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HomeMy WebLinkAbout1992-07-21 CC PacketAGENDA STILLWATER CITY COUNCIL • July 21, 1992 • REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL 7:00 P.M. GvAPPROVAL OF MINUTES - Regular & Recessed Meetings of July 7, 1992. Possible Correction to Minutes of June 16, 1992. '/STAFF REPORTS INDIVIDUALS & DELEGATIONS PUBLIC HEARINGS 1. This is the day and time for a Public Hearing to consider a Special Use Permit to conduct a 1,316 sq. ft. retail business, along with outside sales, at 501 No. Main St. located in the CBD, Central Business Dist., Case No. SUP/92-33, Stillwater Antiques, Applicant. Notice of the hearing was published in The Courier on July 16, 1992 and mailed to affected property owners. . This is the day and time for the continuation of the Public Hearing to consider a Variance for an existing six ft. high cedar fence (42 in. allowed), 21 ft. from the property line located at 623 W. Olive St. in the RB, Two -Family Residential Dist., Case No. V/92-21, Michelle Elliott, Applicant. Notice of the hearing was published in The Courier on May 21, 1992 and mailed to affected property owners. U)*FINISHED BUSINESS Possible second reading of Amendment to "Wild Animal" Ordinance. /3. Discussion of Disputed Height Variance for fence; Edstrom/Kalish, Case No. V/88-27. SAEDC Funding Request. 4. Update on McKusick Lake Trail. J4'EW BUSINESS L/1. Resubdivision of three lots into three lots of approximately the same square footage located at 603, 609 and 615 Co. Rd. 5 in the RA Single -Family Residential Dist., James & Geraldine Foley, Karen Jeffers and Raymond Christiansen, Applicants. 2. Update on Household Hazardous Waste Collection. 411 PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) 1 CONSENT AGENDA 1. Resolution 2. Application 3. Submission Mulvehill, 4. Submission 5. Submission Claimant. 6. Request for Banners by St. Croix Area United Chestnut & Union St;. - August 22 - Nov. 1 Main & Olive Sts. - Oct. 5 - Nov. 1. 7. Set Public Hearing date of August 4, 1992 for Cases: a. Case No. V/92-28 - Variance to the rear -yard setback requirements (20 ft. requested, 25 ft. required) for construction of a deck at 1203 No. Martha St. in thy? RB, Two -Family Residential Dist., Michael & Darlene Sampson, Applica.ts. b. Case No. SUP/92-29 - Special Use Permit to operate a three bedroom Bed & Breakfast at 801 W. Pine St. located in the RB, Two -Family Residential Dist,, Jon & Rita Graybill, Applicants. c. Case No. SUP/92-30 - Special Use Permit to operate a four bedroom Bed & Breakfast at 811 W. Pine St. located in the RB, Two -Family Residential Dist., Duane Arndt, Applicant. d. Case No. SV/92-3L - Street Vacation for the portion of W. Anderson St. between So. Greeley St. and So. Everett St. located in the RB, Two -Family ResidIntial Dist., Lakeview Memorial Hospital, Applicant. e. Case No. SUP/92-32 — Special Use Permit for an expansion of Lakeview Memorial Hospital along with additional parking and landscaping, located at 919 W. Anderson St., in the RB, Two -Family Residential Dist., Lakeview Memorial Hospital, Applicant. f. Case No. V/SUP/92-34 - Variance to the sideyard setback requirements (10 ft. required, approximately 2 ft. requested) and to the frontyard setback requirements (20 ft. minimum required, 4 ft. requested) along with a Special U;e Permit to operate a commercial lap swimming pool as part of an existing fitness club facility located at 110 So. Greeley St. in the RB, Two -Family Residential Dist., Heidi Rosebud, Applicant. g. Case No. SUP/92-35 - Special Use Permit to conduct an art studio business at 207 :io. Sixth St. located in the RB, Two -Family Residential Dist., Steve Sal,?k, Applicant. h. Case No. ZAT/92-2 - Zoning Ordinance Amendment for Chap. 31, Subd. 27, regarding Politi,:al Signs, City of Stillwater, Applicant. Directing Payment of Bills (Resolution No. 92-149) s (List :o be supplied at meeting). of Claim to Ins.Co. for damage from drainage problems, Patrick Claimant, of Claim to Ins.Co., damage to car, Jerri Jo Lang, Claimant. of Claim to Ins. Co., injuries from fall, Julia Hoven, Way: the following Planning COUNCIL REQUEST ITEMS i STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS 1. LaVonne McCombie, Village of No. Hudson - Request for City participation in control of noise violations on the St. Croix River. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT Possible Adjournment to Executive Session. 2 • REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 7, 1992 4:30 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: Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Public Works Director Junker Public Safety Director Beberg Building Inspector Zepper City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette None STAFF REPORTS • 1. Finance Director - Capital Outlay Adjustments Ms. Deblon reported on the adjustments that have been made to the fund so far this year. 2. Police Chief -. Resignation of Parking Enforcement Officer, Mahr Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to accept the resignation of Gail Mahr as Parking Enforcement Officer and to offer the position to the next person on the candidate list, Stuart Glaser. (All in favor). Employment of Stuart Glaser as Parking Control Officer Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to adopt the appropriate resolution employing Stuart Glaser as Parking Control Officer, contingent on his acceptance of the position and passing a physical exam, effective July 27, 1992 at a rate of $1,490 per month. (Resolution No. 92-148) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Public Works Director - Stillwater City Council July 7, 1992 Regular Meeting Minutes Discussion of the Drainage Problems on the Mulvehill Property on Myrtle St. Mr. Junker initiated discussion of this problem and it was explained that a new, larger storm sewer should be constructed. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution ordering a Feasibility Study for the Myrtle St. Drainage Project, L.I. Z84. (Resolution No. 92-143) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 4. Community Development Director - Gift from Betty Tuenge for Lowell Pk. Fountain Motion by Councilmember Funke, seconded by Councilmember Farrell to accept the $1,000 donation for a new fountain for Lowell Park from Betty Tuenge and directing Staff to write a letter of thanks. The money will be placed in the Park Fund, designated fc-r a fountain in Lowell Park. (All in favor). Special Council Meeting with Parking Task Force on July 14 Council directed that a Special Meeting be scheduled with the Parking Task Force Committee at 4:30 P.M. on July 14, 1992. Request for Public hearing for Special Use Permit on July 21 Council directed that Planning Case No. SUP/92-33, request for Special Use Permit for retail use at 501 No. Main St. be scheduled for a public hearing on July 21, 1992. Metropolitan Council Population Forecasts Motion by Councilmember Farrell, seconded by Councilmember Bodlovick directing the Community Development Director to communicate with the Metropolitan Council regarding their projection of employment forecasts for the next thirty years. (All in favor). Set Public Hearing for Lowell Park Preliminary Plan Council directed that a Public Hearing be scheduled for 7:00 P.M., July 28, 1992 to discuss the Preliminary Plan for Lowell Park/Levee Wall Improvement. 5. Consultin q� Engineer - Review of Drainage Problems on Johnson Drive Motion by Councilmember Funke, seconded by Councilmember Farrell to authorize the City's Consulting Engineers, SEH, to review the drainage problems at a new home on Johnson Drive. (All in favor). Quotes for Brick Alley Parking Lot 2 • Stillwater City Council Minutes • July 7, 1992 Regular Meeting Consulting Engineer Moore presented quotes for repaving the Brick Alley Parking Lot. He will give copies of these costs to Council and Staff for further review. 6. Building Inspector - Gardner Brothers Construction Mr. Zepper stated the permits were being held up for this development until the elevations are adjusted. Issuance of Building Permits at Highlands of Stillwater, Phase 2 Council authorized issuance of these permits. 7. City Clerk - Optiscan Voting Equipment Motion by Councilmember Farrell, seconded by Councilmember Funke to adopt the appropriate resolution authorizing the use of the Optical Scan Voting System in the City of Stillwater, commencing with the Sept. 15, 1992 Primary Election. (Resolution No. 92-144) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None • RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adjourn the meeting at 5:15 P.M. (All in favor). ATTEST: CITY CLERK MAYOR Resolutions: No. 92-143 - Feasibility Study for L.I. 284, Myrtle St. Drainage Project. No. 92-144 - Authorizing Optiscan Voting Equipment for City Elections. No. 92-148 - Employment of Stuart Glaser as Parking Enforcement Officer. • • • RECESSED MEETING STILLWATER CITY COUNCIL MINUTES July 7, 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: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Consulting Engineer Peters Ass't.Planning Comm. Chair Valsvik City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Others: Linda Hinz, Mike Robinson, Scott Zahren, Lyle Doehr, Richard Chilson, Maria Canelake, Art Palmer, Mr. & Mrs. Orthmeyer, Karl Ranum, Richard Kilty, Monty Brine, Phil Barbatsis, David Smith, Patrick Mulvehill, Garfield Clark, Dennis Breu. APPROVAL OF MINUTES Motion by Council Funke, seconded by Councilmember Farrell to approve the minutes of the Regular Meeting of June 16, 1992 as presented. (All in favor). Motion by Councilmember Bodlovick, seconded by Councilmember Funke directing the City Clerk to review the minutes of the June 16, 1992 Meeting as it pertains to the comments made by resident, Mike Robinson, in regard to liquor licenses, and make a recommendation to Council for correction. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Edstrom/Kaylish Fence Dispute Jerry Kaylish, 225 W. Hazel St., was present to ask City help in resolving the dispute between he and his neighbor in the construction of a fence by Mr. Edstrom, who was granted a height variance for construction of the fence of eight ft. The fence was constructed at a height of nine & one-half ft. Council directed that discussion on this item be continued until the July 21 meeting and requested Building Official Zepper to be present. 2. Robin Eichers - Discussion of Wild Animal Ordinance Council informed Ms. Eichers that this item will be rescheduled for the July 21 meeting. Ms. Eichers also added her comments that this ordinance 1 Stillwater City Council Minutes July 7, 1992 Recessed Meeting is unfair and she w<<s harassed by City officials in Stillwater because she had a bobcat and wolf with her when visiting the City. 3. L.I. 282, Green Twic_i Way Re -Advertisement for Bids Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution Ordering Re -advertisement for Bids for L.I. 282, Green Twig Way. (Resolution No. 92-145) Ayes - Councilmembers Badlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None PUBLIC HEARINGS 1. This is the day and time for the Public Hearing to consider a Variance to the approved sign program for an internally illuminated 4 ft. x 8 ft. box sign located in the River Heights Auto Repair Mall, 14366 No. 60th St., in the Bus. Pk. Comm. Uist., Case No. V/92-24, Croix Valley Glassworks, Applicant. Notice of the hearing was published in The Courier on June 25, 1992 and mailed to affected property owners. • Ass't. Planning Comm. Chair Valsvik summarized the case, stating that this is a modification to the approved sign program for a shopping center to allow an internally illuminated box sign with proposed 32 sq. ft. (25 ft. is allowed). The Panning Commission approved the request with the detail to be worked out by the Comm. Dev. Director. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the request for a Variance 1:o the approved sign program for an internally illuminated 4 ft. x 8 f . box sign located in the River Heights Auto Repair Mall, 14366 No. 60th St , in the Bus. Pk. Comm. Dist., as conditioned, Case No. V/92-24, Croix Vall y Glassworks, Applicant. (All in favor). 2. This is the day and time for the Public Hearing to consider a Variance for setback requirement for construction of a screened porch 14 ft. from the corner street (30 f.. required), located at 212 Deerpath in the Single - Family Residential Dist., RA, Case No. V/92-25, Michael & Beverly Witt, Applicants. Notice of the hearing was published in The Courier on June 25, 1992 and mailed to affected property owners. Mr. Valsvik explained that the house is on the corner facing a cul-de-sac. Normally, the porch would be out too far from the house, however, because it is on a cul-de-sac, this does not matter. The Planning Commission approved the request. Mayor Abrahamson closed the public hearing. 2 • Stillwater City Council Minutes • July 7, 1992 Recessed Meeting Motion by Councilmember Bod_lovick, seconded by Councilmember Funke to approve the request for a Variance for setback requirements for construction of a screened porch 14 ft. from the corner street (30 ft. required), located at 212 Deerpath in the Single -Family Residential Dist., RA, Case No. V/92-25, Michael & Beverly Witt, Applicants. (All in favor). 3. This is the day and time for the Public Hearing to consider a Building -Moving Permit to move a two -stall garage from St. Paul, Mn., to 726 W. Linden St. (Lot 10, Blk.10 of Sabin's Add.) located in the RB, Two -Family Residential Dist., Case No. BM/92-26, Richard Orthmeyer, Applicant. Notice of the hearing was published in The Courier on June 25, 1992 and mailed to affected property owners. Mr. Valsvik stated the Council approved the Permit for a garage to be built and since then the applicant has decided to move a garage. The Planning Commission approved the request with conditions. Karl Ranum, an adjacent property owner, stated his concern is that the oak trees in the area will not be disturbed. He does not object to the garage. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Farrell to approve the request for a Building -Moving Permit to move a two -stall garage from St. Paul, Mn., to 726 W. Linden St. (Lot 10, Blk.10 of Sabin's Add.) located in the RB, Two -Family Residential Dist., as conditioned with inspection of the building by the Building Official, Case No. BM/92-26, Richard Orthmeyer, Applicant. (All in favor). 4. This is the day and time for the continuation of the Public Hearing to consider a Variance for an existing six ft. high cedar fence (42 in. allowed), 21 ft. from the property line located at 623 W. Olive St. in the RB, Two -Family Residential Dist., Case No. V/92-21, Michelle Elliott, Applicant. Notice of the hearing was published in The Courier on May 21, 1992 and mailed to affected property owners. Mr. Valsvik stated this request is for approval of a variance for an existing six ft. high fence, 21 ft. from the property line. The Planning Commission approved the fence. Ms. Elliott constructed the fence because she owns large dogs. Mayor Abrahamson closed the public hearing. Further discussion by Council and Staff followed which included construction of the fence prior to obtaining a permit and question of "double fees". Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to continue the request for a Variance for an existing six ft. high cedar fence (42 in. allowed), 21 ft. from the property line located at 623 W. Olive St. in 3 Stillwater City Council Minutes July 7, 1992 Recessed Meeting the RB, Two -Family Residential Dist., until the July 21, 1992 Meeting with input from the Building Inspector, Case No. V/92-21, Michelle Elliott, Applicant. (All in favcr). 5. This is the day and time for the Public Improvement Hearing for Gloves Addition, L.I. 283 to consider the making of an improvement consisting of sanitary sewer, wat-rmain, storm sewer, street construction & appurten- ances, located west of Greeley St., north of W. Orleans St. and bounded by the Highlands of Stillwater Addition on the west and north. Notice of the h:aring was published in The Courier on June 25 and July 2, 1992 and mailed 'o affected property owners. Mayor Abrahamson re property owner, who the improvements be of his property wou their cost would su are closer to the i d a letter submitted by Frank Rheinberger, an adjacent was unable to attend the meeting. He is opposed to ause the runoff would affect his property, the value d not be increased proportionately to the cost and sidize the cost of other property owners because they provements. Scott Grover, initi<tor of the improvements, stated that Charter Oaks would grant an easement. Whatever is destroyed in the construction would be replaced and the runoff situation was addressed in the plans. The proposed improvement was explained by Consulting Engineer Peters who stated the cost of the improvement is $97,535.00 which would be spread over seven lots. Sandy Gentner, 1301 W. Orleans St., stated her lot is quite a distance from the project and her concern is ability to pay for the improvement. She asked how long She has before she has to hook up to utilities. Scott Grover stated that the value on the lots will increase with the improvements and the lots would become buildable which is not the case at this time. Joan Norman, 1281 W. Orleans, stated they would like to keep it the way it is, but will have to do something because they are having sewer problems, although they can't afford it. She is also concerned about the water run-off. Scott Grover stated he talked with the adjacent property owners, City Planner, and City Engineer before purchasing the property and asked if anybody would oppose it, which they did not. Now they have changed their minds. Mayor Abrandmson closed the public hearing. 4 Stillwater City Council Minutes July 7, 1992 411 Recessed Meeting • • Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution ordering the improvement for L.I. 283, Gloves Addition and directing the Consulting Engineers to prepare plans and specs. (Resolution No. 92-146) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Motion by Councilmember Opheim, seconded by Councilmember Funke to establish a fifteen -year assessment period on an amortization basis and exempt the one individual from mandatory hook-up until such time as their present system fails for L.I. 283, Gloves Addition. (All in favor). 6. This is the day and time for the continuation of a Public Hearing to consider whether the City shall hold a referendum to decide whether or not to issue intoxicating liquor licenses over the number permitted by law, at the Primary Election on September 15, 1992. Notice of the hearing was published in The Courier on June 4, 1992, the Stillwater Gazette on June 4, 1992, the St. Croix Valley Press on June 10, 1992 and mailed to affected persons. Monty Brine read a letter from the Stillwater Liquor Retailers Ass'n. stating their concerns about a liquor referendum to increase number of licenses, since the City already is over the limit allowed by State Statute. They asked Council to limit referendums to the General Election only and that each license should be integral to a full-service, year -around food service. Garfield Clark, representing the owner of the River Heights Plaza stated they would like this issue placed on the ballot and increased by at least one for the Highway 36 area. He stated there is a large space for sale there and maybe some people downtown would think about moving to that area if a liquor license was available. Dave Smith, owner of Hidden Valley Lounge, would be willing to sit down and negotiate with anyone who would like to buy his license. Mike Robinson stated there is value connected with a liquor license and suggested the Council consider sale of the liquor licenses, using the money for an alcohol rehab program and recreation programs. City Coordinator Kriesel stated there is a set fee for liquor licenses in the City and the City can't sell them. Art Palmer, of the Lowell Inn, suggested that if the City has a referendum, they might consider putting two questions on the ballot in order to find out more about what the citizens think about liquor 5 Stillwater City Council Minutes July 7, 1992 Recessed Meeting operations -- would the citizens like a "cap" put on liquor licenses for the City and would they advise the Council to issue liquor licenses on specific requests and not have extra licenses on the shelf. Phillip Barbatsis, St. Croix Club, agreed with the letter read from the Liquor Retailer's Ass'n. and stated that the business people in downtown operate responsibly and pretty much control the liquor that goes out. If there is more booze on the street, it will be harder to control problems. Mayor Abrahamson cicsed the public hearing. Council discussion followed and included a previous referendum where a license was to be held for the Industrial Park; proceeding with a referendum and letting the citizens decide if there are two many bars; and designation of a license for a particular location. It was explained that a full service estatlishment is one that serves at least two meals a day. Mr. Robinson commented on State Statutes as they pertain to percentage of food served with liquor licenses and Councilmember Opheim stated this pertains to Sunday "icenses. City Attorney Magnuson explained the procedure for moving licenses from one location to ano.her. The license is tied to the location with some licenses tied to a building because investors have investment backed expectations of continued operations where they have spent substantial sums for putting in a bar. Discussion also followed regarding making a decision on where the licenses will go before the referendum. Mr. Magnuson stated the Council could adopt a resolution restricting how the license is used, bu.: this could later be changed. Motion by Councilmember Funke for denial of a Liquor Referendum for the Sept. 15 Primary Electi m. Motion failed for lack of a second. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to place a question on the Nov. 3, 1992 General Election ballot as to whether the City should grant one additional liquor license which shall be designated for one full-service restaurant in the River Heights Plaza Center. (Ayes - 4; Nays - 1, Councilmember Funke). Council recessed for ten minutes and reconvened at 9:10 P.M. UNFINISHED BUSINESS 1. Possible second reading of Amendment to "Wild Animal" Ordinance. The amendment to the "Wild Animal Ordinance" was tabled until the July 21, 1992 meeting. 2. Update on Downtown parking and request for Special Meeting on Parking. 6 • Stillwater City Council Minutes 411 July 7, 1992 Recessed Meeting • This item will be discussed at a Special Meeting on July 14, 1992. 3. Review Modifications to the Landscape Plan for the Law Enforcement Center/Parking Structure. Mayor Abrahamson reported that Mr. Russell has met with the County in regard to modifications for the Government Center landscape plan and stated that the County plans have gone beyond the requests of the neighbors. The Council agreed that Mr. Russell could work with the County and people of Oak Park Heights on this plan. 4. Update on Lowell Park/Levee Wall planning. A public hearing is scheduled for July 28, 1992 on this item. NEW BUSINESS 1. Request for interest in sale of land leased by the City from Burlington Northern. Motion by Councilmember Farrell, seconded by Councilmember Opheim directing Staff to work with the Burlington Northern for the possible purchase of land adjacent to Lowell Park and just south of Mulberry St. (All in favor). 2. New Preliminary 1990-2020 population forecast for Stillwater. It was noted that Mr. Russell was authorized by Council to work with the Metro Council regarding employment forecasts for the City. 3. SAEDC Funding Request. It was reported that the SAEDC request for funding will be considered at the July 21 meeting. 4. Possible approval of proposals to conduct ADA Assessment. Motion by Councilmember Opheim, seconded by Councilmember Funke to accept the quotes of Peter Racchini & Assoc. and Meyer, Scherer & Rockcastle, Ltd. for surveys of certain municipal buildings for assessing compliance with the American Disabilities Act. (All in favor). 5. Request by Coast Guard Auxiliary to lease Kolliner Park. Bob Clark, a member of Flotilla 1-4 Coast Guard Auxiliary, was present to request a long-term lease for the property across the river known as Kolliner Beach on which they would like to place a radio station. Discussion followed on the restrictions placed on the use of the property and being in compliance with the Boundary Waters Commission, DNR and other groups. Also, it was suggested to review whether the Rowing Club is still using that property. Richard Kilty, 118 W. Oak St., suggested that this request is a good time for the City to get rid of the property -- perhaps give it to the Coast Guard. 7 Stillwater City Council Minutes July 7, 1992 Recessed Meeting Motion by Councilmember Opheim, seconded by Councilmember Funke directing Staff to work with St. Joseph's Township, St. Croix Co., the DNR and others in developing a plan for the Coast Guard Auxiliary to use Kolliner Park for a radio station. (All in favor). 6. Possible first reading of an ordinance annexing city owned land adjacent to Northland Park. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to have a first reading, by title, of an Ordinance for annexation of certain City owned lands, adjacent to the Croixwood area, with notification of Stillwater Township. (All in favor). STAFF REPORTS (Continued) Extension of Sanitary Sewer to Southeast Area Dennis Breu, 1318 Third Ave. So., was present to request extension of sewer to his property or a letter from the City authorizing his hook-up to the Oak Park Heights sewer line. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution directing the Consulting Engineers to update a Feasibility Study for extension of sanitary sewer to the Southeast Area, L.I. 285; and evaluate whether it is feasible to proceed with one hook-up vs. the entire area. (Resolution No. 92-147) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Discussion of Drainage Problems at 301 W. Myrtle St., Patrick Mulvehill Mr. Mulvehill was present to inquire about the City's resolution of this problem and it was explained that a Feasibility Study was ordered. COUNCIL REQUEST ITEMS Discussion of Attorney General's Review of Garbage Contract Mayor Abrahamson initiated discussion of this item, expressing his disappointment in the way in which the Attorney General's Office has handled the investigation. City Attorney Magnuson summarized the proceedings to date. PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) Staples Field Mike Robinson, 820 No. 4th St., asked if any improvements had been made to Staples Field, which he inquired about at the last meeting. Council and Staff replied this has not been taken care of yet. Mr. Robinson also requested a Port '0 Potty for that park and this will be communicated to the Parks Dept. 8 Stillwater City Council Minutes July 7, 1992 411 Recessed Meeting • CONSENT AGENDA Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve the Consent Agenda of July 7, 1992, including the following: (All in favor). 1. Directing Payment of Bills. (Resolution No. 92-142) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses: Bor-Son Construction General Contractor Renewal 2001 Killebrew Drive, #141 Bloomington, Mn. 55425 Commercial Roof Maint., Inc. Roofing New 301 Laurie Ct. Stillwater, Mn. 55082 Dakota Fence of Minnesota, Inc. Fencing Renewal 3480 Upper 149th St. W. P.O. Box 18 Rosemount, Mn. 55068 Electric Sign & Lighting, Inc. Sign Erection New 11328 Zane Ave. No. Champlin, Mn. 55316 Landry Landscaping Landscapers Renewal RFD #2, Box 501 Somerset, Wi 54025 Midwest Roofing Co. Roofing Renewal 829 E. 7th St. St. Paul, Mn. 55106 Ron -Son Contracting Excavators Renewal 7224 Fremont Ave. No. Brooklyn Center, Mn. 55430 Rumpca Sewer & Water, Inc. Excavators Renewal 700 Pullman Ave. St. Paul Park, Mn. 55071 3. Submission of Claim to Ins. Co. - Greo Johnson, damage to vehicle. 4. Request for Banner on Main St.- AAUW Valley Antique Show, Sept. 5 - 20. 9 Stillwater City Council Minutes July 7, 1992 Recessed Meeting 5. Request for temporary on -sale liquor licenses for Music on the Waterfront. 6. Request for peddlers license, The Southwestern Co., James Gaines applicant. COMMUNICATIONS/FYI 1. Dennis McKean, Water Board - River Valley Athletic Club request to lease property from Water Board. Council took note of this letter. 2. Richard T. Jeans, Fairview Cemetery Ass'n. - Concerns regarding deterioration of sidewalk. Don Valsvik, a representative of the Cemetery Ass'n. stated the sidewalk is in bad repair. Council requested the Public Works Director check into this item and get some quotes for repair by the next meeting. STAFF REPORTS (Continued) Repair of Restroom at Pioneer Park Council directed that another quote be obtained. Discussion of Quotes for South/Brick Alley Parking Lot Discussion followed regarding authorization to obtain quotes for this project. Political Sign Ordinance Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to have a first reading, by title, of an amendment to the Political Sign Ordinance. (All in favor). COMMUNICATIONS (Continu&d) 3. Wm. M. Crawford, MnEOT - Regarding Stiliwater's support for South Corridor River Bridge. Council noted this communication. 4. Letter from Patrick Mulvehill regarding property at 301 W. Myrtle. Council took note of this letter. ADJOURNMENT Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adjourn the meeting at 10:16 P.M. (All in favor). MAYOR 10 • Stillwater City Council Minutes • July 7, 1992 Recessed Meeting i ATTEST: CITY CLERK Resolutions: No. 92-142 - Directing Payment of Bills. No. 92-145 - Readvertisement for Bids - L.I. 282 - Green Twig Way. No. 92-146 - Order Improvement for L.I. 283, Gloves Addition. No. 92-147 - Feasibility Study for L.I. 285, SE Area Sanitary Sewer. 11 MEMO TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: JULY 14, 1992 SUBJECT: CORRECTION TO MINUTES OF JUNE 16, 1992, RE: MIKE ROBINSON'S COMMENTS. First of all, I'd like to give a clarification on how I do the minutes. They are a summary of what has been said with the motions pretty much as Council stated. Generally, when a person speaks at a meeting, I like to include his address. Mr. Robinson did not identify himself, although I knew his name because he had been in the office previously. He did say at one point that he was from Florida. I learned from other Staff, Tim Thomsen, that he was a fairly new resident -- he has been here a couple of months, so that was the identification I used. He did not actually say this. Following are his words pretty much as they were picked up from the tape. The tape happened to be bad because a microphone was being fixed, so I couldn't pick up all the words: Mike Robinson: Excuse Me -- I didn't come to speak on this issue, but ..It seems to me Mpls. has unlimited number of licenses - is that right? But, per capita, ... what is the largest per capita and then as the Mayor said ... combined, you're thinking money -- How are are these taken out? ., and in other states it is done by lottery, you know, it is political -- this is a very valuable commodity -- you're saying "Here you are, welcome to Stillwater", There were a few other comments regarding the dispersal of liquor licenses being a "political decision I would recommend the minutes be changed as follows: "Mike Robinson added his comments regarding dispersal of liquor licenses. He also asked how the licenses would be given out. Councilmember Opheim stated an application would be made and the fee is the same for everyone. ATEC Environmental Consultants Division of ATEC Associates, Inc. 23 Empire Drive St. Paul, Minnesota 55103 [612] 227-2670, FAX # [612] 223-8413 July 15, 1992 SEH 3535 Vadnais Center Drive St. Paul, MN 55110 Attn: Mr Richard E. Moore, P.E. Re: Proposal/Cost Estimate Quarterly Groundwater Sampling Myrtle/Mulberry Street, East of Water Street City of Stillwater ATEC # 55-07-91-07550 Dear Mr. Moore: Solid & Hazardous Waste Site Assessments Remedial Design & Construction Underground Tank Management Asbestos Surveys & Analysis Hydrogeologic Investigations & Monitoring Analytical Testing/Chemistry Industrial Hygiene/Hazard Communication Environmental Audits & Permitting Exploratory Drilling & Monitoring Wells RECEIVED SHORT ELLIOTT HENDRICKSON, INC. JUL 16 1992 SI PAUL ATEC Environmental Consultants (ATEC) recommends that a second set of groundwater samples be collected from the groundwater monitoring wells at the above referenced site. The previous chemistry results indicated that fuel oil components have impacted groundwater in monitoring wells MW -3 (42 parts per million [PPM]), and MW -2 (22 PPM). All other target parameters were non -detect. The Minnesota Pollution Control Agency (MPCA) will require at a minimum that the monitoring wells be sampled a second time before a site is considered for closure. Considering the low concentrations detected for total hydrocarbons as fuel oil (THFO [no current cleanup standard for THFO]), and the non -detect status of the remaining target parameters (which have cleanup criteria), the additional round of groundwater analyses (if non - detect or low THFO concentrations) may be sufficient to secure site closure. ATEC estimates that the cost to sample, analyze, and report the results to the MPCA will not exceed $1690.00. A cost estimate detail is attached. Please note, the Minnesota Department of Health (MDH) has stated that the monitoring wells at the site should be extended approximately 20 feet in the air to meet a state requirement that specifies that the top of the well riser must extend above the highest known flood elevation for the site. Three options are available; (1) sample the monitoring wells and achieve site closure (so that the monitoring wells can be abandoned), (2) apply for a variance with the MDH (This has been discussed with the MDH, but will result in a point reduction against the drillers license), or (3) extend the well risers and protective casings to an elevation that exceeds the highest known flood elevation. This would make sampling of the wells very difficult. Any of the above options would not be at any additional cost to the City of Stillwater. The MDH unfortunately does not take a reasonable approach when enforcing their regulations. The intent of the law is to prohibit lower aquifer contamination from surface flooding. At the study site, the monitoring wells are screened in the surficial aquifer which is the aquifer that would be flooding. A Subsidiary of American Testing and Engineering Corporation Consulting Environmental, Geotechnical and Offices in Major U.S. Cities/Since 1958 Materials Engineers In regards to the new petrofuid requirement for seeking two bids for additional phases of work at a remediation site (effective December 1, 1991), ATEC had previously submitted costs to the City of Stillwater for quarterl monitoring in ATEC's proposal dated September 9, 1991. This quote should be sufficient fo supplying a bid before the December 1, 1991 date. ATEC will verify this status by calling t e Minnesota Department of Commerce Petroboard at 297-4017. The costs associated with the roundwater monitoring and monitoring well abandonment are also eligible for petrofund reimbt,rsement. If site closure is approved by the MPCA, ATEC, if authorized, will abandon the monitoring wells in accordance with the MDH guidelines, and prepare a final petrofund reimbursement application. Costs for completing this work are included on the attached cos: worksheet. Technically, a second bid should be received (for Petrofund purposes) for abandoning the groundwater monitoring wells. If you have any questions regarding the above information please contact me at 645-9520. ATEC could schedule the monitoring well sampling within five days of receiving written authorization. All work will be completed in accordance with the City of Stillwater and ATEC's previously accepted terms and conditions. Sincerely, ATEC Environmental Consultants Mark S. Mason District Manager MSM/ak Enclosure • • • • Submitted By: ATEC 1479 Energy Park Dr. St. Paul, MN 55103 Task Description Field Technician Sample Monitoring Wells Milage Sampling Supplies Chemistry Analysis Total Hydrocarbons as Fuel Oil BETX COST WORKSHEET CITY OF STILLWATER Stillwater, Minnesota ATEC #550 Project Management/Report Prep. Project Management Report Preparation Clerical Abandon Five (5) Monitoring Well Project Management Staff Professional Well Abandonment Prepare a Petrofund Application Project Management Staff Professional Clerical 15 -Jul -92 Unit Unit Cost Estimate Category $415.50 8.0 Hours $45.00 $360.00 30.0 Miles $0.35 $10.50 1.0 Each $45.00 $45.00 5.0 Each $90.00 $450.00 5.0 Each $80.00 $400.00 $850.00 $421.00 2 Hour $65.00 $130.00 5 Hours $55.00 $275.00 0.5 Hour $32.00 $16.00 Subtotal $1,686.50 2 Hour 3 Hour 1 L.S. 2 Hour 5 Hour 1 Hour $65.00 $55.00 $747.50 $65.00 $55.00 $32.00 $130.00 $165.00 $74750 $130.00 $275.00 $32.00 Subtotal Total $1,042.50 $437.00 $1,479.50 $3,166.00 • RESOLUTION NO. 92-f :) REAPPORTIONMENT OF SPECIAL ASSESSMENTS ON PARCEL NO. 11159-2050 Whereas, the City Council of the City of Stillwater has previously approved a subdivision of Parcel No. 11159-2050; and Whereas, the property owner has requested a reapportionment of special assessments on Parcel No. 11159-2050; and Whereas, it is the policy of the City Council of the City of Stillwater to reapportion assessments in conjunction with a subdivision; and Whereas, the balance of special assessments outstanding as of December 31, 1992 for Parcel No. 11159-2050 is as follows: L.I. 157 L.I. 218 L.I. 250 L.I. 273 $29,570.28 386.32 3,975.70 18,956.38 $52,888.68 Now, Therefore, Be It Resolved by the City Council of the City of Stillwater that the special assessments outstanding for Parcel No. 11159-2050 shall be reapportioned as follows: Remainder of Parcel A Parcel B Outlot B Total L.I. 157 $ 9,802.45 $1,069.14 $18,698.69 $29,570.28 L.I. 218 80.20 30.09 276.03 386.32 L.T. 250 826.15 310.10 2,839.45 3,975.70 L.I. 273 0 0 18,956.38 18,956.38 Totals $10,708.80 $1,409.33 $40,770.55 $52,888.68 Adopted by Council this 21st day of July, 1992. Attest: City Clerk Mayor 1 • • i MEMORANDUM TO: Mayor and City Council FR: Diane Deblon, Finance Director DA: July 17, 1992 RE: UTILITY BILL ADJUSTMENTS The following are requests for and recommendations made for utility billing adjustments: Description Recommendation 1. Leaky toilet and leaky faucets Adjust future quarter to have been fixed. prior two year average of 39 gal/qtr. 2. Broken water pipe was fixed on Adjust April 1992 and March 10, 1992. future billing to prior three year average of 9 gal/qtr. Date July 1-94 Apr. 1-94 Ian. 1-94 Jct. 1-93 July 1-93. Apr. 1-93 Jan. 1-93 Jct. 1-92 July 1-92 Apr. 1-92(... Ian. 1-92 Dd. 1-91 July 1-91 pr. 1-91 Jan. 1-91 )ct. 1-90 July 1-90 Remarks 20 Reading Difference 5 v ,i • ":5 I j .3L1 Date July 1-90 Apr. 1-90 Jan. 1-90 Oct. 1-89 July 1-89 Apr. 1-89 Jan. 1-89 Oct. 1-88 July 1-88 Apr. 1-88 Jan. 1-88 Oct. 1-87 July 1-87 Apr. 1-87 Jan. 1-87 Oct. 1-86 July 1-86 Remarks .'J J 601 Reading J4. C, 20 5 J'- Difference r;,1'• Zit 20 /:j t -?f •',) J J • • • • Date iuly 1-90 fpr. 1-90 ran. 1-90 )ct. 1-89 luly 1-89 fpr. 1-89 tan. 1-89 )ct. 1-88 88 %pr. 1-88 ,an. 1-88 rct. 1-87 uiy 1-87 \pr. 1-87 an. 1-87 Jct. 1-86 ;iiy 1-86 Remarks --4 Inn IReading Difference o g IoQ'7I to6d 1..,,,,r. e7!1 Date July 1-94 Apr. 1-94 Jan. 1-94 Oct. 1-93 July 1-93 :`; Apr. 1-93 y :+ Jan. 1-93 Oct. 1-92 July 1-92 Remarks Reading Io 10 101-92 Jan. 1-92 Oct. 1-91 July 1-91 Apr. 1-91 Jan. 1-91 Oct. 1-90 July 1-90 4 /1 l Difference 1 7 MEMORANDUM • TO: Mayor and City Council FR: Diane Deblon, Finance Director DA: July 17, 1992 RE: L.I. 257 UPDATE At your last meeting, the City Council requested an update on the financial status of the downtown plan. A detailed schedule is attached to this memo. A recap of the project shows estimated total expenditures at $7,466,600.24 and estimated revenues at $7,344,412.04 creating a shortfall of $122,188.20. Consideration should be given to the fact that most of these numbers are still estimates at this point in time. As part of this review, the City Council wanted to look at the possibility of paving the Brick Alley, I would not recommend adding this project at this time. • `)OWNTOWN PLAN FINANCING UPDATE JULY 17, 1992 "REVISED ESTIMATE" Major Changes from Revenue Prior Update MNDOT $1,254,668.73 MSA 345,415.41 Water Board 65,000.00 MSA 61,467.90 Bonding 5,295,360.00 Pollution Reimbursement 94,500.00 Infrastructure Reserve 123,000.00 Interest Income 105,000.00 $7,344,412.04 Expenditures +80,000.00 +61,467.90 +94,500.00 Johnson Brothers $5,500,000.00 +507,549.32 SEH 790,000.00 +125,530.56 Parking Lots 160,838.15 +15,002.87 Legal 44,757.00 +5,000.00 Kirchner Appraisals 20,000.00 -10,000.00 Benches/trash receptacles 21,915.00 Shuttle Bus 23,000.00 NSP 527,500.00 +6,000.00 Tank removal/cleanup 50,000.00 +30,000.00 Railroad Crossings 63,531.00 Landscaping 8,356.09 +8,356.09 Banners/Flags 11,477.40 +11,477.40 Fence 5,100.00 +5,100.00 Chili Kute Repairs 100,000.00 +100,000.00 Pollution Cleanup 55,000.00 -95,000.00 Other professional services 57,141.39 Traffic Direction 4,925.44 Miscellaneous 23,058.77 +3,182.85 Total $7,466,600.24 • • RESOLUTION 92- % S� CORRECTING THE SPECIAL ASSESSMENT FOR LOCAL IMPROVEMENT NO. 257 "DOWNTOWN IMPROVEMENT" RE: PARCEL NOS. 10692-2550, 10692-2600 AND 10692-2650 Whereas, an assessment appeal was filed regarding these properties for Local Improvement 257; and Whereas, the City of Stillwater has reached and signed an agreement with the property owners for the special assessments levied on the parcels for Local Improvement 257; and Whereas, the City of Stillwater and the property owners have agreed upon the benefit derived from the assessment in the amount of $8,881.05. Now, Therefore, Be it Resolved by the City of Stillwater that the special assessment for Local Improvement 257 that constitutes the agreement between the City of Stillwater and the property owner shall be as follows: 10692-2650 - $ 0 10692-2550 - $8,881.05 10692-2600 - $ 0 Adopted by the City Council of the City of Stillwater this day of June 1992. Attest: city clerk Mayor • ater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 16, 1992 SUBJECT: RESUBDIVISION OF LAND AT 615, 609, AND 603 COUNTY ROAD #5 The City has received a request to adjust the lot lines to conform to development of the lots. The resubdivision will not result in any change in development but conform to existing conditions. No zoning requirements will be affected by the resubdivision. RECOMMENDATION: Approval. ATTACHMENTS: - Application - Legal Descriptions - Deeds CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 CASE NO. Case Number Feo Paid Date Filed ___76/5,71-' r PLANNING ADMINISTRATIVE FORM Street Location of Proporty: Legal Description of Property: See attached Survey by. Surveyor Joel Anez Owner: Name er3z .A._ Lee.,_ .1_..Chr s 4; .Tama s. MN b.. 14+39- 7z9birne M. berylA. Lee, ounty Roanti iwater, 1 y Raymond J. Christiansen (00 -County Road 5, Stillwater, MN 5508 (�+3�-3331. Address James and Geraldine Foley., 603 Countjthono; Road 5, Stillwater, MN 55082 (439-7082) . Applicant (if other than owner): Name Address Phone: Typo of Requests ___ Rezoning ___ Special Uso Permit ___ Variance ___ Approval of Preliminary Plat ___ Approval of Final Plat ___ Other Description of Request: _ _It.has_b.e.e.r:_hraught_rQ...the atr��tiaTi..of r.�1..6�.L�e Rayzogd J ._ C13Listiansen., James T. Foley and Geraldine M. Foley that there is a discrtkancy in their existinzle_aldescri2tions. They hired Surveyor Anez who has straighten out the legal descriptions by his attached Certificate of Survey. they wish to clear this IJAI with Conduit it o Straw Deeds which may need the approval from the City of .ignature or Appiicant: Datillw�t r££pr ecopding. ta o. eublic l-earrng: NOTE: Sketch of proposed property and structure to be drawn.on back o tached, showing the following: I. North direction. 2. Location Df proposed structure on lot. 3. Dimensions of front and side set -backs. 4. Dimcnsior-s of proposed structure. 5, Street na nes. 6. Location Df adjacent existing buildings. 7. Other inf Drmation as may be requested. ti JUL 1992' PAU) CITY CIF 3TU-WATER � ,i ST&LW/A/7FR. &/ :36 777;'' (date) at - Approved ___ Denied __ _ by the Planning Commission on subject to the following conditions: Approved ___ Denied ___ by the Council on subject to the following conditions: Comments: (Uso othor silo), • PARCEL A for James T. Foley and Geraldine M. Foley All that part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 30 North, Range 20 West, City of Stillwater, Washington County, Minnesota which lies east. of County .State. Aid Highway No. 5 described as follows: k Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 59 minutes 49 seconds East, assumed bearing, along the east line of said Northeast Quarter of the Northwest Quarter, a distance of 169.06 feet to the point of beginning of the parcel of land to be described; thence North 74 degrees 55 minutes 59 seconds West, a distance of 146.73 feet, more or less, to its intersection with the centerline of said County State Aid Highway No. 5; thence northeasterly, along said centerline of County State Aid Highway No. 5, a distance of 87.48 feet, more or less. to its intersection with the south line of the north 50.00 feet of said Northeast Quarter of the Northwest Quarter; thence South 89 degrees 19 minutes 03 seconds East, along said south line of the north 50.00 feet, •a distance of 109.65 feet, more or less, to its intersection with said east line of the Northeast Quarter of the Northwest Quarter; thence South 00 degrees 59 minutes 49 seconds East, along said east line of the Northeast Quarter of the Northwest Quarter, a distance of 119.04 feet to the point of beginning. AND All that part of the NW -1/4 of NE -1/4 of Section 32, Township 30, Range 20 described as follows to wit: Commencing at a point on the west line of the NE -1/4 of said Section, said point being 50 feet south of the north quarter corner of said section; thence south along said west line of said NE -1/4 a distance of 100 feet; thence north 5 43' east a distance of 10.0.5 feet to a point; thence west and parallel with the.north line of said section a distance of 10 feet to the point of beginning, containing 500 square feet, more or less. • PARCEL B for. Raymond J. Christiansen All that part,of the Northeast Quarter of the Northwest Quarter of Section 32, Township 30 North, Range 20 West, City of Stillwater, Washington County, Minnesota which lies east of County State Aid Highway No. 5 described as follows: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 59 minutes 49 seconds East, assumed bearing, along the east line of said Northeast Quarter of the Northwest Quarter, a distance of 169.06 feet to the point of beginning of the parcel of land to be described; thence continuing South 00 degrees 59 minutes 49 seconds East, along said east line of the Northeast Quarter of -the Northwest Quarter, a distance of 78.39 feet; thence North 74 degrees 51 minutes 23 seconds West, a distance of 174.95 feet, more or less, to its intersection with the centerline of said County State Aid Highway No. 5; thence North 20 degrees 02 minutes 13 seconds East, along said centerline of County State Aid Highway No. 5, a distance of 75.37 feet to its intersection with a line that bears North 74 degrees 55 minutes 59 seconds West from the point of beginning; thence South 74 degrees 55 minutes 59 seconds East, a distance of 146.73 feet to the point of beginning. PARCEL C for Beryl A. Lee All that part of the Northeast Quarter of the Northwest Quarter o Section 32, Township 30 North, Range 20 West, City of S ':illwater, Washington County, Minnesota which. lies east of County State Aid Highway No. 5 described as follows: Commencin-, at the northeast corner of said Northeast Quarter of the No thwest Quarter; thence South 00 degrees 59 minutes 49 second East, assumed bearing, along the east line of said Nort east Quarter of the Northwest Quarter, a distance of 247.45 feet to the point of beginning of the parcel of land to b,. described; thence continuing South 00 degrees 59 minutes 49 seconds East, along said east line of the Northeast Quarter of the Northwest Quarter, a distance of 72.69 fee: to its intersection with the south line of the north 320.00 feet of said Northeast Quarter of the Northwest Quarter; :hence North 89 degrees 19 minutes 03 seconds West, along sail south line of the north 320.00 feet, a distance of 212.41 feet, more or less, to its intersection with the centerline of said County State Aid Highway No. 5; thence North 20 degrees 02 minutes 13 seconds East, along said centerline of County State Aid Highway No. 5, a distance of 123.32 feet to its intersection with a line that bears North 74 degrees 51 minutes 23 seconds West from the point of beginning; thence South 74 degrees 51 minutes 23 seconds East, a distance of 174.95 feet to the point of beginning. _OATS 07-15-92 Fes'. I; BOOK NO. PO. JOB NO. L92471 ARO '1111112410 11110" ,11.0.1110 FILE NO. • . This Survey Mads Exclusively For , JAMES T. FOLEY 8 GERALDINE M. FOLEY RAYMOND J. CHRISTIANSEN BERYL A. LEE LWASH. CO. C.I.M. O NE COR. OF NEI/4 NWI/4\ O -SEC. 32, T3ON-R2OW. i --100-- % 5.43. 0 -1 \ — -169.06/ - - r 1 `50.02 — 1 EAST LINE NEI/4 NWI/4 �� SEC. 32, T30N-R20W. NV4 C. SEC. 32 - - 119.04-- T30N-R20W. WEST LINE NEI/4 SEC. 32, T3ON-R2OW. —100.5-- 0 5 /0 20 30 45 That port of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 32, Township 30 North, Range 20 West, City of Stillwater, Washington County,* Minnesota. t SCALE XISTING FENCE Lois' • 50.00 I N la W K �. 0 0 0 ,,, pOF NW • IM M O cc O O w O) Z e W a 0) Z F.v 7 NOTES: PARCEL A 13,346 Sq. Ft. ±- T. FOLEY 8 GERALDINE M. FOLEY +oi i IN FEET POINT OF BEGINNING PARCEL A B PARCEL B. POINT OF BEGINNING PARCEL C. 4. 5 a Q toJ 6.2 PARCEL B 3 12,032 Sq. Ft. ± ti RAYMOND J. CHRISTIANSENt v) QW Qt. \ 3 2 0 nonnrnq 1/) inrh trnn nine monument set marked �S4H NO PARCEL C 18,496 Sq. Ft. ± BERYL A. LEE R/OHT`op_ w4Y -- 70.03-- M 0 M O 15.4 0) — z /- r � P K. NAILS SET G) N PLANNING APPLICATION REVIEW CASE NO. SUP/92-33 Planning Commission Meeting: July 13, 1992 Project Location: 501 North Main Street Comprehensive Plan District: Central Business District Zoning District: CBS Applicant's Name: Susan Sabongi, Stillwater Antiques Type of Application: Special Use Permit Project Description: A Special Use Permit to conduct a retail business and outside sales at 501 North Main Street in the CBD, Central Business District. Discussion: The request is to renovate the interior and exterior of the vacant section of the structure at 501 North Main Street (old Co-op Building) in order to provide a suitable retail space on the interior and exterior of the structure. The applicant's plan is to clear the area of vacant cars and other miscellaneous items, then provide an appealing area for their business. Improvements to the area are attached in the proposal. The Design Review Committee reviewed the project at their regular meeting of July 6, 1992. They approved the proposal as meeting the intent of the Downtown Design Guidelines and Preservation Ordinance. They were pleased to see this site being cleaned up. Specific elements in their review included: 1. The 25 square foot sign (the specific sign letter graphics will be submitted to Staff). 2. Paint colors. 3. The green fabric for the awnings, banners and merchandise stands (no signage). 4. Antiques and collectibles shall be sold in outdoor sale area and outdoor sales items shall be removed when business is closed. The interior space of the proposed retail space is 1,316 square feet with the exterior space consisting of approximately 1,500 square feet. The exterior space will be used only during the Spring, Summer and Fall months (weather permitting). The applicant shows 13 parking spaces on the site. There is on -street parking and the new City parking lot north of the property. RECOMMENDATION: Approval. FINDINGS: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The proposal meets the intent of the Downtown Design Guidelines and Sign Ordinance. ATTACHMENTS: Proposal. PLANNING COMMISSION RECOMMENDATION: Approval as conditioned. • 06/23/92 10:24 002 Ccuo Number QC Fee Paid _,Q CASE NUMBER Date Filed PLANNING ADMINISTRATIVE FORM Street Location of Property: .5o/ d�'.f_LZi6 Z6t1d Legal Description of Property: __�•_�:..�_.p=.� Owner: Name ___lbe ._ PedLe ?�i...._..e.[2_� Addres2 9 .._J11 cite ( } I- Phone: _73/7_31.4E00 Applicant (if other than owner): Name 11-LW16`1. 4** MiT �Q Addressr?'a'D' 'Z5o32 °e(tdg�R~-(- Phone: ''35'' 6616`j Type of Request:• ..__ Rezoning ..__ Approval. of Preliminary Plat Special Use Permit ___ Approval of Final Plat ___ Variance Other . .n.1 C L S; 1� A�1-1... ft aaLTto NI G :: ay, Ives 0e4fir 5510 tJ LYT D€�oR.. Sr.1ML .. tai tAi T TSS. Vgit4i N CSN t Wt_ 4F tn ljVRtLri• W INDICATE -O. G PORKIN ‘t -t- M Signature of Applicant: __h • . 5lsan.F• Sm�or4 ' 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 Warnes. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the 'Planning Commission an (dote) subiect to the following conditions: X • Description of Request: • Approved ___ Denied ___ by the Council on subject to the following conditions: /I ree i Gabi & Susan Sabongi 7199 Sherwood Echo, Woodbury, Minnesota 55125, USA June 25th 1992. Dear Members of the Planning Commission and City Council. Re: Application for Special Use Permit. We are applying for a special use permit in order to conduct business in the vacant section 'C� of the building at 501.No. Main St. Stillwater. Currently owned by Mr.Bill Stouvenel. We will renovate the interior and exterior of the building to accommo- date a Mini Antiques Mall and will offer occasional outdoor antique sales in the fenced -in area ajoining the building. 111 Stillwater has gradually become quite renouned for it's variety of antique shops, attracting customers from far and near, benefiting all local businesses. Thus I feel our proposal will compliment and support this developing trend. I am attatching current photographs of the building and Adjoining property and photographs showing the location of the building at the north end of Main St. Attatched also is a diagram of the proposed upgrading of the exterior of the building and adjacent fenced area. There is ample space available for customer parking on the property as indicated by the enclosed diagram. I feel our business will be a great asset to the north end of Stillwater and prove to be an attractive location in place of the condition of the building as it now stands. • Thank you for your consideration and I await your approval. Yours sincerely, Susan F. 'Sabongi. The Pendleton Co. June 23, 1992 Dr. and Mrs. Gebran Sabongi P. 0. Box 25032 Woodbury, MN 55125 Dear Dr. and Mrs. Sabongi: 2369 Linwood Avenue Maplewood, Minnesota 55119 (612) 731-4400 I have reviewed your application to the City of Stillwater with respect to your tenancy at our Main Street commercial site. I'm very much in agreement with your proposed business use, and I'm especially pleased with your plans to improve the aesthetics of that area of the property. Enclosed is a copy of the land survey indicating offstreet parking availability. If there is any further data you need, please do not hesitate to let us know. WES/s • Sincerely, William E. Stouven'e President t' 9. 4 . :mood { 28 U&•,r. 1D ✓ P I f L o~ 5.6 A = �,�iNo`s 1T N GF�, c f,I ,.; AO •> �f iP ;l,r6rift 7 50i ,4. 411 Air J. M tot G+ GI 11 4 s•F 0 �t O. N 417 0 I , NOW C>rr 04/487-d-4' .e +:9.049 ..• BimA.•. jyL��)2.i"ht. .$ 00 1 r - t .. 411 nti .,0•04. r F ! i P /.O - ;'y 0Z. A1‘ /1.5.4"/- .f' s.a .f' i't, d L ( _ .. • it i.• ty 'Stp /r V f ,bti • / ,%./f' ' • /g.1` / ir.-• r '1 s k, yr •. 5' 4.•. , ` v ,i, Qh ,,1• — . .I1.t ,') • r ti 179 r, C;. z/. 'ish,eo •• o+�,r 4 i P:. r f e/r i ` �� 30 mss4. I 1 ., r ‘ .\1,,_ �p . 'f'.,y •j• r�,• ; p . rvo. 54) CO2. s r i • r ta.' • r _, l •>' ". 'L. ...." e'• ' ••• 00 i i 0 •iT:Tie.vC . e , Ex. ' 2.9 p f 1I I w^ .1. ‘1'. ,:::/. ,%. ;1 . r C 14 i sp'/; F / l +i t( . .... .•A.•s.s�- a.a I PROPOSED PLAN TO UPGRADE BUILDING AND GROUNDS TO HOUSE 'STILLWATER ANTIQUES' • AT 501 N. MAIN ST. SHORT-TERM (IMMEDIATE) EXTERIOR - Remove current debris and garbage from the south side of the building and from fenced -in area. - Remove white boarded structure adjacent on the southlwest side of the building. - Remove the west portion of the chainlink fence as indicated on the drawing. - Clear weeds from remaining chainlink fence and fenced -in area. - Relocate Dumpster away from front of building. - Repair and paint south side of building- White. - Install 'Forest Green' awnings above windows and door, as indicated on the drawing. - Install flower boxes under windows. - Install bushes, trees and flower barrels around fenced -in area. - Paint and install name sign on south side of building not exeeding 25sel ft. - Renovate or install exterior lighting to the south side of the building. INTERIOR - Check and install electric outlets as needed. - Install heater. - Install lighting fixtures as needed. - Install ceiling fans as needed. - Install telephone line. - Install security system. - Repair overhead door. - Paint walls. • 411 LONGTERM - Remove remainder chainlink fence and replace with low level white wooden fence (if needed). - Install trees and bushes to further develop and improve landscaping as needed. - If opportunity extends itself we would enter in good faith, negotiations to expand our businessand further upgrade the building to suit our business needs. fin 'F-11 r m S!flOIiNV r ! E rt 11'04: it tel Q Pa } 44. 7i yt.J R.f <1l'}t 1 1111 IIIIII1 11 i 04- 4 :re,,i 1 rr ''rtd� ,a y' i ar e„r'V 6 `l j''`y,''.3 rE }^0.:r, )'3 `tri( •n4 1 • PLANNING APPLICATION REVIEW CASE NO. V/92-21 Planning Commission Meeting: May 11, 1992 Project Location: 623 West -Olive Street Comprehensive Plan District: Residential Zoning District: RB, Duplex Residential Applicant's Name: Michelle Elliott Type of Application: Variance. PROJECT DESCRIPTION: Request for construction of a six foot tall fence, nine feet behind sidewalk along Martha Street. DISCUSSION: The request is to secure a variance for an existing a six foot tall fence. The fence is located on top of a hill approximately nine feet behind the existing sidewalk (see enclosed pictures). No special reasons for the variance were submitted with the application. RECOMMENDATION: • Consideration of request and review of any special circumstances. ATTACHMENT: Application. PLANNING COMMISSION RECOMMENDATION: Approval. • Caso Number / Fee Paid 10 CASE NUMBER 1g.L–�j Date Filed -6777,P21 PLANNING ADMINISTRATIVE FORM Street Location of Property: W `/z o La> // f, , d/c-zoT Legal Description of Property: '"`mow -0 Owner: Name Address __ _, Z4-1 f 7'O7- Phone: 75d - 35`2' 7 Applicant (if other than owner): Name Address Phone: Type of Request:. ___ Rezoning ___ Approval of Preliminary Plat ___ Spacial Use Permit ___ Approval of Final Plat Va riance ___ Other • Description of Request: _ Z e d b' • At ir'1. d 1 � 1--/f /°*.1.,6_-Z /11/Z Signature of Applicant:__�l��y� L Date of Public Hearing: NOTE: Sketch of proposed prorerty and structure to be drawn.on back of this form_o at- tached, showing the following: . ,`• 1. North direct on. 2. Location of proposed structure on lot. 3. Dimensions of front and side set-backs.���- 4. Dimensions of proposed structure. ox. --.`' ` —' 5. Street name. �sy:,j;-.-�_ -,,! 6. Location of adjacent existing buildings. �`"`� , mc.'-/ 7. Other information as may be requested. Approved ___ Denied ___ by tho'Planning Commission on ate) subject to the following cor;ditions: Approved ___ Denied ___ y the Council on subject to the following conditions: Comments: (Use other side), N• ki. 14, • 6.4X4. { I EI I l 1 ! eed PeP_ ! ,t, til& 1... I .I 07)4,E STo;d;clrr[LI 51, 3 —17 Po• 2C ! 1 • 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 of Stillwater Nile Kriesel, City Coordinator Steve Russell, Community Development Director Don Beberg, Chief of Police FROM: David T. Magnuson,ity Attorney IAN DATE: July 14, 1992 RE: Possible Amendments to the Wild Animal Ordinance Enclosed is information with regard to possible amendments of the Wild Life Ordinance. First of all, I enclose a copy of Ordinance No. 746 that is presently in effect in the City. Also enclosed is the amendment prepared earlier that effectively prohibits wild animals within the S City and includes the definitions that are scientifically recognizable and without ambiguity. Under this ordinance, it would not be possible for a person to apply for a Special Use Permit for a wild animal. I suppose, however, that anyone could ask for a variance of the ordinance, but it would be a rather clumsy proceeding. Third, I enclose a copy of the proposed amendment to Ordinance No. 746 that would simply substitute the new definitions and retain the permitting process that was in the original ordinance. I hope this information is helpful. DTM/sls Enclosures i • • Original Ordinance in Effect ORDINANCE NO. 746 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING A NEW CHAPTER 27.01, SUBDIVISION 15 SUBPARAGRAPHS 1 AND 2 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The City Code of the City of Stillwater is hereby amended by adding the following sections that shall hereafter read as follows: "Chapter 27.01, Subd. 15, Subsection 1. Wild Animals: Special Use Permit Reauired. No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the City of Stillwater without first having been granted a Special Use Permit by the City Council. Subparagraph 2. A wild, dangerous or undomesticated animal shall be that which is not of a species customarily used as an ordinary house pet, but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Fish and birds are not included in this definition." Subparagraph 3. The application shall be made on a form provided by the City Clerk and shall be administered in the same manner and according to the procedure that applies to all other Special Use Permits provided for in the Stillwater City Code. Subparagraph 4. In addition to the submittal requirements required for Zoning Special Use Permits, the application must contain or be accompanied by the following information: A. Copies of all Federal and State permits that are required by law. B. A copy of the Bill of Sale or Receipt for the purchase of the animal. C. A statement of the amount of money or other consideration paid by the applicant for ownership of the animal. D. A complete and detailed description and diagram of the confinement space proposed for the animal. E. Written proof that a qualified veterinarian has committed to the owner to provide care to the animal and to advise the owner regarding its care. 411 F. Proof of insurance together with an underwriting memorandum stating knowledge of the exposure that will protect • • the public against bodily injury or death caused by the animal providing for limits of $1,000,000 per person, per occurrence and for notice to the City within 30 days of its cancellation or renewal. Subparagraph 5. In addition to the standards contained in the Zoning Ordinance for the grant or denial of a Special Use Permit, a permit may be denied for failure to satisfy any submittal requirement set forth above, for failure to provide a safe and sanitary confinement space for the animal; or if it is likely that the animal will bark, howl or cry in a manner that will disturb the neighbors. Subparagraph 6. The Permit, if granted, breeding of the animal. Subparagraph 7. The Permit may after a hearing preceded by 10 days a nuisance or a danger to any person of the Permit is violated, if any violated or if the health, safety threatened. shall not permit the be revoked by the City Council notice, if the animal becomes , if any condition of approval other law or lawful rule is and welfare of the public is And, a new Subd. 18 is added that shall read as follows: "Subd. 18. In addition to the other remedies and penalties provided in the ordinance, city officials, after approval of the City Council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this Ordinance." 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the 6th day of August 1991. ATTEST: /s/ Mary Lou Johnson Mary Lou Johnson, Clerk Publish: October 10, 1991 /s/ Wally Abrahamson Wally Abrahamson, Mayor • • • Special User Permit New Definitions Option ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING A NEW CHAPTER 27.01, SUBDIVISION 15 SUBPARAGRAPHS 1 AND 2 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The City Code of the City of Stillwater is hereby amended by adding the following sections that shall hereafter read as follows: "Chapter 27.01, Subd. 15, Subsection 1. Wild Animals: Special Use Permit Reauired. No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the City of Stillwater without first having been granted a Special Use Permit by the City Council. Subparagraph 2. A wild, dangarv.:c ar undomesticated enival shell La tk t Whist: is n at - •f e. species custor.e: rily—used as ..n erdi::a•l house pit, but one which would ordinarily be found in the wildcrncs3 of thi3 sr any other ntr , cr ens wriak •t .sr:ries herr, trr pirsperty included in thi3 dcfin iisr.. "• damage. Fieh and birds rye net A danaerous animal is one which is capable of inflictina severe bodily harm to humans. and shall, include but not be limited to the, followina species: 1) Class Mammalia African buffalo (Svncerus caffer) Hippopotamus (Hippopotamus amphibius) Wolves. dinaos. iackals. all species except foxes (Family Canidae) Hyenas. all species except aardwolves (Proteles cristatusl. (Family Hvaenidae) Wolverine (Gulo aulo) Honey badaer or ratel (Mellivora campensis) Old world badaer (Meles meles) Bears (Family Ursidae) Lions. iaauars. leopards. tiaers (Genus Panthera) Clouded leopard (Neofelis nebulosal Cheetah (Acinonvx iubatus), Cougar or mountain lion (Felis concolor), Elephants (Family Elephantidae) Rhinoceroses (Family Rhinocerotidae) Gibbons. siamanas (Family Hvlobatidae) Oranautans. chimpanzees, aorillas (Family Ponaidael Baboons. drills. mandrills (Genus Papiol. Macaaues (Genus Macaca) Gelada baboon (Theropithecus aelada) • • • 2) Class Reptilia Gavials (Family Gavialidae) Crocodiles (Family Crocodvlidael Alliaators. caimans (Family Alliaatoridael Cobras. coral snakes (Family Elapidae) Sea snakes (Family Hvdrophidae) Adders. vipers (Family Viperidae) Pit vipers (Family Crotalidae All venomous rear-fan,aed species (Family Colubridae The following species of constrictina snakes over eight. (8) feet in length: Boa constrictor (Boa constrictor). all subspecies Anaconda (Eunectes murinus) Indian python (Python molurus) Reticulate python (Python reticulatus), Rock python (Python sebae) Gila monsters and beaded lizards (Family Helodermatidael Komodo draaon (Varanus komodoensis) Subparagraph 3. The application shall be made on a form provided by the City Clerk and shall be administered in the same manner and according to the procedure that applies to all other Special Use Permits provided for in the Stillwater City Code. Subparagraph 4. In addition to the submittal requirements required for Zoning Special Use Permits, the application must contain or be accompanied by the following information: A. Copies of all Federal and State permits that are required by law. B. A copy of the Bill of Sale or Receipt for the purchase of the animal. C. A statement of the amount of money or other consideration paid by the applicant for ownership of the animal. D. A complete and detailed description and diagram of the confinement space proposed for the animal. E. Written proof that a qualified veterinarian has committed to the owner to provide care to the animal and to advise the owner regarding its care. F. Proof of insurance together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal providing for limits of $1,000,000 per person, per occurrence and for notice to the City within 30 days of its cancellation or renewal. Subparagraph 5. In addition to the standards contained in the • • • Zoning Ordinance for the grant or denial of a Special Use Permit, a permit may be denied for failure to satisfy any submittal requirement set forth above, for failure to provide a safe and sanitary confinement space for the animal; or if it is likely that the animal will bark, howl or cry in a manner that will disturb the neighbors. Subparagraph 6. The Permit, if granted, shall not permit the breeding of the animal. Subparagraph 7. The Permit may after a hearing preceded by 10 days a nuisance or a danger to any person of the Permit is violated, if any violated or if the health, safety threatened. be revoked by the City Council notice, if the animal becomes , if any condition of approval other law or lawful rule is and welfare of the public is And, a new Subd. 18 is added that shall read as follows: "Subd. 18. In addition to the other remedies and penalties provided in the ordinance, city officials, after approval of the City Council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this Ordinance." 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the day of 1992. ATTEST: Mary Lou Johnson, Clerk Wally Abrahamson, Mayor • Prohibitive Option ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDINC A NEW AMENDING CHAPTER 27.01, SUBDIVISION 15 SUBPARAGRAPHS 1 AND 2 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The City Code of the City of Stillwater is hereby amended by adding the following sections that shall hereafter read as follows: "Chapter 27.01, Subd. 15, Subsection 1.. Wild--Itni elm s Seesial %Jsc Pcrmit Rcauircd. No person well Kerber, mei^t-air sr central e ri1 da gerswo or undomcoticatcd anir .1 within thc City of Ctillwatcr without first hating—been grantsd a 0rasial Use Pe'r±t by thc City Council. Subparagraph 2. A wild, dangerous—or undomcsticatcd animal shall bog that whish is net of a apccic3 customarily u3cd a3 an ordinary houoe pet, but one whir& ordin grill be found in the wildcrncoo of tie or anop—cthez country, sr—une vh-ieh ctherwiee oau3ca a rsr:.c= - _ = _ _ - - =f to ily harm sr p rs!crty damage. rich and births aro not includcd in J:is—dcfi:rtisr.." Subparagraph 3. Tha application shell Isc made e:: a form providcd by thc City Clerk c: -.d cLell Lc erlministered in this some mansisr end according tc the. proccdurc that epplioe tc ell other Gperi el U3c Pcrmit providcd f z. in tt..c Stillwater C. t j Codc. 0,4bparagraph •4 . In addition to thc 3ubr.! tk 1 Irsquircmcnt3 rcquircd for Zoning Special U34u Plr t3, the epsslicatien met esrtain sr be--aeeerrprnr cd by thc following informations A. Cup cc af ell Federal and Ctatc permits tl'1st sr, rcquircd by lee. B. A eepy cf he. Bi -1 cf gals sr fsssipt—fsr the Yaarzha3c of the en%re l . C. A statement of thc amount of moncy or ether con3idcration paid by thc applicant for ei .eichip of the animal. D. A complete and dctailcd dcearirte e: and diagram of thc confincmcnt spacc proposed for the s:.ira E. Written p'rccf `t.�t G gaelificd vatciirerian has eare:itt'ted tic th °whet- to provide sere to the enimel endta advi3c thc ewnsr regarding it csma F. Proof of insurancc together with a:: wdsriwiting memeranduog kna:lcdgc of thc supeswre t 2t will protcct i • • 3a again3t bodily i 'jury r-det'J.1 e e b the pima 111111M i prwiali::g-for liriin of $1,000,000 per pert e , per occurrence and for notice to the City within 39 -days of it3 cancal1atien Cubparagreph L. Ia addition to the standards Bart✓ i na& in thc Zoning Ordinc. ee for thc qr& :t er deniel ef a Opaaiel Use-Peri/kit, pertw t may bc denied faili ng Jac c aticffy any swIntittal requirement at f&cth ebcve, fer failure to provide a aefs end oanitary confinement apace for the anima; er if it i3 likely that he en rc. 1 will hark, howl or cry in a manner that will d-i:sturt the ne-ighbere Oatraragraph S. Thc Permit, if granted, shell not permit the brccding of the �t:.isi�►l. Outpewagrale 7. Thc Permit may bc revoked by thc City Council altar a hamg praoaLcd by 10 day3 noticc, if ihs amps l bccomc3 a nxioancc or a dangcr to any perse n, if crzy-eend-it-i-en-e-f-appreval of thc Permit 13 vizlatet, if any otkar la:: •r leufwl rule is v ieleted or if thc health, cafezi-anal welters of thc public 13 threatened. Dangerous Animals Prohibited. No person shall harbor, maintain or control anv dangerous animal_ within the City of Stillwater. A dangerous animal is one which is savable of inflicting severe bodily harm to humans. and shall include but not be limited to the, following species: 1) Class Mammalia African buffalo (Svncerus caffer) Hippopotamus (Hippopotamus amphibius). Wolves. dinaos,-acka.ls. X11 species except foxes (Family Canidae) Hyenas. all species except aardwolves (Proteles cristatus) (Family Hvaenidae) Wolverine (Gulo aulo) Honey badger or ratel (Mellivora campensis) Old world badaer (Meles meles) Bears (Family Ursidae) Lions. iaauars. leopards. tiaers (Genus Pantheral Clouded leopard (Neofelis nebulosal Cheetah (Acinonvx iubatus) Couaar or mountain lion (Felis concolorl Elephants (Family Elephantidae) Rhinoceroses (Family Rhinocerotidae) Gibbons. siamanas (Family Hvlobatidae) Orangutans. chimpanzees. gorillas (Family Ponaidael Baboons. drills. mandrills (Genus Pardo) Macaaues (Genus Macaca) Gelada baboon (Therooithecus gelada) 2) Class Reptilia i Gavials (Family Gavialidae) Crocodiles (Family Crocodvlidae) Alliaators. caimans (Family Alliaatoridae) Cobras. coral snakes (Family Elapidae) Sea snakes (Family Hvdrophidae) Adders. vipers (Family Viperidae) Pit vipers (Family Crotalidae) All venomous rear-f_anaed species (Family Colubridae) The followina species of constrictina snakes over eiaht (8) feet in length: Boa constrictor (Boa constrictor). all subspecies Anaconda (Eunectes murinus) Indian python (Python molurus) Reticulate python (Python reticulatus) Rock python (Python sebae) Gila monsters and beaded. lizards (Family Helodermatidae) Komodo draaon (Varanus komodoensis) And, a new Subd. 18 is added that shall read as follows: "Subd. 18. In addition to the other remedies and penalties provided in the ordinance, city officials, after approval of the City Council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this Ordinance." 2. Savina. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the 1992. ATTEST: Mary Lou Johnson, Clerk i day of 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 of Stillwater Nile Kriesel, City Coordinator Steve Russell, Community Development Director Don Beberg, Chief of Police FROM: David T. Magnuson, City Attorney DATE: July 14, 1992 RE: Possible Amendments to the Wild Animal Ordinance Enclosed is information with regard to possible amendments of the Wild Life Ordinance. First of all, I enclose a copy of Ordinance No. 746 that is presently in effect in the City. Also enclosed is the amendment prepared earlier that effectively prohibits wild animals within the City and includes the definitions that are scientifically recognizable and without ambiguity. Under this ordinance, it would not be possible for a person to apply for a Special Use Permit for a wild animal. I suppose, however, that anyone could ask for a variance of the ordinance, but it would be a rather clumsy proceeding. Third, I enclose a copy of the proposed amendment to Ordinance No. 746 that would simply substitute the new definitions and retain the permitting process that was in the original ordinance. I hope this information is helpful. DTM/sls Enclosures Original Ordinance in Effect ORDINANCE NO. 746 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING A NEW CHAPTER 27.01, SUBDIVISION 15 SUBPARAGRAPHS 1 AND 2 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The City Code of the City of Stillwater is hereby amended by adding the following sections that shall hereafter read as follows: "Chapter 27.01, Subd. 15, Subsection 1. Wild Animals: Special Use Permit Reauired. No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the City of Stillwater without first having been granted a Special Use Permit by the City Council. Subparagraph 2. A wild, dangerous or undomesticated animal shall be that which is not of a species customarily used as an ordinary house pet, but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Fish and birds are not included in this definition." Subparagraph 3. The application shall be made on a form provided by the City Clerk and shall be administered in the same manner and according to the procedure that applies to all other Special Use Permits provided for in the Stillwater City Code. Subparagraph 4. In addition to the submittal requirements required for Zoning Special Use Permits, the application must contain or be accompanied by the following information: A. Copies of all Federal and State permits that are required by law. B. A copy of the Bill of Sale or Receipt for the purchase of the animal. C. A statement of the amount of money or other consideration paid by the applicant for ownership of the animal. D. A complete and detailed description and diagram of the confinement space proposed for the animal. E. Written proof that a qualified veterinarian has committed to the owner to provide care to the animal and to advise the owner regarding its care. . F. Proof of insurance together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal providing for limits of $1,000,000 per person, per occurrence and for notice to the City within 30 days of its cancellation or renewal. Subparagraph 5. In addition to the standards contained in the Zoning Ordinance for the grant or denial of a Special Use Permit, a permit may be denied for failure to satisfy any submittal requirement set forth above, for failure to provide a safe and sanitary confinement space for the animal; or if it is likely that the animal will bark, howl or cry in a manner that will disturb the neighbors. Subparagraph 6. The Permit, if granted, breeding of the animal. Subparagraph 7. The Permit may after a hearing preceded by 10 days a nuisance or a danger to any person of the Permit is violated, if any violated or if the health, safety threatened. shall not permit the be revoked by the City Council notice, if the animal becomes , if any condition of approval other law or lawful rule is and welfare of the public is And, a new Subd. 18 is added that shall read as follows: "Subd. 18. In addition to the other remedies and penalties provided in the ordnance, city officials, after approval of the City Council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this Ordinance." 2. Saving. In all other ways the Stillwater City Code shall remain in full forceand effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the 1991. ATTEST: City Council the 6th day of /s/ Mary Lou Johnson Mary Lou Johnson, Clerk Publish: October 1), 1991 August /s/ Wally Abrahamson Wally Abrahamson, Mayor • Special User Permit New Definitions Option ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING A NEW CHAPTER 27.01, SUBDIVISION 15 SUBPARAGRAPHS 1 AND 2 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The City Code of the City of Stillwater is hereby amended by adding the following sections that shall hereafter read as follows: "Chapter 27.01, Subd. 15, Subsection 1. Wild Animals.: Special Use Permit Required. No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the City of Stillwater without first having been granted a Special Use Permit by the City Council. Subparagraph 2. amu, clang crous &z undomccticztcd animal ahmll to tet whi- = - - - .anmrily recd as an elirarr houoc pet, but ::c rpt Jr would ordinarily be found in the wildcrncos of this or any other country, or one which attewIee cauocs a rcasenakls person to 13 fearful of bodily harm or property damage. Pioh and bit e-awe-nevi-ncluded-i i thio dcfinition." A danaerous animal is one which, is ca;oabl,e of inflicting severe bodily harm to humans. and shall .include but not be limited to the following species: 1) Class Mammalia African buffalo (Svncerus caffer) Hippopotamus (Hippopotamus amphibius) Wolves. dinaos. iackals, all species except foxes (Family Canidae) Hyenas. all species except: aardwolves (Proteles cristatus) (Family Hvaenidae) Wolverine (Gulo aulo) Honey badaer or ratel (Mellivora campensis) Old world badaer (Meles meles) Bears (Family Ursidae) Lions. iaauars. leop rds. ta.aers (Genus Panthera1 Clouded leopard (Neofelis nebulosal Cheetah (Acinonvx iubatus) Couaar or mountain lion (Felis concolor) Elephants (Family Elephantidae) Rhinoceroses (Family Rhinocerotidae) Gibbons. siamanas (Family Hvlobatidael Orangutans. ch.i.mpanzees. aorillas (Family Ponaidae) Baboons. drills. mandrills (Genus Papiol Macaques (Genus Macaca) Gelada baboon (Theropithecus aelada) 2) Class Reptilia Gavials (Family Gavialidae) Crocodiles (Family Crocodvlidae) Alligators. caimans (Family Alliaatoridae) Cobras. coral -snakes (Family Elapidae) Sea snakes (Family Hvdrophidae) Adders. vipers (Family Viperidae) Pit vipers (Family Crotalidae) All venomous� rear -fanged species (Family Colubridae) The following species of constricting snakes over eight (8) feet in length: Boa constrictor (Boa constrictor), all subspecies Anacojida (Eunectes murinus' Indialn python (Python molurus) Reticulate python (Python reticulatus). Rock python (Python sebael Gila monsters and beaded lizards (Family Helodermatidael Komodo drac'on (Varanus komodoensis' Subparagraph 3. The application shall be made on a form provided by the Cit., Clerk and shall be administered in the same manner and according to the procedure that applies to all other Special Use Permits provided for in the Stillwater City Code. Subparagraph 4. In addition to the submittal requirements required for Zoninc Special Use Permits, the application must contain or be accompanied by the following information: A. Copies of all Federal and State permits that are required by law. B. A copy of the Bill of Sale or Receipt for the purchase of the animal. C. A statement of the amount of money or other consideration paid by the applicant for ownership of the animal. D. A complete and detailed description and diagram of the confinement space proposed for the animal. E. Written proof that a qualified veterinarian has committed to tae owner to provide care to the animal and to advise the owner regarding its care. F. Proof of insurance together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal providing for limits of $1,000,000 per person, per occurrence and for notice to the City within 30 days of its cancellation or renewal. Subparagraph 5, In addition to the standards contained in the • • • • • Zoning Ordinance for the grant or denial of a Special Use Permit, a permit may be denied for failure to satisfy any submittal requirement set forth above, for failure to provide a safe and sanitary confinement space for the animal; or if it is likely that the animal will bark, howl or cry in a manner that will disturb the neighbors. Subparagraph 6. The Permit, if granted, shall not permit the breeding of the animal. Subparagraph 7. The Permit may be revoked by the City Council after a hearing preceded by 10 days notice, if the animal becomes a nuisance or a danger to any person, if any condition of approval of the Permit is violated, if any other law or lawful rule is violated or if the health, safety and welfare of the public is threatened. And, a new Subd. 18 is added that shall read as follows: "Subd. 18. In addition to the other remedies and penalties provided in the ordinance, city officials, after approval of the City Council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this Ordinance." 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the day of 1992. ATTEST: Mary Lou Johnson, Clerk Wally Abrahamson, Mayor Prohibitive Option ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDINC A NEW AMENDING CHAPTER 27.01, SUBDIVISION 15 SUBPARAGRAPHS 1 AND 2 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. The City Code of the City of Stillwater is hereby amended by adding the following sections that shall hereafter read as follows: "Chapter 27.01, Subd. 15, Subsection 1. Wild Animals -- Use Pcrmit Rcauircd. No person shall ]'l r]Jrlt, rc iniain er contrel c wild, dangerous or undomesticated ani:rcl within the City cf Otr 11 wcter f irtt ht -ring been granttd c Cp se tea' Vse psrrrr t by thc City Council. Subparagraph 2. A wild, dangerous or undomectirtcd animal shall he tY.ct which it net of a cpccies customarily uccd as an trrdincry housc pet, but one which would ordimrily be found in the wilderness of this cr copy othcr oaantry, or erne which otherwise e awwa a reser.aisles parse n tib fcerul cf kodily hemp: or property damage. Yich end birds arc not included in thio definition." &ubpercgrclri 3. The applicativ: Shall be-ar c en a for t pr✓, cd by thc City Clcrk and shell hE cdrr nictcrcd in th- same mannor and according to the proccdurt thc.t applie c to ell othcr Spcc,itl Uwc Pcrmitc provided fel i the Stillwater City Codc. -Culspwrwgrcp?i 4. In—addition tt the submittcl requirements .required for Zoning Spccial Use Permits, the cpplicot� ✓ rrawt errnt in or be cccompanicd by thc following infrrrmat en -:- A. Copics of ell P(xdcral and State permits h t awe required by low. B. A copy sf the Bill of Otis or Receipt fur the purchase of the cnr mal . C. A statement of thc amount cf r.:cney or etas consideration pci3 by thc applicant for ousechip sf tho &nirc l . D. A complctc and detailed description and diagram of thc conf incmcnt cpacc preposed for the cnr ra1- E. Wwittwr. ;woof that w quclificd vctcrinarian kcs committcd to the- owncr to provide are tc thc err r. c 1 c::d te advise thc &fur regarding its care. F. Proof of incurancc togwthe it.h cn un ecrwriting memorcndum c`✓ctrng- ed c cf the ✓w;ecwre tart will protcct thc public agai ct t dily injury or death muesli by thc animal providinf fel: limits of $1,000,000 per pe sem- per vc urrcncc and €sr retic is tka City within JO days of its v ncslletien ak..., r a reek E. In eddition tc the standards centaincd in the Zoning Ordinance for the grant yr denial of a Cpecial Usc Pcrmit, a pern1Lt mey 1 eAr fcilure—tr catiefr brr tel rcquirere. t cet torah ab✓ie, for failvra tc provide a safe end se :iter y confinement space for the erg c l y or if it is likely that the ar nel will lriarlt, kowl or cry in e n neer that will disturb the rei;klsors. Stkrpreg ark G. The–Perce t, breeding of thc aninal. granted, ehell not permit thc be revoked iv/ the City Council natee, :.f the anir.c 1 bcc=~: person ►:i, if any r n clition of e.pp '. o atcd if other ler.;—sir lrrtf.:l rule is et anal wslfere of the pu lig i^ Subparagrr pk The Derr/...t ec• aft`r a hearing preceded by 10 days e nuieercc or a danger ti en' of the Pa t is v_ 1 any v islet. d sr if tke h:..l`ki, eef y threetcncd. J Dangerous Animals Prohibited. No person shall harbor, maintain or control any danaerous animal within the City of Stillwater. A dangerous animal ie one which is capable of inflicting severe bodily harm to humans. and shall include but not be limited to the following species: 1) Class Mammalia African buffalo (Svncerus caffer) Hippopotamus (Hippopotamus amphibius) Wolves. di gos. iackals. all species except foxes (Family Cinidael Hyenas. all species except aardwolves (Proteles cristatus) (Family Hyaenidae) Wolverine (Gulo gulo) Honey badger or ratel (Mellivora campensis) Old world )badger (Meles meles) Bears (Family Ursidae) Lions, iagnars, leopards, tigers (Genus Panthera) Clouded leopard (Neofelis nebulosa) Cheetah (Acinonvx iubatus) Cougar or Elephants Rhinoceros Gibbons, s Orangutans Baboons, d Macaaues ( Gelada bab ountain lion (Felis concolor) Family Elephantidae) s (Family Rhinocerotidae), amangs (Family Hvlobatidae) chimpanzees. gorillas (Family Ponaidae) ills, mandrills (Genus Papio) benus Macaca) on (Theropithecus aelada) 2 ) Class Reptilia Gavials (Family Gavialidae) Crocodiles (Family Crocodvlidae) Alliaators. caimans (Family Alliaatoridae) Cobras. coral snakes (Family Elapidae) Sea snakes (Family Hvdrophidae) Adders. vipers (Family Viperidae) Pit vipers (Family Crotalidae) All venomous rear-fanaed species (Family Colubridae) The fol] owi.na speci.Ps of aonstri_cti..na snakes over eight (8) feet in lencith: Boa constrictor (Boa constrictor). all subspecies Anaconda (Eunectes murinus) Indian python (Python molurus) Reticulate python (Python reticulatus) Rock python (Python sebae) Gila monsters and beaded lizards (Family Helodermatidae) Komodo draaon (Varanus komodoensis) And, a new Subd. 18 is added that shall read as follows: "Subd. 18. In addition to the other remedies and penalties provided in the ordinance, city officials, after approval of the City Council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this Ordinance." 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council the day of 1992. ATTEST: Mary Lou Johnson, Clerk • Wally Abrahamson, Mayor • • LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 July 10, 1992 (612) 439-2878 FAX (612) 439-2923 Mayor Wally Abrahamson Stillwater City Council Members Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 In Re: Richard and Julie Edstrom/Jerry Kalish Partition Fence Dear Mayor Abrahamson and Members of the Stillwater City Council: I wish to advise you that I represent Dick and Julie Edstrom who reside at 203 West Hazel Street, Stillwater, Minnesota. Nile Kriesel has provided me with a copy of a letter dated June 25, 1992, written to the Mayor by Jerry Kalish who is the next door neighbor to the Edstroms, and who resides at 225 West Hazel Street, Stillwater. It is my understanding that this matter may be reviewed at the next City Council meeting, and therefore, my clients have requested that I contact the Mayor and members of the Council regarding Mr. Kalish's letter. First of all, I wish to advise you that my clients have had absolutely no contact or conversation with Mr. Kalish or any other member of his family for more than three years. It therefore has come as a complete surprise to my clients that Mr. Kalish has a complaint about a privacy fence which was erected some four years ago. In 1988, my clients applied for and received a variance to build the fence in question. I am enclosing a copy of the relevant portion of the Minutes of the Council Meeting of June 7, 1988, at which time a Public Hearing was held on the requested variance of my clients to construct a fence 8 feet in height. The Council at that time granted a variance for the construction of the fence in question. Mr. Kalish had submitted a letter to the Council supporting the construction of the proposed fence and indicating he had no objection to the same. I am also enclosing a copy of the Zoning Use Permit which was issued on June 14, 1988. The fence in question was constructed exactly as proposed in the plans submitted to the City Council and the City Building Inspector in 1988. During the process of construction, the contractor contacted Allen Zepper, who advised the contractor that f z Mayor Wally Abrahamson Stillwater City Council Members July 10, 1992 Page 2 he would be inspec ing the work in progress and that it was not necessary to call or a final inspection. The fence in question was built to accomm date mature trees and open space for shrubbery on both sides of t e Edstrom and Kalish property. The fence, as constructed, is es-entially eight feet in height, although the height may possibly exceed eight feet because of the unlevel terrain over which it was built and the desire to keep the height of the fence at an even level. It is the position of my clients that the fence in question was constructed exactly as proposed and conforms in every respect to the fence approved by the City Council in 1988. Hopefully the above answers any questions that may have been raised regarding this issue. Should the Mayor or Council need any further information or should you desire our appearance at a Council Meeting for the purpose of discussing this issue in further detail, I would appreciate your so advising me. Thank you for your consideration regarfing the above. Very truly yours, JFL:dmr Enclosures c: Nile Kriesel Dave Magnuson • • 11, Stillwater City Council Minutes Recessed Meeting June 7, 1988 2. This is the day and time for the Public Hearing on a Special Use Permit request to fill and grade an approximate 2,000 ft. road at 1250 So. Main St. in the General Heavy Industrial/Two Family Residential/Bluffland/ Shoreland/Flood Plain Dist., Frank Aiple, Sr., Applicant. Case No. SUP/88-25. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the request is to use fill to raise the level of the road connecting the north and south parts of Mr. Aiple's operation. Mr. Fontaine stated the Planning Commission approved the request with the recommended conditions. Mr. Aiple was present and stated he will not be using as much fill as first thought. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve a Special Use Permit to fill and grade an approximate 2,000 ft. -road, with the recommended conditions, at 1250 So. Main St. requested by Frank Aiple, Case No. SUP/88-25. (All in favor). 3. This is the day and time for the Public Hearing on a Variance request for construction of an eight ft. fence (six ft. required) at 203 W. Hazel St. in the Single Family Residential, RA Dist., Richard & Julie Edstrom, Applicants. Case No. V/88-27. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the fence will be located on the south side of the Edstrom property and will run east to west and affects only two families. He also presented a letter from the neighbor supporting the fence. Mr. Fontaine stated the Planning Commission felt the request was unique since the fence is completely out of sight and only affects two families. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Variance request for construction of an eight ft. fence at 203 W. Hazel St., Richard & Julie Edstrom, Case No. V/88-27. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to operate a furniture refinishing business in a garage at 111 So. William St. in the Two -Family Residential, RB Dist., Chris & Laura Fischer, Applicants. Case No. SUP/88-28. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. CITY OF STILLWATER IEj Certificate of Compliance El Special Use Permit 1 I Planned Unit Developnent ZONING USE PERMIT Rezoning No. V/88-27 Permit Fee $50.00 Date Fee Paid 4/28/88 FI Sign Variance II � Conditional Use Amended Grading 11 I Resubdivision Applicant: RICHARD A. AND JULIE A. EDSTROM Address: 203 West Hazel City/State/Zip Code: Stillwater, MN 55082 Property Description: Lot 2 Block 1 Brown's Creek Heights Plat Parcel No. 9180-2300 Zone District RA Permitted Uses Fence Subject to the following special conditions: 1. The fence shall be s -et back a minimum of two feet. We accept the condition!: of this permit. We understand that any changes from these plans must be resubmitted for approval. i 1.64- Owner or Representative Date C• nit Devel men Director ector Date • • • FEB 0 5 1992 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING VICKI L. GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER Mr. David T. Magnuson Attorney At Law 324 South Main Street Stillwater, MN 55082 Dear Dave: (612) 439-2878 FAX (612) 439-2923 February 3, 1992 In Re: Richard A. & Julie A. Edstrom 203 West Hazel Street Stillwater, Minnesota Lot 2, Block 1, Brown's Creek Heights Fence Variance Pursuant to our telephone conversation regarding the above -entitled matter, it is my understanding that you are in receipt of copies of two letters written to my clients, Mr. & Mrs. Richard Edstrom, by Allen Zepper, the letters being dated December 3, 1991 and January 15, 1992, copies of which I enclose for your ready reference. I wish to advise you that I have had the opportunity to review the Variance granted by the Stillwater City Council. The only condition set forth on the Variance is that the fence shall be set back a minimum of two feet. I also have had the opportunity to review the Council Minutes of June 7, 1988, at which time the Variance was granted. As set forth in the Minutes, only two families were involved regarding this fence, and the neighbor presented a letter in support of the fence as proposed. I wish to advise you that my clients strongly object to the letters sent to them by Mr. Zepper, 3 1/2 years after the fence in question was approved and constructed. The fence as constructed is in conformance with the plans submitted and approved. The fence may, at certain locations, slightly exceed the height of 8 feet. This is only so because of the change in topography and the desire to keep the height of the fence at an even level. In addition, as you are aware, my clients have advised you that their contractor did not fail to call for a final inspection, and the Edstroms were told by the contractor that Mr. Zepper advised him that it would not be necessary for him to call for a final inspection, because of the fact that Mr. Zepper would be stopping by the site Mr. David T. Magnuson February 3, 1992 Page 2 frequently to inspect the work in progress. Further, the fence in question was built to accommodate mature trees and open space for shrubbery on both sides. After reviewing this matter, hopefully you will agree that the fence as constructed conforms to the fence approved by the City Council, and that this matter may be put to rest. After you've had the opportunity to review this matter in further detail, I would appreciate your giving me a call. In the meantime, I would appreciate your advising Mr. Zepper not to contact my clients directly, and that any further contact regarding this issue be made through my office. Thank you for your consideration regarding the above. Very truly yours,,. JFL-dmr c: Richard & Julie Edstrom 7i4mmers 4 . 1tet Ilivvr THE BIRTHPLACE OF MINNESOTA • Mr. Richard Edstrom 203 W. Hazel Street Stillwater, MN 55082 December 3, 1991 Mr. Edstrom: Following up on a your contractors failure to call for a final inspection for your deck/sauna (Permit 9635, dated 9-04-91) I noted a variance in your file indicating council action on June 7, 1988 to allow you to construct a fence 8 (eight) foot above grade. In reality, some sections of your fence are 9 (nine) to 9 1/2 (nine and one half) feet above grade. In addition your fence is to be installed a minimum. of 2 (two) feet from the property line. This would bring it to close to your septic system if it were installed according to plans submitted. Please verify the location of your fence in correspondence with the property line, and subsequencely your septic system, and reduce the height of your fence where it exceeds the 8 (eight) foot variance within the next thirty days. If you have any further questions, feel free to call me at 439-6121. Th aTik cy4r— J Al en 0. PP r Building Official CC: David Magnuson, City Attorney CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 tii1k C°PY. THE BIRTHPLACE OF MINNESOTA January 15, 1992 Mr. Richard Ed.;trom 203 West Hazel Street Stillwater, MN 55082 Dear Mr. Edstr,A: On the 3rd day of December, 1991 our office mailed a letter to you at the above address regarding a fence on your property. You were given thirty days to make the necessary change. To date, we have had no reponse from you. If you have questions regarding the original letter (a copy is attached) please call me at 439-6121. If I do not hear from you I will assume that you will have this matter taken care of by Feb^uary 1, 1992. -A-Tlen 0. Zep'-- Building Official City of Stillwater c.c. David Magiuson, City Attorney CITY HALL: 216 NORTi FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 • • 574879 STATE OF MINNESOTA CITY OF STILLWATER In the Matter of Planning Case No. V/88-27 REQUEST BY: Richard A. & Julie Edstrom Doer CITY COUNCIL VARIANCE PROCEEDINGS ORDER GRANTING VARIANCE The above entitled matter came on to be heard before the City Council for the City of Stillwater on the 7th day of June , 1988 , on a request for a variance pursuant to the City Code for the following described property: Lot 2 Block 1 Brown's Creek Heights Addition Purpose: •. Variance request to construct an eight foot fence (six foot maximum'. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a variance be granted upon the folloiwng conditions: (If no conditions, state "None"). 1. The fence shall be set back a minimum of two feet. • Dated this ,r-�: day of U C 9Pr. dezih 0 Mayor PLANNING APPLICATION REVIEW CASE NO. V/88-27 Planning Commission Meeting:- May 9, 1988 Project Location: 203 West Hazel Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicant's Name: Richard A. and Julie Edstrom Type of Application: Variance Project Description: Variance request to construct an eight foot fence (six foot maximum required). Discussion: The fence will be located on the South side of the Edstrom property and will run East to West. To the South of this proposed fence is a new home with the backyard containing a dog and dog pen constructed of log posts and wire mesh. The Edstroms feel that a six foot fence would not block the view of the dog pen area from the patio and deck, as well as the kitchen and eating area of their home. The Edstroms Nould like to be screened from this area as much as possible and feel an eight foot fence would accommodate this. The new home is also at a slightly lower elevation than the Edstrom home so they feel the fence must be eight feet to screen the area. The fence will be approximately five and one-half feet high beginning at the West end of the property then run downwarl in a Northeasterly direction following the slight slope and reaching an eight foot height. After a field survey of the area, a six foot fence would block the view of the neighbor's backyard. Recommendation: Denial. Findings: For reasons set forth fully in the discussion, the granting of the variance is not necessary for the reasonable use of the land or buildings. Attachments: Copies of photographs. PLANNING COMMISSION RECOMMENDATION: Approval as conditioned. CONDITIONS: 1. The applicant shall submit a letter from the neighbors supporting the eight foot fence request. 2. The fence shall be set back a minimum of two feet. DAVID T. MAGNUSON ATTORNEY AT LAW SUITE # 203 THE GRAND GARAGE 324 SOUTH MAIN STREET STILLWATER. MINNESOTA 55082 (612) 439.9464 P.O. Box 438 Allen Zepper City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Allen: February 5, 1992 Enclosed is a letter I received today from James Lammers, who is the lawyer for Julie and Dick Edstrom. If you can find some time, I would like you to get the file on this, including the minutes of the meeting if you have them, and stop by my office. We can talk about this matter and also your real estate problem at the same time. I look forward to seeing you. • DTM/sls Enclosure • Yours very truly, David T. Magnuson FEB 051992 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING VICKI L. GIFFORD GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER Mr. David T. Magnuson Attorney At Law 324 South Main Street Stillwater, MN 55082 Dear Dave: (612) 439-2878 FAX (612) 439-2923 February 3, 1992 In Re: Richard A. & Julie A. Edstrom 203 West Hazel Street Stillwater, Minnesota Lot 2, Block 1, Brown's Creek Heights Fence Variance Pursuant to our telephone conversation regarding the above -entitled matter, it is my understanding that you are in receipt of copies of two letters written to my clients, Mr. & Mrs. Richard Edstrom, by Allen Zepper, the letters being dated December 3, 1991 and January 15, 1992, copies of which I enclose for your ready reference. I wish to advise you that I have had the opportunity to review the Variance granted by the Stillwater City Council. The only condition set forth on the Variance is that the fence shall be set back a minimum of two feet. I also have had the opportunity to review the Council Minutes of June 7, 1988, at which time the Variance was granted. As set forth in the Minutes, only two families were involved regarding this fence, and the neighbor presented a letter in support of the fence as proposed. I wish to advise you that my clients strongly object to the letters sent to them by Mr. Zepper, 3 1/2 years after the fence in question was approved and constructed. The fence as constructed is in conformance with the plans submitted and approved. The fence may, at certain locations, slightly exceed the height of 8 feet. This is only so because of the change in topography and the desire to keep the height of the fence at an even level. In addition, as you are aware, my clients have advised you that their contractor did not fail to call for a final inspection, and the Edstroms were told by the contractor that Mr. Zepper advised him that it would not be necessary for him to call for a final inspection, because of the fact that Mr. Zepper would be stopping by the site Mr. David T. Magnuson February 3, 1992 Page 2 frequently to inspect the work in progress. Further, the fence in question was built to accommodate mature trees and open space for shrubbery on both sides. After reviewing this matter, hopefully you will agree that the fence as constructed conforms to the fence approved by the City Council, and that this matter may be put to rest. After you've had the opportunity to review this matter in further detail, I would appreciate your giving me a call. In the meantime, I would appreciate your advising Mr. Zepper not to contact my clients directly, and that any further contact regarding this issue be made through my office. Thank you for your consideration regarding the above. Very truly yours,,? JFL:amv c: Richard & Julie Edstrom • • • THE BIRTHPLACE OF MINNESOTA Mr. Richard Edstrom 203 W. Hazel Street Stillwater, MN 55082 December 3, 1991 Mr. Edstrom: C ?If Following up on a your contractors failure to call for a final inspection for your deck/sauna (Permit 9635, dated 9-04-91) I noted a variance in your file indicating council action on June 7, 1988 to allow you to construct a fence 8 (eight) foot above grade. In reality, some sections of your fence are 9 (nine) to 9 1/2 (nine and one half) feet above grade. In addition your fence is to be installed a minimum. of 2 (two) feet from the property line. This would bring it to close to your septic system if it were installed according to plans submitted. Please verify the location of your fence in correspondence with the property line,. and subsequencely your septic system, and reduce the height of your fence where it exceeds the 8 (eight) foot variance within the next thirty days. If you have any further questions, feel free to call me at 439-6121. Al en 0. - pp Building Official CC: David Magnuson, City Attorney CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 January 15, 1932 ater. con. THE BIRTHPLACE OF MINNESOTA Mr. Richard Ed;trom 203 West Hazel Street Stillwater, MN 55082 Dear Mr. Edstrom: On the 3rd day of December, 1991 our office mailed a letter to you at the above address regarding a fence on your property. You were given thirty days to make the necessary change. To date, we have had no reponse from you. If you have questions regarding the original letter (a copy is attached) please call me at 439-6121. If I do not hear from you I will assume that you will have this matter taken care of by February 1, 1992. S -re .y 4Tl en 0. Zep Building OfTicial City of Stillwater c.c. David Magnuson, City Attorney CITY HALL: 216 NOR1H FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 • • r .2 6/ Vw4c 6 (11) To: Members of the Planning Commission Members of the Stillwater City Council Subject: Privacy fence being constructed by Richard A. and Julie A. Edstrom May 10, 1988 Please he advised that I have no objection to the request for a variance in order to build the proposed privacy fence. Sincerely, • • • • April 28, 1988 TO: Members of the Planning Commission Stillwater, MN FROM: Richard A. Edstrom 203 West Hazel St. Stillwater, MN SUBJECT: Variance request for privacy fence (height) Unknown to us, the city of Stillwater has an ordianance regarding the height requirements for fences. This was also unknown to our builder and architects. As we sought to complete our site plan, as initiated when we began building, we were made aware of the ordinance. Our home was completed late last summer. We are hoping to complete the landscaping this spring. The accompanying photos will show the framing for the fence in place. Construcion has stopped however, as we await your approval. A new structure has been built on lot 1, with side and back yard containing a dog pen of log posts and wire mesh directly adjacent to our front yard. It is in full view of our patio area and deck, as well as the kitchen and eating area of our home. It is our desire to have this screened as much as possible. The following photos and drawings are offered to assist you in making your decision. We appreciated your consideration of this matter. The project has been carefully and professionally designed and would be built in the same manner. We feel it will enhance both properties, at no cost to one party. No direct sight lines from lot 1 are affected; only angular ones directed at our home. Thank you again for your consideration. Richard A. Edstrom MCGUIRR. DAVISG11=R AR,CHI1tCTS PA. 423 SOUTH MAIN STREET STILLWA T ER MN 55082 612.439.3710 April 21, 1988 To Whom it may concern, A variance in the height of a wood privacy fence is sought at the Richard Edstrorn residence on Hazel Street. The fence runs in en east -west direction along the south side of the Edstrom site. At the west end, the fen:e is approximately 5 1/2 ' high. Following the slope of the land, the fence steps down os it proceeds in a westerly direction. The maximum fie! 3ht of the fence is 9'. from grade. -The reason e variance is sought is because the lot also slopes north to south from patio on the south side of the Edstrom house facing the neighbor's sideyard. A six-foot high fence -does not block the site lino between the patio and the neighbor's main floor windows. A fence with a maximum height Nf eight feet achieves this goal. It also screens the view of a dog run constructed of log posts and wire mesh, located in the neighbor's sideyerd. The Edstrom privIcy fence, built of cedar board and batten, finished on both sides end stained to match the Edstrom residence, is of quality construction and Is designed to be an aesthetically pleasing addition to the site. Sin :erely, Kelly R. vis, AIA . •••8 t • • • • • 0 �1 • • • Se 1 • *11 • M I .� j V1 ..g Inti � t di: �1�;/,''�' (•� lel C.Yr I V , a/C� - - - *6'6910 • st.i/./S- - - YO AOr •' --• • 1 UAL \ . t. CO. Ns , k\ tr) It/ - \ ... ,., A —1__LX:rail.), 'rt.. V......":01• ...48., ..d. 7: :i :Tai Irv" PS/. I • • 7 • • • 141 • • • • • 0 IZt • lo Ov ki • • • 1 • • • 71 1.1 cy ad • • • • m. • • • • a e d c STILLWATER AREA ECONOMIC DEVELOPMENT CORPORATION June 19, 1992 The Honorable Wally Abrahamson 216 No. 4th St. Stillwater, MN 55082 Dear Mayor Abrahamson: S� 3C jttia,t," 0-ef CCA- sta4- --'$ fi O . 0 O On behalf of the Stillwater Area Economic Development Corporation (SAEDC) we wish to formally submit our request for your continued financial support. As we face the challenges and competition of the 1990's, SAEDC remains strongly committed to a positive and pro -active business retention and expansion of our area economic area. With the hiring of an Executive Director this last year and establishing an office within the Stillwater Area Chamber of Commerce we now have a centralized location for information dissemination. Personal visits have been made and are ongoing with each of the local manufacturers and major employers in reference to their • current and projected space needs. The Action Plan for 1992/1993 (attached) was presented and approved at the Annual Meeting, May 20th. The Executive Director, Business Retention, Marketing Sites and Finance Committee have each been assigned specific goals and objectives. The result of the Board of Directors survey of the three most important accomplishments for SAEDC in the upcoming year were... 1) COMMUNICATIONS... 2) BUSINESS RETENTION... 3) FUTURE AVAILABLE LAND/SPACE (Industrial and Commercial). The communications and coordination among member communities in addressing future needs will be our FOCUS...an economic development plan tailored to meet the individuals needs and the unique characteristics of our area. We need and are dependent on your financial support! If you have any questions or if I can be of any assistance please call (439- 4411) or Neal Casey (439-4544). incerel IT2 David F. Pohl President DFP:al 423 SOUTH MAIN STREET • STILLWATER, MN 55082 • (612) 439-4544 STILLWATER AREA ECONOMIC DEVELOPMENT CORPORATION ACTION PLAN 1992/1993 MISSION STATEMENT Promote communiklation and cooperation among member communities to upport retention, expansion and establishment of businesses consistent with community development goa_s • • EXECUTIVE DIRECTOR * Plan, attend and participate in all Board of Director meetings and committee meetings. * Assist the Board of Directors and Committees in achieving the 1992/1993 action plan. * Maintain and expand on contacts with the Metro East Development Partnership and the Minnesota Department of Trade and Economic Development. Take advantage of resources available from these organizations. * Meet with SAEDC member Councils, Town Boards and Planning Commissions to review and discuss their comprehensive plans for economic development. * Create a forum in which information regarding the importance of industry to the area and business needs are addressed. * Continue to provide a data base and referral service in a centralized market location for information dissemi- nation. * Continue to maintain contacts with local businesses on a proactive periodic basis. * Continue to market the area's quality of life, educa- tional system, scenic qualities, recreational opportun- ities, public services and proximity to the Twin Cities. * Continue to remain active and promote matters of significance to local businesses relating to the new Highway 36 bridge. * Continue to support plans by Andersen Corporation to expand in Bayport and annex the necessary property. BUSINESS RETENTION COMMITTEE * Establish a Business Incubator facility. * Develop a list of funding sources and economic development incentive programs in coordination with the Finance Committee. * Update SAEDC's list of manufacturers and major employers employment, current and projected space needs. * Continue to evaluate the appropriateness of establishing/utilizing an economic development authority (EDA). l * Continue p7oactive efforts to retain local businesses and assist in their expansion. Maintain and act on a "red -flag" list of local businesses considering relocation out of the Stillwater Area. * Establish a target list of industries and businesses. MARKETING COMMITTEE * Promote communications between SAEDC communities and members regarding economic development activities. * Update the promotional brochure. * Publish a newsletter for SAEDC members and other interested parties covering SAEDC activities and matters of area economic development interest. * Coordinate articles by Board members and other relevant parties to be published in local newspapers. * Market the Stillwater area to target industries and businesses. SITES COMMITTEE Prepare an overall area long-range comprehensive strategy for economic development and land use. Create a forum to support joint planning and land use control by the member communities to encourage and guide the orderly development of areas suitable for industrial and commercial development. * Develop a plan to establish a Land Reservation System for future industrial and commercial development. * Maintain list of sites available for industrial use or expansion. FINANCE COMMITTEE * Develop continuing funding support for the general activities of SAEDC. * Develop funding support for update of the promotional brochure and the newsletter. * In conjunction with the Business Retention committee, develop a handout listing and describing various sources of financial support for economic development. CITY OF STILLWATER 216 N. FOURTH STREET, STILLWATER, MINNESOTA 55082 (VOICE DATE ACCOUNT NUMBER AMOUNT INVOICE NO. PURPOSE 410/0i/9:. 44 50 4099 4.500., 00 1.991 FUNDING PLEASE DETACH BEFORE DEPOSITING CITY OF STILLWATER 216 N. FOURTH ST., STILLWATER, MINNESOTA 55082 THE PAYEE BY ENDORSING THIS CHECK DECLARES THAT THE SAME IS RECEIVED IN PAYMENT OF A JUST AND CORRECT CLAIM AGAINST THE CITY AND THAT NO PART OF IT HAS HERETOFORE BEEN PAID. • PAY TO THE ORDER OF • STIL.I_.WA T C R I"IREA ECONOMIC DEVELOPMENT CORP. P. O. BOX 21 STILLWATER. MN 5082--0000 • NO. 011708 75-41 919 FIRSTAR STILLWATER BANK STILLWATER, MINNESOTA 55082 AMOUNT 8/07/91 1170? $4,500..00 Il�o L L?Dana i.o9 L90012 Loi: 5 LINO 2 20911' NON-NEGOTIABLE AUTHORIZED SIGNATURES Minnesota Department of Trade and Economic Development • July 6, 1992 J. Neal Casey Executive Director, SAEDC 423 South Main St. Stillwater, MN 55082 Dear Neal: Business Development and Analysis Division 900 American Center Building 150 East Kellogg Boulevard St. Paul, Minnesota 55101-1421 612/296-8341 Fax: 612/296-1290 As we've discussed, the Stillwater Area Economic Development Corporation (SAEDC) is a complex organization which is having difficulty coordinating goals and economic development efforts among its six member communities. As it was unable to provide a workable one year action plan, SAEDC has not met the requirements for Star Cluster recertification. However, as the member communities of SAEDC have put forth good faith effort to resolve this problem, and DTED is sensitive to the unique challenges of the area, SAEDC's Star Cluster status will be put on hold for 1992, rather than canceled. With your guidance, the member communities have agreed to work together to try to integrate their individual comprehensive plans and development goals into a specific strategic plan for the entire area. Reaching consensus on the direction of SAEDC as a whole, and whether additional land can/should be made available for development is critical. Also important, is finding and implementing a process by which SAEDC can put its goals into action. The open forum session you held last month on overall goals and the future direction of SAEDC was an excellent step in this direction. I look forward to working with you and the member communities over the next few months to develop an action plan including specific tasks with individual assignments and timelines to accomplish them. Once the members have proven they can work together and agree on such a plan, SAEDC's Star Cluster status can be readily reinstated. An Equal Opportunity Employer I look forward to working more with SAEDC and the member communities as you continue in this planning phase. Sincerely, artha Barnes Economic Development Representative (612) 297-1164 cc: Wally Abrahamson - Mayor, Stillwater David M. Jennings Director, Office of Marketing & Development David Johnson - Stillwater Township representative Bill Nelsen - Baytown Township Supervisor Barb O'Neil - Mayor, Oak Park Heights Glen Robinson - Grant Township representative Bev Schultz - Mayor, Bayport Gerald Wenner, Star City Recertification Coordinator • • OUTLOT 1 L> 2 a6 - 1 8 rH21 ADD zt '9.05 er .750 )f 0 20\0 \ c J. n j '= - 757.7 _ ,. - - (ITY OF STILLWATER dam easement _elf 216, S+i_ MINN. STATE DNR DI/. OF WATERS protected wetlands :rea 82 • 20W AKE Mc KUS/CK ,( /7 N 119°41179' W B 79 OUTLOT 1 a 6 \ 8 . q 1 \\C.: \ rn a73 MC KUSICK drainage leo sement OUTLOT G � OAK G ///.45 4179.62 A\ MINNESOTA DNR DIY OF WATERS protected wetlands 82- 20W g 3! e a � h 4 r Q O 6 o Sea 74, moi%' ✓/ q tizeSY'55"£ Tr, 8 9 8 N M m (V 0 0•i 62' 9029 - 3000 \ (/l 5 Io ✓ 22 2-t 6'6.to 6. 766. / 1 droir.a/ae `F easement %r' 8 'O.J3 ,90 AO7°19,0' 666.E 7567 16 pgrt of: 9029-1 186 \30— 5 \ 9029-3100 P2� (3) 9029-2950 (4) (13.26 co So/ NEC,.") lvfc KUSICK 3 rn' 0 OUTLOT F LAKE i ST ILL WAT[ R • • b Berkley Risk Services, Inc. July 13, 1992 Mr. Nile Kriesel Coordinator CITY OF STILLWATER 216 North 4th Street Stillwater, Minnesota 55082-4898 Dear Mr. Kriesel: This letter will confirm our recent telephone conversation and my June 26, 1992 visit to Staples Field in Stillwater. This loss control service is provided to the City of Stillwater through its participation in the League of Minnesota Cities Insurance Trust (LMCIT) Property and Casualty program. The purpose of my visit was to see Staples Field in an attempt to assist the City in loss reduction pursuant to that field. The issue was brought up through Mr. Peter Tritz of LMCIT. Based upon my review of the field and subsequent telephone discussion, I offer to you the following comments: 1. We realize the field is over fifty years old and was not engineered to current specifications. However, I am concerned about youngsters chasing baseballs into the street and the potential harm the youngster could suffer. Therefore, the City should consider installing a plastic mesh fence near the first base street side as I noted the street is in close proximity to the field on the first base side. We have generally been recommending a flexible plastic fence as opposed to a rigid fence. Some cities have had some success with a Carsonite-style fence. However, the fence does have some memory problems, i.e., when the fence is pushed down by snow, it is reluctant to maintain its original shape. Therefore, some cities have been removing such fences during the winter months and storing the fence inside. 2. It was also noted there is a rather steep slope or drop-off in the outfield area. This outfield area is also adjacent to a City street. Therefore, consideration should also be given to placing the same style fence in this area to reduce the potential for baseballs rolling into the street. 3. Some cities have placed advisory signs in the street area advising motorists of the baseball field and the hazards associated with streets next to such fields. 920 Second Avenue South, Suite 700 • Minneapolis, Minnesota 55402-4023 • (612) 376-4200 • Fax (612) 376-4299 A Member of I3erklev Risk Management Services Group r City of Stillwater • July 13, 1992 Page Two Additionally, we have discussed the City upgrading job descriptions to reflect new laws such as the Americans with Disabilities Act (ADA). We recently received the enclosed job descriptions from the LMCIT so I am sending them to you in the hope they may be useful to you and the City of Stillwater to further enhance the current job descriptions. The job descriptions do reflect current thinking in relation to ADA job descriptions and also incorporate some verbiage on lifting capacities as we have been discussing. I do hope the enclosed will be of assistance to you and the City of Stillwater. As always, if you have any further questions, please do not hesitate to call me. Sincerely, Douglas D. Holm, CSP, MS, CTM Senior Loss Control Consultant Berkley Risk Services, Inc. DDH:eab �. Enclosure pc: Mr. Bob McGarry MC GARRY-KEARNEY AGENCY 243 South Main Street Stillwater, Minnesota 55082 Mr. Peter Tritz LEAGUE OF MINNESOTA CITIES 183 University Avenue East St. Paul, Minnesota 55101 These recommendations are made for risk improvement purposes only. They were not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations that there are no other hazards and exposures in existence. The purpose of the recommendations is to assist in improving the risk exposure and to assist you with your loss control program. Senior Street Maintenance Worker City of Zumbrota Title of Class: Senior Street Maintenance Worker Effective Date: November 30, 1991 DESCRIPTION OF WORK General Statement of Duties: Performs and skilled labor and maintenance work with City streets, storm sewers, water mains, sewer lines, buildings, equipment, and parks; and performs related duties as required. Supervision Received: Works under the general direction of the Street Superintendent. Supervision Exercised: None; may provide technical direction over summer help, on occasion. TYPICAL DUTIES PERFORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. Maintains and repairs streets including patching potholes with blacktop, breaking up concrete, grading alleys and gravel roads, sweeping, and clearing debris. Operates front-end loader and trucks to plow city streets, municipal parking lots, and alleys during the winter; operates sander and applies salt to roadways, sidewalks, and municipal parking lots. Cleans storm sewers, unplugs sewer lines, cleans catch basins, cleans and replaces utility hole covers, repairs and replaces sewer lines or water mains, and taps water mains. Operates jetter and rodder to clean sewer lines in the fall or as needed; flushes water mains. May haul sludge with tractor and tank. Maintains mowers and sharpens blades, assists or performs welding. Removes branches and debris, places cones and barricades around hazards. Performs winterizing work to pool and bathhouse and readies pools for opening in the spring. Obtains needed permits, calls "Gopher State One Call" prior to assigning or performing digging. Handles response to "Gopher State One Call" calls by checking potential digging sites • and locating water and wastewater lines that may be at issue; notifies appropriate parties of situation. (continued on next page) Senior Street Maintenance Worker City of Zumbrota Performs gas and arc welcing, -cement work, carpentry, painting, and plumbing on City buildings, fixtures, And/or equipment as needed. Performs preventative maintenance on department equipment and vehicles; performs minor repair work. Straightens, repairs, and replaces street signs that are damaged; removes hazards in roadways. Uses striper and roller to mark lines on streets and to identify parking areas. Performs miscellaneous cleaning, maintenance, and repair work as needed. Assists with the installation and removal of holiday decorations. Puts up and removes flags for holidays. Flushes, paints, installs, and repairs fire hydrants; prepares hydrants for winter in the fall. Assists water and wastewater department as needed. Delivers equipment and materials to various locations. KNOWLEDGE, SKILLS, AND ABILITIES Considerable knowledge c -f the operation of street department equipment. Considerable knowledge of street, water main, and sewer line maintenance including methods, tools, anc, practices. Working knowledge of ve:aicle, building, and equipment maintenance. Considerable skill in street, sewer line, and water main repair. Considerable skill in welding, and building and equipment maintenance and repair. Considerable ability to perform heavy manual labor, sometimes under adverse weather conditions. Considerable ability to communicate tactfully and effectively with City staff, Gopher State One Call, ani the general public. Considerable ability to operate trucks, front-end loaders, street sweepers, and sanders. Considerable ability to tr iubleshoot maintenance problems and issues. MINIMUM QUALIFICATIONS Valid Minnesota Class B driver's license with air brake endorsement;.and one year of maintenance experience i:icluding buildings, grounds and vehicle maintenance, street repair and snow removal, and sewer line and water main maintenance and repair. 4 1 Maintenance Worker City of Zumbrota Title of Class: Maintenance Worker Effective Date: August 31, 1991 DESCRIPTION OF WORK General Statement of Duties: Performs routine to skilled labor and maintenance work in the public works department; and performs related duties as required. Supervision Received: Works under the technical direction of the street department lead worker and general direction of the Public Works Director; may receive some technical direction from other public works staff. Supervision Exercised: None; may provide technical work direction over summer help, on occasion. TYPICAL DUTIES PERFORMED • The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. i Maintains and repairs streets including patching potholes with blacktop, breaking up concrete, grading alleys and gravel roads, sweeping, and clearing debris. Operates front-end loader and trucks to plow city streets, municipal parking lots, and alleys during the winter; operates sander and applies salt to roadways, sidewalks, and municipal parking lots. Cleans storm sewers, unplugs sewer lines, cleans catch basins, cleans and replaces utility hole covers, repairs and replaces sewer lines or water mains, and taps water mains. Operates jetter and rodder to clean sewer lines in the fall or as needed; flushes water mains. Uses striper and roller to mark lines on streets and to identify parking areas. Performs miscellaneous cleaning, maintenance, and repair work as needed. Assists with the installation of holiday decorations. Puts up and removes flags for holidays. Straightens and replaces street signs that are damaged. Assists with preventative maintenance of department vehicles. Delivers equipment and materials to various locations. Reads water meters and records and reports information. Installs, repairs, and replaces water meters. (continued on next page) Maintenance Worker City of Zumbrota Hauls sludge with tractor and tank. Maintains mowers and sharpens blades, assists or performs welding. Removes branches and debris, places cones and barricades around hazards. Flushes, paints, and installs fare hydrants; may repair fire hydrants, prepares hydrants for winter in the fall. May check and maintain pumps and lift stations or perform other work as assigned for water and wastewater operations. KNOWLEDGE, SKILLS, AND ABILITIES Working knowledge of equipment and vehicle maintenance and repair including procedures, methods, and tools. Working knowledge of the rapair of streets, water meters, sewer lines and water mains. Considerable skill in operation of snow removal, street sweeping, and other public works equipment and vehicles. Considerable ability to perform heavy manual labor for long periods, sometimes under adverse weather conditions. Working ability to work and communicate effectively with City staff, and the general public. Working ability to analyze repair and maintenance problems and determine appropriate solutions. Working ability to follow oral and written instruction. MINIMUM QUALIFICATIONS Class B driver's license with air brake and liquid load endorsements (or must obtain endorsements within six months of employment). Must have six months experience maintaining vehicles and/or equipment or have completed vocational/technical training in automotive repair or equivalent. • • • • LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 92-149 Action Rental American Institute of Certified Public Accbuntants American Linen Supply Arrow Building Center A T & T Bailey, Charles Bayport Pawn & Gun Browning Ferris Industries Bryan Rock Products Catco Company Century Power Equipment Croixland Excavating Earl F. Andersen, Inc. Equipment Supply, Inc. Fred's Tire Service Frito - Lay, Inc. Fritz Company General Industrial Supply George W. Olsen Construction Gopher State One Call Government Finance Officers Assn. Labelawn Turf Farm Lake Management League Mn. Cities Insurance Trust Magnuson, David Metro Waste Control Comm. Miller Excavating M. I. A. M. A. 3 M Company Mn. Correctional Facility MTI Distributing Mogren Bros. North Star Chapter ICBG Northern States Power Co. One Hour Express Photo Pilquist Radiator Service St. Croix Animal Shelter Sports Technology Stefan Associates Stillwater Motor Company Suburban Lighting T. A. Schifsky & Sons Tower Asphalt U. S. West Communications Valley Auto Supply White Bear Dodge Witzel Tree Moving Zee MedicalService Zep Manufacturing Company Cement/Pump Rental Membership Towel Service Boards/Timbers Lease/Rental Storm Sewer Repair Targets/Supplies Portable RTntal Crushed Rock Air Brake Hose Assy. Equipment Parts Backhoe Signs A/C Repairs Tire Repair Concession Supplies Concession Supplies Drill Charger Bandshell Locate Requests Membership-Deblon Sod Weed & Algae Spraying Insurance Premium Legal Services Sewer Service Charges Grade Parking Lot Membership/Conf. Fee Parts -Sign Machine Printing Parts Black Dirt Dues-Zepper Energy Charge Film Processing Radiator Repair June Charges Supplies Lowell Park Project Switch Assy. Repair Ball Field Lights Blacktop Blacktop -Lowell Inn Telephone Service Auto Parts 2 Switch Assys. Transplant Tree Supplies Hand Cleaner 85.20 85.00 14.00 22.8.22 141.75 3,500.00 216.20 144.78 40.41 8.33 72.61 220.00 321.44 544.64 10.50 78.54 421.20 196.60 1,503.00 25.00 120.00 442.01 2,175.50 41,194.00 76,799.00 330.00 365.00 207.68 347.94 24.65 95.00 30.00 520.03 10.37 35.00 129.28 228.78 656.00 12.50 344.70 2,846.45 5,016.91 698.00 838.67 59.10 100.00 119.26 133.34 • c c 7 / 7131q C&Ma a S 01 iln r -0-Q- c�a �1v --w1 . 7 /I 9 z V/Z /1 Z-- 73 "(fey Sdr>,/ FL -6->v? P�-,-- frk. c ees-As r GCI t , A/% -Lug 4t 7 5Ar4 (554--d. / r e -u 1,1 4.At �3 aii. ay. -6 (ct6e-v/ i-,„ c,C.54,-, -1--vv- -1---- 141,,Gyhiett sieli,„,‘,— ot-e,6,, 4.,;A e44 ,,.6--.4..._ -ylicr/z-tr)-1...ja i)f-c,ii, , 3. y6-.4( c o.4 pres5., % r � cf4tirt- teA41 1 s Your cc674few Hcv��cJ 70-4 wad/ff- (6.5 1;1 5/Wt f I 607 -di kel-1- c4. Choc s cri / -3 76T .;A7/ • CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT .1-< r r, ADDRESS 590 1 C\cQ—P.6cA:: �., L)c, 5--P, \k eaev-„r70.,HONE NO. 3`l- 77DcG ' , WHEN DID EVENT OCCUR? CO — — w�`� S \ cQ E Wck \�K s �” e 2 b€',Y WHERE DID EVENT OCCUR? c,,,.,\,,-1 c v\. vs_ 4L 1 S ( \r v\ -e C.C,-t \3c, WHAT HAPPENED? 1i e ZIT Vn. . irr 'eqt , tzt WHY DO YOU FEEL THAT ram; ►i k.4.) -7 `mer e 704. c) �' kt g C elr- THE CITY WAS AT FAULT? '-er)c- t,c s - �4"1/4-r; f�-'Zeticte�i2- s � t c' (.4 261, 1- 1,i h k e d -fJt (_I ) bvl 901.0 /' v7 �c h u f v a s E. -61e J ./ Lr2.sS 91- r erQ_ -C - \ c".31/\. c -A. \ �a S�e.e - w�..� tyc�_c� e,-. STATE THE -} . NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED d o r /11 N e_cir GIfi les.sL/0u -3Ci Pe v e`L, Lye) 14 v 1_1_ ,1 nee cPs- / ) b r(11? NAME OF PERSON MAKING REPAIR; OR GIVING CARE .Ter , q� T'Irc�.v } h(! DATE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. JERRY'S AUTO DETAIL & FRAME, INC. JERRY'S AUTO DETAIL & EXPERT BODY REPAIR AND PAINTING EXPERT BODY REPAIR AND P4 13601 60TH STREET NORTH STILLWATER, MN 55082 PHONE (612) 439-9340 FAX (612) 439-6913 NAMF `V e \(- r \ \ ) ADDRESS D I n `P t �t I YEAR -MODEL -COLOR )CI qt-) REPAIR REPLACE // MAKE OF CAR 13601 60TH STREET NORTH STILLWATER, MN 55082 PHONE (612) 439-9340 '` FAX (612) 439-6913 ctv`q BODY TYPE LICENSE NO 4e4N2-11 f. 4/ JERRY SCHOENECKER - OWNER DAVE BERGUM SERIAL NO 5;/ TOTALS IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REOUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS STARTED. WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY THIS ESTIMAT' CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE THIS WORK AUTHORIZED BY ma y.. OAA A• •AAA• ..•SM. www a•w DATF PHONE DATE WANTED LAEOH %/ 57 «3 70 MOTOR NO PARTS AND MATERIALS LABOR PARTS AND MATERIALS SUBLET WORK TAX GRAND TOTAL MILEAGE SUBLET WORK CLAIM AGAINST CITY OF STILLWATER 411 NAME OF CLAIMANT 9---4---6"":1- ADDRESS /3t7ea - . -5:5-` PHONE N06-0) 3 6 - WHEN DID EVENT OCCUR? q A. ,t, . )77c ,) q .� WHERE DID EVENT OCCUR?„.�� rI/,t-T��/• 4 WHAT HAPPENED? CZ�ri-• � ..(ix,rr,1-) _.iia WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? 1. a d .��t ✓ `�-* r u u�=�— • �2,1-.ta Ze ���oa�-� s STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED/4,.//7241 aw > Ute) -�4 a> A i `�'`- ,,.,4�- �- '777 v / U ✓✓"i1il..(.7--c al v/.- 1 C?I/ 641, �b.�� N �'l•-� I /�-� 1 - /1/IaT`�- �S✓ U/f PY.- NAME OF PERSON MAKING REPAIR; OR GIVING CARE ,� ,� �,,,�,„���t . �� 01 -ley) -`77`4 .icy �, v,,, 1-144 /iege „. - zzG,�A. J✓' J laj 'LP You have to formally notify the City in writing within thirty (30) days of the ,A'44 �`„4 / occurrence of an event whereby you feel you have suffered damages. 44 9, cgs DATE Ch1.. T� c�—z�' �✓ SIGNATURE • Vis. &if —i ULA -�.- )2-1 C7»7 ZZe. � y39-9 s� CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT &4e1')1 (106 42' ADDRESS 946 (L' Wi.( klh Si-. S4 ((wa. ✓ WHEN DID EVENT OCCUR? 7-- I a -1i WHERE DID EVENT OCCUR? Ave ye / oorta S WHAT HAPPENED? f l -o i7 (3d (3 4v6_ PHONE NO. (i(3c (a77 !%'rY WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? .7J J 4' Oe (t /C"TT Se'ul 'z) f •vn l 7 i v sr/ To 4,v/ 1244h N fia- -" STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED DAr? 1 -a-2 ltroldK . 0,53712.06-0 FuwIJAz e uhr -- rf 4-- Y . j 4-117 (k7' 645-s /- sel-v eve) X00 g. Cc, d 71-6 /‘/ 6.- it ti? tic NAME OF PERSON MAKING REPAIR; OR GIVING CARE SPS(, J - 6''vet' ff T 3- l� (-(-7)»M`Ef lam- . i96-2 6- grit, v (C ellArtsTrk 7--/CH-12- DATE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. • CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT ADDRESS Thomas & Del rhino u„hman PHONE NO. 439_2631 WHEN DID EVENT OCCUR? July 12 1992 & July 19 1992 4:00 & 7;00 A.M. WHERE DID EVENT OCCUR? 1100 & 1106 4th St. N. Stillwater. Mn. 55082 WHAT HAPPENED? Building was flooded by back UD of sewer and storm sewer. WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? Faulty sanitary sewer and storm sewer. STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED Undetermined at this time. NAME OF PERSON MAKING REPAIR; OR GIVING CARE Service master . 7/20/92 DATE SIGNATURE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. State Farm Insurance Companies July 14, 1992 Mr. and Mrs. Thomas Hubman 1100 N. 4th St. Stillwater, Mn. 55082 Re: Claim .14: 23-M003-6113 Date of Loss: 7/12/92 Dear Mr. and Mrs. Hubman, 4 STATE FARM INSURANCE ♦ �ti State Farm Insurance Claim Office 1055 East County Road E Vadnais Heights. MN 55110 Phone: 6532300 Enclosed please find our draft in the amount of $5,000.00. This represents payment for the damage done to your duplex as a result of the back up of sewer and drain that took place on 7/12/92. As I explained to you, the policy limits coverage for this type of damage to $5,030.00 for both building and contents. I have prepared an estimate for the building damage. As you can see the damage exceeds the $5,000.00 limit. You will also note that the draft is made out to you and your mortgagee. Please make contact with the place you send your mortgage payments to and find out from them what you need to do to have them sign off the draft. Thank you. If you have any questions, please feel free to contact me at 653-2382. Very Truly Yours, Vicki Rautio Claim Representative State Farm Fire & Casualty Co. 653-2382 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 • :,catie Farm ins. Companies 1055 East County Road E Vadnais Heights MN 55110-5162 (6121 653-2300 07-14-92 Estimate= M003-603 In_.ured: Thomas Hubman Address: 1100 1106 N 4th St. = Stillwater. MN 55082 Operator: VR E=stimator: VICKI RAUTIO Claire Unit= 5 Claim Rep: VRA Phone=(6121 439-2631 - Phone=(6121 653-2382 -Claim Number Policy Number. Cause of Lo,,_. Deductible 23-M003-603 .23-E1-1.841-1 47 ••250 Date Entered 07/14/92 Date of Los_, : 07/12/92 Date Inspected: 07/13/92 Price List: IINVH 44 State Farm Ins. Companies Thomas Hubmar, 07-14-92 Page: 2 41 Room: familu room Subroonil= Offset DESCRIPTION LxWxH: 18' 6" x 12' 3" LxWxH: 13' 7" x 12'11" UNIT QUANTITY COST RCV DEPREC x 8' 0" x 8' 0" ACV R&R Carpet - (material anc labors - High grade R&R Carpet pad C lean concrete ori the floc r R&R Baseboard 7 3 1/2" hardwood Stain & finish baseboard Clean steps (per treads Total For farm lu room Room: Back Entru DESCRIPTION 51 SY 44.6 SY 402 SF 115 LF 115 LF 14 EA 19.03 3.39 0.11 1.89 0.54 1.17 970.53 151.43 44.22 217.35 62.10 16.38 97.06 15.15 21.74 6.21 873.47 136.28 44.22 195.61 55.89 16.38 QUANTITY 1.462.01 140.16 1.321.85 LxWxH: 6' 0" x 5'11" UNIT COST RCV DEPREC 8' ACV R&R Vinyl floor covering (sheet aoodsl High grade Floor preparation for sheet goods. R&R Baseboard - 3 1/2" hardwood Stain & finish baseboard 5 SY 36 24 24 SF LF LF 23.45 117.25 11.73 0.15 1.89 0.54 5.40 45.36 12.96 4.54 1.30 105.1 5.4C 40.82 11.6 Total For Back Entru . Room: STORAGE/WALKIN Subrooml: Closet DESCRIPTION 180.97 17.57 LxWxH: 12' LxWxH: 6' 0" UNIT QUANTITY COST x x 2' 0" RCV DEPREC 163.4C 3' 6" x 8' 0" x 8' 0" AC. R&R Vinyl floor couerino ( sheet goods l - 'High arade Floor preparation for sheet goods R&R Baseboard - 3 1/2" hardwood Stain & finish baseboard Total For STORAGE/WALKIN 7 SY 55 SF 47 LF 47 LF 23.45 0.15 1.89 0.54 164.15 16.41 8.25 88.83 25.38 8.88 2.54 147.7 8.2! 79.9! 22.8e 286.61 27.83 258.7 a State Farm Ins. Companies. Ilkomas Hubman 07-14-92 Paae: 3 Room: BEDROOM #1 DESCRIPTION LxWxH: 16' 7" x 13' 0" x 8' 0" UNIT QUANTITY COST RCV DEPREC ACV R&R Carpet - (material and labor) - Hiah arade R&R Carpet pad Clean concrete on the floor R&R Baseboard - 3 1/2" hardwood Stain & finish baseboard 28 SY 24 SY 216 SF 59 LF 59 LF 19.03 3.39 0.11 1.89 0.54 532.84 81.36 23.76 111.51 31.86 53.29 8.14 11.15 3.19 479.55 73.22 23.76 100.36 28.67 Total For BEDROOM #1 Room: Bedroom 2 DESCRIPTION 781.33 75.77 705.56 LxWxH: 13' 0" x 12' 6" x 8' 0" UNIT QUANTITY COST RCV DEPREC ACV R&R Carnet - (material and labor) - Hioh arade R&R Carpet pad Clean concrete on the floor AligtR Baseboard 3 1/2" hardwood Wain & finish baseboard 21 SY 18.1 SY 163 SF 51 LF 51 LF 19.03 399.63 3.39 61.39 0.11 17.93 1.89 96.39 0.54 27.54 39.97 6.14 9.64 2.75 359.66 55.25 17.93 86.75 24.79 Total For Bedroom 2 Room: bathroom Subrooml: Offset DESCRIPTION 602.88 .58.50 LxWxH: 6' 2" x 4'11" LxWxH: 2' 0" x 2' 0" UNIT QUANTITY COST RCV DEPREC 544.38 x 8' 0" x 8' 0" ACV R&R Vinyl floor couerino (sheet aoodsl - Hioh arade Floor preparation for si:leet good=. R&R Baseboard - 3 1/2" hardwood Stairs & finish baseboard 5 SY 34 SF 30 LF 30 LF 23.45 0.15 1.89 0.54 117.25 11.73 5.10 56.70 16.20 5.67 1.62 105.52 5.10 51.03 14.58 Total For bathroom Room: laundry room ESCRIPTION 195.25 19.02 176.23 LxWxH: 12' 0" x 10' 0" x 8' 0" UNIT QUANTITY COST RCV DEPREC ACV &R Vinyl floor couerina (sheet 000ds) Hioh arade Floor preparation for sheet 000ds Dryer - Detach &reset Wash i na machine Detach & 15 SY 23.45 351.75 35.18 316.57. 120 SF 0.15 18.00 18.00 1 EA 14.24 14.24 14.24 Thomas Hubman. DESCRIPTION reset Total For laundry room Room: Bedroom 3 Subrooml: Offset Subroom2: Hall • DESCRIPTION State Farm Ins. Companies laundru room QUANTITY 46. 07-14-92 Pace: 4 • - Continued UNIT COST RCV DEPREC ACV 1 EA 14.24 14.24 14.24 398.23 35.18 LxWxH: 17' 6" x 13' 0" LxWxH: 13' 0" x 13' 0" LxWxH: 5' 0" x 4' 5" UNIT QUANTITY COST RCV DEPREC 363,05 x 8' 0" x 8' 0" x 8' 0" ACV R&R Vinyl floor couerino (sheet aood=•1 - Hioh orate Floor preparation for sheet goods R&R Ba=seboard - 3 1/2" harcwood Stain & finish baseboard Total For Bedroom 3 Room: Bathroom 2 ,Subrooml: Offset DESCRIPTION 54 SY 23.45 1.266.30 126.63 1,139.67. 419 SF 132 . LF 132 LF 0.15 62.85 1.89 249.48 24.95 0.54 71.28 .7.13 62.85 224.53 64.15 1.649.91 158.71 1.491.4` LxWxH: 5' 6" x 5' 0" LxWxH: 2' 0" x 2' 0" UNIT QUANTITY COST RCV DEPREC x 8' 0" x 8' 0" ACV R&R Vinyl floor couerino (sheet goods l - H i ah orac.e Floor preparation for sheet goods R&R Baseboard - 3 1/2" harcwood Stain & finish baseboard Total For Bathroom 2 Room: Laundry 2 DESCRIPTION 5 SY 32 29 29 SF LF LF 23,45 0.15 1.89 0,54 117.25 11.73 4.80 54.81 15.66 5.48 1.57 105.52. 4.80 49.33 14.09 192.52 18.78 LxWxH: 10' 9" x 6' 9" UNIT QUANTITY COST RCV DEPREC 173.74' x 8' 0" ACV R&R Vinyl floor couerino (sheet goods l - H i rah c race Floor preparation for sheet. goods Dryer - Detach'& reset - Washing -machine - Detach & reset 9 SY 23.45 211.05 21.11 73 SF 0.15 10.95 1 EA 14.24 14.24 1 EA 14.24 ' 14.24 Total For Laundry 2 250.48 21.11 229.37 State Farrn Ins. Companies Somas Hubman 07-14-92 Paae: 5 Room: Storage Room 2 LxWxH: 8'11" x 4' 5" x 8' 0" Subroom1: Offset LxWxH: 8' 5" x 3' 0" x 8' 0" UNIT DESCRIPTION QUANTITY COST RCV DEPREC ACV R&R Vinyl floor covering (sheet good=.l - H i ah arade Floor preparation for sheet aoods R&R Baseboard - 3 1/2" hardwood Stain & finish ba_.eboar d 8 SY 23.45 187.60 18.76 168.84 64 50 50 SF LF LF 0.15 1.89 0.54 9.60 94.50 27.00 9.45 2.70 9.60 85.05 24.30 Total For Storage Room 2 318.70 30.91 287.79_ ** Grand Total - Items ** 6.318.89 603.54 5.715.35 State Farm Ins. Companie_. Thomas Hubman 07-14-92 Paae: Subtotal Item_. Overhead Profit Summary For 47 t 10% tai 10% Replacement Co -:t Value Less Depreciation Actual Cash Value Le=:=. Deductible 6.318.89 631.89 631.89 7.582.67 <724.24> 6.858.43 :250.00? Het Claire $6,608.43 Grand Total Area=.: 4.923 SF Walls 1.14 SF Ceiling 6,537 SF Walls & Ceiling 1.614 SF Floor 208 SY Flooring 616 LF Base VICKI RAUTI7 CLAIM REF' 1 oma=, Hubman Description State Farm Ins.' Companies 07-14-92 Page: Recap By Category With Depreciation RCV Deprec, ACV APPLIANCES CLERNING GENERAL DEMOLITION FLOOR COVERING - CARPET FLOOR COVERING - VINYL FINISH CARPENTRY / TRII"IWORK PAINTING Subtotal O&P Items Ouerhead Profit @ 10% @ 10% 56.96 102.29 657.72 2,032.45 2,266.59 912.90 289.98 65.80 203.26 214.18 91,29 29.01 56.96 102.29 591.92 1,829.19 2,052.41 821.61 260.97 6,318.89 631.89 631.89 603.54 60.35 60.35 5.715.35 571.54 571.54 Total 7,582.67 724.24 6,858.43 • State Farm Insurance Companies July 14, 1992 City of Stillwater Public Works Dept. 11660 N. Myeron Rd. Stillwater, Mn. 55082 RE: Our Insured: Thomas Hubman Claim #: 23-M003-603 Date of Loss: 7/12/92 Property Location: 1100 & 1106 N. 4th St. Stillwater, Mn. 55082 Gentlemen: 4 STATE FARM INSURANCE State Farm Insurance Claim Office 1055 East County Road E Vadnais Heights, MN 55110 Phone: 653.2300 We are writing to you with reference to water damage our insured's sustained, as a result of the collapse of the city storm sewer system and sewer system. The property is a duplex that is owned by Mr. and Mrs. Thomas Hubman. We insure the Hubman's and have limited coverage for this damage of $5000.00. The damage to the dwelling and contents is much more than that. We have made payment to our insured's in the amount of $5000. We are now looking to the City of Stillwater for reimbursement of the monies we have paid out. We are making a subrogation claim against the city of Stillwater for the monies we have paid out. Please refer this letter you your insurance carrier and have them contact me. Thank you for your cooporation. Very Truly Yours, Vicki Rautio Claim Representative. State Farm Fire & Casualty Co. 653-2382 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 CLAIM AGAINST CITY OF STILLWATER NAME OF CLAIMANT ADDRESS 01 Y'� y f WHEN DID EVENT OCCUR? WHERE DID EVENT OCCUR? WHAT HAPPENED? LJ A' tt PHONE NO.45O —'f �D6 �,1 /I2! / , l a 9� r� �. a/ /9, /99 «3o— Ccs Leh:11;Z WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? ae-ri / -I IA 17 STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATEDD NAME OF PERSON MAKING REPAIR; OR GIVING CARE 4}/ 6/DATE 1 9 2 NATURE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. 4i/azzl2 / 6,--(x.e.A,)84,0 dile(_( „0 oc J v � c �J ha., 3 ea- o cs —v. '//2Z'W/ Le- '- 575-0 E ar Co-tei 7-'7- / WLte utitizA, �GLCC�tLvyc-e-u-eti 0/Sao, oo /c.)d0.00 0,0C-00 c 00. o0 1300,00 ©©- 00 6 00, 00 o -6-o . 0 ,5-ov.00 r--(30,00 01710-00 D0,00 a-0o /0-6.00 Via.. 00 .fo0,00 500.00 j 0-6, C.) d .00-00 goo, a a 5o o. oo 600.00 7o,00 /ado dv 5-c.), 0 c, / &Q, Co a© (900.00 fLefecAtiJ ao o, o o 1 ST. CROIX AREA UNITED WAY OFFICERS LYNN SHAFER President RODELL L. HOFLAND VP -Campaign JENNY SCHLAGENHAFT VP -Publicity JOHN T. HALL VP -Allocations KEITH OLSON Treasurer KATHY RECK Secretary MICHAEL A. MORRISON Past President BOARD MEMBERS JAMES BRADSHAW PAM BROMEN WENDY L. EHLENZ SUSAN K. FERGUSON TRACEY A. GALOWITZ JEFF HANSON BARBARA HELD CHIP HOOLEY ROGER KARRICK PAUL KIOLBASA MIKE MAHONEY ERVIN NEFF HARRY D. PETERSON ROBERT E. PETERSON DEBBIE PIERRE LAWRENCE A. SEVERSON THOMAS THOMSEN LIZ WEAVER DAVID WETTERGREN STEVE ZINNEL DIANE THOMPSON Life Member STAFF JC PFEIFFER Executive Director LAURIE MAHER Community Services JOANNE BERG Administrative Ass't. N. 14791 fi N. 60TH ST., SUITE 2, STILLWATER, MINNESOTA 55082-6359 612/439-3838 July 9, 1992 Mayor Wally Abrahamson and Members of the City Council 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Abrahamson and Council Members: The St. Croix Area United Way is requesting permission to hang two United Way street banners, one on Main Street near Olive; and one on Chestnut Street near Union. The thrust of our fund drive will be in September and October. We are planning a special Kick Off Event - "Colors of Love" - in Lowell Park for Sat., Sept. 12. Therefore, we would like to have at least one of them hung sometime during the last week of August. They can be taken down around Nov. 1. We understand that the Stillwater Fire Department will hang and remove the banners. The banners measure 30' by 30", have a white background with black and red lettering, and the standard United Way logo. They are made of heavyduty canvas. Sincerely, /IX Pfeiffer Executive Director JP:lm cc: Rod Hofland, Campaign Chair Jenny Schlagenhaft, Publicity Chair Stillwater Fire Department tu4-14 �p-,s Cit /-"Lct 6 U4frt ��'' /lt dr--� 0/ f o/s- — To Increase the Organized Capacity of People to Care for One Another iliwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 17, 1992 SUBJECT: WORKSHOP WITH CUB It is recommended the City Council set August 11 at 4:30 P.M. to hold a workshop with CUB Foods to discuss the CUB proposal to the School District and City involvement. By that time, the Presentation Alliance Study will be available. The Economic Development Council Committee has met with CUB and the School District regarding the proposal. It is now time to update the full Council. RECOMMENDATION: Set Tuesday, August 11, 1992, at 4:30 P.M. for the workshop with CUB. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 MEMO TO: MAYOR AND COUNCIL FROM: MARY LOU JOHNSON, CITY CLERK DATE: JULY 17, 1992 SUBJECT: CHANGE OF DATE FOR SEPTEMBER 15 COUNCIL MEETING The second meeting date in September falls on the 15th which is also the Primary Election date. Therefore, I am requesting Council authorization to change the meeting to another date. Since there are five Tuesdays in September, it has been suggested that the first meeting be changed to September 8 with the second meeting on September 22, thereby placing the meetings two weeks apart. Council direction is requested. ENGINEERS / ARCHITECTS / PLANNERS 3535 VADNAIS CENTER DRIVE, ST. PAUL, MN 55110-5108 612 490-2000 800 325-2055 July 14, 1992 Mr. Nile Kriesel, City Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Kriesel: RE: Stillwater, Minnesota Downtown Improvements City Project No. L.I. 257 SEH File No: 89255 As you requested, we have discussed the electrical revisions to the bakery on the corner of Chestnut and Main with Mr. Chuck MacFarlane of NSP. Mr. MacFarlane's understanding of the project, after previous meetings with Kivel Electric, who did the work for the bakery, that a buck boost transformer would more than likely be required. As you recall, we did have a meeting with the State Electrical Inspector, NSP and Kivel Electric and it was my recollection of that meeting that everyone felt, except Kivel, that the 208 service instead of the 240 would work okay. Recently the bakery has informed us that their mixers are only running at half speed and the refrigeration unit is not fully in operation. The owner of the bakery has a new compressor ready to install in the refrigeration unit, however, he does not want to have a contractor install this until such time as the electric feed is straightened out. Apparently a buck boost transformer as I said is required to improve the voltage from 208 volts to 240 volts to make the operation of the old equipment in the bakery satisfactory. As I recall, it seems that at the time of our various meetings on this situation, a figure of between $500 and $700 was used for the cost of a buck boost transformer. I believe that two transformers may be needed. I'm not sure that NSP would be willing to share in this cost since their opinion is that they accommodated the City in moving the transformer to the bank property instead of trying to obtain an easement at the corner of Water Street and Chestnut. However, this is something that could be investigated. We would suggest that the City contact one of the local electricians to review the situation • and provide an estimate for installing a buck boost transformer, or two if needed, and then we can discuss this with NSP. SHORT ELLIOTT 91. HENDRICKSON INC. ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI Mr. Nile Kriesel July 14, 1992 Page 2 I am enclosing the information that I have on past meetings and telephone conversations as well as Kivel's letters to the City. If there are any questions, please contact me. REM/cih Enclosure • • Sinc ely, Richard E. Moore, P.E. City Engineer Date • RECORD OF TELEPHONE CONVERSATION proem zg��z Title 25-7 51744.444-77-4. /0, Ts et; (pm) Individual .., G/e—• IW4 Al S.P Organisation Subject ITEMS DISCUSSED • By 5p Tito %` tc...tlaP/400. t2 - Location L11If277i— g70/91/Z. 14/lrr 47 di4 Phone No. Z 779 - 5/SZ Az 7i 7Y t- STC. wife-/ �t4-/C-11// . G "G - %?Jiv e ' 1 t ..'1‘ /o;.._` " I • +'Sa. it . TT sM1 /t/Q ? let Lig/Z TO /�/2-11r/D, 1 - /Al VOL -774615,r' rr: cf, t%` G.T7on./ :ie- -1-64 77171L-V<—&i/2?"1,4 T ' 777i -kt5 iu04-5 / 04./ A -a . 4 T ai-tr# r 77V -i l , / z Dili ,. /144/0•A /u/ wo "L-4, 4,5A,Ailec-(ro- -ctwintas ole G/ 4 4,0/070,4,v T� -tJov O 1/4/4-0_,_22§2,A/ /140,e4_ 7 i#.... / /214 l' -7.4.L/ :1.i woi4- l T w4'4d Md t/G0 e io • MAR—,l 8— 1 WED 1 2: 1 0 B_ P_ L Z TTLE • rra x`54' CANADA On July 1, 1991, Kivel Electric signed to contract with Delaney's, Construction to install a 200amp/240volt single phase feeder for the businesses located at 306 E. chessnut. The location of the transformer would be located in the vacant lot next. to MerChantile store on Water Street. On July 1, 1991, Kivel Electric also signed a contract with Mr. Michael Hudson to install underground wiring of 2.00amp/240volt three phase to existing service in the basement of the bakery located on Main and Chestnut. It was also understood then new feeder of 100amp/240volt would be installed to the businesses that axe operated on the second floor above the bakery. On or about. July 5, 1991, I was informed by Mr. Bernie Cille, an NSP Project designer, that the location of the transformer was to be changed. The transformer was not going to be placed in the vacant, lot as shown by construction blueprints held by Johnson Brothers construction. The new location was changed to the corner of Myrtle and Water Streets. This change of location caused a change of the amount of labor and amount of materials needed to complete the job. I explained the need for monetary increases to Mr. Hudson and Mr. Laskin, the owners of the involved properties. They were very upset with the increases, but understood that the increases were beyond my control. They agreed to pay the additional costs for the labor and materials that were required. While working with a electrician from Collins Eletric Company installing the new pipes into where the new Cabinets would be placed, he mentioned to MA that the power being supplied by 14P would would be 208volts three phase instead of the 240volts three phase. The buildings at 131 S. Main and 206 E. Cheetnut are now being supplied by 240volts three phase power. This change: in voltage from 240 to 208volts• causes major changes in the wiring of the services in 131 S. Main. Additional (approx.) cost thae will happen because of this el. -lenge in power supplied by NSP are: 1. Change in metering 306 E. Chestnut ~55.00 `—' o 54f -"et l CAlAkeve 2. Change in the wire pulled for bakery $380.00'10- -eeie 'i. 441-.74---i tn.:) I vtelrodoe 7a 3. Change in the metering for the bekery $480.00 o Z6� N'v a do 4 • Change in the metering above the bake -y 420.00 �+c)(e � Ti-4J(pk-5 711- Nt. o4-7covit/t¢� ova 711S. j4'7 F �h4•i.l �►�=+ �5 T --T tt j s '` Total cost of changes: $1335.00 7a,uG*Jf -/to t �1�/p. A C--tyr-L- P 0 1 i• I wish to have it understood that Kivel Electric is not responsible for the operation of equipment in the bakery as a result of the change in voltage, A poscible solution, Buck boost transformers could be installed for an additional cost I do not think that Kivel E1eceric, or Mr. Hudson should be responsible for these Additional coets. i would like a commitment from NSP or the city of st.i1iwater before the feeder wire is pulled and creeefer from ovc.'rhe d feed to undergroud feed is completed. 2 6- 9 2 T H U 7: 5 9 BUDGET PO W E R I G H /vv 926 Christensen St. Paul, MN 55118 457.105'0 doe pflor 1 or 2 PHOI'0ti('L TO: CITY OF ;TILLWA I I. k C/O; CITY ENGINEER THIS IS AN EXPI ANAI ION OFF AQDITIONAL COST FOR ELECTRIC 4,1"kvICE AT 306 E CHESTNUT AND 131 :; . MAIN. DUE TO THE CHANM t;► u01 I AGE FROM 24.0 ro 208 VOLS. 1 CHANGE IN METE: R I Nei .50E; F. CHESTNUT. SS . 00 NSP REQUIRES TIIL u;rp(;L Of STH TERMINAL ON ME if'll !;tl KE E . I HAVE REPLACED T111'; MEWR R SOCKT. LABOR AND MATER flI :' CHANGE IN WIRE. v'n I. I0 HAKERY 380.00 CHANGING FROM .'di ) CHANGES THE SIZE OF W f f I I;r, I WOULD HAVE BEEN USED ON !HI Iti'•. t' LSI). M.a.F?--2E._ 2 TNU = Iii 13UDIC; E-1- .'•1 ,, k • • 926 Christensen St. Pau!, MN 55778 457.7060 • • PPOF0sm CHANGE IN METERING r uk tor. 8AKERY . 480.00 IF 240V SERVICE HAiI BffN MAINTAINED I WOULD NOT HAVE HAL) 10 MAKE ANY CHANGES IN THE METE=k 1 hx, : 'tS FFIM FURNISH PND INSTALI f.OMmiRcIAL 3 PHASE METER SOCKET. REMOVE OLD METERING LOP] A5 NEEDED. CHANGING OF METERING; FONT. MUST BE PERFORMED WITHOUT ] N f ERRUP 11 ON TO BAKERY BUSINESS. 4 CHANGE IN METERING AHUVL 13Ah:IRY . IF 240V SERVICE HAD HEItN MAINTA1NEO I WOULD NOT HAVE HAU 10 MAKE', ANY CHANGES IN THE METERING :.YS1FM T-URNISH AND INSTALL (.:OMt W:AAL ME FER SOCKET WITH STH TERM1NAi A:. REQUIRED REMOVE OLD METER TN(; I QI' 1 . NEEDED THIS WORK MUST F3E !'ERi.0“NI0 :I0 POWER IS NOT INTERRUPTED IN T[0 13U`.i t NES SES 420.00 1OTAL 1335.00 P 02 Proposal EQUIPMENT SUPPLY INC. SALES & SERVICE Mechanical Contractors: HEATING — AIR CONDITIONING — REFRIGERATION PROPOSAL SUBMITTED TO City of Stillwater City Hall, Police and STREET 216 Fourth Street North CITY, STATE AND ZIP CODE Stillwater, Minnesota 55082 ATTENTION Mr. Nile L. Kriesel 1 Fire 24 HOUR PHONE: 646-2571 593 NO. FAIRVIEW AVE., ST. PAUL, MINN. 55104 DATE July 16, 1992 We hereby submit specifications and estimates for: Re: Proposal for renewal of ,the Preventi_ye_4ain mance/Service Agreefor the HVAC equipment ._located at the (ty Hall,.Fire.and Police Building for t'- period._ July. 1, 1992, through June 30, 1993. We proposeto. continue extensive quarterly.preveitnve maintenance and emergency service on the following equipment:__ Two Trane A/C Condensers. One Trane A/C Condensing Unit Three Trane .Air Handlers with Heating. and Cooling Coils ...Honeywell Pneumatics System --. Lennox. Electric.Central_Heating. Bryan..Hot Water Boiler Two Boiler System Pumps Maintenance to include cleaning, lubricating, adjusting and checking the operation of the equipment. ..Authorized repairs to be billed at a reduced.rate. be renewed ..upon agreement..by both parties. .... Program may .uarterly Cost of...the program for the. coming .year ........................ $ 615.00 .Annual Cost ..................... .2460.0- 0 Please call if there are any questions. Please sign and return one copy. VirnpnBP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Two Thousand, Four Hundred Sixty and No/100 Payment to be made as follows: Quarterly payments of $615.00 dollars ($ Customer agrees to pay a FINANCE CHARGE of 11/2% per month on past due balances. This is equal to an annual rate of 18%. Alt material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica• tions involving extra costs will be executed only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. .rcptatur of limup Tsai —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do 'the work as specified. Payment will be made as outlined above. Date of Acceptance: Authorized Signature lien L. Hanson Note: This proposal may be withdrawn by us if not accepted within Signature Signature 2460.00 days. 1rupL1a1 EQUIPMENT SUPPLY INC. SALES & SERVICE Mechanical Contractors: HEATING — AIR CONDITIONING — REFRIGERATION PROPOSAL SUBMITTED TO City of Stillwater Public Li:'Drary STREET 225 North 4th Street CITY, STATE AND ZIP CODE Stillwater, MN. 55082 ATTENTION Mr. Nile L. Kriesel We hereby submit specifications and estimates for: RE: Proposal for renewal of the P __equipment located ....att Library Building June 3.0,1993. 1 24 HOUR PHONE: 646-2577 593 NO. FAIRVIEW AVE., ST. PAUL, MINN. 551 DATE July 16, 1992 intenance/Service Agreement for the HVAC... or the period July 1, 1992 through... We. propose..to_.continue extensivequarterly on. the . following..e.quipment: One . Trane A/C._Condensing_. Unit One Trane_ Air. Handler. with. Heating & .. Cooling Coils ... _ ... Burnham Steam.. Boiler Pneumatics Sytems..... preventive maintenance and emergency service One. Hot Water Unit Heater ....._ One Condensation Pump Two Boiler...System Pumps_ ._.... . Three Rooftop Exhausts .One.Hot Water Heater Maintenance to.. include .... cleaning,lubricating, adjusting and checking the opeation of the... equipment... Authorized repairs to be. biiled at -a -reduced rate. Program may be renewed -- upon _..agreement ..by both... parties.. .............. _Quarterly Cost of..the ..Program .for the.Coming..Year................ ..$666.00. Annual $200 - Please call if there any questions. Please sign and return one copy. G li P Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Two Thousand Six Hundred Sixty Four Dollars Payment to be made as follows: Quarterly Payments of $666.00 and NO/100 dollars ($ Customer agrees to pay a FINANCE CHARGE of 11/2% per month on past due balances. This is equal to an annual rate of 18%. All material is guaranteed to be as specified. All work tc be completed in a workmanlike manner according to standard practices. Any alteration o• deviation from above specifica• tions involving extra costs will be executed only upon wi itten orders, and will become an extra charge over and above the estimate. All agreements c antingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensatior Insurance. Araptaitre of Proposal —The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made 9s outlined above. Date of Acceptance: Authorized Signature 2,664.00 Allen L. Hanson Note: This proposal may be withdrawn by us if not accepted within Signature Signature )• riays.1 o11 Statement of Clainsnd Summons State of Minnesota . Conciliation Court COUNTY OF ,WASHINGTON NO,—�%' L' 1 Zq 2— • • PLAINTIFF •1 eFENDANT 01 NAME AND ADDRESS 07-11 S CLgbE� cio/0 4,43i: 4r.A. 41,6 NofTk Sr t// t,./.rrr,C, I-1 '5 o -7 NAME AND 35 /U F. L F KreciaL C: -T7 0-C Srz!/4d4rfrt c. ./ Hull l�loRiti STT.FfT- 7 Z1/w4TE K _ MT N1,FSOT-4. SS o A:) Name 1T mt7-4 5 J1,1(15 tATEMENT being duly sworn says OF is at least 18 years CLAIN that the defendant is that the defendant is plus $ 16.00 disbursements, by • IOT WRITE ,ow ma LINE IUMMONS IOTICE OF NEARING • FAILURE D APPEAR PLAINTIFF d2 NAME AND ADDRESS YS. NAME MAD ADDRESS DEFENDANT d2 D.00'.9 a Title P 14i Ai ; s that _____he is the plaintiff above named; that the defendant old; that the defendant is not now in the Military Service; a resident of Ait ro ' County; and alleges indebted to the plaintiff in the amount of $ ) 59 43 filing fee, totalling $ „Q7)5763 , plus reaso n of the following facts: 00E T( LE GLrLts tuE61L66.0C'E hLT 4^J a.,; roc.) 64 SrTtcr +1T 1/ oo P.rr Diliv/4 GC 16 n7 Q 4,.) ;ham C-77 D (AI -t 0 /`t7 tliiM NU I ANY S I AMP vl•1 t;LEHK'S SAL tea) Am -chi -0 prrlltie" qT ,)z-Ghr C4v.s(i.'6 WE(A'0 ,L 57-1f(&,.rrt.0 5 2:-Nf‘,.t4�CE CoMPq,� y UUtiSt,HltltJJ MC SWUM BEFORE ME ON: JUN. 1 0 1992 If*AWUYt SIAILFAt11t iW 4.4.A8114 1NMNN CORRECT TO�THE BEST CF1fY KNOYVLEDG / E SIGNATURE: 1 Ant.L2 TELEPICNE YJ`?- Tip 3' (l THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT You are hereby summoned to appear at the bearing of the above entitled ase at 1:00 p • m., on Time July 29, 1992 ,u Washington County Govt Center, 14900 61st St No,Stillwater Dam ram Dated: 6/17/92 Judge Quinn Deputy Is 1 1 _ Failure to the defendant to appear in Court may result in a default judgment being entered against I him. Failure of the plaintiff to appear may result in dismissal of the action or a default judgment being entered in favor of the defendant on any counter -claim which bas been interposed. NOTICES MAILED • BOARD OF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER, MINNESOTA 55082 BOARD MEMBERS: DON JAHNKE, President JOHN L. JEWELL JAMES WEAVER • July 15, 1992 Mayor and Council 216 Fourth Street North Stillwater Mn 55082 Re: #10 Well Site. Dear Mayor and Council, DENNIS McKEAN Secretary/Manager At the most recent meeting of the Board of Water Commissioners, July 9, 1992, the Board unanimously agreed an immediate need for another municipal well is imperative for 1993. The Water Department would like to begin drilling No. 10 Well in the Highlands Addition, in January or February 1993. Some issues to be discussed, include bonding, summer well usage only for a couple of years, or building a well house next year. The Board will be discussing the wellhouse and location issues with the Parks and Recreation Commission in the near future. Therefore, with Council approval, the Board of Water Commissioners respectfully request, the City Attorney be directed to have the Developer execute and deliver to the City a deed for property of approximately 150' x 150' in the extreme S.W. corner of proposed park land. Sincerely, Dennis McKean • Tress: (715) 386-9807 July 9, 1992 Village of North Hudson 400 Seventh Street North Hudson, Wisconsin 54016 Clerk: (715) 386-5141 City Clerk City of Stillwater 216 N. Fourth St. Stillwater MN 55082 Re: NOISE CONTROL VIOLATIONS ON THE ST CROIX Dear Clerk: Public Works: (715) 386-1730 The North Hudson Village Board of Trustees has acted to contact the St. Croix County District Attorney, Eric Johnson, regarding noise control violations taking place on the St. Croix river, and to request that measures be taken to enforce Wisconsin Statutes 30.62(2)(a)&(b). It is the desire of the Village Board that neighboring communities join with them in this effort. We ask that you also contact the county district attorney in support of this request. We also suggest that local laws be researched to determine the proper authority responsible for enforcement under Minnesota law. Perhaps a joint effort on both sides of the river will initiate the correction of flagrant violations of noise restrictions that now take place. We will appreciate any action that your governing body may choose to take in a joint effort to encourage the enforcement of noise control on our river. Enclosed is a copy of our letter to the county along with copies of the state statutes that apply. Sincerely, , LaVonne McCombie, Clerk Village of North Hudson pc Village Board °Tress: (715) 386-9807 • • July 9, 1992 Village of North Hudson 400 Seventh Street North Hudson, Wisconsin 54016 Clerk: (715) 386-5141 Mr. Eric Johnson, District Attorney St. Croix County 911 Fourth Street Hudson WI 54016 Re: UNMUFFLED MOTORBOATS ON THE ST. CROIX Dear Mr. Johnson: Public Works: (715) 386-1730 On behalf of the North Hudson Village Board of Trustees, I am writing to call your attention to the situation as presently exists on the St. Croix river in regards to noise from unmuffled motor- boats. otor- boats. Wisconsin Statutes Section 30.62(2) clearly states, "the engine of every motorboat propelled by an internal combustion engine and used in the waters of this state shall be equipped and maintained with a muffler underwater exhaust system or other noise suppression device." continuing under (b) "no person may operate a motorboat powered by an engine in the waters of this state in such a manner as to exceed a noise level of 86 measured on an "A" weighted decibel scale." In addition Section 30.03(2) states "the district attorney of the appropriate county or ---the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter or ch. 31." It is very clear that excessive noise and/or unmuffled boats on the river is in violation of state statutes and that it is the respon- sibility of the county district attorney to ensure enforcement. With this in mind, the North Hudson Village Board has acted to call to your attention the flagrant violations of state statutes and of St. Croix Countv Boating Regulations which incorporates said statutes, taking place regularly on the St. Croix river. We also request that your office begin at once to take proper measures to correct this situation. By copy of this letter to neighboring communities along the St. Croix, we will be asking them to join us in our concern to control the excessive noise on the river. Kindly notify the Village of the specific action you intend to instigate in this matter and when this action will take effect. Mr. Eric Johnson -2- July 9, 1992 If Village Board members can assist your office in this effort in any way, please feel free to contact them or me. Dennis L. Nordstraid Village President DLN/lm Enc. pc City of Hudson City of Stillwater City of Bayport City of Lakeland City of Lake Wit. Croix Beach City of Afton City of Lakeland Shores City of St. M&ry's Point City of West Lakeland 1 • 687 89-90 Wis. Stats. NAVIGABLE WATERS, HARBORS AND NAVIGATION 30.07 pplicant shall file proof of publication under this paragraph ith the hearing examiner at or prior to the hearing. I lislory: 1987 a. 374. 30.025 Optional permit procedure for certain electric gen- erating facilities and high-voltage transmission lines. (1) Any electric utility, as defined in s. 196.491 (1), proposing to construct a facility, as defined in s. 196.491 (1), which facility is to be located adjacent to a waterway in such a manner as to require one or more permits to be issued under this chapter and ch. 31 may, in lieu of separate application for permits under those chapters, submit an engineering plan together with any additional information required by the department. Such plan shall be filed with the department within 20 days after an application for a certificate of public convenience and necessity is filed with the public service commission under s. 196.491 (3). The department may require supple- mental information to be furnished thereafter. (2) Once electric utilities have met the requirements of sub. (I), the department shall schedule the natter for public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985. The department may give such further notice as it deems proper, and shall give notice to persons requesting same. One copy of the application shall be available for public inspection at the office of the department, at (east one copy in the district office of the department and at least one copy at thc main public library of the area affected. (3) The department shall grant the necessary permits if, after hearing, it finds that the applicant has shown that the proposal: dik(a) Complies with environmental statutes administered by hc department and rules promulgated thereunder, and fed- eral environmental standards which the department has authority to enforce. (b) Does not unduly affect: 1. Public rights and interests in navigable waterways; 2. The effective flood flow capacity of a stream; 3. The rights of other riparian owners; or 4. Water quality. (4) The permit may be issued upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The department shall grant or deny the application within the time limit applicable under s. 196.491 (3) (1). history: 1975 c. 68; 1985 a. 332 s. 251 (I). 30.027 Lower Wisconsin state riverway. For activities in the lower Wisconsin state riverway, as defined in s. 30.40 (15), no person obtaining a permit under subchs. I, II or V may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under s. 30.44 or 30.445. History: 1989 a. 31. 30.03 Enforcement of forfeitures; abatement of nui- sances; infringement o1 public rights. (2) The district attor- ney of the appropriate county or, at the request of the department, thc attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter or ch. 31. (3) All forfeitures shall be recovered by civil action as Orovided in ch. 778 and when collected shall be paid directly nto the state treasury. (4) (a) If the department learns of a possible violation of the statutes relating to navigable waters or a possible infringe- ment of the public rights relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law. The department may order a hearing under ch. 227 concerning the possible violation or infringement, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to fully protect the interests of the public in the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under s. 111.07 (7). (b) No penalty may be imposed for violation of a hearing examiner's order under this subsection, but violation of a judgment enforcing the order may be punished in civil contempt proceedings. l lislory: 1979 c. 32 s. 92 (8); 1979 c. 257; 1981 c. 390; 1983 a. 524; 1987 a. 374. Initiation of proceedings under (4) discussed. Omernick v. Dept. of Natural Resources, 100 W (2d) 234, 301 NW (2d) 437 (1981). Department of Natural Resources may enforce terms of lakebed grants tinder (4) (a) as long as such enforcement does not conflict with 30.05. OAG 21-89. 30.05 Applicability of chapter to municipally -owned sub- merged shorelands. Nothing in this chapter relative to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters is applicable to submerged shorclands in Lake Michigan, the title to which has been granted by the state to a municipality. 30.06 Waiver of certain provisions of this chapter. The department, by rule, may waive the applicability to specified navigable waters of the United States of all or part of those provisions of this chapter which relate to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters. The department may promul- gate such rule only after it has entered into an agreement with the appropriate federal agency wherein it is agreed that the comparable federal law will be enforced on the waters in question in lieu of the state law which is being waived. The objective of such agreement shall be to avoid duplication of administration with respect to navigable waters over which this state and the U.S. government have concurrent jurisdic- tion, in those situations wherein administration by a single governmental agency will tend to avoid confusion and the necessity of obtaining permits from both the state and federal governments by those who are subject to the law and at the same time will adequately protect the public interest. The agreement may contain such further provisions as are designed to achieve this objective. Ilistory: 1981 c. 390 s. 252; 1985 a. 332 s. 251 (I). 30.07 Limits and conditions for permits and contracts. (1) (a) Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the project is completed within 3 years after the permit or contract was issued. (b) The department may specify a time limit of less than 3 years for a permit or contract issued under ss. 30.01 to 30.29. For good cause, the department may extend the time limit for a permit or contract issued under ss. 30.01 to 30.29 for no longer than 2 years if the grantee requests an extension prior to expiration of the initial time limit. ( 1 it rfk 30.61 NAVIGABLE WATERS, HARBORS AND NAVIGATION (b) One lamp aft showing a bright white tight all around the horizon and higher than the white light forward. (c) On the starboard side, one lamp showing a green light, and on the port side, one lamp showing a rcd light, both fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow. Each such side lamp shall be so constructed as to show an unbro- ken light over an arc of the iorizon of 10 points of the compass and shall be so fixed as to throw the light from directly ahead to 2 points aba't the beam on its respective side. (4) SAILBOATS WITII MOTORS. Sailboats cquippcd with mo- tors and being propelled in whole or in part by such motor must comply with sub. (2) or (3), whichever is applicable. Whenever such a sailboat is bci ng propelled entirely by sail at any time from sunset to sunrise it shall have lighted the lamps showing the colored lights specified in sub. (2) or (3), but not the lamps showing the white lights, and shall carry ready at hand a lantern or flashlight sh6wing a white light which shall be exhibited in sufficient time:to avert collision. (5) SAILBOATS WITHOUT MOTORS AND ROWBOATS. Every boat propelled by muscular uifower and every sailboat not equipped with a motor, wher under way at any time from sunset to sunrise, shall carr) ready at hand a lantern or flashlight showing a white li t which shall be exhibited in sufficient time to avert collisi n. (6) CERTAIN MOORED, ANCH RED OR DRIFTING BOATS; OTI IER STRUCTURES. (a) Except as rovidcd under par. (b), any moored, anchored or driftin, boat or any other fixed and floating structure outside designated mooring areas or bc- yond 200 feet from the shoreli:Ie is required to be lighted from sunset to sunrise by a whi`ic light visible all around the horizon. (b).This subsection docs not require any light to be shone from duck blinds constructed on emergent vegetation. (7) PERFORMANCE SPECIFICATIONS FOR LAMPS. Every white light prescribed by this section shall be of such character as to be visible at a distance of at kast 2 miles on a dark night with clear atmosphere. Every colored light prescribed by this section shall be of such char ^cter as to be visible at a distance of at least one mile on a dark night with clear atmosphere. (8) OPTIONAL LIGHTING REQUIREMENTS. Any boat may carry and exhibit the lights rrquired by the federal regulations for preventing collisions at Tea, 1948, federal act of October 11, 1951, (33 USC 143-147d) as amended, in lieu of the lights required by subs. (2) and (3). (9) DEPARTMENT TO PROMULGATE RULES. The department shall promulgate rules modifying or supplementing the light- ing requirements of this s.ction as necessary to keep the requirements in conformity with the lighting rules adopted by the U.S. coast. guard. History: 1973 c. 302; 1979 c. 215; 1985 a. 243; 1987 a. 399; 1989 a. 359. 30.62 Other equipment. (1) WHEN EQUIPMENT REQUIRED. No person shall operate any boat on the waters of this state unless such boat is cquippcd as required by this section and the rules of the department promulgated under this section. No owner of a boat shall rent such boat to any other person for use upon the waters of this state unless such boat is equipped at the time of rental as required by this section and thc rules of thc department promulgated under this section. If such boat is properly quipped at the time of rental for conditions then existing, the responsibility of the owner under this section is met, notwithstanding a subsequent change in the number of pissengcrs or a change in timc from daylight to dark. 89-90 Wis. Stats. 720 (2) MUFFLER REQUIREMENT AND NOISE LEVEL STANDARDS. (a) Mufflers. The engine of every motorboat propelled by an internal combustion engine and used on the waters of this state shall be equipped and maintained with a muffler, underwater exhaust system or other noise suppression device. (b) Maximum noise levels for operation. No person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an "A" weighted decibel scale. (c) Maximum noise levels for sale. No person may sell, resell or offer for sale any motorboat for use on the waters of the state if the motorboat has been so modified that it cannot be operatcd in such a manner that it will comply with the noise level requirements under par. (b). (d) Maximum noise level for manufacture. 1. No person may manufacture and offer for sale any motorboat for use on the waters of this state if the motorboat cannot be operatcd in such a manner so as to comply with the noisc level require- ments under par. (b). 2. The department may promulgate rules establishing testing procedures to determine noise levels for the enforce- ment of this section. 3. The department may revise these rules as necessary to adjust to advances in technology. (c) Tampering. No person may remove or alter any part of a marine engine, its propulsion unit or its enclosure or modify the mounting of a marine engine on a boat in such a manner as to exceed the noise levels prescribed under par. (b). (f) Local regulation. No political subdivision of this state may establish, continue in effect or enforce any ordinance or regulation which prescribes noise levels for motorboats or which imposes any requirement for the sale or use of marine engines at prescribed noise levels unless the ordinance or regulation is identical to the provisions of this subsection or rules promulgated by the department under this subsection. (g) Exemption for specific uses. This subsection does not apply to any of the following: 1. A motorboat while competing in a race conducted under a permit from a town, village or city or from an authorized agcncy of the federal government. 2. A motorboat designed and intended solely for racing, while the boat is operated incidentally to the testing or tuning up of the motorboat and engine for the race in an area designated by and operated under a permit specified under subd. I. 3. A motorboat on an official trial for a speed record if conducted under a permit from a town, village or city. 4. The operation of a commercial or nonrccreational fishing boat, ferry or other vessel engaged in interstate or international commerce, other than a tugboat. (h) Exemption by rule. The department may promulgate by rule exemptions from compliance with this subsection for certain activities for certain types of motorboats for specific uses and for specific areas of operation. (i) Exemption for certain agents. This subsection docs not apply to an authorized agent of the federal, state or municipal government when operating a motor boat necessary to carry out his or her official duty of enforcement, search and rescue, fire fighting or research programs. (3) PERSONAL FLOTATION DEVICES. Every boat shall carry at least one personal flotation device prescribed by federal regulations for each person on board or being attended by the boat, so placed as to be readily accessible and available to the persons. This subsection docs not apply to sailboards. (4) FIRE EXTINGUISHERS. (a) Every motorboat, except out- boards of open construction, shall be provided with suelt� number, size and type of fire extinguishers, capable of • July 15, 1992 GB • Ms. Elaine Whinnery. 16355 S. Manor Rd. Eden Prairie, MN 55346 GAB FILE #: TRUST MEMBER: D.O.L: 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 56509-04451 CITY OF STILLWATER 4-30-92 Dear Ms. Whinnery: As you know we represent the League of Minnesota Cities Insurance Trust, liability carrier for the City of --Stillwater. Per my phone conversation with your husband on July 13, 1992, I explained to him I see no negligence on the part of the City of Stillwater for your fall. Therefore, I will not be making any payment to you and I deny your claim. Sincerely, fiulie Lassonde Adjuster CC: ) City of Stillwater 216 N. 4th St. Stillwater, MN 55082 CC: McGarry -Kearney Agency 243 S. Main St. Stillwater, MN 55082 GAB ... " Where quality really matters." vv;,02, t v3-4\-1-t\c5 WCv\-- tr"" kioc)(rt'e 4 to �" � CA 4 ,fooeiv„„ tV ciA5C o„ aoskS6-1.ce U0.4- 4- AA"= T r 4,,,, ,6,_,,-.•._,2, 4 ViNc2A-17\1 . A. Imo' t,ta_ tY • yrs Tim Thompson Stillwater Parks Dept. 216 N. Fourth St. Stillwater MN 55082 Dear Mr. Thompson, Once again the Minnesota Council of the American Youth Hostels is planning its annual "Weekend on Wheels" overnight bicycle trip from St. Paul to River Falls Wisconsin. The dates selected for this event are August 8 and 9, 1992. We would like to use Pioneer Park as a rest stop on Saturday, August 8, as we make our way toward River Falls. We anticipate 250-300 bicyclists will stop at the park from approximately 8:O0am to 11:30am. We will not require exclusive use of the park. We would appreciate the use of your restrooms and access to water for drinking. We will clean up the site after we use it. The Minnesota American Youth Hostels (AYH) is located at 795 Raymond Avenue, St. Paul, MN 55114. Our telephone number is 612-659-0408. If you should have any questions regarding our request, please contact me at my home phone number 612-721-7988, or leave a message for me at the AYH number. Thank you for allowing us to use the park. Sue Sutton Weekend on Wheels Chair 2904 40th Ave S Minneapolis, MN 55406 612-721-7988 TH 36 EXPRESSWAY STAGING OPTION TH 5/TH 36 to TH. 95 July 1992 Mn/DOT has developed a construction staging option for the TH 36 section from TH 5 to TH 95 to address business concerns identified in city resolutions passed in May 1992. Mn/DOT is requesting that Oak Park Heights and Stillwater review the staging option, discuss the advantages and disadvantages of maintaining the existing intersections at Osgood, Greeley- Oakgreen, and Washington-Norell for a period of time, and then to make resolution recommendations to Mn/DOT regarding whether or not Mn/DOT should adopt such an interim plan. I_ The TH 36 staging option now being considered by Mn/DOT consists of the following construction elements: 1. Construct new river bridge and diamond interchange with TH 95 to provide full access to downtown Stillwater and Bayport. Acquire all right-of-way that will be needed for eventual construction of freeway -like design to establish the future transportation corridor. 3. Construct frontage roads in final location, except between TH 95 and Osgood. Washington-Norell/TH 36 Interim Expressway: A. Construct double left -turn lanes on TH 36. B. Construct temporary connection from frontage roads to Washington-Norell; adding right -turn lanes. Revise existing traffic signals at TH 36, and add temporary signals at frontage road intersections. Estimated interim construction costs = $500,000. 5. Greeley-Oakgreen/TH 36 Interim Expressway: A. New alignment for intersection. B. Construct double left -turn lanes on TH 36. C. Relocate and modify existing traffic signal system. Estimated interim construction costs = $300,000. i 6. Osgood/TH Interim Expressway: A. Modify traffic signal system. B. Temporary connection of new TH 95 interchange to existing Osgood intersection. C. Construct double left -turn lanes. D. Construct temporary cul-de-sac on south frontage road. Estimated interim construction cost = $200,000 II. POSITIVE/NEGATIVE IMPACTS OF STAGING OPTION: A. Positive Irpacts: 1. Changes to TH 36 corridor spread out over a longer time yeriod. Will give business community more time to adjust to business climate changes, therety reducing economic impacts. 2. Two additional business access points (Osgood and Washir..gton-Norell) available for longer period of time. 3. Lower initial construction costs. B. Negative Impacts: 1. Interim construction costs will add approximately $1 Mil. to the total costs. Accidents will quickly begin to increase at Osgood, Greeley-Oakgreen, and Washington-Norell, as traffic increases. (Accidents now are approaching double that experienced on similar roadways.) 3. Air qtality will decrease as a result of increases in step -and -go traffic at existing intersections. 4. Withot.t lowering grade of TH 36, noise impacts will sharply increase as traffic increases. 5. Without lowering the grade of TH 36, increased traffic will strengthen the roadway's barrier effect, reducing the cohesiveness of community on both sides of the highway. 6. Cannot guarantee that funding will be readily available to reconstruct TH 36 at a later date. A MINNESOTA STAR CITY CITY OF OAK PARK HEIGHTS July 20, 1992 YOUR response will help us formulate our response to MNDOT!! 1). Do you own property or do business along the Highway 36 reconstruction area? If so, please identify. 2). If you do not own property or do business along this area, do you represent or have a "special interest" in this project? Please, explain. 3). • Areyouin favor of the "Staging Option" as presented by MNDOT? If"Yes" - Why? If "No" - Why? 4). Please outline any areas of concern you feel the Oak Park Heights and/or Stillwater City Councils should be aware of. Thank you for your input. Members of Oak Park Heights and Stillwater City Councils. 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 • • j1vater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 16, 1992 SUBJECT: US COAST GUARD AUXILIARY REQUEST FOR USE OF KOLLINER PARK The City of Stillwater is currently preparing plans for the lands owned by the City along the St. Croix River, including the Aiple property, Kolliner Park area, and Lowell Park. It is strongly recommended that the City NOT enter into any long term lease for the property requested by the Auxiliary. This could eliminate possible public use of the area in the future of this valuable City riverfront resource. It may be possible to lease the area on a month to month or yearly lease but not long term. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 P.. LICE DEPART ENT rLACE COMM Tl[O IPI C) IRm R� INITIAL OFFENSE CLASSIFICATION Criminal Damage DA1E REPORTED (RPD) 222E071592 INCIDENT REPORT to Property/ Arson TIME RPD (IRP) 2036 GRID 11RR (IG1I) 408 Pioneer Park (Men's Bathroom) S1ll1M1 0R nMA7E 0 1SON) 217/6108 C - Complainant J • Juvenile TIME- ASID (TAS) 2036 SB • Subject W - witness V - Victim RO • Registered Owner 1 2037 S - Suspect RP • Reporting Party (IMI. ARR. (TATO CODE NAME (LAST FIRST MIDDLE) Cit Of Stillwater ADDRESS RES. Bus. 212 N. Fourth Stillwater,MN CODE NAME (LAST FIRST MIDDLE) ADDRESS RES. BUS I WY %) PROPERTY IFN VOT. PIC VAI UE SAM QUANTITY I BRAND NAME 1 DATE OCCURRED 071592 IIMr CIR (171) 2045 A - Arrested SEX SEX CONNECTING CASE NUMBERS TIME OCCURRED 2030 )rr, F1260 - MT r___ P1129 tFiC 9600 RA E AGE DATE OF BIRTH ZIP CODE RACE 55082 AGE DATE OF BIRTH ZIP CODE DAY WED UCS IICS- 11CS OCCUPATION TELEPHONE OCCUPATION TELEPHONE PROPERTY DESCRIPTION (INCLUDE SERIAL NO.) received a complaint of a possible fire at PLC in the restroom. Officer - 5v_ar�en__.was_work.ilrg downtown foot -patrol and an annonymous female reported - see__saw_t.wo _ juv.enile._.ma.les enter the bathroom, and then saw smoke a few minutes later. Upon arrival, I used my fire extinguisher to put out the remaining fire. Someone had set three rolls of toliet paper in the mens rest -room on fire. The fire caused some damage to the toliet stall. I am not sure how much this damage will cost. Sti.l.i.wat_er_Fire Dept. also responded to make sure the fire was out. The building belongs to the City Of Stillwater. I will have someone notify the park dept, to clean up the resulting mess from the fire. • EPORTING PARTY I affirm This information t0 be true and correct FFICER SIGNATURE )(TRIES MADE A;rP ,t SInIpo Prnnrrl1 COPIES SENT TO APPROVED BY DATE ASSIGNED 0 - ---S _9t1 Rn�ro:n�rrt Pn,�:r. p; for.10,1 PACE OF 1 A 5w• ENGINEERS CHITECTS / PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL, MN 55110-5108 612 490-2000 800 325-2055 • • July 16, 1992 RE: STILLWATER, MINNESOTA CITY ENGINEER SEH FILE NO. 92280 Honorable Mayor and City Council City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Honorable Mayor and City Council: It has been brought to our attention recently that the house at the intersection of Wilkins Street and Fourth Street has their sanitary sewer service connected to a storm sewer manhole in the backyard. This house does have a walkout basement on the back side. Since there is no sanitary sewer in Wilkins Street, the sanitary would need to be connected to the sewer in North Fourth Street. Since the storm sewer that the home is presently connected to falls into an old stone tunnel, across Fourth and empties into the ravine on the east side of Fourth Street, we do not feel that the present situation should be allowed to continue. We hereby recommend that the City review this sanitary connection, by televising, and require the property owner to make necessary corrections. If you have any questions, please do not hesitate to contact the undersigned. REM/cmb Si rely, c t644.4 Richard E. Moore, P.E. City Engineer c: David Junker, Public Works Nile Kriesel, City Coordinator SHORT ELLIOTT HENDRICKSON INC. ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI