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HomeMy WebLinkAbout2006-01-03 CC PacketREGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Library Project Update 2. Discussion on 4 of July Fireworks — Dave Eckberg STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-01 Council Chambers, 216 North Fourth Street January 3, 2006 4:30 P.M. AGENDA 3. City Clerk 5. Community Dev. Director 4. Director of Admin 6. City Engineer /PWD 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. 7. City Attorney 8. Finance Director 9. City Administrator APPROVAL OF MINUTES - Possible approval of the December 20, 2005 regular meeting minutes ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of Plaque to Community Development Director Russell 2. Proclamation: Stillwater Girls Swimming & Diving Team 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. CONSENT AGENDA* 1. Resolution 2006 -01, directing payment of bills 2. Resolution 2006 -02, approving renewal agreement with the Sand Creek Group for Employee Assistance Program Services 3. Resolution 2006 -03, designation of depositories for 2006 4. Resolution 2006 -04, approving retainer for City Attorney for 2006 5. Request to purchase office furniture — Fire Department 6. Request to purchase three squad cars — Police Department 7. Resolution 2006 -05, approving St. Croix Caterers management Agreement for Recreation Center and Lily Lake Arena for 2006 8. Resolution 2006 -06, authorizing obtaining quotes for purchase of items not available on State Bid for Public Works Department 9. Resolution 2006 -07, authorizing purchase of equipment for Parks and Public Works Department 10. Resolution 2006 -08, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code 11. Resolution 2006 -09, appointments to various City of Stillwater boards /commissions PUBLIC HEARINGS 1. Case No. V/05 -64. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Lisa Ann Clark for a variance to the Duplex Residential Zoning Regulations for a commercial use, therapeutic healing retail sales home business located 104 North Owens Street in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 9, 2005. (Tabled from December 20, 2005 meeting) 2. Case No. SUB /05 -70. This is the date and time for a public hearing to consider a request from Georg. Middleton for a minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition located at 1221 North Broadway in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) 3. Case No. SV /05 -71. This is the date and time for a public hearing to consider a request from James and Diane Kleinke and Ande and Muriel Hassis for a street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Blk 9 Thomas, Parker and Mower's Second Addition. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) 4. Case No. SUB/05 -72. This is the date and time for a public hearing to consider a request from Steve Bremer, 402 Main Street LLC, for a minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1,200 square feet located at 402 South Main Street in the CBD, Central Business District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) 5. Case No. CPA/05 -01. This is the date and time for a public hearing to consider a request from Croix Capital Group for a Comprehensive Plan Amendment changing land use designation of 8.0 acres of land "Liberty West" from Rural Residential to Cottage Residential located at 7135 - 7143 Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 6. Case No. ZAM /05 -01. This is the date and time for a public hearing to consider a request from Croix Capital Group for a Zoning Amendment changing the zoning designation from Agricultural Preservation, AP, to Cottage Residential, CR, of 8.0 acres of land "Liberty West" at 7135 - 7143 Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 7. Case No. PUD /05 -73. This is the date and time for a public hearing to consider a request from Croix • Capital Group for Planned Unit Development for a 20 lot development on 8.0 acres of land located at 7135 - 7143 Manning Avenue in the Cottage Residential, CR, District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) 8. Case No. SUB /05 -75. This is the date and time for a public hearing to consider a request from Croix Capital Group for preliminary plat approval for a 20 lot subdivision on 8.0 acres of land in the Cottage Residential District located at 7135 -7143 Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) 9. Case No. ANN /05 -01. This is the date and time for a public hearing to consider a request from Croix Capital Group for annexation of 8.0 acres of land located at 7135 -7143 Manning Avenue zoned Cottage Residential into the City of Stillwater "Liberty West ". Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) 10. Case No. CCN /05 -50. This is the date and time for a public hearing to consider a request from Royal Oaks Realty and Ogren Properties for a Certificate of Compliance and a variance to the rear yard setback (75 feet required, 35 feet and 67 feet proposed) for a 19 lot office condominiums development on a 5.14 acres of land located at 1749 South Greeley in the BP -I, Business Park Industrial District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 11. Case No. SUB /05 -45. This is the date and time for a public hearing to consider a request from Royal Oaks Realty and Ogren Properties Industrial District for a preliminary plat approval of a 20 lot subdivision on 5.14 acres of land located at 1749 South Greeley in the BP -I, Business Park. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 (Resolution) Page 2 of 3 UNFINISHED BUSINESS 1. Possible approval of downtown design guidelines • 2. Possible approval of purchase of survey equipment for location of sewer services (Resolution) 3. 2 11d and Nelson Street Storm Sewer • • NEW BUSINESS 1. Election of Vice Mayor (Resolution) 2. Possible designation of official newspaper for 2006 (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS 1. Review of Height Limits Downtown 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. Page 3 of 3 • REGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL 1. Library Project Update 2. Discussion on 4 of July Fireworks — Dave Eckberg OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief CALL TO ORDER ROLL CALL AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06 -01 Council Chambers, 216 North Fourth Street January 3, 2006 4:30 P.M. AGENDA 3. City Clerk 5. Community Dev. Director 4. Director of Admin 6. City Engineer /PWD 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. 7. City Attorney 8. Finance Director 9. City Administrator APPROVAL OF MINUTES - Possible approval of the December 20, 2005 regular meeting minutes IlkETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of Plaque to Community Development Director Russell 2. Proclamation: Stillwater Girls Swimming & Diving Team 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. CONSENT AGENDA* 1. Resolution 2006 -01, directing payment of bills 2. Resolution 2006 -02, approving renewal agreement with the Sand Creek Group for Employee Assistance Program Services 3. Resolution 2006 -03, designation of depositories for 2006 4. Resolution 2006 -04, approving retainer for City Attorney for 2006 5. Request to purchase office furniture — Fire Department 6. Request to purchase three squad cars — Police Department 7. Resolution 2006 -05, approving St. Croix Caterers management Agreement for Recreation Center and Lily Lake Arena for 2006 8. Resolution 2006 -06, authorizing obtaining quotes for purchase of items not available on State Bid for Public Works Department 9. Resolution 2006 -07, authorizing purchase of equipment for Parks and Public Works Department PUBLIC HEARINGS 1. Case No. V/05 -64. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Lisa Ann Clark for a variance to the Duplex Residential Zoning Regulations for a commercial use, therapeutic healing retail sales home business located 104 North Owens Street in the RB, Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 9, 2005. (Tabled from December 20, 2005 meeting) 2. Case No. SUB /05 -70. This is the date and time for a public hearing to consider a request from George I Middleton for a minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition located at 1221 North Broadway in the RB, Two Family Residential District. Notice was mailed to affected • property owners and published in the Stillwater Gazette on December 23, 2005 3. Case No. SV/05 -71. This is the date and time for a public hearing to consider a request from James and Diane Kleinke and Ande and Muriel Hassis for a street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Blk 9 Thomas, Parker and Mower's Second Addition. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 4. Case No. SUB /05 -72. This is the date and time for a public hearing to consider a request from Steve Bremer, 402 Main Street LLC, for a minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1,200 square feet located at 402 South Main Street in the CBD, Central Business District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 5. Case No. CPA/05 -01. This is the date and time for a public hearing to consider a request from Croix Capital Group for a Comprehensive Plan Amendment changing land use designation of 8.0 acres of land "Liberty West" from Rural Residential to Cottage Residential located at 7135 - 7143 Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 6. Case No. ZAM /05 -01. This is the date and time for a public hearing to consider a request from Croix Capital Group for a Zoning Amendment changing the zoning designation from Agricultural Preservation, AP, to Cottage Residential, CR, of 8.0 acres of land "Liberty West" at 7135 - 7143 Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 7. Case No. PUD /05 -73. This is the date and time for a public hearing to consider a request from Croix Capital Group for Planned Unit Development for a 20 lot development on 8.0 acres of land located at 7135 - 7143 Manning Avenue in the Cottage Residential, CR, District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 8. Case No. SUB /05 -75. This is the date and time for a public hearing to consider a request from Croix • Capital Group for preliminary plat approval for a 20 lot subdivision on 8.0 acres of land in the Cottage Residential District located at 7135 -7143 Manning Avenue. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 9. Case No. ANN /05 -01. This is the date and time for a public hearing to consider a request from Croix Capital Group for annexation of 8.0 acres of land located at 7135 -7143 Manning Avenue zoned Cottage Residential into the City of Stillwater "Liberty West ". Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 10. Case No. CCN /05 -50. This is the date and time for a public hearing to consider a request from Royal Oaks Realty and Ogren Properties for a Certificate of Compliance and a variance to the rear yard setback (75 feet required, 35 feet and 67 feet proposed) for a 19 lot office condominiums development on a 5.14 acres of land located at 1749 South Greeley in the BP -I, Business Park Industrial District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 11. Case No. SUB /05 -45. This is the date and time for a public hearing to consider a request from Royal Oaks Realty and Ogren Properties Industrial District for a preliminary plat approval of a 20 lot subdivision on 5.14 acres of land located at 1749 South Greeley in the BP -I, Business Park. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 23, 2005 UNFINISHED BUSINESS 1. Possible approval of downtown design guidelines 2. Possible approval of purchase of survey equipment for location of sewer services (Resolution) 3. 2nd and Nelson Street Storm Sewer NEW BUSINESS 1. Election of Vice Mayor (Resolution) 2. Possible designation of official newspaper for 2006 (Resolution) Page2of3 • r COMMUNICATIONS /REQUESTS 111 1. Review of Height Limits Downtown COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT • PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) 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. Page 3 of 3 St.Croix EVENTS, I NC. • • To: Mayor Jay Kimble Councilman Dave Junker Councilman Mike Polehna Councilman Wally Milbrandt Councilman Ken Harycki Administrator Larry Hansen From: Dave Eckberg St. Croix Events, Inc. January 3, 2006 RE: July 4 Fireworks 2006 July 4 Fireworks 2006 We are proposing the following from the City of Stillwater for July 4 Fireworks 2006. That the City contribute the sum of $15,000 to help defray the cost of fireworks and provide porta potties to accommodate the crowd. This is the same contribution that the City has made towards our July 4 fireworks activities since 1996. Based on "early contract signing" inducements offered by our fireworks vendor we are requesting that payment of the $15,000 contribution by the City of Stillwater be authorized today. In addition we would like the City to act as a conduit for Fireworks contributors including but not limited to the Margaret Rivers Fund and the Bayport Foundation. Exclusive use of Lowell Park and Pioneer Park on July 4th. It is important that our office have the ability to coordinate activities in both parks. Central coordination eliminates the possibility of sponsor conflicts. Planned activities for July 4 include: Orchestra concerts in both Lowell Park and Pioneer Park; Kids activities in Lowell Park; concessions in both Lowell Park and Pioneer Park; musically choreographed fireworks simulcast on 1220 AM and through the full sound system in Lowell Park. Military flyover invitations have been sent. At this time final confirmations have not been received. P,0. Box 311 • Stillwater, MN 55082 • Phone651 /430 -2306 • Fax651 /430 -0553 • • CITY OF STILLWATER CITY COUNCIL MEETING NO. 05 -23 December 20, 2005 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson City Clerk Ward Community Development Director Russell Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the December 6, 2005 regular and recess minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Colleen Danford, Director of Lucy Wenton Bell Athletic Fields Colleen Danford, Director of the Lucy Winton Bell Athletic Fields, appeared before the Council. She expressed appreciation for the City's past support. She said there have been ongoing improvements to the complex thanks to such support. Last year, some 1,500 games were played at the fields, with about 70,000 visitors attending, as well as camps, clinics and toumaments. There was some discussion about a planned new soccer building. Councilmembers commended Ms. Danford on the improvements made to the complex. Certificate of Appreciation — John Buckley Motion by Councilmember Junker, seconded by Councilmember Harycki to adopt Resolution 2005 -279, Certificate of Appreciation for John Buckley; All in favor. Mayor Kimble read the certificate of appreciation commending John Buckley for his service to the City of Stillwater. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Dauffenbach reported that the Police Department continues to enforce the odd /even winter parking ordinance. He noted that occasionally temporary parking restrictions are in place and enforced in the downtown area for snow removal. Community Development Director Russell reported that the Joint Board was scheduled to meet Dec. 22 regarding the Liberty West development. • Public Works Director Eckles explained items related to budget carry-overs for capital improvements in the sewer, parks and streets departments. He also updated the Council on the recent snowfall and said few complaints had been received; all the major roads were open and kept in good condition during the length of the snowfall. Finance Director Harrison reported that for the 16 consecutive year, the City's financial statement (2004) has received the Government Finance Officers Association Certificate for Excellence in Financial Reporting. She expressed her appreciation to the Council, staff and auditors for their assistance. Ms. Harrison also reported that the League of Minnesota Cities' Insurance Trust - Property Casualty program is returning $12 million to• member cities; Stillwater's share amounts to $56,000. City Administrator Hansen reported that Community Development Director Russell formally submitted his resignation, effective Jan. 11, 2006. He noted that along with the resignation of Planner Fitzgerald and Building Inspector Buckley, the Planning Department will be short three people. He asked that the Council appoint two members to serve on a Personnel Committee working on the replacement process. He also asked for approval to begin the advertisement process and the authorization to hire an interim consultant to serve until a replacement for Mr. Russell can be hired and begin work. Councilmember Milbrandt and Councilmember Junker volunteered to serve on the Personnel Committee. Motion by Councilmember Polehna, seconded by Councilmember Harycki to appoint Councilmembers Milbrandt and Junker to serve on the Personnel Committee. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to begin the advertisement for a Community Development Director immediately. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, moved to authorize the hiring of an interim consultant, giving City Administrator Hansen the flexibility to determine the number of hours to retain the consultant's services. All in favor. Page 2 of 11 • • Mayor Kimble expressed his appreciation to Mr. Russell for his years of service to the City and wished him well in his new position. • CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Harycki to approve the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None 1. Resolution 2005 -270, directing payment of bills 2. Resolution 2005 -271, renewal of Towing License for 2006 3. Possible approval to carry over Capital Outlay Items — Public Works 4. Possible approval to carry over Capital Outlay Items — Fire Department 5. Possible approval to carry over Capital Outlay Items — MIS 6. Possible approval to carry over Capital Outlay Items — Elections 7. Resolution 2005 -272, possible approval of Pay Rates for Part-time Fire personnel 8. Resolution 2005 -273, possible approval of Elected Official Out of State Travel Policy 9. Possible approval to early release of 2006 capital funds — Library 10. Resolution 2005 -274, fees for services /publications — 2006 11. Resolution 2005 -275, approval of maintenance contract with Stillwater Ford 12. Possible approval to purchase ten computer training coupons with the Science Museum of Minnesota 13. Resolution 2005 -276, establishing a monthly rate schedule for the collection of solid waste and recycling effective January 1, 2006 — December 31, 2010 14. Resolution 2005 -277, approving a Sunday liquor license for C & G Sukopp, LLC., DBA: Murasaki 15. Possible approval to carry over Capital Outlay Items — Police Department 16. Resolution 2005 -278, approval of agreement for Medicare Drug Subsidy PUBLIC HEARINGS This is the date and time for a public hearing to consider the transfer of an On -sale and Sunday Liquor License for Stone's Restaurant, LLC, DBA: Stone's Restaurant located at 324 South Main Street, applicant Michael Stone Mayor Kimble noted approval would be contingent on review /approval by Police, Fire, Finance, Building departments and Minnesota Liquor Control. Mayor Kimble opened the public hearing. Michael Stone, owner, briefly reviewed his plans for the new restaurant and said he looked forward to opening around March 1. The hearing was closed. Page 3 of 11 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005 - 280, approving an on -sale and Sunday liquor license for Stone's Restauran , LLC, DBA: Stone's Restaurant, as conditioned. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. V/05 - 64. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a reauest from Lisa Ann Clark for a variance to the Duplex Residential Zoning Regulations for a commercial use, therapeutic healing retail sales home business located 104 North Owens Street in the RB. Two Family Residential District. Notice was mailed to affected property owners and published in the Stillwater Gazette on December 9, 2005. Community Development Director Russell noted this item had been before the Planning Commission on Nov. 14, 2005. The request requires a variance to the RB Duplex Residential use. The applicant was not present due to illness and asked that the request be continued, he said. However, given the fact that people were present to speak to the request, Mr. Russell suggested that the hearing be held and the request continued until the next Council meeting. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to open the hearing and continue the matter to the next meeting. All in favor. Mayor Kimble opened the public hearing. Ted Gillen, 1011 W. Myrtle St., spoke in opposition to the request, citing the additional traffic the use might generate and impact on property values. He noted the building has always been a single - family dwelling, never a duplex. There was a discussion about the history of Len's Food. Al Roettger, who resides at the southeast corner of Myrtle and Owen, agreed with Mr. Gillen and said he also was opposed to another commercial use in the neighborhood. The hearing was closed, and the matter continued to the next Council meeting. UNFINISHED BUSINESS Request from Board of Water Commissioners for future well site Public Works Director Eckles noted that the Water Board has determined at least one more well will be needed to accommodate future growth and possibly another well to replace Well No. 1, an artesian well. The Water Board cannot own property; the City must acquire /own any property for the Water Board. Mr. Eckles said a possible location has been identified in the Liberty West development. Page 4 of 11 • 0 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to have staff work with the Liberty West developers toward a possible location of a new well. All in favor. NEW BUSINESS Lily Lake Water Quality Update Public Works Director Eckles provided an update on projects designed to improve the water quality of Lily Lake. What remains are the projects on the southern end of the lake, he said. He also said there is some urgency to do something with the Trotter Court/Driving Park ravine where erosion is occurring. He asked for direction on how to proceed with the remaining projects. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005 -281, ordering the preparation of feasibility report for Trotter Court Ravine Project and do the remaining projects in conjunction with upcoming street projects. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Councilmember Junker asked about Brick Pond and whether it should be looked at again in this summer's Everett Street improvements; Mr. Eckles said that could be done. Mr. Eckles said there is a possibility of some funding assistance from the Washington Conservation District for the Trotters Court ravine project. Possible appointments to Boards /Commissions (Resolution) City Clerk Ward noted the Joint Cable Commission needs a primary and alternate representative. Councilmember Harycki is the primary representative. She said the opening for an alternate for this commission will need to be readvertised. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to reappoint Roger Tomten and Larry Nelson to the Heritage Preservation Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Harycki, seconded by Councilmember Polehna to reappoint Ellie Samuelson, Wally Goettl and appoint J. Neil Tift, and Marcia Nelson to the Human Rights Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None • Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to reappoint Mary Lou Rice, Andrea Tipple, and Mary Weber to the Library Board. Page 5 of 11 Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to reappoint Paul Donna, Linda Amerein and Sandy Snellman to the Park Board. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmembers Junker, seconded by Councilmember Polehna to reappoint David Middleton and David Peroceschi and appoint Brad Meinke, to the Planning Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Polehna, seconded by Councilmember Harycki to reappoint Jocelyn Tilsen and appoint Jim Martin to the Downtown Parking Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Councilmembers expressed appreciation to all the applicants and urged those not appointed at this time to continue to reapply for future openings; applications will be kept on file. Possible designation of Council representation to boards /commissions Mayor Kimble noted in the past Councilmember Junker has served on the Planning Commission, Councilmember Milbrandt on the Parks Board and himself on the Human Rights Commission. Mayor Kimble said at this time he did not feel a Council representative was needed for the Human Rights Commission, and said he did not wish to continue in that capacity. Motion by Councilmember Harycki, seconded by Councilmember Polehna to reappoint Councilmember Junker to the Planning Commission and Councilmember Milbrandt to the Parks Board. Councilmember Harycki asked about Council representation on the Heritage Preservation Commission; Community Development Director Russell agreed that would be a good appointment. The motion was amended to include appointment of Councilmember Harycki to the Heritage Preservation Commission. Page 6 of 11 • • Councilmember Milbrandt asked if Councilmember Polehna would be willing to serve on the Human Rights Commission; Mr. Polehna agreed to do so. • • The motion was further amended to include Mr. Polehna's appointment to the Human Rights Commission. Roll call vote was taken on the amended motion. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible appointment to Charter Commission City Administrator Hansen said he had received a letter from Judge Schurrer stating that it was the City's prerogative to make an appointment. Mr. Hansen said he was not aware of any applicants. Mayor Kimble suggested advertising the vacancy. Motion by Councilmember Polehna, seconded by Councilmember Harycki to advertise the opening on the Charter Commission. All in favor. Possible appointment/reappointment to Middle St. Croix River WMO City Administrator Hansen noted Ron Nelson, the current representative, is willing to continue serving. However, Mr. Hansen said there also is a need for appointment of an alternate representative. Councilmember Junker volunteered to serve as the alternate. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2005 -283, appointments to Middle St. Croix River WMO. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible adoption of resolutions for 2006 Budget & Tax Levy and Library Fund Operating Transfer Finance Director Harrison explained that the Council needed to address the $21,000 in County funding for the library before adopting the budget. Councilmember Milbrandt noted that former Councilmember Kriesel had worked hard to obtain the County commitment for funding and suggested that the money be used to decrease the 2006 tax levy rather than put in either the City's general fund or the Library fund. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to remove the $21,000 from the City's and Library's budget and amend the 2006 levy to reflect that (option 2). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Page 7 of 11 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005 -284, adopting the Final Budget for the Year 2006 reflecting Option 2. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution 2005 -285, adopting the Final Tax Levy for the Year 2006, reflecting Option 2. Ayes: Councilmembers Harycki, Junker Milbrandt, Polehna and Mayor Kimble Nays: None Finance Director Harrison noted that 2006 Library operating fund transfer includes $10,000 for increased natural gas costs and personnel costs of $26,082 for July 2006 - December 2006, assuming the library renovation project is completed in July. Ms. Harrison asked if the Council wished to pro -rate those amounts based on when the library move is completed. Motion by Councilmember Milbrandt, seconded by Councilmember Junker moved to pro -rate the Library operating fund transfers based on the move -in date and to adopt Resolution 2005- 286, authorizing 2006 Library Fund Operating Transfer. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible set sale of City Capital Outlay Bonds (Library and 2006 Capital Outlay) Finance Director Harrison said the bond sale likely would be held in late January. The sale includes $5.1 million for the Library project and $1.3 million for 2006 capital outlay. The term of the bonds is 20 years. A portion of the bond issue, the capital outlay bond proceeds will be paid off in 8 years. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005 -287, resolution providing for the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible set sale of Terra Sprinas Tax Exempt Note (Resolution) City Administrator Hansen reported the developer had withdrawn the request. Motion by Councilmember Junker, seconded by Councilmember Polehna to table the Terra Springs tax exempt note sale indefinitely. All in favor. Page 8 of 11 • • • Possible approval of resolution regarding South Twin Lake Community Development Director Russell said during the Millbrook development hearings comments were received regarding the use of South Twin Lake. Stillwater Township agreed with the concerns heard during the hearings and passed a resolution opposing the motorized use of the lake. The City's Park Board also passed a resolution favoring the non - motorized use of the lake. Mr. Russell noted the Council could not proceed until the lake comes into City jurisdiction but could indicate the City's intent to do that when the lake is in City jurisdiction. Councilmember Milbrandt said he would like to formally indicate to the Millbrook developer that the Council intends to make South Twin Lake a non - motorized lake. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005 -288, City's intention to the use of South Twin Lake restricted to non - motorized watercraft, and to indicate that intent to the developer as well. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of consultant services for Shoddy Mill Relocation Proiect Community Development Director Russell said the City had previously requested that the Shoddy Mills buildings be relocated to a site near the Terra Terminal building. In order to have that relocation considered as part of the new bridge final EIS, the City needs to provide MnDOT with more specific information with how the buildings might be located on the site. Mr. Russell said the intent is to remove the Terra Terminal structure and place the Shoddy Mills buildings on a portion of that space. He said there are some concerns related to river setback and flood plain restrictions, so some study will be needed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005 -289, approving the Scope of Services Agreement for Shoddy Mill Relocation Placement. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Boutwell Road Improvements Councilmember Junker said he thought the Boutwell project was a great enhancement and was in favor of directing staff to pursue obtaining an advance to allow the Boutwell Road improvements to continue ahead of schedule. Councilmember Milbrandt expressed a concern about completing a road to nowhere, as the County has no plans /funding for improvements on County Road 15 from Myrtle to Highway 96. Councilmember Milbrandt asked if there are any other MSA projects that might be Page 9 of 11 impacted by this action. Public Works Director Eckles responded that there are other MSA projects but noted that the City had established the transportation fund for the annexation area, so those funds could be utilized to replace the MSA funds used for the Boutwell Road improvements if necessary. Motion by Councilmember Junker, seconded by Councilmember Polehna directing staff to proceed with requesting the Municipal State Aid Department for an advance on MSA funds (Boutwell Road Project). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COMMUNICATIONS /REQUESTS Request for chanae in oarkina on Owens Street near Good Samaritan Mayor Kimble suggested this request be referred to Public Works Director Eckles for coordination with the County and Police Department for their recommendations before taking any action. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna directing this request to Mr. Eckles /County /Police Department. All in favor. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn at 8:40 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Page 10 of 11 Jay L. Kimble, Mayor • • • Resolution 2005 -270, directing payment of bills Resolution 2005 -271, renewal of Towing License for 2006 Resolution 2005 -272, possible approval of Pay Rates for Part-time Fire personnel Resolution 2005 -273, possible approval of Elected Official Out of State Travel Policy Resolution 2005 -274, fees for services /publications — 2006 Resolution 2005 -275, approval of maintenance contract with Stillwater Ford Resolution 2005 -276, establishing a monthly rate schedule for the collection of solid waste and recycling effective January 1, 2006 — December 31, 2010 Resolution 2005 -277, approving a Sunday liquor license for C & G Sukopp, LLC., DBA: Murasaki Resolution 2005 -278, approval of agreement for Medicare Drug Subsidy Resolution 2005 -279, Certificate of Appreciation for John Buckley Resolution 2005 -280, approving an on -sale and Sunday liquor license for Stone's Restaurant, LLC, DBA: Stone's Restaurant, as conditioned. Resolution 2005 -281, ordering the preparation of feasibility report for Trotter Court Ravine Project Resolution 2005 -282, not used Resolution 2005 -283, appointments to Middle St. Croix River WMO. Resolution 2005 -284, adopting the Final Budget for the Year 2006 Resolution 2005 -285, adopting the Final Tax Levy for the Year 2006 Resolution 2005 -286, authorizing 2006 Library Fund Operating Transfer Resolution 2005 -287, resolution providing for the competitive negotiated sale of $6,400,000 General Obligation Capital Outlay Bonds, Series 2006A Resolution 2005 -288, City's intention to the use of South Twin Lake restricted to non - motorized watercraft Resolution 2005 -289, approving the Scope of Services Agreement for Shoddy Mill Relocation Placement Page 11 of 11 c p- )fr C /-77.Th 7 >< -; 1. * ) * C C * 1 1 .. .4 [ \. 1..4(...) nit .1.Devel{)p.ment 'Director In tio,r7 Over ,„ Al)precra ir ) 11 y Of I) ruicated Service C y • WAII ri I ' ..),■ 1\ \ 0 0 , 1 \ .4_ , •- I, _ • v...,„ 1 •1 'VA . ... 'I" i--, ;P,. /CSC 1'7 e t,e7 P r i / 7 - if (C1, 185 4 7). .1 'resented 11 Jo T/)bc / Of Stillwater ' I N 7722c Stillwater Gity Council January 2006 k4)t, • and City of tiQQwatea, <AAiuuiesota nl koeQamatiout JANUARY 4, 2006 — STILLWATER GIRLS SWIMMING & DIVING TEAM DAY WHEREAS, THE STILLWATER SWIMMING & DIVING TEAM, are the 2005 MSHSL Class AA State Champions; WHEREAS, this season they had 10 wins and 0 losses; along with being: • SEC Relay Champions • Eden Prairie Invite Champions • Bengal Invite Champions L i 1 3 J '' • SEC Conference Champions J �/ �_ • Section 4AA True Team Champions • MSCA True Team State Class AA Champions • Section 4AA Champions • MSHSL State Class AA Champions WHEREAS, the team set seven (7) Section 4AA records, nine (9) school records, six (6) new Conference records, one (1) All -Time State Meet record and one (1) Class AA State Meet record; and WHEREAS, the team had 54 Section qualifiers, 17 All Conference, 6 All Conference Honorable Mention, 16 State qualifiers, 7 All Americans; 9 All State and 1 Academic All American; and WHEREAS, the team had a Section 4AA Swimmer of the Year, Section 4AA Diver of the Year; and WHEREAS, the Diving Coach received the Section 4AA Diving Coach of the Year; and WHEREAS, the Swimming Coach received the Section 4AA Swim Coach of the Year. NOW, THEREFORE, I, JAY L. KIMBLE, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim •ST OF BILLS EXHIBIT " A" TO RESOLUTION #2006 -01 1st Line /Leewes Concession Supplies 1,387.14 Allstar Wireless (2) Maintenance Contracts 1,128.60 American Payment Centers Payment Box Service 78.00 Aramark Uniform Shirts 22.99 Arch Wireless Pager Service 17.91 Ballis, Tom (5) 3/4" 4x8 CDX 123 -1182 117.40 Bonestroo, Rosene Anderlik & Assoc Professional Services 3,751.93 Carquest Equipment Repair Supplies 97.67 Catco Equipment Repair Supplies 10.65 Century Power Equipment Equipment Repair Supplies 12.26 Clark, Luann Cleaning at Public Works 140.00 Coca Cola Concession Supplies 1,406.20 Cole Paper Janitorial Supplies 226.97 Comcast Cable 68.33 Cub Foods Concession Supplies 33.04 Dalco Janitorial Supplies 129.75 Emergency Automotive Technology Replacement Strobe Tube 45.91 Galles Cleaning Supplies 232.94 & L Mesabi Plow Bolts & Nuts 111.08 ritage Printing Learn to Skate Flyers 1,739.63 Infratech Equipment Repair Supplies 174.44 Jefferson Fire & Safety Bumper Gear 2,792.50 KorTerra, Inc Korweb Services 1,080.00 Lehmicke Snowplowing at Rec Center 3,154.00 MN Occupational Health Drug Collections 425.00 MPELRA Winter Conference 50.00 MTI Equipment Repair Supplies 45.15 Napa Equipment Repair Supplies 33.85 Nardini Equipment Repair Supplies 163.16 Newman Traffic Signs Blank Traffic Signs 369.56 NFPA 2006 Membership Dues, National Fire Code Membership 810.00 Northern Tool & Equipment Lights & Light Bar 57.00 NPELRA Labor Relations Academy II 250.00 OAN Equipment Repair Supplies 7.44 Office Depot Office Supplies 2,078.69 OilAir Products 0-ring 23.16 Onsite Sanitation Weekly Rental Service 19.56 Purolator Shipping Expenses from Canada 116.00 R & R Specialties 77" Ice Blade Grind 31.00 Short Elliott Hendrickson, Inc. General Engineering Services 141.38 Springbrook Software, Inc. 2006 User Group Membership 50.00 iliwate Gazette Publications 470.05 een, Kim Refund Overpayment of Parking Violation 30.00 Sysco Concession Supplies 653.70 EXHIBIT " A" TO RESOLUTION #2006 -01 Page 2 Twin Cities Recreation Watson Company Wells Fargo Yocum Oil Zell Plumbing Ziegler MANUALS DECEMBER 2005 Emergency Automotive Tech MN Dept of Public Safety Postmaster Springbrook Software Stillwater Ford Lincoln Mercury Xcel Energy ADDENDUM TO BILLS ADP Ancom Technical Center Appiant Ballis, John Carquest CCH Incorporated Cub Foods Downtowner Car Wash Emergency Apparatus Maintenance Express Lube and Rental Harburn Enterprises Inc. Hendrickson Jefferson Fire & Safety Johnson, Ron Knauss, Chantell Legislative Associates, Inc. Magnuson Law Firm Miller Excavating MN Government Finance Officers Assoc. Office Depot Otis Press Publications Quill Qwest RDJ Specialties, Inc River Valley Printing Installation for Benson Park Play Equipment Concession Supplies Paying Agent Fees Fuel Repairs to City Hall Bathroom Equipment Repair Supplies Light's and Equipment for Police Vehicles "POLICE" Plates Newsletter Postage Annual Software Maintenance (3) Maintenance Agreements Electricity Drug Screen Field Service Labor Security Audit Background Checks Equipment Repair Supplies 2006 GAAP Guide Spring Water complete Detail & Strip Decals Equipment Repair Supplies Rental of a Light Tower Emblems Work Module - Diane's Office First 1/2 Labor Charge to Fire Truck Reimburse for Floor Dry Supplies December Expenses Services Through December 31, 2005 Services Through December 27, 2005 City Hall Water Main Repair 2006 Membership Office Supplies 2006 Elevator Maintenance Agreement CDD Ad Office Supplies Telephone Fire Safety Bookmark Fire Inspections Worksheet • 6,125.00 104.88 62.50 6,117.99 164.00 163.98 6,095.76 45.00 1,068.29 12,179.51 12,000.00 3,536.72 320.00 204. 8,500.W 1,500.00 47.71 186.91 45.00 180.78 143.70 79.13 624.68 529.57 210.88 38.21 38.80 3,833.33 4,625.00 5,370.00 40.00 648.21 4,130.01 239.00 318.12 501 142. 142. 116.09 •XHIBIT " A" TO RESOLUTION #2006 -01 Page 3 • • Schuster Co. Office Supplies 3,029.32 St. Croix Events Firework Donation 15,000.00 Stillwater Motors Equipment Repair Supplies 29.20 Taser International Replacement Handle 75.00 WaI -Mart General Supplies 31.51 Washington County Supervisor Training 930.00 Wells Fargo Paying Agent Fees 375.00 Xcel Electricity & Natural Gas 40,118.23 Adopted by the City Council this 3rd Day of January, 2006 TOTAL 163,649.01 • • • RESOLUTION 2006 -08 BE IT RESOLVED by the City Council (the Council) of the City of Stillwater, Minnesota (the City) as follows: 1. Recitals. RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE a. The Internal Revenue Service has issued Section 1. 103 -18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time for the issuance of the bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. c. The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103 - 18(1)(2) of the Regulations or (iii) expenditures constituting of preliminary expenditures as defined in Section 1.103 -18 (i)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out of the proceeds of the debt (the Bonds) to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in section 1.150 -1 (h) of the Regulations d. This declaration is a declaration of official intent adopted pursuant to Section 1. 103 -18 of the Regulations. 3. Budget Matters. As of the date hereof, there are no City funds reserved, allocated on a loll term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects other than pursuant to the issuance of the Bond. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during the normal business hours of the City on every business day until the date of issuance of the bonds. 5. Reimbursement Allocations. The City's financial officer shall be responsible for making the reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1. 103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statue, which would apply to the unspent proceeds of the Bonds. Adopted this 3rd day of January, 2006. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • • Library Renovation Project Capital Outlay 2006 EXHIBIT A $5,100,000 $1,300,000 Attest: RESOLUTION 2006 -09 APPOINTMENTS TO VARIOUS CITY OF STILLWATER BOARDS /COMMISSIONS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed the following at their December 20, 2005 regular City Council meeting: HERITAGE PRESERVATION COMMISSION Roger Tomten — term expires 1/1/09 Larry Nelson — term expires 1/1/09 HUMAN RIGHTS COMMISSION Ellie Samuelson — term expires 1/1/08 Wally Goettl — term expires 1/1/08 J. Neil Tift - term expires 1/1/08 Marcia Nelson — term expires 1/1/08 LIBRARY BOARD Mary Lou Rice - term expires 1/1/09 Andrea Tipple - term expires 1/1/09 Mary Weber - term expires 1/1/09 PARK BOARD Paul Donna - term expires 1/1/09 Linda Amrein - term expires 1/1/09 Sandy Snellman - term expires 1/1/09 PLANNING COMMISSION David Middleton - term expires 1/1/09 David Peroceschi - term expires 1/1/09 Bradley Meinke - term expires 1/1/09 DOWNTOWN PARKING COMMISSION Jocelyn Tilsen — term expires 1/1/08 James Martin — term expires 1/1/08 Adopted by Council this 3rd day of January, 2006 Diane F. Ward, City Clerk Jay L. Kimble, Mayor LIST OF BILLS •HIBIT " A" TO RESOLUTION #2006 -01 1st Line /Leewes Concession Supplies 1,387.14 Allstar Wireless (2) Maintenance Contracts 1,128.60 American Payment Centers Payment Box Service 78.00 Aramark Uniform Shirts 22.99 Arch Wireless Pager Service 17.91 Ballis, Tom (5) 3/4" 4x8 CDX 123 -1182 117.40 Bonestroo, Rosene Anderlik & Assoc Professional Services 3,012.71 Carquest Equipment Repair Supplies 97.67 Catco Equipment Repair Supplies 10.65 Century Power Equipment Equipment Repair Supplies 12.26 Clark, Luann Cleaning at Public Works 140.00 Coca Cola Concession Supplies 1,406.20 Cole Paper Janitorial Supplies 226.97 Comcast Cable 68.33 Cub Foods Concession Supplies 33.04 Dalco Janitorial Supplies 129.75 Emergency Automotive Technology Replacement Strobe Tube 45.91 Galles Cleaning Supplies 232.94 H & L Mesabi Plow Bolts & Nuts 111.08 Heritage Printing Learn to Skate Flyers 1,739.63 ratech Equipment Repair Supplies 174.44 efferson Fire & Safety Bumper Gear 2,792.50 KorTerra, Inc Korweb Services 1,080.00 Lehmicke Snowplowing at Rec Center 3,154.00 MN Occupational Health Drug Collections 425.00 MPELRA Winter Conference 50.00 MTI Equipment Repair Supplies 45.15 Napa Equipment Repair Supplies 33.85 Nardini Equipment Repair Supplies 163.16 Newman Traffic Signs Blank Traffic Signs 369.56 NFPA 2006 Membership Dues, National Fire Code Membership 810.00 Northern Tool & Equipment Lights & Light Bar 57.00 NPELRA Labor Relations Academy II 250.00 OAN Equipment Repair Supplies 7.44 OilAir Products Oring 23.16 Office Depot Office Supplies 2,078.69 Onsite Sanitation Weekly Rental Service 19.56 Purolator Shipping Expenses from Canada 116.00 R & R Specialties 77" Ice Blade Grind 31.00 Short Elliott Hendrickson, Inc. General Engineering Services 141.38 Springbrook Software, Inc. 2006 User Group Membership 50.00 Stillwater Gazette Publications 470.05 Sween, Kim Refund Overpayment of Parking Violation 30.00 IIP sco Concession Supplies 653.70 win Cities Recreation Installation for Benson Park Play Equipment 6,125.00 EXHIBIT " A" TO RESOLUTION #2006 -01 Page 2 Watson Company Concession Supplies 104.8 Wells Fargo Paying Agent Fees 62.50 Yocum Oil Fuel 5,878.61 Zell Plumbing Repairs to City Hall Bathroom 164.00 Ziegler Equipment Repair Supplies 163.98 • • • Memo • DATE: TO: FROM: Chantell Knaus Director of Administration December 29, 2005 Mayor and City Council RE: Sand Creek Contract Renewal for 2006 The City contracts Employee Assistance Program (EAP) services through the Sand Creek Group, Ltd. Attached is the proposed contract for the term January 1 — December 31, 2006. • The total contract price for 2006 is $2,025.00. The cost per employee remains the same since 2000 at $22.50 per employee. Recommendation Staff recommends the City Council adopt the attached Resolution approving the Renewal Agreement with the Sand Creek Group for Employee Assistance Program Services for January 1 - December 31, 2006 in the total amount of $2,025.00. ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. 2006 - 02 APPROVING RENEWAL AGREEMENT WITH THE SAND CREEK GROUP FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Agreement with The Sand Creek Group for Employee Assistance Program (EAP) services for the term January 1 — December 31, 2006 at a cost of $2,025.00 is hereby approved. Adopted by the City Council this 3 day of January 2006. Jay Kimble, Mayor • • • and Creek g r o u p l t d RESOURCES WITHOUT BARRIERS 1. Services Provided: Employee Assistance Agreement between The Sand Creek Group, Ltd and The City of Stillwater The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household members. 2. Employee Assistance personnel policy development and consultation. 3. Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to them. 610 North Main Street Suite 200 Stillwater, MN 55082 (651) 430 -3383 (800) 632 -7643 sandcreekeap.com 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6. Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brief counsel and, when necessary, referral free -of- charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. &. 24 hour telephone crisis intervention. 9. Worksite visits from an EAP representative to continually evaluate the status of the • program and your satisfaction. "Whatever you can do, or dream you can begin it. Boldness has genius, power and magic in it." Goethe II. Coordination of Services: The City of Stillwater- agrees to work with the EAP representative in informing, its employees of this agreement and the services which are available to them. Use of Name: The City of Stillwater agrees to allow The Sand Creek Group, Ltd to list the City as a customer on promotional materials. Eligibility: All employees of The City of Stillwater and members of their household who are experiencing personal, emotional, family or social problems which have direct, indirect or potential effects on work performance or per socal well being, are eligible for the services of the Employee Assistance Program. V. Employee Participation: A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. VI Reporting: The Sand Creek Group, Ltd. will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. VII. Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd for the employee services is as follows: Number of employees 90 Cost per employee $22.50 Annual EAP Contract Cost $2, 025.00 Term of Contract January 1, 2006 to December 31, 2006 Optional Services: Organization Development Services Trauma. Team Services Bag Lunch Seminars: $200:00 per hour $200.00 /1st two hours $100.00 per hour over two hours $200.00 per hour of presentation/facilitTh n S and Creek Group, Ltd. S.D.G. VIII. Fee for Ongoing Counseling: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employee /family member. IX Modification or Termination of Contract: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd. may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd. 14-� .` ce,-,?- 1,),1 ti-tk Gretchen M Stein, Ph.D., CEAP • Date President & Chief Executive Officer The Sand Creek Group, Ltd. GMS:jes. The City of Stillwater Date The Sand Creek Group, Ltd. S.D.G. • • 1 Attest: Diane F. Ward, City Clerk RESOLUTION 2006 -03 DESIGNATION OF DEPOSITORIES FOR 2006 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as City depositories for the Year 2006: Central Bank MJSK Investment Securities Jennings State Bank Lake Elmo Bank Piper Jaffrey Paine Webber U.S. Bank Wells Fargo Bank Minnesota 4 -M Investment Fund Morgan Keegan Edward Jones Merrill Lynch Wachovia Securities, Inc. Northland Securities Solomon Smith Barney First State Bank & Trust Multi -Bank Securities, Inc. Adopted by Council this 3rd day of January 2006. Jay L. Kimble, Mayor • • • BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the 2006 retainer for the City Attorney David Magnuson of $92,400 is hereby approved. Said retainer shall be effective January 1, 2006. Adopted by the City Council this 3` day of January 2006. ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. 2006 - 04 APPROVING 2006 RETAINER FOR CITY ATTORNEY Jay Kimble, Mayor 0 STAFF REQUEST ITEM • • Department: Fire DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase office furniture to create an improved work space environment, better utilize the existing office configuration, and increase file storage in the Fire Department's alarm room area. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The attached bid reflects total cost of the furniture and installation. This request is being purchased through unexpended 2005 Capital Outlay funds. Attached Bid Quote: $2,062.17 ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. I Submitted by: Stuart W. Glaser, Fire Chief Date: December 21, 2005 Date: December 21, 2005 DEC. 15. 2005 10.45AM MINNCOR 1 VH:.STR1 ES MINNCOR isdatstries i i1 To: Stillwater Fire Dept. Stillwater, Inventory j= 1; swv24 * ** * ** *m.„0aw *w* * * * * ** *** mac LIGHT NORm4LLALL s- r*r * * * ** * * * * * *4 *s **w01wrr* SYSTEM XXI COMPONENT, PART NUMBER 2 TRIM COLOR.. AS FOLLOWS ...'` *"w * * * * * * * * ** * **** PRDF30/3K * ** *v * * * * *** * * * * *30" LAMINATE DOOR, UNASSEMBLED . YOU NEED TO PICK THE COLOR, AND WHETHER ALL THE OVERHEADS KEYED ALIKE THIS LS A FABRIC PANEL SYSTEM XXI COMPONENT, PART NUMBER 1 TRIM COLOR. AS FOLLOWS ...PRDFS4/3K PM 54" OVERHEAD WITH FABRIC DOOR WORKZONE COMPONENT, PART NUMBER • TRIM COLOR. AS FOLLOWS... WBW3060 ! LFB /BL / 3L / 9 / NW / WB / TS / NEW / BL / WC Basic Workzone Worlaurface 30x60„ Laminate color is French Blue Matrix Edge is Black, 3m1 edging, No wire management trough. with beam (no modesty pane!) standard legs, sprayed clear Acrylic Texture, and base has glides not casters. WORKZONE COMPONENT, PART NUMBER 1 TRIM COLOR. AS FOLLOWS _. WBW3072 /LFB / 13L1 3L / 9 /NW/ iVB/TS✓' NEW /BL /NC/ Basic Workzcne Worksurface / 30 x 72 / Laminate color is French Blue Matrix, Edge is Black 3m! edging, No ware management trough, with beam (no modesty panel) standard legs, sprayed clear Acrylic Texture, and base has glides, not casters. 8670000000 DELIVERY SERVICE- DOCK/ONE PT DROP 1 MINNCOR TRUCK DELIVERY 70 DOOR, NO INSTALL. THIS ITEM IS UNASSEMBLED 00 DELIVERY SERVICE- DOCK/ONE PT DROP 1 MINNCOR TRUCK 1450 Energy Park Drive Suite 110 St, Paul, MN 55108 -5219 PH: 651- 603 -0118 Fax.: 651- 603-0119 www.nxiaancor.com Ship To Fire Department Tom Bailis Description Qty 000 SYSTEM XXI COMPONENT, PART NUMBER CWT.27 27 "WALL TRACK *" * * * * * * * * ** *SPECIFY WALL COLOR * * **.:* * ** , f*w * * * * * * ** SYS1E14 XXI COMPONENT, PART NUMBER 1 BTLN48 * * * * * * * * * * * * *48 "NORAL4L TRACK LIGHT *k*w*0w*w *v * * * * * * * * *** SYSTEM XXI COMPONENT, PART NUMBER 1 2 Qi ote Purchase Orlc Custen-er Date Shces Rep pet :n Re. Ship Date Unit EA L`nit Price $25.73 EA 360.51 EA 352.89 EA 3185.39 EA $244.92 EA 3278.75 EA $229.00 EA 50.00 EA $60.00 NO 226 P. n Quote 6908 11/14/2005 JJR NET 11/14/2005 $0.00 DEC. 15 2005110;45AM MINNCOR INDUSTRIES 1322€)00000 SYSTEM XXI COMPONENT, PART NUMBER 1 EA $248.26 7P /1524FBBF 151 215/8 X 25 5/16 FREESTANDING PEDESTAL FILE WITH TWO 6" BOX DRAWERS AND ONE12" FILE DRAWER, WITH HANGING FOLDER PARTITION, *** R* * ***** * *** *PLEASEADVSEONUNIT COLOR * * * * * *** * * * * * ** PLEASE ADVISE IF YOU WANT THEM KEYED ALIKE ** ** * * **** **" * * ** SYSTEM XXI COMPONENT, PART NUMBER 1 E,A $235.86 S7P /1524FFF FREESTANDING TWO 12.'" FILE DI1.4 l'TTH HANGING FOLDER PARTITIONS, 15 X 215'8 X 25 .5/16************* **SPECIFY COLOR OF UNIT AND LOC, INGPREFEI NCE***** * * *** *** * * * *** *** 00 SYSTEM XXI COMPONENT, PART NUMBER 2 EA $51.94 CWT.66 66" WALL TRACK/ BLACK MIMEO miND.226 amm P. 3 ummum 0 50.00 $0.00 Qtv This quote is valid 30 days from the date shown above. The ship date is estimated and assumes a receipt of a customer purchase order or signed approval of this quotation within 30 days of the quote date on this document. Signature Sale Tta Iota{ $1,936.31 $125,86 • Memorandum To: Mayor Kimble and City Council Members cc: Larry Hansen From: Larry Dauffenbach, Police Chief Date: 12/28/2005 Re: 2006 Squad Car Purchase The Police department would like to order three new police squad cars. They would be Ford Crown Victoria police package units ordered from the state bid Elk River Ford has the state bid. There is a 75 to 120 day delivery wait for the vehicles. We will again order black and white squads with the new graphics. The cost is $22,314.00 per unit. This does not include switch over of equipment, delivery fees, service contracts or any additional equipment. There is money in the capitol outlay budget for three new police squad cars. Recommend approval to purchase two new Ford Crown Victoria police squad cars from state bid. 1 DEC -19 -2005 03:23PM FROM -ELK RIVER FORD SALES +7632743338 ELK RIVER FORD FLEET & GOVERNMENT SALES LONNY LONNQUIST 763 274 - 3339 FAX TO: AT MINNESOTA CONTRACT NUMBER: 435254 GROUP l SPECIAL INSTRUCTIONS: DEC -19 -2005 16:03 RAY MCARTHUR 763 - 274 - 3314 17219HWY10NW ELK RIVER, MN 55330 2006 FORD CROWN VICTORIA POLICE INTERCEPTOR (INCLUDES: ) POLICE INTERCEPTOR PKG (720A) 4.6 V -8 ENGINE AOD TRANSMISSION POWER LOCKS & WINDOWS CLOTH BUCKET SEAT FRONT CLOTH REAR BENCH SEAT TILT STEERING AIR CONDITIONING MAP LIGHT REAR WINDOW DEFROST ABS BRAKES AM /FM STEREO RADIO 5" ROUND HEADER LIGHT 3.27 LIMITED SLIP AXLE (45C) HEATED MIRRORS (61K) RADIO NOISE SUPPRESSION (53M) SPEED CONTROL (525) FR DOOR MOLDING IN TRUNK (96B) ENGINE BLOCK HEATER (41H) CARPET W/ FLOOR MATS (128) PWR DECK LID REL ON DOOR (61H) RR DOOR HANDLES INOP (157) LEFT SPOT LAMP (51A) POLICE PWR PIGTAIL (179) PRICE $20,547 LESS CREDIT STANDARD PAINT - 460 $20,087 (DOES NOT INCLUDE APPLICABLE SALES TAX, LICENSE, OR TITLING FEE) IMPORTANT - TO RECEIVE THIS GOV'T PRICING YOU MUST HAVE A FORD FLEET ID# CALL US IF YOU DO NOT RECEIvE CONFIRMATION OF YOUR ORDER. PAYMENT IS DUE UPON DELIVERY OF EACH VEHICLE. ISSUE SEPARATE PO'S FOR EACH VEHICLE IF NECESSARY WADE TURNER 763 274 - 3319 DATE: PH: FAX: VEHICLE PRICE TOTAL OF OPTIONS FROM PAGE 2 SUB TOTAL FOR EACH VEHICLE EXT POWERTRAIN WARRANTY 3 YR OR 75,000 MILES, ADD 51550 QTY CODE AO BU DX DV HG JL JP LK LM LN LS MM T8 TM TN +7632743338 99% EXT POWERTRAIN WARRANTY 3 YR OR 100.000 MILES, ADD $2060 ( S50 DEDUCTIBLE - WARRANTY EXPIRES YR OR MILES, WHICHEVER COMES FIRST ) re TOTAL FOR EACH VEHICLE 04.2if 4 NUMBER OF UNITS T -825 P 002/007 F -960 FAX # OF PAGES LONNY @ELKRIVERFORDDODGEJEEP. COMi, FAX 763 - 274 -3333 .$20,087.00 tvg 3 I GRAND TOTAL FOR ALL UNITS I I GAvy ", =ES Nor'CUA Tax 3 uf.EnsE ELK RIVER FORD INC. EXTERIOR COLORS ARIZONA BEIGE MED BROWN DARK BLUE PEARL LIGHT TUNDRA SMOKESTONE DARK TOREADOR RED SILVER BIRCH DARK BLUE ROYAL BLUE LIGHT BLUE LIGHT ICE BLUE ULTRA BLUE TUNGSTEN LIGHT GRAY SILVER GRAY BLACK VIBRANT WHITE MED TITANIUM INTERIOR COLORS DK GRAY LT GRAY TAN P. 02 DEC -19 -2005 03:24PM FROM -ELK RIVER FORD SALES LINE 1 DELETE 2 DELETE 3 DELETE 4 DEL ETE DELETE DELETE DELETE DELETE OPTION DESCRIPTION SPEED CONTROL FOR CREDIT LIMITED SLIP AXLE FOR CREDIT BLOCK HEATER FOR CREDIT HEATED MIRRORS FOR CREDIT BODYSIDE MLDG FRT NOT IN - NO FRT PWR DECKUD REL ON DOOR FOR CREDIT REAR DOOR HANDLES INOP FOR CREDIT CARPETING AND FLOOR MATS FOR CREDIT • AM /FM RADIO FOR CREDIT LEFT HAND SPOTLAMP F OR CREDIT (GROUP I ONLY) RADIO NOISE SUPPRESSION PKG FOR CREDIT POLICE PWR PIGTAIL FOR CREDIT 13 • ADD SIDE AIR BAGS - DRIVER & P 14 ADD AM /FM STEREO W/ CASSETTE OVER STD 15 ADO POWER DRIVER'S SEAT 16 ADD SILICON HOSES W/ AIRCRAFT CLAMPS 17 ADD HORN SIREN WIRING PREP PKG 7 8 9 DELETE 10 DELETE 6 ... DELETE DELETE 18 KEYED ALIKE TO KEY CODE # 19 ADO ADD LAMINATED SECURITY SIDE GLASS ADD COURTESY LAMP DISABLE DELETE 5" CENTER MOUNT DOME LAMP 22 ADD LEFT HAND SPOTLAMP - GROUP II ONLY 23 ADD MATCHING RIGHT HAND SPOTLAMP -_GROUP I ONLY 24 ADD DUAL SPOTLAMPS -. GROUP it ONLY ADD LATERAL BOw REINFORCEMENT 26 ADD 3.55 LIMITED SLIP AXLE (LIMITS TO 119 MPH) 27 ADO LOCKING GAS FILLER CAP 0 28 ADD INSTALL FRONT 000R BODYSIDE MLDG - GROUP 1 ONLY: STD GROUP 11 2 ADD POWER ADJUSTABLE PEDALS - ADO FRT PWR DIST BOX (NOT AVAIL W/ 65A 65N. 68P, 65w, 65u, 179) 31 ADD RADIO 2 -WAY PREWIRE 32 ADO ROOF WIRING, HOLE IN CNTR OF ROOF (INCL LAT BOW REINFORCEMENT) e ADD ROOF WIRING, NO HOLE IN ROOF ADD VINYL REAR SEAT IN LIEU OF CLOTH 35 ADD GRILLE LAMP SIREN, SPEAKER WIRING 36 ADO TRACTION CONTROL 37 ADO TRUNK PACK W/ KEVLAR FRT LINER 38 ADD TUTONE PAINT - GROUP I ONLY (ROOF, 39 ADD TUTONE PAINT - GROUP I ONLY (HOOD, 40 ADD TUTONE PAINT - GROUP 1 ONLY (ROOF, 6 ADD FULL WHEEL COVERS - GROUP 1 ONLY, 4 2 DELETE PWR WINDOWS REAR (DRIVER & PASS, SWITCHES lt ADD 2P ADD '3P ADO '4P - SP - 6P '7P FIRE SUPPRESSION SYSTEM PACKAGE TRAY LAMP PREWIRE GROUP BASE POLICE PREP PKG - N/A w/ 66F, 65N, 68P, 65w, 65u ADD COMPLETE POLICE PREP PKG - N/A w/ 66F. 65A, 65N, 65w, 65U ADD READY- FOR- THE-ROAD PKG - N/A W/ 66F, 68P, 65N, 65w. 65A ADO VISIBILITY PKG - N/A W/ 66F, 65U, 65A, 68P. 65N ADD VISIBILITY BASE PKG - N /A/ W/ 66F, 6SA, 65u, 68P SERVICE MANUALS AND ADDITIONAL OWNER'S MANUALS (SALES TAX APPLIES) ASTERISK INDICATES DETAILS PROVIDED UPON REQUEST. WADE_2.xls: OptionCVPI DEC -19 -2005 16:04 PAGE 2 - OPTION ORDER FORM PACKAGES AVAILABLE TOTAL OF ALL OPTIONS ADDED TO ORDER! (p 7 (7 RADIO +7632743338 MLDG (GROUP 1 ONLY) (SWITCH ON DASH ONLY) - HD VINYL STANDARD ALL 4 DOORS) ROOF. DECKLID) FRONT 2 DOORS ONLY) STD GROUP it ONLY) +7632743338 99% T -825 P 004/007 F -960 CODE PRICE I ORDER 525 $ (189.00) 45C $ (105.00) i 41H 1 $ (29.00) 61K , $ (29.00)1 96B (25.00)! ._ ... 61H $ (50.00) 15 $ - (21.00) 128 $ (105.00) 58Y $ (84.00) 51A $ (160.00) 53M $ (80.00) 179 $ (21.00) 59M $ 252.00 58H $ 155.00 21A $ 319.00 177 $ 269.00 175 $ 34.00 $ 42.00 68G $ 248.00 • 478 $ 17.00 54M N/C 51A $ 160.00 51Y $ 126.00 51Y S 286.00 185 $ 67.00 $ 138.00 54G $ 8.00 96A $ 25.00 59C $ 101.00 66F $ 80.00 946 $ 38.00 187 $ 164.00 189 $ 71.00 $ 55.00 172 N/C 553 $ 147.00 14T $ 160.00 952 $ 378.00 953 $ 378.00 955 $ 378.00 64N S 38.00 948 $ 21.00 60S 476 65A 68P 65U 65W 65N $ 2,100.00 $ 38.00 $ 622.00 $ 1,718.00 $ 3,436.00 $ 2,570.00 $ 1.617.00 • P. 04 • • • MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen DATE: December 19, 2005 SUBJECT: St. Croix Caterers Management Agreement for Recreation Center and Lily Lake Arena — 2006 Accompanying this memo is the proposed agreement between the City of Stillwater and St. Croix Caterers for the management of the St. Croix Valley Recreation Center and Lily Lake Arena for the calendar year 2006. The agreement is identical to past agreements and includes minor adjustments in the budget. The management fees have not changed and remain as: 5% of the gross revenues not to exceed $35,000. In my opinion, St. Croix Caterers provides an excellent management service. The results of operations continue to exceed expectations and provides for increased funding of debt service. Since there is basically no change in the contract and the service continues to exceed expectations, I recommend the renewal of the agreement. The Parks and Recreation Board reviewed this matter on November 28, 2005 and unanimously recommended renewal. RECOMMENDATION Council approve the recreational facilities management agreement between the City of Stillwater and St. Croix Caterers for the calendar year 2006. APPROVING ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the Agreement between the City of Stillwater and St. Croix Catering for the arena management of the St. Croix Valley Recreation Center and Lily Lake, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 3` day of January, 2006. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • • • • ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ( "Agreement ") is made this day of 2006, between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City "), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ( "St. Croix "). WITNESSETH The City is the owner of Lily Lake Ice Arena ( "Lily Lake ") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, and a multipurpose domed field house (collectively, the "Facilities "). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2006 and continuing until December 31, 2006, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so- called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty -five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and Page 1 of 11 in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions "). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. j. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. g. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ( "Sports Facilities Fund "). Page 2 of 11 • n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty -four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and /or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02 City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. g. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark- up" for resale items such as sports equipment and food and beverages. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. Page 3 of 11 h. Budget. Approve and /or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2006 and ending December 31, 2006. The budget will become a part of this Agreement and will be attached as Exhibits "A ", "B" and "C ". The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2006. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty -five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee. Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5 %) of the gross revenues ( "Management Fee "), not to exceed a total fee of thirty -five thousand and no /100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no /100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. Page 4 of 11 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services and Operating Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. That portion of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ( "Additional Capital Improvements ") and the purchase of additional Page 5 of 11 equipment ( "Additional Equipment ") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records. Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Right to Cure. Consent to Jurisdiction and Waiver of Jury Trial. 11.01 It will bean event of default ( "Event of Default ") hereunder if either party hereto: Page 6 of 11 a. Fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or b. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice "). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re- employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. Page 7 of 11 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Page 8 of 11 • • • Section 15. Employees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. § 181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severabilitv. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt Page 9 of 11 requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator /Treasurer City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On -site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Maieure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to • be executed on the day and year first above written. Page 10 of 11 • STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of , 2006, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Diane F. 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 Stillwater, and that this instrument was signed and • sealed on 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. • STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) On this day of , 2006, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Page 11 of 11 CITY OF STILLWATER a Minnesota Municipal Corporation Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk CROIX CATERERS, INC. Richard Anderson, President Notary Public Notary Public • STAFF REQUEST ITEM • • Department: Public Works & Parks DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to get quotes on capital outlay items that are not on State Bid. Parks $30,000 $200,000 $50,000 $20,000 $36,000 Sewer FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) All items are budgeted for Capital Outlay 2006. ADDITIONAL INFORMATION: ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Landscaping /fencing for Schulenberg Park Munkelwitz Property landscaping, seeding & structures Trail improvements Lowell Park restroom ventilation Resurface tennis courts and basketball courts $13,500 Sewer camera transporter -' Date: 12 -28 -05 Date: 12 -28 -05 BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the purchase of requested equipment not listed on the 2006 State Bid is hereby approved and that such equipment is purchased after receiving quotes. Adopted by the City Council of Stillwater this 3rd day of January 2006. Attest: Landscaping, fencing, seeding, play structures, trail improvements, restroom ventilation, and resurfacing courts Diane F. Ward, City Clerk AUTHORIZING OBTANING QUOTES FOR PURCHASE OF ITEMS NOT AVAILABLE ON STATE BID FOR PUBLIC WORKS DEPARTMENT Jay L. Kimble, Mayor • • • • STAFF REQUEST ITEM • • Department: Parks and Public Works DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to order and purchase the following equipment under the State Bid. Street Dept. $140,000 large plow truck with dump and sander $ 30,000 3 /4 ton 4x4 pickup Parks Dept. $ 50,000 heavy duty 1 ton truck with plow and sander FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) All items are budgeted for Capital Outlay 2006. ADDITIONAL INFORMATION: ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Date: December 28, 2005 Date: 12 -28 -05 Attest: Diane F. Ward, City Clerk AUTHORIZING PURCHASE OF EQUIPMENT FOR PARKS AND PUBLIC WORKS DEPARTMENT BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the purchase of the following equipment under the State Bid for 2006 is hereby approved. Plow truck with plow and sander, 3 /4 ton pickup truck, and a 1 ton truck with plow and sander Adopted by the City Council of Stillwater this 3rd day of January 2006. Jay L. Kimble, Mayor • • • i • Memo • • To: Mayor and City Council irr- From: Steve Russell, Community Development Director Date: December 28, 2005 Subject: Continuance of Public Hearing on Appeal of Planning Commission's Decision for a Variance to the use of a Site at the corner of Myrtle and Owens. Case No. V/05 -64. The applicant requested a continuance of this appeal at your December 20, 2005 Council meeting to the January 3, 2006 Council meeting. Memo To: Mayor and City Council From: Steve Russell, Community Development Director Date: December 14, 2005 Subject: Public Hearing on Appeal of Planning Commission's Decision for a Variance to use of Site at Corner of Myrtle and Owens. Case No. V /05- 64. Background. This item was heard by the Planning Commission at their meeting of November 14, 2005. The applicant presented their request for a retail use and the difficulty of using the property for residential purposes. Neighbor's spoke in opposition to the request stating concerns for additional commercial traffic and parking. The request is a use variance not allowed by City or State code (CPC Minutes 11 -14 -05 attached). The applicant has appealed the decision as stated in the attached letter. Planning Commission Action on 11- 14 -05: Denial 8 -0 Council Recommendation: Decision on variance request Attachments: Letter of appeal, 1115 -05, CPC staff report and minutes 11- 14 -05. Applicant requested continuance to the 1/3/06 Council meeting. • • • 4 f Memo To: Mayor and City Council From Steve Russell, Community Development Director 1 Date: December 14, 2005 Subject: Public Hearing on Appeal of Planning Commission's Decision for a Variance to use of Site at Corner of Myrtle and Owens. Case No. V /05- 64. Background. This item was heard by the Planning Commission at their meeting of November 14, 2005. The applicant presented their request for a retail use and the difficulty of using the property for residential purposes. Neighbor's spoke in opposition to the request stating concerns for additional commercial traffic and parking. The request is a use variance not allowed by City or State code • (CPC Minutes 11 -14 -05 attached). The applicant has appealed the decision as stated in the attached letter. Planning Commission Action on 11- 14 -05: Denial 8 -0 Council Recommendation: Decision on variance request Attachments: Letter of appeal, 1115 -05, CPC staff report and minutes 11- 14 -05. • November 15, 2005 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN. 55082 Re: Case NO: V/05 -64 APPEAL To Whom This May Concern: Please find enclosed a check for $50.00 for my appeal on the denial of my request for a variance. I believe approving my request and allowing my purpose will enhance the area and provide wellness to people. I realize RB zoning is restrictive of my plan, and that is the purpose of requesting a variance as Len's and the health club has and is now legally in operation due to the variance. That is the same variance I am seeking. They are both in the same zoning as my property, and in fact they do not operate whatsoever as a residential structure, which my property would. I understand a variance is for the property use to be approved only for the intent and purpose for which I am requesting and also only while I own the property and have the store. The advisor during our public hearing was not honest in the terms of the variance when speaking to the planning commission board. He stated the variance was for the property and the change in use would stay with the property. My request does not "start" a strip commercial land use pattern. My property would still remain partially residential and the commercial use would be very selective and slow moving. Many of the customers would be referred from healthcare providers looking for resources and products for natural healing and well- being. As a property owner, I expect to have the same opportunities as Len's and the Health Club property owners. My little store in the lower half of a duplex would not have an effect of the traffic situation and it is not disruptive in nature. The streets are public and I should not be denied usage for my intentions to save room for others intended usage. Len's has a lot that is rarely used and almost always empty. Even their delivery trucks park in the street on Myrtle rather than back up to the loading dock. The Health Club has been added on to significantly since our purchase in 2002 of the property extended their use on the public streets tremendously for an entire block or more, plus they have a very large parking lot that is always full. I am asking for permission to have a small store that would not have heavy traffic in and out and most customers would come on foot or if they did drive could park in the driveway for the property. I would like to be able to sell the products I make, and the products I do not make would arrive by mail, not large trucks. There are corner • • • • stores,bars, and businesses throughout the neighborhood which do not offer to the community the same resources or products as my store would. The store is for populations with diseases and disabilities which would benefit by the products and resources I will offer to the public. Also some of the products would be made by these populations in programs designed for them to participate in activities that encourage them to participate in and have self worth and value and also help them to forget about their diseases and disabilities and focus on their abilities. I do not expect to be oppressed or denied to have the same opportunities as my neighbors. The traffic is as it is and my dream and request for this small store is not to blame and would have no impact on the situation. The property right on the corner makes it hard to rent out residentially with the grocery store across the street. If the stoplight is installed on the corner, I think it is more awkward for my property to be a just a residential home than a small store to be on the corner. I have signs stuck in my yard without my permission constantly. I have people sitting on my front steps. I have a burden with the property functioning as residential only because of existing conditions in the area. With Len's and the Health Club zoned the same and approved for additional expansion operating the same as I am requesting, by variance, it would be clear favoritism and discrimination by not allowing me to have a small store and the same opportunities as my neighbors. • I would like to have the Stillwater City Council hear my appeal for my rights and approval of my request as Len's and the Health Club have successfully obtained. Sincerely, 6 t 4 Lisa Ann Clark &AIL 12/13/2005 10:34 6517a94737 December 12, 2005 Re: Variance Dear Steve Russell Community Development Director I have received your notice of an appeal of the Planning Commission's decision on a request from Lisa Ann Clark for a variance to the Duplex Residential Regulations for a commercial use at 104 North Owens St. Case No. V/05 -64. SAI /ELAND PAGE 01 I am disappointed that such an important issue to my neighborhood is being heard at a meeting taking place so close to Christmas when many neighbors will be unable to attend to voice their objections. In lieu of being able to attend, 1 am writing this letter on behalf of myself and my neighbors. I object to a change in the residential zoning laws. Our neighborhood already suffers from the lack of the city's response to our requests for enforcement of the speed and noise laws. The traffic on Sherburne St. No. is horrible and dangerous. Also, to avoid the hazards of parking on Myrtle St., folks park on Sherburne St. which is not a welcome situation for the Sherburne residents, More traffic in our neighborhood is not welcome either! The comer of Owens and Myrtle is already congested and drivers avoid the area by speeding down Sherburne St. to avoid the 4 way stop signs. Len's is a wonderful addition to our neighborhood and everyone is so happy that they are close by. A therapeutic healing retail sales home business would add absolutely nothing to the neighborhood. There is already a well established spa just across the street! Also, once a variance is granted hopefully, it will not be granted....but hypothetically, if it were to be granted and then the business went out of business, the precedent would have been established and the neighborhood would be at the mercy of whatever business chose to take its place. Also, the precedent having been established would pave the way for more retail businesses in the area. Please, consider the established residents of this already hurting neighborhood. Listen to the residents! ! ! Preserve the integrity of our residential neighborhood. Do not grant this request for a variance. Thank you. Linda Saveland 106 Sherburne St. No. Stillwater, MN 55082 c c�� C74*.t. ..ti P 6.L,- c.1 ..Y - off z .54 44 h . 1 • _d Ma:s. g .<.. .i-+/ 4721' ! ' /V , Si4e -e kocv e g, 17e s L a evi , // ..s frii w s . • • City of Stillwater Planning Commission November 14, 2005 Present: Chairperson Robert Gag, Gregg Carlsen, Mike Dahlquist, Dave Middleton, David Peroceschi, Paul Teske and Jerry Turnquist. Mr. Gag introduced Suzanne Block, a new member. Others: Community Development Director Steve Russell. Absent: David Junker. Mr. Gag called the meeting to order at 7:00 p.m. Annroval of minutes: It was moved and seconded to approve the minutes of October 10, 2005. Minutes were approved unanimously. Case No. V/05 -64 A variance to the Duplex Residential Zoning Regulations for a commercial use, therapeutic healing retail sales home business located at 104 North Owens Street in the RB, Two Family Residential District. Lisa Aim Clark, applicant. Ms. Clark was present. She has owned the property on the corner of Owens Street since 2002. II She said she initially couldn't tell what the property was built to be but finally figured out it was a duplex. Ms. Clark added that it was not safe structurally when she bought it. There is an upstairs apartment. Ms. Clark is trying to figure out what to do with the downstairs since the lower area doesn't have plumbing other than a bathroom —no kitchen plumbing or appliances. She's going to school for therapeutic horticulture at the Arboretum. Part of her training is learning to make natural healing balms. Ms. Clark would like to sell therapeutic healing items at the duplex. Ms. Clark anticipated that most of her business would be from referrals. • Mr. Turnquist wondered what Ms. Clark was going to do with the apartment. She stated she was planning to keep it. Ms. Clark said a family member would live upstairs. Her business hours would be very flexible —she is willing to cooperate with the community. Ms. Clark doesn't anticipate parking issues because she doesn't believe there will be large groups of customers coming at the same time. Mr. Peroceschi asked if the variance stayed with the owner or the property. Mr. Russell advised that the variance stayed with the property. Mr. Gag invited the public to approach the podium. Ted Gillen, 1011 W. Myrtle, stated he lives across the street from the property in question. He does not want to see commercial use of this building. Right now there is a tremendous problem with traffic and parking because of the nearby store. If the store property is sold and the owner decides not to have a store, it reverts back to residential use. Mr. Gillen doesn't feel the area warrants adding more commercial structures. He noted the proposed use could be located elsewhere. He knew the prior owners and acknowledged part of the house was not in good condition. There were facilities in the lower level for a kitchen. Mr. Gillen didn't City of Stillwater Planning Commission November 14, 2005 Page 2 have a problem with the apartment. However, he didn't think there was a second egress for the upstairs. He objects to the commercial use due to the probability of (1) increased traffic and (2) the affect on adjacent property values. Al Ruttger stated he lives across the street from Ms. Clark's property. He agrees with Mr. Gillen's concerns and noted there is a lot of traffic. There was no further comment from the public. Mr. Peroceschi stated that despite the merits, it's clear that the proposed use of the prop- erty is a use variance. The code is clear that a use variance is not allowed. The Commis- sion would have to deny the request. Mr. Peroceschi moved to deny it. The motion was seconded by Mr. Turnquist. Mr. Teske commented that it was a nice business plan. However, in the proposed area, it doesn't seem to be fair for the neighbors to have to deal with additional traffic. The motion to deny was passed unanimously. Case No. SUB /05 -65 A subdivision of Lot 3, Block 15 Carli and Schulenberg's Addition (15,000 square feet) into two lots of 7,500 square feet each located at 324 Wilkins Street East in the RB, Two Family Residential District. Scott Junker, applicant. Mr. Junker was in attendance. The property is on the north hill. There was a fire last year. The City cleaned up the site and Mr. Junker purchased it. He would like to con- struct two homes, instead of one. The house to the west (where water and sewer cur- rently is) would be about 2000 square feet; the house to the east 1400 -1500 square feet. Mr. Junker would like to have both driveways come off of Broadway. The homes are similar to the one he built on Poplar by the golf course. They would be similar to one another with two stories, porches and two -car garages. There currently is a two -car ga- rage on the site that will be removed. The public was invited to comment. Brian McMann, 1107 North First Street, stated his backyard is contiguous to the property. He moved to the north hill because he didn't want to live in a new development area. The houses in the area are 100 -150 years old. He's afraid that the message will be sent that no matter where someone may live, if there's a fire, two, three or more houses could be crammed onto a piece of property and the overall effect would destabilize the area. There being no further comments from the audience, it was brought back to the Commis- sion. Mr. Middleton commented that he was glad to hear there are no proposed variances. He felt there was nothing that would stop the development as it meets the minimum lot size. He moved to approve the application. Motion was seconded by Mr. Peroceschi. Mr. • t • PLANNING APPLICATION REVIEW FORM CASE NO. V/05 -64 Planning Commission Date: November 14, 2005 Project Location: 104 Owens Street No Comprehensive Plan District: Single Family Zoning District: RB Applicants Name: Thomas and Lisa Ann Clark Type of Application: Variance Project Description: Variance to the use requirements of Duplex Residential District to allow retail sales. Discussion: The request is to use the residence on the northwest corner of Myrtle Street and Owens Street for retail sales. The RB zoning regulations do not allow retail sales. The Comprehensive Plan cautions against commercial uses on residential collector III streets. The request tends to start a strip commercial land use pattern and further impacts the character of the neighborhood with retail activity, parking and signage. • The Len's Food use and Heath Club are legal, nonconforming uses and were in place before the RB regulations were changed. Recommendation: Denial Findings: The proposed use variance is not conforming with the Duplex Residential Zoning Regulations. Attachments: Letter of submittal and application. CPC Action on 11/14/05: Denied 8 -0 PLANNING ADMINISTR. ION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 PROPERTY IDENTIFICATION Address of Project lenC L Q - /\/ Zoning District Description of Project Case No: Date Filed: Fee Paid: Receipt No.: ACTION REQUESTED Special /Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submittet in connection with any application. All supporting material (1 e. photos, sketches, etc.) submitted with applicatioi becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If applicatiot is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obit( required building permits. Assessor's Parcel No.____ W _ 3v`i/� lO � (G e c l\Il lures O Cod G e c et) siS "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner1\AWG 5 -t t .jil f`1V1 Mailing Address 1 1535 QI PYA r City - State - Zip q�t,\1atA-e.( 1 ,i' , �) IK l Telephone No. Signature Lot Size (dimensions) x Land Area Height of Buildings: Stories Principal Accessory H:\mcnamara\sheila\PLANAPP.FRM Representative Mailing Address City - State - Zip Telephone No. Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION 1 / 8 0 - 0 7 0 0 -T 44-et. k April 20, 2005 Feet Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces (c 1- • • October 13, 2005 • Planning Commission Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN. 55082 Re: Property at 104 Owens Street Dear Planning Commission: We own the property at 104 Owens Street in Stillwater on the comer of Owens & Myrtle directly across from Len's Grocery Store, next to a duplex and in view of the Just for Me Spa. It has been a hardship to utilize the property for residential purposes as it is a busy and noisy corner and seems to be more of a commercial corner, especially for the corner we are at being directly across from Len's many people park right in front of our property to patron the store. After we purchased the property we found the previous owner had cut through main support beams= and did "home improvements" on his own, to include eliminating main floor kitchen. The property is zoned residential duplex and there is a one bedroom upper apartment. I would like to utilize the property for Therapeutic Healing retail/sales. It is a hardship to utilize the property as a duplex since the lower portion cannot function as such. Also the traffic and the noise is a concern. We have done much work to improve the property and would like the same opportunities.as our neighbors. I would like to sell therapeutic healing products, books, music and other health and wellness products and therapy information relating to therapeutic horticulture and natural healing practices. There is a driveway and several off - street parking spaces available both on Owens and Myrtle Street. This would be very subtle and small scale. In the spring of 2006 I will become certified in Therapeutic Horticulture. I would also like permission to have small groups of individuals gather for health and wellness informational purposes. I am requesting a variance rather than a zoning change to give the opportunity to the city to return it to the use of Residential Duplex use if we sell the property or discontinue the use. There would be no additional structures requests or boundary changes. Sincerely, / �.,, 14_) • 0 Lisa Ann Clark/mailing address 4535 Osgood Avenue N. Stillwater, MN. 55082 J it • 4:1 griki . `mil 1 4,E )3 I ii �a B . 20 M 0 Imo j iO 4 1 lir lot LIM x lir iD v 11; ST ^ L 0/MYRTLE' • Q • 0 4'4 1110 1 - 4 1 Ij - 4 i l J _ T . Ir T1 0 it 11 NIP A lam 0 0 " 4111 Location Map /8 y • T32N S��-- z424/43„ X� Din/ R2l R=OW R19 T3I NI T31 T3ON T29N T29N T28N{((�`��: T28N T27N Nj T27N R22W R21W R2OW Vicinity Map 0 129 Scale in Feet This drewrn9Is Te result of a compilation end reproauceon &Nerd records as they s WasmngtOn County offices a appear m�ne venous be used wire /ararrca Punmsaa mmy wasmnpton co. la not responsible for erynsccureaes seams waa�m!4 "' sumavon °"" Phony 1851)430 -8815 Parcel data bee. on A.00 on cum. thrwgh September5O, 0, 2205 2005 Abp pureed Nwember8 2005 or 4 • Memo • • To: Mayor and City Council From: Steve Russell, Community Development Director /--- Date: December 29, 2005 Subject: Request to Resubdivide Existing 85,480 Square Foot Site into Four Lots of 37,800 Square Feet (existing residence) 17,580 Square Foot vac, 15,647 vac and 14,460 square foot vac in the Duplex Residential District. No. SUB /05 -70. Background. This site is located on North Broadway on the river side. Currently, one house is located on several lots totaling 85,480 square feet. The request is to resubdivde the site into four lots. The site is located on the bluff overlooking the St. Croix requiring a 30 foot setback. The sloped acreage is not counted as developable land. The resubdivided lot dimensions and sizes meet the lot size standard. City services are available to the site. Planning Commission Review. The Planning Commission reviewed the request at their meeting of December 12, 2005 and recommended approval of the resubdivision. Findings. The request is consistent with zoning and subdivision regulations. Recommendation: Decision on Planning Commission recommendation. Attachments: Application, plans, Planning Commission staff report and minutes of December 12, 2005. Conditions of Approval: 1. The applicant must present proof of paid assessments and pad deferred hookup charges to the Community Development Director and Finance Department before the subdivision is recorded. 2. All utility and drainage easements shall be shown on the recorded plat as required by the City Engineer. City of Stillwater Planning Commission December 12, 2005 Mr. Russell indicated Washington County has submitted comments regarding the subdivision. Mr. Middleton, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Dahlquist expressed a concern about access off Greeley Street and said he was concerned that the alignment of the access provides for a safe intersection. Motion to approve Case No. SUB /05 -45 passed unanimously. Case No. SUB /05 -70 A minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition at 1221 N. Broadway in the RB, Two Family Residential District. George Middleton, applicant. Tim Freeman of Folz Freeman Erickson Inc. was present representing the applicant. He explained the proposal to combine properties into three new buildable parcels in addition to the existing home. Mr. Peroceschi, seconded by Ms. Block, moved to recommend that the Council approve the proposed subdivision. Motion passed unanimously. Case No. SV/05 -71 A street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Block 9, Thomas, Parker and Mower's Second Addition. James and Diane Kleinke and Ande and Muriel Hassis, applicants. The applicants were present. It was noted a section of the street was vacated in 1990 and they did not envision the City ever using the portion of the street asked to be vacated. They said they did not want to extend the vacation any farther in order to maintain access to another Lot. Mr. Peroceschi asked how the vacation would be split. The applicants said they would work that issue out. Mr. Turnquist, seconded by Mr. Dahlquist, moved approval of the requested street vacation. Motion passed unanimously. Case No. SUB/05 -72 A minor subdivision of Lot 3, Block 1, Joseph Wolf Brewery Addition into one lot of 1,200 square feet at 402 S. Main St. in the CBD, Central Business District. Steve Bremer, 402 Main Street LLC, applicant. Mr. Bremer was present. He explained he was requesting the subdivision in order to sell a space, the current gift shop space, on the main level of the building. He said the space was never subdivided previously. Ms. Block moved approval of SUB/05 -72. Mr. Middleton seconded the motion; motion passed unanimously. Case No. CPA/05 -01 Comprehensive Plan Amendment changing land use designation of 8.0 acres of land, "Liberty West," from Rural Residential to Cottage Residential at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. Case No. ZAM /05 -01 Zoning Amendment changing the zoning designation from Agricultural Presentation, AP, to Cottage Residential, CR, of 8.0 acres of land at 7135- 7143 Manning Ave. Croix Capital Group, applicant Case No. PUD /05 -73 Planned Unit Development for a 20 -lot development on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. Case No. SUB/05 -75 Preliminary plan approval for a 20 -lot subdivision on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. 3 I It • PLANNING APPLICATION REVIEW FORM CASE NO. SUB /05 -70 Planning Commission Date: December 12, 2005 Project Location: 1221 North Broadway Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: George Middleton Type of Application: Subdivision Project Description: A minor subdivision of Lots 35 — 38, Block 7, Carli and Schulenburg's Addition. Discussion: The proposal is to resubdivide lots 35 — 38 Block 7 of Carli and Schulenburg's Addition to create lots consistent with the RB Zoning District standards. The minimum lot size in the RB district is 7,500 square feet (50 feet by 100 feet). Each of the parcels contains a platted lot along with some portion of a platted lot to the east of it. For example, Parcel A is the existing Lot 38, with a portion of Lot 4 being added to it. Parcel B is the existing Lot 37, with a portion of Lot 5 added to it (see attached map). There is an existing home on Parcel D that encompasses a portion of Lot 6, and is larger than the rest of the parcels. There are slopes greater than 18 % on the east side (rear side) of the parcel, these slopes were not calculated into the square footage of buildable area. All of the minimum zoning requirements have been met for this zoning district. This includes the lot area, lot width and depth, and all required setbacks from front, side, rear and bluff lines. The driveway serving the existing home on Parcel D will be relocated as shown on the attached map. This driveway will not exceed the maximum 12% grade required in the ordinance. Individual sewer and water services to each of the parcels were installed last year with the North Hill improvements. Recommendation: Approval with conditions Conditions of Approval: 1. The applicant must present proof of paid Assessments and paid Deferred Hook Up charges to the Community Development Director and Finance Department before the subdivision is recorded. Findings: Proposed subdivision is consistent with zoning requirements for the RB District. Attachments: Application Form /Letter from the Applicant /Site Survey 0 CPC Action on 12/12/05: +8 -0 approval PLANNING ADMINISTRA I ION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. cation. PROPERTY IDENTIFICATION /, N 5,ear f i�9-/ / 3 0 d- 041 / 044 3 Address of Project ) 50'I 7' GnI 5-r Assessor's Parcel No. 210 Zoning Districtl23 Description of Project / nn �h V' i Su� p�viS►a v (GEO Code) Signature Lot Size (dimensions) __ x Land Area Height of Buildings: Stories Principal Accessory H: \mcnamara \sheila \PLANAPP.FRM 51- 70y- \o2_ ure i r quired) April 20, 2005 Representative Mailing Address City- State - Zip Telephone No. Signature Feet SITE AND PROJECT DESCRIPTION (Signature is required) Total Building floor area , square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner ��c�i? G- Z AA(Apiero,j Mailing Address MO N , LID-4 Sr. City - State - Zip STI1-- c.1-0A 7L- AAA) 5s-a82 Telephone No. • Case No: c. /Z5 - Date Filed: /// Y /p s- 4 , Fee Paid: 4,504 Receipt No.: /5 ACTION REQUESTED The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (! e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10-day appeal ended, the applicant will receive a zoning use permit which must be signed and submitted to the City f o v e required building permits. 2 �roen 8 $ 4.,n ... i 2 - 3 ADDI .ION d. s N 8 11 i re v t LL r 320401 � BKSC PG48 VAC STREET i0 = w "' rar K awl 0 , y Z iro sa nreN 2 1.0a • R Li CD 1 R MOO AVENUE Location Map a " " A )DITIO I pe %„„ 13 g 11 .$ 07 STREET t 9 110 p0 ,w yy VACATED ASPEN ST Q S Q .,. ADDITION P5R DOC 555450 i l2u 1 P. 25 28 tea 10 A x ,,,. ext> 12 PART OF 411 ,4440 . 4 . 4 . 6 LAKE ST MINN DNR DIV PROTECTED W. LAKE ST C MINN ONR DIV OF WATT PROTECTED WATER 6 R21W R2OW RI9W T3 T32N T3 IN T31N 000388RE6 T3ON . T3ON T29N .. T29N T28N ' T28N 027N 8. T27N R22W R21 W R2OW Vicinity Map 0 239 Scale in Feet TMs drank. Is Ihe resell al a campeellan a gredumlan of lend records as they ppear In verkw W a.hIngion Count' dh.a The (Roaring y should ha used for reference only Washington County Is non purposes For any maccurwaa Source h l 51.0 68003 only 00rrey4d. 0118. Poem data eased on AS4001nro0mallon M treat through .plsmbar00, 2005 8 M Wlnled November 0. 2005 Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING 5 Middleton Minor Subdivision Narrative September 22, 2005 The proposal is to add property to some existing platted lots in Block 7 of CARLI AND SCHULENBURG' S ADDITION, to bring them into compliance with existing city standards for buildable lots. The property lies within the RB Two Family Zoning District. No change of the zoning is required or requested. Each of the parcels contains a platted lot along with some portion of a platted lot to the east of it. For example, Parcel A is the existing Lot 38, with a portion of Lot 4 being added to it. Parcel B is the existing Lot 37, with a portion of Lot 5 being added to it. Parcel C is the existing Lot 36, with a portion of Lot 6 being added to it. There is an existing home on Parcel D that encompasses a portion of 6 different lots, and is quite a bit larger than the rest of the parcels. The City of Stillwater has installed individual sewer and water services to each of these parcels already in the past. The assessments for these services have already been paid by the property owner. As demonstrated on the attached Certificate of Survey, Minor Subdivision map, all of the minimum requirements for lots in this zoning district have been satisfied. This includes the lot area, lot width and depth, and all required setbacks from front, side, rear and bluff lines. The existing driveway serving the existing home on Parcel D will be relocated as shown on the map. This existing driveway will not exceed the maximum 12% grade required in the ordinance. This request is considered a Minor Subdivision, even though several parcels are shown all on one map because there are less than the required amount of parcels being created from each existing tax parcel, of which there are several included in the request. 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 • Fax: (651) 430 -9331 • Website: www.ffe-inc.com Brute A. Folz, LS TimothyJ. Freeman, LS Todd A. Erickson, PE 1939 -1001 President Vice President N El ^ • 0 a . q m ▪ 0 ▪ q aiw m Q v�,rk .3 M 3 b :144 nqi >,,,-,u) 4., '�U �` W � w ' w oft 4 `'� °t wig a� v a b ° o 2 0 a w u vti y 'V 3 :' GL [-. rj aa 1 ,� 0 0 4 o .s a- n° i O^ 0 h O o C'; . o 2 oo a � 1) « h z ^ - a re) -13 � z 1 4 z r D U t N y4. v w�N nom_ ° • 42 C w Z WO w •�q3 v g . or g $ w a 2 o w a�� a a: 0 iD w N W+E S 5620 MEMORIAL AVENUE NORTH STILLWATER, MINNESOTA 55082 Phone (651) 439..8833 Fax (651) 430..9331 .~ 'ATE OF S ML OR SUBDIVISJ GIM MIDDLETON R VEY Folz, Freeman, Erickson, Inc. LAND PLANNING . SURVEYING . ENGINEERING N __~"IN~ _....- PARCEL A: s The North Ten (10) feet of Lot Thirty-seven (37); Lot Thirty-eight (38); and all that part of Lot Four (4), lying westerly of the line drawn parallel with and One hundred and fifty (150) feet distant Westerly from the East line of Block Seven (7) and south ofa line parallel with and Two hundred and Eighty-three (283) feet Southerly from the North line of Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILL WATER, Minnesota as amended by Myron Shepherds perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof. LEGEND PARCEL B: DENOTES ~ INCH X 14 INCH IRON PIPE MONUMENT MARKED WITH A PLASllC CAP INSCRIBED "FREEMAN LS 16989", UNLESS SHOWN OTHERWISE DENOTES FOUND MONUMENT, SIZE AND MARKINGS AS INDICA TED EXISllNG DRAINAGE o Lot Thirty-seven (37), except the North Ten (10) feet thereot; The North Fifteen (15) feet of Lot Thirty-six (36); and all that part of Lot Five (5), lying westerly of the line drawn parallel with and One hundred and fifty (150) feet distant Westerly from the East line of Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILL WATER, Minnesota as amended by Myron Shepherd's perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof. . PARCEL C: .. I o ORIGINAL SCALE 1 INCH = 30 FEET 16 310 SCALE IN FEET PARCELD: Lot Thirty-six (36), except the North Fifteen (15) feet thereot; The North Twenty (20) feet of Lot Thirty-five (35); and all that part of Lot Six (6), lying westerly of the line drawn parallel with and One hundred and fifty (150) feet distant Westerly from the East line of Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILL WATER, Minnesota as amended by Myron Shepherd's perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof. NOTES 6'0 1) ORIENTAllON OF THIS BEARING SYSTEM IS BASED ON THE EAST LINE OF N. BROADWAY AVE. WHICH BEARS N 00'38'20" W Lot Thirty-five (35), except the North Twenty (20) feet thereot; Lot Thirty-four (34) except the South Eighteen (18) feet of the West Seventy-five (75) feet; The North Eighteen (18) feet of the East Seventy-five (75) feet of Lot Thirty-three (33); All that part of Lot Seven (7), lying westerly of the line drawn parallel with and One hundred and fiftv ('5()) feet distant Wester~y from the East line of Block Seven (7); The West 68 teet of Lots Eight (8), Nine (9) and Ten (10), Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILL WATER, Milmesota as amended by Myron Shepherds perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof. Minimum Lot Area Minimum Lot Width Minimum Lot Depth Minimum Lot Coverage Minimum Yard Requirements Front Side Rear 7,500 sq. ft. 50 feet 100 feet 30 percent 30ft. 10 ft. or 10 percent oElot width 25ft. BluffJine Setback 40ft. TAKEN FROM TIlE CITY OF STILL WATERS ZONING CODE ST 68 FEET OF ') 1.../ \ \ -..; 6\ ( /'\ G \,A'v~ \.,J ,1 \ If-- ;--1 V L_. r\L)!\ I \/ 60 vI \ UI/\ ,- L_ . 16 OJ o o '" "{j, -\ C. Z '" ~ tll '0 9- ->; \ I \ , \ \ j / q-/ ~ ./"" 1 I '--... ~~ ::::::::". C:J I I I I I I I I I .......... ....-1 I 220 ~ ~I -......--. (j /' t:J 16 I I J 1,....--- --.... l 1--- --.:. --- (y\ -~ 33 \ \ \ \ 239 ~ ~ (-i:) "\- - r-- "- 'y""""" - "-- () CJ - ~1 / ~ --.... l I --.:. ( - -J ('1\ -~ --- < r-'1 \ -' r '\ '-./ ..., 1.../ ,- C"" T 1/ I I A /!\ T C- L ) L_. 60 ~ I ILL _ V V /-1 I L_ I \ !\ \ / ,- /-1 V L_. ~ a VICINITY MAP SEC. 21, T30N, R20W SYC MORE ~ Z (j) <( ST. CROIX AY I +-' >- (j) +-' +-' (j) <( (j) E. S LLWATE AY 3: -0 <( L l"') -0 +-' 0 C (f) 0::: N ..-- m z z . z z ~ N r+s s ~ NOT TO SCALE 1 A<- f\" 'I / I -I 60 (---\~ (' \ "- /"'\ 0 \,A'v~ ~J \500 \ \ \ ~\) L\. \ \ ~...".". r- ~ a ~I a 11 I I '-------- . --I Map No. 05-137 0 \ "" \J' .0 \ \ \ cr w > cr x o cr u +-J (J) MIDDLETON ORIGINAL SCALE 1 INCH = 30 FEET 15 30 SCALE IN FEET 60 CERTIFICATE OF SURVEY F°1z, Free MINOR SUBDIVISION GIM MIDDLETON PARCEL A: The North Ten (10) feet ofLot Thirty-seven (37); Lot Thirty -eight (38); and all that part of Lot Four (4), lying westerly of the line drawn parallel with and One hundred and filly (150) feet distant Westerly from the East line ofBlock Seven (7) and south ofa line parallel with and Two hundred and Eighty-three (283) feet Southerly from the North line of Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILLWATER, Minnesota as amended by Myron Shepherd's perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof PARCEL B: Lot Thirty -seven (37), except the North Ten (10) feet thereof, The North Fifteen (15) feet of Lot Thirty-six (36); and all that part of Lot Five (5), lying westerly of the line drawn parallel with and One hundred and fifty (150) feet distant Westerly from the East line of Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILLWATER, Minnesota as amended by Myron Shepherd's perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof. PARCEL C: LAND PLANNING Lot Thirty-six (36), except the North Fifteen (15) feet thereof, The North Twenty (20) feet of Lot Thirty-five (35); and all that part of Lot Six (6), lying westerly of the line drawn parallel with and One hundred and fifty (150) feet distant Westerly from the East line of Block Seven (7), CARLI and SCHULENBERG'S ADDITION to STILLWATER, Minnesota as amended by Myron Shepherd's perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof PARCEL D: Lot Thirty -five (35), except the North Twenty (20) feet thereof; Lot Thirty-four (34) except the South Eighteen (18) feet of the West Seventy -five (75) feet ;; The North Eighteen (18) feet of the East Seventy-five (75) feet of Lot Thirty -three (33); All that part of Lot Seven (7), lying westerly of the line drawn parallel with and One hundred and fifty (150) feet distant Westerly from the East line of Block Seven (7); The Wesi 68 ieei oi'Lots Eight (8), Nine (9) and Ten (10), Block Seven (7), CARLI and SCHULEIvBERGS ADDITION to STILLWATER, Minnesota as amended by Myron Shepherd's perfected plat of the City of Stillwater, dated May 21, 1878, according to the plat thereof LEGEND O an, Erickson, Inc. • SURVEYING • ENGINEERING W E 5620 MEMORIAL AVE NORTH STILLWATER, MINNESOTA 55082 Phone (651) 439-8833 Fax (651) 430-9331 DENOTES INCH X 14 INCH IRON PIPE MONUMENT MARKED WITH A PLASTIC CAP INSCRIBED "FREEMAN LS 16989 ", UNLESS SHOWN OTHERWISE DENOTES FOUND MONUMENT, SIZE AND MARKINGS AS INDICATED EXISTING DRAINAGE NOTES 1) ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE EAST LINE OF N. BROADWAY AVE. WHICH BEARS N 00 °38'20" W Minimum Lot Area 7,500 sq. ft. Minimum Lot Width 50 feet Minimum Lot Depth 100 feet Minimum Lot Coverage 30 percent Minimum Yard Requirements Front Side Rear Bluffline Setback 30 ft. 10 ft. or 10 percent of lot width 25 ft. 40 ft. TAKEN FROM THE CITY OF STILLWATERS ZONING CODE 1 ,\\�\\\\\\\\\\\ \`\\\\\\\\\� \`\\N\N1``' \ O \ \ \\\\\ \ \ \ \\ PROPOSED' FINISH FLOOR ELEV 831 P OPOSED 7NISH `FLOOR ELEV <,3t.... \fi•'• ze rr \ \ \\ \\ x ‘ N\ I~JN1SH 'LODR ELEY 82i AN im • • NOT TO SCALE Map No. 05 -137 D MIDDLETON AI • Memo • • To: Mayor and City Council � From: Steve Russell, Community Development Director Date: December 29, 2005 Subject: Street Vacation 122 South Holcombe. Case No. SV /05 -71. This item was heard and recommended for approval by the Planning Commission at their meeting of December 12, 2005. One condition of approval is required before recording the vacation. The Planning Commission recommended approval of the vacation request. Recommendation: Decision on Planning commission recommendation. Attachments: Petition and map, CPC staff report and minutes of December 12, 2005. City of Stillwater Planning Commission December 12, 2005 Mr. Russell indicated Washington County has submitted comments regarding the subdivision. Mr. Middleton, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Dahlquist expressed a concern about access off Greeley Street and said he was concerned that the alignment of the access provides for a safe intersection. Motion to approve Case No. SUB /05 -45 passed unanimously. Case No. SUB /05 -70 A minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition at 1221 N. Broadway in the RB, Two Family Residential District. George Middleton, applicant. Tim Freeman of Folz Freeman Erickson Inc. was present representing the applicant. He explained the proposal to combine properties into three new buildable parcels in addition to the existing home. Mr. Peroceschi, seconded by Ms. Block, moved to recommend that the Council approve the proposed subdivision. Motion passed unanimously. Case No. SV/05 -71 A street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Block 9, Thomas, Parker and Mower's Second Addition. James and Diane Kleinke and Ande and Muriel Hassis, applicants. The applicants were present. It was noted a section of the street was vacated in 1990 and they did not envision the City ever using the portion of the street asked to be vacated. They said they did not want to extend the vacation any farther in order to maintain access to another Lot. Mr. Peroceschi asked how the vacation would be split. The applicants said they would work that issue out. Mr. Turnquist, seconded by Mr. Dahlquist, moved approval of the requested street vacation. Motion passed unanimously. Case No. SUB/05 -72 A minor subdivision of Lot 3, Block 1, Joseph Wolf Brewery Addition into one lot of 1,200 square feet at 402 S. Main St. in the CBD, Central Business District. Steve Bremer, 402 Main Street LLC, applicant. Mr. Bremer was present. He explained he was requesting the subdivision in order to sell a space, the current gift shop space, on the main level of the building. He said the space was never subdivided previously. Ms. Block moved approval of SUB /05 -72. Mr. Middleton seconded the motion; motion passed unanimously. Case No. CPA/05 -01 Comprehensive Plan Amendment changing land use designation of 8.0 acres of land, "Liberty West," from Rural Residential to Cottage Residential at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. Case No. ZAM /05 -01 Zoning Amendment changing the zoning designation from Agricultural Presentation, AP, to Cottage Residential, CR, of 8.0 acres of land at 7135- 7143 Manning Ave. Croix Capital Group, applicant Case No. PUD /05 -73 Planned Unit Development for a 20 -lot development on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. Case No. SUB /05 -75 Preliminary plan approval for a 20 -lot subdivision on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. 3 • r • • • PLANNING APPLICATION REVIEW FORM CASE NO. SV/05 -71 Planning Commission Date: December 12, 2005 Project Location: A portion of unimproved Holcombe Street abutting Lot 5, Blk 9 Thomas, Parker and Mower's Second Addition Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: James and Diane Kleinke and Ande and Muriel Hassis Type of Application: Street Vacation Project Description: A street vacation of the west twenty (20) foot portion of unimproved Holcombe Street abutting Lot 5, Block 9 Thomas Parker and Mower's Second Addition. Discussion: The request is to vacate a portion of Holcombe Street as shown on the attached survey. The request has been reviewed by the public works department. They have concerns for loss of public access to possible future lots. Recommendation: Approval Conditions of Approval: 1. All lots owned by James and Diana Kleinke shall be combined into one parcel before recording of the street vacation. Attachments: Letter from Applicant's Attorney /Petition /Map CPC Action on 12/12/05: +8 -0 approval 09/01/2005 10:43 FAX 6517651982 P• Ae> an d M. we ►Zg 5e con) 1 5' .j7) V 1� City of Stillwater PETITION TO VACATE PUBLIC STREET The Undersigned Hereby Petition That All That Portion of LA 1 ri o V e d vacated. NAME UL MPLS LES S: \Planning \street vacation application petition.wpd THE BIRTHPLACE OF MINNESOTA if 01 CoY, ?l7 5 t"1ee ' ABUTTING LOTS J j04 i / l (Pdfliovier) kki/14tJ (P4tioiz . IL Fee Receipt No , Block 9 Addition, in the city of Stillwater, hereby be illetoeoe CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 LQ.1uuZ kA Tea'?nie 5t) , )2,k 5. loo i c e .'e 5 tig e e f Q , td c ADDRESS )16 5", G tlf 5 tReer 9 teir< ) ?J 55O 1Z.2- S. +o1ccrnloe St- 11 In S 0044 S-I Sri I l wol-e-r N. n1 a Ul L S arc co 0A-1 cps 2- C6 c V DT Ste, Q0b1, / :rnt Peri 'r ►�.'. $. = 51icee -( Pet,lionei )AX S. G "-- e e Attach a map showing showin g the st1eet to be vacated • PETITION OF JAMES KLEINKE AND DIANE KLEINKE (HUSBAND AND WIFE) AND ANDE HASSIS AND MURIEL HASSIS (HUSBAND AND WIFE) FOR THE VACATION OF A CERTAIN UNOPENED UNIMPROVED STREET To: The City Council Of City Of Stillwater, Washington County, State Of Minnesota. The Petitioners, JAMES A. KLE1NKE and DIANE L KLEINKE (husband and wife); (hereinafter referred to, collectively, as "Petitioner ") with ANDE and MURIEL HASSIS (husband and wife); (hereinafter referred to, collectively, as "Joint Petitioner ") state and represent: 1. Petitioner and Joint Petitioner hereby request vacation of that certain unopened unimproved public street in the City of Stillwater, Washington County, Minnesota, known as Holcombe Street (a.k.a. Jeannie Street), as shown on the attachment which is incorporated herein by reference as Exhibit "A" and described as follows: The West Twenty (20) feet of that part of unimproved Holcombe Street lying South of the North line of Lot Five (5), Block Nine (9) of Thomas, Parker and Mower's Second Addition to Stillwater, Washington County, Minnesota extended Eastward to the West line of the East Ten (10) feet of that unimproved Holcombe Street and lying North of the South line of the North Ten (10) feet of Lot Seven (7), Block Nine (9) of Thomas, Parker and Mower's Second Addition to Stillwater, Washington County, Minnesota extended eastward to the West line of the East Ten (10) feet of that unimproved. Holcombe Street. (hereinafter called the "Subject Street ") Street. Street. 2. The Petitioner and the Joint Petitioner own the land abutting the Subject 3. The said portion of the Subject Street is platted to the land owned by the Petitioner as shown by the County Auditors Plat attached hereto and incorporated herein by reference as Exhibit `B ". 4. The Petitioner is the underlying owner of the said portion of the Subject 5. That on May 1, 1990 the City of Stillwater vacated a parcel of land which is legally described as follow, to -wit: The East Ten (10) feet of that part of unimproved Holcombe Street lying South of the North line of Lot Five (5), Block Nine (9) of Thompson, Parker and Mower's Second Addition to Stillwater extended Eastward to the East line of Holcombe Street and lying North of the South line of Lot Seven (7), That the resolution vacating said part of Holcombe Street was recorded in the office of said County Recorder on June 15, 1990 as Document No. 633503. 6. Resolution No. 8280 pertaining to the above vacation states: "Whereas, at the meeting duly called for that purpose, the City Council did on the 1 day of May, 1990, determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would be in the best interest of the City of Stillwater that a portion of the street be returned to the tax roles." 7. Whereas, based on the same conclusion, the Petitioner and Joint Petitioner have presented this petition asking for vacation of a portion of Holcombe Street, City of Stillwater, Minnesota. 8. As to provide notification and clarification, any portion of unimproved Holcombe Street lying South of the South line of Lot Five (5), Block Nine (9) of Thompson, Parker and Mower's Second Addition to Stillwater should not be vacated. The unimproved Holcombe Street lying adjacent to Lot Seven (7) and Lot Nine (9) of Thompson, Parker and Mower's Second Addition to Stillwater needs to remain a right - of -way as the Petitioner needs and requires access to their property located at Lot Five (5), Block (9) of Thompson, Parker and Mower's Second Addition to Stillwater. Furthermore, the certain tract of the unimproved Holcombe Street located adjacent to Lot Seven (7) and Lot Nine (9) noted above needs to be maintained (snow plowed) by the City to allow the owners of Lot Seven (7) and Lot Nine (9) access to their property during the winter months. Petitioner: Petitioner: Joint Petitio Joint Petiti Block Nine (9) of Thompson, Parker and Mower's Second Addition to Stillwater extended Eastward to the East line of Holcombe Street. 4 4149 -2 ,) L+ / James Kleinke Date: Jo- /5 _ O J £ LAte01; Kleinke Date: /04,5 - 05 - / Ande'Hassis Date: J,6 -_D( oriel Hassis Date: 9-(6 15' • 1 8 - I (kJ • Q ) 4 // ?/ 5 Ke e 7o q 51 - r4 kni 93 2 01* , I •- - 0i3 I I 0 1 _-275e' 1.4r1 s- ri- c /4; (r t 0 e 9 : : Pa 7 / /22/ .5261,f) 41 h AsT 1 e • c 53C 0 ,a - / rr gle) 0 0)nt 0. one e • c 61/..11 W E.3 II yor bit x 313 lo 1 # a o # WEBSTERS ADDITION • • • 0 • • • • a . TO STILLWATER S 4 11 3 a oe.••• # ...! 2 •.1 0 II ga. 4.40 40. 4 I 0 •I4■ •••' /0.110 .er *Z. 01 =A 0.". • 3 IUN 10 31 lan 116 13 3 I1 ••••• 404 t t RICE STREET I. It 10 Mb 14 3 0001*. .490I3) j k: • • • 1 Z;^ TR1 a IP Trnio? '" 0 Vir .. 1,0 • 12 4.• II It Location Map 1 IITY OF STILLWATER 0 I 0 ! I. wie o IL. • 1 1 41 . " V 6 ,, .3 • -41•44.44 :I,. ; .1 2 I E. • 3 — i irl .;,0041/1 III 'P 0 1 DINA ND SCI I l, FIV I: ACRE , 4 300 l dp..1; 30 2 11. 0 3 ' IR 19 10 IS 44 a. 2 , . . . . v \ _ utki fors • ,. . 11 (Y17.- 7-1/1 . Ptu o TPPA Vicinity Map 0 973 Scale in Feet a •••••••■■ I 4.•••■•••• • ow/ ...al Wpm. *1 *Paw,* Co...) NO yowl*. smtlaion.m .4440e. *I4■4:41101 *4,4 .44,4444 .17;74 44.4 a Memo • • To: Mayor and City Council From: Steve Russell, Community Development Director Date: December 29, 2005 Subject: Condominium Subdivision Request for Joseph Wolfe Brewery Addition. Case No. SUB/05 -72. This request is for a 1,200 square foot condominium subdivision of a portion of the Joseph Wolfe Brewery addition. The commercial space would be sold to the business owner. Other spaces in the building have areas similarly subdivided. Recommendation: Approval of request. Attachments: Application, plans, Planning Commission staff report and minutes of December 12, 2005. City of Stillwater Planning Commission December 12, 2005 Mr. Russell indicated Washington County has submitted comments regarding the subdivision. Mr. Middleton, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Dahlquist expressed a concern about access off Greeley Street and said he was concerned that the alignment of the access provides for a safe intersection. Motion to approve Case No. SUB/05 -45 passed unanimously. Case No. SUB /05 -70 A minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition at 1221 N. Broadway in the RB, Two Family Residential District. George Middleton, applicant. Tim Freeman of Folz Freeman Erickson Inc. was present representing the applicant. He explained the proposal to combine properties into three new buildable parcels in addition to the existing home. Mr. Peroceschi, seconded by Ms. Block, moved to recommend that the Council approve the proposed subdivision. Motion passed unanimously. Case No. SV/05 -71 A street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Block 9, Thomas, Parker and Mower's Second Addition. James and Diane Kleinke and Ande and Muriel Hassis, applicants. The applicants were present. It was noted a section of the street was vacated in 1990 and they did not envision the City ever using the portion of the street asked to be vacated. They said they did not want to extend the vacation any farther in order to maintain access to another Lot. Mr. Peroceschi asked how the vacation would be split. The applicants said they would work that issue out. Mr. Turnquist, seconded by Mr. Dahlquist, moved approval of the requested street vacation. Motion passed unanimously. Case No. SUB/05 -72 A minor subdivision of Lot 3, Block 1, Joseph Wolf Brewery Addition into one lot of 1,200 square feet at 402 S. Main St. in the CBD, Central Business District. Steve Bremer, 402 Main Street LLC, applicant. Mr. Bremer was present. He explained he was requesting the subdivision in order to sell a space, the current gift shop space, on the main level of the building. He said the space was never subdivided previously. Ms. Block moved approval of SUB/05 -72. Mr. Middleton seconded the motion; motion passed unanimously. Case No. CPA/05 -01 Comprehensive Plan Amendment changing land use designation of 8.0 acres of land, "Liberty West," from Rural Residential to Cottage Residential at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. Case No. ZAM /05 -01 Zoning Amendment changing the zoning designation from Agricultural Presentation, AP, to Cottage Residential, CR, of 8.0 acres of land at 7135- 7143 Manning Ave. Croix Capital Group, applicant Case No. PUD /05 -73 Planned Unit Development for a 20 -lot development on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. Case No. SUB /05 -75 Preliminary plan approval for a 20 -lot subdivision on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. 3 • PLANNING APPLICATION REVIEW FORM CASE NO. SUB/05 -72 Discussion: The applicant is requesting a minor subdivision of the Joseph Wolf Brewery Addition. The property to be subdivided is part of the first floor on the northeast corner of the Joseph Wolf Brewery Building with the address 402 Main Street II South. The site is approximately 30 feet by 40 feet. Recommendation: Approval with conditions • Planning Commission Date: December 12, 2005 Project Location: 402 South Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Steve Bremer Type of Application: Subdivision Project Description: A minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1,200 square feet. Conditions of Approval: 1. The request shall meet all Building Code Requirements. Attachments: Application Form /Letter from the Applicant /Site Plan /Elevation Drawings CPC Action on 12/12/05: +8 -0 approval 402 M %vet, ILC 215 Wabasha Street South Saint I Elul, MN 55107 November 22, 2005 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 To whom it may concern: 402 Main Suet LLC submits for review and approval, the subdivision of Joseph Wolf Brewery Addition, Lot-003 Block -001 for the purpose of sale. This property is located on the North -Fast Comer of the Joseph Wolf Brewery Building with an address being 402 Main Street South, Suite 1, Stillwater, MN, 55082. As per the enclosed drawing, the size of this space is approximately 30 feet wide by approximately 40 fiat deep. Respectfully submitted, Stephen C. Bremer Chief Manager • Ph: 651 -430 -3494 • lax: 651430-3529 • • • • PLANNING ADMINISTL,TION APPLICATION FORM • COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. P ROPERTY IDENTIFICATION • Address of Project go 2 -. S kz. 'S, .Assessor's Parcel No. 3C W0/g (GEO Code) Zoning District CD Description of Project Sc j. - . ' a CA " I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply wilt the permit if it is granted and used." Property Owner 4 �,� c L Mailing Address Z /C" c CdQGJ City - State - Zip St Petit-, 7 City - State - Zip Telephone No. Ga S( 72- Y - 2r / y Telephone No. Signature (S(gnature is required) Lot Size (dimensions) — x • Land Area Height of Buildings: Stories Principal Accessory H: \mcnamara \sheila \PLANAPP. FRM May 1, 2003 Feet Representative Mailing Address (rte \ Signature ACTION REQUESTED (Signature is required) - CaseNo: 606 Date Filed: Fee Paid: Receipt No.: «'e/Zit Special /Conditional Use Permit Variance Resubdivision '" Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces O a) t e5Y , 11 5 041 -0088 15 pS 12 6 11 8 0 ,40) Location Map 5 40006 4 0 60 6 5 400000 6 5P.' —k 71 0' 550 We, LA K WEST LINE OF CITY LEVEE [ESC IN BK46 DEEDS PG 235 19 4P.) 4 0- 922W R21W 620W Vicinity Map 0 167 Scale in Feet This ciratiSna is (ha instill al a cornoll and repro... of land raconrk ihay vailous Washingion The ansashig should he USW for Warw.+ 51106000 onV Weelenplon county le nal nasponsibla hos, hascurasiss. 509 :ig 00 : 0 17: , C 5 011 d0 Survayods Oface Parcel OW based on PS(1001slarroallan 000001 1010011900 Saplainhar 30, 2005 0.5 prInhat NovianDer 3335 e e .~ -----------~.---_.._._---._.-- . ~--_.. ~ ---1 I ! i I I I ~ -::;:,~~:=;::.... /~--:::;<::=..~.;;;-- "'"""-- ~~ THE BREMERS Stillwater, Minnesota P: 651-430-3494 F: 651-430-3529 Developer Contractor m ~ WCl \ ASSOCIATES, INC 952-541-9969 Architecture Interiors Joseph Wolf Restoratiol1 Stillwater, Minnesota m ~ RENOVATION DESCRIPTION AREA III IJoseph Woll Restoration I e I RETAIL RESTAURANT 3 GRUMPY STEVE'S COFFEE 4 CAVES AND RELATED SPACES 5 NELSON STREET RESIDENTIAL 1,200 SF 6,100 SF 1,200 SF 6,000 SF 1,414 SF FIRST FLOOR TOTAL AREA 15,914 SF e Scale : None The Bremers Stillwater, MN 651-224-8319 Developer ~ BREMER CONSTRUCTION, INC. Ph: 651-224-8319 Fax: 651-224-0059 • 9381Nf1N 8NIMtltl0 \ ; \ \ 0 UNOPENED 1 \ e N .. .. \ ..iT .i.l._.A..AI._1. `V \ i K J 42.93 _ N17 • a m p✓ emw.. " 9ds Powm 0 - qt e1 8 7._k, I 197 n « X901 4290 Nq N• N W nma • n w l E. z 1i _ ass-1 68.86 1 -- '• N17 ° W 7 SOUTH SE.0 HD ._...._._. w.a.iy mm a sods v wgnw Awn. now dfr of V.v. we w N17 187.90 Sea. Sea. Stre. 03 / W 9159 65.00 N17 8381Af1N 9NIMV8O ..C67.91 31:91.9, • 31011116a(CerS L /111111 MUM t—M— F . is 1 3� ,A0P • Memo To: Mayor and City Council From: Steve Russell, Community Development Director g .„--- Date: December 28, 2005 Subject: Liberty West Planning Reviews Introduction. The Liberty West Development has five (5) planning reviews as attached to this one staff report. Council actions should be taken on each planning application separately but the plans are presented as one project for convenience and understanding. Review and Recommendation. The Planning Commission held a public hearing on the development on December 12, 2005. The Commission appreciated the developers efforts to maintain the character of the site particularly the tree preservation efforts, maintaining the buffer from CR 14 and rear garage house design was also noted (staff report and minutes attached). The City Parks and Recreation Commission reviewed the plans at their meeting of December 19, 2005. They reviewed the park dedication aspect of the subdivision and recommended that a lot and $20,000 in lieu fee be required beside the open space area "Lot C" around the large Oak tree (see attached memo). On December 22, 2005, the Joint Planning Board reviewed the request and agreed with the park dedication requirements. They expressed concern for the three (3) alley access units on the south boundary of the project and recommended the developer consider an alternative design (Joint Board staff reports attached). Since the December 22, 2005 Joint Board meeting, the developer has proposed a new design that eliminates the rear access units (revised plan attached). The Planning Commission, December 12, 2005, Parks Board, December 19, 2005, and Joint Board ,December 22, 2005, all recommended approval of the development plans, (Comprehensive Plan Amendment, Zoning Amendment, Concept Planned Unit Development, Preliminary Plat and Annexation). Twenty nine (29) conditions of approval are conditions of the PUD and subdivision approvals as listed below. • Decision by City Council • • 1. CPA /05 -01 - Resolution 2. ZAM /05 -01 - Ordinance 1S reading 3. PUD /05 -73 - Resolution 4. SUB/05 -75 - Preliminary Plat resolution 5. ANN /05 -01 - Resolution Conditions of Approval. 1. Designs for housing sites shall be reviewed with final PUD approval. 2. Site landscaping shall be installed and coordinated with subdivision improvements and individual site improvements. 3. Each building design and landscape plan shall be approved by the City's Community Development Director before a building permit is issued. All landscaping shall be installed or security provided before building occupancy. 4. Comments from Washington County Public Works shall be incorporated into development plans (see attached letter of 11- 30 -05). 5. Comments from the City Engineer shall be addressed and approved by the City Engineer before final plat approval as listed below. 6. Access to the site during grading and utility construction shall be on County Road 15 and not through Liberty Development. 7. The overall grading plan should show the proposed contours for the entire lot including the building pads. Because of limited space for access and storing excess material, the site should be mass graded. 8. No storm runoff shall drain into the Liberty Development. 9. Connection to the existing storm sewer at the northwest corner of the property should be made to the pond. The outlet pipe from the pond (27" RCP) should be no- bigger than the existing pipe (24" RCP). The result of this may change the conditions of the pond. This will have to be reanalyzed. 10. Provide water quality information on all the ponds. 11. Provide soil borings and permeability information. 12. The HWL of pond Pro P4 encroaches into the building pad of the adjacent lot. The plan should show a retaining wall at this location. 13. A minimum 3:1 slope is required for all pond locations. 14. All sidewalks shall be a minimum four feet from the curb unless less distance is needed to preserve trees. 15. The centerline street radius on the north end should be increased to 48 feet . 16. Stormwater plan should be submitted to and approved by Browns Creek Watershed District. 17. Plans should be submitted to Washington County for approval. Staff noted that minimum setbacks from the county have not been met. Such a proposal should be reviewed carefully, given the inherit conflict with road noise that will result. 18. Right -of Way minimum width is 50 feet. 19. Retaining walls along the curb should be pulled back, preferably to the right -of- way line. This will allow for utilities and snow storage. However, final alignment shall be coordinated with preserving trees. • 20. Dedicate utility and drainage easements for the alley ways and trail easements. 21. Construction access plan for the property sites the make use of an alley. 22. Open Space Area C shall be expanded to include lot to the east to meet park dedication requirements as reviewed and approved by the Parks Board. 23. All impact fees shall be paid before final plat approval. 24. Grading limits and tree protection shall be clearly defined and grading controlled by sturdy snow fencing. No grading shall begin until fencing is installed. 25. Construction traffic, subdivision and building shall enter the site directly from Manning Avenue to minimize impact on the Liberty neighborhood. 26. Fencing and landscaping shall be installed to screen the south combined driveway from cottage residents to the south. Additional Conditions of Approval. 27. Park dedication shall include the lot to the east of Lot "C" and $20,000 in lieu park fee. 28. The unit boarding CR 15 shall include sound attention on their west elevation. 29. Recommendation regarding tree protection from the City Forester shall be followed during project construction. Attachments: Application and plans, Planning Commission staff report and minutes, December 12, 2005, Joint Board staff reports, December 22, 2005 and Memo from • Parks Board, December 20, 2005. • • • Revised Plans December 28, 2005 • �* *' • 1 1 CROIX CAPITAL GROUP INC. 6428 MANNING AVE. NORTH Planfin �y + ' Key tf "LIBERTY WEST" COTTAGE HOMES IN A rsETTING OF PRESERVED Mp­ "wo-vi OAKS, CONIFERS WITH A #1 fin PUBLIC TRAIL SY5-FEM ft ENTWINED WITH PONDING ro k (D AND WATER FALLS. RY � 1►1��? •► . CV•/ � iKID Y'.�-Tl'"....L PLAT Wit �.� � . ��� �;�.� �T� 1®Dw �� ' �������T � ��� �� • � wr;��i • •'. • I _c�tT�r1Gn-ror. �•.-4 ■t1� �� r�� •!1r's' �. - tl►� * r1' �1 f ae` M!'�HUBDERWILL BE REWMED TOLIN ARCIRTUCT OR ErY DEVELOPER WA Z PLANTING SUBSrrrLrWM SHALL BE PLANT ON �J ■ �r�IFA ij'�I�11'I No yp� n3r%^ `1A a ii.F,'•� � , �/;/ / 7�MA �Iwrf► ��. � `�"� r, 1,�L:I' {��fi �'a�''L = `C �i ��'r�` ��.� �� "� ���`�� �l �y� � n-; +��; / ■I 1 17 .f - �.r �� ; f� `ram �•\•,y �I� `W x � 1. G �ti �1+'.'i►'+kx."r t► 'It[� ,� s ``fir +;�� �� ��` r t■►1 41, -�, MEN f r' WWWA �4 '+� iL � H lid r ' � ' �• - �;r r. e.T _ - ■irk! ;� - � � -- - �� �►�►rr►ryr►vswr�►.�►rr�.►r►r�rrr��_-�r� .r.�►�w,■w�rr■�r' � a �L�l�'i 1. •..�' a�'L/ lL�h✓kl�.f C L� • City of Stillwater Planning Commission December 12, 2005 • • Mr. Russell indicated Washington County has submitted comments regarding the subdivision. Mr. Middleton, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Dahlquist expressed a concern about access off Greeley Street and said he was concerned that the alignment of the access provides for a safe intersection. Motion to approve Case No. SUB/05 -45 passed unanimously. Case No. SUB /05 -70 A minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition at 1221 N. Broadway in the RB, Two Family Residential District. George Middleton, applicant. Tim Freeman of Folz Freeman Erickson Inc. was present representing the applicant. He explained the proposal to combine properties into three new buildable parcels in addition to the existing home. Mr. Peroceschi, seconded by Ms. Block, moved to recommend that the Council approve the proposed subdivision. Motion passed unanimously. Case No. SV/05 -71 A street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Block 9, Thomas, Parker and Mower's Second Addition. James and Diane Kleinke and Ande and Muriel Hassis, applicants. The applicants were present. It was noted a section of the street was vacated in 1990 and they did not envision the City ever using the portion of the street asked to be vacated. They said they did not want to extend the vacation any farther in order to maintain access to another Lot. Mr. Peroceschi asked how the vacation would be split. The applicants said they would work that issue out. Mr. Turnquist, seconded by Mr. Dahlquist, moved approval of the requested street vacation. Motion passed unanimously. Case No. SUB /05 -72 A minor subdivision of Lot 3, Block 1, Joseph Wolf Brewery Addition into one lot of 1,200 square feet at 402 S. Main St. in the CBD, Central Business District. Steve Bremer, 402 Main Street LLC, applicant. Mr. Bremer was present. He explained he was requesting the subdivision in order to sell a space, the current gift shop space, on the main level of the building. He said the space was never subdivided previously. Ms. Block moved approval of SUB /05 -72. Mr. Middleton seconded the motion; motion passed unanimously. Case No. CPA/05 -01 Comprehensive Plan Amendment changing land use designation of 8.0 acres of land, "Liberty West," from Rural Residential to Cottage Residential at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. Case No. ZAM /05 -01 Zoning Amendment changing the zoning designation from Agricultural Presentation, AP, to Cottage Residential, CR, of 8.0 acres of land at 7135- 7143 Manning Ave. Croix Capital Group, applicant Case No. PUD /05 -73 Planned Unit Development for a 20 -lot development on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. Case No. SUB/05 -75 Preliminary plan approval for a 20 -lot subdivision on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. • City of Stillwater Planning Commission December 12, 2005 • • Case No. ANN /05 -01 Annexation of 8.0 acres of land into the City of Stillwater at 7135- 7143 Manning Ave., Croix Capital Group, applicant. Representing the developer were Marc Putman, landscape architect; Roger Tomten, architect; and Chris Aamodt, developer. Neighboring residents in attendance were: Jon Fletcher, 3648 Tending Green Kathleen Elletson, 3653 Tending Green Kristin Kroll, 444 Harvest Green Sarah Sorenson, 3660 Tending Green Rob Hendrickson, 3661 Planting Green Todd Remely, 3654 Tending Green Jeno Johnson, 3667 Planting Green Bob Pohl, 3655 Eben Green Robert Lawrence, 3664 Planting Green Kent Einan, 300 Country Road Robert Kroening, 213 Pine Hollow Green Paul Kroening, 213 Pine Hollow Green Ann Jordan, 7143 Manning Ave. Steve Carlson, 346 Country Road Nate Gerard, 307 Country Road Mr. Russell opened the presentation by explaining that when the Comprehensive Plan was adopted, the then - owners of the property were not interested in being annexed to the City so the land was designated RR, subject to future annexation. The new owners are now petitioning for annexation. Conceptually, he said, the Council is in favor f the land use change to small -lot single family, Cottage Residential, which is the same as the property in the Liberty development to the east and south of the site. Washington County and the City Engineer have reviewed the PUD, he said. The Park Board will review issues related to park dedication. Marc Putman, who did the master plan for the Liberty development, reviewed the site plan. Also present was Roger Tomten, who was on the architectural review team for the Liberty development. Mr. Putnam highlighted the efforts to preserve the trees on the property; the water feature, which will serve both as an amenity and provide highway noise reduction, pathway connections and trail system. Kathleen Elletson questioned how the City could consider this development without knowing the County's plans for County Road 15. Todd Remely also suggested the County plans for Manning Avenue could impact the viability of this project. Mr. Russell responded that the County has indicated it can accommodate this proposed development. Ms. Elletson also questioned landscaping plans to the south; the compatibility of house design with the Liberty development; the height of the proposed retaining wall; and tree count. • City of Stillwater Planning Commission December 12, 2005 • • Bob Pohl asked whether Liberty West would have its own architectural review board and suggested that this development should be a part of the primary Liberty development board of directors. Mr. Putnam responded that Liberty West would use the same architectural guidelines as Liberty but would be a separate association. Jeno Johnson asked that consideration be given to preserving an existing tree on his property. Kristin Kroll asked about a proposed alley, which would be adjacent to her backyard, and plans for landscaping on the south side of the fence. Ms. Kroll also questioned the economic viability of the project given the number of similar size houses for sale in the Liberty development. Jon Fletcher noted there are many kids in the adjacent neighborhood and asked that construction traffic be kept out of the neighborhood, along with efforts to slow the construction traffic and minimize road damage. There also was a question about potential builders and whether there might be a "Liberty West" monument sign. Mr. Putnam responded to concerns about landscaping on the south side by saying there is enough depth for plantings and understory sufficient to provide a buffer from neighboring properties. He also explained the retaining wall, which is proposed in order to protect existing trees. He also stated it is unlikely there will be an entry monument. Ms. Block questioned the provision for guest parking and said she didn't think the proposal was adequate in that regard. Mr. Dahlquist asked why the proposed private alley serves only two houses. Mr. Putnam responded that rear garages provide for streetscape variety. Mr. Putnam went through the recommended 26 conditions of approval. Regarding condition No. 14 that all sidewalks be a minimum of 4' from the curb, Mr. Putnam suggested that requirement could result in the loss of trees. It was agreed to amend that requirement to a minimum of four feet unless needed to protect trees and coordinated with the City Engineer. Condition No. 18 stating the right -of -way minimum width is 60 feet, Mr. Putnam noted is incorrect and should be 50'; it was agreed to correct that condition. Mr. Putnam asked that Condition No. 19 regarding the placement of retaining walls along the curb also be changed to accommodate tree preservation efforts. It was agreed to change Condition No. 19 to state that retaining walls along the curb should be pulled back, with the final alignment coordinated with the City Engineer with a goal of preserving trees. Mr. Putnam asked, and it was agreed, to change Condition No. 23 to state that all impact fee shall be paid before final plat/PUD approval. It also was agreed to change the wording of Condition No. 26 to state that a mutually acceptable fence and landscaping be installed to screen the south combined driveway from residents to the south. Mr. Putnam said developers' biggest concern was with Condition No. 22 that the Open Space Area C be expanded to include the lot to the east to meet park dedication requirements. Mr. Putnam noted that the proposal includes 36 percent of the land in open space; he noted this is a "very difficult" project and asked that this condition be removed. Mr. Gag noted that every developer has been held to the 10 percent park dedication requirement and spoke against eliminating that condition. 410 City of Stillwater Planning Commission December 12, 2005 • • Mr. Turnquist, seconded by Mr. Peroceschi, moved approval of Case No. CPA/05 -01. Motion passed unanimously. Mr. Middleton, seconded by Mr. Turnquist, moved approval of Case No. ZAM /05 -01. Motion passed unanimously. Mr. Teske, seconded by Mr. Dahlquist, moved approval of Case No. PUD /05 -73 with the 26 Conditions of Approval, with the above listed changes to conditions 14, 18, 19, 23 and 26. Mr. Dahlquist pointed out that plans could be fine -tuned as the development proceeds through the various approval processes. Motion passed unanimously. Mr. Turnquist, seconded by Mr. Middleton, moved approval of Case No. SUB/05 -75 with the same 26 Conditions of Approval as amended. Motion passed unanimously. Mr. Middleton, seconded by Mr. Peroceschi, moved approval of Case No. ANN /05 -01. Motion passed unanimously. Case No. SUP/05-74 A special use permit for auto sales business at 1778 Greeley St. in the BP -C, Business Park Commercial District. Gary Starns, applicant. Mr. Russell informed the Commission that the applicant had withdrawn his request. Other items: Included in the agenda packet was a memorandum regarding downtown height regulations. Mr. Russell stated he did not think the current regulations were protective enough. It was agreed to proceed toward a revision of the height regulations in the downtown area. Mr. Teske, seconded by Mr. Dahlquist, moved to direct staff to proceed with amending the height regulations and scheduling a public hearing. Motion passed unanimously. Mr. Russell noted that the public meeting regarding the proposed infill design guidelines was scheduled for Dec. 14. The meeting was adjourned at 10:50 p.m. Respectfully submitted, Sharon Baker Recording Secretary • Memo To: Joint Board Township /City Planning Board From: Steve Russell, Community Development Director /j Date: December 20, 2005 Subject: Park Dedication for Liberty West The Parks Board meet on December 19, 2005, and reviewed the park dedication requirements for the Liberty West project The Board felt that although an extensive trail system and the tree preservation is a part of the project, the park area should be expanded to include the lot east of Lot C and a park dedication fee of $20,000 in lieu of dedication should be paid. • This would revise Condition of Approval No. 22 of Case No. PUD /05 -73. • • %Z -2z -mss 3 • Agenda THE BIRTHPLACE OF MINNESOTA Meeting Notice Stillwater City and Town Joint Board City Council Chambers 216 North Fourth Street Stillwater MN 55082 7 p.m. Thursday, December 22, 2005 1. Case No. CPA /05 -01. Comprehensive Plan Amendment changing land use designation of 8.0 acres of land "Liberty West" from Rural Residential to small lot, single family located at 7135 - 7143 Manning Avenue. Croix Capital Group, applicant. 2. Case No. ZAM /05 -01. Zoning Amendment changing the zoning designation from Agricultural Preservation, AP, to Cottage Residential, CR, of 8.0 acres of land "Liberty West" at 7135 - 7143 Manning Avenue. Croix Capital Group, applicant. 4_ 3 3. Case No. PUD /05 -73. Planned Unit Development for a 20 lot development on 8.0 acres of land located at 7135 - 7143 Manning Avenue in the Cottage Residential, CR, District. Croix Capital Group, applicant. Case No. SUB/05 -75. Preliminary plat approval for a 20 lot subdivision on 8.0 acres of land in the Cottage Residential District located at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. 5. Case No. ANN /05 -01. Annexation of 8.0 acres of land zoned Cottage Residential into the City of Stillwater "Liberty West" located at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. 4-7 Other Items CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651 -430 -8800 • Memo The item before the Joint Board has five (5) planning reviews; Comprehensive Plan Amendment, Zoning Amendment, Concept Planned Unit Development review, Preliminary Plat and Annexation as listed and discussed below. The first three are public hearings and decision items for the Joint Board. The last two items are review and recommendation items from the Joint Board to the City Council. On December 12, 2005, the Planning Commission held a public hearing on the project. 1111 At the meeting, the applicant presented their plans. About 25 residents of the surrounding Liberty Development were in attendance to hear what was proposed and to express their interests. Concerns expressed were construction traffic, quality of design, car headlight screening from adjacent properties, trail location, signage and CR 15 widening as related to the site. • To: Joint Township /City Planning From: Steve Russell, Community Development Director fl—/ Date: December 14, 2005 Subject: Annexation and Development of 8 Acre Site in Phase IV Expansion Area. After hearing the presentation and comments, the Commission discussed the various planning permits and recommended all requests to the City Council by an 8 -0 vote. Each planning permit is listed below: 1. Case No. CPC /05 -01. This is a minor Comprehensive Plan amendment. The site was designated rural residential when the Comprehensive Plan was adopted in 1996. At that time, the owners of the two properties were not interested in developing or annexation. When the Liberty Development was planned, this site was ghost planned to accommodate future development. Utilities and road access was extend • to the site to accommodate a loop road without access to CR 15. At this time, the property owners are interested in developing the site and have proposed a 20 -lot subdivision. The development requires a Comprehensive Plan Amendment changing the designation from rural residential (Township) to small lot, single family (City). To support the request, the surrounding Liberty area is • designated small lot, single family to east or south and townhouse residential to the north. This site was planned for single family use when Liberty was planned. The request is consistent with the policies if the Comprehensive Plan and adjacent land uses. Planning Commission action on 12/12/05: Approval 8 -0. Joint Board Action: Decision on Comprehensive Plan Amendment request. Attachment: Staff report CPA /05 -01, 12- 12 -05. 2. Case No. ZAM /05 -01. This request is a follow up to the previous Comprehensive Plan Amendment. When property is annexed to the City, it comes into the City as Agricultural Preservation, AP. The AP zone designation is a "holding" zone until plans for the site are prepared. The concept PUD plan shows a 20 lot subdivision consistent with the surrounding Cottage Residential, CR, zoning designation. The zoning request is for the Cottage Residential zoning for the 8 acres site. Planning Commission action on 12/13/05: Approval 8 -0 • Joint Board Recommendation: Decision on Zoning Map Amendment request. Attachment: Staff report ZAM /05 -01, 12 -12 -05 3. Case No. PUD /05 -73. The proposed Planned Unit Development shows a 20 lot subdivision. The development design is a response to the significant Oak trees on the site and a desire to minimize the impact of County Road 15 (to be expanded to four lanes). Retaining walls are used to accommodate grade changes and maintain tree dip line. The proposal has private driveway access to the Tots backing CR 15 to help shield the residents from road noise and traffic. The developer has not submitted plans but has indicated the quality of residence building design will be similar to Liberty. Many of the existing major trees buffering the site from CR 15 and the south are being preserved as well as several 200+ year old Oak trees. No active park space is provided. As a condition of approval, additional land around the "Heritage" oak tree (Lot C) is conditioned as an addition to Lot C as open space neighborhood park. The enclosed Planning Commission staff report provides a detailed review of the • concept PUD with conditions of approval. A letter from Washington County with 1 • • 1 • their comments on the project have been incorporated into Condition of Approval No. 4. The Commission expressed some concern for the driveway rear access to the two residences along the southeast property boundary because of possible impact on adjacent residences to the south and need for the trail leading from the north access road to the site along the north property boundary but did not take any action on their concerns. Planning Commission action on 12/12/05: Approval 8 -0 with conditions of approval. Joint Board recommendation: Decision on Planned Unit Development request Attachment: PUD /05 -73 staff report, 12/12/05. 4. Case No. SUB/05 -75. Twenty (20) residential lot subdivision. The subdivision request is analyzed as a part of the PUD request. Park dedication will be reviewed by the City Parks Board for park facilities at their meeting of December 19, 2005. Planning Commission action on 12/12/05: Approval 8 -0. Joint Board recommendation on subdivision consistency to City Council. Attachment: SUB/05 -75 staff report, 12/12/05 (including conditions of approval). 5. Case No. ANN /05 -01. Annexation of 8 acres of land in Phase IV annexation area. The subject property is in the Phase IV City Expansion Area. Per the Orderly Annexation Agreement, property owners in the Phase IV Expansion Area can petition the City for expansion before the 2015 date. It is then up to the City to determine if the annexation is needed and appropriate. Previously, the City Council provided direction to the Planning Commission to proceed with development review of the project. As stated, the 8 acre site was planned for development when the Liberty development was iniplanned in 1996. Planning Commission action on 12/12/05: Approval 8 -0. Joint Board review and recommendation to City Council Attachment: ANN /05 -01 staff report, 12/12/05. • Memo • • To: Planning Commission From: Steve Russell, Community Development Director Date: December 8, 2005 Subject: Comprehensive Plan Amendment (minor). Case No. CPA /05 -01 Background. When the Comprehensive Plan was amended in 1996, areas outside of the Phase I, II or III expansion area were designated Rural Residential because the land owner did not have plans for development and the site was in the Phase IV, 2015 expansion area. Analysis. Because of the proximity of this site to the Liberty Project, the site was "master planned" as a part of the Liberty Planned Unit Development. Streets and utilities were extended to the site anticipating future development. The current Comprehensive Plan land use designation for the site is Rural Residential consistent with being in Stillwater Township. It was anticipated when the land was annexed to the City, the land would be designated as urban residential consistent with the surrounding land use. The site is surrounded by the Liberty Development. To the north is townhouse development and to the east is single family development. The requested small lot single family designation is consistent with the adjacent Liberty Master Plan PUD. Recommendation: Amend Comprehensive Plan land use map to redesignate the 8 acre Liberty West site to small lot single family (City) from existing Rural Residential (Township). Attachment: Comprehensive Plan Amendment Map. CPC Action on 12/12/05: +8 -0 approval • Location Map r- HOMESTE GREEN 300 'n T UPARK UOEf PONYING - 7 23 4 *Oki 7 7 7PS fEkoS • , NAN RS PitopeRd .Sm () r — r 0 (5)-, 6 0 \ LIBERTY 456 cb co ( . 3645 3 3665 IL 36251 [ I 594 (\I CO LIBERTY AVENUE 1 0 325 i 34 ARM Hit GREEP 'TS /190 16: 6 , 0 7 ei 348 / 5A 4 ko HT , 30 <0 5 '59 61 547 62.0 R2IW R2OW T32N T3IN R22V1 RIM R2OW Vicinity Map 0 Scale in Feet 1144MnQI,ornujlol,4omp0olIo n end reprockdon ol land record. es they appear v Wow WeshInitton County offices The drawing ghould be used for relecence F.Posee only. WesholgtOn County Is not response., for enyllIOCCUMC105 7.=,,a?;!:2,71? 001001 date Dem/ 00 *0400 Inlormellon avert through October 21. 2005 Mop OM. DeOernber 8. 2005 300 • Memo • • To: Planning Commission From: Steve Russell, Community Development Director Date: December 8, 2005 Subject: Zoning Amendment for 8.0 Acres of Land Located at 7135 -7143 Manning Avenue from Agricultural Preservation to Cottage Residential. Case No. ZAM /05 -01 Background. The site requesting rezoning is located next to Liberty Development. During Liberty development, two streets were extended to the property boundary contemplating eventual development of this site (Liberty West). The proposed Cottage Residential zoning is the same as the single family zoning of the development to the east of the site. The Agricultural Preservation designation is the initial designation of all lands annexed to the City. Findings. The zoning designation is consistent with surrounding Liberty Planning Unit Development and will help to preserve heritage trees located on the site and buffer the development from CR 15 expansion. Recommendation: Recommend to City Council for rezoning site from Agricultural Preservation, AP, to Cottage Residential, CR. Attachment: Zoning map amendment request CPC Action on 12/12/05: +8 -0 approval • /'\'` Location Map LIBERTY • eio • 59! • I itoe • L • • 3550 7671 12092 • • li • • 112323 eoo • I 12345 1!363 2350 12360 • 12490 /.'• 124!4 /141. A rntild . 12377 1 , 71 /9 2 : • I 1 TTT STREE 1253 75 • 12525 7155 • • 716( • R22W R21W R20W Vicinity Map 0 603 Scale in Feet 1100 drewing rs the result of. completion end repmducann Oland records es they appear In venous Washington Cowry offices The &axing should he 0390 far relerena putposes only Washington Countyls not responsible br Inaccuracies Base.. WeOMnp County sureaswe Omce Phone 18511 d90$BIS name/ dote heed m 00400 Information asterd through October91. 2005 Map 00194 December B. 2005 • • • Supp. No. 13 7. Detached accessory structures lo- cated on corner lots shall have the garage doors turned away from the side street. (4) Development regulations. Prouision 1 Maximum building height: Main building/accessory dwelling Garages, accessory building 2. Average lot area (for PUD phase) 3. Minimum lot width 4. Minimum lot depth 5. Minimum front yard requirements Front yard —House Front yard — Garage (front facing)' Front yard— Garage (side facing) 6. Side yard Interior House Garage Corner House Garage 7. Rear yard House 25 feet Garage 3 feet 8. Frontage Requirement' 35 feet 9. Maximum garage area 1,000 square feet 1 Seventy -five percent of front facing garages must have the garage setback at least six feet from the front wall or porch line of house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. (5) Design review. Design review is required for accessory dwelling units or duplex developments subject to traditional devel- opment design standards. (Ord. No. 854, § 3, 2- 17 -98; Ord. No. 876, § 1, 6 -1 -99; Ord. No. 892, § 1, 4- 18 -00) ZONING Area, setback, and height regulations: CD31:15 8. If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. Single Family 2 stories and 35 feet 1 story and 20 feet 10,000 square feet 65 feet NA 20 feet 27 feet 20 feet 10 feet 5 feet, 3 feet if in rear yard 15 feet 20 feet S .d. 11.3. CR cottage residential district. (1 Perraitted buildings an § 31 -1 e cot - ta ,- . .11owing build- ings and uses and their accessory build- ings and uses are permitted: a. Dwelling houses each occupied by not more than one family and a garage no larger than two stalls wide, • • • § 31 -1 STILLWATER CODE b. Parks, playgrounds and other open space areas. c. Two family residences on corner lots. (2) Permitted uses with special use permits. In a cottage residential district, the fol- lowing buildings and uses are permitted by special use permit: a. Home occupations subject to all pro- visions of the zoning ordinance reg- ulating home occupation. (4) Development regulations. Area, setback and height regulations: Single Family 8. 9. 10. 11. Provision 1. Maximum building height: Main building Garages 2. Average lot area (for PUD) 2.a. Average lot area for two - family resi- dences (for PUD) 3. Minimum lot width 50 feet 4. Minimum lot depth NA 5. Minimum front yard requirements Front yard--House 15 feet Front yard— Garage (front facingl 20 feet Front yard — Garage (side facing) 15 feet 6. Side yard Interior House 5 feet Garage 5 feet Corner House 15 feet Garage 15 feet 7. Rear yard House Garage Frontage Requirement Driveway width maximum Supp, No, 13 CD31:16 (3) Accessory uses. No more than two acces- sory buildings, one private garage and one accessory building 90 square feet max- imum may be located in a residential premises. 2 stories and 28 feet 1 story and 20 feet 6,000 square feet 9,000 square feet 25 feet 3 feet 30 feet 12 feet at the street right -of -way All garages for two family residences must be set back 6 feet from the front of the residence. Only two stall garages at a maximum are allowed on two family residences and each garage must be accessed from driveways on different streets. Two- family rear yard garage set back 5 feet A minimum of 25 percent of lots must have garages completely recessed (more than six feet from front of a building or porch), a minimum of 25 percent of lots must have the garages set back two feet or more and a maximum of 50 percent of garages may project a maximum of six feet out from the front wall of the residence. Of that 50 percent, 25 percent must have habitable space above the garage and 25 percent must have front porches 9 PLANNING APPLICATION REVIEW FORM CASE NO. PUD /05 -73 Planning Commission Date: December 12, 2005 Project Location: 7135 -7143 Manning Avenue Comprehensive Plan District: Rural Residential Zoning District: CR Applicants Name: Croix Capital Group Type of Application: Planned Unit Development Project Description: The request is for a 20 residential lot Planned Unit Development on 8 acres of land. Background /Setting. The 8 acre site is located on Manning Avenue, a two -lane county road scheduled for widening in 2007/2008. To accommodate the widening a 110 foot right of way easement will be required along the west property boundary. The • site is surrounded by the Liberty Development, a Phase I expansion area site, to the north, east and south. The Liberty Development contains a range of single family housing types; Lakeshore, Traditional Cottage and Townhouse Residential. The residential unit type surrounding the subject site is Townhouse Residential to the north and Cottage Residential (small lot single family) to the east and south (see Cases CPA /05 -01 and ZAM /05 -01 for additional background). The Site. The 8 acre development site is composed of two parcels of land each containing a single family residence. A demolition permit is required for removal of the residences if they are over 50 years old. The site is heavily forested with a variety of evergreens and deciduous trees (see tree survey). Of special note are the large Oak trees (estimated at over 200 years old). Existing trees buffer the site from Manning Avenue to the north and cottage lots to the south. Storm water flows through the site from Grant under Manning Avenue and flows to the north. Zoning. As proposed, the zoning for the site is Cottage Residential. A copy of the district regulations is attached to the zoning amendment staff report (Case No. ZAM /05- 01). The proposed subdivision meets the lot size and dimension requirements for the cottage zoning district. To buffer development from Manning Avenue, a 100 foot special setback from the road right of way is required. • The proposed development is setback 25' to 75'. As indicated in the application, the existing tree stand buffers the site from the road. A retaining wall is shown on the a • development plans to narrow the right of way needed for road improvements and • maintain the tree buffer. The site development plans shows combined driveway access to 11 of the 20 lots. This approach fits the cluster development to the site and helps buffer the housing from CR 15 by placing the garage between the house living space and the road and conceals the auto from the front of houses and pedestrian space (see Engineer's comments on private drives). Park Dedication. The park dedication requirement is 10% of net site area or .6 acres. Open space area "C" around the base of the large Oak trees is 5,294 square feet. Other open space areas not including the right of way totals 88,478 square feet or 2 acres. This area contains trails, amenity water features and drainage ponds. A 43,335 square foot right of way dedication is required. Active recreation use of the open space area is limited. It is suggested that the lot between Area C and the existing Liberty Development be considered for additional active neighborhood park space. See attached site data table for averages. Public Utilities /Drainage. Road and utility services are extended from Liberty Development to the site. The City Engineer has reviewed the development plans and • offer the attached comments. The comments range from temporary site access during construction to grading, road improvements and drainage. Engineer comments are incorporated as conditions of PUD and preliminary plat approval and will need to be addressed in plans before final approval. Landscape Plan. A site development landscape plan shows the existing trees to be preserved and extensive street and site landscaping. The landscape plan indicates vegetative type, size and number. Site landscaping shall be coordinated with subdivision and building site improvements to ensure planting at the appropriate time before residence occupancy. Because street design and location of some of the units, across a creek, guest parking may need to be provided off some of the private drives as shown for the south building cluster. A fence and landscaping should be provided to screen and buffer the driveway from the rear of the Liberty residences to the south. Building Design. No individual building design has been submitted for the residential lots. As a part of final PUD approval, examples of building designs should be submitted for review to maintain compatibility with the Liberty Development. City design approval of individual lots house and landscaping will be required before building permit approval. • A preliminary plat accompanies this concept PUD approval and provides for the subdivision and improvement of the lots. Comments from the City Engineer apply both to the concept PUD approval and preliminary plat. This subdivision is located on Manning Avenue, a county road. The preliminary plat has been submitted to the County Public Works Department for comments. As of this writing, no comments have been received. Construction access from Manning Avenue and retaining wall improvements made by the developer will have to be reviewed and approved by the County Engineer. No direct road access is provided to Manning Avenue to the site. The PUD and preliminary plat is before the Planning Commission for review and recommendation to the City Council. The Joint Stillwater Township /City Planning Board will act on the project before final review and approval by the City Council. Recommendation: Approval with conditions Conditions of Approval. 1. Designs for housing sites shall be reviewed with final PUD approval. • 2. Site landscaping shall be installed and coordinated with subdivision improvements and individual site improvements. 3. Each building design and landscape plan shall be approved by the City's Community Development Director before a building permit is issued. All landscaping shall be installed or security provided before building occupancy. 4. Comments from Washington County Public Works shall be incorporated into development plans (see attached letter of 11- 30 -05). 5. Comments from the City Engineer shall be addressed and approved by the City Engineer before final plat approval as listed below. 6. Access to the site during grading and utility construction shall be on County Road 15 and not through Liberty Development. 7. The overall grading plan should show the proposed contours for the entire lot including the building pads. Because of limited space for access and storing excess material, the site should be mass graded. 8. No storm runoff shall drain into the Liberty Development. 9. Connection to the existing storm sewer at the northwest corner of the property should be made to the pond. The outlet pipe from the pond (27" RCP) should be no bigger than the existing pipe (24" RCP). The result of this may change the conditions of the pond. This will have to be reanalyzed. 10. Provide water quality information on all the ponds. 11. Provide soil borings and permeability information. 12. The HWL of pond Pro P4 encroaches into the building pad of the adjacent lot. The • plan should show a retaining wall at this location. 13. A minimum 3:1 slope is required for all pond locations. 0 U 40t'E 7111 120 CF GF cm 6428 STIL PHC FAX: cc SE Op PU EN AN • • • 14. All sidewalks shall be a minimum four feet from the curb unless less distance is needed to preserve trees. 15. The centerline street radius on the north end should be increased to 48 feet . 16. Stormwater plan should be submitted to and approved by Browns Creek Watershed District. 17. Plans should be submitted to Washington County for approval. Staff noted that minimum setbacks from the county have not been met. Such a proposal should be reviewed carefully, given the inherit conflict with road noise that will result. 18. Right -of Way minimum width is 50 feet. 19. Retaining walls along the curb should be pulled back, preferably to the right -of- way line. This will allow for utilities and snow storage. However, final alignment shall be coordinated with preserving trees. 20. Dedicate utility and drainage easements for the alley ways and trail easements. 21. Construction access plan for the property sites the make use of an alley. 22. Open Space Area C shall be expanded to include lot to the east to meet park dedication requirements as reviewed and approved by the Parks Board. 23. All impact fees shall be paid before final plat approval. 24. Grading limits and tree protection shall be dearly defined and grading controlled by sturdy snow fencing. No grading shall begin until fencing is installed. 25. Construction traffic, subdivision and building shall enter the site directly from Manning Avenue to minimize impact on the Liberty neighborhood. 26. Fencing and landscaping shall be installed to screen the south combined driveway from cottage residents to the south. Findings: The proposed Planned Unit Development as proposed and conditioned is consistent with the City's Comprehensive Plan Policy and Zoning Ordinance requirements. Attachments: Application and plans. CPC Action on 12/12/05: +8 -0 approval • • • Memorandum To: Steve Russell, Community Development Director 5- From: Shawn Sanders, Assistant City Enigneer Date: December 8, 2005 Re: Design review comments for Royal Oaks Realty and Liberty West Liberty West 1. Access to the site during grading and utility construction shall be on County Road 15 and not through Liberty Development. 2. The overall grading plan should show the proposed contours for the entire lot including the building pads. Because of limited space for access and storing excess material, the site should be mass graded 3. No storm runoff shall drain into the Liberty Development 4. Connection to the existing storm sewer at the northwest corner of the property should be made to the pond. The outlet pipe from the pond (27" RCP) should no bigger than the existing pipe (24" RCP). The result of this may change the conditions of the pond. This will have to be reanalyzed. 5. Provide water quality information on all the ponds. 6. Provide soil borings and permeability information. 7. The HWL of pond Pro P4 encroaches into the building pad of the adjacent lot. The plan should show a retaining wall at his location> 8. A minimum 3:1 slope is required for all pond locations. 9. All sidewalks shall be a minimum four feet from the curb. 10. The centerline street radius on the north end should be increased to at 48 feet 11. Stormwater plan should be submitted to and approved by Browns Creek Watershed District. 12. Plans should be submitted to Washington County for approval. Staff noted that minimum setbacks from the county have not been met. Such a proposal should be reviewed carefully, given the inherit conflict with road noise that will result. 13. Right -of Way minimum width is 60 feet 14. Retaining walls along the curb should be pulled back, preferably to the right -of- way line. This will allow for utilities and snow storage. 15. Dedicate utility and drainage easements for the alley ways and trail easements 16. Construction access plan for the property sites the make use of an alley. Washington County U' C -09 2005 15:30 November 30, 2005 Klayton Eckles City Engineer City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 WASH CTY TPD 651 430 4350 P.02 Department of Transportation and Physical Development Donald J. Theisen, P.E. Director /County Engineer Wayne H. Sandberg, P.E. Deputy Director /ASs't. County Engineer PRELIMINARY PLANS FOR LIBERTY WEST SUBDIVISION, ADJACENT TO WASHINGTON COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE NORTH; CSAH 15), SECTION 30, TOWNSHIP 30 NORTH, RANGE 20 WEST Dear Klayton: We have reviewed the preliminary plans of the Liberty West development that Shawn Sanders delivered on November 30th and have the following comments (we have not yet seen a preliminary plat drawing.): We have discussed with the developers the need for 110 feet of right of way. The right of way indicated on the plans meets this requirement. We request access control along the CSAH 15 frontage, with an appropriate access openings for non - motorized access at the trail connections. We are open to the concept of a retaining wall in the right of way as a means of limiting impact to trees when Manning Avenue is reconstructed. Based on our preliminary design, that wall would need to be located 60 to 70 feet east of the centerline of CSAH 15. The wall shown is approximately 55 feet east of the centerline and, therefore, about fifteen feet too close. Until final design is complete, we cannot define with any certainty the best location or 'size for a wall to maximize its benefits. If a wall is to be allowed in the right of way the following items would need to be agreed to before a permit would be issued: o An agreement for constructing it at no cost to Washington County must be reached, as well as agreement on whether to construct it as part of the Manning Avenue contract or prior to construction. The wall could be constructed as part of the Manning Avenue reconstruction contract as an item paid for by the City of Stillwater or it could be built by the developer prior to the start of our construction project, but after final design is complete, by permit. Washington County reserves the right to approve or disapprove of any plans for a retaining wall in County right of way. o The City and County must agree on a cooperative agreement for the maintenance of any wall prior to its installation. Washington County could accept responsibility for maintaining a wall, if its design is acceptable to the County Engineer. A wall not acceptable for County maintenance (such as a boulder wall), could be approved if the City of Stillwater would accept responsibility for maintaining it. 11660 Myeron Road North, Stillwater, Minnesota 55082 -9573 Phone: 651 -430 -4300 • Fax: 651 - 430 -4350 • TTY: 651 - 430 -6246 • www.co.washington.mnus LOCATION :651 430 4350 Equal Employment op RX TIME 12/09 '05 16:28 • • • WC-09-2005 15:30 WASH CTY TPD Please call me at 651 -430 -4312 if you have questions or comments. 651 430 4350 P.03 > Trail connections must comply with all applicable Minnesota Department of Transportation, Federal Highway Administration, and Americans with Disabilities Act regulations. > The 90- degree corners shown at the northerly trail connection are unacceptable. It has not been determined whether the existing trail can be maintained or if a new trail will be built in this area, but this is a detail we can work out as the road design progresses. It should be possible to fit a smooth transition into either the existing trail or a new trail that complies with all applicable standards. > The trail may not be built prior to the start of the Manning Avenue reconstruction. It will be built under the County's contract under the County's cost participation policy (75% City cost; 25% County cost). Trail connections into the development, and within County right of way, could be done under the County's construction contract under this policy but the cost of trail connections would need to be paid for completely by the City. > The existing driveway may be used by the developer as a construction access but will be closed to traffic at the stet of the Manning Avenue reconstruction project. The developer would be responsible for keeping mud and other construction materials from being tracked onto the County road. • Washington County's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds. County policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The developer should assess the noise situation and take any action outside of County right of way deemed necessary to minimize the impact of any highway noise. Sincerely, seph Lux Senior Transportation Planner C: Steve Russell, Stillwater Community Development Director Shawn Sanders, Stillwater Assistant City Engineer Mike Welling, Washington County Surveyor Chris Aamodt, Croix Capital Group Marc Putman, Putman Planning and Design Jim DeBenedet, Stevens Engineering N, \WORDIPIet Review. $tlllwater\Wbrcrty West Preliminary Plans 113008,doc LOCATION :651 430 4350 RX TIME 12/09 '05 16:28 TOTAL P.03 • • • PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are attached to this application. *An escrow fee Is also required to offset the costs of attorney and engineering fees. The applicant Is responsible for the completeness and accuracy of all forms and supporting material submitted In connection with any application. All supporting material (I e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application Is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. PROPERTY IDENTIFICATION 20 Address of Project �[ (i 1 4 Project IJ MI Mi A�Ti i.. Assessor's Parcel No. ? >D?,b33 2 (GEO Code) Zoning District Description of Project 1Dtti ISftt) Cal% ' U6i Ot4 IRS GAIL i icC T10ti1 "I hereby state the foregoing statements and all data, information and evidence submitted herewith In all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used." Property Owner Mailing Address City - State - Zip Telephone N Signature Gi15 PArMQISf Representative PD EN 24 Mailing Address 5'rtuA Jilt — 1 NJ 55082. City - State - Zip �• Telephone No. C ' Signature ature Lot Size (dimensions) Land Area 1. ES AMC-4 Height of Buildings: Stories Principal Accessory x ired) Feet Case No: Date Filed: 1/` 5 - d Fee Paid:; a2O Receipt No.: )' 'Ob 7 ACTION REQUESTED Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* ---- X — Planning Unit Development * Certificate of Compliance (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces • • Location Map 0 T32N T3IN T3ON T29N T28N 7N R21 W R2OW RI 9W T32N T3 IN RDW R21 W R2OW Vicinity Map T29N T28N T27N Scale in Feet 7,15 thauAns 1.4.1.40404 4041.�.IioD one reproduce°, ol 1end ream* so Mee eppew eerlouo WecAlnslon Counly offices 711e drawing should be used for nolorence PuguNum only. Washing. Corm,' Is nol reeporNible loc ren1Pooces*. Source Washing., County Surveyor, Mak Phone SIS17,704575 Parcel dela based on AS500 InlomN11oP Portant Ihroush Seplenter JO, SODS May ',dol.. November NI. SODS 335 • • • Publish: December 2, 2005 �►, j heater. THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING PLANNED UNIT DEVELOPMENT Notice is hereby given that the Planning Commission of the City of Stillwater, Minnesota, will meet on Monday, December 12, 2005, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street, to consider a request from Croix Capital Group for Planned Unit Development for a 20 lot development on 8.0 acres of land located at 7135 - 7143 Manning Avenue in the Cottage Residential, CR, District. Case No. PUD /05 -73. All persons wishing to be heard with reference to this request will be heard at this meeting. Steve Russell Community Development Director CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651- 430 -8800 • PLANNING APPLICATION REVIEW FORM CASE NO. SUB/05 -75 Planning Commission Date: December 12, 2005 Project Location: 7135 -7143 Manning Avenue Comprehensive Plan District: Rural Residential Zoning District: CR Applicants Name: Croix Capital Group Project Description: Twenty residential lot subdivisions located at 7135 - 7143 Manning Avenue. Discussion: Subdivision is analyzed as a part of the the Planned Unit Development review, Case No. PUD 05 -73. Recommendation: Approval with conditions i Conditions of Approval. 1. Designs for housing sites shall be reviewed with final PUD approval. 2. Site landscaping shall be installed and coordinated with subdivision improvements and individual site improvements. 3. Each building design and landscape plan shall be approved by the City's Community Development Director before a building permit is issued. All landscaping shall be installed or security provided before building occupancy. 4. Comments from Washington County Public Works shall be incorporated into development plans (see attached letter of 11- 30 -05). 5. Comments from the City Engineer shall be addressed and approved by the City Engineer before final plat approval as listed below. 6. Access to the site during grading and utility construction shall be on County Road 15 and not through Liberty Development. 7. The overall grading plan should show the proposed contours for the entire lot including the building pads. Because of limited space for access and storing excess material, the site should be mass graded. 8. No storm runoff shall drain into the Liberty Development. 9. Connection to the existing storm sewer at the northwest corner of the property should be made to the pond. The outlet pipe from the pond (27" RCP) should be no bigger than the existing pipe (24" RCP). The result of this may change the conditions of the pond. This will have to be reanalyzed. III 10. Provide water quality information on all the ponds. 11. Provide soil borings and permeability information. • 12. The HWL of pond Pro P4 encroaches into the building pad of the adjacent lot. The plan should show a retaining wall at this location. 13. A minimum 3:1 slope is required for all pond locations. 14. All sidewalks shall be a minimum four feet from the curb unless less distance is needed to preserve trees. 15. The centerline street radius on the north end should be increased to 48 feet . 16. Stormwater plan should be submitted to and approved by Browns Creek Watershed District. 17. Plans should be submitted to Washington County for approval. Staff noted that minimum setbacks from the county have not been met. Such a proposal should be reviewed carefully, given the inherit conflict with road noise that will result. 18. Right -of Way minimum width is 50 feet. 19. Retaining walls along the curb should be pulled back, preferably to the right -of- way line. This will allow for utilities and snow storage. However, final alignment shall be coordinated with preserving trees. 20. Dedicate utility and drainage easements for the alley ways and trail easements. 21. Construction access plan for the property sites the make use of an alley. 22. Open Space Area C shall be expanded to include lot to the east to meet park dedication requirements as reviewed and approved by the Parks Board. 23. All impact fees shall be paid before final plat approval. 24. Grading limits and tree protection shall be clearly defined and grading controlled • by sturdy snow fencing. No grading shall begin until fencing is installed. 25. Construction traffic, subdivision and building shall enter the site directly from Manning Avenue to minimize impact on the Liberty neighborhood. 26. Fencing and landscaping shall be installed to screen the south combined driveway from cottage residents to the south. Findings: The subdivision is consistent with the City's Comprehensive Plan Policy and Zoning Ordinance requirements as amended in Case No. CPA /05 -01 and ZAM /05 -01. Attachments: Application and plans. CPC Action on 12/12/05: +8 -0 approval Washington • �Counry • November 30, 2005 Klayton Eckles City Engineer City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 PRELIMINARY PLANS FOR LIBERTY WEST SUBDIVISION, ADJACENT TO WASHINGTON COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE NORTH; CSAH 15), SECTION 30, TOWNSHIP 30 NORTH, RANGE 20 WEST Dear Klayton: Department of Transportation and Physical Development Donald J. Theisen, P.E. Director /County Engineer Wayne H. Sandberg, P.E. Deputy Director /Ass't. County Engineer We have reviewed the preliminary plans of the Liberty West development that Shawn Sanders delivered on November 30th and have the following comments (we have not yet seen a preliminary plat drawing.): > We have discussed with the developers the need for 110 feet of right of way. The right of way indicated on the plans meets this requirement. We request access control along the CSAH 15 frontage, with an appropriate access openings for non - motorized access at the trail connections. > We are open to the concept of a retaining wall in the right of way as a means of limiting impact to trees when Manning Avenue is reconstructed. Based on our preliminary design, that wall would need to be located 60 to 70 feet east of the centerline of CSAH 15. The wall shown is approximately 55 feet east of the centerline and, therefore, about fifteen feet too close. Until final design is complete, we cannot define with any certainty the best location or size for a wall to maximize its benefits. If a wall is to be allowed in the right of way the following items would need to be agreed to before a permit would be issued: o An agreement for constructing it at no cost to Washington County must be reached, as well as agreement on whether to construct it as part of the Manning Avenue contract or prior to construction. The wall could be constructed as part of the Manning Avenue reconstruction contract as an item paid for by the City of Stillwater or it could be built by the developer prior to the start of our construction project, but after final design is complete, by permit. Washington County reserves the right to approve or disapprove of any plans for a retaining wall in County right of way. o The City and County must agree on a cooperative agreement for the maintenance of any wall prior to its installation. Washington County could accept responsibility for maintaining a wall, if its design is acceptable to the County Engineer. A wall not acceptable for County maintenance (such as a boulder wall), could be approved if the City of Stillwater would accept responsibility for maintaining it. 11660 Myeron Road North, Stillwater, Minnesota 55082 -9573 Phone: 651- 430 -4300 • Fax: 651 - 430 -4350 • TTY: 651 - 430 -6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action • • ➢ Trail connections must comply with all applicable Minnesota Department of Transportation, Federal Highway Administration, and Americans with Disabilities Act regulations. ➢ The 90- degree corners shown at the northerly trail connection are unacceptable. It has not been determined whether the existing trail can be maintained or if a new trail will be built in this area, but this is a detail we can work out as the road design progresses. It should be possible to fit a smooth transition into either the existing trail or a new trail that complies with all applicable standards. ➢ The trail may not be built prior to the start of the Manning Avenue reconstruction. It will be built under the County's contract under the County's cost participation policy (75% City cost; 25% County cost). Trail connections into the development, and within County right of way, could be done under the County's construction contract under this policy but the cost of trail connections would need to be paid for completely by the City. ➢ The existing driveway may be used by the developer as a construction access but will be closed to traffic at the stat of the Manning Avenue reconstruction project. The developer would be responsible for keeping mud and other construction materials from being tracked onto the County road. ➢ Washington County's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds. County policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The developer should assess the noise situation and take any action outside of County right of way deemed necessary to minimize the impact of any highway noise. Please call me at 651- 430 -4312 if you have questions or comments. Sincerely, seph Lux Senior Transportation Planner C: Steve Russell, Stillwater Community Development Director Shawn Sanders, Stillwater Assistant City Engineer Mike Welling, Washington County Surveyor Chris Aamodt, Croix Capital Group Marc Putman, Putman Planning and Design Jim DeBenedet, Stevens Engineering N: \WORD \Plat Review- Stillwater\Librerty West Preliminary Plans 113005.doc • Memo To: Planning Commission From: Steve Russell, Community Development Director Date: December 8, 2005 Subject: Annexation of 8 Acres of Land Located East of Manning Avenue Adjacent Phase 1 Annexation Area located at 7135 -7143 Manning Avenue. Case No. ANN /05 -01 Background. The subject site is located in the Phase IV annexation area. The Orderly Annexation Agreement allows owners of property in the Phase IV area to petition the City for annexation at any time. It is then up to the City to decide if the annexation can be accommodated is appropriate and consistent with City planning policy. • Analysis. The site is surrounded by the Phase I Liberty Project. Street and utilities were extended to the site to accommodate future development and the proposed land use is consistent with surrounding area land use. • The proposed development is consistent with the amended City Comprehensive Plan and Cottage Residential Zoning. Recommendation: Recommend annexation to City Council. Attachment: Annexation map. CPC Action on 12/12/05: +8 -0 approval • • Location Map t a • sr • • A • • 7 727 724 723 3550 (41 456 ARVES REE \ c. Cr' TENDIN GREE 8,9\. 300 '3 PLANTI GREE • e 3 Er? 33 sro, o S ) L ,s■9_ 90 ct- 31 0 37 TRA:L/PARK LLSEI .PAR10440 1 105 76 7143 A V 7135 77 Q, >'‘,;/ • I 44, 0 SO 424 d' u i5) o r \ C5 0 KINSHI , GREEN 2 LIBERTY 3645 OMESTE GREEN • 3625 3665 _ 594 -‹ 6 - 612 ••, 5k g 34'15 \ ( to /5'69 -6 614 547 / 348 1 6A LIBERTY AVENUE T.S i c o t, C■I \ MI 01) 4 ARM HI GRED •*„ -r/ 3 , /4. Vicinity Map 0 000 Scale in Feet Thi s drawing le Ole result of ecomGIISIon end reproduction 0.11a monde es Ihoy epee p1103000 Wnhtngton County offlooll The 0ewIn0 el,ottla be used brreferena ounaosos only Weohnoton County 15 no, sponalo for any Ineccurecie• 5ourc Surveyors Office Parcel deto based on A8400 0tomelion arterl Ihrough. October 3i. 2005 mop mnled Decomb• 5, 2005 Memo The application is for a 20 lot, 19 townhouse office development at 1749 South Greeley. A newer office building and some storage buildings currently occupy the site. The newer office building will remain and storage buildings removed. The original application was heard by the Planning Commission at their August 8 meeting. Concerns for grading, drainage and site coverage, tree preservation and rear setback were expressed at that meeting. 0 Since the first meeting, the applicant has prepared a tree survey and modified the plans by eliminating three office condo's allowing the structures to be setback farther from the rear property line and preserving significant Oak and Spruce trees. Lot impervious surface coverage has been reduce to accommodate drainage standards. One remaining issue is the rear site runoff. The applicant has proposed rain gardens with surface overflow. In another similar situation, the condition has resulted in gullying and significant erosion (see Highland /Lily Lake photos). The City Engineer would prefer rear runoff being collect in a pipe and discharged down the hill in the open space /natural area. This would eliminate the need for the wider setback. • To: Mayor and City Council From: Steve Russell, Community Development Director Date: December 29, 2005 Subject: Planning Reviews for Development of Townhouse Office Development at 1749 South Greeley Street. Cases No. CC /V/05 -50 and SUB/05 -45. Certificate of Compliance and Variance. Attached to this cover staff report is the Planning Commission staff report discussing the use and rear yard valiance. As was discussed by the Planning Commission, the natural /open space area to the east of the site separates and buffers the development from the residential area. Other conditions regarding lighting and landscaping were added by the Commission to reduce the impact of the development on the residential area.. Subdivision. The preliminary plat request is to subdivide two lots of 5.14 acres into 20 lots, 19 office and one common area. The plans have been reviewed by the City Engineer and Washington County Public Works (Greeley is a county road) and comments /conditions are included in the conditions of approval. The Planning Commission subdivision staff report and minutes are attached. The design of the office development was reviewed and approved by the Heritage Preservation Commission. The Planning Commission approved the findings and recommended approval of Case Nos. CC /V/05 -50 and SUB/05 -45 at their meeting of December 12, 2005. Council Action: Decision on Planning Commission recommendations. 1. Case No. CC /V/05 -50 - motion 2. Case No. SUB/05 -45 - resolution Attachments: Application, plans, Planning Commission staff report and minutes of December 12, 2005. Conditions of Approval: 1. Buildings 1 -6 shall be setback 60 feet from rear property boundary to accommodate rear building roof drainage or an alternative to control drainage with reduced setback provided as approved by the City Engineer. 2. The landscape plan shall be planted before building occupancy. 3. Any building signage shall require a sign permit. 4. Before project grading, the existing trees that are scheduled to be preserved shall be protected by fencing. 5. A preconstruction conference shall be held to review tree protection and erosion control measures before grading begins. 6. The landscape plan shall be modified to add evergreen trees separating the rear of the project from residents to the east. 7. No rear lights accept low profile shielded sidewalk lighting 8. Light poles height shall be 20 feet including base and approved by the Community Development Director. • • • • PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (1 e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. Address of Project I q '11 (9•Ef 2 71 ,T Assessor's Parcel No.3 ”30 "�'3Z'QO6f POD $ BP- (GEO Code) Zoning District IJP I Description of Project brie. exi5ri () Dcro... 13 01 1 -0 0-( 11-60 'ZI 14 � ToWN 0Frtcez "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. l further certify I will comply with the permit if it is granted and used." Property Owner U(oR4. PI li E5 &Paw Mailing Address Po Box 15 City - State - Zip vrii LLvveti =R. q /D ` Telephone No. (O l - - b (3 Telephone No. Signatu (Signature is Lot Size (dimensions)(97L/ x 31 Land Area S i / At. . Height of Buildings: Stories Principal Accessory quired) 0 Irreykr st►yp Feet PROPERTY IDENTIFICATION Signature 57 Case No: CODS Date Filed: 7 /a-a/OAS' Fee Paid: ,N,6700 Receipt No.: ACTION REQUESTED � Special /Conditional Use Permit Variance Resubdivision — Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development* > Certificate of Compliance Representative 11 (V-6. RoycitortglAtAtr Mailing Address )Ord Cam• 6t)L7E /90 Cit - State - Zip 6 Evj 1 557 2_6.. Log1 - L/ 3 -551 (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area &71 17- square feet Existing 3,5 square feet Proposed (03 ( BZO square feet Paved Impervious Area JIb,30Ssquare feet No. of off - street parking spaces 'ZZ-d PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. n I PROPERTY IDENTIFICATION ' Address o f Project i t " 61 ( 9 K f , L j T f ( t Assessor's Parcel No.��' Z 33Z J obi/ , s' nn P T (GEO Code) Zoning District IJ ,1. Description of Project bt4E. e�,!`211 C� (� Dj�1C.� 1iuii.(�((i- , AHD Zi I4 t✓W Tovstri F 7 . "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. 1 further certify I will comply with the permit if it is granted and used." Property Owner LY9 Paafr l>%5 /020017 Mailing Address Po 13oX 15 // City - State - Zip ' fl LLyvti i2 � j So 2. Telephone No. o 1 -- 7/ L -0/(3 Signatu (Signature is Lot Size (dimensions)0 x 31 Land Area I q AA. Height of Buildings: Stories Principal GjEE Accessory uired) SITE AND PROJECT DESCRIPTION D %rr vlw.1� $ e Total Building floor area e j t ''uP } 9 71 [!7-0 _ square feet Existing '3 square feet Proposed (.03 (oZD square feet Paved Impervious A / ea Jllo,30s'square feet No. of off - street parking spaces Z7.-43 Feet 1 5 Telephone No. Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Ran Amendment* Zoning Amendment* Planning Unit Development * X Certificate of Compliance Case No: SU 6)05 1 6 Date Filed: 7/ ?? /O5-- • Fee Paid: No.: 4l,/ ACTION REQUESTED / � Representative 1 a 4., ROVILOrigiAeArtit Mailing Address ) 0 0C) rtel. R.Q__E h t) f 5o Cit - State - Zip ....V I Evj . Pitt- 55/ at, (5i- Ile 3 -53(P) LL ( Signature (Signature is required) c v 6ric LA,_v Lk N • • PLANNING APPLICATION REVIEW FORM CASE NO. CC /V/05 -50 Planning Commission Date: December 12, 2005 Project Location: 1749 South Greeley Street Comprehensive Plan District: Business Park Industrial Zoning District: BP -I Applicants Name: Royal Oaks Realty Project Description: Request for certificate of compliance (use) with a variance to rear yard setback (75 ft required, 35 feet to 67 feet proposed) for 19 lot office condominiums development on a 5.14 acres site. Discussion: This item was before the Planning Commission on August 8, 2005. At that meeting, a variance to the tree ordinance was denied and the preliminary plat continued until the required tree survey was prepared. Other planning issues discussed at the August 8 meeting were drainage /impervious surface requirements, III rear setback and landscape plan improvements. In response to the concerns expressed at the August 8 meeting, the applicant has prepared a tree survey (enclosed) reduced the project size by three office sites and rearranged the site plan to preserve stands of Oak and Spruce trees. The lot coverage requirement is met by the revised site plan. • The tree survey is shown on Page 2 of the application package. Page C -2 is the preliminary site plan and maps L -1 to L -3 are the landscape plans. The landscape plan shows existing trees along Greeley Street (Maples), the front south property boundary (Spruce) and rear south property boundary (Oak) being preserved. Since the August 8 meeting, the following changes have been made: 1. Three office condo's have been eliminated; 2. The site grading has been changed to eliminate several retaining walls; 3. Trees have been saved along the rear and south boarder of the site; and 4. The rear building has been moved further to the west (Greeley Street) to increase setback. Currently, the proposal shows a rear setback of 67 feet to 35 feet. It should be noted that beyond the rear property boundary is a deeded 180 foot open space wooded natural areas. This in effect buffers the office project from the residences to the east. The site plan shows 196 parking spaces for the 57,079 square foot office building per code. The northeast building component, Lots 1 -6, have a minimum 35 foot setback. If the setback was widened to 60 feet, a clump of Oak trees could be preserved and site drainage to the rear better controlled (see memo from Engineering Department). The landscape plan shows existing trees along Greeley Street preserved with significant building foundation and parking island landscaping. A nicely landscaped picnic area is shown between Buildings 16 and 17. The office use is a permitted use in the Business Park Industrial District. No specific office uses are proposed at this time but depending on use may required additional review. Recommendation: Approval with conditions Findings for Variance: 1. The use is consistent with the BP -I zoning district regulations 2. Because of the site conditions and adjacent woodland natural area separation and buffering the site from residential area to the east the purpose of the 75 foot setback is met (the separation between office building and residence is over 200 feet, 75 feet required). Conditions of Approval: 1. Buildings 1 -6 shall be setback 60 feet from rear property boundary to accommodate rear building roof drainage or an alternative to control drainage provided as approved by the City Engineer. 2. The landscape plan shall be planted before building occupancy. 3. Any building signage shall require a sign permit. 4. Before project grading, the existing trees that are scheduled to be preserved shall be protected by fencing. 5. A preconstruction conference shall be held to review tree protection and erosion control measures before grading begins. 6. The landscape plan shall be modified to add evergreen trees separating the rear of the project from residents. 7. No rear shielded Tight accept low profile sidewalk lighting 8. Light poles shall be 20 feet and approved by the Community Development Director. Attachments: Application and plans. • • • • PLANNING APPLICATION REVIEW FORM CASE NO. SUB/05 -45 Planning Commission Date: December 12, 2005 Project Location: 1749 South Greeley Street Comprehensive Plan District: Business Park Industrial Zoning District: BP -I Applicants Name: Royal Oaks Realty Project Description: Preliminary plat approval for 20 lot subdivision (19 condominium office lots and common area). Discussion: The request is to subdivide a 5.14 acre site into 20 Tots, 19 office condominium lots and a common area. This item was previously reviewed by the Planning Commission at your meeting of August 8, 2005 and continued for completion of the application submittal (tree survey) and modification of plans to accommodate impervious surface requirements. The previous submittal had 22 office lots including • the existing office structure. The current proposal has 19 Tots including the existing office structure. Project Review. The subdivision request (SUB/05 -45) is related to the Certificate of Compliance and variance (CC /V/05 -50). The preliminary plat shows a townhouse office site plan with coordinated access parking landscaped areas. Along with the site plan utility /drainage and grading plans have been submitted and reviewed by the Engineer Department (memo attached). Of particular concern is for the drainage from the rear of buildings 1 -6. With the reduced setback (35 feet rather than 75 feet) it will be difficult to manage rear roof runoff. This condition has resulted in erosion problems in other similar areas in the City. A condition of approval is recommended to adequately address this engineering concern. Access to the site is off of CR 66, Greeley, requires review by Washington County. Major access to the site is at the Curve Crest/Greeley intersection that may require some modification to the driveway design to align with the intersection and stop light. This will be the responsibility of the developer. Commercial subdivisions require park dedications. An in lieu fee will be collected before final platting. • To protect trees and the site before grading a preconstruction site meeting is required and early installation of silt and tree protection fencing. Recommendation: Approval with conditions Conditions of Approval. 1. Buildings 1 -6 shall be setback 60 feet from rear property boundary to accommodate rear building roof drainage or an alternative to control drainage provided as approved by the City Engineer. 2. All utility and drainage easements as required by the Engineering Department shall be provided. 3. Modification to the intersection of CR 66 and Curve Crest Blvd shall be provided as required by Washington County. 4. Silt fence and protective tree fencing shall be installed before a site preconstruction meeting with representatives from the Engineering and Planning Departments. 5. The common area association documents shall be reviewed and approved by the City Attorney to protect City interests. 6. A park dedication fee of $38,000 shall be paid before plat recording. 7. Comments from Washington County shall be incorporated into final development plans. Findings: The project as conditioned is consistent with the City zoning and comprehensive plan. Attachments: Application and plans. CPC Action on 12/12/05: +8 -0 approval • • • • • • City of Stillwater Planning Commission December 12, 2005 Present: Robert Gag, chair Suzanne Block, Gregg Carlsen, Mike Dahlquist, Dave Middleton, David Peroceschi, Paul Teske and Jerry Turnquist Others: Community Development Director Steve Russell Absent: David Junker Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Turnquist, seconded by Mr. Middleton, moved approval of the minutes of Nov. 14, 2005. Motion passed unanimously. Case No. CCN /05 -50 A Certificate of Compliance and variance to the rear yard setback (75 feet required, 35 feet and 67 feet proposed) for a 19 -lot office condominium development at 1749 S. Greeley in the BP -I, Business Park Industrial District. Royal Oaks Realty and Ogren Properties, applicants. Present representing the applicants were Mike Black of Royal Oaks Realty and Eric Ogren, property owners, along with a civil engineering consultant. Mr. Black stated they had done a tree inventory as required at the last appearance before the Planning Commission. Also in response to concerns raised at the previous meeting, three office units have been eliminated from the plan. The plan now includes 18 new units and the existing building on Greeley Street. The elimination of the units has enabled them to pull the buildings back from the rear property line and reduce the requested setback variance. The new plan also meets the impervious surface requirements, he said. A grading plan, landscaping plan, and lighting plan, which reflects the recommendations of the Heritage Preservation Commission, have been submitted. The city engineer expressed some concern regarding drainage off the back of the property. In response to that concern, he said gutters will be installed for rooftop runoff and four rain gardens constructed to retain /infiltrate water before it leaves the property. It was noted that there is 180' of deeded open space from the rear of the Ogren property to the residential properties to the east. Upon a question by Mr. Dahlquist, Mr. Ogren reviewed the changes in the rear setbacks achieved by the elimination of the units. The most significant change went from a previous setback of 35' to the current proposed setback of 67'. Ms. Block asked about the height of the retaining wall. The retaining wall ranges from 4' to about 2', Mr. Black said. Ms. Block also asked about the elevation of the buildings and whether the units would be visible from adjacent residential properties. Mr. Ogren said the units probably would be visible in the winter. Mr. Gag opened the public hearing. Carol Huber, 813 Everett Dr., said the new development backs up to her neighborhood. She expressed a concern about the height of the proposed buildings, the number of units, the number of trees that will be removed and said she was opposed to the granting of the requested variance. Hilmer Huber, 813 City of Stillwater Planning Commission December 12, 2005 Everett Dr., questioned how many trees would be removed and also how rain gardens function. The resident of 820 Rainbow Court expressed a concern about runoff and lighting. Carroll Rock, 811 Everett Dr., asked whether it would be possible to plant trees on the east side of the retaining wall. The public comment period was closed. Mr. Black addressed the concern about the number of trees to be removed. He noted that a tree inventory has been completed but agreed that a substantial number of trees will have to be removed. However, he noted that the 180' Washington County easement at the rear of the property will remain in open space. The civil engineering consultant explained the functioning of rain gardens. He said he is working with City Engineer Klayton Eckles to address concerns about runoff. There was a question about building height. It was noted 40' is allowed. The proposed units are 20' from the ground to the mid -point of the roof. Mr. Black explained it was the intent to give the units a residential look. Ms. Block asked if the developers could meet rear setbacks. Mr. Ogren said with the cost of extending services to the property and given the topography of the site, the revised proposal is the best they can do. Mr. • Peroceschi asked about the possibility of planting additional trees. Mr. Black and Mr. Ogren said they would look at that possibility. Ms. Block asked if runoff would affect Brick Pond; the applicants said runoff would go to Greeley Street and would not affect Brick Pond. Ms. Block said she liked the building design and said she would like to see additional plantings if possible. Mr. Carlsen said he liked the look of the proposed development when one considers the alternatives of what might be developed on that property. Both he and Mr. Peroceschi talked of the large buffer that will remain between this development and residential properties to the east. Mr. Teske said while he understood concerns, he felt the proposal is an appropriate use considering alternatives; he said he would like the developers to work with the City regarding the suggestion about additional tree plantings. Mr. Teske said he also appreciated the compromise made by the developers. Mr. Gag urged the developers to consider additional plantings to soften the view during the winter for neighbors. There was a question about lighting and whether there would be any outside lighting on the rear of the units. Mr. Black said there might be some pedestrian lighting. Mr. Middleton moved approval of Case No. CC/V /05 -50 with the five conditions of approval suggested by staff and the additional condition that there be no lighting on the rear of the units other than shielded, downlit fixtures or sidewalk lights. Condition of approval No. 2 also was amended to indicate city staff must approve the landscape plan. Ms. Block seconded the motion; motion passed unanimously. Case No. SUB /05 -45 Preliminary plat approval of a 20 -lot subdivision with variance to the rear yard setback (35 feet proposed, 75 feet required) at 1749 S. Greeley in the BP -I, Business Park Industrial District. Royal Oaks Realty and Ogren Properties, applicants. • • • City of Stillwater Planning Commission December 12, 2005 • • Mr. Russell indicated Washington County has submitted comments regarding the subdivision. Mr. Middleton, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Dahlquist expressed a concern about access off Greeley Street and said he was concerned that the alignment of the access provides for a safe intersection. Motion to approve Case No. SUB /05 -45 passed unanimously. Case No. SUB /05 -70 A minor subdivision of Lots 35 -38, Block 7, Carli and Schulenberg's Addition at 1221 N. Broadway in the RB, Two Family Residential District. George Middleton, applicant. Tim Freeman of Folz Freeman Erickson Inc. was present representing the applicant. He explained the proposal to combine properties into three new buildable parcels in addition to the existing home. Mr. Peroceschi, seconded by Ms. Block, moved to recommend that the Council approve the proposed subdivision. Motion passed unanimously. Case No. SV/05 -71 A street vacation of a portion of unimproved Holcombe Street abutting Lot 5, Block 9, Thomas, Parker and Mower's Second Addition. James and Diane Kleinke and Ande and Muriel Hassis, applicants. The applicants were present. It was noted a section of the street was vacated in 1990 and they did not envision the City ever using the portion of the street asked to be vacated. They said they did not want to extend the vacation any farther in order to maintain access to another Lot. Mr. Peroceschi asked how the vacation would be split. The applicants said they would work that issue out. Mr. Turnquist, seconded by Mr. Dahlquist, moved approval of the requested street vacation. Motion passed unanimously. Case No. SUB/05 -72 A minor subdivision of Lot 3, Block 1, Joseph Wolf Brewery Addition into one lot of 1,200 square feet at 402 S. Main St. in the CBD, Central Business District. Steve Bremer, 402 Main Street LLC, applicant. Mr. Bremer was present. He explained he was requesting the subdivision in order to sell a space, the current gift shop space, on the main level of the building. He said the space was never subdivided previously. Ms. Block moved approval of SUB/05 -72. Mr. Middleton seconded the motion; motion passed unanimously. Case No. CPA/05 -01 Comprehensive Plan Amendment changing land use designation of 8.0 acres of land, "Liberty West," from Rural Residential to Cottage Residential at 7135 -7143 Manning Avenue. Croix Capital Group, applicant. Case No. ZAM /05 -01 Zoning Amendment changing the zoning designation from Agricultural Presentation, AP, to Cottage Residential, CR, of 8.0 acres of land at 7135- 7143 Manning Ave. Croix Capital Group, applicant Case No. PUD /05 -73 Planned Unit Development for a 20 -lot development on 8.0 acres of land at 7135 -7143 Manning Ave. Croix Capital Group, applicant. 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A P . .a a a a .7 2 2 .2 2 . .2 . . 2 . .3 A 20114100530 1331.10 • cn a; S 7 a r o $ bspZ 0l30 \2o0 8na 1l' \JBI°•11l5s\ 2°0I°5°5 \seor \ -5 K: \JOBS \Royolpoks \stlllrotd \city - submittal \0516512_ 1.OWG a Fg s z 5 4 A g lq" 23 i M iwR LI a g F 41 - 4 � 29 / .� 1..2..E firlli • mos NENE EMS r- rn C3 > AD SHEET DESCRIPTION 75 2 4 7 e 2 DRAWING INFORMATION -I ISSUE RECORD = m g • REGISTRATION ARCHITECT PA L I L r 1- u r H 1 NIIII►1 lif Pi glA 0' -113(y gE ° N g R ;e OS Q oA MI 1 `J7 e 8 6 5 10 0 5 ri, rn PMW 0 eo Ae Eo a2pPI El' 28 2 4mF, m �� ;fi g PROJECT NAME Lti = C O A Np �oO CT r11 O m o 77 N z N ' ° • 3':1 N 103f08d • • • i E ,4-,6 O -,ol .0-,OH ,L -,f4 • 13311H38V ,N -s b- o -, NOI1V315103a 9 - ,l to • OH033a 3N55I • NOI1 tl19NO3NI ONIIdtl NO ,0-,OL ,0-,01 NOIINIU3S30 133HS 0,xo a za 60150 \g AHAJaloHms \w \930x\ )I kAJORS \ROyalOaks \sGk.oter \ city-submittal \05165_A2_3.0WG SHEET DESCRIPTION DRAWING INFORMATION — r Ai 4 • ISSUE RECORD REGISTRATION M ARCHITECT ONGO a Tgu 20 -114(e 6 e C p g. _ §' 2g 19 94M Eil egg i I m r o e N 2m ag mA 8g 0 =I Z 0 ‘. Z PROJECT NAME v1 to to =t 7 I C o s ° O r*7 .� n r < u1 m > til z --1 Lq 8 og g !s a VI 31NVH 103rONd .£—,L .0 - ,Ol • /331.1HWN% .01-,11 11111111]11li icy A-, g pE h htp qvp - § ° -1 • N011V81S103H 011003U 3nssI 1701111WHO41I ONIMV80 <1> NOILdI11OS30 133115 oMaz zv s9lso \IOH1w9ns- 1 1!o\ , apasins \S3oaoAoH \sear\ r H:\JOHS \RoyalOaks \ stint/Ater \ city—submittal \051651Q_5.dwg CD. — N Izp r^ m D _-I O I' • MI Q hl111IIII 1 1 '1111 2 h4 uIuI iI III P i ; . rill rA igl IiNIIIIIIMj .. 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A p 27'- 2')16" () (t) e e e t 6 t e ' " ! ! !nu -, la r: a in 9 3 5 5= 5 _ N s ` : ha 8 p a 0 9 80 E' 'i m g g A 6 5 P 8 q z 1 P, �O Z m 0 Z PROJECT NAME • 5 3410N 103rOtld • .0 —,09 • O 13311HONtl cc�a. 0 2 2 ,Z —,4 .0—,4 .4 —,L • NOI1tla1S1039 gi g 00038 MISS! .o-,9 .a —,L I .0—,4 .z .Z — .4 .9—,4Z 0 • O a6 8 NOIL 'JHOiNI `SNN.in`JO .4 N0IiLIMOS30 133115 me .0—S .0 —,0 .0—.9 • U U z_ 5 6 Mf'4 Zr lop! w9ns- 6 1p\ , ala.ng , :\slool a \seorVN —EMI K:\ JOBS \RayolOoks \sliNwoter \city — submittal \05165�2_7.dwg la N 171 tillI�I�i„o ! i i i ij.u■ i ,' 6 � ' k I 1�I , 8e I ;ENE al � i I I l l Ii 4 1 I l 1 l l l l l l l l 1 ..,11 11 �I,h.IJ 1 �I I LI�I�L II,I II .1 l l l . l rll ii 1 I I111ir1 1i IIIIIIIIIIIiIkt . lilil r >VIIIIIII .Jii : I 'BMW � u - - 1 'I I 1 1 711 1 IIII' 1'1 II 1 eloi!i I Ira lhia 1-a�.i , 1 11144111 . il 111 II I 1 I1 .I. !�g�14� 1 11111 I,�Ii dt1' 'I I Ilh I II,IItr; f }s1�111 I IjdII! .I 11 I1I1IIIi!I111,1NIlu •,...„,,, III pp IIIII�•u•' si III r o., a i ` i n tE i�'09 gat !. ! 1 Mild � E3 miiiiII11 119 I Ihh IIi!l ii1 r 1 I I III 11 II I I'I IT E IIIII !Milt'', �11LI 1 'I' h!dii lilll 11 I I- lII11 is lit i ii��lll."— N l . i6, ilil rrl;rrI Pilllililil111111111111 l.. I,l LL I! LL LLI, kkh l L LL LL 1 661. SHEET DESCRIPTION DRAWING INFORMATION 4 a 8 2 2 8 a A 0 — N m � m m o - r D 0 z c z ISSUE RECORD • 9 9 4 8 REGISTRATION ARCHITECT ;0 1 R H t c g h$ a L 3 3 I! ' 1 1 1 1 1 1 1 1 I 11' 1 I �w��11lll 111 1.461111:111 [1 all ■a m-� r i I I 1 1 111' • III'I 1 I 11 111 MI it x 111 1 4 1 1 1 1 1 11 MIN! I 1 Iry I P I T : @ • °' ®� 1 � 1 � ■. • 10 a146!i!i'i l ;I din 1 � •' I� • • JNlIj1l1�6l1l1j l ll ME II rIN in: •ill try 1 1 3hllln 111 1 i I I !r I jdd ljilH1,jl�llll "' ruIIIl1!jl i 1 l a1 I Q 5I Ill,II IIII PIiP11PPIpIPIiliP1i 111111111 •66311111111 111 41, Ii1411 ,IlI,Ili111111,1111111111 MI :L� i' MI '' ' X11:11 1 - ;3 C'I4II11111 yi ll i I I Ell illltilli Ell .111151,111.1M1 il Oo IIi I �Illlilllll!i!!ili 63is: ..�w'1 a "lp ■ i. �•u l =■ d i 1 ° . �l ! T. lJ ; s Ill !Ili o! A u ti - z g0 o e� 8 A Rs �� 1 G : e 0 0 2 p 2 , __, g 6 n§ 8 -. N > $ V `; I :iii 2 _g, % 2 - 1 I !, ! in 1 2 i 1 4 a § ,x, m m = g g; g 9 8 9 PROJECT NAME N Z ce w < Q w O ,29 L j � > - 0 O� O O V = i LA LA 3SIVN 103r0Hd la In ,L r L J 2- ,0 -09 O 10311HOMS rrodS —* ,4—,L ,9 —,9Z L. 8� = saEdg lag Egg :4 g • O Q B o 5'. MiY4Or W e i B ag ga NOI11/81SIO3H OHO03d 30SS1 Eck :4 Vs 1 1 - 1 ,— , ,0 —,9 r 7 L J 5 a NOI1tll'1803N1 ONI1.1V80 • \e --8- -1 \' ' 2 \I --e A . • • ♦� --+- -� ♦ - g N0I1did3S30 133MS L 1 ,0—,9 • 6 MP'9 zr- 9919x\ IOApwWs- 1i1> \'am"9N5 \saooloka\SeorVy • K:\JOBS\ROyolOoks \stillwoter \city - submittal \05165_A1_3.dwg N C W *xY SHEET DESCRIPTION � g g 2 A 6 DRAWING INFORMATION 4 -0' A.F.F. H -11' coo C:5 J;;•- (7) 10 . if- 31 F—I 8' 6 . ISSUE RECORD • b ` irT � � ir' su:•??? ? ? ? ?? Mil 5i: x° N nR N.rs. 0 REGISTRATION 9 -4 �N 8PA 22 A R T 58 EP 2 . S N.T.S. r g.A ARCHITECT c d S is2 >> 14' 1E4 9 A 9 11 b m Z 0 70 m m 0 z n D Z n T rn m Z E z n m o .1 D n N 1 m D Z n 0 1 F C 3' -6" 2 -0' liiili!i!i!i!i!i!i4!i!'!i i! 1 5 -0 11' -4' 98 9 ie 5 VI ...{ -_I C N V —I 0 � .gy r., -G DZD Cr, �_' m�m m 070> 7o T 70 * m D N Z N Z N 0 0 U � En!X OW 1 3P o gm 4 11133 T V 5 PROJECT NAME "o ■il J r2J�J . • — _ O O O O 0 0 O 0 0 o 0) 0 CO 0 00 00 W c0 c0 i •T. I i : 0 IN • —1 + O + O + r� o 0 0 0 0 0 0 0 0 0 ° 00) O 0 0 W 00 co 00 0 0 a Zv _ �Z 2_� — _ — — i t € 0 • raN • 3 I e- N • • • MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, City Planner Date: January 3, 2006 Re: Final Approval of Downtown Design Guidelines At the March 15, 2005 Council meeting, the Downtown Design Manual was presented to Council for approval. Council suggested the Chamber of Commerce review the manual. The Chamber has reviewed the manual and there were just a few minor comments (attached). The first comment about Victorian colors is being researched. The HPC is looking for books on the `Victorian' palette and the books will be available in the Planning Department. The second comment about building heights and proportion is currently being considered by the Planning Commission. Action: Approval of the Downtown Design Manual „,t?cds 011:>.-.1ilfailk* • To the Stillwater Heritage Preservation Commission, Roger Tomten, Tomten Environmental Design, And Stillwater Community Development Department, • 11 -17 -05 Thank you for contacting the Historic District Committee about your project. I've read your Design Manual for the Commercial Historic District of Stillwater, and have spoken to others on the Committee, and generally approve of the plan with the following exceptions: 1) Page 32 — Color, Guidelines, "Choose subdued colors and dark tones in keeping with the Victorian tradition.” The Victorians were known to use bright, numerous and contrasting colors. I'd like to see "more color" allowed, to be Tess drab, to distinguish one business from the next, and to be more historically accurate. 2) Pages 10 and 11— Proportion and Height of new buildings. I'd like the plan to require that the closer new buildings are to the river, the shorter they be. I'd like no buildings over two stories (above ground) to be built within two blocks of the river. This should help retain the character and value of the scenic river valley. Taller buildings between the river and Main Street will diminish the value of the existing properties, as they destroy the view toward the river, and the ambience the river creates. They act as large brick walls or barriers. This is crucial not only to those who live in the Historic District, but to the value of "the view" as a draw to those whose business we seek to attract, and from whom we make our livings as business people. I hope this has been constructive. Thank you again for allowing our input. 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'd o rn o O o c s. o 2 Cw c0> a.. cd . r , VI wZ rA c Q ' *Pi C ' 0 0 d o } 0 0 O e� Q 0 O bn U on N a p � , O al 0 HE 0 to .5 U 0 C g 0 H �, 0 U U 0 g4 U �. ��, po,, 0 g ¢, 0 0 00[ -+ cd tA . 01i, [ - O� c � H Q.,0 � H • • cd 0 Ctt at O N 0 ,s1 a> 0 0 cir a) • U O a> U Y .�i U O • a> F N U 0 0 2 0 U 0 ..o U tT G7 w h � Q � • • U 0 a■ 42 it O . U N y H 0 N ti Cd U • O 0 - d O 0 s7 ea) • .t7 0 O cn 0 PI cn 0 0 O U • col O o • eo O 0 0 I.e O CD CD z c r • • TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works DATE: December 28, 2005 SUBJECT: Proposed Survey Equipment for Location of Sewer Services DISCUSSION MEMORANDUM At the previous City Council meeting, City staff presented to City Council the recent ruling that will require cities in Minnesota to locate all newly installed sewer services up to the edge of private property. There are a number of possible technology solutions. Staff has completed an investigation of the various systems available. • City staff has found that other cities are going to global position systems (GPS) not only for service locations but also for survey work and field construction staking. GPS has made great technology advances in recent years. City staff has reviewed the various technology options to use GPS and there is a new technology available that allows survey quality data including measurements to the thousandths of a foot. This can be achieved without purchasing survey level equipment at survey equipment prices. City staff reviewed an equipment package as shown on the attached product proposal that allows for global positioning with a high level of accuracy as well as the necessary software, training, setup and installation. All of these can be achieved to an accuracy level equivalent to that used on city survey work and construction staking with the advantage it can be done with only one staff person. Currently construction staking and survey work requires two staff. With a GPS system, large amounts of survey work could be completed very quickly and efficiently using only one staff person. For about $26,000 the City can obtain a one person GPS system. Such a system can be used for location of sewer services as required by State statue as well as provide great labor saving opportunities in the Engineering Department. A one person survey crew and GPS system would be faster than a two person crew using current equipment. Also the Engineering Department is on the verge of needing to acquire additional survey hardware in order to keep up with the technology using our old system. The current data collector used with our survey equipment is almost obsolete and to replace such a data collector would cost about $5,000. The equipment we are currently considering could replace the data collector and serve that purpose when we use the standard survey equipment for certain construction staking activities. The City did not budget $26,000 for survey equipment. In 2005, we did have about $4,000 unspent for miscellaneous equipment. Staff believes that the proposed expenditure could more than be make up for increased productivity just in the course of one year if this equipment is purchased and used for various construction staking and survey activities performed by the Engineering Department. Also it would make the mandate easier to fulfill while providing labor savings in other areas of department. The cost of purchasing this equipment could be recaptured via various methods. We could use the excess revenues collected in the Engineering Department for 2005, we could setup a surcharge on sewer permits or collect a lot fee on new developments (say $50). RECOMMENDATION Staff recommends that Council approves the purchase of the Frontier hardware package off' the State bid contract as presented on the attached documents. ACTION REOUIRED Council should pass a motion adopting a resolution AUTHORIZING PURCHASE OF GLOBAL POSITIONING EQUIPMENT FOR THE ENGINEERING DEPARTMENT. • • • • 0 0 N CO PLI T rift n V N 6 0 V A S Q '5 Q 0 ® m CO 0 0 c W I 0 0 kO X / Z OzS9bS90ZE 0 88$8g82 W Of m U00N' b NT bN NmoM T wtool» oo1�o o p 01 o �f, N '4) 1'1 I 0 N N l a kg 46 a ; ui e3 a 0 XI E 1 w o pp >i�} �q7 8 �'' r ON4ti 4- 1) .-,- o 3 RNPVo to 7 t r N a CO fn 40 0) 4 O) to z 07 m o o� CD 0 - C 4h CO m L m c c a 0. N1 o c C.) in C 4 a Q c to x `0 3 0 V .- W 1.1 cd a O 0 X c c e I m 0 in v o c rn o a) a ` mom o U b ? .. T c v ;;;;Pi: z . N m 2 o ,s 0°NQ c N ° =a � 0' a p ,l� C C yj �0 'C o f� tt Wa m a m o �NN d £ 24 7 g j mz st F 'c u , - act O fX T�Ug?FW -Fmuo o 0.0 .s M 'E a 6Z" N1 .0b .c aa mm � 4o p k 0 p =0 $ T E a o= m m'� 1-E ^ 0. m0) )- I - ± 1-I- zcoco20) -IL: z 0 0 0) c 0 0 tD gW •oui 'uotstoaJd .JeT4L10.1d WE22: T T SOOZ 62 oaG BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the purchase of the Global Positioning equipment used for construction staking, survey activities by the Engineering Department is hereby approved. Adopted by the City Council of Stillwater this 3rd day of January 2006. Attest: Diane F. Ward, City Clerk AUTHORIZING PURCHASE OF GLOBAL POSITIONING EQUIPMENT FOR THE ENGINEERING DEPARTMENT Jay L Kimble, Mayor • • • • • • TO: Mayor and City Council FROM: Shawn Sanders, Assistant City Engineer DATE: December 28, 2005 i RE: 2 and Nelson Street Storm Sewer DISCUSSION: Bonestroo has completed the report for the analysis of the storm sewer at Second and Nelson Street.(See attched report). They were asked to analyze the storm sewer at this intersection because of surcharge in the storm sewer system is causing pavement damage at this location and at Second and Nelson Alley. Different alternatives were looked at to improve conditions at the 2nd and Nelson Street intersection and they included; providing detention and storage by increasing the size of the manholes at the intersection, and increasing the size of the storm sewer pipe in Nelson Street. In the alternatives listed by Bonestroo where increasing the manhole capacity is proposed, stormwater surcharge out of the manhole is not eliminated during the 100 year storm event. The alternative where the pipe size is increased on Nelson Street, there is no storm water surcharge out of the manhole. This alternative provides the most benefit but comes with an estimated price of $120,000 which includes replacing the pipe in Nelson Street from a 24" pipe to a 36" pipe, and reconstructing Second Street and Nelson Alley. The project could be funded through the Storm Water Utility Fund or possibly as an improvement project. In recent years the City has assessed areas to pay for storm water projects, including the Fourth Street Ravine Project, and Long Lake Water Quality Project. These projects assessed properties based on contributing areas in the drainage district at a rate of $0.045 per square foot. For this project approximately $160,000.00 would be generated through an area assessment. RECOMMENDATION: MEMORANDUM It is recommended that Council accept the report prepared by Bonestroo, and select the alternative where the existing pipe is replaced with a larger pipe to correct the surcharge condition at 2 "d and Nelson Street. Council should provide direction to staff on how to fund the project by either the storm water utility fund or have the project be assessed through an area assessment. Bonestroo Rosene Anderlik & Associates Engineers & Architects December 15, 2005 Shawn Sanders City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Second and Nelson Streets Hydraulic Analysis Technical Memorandum File No.: 510 -05 -419 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David O. Loskota, P.E. • Mark A. Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • David A. Bonestroo, M.B.A. • Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, P.E. • James R. Maland, P.E. • Miles B. Jensen, P.E. • L. Phillip Gravel III, P.E. • Daniel J. Edgerton, P.E. • Ismael Martinez, P.E. • Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com Background (see Fieure 2 for details) During periods of intense rainfall, city staff has observed significant surcharging in the pipe that runs down Second Street and turns east on Nelson Street to the River. It is also evident during these times of significant surcharge that pavement damage is occurring on Second Street, between Nelson Street and Nelson Alley, and on Nelson Alley east of Second Street. Visual evidence suggests that pressurization of the roadway subgrade is causing the damage. It would appear that the damage to pavement is directly linked to the pressurization of the pipe. The purpose of this project is to: • Determine the extent of pipe pressurization in the vicinity of Second and Nelson Streets • Propose alternatives for reducing this pipe pressurization Methods and Assumptions Hydrologic and hydraulic modeling for the storm sewer system tributary to the Second and Nelson intersection and continuing to the river was first assembled. The XP -SWMM software was selected for this project due to its ability to model NRCS hydrology and detailed pipe systems, including individual pipe segments, manholes, and detention basins /structures. City staff provided as -built storm sewer plans and drainage area delineations. The extent of the model includes storm sewer upstream of Second and Nelson intersection as far south as Willard Street and as far west S 5th St. The model included 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651 - 636 -1311 increased detail near the intersection of Second and Nelson, including Teddy Bear Park and the northwest parking lot. All storm sewer, surface storage, and overland flows have been accounted for in the model. Following the creation of the XP -SWMM model, storm sewer was visually inspected on November 10th, 2005 with the assistance of Stillwater City Staff. Detailed field notes have been attached at the end of this report for reference. Following inspection of the storm sewer and the area surrounding the Second and Nelson intersection, the XP- SWMM model was revised to include field observations that would affect modeling results. The subsequent model is representative of existing conditions, and has been taken as the baseline for comparison of alternatives. Alternative improvements were then formulated. Each alternative was modeled and compared to the existing conditions model to quantify benefit. Planning level costs have also been formulated as a portion of this project. Benefit -cost ratios have subsequently been developed to aid the City with selecting a preferred alternative. In preparation of the model, we have utilized the NRCS Curve Number Methodology to quantify the generation of stormwater runoff. Under that methodology, we have assumed Type B soils for the area and a Type II, 24 -hour rainfall distribution. A standard 100 -year, 24 -hour storm event of 6 inches was simulated. This event was selected based on city staff observations of system surcharging in early October, 2005. Weather data from Stillwater verifies that this observed storm event was most near a 100 -yr event. Pertaining to hydraulics; we have assumed a Manning's roughness coefficient (n) of 0.013 for RCP, typical entrance and exit losses at junctions /manholes of 0.5 and 1.0, respectively, with specific losses varying based upon pipe alignments at manholes and field observations as to the condition of pipes and manholes. Catchbasin grates were assumed to have approximately one square foot of open area (per the Neenah catalog). Stormwater modeled to exit the system located upstream of the Second Street and Pine Street intersection was assumed to not reenter the system. Flows exiting the system at the Second and Pine intersection were assumed to flow overland to the Broadway and Nelson intersection (essentially bypassing the Second and Nelson intersection). The Second and Nelson intersection also was assumed to flow overland to the Broadway and Nelson intersection, and ultimately to the river. In formulating the alternatives, we generally concentrated on small, cost effective altematives, rather than Large scale pipe replacement projects. This emphasis is based on existing city budget constraints. 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651 - 636 -1311 Discussion of Options • Alternative 1: Provide detention at MH #1 and increase conveyance capacity between MHs #1 and #3. The goal of this alternative is to prevent overland flow and route overland flow, when it does occur, down Nelson Street rather than Second Street and Nelson Alley. This is viewed as beneficial due to the "straight shot" from the intersection to the river via Nelson Street, and the desire to avoid the failed pavement area on Second Street and the failed pavement and basement flooding areas along Nelson Alley. • Alternative 2: Provide detention at MH #1 using a large precast or custom cast -in -place structure. This alternative involves replacing MH #1 with as large a structure as possible without interfering with existing surrounding utilities. The larger structure would provide increased storage, thereby reducing the frequency of surcharged conditions. Replacement of the existing structure would also provide an opportunity to ensure that the replacement structure was better suited to withstand surcharged conditions. Each separate structure section, and the top and bottom slabs would likely be tied together to prevent separation during surcharging. • Alternative 3: Provide detention and increase grate capacity at MH #1. Detention is provided in this alternative for the same reasons as listed in the previous alternatives. The inlet grate capacity is increased to allow for the release of stormwater to the surface during high flows. This may help to release pressure from the system and minimize the potential for stormwater to enter the street subgrade. • Alternative 4: Increase conveyance capacity from the Second Street and Nelson Street intersection to the river as necessary. The goal of this alternative is the same as in the previous alternatives; to reduce surcharging at the intersection. The approach is slightly different in that rather than reducing the overall system surcharging, the surcharging would essentially be transferred downstream until a point was reached where surcharging and overland flow would be more acceptable. This alternative is not mutually exclusive to the previous alternatives. If the City chose to do so, this alternative could be utilized in combination with one of the previous alternatives. • Alternative 5: Provide a draintile system under Second Street and Nelson Alley. As discussed with City Staff, the failed pavement along Second Street and Nelson alley is likely caused via subsurface flows and the associated piping and downstream transport of water through the roads' subgrade. 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651 - 636 -1311 • • • Also discussed with City Staff was the constant groundwater seepage observed in the area (see attached field notes) and chronic groundwater problems generally encountered throughout the City. While it is likely . that water escapes from MH #1 to the road subgrade during surcharged conditions, there is no way of being certain of that without monitoring. It is possible that the failed pavement in the area is purely a function of groundwater seepage. More likely is the possibility that water enters the road subgrade via both routes, from the storm sewer and groundwater seepage. Similar to the Alternative 4, Alternative 5 is not mutually exclusive to the others, and could be implemented in combination with Alternatives 1 through 4. We think this alternative is beneficial and feasible for two main reasons: the first being that even if the storm sewer is repaired to eliminate all infiltration to the road subgrade, groundwater seepage could still be an influence, and secondly, the roads are likely scheduled for repair in the near future given their condition, the addition of a draintile system would be a minor additional cost in comparison to the road improvements and could be funded in coordination with the road repairs. Modeling Results Under existing conditions, the model produced results similar to field observations by City Staff. We discussed the observation of a "geyser" from MH #1, several feet high at times. Similarly, the model shows surcharging at MH #1 of -3.5' and an outflow of -2.5 cfs during a 100 -yr storm. The City also noted that high flows are observed from the riprapped overflow of the northwest parking lot. The model shows a reverse flow from MH #1 through the northwest parking lot storm sewer system of -6 cfs. That flow and direct runoff from the parking lot combine to total -18 cfs from the parking lot via the riprapped spillway. The existing conditions model also shows overland flow, primarily beginning at the intersection of Second and Pine and progressing north along Second. The overland flow gradually increases as it continues down Nelson Street to Nelson Alley and Olive Street. The overland flow ultimately reaches the river via Broadway and Nelson Streets. The modeled depth of street flow varies on Broadway and Nelson between -0.5' and -0.25' during a 100 -yr storm. Depth of overland flow generally varies depending on the street grade. For purposes of quantifying improvements, several outputs from the modeled alternatives are compared to the existing conditions model. The primary output for comparison are the modeled water levels (including surcharge) in the three labeled manholes (see Figure 2) and a fourth manhole located immediately downstream at the intersection between Broadway and Nelson. Outflow from MH #1 and the size of storm required to produce outflow from MH #1 are also compared. The model results are summarized in the tables below. 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651- 636 -1311 Manhole ID 1 2 3 4 Ground Elevation 729.25 726.88 726.20 690.32 Existing 733.0 732.0 721.6 691.0 100 -yr HWL for Each Alternative 2 733.0 732.0 721.6 691.0 a) Manhole 4 is located in the intersection of Broadway and Nelson. b) The listed 100 -yr HWLs include surcharge. c) MH #1 is proposed to be replaced with a 7' deep, 10'x10' structure. d) The Alt. 2 structure is proposed and the open grate area is proposed to be increase from 1 SF to 5 SF. e) Approximately 350' of 24" RCP along Nelson Street is proposed to be replaced with 36" RCP. Storm Size Outflow from Necessary to Alternative MH #1 Produce (cfs) Outflow from MH# 1 Existing 2.4 2 2.4 l 3 6.1 4 0- 3 732.1 731.2 721.5 691.0 4 727.5 726.2 721.1 69t0 Cost Estimates and Recommended Ovtions The following table summarizes the cost estimates for Alternatives 2, 3, and 4. Detailed cost estimates have been attached at the end of this report. Alternative 1 has been determined to be infeasible (additional explanation below). Alternative 5 would be included in future road improvements and therefore costs have not been estimated for that alternative at this time. For purposes of calculating the cost - benefit ratio included in the following table, the benefit of the listed alternatives has simply been taken as the reduction of the 100 -yr HWL at MH #1 in comparison to existing conditions. The benefit provided by Alternatives 2, 3, and 4 are therefore taken at 0', 0.9', and 5.5', respectively. Those benefits were then divided into each respective alternative's total cost, resulting in the listed cost - benefit ratio. The units of the cost - benefit ratio would be cost per foot of water level decrease at MH #1. 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651- 636 -1311 • • • • • • Alternative Total Cost Cost - Benefit 2 $38,200 N /A 3 $41,800 $46,400 4 $90,400 $16,400 a) Total costs include 20% for contingencies. b) Benefit is taken as the reduction in the 100 -yr HWL at MH #1 c) This alternative was determined to have negligible benefit. A short discussion regarding feasibility and benefit is provided for each alternative below. Recommendations follow at the end of this section. • Alternative 1: Provide detention at MH #1 and increase conveyance capacity between MHs #1 and #3. This alternative has been determined to be infeasible after discussing this alternative with City Staff who pointed out that the parking structure located off Nelson Street is lower than Nelson Street. The garage currently receives overland runoff during storm events and would also receive any increase in overland runoff as a result of implementing this alternative. • Alternative 2: Provide detention at MH #1 using a precast structure. Benefits provided by this alternative are shown to be negligible via the modeling. This alternative has therefore been removed as a feasible option. • Alternative 3: Provide detention and increase grate capacity at MH #1. Modeling showed some benefit to this alternative. This alternative would be effective in reducing the surcharging at the Second and Nelson intersection, though may cause additional downstream problems. The rate of stormwater release to the surface from MH #1 increases from -2.5 cfs to -6 cfs under this alternative. The additional flow would be conveyed overland via Nelson Street, Nelson Alley, and Olive Street. Current problems along those streets due to overland flow could be exacerbated, though it would likely be negligible. • Alternative 4: Increase conveyance capacity from the Second Street and Nelson Street intersection to the river as necessary. Modeling shows this alternative as the most beneficial. Cost and disturbance area are also the greatest with this option. Though, comparison of the cost - benefit ratios shows that the benefit provided by this alternative easily offsets the additional cost in comparison with the other alternatives. This alternative is also beneficial in that it accomplishes the goal of reducing surcharging at the Second and Nelson I Doe 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 intersection while resulting in negligible downstream impacts (per the modeling results). • Alternative 5: Provide a draintile system under Second Street and Nelson Alley. Given the uncertainty of how the pavement failures located along Second Street and Nelson Alley have occurred, we feel that the additional of a draintile system under those streets at the time they are improved would provide a good safety net to prevent future pavement failures. Cost of a draintile system and possibly an increased subgrade thickness would likely be offset by the reduction in future maintenance of the streets. Recommendations: Provided the City has budget to do so, Alternative 4 provides the most benefit and is recommended to reduce surcharging at the Second and Nelson Street intersection. MH #1 should be replaced with a concrete structure of equivalent diameter or slightly larger. All sections of the manhole and the top and bottom slabs should be tied together to prevent separation during surcharged conditions and subsequent damage to the surrounding pavement. All 24" diameter pipe located between MH #2 and the Broadway and Nelson intersection should be replaced with 36" diameter pipe. A less expensive alternative would be to construct Alternative 3. MH #1 should be replaced with a structure of sufficient size to provide the desired increase in grate capacity. For purposes of this study, we have estimated an increase in grate open area from 1 SF to 5 SF. We could work with the City to design a structure and grate design that would adequately address the surcharging while operating within the City's budget. Alternative 5 is independent of the selection of an alternative to reduce surcharging at the Second and Nelson intersection, and is recommended to coincide with Second Street and Nelson Alley improvements. 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651 - 636 -1311 • • • • • • Field Notes 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651- 636 -1311 Access to system was gained through MH #2 (see Figure 2 for structure locations). This was a pre -cast structure and was in good condition. The 12" RCP draining south from Teddy Bear Park was also in good condition but was plugged with construction debris. MH #1 was a brick and mortar structure that had recently appeared to have been rehabilitated. There were large gaps and deformation in the rings just below grade in this structure. Debris (leaves and garbage) was also lodged between the rings indicating separation due to pressurization in large events followed by settling. Joint separation and sedimentation was also noted in the 36" RCP draining east from MH #1 to MH #2 and upstream of MH #1 along Second St. signaling pressurization. Pictures from the storm sewer inspection have been attached. Sunken pavement was also observed along the east side of Second St., north of the intersection of Second and Nelson, and along Nelson Alley east towards the river. Additionally, raised pavement and drainage structures were noted along the north side of Nelson Alley. The owner of the building located in that area has also reported basement flooding to the City on occasion. Presumably, sediment washed from the subgrade along Second St. is accumulating along the north side of Nelson Alley, in the approximate location of the flooded basement. Pictures of the Second and Nelson intersection and surrounding area have been attached. City Staff noted that "geysers" had been observed from MH #1 during large rainfall events due to surcharge in the storm sewer system. The surcharging has been observed up to twenty years previous by one of the staff members. Through the years, surcharging of MH #1 has resulted m the top slab of that limestone block structure to lift, resulting in damage to the structure and surrounding pavement. The manhole grates in the area have also been observed to "blow off". Fro these reasons, manholes have been repaired and grates have been bolted down as necessary to prevent future damage. The parking lot to the northwest has a storm sewer system that drains to the City system, connecting at MH #1. The parking lot storm sewer also becomes overwhelmed during large storm events. City Staff created a curb cut in the northeast corner of the parking lot and riprapped the downstream slope to allow for overland routing of high flows to Second Street and subsequently Nelson Alley. Groundwater was also observed to be seeping from the slopes located at the northwest corner of the parking lot. City Staff commented that groundwater steadily seeps from that slope to the parking lot storm sewer system year- round. 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651 - 636 -1311 • • • • • • Pictures 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 db£l-9£9-M :xed • 009P'-9£9-659 ■ £66SS NW `Ined IS • 9£ AemYBIH 160M S££Z •aigisin osie st i# HN 30 �tuiain tueaz}suMop attj ui not;e4iiigegat juautaned snotnaid •punoi2aio3 jqj u aqj ut aigistn mOu st U HW 'uoslaN pue P-z 3o uot}aasza;ut au};o;satA utot3 49a11s uosiaN 3o m@[A :Z# OJOW -puoXaq XllgSils Z# HW ql!m puno 2a.io; au; ut aigisin st aloquew kie}rues y -gdei2o}ogd aqj 3o;ieq jg2iz aqj uo uaas aq uea xzed zeag ,ippaZ •uosiaN pue P Z 3o uopPasza;ut a4l 30 ;saran uto t3 laaiis uostaN 3o eAaiA : i# 01Otld t6£d-9£9-b99 :xed • 009P'-9£9-659 • M99 NW `Ined '7S • 9£ AumgBiH;seM S££Z 4aa14S PUZ;o apis;sea au} �?uole u014euilopp;uaWaAed 3o MatA do asolJ :f# OJOW •o;oud silP urol;;uazedde osle st 10a11S P Z x9mle apvA iuu:)!jp !s aLLL •puno.2azo; au4 ut algistA St pazAS PuZ 3o apis }sea au4 2uole u014e1Uzo;ap 4uaWaned -hails P Z 2uole g4nos 2unlool g}jou 314; uiozJ Ma'A :£# e40qd Photo #5: View from inside MH #1. Large gaps and deformation are visible near the concrete rings. Photo #6: Close-up view of the concrete rings within MH #1. Debris between the rings is visible signaling significant pressurization of the structure during large storm events and subsequent settling. 2335 West Highway 36 - St. Paul, MN 55113 - 651-636-4600 - Fax: 651-636-1311 46£6-9£9-M :xed • 009P-9£9-M • £6tSS NW `Med '/S • 9£ AemgB'H /SaM S££Z •olotjd stu; ui ajgrsln osjp st ssoj -ILWOW •L# HW 3o uoilzod iu4jotu pup Aatzg aamoj agjjo maiA do-asoj' :L# oloqd Cost Estimates 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 • • • • EXISTING CONDITIONS CITY OF STILLWATER PLATE NO. 2 SECOND AND NELSON HYDRAULIC STUDY 2ND_NELSON DATE: 12 -15 -05 Bonestroo Rosen VI Anderllk & Associates Eng/nse s & Architects NORTHWEST PARKING T AREA MAP +XL 0 1 0 2 0 0 i PARK k_s \ \ + OBSC. 1 \ ,,... r ........, ; ---- ....; . ,,:\ au. ; u., : ---- \ \- .1 - . 7: - .?,-- ----- LO OBSC. nq, CITY OF STILLWATER PLATE NO. 1 SECOND AND NELSON HYDRAULIC STUDY 2ND_NELSON DATE: 12-15-05 lil C\ / / C / LO ; e OBSC. • --- ,..-- ,----. JA Bonestroo Rosene w-ImAnderilk & • VIAssodates Engineers & Architects • Scale in feet INTERSECTION UTILITIES CITY OF STILLWATER SECOND AND NL_i__SON HYDRAULIC TO P LI 0 3 LI Bonestroo Rosene wimAnderlIk & UlAssociates Engineers & Architects 1 Stillwater Second and Nelson Streets Hydraulic Improvement Alternative Cost Estimates 2) Provide detention at MH #1 Item 10'x10' Precast Concrete Structure Street Restoration I I I Total Contingencies - 20% Grand Total 3) Provide detention and increase grate capacity at MH #1 Unit Unit Cost Quantity EA $30,000 1.00 SY $35 50 Item Unit Unit Cost Quantity 10'x10' Precast Concrete Structure EA $30,000 1.00 Additional Grates or Custom Fab. Grate LS $3,000 1.00 Street Restoration SY $35 50 0 1 0 0 Total $34,800 Contingencies - 20% $7,000 Grand Total $41,800 4) Increase conveyance capacity from the Second Street and Nelson Street intersection to the river as necessary Item Unit Unit Cost Quantity Cost 36" RCP LF $150 350.00 52500 Street Restoration SY $35 650 22750 0 0 1 I 0 I 1 0 1 I 0 Total $75,300 Contingencies - 20% 51`). $15,100 Grand Total $90,400 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 Cost 30000 1750 0 0 0 0 0 0 $31,800 $6,400 $38,200 Cost 30000 3000 1750 0 0 • • so • • Figures 2335 West Highway 36 • St. Paul, MN 55113 • 651 - 636 -4600 • Fax: 651 - 636 -1311 NORTHWEST PARKING T AREA MAP TEDDY_ BEAR PARK OBSC. D SO OBSC. -CITY OF STILLWATER PLATE NO. 1 SECOND AND NELSON HYDRAULIC STUDY 2ND_NELSON DATE: 12-15-05 0 LO flrr • OBSC OBSC. Bonestroo Rosene Anderllk & IA Associates Engineers & Architects EXISTING CONDITIONS CITY OF STILLWATER SECOND AND NELSON HYDRAULIC STUDY 2ND_NELSON DATE: 1 2- 15-05 APPRO PAVEME FAILUR LOCATIO PLATE NO. 2 Bonestroo Rosene AnderlIk & IA Associates Engineers & Architects . • Scale in feet 10 11* INTERSECTION UTILITIES CITY OF STILLWATER PLATE NO. 3 SECOND AND NELSON HYDRAULIC STUDY J/J Bonestroo Rose win Andeii� Ik Assodates mown, a Ard►iL t • Memo • DATE: January 3, 2006 TO: Klayton Eckles \! Public Works Directo FROM: Sharon Harrison Finance Director RE: Fund of 2nd and Nelson Washout The question has been raised as to whether the Storm Water fund has enough funds to fund the $120,000 2nd and Nelson Streets washout project. Currently the fund has roughly $600,000 in • fund balance. $200,000 (as stated in the feasibility report) for the North Hill Project and $50,000 for the 2005 Street Project (per your estimated of storm water utility costs associated with the project) is slated to be transferred to the permanent improvement fund for those projects. The CIP, for 2006 through 2010, has funding coming from the Storm Sewer Fund for $100,000 for each year for street improvement projects. Revenues over expenditures for the fund (excluding the transfers) typically run around $70,000. As costs rise, such as personnel costs, professional service costs for the Storm Water Management and the MS4 permit implementation & maintenance, this number will decrease every year. For 2005, it is estimated that revenues over expenditures will be approximately $30,000 (excluding transfers). In summary, funding the 2 and Nelson Streets Washout Project from the Storm Sewer Fund would deplete the fund roughly around 2008 (including all transfer obligations). Not using the Storm Sewer fund for the funding of 2 and Nelson Streets Washout Project would mean that the fund would not be depleted until roughly 2010 (including all transfer obligations). Ila" y`f • • • Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/12/2005 Subject: Election of Vice Mayor DISCUSSION: As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt Resolution No. 2006- , DESIGNATING COUNCIL VICE -MAYOR FOR 2006. • Memorandum • • To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/29/2005 Re: Designation of Legal Publications for 2006 The City has received the attached proposals from The Stillwater Gazette, The Courier, and Press Publications to provide legal publication services to the City. Press Publications' proposal is considerably higher than the Gazette and Courier. The Gazette has not raised their rates from last year ($4.05 per column inch for the first insertion and $3.20 per inch for subsequent insertions of the same legal notice) and The Courier rate is $3.80 per inch. For over 10+ years, the legal publications have been shared between the Gazette and the Courier. The Gazette has published the legal notices and the Courier has published the proceedings of the meetings as required by the City Charter. Both newspapers have provided timely and required services in the past. However, because the Gazette is a daily paper the requirements for legal publications are easily met. The Courier on the other hand is a weekly paper and the requirement for legal publications would be more difficult to achieve. RECOMMENDATION: I recommend that we continue to use the Gazette and Courier for legal publications. The Courier for the City's meeting proceedings and the Stillwater Gazette for other legal publications /notices. Even though the Gazette's quotation is higher than The Courier's, the Stillwater Gazette as a daily paper would better serve the City for other legal notices. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution 2006- , approving agreements for 2006 legal newspapers. December 21, 2005 Diane Ward City of Stillwater 216 4 Street North Stillwater, MN 55082 Dear Diane, 1931 Curve Crest Blvd • Stillwater. MN 55082 www.stillwatergazette.com I appreciate the City of Stillwater's request for a quote for its legal notices in 2006. I do request consideration that the Stillwater Gazette be named the city's legal newspaper for the year 2006. The Gazette continues to offer the highest number of paid circulation newspapers distributed within the city. In addition, the Gazette's five- days -a -week publication schedule gives the city government many options for presenting its legal advertising to the public in a timely manner. The legal rate for 2006 remains the same - $4.05 per column inch for the first insertion and $3.20 per column inch for subsequent insertions of the same ad. I look forward to the Gazette's continuing to serve the city and its citizens in this capacity. Should you have any questions, or if you are in need of additional information, please let me know. Thank you. Sincerely, hitu91-ekm:9-1 Stacie L. Cormier Advertising Director Stillwater Gazette 952 -442 -6807 4 • .S tillwater Courier 1 815 Northwestern Avenue Stillwater, MN 55082 p: 651- 439 -4366 f: 651- 439 -4668 • December 16, 2005 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Stillwater Mayor and City Council, We would like to take this opportunity to thank the City of Stillwater for designating the Stillwater Courier as the legal and offical publication for the past year. Once again, we look forward to partnering with you to bring residents of the Stillwater area legal notices in the years to come. The following is the Stillwater Courier's 2006 rate for publication of legal notices, effective with the January 5, 2006 edition: $3.80 per column inch All legal notices will be posted on -line at www.stillwatercourier.com. Deadlines for legals will be 12 p.m. the Friday prior to publication. We encourage the submission of legal notices via e-mail. Please send your legal notices to legals @stillwatercourier.com. Include an insertion order with your notice containing the dates of requested publication, the name of the paper you wish to publish in, and a contact name and number, in case of questions. Thank you for your consideration. If you have any further questions, please call (651) 439 -4366. Sincerely, Fl/(11^- 2471C-- Koryn Warner Legal Coordinator Press Publications Eugene D. Johnson, Publisher 4779 Bloom Ave., White Bear Lake, Mn 55110 • 651 - 407 -1200 • Fax: 651- 429 -1242 December 1, 2005 Diane Ward, City Clerk City of Stillwater 216 North 4 Street Stillwater, MN 55082 Dear Ms. Ward: The St. Croix Valley wishes to be considered as your designated newspaper for 2006. We meet all the requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal of legal notices by mail, fax at (651) 429 -1242, or e-mail to leaals@sherbtel.net - clearly identify them as "Legal Notices." The rate is $6.20 per column inch, in 7 -point type at 9 -lines per inch. Our deadline for legal notices is Friday by 5 PM for the following Thursday's publication. We look forward to the opportunity to serve you. We welcome any questions or concerns you may have. Sincerely, 1 ,101;` " Lisa Graber Legal Notice Coordinator miscl :stwlg06.doc Your Best Source For Community Information White Bear Press • Vadnais Heights Press • St. Croix Valley Press • Quad Community Press • Shoreview Press • Forest Lake Press ppnews@sherbtel.net ppcomp @sherbtel.net ppadvertising @sherbtel.net ppcirc @sherbtel.net • • • • • • APPROVING AGREEMENTS FOR 2006 LEGAL NEWSPAPERS BE IT RESOLVED by the City Council of Stillwater, MN that the Agreements between the City of Stillwater and The Stillwater Evening Gazette and Stillwater Courier News designating same as the City's official newspapers, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 3 day of January, 2006. ATTEST: Diane F. Ward, City Clerk Jay L. Kimble, Mayor AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2006 THIS AGREEMENT, made and entered into this 3rd day of January 2006 by and between THE STILLWATER EVENING GAZETTE, hereinafter called the "Contractor ", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City" WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Evening Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2006, the Contractor will publish all legal notices, excluding proceedings of the City Council in The Stillwater Evening Gazette. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2006 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First Insertion: $4.05 per Column Inch Second, and Each Subsequent Insertion: $3.20 per Column Inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER EVENING GAZETTE In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Jay L. Kimble, Mayor • • • • • AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2006 THIS AGREEMENT, made and entered into this 3rd day of January, 2006, by and between the STILLWATER COURIER NEWS, hereinafter called the "Contractor ", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the Stillwater Courier News is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2006, the Contractor will publish all official proceedings of the City Council in the Stillwater Courier News. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2006 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: $3.80 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: STILLWATER COURIER NEWS In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Jay L. Kimble, Mayor 4 • Memo • To: Mayor and City Council From: Steve Russell, Community Development Director Date: December 29, 2005 Subject: Review of Height Limits in Downtown Background. The Planning Commission began review of Downtown height limits after the Lofts Project and Building No. 5 from Terra Springs was approved. The Commission wanted to better understand how height was measured and to review existing Downtown height standards. At the December 12, 2005 Commission meeting, the attached staff report was presented. After review of the information, the Planning Commission directed a public hearing on amending the heigh limits at their meeting of January 9, 2006. The basic idea of the changes would be to step heights back from the St. Croix to the base of Second Street where the existing four stories and 50 feet would be allowed. The change would better conform new building to the existing building heights and the streetscape of the character of the Downtown Commercial Historic District and preserve some views from inland sites. Recommendation: FYI - The Commission hearing will be January 9, 2006. Attachments: CPC staff report 12 -7 -05. Memorandum To: Planning Commission From: Steve Russell, Community Development Director Date: December 7, 2005 Subject: Downtown Height Regulations Last Spring after considering the Lofts and Terra Springs Building No. 5 North Main Street projects, the Planning Commission reviewed the City's height standards. The Downtown is unique in that much of the Downtown Area east of Main Street is in the Flood Plain and new buildings must be elevated to accommodate possible flood conditions. Currently, height standards for the Central Business District are: Height of Buildings: Maximum 4 stories 50 feet Minimum 2 stories 25 feet Infill Buildings within 10% of adjacent building For vacant lots with adjacent buildings (next to) an existing building, the standard relates the new building to the height of the adjacent building to fit the new building into the character of the streetscape or site. This standard may need to be defined further to clarify its application. Based on the physical conditions of the Downtown and Central Business District, some sites can better accommodate tall buildings without adversely impacting views or the character of the site or area while other sites are more sensitive to tall buildings (next to river or Lowell Park). The attached Map No. 1 shows area sensitivity to height. The areas along the St. Croix River and Lowell Park are very sensitive. The area between the Lowell Park or old Burlington Northern Railroad right of way and Water Street is highly sensitive. The Main Street corridor from Water to Second Streets is dominated with 2 story buildings and is moderately sensitive. The'/ block area west of Second Street and east of Third Street has low sensitivity because of its location at the base of the hill and the rising land elevation to Third Street. Currently, there is one height standard for the entire Downtown area. Based on height sensitivity and to preserve historic character, it is recommended that a height overlay district be established that relates the allowed height of buildings to the site location within the Downtown. A draft proposed height overlay district is presented as Map 2 *. If the Planning Commission feels this more detailed consideration of height is appropriate and needed to safeguard the historic character of Downtown, a height overall zoning district can be prepared fro public hearing. Recommendation: Consideration of height review and direction regarding ordinance revision. Attachments: Height Maps. *For the Downtown it is recommended that height be measured from the front street level rather the average finished grade elevation. • • • 4 • ti 721i 711 703 408 Location Map 422 422 7-- ve a w e $40 0 ° 1 1 , 1Avi 1 ff 1 R22W R21W R20W Ot r:4 /, t Vicinity Map frig =e-4` 0 414 Scale in Feet This droning b the result ore completion and rbpr* JcIon of lard records es they T should ' sedto eference purposes only Weabnpton County Is not responsible tor any Insccuredes Source: Washington County Surveyor's OMce Phone I65nno4675 Parcel Iota bash on AS400Into. Nlon current through October 51. 2005 Map printed December 0. 2005 W R20W R19W T32N T31N R22W 921W 1120W 0 414 Scale in Feet TMf henIn0Is Na renal ore complleOon end reproduction Mena records et May Wpte NVedaa Washington County oMeee TM drawing YI>W be used WOMAN purposes only. Washington County Iv nor responepM for tM lMec■rodee. Soutar WnNnpan Courtly Su Or's 01M1 , Phone 185111168815 Peel dere hied an AS400 InlormAlan Mep printed g 0.0,00x r 6, 1 200t6 0 • • • Leagu or Minnesota Cities LMC Cities promoting excellence • • To: LMC Policy Committee Members From: Donyelle Mikacevich Date: December 20, 2005 Re: National League of Cities Policy Committees We would like to encourage you to consider serving on an NLC Policy Committee as a representative for Minnesota cities. As a policy committee member, you would help shape NLC's policy positions on federal issues affecting cities, and become issue experts on the frontline of NLC's advocacy efforts. Policy committees meet twice a year, once at the Congressional City Conference (March 11 -15, 2006 in Washington, DC) and again at the Congress of Cities (December 5 -9, 2006 in Reno, Nevada) to identify issues and set the agendas for their steering committees. At the end of the year at the Congress of Cities, the policy and advocacy committees approve final recommendations for consideration at the Resolutions Committee Meeting and the Annual Business Meeting. Approved policy and resolutions become the National Municipal Policy for the next year. Throughout the year, committee members participate in NLC's grassroots advocacy efforts when important issues arise. The League of Minnesota Cities (LMC) is responsible for appointing city officials (elected or appointed) to the National League of Cities (NLC) policy committees. NLC has seven policy committees and LMC is allowed five appointments to each committee. These committees have approximately 200 members each and meet twice a year as stated above. Members of the policy committees are selected by their state leagues and appointed to one -year terms by the NLC president. We are currently soliciting to fill openings on the following committees: 1. Community and Economic Development (CED) (4 openings) 2. Energy, Environment, and Natural Resources (EENR) (4 opening) 3. Finance, Administration, & Intergovernmental Relations (FAIR) (4 openings) 4. Human Development (HD) (4 openings) 5. Information Technology and Communications (ITC) (4 openings) 6. Public Safety and Crime Prevention (PSCP) (2 openings) 7. Transportation Infrastructure and Services (TIS) (3 openings) A description of each of the committees is attached for your review. If you are interested in serving on one of the above - mentioned committees, please contact me at 651 -281 -1202 or dmikacev@lmnc.or2 by January 13, 2005. Thank you! AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities 145 University Avenue West, St. Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Fax: (651) 281 -1299 • TDD: (651) 281 -1290 www.lmnc.org �yi 12/10/2005 03:48 6514394705 Chair Johnson Chair Johnson January 5 Planning Commission January 9 Park Committee January 12 Town Board Meeting January 26 Town Board Meeting February 2 Planning Commission February 9 Town Board Meeting " February 13 Dinner meeting at the Dock Cafe February 23 Town Board Meeting • find another date for the park committee Chair Untiedt Chair Untiedt Chair Countryman Stillwater Township Calendar March 2 Planning Commission March 9 Town Board Meeting March 13 Park Committee March 14 Township Annual Meeting March 23 Town Board Meeting April 6 Planning Commission April 10 Park Committee April 13 Town Board Meeting April 27 Town Board Meeting May 4 Planning Commission May 8 Park Committee May 11 Town Board Meeting May 25 Town Board Meeting Town Board Supervisors may attend any or all of the above meetings. All meetings are held in the town hall unless otherwise specified. Pat Bantli Clerk, Stillwater Township PAGE 01/01 7:00 PM 7 :00 PM 7 :00 PM 7:00 PM 7:00 PM 7:00 PM 6:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7 :00 PM 7:00 PM December 18, 2005 • December 8, 2005 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Sheila -Marie Untiedt, Linda Countryman, David Johnson and Jim Doriott. Also, Treasurer Gloria Sell, Engineer Paul Pearson and Planner Dick Thompson. 1. AGENDA - M /S /P Untiedt /Hiniker moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Untiedt /Doriott moved to approve the 11/10/05 town board meeting minutes as written. (4 ayes) 3. TREASURER - a. Report given. b. Claims were reviewed and checks #17503 through #17550 were approved for payment. c. Weed contract to be reviewed when Linda Countryman arrives. 4. ATTORNEY - a. The attorney will speak to Mr. Peterson re: moving timber from his property on Manning Avenue along a road easement at the back of his property. 5. PLANNER - Keenan Minor Subdivision a. The property owner will enter into a driveway maintenance agreement with the township. b. The . driveway is to be approved by Washington County. c. A drainage easement will be necessary. The property owner must pay subdivision fees before the township goes forward with this matter. Linda Countryman arrived. 6. BLUFFS ON ST. CROIX - Ms. Rockwood was present to voice her concerns about the location of the road coming out to Arcola Trail. If there is a change considered the developers would have to come to the board. The planner will ask the developers to come to a meeting. (Preliminary approval for this subdivision has been given by the •ounty.) Stillwater Town Board Meeting - 12/8/05 7. WEED ERADIFICATION - CURTISS HILLS TRAILS - M /S /P Doriott/Countryman moved to accept Valley Green's price of $1,090.00 for weed control of sides and walking surfaces of trails at Curtiss Hills Subdivision. (5 ayes) 8. ENGINEER - a. Arcola Trail Update - As requested by the board our engineer contacted the developer's engineer (Bluffs on St. Croix) to let him know that if the project is to be completed under a 429 process, the plan, specs, and bidding would need to be completed by the township. b. Alternate Wastewater Treatment System - Paul Pearson discussed attending a seminar about this subject for his personal edification. The board supports this venture. 9. PARK AND PLANNING MEMBERS RENEWAL - M /S /P Untiedt /Doriott moved that Matthew Beane, Michael Ranalla and Barbara Riehle be reappointed to the park committee and Richard Rainer, Carole Yoho and Lynne Murphy be reappointed to the planning commission for three year terms. (5 ayes) 10. OPEN SPACE - At the January 5 planning commission meeting there will be discussion with board members regarding the content of the open space paragraph. 11. EMERGENCY PREPAREDNESS - A phone system to all township residents was discussed as well as considering a generator for the town hall (around $7,000.00). Additionally it was suggested that a generator be rented when needed. 12. NEWSLETTER - There was a brief discussion about the application process. Interviews are to be held in the next few weeks. 13. ADJOURNMENT - Meeting adjourned at 9:45 p.m. Clerk Chairperson Approved Page Two • • • Diane Ward rom: Linda Engh [ Linda.Engh ©co.washington.mn.us] ent: Thursday, December 29, 2005 9:24 AM To: Linda Engh Subject: Washington County Board Agenda - January 3, 2006 Washington County Board of Commissioners 14949 -62nd Street North Stillwater, MN 55082 Washington County Board Agenda January 3, 2006 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. Unfinished Business 3. Motion for Board to Adjourn Sine Die 4. New Roll Call 5. County Administrator * Nominations for Temporary Chair 6 Temporary Chair * Nominations for Chair of the County Board for 2006 • 7. Chair Elect * Nominations for Vice Chair of County Board for 2006 8. Set Board Meeting Dates for 2006 9. 9:15 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 10. 9:25 - Consent Calendar 11. 9:35 - General Administration * Jim Schug, Administrator Commissioner Appointments to County, Metro, State, and National Committees, Commissions, Boards, and Task Forces 12. 9:50 - Commissioner Reports * Comments - Questions This period of time shall be used by the ommissioners to report to the full Board on committee activities, make comments on matters of terest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 1 13. Board Correspondence 14. 10:00 * Adjourn 15. 10:10 * 10:40 - Board Workshop with the Sheriff's Department Wireless Data Project Update * ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *Meeting Notices January 4 - Metro Transitways Development Board 8:30 a.m. - 125 Charles Avenue * St. Paul January 4 - Plat Commission 9:30 a.m. - Washington County Government Center January 5 - Metropolitan Mosquito Control Commission 9:00 a.m. - 2099 University Avenue West * St. Paul January 5 - Metropolitan Emergency Services Board 10:30 a.m. - 2099 University Avenue West * St. Paul January 5 - Metro Energy Task Force 1:00 p.m. - 2099 University Avenue West * St. Paul ************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Washington County Board of Commissioners Consent Calendar * January 3, 2006 Consent Calendar items are generally defined as items of routine business, not requiring discussior. and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. The following items are presented for Board approval /adoption: Administration A. Approval of resolution awarding the 2006 newspaper publishing bids and designating the county web site as the official publication for transportation projects. B. Approval of appointments /reappointments to advisory committees for 2006. C. Approval of resolutions setting minimum salaries for the County Sheriff and County Attorney for the next term. D. Approval of a Memorial Day appropriation of $100 each, upon request, in 2006 for the Stillwater Citizens' Memorial Day Association and Washington County posts and barracks. E. Approval to amend the Internal Audit Policy #2107 to include a definition of internal auditing and to provide for adherence to the standards of the Institute of Internal Auditors. 2 • Assessment, Taxpayer Services, and Elections F. Approval of a one -four day temporary on -sale 3.2 malt liquor license for the New Scandia Fire and Rescue event at the New Scandia Community Center, 14727 -209th Street North in Scandia on February 25, 2006. Human Resources G. Approval of new county Policy #5434 - Authorization to Settle Claims. `Transportation and Physical Development H. Approval of Amendment No. 5 to the road kill deer removal contract with 4 Paws Animal Control Service in Burnsville. • • I. Approval of bid award for the provision of 2006 vehicle fuel supply to the lowest responsible bidder, Kath Fuel Oil Service Company, conditioned upon execution of a contract as required by law. Linda Engh Washington County Administration Phone: 651/430-6010 E -mail: linda.engh @co.washington.mn.us 3 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Peterson presided. Assessment, Taxpayer Services and Elections Approval of Resolution No. 2005 -199 declaring the personal property left by previous owner on Parcel 31.029.21.11.0083 as abandoned property and direct staff to remove the property. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg reported on: Judicial Ditch 2 meetings in Hugo and asked that the Board send a letter to the Governor concerning Rice Lake and that it be a managed lake level; Highway 8 project bids were discussed and he asked that a letter go to Metropolitan Council asking that they combine their sewer connections with the planned construction; asked that the applicant for the Housing and Redevelopment Authority Board be scheduled for an interview as quickly as possible; Commissioner Peterson asked that a workshop be scheduled with Metropolitan Council in January; she wished everyone a happy holiday season; - Commissioner Stafford displayed pictures of snowmobile damage to an area recently planted in exotic grasses, sapling and evergreen trees by the Ramsey - Washington Metro Watershed District and the City of Woodbury to help prevent erosion to a ditch. Community Services Approval of the following actions: - Appoint Christine McVey to the Workforce Investment Board as a Rehabilitation Representative to a first term expiring June 30, 2007; - 2006 -2008 contract with Mental Health Systems, PC to provide day treatment services for individuals with a mental illness; - Amendment #1 to the Children and Families Council Interagency Agreement. County Attorney Summary of Proceedings Washington County Board of Commissioners December 20, 2005 Approval of Resolution No. 2005 -204, Findings of Fact reversing the decision of the Planning Advisory Commission to deny a Conditional Use Permit for the open space development of Victory Pass and granting a Conditional Use Permit to develop Victory Pass. County Library • • Approval of Resolution No. 2005 -207, authorizing Washington County to apply for $750,000 of State library construction grant funds. • • • Court Administration Approval of an agreement for the operation and management of the Washington County Court Self Service Center and transfer the assets and position from the Washington County Law Library Board to the State of Minnesota, Tenth Judicial District Court. Financial Services Approval of a contract for services with Springsted Incorporated, Public Finance Advisors, to advise the county in matters related to bond issuance. General Administration Approval of the following actions: - Youth Service Award presented to Board Chair Myra Peterson for her long standing support of the Youth Service Bureau; - December 13, 2005 Board meeting minutes; - Adoption of the 2006 Legislative agenda as presented; - Update given on Commissioner's trip to Washington DC to lobby against cuts to Medicare and Medicaid and how that would affect the county; - December 27 County Board Meeting canceled; - Board correspondence was received and placed on file. Public Health and Environment Approval of an agreement with Chisago County for reciprocal use of household hazardous waste facilities. Sheriff's Office Approval of the following actions: - Change order to the service agreement with Motorola, Inc.; Amendment #1 with Imageware Software to extend contract #1558 on an automatic renewal basis; - Snowmobile safety enforcement grant agreement for 2005 -2007; Resolution No. 2005 -200, criminal gang strike force agreement with State of Minnesota; - Joint Powers Agreement creating the Metro Gang Strike Force with the Minnesota Department of Public Safety. Transportation and Physical Development Approval of the following actions: - Resolution No. 2005 -201, acceptance of a grant from the St. Croix Foundation; - Resolution No. 2005 -202, bid award for installation of fire alarm system at the Historic Courthouse to Electronic Communication Systems, Inc.; - Resolution No. 2005 -203, multiple contract award of bids for the sale of buildings on county land within the Big Marine Park Reserve; - Resolution No. 2005 -205, amendment to Trunk Highway 120 turnback agreement from Interstate 494 to Woodbine Avenue; Public hearing held to consider an amendment to the Washington County Development Code relating to fairgrounds; - Resolution No. 2005 -206, amending the Washington County Development Code Chapter Two, Part 1, Section 2.2(3) Land Uses in an Agricultural District; and Chapter Two, Part 3, Section 2 Standards for Uses, Ordinance No. 172; - Executive Session held to discuss purchase agreements with the City of Forest Lake for northern service center /library and transit center /trailhead properties; - Board workshop held to discuss value engineering of the Government Center Campus improvements. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. • •