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HomeMy WebLinkAbout2006-07-18 CC Packet . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-14 Council Chambers, 216 North Fourth Street July 18, 2006 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - July 11,2006 regular and recessed meeting minutes will be available for approval on August 1,2006 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 3. City Clerk 2.Fire Chief 4. Director of Admin. Cancellation of Lumberjack Days Fireworks 5. Community Dev. Director 7. City Attorney 6. City Engineer/PWD 8. Finance Director 9. City Administrator .ONSENT AGENDA* 1. Resolution 2006-155, directing payment of bills 2. Resolution 2006-156, Accepting HA V A Grant and Approving The State of Minnesota Disability Grant Contract 3. Possible approval to purchase 8 AutoMARK tables & various polling place accessibility signage 4. Possible approval of utility bill adjustments 5. Possible approval of banner for ArtReach Alliance promoting the Stillwater Homes Tour Sept. 16, 2006 6. Possible approval of Amended Resolution 2006-107, 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 PUBLIC HEARINGS 1. Case No. SUB/06-25. This is the date and time to hold a public hearing to consider a request from Scott Junker for a resubdivision of two lots located at 1802 4th St Nand 206 West Poplar to create a 10,000 square foot lot in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 9, 2006. (Resolution) UNFINISHED BUSINESS 1. Possible 2nd reading of Ordinance 975, an ordinance amending the Stillwater Code, Chapter 48 entitled Parks and Recreation by restricting animals, amending park hours, and restricting the consumption and possession of intoxicating liquor and 3.2 percent malt liquor in Teddy Bear Park. 2. Possible approval resolution adopting Findings of Fact, Conclusions and Order relating to the "l' application of Scot Shely (Case No. V/06-20) (Available Tuesday). .EW BUSINESS t Possible approval of vacation of parking easement at 227 North Main (Mainstream Development Partnership) (Resolution) 2. St. Croix Area request for placement of United Way Signs 3. Possible approval of rate increases for St. Croix Valley Recreation Center (Resolution) 4. Possible approval of rental agreement and policies for Teddy Bear Park (Resolution) 5. Possible approval of plans & specifications for improvements to the Munkelwitz park (Resolution) 6. Possible approval of preparation of plans & specifications for improvements for Lily lake Ice Arena and the Neal Avenue Trunk Sewer Project (2 Resolutions) . 7. Possible approval of Certified Local Government Scholarship Grant Application (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. . . 2 . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-14 Council Chambers, 216 North Fourth Street July 18, 2006 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of July 11,2006 regular and recessed meeting minutes (May be available Tuesday, if not will be available August 1, 2006) 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 7. City Attorney 8. Finance Director 9. City Administrator CONSENT AGENDA* 1. Resolution 2006-155, directing payment of bills . 2. Resolution 2006-156, Accepting HA V A Grant and Approving The State of Minnesota Disability Grant Contract 3. Possible approval to purchase 8 AutoMARK tables & various polling place accessibility signage 4. Possible approval of utility bill adjustments PUBLIC HEARINGS 1. Case No. SUB/06-25. This is the date and time to hold a public hearing to consider a request from Scott Junker for a resubdivision of two lots located at 1802 4th St Nand 206 West Poplar to create a 10,000 square foot lot in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 9,2006. (Resolution) UNFINISHED BUSINESS 1. Possible 2nd reading of Ordinance 975, an ordinance amending the Stillwater Code, Chapter 48 entitled Parks and Recreation by restricting animals, amending park hours, and restricting the consumption and possession of intoxicating liquor and 3.2 percent malt liquor in Teddy Bear Park. 2. Possible approval resolution adopting Findings of Fact, Conclusions and Order relating to the application of Scot Shely (Case No. V/06-20) (Available Tuesday). NEW BUSINESS 1. Possible approval of vacation of parking easement at 227 North Main (Mainstream Development Partnership) (Resolution) 2. St. Croix Area request for placement of United Way Signs 3. Possible approval of rate increases for St. Croix Valley Recreation Center (Resolution) 4. Possible approval of rental agreement and policies for Teddy Bear Park (Resolution) 5. Possible approval of plans & specifications for improvements to the Munkelwitz park (Resolution) . 6. Possible approval of preparation of plans & specifications for improvements for Lily lake Ice Arena and the Neal Avenue Trunk Sewer Project (2 Resolutions) 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. . . 2 . . . Stillwater Fire Department Memo To: Frum: Date: Re= Mayor Kimble and Council L--.. Stuart W. Glaser, Fire Chief ~j;,- 7/1812006 Lumberjack Days Fireworks Cancellation Notice Due to the extremely dry and hot conditions currently affecting the state and region, the fireworks scheduled for Sunday, July 23, in coordination with Lumberjack Days, have been cancelled. The Minnesota Department of Natural Resources has issued burning restrictions, which indude the Twin Cities Metropolitan area, due to the very high grasslandlwildfire potential. This cancellation decision has been discussed with both the pyrotechnic company, Melrose Pyrotechnics, Inc., hired to launch the fireworks as well as the event coordinator, St Croix Events, Inc. Both agencies concur with this decision and that conditions are too volatile to conduct the display. . I' LIST OF BILLS . EXHIBIT" A" TO RESOLUTION #2006-155 3M Ace Hardware Adolfson & Peterson Construction Ancom Technical Center Appletree Institute Aramark Arcon Construction Aspen Mills Board of Water Commissioners Breezy Point Resort Buberl Black Dirt Carquest Cartridge World Clark, Luann Coca Cola Community Volunteer Service Coordinated Business Systems Delta Dental Detwiler, Brian Elk River Chrysler Emergency Automotive Tech .ESS Brothers & Sons Farm Plan Foremost Promotions Fred's Tire G&K Galles Corporation Heritage Printing Holman, Rose Insight Public Sector Johnny's TV Kidder, Angela Larson Allen Lenz, Mark Long Lake Villas Magler, Jeff Menards Met Council MN State Treasurer Metrocall Metropolitan Council Napa Neopost .NorthwoOd Power Equipment Office Depot Office Max Pfister, Richard Polhena, Michael Quill Protective Film for Signs Equipment Repair Supplies Application for Payment for Library Radio Repairs August 2006 Health/Hospital Retiree Cobra Uniform Shirts Application for Payment for 2006 Street Project Uniforms May & June 2006 Water Meter Report Housing for AMEM Conference Black Dirt Equipment Repair Supplies Refill Ink Cleaning at Public Works Soda for Concessions July 2006 Allocation Repair Fax July 2006 Dental Cobra Reimburse for Mileage 2 Grass Rigs Optical Emitter Equipment Repair Supplies Equipment Repair Supplies General Supplies Tire Repair Uniform Cleaning, Rugs, Towels, Mops General Supplies Business Cards Reimburse for Cable & Adapter General Supplies Cameras Park Deposit Refund Final Billing for Audit Refund Landscaping Escrow 2006 TIF #8 Collections Reimburse for Batteries General Supplies Wastewater Service for July 2006 2nd Quarter 2006 Surcharge Report Pager Service June 2006 Service Availability Charges Equipment Repair Supplies Maintenance Agreement Equipment Repair Supplies Office Supplies Office Chairs 1 st Half TIF #8 Collections Reimburse for Mileage Office Supplies 1,241.55 190.01 82,650.00 104.59 31,205.46 18.99 707,887.47 319.29 23,859.00 1,050.00 46.86 438.31 42.60 140.00 538.80 3,937.50 115.00 311.20 17.80 47,252.60 965.25 4,409.10 38.40 932.54 21.33 3,133.92 244.33 250.63 42.58 38.85 212.99 50.00 5,583.00 2,746.00 28,464.43 20.93 48.53 95,087.50 7,041.13 43.52 13,810.50 66.21 1,330.00 311.07 34.49 124.45 11,959.49 80.10 148.02 EXHIBIT" A" TO RESOLUTION #2006-155 RDJ Specialties Reed Business Information River Valley Printing Sherwin Williams St. Croix Boat & Packet St. Croix Preservation St. Croix Recreation Co. Staunton, Rosie Stillwater Towing Stratmoen, Sharon Streicher's TA Schifsky & Sons, Inc Thomas Grahek Builders TruGreen United Rentals UW-Extension Washington County Recorder Yocum Oil Youth Service Bureau Zee Medical Service ADDENDUM TO BILLS Arch Wireless Anderson, Richard dba Lowell Inn Carquest Coronado Springs Resort Cub Foods Dougherty Funding Frank Madden & Associates Holst, Jeff Idea Bank Kirvida MJ Raleigh Truck Co. MN Boundary Adjustment MN Department of Public Safety Magnuson Law Firm Menards North Shore Compressor Office Depot Office Max Onsite Sanitation Quill Rottlund Homes Shilts, Cindy Short Elliott Hendrickson Springsted TA Schifsky & Sons, Inc Washington County Assessment Washington County License Center Waste Management Waterous Company Workwell Occupational Health Page 2 General Supplies Construction Legal Ad Printing Paint June 2006 Expenses 1 st Half TIF #1 Collections Installation of Playground Equipment Park Deposit Refund Towing Refund Skate Lessons Uniforms Asphalt Grading Escrow Refund Fertilizer & Weed Control General Supplies/Equipment Repair Supplies Subscriptions Recording Fuel July 2006 Allocation Medical Supplies 3rd Quarter Pagers 1st Half Property Tax Abatement for 2006 Equipment Repair Supplies Hotel For Conference Supplies TIF Payments Labor Relations Services Professional Plumbing Services Fire Education DVD's Installation of Aluminum Storage Container Remove Weir Wall on Long Lake Land Annexation Title for Forfeiture Professional Services Through 07/14/06 Equipment Repair Supplies Filter Cartridge Office Supplies Office Supplies Portable Restroom Rentals Office Supplies Reimburse for Check Sent in Error Advance for Conference Professional Services Through 06/30/06 Professional Services Through 06/02/06 Asphalt 2006 Assessment Fee Sales Tax & License for New Vehicles July - September Service Prime Safe Oil Pre-employment Drug Test .. .-. 235.61. 190.80 186.38 102.13 31,384.60 2,184.75 5,225.00 50.00 261.38 65.00 179.90 404.17 1,500.00 319.50 763.75 27.95 168.00 6,973.61 22,750.00 101.70 1,098.4. 3,546.14 7.85 1,006.88 18.97 175,661.59 126.00 675.00 302.50 1,074.00 260.00 25.00 17.50 8,178.43 28.23 262.76 157.31 51.09 1,491.01 71.83 100.00 300.00 478.04 5,085.00 311.0. 80,230.9 3,965.10 74.58 133.32 64.00 ... .' EXHIBIT" A" TO RESOLUTION #2006-155 Page 3 . TOTAL 1,436,483.09 Adopted by the City Council this 18th Day of July, 2006 . . . . Jyyater THE IllllI.lACIE Of MI-'NfJD1A REQUEST FOR INSTAllATION OF BANNER (FOR NON-PROFIT ORGANIZATIONS ONLY) 1. APPLICANT ~~. ' _ 2. ORGANIZATION Ll.Jl;t~ ~ 3. ADDRESS TELEPHONE ~) - q 3<67 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ~ ~T(}Wl) ~.I btd.D{)~ 5. BANNER lOCATION REQUESTED: . o South Main Street at Olive St.* 'f. North Main Street at Myrtle St.* o Chestnut Street at Union Alley *MnDot APPROVAL REQUIRED FOR MAIN STREET lOCATIONS 6. DATES TO BE DISPLAYED: dutJ~ ~Z~ 7. COMPANY INSTALLING BANNER: . Address /'I5gb N. h/st sf. CJ, . DfH Phone3 ~q -{QJ ~ . I . . . AMENDED RESOLUTION NO. 2006-107 A RESOLUTION ANNEXING LAND TO THE CITY OF STILL WATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILL WATER 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-of-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-of-way within Neal Avenue North between Boutwell Road and County Road 64, that is not within the City, but is 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: 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 Exhibit "A" is now or about to become urban and the City. 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, if any, with respect to the land, will be divided as provided by Section 7.03 of the Joint Resolution, however, the Land has an exempt status since it is used as a Town road and the land will continue as a roadway in the City and should not yield real estate taxes because it will continue to have exempt status. 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 6th day of June, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk . . EXHIBIT A That part of the Neal A venue right-of-way between Boutwell Road and County Road 64 that is within the Town of Stillwater. and That portion of the Minnesota Zephyr Limited proeprty within the Stillwater Townhip lying within the Neal Avenue east and west right-of- way lines. . . ~z -or- ., 0 o 0 '"tJm O!:!: en 0 CD ::l C.s 2m CD-o Q) - )> < CD )> ::l ::l CD X Q) r+ -. o ~ r\~ I~~ P' 0J , IlJI II I \ I ___ \ I, 'r ~I \ , ]/f! " . J 'f!! KsJ " '. ' k<' ...... 2_ " ~ "''''2 ........ ...... .'. '<.1 '. +-- ~ :;. Ice 1'\'\ V~-=r .............. ~~ ~ ,c", itl;:, -t,T ' ii'j ~ " , ~ ~l If I ~ '---" '.. 1- l' /9'" .~~' l. '., .. , yo "'---" "", ~ '" I ~ ~II ' L2.~ f !'f" " " "). , .~\\ ....,.., ., ''I' \r ,..' xl.<H, ,ft ., ," .....,.... ~;[~r; '7., \,~ b-" ? Q~~~o, 8-8C' I"'" ......... t>> o 00=t>> /, Y -g -g "8 a c. ~,A 2 ~~! ~~ l\;~. J //;z~ 00~ a ~ // h-,. ~ -. :J ~ .. '.' / / / P = << " <, / ~ X .. //, . ~Q.~ '< v/ . ... (/')0 .... '" ~ / ~ ~ ~ .-/ v !~~ ~ . ~~)@F Ii --c- \. I J~__/-~~~ / " .-:! : "j i 1 I I , J II -: Ii '/' r; ,I "_I 11 -- ; ~ I j ~ ~ I i '. I ~__'l 1 l .' " I, --- ',' I, '. '. '. J - .- (~ ' }l /1\ ,~ L-, I I ,,--' rJ LIST OF BILLS .EXHIBIT" A" TO RESOLUTION #2006-155 3M Ace Hardware Adolfson & Peterson Construction Ancom Technical Center Appletree Institute Aramark Arcon Construction Aspen Mills Board of Water Commissioners Breezy Point Resort Buberl Black Dirt Carquest Cartridge World Clark, Luann Coca Cola Community Volunteer Service Coordinated Business Systems Delta Dental Detwiler, Brian Elk River Chrysler .Emergency Automotive Tech Ess Brothers & Sons Farm Plan Foremost Promotions Fred's Tire G&K Galles Corporation Holman, Rose Insight Public Sector Johnny's TV Kidder, Angela Larson Allen Lenz, Mark Long Lake Villas Magler, Jeff Menards Met Council MN State Treasurer Metrocall Metropolitan Council Napa Neopost .NorthwoOd Power Equipment Office Depot Office Max Protective Film for Signs Equipment Repair Supplies Application for Payment for Library Radio Repairs August 2006 Health/Hospital Retiree Cobra Uniform Shirts Application for Payment for 2006 Street Project Uniforms May & June 2006 Water Meter Report Housing for AMEM Conference Black Dirt Equipment Repair Supplies Refill Ink Cleaning at Public Works Soda for Concessions July 2006 Allocation Repair Fax July 2006 Dental Cobra Reimburse for Mileage 2 Grass Rigs Optical Emitter Equipment Repair Supplies Equipment Repair Supplies General Supplies Tire Repair Uniform Cleaning, Rugs, Towels, Mops General Supplies Reimburse for Cable & Adapter General Supplies Cameras Park Deposit Refund Final Billing for Audit Refund Landscaping Escrow 2006 TIF #8 Collections Reimburse for Batteries General Supplies Wastewater Service for July 2006 2nd Quarter 2006 Surcharge Report Pager Service June 2006 Service Availability Charges Equipment Repair Supplies Maintenance Agreement Equipment Repair Supplies Office Supplies Office Chairs 1,241.55 190.01 82,650.00 104.59 31,205.46 18.99 707,887.47 319.29 23,859.00 1,050.00 46.86 440.31 42.60 140.00 538.80 3,937.50 115.00 311.20 17.80 47,252.60 965.25 4,409.10 38.40 932.54 21.33 3,133.92 244.33 42.58 38.85 212.99 50.00 5,583.00 2,746.00 28,464.43 20.93 48.53 95,087.50 7,041.13 43.52 13,810.50 66.21 1,330.00 311.07 34.49 124.45 EXHIBIT n An TO RESOLUTION #2006-155 Pfister, Richard Polhena, Michael Quill RDJ Specialties Reed Business Information River Valley Printing Sherwin Williams St. Croix Boat & Packet St. Croix Preservation St. Croix Recreation Co. Staunton, Rosie Stillwater Towing Stratmoen, Sharon Streicher's T.A. Schifsky & Sons, Inc Thomas Grahek Builders TruGreen United Rentals UW-Extension Washington County Recorder Yocum Oil Youth Service Bureau Zee Medical Service Page 2 1 st Half TIF #8 Collections Reimburse for Mileage Office Supplies General Supplies Construction Legal Ad Printing Paint June 2006 Expenses 1 st Half TIF #1 Collections Installation of Playground Equipment Park Deposit Refund Towing Refund Skate Lessons Uniforms Asphalt Grading Escrow Refund Fertilizer & Weed Control General Supplies/Equipment Repair Supplies Subscriptions Recording Fuel July 2006 Allocation Medical Supplies . 11,959.49 80.10 148.02 235.61 190.80 186.38 102.13 31,384.60 2,184.75 5,225.00 50.00 261.38 65.00 179.90 404.17 1,500.00 319.50 763.75 27.9. 168.0 6,973.61 22,750.00 101.70 . · Memo To: Mayor and City Council From: Diane F. Ward, City Clerk Date: 7/13/2006 Subject: HA V A Grant At the April 4, 2006 meeting Council authorized the application for a grant to be used by the cities and townships for polling place improvements in Categories 1 and 2 (polling place accessibility, and providing access and participation, including privacy and independence, for voters with full range of disabilities as well). Minnesota cities and townships had the opportunity to apply for a portion of the funding for polling place accessibility projects. The City received the grant in the amount of $6,288.00. The money from this grant will be used to purchase 8 AutoMARK Tables (the new handicap accessible ballot machines to sit on) one in each polling location and additional signage for each polling location. . RECOMMENDATION: It is recommended that the City accept and approve this grant and authorize the City Clerk as the Grantee's Authorized Representative for this grant. ACTION REQUIRED: Adopt Resolution 2006-_, ACCEPTING HAVA GRANT AND APPROVING THE STATE OF MINNESOTA DISABILITY GRANT CONTRACT . 1 . ACCEPTING HA V A GRANT AND APPROVING THE STATE OF MINNESOTA DISABILITY GRANT CONTRACT BE IT RESOLVED by the City Council of Stillwater, MN accepts the grant from the State of Minnesota in the amount of $6.288 for the purchase of polling place accessibility improvements, hat the Grantee's Authorized Representative is Diane Ward, City Clerk and that the Mayor and City Clerk are authorized to execute the disability grant contract on behalf of the City of Stillwater Adopted by the Stillwater City Council this 18th day of July 2006. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . MINNESOTA SECRETARY OF STATE OFFICE Mary Kiffmeyer, Secretary of State June 29,2006 Diane Ward City of Stillwater Washington County 216 N 4th St Stillwater, MN 55082 Dear Diane, I am pleased to announce that you have been selected to be a recipient of the Minnesota portion of the federal Election Assistance for Individuals with disabilities grant. There was an excellent response to the grant opportunity: 50 cities and 63 townships from 39 counties. Federal law requires that grants are awarded only for requests that fall within the below four . categories as outlined within the original grant announcement: · Categories I & 2 - polling place accessibility, and providing access and participation, including privacy and independence; and · Categories 3 & 4 - training and informational materials. Your grant request falls within the above established categories and meets the federal law requirements. City of Stillwater has been awarded $6,288 to be used for polling place accessibility improvements, as were designated on your application. This includes: · 8 AutoMARK Tables - $3,568 (one for each of the eight polling places reference on your grant application) · Signs - $2,720 Please read thoroughly, execute and immediately return the attached certification and contract. EAID Grant funds will not be reimbursed without signature on the attached EAID Grant Certification Letter, Contract or submittal of the HHS Grant Reimbursement Form. Please refer to the enclosed "Next Steps for Using the Disability Grant Funding" insert. . 180 State Office Building · 100 Rev. Dr. Martin Luther King Jr. Blvd. · St. Paul, MN 55155-1299 651-201-1328 · 1-877-600-8683 · TTY: MNRelayService 1-800-627-3529 · Fax: 651-215-0682 Web site WWW.sos.state.mn.us · E-mail secretary.state@state.mn.us Again, congratulations on your grant award. Thank you for your sincere dedication to making Minnesota's polling places accessible for all voters. Sincerely, 9i[tUIf hi Mary Kiffmeyer Secretary of State Cc: County Auditors County Commissioner Board Chairs Legislators . . . . . . STATE OF MINNESOTA DISABILITY GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Secretary of State ("State") and ("Grantee") City of Stillwater, Washington County Recitals 1. Under laws 2005, Chapter 162 section 34 subd. 5 the State is empowered to enter into this grant. 2. The State is in need of improvements to polling place accessibility. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: June 28, 2006, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: April 30, 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; JO. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will use the funds awarded to implement the following accessibility improvements: · 8 AutoMARK Tables - $3,568 (one for each of the eight polling places referenced on your grant application) · Signs - $2,720 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. . 4 Consideration and Payment a. Consideration. The State will reimburse all expenditures undertaken by the Grantee under this grant contract as follows: · 8 AutoMARK Tab]es - $3,568 (one for each of the eight polling places referenced on your grant application) . Signs - $2,720 Total Obligation. The total obligation of the State for all reimbursements to the Grantee under this grant contract will not exceed $6,288. 4.2.Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely. 51. Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Title II, CFDA number 93-617, of the He]p American Vote Act of 2002. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee I s failure to comply with federal requirements. . 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local ]aw. 6 Authorized Representative The State's Authorized Representative is Juliana Salcedo, EAID Grant Administrator, 100 Rev. Dr. Martin Luther King Jr. Blvd, (651) 201-1356, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certifY acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Diane Ward City of Stillwater Washington County 216 N 4th 5t Stillwater, MN 55082 If the Grantee's Authorized Representative changes at any time during this grant contract, e . . . the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under trus grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved trus grant contract, or their successors in office. 7.2 Amendments. Any amendment to trus grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. lfthe State fails to enforce any provision oftrus grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. ~ 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of trus grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under trus grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat.~ 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. ~ 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. . 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identifY the State as the sponsoring agency and must not be released without prior written approval from the State I s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or servIces. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination The State may cancel this grant contract at any time, with or without cause, upon 30 days I written notice to the Grantee. Upon tennination, the Grantee will be entitled to payment, detennined on a pro rata basis, for services satisfactorily performed. 15 Data Disclosure Under Minn. Stat. ~ 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. . . . . . 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. ' , 16A.15 and 16C.05. Signed: Date: CFMS Grant contract No. A- 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State . . . STAFF REQUEST ITEM Department: ELECTIONS Date: July 13, 2006 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval to purchase 8 AutoMark Tables Various Signs for polling place accessibility Cost: Not to Exceed $6,288.00 FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) These items will be reimbursed from the State of Minnesota Disability Grant ADDITIONAL INFORMATION ATTACHED Yes No x ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. I Submitted by: I Date: A w ..d aAzh tX- July 13,2006 . CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council FROM: Sharon Harrison, Finance Direct DATE: July 18, 2006 SUBJECT: Utility Bill Adjustments - Sewer Charges Description Recommendation 1 Water Conditioner Leak Reduce quarterly billing to 15,000 gallons for year 2 Toilet Leak Reduce quarterly billing to 21,000 gallons for year 3 Toilet Leak Reduce quarterly billing to 18,000 gallons for year 4 Toilet Leak Reduce quarterly billing to 4,000 gallons for year . 5 Toilet Leak Reduce quarterly billing to 14,000 gallons for year 6 Toilet Leak Reduce quarterly billing to 9,000 gallons for year 7 Toilet Leak Reduce quarterly billing to 14,000 gallons for year 8 Toilet Leak Reduce quarterly billing to 4,000 gallons for year 9 Toilet Leak Reduce quarterly billing to 22,000 gallons for year . ,. . . . TO: Mayor & City Council FROM: Bill Turnblad, Community Development Directo~ DATE: >oC July 11, 2006 MEETING DATE: July 18, 2006 REGARDING: Lot Resubdivision LOCATION: 206 West Poplar & 1802 North 4th BACKGROUND Mr. Scott Junker owns the property at 1802 North 4th Street. He is proposing to divide about 2,100 square feet from the property abutting on the west, combine it with his property and then resubdivide his resulting property into two lots. The result would be three lots where two now exist. REQUEST Mr. Junker is requesting City Council approval of the resubdivision of two existing platted lots into three parcels. DISCUSSION City Code Section 32-1, Subd. 4(2) establishes a process whereby a new parcel may be created from an already platted lot(s). The process is referred to as "resubdivision". A resubdivision must go to the City Council for review and action. As detailed in the attached planning report, one of the three proposed parcels would not meet the 10,000 square foot minimum lot size requirement. It would require a 6% variance in order to be approved for resubdivision. Therefore, a variance hearing was conducted before the Planning Commission on July 10, 2006. Lot lines for the three lots could be configured in a way that would meet the minimum lot size requirement. The lots would satisfy all other zoning standards as well. However, the resulting lot configurations would not pass the "common sense" test. The lots would have bizarre property line arrangements that would result in unusable yard Junker Resubdivision July 11, 2006 Page 2 of2 space and the lot lines that would be difficult to locate. Therefore, the variance request seems reasonable. RECOMMENDATION Planning Commission The Planning Commission passed a unanimous motion to approve the requested lot size variance and recommend approval of the resubdivision. The motion included the conditions found in the attached planning report. Staff Staff recommends approval of the resubdivision with the conditions found in the attached resolution. attachments: Resolution of Approval Planning Report ... \; . . . Jo ) . . . RESOLUTION NO. 2006- A RESOLUTION APPROVING A RESUBDIVISION OF PROPERTY LOCATED AT 206 WEST POPLAR AND 1802 NORTH 4TH STREET CASE NO. SUB/06-25 WHEREAS, Scott Junker made application for approval of a resubdivision of two parcels into three parcels, the two existing parcels being located at 206 West Poplar and 1802 North 4th Street; and WHEREAS, the legal descriptions of the three resulting parcels are: See Exhibit A; and WHEREAS, on July 10, 2006 the Planning Commission held a public hearing on the resubdivision and a requested size variance for one of the parcels; and WHEREAS, on July 10, 2006 the Planning Commission approved the parcel size variance and recommended that the City Council approve the resubdivision; and WHEREAS, the requested resubdivision is consistent with the City's Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested resubdivision of property with the following conditions: 1. Prior to issuance of a letter by the City approving the resubdivision and prior to filing this resolution of approval with Washington County for recording, Mr. Junker shall submit to the City a certificate of survey showing the new lot lines for all three parcels as well as legal descriptions for each of the three parcels. 2. The surveyed lot lines and legal descriptions shall be substantially similar to Exhibit B in tern'1s of lot line configuration and dimensions. 3. The owner of property located at 206 W Poplar Street shall submit written approval ofthe resubdivision prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County for recording. 4. The Interim Public Works Director has noted that there are deferred utility hook- up fees to be paid for the Junker property. Prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County for recording, these fees must be submitted to the City. Enacted by the City Council of the City of Stillwater, Minnesota this 11 th day of July, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk '" . . . City of . 90' ----------- +/- 12,900 sf Scott Junker I I I .~ I 10,000 sf I I . It') II-- I I I I I I lie I I +/- 9,400 sf I I Exhibit B ~~te~ THE BIRTHPLACE Of MINNESOTA ~ . DATE: July 3, 2006 CASE NO.: SUBj06-25 APPLICANT: Scott Junker REQUEST: 1) Resubdivison 2) Lot Size Variance LOCATION: 206 West Poplar & 1802 North 4th COMPREHENSIVE PLAN: SFLL, Single Family Large Lot PLANNING COMMISSION DATE: July 10, 2006 ZONING: RA, Single Family Residential REVIEWERS: City Planner, Interim Public Works Director PREPARED BY: Bill Turnblad, Community Development Director~ . BACKGROUND Mr. Scott Junker owns the property at 1802 North 4th Street. It is about a 17,300 square foot lot with a recently constructed home on it. He is proposing to divide about 2,100 square feet from the property at 206 W. Poplar Street, combine it with his property and then resubdivide his resulting property into two lots. Mrs. Dorothy Benson owns the property at 206 W. Poplar Street and according to Mr. Junker has agreed to sell him the needed portion of her property. The result would be three lots where two now exist. Lot A would continue be owned by Mrs. Benson. It would be about a 12,900 square foot lot. Lot B would be about a 10,000 square foot lot owned by Mr. Junker. It would be a vacant lot. Lot C would be about a 9,400 square foot lot owned by Mr. Junker. It would be the site of a residence constructed by Mr. Junker. Exhibit B shows the current and proposed lot lines. All of the subject property is zoned RA, Single Family Residential. Since the minimum . lot size in the RA Zoning District is 10,000 square feet, and Lot C would only have about . . . Junker Resubdivision & Varianc,- July 3, 2006 Page 2 9,400 square feet, about a 600 square foot lot size variance would be required to resubdivide the properties as proposed. SPECIFIC REQUEST Mr. Junker has made application for the following specific requests: 1. Approval of a resubdivsion creating three lots where two now exist; and 2. Approval of a variance to allow the creation of about a 9,400 square foot lot whereas a 10,000 square foot minimum lot size is required. EVALUATION OF REQUEST 1. RESUBDlVISION City Code Section 32-1, Subd. 4(2) refers to a process whereby a new lot is being created from already platted lots as a "resubdivision". As long as no variances are required, the resubdivision request would go to the City Council for approval. In this case, a variance is necessary, so the request must first be reviewed by the Planning Commission before the City Council may take action. The required and proposed minimum dimensional standards for the resubdivided properties are summarized below. Lot A LotB LotC Lot size proposed 12,900 10,000 9,400 Lot size required 10,000 10,000 10,000 Lot width proposed 90 75 75 Lot width required 75 75 75 Maximum buildable slope 24% 24% 24% Maximum slope used or 17% 14% 19% proposed for building As can be seen the three proposed lots satisfy all dimensional requirements except that Lot C requires a 6.4 % variance from minimum lot size. The Interim Public Works Director has noted that there are deferred utility hook-up fees to be paid for the Junker property. Prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County, these fees must be submitted to the City. Junker Resubdivision & V arian(,~ July 3, 2006 Page 3 . II. VARIANCE Proposed Lot C as seen in Exhibit B has a size of about 9,400 square feet. The minimum required lot size is 10,000 square feet. Therefore, a 600 square foot variance would be needed. The requested 6.4 % variance does not represent a substantial departure from the minimum size requirement. Moreover, it is possible to resubdivide the two existing lots into three lots in a manner that would meet all of the City's standards. The resubdivision alternative is shown as Exhibit C. Though the alternative resubdision meets all minimum standards, it would result in a lot line arrangement that does not meet the" common sense test". Therefore, in order to create lot lines that are easier to identify and yard spaces that are more useable, the requested variance is reasonable. The hardship and uniqueness review criteria are satisfied in this instance. The combined square footage of both existing lots is sufficient to provide enough area for a third lot. Moreover all three of the lots would satisfy all dimensional standards. But, the current configuration of that square footage is such that maintaining all dimensional standards would result in lots that have a bizarre arrangement of lot lines. ALTERNATIVES . The Planning Commission has several alternatives. A. Approval. If the proposed variance and lot resubdivision is found to be acceptable to the Planning Commission, it should approve the variance and recommend that the City Council approve the resubdivision, subject to the following conditions: 1. The resubdivision shall be substantially similar to Exhibit B in terms of lot line configuration and dimensions. 2. The owner of property located at 206 W Poplar Street shall submit written approval of the resubdivision prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County. 3. The Interim Public Works Director has noted that there are deferred utility hook-up fees to be paid for the Junker property. Prior to issuance of a letter by the City approving the resubdivision and prior to filing the resolution of approval with Washington County, these fees must be submitted to the City. . . . . Junker Resubdivision & V arian(,~ July 3, 2006 Page 4 B. Denial If the Planning Commission finds that the resubdivision and lot size variance are not advisable, it could deny the lot size variance and recommend denial of the resubdivision. With a denial, the basis of the action should be given. RECOMMENDATION Staff finds the requested resubdivision and variance to be reasonable and therefore recommends approval with the conditions identified in Alternative A above. cc: Scott Junker attachments: Location & Zoning Map Resubdivision Site Plan Alternative Resubdivision Site Plan . . . Ordinance No.: AN ORDINANCE AMENDING THE STILLWATER CODE, CHAPTER 48 ENTITLED PARKS AND RECREATION BY RESTRICTING ANIMALS, AMENDING PARK HOURS, AND RESTRICTING THE CONSUMPTION AND POSSESSION OF INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR IN TEDDY BEAR PARK. The City Council of the City of Stillwater does ordain: 1. Purpose. The City Council finds it necessary to regulate and restrict the use of Teddy Bear Park in order to protect and maintain a healthful, safe and desirable environment. Teddy Bear Park means the City Park at 2nd and Nelson Street designed and built primarily to accommodate children between the ages of 2 and 7. 2. Amending. A. The Stillwater City Code, Section 48-2, subd. 7 is stricken in its entirety and replaced with the following: Subd. 7. Dogs and pets are permitted in all City of Stillwater public parks, except Teddy Bear Park, subject to the regulations and restrictions set forth in City Code, Section 27-1, Subd. 6a and Subd.7. No dogs or pets, except service animals and zoo animals, may be in or upon Teddy Bear Park. B. The Stillwater City Code, Section 48-4 is stricken in its entirety and replaced with the following: Sec. 48-4. Consumption and possession of intoxicating liquor and 3.2 percent malt liquor in City of Stillwater Parks. Subd. 1. Prohibited generally. No person may consume upon, introduce upon or have in his possession upon any City of Stillwater public park any intoxicating liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A without a permit issued by the City. The fee for permit may be established by resolution of the city council. The city council may, by resolution, designate certain parks as an alcohol free park effectively prohibiting all intoxicating liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A in designated parks. C. The Stillwater City Code, Section 48-5 is stricken in its entirety and replaced with the following: . Sec. 48-5. Prohibited hours for certain acts. Subd. 1. Prohibited hours for certain acts generally. It is unlawful for any person to be present in or upon the public parks within the city between the hours of 10:00 p.m. and 6:00 a.m. when that person does loiter or make undue noise by shouting or yelling, or when that person otherwise disturbs the peace and quite of the city. Subd. 2. Prohibited hours for Teddy Bear Park. It is unlawful for any person to be present in or upon Teddy Bear Park between the hours of8:00 p.m. or dusk, whichever is earlier, and 8:00 a.m. Subd.3. Exemptions by city council. The city council may, upon its own motion or upon application, waive prohibition of subdivisions 1 and 2 of this section for specific occasions, groups or individuals, upon reasonable assurances that the safety and welfare of the public and the peace and quiet of the city will be protected. 3. Saving. In all other ways, the Stillwater City Code shall remain in full force and effect. . 4. Effective Date. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this _ day of , 2006. By: Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A VARIANCE TO ALLOW IN THE RB, TWO FAMILY RESIDENTIAL DISTRICT. CASE NO. V/06-20 WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a variance for constructing a 1,500 square foot single-family home to be located partially on or near 24% plus slopes in the RB, Two Family Residential District; and WHEREAS, the City Council has given full consideration to all the evidence presented and due consideration, resolves as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding supporting the decision to deny the variance to construct a 1,500 square foot single-family home to be located partially on or near 24% plus slopes in the RB, Two Family Residential District, are hereby accepted and adopted. Adopted by affirmative vote of all the members of the City Council on the 18th day of July, 2006. Jay L. Kimble, Mayor ATTEST: Diane Ward, City Clerk STATE OF MINNESOTA CITY OF STILLWATER . COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Scott Shely Case No. V 106-20 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing at approximately 7:00 p.m. on July 11, 2006 at the Council Chambers in City Hall on the Application of Scott Shely ("Applicant") for approval of a variance from the zoning regulations of the Stillwater City Code. The matter was before the Council on an appeal filed and perfected by Mr. Shely of a Planning Commission decision denying the request for a variance made at the conclusion of the Public Hearing held by the . Planning Commission on June 12, 2006. At the Hearing, the City Council considered the report of Shawn Sanders, the Interim City Public Works Director, testimony and exhibits submitted by the Applicant, the Staff Report and Minutes of the Planning Commission, a map, testimony of adjacent neighbors of the property in question, and the Planning file prepared by City Staff for the Application, which include the documents referenced on Exhibit "A". NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. This site is located south of the property at 621 Willard Street West and is legally e described as Lots 7 and 8, Block 1, Holcombe's Addition and part of vacated South Harriet . Street, Document No. 807955, excepting the East 10 feet of Lot 8, Block 1, Holcombe's Addition. The property has been assigned a property identification number of33.030.20.21.0005 by Washington County. Mr. Shely purchased Lots 10, 11, and 12, Block 2, Holcombe's Addition (locally known as 716 Harriet Street) in July, 1987. In March of 1994 Mr. Shely purchased Lots 7 and 8, Block 1, Holcombe's Addition. Mr. Shely subsequently sold Lot 10-12, Block 2, Holcombe's Addition and the west 'li of South Harriet Street in March of 2005 and retained ownership of Lots 7 and 8, Block 1, Holcombe's Addition. 2. The Applicant is requesting consideration of a variance to Chapter 31-5.2(3)aA of the Stillwater City Code to allow for the construction of a 1,500 square foot single-family home to be located partially on or near 24% plus slopes. The subject site is zoned RB, two- family residential. In the RB zoning, single-family homes, duplexes, and parks & playgrounds . are permitted uses. The lot is 120' by 150' for a total of 18,000 square feet in area. The lot meets all of the lot size requirements of the Zoning Code with the exception of the prohibited steep slopes and that it fails to have the required 35 feet of frontage on an improved public street as required by Chapter 31-1.12(5)7 of the Stillwater Zoning Code. As of the time of the hearing the Applicant has not requested a variance to the required 35 foot frontage on an improved public street and this potential variance is not being considered as part of this request. 3. The topography and slopes encountered on the property are a natural occurrence not created by the property owner. The Applicant claims that utilities, sanitary sewer and storm sewer, installed and maintained by the City, have a direct impact on the subject site. However, the City secured an Easement from a previous owner of the subject property as evidenced in the Easement filed in Book 97 of Deeds, page 169, Washington County Records. While the . Applicant may not have been a direct party to this Easement the fact that a previous owner - 2 - entered into this Easement and the Easement was recorded, Mr. Shely made himself a party to . the Easement when he purchased the property. Additionally, at the request of Mr. Shely, the City amended the Easement from a non defined easement area to a defined easement area as evident in revised Easement recorded in the Washington County Records. 4. In a letter dated March 17, 1994, Mr. Shely requested that the City vacate a 60' by 150' portion of Harriet Street. In this letter Mr. Shely called the property "a piece of vacant wooded land on a slope." Additionally, Mr. Shely stated that "I own the property on both sides of the described City land and would like to have the property all connected together." In the same letter, he stated "that would leave me with 60' frontage on Harriet Street." 5. The request at that time was to vacate a 60' by 150' portion of South Harriet Street between Abbott Street and West Willard Street. Additionally, the planner's report stated "the property owner has indicated he would like all properties combined" referring to the . properties the Applicant owned on either side of the now vacated portion of South Harriet Street. The City Council approved the request on March 3, 1994. A Resolution was subsequently filed with the Washington County Recorder as Document No. 807955. 6. Mr. Shely owned both the subject property and Lot 10-12, Block 2 until February of 2005. At that time the combined property had 60 feet of frontage on an improved public street. In March of2005, Mr. Shely sold Lot 10-12, Block 2. When Mr. Shely sold the property he, in effect, created the subject parcel and the hardship. 7. In a letter from Mr. Erickson, the Applicant's Engineer, it was stated "that the lot would access the parcel from Harriet Street." Additionally, the current Ordinance allows for a minimum of30 feet of frontage (City Code Chapter 32, Subd. 6(10)(e)) onto an approved street." The Code Section cited by Mr. Erickson states exactly: . - 3 - . . . "(10) Lot requirements. Lot requirements are as follows: e. Building Sites. Each lot used as a building site must have a total width at the front or rear lot line of not less than 30 feet." 8. This Code Section does not relate to "minimum lot frontage on an approved street" but rather a minimum lot width required by the City's subdivision standards for all lots in the City of Stillwater. The minimum frontage requirement for all lots in the RB zoning district is a zoning requirement found in Chapter 31-1.12(5)7 ofthe Zoning Ordinance and states: "7. Frontage requirements. For all buildings at least 35 feet of frontage on an improved public street." 9. This parcel only has 30 feet of frontage on Harriet Street, the only improved public street adjoining the subject site, and does not meet the minimum frontage requirement in the RB zoning district. This lot only has 30 feet of frontage due to the actions of the Applicant in requesting that the City vacate Harriet Street and then not connecting the property together with his lot to the west. At the time of the adoption of the regulations the Applicant, owner of the nonconforming undeveloped lot, also owned the adjacent development property that, if combined, would have met the minimum requirements of the Ordinance. These lots should have remained combined. 10. The subject site is zoned RB, two-family residential. In the RB zoning single- family homes, duplexes and parks & playgrounds are permitted uses. The current use as private open space area could continue as reasonable use of the property. In addition, the Washington County Assessor has set the market value of the property at $14,000. According to Mary Jane Peterson of the Washington County Assessor's Office, the current value is inline for an unbuildable open space lot. If the lot were considered buildable an appropriate assessed value would be in the range of $80,000 to $90,000. This is to say that the Assessor believes open space to be a reasonable use of the property. - 4- 11. The purpose of the steep slope regulations, as described in Chapter 31-5.1, is to . protect the health, safety and community welfare and to otherwise preserve the natural environmental resources of the City in areas having significant and critical environmental characteristics. It is the burden of the Applicant to provide sufficient data that shows that if the vanance were to be issued that it will not adversely affect or be detrimental to adjacent properties. 12. One intention of these regulations is to protect the public from water runoff and soil erosion. On behalf of the Applicant, Mr. Erickson, prepared a storm water report on the impacts of constructing a home on the site. The report models the impact the proposed home would have on the sub-basin of the adjacent ravine. The storm water report fails to address what impact filling within the ravine will have on existing homes in the area. Mr. Erickson noted that the proposed home will be built 3 feet above the "emergency overflow to the area" but fails to . address the impacts filling a portion of the ravine will have on the existing homes along the ravine. This is particularly important since, during major storm events, storm water currently ponds at the bottom of the ravine before entering the City's sanitary sewer system or infiltrating into the ground. The Applicant has not shown that with current system conditions the proposed fill will not adversely affect adjacent properties. 13. A utility sanitary sewer and storm sewer easement exists on the subject property which Mr. Shely granted previously to the City. 14. The proposed parcel fails to meet the minimum (35 feet of frontage on an improved public street) frontage requirements for all lots in the RB zoning district as required by Chapter 31-1.12(5)7 of the Stillwater Zoning Code. . - 5 - . 15. Evidence was presented that the Applicant created any hardship with regard to the subject parcel as required by the City Code. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the variance is for the use of property that is not permitted by the terms of Chapter 3l-5.2(3)a.4 ofthe City Code. 3. The purpose of the steep slope regulations, as described in Chapter 31-5.1, is to protect the health, safety and community welfare and to otherwise preserve the natural environmental resources of the City in areas having significant and critical environmental characteristics. A variance as requested in the Application, is not in harmony with the . neighborhood. 4. That based upon the findings, the proposed variance to the Zoning Ordinance will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance and violate the spirit of the guide of the Comprehensive Plan. ORDER IT IS HEREBY ORDERED 1. The variance is hereby denied. Adopted by unanimous vote of the City Council this _ day of July, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor . -6- ATTEST: Diane F. Ward, Clerk . . . - 7 - . EXHIBITS . . A. Letter from Mark J. Vierling of Eckberg, Lammers, Attorneys at Law dated May 10, 2006; B. Letter from Mr. Todd A Erickson, P.E. ofFolz, Freeman, Erickson, Inc. dated April 10, 2006; C. Letter from Mr. Scott Shely to the City Council of the City of Stillwater, dated March 17, 1994; D. Planning Application Review report to the Planning Commission dated April 11, 1994; E. Resolution No. 94-112 of the City Council of the City of Stillwater; F. Certificate of Survey prepared by Barrett M. Stack dated March 16, 2005; G. Storm Water report from Mr. Todd A. Erickson, P.E. ofFols, Freeman, Erickson, Inc., dated May 10, 2006. H. Site Plan from Mr. Todd A. Erickson, P.E. ofFols, Freeman, Erickson, Inc. dated April 10,2006; I. Memorandum from Shawn Sanders, City of Stillwater Interim Public Works Director dated June 7, 2006; J. Application for a variance from Scott Shely dated May 10, 2006; K. Location Map; L. Letter from Mr. Mark J. Vierling of Eckberg, Lammers, Attorneys at Law, dated June 19, 2006; M. Unsigned letter from Folz, Freeman, Erickson, Inc. dated April 10, 2006 and included in the June 19,2006 letter from Mr. Mark J. Vierling. - 8 - . . . <.Stillwater,> .......~.=- ~~ 'HE 6IR'HPl.Acr 9f MIN'JESOfA ') TO: Mayor & City Council Bill Turnblad, Community Development Director b ([, FROM: DATE: July 12, 2006 APPLICANT: Mainstream Development Partnership, LLC RE: Proposed project known as 227 North Main. BACKGROUND Mainstream Development Partnership, LLC is planning to develop a project referred to as 227 North Main Street. This would represent the final phase of development on the former Maple Island Dairy site. · On May 8, 2006 the Planning Commission considered the variances and special use permits necessary to develop the project as originally proposed. The Planning Commission had concerns about the requested parking and height variances for the four story building. Consequently the commission denied the requests. · The developer filed an appeal of the Planning Commission action. In addition, the proposed building was substantially down-sized. The first version of the building had approximately 62,000 square feet of space distributed amongst four stories (five levels with the basement garage). The size of the revised building was reduced to about 46,000 square feet distributed amongst only three stories (four levels with the basement garage). · The City Council discussed the revised plans on June 20, 2006 and was generally satisfied with the building and its proposed uses, but was uncomfortable with the height variance that was necessary. The Council also acknowledged that parking needed additional consideration. Consequently the proposed second version was denied without prejudice so the revised plans could be reviewed by the Planning Commission. · The developer submitted a third version of the building. On July 5, 2006 the Heritage Preservation Commission (HPC) reviewed the third version. On July 10, 2006 the Planning Commission considered the third version. This (the current) version was reduced to 39,000 square feet distributed over two stories (three levels with the basement garage). In this current version, another story has been removed, which means now there are no residential units. This has eliminated the need for the 10% infill height limit variance. a. The HPC gave conceptual approval of the third version of the building. The HPC also approved the demolition permit for the hardware store. 227 North Main Street July 12,2006 Page 2 b. The Planning Commission approved the third version of the project. Their . action was twofold: 1) approve the SUP for the private parking facility; and 2) approve the variance from minimum parking standards. PROJECT APPROVALS REQUIRED In order to develop the property as proposed, Mainstream Development needs the following City approvals: 1. Special Use Permit for a "private parking facility for more than five cars" in the Central Business District · STATUS: Approved by the Planning Commission on 7/10/06. 2. 86 stall variance from minimum number of required parking spaces. · STATUS: Approved by Planning Commission on 7/10/06. 3. Demolition permit for removal of the hardware store · STATUS: Approved by the Heritage Preservation Commission 7/5/06 4. Design Review Permit · STATUS: Approved by the Heritage Preservation Commission 7/5/06 5. Vacation of City's parking easement over parking lot north of hardware store · STATUS: Pending action by the City Council SPECIFIC REQUEST OF CITY COUNCIL . Mainstream Development is asking the following of the City Council: 1. Vacation of City's parking easement over parking lot north of the hardware store. DISCUSSION The proposed building, site improvements and uses are consistent with the City's Comprehensive Plan and Downtown Plan. Moreover, the revised building plans are compatible with the Maple Island block, the character of the downtown area, and the recently adopted height regulations. The revised building only has two stories. The main issue associated with the project proposal is parking. It is commonly believed that there is a shortage of parking in downtown Stillwater. However, the shortage of space is experienced most acutely during non-business hours and on weekends. And, the shortage of space during these peak periods is not as severe on the north end of the downtown as it is on the south end. Both of these factors work together in favor of the proposed project. The building would be located on the north end of town, and the peak parking demand for the office space and proposed retail tenants would not be during the times when parking demand in the downtown area is the greatest. . 227 North Main Street July 12,2006 Page 3 . In addition, there is a considerable amount of parking available on Water Street and in the lots surrounding the Maple Island building. There are 284 spots in Lots 5-8 (see the attached inventory). There are another 33 on-street spaces on Water Street north of Myrtle. Since there seems to be ample business hour parking in the immediate vicinity of the proposed building, and the greatest demand for parking from the building would be during business hours, staff believes that existing parking is sufficient to meet the projected demand of the building's users. ALTERNATIVE COURSES OF ACTION The City Council has at least the following possible courses of action. 1. Find the revised plans to have merit and approve the parking lot easement vacation with at least the conditions found in the attached resolution. 2. Make a finding that available parking in the downtown area is not sufficient to meet the demand and therefore deny the parking lot easement vacation. 3. Table the request for more information. RECOMMENDATION . Since there seems to be ample business hour parking in the immediate vicinity of the proposed building, and the greatest demand for parking from the building would be during business hours, staff believes that existing parking is sufficient to meet the projected demand of the building's users and recommends vacating the parking lot easement with the conditions found in the attached resolution. attachments: Resolution of Approval Parking Lot Easement Planning Report .. . RESOLUTION NO. 2006- . A RESOLUTION APPROVING A VACATION OF THE EASEMENT ENCUMBERING THE PARKING LOT LOCATED AT 225 NORTH MAIN STREET CASE NO. 06-38 WHEREAS, Mainstream Development Partnership, a Minnesota Partnership, made application for vacation of an easement encumbering the parking lot located at 225 North Main Street, said easement legally described as: The North 85 feet of Block 18 of the Original Town, (now City) of Stillwater according to the corrected plat thereof lying West of Water Street, East of Main Street and South of Mulberry Street; and WHEREAS, said easement granted the City of Stillwater the right to use the parking lot for public parking; and . WHEREAS, Mainstream Development Partnership,. a Minnesota Partnership, applied concurrently for approval of a building project referred to as 227 North Main, construction of which would require vacation of said easement; and WHEREAS, the City Council considered the application to vacate said easement on July 18, 2006; and WHEREAS, the City Council found that the proposed project referred to as 227 North Main had sufficient merit to justify vacation of said parking lot easement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested easement vacation with the condition that the easement vacation shall not become effective, nor shall this resolution be released for recording with Washington County until: . . . . , Resolution No. 2006- Page 2 of2 1. Mainstream Development Partnership submits a complete final Design Review application and receives approval of it from the Heritage Preservation Commission for the 227 North Main project; and 2. A complete building permit application is submitted to the City and found satisfactory by the City's Building Official and Community Development Director. Enacted by the City Council of the City of Stillwater, Minnesota this 18th day of July, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk SC}32 PARKING EASEMENT . >r- THIS INDENTURE made this -3/ day of December, 1996, by and between MAINSTREAM DEVELOPMENT PARTNERSHIP, a Minnesota Partnership, ("Grantor"), and the CITY OF STILLWATER, a Municipal Corporation of the State of MiHllesota, ("City"). RECITALS A. Grantor is the owner of land, (the "Property") located in the City of Stillwater, County of Washington, State of Minnesota, legally described as set forth on Exhibit "A" attached hereto. B. The City desires to obtain an easement for public parking over a portion surface parking lot on the part of the Property described in Exhibits "A" and "B" attached hereto, (the "Parking Area"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, Grantor grants to the City: 1. Non-Exclusive Possession of Parking Area. City shall have non-exclusive use of the parking . spaces located in the improved, surface parking lot in the "Parking Area" between the hours of 6:00 p.m. and 5:00 a.m., Monday through Friday, between the hours of 6:00 p.m. Saturday until 8:00 a.m. Sunday, after 3:30 p.m. on Sunday until 5:00 a.m. Monday and any National Holiday. At all other times, exclusive use of the Parking Area is reserved in the Grantor. 2. Use. City is pennitted to use the Parking Area, for public parking and for law enforcement purposes for the benefit of the Grantor and the Public subject to the following conditions: A. Signage. The City must, at its sole expense and subject to the approval of the Grantor, design and install signage that clearly id..entifies the Public Use Periods provided for by.this Easement. B. Insurance. City must maintain comprehensive liability insurance, naming Grantor as an Additional Insured in an amount equal to at least $600,000.00 per occurrence (combined single limits) for the use of the Parking Area by the City and the Public. 1 . . . against all claims, actions, costs (including without limita~ion reasonable attorney's fees and costs and witnesses' fees and costs) or damages of every kind and description (includin~ without limitation claims for property damage or personal injury), fees, judgments, expenses, liabilities, liens, and suits, known or unknown, liquidated or unliquidated, which accrue to or . are suffered by any person or property resulting from acts or omissions of the Public and the City, its employees, agents, and licensees in connection with the use of the Parking Area. D. Term. This Easement and the rights and covenants contained herein is perpetual and shall run with and bind the land. 3. Notices. Any notices relating to the Easement must be in writing and will be deemed delivered when personally served or when sent by first class certified mail, return receipt requested, served or addressed as follows: If to the City: Steve Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 If to the Grantor: Mainstream Development Partnership 212 North Main Street Stillwater, MN 55082 or to such other address as either party may designate. 4. Governing Law. This Easement will be governed by Minnesota Law. 2 . ATTEST: ~~lAlik, Mor i eldon, Its Clerk ' STATE OF MINNESOTA ) ) SSe / COUNTY OF WASHINGTON) Subscribed and sworn to before me this 15thday of January, 1997, by Leverne D. Stefan, the Partner ,andby Amy Stefan , the Partner of Mainstream Development Partnership. Notary Public . STATE OF MINNESOTA ) ) SSe COUNTY OF WASHINGTON) Subscribed and sworn to before me this Jf?3IZD day of January, 1997, by Jay L. Kimble, Mayor, and Morli Weldon, Clerk, of the City of Stillwater. ~d.LU~ Notary Public Instrument drafted by: .III.....~~...~.,>>~~~. J. DIANE F. WARD I . NOTARY PUBlIC - MINNESOTA WASHINGTON COUNTY My Comm. bpna JIn. 31. 2000 .~--1tCti.t"A~1..'jf'J.A~~~.vr~v. David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 3 e . . . LEGAL DESCRIPTION The North 85 feet of that of Block 18 of the Original Town, (now City) of Stillwater according to the corrected plat thereof lying West of Water Street, East of Main Street and South of Mulberry Street. EXHIBIT "A" -':i .....,.,... ,''".... ..;.;...... \.. KJ. I .." 0 : I. . ~ i . , I ..-- MUL.B . , ~ T. ...= (j) Z <~ ~ ~ . .- ... . ... / B ~ ~! I . 1 :! . Exhibit "B" . . e 'J '16'6 MAGNUSON LAW OFFICE 6124395641 P.02 MAGNUSON LA"V FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OfflCE BlIll.DtNO 333 NORTH MAIN STREET' sum #~01 · P.O. Box 438 · STIl,LWATER. MN 55082 TElEPHONE;: (612) 439.9<164 · TaECO\'IER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN ME1\tIORANDlJl\t1 TO: Nile Kriesel. City Coordinator, and Steve Russell, City Development Director FROM: David T. Magnuson. Stillwater City Attorney ~"^ January 6, 1997 DATE: RE: Negotiations wirh the Main Stream Development Partnership with regard to the Maple Island Site When the City Council approved the transfer of a 20 foot strip of land adjacent to the Maple Island Sire to the Main Stream Development Partnership. Main Stream Partnership agreed in return to grant a parking easement to the City over the parking lot on the North end of the site, South of Mulberry between Main and Water. I began the negotiations with Karl Ranum by proposing an easement that was identic.al to the parking lot agreement that had been in place between the City and Maple Island when the City resurfaced the parking lot several years ago. This language has not been acceptable to Main Stream a.nd Ranum has told me that Vem Steffan is asking for different conditions. The terms of the pdor lease and the easement language that I suggested for City use of the lot is as follows: H 1. Exclusive possession of parking area. City shall have exclusive: use of the North row oj parking spaces at all times and exclusive use of the remainder of th.e spaces ("the remainder area") between the hours of 6:00 p.m. and 5;00 a.m. Monday through Friday and at all times on Saturday and Sunday and any National Holiday. If The language that Ranum asks for is as follows: "1. Non-exclusive use of parking area. City shall have non-exclusive use of the parking spaces; located in the improved surface parking lot and the parking area between the hours of 6:00 p.m. and 5:00 a.m. Monday through Friday bC!tween the hours of 6:00 p.m. Saturday until 8:00 a.m. Sunday, after 3;30 p.m. on Sunday until 5:00 a.m. on Monday and any National Holiday." MAGNUSON LAW OFFICE 6124395641 -. ] anuary 6. 1997 Page 2 I leave it to you whether we should let the City Council decide this. I have prepared a deed for conveyance of the City's 20 foot strip, but I have not asked the Mayor and Clerk to sign it and so the City has not made the conveyance. I'm not sure what sort of hurry Main Stream might be in with regard to the project. Keep me informed. DTM/ds Attachment \ p.e3 . . -- . TO: FROM: DATE: MEMORANDUM Bill Tumblad, Community Development Director Shawn Sanders, Interim Public Works Director June 6, 2006 ~~ SUBJECT: 227 North Main Street proposed development Comments on the plans submitted include: 1. 2. 3. 4. 5. 6. 7. . 8. . No civil drawings were included with the submittal. These should include, proposed sanitary sewer and watermain connections, existing utilities. The existing easement should be vacated. Existing street lights should be protected and replaced if damaged. Relocation of utilities, such as gas, telephone, electric will be the responsibility of the developer Runoff from the garage floor shall be treated before it enters into the storm sewer system. How will the runoff drain to the storm sewer system? Roof drains shall be connected to the storm sewer system. No sidewalk is shown on Water Street, this should be replaced. No trees should be installed in the right-of-way . DATE: July 6, 2006 CASE NO.: SUP,V /06-38 APPLICANT: Mainstream Development Partnership, LLC REQUEST: 1) Special Use Permit for CBD Parking Facility 2) Variance from Parking Standards LOCATION: 225 North Main Street PUBLIC HEARING DATE: July 10, 2006 REVIEWERS: City Administrator, Police Chief, Interim Public Works Director, City Council, Heritage Preservation Commission PREPARED BY: Bill Turnblad, Community Development Director'b:r. BACKGROUND ~ Mainstream Development Partnership, LLC is planning to develop a project referred to as 227 North Main Street. This would represent the final development phase for the former Maple Island Dairy site. This phase relates to the hardware store at 225 N. Main and the surface parking lot just north of it. The proposed project is to demolish the hardware store and build about a 39,000 square foot mixed use building as follows: · 13,000 gross square feet of below grade parking for 21 vehicles · 13,000 gross square feet of commercial space on the ground floor · 13,000 gross square feet of office space on the second floor ABBREVIATED REVIEW CHRONOLOGY 1. On May 1 and June 5, 2006 the Heritage Preservation Commission reviewed and appro.ved the design review permit for the first version of the project. 2. On May 8, 2006 the Planning Commission considered the variances and special use permits necessary to develop the project as originally proposed. The Planning Commission had concerns about the requested parking and height variances. Consequently the commission denied the requests. 3. Mainstream Development Partnership filed an appeal of the Planning Commission action. In addition, the developer substantially down-sized the proposed building. The first version of the building had approximately 62,000 square feet of space distributed amongst . four stories (five levels with the basement garage). The size of the revised building as presented to the City Council on June 20, 2006 was reduced to about 46,000 square feet distributed amongst only three stories (four levels with the basement garage). The City . . . 227 North Main Street July 6, 2006 Page 2 of5 Council discussed the revised plans and was generally satisfied with the building and its proposed uses, but was uncomfortable with the height variance that was necessary. The Council also acknowledged that parking needed additional consideration. Consequently the proposed second version was denied without prejudice so the revised plans could be reviewed by the Planning Commission. 4. As a result of Council comments, the developer submitted a third version of the building. On July 5, 2006 the Heritage Preservation Commission (HPC) reviewed the third version. The size of the third version was reduced to 39,000 square feet distributed over two stories (three levels with the basement garage). In this current version, another story has been removed, which means now there are no residential units. This has eliminated the need for the 10% infill height limit variance necessary for the second version. The HPC gave conceptual approval of the third version of the building. Also at the July 5,2006 meeting the HPC approved the demolition permit for the hardware store. 5. The third version of the proposed project is scheduled for a July 10, 2006 hearing before the Planning Commission. SPECIFIC REQUEST In order to develop the property as now proposed, Mainstream Development still needs the following City approvals: 1. Special Use Permit for a "private parking facility for more than five cars" in the Central Business District, as allowed in City Code Section 31.1, Subd. 17(3)c. 2. Variance from the minimum number of parking spaces required by City Code Section 31.1, Subd. 25(3). The total number of required parking spaces is 107. The total number of provided spaces in the underground garage is 21. Therefore a variance of 86 parking spaces would be required. 3. Vacation of City's parking easement over parking lot north of hardware store. It is the responsibility of the Planning Commission to consider the private parking facility SUP and the parking variance. The City Council will need to take action on the easement vacation request. EVALUATION OF REQUEST Land Use Classifications Base Zoning: Overlay Zoning: CBD, Central Business District 1) Historic Height Overlay District (3 Story /35') 2) Floodplain 3) Lower St. Croix River Shoreland/Bluffland CC, Community Commercial Special Site #6 Downtown Historic District; Middle St. Croix Water Management Organization Comprehensive Plan: Downtown Plan: Other: 227 North Main Street July 6, 2006 Page 3 of5 . Review of Standards I. Special Use Permit The proposed building includes retail space, office space and underground parking. The retail and office uses are outright permitted uses in the CBD zoning district. However, the private parking facility in the CBD is allowed only by Special Use Permit. Based upon the Downtown Plan, staff believes that the basic purposes for requiring a special use permit for private downtown parking facilities are twofold: 1) to create aesthetically pleasant and safe surface lots; and 2) to prevent parking structures from being constructed as unsightly bare concrete ramps. The proposed parking facility will be completely underground, so neither the surface parking or parking ramp scenarios apply. II. Variances As the 227 North Main project has evolved, the number of required variances has been reduced to just one. A variance is now only needed from the minimum parking space . standards. The table below specifies the number of required spaces for the proposed mix of uses. Minimum re uirement ass sf 65 s aces 42 s aces 107 The total number of parking spaces provided in the underground garage is 21. Since 107 spaces are required, a variance of 86 parking spaces would be needed. It is commonly believed that there is a shortage of parking in downtown Stillwater. However, the shortage of space is experienced most acutely during non-business hours and on weekends. And, the shortage of space during these peak periods is not as severe on the north end of the downtown as it is on the south end. These factors both work together in favor of the proposed project. The building would be located on the north end of town, and the peak parking demand for the office space and proposed retail tenants would not be during the times when parking demand in the downtown area is generally the greatest. In addition, there is a considerable amount of parking available on Water Street and in . the lots surrounding the Maple Island building. There are 284 spots in Lots 5-8 (minus 227 North Main Street July 6, 2006 Page 4 of 5 . the 50 spaces reserved for River Market customers (see the attached inventory). There are another 33 on-street spaces on Water Street north of Myrtle. Since there seems to be ample business hour parking in the immediate vicinity of the proposed building, and the greatest demand for parking from the building would be during business hours, staff finds the requested variance to be acceptable. ALTERNATIVES The Planning Commission has the following options: A. Approve the parking facility special use permit and parking variance with the following conditions: . 1. Prior to approval of a final design review permit by the HPC, colored rendering perspectives of the exterior elevations from the Pioneer Park bluffline and from Mulberry Point on the St. Croix River must be submitted and approved by the HPC. 2. Prior to approval of a final design review permit by the HPC, detailed full scale building floor plans and elevations showing all exterior materials and color choices shall be submitted to, reviewed by and approved by the HPC. 3. Prior to approval of a final design review permit by the HPC, details of all roof penetrations must be submitted to, reviewed by and approved by the HPC. This is required in order to visualize all roof venting, roof stacks, etc. 4. No rooftop venting or other penetrations are allowed except those specifically approved by the HPC and the City Council. 5. All utilities and mechanical equipment shall either be internally located or completely screened from general public views. This includes the mechanical equipment on the ground at the southeast corner of the building. This does not include utility venting, which is the subject of other conditions of approval, nor does it include transformers that must provide access for Xcel Energy employees. 6. No mechanical equipment shall be allowed on the rooftop unless effectively screened. 7. Prior to approval of a final design review permit by the HPC, a signage plan must be submitted to, reviewed by and approved by the HPC. In addition, a sign permit application must be submitted to and approved by City staff prior to installation of any signs on the project site. 8. Prior to approval of a final design review permit by the HPC, an exterior lighting plan must be submitted to, reviewed by and approved by the HPC. 9. Prior to approval of a final design review permit by the HPC, a drainage plan must be submitted to, reviewed by and approved by the City Engineer. 10. All gutters, downspouts, flashings, etc. shall be of a color that matches the adjacent surface. 11. The street address of the building shall be displayed in a location conspicuous from Main Street. 12. All required landscaping shall be installed prior to final project inspection. . 227 North Main Street July 6, 2006 Page 5 of5 . 13. No trash enclosures are planned to be located outside. Therefore, no trash enclosures or trash bins will be allowed without prior approval of the HPC. 14. All construction activity shall conform to the City's noise ordinance. Construction during dry periods shall mitigate dust problems. 15. All minor modifications to the final design review permit shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the HPC. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. B. Deny the special use permit and variance. C. Table the design review request for more details. RECOMMENDATION Staff believes that the parking available in close proximity to the proposed building will be sufficient to satisfy the generally off-peak parking demand of the building's users. Therefore, staff recommends approval of the special use permit and the parking space varIance. . attachments: Location Map Color rendering of building seen from Main Street Applicant's letter Application drawings Parking inventory . ,. City r!'f · !water Mainstream Development Location Map Community Develooment DcnHr1lnent ~ 1 \ \o-g{-----i---J))' ~.. I 11'----' .[ L] , tS~ T "''\ ~ \ 0 ~o 0 \.... 0 0 I ~j' ~ .~ - \ -', 0 r'. ;., r\" \, 'J ' : ~O" '0., ->-0 ,- h "j o~\.. .J ,c - '---..-J ~ \.---- Ii> (. I~~' c:. . " ~(}~;7 ~ ; tJ~ iC",'l;;!);) ~~> ~ \;, .o:~' . " k ;<. .';'\ \j.t\~.,~.: ~~. 'j. ) ~- , [/..!J 'iE ~\ ,.;/ < ..:..... . ~..,. ~ ~'. ..' ..' t::J' '0 i I~'( . Q / ( 0 ........' '.., l' ,. ell [' 0'. ,.... ~..... I> . ,.J ( 0 \J _________ r ~ k" 0 ..,.... .....,....,,',..., ....,.... ~~. \~2:.-~ \\ ,:J '~V--" ~ r _ Q " Cd. .;iX',i.<>'" ..,....,.j ,~. 0 ,'i: ......... ':y i.:: ::. ~-' ~~; ,~u ~ 0 " \,""\i!;"/. ..,........:"........,. ....... ';::::----- ~~ ~ c, . ~'. 0<':. tJ ......,....... ....., '. ........ h e1".l" :~-.J~ ~ ~\ ~.---:.~ 'x'..);':.i..' . .... ..0' .,.>2 C,. ~.~~. ~U~ ~,~ ~ite~~'O 0 i,[:.'(';'b'F'i;< i:' ,- . - . \'U>",. ,~I[..- :Xi'i:"\i.' iX" a . V7 \ ~ ,< (l ..' 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" ~ - 26 June 2006 PItning Commiaim Menbn, JAanstruam ~ Pattnertlhlp, lLC (MOP) Is intendll1 to tilYelq:J 2'0 North Main Street (the harONare ltore and portdng lot il1VTl6Ctately North). MOP la Pfq:JO$ir~ its third and flMl phase of the ~~1tJnt of the M~ Island Dairy bulkbJ. This ~ 18 a mlxtd use deY8I~ that continues to axpand Olllhe City of SUltwater ~ Plan, Metrqx)/ltan Coln::lI ~ Communltiet Act end MOP coomitmeot tn pttMd~ 8 place for tommlJIiity oriented 56fVioes ttI8t I~ 1M fabric of c.bwn town SI:Ilfwatel. Ttis dEMJIopment will COf'l1'Iete an eight year. r:rooess lhat transfOllTl9d two bIook8 01 ~ bIq1t mo 0Y'8I' 70,000 gsf d coomunlty ot1Eint$d mixed use space. PrvjKi GoIU: The ~ was th& Impetus for i~ to the n...er- front City patting lots, CNer 110 spaces, Mubeoy Point, Wu Street I~ and deYeIopmoot on NOfth Main Stroot. The ~&tion of ltle M~e Islard project provldt'Jtl an inor&a8e r:<<cel valuation from S6OO,OOO in 1997 to O(f;l' $10M. It win a80 prcMde cmr 120 ~ full lime jOO6~. We feel this p-qoo1 e:cerrpIlfIes a process lhat i~ Met CouncIl incentives, City of Stillwater goals aod private dlWelopmerrt arilitiona that conIrDut.e to the future of Stl~. .0r0Iect Stopt: (REVISED) MOP Is prq;lOIing ~ the ~ IsIarxl Hardwtn bulldng and surfaoo parting lot. Replacing It wiD be 13,000 gsf 01 (J'ClIXId 1Ioor oommunity commerclallretall space that Is accessible to stroot level 81 Msn Street with seMoo and pedestrian 8OC888 from Water stroot. The secx1ld floorprovi(jes 13,000 gsf of class A office apace (oommitte:llenant) with aoce3S from MaIn Street The third floor has boon eliminated. The dtwaI~t is seMd bf plivate underground ~rking for 21 with erdo8ed trash seMce. ProJ<<t DMIgtt: (RflIISEO) The ~ design has been reckJgned 10 reftect new ~hllimitBliona. The maja1ty of the buildno top of ~ Is 29'. 4" from MWn street. Two ttair towels, to ~ the roof, have a pampet height d 36'''''". The building pampel is l' tsll<< than the nelWix>rto the south (29'-41. As a resUt of cbjootions by the City Coundl, the preyioosly designed third floor and aIoped root has boon eliminated. The bulking fTla$$ing and material U$O ciaws Inspiration from rnMgttJOOll\l boildngs txlth histooc and ~. Bulking massing is broken into tw;) mastle6 on Main Street, separated by a recessed entry. The north and 80Uth 1T1asse:s incluOO cqJpEl/" elM a cy1iMical loMt, and lower tqJ8r8d tower element that rectJoo scale and pr'O\Iide pedestrian stleItsr, Main Street pedestrian IEMll uses stOl'Wont gliZlng wllh transom panels, steel poets and lintels end detailOO I:&a ptWl4s. Mulbeny elevation ~ covered bulldog 90008s1egrnss highilghted Mth copper, miqx,int, dvIdng !he building mass In half. This elMtion taKes l4) a 6' grade dffamnoo !hat starts at the comeI' entranoe at Main to 89Mce ~ at Water. Water Slreet eI6v8tIon continues the pattern of saMce aooeas that occurs on both south and north Water Street Access to the urdYgromd p8IIdng end lrMh occur at grade level. Tenant axess OOOt..lI't\ ttirnugh B miMd ~ and $l;ajre. Extensi"t"e plsl1ing, lOIN !:rick retairing walls and overhead oal"Itllios/awnil'YJs are used 10 rsdJce thtt scale of t1le Waler St. elevetion. Root design Inctud&s grot.plng ventJlatlon pf.les end ~'lSd HVAC unilG. The flat roof will haNe decking, gray tr~ rook ballast 81'l('j grey ~ pevl3C'6. Details inoctpcxBted In tt'Ie da6ign win be fish and water oriented. Soroo ct these details Indude oopper 'fish scale' sfingles, fish ~ ~ base panoIs. fish and waves cast in the concrete base and wavy Wf'OlJQht iron fenoltlg and balustradM. I "QiTl~'1 tAl l i 'q & 1 u....u.u Ill9l In,l. CH',O~ QP , .l. EH~'l11"}.,,uTHIIH rn..a ."I'~:_SCTAI . mo, :'u W. ..I.lL.:.W.. lLU...! III i .... 1 ~ S1 :w.J :~;~~~:;~~~~ ~;:2 Thia filW phNe ~ ~ of fou' i... to mIIka It a 1IUC08II; . 1. 1:* 1I1~ In lhe FEW- 1\ood pWn. MOP hM ~ the MY.1 eIwatlM ba8ed on fill mt(.I revi8ioo ~, ~ the fEMAeIewtIoo~. 2. MDP.LLC is ~ lh9 ctty ~ ltle pendng 11M' !l8nt on the~. 3. Prellmtwy ~ ~ tdaIe 1<< the pmjeGt In ,lot ~..., the projtd ~ 21. ... DilmotIIon d tN ~ ~ staN ItnJl$.ft (eee dtlJnlOlllon ~). ~ DIetfct MOP. LLC ~ 1ha ~ CI'eBtIt .Iqe d8m8nd ror pMdng per ~~, 88 00 ltwJ ~ metcrilY of ~ .. PfWde oomrnenIief Ip808 in .. CBO. MOP, U.C it qgedro ht City Cf'JIte II Peftjng ~ hit Ibvs ~ ID be ~ In tie COB by ~ to IS C1~ ~ pIWtdng b1d. Thla ccn:l8Pt WN tdlC8IIfuIty ~ ..... ywa ago on !he eouth It'd d M4*1 S'" ThIi dstrict, Itt ~ to be dIthd I:tf the CIty, 'A'ClMd ooIeet.. *' (per~) from the ...... tnd propIJty 0M'lIIn for lIB ~~. Tt'ia fit WCl6j be ~ t) the prcperty <JIMMIII of tho anti", dlItricl AIt..... 8uMItg &InnMtr: P' COO City of BtitMIW~ ordIlItlOi) ~ 0I*t ~ 8uI1nEIII 0II1rict Malcinu11 Height 3 ~<<~ Mnnun lOt 10,000 It Sd:I8Ck.: Front 15' Reer 20' Side 20 total Ut~: 8)% of lot ene ~_: Mof~1nl'I ~ inllU Iota, .. front. &fat end n<< aatbook (JWf be 9imittc 10 !he I8bck for ~ btildnge. Pamg~: BuIinMa ProfM8Ionat. ~,~: RRII: 1~st 1.5 pG' lIVt. 1 par 3 ~ for ~ 11200 sf e !IT NoIf/.. &nMtDMlcpnlrJt ~ - The pqoct II a 33.500 +/. " Irixed UIl& txikIng. . &i>iJD ~ for 21+ . Gnuld ftoor * and omoa 13.000 II Ol'l a&a4n stnlel - Sftcofd ftoor ~ tlIIwt oCI'Ice (t3.ooo et). ~ b ~p&ent fer epdIo lnfcm&tion Md det1iI. Tm 8WM STEFAN AUOaAreS lor lOP. tiC ~eM~~ 406.588.1142 ~.com I~; ~~lt,,*, ~1JIrlflriR.~ oc. V. Sli*l e . . e cStillwate~ ."~.=-- -~ 'H! BIRTH.,AC! Of MINNf...SOIA 'J TO: File DATE: June 20, 2006 RE: Preliminary CBD Parking Inventory PREPARED BY: Bill Turnblad, Community Development Director A preliminary inventory of parking in the downtown Stillwater area has been completed. The parking spots were primarily counted from aerial photography, though some field verification also was conducted. A. Public parking lots* Lot Lot Name Spaces** He Notes 1 South Main Street Lot 102 4 Pay lot - $5, all day 2 River Lot 106 4 Pay lot - $3, all day 3 Chestnut Street Lot 36 2 Free lot - 3 hr limit 4 Bridge Lot 47 2 Free lot - 4 hr limit 5 Mulberry Point Lot 40 2 Free lot - 4 hr limit 6 Maple Island Lot 69 2 Free lot - 3 hr limit 7 Water Street Lot 117 2 Free lot - 4 hr limit; 50 spaces reserved for River Market customers 8 Railroad Lot 50 2 Free lot - all day 9 North Main Street Lot 84 1 Free lot - all day 10 Mulberry/Second Street Lot 15 0 Free lot - all day 11 Lowell Inn Lot 32 1 Free lot (only during non- business hours) 12 Olive/Second Street Lot 45 2 Free lot - 4 hr limit 13 UBC lot 99 4 Free lot - 4 hr limit 14 Riverview Lot (Cub) 158 6 Free lot (only during non- business hours) 15 Mulberry Street Lot 28 0 Free lot (only during non- business hours) TOTALS 1,028 34 * Unverified info from www.stillwaterparking.com ** Not including Handicapped (HC) spaces CBD Parking Inventory June 20, 2006 Page 2 of 5 B. Marked on-street parking spaces (unmarked on-street parking spaces not included, i.e Water St. north of Myrtle, Third Street except between Chestnut and Myrtle, Olive between 3rd and 2nd, and Chestnut between 3rd and 2nd). Lot Lot Name Soaces** He Notes 1 Water St., nose-in parking, between 38 Chestnut & Nelson 2 Nelson St. east of Main 8 3 Main St. between Nelson & Chestnut 25 4 Nelson St. between Main and the river 11 5 Main St. between Chestnut & Myrtle 8 6 Myrtle St. between Main & Water 2 7 Water St. between Myrtle & Chestnut 17 8 Main St. between Commercial & Myrtle 3 9 Main St. between Commercial & Mulberry 25 10 N. Main St. between Mulberry & Terra 79 Springs 11 Chestnut St. between Main & 2nd 15 12 Union Street between Chestnut & Myrtle 18 13 2nd St. between Chestnut & Myrtle 12 14 2nd St. between Myrtle & Commercial 8 15 Commercial St. between 2nd & Main 11 16 South Main St. between Nelson & 26 Andiamo, west side 17 South Main St. south of Nelson, east side 47 2 tour bus spots 18 2nd St. between Commercial & Mulberry 33 19 Nelson St. between Main & 2nd 8 20 Myrtle St. between Main & 3rd 9 1 21 3rd St. between Chestnut & Myrtle 12 22 2nd St. between Chestnut & Olive 12 23 2nd St. between Olive & Nelson 16 24 Olive St. between 2nd & Main 17 25 Nelson Alley between 2nd & Main 7 TOTALS 467 1 . . e . . e GBD Parking Inventory June 20, 2006 Page 3 of5 C. Unmarked on-street parking. This table represents an estimate of the number of possible parking spots based upon lineal footage of available space divided by 22 feet. Location Spaces He Notes Water St. north of Myrtle, east side 23 Water St. north of Myrtle, west side 10 3rd Street except between Chestnut and 37 Myrtle, west side 3rd Street except between Chestnut and 45 Myrtle, east side Olive St between 3rCl and 2nd north side 12 Olive St between 3rd and 2nd south side 6 Chestnut St between 3rd and 2nd north 8 side Chestnut St between 3rd and 2nd south 7 side TOTAL 148 CBD Parking Inventory June 20, 2006 Page 4 of5 D. Private (non-residential) parking lots. This category includes lots that are private and either dedicated to employees, clients, or members. Some of these may be posted to exclude general public parking. This category also includes both lots that are private but allow their retail customers to park, and lots at government buildings. Lot Private lot Spaces* He notes 1 St. Croix Preparatory Academy parking lot 111 9 Temp class room building uses 18 spaces 2 Post office rear lot 35 3 Lowell Inn 31 4 Associated Eye Care Block 66 5 Maple Island hardware store lot 23 Public allowed to use after business hours 6 Mills on Main retail parking (underground) 55 7 Desch Building south lot 27 Plus underground parking 8 Desch Building north lot 78 9 Minnesota Zephyr south lot 48 2 10 Minnesota Zephyr north lot 42 1 11 Stillwater Yacht Club 108 12 Old Post Office 8 13 Trinity Lutheran Church, east lot 25 2 14 Water Board lot 6 15 City Hall parking lot (excluding squad car 69 1 spots) 16 Post office front lot 8 1 17 Victorian Building, et. al. 21 18 Gazette Building lot 39 19 Washington Federal ramp 37 Not including lower level 20 Reeds Building 6 21 Freight House lot 32 2 22 Stone's Restaurant 10 23 -Cub Foods lot 56 2 24 Brick Alley/Commander lot 47 1 25 Dock Cafe lot 30 1 26 Old public works building 26 27 Vacant lot adjacent to Marx Restaurant 6 28 Water Street Inn 60 29 Historic Courthouse lot 31 2 30 Armory lots 12 TOTAL 1,153 24 * not including handicapped spaces . . e . . tit CBD Parking Inventory June 20, 2006 Page 5 of5 SUMMARY This preliminary inventory finds a total of 2,855 parking spaces in the Stillwater Central Business District. · 1,062 spaces are available in public parking lots (34 of these are handicapped spaces) · 468 marked on-street parking spaces are available (includes 1 handicapped space) · 148 un-marked on-street parking spaces are available · 1,177 spaces are available in private/semi-private parking lots (includes 24 handicapped spaces) . 0." . . . 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N~O I I I I II I I I I I I I I I I I I OOfTIv)~~fTIZfTI:::o....,-tl/lG')G')""'U)(") O~Z~~~""""'O~OO~fTI:::O~O~O ~~~:::o~l/l~~-i~~:::o8g~~m~ .........~~ l/l~~Z)> -tCJzzG')O"'O:::O ~ l/l)>fTICC)>Z"'OZ~CJCJfTI~C Z ~~~55zo~""'0""'~"'05z~ 8 :::o~5zzCJ~ 5~50~z 8 ~ ~ ZG')G')l/l~ 0 00 "'0 -t l/lU)V)g-i :::0"'0:::0:::0 C ~ fTI fTIfT1-ifTI "'O~"'O"'O Z ~ ~ gg~~ ~z~~ ::;,. d zZ!:2~ Z :::0 )>0 Vi :::lZ Z 5 0U) ~ ~ Vi ~ fTi l/l RcrA8Ioft. arv REVEW NOT FOR CONSTRUC11ON .......,.....,..........- ~"..........,... ...............,-... ........ ....... ........ ..... ... '" .. .... .. IDITMA. AIN STREET A1 o Drawn by 1'5 Dale 26 JUNE 2006 -- CD -I i ~ ~ =e I iJ D " ~ -- I JD JDi -, r---t' STEFAN AAOtrE ~~I =-......y~ m.-'""llll ou:.mx T"""-'l1Cl M716 T.ASlA3I.2MI 8fllBl . . . . -" ~~ -" ~~ -" ~~ ~~ ~~ "'0 "'0 -'0 -'0 -'0 ~~ ~~ ~~ ~~ ~~ ~ ~ ~ ~ ~ r- r- Ii) Ii) Ii) III III _C) ~~ . c -z J\O 5 C> _:::0 fi" ~~ f~ o o 1- q, C7> <0 c.. ~ . 8 ~ MULBERRY STREET (PI) ~ ~~oo'-o' (n) ~ e @ ~ ~ z: Ul ;d I""l ~ I IT -2' '12'-0' 18'-0' 22'-0' 19'-2' I 1'-4' 2'-lr. 8' 2'-0' 1'-4' ~~ :;-'r'-ttfT-'.r~. ',r ~i~ '4.:I(t.fYTi'.~II'~:'~Tr: .~< ~ o~o--I 'f~ ~$VII II ll~1i-!I::li~~~!i ~ II 'I ,- ~ 1 ~ .G '-' ~! ~ I:E=-:::::==3:! J; 0 0 ~ b co . "t.' ""'--::I:--~ " ~ I I "1 I...--X-- ~ 'I I I ~ ffi. J: I I ! !f=---== I I! I L ~ T ,--~----+:__ __~~ ~~------ - ~ ! 4B1 I I I ffi.~ ~J i i i i ~ I I I I I I I I ~ i ii' -1-----~---1------r- 01 ~ ~ ~ ~' ~ [tl J .~i ---~------t----~ '7 I ~ q~mf 'f!~ '-! i of i I , I~ o==Yl I I I ~j I X I I 11 - ------- -! ---1------1---~ 7 8 I I I ! I I I I I I I I I I I -1------1---1------1---~ I I I I- I t7 !! [ ! ! I- i! J---,! ! II[ Ii -I---t----~ --1------t----~ --n- I I I I I ~ 1111 I ! ! !! I I ~ ! ! !! I []]] , I rr~~! I I l~ e ~ \:::J I~ e l!: ~ I::l I ~ ffi. II 'V ~~t-e I ~ '" ~ ~ b: ffi. 'CU e ~ ~ ('T'1 :;0 ~ :;0 I""l ~ ot Il ~ A-.. b. ~'" ~ ~ - At-. .:t 'W b. ~ ffi. \IV I" I ---! - ~ ~ 1.; '-t R ~& I. [[ J{ ~ . s I ~ ~ I , ; , I I '" ~ '-- ! I I '" ~ :;. lllr'" I -"; '- I A-.. 'd7 ~ ~ ~ I I - T Aoo.. b. I ~.... IQ" ~ " ~ ho. ,,'<:17 .J; I I>:i~ ~ I I -..... c........._...._ .......,_...... ....... .................1...- ~~'~..=-- A5 ,,",)oct 227 NORTH MAIN STREET STlLLWA TER. MN STEFAN T ~--m1 ~:..~ tH!.~ TItle GROUND FLOOR Job He>. 01-05 Drawn by 15 R"","","" arv IEVEW NOT FOR ca8TRJCT1ON OGle 26.IJNE 2006 -- . - ~~ .~ ~;!J '8 ;:0 " ~ . _No. . .' - - - - ~:ii ~:ii ~:ii ~:ii ~ ~ i.~ ~~ ',.., l\ l\ """E ~(J') <::1 <::1 <::1 <::1 ~ ~ ~ ~ {j; {j; {j; (j; r 13: ~ ::z V'l ;d I'Tl ~ A9 Projoct 227 NORTH MAIN STREET STILLWATER, MN TItl. ROOF PLAN MULBERRY STREET ~ ~ ~ PAlHRI'f LM: I I I I ~ I +----1----- -------,---<9 ~ i ; ~i ; i I i I ill i I I I I I ~ -----L-_____L_-?~~-------'---- -----Le : I 00 i Iii I I I I I~ L---~_______L___ ------L ~ I I I I I '-' :::: I ) I ~ ~~ I I I ~I M j : i i: i :1 ~ ~ I ~ ~ I 0 o~ I ~ I ~ ~ ----L--~---L-~:!J-__~___'---- I ----+-e i i i ! I I ----J------L--{{-I-----__L___ ----i I I ~ I I I I I I I I ~ i i Ie j I~~ --__-1____ i 11 i i ; -: - ----1 ! !lll I~!! I~ I !l I i I I I ~ S I I I ! \. I I - - I I ~ ~ I i ~ i ~ ~ s CD Job No. 01-05 R_. I ...., --,.... ... .... _ ........,. - - .... ~-- ..,.."........-...:1_... ........ ....... ~ - ...,........,~ arv fEVEW ~s'" by NOT FOR CONSTRUCTION STEFAN T LANASsom-yesf R:;:..... fiL"'IoiBI Oal.e 26 .AJNE 2006 -- . .. ; - I I II ~ III I I I I -------11---~------- - - -------~------------ ---....------ II I I I I I I ! ~f{ ,,}( X -------4Hr---------------- ~ 'D .. . 'i~ . I ~m I i ~ l5 S X 11)1' Xxx X IX It( X X X X X 'XI ~)(X x 1= I,: I II II II II ::~:::::;L+::::~:=::~~ - I I I , , I I I I I II I II, " II II II I I -- I I I I I I II II i , " I I I I J 'I I I I I I I -- - -- -- . H-H +- H'" ih... ~ "U1'- ~ ~ i ~ I II II II II II II II --- --~ - - - -- - --- --L- II I ---=E- -=-~-==-- ~- ----+ ; I: I II II II ---iff """-----1---- II . (',' II . II --------........... II ~ -=----::--=J'----:----- ------ ~ \ II II I II h I II I II ~ II II II II I II _ I II i ? 4 .- _ ..... Pro)let A12 227 NORTH MAN STREET STILLWATER. MN TItle BUILDING SECTION . !Ii I ,,,r " I: a i 1 iJ I -----G J II II II ""'" - ------6 I I I . I J\\ \\ :::!J I I I I I II I II I 1'111 II'l I II II I I I I I I I'" ~ :=: .\~ I ~--- II II II II II II II II II II II II II - - - - I ----@ I -- ---@ - ------@ 'J Job..... _ 01-05 arY REVEW DnnIn by NOT FOR CONS1FIJC11ON 15 Dola 26 .JJNE 2006 -. I . 1 Ii I ----@ -----<9 f ' I ....,........ -- ........ -......., ~ ........ ... -. - . ... ................. .-e..... ...If.............. -- .' STEFAN T~~ ~..-' tISL"'IfmI .1 ,", ~ , , ~ , " , ~ ---@ ~ fE3[t=3 ---@ ~ II3f3 ---@ ~ - ---e L _ He>. Pro}oct A13 227 NORTH MAIN STILLWA TER, MN Job No. _ 01-05 Drawn by 15 ....,....,... -....- ........, -.......... ........... .... - ..., ........ ---...... ..... ....__.......~ STEFAN T~~ ilIfoI'LT""'l!IlLl'll! iIJIi.'W "':lJlIBI '&....-.1ta: --.ni ~ Sla TIlle DalIl 26.JJNE2006 -- EXTERIOR ELEVATIONS . . .' lIB! it II IUI! ~ 00 '!~'Ii I 1:1 111;i Ii IIi! ~ 1.11,1 I. I~C ~ III! aiti I Y.l o ~I i e . · II'" 1111 ~ II II !i hi !~ ! !~ IIi! p. iln at. I . ill i I!! I ~ I I ! .!i I ~ III I Iftl I I "IU1Uj; I P. ..6;11 i I ~ I- - ~qll:!i ;1; !I!! I I I! Illi dill I II i I ~. g. III,. I "Ill: I . I I. I' I !. ~ ". .'. I ~ I I i I I I I I · I I I I I I · I . I I I I I ! ''I'I . - I I I I I I , I I I j j II II II II ~ ~ : JI II . . . . . . . . . .. ... .. I I " " II II " II J J . I I I I I I I I I I MULBERRY STREET ~ " ~ ~ ~ ::-....... ~2'~"-' II /I (0 ./. 1/ ,(J n ~ I)( n 0) ~ 00 JI ~ - L I' dI I '- ~ '= ~ ~ ~ ~ J ';< I t7i II 1 ~ ~ . ~ /_......... . . . . . -,.,. - - .t. . . . . " . .1'" .t- . ... . . . . ..... ".. - l-I- -t - - - ~ ~ ~ I~ I~! i i - 0 10 - S. ! o 10 " I e I - . ~ =, ! I~ :! I I ~ 0 p . '" I I ..~ I I II i: : i It-, J II ' I~ I D I~ & ,.:, ~ . ~ ~ ==~ ";:J . ==~ I b I ~ ~ "'" "... In f/:t=l. ~ ~~ ~ .61 ;~ D&) ~~ " ::. ..... ~ " ~ ~ ~ ~ I z - I C ..I - ~ ~. ~~ I ;:0 6, I'T1 ~ ~ "... !::l . . . ~ ! I m ~ o~ ... I ..:. Ii ~ DI ~ : - - . ~ T 1== -.J ..... ~ ~ I ~:l1 II I'-' F I rJ ".... . . to:" L- ~ ~ ~~- . 0 ~~ , I ~ ~ ...:. 0 I " ..... - III II I I 1I ."..; ~ I ~ 0 ~ =-, ......~ . ..: ~ Il!~ I I V/lI/I I , r;'~ j >:-~ >=-. I I ~~ .~ >-01 . . ,.... I - !~ I I I I - I I u -..... Projlot 227 NORTH MAN STREET STlLLWA TER. MN Job ..... R_ arv REYEW Drawn by NOT FOR CONSTFIJC11ON 15 I........... _ __ ~..=:;.=;: ......,.--. STEFAN T~~ efE:"-. 1lL"'=f!I L1 11IIe Date 26 oMIE 06 -- PLANllNG PLAN . . ~ MULBERRY STREET o l00~ . 2'. ~ '" . ~ o K . 1 "\ A 1j ,... P fIl I I::l 3: .... ~ ~~S :z: ~ 2'~' ~ I'T'I ~ 'I -~i ~ ~ ~ ~ . ~ <'!. o I ~ ~ A2 Projoet 227 NORTH MAIN STREET STlLLWA TER, MN Job No. _ arv FEVEW 0.-. by NOT FOR COfS1RUC11ON 15 _No. 1IIIe SITE PLAN Dole 26 JUNE 2006 I ! i I o .' I I I II I&.! ! ~~ IIlI :::=IIIIJ' ~ ~!! .5 " I I C 4'-0' "" ~ I 8!;; I~ N It .... ~ ... " -- :;;. ~ N ~ ;;; ~ ~ ~ ~ ~ tJ) -I ::0 I'T'I ~ ... 1.: OJ' ... ~ ....,..........- ....... .,-.. -- ~.... ....... .......... ...... ..... ..... ..... ............1lI'IftJIM. STEFAN T~I ~-== ~..:=e -- . . . . ...... 1'-..... CITY COUNCIL DATE: July 13, 2006 ITEM: United Way signs CC DATE: July 18, 2006 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner ~~ DISCUSSION The St. Croix Area United Way desires to place signs in various locations in the community during their upcoming fall campaign. The signs will be placed in front of individual businesses that sponsor this year's campaign. The project would involve 4 to 5 signs in the Downtown Central Business District and a number of others signs throughout the community. The signs are in the shape of a house that measures 4'7" tall by 5'6" wide with a base depth of 12 inches. The signs are proposed to be up between September I, 2006 and October 31, 2006. Since the temporary signs are requested to be displayed longer than 30 days it requires the approval of the City Council. Additional, the signs in the Downtown area will encroach into City ROW which also requires the approval of the City Council. RECOMMENDATION Staff recommends that the Council approve the requested by St. Croix Area United Way to place up to 20 signs throughout the community with no more than 5 signs in the Downtown Central Business District for a period from September I, 2006 to October 31, 2006. Additionally, any sign in the Downtown Central Business District shall be placed against building keeping as much of the sidewalk unobstructed as possible. ., '-'\ .... 'II ~~ ""'-- ~ ... ~ ........ ~ ~~fJP ~~~~~~....... F~rV~.... ~ ... ~ ,"""fu'"l.l ~ ~r!l:~ ....... ~~~,.. ~ ..........' '." ... ... . ..'. ~ ...,!')O,......... ~ ,/ ~ "VJ.f). ~ I ./ ~ ,.. .... ""~. ....... ; ..~, -iOO: ~,~, Shar~ at Home ~~"'!.. and ! Give for Good -#1 e #2 I .... - Make sure your gift reaches home. www .stcroixareau ni teel wa y .org : 10.~ ' - -- JO!~ J . IC~ OO~::;!;' ~.j~..' :.~~.'c ~, ~~ , ' .. -.~ Share at HOIne and Give for Good '. Make sure your gift reaches home. www.stcroixareauniteelway.org 101 Ai:?~.. 10- E I f~.,.:'<:~~ ... i + . ... .;: ' J:"i'... f . . . cSiillwa ter_ ...... ....=--- .-=::::;;;;; . ~) ~ - ~-HE 8)A-'-HP~ACt O~- M1Nt~[S07A CITY COUNCIL DATE: July 13, 2006 ITEM: St Croix Valley Recreation Center CC DATE: July 18, 2006 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Plannertltfp DISCUSSION The proposed rate increases, $5 per hour for ice time, $10 per hour for field house rental, and $1 increase for open skate/ open field house in needed due to increased operating costs, especially with rising energy costs. These rates keep the City of Stillwater at or below the fees charged by other communities in the area for similar facilities. RECOMMENDATION City council consider approving the proposed rates for ice time, field house rental, and open skate/ open field house rate. f . e . APPROVING RATES FOR THE ST. CROIX VALLEY RECREATION CENTER WHEREAS, on November 28, 2005 the Parks and Recreation Board reviewed and recommended to the City Council certain rates for St. Criox Valley Recreation Center. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater that the following rates for the St. Croix Valley Recreation Center are hereby approved and are effective immediately except for contracts already entered into for 2006. Rates: Rec. Center Ice Lily Lake Ice Full Field House Half Field House Prime Time $150/hour $140/ hour $205/hour $115/hour Non Prime Time $125/hour $125/hour $140/ hour $80/ hour Open Skating and Open Field Rate $3.00/kid $4.00/ adult Adopted by the Stillwater City Council this 18th day of July, 2006. Jay L. Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . City of Stillwater Parks and Recreation Board Nov.28,2005 Present: Linda Amrein, chair David Brandt, Paul Donna, Rob McGarry, Wally Milbrandt, Cathy Sewilo and Sandy Snellman Others: Planner Sue Fitzgerald Ms. Amrein called the meeting to order at 7 p.m. Approval of minutes: Ms. Amrein, seconded by Ms. Snellman, moved approval of the minutes of Oct. 25, 2005, as submitted. Motion passed unanimously. Recreation Center aqreement and rates: Doug Brady, Rec Center manager, was present. He noted the management agreement with St. Croix Caterers has remained pretty much unchanged. There have been no revisions in the new proposed agreement. Ms. Fitzgerald said Administrator Hansen is comfortable with the agreement. Ms. Snellman, seconded by Mr. Brandt, moved to recommend that the Council extend the management agreement with St. Croix Caterers for another year. Motion passed unanimously. e Mr. Brady said the proposed rate increases, $5 per hour for ice time and $10 for field house rental, are due primarily to anticipated increases in operating costs, such as energy costs. He said the new rates, which would be implemented for the 2006-07 season, are in keeping with rates charged by other facilities in the metro area. The proposal also includes a $1 increase in the fee for open skate/open field house. Mr. Milbrandt asked whether users were aware of the proposed increases; Mr. Brady responded in the affirmative. Mr. Milbrandt also asked whether the senior skaters had been accommodated. Mr. Brady said because the SCVHA has fewer teams than anticipated, he has been able to give the senior hockey teams earlier start times; with the recent change in the number of teams, the seniors only have two start times later than 10 p.m. Ms. Amrein asked if the new rates would be enough to cover increased energy costs. Mr. Brady responded that Administrator Hansen does not want the City to be charging the highest fees; hopefully, he said, the proposed increases will be enough to keep the City in line with other facilities and recoup increased costs. Mr. McGarry suggested the rate increases are clearly justified in view of anticipated cost increases. Mr. Brandt, seconded by Ms. Snellman, moved to recommend that the City Council adopt the rate increases as proposed. Ms. Amrein suggested that the format of the proposed rate changes be modified to make the proposal easier to read. Motion to recommend the adoption of the rate increases passed unanimously. . Millbrook park proposal: Present were Jay Liberacki, representing developer US Homes, and Phil Carlson, US Homes consultant. Mr. Carlson reviewed the proposal. He noted the M ill brook development consists of three different housing types, three neighborhoods. The proposal includes three park areas. In addition to the 7.5 acre park located near the primary entrance to the development off Highway 96 and north of the townhomes, the proposal includes a neighborhood park, about 1 acre in size, in the southern portion of the development and a 2.8 acre site near South Twin Lake. The revised proposal brings the total parkland dedication to 11.2 acres, more than the - "'"--.. required 10 percent. While the parkland would be dedicated to the City and up to the . City to develop, Mr. Carlson said the 7.S-acre park could accommodate a full-size hockey rink, soccer field, ball field, kids' play field, tot lot, as well as a ponding area, walks and open space. The south park, he said, could accommodate a 1S0' play field and play structure, open area, access roadway (as required by the City) and sidewalks in and out of the park area. Due to the topography, he said he would hope the City would keep the 2.8-acre site adjacent to South Twin Lake for passive use. The site overlooking South Twin Lake is an open knoll area; the trail system will loop through the site. Mr. Milbrandt asked if the easement would accommodate a trail along South Twin Lake, a primary issue in earlier discussions. Mr. Carlson said the easement will accommodate a trail, but noted that, as in earlier discussions, it was felt any trail should be more natural, rather than a paved trail, due to the naturc:d topography/terrain. Mr. Milbrandt noted the proposal is a concept for the developer's easement for parkland dedication; what is done with the land is up to the City. Ms. Fitzgerald responded to a question regarding staff's position on the proposal by saying that Community Development Director Russell is comfortable with the proposal as representing enough of a compromise from the earlier park proposal. Mr. Brandt said he liked the revised plan, particularly the south park and its connections with the adjacent neighborhood. Mr. Donna asked about parking near the major park area. Mr. Carlson noted that on-street parking is available. The City could choose to use some of the park area for a parking lot if it feels that is necessary, he noted. Mr. Milbrandt said a concern is that prospective buyers be made aware that the 7.S-acre site will be an active park use. . Mr. McGarry said he thought the revised plan answered the Board's concern for the dedication of land for usable park space and moved approval of the Millbrook park dedication concept plan dated Nov. 2S, 200S. Mr. Brand seconded the motion; motion passed unanimously. Other items: . 1) Ms. Amrein briefed the Board on 'a meeting she had attended regarding the National Park Service (NPS) proposals for a camping management plan for NPS-owned lands in the St. Croix Riverway between St. Croix Falls and Stillwater. Currently, camping is for the most part unregulated, she noted. The NPS currently is seeking public comment regarding the proposed management plan. If the proposal moves forward, a draft plan would be developed for consideration in 2006. Mr. Milbrandt asked whether those in attendance at the meeting were in favor of a camping management plan. Ms. Amrein said most people were in favor of "reasonable" regulations. Ms. Amrein said perhaps Mr. Russell should be in contact with the NPS person in charge. Mr. Milbrandt said the Council is aware of the proposal and has directed staff to keep informed of the development of plans. There was some discussion of the potential implications of the plan for Kolliner Park. No action was taken. 2) Included in the agenda packet was a resolution formalizing the Board's position regarding surface water use of South Twin Lake as discussed at the October meeting. Ms. Amrein suggested that the wording of the resolution be changed from prohibiting the use of motorized "boats" to motorized "watercraft." Mr. McGarry, seconded by Mr. Milbrandt, moved approval of the resolution changing all references . of motorized boats to motorized watercraft. Motion passed unanimously. . 3) Ms. Fitzgerald informed the Board that Stillwater had been selected for recognition in the Governor's Fit City program, which, she said, will result in some good PR for the City. She also said Stillwater has been selected as a Preserve America Community. 4) An updated trails and parks map was included in the agenda packet. Ms. Amrein pointed out that the map still has the Zephyr depot shown in the wrong location, and one of the map's references to the depot is spelled incorrectly. 5) Ms. Amrein reminded members whose terms are due to expire that they must request reappointment if they wish to continue to serve. Ms. Amrein also referred to the invitation from Friends of Stillwater Parks to attend that group's 10lh anniversary open house. 6) Mr. Milbrandt told the Board that Friends of Stillwater Parks has funding for a number of memorial benches to be placed in Lowell Park. However, because plans for Lowell Park are on hold until a decision is made on federal plans for the levee, temporary locations must be found for the benches. He asked that Tim Thomsen submit suggestions for temporary location of the benches for consideration at the Board's December meeting. The December meeting will be held Dec. 19 beginning at 6:30 p.m., followed by the annual holiday gathering. 7) Mr. Brandt asked about the removal of play equipment at Benson Park. Ms. Fitzgerald said the equipment was removed due to safety issues and will be replaced; Ms. Fitzgerald will contact Mr. Brandt with information regarding when the new equipment will be installed. Mr. Brandt also informed the Board that the Lily Lake PT A has begun efforts to replace the playground equipment at that school. Mr. Milbrandt pointed out that unlike Oak Park and Stonebridge Elementary Schools, where the City contributed some funding for the new play equipment, Lily Lake School is in proximity to other playground facilities. 8) Mr. Donna suggested that in the future when considering rate increases, such as the rate increase for the Rec Center approved earlier in the meeting, that the Board be provided with spread sheets and other information justifying the requested increase. It was agreed that information should be provided in the future. Mr. Donna also expressed a concern about a change in City ordinance, which no longer requires fencing of private pools if the owner utilizes an approved cover. Members agreed with Mr. Donna's concern. . Mr. McGarry, seconded by Mr. Brandt, moved to adjourn at 8:30 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary . " " . . . c5tillwate~~ ....~=--~ ~, ~ j~ E 8.! R "f H ~ ~ ft_ r r (j r M; N t~ E S 0 1 A_ J CITY COUNCIL DATE: July 13, 2006 ITEM: Teddy Bear Park Policy CC DATE: July 18, 2006 REVIEWERS: City Administrator, Community Dev. Director PREPARED BY: Michel Pogge, City Planner fY\~? DISCUSSION Tom and Sherry Armstrong have recently donated Teddy Bear Park to the City. Since the City currently does not own or operate a similar facility there are a number of policy items that needed to be discussed and decided on prior to the City making the building available for rentals. Staff has developed a list of items related to the park and presented them to the Parks and Recreation Board for review and recommendation to the Council. The Parks Board has reviewed these policies and made their recommendation to the City Council on June 26. Since the policies for Teddy Bear Park conflict with a three sections of the City Code it is necessary for the council to enact an ordinance to amend these sections. At the Council's July 11th the first reading of Ordinance 969 was approved. At Council's July 18th Staff is requesting Council consider the potential second reading of this ordinance. Additionally at this meeting Staff is requested the Council consider a resolution that formally adopts the remaining policies for Teddy Bear Park. RECOMMENDATION 1. Approve the Second reading of Ordinance 969 as presented. 2. Approve the resolution setting the rental agreement and policies for Teddy Bear Park as presented. '. . APPROVING TEDDY BEAR PARK RENTAL AGREEMENT AND POLICIES WHEREAS, the City Council finds it necessary to regulate and restrict the use of Teddy Bear Park in order to protect and maintain a healthful, safe and desirable environment; and, WHEREAS, the Parks and Recreation Board on June 26, 2006 reviewed and recommended certain policies regarding the use and operation of Teddy Bear Park; and, WHEREAS, the Teddy Bear Park policies have been presented to the City Council. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater hereby adopts the attached Teddy Bear Park Rental Agreement, and BE IT FURTHER RESOLVED that the City Council of the City of Stillwater hereby adopts the following policies for Teddy Bear Park: . Park Hours- The hours for Teddy Bear Park shall be 8AM to 8PM or dusk, which ever is earlier, from April 1 to the first snow. Building shall be available for rental from April 1 to September 30. The park site and building shall be closed in the winter. Park Gate - Park gate shall be closed and locked during hours the park is closed. Alcohol - Due to the nature of this park, Teddy Bear Park shall be designated an alcohol free park. Animals in the park- Due to the nature of this park and lack of open space, animals shall be prohibited in Teddy Bear Park. Service animals and zoo animals shall be exempted from this policy. . .' . . . Building Rental Policy - Type of Events - The park shall be generally open to all uses, except the City reserves the right to deny any activity that is incompatible with the intended use of the park. Building Occupancy - As required by City Fire Codes the maximum occupancy for the building is 65 occupants on the first floor and 30 occupants on the second floor. Rental Rate and Length of Rentals The following rate schedule is established for the rental of each floor of the facility. The schedule is based on a flat rate for the first 3 hours with a set rate for additional hours. This fee schedule 11 f d rid tl a ows or an encourages par la ay ren a s. Monday - Non-profit For-profit Thursday Resident Non-resident Group Group First 3 hours (1st Floor) $ 50.00 $ 80.00 $ 50.00 $ 80.00 Each Additional Hour (1st Floor) $ 15.00 $ 25.00 $ 15.00 $ 25.00 First 3 hours (2nd Floor) $ 40.00 $ 60.00 $ 40.00 $ 60.00 $ 10.00 * Each Additional Hour (2nd Floor) $ 10.00 $ 15.00 $ 10.00 $ 15.00 $ 5.00 * * Rate based on a minimum of 10 separate meetings with no food at the event. Non-profit For-profit Friday - Sunday Resident Non-resident Group Group First 3 hours (1 st Floor) $ 90.00 $ 160.00 $ 90.00 $ 160.00 Each Additional Hour (1st Floor) $ 25.00 $ 45.00 $ 25.00 $ 45.00 First 3 hours (2nd Floor) $ 70.00 $ 125.00 $ 70.00 $ 125.00 Each Additional Hour (2nd Floor) $ 20.00 $ 35.00 $ 20.00 $ 35.00 Damage Deposits - A damage deposit of $100.00 per floor rented is required for reservations. Time between rentals - A minimum of one hour between rentals is required. Staffing - A City Staff member with open and lock the facility between each event to ensure the facility has been properly cleaned and no damage has occurred during the event. Reservation deadline - Reservations are required 24 hours in advance for events between 8AM and 3:00PM Monday through Friday and 1 week in advance for events on Saturday and Sunday and running after 3:00PM on Monday through Friday. Adopted by the Stillwater City Council this 18th day of July, 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk " . . . " . illwater THE BIRTHPLACE OF MINNESOTA ~ APPLICATION & PERMIT FOR USE OF TEDDY BEAR PARK BUILDING PLEASE READ AND SIGN REVERSE SIDE OF APPLICATION SUBMITTAL OF THIS APPLICATION DOES NOT CONSTITUE APPROVAL Today's Date: Name ofIndividual or Organization: Non-Profit Tax ID # (if applicable): Responsible Party's Information - PLEASE PRINT Daytime Phone: Other Phone: Name: Address: City/State: Zip: (PLEASE INCLUDE TIME FOR SETUP & CLEAN-UP) Opening Closing Time: Time: .ate(s) f Event: If more than one date requested please list on separate sheet all dates and times. Nature of Event - (Meeting, Party, Practice, Show, etc.). Please explain fully: Estimated Attendance: Adult(s) Youth(s) Total SEE POLICY SHEET FOR FEE INFORMA nON - FULL PAYMENT DUE 10 DAYS PRIOR TO RESERV A nON Floor Requested: First Floor Second Floor Both Floors CLASSIFICATION INFORMA nON Is the responsible party a City of Stillwater resident? If a group is renting the facility, is it a non-profit group? Is the event open to the public? Will the event serve food? Yes Yes Yes Yes No No No No ................................................................................................... .................................................................................................................................................................................................................................................. ........................ For Department Use Only Deposit Amount Rec'd: $ Total Fees Rec'd: Department Representative Date City Planner (if required) Comments: '. APPLICATION FOR RENTAL OF TEDDY BEAR PARK BUILDING "SUBMITTAL OF THIS APPLICATION DOES NOT CONSTITUE APPROVAL" RESERVATION POLICIES AND PROCEDURES . 1. Application forms should be filled in completely and returned to the Parks and Recreation Department. 2. Reservations must be made a minimum of24 hours in advance for events between 8AM and 3:00PM Monday through Friday and 1 week in advance for events on Saturday and Sunday and running after 3:00PM on Monday through Friday. 3. The hours for Teddy Bear Park are 8AM to 8PM or dusk, whichever is earlier. 4. Rentals are limited to the building in Teddy Bear Park. The Teddy Bear Park grounds and restrooms are a public space that are not part of any facility rentals and shall remain open to the public at all times. 5. Recurrent reservations are made by special arrangement and may only be made for twelve (12) consecutive months at a time. 6. A refundable damage/cleaning deposit of $1 00.00 (per floor and per event) is required for use, payable with the application. 7. The kitchenette in the facility is NOT a commercial grade kitchen. All food served in the building by caterers must be prepared off-site in an approved kitchen as required by Washington County Health Regulations. Caterers shall not cook nor prepare any food on-site. Caterers must have a valid catering license. 8. THE FACILITY USER WILL BE BILLED FOR ANY DAMAGE OR CLEAN UP EXCEEDING THE AMOUNT OF THE DAMAGE/CLEANING DEPOSIT, THE FACILITY MUST BE RETURNED IN THE SAME CONDITION AS LOANED. 9. The balance of the reservation fee must be paid ten (10) calendar days prior to the reservation date(s). No person or group may use a City facility unless all fees and deposits are paid in advance. 10. Cancellations are accepted up to and including three (3) calendar days prior to the reservation date with a refund of all deposits. The facility user forfeits the damage/cleaning deposit toward the reservation if cancellation is made less than three (3) calendar days from reservation. 11. PER g48-4 OF STILLWATER CITY CODE, NO INTOXICATING LIQUOR OR NARCOTICS SHALL BE USED IN TEDDY BEAR PARK AND VIOLATION OF THE REGULATION WILL CAUSE CANCELLATION OF T~ RESER V A TION AND DENIAL OF FUTURE USE OF CITY FACILITIES TO SUCH ORGANIZATION. . 12. No structures may be erected or assembled on premises, nor may any electrical, mechanical, vehicles or other equipment be allowed on premises, unless special approval has been obtained from the Parks and Recreation Department. 13. Nothing shall be sold, offered or advertised for sale on or in City facilities unless correct licensing procedures are followed according to Stillwater City Code. 14. All reservations are subject to periodic review by the Parks and Recreation Department and may be cancelled after due notice. The Department reserves the right to cancel any reservation for due cause, including but not limited to activities that are incompatible with the intended use ofthe park, and shall notify the person or organization of its action immediately. 15. An approved copy of this form and payment receipt should be brought to the facility by the user. 16. The person filling out this form must be 21 years of age or older. If the facility will be used by patrons under the age of 21 years old, there must be at least one adult on site at all times. 17. At all assemblies of minors, responsible adults must be present throughout the function. Additional security may be required, the cost of said security to be paid by the person or group reserving the park/facility. 18. A Special Event Permit is required for all outdoor events open to the public. Any application requiring a Special Event Permit or amplified sound must be submitted a minimum of 30 days prior to the reservation date. An approved copy of the Special Event Permit must be received by the Parks and Recreation Department at least ten (10) days prior to the event. 19. Applicant must abide by all the rules and regulations of the Stillwater City Code. AGREEMENT I hereby certify that I am the authorized representative of the applicant organization, that the application statements are true to the best of my knowledge and that I agree to be bound by the regulations and policies listed above or attached to this application. I, through the signing of this agreement, indemnify, hold hannless and defend the City of Stillwater, its agents and employees from aA suits and actions, including reasonable attorneys' fees and all costs of litigation and judgment of every name and description againW the City as a result of loss, damage or injury to any person or property by reason of any action or omission by myself. Signature: Date: . Memorundum To: Mayor and City Council From: Shawn Sanders, Interim Public Works Director ~ Date: 7/1412006 Re: Approval of plans and specifications for Munklewitz Park DISCUSSION: Bonestroo has completed the plans and specifications for the Munklewitz Park. This project would the first phase of a three year project which includes grading and seeding of the park, installation of the trails, sidewalks and parking lot. The budget for this year's project is $200,000.00. RECOMMENDATION: . Staff recommends that Council approve the plans and specifications for the Munk1ewitz Park and authorize the advertisements of bids. ACTION REQUIRED If council concurs with the recommendation they should pass a motion approving RESOLUTION 2006- APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR MUNKEL WITZ PARK PROJECT (PROJECT 2005-08), . APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR MUNKEL WITZ PARK PROJECT (PROJECT 2005-08) . WHEREAS, pursuant to a resolution passed by the Council on ih of March 2006, Bonestroo has prepared plans and specifications for the Munkelwitz Park Project (Project 2002-04) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CrTY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer on behalf of Bonestroo are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Thursday, August 31 2006, at 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on . September 5,2006, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent ofthe amount ofthe bid. Adopted by the Council this 18th day ofJuly 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . "" Memorandmn To: Mayor and City Council <iPb From: Shawn Sanders, Interim Public Works Director Date: 7/14/2006 Re: Authorization of plans and specifications for the Lily Lake Ice Arena and the Neal Avenue Trunk Sewer Project DISCUSSION: Staffhas two upcoming projects that are proposed to be completed this year. The first is the Lily Lake Arena parking lot. The existing parking lot is need of repair and a partial reconstruction of the parking lot and the driveway entrance and exit is proposed. The second project is to extend a trunk sewer line along Neal Avenue from the railroad tracks at N eal Avenue to McKusick Road. The trunk sewer would serve future developments of Millbrook, Browns Creek Preserve, the Heifort property and the Palmer Property. ~ , In order to proceed with the two projects staffis looking for Council to authorize the preparation of the plans and specifications for the two above-mentioned projects. RECOMMENDATION: Staff recommends that Council authorize staff to prepare plans and specifications for the Lily Lake Ice Arena Parking Lot and the Neal Avenue Trunk Sewer Project. ACTION REQUIRED If council concurs with the recommendation they should pass a motion approving: RESOLUTION 2006- ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE LILY LAKE ICE ARENA PARKING LOT PROJECT (PROJECT 2006-03) RESOLUTION 2006- ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE NEAL AVENUE TRUCK SEWER LINE PROJECT (PROJECT 2006-09) ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE LILY LAKE ICE ARENA PARKING LOT PROJECT (PROJECT 2006-03) BE IT RESOLVED, by the Council of the City of Stillwater, Minnesota, that such improvement is necessary and is hereby ordered as proposed in the. council resolution adopted the 18th day of July 2006 and the City of Stillwater Engineering Department is hereby designated as the engineer for this project. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 18th day of July 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE NEAL AVENUE TRUCK SEWER LINE PROJECT (PROJECT 2006-09) BE IT RESOLVED, by the Council of the City of Stillwater, Minnesota, that such improvement is necessary and is hereby ordered as proposed in the council resolution adopted the 18th day of July 2006 and the City of Stillwater Engineering Department is hereby designated as the engineer for this project. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 18th day of July 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk ...:~ I . . . ~- .==--- ~. rt f B'R'HP'ftCE 0; M'NN,SOl' ") CITY COUNCIL DATE: July 18, 2006 ITEM: Certified Local Government Scholarship Grant Application for the 2006 Annual Statewide Preservation Conference CC DATE: July 18, 2006 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner ,tA1{/ DISCUSSION Staff has prepared the grant application for the 2006 Annual Statewide Preservation Conference. Each Certified Local Government Heritage Preservation Commission is eligible to apply for the grant. This year each CLG can receive up to $625.00 in matching funds that can be use toward conference costs. The City will be using both a cash match and in-kind/volunteer time to cover the required matching funds. Additionally, as a CLG as least one HPC commission member is required to attend the conference as a condition of continued certification. This year the City of Stillwater is planning on sending three commissioners and one staff member to the conference which will be held in Red Wing. RECOMMENDATION Staff recommends that the Council authorize the grant application to the Minnesota Historical Society for Certified Local Government Scholarship and approving in- kind/volunteer time with a cash match of up to $138.99. ~. \, . AUTHORIZING THE GRANT APPLICATION TO THE MINNESOTA HISTORICAL SOCIETY FOR THE CERTIFIED LOCAL GOVERNMENT SCHOLARSHIP APPLICATION RELATED TO THE 2006 STATEWIDE PRESERVATION CONFERENCE BE IT RESOLVED, by the City Council of Stillwater, Minnesota authorizes the grant application to the Minnesota Historical Society for Certified Local Government Scholarship and approving in-kind/volunteer time with a cash matching amount of up to $138.99. Adopted by the City Council this 18th day of July, 2006 Jay L. Kimble, Mayor . ATTEST: Diane F. Ward, City Clerk . Minnesota Historical Society Certified Local Government Scholarship Application Preserve Minnesota 27th Annual Statewide Preservation Conference . St . James Hotel - Red Wing, Minnesota September 27- 29, 2006 1. Applicant: Name of City C /r! 0 P :s TfCe.. (..(J.4- r€ II?:... Mailing Address 2.' ~ Ilf 'F c u. II! 7"1-( OS I City/State/Zip ;)7/U_ c...vA7e~ /J'l/\/ 5"508 Z- . " CLG Certification Date: 1/ Z. C) f <188 I I CitYContact1rnf()rfl)Cltl()n~1 2. Authorized Official: Signature 5A~ kt~f3LC Print name and title J /J1A Yo R , tOS-l- '1'10. BgoO Telephone 3. Project Director (City Contact) ~~1?~ Signature Print name and title /Yl, c. HE't.. ~ ~ ~ C I rCf rtt4-IV AJ e I:.... , (f foSl-'('So-Bgz. 'l... Telephone 4. HPC Chair: Signature Print name I-IDGVJ4/Z'P L IE~t:1!:. /h~N . tlPc CHAt~ 61Z-'5~2-SZoo / Telephone 0' .0. .'. ..... ,.." ..,. .',.. 0 __ ...' .0..0.0 t~,~;Boig~$~JiR;jS~~-i~t~~~,'~i'"" 6. Scholarship request: Number of attendees: " 7. Name of attendee(s) and title/position '5 e F F --:;1'0'" AJ so,u Requested funds: (Cannot exceed 50% of total cost. $625 limit per city) ~ Co Z. $"". 00 1<oGoER -r'oVt-17e- ~ Matching funds: (Must be at least 50'}'. of requested funds) Sc.7'T" 24IfR€/J 1f1'~HEl.. ~(r(#.c ., Budget 8. Provide a detailed budget. Only one budget is necessary if the same amount of funds are being requested for more than one person. . A. Registration No. of Participants: 1 X $90 (two day early registration) : Registration Total $ ~<OO. 00 B. Mileage Mileage: 7 73 miles X $.445 Per mile : Mileage Total $"'3tf S. 9'1 C. Per Diem No. of Participants: 'f X $15/night (dinner for lor 2 nights) : Per Diem Total $ (.. 0 (The conference registration fee includes both breakfast and lunch meals) D. Lodging No. of Hotel Rooms: - X lor 2 X $-=- (see rates below) : Hotel Total nights Hotel rates: St. James Hotel (651-388-5226 or 1-800-252-1875) Standard King Room $99/night plus tax Please note that you must make you own reservations. Mention the conference to obtaIn. the special conference rate. Rooms will be held at this group rate until Sept. 6. $ E. Actual Costs Subtotal (Add A through D above) : $ 7 G, 3. 11 F. In-Kind/Volunteer Time (To be used as match for Actual Costs above) In-Kind (City Staff) Use actual pay rate for hourly rate No. of participants ~ X hourly Z"5. 87 X No. of hours -z. D : In Kind Total $ '/77. ~o rate (8 hrs/day + travel) .................-.................................................................................................................................................................... Volunteer (HPC Members) MNSHPO has established an across the board $15/hr rate for all HPC members. No. of participants 2 X hourly I> X No. of hours 2. 0 : Volunteer Total $ c:r()O.oo rate (8 hrs/day + travel) G . Total Cost FUNDS REQUESTED (Actual Cost Subtotal from E, above not to exceed $625 per CLG): IN-KIND/VOLUNTEER TIME (from F, above): $ Co2 ~ C.?o $ (1377.. CASH MATCH"" $ I ~S,11 (""Only required if Funds Requested total is greater than In-Kind/ Volunteer Time total, Applicants must provide at least a 50% match) , \ ..stillwater Bike Race - 2006 Page 1 of 1 Diane Ward . From: Sent: To: Cc: Bill Callas; Don Hunley; Phil McCullough Subject: Stillwater Bike Race - 2006 Greetings City of Stillwater, Thank you very much for allowing the Great River Energy Bicycle Festival and Nature Valley Grand Prix to take place in Stillwater for the 5 consecutive year!!! By all accounts the 5 day stage race was a success and the 5th - Stillwater - was again the best of them all! Perfect weather, great attendance, exciting racing and wonderful support from the city and county. The course was in great shape with road improvements, all construction complete and clean roads. Police and EMT support was timely and very supportive. My coordination with the city and county has always been very easy. Thanks to Diane and Carol for making it so with help in permitting and connecting the dots. Thanks goes out to: . . Stillwater Police for their help in clearing vehicles, course opening and closure and traffic details. . Stillwater EMT crew that handled the couple of cyclists needing care. . Stillwater Streets department for the well prepped roads . Supervalu / Cub Foods for use of their property . US Bank for use of their property . Stillwater Chamber for use of the office . Stillwater City Council for permission to host the event Of the five years, this was the smoothest year yet. Everything was on time and done very safely. I hope the city and county feel this has been a worth while commitment once again and that in 2007 we'll be doing it again! I hope to make a couple improvements over this year. First, more protection around the course for racers. This just requires more haybales to be located at certain locations - we can handle this. Second, I want to coordinate with the police on "no parking" signage to better handle race-day parked cars. If anyone has any comments, please let me know your thoughts. I will plan on attending to the January or February city council meeting to plan next year's event. Thanks so much, Andy Dahl Race Director Minnesota Bicycle Festivals . 7/13/2006 , .... I ~ Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, July 13, 2006 11:45 AM Pat Raddatz Washington County Board Agenda - 7/18/06 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 ~~I Washington County Board Agenda July 18, 2006 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of 1 . Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9: 1 0 - Community Services * Dan Papin, Director Recognition by the MN Department of Human Services * Wayland Campbell 5. 9:20 - Financial Services * Don Wisniewski, Interim Director Certificate of Achievement for Excellence in Financial Reporting for 2004 and Presentation of the 2005 Comprehensive Annual Financial Report . 6. 9:25 - Transportation and Physical Development * Don Theisen, Director 2 ,-- A. Contract with Barr Engineering for Design Services on CSAH 6 in Lake Elmo B. Resolution in Support of the St. Croix River Crossing .7. 9:35 - Public Health & Environment * Judy Hunter, Sr. Program Manager Amendment to Resource Recovery Service Agreement 8. 9:45 - General Administration * Jim Schug, County Administrator 9. 9:55 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. Board Correspondence 11. 10: 15 - Adjourn 12. 10:20 to 10:45 - Board Workshop with Office of Administration 3 . Receive Report on Issues and Initiatives Being Considered by the Disabled Veteran's Rest Camp Board of Directors 13. 10:45 to 11 :30 - Board Workshop with Community Corrections and County Attorney's Office Explore Drug Court Model as a Means of Dealing with Drug and Alcohol Addiction *********************************************************************************** Meeting Notices July 18 - Housing & Redevelopment Authority 3:30 p.m., 1584 Hadley Avenue North * Oakdale July 19 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive * Woodbury July 19 - Plat Commission 9:30 a.m., Washington County Government Center ..July 19 - Metropolitan Emergency Services Board 10:30 a.m., 2099 University Avenue West * St. "aul July 19 - Metro Transportation Advisory Board 1:30 p.m., 390 Robert Street North * St. Paul 4 #>, July 19 - Historic Courthouse Advisory Council 4:30 p.m., 101 West Pine Street * Stillwater July 20 - Parks and Open Space Commission 6:00 p.m., Tour of Northern County Parks . *********************************************************************************** Washington County Board of Commissioners Consent Calendar * July 18, 2006 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Community Services A. Approval of the 2006-2007 subgrantee agreement with Human Services, Inc. to rehabilitate an existing property in order to create affordable rental housing for low-income individuals. Human Resources B. Approval of a Special Project Office Support II (1.00 F.T.E) position in the Department of Human Resources. 5 . C. Approval to convert a Special Project Planner/Associate Planner in the Public Health/Environment Department to a regular status position. Information Technology D. Approval of contract for temporary staffing services from TEKsystems, Inc. for the Information Technology Help Desk and the Sheriffs Office. Public Health and Environment E. Approval of resolution authorizing an amendment to extend a grant contract with the Minnesota Department of Public Safety, Division of Emergency Management for receipt of federal/state All Hazard Mitigation Planning Grant dollars for the development and maintenance of a Countywide all Hazard Mitigation Plan. F. Approval and execution by Board Chair and Administrator of recycling grant agreement with the City of Cottage Grove for distribution of curbside recycling funds. Transportation and Physical Development . G. Approval and execution of Lease Amendment No.8 for lease of office common space in the Woodbury Service Center for the Department of Employment and Economic Development * State of Minnesota. 6 H. Approval of resolution, final payment to Bergman Companies in the amount of $84,729.78 for the crack sealing road maintenance project. ~. Approval of Amendment NO.4 to the Washington County/Anoka County Cooperative Agreement for CSAH 14/8 for consultant design services. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us 7 . . .,: Diane Ward From: Sent: To: Subject: Please Do Not Click Reply [support@govoffice.com] Thursday, July 13, 20068:18 AM Diane Ward Public Input Form (form) has been filled out on your site. . Your Site has received new information through an online form. Online Form: Public Input Form Site URL: www.cLstillwater.mn.us Subject: Mayor Kimball award First Name: Sharon Last Name: Schwarze Address: 10707 Joliet Ave. N. Grant, MN Zip Code: 55082 Email: ksjta@aol.com Comments: Congratulations to Mayor Kimball and our neighboring City of Stillwater for the honor of receiving the CC Ludwig Award from the League of Minnesota Cities. Sharon A. Schwarze 1 . Grant City Council Do Not Click Reply - This e-mail has been generated from an online form. . 2