HomeMy WebLinkAbout2006-09-19 CC Packet
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-20
Council Chambers, 216 North Fourth Street
September 19, 2006
.PECIAL MEETING
CAlL TO ORDER
ROLL CALL
4:30 P.M.
STAFF REPORTS
1. Police Chief
.. Fire Chief
CONSENT AGENDA*
1. Resolution 2006-202, directing
2. Possible approval.of request fo
3. Resolution 2006-203, appr
Plan
4. Resolution 2006-204, a
3. City Clerk
4. Director of Admin
subjects which are not a part of the meeting
ent or may give direction to staff regarding
OTHER BUSINESS
1. Discussion on Community Survey
REGULAR MEETING
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - Possible approval of September 5,2006
September 13, 2006 special meeting minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATI
1. Certificate of Appreciation for Paul Teske
OPEN FORUM
The Open Forum is a portion of the Council meeting to address
agenda. The Council may take action or reply at the time
investigation of the concerns expressed.
ommunity Dev. Director
. Engineer/PWD
7. City Attorney
8. Finance Director
9. City Administrator
s
ire Prevention Week Signs/Banners
lution to Adopt the Washington County All Hazard Mitigation
nesota Cities Storm Water Coalition Letter of Understanding
.
PUBLIC HEARINGS
1. Case No. ANN/Z -49. This is the date and time for a public hearing to consider a
request from n Properties for an annexation, zoning map amendment and
comprehe ndment for the property located at 13210 75th Street and 13129 and 13199
Boutwell r a 45 ot single family residential development on 18.3 acres in the AP,
Agricul tion District and any variances related thereto. Notices were mailed to affected
prope a published in the Stillwater Gazette on September 8, 2006.
Ca M/CPA/PUD/SUB/06-45. This is the date and time for a public hearing to
c .uest from Tim Freeman; Folz, Freeman, Erickson, Inc. for an annexation, zoning ma_
a ent, comprehensive plan amendment, preliminary PUD and preliminary plat request for a
1510 elopment on 9.5 acres (Brown's Creek Reserve) in the AP, Agricultural Preservation
District and any variances related thereto. Notices were mailed to affected property owners and
published in the Stillwater Gazette on September 8,2006. (Resolutions)
Case No. ZAT/06-05. This is the date and time for a public hearing to consider a request from City
of Stillwater for a zoning text amendment to the Downtown Height Regulations. Notices were mailed
to affected property owners and published in the Stillwater Gazette on SeptemberS, 2006. (1st
reading of ordinance)
This is the date and time for a public hearing to consider the proposed assessments for the 2006
Street Improvement Project (Resolution)
2.
3.
4.
5. This is the date and time for a public hearing to consider the proposed assessments for the 2nd &
Nelson storm water project (Resolution)
UNFINISHED BUSINESS
NEW BUSINESS
1. Possible approval of resolution calling for hearing for assessment for demolition and cleanup of
garage area.
.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
ity Council and will be
unless a Council Member or
sent agenda and considered
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
* All items listed under the consent agenda are considered to be r
enacted by one motion. There will be no separate discussion O.
citizen so requests, in which event, the items will be remove
separately.
.
.
2
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-20
Council Chambers, 216 North Fourth Street
September 19, 2006
.PECIAL MEETING
CALL TO ORDER
ROLL CALL
4:30 P.M.
OTHER BUSINESS
1. Discussion on Community Survey
REGULAR MEETING
7:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - Possible approval of September 5, 2006 regular and recessed minutes and
September 13, 2006 special meeting minutes
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Certificate of Appreciation for Paul Teske
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
.. Police Chief
. Fire Chief
3. City Clerk
4. Director of Admin
5. Community Dev. Director
6. City EngineerJPWD - MN
Cities Stormwater Coalition
7. City Attorney
8. Finance Director
9. City Administrator
CONSENT AGENDA*
1. Resolution 2006-202, directing payment of bills
2. Possible approval of request for placement Fire Prevention Week Signs/Banners
3. Resolution 2006-203, approving the Resolution to Adopt the Washington County All Hazard Mitigation
Plan
PUBLIC HEARINGS
1. Case No. ANN/ZAM/CPA/06-49. This is the date and time for a public hearing to consider a
request from Bruggeman Properties for an annexation, zoning map amendment and
comprehensive plan amendment for the property located at 13210 75th Street and 13129 and 13199
Boutwell Road for a 45 lot single family residential development on 18.3 acres in the AP,
Agricultural Preservation District and any variances related thereto. Notices were mailed to affected
property owners and published in the Stillwater Gazette on September 8,2006.
Case No. ANN/ZAM/CPA/PUD/SUB/06-45. This is the date and time for a public hearing to
consider a request from Tim Freeman; Folz, Freeman, Erickson, Inc. for an annexation, zoning map
amendment, comprehensive plan amendment, preliminary PUD and preliminary plat request for a
15 lot development on 9.5 acres (Brown's Creek Reserve) in the AP, Agricultural Preservation
District and any variances related thereto. Notices were mailed to affected property owners and
published in the Stillwater Gazette on September 8, 2006. (Resolutions)
Case No. ZAT/06-05. This is the date and time for a public hearing to consider a request from City
of Stillwater for a zoning text amendment to the Downtown Height Regulations. Notices were mailed
to affected property owners and published in the Stillwater Gazette on September 8, 2006.
This is the date and time for a public hearing to consider the proposed assessments for the 2006
Street Improvement Project (Resolution)
This is the date and time for a public hearing to consider the proposed assessments for the 2nd &
Nelson storm water project (Resolution)
.
2.
3.
4.
5.
UNFINISHED BUSINESS
NEW BUSINESS
1. Possible approval of resolution calling for hearing for assessment for demolition and cleanup of
garage area (available Tuesday). .
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/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
.'
.
.
.
~i1~~te~
THE BIRTHPLACE OF MINNESOiA ')
TO:
Mayor & City Council
Bill Tumblad, Community Development Director~
FROM:
DATE:
September 15, 2006
MEETING DATE:
September 19, 2006
REGARDING:
Community Survey
Attached are several documents related to the community survey. They are the draft of the
survey, a draft of the cover letter and follow-up letter that will be mailed out with the survey, and
an email exchange with Rick Slachta of ReadEx that will clarify some of the question choices.
Please review the materials. If there are changes or additional questions you would like to add,
please let staff know at the September 19,2006 work session.
Attitudes and Opinions Survey
City of Stillwater
~i1~te~
,,::,.."'''' " """"~
"
Aboutvou
1. What is your association with the city of Stillwater?
o live in Stillwater
o own a business in Stillwater
o both live in and own a business in Stillwater
.
If you do not live in Stillwater, please skip to question # 5
2.
How long have you lived in the city of Stillwater?
o less than 1 year 0 6 - 9 years
o 1 - 2 years 0 10 - 14 years
o 3 - 5 years 0 15 - 19 years
o 20 - 29 years
o 30 years or more
3. How many more years do you plan to live in the city of Stillwater?
o less than 1 year 0 6 - 9 years 0 20 - 29 years
o 1 - 2 years 0 10 - 14 years 0 30 years or more
o 3 - 5 years 0 15 - 19 years
4. Do you own or rent your residence in Stillwater?
Down 0 rent
Qualitv of life
5. How strongly do you agree or disagree with the following statements?
(please circle one rating on each line)
.
neither
strongly agree nor strongly
aQree disaQree disaQree
I feel safe walking alone at night in Stillwater +2 +1 0 -1 -2
Stillwater is a safe place to raise children +2 +1 0 -1 -2
6. In general, how would you rate the quality of water in the lakes and ponds within the city
of Stillwater? (please circle a number)
high quality 5 4 3 2 1 low quality
e
.
7. Overall, how would you rate the performance of the Stillwater city government in meeting
your needs? (please circle a number)
excellent 5 4 3 2 1 poor
8.
What do you like most about the city of Stillwater?
o location 0 St. Croix river
o parks 0 lakes
o open space 0 trails/bike paths
(please 0/ all that apply)
o my neighborhood
o downtown
o other:
(please specify)
9. What is the 2!!!. most serious issue facing the city of Stillwater? (please 0/ only one)
o growth/development 0 traffic conditions 0 other:
o schools 0 conditions of the roads (please specify)
o taxes 0 crime
10. How would you rate the quality of life in ...?
(please circle one rating on each line)
Stillwater
very
hiah
5
2
very
low
1
4
3
City services
11. Which of the following city of Stillwater information sources have you used/accessed in
the last 12 months? (please 0/ all that apply)
o city of Stillwater Web site 0 city council meetings
o city of Stillwater newsletter 0 community meetings
. 12. How important are the following city services to you?
(please circle one rating on each line)
high low
importance importance
parks/recreation 5 4 3 2 1
snow removal 5 4 3 2 1
pOlice and fire department 5 4 3 2 1
.
2
13. How do you rate the oerformance of each of the following city services?
(please circle one rating on each line)
parks/recreation
street repair and maintenance
snow removal
ease of access to city information
police and fire department
public library
excellent
5
5
5
5
5
5
Door
4
4
4
4
4
4
3
3
3
3
3
3
.
2
2
2
2
2
2
1
'1
'1
'1
'1
'1
14. In the last 12 months, about how many times have you used or participated in the
following activities/services? (please 01" one box on each line)
20 times
or more
visited the public library
LoweUPark .
visited other Stillwater park
o
[J
o
used Stillwater trails
wn
spent money at a shop or
restaurant in downtown
visited the city Web site
read the Stillwater newsletter
City Haft
attended public meeting about
city matters
o
o
o
o
o
[J
o
10 - 19
times
o
[J
o
[J
o
o
o
o
o
[J
o
3-9 1 - 2 not
times times used
0 0 0
[J [J 0
0 0 0
0
0
0 0 0
0 0 0
0 0 0
0 0 [J
0 0 0 .
obtained building permits
departm~rit
o
o
o
[J
3
o
o
o
o
e
15. How do you rate the performance of each of the following city services?
(please circle one rating on each line)
don't
excellent Door know
street sweeping 5 4 3 2 1 D
. street lighting 5 4 3 2 1 D
ease of travel by bicycle 5 4 3 2 1 D
parks in the city 5 4 3 2 1 D
open space 5 4 3 2 1 D
recreation center 5 4 3 2 1 D
city Web site 5 4 3 2 1 D
police department 5 4 3 2 1 D
helpfulness of building inspectors 5 4 3 2 1 D
16. In general, how satisfied are you with the job that the city of Stillwater does of informing
its citizens?
(please circle a number)
very satisfied 5 4 3 2 1 not at all satisfied
.
17. What is the one most important issue facing the city of Stillwater?
4
.
Capital improvements
18. How high of a priority are each of the following community projects?
(please circle one rating on each line)
very high
priority
not a no
m:i2d!x opinion
Downtown Riverfront
improvements
.
pedestrian plaza between Main
St. and Lowell Park on
Commercial St. alignment
(:t $375,000)
5
4
3
2
1
o
Lowell Park improvement
between Mulberry St. and Myrtle
St. (:t $1,000,000)
5
4
3
2
1
o
5
.
.
.
.
19. How much do you support or oppose the funding of capital improvement projects for the
city of Stillwater through each of the following means?
(please circle one rating on each line)
strongly neither support strongly
support nor oppose oppose
lodging tax
+2
+1
o
-1
-2
sales tax: off-sale liquor
+2
+1
o
-1
-2
About YOU and your household
20. How many people living in your household (including you), are in each of the following
age groups? (please write in a number on each line, if none, write "0')
over 18 years old
under 18 years old
total household members
21.
Are you currently employed?
Dyes 0 no
o not currently employed ...please ""box and
skip to #24
22.
Approximately how long is your average daily commute to work?
o less than 5 minutes 0 10 -14 minutes 0 25 - 34 minutes 0 45 - 59 minutes
o 5 - 9 minutes 0 15 - 24 minutes 0 35 - 44 minutes 0 60 minutes or more
23. Is your primary place of employment within the city of Stillwater?
Dyes 0 no
24. What is the highest level of education you have attained?
o some high school 0 college graduate
o high school graduate/G.E.D. 0 post-graduate work
o post high school vocational! 0 post-graduate degree(s)
technical training
o some college
6
Thank You!
(Please return your survey in the postage-paid envelope provided.)
This form is coded only to avoid troubling you with reminder mailings once your survey is received.
Your answers will be kept strictly confidential and used only in tabulation with others.
@2006 Readex Research
projecl11891-
Readex Research 2251 Tower Drive West Stillwater, MN 55082 651.439.1554 FAX 651.439.1564
.
.
.
.
.
.
September xx, 2006
Dear < >,
Please join us in planning Stillwater's future!
You have been randomly~selected to participate in the City of Stillwater's Attitudes and
Opinionst Survey. The goal of this survey is to help us get a better understanding how
well we are meeting the needs of community members, like you, and to assist us in
identifying future priorities for the city.
We have retained Readex Research, an independent research firm, to administer the
survey. Since the number of community members being asked to participate is small,
your individual response is vital for meaningful and representative survey results.
I encourage you to please take a moment now to complete and return the survey in the
enclosed postage-paid envelope. Of course, your answers will be kept completely
confidential by Readex Research.
On behalf of the City of Stillwater, thank you in advance for your input and support.
Sincerely,
Name
Title
October xx, 2006
Dear < >,
A few weeks ago, you should have received the City of Stillwater's Attitudes and
Opinions survey in the mail. The goal of this survey is to help us get a better
understanding how well we are meeting the needs of community members, like you, and
to assist us in identifying future priorities for the city.
Many valuable replies to the survey have been received. If you have already responded,
please accept my "Thank you!" for your help and support.
If you have not had the opportunity to complete the survey, there is still time to do so.
For your convenience, another copy of the survey is enclosed along with a postage-paid
reply envelope.
The survey will only take a moment of your time. Your participation will ensure that the
needs and interests of community members, like you, are represented as we plan
Stillwater's future. Please be assured that Readex Research, the independent firm
administering the survey, will keep your response completely confidential.
On behalf of the City of Stillwater, thank you for your input and support.
Sincerely,
Name
Title
.
.
.
.
.
.
Stillwater Questionnaire Draft & Covering Letters
Page 1 of2
Bill Turnblad
From: Rick Slachta [
Sent: Friday, September 15, 2006 11 :55 AM
To: Bill Turnblad
Cc: Jack Semler; Theresa Cabak
Subject: Stillwater Questionnaire Draft & Covering Letters
Attachments: StillwaterQdraft3.doc; Stillwater Cover Letter.doc; Stillwater Followup Letter.doc
Bill - Attached is the initial draft of the Attitudes and Opinions Survey for the City of Stillwater as well as the
covering letters that will be sent in the mailing series. Feel free to tweak the covering letters accordingly or
approve as is.
Here are some points to note regarding the Survey.
It appears that we will need only one version of the survey. If there are questions that you feel are not appropriate
for business owners, please let me know.
As you will see, there are a 6 pages of questions, which means that we have room for 2 more pages of questions.
Question 5 - I recommend incorporating some additional statements as this is a great way to capture some
opinions of respondents. Lets discuss.
Q's 8 & 9 11 - These are all questions that I thought might be of interest to you that have been incorporate in
similar studies. We can add or delete them accordingly. If we decide to keep them, it is likely that you will want
provide additional options to the question stubs.
Q's 12 & 13 - These two questions can be used to identify any gaps. For example, if on average, respondents
indicated a 5 for importance of parks/recreation in question 12 and a 1 for performance of parks/recreation in
question 13, then we can identify that their needs to be improved performance with regards to parks/recreation.
Q14 - How important is the number of times that a respondent used/participated in each of the following
activities/services listed? If it is not of much importance, I would recommend setting this question up as such -
14. In the last 12 months, which of the following activities/services have you used? (please or all that
apply)
o visited the public library
o visited other Stillwater park
o visited Stillwater Recreation Center
o used Stillwater trails
o visited downtown
o obtained building permits
o etc
Lets discuss.
o etc.
Q15 - I would recommend cutting the list of services down to less than 10 (there are currently 17). This will
decrease the level of non-response. Also, the thought behind this question was to get to some of the detail of the
larger categories mentioned in 12 and 13. This will allow you to go a step further on the gap analysis.
Let me know when you have some time to discuss as it may be easier to do over the phone.
Thanks,
<<StillwaterQdraft3. doc>>
<<Stillwater Cover Letter.doc>>
9/15/2006
Stillwater Questionnaire Draft & Covering Letters
Page 2 of2
<<Stillwater Followup Letter.doc>>
Rick Slachta
Project Director
Readex Research
2251 Tower Drive West
Stillwater, MN 55082
v 651.439.8067
f651.439.1564
"'{ww .reade~research.com
9/15/2006
.
.
.
Page 1 of2
t
Bill Turnblad
.
From: Rick Slachta [
Sent: Friday, September 15,20067:37 AM
To: Bill Turnblad
Subject: RE: stillwater community survey
Bill - I would be more inclined to include questions that could be answered by the majority of the residents of
Stillwater. As mentioned, we are looking at a targeted audience (most likely less than 10%) that will be able to
accurately answer the questions listed below. Because of this, the margin of error on the data will be significant,
resulting in the statistics to be meaningless.
Let me know if that makes sense to you.
I'm assuming that the council will have additional questions which will help to maximize our space. We can
incorporate these changes on the 2nd draft.
Thanks,
Rick
From: Bill Turnblad [mailto:bturnblad@ci.stillwater.mn.us]
Sent: Thursday, September 14, 2006 12:47 PM
To: Rick Slachta
Subject: stillwater community survey
.
Rick,
Our police and fIre departments would still like to see the following questions if there is room:
Fire Department
i. How satisfied are you with the way the city provides fire protection and first responder emergency medical
services?
ii. Did fire first responders arrive at our emergency before the ambulance?
iii. How long after the call did the first responders arrive?
iv. How satisfied were you with the time it took for help to arrive?
v. Overall, how would you rate the care you received from the fire department staff?
vi. How satisfied were you with the professionalism shown by the fire department staff and
responders?
Police Department
i. How satisfied are you with the way the city provides police protection?
ii. How would you rate the care you received from the police department staff?
Hi. How satisfied were you with the professionalism shown by the police department staff?
Also if there is room. Could we ask about city employee and web site satisfaction? Perhaps something like:
Rate the following for the City Employee you most recently had contact: respectfulness; courteousness;
knowledge; willingness to understand or help; timely response; ease of getting in touch with employee.
. Rate the following for the City's web site: usefulness of information; design and graphics; ease of use
9/15/2006
,
.
.
.
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-18
September 5, 2006
REGULAR MEETING
4:30 P.M.
Mayor Kimble called the meeting to order at 4:30 p.m.
Present: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Interim Public Works Director Sanders
Finance Director Harrison
Fire Chief Glaser
City Clerk Ward
OTHER BUSINESS
Library Proiect Update
Library Board of Trustees President Bill Hickey said the construction project is wrapping
up and in the final stages. A preview gala is scheduled for Sept. 9, he said, with opening
of the library set for Sept. 18. Council member Junker asked about the final grade of the
front and plans for a rain garden. Mr. Hickey explained that there are a number of
donors who stipulated in the terms of their gifts that the 4th Street lawn remain a broad
space of lawn and there also was a concern about the maintenance of a true rain
garden. The intent of the rain garden, he said, was to retain storm water. A French
drain, a large gravel pocket, has been installed under the topsoil to pull in surface water
and minimize runoff, he said. The Council asked Mr. Hickey to return in four weeks for a
final project wrap-up.
Discussion on Liquor License fees
City Clerk Ward noted that last year, the Council approved a 5 percent liquor license fee
increase. At that time, the Council suggested the possibility of a variable rate schedule
in the future. Ms. Ward said a variable schedule can be developed, but none of the
surrounding communities use a tiered system. She noted that State fees are based on
sales and that information would have to be obtained for a tiered system to be
implemented. Ms. Ward asked for direction on how to proceed.
Council member Milbrandt said he thought a fee structure based on sales would be
more equitable. Council member Harycki said he would be interested in talking with the
State to see if the sales information could be made available. Ms. Ward said she could
talk with the Department of Revenue but suggested that if that is the direction the
.
City Council Meeting - 06-18
September 5, 2006
Council wishes to pursue, a public hearing date be set in order to meet the timeline for
renewal notices. There was discussion about whether the information needed to _
establish a tiered system would be available prior to the public hearing. Councilmembe'"
Milbrandt suggested leaving the rate structure as is for 2007 but having the necessary
researchlinformation in place for consideration in setting rates next year. City Attorney
Magnuson pointed out that the City has a right to require establishments to provide the
necessary financial information, if the Council wishes to implement a tiered system.
Councilmember Harycki agreed that the Council shouldn't rush to implement the system
in two weeks but should research options for consideration in next year's discussion of
the rate structure. Council member Milbrandt suggested that the research not be limited
to Washington County communities but include communities with a similar
entertainment base.
Motion by Councilmember Polehna, seconded by Council member Harycki to keep the liquor
license fees at current levels for 2007 and directed staff to research the tiered structure and
available for discussion in August 2007 or earlier. All in favor.
STAFF REPORTS
Community Development Director Turnblad reported that it is hoped the draft of the
community survey will be available by Sept. 19. He asked if the Council wished to
review the results at a regular meeting or in a workshop setting. It was the consensus to
have a workshop meeting to review the survey. Mr. Turnblad also reported the
Washington County Highway Department is putting together a non-staff design .
committee for the Manning Avenue project. The communities of Grant, Stillwater and
Stillwater Township each would have two or three representatives on the committee and
the County is asking for direction on how those appointments should be filled.
Council member Harycki suggested having a representative from the Liberty and
Legends homeowner associations appointed. Mayor Kimble also noted that Ryland
Homes likely has a homeowners association and suggested having the three major
homeowner associations submitted their suggested representatives to serve on the
committee. Council member Polehna noted that there are two neighborhoods directed
affected by the project - Harvest Green and Eben Court - and said he wanted to make
sure those neighborhoods are represented. Councilmember Milbrandt suggested
soliciting two representatives from the homeowners associations and one citizen-at-
large, as the City as a whole is affected by the project. It was the consensus to solicit
representatives as suggested by Councilmember Milbrandt, two from the homeowner
associations and one citizen-at-Iarge.
City Engineer Sanders reported that St. Croix Preparatory Academy is leasing some
buildings in the downtown area. The lot behind the former Associated Eye Care building
has been paved for access and playground area, he said, but the Academy is going to
use the City lot at Second and Mulberry as a through-way. It was noted that the City
would not be losing any parking as a result of the use. Councilmember Harycki asked if
the Parking Commission had looked at the plan; it was to have staff monitor the
situation to see if any problems arise. e
Page 2 of9
,
City Council Meeting - 06-18
September 5, 2006
The meeting was recessed at 5 p.m.
.
RECESSED MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7 p.m.
Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Interim Public Works Director Sanders
Finance Director Harrison
Fire Chief Glaser
City Clerk Ward
APPROVAL OF MINUTES
Motion by Councilmember Junker, seconded by Council member Polehna to approve the
August 15, 2006 special and regular meeting minutes. All in favor.
OPEN FORUM
. There were no public comments.
CONSENT AGENDA*
Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the
Consent Agenda.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
.
Resolution 2006-188, directing payment of bills
Resolution 2006-189, approval of agreement between the City of Stillwater and Wolf
Marine allowing for the pumping of wastes into the City of Stillwater sanitary sewer
system
Resolution 2006-190, approval of service agreement between the City of Stillwater and
St. Croix Specialties, Inc.
Possible approval of Special Event - Ascension Church - October 8, 2006
Possible approval of Special Event - William Sauntry Bed & Breakfast
Possible approval of temporary liquor license - Washington County Historical Society
Possible approval to purchase computers for MIS (1), Police (3), Fire (1), Public Works
(1) and Recreation Center (1)
Resolution 2006-191, approval of third amendment to Subordination Agreement
relating to the Minnesota Zephyr
Page 3 of 9
,
City Council Meeting - 06-18
September 5, 2006
Possible approval of banner installation - St. Michael's Church - Merry Mall -
November 11, 2006 .
Resolution 2006-192, approving of Central St. Croix Valley Joint Cable Communicatio
Commission & valley Access Channels budges for fiscal year 2007
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Possible second readinQ of Ordinance No. 976. an ordinance amendinq the Stillwater City
Code Section 31-1. Subdivision 5 entitled Establishment of Districts and Ordinance No. 977.
an ordinance amendinq the Stillwater City Code Section 31-1. Subdivision 5 entitled
Establishment of Districts and Ordinance No. 978. an ordinance amendinq the Stillwater City
Code Section 31-1. Subdivision 5 entitled Establishment of District.
Community Development Director Turnblad explained that the amendments are related
to the rezonings for the Millbrook plat. Each of the three separate zoning ordinances is
for a separate zoning district. At the first reading, no comments were received.
Motion by Council member Milbrandt, seconded by Council member Harycki to adopt
Ordinance No. 976, an ordinance amending the Stillwater City Code Section 31-1,
Subdivision 5 entitled Establishment of Districts and Ordinance No. 977, an ordinance
amending the Stillwater City Code Section 31-1, Subdivision 5 entitled Establishment of
Districts and Ordinance No. 978, an ordinance amending the Stillwater City Code Section 31-
1, Subdivision 5 entitled Establishment of District.
.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
NEW BUSINESS
Possible approval of resolution declaring costs and orderinq preparation of assessment roll for
2006 Sidewalk Improvement Proiect and approval of resolution callinq for an assessment
hearinQ for 2006 Sidewalk Proiect
Interim Public Works Director Sanders explained the sidewalk project was set to begin
the week of the Council meeting. To proceed with the public improvement process, the
City must declare the cost and order the hearing. The hearing would take place Oct. 3,
he said.
Motion by Councilmember Junker, seconded by Council member Milbrandt to adopt
Resolution 2006-193, resolution declaring cost to be assessed and ordering preparation of
proposed assessment for 2006 Sidewalk Rehabilitation Project (Project No. 2006-05).
.
Page 4 of 9
,
City Council Meeting - 06-18
September 5, 2006
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
. Nays: None
Motion by Council member Polehna, seconded by Council member Harycki to adopt
Resolution 2006-194, a resolution calling for hearing on proposed assessment for 2006
Sidewalk Rehabilitation Project (Project 2006-05).
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible approval of a Special use Permit for an accessory fuel station at the Stillwater
Marketplace Cub Foods Store
Community Development Director Turnblad explained that the Planning Commission
had reviewed this request on several occasions. In response to the Commission's
concerns about aesthetics and traffic issues, a number of revisions were made to the
plans. Subsequent to reviewing the revisions, the Planning Commission found the use
to be of the same general character as permitted uses in the Business Park area and
also recommended approval of the special use permit for the accessory fuel station.
Staff also recommends approval, he said.
.
Councilmember Milbrandt asked about landscaping/plantings shown on the plans. A
CUB representative explained the plantings and new landscaping island to separate the
operations of the fuel center. Councilmember Milbrandt also asked about snow storage;
the CUB spokesperson explained alternative storage has been provided. In response to
a question by Councilmember Harycki, CUB's traffic consultant explained the traffic
patterns and improvements to traffic flow. Council member Harycki raised a concern
about pedestrian traffic in the area of Curve Crest and Market Drive. Councilmember
Junker noted that CUB had worked hard at addressing the concerns of the Planning
Commission.
Motion by Council member Polehna, seconded by Council member Milbrandt to approve the
special use permit. All in favor.
Bruqqeman Properties discussion of a sketch plan and annexation timinq for property located
between Boutwell Avenue and County Road 12 at Newberry Court
.
Community Development Director explained that the request from Bruggeman
Properties was for the Council to review the concept development plans and also to
discuss the timing of annexation. Mr. Turnblad explained the site is about 18.5 acres
and is located between Boutwell and County Road 12. He noted the sketch plan
provides for a good street layout with a four-legged intersection with Boutwell and
Newberry Court; internally streets would provide for future connections with properties
to the west. He said the street layout is consisted with the revised South Boutwell Area
Plan, which states there shall be no direct connection between Neal Avenue and
Northland. The timing of Phase 4 annexation properties, he noted, has been debated
Page 5 of 9
,
City Council Meeting - 06-18
September 5, 2006
both by the Council and Planning Commission. In those discussions, he said two
primary issues have been identified - the need for a comprehensive vision for .
development of all those properties not yet annexed and the need for transportation
infrastructure to be in place before development. In terms of a comprehensive vision, he
noted there is a vision for land use in the South Boutwell Area Plan. Regarding
transportation infrastructure, he said staff believes this proposal is consistent with the
transportation requirements outlined in the South Boutwell Plan as it provides for a Neal
Avenue extension alignment, a future touchdown point and roadway design to MSA
standards.
Council member Junker said his major concern is that the concept plan provides for just
one way in and one way out of a development of 40+ homes and said he thought the
Neal Avenue connection has to be more solidified to provide an actual plan, not just a
hope, for carrying traffic from County Road 12 to Boutwell. Councilmember Milbrandt
agreed, suggesting this concept plan essentially creates a 45-home cul-de-sac and is
creating another Deer Path situation. Councilmember Milbrandt also expressed a
concern about the lack of vision for the potential number of small developments in the
area. Council member Harycki suggested that this proposal fits in with the upcoming
Comprehensive Plan update/revision. Councilmember Junker said the key issue is the
third recommendation in the South Boutwell Study - that a plan be developed for the
Neal Avenue extension.
Mayor Kimble pointed out that the first priorities identified in the Boutwell Study were the
installation of a stop light at County Road 12 and improvements to Boutwell, both of .
which have been completed. Mayor Kimble also suggested that the only reason a Neal
Avenue extension hasn't been made is due to inaction by the Council/City and said
additional study isn't the answer. Council member Junker and Councilmember Polehna
agreed that additional study isn't needed; the issue is getting Neal Avenue completed.
Mayor Kimble suggested that staff be directed to develop a plan for the Neal Avenue
extension. Councilmember Harycki asked what would be necessary to move the Neal
Avenue connection forward. Engineer Sanders responded that the City would have to
acquire property outside of the Bruggeman property; about five or six individual property
owners are involved, he noted. Councilmember Harycki, seconded by Councilmember
Milbrandt, moved to table consideration of the sketch plan and direct staff to prepare a
Neal Avenue extension plan. Mr. Turnblad asked for direction on what alignment to
pursue; it was consensus that both potential alignments be looked at. Councilmember
Milbrandt spoke in favor of a more direct route, rather than a meandering alignment.
There was discussion regarding tabling the sketch plan and whether the 60-day rule
would apply; City Attorney Magnuson said the 60-day rule would not be involved.
Motion by Council member Polehna, seconded by Councilmember Junker to table
consideration of the sketch plan and prepare a Neal Avenue extension plan. All in favor.
Possible adoption of resolution call for hearinq for modification of Development District No.1
and Tax Increment District No. 10.
.
Page 6 of 9
I
.
.
.
City Council Meeting - 06-18
September 5, 2006
City Administrator Hansen explained the modifications are relatively minor and are
related to the plans to construct a parking structure on Third Street.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt
Resolution 2006-195, a resolution calling for a public hearing by the city council on the
proposed adoption of a modification to the Development Program for Development District No.
1 and the Proposed Enlargement of Tax Increment Financing District No. 10 therein and the
adoption of a modification of the Tax Increment Financing Plan thereof.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible appointment to Planninq Commission (Resolution)
Mayor Kimble thanked Mr. Teske for his service on the Commission. He noted that
three applications had been received to fill Mr. Teske's unexpired term. Councilmember
Milbrandt referred to the qualifications offered by Daniel Kalmon. It also was noted that
Mr. Kalmon is a resident of Ward 2, as is Mr. Teske. It was noted that all three
applicants offered good qualifications.
Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt
Resolution 2006-196, appointing Daniel Kalmon to the Planning Commission and directed
staff to send a letter thanking the applicants and encourage them to apply in the future.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible approval of resolution lifting no parkinq restrictions on Cottage Drive.
Interim Public Works Director Sanders explained that the City had received a request
from the Orleans Terrace Homeowners Association to review the no-parking restrictions
on Cottage Drive. Currently, there is no parking on the east side of Cottage Drive, he
said. The Homeowners Association's request suggested there is a safety issue as a
result of people parking on the west side of the roadway. Mr. Sanders said he had
visited the area and the Council has three options - parking restrictions as is, switch the
parking restrictions to the other side of the road, or remove the restrictions altogether.
Mr. Sanders noted the roadway is 36 feet wide and there is ample room for parking on
both sides of the road.
Motion by Councilmember Polehna, seconded by Council member Harycki to adopt
Resolution 2006-197, rescinding Resolution 92-9, Establishment of "No Parking" Zone on
Cottage Drive.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Page 7 of 9
"
"
City Council Meeting - 06-18
September 5, 2006
Possible adoption of resolutions: adoptinq the proposed tax levy for the payable year 2007.
adoptinQ the proposed budQet for the year 2007, and settinQ payable 2007 Truth-N-Taxation .
Pubic HearinQ
Motion Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution
2006-198, adopting the proposed Tax Levy for the Payable Year 2007, indicating the proposed
tax levy of $9,569,502 for payable year 2007.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Councilmember Junker, seconded by Councilmember Polehna to adopt Resolution
2006-199, adopting the Proposed Budget for the Year 2007, indicating the proposed budget of
$14,813,744 for year 2007.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Motion by Council member Junker, seconded by Councilmember Polehna to adopt Resolution
2006-200, Setting Payable 2007 Truth-n-Taxation Public Hearing to be held on Dec. 5,2006.
Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
Possible acceptinq bids and awardinq contract for Munkelwitz Park proiect (Proiect 2005-08) .
Interim Public Works Director Sanders said eight bids were received for the first phase
of the Munkelwitz property improvements. Low bidder was Miller Excavating at
$138,711; engineer's estimate was $180,000. It was noted the first phase work includes
park grading, trail work, parking lot, and concrete sidewalk around the play structures.
The work will be done this fall.
Motion by Council member Harycki, seconded by Council member Milbrandt to adopt
Resolution 2006-201, accepting bid and awarding contract for Munkelwitz Park Project.
Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
ADJOURNMENT
Motion by Council member Polehna, seconded by Councilmembers Junker to adjourn at 8:17
p.m. All in favor.
Jay L. Kimble, Mayor
.
Page 8 of 9
r
City Council Meeting - 06-18
September 5, 2006
ATTEST:
.
Diane F. Ward, City Clerk
.
Resolution 2006-188, directing payment of bills
Resolution 2006-189, approval of agreement between the City of Stillwater and Wolf
Marine allowing for the pumping of wastes into the City of Stillwater sanitary sewer
system
Resolution 2006-190, approval of service agreement between the City of Stillwater and
St. Croix Specialties, Inc.
Resolution 2006-191, approval of third amendment to Subordination Agreement
relating to the Minnesota Zephyr
Resolution 2006-192, approving of Central St. Croix Valley Joint Cable Communication
Commission & valley Access Channels budges for fiscal year 2007
Resolution 2006-193, resolution declaring cost to be assessed and ordering
preparation of proposed assessment for 2006 Sidewalk Rehabilitation Project (Project
No. 2006-05)
Resolution 2006-194, a resolution calling for hearing on proposed assessment for 2006
Sidewalk Rehabilitation Project (Project 2006-05)
Resolution 2006-195, a resolution calling for a public hearing by the city council on the
proposed adoption of a modification to the Development Program for Development
District NO.1 and the Proposed Enlargement of Tax Increment Financing District No. 10
therein and the adoption of a modification of the Tax Increment Financing Plan thereof
Resolution 2006-196, appointing Daniel Kalmon to the Planning Commission and
directed staff to send a letter thanking the applicants and encourage them to apply in
the future.
Resolution 2006-197, rescinding Resolution 92-9, Establishment of "No Parking" Zone
on Cottage Drive Resolution
Resolution 2006-198, adopting the proposed Tax Levy for the Payable Year 2007,
indicating the proposed tax levy of $9,569,502 for payable year 2007
Resolution 2006-199, adopting the Proposed Budget for the Year 2007, indicating the
proposed budget of $14,813,744 for year 2007
Resolution 2006-200, Setting Payable 2007 Truth-n-Taxation Public Hearing to be held
on Dec. 5, 2006.
Resolution 2006-201, accepting bid and awarding contract for Munkelwitz Park Project
Ordinance No. 976, an ordinance amending the Stillwater City Code Section 31-1,
Subdivision 5 entitled Establishment of Districts
Ordinance No. 977, an ordinance amending the Stillwater City Code Section 31-1,
Subdivision 5 entitled Establishment of Districts
Ordinance No. 978, an ordinance amending the Stillwater City Code Section 31-1,
Subdivision 5 entitled Establishment of District.
.
Page 9 of 9
.
.
.
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 06-19
September 13, 2006
SPECIAL MEETING
4:30 P.M.
Vice Mayor Junker called the meeting to order at 4:30 p.m.
Present: Councilmembers Harycki, Junker, and Milbrandt
Absent: Councilmember Polehna and Mayor Kimble
Staff present: City Clerk Ward
CANVASS BOARD
City Clerk Ward presented Council with the results of the 2006 Primary Election
for the office of Mayor which are as follows:
KEN HARYCKI
DAVE JUNKER
JOHN RHEINBERGER
1262
891
609
Ms. Ward stated that the top two candidates will be placed on the November 7,
2006 ballot.
Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to
certify the 2006 Primary Election Results as stated.
Ayes:
Nays:
Absent:
Councilmembers Junker, Harycki, and Milbrandt
None
Councilmember Polehna and Mayor Kimble
Motion by Milbrandt, seconded by Councilmember Junker to adjourn at 4:32 p.m.
All in favor.
Dave Junker, Vice Mayor
ATTEST:
Diane F. Ward, City Clerk
City 06
g tiQQwate/l, uU innegota
Ce/ltibicate ob cApp/leCiation
pllegetlted to
PAUL TESKE
WHEREAS, PAUL TESKE, SERVED ON THE PLANNING
COMMISSION FROM JANUARY, 2001 UNTIL JULY, 2006;
AND
WHEREAS, PAUL TESKE, SERVED THE CITY
FAITHFULLY, EFFICIENTLY AND COURTEOUSLY AS A
MEMBER OF THE PLANNING COMMISSION.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY
COUNCIL OF THE CITY OF STILLWATER, MINNESOTA,
THAT FOR HIS DEDICATED SERVICE TO THE CITY OF
STILLWATER, PAUL TESKE, IS HEREBY COMMENDED.
BE IT FURTHER RESOL VED, THAT THE CITY CLERK IS
HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS
CERTIFICATE OF APPRECIATION UPON THE OFFICIAL
RECORD OF PROCEEDINGS OF THE COUNCIL.
ADOPTED BY THE CITY COUNCIL THIS 19TH DAY OF
SEPTEMBER, 2006.
uUaYO/l
;
;
.
.
e
MEMORANDUM
TO:
Mayor and City Council
Shawn Sander~erim Public Works Director
FROM:
DATE:
September 13, 2006
SUBJECT: Minnesota Cities Stormwater Coalition
DISCUSSION
Attached is a letter from the League of Minnesota Cities asking for participation from the
City in sponsoring a fee based Minnesota Cities Stormwater Coalition to support cities in
program implementation of their NPDES permit. The Coalition would obtain the services
of a consultant who would represent cities at the MPCA Steering Committee, coordinate
with MPCA on MS4 permit issues, and track development of new regulations for
construction site permits. The consultant would report back regularly to the cities. Fees
for participation are based on size and for the City of Stillwater the annual fee would be
$690. This fee will not be due until enough participation is established. If the City were to
participate, we will need to sign the attached Letter of Understanding and submit no letter
than October 2, 2006
RECOMMENDATION
It is recommended that the City participate in the Minnesota Cities Stormwater Coalition
and sign the Letter of Understanding.
~
,
LMC
League of Minnesota Cities
145 University Avenue West, st. Paul, MN 55103-2044
(651) 281-1200 . (800) 925-1122
Fax: (651) 281-1299 . TDD: (651) 281-1290 .
www.lmnc.org
Le..gu.. of Minnesota Cities
Cities promoting -n-ce
August 30, 2006
Larry Hansen, Administrator
City of Stillwater
216 N 4th St
Stillwater MN 55082-4807
Re: Minnesota Coalition of Stormwater Cities
Dear Larry:
Four years ago the LMC formed the NPDES Guide Plan Steering committee to assist members
in complying with the requirements of the National Pollution Discharge Elimination System
Phase II program. Ultimately, 117 regulated cities joined in this collaborative effort to develop a
model NPDES template, and to speak with one voice to the Minnesota Pollution Control Agency
(MPCA) in adoption of the Phase II permit for MS4 cities. It appears that working together,
Minnesota cities saved hundred of thousands of dollars in consulting fees and achieved a more
workable and consistent outcome with the PCA.
Phase II cities now join Phase I cities (Minneapolis, St. Paul) in moving into the hard work of .
implementation of the NPDES plans, and additional mandatory and discretionary cities have
been identified to come under NPDES regulation. At the same time, all cities face increased
regulation and best management practice requirements under the Total Maximum Daily Load
(TMDL), non-degradation and impaired waters limitations of the federal Clean Water Act.
At the request of many of the cities that participated in the NPDES project, LMC has now agreed
to sponsor a new fee-based Minnesota Cities Stormwater Coalition (MCSC) to support cities and
their stormwater professionals in program illlpl~lll~J1!.tl:tion, and in continuing to have a dear,
unified, and effective voice with the MPCA and other regulatory agencies. A transition
committee of city storm water professionals, working with LMC staff, has developed the attached
proposal for the new MCSC. As you will see, the primary means of accomplishing the goals
will be for LMC to enter a new contract for the professional services of Randy Neprash of
Bonestroo & Associates, the consultant that completed the NPDES Guide Plan project. Randy
won strong endorsement from the affected cities not only for developing the Guide Plan, but for
effectively representing their interests with the MPCA and other agencies.
Under the new contract, Randy will perform such tasks as representing cities at the MPCA
Stormwater Steering Committee, coordinate with MPCA on MS4 permit issues, and track
development of new regulations for construction site permits. As part of his work he will
regularly report back to the affected cities through electronic newsletters and the posting of
information on the LMC Website. A more complete description of the proposed Scope of
Professional Services is attached for your review.
.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
.'
I
LMC
League of Minnesota Cities
145 University Avenue West, St Paul, MN 55103-2044
(651) 281-1200 . (800) 925-1122
Fax: (651) 281-1299 . TOO: (651) 281-1290
www.lmnc,org
.
LeCl(JlUZ of MinnQSow Gnea
Citiw; promoting =en<mce
September, 2006
Letter of Understanding
Re: Minnesota Cities
Stormwater Coalition (MCSC)
The City of st\.llwo..~r hereby agrees to participate in the League of Minnesota
Cities' Minnesota Cities Stormwater Coalition (MCSC) per the terms and conditions outlined
below.
Mission
To protect Minnesota's water resources by ensuring that the policies, permits, procedures, rules,
and legislation adopted by state water resource management agencies and other regulatory
entities are both meaningful and manageable from the perspective of the regulated parties.
General Goals
.
· Promote staff-to-staff discussion with MPCA (e.g., TMDL baseline)
· Be cities' eyes and ears in state agency and stakeholder group discussion
. Exercise policy influence
· Influence development of regulations and implementation plans in the early stages
· Offer a consistent voice
· Help unify positions taken by agencies
· Encourage agencies to provide sample documents (e.g., construction SWPPP)
Action Plan
· Advocate for the interests of the regulated cities with regulatory agencies
· Provide input and professional advice for the LMC policy development process, but will not
take independent legislative positions
· Foster and manage communication and networking on water resource issues among regulated
cities and with state regulatory agencies and other cities
· Provide technical assistance and training for regulated cities
· Participate in state regulatory and water resource forums, such as the Stormwater Steering
Committee, Minnesota Pollution Control Agency stakeholder groups, Total Maximum Daily
Load stakeholder groups, Nonpoint Education for Municipal Officials, Watershed Partners,
Minnesota Public Works Association and City Engineers Association of Minnesota
· Encourage the various state agencies to keep guidance documents for regulated cities current
· Undertake special projects as appropriate
· Cooperate with other entities in developing educational materials that can be used by
. regulated cities
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
'.
~
Letter of Understanding
Page 3
August 29, 2006
.
LMC Limitations on Expenditures
LMC shall not authorize expenditure of funds for the MCSC beyond the amount that has been
paid by participating cities.
Term of A2reement and Renewal
Term of agreement shall be September 1,2006 through August 31, 2007.
LMC will invoice membership fees each August I; the city will determine and notify LMC by
September 1 whether it intends to continue for the following year.
Agreed to on this date
by the City of
Authorized Signature
Date
.
Desi2nation of Primary Contact for the City
Name
5 h~""^, S"a.", ~
Mailing Address Z,lC,;,~. ~u~ ~ "\Yu.:~'
S+,-(\"".J.v, M,J ,")08 L
Phone # '~l-"(Jo- ee~S Fax# ~SI-4-3o-8e,o
E-mail Address
SSQ,.~cl<V'S it ci, S'h'Uw~.W"\^.\I'.$
Please return completed document to:
Rebecca Erickson, League of Minnesota Cities
145 University Ave. W.
St. Paul, MN 55103-2044
.
.'
,
.
.
.
Letter of Understanding
Page 2
August 29, 2006
Elhdble Members
While interest is focused on Phase I, Phase II, mandatory and discretionary cities, all LMC
member cities may participate. Other regulated entities, i.e. interested watershed districts, may
participate for the purposes of receiving information and adding to the discussion, but will not
have formal standing in MCSC.
Le2al Structure
Membership in the MCSC will become effective upon participating cities signing this Letter of
Understanding. It is understood that LMC will hire and supervise staff, retain necessary
consultants, provide fiscal and other general administrative support services. The LMC Board
has formal authority over the effort, but will appoint a nine-member Steering Committee to
provide direction and give recommendations.
Membership of Steerin2 Committee
MCSC will work under direction of a nine member steering committee appointed by the LMC
Board of Directors. Members will serve three-year staggered terms, except to instigate the
staggered terms, initial steering committee members will each serve a one, two, or three year
term as determined by the LMC Board. The first year committee members will be: Lori Haak,
Water Resources Coordinator, Chanhassen (Chair); Jim Hafner, Stormwater Manager, Blaine;
Ross Bintner, Water Resources Engineer, Prior Lake; Bruce Westby, City Engineer, Monticello;
Bill Schluenz, Public Works Superintendent, Waite Park; Jeff Oliver, City Engineer, Golden
Valley; Terry Schultz, Director of Natural Resources, Burnsville; Andy Bradshaw, Civil
Engineer I, Moorhead; and Anne Weber, Civil Engineer, St. Paul.
Resources Provided
· MCSC participating cities will reimburse LMC for direct services and expenses such as
general administrative, Internet, and support staff services provided through LMC.
· MCSC participating cities will also reimburse LMC for the costs and expenses associated
with retaining the technical consultant for representation with regulatory agencies, member
advice, maintenance of guidance document, development of training, and input on
development of public educational materials
Maximum First Year Fee
The fee for the City of shall not exce,ed $ III
the first year of this agreement. Do not enclose payment at this time; your city will be invoiced
when total participation and actual fees are established.
'.
,
Page 2
August 30, 2006
The estimated annual budget for this project is $75,000, most of which will be used to cover the
consultant charges and expenses. A small amount is included to cover clerical and technical
support as well as direct expenses incurred by LMC. A $15,000 reserve is also included to cover
unanticipated costs that may arise. A nine-member steering committee, made up of city
stoimwater professionals, will provide oversight to the delivery of services and to the budget.
.
The budget will be met by fees paid by the participating cities; the allocation is based one-half an
equal sharing among all participants and one half on population. A schedule of maximum fees
for each population group is attached. Based on a reasonable expectation of participation, we
have developed the following estimated annual fee schedule:
Population Range Annual Fee
o - 3,000 $375
3,001 - 6,000 $470
6,001 - 10,000 $565
10,001 - 20,000 $690
20,001 - 30,000 $875
30,001 - 50,000 $1,125
50,001 - 100,000 $1,625
St. Paul $4,500
Minneapolis $5,500
.
If your city would like to participate, please sign the enclosed letter of understanding and return
it to:
Rebecca Erickson, League of Minnesota Cities
145 University Ave. W.
St. Paul, MN 55103-2044
no later than Monday, October 2,2006. Be sure to include the contact information for your
primary representative. Please do not enclose a check at this time; your city will be invoiced
once it is determined that there is sufficient interest for MCSC to be formed.
If you have questions, please contact LMC Director of Member Services Kevin Frazell at 651-
281-1215 or kfrazell@lnmc.org.
Sincerely,
~~
A ()7~
Lori Haak, Chair
MCSC Steering Committee
Water Resources Coordinator, Chanhassen
Kevin Frazell
Director of Member Services
League of Minnesota Cities
.
..'
.......,.. .
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2006-202
. 0,000 Lakes Chapter of ICC
1 st Line/Leewes Ventures LLC
A.W.1. Diversified
Ace Hardware
Action Rental
Advanced Sportswear
Alexis Fire Equipment
Amdahl, Chris
American Planning Association
Ancom Communication, Inc
Appletree Institute
Armor Security, Inc.
Aspen Mills
AT&T
Bayport Police Department
Board of Water Commissioner
Bonestroo, Rosene, Anderlik & Associates
Buberl Black Dirt
Buberl, Larry
Carquest
Cartridge World
Catco
Clark, Luann
.coca Cola
Coordinated Business Systems
Crotty, Jason
Decosse, Chad
Delta Dental
Diversified Inspection
Emergency Automotive Tech
Fred's Tire Company
G&K
Gary L. Fischler
GCR Minneapolis Truck Tire Center
GFOA
Glaser, Stu
Gopher State One Call
Greatland Corporation
Hagen, Mike
Hardwood Creek Lumber
Hillyard
Hugo Feed Mill
Imagineering
Infratech, Inc.
Kirvida Fire
. Kris Engineering
Kwik Trip
2006 Seminar
Concession Supplies
Benches for Lowell Park
Equipment Repair Supplies
Concrete & Trailer
T-Shirts
Equipment Repair Supplies
Re-key Teddy Bear Park
Subscription to Zoning Practices
Radio Repair
October 2006 Retiree Health/Hospital
Monitoring Service
Uniforms
Telephone
Safe & Sober
Hydrant Repair, August Water Meter Report
Professional Services
Black Dirt
August 2006 Animal Transport
Equipment Repair Supplies
Refill Ink
Equipment Repair Supplies
Cleaning at Public Works
Soda for Concessions
Copier Repair
Reimburse for Work Boots
Refund Liquor License
Cobra Dental
Ladder Testing
Vehicle Repair
Tires
Uniform Cleaning, Rugs, Towels, Mops
Candidate Screening
Tires
Membership Dues
Tuition Reimbursement
August Billable Tickets
Office Supplies
Reimburse for Work Boots
Survey Lath & Hubs
Cleaning Supplies
Bearing & Seal Assembly
Off-Site Consulting
Repair Sewer Camera
Fire Engine Repair
Equipment Repair Supplies
Car Washes
525.00
1,091.46
1,500.00
372.63
122.48
444.00
18.49
685.00
65.00
220.30
30,530.46
89.46
1,487.60
142.00
2,649.23
12,315.04
25,093.69
175.73
25.00
330.09
42.60
7.75
875.00
937.75
215.33
43.78
1,286.45
276.30
851.70
281.63
354.61
2,712.32
300.00
443.94
175.00
1,425.00
533.60
175.51
47.45
301.93
267.07
32.31
78.75
807.27
970.89
2,600.20
600.00
EXHIBIT" A" TO RESOLUTION #2006-202
Lake Management
League of MN Cities
League of MN Cities
League of MN Cities
Life Safety Systems
Linner Electric
M J Raleigh Truck
M J Raleigh Truck
Magnuson Law Firm
Medtronic Emergency Response
Menards
Metrocall
Mill Lake Metal Finishing
Mitchel, Ryan
MN Dept of Transportation
Napa
Nardini
Northwestern Tire Co.
Oak Park Heights Police Department
Office Depot
OnSite Sanitation
Our Designs
Pogge, Michel
Quinlan Publishing Group
Red Bud Supply, Inc
Red Horse Truck Body & Hoist
Reed Business Information
Rivertown Newspaper
Roberts Company
Rose Floral
Service on a Shoestring
Signal Pro Equipment
S1. Joseph Equipment
Stillwater Collision & Restoration
Stillwater Gazette
Stillwater Motor Co.
Stillwater Towing
Stork Twin Cities Testing
Streicher's
Stripe a Lot
T - Mobil
TA Schifsky & Sons, Inc
Tapco
Three Rivers Construction
Toll Gas & Welding
Trans Union LLC
Twin City Saw
Lily Lake Treatment
General Insurance
Workers Compensation Insurance
Membership Dues
Equipment Repairs
Repair Motor at Lily Lake Arena
Long Lake Improvements
Application 1 for Boutwell Road Phase III
Professional Services
Lifepak Lithium Battery
General Supplies
Pager Service
Repair Water Nozzle
Reimburse for Tuition
Manuals
Equipment Repair Supplies
Fire Extinguisher Inspections
Tires
Safe & Sober
Office Supplies
Portable Restroom Rental
Fire Department Flags
Reimburse for Hotel for Conference
1 Year Subscription
Safety Equipment
Equipment Repair Supplies
Construction Bulletin Ad
Legal Ads
Uniform Badges
Bedding Plants
Conference Registration
Equipment Repair Supplies
Equipment Repair Supplies
Vehicle Repair Charges
Printing and Publishing
Automotive Maintenance Supplies
Towing
Professional Services
Shot Guns
City Cross Walks
Cell Phone
Asphalt
Tax & Freight on Equipment Repair Supplies
Application 1 for 2nd & Nelson Project
General Supplies
General Supplies
Equipment Repair Supplies
Page 2
"..
..........
2,244.00
48,746.2.
33,113.2
11,424.00
167.50
4,646.60
652.35
314,650.66
12,678.43
501.00
95.83
7.99
330.00
1,140.00
20.00
100.10
73.75
1,329.38
3,241.64
56.54
1,324.06
18.45
528.24
147.0_
173.68
9.15
154.76
285.20
30.35
22.35
150.00
60.41
115.47
90.29
256.75
167.00
227.36
1,236.00
903.67
915.00
51.59
1,170.02
19.23
114,853.72
13.64
12.31.
13.86
-'
EXHIBIT" A" TO RESOLUTION #2006-202
Uniforms Unlimited
.united Building Centers
Vance Brothers Inc.
Ward, Diane
Watson Co.
Wrap - N - Ship
Yocum Oil
ADDENDUM TO BILLS
Brine's Market
Carquest
Cole Papers
Fry, Jackie
Hansen, Larry
HLB Tautges Redpath, L TD
Jansen's Cleaning
Mac Queen
Menards
Metropolitan Council
Minncor
Moore, Richard
Neopost
Office Depot
. Quill Corporations
Qwest
Roto-Rooter
Sheltertech Corporation
Signature Lighting
Software House International
Stillwater Gazette
Streicher's
Xcel Energy
.
Uniforms
Voting Booth Supplies
Equipment Repair Supplies
Reimburse for Supplies for Elections
Concession Supplies
Shipping
Fuel
Dinners for Election Judges
Equipment Repair Supplies
Janitorial Supplies
Refund Park Deposit
Reimburse for Conference Expenses
Professional Services
Boiler Maintenance
Equipment Repair Supplies
Equipment Repair Supplies
October 2006 Wastewater Service
Office Furniture
Professional Services
Labels
Office Supplies
Office Supplies
Telephone
Repair Sewer Backup
Removal of Boiler Room Incinerator
Streetlight Installation
Office Software License
City Engineer/Public Works
Uniforms
Electricity
Page 3
13.50
19.70
2,435.66
51.42
156.10
22.05
9,371.39
479.64
147.53
696.91
100.00
92.79
306.00
226.00
7.50
137.00
95,087.50
937.21
1,900.00
52.50
509.72
516.44
686.49
231 .20
2,390.00
60,094.50
12,950.26
47.40
118.23
16,491.43
EXHIBIT" A" TO RESOLUTION #2006-202
Page 4
TOTAL
Adopted by the City Council this
19th Day of September, 2006
"
,
'.
858,971.70
.
.
.
..
I
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2006-202
.10,000 Lakes Chapter of ICC
1 st Line/Leewes Ventures LLC
A. W .1. Diversified
Ace Hardware
Action Rental
Advanced Sportswear
Alexis Fire Equipment
Amdahl, Chris
American Planning Association
Ancom Communication, Inc
Appletree Institute
Armor Security, Inc.
Aspen Mills
AT&T
Bayport Police Department
Board of Water Commissioner
Bonestroo, Rosene, Anderlik & Associates
Buberl Black Dirt
Buberl, Larry
Carquest
Cartridge World
Catco
.Clark, Luann
Coca Cola
Coordinated Business Systems
Crotty, Jason
Decosse, Chad
Delta Dental
Diversified Inspection
Emergency Automotive Tech
Fred's Tire Company
G&K
Gary L. Fischler
GCR Minneapolis Truck Tire Center
GFOA
Glaser
Gopher State One Call
Greatland Corporation
Hagen, Mike
Hardwood Creek Lumber
Hillyard
Hugo Feed Mill
Imagineering
Infratech, Inc.
. Kirvida Fire
Kris Engineering
Kwik Trip
2006 Seminar
Concession Supplies
Benches for Lowell Park
Equipment Repair Supplies
Concrete & Trailer
T-Shirts
Equipment Repair Supplies
Rekey Teddy Bear Park
Subscription to Zoning Practices
Radio Repair
October 2006 Retiree Health/Hospital
Monitoring Service
Uniforms
Telephone
Safe & Sober
Hydrant Repair, August Water Meter Report
Professional Services
Black Dirt
August 2006 Animal Transport
Equipment Repair Supplies
Refill Ink
Equipment Repair Supplies
Cleaning at Public Works
Soda for Concessions
Copier Repair
Reimburse for Work Boots
Refund Liquor License
Cobra Dental
Ladder Testing
Vehicle Repair
Tires
Uniform Cleaning, Rugs, Towels, Mops
Candidate Screening
Tires
Membership Dues
Tuition Reimbursement
August Billable Tickets
Office Supplies
Reimburse for Work Boots
Survey Lath & Hubs
Cleaning Supplies
Bearing & Seal Assembly
Off-Site Consulting
Repair Sewer Camera
Fire Engine Repair
Equipment Repair Supplies
Car Washes
525.00
1,091.46
1,500.00
372.63
122.48
444.00
18.49
685.00
65.00
220.30
30,530.46
89.46
1,487.60
142.00
2,649.23
12,315.04
25,093.69
175.73
25.00
330.09
42.60
7.75
875.00
937.75
215.33
43.78
1,286.45
276.30
851.70
281.63
354.61
2,712.32
300.00
443.94
175.00
1,425.00
533.60
175.51
47.45
301.93
267.07
32.31
78.75
807.27
970.89
2,600.20
600.00
EXHIBIT" A" TO RESOLUTION #2006-202
Lake Management
League of MN Cities
League of MN Cities
League of MN Cities
Life Safety Systems
Linner Electric
M J Raleigh Truck
M J Raleigh Truck
Magnuson Law Firm
Medtronic Emergency Response
Menards
Metrocall
Mill Lake Metal f=inishing
Mitchel, Ryan
MN Dept of Transportation
Napa
Nardini
Northwestern Tire Co.
Oak Park Heights Police Department
Office Depot
OnSite Sanitation
Our Designs
Pogge, Michel
Quinlan Publishing Group
Red Bud Supply, Inc
Red Horse Truck Body & Hoist
Reed Business Information
Rivertown Newspaper
Roberts Company
Rose Floral
Service on a Shoestring
Signal Pro Equipment
S1. Joseph Equipment
Stillwater Collision & Restoration
Stillwater Gazette
Stillwater Motor Co.
Stillwater Towing
Stork Twin Cities Testing
Streicher's
Stripe a Lot
T - Mobil
TA Schifsky & Sons, Inc
Tapco
Three Rivers Construction
Toll Gas & Welding
Trans Union LLC
Twin City Saw
Lily Lake Treatment
General Insurance
Workers Compensation Insurance
Membership Dues
Equipment Repairs
Repair Motor at Lily Lake
Long Lake Improvements
Application 1 for Boutwell Road Phase III
Professional Services
Lifepak Lithium Battery
General Supplies
Pager Service
Repair Water Nozzle
Reimburse for Tuition
Manuals
Equipment Repair Supplies
Fire Extinguisher Inspections
Tires
Safe & Sober
Office Supplies
Portable Restroom Rental
Fire Department Flags
Reimburse for Hotel for Conference
1 Year Subscription
Safety Equipment
Equipment Repair Supplies
Construction Bulletin Ad
Legal Ads
Uniform Badges
Bedding Plants
Conference Registration
Equipment Repair Supplies
Equipment Repair Supplies
Vehicle Repair Charges
Printing and Publishing
Automotive Maintenance Supplies
Towing
Professional Services
Shot Guns
City Cross Walks
Cell Phone
Asphalt
Tax & Freight on Equipment Repair Supplies
Application 1 for 2nd & Nelson Project
General Supplies
General Supplies
Equipment Repair Supplies
Page 2
'"
,
2,244.00
48,746.2A
33,113.25'"
11,424.00
167.50
4,646.60
652.35
314,650.66
12,678.43
501.00
95.83
7.99
330.00
1,140.00
20.00
93.60
73.75
1,329.38
3,241.64
56.54
1,324.06
18.45
528.24
147.0.
173.68
9.15
154.76
285.20
30.35
22.35
150.00
60.41
115.47
94.33
256.75
167.00
227.36
1,236.00
903.67
915.00
51.59
1,170.02
19.23
114,853.72
13.64
12.31.
13.86
"
,
EXHIBIT" A" TO RESOLUTION #2006-202
Uniforms Unlimited
.nited Building Centers
Vance Brothers Inc.
Ward, Diane
Watson Co.
Wrap - N - Ship
Yocum Oil
.
.
Uniforms
Voting Booth Supplies
Equipment Repair Supplies
Reimburse for Supplies for Elections
Concession Supplies
Shipping
Fuel
Page 3
13.50
19.70
2,435.66
51.42
156.10
22.05
9,371.39
.
.
.
"
Stillwater Fire Department
Memo
To: Mayor Kimble and Council
From: Rob Zoller, Fire and Life Safety Educator
cc: Stuart W. Glaser, Fire Chief
Date: 9/15/2006
Re: Fire Prevention Week Signs/Banners
The week of October 8 - 14, 2006 has been proclaimed National Fire Prevention Week. The Stillwater
Fire Department will be promoting fire and life safety the month of October along with this years
National Fire Protection Association theme "Watch What You Heat". Some of these activities will be
visiting area schools with fire educational lessons and sending fire safety messages home with the
students for their parents to review with their child, delivering fire safety messages to area business,
distributing fire safety messages to city employees, the continuation of our door to door smoke alarm
campaign, station tours and an "Open House" of the fire station on Saturday October 14th.
The fire department is requesting permission from the City Council to display signs and banners with
tire safety messages at several locations throughout the city. All signs will be placed on city property
between the dates of September 21 through October 31.
The following is a list of locations where these sign/ banners will be placed.
Banner to hang on the outside of the fire station, 216 North Fourth Street
Sign at Lily Lake recreational area, South Greeley Street
Sign at water department well house property, 1320 South 4th Street
Sign at water department well house property, 1304 West Olive Street
Sign at water department well house property, 1013 North Owens Street
Sign at water department well house property, 1800 West Orleans Street
Sign at water department well house property, Rutherford Road & England Place
Sign at water department well house property, Tower Drive & Northwestern Avenue
Water Department property park, West Myrtle Street & Greeley Street
City Lift Station, West Myrtle Street near the Jaycee Sports Complex
Heritage Park, Heritage Court & Liberty Parkway
Legends Park, Barons Way & Delano Way
Sunrise Park, Stillwater Boulevard & Cottage Drive
City Public Works Facility, 3325 Boutwell Road
Thank you for your time in reviewing this request. If you have need for further information please
contact the department administrative aid, Linda Thompson, at 351-4963.
Recommendation:
Council approval to display signs at above locations in recognition of Fire Prevention Week.
.".
A RESOLUTION TO ADOPT THE
WASHINGTON COUNTY ALL HAZARD MITIGATION PLAN
WHEREAS, the City of Stillwater has participated in a hazard mitigation planning process as
established under the Disaster Mitigation Act of2000; and
.
WHEREAS, the Act establishes a framework for the development of a county hazard mitigation Plan;
and
WHEREAS, the Act as part ofthe planning process requires public involvement and local coordination
among neighboring local units of government and businesses; and
WHEREAS, the Washington County Plan includes a risk assessment including past hazards, hazards
that threaten the county, maps of hazards, an estimate of structures at risk, estimate of potential dollar
losses for each hazard, a general description of land uses and development trends; and
WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives
and an action plan identifying specific mitigation projects and costs; and
WHEREAS, the Washington County Plan includes a maintenance or implementation process including
plan updates, integration of plan into other planning documents and how Washington County will
maintain public participation and coordination; and
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and
Emergency Management and the Federal Emergency Management Agency for review and comment;
and
.
WHEREAS, FEMA has approved of the draft Plan pending final adoption by the county; and All
Hazard Mitigation Plan will make the county eligible to receive
Hazard Mitigation Grant Program (HMGP) project grants; and
WHEREAS, the Washington County All-Hazard Mitigation Plan will make the county eligible to
receive Hazard Mitigation Grant Program (HMGP) project grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities and townships that participated in the planning
process may choose to also adopt the county Plan.
NOW THEREFORE BE IT RESOLVED, that the City of Stillwater supports the Washington County
hazard mitigation planning effort, wishes to adopt the All-Hazard Mitigation Plan for Washington
County as presented.
Adopted this 19th day of September, 2006
CITY OF STILLWATER
Attest:
Jay L. Kimble, Mayor
Diane F. Ward, Clerk
.
.
.
.
~i!wate~
THE BIRTHPLACE OF MiNNESOfA ')
TO:
Mayor & City Council
Bill Tumblad, Community Development Director ~ T
FROM:
DATE:
Septennber13,2006
APPLICANT:
Bruggeman Properties
LAND OWNER:
Bruggeman Construction Company
RE:
Annexation, Rezoning, Comp Plan Amendment
LOCATION:
Boutwell Road
Bruggeman Properties has requested the City remove their application from the Council
agenda. Unfortunately, the public hearing notice had already been sent to the paper
and neighbors. Therefore, staff recommends that the Council open the hearing and
then close it.
At some future date, Bruggeman will request that the hearing be rescheduled.
.
.
.
, ,
~i1~ate~
THE BIRTHPLACE Of MINNESOTA ')
TO:
Mayor & City Council
Bill Tumblad, Community Development Director 17-
FROM:
DATE:
Septennber 13, 2006
APPLICANT:
Folz, Freeman, Erickson, Inc.
LAND OWNER:
C3 Land Development, LLC
RE:
Browns Creek Preserve preliminary plat, etc.
LOCATION:
NW Quadrant of Neal Avenue and McKusick Road
BACKGROUND
Timothy Freeman of Folz, Freemen, Erickson, Inc. has submitted an application on
behalf of C3 Land Development, LLC (Rick Carlson) for approval of:
. An annexation petition;
· A rezoning to TRjPUD, Traditional Residential Planned Unit
Development;
· A Comprehensive Plan Land Use Map change from RR, Semi-Rural Residential
to SFLL, Single Family Large Lot
· A preliminary plat and development agreement for a 15 lot single-family
residential development; and
· Various garage setback variances
The project is referred to as BROWN'S CREEK RESERVE and is located at the northwest
quadrant of the intersection of Neal Avenue North and McKusick Road North. The
project shows 15 large lot single family home sites on the 8.9 acre property (9.5 acres if
McKusick Road right-of-way is included). Lots within the project range in size from
10,251 square feet to 19,760 square feet.
Brown's Creek Reserve
Septernberl3,2006
Page 2 of2
COMMENTS
.
As detailed in the attached planning report, the current proposal is consistent with the
City's development and land use ordinances. Therefore, if the City Council decides to
approve the project it could be done with a single motion and action that:
1. Approves the attached Annexation Resolution;
2. Approves the attached Comprehensive Plan Amendment Resolution;
3. Approves the first reading of the attached Rezoning Ordinance;
4. Approves the attached Preliminary Plat Resolution; and
5. Approves the attached Development Agreement Resolution.
RECOMMENDATIONS
City Parks & Recreation Board
The Parks Board recommended approval (August 28, 2006) of the trail and sidewalk
improvements as conditioned in the attached Preliminary Plat resolution. The Board also
recommended that the park dedication obligation be satisfied through a cash dedication rather
than through a land dedication.
City Planning Commission
The Planning Commission unanimously recommended approval (August 14, 2006) of the
preliminary plat, the rezoning, the comprehensive plan amendment and the annexation as
conditioned in the attached Preliminary Plat resolution.
.
Joint Planning Board
On August 29, 2006 the Joint Planning Board approved the annexation and recommended
approval of the Preliminary Plat, rezoning and comprehensive plan amendment with the same
22 conditions as the Planning Commission.
City staff
Staff recommends approval of the current request with the 22 conditions listed in the attached
preliminary plat resolution. (Note: The Planning Commission denied the garage setback
variances except to allow Lots 9 and 10 have garages in front of the house without the requisite
6 foot offset. Therefore, the current request does not include those denied variances.)
attachments: Annexation Resolution
Preliminary Plat Resolution
Development Agreement Resolution
Development Agreement
Comprehensive Plan Amendment Resolution
Rezoning Ordinance
Planning Report
.
.
.
.
.
RESOLUTION NO. 2006-
A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER
PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF
STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996
CASE NO. ANN/06-45
WHEREAS, Rick Carlson of C3 Land Development, LLC has petitioned that
land owned by his corporation in the Town of Stillwater (collectively, "the land")
described in Exhibit A, as depicted on the maps in Exhibit B, be annexed to the 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 IV of the area designated for
orderly annexation; and
WHEREAS, Section 3.05 of the Orderly Annexation Agreement identifies the
Land as Phase IV property; and
WHEREAS, Section 4.05 of the Orderly Annexation Agreement provides that
Phase IV land may be annexed to the City any time after January 1,2015; and
WHEREAS, Section 4.09 of the Orderly Annexation Agreement provides that
Phase IV land may be annexed to the City before January 1, 2015 if the annexation is
petitioned for by 100% of the owners of the property to be annexed, and if the resulting
annexation will not create a level of growth that exceeds one hundred twenty dwelling
units per year and the if the property to be annexed is adjacent to property already located
within the City of Stillwater; and
WHEREAS, the petitioned annexation satisfies all the criteria listed in Section
4.09 of the Orderly Annexation Agreement; and
WHEREAS, the Joint Planning Board approved the annexation petition at a
public hearing conducted by it on August 29, 2006; and
WHEREAS, it 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.
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 of Stillwater, all as provided by Subdivision 1
of Section 414.0325 of the Minnesota Statutes relating to orderly annexations
within a designated area.
2. For the purpose of this annexation proceeding, the City Council of the City of
Stillwater hereby determines that the Land described in Exhibit A is now or about
to become urban and the City is capable of providing the services required by the
area within a reasonable time. It is further determined that the annexation to 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.
BE IT 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 IT FURTHER RESOLVED, that the City 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.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of
September, 2006.
CITY OF STILLWATER
.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, Clerk
.
.
EXHIBIT A
Sect-19 Twp-030 Range-020 PT E1/2-SE1/4-NE1/4 COM AT SE COR OF SO E1/2-SE1/4-NE1/4 THN
N1 OEG24'01'W ALONG E LINE OF SO E1/2-SE1/4-NE1/4 FOR 343.74FT TO PT OF BEG OF LINE TO BE
OESC THN CO NT N1DEG24'01'W ALONG SO E LINE OF E1/2-SE1/4-NE1/4 FOR 309.50FT THN
S890EG37'52'W & PAR WITH N LINE OF SO E1/2 SE1/4-NE1/4 FOR 492.60FT THN S1DEG24'01"E &
PAR WITH SO E LINE OF E112-SE1/4- NE1/4 FOR 309.50FT THN N890EG37'52" E & PAR WITH SO N
LINE OF E112 SE1/4 OF NE1/4 FOR 492.60FT TO PT OF BEG SUBJ TO RIW OF NEAL AVE N
Sect-19 Twp-030 Range-020 PT E1/2-SE1/4-NE1/4 BEG AT SE COR OF SO NE1/4 THN N1DEG24'01'W
ALONG E LINE OF SO NE1/4 FOR 343.74FTTHN S890EG37'52'W PAR WITH N LINE OF SE1/4-NE1/4
FOR 492.60FT THN N1 OEG24'01'W & PAR WITH SO E LINE OF NE1/4 FOR 309.5FT THN
S890EG37'52'W & PAR TO SO N LINE OF SE1/4 NE1/4 FOR 176.14FT TO W LINE OF SO E1/2-SE1/4-
NE1/4 THN S1 OEG17'30"E ALONG SO W LINE OF E1/2-SE1/4-NE1/4 FOR 388.04FT THN
N880EG42'30"E FOR 82.50FT THN S1 OEG17'30"E FOR 265.47FT TO S LINE OF SO NE1/4 THN
N890EG43'53"E ALONG SO S LINE OF NE1/4 FOR 587.50FT TO PT OF BEG EXCEPT: PARCEL
NUMBER 5 OF WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NUMBER 84 SUBJ TO EASE
.
.
~
'0""" "~no """~
Exhibit B
Location Map
Railroad
Property lines
Surface water
City of Stillwater
Township of Stillwater
City of Grant
Sctn .shp
.
RESOLUTION NO. 2006-
.
A RESOLUTION APPROVING
A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT
CHANGING THE FUTURE LAND USE FOR THE PLAT KNOWN AS
BROWNS CREEK RESERVE FROM RR, SEMI-RURLA RESIDENTIAL TO
SFLL, SINGLE-FAMILY LARGE LOT RESIENTIAL
CASE NO. 06-45
WHEREAS, Rick Carlson of C3 Land Development, LLC made application for approval
of a Comprehensive Plan Land Use Map amendment changing the future land use for 8.9 acres of
land to be platted as BROWNS CREEK RESERVE from RR, Semi-Rural Residential to SFLL,
Single Family Large Lot Residential; and
WHEREAS, on August 14, 2006 the Planning Commission held a public hearing and
recommended approval of the Comprehensive Plan amendment; and
WHEREAS, on August 29, 2006 the Joint Planning Board considered and recommended
approval of the Comprehensive Plan amendment; and
.
WHEREAS, all surrounding City's and Townships were mailed copies of the requested
Comprehensive Plan amendment on August 4, 2006 and no comments were received within the
30 day review period established by the Metropolitan Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the Comprehensive Plan Amendment with the following conditions:
1. If the Metropolitan Council requires any significant modifications to the
Comprehensive Plan amendment as proposed, then the Comprehensive Plan
amendment shall be reconsidered by the City.
2. If the Metropolitan Council makes a fmding that the Comprehensive Plan amendment
has a substantial impact on, or contains a substantial departure from, any metropolitan
systems plan, then the Comprehensive Plan amendment shall be reconsidered by the
City.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of
September, 2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
.
Diane F. Ward, Clerk
ORDIANANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
SECTION 31-1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
Section 1. The Zoning Map is amended as indicated on the attached map marked
Exhibit A and the areas indicated thereon are changed from AP, Agricultural Preservation to
TR, Transitional Residential. This proceeding is known as ZAM/06-45.
Section 2. This Ordinance shall be in full force and effect from and after approval
of the Final Plat for the subject property, publication according to law, and upon the subject
property becoming part of the City of Stillwater by operational law.
Section 3.
In all other ways the Stillwater City Code shall remain in full force and
effect.
Adopted by the City Council this 19th Day of September, 2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Diane Ward, City Clerk
.
.
.
.
.
.
~
"",;"""""""",~
Exhibit A
Location Map
RESOLUTION NO. 2006-
.
A RESOLUTION APPROVING
THE PRELIMINARY PLAT FOR A C3 LAND DEVELOPMENT
PROJECT LOCATED ON NEAL AVENUE AT MCKUSICK ROAD
AND KNOWN AS BROWNS CREEK RESERVE
CASE NO. 06-45
WHEREAS, Rick Carlson of C3 Land Development, LLC made application for approval
of a Preliminary Plat an 8.9 acre project known as BROWNS CREEK RESERVE, said project
containing 15 single-family lots; and
WHEREAS, on August 14, 2006 the Planning Commission held a public hearing and
recommended approval of the Preliminary Plat with 22 conditions; and
WHEREAS, on August 28, 2006 the Parks & Recreation Board considered the proposed
open space and trail improvements and recommended approval of plan with the conditions that
park land dedication be in the form of cash in lieu of land; and
WHEREAS, on August 29, 2006 the Joint Planning Board considered and recommended
approval of the Preliminary Plat with the same 22 conditions as the Planning Commission; and
WHEREAS, the Preliminary Plat is consistent with the City's Ordinances.
.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the Preliminary Plat for BROWNS CREEK RESERVE with the
following conditions:
1. The site shall be developed in substantial conformance with the following
plans on file with the Community Development Department, except as may
be modified by the conditions herein:
· Proposed Layout Plan dated 8/14/06 Sheet 2 of 6
· Proposed Grading Plan dated 8/14/06 Sheet 4 of 6
· Proposed Street Plan and Profile dated 6/26/06
· Proposed Utility Plan dated 8/14/06 Sheet 6 of 6
· Proposed Landscape Plan dated 8/14/06 Sheet 3 of 6
· Tree Preservation Plan dated 7/19/06 Sheet 2 of 15
2. The developer shall complete a PUD worksheet and submit it to the
Minnesota Department of Natural Resource's (DNR) area hydrologist. If the
DNR review results in substantial changes to the preliminary plat layout,
then the developer shall resubmit the preliminary plat for review by the
Planning Commission.
3. The rezoning and comprehensive plan amendment necessary for
development of the subject property shall not become effective until the
.
.
applicant receives Final Plat and Final PUD plan approval from the City
Council.
4. If the Metropolitan Council requires any significant modifications to the
Comprehensive Plan amendment as proposed, then the Comprehensive Plan
amendment and Preliminary Plat shall be reconsidered by the City.
5. If the Metropolitan Council makes a finding that the Comprehensive Plan
amendment has a substantial impact on, or contains a substantial departure
from, any metropolitan systems plan, then the Comprehensive Plan
amendment and Preliminary Plat shall be reconsidered by the City.
6. The preliminary engineering plans shall be found satisfactory to the City
Engineer, or revised to his satisfaction prior to final plat application. The
final plat application materials shall contain at least the engineering changes
suggested in the attached memo from Shawn Sanders dated August 7, 2006.
7. The permanent cul-de-sac radius shall be increased to 95 feet and a
temporary turnaround of 120 feet total length shall be provided on the north
end of the property. These revisions shall be included in the final plat
application materials.
8. Any of the seven conditions found on Page 4-5 of the September 13, 2006 staff
report that are adopted by the Brown's Creek Watershed District Board shall
be addressed and incorporated into the plans submitted for the final plat
application.
9. The developer shall have the City Forester review the tree replacement
proposal included within the Tree Preservation Plan submitted by the
developer. The number of replacement trees found necessary by the City
Forester shall be included in the landscaping plan submitted with the final
plat application.
10. If any of the oak trees on the site or within the Neal Avenue right of way are
to be pruned or removed, this work should not be done between April and
October. If it can not be avoided, then the developer must notify the
Community Development Deparbnent to arrange for the City Forester to be
on site to assure that proper oak wilt transmission methods are employed.
11. The sidewalk along Neal Avenue shall be shown as an 8 foot wide
bituminous trail in the final plat application materials. Along Neal Avenue
this trail shall be aligned so as to preserve as many oaks as possible.
12. A permanent 20 foot wide sidewalk and utility easement (for water main) in
a form and with content found satisfactory to the City Attorney and the
Public Works Director shall be submitted for the sidewalk segment between
Lots 5 and 6. Said easement shall be fully executed and submitted to the City
prior to release of the final plat for recording with Washington County.
13. A temporary trail easement in a form and with content found satisfactory to
the City Attorney and the Public Works Director shall be submitted for the
temporary trail segment along the north property line of Lot 15. Said
easement shall be submitted to the City prior to release of the final plat for
recording with Washington County.
14. Prior to release of the final plat for recording with Washington County, an
escrow shall be deposited with the City in an amount found sufficient by the
.
.
Stillwater Public Works Director to remove the temporary trail on the north
side of Lot 15 when the trail system in Millbrook develops and the temporary
trail becomes unnecessary.
15. Prior to release of the final plat for recording with Washington County, an
escrow shall be deposited with the City in an amount found sufficient by the
Stillwater Public Works Director to remove the temporary street access to
Neal Avenue when access to Neal Avenue is available through the property
to the north.
16. Prior to release of the final plat for recording with Washington County, a
$30,000 park dedication fee and $3,375 trail fee shall be submitted to the City.
17. The final plat shall include restricted access to McKusick Road.
18. All electrical and communications utility lines shall be buried. This shall be
specified in the plans submitted for final plat approval.
19. Trout Stream Mitigation fees and Transportation Mitigation fees will be due
and payable prior to release of the final plat for recording with Washington
County, unless the developer requests the City to spread these fees over the
taxes for each of the 15 proposed lots.
20. Final plat application materials shall include a revised landscaping plan that
shows street trees planted 40 feet on center along the lot fronts to the extent
possible.
21. The final plat application materials shall include a revised site layout plan
that shows all garages meeting required front setback standards. However,
Lot 9 and Lot 10 may both have garages in front of the homes.
22. No structures on the property may be demolished without a demolition
permit issued by the City. If any of the remaining structures are older than
50 years, a complete demolition permit application must be submitted to the
City for Heritage Preservation Commission review.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of
September, 2006.
CITY OF STILL WATER
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, Clerk
.
.
.
.
RESOLUTION NO. 2006-
A RESOLUTION APPROVING
THEDEVELOMENTAGREEMENTFORAC3LANDDEVELOPMENT
PROJECT LOCATED ON MCKUSICK ROAD AND NEAL AVENUE
AND KNOWN AS BROWNS CREEK RESERVE
CASE NO. 06-45
WHEREAS, Rick Carlson of C3 Land Development, LLC made application for
approval of a Preliminary Plat for a 8.9 acre project known as BROWNS CREEK
RESERVE, said project containing 15 single-family lots; and
WHEREAS, on September 19, 2006 the City Council of the City of Stillwater
approved the Preliminary Plat for BROWNS CREEK RESERVE; and
WHEREAS, a condition of approval was that the developer shall enter into a
Development Agreement with the City for the project.
.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the attached Development Agreement for the BROWNS
CREEK RESERVE project.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of
September, 2006.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, Clerk
.
2nd DRAFT: 9/14/06
DEVELOPMENT AGREEMENT
RELATING TO
BROWN'S CREEK RESERVE
BY AND BETWEEN
CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
AND
C3 LAND DEVELOPMENT,
A Minnesota Limited Liability Company
This agreement was drafted by:
David T. Magnuson, #66400
Magnuson Law Firm
333 North Main Street, Suite 202
Stillwater, MN 55082
651/439-9464
.
.
.
.
TABLE OF CONTENTS
SECTION 1. RECITALS. ........ ....................................................................................................... 1
1.01 The Property.......... ...................... ... ........ ........... ........ ...... .......... .............................. ..... '" 1
1.02 Public Improvements. .... ................ ........ ......... .... ........ ............. ...... ..... .............. ...... ........ 1
1.03 Public Improvements; Plans, Specifications. .................................................................. 1
1.04 Public Improvements, Warranty. . ................................................................................... 2
SECTION 2. DEVELOPER'S REPRESENTATIONS. ................................................................. 2
2.01 No Disability. ............. ............................. .................... ..... .... .... ...... .................. ............... 2
2.02 Execution No Violation. ...... ....................... ................................... ................ ............ ..... 3
2.03 Litigation. ........ ..................................................... ......................... .................................. 3
2.04 Compliance. ................... ...... ....... ...... ........... ......... .... .............. ............ ........................ .... 3
SECTION 3. PUBLIC IMPROVEMENT SCHEDULE................................................................. 3
3.01 Work Schedule... ....... ...... ........... ....... .................... ....... ......... .... ...... ......... ........... ..... ....... 3
3.02 Final Plat Approval. ...... ....................... ...... ............ ........ ........... ..... .... ............ ................. 3
3.03 Selection and Control of Contractors..............................................................................3
3.04 Dedication of Work.......................... ...... .............. .................................... ...... ................. 3
SECT! ON 4 . SECURITY. .. ... .... ....... ... ............................... ............. ........... ......... ...................... ..... 3
4.01 Consultant Fees and Charges. ......................................................................................... 3
4.02 Payment of Charges and Fees. ................................................................................. ....... 4
4.03 Security for Cost of Public Improvements. ..................................................................... 5
. SECTION 5. DEVELOPER'S RESPONSffiILITY. ...................................................................... 5
5.01 Easements. ................................................. ..................................................................... 5
5.02 Street Lights. ............ .......................... ............................................................................. 5
5.03 Mass Grading. ..... ................ ................. ........................... ......... ......... ............ ......... ......... 5
5.04 Dedication and Maintenance of Storm Water................................................................. 6
5.05 Trail Construction and Dedication of Trail Covenants. .................................................. 6
5.06 Engineering Data.. ............... ........ ............. ...... ................... ............... ....... .......... ..... ......... 6
5.07 As Built Plan. ........ ............. ........... ...... ........... ............ ..... ....... ......... ...... ..... ...... ............... 6
5.08 Erosion Control Measures During Construction............................................................. 6
5.09 Homeowner Association....... .......... ........ ...... ............ ..... ...... .............. ............. ........ ........ 6
5.10 Landscaping. . ....... ............ ........ ............ ..... ........ ............... .................... ....... .................... 7
5.11 Construction Traffic.. .......... ............ ..... ....... ................... ............ ................. ... ..... ............ 7
5.12 City Regulations. ....... ............... ............... ........... ....... ........................... ............. .............. 7
5.13 Maintenance of City or County Facilities. ...................................................................... 7
SECTION 6. INSURANCE.................... .... ........ ............. ...... ........................... .... ...... .................... 8
6.01 Insurance. .... ....................... ................. .......... .................... ..... ......... ......... ............. .......... 8
SECTION 7 . INDEMNIFICATION. .... ............ ............ .................................................................. 8
7.01 Indemnification. ... ......................... ......... ............ .......... .............;........... .......................... 8
7.02 Enforcement by City; Damages. .....................................................................................8
.
(i)
SECTION 8. EVENTS OF DEFAULT. .............00...00.....................00......................................"0000" 9
8.01 Events of Default Defmed.................. ..................... ....... .......... .......... ............. ......00 ........ 9
8.02 Remedies on Default. ............................. ................................................ ............. ..... ....... 9 .
SECTION 9 . ADMINISTRATIVE PROVISIONS. ....0000...............00...00........00....00......................... 9
9.01 Notices. .... ..... .....00.. ..00....00...... '00' ... ....... ... "'00' .... ....... .... ........... .... .....00..................... 00...... 9
SECTION 10. ADDITIONAL PROVISIONS. ............................................................................. 10
10.01 Titles of Sections....................................................................................................... 10
10.02 Counterparts. ...................... ............... .............................. ................... .... .......... ......... 10
10.03 Modification. ..........00.................. ................... .... ................................................... ..... 10
10.04 Law Governing. ..................................................... .......................... ... ............... ....... 10
10.05 Severability. ......... .... .... .... ...... ............... .......... ..... ...... ..... ...... .................................... 10
SECTION 11. TERMINATION OF AGREEMENT. .................................................................. 10
11.01 Termination. ......... ...00....... .............. ........ ......... ...... ......................... .00.... .................... 10
.
.
(ii)
DEVELOPMENT CONTRACT
.
THIS AGREEMENT, made this day of ,2006, between the CITY
OF STILL WATER, a political subdivision of the State of Minnesota, ("City"), and C3 LAND
DEVELOPMENT (the "Developer");
WITNESSETH THAT, the parties hereto recite and agree as follows:
SECTION 1. RECITALS.
1.01 The Property. _ The Developer now owns the property described in the attached Exhibit "A"
comprising 9.50 gross acres located within the Town of Stillwater and proposed for
annexation to the City of Stillwater, Washington County, Minnesota ('.Brown's Creek
Reserve"). The Developer has been granted preliminary plat approval for the subdivision of
the property into 15 lots, rezoning to the TR/PUD Zoning District, all contingent upon the
annexation of the property to the City Stillwater and the execution of this Agreement.
1.02 Public Improvements.
A. The City is willing to allow the Developer to construct and install the Public
Improvements ('.Public Improvements") necessary to serve Brown's Creek Reserve.
A description of the Public Improvements and estimate of costs are attached as
Exhibit "B".
. 1.03 Public Improvements; Plans. Specifications.
A. All public improvements must be installed in accordance with the Plans and the
City's subdivision regulations and specifications for utilities and street construction.
The Developer must submit plans and specifications for utilities and street
construction prepared by a registered professional engineer and must be approved by
the City Engineer. The Developer must obtain any necessary pennits from the
Minnesota Pollution Control Agency, Minnesota Department of Health, the
Watershed District and other agencies before proceeding with construction. The City
will have an inspector or engineer ("Project Representative") inspect the work at the
Developer's expense. The Developer, its contractors and subcontractors, must follow
all instructions received from the City's inspectors.
B. Prior to beginning construction, the Developer or the Developer's engineer must
schedule a preconstruction meeting with all parties concerned, including the City
staff and engineers, to review the program for the construction work. Iron
monuments must be installed in accordance with state law. The Developer's surveyor
must submit a written notice to the Town certifying that the monuments have been
installed.
C.
The City will provide the services of a Project Representative at the site to provide
more continuous observation of the Contractor( s) work. Charges for this service will
.
I
be billed to Developer at the current hourly rate adopted by the City. The Resident
Project Representative's dealings in matters pertaining to the on-site work will in
general, be only with the City and the Developer, and dealings with contractors will .
only be through or with full knowledge of the Developer. Through the observations
of the work in progress and field checks of materials and equipment by the Project
Representative will endeavor to provide further protection for the City against defects
and deficiencies in the work of the Contractor; but the furnishing of this
representation will not make the City responsible for construction means, methods,
techniques, sequences or procedures or for safety precautions or programs or for the
Contractor's failure to perform work in accordance with the Contract Documents.
The Developer must pay the City for inspection services.
D. The City must be provided a minimum of24 hours notice prior to the commencement
of underground pipe laying; and prior to subgrade, gravel base, and bituminous
surface construction. Developer's failure to comply with the terms of this section
will permit the City Engineer to issue a stop work order which may result in rejection
of the work and which will obligate the Developer to take all reasonable steps, as
directed by the Town's Engineer, to insure that the improvements are constructed and
inspected pursuant to the terms of this Agreement; and may further result in the
assessment of a penalty in an amount equal to 1 %, per occurrence, of the amount of
security required in this Agreement.
1.04 Public ImDrovements. Warranty. Developer agrees that the Public Improvements will be
done in a workmanlike manner and that all materials and labor will be in strict conformity to
the specifications and any requirements set forth by the City. All work is subject to the .
inspection and approval of the City Engineer, who is vested with authority to suspend or stop
work on the project if any condition of this contract is breached or any law or administrative
rule is violated.
If any material or labor that is supplied is rejected by the City Engineer as defective or
unsuitable, then the rejected materials must be removed and replaced with approved material,
and the work will be done anew to the satisfaction and approval of the City Engineer at the
sole cost and expense of the Developer. This warranty will extend for one year beyond the
:final acceptance of the Public Improvements by the City.
SECTION 2. DEVELOPER'S REPRESENTATIONS._THE DEVELOPER REPRESENTS
TO THE CITY TIIAT AS OF THE DATE OF THIS AGREEMENT, THE STATEMENTS SET
FORTH IN THIS SECTION ARE TRUE.
2.01 No Disabilitv. The Developer is the fee owner of the property and know of no legal
disability that would prevent them from carrying out this Agreement.
2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not
and will not result in any breach of, or constitute a default under, any indenture, mortgage,
contract, agreement or instrument to which the Developer is a party.
.
2
.
.
.
2.03 Litil!ation. There are no pending or, to the knowledge of the Developer, threatened actions
or proceedings before any court or administrative agency which will materially adversely
affect the financial condition, business or operation of the Developer or the ability of the
Developer to perform his obligations under this Agreement.
2.04 Compliance. The Developer will comply with and promptly perform all of its obligations
under this Agreement and all related documents and instruments; comply with all conditions
of subdivision and Planned Unit Development approval; and comply with any applicable
requirements of the Brown's Creek Watershed District.
SECTION 3. PUBLIC IMPROVEMENT SCHEDULE. The Developer will install Public
Improvements according to a schedule approved by the City Engineer and the standards set forth in
this section.
3.01 Work Schedule. Approval of the work schedule for the Public Improvements by the City
Engineer will be required before construction begins. In the event that Developer fails to
complete any element of the Public Improvements according to the completion schedule, the
City, at its option, will upon ten (10) days written notice from the City Engineer within which
the Developer will have the opportunity to cure, has the right to draw upon any Security
provided pursuant to ~4.03 of this Agreement for the costs associated with completion of the
work referred in this section. Upon satisfactory completion of the work, the City will have
the right but not the obligation to terminate this Agreement. In all events, all work on the
Public Improvements must be substantially complete by September I, 2007.
3.02 Final Plat Approval. Provided that the Developer is not in default of this Agreement, the
City will approve the fmal plat in advance of acceptance of the streets and utilities within the
plat subject to any conditions of final plat approval imposed by the City.
3.03 Selection and Control of Contractors. The City reserves the right to approve the general
contractor for construction of the Public Improvements. The City agrees that their approval
will not be unreasonably be withheld.
3.04 Dedication of Work. Each element of the Public Improvements will become as a matter of
law, dedicated to the public upon acceptance of the completed work by the City and the
Developer will be deemed to have no right, title or interest in or upon any element of the
dedicated Public Improvements.
SECTION 4. SECURITY.
4.01 Consultant Fees and Char!!:es. The Developer will pay to the City, within thirty (30) days
of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at
the request of the Developer, including the costs of engineering, legal and testing services,
oversight and inspection of grading, erosion control, wetland restoration and any other
development related improvement as well as reasonable expenses associated with inspection
and supervision of construction and reinspection by the Project Representative for one (1)
3
year beyond the acceptance of the completed work. Charges will be invoiced at the current
hourly rates for each service as approved by the City.
.
4.02 Payment of Char2:es and Fees. Prior to the City signing the Final Plat, Developer must pay
the following charges and fees:
A. Trunk: Charges:
AUAR Trout Stream Mitigation Charge
Trunk: Sanitary Sewer and Water Main
Charges
Transportation Adequacy Fund
(Based on development of 7.13 net acres)
$8,280 per acre
$13 ,000 per acre
$59,036.40
$92,690.00
$14,000 per acre
$99,820.00
$251,546.40
At the request of the Developer, transportation adequacy charges will be assessed
against the lots within the Development at the rate of $6,654.66 per lot. The
assessment will be payable in 3 annual installments and certified to the County
Auditor for collection with the real estate taxes. The assessments will also be due
upon sale of each lot.
B.
Developer Trunk: Sewer Construction. Developer will construct the sanitary sewer
system necessary to serve the Development and include in the design the capacity
needed to provide service to others as required by the City Engineer. The costs
associated with this oversizing will be allowed as a credit against the trunk sewer
charges set forth in Section 4.02A. This Developer's trunk credit will be calculated
by determining the Developer's actual sewer construction cost, less the amount the
construction would have cost without the oversizing.
.
C. Seal Coating. In order to protect the street from early failure by reason of
extraordinary wear caused by construction traffic, the Developer agrees to deposit
with the City the sum of $1,900.00 to be applied by the City to the cost of seal
coating. The City expects the seal coating to be done no later than the seventh year
of its life.
D. Park: In Lieu Charge. The Developer must pay to the City the sum of$30,000.00 as a
payment in lieu of park dedication and the sum of $225.00 per lot for the City Trail
System charge.
E. Cul-de-sac Removal. The proposed street layout includes a temporary access
directly to Neal Avenue. When Phase Three of Mill brook is completed and its east
west access road is construction, the Brown's Creek Reserve cul-de-sac street will
intersect with Millbrook's east west road at that time the temporary access to Neal
A venue must be removed and the connection made to the Millbrook outlet road. The
costs of doing this work as estimated by the City Engineer must be deposited with the
City prior to fmal plat approval.
.
4
.
4.03
.
F.
Temoorary Trail Removal. The temporary trail along the north line of Lot 15 must
be disconnected when Millbrook is developed and the permanent trail connected to
the Millbrook system is made. The costs of doing this work, as estimated by the City
Engineer, must be deposited with the City prior to final plat approval.
Security for Cost of Public Imnrovements. Developer must, prior to the City or the
Developer beginning work on any Public Improvements, provide the City with cash, letter of
credit or other surety, with the form of any nOIl--CaSh surety to be satisfactory to the City
Attorney in the sum of one hundred twenty five percent (125%) of the estimated cost of the
Public Improvements. Developer and City acknowledge that the accepted construction bid,
including site grading, sanitary sewer, watermain, storm sewer, streets and restoration, and
trails totals $ , and the required security/surety amount is thus
$ . The surety must be a guaranty to the City that the Public Improvements
will be timely completed to the City's satisfaction. The cash, letter of credit or other surety
must be maintained continuously by the Developer until the Public Improvements are
completed to the City's satisfaction. The cash, letter of credit or other surety for Public
Improvements may be released upon certification of the City Engineer that items are
satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by
the Developer for the completion of the Public Improvements, Developer may request of the
City that the surety be reduced for the work which has been fully completed and for which
payment has been made.
A Letter of Credit or other surety must permit the City to draw upon it for the full face
amount of the cost of curing any default of the Developer upon ten (l0) days written notice to
the Developer of its opportunity to cure, with respect to performance items or seventy-two
(72) hours written notice with respect to erosion control violations as described in ~5.08.
SECTION 5. DEVELOPER'S RESPONSmILITY.
5.01 Easements. The Developer must furnish to the City upon request and without charge, all
permanent easements over property owned or controlled by them as designated in the plans
and specifications, and deeds to property deemed necessary by the City for the location,
construction, instaIlation and operation of the Public Improvements, in form and content
satisfactory to the City Attorney.
5.02 Street Li2hts. The Developer will furnish a street lighting system for the development
according to the design and specifications of the City Engineer. The street lighting system
may be owned, constructed and operated by the electric utility company serving the project
area and in this event the City and the utility company must enter into a contractual
agreement on the rate and maintenance of the street lighting system. In the alternative, the
street lighting system must be dedicated to the City upon acceptance of the system as
complete by the City Engineer.
5.03 Mass Gradine:. Prior to the commencement of construction of any Public Improvements,
the Developer at their expense must complete the grading of the entire project area including
the building sites, storm water control features, surface drainage ways, private driveways,
.
5
municipal streets, and other areas that will be disturbed as part of the construction of any
improvements. This grading must be done in accordance with an approved grading plan
either prepared by or approved by the City Engineer with a maximum of two (2) foot .
contours, building pad elevations, drainage provisions, and erosion control provisions.
5.04 Dedication and Maintenance o{Storm Water. Upon completion of the construction of
any storm water control features and upon acceptance of the work by the City Engineer, the
Developer must dedicate, either by the final plat or separate instrument, an easement for
storm water and drainage purposes over the area within drainage swales or ditches provided
that the Developer has provided to the City Engineer a storm water maintenance plan
obligating the Developer and future owners to the continued maintenance of the storm water
control features, swales and ditches.
5.05 Trail Construction and Dedication o{Trail Covenants. Trails making a direct connection
to the City Trail System, and marked as such on the approved plans, must be constructed
with bituminous surfacing and, upon completion and acceptance, be dedicated to the City.
Internal trails that will be reserved as private must be constructed with concrete surfacing,
and the Developer must obligate a homeowner's association, by restrictive covenant in a
form and content satisfactory to the City Attorney, to continued maintenance of any part of a
trail or adjacent landscaping that is built on property under their ownership that is burdened
by an easement.
5.06 EnJ!ineerin~ Data. The Developer, through their Engineer, must provide all staking,
surveying and other information required by the City Engineer in order to insure that the .
complete improvements conform to the approved plans and specifications.
5.07 As Built Plan. Within sixty (60) days after completion of construction, Developer through
their contractor or engineer, must prepare and file with the City a full set of "as built" plans,
including a mylar original and electronic drawings showing the installation of improvements
and the location of service laterals within the plat. Failure to file the '.as built" plans as
required by this section will be grounds for the City to suspend the issuance of building
permits and certificates of occupancy within the plat until this condition is fulfilled.
5.08 Erosion Control Measures Durine: Construction. Developer agrees that they will
construct erosion control devices in conformance with the approved construction plans for
the Public Improvements. This plan must protect any adjacent ponds and wetlands from
erosion, pollution and siltation throughout the construction of the Public Improvements. Any
deficiency or failure of erosion control must be corrected within seventy-two (72) hours of
written notice or the City may draw upon the Security provided under ~4.03 of this
Agreement in the amount of the costs incurred in curing the deficiency.
5.09 Homeowner Association. The Developer must create a Homeowner's Association and
obligate the Association to assume responsibility for maintenance of any common areas that
are conveyed to it by the redeveloper including trails, open space and natural areas. The
documents creating the Homeowner's Association and any associated Declaration of
.
6
.
.
.
Covenants must be reviewed and approved by the City Attorney before being executed by the
Developer and filed with the County Recorder.
5.10 LandscaDine.. The Developer must install all landscaping in compliance with the Plans and
provide, through restrictive covenants, that the landscaping will be well maintained and not
planted so as to interfere with site drainage or storm water improvements.
5.11 Construction Traffic. The Developer must use all reasonable means to prevent construction
traffic from entering or using Oak Glen Drive.
5.12 Citv Ree.ulations. Developer acknowledges that the property is regulated by the City and
that a default under City ordinances or condition of approval of any permit is a default as
defined in this Agreement, including:
A. The grading and erosion control plan must be prepared by Folz, Freeman, Erickson,
Inc. and approved by the City Engineer, shall be implemented.
B. If required by law, a national pollution discharge elimination system general storm
water permit for construction activity must be obtained from the MPCA before
grading begins.
C. Compliance with any mitigation measures required by any Watershed District having
jurisdiction of the Development Area.
D.
The Developer must comply with all conditions of approval imposed by the City as
part of any permit or approval granted by the City during approval of the
development.
E. Before beginning work on the Public Improvements, the Developer must have
satisfied any City park dedication requirements whether by land dedication or
payment in lieu of dedication.
F. Pay to the City, before building permits are issued, for any structure within the
development any sewer or water availability charges and any oversizing or hookup
charges imposed by the City.
G. Comply with all conditions of approval of City plat approval, Case No. 06-45 and
PUD approval Case No. 06-45.
5.13 Maintenance of Citv or Countv Facilities.
A.
The Developer will be responsible for any damage caused to any City or County
facilities or improvements including roads, storm water systems, sewer and water
facilities whether done by the Developer, their contractors, agents or employees and
for any repair or clean up costs or expenses incurred by the City or County in taking
remedial action. However, the Developer will not be responsible for damage due to
the negligent conduct of the City, its agents, employees or contractors.
7
B.
The Developer must periodically sweep streets within the Development, leading into
the Development and County Road 64 in order that the streets be free from debris,
stone, rocks and other hazards. During construction the sweeping must be done at
least once per week unless directed otherwise by the City Engineer.
.
SECTION 6. INSURANCE.
6.01 Insurance. Developer and their contractors will provide and maintain or cause to be
maintained at all times during the process of constructing the Public Improvements and, from
time to time at the request of the City, furnish the City with proof of payment of premiums
on:
A. Comprehensive general liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations and contractual liability
insurance) together with an Owner's Contractor's policy with limits against bodily
injury and property damage of not less than $1,000,000 for each occurrence (to
accomplish the above-required limits, an umbrella excess liability policy may be
used), and shall be endorsed to show the City as an additional insured to the extent of
its interest.
B.
Comprehensive general public liability insurance, including personal injury liability
for injuries to persons and/or property, including any injuries resulting from the
operation of automobiles or other motorized vehicles involved in work on the Public
Improvements, in the minimum amount for each occurrence of$l ,000,000, and shall
be endorsed to show the City as an additional insured to the extent of its interest.
.
C. Workers' Compensation insurance respecting all employees in amounts not less than
the minimum required by statute.
SECTION 7. INDEMNIFICATION.
7.01 Indemnification.
Developer agrees to defend and hold the City, and its officials, employees and agents,
harmIess against any and all claims, demands, lawsuits, judgments, damages, penalties, costs
and expenses, including reasonable attorney's fees, arising out of actions or omissions by
Developer, their employees and agents, in connection with the Public Improvements.
7.02 Enforcement bv City. Damae:es.
The Developer acknowledges the right of the City to enforce the terms of this Agreement
against the Developer, by action for specific performance or damages, or both, or by any
other legally authorized means. The Developer also acknowledges that their failure to
perform any or all of its obligations under this Agreement may result in substantial damages
to the City; that in the event of default by the Developer, the City may commence legal action
to recover all damages, losses and expenses sustained by the City; and that the expenses may
include, but are not limited to, the reasonable fees oflegal counsel employed with respect to
.
8
the enforcement of this Agreement.
. SECTION 8. EVENTS OF DEFAULT.
8.01 Events of Default Defined. The following will be "Events of Default" under this
Agreement and the term "Event of Default" will means, whenever it is used in this
Agreement, anyone or more of the following events:
A. Failure by Developer to commence and complete construction of the Public
Improvements pursuant to the terms, conditions and limitations of this Agreement.
B. Failure by Developer or the City to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Agreement.
C. In each event Developer will be afforded ten (10) days after receipt of written notice
to cure the violation and avoid a default.
8.02 Remedies on Default. Whenever any Event of Default occurs, the City or the Developer
may take anyone or more of the following actions:
A. Suspend work: on the project and building permits or certificates of occupancy on
private development until it receives assurances from the Developer, deemed
adequate by the City, that the Developer will cure a default.
.
B.
Take action, including legal or administrative action, necessary to secure
performance of any provision of this Agreement or for the City to recover any
amounts due under this Agreement from Developer or under the Security described in
~4.03.
C. Undertake to complete the Public Improvements itself, through its agents or through
independent contractors and before the undertaking, draw upon the Security
described in ~4.03 for the full amount of the estimated work.
SECTION 9. ADMINISTRATIVE PROVISIONS.
9.01 Notices. All Notices, certificates or other communications required to be given to the City
and the Developer must be sufficiently given and will be deemed given when delivered, or
when deposited in the United States mail in registered form with postage fully prepaid and
addressed, as follows:
If to the City:
Larry D. Hansen, City Administrator
City of Stillwater
216 N. 4th Street
Stillwater,~ 55082
.
9
If to Developer:
Rick Carlson
C3 Land Development
.
The City and the Developer by notice given to the other, may designate different addresses to
which subsequent notices, certificates or other communications will be sent.
SECTION 10. ADDITIONAL PROVISIONS.
10.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any ofits
provisions.
10.02 Counterparts. This Agreement is executed in any number of cOlmterparts, each of which
will constitute one and the same instrument.
10.03 Modification. If Developer is requested by the holder of a mortgage or by a prospective
holder of a prospective mortgage to amend or supplement this Agreement in any manner
whatsoever, the City will, in good faith, consider the request, provided that the request is
consistent with the terms and conditions of this Agreement.
10.04 Law Governine:. This Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota.
10.05 Severabilitv. In the event any provision of this Agreement is held invalid or unenforceable
by any court of competent jurisdiction, holding will not invalidate or render unenforceable
any other provisions.
.
SECTION 11. TERMINATION OF AGREEMENT.
11.01 Termination. This Agreement will terminate at the time all of the Developer's obligations
have been fulfilled and when the cost of the Public Improvements have been paid in full and
any default of the Developer has been cured, or one (1) year after acceptance of the Public
Improvements by the City, whichever occurs later.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its
corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer
has executed this Agreement at Stillwater, Minnesota, the day and year first above written.
CITY OF STILLWATER
By
(SEAL)
Jay L. Kimble, Its Mayor
.
10
.
.
.
and
Diane F. Ward, Its City Clerk:
DEVELOPER
C3 LAND DEVELOPMENT, a
Minnesota limited liability company
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _ day of ,2006, before me, a Notary Public within and for
said County, appeared Jay L. Kimble and Diane F. Ward, to me personally known, who, being by me
duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater,
and that this instrument was signed and sealed in behalf of the City by authority of its City Council,
and they acknowledged the said instrument was the free act and deed of the City.
Notary Public
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF WASHINGTON
On this day of , 2006, before me, a Notary Public within and
for said County, appeared , of C3 Land
Development, a Minnesota limited liability company, who, being duly sworn, did say that he is the
Developer named in the foregoing instrument and that this instrument was signed as the free act and
deed of the Developer.
Notary Public
11
"'
~~~Ilwater 1
lHE BIRTHPLACE 0' MINNESO'A ')
.
DATE:
September 13, 2006
CASE NO.: 06-45
APPLICANT:
Folz, Freeman, Erickson, Inc.
LANDOWNER:
Rick Carlson, C3 Land Development, LLC
REQUEST:
1) Annexation
2) Rezoning to TRjPUD, Traditional Residential PUD
4) Garage setback variances
3) Preliminary Plat approval for a 15 lot Residential Subdivision
4) Comprehensive Plan Land Use Map change from RR, Semi-Rural
Residential to SFLL, Single Family Large Lot
LOCATION:
NW Qadrant of Neal Avenue and McKusick Road
COMPREHENSIVE PLAN:
RR, Semi-Rural Residential
ZONING:
NA, currently located in Stillwater Township
.
REVIEWERS: Interim Public Works Director, City Planner, Deputy Fire Chief,
City Forester, Washington Co. Highway Department,
Brown's Creek Watershed District,
Minnesota Department of Natural Resources
PREPARED BY: Bill Turnblad, Community Development Director ~~
BACKGROUND
Timothy Freeman of Folz, Freemen, Erickson, Inc. has submitted a preliminary plat on
behalf of the land owner C3 Land Development, LLC. The project is referred to as
BROWN'S CREEK RESERVE and is located at the northwest quadrant of the intersection of
Neal Avenue North and McKusik Road North. The project shows 15 large lot single
family home sites on the 8.9 acre property (9.5 acres if McKusick Road right-of-way is
included). Lots within the project range in size from 10,251 square feet to 19,760square
feet_
The proposed development density is 1.69 homes per gross acre. This corresponds to the
Comprehensive Plan category known as Single Family Large Lot (SFLL). .
Brown's Creek Reserve
September 13,2006
Page 2
.
The project would represent the continuation of the infrastructure and development pattern
established by the preliminary plat approved for US Homes on the former Palmer property
immediately to the north. This includes:
. A cul-de-sac that would intersect with the east-west road into Millbrook from Neal
Avenue;
. An 8' wide bituminous trail that would continue from Millbrook along Brown's Creek;
. A sidewalk that would continue from Millbrook along the east side of the cul-de-sac and
provide a loop out to Neal Avenue and back to the Brown's Creek trail; and
. Utilities that would be installed across Brown's Creek Reserve to Millbrook.
37% of the site is proposed to be dedicated to the City as open space. This 3.3 acre open space
area would include: a stormwater pond that would treat stormwater from the proposed lots; a
stretch of Brown's Creek; the wetlands abutting Brown's Creek; a small wooded upland area;
and an 8 foot wide bituminous trail.
REVIEW HISTORY
.
· The City Planning Commission reviewed the Concept PUD plans at their May meeting.
They recommended approval on a vote of 8-1.
. The Joint Board reviewed the Concept PUD application associated with this proposal in
May. The Board approved it on a vote of 4-0.
. In June the City Council unanimously approved the Concept PUD.
. On August 14, 2006 the City Planning Commission reviewed and unanimously
recommended approval of the preliminary plat, comprehensive plan amendment,
rezoning and annexation with conditions.
· August 28, 2006 the Parks & Recreation Board considered the proposed open space and
trail improvements and recommended approval of the plan with the condition that the
park dedication is in the form of cash in lieu of land.
· On August 29,2006 the Joint Planning Board considered and recommended approval of
the Preliminary Plat with the same conditions as the Planning Commission.
SPECIFIC REQUEST
In order to develop the property as proposed, the applicant has requested the following:
.
1. Approval of an Annexation Petition
2. Rezoning to TR/PUD, Traditional Residential Planned Unit Development
3. Approval of garage setback variances
a. City Code Section 31-1, Subd. 11.2(4)5 states that in the TR zoning district a front
facing garage must have a 27 foot front setback. Moreover, 75% of the front facing
garages must be set 6 feet further back than the front of the house. Lots 1, 9, 10, 14
and 15 do not meet these standards and variances are requested for the garage
setbacks on these lots.
4. Approval of Preliminary Plat for a 15 lot single family residential subdivision
5. Approval of a Comprehensive Plan Land Use Map change from RR, Semi-Rural
Residential to SFLL, Single Family Large Lot
Brown's Creek Reserve
September 13,2006
Page 3
.
EVALUATION OF REQUEST
I. REZONING & COMP PLAN LAND USE MAP AMENDMENT
Rezoning Currently the property is located in Stillwater Township. Upon annexation it
would have to be rezoned. The developer requests a rezoning to TRjPUD, Traditional
Residential Planned Unit Development. The proposed lot sizes are consistent with the proposed
zoning classification. Moreover, the proposed zoning would be the same as the abutting
property to the north.
The only lot dimension problem occurs with Lot 7 as shown in the application site plan. The
amount of frontage on a public street is only 25 feet and must be 35 feet. Therefore, the
developer redrew the lots on the end of the cul-de-sac to meet this standard. The revision is
attached.
Comprehensive Plan Amendment The future land use map of the City's Comprehensive Plan
classifies the property as RR, Semi-Rural Residential. All land within Stillwater Township shows
up in the City's Comprehensive Plan as RR, Semi-Rural Residential. As annexation and
developments are approved, the future land use map is amended for the project.
The net acreage of the project is 7.13 acres. Given the 15 planned lots, that yields a density of 2.1
homes per net acre. Therefore a future land use designation of Single Family Large Lot (2 units .
per acre) would be appropriate.
II. PRELIMINARY PLAT
A. Minimum Dimensional Standards
Site size
A standard PUD has to be on a project of at least 3 acres in size. The subject
property has 8.9 gross acres.
Lot standards
Minimum lot standards for the proposed TR zoning district are compared below
with the lot dimensions proposed by the developer. As can be seen, all minimum
lot standards are met.
Lot Standards
Width
65'
All >/= 65'
Fronta e
35'
All >/=35'
De th
NA
NA
Open Space
Almost the entire property is located within a shoreland overlay district. The tit
northern part of the property lies within the South Twin Lake's Natural
Brown's Creek Reserve
September 13,2006
Page 4
.
Environment Shoreland Management Overlay Dishict. Most of the rest of the
property lies within the Brown's Creek Shoreland Management Overlay Dishict.
Since the project is proposed as a PUD and the site is within one shoreland
management district or another, 50% of the property must be dedicated as
perpetual open space.
The area proposed to be dedicated as open space comprises only 37% of the
property. This leaves a deficit of 13%. In the Liberty on the Lake PUD, private
yard areas were counted toward the 50% open space requirement. However, this
arrangement must be approved by the Minnesota Department of Natural
Resources (DNR). The DNR Area Hydrologist responsible for the Stillwater area
has indicated informally that in this instance, she believes it appropriate to allow
the rear yard areas of this development to count toward the 50 % requirement.
Prior to approval of the final plat for this project, the DNR will have to submit
written approval of the project.
B. Civil Engineering
.
. The proposed street layout includes a temporary access directly onto Neal
Avenue. When the third phase of Millbrook is completed and its east-west
road is constructed, the Brown's Creek Reserve cul-de-sac will intersect
with Millbrook's east-west road. At that time the temporary access to Neal
Avenue will be removed. An escrow will have to be deposited by the
developer with the City to cover this removal cost.
. A key component of this PUD is that it will allow for extension of utilities
through the site to service Millbrook.
. This development will be responsible for paying a Trout Stream Mitigation
Fee, a Transportation Mitigation Fee, and possible trunk utility fees.
. All electrical and communication utility lines are required to be buried.
. The Washington County Highway Department requires that the final plat
include a notation that access will be restricted along McKusick Road.
. Engineering consultants for the Brown's Creek Watershed District have
completed a review of the project. The watershed dishict board will
review the project August 14,2006. Conditions of approval recommended
by the consultants area:
1. Provide soil borings indicating the groundwater elevation in the
location of the proposed ponds.
2. Revise proposed stormwater treatment system design to provide
the necessary separation from the groundwater table and provide
rate control, volume control, and water quality control consistent
with the requirements of Rule 2.0.
3. Provide a rock construction entrance.
4. Provide temporary seeding and stabilization in keeping with
NPDES requirements.
.
Brown's Creek Reserve
September 13,2006
Page 5
5. Provide a stormwater facility maintenance declaration in a form .
acceptable to the District and proof of recordation with Washington
County.
6. Provide a buffer declaration in a form acceptable to the District
and proof of recordation with Washington County.
7. Provide the following required sureties:
a. Total grading or alteration surety ($14,000).
b. Stormwater management facilities surety or proof that the
City of Stillwater has received a Performance Surety of
equal or greater amount than 125 % of the construction costs
for the stormwater management facilities ($37,900).
· Other comments from the Interim Public Works Director are attached in
his memorandum dated August 7, 2006.
C. Fire Protection
In order to facilitate the turning of a fire truck the permanent cul-de-sac pavement
radius will need to be increased from 84 feet to 95 feet. Also, a temporary
hammerhead turnaround will be needed either on the north end of the site or on
the Millbrook property. When Millbrook develops, this can be removed. Final
plat application materials will need to address both of these issues.
D.
Tree Preservation
.
A tree inventory and replanting plan were submitted and reviewed by the City
Forester. Her comments and those of staff are:
· The cul-de-sac was shortened to preserve a number of heritage oaks on the
southern part of the property.
· In order to determine the number of replacement trees that will be
required for this development, a canopy removal plan has been submitted.
The plan indicates that the 35 % removal threshold will be exceeded.
Therefore, tree replacement will be necessary. The plan shows that 30
replacement trees will be needed. The City Forester will need to review
the canopy removal plan to verify the calculations prior submittal of the
final plat application.
· In order to determine that maximum tree protection is being provided, the
location of the existing trees needs to be superimposed upon the grading
plan. H a tree is proposed to be preserved, its root aeration zone must be
protected during development and construction.
· To save as many oaks as possible in the Neal Avenue right-of-way, the
proposed walkway should wind its way around the trees.
· Oaks should not be pruned or wounded between April and October.
· Oak removal should occur between November and March. If this is not
possible, the developer must notify the Community Development .
Brown's Creek Reserve
September 13, 2006
Page 6
.
Department to arrange for the City Forester to be on site to assure that
proper oak wilt transmission is prevented.
E.
Park and Trail Dedication
The public open space plan for Brown's Creek is proposed to include:
1. An 8 foot wide bituminous trail along the Brown's Creek wetland trail that
would serve as a connecting link between the Millbrook trails to the north
and the future Neal Avenue trail.
2. A concrete sidewalk along the easterly side of the proposed cul-de-sac.
This sidewalk would be extended out to Neal Avenue and then northward
to Millbrook and southward to McKusick Road. This would create a
complete loop for the new neighborhood since the sidewalk would connect
with the proposed trail. (See attached site plan.)
3. 3.3 acres of open space along Brown's Creek. This also includes over
27,000 square feet of wooded upland behind Lots 7 and 8.
.
The Parks and Recreation Board reviewed the plan and determined that the
proposed land dedication does not satisfy all of the City's park dedication
standards. Therefore, they recommended that in addition to what is being
proposed cash be dedicated in lieu of land. At $2,000 per lot, the cash dedication
will by $30,000. This fee will be required prior to release of the final plat for
recording with Washington County. Also, every development is required to pay
$225 per lot toward the City's trail system, even if trails are being built by the
developer on his property. 50,$3,375 will be due for trails prior to release of the
final plat.
Miscellaneous comments:
. Public works would prefer the sidewalk proposed along Neal Avenue to
be an 8 foot wide bituminous trail. The connecting sidewalk to the cul-de-
sac should then also be bituminous.
. A 20 foot wide public trail easement will be required to be centered on the
property line between Lots 5 and 6.
. The trail connection along the north side of Lot 15 is only needed
temporarily. When Millbrook is developed, the trail will connect directly
to their system. Therefore, a temporary 10 foot wide public trail easement
is needed for this segment. An escrow sufficient for removal of this trail
segment should be deposited with the City.
F.
Landscaping
.
The City Subdivision Code, Ch 32-1, Subd. 6(4) requires three street trees per lot
(not to be in the right-of-way). The proposed landscaping plan shows only one or
two trees per lot. Granted, since the project is a PUD, the Code specifically allows
flexibility on the number of required street trees. None the less, staff would like
Brown's Creek Reserve
September 13,2006
Page 7
the spacing between the street trees reduced from 60 feet on center to 40 feet on .
center. This will allow for the addition of several more trees.
G. Wetlands
There are wetlands along Brown's Creek. These wetlands have been delineated
and their extent included on the project's site plan.
No wetland impacts are proposed and therefore no wetland mitigation is
necessary .
III. GARAGE VARIANCES
City Code Section 31-1, Subd. 11.2(4)5 states that a front facing garage in the TR, Traditional
Residential zoning district must have a 27 foot front setback. Lots 1, 10, 14 and 15 do not meet
this standard. Since there appears to be reasonable alternative garage locations that meet this
setback requirement, staff recommends that plans be redrawn rather than approve the variances.
The Planning Commission concurred with this recommendation and denied these variances.
In addition, 75% of the front facing garages in a PUD must be set 6 feet further back than the
front of the house. There are six front facing garages, so one garage could have a setback equal to
that of the house, or it could even be closer to the front lot line than the front of the house. All of
the rest of the garages must.have offset setbacks. Given the shape of Lot 9 and 10, they will both .
likely have to have garages in front of the houses. Staff would support this, but the other four
front facing garages should have the required 6 foot offset.
IV. ANNEXATION
According to the Orderly Annexation Agreement, the subject property is located in the Phase IV
annexation area. This area is not scheduled for development until 2015. But, the infill provision
of the agreement (Section 4.09) would allow the request to be approved, since each of the
following criteria are satisfied:
o 100% of the subject landowners have signed an annexation petitionedi
o The property is adjacent to the Cityi
o The level of growth in the entire area regulated by the agreement has not
exceeded 120 permits per yeari and
o Utilities are immediately available to the property.
The Joint Planning Board approved the annexation request. During discussions of the
annexation it was noted that in order to develop the US Homes property immediately north of
Brown's Creek Reserve, it would be rational to install utilities across Brown's Creek Reserve. It
would also make sense to annex and develop Brown's Creek Reserve now.
.
.
.
.
.
Brown's Creek Reserve
September 13,2006
Page 8
v.
MISCELLANEOUS
Demolition permits are required for the house and accessory structure that are still on the
property. If either structure is over 50 years old, it must be reviewed by the Heritage
Preservation Commission.
RECOMMENDATIONS
City Parks & Recreation Board
On August 28, 2006 the Parks Board recommended approval of the trail and sidewalk
improvements as conditioned below. They also recommended that the park dedication
obligation be satisfied through a cash dedication rather than land.
City Planning Commission
At their August 14, 2006 meeting the Planning Commission unanimously recommended
approval of the preliminary plat, the rezoning, the comprehensive plan amendment and the
annexation as conditioned below.
Joint Planning Board
On August 29, 2006 the Joint Planning Board considered and recommended approval of the
Preliminary Plat with the same 22 conditions as the Planning Commission
City staff
Staff recommends approval of the current request with the 22 conditions listed in Alternative A.
(Note that the Planning Commission denied the garage setback variances except to allow Lots 9
and 10 to have garages in front of the house without the requisite 6 foot offset. Therefore, the
current request does not include the denied variances.)
ALTERNATIVES
A. Approval If the City Council finds the proposal to be satisfactory, it could approve it
with the following conditions:
1. The site shall be developed in substantial conformance with the following plans on
file with the Community Development Department, except as may be modified by the
conditions herein:
· Proposed Layout Plan dated 8/14/06 Sheet 2 of 6
· Proposed Grading Plan dated 8/14/06 Sheet 4 of 6
· Proposed Street Plan and Profile dated 6/26/06
· Proposed Utility Plan dated 8/14/06 Sheet 6 of 6
· Proposed Landscape Plan dated 8/14/06 Sheet 3 of 6
· Tree Preservation Plan dated 7/19/06 Sheet 2 of 15
2. The developer shall complete a PUD worksheet and submit it to the Minnesota
Department of Natural Resource's (DNR) area hydrologist. If the DNR review results
Brown's Creek Reserve
September 13,2006
Page 9
in substantial changes to the preliminary plat layout, then the developer shall
resubmit the preliminary plat for review by the Planning Commission.
3. The rezoning and comprehensive plan amendment necessary for development of the
subject property shall not become effective until the applicant receives Final Plat and
Final PUD plan approval from the City Council.
4. If the Metropolitan Council requires any significant modifications to the
Comprehensive Plan amendment as proposed, then the Comprehensive Plan
amendment and Preliminary Plat shall be reconsidered by the City.
5. If the Metropolitan Council makes a finding that the Comprehensive Plan amendment
has a substantial impact on, or contains a substantial departure from, any metropolitan
systems plan, then the Comprehensive Plan amendment and Preliminary Plat shall be
reconsidered by the City.
6. The preliminary engineering plans shall be found satisfactory to the City Engineer, or
revised to his satisfaction prior to final plat application. The final plat application
materials shall contain at least the engineering changes suggested in the attached
memo from Shawn Sanders dated August 7, 2006.
7. The permanent cul-de-sac radius shall be increased to 95 feet and a temporary
turnaround of 120 feet total length shall be provided on the north end of the property.
These revisions shall be included in the final plat application materials.
8. Any of the seven conditions found on Pages 4-5 of this report that are adopted by the
Brown's Creek Watershed District Board shall be addressed and incorporated into the
plans submitted for the final plat application.
9. The developer shall have the City Forester review the tree replacement proposal
included within the Tree Preservation Plan submitted by the developer. The number
of replacement trees found necessary by the City Forester shall be included in the
landscaping plan submitted with the final plat application.
10. If any of the oak trees on the site or within the Neal A venue right of way are to be
pruned or removed, this work should not be done between April and October. If it
can not be avoided, then the developer must notify the Community Development
Department to arrange for the City Forester to be on site to assure that proper oak wilt
transmission methods are employed.
11. The sidewalk along Neal Avenue shall be shown as an 8 foot wide bituminous trail in
the final plat application materials. Along Neal Avenue this trail shall be aligned so
as to preserve as many oaks as possible.
12. A permanent 20 foot wide sidewalk and utility easement (for water main) in a form
and with content found satisfactory to the City Attorney and the Public Works
Director shall be submitted for the sidewalk segment between Lots 5 and 6. Said
easement shall be fully executed and submitted to the City prior to release of the final
plat for recording with Washington County.
13. A temporary trail easement in a form and with content found satisfactory to the City
Attorney and the Public Works Director shall be submitted for the temporary trail
segment along the north property line of Lot 15. Said easement shall be submitted to
the City prior to release of the final plat for recording with Washington County.
14. Prior to release of the final plat for recording with Washington County, an escrow
shall be deposited with the City in an amount found sufficient by the Stillwater Public
Works Director to remove the temporary trail on the north side of Lot 15 when the
trail system in Millbrook develops and the temporary trail becomes unnecessary.
. ,
.
.
.
.
.
.
.
Brown's Creek Reserve
September 13, 2006
Page 10
15. Prior to release of the final plat for recording with Washington County, an escrow
shall be deposited with the City in an amount found sufficient by the Stillwater Public
Works Director to remove the temporary street access to Neal Avenue when access to
Neal A venue is available through the property to the north.
16. Prior to release of the final plat for recording with Washington County, a $30,000
park dedication fee and $3,375 trail fee shall be submitted to the City.
17. The final plat shall include restricted access to McKusick Road.
18. All electrical and communications utility lines shall be buried. This shall be specified
in the plans submitted for final plat approval.
19. Trout Stream Mitigation fees and Transportation Mitigation fees will be due and
payable prior to release of the final plat for recording with Washington County,
unless the developer requests the City to spread these fees over the taxes for each of
the 15 proposed lots.
20. Final plat application materials shall include a revised landscaping plan that shows
street trees planted 40 feet on center along the lot fronts to the extent possible.
21. The final plat application materials shall include a revised site layout plan that shows
all garages meeting required front setback standards. However, Lot 9 and Lot 10 may
both have garages in front of the homes.
22. No structures on the property may be demolished without a demolition permit issued
by the City. If any of the remaining structures are older than 50 years, a complete
demolition permit application must be submitted to the City for Heritage Preservation
Commission review.
c.
Table If the City Council finds that the preliminary plat application is not
complete enough to make a decision, it could continue the review for additional
information.
D. Denial If the City Council finds the proposal to be unsatisfactory, it could deny it.
With a denial, the basis of the action should be given.
cc Tim Freeman
Rick Carlson
Attachments:
Location Map
Comp Plan Map
Development Plan Set
Lot 1/8 Revision
Memo from Interim Public Works Director
.
.
.
.
Q2006-Folr Fm:rn.n r:ric~son lno:.-AllRi ~!IIIl:~
~
:t>
lJ
<:
q
Cl
c...
I
tn
@l
ir- .,. -r: ;:;.~
II
~
Jo
it't
(
II
..I ..-.-, ~
lO
~
Cl
~
U)
~
r::)
"
~
~
:'\)
rii
<::J
",
~
~
~
S2
-<
I
U)
:::j
r-
r-
~
~
~
~
Cl
:;;
~
~~
~~tIl
~ ~~
~ ~ M
\) ~ M
~~ ~
tj N ,'\.
a~?tl
~ ~ M
Vj (:) ~
~~
.~
I J ,...
i I ",
C)
I J, ~
I I ? @ @
I t:I
I
I
:;; 0 ~ " III m ~
~ m '"
r en 0 '" X
); Z -; " 0 en en
8 z m :;; -; -;
Z Gl '" Z Z Z
0 ~ en Gl Gl
en m (') (') -; -;
~ 0 0 III '" '" '"
:;; z 0 m m m
m -; c m m m
> -; 0 z "
(') ); c 0 'i 'i
" '" > m m
Z '" ;:: ;::
0 -< > 0
.3 <
~
~ ~~~
Q~5
!; ~.~
~~~
~!:I
g
!
"'i
-t- '-
'"
I. f;~
@e..
"<l N
I"" ~
~ ~
~ ~
-..--, Cl (tI
ct~~~
~ en V"I ~ "
0-10- <:
~ F~ tT1 t'11
3:~~ ::'i 'i
~ >;s:: z ....
~;:;joClr>
~.?':>:l . ~
~~~tT1rn
~~> Z 0
ii' 51;;i Cl ::l
3:030 z~
~-1~ t:1 H
e::l5 ~ ::I
~ ~q ~ r
_",::r:
Cl
~
.j>,
'd
Ol
I
~
~
-<
~
Ol
~
~
Ci
..
.
~ 2006 - Fol Freem.n [ndt.on llle. _ All Ri ilia Rl>>m'tId
~
II
~ tJ
9 z z
0 0 ~
Cl !if ;J.
'" :T
I :> Cl> CI)
U; iil 3
" -
@l " )> =<
en~
~ o Cl> 0
~ C III Cl> :b
--I :T~ '"
" 0 Cl> 0 n ~
;::; Iii 3 0 :>.
in 0 ~
~ )> . ci"
<i1 en r--
iil III !a :> ~
go c:r
III
" " -
iil '" CI)
"
~, )>
5' CD
5' ~
0
0
q
'"
'"
cr
"
\l- ~ ~ )>
" wo> <i1
~ ~O> III
0.
~o, Ul
0 NO>
"0 -..JW t;
0
0
'"
;..
go ;:c~
" -..J ...w
iil -..J 0> 0 ~cE' 0
"
0 '"en <0"....1 ~ 3:"8
c CO 0>0 o '"
0; 0> 0> N -~
a:
'"
a
'" N ~~ al
'"
cr ... E,d
" !" . -..J
\l- ~(o friii
0 ~~ c:r - s:
N CD
~ ~N )> ~
~
o~ ,Cl> ~
"....I '0"....1 o III
0> 00> -\l
0 00 ~ -
, ~
9- \
c.n CXl-..J () ::0 \
~ ~w 0
c ~
;a.
I
tJ I
<: ,
a I
::0 !
~
~
o
~
lJ)
~
~
;>;;
::tJ
Cl
~
rii
~
~
S6
~
~
-<
I
lJ)
::::I
r-
r-
~
.~
~
~
Cl
o
:;;!
Cl
~
-I>.
'd
'"
I
~
~
-t
'"
~
'"
~
~
-t
\Jj
~
~t'-C
~(Jl
~~ ~
~~ ~
d ~ ~
~ ~ '\
~ ~ ~
~ VJ ~;"I
~ a Y-I
~(\J\
~
)
o
, \
:!!
Cl
~~:z:
00....
llll~
@@
1l1"'~
at:l~
::E::E '.
00
:t:t
~ II
~~
r-""
'-
Ii
-
';-l
""
)>
g
:J
o
~
r-
Ii
~
""
~
CIl
-t
~
C)
~
n1
f!l
~
.!!)
~
~
~
I-
o
-i-:-t)>s:s:....
~~~~~~
r-r-)>;;::~::Q
:In:;f\l~;::~
0...." Ii Ii!ll
;jlC)o~<o'C""
:::0 ~.. ..... ~
=<~~~~~
)>?i",,,,~rn
::QGl-P-P'~
~7,';:o;:o;:O
" '"
-1>.0
--
."'<"
"''''
.....'"
"''''
",.0
-P;'"
;:0'
~
Sjidd~
S;:~~)>
:<:r-r-::Q
t:l~~~
~::o::o
::0;>;;;>;;
;>;;)>)>
)>::0::0
~~~
),;::0 "
1!i2lt
C) c:.
r-5:i~
l5~;;;,
11'111~
~~;:o
O'
~~
CIl'"
!Io-P
;:0
~::;:
~~
:<:'-
t:l
f{l
OJ
)>
C)
~
"
~
~
<0
'"
-P
;:0
.
.
~~ "':""""-
~ \,
...
E ~
1.> >
':::i
~ ~
D
'"
1'-
I t,
I,J
41
j
41
II
L I
\'~
\\
j
I I
./ I
I
I'
I
I
\
\
\
\
\...
\'6
i'
lot
'J1
\9-. (J1
.~ vi
- ----\ ~ ~
\~~
"0
\'"
-z
\t
\
~
c:
-:-t
::OCll3jr::
~~o~
~,,~~
_'{llill)
,?""-rn
"" ~~
~
~
-<
o
CD
,..,
.,
'"
,..,
Ul
,..,
'"
rii
o
[]J>O-o
I'Tln::::o::U
8f;1~!j5
;:: Ul' 0
,..,Ul Ul
~dd8
~~~~
rr
>1<"'0
[]Jrn>o
r::Un:::O
fT1g>?i;
z",r;:j-<
00,.
21'Tl~g
c'rii,..,,..,
:::oIZlf)
,..,0 Ul
..,
;::
,..,
z
-<
~ r--
):.
~
c:
-t
~
o
~
CI)
~
~~3j~
p~OO
~"~l:l
"'i?"O
~""~m
""a;
)>
I")
~
N
o ~~~
~. ~
~ ~........
:"'10~
~~~
~
.t<~
'"
!~~
"Ij N
!;: "
Z ~
Z '1
Z ro
=f1~ ~
"'d c;nU"l ::0 ...
!~~ ~2 tIi
'" ~ tTl '1
~:>:: ....
~;:;jO C'l (')
'P :;d:;d . ~
el~~ [fl
~'7>-~O
if ~ ~ C'l ::l
~C)~ Z...
---I'" r:1 H
:;:>-Z ::0 :::
?~@Z{J
~~5:! C) .
~
o
.
02006-foll f~." r:nL~'O~ lnc.-Al1ll.i hll<Rescn't'd
n
o
)
\
\
\~
'i ~
55
-
~
:::0
~
tJ
<:
a
:::0
:t
I
)
,._~
~
\ \
: t
I
.
~:
')
~
I
/
[I
~
~
L
/'
\1
to.,.
~ ~ ~ )
"'-
... ~-
~
~
~
- NEAC'AT/ENUE-NOkrH
~_..~
/
. '"
;:i
:0
~ C)
:0
'"
> ! ~
i ;J
, t i '"
I m
.~~:ti
~ m
~ en
~ (")
~ ~
m 0
~
I'T1
.
j
-------
/
I
" 9 ~
z. S
@~ ~ B ~ ~
o
ffIft
1 'I
1 ~
t ~
! I
f
m P01J m
x z:ll X
1ii 00 1ii
-I ;<J1J -I
Z ::Eo z
Gl "J>(f} Gl
m -<~ (f)
< (f)< I
m 1J~ "J>
:ll ;<J_ 0
Gl C-I m
;<J om -I
~ m~ ;<J
z z ~
-I m (f)
:ll
m
m
(f)
~
a
~
tJ)
~
i:1
"
~ V:J
~ ~ ~ H;ti ~~~~
::Q
r;:j ~'":' r""'l '"'~2t
~ ~~ ,.., !~~
" ~ ~~ ~ ~.
", ~ (f\ 8- F~'
~ ~~ ~ 2~~
'6 0 ~ p: - h
~ z
, G)
~ ~ ~ ~~ 0
S2 lii~ ~
-f tj $! ~
I ~ ~_ r
tJ) ~ _~ i
::J ~~ lD
r-
r- ?3 ~ r~
~ ~ ~ ;ti ~
r;{ ~~ ,..,
.::Q ~ ~~ ,..,
L V) ~~~ lii~ ~~. :~: .
~ \rj ~ is - ~ , i~ ~~!:~~:-:i1
~ ~ z ~i~
~ ~ J!!~ l> 8<1
~ ~2 ~ ~~ ~~ i~;:: - :~::
nl ~~ r
a i~ Q ~~~ 'i 850 c 8
~ ~ ' .~~ ~~ .
~ r-l ~ ;;. ~~ ~
~~ -< ~~~ S .;l!f.l!t...."l ~z
~ ~ z -<_. ~ ~~ ",~ 'I.
a ~ --~ ~~,., o ~~pp2
~ '" V) " ~
~ !-~ ~~ ~%
0 ~ ~~ 0
-/>. ~ 0';; ~~ a
'23- 0_
0) ~ ~ ~a ~~ ~ J
t
~ ~
i:1
-f
G.
a
"
0)
~
i:1
Vi
; z ~
~ I ,
f ~
. . :i
~ ~
~ ~
> > ~
~ ~ [
. .
I I I
fJJI1
r r? l
l ~ ~
r
i
f r
! f
f
j
~ ~ ~ :0 ~
~ Q ~ Q ~
:0
~
~ f
~
~ ~
z
l
I
> >
[ ~
i I
f
.
i
~
o Q~~
. r;;;~
o ~ ...
~~~
""1~~
"i
.t,~
'"
0>
o
~
"TT
r
o
::E
m
;<J
z
Gl
o
~
OJ
(f)
po
(f)
m
;<J
<
(i
m
OJ
m
;<J
:ll
-<
o
"J>
^
(f)
po
~
"J>
1J
r
m
(f)
I~~
~~
Z 'i
Z ro
:-4J ~ 3
M I CIl ~
'--- c: ='
""~v. ;c~
5" CI' <
~ ~ t'rl t'1i
~ ~~ ~ 'i
-= >:;::: Cl ....
~;jo n
'P :xl:xl . ~
~~~ [J)
'" 7:> ~ 0
! ~~ 9 P
~ ~~ ~ ~
....>z;c='
?~~ Z n
~@:i C) .
.
1nc;__^llRih!ll"-~
s::
),.
lJ
<:
9
a
t..
I
0;
~
Iii:
"I
,
i ',f'---
,
I: .t
, I
,
,
I'll
,
I ii,
/"'\ ,
I(I! \~ '::
: i I V i I I"
I~, I exl 1\)':\
; I! \: ~ n II
Ii "i (;1/1' II
\ \ \ \:" / ' 1 i
',~\\" \1/
- VI,I, "
'1 I'" ,
I111 \ ~
I' I \ OJ
1 \' '...0
, ,i
\ I I ~ \
" \ \ I' (':
'I i ~ \
11111\
\ ,I \
,I I
\
~
~
c:
C/)
-
----
! ,
I I I
I'
,
')
UJ
:u
a
~
Ul
~
~
:>;
:u
~
~
o
,."
rs
'6
s::
~
-<
I
Ul
:::!
r-
r-
~
;;:j
,:u
s::
:2:
~
a
:;:;
a
~
:;:
~
0\
I
~
i:1
-<
-I>.
a
.."
0\
~
i:1
iii
"\
......
~
~
.'
--
P
/ .,
" ;;IIIi ,
,
~
'!lI a>
'lI
"....
,f
.?z,1 J.
; ?:f
....
, ,~
~
''''~ _ _"U__ ---. -
<:. ------
----
o (iiSl
1;2~
~ ~. ~
~~~
....!.:::r>,
'"
o
- -
----- --
- --,
"l
.t,~
'"
! I
1
1
:E1l '0 '0
-" " "
;0:0 0 0
, '0 '0 '0
;to 0 0
. (J) (J) (J)
nm m m
",,, " "
. (J) n '0
00.... 0 "
"0 z 0
~~ .... '0
0 m
. (J) c "
m " =<!
:E
m OJ
" 0
r--
I'T1
G'l
~
o
~
m
x
u;
....
Z
Gl
n
o
z
....
o
c
"
~
~~
~1Il
\'?;;~~
" \ t:J t;j !\1
-@~CV\
,/ ~ ~ ~
o ~ ')...\
~ ~ ''\
~~~~
~ en. ~'fl
- ~atJl
~~
~
CTl
X
-Ui
-<
Z
(;)
"D
;u
o
"D
CTl
~
-<
CD
o
c
z
o
~
-<,
'.
.'- 'C.
---;'f(-
',9/
;V\T ,f.
" ,
\. ' ~
~~~
=i~
j<1-- C) ro
'~, ~.z1. S
~ CIl ~
L_.~C:: ::l
;;:! en I..n ::e ...
!~~~tI1
8:~~ Z "'l
-=:>::: ,.., ....
~;;jo"n
~?'s; . ~
wl'- 1'1 CIl
~_~zO
/i t"rl C) ::l
3;02 ~"
-=:;!"" 1'1 ~
.... Z:<l::l
~~~ Z (j
~~Ei GJ .
-
-
"2006-- Foil Fm:m.n 13rit~son In<., -All R, h~ RCK'TVal
;::
:>.
lJ
<:
S)
a co
t., 893.2 l!l
I 0.'
In 900,21
Cl:l
a
895,1
897.92
~' 895.4
896,71
895,9
896,57
"', 897.4
897.50
898,6
898,96
wi 900,6
900.43
902.3 .J
901,90
'"' 904,0
I 903,37
906,0
, 904.29 co 8
'"
0
IJ:J
'"
C)
~
lI)
~
,."
~
'"
~
~
;;)
a
,."
~
C)
lJ
;::
~
-;
I
lI)
::::I
r-
r-
~
~
;::
~
<:
~
C)
i;!
a
0)
~
0)
'd-
0)
I
~
~
-;
In
C)
.."
0)
~
~
iIJ
BVCS: 0+00
BVCE: 900.21
r-,r-
~;~
~ :g (3i(3
;t>~U;ZIZ
!=' m -t -t:-l
,.11-< )> cnim
?l ~ It ;;!ih;
~~~~~
0, 0 +' en
'" ~,:g
;" b.
r-J:<O
.1
;g
~
o
~
tj
CI)
;3
~
~
~
~
~
~
;g
~
~
hj
~
V:J~
~
~tJl
~~
~~
~~
~ltl
~~
~CV\
~
..
'"
o I
o I
C:?.. ---I
<
()
I
.1
,
,
.,
'"
o
~~
Ul-o
~(")
M)>
r-
VI
-i
;:l\j
m
~
VI
m
q
o
z
-
PARK
-
-
",.,
j (
(
~fu-
8 7
-~j
',' __ _ _ _ _..1
-, 1
L-1 ~__
~~
c~
~~
g....
ili'1
~p
,-",
~ ~ ; ~~ ~o I:z;.
~ i: c;') g'; 8 oc!
~ ~ ~ ~~ ~ ~~
~ ~ ~ ~g ~ ~~
~ 8 CD ~V1 OJ ~l
~ <: ~ ~~ ~ ~~
!! ~ fTlp <~ ~ <"'''12
,. M "''' g _
l.f) c .CJt g Vl ;;0
~ ~ 8 ~;! ~
i ~ ~ ~
tl ~ ~ ~
~ "iD 0 .....
", 01 d
z "
~ ~ 8
~ ~ ~
'"' ~
'" z
)! 0
z ,.
o "
,. 0
el "
;g g
g ~
d
;;0 ~
<: "
~ M
i: M
c 0
"
~ g
-<
o
'"
z
'"
~
~g:~~8
o~go~
~>:!l";;o
Q;tl~~
~ ~ ut~~
~~~~aJ
_ 0 UL
~~~-
,g~~
g~
-0
Rod
~
~
N
W-+E
~
~
~
Q~~
::;,~
~ ~..""
~o~
~~~
Ii
g
; 1~
; Ji"
, 0
i "
~~
~~
~~
z..
~s
~::;
~!!?
El
!;: ~
Z 0
tl -
"0 N
~~
~ ~
Cl (1)
3
en ~
gp
;;i trJ
::i 'i
Z ....
Cl (')
. ~
tT1 [J)
Z 0
~ p
gJ ~
~ ~
Cl r
~
<:
:z
I~l~
1_-",-...
~~~
~ F t5
s;~~
=>::;::
t;;:;Jo
~;os:
~~~
~~;:;i
0::02
~,...,t'T1
:;':>z
?~~
~~~
"'.
CD
'"
r
Z
o
CD
,.
~
~
g
"
CD
"
'-
'"
~
'-
-I
II
~ ~
~
~
f t t1'j
. , .j ~
s: .'
, ~
~ .~
() l....:!i,~_
h" ~
e ~:~~+
~'\
(f)
- ~
~
~
~
~
tJ ~
I ~
0 ~
~ ~
:t
. . ~_.._-,--- .....-- .
_~..._..-,v;-..... ..... "'~''''--'''''''.;.&.~~,-=,_' ;; ~::' ~'" ~~;.'"i :f.i" ::
"',~ at'
,~>.~,-~==-'-' ..Mt.lE:---'~
/~
-t, "-
t'J
---l ~ ~ ~!~ '* I t'"'
---l ..,." Q ;;J -lcn"""'C-l :EQ ~ tTl
0 0>;xJ ~~~~S ;xJ C')
~ "0 ~ m ~~ ~ I
0'" C'l m ~~o;g~ ~8 ~ Ii. ~ 8 ~
---l ."g o ;xJ >C~(I)~
;xJ ?Z{!l o m co ." I
m m ~ ~~~~~ s;m ~ ~ I e
m >;xJ iliili ~
'" C'lm ~ ~ ~~"'ili~
0 ~~ ~ ~ nu~ ilig l: t'"' I
0> :E;; ;xJ z ~~ ~ >
m m ---l
;xJ ;;.- '" ." C'l'" ." ()
m Qcn ---l 0 ~~z~z m> 0 0 0 0 ---l ---l ---l ---l :r
." j; ;xJ l:~ ;xJ t'f1 m ;xJ ;xJ ;xJ ;xJ ~
~ ;xJ~ ~~m~6 m m m m m
~~ S ~ z z z m
g~ ---l '" m m m m ~
C'l m ---l Z~~"T1cri 0 0 0 '" '0
m < ;xJ ---l ---l ---l ~ 0 0
0 m m -l;;o-lO~ ~~ en m m m ---l m ;xJ C
~ ;ij~ ~ ~ ffi~o~~ '" '" '" Z 0 Z 0
m." >'" > ---l ~ 0 ;xJ ---l ---l ~
",. ~dmffi~ c.'ili ;xJ ;xJ ." m ;; m '"
0> > ." ~ m z -< ~ fi C'l
C'l tD~5!'Jl -l: m 0 ---l e=
>l ;xJ 0 ~~ ;xJ ." > 0 ---l
m Z ~~~u1:-n 0 z ---l ."
m ~ ~ ." m -< 0 Z m
m l: > ."
'" 3;!1lC'lU; ~c ;;J ~ ;xJ z m z
C'l
---l l: m ~~{!l::: OJ m ~ z z Z
0 51 r ~ m c C'l G'l
OJ -10>0 ---l l: m
m 0 ;xJ ." 0
m 0 o~~::: z m OJ
;xJ 0 l: ;xJ OJ m
:E m :.o~ 0 ;xJ
m '" 0 l: m
~ ~ '" < ;xJ
;xJ 0 .. ~ '" m
Z m ---l ."
C'l m '0 ;xJ 0 z ;xJ ~
m m ~ .. ." m
" 0 C'l ~ ---l .- m C'l
---l m :r 0 ---l m
0 0 Q m ---l .'" 0
0 '" ." :>l
;xJ " ---l " 0
m ---l .., '"
'0 :r Z
-- m ~ .., 0 ;:;
~ ,. ---l ~ g .'" lJ)
0 m :n
m ---l Z lJ) ---l
;:; ~ 0 " "
---l ~ ." "
;xJ -< ~
m z >
m 0 ;xJ ~
'" ~ ~
> '"
;xJ :n
~
~ lWI1W!!f 0'llWIllMl0fll
(J~ LAYOUT PLAN C3 LAND DEVELOPMENT LLC
sYl
~ ....l
!il
0\
~
BROWNS CREEK RESERVE
STILLWATER, MN
C>WP8.'S ADOrnS
10790 NORWOOD AVE. N.
STILLWATER, MN 55082
5620 MEMORIAL AVENUE NORTH, STIllWAnR. MN 55082
Pbo." (651) 439-88]) Pu 16511 4JMl31
Wtbsltr: www.ffr-inc.com
,'Hff
~
~ ~ ~
CD >
5 III
~
VlL U)>U'J<:..u u-
~~gs~~~}~
~'~2~~6~~~
~~~5~~2~~
i':J "'nCll~
'"' ~'~ ~
---- -_.._._-~- - -----.-----.- ... ' -
u -- --_._,_.._-----~- --.1-- ----
- --. -~--_._--, - ._----- ,
NO RFV:SION ;)~SCRIPTIOf'\ )A " :Iltl,l,wr-, buCl(;
I
.
.
.
~H~ate~
THE BIRTHPLACE OF MINNESOTA ~
TO:
Mayor & City Council
Bill Turnblad, Community Development Director~ T.
September 15, 2006
FROM:
DATE:
MEeTING DATE:
REGARDING:
September 19, 2006
Downtown Height Ordinance Amendment
BACKGROUND
The downtown height ordinance was adopted in March of this year. Its purpose is to
protect the St. Croix River viewshed. As often occurs with new ordinances, they need
to be slightly modified to address issues that were not anticipated during the
development of the ordinance. Such is the case with the downtown height ordinance.
Subsequent to its adoption it has been discovered that the height restriction in each of
the five separate height zones has a vaguery. The height in each zone is restricted to X
number of stories, or X number of feet. It is not specific whether that means "whichever
is less", or "whichever is more".
Consequently, the City Council directed staff to bring the issue to the Planning
Commission to discuss and hold a public hearing. That was done on August 14, 2006.
COMMENTS
Please see the attached planning report and Planning Commission minutes for details of
the discussion.
ALTERNATIVES
The City Council could either approve the first reading of the ordinance included in the
attached planning report, or it could table the first reading.
CBn Height Ord.
September 15,2006
Page 2 of2
"
RECOMMENDATIONS
.
Planning Commission Recommendation
On August 14, 2006 the Planning Commission recommended amending the ordinance
by adding the language /I whichever is less" to the height limit in each downtown
building height district. If the City Council agrees with this recommended revision, it
could adopt the first reading of the ordinance, since this is the language that has been
written into the revised ordinance.
Staff Recommendation
City staff recommends a balance between the two public purposes at issue. On the one
hand it is important to encourage preservation of the 19th Century character of three
story buildings downtown. On the other hand if taken to an extreme, a three story
building downtown could be built with a height of 45 feet. This would be inconsistent
with the other public purpose at issue, which is protecting the St. Croix River viewshed.
Staff believes that a 37 foot height limit in the CBDH zone would be in keeping with
both public purposes. Therefore, staff recommends the following:
Replace the 35 foot height limit in the CBDH zone, with a 37 foot height limit.
This would allow the re-creation of historical dimensions found in the first floor
retail space of the latter 19th Century. In addition, add the language "whichever
is less" in the other four height districts, since first floor retail space is not as
historically significant in those districts.
.
attachments:
Planning Report wi PC Minutes and Revised Ordinance
.
.
.
.
~i1~ate~
THE BIRTHPLACE 0, MINNESOTA)
PLANNING REPORT
DATE:
Septennber14,2006
CASE NO.: 06-05jZAT
APPLICANT: City of Stillwater
REQUEST: Annend Height Overlay District Ordinance for Downtown
REVIEWED BY: Dave Magnuson, City Attorney; Mike Pogge, City Planner
PREPARED BY: Bill Turnblad, Community Developnnent Director
BACKGROUND
A recent downtown developnnent proposal tested the City's new height ordinance.
Consequently, the City Council has directed staff to examine revising the ordinance.
Each of the five zones in the downtown height district sets the height limit for new
buildings at a specific nunnber of stories or a specific height. For exannple, in the CBDH
zone (Central Business District - Historic) the height of a new building is limited to "3
stories or 35 feet". What the recent downtown developnnent proposal brought to light
was that it is not clear whether the height limits should be interpreted as "whichever is
greater" or "whichever is less".
Therefore, the City Council requested that the Planning Commission consider an
annendm.ent to clarify the annbiguity. The Planning Commission held a public hearing
on August 14, 2006 to consider the issue.
SPECIFIC REQUEST
Consider amending Ordinance No. 969 (attached) by specifying that the height limit for
each of the five height overlay zones in the Central Business District is limited to "X"
stories or "X" feet, whichever is less. Currently the height is limited to "X" stories or
"X" feet without clarifying whether the lesser or greater of the two nneasures is
intended.
Height Ord. Amendment
September 14, 2006
Page 2 of 10
.
DISCUSSION OF ISSUES
Currently, the vagueness associated with the height limits has to be interpreted in favor
of the landowner. Which is to say, the current language is interpreted to mean that the
height limit downtown is "X" feet or "X" stories, whichever is greater. The City
Council requested the Planning Commission to consider whether this is appropriate.
And, if not, to consider changing the ordinance to specifically read: ... "whichever is
less". To envision how this amendment would read, Ordinance 969 is attached with
this revision.
At first glance, adding the clause "whichever is less" seems relatively innocuous.
However, the Stillwater Commercial Historic District is on the National Register of
Historic Places. As such it is protected by a body of federal regulations that have as its
intent the preservation of the significant historical resources and character of the
district. A part of that historical character is commercial space on the ground floor.
Limiting a building to 35 feet in this historic district would have a dramatic impact on
buildings that are attempting to recreate the historic three story building with retail
space on the first floor.
The ground floors of most of the 19th Century buildings downtown were used for retail .
space. It was not unusual for these ground floors to have 12 feet to the ceiling. As seen
in the attached drawing, a typical three story building with a 12 foot ground floor
would have a parapet height of 37 feet. Consequently, if an absolute height limit of 35
feet is imposed, then the ground floor would have to be reduced to 10 feet. A 10-foot
ceiling would not be able to reproduce the feeling of the 19th Century retail space.
On the other hand, without some height limit to accompany the three-story zone, the
buildings could easily reach over 45 feet tall with 10 or 12 foot ceilings on each story
and a pitched roof. In this scenario, the three story building would be 10 feet greater
than the envisioned 35 foot height limit in the CBDH zone. That could have the
potential of blocking views that are intended to be protected by the new height
ordinance.
AL TERNA liVES
The City Council has at least the following options:
1. Leave Ordinance 969 as it is, which would have the effect of allowing an X-story
tall building, or X feet, whichever is greater.
.
.
.
.
Height Ord. Amendment
September 14, 2006
Page 3 of 10
2. Amend Ordinance 969 by adding the language" whichever is less" to the height
limit in each downtown building height district.
3. Amend Ordinance 969 by replacing the 35 foot height limit in the CBDH zone,
with a 37 foot height limit. This allows the re-creation of historical dimensions
found in the first floor retail space of the latter 19th Century. In addition, add the
language" whichever is less" in the other four height districts, since first floor
retail space is not as historically significant in those districts.
4. Continue the public hearing.
RECOMMENDA liONS
Planning Commission Recommendation
On August 14, 2006 the Planning Commission recommended Alternative 2, which is to
add the language "whichever is less" to each downtown height district. The Planning
Commission minutes are attached.
Staff Recommendation
City staff recommends a balance between the two public purposes at issue. On the one
hand it is important to encourage preservation of the 19th Century character of three
story buildings downtown. On the other hand if taken to an extreme, a three story
building downtown could be built with a height of 45 feet. This would be inconsistent
with the other public purpose at issue, which is protecting the St. Croix River viewshed.
Staff believes that a 37 foot height limit in the CBDH zone would be in keeping with
both public purposes. Therefore, we recommend Alternative 3 above.
attachments: Ord. 969 Revisions
Sketch of typical 3-story historic retail building
Excerpt from 8/14/06 Planning Commission Meeting
Height Ord. Amendment
September 14, 2006
Page 4 of 10
ORDINANCE NO.: 969
.
AN ORDINANCE AMENDING THE STILL WATER
CODE, CHAPTER 31 ENTITLED ZONING ORDINANCE
BY AMENDING "THE ZONING MAP OF THE CITY"
TO REZONE PROPERTY WITHIN THE
CENTRAL BUSINESS DISTRICT (CBD) AND
RB-TWO FAMILY DISTRICT (RB) BY CREATING
OVERLAY DISTRICTS TO KNOWN AS THE
CENTRAL BUSINESS DISTRICT RIVERSIDE (CBDR),
CENTRAL BUSINESS DISTRICT P ARKSIDE (CBDP),
CENTRAL BUSINESS DISTRICT HISTORIC (CBDH),
CENTRAL BUSINESS DISTRICT BLUFFSIDE (CBDB), AND
CENTRAL BUSINESS DISTRICT BLUFFTOP (CBDBT)
The City Council of the City of Stillwater does ordain:
1.
PURPOSE. The City Council finds that the Central Business District (CBD) has been the
core area of the City and its most identifiable resource. Since 1930 when Lowell Park
was established through the generosity of Elmore Lowell and the cooperation of the
Federal Government WP A program, Lowell Park and the downtown have served as the
gateway to the City. The CBD has become a desirable place to work, shop, live and
enjoy cultural and recreational activities and it is therefore apparent that regulations be
adopted that will preserve and enhance the essential character of the downtown and that
structures be limited in height in order that structures close to the river not rise above the
height of structures farther from the river.
.
2. AMENDING.
A.
adding subsections
that will hereafter read as
CBDR-Central Business District and RB Two Family District Riverside
CBDP-Central Business District Parkside
CBDH-Central Business District Historic
CBDB-Central Business District Bluffside
CBDBT -Central Business District Blufftop"
B.
Section 31-1, Subd. 17, CBD-central business district and RB- two family
district, are amended by adding subsection (6) a, b, c, and d that will read as
follows:
e
Height Ord. Amendment
September 14, 2006
Page 5 of 10
.
.
"(6) Overlay district regulations.
a. In addition to, and not in lieu of other official controls, all
buildings and uses hereafter proposed for construction, whether on
existing vacant parcels or parcels being vacated because of
demolition or destruction of an existing structure, are subject to the
standards regulations and provision of the Central Business District
Riverside ("CBDR").
b. In addition to, and not in lieu of other official controls, all
buildings and uses hereafter proposed for construction, whether on
existing vacant parcels or parcels being vacated because of
demolition or destruction of an existing structure, are subject to the
standards regulations and provision of the Central Business District
Parkside ("CBDP").
c. In addition to, and not in lieu of other official controls, all
buildings and uses hereafter proposed for construction, whether on
existing vacant parcels or parcels being vacated because of
demolition or destruction of an existing structure, are subject to the
standards regulations and provision of the Central Business District
His.toric ("CBDH").
In addition to, and not in lieu of other official controls, all
buildings and uses hereafter proposed for construction, whether on
existing vacant parcels or parcels being vacated because of
demolition or destruction of an existing structure, are subject to the
standards regulations and provision of the Central Business District
Bluffside ("CBDB").
d.
e. In addition to, and not in lieu of other official controls, all
buildings and uses hereafter proposed for construction, whether on
existing vacant parcels or parcels being vacated because of
demolition or destruction of an existing structure, are subject to the
standards regulations and provision of the Central Business District
Blufftop ("CBDBT)."
C. Section 31-1, Subd. 17(5), General regulations, is amended by adding a new
subsection "a" that will hereafter read as follows:
"a. Height of buildings:
1. CBDR-Central Business District Riverside.
Maximum 1.5 stories or 20
measured from the front street level
.
Height Ord. Amendment
September 14, 2006
Page 6 of 10
Infill for vacant lots immediately adjacent to an existing
building to within 10% higher or lower than the
adj acent building.
CBDP-Central Business District Parkside.
Maximum 2.5 stories or 30 feet__
measured from the front street level
Infill for vacant lots immediately adjacent to an existing
building to within 10% higher or lower than the
adjacent building.
3. CBDH-Central Business District Historic.
.
2.
Maximum 3 stories or 35
measured from the front street level
Infill for vacant lots immediately adjacent to an existing
building to within 10% higher or lower than the
adj acent building.
4. CBDB-Central Business District Bluffside.
Maximum 4 stories or 45
measured from the front street level
Infill for vacant lots immediately adjacent to an existing
building to within 10% higher or lower than the
adjacent building.
CBDBT -Central Business District Blufftop.
Maximum 3 stories or 35
measured from the front street level
.
5.
Infill for vacant lots immediately adjacent to an existing
building to within 10% higher or lower than the
adjacent building."
D. Section 31-1, Subd. 12(5)a, Development regulations, IS amended by adding
(5)a.8., which will hereafter read as follows:
"8. Height limitations for parcels
within the RB-two family
district, subject to the CBDR
Riverside overlay district.
Maximum 1.5 stories or 20 feetl
measured from
front street level."
E. General regulations. In all overlay districts created by this ordinance, the
following regulations will apply:
e
.
.
.
Height Ord. Amendment
September 14, 2006
Page 7 of 10
For flat roofed buildings, height will be measured from the lowest street
curb level to the highest parapet wall of the proposed building.
For peaked roofed buildings, height will be measured from the lowest curb
level to the highest roof peak of the proposed building.
ill areas within the flood plain as depicted on the FEMA "Flood illsurance
Rate Map," height will be measured starting from one (1) foot above the
regional flood elevation of the property.
All properties abutting on Main Street with frontage on more than one
street must have height measurements taken from the Main Street side.
All properties along Third Street must have height measured from the
Third Street side.
f. Building s existing on April 18, 2006 will, for the purpose ofthis
ordinance, will be in lawful height conformance for purposes of
improvements, repairs, remodeling, or refinancing. This provision will
not apply to buildings that are intentionally demolished.
a.
b.
c.
d.
e.
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 18th day of April, 2006.
By
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk
City of
.t~
Height
Overlay Distriot
Height Height
District Limit
Height Ord. Amendment
September 14, 2006
Page 8 of 10
"'-'~~:::~ i -----
'wf
"'.
'REEl
i--
I
t=J
i ~'.:
I \ \
/~. J,-' --'-- -
',j/j;~,~\~\ \
" \
I , _~...-- ,\. ___.~.-
.I.' .Jl. ' ,-<S1 vt.-,.
~\ 'r-~---.~ \z-~-~~>~...
I ~\ ,\ ,.'9>'
\" , ' .' -I,
~'--"""" - ,-.~\
- I :t.\:;~..-...-~- \,
1 S.-r~ ..
Riverside
Parkside
Historic
Bluffside
Bluff Top
-
-
-
1.5 Story/20'
2.5 Story/30'
3 Story/35'
4 Story/45'
3 Story/35'
-
~
~~-{'?>~~
....\r:,y>;~ .
~S"'~~~
\\'\~
SAINT
CROIX
RIVER
o
N
",.A..,,,-
~~,..
W."": ~"E
\'l}l"~;
s ':
400 Fee~ I
/
----;'\
'I
I!
II
[I
I
:,
il
II
!i
.
Ii
i:
ii
II
Ii
I'
.
!I
I,
~ l
"
.
,...~:....nm....u...... nu
I
I
I
J
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~.I
~j
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Height Ord. Amendment
September 14, 2006
Page 9 of 10
Typical3-Story
Historic CBD Building
.
2-foo1::o_~iljrig
......_..._-...-.
2foot.gei_ling
2,fo9t:"Q~Wil-g
".,apel,:3 II
'Third floor
R1,o:of.wa.tJs
S:e-conJ:flq,O_f
'g: fOQt-walls
G:roundo-flQor
12 footwans
Height Ord. Amendment
September 14, 2006
Page 10 of 10
City of Stillwater
Planning Commission
August 14, 2006
.
EXCERPT
Present: Chair Robert Gag, Suzanne Block, Gregg Carlsen, Mike Dahlquist, David Junker, Brad
Meinke, Dave Middleton, David Peroceschi,
Others: Community Development Director Bill Tumblad and Planner Mike Pogge
Chairman Gag called the meeting to order at 7 p.m.
Approval of Minutes: Mr. Peroceschi, seconded by Mr. Dahlquist, moved approval of the minutes of July 10,
2006, as presented. Motion passed unanimously.
PUBLIC HEARINGS
Case No. ZAT/06-05. A zoning test amendment to the CBD Height Regulations. City of Stillwater, applicant.
Mr. Tumblad explained the recent proposal submitted for 227 N. Main St., the Stefan project, raised a question
about the interpretation of the new downtown height overlay district. He noted the current language limits structures
to a certain number of stories or a certain height in feet. The question that came up in the Stefan proposal was
whether that language was to be interpreted as the number of stories or height in feet, whichever is less or whichever
is greater. Mr. Tumblad reviewed the arguments for the "whichever is less" and "whichever is greater" language.
Mr. Gag opened the public hearing. Vem Stefan, 717 Sixth Ave. S., suggested putting a number, in height, to .
eliminate misinterpretation. Mr. Stefan noted that it is not possible to have three floors and 35 feet and meet state
codes - it shouldn't be three floors, it should be two floors, if that is the City's intent.
No other comments were received, and the hearing was closed. Mr. Junker said in all the previous discussions and
hearings, the focus was height. He said when he voted on the height overlay district, he was under the assumption
that the limit was the lesser of the allowable number of stories or height. Mr. Junker said the current language
suggests that the greater number is allowable. Mr. Middleton suggested taking out the language specifying stories
and just stating maximum height. Ms. Block suggested allowing 37' which would enable a three-story structure to
built and meet state code; she asked whether 35' took into account that a three-story building cannot be constructed
and meet code. Mr. Gag said he would be comfortable with eliminating language stipulating stories and staying with
height. Mr. Middleton pointed out that a three-story building could be constructed at 35', it just wouldn't have the
historical feel of the high ceilings for retail space. M~. Block spoke in favor oflanguage that allows a building of
three stories or 37' in height. Mr. Dahlquist said what was being suggested is some more research to verify that the
height numbers are correct.
Mr. Junker moved to add verbiage limiting stories and height to ''whichever is less" in all five categories ofthe
height overlay zones, leaving everything else as is. Mr. Meinke seconded the motion. Mr. Tumblad asked that the
motion include the housekeeping changes related to Section references. Mr. Junker agreed to include those changes
in his motion; Mr. Meinke agreed to second with those changes. Motion passed unanimously. Ms. Block moved to
review the numbers in the height overlay district to ensure that the stories indicated match an appropriate minimum
number of feet required by Minnesota building codes to build each of the referenced number of stories. Mr.
Dahlquist seconded the motion. Mr. Dahlquist also suggested that height ofthe existing buildings be documented.
Mr. Dahlquist also said he would not favor having a flat line appearance to Main Street. Motion failed on a 4-4 vote.
.
.
.
.
MEMORANDUM
TO:
Mayor and City Council
~
Shawn Sanders, Interim Public Works Director
FROM:
DATE: September 12,2006
SUBJECT: 2006 Street Reconstruction Project
Assessment Hearing and Adoption of Assessment Roll
Proj ect 2006-02
DISCUSSION:
The work for the 2006 Street Improvement is substantially completed. The project
included reconstruction of streets in the Forest Hills neighborhood, new storm sewer,
replacement ofwatermain and sanitary sewer and replacement ofthe street lights. The
final project cost is estimated at $1,600,895.54, which includes engineering,
administration and construction.
The proposed assessed cost to the property owners is $665,410.73 and the City's share is
$935,484.81. The assessment rates are as follows:
Street Assessment
regular $7585.86 per lot
comer $3792.93 per side improved
$67.67 per frontage foot-ISD 834
Street Lights
$277.50 per lot
The assessment period would be for 10 years at an interest rate of 6.00%.
To date, we have not received any letter of objections.
RECOMMENDATION:
Staff recommends that Council hold the assessment hearing and adopts the attached
assessment roll for the 2006 Street Improvement Project as submitted
ACTION REQUIRED:
If Council concurs with the staff recommendation, they should conduct the public hearing
and pass a motion adopting Resolution No. 2006-_, RESOLUTION ADOPTING
ASSESSMENT FOR THE 2006 STREET IMPROVEMENT PROJECT
BOUTWELL ROAD IMPROVEMENTS (PROJECT 2006-02)
RESOLUTION ADOPTING ASSESSMENT FOR
2006 STREET IMPROVEMENT PROJECT
(PROJECT 2006-02, L.I. 369)
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard.
and passed upon all objections to the proposed assessment 2006 Street Improvement Project for the
following area.
Bergens Forest Hills Addition 1 and 2 including adjacent properties north of Orleans Street between
Everett Street and South Sixth Street; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of ten (10)
years, the first of the installments to be payable on or before the fIrst Monday in January 2007, and
shall bear interest at the rate of six percent per annum from the date of the adoption of this assessment
resolutions. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2006. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay thA
entire assessment on such property, with interest accrued to the date of payment, to the City 01'
Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS
PAID BY NOVEMBER 15, 2006. If the assessment is not paid by November 15, 2006, accrued
interest from the date of the adoption of the assessment roll through December 31, 2006 will be added
with the first installment due in 2007. If payment is not received by November 15,2006, the amount
listed above will be collected over a lO-year period with interest added at 6 % per year on the unpaid
balance. The yearly installments will be collected with the property taxes that are paid to Washington
County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal
balance (in whole or part) to the City of Stillwater.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
Adopted by the council this 19th day of September 2006.
ATTEST:
Jay L. Kimble, Mayor
Diane F . Ward, City Clerk
.
"'U
g.
CD
U
N
o
o
~
.
:J:
cO'
2:
cO'
:::r
CD
Co
S'
CD
en
Dl
<il
N
::J
Co
.-+
Dl
X
.
..-
IWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
~WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO~
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWm
0000000000000000000000000000000000000000000
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNO
00000000000000000000000000000000000000000000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~o
00000000000000000000000000000000000000000000
~8888888888~~~~~~~~~~~~~~~~~~~~ggggggggg~ggm
om~~m~~WN~om~~m~~WN~om~~m~~WN~om~~m~~WN~~~W
"'U
Dl
CO
CD
rororororororororororororororororororororororororororororororororororororororororororo
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
""""""""""""""""""""'" ~
""""""""""""""""""""'" X
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz_~
CD ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~NX
ooooooooooooooooooooooooooooooooooooooooooo~.~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
een
~~~~
~~~~~~~~~~~~w~~F~
~~~~~~~~~~~~~~~3m
~~~~~~~~~~~~NNIDm~
rorororororororororororomNwen~
mmmmmmmmmmmmwoID
~~~~~~~~~~~~~~~~~~~~~~~~~~
bbbbbbbbbbbbbbbbbbbbbbbbbb
~~ro~~~~~~~~~~~~~ro~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~
rorororororororororororororororororororororororororo
mmmmmmmmmmmmmmmmmmmmmmmmmm
~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
,en
-~
~~
:J:m
o~m
en~
NNNNNNNNNNNNNNNNNNNNNNNNNN
~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~
00000000000000000000000000
NNNNNNNNNNNN
~~~~~~~~~~~~
~~~~~~~~~~~~
~~~~~~~~~~~~
000000000000
~~
~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~)>~
~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~enO
~~m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WWWWWWWWWWWWWWWWWWWwwwwwwwooWWWWWWWWWWWWNNmz~
wwwwwwwwwwwwwwwwwwwwwwwwwwoowwwwwwwWWWWwmNw~1
mmmmmmmmmmmmmmmmmmmmmmmmmmoommmmmmmmmmmmwoID
a~
CD en
Cil CD
en en
_en
~3
~ CD
_:l
CD -
en~
~ ~.
o
Co
.....
o
~
CD
~
iil
N
o
o
en
en"TI
~-
~z
....m)>
"'m,
~~)>
O-en
t..S:en
m~m
O~en
~Oen
N<s:
gS:m
enmz
6z~
N~~
~O
~,
0,
t..
m
o
~
!'a
<il
m-
en
,
cO'
:::r
!if
)>
en
en
CD
en
en
3
CD
~
ill
~
~
-~
~
~
~m~
N ~.
~. N
~mW
~ :::::'-g
S?~~
-o~-o
---. en ---.
000
-0 :::r-o
CD 0 CD
;::l-O;::l-
'< ...::::: '<
"'0
02.
(1)
g.
N
o
o
Ol
I
o
N
"'0
Dl
CO
(1)
N
o
-
N
I
cO'
2:
cO'
=:!"
~
S'
(1)
(fl
Dl
ro
N
~
0..
iii
><
U
Dl
"<
(1)
iil
wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
000000000000000000000000000000000000000
wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
000000000000000000000000000000000000000
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
000000000000000000000000000000000000000
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
000000000000000000000000000000000000000
000000000000000000000000000000000000000
~~~~~~~~~~~~~~~m~~~~~~~~~~~~~~g~~~~~tt~
~~mm~~~~~~~~~~~mmm~~~~~~~~~~~mmmmm~~mm
OO~~OOON~~~OOOOOOOOOO~~~~~OOOOOOOOOOOO
OOl~NOW~~O~NO~Ol~NOl~N~~ID~W~~ID~Ol~ID~~W~W~~Ol
II~~~~~~~~~~~~~~~~mmmmmmmmIII~~~~~mmII
>~00>>>>>>>>>>>000<<<<<<<<>>>00000<<>>
~~~~ZZZZZZZZZZZ~~~mmmmmmmm~~~~~~~~mm~~
~~zzrororororororororororozzz~~~~~~~~~~~ZZZZZ~~~~
~~~~~~~~~~~~~~~~~~99999999~~~~~~~~99~~
ww www wwwww
aa aaa aaaaa
mm mmm mmmmm
~~O~~^~ro~I~Oro~~O~~~~O>~~OIQO~~~~~~O"'O~~"'OWW
>>>o>m>>Im ~o --~-~Z~I>->>-I-I> mOIO>~>
"zro~z-<~ozw>roI~~~~>o~o~~~z~oFoc~~'Oo~m~
~m~mffi~^Zmz~-<~~-<~o,mz>>rn>Q~rn~~m-<ffi>~~~~o~~~z~~~
,~O m > ~>~~ m m >O~~'m> >0 ~ >mo ~
~~~~~~www~I~~~oo~,m~>wF~w~,w~wm~~~w-<~~c
oo~ro ~>~~~~O~OIO~I~~~m~oc~~~~~>^~~z>> ~
~~Z~~~~O~ ~~QO~~W~~~^~>>~~F~~~~mw~~~~~o
~~~~~~~~~~~~~~~~~~Q~~~~~~~~~~~~~~~~~~~~
~-<~-<~g~m~~~i~-<~~~~~~~~o^Z~~~~~~~~~~~ izw~~z~
~z >'^z~ ~>Q>~ VI ~~'O~' w~> ~>mro
zZ~m~~ow~ >~ ~Iwm ImOcmmc, ~ ffiI"'OZ~>
66~~i~~~~~ ~~~~~~~~~~8^~~~~~~ P ~~~~~~
~~~~~~rnI-<~ ~~8~~~~~w~~ ~-<~~~ ~ ~i~>m~
~~ Qw~~ i m~~O~F~ w~~ w ~~~ Q ZOC~~Z
mm m ^~ ~ ~c ZQ N Z W 0 ~ Wo Wc w
^^ ~ ~ ^ Ww > 0 m w> 0
w w ~ Z I ~ Z ~~ >
~ ,0 ,
m ~ ,
~ ~
-<
oooooo~~oooooooooooooooooooooo~~~oooooooooooooooo~~~~~~~~~~~~
OOOOlOlOOON~~~OOOOOlOlOlOOO~~~~~OOOOlOlOlOlOlOOOlOl
OlOl~~~W~~O~NO~Ol~NOOO~~ID~W~~ID~Ol~ooooow~oo
IIINO~~~~~~~~~~~Ol~NmmmmmmmmIIIID~~W~mm~Ol
>>>~~>>>>>>>>>>>~~~<<<<<<<<>>>~~~~~<<w~
~~~OO-----------ooommmmmmmm~~~ooooommI~
~~~~~ZZZZZZZZZZZ~~~~~~~~~~~~~~~~~~~~~>~
---Zzrororororororororororo mmmmmmmm--- mm ~
mmm OOOOOOOOOOOZZZ . mmmZZZZZ ~~
~~~ZZ~~~~~~~~~~~ZZZ~~~~~~~~~~~ZZZZZ~~~~
OOOQQ QQQooooooooOOOQQQQQoom
~~~wwOOOOOOOOOOOwww ~~~wwwww ~w
--~~~~~~~~~~~---~~~~~~~~ -----~~ ~
wwwoo 000 w WWOOOOO w
mm mmm mmmmm
o~ ~~~ ~~~~~
~o 000 00000
wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
""""""""""""""""""'"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
000000000000000000000000000000000000000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
rorororororororororororororororororororororororororororororororororororororo
0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
00000000000000000000000000000000000000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
0000000000000000000000000000000000000000000000000000000000000000000000000000
~0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l
OWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
OWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
00l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l0l
W
W
OG')
~m
NO
00
~O
00
l2m
, ~.
a~
CD III
(jl (\l
Ul III
I
~ ~.
o
Co
.....
o
"<
(\l
l>>
Cil
'"
o
o
0)
en~
~-
;oZ
"tIm~
;omr-
O~~
'-3:(1)
m"tl(l)
O;om
i4i
6Z~
"'~;:u
"tI0
;:U,
0,
~
m
o
~
~
(fl
(1)
(fl
en
~ SQ 3
C(l) (1)
~~ ro a
~ -;:u (1) ii3
~ em Cii ~
~ :::!m ,
~ m~ cO' ~
~ enQo ;::r ~
Ol en ~
00
~ ~Ol~
r-en N ~.
-~ ~. N
N G');:u ~OlW
. ~u
~ Im ~---(1)
~ ~m ~
~ en~
0 a
u
(1) (1)
~ ~~ ;::+0;::+
~ eno '< ...::; '<
00 s::~
Ol . ~
W ~r-
W
Ol
MEMORANDUM
.
TO:
Mayor and City Council
Shawn Sanders, ~rim Public Works Director
FROM:
DATE:
September 11, 2006
SUBJECT: Second and Nelson Storm Sewer Improvements
Assessment Hearing
Project 2006-089613
DISCUSSION:
This project improves the storm sewer system at the intersection of Second and Nelson
Street. This project consists of replacing the existing pipe with a bigger pipe and
reconstructing the damaged section of road on Second Street and Nelson Alley. The
estimated total cost ofthis project is $165,777.79
It is proposed to assess the contributing area in the drainage district a rate $0.045 per
square foot or $ 1960.2/acre. The drainage district has a net assessable area of 58.52 acres,
which amounts to $114,719.57 in assessments. The Storm Water Utility Fund, would pay
. for remaining costs.
To date, we have received no objections to the assessments
RECOMMENDATION:
Staff recommends that Council hold the hearing, consider assessment for the property
owners in the drainage district and adopt the attached assessment roll as submitted.
ACTION REQUIRED:
Conduct the public hearing and should Council concur with the staff recommendation,
they should pass a motion adopting Resolution No. 2006_, RESOLUTION
ADOPTING ASSESSMENTS FOR SECOND AND NELSON STOMR SEWER
IMPROVEMENTS (PROJECT 2006-08).
.
RESOLUTION ADOPTING ASSESSMENT FOR
2nd & NELSON STORM SEWER PROJECT
(pROJECT 2006-08, L.I. 370)
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and hear.
and passed upon all objections to the proposed assessment 2nd & Nelson Storm Sewer Project for the
following area.
Properties with in the described boundary of East of William Street; South of West Olive Street;
West of Second Street and North of Hancock Street; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of ten (10)
years, the first of the installments to be payable on or before the first Monday in January 2007, and
shall bear interest at the rate of six percent per annum from the date of the adoption of this assessment
resolutions. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2006. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the
entire assessment on such property, with interest accrued to the date of payment, to the City of
Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS
PAID BY NOVEMBER 15, 2006. If the assessment is not paid by November 15, 2006, accrued
interest from the date of the adoption of the assessment roll through December 31, 2006 will be added
with the first installment due in 2007. If payment is not received by November 15, 2006, the amount
listed above will be collected over a lO-year period with interest added at 6 % per year on the unpaid
balance. The yearly installments will be collected with the property taxes that are paid to Washington
County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal
balance (in whole or part) to the City of Stillwater.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
Adopted by the council this 19th day of September 2006.
ATTEST:
Jay L. Kimble, Mayor
Diane F. Ward, City Clerk
e
....
III
-
It)
'Ot
o
~
Q)
.~
-
c:
Q)
E
III
III
Q)
III
III
<C
I-
U
W
.,
o
0::
...Ie..
...10::
Ow
0::3:00
I-w9
Z(I)CD
w 0
==~~
(1)01-
(l)I-U
W(I)W
.(1) Z a
00::
...I(1)e..
<C...I
ZW
-Z
LLC
Z
<C
c
Z
N
~
n:l
Q)
>-
0
.....
't:l
0
"t: ~
Q) co
e.. CD
- Q)
c: -
Q) n:l
E 0:: 0..
- ....
III III
III ~
Q)
. Q)
-
c:
_~m~~~oO~~~~ONm~~~~~m~~~~oo~~~~~~~~
~o~~mN~~~OO~~~~~~~~~~~mN~~O~~~~~O~O
Q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Em~~~~~~~o~~mN~~O~N~~~~~m~o~m~~~~mN
~~OO~~~~~~~o~~o~~o~~~m~~~~~oo~~~~~
~~~~~~~~~ ~~~~N~~~~~NN~NN~N~~~~~~~~
~
(l)
~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
OJ
~~O~~~~~NN~~~~~~m~~m~oo~~~~~~~~~m~~~
~~~0~~~~~~~q~~~0~0~~~~~q~~~0~~~0~~m0
.c......~ . '0 . .~ .~m~ . .~~..... . . . .~ . . . . . '0 .~o 'N
-~oN~m~~~N~~~~mN~~.~OO~~m~N~o~m~o~oo_
b(l)m~mmm~~~~~~~NO~~N~~OOmm~oo~~~~~~N~
~~O~~~---O~~N~~~~~~m~~~O~~~O~~~~~N~~
o~~~~m~roro~~~~~~~~~~roro~~~m~mm~N~m~~m~
o
sss
~............
~enenen
w
0::
C
C 0
<t 0:::
~W:)W
o::z:::!z
wa::sa::
o..m~~
0000
o::~~~
0..
Sssssenenenssenenensssenens
............................................................................
en en en en en en en en en en en en en en en en en en en
WWW
000000
00 O~~~ ............ ~~O
o:::~ ~ooo ~~~ I I 0:::
W:)~W~~~~WW~~~WWW~~:)
~:::!:::!~:::!ooo~~~~~~~~~~:::!
QSSQSIIIQQIIIQQQ~~S
~o~-~~o~m_~~~~~m~_~
~N~OM~~O~N~~~OO~o~~
~~~~~~~~~~~~~~~~~~~
senensensC/)enC/)en
............1-........................
enenenC/)enenenenenC/)
o
0:::
~
::JOO~I~IIII
~~~a::toa::totototo
~~~~~~~O~N
C\I-r-T"""NOT"""T"""C\I0,....
~~~~~~~~~~
z Q z 05 ~
~ 0 s 0 o:::~ O:::en I
2 >- 0::: en 0 ~ W0 go::: 0 ~
~ W W ~ 3 W Oz z~ ~ ~
~~~~~ ~ z ~ I 0 lliz ZWz > N en
()o:)()W ~ ~ ~ Q ~ ~O:::~~~~~W W Z 0
iffiffii~.~ ~ ~~ W~ ~ ~~~~~~~.~ ~ ~ ~
00~0:)00 o:::WW....z. Z >-IO~~OwZ ~o::: Zz
8~I8~5> ~w~s~a::~ffizw.~w~~~z~zoWo~~~
(l)~~~~~ffi~~b~~~6~~~~Q~~~~~~=~~~~~g~~~
~....>~....~~~~~~~~5~~~~~~~~W~~Q~O:::S~~S~~I
zffi~~ffiw.~~~ mwen().~O~~~O:::~~~~.~~o:::S~()I()
;IO:::~I~wW0w~0:::~....Iz>-0:::.oI....enZ~~~z~w.w~00~
~()W~()-ZZ W~en~O:::Q >-~ en~~~~ >-~~""r~~~-
[~~~~~W~~~ZWIWW~~0~fw~0:::~~0:::~~~z~~~o::z
~O:::~:::!O:::I~~c~I~~~en~~~o~~oO:::~~w~:::!II~ ~ffiI
....0~S0....~~0:::0Q~~QQ~~QO~~~~~~Q~S()Q~~IOQ
~NN~NNNNNNNN~~NNNNNNNNNNNNNNNNNNN~
N~~N~~~~~~~~~N~~~~~~~~~~~~~~~~~~~~
O".....N~~gg~ggg~gggg~~gggg~gggggggggggggg~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(l)
o..~~zz~zzzzzzzzz>zzzzzzzzzzzzzzzzzzz>
....~~~~~~~~~~~~~~>~~~~~~~~~~~~~~~~~~~>
~ 0:::0::: o:::o:::o:::o:::o:::o:::o:::o:::~ 0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::
o ww wwwwwwww5....wwwwwwwwwwwwwwwwwww
~~ii~iiiiiiii~~iiiiiiiiiiiiiiiiiiig
~w~~w~~~~~~~~z ~~~~~~~~.~~~~~~~~~~~~
X"":::!:::!"":::!:::!:::!:::!:::!:::!:::!:::!Z~:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!:::!O
~en........en""""""""""""""""-O""""""""""""""""""""""""""I-""""""""""~
....wenenwenC/)enC/)enC/)enen~enC/)enC/)enC/)enenenC/)enenenenenenenC/)~C/)I
0::: ~ ~
(3 () en en en X
Oz Zo ~ s~~~ 0....C/).... C/)en S
_ .... men....C/) ............
~o::: ....O:::>OO....enWWW O....en.... ~~enenen Z
;~C/)en~>~~C/)o~~~~Q~....~sss~~ooo....ensen C/)enC/)~
~w""ww~~~wO:::oooo~O:::~O:::~~~IIO:::O:::O:::C/)""~""~I-""""~
~~enz~ :::!:::!Z:)()()()()C/)O:::o:::O::: ........:)~~oen C/) enC/)enO:::
i~Ia::~~ssa:::::!555~""~~~~~~~~:::!~~~~~I~III~
....~~s~a::SSSSIII~~C/)Iena::a::a::~~sssen~a::toa::tototoQ
(l)~ ~
~~ ~
5~~~~~0~~~~0~0~~~~~~m~~~~~~~~~~~0~0
~o~oO""'C\I""'O~""''''''OC\lO'''''''''''''''OO'''''O'''''''''''''''N''''''''''C\lO''''''''''NO'''''
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~mo-~~~~~~~mO~N~~~~~m~~_~~~mo_
~~~~~~~~~~~--""'--NNNNNNNNNNNOOOOO__
000000000""''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''0000000
wOooooooooooooooooooooooooooooooooo
c~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
00000000000000000000000000000000000
ONNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
0000000000000000000000000000000000
o~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
wOooooooooooooooooooooooooooooooooo
,ft~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
m~~~~~m
~~o~~~~
r--:cOoir--:""':Mr--:
~o~~~~~
~m~~~~N
~
(I)
~
(1l
Cl.
x
.;9
"0
C
N
(I)
...
(1l
(/)
(I)
~
"0
(I)
1:
.23
:c
OJ
:c
~o~~mN~
~~00~~~
. ~ .~~ . .
~~~~~~~
m-~-N~~
~~~~~~~
ssenenenss
............................
en en c/)c/) en en en
o 0
0::: 0:::
:)w :)w
~ZIII~Z
~a::t;t;t;~a::
Nm~~~~_
N,....,....C\I,....,....T"""
~~~~~~~
0::: Z
W W
B ~ a2
Z fll W
J: 0 00
() ....O:::~
C/) ~WI ""
o..~~ L.L
~~>-()s ~
O:::>o:::ww 0
ww~mz 0:::
IO:::~~>-~~
()0~W~>0
~Q~~>~~
I->-WI~
o~~Q~~Z
-WIW~ZW
~o:::()en~~~
o~~Q~~~
NNNNNNN
~~~~~~~
0000000
~~~~~~~
~~~~~~~
~
....
o
(I)
OJ
(1l
Q
ZZZZZZZ
~~~~~~~
0:::0:::0:::0:::0:::0:::0:::
WWWWWWW
!;;:!;;:!;;:!;;:!;;:!;;:!;;:
sssssss
~~~~~~~
~~~~~~~
~~~~~~~
en en en C/)en en en
S
I-
ens 0....
0....1-....C/)~C/)
0::: C/)en....~w
:)enIIC/):::!Z
:::!~t;t;ISa::
sa::enC/)t;ss
~
o
Nm~~~~~ ch
~~LO~U;~~ g
N
N~~~~~m tl
0000000 Q)
0000000 'e-
~~~~~~~ Q
0000000
NNNNNNC\l
0000000
~~~~~~C'?
0000000
cococo~cococo
NNNNNNC\l
....
III
-
to
~
o
ih
CJ)
-
cu
0::
-
I:
CJ)
E
III
III
CJ)
III
III
<(
I-
o
W
..,
o
0::
-10..
-10::
Ow
0:: 3:: co
I-w9
Z(I)CO
w 0
~~~
(1)01-
(1)1-0
m(l)w
(l)z'"
<(O~
-1(1)0..
<(-I
ZW
-z
LLC
Z
<(
C
Z
N
l!!
CU
CJ)
>-
0
'\"""
"C
0
'i: ~
CJ) 0
a.. CO
- Q;
I: -
CJ) CU
E 0::
-
III III
III e
CJ)
III CJ)
III -
<( I:
,
~O~IDOO~~M~~~M~~~~~m~~~
mmID~~~MM~~m~~m~ooomoooo~
mm~M~NONM~m~~~~mmNm~N~
m~ooo~~~~ID~IDMoo~~~m~~~M~
~~OM~~~MIDO~~~~M~OOMm~~M
..,f' ..,f
-O~OO~M~OO~~OOMIDIDIDIDmm~o
CMIDmO~~~mMID~M~mMIDOIDID
(1) . . . . . . . . . . . . . . . . . . . I
EO~ID~~MOO~OOOID~~~ID~~OOO
oom~mOO~IDIDM~~~~IDO~~~O
~~IDMMM~IDIDID~~~ID ~ID~OO~
~ -
III
~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
01
~~~~~~m~M~MOOoom~oo~OM~o
~~~~~Mm~~~~~~~~~~~~~O
~~~~~OOM~~~~~m~~~o~~~O
~IIlID~~~mOooooo~ID~oIDM~~OOO
C~O~m~~ID~~~O~~~~OMOOOO
O~~~NOOOO~~~~~Mm~~m~~~m
o
(/)(f)(f)S
~I--I--I--I--
~(/)(f)(f)(f)
w
0:::
C
C 0
<( a::
~III~
wtototo3:
a..O~~~OO
O~C'\I"r"'""
o:::~~~~
a..
S(/)SSS(/)S(f)(f)(f)~~SS
1--1--1--1--1--1--1--1--1--1--1--1--1--1--
(f)(/) (f)(/)(/)(f)(f)(/)(f)(f)(f)(f)(f)(f)
W
CO
0:2:
a:: 0
<(0
j...JwwwIwIIIIIwW
-O~~~I--~I--I--I--I--I--~~
SIa..a..o..~o..~~~~~o..o..
omm~~IDOO~~~OOID~M
~ ~ N C'\I <or""" or- ~ C\I ,0 NT'"" 0 T'"" C\I
~~~~~~~~~~~~~~
w
W CO
...JI-- Z
...JZ W
W<(> I
N<( a:: Z
~~~ I ~ ~
CO<(W 0 C3 0
I ...JOG ~ z IW
o a::(/)<(...J <(
~ WWO ~ ~ffi W
W OOO~...J~WI-- I ~
~ a::a::a::Z~I~(/)W ~O <(
~ ~~~~~~O~~r r~g :
W WWW~:2:ffiz<(~a:: a::6~ 0~
~~~~~...J~co~rCO<( <(:2:Z ZO
W:2:...J...J...J...Ja:::2:~a::r:2:0:2:-WW<(Z
1Ila::<(WWW~W~(/)~jl--...JI--(f)W~~<(
E ...JZZZ~0 ~0(f)...J(f)=...J<(~(/)
~~,ZZZ W~~~:2:~o..~>...J(f)~<(
Z' <(<(<( 0<(0~ OOO>OWWO
~Offi~~~COIW~I--~Ia::IOOI-- W
~~~0..0..0..<(W00a::'Oo..O~~a::~~
~ Z...J...J...J...JOa::~WZa::ra::~<(W-...J
~GZa::a::a::~~OI--CO>~I--~S...Jcojw
~-W<(<(<(<(a::W<(OwIdIOWO>1--
1--a::,~~~o..co00..a::~O~OWOa::>(f)
~~~~~~~~~~~~~~~~~~M
oooooooooooooooooooooooooooooooooooo~
a..1--'N&~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~
III
a..BzzzzzzZZZZZZZZZZZZZ
1--~:2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2:
~a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::
~WWWWWWWWWWWWWWWWWW
~~~~~~~~~~~~~~~~~~~~
~SSSSSSSSSSSSSSSSSSC
Q....J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...JZ
xdddddddddddddddddd<(
~I--I--I--I--I--I--I--I--I--I--I--I--I--I--I--I--I--I--O
I--(/)(f)(/)(/)(f)(/)(/)(f)(f)(/)(f)(f)(/)(f)(f)(/)(/)(f)(f)
SI-- Z
(f) ...J
- I--W a::
~ (/)COI--I--S 1--1--
~(/)(f)I--I--I--O:2:(f)(/)I--(f)I--SI--(f)I--(/)(f)r
~1--1--(/)(/)(f)a::OWW 1--(/)1--(f)1--(f)I--WI--
~(f)(f)III~OZZ~(/)I(f)I(f)I(/)Z~
~IItototod5~~ZI~~~I~I~~
I--toto(/)(/)(f)SISS~~(f)O(f)~~~SO
III
~ ~
a..5~~~~~Omm~~ID~OO~~OOID~~
I--~~~~~~~~~~~~~~~~~~N~
o~~ID~oomo~~M~~ID~oomo~
~~~~~~~MMM~~~~~~~IDID
0000000000000000000
WOOOOOOOOOOOOOOOOOOO
MMMMMMMMMMMMMMMMMMM
C~~~~~~~~~~~~~~~~~~~
OO~~~~~~~~~~~~~~~~~~~
0000000000000000000
OMMMMMMMMMMMMMMMMMMM
WOOOOOOOOOOOOOOOOOOO
1ft 00 000000 00 0000 000000 00 0000000000000000
~~~~~~~~~~~~~~~~~~~~
~~~~o~~ooOO~~IDoo~~OO~mm~oo~
~~~~~~IDO~~ID~~ID~~~o~oo~o
~ 'M ' '00 ' 'm~ . . . . 'ID~ '00 'm .
ID~Ooooo~m~~OOMm~mm~~oOOooM
~M~~oMoo~~~mm~MOO~m~~~~o
MMO~~~~oo~~mmMm~omID~mooO
~mmID~~m~~~~~ID~~~~~~~m~
(f)(/)S(/)(/)(/)S(f)
1--1--1--1--1--1--1--1--
(f)(f)(f)(f)(f)(/)(f)(f)
(/)S
1--1--
(/)(/)
SS (/)(/)W (f)(/)(f)WW
1--1--1--1--1--1--1--1--1-1-
(f)(f)(/)(/)(/)(/)(/) (f)(/)(/)
~
~ ~ S
<( ~ 0
jWIo...Jooc5WW
-~I--a::-ZZa::~~
So..~MS~~COo..o..
ID~ooooom~~oM
'l:""""NONT'""T'""MC'\IT"""C'\I
~~~<O~~~M~~
o
a::
<(
II~IIIjI
~~~~~~3:~
('t')T'""T'"""C"'""t'--NN~
~~000~~0
~~~IDIDID~<O
o
a::
<(
...J
~...J
1---
~S
~ ~
O~
ID~
L.J <::s
~ ...J
a:: ~
o <(
S ~
o (/)
~ Z ~
~ ~Z a::
0.. II~~W<(II I--
z OOOOI:2:00Z~a:: W
I::w a::a::a::a::I--a::Wa::a::OOW W
~~~~~ ~~(/)0:2: -
<(~ III~...J~IIO~OX...J ~~
-I:: rO OOOO...J<(OO O~W O(f)
a::1-:2: zzzz~wzz~<(...J~ 50
~~5~ ~~~~~~~~~~~~...JI~ 5
OW Or WWWW ,WWZzo:2:Ww <(
O~O:2:~III~~Z~I~<('I--:2:Z~o:2:
w,ftz<('n~~~~<(W~~NO~(/):2:Z ~
COv ~~~~~~ ...J~~~,~ --w W
o...J~ <(...J...J...J...J>...J...J...Jw~:2:~~cooa::~~
,I(f)(f)(/)(f)W<((/)(f)' 00 o~<(
~~~~~~~~~zW~~~S~IOa::Z>:2:
O<(-I--~~~~~<(Z~~~(f)WO...J~<(a::w
~COIOI--<(<(<(<(:2:W<(<( wza::ozzw
1--a::(f):2:Zo..o..o..o..a::00..0..~:2:Z~a::IIo..~
~~~~b~~~~llim~~ffi~~G~QQ~o
~~~~~~~~~~~~~~~~~~~~~~
oooooooooooooooooooooooooooooooooooooooo~oo
oooooooooooooOOOOOOOMO
~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
zzzzzzzzzzzzzzzzzzzzzz
:2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2::2:
W
a:: a:: a:: a:: a:: a:: a:: a:: a:: a::a::a::a::a::a::a::a::a::a::~a::
wwwwwwwwwa::wwwwwwwwww~w
iiiiiiiii~iiiiiiiiiizo..i
...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J ...J
...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...Jw...J
~~~~~~~~~~~~~~~~~~~~o~
(f)(/)(f)(/)(f)(f)(f)(/)(f)(f)(f)(/)(f)(/)(f)(f)(/)(f)(f)(/)W(/)
1--0
(f)a::
z rs
o . m ~w
a:: > ~ I-- >-
(f)(f)Z(f)>I--I--(/)(/)(/)~(f)(/)(/)(f)(/)I--(/)l--o>~
1--1--01--1--(/)(f)I--I--I--XI--I--WI--I-(/)I--(f)<(r
(f)(/)a::(f)(f)II(f)(f)(f)Q(/)(f)z(f)(/)0(/)09~(/)w
w ~I--I--~~ ~ -0.. oa::oz~...J
IIr~<(~~~~IoII Ia::M ~CO<(Z
~~:2:~O(f)(f)~~~o..~~S~M(/)~(/)(f)>~
o
ID
M~ID~ommmm~
~~~OMOOOOO
~~~ID~IDIDIDIDID
o
~
mm~ooo~m~~OOM
OO~O~~~M~~~
IDID~~<OID~~M~~
~~~~~~~~R~~~~~~~~~~~~re
oooooooooooooo~ooooooo
0000000000000000000000
MMMMMMMMMMMMMMM~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
0000000000000000000000
MMMMMMMMMMMMMMMMMMMMMM
0000000000000000000000
00000000000000000000000000000000000000000000
~~~~~~~~~~~~~~~~~~~~~~
l!!
Q)
~
ro
0-
x
J!!
.
ro
C/)
Q)
~
"0
Q)
1:
,2>
:2
OJ
I
~
....
o
~
.
00
o
I
ID
o
o
~
.
0..
....
CIl
-
10
"'t
o
.,;.
.~
-
C
QI
E
CIl
CIl
QI
CIl
CIl
<(
I-
o
W
...,
o
0:::
....10..
....10:::
Ow
0::: 3: CO
I-w9
Z(I)CD
w 0
~~~
(1)01-
(1)1-0
.m (I) ~
Zo
00:::
....1(1)0..
<(....I
ZW
-Z
LLC
Z
<(
C
Z
('II
~
III
QI
>-
0
.....
't:l
0
"t: ~
QI 0
0.. CD
- QI
c-
QI III
eO::: a..
CIl- I-
CIl CIl
QI ~
.~
~~~~MMMMOO~~~O~NN~~~~o~~~m~
C~~O~~~~~~O~~~~OO~NM~m~N~~~
Q) . . . . . . . . . . . . . . . . . . . . . . . . . .
E~~~~~~~m~N~N~~~~,NMmO~~~NO~
~m~MMMMm~~~~NNmm~O~~~O~~N~
WM~NMMMMMN ~~~~~~~~M~
W -
Q) ~
W
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cl
C~ ~ ~ ~~ O~ m
~~~~m~M~mm~m~MMNomOM~~~mN~~~
:::I(I)m .N~~~~m~m~oo .~M . .~ . .~ '~NO
.c........000l1'ill'ill'ill'icci..,f . . . '~OO~oNm~No . . .
~MmM~NNNN~O~O~~~OOO~~~~O~~~~
~emmN~~~~~~~~~~~~~~~~O~~O~~~
g~~~~~~~~~~NMN~~~~~~M~~~~m~M
o
UJUJ(f)(f)(f)(f)(f)UJ(f)
(1)1-1-1-1-1-1-1-1-1-
(I)(f)(f)(f)(f)(f)(f)(f)(f)(f)
W
0:::
o
o
~
~UJUJClClClClClUJO
O:::~~ZZZa::a::~a::
Wa..a..NNNMMa..M
~mM~~O~mm~
o::~~~;n~U;g~g
a..
(f)(f) (f)C/)(f)(f) (f)C/)
1-1-1-1-1-1-1-1-
(f)(f)(f)C/)(f)(f)(f)C/)
(f)(f)W(f)(f)(f)(f)
1-1-1-1-1-1-1-
(f)(f)(f)(f)(f)(f)(f)
ClClClOOOOO
ZZZa::a::a::a::a::
NNN~MMM~
~m~~N~N~
~OO'r"C\lT'"""'C"'""O
~~~~~<O~~
Z
o
C/)
:c:c...JOOClO
I-I-W a:: a:: a:: a::
~~Z~MMM
MM~m~M~
T"""C\lOT'""C\lT'""T'""
~~N~~~~
::.:::
::>
...J
~
a..
c/)::'::: ::E
Z ~2 W 1=
Z 0 (f) ~a:: Z ~~w
o 1= (f) - ~UJ 0 ::>...JCO
(f)(f) UJUJ a:: ~::>o ~ Z~I-a::
~a:: z::.::: ~ 0 o~ ...J o~Zo
zUJ (f)~o UJ ~~ <(co <( ~z~o
...J, ~ zcoo UJ a.. <( <(0 (f) <(~n<(
<( > a:: :c Z ~ o:co:c~z
<(...IN>UJO 0 :Co O~ I-ZOO~
O~I-OZ, (f) ~ ~2za::oo UJUJ::>e...JUJUJ
s~~~~5~~~~~~~~~~ffi~UJg~~6~~~
E~~::':::~'a::~g~~~a::~(f)~Oa::Z~<(~::.:::OO<(~
M~~<(~~<( O~ ~~ ~~O~~<(O~a..~O~<(
Z~~Z<(~O<(a::O<(a.....J~OZ~a..':C~~jNa::,~
~a:: UJ~ ~~~a::~ <(...J:COZI-~<(UJ(f)-a::<(::':::~
0~~UJma..20<(2~IOO(f)W:C~I(f)~~UJs2(f)
M~~:C...J>l-a::_Za::~l-<(a::~UJ~ I-UJ...J l-~a::UJ
~~a::<(l-a::<(UJa::l-><(a::l-...JZCOa::::>:cOa::O>~Z~~~...J<((f)UJI-~
M~ <( 1-<(<( UJ<(UJ~ :c >UJ~<(:CUJ <(<(
1-0~::':::O(f)COa..OCOa..OO~OI-00,O,a..Z~~a..,
NNNNNONNNNNNNNNNNNNNNNNNN~
~~~~~~~~~~~~~~~~~~~~~~~~~O
~OOOOO~OOOOOOOOOOOOOOOOOOOO
a..1-'N-~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~
.l!l
a..SZZZZZZZZZZZZZZZZZZZZZZZZZ>
I-(I)~~~~~~~~~~~~~~~~~~~~~~~~~>
~a::a::a::a::a::Oa::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::a::
UUJUJUJUJUJOUJUJUJUJUJUJUJUJUJUJUJUJUJUJUJUJUJUJUJ
:ii...Jiii~iiiiiiiiiiiiiiiiiii~
...J ...J...J...J ...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J~
~~~~~~~~~~~~~~~~~~~~~~~~~~UJ
MI-I-I-I-I-_I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-I-~
1-(f)(f)(f)(f)(f)COC/)(f)(f)(f)(f)(f)(f)(f)(f)C/)(f)(f)C/)(f)(f)C/)C/)C/)C/)<(
UJ
~ ~ ~
o 0 ~ I- I- (f) a::
~~~(f)1-(f)8(f)~1-(f)0(f)ZI-C/)(f)0(f)1-~(f)(f)mc/)c/)1-0
~ I-C/)I->I- C/)l-a::l-l-C/)1- I-C/)I-:Cl-::':::I-I-C/)<(
[~~(f)0(f)5(f)~0C/):)C/)(f)0(f)~c/)0C/)1-(f)~(f)(f)0~
x~~OZCl...JO~a::O...Jooa::o~oa::::':::~:c~ooa::a::
~UJUJ~~~~~UJ~~~~~~~C/)~~~g~~~~~~
Q)
W ~ ~
5mM~~00mm~momN~N~N~oMMom~M~
:c~~~~~~g~gg~g~ID~IDIDg~ID~~~~ro~
mO~NM~~~mo~mo~~mO~NM~~~~~~
NMMMMMMMM~~~~~~~~~~~~mm~~~
00000000000000000000000000
woooooooooooooooooooooooooo
o~~~~~~~~~~~~~~~~~~~~~~~~~~
000000000000000000000000000
ONNNNNNNNNNNNNNNNNNNNNNNNNN
00000000000000000000000000
OMMM~M~MMMMM~MMM~~M~~MMM~MM
WOOOOOOOOOOOOOOOOOOOOOOOOOO
Ift~~~~~~~~~~~~~~~~~~~~~~~MMM
~NNNNNNNNNNNNNNNNNNNNNNNMMM
~~~~~m~OOO~MOO~
M~~~~~~OOOM~OO~
r-..:r-..:ccir-..:cricci0000MlI'iM0r-..:
T"""T'""T'""(V)("I)MO'>COCOCOt'-LOT'""T'""N
~~~~~N~~NN
~~~~~~~~~~~~~~~
~0~mN~gs808No8l~0
~~OO~~ . . . .0 . .O~
. . . . '0~000ll'i~mON
~~~~~~OOOO~Nmo<o
~mOM~o~~~~o~M~o
("I)("I)<q-coco("l)~~~~<D~:::VLO
(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f) (f)
1-1-1-1-1-1-1-1-1-1-1-1-1- I-
(f)(f)(f)C/)(f)(f)(f)(f)(f)C/)C/)C/)C/) C/)
0000000000000 :c
a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: I-
MM~MMMMMMMMMM ~
~~~m~M~N~~~~N M
OOOT'""T'""OOT'""T""'OOT"""C\I C'\.l
~~~~~~~~~~~~~ ~
C/)
a::
~a m
-::> C/)
a:: 0 ...J
~~~ W ~
-Zo a:: C/):C
UJo~ _ _0
~ :CC/) C/)<(UJI-
a:: z~ zoza::...J::.:::a::::.:::
UJ N...J ::>z:Cl-oz::><(
co I-UJZI-::>O 1--0-
~ z~0:c~,~C/)UJ<(5UJ
...J~ UJ C/) <(~-UJ~...J,a::
~z coUJ...JUJ~zC/)<(...J'o~o
>- -~ 0~...J...J"'" I-
C/)Z <(oza::UJ oUJo~...JC/)
ZZ >z<(:Cl-a::l-za::<(a::a::
o<(z-<( 1-~<(C/)<(<(oUJUJ
:co<(~z~~a::s...J'o~:cz
,a::<( _ ::':::0 ~ <(a..a::
'...JO ~...J~~UJo ~ 0
UJUJ ~C/)UJ a::'...J~ 0
z<(z<( ::>a::UJ'<(...J <(1-0
z:c>-::':::ozo<(z!:!:!z-~C/)
<(o...Jj~o:c::>~a::z>ja::~
Q~~~~::!jQffi~~C3~~6i=
NNNNN~NNNNNNNNN
~~~~~M~~~~~~~~~
ooooo~ooooooooo
~~~~~~~~~~IO~~~IO
~~~~~~~~~~~~~~~
ZZZZZZZZZZZZZZZ
~~~~~~~~~~~~~~~
a::a::a::a::a:: a:: a:: a:: a:: a:: a:: a:: a:: a::
UJUJUJUJUJ UJUJUJUJUJUJUJUJUJ
iiiii<(iiiiiiiii
jjjjj~jjjjjjjjj
i=i=i=i=i=oi=i=i=i=i=i=i=i=i=
C/)C/)C/)C/)C/)UJ C/)C/)C/)C/) C/)C/)C/)C/)C/)
o
a::
I-c/)c/)I-C/)fl-c/)c/)c/)c/)I-~~C/)
C/)I-I-C/)I-<(C/)I-I-I-I-C/)I->I-
o C/)C/)O C/)I-OC/)C/)C/)C/) ClC/)<(C/)
a:: 0 0 a:: 0 t: a:: 0 0 0 0 a:: UJz :c :c
Ma::a::Ma::a::Ma::a::a::a::M_1-1-
C/)MMC/)MCOC/)MMMMC/)a..~~
~ 0
~~~m~N~N~~~~~MM
oOO~~~O~~OO~OON
~~~~~~~~~~~~~~~
~ ~ ~ g ~ ~ 16 U1i :g ~ In ~nR g ID
000000000000000
000000000000000
T"""T'""T'""T'""T'""T'""""''''''T'""T'""T'""T'""T'""T''""T''""
T"""T"""T"""T"""T"""T"""T"""T'""T"""T'""T'""T"""T"""............
000000000000000
NNNNNNNNNNNNNNN
000000000000000
~MMMM~MMMMMM~~~
000000000000000
MMMMMMMMMMMMMMM
M~MMMMMMMMMMMMM
~
Q)
>.
co
~
x
2
-0
C
N
Q)
Co
(f)
Q)
c
-0
Q)
.E
.2l
:c
0>
I
~
15
M
Q)
0>
co
a..
~
o
ch
o
o
N
1:5
Q)
.~
a..
~
11'I
-
It)
~
o
~
Q)
-
nl
0::
-
I:
Q)
E
11'I
11'I
Q)
11'I
11'I
<(
I-
CJ
W
.,
o
0::
..Jc..
..Jo::
Ow
0::3:~
I-w.
ZOOU)
w 0
:E~~
0001-
001-0
moow
ooz"
<(O~
..JOOc..
<(..J
ZW
-z
U.c
Z
<(
C
Z
N
~
nl
Q)
>-
0
.....
'tJ
0
'C ~
Q) 0
c.. U)
- Qi
I: -
Q) nl
E 0:: Q.
- I-
11'I 11'I
11'I ~
Q)
11'I Q)
11'I -
<( I:
~~~OOOM~O~~NN~~~~~~~~NN~N~~M~~~~~~~~NNm~N~~
C~M~~OmMO~~~~Oom~~~~~oOOO~~~ON~~~NOOOO~~~~N
Q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E~M~~m~MM~~~~MM~~~M~~mmMm~~~MO~~N~M~mmMM~O~
N~mm~~~~Ommm~~NM~OMM~~~~~~~~~m~~~~N~~OOm~~
~NNMM~~NN~~MMNNNMMMMM~~N~NM NNM~~~N~~~MMM~N
~
Q)
~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cl
~~ONN~~Nm~NN~~~~~~M~m~~N~O~M~~~mM~~~~~~~~~~M
~~~OO~~~~O~~M~NNNM~MMM~~N~N~ONM~m~~N~~~NM~NM
~~N~O~~~~OO~OOOOO~~O~~00000~~OOM~0MOOOOOOOOO
~~m~o~~N~O~~OOOO~N~~NNOOOON~NO~~~~~OOOO~~o~m
~EOo~O~~O~~m~~~~O~~~~~~~~~~~O~~~N~~~N~~~~~N~
C<(~m~~OOm~~N~~~~~~~m~~OO~O~~N~m~~~~~moOmm~~m
o ~~ ~~ ~~ ~ ~ ~~~
o
S(f)(f)(f)(f)(f)(f)(f)
~I-I-I-I-I-I-I-I-
~(f)(f)(f)(f)(f)(f)(f)(f)
W
O::....J
O....J
O:c
<(0
>-a::
I-::)IIIIIII
O::II-I-I-I-I-I-I-
~o~~~~~~~
O~~~~~~~M
O::;:rorogg~t::t:::
Q.
(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)
1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-
(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)
(f)(f)SSSS(f)(f)(f)(f)(f)(f)(f)S(f)
1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-
(f)(f)(f)(f)(f)(f)(f)(f)(f)(f) (f)(f)(f)(f)(f)
IIIIIIIIIIIIIIIII
ttttttttt~t~~~~~~
~OmO~NmOmOmM~~~~~
O~~NNOO~~NNN~~OOO
~~~~~~~~~~~~~~~~~
....J
....J
0000 :c
a:: a:: a:: 0:: 0
::5::5::5::5 a::
II....J....J....J....JIIIIIII~I
~~~~~~~~~~~~~o~
~M~~~M~N~~~mNO~
"r"""""''''''''''' 0,.... 0,....,.... 0 O,....,....,....C\I
~~NNMM~~~~~~~M~
w ~
W 0
W a::
I- m
Z ~ ::2:
W a:: z 0
(f) I- Z b ~
~ z:C....J a:: a:: zz Zo
<( 1-::2: zg I (f) ~ W~ ww gw
I ~ m Wz c ~ (f) z aZ ~~ ~~
~::2: ~ ~ ~5 ~ G fuffiI5 ~ ~~ ~~ W~~
~::) 1-::2: ~ I~::5 ~mm ~~~....J ~ z~ ....J~ ~,<(
....JZ ZZ I <(0 d a::a:: OOa::O 0 IW I(f) ....JWO
~~~ ~W~ a::I-ZZOZ~WW (f)IWm ....JZZ~ Q~z ~<(~>->-~~
~ ....JO~~....J ~ WW<(O~<(ZOO (f)W~IZ>-~~::2:a::~NO mO....JWo....Ja::
....J~~....J~>~ ~z~8~~~~g~~Z<(Z~~g~<(<(ffiWa::~~wz;;S~g2~~~
Effi~~~w~;2~~0~~Z~~~~~~~~~~ffizu~~~~~~0::2:~~~3I8z~~
~Ia::~<(1- :c~(f)a::mS W::2:0~~(f)~'~II~00Wa::~::2: ~O ::2: ~'::2:
Z~~Wa::W~~w~50~OS::2:-,~~<(~~z~Q....J(f)(f)~mO>-~(f)::)~~>-~~~Z
~~::2:~m~~~za::a::~(f)ffi~~~~~~~O~W~,::2:~~,~~W,o~~~~ugsw
~~....J~~~OO~ZWWZZW....J~<(zzzzffi~~~~~~~tz~>-Z....JW~O~<(~~
~a::a::~a::a::a::ONIO....JgIm>-a::GOOI~::2:Wa::....J~....J....J>-Z~~~::5z~Za::I-Za::W
~G;2~;2~~~~Q~~~Q~~~~~~Qffi~~G~~~~ffi~~m~~~~~g~g~~
NNNNNNNNNNNN~NNNNNNMNNNNNNNNNNNNMNNNNNNNNN
~~~~~~~~~~~~o~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Q.I-.Ne~~~~~~~~~~~~~~~g~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
.s
Q.~ZZZZZZZZZZZZ<(ZZZZZZ<(ZZZZZZZZZZZZZZZZZZZZZZ
1-~::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:0::2:::2:::2:::2:::2:::2:0::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:::2:
_a::a::a::a::a::a::a::a::a::a:: a:: a::a::a::a::a::a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a::
UWWWWWWWWWWOWWWWWWWW<(WWWWWWWWWWWWOWWWWWWWWW
~~~~~~~~~~~::2:~Q~~~~~~I-~~~~~~~~~~~~Z~~~~~~~~~
~....JSS....JS....JS....JSSSSSS~S~SSSSSS~ssssssssssss::5SSSSSSSSS
....J....J....J....J....J....JW....J ....J....J....J....J....J....J~....J....J....J....J....J....J....J....J....J....J....J....JW....J....J....J....J....J....J....J....J....J
~dddddddddd~d~ddddddOdddddddddddd~ddddddddd
~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-I-
I-(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)~(f)~(f)(f)(f)(f)(f)(f)~(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)(f)~(f)(f)(f)(f)(f)(f)(f)(f)(f)
I- 0
a:: W W (f) Sa::
o > > 1-01- I-~
o I- <( <(~ ~ (f)a::(f)(f) (f)a::
~(f)0~ ~ 0 5<( a:: 0::50~ ~~
~W~a::W(f)I-~I-(f)~I-~(f)I-~(f)(f)(f)I-I-~(f)(f)(f)(f)(f)1- (f)~g~<(I-I-(f)(f)I-(f)I-:C~
~>> 1-(f)~(f)1- (f)WI-IOI-I-I-(f)(f) I-I-I-I-I-(f) 1-~>....JI-(f)(f)I-I-(f)I-(f)OZ
[<(G~(f)I5I(f)~IW(f)~5(f)(f)(f)II~(f)(f)(f)(f)(f)III(f)d~dZII(f)(f)I(f)Ia::>
~Ia::OIt~~IMt~I5I-IIIt~~IIIII~~~ISWS~~~II~I~~~
I-tro~~(f)(f)(f)t(f)(f)::StI(f)ttt(f)(f)O~~~~~(f)(f)(f)~SSSO(f)(f)~~(f)~(f)OO
Q) ~
~O ~ 0 ~ M ~ N
OM~~~~~~M~~~m~mNmooo~M~~~~~~~M~m~~~N~~~mNO~
~O""'MOO""'"",,,,,,oo""''''''~'''''OO'''''NNroN''''''''''OOO'''''''''''''''''''''''''oroo''''''''''OO'''''''''''''''N
~~MM~~~~~~~M~~m~~~~~~~~~~~~~~~NNM~~~~~~~~M~
~~Cb~~~~~Rog~~~~~~~~~~~~~~~~N~~~~~~~~gM~~~~
000000000000000000000000000000000000000000
WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
~~~~~~~~~NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
C,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....
O~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
0888888888888888888888888888888888888888888
~MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
~MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
~
OJ
>,
ltl
Cl.
x
.l!l
.
en
OJ
~
'0
OJ
E
.21
:c
Cl
I
~
'0
~
-
~
o
I
m
o
o
N
.
~
Q)
.~
....
c
Q)
E
1II
1II
Q)
1II
1II
<(
.....
1II
-
I()
'O:t
o
Eli
I-
(.)
W
..,
o
0::
...I a..
...10::
Ow
0::3: co
I-w9
ZCJ)CD
w~g
~O::N
CJ)01-
CJ)I-O
WCJ)W
.CJ) Z a
00::
..JCJ)a..
<(...I
ZW
u:Z
c
Z
<(
C
Z
N
1II
...
III
Q)
>-
0
.....
"0
0
"C ";f.
Q) CD
a..
.... Q)
c ....
Q) III
E 0::
....
1II 1II
1II Q)
Q) ...
. Q)
....
c
.../'o-C'\IC'\IC'\I
1:00/'0-0
Q) . . . . I
eO)(Oo(O
'<t 0) 0)0)
CIlC")'<tC")'<t
CIl
CIl
UI
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
01
:Ei:i:'C")C'\I0'<t
:l(/)Ol~'<t~
~'if-.i8ci8
'-CIlC")O)(OO)
't:,-/'o-o'<to
o<(/'o-~O)~
o
sU)sU)
(/)1-1-1-1-
(/)U)U)U)U)
W
D::.....J .....J
C.....J :::!
CI I
<(U U
>0:: 0::
!-:;)I:;)I
D::I I-I I-
WU(OU(O
~C'\IC")'<t0l
~~a;~~
a.
0::
W
I-
U)
ro
W
S
(9
I- Z
Z W
<{ ~
(9 :;)Z
o <{W
W :2U)
.....J oC:SZ
.....J o::W
~ W(;J
U .....JI-
CIl~ ~U)
~oC:SaJ~I
Z.....JOI~
,->0::Cl..-
~I:> U) 9
[b LL W ~
><:2>o:2w
~i=-,~(9
C'\IC'\IC'\IC'\I
0)0)0)0)
a..e.gggg
I-Nl!"ll!"ll!"ll!"l
CIl
...
a..l!!zzzz
1-(/):2:2:2:2
~o::o::o::o::
.-wwww
~iiii
c.......J.....J.....J.....J
~~~~~
1-u)u)U)U)
S l-
I- U)
U) ;;;j
cnj I
:PIu)~u)
~~I-:;)I-
ovu..U)IU)
~~IUI
~utosto
CIl
CIl
a.Sgj~~8
I-J:C")O)C")O)
(O/'o-O)Ol
C")C")C")C")
0000
Woooo
C'\IC'\IC'\IC'\I
c~.,......,......,.....
00000
OC'\lC'\lC'\lC'\l
0000
OC")C")C")C")
woooo
'" C") C") C") C")
,-,C")C")C")C")
~C'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\I~~C'\IC'\IOlO~~~~C'\IC'\IO~C'\IC'\IO)'<tC'\l~'<tOlo)/'o-C")C'\IC")/'o-
Ol!"ll!"loooooooooOo)C'\IOOOl!"lOl!"loooO(oC")Ol!"l/'o-/'o-Ol'<t~~Oo)
M-.i-.i0~ci00-.iNN-.i-.i~~NNNroro~0N-.i-.ici~0-.i~~~MNm-.iM
'<t(O(oo)C")l!"lo)o)Ol!"ll!"lOOo)~l!"ll!"ll!"l~/'o-C")C'\Il!"lOOC'\l(OO)(O'<to)o)C'\I~l!"lC'\ll!"l
C'\IC")C")'<tl!"l'<t'<t'<tl!"lC'\lC'\ll!"ll!"l'<tl!"lC'\lC'\lC'\l'<tC")C")~C'\Il!"ll!"lC'\lC'\l'<tC")'<tC")C")C")/'o-C'\IC")'<t
(oOC'\l~~~~~~OO~~~~~C")O)'<t'<tOlO~~~O/'o-~Oll!"l~(oOOOl/'o-~
C'\I'<t'<t . . . . . .C'\IC'\I . . . .C'\IC'\I~~C")'<t~C'\I . .OC") .C'\Il!"ll!"l0)C") .C'\Il!"l .
. . '000000 . '00~C") . . . . . . . '00 . '0 . . . . 'l!"l . 'l!"l
oOOooooOOOOOO'<tOloooooooOoo'<t(ooO(O/'o-~O)C'\IO)OO)
~~~o)o)Oo)o)C'\IggC'\lC'\lO)'<tgggg~g~gC'\lC'\lg~O)~rom~~O)~~O
~roro~~~~~~~m~~~~~~~mW~N~~~~~~romroro~~~~~
U)U)U)U)sU)ssU)U)U)U)U)ssssU)U)U)U)
1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-
U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)
U)U)U)U)U)sssU)U)U)U)U)(/)U)
1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-
U)U)U)U)U)U)U)U)U)U)OOOOOOOOOO
.....J.....J.....J.....J
.....J.....J.....J.....J
o 00 IIII
0:: 0::0:: UUUU
:5 :5:5 0::0::0::0::
IIII.....JI.....J.....JIIIII~~~~IIII
totototo~to~~tototototouuuu~~~~
l!"lC")Oll!"lOlC'\ll!"l~OC'\lC'\lO'<t'<to(O'<t/'o-~~l!"l
ON.,......,.....O"""'.,.....NNNO"""''''''''O'''''''.,.....N''''''''''''''M<c-
O)/'o-/'o-/'o-'<t/'o-'<t'<t/'o-/'o-O)O)O)'<t'<t'<t'<tO)O)/'o-O)
000
0::0::0::
:5:5:5
IIIII.....J.....J.....JIIIIIII
~~~~~~~~~~~~~~~
l!"lOll!"lC'\l(o~l!"l~'<tOC'\l(oOC'\lo)
C'\I.,......,.....OO.,......,.....C\I-c-NNN.,......,.....,....
/'o-/'o-/'o-/'o-/'o-l!"ll!"ll!"l/'o-/'o-/'o-/'o-O)O)O)
u
Z.....J ,n
W O.....J '"'
W U) W ~
Z I .....J
U) N W U 0
*Z~ I- C <{
0<{> ~~:2 0
-:2.....J 0::0::0:: W.. Z
IW WI<{ (9 Zo:: ~ ~ 0:: ~
<{Z~ OU> W ~W <{U)O:: 0 W Z
>~:2 ~:2W (9~ <{(9 >~o (9 ~ aW
o::LL<{ ,WZ 0:: Z ZU) 00:: Z W u.. 0
<{Z-' <{-o W(90~-:2 Z<{~ ZW.....J 5s Z
o :2woC:S o::z> roO::U)o~<{ WW:2Iw 00:: 0 ZN :;)
~ oC:S~~ ~~~ ~~~U~~ ~ ~~w<{~ ~~ ~ ~~~ ~
Z~Cl.. oou-':2 OOz.....J>.....Js I- .....J.....J~~O:: o~ <.90-,
~~8oC:S~ z:2oC:SoC:S -'w~~<{ j~ o>>~o~Z:2WZ~ ~Cl..oC:S~~
:5U)z:2 z(9Z 60::>wro:2_<{>O::IIIZ <{wwo.....Jz.....J.....J <{<{
~8~~0::~~~lli~~aJ~ffi~~~~~~~~i~~~~~~i~8g~~~~
:2:2w~~~:2oC:S~~<{SoC:SBI<{~OZO::~oC:SoC:S oC:S0::5QoC:SooC:S~w<{o::o>
oC:SOOI-ZCl..O-,roIUU)oC:S-'oC:SwoC:S uzrow<{<{oC:SS~(9oC:S.....J-,LLI~:2:2<{>
0~~~~~5~.....JO~I~(9~W~U~~00::0::~ZU:20ZQ~~ZoC:SI~~
~zws~ooo:2Z~~Q~zo::~>~u~~~~~~~w~~><{oi=gfu>oo
o::wro.....J0:::2-0w~z>z~w:2o::j 1-000wwzwO:::Z>wo:::IzOOrooorooo
WO:::O<{IOjIjO<{<{Wo:::~<{<{w~<{wO:::O:::<{1-0~wl-<{2<{~<{00:;)
(9roO:::>UI-<{I-<{o::oo~roO:::-,(9~~Cl..l-l-l-ooooo~oo:2O:::O:::~Cl..-,O:::O:::
C'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\I/'o-C'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\I(OC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\I
0)0) 0)0)0) 0) 0) 0)0) 0) 0) 0) 0) 0) '<t 0)0) 0) 0) 0) 0) 0) 0) 0)0) C'\I 0)0)0) 0) 0) 0)0)0)0)0)0)
0000000000000000000000000000000000000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ZZZZZZZZZZZZZZZZZZZZZZZZZ>ZZZZZZZZZZZ
:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2:2>:2:2:2:2:2:2:2:2:2:2:2
(3
I- W
o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::U)o:::o::o:::o:::o:::o:::o:::o:::o:::o:::~o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::
wwwwwwwwwwwwwwzwwwwwwwwww-wwwwwwwwwww
iiiiiiiiiiiiii~iiiiiiiiii~iiiiiiiiiii
.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J-.....J.....J.....J.....J.....J.....J.....J.....J.....J.....JO:::.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J
.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....JO:::.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J<{.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J.....J
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=
U)U)U)ooU)U)U)U)U)U)ooooU)oo~ooooooU)U)ooU)ooooooU)ooooU)oooooooooooooooo
~ ss
sl- .....J~I-I- I-sl-
I- 1-00 :::!~U)OO U)I-U)
00 U)O IUjj 0 0000
1-U)I-I-OU)O~ooU)ool-l-~OZIIool-ool-l-l-l-oox/'o-oo~O~l-ooooooU)oooo
U)I-OOOOO:::I-O:::~I-I-I-U)U):;) UUI-OOI-OOU)OOOOI- I-~O:::~OOI-I-I-I-I-I-
IooII:5U):5:::!U)ooooIII~O:::O:::U)IU)IIIIU)goo:::!:5:::!Ioooooooooooo
toItoto.....JI.....JSIIItotoUU~~I~I~~~~IOIS.....JS~IIIIII
U)toU)oo~to~stototoooU)s~uu~oo~U)U)oooo~Cl..~S~soo~~~~~~
C")
l!"lC")Oll!"lOlC'\ll!"l~OC'\lC'\lo'<t'<tC")(o'<t/'o-~~l!"ll!"ll!"lOll!"l
ON.,......,.....O.,......,.....NNNO.,......,.....O~.,.....N.,......,.....M.,.....NN.,......,.....
O)/'o-/'o-/'o-'<t/'o-'<t'<t/'o-/'o-O)O)O)'<tC'\l'<t'<tO)O)/'o-O)/'o-/'o-/'o-/'o-
0)
o
(o~l!"l~'<tOC'\l(oOC'\lo) cD
~lOU;~~~~~roO;O; 8
C'\I
~~~~~~~~~~g~~~~~~~~~gm~~~m~~fflmR~~~~~~
0000000000000000000000000000000000000
0000000000000000000000000000000000000
C'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\I
.,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,.....,.....,......,......,......,......,.....,.....,......,......,......,.....,....
0000000000000000000000000000000000000
C'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\I
0000000000000000000000000000000000000
C")C")C")C")C")C")C") C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C") C")C")C") C")C")C") C")C")C")C")C")
0000000000000000000000000000000000000
C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")
C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")C")
~
Q)
>.
CIl
a.
x
2
'0
C
C'\I
~
CIl
<n
Q)
c
'0
Q)
.E
.Ql
:c:
OJ
I
/'0-
'0
l!"l
Q)
OJ
CIl
Cl..
tl
Q)
.~
Cl..
....
UI
-
LO
"=t
o
~
<Il
....
Rl
0:::
....
C
<Il
E
UI
UI
<Il
UI
UI
<(
...
o
w
...,
o
0:::
...JD..
...Jo:::
Ow
0:::3: CO
...w9
Z(I)CD
w==8
==O:::N
(1)0'"
(1)...0
m(l)W
(l)Z""
<(00
...J(I)O:::
<(...JD..
ZW
-Z
LLC
Z
<(
C
Z
N
UI
...
Rl
<Il
>.
o
~
"C
o
'I: ~
<Il 0
D..CD
.... <Il
5i1U
EO:::
UI....
UI UI
<Il l!!
UI <Il
UI....
<(.:
- "'" 0 "'" co '" <0 0 l.() 0 ...... "'" '" ...... 0 l.() <0 <0 J'-. J'-. l.() l.() J'-. <0 J'-. <0 ...... ...... 0> <0 J'-. co C\l ...... ...... ...... l.() J'-. co l.() l.() O;J'-.
cOJ'-.OO>C\ll.()C\l<ooO......C\l""'COC\ll.()"'oooco............""'ocoo""'......oo>oO~<OCOl.()"'O>~"'J'-.
CII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eo>co~J'-.co"'J'-.o>ooOOl.()l.()......co......O>......"'J'-.o~l.()<OCOl.()coO>C\l"'~C\lC\l......o"'J'-.O>C\lC\lCO
......l.()C\lCOC\l<O<O"'COC\l<O<OC\ll.()C\ll.()O>C\lOl.()o......cococoCO~~O>OOOl.()OOO>"'~......coo~
~l.()~"'J'-.l.()<O<O"'......l.()C\lC\l"'~l.()"'~~~C\ll.()l.()"''''''''''l.()C\l~l.()l.()l.()C\l'''C\l ............
~
CII
~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
OJ
$~C\lC\lJ'-."'J'-.~"'~"'OOC\loo>l.()coO>O>"'l.()ol.()C\l~"''''l.()'''J'-.~~<O'''O>'''co...... J'-.<O~............
~~~ .co~~~~co......~COCOC\l~~o~coJ'-."'~~COO......N~O~~~~......C\l......co~co~......~co
~ro~~o~~~~~O~ON~re~~~~N~~~mmmo~N~~~gooo~~N~N~~
~el.()......~l.()J'-.J'-.co~gl.()~~~......l.()~O>~~~C\l"'~~~~......~o............C\lg~~o~~~~~~
g~~~~~~~~~~~~~~~~~~moo~~~rorororo~~~~~~~ID~N~~N~N~
()
sss~~~~ss~~~~~~~~ss
~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~
W
O:::...J...J...JWWWW...J...J
O~~~mmmm~~ ~~
O<(III~~~~II UU
UUUOOOOUU 00
> 0::: 0::: O:::UU UU 0::: 0::: UU
~~~~...J...J...J...J~~IIIIIIIIZZ
O:::IIIOOOOII~~~~~~~~<(<(
WUUUIIIIUUJ'-.J'-.J'-.J'-.J'-.J'-.J'-.J'-.II
&C\l~C\ll.()"""l.()"""l.()O>o<oCOC\l~<O~co<oo
o:::g~~RRmmgg~~~~~goo~~
~ ~~~
~~~~ss~~~~~~~sssssssss
~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
~~~~;j;j ;j;j
~~~~II IIOOOOOOO
OOOOUU UUO::: 0::: 0:::0:::0:::0:::0:::
UUUUO:::O::: O:::O:::~~~~~~~
...J...J...J...J~~IIIIIII~~...J...J...J...J...J...J...J
~~~~GGI::I::I::I::I::I::I::GG~~~~~~~
~~~~~M~MmM~M~~MmM~MmmM
ON~~N~~~ONN~~N~O~NOO~O
OO>O>O>l.()l.()ooOO>O>O>O>~~<O<O<OJ'-.J'-.J'-.CO
............ ......
0:::
W
...J
~
o...J (!)
Z ~ 0 zm ZZ Z
~ ~ ~ ~ 0::: ~~Z~ s~ ~ ~ ~ W...J
0::: ~ <( 0::: W <(<(wm 00::: ~ ~ ...JO::: ~<(
W O:::<(I <( <( ~ II~8 o:::<(~ ~ ~ wzw oz~
~~ ...J m 0 ~ 0:::0::: <( muz ~ U m
~m~ G~ ~ ~~~o::: ~ ~~~~x ~~~ ~ j ~~ ~~
WI...J~ ~~o:::z w>,W ~ (!)(!)~ ~ ...J>w U wz w <(
~~ffi~ ~<(w<(w w2>Z~~>~mmzzw ~w(!) wo:::'~~0:::3 o:::~~
~wo:::O I~~~...J...J<(~~<(...JO:::zzz>~> w,O:::~~...Jw~o:::~~oz~wwz
~~~gz~~zjlli~~~mmGsi~~~0:::~~z~~8>~~~0~~~~~~~(!)~
~Imw<(~...Jg~~(!)~w~~ooO~~"~:I<(~O:::~j~~~...J~s~u~~...JO:::~
~u~w~w~"~w~~~o~~~wo~~~~wm~~o~~~~~~"~5<(~~I
z~<(z z~s~~o:::mu,s z>'~~ ww<(~w ~<( w,>o:::...J~,<(~<(
;~~~~~G(!)W~~...J<(~~o~~~~~~~~~~~~j~<(>js~~w~w<(~~...J
[~~~~~~ffi~o~~~ww~j~(!)~~~z<(~~~~~~u~~~~~~~2~W~~
~wO:::~uz~...J~<(u~~mmww~w<(UUIG<(xOo:::Zo:::o:::~zo...J~zo-wmo:::w
~~u~~~~~iG~~u~~Q~~ffiG~~Q~~o~G~ii~~~~~~~a~~GG
C\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lNC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\l
CO coco co coco co co CO co co co co co co co coco co CO co co co co co co CO co co co co CO co co co co co co CO co co co
~oooooooooooooooooooooooooooooooooooooooooo
~N~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CII
~Ezzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::o:::
uwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~>>>sssssssssssssssssssssssssssssssssssssss
~...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
0:::
~s ~~ ~ss ffi ~~~~~ss ss
~ ~~~~~~ ~~s~~~~~~~ ~~>>>>~>>
j~jw~~~~~ 0 ~~~~w~~~ ~~>>>>~>>
-I...JImWWW...J...J OG~wwwmw...J...J ...J...J~~~~o~~
~u~u~mmm~~ 0 ~mmm~m~~ ~~~~~~o:::~~
;o:::Io:::O~~~II~~~~~~~~8u~~~0~II~~~~~~~IIOOOO<(oo
~~u~Uooouu~~~~~~~~zOOOOUOUU~~~~~~~uuo:::o:::o:::o:::~o:::o:::
[IO:::I~UUUO:::O:::~~~I~~I~<(UUUU~uo:::o:::~~~~~~~o:::o:::~~~~~~~
~U~UI~~~~~IIII::III::~I~~55I5~~IIIIIII~~~~~~s~~
~SUS~IIIUUI::I::I::~~I::~USIIII~IUUl::l::l::l::l::l::l::uusssssss
CII ~
~ <o~M............ J'-."'O>
5C\l~C\ll.()......l.()......l.()0>0<OCOC\lCOO...... <000 0...... J'-."'...... "'............ 0"'...... "'''''''......'''0>'''...... "'0>0>'"
~Ig~~RRmmgg~~~~g~~ ~~~~~~~~~~~~~~~~~~gm~RR~g
~~~g~~~~~~~~~~~~~~~~~go~8~~~~~~~~N~o8~8~~~
ooooooooooooooooooooo~~~~~~~~~~~~~~ooooooo
Woooooooooooooooooooooooooooooooooooooooooo
C\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lNC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\lC\l..........................................
O~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~NNNNNNN
0000000000000000000000000000000000000000000
()~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
0"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''
WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
,n"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''
~"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''
~
(J)
>.
III
c.
x
.l'9
.
III
l/J
(J)
~
"0
(J)
E
.2>
:c
OJ
:c
J'-.
-
o
<0
'-
co
o
cD
o
o
C\l
.
~
....
1Il
-
It)
'l:t
o
~
.~
-
c
CIl
E
1Il
1Il
CIl
1Il
1Il
<(
I-
U
W
...,
o
0::
...Jll.
...Jo::
Ow
O::S:ClO
I-w9
Zen CD
w 0
:E~~
enOl-
enl-U
.men~
Zo
00::
...Jenll.
<(...J
ZW
-Z
U.c
Z
<(
C
Z
N
~
nl
CIl
>-
0
-
"tl
0
"i: ~
CIl Cl
ll. CD
- CIl
C -
CIl nl
E 0::
-
1Il 1Il
1Il CIl
CIl 10.
. CIl
-
.5
~O~~NMoo~~m~OM~OO~~~~MN~
C~~~mooNNOO~~O~~MmMN~~M
Ql . . . . . . . . . . . . . . . . . . . . .
E~NM~mNO~~m~O~~M~oo~~~M
NM~NN~NN~~oo~~OMoo~N~~~
~ ~M~~m~M~ N ~M~
~
Ql
~
~~~~~~~~~~~~~~~~~~~~~~
Cl
C~ N~M M
~~~m~~~~~o~~~~o~~oo~~mN~
::::lcn~OMMI'-:tC!tC! . . .tC! .~I'-:N""':"!'"-:~~~
~- . . . .~Ooo~M~~OMO .~m~OO .
~~~oo~O~~MO~N~O~~OoommoOm
~Ql~N~N~OMoom~~O~~~ooN~~~m
g~~~m~moom~~~oo~~~~~~N~~N
(j
f!?
Q)
>-
CIl
a.
X
.1ll
-0
C
N
~
CIl
:B
E
-0
Q)
:E
.gl
1:
OJ
I
senenssssscnsensensensssssen
cn~~~~~~~~~~~~~~~~~~~~~
cnenenenenenenenenenenenenenenenenenenenenen
w
~ w~~~~~ ZWZWzW ZZ~~W
C ~~~~~~ O~O~O~ OO~~~
CO~~IIIII~en~en~en~OenenII~
<(~<(. WOOOOOO~~O~O~O~<(~~OOO
~~~O~~~~~~WOWOwO~WW~~O
~~W~~~~~~~O~O~O~~OO~~~
~3>OIIIII<(ZOZOZ03ZZIIO
~>WIOOUUUI<(I<(I<(I><(<(OUI
O~MmON~~~~N~mO~m~mmMmO
~roRR~g~~~~~mgogo~~~gg~
~ ~ ~ ~
o
~
~ Z I
en Z U
W <( en
~ ~ a::
<( ffi u..
~ ~ ~ ~
~~ ~ en~ ~ ~ ~ & ~
enW ~ ~W <( <( ~ ~ ~
~~ 0 WI I~~ W ~ ~
<(w 0 ~O UWW I <( en~
~~ ~ ~O ~Z0 en W ~O
<( O~ enZ ~ ~ <(U
~<( ~ en~ ~~<( Z ~ ~~
U~ - ~ ZW~ 0 0 W
W<( 0 W W~en en ~ 0<(
~~~u..~ ~Q~ ~,O Z ~~~~~
WW<(u..~ WW<( <(~~ 0 I<(<(-
Een~~~w ~IWZI~OO~~~U0enO
~,~~~0 ~~,-en<(I~~W ~~~
ZZ<(~g~~,~~~~~~~Z~~~u..~~
~~~~O~~~O<(~>~~<(~~U~~~,
~~~<(~~~~5~~~~~~~~~ffi~~~
~~UG~~a::O~~Z~~~~OZ~~OO~
~~~a::~~~g~ffi~~~o~Q~~~~g~
NNNNNNNNNNNNNNNNNNNNN
000000000000000000000000000000000000000000
~Sggggggggggggggggggggg
~N~~~~~~~~~~~~~~~~~~~~~
Ql
~!ZZZZZZZZZZZZZZZZZZZZZ
~cn~~~~~~~~~~~~~~~~~~~~~
~
-
o
~
Q)
OJ
CIl
~
~~~~~~~~~~~~~~~~~~~~~~
UWWWWWWWWWWWWWWWWWWWWW
~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
X~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
~enenenenenenenenenenenenenenenenenenenenen
en~ss ~ sens sen SSSS~
S~~~~~ ~~~~~~S~~~~en
enen~enen j~enenenenenen enenenenw
~~~~Ijj~I~Z~Z~Z~~ZZjj~
~OW~~II~~~~~~~~~O~~IIO
>-~~WO~UUXO~$~O~O~O~~~UU~
~~ UI~~ I~WUWUWU~WW~~
~~~~O~~~U$O~O~O~~oo~~g
~- 0 IIO ~ZOZOZO-ZZII~
~SenISUU~Sen<(I<(I<(IS<(<(UUen
Ql
~
Q.5~8~~~;:
~Ioo~~mmm
o m 0
~T-N<O<O"f"'""~"f"'"""""'O>O>('l")mC'\l
NN~~OOOO~N......OOO
mmmmm......m......~mm~m......
00
o
,
m
o
o
N
t5
Q)
'e-
~
mm......~moomO......NM~m~mO......N......N......
~......~~~~~mmmmmOOO......~......NNO
OOOOOOOOOOOO"f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'""O
Wooooooooooooooooooooo
~"f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'"""f"'""T-T-~
CNNNNNNNNNNNNNNNNNNNNN
0000000000000000000000
UNNNNNNNNNNNNNNNNNNNNN
000000000000000000000
OMMMMMMMMM~MMMMMMMMMMM
Wooooooooooooooooooooo
,ftMMMMMMMMMMMMM~MMMMM~M
~MMMMMMMMMMMMMMMMMMMMM
.
.
RESOLUTION CALLING FOR HEARING ON DEMOLITION AND CLEANUP OF GARAGE
AREA
WHEREAS, by a resolution passed by the Council on September 19, 2006, the city clerk was directed to
prepare a proposed assessment of the cost for the Demolition and Cleanup of Garage area. The following is
the area proposed to be assessed.
708 Pine Tree Trail
WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed
in the office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. A hearing shall be held on the 17th day of October, 2006 in the city hall at 7 :00 p.m., or as soon as
possible thereafter, to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be heard with reference
to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be
published once in the official newspaper at least two weeks prior to the hearing, and shall state in the
notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the
owner of each parcel described in the assessment roll not less than two weeks prior to the hearings.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to the
county auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City
Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of
the year in which such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the succeeding year.
Adopted by the City Council this 19th day of September 2006.
Jay L. Kimble, Mayor
ATTEST:
. Diane F. Ward, City Clerk
..,.
.eptember 14, 2006
STILLWATER TOWN BOARD MEETING
Town Hall
7:00 P.M.
Public Hearings
~~I
PRESENT:
Chairperson Jim Hiniker, Supervisors Sheila-Marie Untiedt,
David Johnson, Linda Countryman and Jim Doriott. Also,
Treasurer Gloria Sell, Attorney Soren Mattick, Engineer Paul
Pearson, Planner Dick Thompson, Chief Of Police Steve Nelson,
Pat Johnson, Attorney Nick Vivian and Nicholas Henton.
Pat Johnson Horse C.U.P.
14699 97th Street Court North
Stillwater Township, Minnesota
This hearing was called to order for the purpose of rescinding or terminating the
Johnson C.U.P. that allows two horses on his property.
Memo dated May 2, 2006 written by Jyneen Thatcher of the Washington County
Conservation District was discussed by the planner. There are 1.6 grazable acres.
Mr. Johnson was told to have 3 confinement areas outside the wetlands. Electric
fences are to be used to keep the horses where they were allowed away from the
.etlands.
According to neighbor Moriarty the horses are in the wetlands 5 out of 6 days. Last
night the fence was down completely. Mr. Moriarty is angry that the town board sets
guidelines but doesn't follow through with them.
Nick Vivian, attorney for Mr. Johnson, says there has been a disconnect of information.
He thinks he can resolve the situation with Washington County Conservation District,
Dick Thompson and Pat Johnson. A date will be set to deal with these issues:
1. A third pasture area must be developed.
2. The fences must be on all the time and away from the wetlands.
3. The horses must be kept out of the wetlands.
Mr. Moriarty showed a picture of the drainage easement and questions whether there is
enough dry area left for two horses.
M/S/P Untiedt/Hiniker moved to allow Mr. Johnson, Mr. Vivian, Dick Thompson, and
Pete Young to get the fence line articulated and the electricity turned on per the
conditions in the original C.U.P. permit. (4 ayes, Doriott nay)
a:>avid Johnson expressed that in the meantime the electricity be turned on and the
~orses be kept out of the wetlands until there is a resolution to the situation.
..,..
Stillwater Town Board Meeting - 9/14/06
Page Two
Henton Variance Request
12340 McKusick Road North
Stillwater Township, Minnesota
.
The property has recently been subdivided into two lots. Mr. Henton is requesting a
variance from the driveway separation requirements because the proposal location of
the driveway on Parcel A will not meet the 300 feet driveway separation requirements.
Due to future annexation the City Of Stillwater is relying on Washington County for
allowing the two driveways on the Henton property. Joe Lux, Washington County
Senior Planner, approved the plan and will work with the Hentons to find a proper
location on the new parcel for access to McKusick Road.
M/S/P UntiedtfJohnson moved to approve a variance for two driveways on the Henton
property. (5 ayes)
1. AGENDA - M/S/P Hiniker/Doriott moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Untiedt/Doriott moved to approve the 8/24/06 town board
meeting minutes as written. (5 ayes)
3. CHIEF OF POUCE REPORT - .
a. Recently impounded a dog whose owner can't be located, fees have accrued.
b. So far 700/0 compliance for 2006 dog license renewals.
c. Talked about boat complaints.
d. If the wind is 15 mph or less burning permits will continue to be issued.
e. Ticket being written for Gannon code enforcement issue.
4. TREASURER-
a. TKDA has credited $952.00 toward escrows outstanding.
b~ Claims were reviewed and checks #17853 - #17891 were approved for
payment.
5. CUB SCOUTS - M/S/P Doriott/Countryman moved to allow the Cub Scouts to use
the town hall Sundays twice a month from 5 p.m. - 6 p.m. through February 2007.
(5 ayes)
A schedule will be forthcoming to put on the township calendar. The clerk asked that
no meetings be held the Monday before Tuesday elections so that necessary voting
equipment can be put in place.
6. ROAD MAINTENANCE - M/S/P Untiedt/Johnson moved to award a bid in the .
amount of $202,079.81 for the 2006 Bituminous Road Maintenance Project and Arcola
Paving to Astech Corporation. (5 ayes)
"
Stillwater Town Board Meeting - 9/14/06
Page Three
7. BLUFFS ON ST. CROIX - The township will not sign final documents until fees owing
.to Stillwater Township are paid.
8. OTCHIPWE TRAILS SUBDIVISION - M/S/P Johnson/Countryman moved that
the township draw on the Otchipwe Trails letter of credit completely in the amount of
$69,625.00 and that the treasurer is authorized to make out a check for $62,925.00 to
Midwest Asphalt. The check will not be released until the township receives the letter
of credit and two year maintenance bond relative to Otchipwe Trails Subdivision.
(5 ayes)
9. PARK COMMITTEE - Jim Doriott mentioned:
a. Park dedication - further discussion at a later date.
b. Screening Policy at the Outing Lodge.
c. Water ski complaints.
d. Curtiss Hills wash-out (Engineer is handling.)
e. Park Meeting in October to be determined.
f. Park Meeting November 13.
Park and Planning Commission Members are encouraged to let Kathy Schmoeckel know
when they will not be present at meetings.
10. MANNING AVENUE DESIGN REVIEW - Sheila-Marie Untiedt will check out the first
.meeting, then put a request on the website for someone to go to the meetings.
11. ADJOURNMENT - Meeting adjourned at 10:30 p.m.
Clerk
Chairperson
Approved
.
.
.
.
Memo
To:
FRMn:
Mayor Kimble and Council ~'-
Stuart W. Glaser, Fire Chie~
September 12, 2006
Council Meeting Absence
Date:
Re:
Stillwater Fire Department
I will be out of the office attending the annual Association of Emergency Manager's (AMEM)
Conference Sunday, September 17 through Wednesday September 20. Therefore, I will be unable to
attend the Council Meetings schecIuled for Tuesday the 19th.
Deputy Chief Tom Ballis will be present at the meetings to respond to any fire department items on the
agenda or answer to any issues relating to the F .0.
Please do not hesitate to contact me at 651.351.4970 prior to Sunday the 1 fh if you have questions or
need additional infonnation. .
1
,~
1.
9:00
2.
9:00
3.
9:10
4.
9:10
5.
9:35
9:40
7.
8. 10:00
9. 10:05
to
11:05
~~
,
Washington
~ ~County
BOARD AGENDA
SEPTEMBER 19, 2006 - 9:00 A.M.
Roll Call
Pledge of Allegiance
Comments from the Public
Dennis C. Hegberg
District 1
Bill Pulkrabek, Chair
District 2
Gary Kriesel, Vice Chair
District 3
Myra Peterson
District 4
R.H. Stafford
District 5
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or
not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give
it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and
address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the
right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part
of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items.
Consent Calendar
Transportation and Physical Development - Don Theisen, Director
A. Amendment to County Prioritized Bridge Replacement List, Bridge 5600
B. Construction ofTH 61 and CSAH 2 Intersection in Forest Lake
General Administration - Jim Schug, County Administrator
Proclamation of Appreciation for Gerald Peterson, West Lakeland Township
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.
Board Correspondence
Adjourn
Board Workshop with Transportation and Physical Development
Campus 2025 Improvements
************************************************************
Date
September 19
September 20
September 20
tember 21
ptember 21
MEETING NOTICES
Committee
Time
Location
Housing and Redevelopment Authority
Plat Cormnission
Metro Transportation Advisory Board
Historic Courthouse Advisory Council
Minnesota Extension Cormnittee
3:30 p.m.
2:00 p.m.
1 :30 p.m.
5:00 p.m.
5:00 p.m.
1584 Hadley Avenue North - Oakdale
Washington County Government Center
390 Robert Street North - St. Paul
101 West Pine Street - Stillwater
Washington County Government Center
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
SEPTEMBER 19,2006
The following items are presented for Board approval/adoption:
.
DEPARTMENT/AGENCY
ITEM
Administration
A. Approval of the September 5 and 12, 2006 Board meeting minutes.
B. Approval to reappoint Rick Vanzwol, Grant, and Gerald Johnson, Stillwater,
to the Brown's Creek Watershed District Board of Managers to terms expiring
October 21,2009.
C. Approval of County Board response to Independent Auditor's findings and
recommendations contained in the draft report on the internal control structure
and compliance for the year ending December 31, 2005 and authorize the
County Board Chair to sign response.
D. Approval to appoint Danisa Farley, Cottage Grove, to the Housing and
Redevelopment Authority Board, to fill an unexpired term to December 31,
2007.
Community Services
E. Approval of two subgrantee agreement amendments with Two Rivers
Community Land Trust to change the original Community Development
Block Grant and HOME funding totals for the acquisition and rehabilitation
program.
F. Approval of the 2006-2007 sub grantee agreement with Human Services, Inc. .
to rehabilitate an existing property in order to create affordable rental housing
for low-income individuals.
G. Approval of the HUD HOME subgrantee agreement with Human Services,
Incorporated for the SHARE Supportive Housing Program.
Property Records and
Taxpayer Services
H. Approval to set the Truth-in-Taxation public hearing for 7:00 p.m. on
Thursday, December 7,2006 and a continuation hearing for 7:00 p.rn. on
Tuesday, December 19,2006.
Public Health and Environment
I. Approval and execution by Board Chair and County Administrator of
recycling grant agreement with the City of Hugo for distribution of curbside
recycling funds.
Transportation and Physical
Development
J. Approval to enter into a formal agreement with Northern States Power d/b/a
Xcel Energy to provide natural gas services to the South Service Center
located in Cottage Grove and the North Service Center located in Forest Lake.
K. Approval and execution of cooperative agreement with the City ofW oodbury
for Valley Creek Road landscape cost reimbursement.
* 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.
.
.
.
.
Summary of Proceedings
Washington County Board of Commissioners
September 12,2006
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel,
District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair
Pulkrabek presided.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Commissioner Hegberg: Met with the City of Forest Lake to discuss moving up the construction
project on County Road 2 and Highway 61; and request that the state consider funding for
Highway 61 and County Road 97 construction project;
Commissioner Peterson: She will be attending AMC Policy Committee meetings in Wilmer on
Thursday and Friday; Suggested that she and Commissioner Hegberg have a discussion with
Congressman Oberstar for federal money for the Highway 61 and County Road 97 project;
Reported that Steele County Commissioner Jerry Peterson passed away a week ago last Friday;
Commissioner Kriesel: He will participate in a cable program with Hennepin County
Commissioner Peter McGlothlin which will discuss the wind energy initiative with the Metro
County Energy Task Force and the Rural Minnesota Energy Board.
Community Services
Information only - child foster care daily basic maintenance, initial clothing allowance and difficulty
of care rate for 2007.
General Administration
Approval of the following actions:
Open house held prior to the Board meeting for the 2007 proposed budget;
Resolution No. 2006-127, certifying proposed property tax levies (Regional Rail Authority, and
Special Levy for the HRA for Landfall) for Washington County Payable 2007;
Resolution No. 2006-128, certifying proposed property tax levy for Washington County payable
2007;
,Resolution No. 2006-129, adopting the Washington County proposed budget for payable 2007;
Board correspondence was received and placed on file.
Human Resources
Approval of the following actions:
Amend Personnel Rules and Regulations Section 16, Leave of Absence;
Amend Human Resources Policy #5030 Telework;
Amend Human Resources Policy #5025 Employee Wellness Program.
Librarv
Approval to implement a donations and memorial giving program for the Washington County
Library and authorize the development of a Capital Campaign for the Forest Lake Library.
Public Health and Environment
Approval of agreement with the Minnesota Department of Public Safety, Division of Homeland
Security and Emergency Management, to receive funding through the Emergency Management .
Performance Grant Program.
A complete text of the Official Proceedings of the Washington County Board of Commissioners is
available for public inspection at the Office of Administration, Washington County Government
Center, 14949 62nd Street N., Stillwater, Minnesota.
.
.
.
.
.
Summary of Proceedings
Washington County Board of Commissioners
September 5, 2006
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel,
District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair
Pulkrabek presided.
Assessment, Taxpaver Services and Elections
Approval of the following actions:
Resolution No. 2006-118, approval to set aside a portion of the annual distribution of net
revenue from tax-forfeited land sales for acquisition and maintenance of county parks and
recreational areas;
Authorize Department name change to Property Records and Taxpayer Services.
Commissioner Reports - Comments - Questions
The Commissioners reported on the following items:
Commissioner Hegberg reported on meetings he's had with the Housing and Redevelopment
Authority concerning District Memorial Hospital issues;
Commissioner Peterson announced that the City ofSt. Paul Park passed a resolution supporting
the dedication of motor vehicle sales tax revenue to transportation;
Commissioner Kriesel reported on neighborhood meetings he will be attending on September 7
concerning Manning Avenue and the formation of a design/review committee.
Community Corrections
Approval of Resolution No. 2006-123 proclaiming September 9, 2006 as Fetal Alcohol Syndrome
Awareness Day in Washington County.
Community Services
Approval of the following actions:
Resolution No. 2006-119, authorization to withdraw from the Local Collaborative Time Study
Contract;
Accept the 2006 Operational hnprovement Grant in the amount of$5,600 with the Minnesota
Department of Veterans Affairs.
Financial Services
Approval of the following actions:
Create a new policy for journal entry authorization;
Revise Policy No. 2502, Receipt of Funds.
General Administration
Approval of the following actions:
August 15 and 22, 2006 Board meeting minutes;
Agreement with the State of Minnesota Tenth Judicial District to provide a means of state
reimbursement for direct payments by the county as required by statute as part of the transfer of
court administration from the county to the state;
Adopt Policy # 1035, Cost Participation between Washington County and other agencies for the .
800 MHz Radio System;
Introduction of new Financial Services Department Head, Harley Will;
Board correspondence was received and placed on file;
2007 budget workshop held to hear departmental requests from the County Sheriff, County
Attorney; Community Corrections, and Court Administration;
Board workshop held to hear an update on open space referendum activities.
Librarv
Approval of the following actions:
Use up to $28,000 of the Library fund balance in 2006 to purchase three new self-checkout
machines for the R.H. Stafford Library;
Closure of the Newport Library during the week of September 18, 2006 for improvements and
repaIrs.
Public Health and Environment
Approval of comments on the draft Ramsey Washington Metro Watershed District and the South
Washington Watershed District Management Plans and authorize letters and comments to be signed
by the County Board Chair.
Transportation and Physical Development
.
Approval ofthe following actions:
Amendment No. 3 to cooperative agreement with the City of Forest Lake for additional
engineering services for the CSAH 2 reconstruction project;
Resolution No. 2006-120, Minnesota Department of Transportation Agency Agreement No.
90052;
Resolution No. 2006-121, Minnesota Trail Assistance program grant request;
Resolution No. 2006-122, Agreement with Wisconsin Central, L TD to install signals with gates
and circuitry on Otchipwe A venue in Grant;
Resolution No. 2006-124, negative declaration of the need for an EIS for the CSAH 13
reconstruction project and approval of distribution of record of decision;
Resolution No. 2006-125, acquire right of way on CSAH 13;
Resolution No. 2006-126, negative declaration of need for an Environmental Impact Statement
for the Disabled Veteran's Rest Camp.
A complete text of the Official Proceedings of the Washington County Board of Commissioners is
available for public inspection at the Office of Administration, Washington County Government
Center, 14949 62nd Street N., Stillwater, Minnesota.
.
9/14/2006
WASHINGTON COUNTY BOARD OF COMMISSIONERS
. Preview of Coming Attractions
SEPTEMBER 19
Aqenda - Set Truth-in-Taxation hearinq
Workshop - Update on Government Center Campus 2025 Expansion Plan
SEPTEMBER
Workshop - Metro Transit Survey on Train and Bus Ridership
OCTOBER 3
. Agenda - Draft CIP for Release for Community Review and Comment
Closed Session - NeQotiation Strategy for County Contribution to Health Insurance Premiums
Workshop - 2007 Budget
Housing and Redevelopment Authority following Board meeting.
OCTOBER 10
Agenda - Presentation to Commissioner Stafford
State Senator Brian LeClair will present a MN Senate Resolution co-authored by Senators
Wiger, Bachmann, and Marko and passed by the Senate recognizing Commissioner Stafford
on his upcoming retirement.
. Workshop - 2007 Budqet
Meet with Water Conservation District and Watershed Districts to review their budgets.
OCTOBER 17
Employee Recoqnition Event - Lake Elmo Inn, 8:00 a.m. to 9:45
The County Board will recognize employees with 20, 25, 30 and 35 years of service at the.
Lake Elmo Inn.
Workshop - Metro Enemy Task Force Activities
The County Board will conduct a workshop with staff from the department of Public Health and
Environment to receive updates on the activities of the Metro Energy Task Force of which
Washington County is a member. Topics to be included are cost and reliability of energy,
nuclear power, fuel cell technology and other issues.
OCTOBER/NOVEMBER
Workshop - Status Report on the Land Protection Fundinq Referendum
OCTOBER 30
Leaque of Local Governments - Prom Center (5:30 to 9:00)
.
NOVEMBER 14
Aqenda - Set Public Hearinq for 5-year CIP, Issue Public Hearinq Notice for Adoption of 5-
year CIP.
DECEMBER 5
7:00 p.m Workshop - Economic Development Strateqy
The Board will hold an evening workshop with cities to discuss a proposal for a strategy for an
Economic Development strategy for the county and cities
DECEMBER 7
.
Aqenda - Truth-in-Taxation meetinq at 7:00 p.m. (Date set by statute - hearinq can be
continued to December 19)
.
DECEMBER 12
Aqenda - Adoption of 2007 budqet
DECEMBER 19
Aqenda - Hold public hearinq to review comment on and to adopt the 5-year CIP.
Aqenda - Set 2007 Salaries for Commissioners. Sheriff. County Attorney & County
Administrator
FUTURE
Workshop - Meetinq with Metropolitan Council
The County Board will meet with the Chairman and Executive Director of the Met Council to
discuss issues of mutual interest and concern.
. Agenda/Workshop (?) - Minnesota Comprehensive Safety Plan
.
BID OPENINGS
September 26
Fiber Bid -Information Technologies
M:\USERS\ADM\PRRADDA\WP\AGENDA\Workshops\Preview.doc
.
NOTICE OF HEARING ON PROPOSEDASSESSMENT FOR DEMOLITION AND CLEANUP OF
GARAGE AREA
(L.I. 362)
September 17, 2004
Mr. Russ Wagner
2113 E. Minnehaha Avenue
St. Paul, MN 55106
Notice is hereby given that the Stillwater City Council will meet at 7:00 p.m., or as soon as possible thereafter,
October 17,2006 in the Council Chambers at City Hall, 216 N. 4th Street to adopt the proposed assessment for
L.I. 372: DEMOLITION AND CLEANUP OF LOT. The following is the area proposed to be assessed:
708 Pine Tree Trail
The improvements consists of: Demolition of Garage and Cleanup of Garage
Your Parcel described as follows: 32.030.20.12.0017.
The amount to be specially assessed against your particular lot, piece or parcel ofland is - $4,120.00
NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 17.
2006. Ifpayment is not received by November 15,2006, the amount listed above will be collected over a 5-
year period with interest added at 5% per year on the unpaid balance. The yearly installments will be collected
with the property taxes that are paid to Washington County. To the first installment shall be added interest on
the entire assessment from the date ofthe hearing, October 17,2006 through December 31,2006. To each
subsequent installment when due shall be added interest for one year on all unpaid installments. You may at
anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to
the City of Stillwater.
Written or oral objections thereto by any property owner will be considered at the meeting. No appeal may be
taken as to the amount of an assessment unless a written objection, signed by the property owner, is filed with
the clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may consider an
objection to the amount of the proposed individual assessment at an adjourned meeting, if so advised. Upon
such action, affected property owners would receive further notice.
If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:
1.
The city will present its case first by calling witnesses who may testify by narrative or by examination,
and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed
to ask questions. This procedure will be repeated with each witness until neither side has further
questions.
2.
After the city has presented all its evidence, the objector may call witnesses or present such testimony a~
the objector desire. The same procedure for questioning of the city's witnesses will be followed with th~
objector's witnesses.
3.
~.
The objector may be represented by counsel.
Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to
the council as to the weight of items of evidence or testimony presented to the council.
5.
The entire proceedings will be tape-recorded (video-taped).
6.
At the close of presentation of evidence, the objector may make a final presentation to the council based
on the evidence and the law. No new evidence may be presented at this point.
7.
The council may adopt the proposed assessment at the hearing.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving
notice of the appeal upon the mayor or clerk of the city within thirty (30) days after the adoption of the
assessment and filing such notice with the district court within ten (10) days after service upon the mayor or
clerk.
Under Minnesota Statutes Section 435.193 to 435.195 and Stillwater City Code, Chapter 56.05, the Council
may, in its discretion, defer the payment ofthis special assessment for any homestead property owned by a
person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a
hardship to make the payments.
The option to defer the payment of special assessments shall terminate and all amounts accumulated plus
.plicable interest, shall become due upon the occurrence of any ofthe following events: (a) the death of the
owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or
subdivision of the property or any part thereof; if the property should for any reason lose its homestead status;
or (d) if for any reason the taxing authority deferring payments shall determine that there would be no hardship
to require immediate or partial payment.
Any assessed property owners meeting the requirements of this law and the ordinance adopted under it may
apply to the City Clerk for the prescribed form for such deferral of payment of the special assessment on the
property. (Please call City Hall at 430-8813 if you desire more information about the special assessment
deferral).
If you are not notified within 10 days after the public hearing of any change in the assessment - this is
your invoice and bill for the proiect. Payment must be received by November 17
or interest will be charged.
Diane F. Ward, City Clerk
.
.
NOTICE OF HEARING ON PROPOSEDASSESSMENT FOR GRADING OF CITY LOT
(L.I. 362)
September 17,2004
Notice is hereby given that the Stillwater City Council will meet at 7:00 p.m., or as soon as possible thereafter,
October 5, 2004 in the Council Chambers at City Hall, 216 N. 4th Street to adopt the proposed assessment for
L.I. 362: Grading of city lot. The following is the area proposed to be assessed:
2310 Boom Road - Part of Govt Lot 1 Beg in W Line of Boom Road 257 ft S of the N line ofSD Sec 21
meas along the SD Wly line of SD Boom Road
The improvements consists of: Grading of city lot - $2,900.00
NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15,
2004. Ifpayment is not received by November 15,2004, the amount listed above will be collected over a 5-
year period with interest added at 5% per year on the unpaid balance. The yearly installments will be collected
with the property taxes that are paid to Washington County. To the first installment shall be added interest on
the entire assessment from the date ofthe hearing, October 5,2004 through December 31,2005. To each
subsequent installment when due shall be added interest for one year on all unpaid installments. Property .
owners may at anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in
whole or part) to the City of Stillwater.
Written or oral objections thereto by any property owner will be considered at the meeting. No appeal may be
taken as to the amount of an assessment unless a written objection, signed by the property owner, is filed with
the clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may consider an
objection to the amount of the proposed individual assessment at an adjourned meeting, if so advised. Upon
such action, affected property owners would receive further notice.
If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:
1. The city will present its case first by calling witnesses who may testify by narrative or by examination,
and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed
to ask questions. This procedure will be repeated with each witness until neither side has further
questions.
2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as
the objector desire. The same procedure for questioning of the city's witnesses will be followed with the
objector's witnesses.
.
3.
~.
The objector may be represented by counsel.
Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to
the council as to the weight of items of evidence or testimony presented to the council.
5.
The entire proceedings will be tape-recorded (video-taped).
6.
At the close of presentation of evidence, the objector may make a final presentation to the council based
on the evidence and the law. No new evidence may be presented at this point.
7.
The council may adopt the proposed assessment at the hearing.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving
notice of the appeal upon the mayor or clerk ofthe city within thirty (30) days after the adoption of the
assessment and filing such notice with the district court within ten (10) days after service upon the mayor or
clerk.
Under Minnesota Statutes Section 435.193 to 435.195 and Stillwater City Code, Chapter 56.05, the Council
may, in its discretion, defer the payment of this special assessment for any homestead property owned by a
person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a
hardship to make the payments.
The option to defer the payment of special assessments shall terminate and all amounts accumulated plus
.plicable interest, shall become due upon the occurrence of any ofthe following events: (a) the death of the
owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or
subdivision of the property or any part thereof; if the property should for any reason lose its homestead status;
or (d) if for any reason the taxing authority deferring payments shall determine that there would be no hardship
to require immediate or partial payment.
Any assessed property owners meeting the requirements of this law and the ordinance adopted under it may
apply to the City Clerk for the prescribed form for such deferral of payment of the special assessment on the
property. (Please call City Hall at 430-8813 if you desire more information about the special assessment
deferral).
Diane F. Ward, City Clerk
Publish:
Friday, September 17,2004
Post:
Friday, September 17,2004
.