporation
under the laws of Minnesota , on behalf of the Grantor
NOTARIAL. STAMP OR SEAL (OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
David T. Magnuson, #66400
Magnuson & Thole
324 South Main Street, #260
P.O. Box 438
Stillwater, MN 55082
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statements (or the real property described In this instrument should
be sent to (Include name and address of Grantee):
Exhibit "F(1)n
Corpora:ion to Individual or Corporation
Forth Pao. 43 -111 NI uniInrin c.n,, ..r _ t p. 1 9751
tIjig 3 nbeiiture, Made this day of , 19
between Minnesota Zephyr
z corporation under the laws of the State of MinneS.o.ta , mortgagor, and th.e...
City of Stillwater, a political subdivision and municipal corporation
o the Count o Washington Minnesota
f y f , and State of , mortgagee
llihttggetlj, That the said mortgagor, in consideration of the sum of
DOLL AI RS,
to it in hand paid by the said mortgagee , the receipt whereof is hereby acknowledged, does hereby
Grant, Bargain, Sell, and Convey unto the said mortgagee ., and assigns,
Forever, all the tract or parcel of land lying and being in the County of
and State of Minnesota, described as follows, to -wit:
Ito 3€jabe nob to 3ttolb die balite, Together with the hereditaments and appurtenances thereto belong-
ing, to the said mortgagee and assigns, forever. And the said mortgagor for itself, its
successors and assigns does covenant with the said mortgagee , and assigns, as follows:
That it is lawfully seized of said premises and has good right to sell and convey the same; that the same are free from
all incumbrances,
that the mortgagee and assigns, shall quietly enjoy and possess the same; and that the
mortgagor will Warrant and Defend the title to the same against all lawful claims not hereinbefore expressly excepted.
iroblbeb, , ebertIJelegg, That if the said mortgagor, its successors or assigns, shall pay to the said mort-
gagee or assigns, the sum of
Dollars,
according to the terms of principal promissory note of even date herewith due and payable,
with interest thereon at the rate of per cent per annum
executed by the said mortgagor, and payable to the order of said mortgagee at Stillwater
Minnesota
and shall repay to said mortgagee or assigns at the times and with interest as hereinafter
specified, all sum advanced in protecting the lien of this mortgage, in payment of taxes on said premises, insurance
premiums covering buildings thereon, principal or interest on any prior liens, expenses and attorney's fees herein provided
for the sums advanced for any other purpose authorized herein, and shall keep and perform all the covenants and agree-
ments herein contained, then this deed to be null and void, and to be released at the mortgagor's expense.
AND THE MORTGAGOR, for itself, its successors and assigns, does hereby covenant and agree with the mort-
gagee t its transferees and assigns, to pay the principal sum of money and interest as above specified; to
pay all taxes and assessments now due or that may hereafter become liens against said premises at least ten days before
penalty attaches thereto; to keep any buildin s on said premises insured by companies approved by the mortgagee
a ns oss by fire fo t least the sum of ull insurable value
g'ui.i insurable value
full insurable value Dollars and against loss by windstorm for at least the sum of
Dollars, and to deliver to said mortgagee the policies
for such insurance with mortgage clause attached in favor of said mortgagee or its assigns; to pay,
when due, both principal and interest of all prior liens or incumbrances, if any above mentioned, a•td to keep said prem-
ises free and clear of all other prior liens or incumbrances; to commit or permit no waste on said premises and to keep
them in good repair; to complete forthwith any improvements which may hereafter be under course of construction
thereon, and to pay any other expenses and attorney's fees incurred by said mortgagee, .... _.its transferees
or assigns, by reason of litigation with any third party for the protection of the lien of thi; mortgage.
Exhibit "F(2)"
In case of failure to pay said taxes and assessments, prior liens or incumbrances, expenses and attorney's fees as
above specified, or to insure said buildings and deliver the policies as aforesaid. the mortgagee ,
or assigns, may pay such taxes. assessments, prior liens, expenses and attorney's fees and interest thereon, or effect such
insurance, and the sums so paid shall bear interest at the highest rate permitted by law from the date of such payment
shall be impressed as an additional lien upon said premises and be innnediately due and payable from the mortgagor, its
successors or assigns, to said mortgagee or assigns, and this mortgage shall from date
thereof secure the repayment of such advances with interest.
In case of default in any of the foregoing covenants, the mortgagor confers upon the mortgagee the option of
declaring the unpaid balance of said principal note and the interest accrued thereon, together with all sums advanced
hereunder, immediately due and payable without notice, and hereby authorizes and empowers said mortgagee
and assigns, to foreclose this mortgage by judicial proceedings or to sell said premises at public
auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys aris-
ing from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure
and the maximum attorney's fee permitted by law, which costs, charges and fees the mortgagor herein agrees to pay.
*tate of jHinneoota,
ti VtCfit1111onp Meted, The said mortgagor has caused these
presents to be executed in its corporate name by its
President and its and its corporate seal to
be hereunto affixed the day and year first above written.
County of
The foregoing instrument was acknowledged before me
this day of , 19
by David L. Parade au
(NAME OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT)
ON Chief Executive Officer
} SS.
MINNESOTA ZEPHYR
By
David L. Paradeau
Its CEO MMX
Its
(NAME OF OFFICER OR AGENT, TITLE OF OFFICER OR AGENT)
Minnesota Zephyr
o f
(NAME. OF CORPORATION ACKNOWLEDGING)
Minnesota
a corporation, on behalf of the corporation.
(STATE OR PLACE OF INCORPORATION)
(SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT)
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY
David T. Magnuson, Magnuson & Thole
324 South Main Str , #260
Stillwater, MN 550814,e")
(TITLE OR RANK)
•
35
5.
5,
N O T E
U.S. $ DATE Stillwater , MN
FOR VALUE RECEIVED, the undersigned ( "Borrower ") promise(s) to III
pay to the City of Stillwater , or order, the principal sum
of dollars, with interest on
the unpaid principal balance from the date of this Note, until paid, at
the rate of percent per annum. Principal and interest
shall be payable at City Hall, City of Stillwater , or such other place
as the Note Holder may designate in consecutive monthly installments of
dollars (U. S. $ ) on
the day of each month, beginning , 19 . Such
monthly installments shall continue until the entire indebtedness evi-
denced by this Note is fully paid, except that any remaining indebtedness
if not sooner paid, shall be due and payable on December 31, 2112 .
If any monthly installment under this Note is not paid when due
and remains unpaid after a date specified by a notice to Borrower, the
entire prinicipal amount outstanding and accrued interest thereon shall at
once become due and payable at the option of the Note Holder. The date
specified shall not be less than thirty (30) days from the date such
notice is mailed. The Note Holder may exercise this option to accelerate
during any default by Borrower regardless of any prior forbearance. If
suit is brought to collect this Note, the Note Holder shall be entitled to
collect all reasonable costs and expenses of suit, including, but not
limited to, reasonable attorney's fees.
Borrower may prepay the principal amount outstanding in whole or
in part.
Presentment, notice of dishonor, and protest are hereby waived
by all makers, sureties, guarantors and endorsers hereof. This Note shall
be the joint and several obligation of all makers, sureties, guarantors
and endorsers, and shall be binding upon them and their successors and
assigns.
Any notice to Borrower provided for in this Note shall be given
by mailing such notice by certified mail addressed to Borrower at the
property address stated below, or to such other address as Borrower may
designate by notice to the Note Holder. Any notice to the Note Holder
shall be given by mailing such notice by certified mail, return receipt
requested, to the Note Holder at the address stated in the first paragraph
of this Note, or at such other address as may have been designated by
notice to Borrower.
The indebtedness evidenced by this Note is secured by a Mortgage
dated , and reference is made in the Mortgage
for rights as to acceleration of the indebtedness evidenced by this Note.
MINNESOTA ZEPHYR Minnesota Zephyr
Borrower c/o-David L. Paradeau
8030 Cedar Avenue, Suite 208
Address Bloomington, MN 55420
Minnesota Zephyr
By David L. Paradeau, CEO
David L. Paradeau, Individually
Exhibit F3
PARKING LEASE AGREEMENT
THIS AGREEMENT is made this day of
1992, and between THE MINNESOTA ZEPHYR, a Minnesota Corporation,
( "Lessee "), and THE CITY OF STILLWATER, a Municipal Corporation of
the State of Minnesota, ( "City ").
RECITALS
A. City is the owner of land, (the "Property ") located in the
City of Stillwater, County of Washington, State of Minnesota,
legally described as set forth on Exhibit "A" attached hereto.
B. The Lessee desires to lease a part of the Property
described in Exhibit "B" attached hereto, (the "Parking Area ") and
to create the necessary leasehold rights for joint use of portions
of the Parking Area by Lessee and the City.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is hereby agreed that:
1. Exclusive Possession of Parking Area.
(The use of the Zephyr must be described here.)
At all other times, exclusive use of the Parking Area shall be
reserved in the City.
2. Rent. Lessee shall pay rent to City during the term
of this Agreement in the amount of $
3. Use. City shall be permitted to use the Parking Area for
Exhibit "G"
1
law enforcement purposes for the benefit of the Lessee and the
Public.
4. Construction. Lessee shall, at its sole expense, design
and construct a surface parking lot, ( "Parking Lot ") on the Parking
Area in the following manner:
a. The Parking Lot shall have surface;
b. The Parking Lot shall consist of approximately
parking spaces;
c. Lessee will maintain parking lot in acceptable condition
and be responsible for all necessary repairs.
5. Signage. The City shall, at its sole expense and subject
to the approval of the Lessee, design and install signage that
clearly identifies the Public Use Periods provided for by this
Lease Agreement.
6. Insurance. Lessee shall maintain comprehensive liability
insurance, naming City as an Additional Insured in an amount equal
to at least $600,000.00 per occurrence for the use of the Parking
Area by the City and the Public.
7. Indemnity. The Lessee hereby indemnifies, defends and
saves the City and its employees, agents, insurers and assigns
harmless from and against all claims, actions, costs (including
without limitation reasonable attorneys' fees and costs and
witnesses' fees and costs) or damages of every kind and description
(including without limitation claims for property damage or
personal injury), fees, judgments, expenses, liabilities, liens,
Exhibit "G"
2
and suits, known or unknown, liquidated or unliquidated, which
accrue to or are suffered by any person or property resulting from
acts or omissions of the Public and the City, its employees,
agents, and licensees in connection with the use of the Parking
Area.
8. Term. This Agreement and the rights and covenants
contained herein shall have an indefinite term, ( "Term ") subject to
extensions or termination in accordance with the provisions hereof
and shall be cancelable at the will of either party upon thirty
(30) days written notice from one party to the other.
9. Notices. All notices provided herein shall be in writing
and shall be deemed delivered when personally served or when sent
by first class certified mail, return receipt requested, served or
addressed as follows:
If to the City: City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Attention: Steve Russell
If to the Lessee:
Minnesota Zephyr
c/o David L. Paradeau
8030 Cedar Avenue, Suite 208
Bloomington, MN 55420
or to such other address as either party may designate.
10. Surrender. Subject to the terms of this Agreement, on
termination of this Agreement, the Lessee shall peaceably and
quietly surrender the Parking Area, and shall remove any fixtures
and personal property, ( "Personal Property "), if any, from the
Property. Personal Property not so removed shall be deemed
Exhibit "G"
abandoned by and shall be become the property of the City.
12. Governing Law. This Agreement shall be governed by
Minnesota Law.
MINNESOTA ZEPHYR
By
David L. Paradeau, its CEO
CITY OF STILLWATER
By
Wally Abrahamson, Mayor
By
Mary Lou Johnson, Clerk
Exhibit "G"
4
• P.02
FORM OF PETITION FOR LOCAL IMPROVEMENT
(IF 100% OF OWNERSHIP PETITION)
Stillwater, Miflnesot&
Z(6 , 199Z-
To the City Council of Stillwater, Minnesota:
We, all owners of real property abutting on _ Street,
� p g 41•- r..,..s—
between (i.e, north, south, etc.) line of �- � -�5 1�`�Wiet 'and
the ) line of Street hereby
petition that sum street is Improved by \0'���,_�- t- J'c.; --���
construction of street, sanitary sewer, Storm sewer, watermain, etc. -pursuant
_
to Minnesotan Statutes, Chapter 429.
SIGNATURE OF OWNER
DESCRIPTION OF PROPERTY
. 1C�
Examined, checked and found to be in proper form and to be signed by the
required number of owners of property affected by the making of the
improvement petitioned for,
Date:
City Clerk
•
THE BIRTHPLACE OF MINNESOTA
Steve Russell
Zoning Officer
RE: Berwald House Private Septic System
Penthouse Acres
October 20, 1992
The design for the private septic system for this home was
prepared by Mr. Harry Weaver, (Certificate No. #551) Owner of Earth
Science Company of Forest Lake. Mr. Weaver is highly respected and
knowledgable in theis type of work, and has designed the system
according to WPC 40, which are the State Regulations in force.
•The design has taken into consideration the neighboring wells,
drainfields and structures and I see no problems with the system if
installed as designed.
Thank You
llen 0. Zepp- , :uilding Official
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 -439 -6121
i1Mar
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 14, 1992
SUBJECT: ON -SITE SEWER PERMIT FOR SINGLE FAMILY
RESIDENCE, LOT 7, BLOCK 1, PENTHOUSE ACRES.
CARL BERWALD, APPLICANT. CASE NO. SS/92 -2.
DISCUSSION:
The request is to construct a single family residence on a
just under one acre lot in the Penthouse Acres area north
of Highway 96. No City sewer service is available to the
area now or is planned for construction in the foreseeable
future.
The applicant has provided percolation tests for this
site. The drain tile location and layout has been reviewed
by the Building Official (see attached memo). The proposal
meets City zoning setback requirements.
RECOMMENDATION:
Approval of on -site septic system.
FINDING:
There is no feasible way to provide City services to the
lot at this time.
ATTACHMENT
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121
Application No. S// Z_ — ?/
a ..
APPLICATION TO INSTALL ON SITE SEWAGE TREATMENT SYSTEM
CITY OF STILLWATER, 216 NORTH FOURTH STREET, MINNESOTA 55082
City Code Sec. 29.03, Subdivision 3: Installation of individual sewage
disposal system. No individual sewage disposal system shall be hereafter
constructed without a permit by the City Council."
Application Fee:
Location of proposed system L,ot 7 i3Lc, lT 1
Owner of property h a. - re 4-‘ 5 i 6/
Applicant C,c�u,''',�.r��<<_iC!�
Address j'': /; �X Y / l � t.7„,o ►. Sc, 4;c Phone No. 13,7-00 7 ; —q6'64,77-7
Installer
Use of building .5',x,1
New Installation Alteration [[ Repair n Other [[
The following exhibits are required as part of this application:
Percolation Test: Approved
Soil Boring Report: Approved
Building Plans: Date Received
Disapproved
Disapproved
Site Plan: Site plan shall be drawn to scale showing location of
buildings, lot lines, percolation test, soil borings, proposed location of
system and water well, location of existing systems and wells on adjacent
lots and topography of lot.
Site Plan: Approved Disapproved
Reason for disapproval of submitted exhibits:
Agreement: The undersigned hereby makes application for Permit to Install or
Extend Sewage Treatment System herein specified, agreeing that all such work
shall be done in strict accordance with ordinances and regulations of the
City of Stillwater, Minnesota. Application is for an installation at a
specific location on the site: any deviation from the approved location will
cause the permit to become void. It shall be the responsibility of the
applicant for the permit to notify the Office of the Building Inspection
Department that the installation s ready for inspection before any part of
the system has been covered. Q7" / 3 . — e r e ' In - / — '
Signature of Applicant Date
Reviews: Planner:
Date:
Inspector:
Date:
Council Decision:
Site Suitable: [l Site Unsuitable: Q Additional Tests Required Q
Date:
Conditions or Comments:
21 SEPT. 1992
EARTH SCIENCE
MR. CARL BERWALD
P.O. BOX B
LAKE ELMO, MN. 55042
21965 FINLEY CT. NO.
FOREST LAKE, MN 55025
464 -4902
SUBJECT: SOIL BORINGS - PERCOLATION TESTS - SYSTEM DESIGN
LOCATION: LOT 7 - BLK.1 PENTHOUSE ACRES ADD. STILLWATER, MN.
DEAR MR. BERWALD:
AT YOUR REQUEST SOIL BORINGS AND PERCOLATION TESTS WERE
CONDUCTED ON THE ABOVE DESCRIBED LOT, TO DETERMIN SOILS
PROFILE FOR INSTALLATION OF AN ONSITE WASTE WATER TREATMENT
SYSTEM AND FUTURE SYSTEM EXPANSION OF THIS SYSTEM.
THE SOIL. BORINGS AND PERCOLATION TESTS CONDUCTED, INDICATE A
MODERATLY WELL DRAINED FINE SANDY LOAM AND LOAMY SAND SOIL
PROFILE. NO SEASONAL SATURTION ZONES, IMPERVIOUS LAYERS OF
UNFILTERED SOILS WERE ENCOUNTERED IN THESE TEST BORINGS TO
THE DEPTHS TESTED.
THESE SOILS WOULD BE WELL SUITED FOR TREATMENT SYSTEM
INSTALLATION AND EXPANSION AREA.
ENCLOSED rs TESTING INFORMATION AND SYSTEM DESIGN. THIS
TESTING AND DESIGN SHOULD BE SUBMITTED TO OFFICIALS IN THE
CITY OF STILLWATER, FOR FORMAL REVIEW AND APPROVAL, OR
PERMIT.
SINCE ELY:
l.v
H.WEAVER - MPCA. 551
M A : N
1992
To the Stillwater City Council:
We are `requesting a wine and beer license for our
property located at 114 E. Chestnut St., The
Brunswick Inn. This is pursuant to your previous
approval of this property for use as a Victorian
style restaurant.
Due Y.. to the quality of the restaurant, ,we wish ° to
provide import and specialty beers . but;` they are
unavailable in a '3.2% version so we . are requesting a
strong beer, license in order tomeet.those..needs.
We will, of course, comply with all State and local
ordinance requirements.
Sincerel
Rubber
626 "NORTH 4th STREET;
STILLWATER, MN ■ 55082
';612.430.2653
NATIONAL REGISTER OF HISTORIC PLACES'
„Lit- ���• /
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
PHONE (612) 296 -6434 LIQUOR CONTROL DIVISION
333 SIBLEY • ST. PAUL, MN 55101
III APPLICATION FOR COUNTY OR CITY ON SALE WINE LICE
NOT TO EXCEED 14% OF ALCOHOL BY VOLUME
EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this ap
a partner shall execute this application.
PS-9114 (11-89)
31 1 •
�0 2,3
� V gS
.1
OCT /992 ro
9 ?'
ation.j5artnership,
`4
!�f
,_AppljFants Name (Business. Partnership, Corporation) 47 4 -poila / /..r�,r
1'') / G. ><3 2�/ N 5 ca x K . � d 1�t70
Name or DBA ( ' .
Business Address
/ 14 6 • e 1- -3-?�u a -7'
Business Phone
(Co ()-) 43 0 Q l..s�(
Applicant's Home Phone
64,- ) 43 a - .a8 fs--
City
7 2 .L w �4T C,.2 /%9,4)
County
G() as fbZA t-- o A)
State
,bZ7 �)
Zip Code
4_74_0 81
Is this application (
ew ❑ Renewal ❑ Transfer
If a transfer, give name of former owner To period
From To
0 a corporation, give name. title. address and date of birth of each officer. If a partnership, give name. address and date of birth of each partner.
Partner /Officer Name and Title
Address
'DOB
Partner /Officer Name and Title
Address
DOB
Partner /Officer Name and Title
Address
DOB
ner /Officer Name and Title
Iii
Address
DOB
CORPORATIONS
Date of incorporation
State of incorporation
Certificate number
Is corporation authorized to do business in Minnesota?
Yes • No
If a subsidiary of another corporation. give name and address of parent corporation
BUILDING AND RESTAURANT
Name of building owner
17 1AluC e A-2-7,44 -4- uB3S
Owner's address
Are Property Taxes delinquent?
❑ Yes o
Has the building owner any connection, direct or indirect.
with the applicant? E 'les D No
Restaurant seating capacity
4°
Hours food will be available
6" A /0 /let
No. of people restaurant employs
v
a
No. of months per year restaurant
will be open /d-
Will food service be the principle business
Q'Tes No
Describe the premises to be icensed L.a c-.4-T b _,� Do WN'0 �,j
S,ir A L-(. F'u L L s c'rz V I CE Z AJ iU - Coo r,. „�f zz c7.-/4-t. a Z s7/I �-� 7
11 the restaurant is in conjunction with another business (resort, etc.), describe business
OTHER INFORMATION
1. Have the applicant or associates been granted an on -sale non- intoxicating malt beverage (3.2) and /or a "set-
up" license in conjunction with this wine license? Yes ❑ No RG-613 -6376 3, �. 6 NLj/
2. Is the applicant or any of the associates in t is application a member of the county board. or the city council
which will issue this license? Yes [lo
If yes, in what capacity? . (If the applicant is the spouse of a member of the governing
body, or another family relationship exists, the member shall not vote on this application.)
3. During the past license year has a summons been issued under the liquor civil liability (Dram Shop) (M.S. 340A802).
Yes 1No If yes, attach a copy of the summons.
4. Has the applicant or any of the associates in this application been convicted during the past five years of any violation
of federal, state or local liquor laws in this state or any other state? Q Yes •o If yes, give date and details.
5. Does any person other than the applica ts, have any right, title or interest
in the licensed premises? ❑ Yes R'No If yes, give names and details.
in the furniture, fixtures or equipment
6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota?
eS Q No If yes, give name and address of the establishment.
74 c<>1.% S444u-rrz y ma-Aus Z a 3 e 4,e..- t‹,cA -s-r - STZC4.44)A -7e
cZ--1.O t_ r3 ii Q t:ozN C L2GG�S e
I CERTIFY THAT I HAVE READ THE ABOVE
TO THE BEST OF MY OWN KNOWLEDGE.9
QUESTIONS AND THAT THE ANSWERS ARE TRUE AND CORRECT
9 4 L
S gnaturican ate
9����a.
The Licensee must have one of the following:
CHECK ONE
n A. Liquor Liability Insurance (Dram Shop) — $50,000 per person; $100,000 more than one person; $10,000
property destruction; $50,000 and $100,000 for Toss of means of support. ATTACH "CERTIFICATE OF
INSURANCE" TO THIS FORM.
OR
❑ B. A Surety bond from a surety company with minimum coverages as specified above in A.
OR
El C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having
a market value of $100,000 or $100,000 in cash or securities.
IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY
I certify that to the best of my knowledge the applicants named above are eligible to be licensed. ❑ Yes : ❑ No''
If no, state reason.
Signature County Attorney
County
Date
REPORT BY POLICE
This is to certify that the applicant, and the associates,
five years for any violation of Laws of the State of
Ordinances relating to Intoxicating Liquor, except as
OR SHERIFF'S DEPARTMENT
named herein have not been convicted within the past
Minnesota, Municipal or County.
follows
Police. Sheriff Department Name
Title /
Si. - _ /
RTANT NOTICE
ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL•
STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR
INFORMATION, CALL 612 -290 -3496.
*tate of jinttegota,
41000UNTY
, being duly sworn, on oath say...,,rlithat
VERIFICATION
�u r • Y/
the within na;ned applicant ; ha full knowledge of the business of said applicant
of the location thereof, and of the contents of the within application; and that the statements made in
said application arc true of own knowled
Subscribed and Sworn �tt o 'Before Me this o� /"`�\ day of Cam' • , 19e,
*tate of Illinneota,
County of
MARY LOU JOHNSON
NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY
My Comm. Expires 9. 55-1997
The undersigned, county attorney and sheriff of said county, hereby recommend the within applica-
tion, it appearing to the beat of our knowledge that said applicant has not, within a period of five years
prior to the date of this application, violated any law relating to the sale of non-intoxicating malt liquor
or intoxicating liquor, and that in our judgment the applicant will comply with, the laws and regula-
tions relating to the conduct of said business.
Dated at
*tate of IiiiinneE4ota,
COUNTY OF
•
19
County .attorney.
Sheriff.
TOWN OF
It is hereby Certified that the Town Board of the Town of to
said County and State, by resolution on the • ,:....4.day of:....t.........r...n ' V. 19
did consent to the issuance ofthe license aplied for in the within application.
Dated ' 19 THE TOWN BOARD OF THE TOWN OF
.fittest
Town Clerk.
I/6
By I Chairman_
Note: No County Board shall issue lioenseh for sale ih.tany Sr wii. without the ''consent of the Town Board
of such Town, and no Toum. Board eluilZ Foment o (he tsSitiaitce of any tine without the written rec-
ommendation of the County .attorneyh.h$'t1ze 1Sllltiff `' « 'mss \
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Form No. 235— Applicamm for Retail License to Sell
Non-intoxicating Malt Liquor "ON" Premises. Kr 11 /897
Optate of
COUNTY OF
To the
t.
RETAIL "ON SALE"
•
f •
• • f •
q.
11
of the of
Stite Of Minnesota:
• ,
t> I
r
4.
hereby appc for a. license for the term. of
from the ' clay of CAA, fidAtey , 19 ftei , to sell
e •
At Retail Only, Non-Intdxicating Malt Liquors,
as the sand are qefinecl by law, for consumption "ON;; Moab certain. premises in the d.x-ru
of Z-tr..Z.4..4.-.4,41 4-7a72
described as follows, to-wit
77+0- ,E3g-e.■ 'us tuzcx. L.-- "Aix)
1/4 "6- . 7u i r
Sr W/4--ra-le /99 ,v
OF
AIISIlleSS Records Corp
at which...place said appint operate .5 the business of a 74,././ ze.ry
r 4.5-170.44...ra et7L •
and to that end representl.and stateS.as follows:
That said applicant i a citizen of the United States/ of good moral character
a,ret/ repute; and ha5 attaine.d the age of 21 years; that ifOttre-Xel /4/40646.$7.,Proprietor of the
establishment for which the license will be issued if this application is granted.
That no manufacturer of such non-intaricating malt liquors has any ownership, in. whole or in part,
in. said business of said applicant or any interest therein;
That said applicant malce5...thire application. pursuant and subject to all the laws of the State of
Minnesota and the ordinances and regulations of said
applicable thereto, which are hereby sn,ade a part hereof, and hereby agree...S....to observes and obey the same;
(Here state other requirements. If any. 7i local :mulatto.)
Each applicant further states that by the commencement of business and by July 1 of each succeeding year said
applicant will have paid the Federal Special Occupational Tax to the Bureau of Alcohol, Tobacco and Firearms for a
retail dealer.
Dated.
IA31 1 23g
ck? OCT 1992
u-, -,-
zz, cfrycr inu it .
rr3 snulvA 7E-R78
cc-?-> ,tfiNN.
/
019, 19 444/4.4
Applicant
P. O. skiclrees. 6,2a. 4). 41,4A,
f224J ,san
•
=SEN
CHANGE ORDER
ENGINEERS I ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, Si PAUL, MN 55110 -5108 612 490 -2000 800 325 -2055
CITY OF STILLWATER SEPTEMBER 24, 1992
OWNER
DATE
1
OWNERS PROJECT NO. CHANGE ORDER NO.
STORM SEWER IN THE NO. 4TH ST. AND WEST WILKINS ST. RAVINE 92280
PROJECT DESCRIPTION SEH FILE NO.
The following changes shall be made to the contract documents
Description: See Attached Schedule
Purpose of Change Order:
The City of Stillwater will furnish certain materials to the Contractor, perform certain construction
operations on the contract, with assistance by the Contractor, and; the Contractor shall be paid for
bond expense and mobilization as a separate item to reflect a more accurate unit price for pipe and
appurtenance items.
Basis of Cost: ® Actual ❑ Estimated
Attachments (list supporting documents)
Contract Status
Original Contract
Net Change Prior C.O.'s
Change This C.O. No. 1
Revised Contract
Time Cost
N/A $66,572.20
0.00
Recommended for Approval: SHORT- ELLIOTT- HENDRICKSON, INC. By
- 28,339.00
$38,233.20
Richard E. Moore, P.E.
Agreed to by Contractor: Jay Brothers, Inc. Approved for Owner: City of Stillwater
BY
TITLE
BY
TITLE
Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1
SHORT ELLIOTT
HENDRICKSON INC. ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI
APPLICATION FOR PAYMENT
(UNIT PRICE CONTRACT)
NO. 2
OWNER: CITY OF STILLWATER OWNER'S PROJECT NO. L.I. 283
ENGINEER'S PROJECT NO. 92428.01
LOCATION: STILLWATER, MINNESOTA
CONTRACTOR HYDROCON, INC. CONTRACT DATE
P.O. BOX 129
NORTH BRANCH, MN 55056
August 17, 1992
CONTRACT AMOUNT $73,926.00
CONTR. FOR GLOVES ADDITION - UTILITY AND STREET CONSTRUCTION
APPLIC.DATE
PI0D END.
October 7, 1992
October 1, 1992
APPLICATION. FOR PAYMENT
CONTRACT QUANTITY UNIT
DESCRIPTION UNIT QUANTITY TO DATE PRICE TOTAL
1. MOBILIZATION L.S. 1 1 2,000.00
2. COMMON EXCAVATION (P) C.Y. 2950 2,950 3.05
3. TOPSOIL BORROW (LV) C.Y. 100 9.00
4. TRANSPLANT TREES 4 -6" EACH 5 1 250.00 250.00
5. SUBGRADE PREPARATION RD. 5.4 5.4 200.00 1,080.00
STA.
6. AGGREGATE BASE, CLASS 5 TON 925 706.17 8.50 6,002.45
(100% CRUSHED)
2,000.00
8,997.50
7. TYPE 41 WEARING COURSE TON 230 29.50
TYPE 31 BINDER COURSE TON 230 238.01 28.50 6,783.29
PAGE 1 OF 3 SHORT- ELLIOTT - HENDRICKSON, INC.
APPLICATION FOR PAYMENT - Continued
Total Contract Amount $ 73, 926.00 Total Amount Earned $ 63,558.24
Material Suitably Stored on Site, Not Incorporated into Work $
Contract Change Order No. Percent Complete $
Contract Change Order No. Percent Complete $
Contract Change Order No. Percent Complete $
GROSS AMOUNT DUE $ 63,558.24
LESS 5 % RETAINAGE $ 3,177.91
AMOUNT DUE TO DATE $ 60,380.33
LESS PREVIOUS APPLICATION $ 40,873.66 vs
AMOUNT DUE THIS APPLICATION $ 19,506.67
CONTRACTOR'S AFFIDAVIT
The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay-
ments received from the Owner on account of work performed under the contract referred to above
have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in
connection with work covered by prior Applications for Payment under said contract, and (2) all materi-
als and equipment incorporated in said Project or otherwise listed in or covered by this Application for
Payment are free and clear of all liens, claims, security interests and encumbrances.
Dated October 7 , 19 92 HYDROCON , INC .
COUNTY OF Chisago
STATE OF Minnesota
) SS
B
41404/...I, •
President
(Name and Title)
•
Before me on this Seventh day of October , 19 92 personally appeared
Thomas M. Hals known to me, who being duly sworn, did depose and say
of the Contractor above mentioned; that he '
(Office)
executed the above Application for Payment and Affidavit on behalf of said Contractor; and that all of
the statements contained therein are true, correct and complete.
that he is the
President
CANDYCE L. MALS 1 �� �i
My Con, Enta - MINNESOTA I
� � BOUNTY
i MyCanmKam Ezpres IAR 23.1908 (Notary Public)
+
The undersigned has checked the Contractor's Application for Payment shown above. A part of this
Application is the Contractor's Affidavit stating that all previous payments to him under this Contract
have been applied by him to discharge in full all of his obligations in connection with the work covered
by all prior Applications for Payment.
In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount
Due.
Date 10191q_
Page 3 of 3
By
SH T ELLIOTT HE R KSON, INC.
APPLICATION FOR PAYMENT
(UNIT PRICE CONTRACT)
NO.
OWNER: STILLWATER, MINNESOTA
LOCATION: STILLWATER, MINNESOTA
OWNER'S PROJECT NO. L.I. 257 & 259
ENGINEER'S PROJECT NO. 90019 & 89255
CONTRACTOR TOWER ASPHALT, INC. CONTRACT DATE
P.O. BOX 15001 CONTRACT AMOUNT $132,588.15
LAKELAND, MN 55043
CONTR. FOR NORTH MAIN ST. & LOWELL INN /RIVERTOWN COMMONS PARKING LOTS
APPLIC.DATE
oRIOD END.
DESCRIPTION
APPLICATION FOR PAYMENT
CONTRACT QUANTITY UNIT
UNIT QUANTITY TO DATE PRICE TOTAL
LOWELL INN /RIVERTOWN COMMONS
2.
3.
4.
5.
6.
7.
MOBILIZATION L.S. 1 / 2,500.00 oP -0bz Op
CLEARING TREE 5 5 150.00 750. OD
GRUBBING TREE 5 150.00 7,50.00
REMOVE CONCRETE CURB L.F. 145 175 5.00 7c2„5:00
REMOVE CONCRETE PAVEMENT S.Y. 283 Vl6 5.00 c.O 524OO
REMOVE CONCRETE SIDEWALK S.Y. 51 57 5.00 P5.5.27a
REMOVE BIT. PAVEMENT S.Y. 1267 j.267 1.25 /5-03,75-
REMOVE FENCE L.F. 55 3.00
PAGE 1 OF 5 SHORT- ELLIOTT - HENDRICKSON, INC.
APPLICATION FOR PAYMENT - Continued
Total Contract Amount $ 132,588.15 Total Amount Earned
Material Suitably Stored on Site, Not Incorporated into Work
Contract Change Order No. t Percent Complete LOo c2o
Contract Change Order No. Percent Complete
Contract Change Order No. Percent Complete
CONTRACTOR'S AFFIDAVIT
GROSS AM PUNT DUE
LESS 5 % RETAINAGE
AMOUNT DUE TO DATE
LESS PREVIOUS APPLICATION
$
$
AMOUNT DUE THIS APPL1CATION.....$
The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress pay-
ments received from the Owner on account of work performed under the contract referred to above
have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in
connection with work covered by prior Applications for Payment under said contract, and (2) all materi-
als and equipment incorporated in said Project or otherwise listed in or covered by this Application for
Payment are free an clear of all liens, claims, security interests and encumbrances.
Dated , 19 Tower Asphalt, I
E C.4 r.iffor)
COUNTY OF
STATE OF
Before mq)
that he is the
executed the above
the statements contai
My Commission E
By
(Name and Title)
day of % '! 19 .7personally appeared
known to e, who being duly sworn, did depose and say
of the Contractor above mentioned; that he
(Office)
pifielatiorrforp.gyMbriptftrAirefavit on behalf of said Contractor; and that all of
rein are true, correct:and o ► e let
J .1.9B^f!e9"? : L. .A.NOP,.:: fnhl;•04,JJA{rLd°4Ti.'
( tary Public)
The undersigned has checked the Contractor's Application for Payment shown above. A part of this
Application is the Contractor's Affidavit stating that all previous payments to him under this Contract
have been applied by him to discharge in full all of his obligations in connection with the work covered
by all prior Applications for Payment.
In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount
Due.
Date (0 (4, (.1 --
Page 5 of
S ' (_ TTELLLlOTT/ ELNDRICKSON, INC.
Y
B . �" ,614 ^
�
APPLICATION FOR PAYMENT
(UNIT PRICE CONTRACT)
NO. i
RECEIVED
SHORT ELLIOTT HENDRICKSON, INC.
• OCT 0 9 1992
ST. PAUL
OWNER: STILLWATER, MINNESOTA OWNER'S PROJECT NO. L.I. 257 & 259
ENGINEER'S PROJECT NO. 90019 & 89255
LOCATION: STILLWATER, MINNESOTA
CONTRACTOR TOWER ASPHALT, INC. CONTRACT
P.O. BOX 15001
LAKELAND, MN 55043
DATE
CONTRACT AMOUNT $132,588.15
CONTR. FOR NORTH MAIN ST. & LOWELL INN /RIVERTOWN COMMONS PARKING LOTS
APPLIC.DATE
PERIOD END. Q
•
74/99a-
t.)
DESCRIPTION
APPLICATION FOR PAYMENT
CONTRACT QUANTITY UNIT
UNIT QUANTITY TO DATE D PRICE TOTAL
LOWELL INN /RIVERTOWN COMMONS
1. MOBILIZATION L.S. 1 / 2,500.00 €7 619.00
2. CLEARING TREE 5 5 150.00 7 S 0.o
3. GRUBBING TREE 5 5 150.00 75-0.00
4. REMOVE CONCRETE CURB L.F. 145 /1-15 5.00 7 aS.00
5. REMOVE CONCRETE PAVEMENT S.Y. 283 116 5.00 a,080.Uo
6. REMOVE CONCRETE SIDEWALK S.Y. 51 51 5.00 S'•0,,
7. REMOVE BIT. PAVEMENT S.Y. 1267 /d67 1.25 /,583.75
8. REMOVE FENCE L.F. 55 3.00
•
PAGE 1 OF 5
SHORT - ELLIOTT - HENDRICKSON, INC.
APPLICATION FOR PAYMENT - Continued
D
Total Contract Amount $ 132,588.15 Total Amount Earned $ /1/41/77'Y
Material Suitably Stored on Site, Not Incorporated into Work $
•
Contract Change Order No. / Percent Complete /00 °10 $ SOO. o.
Contract Change Order No. oZ Percent Complete /Odra $ 6 /GY,.o0
Contract Change Order No. 3 Percent Complete ,'oD7J $ /o�o.Oc
GROSS AMOUNT DUE $ f A.67- -41
LESS oZ % RETAINAGE $ / 73, AS—
AMOUNT DUE TO DATE $ A%-`/S77
LESS PREVIOUS APPLICATION $ /4.(,)9/5---53--77
AMOUNT DUE THIS APPLICATION $ /0)56,8". 7R.
The undersigned Contractor hereby swears under penalty of perjury that (1 ) all previous progress pay-
ments received from the Owner on account of work performed under the contract referred to above
have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in
connection with work covered by prior Applications for Payment under said contract, and (2) all materi-
als and equipment incorporated in said Project or otherwise listed in or covered by this Application for
Payment are fre and clear of all liens, claims, security interests and encumbrances.
CONTRACTOR'S AFFIDAVIT
Dated c C' , 19 Tower Asphalt, Inc.
COUNTY OF Gli4S -11 JG TJ4J ) SS
STATE OF )97/A*JJI,E_ o T—A- )
Before met on thin 7 day of w , 19 �ipersonally appeared
tr.„:......... known to me, who being duly sworn, did depose and say
that he is the tom`. of the Contractor above mentioned; that he
By: S--
(N : , e and title)
(Office)
executed the above Application for Payment and Affidavit on behalf of said Coptractor;_and,ttiat aJ f
the statements contained therein are true, correct and complete. v f a
My Commission Expires: 944/5_3
(Ndtary'Piiblic) -
The undersigned has checked the Contractor's Application for Payment shown above. A part of this
Application is the Contractor's Affidavit stating that all previous payments to him under this Contrac.
have been applied by him to discharge in full all of his obligations in connection with the work covered
by all prior Applications for Payment.
In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount
Due.
Date 10 /13/9--
Page 5 of 5
STQRT y_LICF- IHENDRICKSON, INC. •
By 13 �^
•
RESOLUTION NO. 92
CORRECTING L.I. 257 SPECIAL ASSESSMENTS PURSUANT TO DISTRICT COURT ORDER
FOR NEW STILLWATER PROJECT AND DOCK CAFE
(PID #'S 10692 -300, 10692- 3050, 10692 -3100, 10692 -3320 AND 10692 -3200)
Whereas, the City of Stillwater has previously adopted and levied the special
assessments for L.I. 257 the Downtown Project; and
Whereas, the property owner filed an objection to the assessments for L.I. 257;
and
Whereas, the Washington County District Court has issued Findings of Fact,
Conclusions of Law and Order for the special assessment appeal on the above -
mentioned parcels; and
Whereas, the City Council is correcting the special assessments pursuant to the
court order.
Now, Therefore, Be It Resolved, by the City Council of the City of Stillwater,
that the following parcels and dollar amounts shall constitute the correction
of assessments in accordance with the law as ordered.
Corrected Refund Due
PID # & Owner 12/31/92 Balance
10692 -3000. $11,760
New Stillwater Project
10692 -3050 $ 1,344
New Stillwater Project
10692 -3100 $ 1,344
New Stillwater Project
10692 -3220 $ 2,352
New Stillwater Project
10692 -3200 $ 5,600
Dock Cafe
Adopted by Council this 20th day of October 1992.
Attest:
for Payable 1992
$3,232.52
$ 411.41
$ 411.41
$ 814.69
$2,415.57
city clerk
Mayor
RESOLUTION NO. 92-
RESOLUTION ADOPTING ASSRSSMENT FOR L.I. 287
SIDEWALK IMPROVEMENTS
WHEREAS, pursuant to an agreement with the affected property owner and proper
notice duly given as required by law, the council has met, heard and passed upon
all objections to the proposed assessment for sidewalk repair.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of five (5) years, the first of the installments to be
payable on or before the first Monday in January 1993 and shall bear
interest at the rate of 8 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1993. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the whole
assessment on such property, with interest accrued to the date of payment,
to the city treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this
resolution; and he may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged through
December 31, of the next succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the county auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the council this 20th day of October 1992.
Attest:
City Clerk
Mayor
Name
John H. Miller
703 West Linden Street
Stillwater, MN 55082
Patrick and Pamela Pudlik
423 North Third Street
Stillwater, MN 55082
Rahul & Diane Mehra
901 West Pine Street
Stillwater, MN 55082
Maurice Dunn
214 Elm Street
Stillwater, MN 55082
Ed and Colleen Venske
317 Laurel Street
Stillwater, MN 55082
David and Diane Ness
407 West Laurel Street
Stillwater, MN 55082
Steve Brink
213 West Elm Street
Stillwater, MN 55082
SIDEWALK REPAIR
LOCAL IMPROVEMENT NO. 287
DUE TO FUND #100
PID #
11080 -8120
Lot 1 & 2, Blk 19
Sabin's Addition
Amount
728.00
10690 -4250 $ 1,844.00
Lots 4, 5, & 6, Blk 11
Original Town
9790 -4450 $ 1,450.00
Lots 3, 5, & 7
Gray & Slaughters Addition
11155 -4650 $ 1,840.00
Lots 5 & 6, Blk 8
Staples & Mays Addition
11080 -4790 $ 1,200.00
Lot 3, Blk 5
Sabin's Addition
11080 -4970 $ 1,480.00
Lot 10, Blk 5
Sabin's Addition
11155 -4900 $ 2,800.00
West 72 ft of Lots
2 & 3, Staples & Mays
Addition
Total $11,342.00
RESOLUTION NO. 92-
RESOLUTION ADOPTING ASSESSMENT FOR L.I. 288
STREET OVERLAY
WHEREAS, pursuant to an agreement with the affected property owner and proper
notice duly given as required by law, the council has met, heard and passed upon
all objections to the proposed assessment for Street Overlay.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER., MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of five (5) years, the first of the installments to be
payable on or before the first Monday in January 1993 and shall bear
interest at the rate of 8 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1993. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the whole
assessment on such property, with interest accrued to the date of payment,
to the city treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this
resolution; and he may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged through
December 31, of the next succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the county auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the council this 20th day of October 1992.
Attest:
City Clerk
Mayor
Name
LOCAL IMPROVEMENT NO. 288
STREET OVERLAY
DUE TO FUND #100
PID # Amount
Clyde Jorgenson 10690 -2350 $1,300.00
210 West Laurel Street Blk 2, Original Town
Stillwater, MN 55082
•
RESOLUTION NO. 92-
ADOPTING DELINQUENT WATER AND SEWER
LOCAL IMPROVEMENT NO. 001
Whereas, it is the policy of the City of Stillwater to certify to the County the
delinquent sewer and garbage charges.
Now, Therefore, Be It Resolved, by the City Council of the City of Stillwater
that the following list constitutes the delinquent sewer and garbage charges and
is hereby levied as an assessment against those parcels and the total is
$205,654.49.
Adopted by Council this 20th day of October 1992.
Attest:
clerk
Mayor
/015
ACTIVITY
CODE PROPERTY NUMBER ASSESSMENT AMT
A 9270 -6600 58.90 c
A 9270 -7720 235.58
A 9021 -0050 235.58
9021 -0900 235.58
A 985Q -972Q
' A ' 9032 -2050
58,90
235.58
A
9032 -2010 471.16
' A 10691 -3020 471.16
A 10692 -3350 235.58
A 10692- 5300
.1354.80 '
: A : 10691 -5510 117.80
A
9341 -2015 187.74
A 9334 -2800 235.58
A
A 9359 -2250 58.90 °
A 9360 -2100 176.68
A ' 9357 -2000 58.90
A ' 11080 -5090 360.82
ACT1"ITY
CO %E FROFERTY NUMBER ASSESSMENT AMT
5-1/
g , 954. Y171
1,
RESOLUTION 92-
ADOPTING DELINQUENT COMMERCIAL GARBAGE CHARM
LOCAL IMPROVEMENT NO. 002
Whereas, the City of Stillwater has an agreement with Junker Sanitation, Inc.,
to certify delinquent commercial garbage charges.
Now, Therefore, Be It Resolved, by the City Council of the City of Stillwater
that the following list constitutes the delinquent garbage charges due to Junker
Sanitation, Inc., and is hereby levied as an assessment against those parcels
and the total is $10,338.50.
Adopted by Council this 20th day of October 1992.
Attest:
city clerk
Mayor
CERTIFICATION OF ASSESSMENTS TO WASHINGTON COUNTY AUDITOR'S OFFICE BY CITY OF STILLWATER
DATE SUBMITTED October 10, 1992
INDICATE ONE OF THE FOLLOWING AS AN ACTIVITY CODE: (A) ADD (8) DELETE
PROJECT NUMBER 8______�) �,2 PROJECT DESCRIPTION
DELINQUENT GARBAGE
START YR 1993 YEARS COVERED 1 EXTRA MOS 0 EXTRA DAYS 0 INTEREST RATE 0
ACTIVITY ACTIVITY
CODE PROPERTY NUMBER ASSESSMENT AMT CODE PROPERTY NUMBER ASSESSMENT AMT
A 9028 - 2400 . 1532.74
A
10693 -4150 1206.16
A
9340 -3350 5214.26 •
A
10691 -3540 2157.78
10691 -5090 227.56
t�)c1. �a R
0 -
0
1,53 •74+
1,'21 16+
�,15'7•'fzh
( •
1 )�.�
RESOLUTION NO. 92-
RESOLUTION ADOPTING ASSESSMENT FOR L.I. 011
DISEASED TREE REMOVAL
WHEREAS, pursuant to an agreement with the affected property owner and proper
notice duly given as required by law, the council has met, heard and passed upon
all objections to the proposed assessment for Diseased Tree Removal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of five (5) years, the first of the installments to be
payable on or before the first Monday in January 1993 and shall bear
interest at the rate of 8 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1993. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the whole
assessment on such property, with interest accrued to the date of payment,
to the city treasurer, except that no interest shall be charged if the
entire assessment is paid within thirty (30) days from the adoption of this
resolution; and he may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment
must be made before November 15, or interest will be charged through
December 31, of the next succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment
to the county auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the council this 20th day of October 1992.
Attest:
City Clerk
Mayor
Name
LOCAL IMPROVEMENT NO. 011
DISEASED TREE REMOVAL
DUE TO FUND #250
PID # Amount
Elmer and Dorothy Foster 9895 -3750
805 West Abbot Street Lots 1, 3, 10, 11 &
Stillwater, MN 55082 12, Blk 6
Holcombe's Addition
$ 950.00
•
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 92 -213
Abrahamson Nurseries
Action Rental
Amdahl Locksmith
Arrow Building Center
A T & T
Bailey, Charles
Beberg, Byrdie
Browning - Ferris Industries
Bryan Rock Products
Catco Company
Cemstone Products
Central St. Croix Valley Cable
Del's Stillwater Outdoor Equip.
Ecolab Pest Control
Gopher State One -Call
Hydrocon, Inc.
Jacobson, Cynthia
Jordan, Len
Junker Sanitation Service
K - Mart
Labelawn Turf
Lace Company
Larry's Floor Covering
Magnuson, David
Maredy Corporation
M W C C
Miller Excavating
Miller, Leo
Northern Dewatering
North Star Concrete
Oak Park Heights, City
Office Electronics, Inc.
One Hour Express Photo
Polfus Implement
Ruffridge Johnson Equipment
Short Elliott Hendrickson
Skillpath, Inc.
State of Minnesota
Stillwater Area C of C
Stillwater Book & Stationery
T. A. Schifsky & Sons
Techniflow Corporation
Tower Asphalt
Tower Asphalt
Trio Supply Company
Twin City Testing
Uniforms Unlimited
U. S. West Communications
Van Office Products
Wybrite, Inc.
Zee Medical Service
Shrubs
Cement /Scrubber
Alarm /Rekey Lock
Lumber /Cement
Lease /Rentals
Sidewalk
Typing
Portable Rentals
Rock
Repair Plow
Concrete
Cablecast 2 Meetings
Saw
Pest Control
Locate Requests
Payment No. 2
Mileage
Straw -28 Bails
Garbage Bags Sold
DARE Supplies /Film
Sod
Supplies
Floor Covering -Arena
Legal Service
Candy Suckers
Sewer Service Charge
Rock /Aiple Lift
Expenses
By -Pass at Aiple Lift
Catch Basin
Recycling Grant
Computer Paper
Film Processing
Fuel Pump- Tractor
Rakes for Blacktopping
Engineering
Seminar- Beberg, Bell
1992 Mn. Session Laws
Deposit Refund
Office Supplies
Asphalt
Televise Sewer- Sunnyside
Ramp at Sunnyside -Aiple
Payment No. 3 and 4
Tissue /Dispensers
Soil Compaction Tests
Uniforms
Telephone Service
Paper Towels
Mte. Contract
First Aid Supplies
236.15
190.64
337.00
295.59
151.60
1,200.00
255.00
193.04
492.37
157.63
460.14
106.52
903.12
218.33
85.00
19,506.67
28.00
56.00
518.75
112.52
79.87
890.16
688.45
4,839.00
108.00
76,799.00
975.75
87.02
16,275.00
488.04
14 679.00
930.28
51.67
71.37
70.30
6,953.79
198.00
31.95
300.00
52.64
2,038.14
580.00
1,053.02
57,392.47
199.58
994.00
1,691.06
432.04
110.76
84.00
137.18
ADDENDUM TO BILLS
Bailey, Charles
Bell, Timothy
Clerk of District Court
Courier, The
Haynes, Sharon
Jonk Masonry, Inc.
League Mn. Cities Insurance
Northern States Power
Schrade, Leonard
State of Minnesota
Stevensen, James
Stillwater Landscaping
Stillwater Motor Company
U. S. West Communications
Oakdale Inspection Service
Sidewalks
ExpensesConference
Simms Deposit
Publications
Refund -Park Permit
Sidewalk
Insurance Premium
Energy Charge
Expenses- Conference
1992 Session Laws
Expenses - Conference
Sod /Seeding
Turn Signal Springs
Telephone
Building Inspections
Adopted by the Council this 20th day of October, 1992.
APPROVED FOR PAYMENT
4,480.00 •
15.99
60,000.00
85.50
15.00
1,587.00
39,351.00
8,268.44
36.84
31.95
488.34
2,800.00
4.05
315.97
650.00
CONTRACTORS APPLICATIONS
October 20, 1992
Oakwood Construction General Contractor New
696 No. Bay Road
Somerset, Wi 54025
•
LG22o
(R
FOR BOARD USE ONLY
Minnesota Lawful Gambling
""�°' Application for Exemption from
Lawful Gambling License
Fill in the unshaded portions of this application for exemption and send it in at feast 45 days before your gambling activity for processing.
FEE CHK
INIT DATE
Organization Name
St. Michael's Council of Catholic Women
Street ghuech of St4 Michael City
213 E. Willard St., Stillwater
Chief executive officer Phone
Current/previous license number
Current/previous exempt number
Pat Rossini Michael ( 612)
State
MN
Treasurer
439-4400
Zip code
55082
Sue Miller
County
Washington
Phone
( 612) 439 -4400'
LIX
Check the box below which indicates your type of organization
❑ Fraternal la Religious ❑ Veterans ❑ Other non - profit
Attach proof of nonprofit status which shows
that your organization is nonprofit
❑ IRS designation on f ile from previous
❑ Certification of good standing from the Minnesota events
Secretary of State's office
❑ Affiliate of parent nonprofit organization (charter
-. - -.. _._ ......... ..................,...,:::::::. _::::::::::::::::::::::.:: i:`. '::;::;.;;;::tY:;::;3::::ik }:;a {;:;:::;:::::::::i }::;: Y::;:;:: i:::;::; c;:;?:?;<:;:.:;;: riri::; t:<::::; c:::: f;%::;;:: r:`:::::::; �; r.:;:;:;:;:;:;;`.;:•`.::::::}:::::;: i :;::;:;::::::::;:: >:; >;:;i;S:;;
Name of site where activity will take place $ t . Croix Catholic School & Parish Center
621 S. Third Street and 218 R. Willard St.
Street City Township
November 14, 1992
Date(s) of activity
Stillwater 55082
State Zip code
MN
Washington
County
Bingo
Raffles
Paddlewheels
Tipboards
Pull -tabs
............................ .
ttr<iti�i��iri9 ?aatie
I declare all information submitted to the
Gambling Control Division is true, accurate,
and complete.
Chief executive officer's signature Date
I have received a copy of this application. This application will be reviewed by the Gambling Control Division and will become effective 30 days
from the date of receipt by the city or county, unless the local government passes a resolution to specifically prohib't the activity. A copy of that
resolution must be received by the Gambling Control Division within 30 days of the date filled in below. Cities of the first class have 60 days in
which to disallow the activity.
City or County
City or county name
Stillwater, IV
Si nature of perso, receiving application
itle
City Clerk
Township
Township name
Date received
10 -14 -92
Signature of person receiving application
Title
Date received
whits – Board
Pink - -Organization
Yellow –Board returns to Organization to
compete shaded areas
Gold — City or County
Mail with $25 permit fee and copy of proof of nonprofit status to:
Department of Gaming - Gambling Control Division
Rosewood Plaza South, 3rd Floor
1711 W. County Road B
Roseville. MN 55113
DAVID T. MAGNUSON
ATTORNEY AT LAW
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082
TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439-5641
October 16, 1992
Mayor and City Council
Nile Kriesel, City Coordinator
Diane Deblon, Finance Director
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
RE: Arnie Webster Trust
Harold Johnson, President of the Firstar Trust Company of
Minnesota, successor in interest to the First National Bank of
Stillwater as trustee under the will of Amie Webster, is concerned
that if action is not taken to preserve the trust created by the
will for the benefit of the City's library, the rule against
perpetuities might well require that in the year 1999 the amounts
in trust be paid over to the heirs of Amie Webster.
A suggestion has been made by the trust company and agreed to by
the church that the church would continue to hold these funds in
trust according to the terms and conditions set forth in the will
of Amie Webster and this way, the City would be assured of having
income from this $10,000 for as long as they maintain a public
library in the City.
We had talked earlier about paying the funds over directly to the
City on the condition that we continue to hold them in trust, but
the wardens and vestrymen of Ascension Church felt more comfortable
with the current proposal and it does seem to me more reasonable
since these funds would revert to the church if we fail to maintain
a library.
If anybody wants a further explanation of this, I would be glad to
talk to them.
DTM /sls
Yours very truly,
GOA''t
David T. Magn
RESOLUTION NO.
A RESOLUTION APPROVING THE TRANSFER OF
CERTAIN TRUST FUNDS
WHEREAS, the City is the beneficiary of a certain trust
established under the will of Amie Webster, the will dated the llth
day of December, 1936; and,
WHEREAS, the provisions of this trust provide that $10,000
should be held by the First National Bank of Stillwater in a fund
to be known as the McCluer- Webster Library Fund, to be invested and
reinvested in order that income therefrom be paid to the City of
Stillwater to be paid out and expended by the City only for the
purchase of books, magazines and periodicals for the public
library; and,
WHEREAS, the trust also provides that the trust shall
terminate at such time as the City shall fail to maintain a public
library in the City, and then at such time the principal and
accumulated interest in the fund shall at once revert and be paid
over to the Ascension Church Memorial Fund of the Ascension Church
of Stillwater; and,
WHEREAS, the Firstar Trust Company N.A., as successor in
interest to the First National Bank of Stillwater, has proposed
that the corpus of the McCluer - Webster Library Fund Trust, as
created by the last will of Amie Webster, be paid over to the
Ascension Church of Stillwater to be held in their Ascension Church
Memorial Fund subject to the conditions of trust imposed on these
funds by the will of Amie Webster and that the Ascension Church
continue to pay over such income from the trust to the City as
often as convenient and at least once in each year; and,
WHEREAS, the Ascension Church of Stillwater has agreed to hold
and administer this trust according to the terms and conditions of
the trust.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the City of Stillwater does hereby consent and approve of
the transfer of the principal sum of the McCluer- Webster Library
Fund currently held in trust by the Firstar Trust Company of
Stillwater as successor in interest of the First National Bank of
Stillwater on the condition that the Ascension Church of Stillwater
continue to observe the conditions of trust imposed upon the
McCluer- Webster Library Fund by the will of Amie Webster and that
if the City shall fail to maintain a public library in the City,
the trust created by the last will of Amie Webster shall terminate
and the principal of the trust fund provided for by the will and
all accumulated income therefrom shall at once revert to become
part of the Ascension Church Memorial Fund as created by the last
will of Amie Webster in all respects as though originally made a
part of the fund all as administered by the Ascension Church of
Stillwater and the Wardens and Vestrymen of the church as the may
from time to time determine most beneficial to the church and its
properties.
Enacted by the City Council of the City of Stillwater this
day of October, 1992.
ATTEST:
Mary Lou Johnson, Clerk
•
Wally Abrahamson, Mayor
DAVID T. MAGNUSON
ATTORNEY AT LAW
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 STILLWATER, MN 55082
TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641
MEMORANDUM
TO: Mayor and Council, City Coordinator, City Finance Director
FROM: David T. Magnuson, City Attorney
DATE: October 16, 1992
RE: Status of Pending Assessment Appeals
BRICK ALLEY COMMANDER ELEVATOR SITE
After a trial, Judge Maas of the District Court, ordered that the
assessment for the Brick Alley Commander site be reduced from
$47,067.01 to $18,000.00.
DOCK CAFE
The Dock Cafe trial was heard at the same time as the Brick Alley
trial, and the judge ordered that the assessment of $20,910.03 be
reduced to the sum of $6,000.00. In both of these cases, Judge
Maas said, "After reviewing the credible testimony of each party's
appraisers, this court has adopted the opinions of the expert who
testified on behalf of the petitioners." [Land Owners]
STILLWATER YACHT CLUB
The trial regarding the Yacht Club's assessments of $100,000.00 has
been completed and Judge Maas has the matter under advisement. He
has asked for briefs from both parties, and I do not expect a
decision from him until December. The assessment that we are
attempting to sustain on that site is $100,000.00 and the property
owner's appraiser said that the value has increased not more than
$6,000.00. I will keep you advised.
FRED BRASS APPEAL
On the 9th of October, we appeared before Judge Doyscher and Brass
asked that our settlement be reduced to $6,574.80 based upon his
argument that a $3,000.00 reduction should be taken from $9,574.80
rather than $11,881.05. Judge Doyscher has this under advisement,
however, and I would expect a decision within 30 days. I'll keep
you informed of any happenings on these cases.
DTM /sls
TAFF REQUEST ITEM
•PARTMENT 41/4 MEETING DATE
DESCRIPTION OF REQUEST (Briefly outline what the request is)
cq,ss cam-,
IFIVW t c'
FINANCIAL IMPACT (Briefly outline the costs, if any, that .are
associated with this request and the proposed source of the funds
needed to fund the request)
ADDITIONAL INFORMATION ATTACHED YES ___ NO __
ALL COUNCIL REQUES
MINIMUM OF FIVE
COUNCIL MEETING
SUBMITTED BY
.MS MUST
ING DA
RDER TO
BE SUBMITTED TO THE CITY CLERK A
OR TO THE NEXT REGULARLY SCHEDULED
D IN THE COUNCIL MATERI L PACKET.
DATE
CITY OF STILLWATER
NOTICE OF PUBLIC ACCURACY TEST
The City of Stillwater will test electronic voting machines to be used for the
vote tabulation in the General Election to be held on November 3, 1992.
The test will be held on Thursday, October 29, 1992, at 2:00 P.M. in the
Stillwater City Hall Council Chambers, 216 No. Fourth St., Stillwater,
Minnesota.
The public is invited to attend.
Publish: October 22,1992
Mr. Nile L. Kriesel
Stillwater City Hall
210 North 4th Street
Stillwater, MN 55082
e "Crown Jewel' of American Inns
October `11; 1992
RE: MS469.190 Lodging Tax Legislative Exemption
Dear Mr.
Kriesel
y appreciation City
Please extend m a reciation to the C�.t• Council for "the support
offered to the Lowell Trr_ at the October 6th 1992 `council meeting
regarding the Lowell Inn's effort to seek a specific,yexclusive,
legislative exemption .from MS469.190.
A letter from the Council will,
indeed, be helpful and should,
(i) verify receipt and review of the detailed case put
forward by the Lowell Inn
(ii) confirm the extenuating circumstances which are
peculiar to the nature, cost and resulting.
assessments for the extensive infrastructure
improvements recently completed' for the downtown
commercial district of Stillwater wherein'. Lowell
Inn, Inc. is the sole, transient, lodging operator,
(iii) concur with the justifications "of need for the
Lowell Inn' operating company to be" exempted .;from
Minnesota Statute 469.190, and
(iv) acknowledge that . an equity-issue exists which can
most effectively be resolved, from the standpoints
r -. Y?ni -h f-l?n 01.1-3r1. c ithl i_r i htare4 -4- ;:=1-0 t- '+c
Inn,'s private interest by a specific, ,exclusive
statutory .exemption from 1•MS469.190: for . this purpose.
Senator Laidig's office recommends this le,tex=.be addressed to
his office, 141 State Office Building, St. Paul 55155 ,;along with a
copy of . the Stillwater City Council resolution of ' support for the
legislation being requested by the Lowell Inn..,.1Please ;forward
these documents to at the Lowell Inn as soon as possible.
1-0A-
Sincere
Faui l
CITYOC2.LI2 -5
r hur, V. Palmer :`
Innkeeping Since1930
102 North Second Street • Stillwater, Minnesota 55082
Tel 612- 439 -1100 • ' ; Bus. Off: 612- 439 -1102 Fax 61243'974686
Arthur V. Palmer
Mr. Gary J.` Fun ke
1605 West Pine Street
Stillwater, MN 55082
Breakfast Ordinance Amendments
Dear Gary,
Thant. fcv" the �;ir.r�nrf- =n„
..i.� - •- a -. r.- •t»r7ac1 .a'1- ' }hn Gth
City Council meeting regarding our interest in seeking a specific,
exclusive, legislative exemption to the local-option, lodging tax.
Only recently did I discover (the week prior to 10/6) that City
staff and the Planning Commission were well along in a process for
reviewing amendments to bed and breakfast ordinance ("Subdivision
25(f) ")...a matter obviously of considerable interest to the
management of the Lowell Inn. As a result, I -asked Steve Russell,
" why the oldest lodging operation in the City was excluded," and
"is it possible to appoint me to the committee you set up ? ";
Up to now, the process has prevented me from giving input about
the proposed amendments which appear, in my judgement, to provide
features and modest restrictions more convenient to existing B &B
operators than may be practical and useful to the overall public
interest in transient lodging which, the Council knows well, now
bridges both the commercial and residental areas of our City.
Since this matter has already gathered momentum, I prepared
written comments. `w These are attached and are intended for your
personal benefit -- assuming, of course, there may be some value to
the observations and thoughts offered by a person with more
transient lodging experience in the City than all others combined.
Aft9_r r. i C f
.m.....a,+.�v.d r,, ..r......y a
the first reading. I' concluded that it may be time for the council
to consider an "omnibus" ordinance, to cover and control all
public, commercial, transient lodging ("Lodging") operations in
the City. We are all doing the same thing and therefore should be
on the same 'plane "as far as public interest matters are concerned
The Council can then devise a solidly ordered and clearly stated
set of priorities to be used as guidelines by the City staff and
Planning Commission. At the same time, the Council may also call for a =more broadly represented "Lodging" advisory
committee as a resource for addressing the comprehensive issues present as a result of the substantial increase'in Lodging
rooms and establishments occurring in the City . .sincetSubdivision
25(f) was adopted and which surround the need for such priorities.
rt
Page -2-
Of such a set of priorities, I believe, and strongly suggest to
you, life-safety to be the most important. This is because of the
"inherent danger" to people sleeping in old, dry houses, 'over-
stuffed with highly flammable wood and cloth antiques. I hope
there would be a consensus among present as well as future Council
members that no amount of historic preservation is worth the
potential, though very real, risks to guests, adjoining private
residences and the City finances that conventional bed and break-
fast houses represent. It must be emphasized that such are houses
and not fire-resistive -buildings constructed solely for Lodging.
The escalation of risk to visitors, adjoining houses, neighbor-
hoods and City treasury from each additional commercial conversion
should be recognized for what it is and abated soon as possible.
Consequently, I would expect that in its wise vet oraamatic, ways
the Council may conclude -that it is indeed a good time to adopt a
simple set of planning and ordinance-directed priorities for all
full and limited-service City Lodging operations (hotel, motels,
inns and B&Bs) such as; (i) life-safety, (ii) economic balance,
(iii) environmental integrity, and (iv) historic preservation
(i.e. , - "adaptive reuse") .
These priorities could then be the common-sense basis for the
instructions the Council might choose to issue to its planning
staff in ordering a major overhaul of Subdivision 25 (f) rather
than the modest, limited-scope amendments proposed. The attached
comments are intended to simply augment your awareness by my
sharing certain aspects and factual ramifications of the Lodging
business. In so doing, I felt bound to also cover ideas and
concepts relative to the development, application and enforcement
of a new, "omnibus" Lodging ordinance for our City.
If needed, I have a list of detailed additions, changes and
deletions for such a new Lodging ordinance. The list will provoke
the necessary thought (and controversy) which would encourage and
even enable development of a first-class model for a major
overhaul of Subdivision 25 (f) . Given the appropriate opportunity,
I will submit these items to your planning staff's advisory
committee when, and if, it meets again. However, such a
submission would likely meet with considerable resistance from
your planning staff unless the Council authorizes both a reordered
direction and expanded horizon for a new "Lodging Ordinance"
rather than merely amending the current bed and breakfast
ordinance. Just remember. . .you heard it here first!
If you have questions relative to any aspect of the ideas offered,
please do not hesitate to call me anytime although Maureen and I
will be out of town for three weeks starting Friday, October 23rd.
Your priva - Lodging "committee of one, "
40,
Enclosures: "COMMENTS TO PROPOSED B&B ORDINANCE AMENDMENTS
CITYOC2 .LI1-119
COMMENTS TO PROPOSED B &B ORDINANCE AMENDMENTS
The discussions pertaining to the first reading of amendments
to the current City of Stillwater ( "City ") bed and breakfast ordinance
( "Subdivision 25(f) ") at the Stillwater City Council meeting on October
6th 1992 have prompted me to prepare and offer to you specific thoughts
and comments relative to the serious need to rethink the purpose of a
lodging ordinance based upon verities affecting the immediate as well as
long -term public interests of our community.
These comments are sent to you personally, rather than through
City channels, with the expectation that this may be a good time to stim-
ulate an awareness on your part about potential financial and growing le-
gal risks facing the City about which the City Council, staff and Plan-
ning Commission may not yet be fully aware.
The proposed amendments, though still restrictive, seem to fo-
cus upon issues less relevant for the least important of reasons. Rather
than spot amendments, would the Council consider ordering a thorough re-
thinking and overhaul as to purpose and broadening of both coverage and
effectiveness of Subdivision 25(f)?
With no disrespect to the Galena, Illinois ordinance intended,
the Council may be well advised to be cautious about "bandaiding." In-
stead, a reasonable rethinking of this ordinance could easily result in
an effective means to assist the present or any future Planning Commis-
sion, staff and building /fire departments to better manage all public,
commercial, transient lodging ( "Lodging ") risks by seizing this opportu-
nity to put forth a model ordinance based upon a broad range of public
interest verities.
If the gravity of these matters is known and appreciated by the
Council, a formal filing of these comments may be helpful. In the event
such matters are not taken into account, an omission might be used (in
case of a catastrophic event) to point, in a legal proceedings, to the
City's responsibility to foresee and prevent. It would be unfortunate if
it were ever claimed or established that higher levels of City culpabili-
ty were involved through negligence...particularly if and when such al-
leged negligence were a result of Lodging ordinance inadequacies or the
faulty application or lack of enforcement-.
A reordering of priorities pertaining to the purposes of a
Lodging ordinance might also reveal that several key considerations af-
fecting the City of Stillwater may be missing from consideration. Conse-
quently, the first topic of comment concerns a suggested reordering of
City lodging ordinance priorities (from what appears to be primarily,
even solely, the importance of preserving and restoring historic, City
homes) according to the following, suggested levels of importance:
1. LIFE SAFETY
2. ECONOMIC BALANCE
3. ENVIRONMENTAL INTEGRITY
4. HISTORIC HOME PRESERVATION /ADAPTIVE REUSE
CITYORD.DOC
CITYORD.DOC -2- October 13, 199
• "J
The second topic relates to the advisability of placing a mora-
torium upon further development while the Council considers the means for
making a more comprehensive series of additions, changes and deletions to
Subdivision 25(f) than those offered to date. The purpose would be to
create an omnibus Lodging ordinance. This approach could then cover all
existing and to-be-developed transient Lodging establishments (i.e., full
and limited service hotels, inns, motels or bed and breakfast homes) ac-
cording to three, City locations (i.e., downtown commercial, other
commercial areas and residential) as well as their types and methods of
operation.
A third subject pertains to the Council's possible consensus
that ultimate Council authority--in respect to any aspect, matter or
property covered by a Lodging ordinance--shall not be delegated to any
department, staff or advisory commission of the City. Moreover, any un-
warranted delegation of. Council authority might be considered in the le-
gal arena (especially in the worst of circumstances) to be an attempt to
avoid the Council's life-safety responsibility--even tacit legal liabili-
ty--a municipality inherits as a result of condoning Lodging activity.
The Mayor is already alert to even a minor suggestion that the Heritage
Preservation Commission might interfere in what should be a straight-line
relationship.
By keeping itself thoroughly informed, the Council will have a
better opportunity to assure the public that life-safety considerations
are not compromised or made worse by an excessive combining of public oc-
cupancy of a large number of small (under five rooms), bed-and-breakfast
homes located with adjacent, private, single-family or multi-family resi-
dences in areas zoned residential. This implicit responsibility might
become the driving force behind the City being a designated accountable
and party to law suits by parties (or heirs) experiencing injury or loss
of life and property as a result of a catastrophic fire occurring to re-
habilitated homes which charge for Lodging and/or adjacent private resi-
dences.
The objective of a properly designed ordinance should be;
first, to thoroughly define requirements which reduce to a bare minimum
the inherent life-safety risks which may abound and therefore contribute
to a catastrophic loss; and second, to provide a sound and explicit basis
from which most assumptions have been gleaned and omitted in order to
provide reasonable assurances to the public, citizens of Stillwater and
affected government agencies that minimum development and operating stan-
dards, as well as enforcement procedures, will eliminate the possibility
of actual or perceived negligence on the part of the City attributed to
causal factors from inadequate Lodging ordinance development, operating
and enforcement requirements.
All of the foregoing can be accomplished by a proper emphasis
on life-safety and Council assurance to the public that an active partic-
ipation in the ordinance development and enforcement processes by City
fire and building inspection departments will not be subverted within the
planning process.
302 Darrell Court
Stillwater Mn. 55082
Mayor W. Abrahamson
City of Stillwater
Stillwater Mn. 55082
Dear Mayor Abrahamson:
439 -1994
A few weeks ago Judy. Gulden called and asked me if I would like to work
with some members of the Parks and Recreation Committee. She felt I might
have some ideas which could be shared.
I spent the first 38 years of my life in London, England and grew very used
to availability of London's beautiful parks. I think that because England is
such a small country,with 60 million people in it, people there are aware of
their precious green space and the importance of plants and flowers in raising
the quality of their lives. I am also aware that maintenance of parks and
recreation areas is very costly. I am very much aware that our political
activity this year has had an enormous impact on our own garden, it is looking
so sad from lack of attention.
Jack and I use the parks in Stillwater very frequently and enjoy the views and
the walks that we take daily in them. We are aware that the public can damage
them through carelessness and that they need protecting. If it is felt by
you and members of the Parks Committee that we can be of some assistance to
the City we would be pleased to offer our services.
Yours sincerel
Patricia K. Gill
1L-
and Jack Gill
October 7, 1992
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
Nile Kriesel, City Coordinator
CITY OF STILLWATER
216 North Fourth Street
Stillwater, MN 55082
Lavonne Wilson, Administrator
CITY OF OAK PARK HEIGHTS
14168 - South 57th Street
Oak Park Heights, MN 55082
Kenneth Hartung, Administrator
CITY OF BAYPORT
294 Third Street North
Bayport, MN 55003
1917 South Greeley Street
Stillwater, MN 55082 -6012
(612) 439-8803
Pat Bantli, Clerk
STILLWATER TOWNSHIP
Post Office Box 117
Stillwater, MN 55082
Patricia St. Claire, Clerk
BAYTOWN TOWNSHIP
14949 - 30th Street North
Stillwater, MN 55082
Mark Dayton, Auditor
STATE OF MINNESOTA
525 Park Street, Suite 400
St. Paul, MN 55103
Dear State, City and Township Representatives:
I am enclosing a copy of the Central Saint Croix Valley Joint
Cable Communications Commission's "Internal Audit Committee
Report for Fiscal Year 1991."
If you have any questions after reading the report, please feel
free to call the Joint Cable Commission Office between the hours
of 10:00 a.m. and 2:00 p.m. on Monday through Friday.
Sincerely,
G2/Lfr? &
Ann M. Bodlovick
Chairperson
MGR:mr
Enclosure
Representing
the Cities of Bayport, Oak Park Heights, and Stillwater
also the Townships of West Lakeland, Baytown, and Stillwater
ANN M. BODLOVICK, Chairman
JACLYN ULRIC'', Vice Chairperson
JACK DOERR, Secretary
DOUGLAS BEEDLE, Treasurer
THOMAS COLE
EUGENE WIIITE
PIIYLLIS WIIITE•
DEAN KERN
MARY KREIMER- ADRIAN
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
1917 South Greeley Street
Stillwater, MN 55082 -6012
(612) 439-8803
I N T E R N A L A U D I T C O M M I T T E E R E P O R T
F I S C A L Y E A R 1 9 9 1
For the Year Ended January 31, 1992
Chairperson Ann Bodlovick and Commissioners:
In accordance with the general intent of the Joint and Cooperative
Agreement effective February 1, 1982, herewith is transmitted the
internal financial audit of the Joint Cable Commission's books and
records for the fiscal year 1991, ended January 31, 1992.
PURPOSE AND SCOPE
The Internal Audit Committee, consisting of Jack Doerr and Mary
Kreimer- Adrian, met on Tuesday, June 25, 1992, in the Commission
Office to conduct the audit.
The purpose of the audit remained as in previous years:
1. To verify the audit trail by examination and evaluation of
Commission records, and through analyzing the revenues and
expenditures by inspecting the Commission's checking accounts,
bank records, and account books, to review monthly summary
statements presented to the Commission.
2. To identify the nays in which efficiency and economy of
operation can be improved via changes in existing financial
recording practices, further, via recommendations of actual
achievements compared to goals.
The FY 1991 financial audit was prepared by non - professionals who
maintained an objectivity and independence in their approach to the
audit. The Commissioners were appointed to serve on the committee
on the basis that neither was signator to the Commission's checking
accounts during fiscal year 1991.
It is the Commission's intent to present factual information in a
concise manner, accurately, completely and fairly. It is not their
intention to state whether or not the audit, the report, or the
financial statements accompanying the report, meet the generally
accepted accounting practices.
Representing
the Cities of Bayport, Oak Park Heights, and Stillwater
also the Townships of West Lakeland, Baytown, and Stillwater
ANN M. BODLOVICK, Chairman
JACLYN ULRICH, Vice Chairperson
JACK DOERR, Secretary
DOUGLAS BEEDLE, Treasurer
THOMAS COLE
EUGENE WHITE
PHYLLIS WHITE
DEAN KERN
MARY KREIMER- ADRIAN
INTERNAL AUDIT COMMITTEE REPORT
FY 1991
Page Two
The report is issued in a timely manner in accordance with the
requirements set forth in the Joint and Cooperative Agreement,
Article VII, Section 4.
FINDINGS
FRANCHISE FEES
The Committee researched the records of deposits, relating to the
estimated, actual and reconcilliated franchise fee payments and
found that timely payments had been made in accordance with
agreements and were deposited in a timely manner.
OPERATING BUDGET
The Committee compared the budget for the fiscal year to actual
expenditures and found that the Commission had adhered closely to
the budget in all areas. Legal fees for general cable matters
were minimal and well under the budgeted amount; but legal expenses
caused by ongoing litigation have continued to burden the Commission
since the fall of 1990. The plaintiff's claims against all
defendants were dismissed with prejudice on July 21, 1992.
The Commission was placed in the position of having to borrow money
from its Member Cities to pay legal fees due to litigation during
fiscal year 1990.
During fiscal year 1991 the Commission dropped the expenditure for
basic cable reimbursement to its directors, who are charged with
monitoring the cable system, and also requested the government
entities to share some of the cost for cablecasting their meetings.
These two factors, along with the fact that franchise fees received
during the year were more than anticipated, enabled the Commission
to pay legal fees due to litigation for that fiscal year.
In spite of the circumstances, the Commission has continued to
maintain its level of support to the Central Saint Croix Valley
Community Access Corporation for community access programming.
BANK RECONCILLIATIONS
The Committee examined monthly bank statements and found that they
had balanced and reconcilled with bank records, and that monthly
balances were accurately reflected in monthly and annual financial
reports furnished to the Commission.
OFFICIAL BANK DEPOSITORIES
The Committee reviewed a listing of depositories designated by the
Commission to handle its various accounts during the fiscal year.
DEDICATED FUNDS
The Committee examined records of transactions during the fiscal
year in the certificates of deposit accounts. They found that
INTERNAL AUDIT, COMMITTEE REPORT
FY 1991
Page Three
transactions had been properly recorded, and that the Security Fund
had been maintained at the level required by franchise ordinance
throughout the audit period.
Funds allocated in 1991 for the next external audit . were added to
the certificate of deposit designated for that purpose.
In order to keep moneys liquid and to earn a higher rate of
interest, Leasehold Improvement Funds, previously in a certificate
of deposit, were deposited into an Advantage Savings account. This
account requires written approval by the company prior to any
expenditures, and any transactions require the signatures of the
escrow agent, chair or vice chair and the treasurer of the
Commission.
INSURANCE
Insurance certificates filed by the cable company were found to
adequately meet the requirements of the ordinance. The Commission
is carried as additional insured on the company's general and auto
liability insurance policies.
The Committee reviewed the Commission's insurances, noting coverage
provided under a Position Schedule Bond; a policy for General /Auto/
Errors or Omissions liability insurance; and a policy for Workers'
Compensation insurance; and found that these policies reflected,
adequately, the needs of the Commission.
CONTRACTS FOR SERVICES
The Commission did not contract for outside services during this
fiscal year.
INVENTORY
The Committee checked the inventory of office furniture and
equipment, finding it complete and up -to -date.
The above- mentioned subjects for audit were extracted from a list of
items usually examined by an independent audit of government books
and records. The subjects were selected as being appropriate to the
Commission's activities from a list in "Auditing Government
Organizations," a chapter in "Government Accounting, Auditing and
Financial Reporting," Chapter 15, page 91, Municipal Officers
Association of the United States and Canada, Chicago, IL, 1980.
The Committee reduced the scope of this audit, in accordance with a
paragraph on page 86 of the above - mentioned reference book, which
reads as follows:
"Internal auditing is an independent appraisal of activity
within an organization for the review of operations as a
service to management. It is a managerial control which
functions by measuring and evaluating the effectiveness of
other controls."
INTERNAL AUDIT COMMITTEE REPORT
FY 1991
Page Four
CONCLUSIONS
The Committee approved of the accounting procedures implemented at
the beginning of fiscal year 1989 and found them to adequately
reflect the financial status of the Commission. They commended
staff on the maintenance and thoroughness of records and the timely
dispersal of financial reports to the Commission.
RECOMMENDATIONS
The Committee found that the Commission had complied with two of the
three recommendations set forth for fiscal year 1991 during the last
internal audit: 1) to make a conscious effort to adhere more closely
to the budget, and 2) to pay 1991 legal expenses when sufficient
funds are available. However, it was unable to initiate payback of
the loan from its Member Cities, which was the third recommendation,
until a future date.
The Committee recommended the administrative secretary research the
cost of adding her position to the position schedule bond, currently
in force for the positions of chair, vice chair and treasurer, and
submit the information to the Commission for their consideration.
Respectfully submitted,
Jack Doerr
1:KR/\Nu-r‘v Atj•Ad
Mary Kreith r-Adrian
cc: State Auditor
Cities of Stillwater, Oak Park Heights and Bayport
Townships of Stillwater and Baytown
Appendixes: Operating and Capital Expenditure Budget - FY 1991
Balance Sheet - FY 1991
Officially Designated Depositories - FY 1991
Schedule of Insurance - FY 1991
List of Commission Representatives
MGR:mr
8 -10 -92
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
OPERATING AND CAPITAL EXPENDITURE BUDGET
FISCAL YEAR 1991
INCOME
Interest Earnings
Franchise Fees
Cablecast Reimb /Government Productions
TOTAL INCOME
EXPENSES
$ 550.00
59,000.00
4,125.00
$63,675.00
Salary and Benefits - Admin Sec'y $14,000.00
Salary and Benefits - Cablecast Contractor 7,500.00
Office Supplies 300.00
Professional Services
Accounting Help 70.00
Legal 3,000.00
Audit 500.00
Telephone 720.00
Postage 350.00
Mileage 100.00
Conferences /Meetings /Dues 250.00
Print /Publish 100.00
Insurance /Bond 2,375.00
Miscellaneous 200.00
Community Programming Support 30,000.00
Office Rent 2,640.00
Photocopier 720.00
Capital Outlay
Channel 12 Equipment 750.00
Office Furniture /Equipment 100.00
TOTAL EXPENSES $63,675.00 $63,675.00
JU /mgr
12 -10 -90
:CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
BALANCE SHEET
FISCAL YEAR 1991
For the Fiscal Year Ended January 31, 1992
ASSETS /FUND BALANCE
Cash
Cash - Operating Expense
Cash on Band
Photocopier (Prepaid)
Trsf Expenses - King
Accounts Receivable
TOTAL ASSETS
FUND BALANCE
Unrestricted
COMBINED TOTAL
REDUCTION IN
FUND BALANCE
TOTALS
gr
- 1 -1 -92
29,166.99
342.78
1.53
53.00
3,998.68
109.92
33,672.90
5,234.41
38,907.31
- 3,884.55
35,022.76
LIABILITIES /FUND BALANCE
LIABILITIES
Grant - Gov. Productions 1,200.00
Accrued Payroll - Fed /FICA 827.58
Accrued Payroll - State 109.00
Accrued Payroll - PERA 168.00
Legal Fees Loan Payable 11,250.43
Accounts Payable 20,967.75
TOTAL LIABILITIES 34,522.76
FUND BALANCE
Restricted - Audit 500.00
COMBINED TOTAL 35,022.76
35,022.76
•
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
OFFICIALLY DESIGNATED DEPOSITORIES
GENERAL FUND
DEPOSITORY: FIRSTAR STILLWATER BANK
Stillwater, MN 55082
OPERATING EXPENSE.
DEPOSITORY: FIRSTAR STILLWATER BANK
Stillwater, MN 55082
.SECURITY FUND
DEPOSITORY: FIRSTAR STILLWATER BANK
Stillwater, MN 55082
DESIGNATED FUNDS
DEPOSITORIES: METROPOLITAN FEDERAL BANK
Stillwater, MN 55082
CENTRAL BANK
Stillwater, MN 55082
SAFETY DEPOSIT BOX
DEPOSITORY: FIRST STATE BANK OF BAYPORT
Bayport, MN 55003
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
SCHEDULE OF INSURANCE
FISCAL YEAR 1991
POSITION SCHEDULE BOND
COMPANY: UNITED FIRE AND CASUALTY COMPANY
Bond No: 51 -61578
Effective: 3 -17 -90 to 3 -27 -91
3 -27 -91 to 3 -27 -92
AGENCY:
WILKE INSURANCE AGENCY
1058 Hastings Avenue
St. Paul Park, MN 55071
(612)459 -9509
GENERAL LIABILITY, AUTO LIABILITY, ERRORS AND OMISSIONS
COMPANY: LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
Policy No: CMC 11346
Effective: 12 -10 -90 to 12 -10 -91
12 -10 -91 to 12 -10 -92
AGENCY: KEISTER & KEISTER AGENCY, INC.
421 South Main Street
Post Office Box 469
Stillwater, MN 55082
(612)430 -1666
MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK PLAN
COMPANY: BERKLEY ADMINISTRATORS
Contract No: 04- 034028 -2
Effective: 1 -14 -91 to 1 -14 -92
1 -14 -92 to 1 -14 -93
AGENCY: KEISTER & KEISTER
421 South Main Street
Post Office Box 469
Stillwater, MN 55082
(612) 430 -1666
mgr
6 -15 -92
•
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
1917 South Greeley Street
Stillwater, MN 55082
Office: (612) 439 -8803
STILLWATER
ELECTED: Ann M. Bodlovick, Chairperson
1511 West Olive Street
Stillwater, MN 55082
(612) 439 -2658
Term: 2/1/92 to 1/31/94
RESIDENT:
Term:
Jaclyn Ulrich, Vice Chairperson
612 Lake Drive
Stillwater, MN 55082
(612) 439 -4837
2/1/91 to 1/31/93
ALTERNATE: Mary Kreimer- Adrian
1860 Heifort Court
Stillwater, MN 55082
(612) 439 -3728
Term: 2/1/91 to 1/31/93
mgr
4 -30 -92
REPRESENTATIVES
FY 1992
OAK PARK HEIGHTS
Jack Doerr, Secretary
14520 Upper 56th Street
Oak Park Heights, MN 55082
(612) 439 -1815
2/1/91 to 1/31/93
Tom Cole
15076 North 64th Street
Oak Park Heights, MN 55082
(612) 439 -6628
6/19/91 to 1/31/93
Dean Kern
5885 North Oldfield Avenue
Oak Park Heights, MN 55082
(612) 439 -7544
2/1/91 to 1/31/93
ADMINISTRATIVE SECRETARY
Marilyn G. Richert
9353 Norell Avenue North
Stillwater, MN 55082
(612) 439 -2131
BAYPORT
Douglas Beedle, Treasurer
385 First Avenue North
Bayport, MN 55003
(612) 439 -2834
1/1/91 to 1/31/93
Open
To 1/31/93
Phyllis White
688 North Fifth Street
Bayport, MN 55003
(612) 439 -4257
2/1/91 to 1/31/93
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
1917 South Greeley Street
Stillwater, MN 55082 -6012
(612) 439-8803
TO: Member Cities and the Public
FROM: Ann M. Bodlovick, Chairperson
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
DATE: October 2, 1992
RE: Fiscal Year 1991 Annual Report
I am enclosing a copy of the Central Saint Croix Valley Joint
Cable Communications Commission's Annual Report for Fiscal Year
1991 ended January 31, 1992.
In addition to contributing a generous amount of the franchise
fees to the Central Saint Croix Valley Community Access
Corporation for community access programming, the Joint Cable
Commission has once again assumed full responsibility for
producing and underwriting the cost of governmental productions,
bringing to subscribers in the valley live cablecasts of their
governing bodies in action. Tapes are also made of the meetings
to be played back on government access channel 12 at varied
times to give broader coverage.
We hope you will find the enclosed report informative. If you
have any questions, please feel free to call the Commission
Office between the hours of 10:00 a.m. and 2:00 p.m. Monday
through Friday.
Representing
the Cities of Bayport, Oak Park Heights, and Stillwater
also the Townships of West Lakeland, Baytown, and Stillwater
ANN M. BODLOVICK, Chairman
JACLYN ULRICI -I, Vice Chairperson
JACK DOERR, Secretary
DOUGLAS BEEDLE, Treasurer
THOMAS COLE
EUGENE WHITE
PIIYLLJS WIIITE
DEAN KERN
MARY KREIMER- ADRIAN
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
1917 South Greeley Street
Stillwater, MN 55082 -6012
(612) 439 -8803
F I S C A L Y E A R 1 9 9 1
A N N U A L R E P O R T
to Its Member Cities
and
to the Public
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
Ann M. Bodlovick, Chairperson
Jaclyn Ulrich, Vice Chairperson
Douglas Beedle, Treasurer
Jack Doerr, Secretary
Eugene White
Thomas Cole
Phyllis White
Mary Kreimer - Adrian
ADOPTED BY THE COMMISSION
July 1992
Representing
the Cities of Bayport, Oak Park Heights, and Stillwater
also the Townships of West Lakeland, Baytown, and Stillwater
JACLYN ULRICH, Vice Chairperson
JACK DOERR, Secretary
DOUGLAS BEEDLE, Treasurer
THOMAS COLE
ANN M. BODLOVICK, Chairman
EUGENE WIIITE
PHYLLIS WHITE
DEAN KERN
MARY KREIMER- ADRIAN
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
FISCAL YEAR 1991
A N N U A L
R E P O R T
to its Member Cities
and
to the Public
For the Fiscal Year February 1, 1991, through January 31, 1992
MEMBERS OF THE COMMISSION
CITY OF BAYPORT
Douglas Beedle, Treasurer
Eugene White
Phyllis White
CITY OF OAK PARK HEIGHTS
Jack Doerr
Thomas Cole
Dean Kern
CITY OF STILLWATER
Ann M. Bodiovick, Treasurer
Jaclyn Ulrich, Vice Chairperson
Mary Kreimer - Adrian
MISSION STATEMENT
TERM EXPIRES
Primary Council 1 -31 -94
Primary Resident Retired 1 -31 -92
Alternate 1 -31 -93
Primary Council
Primary Resident
Alternate
Primary Council
Primary Resident
Alternate
1 -31 -93
1 -31 -93
1 -31 -93
1 -31 -94
1 -31 -93
1 -31 -93
The mission statement of the Central Saint Croix Valley Joint
Cable Communications Commission is the ongoing administration of the
cable communications franchise ordinance (Ordinance No. Two) awarded
August 2, 1983, under the authority delegated to the Commission by
its Member Cities through the Joint and Cooperative Agreement dated
February 1, 1982. The Cities of Bayport, Oak Park Heights and
Stillwater are Member Cities to this Agreement.
The Commission monitors the development and the operation of
the cable communications system according to the terms of the cable
franchise ordinance in the Center Saint Croix Valley franchise area.
The cable communications system operator is King Videocable Company
Minnesota dba King Videocable Company. The Commission guards the
public interest and that of Member City residents and consumers of
cable communications services in matters relating to cable
communications.
•
JOINT CABLE COMMISSION
ANNUAL REPORT FY 1991
Page Two
PUBLIC POLICY ISSUES
LINE EXTENSION POLICY
During fiscal year 1987, the Commission developed a Line
Extension Policy in concert with cable company representatives.
The Policy signed by both parties was amended into the franchise
ordinance after public notice and public hearing at which the public
had opportunity to comment.
The Line Extension Policy provides for a.procedure whereby
residents of an area without cable may petition the Commission for
cable service. In addition, the policy provides for a formula when
the number of households in a line extension area do not meet
industry minimums.
CONSUMER PROTECTION
BILLING POLICIES AND LATE FEE PROCEDURES
The Company filed its billing policies and procedures with the
Commission. All cable subscribers are billed monthly in advance on
either the first or fifteenth day of each month. In cases of
partial month's service, charges are prorated on a daily basis.
Subscriber payments are due upon receipt of the monthly
statement and are subject to a late fee, which is assessed after 30
days.
SUBSCRIBER SERVICE CONTRACT
At the present time King Videocable Company - Minnesota is not
utilizing a subscriber service contract, but has not altered the
policy of previous management in requiring subscribers to
acknowledge receipt of their converter when service is installed and
to return the equipment if they elect to terminate service, which
they may do at anytime.
SUBSCRIBER PRIVACY NOTICE
The Commission found wording contained in the Subscriber
Privacy Notice issued by the company and distributed to subscribers
during the summer of 1991 to be in direct conflict with the
franchise agreement and requested that the notice be revised and
submitted for Commission approval prior to distribution to the
subscribership in 1992.
ADMINISTRATION OF THE FRANCHISE
TRANSFER OF CONTROL OF KING VIDEOCABLE COMPANY - MINNESOTA
The Commission received a request from King Videocable Company -
Minnesota, a subsidiary of King Broadcasting Company, to approve the
proposed transfer of control of King Videocable- Minnesota from the
present stockholders of King Broadcasting Company to King Holding
Corp., a company owned fifty percent (50 %).by Providence Journal
Company and fifty percent (50 %) by Kelso Parners IV., L.P.
Joint Cable Commission
Annual Report - FY 1991
Page Three
The businesses of King Bolding Corp. will be managed by the
Providence Journal Company of Rhode Island.
King Broadcasting Company and King Videocable Company will
continue to exist and operate under their own names. In that sense,
this change of control will not be apparent to the Member Cities and
to subscribers. In terms of ownership and control, the only
difference will be that King Videocable Company's parent company,
King Broadcasting Company, will be owned by new stockholders; and
Colony Communications, Inc., Providence Journal Company's wholly -
owned cable television subsidiary, will manage King Videocable
Company.
The new owners did not request renegotiation of any of the
franchise obligations and stated their intent to fulfill the
franchise commitments made by King.
Colony Communications, Inc., has operated cable systems since
1969 and serves approximately 550,000 subscribers in five states.
Colony has been active in assisting cable systems with the
development of community programming by use of both local and
company efforts and has received numerous awards, including national
recognition, for their outstanding commitment to communities for
local programming efforts. Director of Development, Michael B.
Isaacs, expressed that Colony is a company that cares about the
communities it serves and abides by the franchise ordinance
applicable to the area in which it operates. He voiced his opinion
to the Commission that public access can help the company by
attracting additional subscribers.
After conducting a public hearing on November 20, 1992, the
Commission waived its right of first refusal to purchase the
franchise or the cable television system serving the Central Saint
Croix Valley area; and, after reviewing the legal, technical
and financial qualifications of the entities involved, approved the
transfer.
FLOW- THROUGH NEGOTIATIONS
The Commission and King Videocable Company- Minnesota
representatives held numerous meetings in 1989 and 1990 and had
selected November 1, 1990, as the target date for completion of a
flow- through agreement between the Commission and King for support
of the public access channels. The Commission voted to put
flow - through negotiations on hold until the transfer was finalized.
King Videocable Company - Minnesota has agreed to negotiate in
good faith with the Commission on a flow - through agreement following
the transfer of control.
SUBSCRIBER COUNT
The subscriber count for fiscal year 1991 averaged 3,762
subscribers per month compared to 3,95 during fiscal year 1990 and
3,261 during fiscal year 1989. Local marinas contribute to the
subscribership during the summer season.
•
Joint Cable Commission
Annual Report - FY 1991
Page Four
CHARACTER GENERATION EQUIPMENT
Character generation equipment failed off and on during the
summer of 1991 and went down completely during the fall. Both the
franchise ordinance and the original offering contain language
regarding obligations by the company for the provision of this
equipment. The original equipment has been determined to be
obsolete and, therefore, will be replaced.
The company furnished the Commission Office with one unit to
service all entities until such time new equipment is installed.
The Commission and the company are currently researching needs and
seeking bids for new equipment.
COMMUNITY ACCESS
During the year the Commission approved the corporation's
appointments to its Board of Directors and ratified the election of
its chair.
The Commission allocated $30,000 of the franchise fees to be
approved and paid on a quarterly basis to the Community Access
Corporation for the support of community access programming.
In addition the Commission funds the cost of government
productions.
COMMISSION BUSINESS
GOVERNMENT PRODUCTIONS
Over 150 public meetings go out live on government access
channel 12 each year. In addition to regularly- scheduled meetings,
of the Stillwater, Bayport and Oak Park Heights City Councils,
Washington County Board, ISD # 834 School Board and Joint Cable
Commission, requests are received for the cablecasting of special
meetings and events in the area. Tapes are replayed several times
after the live cablecast. In addition, numerous requests are
received for additional playbacks and /or copies of the meeting
tapes, indicating the growing awareness and popularity of government
access in the valley.
The Commission initially funded the total cost of these
productions, but was forced to request financial assistance from the
government entities for part of the cost during 1991. When
formulating the budget for fiscal year 1992, the Commission planned
to assume full financial responsibility for the productions once
again.
CUSTOMER COMMENTS AND COMPLAINTS
The Commission handles customer comments and monitors
complaints from the general public. Numerous calls were received
during power outages in 1991. Most outages during the summer and
fall seasons were attributed to cut cables, due to increased
construction,and sun spots.
Joint Cable Commission
Annual Report - FY 1991
Page Five
A number of residents in Stillwater and West Lakeland Townships
have indicated interest in obtaining cable service in their
respective areas.
BUDGET
The Commission adhered closely to its budget during 1991.
Exorbitant legal fees, caused by ongoing litigation, was the sole
cause for the Commission running over budget. Due to franchise fees
received being more than anticipated, the Commission was able to pay
these expenses during the year but, unfortunately, was unable to
initiate payment on its outstanding loan, also the result of
litigation expenses.
FEDERAL LEGISLATION
Senate Bill S12 passed in January 1992. Although the Senate
adopted more than a dozen new amendments to the bill, the key
provisions, notably those covering rate regulation, program access
and anti - discrimination, and retransmission consent, remained intact
House Bill HR 3560 was introduced in October 1991. Major
provisions include local regulation of rates, establishment of
customer service standards, establishment of technical standards,
additional language regarding franchise renewal, franchising
authority damages immunity, provisions regarding multiple franchises,
equipment compatibility standards, language regarding ownership of
cable wires inside a home and other provisions regarding competition.
INTERCONNECTION
The objectives of interconnection are to establish a regional
higher educational /vocational /technical access channel for the
distribution of advanced academic programming. This channel would
be used by Northeast Metro Tech and Lakewood Community College,
which are the primary technical and community colleges in our area,
to broadcast a wide array of programming. After investigating
microwave and copper alternatives, fiber optic was felt to provide
the most cost effective level of quality. The method of funding the
interconnection and dedication of channel space for the local
franchise area are among issues yet to be determined.
CONCLUDING STATEMENT
The Commission anticipates another busy year, regulating the
franchise ordinance, bringing government meetings into the homes of
valley subscribers and working hand -in -hand with King Videocable
Company and the Community Access Corporation to promote community
access programming in the St. Croix Valley.
Prepared by:
Marilyn G. Richert
Administrative Secretary
June 1992
•
•
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
TRIAL BALANCE
FISCAL YEAR 1991
For the Fiscal Year Ended January 31, 1992
Cash 29,166.99
Cash - Operating Expense 342.78
Cash on Hand 1.53
Accounts Receivable 109.92
Photocopier (Prepaid Rent) 53.00
Accounts Payable
Transfer Expenses - KVC 3,998.68
Grant - Government Productions
Accrued Payroll - Fed /FICA
Accrued Payroll - State
Accrued Payroll - PERA
'Legal Fees Loan Payable
Fund Balance - Unrestricted 5,234.41
Fund Balance - Restricted /Audit-
Interest Earnings
Franchise Fees (KVC)
Miscellaneous Income
Cablecast Reimbursement
Salaries 19,502.75
Payroll Tax - FICA /PERA 2,341.99
Office Supplies 287.10
Accounting Help -0-
Legal.Fees * *11,572.41
Telephone 680.39
Postage . 282.22
Banking Service Charges 66.45
Mileage 34.46
Conference /Meetings /Dues 165.00
Print /Publish 4.81
Insurance /Bond 2,279.27
Miscellaneous Expense 127.66
Community Programming Support 30,000.00
Office Rent /Reimbursement 2,640.00
Photocopier Rent /Reimbursement 713.20
Channel 12 Equipment 464.36
Office Furniture /Equipment -0-
TOTALS
* Litigation:
** Litigation:
Cable Matters:
mgr
4 -1 -92
11,250.43
11,113.16
459.25
20,967.75
1,200.00
827.58
109.00
168.00
*11,250.43
500.00
716.14
69,433.21
375.30
4,521.97
110,069.38 110,069.38
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
STATEMENT OF REVENUES AND EXPENDITIRES
FISCAL YEAR 1991
For the Fiscal Year Ended January 31, 1992
REVENUE
Interest Earnings
Franchise Fees
Miscellaneous
716.14
69,433.21
375.30.
Cablecast Reimbursement 4,521.97
TOTAL REVENUES 75,046.62
TOTALS 75,046.62
DEDICATED MONIES
Audit 500.00
*Legal Fees: Cable Matters
Litigation
mgr
4 -1 -92
EXPENDITURE
Personnel Services
Office Expenses
Professional Services
CAC Support
Operating Expense
Capital Outlay
Miscellaneous
TOTAL EXPENDITURES
REVENUES OVER
EXPENDITURES
459.25
11,113.16
11,572.41
21,844.74
1,962.91
*11,572.41'
30,000.00
5,189.99
464.36
127.66
71,162.07
3,884.55
75,046.62
.CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
BALANCE SHEET
FISCAL YEAR 1991
For the Fiscal Year Ended January 31, 1992
ASSETS /FUND BALANCE
Cash
Cash - Operating Expense
Cash on Hand
Photocopier (Prepaid)
TrsE Expenses - King
Accounts Receivable
4 TOTAL ASSETS
FUND BALANCE
Unrestricted
COMBINED TOTAL
REDUCTION IN
FUND BALANCE
TOTALS
.mgr
4 -1 -92
29,166.99
342.78
1.53
53.00
3,998.68
109.92
33,672.90
5,234.41
38,907.31
-3,884.55
35,022.76
LIABILITIES /FUND BALANCE
LIABILITIES
Grant - Gov. Productions 1,200.00
Accrued Payroll - Fed /FICA 827.58
Accrued Payroll - State 109.00
Accrued Payroll PERA 168.00
Legal Fees Loan Payable 11,250.43
Accounts Payable 20,967.75
TOTAL LIABILITIES 34,522.76
FUND BALANCE
Restricted - Audit 500.00
COMBINED TOTAL 35,022.76
35,022.76
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
OPERATING AND CAPITAL EXPENDITURE BUDGET
FISCAL YEAR 1992
Ending January 31, 1993
INCOME
Interest Earnings
Franchise Fees
Grant - Government Productions
$ 550.00
66,600.00
1,200.00
TOTAL INCOME $68,350.00
EXPENSES
Salary and Benefits - Admin Sec'y
Salary and Benefits - Cablecasters
Office Supplies
Professional Services
Accounting Help
Legal
Audit
Telephone
Postage
Banking Service Charges
Maintenance /Repairs
Mileage
Conferences /Meetings /Dues
Print /Publish
Insurance /Bond
Miscellaneous
Community Programming Support
Office Rent
Photocopier
Capital Outlay
Channel 12 Equipment
Office Furniture /Equipment
$16,625.00
7,675.00
300.00
70.00
4,540.00
500.00
700.00
300.00
150.00
250.00
100.00
250.00
100.00
2,600.00
200.00
30,000.00*
2,640.00
750.00
500.00
100.00
TOTAL EXPENSES $68,350.00 $68,350.00
* Subject to quarterly review
** Loan Payable to Member Cities (no due date) - $11,250.43
mgr
1 -8 -92
•
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
ANNUAL TASK SCHEDULE
FISCAL YEAR 1992
Ongoing: General Administration of Franchise Ordinance:
Monitoring Community Access: Subscriber Complaints:
Legislation Comments: Civil Emergency Alert System
FEBRUARY Annual Commission Meeting
Review Annual Task List
*Review Quarterly Franchise Payment /Report (due 1- 31 -92)
MARCH Annual Report Lo Commission for Approval
*Review Company Line Extension Construction Plan
Monitor Line Extension Construction
*Review NoLice of Construction Contractor
APRIL *Receive Quarterly Franchise Fee Payment /Report 41 -30 -92
*Receive Company Insurance Certificate (Expires 4-1 -92)
Approval of Community Access Corporation's Annual
Appointments: 1) Chairperson 2) Board of Directors
MAY Review Quarterly Franchise Fee Payment /Report
Appoint Internal Audit Committee
JUNE Conduct Internal Audit
JULY
IIIAUGUST Review 2nd Quarter Franchise Fees /Report
SEPTEMBER *Receive Company's Annual Report (due 9- 30 -92)
*Receive Company's Annual Monitoring and Compliance
Reports
*Receive Company's Annual System Performance Tests
Internal Audit Report Lo Commission for Approval
*Receive 2nd Quarter Franchise Fees /Report 7 -31 -92
OCTOBER Review Company's Above - mentioned Annual Reports
*Receive 3rd Quarter Franchise Fee Payment /Report 10 -31 -92
Review Commission's General Liability Insurance
Performance Evaluations
Establish Meeting Date for. Preparation of Budget
NOVEMBER Review 3rd Quarter Franchise Fee Payment /Report
Prepare Annual Budget for Commission Approval
Mail Annual Budget Lo Member Cities for Approval
Notify Corporation of Proposed Allocation for 1993
DECEMBER Receive Corporation's Proposed Budget for 1993
Receive Approval of Commission's Proposed Budget from
Member Cities prior Lo January 1
JANUARY *Receive 4th Quarter Franchise Fee Payment /Report 1 -31 -93
* Denotes documentation provided by King Videocable Company
mg r
1 -29 -92
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
CHANNEL 12 GOVERNMENT MEETINGS
BAYPORT CITY COUNCIL
Cablecast Live: 1st Monday of the month - 7:00 p.m.
Replays following the meeting: Wednesday - 5:30 p.m.
Thursday - 8:15 p.m.
Saturday - *12:15 p.m.
STILLWATER CITY COUNCIL
Cablecast Live: 1st and 3rd Tuesdays of the month - 7:00 p.m
Replays following the meeting: Thursday - * 6:00 p.m.
Friday - 4:00 p.m.
Saturday - 10:00 a.m.
OAK PARK HEIGHTS CITY COUNCIL
Cablecast Live: 2nd and 4th Mondays of the month - 7:00 p.m.
Replays following the meeting: Thursday - * 6:00 p.m.
Friday - 4:00 p.m.
Saturday - 10:00 a.m.
JOINT CABLE COMMISSION
Cablecast Live: 1st Monday of the month - 7:30 p.m.
Replays following the meeting: Friday - * 6:00 p.m.
Saturday - *12:00 p.m.
WASHINGTON COUNTY BOARD OF COMMISSIONERS
Cablecast Live: Every Tuesday - 9:00 a.m.
Replays following the meeting: Tuesday 4:00 p.m.
Thursday - * 8:30 p.m.
SCHOOL BOARD - INDEPENDENT SCHOOL DISTRICT # 834
Cablecast Live: 2nd and 4th Thursdays - 7:30 p.m.
Replays following the meeting: Friday - 1:00 p.m.
Saturday - * 1:00 p.m.
*Approximate time - Please check the schedules published in the
TV Times, the Stillwater Gazette, or call
the Community Access Center at 430 -2921.
•
CENTRAL SAINT CROIX VALLEY
JOINT CABLE COMMUNICATIONS COMMISSION
1917 South Greeley Street
Stillwater, MN 55082
Office: (612) 439 -8803
STILLWATER
ELECTED: Ann M. Bodlovick, Chairperson
1511 West Olive Street
Stillwater, MN 55082
(612) 439 -2658
Term: 2/1/92 to 1/31/94
RESIDENT: Jaclyn Ulrich, Vice Chairperson
612 Lake Drive
Stillwater, MN 55082
(612) 439 -4837
Term: 2/1/91 to 1/31/93
ALTERNATE: Mary Kreimer- Adrian
1860 Heifort Court
Stillwater, MN 55082
(612) 439 -3728
Term: 2/1/91 to 1/31/93
mgr
4 -30 -92
REPRESENTATIVES
FY 1992
OAK PARK HEIGHTS
Jack Doerr, Secretary
14520 Upper 56th Street
Oak Park Heights, MN 55082
(612) 439 -1815
2/1/91 to 1/31/93
Tom Cole
15076 North 64th Street
Oak Park Heights, MN 55082
(612) 439 -6628
6/19/91 to 1/31/93
Dean Kern
5885 North Oldfield Avenue
Oak Park Heights, MN 55082
(612) 439 -7544
2/1/91 to 1/31/93
ADMINISTRATIVE SECRETARY
Marilyn G. Richert
9353 Norell Avenue North
Stillwater, MN 55082
(612) 439 -2131
BAYPORT
Douglas Beedle, Treasurer
385 First Avenue North
Bayport, MN 55003
(612) 439 -2834
1/1/91 to 1/31/93
Open
To 1/31/93
Phyllis White
688 North Fifth Street
Bayport, MN 55003
(612) 439 -4257
2/1/91 to 1/31/93
illwater
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR((
DATE: OCTOBER 19, 1992
SUBJECT: LETTER OF RECOMMENDATION TO METROPOLITAN
COUNCIL ADVISORY BOARD REGARDING FUNDING OF
COUNTY ROAD 64 (McKUSICK ROAD) BIKEWAY.
The Regional Transportation Advisory Board is requesting
applications for bikeway /walkway projects using Surface
Transportation Program funds. (See attached letter.)
Washington County and City Staff feel the County Road 64
Bikeway project is eligible for funding and meets the
criteria for funding. The funding request is for 75% of
the project costs or $109,601.
As a part of the application, a letter of recommendation
is required from the City.
RECOMMENDATION:
Approve sending a letter signed by the Mayor.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121
COVER PAGE +
DATE: /b- 209 -417.
TIME: J •' Z.
SENT BY: c /i/n vQ Y
WASHINGTON COUNTY
PUBIC WORKS DEPARTMENT
11660 MYERON ROAD NORTH • STILLWATER, MINNESOTA 55082.9573
612- 439.6058—Facsimile Machine 612- 430 -0472
F ACSXHXLX ADVANCE SHEET
PAGES
Donald C. Wisniewski, P.E.
Director Public Works/County Engineer
Mark L. Mattson,
Assistant Director Public Works
Richard D. Herold,
Design /Construction Engineer
John P. Perkovich,
Parks Director
Lawrence W. Bousquet,
Traffic and Maintenance Engineer
Lyle C. Doerr
Facility Manager
To: CAV-7 4P 3i lkuol Fax No. 43q-64x6
Attention: 5T*AG'c e//
Special Instructions: Zinde ' ;k7 rgi 1 i (YJ /? a
d4 4 y apeoi
t/' /.ill _w
65 1Z01 Zo /hl4ro j 0117 T rw4i/ me a "7?
If you did not receive L }the correct number of pages or if it is not legible,
please contact c )1(n t V at (612)439 -6058.
Print.vt nn tUmA,Wl o....r
4
rent 141 CAADI two. GAIT rn or'nryrt 111 P.m/ • • +n i.• • .. +.....
SENT BY :WASHINGTON COUNTY ;10 -20 -92 ; 11 :45
(Please Type)
PUBLIC WORKS--* 5124390455 ;4 2
1992 FEDERAL SURFACE TRANSPORTATION (STP) PROJECT
SUBMITTAL FORM FOR BIKEWAY/WALKWAY PROJECTS
PROJECT
TYPE
Please Check
One
BIKEWAY
WALKWAY
Standard
X
Innovative
Standard
Innovative
LOCATION
Street Name &
Project Length
Termini or Intersection
County Washington
Road # County Road 64
3.71 miles (road) 1.6 miles (Bikeway)
Owens Street
Municipality City of Stillwater
Project_
Description
(specify
improvement
typical
section,
design
requirements
Reconstruction of Washington County Road 64, located between
CSAH 15 and CSAH 5 (Owens Street) in Stillwater Township
and the City of Stillwater, Minnesota.
•
Proposed improvements: Grading, Drainage Structures,
Aggregate Base, Concrete Curb and Gutter, Bituminous
Surfacing, and Shouldering and 8 foot separated bituminous
;rail. See Enclosure A for typical section.
B i keway
Only
COST
ESTIMATE
Federal
Share
Local Share
TOTAL
ESTIMATED CONTRACT
LETTING DATE
$109,601
$36,534
$146,135
March 1992
Respond directly
(standard or innovative).
each criterion
items. Failure
Use additional
type single space.
project location.
one or two sides,
Contact Person
Phone No.
to qualifying
Provide
listed Identify answer
to properly address
plain, 8-1/2 x 11
Attach 8 -1/2
Application including
with non - reduced
James Luger
NARRATIVE
and priority criteria
in the enclosure for the type of project
answers to the project description and
and letter of criterion. Do not skip any
result in disqualification for consideration.
on criteria and any additional comments,
white reproducible map showing general
must be limited to four additional sheets,
• Agency Wash. Cty. Public Works
concise and specific
by number
each item may
sheet for response
x 11 black and
attachments
type.
(612) 439 -6058 Date 10/19/92
ativi bY:WASHINGTON COUNTY ;10 -20 -92 ; 11 :45
Qualifying Criteria
PUBLIC WORKS 6124390456;4 3
COUNTY ROAD 64
TRADITIONAL BIKEWAY/WALKWAY PROJECTS
1. A bikeway or walkway project must be consistent with adopted regional plans.
This bikeway is consistent with the County Comprehensive Plan Parks and Open
Space Section, which shows the County Road 64 corridor for multi -use trails.
2. A bikeway or walkway project must be consistent with locally adopted
comprehensive plan. The protect is consistent with the City of,Stillwater's
Comprehensive Plan. The plan designates McKusick Road (County Road 64) for a
bike trail. The bike trail would intersect al Owens Street with bikeoaths that lead to
downtown and other Parts of the community.
3. The facilities must primarily serve a significant transportation purpose rather than
only a recreational purpose. This approximate 1.6 miles of off road trail will serve,
as a feeder residential to downtown Stillwater from the residential areas north and
west of Stillwater. The pathway will provide non - motorized access to nearby
Stonehridge Grade School annl near access to the City of Stillwater Library and City
Hall.
4. Those projects which provide grade separated access across significant barriers
such as, railroads or busy roadways, must be designed such that at -grade access is
discouraged. This project does not have or require any grade separations.
5. Ordinary sidewalk construction is not eligible. This is a multi - purpose 8' wide
bituminous trail which will function as a transportation corridor from residential to
schools. library, and commercial.
6. It must be demonstrated that the facility will be available to and serve the general
public. The jepareled trail is located gn public land along a roadway corridor and
runs from a residential areajo an urban service area. It is linked to city walkways
which in turn provide off road access to public facilities and commercial enterprise.
7. Skyways must connect public buildings or public parking facilities with the existing
CBD skyway system either by themselves or in conjunction with a larger project.
Federal funds must not be used to reduce or eliminate normal private party cost
participation in a skyway project. This is not a skyway proiect.
8. Projects must be coordinated with all affected communities and other levels and
units of government. (Demonstrated coordination with other levels of government.)
The Washington County Road 64 Droiect is ajoint venture between the County and
City of Stillwater. All levels of government have had an opportunity to comment or
have been part of the design and permitting process. This project has been
recommended by the County (Donald C. Wisniewski), City of Stillwater (Nile
Kriesel, City Administrator). and MN /DOT (Elmer Morris. Jr.. District State Aid
Engineer). SeQenclosed letter of recommendation from Stillwater City Council.
•
SENT BY:WASHINGTON COUNTY ;10 -20 -92 ; 11:46
Priority Criteria
1. Demonstrate the need for the facility by:
PUBLIC WORKS-.
6124390456;4 4
a. Providing access to or within an activity center, such as a downtown
shopping center, employment center, educational complex, or transit hubs.
The addition of this trail will assist in providing a safe off road
bike /pedestrian travel corridor from newly developed residential areas to
downtown Stillwater. Nearby destination points utilizing this trail will be
Stonebridge Eltmentarv_School. Maple Manner Retirement Home. Stillwater
Library, and City Hall. Downtown shopping is only blocks away and
accessible via sidewalks and local roads.
b. Implement a locally adopted bike or pedestrian plan. This trail is shown on
both the County's and City's bikeway plans.
c. Correcting of known or potential safety hazards.
Currently, bike and pedestrian traffic utilize the driving lanes because there
are no shoulders or trails. The r9ec] is a heavily traveled road because of
increased residential growth and a nearby rif course. The proposed trail
would provide a safe means of travel from puttying areas to the downtown
area and back.
-
d. Providing an interface with other modes.
This trail ink int• he toc: t m. s r. n
w
reet V . Ii - Tr . nsi
and extensive system of sidewalks providing access to neiahborhpod
commercial a - - onebrid• a hoot :n he Central Busin: Dis ri
•
2. Existing facilities should be utilized wherever possible, rather than making additional
capital investments.
The project involves reconstruption of County Road 64 and as part of the grading
and paving. the trail will be constructed.
3. Those facilities which link with others, forming a continuous system or similar
facilities, will receive higher priority.
The proposed trails west terminus will link with eight foot shoulders on County,
Road 64 traveling west to County Road 15 which has 10 foot shoulders and is part
of the existing County bikeway plan. The trails east terminus would be at Owens
Street and provide people access to Stillwater downtown via City walkways and
bikeways.
SENT BY :WASHINGTON COUNTY ;10 -20 -92 ; 11:47 ;
PUBLIC WORKS-. 6124390456;8 5'
4. Those facilities which remove or eliminate a natural or man -made barrier to biking or
walking.
The alignment of County Road 64 will have to be shifted away from McKusick Lake
in order to provide room for the trail. Currently, there is no room for shoulders or a
r.il alone ount Read •4 beca : •f R •4 :n. cK i k L:k::r: •o to e •
one another.
5. Those facilities that provide a travel alternative on or parallel to congested roads or
highways.
Traffic rates on County Road 64 have increased dramatically with increased
residential development west of Stillwater. In 1989, traffic counts indicated an
ADT of 1,278 with 5 to 7 percent being heavy commercial The proposed road
reconstruction with separate trail will eliminate bike and pedestrian traffic from the
road itself by providing a parallel trail.
•
•
•
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war 7URI. I*9
•
u P1. 785.41.90
• 44. 45' 09- RT.
D 13. 28' 33'
R 425.00'
T 174.97'
L 331.96'
V P.C. 783.66.93
Lt P.T. 786.98.89
u PJ. • 79749.57
a •15 *41 sr LT.
0 - r3o'00'
11 • 763.94•
T • 105.51 •
O P.C. • 79614.26
0 P.T. • 798 23.56
`1 I
•
EXISTING ROADWAY
Of TANA
CENTEAUNE SHIFT 10 FEET EAST
Ct I$TIMIC7gM L /NIT$
MAI w IRI
• ID WI
• .y. station
814 +50
McKusick Lake
VARIES
-,•- -19*
CO•3T*CTiO. LW17S
VARIES
SEE PLANS
4' 8"
VARIES
D.02'/FT
18'
..r• -- 0.027FT. TYPICAL
'ORATED PVC DRAIN TILE
SOCK (TYP.)
SEE PLANS
.•/ MNPAUM BOULEVARD WIDTH 3 FEET VS. 5 FEET
R/W
—1 1/2" — BITUMINOUS WEARING COURSE MN/DOT 2331. TYPE 41
2 - BITUMINOUS BASE COURSE MN/DOT 2331. TYPE 31
— AGGREGATE BASE CL 5 MN/DOT 2211
3 SELECT GRANULAR
McKUSICK ROAD
STA. 000 +00 TO STA. • 000 +00
- MIt IMUNI TRAL WIDTH 8 FEET VS. 10 FEET
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WETLAND IMPACT MINIMIZATION
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6124390456;4 7
August 5, 1992
Mr. Richard Slachta
St. Croix OutFitters
223 S. Main St.
Stillwater, MN 55082
GAB FILE #:
TRUST MEMBER:
D.O.L.:
TYPE OF CLAIM:
GAB Business Services Inc
9531 West 78th Street Suite 320
Eden Prairie Minnesota 55344
Telephone 612 - 942 -9818 •
FAX 612 - 943 -2383
Claims Control Branch
56509 -04343
CITY OF STILLWATER
6 -15 -91
DUST IN BLD.
Dear Mr. Slachta:
As you know we represent the League of Minnesota Cities
Insurance Trust, liability carrier for the City of
Stillwater.
�r .
I apologize for the delay in responding to your above
mentioned claim. I have completed my investigation and I
do not see where the city was negligent in causing this.
Therefore, I will not be able to make any payment to you
and I am denying your claim.
As we had discussed, if you feel you have a claim with the
contractor you could submit a claim to Johnson Brothers,
P.O. Box 1002, Litchfield MN 55355 -1002. Just a
reminder, the contractor's insurance company will also
need to complete an investigation into the claim.
Sincerely,
ulie Lassonde
Adjuster
cc:
City of Stillwater
216 N. 4th St.
Stillwater, MN 55082
McGarry- Kearney Agency
243 S. Main St.
Stillwater, MN 55082
GAB ... "Where quality really matters."
August 13, 1992
Stillwater City Council
216 N. 4th Street
Stillwater, Mn. 55082
Gentlemen:
This letter is to inform you of the work that had to be done
directly as a result of sidewalk project, part of the downtown
renovation of 1991 -92.
During the summer of 1991, approximately during the month of
July, . the sidewalk in front of the Building which stands at the
address of 223 South Main Street and currently owned by Richard
and Jeri Slachta was torn out to be replaced at a later date. Consi
quently, a wall had to be built to fill in a airway under the former
sidewalk, and some backfilIing work also Subsequently, the store
maintaining that space, St. Croix Outfitters, lost valuable storage
area which they had used for the last 40
years, And to add to tle
loss, Dick Slachta had , to have extensive clean -up work done during
and after the gidewa1k project was completed.
The basement in the front of the building was completely open
during the construction of the wall. Poly sheeting was hung to
keep most of the dust and dirt out of the area but, nevertheless
merchandise and floors were directly affected. '
Fifty man hours were expended cleaning up during and after the work was completed. At .a rate of $5.00 he
to employees that results in an expediture of $250.00, per hour paid
We believe that we should not be responsible for this expense.
Please discuss this at your earliest convenience. Thank you.-
Richard and Jeri Slachta
40(1" 7/4"7
•
4ip
INVITEES:
PURPOSE:
MJ 1'ROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612 291 -6359 TDD 612 291 -0904
MEETING NOTICE
Local Elected and Appointed Officials
To discuss the role of the Metropolitan Council as an HRA, how current
Metro HRA programs and services are meeting housing needs in your
community and standards you would want the Council to consider if it were
to make changes in Metro HRA's political/organizational structure.
DISCUSSION 1 How do the current Metro HRA programs and services meet the
POINTS: housing needs in your community?
A. What needs are being met?
B. What needs are not being met and why?
C. What changes are necessary to meet those needs?
D. What stands in the way of making the changes you
suggest?
2. In your opinion, should the Metropolitan Council, a regional
planning agency, also be a Housing and Redevelopment Authority
implementing housing programs?
3. What standards would you want the Metropolitan Council to
consider if it were to make changes in the organizational /political
structure of the Metro HRA?
WIIEN: 9:00 a.m. - Noon
Friday, October 30, 1992
WIIERE:
� ..14
Community Room
Briar Pond Apartments
1591 Granada Avenue North
Oakdale, MN 55128
con,
OCTOBER 1992
The Stillwater
Jr. High School's
WPA auditorium mural
photograph courtesy of the Minnesota
Historical Society
` 1 A T- 1. 0 ()
ALLIANCE COMPLETES STILLWATER REUSE STUDY
The Preservation Alliance has just completed a reuse
study on the West Wing of the Stillwater Junior High
School. The building will be vacated in late 1993 when
a new facility opens and the local school district re-
quested the Alliance to conduct a study as part of their
efforts to find alternatives uses for the building.
The West Wing consists of three structures built dur-
ing the 1920s; the gymnasium and auditorium
buildings, both completed in 1923, and classroom fa-
cilities constructed above the auditorium in 1927.
Together with the old Baptist Church, a variety of
older homes, and the Historic Courthouse built in
1867 -69, they comprise historic streetscapes with strong
associations to the community.
The Alliance assembled a team of consultants which
held a series of intensive meetings at the school in
order to evaluate the building and determine potential
uses for the property. During a three day consultation
process, the team inspected the site and examined the
condition of the building. Interviews were conducted
with individuals familiar with the issues impacting the
site and a variety of potential users. A final report was
prepared in order to develop recommendations for the
reuse of the school, and to assist the Stillwater Area
Schools, the City of Stillwater, and other interested
individuals and organizations in planning for the fu-
ture of the building.
One of the most promising findings of the study was
the strong community support for the preservation
and reuse of the building, a key ingredient which is
often lacking in such situations. With few exceptions,
those individuals interviewed by the reuse team ex-
pressed their belief that the building is an asset to the
community. Even those who doubted the historical
importance of the West Wing felt that the visual pres-
ence of the structure was an important aspect of the
streetscape.
Another encouraging finding was the remarkable va-
riety of potential uses and users which were suggested
during the interview process. The proposed uses range
from classroom and gymnasium space for private
providers, community education space, facilities for
non - profit and social service organizations, and studio
and performance space. A significant number of com-
munity needs were identified which could be met
through the reuse of the building.
Yet, in spite of the strong support for reuse and the
variety of reuse alternatives, a major issue faced by the
team was determining whether reuse was financially
feasible. Although the building is structurally sound,
the multi -level building has a complex layout and
conversion costs could be high in order to provide
Continued on Page 6, Column 1
P.O Box 582804 Minneapolis, MN 55458 -2804
3
PRESERVATION MATTERS
Stillwater Continued from Page 3
handicap access, adequate egress, and new mechani-
cal systems. Fortunately, the team architects determined
that these costs would not be prohibitive. But they are
such that a private developer will not be attracted to
the building and some type of public support will be
essential for the successful reuse of the building.
After carefully considering the various issues and
potential uses for the West Wing, the team developed
several alternatives for the building, beginning with
demolition, since all possibilities should be objectively
explored. Ultimately, the team recommended mixed -
function reuse for the building. This
alternative would offer the highest
potential for using the school build-
ing to its optimum capacity. By
selecting the proper combination of
users, the community could best be
served by the project and the finan-
cial viability of reuse would be
greatly enhanced.
A key component of the team's rec-
ommendations was the
implementation of a strategic plan
during 1992 -93 by the Stillwater
School District and the City of
Stillwater. This plan would give the
decision - makers ample time to
gather additional information about
the reuse potential of the building
and to acquire commitments from
possible users and funding sources.
A task force would be formed to
compile and analyze thisinformation
in order to provide a solid basis for a final decision.
The following individuals participated on the reuse
consulting team:
Rolf T. Anderson Mark S. Balay
Neal Casey Charles Leer
Stuart E. MacDonald Joan Mathison
Ann Pung - Terwedo Karen Rose
Stephen S. Russell Tim Stefan
Robert Vogel Scott Wende
Their efforts produced a planning document which
the Stillwater Area Schools has said is a key element in
their plans to find the proper disposition of the West
Wing. The reuse study also received high praise from
the Stillwater City Council.
The Preservation Alliance is very pleased to have
conducted this study and we are hopeful that a reuse
will be found. Yet, this study is like no other study of
its type conducted to date in that the West Wing was
neither vacant, under - utilized, or threatened with
demolition. For once, there was truly time to plan and
stra tegize.
Both the Stillwater Area Schools and the City of
Stillwater should be commended for their foresight in
initiating the reuse process long before a crisis began.
And this is certainly indicative of the way this commu-
nity views their cultural and historic resources. They
set a very fine example, and perhaps their efforts will
now inspire others throughout the state to integrate
historic preservation into the planning process. RA
The West Wing of the Stillwater Junior High School
Designation Continued from Page 5
interior has been extensively remodeled from original
coiRstruction.
Buildings of heritage in nineteenth century do town
Minneapolisjpresent product manufactu�re"and distri-
bution as the c' s regional role. The Soo Line building
carries this produ hipment aspect om the nineteenth
century, but the Ran •kid F &Mialong with the previ-
ously designated Foshayand North western Bell buildings,
reflect the city's growth an8` volving stature of service
distribution of the tw ptieth cen . This evolution from
brawn to brains has -been critical to overall growth of
Minneapolis, establishing a strong and 'verse economic
base which - fostered far reaching developrn.cnt of the arts,
education and technology, from which Min apolis has
given significant contribution to the national well being.
RR
6 Preservation Alliance of Minnesota
PUNCH LIST
STILLWATER, MINNESOTA
DOWNTOWN IMPROVEMENTS
SEH FILE NO. 89255.02
Signing and Pavement Marking
1. Street name sign missing at Third /Chestnut (street light
pole not installed).
2. Two "No Left Turn" signs are missing for westbound Myrtle at
Union Alley.
3. Left side stop sign is missing for northbound Water at
Myrtle.
4. "MTC" bus stop sign is not installed on the east side of
Water, south of Myrtle.
5. "Watch for Peds" sign is not installed for southbound Water
on the garbage enclosure south of Chestnut.
6. One "Watch for Vehicles" sign is missing on the west side of
the Water Street garbage enclosure, south of Chestnut.
7. On Chestnut between the railroad tracks and the bridge, the
following signing has not been done:
a. Replace the "No Parking Anytime" sign on the north side
with the "No Parking" symbol that faces east on the
south side wall.
b. Install "No Parking" symbol
light on the north side.
c. Install "No Parking" symbol
light on the south side.
on the decorative street
on the decorative street
d. Remove "Washington County" sign from
street light and turn over to Mn /DOT.
e. Install "No Left Turn" sign inplace of the
County" sign.
the decorative
"Washington
f. Relocate the "No Left Turn" sign on the south side from
the wall facing west to the pole facing east.
Install "No Parking" symbol on the south side facing
west back to back with the "No Left Turn" sign facing
east.
Punch List 1 of 3
8. Remove and salvage old stop sign and post at Elm /Main.
9. Install "Right Turn Lane" sign on Main Street at approximate
Station 45 +60.
10. Install "No Parking" sign on Main Street at approximate
Station 45 +60.
11. Remove sign post on Main Street at approximate Station
41 +40.
12. Install "Museum" sign for northbound Main Street at
approximate Station 39 +50.
13. Remove and salvage "30 Speed Limit"
Street at approximate Station 37 +60.
14. Straighten street name sign bracket on mast arm pole on the
southwest corner of Myrtle /Main.
15. Straighten street name sign bracket on mast arm pole on the
northeast corner of Main /Chestnut.
16. Southbound Main at Chestnut, replace 18" by 24" "No Stopping
or Parking" sign with 24" by 24" "No Parking or Stopping"
sign.
sign on northbound Main
17. Install two "No Parking" signs in south Main Street parking
lot at entrance to Andiamo parking lot.
18. Install "No Left Turn" sign on the northwest corner of
Main /Chestnut facing south.
19. Install "No Parking" sign on the north side of Mulberry at
Second Street.
20. Install "2 Hour Parking" sign on street light pole on the
north side of Commercial Street at approximate Station
11 +20.
21. Install "2 Hour Parking" sign on the south side of
Commercial Street at approximate Station 11 +50.
22. Straighten "No Parking" sign post west
between Chestnut and Myrtle.
23. Paint the fourth parking space on the
west of Main Street.
24. Street name signs missing on the
Main /Nelson.
Punch List
side of Second Street
south side of Nelson,
southwest corner of
2 of 3
25. Install "Loading Zone" and "2 Hour Parking" signs on the
south side of Nelson Street between Main Street and Water
Street.
26. Give the "No Parking Along Railroad Tracks" signs that were
to be installed on railroad right -of -way at Nelson Street to
the City for installation.
27. Remove and salvage old stop
Main Street.
28. On the north side of Nelson
"Loading Zone" sign to a 45
29. Remove and salvage "Do Not
Alley, south of Chestnut.
sign and post on Nelson Alley at
Alley at Second Street, turn the
degree angle.
Enter" sign and post on Union
30. On Union Alley north of Chestnut, remove
following:
and salvage the
a. West side "One Way" sign and post.
b. East side post.
c. West side "No Parking" sign and post.
31. On the east side of Union Alley near Myrtle, raise the "Two
Hour" sign on the wood pole to the proper mounting height.
32. On the north side of Chestnut, west of Main, turn the "2
Hour" and "30 Minute Parking" signs to a 45 degree angle.
33. Remove old street sign post at Water /Mulberry.
TAS /wrc
Punch List
3 of 3
iliwater
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: PLANNING COMMISSION
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 9, 1992
SUBJECT: COMPREHENSIVE PLAN REVIEW AND UPDATE.
The City Comprehensive Plan was adopted by the City in August 1979. Since that
time sections of the plan have been amended for the Downtown area (1988),
Brick Pond Area (1987), and West Stillwater Business Park (1989).
Specific areas have been examined and plan amendments made for portions of the
Comprehensive Plan area but the entire plan has not been reviewed since its
adoption thirteen years ago.
Recently, with the request for annexation by property owners of 400 acres
_adjacent to Stillwater on the west and the filling up of Stillwater
reside`nial areas, particularly Oak Glen and the Benson Farm, it is time to
review the Comprehensive Plan for changed conditions. Areas that will. receive
special emphasis include parks and open space planning, natural resources
protection, growth and staging of City expansion and economic development.
The Comprehensive Plan update is also required by the Metropolitan Council to
keep the City plan consistent with the Metropolitan Development and Investment
Framework.
The 1990 census and land use information will be used to track past City
growth and development and make projections regarding future growth. These
future growth projections will then be provided for the updated Comprehensive
Plan.
The Planning Commission will be the primary City committee working with Staff
on the Comprehensive Plan amendment. As needed, working committees will be
formed to consider special subject areas. Staff is currently gathering
information regarding existing conditions and trends and will be preparing a
report that will describe how the City has changed in the last thirteen years
and what are key issues that need to be considered in the Comprehensive Plan
update.
A work program and schedule will be presented at your next meeting.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 -439 -6121
Tubby Lohmer's
•
•
1826 Tower Drive West • Stillwater, MN 55082 • (612) 439 -3522
FAX (612) 439 -1446
Oct 7, 1992
Mayor Abrahamson & City Council:
As we get ready for a family trip tomorrow and clean up business before
departure, I was thinking "too busy" to write. However, given we are going
to D.C. to show our children "government and history," I'm reminded this
should be a priority.
I'd like to request that in the restructuring of the comprehensive plan
(esp. annexation /growth issues) there be some public hearing prior to the
city planner investing alot of time. As an employee of the city, and thus its
residents, I feel Mr. Russell should hear from more folks and make his
recommendations based on their input, not just professional principles. Yes, I
have a vested interest. I am a resident of Stillwater Township, but also a
business property owner in the city. I feel that these decisions on expansion
are vital and major...a crossroads juncture if you will. They will impact the
destiny of the town and the valley for generations.
Mr. Russell is very competent, but I think he should have input beyond his
limited personal experience and perspective (re. time in Stillwater). My fear is
that if-you -do not get the Gazette, you do not know what is happening. It is
much easier to input to a plan initially than try to amend after the fact. I'd
like to somehow see more public notice /awareness (newsletter or handout at the
polls ?),
Let the people decide this issue. I personally feel it is being proven every day
that "bigger is not better." ...not just philosophically or environmentally,
but financially. The taxpayers should no longer subsidize the profits of
developers on the murky proposition that their development is a "boon" for
existing residents. More schools, water, sewer, police, fire, traffic etc...
I simply do not buy it anymore. If it's not going to benefit the city
financially ( which on its own merits would not be justification alone) , I
certainly don't want to degrade the area aesthetically. Per capita taxes, demand
for services, and problems all seem to increase as a city grows, not decrease.
So what is the incentive for people who like things the way there are?
Thank You
Bob Lohmer
I'll Stop point made
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