HomeMy WebLinkAbout2006-05-16 CC Packet
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'4t:~GULAR MEETING
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-10
Council Chambers, 216 North Fourth Street
May 16, 2006
7:00 P.M.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - Possible approval of May 2, 2006 regular and recessed minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
OPEN FORUM
The Open Forum is a portion of the Councr! meeting to address Council on subjects which are not apart of
the meeting agenda. The Council may take action or reply at the time of the statement or may give direction
to staff regarding investigation of the concerns expressed.
STAFF REPORTS
1. Police Chief
2. I=ire Chief
3. City Clerk
4. Director of Admin
5. Community Dev. Director
6. City EngineerlPWn
Update on Forest HiUs neighborhood
meeting on street lights ('06 street project)
7. City Attorney
8. Finance Director
9. City Administrator
CONSENT AGENDA*
1. Resolution 2006-98, directing payment of bills
2. Resolution 2006-99, designating polling places
.., ". ~. Possible approval of Special Event - Woodbury Days Bike Ride - August 26, 2006
, 4. Possible approval of waiver of garbage collection . charges
5. Resolution 2006-100, a~epting work and ordering final payment for North Hill Phase 2 Project
6. Resolution 2006-101, accepting work and ordering final payment for North Hill Phase 3 Project
7. Resolution 2006-102, approval of Letter of Understanding with Brown's CreekWat$f'Shed Districtfor
storm water facility maintenance
8. Possible approval of Sale of Fireworks at Target.
9. Possible approval of Special Event - Stillwater Farmer's Market June 1f1h -' October 2t1", 2t)06
10. Resolution.2006- 103, approval of contract with Stillwater Farmer's Market
11. Resolution 2006-104, Approving Minnesota Premises Permit for Gambling for StillwaJer Elks
#179, located at Mad Capper, 224 South Main Street, Stillwater, MN
PUBLIC HEARINGS
1. Case No. ANN/06-02. This is the date and time for the publiC hearing to consider arequ~$t from Scott
Junker for an annexation petition for a 2.3 acre parcel of property located at 12764 BoutweN. Road in
the AP, Agricultural preservation District, into the City of Stillwater. Notices weremaifedto affected
property owners and publiShed in the Stillwater Gazette on May 5,2006. (Resolution)
2. Case No. ZAM/06-01.This is the date and time for the public hearing to consider atequest frOm US
Homes for a Zoning. Map amendment changing the zoning designation from Agricultural Preservation.
AP, to TH, Townhouse on 25.3 acres of land, Millbrook Development (Palmer Properly), located south
of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Aven~. Notices were
mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006.
3.1 Case No. ZAMJ06-02.This is the date and time to consider a request from US Homes for a Zoning Map
amendment changing the zoning designation from Agricultural Preservation, ARy ,to CR, CQttage
....." Residential on 6R9_acres of land, Millbrook Development (Palmer Property), located south Of TH 96,
west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to
affected . property owners and published in the Stillwater Gazette on May 5, 2006.
4. Case No. ZAMl06"()3~This is the date and time. for the public hearing to consider a request from US
Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation,
AP, to TR, Traditional Residential on 72.7 acres of land, Millbrook Development (Palmer Property),
located southofTH 96, west of Neal Avenue, north Brown's Creek and east of Manning
Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on
May 5, 2006.
5. Case No. P, UD/06-,07. This is the date and time to hold a public hearing to consider a request from US.
Homes for a Planned Unit Development for a 270 lot development on 132+/-. acres of land located
south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook
Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional
Residential District. Notices were mailed to affected property owners and published in the Stillwater
Gazette on May 5,2006. (Resolution)
6. Case No. SUB/06-05. This is the date and time to hold a public hearing to consider a request from US
Homes for a Preliminary plat approval for a 270 lot development on 132+/- acres of land located south
of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook
Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional
Residential District. Notices were mailed to affected property owners and published in the Stillwater
Gazette on May 5, 2006. (Resolution)
7. Case No. ANN/06-01. This is the date and time to hold a public hearing to consider a request from US
Homes for a Annexation of 132+/- acres of land zoned TH, Townhouse, CR, Cottage Residential and
TR, Traditional Residential District into the City of Stillwater, Millbrook Development (Palmer Property),
located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue.
Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5,
2006. (Resolution)
8. Case No. ANN/06-03. This is the date and time to hold a public hearing to consider a request from the
City of Stillwater for an annexation into the City of Stillwater of a .36 acre parcel of property located on
Boutwell Road 328 feet southeast of the intersection of Neal Avenue for the purpose of stormwater
retention. Notices were mailed to affected property owners and published in the Stillwater Gazette on
May 5,2006. (Resolution)
9. Case No. ANN/06-04. This is the date and time to hold a public hearing to consider a request from the
City of Stillwater for an annexation of all that part of the right of way of Neal Avenue North from the
north side of the railroad right of way of the Minnesota Zephyr to the north right of way of Boutwell ROe
North excluding there from any portions already annexed to the City of Stillwater. Notices were mailed
to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution)
UNFINISHED BUSINESS
1. Possible approval of Amended Report on 2006 Street Improvement Project for Street Lights (Project
2006-02) (Resolution)
2. Possible approval of Lumberjack Days Agreement (Resolution).
NEW BUSINESS
1. Possible approval' of special event - Rumble on the Deck - July 13, 2006 - Freight House
2. Possible approval of feasibility report and calling for hearing on Lake McKusick improvements
(Resolution)
3. Possible approval of Royal Oaks final plat (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICATIONS/REQUESTS
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.
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_EGULAR MEETING
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-10
Council Chambers, 216 North Fourth Street
May 16, 2006
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7:00 P.M.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - Possible approval of May 2,2006 regular and recessed minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of
the meeting agenda. The Council may take action or reply at the time of the statement or may give direction
to staff regarding investigation of the concerns expressed.
STAFF REPORTS
1. Police Chief
2. Fire Chief
3. City Clerk
4. Director of Admin
5. Community Dev. Director
6. City Engineer/PWD
Update on Forest Hills neighborhood
meeting on street lights ('06 street project)
7. City Attorney
8. Finance Director
CONSENT AGENDA*
1. Resolution 2006-98, directing payment of bills
2. Resolution 2006-99, designating polling places
. 3. Possible approval of Special Event - Woodbury Days Bike Ride - August 26, 2006
4. Possible approval of waiver of garbage collection charges
5. Resolution 2006-100, accepting work and ordering final payment for North Hill Phase 2 Project
6. Resolution 2006-101, accepting work and ordering final payment for North Hill Phase 3 Project
7. Possible approval of Letter of Understanding with Brown's Creek Watershed District for maintenance
9. City Administrator
PUBLIC HEARINGS
1. Case No. ANN/06-02. This is the date and time for the public hearing to consider a request from Scott
Junker for an annexation petition for a 2.3 acre parcel of property located at 12764 Boutwell Road in
the AP, Agricultural Preservation District, into the City of Stillwater. Notices were mailed to affected
property owners and published in the Stillwater Gazette on May 5,2006. (Resolution)
2. Case No. ZAM/06-01.This is the date and time for the public hearing to consider a request from US
Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation,
AP, to TH, Townhouse on 25.3 acres of land, Millbrook Development (Palmer Property), located south
of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were
mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006.
3. Case No. ZAM/06-02.This is the date and time to consider a request from US Homes for a Zoning Map
amendment changing the zoning designation from Agricultural Preservation, AP, to CR, Cottage
Residential on 69.9 acres of land, Millbrook Development (Palmer Property), located south of TH 96,
west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to
affected property owners and published in the Stillwater Gazette on May 5, 2006.
4. Case No. ZAM/06-03.This is the date and time for the public hearing to consider a request from US
Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation,
AP, to TR, Traditional Residential on 72.7 acres of land, Millbrook Development (Palmer Property),
'. located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning
Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on
May 5, 2006.
5. Case No. PUD/06-07. This is the date and time to hold a public hearing to consider a request from US
Homes for a Planned Unit Development for a 270 lot development on 132+/- acres of land located
south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook
Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional
Residential District. Notices were mailed to affected property owners and published in the Stillwater
Gazette on May 5,2006. (Resolution)
6. Case No. SUB/06-05. This is the date and time to hold a public hearing to consider a request from us.
Homes for a Preliminary plat approval for a 270 lot development on 132+/- acres of land located sout
of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook
Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional
Residential District. Notices were mailed to affected property owners and published in the Stillwater
Gazette on May 5,2006. (Resolution)
7. Case No. ANN/06-01. This is the date and time to hold a public hearing to consider a request from US
Homes for a Annexation of 132+/- acres of land zoned TH, Townhouse, CR, Cottage Residential and
TR, Traditional Residential District into the City of Stillwater, Millbrook Development (Palmer Property),
located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue.
Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5,
2006. (Resolution)
8. Case No. ANN/06-03. This is the date and time to hold a public hearing to consider a request from the
City of Stillwater for an annexation into the City of Stillwater of a .36 acre parcel of property located on
Boutwell Road 328 feet southeast of the intersection of Neal Avenue for the purpose of stormwater
retention. Notices were mailed to affected property owners and published in the Stillwater Gazette on
May 5,2006. (Resolution)
9. Case No. ANN/06-04. This is the date and time to hold a public hearing to consider a request from the
City of Stillwater for an annexation of all that part of the right of way of Neal Avenue North from the
north side of the railroad right of way of the Minnesota Zephyr to the north right of way of Boutwell Road
North excluding there from any portions already annexed to the City of Stillwater. Notices were mailed
to affected property owners and published in the Stillwater Gazette on May 5,2006. (Resolution)
UNFINISHED BUSINESS
1. Possible approval of Amended Report on 2006 Street Improvement Project for Street Lights (Project .
2006-02)
NEW BUSINESS
1. Possible approval of special event - Rumble on the Deck - July 13, 2006 - Freight House
2. Possible approval of feasibility report and calling for hearing on Lake McKusick improvements
(Resolution)
3. Possible approval of Royal Oaks final plat (Resolution)
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICATIONS/REQUESTS
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.
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AGREEMENT
TO GIVE DISCLOSURE. INDEMNIFY
AND HOLD HARMLESS
THIS AGREEMENT is made this
day of May, 2006, between the City of
Stillwater, Washington County, Minnesota, a Home Rule City of the Third Class ("City"), and
Legendary Homes, Inc. a Minnesota corporation, 3537 Lake Elmo Avenue North, #130, Lake
Elmo, MN 55042 ("Legendary Homes").
WITNESSETH
1. That Legendary Homes has completed construction of a home on a formerly
vacant lot, located on the northwest comer of West Sycamore Street and North Fourth Street, in
the City.
2.
That after construction was completed, the site was reviewed by the City Engineer
who formed an opinion that because of the low area on the property, and the inadequacy of the
storm sewer drain pipe located at the southeast comer of the property, that the lower level of the
house has a risk of flood damage.
3. That Legendary Homes has had the elevation of the property and the storm water
outlet checked by experts of his own choosing and is of the opinion that the lower level of the
home is not at risk of flooding.
4. That based upon the City Engineer's opinion, the City has withheld a Certificate
of Occupancy and Legendary Homes has objected to this non-issuance.
5. That the City is willing to grant a Certificate of Occupancy to the premises on the
following conditions:
a.
That Legendary Homes disclose, as part of the disclosure required by a seller of
real estate in the State of Minnesota, that the City Engineer is of the opinion that
the lower level of the home is at risk for flooding.
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b.
That Legendary Homes hereby releases the City from any and all claims, causes
of action, or suits that might grow out of any flooding, and further agrees to
indemnify, hold harmless, and defend the City from any and all such claims, suits
or causes of action.
c. That the parties further agree that this agreement shall be binding on each of its
successors, assigns and transferees to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have set their hands this _ day of May, 2006.
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
ATTEST:
Diane F. Ward, Its City Clerk
LEGENDARY HOME
Minnesota corpora .
By:U)f) .
William H. Schorn
Its: President
STATE OF MINNESOTA
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COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this _ day of
2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater.
Notary Public
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STATE OF MINNESOTA)
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COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this lSiJay of Ynt1J.A...-.-- ,
2006, by William H. Schorn, President of Legendary Homes, Inc., a Minnesota co~
NANCY R. MANOS
NOTARY PUBLIC - MINNESOTA
My Commission Exr' '10
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-09
MAY 2,2006
REGULAR MEETING
4:30 P.M.
Mayor Kimble called the meeting to order at 4:33 p.m.
Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble
Absent: Council member Polehna
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Interim Director of Public Works Sanders
Finance Director Harrison
Fire Chief Glaser
Police Captain Peterson
Director of Administration Knauss
OTHER BUSINESS
. Library Proiect Update
Library Board of Trustees Chair Bill Hickey presented the project update. He said the
cost estimate of including the previously discussed stairway has been received;
estimated cost is $189,796. He noted that Molin Concrete featured the library project in
its house magazine. Mr. Hickey said when completed, the plan is to return to the use of
the library's historic address, 224 N. Third St.
Update on Lumberiack Davs
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Dave Eckberg was present with an update on plans for Lumberjack Days 2006.
Highlight of this year's festivities will be the Stihl Timbersports International Log Rolling
World Championships. The log rolling events begin with amateur competition on
Thursday, July 20, and conclude with the championship finals on Sunday, July 23.
ESPN will be in Stillwater Friday through Sunday to air/tape the log rolling events. Mr.
Eckberg said the proposal is for a two-year agreement with Stihl/ESPN to host the log
rolling championships. The contract is to be finalized by May 11 and available for action
at the Council's May 16 meeting. Councilmember Milbrandt asked for a detailed traffic
plan within 30 days. A complete preliminary schedule of events, as of April 28, was
included in the Council's agenda packet.
ParkinQ Ramp - 2nd & 3rd Streets
City Administrator Hansen asked for Council direction regarding its interest in pursuing
the possible construction of a parking ramp. The City has been exploring the possibility
of constructing a ramp since early 2003, with the most feasible site identified as the
Second and Third Street area near the Lowell Inn. The Second and Third Street area
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City Council Meeting - 06-09
May 2,2006
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has the advantage of being supported by neighboring property owners, Trinity Luther.
Church and the Lowell Inn. Trinity Church, according to City Administrator Hansen, has
agreed to provide land and allow the capturing of TIF from the proposed new post office
structure. Pastor Bob Eiselt of Trinity Lutheran Church was on-hand to express the
Church's interest in the project. Possible financing for the project could come through
capturing the TIF generated by the Mills on Main project. The City's bonding consultant
estimates it may be possible to generate between $3.5 and $4.3 million from the Mills
on Main project; estimated cost of a 343-space ramping ramp structure is estimated at
$5 million. In order to capture the Mills on Main TIF, the City would need to modify its
Tax Increment District No. 10; according to statute, the TIF District would have to be
amended by spring of 2008. City Attorney Magnuson believes it would be possible to
amend the District by the statutory deadline, it was noted. Due to the cost of modifying
the Tax Increment District, City Administrator Hansen said it would not be economically
prudent to proceed unless the Council is serious about pursuing the ramp project.
During discussion, it was noted the need for a parking structure has been discussed for
a number of years.
Motion by Councilmember Milbrandt, seconded by Council member Junker to proceed with
pursuing the possible construction of a parking structure in the Second and Third Street area.
All in favor.
Discussion on bids for Grass Riqs - Fire Department
Fire Chief Glaser asked for Council authorization to proceed with the purchase of two ·
grass/wildland vehicles. The Fire Department requested $80,000 for the purchase of a
new grass/wildland firefighting vehicle in the 2006 Capital Improvement Plan, and also
received a $2,000 DNR grant for the purchase of a new grass firefighting vehicle.
Participating in the state bid process and utilizing existing equipment has enabled the
Department to design two grass/wildland firefighting vehicles that can be purchased
within the available $82,000 in funding, Chief Glaser said.
Motion by Council member Harycki, seconded by Councilmember Junker authorizing the
purchase of the two grass/wildland firefighting vehicles.
STAFF REPORTS
Captain Peterson told the Council that in an effort to comply with the City's noise
ordinance, the owner of P.O. Pappy's, Greg Lindow, has suggested that warning signs
regarding the enforcement of the Noise Ordinance be posted near major entrances to
the City, as well as other locations such as parking lots near bars and restaurants. Mr.
Lindow has offered to pay for the signs if the City will install them.
Motion by Council member Harycki, seconded by Council member Junker, to have Police
Captain Craig Peterson and Interim Director of Public Works Sanders develop a proposal for
the possible installation of the noise ordinance signage for consideration at the Council's May
16 meeting. All in favor. .
Community Development Director Turnblad updated the Council on the issue of the
rooftop openings at Mills on Main. Mr. Turnblad told the Council that the pipes/venting
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City Council Meeting - 06-09
May 2, 2006
can't be relocated at this time as the project is too far along. The developer is
painting/cutting the vents to the lowest height permitted by code. The painting should be
done by June 5, he said. City Attorney Magnuson said he would provide a memo for the
Council providing options available for dealing with the issue.
City Attorney Magnuson told the Council the Minnesota Zephyr has asked for City
assistance in negotiating with the Burlington Northern Railroad for the purchase of a
section of track the Railroad is no longer interested in owning. It was Mr. Magnuson's
recommendation that the Council authorize staff to negotiate the best possible price for
the land purchase. Once the price is determined, the City could offer the Zephyr the
portion of the land it is interested in (the trackage and clearance) at the full cost of the
Zephyr's pro-rate share of the property. Once the purchase price is determined, the
Council could decide whether the cost is worth utilizing the additional property for a
future trail or future access to the Aiple property.
Motion by Council member Milbrandt, seconded by Councilmember Harycki, to authorize
obtaining an appraisal and beginning discussions for the possible purchase of the Burlington
Northern property in question. All in favor.
Interim Director of Public Works Sanders reported that the 2006 street project is under
way and neighborhood meetings have been scheduled.
Finance Director Harrison asked for the Council's direction regarding the 2007 budget
calendar. The proposed calendar included two options for possible workshop sessions.
Motion by Council member Junker, seconded by Councilmember Harycki, to approve option 2
for the workshops, 4:30-10 p.m. Aug. 8 and Aug. 15. All in favor.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to set Sept. 5 as the
date for adopting the proposed budget and levy. All in favor.
Meeting was recessed at 6:14 p.m.
RECESSED 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
Community Development Director Turnblad
Interim Director of Public Works Sanders
Fire Chief Glaser
City Clerk Ward
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City Council Meeting - 06-09
May 2, 2006
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APPROVAL OF MINUTES
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Motion by Council member Junker, seconded by Councilmember Milbrandt, moved approval of
the special and regular meeting minutes of April 18, 2006. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Buildinq Safety Week
Mayor Kimble read a proclamation designating May 7-13,2006, as Building Safety
Week in the City of Stillwater.
OPEN FORUM
There were no public comments.
CONSENT AGENDA*
Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the
Consent Agenda. City Clerk Ward asked that approval to negotiate with the City of Bayport for
the sale of Stillwater's used envelope vaults for downtown parking be added to the Consent
Agenda. Councilmember Junker amended his motion to include the sale of City envelope .
vaults; Council member Polehna amended his second.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Resolution 2006-93, directing payment of bills
Resolution 2006-94, approval of contract with Richard E. Moore
Possible approval of Special Event - Annual Memorial Day Ceremony - Stillwater
Veterans Memorial
Possible approval of Special Event - Backroad Events - Running Relay - August 26,
2006
Possible approval to purchase new heavy duty trash receptacles for Lowell Park-
Parks Department
Possible approval to purchase playground equipment for Washington Park
Request to release capital funds for carpet replacement on 3rd floor
Request to release capital funds for voting booths
Resolution 2006-95, Approving Minnesota Premises Permit for Gambling for American
Legion Post 491, located at St. Croix Crab House & Music Cafe, 317 South Main Street,
Stillwater, MN
Possible approval of banner installation - Summer Tuesdays - Greater Stillwater
Chamber of Commerce - June 19 - August 25
Possible approval of banner installation - Lumberjack Days - St. Croix Events - June .-
30 - July 23, 2006 .,
Possible approval of banner installation - Fall Colors Fine Art & Jazz Festival -
September 22 - October 8, 2006
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City Council Meeting - 06-09
May 2, 2006
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Possible approval of banner installation - Washington County Historic Courthouse -
November 3 - 20,2006
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
There were no unfinished business items.
NEW BUSINESS
AuthorizinQ plans and specifications for 2006 Seal Coating proiect
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Interim Director of Public Works Sanders said $100,000 has been allocated for this
year's seal coating and crack sealing. The proposal is to spend $85,000 on seal coating
and $15,000 on crack sealing, he said. Three other communities have asked to
participate in the bids and will be billed separately, he told the Council in asking for
approval of the plans and specs and authorization to advertise for bids. Councilmember
Milbrandt questioned including streets in the Legends development in this year's
project. Interim Director of Public Works Sanders noted the streets in that development
were constructed in 1997-98 and is due for seal coating. City Attorney Magnuson noted
that the City has been including the cost of the first seal coating in development
agreements.
Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt
Resolution 2006-96, approve plans & specifications and ordering advertisement for bids for
2006 seal coat improvement project (Project 2006-06).
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible approval of study and participation for traffic study for central Stillwater area
e
Interim Director of Public Works Sanders explained there is a proposal from SRF
Consulting Group for a study for Washington County to look at Owens, Greeley, Olive
and Myrtle. The proposal is to study traffic growth, traffic patterns, parking and a
number of other issues, including the possible signalization of Myrtle and Owens. The
study also would look at the possible trail extension on Olive Street between Deer Path
and Dundee Place, he said. Cost is estimated at $20,000 with requested City
participation. Mr. Sanders said staff felt $5,000 would be a fair contribution from the
City. Councilmember Harycki asked whether the consultants would provide options for a
stoplight at Owens/Myrtle. Mr. Sanders said the study would provide options and a
stoplight may not be the recommendation. Mr. Sanders said the cost of the study
includes a neighborhood meeting to get input on the issue. Councilmember Milbrandt
pointed out that it did not appear the study would include cut-through traffic from the
Myrtle side of Brick Street; Mr. Sanders said the City could request that be included.
Council member Junker noted the City has some significant data from studies done last
year during the bridge closure that would be helpful to input into this study.
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City Council Meeting - 06-09
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May 2, 2006
Motion by Councilmember Harycki, seconded by Council member Milbrandt to adopt .
Resolution 2006-97, approving the study and participation in the cost sharing for the contract
between Washington County and SRF Consulting Group, Inc. for a traffic operations analysis.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
COUNCIL REQUEST ITEMS
Council member Harycki stated Vern Stefan presented a proposal for the final phase of
the Maple Island development at the May HPC meeting. He said the presentation was
the first look at the new height ordinance, and there was discussion as to how the height
ordinance impacts the site. Council member Harycki said he thought the ordinance
limited height to 35 feet or 3 stories, while it was argued that the ordinance provides for
the greatest of 35 feet or 3 stories, so a 3 story structure could be above the 35 feet
limit. Council member Harycki said there also was some discussion/question as to the
10 percent infilllot rule. Councilmember Harycki asked for a memo from City Attorney
Magnuson clarifying the issue. Mr. Magnuson said he would provide the requested
memo.
STAFF REPORTS (continued)
Fire Chief Glaser informed the public that the DNR has not yet lifted the open burning
restrictions. Recreational fires are allowed, but running fires/debris removal is still .
restricted at this time.
ADJOURNMENT
Motion by Council member Junker, seconded by Council member Polehna, to adjourn at 7:20
p.m. All in favor.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2006-93, directing payment of bills
Resolution 2006-94, approval of contract with Richard E. Moore
Resolution 2006-95, Approving Minnesota Premises Permit for Gambling for American
Legion Post 491, located at St. Croix Crab House & Music Cafe, 317 South Main Street,
Stillwater, MN
Resolution 2006-96, approving plans & specifications and ordering advertisement for
bids for 2006 seal coat improvement project (Project 2006-06).
Resolution 2006-97, approving the study and participation in the cost sharing for the .
contract between Washington County and SRF Consulting Group, Inc. for a traffic
operations analysis
Page 6 of 6
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2006-98
.3M
Ace Hardware
Advanced Sportswear
All Star Wireless
Ancom Communication, Inc.
Aramark
Arcon Construction Co
Aspen Mills
AT&T
BCAlTraining & Development
Big Ink Inc.
Board of Water Commissioners
Bryan Rock Products
Buberl Black Dirt
Buberl, Larry
Bumper to Bumper
Carquest
Century Power Equipment
Cities Digital Solutions
Clark, Luann
Coca Cola
County Materials Corporation
Cub Foods
. Cutler, Jeff
DAR.E. American Merchandise
Data One Technology
DC Coffee Products
Delta Dental
Dowdall, Merlin
Election Data Direct, Inc.
ELK River Ford
Emergency Apparatus Maintenance
Ericksen Roed & Associates
Fastenal Company
Felsch, Chris
Galles Corporation
Glaser, Stu
GreenMan Technologies
Hansen, Steve
Harris, Peter
Hedberg Aggregates
Hillyard
Holiday Credit Office
Holiday Station Stores
Ice Skating Institute
. Inspec
Interstate All Battery Center
Jansen's Cleaning Service
Johnson controls
General Supplies
Equipment Repair Supplies
Concession Supplies
Two Way Service Repair
Batteries
Uniform Shirts
Final Payment for North Hill Phase 2 & 3
Uniforms
Telephone
Education
Printing & Dasherboard
April 2006 Water Availability Charges
Aggregate
Black Dirt
Animal Transport
Equipment Repair Supplies
Equipment Repair Supplies
Minor Equipment
Records Retention Services
Cleaning at Public Works
Soda for Concessions
Equipment Repair Supplies
Flowers for Ice Show & Water for Fire Dept
Office Supplies
DAR.E. Supplies
Office Supplies
Repair Parts
May 2006 Dental Cobra
Refund Sewer Payment
Voting Booth
(3) Police Vehicles
Repair to Mini Pumper Truck
Professional Services
General Supplies
Reimburse for Hotel Stay
General Supplies
Tuition Reimbursement
Tire Recycling
Tuition Reimbursement
Refund Demolition Fee
Mulch
Cleaning Supplies
Unleaded Fuel
Refund Fireworks Permit
Membership Dues
Professional Services
Minor Equipment
Maintenance Agreement
Building Repair Charges
116.22
179.34
93.00
503.52
561.79
80.58
97,680.21
322.70
119.08
360.00
396.19
4,851.00
547.02
82.01
50.00
778.29
330.76
1,738.59
204.95
140.00
571.20
138.45
84.52
117.08
57.99
122.48
354.00
311.20
68.50
5,951.45
66,942.00
149.85
475.00
193.47
214.58
222.22
1,425.00
221.00
1,650.00
100.00
,69.02
484.22
36.30
100.00
350.00
1,121.04
170.39
265.00
285.60
EXHIBIT n An TO RESOLUTION #2006-98
Lake Country Door, LLC
Law Enforcement Tech Group
Linner Electric Co.
Magler, Jeff
Maple Island Hardware
MCFOA
MEMA
Menards
Met Council
Metro Athletic Supply
Metropolitan Council
M II Life
MINNCOR Industries
Minneapolis Police Department
MN Occupational Health
Napa
Northwood Power Equipment
Office Depot
OnSite Sanitation
Police Institute
QuHl
RiverTown Newspaper Group
River Valley Printing
Roettger, David
Royal Pet Incorporated
Science Museum
Sprint PCS
S1. Croix Events
Stellar Energy Service Inc
Stillwater Gazette
Stillwater Motor Company
Streicher's
Stripe A Lot
T Mobile
TA Schifsky & Sons, Inc
Tee's Plus
Thomas, Henry
Trans Union
University of Minnesota
University of Wisconsin
Vetsch, Sandra
Wal Mart Community
Wally Carlson & Sons, Inc.
Washington County Transportation
Watson Co., The
Wildsmith Corporation
Workwell Occupational Health
Wulfing, David
Yeadon Fabric Dome
Yocum Oil
Page 2
Equipment Repair Charges
Ticket Citation Generator
Professional Services
Tuition Reimbursement
General Supplies
Membership Dues
Conference
General Supplies
Wastewater Service for June 2006
Playground Equipment
April 2006 Service Availability Charges
Term Life Insurance
Office Furniture
Seminar/Conference Fees
Drug Collections
Equipment Repair Supplies
Minor Equipment
Office Supplies
Weekly Rental Service
Education
Office Supplies
Publishing
Printing
Reimburse for Traveling Expenses
Minor Equipment
Seminar/Conference Fees
Cell Phone
Lumberjack Fireworks Donation
Equipment Repair Supplies
Publications
Vehicle Repair Charges
Uniforms
Respiring Parking Lot
Cell Phone
Asphalt
DAR.E. Supplies
Refund Variance Fee
Employment Credit Report
Education
Seminar/Conference Fees
Supplies for DAR.E.
General Supplies
Fuel
Traffic Service
Concession Supplies
Refund Parking Permit
Drug Collections
Tuition Reimbursement
Fan for Dome Heater
Fuel
226.25
6,677.5.
97.00
1,650.00
39.20
35.00
18.00
222.70
95,087.50
861 . 16
9,207.00
1,338.96
2,062.59
495.00
105.00
131.13
873.81
409.06
239.63
60.00
160.48
98.80
225.78
2,118.59.
16.97
219.00
40.64
5,000.00
423.87
23.70
1,195.03
26.57
965.00
51.66
1,212.65
41.70
100.00
12.31
140.00
595.00
78.84
47.17
811.53
156.01
87.66.
50.00
656.00
1,225.00
532.50
3,381.31
EXHIBIT" A" TO RESOLUTION #2006-98
~DDENDUM TO BILLS
Action Rental
AppleTree Institute
Aramark
Aspen Mills
Avent
A.W.1. Diversified LLC
B J Haines
Campion
Carte Graph Systems Inc.
Frontier Precision
Grey Survey Repair
Gopher State One Call
Imagineering
I nfratec
Luck, Andrea
Magnuson Law Firm
Matrix Communications
Menards
Moore, Richard
PC Magazine
Qwest
Schuster Co.
TR Computer Sales
.elemetry and Process Controls
win City Seed Company
Verizon Wireless
Washington County Tax Accounting
Washington County Assessment,Taxpayer
Washington County Assessment,Taxpayer
Workwell
Xcel Energy
Adopted by the City Council this
16th Day of May, 2006
.
Liquid Propane
June 2006 Health/Hospital Retirees & Cobra
Uniform Shirt Logo Set up
Uniforms
12 Month Service Package
Painting Gazebo
Tree Removal
Psych Evaluation
Cartegraph Fleet & Sign
Return Credit Taken Twice
Repair Data Port & Calibrate
April Billable Tickets
On Site Consulting Services
Lift Station Cleanup
Refund Park Deposit
Professional Services through May 5,2006
Professional Services
Equipment Repair Supplies
Professional Services through May 11, 2006
Subscription
Telephone
Laser Payroll Vouchers
Professional Services
Scadalarm
Seed Mixture
Cell Phone
Special Assessment Summary
TIF District Annual Maintenance/Admin Fee
TIF Parcels (Deletions & Additions)
Medical Evaluations
Electricity
Page 3
TOTAL
101.18
31,084.18
140.00
128.20
840.00
2,000.00
1,270.00
375.00
9,150.00
27.02
125.00
553.90
5,134.90
1,665.00
50.00
7,678.43
170.00
6.15
2,325.00
39.97
808.28
723.56
184.75
4,932.00
788.10
298.22
9,408.00
9,702.00
3,560.00
262.00
15,274.95
439,722.91
.
illwater
Receipt Number
Check No.
Amount Paid:
Fee: $100.00
THE IIRTHrlACE OF MINNEsotA
APPLICA TION FOR SALE OF FIREWORKS
Name of Applicant
Home Address
~.JJ- .
! Clr11'f p '13/
Business Address
-ra/"f~ f II tff I
202 ) /ffv/"Y~I f)~;J{
Name of Business
Corporate Address (if different than business address)
Beginning Date of Sale:
laC) ,~~~q-- D 2,92-
"5Is/~
, ,
Home Phone
Telephone (Business):
End Date of Sale: 7/7 Lt2(,
r /
Hours of Operation: !!.pC'''} sIeve ~o..I/.>
Location of Display :J/J5,d~ .;Al' slol"(
aUIRED ATTACHMENTS: The following attachments must be included with this application:
1. Permit Fee - $100.00
2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the
City of Stillwater as an additional insured.
y-3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with
dimensions included. .. ~-&;;:t;;"fi.
Sign ture qAp';I~( or agent)
Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE
CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084
FOR OFF/CEUSE ONLY.
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any:
.ature of Fire Chief: Date:
The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to
the following conditions if any:
Signature of Police Chief:
Date:
216 N. 4th Street
Stillwater, ltIN 550B2
TelepJlone: 651.430.BBOO Fax: 651.430.BB09
.
1 Kl .1..tlll'L..t~ OF M IIINf'IDlil.
APPLICATION FOR SPECIAL EVENT
All items on application MUST be completed and received by the City 45 days prior to proposed
event
Incomplete applications will not be processed
Submittal Date:
3/~, / DC.
, ,
APPLICANT INFORMA TION
Emaif Address:
Daytime Phone
$\ \ \AlIA +Pr
T),~bb\e fjl34-h
I a~1<q ~qlh S--r-- t-J
~: IIwd {(
-130- O~ \ q
(U\(r1H.r'~ Y.1:k.J{<< Type of
Organization
Non-Profit
For-Profit
K
Organization
Contact Person
Address
City
State VVI N
Zip t;;bo g 2-
Alternate Number
Date(s) of Event
.
EVENT INFORMA TION (Special Events involving the use of City Property may require Park Board or Parking
Commission Review. Events on Private Property may require Planning Commission review)
---- 11\ ZDOI,-
'- JlAl'1e.JO ihc.\ t)l!r1- z.g1h Hours of Event : 00 - IZ~ 0 eJQr."t ~~fC~
(Special Events conducted after 10:00 .m., require
Council approval of a variance to the noise ordinance)
Purpose & Description of Event
r C\. 1\-1\( f S
~ \f' c;. M L-o c.\.J l ~
~(i\,rk{+ .
. (n..U1, Vllbo\ I/"L//Su l~_ fVn(llld-~ m~~<..
Prop~sed Location of Event (be () 0 I
speCific) ~Ve("v'it"w ~-."\) I 0+
If Lowell Park is to be
used:
North Lowell Park or
South Lowell Park
(Circle which one or both)
Type of Event
f"(.i\, V" VY\ to VS 1/\/\ ~ V' k e..-r
Estimated number of people to
attend --1 II D -' 700 , ~\eS5 (h l)1C\ +e.) 6/"\~' Ww-rd
Following Information must be supplied
(Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space)
Permit to Consume
fJ A Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day
N A (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) . $35.00 fee)
Selling Alcohol
Site Map (required)
. Impact on Parking (required)
_ (attach to application)
Vi It- Describe:
(CONTINUE ON BACK)
Special Signage
/
Z SC;\VIc\ vV; ch S ~ "T'LS
V\Jlty- k-v-t- t-v.. vvvs
diA(i ')j
Describe:
Letter of Approval by Property Owner if on Private
Property (attach to application)
Tents or Membrane Structures
Cooking Operations
Water Activities (River/Lakes)
EMS Needs
Open Flame or Burning
Operations
Fireworks
Street Closure
Police Officer Needed
Restrooms (Portable)
Live Entertainment
N/\
.
Size 1;:,)< 10
~ Propane
1JiL River Lake Name:
Location enS. t-~
Deep fat frying
Exiting Points
Other
Fire
Department
Standby
J\H~ EMT Standby
Ambulance
Standby
1/&
~ What Streets:
(Required if alcohol is being served on public properly and attendance is over 75
people or at the discretion of the Police Chief) - Contact Stillwater Police (651-
IlilL 4351-4900) to arrange for officer
V(Applicant to pay for restrooms - Contact Public Works 275-4100)
Describe
NA
Type of Music
NA-
Level of Promotion/Advertisement 6~~ ft"1UAA
i~,11AV~ fvL-/~ W
{/ Ap Iicant Signature .
Community Development Comments:
City Administrator D
City Clerk D
Fire Chief D
Police Chief D
Public Works Director D
Public Works Superintendent D
Parks Board Approval Required D
PlanningComm. Appr. Required D
City Council Approval Required D
FEES (if applicable)
Permit to Consume:
Temporary Liquor License
$25.00 per day
Event Fee
Deposit $250.00
Other Fees:
.
TOTAL FEES
.
.
.
City Council Meeting - 05-10
May 3, 2005
proponent of sidewalks, he felt that if the residents didn't want it that he could not
support sidewalks on 5th Street.
Council member Polehna concurred with Council member Junker and stated that he
could not support the sidewalks on 5th Street.
Motion by Council member Ha~cki, seconded by Council member Junker to proceed with the
project without sidewalks on 5t Street.
Ayes: Councilmembers Polehna, Harycki, Junker and Mayor Kimble
Nays: Councilmember Milbrandt
NEW BUSINESS
Possible approval of Special Event Request for Freiqht House - "Rumble on the Deck"
City Administrator Hansen reviewed the special event request for the Freight House's
Rumble on the Deck. He said that the request was referred to the Downtown Parking
Commission for their recommendation. They recommended approval to the Council
subject to the Freight House paying $300 for the use of the parking lot and that they
sweep the parking lot and respective area after the event and provide a certificate of
insurance indicating the City as an additional insured.
Police Chief Dauffenbach said that this event has not posed a problem in the past.
Mr. John Daley indicated that the conditions were acceptable to the Freight House.
Motion by Council member Junker, seconded by Council member Harycki to approve the
Special Event Request - "Rumble on the Deck" subject to the Freight House paying $300 for
the use of the parking lot, sweeping the parking lot and respective area after the event and
providing a certificate of insurance indicating the City as an additional insured. All in favor.
Possible Final Plat approval for Meadow View Ridqe Case No. SUB-F/05-24
Community Development Director Russell reviewed the final plat request for a four lot
subdivision at 1030 St. Croix Avenue. He said that the preliminary plat for the
subdivision was approved April 5, 2005 and that the final plat is consistent with the
prelimary plat as conditioned and approved by the City Engineer. He stated that the
park dedication would be $3,800.
Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt
Resolution 2005-103, approving final plat for Meadow View Ridge.
Page 9 of 11
.
.
.
AGREEMENT
THIS AGREEMENT made this _ day of May, 2006 between the CITY OF
STILLWATER, Washington County, Minnesota ("City") and STILLWATER FARMER'S MARKET
ASSOCIA TION, c/o Debbie Roth, its President, 10889 69th St. N., Stillwater, MN 55082
("Farmer's Market").
1. The City of Stillwater has authorized the Farmer's Market to use part of the
parking lot located on the corner of Third and Pine Street for the purpose of conducting a
farmer's market where vendors will offer agricultural goods and related merchandise for sale to
the public.
2. The Farmer's Market is authorized to use the site from June 1st through October
31st of the year 2006 and to operate the market from 6:00 a.m. to 12:30 p.m. every Saturday
during the above term.
3. The Farmer's Market must provide a certificate of insurance III a form and
sufficiency as approved by the City Attorney.
4. The Farmer's Market must use the space on the parking lot shown on the map
attached hereto as Exhibit "A."
5. The Market would be set up in such a way that vendor vehicles would be facing
parked traffic and would be flagged off from the south end of the center island of the Memorial
to the west or Fourth Street end of the parking lot. This arrangement is to encourage foot traffic
to follow a set pattern throughout the parking lot.
6. The Association has offered this arrangement to limit use of the lot and to forfeit
the east end from the Memorial pavers to the east edge by blocking it from any car usage through
the use of saw horses. This is to discourage defacement or disrespect of the Veteran's Memorial .
pavers that are also placed in the lot.
7. Market sign age must be approved by the Community Development Director
including the size and location of signs and banners.
8. The City will provide a toilet for use of vendors and patrons throughout the period
of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The
Farmer's Market shall reimburse the City for one-third (1/3) ofthe seasonal costs ofthe toilet.
9. The City will provide between four to six saw horses from the Public Works
Department to be delivered to the site prior to 6:00 a.m. on every Saturday before use each week
to block off market traffic from traffic flow and to block traffic from entering into the east end of
the parking lot. The Public Works Department will arrange to pick up these saw horses at
approximately 12:30 P.M. on the same day.
Approved by the City of Stillwater under authority of the City of Stillwater.
CITY OF STILL WATER
Jay L. Kimble, Its Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
STILLWATER FARMER'S
MARKET ASSOCIATION
By
Debbie Roth, Its President
- 2 -
.
.
.
.
.
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 Ward, to me personally known who, being duly
sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and
that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a
Minnesota municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this
day of May, 2006, by
Debbie Roth, the President and duly authorized agent for Stillwater Fanner's Market
Association.
Notary Public
THIS INSTRUMENT DRAFTED BY:
David T. Magnuson
Magnuson Law Firm
333 North Main Street, Suite 202
Stillwater, MN 55082
651-439-9464 telephone
651-439-5641 fax
- 3 -
RESOLUTION 2006-103
APPROVAL OF CONTRACT WITH STILLWATER FARMER'S MARKET
BE IT RESOLVED by the City Council of Stillwater, MN that the 2006 Agreement
by and between the City of Stillwater and Stillwater Farmer's Market, as on file
with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk
to sign said agreement.
Adopted by the Stillwater City Council this 16th day of May 2006.
Jay L. Kimble, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
.
.
.
.
.
.
RESOLUTION 2006-104
APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR
STILLWATER ELKS #179, LOCATED AT MAD CAPPER, 224 SOUTH MAIN ST.
STILLWATER, MN
WHEREAS, the Stillwater Elks #179 has submitted an application to the City of
Stillwater requesting City approval of a Minnesota Gambling Premises Permit
application located at Mad Capper, 224 South Main Street, Stillwater, MN; and
WHEREAS, it has been demonstrated that the organization is collecting gambling
monies for lawful purposes.
NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the
gambling license located at Mad Capper, 224 South Main Street, Stillwater, MN as
requested by the Stillwater Elks #179. The City Clerk is directed to attach a copy of this
Resolution to the application to be submitted to the Gambling Control Board.
Adopted by the City Council for the City of Stillwater this 16th day of May, 2006
Jay L. Kimble, Mayor
Attest:
Larry D. Hansen, Acting City Clerk
,.
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2006-98
.3M
Ace Hardware
Advanced Sportswear
All Star Wireless
Ancom Communication, Inc.
Aramark
Arcon Construction Co
Aspen Mills
AT&T
BCNTraining & Development
Big Ink Inc.
Board of Water Commissioners
Bryan Rock Products
Buberl Black Dirt
Buber!, Larry
Bumper to Bumper
Carquest
Century Power Equipment
Cities Digital Solutions
Clark, Luann
Coca Cola
County Materials Corporation
Cub Foods
. Cutler, Jeff
DAR.E. American Merchandise
Data One Technology
DC Coffee Products
Delta Dental
Dowdall, Merlin
Election Data Direct, Inc.
ELK River Ford
Emergency Apparatus Maintenance
Ericksen Roed & Associates
Fastenal Company
Felsch, Chris
Galles Corporation
Glaser, Stu
GreenMan Technologies
Hansen, Steve
Harris, Peter
Hedberg Aggregates
Hillyard
Holiday Credit Office
Holiday Station Stores
. Ice Skating Institute
Inspec
Interstate All Battery Center
Jansen's Cleaning Service
Johnson controls
General Supplies
Equipment Repair Supplies
Concession Supplies
Two Way Service Repair
Batteries
Uniform Shirts
Final Payment for North Hill Phase 2 & 3
Uniforms
Telephone
Education
Printing & Dasherboard
April 2006 Water Availability Charges
Aggregate
Black Dirt
Animal Transport
Equipment Repair Supplies
Equipment Repair Supplies
Minor Equipment
Records Retention Services
Cleaning at Public Works
Soda for Concessions
Equipment Repair Supplies
Flowers for Ice Show & Water for Fire Dept
Office Supplies
DAR.E. Supplies
Office Supplies
Repair Parts
May 2006 Dental Cobra
Refund Sewer Payment
Voting Booth
(3) Police Vehicles
Repair to Mini Pumper Truck
Professional Services
General Supplies
Reimburse for Hotel Stay
General Supplies
Tuition Reimbursement
Tire Recycling
Tuition Reimbursement
Refund Demolition Fee
Mulch
Cleaning Supplies
Unleaded Fuel
Refund Fireworks Permit
Membership Dues
Professional Services
Minor Equipment
Maintenance Agreement
Building Repair Charges
116.22
179.34
93.00
503.52
561.79
80.58
97,680.21
322.70
119.08
360.00
396.19
4,851.00
547.02
82.01
50.00
778.29
330.76
1,738.59
204.95
140.00
571.20
138.45
84.52
117.08
57.99
122.48
354.00
311.20
68.50
5,951.45
66,942.00
149.85
475.00
193.47
214.58
222.22
1,425.00
221.00
1,650.00
100.00
69.02
484.22
36.30
100.00
350.00
1,121.04
170.39
265.00
285.60
EXHIBIT" A" TO RESOLUTION #2006-98
Lake Country Door, LLC
Law Enforcement Tech Group
Linner Electric Co.
Magler, Jeff
Maple Island Hardware
MCFOA
MEMA
Menards
Met Council
Metro Athletic Supply
Metropolitan Council
M II Life
MINNCOR Industries
Minneapolis Police Department
MN Occupational Health
Napa
Northwood Power Equipment
Office Depot
OnSite Sanitation
Police Institute
Quill
RiverTown Newspaper Group
River Valley Printing
Roettger, David
Royal Pet Incorporated
Science Museum
Sprint PCS
St. Croix Events
Stellar Energy Service Inc
Stillwater Gazette
Stillwater Motor Company
Streicher's
Stripe A Lot
T Mobile
TA Schifsky & Sons, Inc
Tee's Plus
Thomas, Henry
Trans Union
University of Minnesota
University of Wisconsin
Vetsch, Sandra
Wal Mart Community
Wally Carlson & Sons, Inc.
Washington County Transportation
Watson Co., The
Wildsmith Corporation
Workwell Occupational Health
WUlfing, David
Yeadon Fabric Dome
Yocum Oil
Page 2
Equipment Repair Charges
Ticket Citation Generator
Professional Services
Tuition Reimbursement
General Supplies
Membership Dues
Conference
General Supplies
Wastewater Service for June 2006
Playground Equipment
April 2006 Service Availability Charges
Term Life Insurance
Office Furniture
Seminar/Conference Fees
Drug Collections
Equipment Repair Supplies
Minor Equipment
Office Supplies
Weekly Rental Service
Education
Office Supplies
Publishing
Printing
Reimburse for Traveling Expenses
Minor Equipment
Seminar/Conference Fees
Cell Phone
Lumberjack Fireworks Donation
Equipment Repair Supplies
Publications
Vehicle Repair Charges
Uniforms
Respiring Parking Lot
Cell Phone
Asphalt
D.A.R.E. Supplies
Refund Variance Fee
Employment Credit Report
Education
Seminar/Conference Fees
Supplies for DAR.E.
General Supplies
Fuel
Traffic Service
Concession Supplies
Refund Parking Permit
Drug Collections
Tuition Reimbursement
Fan for Dome Heater
Fuel
.
226..
6,677..
97.00
1,650.00
39.20
35.00
18.00
222.70
95,087.50
861 .16
9,207.00
1,338.96
2,062.59
945.00
105.00
131.13
873.81
409.06
239.63
60.00
160.48
98.80
225..
2,118.
16.97
219.00
40.64
5,000.00
423.87
23.70
1,195.03
26.57
965.00
51.66
1,212.65
41.70
100.00
12.31
140.00
595.00
78.84
47.17
811.53
156.01
87.6A
50.0~
656.00
1,225.00
532.50
3,381.31
.
Memo
To: Mayor & City Council
From: Diane F. Ward, City Clerk
Date: 5/9/2006
Subject: Designation of Polling Places
.
At their April meeting Council authorized the grant application for HA VA
improvements to New Heights Charter School. Quotations were requested from
seven contractors for the improvements to be submitted with the grant however no
quotations were received. Without the improvements the school would not meet the
HAVA requirements (entrance door to the gym) therefore I have arranged the use of
the gym at Trinity Lutheran Church as a polling location for Ward 2, Precinct 5
instead of New Heights Charter School.
A new resolution is attached reflecting the polling place change (the precinct lines
have not changed since Council adoption on March 7, 2006) and will be forwarded to
the State and Washington County.
.
1
RESOLUTION 2006-99
DESIGNATING POLLING PLACES
WHEREAS, the City Council has adopted Ordinance No. 967 establishing
precinct boundaries.
BE IT RESOLVED by the City Council of the City of Stillwater that the following
polling places are designated as Polling Places for Stillwater:
Ward 1, Precinct 1 - Oak Park Elementary School
Ward 1, Precinct 2 - Stillwater City Hall
Ward 2, Precinct 3 - United Methodist Church
Ward 2, Precinct 4 - Stillwater City Hall
Ward 2, Precinct 5 - Trinity Lutheran Church
Ward 3, Precinct 6 - Stonebridge Elementary School
Ward 3, Precinct 7 - Our Saviors Lutheran Church
Ward 4, Precinct 8 - Lily Lake Elementary School
Ward 4, Precinct 9 - Rutherford Elementary School
Adopted by the Stillwater City Council this 16th day ofl'y1ay, 2006.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
.
.
.
.
~illw~te~
THE BIRTHPlACE OF MINNESOTA ~
April 27, 2006
Trinity Lutheran Church
Attention: Jeannie
115 4th Street N
Stillwater, MN 55082
Subject:
Room for Elections
Denr Joann:e:
Thank you for taking the time to show me the possible facilities that could be used at Trinity for the
upcoming election. It has been determined that the New Heights Charter School improvements will not
be completed, there fore I would like to request scheduling your gym area for 2006 elections. They will be
held on Tuesday, September 12,2006 and Tuesday, November 7,2006. The times for the election would
be 6:00 a.m. to when the election process is complete which could be as late at 12:00 p.m. I would take
full responsibility in opening and closing your facility on those days. As we discussed, once the polling
place is designated, it cannot be changed. It is my hope that we would be able to use your facility in
.2006,2008 and 2010 for sure (redistricting takes place after the 2010 census where we adjust boundaries
again).
Please confirm these reservations by signing the letter below and returning to me in the enclosed
envelope. I need to confirm this polling place no later than the May 16, 2006 City Council meeting, so
your early attention would be greatly appreciated.
Thank you again for your assistance. If you have any questions, please call me at 651-430-8802.
Sincerely,
flw d.jt}t{/!cL-
Diane F. Ward
City Clerk
This location is confirmed for elections on Tuesday, September 12, 2006 and Tuesday, November 7,2006
from 6:00 a.m. to whenever the election process is complete. I also understand that the polling location
cannot be changed and that the Diane F. Ward, City Clerk will be responsible for the opening and closing
of the facility on the above dates. The option for future use in 2008 and 2010 is also acceptable.
/YJq~
. Date
-fA
9..200(,
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Signature
f2DIo~y i--- 4), Els~ I r
Print Name D. I A () I ~ + J
,4,,-/51\ ~)'115 yq,OY'
CITY HALL: 216 NORTH FOURTH STREET . STILLWATER. MINNESOTA 55082
PHONE: 651-430-8800 · WEBSITE: www.cLstillwater.mn.us
.
. Iwater
216 N. 4th Street
Stilltvater~ lUN 55082
Teleplwne: 651.430.8800 Fax: 651.430.8809
APPLICATION FOR SPECIAL EVENT
All items on application MUST be completed and received by the City 45 days prior to proposed
event
Incomplete applications will not be processed
Submittal Date:
APPLICANT INFORMA nON
Organization
Contact Person
Address
City
Daytime Phone
05'/
Zip '- ?G~"'" J .?-J
Alternate Number ~->' / - < S~1 g -?-> b?/ 5
EVENT INFORMA nON (Special Events involving the use of City Property may require Park Board or Parking
Commission Review. Events on Private Property may require Planning Commission review)
Dale( s) of Event a'llf0-;). " " 0 (, Hon.. of Event '7 u<ft It) -;;>. DO f' Il1
, ' (Special Events conducted after 10:00 p.m., require
Council approval of a variance to the noise ordinance)
.
Ees~onofEven~_ _ ~_ ~ ~
~ -$fffl ~-;: _~~ 7::::: ~-~~~rtt< 4
Proposed Location of Event (be
specific)
Type of Event
Estimated number of people to
attend
~ .,- ~. 6 /l '..1:lZ0 If Lowell par, k is to be
~ p o-U .p cU no +, / 'L used:
la sL.. . . North Lowell Park or
A ~nadeif. South Lowell Park
(Circle which one or both)
$.d~j ~UJz
1iJ- q {)
Following Information must be supplied
(Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space)
Selling Alcohol
Permit to Consume
. Site Map (required)
Impact on Parking (required)
Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day
(for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee)
(attach to application)
Describe:
(CONTINUE ON BACK)
Special Sign age
Letter of Approval by Property Owner jf on Private
Property (attach to application)
Tents or Membrane Structures
Cooking Operations
Water Activities (River/Lakes)
Describe:
.
Size
Propane
River Lake Name:
What Streets:
(Required if alcohol is being served on public property and attendance is over 75
people or at the discretion of the Police Chief) - Contact Stillwater Police (651-
4351-4900) to arrange for officer
(Applicant to pay for restrooms - Contact Public Works 275-4100)
EMS Needs
Open Flame or Burning
Operations
Fireworks
Street Closure
EMT Standby
Police Officer Needed
Restrooms (Portable)
Live Entertainment
Level of Promotion/Advertisement
w.<j.#,,~ I)v~
Appl cant Signa ure
Location
Deep fat frying
Exiting Points
Other
Ambulance
Standby
Fire
Department
Standby
Describe
Type of Music
Community Development
0' Comments:
~
~
Public Works Superintendent D
Parks Board Approval Required D
Planning Comm. Appr. Required D
City Council Approval Required ~
5//(,/0& ce mf;r
City Administrator
City Clerk
Fire Chief
Police Chief
Public Works Director
FEES (if applicable)
Permit to Consume:
Temporary Liquor License
$25.00 per day
Event Fee
Deposit $250.00
Other Fees:
.
TOTAL FEES
Special Signage
. Letter of Approval by Property Owner if on Private
Property (attach to application)
Tents or Membrane Structures
Cooking Operations
Water Activities (River/Lakes)
Describe:
Size
Propane
River Lake Name:
What Streets:
(Required if alcohol is being served on public property and attendance is over 75
people or at the discretion of the Police Chief) - Contact Stillwater Police (651-
4351-4900) to arrange for officer
(Applicant to pay for restrooms - Contact Public Works 275-4100)
EMS Needs
Open Flame or Burning
Operations
Fireworks
Street Closure
EMT Standby
Police Officer Needed
Restrooms (Portable)
Live Entertainment
Level of Promotion/Advertisement
rr;.d4f,,-II)/L~
Appl cant Signa ure
Location
Deep fat frying
Exiting Points
Other
Ambulance
Standby
Fire
Department
Standby
Describe
Type of Music
Community Development
o Comments:
~
~
Public Works Superintendent D
Parks Board Approval Required D
Planning Comm. Appr. Required D
City Council Approval Required ~
sIlvIo&' ee ~
City Administrator
City Clerk
Fire Chief
Police Chief
Public Works Director
.
FEES (if applicable)
Permit to Consume:
Temporary Liquor License
$25.00 per day
Event Fee
Deposit $250.00
Other Fees:
TOTAL FEES
.
.
.
Memo
DATE:
May 12,2006
TO:
Mayor and City Council
Chantell Knaus~
Director of Administration
FROM:
RE:
Waiver of Garbage Collection Charges
Attached are requests for Waiver of Garbage and Collection Charges for July 1,2006 - June 30,
2007 in accordance with City Code Section 30-1, Subd. 9.
Recommendation
Staff recommends the City Council take action to approve waiver of garbage and collection
charges for applications 2006-01 through 2006-02.
.
.
.
APPLICATION NO. 2006-01
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
NAME Lillian Bancroft
ADDRESS 409 Holcombe St. South
Recommended Action:
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: May 12, 2006
APPLICATION NO. 2006-02
WAIVER OF GARBAGE AND COLLECTION CHARGES
COUNCIL ACTION FORM
Applicant:
NAME Joseph Junker
ADDRESS 1220 Fourth Ave. South
Recommended Action:
APPROVE X
DISAPPROVE
REASON FOR DISAPPROVAL
DATE SUBMITTED: May 12, 2006
.
.
.
Memorandum
To:
Mayor and City Council
&)tf"> .
Shawn Sanders, Interim Public Works Director
May 4, 2006
From:
Date:
Subject: North Hill Phase 2 and Phase 3 Project (project 2000-15)
Acceptance of Work and Final Payment
DISCUSSION
The work on the above projects has been completed. The contractor has submitted their
application for payment and required information to allow for final paymenL If Council
accepts the work and authorizes final payment the one-year warranty will begin.
RECOMMENDATION
.
Staff recommends that Council accept the work and authorize final payment to Arcon
Construction Co. Inc. in the amount of$44,059.65 for Phase 2 and $53,620.56 for Phase 3.
ACTION REQUIRED
If Council concurs with staff recommendation, Council should pass a motion adopting
Resolution No. 2006-_, ACCEPTING WORK AND ORDERING FINAL
PAYMENT FOR NORTH HILL PHASE 2 PROJECT (PROJECT 2000-15) and;
Resolution No. 2006- , ACCEPTING WORK AND ORDERING FINAL
PAYMENT FOR NORTH HILL PHASE 3 PROJECT (PROJECT 2000-15)
.
.
.
.
ACCEPTING WORK AND ORDERING FINAL PAYMENT
FOR NORTH HILL PHASE 2 PROJECT
(PROJECT 2000-15)
WHEREAS, pursuant to a written contract signed between the City and Arcon
Construction Co., Inc. for the North Hill Phase 2 Project (Project 2000-15) and their work has
been completed with regard to the improvement in accordance with such contract,
BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to
issue a proper order for the final payment of$44,059.65 on such contract, taking Arcon
Construction Co., Inc. receipt in full.
Adopted by the Council, this 16th day of May 2006.
Jay L. Kimble, Mayor
Attest:
Diane F. Ward, City Clerk
ACCEPTING WORK AND ORDERING FINAL PAYMENT
FOR NORTH HILL PHASE 3 PROJECT
(PROJECT 2000-15)
WHEREAS, pursuant to a written contract signed between the City and Arcon
Construction Co., Inc. for the North Hill Phase 3 Project (Project 2000-15) and their work has
been completed with regard to the improvement in accordance with such contract,
BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to
issue a proper order for the final payment of$53,620.56 on such contract, taking Arcon
Construction Co., Inc. receipt in full.
Adopted by the Council, this 16th day of May 2006.
Jay L. Kimble, Mayor
Attest:
Diane F. Ward, City Clerk
.
.
.
i
.
.
.
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Sanders, Interim City E:tZer
DATE: May 11 2006
RE: Stormwater Facility Maintenance Agreement
DISCUSSION
Attached is Letter of Understanding (LOU) for Storm water Facility Maintenance
between the City of Stillwater and Browns Creek Watershed District (BWCD). The LOU
establishes inspection and maintenance obligations for the city over the next year until
the City develops a formalized inspection and maintenance and rehabilitation process as
part of the MS4 phase 2. For the most part, the City will perform these duties under its
current schedule and practices. In addition, BWCD will partner with the City on
inspections during this period. The LOU will remain in effect until the City completes its
Stormwater Pollution Prevention Plan, the Storm Water Management Plan and BWCD
completes its Storm Water Management Plan. All of these are to be complete by the
spring of 2007.
This subject was initially presented to the Council in March and was asked to come back
for final approval when a final resolution was in place by both parties. This has been both
reviewed and approved by the City Attorney and BCWD Board.
RECOMMENDATION
Staff recommends that Council approve the Letter of Understanding for Stormwater
Facility Maintenance.
\-
APPROVE LETTER OF AGREEMENT FOR
STORMW ATER FACILITY MAINTENANCE WITH
BROWN'S CREEK WATERSHED DISTRICT
.
WHEREAS, a letter of agreement between the Brown's Creek Watershed District and the City of
Stillwater for the inspection and maintenance of stormwater management facilities by the City of
Stillwater within the boundaries of both entities for an interim basis has been received;.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STILL WATER, MINNESOTA:
That the Mayor and the City Clerk are hereby authorized and directed to enter into the letter of agreement
in the name ofthe City with the Brown's Creek Watershed District for the inspection and maintenance of
stormwater management facilities within the boundaries of both entities for an interim basis.
Adopted by the Council this 16th day of May 2006.
Jay L. Kimble, Mayor
.
ATTEST:
Diane F. Ward, City Clerk
.
.'
.
Letter of Understanding
Stormwater Facility Maintenance
Brown's Creek Watershed District and City of Stillwater
Background and Intent
This Letter of Understanding (LOU) between the City of Stillwater (Stillwater) and
Brown's Creek Watershed District (BCWD) addresses on an interim basis the
inspection and maintenance of stormwater management facilities by the City of
Stillwater within the boundaries of both entities.
BCWD Rule 2.0 requires that a developer execute and record a declaration
establishing a perpetual obligation to maintain stormwater management
facilities on the developed property. Stillwater and the BCWD agree that it is
desirable for Stillwater to assume inspection and maintenance responsibility for
certain private developments, in addition to its responsibility for its own
stormwater management facilities, to improve the consistency, reliability and
. effectiveness of inspection and maintenance practices.
Within the next year Stillwater intends to complete a Stormwater Pollution
Prevention Program to meet its obligations under the federal Clean Water Act.
Also during this period, both the BCWD and Stillwater intend to complete and
adopt water resource management plans under state law.
The BCWD and Stillwater intend to work together in developing these plans, and
in that process to produce an agreement establishing specific terms for
stormwater facility maintenance that will operate for the longer term. The
purpose of this LOU is to agree on reasonable terms of maintenance to govern
developments that come before the BCWD for permits under Rule 2.0 before a
longer-term programmatic agreement is in place.
.
The intent of this LOU is to establish inspection and maintenance obligations
that are adequate to protect water resources but that respect Stillwater budget
limitations, given that the terms are likely to change as a result of the planning
process over the next year. The BCWD and Stillwater intend the terms herein to
be binding on both parties until this LOU is superseded by a programmatic
agreement, as stated below.
1
\
This LOU will be implemented by incorporating it into permits issued by the
BCWD. In those cases where stormwater facility inspection and maintenance in
private developments are to be assumed by Stillwater, the BCWD will consider a
variance that will excuse the developer or landowner from recording a
maintenance declaration as required by BCWD Rule 2.5.5. Instead, the recorded
declaration will require only that the landowner allow perpetual access by
Stillwater and the BCWD for the purpose of inspection and maintenance
activities.
.
This LOU will terminate when all of the following have occurred: (1) Stillwater
has duly adopted a Stormwater Pollution Prevention Program; (2) the BCWD has
adopted its revised watershed management plan under Minnesota Statutes
1 03B.231 ; and (3) Stillwater has adopted its local water management plan under
Minnesota Statutes 103B.235. The parties intend that the programmatic
maintenance agreement will be incorporated into Stillwater's local plan.
Stormwater Management Facility Inspection and Maintenance Terms
The parties agree to the following inspection and maintenance terms while this
LOU is in effect:
.
1. Stillwater and the BCWD each retain the authority, pursuant to their
rules and ordinances, to inspect and monitor the construction and
installation of all new stormwater facilities and to require that such
facilities be surveyed to create as-built drawings.
2. Stillwater will require developers to provide a minimum one-year
guarantee that stormwater management facilities are properly installed,
maintained and functioning.
3. Stillwater will continue to inspect stormwater management facilities
according to its current practices providing for inspection after major
precipitation events; response to complaints or input from the general
public or other government agencies; and use of a "hot spot" protocol
involving inspection of certain facilities on a tirneline sometimes as
frequent as monthly or after each rain event. It is the parties' intent that
.
2
,
.
Stillwater and the BCWD will cooperate in inspection activities, particularly
with respect to volume control (infiltration) facilities.
4. Stillwater will maintain stormwater management facilities subject to
this LOU according to its current schedules and practices. Stillwater
performs maintenance and rehabilitation on the basis of inspection
results, with normal scheduled maintenance for problem areas or areas
requiring high maintenance. These areas may be visited monthly and/or
after large storm events. Maintenance practices include but are not
limited to removing floating materials, clearing plugged or blocked pipes
or structures, raking grates, sweeping streets twice annually to remove
debris and leaf litter, cleaning catch basin grates after large storm events
and in the fall during leaf cleanup, reestablishing ground cover or
installing geofabrics where erosion has occurred, and dredging pond
areas that have accumulated large amounts of sediment.
5. The above inspection and maintenance activities be consistent with the
following:
.
a. For water quantity (rate control) and water quality:
(i) $.tormwater retention basins will be inspected as follows:
(a) For new basins and basins receiving direct runoff from
an area that has been disturbed for development under
BCWD Rule 2.2, visual inspection and determination of
storage volume at least annually for five years from the end
of construction.
(b) For other basins, visual inspection annually and
determination of storage volume at least every five years.
(c) If the basin is designed with a forebay, the storage
volume need be determined for the forebay only, unless it is
found to be reduced by 50 percent.
.
(d) When basin storage volume has been reduced by 50
percent, within one year of the inspection date sediment will
3
,
be removed from the pond fore bay and permanent pool to .
restore original basin volume and vegetation in disturbed
areas will be restored.
(ij) Grit chambers, sump catch basins, sump manholes, outlet
structures, culverts and other stormwater management facilities
will be inspected at least annually. Within 60 days of inspection,
accumulated sediment and debris, if present, will be removed so
that the facility continues to operate as designed, and erosion or
structural problems will be corrected.
b. For water quantity (volume control):
(j) s.tormwater detention facilities will be inspected as follows:
(a) During the operational period (after spring snowmelt
event though first snowfall), infiltration practices and
contributing drainage areas will be inspected once every
three months and monitered after significant rainfall events, .
defined as al-inch rainfall (approximately equivalent to a
half-year rainfall event), to ensure that the contributing
drainage area is clear of litter and vegetative debris, inflow
pipes and the overflow spillway are clear, the inlet area is
clean, undesirable vegetation is removed and there is no
erosion.
(b) Infiltration practices will be inspected at least annually to
ensure that sediment traps or fore bays are trapping
sediment and that greater than 50% of storage volume
remains, the contributing drainage area is stabilized and
free of erosion, and inlets and outlet/overflow spillways are
in good condition with no erosion.
(ij) If sediment has moved into a stormwater management facility
designed for infiltration as a result of erosion or other land
disturbance, within 30 days of inspection Stillwater will remove
deposited sediments and stabilize surface disturbance. '.
4
.
.
.
Maintenance techniques will protect the infiltration capacity of the
practice (e.g., by using low-impact earth moving equipment).
c. If Stillwater cannot perform maintenance activity within a time
frame specified, it will communicate to the BCWD, within that time
frame, the maintenance action it intends to take and when it will
complete the recommended work, which will be at the earliest time
it reasonably can achieve.
d. Stillwater and BWCD will keep records of inspections and
maintenance including dates, observations and actions taken.
At its discretion, the BCWD may inspect and/or perform maintenance on any
stormwater management facility subject to this LOU to the extent authorized by
its rules or permits. If it finds that a facility needs maintenance or other action,
the parties will communicate to decide on appropriate action.
Craig Leiser,President
Brown's Creek Watershed District
Date
Jay Kimble, Mayor
City of Stillwater
Date
5
.;
.
Memorandum
City of Stillwater
Community Development Department
To:
From:
Mayor and City Council
Bill Turnblad, Community Development Directo~
Date:
May 10, 2006
Re:
Scott Junker petition for Annexation
12764 Boutwell Road
Case No. ANN/06-02
REQUEST
Mr. Scott Junker has submitted a petition for annexation of his +/- 2 acre property at 12764
Boutwell Road. If the annexation is approved, he would then like to make application for a
plat, comprehensive plan land use map amendment, and rezoning ofthe property be able to
create three or four building sites, including the existing home.
. ANALYSIS
1. Orderly Annexation Agreement (OAA)
· According to the OAA, the subject property is located in the Phase IV annexation
area. This area is not scheduled for development until 2015.
· The infill provision ofthe OAA (Section 4.09) would allow the request to be
approved, since each of its criteria are satisfied:
o 100% of the subject landowners have signed an annexation petitioned;
o The property is adj acent to the City;
o The level of growth in the entire area regulated by the OAA has not exceeded
120 permits per year (see attachment).
· Section 4.08 ofthe OAA does not obligate the City or Township to approve an
annexation request even though it may satisfy all of the provisions of the OAA.
o Other properties on Boutwell Road in the Phase IV area have been the subject
of annexation requests and they have not been approved since their
development was deemed premature. Simply in terms of "faimess" those
properties should probably be given annexation priority.
o City utilities are not yet available to Mr. Junker's property. However, the
City has begun road and utility construction on Boutwell Road that will bring
these past Mr. Junker's property later this summer or fall. After the road and
utilities are completed, it would be a more appropriate time to approve an
annexation of the subject property.
.
Page 2
Junker Annexation
2. Orderly Development
· In January and February of this year the City of Stillwater's Public Works Director
discussed pending development and staff work load. As can be seen in his attached
memo, an orderly and manageable development pace is important to the City. His
memo notes that development activity that can be managed by the City this year
includes: Liberty West, Royal Oaks Realty Business Condos, Millbrook, Settler's
Glen 9th Addition and the McKenzie/Meisterling property. Additional development
would be difficult to manage.
3. Recommendations
· Planning Commission - On April 1 0, 2006 the City Planning Commission considered
the annexation proposal. At the meeting Mr. Scott Junker stated that he would not
make application for a subdivision of the property until after the City completed
reconstruction of Boutwell Road and extension of utilities past his property. Based
this statement, the commission unanimously approved the request.
· Joint Board - On April 26, 2006 the Joint Board considered the case and approved it
on a 3-1 vote.
· City staff - Ifthe City Council wishes to approve the annexation, staff would
recommend that a condition of approval be that the annexation will not become
effective until the final plat for the subdivision is approved by the City Council.
ALTERNATIVES
The City Council has the following options:
1. Approve the requested annexation.
2. Deny the requested annexation.
3. Continue the public hearing until the next Council meeting for more information on
potential subdivision of the property.
cc: Scott Junker
Attachments:
Location map
Building Permit Update
Application materials
Memo from Klayton Eckles
'.
.
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City of Stillwater
Planning Commission
April 10, 2006
.
Present: Robert Gag, Chairman, Suzanne Block, Gregg Carlsen, Mike Dahlquist, David Junker,
Brad Meinke, Dave Middleton, David Peroceschi, and Paul Teske
Others: Community Development Director Bill Turnblad and Interim Community Development
Director Bob Lockyear
Mr. Gag called the meeting to order and welcomed Mr. Turnblad.
Approval of minutes: Mr. Dahlquist, seconded by Mr. Teske, moved approval of the minutes of
March 13, 2006. Motion passed unanimously.
Case No. ANN/06-02 Annexation petition for a 2.3-acre parcel of property at 12764 Boutwell
Road in the AP, Agricultural Preservation District, into the City of Stillwater. Scott Junker,
applicant.
Scott Junker was present. He explained that he would like to have the property, which includes
one existing home that he occupies, annexed at this time. He plans to subdivide the property
when City services become available, he said. He said he believes the property can be
subdivided into four lots; one of the lots would be accessed off Boutwell, the others off Morgan.
Mr. Gag opened the public hearing, and no comments were received. Mr. Middleton, seconded
by Mr. Peroceschi, moved to recommended approval of the annexation petition to the Joint .
Board and City Council.
Mr. Dahlquist referred to the staff memo regarding the Orderly Annexation Agreement and
questioned why other requests for annexation in the same area had been denied. During
discussion, it was noted the other requests have come from property owners on the south side
of Boutwell and were denied due to questions about future road connections, specifically, the
extension of Neal Avenue. Scott Junker's property is located on the north side of Boutwell. It
also was noted that sewer and water services may be completed this summer in conjunction
with the Boutwell Road improvement project.
Motion to recommend approval of the annexation request passed 8-0, with David Junker
abstaining.
Case No. V/06-09 A variance to the garage size regulations for a 3-stall garage (2-stall garages
permitted) at 602 Eben Court in the CR, Cottage Residential District. David Reed, Landmark
Development Group, LLC, applicant.
Mr. Reed was present and provided plans of the proposed garage construction. Mr. Reed
explained that the property owners were unaware of the garage restrictions and thought 3-stall
garages were acceptable as long as they don't face forward. He said the site in question is
unique due to the frontage and limited depth of the lot, which would preclude a deeper garage.
The hardship in requesting the variance, he said, if that there are not a lot of options to
accommodate the benefit that others in the development enjoy - a 3-stall garage. Mr. Carlsen
asked if this application was the result of a zoning change. Mr. Turnblad explained that there are .'
two different zoning districts in Liberty on the Lake PUD - Cottage Residential and Traditional
.
r illwater
"~ ~
TH~IRTHPLACE OF MINNESOTA i)
/lNfl/ !Ofi;-o:;"
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#/6VD
;J.OOO:J..
Petition for Annexation
This Petition is Madethis.a day of ~,:;O~~~Y S~!:S"~A.
1. Property. S~ ~.."hiS owner of the property located at \W\,l\ Qo~~ ~'0
PID 30030,;;lcJ// 000/ legal to govern (lengthy legal) according to the plat
therein on file and of record in the Office of the County Recorder at Washington
County.
2. Adjacency. That the property of the owner is now within the Town of Stillwater
and is adjacent to and shares a border with the City of Stillwater (The "City") all in
. Washington County, Minnesota.
3. Orderly Annexation. That Section 4.09 of the Agreement Between the City of
Stillwater and the Town of Stillwater for Growth Management, Orderly Annexation
and the Exercise of Joint Powers for Planning and Land Use Control, dated August
16,1996 (The "Orderly Annexation Agreement") allows owners of property adjacent
to the City to petition for annexation of their property to the City.
4. Request. The owner therefore hereby petitions the City for annexation o~her
property to the City pursant to Section 4.09 of the Orderly Annexation Agreement.
Dated'
.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
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,
. Memo
To:
From:
Subject:
Date:
Joint Board
Steve Russell, Community Development Director
Expansion Area Building Permit Update for 2005
January 5, 2006
For calendar year 2005, building permits for 53 housing units were issued. The table
below shows total expansion area building permit activity for the 1996-2005 period.
The orderly annexation agreement allows building permits for 120 housing units per
year or 1,200.
Year Permits Issues Permits Allowed
1996 o housing units 120 housing units
1997 o housing units 120 housing units
1998 13 housing units 120 housing units
1999 104 housing units 120 housing units
2000 201 housing units 120 housing units
2001 228 housing units 120 housing units
. 2002 172 housing units 120 housing units
2003 142 housing units 120 housing units
2004 106 housing units 120 housing units
2005 53 housing units 120 housing units
Total 1,019 housing units 1,200 housing units
For 2005, 301 permits were available for issuance, 181 carryover and 120 for the 2006
allocation..
Recommendation: Receipt of annual building permit report.
Attachments: Orderly Annexation Section 4.01
'.
(, $
.
MEMORANDUM
.
TO:
Mayor and City Council
\L-C
FROM:
Klayton Eckles, Director of Public Works
DATE: February 2,2006
SUBJECT: Control and Timing of Future Development Activity
DISCUSSION
At the previous City Council meeting staff presented some challenges concerning workload
related to development activity and engineering issues in the City in general. As we
discussed, there are 14 tracts of property that are currently in discussion for possible
development. The Council directed staffto prepare a potential solution to the large wave of
development activity that's pending.
Because most of the property in question resides in the expansion area, and much of it is .
scheduled for 2015 annexation, the City has significant authority and prerogative concerning
the rate at which this development occurs. Under the orderly annexation agreement, property
does not get annexed into the city early unless the City, the Township, and the property
owner all agree that it is appropriate. Therefore the City Council can use its authority and
prerogative to set some guidelines and restrictions on how we might consider development
activity in the expansion area. Property that currently is not within the city has very little
rights and expectations should be limited.
Given that there are at least 14 properties and some of these would develop in a number of
phases, spreading these out over at least a 4 year period would yield a more uniform
development rate of about 5 developments per year. ill order to prioritize which
developments might be eligible to come in earlier staff looked at a number of issues. We
looked at whether the property has already been through or currently are in the approval
process, we also looked at whether or not the property is currently within the City. Using
this approach the following parcels will need to be accommodated in 2006.
· Liberty West - This property has already received preliminary plat approval
· Royal Oaks Realty Business Condos - This project has received approval from the
City Council.
· MillbrooklPalmer Site - This site has been in the review process for over two years
and it moving towards preliminary plat approval. Also it is in the Phase 3 Annexation
Area.
./
.
,
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.
· Settler's Glen 9th Addition - This is a previously approved preliminary plat and it
has already been annexed into the City.
· McKenzie Miesterling - This property is currently in discussion with city staff. All
of parcels involved are currently within the City.
This list would make 2006 a very full and active year. For 2007 there are a number of
projects that will likely want to move forward and have some justification for doing so.
Recommended parcels for consideration include:
· Bruggeman Development - This property located off Boutwell Road will see trunk
facilities installed in 2006. This property owner has been working for several years to
put together development concept involving a number of parcels.
· Carlson Property - This property located at the NW intersection ofMcKusick and
Neal is cooperating in the trunk utility extension to serve Millbrook. It adjoins
Millbrook and would be fairly easy to serve.
· Mary Lane Parcels - On Mary Lane near Manning and McKusick Road there are 3
tracts working towards development. Trunk utilities will pass through this area in
order to serve Millbrook therefore its likely one of these will be eligible and ready for
development in 2007.
· The parcel located at the NE corner of County Rd 12 and 15. This one has been
under consideration for a couple of years and services are available.
.
Looking out further into the future, in 2008 and 2009, priorities could be reconsidered. But
some of the parcels that would see additional effort would include future phases of
Millbrook, the BergmarmProperty, the Heifort Property, additional properties off of Mary
Lane and additional properties off of Boutwell Road. Obviously reprioritizing can occur
each year but 2006 it is recommended that City Council adopt the timeline presented in order
to set some expectations for landowners in the area.
RECOMMENDATION
If Council concurs with the timeline presented, Council should consider passing a resolution
adopting a policy of controlled growth in the expansion area that is managed according to the
timeline presented in this memorandum.
.
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RESOLUTION NO. 2006-
A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER
PURSUANT TO TIlE JOINT RESOLUTION OF THE CITY
AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION
DATED AUGUST 16, 1996.
WHEREAS, Scott M. Junker ("Owner"), has petitioned that land owned by him at 12764
Boutwell Road, in Section 30, Township 30 North, Range 20 West, in the Town of Stillwater
("Town"), described on Exhibit "A" and shown on the map attached as Exhibit "B" (the "Land")
be annexed to the City of Stillwater ("City") pursuant to the provisions of the Joint Resolutions
as to Orderly Annexation of the City and Town of Stillwater, dated August 16, 19%; and
WHEREAS, the Land is included within Phase N of the area designated for orderly
annexation; and
WHEREAS, the Land contains 2.3 acres and is contiguous to the City. The Land is
improved with one residential home and is proposed for further development into single family
lots. Municipal services such as water, sanitary sewer and storm sewer will be available to the
Land by September 1, 2006; and
WHEREAS, Section 4.01 of the Orderly Annexation Agreement provides that the Land is
"Phase IV" land and may be annexed to the City pursuant to Section 4.09 of the Agreement
provided that the annexation will not create a level of growth that will not exceed a one hundred
twenty (120) dwelling unit per year limitation; and
WHEREAS, that as of the date of this Resolution, 1,019 building permits for dwelling
units have been issued for the Orderly Annexation Area since 1996 and the number of allowed
dwelling units (to the extent not built) aggregates each year. That as of the date of this
Resolution, there was capacity for 301 dwelling units in the Orderly Annexation Area without
exceeding the growth limitations in the Orderly Annexation Agreement and the projected units
expected to be yielded on the Land will not cause conflict with growth limitations contained in
the Orderly Annexation Agreement.
WHEREAS, it further appears to the City Council, that the annexation does not conflict,
in any way, with the Joint Resolution Agreement of the City and Town of Stillwater, relating to
orderly annexation dated August 16, 1996, and has been approved by the Joint Board that was
created by the Joint Resolution for administration for certain planning functions within the
Orderly Annexation Area; and for a period of 30 days, as provided by Section 2.01 of the
Orderly Annexation Agreement, the Minnesota Municipal Board may review and comment only
before ordering the annexation.
NOW, TIIEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater
as follows:
"
\
1.
That this Resolution be submitted, forthwi~ by the City Clerk to the Executive
Director of the Minnesota Municipal Board for the purpose of annexing the Land
described in Exhibit "A" to the City, all as provided by Subdivision 1 of Section
414.0325 of the Minnesota Statutes relating to orderly annexations within a
designated area; and for a period of 30 days, as provided for by Section 2.01 of
the Orderly Annexation Agreement, the Minnesota Municipal Board may review
and comment only before ordering the annexation.
.
2. For the purpose of this annexation proceeding, the City Council hereby
determines that the Land described in Exhibits "A"is now or about to become
urban and the City is capable of providing the services required by the area within
a reasonable time. It is further determined that the annexation of the City would
be in the best interests of the Land.
3. After the annexation, the real estate taxes, with respect to the land, will be divided
as provided by Section 7.03 of the Joint Resolution.
BE IF FURTHER RESOLVED, that a map with the Land proposed for annexation
designated thereon and marked as Exhibit "B" to this Resolution be submitted to the Minnesota
Municipal Board along with a certified copy of this Resolution.
BE IF FURTHER RESOLVED, that the Clerk submit copies of this Resolution with
copies of the map to the Town Board of the Town of Stillwater and the Joint Powers Committee.
Adopted by the City Council of the City of Stillwater this _ day of
.
, 2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATfEST:
Diane F. Ward, Clerk
.
".
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.
EXlDBIT A
.
.
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· (water
Junker An..exation
Location Map
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.
.
.
Memo
To:
From:
Date:
Subject:
Mayor and City Council
Bill Turnbladl Community Development Director
May 111 2006
Millbrook Development Public Hearings (Case Nos. lAMj06-01;
lAM/06-02; lAMj06-03; PUDj06-07; 5UBj06-06 and ANNj06-01).
Due to issues with the Watershed District and MnDOT, these public hearings will need
to be continued until a future date.
.'"
.
Memorandum
.
City of Stillwater
Community Development Department
To:
From:
Mayor and City Council
Bill Turnblad, Community Development Directo~
Date:
May 10, 2006
Re:
City of Stillwater Request for Annexation
Property adjacent to Boutwell Road, just east of Neal Avenue
Case No. ANN/06-03
REQUEST
The Public Works Department is requesting the annexation of a 0.36 acre parcel of property located
on Boutwell Road 328 feet southeasterly of the Neal Avenue intersection. (See attached location
map.) The property is proposed for use as a stormwater pond associated with improvements to
Boutwell Road.
ANALYSIS
.
The subject property is owned by Stillwater Township. It is a 15,822 square foot parcel oflowland,
except for the rail bed of the former trolley line which ran along the northwesterly property line. The
property was dedicated as parkland with the development of the abutting land. The physical
characteristics and public ownership of the property make it an attractive location for a pond to treat
stormwater runoff from Boutwell Road after it is reconstructed this year.
Since the land was earmarked for parkland, the Joint Board and neighbors would like to see a rest
area with at least a bench. A trail will be constructed along the northerly side of Boutwell Road and
the rest area could serve trail users. The Stillwater Public Works Department believes this is
feasible.
AL TERNA TIVES
The Joint Board has the following options:
1. Approve the requested annexation
2. Deny the requested annexation
3. Continue the public hearing until the next Council meeting for more information
RECOMMENDATION
.
· Joint Board - On April 26, 2006 the Joint Board considered the case and approved it on a 4-0
vote, with a condition that a rest area be provided for trail users.
· City staff -Staff believes that the parcel's lowlands make it a good candidate for the
necessary stormwater pond for the Boutwell Road improvement project, therefore we
recommend approval of the annexation.
Attachment:
Location map
Site Details map
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RESOLUTION NO. 2006-
A RESOLUTION ANNEXING LAND TO TIlE CITY OF STILLWATER
PURSUANT TO THE JOINT RESOLUTION OF THE CITY
AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION
DATED AUGUST 16, 1996.
WHEREAS, the City of Stillwater, Washington County, Minnesota ("City"), has
petitioned that land adjacent to Boutwell Road, in Section 30, Township 30 North, Range 20
West, in the Town of Stillwater ("Town"), described on Exhibit "A" and shown on the map
attached as Exhibit "B" (the "Land")be annexed to the City of Stillwater ("City") pursuant to the
provisions of the Joint Resolutions as to Orderly Annexation of the City and Town of Stillwater,
dated August 16, 1996; and
" WHEREAS, the Land is included within Phase N of the area designated for orderly
annexation; and
WHEREAS, the Land contains .36 acres and is adjacent to the City. The Land is
unimproved and will continue to be used partially as a storm sewer holding pond and partially as
a passive park and is not proposed for residential development; and
WHEREAS, Section 4.01 of the Orderly Annexation Agreement provides that the Land is
"Phase N" land and may be annexed to the City pursuant to Section 4.09 of the Agreement
provided that the annexation will not create a level of growth that will not exceed a one hundred
twenty (120) dwelling unit per year limitation; and
WHEREAS, that as of the date of this Resolution, 1,019 building permits for dwelling
units have been issued for the Orderly Annexation Area since 1996 and the number of allowed
dwelling units (to the extent not built) aggregates each year. That as of the date of this
Resolution, there was capacity for 301 dwelling units in the Orderly Annexation Area without
exceeding the growth limitations in the Orderly Annexation Agreement and no units will be
yielded on the Land and the annexation will not cause conflict with growth limitations contained
in the Orderly Annexation Agreement.
WHEREAS, it further appears to the City Council, that the annexation does not conflict,
in any way, with the Joint Resolution Agreement of the City and Town of Stillwater, relating to
orderly annexation dated August 16, 1996, and has been approved by the Joint Board that was
created by the Joint Resolution for administration for certain planning functions within the
Orderly Annexation Area; and for a period of 30 days, as provided by Section 2.01 of the
Orderly Annexation Agreement, the Minnesota Municipal Board may review and comment only
before ordering the annexation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater
as follows:
""
'"'
,
1.
That this Resolution be submitted, forthwith, by the City Clerk to the Executive
Director of the Minnesota Municipal Board for the purpose of annexing the Land
described in Exhibit "A" to the City, all as provided by Subdivision 1 of Section
414.0325 of the Minnesota Statutes relating to orderly annexations within a
designated area; and for a period of 30 days, as provided for by Section 2.01 of
the Orderly Annexation Agreement, the Minnesota Municipal Board may review
and comment only before ordering the annexation.
.
2. For the purpose of this annexation proceeding, the City Council hereby
determines that the Land described in Exhibits "A"is now or about to become
urban and the City is capable of providing the services required by the area within
a reasonable time. It is further determined that the annexation of the City would
be in the best interests of the Land.
3. After the annexation, any real estate taxes, with respect to the land, will be
divided as provided by Section 7.03 of the Joint Resolution, however, the
property is now classified as exempt from real estate taaxes because of public use
and will remain in that status. It is, therefore, expected that the land will not
generate real estate taxes.
BE IF FURTHER RESOLVED, that a map with the Land proposed for annexation
designated thereon and marked as Exhibit "B" to this Resolution be submitted to the Minnesota
Municipal Board along with a certified copy of this Resolution. .
BE IF FURTHER RESOLVED, that the Clerk submit copies of this Resolution with
copies of the map to the Town Board of the Town of Stillwater and the Joint Powers Committee.
Adopted by the City Council of the City of Stillwater this _ day of January, 2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, Clerk
.
".
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.
EXlDBIT A
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Memorandum
City of Stillwater
Community Development Department
To:
From:
Mayor and City Council
Bill Turnblad, Community Development Directo~
Date:
May 10, 2006
Re:
City of Stillwater Request for Annexation
Neal Avenue between Boutwell Rd and RR
Case No. ANN/06-04
REQUEST
.
The Public Works Department is requesting the annexation of about a one-half mile segment
of Neal Avenue. The segment of road lies between the northerly right-of-way line of
Boutwell Road and the northerly right-of-way line ofthe Minnesota Zephyr railroad. (See
attached location map.) The purpose ofthe requested annexation is to add this stretch of
Neal A venue to the state aid system.
ANALYSIS
The Public Works Department hopes to reconstruct the subject segment of Neal Avenue in
the next four to five years. Annexation of the road segment would allow the accumulation
oftime necessary to be able to partially fund the reconstruction with state aid funds.
Recommendations
· Joint Board - On April 26, 2006 the Joint Board considered the case and approved it
on a 4-0 vote.
· City staff -Staff recommends approval of the annexation.
AL TERNA TIVES
The City Council has the following options:
1. Approve the requested annexation.
2. Deny the requested annexation.
3. Table the request for further information.
Attachments: Location map
.
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EXlDBIT A
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RESOLUTION NO. 2006-
A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER
PURSUANT TO THE JOINT RESOLUTION OF THE CITY
AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION
DATED AUGUST 16, 1996.
WHEREAS, the City of Stillwater, Washington County, Minnesota ("City"), has
petitioned that land used as the right-Qf-way of Neal Avenue in Section 30, Township 30 North,
Range 20 West, in the Town of Stillwater ("Town"), described on Exhibit "A" and shown on the
map attached as Exhibit "B" (the "Land")be annexed to the City of Stillwater ("City") pursuant
to the provisions of the Joint Resolutions as to Orderly Annexation of the City and Town of
Stillwater, dated August 16, 1996; and
WHEREAS, the Land is included within Phase N of the area designated for orderly
annexation; and
WHEREAS, the Land includes only the right-Qf-way with Neal Avenue North
contiguous to the City. The Land is unimproved and is not proposed for further development;
and
WHEREAS, Section 4.01 of the Orderly Annexation Agreement provides that the Land is
"Phase N" land and may be annexed to the City pursuant to Section 4.09 of the Agreement
provided that the annexation will not create a level of growth that will not exceed a one hundred
twenty (120) dwelling unit per year limitation; and
WHEREAS, that as of the date of this Resolution, 1,019 building permits for dwelling
units have been issued for the Orderly Annexation Area since 1996 and the number of allowed
dwelling units (to the extent not built) aggregates each year. That as of the date of this
Resolution, there was capacity for 301 dwelling units in the Orderly Annexation Area without
exceeding the growth limitations in the Orderly Annexation Agreement and because no units will
be yielded on the Land, the annexation will not cause conflict with growth limitations contained
in the Orderly Annexation Agreement.
WHEREAS, it further appears to the City Council, that the annexation does not conflict,
in any way, with the Joint Resolution Agreement of the City and Town of Stillwater, relating to
orderly annexation dated August 16, 1996, and has been approved by the Joint Board that was
created by the Joint Resolution for administration for certain planning functions within the
Orderly Annexation Area; and for a period of 30 days, as provided by Section 2.01 of the
Orderly Annexation Agreement, the Minnesota Municipal Board may review and comment only
before ordering the annexation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater
as follows:
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MEMORANDUM
TO:
Mayor and City Council
S~
Shawn Sanders, Interim Public Works Director
FROM:
DATE:
May 11, 2006
SUBJECT:
2006 Street Improvement Project - Street Lights
Project 2006-02
DISCUSSION
On Wednesday May 3,2006, a neighborhood meeting was held to discuss the street
improvement project for the Forest Hills neighborhood. As part ofthe agenda a
discussion was held regarding the revised street lighting plan, where five more lights
were added to the originally proposed of eight lights. (See attached light plan) There
seem to be overall support for the revised plan with the thirteen lights. The cost for the
lights would be $61,500.00 and using the method ofpayrnent where the cost original
eight lights, $40,000.00 would be paid for by the city and $21,500 would be assessed to
the property owners. This would amount to an assessment rate of$277.50 per lot.
RECOMMENDATION
It is recommended that Council approve the lighting plan for the 2006 Street Improvement
Project and approve the proposed assessment rate of $277.50 per lot.
ACTION REQUIRED
If Council concurs with staff recommendation Council should pass a motion accepting
RESOLUTION 2006- ACCEPTING ADMENDED REPORT ON 2006 STREET
IMPROVEMENT PROJECT FOR STREET LIGHTS (PROJECT 2006-02).
RESOLUTION ACCEPTING ADMENDED REPORT ON
2006 STREET IMPROVEMENT PROJECT FOR STREET LIGHTS
(PROJECT 2006-02)
WHEREAS, pursuant to resolution of the council adopted April 14, 2006, a report has been
prepared by the City Engineer with reference to the 2006 Street Improvement Project for
additional street lights; and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER,
MINNESOTA:
1.
The council will consider the improvement of such street lights in accordance with the
report and the assessment of abutting property for a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of$61,500.00
Adopted by the City Council of the City of Stillwater this 16th day of May, 2006.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
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LUMBERJACK DAYS AGREEMENT
This Agreement between the City of Stillwater, Washington County, Minnesota
("City"), in conjunction with the Lumberjack Days Celebration of 2006, part of a
community wide celebration of the City (the "Celebration"); the Lumberjack Days
Festival Association, Inc., a Minnesota non—profit corporation ("Association"), that has
been granted authority to dispense intoxicating liquor pursuant to Minn. Stat.
§340A.404, subd. 10 ("Liquor").
I. Celebration. The City has encouraged a community wide celebration in
order to foster and promote tourism within the City of Stillwater and encourage
commerce within the City that will ultimately increase property values and the quality of
life within the City, thereby promoting the welfare of the City. The date of the
Celebration will be July 20, 2006 through July 23, 2006, ending with the fireworks.
2. The Association. Lumberjack Days Festival Association, Inc. has been
granted authority to dispense intoxicating Liquor at the Celebration and has contracted
with the Association for the administration of the Beer Garden where the Liquor will be
dispensed. It is the purpose of this Agreement to set forth the terms and conditions that
will control the dispensing of Liquor at the Celebration.
3. The Area. The premise where dispensing will be permitted is the area
bordered by the Minnesota Commercial Railroad Track on the west; approximately 100
feet south of P.D. Pappy's on the north (the exact location of the Boundary will be
determined by the Police Chief); the St. Croix River on the east; and the north edge of
Chestnut Street on the south (the "Area"). The Association is also allowed use of Lowell
Park south of the Lift Bridge and north of Nelson Street, however, no alcohol may be
dispensed in the area south of the Bridge.
4. Fencing. The Area must be securely fenced by the Association. The
fencing must be adequate to insure that alcohol sales and consumption remain inside
the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol
sales in the area. The adequacy of exiting in the fence must comply with the Minnesota
Fire Code as administered by the City Fire Chief.
5. Crowd Management.
ment.
(a) The Association will contribute to the cost of providing uniformed, licensed
peace officers and fire firefighters for the Celebration. The contribution
level for Police and Fire Fighters will not exceed $40,000. Payment shall
be due on or before December 31, 2006.
(b) The Association will provide, at no cost to the City, privately paid
professional uniformed security officers equipped with radios. All security
officers will be suitably identifiable. The number and deployment of the
"l>
Security force must be approved in writing by the Stillwater Police Chief by .
June 1, 2006.
(c) For the purpose of this plan, all Entry/Exit gates to the park must be
controlled by security personnel while alcohol is being served. At each of
these entry/exit points, a paid professional security guard must be in place
to insure that no beer or Liquor enter or leave the park area.
(d) Signage will be prominently displayed at each entry/exit point to notify
guests that no Liquor/beer will be allowed in or out of the area.
(e) Private paid security officers will roam the Area checking to ensure that
each beer drinker is wearing a Lumberjack Days 2006 beer drinking
bracelet. Signs will be displayed throughout the area notifying guests that
they must be wearing a beer drinking bracelet to be drinking a beer.
(f) The Association must prepare an overall site plan for the Celebration that
depicts the location of fencing, vendors, and exits. The plan must be
presented to both the Police and Fire Chief and be approved by both
before May 15, 2006.
(g)
The Association will work with City Staff to explore the feasibility of a
parking and shuttle plan for the Celebration.
liquor Control:
.
6.
(a) Identification Bracelets. The Association will provide at no charge liquor
identification bracelets at a minimum of four (4) different locations in the
area. The Association will permit no one to consume Liquor unless they
are wearing an identification bracelet. The Association will be responsible
for the issuance of bracelets and that the bracelets are given only to those
who are legally entitled to consume Liquor. The Association will direct its
private security forces to give extra attention to enforcing the bracelet
requirements and to crack down on abuses.
(b) No Other Alcoho/ or Coolers. No Liquor is allowed in the Area except that
Liquor which is sold by the Association. The Association is responsible to
see that no other Liquor is brought into the Area. The Association must
not allow bottles, containers or coolers to be brought into the Area.
Compliance Program. Prior to the opening date of Lumberjack Days
2006, the Association must develop a complete management policy or
program regarding all aspects of alcohol compliance, including the
problem of the under-aged consumer, sales after hours, sales off the
premises in open containers, over-serving and the recognition of false
identification. The City Police Chief must approve the policy before
implementation. The Association must train all alcohol servers with regard
(c)
.
2
,
1
.
to the policy, including instruction by a professional recognized in the area
of alcohol awareness before the opening date of the Celebration.
Compliance Inspection. The Association acknowledges that as a liquor
license holder for the Celebration, it is subject to Stillwater City Code ~43-
8, which authorizes that all premises from which intoxicating Liquor is
offered at on-sale, are subject to inspection for alcohol compliance by any
police officer, health officer, or other designated officer or employee of the
City during all hours the Area is open for the serving of alcohol.
7. Insurance. The Association must provide to the City satisfactory proof that
it has obtained liability insurance that names the Association and the City as an
additional insured, as loss payees, in an amount of at least $1,000,000.00 combined
single limit, for loss sustained by either acts or occurrences that arise from or grow out
of the Celebration, and Liquor Liability coverage as described in Minn. Stat. ~340A.409,
evidenced at a minimum, the coverage described in Minn. Stat. ~340A.409, subd. 1.
(d)
8. Siqns. The Association will post signs, the number and content of which
must be approved by the City Police Chief describing the regulations prohibiting Liquor
outside of the Area, as well as the prohibition against participants bringing their own
Liquor into the Area and the requirement for identification bracelets must be worn to
consume alcohol.
. 9. Noise Control. The Association is responsible to control the noise
emanating from the Area at a level that will not interfere with the peace and repose of
the residential area on the bluffs on the north, west and south edges of the downtown.
10. Hours of Operation. Liquor sales will cease 20 minutes before the last
band finishes playing, but in no event may liquor be served later than 10:40 p.m. on
each day until 12:00 p.m. (noon) the next day. No bands or other music will be played
after 11:00 p.m. No Liquor may be dispensed after 10:40 p.m. and no food may be
served by vendors after 11 :30 p.m.
11. Police Power. The City reserves the right to order a shut down of the Area
in the event the Chief of Police determines, in his sole discretion, that the public safety
is threatened or any condition of this Agreement is violated. In that event, the
Association will cease dispensing Liquor and must assist the police in the clearing of the
Area. The park will be closed at midnight.
12. Public Information. As soon as practicable after furnishing the main
schedule, the Association will publish and widely distribute a schedule of events. After
the Celebration closes, the Association will prepare a press release describing the
charities that benefit from the Celebration. On or before June 15, 2006, the Association
will conduct a marketing workshop to provide information to merchants in the Historic
District regarding Celebration businesses and marketing opportunities.
.
3
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~
] 3. Exclusive Use of Lowell Park. In return for the exclusive use of the North .
and South End Lowell Park and the right to sublease spaces within the north end of
Lowell Park only, the Association hereby agrees to the following stipulations:
(a) The Association will pay a damage deposit of $250 and a users fee of
$500 to be paid at the signing of this Agreement. The damage deposit of
$250 to be refunded, in whole or in part, depending on the amount of
damage, if any, as determined by the City of Stillwater Parks Director.
(b) The Association shall furnish dumpsters or roll-off boxes in sufficient
quantity to contain the accumulation of trash generated by the Celebration
and shall see that all trash is pickup up daily and deposited in dumpsters,
including the emptying of park trash receptacles.
(c) The Association shall furnish adequate portable restrooms to facilitate
expected crowds. Additional portable restrooms must be provided by the
Association if deemed necessary to protect public health as determined by
the Chief of Police.
] 4. Fireworks. The City agrees to act as a depository for funds donated for
the purpose of the community Lumberjack Days fireworks exhibition. The funds will be
held in trust' for the Association and paid over to the Association upon receipt subject to
the continuing obligation of the Association to recognize that the funds be used as .
intended by the donor. Further, the City will contribute $15,000.00 toward the costs of
firework displays on July 4 and July 21, 2006, to be paid over to the Association upon
the execution of this Agreement.
15. Music. Musical entertainment for the entire Celebration must be selected
with the approval of the Entertainment Committee that was appointed by the City
Council. The Entertainment Committee must also review and approve the Media
Advertising Campaign before the campaign is implemented.
16. Downtown Clean Up: On the day following close of the Celebration,
weather permitting, the Association will clean Lowell Park and sweep the streets in the
Downtown Area that have been impacted by the Celebration.
17. Hold Harmless and Indemnify. The Association agrees to hold the City
harmless and to indemnify and defend the City with regard to any claims causes of
action or demands that might be brought against the City arising out of the activities in
the Area including the dispensing of Liquor pursuant to this Agreement.
.
4
.
.
.
IN WITNESS WHEREOF, the parties have set their hands this
,2006.
day of
LUMBERJACK DAYS FESTIVAL
ASSOCIATION, INC.
By
Its
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of May,
2006, by , the , duly
authorized agent for Lumberjack Days Festival Association, Inc., a Minnesota non-profit
corporation.
Notary Public
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
ATTEST:
Diane F. Ward, Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of May,
2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater.
Notary Public
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216 N. 4t1t Street
Stillwater, iJ1!~ 55082
TelclJlwue: 651.430.8800 Fax: 651.430.8809
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Submittal Date:
APPLICATION FOR SPECIAL EVENT
All items on application MUST be completed and received by the City 45 days prior to proposed
event
Incomplete applications will not be processed
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Type of
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Non-Profit
For-Profit
APPLICANT INFORMA HON
Organization
Contact Person
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Address
City
State (V1Y\.
Zip "'37) c:>v.. .
Daytime Phone
EVENT INFORMA TlON (Special Events involving the use of City Property may require Park Board or Parking
Commission Review. Events on Private Property may require Planning Commission review)
D~ /1'5 /Oll'::)
Date(s) of Event
.
Hours of Event
(Special Events conducted after 10:00 p.m., require
Council approval of a variance to the noise ordinance)
Purpose & Des_";Pt'on of EV,ent '2 5\. ~ cOt.. \- hJL \'P<' K
C., J"""~G\.~.~bL
Prop~~ed Location of Event (be - , ~1 \~ cr: "'If Lowell Park is to be
spec,f,c) ~~ ~_~l(/ used:
North Lowell Park or
or-d ?=-CEC. e:rd G - -F . South Lowell Park
(Circle which one or both)
Type of Event ~~
Estimated number of people to ~
attend .~ -
Following Information must be supplied
(Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space)
Selling Alcohol ~J.a Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day
Permit to Consume f'.i:ja (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee)
.'te Map (,equked) _ (attach to application) ~, !? _ .
Impact on M'ng (..quked) ;25 '5~ ~i~~~~'3 "5r,-d-s
(CONTINUE ON BACK)
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Special Signage
w/e
Describe:
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Letter of Approval by Property Owner if on Private /1/"\
Property (attach to application) ~
Tents or Membrane StructurestJ Size Location N ~
Cooking Operations Propanef1/ IA Deep fat frying ~
Water Activities (River/Lakes) River Lake Name: #A
EMS Needs I'i--kEMT Standby
Open Flame or Burning j Descrlobe
Operations
Fireworks
Street Closure What Streets: ~~ lei-. ~ <"'~n:-?r
(Required if alcohol is being served on public property and attendance is over 75
i;eOPle or at the discretion of the Police Chief) - Contact Stillwater Police (651-
M 4351-4900) to arrange for officer
Applicant to pay for restrooms - Contact Public Works 275-4100)
;!Je
.
Exiting Points ^ / / A
Other~
Ambulance
Standby
Fire
Department
Standby
Police Officer Needed
Restrooms (Portable)
Live Entertainment
Type of Music
Community Development
City Administrator
City Clerk
[JZf Comments:
Police Chief
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Fire Chief
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Public Works Director
Public Works Superintendent
Parks Board Approval Required
Planning Comm. Appro Required
City Council Approval Required
FEES (if applicable)
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Permit to Consume:
Temporary Liquor License
$25.00 per day
Event Fee
Deposit $250.00
Other Fees:
e
TOTAL FEES
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.
.
.
City Council Meeting - 05-10
May 3, 2005
proponent of sidewalks, he felt that if the residents didn't want it that he could not
support sidewalks on 5th Street.
Councilmember Polehna concurred with Council member Junker and stated that he
could not support the sidewalks on 5th Street.
Motion by Council member Ha~cki, seconded by Council member Junker to proceed with the
project without sidewalks on 5t Street.
Ayes: Councilmembers Polehna, Harycki, Junker and Mayor Kimble
Nays: Councilmember Milbrandt
NEW BUSINESS
Possible approval of Special Event Request for Freight House - "Rumble on the Deck"
City Administrator Hansen reviewed the special event request for the Freight House's
Rumble on the Deck. He said that the request was referred to the Downtown Parking
Commission for their recommendation. They recommended approval to the Council
subject to the Freight House paying $300 for the use of the parking lot and that they
sweep the parking lot and respective area after the event and provide a certificate of
insurance indicating the City as an additional insured.
Police Chief Dauffenbach said that this event has not posed a problem in the past.
Mr. John Daley indicated that the conditions were acceptable to the Freight House.
Motion by Councilmember Junker, seconded by Councilmember Harycki to approve the
Special Event Request - "Rumble on the Deck" subject to the Freight House paying $300 for
the use of the parking lot, sweeping the parking lot and respective area after the event and
providing a certificate of insurance indicating the City as an additional insured. All in favor.
Possible Final Plat approval for Meadow View Ridqe Case No. SUB-F/05-24
Community Development Director Russell reviewed the final plat request for a four lot
subdivision at 1030 St. Croix Avenue. He said that the preliminary plat for the
subdivision was approved April 5, 2005 and that the final plat is consistent with the
prelimary plat as conditioned and approved by the City Engineer. He stated that the
park dedication would be $3,800.
Motion by Councilmember Milbrandt, seconded by Council member Junker to adopt
Resolution 2005-103, approving final plat for Meadow View Ridge.
Page 9 of 11
I ~
. MEMORANDUM
TO:
Mayor and City Council
Shawn Sanders, Interim Public ~ Director
FROM:
DATE:
May 11, 2006
SUBJECT:
McKusick Lake Water Quality Management Project
DISCUSSION
In the spring and summer of2005, McKusick Lake suffered a serious algae bloom.
Despite the improved water quality, the lake saw an unusual growth of algae that caused
aesthetic problems for residents living near the lake. As a result, last fall Bonestroo,
completed a study of the lake and presented to residents and to Council. The conclusion
of the report was that McKusick Lake is a shallow urban lake and that we should expect
to have vigorous plant growth. The challenge for McKusick Lake is managing the type
of plant. The study and neighborhood meeting concluded the best way to manage and to
preserve water quality is via harvesting.
.
Staff has been in contact with the Minnesota Department of Natural Resources and
apparently no permits are required to harvest algae. So harvesting of the entire lake could
be completed at one time. Also, a permit for a boat launch is not necessary, since there
are a few locations on the lake where a harvester could be backed into the lake on a trailer
without the need for a launching site.
It is estimated that harvesting the algae would take 2 hours per acre at an estimated cost
of$250 per acre. The area of McKusick Lake is approximately 46 acres, which amounts
to an estimated project cost of $31 ,050.00. This amount includes the actual work,
engineering, and administration.
It is proposed to assess 50% of the project costs to the properties along the lake who have
a view of the lake. There are 72 properties that would be included in the "view shed" of
McKusick Lake resulting in an assessment of $215 per property. The remaining portion
would paid for by the City
RECOMMENDATION
Since the project is technically and financially feasible, it is recommended that Council
approve the feasibility study for the McKusick Lake Water Quality Management Project
and order a Public Hearing scheduled for June 20,2006 at 7:00 p.m.
.
ACTION REQUIRED
If Council concurs with staff recommendation Council should pass a motion accepting
RESOLUTION 2006- RECEIVING REPORT AND CALLING HEARING ON
MCKUSICK LAKE WATER QUALITY MANAGEMENT PROJECT (PROJECT
2005-11).
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
ON MCKUSICK LAKE WATER QUALITY MANAGEMENT PROJECT
(PROJECT 2005-11)
WHEREAS, pursuant to resolution of the Council adopted April 4, 2006, a report has been
prepared by the City Engineer with reference to McKusick Lake Improvements; and
WHEREAS, the report provides information regarding whether the improvement project is
necessary, cost-effective, and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. The council will consider the improvement of such improvement in accordance with the
report and the assessment of abutting property for a portion of the cost of the proj ect
pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the
improvement of $31 ,050.00.
2.
A public hearing shall be held on such proposed improvement on the 20th day of June
2006, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible
thereafter, and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
Adopted by the City Council of the City of Stillwater this 16th day of May 2006.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
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Memorandum
City of Stillwater
Community Development Department
To:
Mayor and City Council
Bill Turnblad, Community Development DirectorP~
From:
Date:
May 12, 2006
Re:
Royal Oaks Realty - Stillwater Town Office
Approval of Final Plat and Development Agreement
Case No. SUB/06-14
REQUEST
.
Mr. Mike Black of Royal Oaks Realty has made application for the final plat of a project
known as Stillwater Town Office. The project is located at 1749 Greeley Street and will
create an eight-building, 20 lot subdivision. One of the buildings is the current office
building ownedby Ogren Properties Group. The other seven buildings will contain two' or
three office units each.
ANAL YSIS
The final plat is consistent with the approved preliminary plat. The conditions attached to
preliminary plat approval are addressed below.
.
1. Buildings on Lots 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.
The Public Works Director has settled on a stormwater piping system for
these six lots. The revision has been included in the revised grading and
utility plans. The outlet structure and overland flow of storm water is located
on the County property to the north. This requires an easement, which the
County has verbally agreed to provide. The easement will have to be fully
executed prior to release of the plat from City offices.
2. The landscape plan shall be planted before building occupancy.
This condition will be attached to the final plat approval.
3. Any building signage shall require a sign permit.
This condition will be attached to the final plat approval.
4. Before project grading, the existing trees that are scheduled to be preserved shall be
protected by fencing.
This condition will be attached to the final plat approval.
5. A preconstruction conference shall be held to review tree protection and erosion
control measures before grading begins.
This condition will be attached to the final plat approval.
Page 2
Stillwater Town Office
.
6. The landscape plan shall be modified to add evergreen trees separating the rear ofthe
project from residents to the east.
This condition will be attached to the final plat approval. Prior to issuance
of any building permits, the developer will need to modify the landscaping
plan in a manner found acceptable to the Community Development Director.
7. Rear lighting shall be directed downward or pedestrian sidewalk lighting direct away
from the residential neighborhood to the east.
This condition will be attached to the final plat approval.
8. Light poles height shall be 20 feet including base and approved by the Community
Development Director.
This condition will be attached to the final plat approval.
9. A development agreement for the project shall be entered into with the City before
final plat recording.
This condition will be attached to the final plat approval.
AL TERNA TIYES
The City Council has the following options:
1. Approve the final plat and development agreement with conditions.
2. Deny the final plat and development agreement.
3. Continue the discussion at the next Council meeting.
.
RECOMMENDA TION
Since the final plat is consistent with the approved preliminary plat, City staff recommends
approval of the attached development agreement and the plat with the nine conditions
detailed above.
cc: Mike Black
Attachments:
Resolution of Approval
Location map
Preliminary Plat
Final Plat
Development Agreement
.
.
RESOLUTION NO. 2006-
A RESOLUTION APPROVING A FINAL PLAT AND
DEVELOPMENT AGREEMENT
FOR PROPERTY LOCATED AT 1749 SOUTH GREELEY
SAID PLAT TO BE KNOWN AS STILLWATER TOWN OFFICE
CASE NO. SUB/06-14
WHEREAS, Royal Oaks Realty, Inc. made application for approval of a final plat
to be known as STILLWATER TOWN OFFICE, said plat containing 20 lots; and
WHEREAS, on December 12, 2005 the Planning Commission held a public
hearing and approved the preliminary plat for STILL WATER TOWN OFFICE with
conditions; and
WHEREAS, on January 3, 2006 the City Council held a public hearing and
approved the preliminary plat for STILLWATER TOWN OFFICE with conditions; and
.
WHEREAS, the final plat of STILL WATER TOWN OFFICE is consistent with
the approved preliminary plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the final plat of STILLWATER TOWN OFFICE with the
following conditions:
2.
3.
4.
5.
6.
7.
8.
. 9.
1. Prior to release of the final plat from City Offices, the property owner abutting the
plat on the north shall execute and submit to the City a stormwater easement to
accommodate planned stormwater utility improvements.
The landscape plan shall be planted before building occupancy.
Any building signage shall require a sign permit.
Before proj ect grading, the existing trees that are scheduled to be preserved shall
be protected by fencing.
A preconstruction conference shall be held to review tree protection and erosion
control measures before grading begins.
The landscape plan shall be modified to add evergreen trees separating the rear of
the project from residents to the east.
Rear lighting shall be directed downward or pedestrian sidewalk lighting direct
away from the residential neighborhood to the east.
Light poles height shall be 20 feet including base and approved by the
Community Development Director.
A development agreement for the project shall be entered into with the City
before final plat recording.
.
Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of May,
2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, Clerk
.
.
City of
· (water
Royal Oaks Realty
Location Map
Exhibit A
.
.
.
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05/12/06 - DRAFT
DEVELOPMENT AGREEMENT
RELATING TO
STILLWATER TOWN OFFICE
BETWEEN
CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
AND
.
OGREN PROPERTIES GROUP, LLP\
AND
ROYAL OAKS REALY, INC.
This agreement was drafted by:
.
David T. Magnuson, #66400
Magnuson Law Firm
333 North Main Street, Suite 202
Stillwater, MN 55082
651/439-9464
.
.
.
DEVELOPMENT AGREEMENT RELATING TO
STILLWATER TOWN OFFICE BY AND BETWEEN
THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
AND OGREN PROPERTIES GROUP, LLP
THIS AGREEMENT, made this day of ,2006, between the City
of Stillwater, a political subdivision of the State of Minnesota, ("City"), Ogren Properties Group,
LLP, a Minnesota Limited Liability Partnership and Royal Oaks Realty, Inc. (the "Developers");
WITNESSETH THAT, the parties hereto recite and agree as follows:
SECTION 1. RECITALS.
1.01 The Property. Before beginning work on the Improvements, the Developers must own the
property described in the attached Exhibit "A" (the "Property") comprising 5.14 acres more
or less located within the BP-I Zoning District in the City of Stillwater, Washington County,
Minnesota. An agreement with the fee owner that permits construction ofthe improvements
will satisfy this requirement if reviewed and approved by the City Attorney. Developers have
been granted plat approval for the subdivision of the property into 19 office condominium
units with development ofthe units consistent with the requirements ofthe zoning district.
1.02 Developer Improvements.
A. The City is willing to allow the Developers to construct and install the Developer
Improvements. A description of the Developer Improvements and estimate of costs
are attached as Exhibit "B". In general, the Developers will construct, own and
maintain the streets, and sidewalk system within the boundaries of the Property and
these improvements are defined by this Agreement as the Improvements. Upon
completion of work and acceptance by the City of the sanitary sewer system, water
system and storm water system will become dedicated to and owned by the City.
These improvements are defined by this agreement as the Public Improvements until
completion and acceptance of the Public Improvements. All improvements are
defined as the Improvements.
1.03 Public Improvements~ Plans. Specifications.
A. The Developers have authorized Plowe Engineering, Inc., 9180 Lexington Avenue
N.E., Circle Pines, MN 55014 to prepare the plans and specifications for the
Improvements. Approval by the Stillwater City Engineer of the plans and
specifications for the Improvements is a condition of this Agreement.
1.04 Improvements. Warranty. The Developer agrees that the Improvements will be done in a
workmanlike manner; that all materials and labor will be in strict conformity to the
specifications and any requirements set forth by the City. All work done pursuant to this
contract is subject to the inspection and approval ofthe City Engineer, who is vested with
2
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.
authority to suspend or stop work on the project if any condition ofthis contract is breached
or any law or administrative rule is violated.
If any material or labor that is supplied is rejected by the City Engineer as defective or
unsuitable, then the rejected materials must be removed and replaced with approved material,
and the work will be done anew to the satisfaction and approval of the City Engineer.
SECTION 2. DEVELOPERS' REPRESENTATIONS. The Developers represent to the City
that as of the date of this Agreement, the statements set forth in this section are true.
2.01 No Disabilitv. The Developers are the fee owner of the property and know of no legal
disability that would prevent them from carrying out this Agreement.
2.02 Execution No Violation. The execution, delivery and performance ofthis Agreement do not
and will not result in any breach of, or constitute a default under, any indenture, mortgage,
contract, agreement or instrument to which the Developers are a party.
2.03 Liti2ation. There are no pending or, to the knowledge ofthe Developers, threatened actions
or proceedings before any court or administrative agency which will materially adversely
affect the financial condition, business or operation of the Developers or the ability of the
Developers to perform their obligations under this Agreement.
2.04 Compliance. The Developers will comply with and promptly perform all of its obligations
under this Agreement and all related documents and instruments; comply with all conditions
of subdivision and Planned Unit Development approval.
SECTION 3. IMPROVEMENT SCHEDULE.
A. The Developers will install the Improvements according to a schedule approved by
the City Engineer and the standards set forth in this section.
B. Work on the Improvements may not begin until an easement has been obtained by
the City over property owned by the Washington County Housing and
Redevelopment Authority for access of the Developer's storm water system to Brick
Pond.
3.01 Work Schedule. Approval of the Improvement work schedule by the City Engineer will be
required before construction begins. In the event that Developers fail to complete any
element of the Improvements according to the completion schedule, the City, at its option,
will upon ten (10) days written notice from the City Engineer within which the Developers
will have the opportunity to cure, have the right to draw upon any Security provided pursuant
to S5.02 of this Agreement for the costs associated with completion ofthe work referred in
this section. Upon satisfactory completion of the work, the City will have the right but not
the obligation to terminate this Agreement. In all events, all Improvements must be
substantially complete by November 1, 2006.
3
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3.02 Final Plat Approval. Provided that the Developer is not in default ofthis Agreement, the
City will approve the final plat in advance of the completion of construction of the streets
and utilities within the plat subject to any conditions of final plat approval imposed by the
City.
SECTION 4. COST RECOVERY.
4.01 Developer Improvements. Payment ofthe costs ofthe Improvements must be made by the
Developers within ninety (90) days of being invoiced by the Developer's contractor, unless
amounts are withheld by the Developer because of a Bona Fide dispute with the contractor
and notice of this dispute is provided to the City.
SECTION 5. SECURITY.
5.01 Consultant Fees and Chan!:es. The Developers will pay to the City, within thirty (30) days
of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at
the request ofthe Developers, including the costs of engineering, legal and testing services,
oversight and inspection of grading, erosion control, wetland restoration and any other
development related improvement as well as reasonable expenses associated with inspection
and supervision of construction and reinspection for one (1) year beyond the acceptance of
the completed work.
5.02 Security for Cost of Developer Improvements. Developer must, prior to beginning work
on any Improvements, provide the City with cash, letter of credit or other surety, with the
form of any non-cash surety to be satisfactory to the City Attorney in the sum of
and /1 OOths Dollars
($ ) The surety must be a guaranty to the City that the Improvements will be
timely completed to the City's satisfaction. The cash, letter of credit or other surety must be
maintained continuously by the Developer until the Improvements are completed to the
City's satisfaction. The cash, letter of credit or other surety for Improvements may be
released upon certification of the City Engineer that items are satisfactorily completed
pursuant to this Agreement. Periodically, as payments are made by the Developer for the
completion of the Improvements, Developer may request of the City that the surety be
reduced for the work which has been fully completed and for which payment has been made.
A Letter of Credit or other surety must permit the City to draw upon it for the full face
amount of the cost of curing any default of the Developers upon ten (10) days written notice
to the Developers of its opportunity to cure, with respect to performance items or the
extended period of ninety (90) days written notice with respect to contractor payments as set
forth in S6.05 (B) or seventy-two (72) hours written notice with respect to erosion control
violations as described in S6.05.
SECTION 6. DEVELOPERS' RESPONSIBILITY.
6.01 Easements. The Developers must convey to the City all permanent easements over property
owned or controlled by them as designated in the plans and specifications, and deeds to
4
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property deemed necessary by the City for the location, construction, installation and
operation of the Public Improvements, in form and content satisfactory to the City Attorney.
6.02
Street Li!!hts. The Developers will furnish a street lighting system for the Development
suitable and fit for the purpose of private owners and the requirements of public safety. The
plan must be approved by the City Engineer.
6.03
Mass Gradin!!. Prior to the commencement of construction of any Improvements, the
Developers at their expense must complete the grading ofthe entire project area including the
building sites, storm water holding ponds, surface drainage ways, private driveways, private
streets, and other areas that will be disturbed as part ofthe construction of any improvements.
This grading must be done in accordance with an approved grading plan either prepared by
or approved by the City Engineer with a maximum of two (2) foot contours, building pad
elevations, drainage provisions, erosion control provisions, and cross sections. No site
grading is permitted unless security is provided to the City for this work in the form of a
deposit letter or other surety of credit as described in ~5.02.
6.04 As Built Plan. Within sixty (60) days after completion of construction ofthe Improvements,
Developers, through their contractor or engineer, must prepare and file with the City a full set
of "as built" plans, including a mylar original and electronic drawings showing the location
of improvements and service laterals within the plat. Failure to file the "as built" plans as
required by this section will be grounds for the City to suspend the issuance of building
. permits and certificates of occupancy within the plat until this condition is fulfilled.
6.05 Erosion Control Measures Durin!! Construction. Developers agree that they will
construct erosion control devices in conformance with the approved Construction Plans for
the Developer Improvements. This plan must protect any adj acent ponds and wetlands from
erosion, pollution and siltation throughout the construction of the Improvements. Any
deficiency or failure of erosion control must be corrected within seventy-two (72) hours of
written notice or the City may draw upon the Security provided under ~5.02 of this
Agreement in the amount of the costs incurred in curing the deficiency.
6.06 City Re!!ulations. Developers acknowledge that the property is regulated by the City and
that a default under City ordinances or conditions of approval of any permit is a default as
defined in this agreement, including the following conditions:
A. A grading and erosion control plan must be prepared or approved by the City
Engineer and strictly followed during construction.
B. If required by law, a national pollution discharge elimination system general storm
water permit for construction activity must be obtained from the MPCA before
grading begins.
c.
The Developers must comply with all conditions of approval imposed by the City as
part of any permit or approval granted by the City during approval of the
development.
.
5
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D.
A signage plan for the Development, satisfactory to the Community Development
Director, that will identify the streets within the Development as private streets.
E. Payment of any fees or charges normally due at the time of issuance of any building
permits.
6.07 Dama2e to City or County Facilities. The Developers will be responsible for any damage
caused to any City or County facilities or improvements including roads, storm water
systems, sewer and water facilities whether done by the Developers, their contractors, agents
or employees and for any repair or clean up costs or expenses incurred by the City or County
in taking remedial action.
6.08 Landscavin2. The Developer agrees to install landscaping within the Development,
according to the Plans. All landscaping must be hardy, non-invasive species appropriate for
Minnesota. All landscaping materials must be maintained and replaced if they die within the
standard warranty period. The Developer must install all parking lot landscaping and
maintain it until responsibility therefor is transferred to the Common Interest Community,
which must have on-going responsibility for maintenance and replacement. The Developer
is responsible for installing the lot landscaping and maintaining it until transfer of
responsibility to the Common Interest Community. The Common Interest Community must
assume responsibility for maintenance of any common areas after they are transferred to it by
the Developer. The Developer must provide through the restrictive covenants that future
. landscaping not be planted so as to interfere with site drainage.
6.09 ImvrovementMana2ement.
B.
c.
.
A.
In order to accommodate the collective needs of Development for Public Services,
the City has authorized the Developer to construct, own and maintain the
Improvements within the boundaries of the Development.
The City and the Developer acknowledge that the Improvements may not function
adequately. The Developer authorizes the City to acquire, construct, reconstruct,
extend, maintain and repair any and all improvements, if necessary in the opinion of
the City. In this event, the Developer, or its successors or assigns, must convey to the
City any easements needed for this pmpose without payment of compensation of any
kind.
In the event the City determines that public necessity requires the City to act pursuant
to this Section, this Agreement is a license for the City to act, and it will not be
necessary for the City to seek an order from any court for permission to enter upon
land within the Development for this purpose. Further, when the City does any such
work the City may, in addition to any other remedies, levy special assessments
against any lot or parcel within the Development to recover the associated costs.
Any costs that may be due the City under this Section or that are spread, as special
assessments, will be the obligation ofthe Common Interest Community to collect and
6
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SECTION 7.
payout to the City in the same manner as other common expenses otherwise
collectable as dues or periodic common area charges.
D.
For this purpose, the Developer expressly waives any and all procedural and
substantive objections to the special assessments, including, but not limited to,
hearing requirements and any claim that the assessment exceed the benefit to the
property. The Developer waives any appeal rights otherwise available pursuant to
Minn. Stat. 9 429.08. In recognition of this possibility, the Developer agrees to
provide prospective condominium purchasers with a Disclosure Statement regarding
the Common Interest Community's responsibility and the financial and assessment
consequences to owners. This Disclaimer Statement must be approved by the City
for use in connection with the sale of units prior to its use or distribution by the
Developer.
INSURANCE.
7.01 Insurance. Developers and their contractors will provide and maintain or cause to be
maintained at all times during the process of constructing the Public hnprovements and, from
time to time at the request of the City, furnish the City with proof of payment of premiums
on:
A.
.
Comprehensive general liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations and contractual liability
insurance) together with an Owner's Contractor's policy with limits against bodily
injury and property damage of not less than $1,000,000 for each occurrence (to
accomplish the above-required limits, an umbrella excess liability policy may be
used), and shall be endorsed to show the City as an additional insured to the extent of
its interest.
B. Comprehensive general public liability insurance, including personal injury liability
for injuries to persons and/or property, including any injuries resulting from the
operation of automobiles or other motorized vehicles involved in work on the Public
hnprovements, in the minimum amount for each occurrence of$1 ,000,000, and shall
be endorsed to show the City as an additional insured to the extent of its interest.
C. Workers' Compensation insurance covering all employees in amounts not less than
the minimum required by statute.
SECTION 8. INDEMNIFICATION.
8.01 Indemnification. Developers agree to defend and hold the City, and its officials, employees
and agents, harmless against any and all claims, demands, lawsuits, judgments, damages,
penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or
omissions by Developers, their employees and agents, in connection with the Public
hnprovements.
.
7
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8.02 Enforcement bv City: Damae:es. The Developers acknowledge the right of the City to
enforce the terms of this Agreement against the Developers, by action for specific
performance or damages, or both, or by any other legally authorized means. The Developers
also acknowledge that their failure to perform any or all of its obligations under this
Agreement may result in substantial damages to the City; that in the event of default by the
Developers, the City may commence legal action to recover all damages, losses and expenses
sustained by the City; and that the expenses may include, but are not limited to, the
reasonable fees oflegal counsel employed with respect to the enforcement of this Agreement.
SECTION 9. EVENTS OF DEFAULT.
9.01 Events of Default Defined. The following will be "Events of Default" under this
Agreement and the term "Event of Default" will means, whenever it is used in this
Agreement, anyone or more of the following events:
A. Failure by Developers to commence and complete construction of the Developer
hnprovements pursuant to the terms, conditions and limitations of this Agreement.
B. Failure by Developers to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this Agreement.
C.
In each event Developers will be afforded ten (10) days after receipt of written notice
to cure the violation and avoid a default.
.
D. Any cure period as set forth in this Agreement will be extended to include that period
of time when Developer is making a Bona Fide effort to cure.
9.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable
cure periods, the City may take anyone or more of the following actions:
A. Suspend work on the project and building permits or certificates of occupancy on
private development until it receives evidence, deemed adequate by the City, that the
Developers have cured a default.
B. Take action, including legal or administrative action, as is necessary for the City to
secure performance of any provision of this Agreement or recover any amounts due
under this Agreement from Developers or under the Security described in 95.02.
C. Undertake to complete the Developer Improvements itself, through its agents or
through independent contractors and before the undertaking, draw upon the Security
described in 95.02 for the full amount ofthe estimated work.
SECTION 10. ADMINISTRATIVE PROVISIONS.
10.01 Notices. All Notices, certificates or other communications required to be given to the City
. and the Developers must be sufficiently given and will be deemed given when delivered, or
8
.
when deposited in the United States mail in registered form with postage fully prepaid and
addressed, as follows:
If to the City:
Larry D. Hansen, City Administrator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
If to Developers:
Mark Ogren
Ogren Properties Group, LLP
P.O. Box 15
Stillwater, MN 55082
Marcel Ebensteiner
Royal Oaks Realty, Inc.
1000 County Road E West
Suite 150
Shoreview, MN 55126
The City and the Developers by notice given to the other, may designate different addresses
to which subsequent notices, certificates or other communications will be sent.
. SECTION 11. ADDITIONAL PROVISIONS.
11.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any of its
prOVISIOns.
11.02 Counterparts. This Agreement is executed in any number of counterparts, each of which
will constitute one and the same instrument.
11.03 Modification. If Developers are requested by the Holder of a Mortgage or by a prospective
Holder of a prospective Mortgage to amend or supplement this Agreement in any manner
whatsoever, the City will, in good faith, consider the request, provided that the request is
consistent with the terms and conditions of this Agreement.
11.04 Law Governine:. This Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota.
11.05 Severability. In the event any provision ofthis Agreement is held invalid or unenforceable
by any court of competent jurisdiction, holding will not invalidate or render unenforceable
any other provisions.
SECTION 12. TERMINATION OF AGREEMENT.
. 12.01 Termination. This Agreement will terminate at the time all ofthe Developers' obligations
have been fulfilled and when the cost ofthe Public hnprovements have been paid in full and
9
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.
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any default ofthe Developers has been cured, or one (I) year after acceptance ofthe Public
hnprovements by the City, whichever occurs later.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its
corporate name by its duly authorized officers and sealed with its corporate seal; and the Developers
have executed this Agreement at Stillwater, Minnesota, the day and year first above written.
CITY OF STILLWATER
(SEAL)
By:
Jay L. Kimble, Its Mayor
and
Diane F. Ward, Its City Clerk
DEVELOPERS:
OGREN PROPERTIES GROUP, LLP
By:
ROYAL OAKS REALTY, INC.
By:
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 in behalf of the City by authority of its City Council,
and they acknowledged the said instrument was the free act and deed of the City.
Notary Public
10
.
.
.
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF WASHINGTON
On this _ day of ,2006, before me, a Notary Public within and for said
County, appeared , to me personally known, who, being duly sworn, was the duly
authorized agent for Ogren Properties Group, LLP, the Developer named in the foregoing instrument
and that this instrument was signed as the free act and deed of the Developer.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _ day of , 2006, before me, a Notary Public within and for said
County, appeared , to me personally known, who, being duly sworn, was the duly
authorized agent for Royal Oaks Realty, Inc. the Developer named in the foregoing instrument and
that this instrument was signed as the free act and deed of the Developer.
Notary Public
11
.
DEVELOPER IMPROVEMENTS AND ESTIMATE OF COSTS
ITEM DESCRIPTION
PRICE
Site Grading
Sanitary Sewer
Watermain
Storm Sewer
Streets
GRAND TOTAL
$
$
$
$
$
$
.
.
EXHIBIT B
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,
'Jfu: 9aill.c:riEw CEnutv'J c:I1-~ociation
.
~ti[{watUt, d1innUlota
55082
May 8, 2006
FYI
CITY COUNCIL MEMBERS
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
Dear City Council Members,
On behalf of the Fairview Cemetery Association, I am
requesting that the city of Stillwater replace the
walking path in front of the cemetery on Fourth Street
.
with a sidewalk.
There is a great deal of foot traffic
in front of the cemetery and the present footpath is an
eyesore.
I am also requ~s~ing that the utilities be moved
from the path.
Thank you for your attention to this problem.
Sincerely,
__'0-"'-'\ .J
\N~
ff, Tru1U
.
.,.
May 12 2006 15:15:44 Via Fax
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A weekly legislative update from the League of Minnesota Cities
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One week to go
Under the Minnesota Constitution., the legislature
must adjourn no later than Monday, May 22. As a
result, next week promises to be a hectic and
possibly chaotic fInal week for the 2006 legislature.
There is still talk of fInishing the session early but
few observers would consider adjournment during
the final week to be "early."
Many major pieces of legislation have yet to be
fmalized including the bonding bill, the
supplemental budget bill, the Clean Water Legacy
Act, stadium legislation and a transportation bill. In
addition, there are still more than 100 smaller bills
awaiting action on the House and Senate floors.
.
Absent from the traditional list of bills is an
omnibus tax bill. Last week, the !"Icuse Ta~
Committee failed to approve their version of an
omnibus tax bill. The Senate continues to push for a
tax bill. On Thursday evening, the full Senate
amended their version of the tax bill onto a House
file and will now send that bill back to the House.
The Senate action was somewhat controversial
because the House bill that was amended with the
Senate tax provisions was not clearly a tax vehicle.
Under the state's Constitution., tax legislation must
originate in the House.
Yesterday, the House and Senate held long floor
sessions but both bodies adjourned until Monday at
11 a.m. Today, there are several hearings occurring
at the capitol including conference committee
meetings on the Twins Stadium, the Bonding Bill
and the Supplemental Budget bill. Given that
Saturday is the fIshing opener and Sunday is
Mother's Day, it is doubtful whether much progress
will be made on issues over the weekend.
Questions? Contact Gary Carlson at 651.281.1255
or ';!..carlson(iiJ.lnmc.orf.?.
.
6514308809 Administrator
Page 001 Of 004
May 12, 2006
Page 1
Joint powers bill passes House
The House version of the joint powers liability
clarmcation bill, HF 3079, authored by Rt:!1. Ron
.Abrams (R-Minnetonka), was finally approved by
the full House of Representatives during the
Thursday floor session. Action on the bill had been
delayed for more than a week, in part due to
concerns raised by opponents of the bill. The
League of Minnesota Cities (League) the
Association of Minnesota Counties, the Minnesota
School Boards Association and the Minnesota
Association of Townships have been working over
the past week to tighten the language of the bill. We
now expect the Senate to consider the bill early neh1:
week
The bill was approved by the House on a
surprisingly strong 126 to 7 vote despite aggressive
opposition from the Minnesota Trial Lawyers
Association (MILA). Prior to the floor debate, the
MTLA had prepared several amendments to
significantly modify the bill, including an
amendment that would have almost immediately
increased the tort liability limits from the current
$300,000 per individuall$l million per event to
$750,000 per individuall$2,000,000 per event
Their amendment would have also doubled those
limits to $1.5 million per individuall$4 million per
event for judgments involving joint powers entities.
The League and the other local government
associations strongly opposed these amendments
based on insurance cost concerns and the
disincentive for joint powers collaborations created
by the doubling of the liability limits for joint
powers entities.
During the floor debate, the League, along with our
local government allies, decided to offer an
amendment that included reasonable adjustments in
the tort liability limits. The amendment increased
the limits to $400,000 per individual and $1.2
million per event beginning on January 1,2008.
The amendment also included an increase in 2010
to $500,000 per individual and $1.5 million per
For more information on city legislative issues, contact my member of the League of Minnesota Cities Intergovernmental Relations team.
651.281.1200 or 800.925.1122
LOCATION:Via Fax
RX TIME 05/12 '06 14:10
May 12 2886 15:16:31 Via Fax
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LMC
-FridayFax-
A weekly legislative update from the League of Minnesota Cities
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event. These increases reflect the approximate
effects of inflation on the tort liability caps since the
last legislative adjustments enacted in 1997.
In the past, the legislature has periodically adjusted
the tort liability limits in order to prevent a legal
challenge to their validity. In a 1988 decision, the
Minnesota Supreme Court upheld the legitimacy of
the tort liability caps due, in part, to the legislature's
periodic adjustments to the limits.
The tort liability limit adjustment amendment to the
bill was approved by the full House. Although the
MTLA did not agree to the amendment, they
subsequently dropped their active opposition to the
bill and did not further pursue their own tort cap
amendments . We do not know if the :MILA will
oppose the bill when it is debated on the Senate
floor.
The core provisions of the bill clarify the
application of the state tort liability limits to joint
powers arrangements by specifying that a single
limit applies regardless of the number of
governmental units participating in the joint powers
entity or arrangement.
The League and the other statewide local
government associations pursued the bill to clarify
Minnesota statutes after a decision in a case
involving a joint powers entity created by the City
of Crookston and the Crookston school district
Please contact your Senator immediately to indicate
your support for this bill.
Questions? Contact Gary Carlson at 651.281.1255
or Rcgrlson(g)lmnc.orf!...
Conference committee approves limits
on eminent domain
~
6514388889 Administrator
Paye 882 Of 884
.
May 12, 2006
Page 2
conference committee approved changes that
dramatically limit municipal authority to use
eminent domain for economic development and
redevelopment The bill also includes several
provisions that will increase the cost of all property
acquisitions, including those for traditional public
uses, such as roads and parks.
The conference committee adopted several
modifications suggested by local governments that
make the bill somewhat more workable. A
p,reliminarv summary of the provisions included in
the conference committee report is available on the
eminent domain "hot topic" web page on the
League's website (w".nv.lmnc.onr). This summary
also describes several provisions that were not
adopted as part of the final bill.
In general, the legislation is effective the day
following enactment and applies to condemnation
proceedings and eminent domain actions
commenced on or after that date. However, the bill
grandfathers in certain redevelopment projects that
were already in-the-pipeline as of February 1,2006.
SpecifIcally, the bill provides that actions
commenced between February 1,2006 and
February 1, 2008 that satisfy the conditions set forth
in the bill are grandfathered in under current law.
Actions commenced after February 1,2008, and
before the deadlines specified in the bill, are not
subject to the new public use/public purpose
requirements, but are subject to the compensation
requirements and other procedural provisions of the
new law.
.
The agreement reached by the conferees now goes
back to the full House and Senate for approval. We
e"-1>ect that the Senate will take-up the conference
report on Monday with the House following suit on
Wednesday. The final bill will then be sent to the
governor for his approval, which could occur as
early as the end of ne"-"t week.
On Wednesday evening, the House-Senate
conference committee on HF 2S46/SF 2750*
completed work on legislation reforming
Minnesota's eminent domain law. As expected, the
For more information on city leg.izlative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.
651.281.1200 or 800.925.1122
LOCATION:Via Fax
Questions? Contact Laura Harris at 651.281.1260
or lharris(a21nmc.orp.
e
RX TI ME
05/12 '06 14:10
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"
May 12 2006 15:17:17 Via Fax
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LMC
6514308809 Administrator
Page 003 Of 004
-FridayFax-
A weekly legislative update from the League of Minnesota Cities
l.~.....nUf "f M';""nv_"..ltr c,;/t...t
-r;ri~ (.~:"')tlf;.-.!'1 07..,.v/t"1"';'
.1.
Ways and Means Committee yanks
gas tax from transportation bill
The House Ways and Means Committee on
Wednesday passed the omnibus transportation
funding bill, but only after removing a six cent per
gallon gas tax passed by the Tax Committee just
last week The bill, FF_~L~l (Ho!~~.!~r, R-
Lakeville), still contains the governor's proposal to
fund transportation projects by bonding for $2.5
billion--contingent on passage of the constitutional
amendment phasing in dedication of 100 percent of
the motor vehicle sales tax (MVST).
The W aY~L;:!._!]._g}00"'!Jl~Lc..QD.J!Ilit1Q.Q als 0 adopted an
amendment that had been offered and subsequently
withdrawn in the Tax Committee. The amendment,
offered by Rep. Fran Bradley (R-Rochester),
changes the proposed MVST constitutional
.i!mendment by dedicating the proceeds on a 60/40
split between roads and transit in the constitutional
language. The amendment adds controversy to the
bill because the attorney general issued an opinion
that the legislature may change the ballot question,
but not the proposed constitutional language.
According to the Attorney General's office, "The
Constitution makes no express provision for
legislative withdrawal or modmcation of a
proposed amendment after its final legislative
enactment, but prior to election. Thus it is
reasonable to conclude that, once both houses have
fInalized approval of a proposed amendment and
published it according to their rules, the legislature
no longer has any control or authority over the
proposed amendment."
Also added to the bill as a part of the Bradley
amendment is an unusual provision requiring legal
challenges to the legislature's authority to amend
the constitutional amendment to be made within
thirty days of adjournment of the legislative session.
The measure requires the Minnesota Supreme Court
to act on any legal challenges at least four weeks
prior to the general election. Attorneys on the
May 12, 2006
Page 3
committee questioned the authority of the
legislature to impose mandates on the courts.
Questions? Contact Anne Finn at 651.281.1263 or
at crflnn(1i;lmnc.oTR.
More tax theatrics
Late Wednesday afternoon, the S~mat.e Tax
Committee cobbled together another omnibus tax
bill by amending the basic provisions from SF 3131
(their fIrst omnibus bill) and fiE_3550 (the revenue
neutral tax bill) onto a House fIle, HF 3374;, dealing
with the state Council on Disability. During the
committee discussions, Sen. L.arry Pm!emiller
(DFL-Minneapolis), referred to the :House Tax
Committ.et~'S inability to agree on an omnibus bill,
and indicated that he had been asked by several
House members to pass a tax bill.
After a relatively short committee discussion on
other amendments and an explanation from Chair,
Sen. Larry Pogemiller, the bill was passed by the
Tax Committee on a voice vote.
During Thursday's floor session., the newest version
of the Senate tax bill was considered but there was
remarkably little debate and no amendments
offered. The new Senate tax bill now contained in
HF 3374 passed on a 36 to 28 vote, and will now be
returned to the House for consideration.
The second version of the tax bill includes the
following:
. Adding a sports memorabilia tax
. Changing the LGA increases by taking the one-
time money and using it for permanent
increases in the next biennium.
. Adding the TIF technical bill making a number
of technical and clarifying changes in tax
increment law.
. Dropping the Bloomington Mega-Mall
expansion TIF provision.
. Changing the historic preservation income tax
credit to 10 % from 2S %.
For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.
651.281.1200 or 800.925.1122
LOCATION:Via Fax
RX TI ME
05/12 '06 14:10
May 12 2886 15:18 :84 Via Fax
-)
-"~~c
6514388889 Administrator
Paye 8E14 Of 8E14
.
-FridayFax-
A weekly legislative update from the League of Minnesota Cities
1.~"Wf"1II' ,,{ il.fJ'."",...mil1' {:;a.jOA
{'ir'~.f'" r:'~:t".lllr;<'J~J oJ',,',vJk/ll''';'
At this point, the Hous e does not have a viable
omnibus tax bill available for action. As we
summarized last week, the House Tax Committee's
efforts to draft a bill failed after seven hours of
debate last Thursday night. Their "almost-bill"
contained a number of the provisions similar to
items contained in the Senate's omnibus bills,
including increases in LG A funding, restoration of
the JVIVHC cuts and many of the local option sales
tax requests. At this point, no bills contain any
version of property tax levy limits.
There are a few possible scenarios where the House
could still progress an omnibus tax bill, but at this
late date, there seems to be little likelihood that a
tax bill will reemerge in the House-but the Senate
keeps trying.
Questions? Contact Jennifer 0 'Rourke at
651.281.1261 or jorourke@lmnc.org
Town hall meetings
T own hall meetings are a great chance to meet with
your legislators and tell your city-story close to
home. Upcoming meetings in a city near you
include:
May 13, in St. Louis Park (HarVest Moon Coffee
House, 5101 Minnetonka Boulevard, noon) with
Rep. Steve Simon
May 12, 2006
Page 4
May 27 - June 4 is the congressional district work
period. Members of Congress will be in Minnesota
meeting with constituents. City officials who have a
city-story to share with our Federal elected officials
should take advantage of this time to schedule a
meeting!
Check your local newspaper or radio station for
additional dates. To receive e-mail notice of
upcoming town hall meetings near you, subscribe
online at
11t.tp: //www.11ouse.1eg.st...t.e.ffifi.us!mail1istJ mailinp;lis
t asp and
httR J\nvw. senateJ e!?. s t.ate.mn. us/schechlle/lists elV.
htm
Staying Informed
One of the best ways to keep in the know is by
subscribing to Session Weekly, the award-winning,
nonpartisan newsmagazine of the Minnesota House
of Representatives. To subscribe, call (651) 296-
2146 or (800) 657-3550, or go online at
:,v,vw.house.mn/hin.:to/subscribesw.asg and for daily
electronic news updates, not only during session but
throughout the year when news warrants, subscribe
to Session Daily at
,nvVl' .hou..<:e.leg. state.mn.us/1istlioin. a,.'>p?1istname=s
essiondaily
.
Questions? Contact Brian Strub at 651.281.1256
or at bstrub(i))Imnc.or,?.
.
For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.
651.281.1200 or 800.925.1122
LOCATION:Via Fax
RX TIME 05/12 '06 14:10
.
May 11, 2006
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
PRESENT: Chairperson Linda Countryman, Supervisors Sheila-Marie
Untiedt, Jim Hiniker, David Johnson and Jim Doriott. Also,
Treasurer Gloria Sell, Attorney Soren Mattick, Planner Dick
Thompson and Chief Of Police Steve Nelson.
1. AGENDA - M/S/P Hiniker/Johnson moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Hiniker/Johnson moved to table the 4/27/06 town board
minutes for clarification of item #10. (5 ayes)
3. TREASURER-
a. Escrows owing continue to be paid off.
b. The township continues to be below the threshold of $670,500.00 that would
. require a yearly audit.
c. There is a balance of $6,420.00 in the newsletter and website fund for the
balance of the year.
d. Claims were reviewed and checks #17711 - #17727 were approved for
payment.
4. ATTORNEY-
a. Meinecke Barn Issue - The attorney and building inspector will continue to
work with Mrs. Meinecke and her attorney regarding the barn on the Meinecke
property that is being occupied by relatives. A certificate of occupancy is being
researched. The barn may be on a separate parcel of land therefore being
treated as a primarY structure.
b. Otchiowe Trails Subdivision Status - There are $2,892.00 worth of back taxes
due and a lien for well drilling of $1,088.00. If land is forfeited a lien can not
be enforced. The well driller can go after Montanari personally. A letter of
credit is for public improvement not taxes.
c. Arcola Trail Meeting - This informational meeting will be held at 7:00 p.m. on
May 18th at the town hall to discuss paving the balance of Arcola Trail up to
Rivard Road. It will be suggested to residents involved that a $1,000.00
payment per household be made toward the paving.
..
PLANNER -
a. Buchman Escrow Issue - Mr. Buchman intends to appear at the May 25th
town board meeting to discuss the outstanding escrow amount owed. The
Stillwater Town Board Meeting - 5/11/06
,
Page Two '
treasurer will gather invoices supporting professional services rendered for .
the Buchman variance.
b. Accessory Buildings - There was general discussion based on the planner's
draft accessory buildings zoning amendment.
Jim Hiniker departed 7:55 p.m.
After a lengthy discussion it was decided that the planner rework the three
performance standards: storm water management practices, screening and
landscaping, minimize environmental impact and add that structures not
cover more than 100/0 of property and colors be earth tones, barn red or
white (subject to the attorney's review if colors can be restricted or not.)
Also discussed was the planner's recommendation amending Chapter 2,
Part 3, Section 1.2 of the Zoning Ordinance that the floor area of the
garage not exceed the foot print of the house.
Copies of reworked information will be sent to the planning commission
members for review.
c. Patrick Johnson Property - Janeen Thatcher's letter reviewing the pasture
situation at the Johnson property was reviewed.
6. CHIEF OF POUCE REPORT -
a. Issued 47 burning permits of which 6 or 7 were for buckthorn. .
b. Two dogs were impounded and claimed.
c. New laws are in effect for all terrain vehicles with various restrictions depending
on ages one thru eighteen of drivers.
d. Door to door magazine sellers are circulating in the township. One has received
a ticket so far.
e. Complaint received of gravel trucks on Neal Avenue.
f. Weber C.U.P. is ongoing.
h. Board members agreed that town board minutes will not go on the website until
approved by the board.
7. ARCOLA HEIGHTS PARK - Jim Doriott and park members looked at the park with
the idea of developing soccer fields, picnic tables and a small parking lot.
8. OTCHIPWE PRAIRIE TRAILS - M/S/P Hiniker/untiedt moved to have a survey
completed of the Otchipwe Prairie Trails. Cost to be $1,400.00. (4 ayes)
9. RESERVATION FORM. ETC. - Rod Hunter presented a reservation for use at Otto
Berg Park. He also mentioned that the trails at Curtis Hills are looking the best he's
ever seen.
10. CITIZENS EMERGENCY RESPONSE TEAM - Sheila-Marie Untiedt has offered to
arrange for Dennis Walter (MN. Office Of Homeland Security) and ask him to attend
the town board meeting on May 25 to talk about Homeland Security. (after agenda)
.
~
Stillwater Town Board Meeting - 5/11/06
.11. ADJOURNMENT - Meeting adjourned at 9:35 p.m.
Page Three
Clerk
Chairperson
Approved
.
.
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THE BIRTHPLACE OF MINNESOTA
FIRE DEPARTMENT
Press Release
For Immediate Release
Date: May 10,2006
Media Contact: Tom Ballis, Deputy Fire Chief, 651-351-4951
.
Stillwater
Fire Department Launches
Smoke Alarm Campaign
.
In an ambitipus campaigntoprotecthigh~riskgtC>ups and homes from fIre, thy Stillwater
Fire Departtnent, in coop~ration with a grant received from the Department of Homeland
Security will'be provi5\ingJ~ee of charge 2,000 smoke alartitswith batteries that last for
10 years and.500 h~dWiresmoke aUmns to area residents.
- . - -.
'..,.'-.'.... .,..' . . '. :...... ".., ' '..- : '. .' -' ...,...... ~ . .;..- :-. -' ,'. . '. . ',::',:', :-.'..-.... ",:. ...'. . .. ..,...
On Tuesday~Ma~,16,~env~en 6:d~PMan~'~~~'r~ Stillwater,Ffu;pe~ent
personnel will go~~t:;!~~~rthroU@1out residential blol;ksintheaistfi~t to check home
smoke alarms and distributingfr~sh 9-volt batteriesan9~mokealmms40!those in need.
When a fire occurs, seconds count. Working smoke alarms provide the early warning
needed for a family to escape a fIre safely. However, to do the job effectively, smoke
alarms need to be tested monthly and replaced every 10 years.
The National Fire Protection Association recommends a minimum of one smoke alarm
on each floor and outside all areas where people sleep. All occupants of the home should
know how to quickly and appropriately respond if a smoke alarm signals. In addition,
every home and family should have a fire escape plan and practice their plan regularly.
.
For more information about fIre safety,theSlIloke alarm campaign and developing a
home escape plan, please contact the Stillwater Fire Department at 651-351-4963.
216 North Fourth Street · Stillwater, Minnesota 55082
PHONE: (651) 351-4963 · FAX: (651) 351-4967
.
.
.
THE IIIITHI'LACE OF .IIIEIOTA
FIRE DEPARTMENT
May 5,2006
Dave Eckberg
President
St. Croix Events, Inc.
PO Box 311
Stillwater, MN 55082
Dear Mr. Eckberg:
With LumbeIjack Days and Timbersports Championship quickly approaching and the need to
provide for the overall publ~c safety of this event, the following fire safety code items need to be
addressed and ar~ the responsibility of St. Croix Events, Inc.
1. St. Croix Events will provide a detailed to scale site plan of the entire event area, both
LowellPark~()rth and South, for police and fire approval. In addition to the site plan a
detail~d writt~il public safety plan shall be provided to the code official identifying
emer~ency v~~cle ingress and egress, concession/vending distribution and identification,
parki~g consi<f~rations and severe weather notification procedures. This plan must be
submitted fori:t-t:view,no later than Mav 15.2006. MSFC 403.1, 403.2.
2. Tempo@ry membranesfructures such as tents must maintain a 12-foot firebreak around
the struQture. MSFC~403~5
.. .0
3. Crowd n1~tf1S~f bnJrequjred based on code official review. The crowd managers
will be r~uiredAr6st#ALL emergency exits from the hours of6:00 PM until 12:00 AM
(midnigqf)',g:; .dnianage~m~t~~I>l?ro~edby the codepffiti.~ and will be
provided by'S )~~vents, In~.as ,tl1eey~nt promoter. MSFC 2~16.1
4. Emergency ac~~~~'ig~~m.,~a.vailable for police, fire, and EMS USe. MSFC 503.2.1
5. Vendors using heating elements, gas fired grills or cooking must be spaced a minimum of
10 feet apart. MSFC 2412.2.1
6. Total occupancy of the site will be determined by the code official based on the
submitted sit plan configuration and exiting capabilities. Occupancy load manae:ement
is the responsibility of St. Croix Events. Inc. as the event promoter. If the
determined occupancy load is exceeded St. Croix Events. Inc. is liable and
responsible to correct the situation. MSFC 1003.2.3
7. Fireworks permits, fees and approvals will be the responsibility of St. Croix Events.
216 North Fourth Street · Stillwater, Minnesota 55082
PHONE: (651) 351-4963 · FAX: (651) 351-4967
St. Croix Events
May 5, 2006
Page Two
.
8. Emergency response personnel staffmg, police, fire and EMS, will be determined by the
code official. MSFC 403.2
9. Emergency Exits will be properly signed and approved by the code official. Exit signs
will be prominently displayed and must comply with the requirements of MSFC
1003.2.10.2.
10. Other code compliance issues will be determined based on plan review.
Also, keep in mind this is not an all-inclusive list of fire code items to be addressed for this
event. Proper exit signage will be required; fire extinguishers for vendors and the stage area, etc.
will need to be reviewed and approved as well.
I look forward to working with St. Croix Events, Inc. to provide a fun and safe Lumberjack Days
event for 2006. Please feel free to contact me if you have further questions or need additional
information.
~;U
.
Tom Ballis
Deputy Fire Chief/Fire Marshal
CC: Stuart Glaser, Fire Chief
Larry Hansen, City Administrator
Larry Dauffenbach, Police Chief
.
.
//
/"
"",
'\
\
1
FRIENDS OF
STILLWATER PARKS
2ND ANNUAL SILENT
AUCTION
I May 18, 6:30-8:30 p.m.
I
,
, Tasteful Table
I formerly Monterosso Cafe
I 200 East Chestnut and 2nd Street
I Downtown Stillwater
I
I
i
i
. i F> R> I> E>N> D>S
i
i
I
! Friends of Stillwater Parks would Of
I like to invite you to the Second STILL"WATER
I Annual Silent Auction.
i . Ticket prices will be $10 and
I
! will include a glass of wine in
i
! a hand painted glass (yours
I
I to keep) and an assortment
I of appetizers.
I . The auction will be held at
the brand new Tasteful Table
. The drawing for all items will
I be held at 8:00 p.m.
I . You must be present to win.
I . Auction items include original
art, ceramics, quilts, gift
baskets and other services
from our local merchants.
P~A~R>K>S
I
\ I
"- ./
. FOR MORE INFORMATION Contact Nancy Brown 651-430-3307
.
.
.
STILLWATER. FU5L1C L15RARY
22) N. Fourth St.
Stillwater MN 55082-4806
651.4)9.1675 FAX 651.4)9.0012
Board of Trustees Meeting Agenda
Tuesday, May 9, 2006, 7:00 P.M.
1. Call to Order & Introductions
2. Adoption of the Agenda
3. Communications and Public Commentary
4. Consent Calendar
A. Adoption of Minutes+
B. Payment of Bills
C. Monthly Activity Report*
D. Other Activity Reports*
E. Web Site Usage Report
F. Director and Other Staff Reports+
G. Financial Report - Final 2005 Financial Report+
- April 2006+
H Policy Review - No policy this month
A+
I
A
5. Building Expansion
A. Progress Report
B. Board Tour
I
D
6. Fundraising Campaign
A. Campaign Events
Golf Tournament
Sneak Preview Gala
C. Report of Other Progress to Date
D. Board Fundraising Targets & Pledges
E. Library Foundation
F. Wish Book
I
I
I
I
I
7. Library Address Change
A+
8. Operational Policies: Board Work Groups Iftf
Hours, Personnel, Volunteers - Bill Hickey, Mary Weber, & Carolyn Blocher
Coffee Shop - Dick Huelsmann, Mary Lou Rice, Mary Weber, & Lynne Bertalmio
Meeting Room and Terrace Policies - Bill Fredell, Mary Lou Rice, Julia Sandstrom, & Lynne
Bertalmio
Gallery Policies - Dick Huelsmann, Ruth Ranum, Andrea Tipple, & Lynne Bertalmio
9. Board Vacancy
10. Other
11. Adjournment
D
If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M.
on Monday, May 8, 2006.
A=Action Item I=Information Item D=Discussion Item
+= Document in Packet *= Document to be Distributed at Meeting #=Document Previously
Distributed
Agenda item 4.A.
STILLWATER PUBLIC LIBRARY
223 N. FOURTH ST.
STILL WATER, MN 55082-4806
651 439-1675 FAX 651 439-0012
.
Board of Trustees Meeting Minutes
Tuesday, April 11, 2006
Present: Bill Fredell, Dick Huelsmann, ML Rice, Julia Sandstrom, Brian Simonet,
Andrea Tipple, Mary Weber
Absent: Bill Hickey, Ruth Ranum,
Staff Present: Lynne Bertalmio, Carolyn Blocher
.'
1. Call to Order The meeting was called to order by Vice-president Fredell at 7 :05 pm in the
temporary library facility at Valley Ridge Mall, 1305 Frontage Road West.
2. Adoption of the Agenda The agenda was adopted. Sandstrom/Simonet
3. Communications and Public Commentary No items.
4. Consent Calendar The Consent Calendar was approved including payment of bills in the
amount of $924,352.31 with $867,885.80 of that for construction. Rice/Huelsmann
.
5. Building Expansion
A. Progress Report Trustee Huelsmann reported on progress. To date, $3,475,655 has been
paid or more than one-third of the total construction costs.
B. Work Authorizations No items.
C. Board Tour The Board will tour the Library and view construction progress at 6:00
prior to the May meeting.
6. Fundraising Campaign
A. Campaign Events
Golf Tournament Trustee Simonet updated on the 2006 Golf Tournament set for
Monday, June 19th. Simonet requested help with fund raising portions of the event.
Sneak Preview Gala No report.
B. Report of Other Progress to Date Update on proposals authorized at the February
meeting. No results at this time.
C. Board Fundraising Targets Board members are reminded of their own pledges and
to keep encouraging the contacts that have been identified.
D. Stillwater Library Foundation No update.
E. Wish Book Director Bertalmio shared a draft of a "wish book" for furnishings which had
just been put together by the Friends @ Stillwater Public Library.
7. Parking Lot Access Card Director Bertalmio reported on progress of discussions
regarding parking lot access. The board approved a motion to create a card access system with
users being charged the cost of an access card plus a slight administration fee. Huelsmann/W eber
.
.
.
.
minutes 4/11/06 page 2
8. Operational Policies: Board Work Groups The Board discussed the need for operational
work groups and agreed to take on the following.
Hours. Personnel. Volunteers Mary Weber, Bill Hickey
Coffee Shop ML Rice, Mary Weber
Meeting Room and Terrace Policies Julia Sandstrom, ML Rice, Bill Fredell
Gallery policies Andrea Tipple, Ruth Ranum, Dick Huelsmann
9_ 2005 Annual Report to the State of Minnesota
report that had recently been submitted.
Assistant Director Blocher shared the
10. Other
11. Adjournment
The meeting adjourned at 8:30.
STILL WATER TOWNSHIP
May 11 2006
Chair: Countryman
Ae:enda: Adopt
Minutes: Approve Minutes: Regular Town Board Meeting April 27, 2006
Treasurer: 1. Report
2. Claims And Checks
3. Escrow Update - Johnson, Leys, and Buchman, And Others
4. Newsletter Budget
Attornev: 1. Meinecke Issue
2. Otchipwe Trails Issues
Planner: 1. Accessory Buildings
2. Stivland Cert. of Compliance--Accessory Bldg.Escrow?
3. Buchman Letter
4. Dr. Weber Status
5. P. Johnson Update
Ene:ineer:
1, Not Present
2.
People Portion:
I. Steve Nelson Report
2. Bob Ranalla re: website
Clerk: 1.
2.
Committees: 1. Park Committee Report Arcola Park
2. Planning Commission
Old Business: I.
New Business: I.
Adiourn:
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5/9/2006
Pat Bantli
5/5/2006
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WASHINGTON COUNTY BOARD OF COMMISSIONERS
Preview of Coming Attractions
MAY 16
Workshop - Workforce Investment Board (8:00 a.m.)
The County Board will meet with the Workforce Investment Board for an update.
Workshop - Performance Measurement
The County Board will receive the 2005 Annual Performance Report with an update on
countywide Performance Measurement and Improvement efforts.
MAY 23
. Public Hearinq - Adoption of County Park Ordinance
The County Board will consider adoption of a proposed park ordinance that will incorporate
three ordinances into one, corrects typographical and grammar errors, and adds new language
addressing vehicle permits, drug, alcohol, and tobacco use, property of others camping by
youth, beach hours, horse trails, and parking for vehicles with trailers.
Aqenda - Presentation of 2006 Residential Survey
The County Board will receive results of a recent joint residential survey involving Washington,
Dakota and Scott counties.
MAY
Workshop - Metro Enerqy Task Force Activities
The County Board will conduct a workshop with staff from the department of Public Health and
Environment to receive updates on the activities of the Metro Energy Task Force of which
Washington County is a member. Topics to be included are cost and reliability of energy,
nuclear power, fuel cell technology and other issues.
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Workshop - Meetinq with Metropolitan Council
The County Board will meet with the Chairman and Executive Director of the Met Council to .
discuss issues of mutual interest and concern.
JUNE 6
Groundbreakinq Ceremony for the North Service Center in Forest Lake
JUNE/JUL Y
R.H. Stafford Vacation 6/26-7/10/06
AUGUST 4-8
NACo Annual Conference - Chicaqo. IL
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BID OPENINGS
May 16
Removal of 5 houses (4 in Big Marine Park and one near the Government
Center). Room 170N - Transportation and Physical Development
May 23
Historic Courthouse Dome and Window Repair, Room 170N -
Transportation and Physical Development
M:\USERS\ADM\PRRADDA\WP\AGENDA\Workshops\Preview.doc
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Summary of Proceedings
Washington County Board of Commissioners
April 25, 2006
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
Pulkrabek presided.
Assessment, Taxpaver Services and Elections
Approval to renew off sale liquor license for AJL Enterprises, Inc. for 4/1/06 through 3/31/07.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
The Board discussed an offer by the Minnesota State Colleges and Universities for land located
near 1-694 where the college had a semi-truck driver's training course; possible use could be an
east metro driver's license testing center; Legislative liaison to research this possibility with the
Minnesota Department of Public Safety;
Commissioner Stafford announced that he would no be seeking re-election as county
commISSIOner,
Community Services
Presentation on child support enforcement.
Housine: and Redevelopment Authority
Adoption of Resolution No. 2006-059, approving the 2007 Qualified Allocation Plan for Housing
Tax Credits.
Human Resources
Presentation by Minnesota Counties Insurance Trust regarding operations, coverage and services
offered, value ofloss control and risk management, and challenges facing MCIT.
General Administration
Approval of the following actions:
Resolution No. 2006-061, appreciation to Washington County employees during National
County Government Week, April 23-29, 2006;
Legislative update presented;
Support for the $60 million in appropriation to help with the Federal Deficit Reduction Act;
Board correspondence was received and placed on file.
Public Health and Environment
Approval ofthe following actions:
Appoint Jessica Parcheta, Stillwater Township, to the Minnesota Extension Service Committee,
to a first term expiring December 31, 2008;
Licenses for real property for the collection of household hazardous waste with New Scandia
Township, Cities of Lake St. Croix Beach, Cottage Grove, Forest Lake, Woodbury, and
Stillwater.
Transportation and Physical Development
Approval of the following actions:
Set public hearing on the Lake Elmo Park Reserve Master Plan amendment for May 9,2006 at
9:00 a.m,
Contract with Brickman Group to provide lawn care and landscaping services for various county
facilities;
Resolution No. 2006-060, vacating county's interest in certain real estate on CSAH 16 and
Bielenberg Drive;
Update given on driver feedback sign study;
Workshop held to discuss proposed changes to the County Park Ordinance #93.
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 62nd Street N., Stillwater, Minnesota.
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Summary of Proceedings
Washington County Board of Commissioners
May 2, 2006
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
Pulkrabek presided.
Assessment. Taxpayer Services and Elections
Approval of the following actions:
Third amendment to agreement with Ramsey County for NCR Tax Payment processing;
Resolution No. 2006-065, authorizing the repurchase of parcel 20,031.21.11.0040 by Oneka
Lake View Association, previous owner;
Resolution No. 2006-066, recommending to the Minnesota Commissioner of Revenue the
approval of the application, submitted by the City of Newport, for the acquisition of parcel
36.028.22.23.0002 for an authorized public use;
Resolution No. 2006-067, conveyance of parcel 17.02T21.31.0003 to the State of Minnesota,
contingent on approval by the City of Cottage Grove;
Resolution No. 2006-068, private sale of parcel 17 .027 .21.31.0003 to the Metropolitan Council
for an authorized public purpose;
Resolution No. 2006-069, allowing five additional business days for recording of documents.
. Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Commissioner Hegberg met with Congressman Oberstar and discussed the Rush Line Corridor
which he is interested in seeing built to Duluth rather than just Hinckley; this would increase the
county's contribution between $8,000 and $12,000;
Commissioner Hegberg will meet with the City of Forest Lake on May 8 to discuss 11 th Avenue
where there is a proposal for a freeway 1-35 overpass.
Community Services
Approval of the following actions:
Rate increase for Human Services, Incorporated, New Choices for Recovery Programs for adult
and adolescent primary outpatient chemical dependency treatment;
2006 Community Development Block Grant and Home Investment Partnership Annual Action
Plan that includes funding for six projects amounting to $1,381,547,
General Administration
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Approval of the following actions:
April 4, 11, 18 and 25, 2006 Board meeting minutes;
Amend County Policy #2803, Fund Descriptions, to delete fund #113 for the East Metro EMS
Radio Board;
Open an account with US Bank for the inmate account and close the inmate account at Wells
Fargo;
Legislative update presented;
Groundbreaking ceremony to be held this afternoon at 1 :00 p.m. for the South Service Center in
Cottage Grove;
Update given on sale of land by the Minnesota State College and University System in
Mahtomedi and that there is no immediate buyer;
Board correspondence was received and placed on file.
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Librarv
Approval to open the R.H, Stafford Branch Library in Woodbury at 12:00 p.m. instead of 1 0:00 a,m.
on May 17, 2006 to accommodate an all staff training session.
Public Health and Environment
Approval of the following actions:
Appoint Becky Meyer, Oakdale, to the Minnesota Extension Committee to a partial term
expiring December 31, 2007;
Appoint Marianne O'Malley, Hugo, to the Groundwater Advisory Committee to fill an
unexpired term to December 31, 2006.
Sheriff's Office
Adoption of Resolution No. 2006-064, contract with Bio-Key International for purchase of mobile
data application system.
Transportation and Physical Development
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Approval of the following actions:
Resolution No. 2006-062, bid award for crackseal provision and application on county roads for
2006 to Berman Companies;
Resolution No. 2006-063, bid award for 2006 bituminous road overlays to Tower Asphalt, Inc.
Contract with TKDA, Inc. for environmental and final design services for bridge modifications,
additional turn lanes, and a traffic signal at Keats Avenue (CSAH 19) and 1-94 north ramps in
Lake Elmo.
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 62nd Street N., Stillwater, Minnesota.
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