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2006-08-15 CC Packet
.PECIAL MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Budget - Library REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-17 Council Chambers, 216 North Fourth Street August 15, 2006 4:30 P.M. REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of August 1, 2006 regular and recessed minutes and August 8, 2006 special meeting minutes PETITIONS, INDIVIDUALSj DELEGATIONS & COMMENDATIONS OPEN FORUM I The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. ThJ Council may take action or reply at the time of the statement or may give direction to staff regarding investigbtion of the concerns expressed. .1 3. City Clerk Canvassing Board Director of Admin STAFF REPORTS 1. Police Chief 5. Community Dev. Director 7. City Attorney 2. Fire Chief 4. ~ONSENT AGENDA* 1. Resolution 2006-172, directing payment of bills 2. Resolution 2006-173, appointing election judges and fixing compensation 3. Resolution 2006-17~, Memorandum of Understanding between the City of Stillwater and Local 517, Council No.5 of the {\merican Federation of State, County and Municipal Employees, AFL-CIO. 4. Resolution 2006-175, approval of wetland conservation act - Boutwell Road 5. Resolution 2006-176, approval of joint and cooperative agreement relating to the use of law enforcement person~el and equipment and the investigation of major cases 6. Possible approval of II Special Event - Art Reach Alliance - Annual Stillwater Historic Home Tour- September 16, 2006 7. Possible approval of Special Event - S1. Croix Education Assoc. - 5K walk for United Way - August 28, 2006 I 8. Possible approval of Special Event - Stillwater Fitness - 5K walk/run - benefiting Tubman Family Allicance - October 14, 2006 9. Possible approval to lpurchase software for Recreation Center 10. Possible approval of Ivariance to noise ordinance - Tim & Gayla Troolen 11. Resolution 2006-177, accepting work and ordering final payment for Terra Springs Wall Repair Project (Project 2003-08) I 12. Resolution 2006-178, aDDrovina contract with John T. Ballis 13. Possible approval of t~';"pora,.y liquor license - Episcopal Church of the Ascension - October 14, 2006 6. City Engineer/PWD 8. Finance Director 9. City Administrator PUBLIC HEARINGS . 1. Case No. ZAM/06-01. This is the date and time for the public hearing to consider a request from US Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TH, Townhou~e on 25.3 acres of land, Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from August 1, 2006) 2. Case No. ZAM/06-02. This is the date and time to consider a request from US Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to CR, Cottage Residential on 69.9 acres of land, Millbrook Development (Palmer Property), located south of TH 96, ~ west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to ~ affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from August 1, 2006) 3. Case No. ZAM/06-03. This is the date and time for the public hearing to consider a request from US Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TR, Traditional Residential on 72.7 acres of land, Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from August 1, 2006) 4. Case No. PUD/06-07. This is the date and time to hold a public hearing to consider a request from US Homes for a Planned Unit Development for a 270 lot development on 132+/- acres of land located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from August 1, 2006) 5. Case No. SUB/06-0S. This is the date and time to hold a public hearing to consider a request from US Homes for a Preliminary plat approval for a 270 lot development on 132+/- acres of land located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, MiUbrook Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from August 1, 2006) 6. Case No. ANN/06-01. This is the date and time to hold a public hearing to consider a request from US Homes for a Annexation of 132+/- acres of land zoned TH, Townhouse, CR, Cottage Residential and TR, Traditional Residential District into the City of Stillwater, Millbrook Development (Palmer property). located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from August 1, 2006) UNFINISHED BUSINESS NEW BUSINESS \~ ~ 1. Possible approval of Development Agreement for Millbrook (Resolution) 2. Possible approval of resolution declaring costs and ordering preparation of assessment roll for 2006 Street Improvement Project and 2nd and Nelson Street Storm Sewer Project (2 Resolutions) 3. Possible approval of resolution calling for an assessment hearing for 2006 Street Improvement Project and 2nd and Nelson Street Storm Sewer Project (2 Resolutions) 4. Possible approval of resolution approving bids and awarding contract for 2006 sidewalk project (Resolution) 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 CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-17 Council Chambers, 216 North Fourth Street August 15, 2006 ePECIAL MEETING ALL TO ORDER ROLL CALL OTHER BUSINESS 1. Budget - Library 4:30 P.M. REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES i Possible approval of August 1, 2006 regular and recessed minutes and August 8, 2006 special meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. Thd Council may take action or reply at the time of the statement or may give direction to staff regarding investig~tion of the concerns expressed. STAFF REPORTS I 1. Police Chief 3. CitY' Clerk 2. Fire Chief 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator eONSENT AGENDA* 1. Resolution 2006-172, directing payment of bills 2. Resolution 2006-173, appointing election judges and fixing compensation 3. Resolution 2006-17~, Memorandum of Understanding between the City of Stillwater and Local 517, Council No.5 of the f.merican Federation of State, County and Municipal Employees, AFL-CIO. 4. Resolution 2006-175, approval of wetland conservation act - Boutwell Road 5. Resolution 2006-17~, approval joint powers agreement for mutual aid with Washington County and agencies within Washington County 6. Possible approval of ' II Special Event - Art Reach Alliance - Annual Stillwater Historic Home Tour- September 16, 2006 7. Possible approval of 'Ispecial Event - St. Croix Education Assoc. - 5K walk for United Way - August 28, 2006 8. Possible approval of iSpecial Event - Stillwater Fitness - 5K walk/run - benefiting Tubman Family Allicance - October 14, 2006 9. Possible approval to 'purchase software for Recreation Center 10. Possible approval of ~ariance to noise ordinance - Tim & Gayla Troolen 11. Resolution 2006-177, accepting work and ordering final payment for Terra Springs Wall Repair Project (Project 2003-08) PUBLIC HEARINGS 1. Case No. ZAM/06-01. This is the date and time for the public hearing to consider a request from US Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TH, Townhou~e on 25.3 acres of land, Millbrook Development (Palmer Property), located south of TH 96, west of Ne~1 Avenue, north Brown's Creek and east of Manning Avenue. Notices were e mailed to affected prbperty owners and published in the Stillwater Gazette on May 5, 2006. (tabled from Augu~1, 2006) I 2. Case No. ZAM/06-02. This is the date and time to consider a request from US Homes for a Zoning Map amendment ch~nging the zoning designation from Agricultural Preservation, AP, to CR, Cottage Residential on 69.9 acres of land, Millbrook Development (Palmer Property), located south of TH 96, I .. west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from August 1, 2006) 3. Case No. ZAM/06-03. This is the date and time for the public hearing to consider a request from US Homes for a Zoning Map amendment changing the zoning designation from Agricultural Preservation, . AP, to TR, Traditional Residential on 72.7 acres of land, Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from August 1, 2006) 4. Case No. PUD/06-07. This is the date and time to hold a public hearing to consider a request from US Homes for a Planned Unit Development for a 270 lot development on 132+/- acres of land located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from August 1, 2006) 5. Case No. SUB/06-OS. This is the date and time to hold a public hearing to consider a request from US Homes for a Preliminary plat approval for a 270 lot development on 132+/- acres of land located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook Development (Palmer Property), in the TH, Townhouse, CR, Cottage Residential and TR, Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from August 1, 2006) 6. Case No. ANN/06-01. This is the date and time to hold a public hearing to consider a request from US Homes for a Annexation of 132+/- acres of land zoned TH, Townhouse, CR, Cottage Residential and TR, Traditional Residential District into the City of Stillwater, Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Manning Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from August 1, 2006) UNFINISHED BUSINESS . NEW BUSINESS 1. Possible approval of Development Agreement for Millbrook (Resolution) 2. Possible approval of resolution declaring costs and ordering preparation of assessment roll for 2006 Street Improvement Project and 2nd and Nelson Street Storm Sewer Project (2 Resolutions) 3. Possible approval of resolution calling for an assessment hearing for 2006 Street Improvement Project and 2nd and Nelson Street Storm Sewer Project (2 Resolutions) 4. Possible approval of resolution approving bids and awarding contract for 2006 sidewalk project (Resolution) (Available Tuesday) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. e 2 Proposed Pay 2007 Property Tax Impact Worksheet I All New Positions Removed Taxing District: I City of Stillwater I I STEP 1 - Calculate the Taxing District's Tax Rate: I . r Actual Proposed % Item Pay 2006 Pay 2007 Change (A) (B) (C) 1. Operating LevY $5.580.145 $6.178.529 10.7% 2. Debt Service l!.evy $3.305.610 $3.435.764 3.9% 3. Certifed Property Tax Levy = $8.885.755 $9.614.293 8.2% 4. Fiscal DisparitY Portion of Levy - $794.406 $819.599 3.2% 5. Local Portion of Levy = $8.091,349 $8.794,694 8.7% 6. Local TaxablelValue + 16.452.725 18,308,799 11.3% 7. Local Tax Rate = 49.179% 48.035% -2.3% 8. Market Value Referenda Levy $0 $0 0.0% 9. Fiscal DisparitY Portion of Levy (SDs only) - $0 $0 0.0% 10. Local Levy I = $0 $0 0.0% 11. Referenda Market Value 0 0 0.0% 12. Market ValuelReferenda Rate = 0.00000% 0.00000% 0.0% I STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: . . 13. Assumes a 3.0% increase in market value from 2006 to 2007. (D) (E) (F) (G) (H) (I) Taxing Total Taxing Taxing Taxable I District Mkt Value District District Market I Tax Gross Hstd share of Net Value , Capacity Tax Credit Credit Tax 14. 15. 16. 17. 18. 19. I Actual Pav 2006 500.000@1.0% (A 7 x E) + 76,000@.40% Irem @ 1.25% (A12X D) - rem@.09% (G)x% (F)-(H) Estimated Tax District rate as % of total rate: 51% 97,100 I 971 $477.53 $285.01 $145.36 $332.17 145,600 I 1 .456 $716.05 $241 .36 $123.09 $592.96 242,700 I 2.427 $1.193.57 $153.97 $78.52 $1,115.05 485.400 I 4,854 $2.387.15 $0.00 $0.00 $2,387.15 728,200 I 7,853 $3,862.03 $0.00 $0.00 $3,862.03 20. 21. 22. 23. 24. 25. I Proposed Pav 2007 Pay 2004 MV 500,000@1.0% (87 x E) + 76,OOO@.40% X 1.030 Irem@ 1.25% (812x D) - rem@.09% (G)x% (F)- (H) Estimated Tax District rate as % of total rate: 51% 100,000 I 1,000 $480.35 $282.40 $144.02 $336.33 150,000 I 1.500 $720.53 $237.40 $121.07 $599.46 250,000 I 2,500 $1,200.88 $147.40 $75.17 $1.125.71 500.000 I 5.000 $2.401.75 $0.00 $0.00 $2.401.75 750,000 I 8.125 $3,902.84 $0.00 $0.00 $3,902.84 26. 27. 28. 29. 30. $ Change from I Percentage Change from 2006 to 2007 2006 to 2007 3.0% I 3.0% 0.6% -0.9% -0.9% 1.3% $4.16 3.0% I 3.0% 0.6% -1.6% -1.6% 1.1% $6.50 3.0% I 3.0% 0.6% -4.3% -4.3% 1.0% $10.66 3.0% I 3.0% . 0.6% 0.0% 0.0% 0.6% $14.60 3.0% I 3.5% 1.1% 0.0% 0.0% 1.1% $40.81 . . e Proposed Pay 2007 Property Tax Impact Worksheet I MIS Position Only Taxing District: I City of Stillwater I I STEP 1 - Calculate the Taxing District's Tax Rate: I I I Actual Proposed % Item Pay 2006 Pay 2007 Change I (A) (B) (C) 1. Operating LevY $5,580,145 $6.231,861 11.7% 2. Debt Service Levy $3,305,610 $3,435,764 3.9% 3. Certifed Prop'erty Tax Levy = $8,885,755 $9,667,625 8.8% 4. Fiscal DisparitY Portion of Levy - $794,406 $819,599 3.2% 5. Local Portion of Levy = $8,091,349 $8,848,026 9.4% 6. Local Taxable~Value 16,452,725 18,308,799 11.3% 7. Local Tax Rate = 49.179% 48.327% -1.7% 8. Market Value Referenda Levy $0 $0 0.0% 9. Fiscal DisparitY Portion of Levy (SDs only) - $0 $0 0.0% 10. Local Levy I = $0 $0 0.0% 11. Referenda Market Value ... 0 0 0.0% 12. Market ValuelReferenda Rate = 0.00000% 0.00000% 0.0% I STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a 3.0% increase in market value from 2006 to 2007. (D) (E) (F) (G) (H) (I) Taxing . Total Taxing Taxing Taxable District Mkt Value District District Market Tax Gross Hstd share of Net Value , Capacity Tax Credit Credit Tax 14. 15. 16. 17. 18. 19. Actual Pay 2006 500,000@1.0% (A7 x E) + 76,000@.40% Irem@ 1.25% (A12X D) - rem@.09% (G)x% (F)-(H) Estimated Tax District rate as % of total rate: 51% 97,100 I 971 $477.53 $285.01 $145.36 $332.17 145,600 I 1,456 $716.05 $241 .36 $123.09 $592.96 242,700 I 2,427 $1,193.57 $153.97 $78.52 $1,115.05 485,400 I 4,854 $2,387.15 $0.00 $0.00 $2,387.15 728,200 I 7,853 $3,862.03 $0.00 $0.00 $3,862.03 20. 21. 22. 23, 24. 25. Proposed Pay 2007 Pay 2004 MV 500,OOO@1.0% (B7 x E) + 76,000@.40% X 1.030 Irem@ 1.25% (B12 x D) - rem@.09% (G)x% (F)-(H) Estimated Tax District rate as % of total rate: 51% 100.000 1,000 $483.27 $282.40 $144.02 $339.25 150,000 1,500 $724.91 $237.40 $121.07 $603.84 250,000 2,500 $1,208.18 $147.40 $75.17 $1,133.01 500.000 5,000 $2,416.35 $0.00 $0.00 $2,416.35 750.000 8,125 $3,926.57 $0.00 $0.00 $3,926.57 26. 27. 28. 29. 30. $ Change from Percentage Change from 2006 to 2007 2006 to 2007 3.0% 3.0% 1.2% -0.9% -0.9% 2.1% $7.08 3.0% 3.0% 1.2% -1.6% -1.6% 1.8% $10.88 3.0% 3.0% 1.2% -4.3% -4.3% 1.6% $17.96 3.0% 3.0% 1.2% 0.0% 0.0% 1.2% $29.20 3.0% 3.5% 1.7% 0.0% 0.0% 1.7% $64.54 . Proposed Pay 2007 Property Tax Impact Worksheet I Original Proposed Taxing District: I City of Stillwater I I STEP 1 - Calculate the Taxing District's Tax Rate: I I Actual Proposed % item Pay 2006 Pay 2007 Change I (A) (6) (C) 1. Operating LeVy $5.580,145 $6.435,650 15.3% 2. Debt Service Levy $3,305.610 $3.435.764 3.9% 3. Certifed Property Tax Levy = $8,885,755 $9.871.414 11.1% 4. Fiscal Disparitv Portion of Levy - $794.406 $819.599 3.2% 5. Local Portion of Levy = $8,091,349 $9,051,815 11.9% 6. Local Taxable'Value 16,452,725 18,308.799 11.3% 7. Local Tax Rate = 49.179% 49.440% 0.5% 8. Market Value Referenda Levy $0 $0 0.0% 9. Fiscal Disparitv Portion of Levy (SDs only) - $0 $0 0.0% 10. Local Levy I = $0 $0 0.0% 11. Referenda Market Value 0 0 0.0% 12. Market Valuel Referenda Rate = 0.00000% 0.00000% 0.0% I STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a 3.0% increase in market value from 2006 to 2007. (D) (E) (F) (G) (H) (I) Taxing Total Taxing Taxing Taxable , District Mkt Value District District e Market , Tax Gross Hstd share of Net Value I Capacity Tax Credit Credit Tax I , Actual Pav 2006 500,000@1.0% (A7 x E) + 76,000@.40% I rem @ 1.25% (A12X D) - rem@.09% (G)x% (F)-(H) 14. Estimated Tax District rate as % of total rate: 51% 15. 97,100 I 971 $477.53 $285.01 $145.36 $332.17 16. 145,600 I 1 ,456 $716.05 $241.36 $123.09 $592.96 17. 242,700 I 2.427 $1,193.57 $153.97 $78.52 $1,115.05 18. 485.400 I 4,854 $2,387.15 $0.00 $0.00 $2,387.15 19. 728,200 I 7,853 $3,862.03 $0.00 $0.00 $3,862.03 I , Proposed Pay 2007 Pay 2004 MV 500.000@1.0% (B7 x E) + 76,000@.40% X 1.030 Irem @ 1.25% (B12 x D) - rem@.09% (G)x% (F). (H) 20. Estimated Tax District rate as % of total rate: 51% 21. 100,000 I 1,000 $494.40 $282.40 $144.02 $350.38 22. 150,000 I 1,500 $741.60 $237.40 $121.07 $620.53 23. 250,000 I 2,500 $1,236.00 $147.40 $75.17 $1,160.83 24. 500,000 I 5,000 $2.472.00 $0.00 $0.00 $2.472.00 25. 750,000 I 8,125 $4,017.00 $0.00 $0.00 $4,017.00 I $ Change from Percentage Change from 2006 to 2007 2006 to 2007 . 26. 3.0% I 3.0% 3.5% -0.9% -0.9% 5.5% $18.21 27. 3.0% I 3.0% 3.6% -1.6% -1.6% 4.6% $27.57 28. 3.0% I 3.0% 3.6% -4.3% -4.3% 4.1% $45.78 29. 3.0% I 3.0% 3.6% 0.0% 0.0% 3.6% $84.85 30. 3.0% I 3.5% 4.0% 0.0% 0.0% 4.0% $154.97 I to . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-15 August 1, 2006 REGULAR MEETING Mayor Kimble callJd the meeting to order at 4:30 p.m. 4:30 P.M. ROLL CALL Present: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Ldministrator Hansen I Attorney Magnuson Comh1unity Development Director Turnblad Direttor of Administration Knauss I Interim Public Works Director Sanders Fina~ce Director Harrison Fire Chief Glaser Policb Chief Dauffenbach I Clerk Ward I OTHER BUSINESS I Library Proiect Update Bill Hickey, bresident of the Stillwater Public Library Board of Trustees, provided an update on tne library construction/renovation project. He said carpet is being installed and interior painting is in progress. The fences are being removed. It is anticipated that the certificate of occupancy will be received Sept 1, with opening of the facility the week of Sept. 11, lhe said. Budget wise, he said there was an issue with the roof and currently soil retentio~ issues are presenting a challenge. He said a number of people, including major donorb and several Council members have been through the building and comments have been favorable, he said. Feedback from those who have toured the building has: been unanimous in the need to repaint a green wall, as well as to switch some functions on the lower level. Mr. Hickey explained the functions of the office space on the upper floor. Councilmembers expressed their compliments on the project. Budqet - ElectionJMIS/Administration/Plant-City Hall/Washinqton County Recyclinq Grant I Director of Administration Knauss reviewed the proposed budget for elections, administrati~n, and plant/City Hall. Regarding the elections budget, Ms. Knauss noted the budget is minimal, as 2007 is an off-election year, other than for the school election. Ms. Knausslstated that for administration, there are no other capital expenditure requests otHer than those outlined by Ms. Holman, the budget is basically operating expenditure~, she said. Under plant/City Hall, Ms. Knauss said the City Hall window resealing, a $10,000 item that was eliminated from the budget earlier, will have to be put ~ City Council Meeting - 06-15 August 1, 2006 back in the budget request as it is recommended that windows be resealed every eight years. Another new item, she said, is a study to determine what needs to be done to . eliminate a water leakage problem. Also included is the ongoing carpet replacement and associated asbestos abatement. Councilmember Milbrandt questioned the need to replace the carpet in the Council chambers; Ms. Knauss said that could be eliminated if the Council wished. Councilmember Milbrandt questioned the amount requested in the building repair charges in the operating budget; City Administrator Hansen responded that the City Hall building has numerous problems and he is not sure the requested $24,000 is adequate. Rose Holman, MIS Specialist, reviewed the proposed MIS budget, including the requested capital outlay by the various departments. There was some discussion as to the request for wireless equipment for the fire/police departments and how that relates to the upcoming Washington County BOO-megahertz system. Councilmember Milbrandt asked about the inclusion of a Library item; Ms. Holman said she had not been involved in any of the Library equipment requests. Council member Junker asked about the proposed MIS capital expenditures as compared to the overall capital budget expenditures. Finance Director Harrison responded that the proposed MIS expenditures total about $220,000. Ms. Knauss noted the MIS operating budget includes the request for a new position, a position that was denied last year. Ms. Holman noted she is a one- person department and provides MISfiT services to all City departments and because she doesn't have enough time to respond to all requests, is reactive to problems, rather than being proactive with the network analysis. Ms. Holman noted that the number of computers the Library needs support for will double next year with the opening of the . new facility. Twenty percent of the requested new position would be paid through the Library budget, she noted. In response to a question about what happens in Ms. Holman's absence, Ms. Knauss stated that little IT work gets done other than backing up files and some trouble shooting of desk top computers and/or contacting the City's consultant for assistance. Ms. Knauss said the new position is envisioned as performing the day-to-day duties in order to free up Ms. Holman to implement projects and work on the network. If the position is not approved, Ms. Knauss suggested the Council will have to decide on what projects to eliminate or possibly no longer provide support to the Library. Councilmember Harycki suggested exploring the use of consultants on an as- needed basis to serve the Library. Ms. Knauss reviewed the Washington County recycling grant, a grant that must be used for education purposes. The grant money can no longer be used to subsidize contracted services for recycling, she explained. Louis F. Jambois. Executive Director Association of Metropolitan Municipalities Mr. Jambois began by inviting the City of Stillwater to rejoin the ranks of the Association of Metropolitan Municipalities (AMM). He noted dues for 2007 would be $5,400. He highlighted the reasons to be an AMM member and the Association's mission statement. One of the primary advantages of membership, he said, is that the AMM is the primary advocate for metropolitan-area communities at the Metropolitan Council ane Page 2 of 11 " . . . City Council Meeting - 06-15 August 1, 2006 cited seveJI examples of the AMM's work on issues at the Met Councilleve!. He also briefly highlighted issues the AMM advocates for at the state level. City Administrator Hansen notbd the decision to drop out of AMM, in 2003, was not due to any dissatisfacti~m with the organization, but was purely a budget move. I STAFF REPORTS I Police Chief Dauffenbach reviewed Lumberjack Days activities and said from his departmentls point of view, the event went very well. He said some changes made this year, including the use of the south part of Lowell Park, worked well, as did the additional h6ur allowed for beer sales. There were no major felonies, he said, but some gang-related presence was observed. Mayor Kimble and City Administrator Hansen both report~d that they had not received one negative call about this year's festivity. Councilmerhbers also passed along positive comments regarding the Lumberjack shows. Thete was some discussion as to the impact on downtown businesses. Councilmerhber Milbrandt suggested next year consideration be given to some type of parking acc6mmodations during the daytime hours on Thursday and Friday for people who have Ptofessional appointments in the impacted downtown area. Chief I Dauffenbach said next year he plans to take actions to eliminate the spraying of water/hoses during the LJD parade. Chief Dauffenbach noted the annual police departmentlauction was set for Aug. 3 at the Public Works facility. Fire Chief qlaser reminded the Council that Aug. 1 was National Night Out and said police and fire departments would be out in the community visiting with folks and promoting ~afety. He also noted that the new grass rigs have been received and should be ready fo~ display by the Aug. 15 Council meeting. Chief Glaser said he concurred with Chief Dauffenbach about the success of Lumberjack Days. He said his department I responded to 37 calls directly related to downtown events, about the same number as 2005. Community Development Director Turnblad said staff had met with Readex, a local survey firm, regarding putting together a community survey, an issue discussed in the Council's g6al-setting session. The cost would be less than the last proposal received from Read~x, he said. The proposal calls for 30 percent of the City households to be surveyed. I~ approved, as a Consent Agenda item, the Council would receive a set of possible questions by Sept. 5, with fieldwork beginning Sept. 18, and results delivered Nov. 13. M~. Turnblad also told the Council that Cub Foods would like to go back to the Planning C6mmission with their proposal for a fuel center at the Stillwater store, a I request that the Planning Commission originally denied. He said the proposal has been revised and' Cub is asking that the Council waive the one-year waiting period to submit the new plah to the Planning Commission. It was the consensus of the Council to direct the revised iCUb fuel center plans back to the Planning Commission. Interim Public Works Director Sanders referred to his memo regarding the City's chemical tr~atment of City lakes/ponds. He noted that Lily Lake is treated annually -- the swimming beach and fishing pier for aquatic vegetation and the entire lake for plankton Page 3 of 11 ", City Council Meeting - 06-15 August 1, 2006 algae and some years for filamentous algae. Lily Lake shoreline properties also contract for their own weed removal on their shoreline. Also, the City has in the past treated . ponds in the area near Echo Lane, Birchwood Drive and Linden, he said; treatment of those ponds was discontinued in 2002 due to budget constraints. Average cost of treatment for the ponds was $2,400 a year; average cost of Lily Lake treatment is about $4,000 a year. He reported that the DNR permit had been received for the harvesting of McKusick Lake; the work should begin within the week. He also stated the permit had been received for Long Lake so that work will begin when McKusick is finished. City Administrator Hansen reminded Councilmembers of the Aug. 8 and Aug. 15 budget sessions. Both sessions begin at 4:30 p.m., he noted. The meeting was recessed at 6:11 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 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 Fire Chief Glaser Police Chief Dauffenbach City Clerk Ward . APPROVAL OF MINUTES Motion by Council member Junker, seconded by Councilmember Milbrandt to approve the regular and recessed meeting minutes of July 11, 2006 and regular meeting minutes of July 18, 2006. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation to Wayne Anderson & Mary Ruch for service on Charter Commission Mayor Kimble read the Certificates of Appreciation to Wayne Anderson and Mary Ruch for their service on the Charter Commission. Motion by Council member Harycki, seconded by Councilmember Polehna to adopt the Certificates of Appreciation. All in favor. OPEN FORUM . Page 4 of 11 . . e City Council Meeting - 06-15 August 1, 2006 There were no public comments. Mayor Kimble reminded residents that Aug. 1 was National Night Out. Fire Chief Glaser stated me~bers of the Police and Fire Department would be making a number of visits in the comiunity promoting safety and handing out educational materials. CONSENT AGENDA* Motion by council~ember Junker, seconded by Council member Milbrandt to approve the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2006-166, directing payment of bills ResolutionI2006-167, approval of proposal with Readex for Community Survey Possible apbroval of purchase of ten 8' picnic tables for Pioneer Park ResolutionI12006-168, annexation resolution relating to Washington County (Available Tuesday Possible approval of special event - street closure - neighborhood block party - Liberty on the Lake I PUBLIC HEARINGS Case No. V/06-32! This is the date and time for a public hearinq to consider an appeal of the Planninq Commission's decision on a request from American Classic Homes for a variance to the side yard-corner setback (25 feet required. 10 feet requested) for the construction of a residence located at 735 Liberty Court in the LR. Lakeshore Residential District. and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 21.2006. communitylDeVelopment Director Turnblad reviewed the request. He noted one of the factors in the Planning Commission's denial was fairly strong opposition from two of the immediate heighbors. Subsequent to the Planning Commission meeting, he said the applicant mkt with both of the neighbors and both neighbors have now submitted letters saying theylare in favor of what is being proposed. Therefore, staff no longer has a strong opposition to the proposal, he said. Mayor KimJle opened the public hearing. Mike Gleason, American Classic Homes, reiterated tHat they had met with neighbors and neighbors are now in agreement that the proposSd location of the home is probably the best option. No other comments were I heard, and the hearing was closed. councilme~ber Polehna spoke to the uniqueness of the lot and conversation he had with neighbbring property owner. Page 5 of 11 '. City Council Meeting - 06-15 August 1, 2006 Motion by Council member Polehna, seconded by Councilmember Harycki to approve the requested variance. . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. ZAM/06-01. This is the date and time for the public hearinq to consider a request from US Homes for a Zoninq Map amendment chanqinq the zoninq desiqnation from Aqricultural Preservation, AP, to TH, Townhouse on 25.3 acres of land, Millbrook Development (Palmer Property), located south of TH 96. west of Neal Avenue. north Brown's Creek and east of Manninq Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from June 20, 2006) Case No. ZAM/06-02. This is the date and time to consider a request from US Homes for a Zoninq Map amendment chanqinq the zoninq desiqnation from Aqricultural Preservation, AP, to CR, Cottaqe Residential on 69.9 acres of land, Millbrook Development (Palmer Property). located south of TH 96. west of Neal Avenue, north Brown's Creek and east of Manninq Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5,2006. (tabled from June 20, 2006) Case No. ZAM/06-03. This is the date and time for the public hearinq to consider a request from US Homes for a Zoninq Map amendment chanqinq the zoninq desiqnation from Agricultural Preservation. AP, to TR. Traditional Residential on 72.7 acres of land, Millbrook Development (Palmer Property), located south of TH 96, west of Neal Avenue. north Brown's. Creek and east of Manninq Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (tabled from June 20. 2006) Case No. PUD/06-07. This is the date and time to hold a public hearinq to consider a request from US Homes for a Planned Unit Development for a 270 lot development on 132+/- acres of land located south of TH 96. west of Neal Avenue, north Brown's Creek and east of Manning Avenue, Millbrook Development (Palmer Property). in the TH, Townhouse. CR. Cottaqe Residential and TR. Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5, 2006. (Resolution) (tabled from June 20. 2006) Case No. SUB/06-05. This is the date and time to hold a public hearinq to consider a request from US Homes for a Preliminary plat approval for a 270 lot development on 132+/- acres of land located south of TH 96, west of Neal Avenue, north Brown's Creek and east of Mannina Avenue, Millbrook Development (Palmer Property), in the TH, Townhouse. CR. Cottaqe Residential and TR. Traditional Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5,2006. (Resolution) (tabled from June 20,2006) Case No. ANN/06-01. This is the date and time to hold a public hearinq to consider a request from US Homes for a Annexation of 132+/- acres of land zoned TH. Townhouse, CR. Cottaqe Residential and TR. Traditional Residential District into the City of Stillwater, Millbrook e Page 6 of 11 ~ . . . City Council Meeting - 06-15 August 1,2006 Development (pa1er Property), located south of TH 96, west of Neal Avenue, north Brown's Creek and east oflManninq Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 5,2006. (Resolution) (tabled from June 20,2006) communityl Development Director Turnblad told the Council that the above cases . should be tabled the August 15, 2006 meeting. Motion by council1ember Polehna, seconded by Councilmember Milbrandt to table the above public hearing to ~ugust 15, 2006. All in favor. This is the date an~ time to hold a public hearinq to consider the rehabilitation of sidewalks. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 21 and July 28.2006. I Interim Public Works Director Sanders reviewed the proposed improvement project. He said this ye~r's proposal includes 65 properties scattered throughout town; most of the properties ~re located in the central part of town - Myrtle, Olive and Owens streets. The feasibility r~port, he said, estimated 12,000 square feet of rehabilitation work with a total project costlof $92,000, or cost per square foot of $7.72. For sidewalk projects, 50 percent of the cost is assessed to the property owner, he said. Properties would be assessed fdr 10 years at estimated interest rate of 5 percent. If the project is approved and plans ahd specs ordered, bids could be opened and contract awarded Aug. 15, with constructioh in September and assessment hearing in October, he said. councilmelber Harycki asked about a letter the City had received regarding the project. It was noted the letter had been received the day of the meeting, and Mr. Sanders sai'd he had not had time to look at the property in question. Mayor Kimble opened the Ipublic hearing. No comments were received, and the hearing was closed. councilme~ber Junker noted this is a continuation of an ongoing effort to improve sidewalks throughout town. Councilmember Polehna agreed that having a walkable community is a great amenity. Council member Milbrandt asked Mr. Sanders to research the one lett~r that had been received. Motion by council~ember Junker, seconded by Councilmember Milbrandt to adopt Resolution 2006-169, ordering improvement and preparation of plans & specifications for the 2006 Sidewalk Rehabilitation Project (Project 2006-05) and to research the one letter that had been received conterning the improvement. Ayes: councilmejbers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None I UNFINISHED BUSINESS There was ~o unfinished business. Page 7 of 11 ~ City Council Meeting - 06-15 August 1 , 2006 NEW BUSINESS Discussion of sketch plan and annexation timinq of Krech Exteriors property at McKusick, south of McKusick & east of Manninq Avenue (north & west of Settlers Glen Subdivision) . Discussion of sketch plan and annexation timinq of Classic Homes property at Marvlane Avenue. south of McKusick Road. Community Development Director Turnblad introduced the above items relating to sketch plan and annexation of the properties noted. He noted both were discussion items only. He said the primary question for the Council's consideration for both Items is the timing of annexation. He pointed out that both properties are in close proximity to the Manning Station site. In discussion regarding the Manning Station proposal, he noted the Council thought the timing for annexation is still up for debate and probably premature until the arterial transportation infrastructure is upgraded with either signalization of the Manning/McKusick intersection and/or a north-south connector somewhere in the area of Neal Avenue. The Planning Commission also recommended against annexation at this time, he said. Steve May, American Classic Home, said he understood the concerns regarding traffic issues. He said he understood from Joe Lux, Washington County Transportation Department, that the three proposed developments in the area (Krech, American Classic Home and Manning Station) might warrant a signal at Manning/McKusick. Mr. May also suggested that a proposal from Bruggemann developers might result in the . north-south connector. Mr. May asked that the Council provide some input as to whether they favor the proposals so they can tell the respective property owners whether or not to continue to expend money on plans. Councilmember Junker said he liked the proposed lot sizes. He said in discussion at the Planning Commission, it was felt there ought to be an overall plan for the area, noting that the three proposals vary in proposed density and lot sizes. Councilmember Junker also suggested that proceeding on the assumption that development will prompt the signal at Manning/McKusick was putting the cart before the horse. Councilmember Harycki agreed that it would premature to look at annexation until traffic issues are being addressed. Councilmember Milbrandt spoke in favor of the Planning Commission looking at this whole quadrant and developing a comprehensive plan for the area. City Administrator Hansen told the Council there is the possibility of some grant money for a signal at Manning/McKusick, a possibility that is currently being explored by the City and County. Community Development Director Turnblad pointed out that the City is beginning the process of revising its Comprehensive Plan as required by state law; by statue, cities must revise their Comprehensive Plans by September 2007. Mr. Turnblad said in revising the Comprehensive Plan, one of the areas that will be concentrated on is the undeveloped land in the annexation area to develop a vision for that area regarding desired housing mix and infrastructure needs. However, Mr. Turnblad said the City is at least a year away from knowing what that vision will be. . Page 8 of 11 . . . City Council Meeting - 06-15 August 1, 2006 Leon opaJ of RLK, consultant for both Krech and Steve May, said both property owners arel interested in developing at this time but understand there are some transportation issues. He suggested there may be some advantage to the City to install sanitary se~er when the water main is installed in Marylane, as well as some financial advantage to the City to annex these properties to help pay for that infrastructure. Mr. May asked Ifor clarification as to the Council's primary concern regarding the traffic issues. Councilmember Junker said traffic was only one concern and reiterated the need for developing a comprehensive approach for the entire quadrant. Councilmember Milbrandt agreed with Councilmember Junker's comments regarding the need for comprehensive planning. It was noted there would be opportunities for input in the I process of the Comprehensive Plan revision, but advised it also was noted that process is a time cdnsuming one. Mayor Kimble suggested referring the proposals back to the Planning C~mmission and have the Planning Commission invite the developers to participate in developing a vision for that area so those visions can be incorporated in the Compr~hensive Plan update. Councilmember Milbrandt pointed out that the developerslwould have an opportunity to participate in discussions during the Comprehensive Plan update process and referring these plans back to the Planning Commissioh would be asking the Planning Commission to do double duty. Mayor Kimble responded that he was not suggesting adding work for the Planning Commission but was suggesting that the Commission begin work on this quadrant first in the process of completing the required Comprehensive Plan update. Possible approvallof plans and specifications for sidewalk rehabilitation proiect and authorization to advertise for bids Motion by council~ember Junker, seconded by Councilmember Polehna to adopt Resolution 2006-170, approving plans & specifications and ordering advertisement for bids for 2006 Sidewalk Rehabilitation Project (Project 2006-05). Ayes: councilmeJbers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible acceptinq of bids and awardinq contract for Boutwell Road Phase III proiect (Resolution) I Interim Public Works Director Sanders reported five bids were received, with MJ Raleigh submitting the low bid of $2.1 million. The low bid is in line with the engineer's estimate, he said, and it is recommended that the bid be awarded to MJ Raleigh Trucking. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2006-~71, accepting bid and awarding contract for Boutwell Road Project Phase III (Project 2005-05B). Ayes: councilmeJbers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Page 9 of 11 City Council Meeting - 06-15 August 1, 2006 COUNCIL REQUEST ITEMS . Council member Harycki asked if any consideration had been given to placing at sign at Second and Hazel Street to direct traffic to Highway 95. It was agreed to have Interim Public Works Director Sanders discuss the matter with Police Chief Dauffenbach. STAFF REPORTS (continued) Police Chief Dauffenbach reminded residents of the upcoming annual auction of seized items and surplus equipment to be held at the Public Works facility on Aug. 3. The cities of Bayport, Oak Park Heights and School District 834 were also to participate in the auction, he noted. Interim Public Works Director Sanders reported that construction of the Second and Nelson storm sewer project was to begin later in the week. He said access to Teddy Bear Park will be open at all times; the UBC parking lot also will remain open, he said. He said harvesting of McKusick Lake was scheduled to begin the following week. ADJOURNMENT to Executive Session for possible litigation regarding North Hill Project Motion by Council member Junker, seconded by Councilmember Harycki, moved to adjourn at 7:46 p.m. All in favor. . Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2006-166, directing payment of bills Resolution 2006-167, approval of proposal with Readex for Community Survey Possible approval of purchase of ten 8' picnic tables for Pioneer Park Resolution 2006-168, annexation resolution relating to Washington County {Available Tuesday Possible approval of special event - street closure - neighborhood block party - Liberty on the Lake Resolution 2006-169, ordering improvement and preparation of plans & specifications for the 2006 Sidewalk Rehabilitation Project (Project 2006-05) Resolution 2006-170, approves plans & specifications and ordering advertisement for bids for 2006 Sidewalk Rehabilitation Project (Project 2006-05). . Page 10 of 11 . City Council Meeting - 06-15 August 1, 2006 ReSOIUtioJ 2006-171, accepting bid and awarding contract for Boutwell Road Project Phase III (Rroject 2005-058) . . Page 11 of 11 . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-16 August 8, 2006 SPECIAL MEETING Acting Mayor JunJer called the meeting to order at 4:30 p.m. Present: cou~cilmembers Polehna, Harycki, and Junker Absent: Couhcilmember Milbrandt and Mayor Kimble 4:30 P.M. Others Present: City Administrator Hansen Interim Public Works Director Sanders Public Works Superintendent Thomsen Assistant Public Works Superintendent Chaves Community Development Director Turnblad City Attorney Magnuson Finance Director Harrison St. Croix Recreation Center Manager Brady Fire Chief Glaser Deputy Chief Ballis OTHER BUSINESS I Budqet Workshop Community Deve,loment Community Development Director Turnblad reviewed the proposed budget for Community Development and the Building Department. Public Works/Enqineerinq I Interim Public Works Director Sanders, Public Works Superintendent Thomsen, Assistant P~blic Works Superintendent Chaves provided an operation report on Public Works and Engineering. They also reviewed the proposed budgets for streets, parks, shop, sewet enterprise fund, and engineering. Recreation cente~ Recreation !center Manager Brady reviewed the proposed budget for the operation of the St. Croix Valley Recreation Center. He also reviewed various activities held at the Recreation ICenter. Fire Fire Chief Glaser provided an operations review of the department and presented the proposed bUdget for the Fire Department. City Council Meeting - 06-16 August 8, 2006 Police Police Chief Dauffenbach provided an operations review of the department and presented the proposed budget for the Police Department. City Attorney City Attorney Magnuson reviewed the proposed budget for legal services. Finance Finance Director Harrison reviewed the proposed budget for the finance department. Special Events/Mayor & Council City Administrator Hansen reviewed the Mayor & Council, Unallocated and Special Events budgets. City Administrator summarized the entire budget as well as any impact to the residents. ADJOURNMENT Motion by Council member Polehna, seconded by Councilmember Harycki to adjourn the meeting at 8:55 p.m. David Junker, Vice Mayor ATTEST: Larry D. Hansen, City Administrator Page 2 of 2 . . . -Memo To: Mayor and Council From: Dian:e F. Ward, City Clerk Date: 8/15/2006 Subject: can~aSSing Board for Primary & General Election I As you k~OW' the City Council is the canvassing board for the Primary and General local election. Council is required to declare results of the primary no later than Septembet 14 for the Primary and no later than Tuesday, November 14 for the General Electioh (there is no Council meeting on the 14th). The canvassing board meeting is a spJcial meeting and will have to be published. In the pabt, the canvassing board has met at 8:00 a.m. the day after the Elections. I am requesting that Council consider holding this meeting on Wednesday, September 13 ~nd November 8 at 4:30 p.m. to allow me enough time to prepare the statistics during I the day instead of after the election administration is completed on Election Day (which is approximately 10 p.m. for Primary and Midnight for the General). I ACTION REQUIRED: DeterminJ the time for canvassing the results of the local primary election. . - , LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2006-172 eABS Company Ace Hardware All Star Wireless Ancom Communication, Inc Anderson, Judith Aspen Mills AT&T B J Haines Tree Service Board of Water Commissioner I Bonestroo, Rosene, Anderlik & Associates Boyer Trucks Savage Brines Market Bryan Rock Products Buberl Black Dirt Carquest Cartridge World Catco Cates Construction Century Power Equipment City of Bayport City of Forest Lake City of St. Paul Park Coca Cola Comcast .oordinated Business Systems Cub Foods Delta Dental Desch, Mark & Gloria Election Data Direct Emergency Automotive Tech Ess Brothers & Sons Fire Equipment Specialties, Inc Fire Guard Sprinkler Svc. Foremost Promotions Fred Pryor Seminars G&K Galls GCR Minneapolis Truck Tire Genter Gopher State One Call Grafix Grainger GS Direct Handy Hitch & Welding Healy, Sara Hennepin Technical College Heritage Printing .LB Tautges Redpath, L TO Holiday Credit Office J. Gardner & Associates, LLC Jansen, Chad 1 st Half TIF #1 Collections Equipment Repair Supplies Radio Repair Black Earpieces, Low Noise Kits Grading Escrow Refund Uniforms Telephone Tree Removal Hydrant Repair, July Water Meter Report Professional Services 6106 Engine Repair Dinners for Budget Meeting Gravel Black Dirt Equipment Repair Supplies Refill Ink Equipment Repair Supplies Grading Escrow Refund Chain Loop Reserve Officers for LJD Reserve Officers for LJD Reserve Officers for LJD Soda for Concessions Cable Repair Fax Food for Police/Fire for LJD Cobra Dental 1st HalfTlF #1 Collections Election Supplies Lights on Squad Cars Equipment Repair Supplies Tool Kit Safety Equipment Firefighter Hats Conference Fees Uniform Cleaning, Rugs, Towels, Mops Uniforms Tires July Billable Tickets Graphics for New Grass Rigs General Supplies Executive XR Bond 36"x500' 3" Core Minor Equipment Refund Credit Balance on Sewer Account Education Newsletter Printing/Hockey Flyers Professional Services Propane Fire Education Material Class Training 1 ,870.99 457.07 116.50 200.75 1,500.00 214.90 85.93 400.00 8,601.76 45,299.54 2,018.89 66.33 52.93 35.15 3,131.88 63.90 1.69 1,500.00 43.07 955.80 1 ,232.79 958.14 584.40 68.33 237.90 188.22 346.10 9,127.80 1,464.35 6,380.32 2,662.50 238.53 240.00 344.16 199.00 2,459.52 85.98 374.88 482.85 1,712.00 30.71 56.78 197.71 43.20 3,680.25 4,710.29 1,058.25 61.15 172.00 395.28 EXHIBIT" A" TO RESOLUTION #2006-172 Jansen's Cleaning Service Johnson Controls Kirk, Inc. Knauss, Chantell Kustom Signals, Inc. Lanoga Corporation Lansted Homes League of MN cities Line-X of Hudson Lowe St. Croix Valley Fire Dept Mac queen Magler, Jeff Menards Met Council Metropolitan Council MIDC Enterprises Mil Life MN Occupational Health Moore, Richard Mulcahy, Gary Northern Tool Northwestern Tire Co. Office Depot OnSite Sanitation Orrin Thompson Homes P. R. S. Mechanical Plant Health Associates Porta Pot Sanitation LLC Press Publications Quality Contracting Red Bud Supply, Inc Reed's Sales & Service RiverTown Newspaper Safety - Kleen Systems Semler, John Service on a Shoestring Shorty's Sirchie Finger Print Lab Sprint St. Croix Recreation Co. Steiner, Lucy Stick Wizard Stillwater Equipment Co. Stillwater Gazette Stillwater Motor Co. Stillwater Towing Stork Twin Cities Testing Streicher's TA Schifsky & Sons, Inc Taillon, Ken Boiler Maintenance, Cover Ron's Vacation Compressor Repair Equipment for Grass Rigs Reimburse for August Expenses Equipment Repair Charges 1 st Half 2006 TIF #1 Collections Grading Escrow Refund Deductible for Sewer Backup Spray Beds on New Grass Rigs Fire Boat Support for LJD Equipment Repair Supplies Reimburse for Completed Classes General Supplies Wastewater Service for August 2006 July 2006 Service Availability Charges Equipment Repair Supplies Term Life Insurance Drug Test Collections Professional Services Reimburse for Duplicate Assessment Payoff Small Tools Tires Office Supplies Portable Restroom Rental Grading Escrow Refund Building Repair Charges Professional Services Weekend Toilet Rental for LJD City Engineer Ad Street Light Locates on 2006 Street Project Safety Equipment Equipment Repair Supplies Printing and Publishing Oil Service 1st Half 2006 TIF #1 Collections 1/2 Recycling Consultation Dry Cleaning Lifting Tape, Backing Sheet Cell Phone Equipment Repair Supplies Park Deposit Refund Equipment Repair Supplies Rechargeable Batteries Printing and Publishing Automotive Maintenance Supplies Towing Professional Services Shot Guns Asphalt Landscape Escrow Refund Page 2 , 366.00 605.00 27,088.0. 153.51 1,191.18 6,249.97 1,500.00 500.00 898.00 600.00 192.66 1,140.00 177.68 95,087.50 13,810.50 46.43 1,305.36 395.00 2,200.00 364.21 24.48 200.85 811.99 1,179.22 27,000.0. 294.50 787.50 170.40 239.00 465.00 173.98 15.33 94.60 354.37 4,098.37 3,250.00 91.59 45.70 68.36 123.54 50.00 183.00 110.76 1,109.65 43.59 271.59 1,420.2. 1,025.54 887.44 1,330.25 1 EXHIBIT" A" TO RESOLUTION #2006-172 Todd Allen Homes Toll Gas & Welding eTopper World of MN Traffic & Parking Control Company, Inc Tri State Bobcat Wally Carlson & Sons Washington County Transportation Waste Management Salvage Watson Co. Yocum Oil Zoller, Rob ADDENDUM TO BILLS Ace Hardware Adolfson & Peterson Construction Ancom Technical Center Appletree Institute Arcon Construction Aspen Equipment Carquest Clark, Luann Data One Election Data Direct Fleischhacker, Dave Fuhr Trenching .overnmental & Nonprofit Assistance Center GS Direct M. R. Danielson Advertising Magnuson Law Firm Menards Municipal Boundary Adjustments Northern Escrow Northern Traffic Supply Office Depot Quill Qwest Red Horse Shred-It S1. Croix Events Stillwater Gazette TA Schifsky Teledyne Isco, Inc. Xcel Yocum Oil e Page 3 Grading Escrow Refund General Supplies General Supplies General Supplies Equipment Repair Supplies Diesel Fuel for Genset Road Striping, Traffic Services 1 st Payment of 2006 Garbage Certification Concession Supplies Fuel Reimburse for Fire Education Materials Equipment Repair Supplies Library Stairs Radio Repair Sept 2006 Health/Hospital Retiree & Cobra Application #3 2006 Streets Valve Equipment Repair Supplies Cleaning At City Hall Laser Jet Drum Kit, & Colored Ink Election Supplies Work Boots Pipe Install at Rainbow Court GFOA Exam for Colleen Printer & Copy Supplies Website Hosting Professional Services Equipment Repair Supplies Filing Fee for Annexation Stillwater Prison Wall Signs and Barricades Office Supplies Office Supplies Telephone Large Plow Truck with Dump Body and Sander Document Shredding Fireworks Donation Publications Asphalt Flow Meter Electricity Fuel 3,000.00 8.36 13.79 78.90 79.03 1,280.93 8,111.27 22,422.33 332.57 8,521.32 72.86 16.49 19,000.00 228.01 30,530.46 245,328.12 74.59 3.62 1,221.25 369.26 521.85 75.00 4,650.00 145.00 91.52 680.00 10,503.43 723.71 75.00 43,716.68 627.29 1,202.71 392.59 934.71 56,387.49 83.80 5,000.00 94.80 1,440.37 10,523.27 15,755.50 3,046.27 EXHIBIT" A" TO RESOLUTION #2006-155 Page 4 TOTAL Adopted by the City Council this 15th Day of August, 2006 , 803,566.42 . . e I' . RESOLUTION 2006-173 APPOINTING ELECTION JUDGES AND FIXING COMPENSATION I BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named persons, sh1all be appointed as Election Judges, subject to the attendance of a two hour training to: be held on August 17, 22 or 31, 2006 and Washington County Training for Head J1udges to be held on August 21, 29 or 30, 2006, and eligible to serve at the Primary Election to be held on September 12, 2006 and/or the General Election I to be held on November 7, 2006 I BE IT FURT,HER RESOLVED, that the compensation to be paid to the regular Judges of Election be, and the same is hereby fixed at $8.75 per hour; and the compensation for t~e Head Judges is hereby fixed at $11.30 per hour and that the City will provide food to judges as part of their compensatio I . Agard Amrein Baer Baldwin Beberg Beberg Berg Berube Bickner Bickner Boyle Brandt Brandt Burton Cain Carter Carter Celski Celski Deaner Edstrom Eggers Empson Eshleman Falde Fitzgerald Frisk Glennon Goldberg Haak Hannig . Leslie Linda John Bur~ Byrdie Don' Syl~ia Bette MarY WilHam MarY Jo Emil Judith Rayl MarY Anita Orwin F ra ncis Karen Marilyn RicHard Elizabeth Don~ld MarY Helen Suel Elaine Betsy Helen Marilyn Cynthia Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Marine St. Croix Stillwater Stillwater Stillwater Stillwater Stillwater .~ Last Name:;; \tlFirst Nam~~ ;Address ," City l;;';;'~ · Haraldson Ann Stillwater . . . . Diane F. Ward, City Clerk Last Name First Name Address City, Ready Dee Stillwater I Adopted by the Stillwater City Council this 15th day of August, 2006. Jay L. Kimble, Mayor ATTEST: STAFF REQUEST ITEM . Department: Police/Fire I I DESCRIPTION OF REQUEST (Briefly outline what the request is) Council apprlval to renew the agreement with John T. Ballis to provide consulting s~rvices to conduct pre-employment background investigations for police and fir~ applicants. Date: August 15; 2006 FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request ~nd the proposed source of the funds needed to fund the request) The costs foJ these services are outlined in the contract. . ADDITIONAL INFORMATION ATTACHED Yes X No I ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK I A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULEd> COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief I Date: August 15, 2006 . RESOLUTION 2006-178 . APPROVAL OF AGREEMENT WITH JOHN T. BALLlS BE IT RESOLVED by the City Council of Stillwater, MN that the agreement by and between the City of Stillwater and John T. Ballis for background investigations, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign said agreement. Adopted by the Stillwater City Council this 15th day of August, 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . e , . . . AGREEMENT An Agreement Dated: August 15, 2006 By and between: City of Stillwater ("City") and John T. Ballis ("Consultant") Whereas, the City of Stillwater has need of specialized services and other functions, and consultation as n~eded to assist the city with the hiring process regarding applicants for the position of, Police Officer/ Firefighter and other positions of City Employment; and Whereas, consulLnts hy training and experience warrants that he/she pnssess the skill and expertise to tonduct thorough pre-employment background consultations as needed to assist the city rith the hiring process of individual/applicants as to their fitness and suitability for the position of Police Officer/Firefighter, and/or other positions of City I Employment, now therefore, It is agreed by thl City of Stillwater and the consultant as follows that: 1. For tt consideration hereinafter stated, consultant will perform pre- empl6yment background investigations as needed by the City of Stillwater, regarding persons who are applicant/candidates for the position of Police OfficJr/Firefighter and/or other positions of City employment. 2. For tJe consultant's faithful performance of his/her duties, the consultant will be paid the sum of$25.00 per hour or $1100.00 per candidate/applicant. 3. The cbnsultant will produce in-depth written interviews of all persons contabed by the consultant with an accompanying written commentary and analyJis supported by documentation when applicable as to the consultant's own Jvaluation of the fitness of the applicant/candidate. I 4. The Oity of Stillwater shall be responsible for setting the consultant's hours and niethodology of conducting any/all functions and consultations as needed to assist the city with the hiring process and such time lines as the City of Stillw~ter may establish for the completion of any consultation. 5. The cbnsultant shall keep confidential all investigative reports and other docurhents as may come into hislher possession and shall turn over the same to thel City of Stillwater for its use. , 6. The City of Stillwater will furnish the consultant with such items or identification and equipment that are needed to establish the consultant's relationship and perform his/her duties with the City of Stillwater.. All items of identification and equipment furnished to the consultant shall be returned upon termination of this agreement. . 7. The consultant is at all times hereunder an independent contractor and not an employee of the City of Stillwater and is not entitled to any of the rights, privileges or benefits granted regular City of Stillwater employees. 8. This agreement may be terminated without cause by either party upon forty- eight (48) hours written notice from one to the other and the City of Stillwater shall be liable for the value of the consultant's service to the effective date of the notice. 9. The City of Stillwater liaison for the purpose of this agreement will be the Chief of Pol iceIF ire Chief or his designee. 10. The effective date of this agreement shall be the date first noted above and unless terminated as provided herein at an earlier date, shall automatically terminate one (1) year from the effective date. 11. That the City of Stillwater will indemnify and hold harmless the consultant for any claims arising out of the consultant's performance herein, the consultant agrees to give his full cooperation and assistance in the defense of any claims. . Name: Address: City/State/Zip: City of Stillwater LiaisonlRepresentative: City: Mayor: City Clerk: . " Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-9519 Fax (651)297-5259 TTY (651)282-6555 DATE ~JWANIZED ~l\~ C STATE M. \ rL ~ Y'J BUSINESS PHONE (65\) 4~ ~ <6lS~ TYPE OF ORGANIZATIO o CLUB DCHARITABLE ADDf~S Nel4~~. Si'L.L~__ f\v~ ADDRESS TAX EXEMJYf NUMBER '" v' ADDRESS ~ If an outdoor area, describe ~\S N. ~~V'\. ST. s'\\ LL..U..J.~ Will the applicant contract for intobcating liquor services? If so, give the name arid address of the liquor licensee providing the service. I I I Will the applicant carry liquor lilbility in sur (NOTE: Insurance is not mandatory.) f I No so, tpe carrier's name and amount of coverage. \.!: ).,.. L . I APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITI1NG TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY City of StillWater DATE APPROVED CITY FEE AMOUNT $25.00 Iper day LICENSE DATES DATE FEE PAID 8'- ~-Ol" I SlGNATIJRE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director I Note: Do not seplte these two parts, send both parts to the address above and the original signed by this division w.. b. I~""" u ,.. "~. "'bml' to ... .b, M Coo"" .. ..... 3D da,. ""~ ... .ft., PS-09079 (61 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2006-172 .ABS Company Ace Hardware All Star Wireless Ancom Communication, Inc Anderson, Judith Aspen Mills AT & T B J Haines Tree Service Board of Water Commissioner Bonestroo, Rosene, Anderlik & Associates Boyer Trucks Savage Brines Market Bryan Rock Products Buberl Black Dirt Carquest Cartridge World Catco Cates Construction Century Power Equipment City of Bayport City of Forest Lake City of St. Paul Park Coca Cola Comcast ecoordinated Business Systems Cub Foods Delta Dental Desch, Mark & Gloria Election Data Direct Emergency Automotive Tech Ess Brothers & Sons Fire Equipment Specialties, Inc Fire Guard Sprinkler Svc. Foremost Promotions Fred Pryor Seminars G&K Galls GCR Minneapolis Truck Tire Center Gopher State One Call Grafix Grainger GS Direct Handy Hitch & Welding Healy, Sara Hennepin Technical College _Heritage Printing .,LB Tautges Redpath, L TD Holiday Credit Office J. Gardner & Associates, LLG; Jansen, Chad 1 st Half TIF #1 Collections Equipment Repair Supplies Radio Repair Black Earpieces, Low Noise Kits Grading Escrow Refund Uniforms Telephone Tree Removal Hydrant Repair, July Water Meter Report Professional Services 6106 Engine Repair Dinners for Budget Meeting Gravel Black Dirt Equipment Repair Supplies Refill Ink Equipment Repair Supplies Grading Escrow Refund Chain Loop Reserve Officers for LJD Reserve Officers for LJD Reserve Officers for LJD Soda for Concessions Cable Repair Fax Food for Police/Fire for LJD Cobra Dental 1 st Half TIF #1 Collections Election Supplies Lights on Squad Cars Equipment Repair Supplies Tool Kit Safety Equipment Firefighter Hats Conference Fees Uniform Cleaning, Rugs, Towels, Mops Uniforms Tires July Billable Tickets Graphics for New Grass Rigs General Supplies Executive XR Bond 36"x500' 3" Core Minor Equipment Refund Credit Balance on Sewer Account Education Newsletter Printing/Hockey Flyers Professional Services Propane Fire Education Material Class Training 1 ,870.99 457.07 116.50 200.75 1 ,500.00 214.90 85.93 400.00 8,601.76 45,299.54 2,018.89 66.33 52.93 35.15 3,131.88 63.90 1.69 1 ,500.00 43.07 955.80 1 ,232.79 958.14 584.40 68.33 237.90 188.22 346.10 9,127.80 1,464.35 6,380.32 2,662.50 238.53 240.00 344.16 199.00 2,459.52 85.98 374.88 482.85 1,712.00 30.71 56.78 197.71 43.20 3,680.25 4,710.29 1,058.25 61.15 172.00 395.28 EXHIBIT" A" TO RESOLUTION #2006-172 Jansen's Cleaning Service Johnson Controls Kirk, Inc. Knauss, Chantell Kustom Signals, Inc. Lanoga Corporation Lansted Homes League of MN cities Line-X of Hudson Lowe S1. Croix Valley Fire Dept Mac queen Magler, Jeff Menards Met Council Metropolitan Council MIDC Enterprises M II Life MN Occupational Health Moore, Richard Mulcahy, Gary Northern Tool Northwestern Tire Co. Office Depot OnSite Sanitation Orrin Thompson Homes P. R. S. Mechanical Plant Health Associates Porta Pot Sanitation LLC Press Publications Quality Contracting Red Bud Supply, Inc Reed's Sales & Service RiverTown Newspaper Safety - Kleen Systems Semler, John Service on a Shoestring Shorty's Sirchie Finger Print Lab Sprint St. Croix Recreation Co. Steiner, Lucy Stick Wizard Stillwater Equipment Co. Stillwater Gazette Stillwater Motor Co. Stillwater Towing Stork Twin Cities Testing Streicher's TA Schifsky & Sons, Inc Taillon, Ken Boiler Maintenance, Cover Ron's Vacation Compressor Repair Equipment for Grass Rigs Reimburse for August Expenses Equipment Repair Charges 1 s1' Half 2006 TIF #1 Collections Grading Escrow Refund Deductible for Sewer Backup Spray Beds on New Grass Rigs Fire Boat Support for LJD Equipment Repair Supplies Reimburse for Completed Classes General Supplies Wastewater Service for August 2006 July 2006 Service Availability Charges Equipment Repair Supplies Term Life Insurance Drug Test Collections Professional Services Reimburse for Duplicate Assessment Payoff Small Tools Tires Office Supplies Portable Restroom Rental Grading Escrow Refund Building Repair Charges Professional Services Weekend Toilet Rental for LJD City Engineer Ad Street Light Locates on 2006 Street Project Safety Equipment Equipment Repair Supplies Printing and Publishing Oil Service 1st Half 2006 TIF #1 Collections 1/2 Recycling Consultation Dry Cleaning Lifting Tape, Backing Sheet Cell Phone Equipment Repair Supplies Park Deposit Refund Equipment Repair Supplies Rechargeable Batteries Printing and Publishing Automotive Maintenance Supplies Towing Professional Services Shot Guns Asphalt Landscape Escrow Refund Page 2 366.00 605.00 27,088.00. 153.51 1,191.18 6,249.97 1,500.00 500.00 898.00 600.00 192.66 1,140.00 177.68 95,087.50 13,810.50 46.43 1,305.36 395.00 2,200.00 364.21 24.48 200.85 811.99 1,179.22. 27,000.0 294.50 787.50 170.40 239.00 465.00 173.98 15.33 94.60 354.37 4,098.37 3,250.00 91.59 45.70 68.36 123.54 50.00 183.00 110.76 1,109.65 43.59 271.59 1,420.2_ 1,025.54 887.44 1,330.25 EXHIBIT" A" TO RESOLUTION #2006-172 Todd Allen Homes Toll Gas & Welding eTopper World of MN Traffic & Parking Control Company, Inc Tri State Bobcat Wally Carlson & Sons Washington County Transportation Waste Management Salvage Watson Co. Yocum Oil Zoller, Rob e e Grading Escrow Refund General Supplies General Supplies General Supplies Equipment Repair Supplies Diesel Fuel for Genset Road Striping, Traffic Services 1 st Payment of 2006 Garbage Certification Concession Supplies Fuel Reimburse for Fire Education Materials Page 3 3,000.00 8.36 13.79 78.90 79.03 1,280.93 8,111.27 22,422.33 332.57 8,521.32 72.86 . RESOLUTION 2006-173 APPOINrNG ELECTION JUDGES AND FIXING COMPENSATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named persons, shall be appointed as Election Judges, subject to the attendance of a two hour training tq be held on August 17, 22 or 31,2006 and Washington County Training for Head Judges to be held on August 21,29 or 30, 2006, and eligible to serve at the Primary Eledtion to be held on September 12, 2006 and/or the General Election I to be held on November 7, 2006 I BE IT FURTHER RESOLVED, that the compensation to be paid to the regular Judges of Election Ibe, and the same is hereby fixed at $8.75 per hour; and the compensation for the Head Judges is hereby fixed at $11.30 per hour and that the City will provide food toljudgeS as part of their compensation. . A ard Amrein Baer Baldwin Beber Beber Ber Berube Bickner Bickner Bo Ie Brandt Brandt Burton Cain Carter Carter Celski Celski Deaner Edstrom E ers Em son Eshleman Falde Fitz erald Frisk Glennon Goldber Haak Hanni Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Stillwater Marine S1. Croix Stillwater Stillwater Stillwater Stillwater Stillwater . Haraldson Ann Stillwater . . e . Renfrow Shirle Stillwater I Adopted by the Stillwater City Council this 15th day of August, 2006. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . RESOLUTION NO. 2006- APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILL WATER AND LOCAL 517 COUNCIL NO.5 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO BE IT RESOLVED, by the City Council of the City of StilI water, Minnesota that the attached Memorandum of U~derstanding between the City of Stillwater and Local 517 Council 5 of the American Federatio~ of State, County and Municipal Employees, AFL-CIO in regard to the classifications of prbject Coordinator and Civil Engineer is hereby approved. Adopted by the City Council this 15th day of August 2006. ATTEST: Jay Kimble, Mayor . Diane F. Ward, City Clerk . MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LOCAL 517 COUNCIL NO.5 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO . SUBJECT: PROJECT COORDINATOR and CIVIL ENGINEER CLASSIFICATIONS STATEMENT OF UNDERSTANDING: It is understood that the City of Stillwater and Local 517, Council No.5 of the American Federation of State, County and Municipal Employees (AFSCME) AFL-CIO, have negotiated and agreed to the following: 1. Appendix 3 and 4, attached, shall replace Appendix 1 and 2 for the duration of the 2004-2006 labor agreement. 2. Monthly wages for the Project Coordinator and Civil Engineer classifications shall be as shown on Appendix 3. 3. Monthly longevity for the Project Coordinator and Civil Engineer classifications shall be as shown on Appendix 4. 4. The parties have agreed that the Project Coordinator and Civil Engineer classifications will remain within the AFSCME bargaining unit. FOR THE CITY OF STILLWATER: FOR AFSCME (LOCAL NO. 517): . Date: Date: e APPENDIX 3 MONTHLY SALARY SCHEDULE . EFFECTIVE JANUARY 1, 2006 Part time Employee After After After After 1040 2080 4160 6240 Hours Hours Hours Hours Full-time Employee Entry 6 mos. 1 Year 2 Years 3Years Asst. Finance Director $4,382 $4,655 $4,929 $5,203 $5,477 Accountant $3,412 $3,625 $3,839 $4,052 $4,265 Sr. Account Clerk $3,026 $3,216 $3,405 $3,594 $3,783 Payroll/HR Technician $3,026 $3,216 $3,405 $3,594 $3,783 Jr. Account Clerk $2,590 $2,751 $2,913 $3,075 $3,237 Secretary $2,938 $3,122 $3,306 $3,489 $3,673 ClerklTypist $2,525 $2,683 $2,840 $2,998 $3,156 Secretary/Dispatcher II $3,026 $3,216 $3,405 $3,594 $3,783 Secretary/Dispatch~r I $2,975 $3,161 $3,347 $3,533 $3,719 Building Official $4,098 $4,355 $4,611 $4,867 $5,123 Building Inspector $3,622 $3,848 $4,074 $4,301 $4,527 Asst. Building Inspector $2,938 $3,122 $3,306 $3,489 $3,673 Building Maintenante Worker I $2,471 $2,626 $2,780 $2,935 $3,089 . Building Maintenante Worker II $2,715 $2,885 $3,055 $3,224 $3,394 Community Servicel Officer $2,590 $2,751 $2,913 $3,075 $3,237 Asst. Planner $2,820 $2,996 $3,173 $3,349 $3,525 Planner I $3,529 $3,749 $3,970 $4,190 $4,411 Planner II $3,894 $4,137 $4,380 $4,624 $4,867 Parking Enforcement Officer $2,409 $2,559 $2,710 $2,860 $3,011 Civil Engineer I $4,383 $4,657 $4,931 $5,205 $5,479 Project Coordinatorl $4,221 $4,485 $4,748 $5,012 $5,276 Engineering Technician IV $3,842 $4,082 $4,322 $4,562 $4,802 I Engineering Technician III $3,431 $3,646 $3,860 $4,075 $4,289 Engineering Techniban II $3,068 $3,260 $3,452 $3,643 $3,835 MIS Specialist $4,273 $4,540 $4,807 $5,074 $5,341 Employees shall also receive longevity pay according to Appendix B . APPENDIX 4 MONTHLY LONGEVITY PAY SCHEDULE EFFECTIVE JANUARY 1, 2004 . After After After After Part-time Employees 10,400 20,800 31,200 41 ,600 Hours Hours Hours Hours or or or or Full-time Employee 5 Years 10 Years 15 Years 20 Years Asst. Finance Director $ 87.00 $ 174.00 $ 261.00 $ 311.00 Accountant $ 67.00 $ 132.00 $ 198.00 $ 236.00 Sr. Account Clerk $ 60.00 $ 119.00 $ 179.00 $ 213.00 Payroll/HR Technician $ 60.00 $ 119.00 $ 179.00 $ 213.00 Jr. Account Clerk $ 51.00 $ 105.00 $ 155.00 $ 187.00 Secretary $ 59.00 $ 117.00 $ 176.00 $ 209.00 ClerklTypist $ 51.00 $ 106.00 $ 155.00 $ 187.00 Secretary/Dispatcher II $ 60.00 $ 119.00 $ 179.00 $ 213.00 Secretary/Dispatcher I $ 59.00 $ 117.00 $ 176.00 $ 209.00 Building Official $ 83.00 $ 166.00 $ 249.00 $ 298.00 Building Inspector $ 73.00 $ 145.00 $ 217.00 $ 260.00 Asst. Building Inspector $ 59.00 $ 117.00 $ 176.00 $ 209.00 Building Maintenance Worker I $ 53.00 $ 1 04.00 $ 158.00 $ 186.00 Building Maintenance Worker II $. 58.00 $ 115.00 $ 173.00 $ 216.00 . Community Service Officer $ 51.00 $ 105.00 $ 155.00 $ 187.00 Asst. Planner $ 59.00 $ 117.00 $ 176.00 $ 209.00 Planner I $ 73.00 $ 145.00 $ 217.00 $ 260.00 Planner II $ 86.00 $ 170.00 $ 255.00 $ 305.00 Parking Enforcement Officer $ 50.00 $ 101.00 $ 151.00 $ 182.00 Civil Engineer $ 86.00 $ 172.00 $ 258.00 $ 307.00 Project Coordinator $ 84.00 $ 168.00 $ 252.00 $ 300.00 Engineering Technician IV $ 79.00 $ 157.00 $ 236.00 $ 285.00 Engineering Technician III $ 73.00 $ 145.00 $ 217.00 $ 260.00 Engineering Technician II $ 64.00 $ 128.00 $ 192.00 $ 224.00 MIS Specialist $ 75.00 $ 150.00 $ 225.00 $ 272.00 e . MEMORANDUM . . To: Mayor and CCity CRYTI. cil : I ",\,.,\) From: Shawn Sanders, Interim Public Works Director Date: 8/11/2006 Re: Boutwell Roaa Phase 3 - Wetland Conservation Replacement Plan DISCUSSSION As part of the street construction on our Boutwell Road Phase 3 project some wetland areas along I the new road and trail will be impacted. According to the Wetland Conservation Act, any impacted I wetlands must be replaced. A Wetland Replacement Plan application has been submitted, reviewed and commented by all the appropriate agencies. The city will be able to use wetland banking created by Minnesota Board bfWater and Soil Resources Road Replacement Program for wetlands impacted by street cohstruction but will have to mitigate/create new wetlands for wetlands impacted by the trail constructi6n. The plan also includes some declarations such as making the City responsible for the cohstruction and maintenance and repairs in necessary. The final step ofthe plan is for council pass a r~solution approving the Wetland Replacement Plan Application. I RECOMMENDATION Staffrecommends tJat Council approve the Wetland Replacement Plan Application. I ACTION REQUIRED If Council concurs ~ith the recommendation they should pass a Resolutiou WETLAND CONSERVATION A:CT APPROVAL BOUTWELL ROAD IMPROVEMENT PROJECT PHASE 3 (project 2005-05C) WETLAND CONSERV A nON ACT APPROVAL BOUTWELL ROAD IMPROVEMENT PROJECT PHASE 3 Project 2005-05C . THIS represents approval of the Wetland Conservation Act Permit for the Boutwell Road Project Phase m (S.A.P. 169-122-02, City Project 2005-05B) made this 15th day of August 2006, by the City of Stillwater as the Local Government Unit Administrating the Wetland Conservation Act. The City of Stillwater is also the project sponsor and herein after is referred as the "Applicant." WITNESSETH: WHEREAS, Applicant has submitted a Wetland Replacement Plan Application proposing to fill wetlands along Boutwell Road to upgrade the road to current state standards and improve vehicle and pedestrian safety resulting in impacts of 0.335 acres of wetland. WHEREAS, the project has been shown to provide water quality treatment for downstream waters as required by the Brown's Creek Watershed Management District. WHEREAS, Wetland Conservation Act Requires wetland replacement of 0.67 acres to meet the 2: 1 replacement ratio requirement and the Applicant has provided replacement credits of 0.21 of replacement through the creation of wetland and buffer on site and 0.46 acres of credit withdrawal through the BWSR Road Replacement Program. WHEREAS, the Local Government Unit sent the application out for review to the Department of Natural Resources, Brown's Creek Watershed Management District, Washington Conservation District, Minnesota Board of Water and Soil Resources, and U.S. Army Corps of Engineer and requested comments . by August 7,2006. A Wetland Conservation Act Technical Evaluation Panel was held prior to the comment period end date; NOW, THEREFORE, the City of Stillwater as the Local Government Unit for the Wetland Conservation Act approves the Wetland Replacement Plan Application. The Applicant shall make the following declaration as to Restrictions and Covenants for the Replacement Wetland. The restrictions and covenants described below shall run with the wetland mitigation and buffer area as shown in Sheet 14/40 from the construction plan document and shall be binding on the easement holder of the replacement wetland. 1. Applicant is responsible for maintaining the size and type of the Replacement Wetland, as specified in the replacement plan approved by the TEP and on file at the office of the LGU. Declarant shall not make any use of the Replacement Wetland which would affect the functions and values of the wetland as determined by Minn. Rules part 8420.0540, subp. 10 and as specified in the replacement plan or bank plan. 2. Applicant is responsible for the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland which the LGU or the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. Adopted by the City Council this 15th day of August 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk e Page 2 of 4 JOINT AND COOPERATIVE AGREEMENT RELATING TO THE USE OF I LAW ENFORCEMENT PERSONNEL AND EQUIPMENT AND THE . INVESTIGATION OF MAJOR CASES I. GENERAL PURPOSE The purpose qf this agreement is to provide a means by which a party to this agreement may obtain emergency law enforcement assistance from other parties when: 1) unexpected exigent circumstances arise, or 2) assistance is sought in major case investigations, or 3) circumstances exist such that the parties requesting and providing such assistance deem it td be appropriate. This agreement is made and entered into under the I authority provided in Minnesota Statutes 471.59 subd. 12. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given theni. I Subd. 1 "parti" means a governmental unit which is a party to this agreement. Subd. 2 "Eligible party" means a governmental unit which is entitled to become a . party to this agreemsnt, at its own option. The eligible parties are the County of Washington and every city, and t6wn within the County of Washington, State of Minnesota. Subd. 3 "ReqJesting party" means a party which requests law enforcement assistance from othe~ parties. Subd. 4 "ResplOnding party" means a party which provides law enforcement assistance to a requJsting party. Subd. 5 "Law lenforcement assistance" includes police, sheriff, and Special Response Team per~onnel and equipment. Subd. 6 "Reqlesting official" means the person who has been designated by the requesting party to r~quest law enforcement assistance from other parties. Subd. 7 "ResJonding official" is the person who has been designated by a party to determine whether ~nd to what extent that party should provide law enforcement assistance to a requbsting party. I Subd. 8 "Special Response Team (SRT)" is a multi-agency law enforcement support unit which is specially trained and equipped to respond to and resolve critical incidents and other high risk law enforcement functions. . III. PARTIES The parties to this agreement shall consist of as many eligible parties as shall elect, . through resolutions adopted by their respective governing bodies, or authorized representative, to become parties. Upon the adoption of such resolution by an eligible party, an executed copy of this agreement shaU be sent by it to the Sheriff of Washington County. When two or more eligible parties have elected to become parties and have provided such resolutions to the Sheriff of Washington County, this agreement shall become operative, and shall continue in force until, by reason of withdrawals as hereinafter provided, the number of parties to this agreement is reduced to one, or if the Sheriff withdraws, whichever is first. The Sheriff of Washington County shall maintain a current list of the parties to this agreement, and whenever there is a change in the parties of this agreement, the Sheriff shall notify the designated responding official of each of the parties of such change. IV. PROCEDURE Subd. 1 Each party shall designate, and keep on file with the Sheriff of Washington County, the name or title of the person(s) of that party who shall be its requesting official and responding official. A party may designate the same person as both the requesting official and the responding official. A party may designate additional and/or alternate officials to act in the absence of the official. Each party shall also designate one of the four options for SRT response as described in Section V, below. Subd. 2 Whenever, in the opinion of a requesting official of a party, there is a need for . personnel and equipment or assistance in a major case investigation from other parties to assist the officers of the requesting party, such requesting official may call upon the responding official of any other party to furnish such assistance to the requesting party. If the requesting official of a party determines the need for an SRT response, that request shall be made to the Sheriff, Cottage Grove Director of Public Safety, or the Woodbury Director of Public Safety (or their respective designees). Subd. 3 Upon the receipt of a request for personnel and/or equipment or assistance in a major case investigation from a party, the responding official for any other party may authorize and direct law enforcement officers of the responding party to provide assistance to the requesting party, and if so, to what extent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to the officer within the governmental structure of the party by which the officer is employed). The parties agree that the decision by the responding official to provide or not provide assistance is a discretionary decision and failure to provide assistance will not result in liability to the responding party nor provide a cause of action for the requesting party or to any third party. Subd. 4 When a responding party provides law enforcement assistance under the terms of this agreement, it may in turn request assistance from other parties as "back-up" during the time that it is providing law enforcement assistance outside its boundaries. . 2 . . . Subd. 5 Whenever a responding party has provided law enforcement assistance to a requesting part~, the responding official may at any time end such assistance or any part thereof, if the responding official in the official's best judgment deems this necessary. Subd. 6 When a responding party supplies law enforcement officers to a requesting party, suth officers shall remain employees of the responding party; shall be I paid by the responding party; shall be protected by the Worker's Compensation of the responding party; artd shall otherwise be deemed to be performing their regular duties for the responding p~rty. However, the responding party shall undertake to coordinate with the requesting party the operational law enforcement assistance which it provides. Subd. 7 A resbOnding party shall be responsible for its own personnel, equipment and supplies and fo~ injuries or death to any such personnel or damage to any such equipment or supplies, except that unused equipment and supplies shall be returned to the responding party by the requesting party as soon as circumstances so permit. Subd. 8 The ~eqUesting party shall not be responsible for any injuries, losses or damages to personsl or property arising out of the acts of any of the personnel of a responding party not shall the responding party be responsible for any injuries, losses or . damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. Subd. 9 The darties hereby agree to indemnify, hold harmless and defend the other parties to this kgreement against any and all liability, loss, costs, damages, expenses, claims orlactions, including attorney fees which the other party or parties may sustain, incur or be required to pay arising out of the performance by a party of its obligations pursuantl to this Agreement. It is understood that the parties' liability shall be governed by Minn. Stat. S 471.59 and Minn. Stat. Chapter 466 or other applicable law. Nothing herein is int~nded to waive the liability limits set forth in Minn. Stat. Chapter 466. Subd. 10 The chief peace officer of the requesting party, or the designee, shall be responsible for the supervision of a major case investigation and the members assigned to the major case inJestigation team. Subd. 11 All ~embers assigned to the major investigation team shall prepare reports at the directibn of the chief peace officer of the requesting party, or the designee. All reports created by a responding party shall be maintained by that party but shall only be releas~d by requesting party, who shall handle the data consistent with the Minnesota Data Practices Act and related policies of the requesting party. Subd. 12 The requesting party shall be the custodian of all evidence and/or property collected and/or maintained in the course of the requesting party's investigation. The re~uesting party shall be responsible for the processing of all evidence for approp~iate analysis or examination. 3 Subd. 13 Only the chief peace officer of the requesting party, or the designee, shall respond to media requests for information concerning the major case investigation until the case is submitted to the prosecuting authority. . V. SRT PROCEDURE The primary concern of everyone is the safety of the officers, the public, and the subject(s) involved in a critical incident. The potential for an SRT incident exists throughout the County, and some plan for response needs to be in place. Response by the SRT, due to the specialized training and equipment, is very costly. A cost-effective method of making that service available is drawing a small amount of resources from each law enforcement agency in the County. There are four options available to provide for SRT response to a requesting agency: Option 1 - assign an officer(s) as a tactical officer Option 2 - pay an annual fee equivalent to the cost of assigning an officer(s) Option 3 - pay a fee if the Team is used Option 4 - if none of the three options are selected by a requesting agency at the time of execution of this agreement, response by Washington County SRT will not be available for the requesting agency. In as much as the cities of Birchwood, Landfall, and the portions of White Bear Lake and . Hastings within the County, receive primary police response from law enforcement agencies outside the County, Birchwood, Landfall, White Bear Lake or Hastings choose Options 1 or 2 above, response by the SRT will only be available under this agreement to those parts of the cities within the borders of Washington County. Attachment A to this Agreement sets forth the formula for determining participation on the SRT. VI. WITHDRAWAL AND TERMINATION This agreement shall continue in effect until the number of parties is one, or if the Sheriff withdraws, whichever is first. Any party may withdraw at any time upon thirty (30) days written notice to the Sheriff of Washington County. The Sheriff of Washington County shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. Such a party may again become a party by entering into this agreement. This agreement supersedes and terminates any prior mutual aid agreements that exist between the parties. . 4 . . . IN WITNESS WHEREOF, the undersigned has caused this agreement to be executed and delivered on its ~ehalf. Dated this 15tlil day of August, 2006. Agency CITY OF STILLWATER By Its By Its SRT Response Option (See Attachment A) 5 Attachment A to Joint and Cooperative Agreement In 1997, a decision was made to combine the Sheriff's Office SWAT and the Cottage Grove/Oakdale/Woodbury ERT. After a significant amount of discussion and evaluation, it was agreed that a 30 members would be necessary to respond safely and appropriately to critical incidents throughout the County. At the time the teams combined, a decision was made to not allow other police departments to join until possibly some time in the future, due to organizational and training challenges associated with combining the Teams. The SRT is now a trained and functioning combined unit, and additional members need to be added to reach the desired number. The most equitable way of sharing the costs of the SRT is to add officers from other police departments. . We evaluated population and number of peace officers within each jurisdiction. The percentage of total population by agency, and the percentage of total officers by agency were very similar, with the exception of WCSO and Woodbury. WCSO provides primary law enforcement service to 28% of the population, but has 35% of the total full-time officers. Woodbury serves 27% of the population and has 21 % of the full-time officers. We assumed that the number of peace officers within a jurisdiction was some representation of the need for law enforcement services, and therefore the most reliable correlation to SRT activation. Based on that formula, the following SRT personnel assignments are equitable: (Note - The use of part-time officers varies significantly between departments. Some departments have part-time officers that are used very little, if at all, for regular patrol duties. Based on that position, the part-time officers were excluded from the analysis.) . City # of sworn % of total # assigned sworn to SRT Bayport 5 2% 1 Cottage Grove 36 16% 5 Forest Lake 18 8% 2 Oak Park Heights 9 4% 1 Stillwater 19 8% 2 St Paul Park 8 4% 1 WCSO 83 37% 11 Wood bu ry 49 22% 6 Total 227 29 (Newport and Oakdale Police Departments have chosen to not contribute personnel to the SRT at this time.) The four options available for each requesting party are: . . . . Option 1 - Assign an officer (2 in the case of Stillwater and Forest Lake) to serve as a tactical officer. The police department will supply the initial uniform equipment as pkrt of the assignment - approximately $2600. The department will also be respon~ible for the "Basic SWAT" training class - approximately $600. The department will also be responsible for a percentage of the annual operating budget - currently about $1170 per 'tactical officer per year. I Option 2 - The ~ity can pay an annual fee and receive services from the Team as though they had a participating officer. The annual fee will be approximately $6000 per year per officer: I $4,200 I $11,170 $ .630 $6,000 Option 3 - Pay lxpenses if the Team is activated. The cost for response by the I Team will be $750 per tactical officer for the first 4 hours, plus the actual costs for negotiators and Icommunications personnel. Actual costs for all officers after 4 hours. An 8-hour incident with a response of 2/3 of a 30 person Team would cost approximately (~ssuming no cost forWCSO response): 20 tacticL officers @ $750 (8 WCSO) $ 9,000 12 office~s @ $42 per officer/hr $ 2,016 4 negotiators (2 WCSO) $ 672 2 comm~nications operators (WCSO) $ 0 mise gaS/supplies/bullets $ 1,200 Total $12,888 wages and benefits annual operating budget initial uniform/training (assuming 5 year assignment) 4 hours Option 4 - Pay nothing and no eligibility for SRT response. i Iwater 1MI ..,'..L"CI Of 1II1.."tllliTI. 216 N. 4th Street Stillwater~ MN 55082 Telephone: 651-430.8800 "ax: 651-430.8809 APPLICATION FOR SPECIAL EVENT .11 items on application 'MUST be completed and received by the City 45 days prior to proposed event Incomplete applica~ions will not be processed Submittal Date: APPLICANT INFORMA TION Organization Contact Person Address City Daytime Phone -, 0\.0 Email Address: 0e..-'i:S' c.a....~____ o,....,,-\- ,e. ~o.:. \\.c -\- \<. ~ % \\ (j.,(\ C-L 0e5<S\Co.... \=>~ \0\ "\.N Q\~ b~\\~~ Type of Organization Non-Profit V- For-Profit State ~-\- ~ Zip SSOCS'-- CaS' L.j2H \4(15 Alternate Number (obI 31.l.\ OoGj~ I EVENT INFORMA TION (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events rin Private Property may require Planning Commission review) Hours of Event \ 0 -L-\ (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) .rpose & DesRri~tion of Event .\\. _\~r- \ 1,. ... \ L. -r: l..\~ ~,'(\~\ %\\\\~ ~\\~.w:- ~\O'i'M- \~ ~ ~ ~f~ \'\:,\'\ ~,cs. Y<<J..\ . . I ~ Wu-.(Ot-~~ \-\~ ~~~ I NO~'~ ""'o...\.~ Proposed Location of Event (be _ 303 ~. l\ \""- 'E>~~ f'N-to.r<>-. ~~ ~ 7 ~ If Lowell Park is to be specific) . ~~~ _ \02- ~~" 'S~~ I p'('\.\lO<M. '\l!b\.~ used: P<lh'WLde-\l'!;\'6\'t--~) - lil\O ~. 'i:>&- ~('"~ '()0"~ (""e."D'Ovi'-c..J-."D._.I.~INorth Lowell Park or \~~ c;.. C;9\ . - :320 1.\"' ~T~ \..) ;L-Oo""'-L ~"""o..~,~,,~IiW!.~ h L II P k ~1;>\W '\l,'(')\'V- _ S~ ('\ooo.'\t?:w-. CD~<:" 3r~ "N\~\~"{'1.Jl)4\.~ nb~~-Sout owe ar ~S*'\~~o-<!..; - ~'lo~\~~J~t~\. ,~~ (Circlewhichoneorboth) Type of Event ~"'\~'~ \~ cis- \\()M,~ Date{s) of Event ~\~ ~'~~ ~-.t.-~ Estimated number of people to attend I \ 1..\<:0 Following Information must be suppliecf (Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space) Selling Alcohol Permit to Consume Site Map (required) .pact on Parking (required) ~ Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day ~ (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) V (attach to application) Describe~\ \\\ \\'0.. ~,'\ \C . C:l\\ ~i.\, ~.~ ~"cW'5 \-0 ~''\c ~ . , . (CONTINUE ON BACK) ~~\.~~ ~,,\ ~~L 'J~"'~c:..\..L'"S ~ O-~ 'f:P~ ~ ~ ~" c..~ ~ ~L. ~~ ~ .o\IJLvy- '\\,- {).J~\\<:.- \o~ . \~\k\-\c..\ '5~€Q.."\s Special Signage ............. Letter of Approval by Property Owner if on Private Property (attach to application) Tents or Membrane Structures Cooking Operations Water Activities (River/Lakes) EMS Needs Open Flame or Burning Operations Fireworks Street Closure Police Officer Needed Restrooms (Portable) Live Entertainment Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required Size Propane River Lake Name: EMT Standby Describe: \a...~,<, C:;;\"0'\\5 Q ~ "-o~":::> \"'-~c~ ) C--..~ ~eJ1-~ ~~. (c;e.~~~ ~~)J 0...."" <D"'~~ 0""' ~~ ~~ ~ ~o..'(""CM'IS ~O\JS \i'!L ~\c CA..~ '\"'\'-L ~Zlb~~ ~ 0- 'S,,~~ 0"'- ~ \M..~,-- &; ~ ~'S~r Location Exiting Points Deep fat frying Other Ambulance Standby Fire Department Standby Describe What Streets: (Required if alcohol is being served on public property and attendance is over 75 people or at the discretion of the Police Chief) - Contact Stillwater Police (651- 4351-4900) to arrange for officer (Applicant to pay for restrooms - Contact Public Works 275-4100) o Comments: [k}- D D ~. D D D D Type of Music ~o...~'~ / ?, O~ Q (e.."b~ \oco...\ ~l ~.~- 111< ~ d!~ FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: . TOTAL FEES . ArtReac~ Alliance 2006 Historic Home Tour Location Ma1p . . Index: CD Warden's House Museum (6) 303 North 4th Street (Aurora Staples B & B) Q) Stillwater Publid Library @) 320 4th Street ~orth (Loome Bookseller) ~ 102 School Street I @ 116 School Street CD 610 North 5th Street I <ID Stone Church condos, 3rd & Mulberry Restrooms: - Warden's House Loome Book Sellers Pioneer Park Stillwater Public Library Parking: P 2161". "fl. Street Srilhcute... IUlV:,5082 TclelJllOlle: (;51.i':W.mwo Fux: 651.430-:m09 . fll'PL'CA.TION FOIt SI'EC'flL EVENT All items on application MUST be completed and received by the City 45 days prior to proposed event /ncomplete applications will not be processed Submittal Date: ---4-~, ~ ( )J)oer APPLICANT INFORMA T10N Email Address: Daytime Phone Sf. C f'() ;~X EdIA tJ-;"1J1 ~cuA t)e..-aJ/e I 3;).. 5" E d~e-w oorJ Ave.. ~ State If)/J Zip 1JLjD?(d-. Number (p C;! - 'f)0 - /I dJ) 4.<)ocicJ.;'~ Type of , Organization Non-Profit For-Profit x Organization Contact Person Address City EVENT INFORMA T10N Events involving the use of City Property may require Park Board or Parking Commission Review. Events on Private Property may require Planning Commission review) Date(s) of Event IA{--c~, J.. S'I JiX)fo Hours of Event 3 20D 0, f1tl - <).'0 D (), JIll\. , (Special Events conducteJJ after 10:00 p.m., r/quire Council approval of a variance to the noise ordinance) &mpose &D:se,;~on 01 Ev.nt ..t 1:' . A~ . ~"U~~ r~;"".,L ~ic,d f;~;~qe~ p~;.a.,4'?f'f?:J;t~7I:f~~~~u;:y I Proposed Location of Event (be 'f' . spedf;c) I "R,. flu,r+OrJ r;'c/, "''' I, <:fr-Pd-~ '" L; her1t Jellpjofv1llPA'lt I LeA 5 ~k-P, T call C) /( u )cJl If Lowell Park is to be used: North Lowell Park or South Lowell Park (Circle which one or both) Type of Event Estimated number of people to attend /00 , Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put NIA in the space) Selling Alcohol /-V!IATempOrary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day Permit to Consume ;J,Ii1 (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) Site Map (required) A- (attach to application) .mpae! on p.,king (,equi,ed) X Dese,ibe, 1( ",-fA er-/'''''). <;rJ..nn I pa.rlc i ~~ lof (CONTINUE ON BACK) Special Signage $ Describe: Letter of Approval by Property Owner if on Private Property (attach to application) . Tents or Membrane Structures Af//\ Size Cooking Operations Nf _ Propane Water Activities (River/Lakes) ~ River Lake Name: What Streets: (Required if alcohol is being served on public property and attendance is over 75 IIf A. people or at the discretion of the Police Chief) - Contact Stillwater Police (651- Police Officer Needed !-~ 4351-4900) to arrange for officer Restrooms (Portable) ~(APPlicant to pay for restrooms - Contact Public Works 275-4100) Live Entertainment ~ . Type of Music . leve' of P<emotion/Advertlsement 1-'(1\ ; i d Tn >"it, QO I Ai qr ;",1- evIA f/", Y ee5 EMS Needs Open Flame or Burning Operations Fireworks Street Closure Location Deep fat frying Exiting Points Other I ~EMT Standby ~ Ambulance Standby Fire Department Standby Describe r--- Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required o G2( D D ~ D D D D ~ brl 01( ~~ 1 d! Ill}' rk'4<; Comments: FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee DeposR $250.00 Other Fees: . TOTAL FEES - -- -- ----: -:---I<;~-P""'!J - - --- --\ r--C:==- cF=:-:c:::: " " 9^'sf..------;..Hi I .. i 1 J II~ ) 0; : .. : / I ! Q) ;' i)? L_._ - '-_" ! - , l " '--- t,....,.. : r--., \ I! -, , "'--~r ,'fa3 ~: i i I r i ! Ir1 '(IJ. ~, i J I I .-\ \ ~/ /il.-.---'-::~ rd; i I , fl I ~ . . , lK____ ,,/,,/ '0.. " IG) II }P!d all? ua1\!tI / i b-.---,=~-.'--..,;.... ',-~ua@ II \,' ill! 1.\..,/9" . "-..,~ - '. ",. " I, I ", " ( . . ~- 1.:1 I , '<<:\/,;:.::.--==\! II ~~".','\.,., ,I i ,'; \,:~.,../ ~ J i I II" ~,~ I \ '. III t., .......-._,&~. I \, \, ,/ / t"" ' ',..~t::\ I \, \.--,--=:J ! i , . (/""'<I---} I \ .-- . OQ~:" ..::....> / r---- I ...~ ~~'Q-,-, "'. ,'.i i ,I Ii \,'\::t:-./ ,. r#~I\\~'~" c==~ " I \~ ;'\' , .... 1, ?! I =:J ....~sr=,.,.:=:~" ,- A'" "1 ~ I I ,(l ~esQdmrt=:' }J \~,. '_ ......1"Ol"t' _/ :;....: 1 I, 'i ;>)::t}~-- II '-L:<>~!:c,,-,* "If-tj ~ \ I '-e::.-' .." f-~1liJl',iWgi>: - '-'-1 \~~~, 1..,=1&) II \ \ ft\eiJ~'." :... "~!;~I?~.O~ . .-0;:, I (::,~ /;;:,~ I --l,I== I:' IF -- "-'f3JJn<l~'", ~'t ),/,\.J.'~!{',..~,,'.;,.,".,. a-A~"ra"r~~ft~J~~lll . <,:\~r:','<ii;:.i;? \ ~\\~~ I I fr~ ......<::;--:/ U ..---. I ~X" II r>~ ,.-----." / i 'e9.::"~ / ) ,/ ,/ /1 '. .. I #- ',~ /,::</ ....i:::,l ill \ "'f( /,:f~;7()fi' I // ./1 \ \\" ,// r'~I' 'I . ,:' ((' '>.., .''"& "<i \ \ I LJ I {. \~\1 ~~\ .~ \~\ )) ---J ~ _ld-'tQ-I}-P'Z..I--- L_-... {/... ---.__--~.-.," ---.---L-__:-\ .F_l:L..L~~r------_~-"-'_~-- -.'\>'\"1.; , ,-/,...'< I' I '\,~ r'J '~~~;/ \\~: \~~\} ..'.--..:.... "'~ aJ!4M a4l ssom;a~SI~:~ ,\ I ~ ..... t'lll I I .l~V .Ls:========:::.::f--"-l}~{__ J' ~ =illJ=--\'f~L.... ------- I _ __- -:::::::::::::::::::::::::::===== za. -- - ---------'\ .r ==--=== " (p 'i:'2t WV JT6 900l/l1/L . \... . ==~ ) r-----, I , i , t " I /1 i) I I // i, }) // . ,. " "f , , , I '.-1 J :1./ i i i i L--_--- __~ r-- 1- \ 'l ----- ",---- lli1ll'ZlOj O:ljjRJjdUldljUIO:l 'lq~!lMUOp 'J\\!M\j /: dull 1]' . P'3AJ as I ilPPL.CilT.ON FOR SPEC.ilL EVENT . All items on application MUST be completed and received by the City 45 days prior to proposed event IncomPlzete p~tions will not be processed 7~~ , Email Address: S)cy:;.e. ~tJl./rSUCc~S'S(;J1f /'Y)'::lJ! ~Orl( -III c:7 0 S:/7(;A...)a./~r r;f.l1e~S Type of Non-Profit C /1 Organization For-Profit X .........:> u.sa r111lL.. (7t, 1""0 d,s A e re...J //0 .5'. fl.r<.<-Id'- &: '"- 5Ii; / wo- it r State M A.J {'51 '/3D /5Rf Alternate Number Submittal Date: APPLICANT INFORMA TION Organization Contact Person Address City Daytime Phone 216 N. 4th Street Stilhvater, ~IN 55082 Telephone: 651.430.8800 Fax: 651.430-8809 Zip S5D~2- &5/ - ~tJ7~ 7/f-Y EVENT INFORMA TION (Special Events involving the use of City Property may require Park Board or Parking Commission Review. Events 6n Private Property may require Planning Commission review) Date(s) of Event ~ O-:t )'4 P-OD? Hours of Event 9 Cirlt....... jO.'Jo~. Jt(. ) (Special Events conducted after 10:00 p.m., require Council approval of a variance to the noise ordinance) "rp~criPli~~veLu~r~ k'l,~Ii..-!::, '" 7 '-' bt!l a " hm,' /" Jt- / ~ '''' "-'G _ /4r~ C?6"4P?l.l,'; -fn-e s 0 / Proposed Localion of Evenllbl -'- ' -] ,I II A If Lowell Park is 10 be specific) st?!./f ~/S~ ~/~ ~ used: North Lowell Park or Se C a...1J-4..a.Led'Yf\..a.O South Lowell Park ---I-- (Circle which one or both) DtULl<-/r~r7 - dt1~4AL ~n-W , V/L- .Lot';} l..aJ~ Type of Event 1Y--tJ../ Is .~ S/<. Estimated number of people to attend I ~5D - 300 I Following Information must be supplied (Put a check next to items pertaining to your event. If not applicable - Please put N/A in the space) I Selling Alcohol r k Temporary Liquor Licenses are ONL Y available to non-profit organizations - $25.00 per day Permit to Consume # / A- (for the consumption of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee) Site Map (required) ~(attach to application) ---:--- ~ "'actonparkinQ(required) Describ~,e,* d ~ 't S~ ~/1.:)t/d 7 (foe -..5t /"r ,... ) '7'--~"., . ;;c/tJ e-tt-h J:h.- (CONTINUE ON BACK) ;/ Describe:/oC!.~ ~/d-. 5~ c5jfrLS Y~YbJ ~rVt/dY' ~nI . j.,l)e~ /I6m e Otvl1 e, 5 ~ 0 ~'~ T"-- #rd~ . Tents or Membrane Structures /I/' fi- Size , Location Cooking Operations MA- Propane,A/ //1- Deep fat frying ,,;u / A- Water Activities (River/Lakes) /v~River Lake Name: ~ M- Special Signage v Letter of Approval by Property Owner if on Private Property (attach to application) EMS Needs Open Flame or Burning Operations Fireworks Street Closure Police Officer Needed Restrooms (Portable) Live Entertainment /f/k Exiting Points Other Fire Department Standby - ~J Ambulance Standby ~EMT Standby v d//t" /V7~ -=z-.7 WhatStreets:,~~ ~ ~ (Required if alcohol is being served on public property and attendance is over 75 ? 1/. people or at the discretion of the Police Chief) - Contact Stillwater Police (651- , M'A- 4351-4900) to arrange for officer ~(APPlicant to f?ayJor; restJooms - C;ontact Public Works 275.4100) -'/ .t!u-~ r;4f ~~ ltUf-rvor1'\-4 .A/ / fro Type of Music ~I'_J ?N-ot '.t... , Describe ~~i7Zen~ Applicant Signature ~/ ~6s/ /;; Community Development City Administrator City Clerk Fire Chief Police Chief Public Works Director Public Works Superintendent Parks Board Approval Required Planning Comm. Appr. Required City Council Approval Required Comments: ~. ~ I v-I l2r' 2' ~ D D D D Of:: --- 3o.l[ft,2 FEES (if applicable) Permit to Consume: Temporary Liquor License $25.00 per day Event Fee Deposit $250.00 Other Fees: . TOTAL FEES gl 1, 'I _--- Q) , -~ 1---=----..---..---.-1' ~ \ --.--.-------- --.~- ~ l --'- --------- ! ----===--1 r~~~==- -=~==--=:~Wb~~==-~=s~~~~------- i)~ 11 (f.=)-~.5~:----'-- \\ r I \'\,)1 ~. FINISH (across the white bridge) r":,./ II ~~. , f':-'l ,11,111 '~~""" 3.1 5 ml ;'::'_-' .:;:,/ i ,- (~~ '. L._,\ t. l / " I, 0.:\ \ '\ ( / _--~,-. .~----_ ___i L_ .. _,>i ~ ' I [f~,'''-\l:'\~. -\\~~gpj- i ~ Il~~\',\11 =-. < 'il/ I' ~ \~\ "f!:4' :~,.<,..\' ...... ...~ ~, ',j 'I, \, '.... "'_. '~ ..<._-) .... ) , l .......~-..... "'\ .... .... ' , I I ~/ / /1 '< I. I I ,../,/' /',,/ xS<.l ./ ./ J I ! I ,/,,/ ,,/,'.../ ~::--.,_,/ / .I .I . ....I.zi 'l-"--t/ r ....... (,I / / ii" r-~, ........~ .... .,...--........"-. 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[1 c--~- '\':""'" ~tB".--.~ ,1,1 .... ,/ \ ' ~ ~'%'~:\.,. ...--:::/ \.,\., i,-~~-,.f \'\ U I " < ~L--->" d~~:>\:.:>) 1.-, :--.~"-. . .......:-..-_ . . l / , ?/r===__~g ...;::::/ tU~~e'~~~I~.' p~r _j / & \ ',__k....______".. lJ[ ~) ~~ -1 'I ("\ \ '. \}, ~n't :f?' ~~ l.!:,.~~ ~1'-1 ='..l-1~ . . r.~' ...--...' served. . 1 of 1 http://www.donwright.com/temp/fallcolor2.htm 15 I I I c== c= tJ~.-.... . ",,"T1d'ffl. ~::N.-======:::::::=~---___ --------==------- 7/12/20069:33 MY . . . STAFF REQUEST ITEM Department: Recreation Center Dartfish Software Date: 08/08/06 DESCRIPTION OF REQUEST (Briefly outline what the request is) Software used to train figure, and hockey players in proper positioning and Technique FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Cost is 2,682.00 it was budgeted in Capitol Out Lay ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK I A MINIMUM OFI FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED OOUNCIL MEETING IN ORDER TO BE PLACED IN THE I COUNCIL MATERIAL PACKET. Submitted by: Doug Brad I Date: 08/08/09/ . . . Ms. Dianne Ward (:itv (:l;::.rk -...J ---... City of Stillwater 216 N. 41;. Street Stillwater, MN 55()82 Dear Ms. Ward: We are seeking a variance of the noise ordinance for the evening of September 1, 2006 extending the timf( from 10:00pm unti!1-1 :OOp."TI_ We're planning a back yard, evening wedding reception for my ~8 year old widowed father who'" be remarried on that date. There will be a gathering in our brci< yard under a large tent for dinner at 5:00pm, then socializing until 11 :OOpm. There will b~ n~ I!V1 ,~,,~~nd ~~ ~;' ~u~ the~::~' be .~~Si: an~~ S~~~dancing on the patio. We will Stop an musIc __ ll.....upm _..0 .hy pa!1y ...... ena y..o"ly <mema. u. We will send the attached notic.e to all our neighbors for a block in each direction and have spoken personaHY with severa! of our nearest neighbors. So far no one has had an objection. Please inform me of the results of the hearing and of any conditions that may have been imposed. Thanks for your service, c-;- , ~ _ _ '- / L-- vi! v ~c:?C Tim & Gayla Troolen 1201 Northland Ave. Stillwater, MN 55082 439-3153 TO: DEAR NEIGHBOR FROM Tim & Goyla T rooien, 1201 Northland Ave. (brown house at /'.hrthland dead end) SUB.1: Outdoor Evening Wedding Reception, Sept 1, 2006 DATE: August 7, 2006 . Please forgive any inconvenience we may cause you. We are planning a small (approx. 80 people) back yard, evening, wedding reception for my 78 year old widowed father who'll be remarried on September 1, 2006. After a church wedding we'll gather in our back yard under a large tent for dinner at 5:00pm, then socialize until 11:0Opm. There will be no live band or even a DJ, but there'll be music and some dancing on the patio. Regardless of the fact it's a low key "older persons" wedding, there will surely be more noise than usual and it could be a little disruptive to the neighborhood. Cars parking in front of your house, car doors closing, people walking back and forth, talking, etc., and the sound of music in the distance will likely be heard. So please forgive us for any inconvenience this may cause you and we truly hope it doesn't affect your evening. We will apply to the city clerk for a variance of one hour to the noise ordinance, from lO:00pm to l1:00pm for that evening only. If you object to OlF plans you need to contact the city clerk and make your objections known. If you feel strongly that you do not want cars parking in front of your house, please let us know and we'll post a sign to discourage parking there. . If you have any suggestions, concerns or requests that we can handle please call us at home: 439-3153 Have an enjoyable summer and fall season, Tim & Gayla T rooien . . MemorandUlll From: Ma~or and City ~ouncil . Shaln Sander?,tterim Public Works Director I August 11, 2006 Terrk Springs Wall Repair Project (project 2003-08) Acc~tance of Work and Final Payment To: Date: Subject: . DISCUSSION The work on tJe above project has been completed. The contractor has submitted their final invoice and required information to allow for final payment. I RECOMMENDATION Staffrecommebds that Council accept the work and authorize final payment to Jay Bros., Inc. in the amohnt of$43,716.68. I ACTION REQUIRED If Council condurs with staff recommendation, Council should pass a motion adopting Resolution No.1 2006-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR TERRA SPRINGS WALL REPAIR PROJECT (PROJECT 2003-08) . ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR TERRA SPRINGS WALL REPAIR PROJECT (PROJECT 2003-08) WHEREAS, pursuant to a written contract signed between the City and Jay Bros., Inc. for repair of the historic prison wall (Project 2003-08) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of$43,716.68 on such contract, taking Jay Bros., Inc. receipt in full. Adopted by the Council, this 15th day of August 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . . . TO: FROM: DATE: MEETING DATE: REGARDING: LOCATION: BACKGROUND ~iI~ate~ 'HE 8"'H','CE 0' M'NNfSO" ") Mayor & City Council Bill Tumblad, Community Development Director Kr August 11,2006 August 15, 2006 US Homes project known as Millbrook State Highway 96 at South Twin Lake US Homes has m~de application for preliminary approval of its project known as Millbrook. The 1q7 acre property is located generally in the southeastern quadrant of the intersection oflCounty Road 15 and State Highway 96. The Planned Unit Development (PUD) includes 98 townhomes and 172 single family homes. The single family homes willi be of two distinctly different housing types. Part of them will be zoned CR, Cottage Residential and the remainder will be zoned TR, Traditional Residential. REQUESTS The specific requests before the City Council include: 1. Rezoning o~ 25.3 acres of land from AP, Agricultural Preservation (the zoning district int6 which all annexed land is automatically placed) to TH, Townhouse Residential! 2. Rezoning of 69.9 acres of land from AP, Agricultural Preservation to CR, Cottage Residential! 3. Rezoning of 72.7 acres of land from AP, Agricultural Preservation to TR, T radi tionall Residential. 4. Approval df the Concept PUD plans for the 107 acre project. 5. Approval df the Preliminary Plat for the project. 6. Approval df the Development Agreement for the project. 7. Approval df Annexation of the subject property into the City. Millbrook August 11, 2006 Page 2 of3 . COMMENTS . Phase One of the project is scheduled to begin in the spring of 2007. It is hoped by the developers to hav'e completed the third and final phase of the project by 2012. · Three pJk areas are to be dedicated to the City. Two will be active parks and the third k passive park on the west shore of South Twin Lake. Developer improveo/ents in the active parks will be grading and turf establishment. · Both the Brown's Creek Watershed District and Carnelian-Marine Water Manageclent Organization have endorsed the current trails plan. The current plan shots an 8 foot wide bituminous trail along, but outside of, the buffer areas for both Brown's Creek and South Twin Lake. · The trails: will be developed so that as housing phases are completed, trails abutting them will be completed. These phased trails will be completed in such I a way as to create complete loops at each phase. · The DNR! has done a preliminary review of the proposal. DNR approval is required pecause the project is a PUD that lies within a shoreland overlay district. Tentatively, the DNR has stated it believes the project can be approved as propo~ed. However, a PUD Worksheet still must be submitted by the developet and reviewed/ approved by the DNR. Since the DNR has tentatively said it finHs the project acceptable, staff is comfortable proceeding with approval pf the preliminary plat and plans. However, should the DNR have concerns that require revisions to the preliminary plat and plans, they will need to come b~ck to the City and Joint Board for review and approval. . RECOMMENDATIONS PI . C .1. anmng omrmSSlon The Planning Conhnission recommended approval of the project on an 8-1 vote with the 17 conditions fucluded in the attached planning report. Those conditions that have not been taken cafe of yet are included in the preliminary plat resolution. The one vote against the projecf was cast because the trail along South Twin Lake had the potential of being unpaved. S~bsequently, Carnelian-Marine Watershed Management Organization has required the Jail to be taken out of the buffer area and it will be paved. The Planning Commis~ion minutes are attached. foint Planning BoLd The Joint Planning Board approved the project on a 3-1 vote with the 17 conditions found in the Plaruiing Commission recommendation. The one vote against the project was cast because the trail along South Twin Lake had the potential of being unpaved. Subsequently, Carhelian-Marine Watershed Management Organization has required . . . Millbrook August 11, 2006 Page 3 of3 the trail to be taken out of the buffer area and it will be paved. The Joint Board minutes are attached. Parks & Recreation Board The Parks & Recr~ation Board unanimously recommended approval of the proposed park and trail pla~ as revised and presented in this packet of information. Staff Staff recommends approval of the preliminary plat and its associated requests. Specifically: I A) Approval of the first reading of the rezoning ordinances B) Approval df the Concept PUD Resolution C) Approval df the Preliminary Plat Resolution D) Approval df the Development Agreement Resolution E) Approval ~f the Annexation Resolution Note that the Preliminary Plat Resolution does not include all conditions of approval. The Developmentl Agreement also includes conditions of approval. Between the two documents all conditions should be covered. attachments: Resolution Approving Preliminary Plat and Concept PUD Resolhtion Approving Annexation Resolhtion Approving Development Contract Rezoriing Ordinance; AP to TH Rezoriing Ordinance; AP to CR Rezorimg Ordinance; AP to TR Planrrlng Report I Planning Commission Minutes Joint Board Minutes Revis~d Trail and Sidewalk memo Park &: Recreation Board Minutes Site Plan Phasilig Plan . . e RESOLUTION NO. 2006- A RESOLUTION APPROVING THE PRELIMINARY PLAT AND CONCEPT PLANNED UNIT I DEVELOPMENT FOR A USHOMES DEVELOPMENT LOCATED ON STATE HIGHWAY NO. 96 AND KNOWN AS MILLBROOK CASE NO. 06-06 WHEREAS, US Homes Corporation made application for approval of a Preliminary Platl and Concept Planned Unit Development (PUD) for a 170 acre project known as MILUBROOK, said project containing 98 townhomes and 172 single-family lots; and I WHEREAS, on March 13, 2006 and April 10, 2006 the Planning Commission held a public h~aring and recommended approval of the Preliminary Plat and Concept PUD with 17 cortditions; and I WHEREAS, on April 26, 2006 the Joint Planning Board considered and recommended approval of the Preliminary Plat and Concept PUD with the same 17 conditions as thei Planning Commission; and WHEREAS, on February 27, 2006 and June 26, 2006 the Parks & Recreation I Board considered the proposed trail, sidewalk and park improvements and recommended approval of the ttails, sidewalk and park improvements with 8 conditions; and I WHEREAS, the Preliminary Plat and Concept PUD are consistent with the City's Ordinanc~s and the City's Comprehensive Plan. I NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Preliminary Plat and Concept PUD for MILLBROOK with the following conditions: I 1. The Final Plat and Final Planned Unit Development application shall be substanti~lly similar to the following plans prepared by Sathre-Bergquist, Inc., and on fil~ in the Community Development Department, except as modified herein: I Site ~lan dated 7/21/06 Phasing Plan dated 7/24/06 Buffet Averaging Plan (including trails) - 8 sheets dated 6/26/06 Prelirriinary Site Map* (Sheets SM2 - SM6) dated 1/17/06 Prelirtinary Plat (Sheets PPI-7) dated 3/30/06 Final brading Plan (Sheets GP2, 3, 4, 4A, 5, 6) dated 4/12/06 . Final Utility Plan (Sheets 2-5) Preli~inary Landscape Plan (Sheets 1-4) *qxcept trails to be as shown in Site Plan dated 7/21/06 2. The developer shall complete a Lakeshore PUD worksheet and submit it to the Minnesotk Department of Natural Resource's (DNR) Area Hydrologist prior to submitting an application for a final plat for Phase One. If the DNR review results in Isubstantial changes to the Preliminary Plat or Concept PUD plans, then the developer shall resubmit the Concept PUD and Preliminary Plat for review by the City ~nd Joint Planning Board. 3. The trail ~nd sidewalk system shall be constructed substantially the same as representbd in the following plan sets on file with the Community Development Departmdnt: I a. q:arnelian Marine Trails - Revised (Sheets CM-I, 2, 3) dated 6-21-06 b. Brown's Creek Trail- Revision 3 (Sheet BC 2b-l) dated 6-26-06 I c. Brown's Creek Trail- Revision 2 (Sheet BC 2-2 + 2-3) dated 6-22-06 d. Revised Sidewalk Plan (Sheets SP-I, 2,3) dated 6-21-06 4. All trails ~hall be paved. 5. Prior to rblease of the final plat for Phase One, a blanket easement shall be provided bver the open space outlot on the south side of South Twin Lake for trail purposes.1 Should the Carnelian-Marine Watershed District rules ever change and allow a tr~il closer to the lake, the easement will give the City the right to construct I that trail. 6. Prior to release of the final plat for Phase One, the developer shall provide a 20 foot widd general easement allowing for future use for trails and utilities on the property ~long the south side of State Highway 96 right of way. The easement shall be r~viewed by the City Engineer and City Attorney and found satisfactory to them ib both form and content. 7. The trail bonnection to State Highway 96 along Outlot F shall be allowed as shown orily if the wetland in the ditch is determined by a State licensed delineator to be an ihcidenta1 wetland. If it is not an incidental wetland, then the trail shall be realigt)ed westward along the rear of Lots 17 through 19. Documentation from the delinJator shall be submitted together with fmal plat application materials for I the Phase One final plat. 8. Lots 129 land 149 adjacent to the trail access off of the roundabout will be restricted by covenant to have open rail fencing and non-continuous shrubbery not exceedin~ four feet in height along their side and rear lot lines abutting the trail corridor. [I1Us is to provide for a more inviting entrance to the trail system. 9. The Developer shall provide water service stubs at each park with three stubs to be includ~d at the large active park. A sanitary sewer stub will be provided at the large acti~e park at a place yet to be determined by the City of Stillwater. 10. The two kctive parks will be graded by the developer as part of the fust phase of develop~ent and the developer shall establish turf to the satisfaction of the city prior to the City's assuming maintenance of same. This shall at a minimum include rbowing, fertilizing, rock picking, leveling, trimming, weed management and over!seeding as necessary. Target date for the first transfer of park land will be fall of12007. dated 4/12/06 dated 2/1 /06 . . . 11. The Brown's Creek trail link on the Millbrook property that connects to the Carlson property to the south shall be installed by the developer at the same time that the f:arlson property trail is constructed, if prior to construction of the final phase in IMillbrook. . 12. An as built easement map showing 30 foot easements for trails shall be completed and recotded as each section of trail is completed. 13. Final civil engineering plans shall be found satisfactory to the Stillwater Public I Works qirector or they shall either be: a) revised to his satisfaction; or b) reviewed by the City Council and approved. 14. Prior to domrnencement of any grading on the subject property, the developer shall enl into a Development Agreement that is approved by the City Council. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of August, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor . ATTEST: " Diane F. Ward, Clerk e . RESOLUTION NO. 2006- A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER I PURSUANT ITO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996 CASE NO. ANN/06-01 . WHEREAS, US Homes Corporation has petitioned that land owned by it and Arthur V. Palmdr in the Town of Stillwater (collectively, "the land") described in Exhibit A, as depicted Ion 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, datedlAUgUst 16, 1996; and WHEREAS, the Land is included within Phase III of the area designated for orderly annexatibn; and I WHEREAS, Section 3.04 of the Orderly Annexation Agreement identifies the subject property las Phase III property; and WHEREAS, Section 4.04 of the Orderly Annexation Agreement provides that Phase III land mky be annexed to the City any time after January 1, 2002; and I WHEREAS, the Joint Planning Board approved the annexation petition at a public hearing c6nducted by it on April 26, 2006; and I WHEREAS, it appears to the City Council that the annexation does not conflict, in any way, witP the Joint Resolution Agreement of the City and Town of Stillwater, relating to orderly annexation dated August 16, 1996. I NOW, lIHEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: 1. That thiJ Resolution be submitted, forthwith, by the City Clerk to the Executive Director pf 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 Secti6n 414.0325 of the Minnesota Statutes relating to orderly annexations within a tlesignated 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 becorrie urban and the City is capable of providing the services required by the area witllin a reasonable time. It is further determined that the annexation to the City woJld 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 Js provided by Section 7.03 of the Joint Resolution. BE IT ~URTHER 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. I BE IT FURTHER RESOLVED, that the City Clerk submit copies of this Resolution with I copies of the map to the Town Board of the Town of Stillwater and the Joint Powers C01l1mittee. I Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of August, 2006. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, Clerk e . . e ORDIANANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 3th, 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 thb areas indicated thereon are changed from AP, Agricultural Preservation to TH, Townhouse Residential. This proceeding is known as ZAM/06-01. Section 2l This Ordinance shall be in full force and effect from and after its passage and pUblication according to law. Section 3l In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 15th Day of August, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane Ward, City Clerk . ~dl" ~;llil ~~C') "I ~'<l~ ~ 3:[ >r- ~ "".. '" "'O~2. Z"'> 2.cao iil:i!1ll ;:;: VJr.E ~ ~"'~ !l!!l:r Z >"'z (IJ ii" Vl g -t&;ut !!l "!!l c ~~!O ::'1 Z ::; -<':2F r~1 ~ Illiilll: .:!S';d ~ ~ ll:!O" 1 .N r- ~F~ 0 0 :i! ~ " "'r" . ;:: 0"'> N ~ ~tti~ 0 .... ~ .. !O ~~~ :i! :i!g;;l :i! "'",'" '" n"':i! ~ ~~'" "'oil 0 ~~~ !O n....r- z ::lOr " ~:i!~ c: Z ~~ll: 0 '" '" :i!>':2 r- :l: "'~n z " iI':2~ N >...'" 0 foil z '" CC ~ ",n ...01 op :!l "'. 5~ ::I z " '" <A '" '" '" ",,:;' '" '" '- ~~ N N... Q 1 I!!. '<n Q 2t> ""'T1!\Jd) c:g ';:j 0. 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IIi! l!l iip Ihl zl 01 ~I ::1:1 L___ i ~ .!! 1 IiI! \ il- I PI I \---- Ii I .-.1 i!i: ~I fill >~, ~-\--- m\ .......;; \ - -(j)- ~ ~!i! ~ \~m 51 'tP~ 0>___ ~Ir liM Id1j Ii!. I \ \ \ I I \ \ \ 1---- \ 1'1 '1 i. II! f" , \ II. \ \ Iii \ I II! I \ \ I - I I ........ I Ii I \ I ! . 1 \ III \ 1 I I I r--"-- I I I I I I'I! I I! I! I I I I I I I I Ii I I 'I' I 1.1 I ... o o I I 1 ------------~----- ril~ ~~ ~Cii ~ (5 S z (J) ~ "'CD el-< ~------------------------------ PRELIMINARY PLAT OF SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYlATA. MN, 55391 (952) 476-6000 MILLBROOK STILLWATER, MINNESOTA U.S. HOMES CORPORATION o "' "',. Gl '\.o~l1s ., <% ~~ p\.~ '" . . . (1) "0 >-3tn 0 :;s 1}5 ~~ ""I (1) 0.. <ZJ ~ VJ s. t!I!'j $:ll (JQ ""I ..... ? n > <ZJ (1l C/J $:ll - ~ ~ (1) ~ (1) ~>w ~ 0.. ~ ~ ::t.~ (') 0> 0 0.. o ::to 'S. ..... ..... n :Z:z 0 "0 0 t:j 0.. 0 (1l t:j s::: t:j a_t:j -. ~ CM 0.. W g;N ~::r...... ~O r::r ..... . (1) . n ~~ '< (') ~.~ a 0 ;;. -. o..$:ll S ~~ (1) 0 ...... ~ ~ (1l VJ ;1 (') n t:j S. S' ..... ~~ ...... _. a ..... (1) 0 ~ a 0.. ...... (') (I) . .....N ......, 3n n 0 o 0 (') 0 g. ~ ;3..""1 ~ ~ s. <ZJt!I!'j 0 S' 0.. ~ . 0.. t:j n ~> 0 (JQ ~. VJ _ (JQ -. o~ ..... ~ - t:j ~ ::r a: ~ :Zt!l!'j ~ ...... o (') o (1) - ......(1) (') ~ ~ 0 u.:z e: VJ ~ ~ ......, ~ (1) 0 t!I!'j~' ~ VJ g. 8.. t:j tn. C/J ...... . a - :z~ (1) -. ~:z .....~ S ...... ~ VI ...... ...... go C/J r::r Jg (1) ~ ~c;j 10 > ...... n - (1) ~~ 10 ..... .....(') (1) a ~ ...... n -. ~ ~ ...... ..... (I) ::r t:j (1) t""= ~ ~ ~ ~ t:j ~~~ t!I!'j ~ ,,""I ~t!I!'j (1) ~ 0 a I? o (JQ 0.. ~ :z ~ C/J ~ ~ ......, ~ ...... ~ (1) 1}5 t!I!'j<ZJ ~ ...... ~ ;,3 > n CP ~ S' 1}5 <ZJ~ s::: ..... ""I e: ~~ r::r <ZJ (JQ ~ (') 1}5 0 0.. t:j >t"" ...... 0 s::: (1) N S (S' n ,,(1) F n ~ us =t"" q' a: t"" 0 ~~~ 0 ~~ ~ N 0.. 0.. t:j n ~ 0 (1) (1) " 0.. n <ZJ~ ...... 0 0 VJ :;s 0>0 0 =t!I!'j (1) ""I ?" ::r 0"1 (JQ t:j ~ * a (1l ~~ ~ (') 6::1. g. ...... - t!l!'jn t!I!'j ~ ~ w(') (1) . s::: ~ 0 ~g a: :z~ S S ~~ $:ll -. o~ ..... ~ $:ll (') S t:j ......::r "'rjn _. >-c:;(1) (1) t:j 0.. ""I 0.. VJ ~o ~ ~ S 0 ~ - ~~ (1) -P <ZJt!I!'j ...... (1) :;!~ ...... ""I 0.. ~ CP ..... a S 0 ~ - 8 VJ (1) o' ~ VJ n (1) t:j ~ ~ ~ - (1) o 0.. <ZJ 0.. - - _ '" HrliWAY NO. 96) ; - i - - - ---- -tSTATE C_ i.STPTE H,aM AY NO es1 - _ _ _ .... �• -�-^ f j EmrAn ounor e ti F � I TtsiLvr I I tC'�t� I •...�... I � ��� -��` .�V rn%iftrr.�I-Ie��L+n —_ NOTES VICINITY MAP: 1.) A title opinion woe not furnlsfied to the surveyor and no specific title search for existence -4 or non-existence of recorded or un-recorded easementa has been conducted by the aurre yvr 1 as port of the surrey. No field work relating to the boundary has been done of lhi7 (ime. 0 2.) Area 170.2 Acres See lot tabulation for further detailed Information. 3.) Wetland(s) shown hereon is (are) per field location of stakes as set by others. © _ • �`" �i �... 4.) Any modification to this survey or sketch Prafarmed by any parson other than She , surveyor aignfng this cutifIc011m ar persona under his direct Supervision shall nullify the - "r• validity of thin survey, COY on original awvey WILK an original signature shall candtilute valid cottincotron. tiu 5.) L&SH(G� i.. Shore land Management Zoning Transition zone f °" SFS�SINGLE FAMILY SMALL LOTS . T '(.:,11 SPLI SIN— FAMILY LARGE LOTS - i - . .e.. ASF'- ATTACHED SINGLE FAMILY PNP- PUBLIC NEIGHBORHOOD PARK OPS- OPEN SPACE, ALONG CREEK PUD_R,11E T DEVELOPMENT WITH THE FOLLOWING UNDERLYING ZONES: Grendolough Series - TR Zone Harltage Series - CR Zone Metropolitan Series (MF) - TH Zone 6. TRAIL EASEMENTS WALL BE PREPARED AFTER THE TRAIL HAS BEEN CONSTRUCTED. WAITING TO PREPARE THE EASEMENTS WILL HELP AVOID REVISIONS TO THE EASEMENT DUE TO FIELD ADJUSTSMENTS THAT MAY BE MADE DURING THE CONSTRUCTION OF THE TRAIL. B DEVELOPER U.S. HOMES SATHRE BERGQUIST CORPORATION INC, Address: Address: 935 East Wayzata Blvd, 150 S. Broadway, Wayzata, Mn Wayzata, Mn Contact; Contact: Jay Llberacki Englneer:Don Schmidt Bob Payette Telephone: Surveyor: David Pemberton 952-249-3022 Telephone: Fax: 952-476-6000 952-473-7404 952-476-0104 l OLENDALOUGH UNITS(Lo15 St - 129) 98 METROPOLITAN UNITS(LOTS 173 - 270) 98 TOTAi 270 BUILDING SETBACKS GLENDALOUGH FRONT - 22' MINIMUM SIDE - 5' MINIMUM REAR - 25' MINIMUM HERITAGE FRONT -.20' MINIMUM (GARAGE), 15' MINIMUM (HOUSE), 20' (CORNER LOT) SIDE - 5' MINIMUM REAR - 25' MINIMUM 1 h—ay cortly 'Mal Ihlt plan m apacisca8an was rx"Md by me or under my died euP@1Ml0n end that I am a duly Ikensod load surveyor under the lava of the StAfe d MkVW4012. Doled (his lot day of February, 2006. SATHRE-BERGOUIST, INC, Osnlet L. 6chrNdL Muno&au Lkense Ha.26sd7 PARCEL A: That pal e1 the Northwest Quorlsr of the Northwest Quarter of Section 19, Townahlp 3D, Ran 9e K Wo Ongton County, Minnesota, hlch Was eoaterty a! a Iha deecriaad as commencing el the harthwsst caner of sold Northwest Ouarter or &old Northwest quarter, !hence on an aseumod bearng of North 69 door... 46 minutes 55 ascend& East, 616.50 feet !o the point of beginOnq of the Ilse to he described; thence South OS degrees 57 minutes 57 minutes W"t e60.Q1 feet: thence South OO degrees 35 minutes 10 aecalds East. 200.00 feet; lhenc& South 18 degrees 03 minute* 14 ascends East, 223,97 foot; thence Sauth 89 degreao 46 minutes 55 seconds West, 137.64 feet; (honed South 21 degrees 43 mkwtn o5 seconds Coat, 423,97 feet to the south tine of sold NarNwnt Quarter of the Nwthweal Ouorker, and old Iha Were lermtnallnq; Except that Do" plotted as RANDOM CREEK ES, kANCHETTWash hgton county, Minnesele. 1 TH a N100 200 400 I I SCALE IN FEET j " •Ili pM^ I r f I I I! I I I PARCEL 8: The Northeast Quarter of the Northwest Ouwter of Section 19, Township 30, Range 20 Waahinglan County, Minnesota, Except that part thereof platted as RANDOM CREEK kANcNETTES. PARCEL C: The Southeast Quarter of the Ncrth"al 0u4rler of Suction 19. Township 30, Range 20, Washington County, Mimesota, lyivyy north of Iha a"Ih 677 feet lh cr oaf, Exapl that part thereof plotted as RANOpI CREEK RANCHETTES PARCEL D: The Northwest Quarter of the Northeast Quarter of Section 19, Township 30, Range 20, Washington County, Minnesota. PARCEL E: The West Half of the Northeast Quarter of the Northeast Quarler of Section 19, Township 30. Range 20. Washington County, Minnesota. PARCEL F.- The Northwest Quarter of the Southeast Ouarter, of the Northeast Quarter of Section 19, Township 30. Range 20. Washnglon County, Minnesota. PARCEL C. TheWomhkngltan County.rter of the Mlnnnata, Except Ih QL stsrNor, ofSection iho Southeast Duo w nl the 0` Southwest Quarter of the Northeast Quarter of sold Section 19, end £xaspt that part It'"4nf plotlad as RA14CW CREEK RAN;CHETTES N0.2, PARCEL H: Outlet A. RANDOM CREEK RANCHETTES, according to the recorded plot thereof, Washington Caanty, Minnesota. PARCEL 1: Outlot A. RANDOM CREEK RAN CHETTES NO. 2., according to the recorded plat thereof, Washington County, M(nneeate. PARCEL a- Thal port at the Southwest Quarter of the Southeast Quarter of Section 18, Township 30, R- 20, Washington County, Minnasolo, lying soulheriy of the cenladine of Stole Hlmo y No, 98. PARCEL K: All that part of the test Half of the Saulhaaat Quarter or the Northeast Quarter of Section 19, TownahIP, 30, Ron, 20. Woshinglm Canty, Minn eaoto, that is anc�pmpoassd by the following deocrihsd 11nx Cemmmcing at the soulheaal corner at wrd Northeast Mortr; thence North I degree Zo minutes DI eeeanda Waal, olvnq the East 14he of sold Northeast QaartK Tor 653.24 feet to the point of soda Wit of the line to East ne orfs&Di than" cmlrnuNq North s dog,,,% 24 mroulae 01 a aginni want healoli the be INe, fa 34Z.00 feel; thence South 59 dapreoo 37 minutoo 52 â– aaonds Wee,, pvolle, to Iha north Itne 4-1 the Sauthovet Ouorlsr of said Nalhaost Quarter for 658.09 feet to the Wall line of add East HaIF, thence South W dagrer 17 minutes 30 second* tell, Nmg sold West line law 34199 feet; lhae North 89 degrees 37 minul" 52 seeendo Eael for 65&7e foot to the aoint of ?ru091ming, Wadllaglon County, Minnesota. 0 UC3 Z �- ul U V Z 0 co 3 W Q t � W Of 2m Q U) o � J a � 3 y 04, OES:, Z ILL 0 ! _0 0H aO Z0 �0 W Z Q U) W CC G >> > 0 W Ir J = EL �C6 DRAWN GRG CHECKED DBP DATE 2I01I06 SCALE AS SHOWN JOB No. 5455-069 LE PRELIMINARY PLAT. DWG SHEET OF PP1 SHEETS . . . Memorandum To: Stillwater Planning Commission From: Bob LoJyear, Interim Comm~nity Development Director D . I ate: Apnl3, 2006 Re: Cases Nl. ZAM/06-01,02,& 03; PUD/06-07; SUB/06-06 and ANN/06-01 Zoning ~mendments, Planned Unit Development Permit, Subdivision and Annexation of for a 270 lot development on 170.2 acres of land and water located shuth ofTH 96 and west of Neal Ave. (aka Millbrook Subdivision) Laid ovet at the request of the Developer on March 13, 2006 Background: TJis is the continuation of the review of a proposed residential development on k 170-acre parcel of land with accompanying water features located on the northern edgJ of Stillwater at the intersection of County State Aid Highway 15 (Manning AvenJe) and State Highway 96 (Dellwood Road.) The proposal is to create a new neighborh06d for the city consisting of271 residential units with supporting neighborhood fe~tures including parks, trails and access to the water. The review and ~ecommendation to approve a large subdivision to add to the community can appear to be a bit overwhelming to the Planning Commission. However, given the proper perspecti~e, you will provide an excellent check to work that has been performed by the developer and their team to meet the exacting standards of the community as well as to monitor the work completed by your professional staff. Staff is providing some guidelines to hell? you in forming your opinion regarding this major residential addition to the City of Stillwater. You should depeld on your professional staff to provide the technical aspects of I subdivision development. They are trained to review the development for such things as lot configuration! street network, adequate provision of utilities including gas, electric, lighting, commutiication cable, sanitary sewer, street trees, parks and trails and natural resource and storb water protection. In addition, they have been concerned regarding the design features ahd phasing of this project and how the city will be able to deal with this new neighborhodd coming on line in Stillwater. This comprehenslve application includes requests for rezoning this property into three I categories; CR - Cottage Residential, TR - Traditional Residential and TH - Town House. In addition, the dbveloper seeks to have a Planned Unit Development approved for a mixed use subdiJision with supporting amenities. A subdivision plat is also required to divide the properly into lots and outlots that can be recorded to allow for sale and taxing I purposes. Since this property is not a part of Stillwater as yet the developer is also requesting annex~tion of this property into the city. . . . Page 2 Cases No. ZAM/06-01,02,& 03; PUD/06-07; SUB/06-06 and ANN/06-01 (aka MilIbrook Subdivision) Your role in this complex review is to determine ifthe developer and staff have provided you with enough information for you to make a positive recommendation to the Mayor and City Council regarding subdivision and zoning of this property and subsequent annexation into the City of Stillwater. Major questions to be answered to your satisfaction should include: 1. Does the proposal conform to the community's comprehensive plan? 2. Is the timing proper for the proposed subdivision and rezoning? 3. Are all ofthe utilities available to serve the proposed development? 4. Is the proposed use compatible with adjacent land uses? 5. Have all ofthe minimum standards for this development been met? 6. Is there an adequate transportation network to serve the development? 7. Will the proposed development place an undue financial burden on the city? Staff is of the opinion that these questions are addressed adequately but there may be other specific issues that you wish to pursue and staff would encourage you to bring them forward at the public meeting. It should be noted that in reviewing this development the city is to hold the developer to the minimum standards as are laid out in the various regulatory ordinances regarding residential subdivision and zoning in the city. The developer may offer additional enhancements for marketing purposes but they are not obligated to provide them. Recommendation: Following the March Planning Commission meeting staffhas, in consultation with the development team, arrived at a point that we feel confident that this proposal is ripe for review by the commission. The developer's plan, as is included herein, has met all of the standards imposed by your regulations. A list of conditions for approval are attached. We have reviewed these conditions with the developer and we believe that they are in agreement. Staff would recommend that upon satisfactory review of the proposal, the Planning Commission endorse the efforts of the developer and their team and recommend approval of the zoning, subdivision and annexation as proposed, conditioned upon the attached list of conditions included by staff and the development agreement between the City of Stillwater and U. S. Homes for Millbrook. Attachments: List of conditions for approval ofthe request Development agreement . Conditions of approval as recommended by the City of Stillwater Planning Commission on April 10, 2006 and the Joint Planning Board on April 26, 2006 are as follows: 1. All trails will be paved with the exception of the trail around the south side of South Twin Lake. Staff will work with Brown's Creek and Marine-Carnelian Watershed Districts to ensure that the trail system is acceptable with hard surface. Every effort will be made by city staff to ensure that all improvements required by the City of Stillwater will also meet watershed standards. City may require a temporary escrow of developer funds to allow platting and building to proceed if the city and the watershed have not agreed on an acceptable trail surface at the time of construction. 2. The South Twin Lake Trail in this subdivision will consist of a surface yet to be determined but will meet configuration, wear and maintenance standards set by the Community Development Director and the City Engineer. The developer will research and formulate a plan to surface said trail in such a manner that will withstand use over time and remain in place. Cost of construction and maintenance will be two of the criteria that will be considered, however, other criteria may be considered. The intent is to create a trail that is both sturdy and non-intrusive to the environment while allowing for easy access to this area of the lake by strollers and bicycles. . 3. Developer will provide a 20' general easement allowing for future use for trails and utilities on the property along the south side of State Highway 96 right of way. 4. The developer will be provided three building permits (one for each building type) prior to completion of the first phase of the interior street network. 5. Developer will be guaranteed that the City of Stillwater will issue up to 90 building permits each year following the initial issuance of the first three permits. 6. A grading plan delineating the play area types for the large park will be generated by City of Stillwater and provided to the developer no later than May 1, 2006. 7. The Developer shall provide water service stubs at each park with three stubs to be included at the large active park. A sanitary sewer stub will be provided at the large active park at a place yet to be determined by the City of Stillwater. . 8. The two active parks will be graded as a part of the first phase and will have turf established to the satisfaction of the city prior to the city's assuming maintenance of same. This will, at a minimum, include mowing, fertilizing, rock picking, leveling, trimming, weed management and over seeding as necessary. Target date for the first transfer of park land will be fall of2007 . 9. City of Stillwater staffwill work with the Carlson property owners to ensure that the sewer and water service will be provided to Millbrook through the Carlson property. 10. Brown's Creek trail link on the:Millbrook property that connects to the Carlson property will be installed by developer at the time that the Carlson property comes on line for home sales if prior to construction of the final phase area in Millbrook. 11. Developer is to ensure that the Millbrook subdivision shall meet the DNR regulation for open space requirements around South Twin Lake. 12. Developer's engineer will complete the utilities phasing plan and forward to the City of Stillwater Engineer for review and approval prior to fmal plat approval. 13. An as built easement map showing 30 foot easements for trails will be completed for the trail system and recorded as each section of trail is completed. 14. Roundabout will be built as stipulated by developer's engineer. Details to be sent to and approved by City of Stillwater Engineer. . 15. Lots 129 and 149 adjacent to the trail access off of the roundabout will be restricted by covenant to have open rail fencing and non-continuous shrubbery not exceeding four feet in height along their side and rear lot lines abutting the trail corridor. This is to provide for a more inviting entrance to the trail system. 16. Wetlands crossings on the trail system will allow for through traffic for maintenance purposes. A detailed plan will be approved by City of Stillwater Staff and the watershed district prior to construction. 17. All fees, charges and assessments will be provided for by either payment or letters of credit to be filed with the City of Stillwater prior to signing of the respective fmal plat . City of Stillwater Planning Commission April 10, 2006 . Residential. This request is for a property in the Cottage Residential District, which limits garages to two stalls. Included in the application was a letter from the development's Architectural Review Committee, which approved the garage design plans. Mr. Gag opened the public hearing. Paul: Kirkwood, 3605 Eben Way, president of the Lifestyle Village Homeowners Association, spoke against granting the variance. He said people moved into the CR area with the expectation that double garages only were allowed. He said the homeowners' association is opposed to granting the variance because of the long-range impact of changing the rules. Rules should be enforced and apply from the beginning of development. Bob O'Day, 576 Eben Court, also a member of the homeowners' association, also spoke against granting the variance and in favor of consistency in enforcing guidelines. The public hearing was closed. Mr. Junker noted this is a new development and there is a reason why the lots in the CR District have different restrictions. Mr. Junker also noted that the Planning Commission tries to be consistent in abiding by the guidelines with new developments. Mr. Dahlquist agreed that with new construction it would be hard to argue hardship; he called for the restrictions to be enforced as written. Mr. Teske noted that the development's architectural review process is not of concern to the Planning Commission; the Planning Commission's concern is with the City's Zoning Ordinance. Mr. Teske stated he found no hardship involved and moved to deny the requested variance. Mr. Dahlquist seconded the motion for denial. Motion passed unanimously. Case No. Vl02-10 Request for extension of a variance for an accessory building at 3374 Staples Place. Ken Taillon, applicant. . Mr. Taillon was present. He explained that financial situation prevented him from constructing the accessory building for which the original variance was granted. He said the slab for the structure is in place and he is requesting an extension of the variance with several design changes, such as finishing off the windows. The slab for the accessory building is at the rear of the lot, behind the existing garage, he explained. It was noted that the original variance request had been denied by the Planning Commission and appealed to and approved by the City Council. Mr. Turnblad explained that this request is for an extension of a variance granted by the Council. He said the only question is whether the material facts have changed or not. He noted that the lot configuration is the same and said he did not feel that the facts have changed. It was also noted that neighbors had been noticed of the Planning Commission; no one was present to speak regarding the requested extension. Mr. Middleton, seconded by Mr. Peroceschi, moved approval of the variance extension. Motion passed unanimously. . Case No. ZAM/06-01 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TH, Townhouse, on 25.3 acres of land, Millbrook Development, south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue, US Homes, applicant. Case No. ZAM/06-02 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to CR, Cottage Residential, on 69.9 acres of land, Millbrook Development. 2 . . . City of Stillwater Planning Commission April 10, 2006 Case No. ZAM/06-03 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TR, Traditional Residential, on 72.7 acres of land, Millbrook Development. Case No. PUD/06-07 Planning Unit Development for a 270-lot development on 132+/- acres of land, Millbrook Development. US Homes, ,applicant Case No. SUB/06-06 Preliminary plat approval for a 270-lot development on 132+/- acres of land, Millbrook Development. US Homes, applicant. Case No. ANN/06-01 Annexation of 132+/- acres of land zoned TH, Townhouse, CR, Cottage Residential, and TR, Traditional Residential, into the City of Stillwater, Millbrook Development. US Homes, applicant. Mr. Lockyear opened the discussion by noting that the Millbrook approvals had been continued at the Commission's March meeting due to the Commission's concerns regarding the developer's conformance with staff recommendations. He said City staff had met with the developer since the last meeting and now recommends approval with the 17 conditions as outlined in the staff memo. Phil Carlson, representing US Homes, said the developer agrees to the 17 conditions. Mr. Junker questioned whether the language in Conditions 1 and 2 relating to the trail along South Twin Lake was strong enough, as the language does not specify that the trail be bituminous. Mr. Carlson said the developer is still open to the type of surface; the surface, he said, will be what the Watershed District and City agree upon. Jay Liberacki, US Homes, said everyone who has walked the area agrees that the trail should not be bituminous, but if the City determines the tail must be bituminous, that's what will be done. Mr. Lockyear stated he thought the language in the two conditions was adequate. Mr. Lockyear noted the area in question is steep and heavily wooded and may not be conducive to bituminous surface. Mr. Lockyear stated if staff is directed by the Council that the trail is bituminous, then that is what the surface will be; the concern, he said, is to try to agree on a surface that will work with the natural environment. Mr. Teske agreed that the language in the two conditions was sufficient, noting that if the City engineer, Community Development Director, and parks people want a bituminous surface, the trail will be bituminous. Mr. Teske spoke in favor of being open to alternative surfacing and being respectful of the environment. Mr. Lockyear said at a minimum, the trail will be a hard, all-weather surface - not grass or wood chips - that can be maintained. After discussion, it was agreed to leave the decision regarding the type of trail surface to City staff and Watershed District staff. Mr. Dahlquist suggested adding language that the intent is to provide an all-weather surface trail that is conducive for use by bikes and strollers. Mr. Junker asked for a clarification of Condition No.8, regarding the condition of the active parks. Mr. Lockyear explained that the City will require that the turf be established in an active park use condition - weed and rock free and graded. Mr. Teske suggested adding language to Condition No. 14 that the plans for the roundabout be sent to and approved bv the City Engineer. Mr. Middleton, seconded by Mr. Carlsen, moved to recommend approval of ZAM/06-01 as conditioned and amended. Motion passed 8-1, with Mr. Junker voting no. Mr. Middleton, seconded by Mr. Teske, moved to recommend approval of ZAM/06-02 as conditioned and amended. Motion passed 8-1, with Mr. Junker voting no. 3 . . . City of Stillwater Planning Commission April 10, 2006 Mr. Middleton, seconded by Mr. Carlsen, moved to recommend approval of ZAM/06-03 as conditioned and amended. Motion passed 8-1, with Mr. Junker voting no. Mr. Middleton, seconded by Ms. Block, moved to recommend approval of PUD/06-07 as conditioned and amended. Motion passed 8-1, with Mr. Junker voting no. Mr. Middleton, seconded by Mr. Carlsen, moved to recommend approval of SUB/06-06 as conditioned and amended. Motion passed 8-1, with Mr. Junker voting no. Mr. Middleton, seconded by Mr. Teske, moved to recommend approval of ANN/06-01 as conditioned and amended. Motion passed 8-1, with Mr. Junker voting no. Other items: 1) Todd Weiss, Minnesota Zephyr, was present with a request for approval of a Thomas the Tank Engine event. The event, as proposed, would take place Aug. 4-13, 2006, at the Minnesota Zephyr station and City parking lot north of The Lofts. Mr. Weiss highlighted some of the activities, which include a 25-minute train ride, as well as musical entertainment, arts and crafts, inflatable play areas, storytelling, etc. Hours of operation would be from about 9 a.m. to about 4:15, he said. Activities are all family-oriented, he said, and many are free. The train rides would accommodate about 270 people per ride. Portable toilets would be supplied, he said, as would security fencing and barriers. He said he also had talked with Marina people and access to the Marina will be signed and flagged. During discussion, it was noted that traffic and parking will be the biggest issues. Mr. Junker. seconded by Ms. Block, moved approval of the special event request, with Mr. Weiss to work with staff on final details. 2) Mr. Turnblad said a request had been received to hold sidewalk sales in the downtown district in conjunction with the Rivertown Art Festival, May 20-21, Lumberjack Days, July 20- 23, and the Fall Colors Fine Art & Jazz Festival, Oct. 7-8. As requested, the sales will take place from 10 a.m. to dusk along Main Street from the Zephyr Depot to St. Croix Boat and Packet, and side streets, including Myrtle, Chestnut, Olive, Nelson, Second and Water Street. As proposed, sales would be limited to one-third of the total sidewalk width in front of establishments, he said. Mr. Junker noted that last year the Council gave approval to hold sidewalk sales during Summer Tuesdays and during Lumberjack Days and said he thought allowing such activity sends a good message to retailers. Mr. Junker did express a safety concern about location of tables near the intersections of Main and Chestnut, Main and Myrtle and Main and Nelson. Mr. Junker, seconded by Mr. Middleton, moved approval of the sidewalk sales during the requested dates, with the condition that there be no tables within 8' of the buildings at the specified intersections along Main Street. Motion passed unanimously. 3) Ms. Block asked about attendance at educational seminars for Planning Commission members and whether the City might reimburse attendance. Mr. Turnblad said he would check into that. Mr. Teske, seconded by Mr. Peroceschi, moved to adjourn at 9:15 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 4 . . . Stillwater City and Town Joint Board April 26, 2006 Present: David Johnson and Linda Countryman, Stillwater Township David Junker and Jay Kimble, City of Stillwater Others: Community Development Director Bill Turnblad, City of Stillwater Attorney David Magnuson, City of Stillwater Chair Johnson called the meeting to order at 7 p.m. Case No. ANN/06-02 Annexation petition for a 2.3 acre parcel of property at 12764 Boutwell Road in the AP, Agricultural Preservation District, into the City of Stillwater. Scott Junker, applicant. Mr. Turnblad explained the request and noted that city utilities will be available to the parcel by the end of this construction season. He noted that the City Planning Commission had approved the request based on Mr. Scott Junker's statement that he intends to subdivide the property after the extension of utilities. Staff believes it would be appropriate to wait until services are actually available to the parcel, he said; if the Board does decide to take action at this time, he said it is the recommendation of staff that a condition be attached that the annexation does not become effective until the final subdivision plans are approved. Mr. Kimble pointed out that this parcel is contiguous to the City both on the northeast and the south as Boutwell Road also has been annexed to the City. Attorney Magnuson suggested, if approved by the Joint Board, annexation could proceed at this time with the condition that Scott Junker not make application for subdivision until after construction is completed; it also was noted that approval of the subdivision would come back to the Joint Board for comment/approval. Chair Johnson pointed out that typically of concern to the Joint Board in annexation requests is whether the request meets the criteria of contiguousness to the City and the timeline for proper consideration. Beyond that from the Joint Board's standpoint, Chair Johnson said the issues are City issues. Chair Johnson said he thought this request meets the criteria according to the Orderly Annexation Agreement. Ms. Countryman questioned why other annexation requests in the nearby area were denied. Mr. Turnblad explained that other requests involved much larger properties. Mr. David Junker noted that the traffic impact of other requests would be much greater; he also noted the other requests involve property to the south of Boutwell Road and involve a decision on the extension of Neal Avenue. Mr. Kimble moved approval of the annexation request subject to the condition that the subdivision not proceed until the sewer is in place. Ms. Countryman seconded the motion. Chair Johnson questioned the need for any condition, suggesting that any condition should be a decision of the City. Motion passed 3-1, with Ms. Countryman voting no. Case No. ZAM/06-01 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TH, Townhouse on 25.3 acres of land, Millbrook Development, located south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue. US Homes, Applicant. Case No. ZAM/06-02 Zoning Map amendment changing the zoning designation from Agricultural Preservation AP, to CR, Cottage Residential on 69.9 acres of land, Millbrook Development. US Homes, applicant. . . . Stillwater City and Town Joint Board April 26, 2006 Case No. ZAM/06-03 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TR, Traditional Residential on 72.7 acres of land, Millbrook Development. US Homes, applicant . Case No. PUD/06-07 Planning Unit Deveiopment for a 270 lot development on 132+/- acres of land south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue, Millbrook Development, US Homes, applicant. Case No. SUB/06-06 Preliminary plat approval for a 270 lot development on 132+/- acres, Millbrook Development. US Homes, applicant. Case No. ANN/06-01 Annexation of 132 +/- acres of land into the City of Stillwater, Millbrook Development, located south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue. US Homes, applicant. Mr. Turnblad noted that for the first three cases related to the rezoning of the Millbrook Development, the Joint Board has the authority to approve or deny the cases. With respect to the Planned Unit Development, preliminary plat approval and annexation, the Joint Board has the authority to review and comment. He noted that the Joint Board authority regarding the annexation request is limited to review and comment because this property is located in Phase III of the Orderly Annexation Agreement, where annexation is allowed after 2003. Mr. Turnblad briefly reviewed the plans for development in three phases, along with parks and trail dedication. He noted that US Homes has asked to be guaranteed the issuance of 90 building permits per year during the course of their project. According to the Orderly Annexation Agreement, 120 permits can be issued annually and there should be no problem in guaranteeing the issuance of 90 permits a year for the Millbrook project, he said. Chair Johnson pointed out the Joint Board has reviewed a number of plans for the project and asked that the changes between the last presentation and the current proposal be identified. Phil Carlson, Jay Liberacki and Dan Schmidt were present representing US Homes. Mr. Carlson reviewed the changes. One of the changes was the location of some of the townhomes, he pointed out. A significant negotiating point with the City he said was the amount of park dedication. The latest proposal represents a 30 percent increase in the amount of parkland, he noted. Another change he spoke to was the design of interior roadways, including a roundabout. He noted there have been numerous minor changes, including the trail connections. The number of units, 270, is about the same, he said. Mr. Johnson asked about the intended uses of the three designated parks. Mr. Carlson said the area by South Twin Lake is intended for more passive use; the one-acre park is intended as a neighborhood play area. Dan Schmidt spoke to the use of the water amenities and the retentionlfiltration of the water prior to entering Brown's Creek. Mr. Johnson asked about the view from Highway 36, whether there would be berming, etc. Mr. Carlson said the park would be City property and the City could do landscaping if it chooses. Mr. Carlson also noted that the grading plan will result in homes in the development being at about the same height as the ground form that is seen now. Mr. Carlson noted that existing trees along Highway 96 would be retained. Ms. Countryman asked about the use of permeable surfaces for trails, etc. Mr. Carlson said at this point there are no plans for permeable paving for streets or sidewalks; the trails will be asphalt, except for the trail along the south of South Twin Lake, which is still an issue in negotiation. Mr. Carlson noted the developer has pledged to build trails according to the City's specification. Mr. Junker noted there are 17 conditions of approval; he noted that regarding Condition No. 14, the Planning Commission recommended that plans be review and approved by the City engineer. Mr. Junker stated he had been rather vocal regarding Conditions 1 and 2 providing for a bituminous trail around the 2 . . . Stillwater City and Town Joint Board April 26, 2006 entire perimeter of South Twin Lake. Mr. Junker said regarding Condition No.8, he would like some additional language, although that might be a City issue. Mr. Johnson asked about parking near the major, active park. Mr. ~arlson pointed out there are 48 spaces on-street in close proximity to the park; a parking lot would be a City option. Mr. Junker asked if the proposed conditions of approval should be added to all of the cases; Mr. Turnblad said it would be appropriate to add the conditions to the PUD and preliminary plat approval. Mr. Johnson opened the meeting to public comment. Ruth Bruns, 8790 Neal Avenue, expressed a concern about construction traffic on Neal, an unimproved road. She also expressed a concern about trash and maintenance of the trail around South Twin Lake. It was noted that City staff has requested that construction traffic be kept off Neal for as long as possible, certainly during the first phase. David Stone, 12850 McKusick, expressed concern about the trail along Brown's Creek and asked whether the trail could be set back farther from his property. He also questioned the use of blacktop for the trail surface and the possibility of runoff. Ed Otis, 12070 87th Street Circle, expressed a concern about the phasing and the provision for access for emergency vehicles. Mr. Carlson said that issue has been discussed with City staff; in the second phase, the City may require an emergency access to Neal, he noted. Mr. Liberacki said there have been discussions with City, County and State about the possibility of a secondary access off Highway 96 during the construction period. Mr. Otis asked about any future plans for a shelter for those folks living in townhomes. It was noted the townhomes will have basements. Mr. Otis questioned who would be doing the ongoing inspection/maintenance of the water filtration systems. Mr. Kimble explained that the issue of the inspection/maintenance of the water retention/infiltration systems was an issue between the Watershed District and the City. Art Palmer, 12427 Dellwood Road, expressed concern about "people pollution" and the "urbanization" of South Twin Lake by providing for the trail. The public comment period was closed. Mr. Kimble moved approval of the Zoning Map amendments, Case ZAM/06-01, ZAMlO6-02 and ZAM/06-03. Ms. Countryman seconded the motion; motion passed unanimously. Mr. Kimble moved approval of the planned unit development, Case No. PUD/06-07, as conditioned, with the language change to Condition No. 14 as suggested by Mr. Junker, and approved by the City engineer. Ms. Countryman seconded the motion. Mr. Junker said for the record he did not feel some of the conditions were cleared up enough. Chair Johnson noted that was an issue for the City. Motion passed 3-1, with Mr. Junker voting no. Mr. Kimble moved approval of the preliminary plat, Case No. SUB/06-06. as conditioned. Ms. Countryman seconded the motion. Motion passed 3-1, with Mr. Junker voting no. 3 . . e Stillwater City and Town Joint Board April 26, 2006 Mr. Kimble moved approval of the annexation, Case No. ANN/06-01, as conditioned. Ms. Countryman offered a reluctant second to the motion. Motion passed 3-1, with Mr. Junker voting no. Case No. ANN/06-03 Annexation into the City of Stillwater of a .36 acre parcel of property on Boutwell Road, 328 feet southeast of the intersection of Neal Avenue, for the purpose of stormwater retention in the Agricultural Preservation District. City of Stillwater, applicant. Mr. Turnblad said the City's Public Works Department is requesting annexation of the parcel to provide stormwater ponding for runoff from the Boutwell Road improvements. The parcel is owned by the Township. The property is very low lying and a parcel that can easily be converted to a stormwater pond, he said. The resident of 7919 Neal Avenue, whose property abuts the parcel in question, said it was his understanding the property was dedicated parkland by the Township. He noted the new trail would go by the parcel and suggested it might be nice to have the ponding area serve as a stopping off point, with a bench perhaps. Richard Schultz, 13055 Boutwell Road, who lives across the street from the parcel, asked if the track culvert would be blocked off to prevent drainage through the culvert into a nearby low spot. Chair Johnson noted the parcel has served as a stormwater detention area for years since it is a depression. He said he welcomed the constructive suggestion that the area be improved to serve as an additional amenity. There was a question as to whether there might be a covenant regarding park use. Chair Johnson noted that the change in ownership from the Town to the City would not change the use - it would remain public space. Ms. Countryman spoke in favor of making the trail friendly and welcoming with the suggested enhancement. Ms. Countryman moved to approve the annexation and encourage the City to consider improvements/enhancements to the parcel so that it is conducive for use as a passive park area as well as a water retention resource. Mr. Kimble seconded the motion; motion passed unanimously. Case No. ANN/06-Q4 Annexation of all that part of the right of way of Neal Avenue North from the north side of the railroad right of way of the Minnesota Zephyr to the north right of way of Boutwell Road North excluding therefrom any portions already annexed to the City of Stillwater, City of Stillwater, applicant. Mr. Kimble noted this request is being made so that future improvements to Neal Avenue can be made with the benefit of State Aid funding. He said only the roadway is involved, similar to the action taken with Boutwell Road. Ms. Countryman, seconded by Mr. Junker, moved approval of the annexation. There was a question about the location of the future trail on Neal Avenue; it was noted a decision has not been made as to whether the trail will be located on the east or west side of Neal. Motion to approve the annexation passed unanimously. 4 . . e ~il~ate~ 'HE 8!R'HPl'CE 0' MINNESO!' ') TO: Parks & Recreatioh Board DATE: June 22, 2006 APPLICANT: US Homes REQUEST: Approval of Revised Trail & Sidewalk Plan for Millbrook MEETING DATE: June 26, 2006 REVIEWERS: Interim Public Works Director PREPARED BY: Bill Turnblad, Community Development Director Background The Parks & Recreation Board unanimously approved the park, trail and sidewalk plan for the Millbrook development on February 27, 2006. At that time, Jay Liberacki with US Homes noted that the Carnelian Marine Watershed District may not approve of the impervious trail planned for the south shore of South Twin Lake. As it turns out, neither Carnelian Marine Watershed District nor Brown's Creek Watershed District will allow a trail within the buffer areas of their respective water bodies. Consequently, US Homes has revised the trail and sidewalk plan to address the concerns of the watershed districts. The park portion of the plan remains the same as approved by the Parks Board in February. Request The developer is requesting that the Parks & Recreation Board recommend approval of the revised trail and sidewalk plan for Millbrook. Discussion The construction phasing for the revised plans would remain the same. Trail segments will still be constructed prior to the homes in the various phases. And, each phase will provide complete trail loops. Millbrook Trail Plan June 22, 2006 Page 2 . However, as mentioned, the alignment of the trails has to be changed in order to be approved by the watershed district boards. As a result, the trails have been moved out of the buffer areas for both South Twin Lake and Brown's Creek. Now these trails are located along the rear lot lines of the homes abutting the lake and creek. Because the are now shown on the back lot lines of a number of homes, there are stretches of sidewalk along the front property lines of those same lots that no longer seem essential. If there are sidewalks on both sides of these streets as well as a trail on the back lot line, a triple parallel system results. That is more than necessary. With a sidewalk on one side of the street and a trail along the rear property line of these lots, every lot in the development has pedestrian access to every portion of the development and to the city-wide trail system. Eliminating the sidewalks on one side of these streets also reduces the total amount of impervious surface within the development, which is a concern to Carnelian Marine Watershed District anyway. All trails will be constructed with bituminous surface and all sidewalks will be concrete. Alternatives . The Parks & Recreation Board has several options: 1. Recommend that the City Council approve the proposed trail and sidewalk plan revisions. 2. Recommend that the City Council deny the proposed trail and sidewalk plan revisions. 3. Table the concept plan review until the Watershed District Boards have both reviewed and approved the plans. Recommendation Staff believes that neither watershed district board is likely to approve trail improvements within the buffer areas of their respective water bodies. Therefore, we believe that the revised trail plan is the best that can be constructed and recommend approval with the following conditions: . 1. The trail and sidewalk system shall be constructed substantially the same as represented in the following plan sets on file with the Community Development Department, except as may be modified by other conditions of approval: a. Carnelian Marine Trails - Revised dated 6-21-06 b. Brown's Creek Trail - Revision 2 dated 6-22-06 c. Revised Sidewalk Plan dated 6-21-06 Millbrook Trail Plan June 22, 2006 Page 3 . 2. 3. 4. 5. 6. 7. Along Lots 156-165, the trail should be located along the southern side of the infiltration basins instead of the northern side. A trail segment shall be constructed between Lots 165 and 166. A sidewalk shall be constructed along the west side of Neal Avenue from the Street F intersection northward and southward to the project property lines. A sidewalk shall be constructed along the east side of Road G to the southern property line of the Millbrook project. A sidewalk shall be constructed along the east side of Road H to the project's northern property line. A blanket easement shall be provided over the open space outlot on the south side of South Twin Lake for easement purposes. Should the watershed district rules ever change and allow a trail closer to the lake, the easement will give the City the right to construct that trail. cc: Jay Liberacki, US Homes . attachments: Revised Brown's Creek Trail plan (four parts) Revised South Twin Lake Trail plan (three parts) Revised sidewalk plan February Parks Board minutes . . . . City of Stillwater Parks and Recreation Board Feb. 27,2006 Present: Linda Amrein, chair David Brandt, Paul Donna, Wally Milbrandt, Cathy Sewilo and Sandy Snellman Others: Robert Lockyear, Interim Community Development Director Absent: Rob McGarry Ms. Amrein called the meeting to order at 7 p.m. Approval of minutes: Ms. Amrein, seconded by Mr. Donna, moved approval of the minutes of Jan. 23, 2006, as submitted. Motion passed unanimously. Review of final Millbrook development park plan Jay Liberacki and Sonja Walters were present representing the Millbrook developers. Ms. Walters reviewed the final plan. She said the final plan increases the amount of total parkland dedication to 10.8 percent in order to address the previous issue regarding total park dedication. The plan includes the 7.9-acre major park near the development entrance; a 1.07 -acre neighborhood park in the southem quadrant of the development which is large enough to accommodate a play field, tot lot, trail connection and maintenance access; and a 2.86-acre passive park area on a knoll which overlooks South Twin Lake. The plan also includes a trail around South Twin Lake, another issue in previous discussions with the Park Board. Ms. Amrein expressed a concern about the number of trees to be removed and asked if the City forester had reviewed the plan. Mr. Lockyear said the forester had reviewed the plan and that issue will be addressed in an upcoming meeting with the developers. Mr. Liberacki responded that the original tree inventory included many trees of marginal health and species, such as box elders. He said the developer is tweaking grading plans in order to save certain trees and also plans to move around 150 trees, primarily pines, to other locations in the development. There was a question about the surfacing of trails. Mr. Lockyear said the trails all will be paved except along the south side of South Twin Lake. Mr. Liberacki suggested there could be a problem with the Watershed Districts regarding paving of the trail near South Twin Lake. Mr. Milbrandt said the City Council favors paving the majority of the trails. Ms. Amrein spoke of the Board's previous recommendation regarding limiting the use of South Twin Lake to non-motorized craft. Mr. Milbrandt noted the City did not take any official action in that regard since the Lake currently is in the Township; the City went on record supporting the Township's position regarding non-motorized use. Ms. Amrein suggested that the developer notify prospective property buyers that the lake use will be limited to non-motorized use. Mr. Liberacki said buyers would be made aware of the use restriction. Ms. Amrein, seconded by Ms. Snellman, moved to approve the final design of the parks and trails for the Millbrook development. Motion passed unanimously. 2006 capital outlav items Parks and Recreation Board June 26, 2006 Page 4 of 5 . The Olive Street residents' primary concern was with the noise issue related to the whistle and bell. Ms. Johnson used a wooden whistle to demonstrate the continual noise they have to put up with. Mr. Brandt said he had been at the park's grand opening and could understand how the sounds might become a source of irritation. Mr. Brandt asked if there would be any issues with the Armstrongs if the bell and whistles were removed. Mr. Hansen said he thought the matter could be worked out - the Armstrongs have indicated to the City "this is your park." At the recommendation of Mr. Milbrandt, staff was directed to look into alternatives/options regarding the use/removal of the bell and whistles. Regarding the concern received about the safety of crossing at Second and Nelson, Mr. Hansen noted the City is currently in the midst of a stormwater project and said it might be possible to incorporate a pedestrian crossing with the project. Ms. Amrein suggested that the restrooms at the park be designated as unisex facilities. Mr. Turnblad said he would see if that would be allowable according to code. Mr. Brandt expressed a safety concern regarding the park's slide. He said during the grand opening, several children came down the slide, bounced off the rubberized surface and almost hit their heads on nearby concrete. That concern was noted by staff. . Milbrook revised trail and sidewalk plan Mr. Turnblad reviewed the revised trail and sidewalk plan. He noted that it has been necessary to revise the plans to address issues with the Carnelian Marine and Brown's Creek Watershed District, neither of which will allow a trail within the buffer areas in their respective jurisdictions. As a result, the trails have had to be pulled back from Brown's Creek and South Twin Lake. In both instances, the trails are as close as possible to the required watershed buffer areas. He explained that as a result of the revisions, in some instances where sidewalks and trails became parallel, it made sense, he said, to eliminate the sidewalks where the trail is in the rear lots. He said staff believes there is a good chance that both Watersheds will approve the revised plan. Mr. Turnblad noted that the revised trail/sidewalk plan does not affect the previously approved park plan or the phasing of the plan. Phil Carlson and Jay Liberacki were present representing developer, US Homes. Mr. Milbrandt raised a question as to whether the South Twin Lake setback is from the ordinary high water mark or the wetlands, noting that the trail could be closer to the lake depending on whether the OHW or wetlands determine the measurement. Mr. Carlson said he would check into that and adjust the trail if possible. Mr. Amrein said she hoped folks buying lots are informed there will be a trail in their backyard. Mr. Liberacki pointed out the trails will be installed before the lots are purchased. Mr. Brandt asked if the elimination of some of the sidewalks would change the traffic patterns to the primary park area. Mr. Carlson said there is still continuity in sidewalk connections and all the desired trail connections are provided. . Ms. Amrein raised a question about a possible future trail connection to Highway 96 in the northeast corner of the site. Mr. Milbrandt made a suggestion about a possible revision of lots 16 and 17 to get a future connection outside a wetlands area. Mr. Carlson said that would not be a problem. Parks and Recreation Board June 26, 2006 Page 5 of 5 . Mr. Amrein moved to recommend approval of the revised trail and sidewalk plan as conditioned, with the inclusion of the stated suggestions made regarding realignment of lots 16 and 17 at the northeast corner of the site. Mr. Brandt seconded the motion; motion passed unanimously. Friends of Stillwater Parks special events Mr. Milbrandt, seconded by Mr. Donna, moved to approve the Friends of Stillwater Parks special events as requested - music, dance and crafts in Pioneer Park on July 20, Art in the Park at Pioneer Park on Aug. 20 and the Twinkle Parade in Lowell Park on Dec. 2. Motion passed unanimously. Informational items Mr. Pogge reviewed the informational items included in the agenda packet. Regarding the annual park tour, it was decided to visit Teddy Bear and Settlers Glen parks; the July meeting will begin at 6 p.m. in order to accommodate the tour. Regarding the item related to historical monuments, it was noted a recent request for a monument at the Attwood Mill site resulted in the Heritage Preservation Commission's decision to consider formulation of a historic monument program of some type. A policy likely will be coming before the Park Board for review and comment in the near future. 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RESOLUTION NO. 2006- A RESOLUTION APPROVING THE DEVELOMENT AGREEMENT FOR A USHOMES DEVELOPMENT LOCATED ON STATE IDGHWAY NO. 96 AND KNOWN AS MILLBROOK CASE NO. 06-06 WHEREAS, US Homes Corporation made application for approval of a Preliminary Plat and Concept Planned Unit Development (PUD) for a 170 acre project known as MILLBROOK, said project containing 98 townhomes and 172 single-family lots; and WHEREAS, on August 15, 2006 the City Council of the City of Stillwater approved the Preliminary Plat for MILLBROOK; 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 MILLBROOK project. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of August, 2006. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F . Ward, Clerk . 4th DRAFT August 11, 2006 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF STILLWATER AND u.s. HOMES CORPORATION, INC. FOR MILLBROOK This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651/439-9464 (telephone) 651/439-5641 (fax) . . . . . . . 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. TABLE OF CONTENTS Annexation, Zoning; Number of Units ..... .... ..................................... ........... ...................... 1 Private Improvements........ ... .... .....:........................... ......................... ............ ...... .............. 2 City Public Improvements; Trunk Utility Construction ..................................................... 2 Public Improvements... .............................................. ............ ................................. ............ 3 Streets. . . . . . . . . .. .. ... .. . . . . . .. . . . . ... ... . . . . . .. .. . .. . . .... . . .. .. . . . . . .. .. .. .. . ... . .. .. .. .. . .. . . . ... .. .. .. . . . . .. .. . . .. . .. .. . .. . . .. .. . ... 4 Storm Water Management................... ........ .............................. ........................... ........... ... 6 Site Grading ....... .................. ..... ................... ....... ....... ........ ..... ..... ....................................... 6 Landscaping...... ............... .... ... .... ............... ...................... ........... ......................... .... ..... ...... 6 Footing Drainage System....... ..... ....... ........ ................... ........ ........................................... ... 6 Final Site and Building Location Plans .............................................................................. 6 Erosion Control.................. ........... ............. ........... ..... ... ............ .......... ........................ ..... ... 7 Easements............... ............... ........................ ............ ............. ........ .... ............... ........... ...... 7 Maintenance of City or County Facilities ........................................................................... 7 Street Lights....... ............. ......... .............................................. ................ ........ ..... .......... ...... 8 Homeowners' Association.... ..... ......... ............. ................... .................... ... ....... .................. 8 City Regulations. ..... ........ ............. ..... ........... ....... ........... ..... ................... ............ ......... ........ 8 Letter of Credit; Contractor's Bond............. ................... .......... ...... ............................ ........ 9 Payment of Charges and Fees .................................. ........................................................... 9 Transportation Adequacy Fee.......... ................. .... ..... ....................... ............................ .... 10 Responsibility for Costs... ...... .......... ............ .......... ............... ............ ........ ...... .................. 10 Insurance................. ....... .... ........... ..... ..... ...... ............. ........ ................. ................. .......... ... 10 Indemnification ....... ....... ................ ....... .................... .................... ........................... ......... 11 Enforcement by City; Damages ........................................................................................ 11 Events of Default Defined........ ..... ............................ .................... ... .............. ... ............ ... 11 Remedies of Default ...... ........ .......... ....... .............................. .... ........ ..... ....... ...... ......... ..... 11 Notices ..... ......... ............. ...... ......... ........ ..... ..... ............... ......... ... ........ ............. ... ............ ... 12 Titles of Sections. ......... ............ .......... ........ .... ..... .... ..... ... ........ ...... .... .......... ....... .... ....... .... 12 Counterparts..... .... .... ... ...... .... ..... ....... .... ... .... ..... ..... .... ............ ............ ...... ..... .... .......... ...... 12 Modification.................................................................................................................... .. 12 Law Governing ..... ........ ................... ......... ............... ................... ....... ..... ...... ...... ......... ..... 13 Severability............. .......................................................................................................... 13 Termination of Agreement............. ........ .... ................ ....... ...... ......... ....... ...... ........ ....... ..... 13 - 1 - DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into this _ day of . , 2006, by and between the City of Stillwater, a municipal corporation under the laws of Minnesota (the "City") and U.S. Homes Corporation, Inc., a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the Developer proposes development of property in the Town of Stillwater commonly known as Millbrook. The land is described on the attached Exhibit "A," contains 182.64 acres, and comprises Phase III of the Orderly Annexation Area pursuant to the Orderly Annexation Agreement between the Town and City of Stillwater, date August 16, 1996 (the "Orderly Annexation Agreement"); and WHEREAS, prior to annexation, the Developer applied for and obtained conditional . preliminary approval of the plat of Millbrook, pursuant to the Stillwater City Code on ; and WHEREAS, the plat approval of Millbrook, is contingent upon the Developer and the City entering into this Development Agreement and the annexation of the property to the City, pursuant to the Orderly Annexation Agreement. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Annexation. Zonim!: Number of Units. A. The City will adopt a Resolution annexing the property pursuant to the Orderly Annexation Agreement between the City and Town of Stillwater dated August 16, 1996. e B. . Upon approval of the annexation by Minnesota Boundary Adjustments and the filing of the Order for Annexation with the Washington County Recorder, the City will rezone the property as follows: I. 28.92 acres will be rezoned as TR Traditional Residential District. This District may be devdoped into not more than 98 lots having an average area of 12,854 square feet. The TR Zoning District will be developed with single family detached homes in seven different styles on typical lot widths of 77 and 81 feet and depths varying from 120 feet to over 250 feet. 11. 17.34 acres will be rezoned as CR Cottage Residential. This District may be developed into not more than 74 units having an average area of 10,209 square feet. The CR Zoning District will be developed with single family detached townhouses. The lots and common areas within the District will be maintained by a Homeowners' Association. Lots will have typical widths of 60 feet and depths varying from 125 feet to over 250 feet. 111. 5.33 acres will be zoned TH Townhouse Residential District. This District may be developed into not more than 98 units in attached townhouses in 4, 5 and 6 unit buildings with attached garages. 2. Private Improvements. . A. Phasing. The Developer will develop the land within Millbrook in accordance with the Phasing Schedule attached as Exhibit "B" and to construct all improvements within Millbrook in accordance with the approved plans (collectively, the "Plans"). The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit "c" attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. B. Building Permits. Subject to compliance with this Agreement, the City will allow Developer the right to receive up to 90 building permits each year. The City will ensure that any limitation on the issuance of building permits contained in the Orderly Annexation Agreement will not prohibit the issuance of permits allowed by this provision. If necessary, the City will take all reasonable and legally permitted action to limit other and future growth, in order that the 90 building permits for the Millbrook Development be maintained, or in the alternative, take all reasonable action to seek amendment of the Orderly Annexation Agreement to increase the limits of allowable building permits. 3. City Public Improvements: Trunk Utility Construction. . A. Trunk Sewer. The City will construct, in a timely manner, the trunk sanitary sewer necessary to serve the Development beginning from its present location south of the Minnesota Zephyr Rail trackage on Neal Avenue to the North right- of-way line of County Road 64, approximately 250 feet west of Neal Avenue. - 2 - B. City Trunk Water. The City will construct, in a timely manner, the trunk water system necessary to serve the Development beginning from its present location on the south end of Mary Lane, west on County Road 64, North on Manning Trail and west on Dellwood Road to the intersection of the south right-of-way line of Dellwood Road to the west line extended to the north of the future City Park described on the Plans as Outlot K, Millbrook. c. Developer Trunk Construction, Sewer and Water. Developer will construct the sanitary sewer and water system necessary to service the Development and include in the design and construction the trunk capacity needed to provide future service to others and required by the City Engineer. The costs associated with this oversizing will be allowed as a credit against the trunk sewer and water charges described in Section 18 of this Agreement. D. Developer Trunk Credit. The credit, called the "Developer's Trunk Credit," will be determined on a per acre basis by first dividing the actual cost per acre incurred by the Developer as certified by the City Engineer and City Treasurer by the net acreage of the Development. This will be called the Developer's actual cost per acre. The Developer's actual cost per acre will have subtracted from its total the amount that construction would have cost had the project not been oversized to serve others. The difference will be the per acre Developer's Trunk Credit. 4. Public Improvements. All public improvements within Millbrook 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. The Developer must obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, both the Brown's Creek and Carnelian Marine Watershed Districts and other agencies before proceeding with construction. The Developer must provide a level of field inspection acceptable to the City. The City reserves the right to approve the identity of the Developer's field inspectors. The City will have City inspectors and engineers inspect the work at the Developer's expense. The Developer, its contractors and subcontractors, must follow all instructions received from the City's inspectors relating to any non-compliance with City requirements. 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. Within 30 days after the completion of the improvements, which is deemed to mean the final lift of bituminous surface, the Developer must supply the City with a complete set of reproducible "as constructed" plans and two complete sets of blue line "as constructed" plans, each prepared in accordance with City standards. Iron monuments must be installed in accordance with state law. The Developer's surveyor must submit a written notice to the City certifying that the monuments have been installed. A. Public Improvements; Phasing Schedule. Public Improvements to be constructed by the Developer on Millbrook will be phases according to a Phasing Plan that -3- . . . . must be prepared by the Developer and approved by the City Engineer before any work may begin of the Public or Private Improvements within Millbrook. Further, the following elements must be included in Phase I of the utility construction: 1. City Parks. Active City parks, located on Outlot H and Outlot K, must be graded and turf established at a minimum both parks must be mowed, fertilized, rocks must be picked, the area must be leveled and trimmed, weeds must be managed and the turf over-seeded as necessary. A grading plan for both must be provided to the City Engineer before work may begin on any work within Millbrook. 11. Sewer. Sewer and water stubs, and service must be installed to both active parks with three stubs provided in Outlot K at locations directed by the City Engineer. 111. Trails. All trails described in the plans must be installed and paved with the exception ofthe trail around the west and south side of Twin Lake (the "Lake Trail"). The Lake Trail must be located on the ground, configured and surfaced in a manner that will allow easy public access to the lake area, but will also meet the requirements of the Carnelian Marine Watershed District. Trail construction may be phased according to the trail phasing plan that has been prepared by the Developer and approved by the City Park Board. . IV. Link with Carlson. A link must be constructed that connects the Millbrook trail systems to the Brown's Creek trail systems to at the time the Carlson property offers homes within the Carlson property for sale. v. Wetland Crossing. The wetland crossings on the trail systems must allow for through traffic for maintenance purposes. A plan that will allow this must be prepared by the Developer and approved by the City Engineer before work may begin on either the Private or Public Improvements within Millbrook. 5. Streets. A. The Developer agrees to install the streets within Millbrook in accordance with City specifications and the Plans and the Phasing Schedule. Following completion of each of the streets and inspection thereof by the City engineer, the City agrees to accept the streets for maintenance if they are deemed by the City to have been constructed according to City specifications and the Plans. Prior to accepting the streets for maintenance, the City agrees to remove snow from any street or section of street which has a bituminous base and along which is located at least one occupied home. In return for the City agreeing to plow snow prior to acceptance of the streets, the Developer agrees to indemnify and hold the City harmless against any claim or action for injury or damage to the streets or . -4- adjacent properties. After the streets have been accepted by the City, they will be posted each spring for weight limits in accordance with the City's ordinances and . policies. B. In order to allow the Developer to grade Millbrook and to construct the streets and related utility improvements, the City hereby agrees to grant to the Developer a temporary easement for purposes of street and utility installation over, under and across the rights-of-way as shown on the plat of Millbrook. The easement will commence upon filing of the plat with Washington County and will terminate upon acceptance of the streets or street segments by the City for maintenance. c. The Developer is permitted to install the final wear course on each street when construction of at least 90 percent of the houses on the street or street segment has been completed. Notwithstanding the foregoing, the Developer and the City may agree to waive this requirement and allow the Developer to install the final wear course at a later time. D. The Developer agrees to warrant the streets against defects in labor and materials for a period of one year from the date of acceptance of the street or street segment by the City. During this period, the Developer agrees to repair or replace any street or street segment that shows signs of failure, normal wear and tear excepted. A decision regarding whether a street or street segment shows signs of failure will be made by the City in the exercise of its reasonable judgment. If the Developer fails to repair or replace a defective street or street segment during the warranty period, the City may repair or replace the street or street segment and may use the Letter of Credit, as hereinafter defined, to reimburse itself for the costs. The Developer agrees to reimburse the City fully for the cost of street repair or replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. The reimbursement must be made within 30 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any umeimbursed costs against any unsold lots within Millbrook ifthe Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within Millbrook of the street improvements and hereby consents to the assessment and waives the right to a hearing or notice of a hearing thereon. E. If building permits are issued prior to the completion and acceptance of all public improvements serving a lot, the final wear course of bituminous excepted, the Developer assumes all liability and costs resulting in delays in completion of the improvements and damage to the improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No certificate of occupancy may be issued and there may be no occupancy of any structure for which a building permit has been issued on either a temporary or permanent basis until the streets needed for access have been graded and graveled and the municipal water and sewer systems, have been approved by the City. Notwithstanding the above, the Developer may be granted building - 5 - . e . 6. . permits for three (3) model homes, one permit for each of the Developer's three products: one of the buildings will be a four unit building, and the other two, single family detached buildings. Storm Water Manaeement. A. In order to accommodate the storm water requirements of Millbrook, the Developer agrees to grade the site and construct improvements known as storm water improvements (the "Storm Water Improvements") in accordance with the Plans. B. The City and the Developer recognize that the Storm Water Improvements are designed to meet current legal and engineering requirements. If, following completion of the Development, additional improvements are needed, in the opinion of the City, the City is authorized, pursuant to Minn. Stat. Chapter 429, to acquire, construct, reconstruct, extend, maintain, and otherwise improve the storm sewer systems and related improvements within Millbrook. In recognition of this possibility, the Developer agrees to provide, within its declaration of covenants and restrictions, a provision which states that the Millbrook Homeowner's Association will grant an easement over the common area within Millbrook for such purposes and acknowledges that any such additional improvements may result in a special assessment by the City against all benefited property owners. This provision in the declaration must be approved by the City for use in connection with the sale of lots in Millbrook prior to its distribution or use by the Developer. 7. Site Gradine. In order to construct the streets and Storm Water Improvements and otherwise prepare the site for development, it will be necessary for the Developer to grade the entire Millbrook project. Site grading will be controlled and regulated pursuant to a grading permit issued administratively by the City Engineer. 8. Landscavine. The Homeowners' Association must assume responsibility for maintenance of any common areas after conveyance to it by the Developer. The Developer must install all landscaping in compliance with the Plans and provide through the restrictive covenants applicable to Millbrook (the "Covenants") that landscaping not be planted so as to interfere with site drainage, including the Storm Water Improvements. 9. Footine Drainaee System. The Developer will require that builders install a footing drainage system around the perimeter of each single family home to be constructed within Millbrook. The system design must be approved by the City's Building Inspector before work on a system begins. 10. Final Site and Buildine Location Plans. . A. The Developer must submit with each building permit application a site sketch showing all structures, driveways, easements, patios and other impervious surfaces, grading, topography, lowest floor elevations. Grading operations on - 6- each lot must provide reasonable protection of the top soil to mInImIZe compaction on the site. . B. Prior to initiation of excavation on the lots, the Developer must install rock on the areas to be used for driveways at least 20 feet into the lots from the front lot lines. 11. Erosion Control. All construction within Millbrook must be conducted in a manner designed to control erosion. Before the site is rough graded, an erosion control plan must be implemented by the Developer and reviewed by the City. The City may impose additional erosion control requirements if the City deems necessary. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed must provide a temporary ground cover as rapidly as possible. All seeded areas must be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's obligations or the City's rights hereunder. Developer will reimburse all expenses incurred by the City in connection with these actions. No utility or street construction will be allowed and no building permits will be issued in Millbrook unless the Developer is in full compliance with the erosion control requirements. 12. Easements. The Developer must furnish to the City, all permanent easements over property owned or controlled by them as designated in the Plans and in addition: . A. A 30 foot easement for trails must be dedicated and recorded as each section of trail is completed. B. A 20 foot easement for trails and utilities, adjacent to the southerly right-of-way of Dellwood Road (State Highway 96), must be dedicated and recorded. C. The Developer must dedicate and record any open space or scenic easements needed to comply with Minnesota Department of Natural Resources (DNR) Shoreland Regulations and conditions of DNR permit approval for open space requirements around South Twin Lake. 13. Maintenance of City or County 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, streets within Liberty leading into the Development and County Road 15 (as permitted by Washington County) 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. . 14. Street Li2hts. The Developer will furnish a street lighting system for the Development according to a design and specification that has the approval of the City Engineer. The street lighting system may be owned, constructed and operated by the electric utility serving the project, and in this event, the City and the utility must enter into a contractual agreement on rates and the maintenance of the 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. 15. Homeowners' Association. The Developer must create a Homeowners' Association to assure responsibility for maintenance of any common areas that are conveyed to it by the Developer. The documents creating the Homeowners' Association and any associated Declaration of Covenants must be reviewed and approved by the City Attorney before being executed by the Developer. The documents must be filed with the County Recorder prior to the issuance of any certificate of occupancy. 16. City Re2ulations. 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 final grading and erosion control plan prepared by Stevens Engineers, 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 Brown's Creek Watershed District and the Carnelian Marine Watershed District. 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. . - 8 - G. Comply with all conditions of approval of City plat approval and PUD approval as contained in Resolution No. . 17. Letter of Credit; Contractor's Bond. A. The streets, water, sanitary sewer, Storm Water Improvements, grading, restoration work and other improvements will be constructed in three phases beginning with Phase I as described on the Phasing Plan. The Developer agrees to deliver to the City prior to beginning construction of any phase within Millbrook, a letter of credit (the "Letter of Credit") in an amount set by the City Engineer for that phase. The Letter of Credit must be in a form acceptable to the City Attorney and must allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the improvements or to satisfy the claims of contractors or suppliers that have not been satisfied by the Developer. The City agrees to release or reduce the Letter of Credit upon substantial completion of all improvements within the Development. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City must first be satisfied regarding the quality and completeness of the construction or work and that the Developer has taken such steps as may be necessary to ensure that no liens will attach to Millbrook. B. Upon completion of a street or street segment Storm Water Improvements and acceptance thereof by the City, the Developer may deliver to the City a performance bond from the Developer's contractor in an amount suitable to ensure the quality of the work. In this event, the City agrees to: (i) reduce the Letter of Credit in an amount which, in the reasonable judgment of the City, is offset by the performance bond, and (ii) first make a claim against the performance bond and the contractor before making a claim against the Letter of Credit. . 18. Payment of Chan!es and Fees. Prior to the City signing the Final Plat of each Phase, Developer must pay the following charges and fees attributed pro rata to that phase: A. Total Trunk Charges Without Allocation to All Phases Based Upon 170.02 Acres: 1. AUAR Trout Stream Mitigation Charge $8.234 per acre $1,401,426.80 11. Trunk Sanitary Sewer and Water Main $11,075 per acre $1,884,965.00 B. Seal Coating: 1. In order to protect streets within Millbrook from early failure by reason of extraordinary wear caused by construction traffic, the Developer agrees to pay to the City, upon execution of this Agreement, the sum of $ to be utilized by the City to the cost of seal coating streets within Millbrook. The City expects the seal coating to be done no later than the seventh year of its life. . - 9- c. Park In Lieu of Charge. In addition to the required dedication of land as shown on the Plans, the Developer must: . 1. Obtain City park board approval of plans for City park improvements planned by Developer within Millbrook; 11. Complete construction of approved park improvements in conformity with the approved plans. No Developer constructed park improvements may be installed prior to receipt of park board approval. 19. Transportation Adequacy Fee. Based upon Resolution No. 2005-163 and the Expansion Area Transportation Report dated June 17, 2005, attached to the Resolution as Exhibit A (the "Resolution"), the Developer must pay a transportation adequacy fee of $14,000 per acre, based upon 170.2 acres. A pro rata share must be paid before the filing of the final plat of each phase. This payment will relieve the Development and future owners of lots within the Development from assessments that might otherwise be levied on the Development pursuant to Minn. Stat. S429 for the projects described in the Resolution. At the request of the Developer, transportation adequacy charges will be assessed against the lots within each phase of Millbrook at the rate of $8,825 per unit. The assessment for each phase will be payable in three annual installments and certified to the County Auditor for collection with the real estate taxes. A pro rata share will also be due upon sale of each lot. . 20. Responsibility for Costs. The Developer agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its costs and expenses in reviewing the plat of Millbrook, including the drafting and negotiation of this Agreement. The Developer agrees to reimburse the City in full for such costs within 30 days after notice in writing by the City. The Developer also agrees to reimburse the City for the cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys' fees and costs associated with construction inspection of the streets and Storm Water Improvements. 21. 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 premmms 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. . - 10- 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 $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. . C. Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. 22. Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Public Improvements. 23. Enforcement bv City; Damat!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 of legal counsel employed with respect to the enforcement of this Agreement. . 24. 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 ofthe 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. 25. 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 suspend issuance of building permits until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure a default. . - 11 - . . . 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 ~ . 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 ~_ for the full amount of the estimated work. 26. Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or mailed postage prepaid, certified mail, return receipt requested: (a) If to Developer: John J. Liberacki, Division Vice President Land Development Project Manager U.S. Homes Corporation 935 E. Wayzata Blvd. Wayzata, MN 55391 952-249-3022 main 952-473-7401 fax J ay.Liberacki@lennar.com (b) If to the City: Larry D. Hansen, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 With a copy to: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 550082 (651) 439-9464 main (651) 439-5641 fax or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 27. Titles of Sections. Titles of Sections Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 28. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 29. 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 - 12- whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. . 30. Law Governin2:. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 31. Severability. 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. 32. Termination of A2:reement. 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 parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER (SEAL) Jay L. Kimble, Its Mayor . By and Diane F. Ward, Its City Clerk DEVELOPER U.S. HOME CORPORATION, a Delaware corporation By: John J. Liberacki Its: Division Vice President Land Development Project Manager 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, . - 13- . . . being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILL WATER, 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 John J. Liberacki, Division Vice President, Land Development Project Manager, of U.S. HOME CORPORATION, a Delaware corporation, 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 ofthe Developer. Notary Public - 14- EXHIBIT "A" MAP . . . . 1218/11/1216 14:55 MAGNUSON LAW FIRM ~ CITY HALL NO. 563 GJI2I2 . . Legal Description . Parcel A: The North 966 feet of the West 542.10 feet oftbe NW ~ ofNW % of Sec. 19, Tp. 30, Rge. 20, Wa.~hingtoll County, Minnesota, EXCEPT that part thereofplattcd as Random Creek Ranchettes. Partel B: The NW l/.i ofNW Vol- of Sec. 19, Tp. 30, Rge. 20, Washingron County, Minnesota, EXCEPT the North 966 feet of the West 542.10 feet thereof, and EXCEPT that part thereof platted as Random Creek Ranchettes. Parcel C: The NE Y4 of NW V4 of Sec. 19, Tp. 30, Rge. 20, Washingt<m County, Minnesota, EXCEPT that part thereof p!artedas Random Creek Ranchettes. Parcel D: That part of the SE l~ of the NW v.. of Sec. 19, Tp. 30, Rge. 20, Washington COl.lnty, Minnesota, lying North of the South 677 feet thereof EXCEPT that part thereof pInned as Random Creek Ranchettes. . Parcel E: The NW ~ of the NE y,. of Sec. 19, Tp. 30, Rge. 20, Washington County, Minnesota. Parcel F: The W Yi of tbe NE % of the NE ~/4 of Sec. J 9, Tp. 30, Rge. 20, Washington County, Minnesota. Parcel G: The NW 14 of the SE '/4 of tbe NE VA- of Sec. 19, Tp. 30, Rge. 20, Washington County, Minnesoul. Parcel H: The SW Y'lof the NE V~ of Sec. 19, Tp. 30, Rge. 20, Washington County, Minnesota, EXCEPT the E Yz of the SE y~ of SW 1'4 of NE I;'; of said Sec~ 19 and EXCEPT that pnrr thereof platted as Random Creek Ranchettes No.2. Parcel I: Outlot A, Random Creek Ranchettes, according to the recorded plat thereof, Washington County, Min.nesota. . EXHIBIT" A" LOCATION:651 439 9464 RX TIME 08/11 '06 14:52 ~O/~~/~D ~~.~J I lMUI 'tUJUI 'f Lon'-^-' I J.' '-I' ~ "--- J. r' '" I................ Parcel J: OutJot A, Random Creek Ranchettes No.2, according to the recorded plat thereof, Washington County, Minnesota. . Parcel K: That pmt of the SW ~ of tb(; SE Yo of See, 18, Tp. 30, Rgc. 20, Washu1gton County, Minnesota, lying southerly of the centerline of State Hi ghway No. 96. Together with an easement for roadway, vehicular and pedestrian accesspnrposes nnd for construction of a road upon, over and across the South 60 feet of the North 327 feet of the E Yt. ofSE Y4 ofNE ~ of Sec. 19, Tp. 30, Rge. 20 as the same was contained in an Easement Agreement dated November 29, 1988 and filed December 15,1988 as Doc. No. 5899.12. AND That part of the Northeast Quarter of the Northwest Quarter and that pan of the Northwest Quarter of the Northeast Quarter, both in Section 19, and that part of the Southwest Quaner of the Southeast Qu.arter of Section 18, aJlin Township 3D, Range 20, Washington County, Minnesota, described as follows: BeginniJlg at the nOltheast corner of said Northeast Quarter of the Nortbwest Quarter~ thence South 89 degrees 46 minutes 55 seconds W cst, assumed bearing along the north line of said Northeast Quarter ofthe Northwest Quarter, a distance of 372.15 feet; thence South 0 degrees 44 minutes 52 seconds East, 304.84 feet; thence Soutl141 degrees 27 minutes 43 seconds En."t 350.57 feet; thence North 89 degrees 46 minutes 55 seconds East 94.31 fect; thence North 38 degrees 38 minutes 53 seconds :Sast 318.83 feet; thence Nortb 0 degrees 44 minutes 52 seconds West 404.58 feet to the center line of Dellwood Road North; thence South 84 degrees 13 minutes 39 seconds West, along said center line, 153.86 feet to the west Hne of said Southwest QUaIter of the Southeast Quarter; thence South o degrees 48 minutes 22 seconds East, along said west line 69.49 feet to the point of beginning. . EXCEPT: Tharpart of the Northwest Qumer ofllie Northwest Quarter ofSccrion 19, Township 30, Range 20, Washington COl.Jnty, Minnesota, described as follows: Beginning at the most westerly corner of Outlot A, RANDOM CREEK RANCHETIES, accordilig to the recorded plat thereof, said Washington County; thence North 89 degrees 46 minutes 55 seconds East, assumed bearing along the nOl1h line of said Outlot A, a distance of 137.84 feet; thence North 18 degrees 03 minutes 14 seconds West 223.97 feet; thence North 0 degrees 35 millutes 10 seconds West 2EO.OO feet; thence North 9 degrees 57 minutes 57 seconds East -2- . LOCATION:651 439 9464 RX TIME 08/11 '06 14:52 1:::)'-'/ ..1..1 / UU J.'-t ~ --i-' ! InUI"IU......:.LJI'1 L.nw I lJ"d I ~ "-'1 I I I 1I 1L-~ . . . 480.0 I feet to the north line of said Northwest Quarter of the Nortbwest Quarter; thence South 89 degrees 46 minutes 5S second.s West, along said north line 818.50 feet to the oocthwe:st corner of said Northwest Quarter of the Northwest Quarter; thence South 1 degree 46 minutes 18 seconds East, along tbe west line of said Northwest Quarter of the Northwest Quarter 966.00 feet to the intersection with the westerly extension of the north lil1e of Lot 2, Bock L said RANDOM CREEK RANCHETrES; thence North 89 degrees 46 minutes 55 seconds East, along said extended line and along the north line of Lots 2 and 3, said Block 1, a distance of 640.00 feet to the point of beginning. Subject to the right of ways of Dell wood Road North and Manning Avenue North. 647291-1 . . -3- LOCATION:651 439 9464 RX TIME 08/11 '06 14:52 . , <, 'III . . . MEMORANDUM TO: Mayor and City Council t. \};'7 Shawn Sander~; Interim Public Works Director FROM: DATE: August 11, 2006 SUBJECT: Declaring Costs to be Assessed and Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for: 2006 Street Improvement Project (project 2006-02) 2nd & Nelson Storm Sewer Improvement Project (project 2006-08) DISCUSSION: In order for the above projects to be certified to the County this year, the assessment rolls need to be prepared and hearings need to be held. It is anticipated that the hearings will be held on September 19, 2006. RECOMMENDATION Staff recommends that Council authorize the preparation of the assessment roll and calling for hearing on the above projects. ACTION REQIDRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2006 STREET IMPROVEMENT PROJECT (PROJECT 2006-02). 2. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2ND & NELSON STORM SEWER IMPROVEMENT PROJECT (pROJECT 2006-08). 3. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2006 STREET IMPROVEMENT PROJECT (PROJECT 2006-02). 4. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2ND & NELSON STORM SEWER PROJECT (PROJECT 2006-08). . .. ~ , ... . . . RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2006 STREET IMPROVEMENT PROJECT (PROJECT NO. 2006-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and the contract (bid) price for such improvement is $1,419,203.78 and the expenses incurred or to be incurred in the making of such improvement amount to $181,691.76 so that the total cost of the improvement will be $1,600895.54. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $935.484.81 and the portion of the cost to be assessed against benefited property owners is declared to be $665410.73 2. Assessments shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of six percent per annum from the date ofthe adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. f Adopted by the council this 15th day of August 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR SECOND AND NELSON STORM SEWER IMPROVEMENT (PROJECT NO. 2006-08) . WHEREAS, a contract has been let and costs have been determined for the improvement of streets and the contract (bid) price for such improvement is $132.685.00 and the expenses incurred or to be incurred in the making of such improvement amount to $33,092.79 so that the total cost of the improvement will be $165,777.79. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $51,048.22 and the portion of the cost to be assessed against benefited property owners is declared to be $114,719.57 2. Assessments 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, 2006, and shall bear interest at the rate of six percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district . affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 15th day of August 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk e . ' . . . RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2006 STREET IMPROVEMENT PROJECT (pROJECT 2006-02) WHEREAS, by a resolution passed by the Council on August 15, 2006, the city clerk was directed to prepare a proposed assessment of the cost for the 2006 Street Improvement Project. The following is the area proposed to be assessed. Bergens Forest Hills Additions 1 and 2 including adjacent properties north of Orleans Street between Everett Street and South Sixth Street; and 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 19th day of September, 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 ofthe 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 15th day of August 2006. Jay L. Kimble, Mayor ATTEST: Diane F . Ward, City Clerk J-o.... <# .. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2nd & NELSON STORM SEWER PROJECT . (pROJECT 2006-08) WHEREAS, by a resolution passed by the Council on August 15, 2006, the city clerk was directed to prepare a proposed assessment of the cost for the 2nd & Nelson Storm Sewer Project. The following is the area proposed to be assessed. Within the described boundary of East of William Street; South of West Olive Street; West of Second Street Drive; North of Hancock Street; and 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 19th day of September, 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 ofthe 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 ofthe 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 15th day of August 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . Memorandum To: From: Mayor and City Council Shawn Sanders, Interim Public Works Director August 11, 2006 L,,'t? Date: Subject: Bid Opening for the 2006 Sidewalk Rehabilitation Project (Project 2006-05) Bid opening for the 2006 Sidewalk Rehabilitation Project (Project 2006-05) will be on Monday, August 14, 2006. Results will be presented to City Council at the Tuesday, August 15,2006 meeting. . . . MEMORANDUM TO: Mayor and City Council ~. Shawn Sanders~terim Public Works Director FROM: DATE: August 14,2006 RE: 2006 Sidewalk Rehabilitation Project Project 2006-06 DISCUSSION: Bids for the 2006 Sidewalk Rehabilitation Project were opened on Monday, August 14, 2006. The City received four bids with the low bid of $63,407.65 submitted by Bailey Construction. (See attached resolution). The engineer's estimate for this project was $71,430.00. . RECOMMENDATION I recommend that the City accept the bids submitted for the 2006 Sidewalk Rehabilitation Project, Project 2006-06 and award the contract to Bailey Construction with a low bid of $63,407.65. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2006- ACCEPTING BID AND AWARDING CONTRACT FOR 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006-06) . ACCEPTING BID AND AWARDING CONTRACT FOR 2006 SIDEWALK REHABILITATION PROJECT (Project 2006-06) . WHEREAS, pursuant to an advertisement for bids for the 2006 Sidewalk Rehabilitation Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Bailey Construction, Stillwater, Minnesota $63,407.65 Ti-Zach Concrete, Inc., Le Center, Minnesota $65,549.00 Curb Masters, Inc., Stillwater, Minnesota $80,557.75 $92,373.00 Stoerzinger Construction, White Bear Lake, Minnesota ENGINEER'S ESTIMATE $71,430.00 and WHEREAS, it appears that Bailey Construction of Stillwater, Minnesota is the lowest responsible bidder. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Bailey Construction of Stillwater, Minnesota in the name of the City of Stillwater for the rehabilitation of sidewalks according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 15th day of August 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . '* . . . KNAAK & KANTRUD, P.A. Attorneys at Law Frederic W. Knaak* H. Alan Kantrud** Greg T. Kryzer** 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, MN 55110 Telephone: (651) 490-9078 Facsimile: (651)490-1580 *Also Licensed in Wisconsin & Colorado **Qualified neutral under Rule 114 of the Minnesota General Rules of Practice August 3, 2006 Mayor and Council Members City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Water Street Inn Condominiums Dear Mayor and Members of the City Council: Of Counsel Donald W. Kohler Joseph B. Marshall Thomas M. Dailey, P.A. Theodore M. "Ted" Thompson ~~, We have been retained by Chuck Dougherty and St. Croix Preservation Co. to assist them on issues remaining regarding the construction of the proposed Water Street Inn Condominiums within the City of Stillwater, or in the alternative, additional hotel and conference space as originally envisioned by the development agreement. As you no doubt are aware, your City and the St. Croix Preservation Co. entered a development agreement a number of years ago that contemplated the development of what was, then, blighted property in downtown Stillwater. Part of the construction that was contemplated in the agreement has become an attractive hotel complex which is a credit to the City. The remainder of the parcel governed by the development agreement was also expected to contain phased-in improvements of substantial value. The St. Croix Preservation Company has submitted to you its proposal for a superb condominium development on that site. Recently, you have enacted height restrictions in your City ordinances that, if applied to the property governed by the development agreements, make them undevelopable as contemplated by the City and developer in the development agreement. It appears to us, from our review of the record, that these restrictions were created by your City specifically to limit the height of any development occurring on this particular site. Evidently, citizens have become used to the "viewshed" of the river of the site and are expecting the City to preserve that view, regardless of any previous agreement, or ownership interest of private parties. ., ~'. Certainly, if the City wishes to renegotiate the development agreement, my client will not reject that effort out of hand. Please know, however, that the value of the real estate involved is $3 million and my client would expect to be paid that, in full, in exchange for selling the property to the City and relinquishing its current rights to develop the site. White it is understandable why the City and its residents would like to keep the viewshed, to do so at the direct expense of the current landowner is umeasonable. Should this property be that important to the City and its residents, then it is incumbent upon the City to find a means to purchase the land and turn it into undeveloped City property. . Please also understand that our clients do not view as acceptable a situation where the City would fail to permit the contemplated kind of development earlier agreed to, the reliance on which our clients have justifiably relied for the past several years. The City, and its citizens, have received a very positive benefit from our clients' compliance with the terms of that agreement to date. We very much look forward to your response and of being of assistance in bringing this parcel to the public's domain and use in the City. Sincerely, / l /'/~ .,/1 ?--- ~-;)U j...-;:;</L,!~' ) Frederic W. knaak Attorney at Law. . Cc: Chuck Dougherty . .. . . . STILLWA TE.R. rU5L1C L15RAR.Y 22~ N. Fourth St. Stillwater MN 55082...+806 651. +)9.1675 FAX 651.+~9.0012 Board of Trustees Meeting Agenda Tuesday, August 8, 2006, 7:00 P.M. 1. Call to Order & Introductions 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report* D. Other Activity Reports* E. Web Site Usage Report F. Director and Other Staff Reports * G. Financial Report -July 2006+ H Policy Review - No policy this month 5. Building Expansion A+ I A I 6. Fundraising Campaign A. Campaign Events Sneak Preview Gala C. Report of Other Progress to Date D. Board Fundraising Targets & Pledges E. Library Foundation I I I I 7. Library Address Change I 8. Operational Policies: Board Work Groups Hours, Personnel, Volunteers Coffee Shop Meeting Room & Terrace Policies Gallery Policies A* I I I 9. Board Vacancies 10. Sunrise Rotary New Year's Eve Party 11. Staff Vacation Accumulations 12.2007 Budget Request A. Revised Budget B. Budget Hearing - August 15,4:30 P.M. 13. Other 14. Adjournment D D+ A* A+ I If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M. on Monday, August 7, 2006. A=Action Item I=Information Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed .., Agenda item 4.A. STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILL WATER, MN 55082-4806 651439-1675 FAX 651439-0012 . Board of Trustees Meeting Minutes Tuesday, July 11, 2006 Present: Bill Hickey, Dick Huelsmann, Ruth Ranum, Julia Sandstrom, Brian Simonet, Andrea Tipple, Mary Weber Absent: Bill Fredell, ML Rice Staff: Lynne Bertalmio, Carolyn Blocher 1. Call to Order President Hickey called the meeting to order at 7: 15 pm in the temporary facility at Valley Ridge Mall, 1305 Frontage Road West. 2, Adoption ofthe Agenda The agenda was adopted. Weber/Simonet. 3. Communications and Public Commentary Trustees continue to coordinate with the neighbor to the north of the library about concerns regarding the sidewalk and stairs. 4. Consent Calendar The Consent Calendar was approved with the payment of July bills in the amount . of $1,154,690.88, of which $1, 111,171.30 is for construction. Ranum/Tipple. 5. Building Expansion Completion date is currently projected at September 1, with move-in dates of September 2 through September 9. Opening day projected at September 11, with the sneak preview gala on September 9. A. Trustees received an overview of the project scope authorizations to-date to A&P, including additional authorizations requested totaling $96,649.56. Trustees approved. Tipple/Huelsmann. B. Dick Huelsmann reported that A&P has requested that another scope authorization (# 11) in the amount of $176,012 be signed. He recommends that this not be signed as the amount is for "Contingency" (since most of the original contingency has been used up), for a variety of items that mayor may not happen, and for which there are no specific or firm bids at this time. The building Committee is working to resolve many of the issues, and at costs less than being suggested by A&P. On the other hand, A&P does not have in its "contingency" estimate certain other items that will definitely be done before the project is complete. Accordingly, the proposed SA #11 is too preliminary for contractual authorization. Dick moved t.lJ.at the Board approve the following and have such recorded in the July 11, 2006 meeting's minutes - "The Board of Trustees recognizes and acknowledges that the original contingency included in the aggregate Scope Authorizations totaling $9.664.956 has been substantially depleted and that there are, and will be, further items that wil have to be done to complete the project as desired, and at the time such items and the specific costs related thereto are .. identified, the Building Committee, as in the past, will enter into the customary scope authorizations _ to complete such work." . Huelsmann/Simonet. The purpose of this motion is to give A&P assurance that we are continuing to be responsible for the project, but we are not giving them a "blank check" for uncertainties at this time. . . . Library Board Minutes July 11, 2006 page 2 C. Board approved City's request that the Library Board serve as the "Administrator" on behalf of the City for the construction of the City's stairway and related retaining walls in the former Mulberry Street area north of the new Library Building. Further, the Board authorized the Board President to contract with A&P for this construction in an amount not to exceed $163,971. Sandstrom/Simonet. 6. Fundraising Campaign Golf Tournament proceeds and net profits are still being calculated. The proposed date for the gala is Saturday, September 9. 7. Library Address Change Motion from the Board to resume the Library's original Third Street address has been delivered to Larry Hansen, City Administrator. 8. Operational Policies: Work Groups Hours, Personnel, Volunteers -- Mary Weber, Bill Hickey, Brian Simonet, Carolyn Blocher The group presented these recommendations. · Hours for 2007 to be dependent on funding. The group recommends these hours: 10 am-8 pm M-Th, retain F 10-5, Sa 10-5, Su 1-5. The Fourth Street entrance will close at 5. The terrace will close 30 minutes prior to closing or at sunset on a seasonal basis. · Volunteers are to be used as appropriate for enrichment activities, rather than to supplement staff hours. · A long-range staffing plan should be developed by July 2007, utilizing 10 months of experience data from new facility. Coffee Shop -- Dick Huelsmann, ML Rice, Mary Weber, Lynne Bertalmio The Board has authorized Anderson Enterprises to manage the coffee shop. Terms to be decided. Meeting Rooms and Terrace Policies -- Bill Fredell, Julia Sandstrom, ML Rice and Lynne Bertalmio The Group met and will submit recommendations for Board review at the August meeting. Gallery -- Andrea Tipple, Ruth Ranum, Dick Huelsmann, Lynne Bertalmio The Group has not met, although research is ongoing. 9. New Trustees The Board submitted candidates for possible new trustees. 10. Service to Prisoners The Board discussed the Department of Corrections' Librarians' request for protocols for service to inmates at the Minnesota State Prison compared with the prisoners' rights to privacy. The Board is waiting on an opinion by the County Attorney. 11. Potential Circulation Policy Change at WCL Administration reported on a number of minor changes expected from WCL: Lost book default price to $20 from $15. Two overdue notices, versus three. Phone or e-mail notices on overdue items only, no mail. Board also discussed a request to WCL from a parent that WCL not grant internet access to a child not yet 17 years old. Library Board Minutes July 11, 2006 page 3 12. 2007 Budget Request A. Operating Budget Staff presented an Operating Budget of$1,103,064. Amendments to be detailed at the August meeting. Of note was the request for an additional 1.5 FTE. Passed. Huelsmann/Simonet. B. Capital Budget Staff was directed to develop a capital budget that mirrors the budget outlined in the long range plan, which was originally submitted for about $70,000. 13. Adjournment The meeting was adjourned at 9:28 pm. . . . . . 4. fl' . . August 10, 2006 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Doriott, Supervisors Linda Countryman, Sheila-Marie Untiedt and Jim Hiniker. Also, Treasurer Gloria Sell, Attorney Soren Mattick, Engineer Paul Pearson, Planner Dick Thompson and Chief Of Police Steve Nelson. 1. AGENDA - M/S/P Hiniker/Countryman moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Hiniker/Countryman moved to approve the 7/27/06 town board meeting minutes as written. (4 ayes) 3. TREASURER- a. Report given. b. Claims were reviewed and checks #17822 - #17845 were approved for payment. ATTORNEY - a. Bluff Of St. Croix Subdivision - The attorney attempted to contact John Matthews and Bryan Smith regarding outstanding fees owed, a development contract and Arcola Trail paving. There was no response. b. The attorney will send a letter to Matthews and Smith asking them to appear at the next town board meeting. c. The attorney outlined various ways to collect expenses incurred by the township during the subdivision process. d. The bid award for Arcola Trail paving will be tabled for the time being. It will be acted on by the first meeting in September. 5. PLANNER- a. Weber C.U.P. - M/S/P Hiniker/Countryman moved to approve the Weber C.U.P. with conditions identified and completed within 60 days. (4 ayes) b. Henton Minor Subdivision - Due to the future annexation of the area, the Hentons would like to split their lot into two lots. The supervisors request that the Hentons contact the City Of Stillwater before the township becomes involved. CHIEF OF POLICE REPORT - a. There' were very few burning permits in July. .,< Stillwater Town Board Meeting - 8/10/06 Page Two b. Only one dog went to the shelter. It was reclaimed. _ c. There is a zoning ordinance violation in process regarding an oversize boat tha~ the owners refuse to remove from their property. d. At the end of next year the new 800 MHz tower will be in place. The portable radio will cost $2,500.00 with a yearly fee of around $400.00. e. M/S/P Untiedt/Hiniker moved to reaffirm the Dangerous Dog Ordinance #136 as written. (4 ayes) (Ordinance originally approved 6/22/06) M/S/P Untiedt/Hiniker moved to approve the Peddler Ordinance #137 with the addition of IInon-profit edible fundraising." (4 ayes) f. The Melvin boat situation will be investigated. 7. PAT JOHNSON C.U.P. - Pete Young has inspected the compliance work and found a halfhearted effort to satisfy conditions. Two alternatives are to extend the time to satisfy conditions or initiate action to revoke the C.U.P. M/S/P Untiedt/Countryman moved to revoke the Johnson P.U.D. (4 ayes) 8. RYDEEN FEEDLOT LETTER - An alternate water treatment system is being considered. (It is hoped that the discharge will not go into the ditch although Pete Young doesn't feel it's a problem.) 9. ELECTION JUDGES - PRIMARY AND GENERAL ELECTIONS - M/S/P Untiedt/Countryman moved to approve the following residents as election . judges: Elaine Bartholmy, Judy Josephson, Sue Langness, Helen Olsen, Rosemary Ranalla, Kathy Schmoeckel, Debbie Sinclair, Vicky Turchiniak, Christine Tubbs and Julie Wasser. (4 ayes) 10. LAPTOP COMPUTER - M/S/P Countryman/Hiniker moved to purchase a laptop computer and projection system for the town hall not to exceed $3,400.00. (3 ayes, Untiedt nay) 11. ADJOURNMENT - Meeting adjourned at 9:50 p.m. Clerk Chairperson Approved . A -- August 3, 2006 ; . Mayor Jay Kimble City of Stillwater 216 N 4th Street Stillwater Mn 55082 Mr. Kimble We are writing this letter to let you know of concerns we are having in regard to Teddy Bear Park. We are located at 101 E Olive St in the Runk Building a 3 year old condominium (4 units). For two years we have had to be patient and understanding with all the demolition and construction noise in building the beautiful park, However we have come to realize that some of this noise pollution will never end. . With the long completion of the park fmally over, we were anticipating having a more peaceful summer this year having our windows open. We are now subjected to an unnecessary and constant clanging of a boat bell and tooting of the train horn from 8a.m. till 8 p.m. Let the children play and enjoy the park, but why is it necessary to have these constant noisemakers for the children to have fun. Even for the people visiting the park this must be annoying and unnecessary I would think. Please stop the train tooting, and let the surrounding neighbors enjoy the peace they pay for in their tax payments to the city. Our concerns are based only on having the Teddy Bear Park be an asset to Stillwater, enjoyed and appreciated by everyone that lives in Stillwater. Please take these issues seriously, Thank you for your time, James and Barbara Buggert 101 E. Olive Street Stillwater, Mn. 55082 . ":. " Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co,washington.mn,us] Thursday, August 10,200611:42 AM Pat Raddatz Washington County Board Agenda - 8/15/06 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda August 15, 2006 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of 1 . Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Assessment, Taxpayer Services and Elections * Kevin Corbid Inclusion of Inserts in Notice of Proposed Property Tax Statements 5. 9:15 - General Administration * Jim Schug, County Administrator 6. 9:25 - 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. Thi. 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. 2 .. , 7. Board Correspondence fl.' 9:45 - Adjourn 9. 9:55 to 11 :25 - 2007 Budget Workshops -Transportation and Physical Development -Library -Internal Services *********************************************************************************** Reminder: No Board Meeting on August 29, 2006 * 5th Tuesday Meeting Notices August 15 - Housing and Redevelopment Authority 3:30 p.m., 1584 Hadley Avenue North * Oakdale August 16 - Plat Commission 9:30 a.m., Washington county Government Center August 16 - Metropolitan Transportation Advisory Board 1 :30 p.m., 390 Robert Street North * St. Paul *********************************************************************************** Washington County Board of Commissioners Consent Calendar * August 15, 2006 3 . Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the July 18 & 25 and August 1 & 8, 2006 Board meeting minutes. B. Approval of contract with John Kaul, d.b.a., Capitol Gains, for legislative liaison services. C. Approval of resolution of appreciation for Mike Zurbey, who retired July 5, 2006, as the City of Cottage Grove's Director of Public Safety and Chief of Police. Assessment, Taxpayer Services and Elections D. Approval of a two day temporary on-sale liquor license for the Scandia Softball Association on .eptember 8 and 9, 2006. Community Services 4 ... E. Approval for Washington County Community Services/Resource and Referral Program to amend the grant contract to receive $2,956 for SFY 2007. \ Human Resources F. Approval to amend certain sections of the County's Personnel Rules and Regulations. . Information Technology G. Approval to renew the iSeries maintenance agreement for support iSeries maintenance for 2006-2007 with IBM Premier Business Partner, Pinnacle Business Systems. Public Health and Environment H. Approval of license for collection of household hazardous waste in Forest Lake and authorize execution by the Board Chair and County Administrator. Transportation and Physical Development I. Approval of resolution, award of seasonal materials for sand material to Aggregate Industries, aggregate limerock to Bryan Rock Products, plant mixed bituminous material to T.A. Schifsky and commercial asphalt, plant mixed bituminous inplace to T.A. Schifsky, conditioned upon the execution of a contract as approved by law. 5 . J. Approval of amendments to the construction manager contracts with Kraus Anderson Construction Company for the South Service Center and North Service Center/Library Construction Management. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 6 ,. Diane Ward From: .ent: 0: Subject: Linda Engh [Linda,Engh@co,washington.mn.us] Thursday, August 03, 2006 1 :51 PM Linda Engh Washington County Board Agenda - August 8, 2006 Washington County Board of Commissioners 14949-62nd Street North Stillwater, MN 55082 Washington County Board Agenda August 8, 2006 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of 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 1 . limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9: 1 0 - Consent Calendar 4. 9: 1 0 - Sheriffs Office * Steve Pott, Sheriff Explorer Post Achievements * National Competition 5. 9: 15 - General Administration * Jim Schug, County Administrator Update on Administrative Start- up Costs for the County Wheelage Tax 6. 9:25 - 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. 7. Board Correspondence .. 9:40 - Adjourn 9. 9:45 - Board Workshop to Receive the 2007 Budget Recommendations A. 2007 Annual Budget 2 ", Recommendations B. Assessment, Taxpayer Services, and Elections/Recorder's Recommended Budget 10. 10:45 * 11: 15 Board Workshop with Transportation and Physical Development Review of Start- up Plan for Big Marine Park Reserve . * * ***** * * *********** * ************* **** Meeting Notices Reminder: No Board Meeting on August 29,2006 * 5th Tuesday August 8 - Mental Health Advisory Council 4:00 p.m. - Washington County Government Center August 9 * MELSA 12:00 p.m. - 1619 Dayton Avenue * S1. Paul August 10 - Community Services Advisory 7:30 a.m. - Washington County Government Center 3 . ********************************************************* Washington County Board of Commissioners Consent Calendar * August 8, 2006 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Recorder A. Approval for the plat of Miller Farms in Baytown Township. Transportation and Physical Dev. B. Approval of final payment to Sanders, Wacker, and Bergly in the amount of $1,997.33 for the development of a master plan amendment for Lake Elmo Park Reserve. C. Approval of final payment to Electronic Communication Systems, Inc. (ECSI) in the amount of $13,248 for the Historic Courthouse wireless fire alarm system. . 4 " . Linda Engh Washington County Administration Phone: 651/430-6010 E-mail: Iinda.engh@co.washington.mn.us . . 5 ., STILLWATER TOWNSHIP August 10, 2006 Chair: Doriott David Johnson will be absent . A2enda: Adopt Minutes: Approve Minutes: Town Board Meeting July 27,2006 Treasurer: 1. Report 2. Claims And Checks 3. Escrow Update Attornev: 1. Approve Ordinances 136 and 137 2. Bluffs Of St Croix Planner: 1. Weber CUP 2. Johnson CUP 3. Henton Minor Subd. 4. Stillwater Comp Plan En2ineer: 1. Arcola Trail Paving Project 2. Otchipwe Prairie Trail Crossing Stonebridge Trail 3. Rydeen Feedlot Letter From Conservation District People Portion: . Clerk: 1. Committees: 1. Park Committee 2. Planning Commission Old Business: 1. New Business: 1. Adiourn: '. 8/7/2006 Pat Bantli