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HomeMy WebLinkAbout2000-11-21 CC Packet . ***REVISED AGENDA **** CITY OF STILL'VATER CITY COUNCIL MEETING NO. 00-25 Council Chambers, 216 North Fourth Street November 21, 2000 REGULAR J\'IEETING 7:00 P.J.\I. _ALL TO ORDER ROLL CALL APPROVAL OF MTh1JTES - Approval of November 7, November 8, and November 14 City Council Minutes; November 7 Executive Session minutes PETITIONS. INDIVIDUALS. DELEGA nONS & COMMENDATIONS 1. Don Peterson, Browns Creek Watershed District - 2nd Generation Plan 2. Presentation of Minnesota Public Works Association Environmental Project of the Year Aw"ard. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 5. Community Dev. Director 4. Director of Admin.6. City Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA * 1. Resolution 2000- 305, Directing Payment of Bills 2. Approval of Gambling Permit - St. Croix Catholic School- March 31, 2001 . Resolution 2000-306, Approving 2000 City Contribution toward Health Insurance Premiums for Eligible Exempt Employees 4. Resolution 2000-307, Approving 2001 Salary Schedule for Director of Administration 5. Resolution 2000 - 308, Approving designation of Secure Benefits for Flexible Spending Account Administration (information available Tuesday evening) 6. Resolutioll 2000-309, Approving Agreementfor the Sale of Union Pacific Railroad Property 7. Resolutioll 2000-310, Approving medical Reimbursement Maximum for Flexible Spending Plan for 2001 PUBLIC HEARINGS 1. This is the date and time for the public hearing on the Comprehensive Trail Plan. Notice of the hearing was published in Stillwater Gazette on November 15,2000. (Resolution) UNFINISHED BUSINESS 1. Final plat approval, 22.75 acres into four lots of6.16, 3.37, 3.24 and 3.15 acres located at northwest comer of CR 5 and TH 36. Jim Bradshaw, applicant. Case No. SUB/00-30. (Resolution) 2. Possible 2nd reading of Ordinance 906, Amending Chapter 31, Zoning Map Amendment 3. Approval of Loan Agreement with the Greater Stillwater Chamber of Commerce (Resolution) NEW BUSINESS 1. Reapportionment of Special Assessments for Bradshaw subdivision (Resolution) 2. Highway 36 Corridor Update - Mn/DOT will be present 3. Groundwater resource assessment funding request (Resolution) . Possible approval of agreement acquiring 4th street drainage easement (Resolution) PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Metropolitan Parks and Open Space Commission Appointments COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 . . . CITY OF STILL WATER CITY COUNCIL MEETI1~G NO. 00-25 Council Chambers, 216 North Fourth Street November 21, 2000 REGULAR MEETING 7:00 P.M. ~ALL TO ORDER ~OLL CALL APPROVAL OF MINUTES - Approval of November 7, November 8, and November 14 City Council Minutes; November 7 Executive Session minutes PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Don Peterson, Browns Creek Watershed District - 2nd Generation Plan 2. Presentation of Minnesota Public Works Association Environmental Project of the Year Award. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 5. Community Dev. Director 4. Director of Admin. 6. City EngineerlPWD 7. City Attorney 8. City Administrator CONSENT AGENDA * 1. Resolution 2000- 304, Directing Payment of Bills 2. Approval of Gambling Permit - St. Croix Catholic Schoo1- March 31, 2001 3. Resolution 2000 - 305, Approving Agreement with Secure Benefits for Flexible Spending Account Administration (information available Tuesday evening) 4. Resolution 2000-306, Approving 2000 City Contribution toward Health Insurance Premiums for Eligible Exempt Employees . Resolution 2000-307, Approving 2001 Salary Schedule for Director of Administration PUBLIC HEARINGS 1. This is the date and time for the public hearing on the Comprehensive Trail Plan. Notice of the hearing was published in Stillwater Gazette on November 15, 2000. (Resolution) UNFINISHED BUSINESS 1. Final plat approval, 22.75 acres into four lots of 6.16,3.37,3.24 and 3.15 acres located at northwest comer ofCR 5 and TH 36. Jim Bradshaw, applicant. Case No. SUB/00-30. (Resolution) 2. Possible 2nd reading of Ordinance 906, Amending Chapter 31, Zoning Map Amendment 3. Approval of Loan Agreement with the Greater Stillwater Chamber of Commerce (Resolution) NEW BUSINESS 1. Reapportionment of Special Assessments for Bradshaw subdivision (Resolution) 2. Highway 36 Corridor Update - MnlDOT will be present 3. Groundwater resource assessment funding request (Resolution) 4. Possible approval of agreement acquiring 4th street drainage easement (Resolution) PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) aDJOURNMENT 1IIIII!r All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . . . CITY OF STILL WATER CITY COUNCIL MEETING NO.00-23 November 7, 2000 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble at 4:50 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire Department Chief Kallestad Planning Commission Chair Fontaine Recording Secretary Martinek OTHER BUSINESS Issuance and awarding the sale of GOT ax Increment Refunding Bonds, Series 2000F John Moir ofSpringsted Inc. reviewed the issuance and awarding of the General Obligation Tax Increment Refunding Bonds, 2000F. Mr. Moir recommended that Cronin & Company, Incorporated be awarded the bid. Motion by Councilmember Thole and seconded by Councilmember Bealka adopting Resolution No. 2000-291, Resolution Prescribing the Form and Details and Providing For the Payment Of $2,265,000 General Obligation Tax Increment Refunding Bonds, Series 2000F. Ayes: Councilmembers Bea1ka, Cummings, Thole, Zoller and Mayor Kimble Nays: None New Chamber Financing City Administrator Kriesel stated that the first amount would be a loan and that the Council should consider underwriting the additional amount. Mayor Kimble agreed that the Chamber did serve a good public purpose. It was discussed that the New Chamber would work with the City Attorney. A sheet regarding the benefits of the Chamber had been provided previously. Mr. Kriesel recommended that a no-interest loan for $35,000 and that the Council also consider underwriting an additional amount, not to exceed $40,000. The loans would be used to fund a projected cash deficit that the new Chamber may have during the transitional phase and would be paid back over a 3 to 5 year period to be made after Articles of Incorporation were adopted by a New Chamber. Motion by Councilmember Thole, secon.ded by Councilmernber Cummings adopting Resolution No. 2000-292, authorizing a no interest loan to the Chamber of Commerce contingent to the Chamber adopting Articles of Incorporation and the CityAttorney preparing an agreement between the City and the Chamber. City Council Meeting No. 00-23 November 7,2000 Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Response to Mike Robinson's comments on the Arndt Variance regarding the reconstruction Of. an existing residence at 838 West Willard Street. Case No/ 00-054. ~ Community Development Director Russell explained the "footprint" rebuilding as original except for the northeast portion that has no effect on the property line in question. The rear addition and the front porch do not equal 50%~ the structure and therefore nonconformity was not increased. Mr. Mike Robinson then approached the Council to explain his position regarding the 50% position. He also stated that his argument related to the permitting and variance process that is re,s.,uired by city code and that he questioned if this was a problem. Mr. Robinson stated that the improper application of the City Code could result in the failure of citizens to obtain the due process that is guaranteed by our constitution. Mayor Kimble stated that he believed that due process was followed and that if any violations had occurred in regard to the setback issue in this case that the property rights of others were not adversely affected. Council concurred and accepted the report and findings submitted by staff. Consideration of an offer to purchase land from the Railroad south of downtown from Nelson Street to Sunnvside Mariana. " Community Development Director Russell stated that the Union Pacific Railroad Company . would consider an offer of $210,000 with the reservation of track easement, air rights and the City hold the Railroad harmless for all costs and liabilities including environmental, if any. The Railroad must reserve air rights to control the height of the overpass if it ever is developed. Mr. Russell stated that although this seems like a lot of money, the funds are available and that the Railroad still has the rights to keep the tracks on the property and that it is difficult to get an order to abandon the railroad as the permission has to come from the Federal Government even though the railroad has no intention of using this rail. The question arose as to who would have to maintain the rails and eventually remove the rails. Mr. Russell stated that if the railroad ever wanted to run a train again that they would be responsible for any repairs, not the City. The rails would possibly have to be removed by the city if the right of way was vacated or perhaps the railroad would. Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Resolution No. 2000-293, authorizing the Purchase land from the Union Pacific Railroad south of downtown from Nelson Street to Sunnyside Mariana and directed the City Attorney to work with the Railroad on the purchase of the property. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None . 2 . . . . City Council Meeting No. 00-23 November 7,2000 STAFF REPORTS The Mayor stated that he spoke with City Clerk Ward prior to the meeting and reported that the election was going well and that she had nothing to report at this time. City Engineer Eckles reported on the vertical shoring that is requested on the consent agenda. Mayor Kimble said that it is very important that the City employees are protected and to provide for the vertical shoring. Acting Building Official Shilts reported that the catholic church of St. Michael has a revision that is needed to be done on the foundation and want to fast track the footings for the addition before inclement weather arrives. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing the fast track of the footing placement for St. Michael's Church. All in favor. The City Administrator Kriesel stated that the city owned property on Eagle Ridge Trail that is currently on the market was too high and he requested the property price be reduced to $109,000. It was agreed that the property could be reduced to the selling price suggested. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing the reduction of the selling price of the Eagle Ridge Trail property to $109,000. All in favor. City Administrator Kriesel informed the Council thatthe Minnesota Department of Transportation (Mn/DOT) was scheduling meetings to begin review of the design concepts for the proposed new Interstate Bridge. Mn/DOT was requesting that the City designate someone from City staff to participate in the review. Mr. Kriesel said that Sue Fitzgerald and a member of the City's Heritage Preservation Commission would be attending the meetings. The Council agreed to address sofie of the items on the Agenda for the Recessed Meeting scheduled to start at 8:00 p.m. this evening as there was 45 minutes left before adjournment of the 4:30 p.m. meeting. UNFINISHED BUSINESS Possible 2nd reading of Ordinance 903, Amending Chapter 43, Liquor by Adding Section 43-63, Subdivision 17, Management Agreement and amending Section 43-73, Action on Application. The Management Agreement was discussed in regard to the city council, .inits discretion having the right to refuse to approve a proposed Management Agreement if it determines that such approval would not be in the best interests of the City. Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Ordinance 903, Amending Chapter 43, Liquor by Adding Section 43-63, Subdivision 17, Management Agreement and amending Section 43-73, Action on Application of Amendment. Ayes: Counci1members Bealka, Cummings, Thole, and Zoller. Mayor Kimble Nays: None 3 City Council Meeting No. 00-23 November 7,2000 . Possible 2nd r~ading of Ordinance 904, Amending Chapter 31, Zoning Map Amendment. Regarding the property described on Exhibit "A" being lots 1-5 inclusive, Block One, Jackson Estates and the Zoning Map of the City Motion by Councilmember Cummings, seconded by Councilmember Thole adopting Ordinance 904, . Amending Chapter 31, Zoning Map Amendment. Regarding the property described on Exhibit "A" being lots 1-5 inclusive, Block One, Jackson Estates and the Zoning Map of the City. . Ayes: Councilmembers Bealka, Cummings, Thole, and Zoller. Mayor Kimble Nays: None. Possible 2nd reading of Ordinance 905, Amending Chapter 31, Zoning Ordinance, Amending Stillwater City Code 31-1 Subdivision 11.3 CR Cottage Residential District by adding for four divisions. Motion by Councilmember Thole, seconded by Counci1member Zoller adopting Ordinance 905, Amending Chapter 31, Zoning Ordinance, Amending Stillwater City Code 31-1 Subdivision 11.3 CR Cottage Residential District. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Set public hearing on Comprehensive Trail Plan Community Development Director Russell recommended that a public hearing on the . Comprehensive Trail Plan be set for November 21, 2000. Motion by Counci1member Cummings, seconded by Councilmember Thole setting a public hearing on the Comprehensive Trail Plan for November 21,2000. All in favor. APPROVAL OF THE MINUTES Motion by Councilmember Thole, seconded by Councilmember Cummings approving the October 17 Regular and Executive Session minutes. All in favor. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the consent agenda. All in favor Ayes: Councilmembers Bealka, Cummings, Thole, and Zoller. Mayor Kimble. Nays: None. Resolution 2000-288, Directing Payment of Bills Resolution 2000-289, Approving renewals of on-sale, off sale, club, wine, Sunday on-sale, on-sale 3.2%, off-sale 3.2% liquor licenses for 2001. Request for ski trail grooming services from Washington County Request from Goodwill/Easter seals for car donations pick up at Stillwater Goodwill Store. . Request to purchase Vertical Shoring for Public Works. 4 . . . City Council Meeting No. 00-23 November 7,2000 Request to sell Christmas Trees for the Stillwater Elks Lodge No. 179 Resolution 2000-290, Approving Snow Removal Services Agreement with Lehmicke Construction for 2000-2001. Meeting recessed to executive session at 5:45 p.m. RECESSED MEETING 8:00P.M. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire Department Chief Kallestad Planning Commission Chair Fontaine Recording Secretary Martinek PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Citizen commendation for Mickey Pugsley and Edgar Pugsley The Mayor and Police Chief Dauffenbach presented a Citizen Commendation from the Stillwater Police Department to Mickey Pugsley and Edgar Pugsley for their actions on October 28, 2000 in the rescue of an occupant of a vehicle that crashed into Lake McKusick. Citizen commendation for Andrew Duda The Mayor and Police Chief Dauffenbach presented a Citizen Commendation to Mr. Ken Duda on behalf of his son, Andrew Duda, for his assistance to the police department by reporting the location and direction of a burglary suspect. PUBLIC HEARING Mulberry & Water Street Improvement Assessments Mayor Kimble opened the public hearing. City Administrator Kriesel stated that staff has met with Mainstream Development and recommends that the assessment roll adopted at the last meeting not be changed and that a new assessment roll for the Mainstream Development parcels will be presented at the November 14, 2000 meeting. Mayor Kimble closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Thole to table action on the assessments for Mainstream Development for the Mulberry & Water Street Improvement Assessments. All in favor. 5 City Council Meeting No. 00-23 November 7,2000 Case No ZAJ.\1/00-07. Request from the City of Stillwater for a Zoning Map Amendment rezoning 10+acre south of Wildpines Lane between County Rd. 5 and Parkwood Lane from Agricultural Preservation, AP, to Townhouse Residential, Tr. Community Development Director Russell reviewed the Zoning Map Amendment with counci. The request was initiated by the Planning Commission and has been presented to the Joint Planning Commission and conceptually approve the Zoning Map Amendment. Mayor opened the public hearing. There were no public comments. Mayor closed the public hearing Motion was made by Councilmember Thole and seconded by Councilmember Cummings to approve the first reading of the ordinance for a zoning map amendment. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Request from Gary A. Ritzer to subdivide 2.2 acre lot into two equal lots of 1.1 at 1167 Parkwood Lane in the AP District. Case No. SUB/00-61 Community Development Director stated that this application was presented to the Planning Commission with an Agricultural Preservation Zone designation which the Planning Commission could not approve because of the lack of consistency between the zoning and . subdivision requests, but approved the subdivision request for the lot split. The subdivision is consistent with the revised zoning that was previously approved. Mayor opened the public hearing. There were no public comments. Mayor closed the hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution No. 2000-294, Approving subdivision of 2.2 acre lot into two equal lots of 1.1 at 1167 Parkwood Lane Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Case No. SUB/00-71. Request from Robert Nuflort, St. Croix Orthopedics for a subdivision to combine lots 4,5,6,8 and 9, Block 2, Kern-Pauley Addition for construction of clinic located at 1701 Curve Crest Blvd. In the BP-O District. 1 Community Development Director reviewed the applicant's request with Council. Mayor opened the public hearing. . There were no public comments. 6 City Council Meeting No. 00-23 November 7,2000 Mayor closed the public hearing. . Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 2000-295, Approving subdivision to combine lots 4,5,6,8 and 9, Block 2, Kern-Pauley Addition. Ayes: Counci1members Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None NEW BUSINESS Request for City Council consideration of private streets within Liberty attached housing townhouse project. Community Development Director Russell reviewed the applicant's request with Council. Councilmember Thole stated that he felt this approval of this request would result residents from this area coming to the Council in the future requesting that the street become public. It has happened in the past not only in Stillwater but in other cities as well. Mayor Kimble opened the public hearing. . Mr. Michael Noonan of Minnesota division of Rottlund Homes explained that what is being proposed is the provision of a 24 foot and 28 foot public road within a 50 foot road allowance to provide internal circulation within the development. Off of the public road, a proposal for the provision of three private drives affording access to the parking garages of the development's units. Mr. Noonan believes that this proposal is convenient and safe for the passage of vehicles, including emergency vehicles and that the mix of public roads and private drives is consistent with the practice followed by many other municipalities throughout the metropolitan area. The development will be platted as a condominium. Mr. Noonan said that he proposes that the condominium documents (the declaration and disclosure) indicate that all private drives are owned by the Condominium Corporation and that the corporation is responsible for all care and upkeep of the private drives. The documents are to include a clause that states that a request will not be made by either unit owners or the Corporation to have the municipality assume ownership and responsibility for the development's private drives. There was lengthy discussion regarding the city's responsibility for the road maintenance and possible future assessments and how those assessments would be made against the units. The question of some units not having road frontage but only alley access was questioned as to any future assessments. The question of quest parking was addressed. The question of maintaining all utilities would be the responsibility of the Condominium Corporation. Who was to be notified as to City correspondence was addressed and it was agreed that the corporation could be notified for the condominium. It was expressed by the Fire Department that it was uncomfortable with the 24-foot streets as it relates to parking. It was suggested that the developer work with city staff in regard to ,all safety Issues. . The suggestion that there be private signage for the roadways was addressed and requested and that all roadways would be private and not any public roadways. Councilmember Cummings 7 City Council Meeting No. 00-23 November 7, 2000 thought that a mix of roads would be wrong and that the roads should be all private or all public. The consensus to require private roadways was favored and the developer was requested to work with city staff and the attorney on the issue that all utilities be private. It was also stated that all roadway meets Fire Department needs. . Motion by Councilmember Thole, seconded by Councilmember Thole adopting Resolution No. 2000- 296, approving the designation of all utilities and roadways as private within the Liberty on the Lake, Townhouse Block, subject to meeting the needs of the Fire Department, the City Attorney and City Staff working with developer to insure that prospective owners are aware that the street and utilities are private. All in favor. Case No. SUB/00-69. Modification to subdivision regulations for shape oflot for lots 7,8,9, block 4, Hersey, Staples and Co's addition to Stillwater (1330 3rd Ave So) into two lots, Lot 1= 7,566 sq. feet and lot #2 12,614 square feet in the RB, two family residential district. Thomas S. Peulen, applicant Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution No. 2000- 297, approving modification to subdivision regulations for. shape oflot for lots 7,8,9, block 4, Hersey, Staples and Co's addition to Stillwater (1330 3rd Ave So). Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None ADJOURNMENT The motion was made to adjourn by Councilmember Thole, seconded by Councilmember Cummings t. adjourn the meeting at 8:50 p.m. All in favor. Jay Kimble, Mayor Attest: Diane Ward, City Clerk Recording Secretary Diane Martinek Resolution No. 2000-291, Resolution Prescribing the Form and Details and Providing For the Payment Of$2,265,000 General Obligation Tax Increment Refunding Bonds, Series 2000F. Resolution No. 2000-292, authorizing a no interest loan to the Chamber of Commerce contingent to the Cha.mber adopting Articles of Incorporation and the City Attorney preparing an agreement between the. City and the Chamber. 8 . . . City Council Meeting No. 00-23 November 7, 2000 Resolution No. 2000-293, authorizing the Purchase land from the Union Pacific Railroad south of downtown from Nelson Street to Sunnyside Mariana and directed the City Attorney to work with the Railroad on the purchase of the property. Resolution No. 2000-294, Approving subdivision of 2.2 acre lot into two equal lots of 1.1 at 1167 Parkwood Lane. Resolution 2000-295, Approving subdivision to combine lots 4,5,6,8 and 9, Block 2, Kern-Pauley Addition. Resolution No. 2000-296, approving the designation of all utilities and roadways be private within the Liberty on the Lake, Townhouse Block, subject to meet the needs of the Fire Department and to the City Attorney and City Staff. Resolution No. 2000-297, approving modification to subdivision regulations for. shape oflot for lots 7,8,9, block 4, Hersey, Staples and Co's addition to Stillwater (1330 3rd Ave So). Ordinance 903, Amending Chapter 43, Liquor by Adding Section 43-63, Subdivision 17, Management Agreement and amending Section 43-73, Action on Application of Amendment. Ordinance 904, Amending Chapter 31, Zoning Map Amendment. Regarding the property described on Exhibit "A" being lots 1-5 inclusive, Block One, Jackson Estates and the Zoning Map of the City. Ordinance 905, Amending Chapter 31, Zoning Ordinance, Amending Stillwater City Code 31-1 Subdivision 11.3 CR Cottage Residential District. 9 . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-23 November 8, 2000 SPECIAL MEETING 8:00 A.M. The Meeting was called to order by Acting Mayor Zoller. Present: Absent: Also Present: Press: Councilmembers Cummings, Zoller and Bealka Councilmember Thole and Mayor Kimble City Clerk Ward None CANVASS OF VOTES The meeting was convened for the purpose of canvassing the votes for the General Election held on November 7, 2000. Council reviewed the Abstract of the Votes with the computer totals for Ward 2 and 3 and noted the following results: Councilmember - Ward 2 John Rheinberger 864 Nance Purcell 681 Gary Talbot 1 Green Party 1 Councilmember - Ward 3 Wally Milbrandt Gary Talbot Joe Goulet Nance Purcell Mary Ann Nichols Nancy Kiltzke 1175 853 2 2 2 2 Motion by Councilmember Cummings, seconded by Councilmember Zoller to accept the ballot figures presented declaring John Rheinberger Councilmember Ward 2 and Wally Milbrant Councilmember for Ward 3 as the elected candidates for the office of Councilmember Ward 2 and 3 respectively. All in favor. ADJOURNMENT Motion by Councilmember Zoller, seconded by Councilmember Bealka to adjourn the meeting at 8:15 a.m. All in favor. Terry Zoller, Acting Mayor Attest: Diane Ward, City Clerk . " CITY OF STILL\VATER CITY COUNCIL MEETING NO. 00-24 November 14, 2000 . SPECIAL lVIEETING 4:30 P.J\'I. The meeting was called to order by Mayor Kimble. Present: Absent: Also present: Councilrnembers Bealka, Zoller, Thole (arrived at 5:00 P.M.) and Mayor Kimble Cummings (Bealka left meeting at 5:30 P.M.) City Administrator Kriesel City Attorney Magnuson Library Director Bertalmio Library Board members: Gorski, Hickey, Hodson, Myers and Nelson Council-elect Milbrandt Press: Mark Brower, Stillwater Gazette. Workshop with Board of Trustees. Stillwater Public Librarv. Board member Hickey explained the Library rehabilitation and expansion plans. The plans included renovating the current building and adding approximately 19,000 square feet of new space. The cost for the work was estimated to be $7.9 million. If underground parking were included the cost would be increased by $1 million. Further discussion included the existing parking situation and the financing of the proposed project. . Stipulation of Settlement agreement with Mainstream Development Partnership. L.I. No. 341-1. City Attorney Magnuson explained the stipulation agreement between the City of Stillwater and Mainstream Development Partnership. The agreement extended the payment period for the unpaid assessments for L.I. 341 an additional 15 years for parcels 28.030.20.14.0066, 28.030.20.14.0067,28.030.20.14.0068, 28.030.20.14.0069, and 28.030.20.14.0070 at 7% interest per annum. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution No. 2000- 298, approving Stipulated Settlement agreement between City of Stillwater and Mainstream Development Partnership, LLC., L.I. 341-1 and adopt Resolution No. 2000-299, amending assessment for downtown decorative street lights L.I. 341-1. Ayes: Councilmember Thole, Zoller and Mayor Kimble Nays: None. Stipulation of Settlement agreement with Mainstream Development Partnership. L.I. No. 344-1. . City Attorney Magnuson explained the stipulation agreement between the City of Stillwater and Mainstream Development Partnership. The agreement extended the payment period for the unpaid assessments for L.I. 341 to 15 years for parcels 28.030.20.14.0063, 28.030.20.14.0069 at 7% interest per annum. . t City Council Meeting No. 00-21 November 14,2000 Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt Resolution No. 2000- 300, approving Stipulated Settlement agreement between City of Stillwater and Mainstream Development Partnership, LLC., L.I. 344-1. . Ayes: Councilmembers Thole, Zoller and Mayor Kimble Nays: None. Redevelopment agreement with Mainstream Development Partnership. City Attorney Magnuson explained the private redevelopment agreement between the City of Stillwater. The agreement provided for the reimbursement, up to $5,000 for the construction of sidewalk, lighting and landscaping work at the Old Maple Island building by Mainstream Development. The funds were to be generated by the tax increment from the Mainstream Development Partnership project. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution No. 2000- 301, approving Private Redevelopment agreement between City of Stillwater and Mainstream Development Partnership for the construction of sidewalk, lighting and landscaping work. Ayes: Councilmembers Thole, Zoller and Mayor Kimble. Nays: None. Continuation of public hearing for Mulberry and Water Street Improvements. L.I. No. 344. . This is the day and time for the continuation of the public hearing to consider assessments for Mulberry and Water Street Improvements. Notice of the hearing was published in the Stillwater gazette on October 3, 2000 and notices were mailed to affected property owners. Mayor Kimble announced that the public hearing was continued to consider the objections to the assessments filed by Mainstream Development Partnership, LLC. The City and mainstream Development Partnership had resolved this matter by entering into a Stipulation Agreement. Mayor Kimble recommended the adoption of the assessments for Mainstream Development Partnership such assessments would be payable over 15 years at 7% interest per annum. Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt Resolution No. 2000- 302, adopting assessments for Mulberry and Water Street Improvements, L.I. 344-1 for Main Stream Development Partnership, LLC parcels no.'s 28.030.20.14.006328.030.20.14.0069. Ayes: Councilmembers Thole, Zoller and Mayor Kimble Nays: None. Deletion of assessments for plat parcel No. 28.030.20.31.0055. City Administrator Kriesel explained the problems with the assessments for plat parcel No. 28.030.20.31.0055. The parcel was previously assessed for L.I. 284 and L.I. 307. However, the . parcels had been deleted by the County, therefore the assessments had not been paid. Mr. Kriesel said the City had the option of reassessing or deleting the assessments. Mr. Kriesel recommended that the assessments be deleted because the property had changed ownership twice and the new 2 I , City Council Meeting No. 00-21 November 14,2000 owners wee probably not noticed of the assessments. The assessment balance was approximately . $1,000.00. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution No. 2000- 303, deleting assessments for L.I. 284 and L.I. 307 for parcels No. 28.030.20.31.0055. Ayes: CouncilmemberS Thole, Zoller and Mayor Kimble Nays: None City Administrator salary request. City Administrator Kriesel explained his salary request. He was requesting a 3% salary increase for 2000 and a 3% salary increase plus adding his automobile allowance to his salary (in lieu of an automobile allowance) for 2001. Mr. Kriesel also asked that the Council consider the purchase of one year of military service for his PERA benefits. Motion by Councilmember Thole, seconded by Councilmember Zoller to approve compensation request for 2000 and 2001 and the purchase of military service credit for the City Administrator. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn at 5:50 P.M. All in favor. . Jay Kimble, Mayor ATTEST: Nile Kriesel, City Administrator Resolution No. 2000-298, approving Stipulated Settlement agreement between City of Stillwater and Mainstream Development Partnership, LLC., L.I. 341-1. Resolution No. 2000-299, amending assessment for downtown decorative street lights L.I. 341-1. Resolution No. 2000-300, approving Stipulated Settlement agreement between City of Stillwater and Mainstream Development Partnership, LLC., L.I. 344-1. Resolution No. 2000-301, approving Private Redevelopment agreement between City of Stillwater and Mainstream Development Partnership for the construction of sidewalk, lighting and landscaping work. Resolution No. 2000-302, adopting assessments for Mulberry and Water Street Improvements, L.I. 344-1 for Main Stream Development Partnership, LLC parcels no.'s 28.030.20.14.0063 28.030.20.14.0069. Resolution No. 2000-303, deleting assessments for L.I. 284 and L.I. 307 for parcels No. 28.030.20.31.0055. . 3 , , l LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2000-305 . . Ace Aggregate Industries All Fire Test Chris Amdahl Ancom AT&T AWl Bailey Construction Barrett M Stack Beberg, Byrdie Beberg, Don Becker Arena Bergfalk, Robert Ben Meadows Berube, Bette Board of Water Commissioners Bonestroo, Rosene, Anderlik Brad Ragan Goodyear Burley's Rink Supply Carquest Carter, Anita Carter, Orwin L. Casanova, Stella Celski, Francis P. Celski, Karen L. Century Chaves, Nickolas Chemsearch Clarey's Coke Courier News Crotty, Jason Cub Cunningham, Don Cy's Uniforms Eartec Duncan, Evelyn Earl F Anderson Edward Don & Co. Empson, Donald Equifax Falde, Helen First Line Beverage Flexible Pipe Tool Folz, Freeman, Dupay & Associates . Arena supplies Coarse Sand Chemical certification Re-Key and Keys cut Batteries Long Distance Park Benches Install Picnic Shelter Survey mapping Levee Election salary Election salary Repair broken glass Election salary Drip Torch Holder, Goggles Election salary 4th quarter WAC, water bill receipt Drainage data for Coves Tires Markless pucks Equipment repair Election salary Election salary Election salary Election salary Election salary Repair parts Cell Phone Drum pump Helmets, Firefighter crescents Concession soda City minutes, Classifieds Safety boots Concession supplies Carpet cleaning Badge holder, ties Wireless scrambler, headset Election salary Trail symbols Arena supplies Election salary Polk Directories Election salary Concession supplies Test Ball Sewer Plugs North Hill photo control 1,145.36 82.70 138.54 321.10 577 .57 93.87 3,000.00 3,800.00 315.00 160.00 176.00 316.22 505.00 121.91 380.00 86,144.00 167.50 132.85 1,740.14 573.79 160.00 164.00 60.00 186.00 76.00 26.57 21.90 17.56 514.55 1,443.35 101.32 105.49 40.67 1,200.00 15.56 510.00 162.00 153.79 184.79 164.00 307.00 206.00 705.77 635.86 7,500.00 EXHIBIT "A" TO RESOLUTION #2000-305 Fred's Tire Fuller, Kathy G & K Services Global Goldberg, Helen Haak, Marilyn Hanson, Mary Ann Haraldson, Michael Harrison, Sharon Havlik, Kim Hicks, James P. Hicks, Valerie L. H L Mesabi Holmberg, Mary Holtan, Sharon Hudacheck, Ruth Huebscher, Elizabeth Huebscher, Stephen IBM Ice Skating Institute J H Larson Company Jirik, Mary Johnson, Diane Johnson, Evan Johnson, Pat Johnson, Richard Kadin, Chantell Knapp,Jane Knowles, Kellie Koepp, Connie Kopel, Jeanine Kress, Mary Jo Kroening, Nancy Krongard, Leslie Kruse, Del Lacey, S. Judith Lentz, Marlene Lind, Gladys Linner, Ed Linner Electric Lynch, Dorothy MacDonald Magnuson Law Firm Meader, Eileen Menards Metropolitan Council Page 2 Tire Repair Election salary Uniforms,rugs, towels,mops Keyboard drawer Election salary Election salary Election salary Election salary Mileage seminar Election salary Election salary Ejection salary Curb Runners Election salary Election salary Election salary Election salary Election salary System support, AS 400 Alert Arena supplies Arena maintenance Election salary Election salary Election salary Election salary Election salary Mileage Election salary Election salary Election salary Election salary Election salary Election salary Maintain refridgeration equipment Safety boots Election salary Election salary Land purchase payment Dec 2000 Election salary Fuses Election salary Election salary Legal services Election salary Staples, repair tape, hardware December 2000 sewer 16.19 160.00 3,838.79 112.34 158.00 148.00 16.00 204.00 13.00 76.00 152.00 154.00 625.26 284.00 78.00 160.00 16.00 16.00 1,325.73 25.00 312.24 96.00 58.00 96.00 174.00 144.00 80.28 375.00 52.00 50.00 212.00 286.00 286.00 280.00 19.99 390.00 160.00 927.00 220.00 52.45 160.00 76.00 7,893.33 50.00 169.98 77,688.00 - ~. . . . , \. EXHIBIT "A" TO RESOLUTION #2000-305 . Meysembourg, Marge Minn Blue Minnesota Commerce Department Minnesota State Fire Chief Minnesota Department of Administration Mil Life M J Raleigh Trucking Moody's Investors Service MTI Distributing, Inc. Musco Nelson, Alden Nesje, Merald Norris, Anna M. Norris, Robert H. NSP Northwestern Tire Norton, Jennifer Owens Service Corp. Pagenet Parts Associates PC Pit Stop Polehna, Joni Polfullmplement Inc. Quantum Digital Rachel, Helen Reliance Electric Renfrow, Shirley Rheinberger, Joe Rheinberger, Margot Rider, Janet Ritzer, Marlene RMR Engineering Roettger, Carol Roof Tech Inc. Royal Lube R & R Specialty Russell, Steve Ryan, Eleanor S1. Croix Caterers S1. Croix Office Sandeen, Mary Ann Savoie Supply Co. Scullen, Dorothy Sculley, Beverly Shorty's Smith, Ryan . . Page 3 Election salary Trans CVR Notary Public fee Sue Moore Fire Chief luncheon September usage, router parts Life Insurance Meadowlark Park grading Tax Increment refund Hex belt Equipment repair Election salary Election salary Election salary Election salary Replace overhead with underground Safety Tires Election salary Dome maintenance Pager Hardware, washers,hexnuts Monitor, mouse Election salary New clutch installed Covers and bindings for maps Election salary Equipment repair Election salary Election salary Election salary Election salary Election salary Underwater lift bags Election salary Fire Hall roof repair Oil change Ice Painting Lily Lake Bridge supplies Election salary Wages & Management fees Office supplies Election salary Equipment repair Election salary Election salary Dry Clean Reimburse conference expense 192.00 89.64 40.00 10.00 177 .65 1,215.86 2,082.50 3,250.00 177.51 152.16 96.00 152.00 158.00 152.00 5,801.00 30.00 162.00 192.38 891.97 144.09 329.99 375.00 1 ,633.28 17.60 206.00 320.00 380.00 160.00 160.00 160.00 16.00 128.00 106.00 199.90 168.57 1,254.87 61.70 286.00 21,728.75 801.96 262.00 75.00 282.00 216.00 31.63 267.27 EXHIBIT "A" TO RESOLUTION #2000-305 Springbom, Mary Stillwater Amoco Stillwater Sign Stuart, Margaret Swanson, Norma Sysco Minnesota Teltronix Turchiniak, Vicky Tumblad, Gretchen Tumblad, Vincent UBC Viking Industrial Wald, Darwin Washington County Public Works Wet Tek Wicker, Steve Wipers and Wipes Wolf Marine Woltman, Marlene Workwell Occupational Zee Medical Service Zempel, Mark Zoller, Robert ADDENDUM TO BILLS Chris Amdahl Amt Construction Bailey Construction Todd Bjorkman Bonestroo,Rosene,Anderlik & Assoc Bryan Rock Products Sue Moore/Christmas Party Committee Citi Cargo & Storage Coordinated Business Cy's Uniforms Ecolab Excel Energy Larry Dauffenbach Desch, Mark & Gloria Election Systems & Software, Inc. League of Minn. Cities Insurance Trust Menards Minnesota Chiefs of Police Ed. Foundation Mr. Car Wash Election salary Fuel Banner Election salary Election salary Concession supplies Hub 8 net Election salary Election salary Election salary Bridge Material Browns Creek Thermal Gloves Election salary Install Stop Sign Cooling tower treatment Safety boots Roll Towels Propane Election salary Health Services Medical supplies Election salary Employee breakfast, Open house Open safe police Parking trail grading Ski trail bridges Fuel Trails,Bridge locations, Frisbee Golf Rock Christmas Party Cargo rental Maintenance Agreement Copier October Uniforms Pest elimination Gas, Electric IACP Conference expenses Parking lease,maintenance Election supplies Insurance Trust Lumber CLEO & Command Academy October car washes , J Page 4 326.00 . 3,733.16 74.55 288.00 194.00 506.70 55.00 164.00 392.50 154.00 265.81 46.56 154.00 91.61 512.56 30.00 159.37 373.84 387.50 230.50 171.70 160.00 185.80 . 59.00 392.00 6,200.00 10.00 3,795.01 343.23 300.00 90.00 238.98 1,168.58 234.83 29,306.46 1,704.02 979.65 40.80 31,579.00 485.59 225.00 26.97 . , . . . EXHIBIT "A" TO RESOLUTION #2000-305 Muzak Office Max Gopher State One-Call PC Pit Public Employees Retirement Association Quest St. Croix Caterers Springsted Inc. St Minn. Board of Electricity Star Tribune Stillwater Amoco Stillwater Veterinary Clinic Viking Industrial Center Wal-Mart Washington County Sheriff Dept. Leslie Wordell EXHIBIT "A" TO RESOLUTION #2000-305 Adopted by the City Council this 21st day of November, 2000 Install Speaker system SV A Office supplies October locates Memory Military service credit purchase Telephone Wages, Receipts Professional service for Refund Bon Inspection Books Employment ad Fuel Veterinary fees Supplies, safety cans Film,cassettes,batteries,leashes MDT Rent 3rd quarter DAR.E. parent night supplies TOTAL Page 5 18,575.07 1 06.48 8.00 90.47 8,849.78 2,107.08 41,426.49 16,744.57 25.00 303.00 1,766.44 67.50 475.52 249.07 3,420.00 51.62 437,336.96 , ~ · Memo DATE: November 21,2000 TO: FROM: Chantell Kad. Director of Ad RE: Flexible Spending Plan Administrators After receiving recommendations from other Cities on their Flexible Spending Plan (125 Cafeteria Plan) Administrators, we conducted interviews of possible Administrators. Based on our findings, Sharon Harrison, Asst. Finance Director and I recommend the City use Secure Benefits Systems as the City's new Flexible Spending Plan Administrators. . Recommendation Staff recommends the City Council approve the attached Resolution designating Secure Benefits Systems as the City's Flexible Spending Plan (125 Cafeteria Plan) Administrators, effective January 1,2001. . APPROVING SECURE BENEFITS SYSTEMS AS FLEXIBLE SPENDING PLAN ADMINISTRATOR BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Secure Benefits Systems, is hereby designated as the City's Flexible Spending Plan (125 Cafeteria Plan) Administrators, effective January 1, 2001. Adopted by the City Council this 21st day of November 2000. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk , A . . . , , '. · Memo DATE: November 21,2000 TO: Mayor and City Council FROM: Chantell K . Director of A RE: Medical Flexible Spending Plan Maximum During the Flexible Spending Plan Year 2000 (January 1 - December 31), the City established the Medical Reimbursement amount at a minimum of $300 and maximum of $2,500. Over the past several months, employees have requested the City increase the maximum limit on the Medical Reimbursement amount to $3,000. . The Flexible Spending Plans have been very successful and well-utilized by employees. The additional amount of $500 per Plan Year is reasonable. Recommendation Staff recommends the City Council approve the attached Resolution establishing the Medical Reimbursement minimum at $300 and the maximum at $3,000 for Flexible Spending Plan Year 2001. . APPROVING MEDICAL REIMBURSEMENT MAXIMUM FOR FLEXIBLE SPENDING PLAN FOR 2001 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that for Plan Year 2001, effective January 1 - December 31,2001, Medical Reimbursement portion of the City's Flexible Spending Plan (125 Cafeteria Plan) shall be a minimum of $300 and a maximum of $3,000. Adopted by the City Council this 21 st day of November 2000. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk , , .' . . . 1 UNION PACIFIC RAILROAD COMPANY Real Estate Department R. D. Uhrich Assistant Vice President J. A. Anthony Director-Contracts . D. D. Brown Director-Real Estate M. W. Casey General Directcr-Special Properties J. P. Gade Director-Facility Management . J. L. Hawkins Director.Operations Support M. E. Heenan Director.Administration & Budgets D. H. Lightwine Director-Real Estate T. K. Love Director-Real Estate 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 November 8, 2000 1935-88 STEVE RUSSELL COMl\1UNITY DEVELOPMENT DIRECTOR CITY OF STILLWATER 216 N. FOURTH STILLWATER, MN 55082 Dear Mr. Russell: This letter ("Agreement") confirms our understandings covering the possible sale by the Union Pacific Railroad Company ("Seller") to the City of Stillwater, MN ("Buyer") of Seller's interest in certain real property ("Property") in Stillwater, Washington County, Minnesota. The undersigned will recommend to Seller's Management a sale of the Property on the following terms and conditions: 1. Description of Property: . 1.1. The Property is approximately 4.617 acres as shown on the print attached hereto as Exhibit A and made a part hereof. The legal description of the Property will be determined by Seller from existing deed and title records, if possible. If a survey is required, it will be at the sole cost and expense of Buyer. 2. Sale Price: 2.1. The sale price ("Sale Price") for the Property shall be $210,000.00. (a) computed as follows: (4.617 acres X $45,484.00 = $210,000.00). The Area is subject to certification by our Manager-Descriptions and any adjustments to the Area will be prorated in determining final Sale Price. 3. Feasibility Revie,vfRight of Entry: 3.1. For thirty (30) days from the date of execution of this Agreement by Buyer ("Feasibility Review Period"), Buyer and its agents and contractors may enter upon the Property to perform environmental audits, soil tests, engineering and feasibility studies of the Property. T f the results of such audits, tests or studies, or Buyer's review of title or any other matters relating to the Property are unsatisfactory, Buyer may terminate this Agreement by giving Seller written notice before the end of the Feasibility Review Period. If no such written notice of termination is given before the end of the Feasibility Review Period, the Property . Approved by La\\ 05/11100 ,. will be deemed suitable for Buyer's purposes. In the event of such termination by Buyer, then Buyer shall surrender to Seller copies of all audits, soils, engineering and any other reports prepared for Buyer pertaining to the Property and such reports will become the sole property of Seller without cost or expense of Seller and this Agreement will terminate . without any further force and effect, and without further obligation of either party to the other. 3.2. Buyer's right to enter upon the Property pursuant to Section 3.1 is subject to the following: (a) Buyer will indemnify, defend and save harmless Seller and/or Seller's affiliates (Seller's affiliates means any corporation which directly or indirectly controls or is controlled by or is under common control with Seller), their officers, agents and employees, against and from any and all liability, loss, costs and expense of whatsoever nature growing out of personal injury to or death of persons whomsoever, or loss or destruction of or damage to property whatsoever, where such personal injury, death, loss, destruction or damage arises in connection with the entry upon the Property by Buyer, its agents or contractors prior to Closing. (b) Buyer and Buyer's agents and contractors (collectively "Contractors") will maintain in confidence all information, reports, and evaluations generated in connection with any environmental assessments and will not make disclosure without the prior written consent of Seller. If Buyer discovers hazardous or toxic substances or materials, Buyer will immediately notify Seller. (c) Buyer will promptly deliver to Seller the results and copies of any and all reports, evaluations, tests and studies generated in connection with any environmental assessments. Prior to the issuance of any final environmental report, Seller will have the opportunity to make comments, pose questions and offer recommendations to the Contractor preparing the report. . (d) Buyer agrees to indemnify, defend and hold harmless Seller against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of any work done, labor performed or materials furnished at the Property on behalf of Buyer prior to Closing. (e) If the sale of the Property does not close, Buyer will, as soon as possible and at Buyer's sole expense, restore the Property to the same condition it was in immediately prior to the time Buyer entered the Property, failing in which Seller may perform the work of restoration and Buyer will reimburse Seller within thirty (30) days after rendition of bill by Seller. 3.3. Absence of markers is not a warranty by Seller of no subsurface installations. Fiber optic systems, pipelines, and other structures may be buried on the Property. Before any digging/drilling/excavation, the following procedures will be followed by Buyer and Buyer's Contractors: (a) Protection of any fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Buyer will telephone 1-800-336-9193 (a 24-hour, 7-day number for Approved by Law 05/11100 2 . . emergency calls) during normal business hours (7 A.M. to 9 P.M., CT, Monday- Friday, except holidays) to determine if any fiber optic cable is buried on the Property. If it is determined that fiber optic cable is buried on the Property, Buyer shall promptly inform Seller, at the address at the top of this Agreement, of the results of its investigation. (b) Before drilling or excavating with mechanized equipment, Buyerwill explore with hand tools to a depth of at least eight (8) feet below the surface or will use suitable detection equipment. 3.4. Notwithstanding any provisions in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, Buyer will remain obligated to comply with the provisions of Sections 3.1 and 3.2 and Seller will retain all of its remedies for Buyer's default under Sections 3.1 and 3.2. 4. As Is Sale - Release - Indemnity: 4.1. . Prior to the Closing Date, Buyer will have the opportunity to make such inspections of the Property and matters related thereto as Buyer desires, including, without limitation, govemmentallaws and regulations to which the Property is subject, the title to the Property, and the suitability or fitness of the Property for Buyer's proposed use. Buyer acknowledges and agrees that the Property is to be sold and accepted by Buyer in an "AS IS" condition, with all faults, and Buyer acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Buyer agrees that any information Buyer may receive from Seller or its agents concerning the Property (including, but not limited to, any lease or other document, engineering study or environmental assessment) is furnished on the condition that Buyer will make an independent verification of the accuracy of the information. Seller does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Property; in particular, without limitation, Seller makes no representations or warranties with respect to the use, condition, title, occupation or management of the Property, or compliance with applicable statutes, laws, codes, ordinances, regulations, requirements (collectively "Condition of the Property"). Buyer acknowledges that it is entering into this Agreement on the basis of Buyer's own independent investigation of the physical and environmental conditions of the Property. Buyer assumes the risk that adverse physical and environmental conditions may not have been revealed by its investigation. 4.2. FROM AND AFTER CLOSING, BUYER WILL RELEASE SELLER, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND SAVE HARMLESS SELLER, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CAUSES OF ACTION, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE KNOWN OR UNKNOWN CONDITION OF THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY CONTAMINATION IN, ON, UNDER OR ADJACENT TO THE PROPERTY BY ANY HAZARDOUS OR TOXIC SUBSTANCE OR MATERIAL), OR ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR . Approved by Law 05/11/00 3 REGULATION APPLICABLE TIIERETO,INCLUDING, WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE FOREGOING . WILL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF SELLER, ITS AFFILIATES, OR TIIEIR EMPLOYEES, AGENTS OR OFFICERS. 4.3. The provisions of this Section 4 will survive the delivery of the deed and will bind and inure to the benefit of the parties hereto, their heirs, successors and assigns. 5. Escrow, Title Insurance and Abstract of Title: 5.1. Seller will not furnish title insurance or an abstract oftitle to the Property. Buyer may, at its sole option and expense, obtain a preliminary title report ("PTR") in order to review the status of title to the Property during the Feasibility Review Period. If Buyer obtains a PTR, a copy will be delivered to Seller. Seller has no obligation to cure any title defects or to assist B'uyer in obtaining title insurance. 5.2. If Buyer desires title insurance, Buyer shall pay the cost of any title insurance and any endorsements or changes to the title policy desired by Buyer. If an escrow is used, Buyer shall pay any and all fees relating to the escrow, including, but not limited to, any City and/or County Transfer Taxes and recording fees. 6. Form of Deed; Reservations: 6.1. At Closing, Seller will transfer Seller's interest in the Property to Buyer by Quitclaim Deed, subject to all outstanding rights, whether or not of record. Seller will reserve from the transfer all minerals and mineral rights without right of surface entry. . 7. Existing Agreements: 7.1. If any lease or "Use Rights" (license or other rights to use the Property) affects only the Property (whether identified by Seller before or after execution of this Agreement) Seller's rights and obligations under any such identified lease or Use Right will be assigned to and assumed by Buyer at or after Closing. 7.2. Buyer acknowledges that the Property may be subject to unidentified Use Rights. It is the responsibility of Buyer to determine if any ofthese unidentified Use Rights exist. 8. Closing - Default: 8.1. Closing will occur on or before December 20, 2000 ("Closing Date"). The Closing will be deemed to occur upon payment of the Sale Price by cashier's or certified check, and delivery of the deed. All Closing costs, including transfer taxes and excise taxes, will be paid by Buyer. 8.2. If Closing fails to occur due to default by Seller, Buyer may terminate this Agreement as Buyer's sole remedy against Seller. In the event of such termination, neither Seller nor Buyer will have any further liability hereunder. Approved by Law 05/11/00 4 . . . . 9. Prorations: Local property taxes, if any, and other assessments due and payable in the year of Closing, as well as rental under any leases or Use Rights that are being assigned, will be prorated as of the date of Closing. Buyer will assume any installments of assessments not yet due and payable. 10. Negotiations - Brokers and Finders: Negotiations relative to this transaction have been carried on by both parties without the intervention of any person which will give rise to any valid claim against either of the parties hereto, for brokerage commission or other like payment. Each party hereto shall indemnify and hold harmless the other party against and from any and aU claims for brokerage commission or other like payments arising out of the transaction contemplated by this Agreement and occasioned by the indemnifying party . 11. SubdivisionJPlatting Compliance: It may be necessary to comply with local or state subdivision or platting laws or regulations prior to Closing. All necessary applications, maps and other requirements to comply with this requirement will be completed by Buyer at Buyer's sole cost and expense, and are subject to review and approval by Seller before filing. If Buyer fails to comply with subdivision requirements prior to the Closing Date, or if any proposed subdivision plat or parcel map contains conditions affecting Seller, the Property prior to Closing, or other real property owned by Seller, then Seller, in its sole and absolute discretion, may terminate this Agreement. Seller is not obligated to extend the Closing Date due to Buyer's failure to comply with subdivision or platting requirements prior to the Closing Date. 12. Eminent Domain: The parties acknOWledge that Buyer has the authority to condemn the Property under its power of eminent domain. Buyer represents that it will institute eminent domain proceedings in the event that Seller does not sell the Property upon the terms set forth in this Agreement. The parties further acknowledge that Seller intends to treat the sale of the Property as sold under imminent threat of condemnation, pursuant to Section 1033 of the Internal Revenue Code of 1986 (26 U.S.C.). 13. Track Easement Seller shall retain ownership of all railroad trackage and track appurtenances now located upon, along and across the Property, and shall reserve to itself, its successors and assigns a perpetual easement for the construction, reconstruction, operation, repair, renewal and, if necessary, removal of railroad trackage and appurtenances along, across, under and within the sale area shown on Exhibit A, together with a right of access to the reserved easement over and across the Property for purposes of maintenance and operation, as reasonably necessary . 14. Air Rights Easement Seller shall retain all control of the air space above the width of the right of way sold. Approved by Law 05/11/00 " J 15. Seller's Management Approval: BUYER ACKNOWLEDGES THAT NEITHER THIS AGREEMENT NOR THE . NEGOTIATIONS LEADING TO TIllS AGREEMENT CREATE ANY OBLIGATION ON THE PART OF SELLER TO SELL THE PROPERTY TO BUYER UNLESS TIllS AGREEMENT IS APPROVED IN ACCORDANCE WITH SELLER'S MANAGEMENT POLICY STATEMENT. IF SUCH APPROVAL IS NOT GIVEN AND COMMUNICATED TO BUYER BY THE CLOSING DATE, TIllS AGREEMENT WILL TERMINATE AND NEITHER PARTY WILL HAVE ANY FURTHER OBLIGATION. If you agree with the foregoing terms and conditions with respect to the possible purchase of the Property, please indicate your acceptance of these terms and conditions by signing in the acceptance space provided below and returning one copy to Rod Peterson, at the address listed at the top of this letter, in order that it is received by Seller no later than November 20, 2000. Please also indicate below how you wish to take title. If you should have any questions, please call Rod Peterson at 402-997-3644. Sincerely, D. D. Brown Director - Real Estate ACCEPTED AND AGREED THIS DAY OF ,200_. . City of Stillwater, MN By: Its: Title to the Property will be taken as follows: iHE C 1;-'1 of- c;r/LLtvA7E:.e.. If Corporation, State of incorporation: HIj!/NJffS~TJ1- Mailing Address: 2/ b 11/0 L.j f:I- rr 57/LL.--wM€/2 M (NN v' (770 g::2--- Approved by Law 05/! 1100 6 . . . . , UNION PACIFIC RAILROAD COMPANY Stillwater, Washington County, Minnesota M.P. 4.89 to M.P. 5.50 - Stillwater Branch EXHIBIT "A" An irregular shaped strip or parcel of land situate in the EYiSEV4 of Section 28, SWV4SWV4 of Section 27, NWV4 and the NYiNEV4SWV4 of Section 34 all in Township 30 North, Range 20 West of the 4th Principal Meridian within Stillwater, Washington County, Minnesota, said parcel being more particularly described as follows: COMMENCING at the most westerly comer of Lot 11, Block 28 of the Original Town of Stillwater, according to the perfected plat of the City of Stillwater, recorded as Document No. 41609 in the office of the county records, Washington County, Minnesota, said corner being in the northeasterly line of Main Street, 66.00 feet wide; thence S50000'00"E, along said northeasterly line, a distance of 140.00 feet to the northwesterly comer of that certain parcel of land as heretofore conveyed to Northeast Oil Products, Inc. by Chicago, St. Paul, Minneapolis and Omaha Railway Company (predecessor to Union Pacific Railroad Company) by Quitclaim Deed dated October 5, 1970 and being further identified in the records of said railroad company as Deed No. 76240; thence N54030'OO"E, along the northwesterly line of said conveyed parcel and the northwesterly line of that secondly described parcel of land as heretofore conveyed to St. Croix Boat & Packet Company by Chicago and North Western Transportation Company (predecessor to Union Pacific Railroad Company) by Quitclaim Deed dated March 31, 1993 and being further identified in the records of said railroad company as Deed No. 87146, parallel with the northwesterly line of said lot, a distance of 186.70 feet to the TRUE POINT OF BEGINNING; thence continuing N54030'OO"E, parallel with the northwesterly line of said lot, a distance of 31.13 feet to the northwesterly comer of that firstly described parcel of land as heretofore conveyed to Dock Cafe Corporation by Chicago and North Western Transportation Company (predecessor to Union Pacific Railroad Company) by Quitclaim Deed dated May 20, 1993 and being further identified in the records of said railroad company as Deed No. 87186; thence S36047'24"E, along the westerly line of said conveyed parcel, a distance of98.37 feetto a point in a non-tangent curve, concave southwesterly, having a radius of988.47 feet, said point being 9.00 feet distant southwesterly, as measured radially, from the centerline of the main track of Union Pacific Railroad Company, as presently constructed and operated; thence northwesterly along said curve and the easterly line of said conveyed parcel, concentric with and 9.00 feet distant southwesterly, as measured radially, from said centerline of said main track, through a central angle of 02033'21" and an arc distance of 44.1 0 feet; thence N31 053'03"W, along said easterly line of said conveyed parcel parallel with and 9.00 feet distant southwesterly, as measured at right angles, from the centerline of said main track, a distance of 54.52 feet; thence N54030'OO"E, parallel with the northwesterly line of said Lot 11, a distance of 18.04 feet to the northwesterly comer of that thirdly described parcel of land as heretofore conveyed to Dock Cafe Corporation by aforesaid railroad company's Deed No. 87186, said corner being 9.00 feet distant northeasterly, as measured at right angles, from said centerline of said main track; thence S31 053'03 "E, along the westerly line of said conveyed parcel parallel with and 9 .00 feet distant northeasterly, as measured at right angles, from said centerline, a distance of 55.66 feet to the , beginning of a tangent curve, concave southwesterly, having a radius of 1,006.47 feet, and the northwesterly corner of the fourthly described parcel ofland as heretofore conveyed to Dock Cafe Corporation by aforesaid railroad company's Deed No. 87186; . thence southeasterly along said curve and the westerly line of said conveyed parcel, concentric . with and 9.00 feet distant northeasterly, as measured radially, from said centerline, through a central angle of 03003'13" and an arc distance of53.64 feet; thence N67051 '06"E, along the southeasterly line of said conveyed parcel, a distance of 78.00 feet, more or less, to the southwesterly shore line of Lake St. Croix; thence southeasterly, along said shore line and the northeasterly line of that certain parcel ofland as heretofore acquired by the St. Paul, Stillwater and Taylor Falls Railroad Company (predecessor to Union Pacific Railroad Company) from Alphus B. Stickney, et ux by Quitclaim Deed dated May 7, 1875, recorded May 12, 1875 in Book V, Page 549 of the Deed Records of Washington County, Minnesota, to the northeasterly comer of that certain parcel of land as heretofore acquired by aforesaid Chicago, St. Paul, Minneapolis and Omaha Railway Company from Alphus B. Stickney, et ux by Quitclaim Deed dated February 3, 1888, recorded May 10,1888 in Book 21, Page 306 of said county records; thence southeasterly, along said shore line and the northeasterly line of the hereinabove secondly acquired parcel and the northeasterly line of that certain parcel ofland as heretofore acquired by said St. Paul, Stillwater and Taylor Falls Railroad Company from Alphus B. Stickney, et ux by Deed dated May 20, 1874, recorded May 27, 1874 in Book X, Page 568 of said county records, to the northeasterly comer of firstly described parcel of land as heretofore conveyed to St. Croix Boat & Packet Company by the hereinabove railroad company's Deed No. 87146; thence N31 031'OO"W, along the northeasterly line of said conveyed parcel, a distance of 152.00 feet, more or less, to a point 9.00 feet distant northeasterly, as measured at right angles, from aforesaid centerline of said main track; thence S22008'54"E, along the southwesterly line of said conveyed parcel parallel with and 9 .00 feet distant northeasterly, as measured at right angles, from said centerline, a distance of286.12 feet to the south line of that certain parcel of land as heretofore acquired by aforesaid St. Paul, Stillwater and . Taylor Falls Railroad Company from C. J. Butler, et ux and Isaac Gray by Quitclaim Deed dated November 22, 1871, recorded July 19, 1872 in Book V, Page 299 of aforesaid county records; thence due west, along said south line and the north line of the firstly described parcel of land as heretofore acquired by aforesaid Chicago, St. Paul, Minneapolis and Omaha Railway from the City of Stillwater by Warranty Deed dated February 27, 1933, recorded March 22, 1933 in Book 100, Page 261 of aforesaid county records, to the northeasterly corner of that certain parcel of land as heretofore acquired by aforesaid St. Paul, Stillwater and Taylor Falls Railroad Company from Roscoe F. Hersey, et al. by Indenture dated August 5, 1878, recorded October 18, 1879 in Book 6 of Deeds, Pages 67 through 70 of aforesaid county records; thence southeasterly, along the northeasterly line of said acquired parcel, to the northwesterly comer of that certain 19.00 foot wide strip ofland as heretofore acquired by aforesaid Chicago, St. Paul, Minneapolis and Omaha Railway from City of Stillwater by said Warranty Deed dated February 27, 1933, said strip being the fifthly described parcel in said deed; thence northeasterly, perpendicular to last described course along the northeasterly line of said strip, a distance of 19.00 feet to the northeasterly corner of same, said comer being 30.00 feet distant northeasterly, as measured radially, from aforesaid centerline of said main track; thence southeasterly, along the northeasterly line of said strip, concentric with and 30.00 feet distant northeasterly, as measured radially, from aforesaid centerline of said main track, a distance of 136.80 feet, more or less, to a point in the northwesterly line of that fourthly described strip of land in said Warranty Deed from the City of Stillwater; thence northeasterly, perpendicular to last described course along the northwesterly line of said fourthly described strip, a distance of 20.00 feet to the northeasterly comer of same, said corner being . . . . , 50.00 feet distant northeasterly, as measured radially, from aforesaid centerline of said main track; thence southeasterly, along the northeasterly line of said fourthly described strip, concentric with and 50.00 feet distant northeasterly, as measured radially, from aforesaid centerline of said main track, to a point on the section line between Sections 27 and 34; thence southeasterly, continuing along the northeasterly line of said fourthly described strip concentric with and 50.00 feet distant northeasterly, as measured radially and/or at right angles, from aforesaid centerline of said main track, to the southeasterly corner of same; thence southwesterly, along the southeasterly line of said fourthly described strip, to the northeasterly corner of the thirdly described strip of land acquired by said Warranty Deed from said City of Stillwater, said corner being 20.00 feet distant northeasterly, as measured at radially, from aforesaid centerline of said main track; thence southeasterly, along the northeasterly line of said thirdly described strip, to the southeast corner of same; thence southwesterly along the southeasterly line of said thirdly described strip to a point in the northeasterly line of that certain 30.00 foot wide strip ofland as heretofore acquired by said Warranty Deed from said City of Stillwater, said strip being the secondly described in said deed; thence southeasterly, along the northeasterly line of said secondly described strip, a distance of 124.30 feet to a point in that certain parcel or strip ofland as heretofore acquired by the aforesaid St. Paul, Stillwater and Taylor Falls Railroad Company from Roscoe F. Hersey, et al. by Bargain and Sale Deed dated August 5, 1878, recorded October 18,1879 in Book No.6 of Deeds, Pages 67 through 70 of said deed records, said point being 11.00 feet distant northeasterly, as measured at right angles, from aforesaid centerline of aforesaid main track; thence southeasterly, parallel with and 11.00 feet distant northeasterly, as measured at right angles, from said centerline to a point in the south line of Lot 2 of aforesaid Section 34, said point being the northeasterly comer of that certain strip ofland as heretofore acquired by aforesaid St. Paul, Stillwater and Taylor Falls Railroad Company from Samuel Hersey, et al. by Quitclaim Deed dated October 17, 1872, recorded March 21, 1874 in Book V, Page 446 of said deed records; thence continuing southeasterly, along the northeasterly line of said acquired strip parallel with and 11.00 feet distant northeasterly, as measured at right angles, from said centerline to a point in the westerly prolongation of the north line of Lot 5, Block 1 of Hersey Staples and Company Addition to said City of Stillwater; thence east, along said westerly prolongation, to a point 31.00 feet distant northeasterly, as measured at right angles, from said centerline, said point being in the north line of said Lot 5; thence southeasterly, parallel with and 31.00 feet distant northeasterly, as measured at right angles, from said centerline to a point on the north line of Lot 4 of said Section 34, said point being the northeast comer of that certain parcel of land as heretofore acquired by aforesaid St. Paul, Stillwater and Taylor Falls Railroad Company from Samuel Hersey, et al. by Quitclaim Deed dated November 21, 1871, recorded March 3,1872 in Book Y, Pages 420 to 422 of said deed records; thence continuing southeasterly, parallel with and 31.00 feet distant northeasterly, as measured at right angles, from said centerline to a point 50.00 feet distant southerly, as measured at right angles, from said north line of said Lot 4 of said Section 34; thence west, parallel with and 50.00 feet distant southerly, as measured at right angles, from said north line of said Lot 4 of said Section 34, to a point on the northeasterly line of that certain parcel or strip of land as heretofore conveyed to the State of Minnesota from aforesaid Chicago, St. Paul, Minneapolis and Omaha Railway Company by Quitclaim Deed dated January 23, 1969 and being further identified in the records of said railroad company as Deed No. 75146, said point being 19.00 feet distant southwesterly, as measured at right angles, from aforesaid centerline; thence northwesterly, along the northeasterly line of said conveyed parcel parallel with and 19.00 feet distant southwesterly, as measured at right angles, from aforesaid centerline to said north line of said , Lot 4 and the southwest comer ofthat certain parcel ofland as heretofore acquired by aforesaid St. Paul, Stillwater and Taylor Falls Railroad Company from Isaac Staples et ux by Quitclaim Deed dated December 19,1872, recorded March 21, 1874 in Book X, Page 521 of said deed records; . thence northwesterly, concentric with and 19.00 feet distant southwesterly, as measured at right . angles and/or radially, from aforesaid centerline to the most northerly point of that certain parcel of land as heretofore conveyed to the State of Minnesota by aforesaid Chicago, St. Paul, Minneapolis and Omaha Railway Company by Quitclaim Deed dated October 3, 1932 and being further identified in the records of said railroad company as Deed No. 2563-B, said point being 19.00 feet distant southwesterly, as measured at right angles, from aforesaid centerline, and also, being in the southeasterly line of that certain parcel or strip ofland as heretofore acquired by aforesaid deed from Roscoe F. Hersey, et al. dated August 5, 1878; thence northwesterly, along the southwesterly line of said acquired strip, to the southwesterly comer of that secondly described parcel of land as heretofore conveyed to aforesaid St. Croix Boat and Packett Company by aforesaid railroad company's Deed No. 87146, said comer being on the easterly line of Lot 4 of said Section 28; thence NOO~3'46"E, along the easterly line of said Lot 4 of said Section 28 and the easterly line of said conveyed parcel, a distance of 80.31 feet, more or less, to a point on a non-tangent curve, concave northeasterly, having a radius of 1,697.10 feet, said point being 9.00 feet distant southwesterly, as measured radially, from aforesaid centerline of aforesaid main track; thence northwesterly, along the northeasterly line of said conveyed parcel concentric with and 9.00 feet distant southwesterly, as measured radially, from said centerline and along said curve through a central angle of 01044'20" and an arc distance of 51.50 feet, more or less; thence N22008'54"W, continuing along said northeasterly line parallel with and 9.00 feet distant southwesterly, as measured at right angles, from said centerline, a distance of376.31 feet to the beginning ofa tangent curve, concave southwesterly, having a radius of 988.47 feet and a chord bearing N23016'00"W; thence northwesterly, continuing along said northeasterly line concentric with and 9.00 feet . distant southwesterly, as measured radially, from said centerline and along said curve through a central . angle of 02014'13" and an arc distance of38.59 feet, to the southerly corner of that secondly described parcel of land as heretofore conveyed to aforesaid Dock Cafe Corporation by aforesaid railroad company's Deed No. 87186, said comer being on a curve, concave southwesterly, having a radius of 988.47 feet and a chord bearing N25~0'D26"W; thence continuing northwesterly, along the northeasterly line of said conveyed parcel concentric with and 9.00 feet distant southwesterly, as measured radially, from said centerline and along said curve through a central angle of 0 1 054'38" and an arc distance of 32.96 feet to the northerly comer of said conveyed parcel; thence S22044'00"E, along the northwesterly line of said conveyed parcel, a distance of 27.10 feet to a point on the northeasterly line of aforesaid secondly described parcel of land as heretofore conveyed to aforesaid St. Croix Boat and Packett Company by aforesaid railroad company's Deed No. 87146; thence N39045'00"W, along said northwesterly line of said conveyed parcel, a distance of 1 06.00 feet; thence N45030'00"W, continuing along said northwesterly line of said conveyed parcel, a distance of 72.00 feet to TRUE POINT OF BEGINNING. Containing an area of201,134 square feet or 4.617 acres, more or less. . . . . " Office of Real Estate Omaha, Nebraska Apri127, 1998 Revised: July 21, 1998 Written by: DDB stillwat.mn 458-81 . . . NOV.21.2000 2:46PM 3M DENTAL PRODS 260 28 09 NO. 3041 P. 1 No\'ember 21, 2000 City of Stillwater 216 North Fourth Street StiUwater,~ 55082 Attention: Steve Russell. Planning Director. aept4JD.: Trail PIu. Dear Mr, RuaeeU, I was a bit shocked to see that the public meeting on the Trail Plan is being held during a Holiday week, and to see it was not even listed in the Council agenda published in the Qazette Monday evening. Since many of those with concerns will be out of town for the holidays, I am faxing you oU%' concems and requesting that they be copied for and shared with the Council and other Commissions. I believe the Trail Plan still shows a trail going through my front yard. I do not see the trail going through all the other front yards on the other properties on Long Lake. We are strictly opposed to this portion of the plan, as it is obviously discriminatoJy. I recall at earlier meetings how conr.-emed Commi8sion people were that no trails went through their yards on Lily Lake. I believe the Plan also depicts disturbing the DNR Wildlife Preserve with trails. When the land was donated to DNR) no such future usage beyond its current usage wae allowed. We are opposed to this unwarranted disturbance of the DNR Wildlife Preserve. The plan is unclear a8 to the future of the -Walking- path on the West side of Long Lake. Since there are deed restrictions (to be used for a -Walking Path" only) on the land donated for that pathway, the City Officials should honor that donation agreement, and the Plan should clearly restrict that path frombikes, skateboards, etc., except for strollers and handicap conveyances. RespeetfUlly, wi Don McKenzie j. i 12620 72M Street North Stillwater, MN 55082-9322 cc: Mayor Jay Kimble City Council Planning Commission Parks Commission . . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2000-304 . Ace Aggregate Industries All Fire Test Chris Amdahl Ancom AT&T AWl Bailey Construction Barrett M Stack Beberg, Byrdie Beberg, Don Becker Arena Bergfalk, Robert Ben Meadows Berube, Bette Board of Water Commissioners Bonestroo, Rosene, Anderlik Brad Ragan Goodyear Burley's Rink Supply Carquest Carter, Anita Carter, Orwin L. Casanova, Stella Celski, Francis P. Celski, Karen L. Century Chaves, Nickolas Chemsearch Clarey's Coke Courier News Crotty, Jason Cub Cunningham, Don Cy's Uniforms Eartec Duncan, Evelyn Earl F Anderson Edward Don & Co. Empson, Donald Equifax Falde, Helen First Line Beverage Flexible Pipe Tool Folz, Freeman, Dupay & Associates . Arena supplies Coarse Sand Chemical certification Re-Key and Keys cut Batteries Long Distance Park Benches Install Picnic Shelter Survey mapping Levee Election salary Election salary Repair broken glass Election salary Drip Torch Holder, Goggles Election salary 4th quarter WAC, water bill receipt Drainage data for Coves Tires Markless pucks Equipment repair Election salary Election salary Election salary Election salary Election salary Repair parts Cell Phone Drum pump Helmets, Firefighter crescents Concession soda City minutes, Classifieds Safety boots Concession supplies Carpet cleaning Badge holder, ties Wireless scrambler, headset Election salary Trail symbols Arena supplies Election salary Polk Directories Election salary Concession supplies Test Ball Sewer Plugs North Hill photo control 1,145.36 82.70 138.54 321.10 577.57 93.87 3,000.00 3,800.00 315.00 160.00 176.00 316.22 505.00 121.91 380.00 86,144.00 167.50 132.85 1,740.14 573.79 160.00 164.00 60.00 186.00 76.00 26.57 21.90 17.56 514.55 1,443.35 101.32 105.49 40.67 1,200.00 15.56 510.00 162.00 153.79 184.79 164.00 307.00 206.00 705.77 635.86 7,500.00 EXHIBIT "A" TO RESOLUTION #2000-304 Fred's Tire Fuller, Kathy G & K Services Global Goldberg, Helen Haak, Marilyn Hanson, Mary Ann Haraldson, Michael Harrison, Sharon Havlik, Kim Hicks, James P. Hicks, Valerie L. H L Mesabi Holmberg, Mary Holtan, Sharon Hudacheck, Ruth Huebscher, Elizabeth Huebscher, Stephen IBM Ice Skating Institute J H Larson Company Jirik, Mary Johnson, Diane Johnson, Evan Johnson, Pat Johnson, Richard Kadin, Chantell Knapp,Jane Knowles, Kellie Koepp, Connie Kopel, Jeanine Kress, Mary Jo Kroening, Nancy Krongard, Leslie Kruse, Del Lacey, S. Judith Lentz, Marlene Lind, Gladys Linner, Ed Linner Electric Lynch, Dorothy MacDonald Magnuson Law Firm Meader, Eileen Menards Metropolitan Council . Page 2 . Tire Repair Election salary Uniforms,rugs, towels, mops Keyboard drawer Election salary Election salary Election salary Election salary Mileage seminar Election salary Election salary Election salary Curb Runners Election salary Election salary Election salary Election salary Election salary System support, AS 400 Alert Arena supplies Arena maintenance Election salary Election salary Election salary Election salary Election salary Mileage Election salary Election salary Election salary Election salary Election salary Election salary Maintain refridgeration equipment Safety boots Election salary Election salary Land purchase payment Dec 2000 Election salary Fuses Election salary Election salary Legal services Election salary Staples, repair tape, hardware December 2000 sewer 16.19 160.00 3,907.29 112.34 158.00 148.00 16.00 204.00 13.00 76.00 152.00 154.00 625.26 284.00 78.00 160.00 16.00 16.00 1,325.73 25.00 312.24 96.00 58.00 96.00 174.00 144.00 80.28 375.00 52.00 50.00 212.00 286.00 286.00 280.00 19.99 390.00 160.00 927.00 220.00 52.45 160.00 76.00 7,893.33 50.00 169.98 77,688.00 . . . EXHIBIT "A" TO RESOLUTION #2000-304 . Meysembourg, Marge Minn Blue Minnesota Commerce Department Minnesota State Fire Chief Minnesota Department of Administration M II Life M J Raleigh Trucking Moody's Investors Service MTI Distributing, Inc. Musco Nelson, Alden Nesje, Merald Norris, Anna M. Norris, Robert H. NSP Northwestern Tire Norton, Jennifer Owens Service Corp. Pagenet Parts Associates PC Pit Stop Polehna, Joni Polfullmplement Inc. Quantum Digital Rachel, Helen Reliance Electric Renfrow, Shirley Rheinberger, Joe Rheinberger, Margot Rider, Janet Ritzer, Marlene RMR Engineering Roettger, Carol Roof Tech Inc. Royal Lube R & R Specialty Russell, Steve Ryan, Eleanor St. Croix Caterers St. Croix Office Sandeen, Mary Ann Savoie Supply Co. Scullen, Dorothy Sculley, Beverly Shorty's Smith, Ryan . Election salary Trans CVR Notary Public fee Sue Moore Fire Chief luncheon September usage, router parts Life Insurance Meadowlark Park grading Tax Increment refund Hex belt Equipment repair Election salary Election salary Election salary Election salary Replace overhead with underground Safety Tires Election salary Dome maintenance Pager Hardware, washers,hexnuts Monitor, mouse Election salary New clutch installed Covers and bindings for maps Election salary Equipment repair Election salary Election salary Election salary Election salary Election salary UnderWater lift bags Election salary Fire Hall roof repair Oil change Ice Painting Lily Lake Bridge supplies Election salary Wages & Management fees Office supplies Election salary Equipment repair Election salary Election salary Dry Clean Reimburse conference expense Page 3 192.00 89.64 40.00 10.00 177.65 1,215.86 2,082.50 3,250.00 177.51 152.16 96.00 152.00 158.00 152.00 5,801.00 30.00 162.00 192.38 891.97 144.09 329.99 375.00 1,633.28 17.60 206.00 320.00 380.00 160.00 160.00 160.00 16.00 128.00 106.00 199.90 168.57 1,254.87 61.70 286.00 21,728.75 801.96 262.00 75.00 282.00 216.00 31.63 267.27 EXHIBIT "A" TO RESOLUTION #2000-304 Springborn, Mary Stillwater Amoco Stillwater Sign Stuart. Margaret Swanson, Norma Sysco Minnesota Teltronix Turchiniak, Vicky Turnblad, Gretchen Turnblad, Vincent UBC Viking Industrial Wald, Darwin Washington County Public Works Wet Tek Wicker, Steve Wipers and Wipes Wolf Marine Woltman, Marlene Workwell Occupational Zee Medical Service Zempel, Mark Zoller, Robert Page 4 . Election salary Fuel Banner Election salary Election salary Concession supplies Hub 8 net Election salary Election salary Election salary Bridge Material Browns Creek Thermal Gloves Election salary Install Stop Sign Cooling tower treatment Safety boots Roll Towels Propane Election salary Health Services Medical supplies Election salary Employee breakfast, Open house 326.00 3,733.16 74.55 288.00 194.00 506.70 55.00 164.00 392.50 154.00 265.81 46.56 154.00 91.61 512.56 30.00 159.37 373.84 387.50 230.50 171.70 160.00 185.80 . . Check No. Previous lawful gambling exemption number '=---- . Minnesota Lawful Gambling LG220 - Application for Exempt Permit Organization Information Orga . t~n ~o he, SdtOD \ 3v!Gf. i \\W~~ Name of chief executive officer (CEO) o/~~9~/ ~}i;;a;~uvf Nam.e of ~urer ~ i First n 7 L~na. me ~o<:kJ ~ Type of Nonprofit 6rganization I Fee - $25 Page 1 of 2 8/00 For Board Use Only Fee Paid ~~ Daytime phone number of CEO t S-11f$9, t./lfo cJ Daytime phone number of treasurer: Check the box that best des~our organization: o Fraternal ~ _Religious o Veteran 0 Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: o IRS letter indicating income tax exempt status o Certificate of Good Standing from the Minnesota Secretary of State's Office ~A charter showing you are an affiliate of a parent nonprofit organization )"\ Proof previously submitted and on file with the Gambling Control Board . Adldi~d~ nG use PO b~ oatel'J'Tj ('01 mltte,. inreate the date of the dmwing) Check the 60x or bdxes that indicate the type of gambling activity 'leur organization wi!! be cenducti!1g: D *Bingo %Raffles 0 *Paddlewheels D*Pull-Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's alternative format (I.e. large print. Braille) name and address will be public information upon request. The information requested when received by the Board. All the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit. all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supply the information requested; however. applying for your permit will become public. if you refuse to supply this information. the If the Board does not issue you a permit. Board may not be able to determine your all the information you have provided in the qualifications and. as a consequence, may process of applying for a permit remains refuse to is'sue you a permit. If you supply private, with the exception of your name the information requested, the Board will and your organization's name and address be able to process your application. which will remain public. Private data about you are available only to . ~~""". dL- i-,~ the following: Board members. staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration. Finance. and Revenue; the Minnesota Legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. . . Diane F . Ward, City Clerk . RESOLUTION 2000-306 2001 CITY CONTRIBUTION TOWARD HEALTH INSURANCE PREl\fiUMS FOR BENEFITS ELIGffiLE EXEMPT EMPLOYEES BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that effective January 1,2001 the City shall contribute $516 per month toward health insurance premiums for benefits eligible, exempt employees who are not covered by a labor contract, is hereby approved. Adopted by the City Council this 21st day of November 2000. ATTEST: Jay Kimble, Mayor . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: 2001 salary schedule for Director of Administration DA: November 17,2000 Discussion: Accompanying this memo is a resolution approving the 2001 salary and longevity schedules for Chantell Kadin. Chantell is doing an excellent job and I would highly recommend adoption of the salary schedule (a 3% increase over the current schedule). Recommendation: Council adopt resolution approving 2001 salary and longevity schedule for Director of Administration. 11~ RESOLUTION NO. 2000-307 APPROVING 2001 SALARY SCHEDULE FOR DIRECTOR OF ADMINISTRATION BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that, effective January 1, 2001, the following annual salary and monthly longevity schedule "for the Director of Administration is approved: Annual Salary After After After After EnID: 1 Year 2 Years 3 Years 4 Years 2001 58,401 60,023 61,646 63,268 64,890 Monthly Longevity After After After After 5 Years 10 Years 15 Years 20 Years 2000 95 185 280 325 Adopted by the City Council this 21 5t day of November 2000. Jay Kimble, Mayor Diane F . Ward, City Clerk . . . , ~ . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Employment agreement DA: November 17,2000 Discussion: Accompanying this memo is an employment agreement for the City Administrator. Although I have never felt the need to have such an agreement it has been recommended, by our labor relations consultant, that there should be such an agreement. It is also customary practice to have employment agreements for the City Administrator position and you will probably need to have one for the next Administrator. F or your information the agreement basically contains provisions that are either provided for in the personnel policy or in State and local ordinances. Recommendation: Council adopt resolution approving employment agreement for City Administrator. '/1~ ~ j . RESOLUTION APPROVlL~G EMPLOYMENT AGREE~IENT WITH CITY ADJ\'IINISTRA TOR RESOLUTION NO. 00- BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Employment Agreement between the City of Stillwater and Nile L. Kriesel, City Administrator, as shown on the attached Exhibit A is hereby approved. Adopted by the council this 21 st day of November 2000. Jay Kimble, Mayor ATTEST: City Clerk . . .. . EMPLOYMENT AGREEMENT BETWEEN THE CITY OF STILL WATER AND NILE L. KRIESEL THIS AGREEl\tIENT made this day 21 st day of November 2000 by and between the City of Stillwater ("Employer"), and Nile L. Kriesel ("Employee"). The parties agree as follows: 1. POSITION. Employer agrees to employ Employee as its City Administrator. Employee agrees to serve as City Administrator. 2. TERM OF AGREEMENT. This Agreement shall be in full effect from January 1,2001 through June 30, 2002. This Agreement shall be automatically renewed unless either party notifies the other in writing that they desire to modify this Agreement. 3. SALARY. A. Employer shall pay Employee an annual salary of $74,280 effective January 1,2000. B. Employer shall pay Employee an annual salary of$80,700 per year effective January 1,2001. C. Employer and Employee shall negotiate the salary effective January 1, 2002 and establish it by Resolution of the City Council. 4. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or an alternate pension plan, if selected by Employee, authorized by State 'law. . PERA BUY BACK. Employer shall contribute up to $8,850.00 to Employee's PERA account for purchase of one year of Employee's military service, on or befbre December 1,2000, in addition to the regular payments made by the Employer. . 5. SICK LEAVE. Employee shall earn and retain sick leave in accordance with the City's Personnel Policy. 6. VACATION. Employee shall earn and retain sick leave in accordance with the City's Personnel Policy. When Employee leaves employment, Employee shall be paid all accrued vacation leave balance. 7. HOLIDAYS. Employer shall provide Employee the same holidays as specified for other non-union employees.. 8. GENERAL INSURANCE. Employer shall provide Employee the same group hospital, medical, dental, and life insurance benefits as provided to all other non-union employees. 9. LIFE INSURANCE. Employer shall provide life insurance at the same rate as provided to other non-union employees. 10. DENTAL INSURANCE. Employer shall provide dental insurance at the same rate as provided to other non-union employees. 11. DUES. AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions . for Employee which are necessary for Employee's continued participation in national, regional, state and local associations necessary and desirable for Employee's continued professional participation, growth and ~ advancement. 12. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay the travel and subsistence expense. of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member. Employee shall use good judgment in outside activities so as not to neglect primary duties to the Employer. Employer shall also budget for and pay the travel and subsistence expenses of Employee for short courses or seminars that are appropriate for his professional growth. 13. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate. The Employer shall pay the dues for at least one civic club and may, at Employers discretion, pay dues for other civic clubs. 14. GENERAL EXPENSES. Employer shall reimburse Employee the same as Employer reimburses all other employees for miscellaneous job related expenses which it is anticipated Employee will incur from time to time. 15. HOURS OF WORK. It is understood that the position of City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures oftime. It is further understood that Employee may absent from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 16. TERMINATION BENEFITS. . A. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, Employer agrees to pay Employee a cash payment salary equal to the remaining months of this Agreement. This payment shall be made in a lump sum payment with the Employee's last regular paycheck. B. Employer shall also continue to provide and pay for the benefits set forth in paragraphs 10 and 11 above for a period of 18 months following termination. C. C. Employer shall also provide continuation on the City's group health insurance policy at the Employer's expense as provided in Ordinance No. D. Employer shall also provide severance pay in the amount of 1;2 of unused sick leave accrual up to a maximum of20 weeks pay. In the event of Employee's death while still employed, the surviving spouse, if any, or if no surviving spouse, minor child, if any, shall be entitled to such severance pay. E. If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, or if Employer refuses, following written notice, to comply with any other provisions of this Agreement benefiting Employee or Employee resigns following a formal suggestion by Employer that Employee resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above, including eligibility. . for retirement for retirement benefits. , 17. RETIREMENT BENEFITS. . A. In the event the Employee retires during the term of this Agreement and is eligible to receive PERA retirement benefits, Employer shall pay for the continuation on the City's group health insurance policy at the Employer's expense as provided for in Ordinance No. B. Employer shall also provide Employee severance pay in the amount of Yz of unused sick leave accrual up to a maximum of20 weeks pay. In the event of Employee's death while still employed, the surviving spouse, if any, or if no surviving spouse, minor child, if any, shall be entitled to such severance pay. C. Employer shall have the option to continue on the Employer's group life and dental insurance plans for up to a maximum of 18 months at Employee's expense in accordance with federal COBRA laws. 18. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions of this Agreement. 19. IMDEMNIFICATION. Employer shall defend and indemnify Employee pursuant to MN Stat. S 466.07 and S 465.76. In addition, Employer shall defend, hold harmless, and indemnify Employee from all torts, civil damages, penalties, and fines; violations of statutes, laws, rules and ordinance, provided the Employee was acting in the performance of the duties of the position. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its .ayor and City Clerk, and Employee has signed this Agreement the day and year first written above. For the City of Stillwater: For the Employee: Mayor Nile L. Kriesel City Clerk . }. . . NOV. 21. 2000 2 :46PM 3M DENTAL PRODS 260 2B 09 NO. 3041 P. 1 November 21, 2000 City of Stillwater 216 North Fourth Street StiUwa~,~ 55082 Attention: Steve RusseU, Planning Director. .,atdJq: Trail PIaD Dear Mr. Ruaaell, 1 was a bit shocked to see that the public meeting on the Trail Plan is being held durini a Holiday week, and to see it was not even listed in the Council agenda publiehed in the Gazette Monday evening. Since many of those with concerns will be out of town for the holidays, I am faxing you our concerns and requesting that they be copied for and shared with the Council and other Commissions. I believe the Trail Plan still ebowa a trail goq through my front yard. 1 do not see the trail going through all the other front yards on the other properties on Long Lake. We are strictly opposed to this portion of the plan, as it is obviously discriminatory. I recall at earlier meetings how concemed Commission people were that no trails went through their yards on Lily Lake. I believe the Plan also depict. disturbin& the DNR W"tldUfe Preserve with trails. When the lancl was donated to DNR. no such future usage beyond its current usage wae allowed. We are opposed to this unwarranted disturbance of the DNR Wildlife Preserve. The plan is unclear as to the future of the -WalkinS- path on the West side of Long Lake. Since there are deed restrictions (to be used for a -Walking Path" only) on the land donated for that pathway, the City Ofiicials should honor that donation agreement, and the Plan should clearly restrict that path from bikes, skateboards, etc., except for strollers and handicap conveyances. Respectfully, .. 1'\J J ' Don McKenzie f.y,V 12620 72M Street North Stillwater, MN 55082-9322 cc: Mayor Jay Kimble City Council Planning Commission Parks Commission . . . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director ~ Public Hearing on Comprehensive Trail Plan November 15, 2000 Purpose: Present Comprehensive Trail Plan prepared by the City Community Development Department with assistance from Parks Board and Planning Commission for City Council adoption. Both City Board's recommend Council adoption. Plan Overview. The Comprehensive Trail Plan provides the City with a trails policy statement and proposed trail map showing where existing and proposed future trails should be located. Trails are defined as sidewalks, separate paved or unpaved treadways and may serve communication, recreation or education/interpretation purposes. Some trails may serve more than one purpose. All City trails are multi use trails, open to non-motorized uses unless otherwise stated or regulated. Prohibition of an non-motorized user group from City of Stillwater trails should be based on a consideration of amount of use, actual user conflicts, trail design and surface type, sight distance and enforcement and management of separate trail restrictions. The cost of construction, management and enforcement of separate trails should be seriously considered before restricting any trail use on of the trail system (see attached article). The plan establishes the following goals to establish trail plan policies: · Develop a continuous comprehensive "Walkable Community" system, including both on and off-street routes that make bicycle and pedestrian travel a continuous ease of movement. · Develop a system that traverses the community both east - west and north - south, and link the local trail system to existing and proposed regional trails. · Concentrate on providing safe pedestrian/bicycle access to downtown's historical district and the Saint Croix River. · Provide pedestrian access to both active and passive recreational facilities, as well as access to Stillwater's natural areas. · Ensure accessibility of transportation facilities in accordance with the spirit and requirements of the Americans with Disabilities Act. Various types of trails were examined. Some of the on-street bike paths would have to be retrofitted to existing streets. This could result in elimination of parking on one or both sides of streets and realignment of travel lanes. Separate trails are the preferred alternative for newly developed areas. Separate trails are typically paved and multi-use. The recently developed Long Lake Villas, Legends Mayor and City Council Page 2 November 15, 2000 . and Liberty areas contain separate paved trails. These are all multi-use trails meaning pedestrians and other non-motorized users are allowed on the trails. Areas of special environmental sensitivity may be designated for limited pedestrian use. A good example of this is the Browns Creek natural area. Browns Creek, a sensitive trout habitat, is located in this area. A DNR Greenway Grant was used to purchase the land. A natural resource management plan has been prepared to restore and manage the natural area. Mowed pathways fit in with the natural setting and sensitive environmental resources. It has been advocated by some property owners and residents who live next to or use certain facilities that they should be limited because of public safety or impact on property values. This contention has not been established in practice. Specifically, the trail plan calls for the Long Lake Trail between 62nd Street North and 72nd Street North to be a paved multi-use trail. The Mulberry Ravine Trail shown in the Comprehensive Trail Plan could be an aggregate base or asphalt trail. If an aggregate trail is used, maintenance would increase and the trail would be susceptible to erosion and unusual maintenance expense and use would be limited. Because of the street crossing, it could be difficult to use the trail for other then pedestrian use. There does not appear to be strong neighborhood support for Mulberry Street Trail. However, the trail has been recognized and proposed in the existing Comprehensive Plan and the . proposed Trail Plan and provides a quality connection between McKusick Lake to the Downtown area. Again, both the bodies charged with overall trail plan policy support a Mulberry Street Trail. Other trails and sidewalks recommended by the Parks Board and Planning Commission as high priority trails improvement include Curve Crest Blvd., Holcombe between West Pine and West Hancock by the Junior High and CR 5 east of Pine to Brick Streets. These areas have been considered previously for trail facilities but not improved for in part [mancial reasons. These trail locations are high priority improvements for the neighborhood and overall community. Other areas of improvement that may need additional detail study is McKusick Lake Trail (south side) and Long Lake Trails (east side). Specific studies should be done to review the natural resources and trail locations. Another key segment to the expansion area north-south trail systems is located south of Boutwell. With this link, the trail system from Browns Creek Park and trail system to Long Lake Villas would be complete. The Comprehensive Trail Plan provides a City-wide view and policy direction for future trail improvement through development review and the City CIP. Recommendation: Consideration of Comprehensive Trail Plan and recommendation of approval from Parks Board and Planning Commission. Attachments: Comprehensive Trail Plan . Maintaining 21st Cent Trails Page 1 of2 . Resources and Library ~Z1':=~::.:J.".~.....~:".;~H!r~~"'~"lF~..;~AiSP~iJ.';~":I~>'..'"';l:<~ back to main resources directory --TRAIL MAINTENANCE and MANAGEMENT-- Separate Trails Divide; Shared Trails Build Community "'. By Jim Hasenauer, International Mountain Bicycling Assoc. We've been hearing a lot about separate mountain bike trails lately. The idea seems to appeal to a number of people becau~e it purports to eliminate user conflict with other trail goers. Bicyclists confronted with the choice between separate trails or total closure have sometimes accepted a separate trail solution. I think mountain bicyclists should think carefully before endorsing this idea. It perpetuates. the myth that bicycling is incompatible with other users; it threatens access to existing multiple use trail systems and often, it unnecessarily leads to the overtrailing of an ecosystem best left wild. . . Sometimes, the pressure for separate trails comes from other users who don't want bicyclists on "their trails." They may be hikers who feel that their sweat equity has given them ownership or motorcyclists whose green sticker money has actually paid for trail opportunities. Hoarding the thousands of miles of existing trails, some have told bicyclists to go build their own. This country club mentality has no place on the public lands and while bicyclists are willing to build and maintain trails, it makes sense for us to do it with and for the benefit of all trail users. . Some land managers think separate trails will eliminate user conflict. It's commonplace in recreational land management to separate incompatible uses. TIris philosophy need not apply. Responsible bicycle use is compatible in most cases. When users know that a trail is multiple use, they expect to encounter others. When users follow trail protocol, they can safely negotiate trail encounters. Besides being unnecessary, monitoring and enforcing separate trails is a management nightmare. Even if bicyclists and other users had separate but equal mileage (something I've never seen proposed), they'd covet their neighbor's trails. Everyone would still want to see what the other. users were enjoying. Trail users like to explore. Twenty miles of multiple use trail is worth more than two separate ten mile sections. From day one, IMBA has been an advocate of multiple use trails. This position is based on the following beliefs: 1. Multiple use trails can best accommodate the needs of the most users. A generally open backcountry disperses users across an entire trail system. Single use or restricted use trails tend to concentrate users, increasing enviromnental and social impacts. 2. Multiple use trails help build a trail community by increasing the need for all users to cooperate to preserve and protect a common resource. Encountering other users on a trail offers the opportunity to meet and talk. Separate trails breed ill will, territoriality and rivalries. . 3. Multiple use trails are most cost effective for land managers. They require fewer signs and less staff. Monitoring and enforcement is simplified. http://www.outdoorlink.comlamtrails/resourceslManageMaintainIMgmtSharedTrUnite.html 10/5/00 Maintaining 21st Cent Trails Page 2 of2 4. Multiple use trails enable responsible, experienced users to educate outlaws and novices. Because they share the same trail system, the opportunity for peer regulation is enhanced. IMBA is aware that local conditions vary and that sometimes separ~te trails are a legitimate compromise. solution to a management problem. There are a couple of cases where separate trails make good sense. Large trail systems with very crowded trailheads could have separate feeders. A designated mountain hike areacbuld allow experts to race train without tp.e inconvenience of other users. Some very technical, trials-type sections might be set aside for mountain bikers to hone their skills. Similarly, trails designated for mountain bike beginners might allow for individuals to develop their trail riding abilities before joining other users on the multiple use trail systems. It's hard to think of many other situations where separate trails offer any advantages. . . http://www.outdoorlink.comlamtrailslresourceslManageMaintainlMgmtSharedTrUnite.html 10/5/00 . . Comprehensive Trail Plan for City of Stillwater Community Development Department . Winter 2000 Table of Contents . Executive Summary . . 1 Introduction ~ Overview and Planning Process . .2 Existing Conditions - The Need for a Plan .3 Overall Goals and Standards .4 Trail Design Goals .5 Specific Location Goals . .5 The Comprehensive Trail Plan .6 Definitions . .7 Trail Design Objectives. .7 Trail Design Considerations .8 Trail Surfaces 10 . Trail Maintenance 12 Trail Signs and Markers . 13 Trail Plan Implementation 15 References ............................................................ 16 . EXECUTIVE SUMMARY The goal for the City of Stillwater is to develop and maintain a city-wide interconnected network oftrails to provide valuable recreational and transportation opportunities for City residents and visitors. Trails function as transportation links between schools, residential areas, parks, places of employment, shopping areas, historic district, natural areas and other point of interest. Trails also provide hikers, walkers, joggers, bicyclists and people with disabilities opportunities to improve health and fitness, spend time with family and friends, enjoy nature and escape the stress of daily life. The current trail system has unfinished trails ortrails that don't interconnect, are not available to primary destinations such as elementary schools or parks, do not meet modem design standards, need a routine maintenance program and consistent signage. The Comprehensive Trail Plan and map address these issues and provide an overall context for trail planning. The emphasis is on multi-use trails with cooperation by all users. Map 1 on the following page is the Comprehensive Trail Plan map. The map indicates where existing trails are located and where future trails should be placed. Comprehensive Trail Plan Policies are described on page 4. Other sections of the plan provide specifics for the trail signage location, type, construction, and maintenance. A final section suggests methods and opportunities for plan implementation. 1 MAPt I I b ~ ~ rn ::l t'l ... E-4 ] t'l '" -c t'l p.. ...>:i <;l u ~ b.O B t'l OJ ] Z ~ ~ '"' c(:$ U t'l ~ p.. c::: p.. ""Cl 0 ""Cl ""Cl t'l .~ OJ OJ OJ t'l '" '" ~ OJ 0 0 '"' 0... u 0... OJ 0 0 '"' ~ '"' '"' b p.. p.. j ~ '" c::: '"' OJ ... .F OJ ~ '"' u d ~ [j 0 z ~ :i"v:\ . 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"",,- ~ ~ Y' ,J, i It- I "'1 ~~_: i '~-~~~~V. ~,J~ i, ~\;" '" "'i."i,l,,', f--l e :\ iJ · = "d ~. 1({\'J'A:t ~ ~~f"q--:IIi.Jrir \1 i<~ V -\17 '=:J , ~: ii" .-l!} .{~, J I~"~!~-, !,~.~,~,)'~,.frJ:;,~ ~~~:'~~,'~,',I:' I i I "Cl I..... rl 'W,)', I . , -n'~ ~L~~GL, ~ '-B~::.:.:. ~," 11 .~ '! ~,\ '1._''-'''~~;m'~''~",'' '- l~',~~~,,~-\,,~, 'li, . I'~' ' = j c--___,. ' . I 1/. ,--:j 'F ~u... ~~i!~ '~ ~ ,. I llo.. ! ..... -c-. :T~,.". ~ ~ / 1-,;:::.::u.__:V1,~;~~.., -,,~,. ~ " r ! <:l ' , , .., !! ~" ,~ - . ~ ~ ~ "t:l .... en .~o - u c:'o ""'~ . . i. 0- m ~ ::;: . . . EXECUTIVE SUMMARY The goal for the City of Stillwater is to develop and maintain a city-wide interconnected network of trails to provide valuable recreational and transportation opportunities for City residents and visitors. Trails function as transportation links between schools, residential areas, parks, places of employment, shopping areas, historic district, natural areas and other point of interest. Trails also provide hikers, walkers, joggers, bicyclists and people with disabilities opportunities to improve health and fitness, spend time with family and friends, enjoy nature and escape the stress of daily life. The current trail system has unfinished trails or trails that don't interconnect, are not available to primary destinations such as elementary schools or parks, do not meet modem design standards, need a routine maintenance program and consistent signage. The Comprehensive Trail Plan and map address these issues and provide an overall context for trail planning. The emphasis is on multi-use trails with cooperation by all users. Map 1 on the following page is the Comprehensive Trail Plan map. The map indicates where existing trails are located and where future trails should be placed. Comprehensive Trail Plan Policies are described on page 4. Other sections of the plan provide specifics for the trail signage location, type, construction, and maintenance. A final section suggests methods and opportunities for plan implementation. 1 INTRODUCTION - OVERVIEW AND PLANNING PROCESS . The Trail Plan for the City of Stillwater sets forth a Comprehensive Citywide Trail Policy and long-term program to guide future planning, design and implementation of a trail system for residents for recreational and non-automotive travel. Central to the plan is linking and interconnecting existing and future developing neighborhoods emphasizing the downtown and natural areas as focal points of community activity by providing better access. Additionally, in a broader context, the Plan proposes linking the community-oriented trail system with the existing and proposed Oak Park Heights, Washington County and State trail and Green Way systems. For clarity purposes, in this Plan the term trail is used to reflect numerous possible configurations of routes designed to accommodate pedestrians, bicyclists and other non-motorized users. Throughout this plan, the term 'pedestrian' can refer to walkers, hikers, joggers, and wheelchairs. Likewise, the term 'bicycle' can refer to all modes of people-powered transportation requiring a hard, usually paved, surface. This group can include, but is not limited to, bicyclists, rollerbladers, rollerskiers and skateboarders, etc. A trail may be an independent right-of-way or easement with a surface of various types, width of 8 to 12 feet, or an existing or proposed sidewalk or street designated by signage as a component of a bicycle or pedestrian route. The Comprehensive Trail Plan is consistent with existing and future residential development plans contained in the City's 1995 Comprehensive Plan. Through a process of surveying existing roadways and trails, identifying destinations, adopting planning guidelines, and proposing new trails, the Parks, Riverfront and Trails goals as outlined in Comprehensive Plan . can be accomplished. These include: · "Designate an extensive network of trails and pathway corridors." · "Preserve and provide visual access to quality landscapes through trail location." · "Provide alternative means to reach City parks, county parks, regional parks, state parks and other community destinations." · "Preserve and enhance public owned ravines." · "Maximize the City's recreation opportunities." Further, regional plans such as the Washington County Trail Program, the Brown's Creek Wetland District, the City of Oak Park Heights and state-funded trails such as the Gateway and Lake Links trails have been considered and anticipated in this Plan through trail location. The Trail Plan stems from the community's increasing desire to enjoy outdoor recreation opportunities and coincides with societal needs of reducing dependence upon the automobile for travel. Walking, hiking, and bicycling are recreational activities that can be enjoyed by persons of all ages and skill level, in either groups or as individuals. Based on a resident opinion survey there is significant and increasing community interest in improving the walkway/pathway system in and around Stillwater. Pathways add to the "quality of life" and "sense of community" ofan . 2 area and provide a place for neighbors to meet. Stillwater residents are not alone in having a desire for more walking and bicycling opportunities. Across the nation cities, town and villages are adopting trail plans and developing trail systems for their neighborhood and residents. . The Trail Plan was prepared by the Community Development Department with direction and assistance from the City Planning Commission and Parks Board. A series of public meetings were held to obtain public input in developing the plan. Trail background information was received from communities across the country. (Note references on page 16) EXISTING CONDITIONS/THE NEED FOR A PLAN The planning process began with a survey ofthe existing trailway network. This process involved data collection from multiple resources including field surveys, aerial photography survey, as well as data retrieval from recent sidewalk improvement programs. The data compilation resulted in the map of existing trails (Map 2). Pedestrians and bicyclists use existing roadways and trails, but consideration for pedestrian and bicycle mobility is inadequate in some instances because bicycles are not provided for in new or reconstructed roads. Study of the existing trails map began our analytical process. Fragmented trails were identified throughout the network. Although the existing City (old Stillwater) contains the largest amount of sidewalks, certain areas can benefit from the addition of new sidewalks. The north hill (~5.5 miles existing, ~6.0 miles without), in particular, could benefit in the same manner the south hill (~6.5 miles, ~3.0 miles without) did during their latest . street/sidewalk reconstruction proj ect. Another concern for sidewalks is the degree to which our existing sidewalks comply with the design standards ofthe Americans' with Disabilities Act (ADA). ADA design standards such as slope, cross-slope and curb ramp accessibility should be met in new projects. Many existing sidewalks do not meet these standards and should be modified or rebuilt over time as projects occur. Our next examination was sidewalk and trail ways to-and-from elementary and junior high schools within the school district required walking areas. Notice the walk area as the thin black circular line surrounding the schools on Map 1. Students living within one mile of the junior high and three-quarters of a mile ofthe elementary school are not bussed but are expected to walk to school. When overlaying the required walking area over the existing sidewalk/trails map, it is clear that much of the City falls within the walking area. Providing safe and comfortable walking routes to-and-from schools should be at the forefront of future development and improvement plans. Beyond the 'old Stillwater' trail network lies various City and County trails that provide the foundation for additional improvements. These existing "back bone" trails provide for necessary linkages between the downtown, the expansion area, greenways and destinations outside the City. . 3 . McKusick Lake, Long Lake and the St. Croix River are major recreational and visual attractions to Stillwater. Therefore, educational and recreational opportunities along our the lakes and river should be recognized and enhanced when possible. Circumnavitable trails around City lakes can serve as passive recreation as well as provide an interpretive educational experience. The heavily used trail along Lake McKusick provides a focus of activity for the immediate Oak Glen community. The plan expands and builds on this trail with a continuous pedestrian trails connecting the Downtown to the Brown's Creek Trail System. No designated on-road City bicycle routes are located within the City. The County signs some of their roads for bicycles. Stillwater contains large tracks of right-of-way and easement greenway corridors with little designated public access. Communities could enjoy an enhanced natural experience with designated access and trail ways through our greenway corridors. The Croixwood area is a good example of this. The Legends and Liberty developments are the first areas in a multi-phase annexation and development programs within the City expansion area. As development occurs, developers are required to provide trails as shown on the Comprehensive Trail Plan. Trails have been provided according to the comprehensive plan in this area successfully. . As development occurs and Stillwater remains a focus for urban activity, the safety of our roads for pedestrians and bicyclists is a growing concern. General traffic volumes are increasing. The days of going for a leisurely county walk or jog along pastoral Boutwell Road are dwindling with ever increasing traffic. Lack of space for trials is threatening safe recreation along Stillwater's roadways. Meeting trail users needs is a City-wide objective. This policy is a major part of increasing the awareness and walkers and bicyclists as a legitimate transportation mode. Design standards which safely accommodate users should be applied to new street and roadway projects. A cost effective way to increase use levels is to make trail conditions safer for commuters. OVERALL GOALS AND STANDARDS The following goals and standards are established based on existing conditions, Board input and the existing Comprehensive Plan. They are as follows: . Develop a continuous comprehensive "wa1kab1e community" system, including both on and off-street routes, that makes bicycle and pedestrian travel a fun, safe and enjoyable continuous ease of movement throughout Stillwater Develop a comprehensive trail system that traverses the community both east - west and north - south and link the local trail system to existing and proposed regional trails. Increase levels of bicycling for commuting and utilitarian trips as a cost-effective and efficient alternative in the transportation system. Establish and maintain appropriate and safe standards and guidelines for bicycle facilities, . programs, and projects. . . . . 4 MAP 2 '" ~z+ rI) ~ ~ l.'l .. - 0.. '"" .... ..... ::?J ~ l.'l 4.) "" B '" E-4 b/) ... 0 ] l.'l 0 ~ ,eo ..!4 Z ; 'S '" ... ... ~ .., a .... l.'l l.'l "'0 U 0.. 0.. c: U'i '" "'0 .~ :>. << "'0 0 '" ~ bJl .., l.'l "<:1 b/) ~ .l:l '0 '" .., as .il '" ~ ... c: 0 ~ ... c 8 0 0.. ... '" ~ .e-- .., ..!4 - . ... ..c: 0 0 '>1 ~ ... 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". .,~ '. .~ ", . ,..oo-..~ ~ --=-- . . . . . . . . . . · Concentrate providing safe pedestrian/bicycle access to downtown's historical district and facilities along the Saint Croix River. · Expand and link the trail system between neighborhoods and to major activity and work centers in addition to local destinations throughout the City routing pedestrians and bicyclists off major roadways wherever possible. · Where adequate, uninterrupted right-of-way is available, separate bicycle paths can be used to provide long, continuous routes for commuting or recreation trips, access to destinations not otherwise available to trail users, and as cut-throughs between buildings and other breaks in the street network. · Provide pedestrian access to both active and passive recreational facilities, as well as access to Stillwater's natural areas. · Ensure the construction of trails in new development to provide for trail linkages consistent with the adopted Comprehensive Trail Plan. · The City should continue to complete and enhance the initially identified essential sidewalk links in those neighborhoods lacking sidewalks. · Ensure accessibility of transportation facilities in accordance with the spirit and requirements ofthe Americans with Disabilities Act. TRAIL DESIGN GOALS Emphasis should be on maintaining existing sidewalks and adding new facilities in residential areas where demand dictates. Provide adequate road width on Stillwater streets to accommodate bicycle lanes where separate bicycle lanes are not feasible. Retrofit existing roadways to accommodate bicycles. Work with the width of existing City roads to create designated bicycle lanes. Encourage regional and state agencies to promote enhanced design standards for regional trails passing through the City. Coordinate local improvements with those of outside agencies to accelerate timing of trails through the City. Promote compatibility on multi-use trail using proper etiquette guidelines. Adhere to Americans with Disabilities Act Guidelines. SPECIFIC LOCATION GOALS · Examine existing City bicycle lane signage. · Examine potential trail sites noting their historical and natural setting such as the Minnesota Zephyr right of way, City ravines, greenways and their ability to connect downtown and the new expansion area. · Integrate McKusick Ravine into the trail system as a natural extension of the McKusick Lake Trail into the downtown. · Establish trail within right of way to circumnavigate Lake McKusick and Long Lake. · Establish dock-like or appropriate trail across Brown's Creek wetland to compliment the Brown's Creek trail system behind the Creekside Crossing development. 5 00 , , I ~ 0 d ~ 0 .~ ~ U -c 0 "- co > ~ Q) - :J 0 U CD ......, t+= en Q) "- .~ 0 u Q) Q.) 2: :J ~ 0 r:n . . . Q) c .- > co rn ~ , , f ~ ~ U .- en 0 :J ~ d u ~ 0 ~ ......, - .- co 0 ~ I- .~ ~ . ~ u .- ~ en :J U ~ u 0 ~ ~ ~ 0 c 0 U .- en c ~ Q) ......, x .~ Q) u - co Q.) ~ :J ......, ~ co z rfJ. . rfJ , .1 ~ 0 d ~ 0 .~ ~ u 0 ~ - .- co s.... U r- Q} ~ :J C Q} .~ > u <( - Q) co Q} ~ z rJ1 . . . . rfJ , . ~ ~ o d = o .~ ~ ~ u o ~ u ~ .~ u (l) ~ rJ1 Q) . -0<0 ._ 0') >I ef- 0.-0 o c ....... CO ~L{) cO') :JI Of- o - cL{) o~ .......0:: g>o .- ..cO> CJ) c CO 0 srn -0 CJ) c= CO CO f-o. o~ o u c ~ u ~:c Q) CJ) O>:J COO L.. :J :J C o .- u....... c c w 8 . . Encourage MnDOT to provide continuous bicycle paths along the Frontage Road from CR 15 to TH 95 and along 95 from Oak Park Heights to TH 95 through downtown. . · Encourage the development of a separate path or bike route along Neal Avenue. . · Encourage the development of a separate path or bike route along Boutwell Road. · Enhance and expand sidewalks in the north hill area. . Encourage the development of a trail to circumnavigate Stillwater Golf Course on north side. · Encourage the development of a sidewa1k1bikeway along Eagle Ridge Trail. · Develop a sidewalk and bike lane/route along Curve Crest Boulevard. · Encourage the development of adequate sidewalks from communities to schools. · Connect riverfront trail between Lowell Park and Aiple Property Park. THE COMPREHENSIVE TRAIL PLAN A comprehensive pedestrian transportation system is vital for maintaining, appreciating and enhancing Stillwater's local character as well as its economic base. A number of traffic studies have effected the Stillwater area over the years. Stillwater, along with MnDOT, The Met Council, Oak Park Heights and Washington County have all conducted detailed traffic analyses and forecasts projecting accelerated traffic volumes on our roads for years to come. These factors make an effective pedestrian transportation system an essential alternative to auto transportation in the years to come. To enhance the overall system, trail users can function as an essential component of the Stillwater Transportation Plan. As such, trails must be considered in the planning process for all land use related decisions and in all transportation related projects. The 2000 Comprehensive Trail Plan Map is presented as a complete network enhancing . pedestrian and bicycle mobility throughout Stillwater. The intent ofthe trail system is to serve both a utilitarian transportation function and a recreational function. A user study conducted by the City found that the recreation uses of trails are greatly valued by Stillwater residents (1995 Comprehensive Plan). Other nation-wide studies indicate increasing interest for the utilization of trails as an alternative transportation mode to the automobile. The major difference between the two uses is that the primary objective ofthe utilitarian trip is to arrive at a specific destination as quickly as possible with few interruptions, while recreational trips are generally more leisurely and less direct. To provide for a trail system to accomplish both the utilitarian and recreation functions trail alignments were assessed in relation to not only the natural features and social/cultural features of the community but also the areas of opportunities for employment, shopping and services. Natural systems are those environmental features that offer attractiveness and interest to a trail system. They also pose challenges to trail engineering in mitigating soils adverse to development while meandering through woodland areas and around wetland and floodplain features. Trails in conjunction with natural systems will generally be developed for recreational purposes. Social and cultural systems represent the built environment of a community. The land uses associated with these systems include residential neighborhoods, historical districts, shopping and other commercial areas such as office parks, and public and quasi-public places such as the Public Works Facility, City Hall, library, police/fire stations and other similar uses. . 6 . . . The Plan proposes to link these social and cultural features to the City's neighborhoods and to the regional trail system as well. Major land use patterns and points of interest such as schools and parks within the planning area are indicated on the Comprehensive Trail Plan Map (Map 1). The Trail Plan provides access to employment, shopping, retail/service, commercial, recreational, educational, and governmental destinations. In developing trail systems, existing land use patterns along with future uses have been considered. The Plan has been developed to provide trail direction for the twenty-first century. DEFINITIONS Trail. A place for pedestrian and/or bicyclists to move between two destinations. Trials may be sidewalks, separate paved or unpaved surfaces, marked portions of a roadway. Trails may be of several types: urban (sidewalks), recreational, natural/interpretive or barrier free. Urban Trail. To provide both transportation and recreational links between residential areas and schools, businesses, parks, neighborhoods and other areas of significant community activities. Recreational. To provide primarily recreational links between residential areas or to recreational sites. Natural. To provide interpretation or educational opportunities along a common theme. This can take the form of signage, brochures. Bicycles and motorized vehicles are prohibited. Multi-Use Trail. A trail which is collectively shared by a range of users including but not limited to walkers, bicyclists, hikers, joggers and wheelchairs. Trailhead. The beginning or ending access point to a trail often accompanied by various trail support facilities such as parking, bike racks, benches, drinking fountains, restrooms, entrance gates and information signs. TRAIL DESIGN OBJECTIVES The City's objective is to design, construct and maintain trails that: . Provide safe, non-motorized transportation links and/or close-to-home recreation opportunities. Provide legal access to destination points and other areas of interest. Blend with the surrounding environment. Minimize impact on natural environment. Minimize impact on adjacent landowners. Require minimum level of maintenance. . . . . . 7 TRAIL DESIGN CONSIDERATIONS 1. Human Factors. Trails must be planned and constructed with the needs of the trail user in . mind. Trail users tend to desire routes that access and connect areas of significant community activity such as schools, businesses, shopping areas, and parks, as well as other areas of interest such as viewpoints, water sources, natural areas, desert preserves, scenic and vista corridors, and interesting geologic features. Visual qualities are important to trail users, therefore, trails should be designed to blend with the surrounding environment. Views from the trail to the surrounding environment should also be considered. Trail users enjoy changes in scenery, thus increasing the demand for loop trails and trail networks that allow the user Return to the starting point without traveling the same trail twice. Loop trails also provide the comfort of knowing that the trail will bring them back to the starting point, thus reducing the chance of becoming lost. Trail users tend to favor the easiest, most obvious route. If the designated trail is not the easiest, most obvious route, trail users will begin to create new, unauthorized trails. 2. Coinciding Easements. Trails are frequently located within common tracts and easements dedicated for other purposes such as drainage, flood control, public utility, natural area open space, and scenic and vista corridors. In situations where these common tracts and easements are wider than that needed for a trail easement, it may be advantageous to dedicate the same area of these coinciding common tracts and easements for the purposes of public trail use. . This will increase the flexibility to properly layout, design, and construct public trails, and will allow the trail to be positioned away from undesirable areas such as low-flow wash channels, areas extreme topography, dense vegetation, critical animal habitats, and adjacent . properties. This will also allow future realignment of the trail, should such a realignment become necessary. In cases where a separate trail easement is delineated within other easements or common tracts, it is extremely important to the alignment of the trail easement be reviewed on the ground to assure suitability. 3. Adjacent Landowner Privacy. The privacy oflandowners adjacent to trails and trail access facilities is an important design concern. Privacy can be maintained or improved by modifying the trail alignment, planting landscape buffers, installing walls, allowing grade separations, or using a combination of these methods. 4. Trail Viewshed. The line of sight from a trail to the surrounding landscape, and from the surrounding landscape to a trail are important design considerations. Views from the trail to the surrounding landscape improve the quality of the trail users' experience, therefore, trails should be designed to provide users varying views the surrounding area. Obscuring views of the trail from the surrounding landscape is important to adjacent landowners who may not want toview of the trail from their property. . 8 . . . 5. Native Plants. The design, construction, and maintenance of trails within the City of Stillwater shall take into account the natural communities. Trails shall be aligned to avoid disturbance of, and have a minimum effect on the following plant species: whitethom acacia, catclaw acacia, crucifixion thorn, hackberry, blue palo verde, foothill palo verde, desert willow, juniper, ironwood, cottonwood, mesquite, scrub oak, sugar sumac, arizona rosewood, saguaro, barrel cacti, ocotillo', and soaptree yucca. 6. Sensitive Wildlife Habitat. Trail design and construction within natural park areas should be evaluated in terms of the effect that the trail will have on sensitive wildlife habitats. The best means of preventing negative impacts on wildlife is to simply avoid sensitive areas. Seasonal trail closures may be necessary in some situations. 7. Archaeological and Cultural Resources. Trail design and construction should be evaluated in terms of the effect the trail will have on archaeological and cultural resources. Potential options to prevent and mitigate damage to these resources include: · Altering the trail alignment to avoid archaeological and cultural resources. · Protecting the resources by utilizing methods to obscure them from view. · Mitigating the cultural resource which involves removal and thorough documentation of the items by a professional archaeologist. The documentation of the resource may then be interpreted as part of the trail opportunity. 8. Design for Shared-Use. Trails within the City of Stillwater are open to all non-motorized uses unless otherwise stated. Decisions to prohibit any non-motorized use from trails must be based on coordinated planning efforts involving appropriate user groups, Parks Board and City staff. Characteristics that should be considered as part of this process include, but are not limited to, longitudinal and cross slopes, surface materials, line of sight, amount of use, sensitivity of surrounding environment, soil types, and native plant and animal habitats. The following means of preventing potential user conflicts are based on methods identified in "Conflict on Multiple Use Trails" (Moore, 1994), and should be considered when planning, designing, constructing, and maintaining shared-use trails: Separate user types at trailheads and along the first, most crowded, stretches of trail. Provide adequate sight distances. Build trails wide enough to accommodate expected levels and types of use. Build and maintain trails wide enough for safe passing and/or provide periodic turnouts Design trails to control speeds where necessary by varying the trail surface and avoiding long, straight downhill stretches. Provide adequate trailhead facilities for all user types. 9 en CD CD :c -a c: - en CD CD .c :I: c o .- +oJ CO 0.. Q) ::3 ~ o () - ~ Q) CO ~ 0') (t: s.... Q) Q) CO ~ en 0') en --- :J <( ~ en I I Q) ....... +oJ +oJ . > ~ ::3 ::3 c CD~~:J c CD I CO . ~ ....... C:.= co .- (..)..c ....... en co ===c. ~ E I- 0 CD (..) ~ en CD Q) :J....... 0.. I 0 e :;::;Ea... ::J 0 ~c.l ~ rn o ~ ~] ~~ ~,~ . Q) 0') co en C +oJ .0') E en .- en C 0') en 0') C .- C ~ co S -c Q) Q) 0- W I . C) Z ~ Q. I-(f) z...J we( 0.:::- wffi ~!:( o=:: w Z o I- (f) CIJ ~ ~ o C) .- o.:::zCIJ 0:::-(1) e(~~ zo.....J .. > -- "'>0 ~- '1: e:: ~ 0 .. III ... e:: e:: 0 E~. "It'e:: .0 C'I U ....... (f) w w 0.::: CIJ I-c: LLC'l o .w ~(I) ~~ t . E .~ C! ~I w z - ...J CIJ oS, w.- I- CIJ Z<D -c: <( ~ Q....J ~ .~ .!: "'~r-'\ -...-~E ~I ~ .~~ ~E "'d" .~ c;!1 I E (Ii') . ~ - E ('i') . l,() . - ~E ............... ('i') . --~ E ('i') . l,() . - .4- ??TN 7lrr )/7 77;r? / /it/ . c 0 .- ,.., (.) CD ,(/) ~ a> 00 ~ co ~ 3: L- a> ~ ::l +-' 0 CO a> ..c: L- ~ L- a> ~ "'C CO a> 0 3: Q. E L- CJ) 0 L- .~ 0 - a> +-' "'C ~ r:::: CO ~ CO CO 3: cd E a> LO r:::: CJ) N ::l ~ E a> "'C ..c: ~ r:::: +-' ..c co ~ '3: CJ) >. +-' ..c: > .~ 0 +-' co (3 co a> >. Q. ..c: u >. >. LO 00 C CJ) co co N Q) ~ 3: (]) .2 ....., I . . ...... co 0 0 a> (.) ....., ~ ~ CJ) ~ CD en ::l fJ) L- L- ~ 0 ~ ~ c I- co as :c 0 N a> ~ -e ~ ~ I en ::) ~ . TRAIL SURFACES Trail surface selection depends on many considerations, use, location, difficulties to construct, and environmental effects. Typical pavement design for off-road multi-use trails should be based upon the specific loading and soil conditions for each project. Trails designed to serve bicycle transportation purposes should be composed of a hard surface such as asphalt or concrete. One important concern for asphalt multi-use trails is the deterioration of trail edges. Installation of a geotextile fabric beneath a layer of aggregate base can help maintain the edge of a trail. Some of the common trail surfaces with advantages and disadvantages are listed below. . 1. Mowed Grass Advantages 0; Natural Material · Low Maintenance · Can be altered for further improvements · Easiest for volunteers to build and maintain · Retains snow cover on ski trails · Cost: mow monthly minimum Disadvantages · Ifvegetative cover is lost, may rut/erode when wet · Not an 'all-weather' surface · Can be uneven and bumpy · Not ADA accessible . 2. Wood Chip Advantages · A soft, spongy surface · Good for walking and jogging · Reduces soil compaction · Natural Material · Inexpensive ($5 per 1 x 8 ') Disadvantages · Decomposes under heat/moisture · Erodes heavily on slopes greater than 10% · Requires yearly replenishment · Not typically accessible 3. Gravel Aggregate Advantages · Soft but firm surface · Natural material · Accommodates multiple-use · Moderate cost ($8 per 1 x 8') . 10 . Disadvantages · Surface can rut/erode with heavy rain on slopes · Regular maintenance required to keep consistent surface · Replenishing stones may be a long-term expense 4. Soil Cement Advantages · Looks natural · More durable than native soil · Smoother surface · Can be ADA accessible · Inexpensive ($5 per 1 x 8') Disadvantages · Surface may wear unevenly · Freeze/thaw may have effects · May erode if not installed properly · Can be difficult to achieve correct mix . 5. Asphalt Advantages · Hard surface supports all types of use · No trail erosion · Low maintenance · ADA accessible Disadvantages · High installation cost ($15 per 1 x 8') · Costly to repair · Not natural surface · Freeze/thaw can crack surface · Heavy construction vehicles need access 6. Concrete Advantages · Hardest surface · Supports multiple use · Lowest maintenance · Resists freeze/thaw · No trail erosion · ADA accessible Disadvantages · High installation cost ($40 per 1 x 8 ') · Costly to repair · Not natural looking surface · Heavy construction vehicles need access . 11 r:n r:n cd ~ d ~ (j) ~ o ~ I (j) u ~ ~ ~ rJ1 1 t · ,...-t cd ~ ~ >. CO E +-' en o en C/) Q) C> CO +-' C CO > "'C CO C/) o s.... s.... Q) Q) > .c o +-' o CO Q) +-' Q) > ~ ~ :;:; CO C CO +-' Q) Q)..c: C ~ $ ~ > +-' 0 ~2z Q) >. o a. ~ ~ ::J ..c en -0 C CO C Q) Q) > ..c Q) en C en ::J Q) Q) 0 ..c 0 CO C +-' CO 0 OZ -0 en Q) Q) +-' s.... C g 2 Q) co coQ)E co 55 Q)~~ ~ "E..c"5e +-' $ C~a. co oCO cos....E z -.J ~ 0 ~ ._ o +-' s.... en ~ s.... -0. Q) C +-' Q) c.- (/)+-'coco .Q) C -0 "E (/) ::J ~ . co co 0 ::J E W>..c en .- ~ $::: o~ C en en C en 0 .~ s.... co Q) +-'Q) > o 0::0 $ ~ >. ~ .i-,i:5E en C .- o o.~ oEE co .C Q) +-' co C/) ~ Q) C> co +-' C co > "'C <( . . 00 .~ ~ u ~ o o ~ .. 0) u ~ ~ ~ rfl ~ .~ ~ ~ ~ ::J ..... ..... c: .~ Q) ~ ~ ~ en co .c Q) Q) Q) ..c: - .- s- 0..:C Q) ~ en -0 ..... m c: c: () ::J co () en en 1ii co Q) ~ 5 >. ~o () co ...... 0.. Q) () c E s- .0.. o .- co () ::J ~ > Q) 0"..... -go~~ en .- o . en Q) C> co ...... c co > -0 <( g> c: ._ 0 O>+:; (]) 0> () () 0 co ~ .-- 0.. s- 0> E ~ .~ 8 co ~ .- >. ro - s- O> ::> .0 2 c: ::> en co & 0 en ~ en 'I- (]) - _-0 Q co ..... _ s- \I- 0 -0 ::J o 0 Q) ..... cnC)o::~ I co >< T""" s- Q) 0.. LO yt ........... Q) > .- en c: Q) 0.. >< Q) c: . ~ I ~ ~ ~ r.n < I (]) u ~ ~ r:/l I .~ ~ ~ ~ en Q) C> co ~ c co > "'0 co en .- D L- a> Q. L!) T""" f:J7 '-'" ..... en o () e: o :.;::; ca ca ..... en e: .- a> () .= ~ ca ::s Q. en a> L- ca o L- ..... ::s ..... >. ca ;; e: en ..... o 0 oz a> () ~ ::s en ~ () ca L- () e: ca () 3: ca ..c: ~ a> N a> ~ u.. en a> () .- ..c: a> > e: o :.;::; () ::s L- ..... en en en e: a> o () () () >.ca >-0 ca a> a> a> Ie: . ..c:~ 0> CO .- X IT""" . a> en ::s ~ o a> Q. ~ en L- a> en ::s en Q) C> co ~ c co > "'0 <( ..... en o E ca e: en >. cb .0 2 en () en ca ::s ~ e-oo L- a> 0 a> ::s E e: en .~E ~ -0 - 0- L-..... ::s ca 0 8 E I Z <t:.w I I I . a> () e: a> ca :-'l e: en 2 en e: a> .- () E ~. ~ ~ .....I<t: . . . TRAIL MAINTENANCE A trail maintenance program for the following conditions should be developed for all City trails. Slough and Berm Removal. Slough (pronounced "sluff') is material that has moved downhill from the backslope and been deposited along the uphill edge of the tread. This process causes trail users to travel along the outside edge of the trail. The tread eventually narrows and moves downhill from its original location resulting in an unsafe situation. The slough must be removed to re-establish the proper backslope. The excess material may be used to fill holes in the trail tread and re-establish the outslope, or to build up the downhill side of water bars. Berm is soil that has built up on the downhill edge of the trail tread. Berm prevents water from flowing off the side of the trail and allows water to channel down the trail causing erosion. A berm may also cause nuisance water to pool on the trail surface resulting in soil saturation. Saturated soil is damaged easily and forces trail users to detour around the area causing the trail to widen. Berms should never be constructed intentionally, and should be eliminated whenever present. Vegetation Clearance Maintenance. All plants encroaching on the vegetation clearance limits for the particular trail classification must be cut back. Branches should be cut close to the main stem without cutting into the branch collar. Plants being removed must be cut flush with the ground and stumps must be removed to prevent safety hazards. All plants growing within the trail tread must be grubbed-out. Trails within landscaped areas may be sprayed with herbicide. All removed plant material must be scattered in a location not visible from the trail. Tread Maintenance. In addition to slough and berm removal, the remaining trail tread should be restored to its original design condition. All loose rocks, rock points, stumps, and roots protruding from the trail surface should be removed. All holes should be filled to create a smooth, obstacle-free trail tread. Maintaining a proper outslope is critical to the long term condition of the trail. Drainage Maintenance. Special attention should be directed to the maintenance of drainage structures. These structures are extremely important in protecting the trail from erosion. If they are not maintained properly, the trail will be prone to erosion, and may become unsafe for public use and require extensive amounts of labor to repair. All repairs to drainage structures must restore them to their original standard construction specifications. Special Structure Maintenance. Structures such as waterbars, culverts, switchbacks, retaining walls, wash crossings, overpasses, bridges, etc. are rather expensive and labor intensive to construct. Proper maintenance will prolong the life of the structures and help prevent safety hazards. Structures should be inspected annually and maintenance performed as needed. All repairs to special structures must restore them to their original standard construction specifications. 12 Sign Maintenance. Sign maintenance includes replacing missing or damaged signs and assuring accuracy of the information on the signs, as conditions may change over time. Signs that are damaged, weathered, or for any other reason do not serve their intended purpose should be repaired or replaced according to the sign standards described in this manual. . TRAIL SIGNS AND MARKERS Trail sign program consistent with the following standards should be developed for the City of Stillwater trail signage. Locations. The proper location of signage is important in maintaining the safety of trail users, preserving the natural environment, and promoting the presence of the trail. The number and location: of signs should be carefully considered, as a lack of signage or poorly located signs can create hazardous situations for trail users. An overabundance of signs can also detract from the aesthetics ofthe trail and decrease the quality of the trail users' experience. Trail signs are typically located at trail intersections, locations where trails cross roadways, and any other areas where it may be difficult to follow the route of the trail. Trail signs should be placed 1.5' to 3' from the edge ofthe trail (see Figures 7.3-23, 24 & 25). 1. Sign Specifications. a. Blanks . Sign blanks must be 0.080 gauge aluminum. Blanks must be covered with reflective sheeting of street transportation quality vinyl. There must be 2 predrilled 3/8" holes. The holes must be centered horizontally with the center of each hole being Y2" from the top and bottom edges. Comers must be rounded with a I" to I Y2" radius, depending on the size of the sign. b. Lettering Font must be Garamond (or similar style). Point size should be relative to the size of the SIgn. c. Colors Background must be dark brown with reflective white lettering and symbols. There must be a %" - W white reflective border. d. Sign Mounting Hardware 3/8" vandal resistant steel drive rivets. . 13 1211 . . ,-- .... .' . \..... " ...,,,.-,,/ . FIGURE 7.3-23 Trail Sign --.:.. (l) - - 611 611 . \, ...... 1011 ,~ _.-.--_..- -. .-. .... -._.. ... \ in . (1) \ , \ \ \ \ \ \ \\ '. \ \ \ \. . FIGURE 7.3-24 Trail Signs . . 2. Sign Post/Anchor Specifications a. Posts Posts shall be constructed of 1 %" x 1 3/4" 12-gauge square steel tubing with 7/16" pre-punched knockouts on I" centers. Post lengths must be 5' or 8'. All steel posts shall be sandblasted with 100 grit sand and chemically treated to provide a natural looking "rust" finish. The application of rust-colored paint is not acceptable. b. Anchors Anchors shall be 2" x 2" X 30", 12-gauge galvanized square tubing with 7/16" pre-punched knockouts on I" centers. c. Sleeves Sleeves shall be 2 1/4"x 2 1/4" x 12", 12-gauge galvanized square tubing with 7/16" pre-punched knockouts on 1" centers. d. Anchor Assembly Hardware 3/8" vandal resistant steel drive rivets. . e. Telescoping Properties . The finish post, anchor, and sleeve must be straight with a smooth uniform finish to allow each component to telescope with each consecutive larger or smaller piece. Installation. Sign posts are to be installed according to City of Stillwater Standard Detail. The final height ofthe post should be either 3' or 6'. The height depends on the location of the post and the signs to be placed on it. The 3' posts should be placed at trail intersections or areas where it may be difficult to follow the route of the trail. The 3' posts are intended for combinations of signs shown in Figure 7.3-24. These signs shall not exceed two per post. The 6' posts should be placed in more prominent locations such as trail access points or major trail junctions. The 6' posts are intended, for the larger sign shown in Figure 7.3-23. The triangular sign from Figure 7.3-24 or regulatory signs such as "no motorized vehicles" signs may be placed on the 6' post below the larger trail sign. All signs are to be mounted to the posts with 3/8" vandal resistant steel drive rivets. Developer Provided Sign Standard. Developers may provide their own signage consistent in color and theme with the surrounding development. At a minimum, these signs must accommodate the triangular "Trail Courtesy" graphic, the "City of Stillwater Trail System" logo and the standard hiker, equestrian, and mountain bicycle icons. These required signs may be installed on the same post as developer-provided signs, or the graphics may be incorporated 14 r /.r;.-~/fVDWl . -t-....a '" "1~ful -:> ~ 1 ~\ \\\'In'' <r(eeve... ~ . $t~e( cJ y; VeY'IIl't;,t-S I , , , , , I , - ___I . He,"10+, , V ft r I ~ S (~ DV' (p ) . ~Otl ahGhD~ ~-1 FIGURE 7.3-25 Trail Sign Installation . . . . directly into the developer-provided sign. The graphics for the signs may be obtained by contacting the City Community Development Director. Sign Maintenance. Sign maintenance includes replacing missing or damaged signs and assuring accuracy of the information on the signs, as conditions may change over time. Signs that are damaged, weathered or for any other reason do not serve their intended purpose should be repaired or replaced according to the sign standards described. TRAIL PLAN IMPLEMENTATION The following are a set of funding and implementation guidelines: · Designate a percentage oftotal available roadway funds exclusively for provision and maintenance of bicycle facilities. Average percentages designated for trailways range between one and five percent in other cities. · Provide consistent and on-gong funding for multi-use trails. · Accelerate improvements for existing trails and construction of new trails. · Acquire maximum available funding from State and Federal sources. The community should make a commitment to increased non-motorized transportation use by committing a higher percentage of state and federal funds to bicycle and pedestrian transportation. · Include trail construction in City Capital Improvement Program. · Require new development to plan trails to our standards. · Generally follow the guidelines and standards set by MnDOT and ADA for the design of trailways. Refer to Appendix A for MnDOT Planning Guide and Appendix B for ADA Guidelines. · Ensure the construction of trails in new development to provide for trial linkages consistent with the adopted Comprehensive Trail Plan. 15 REFERENCES 1. 1993 Austin Bicycle Plan, City of Austin Department of Planning and Development. Making Communities "Bicycle Friendly, " Bill Wilkinson, Planning Commissioners J oumal, # 10, 1993. . 2. Building Bikeways-These paths are no longer the roads less traveled by. Michael G. Jones, Planning, 1993. 3. City of Scottsdale Design Standards and Policy Manual, City of Scottsdale, October 1999. 4. Greenways-A Guide to Planning. Design. and Development, Charles A. Flink and Robert M. Seams, The Conservation Fund, Island Press, 1993. 5. Liberty Bicycle/Pedestrian Plan, City of Liberty, Missouri, 1997. 6. Minnesota Bicycle Transportation Planning and Design Guidelines, Minnesota Department of Transportation, 1996. 7. NRPC Region Bicycle and Pedestrian Plan-Technical Supplement, Nashua Regional Planning Commission, 1995. 8. P ACTS Regional Bicycle and Interim Pedestrian Plan, Portland Area Comprehensive Transportation Committee, 1995. . 9. Pro Bike Pro Walk 98 - Creating Bicycle-Friendly and Walkab1e Communities, City of Santa Barbara included in the National Conferences of the Bicycle Federation of America, 1998. 10. 1995 Stillwater Comprehensive Plan, City of Stillwater Planning Department. 11. Trails for the Twenty-first Century-Planning. Design. and Management Manual for Multi-Use Trails, Karen-Lee Ryan, Rails-to-Trails Conservancy, Island Press, 1993. 12. Walkab1e and Bicycle Friendly Communities, Dan Burden, Florida Department of Transportation, 1997. . 16 . MEMO To: From: Subject: Mayor and City Council Steve Russell, Community Development Director rv- Final Plat Approval for Lot Subdivision located in the Campus Research and Development District, CRD on the NW Comer of CR 5 and Th 36. Case No. SUB- F/00-30 November 15,2000 Date: The preliminary plat for the four lot subdivision was approved by the City Council on June 6, 2000. Several conditions of approval were part ofthe approval (see Resolution 2000-173 attached). Conditions applicable to the final plat have been reviewed or incorporated into the final plans. The Engineering Department and MnDOT have reviewed the plans for roadway and other public improvements. A draft development agreement has been prepared by the City Attorney and can be approved as a part of this approval. . Recommendation: Approval Findings: The final plat is consistent with the Comprehensive Plan, Zoning Ordinance and preliminary plat approval SUB/00-30. Attachments: Application and plans. . ~ RESOLUTION NO. 2000-173 APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT THE NORTHWEST. CORNER OF IDGHWAY 36 AND IDGHWAY 5 WHEREAS, a request has been submitted by Coen and Stumpf and Associates, Inc., representing Jim Bradshaw for a subdivision of a 22.75 acre lot into four lots consisting of 6.16 acres, 3.37 acres, 3.24 acres and 3.15 acres with two outlots consisting of A=2.49 and B=4.34 at the northwest corner of Highway 36 and Highway 5 intersection in the CRD, Campus Research and Development District; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater approves the subdivision, Case No. SOO/00-30 subject to the following conditions of apprc)val: 2. 3. 4. 5. 6. 7. 8. 9. 1. The setback for Lot 3 shall be 25 feet front, 40 feet west side, 15 foot rear and 15 foot east side. A parking area shall be provided for trail access. Outlots A and B shall be dedicated to the City as part of park dedication. The trail along the access roads shall be 8-foot bituminous trail. The driveway access at the corner ofCR 5 and 36 shall be reviewed for safety. A detail landscape plan for the drainage area and Outlots as appropriate shall be provided and improved by the Community Development Director with subdivision improvements. The trail and landscaping shall be installed with subdivision improvements. A tree impact table and tree protection plan shall be provided before final plat approval. Comments from the City Engineer shall be incorporated into final development plans before final plat approval. Comments from Brown's Creek Watershed District, MnlDOT, Washington County Public Works and Stillwater Township shall be incorporated into plan before final plan approval. The Parks Board shall review and approve dedication of Outlots A and B and trail improvements in lieu of park dedication. Future lot development shall require administrative design review. . 10. 11. 12. Adopted by the City Council of Stillwater this 6th day of June, 2000. r#~ ATTEST: A/~ J /A)~d Diane Ward, City Clerk . . . 01 '< f ~ . m '- Q ~ ~ ~ f .;: '" 3 ~ " ~ ~ ! s .. i f .;: Ii";;t 3. =- ~ ;<Jl o "'S il.. 0._ !;: 0_ '2 .3 l! Ii"~ 1. . ~~ . it !~ .. ~: ... &f i~ . ;L . '< !!. ~ !.~ ~~ ;~ 0.. 2- ! s: Ill. ~ i s 2. ~ .. ! . s '!? !l f .;: I '" i o '< ~ 0 ~ ~ .;: a. ~ ~ .. [ !l .. ;; Ii" 3 = is' &.!.- .S: i=5 II o. "0 ~a: ;< 01 & ! o . I; 1 F CD I ~ CD a ~ . . 1 ~ 0. f!, o !' .. ~ g " . . 0. ~ .. . ~ i o . ~ ... s~ 01 01 '< '< .. o. ~ .0 !. j" !. i _0 ~i n Q.s ~ s:~ .;: ..'! I~ ~ ~ ]I ~ ~ o.n ~~ aa ~ g " 'l: l I ~ 1 ... ~ ! ll' ! 2. 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ORDINANCE NO.: AN ORDINANCE AMENDING THE STILLWATER CODE, CHAPTER 31-1, SUBD. 5, ~ 2 ENTITLED ZONING MAPS AND BOUNDARIES BY AMENDING "THE ZONING MAP OF THE CITY" TO REZONE PROPERTY WITHIN THE AP AGRICULTURAL PRESERVATION ZONING DISTRICT TO THE ASF ATTACHED SINGLE FAMILY (TOWNHOUSE) DISTRICT The City Council of the City of Stillwater does ordain: 1. The property described in crosshatch on Exhibit "A" is hereby rezoned from the AP Agricultural Preservation District to the ASF Attached Single Family (Townhouse) Zoning District. 2. The Zoning Map of the City is changed to include this designation. In all other ways, the Stillwater City Code shall remain in full force and effect. This Ordinance shall be effective upon its passage and publication according to law. 2000. Enacted by the City Council of the City of Stillwater this _ day of By Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk / .. ~...... '....,'- ~ \>~ "'~ ~ "} # 1/ ~~ I ~""I ' ~... i' PM ~ 1 ~- STILL WATER MARKETPl ..,.,... .- "'-. 1 ~o.m.of~1.IIs.&..ECT1O ~MO~~ J... i ~ 1 EXHIBIT "A" R2ZW R2IW R2fN{ Vidnity fv1ap . :I ._{~~c- . r o 324 Scale in Feet "'~."""'d.CDT1li"" rcl~dlaod~_1w;' __"...-.:...W~('.a..rwy~ h~lIh;ddbl....sb~ ~...,.~c:.:..ny.td .......t:leb'...,~ ~W~Cao.dy~,Olllca Pt-. tell Q).fil51S "'-":.I~""",,"-'$.U)~ __~Uy3t.xm ...~ ~11.3XXl . Memorandum To: From: Date: Mayor and City Council Diane Ward, City Clerk 11/17/00 Subject: Possible 2nd reading of Ordinance 906, Amending Chapter 31, Zoning Map Amendment This information will be available Tuesday evening. . . , ..~ . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Loan agreement with new Chamber DA: November 17,2000 Discussion: Attached is the loan agreement between the City of Stillwater and the new Greater Stillwater Chamber of Commerce ("Chamber"). The agreement specifies the following: 1. The City will loan the Chamber, at no interest, the sum 0[$35,000.00. 2. The City will act as guarantor of loans obtained by the Chamber in an additional amount of $40,000. 3. The agreement is contingent upon the Chamber obtaining non-profit status and the adoption of by-laws. 4. The loans are to be paid back over a 4-year period beginning one year from the date of execution of the agreement (Y4 of the loans to be paid each year). Other conditions are also described in the loan agreement. I believe the agreement is consistent with the action taken by the Council at the meeting of November 7, 2000 and I would recommend approval of the agreement. Recommendation: Council approve loan agreement between the City of Stillwater and the Greater Stillwater Chamber of Commerce. 4/~ APPROVAL OF LOAN AGREEMENT T BETWEEN THE CITY OF STILL WATER AND GREATER STILLWATER CHAMBER OF COMMERCE BE IT RESOLVED by the City Council of Stillwater, Minnesota, enters into a Loan Agreement with the Greater Stillwater Chamber of Commerce, attached hereto as exhibit A, , is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 21 st day of November 2000. lay Kimble, Mayor ATTEST: Diane 'lv' ard, City Clerk , ~ . . e , , . . . AGREEMENT This Agreement is made this _ day of November, 2000, by the City of Stillwater, Washington County, Minnesota (the "City") and the Greater Stillwater Chamber of Commerce, a Minnesota non-profit corporation (the "Chamber"). 1. INTRODUCTION 1.1. The City is a Home Rule City of the third class and is authorized, pursuant to Resolution 8095, adopted June 6, 1989 to exercise, without limitation, the Powers of an Economic Development authority as defined in Minn. Stat. 9469,090 through 9469.208. 1.2. Minn. Stat. 9469,01, subd. 16, authorizes a city so empowered to carry out public relation activities to promote the city and its economic development. 1.3. Minn. Stat. 9469.192 authorizes a city so empowered to make loans to a non- profit organization for any purpose it is authorized to carry out, including among other purposes, those found in Minn. Stat. 9469.101, subd. 16. 1.4. The Chamber is formed to carry out public relation activities to promote the City and its economic development. 2. LOAN 2.1. The City agrees to loan to the Chamber, at no interest, the sum of Thirty Five Thousand and noll OOths Dollars ($35,000.00), (the "Loan"), subject to the contingencies set forth in 94 of this Agreement. and execution of the note attached as Exhibit "A". 3. GUARANTEE 3.1. Further, the City will act as Guarantor of loans obtained by the Chamber for business purposes in an additional amount of Forty Thousand and noll OOths Dollars ($40,000.00), provided that the credit is obtained from a commercial bank with an office within the primary service area of the Chamber and the Chamber is primarily liable for repayment of any loan guaranteed by the City. 4. CONTINGENCY 4.1. The obligation of the City under 992.1 and 3.1 of this Agreement is contingent upon the Chamber obtaining non-profit corporate status under the laws of Minnesota and the adoption of Bylaws and the appointment of officers with authority of the corporation to incur the obligations described in 992.1 and 3.1. , j 4.2. Before the Loan described in S2.1 above is made, the Chamber, through its duly . authorized officer, must execute and deliver to the City the note described in Exhibit "A". 4.3. Before a Guarantee is made by the City, a binding commitment must be provided to the Chamber by a commercial lender as described in S3.l and the form of Guarantee is reviewed and approved by the City Attorney. 5. TERL'\1INA TION 5.1. This Agreement will terminate upon the repayment of the note and the repayment of any obligation made by Chamber and the repayment by the Chamber of any sums the City is required to advance pursuant to demands made upon it under the Guarantee described in S3.1. IN WITNESS WHEREOF, the undersigned have set their hands the day and year first written above. CITY OF STILLWATER By: (SEAL) Jay L. Kimble, Its Mayor . and Diane Ward, Its City Clerk GREATER STILLWATER CHAMBER OF COMMERCE~ a Minnesota non- profit corporation By: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2000, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Diane Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of . 2 .. . . . Stilhvater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2000, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, is the duly authorized officer of the Greater Stillwater Chamber of Commerce named in the foregoing instrument and that this instrument was signed as the free act and deed of the Chamber. Notary Public ,.., .J PROMISSORY NOTE $35,000.00 . November _, 2000 FOR VALUE RECEIVED, the undersigned promises to pay to the ORDER of the CITY OF STILL WATER, the sum of Thirty Five Thousand and noll OOths Dollars ($35,000.00), with no interest thereon. The principal must be paid in four (4) equal installments, each due on the anniversary date of this Note and on the last payment all remaining unpaid principal must be paid in full. It is agreed that time is of the essence of this obligation and that in the event of failure of the undersigned to pay principal when due, the payee of this Note will have the right and option to declare all remaining indebtedness evidenced by this Note immediately due and payable. The payment of this Note is pursuant to a LOAN AGREEMENT between the parties executed on even date herewith. The undersigned agrees to Waive any requirement of or for Demand for Payment, Presentment for Payment, Notice of Dishonor, Protest and Notice of Protest. GREATER STILL WATER CHAMBER OF COMMERCE, a Minnesota non- profit corporation By: EXHIBIT "A" ~ . . . . . . MEMORANDUM TO: Mayor and Council FR: City Administrator RE: Reapportionment of special assessments for Bradshaw subdivision DA: November 17,2000 Discussion: Accompanying this memo is a resolution approving the reapportionment of assessments that are related to case No. SUB/DO-3D, Bradshaw Addition. Ifthe subdivision is approved the resolution should be adopted. Recommendation: Council adopt resolution approving assessment reapportionment for Bradshaw subdivision contingent upon subdivision approval. ~~ RESOLUTION NO. 2000- . REAPPORTIONING SPECIAL ASSESSMENTS FOR PARCEL NO.'s 31.030.20.43.0011, 31.030.20.43.0005, AND 030.20.43.0006 PURSUANT TO SUBDIVISION OF LAND WHEREAS, the City Council of the City of Stillwater has adopted assessments for Local Improvements No. 342 and No. 343; and WHEREAS, the property owner of parcels #31.030.20.43.0011, #31.030.20.43.0005 and #030.20.43.0006, has requested and received approval for a subdivision of the parcels ofland; and WHEREAS, it is the policy of the City of Stillwater to reapportion assessments for parcels that receive approval for subdivisions; and WHEREAS, the dollar amount of the special assessments outstanding for the parcels are as follows: Parcel No. L.I. 342 L.I. 343 TOTAL 31.030.20.43.0011 $81,891.51 $14,113.79 $96,005.30 31.030.20.43.0005 - 0 - - 0 - - 0 - . 31.030.20.43.0006 474.22 141.75 615.97 Total $82365.73 $14.255.54 $96.621.27 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater those special assessments in the amount of$96,621.27 are hereby reapportioned to Lot 1, Bradshaw Addition. Adopted by City Council this 21st day of2000. Mayor Attest: City Clerk . .. .. . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director Update on TH 36 Corridor Study November 1,2000 p MnDot with input from local communities and Washington County is studying the TH 36 Corridor from 694 to 95. At this point in the process, the study team has developed two options and a bypass for future expressway and freeway improvements. The study team has met with City staff and would like to present the.information to the City Council for comment. Additional opportunities for input will be available as the study progresses. All alternatives contemplates the construction of a new St. Croix River Bridge. . Both options contemplates CR 15/TH 36 and Greeley/TH 36 being major interchanges. Recommendation: Receive update presentation and provide comments as appropriate. 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Jiiit ~~~~; ~ t;~~ _1I1i181 -1I1il1: _ IilIs . . . ~ AUTHORIZING A CONTRIBUTION TO THE WASHINGTON COUNTY GROUNDWATER RESOURCE ASSESSMENT WHEREAS, the City's AUAR identified groundwater as a sensitive resource in the expansion area; and WHEREAS, by the City Council of Stillwater, Minnesota contribute $10,000 towards a matching grant with the Board of Water, Soil and Water Resources in support of Washington County Groundwater Resources Assessment; and WHEREAS, the City of Stillwater has an interest in protecting the groundwater resources in the area and whereas Washington County is looking for outside funding sources. NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA to support the efforts of Washington County to complete a Groundwater Resource Assessment and authorized the contribution of $1 0,000 as a matching grant with the Board of Water, Soil and Water Resources. Adopted by the Council this 21st day of November 2000. Jay Kimble, Mayor Attest: Diane Ward, City Clerk .. Mem.orandmn T~:,:%:,;:og~"",W.<<~;;~~:@W~~" ';;"t*~~ ,. To: From: Date: Subject: Mayor and City Council Klayton Eckles, City Engineer 11/16/00 Request for funding for the Washington County Groundwater Resource Assessment DISCUSSION: Attached is a letter from Jon Michels, Senior Environmental Specialist for Washington County Public Health. Mr. Michels is requesting that the City pass a resolution supporting Washington County's effort to obtain a grant for the completion of this study as well as supporting a $10,000 contribution from the City of Stillwater for this project. As part of the City's AUAR, it identified groundwater as a sensitive resource in the expansion area. As part of the AUAR, the City made a commitment to participate in the study in protection of groundwater. The 2001 budget process included $10,000 for . participation in a Washington County Groundwater Study. Based on these facts, Stillwater's financial participation in this groundwater resource assessment seems appropriate. RECOMMENDATION: City staff recommends that the City Council pass a resolution supporting Washington County's plan to complete a groundwater resource assessment. Also, the resolution should indicate that the City of Stillwater is willing to contribute up to $10,000 towards this project. ACTION REQUIRED: If the City Council agrees with staff recommendation, Council should a motion adopting a resolution in support of the Washington County Groundwater Resource assessment. . WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT GOVERNMENT CENTER 14949 62ND STREET NORTH. P. O. BOX 3803. STillWATER, MINNESOTA 55082-3803 Office: (651) 430-6655 . TOO (651) 439-3220 . Facsimile Machine: (651) 430-6730 Mary L. McGlothlin Director November 1,2000 Mayor Jay Kimble and Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Proposed Groundwater Resource Assessment Dear Mayor Kimble and Council: Washington County is pursuing a proposal to conduct a "Groundwater Resource Assessment" in the North part of the County. Attached is a proposal which outlines this project. We are proposing that this project be funded with a State Grant from the Board of Water and Soil Resources (BWSR) in combination with local funding from Watershed Districts, Cities and the County. Critical to obtaining these grants is the ability of the local units of government to provide matching funds. . As Stillwater grows, there is a need to have solid understanding of the role of groundwater and surface water interaction in the community. The proposed project will be designed to enable the County to provide Stillwater a report and interactive databases to assist in planning for growth, water supply and well head protection strategies. As you are all well aware, Stillwater has a special resource in Brown's Creek and the City has demonstrated through the AUAR process and completion of protection projects, an ongoing commitment to this "groundwater dependent" resource. This project will provide the City an extremely cost effective means of fullfilling and possibly exceeding implementation strategies outlined in the AUAR mitigation plan. It is proposed that Stillwater contribute $ 10,000 cash towards the total of $ 210,000 for this project. I am confident the City will fmd that an investment in further refining their understanding of groundwater, its relationship to surface water and the implications on long term growth extremely valuable. Please review the attached proposal and I encourage questions or requests for clarification. I would appreciate a response by December 1, 2000. We will need a letter of support and copy of a resolution of support to submit with the application. According to the BWSR, the applications are due sometime in "early winter". Sincerely, ~ J n Michels enior Environmental Specialist Washington County Public Health and Environment 651-275-7301 michels{@,co.washington.Inn.us . Prlntpr! Oil r-{pcycled P<lper EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION ,,- . PROPOSED GROUNDWATER RESOURCE ASSESSMENT NORTHERN WASHINGTON COUNTY Back2round: Groundwater provides a valuable function in providing drinking water and supplying area lakes, wetlands and streams with a reliable source of clean water. However, groundwater has also proven to be a problem in areas where high water levels have inundated roads, private property and septic systems. Millions of dollars have been spent over the past few decades dealing with groundwater/surface water issues. Information and data regarding groundwater, its relationship to surface water, and the implications ofland use on water quality and quantity are a vital asset to area planners and water resource managers. The groundwater flow system in Northern Washington County is highly complex and the strong relationship between groundwater and . surface water is poorly understood. Proposal: Based on the mounting and ubiquitous problems related to groundwater, projected increased growth pressures, and the charge to Washington County to deal with these issues, a "Groundwater Resource Assessment" is proposed to be completed for Northern Washington County. It is proposed to bring water management units and local government units together in collaboration with the County to conduct this assessment. Following is a summary of goals and benefits that will be achieved from this project: Goals and Benefits: 1. Goal: Benefits: -Develop Data and Understanding of surface water/groundwater relationships. -Provide planners and water resource managers with vital information. - Provide data and information to evaluate mitigation efforts for managing high and low water conditions. 2. Goal: Benefits: -Identify groundwater recharge and discharge areas. -Provide vital data to planners, resource officials and developers for managing land use, storm water and natural resources. . ;, .. 3. Goal: . Benefit: 4. Goal: Benefit: 5. Goal: Benefit: 6. Goal: Benefit: -Identify cross-boundary water issues. -Aid in coordinating technical and policy issues between resource managers and local officials. -Develop a groundwater mode/to identify groundwater flow patterns. ~Aid LGU's, planners and resource managers in protecting water quality, completing well head protection plans, and natural resource management. -Refine the understanding between precipitation patterns and groundwater levels. -Provide data to planners and resource managers to plan for long range climatic influences on the hydrologic system and landscape. -Develop a comprehensive, interactive groundwater data base and framework for a base level of technical support from Washington County. -Provide the main data elements of groundwater that link land-use planning and water resource planning. -Deliver LGU's and water resource managers the tools and technical support to develop plans and solve groundwater related problems. Proiect Approach: Many of the elements for conducting a groundwater resource assessment have been assembled. Basic Geologic Data has been generated, a countywide, bedrock groundwater model has been developed by the Minnesota Department of Health, a more refined geologic map of quaternary (glacial) sediments in both the surface and subsurface has been developed by the Minnesota Geologic Survey. By bringing together the available data and acquiring some new data, a comprehensive Groundwater Resource Assessment will be generated as outlined: . I. Collect and compile existing data. II. Identify Data Gaps and develop a work plan to fill those gaps. III. Acquire new data. IV. Compile and interpret all data/develop model. V. Generate a report: "Comprehensive Groundwater Resource Assessment-Northern Washington County, Minnesota". VI. Build and interactive, web-accessible data base. It is proposed that a consultant be hired to conduct this work. Washington County would provide project coordination. Participating agencies and communities will be asked to provide oversite, review, direction and approval of the project. Proiect Collaboration and Fundin2: . Because each Watershed Management Unit and some select communities share these common issues related to groundwater, it is proposed that they combine resources with Washington .. ....... County to complete this project. There is marked cost savings to each entity by sharing resources to leverage State and local monies and the resulting "economies of scale". A Minnesota Board of . Water and Soil Resources (BWSR) planning Grant has been identified. The BWSR grant will match dollars 1:1, $ 50,000 per applicant with a project maximum of $125,000 (cash only). It is anticipated that the project will cost approximately $ 210,000 to complete. Following is the proposed balance of funding to complete this project: Grant Funding: BWSR Local Funding: Washington County Brown's Creek WD/Stillwater Rice Creek WD/Hugo Carnelian Marine WD* Forest Lake-Comfort Lake WD/Forest Lake $100,000 $ 20,000 $ 20,000/$ 10,000 $ 20,000/$ 10,000 $ 10,000 $ 10,000/$ 5,000 Total $ 210,000 Proposed contributions were based on an estimate of the level of effort needed in the selected areas. Certain cities were selected based on the potential to impact groundwater resources from higher density urbanization and need for growth planning. It was felt that a higher level of effort would be needed in those urbanizing areas. *Carnelian Marine is presently conducting a focused groundwater study that will bring resources into the effort. The ability to complete this project within the next year is dependent on obtaining the above . proposed grant dollars. If these grant dollars were not made available, we propose that additional funding from other state programs be explored or additional funding from within the collaborative group be considered. Proiect Timetable: August 2000 -November 2000 · Confirm participant commitmentslIntial draft of Grant Application November 2000 - January 2001 · Finalize and apply for BWSR Grant DEADLINE: December 2000 or January 2001 February 2001 - July 2001 · Develop Project Framework · Assemble, evaluate existing data/Identify gaps · Generate Project Work plan July 2001 - October 2001 · Conduct focused field data acquisition · Complete initial Draft Report September 2001 - January 2002 · Finalize Report · Develop Web Accessible Data Base · Conduct Public meetings to present project results and use . . . . MAGNUSONLAWFmM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (651) 439-9464 . TELECOPIER: (651) 439-5641 DAVID T. MAGNUSON H. ALAN ~"ITRUD MEMORANDUM TO: Mayor City Council FROM: David T. Magnuson, Stillwater City Attorney DATE: November 21, 2000 RE: North Fourth Street Storm Sewer After lengthy discussions, City Staff was able to negotiate the purchase of land from Tim and Amy Stefan upon which a very important storm sewer is built and maintained. This storm sewer is located on the bottom of the north Fourth Street hill, just north of Maple. The purchase price represents reimbursement to Stefan for a sidewalk assessment he paid that was spread against this property in the amount of $700, and reimbursement for the $250 that Stefan paid for the property at the County auction. The proposed Purchase Agreement is attached to this memorandum as Exhibit A and a map of the property is attached as Exhibit B. Staff recommends approval of this Agreement and the granting of authority to the Mayor and Clerk for the signing of this instrument and other associated documents needed for the closing. Respectfully, David T. agnuson Stillwater City Attorney DTM/nm Enclosures PURCHASE AGREEMENT . This Agreement is made as of November _, 2000, between the City of Stillwater, a Minnesota municipal corporation ("Buyer"), and Timothy V. Stefan and Amy L. Stefan, husband and wife ("Sellers"). In consideration of this Agreement, Sellers and Buyer agree as follows: 1. Sale of Propertv. Sellers agree to sell to Buyer, and Buyer agrees to buy from Sellers, the following property: the real property located in Washington County, Minnesota, described on the attached Exhibit "A", together with all easements and rights benefiting or appurtenant thereto (collectively the "Property"). 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is Nine Hundred Fifty and noll OOth Dollars ($950.00). The Purchase Price is payable in cash or by wire transfer of funds on the date of Closing. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following which must occur on or before the dates herein set forth: . 3.1. Representations and Warranties. The representations and warranties of Sellers contained in this Agreement must be true now and on the date of Closing as if made on the date of Closing. 3.2. Title. Title must have been found acceptable. 3.3. Contingency Periods. If any contingency listed above has not been satisfied within its respective contingency period as indicated above, then this Agreement may be terminated by written notice from Buyer to Sellers. 4. Closing. The closing of the purchase and sale contemplated by this Agreement ("the Closing") will occur on a business day no later than 60 days after satisfaction of all contingencies set forth in S 3 Contingencies. Sellers agree to deliver possession of the Property to Buyer at the Closing. 4.1. Sellers' Closing Documents. On the date of Closing, Sellers will execute and deliver to Buyer the following (collectively, "Sellers' Closing Documents"): 4.1.1. Deed. A Quit Claim Deed conveying the Property to Buyer. 4.1.2. Well Certificate. A Certificate signed by Sellers warranting that there are no "Wells" on the Property within the meaning of Minn. Stat.. 1031 or if there are "Wells", a Well Certificate in the form required by law. . 4.1.3. Other Documents/Pavment. All other documents reasonably necessary to transfer the Property to Buyer. . 4.2. Buyer's Obligation. On the date of Closing, Buyer will deliver to Sellers the funds representing the Purchase Price. 5. Prorations. Sellers and Buyer agree to the following prorations and allocation of costs regarding the Agreement. 5.1. Deed Tax. Sellers will pay the State Deed Tax payable in connection vvith this transaction. 5.2. Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be pro-rated based upon a calendar year based upon the date of Closing. Special Assessments levied on the date of the Closing will be assumed by Buyer at the Closing. 6. Title Examination. Title Examination will be conducted as follows: 6.1. Title Evidence. Buyer will examine county records to determine the marketability of title. 6.2. Buyer's Objections. Within twenty (20) days after the effective date of this agreement, Buyer will make written objections ("Objections") to the marketability of title. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter not objected to by Buyer shall be a . permitted encumbrance hereunder. Sellers will have 100 days after receipt of the objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Objections are not cured within such 100 day period, Buyer's only remedies will be the following: 6.2.1. Terminate this Agreement; or 6.2.2. Waiye the objections and proceed to Closing. 7. Representations and Warranties by Sellers. Sellers represents and warrants to Buyer as follows: 7.1. Wells. The Sellers certify and warrant that the Sellers do not know of any "Wells" on the described Property within the meaning of Minn. Stat. 91 03!. This representation is intended to satisfy the requirements of that statute. Sellers will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorney's fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Consummation of this Agreement by Buyer with . 2 f . . . knowledge of any such breach by Sellers will constitute a waiver and release by Buyer of any claims due to such breach. 8. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 9. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, property addressed as follows: If to Sellers: Tim and Amy Stefan 809 North 4th Street Stillwater, MN 55082 If to Buyer: Nile Kriesel, City Coordinator City of Stillwater 216 North 4th Street Stillwater, MN 55082 Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change. 10. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 11. Remedies. If Sellers default in their obligations with respect to title in Section 6, then Buyer's sole remedy will be termination. If Sellers default in any other obligations under this Agreement, Buyer may terminate this Agreement. Sellers and Buyer have executed this Agreement as of the date first written above. Timothy V. Stefan Amy L. Stefan 3 . STATE OF MINNESOTA ) ) ss ) . COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of November, 2000, by Timothy V. Stefan and Amy L. Stefan, husband and wife. Notary Public CITY OF STILL WATER By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of November, 2000, by Jay L. Kimble, Mayor and Diane Ward, Clerk, for the City of Stillwater. . Notary Public . 4 LEGAL DESCRIPTION . That part of Lot 9, County Auditor's Plat No.3, according to the recorded plat thereof, lying southerly of "Line 1" and easterly of "Line 2". "Line 1" and "Line 2" are described as follows: "Line 1" is a line commencing at a point located 48 feet south of the northwest comer on the west property line, to a point on the east line, 27 feet south of the northeast comer. "Line 2" is a line commencing at a point located 22 feet ,,vest of the northeast comer on the north property line to a point on the south line, 30 feet east of the southwest comer. . . EXHIBIT "A" 9,,-, L iLI-2080 8~ ./ ;'., I -.------------ \ ,\ , :('.1 :~ :IOJ _,^ G^-~ ~n _'-'-' -.JL/\..J-/\ .:it; _ __ -.'>..J 'I !~J iF , 'al ';.1.-'- : '.. '\ q : c)v i ,. 7 ;,I~/ .,;, A 11 '-.J: : ! ---~ '-' -- 0:"""/;(" ...............,.,...- oJ . \1- /'" 'J ~.~' "-'-10\ 8" ...i / . -r- _.:." ;0:.;. , mA~ STA~I ~! Jl " E.Y-.-B i I ! i l,.,<' ------- \' .. \g k) rD 1 \ :. r"-i CO :-1 i Ie- "~' ic !,-: ;"o-J :,.-. ~ Metropolitan Council ~ Working for the Region, Planning for the Future November 13, 2000 ;r_J J~L- ~L . Jay Kimble, Mayor City of Stillwater 216 4th St N Stillwater, MN 55082-4898 --- Dear Mayor Kimble: This letter is to inform local units of government that five positions on the Metropolitan Parks and Open Space Commission are open for appointment. The positions are the chair, and citizen members representing Commission District A (Metropolitan Council Districts 1 and 2), District B (3 and 4), District C (5 and 6) and District D (7 and 8) (see enclosed map). Parks and Open Space Commission appointments are governed under the Minnesota Open Appointments process administered by the Secretary of State; therefore, interested individuals should contact the Secretary of State's office at 651/297-5845 for an application form. Completed applications are to be returned to the Secretary of State. The deadline for persons applying for these appointments is Dec. 22, 2000. After receipt by the Secretary of State, the applications are forwarded to the Metropolitan Council. Applicants will be asked to appear for an interview at a public meeting conducted by a Metropolitan Council appointments committee. The public meeting(s) will be held in January. The Metropolitan Council will also notify legislators in the affected district of the names and backgrounds of the applicants and solicit their recommendations. Following the public meeting, the appointments committee will meet to review the information received and develop an appointment recommendation. It is expected that appointments will be made by the Metropolitan Council in February. . The Metropolitan Council invites local units of government to participate in this appointment process by encouraging citizens who have an interest in the work of the Metropolitan Parks and Open Space Commission to become applicants. Qualifications for membership include: applicant must be a resident of the commission district for which they are seeking appointment, and shall not during the term of office hold the office of Metropolitan Council member, be a member of the Metropolitan Airports Commission or Sports Facilities Commission, or hold any judicial office. If you have any questions about this appointment process, please call Julie Opsahl of the Council staff at 651/602-1630. The Metropolitan Council would like to thank local units of government for participating in this process and encourages you to forward to us any recommendations you may have on the appointments to be made. S;iI ILL Ted Mondale Chair . Enclosure cc: Nile Kriesel, Administrator 230 East Fifth Street Sc Paul. Minnesota 55101-1626 {65!) 602-1000 Fax 602-1550 TDD/TIY 291-0904 Metro Info Line 602-1888 An UiUnJ Opportunity Employer Metropolitan Parks and Open Space Commission District Boundaries August 1999 W Metropolitan Council ~ w_.......__............. . Eaallolhol Unwood Twp hmTwp !lam Ub C<>IumbuITwp FanltUbTwp Lmo Ubo B... ~ B>ao 4u Hollywood Twp w--..Twp ~r~ , ~ IIlmood< Twp aa- Twp SpriDc Ub Twp -Twp A N Sc tt Bello P1aiDo Twp -Twp Codor LoU Twp -Twp CUtIo RllCi< Twp ff _MoobtTwp ~ Doupo Twp New Pr&cuo o , 5 10 15 20 25 Miles , <In>cnwIo Wud>rd Twp Twp Nor1hIIcld ~ Metropolitan Parks and Open Space Commission District Boundaries . . Memorandum To: From: Date: Subject: Mayor and City Council Diane Ward, City Clerk 11/17/00 Possible approval of agreement acquiring 4th street drainage easement This information will be available Tuesday evening. . . . . . I" MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director fL--/ Brown's Creek Trail Update November 21,2000 The Brown's Creek Trail is open for winter use thanks to the generosity of the following contributors: Tim Morse, Planning Intern (prepared the trail map) Greystone Real Estate Imperial Parking US Homes Ryland Homes Mark Youngdahl Contractor Property Development The Pemtom Land Company Gary Visenor, ProAct Realty Dick Olsen, George W. Olsen Construction Stillwater High School Ski Team and Coaches Oak Glen/Creekside neighbors Margaret Rivers Foundation Randee Raduenz Recommendation: Letter of recognition and thanks to all contributors. FYI . League of Minnesota Cities Cities promoting exceUence 145 University Avenue West, St. Paul, M1'J 55103-2044 phone: (651) 281-1200 · (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 · LMCIT Fax: (651) 281-1298 Web Site: http://www.lmnc.org Date: November 14,2000 To: MN City Officials Attending the NLC Congres f Cities in Boston From: Re: N Reception - Wednesday, December 6, 5:00 p.m., Sheraton Boston Minnesota will be well represented at the upcoming Congress of Cities in Boston. Over 150 city officials from our State are registered! To welcome everyone, LMC is hosting a reception for Minnesota delegates on Wednesday, December 6, 5 - 6:30 p.m. in the Fairfax Room of the Sheraton Boston. Complimentary light hors d'oeuvres and a cash bar will be available. Spouses and other family members are encouraged to attend. . Plan to join your Minnesota colleagues for this welcoming event. We'll also be updating you on the campaigns of Karen Anderson, Mayor of Minnetonka, for NLC 1 st Vice-President, and Chuck Canfield, Mayor of Rochester, for the NLC Board of Directors. The Sheraton Boston is conveniently connected to the Convention Center. An RSVP is not required, but if you have questions, please feel free to call me at 651-281-1215 or 1-800-925-1122. . AN EQUAL OPPORTUNITY/AFFIRMATIVE ACIlON EMPLOYER TH 36 Subarea Study Stillwater City Council November 21, 2000 Stillwater City Hall Council Chambers 7:00 p.m. Items for Discussion: 1. Background Sub-Area Study Interregional Corridor Study Doug Fischer -Washington County Otto Schmid -MnIDOT 2. Alternatives Development Overview TH 36 Issues/ Deficiencies Performance Driven Concept Development Performance Results Concept Review (packet/overheads) Scott McBride- SEH 3. Local Issues Freeway concept interchanges - Partnership Study Manning A venue Improvement Scott McBride- SEH 4. Next Steps Scott McBride- SEH Enclosures: . 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G) :> <C lC (W) :I: l- o Q co ~ <:3 co (0 0) co ~ o "" <? o 0) 0) o 00 C\J ~ o C') C') 00 LC) 0_ o .s c: o <Il ..>:: .2 -5 c: (I) ::I: ;g [jj t:: o J:: (IJ ,.- C\J o 0) co <X) - . .... o + ~ :g :::l CO o Z o C\J o C\J E o .... - rn Q. o U5 (J) , Q. o (j) .s Q) 0) C <tl ..c o ..>:: c J:: L ~ -----'l A:ifi; ~~iI ^--~- - --- ,~- One West Water Street Suite 200 St. Paul, MN 55107 (651) 296-3767 fOax (651) 297-5615 Field Offices Northern Region: 394 S. Lake Avenue Room 403 Duluth, MN 55802 (218) 723-4752 Fax (218) 723-4794 3217 Bemidji Avenue N. Bemidji, MN 56601 (218) 755-4235 Fax (218) 755-4201 217 S. 7th Street Suite 202 Brainerd, MN 56401.3660 (218) 828-2383 .Fax(218) 828-6036 uthern Region: 251 Highway 15 S. New Ulm, MN 56073-8915 (507) 359-6074 Fax {50?} 359-5018 40-16th Street SE Suite A Rochester, MN 55904 (507) 285-7458 Fax (50?) 280-2875 Sox 267 1400 E. Lyon Street Marshall, MN 56253 (507) 537-6060 Fax (507) 537-6368 Metro Region: One West Water Street Suite 250 St. Paul, MN 55107 (651) 282-9969 Fax (651) 297.5615 An equal opportunity employer Printed on recycled paper . FYI lVIEMORANDUM ~ovember 3, :2000 TO: List of Addressees - - g /:~Ii. -" .:" ... 1". . ,~ !- 1..."""- -y,./'JJ!..A./....I. \, FR: ~aertel, .fna'ri;Manageme t Soecialist I r~ -. './ PH: (651) 297-2906 RE: Brown's Creek Watershed District Enlat"gement and Increase Number of lYlanagers Hearing The Public Hearing for the Brown's Creek Watershed District Enlargement 'and Increase Number of Managers Petition filed by Washington County is scheduled to 4 be held at the Washington County Government Center, Room 560, 14900 North 61 st--. Street, Stillwater, on lVlonday, November 27,2000, starting at 5:00 Pl\I. A copy of the legal notice is attached. Also attached is a map showing the proposed enlargement area. The area petitioned to be included in the Brown's Creek Watershed District is the northern portion of the Middle St. Croix River Watershed Management Orgfu.uzation, which is a joint powers agreement organization. The petitioned increase in number of managers proposes the Brown's Creek Watershed District Board of Managers be increased from five managers to seven managers for the first two years after the proposed enlargement, then return to five managers after the fIrst two years. There are several avenues available for comment on the proposed watershed district boundary. At the hearing, everybody will have an opportunity to speak. Written comments will also be accepted at the hearing. Additionally, written comments may be submitted for a period oftime after the close of the hearing to be received before - 4:30 PM on December 18, 2000, in my office. For counties, cities, townships, organizations, and other similar entItles, It IS recommended that comments be supported by a resolution or similar action that has been approved by the governing body. Please contact me at 651-297-2906 or the S1. Paul address if you have any questions. Attachments (Legal Notice, Map, List of Addressees) NOTICE OF Pl.JBUC HEARING BRO\v"N'S CREEK WATERSHED DISTRICT EiliLARGE:YIEl'iT AJ.'\'D INCREASE i\uMBER OF }'1--\''fAGERS . .\'Iinnesot:J. Board of Water and Soil Resources One West Water Street., Suite 200 Saint Paul, Minnesota 5510i In the ma [ter of me pe:ition :or the e:1large:ne:lt and increasi..J.g the nUffioer of managers of the BrQ\"\'11's Cree~ \Va:ers::e~ District pursuant:o yEnn. Starutes Sections 103D.26i and .305. \"Vhereas, tne subje~: petition dated Septemcer 26,2000, has aee:l ser:ed on the Board of Water and Soil ?esources (Beard) and the Brown' s Creek Watershed Disu1c! pursuant to yETI-T!. Statutes Section l03D.261. NO\v the;efore, the Board hereby issues the following: ;-"'OTICEIS HEREBY Gl'lE;'-f that a public hearing on the erJarg.ement and increasing the number ofrnanagers of the Brown' 5 Creek Watershed Disrrict (Disrrict) will be held on Monday, NoveII'..ber 27, 2000, beginning at 5 :00 PM at the Washingmn County Government Ce:lter, 14900 North 61 st Street, Room 560, Stillwater, Minnesota, Tne purpose oftb.e heari..llg is to re~eive public comments on the enlargement and increasing the number of managers of the Disnict pursuant:o Mino.. Starutes Sections 103D.261 and .305. At the hearing, all interested persons will be give::J. opporruniry to submit perri..lle.::J.t information. Additionally, writte.::J. comme.::J.ts may be submitted to be re~eived by tbe Board by 4:30 PM, December 18,2000. T.:J.e proposed enlarge:nent of the Disnict encompasses approximately 9.7 square miles ofland in Washington County, Mi..-:.nesota. It illcludes land in the Cities of Bayport, Oa.1c Park Heights, and Stillwater, and the TOVffi of Bay town. Add.itionally, the District includes land in the Cities of Hugo, Lake Elmo, and Grant, and the To'.VtiS of May and Stillwater. . The pu...-pose of the Disrrict, the proposed enlargement, the proposed increasing the number of managers, and contemplated improvements is to conserve the natural resources of the state by land use planning, flood control, and. other conservation projects by using sound scientific principles for the protection of the public health and welfare and the provident use oft~e natural resources. For furller iIlfour2tion contact Jim Haertel of the Board at 651-297-1906. Dated i.Tl Saint Paul, Minnesota this 26th day of October, 2000. /51 Jim Haenel Water Management Specialist . . ; i I I 1 ! I I I I I I I . I I \ , i i . I I i I I I , , } ~ i Exhibit A Washingt-on County Enlargement of Brown's Creek Watershed District I I i r I : j '--: , I i I \ " ! MAY TWP. L I '~ I I I r STILLWATER r TWP. Propc)eJ f ,d tAr, t,.M ~ 1\+ LAKE ELMO BAYTOWN TWP. l I WEsr I LAKELAN~ TWP. I I ?~e;Jared :'Y' Tr.e G1S S'..l;:!=ort U~t 't'as;;,ing~:n County Gcverr::Tler.: Cente~ '4949 S2nd Stree: Ncr:n . P.O. ::;:15 S~:llwa~er. ,\1N 550::2 ?!'1one: ~551} :'~:..:~-'2 October 10, 2000 '. J ~,,;:::-.;,;,. -~~.::':'~-.::~. '~(' o O.S 1 Miles I Brown~s Creek '\-L> Enlargement and Increase ~umber of Managers Hearing List of Addressees November 3,2000 . :\trolly O'Rourke, vVashington County (Auditor) AssessmentlTa.xation Linda Krafthefer, Washington County Assistant Attorney Ji..rn Shu2:, Washin2:ton County .Administrator - ~ J a..'1e Harper, Washington County Principal Planner vVashington SWCD Carnelian Marine Watershed Dist.-ict Kate Drewry, Rice Creek Watershed District Valley Branch Watershed District Middle St. Croix River WMO Louis Smith, Brown's Creek WD Counsel :Lvfayor, City of Bayport Administrator, City of Bayport Mayor, City of Grant Clerk, City of Grant Mayor, City of Hugo Clerk, City of Hugo Mayor, City of Lake Elmo Administrator, City of Lake Elmo Mayor, City of Oak Park Heights Administrator, City of Oak Park Heights . lvfaycr, Ci~j of Stillv.,rater Clerk, City of Stillwater Board Chair, Town ofBaytown Clerk, Town ofBaytown Board Chair, Town of May Clerk, Town of May Board Chair, Town of Stillwater Clerk, Town of Stillwater Molly Shodeen, Dl'-I"R-Metro Waters Tori Boers, Met Council Gene Soderbeck, PCA . . 1. 9:00 2. 9:00 3. 4. 9:10 9:10 5. 9:55 6. 10: 10 . 7. 8. 10:30 9. 10:40 to 11:20 10. 11:20 to 12:00 1 1. 1 : 00 WASHINGTON COUNTY 0ennIa C. HegDerg ot.cri=t 1 811....... DIatril:t :z W...,~_ Clmtl:t 3 MY\'lI ~ ot.cri=t 4 CIak StaffOfd ot.cri=t 5Ia.r COUNTY BOARD AGENDA NOVEMBER 14, 2000, 9:00 A.M. Roll Call Comments from the Public V"uiton may Muzre their C01IaI7'1f$ wiih the County Board of Co7lf1trissiOMn on any iIDn on 01' not on thl!l agt<1lda. Tn. ChaU will d:inct thI!I County AdminimTztoT to prrptzrrI rapoMU to your COncernJl. You are enccvrr:pd not to bI!I repetitiou3 ofpTl!lviOWl ~ atu:i to limit yow- ~ to ftw rnin:Ita. Consent Calendar Transportation and Physical Development - Don WISniewski, Director Advertise for Bids and Execution of the Development Agreement with the City ofW oodbury for the Woodbury Library and Indoor Park General Admini~tion - Jim Schug, County Administrator A. County Policy of Interviewing Applicants to Certain Advisory Committees B. Appointments to County Finance Committee and County Internal Audit Committee C. HRAlCottage Grove Settlement of Supplemental Service Charges Commissioner ReportS - Comments - Questions Thu period of ti7lll!l3haIl b. rued by tlrs C071l1lfi33ionen to report to tlul full Board on committu activitia. make commenl3 on matten of interet atu:i infomuztion, 01' rrzi.fe que:rtioru to the najJ Thh action u not intended to rault in mbstantive board action during thu time. Any action ~ bt:cau3eof tii3cumon will b1!13cheduJed fOT ajUturs boarri 7MtIting. Board Correspondence Adjourn Board Workshop with Office of Admini~tration Community Development Block Grant Allocation Formula and Advisozy Committee Composition Board Workshop with Financial Services Department Discuss Collection Efforts in Washington Co~o/ Stillwater License Center Dedication - River Heights Plaza ************************************************************* Date November 14 November 14 November 15 November 15 ~ber 15 ~ber 16 November 16 November 16 MEETING NOTICES Committee Time Location Personnel Committee 2:00 p.m. Washington County Government Center Mental Health Advisory 4:00 p.m. Washington County Government Center Metropolitan Mosquito Control Executive Comm. 9:00 a.m. 2099 University Avenue West - S1. Paul Rush Line Steering Committee 3:30 p.m. White Bear Lake City Hall Transportation Advisory Board 2:00 p.m. 230 E. 511l Street - Mears Park Centre Workforce Investment Board 7:30 a.m. Washington County Government Center Community Corrections 7:30 a.m. WashingtonCollIl1y Government Center Resource Recovery Executive Committee 8:30 a.ill. 1670 Beam Avenue - Maplewood A.ui:rtivlJ Ii3taning dtJvice.!l are sVlliJabltl for U3e intha Ccunty8ollrdRoom "you nll,.d /M$utltnclt dUll to di"ltbilitr... or Iltnou!!!1" bll"j",( 01118311 elt/f 430-6000 (TDD 43~322Q) EUUAL EMPLOYMENT OPPORTUNITy I AFF RMA TlVE ACTION EMPLOYER W ASHlNGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 14, 2000 . The following items are presented for Board approval/adoption: DEPA.RTl\tlENT/ AGENCY ITEM Financial Services A. Approval to revision of Policy #2014, Petty Cash and Change Funds, to include a petty cash fund of $25.00 at the Historic Courthouse. fIurnanResources B. Approval to ratify the 2001 Meet and Confer Agreement with non-union employee groups including Department Heads, Confidential Supervis ors and Confidential employees. C. Approval of banding/grading recommendation of the Comparable 'tV orth Committee: New Classifications and job descriptions of Management Analyst I at C41-1 and Management Analyst IT at C43-1. Recorder D. Approval of Plat of Oak green Meadows, Denmark TmvllShip. . .Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in One vote. . Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. NOV-10-2000 14:28 CITY OF OPH p.02/03 . CITY OF OAK PARK HEIGHTS TUESDAY, OcrOBER 24, 2000 CITI COUNCIL MEETING AGENDA 7:00 P.M. 6:30 p.m. Canvass of Election (1) 7 :00 p.m. I. call to Otder/Aunroval of Aienda 7 :05 p.m. II. Deparl:tnentlCouncil Liaison Reporl:l A. plmning CoJ11l11i9sion ' B. Parks Commission c. cable Commis.ion D. Wa.te! Management Orga.11izaticns 1. Brown's creek W a~ershed District 2. Middle St. Croix Watershed District 3. Valley BranchWatershec1 District. E. Other Liaison/Staff reports 1. Blue Ribbon Fire Committee 7:15 p.m. III. Visitors/Public Comment A. RecydiJ:lg Award (2) . This i. om opporlurrity for the public to aJJresa the Co\t;t1c:il with ~elltion' or COnQerIUl on ~IIUe8 not part of tbt regula-r aier.da. (Pleuc limit comments to 3 minutes in lengtb.) ... ') 0 .1.:_ p.m. IV. Consent A~enda (Roll Call Vote) A. Approve Bills & Inve~bnents B. Approve City Council Minutes -October 24, 2000 (3) C. ApprCNt Audit Agreement for Annual Audit (4) D. Community Development Block Grant Update (5) 7 :30 p.m. V. Public Hearings A Set Public Hearing on the Issuance of Re\.'enue BondS to Finance Final Debt for an Elderly Housing Development (6) 8:00 p.m. Vl. New BU8iness A. TH 36 SublLrea Study (1) B. League of Mmnesota Cities/National League of Cities (8) C. Set In~rview for Parks Commillsion Applicant (9) . t'-,OU-10-2000 14: 28 C ITY OF OFH ~.03/03 8:15 p.o. VII. Old Business A. B. C. D. E. F. B.O.\\7.S.R. update (10) Utility Update (11) General Fund Balance History (12) Capital Revolving Fund Upda.te (13) Groundwater AdvisoX}'" Committee (14) Chamber of Commerce Question (15) 8:30 p.m. VIII. Executive Session 9:00 p.m. LX. Adioumment S . I 'h' ~_,_1' I [ 'I OCU:'I gat crmg Cll ~p'al:641 $ t" ;a/IOW TCiTHL F.0] . . . 3 -- ~. .~ 4. 5. 6. . 7. 8. BROWN'S CREEK WATERSHED DISTRICT 1825 CUrY6<Crest Boulevard, Stillwater, MN 55082 Tel: 651-430-6826 Fax: 651-430-6819 AGENDA REGULAR l\tlEETING OF THE BOARD OF LVIANAGERS November 13, 2000 1. Call to order @ 6:30 P.M. 2. Approve Agenda Board Meetings are held at 6:30 p.m., at 1825 Curve Crest Boulevard, Stillwater, j\-fN 3. Approve minutes of October 9th 20ad meeting Treasurer's Report (Gordon) a) 1997-1999 Audit results b) Discussion of accounting package/software and "standard watershed" accounting procedure 7:00 P.M. PUBLIC HEARING ~ Kismet Basin Project Watershed Management Plan a) Draft \Vatershed Management Plan - Update b) October 12th Community Meeting Summary c) Set meeting dates with communities Washington County Water Governance a) Update on petition to enlarge Brown's Creek to include the nonhern portion of the Middle St. Croix WivfO. - Discussion of issues regarding enlargement THPP a) b) Update on final contract issues Reporting floodplain elevations to local units of government for Goggins, South School Section, North School and Plaisted Lakes Gas pipeline maintenance contingency plan c) 9. RuleslPermits <a) Coves of Stillwater permit update (#00-01) b) Heritage EmbroiderylKellisonCo - Exception to BCWD Rules b) Valley Branch/Brown's Creek boundary change petition - Discussion of draft petition 10. Old Business/New Business a) D~"R Infiltration Monitoring Grant - Action - Accept/decline D~K Grant b) Appointment of Secretary II. COITlmunications & Reports . Executive session, if required 13. Adjoumment- .\Ian3gers: Craig Leiser, President . K:ucn Kilberg, Vice-President . E.1. Gordon, Treasurer · Don Peterson . NOTICE OF PUBLIC HEARING BRO\VN'S CREEK WATERSHED DISTRICT PLEASE TAKE NOTICE that on Monday November 13, 2000, at 7:00 p.m., the Brown's Creek Watershed District Board of Managers will hold public hearing to accept and consider public comments regarding the ordering of the District's Kismet Basin project. The Kismet Basin project is intended to stabilize water levels in the Kismet Basin area while protecting trout habitat by discharging lake water into a multi-cell drainage system. The approximate total cost is $225,000 and will be financed through an ad volorum tax on Brown's Creek Watershed District property owners. The hearing is pursuant to Minnesota Statutes 103B.251. Dated this 25th day of October, 2000. The public hearing will be held at the offices ofthe Washington Soil and Water Conservation District, 1825 Curve Crest Boulevard., Stillwater, Minnesota. Craig Leiser, President, Browns Creek Watershed District. . . . November 9, 2000 STILLWATER TOWN BOARD MEETING Town Hall 6 : 5 5 P. M .~ Present: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt, Louise Bergeron and Ken LaBoda. Also, Attorney Tom Scott, Planner Meg McMonigal and Treasurer Warren Erickson. Canvas Of Election M/S/P Bergeron/Untiedt moved to accept the results of the township portion of the 2000 general election as attached to these minutes. (3 ayes) ReGular Meetino 7:00 P.M. Ken LaBoda arrived. 1. AGENDA (4 ayes) ._ e. - M/S/P Ber~~ron/Untiedt ~moved to adopt the agenda as amended. M I NUT E S - - M / S / PUn tied t I B erg e ro n move d to a p pro vet h e 10/24/00 Sti llwater_ Towns!1ip Bu~get Meeti.ng:ffi"inute_s- ?s_, wri~tten.,. (4 ayesL, - M/S/P Untiedt/Bergeron moved to approve the 10/26/00 Stillwater Town Board Meeting minutes as written. (4 ayes) M/S/P Bergeron/LaBoda moved to approve the 11/1/00 Town Hall Renovation Meeting minutes as written. (4 ayes) 3. TREASURER- 1. M/S/P Bergeron/LaBoda moved to approve a budget of $661,186.00 and levy of $517,113.00 for 2001 (4 ayes) 2. Checks #1442 through #1469 were approved for payment. 3. M/S/P Bergeron/LaBoda the treasurer is authorized to transfer $100,139.18 to the 1997 Road Project debt service fund. (4 ayes) 4. ATTORNEY - Will look into the feasibility of paying off the 1997 road bond debt. 5. PLANNER - A game plan for reviewing township ordinances re: towers and looking at changes that are needed is to be developedJ The planner is to put together a time line for accomplishing th.is and have it sent to the supervisors and planning commissioners before the November 30 pl~nning commission meeting. .e Docksteader Subdi vi sion hearing will take pl ace at the November 30 planning commission meeting. Stillwater Town Board Meeting - 11/9/00 Page Two 6. PEOPLE - . 1. Eileen Sexton was present to speak about tower issues: a. Viewsheds are necessary for tower issues, and currently no one is using them. b. Marine-on-St. Croix has established a tower moratorium. c. Several bills to be decided suggest changes to tower acts such that "they pay for what the communities want." 2. Don Peterson was present to ask for comments about the Brown's Creek second generation plan. The supervisors expressed that they don't see anything that is raising high levels of concern. 7. CONDITIONAL USE PERMIT - M/S/P Untiedt/Bergeron moved that the planning commission recommendations granting a conditional use permit to the St. Croix Christian Academy to operate a school at the Stillwater Evangelical Free Church be approved contingent upon the following: 1. A letter regarding the septic be received. 2. County matntenance requirements for septic systems be adhered to. 3. Any additional signage will be subject to review by the town board. 4. No outdoor storage will be allowed. 5. The maximum number of students allowed is 50. (4 ayes) 8. VARIANCE HEARING - Art Palmer is requesting a 297 foot variance to the total square footage allowed for accessory buildings and number of buildings on five acre parcels. Also he is requesting that the proposed accessory building be placed closer to the road right-of-way than the principal structure. . M/S/P LaBoda/Bergeron moved that variances for the 3 issues discussed be denied to Mr. Palmer as hardships have not been proven. (4 ayes) 9. BLOCK GRANT FUNDING - M/S/P Untiedt/LaBoda moved that the township's share of the block grant funding be redistributed for use by other - communities in Washington County. (4 ayes) 10. PROJECT MANAGER - TOWN HALL RENOVATION - As soon as Maury Stenerson is finished with the plans and specifications for the town hall renovation, requests for a project manager will be advertised. Request~will be made for proposals prior to the first meeting in January. 11. COMMITTEE TERM RENEWALS - Planning commission and park committee members whose terms are up will be asked to notify the town clerk in writing in time for the December 14 town board meeting if they want their terms renewed. 12. ADJOURNMENT - Meeting adjourned at 9:50 p.m. Clerk Chairperson . Approved 1. 9:00 2. 9:30 3. 9:30 4. 9:40 5. 9:40 I '. I 10:00 , i 7. 10:10 I I 8. 9. 10:30 10. 10:40 to 11:40 WASHINGTON COUNTY DennIs c. Hegberg Oktrict 1 BII PuIIaaDeC Oktrict 2 Walltr Abraham..... Dktrict 3 Myra Petenon DiItrict 4 Dick Stafford District 51Cbair COUNTY BOARD AGENDA NOVEMBER,21, 2000, 9:00 A.M. Washington County Regional Railroad Authority Convenes A. Roll Call B. RRA Meeting Minutes from November 7,2000 C. Review Regional Railroad Authority Activities D. Adjourn Washington County Board ofCommi~oners Convenes Roll Call Comments from the Public V"uiton may share their concenu willi the Cotmty Board of Commissionen on any item on or not on the agenda. The Chair 'Nia direct the Cormiy Administrator to prepare responses to )lOW' C01lCl!T7U. You are encauraged not to be npelitio= of previous speakers and to limit your addras to five 71Iinute3. Consent Calendar Transportation and Physical Development - Jim Luger, Parks Director Hardwood Creek Trail Snowmobile Use General Admini~tration - Jim Schug, County Admini~trator Department Head Classification and Salary Plan Commissioner Reports - Comments - Questions This period of time shall be wed by the Commissioner.! to report to the full Board on committee activities, make comments on matters of intc=( and information, or raise questions to the sta.ff. This action is not intended to ruult in substantive board action during this time. Any acti.an necessary becawe of discussion will be scheduledfor a future board meeting. Board Correspondence Adjou...-rn Board Workshop with the Office of Admini~tration 2001 Legislative Agenda ************************************************************* Date ~ber21 N~er21 MEETING NOTICES Committee Location Time liRA Board Meeting Public Health Advisory Committee 321 Broadway - St Paul Park Washington County Government Center 4:30 p.rn. 5:30 p..ID. ~tive ist-ening dllv~ ... _a..ble for use in the C<Junty 80m Roam If xou need -..ist1lnCe dUll to d~1tf.. or ittJ!7gUl!9" /J6rrie'(.pJ"JUe alII 430-6000 fTDD 43$032201 EuUAL EMPLOYMENT OPPORTUNffY I AFFIHMA TIVE ACTION EMPLOYER .... WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 21, 2000 . , -.; The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the November 7,2000 Board Meeting minutes. Human Resources B. Approval to modify Sections 18 (Employee Development) and 19 (Reimbursement of Travel and Related Expenses) of the County Personnel Rules and Regulations. ' C. Approval of 13-month Special Project Social Worker I position in the Department of Community Services. Recorder D. Approval of user contract for access to the Washington County Recorder's Office Internet Site. Transportation and Physical Development E. Approval and execution of operations grant to the Washington County Historic Society. . .Consent Calendar items are generally defined as Items 'Of routine business, not requiring discussion, and approved in one vote. Conunissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. . , NOU-17-2000 11:44 CITY OF OPH P.02/02 . CITY OF OAK PARK HEIGHTS CIlY COUNCIL WORK SESSION TUESDAY, NOVEMBER 21, 2000 6:00 P.M. 6:00 p.m. The Bridge (1) 6:45 p.m. Housing Propo/!a1 (2) 7:30 p.m. Street Lighting Study . 8:00 p.m. Oakgreen Trail 8:30 p.m. Underground Utilities (3) 8;45 p.m. Righi: of Way (4) 9:00 p.m. Adjourn. . TO-AL P.82 ", . . . Stillwater Public Library 223 North Fourth Street Stillwater, Minnesota 55082-4806 Tel. (651) 439-1675 Fax. (651) 439-0012 Minutes - Board of Trustees Meeting October 1 0, 2000 Present: Bill Fredell, Bill Hickey, Rick Hodsdon, Victor Myers, Jessica Pack, Mary Lou Rice Absent: Sue Nelson, Nick Gorski, Pat lockyear. Staff Present: Lynne Bertalmio, Carolyn Blocher. 1. Call to Order at 7:02 P.M. 2. Adoption of the Agenda: M/S/P Fredell/Myers 3. Communications: A compliment was received regarding telephone reference service; requests were received for Advocate Magazine and for more westerns on audiocassette. 4. Visitors: Observing the rough-and-tumble world of the Ubrary Board was Cassandra, a student in the Ubrary Science program at St. Catherine's. 5. Consent Calendar: Adopted, including bills in the amount of $16,374.47. Minor changes to the Circulation Policy (to keep up-to-date with current practices and to meet conditions imposed by WCl) were noted. M/S/P Rice/Myers. 6. Ubrary of the Future discussion: A discussion regarding "Sense of Place" was conducted; common elements described by Board members as important to a distinct sense of place were: sequential vision, long vistas, cappuccino; serendipity, plazas and other sociable (but not crowded) spaces, cappuccino; safe spaces for kids, amenities, natural light, cappuccino; quiet or contemplative space, a sense of "here/there", and cappuccino. A word association exercise was also done noting qualities connotated by the words "convenienf and- "comfortable" (this list is attached). 7. 2001 Board vacancies: Board members were reminded to begin identifying likely candidates for the upcoming vacancies. Creating an information packet to distribute to interested parties was discussed. 8. Centennial Facilities Renewal presentation: The final draft of the report was reviewed, and minor revisions were made. Final copies will be delivered to City Hall via the Ubrary on October 12th, and the formal presentation to the Council is at 4:30 on October 17th. 9. Internet Access Policy: MElSA is still investigating, and WCl's task force has made no recommendations. 10. MLA conference: Various sessions were discussed, and attendees gave their views of the various seminars attended. The fund raising seminar and the talk by Lynne Rosetto Kasper were noted as especially good. It was also made plain that confusion will reign supreme at the legislature this year, as no presenter had any clear idea what would be on the calendar. y Page 2 11. 2001 Board Meeting CaJendar: Adopted. M/S/P FredelVPack 12. 2001 Holiday Closing Calendar: Adopted. M/SIP MyersIHickey 13. Adjournment 8:35 P.M. . . . ,,- . . . Library of the Future - Word Attributes Exercise Words are in no particular order or priority. "CONVENIENCE" · Drive through drop-off and pick-up "COMFORr · Great chairs . Easy to find things . Easy to see things . Fast in and out . Quick reference access . Ease of physical access . Good lighting . Unselfconscious usability . Seating locations varied and well distributed . Hours of operation . Proper study areas ( size/type/segregation/variety) . Catalog and website organization/features . Adequate and flexible IT system . Properly equipped meeting spaces . Exhibit and special use spaces · Conv.ersational and solitary furniture groupings · Good lighting · , Natural light · Proper heating and air conditioning control · Wider aisles · Spacious feel · Exhibit and special use spaces · Proper acoustical zoning · Unselfconscious usability ~ . . . November 13, 2000 Michael Koop Minnesota Historical Society 345 Kellogg Blvd W. St. Paul, MN 55102-1906 Dear Mike: r illwater '~ ~ TH~RTHPLACE OF MINNESOTA ~ Enclosed is the 1999 - 2000 Annual Report to the State Historic Preservation Office from the Stillwater Heritage Preservation Commission for your review. If you have any questions, please contact me at 651 430-8822. Sincerely, ~~ Sue Fitzgerald City Planner CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 ~ . Heritae:e Preservation Commission Members Howard Lieberman, Chairperso Roger Tomten Jeff Johnson Dean Miller Beth Diem Phil Eastwood Bob Kimbrel (resigned 11-1-00) Annual Preservation Awards The HPC awards were presented at the May 2, 2000 City Council meeting. National Preservation Week was May 14 - 20. The awards presented were as follows: Renovation of a Building - Mark S. Balay Architects Signage Award - LaBelle Vie Restaurant Heritage Award - Freight House Restaurant Design Award - The Stillwater Territorial Prison Hotel Design Hersey Staples & Co. Addition for National Ree:ister Identification and Evaluation Study The HPC was involved with surveying, photographing and recording the architectural styles of homes in the above study area. Each member of the committee was responsible to survey and . photograph about 20 homes. See Exhibit B. Heritae:e Preservation Conference On September 28 and 29 all but one commissioner of the HPC attended the 21st Annual Statewide Preservation conference in Winona, MN. The commissioners selected different programs that were offered at the conference. At the following HPC meeting each Commissioner reported what they had saw and learned at their workshop or tour. Desie:n Guidelines Revisions HPC continues to work on the Downtown Design Guidelines revisions that were started last year. Footnote The HPC achieved one major boost to the historic district. Maple Island, a defunct dairy manufacturing building on North Main Street went through final HPC design approval. The entire building has been restored to house a hardware store, a wine shop, a food coop store and a bookstore to name some of the businesses located. This is not a historical building, but it is in the "historic district" and has now become a contributing building to the district. In addition to renovating an old building, the owner help create a contributing building to the historic district through the use of signage and awnings. (Exhibit C). . ,... . . . c"^\tlt)\T .~ r illwater ~ - ~ --- -~ THE BIRTHPLACE OF MINNESOTA J " HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILL WATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, NOVEMBER 6, 2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of October 2, 2000 minutes. 1. Case No. DR/V /00-75. Design review of landscaping for an office at 1709 South Greeley Street. John Diana, applicant. 2. Case No. DR/SUP/00-79. Design review of an exterior sign for Trinity Lutheran Church at 1616 West Olive Street. Pastor Steven Molin, Our Saviors Lutheran Church, applicant. 3. Case No. DR/OO-31. Design review of exterior modifications at 226 E. Myrtle Street. Tom Brownson, applicant. 4. Case No. DR/OO-32. 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('\I ..- 0 m o 0> 0 0 Cll o~g~~~~~~~~~~~~~~~~~~~N~~~~~~~~~re~~~~ ooooOooooogooooooooooooo~oo_Oooooooooo oooo~ooooo~ooooooooooooo'oo 000000000 (i(i(i(i:)(i(i(i(i(i~(i(i(i(i(i(i(i(i(i(i(i(i(i~(i(i~(i(i(i(i(i(i(i(i(i OOOOCl)OOOOO>OOOOOOOOOOOOOCl)OOCl)OOOOOOOOO . ..-('\I('I)~l.Om~OOO>~~~~~~~~~~~N~~~~~~~reg~~~~~~~~~ . . ~ ~ . block. Mr. Lieberman asked about the proposed location ofthe building signage. Mr. Bouley explained that the tentative plan is for the signage to be on the wall ofthe building facing the street, towards the front entry. Mr. Johnson asked ifthere would be other signage. Monument signs are not allowed in this part of the business district. Mr. Bouley mentioned that because ofthe angle ofthe property, they may request additional signage on the rear side of the building. (facing Curve Crest Blvd.) Ms. Fitzgerald advised that this would probably require a variance. Ms. Pierre asked if window signage would be allowed. Mr. Johnson stated that since this is not an impulse shopping facility, additional signage would probably not be necessary. Ms. Pierre stated that because of the proximity of the Rec. Center and the fact that they sell licensed sports attire, she was interested in those patrons and "impulse" buyers. Mr. Bouley stated that they will probably be seeking a variance for the signage then. Ms. Pierre asked if an address, displayed on the building, counted as part of the signage. Ms. Fitzgerald explained that addresses are not considered business advertising. Mr. Tomten asked about the landscape plan and Ms. Fitzgerald stated that Mr. Bouley was made aware of the fact that no Certificate of Occupancy would be issued until the plan was completed. Mr. Johnson moved for approval as conditioned with the sign package being submitted separately and that the berm/landscaping meets with staff approval. Seconded by Roger Tomten; Ms. Diem abstained from voting; motion passed by the remainder of the quorum. . Case No DROO/31 Design Review for 631 Hidden Valley Court. Present Pete Brockman, owner. Mr. Johnson questioned Mr. Brockman whether or not there was going to be water/sewer service to the accessory building. Mr. Brockman stated that there would be electricity only, no heating or plumbing. It was determined that this applicant did not need approval of the HPC because this was not an accessory dwelling unit. Ms. Fitzgerald explained that Mr. Brockman would be refunded his design review application fee. Mr. Johnson advised that a variance may be required, from the Planning Commission, for set-backs and fence. No action was necessary. Other items: . Roger Tomten talked about the HPC conference of September 28 and 29, along with Beth Diem, Jeff Johnson and Sue Fitzgerald who also attended. Stillwater issues, including the bridge dilemma came up several times at the conference. Overall, everyone felt that the sessions were well-attended. . The meeting was adjourned at 9:15 p.m. Respectfully submitted, Kathy Rogness Recording Secretary . ~ . . . r illwater ~ . ~ T H ~I R T H P LAC E 0 F M INN E SOT A i) HERITAGE PRESERV ATIONCOMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILLWATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, OCTOBER 2, 2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of September 6, 2000 minutes. 1. Case No. DR/00-26. Design review of exterior signage for Yacht Brokers at 221 North Main Street. Brian Michael, applicant. 2. Case No. DR/00-27. Design review ofa trash enclosure for DarIa's Grill and Malt Shop at 131 South Main Street. Jennifer and Chris Cosgrove, applicants. 3. Case No. DR/00-28. Design review of proposed building for St Croix Orthopaedics, P.A. at 1701 Curve Crest Blvd. Robert Nuffort, applicant. 4. Case DR/00-29. Design review for exterior signage at 112 N. Main Street (formerly Cat Balou's). Scott Junker, applicant. 5. Case No. DR/00-30. Design review of a retaiVoffice building at 1700 Market Drive. Chad Bouley (Kellison Co.) representing the applicants. 6. . at o lJJ 1 it-t J:> ~ Other items: a. September 28 and 29, 2000 Historic Preservation Conference Review. b. Carli & Schulenburg's Addition Update. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ~ . . City of Stillwater Heritage Preservation Commission September 6, 2000 Present: Howard Lieberman, chair Beth Diem, Jeff Johnson, Dean Miller and Roger Tomten Others: Planner Sue Fitzgerald Absent: Phil Eastwood and Robert Kimbrel Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Miller, seconded by Mr. Tomten, moved approval of the minutes of Aug. 7, 2000, as presented; motion passed unanimously. Case No. DR/OO-24 Design review of proposed storage building at 1709 S. Greeley St. Tom Hoffman, applicant. Mr. Hoffman was present. Mr. Johnson moved approval as conditioned, saying the applicant had done a good job of dealing with HPC concerns expressed at the August meeting regarding the proposed building materials and the height. of the garage doors. Ms. Diem seconded the motion; motion passed unanimously. Case No. SUB/DR/OO-64 Design review of a drive-thru facility at 1820 Market Drive. Dave Reimer, applicant. Present were Dave Reimer and Paul Williquette, owner of the local Dairy Queen franchise. Mr. Williquette explained he is seeking permission to move to the location on Market Drive; the space would be subleased from LeeAnn Chinn's, Mr. Reimer said. There will be no changes to the exterior lighting from that previously approval for LeeAnn Chin's; the awning will be the same shape, but the color will be changed to a royal blue. Ms. Fitzgerald informed the applicant logos are not allowed on the awning or directional sign. Mr. Williquette asked about the possible use of an ice cream symbol on the directional sign. Mr. Reimer noted there is a sign plan in place for the PUD which Mr. Williquette will have to adhere to. He suggested that they return with a sign package that meets both the PUD and city criteria. Mr. Tomten moved approval as conditioned, with the additional conditions that there be no signage on the awning and that the applicant return with a sign package. Mr. Johnson seconded the motion; motion passed unanimously. Case No. SUB/DR/OO-62 Design review of an accessory dwelling unit at 711 S. First St. Jeff and . Rita Ross, applicants. 1 ~ . . . City of Stillwater Heritage Preservation Commission September 6,2000 Mr. Ross was present. He questioned the condition of approval that the garage be of similar materiaVcolor as the primary structure. He stated the house is clapboard, and he would like the option of using board and batten for the garage; Mr. Tomten noted that board and batten and clapboard are of the same time period. Regarding color, Mr. Ross said he thought using blue to match the house might be too much, noting the garage will be set back 50 feet from the road. The front gable of the new garage will be the same as the house; the side gables will be more plain, he said. The roof pitch also will match the house. Mr. Johnson suggested doing something with the transom light to reduce the forehead space at the front elevation. The window sash will be one-over-one with the exception of those at the rear elevation. Mr. Johnson asked what the HPC's charge is in such matters, pointing out that other garages have not come before the group. Ms. Fitzgerald stated HPC review is required because the request is for an accessory dwelling unit. Mr. Johnson moved approval, allowing vertical batten as an option, with of the new structure to be compatible with the color pallet of the house and the color submitted to staff for review. Mr. Miller seconded the motion; motion passed unanimously. Other items: · Ms. Fitzgerald asked members about plans for attending the annual Historic Preservation Conference. She stated she had not received any information as of meeting time. Ms. Fitzgerald will call members with the conference schedule and for their final attendance plans. · Ms. Fitzgerald updated members on the signage at the Valley Bookseller. The applicant did not receive a requested variance from the Planning Commission for the V logo on the front elevation. Ms. Tilson then asked Ms. Fitzgerald for approval to eliminate the lettering on the awning in exchange for use of the graphic on the front elevation. Ms. Fitzgerald said an HPC member was in her office when the request was made, and the decision was made to give approval. · Ms. Fitzgerald informed members that Mr. Empson was the only person who responded to the RFPs to conduct the Carli-Schulenburg survey. Mr. Miller, seconded by Mr. Tomten, moved to accept Mr. Empson's proposal; motion passed unanimously. Ms. Fitzgerald passed out house assignments; she stated she would like members to have their research done by November and asked that they keep track of their hours and film receipts. · Mr. Lieberman raised the issue, brought to the HPC's attention by Mr. Empson, of a barn/stable that had been demolished in violation of the city's ordinance. Ms. Fitzgerald explained that she had a conversation with Rodney Bahr, the developer who demolished the structure, and informed him of the city's demolition ordinance. She stated Mr. Bahr had seemed cooperative. Subsequent to that conversation, she said she asked City Attorney David Magnuson to send a letter to Mr. Bahr regarding the ordinance. However, the building department was under the misconception the ordinance only applied to dwelling units, not to outbuildings, and issued Mr. Bahr a demolition permit. Mr. Lieberman said he was not 2 .,.. . . . /' City of Stillwater Heritage Preservation Commission September 6, 2000 · comfortable with letting the matter go. After discussion, it was decided to send Mr. Bahr a letter informing him again of the city's ordinance and telling him that a contractor's license to be business in the city is a privilege. · Mr. Lieberman asked about the structure on the lot behind Sandy Hudson's business in downtown Stillwater. Ms. Diem raised a question about the garage at Churchill and South First. Ms. Fitzgerald will check into those two issues. · Ms. Fitzgerald said she had talked with the person from the Yacht Brokers regarding that signage that is in violation of the sign ordinance. She said the Yacht Broker owner said Mr. Stefan had told him the sign was permissible. It also was noted the banner is still up at the hardware store. Ms. Fitzgerald will speak with Mr. Stefan regarding those two matters. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Sharon Baker Recording Secretary 3 ~ . r illwater '~ ~~ THE BIRTHPLACE OF MINNESOTA J HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILLWATER HERITAGE PRESERVATION C01WISSION WILL MEET WEDNESDAY. SEPTEMBER 6. 2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of August 7, 2000 minutes. . 1. Case No. DRJOO-24. Continued from August 7, 2000 HPC meeting. Design review of proposed storage building at 1709 Greeley Street South. Tom Hoffinan, applicant. 2. Case No. SUPIDRJOO-64. Design review ofa drive thru faculty at 1820 Market Drive. Dave Reimer, applicant. _~~//)_D___ ,t:\ 3. Case No~ Design review of an accessory dwelling unit at 720 North Everett Street. Jim and Julie Moy, applicants. Other Items: a. Update on the 21 st Annual Statewide Historic Preservation Conference. b. Signage for The Valley Bookseller update. c. Review and recommendation ofProprosals for Carli '& Schulenburg's Addition investigator. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ~ . . . City of Stillwater Heritage Preservation Commission August 7, 2000 Present: Howard Lieberman, chairperson Beth Diem, Phil Eastwood, Jeff Johnson, Dean Miller and Roger Tomten Others: Planner Sue Fitzgerald Absent: Robert Kimbrel Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Miller, seconded by Mr. Tomten, moved approval of the minutes of July 5, 2000; motion passed unanimously. Case No. DRJOO-22 Design review of exterior signage for Merrill Lynch at 219 N. Main St. Hi- Tech Signs, representing the applicant. Grant Skoop of Hi-Tech Signs was present. He explained that Hi-Tech is just the installer of the signage; the lettering is made by a firm in California. He explained the process by which the lettering is applied to the building. Mr. Tomten stated he had reviewed the sign package for the 2nd phase of the Maple Island building project. The approved sign package provides for six primary sign bands - three on the Main Street elevation and three on the Water Street elevation. He noted that the Merrill Lynch sign would be the third sign on Main Street. Mr. Tomten said he thought the proposed Main Street signage is OK, but said he had a problem with the Water Street elevation in that the proposed location does not reflect the entry or exit space ofthe business. Mr. Johnson agreed the Water Street entrance is not well defined. He noted the applicant can use up to 1/3 of the window glass for signage. He also suggested that consideration be given to a directory of tenants. Mr. Johnson, seconded by Mr. Eastwood, moved to approve the west elevation signage and deny the east elevation signage, incorporating the business into a building directory and utilizing the allowable window space instead. Mr. Lieberman questioned rejecting the second sign until it is determined that the applicant is not entitled to the signage. Mr. Johnson said the requested Water Street sign could be denied because there is no entrance at that location. Mr. Eastwood asked if an applicant must have an entrance to have a second sign if the applicant has frontage on two streets. Ms. Fitzgerald said in reading the ordinance, there is no mention of entrance or building level in reference to that issue. Mr. Eastwood said he would withdraw his second of the motion if the request is within the approved building sign plan and meets the ordinance requirements. 1 ,.. . City of Stillwater Heritage Preservation Commission August 7, 2000 Mr. Johnson asked whether the applicant would be flexible in moving the requested Water Street signage to a location near the Water Street entrance. Mr. Skoop said he didn't think there would be a problem with that. Mr. Johnson then withdrew his original motion. Mr. Lieberman moved approval of the Main Street signage, as conditioned, with staff to determine an appropriate placement for the Water Street signage. During the discussion it was noted there currently is a non-conforming sign for Yacht Brokers on the Water Street side of the building. Mr. Tomten suggested adding a condition that the developer be informed the existing sign is non-conforming and also to remind Mr. Stefan that the approved sign plan allows for just three primary sign bands on the Main Street and Water Street elevations. Mr. Johnson seconded the motion; motion passed unanimously. Case No. SUPN /DRiOO-53 Design review of modified conceptual plan for a 170 room hotel, restaurant and conference center at 606 N. Main St. Territorial Prison Coalition Inc., applicant. . Present were Mike Borum of Territorial Prison Coalition and Mark Finneman of the architectural firm, Finn Daniels. Mr. Finneman explained the primary change is the addition of a 30-unit wing to be constructed behind the main prison building. He stated the developers need 170 rooms to make the project economically feasible. There also has been some change in the mezzanine area to accommodate more rooms, he said. The concept of the inside of the buildings is much the same as originally proposed, he said. The hotel addition will be as unobtrusive as possible; it will be connected to an existing one-story structure in the service area. Mr. Finneman said he had met with Charlie Nelson of SHPO a number of times. Mr. Johnson asked about items to be removed/demolished as indicated in the demolition notes in the architectural renderings in the agenda packet. Mr. Finneman said the intent is to replicate or recapture the original structures to the extent possible except on the service side of the building. Mr. Finneman noted the project is continuing to evolve and the front lobby may well change. Mr. Johnson said it is important that the original window and door openings be maintained and that the connecting building be minimal. Mr. Lieberman asked whether it would be useful for an HPC member/staff member to attend future meetings with Mr. Nelson; Mr. Johnson agreed that would be a good idea. Mr. Miller, seconded by Mr. Johnson, moved support of the proposed modified design concept for a l70-room hotel, restaurant and conference center as conditioned and to have the HPC chair/designee serve as an ongoing liaison in future meetings with Mr. Nelson. Motion passed unanimously. Mr. Finneman said once the pricing package is determined, the applicant will come back with more definitive design plans. Mr. Johnson said there is a security issue with the building that . should be addressed; Ms. Fitzgerald will look into that matter. 2 ~ . . . City of Stillwater Heritage Preservation Commission August 7, 2000 Case No. DR/OO-23 Design review of an exterior sign at River Heights Plaza. DeMars Signs, representing Euro Nails, applicant. Bihn Lee, owner, was present. Mr. Johnson noted that the business has 18 feet of frontage and the proposed signage is a little over the allowed 18'. He asked it the placementlheight of the lettering is consistent with neighboring businesses. Mr. Johnson moved approval as conditioned with the applicant to work with staff so the elevation/location of the signage is consistent with neighboring businesses. Mr. Miller seconded the motion; motion passed unanimously. Case No. DR/OO-24 Design review of proposed storage building at 1709 S. Greeley St. Tom Hoffman, applicant. The applicant was not present. Commission members had some concerns about the proposed building material and the height of the doors. Mr. Lieberman moved to continue the request to the September meeting due to the concerns and to provide the applicant with a copy of the Business Park design guidelines. Mr. Eastwood seconded the motion; motion passed unanimously. Other items: · Ms. Fitzgerald said she will be contacting Amoco regarding the promise to return the downtown station/store to its pre-storm condition. · Ms. Fitzgerald said she would contact Yacht Brokers regarding the non-conforming sign. · Mr. Tomten informed members that the St. Croix River Association would be hosting a forum on bridge proposals at 7 p.. Wednesday, Aug. 16, at the Stillwater Armory. Mr. Lieberman said he would be attending a meeting of the RTR bridge committee scheduled for the Wednesday following the August HPC meeting as a representative of the HPC. A discussion of bridge issues ensued. The recording secretary left at 8:45 p.m. Respectfully submitted, Sharon Baker Recording Secretary 3 ,.. . r illwater ~ ~ TH:-;-;RTHPLACE OF MINNESOTA ~ HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILL WATER HERITAGE PRESERVATION COMNIISSION WILL MEET MONDAY, AUGUST 7, 2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of July 5, 2000 minutes. . 1. Case No. DR/00-22. Design review of exterior signage for Merill Lynch at 219 North Main Street. Hi Tech Signs, representing applicant. 2. SUPN /DR/00-53. Design review of modified conceptual plan for a 170 room hotel, restaurant and conference center located at 606 North Main Street. Territorial Prison Coalition, Inc., applicant. 3. DR/00-23. Design review of an exterior sign at Riverheights Plaza. DeMars Signs, representing Euro Nails, applicant. 4. DR/00-24. Design review of proposed storage building at 1709 Greeley Street South. Tom Hoffman, applicant. Other items: . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ~ . . . City of Stillwater Heritage Preservation Commission July 5, 2000 Present: Howard Lieberman, chairperson Beth Diem,Phil Eastwood, Jeff Johnson, Robert Kimbrel, Dean Miller, and Roger Tomten Others: Planner Sue Fitzgerald Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Kimbrel noted the vote on Case DR/00-15 was not recorded; the vote for approval was unanimous. Mr. Lieberman moved to accepted the minutes of June 5, 2000, as corrected; all in favor. (There was no second to the motion.) Case No. SUPIDR/00-44 This case was continued to the August meeting. Case No. DR/00-19 Design review of exterior modifications for pool addition at Stillwater Inn, 1750 W. Frontage Road. Tim Balstad, applicant. Mr. Balstad was present. He said in order to keep his business competitive he planned to add a swimming pool to the motel. He said the same architect who designed the original structure is doing the plans for the addition. The addition will be of the same materials and colors as the main building, but the exterior trim will be lightened some, he said. Mr. Lieberman suggested that Mr. Balstad consult with staff regarding paint colors. Ms. Fitzgerald asked if there would be any additional outside lighting. Mr. Balstad said he may use/move some of the existing lights, but there will be no more illumination that there currently is. Ms. Fitzgerald said even if the existing lights are moved, the lighting must be downlit. Mr. Johnson noted that conditional of approval No.2, review of exterior lighting, applies even if the existing lights are moved. Mr. Johnson asked about ventilation units. All mechanicals will be inside, Mr. Balstad said, and vents will be located at ground level to the rear of the building. Mr. Lieberman moved approval as conditioned, with the final paint color and lighting to be reviewed by staff. Mr. Miller seconded the motion; motion passed unanimously. Case No. DR/00-20 Design review of exterior modifications for Valley Bookseller at 217 N. Main St. Jocelyn Tilsen, applicant. Ms. Tilsen, her husband and co-owner, and architect Bob Lane were present. Ms. Tilsen said the front elevation of the building presents a challenge due to the setback from the street and the height of the building. 1 . r illwater '~ ~ TH~RTHPLACE OF MINNESOTA i) HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILL WATER HERIT AGE PRESERVATION COMMISSION WILL MEET MONDAY, MARCH 6, 2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of February 7,2000 minutes. . 1. Case No. SUP/DR/00-10. Design review of warehouse/office building at 1900 Tower Drive. Ray Kennedy representing Kennedy Builders, applicant. 2. Case No. DR/00-04. Design review of signage and a fence at 233 S. Second Street. Cindie Sinclair, representing Camrose Hill, applicant. 3. Case No. DR/00-05. Design review of exterior modifications of Shorty's Cleaners at 121 East Chestnut Street. Carol Eggers, applicant. Other items: a. Annual Preservation Award Disucssion. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . Heritage Preservation Commission Feb. 7,2000 Present: Howard Lieberman, chair Beth Diem, Phil Eastwood, Jeff Johnson and Roger Tomten Others: Planner Sue Fitzgerald Absent: Robert Kimbrel and Dean Miller Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Tomten, seconded by Mr. Johnson, moved approval of the minutes of Jan. 5, 2000; all in favor. Case No. DR/OO-2 Design review of proposed development at 1820 and 1830 Market Drive. David Reimer representing Urban Associates, applicant. . Mr. Reimer was present for the discussion. Mr. Johnson expressed his concern about the orientation of the Timber Lodge Steakhouse to County Road 5 and the visibility of the trash enclosure. Mr. Reimer offered to plant spruce trees to screen the area. Mr. Johnson offered several suggestions for alternative locations of the enclosure, none of which Mr. Reimer said would work. In addition to planting trees, Mr. Reimer said he could face the opening of the enclosure to the southwest, so the opening would not be seen from County Road 5. Later in the discussion, Ms. Fitzgerald produced a larger site map which indicated there is an outlot, 150-200 feet, between Timber Lodge and County Road 5 so the trash enclosure won't be as visible as initially thought. Ms. Diem suggested including the site map with the Commission's action on the request. Several members expressed concern about the appearance of the rear wall of the building. Mr. Lieberman suggested the massive wall on the back doesn't do justice to the design of the front. Mr. Reimer noted that Target had approved the design. With the price of the land and rising interest rates, he said there is no room economically to add to the cost of construction. He further noted that the coping wraps around the entire building and that the front and sides of the building, not the rear, are the most visible to the public. Ms. Diem said she didn't disagree that the front could be different than the rear of the building. Regarding lighting, Mr. Reimer said the fixtures and poles will be the same as specified in the PUD - shoebox and downlit. Signs will be all individual channel letters. Mr. Tomten stated he would prefer to have the security lighting on the back elevation more in line with other architectural features such as the dark color band, rather than placed at the parapet. Mr. Johnson also suggested the intermediate security light on the rear elevation could be eliminated. Mr. Johnson also expressed a concern about the potential visibility of the rooftop mechanicals given the 2' parapet. Mr. Reimer stated this is the same as the 1st phase of the development, and . the mechanical units will be no larger than those in the 1st phase. 1 . . Heritage Preservation Commission Feb. 7,2000 Mr. Johnson moved to accept the plans as conditioned, with the additional conditions that the trash enclosure serving the Timber Lodge be screened with spruce trees at the southwest comer and that the door ofthe enclosure face to the south; that the security light shown mid-building on the rear elevation be eliminated and all other security lighting on the rear elevation be located in the dark accent band below the parapet. Mr. Eastwood seconded the motion; all in favor. Case No. DR/00-3 Design review of an exterior sign at 131 S. Main St. Jennifer Cosgrove, applicant. Jennifer and Chris Cosgrove were present. They provided color renderings of the proposed signage - 20 square feet on the Main Street and about a lOx3 ' sign on the Chestnut Street side. Mr. Johnson suggested that the signs on the front and side be placed at the same elevation. Mr. Johnson also questioned the appearance of having different size signs, noting the existing signage at the same height and appearance works well. The applicants agreed with Mr. Johnson's observation. Chris Cosgrove stated their initial proposal was to have Coca Cola on the two ends of the signs, rather than the hamburger and malt. He said their intent was to have signage representative of the 1930s and 40s. Members were supportive of the use of Coca Cola on the signs. Mr. Johnson noted that if the words were a separate sign, that would not be allowed. However, since the wording is within the total allowable square footage, the use should be acceptable according to the city's guidelines. Mr. Lieberman said his personal preference would be to spell Grill and Shop correctly, rather than Grille and Shoppe as proposed; the Cosgroves agreed with that suggestion. Mr. Lieberman moved to approve the signs, 8' x 2 ~', on the east and south elevations, allowing the use of the Coca Cola wording, and spelling Grill and Shop correctly. Mr. Johnson seconded the motion, noting the motion includes the requested awning and colors as submitted. Motion passed unanimously. Ms. Fitzgerald will do further checking to make sure there are no restrictions in the use of Coca Cola. Case No. SUP/DR/OO-lO Design review of office/warehouse at 1900 Tower Dr. Ray Kennedy, applicant. Mr. Kennedy was not present. After discussion, a motion to approve with several additional conditions -- concerning the placement and color of signage, submission of a lighting plan, requiring a parapet - was withdrawn. Mr. Tomten noted there are serious design issues with the proposal. The design guidelines call for architectural consistency in details and materials on all sides of a building, which the current proposal does not do. Ms. Diem also noted there might be code issues involved with the use of residential siding as proposed. Mr. Tomten moved to deny the request as . submitted based on the design guidelines requiring architectural consistency. Mr. Lieberman 2 Heritage Preservation Commission ~ Feb. 7,2000 suggested, and moved, to continue the request to the March meeting to receive additional information from the applicant. Mr. Eastwood seconded the motion; all in favor. . Other items: · Mark Balay appeared with preliminary plans for a ticket office/storage for St. Croix Boat and Packet. Mr. Balay explained that the DNR is requiring Mr. Anderson to get rid of the existing floating ticket office. He reviewed the proposed location, which will require rezoning, and the preliminary design. He said the new structure will appear as a single-story building from the road, but will be a walkout from the river side. The entire building will be above the 100- year flood mark, he said. The building materials likely will be corrugated metal siding with an asphalt roof, similar to the Commander Elevator. Signage will be a simple board sign mounted on brackets on the west elevation. He said Mr. Anderson has submitted two reports to the DNR outlining progress made to date. Members were receptive to the preliminary plans as presented. · The request for the annual renewal of the special use permit for the popcorn wagon at 401 S Main St. was included in the packet for information only. Ms. Fitzgerald said there have been no complaints regarding the operation. · Ms. Fitzgerald asked members to be thinking about the annual HPC awards to be presented in May. A list of cases reviewed in the past year was included in the agenda packet. It was noted that the award nominees need not be restricted to those cases reviewed in the past year. · Mr. Lieberman suggested members take a group walk when the weather gets warmer to get a feel of changes/needs in the downtown area. The recording secretary left at 9:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary . 3 . HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILLWATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, FEBRUARY 7, 2000 7:00P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of January 5, 2000 minutes. 1. Case No. DR/OO-2. Design review of proposed development at 1820 and 1830 Market Drive. David Reimer representing Urban Associates, applicant. . 2. Case No. DR/OO-3. Design review of an exterior sign at 131 South Main Street. Jennifer Cosgrove, applicant. 3. Case No. SUP/DR/OO-I0. Design review of office/warehouse on 1900 Tower Drive. Ray Kennedy, applicant. Other items: a. Preliminary design discussion of proposed ticket booth for St. Croix Boat and Packet Company, Mark Balay representing owner. b. Renewal of Special Use Permit for Popcorn Wagon. c. Annual HPC awards. . . . . Heritage Preservation Commission January 5, 2000 Present: Howard Lieberman, chair (7:25) Beth Diem, Phil Eastwood, Jeff Johnson, Robert Kimbrel, and Roger Tomten Others: Planner Sue Fitzgerald Absent: Dean Miller Vice chair Mr. Kimbrel called the meeting to order at 7:05 p.m. Approval of minutes: Mr. Kimbrel asked that the discussion of the new pedestrian lighting in the downtown area, the last item under "other items," reflect that the fixtures are not the ones approved by the Heritage Preservation Commission. Mr. Tomten, seconded by Mr. Eastwood, moved to approve the minutes of Nov. 1, 1999, as amended; motion passed 4-0 (Ms. Diem, Mr. Eastwood, Mr. Kimbrel and Mr. Tomten). Mr. Kimbrel introduced and welcomed new member Beth Diem. Case No. DR/OO-l Design review of exterior signage for tattoo business at 235 ~ East Chestnut St. Dave Zappia, applicant. John Wicklund was present representing the applicant. Mr. Wicklund provided a sketch of the proposed sign. The request was for a 21 '7" square foot sign to be placed over the face of the glass on the transom window. The exterior ofthe building is 25'9" in width. However, the tattoo shop occupies only one-half of the space, thus is allowed 13 square feet of signage according to the ordinance. Mr. Johnson suggested that the applicant consider a projecting sign which would improve exposure from Main Street, rather than a sign placed on the face of the building. Ms. Fitzgerald also noted the applicant is allowed to use up to one-third of the inside window glass for signage. Mr. Johnson further noted that the proposed colors are a "little strong" - the red should be darker/muted. Mr. Johnson moved to deny the request as submitted as the size of the size is over what is allowed by the ordinance and the colors outside the downtown design guidelines, with the recommendation that the applicant consider a projecting sign to be reviewed by staff for size and colors, and allowing a projecting sign as long as it is within the ordinance/guidelines. Mr. Eastwood seconded the motion. Motion passed 5-0 (Ms. Diem, Mr. Eastwood, Mr. Johnson, Mr. Kimbrel, Mr. Tomten). Other items: . Territorial Prison project update/project advocacy Ms. Fitzgerald referred to a memo in the packet outlining the terms of the sale and TIF assistance for the hoteVconference center/restaurant at the Territorial Prison site. Ms. Fitzgerald said if there are new plans and any changes to the plans previously reviewed by the HPC, the plans will come back to the Commission. 1 . Heritage Preservation Commission January 5, 2000 Mr. Lieberman said he had received a call asking for a written letter in support of the hotel project. Mr. Lieberman said he did not perceive the HPC's role as being advocates for private, commercial development. He stated he was not willing to say anything other than that the HPC had reviewed the proposal and thought it appropriate. He said in his view, the HPC's advocacy for a private developer is not the same as being an advocate for a public project, such as the preservation of the lift bridge. Ms. Fitzgerald said the City looks to the HPC in issues relating to the preservation of historic structures. Mr. Lieberman said in such cases, a more appropriate approach would be for the staff to request that the HPC address the City Council on whether a specific proposal is a good reuse of an historic structure. Mr. Johnson agreed that the HPC ought to stick to issues of whether a proposal is historically appropriate. As far as specific plans for the Territorial Prison project, Mr. Johnson noted that SHPO will be a big player and suggested the HPC wait until plans are submitted before making any comments. There was a brief discussion of the Lumber Baron's Hotel project and related issues. . . Design Guidelines Mr. Tomten briefly reviewed the third draft of amendments to the Downtown Design Manual, specifically highlighting awnings and signage. Regarding awnings, Mr. Tomten said the biggest change is clarifying that signing is permitted on the end panel or front valence only. There is also more detail regarding sign coloring, he said. Regarding awnings, Mr. Kimbrel questioned the wording allowing fixed, round-headed awnings over arched windows or doors. Mr. Johnson agreed that the architectural features of arched windows are lost when such awnings are used; he suggested allowing "bubble" awnings only when inset in an arched opening. Mr. Eastwood referred to the section on painted wall signs and murals noting that recently the HPC presented an award to Randy Raduenz for one of his murals. Mr. Tomten agreed that the mural on Images of the Past photo shop would be outside of the revised guidelines as the building is a contributing structure. Mr. Tomten asked members to bring additional comments for further discussion at the Feb. 7 HPC meeting. He also asked members to consider whether to address trademark logos/colors in the updated Design Manual. . . Lift Bridge issues Mr. Johnson stated he had been representing the HPC in the 106 review process for the new river crossing. He submitted the draft of a letter addressed to Adam Josephson, MnDOT project manager, regarding the economic impact analysis on the effects of the removal of the historic lift bridge. The letter stated the economic impact analysis dated July 1999 is "inaccurate" and submitted several arguments in support of that position. Members were in consensus that while the letter may be "too soft," could be more positive or could have more hard numbers, there was a need to get a letter off stating the HPC's position that the study is flawed. 2 J . . . Heritage Preservation Commission January 5, 2000 Mr. Johnson moved to approve the letter as presented as the HPC's position on the economic analysis and authorize the chairman to sign the letter. Mr. Eastwood seconded the motion; motion passed unanimously. Mr. Lieberman and Mr. Johnson submitted a proposed letter to Congressman Bill Luther asking Mr. Luther's assistance in preserving the historic lift bridge. Mr. Lieberman said the letter is the result of a meeting RTR had with Mr. Luther. The letter would be signed by Rivertown Restoration, the Heritage Preservation Commission as well as the National Trust for Historic Preservation and the Minnesota Preservation Alliance. The letter asks for Mr. Luther's assistance is two areas - initiating discussions with Department of Interior Secretary Bruce Babbit regarding the National Park Service's responsibility to protect the historic lift bridge which is listed in the National Register of Historic Places and providing leadership in the transfer of the ownership ofthe historic lift bridge to a public owner such as the city of Stillwater. Mr. Lieberman said unless those in favor of preserving the lift bridge start moving on a lot of different fronts, the lift bridge will be removed. Mr. Johnson pointed out that the letter representing a coalition of historic preservations groups and the indication of uniform support of those groups would have more power than the actions of any of the groups individually. A lengthy discussion ensued. Mr. Kimbrel favored the HPC taking its own actions, rather than joining with RTR and the other groups; he also suggested that requesting assistance of Congressman Luther might result in the politicizing of the issue. Ms. Diem suggested that since the city of Stillwater is not a signatory of the letter, perhaps the City should not be specifically named in the section regarding the transfer of ownership to a public entity. The discussion concluded with a motion by Mr. Eastwood, seconded by Ms. Diem, to accept the draft letter. Mr. Kimbrel asked for some additional time to go through the letter before taking action. Ms Diem asked if the other groups had indicated their approval. Mr. Johnson said the RTR and National Trust have indicated their approval and the Minnesota Preservation Alliance had given a verbal commitment. Mr. Lieberman offered a friendly amendment to the motion- approving the letter to Congressman Luther in substantially the form as presented, but to not send the letter before Friday, Jan. 7, 2000, for possible revision based on comments from HPC members and other signatories. As Mr. Lieberman was to be out of town, Mr. Johnson was asked to make any revisions if needed. Mr. Eastwood agreed to accept Mr. Lieberman's amendmentto the motion; motion passed unanimously. Mr. Lieberman, seconded by Mr. Eastwood, moved to adjourn at 9:15 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 3 ..j . . . r illwater '~ ~~ THE BIRTHPLACE OF MINNESOT~ J December 2, 1999 To: From: Re: . Hertitage Preservation Commission Sue Fitzgerald, Planner December, 1999 HPC Meeting There were no cases submitted for the December HPC meeting. I consulted with Howard and he decided to cancel this month's meeting. So we will see you in January. Happy Holidays, everyone! CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 651-430-8800 ~... . r i1lwater ~ ~ TH;:-;RTHPLACE OF MINNESOTA i) HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILL WATER HERITAGE PRESERVATION COMMISSION WILL :MEET WEDNESDAY, JANUARY Sm, 2000 AT CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA . Approval of November 1, 1999 minutes (no meeting in December). Introduction of new Heritage Preservation Commissioner, Beth Diem. 1. Case No. DR/OO-I. Design review of exterior signage for tattoo business at 235 ~ East Chestnut Street. Dave Zappia, applicant. Other items a. Update on Territorial Prison project. b. HPC/Specific Project Advocacy - Howard Lieberman c. Design Guidelines Discussion . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . Heritage Preservation Commission Nov. 1, 1999 Present: Howard Lieberman, chair Jeff Jolmson, Robert Kimbrel and Roger Tomten Others: Planner Sue Fitzgerald Absent: Phil Eastwood and Dean Miller Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Kimbrel, seconded by Mr. Johnson, moved approval of the minutes of Oct. 4,1999; all in favor. Case No. DR/99-27 Design review of an exterior sign for Checker Auto Parts at 14396 60th St. Shannon Grady, Preferred Sign & Crane, Inc., representing the applicant. Mr. Grady was present. He explained the request is to put a new face on the pylon sign which identifies the businesses in the auto-related mall and to replace the existing building sign with a sign of the same size and same location. Mr. Johnson, seconded by Mr. Kimbrel, moved approval as conditioned; all in favor. Case No. DR/99-28 Design review of an exterior sign for Bella Cosa at 102 N. Main St. Cindy Gellerman, applicant. Ms. Gellerman was present and explained the request for a 2x3 projecting sign to be placed above the front door of the business at Main and Myrtle streets; there also is a sign on the Myrtle Street building elevation. Mr. Jolmson asked if other improvements to the building - glazing and changes to the windows- had been before the HPC for review. Mr. Tomten noted that when Savories, the adjacent business, came before the HPC with its renovation plans and request for an awning, there was discussion about eventually tying in the building fronts with an awning. Ms. Fitzgerald noted that Ms. Gellerman is a tenant and has no intention of installing an awning. Ms. Gellerman said she would not want an awning as she would lose all the window frontage; she suggested the building fronts look split because of the way the building steps up. Mr. Tomten asked that the issue of the awning be researched. . Mr. Tomten, seconded by Mr. Kimbrel, moved approval as conditioned; motion passed unanimously. Case No. DR/99-18 Design review of an exterior sign for the Roof Depot at 1815 S. Greeley St. Ken Maloney and Dave Hauser, applicants. , Ms. Fitzgerald noted the applIcants WOUlO De seeKIng a seWi:1\,;1\. VaJ.l(1.,U\..~ .uV"~ ---- - ----- -- Commission. The applicap' '"'Iointed out the logo is red and gray, D' . "ed and black as indicated in the packet. They also &:.. ...ley may be using some window signa . In discussing lighting, several members expressed concern about the large amount of white background for an internally illuminated sign as requested. The applicants expressed a willingness to use ground lighting rather an internal illumination; Mr. Johnson noted the ground lighting would have to be shielded so as not to be a hazard from passing traffic. There was a discussion about the visibility problem the applicants are having. The applicants said they would like the signage to be placed on the south side of the entry driveway if possible. Mr. Johnson suggested that if the branches on the trees by the entry driveway are trimmed up,. a monument sign might be a viable option versus the pylon sign as proposed. The applicants expressed a willingness to look at that option. It was suggested that the applicants do a mock up of a monument sign to see if that signage will work for them. Members agreed that south of the driveway would be a better location for the signage. Mr. Johnson moved approval of an externally illuminated monument or pylon sign, with the option of locating the signage on the south side of the driveway; if a monument sign is to be used, it must be ofthe same size and lettering as the proposed pylon sign. Mr. Tomten suggested adding a condition that if a monument sign is selected, it be reviewed by staff; Mr. Johnson agreed to add that additional condition. Mr. Johnson's motion included the two conditions of approval recommended by staff. Mr. Tomten seconded the motion; motion passed unanimously. Case No. DR/99-29 Design review of exterior modifications and signage for the Stillwater Gallery at 115 Union Street. Randy Raduenz, applicant. . Mr. Raduenz provided a colored rendering of his plans. He said he would like to use some window signage in addition to the requested 2x3 projecting sign; the colors will be coordinated with the building. He also stated he would like to do a full glass front door. In the spring, he would like to do a building mural highlight the logging era, with perhaps a self-portrait. Mr. Johnson noted the mural cannot contain any verbiage. Mr. Raduenz further stated he would use "Scotchlite" on the projecting sign so it reflects at night and provides visibility to traffic; Mr. Johnson suggested the existing street lighting might provide adequate nighttime visibility. Mr. Tomten asked if the window framing will be done in wood, versus metal; Mr. Raduenz responded in the affirmative. Mr. Johnson moved approval of the sign as proposed (design, materials and color), with the sign to be located straddling the cornice of the building; not allowing the use of Scotchlite until the existing lighting conditions are checked; approving the colors of the building and glazing of th:e windows and door with wood framing; and allowing the removal of the existing stone on the building front if necessary. The applicant is to have plans for the mural reviewed by Ms. Fitzgerald; the mural cannot contain any verbiage and cannot be lighted. The motion of approval included the conditions as recommended by staff. Mr. Tomten seconded the motion; motion passed unanimously. . L.. . . . Other items: . Don Empson and his wife, Kathy, were present. Mr. Empson provided members with copies of the previously published neighborhood surveys Mr. Empson has done for the HPC/City. There was a brief discussion as to how the HPC nlight be able to assist in promoting the availability of Mr. Empson's most recent survey. . Hersey, Staples Addition RFPs - Mr. Johnson, seconded by Mr. Kimbrel, moved to recommend approval of the proposal submitted by Empson Archives; motion passed unanimously. . Ms. Fitzgerald noted that the Preservation Alliance of Minnesota will be awarding "Tip of the Hat" award to BP Amoco for its project at the service station at 103 N. Main St. The award will be presented at the Alliance's 'annual meeting on Nov. 13. Mr. Lieberman will represent the HPC at the meeting. . Mr. Tomten noted the firm of David Stanley Gebhard has extended invitations for nominations for an award for architectural history. He said he would like to recommended Empson Archives for the award. Mr. Tomten, seconded by Mr. Kimbrel, moved to submit an application nominating Mr. Empson for the award; motion passed unanimously. Ms. Fitzgerald will submit the application. . Mr. Kimbrel asked about the city parking lot signs. Ms. Fitzgerald said she had not had time to do anything with that issue. Mr. Kimbrel asked about the berming issue. Ms. Fitzgerald said Video Update is planting trees and a new sign is being made. She said nothing has been done at St. Croix BikelKennedy Transmission, and she will talk with Mr. Kellison again regarding that matter. Mr. Johnson suggested that perhaps the CitylHPC needs to look closer at l~dscaping escrow accounts and certificate of occupancy in getting developers to meet design guidelines. . There was a brief discussion regarding a communication from Tim Stefan regarding changes to the co-op area at the Maple Island building; most of the changes are to the rear of the building. . There also was brief discussion regarding the pedestrian lighting and the acorn fixtures recommended in the downtown plan. Mr. Johnson, seconded QY Mr. Tomten, moved to adjourn at 8:25 p.m. Respectfully submitted, Sharon Baker Recording Secretary 1421 f- 06 114 112 1117 - J023 Ro~e:.f.. EAtlJ g, & .. l{s - - 0_. _. . ._ _. _._ _ _ 1117 513 ",- /. ~ 10~- 1;"'/21 , -.t-;r-- \~\2~ '~,&... ....._~ I ,;., . J~_t. . . . . STILLWATER ARCHITECTURE HISTORY INVENIQRY FORM . PropenyName: . . Cyrrent9.wn~r: ~I ~ County: . w~IJ'i~Jgto;l Address:Q03 ~. fbuRl11 Sh . . Inventory l;Jo.~. PIN: " . Cityffownship: Stilbvater Review/Compliance No: Township: T30 Range: U.S.G.S. 'Quad Map: U.T.M.: Architect: StYle: \j \C-~ f.><N , Q~e?N ~ r12~ {U>.5 $ \ (..; Date constructed: Photo Number(s): Roll Frame(s) Survey Name: Form prepared by: Date Surveyed: Physic~t .Description: 41.\f)'rStc C>r1 p-.. L{'r{2(.fJ€iJ" Lot \ llkC" '71\1.-0 C{V?e l,) fLfSI~'~-::i..i r:Jt\c.~ r,/v'.'v\ -nt&>' <<"TP.e::T \ 10 17\,t-' ~: tF TW&' ~~V.FF , 'TAB tzrg ~,) tc, p.. ~D v;::y.f\)....\~\C (>;:- il\t. q2t:T" C.U\SO;:\c... srYlJ~ t w lir\ ~ lr.:N y~ ~.~O~-S \ f-.ft1. L\ht..'DO"k! st 1J?tv\:;~),17kW)Th4-?1 ~v; nec)~ i'#t~ ~f\t-J PL8\~~ 7\ L1,€ It-lCuVUU .nw Det..\.~ ~~~ D/"'O....1..I Significance: . {I' r-vn Gl,.\.Ajv.A.N"~, Statewide Historic Context: . Local Historic Context: Residential National Register Eligible: Yes. Date listed on the National Register: .' No Insufficient information' , i. . ~ ,'.', Present Use: e:;.1~(Pr.E ~~tv( ~\DtaJT\A'- Zoning District: . Integrity: ~ Excetl~nt ", . . '" ,Goci~:.: ~ Fair ", _ Poor " Condition: 4. .Excellent " .:-:... GOQd, '~ 'Fair' Poor Stories:, 2 1/2- Roof style or shape: rn P I W-mt- ~s &M)Le?) 9reef' PrTC+I Structural System: \)JlJ7X) Af-A','t'6 Windows: COublE ~G::> Foundation: ?~ I\M.~ Wall Treatment: W:oD, t-lt1trzllrJ~ l/q' StonJb v.n CO~ eo.~"'..{)~ . Alterations:. ~- ,bi)Ort1l1tJ'S Legal Description: Sources: : . Open to the p~blic: ':~yes '*0. _limited . . ',:t J ::. ,. . , :, ';, , ~. i{'~ ~. ,. ' , , " q , . . " , " . . . f 11 ''''''''.qrn, . . . - ,I'" >I ~ o [:=J ! I - dJ ~ ~~ - W:c ~ I ~~ OW ::E (1)-12 2~i iOD.. III z ~ I ffi 1.1 '-1'- co II I. . 2 ~ 0 2 ~ 0 ~ ~ ~ ~ ~ ~ w ~ ~ 0 (I) I I C!) z 0 ....J 5 In Ow DoD 5~ Cl)g? - ct) Do We . ....J W I ~II ~. J. \ . ... . City of Stillwater Heritage Preservation Commission July 5, 2000 Ms. Fitzgerald noted the. applicant is requesting both a logo and sign on the front elevation, and will be seeking a variance from the Planning Commission for signage on the south elevation. During the discussion, it was noted the south elevation faces the city parking lot which could be considered a public way which would allow signage on that elevation, Regarding the request for both the logo and sign on the front elevation, Ms. Tilsen noted if the V is removed, it leaves a large empty space due to the height of the building. She also noted the logo in needed to create an identity as an independent bookseller. HPC suggestions included using the V in Valley Bookseller for the logo, somehow physically attaching the logo to the sign lettering, or incorporating the V in the signage as proposed in the design for the east elevation. Mr. Johnson also suggested introducing a color band to break up the height of the building, in lieu of the logo. Regarding the request for verbiage on the awning on the south elevation to promote various sections in the store, Mr. Tomten noted that verbiage is generally limited to the awning valence, rather than the awning itself. Mr. Lane agreed that it should be possible to add a valence to the awnmgs. . Mr. Johnson suggested the lighting on the front elevation looks a bit high. Mr. Lane said he would look at that. Mr. Johnson moved approval, clarifying condition No. 1 to approve the sign and tapered canopy, excluding the V logo; allowing the shepherd's hook lighting on the west elevation; the awning on the south elevation with verbiage to be placed on the valence and recommending that the Planning Commission grant a variance for the requested signage on the south elevation; that the square footage of the signage equal one square foot per lineal frontage; and approving the color pallet for the building and awnings as presented. Mr. Eastwood seconded the motion, Mr. Johnson later said he would be amendable to amending his motion to allow the V logo if placed on the same plane as the lettering on the canopy, incorporating the logo into the one allowable sign; Mr. Miller seconded that amended motion. Discussion ensued as to the appropriateness ofthe HPC recommending signage in excess of what is allowable. Mr. Tomten expressed his concern about doing so, and Mr, Lieberman agreed that giving such direction to the Planning Commission may diminish the role of the HPC. Mr. Lieberman suggested adding language to the motion that while the HPC has no opinion regarding the variance for the south elevation, the HPC does find the proposed design of the signage appropriate. Mr. Johnson accepted that language as a friendly amendment to the motion; motion passed unanimously. Case No. DR/OO-21 Design review for Harvest Inn, Dawn Wagenaar, applicant. . 2 .. \ . . . 1 City of Stillwater Heritage Preservation Commission July 5, 2000 The applicant was not present. Ms. Fitzgerald explained that the Harvest Inn has been sold to Ms. Wagenaar who is planning only to change the color of the building, Ms. Fitzgerald provided samples of the proposed colors. In the future, the applicant is proposing to install a railing on the steps to the front entry; repair and paint the existing fence; install a lattice fence in the garden area on the south side; pave the parking area on the property; and build a fence around the dumpster. It was noted that paving the parking area was not an HPC issue. Mr, Lieberman, seconded by Mr. Kimbrel, moved approval of the exterior painting with the color pallet as submitted and repair/painting of the fence, assuming the fence will be painted the same color as it currently is, If the fence is to be painted a different color, the color must be returned for review, Motion passed unanimously. Other items: · Mr. Empson informed members that the Hersey Staples survey is completed He also said a suggestion has been made to place historic markers at various places in town. Mr. Empson said he will be looking at prices and sources of funding for such markers. Members were supportive of the concept. Ms. Diem suggested checking with Amy Stefan regarding the style of the proposed historical markers at the Territorial Prison site. · Ms. Fitzgerald noted the Preserve Minnesota Conference will be held in Winona Sept. 28-29 and asked members to let her know if they are interested in attending. · Mr. Lieberman introduced the HPC's action taken at the June meeting on Mayor Kimble's proposal regarding the historic lift bridge for discussion by members who were not present at the meeting. Ms, Diem expressed her concern about the process the Mayor used in gaining support for the proposal. Mr. Eastwood questioned whether the pier concept is an acceptable one. Mr. Lieberman, seconded by Mr. Miller, moved to adjourn the meeting at 9 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 3 \ . r illwater ~ ~~ THE BIRTHPLACE OF MINNESOTA J HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILLWATER HERITAGE PRESERVATION COMMISSION WILL MEET WEDNESDAY. JULY 5.2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of June 5, 2000 minutes. . 1. Case No. SUP/DR/OO-44. Design review of concession stand and/or popcorn wagon at 314 Chestnut Street. Mike and Sandy Hudson, applicants. 2. Case No. DR/OO-19. Design review of exterior modifications for pool addition at Stillwater Inn located at 1750 West Frontage Road. Tim Balstad, applicant. 3. Case No. DR/OO-20. Design review of exterior modifications for Valley Book Seller at 217 North Main Street. Jocelyn Tilsen, applicant. Other items: a. Presentation by Don Empson on memorials. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 f, . . . City of Stillwater Heritage Preservation Commission June 5, 2000 Present: Howard Lieberman, chairperson Jeff Johnson, Dean Miller and Roger Tomten Others: Planner Sue Fitzgerald Absent: Beth Diem, Phil Eastwood and Robert Kimbrel Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Miller noted a problem with spacing at the top of page 2 of the minutes of May 1. Mr. Johnson said the reference to the wall packs at the ice arena on page 3 should indicate that such lighting is not permitted and that Ms. Fitzgerald was asked to check into the matter. Mr. Johnson, seconded by Mr. Miller, moved approval of the May 1, 2000, minutes as corrected; all in favor. Case. No.DR/OO-12 Design Review of exterior modifications at 314 Chestnut St. E. Mike and Sandy Hudson, applicants. Sandy Hudson was present. She said they have purchased the vacant lot east of the Laskin building. The request is to provide a rear entrance to the gift shop which is located in their building. The entrance will be a commercial steel metal door, plain gray in color. Mr. Johnson asked if any wall surface treatment or fencing of the lot is planned. Ms. Hudson said not at this time. Mr, Johnson, seconded by Mr. Tomten, moved to approve the second entrance as conditioned, with any changes to the lot to come back before the HPC; all in favor. There was some discussion as to the possibility of reuse of the material - limestone/pavers -- that has been removed from the lot. Case No. DR/OO-13 Design review of an addition to the Church of St. Michael, 611 S. Third St. Architectural Network, representing the Church of St. Michael. Joe Marchetti was present representing Architectural Network. Mr. Tomten asked about outdoor lighting. Mr. Marchetti said there would be three or four lights on 20-25' poles in the east parking lot, down-lit, wall pack fixtures will used over the security doors, and there will be some pedestrian lighting on the walking paths similar to those at the Historic Courthouse. Mr. Johnson asked about materials. Materials will be brick/mortar to match the existing school asbestpossible. The two-story in-fill building will have a two-foot limestone sill with glazing about. A bid alternative is to clean and stain the 1961 school addition. Regarding rooftop 1 . . . City of Stillwater Heritage Preservation Commission June 5, 2000 mechanicals, Mr. Marchetti said the equipment on the new gym will be screened by the roof parapet and will be set back from the Third and East Willard Street elevations to minimize visibility. The unit on the new parish addition also will be screened by the parapet. Mr. Marchetti said the proposal is to try to use existing garages on the southeast corner of the lot for trash enclosure. Mr. Johnson said he would like to see a permanent structure for dumpster enclosure and agreed the southeast area seemed to be the most appropriate location for such a structure. Regarding signage, Mr, Marchetti said there will be one new piece, a memorial sign incorporated on the Third Street entry to the building and perhaps a sign on the north wall of the new parish addition which otherwise would be a blank wall. Existing signs will be used; the rest of the signage will be handled within the building, he said. Landscaping plans include new plantings by the new play area only. Mr. Johnson suggested it might be nice to introduce some new plantings on the Willard Street elevation to reduce the height of the wall, as well as on the south side to screen air conditioning units. Mr. Lieberman moved to accept the plans as conditioned, eliminating condition of approval No, 11, with landscaping plans to be brought back for further review, Mr. Miller seconded the motion; motion passed unanimously. Mr. Johnson asked that the record indicate Ms. Diem was not present and did not vote on this case. Case No. DR/OO-14 Design review of exterior modifications for Larry's Flooring at 212 Commercial St. Larry O'Connor, applicant. Mr. O'Connor was present. Mr. Tomten asked about the materials to be used when the overhead doors are removed and whether the building would be patched. Mr. O'Connor said future plans are to eliminate the metal, pole barn look. When asked if he intended to use his existing awning, Mr. O'Connor said the current awning probably won't work at the new location. The new awning will be of the same colors - red and white. Mr, Johnson asked if there would be signage on the awning, and Mr. O'Connor said he would like to be able to do so. Ms. Fitzgerald noted that signage was limited to one projecting sign or signage on the canopy. Mr. O'Connor asked if some type of carpeting symbol could be placed on the sides of the awning and was told that would be acceptable, as is letting on the inside glass. Mr. O'Connor stated that at some point in the future he might like to do painting on the east side of the building, similar to Images of the Past. Mr. Johnson noted that any such painting could not specifically relate to the business. 2 . City of Stillwater Heritage Preservation Commission June 5, 2000 Ms. Shely said the new signage for her business, Relaxation Station, would be placed over the existing large wall sign. She brought samples of wood letters, 6" x 4", and color samples. She said the signage will not be lighted as her business is not open in the evening. Mr. Johnson pointed out that only one square foot of signage per linear front footage is allowable; the existing sign is non-conforming. He noted that Ms. Shely could use the existing backdrop; he also suggested that her sign needs to be defined with a border. Mr. Tomten suggested having an elongated sign, 12' by 1', with the smaller verbiage painted in the window below.. . Mr. Tomten moved approval of a horizontal format sign of 12' xl' (equal to the amount of linear front footage), with the subtitles painted in the glass of the door. The sign will be burgundy with gold trim, to be placed on a black or very dark green background. The sign is not to be lighted. Mr. Miller seconded the motion; all in favor. . Other business: · Ms. Fitzgerald infoffiled members that the City Council had approved hiring an investigator to conduct the Carli & Schulenburg's addition. She said she will get a list of registered investigators from SHPO and will sent out RFPs. · Ms. Fitzgerald said the Ann Bean B&B has been sold to the previous owner. There will be no change in operation. · Ms. Fitzgerald said she had talked with Dick Olsen regarding the wall pack at the ice arena; Mr. Olsen stated it was not a permanent fixture. · Mr. Johnson said he had been contacted by John Kraemer of the committee working on a veteran's memorial. Mr. Johnson said he told Mr, Kraemer that was not an HPC issue. Mayor Kimble's lift bridge vroposal Mayor Jay Kimble appeared before the Commission asking for support for a plan to resolve the issues surround the new St. Croix River crossing and the preservation of the historic lift bridge. Mr, Kimble began by stating he feared the new bridge will be lost if the local community cannot unite on a palatable solution for mitigation, specifically the disposition of the historic lift bridge. Mr. Kimble stated the proposal has received the support of the RTR bridge committee, City of Stillwater Chamber of Commerce and Stillwater Area Chamber of Commerce; he was fairly certain the plan also would receive the support of the coalition for a new St. Croix River bridge. The City Council was to vote on the issue at its meeting the following day. Mr. Kimble also stated he thought the plan would be acceptable to the National Park Service. Most of the discussion centered on the language in B)l "up to 10 years" ; B)3 the lift should "should be" fully rehabilitated ... After discussion, Mayor Kimble agreed to the following language change in section B)3: The TH 36/64 shall be fully rehabilitated to meet the needs of . the city. The report made by A.G. Lichtenstein & Association dated May 1999 shall be the guide 4 . . . City of Stillwater Heritage Preservation Commission June 5, 2000 in the development ofthis rehabilitation plan which shall include complete repainting, machinery repairs/replacement and necessary deck improvements." It was also agreed to replace "up to 10 years" in section B)l to "10 years." Mr. Johnson, seconded by Mr, Miller, moved to express the HPC support of the plan with the agreed upon language changes. Vote was 3-1, with Mr. Tomten voting no. The meeting adjourned at 9:35 p.m. Respectfully submitted, Sharon Baker Recording Secretary 5 Ji . . . r illwater '~ ~ TH;:-;-RTHPlACE OF MINNESOTA ~ HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILL WATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, JUNE 5, 2000 7:00P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of May 1, 2000 minutes. 1. Case No. DR/OO-12. Design review of exterior modifications at 314 Chestnut St. East. Mike and Sandy Hudson, applicants. 2. Case No. DR/OO-13. Design review ofan addition for Church ofSt. Michael at 611 S. Third Street. Architectural Network, representing Church of St. Michael. 3. Case No. DR/OO-14. Design review of exterior modifications for Larry's Flooring at 212 Commercial Street. Larry O'Connor, applicant. 4. Case No. DR/OO-15. Design review of sign age for Caribou Coffee at 1830 Market Drive. Kevin Snyder of Signart, representing Caribou Coffee. 5. Case No. DR/OO-16. Design review of exterior modifications for the roof of 3M at 1987 Industrial Blvd. Bill Schultz, representing 3M. ' 6. Case No.DR/OO-17. Design review of parking lot and parking lot lighting for Stillwater Area Schoolsat 1875 South Greeley Street. Inspec, Inc. representing Stillwater Area Schools. Other items: a. Update on CLG for Carli & Schulenburg's Addition. b. Update on new ownership of the Ann Bean Mansion Bed and Breakfast. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . y Heritage Preservation Commission May 1, 2000 Present: Howard Lieberman, chairperson Beth Diem, Phil Eastwood, Jeff Johnson, Robert Kimbrel, Dean Miller and Roger Tomten Others: Planner Sue Fitzgerald Absent: None Mr. Lieberman called the meeting to order at 7 p,m. Approval of minutes: Mr. Tomten, seconded by Mr. Miller, moved approval of the minutes of April 3, 2000; all in favor. Case No. DR/00-10 Design review of addition at Ascension Episcopal Church, 214 N, Third St. Jim Christopherson, representing Ascension Church. Present for the discussion were Jim Christopherson and Bob Zimmerman representing the architectural firm BentzlThompsonlRietow. They noted they have met with city engineering staff regarding drainage issues. With the exception of the north side, the existing footprint of the buildings will not be changed a great deal. Existing brick/stone will be matched as closely as possible; window glazing will be done to match the existing coloration in the parish hall; and roof pitches will remain the same. There was a question about the location of the transformer/condensing unit and the trash enclosure. The transformer/condensing unit will be placed at the west end of the church building and be screened by landscaping. The existing trash enclosure will be utilized. Mr. Kimbrel asked about exterior lighting, Mr. Zimmerman noted a site plan with cuts of lighting types was included in the packet; some existing wall sconces will be utilized, Mr. Johnson noted that conditions of approval No.2 and No.8 were redundant. Mr. Johnson moved approval as conditioned, eliminated condition of approval No. 8 and changing condition of approval No.2 to read, "All lighting shall be directed away from the street and adj acent properties. Light sources shall be shielded from direct view and protected from damage by vehicles." Mr, Kimbrel seconded the motion, Ms. Diem asked if the architects had met with building officials regarding sprinkling requirements; Mr. Zimmerman responded in the affirmative and said the sprinkling requirements will not affect the architecture. Motion of approval passed unanimously, Case No. DR/00-09 Design review of exterior signage for Wells Fargo Bank at 2000 Northwestern Ave. Robert Sherlock - Signart Co Inc representing Wells Fargo. 1 . . . Mr. Sherlock was present. He said there will not be any new signs; faces will be replaced on the existing signs. He also noted the existing marquee signage will be eliminated; the structure will Heritage Preservation Commission May 1, 2000 remain, but it will be non-illuminated. Also some existing signs that currently are illuminated will be non-illuminated when the new sign faces are installed. The A TM signage will be addressed in a separate request. Mr, Johnson noted that the original proposal had the corporate stagecoach logo on the directional signs and that a revised proposal has been submitted removing the corporate logo. Mr. Tdmten moved approval as condition, reiterating that corporate logos are not allowed and will not be used on information/directional signage. Mr. Miller seconded the motion. Mr. Johnson suggested adding for the record that the marquee signage is being removed; Mr. Tomten noted that signage is an allowed use and therefore isn't an issue regarding a possible grandfathering of use. Motion of approval passed unanimously. Case No. DR/OO-19 Design review of a boat ticket office south of the Main Street parking lot. Mark Balay, representing Andiamo Enterprises, Mr. Balay explaining the location of the site. The request is for a 25x50' structure of galvanized siding in keeping with the industrial look in the area, he said, with wood trim soffit. Lights would be placed at the front entrance only. The request is for two signs, one flush mounted above the entrance and other mounted vertically off the roof on the west elevation. Colors would be red with a dark gray or bronze background; Mr. Balay said he would return with final colors for the signage and the building trim/framing. Ms. Fitzgerald noted that just one sign is allowed. Mr. Kimbrel asked about landscaping. Mr. Balay said that except for the area right in front of the entrance, there will be gravel the rest of the way to the end of the property; there will be some shrubs and plantings. Mr. Balay also noted the DOT owns the property from the highway to the proposed site. Mr. Johnson asked about lighting. Mr. Balay said he would like to use pedestrian lights similar to the NSP lights, and he said the existing NSP pole lights on the property will likely remain. Mr. Johnson said he would like to see the floodlights removed from the utility poles; Ms. Fitzgerald will check to see if that is possible. Mr. Eastwood expressed a concern about the use of the galvanized siding. Later in the discussion, Mr, Tomten noted the design guidelines call for new construction to be of materials compatible with surrounding structures, and Mr. Miller pointed out there are other buildings in the downtown constructed of the corrugated siding. Mr. Tomten said he would be more concerned if the proposal was to use vinyl siding. 2 . . . Heritage Preservation Commission May 1, 2000 Mr. Miller asked about the number of parking spaces. Mr, Balay said a variance will be required for parking as the property where parking will be located is leased from the railroad; unofficially, he said, the site can accommodate about 45 cars, Mr. Lieberman, seconded by Mr. Johnson, moved approval as conditioned. Motion passed unanimously. Case No. SUP/DRlOO-28 Design review of four-unit housing structure located on Olive Street between Second Street and Third Street. Donald and Marianne Nolde, applicants. Present for the discussion were Donald and Marianne Nolde and architect Jerry Runk. It was noted that height is not an issue. The building is about 10 feet under the maximum allowable 50 foot building height. The only variance required is for construction of residential units in the downtown business district. Mr. Runk briefly reviewed design plans and provided samples of brick/rock.face concrete block and cloth awnings, Most of the discussion centered on ways to improve the pedestrian scale appearance of the building. Suggestions included the introduction of some brick by the garage doors and the use of a brick pilaster at the west end to terminate with a brick comer post at the other end. Mr. Lieberman summed up the discussion by saying he thought it is important to provide residential housing in the downtown area, Mr. Kimbrel moved to approve as conditioned with the applicant to provide a brick pilaster on the west comer and landscaping if possible, Mr. Johnson seconded the motion; motion passed unanimously. Other items: · Presentation of draft Hersey Staples & Co. architectural survey by Don Empson. Mr. Empson said the narrative is pretty much done and is on schedule; a final draft should be completed in a month or two, Members expressed appreciation of the readability of the document. Mr. Kimbrel noted that #20 is missing from the description of the Bird's Eye View Map. Mr. Johnson asked if in addition to listing homes by date, it might also be possible to list the homes by streets. · HPC annual awards. Ms. Fitzgerald noted the awards were to be presented at the May 2 City Council meeting. Mr. Lieberman was to attend the meeting for the presentations. · Ms. Diem provided elevations of the addition/renovation project at St. Michael's Catholic Church. Mr. Johnson said he thought the HPC should review the project. Ms. Fitzgerald said she will check with Mr. Russell on that issue. · Mr. Johnson raised an issue regarding a wall pack mounted by the doors at the new ice sheet at the Recreation Center. 3 . . . Heritage Preservation Commission May 1, 2000 · Mr. Kimbrel raised the ongoing issue with berming along County Road 5. Ms. Fitzgerald said the business owners in question are not receptive to complying with the City's request and there is no way to force them to do so. Mr. Johnson suggested the possibility of putting landscaping in the right-of-way if necessary. Mr. Kimbrel, seconded by Mr. Miller, moved to adjourn at 9 p.m.; all in favor Respectfully submitted, Sharon Baker Recording Secretary BACK TO INDEX 4 . . . .. r illwater "~ ~ ~ THE BIRTHPLACE OF MINNESOTA J HERITAGE PRESERVATION COMMISSION HERITAGE PRESERV ATIONMEETING NOTICE THE STILLWATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, MAY 1,2000 7:00 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Approval of April 3, 2000 minutes. I. Case No. DR/OO-09. Design review of exterior signage for Wells Fargo Bank at 2000 Northwestern Ave. Robert Sherloch - Signart Co. Inc., representing Wells Fargo. 2. Case No. V/DR/OO-19. Design review ofa boat ticket office located south of the Main Street parking lot. Mark Balay, representing the Andiamo Enterprises. 3. Case No. Design review of addition at Ascension Church at 214 North Third St. Jim Christopherson, representing Ascension Episcopal Church. 4. Case No. SUP/DR. Design review of 4-Unit housing structure located between Second Street and Third Street on Olive Street. Donald and Marianne Nolde, applicants. Other items: a. Presentation of draft of Hersey Staples & Co. architectural survey, Don Empson. b. HPC Annual Awards National Preservation Week May 14 - 20,2000 CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 651-430-8800 . . . ~ Heritage Preservation Commission April 3, 2000 Present: Howard Lieberman, chairperson Beth Diem, Phil Eastwood, Jeff Johnson, Robert Kimbrel, Dean Miller and Roger Tomten Others: Planner Sue Fitzgerald; Mayor Jay Kimble Mr. Lieberman called the meeting to order at 6:30 p.m. and thanked Mayor Kimble for his attendance to update the Commission on the historic lift bridge issues. Mayor .Kimble discussed the process and status of negotiations regarding both the historic lift bridge and the proposed new river crossing, He noted that the City has tried to keep the new bridge and the lift bridge as separate issues and is on record supporting the mitigation plan, and that if mitigation fails, it will be 20-30 years before a new bridge is constructed. He also noted that the City Council, by resolution, has directed that he be the City's negotiator. Mr. Kimble reminded members that the Heritage Preservation Commission is advisory to the City Council. If the HPC believes a letter should be sent to Secretary of Interior Babbitt, for example, the Commission should send a memo indicating its position to the City Council, and if the press calls for a statement, members are welcome to give quotes as private citizens, but not as representative of a position by the Heritage Preservation Commission, he said. It was suggested that it would be helpful if the HPC was kept apprised of the status of negotiations. Mr, Kimble responded that is not always possible in a public forum, but members are welcome to call him at any time, with questions or comments. Mr. Johnson noted that there is supposed to be a Council liaison to the HPC and encouraged participation by the liaison in the future. Mr. Lieberman brought the discussion to a close by saying he respected the work of the Mayor and Council and by noting that this Mayor and Council have been more supportive of HPC efforts than have others in the past. Approval of minutes: Mr, Kimbrel, seconded by Mr. Tomten, moved approval of the minutes of March 6, 2000; all in favor. Case No. DR/OO-06 Design review of building renovation at 220 E. Mulberry St. Tony Lodge, applicant. Mr. Lodge briefly reviewed his plans. He stated he is still working with the City engineers regarding a second curb cut to provide for off-street parking at the rear of the building. There are some unknowns at this time, he said. Mr. Johnson noted there is a structural defect in the building which is accentuated by the proposed full mansard roof. He suggested the possibility of awnings over the doorways/windows to accent the building, rather than the strong horizontal look of the mansard roof. 1 Heritage Preservation Commission . April 3, 2000 Mr. Tomten referenced several desirable architectural elements for commercial buildings in the historic downtown district - recessed entries; cloth awnings; storefront glass or store windows; continuous lintel; defining pilasters. Mr. Johnson noted including those design elements might even be less expensive than the proposed design. Mr, Lodge was not enthusiastic about the use of awnings, and expressed a concern about cost, noting that he had hoped to do much of the construction work himself. Mr. Tomten pointed out that if the doorways are recessed, awnings may not be needed. Mr, Tomten and Mr. Johnson reiterated the concern about the proposed asphalt roof mansard as not being appropriate within the downtown design guidelines, and Mr, Johnson again pointed out incorporating some of Mr. Tomten's suggestions might not be that much more costly than Mr. Lodge's initial design proposal. Mr. Tomten volunteered to work with Mr. Lodge in developing a building appearance more contributing to the historic district. . Mr. Kimbrel moved approval as conditioned by staff, with the additional condition that the applicant work with Mr, Tomten to develop a more appropriate design. Mr. Johnson suggested that the motion be amended to indicate Mr. Tomten had volunteered his assistance, and that Mr. Tomten's assistance be limited to getting the applicant working in the right direction rather than doing the entire building design. Mr. Kimbrel agreed to incorporate that language into the motion. Mr. Lodge questioned whether he would be limited in color to dark brown or dark red as indicated in the staff conditions (he had proposed a tan color); members indicated dark brown or dark red were not the only options and that Mr. Tomten could assist in color options. Mr. Johnson seconded the amended motion; amended motion passed unanimously. Case No. DR/OO-07 Design review of exterior signage at 221 N. Main St. Kerry Larson, representing Valley Co-op. Upon questioning by Mr. Kimbrel, it was noted the two proposed signs are part of an overall sign package for the Maple Island Building. Mr. Kimbrel then moved approval as conditioned. Mr. Johnson asked whether there would be any border to define the limits of the sign. Mr. Johnson suggested the proposed lettering fits the height but not the width of the signage, and he asked whether there would be other graphics on the ends of the sign or whether the wave design would be elongated. Mr. Larson responded that there will be a natural wood border, much like the Northern Vineyards signage, that will frame the lettering. Mr. Larson said the intent was for the signage to be consistent with others on the building and in the area, and from an advertising standpoint, he said, the proposed signage works best. Mr. Larson also stated the waves would be more elongated that it appeared in the graphic provided in the agenda packet. Mr. Miller seconded the motion of approval as conditioned; motion passed unanimously. . Case No. DR/OO-08 Design review of Territorial Prison walkway. Amy Stefan, representing the City of Stillwater, 2 . . . Heritage Preservation Commission April 3, 2000 Ms. Stefan briefly reviewed the concept plans for a trail/walkway at the Territorial Prison site. She said her function is not to design interpretative displays but to suggest possible themes for development when funding becomes available. She said the concept design is being developed to the extent possible with the developers' information; the developer will be responsible for maintaining the trail, she noted. Mr. Kimbrel asked about the trail material, whether it would be a more natural material or bituminous; Mr. Tomten suggested that the trail materials be "genuine" material. Mr. Johnson said he was more concerned about the method of repairing the walls on site, Ms. Fitzgerald suggested it might be possible to have a representative from Barr Engineering, the firm that will be doing the wall project, attend an upcoming HPC meeting to discuss that issue. Mr. Johnson, seconded by Mr. Lieberman, moved approval of the direction of the concept plan, with the understanding that the issues of trail material, wall restoration and lighting will be addressed further. Motion passed unanimously. Other business · Ms. Fitzgerald said Mr. Empson should have some material regarding the Hersey Staples & Co. architectural survey available by the next meeting. Mr. Tomten asked about funding for the next architectural survey. Ms. Fitzgerald said she has received approval to apply for a grant; ifthe grant is approved, the next survey will be of the Carli-Schulenberg Addition. · Mr, Eastwood asked abut a banner on the rear of Maple Island Hardware building. It was noted that three signs were allowed at that location, with the owner to decide where to place the signs. Mr. Johnson suggested looking at that case file to determine the HPC's previous action in the matter. · There was a brief discussion of members' reaction to Mr. Kimble's comments regarding the lift bridge. Mr. Kimbrel, seconded by Mr. Eastwood, moved to adjourn at 8:30 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 3 r illwater ~. ~ TH:-;-;RTHPLACE OF MINNESOTA ~ . HERITAGE PRESERVATION COMMISSION HERITAGE PRESERVATION MEETING NOTICE THE STILL WATER HERITAGE PRESERVATION COMMISSION WILL MEET MONDAY, April 3, 2000 6:30 P.M. CITY COUNCIL CHAMBERS CITY HALL 216 NORTH FOURTH STREET AGENDA Note time chan2e. Approval of March 6, 2000 minutes. . 6:30 - 7:00 Mayor Jay Kimble - Historic Liftbridge 1. Case No. DR/OO-06. Design review of building renovation at 220 East Mulberry Street. Tony Lodge, applicant. 2. Case No. DR/OO-07. Design review of exterior signage at 221 North Main Street. Kerry Larson, representing Valley Coop. 3. Case DR/OO-08. Design review of Territorial Prison Walkway. Amy Stefan, representing the City of Stillwater. Other items: 1. Update on Hersey Staples & Co. architectural survey. 2. Historic Liftbridge discussion. . CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 651-430-8800 . . . Heritage Preservation Commission March 6, 2000 Present: Howard Lieberman, chairperson Beth Diem, Phil Eastwood, Robert Kimbrel and Roger Tomten Others: Planner Sue Fitzgerald; two Stillwater Area High School government students Absent: Jeff Johnson and Dean Miller Mr. Lieberman called the meeting to order at 7 p.m. Approval of minutes: Mr. Lieberman, seconded by Mr. Eastwood, moved approval of the minutes of Feb. 7, 2000; all in favor. Case No. SUP/DR/OO-10 Design Review of office/warehouse building at 1900 Tower Dr. in the BP-O, Business Park Office District. Ray Kennedy, applicant. Mr. Kennedy was present and stated he was aware of all the recommended conditions of approval. When asked about the proposed wall-mounted light by the front office entry area, he said it would be a typical lantern fixture, but if there was a problem with that proposal, he would eliminate the light at that location. All other lighting will be commercial type, downlit fixtures. There will be no lighting along the sides or rear of the building; the lighting above the garage doors will be downlit. Regarding signage, Mr. Kennedy said the sign will not be lighted. If he cannot meet the required setback - 15 feet from the front or side property line - the sign will be eliminated. Ms. Diem asked about the concern regarding architectural consistency raised at the February meeting. Mr. Tomten said his concern was with the design guidelines that calls for consistency in detailing on all sides of a building; although, he said, he understood the intent of trying to give a more residential look to the office entry. Mr. Lieberman said Mr. Kennedy was simply trying to take a one-dimensional, functional building and give a little different look to the front. Mr. Tomten agreed that he would have more of a concern ifMr, Kennedy's building was the first or second building in the IP area, rather than being an in-fill structure, and he agreed that the proposed plans fit in with other buildings in the area that have more of a residential look. Mr. Kimbrel, seconded by Mr. Lieberman, moved approval as conditioned; motion passed unanimously. Mr. Kennedy asked about the lighting by the front entry; it was the consensus that lighting at that location would be OK if the fixture is covered and downlighted. Case No. DR/OO-04 Design review of exterior signage and fencing at 233 S. Second St. in the CBD, Central Business District. Cindie Sinclair, representing Camrose Hill, applicant. Ms. Sinclair was present. She said there is still some question as to whether the fencing at the studio's current location will be moved to the Second Street location; if the existing fencing is 1 , , , Heritage Preservation Commission . March 6, 2000 not moved, any new fencing will be much the same, just a different color - olive green. Mr, Tomten noted that the current store fencing is more of a trellis than fence, addressing any potential design-guideline concern regarding fencing. Mr. Tomten, as did other members, said he liked the vision ofthe design proposal. Regarding signage, Ms. Sinclair said the request is to have signage on the front of the building (Second Street elevation) and one on the pergola. Ms. Fitzgerald noted that Ms. Sinclair had inquired about the possibility of having directional signage on Main Street at some point in the future and suggest that is an issue the HPC might want to look into. Mr. Tomten noted that since the building in question is a multi-tenant building, a signage plan should be prepared. Mr. Lieberman, seconded by Mr, Eastwood, moved approval as presented, allowing two signs and suggesting that the Second Street signage be presented as a sign plan to be reviewed by city staff. Mr. Tomten suggested adding language clarifying that a directional sign on Main Street is not included in the approval; Mr. Lieberman and Mr. Eastwood agreed to that amendment to the motion. Motion passed unanimously. . Case No. DR/OO-05 Design review of exterior modifications and signage at Shorty Cleaner and Launderer at 121 East Chestnut St. in the CBD, Central Business District. Joleen Bourdaghs and Carol Eggers representing Shorty's, applicants, Ms. Bourdaghs was present. She stated due to the condition of the building, it will not be possible to reuse the existing brick; however, the new brick will match the old to the extent possible. The main point of discussion centered on the location of the windows. Mr. Tomten said currently the tops of the windows line up; as proposed, the window tops would not line up. Mr. Tomten asked if the applicant would be willing to consider transom panels above the new windows and door to be more in keeping with the historical character of the building. Mr. Tomten also said he favored colored concrete rather than brick for the sills, and he suggested the applicant try to minimize the amount of aluminum used if the existing tile can't be saved. Mr. Lieberman suggested allowing the applicant to work out the design details with city staff. Mr. Lieberman, seconded by Mr. Kimbrel, moved approval as conditioned, with the final design element details to be worked out with the applicant and city staff in consultation with Mr. Tomten so proper information can be communicated to the builder. Motion passed unanimously. Heritage Preservation Awards After considerable discussion, it was the consensus to give the following awards: La Belle Vie, signage; FreightHouse, Heritage Award; Mark Balay Architects for renovation; and a Paper Design Award to Territorial Prison developers. The awards will be presented by Mr. Lieberman at the May 4 City Council meeting in conjunction with National Preservation Week. Mr. Kimbrel . 2 \ Heritage Preservation Commission . March 6, 2000 said he would like to see additional categories, such as residential or B&Bs. Mr. Lieberman said that is something to look at for future awards. Other items: There was a brief discussion of the issue of closing in the open stairwell at the Lumber Baron's Hotel. It was noted that the building is for sale and the issue should be addressed if there is a change in ownership. Mr. Kimbrel also asked about the issue of vending machine signage; Ms. Fitzgerald said that is a dead issue. Mr. Li~berman, seconded by Mr. Tomten, moved to adjourn at 9 p.m. Respectfull y submitted, Sharon Baker Recording Secretary . . 3