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HomeMy WebLinkAbout1998-02-17 CC Packet . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-5 Council Chambers, 216 North Fourth Street February 17, 1998 SPECIAL MEETING 1. TOU~bliC Library and discussion with members of Library Board 3/11J'1i ~ ~ REGULAR MEETING 4:30 P.M. 7:00 P.M. CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - February 3, 1998 Regular and Recessed Meetings, and February 10, 1998, Special Meeting. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Commending Captain Tim Bell for dedicated service to the Stillwater Police Department ~ C\ i ..~ -- OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. . CONSENT AGENDA* 1. Resolution 98-41: Directing Payment of Bills 2. Exemption from Lawful Gambling License - St. Croix Valley Education Program raffle 3. 1-4 day Temporary on-sale Liquor License - City of Stillwater Chamber of Commerce for Blue Moon Gathering, February 26, 1998 4. Resolution 98-42: Memorandum of Agreement for Drop Off Center Recycling Grant Distribution 5. Resolution 98-43: Municipal Licenses for sidewalk use - Marlene's Deli, Savories, and Stillwater Grill (continued from Feb. 3, 1998) STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the making of street rehabilitation improvements and sidewalk construction improvements to Curve Crest Boulevard between Greeley Street and Washington Avenue. The area proposed to be assessed is properties abutting Curve Crest Boulevard between Greeley Street and Washington A venue. The estimated cost of the improvements is $539,813. Notice of the hearing was placed in the Stillwater Gazette on February 6 and 11, 1998 and notices sent to affected property owners. q ~ _ 't -{ . City Council Meeting 98-5 February 17, 1998 UNFINISHED BUSINESS ~ 5<{ 1. Second reading of Ordinance 854 approving zoning ordinance and map amendments ZA T 98-1, 98- . 2, 98-3, 98-4, and ZAM 98-1, 98-2, 98-3, 98-4, and 98-5. (first reading Feb. 3, 1998) 2. Results of Joint Board Meeting of February 4, 1998, for Council review and approval NEW BUSINESS 1. Aiple lease property: a) Request to obtain survey q ~ -Lt.? b) Approving lease extension agreement (resolution) 1 ~..'1 f 2. Authorization to conduct easement survey for sale of Colonial Craft site to Lakeview Hospital PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) ',' COMMUNICA TIONS/REQUESTS 1. Marguerite Rheinberger - Request to transfer leadership of celebration for sesquicentennial . celebration of the Minnesota Territorial Convention to the City of Stillwater Chamber of Commerce 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. . ., CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-3 February 3, 1998 REGULAR MEETING "e meeting was called to order by Councilmember Cummings. 4:30 P.M. Present: Absent: Councilmembers Bealka, Cummings, Zoller Councilmember Thole and Mayor Kimble (arrived at 4:40 p.m.) Also present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Finance Director Deblon' Parks Director Thomsen Police Chief Beberg Fire Chief Barthol Building Inspector Zepper . Administrative Assistant Cordes , City Clerk VI eldon Press: " ' Julie Kink, Courier 1. Presentation by Brimeyer Group, Inc. on Recruitment Services for Poli~e Chief.': Administrative Assistant Cordes introduced James Brimeyer, President of the Brimeyer Group, IQ.c., . . Executiv~ Search Consultants. Mr.Brimeyerhighlighted the steps in the'proposal. CounCil qu~stioned Mr. . Brimeyer on several aspects', of the proposaL Councir'4irectedCity' Coordinator ~iesei to fInalize the range. - I, , ,,- of ,services Mr. Brimeyer was to perform fOf the agreed ,upon flatfe~ 9f $14,0(j~. ,,' ' ",. , _ 1 ',"__ . (Maxor.~~ble an:iv~~a( 4:4,0 p:m.)' ".~' ,~~~ ,~, h-<', iJ# , ';:'~"'J ~ , " v-~" "~;, ,,"-' . Motion by Councilmemb~r B~alka,'seconded by Cpuncilmember Cummings to adopt J~..esolutiori 98-36 . approving agree~ent for recruitment'setvices tor ~olice Chief with Bripleyer Group, Inc~" ' Ayes: . Councilmembers Zoller, Cummings, Bealka andMay~~ Kimble. , . Nays: None' ~' , "" :!....' Absent: CouriCilmember Thole ' , ,~ ~, ~ ~~" STAFF REPORTS Finance Director Deblon presented a r~quest for th~ replacement <?f the Junior Account Clerk. She requested. the telephone receptionist duties be separated from the utilitY billing.dutie's forthe most. efficient operation' of ' the financ~ department and to. resolve the lack of internal contiol iss1,les.. She,recommeQ.ded Coun~i~ split th~ job held by the prior junior account clerk into a receptionist and a:seni9r"or interme~ia.te account clerf(two positions). . ': . . . . \ ' : ' " , '^, ~ CityCoordinator.~iesel stated this 'item l1adbeen discussed at the Jllnuary',20meeting>Council ha.d' requested this item be placed on. the Feb:3 agenda because there was adi#eren~e of opinion on ,how 'this position should be filled. ,'He. presented information supporting,his pos~ti<:mthat 'orily, one persorishould be' City Council Meeting No. 98-3 February 3r 1998 hired, not two part-time positions. He stated there was no need to hire anyone other than a full-time receptionist for the front office. Due to changes in job duties and the increase in finance department staffIng in past years, the finance department appeared to be adequately staffed at this time. .' Council determined the top priority was to have a receptionist at the front desk 100 percent of the time. They encouraged the better utilization of computers or outsourcing to meet fmance department needs rather than hiring new staff. Councilmember Cummings stated he was most comfortable with City Coordinator Kriesel making the decision; that is where his expertise lies. Motion by Councilmember Zoller, seconded by Councilmember Cummings directing City Coordinator Kriesel to determine the method of replacement of the Junior Account Clerk, with no increase in staff levels, and further directing City Coordinator Kriesel to develop a job description for the receptionist position. All in favor. Police Chief BelJerg requested the purchase of two marked squad cars from Superior Ford (State of Minnesota Contract) for $40,176. He also reported the testing for the Captains position was complete. The selection panel selected Sergeant Larry Dauffenbach to fill the position created by the retirement. of Captain Tim Bell. He requested appointment effective February 16, 1998. (action for both requests on consent agenda) . , Parks Director Thomsen requested the purchase of a Gateway computer and programs Jor approximately $1800. The funding would come from the Parks Department capital outlay office budget. Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the purchase of computer and software for Parks Department at approximate cost of $1800. All in favor: Building OffIcial Zepper requested the purchase oftwo Gateway computers, modem, arid .laser pfinter for' Building Department at a cost of approximately $470,0, with funds in 1998 capital olJtlay budget. Motion by Councilmember CUIplIlings, 's'econded by Councilmember Bealka approving the purchase of two computers, modem, and laser printer fot Building Department at approxllnate cost' of $4700. All in favor. , , City Attorney Magnuson reported a citizen had questioned if Councilmember Cummings is disqualified from voting on the rezoning of property in the orderly annexation area because Councilmember Cummings ' wife worked from time to time as a hostess ,011 open houses for Charles Cudd, one of the potential builders tllat will be buying the property from COI\tractor Property Developers Company, (CPDC), He presented his opinion that Charles Cudd and Company is not an owner of the land in question but is rather a potential' , builder who is expected to buyJots from CPDC within the newly rezoned area. It is- not Councilmember Cummings who shares a financial relationship with Charles Cudd and Company , it is his wife. Herinterest does not appeaL significantly direct to disqualify Councilmember Cummings from voting on the rezoning. City Clerk Weldon reported Minnesota precinct caucuses will be held March 3, 1998. Minn. Stat. SS_ , 202A.14; 202A.19 states Council may not meet after 6 p.m. on uniform precinct caucus day. Council was given th~ options of meeting on oVler oates or holding the meeting at 4:30p.m. anp adjourning a~ 6 p.m. (no 7 p.ni meeting). " Moti?n by Councilmemb.er Cu~ings, seconded b~ Council~ember ,~ealka s~heduling March 3; 199.8 Counce meetmg for 4:30 p.m. wlthadJournment no later than 6 p.m. m comphancewIth,State statutes regardmg scheduling of government meetings on Minnesota precinct caucus day. All in favor. 2 CitY1Council Meeting No. 98-3 February 3, 1998 City Coordinator Kriesel requested consent agenda item 12, Approval of Municipal Licenses for sidewalk use, be removed from the consent agenda and continued to February 17 to allow for notification requested by a concerned resident. (action taken at 7 p.m. meeting) .ayor Kimble recessed the meeting at 5:50 p.m, Attest: City Clerk . f , 'O""l v 7, ~. ' , t ~" . -, , , , + ~ , "',- '" ,\ :: , , ,Jf ~ ~'" - 3~ Mayor ~ -"" - ,! " . ~ ,_', ,1- '" j> '0' f' ~~ $,' r ,', , ", <,' <~ 1.' <.... ~ ~ '- ~ ~ ~;: ~ ""~ " . City Council Meeting No. 98-3 February 3~ 1998 CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-3 February 3, 1998 RECESSED MEETING 7:00 P.M. . The meeting was called to order by Mayor Kimble. Present: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole (arrived at 7:20 p.m.) Also present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Community Development Director Russell Civil Engineer Sanders Gerald Fontaine, Planning Commission City Clerk Weldon Press: Julie Kink; Courier Mark Brouwer, Gazette APPROVAL OF MINUTES ". - Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the minutes of January 20, 1998 Regular Meeting. All in favor. t. .,' '. . " , . . ' ~~PETITIONS'. 'INDIVIDU~S. DELEGATIONS 'Sl' CQMMENDATIONS' ~~', , ,'." - . ~.~~ '~J(,.' ", i: 1. Ned Gordon - Browns Creek Watershed District Mr. Gordon informed Council Senator Jane Krentz willbe introducing a Brown's (:reeJ< funding bill this session. He requested Council contact Senator La~dig and Representative Holsten regarding the appropriation of money for restoration and preservation of Brown's Creek and mi:mey'to the watershed district for flood control measures. ' Motion by Councilmember Bealka, seconded by Councilmember Cummillgs to adopt Resolution 98;;.35 ' encouraging the Minnesota Legi$lature to'appropriate mOIley for restoration and preservation of'Brown's Creek in Washington County, appropriate money to the Brown's Creek watershed district fOfflood control measures, and authorize the sale of state bonds. Ayes:Councilmembers Zoller, Cummings, Bealka and Mayor Kimble, Nays: None. ' .', - Absent: Councilmember Thole. 2. Gary Starns - 209 N. Williams Street Mr. Starn's requested Council assistance with noise and road/driveway blockage created by the Valley ~o-. on William Street. His residence is o,n the south side of the Co-op. He stated he haq c()nracted the ' 4 City' Council Meeting No. 98-3 February 3, 1998 management and the police several times, but problems still exist. City Attorney Magnuson stated the Co-op was started before zoning ordinances were adopted. Therefore, it . does not operate on a special use permit; it is a nonconforming use. ' Council directed City Attorney Magnuson to investigate the complaint and return with a report at the February 17 meeting. . (Thole arrived at 7:20 p.in.) CONSENT AGENDA* Motion by Couricilmember Bealka, seconded by Councilmember Cuminings'to remove item 12, Municipal. license for sidewalk use, and continue to February 17. All in favor., Motion by Councilmember Bel),lka, seconded by Councilmember Cummings approvinR conSent' agenda,as amended. All in favor. . 1. ' Resolution 98-30: Directing P~yi1:Ient of Bills.', ' ",' ' , '2. Request for Installatio~ of Bariner by 'Ci.ty:or Stillwater ChaIll,~r for FallcAifFair " 3. Approv:al to attend MN Clerks &' Finance Officers AIplual CQnfer~nce ill.' Aleximdiia, MN.o.: Morli Weldon, Administration, ,..,' , , " " , .' ' . ., '" . " . 4. Resolution 98-31: Approving MeJ110randum ofContinqanc,e for,Goodwill Atte~ded Donation Center. 5. Resohit~on 98-40: Approving purchase of two marked squad cars frorp. Superio~ Ford (state contract) 6. Resolution 98-32: Apptovirig Employment of Larry Dauffenbach as, Police Captain '..' Request to purchase three HT 1000 Portable Radios 'w/mlcrophones & chargers ....: FIre Department. , Resolution 98-33: Approving T~mporary ~mployment of Cillis Diethert.~sW ~rffiiIlg ,House Attendant., , 9, R~guesqo purchas'e recycling ,biris,- AdIll,!nistratiQn . ,:', ,. .<, ".,'", ,,\ ',," ': , ~:1;~:" ;JiQ .-'~e'solujfdp;'9tx~4: , A.~c~ptmi~i s~em~~9i~~amages':a~socia~i'i~-rffte,,,~Ydrc(nt' dam~ge. ': , ' 'II. -Contrador LiceI!Se~: Huneroe'rg CoIiStruCtion Inc,:\ Plymouth: MN'; Kem~hefConstnjctiori, Inc., , , ' , Burnsville, MN ; McPWllips Bros Roofing Company, St. ,Paul, ,MN' ".:, " ' , " 12. ResolfitiaH 98 35: }..pprpvalof MMnfcipal Licensesfor sig.e':~;alk~se for Marlene's Deli, Savories and, ' , Stilh'/atcr Grill. , , , ,,-' , " ' " , , '. 13. Claim for damages: 406 S.' 3 rd Street , , 14. Authorizing advertising fClI: R~qiiest,for,Proposais for management services and:~~ tt'e-resurfacing ma,chine for the St: Croix V alle~ Sports 'CoIllplex,', :' " 1 ;; , ~c .. ,'";.. PUBLIC HEARINGS " ",,' ," , " ", ' 1. Project No. ,9802. Thi~ is the day and time for the public heating,W"consider the 1998 Street Reconstruction Project - pt Street and Surroundin.g, Aieas,(Projecf 9802). :Notice- of the hearing was placed in the Stillwater Gazette on January 16 & 21,~ 1998, and noticesm'lile4 to aff~cty~propertY o\Vners: ' , , ". " , Civil Engineer Sanders, re~ieweci, t~e:proj~cJ. If c~uncil ordered the improveqIent, the assessment hearing, would be held October' 6..1~98",' ,~ :; ,.' ,', ' ',' ',',", ", "" " , * " ~ ^ ~; , .e Mayor opened tile ~UbliC: ~earing., : " ' , , ~ '> '- , . 1.' Liz Luedtke, 215 E. Churchill, representing her mother who fesid~s<\i 1009 First Street, feltJst StreeUs not in bad shape and'could b~ put Mt"for a year or two., The assessments would be foo mucl1 for those on a , ' , , , " 5, " . ',' t;V:, City Council Meeting No. 98-3 February 3j 1998 fixed income. Staff explained the pavement management program determines which streets are included in improvement. projects each year. It was also explained that assessments can be deferred for senior citizens. 2. Lee Bjerk, 1323 S. First Street, stated he disagreed with Ms. Luedtke; he felt South First is one of the worst streets in town. He was thrilled the improvement project was happening. 3. Miles Tibbetts, 703 3rd Street, representing his parents on S. 2nd Street, asked if what sidewalk and apron could be saved, would be saved. Staff reported it would, but if removal was necessary, the resident would be assessed, Mayor Kimble closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-:37 ordering improvement and preparation of plans and specifications for 1998 Street Improvements for South pI Street and surrounding areas, Project 9802. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None, Mayor Kimble stated the next 13 public hearings will be discussed in aggregate; they are all related to the development on Long Lake. 2. Case No. ZAT/98-1. This is the day and time for the public hearing to consider a Zoning Ordinance Tex. Amendment establishing development regulations for a, new Lakeshore Residential (LR) DistriCt, 20,000 square foot lots. City of Stillwater, applicant. Notice of the hearing was .placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners. . 3. Case No. ZAM/98-1. This is the day and time for the public hearing to consider. a Zoning Ordinance Map Amendment rezoning lands on the west side Long Lake Lakeshore Residential (LR) District from Agricultural Preservation (AP). City of Stillwater, Applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners. 4. Case No. ZAT/98-2. This is the day and time for the public hearing to consider a Zoning Ordinance Text Amendment establishing development regulations for a new Traditional Residential (TR) District, 10,000 square foot lots, City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners. . , 5. Case No. ZAM/98-2. This is the day and time for the pubic hearing to consider a Zoning Map Amendment rezoning lands west of Long L.ake, Traditional Residential (TR) District from Agricultural Preservation (AP). City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners 6. Case No. ZAT/98-3. This is the day and time for the public hearing to consider a Zoning Ordinance Text Amendment establishing development regulations for a new Cottage Residential (CR) DistrIct, 6,000 squar. foot lots. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on Janua"'" 16, 1998, and notices mailed to affected property owners 6 City'Council Meeting No. 98-3 February 3, 1998 7. Case No. ZAM/98-3. This is the day and time for the public hearing to consider a Zoning Map Amendment rezoning lands west of Long Lake, Cottage Residential (CR) District from Agricultural Preservation (AP). City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, . and notices mailed to affected property owners 8. Case No. ZAT/98-4. This is the day and time for the public hearing to consider a Zoning Ordinance Text Amendment establishing development regulations for a new Townhouse Residential (TR) District, 5,000 square foot lot area per dwelling. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners 9. Case No. ZAM/98-4. This is the day and time for the public hearing to consider a Zoning Map Amendment rezoning Townhouse Residential (TR) District from Agricultural Preservation (AP) lands located east of CR 15 and south of CR 12. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners 10. Case No. ZAM/98-5. This is the day and time for the public hearing to consider a Zoning Map Amendment rezoning lands Village Commercial (VC) from Agricultural Preservation (AP) located at the southeast comer of CRs 12 and 15. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners ,,-," 11. Case No. PUD/97-67. This is the day and'time for the public hearing to consider a concept planned unit development review for a 156 lost Single Family Residential Development (The Legends of Stillwater) on 75 acres of land located north of 62nd Street North and west of Long Lake (Staloch Farm) Pemton Land Company, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners _. Case No. PUD/97-70. This is the day and time for the public hearing to' consider a concept planned unit development review for 350 residential units and 6.2 acres of Village Commercial Development 0 188 acres (Liberty on Long Lake) located south of County Road 12, east of County Road 15 and west of Long Lake , , (Newman Farm). Contractor Property Developers Company, applicant. Notice of the hearing was placed- in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners 13. Case No. SUB/97-68. This is the day and time for the public hearing to consider a preliminary plat approval of 156 residential lot subdivision, Legends of Stillwater, 74 acres of land located in the Lakeshore, Traditional and Cottage Residential Zoning Districts (new), north of 62nd Street North and west of Long Lake (Staloch Farm). Pemton Land Company, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16, 1998, and notices mailed to affected property owners ' 14. Case No. SUB/97-71. This is the day and tlme for the public hearing to consider a preliminary plat approval of 332 residential lot subdivision, Liberty on Long Lake, including a 6.2 acre Village Commercial site located in Lakeshore, Traditional, Cottage and Townhouse Residential Zoning Districts (new) south of County Road 12, east of County Road 15 and west of Long Lake (Newman Farm). Contractor Property Developers Company, applicant. Notice of the hearing was placed in the Stillwater Gazette on January 16; 1998, and notices mailed to affected property owners _ Community Development Director Russell presented background information on the development of Phase I of Ae Orderly Annexation Area. He provided information for the Liberty/Legends developments regarding bluff ~tback, oak woodland quality and development impacts, zoning setbacks and Design Guidelines. Also present to provide additional information and to answer questions were Glen Van Wormer, Short Elliott Hendrickson 7 City Council Meeting No. 98-3 February 3~ 1998 (SEH), traffic consultant; Sherry Buss, Bonestroo Rosene Anderlik & Assoc.(BRA), environmental consultant; and Roger Tomten, design architect. Community Development Director Russell reported the Planning Commission had held public hearings and . recommended approval of the PUD' s, preliminary plats and zoning ordinances. Glen Van Wormer, SEH, and Joe Lux, Washington County, presented traffic information on access, interior circulation, impact on adjoining neighborhoods, and design of streets. Dan Herbst, Pemtom Land Company, discussed design aspects of the development. Kathryn Fernholzer and Dwight Jelle, Westwood Professional Services, Inc., presented their evaluation of the woodlands on the Newman and Stalock property. Mark Putnam addressed landscape issues. Recessed at 9:05 p.m. Reconvened at 9:20 p.m. Paula Newman Kroening and Robert Kroening .presented a history of the property and the planting of the trees by the family. The Mayor opened public hearings Nos. 2 - 14. 1. Jim Blau, 424 N. Greeley, expressed concern with watershed problems. He felt it was short sighted to remove trees and add more roofs and paving. He preferred leaving the forest intact rather than small parks. 2. Hannah Dunevitz, St. Paul, plant ecologist with the Minnesota Department of Natural Resources (DNR), . commended the developers for their care of the trees, but asked them to remember there is a difference in replacing "trees" and a "forest". She stated there is a need to preserve the forest community intact as there are very few sites left that meet DNR standards for a natural area. This area meets the DNR minimum standards. She stated the area is a degraded forest community, but can be saved by methods such as buckthorn control. She cited the case of Monticello saving a forest with the help of the DNR. 3. Laurie Maher, 3018 Marine Circle, Friends of Long lake Homeowners Association, expressed concerns with the loss of wildlife in the area and discussed the DNR report in the AUAR that strongly recommended keeping the forest intact, the open space committee report which ranked the forest as a moderate priority area, and the comprehensive plan. She requested the cul-de-sac area within the forest be removed from the plan. She suggested the developers gift that area to the city; volunteers would manage the area. 4. Todd King, 210 Wildwood Ct, Open Space Committee, stated their report indicated strong public support for open space. Although the development meets the criteria of the ordinance, it does not meet the expectations of the citizens of Stillwater. He asked the city not rush to take action, but take time to preserve the ecosystem. 5. Angela Anderson, 1121 N, 4th Street, stated the trees would be in fragmented area; it would no longer be a wood lot. She urged the woodland acreage be saved. 6. Leah Peterson, 7160 Midoaks Lane, asked this area be considered an historic natural area and be exempt . from development. She requested Council consider not making a decision on this area tonight and investigate the possible funding from the Green Corridor Protection Bill. Mayor Kimble reported this bill 8 City.Council Meeting No. 98-3 February 3, 1998 had already been researched, but the funding would not be for the 1998 biennium. Hannah Dunevitz, DNR, stated there were several other sources of funding, including the National and Scenic Areas Grant Program. . Paula Newman Kroening, representing the Newman family, stated her father, Clay, studied forestry and planted those trees. The family has donated a 2.2 acre island in its natural state and there will be a pedestrian trail along the lake. These will be an asset to the City. Currently there is no way for the public to enjoy these areas. 8. Sherri Buss, Bonestroo, Rosene, Anderlik & Assoc., reported the AUAR study included open space and all environmental impacts. The report was developed with the assistance of a 30 person technical committee, including the DNR. She stated there was not enough money for the City to purchase the property, so it was recommended the city enforce the existing ordinances. 9. David Green, 204 Crestwood Terrace, compared this development with the Interlachen Hills development. He stated the Interlachen Hills development agreement stated there would be no significant destruction of trees; however, only nine remain. He asked Council if the ordinances have been improved since that time. He asked for stronger ordinances and enforcement of those ordinances. 10. Corey Mohan, 1112 S. 2nd St., stated the open space committee report contradicted the report of Sherry Buss. He repeated his earlier comment regarding the people of Stillwater giving strong support to maintaining the open space. He asked council look at bonding options or other options for purchasing the woodland. 11. Nancy Purcell, 2001 Hazel Ct, was impressed by all the work of citizen groups in the City, citing the 1993- . 94 Ward Network. She believed laws were intact when annexation took place to protect against development. She felt it ludicrous the City Council used environmental concerns of the City as justification to Washington County for the need of the Manning A venue extension. She asked the City honor the concerns of environment and preserve the oak forest and potential concerns of urban development. 12. John Whitcomb, 16141 N. 6th St., Lakeland, supported the development. He thanked Council and staff for developing good ordinances. The developers will work with these. He stated the cost of each new restriction, coupled with the limited land in Stillwater, will raise costs to the point it will unreasonably restrict the ability of any but those of high income to live in Stillwater. Let good development take place that is reasonably affordable. 13. Ed Otis, 12070 87th St. Circle, felt the City was not meeting the expectations of township residents that the area would be developed with the least impact on residents and the ecosystem. He felt the rural transition area was missing in many aspects. He had believed the City would be buying the park and greenways areas. 14. Dean Hanson, 402 S. 6th Street, stated he does insect surveys. He stated the intact forest is necessary for the current ecosystem. Replacing trees won't replace what is lost. 15. John McCarthy, 2913 Marine Circle, requested Interlachen not be improved as a through street. He was concerned with the possible increased traffic through Croixwood. .. Hod Irvine, 12525 72nd Street SW, stated he did not receive notice of this hearing. He asked if there were any changes in the development agreement and comprehensive plan. Mayor Kimble stated there have been no changes. The zoning was being changed to allow further restrictions than are allowed in other zones. 9 City Council Meeting No. 98-3 February 3; 1998 17. Joe Lux, Washington County, discussed the Co, Rd. 12 access. At this point, Washington County has not approved the access plan. The County Board will be scheduling a workshop. 18. Mar~ Putnum, Charles Cudd Company, stated the conditions of approval incorporate the Washington coul reqUirement. Mayor closed the public hearing at 11 :05 p.m. Recessed at 11 :05 Reconvened at 11:12 p.m. Community Development Director Russell clarified that the suggestions for modifications to the cottage and traditional zone districts presented were part of the action regarding zone regulations. (6 foot garage setback rather than 20 foot setback) Council concurred. Mr. Herbst requested reconsideration of the lake shore setback and frontage requirements, 98-1, All of his plans have been made to be in compliance with DNR requirements of a 75 foot setback. The City requirement would be 85. Mr. Russell stated the DNR required setback based on our shoreland regulations are 75 feet, but all of this project and the other projects are in excess of 85 feet. Mr. Herbst responded this would require a couple of easements. Mr. Russell stated a setback of 75 feet is required by the city for a recreational lake; the City will have easement and deed restrictions on the walkway and will be regulating land area between structure and shoreland. As a compromise, he suggested the setback be 85 feet, and through PUD approval, a maximum of Ih may be as close as 75 feet. Councilmembers Cummings and Thole amended their motion to include the compromise position. . Councilmember Zoller disagreed that a compromise should be made. The Planning Commission recommended 85 feet in compromise with the public wanting the setbacks to be greater than 85 feet. The developer was asked if the City could have the option to purchase the wooded area. Homer Tompkins, CPDC, stated they would expect full value, including the enhancement value to neighborhood properties. Motion by Councilmember Cummings, seconded by Councilmember Thole to have first reading of ordinance approving zoning ordinance and map amendments ZAT 98-1, 98-2, 98-3, 98-4, and ZAM 98-1,98-2,98-3,98- 4, and 98-5. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 98-38 approving PUD/97-67 and preliminary plat approval for SUB/97-68, Legends of Stillwater; and PUD/97-70 and preliminary plat approval for SUB/97-71, Liberty on Long Lake. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble, Nays: None. Mayor Kimble requested City Attorney Magnuson explain what the City is legally allowed to extract from a developer. Mr. Magnuson stated the City allowed by State law to extract reasonable amounts for parks, . 10 City. Council Meeting No. 98-3 February 3, 1998 easements, etc, but no more than 10%. If the city wants more than 10% of the development, it must pay for it. Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to examine the .sSibility of purchase of Echo Green and Gadient properties and further directing staff to make application for the National and Scenic Areas Grants Program, administered by the DNR and investigate other funding possibilities. All in favor. UNFINISHED BUSINESS 1. Update on Downtown Condominium Project. John Roettger, Croix Builders, Inc., provided Council with an update on the construction of the parking garage and condominium project on South 2nd Street. He provide information on soil testing and construction testing. He estimated construction time for the garage of 6 - 7 months. The start date will be determined by when the site items are resolved. NEW BUSINESS 1. Request for Feasibility Study on Storm Water Problem at 216 W, Wilkins. City Engineer Eckles reported a request had been received from Marcia McMichael Kilbourne for the City to complete a feasibility study of the flooding problem she describes as occurring on her property in extreme storm events. A storm sewer is located in the backyards, but apparently is unable to handle the volumes that occur. She is planning improvements to the home's lower level. Staff has also suggested modifications to the home design which could result in reduced exposure to flooding. ....otion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-39 ordering ~e preparation of a feasibility report for storm water improvements to serve 216 W. Wilkins. All in favor. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. STAFF REPORTS (continued) City Coordinator Kriesel presented a letter from the St. Croix Valley Sports Facility Commission requesting Council appoint the following new members: Glenda Nordquist (figure skating), Sue Thruler (hockey moms), Susan Engelking, (at large), Bill Hamilton,(SAHS hockey boosters), Gary Funke (at large), Kevin Horst (soccer club) and reappointing Rich Cummings, Mike PoleOOa, and Dick Olsen. Motion by Councilmember Thole, seconded by Councilmember Zoller appointing the following members to the St. Croix Valley Sports Facility Commission: Glenda, Sue Thruler, Susan Engelking, Bill Hamilton, Gary Funke, Kevin Horst and reappointing Rich Cummings, Mike PoleOOa, and Dick Olsen. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 12:08 p.m. . 11 City Council Meeting No. 98-3 3, 1998 FebruaEY , < Mayor .' Attest: City Clerk Resolution 98-30: Directing Payment of Bills. Resolution 98-31: Approving Memorandum of Continuance for Goodwill Attended Donation Center. Resolution 98-32: Approving Employment of Larry Dauffenbach as Police Captain Resolution 98-33: Approving Temporary Employment of Chris Diethert as Warming House Attendant. Resolution 98-34: Accepting full settlement for damages associated with fIre hydrant damage. Resolution 98-35: Encouraging the Minnesota Legislature to appropriate money for restoration and preservation of Brown's Creek in Washington County, appropriate money to the Brown's Creek watershed district for flood control measures, and authorize the sale of state bonds. Resolution 98-36: Approving agreement for recruitment services for Police Chief with Brimeyer Group, Inc. Resolution 98-37: Ordering improvement and preparation of plans and specifications for 1998 Street Improvements for South 151 Street and surrounding areas, Project 9802. Resolution 98-38: Approving PUD/97-67 and preliminary plat approval for SOO/97-68, Legends of Stillwater; and PUD/97-70 and preliminary plat approval for SUB/97-71, Liberty on Long Lake. Resolution 98-39: Ordering the preparation of a feasibility report for storm water improvements to . serve 216 W. Wilkins. Resolution 98-40: Approving purchase of two marked squad cars from Superior Ford (state contract) . 12 ,1 . '> CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-4 February 10, 1998 SPECIAL MEETING 5:30 P.M. . The meeting was called to order by Mayor Kimble at 5:30 p.m. . . Present: Councilmembers Bealka, Zoller, Cummings, Thole and Mayor Kimble Also present: City Coordinator Kriesel Administrative Assistant Cordes FIRE CHIEF CANDIDATE INTERVIEWS The Council convened to interview the applicants for the Fire Chief position. The following candidates were interviewed: Mr. Robert Barthol Mr. John Buckley Mr. Kim Kallestad Mr. Thomas Linhoff Mr. Steve Luken Mr. Kevin McGinty Council directed the City Coordinator and Administrative Assistant to prepare report and recommendation for the March 3, 1998 meeting. Motion was made by Councilmember Bealka, seconded by Councilmember Thole to adjourn the meeting at 10:20 p.m. All in favor. Jay Kimble, Mayor Morli Weldon, City Clerk r City ob g tiQQwaten, J;l hHWgota Centibicate ob cAppneciatiohl ptrege&1ted to TIM BELL WHEREAS, TIM BELL, CAPTAIN OF THE STILL WATER POLICE DEPARTMENT, IS RETIRING FROM CITY EMPLOYMENT, EFFECTIVE MARCH 1, 1998. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CITY OF STILLWATER, TIM BELL BE, AND HE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID TIM BELL HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR OVER THIRTY ONE YEARS. THE COUNCIL REGRETS THAT HE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HIM, ITS APPRECIATION FOR HIS DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK BE, AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COPY THEREOF TO THE SAID TIM BELL. ADOPTED BY THE CITY COUNCIL THIS 17TH DAY OF FEBRUARY, 1998. uUayolt << LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-41 Accountemps Ace Hardware .11 Phase Company Amoco Sprint Ancom Communications Assn. of Training Officers A.T.O.M. Avalon Homes Bell, Tim Blue Cross/Blue Shield Bonestroo, Rosene, Anderlik Brake and Equipment Century College City of Stillwater Chamber Classic Homes Cordes, Marcy Courier News Cy's Uniforms Database Technologies Dorsey & Whitney Ecolab Fina Fleet Fueling Firstar Bank Fitzgerald, Sue .ive Star Contracting Folz, Freeman, Dupay Fuel Oil Service Gazette G&K Services Glass Service Global Center Grafix Shoppe Greeder Electric Hawkins, Vera Ikon Office Solutions Imagineering I.C.B.O. Jansen's Cleaning Johnson, Kari Johnson, Paul Laber Relations Associates League of MN Cities M/ A Associates Magnuson, David McAffee MCI eAetropolitan Council Miller Excavating Temporary Services Switch Tank Removal Gas/Diesel Radios/Chargers Membership Class Registration Refund Grading Deposit M icrorecorders Premium AUAR Brake Pads Training Sponsorship Refund Grading Deposit Meals/Software Council Proceedings Shirts Background Checks Legal Services Pest Removal Gas Safe Deposit Box Books/Parking Salt Professional Services Oil for Garage Publications Uniforms/Rugs/Mops Glass Repair Internet Access Signs Repairs Water Damage Claim Maintenance Network Consulting Membership Maintenance Refund Grading Deposit Refund Overpayment Consultant Services Directories/Su bscription Wall Mount Unit Legal Services Virus Protection Long Distance Sewer Service Hauling 666.75 13.58 960.00 5,660.84 2,986.60 25.00 400.00 1,500.00 95.75 575.50 28,379.74 114.85 833.33 1,000.00 1,500.00 76.64 115.00 74.90 16.12 4,500.00 219.36 343.85 38.00 57.10 2,066.73 2,287.00 291.26 311.49 1,951.31 60.00 104.82 77.21 1,743.00 180.00 4,093.54 525.70 195.00 1,088.00 121 .48 244.50 1,517.00 193.10 160.10 9,187.08 1,297.17 206.08 104,133.66 632.69 >> M II Life Premiums 1,924.06 Minn Comm Pagers 51.56 MN Department of Public Safety Class Registration 120.00 Municilite Spotlight/Brake Lights 141.65 Nelson, Keith Aluminum 112.78 New Urban News Subscription 59.00 . Northwestern Tire & Battery Tire Repairs 275.47 O'Brien, Mike Refund Credit Balance 552.22 On-Site Sanitation Unit Rental 16.28 Parker, Scott Repairs 62.50 Polfus Implement Snow Blower 148.24 Polk Directories 267.32 Price, Monica Used Typewriter 100.00 Public Safety Equipment Co. Seats 6,090.00 Quantum Digital Imaging Copies/Blue Prints 28.80 RDO Equipment Gasket for Grader 8.37 Reed Bechtold Truck Rental 1,248.00 Roto-Rooter Clear Sewer Line 72.00 St. Croix Car Wash Wash Squad Cars 22.45 St. Joseph's Equipment Motor/Resister 158.57 St. Croix Office Supplies Office Supplies 466.12 Schwantes Exhaust Repair 60.00 Short Elliott Hendrickson Consulting Engineer 3,422.86 SelectAccou nt Participant Fees 167.40 Shiely Sand Sand 1,505.39 Shim, Robin Refund Credit Balance 390.27 Snyders Batteries 10.74 Stillwater Towing Towing 319.50 . Thompson Hardware Hardware Supplies 141 .46 UBC Supplies 408.92 Ultimate Data Laptop/Network Upgrade 3,287.83 U. S. Postal Service Presort Fee 85.00 Valley Agencies Premium 116.10 Van Paper Co. Paper Towels/Cups 203.42 Vicom Inc. Phone Repair 198.50 Viking Office Products Fax Machine 853.89 Volt Temporary Services 973.02 Walmart Oil/Soap/Seat Covers 62.69 Ward, Diane Software 88.95 Wardell, Leslie D.A.R.E. Supplies 105.60 Washington Co. Treasurer Copy Paper 138.98 Watson, Dennis Computer Programming 1,005.00 Weldon, Morli Registration Fees 820.64 Wybrite Maintenance 527.04 ADDENDUM ABM Freight 168.50 Action Rental Pump Rental 41.54 Airtouch Cellular Cellular Phones 191.90 AT&T Lease/Phones/Long Distance 122.07 . Bonestroo, Rosene, Anderlik Professional Services 3,896.78 " \ Catco Parts Delmar Publishers Gannons Auto Body Gopher State One-Call G.F.O.A. .appel, Jerry Kriesel, Nile Lennartson,Lee Lind, Gladys McCollister & Co. Minncor NSP Pryor Resources Service Environmental U.S. West Valley Trophy Cable Publication Repair Squad January Calls Publication Professional Services Meals/Mileage/Coffee Refund Variance Request Property Purchase Oil for Shop Furniture Street Lights Seminar Tank Removal Phones/Long Distance Plaque Total Due: Approved by the City Council this 17th Day of February, 1998 APPROVED FOR PAYMENT . . 13.31 44.95 3,286.05 59.50 22.00 855.00 138.00 70.00 927.00 547.70 2,661.11 11,564.71 89.00 1,842.00 486.03 93.14 236,759.71 MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Sewer line blockage DA: February 13, 1998 Discussion: Accompanying this memo is an invoice in the amount of $72.00 from Roto Rooter for clearing a sewer line at 615 Pine Tree Trail on January 19, 1998. According to public works personnel, the city's main sewer line was blocked and not the private line. The property owner is asking the city to pay the bill for the service. I concur and have added this payment to the list of bills for your review and approval. Recommendation: Pay bill for clearing sewer line at 615 Pine Tree Trail. ' . . . AI vU-{ ~--- -----------.---~-~----.----______ __......___ __ -_-.0.-.._--- __.________ SAVE THIS INVOICE FOR YOUR GUARANTEE ROTO- SEE BINDING TERMS ON REVERSE (,;OOTER ~ ROTo-ROOI~~:':~S COMPANY p.o. BOX 86 . " MlNNEAPQUs. MN 55486-0750 . ~~~ L~ DIVISION~. I ~ ~~ 100.m I S~LIAN'S:AME . . '. .-:':~ I !2:~.:!(~P;;;:'1:~--~. I SEWER&DRAlN~ - PLUMBING 0 . -= HVAC 0 INDUSTFllAt. n . I.P 0 . STP 0 I CUSTOMER NO. . I CU~OMER ClASS . - . - ~~S~'MEDIA o DIRECT SALES APT. NUMBER I FEDERAL 1.0. # - 42-0499300 ~/POSTAL I CUSTOMER TELEPHONE NUMBER I PO NUMBER/AUTHORIZATION fSJ-O g-.< ",,0RJ<: (l~[lER AUTHORIZATION YOUR DEPENDABLE PLUMBER! I CUSTOMER NAME .. b, / J /:r;., rf /--,.e r hiI' I JOB ADDRESS //- .0- - r.-- 6J ),/1/ l,crr' I~_ I CITY STATE/PROVINCE /7 . , I I /1-1' ,)1-; ..f:,../..-;..I (E\.. r I, -t " I ESTIMATE --I ,- My estimate for performing this work is: .--C- $ r;J- I authonze Roto-Rooter to perform the descnbed services and I agree to pay the amounts Indicated. I understaD.d.. that Roto-Rooter is not responsible for broken, settled, rusted, detenorated, or lead pipes, fixtures, or clean outs and any damage resulting from C'yep,ng suc ,~es ..;;--:/ (PRINT NAMF1, - (SIGNATURE) -~.----- COMPLETION .lfcK~~f the belo ~escri work which has been donebc;:mPI~SalJsraCb~n. (SIGNATURE) .f "-....,/ A7 _' I 0 MAINLINE . /-"C' ./ I 0 ,KITCHEN SINK ';-' - I i:Lr FLOOR DRAIN ! { 'J.(},O A I 0 BATHROOM SINK! TUB/SHOWER I 0 TOILET BOWL I 0 LAUNDRY LINE I 0 OTHER I I I I I . I i 7 J z::.... I ..- I I . I . , ~ I . , I INVOICE TOTAL I I . J LABOR $_' - @~@= PARTS $ OTHER $ TAX $ ?~ ~..... " \- Il. U/,..........\ I TIME DISPATCHED .:l ; / r l TIME ARRIVED ). ',: '1j I RESIDENTIAL GUARANTEE COMMERCIAL GUARANTEE I DRAIN CLgfA NG DRAIN CLEANING D Main Une 6 mas D All Lines D 30 days 0 ,CASH - D Other Ltney 3 mos. D Todet Bowl D 24 hrs r/r D TOilet Bowl- D 24 hrs. D Jetting D 30 days ~ ' CHECK/CHEQUES NO. D Other D D Other D 0 CREDIT CARD PLUMBING PLUMBING D 90 days D Repair D 90 days 0 NET 30 DAYS D 1 year D Replace D 1 year OVER 30 DAYS = LATE CHARGE OF 11/2% PER MONTH D D Other D . In the event check/cheques is returned, the COMPANY willj charge the CUSTOMER A $25.00 processing fee. /-T1MeOONE '-I t' Lf () PAYMENT vi ~-r- tJf....).> * D Repair D Replace D Other TOTAL $ '7 1. c..c r Explain ~ PLEASE PAY FROM THIS 1NVOICE - 1~.(Ii=!:.I.I:a:h':''''.J''~'~''~~IL.N'~'''~\I{I{.lll~llI'':J:(.ltl:'~'I'JI Toilet Tanked? When plumbing breaks, remember Roto-Rooter does fast, dependable, guaranteed plumbing. For any installation, repair or service, give us a call. PLEASE COMPLETE AND RETURN THE ATTACHED SURVEY. YOUR OPINION IS '. We do plumbing 11070- . ~l!~!~!!' IMPORTANT TO US. LG220 Rev06/95 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Reed . Organization Information I \~rganization Name . ,---- ",--,..__. w. eU-'l;Y t}Jtj iJ~~(A fl),l,(!p./iiu,) fl,e/1Q-'1'rL/ I Street' Q .. ~' ..- City fj If). 3 J.. ,~-!1- ,411! pi , J;/iPRJ.(.Iot1Z-t ~ame of Chief Executive Officer of organization (CEO) ~rst Name j Last Name P.l11viJ~ - jJ~~?..I I Name bf Organization Treasurer v - First Name Last Name ~~ ,~t."wtJL , ,IT , Type' of N~np~ot~t Orga;ization '!~" 1 ~ ~ ...~' "~", I ~~.. , ~..;' .. .. .. :," ::, ,'" ~ .. Previous lawful gambling exemption number State Zip Code WJl. . County 7SO fJ. CtfJ.dJ.~~~ Daytime Phone number of CEO (/ (G/JJ If 39 - W-OO Daytime Phone Number of Treasurer (6/,;.) Lf 39 ---Iflj-()o ~, ~ I ,~ 'I.... I Check the box below which best describes your organization D Fraternal D Veterans ~ Religious D Other nonprofit Check the box that indicates the type of proof attached to this application by your organization: 31RS Jetter indicating income tax exempt status Gertificate of good standing from the Minnesota Secretary of State's office DA charter showing you're an affiliate of a parent nonprofit organization Droof previously submitted and on file with the Gambling Control Board " , , Gambling Prifiriises In"forina'tion ," , .. , : " II',,~ "-, ... :.. .. " .. '7-"~ .;1.., -:.~.. :' .. " .. T" .. '... Name of Establishment where gambling activity will be conducted M. 717aJu~ fJctU&\, ('P/~ Street . (j - -, -, City f~3(lfo7)J. ,r;ilJj. ltPbh:u Date(s) of activity tfor'raffles, indicate the ......date of the'dr~w-ing) 711c~A.{:A.. _ ~ / .f /99 ~ Check the ~xor b~xe~ whi~h- indjcai'~-.tAe t~p~ of gambling activity your organization will be conducting D Bingo ~Raffles D Paddlewheels D Pull-tabs D Tipboards State Zip Code County kl1t - I SS-O!~ Lt)a. sure the Local Unit of Government and the CEO of your organization sign e reverse side of this application. For Board Use onlY:j Date & Initials of Specialist ~/ L Local Unit of Government Jurisdiction Is this gambling premises located within city limits? DYes D No If Yes, write the name of the City: City Name . If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: Organized unorganized Dnincorporated I.L,ocal Unit ,Pf Governm.en~ Acknowledgment 1. The city must sign this application if the gambling premises is within city limits. 2, The county and township must sign this applica- tion if the gambling premises is not within city limits. 3. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of government. 4. NOTE: A TO\\TIship may not deny an application. Upon submission of this application to the Gambling Control Board. the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of pe~son receiving application Signature of person acknowledging application I YlMi -= 0_ I ,4QL~ Date ~ceived: ~ ;'71 I tJ Q Title of person receivfng ~pli~ation I ~~~I/ ,- :Oaih ~f ChTef h~6~iit~ 6'ffite~'" I have read this application an all information is true, accurate and complete. /' M) fl. plJte~/(91t J I Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. . Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 Date Signed: TItle of person ac~owledgrng application . , . l.. ~, . 1 This publication will be made available in altemative format O.e, large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area, The information requested on this form will be used by the Gambling Control Board (GCB) to determine your . compliance with Minnesota Statues and rules goveming lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite 1 DOL St. Paul, MN 55101-2156 (612)296-6439 IDD (612)282-6555 ~ APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE (Organization or location limited to 3 permits in a 12 month period) D~TE ORG~D NUMBER Vr'lVl' 11 CJs.- 7077- qIY, I L ^ ST1\TE ZIP cODE 0,/-' / vtJt1rt ( IMI S-S 0 i Q- BUSINESS PHONE I HOME PHONE ( - 070 2- () l-j-6n ~?O ~I TYPE OF ORGANIZA nON n CLUB 0 CHARITABLE 0 RELIGIOUS~OTHERNONPROFIT ADDRESS f 3 d (),' B i1?tt i l.1 n../'/\ DRESS' J_ UK N .Nl!lt.'l n. $tl41ti}er, /v1N ADDRESS . (1- ]~ S, fVla~ 5:"1 -.)<fl /Iw4f6v1 MrV 1M ( II) V '7Ntv:J fh si7lr, c (nL'f-l'k nJ5 (", Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service. ~-- Will the applicant cany liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory) ---er- APPROVAL APPLICATION MUST BE APPROVED BY CTIY OR COUN1Y BEFORE SUBMmING TO LIQUOR CONTROL CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR TE: Do not separate these two parts, send both parts to tbe address above and the original signed by this division will be returned as the license. Submit to the City or County at least 30 days before the event. PS-09079(8/95) . . . RESOLUTION NO. 98-42 APPROVING 1998 MEMORANDUM OF AGREEMENT FOR DROP OFF CENTER RECYCLING GRANT DISTRIBUTION NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Memorandum of Agreement for Drop Off Center Recycling Grant Distribution between Washington County and the City of Stillwater for distribution of recycling grant funds, attached as "Exhibit A", is hereby approved. Adopted by Council this 17th day of February, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk ~. 9g-~ WASHINGTON COUNTY DEPARTMENT OF HEALTH, ENVIRONMENT AND LAND MANAGEMENT GOVERNMENT CENTER 14900 61ST STREET NORTH. PO. BOX 3803 . STILLWATER. MN 55082-3803 Office (612) 430-6655 . TOO (612) 439-3220 . Facsimile Machine (612) 430-6730 Mary L McGlothlin Director Rose Green Office Manager . January 27, 1998 Marcy Cordes City of Stillwater 216 Fourth St N Stillwater, MN 55082 Dear Marcy: Enclosed is the 1998 Memorandum of Agreement for Drop Off Center Recycling Grant Distribution. Please review, sign and return the Agreement by February 27, 1998. In addition, please send a current certificate of insurance indicating your General Liability Insurance limits and a current copy of the agreement with your drop off recycling contractor. A copy of the executed Agreement will be returned to you for your . records. Please give me a call at 430-6680 if you have any questions. Sincerely, ,.,:.~--::.~':c.. ':' ---.<". ~ ~ A. ~.,-l;'~~YJ::" ~, ~ Wf)~ Thomas A. Hauge~' ..".~ <:'f}f~ Environmental Health' Specialist Enclosure Printed on Recycled Paper 15% Post Consumer Waste AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER ", . . . 1998 MEMORANDUM OF AGREEMENT FOR DROP OFF CENTER RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and support residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted money for 1998 to be used to further develop recycling service in the County. WHEREAS, the Grantee, the City of Bayport, and the City of Oak Park Heights wish to conduct a joint drop-off recycling program with the Grantee coordinating the program. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 1998. 2. The County's obligation: a. The County will pay the Grantee an amount equal to fifty cents per household which shall equal $2,899.00 as determined using the Metropolitan Council's 1996 Population Estimates. b. The County will pay the Grantee an amount equal to $397.00 which is the recycling grant allocation for the City of Bayport and $748.00 which is the recycling grant allocation for the City of Oak Park Heights based on the Metropolitan Council's 1996 Population Estimates. All grant funds received will be used to provide recycling services and public education as identified in Section 3.b of this Agreement. 002 -1- c. Indemnify and hold the Grantee harmless from any claims, suits, or damages arising out of any act or omission of the County, its officers, employees, or agents in the performance of the services provided for by this Agreement. . 3. The Grantee's obligation: a. The Grantee will sign a contract with a recycling contractor which specifies the responsibilities of each party and the rate of payment for drop-off services as provided by the contractor. If the total amount of funds are not used for drop-off services, they may be used for curbside recycling services. b. The Grantee will use all recycling grant money received in 1998, as a result of this Agreement, for recycling services and public education related to recycling. If all recycling funds are not used within the grant period, the Grantee must submit a plan to the County by December 15, 1998, which indicates how the funds will be used the following year. c. The Grantee will prepare and submit semiannual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 31, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semiannual reports will be made on a form provided by the County. . 4. Indemnification and Insurance: a, The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages and expenses which the County, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the Grantee's performance or failure to adequately perform its obligations pursuant to this Agreement. b. The Grantee further agrees that in order to protect itself as well as the County under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force. 1. General liability insurance in the amounts of $300,000.00 for bodily injury or property damage to anyone person and $750,000.00 for total injuries or damages arising from anyone incident as required by the County. -2- . . . . 2. Any policy obtained and maintained under this clause shall provide that it shall not be canceled, materially changed, or not renewed without thirty (30) days prior notice thereof to the County. A Certificate of Insurance evidencing this coverage must be provided to the County before this Agreement is effective. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Records A vailabilitv and Retention: Pursuant to Minnesota Statute 16B.06, Subd. 4, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. 7. Indenendent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. -3- 8. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: . No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 9. Non~om!lJ.ian~e by Grantee: If the County finds that there has been a failure to comply with the provisions ofthis Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the Department's legal remedies to recover grant funds. 10. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. . Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Health, Environment & Land Management, 14900 61st St N, PO Box 3803, Stillwater, MN 55082-3803. 11. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties, -4- . . . . IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE WASHINGTON COUNTY BY BY TITLE DATE DATE FEDERAL ID # -5- Mary McGlothlin, Director Department of Health, Environment & Land Management RESOLUTION 98- APPROVING MUNICIPAL LICENSES FOR SIDEWALK USE FOR MARLENE'S DELI, STILLWATER GRILL, AND SAVORIES WHEREAS, a request has been received from Marlene's Deli, Stillwater Grill and Savories Restaurants for a license to use the sidewalk in front of their establishments to serve food; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby approves the issuance of a Municipal License for Sidewalk Use to Marlene's Deli, Stillwater Grill and Savories, Adopted by Council this 17th day of February, 1998. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk . . e '- ~ lYIUNI CIP AL LI CENSE . The City of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a license to Marlene's Deli on the following terms and conditions 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of business at 224 E. Chesnut St. (Sidewalk). 2. Marlene's Deli and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic, The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside if high winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken . inside at closing, 5. This license is granted on an "at will" basis with no assurances ofrenewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7, This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 31, 1998, 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and noll 00 dollars ($600.000.00) of combined limits and must name the City as an additional insured on the polIcy "as its interest might appear" and must pro\'ide the City \\Ith a Certificate of Insurance evidencing such coverage. . I _ 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property and the exercise of its rights under this license. . 11, This license is effective when accepted by Marlene's Deli and evidence of insurance required by 97 is presented to the City. Approved by the City Council of the City of Stillwater this ,1998. day of CITY OF STILL WATER Jay 1. Kimble, Mayor ATTEST: Morli Weldon, Clerk ACCEPTANCE . The terms of this license are accepted by the undersigned this _ day of ,1998, MARLENE'S DELI By Its 2 . . . . MUNICIPAL LICENSE The CIty of Stillwater, a Home Rule City of the Third Class ("City") hereby grants a license to the Stillwater Grill on the following terms and condItions. Sidewalk in front of business at 131 S. Main St. I. The sidewalk that is subject to this license is an area described as follows' (Sidewalk). 2. The Stillwater Grill and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the ov-mer's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside ifhigh winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing, 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed, to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate. if not sooner by presumptive public use, on December 3 I, 1998. 8. In view of the uncertain tenn of the license and the limited rights granted, no license fee \,,'ill be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least SIX hundred thousand and nolI 00 dollars ($600,000.00) of combined lrmits and must name the City as an addItioml insured on the policy "as its interest might appear" and must pro\' ide the CIty WI th a Certificate of Insurance evidencing such coverage 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or injuries that might arise or grow out of its use of the property . and the exercise of its rights under this license. 11, This license is effective when accepted by the Stillwater Grill and evidence of insurance required by 97 is presented to the City. Approved by the City Council of the City of Stillwater this , 1998. day of CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk ACCEPTANCE . The terms of this license are accepted by the undersigned this _ day of ,1998. THE STILL WATER GRILL By Its 2 . . . . MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ("CIty") hereby grants a lIcense to Savories on the followina terms and conditions: I:> 1. The sidewalk that is subject to this license is an area described as follows: Sidewalk in front of business at 108 N. Main St. (SIdewalk). 2. Savories and its invitees are granted a non-exclusive right to use the Sidewalk including the right to place tables and chairs on the area of the sidewalk immediately adjacent to the owner's property. 3. The rights granted are non-exclusive and are subject to the superior right of the City who may, at any time, preempt any rights granted by this license for any public purpose. 4. The sidewalk must be used in a manner that will not, in the opinion of the police chief, block or impede pedestrian traffic. The area must be kept free of trash or garbage and regularly swept. Any equipment must be movable and taken inside ifhigh winds or other bad weather threaten to blow the property about. The City reserves the right to require the property be taken inside at closing. 5. This license is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the sidewalk hereunder. 6. The City reserves the right to impose additional conditions on this license, if needed. to protect the health, safety and welfare of the City. 7. This license will be in effect for the 1998 tourist season and will terminate, if not sooner by presumptive public use, on December 3l, 1998. 8. In view of the uncertain term of the license and the limited rights granted, no license fee will be charged for the year 1998. 9. That the licensee must insure the property in an amount of at least six hundred thousand and noll 00 dollars ($600,000 00) of combined limits and must name the City as an additional insured on the policy "as its interest might appear" and must provide the CIty WIth a CertIficate of Insurance evidencing such co\'erage 10. The licensee also agrees to indemnify and hold the City of Stillwater harmless from any claims, cause of action, suits or. injuries that might arise or grow out of its use of the property and the exercise of its rights under this license, . 11. This license is effective when accepted by Savories and evidence of insurance required by 97 is presented to the City, Approved by the City Council of the City of Stillwater this , 1998. day of CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk ACCEPTANCE . The terms of this license are accepted by the undersigned this _ day of .,1998. SA VORIES By Its 2 . . February 11, 1998 Nile L. Kriesel Stillwater City Coordinator 216 N, 4th Street Stillwater, MN 55082 Dear Mr. Kriesel: Please be advised that I have decided to retire from my position as Asst. Public Works Director, effective March 1, 1998, My last day of work will be Friday, February.27, 1998, Sincerely, . ~v'IP~ George V. Diethert . . . .\ " , '" ~ < Memorandum. To: Mayor and Council From: Modi Weldon, City Clerk Date: 02/13/98 Re: Report on Gary Starns complaint At the February 3 meeting, Council directed staffto investigate Mr. Starns' complaints regarding the Valley Co-op and return with a report at the February 17 meeting. The Valley Co-op will be meeting the evening of February 17 and will be discussing the complaint and resolution of the issue. Staff will present further information to Council at the March 3 meeting. s~ ^" ~, -/;', ~A 1 . . . 1 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders. Civil Engineer DATE: February 12, 1998 RE: Public Hearing for Curve Crest Boulevard Street Rehabilitation and Sidewalk Con~truction '7'), Project No. 9803 DISCUSSION The Public Hearing for Curve Crest Boulevard Street Rehabilitation and Sidewalk Construction is scheduled for February 17. I have attached a copy of the feasibility report, the Public Hearing Notice, and the letter sent to the affected properties that accompanied the notice. The feasibility report presented the cost for rehabilitation of Curve Crest Boulevard and for the installation a six- foot concrete sidewalk on the north side of the street. As a follow up to the January 20th meeting, staff was asked by Council to look into the cost for a bituminous trail along the same route, A bituminous trail would be constructed in the same location as the sidewalk, be eight feet wide and located seven feet from the edge of Curve Crest. This option would also require easements from affected properties. Properties would be assessed 50% of the project with State Aid funding the remaining portion. The table below compares the two costs, including easement costs, for the concrete sidewalk and bituminous trail option: Segment Greeley to W. Orleans Greeley to Washington Sidewalkl Assessme-ntl- Bituminous trail I Assessment I Construction (per LF) construction (per LF) $173,000 $320,413 $61.96 $46.73 $l60,388 $288,665 $57.44 $42.10 The benefit of a sidewalk option would be a longer service life with minimal maintenance, while a bituminous trail would be easier to match existing terrain. Past city policy has been to have the property owner maintain a concrete sidewalk, while the City is responsible for the maintenance of a bituminous trail. To date, we have received one phone call from Schoonover Bodyworks concerning the proposed assessment costs, They plan on attending the meeting on Tuesday night. This past Wednesday, Steve Russell and I met with representatives offive properties in the Industrial Park to gather their input concerning plans for a walkway along Curve Crest. Although there didn't appear to be any opposition to a walkway. some comments and issues were brought up and are listed below: o The walkway as proposed would dead end at Washington Avenue, why not explore extending the walkway to Market Drive at the same time? o Why not get more involvement in the project from the affected properties? o Who will be responsIble for maintallling the trail once constructed? o If this walkway is for community use, why are properties on the north side only assessed? o Does the city need to have the area studied for the need of a walkway along Curve Crest Boulevard? As you can see many issues were brought up pertaining to the construction of the trail or sidewalk along Curve Crest. If the city were to proceed with the project as planned by combining this project with the First Street Reconstruction Project, easements for the trail or sidewalk probably will not be obtained in time prior to the start of construction which would be required in order to receive State Aid Funding. A more likely option would be to combine the street rehabilitation portion of Curve Crest and with the First Street Project and have a separate improvement project for the construction of a sidewalk or trail. This would give staff more time to look into these issues and possibly from a task group with Industrial Park properties for trail system options on Curve Crest Boulevard. It is possible for a trail improvement to be completed this year. RECOMMENDATION Staff recommends that Council hold the required Public Hearing and consider the sidewalk or trail option as a separate improvement from the street rehabilitation portion of the project. Also, council should consider looking into forming a task group with properties along Curve Crest to gather more input for a walkway along Crest Boulevard. If we proceed with the street rehabilitation for Curve Crest Boulevard, the project costs are estimated at $2l9,400 with a lineal foot assessment of$32.47. City council should consider the proposed assessment rates for the street rehabilitation, and if Council desires, pass a resolution directing the engineer to prepare plans and specifications for the street rehabilitation of Curve Crest Boulevard, ACTION REOUIRE)) If Council wishes to proceed with the project they should conduct the public hearing and if Council concurs with the recommendation should pass a motion adopting Resolution No. 98-_, ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS FOR THE CURVE CREST BOULEVARD STREET REHABILITATION (PROJECT 9803) t . . . RESOLUTION NO. 98- . ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS FOR CURVE CREST BOULEVARD STREET REHABILITATION (PROJECT 9803) WHEREAS, a resolution of the City Council adopted on the 20th day of January, fixed a date for a council hearing on the proposed street rehabilitation improvements and fi:igeuralk. CQIl<:tplGtian improvemf'tJ.t~ to Curve Crest Boulevard between Greeley Street and Washington A venue. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given. and the hearing was held thereon on the l7th day of February. 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: l. Such improvement is hereby ordered as proposed in the council resolution adopted the 17th day of February 1998. 2. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. . Adopted by the Council this 17th day of February 1998, Jay Kimble, Mayor Attest: Morli Weldon. City Clerk . MEMORANDUM . TO: Mayor and City Council FROM: Shawn Sanders, Civil Engineer DATE: January l6, 1998 RE: Feasibility Report for Curve Crest Boulevard Street Rehabilitation and Sidewalk Construction Project No. 9803 DISCUSSION Curve Crest Boulevard, from Greeley Street to W ashington Avenue, was built in 1977 as a minor arterial street to serve the Stillwater Industrial Park, The street was constructed has four lanes of travel, separated by a four-foot wide median with left turn lanes. The street was constructed with seven inches of bituminous to handle the large amount of future traffic, In 1990, the street was rated and given a very high rating in the Pavement Management Study and only required routine maintenance, Since the study, Curve Crest Boulevard has seen its average daily traffic increase significantly from 1200 vehicles per day III 1990 to 7500 vehicles per day in 1997. Although, the curb and gutter section remains in relatively good condition, the actual surface area has numerous patched sections and several transverse cracks, creating a rough drive for commuters. Curve Crest Boulevard has not had any type of major repair work since being constructed in the late 1970' s and is in need of a major surface restoration, . At the time Curve Crest Boulevard was constructed, sidewalk installation was not included as part of the project. This may be due to the width of the boulevard after the street \vas constructed. Curve Crest from Washington A venue to Industrial Boulevard has a right-of-way width of 80 feet and a street width of 68 feet. The remaining portion of Curve Crest from Industrial Boulevard to Greeley Street has a right-of-way width of 70 feet \vith a street width of 56 feet, This leaves approximately six to seven feet of boulevard on both sides of the street for private utilities, street lighting and sidewalk construction. The existing sidewalk system for the Industrial Park Area consists of a five-foot concrete sidewalk on the north side ofW. Orleans from Curve Crest Boulevard to County Road 5. This sidewalk links up to the sidewalk on Market Drive that leads into Stillwater Marketplace. A sidewalk also exists on Greeley Street that heads north from Curve Crest all the up to Myrtle Street. . PROPOSED PROJECT AND COSTS STREET RESURFACING . A major surface restoration for Curve Crest Boulevard would involve milling approximately 3" of the bituminous surface and overlaying the street with 3" of a Bituminous Wear Course. Some minor storm sewer work will be done at Schonoover Bodyworks to correct the pooling of water. After the overlay is complete, the street will be striped with epoxy paint. The total cost for an overlay project for Curve Crest Boulevard from Greeley to Washington is estimated at $219,400.00, which includes engineering, administration, and construction. SlDEW ALK CONSTRUCTION For this report, it is proposed that a six-foot concrete sidewalk be installed along Curve Crest Boulevard (this is the required width for commercial areas as stated in the Stillwater Subdivision Code, adopted February 18, 1997) and that the sidewalk be located ten feet behind the curb. This \vould keep the sidewalk accessible in the wintertime when the boulevard area is used for snow storage. The sidewalk would be four inches of concrete on four inches of sand. If a six-foot sidewalk is installed with a ten-foot boulevard, construction would take place on private property, permanent and temporary easements would be required from all affected property owners, . Two options will be discussed for sidewalk construction along Curve Crest Avenue. The t1rst option would have sidewalk constructed from Greeley Street to West Orleans Street, while the second option would have a trail constructed from Greeley Street to \\'ashington Avenue, Both options would have the sidewalk installed on the north side of Curve Crest Boulevard. A. new sidewalk from Greeley to W. Orleans would provide an important link to a sidewalk system in the City of Stillwater. A sidewalk for this segment would connect the southwest area of the city through the industrial park to Lily Lake. This sidewalk would be approximately 1400 feet in length. Construction of the trail would be relatively easy until you reach the west end near W. Orleans Street. The existing slope of the ground along the last 500 feet would make it difficult to construct the trail at grade. A retaining wall with a maximum height of five feet would be required in order to install the sidewalk. The location of the sidewalk may have to be installed closer to the street to minimize the amount of excavation in order to construct the wall. Moving the sidewalk closer to the street may pose a problem for snow storage in the wintertime, Other work included for of this sidewalk installation of pedestrian ramps, tree transplanting, and boulevard restoration, The total cost for sidewalk construction from Greeley to Orleans is estimated at $13l ,000.00, which includes engineering, administration, and construction but does not include any cost for the acquisition of permanent and temporary easements. The second option is to construct a sidewalk from Greeley Street to Washington Avenue, In addition to connecting into the sidewalk system on Orleans, this sidewalk would provide access to the remaining properties on Curve Crest Boulevard. However, if the . City were looking to extend the sidewalk west of Washington Avenue in the future, it would be extremely difficult to construct a sidewalk at Brine's. Reconstruction of Brine' s parking lot and a retaining wall would have to be built in order to construct a sidewalk. This would be a costly project for one section of sidewalk, The segment from W. Orleans to Washington Avenue would be an additional 2400 feet of sidewalk construction to the portion from Greeley to W. Orleans. For the most part construction of this trail would be relatively easy until you reach the west end of Curve Crest near Washington Avenue. A retaining wall of approximately 300 feet will be required, from Washington Avenue to the east, because of the difference in elevation between the curb and the parking lots, Midwest Professional Building has constructed a small detention area for storm water in front of their parking lot that would be in conflict with any sidewalk construction. Snow storage may be become a problem with businesses along the west end of Curve Crest. The north edge of the sidewalk would be located seven feet from the edge of their parking lots and could take away their snow storage area. The cost to install sidewalk from W. Orleans to Washington Avenue would be an additional $87,413 which includes engineering, administration, and construction and does not include any cost for the acquisition of permanent and temporary easements. As noted above, a ten-foot permanent easement will be needed form all property owners on the north side of Curve Crest Boulevard in order to construct the sidewalk. It is estimated that we could pay $3.00 per square feet of land needed in order to maintain a ten-foot boulevard with a six-foot sidewalk. This 'would be an additional $42,000 for the segment between Greeley and W. Orleans and $60,000 for the segment between W. Orleans and Washington Avenue for a total of$102,000 in easement costs. The following table below shows a summary of sidewalk costs for Curve Crest Boulevard: SIDEWALK EASEMENT SEGMENT SEGMENT CONSTRUCTION COSTS COSTS Greeley to W. Orleans $131,000.00 $42,000,00 $173,000.00 W. Orleans to Washington $87,413.00 $60,000.00 $147,413.00 TOTAL $218,413.00 $102,000.00 $320,413.00 Total cost of sidewalk on Curve Crest from Greeley to Washington including easement costs amount to $320,4l3,OO, PROJECT FINANCING, STREET RESURFACING. The total cost to resurface Curve Crest Boulevard amounts to $2l9,400.00, According to the Assessment Policy, all properties within the industrial park shall be assessed lOO% of all costs associated with a partial street reconstruction. Properties would be assessed on the basis of front footage on Curve Crest Boulevard. There is 6758 feet of frontage on Cur\'e Crest Boulevard, which results in a frontal footage assessment of$32.47 per foot. , . . . R1IW R20W R19lV R22W \t2IW R20W \1anlly Map . J 1......" ;~ "-'-~IE T , ~ 0 800 Scale In Feet - Q- I i pf{OPOSED - I ' \ ~ I 1- . L'.L1-2L .......""...............l. ;., :"'f~~ __ r I . 1 I . 0::'" _Sf CIIOIl( BUSNES$ , - i - ,f1-" ---tll r " 1 ' I I I \ I I I I ! ~ I' II ~ I roca_ ~p ~ I' .... ......1k ....or.~ ...~or.....lK'OIdIu*.. r""-::"'W:::-IlIC:-':- =--=:..-t:;-==:--.. s...- WII.......0"..5---' c-. ......(112)430-6175 ...................J.......1I ._ February 4,1998 . Property Owner Subject: PublIc Hearing on Curve Crest Boulevard Street RehabllitatlOn and SIdewalk Improvement - Project 9803 Dear Property Owner: Attached you wIll find a PublIc Heanng Notice offiCIally notIfymg you of the PublIc Hearing scheduled for February 17th for the purpose of dIscussmg possIble street rehabIlItation and sIdewalk construction of Curve Crest Boulevard form Greeley Street to WashIngton Avenue If approved by the CIty CounCIl, thIS project would be desIgned thIs winter and constructed this summer The CIty has completed a FeasIbIlity Report, whIch dIscussed the Improvements, the cost and financmg methods Curve Crest Boulevard was constructed m the late 1970's, to serve as an arterial street for the Industnal Park Smce 1990, daily traffic on Curve Crest Boulevard has increased nearly 400 percent, from 1200 vehIcles per day to 5700 vehIcles per day The increase m traffic, combined with other factors such as weather, and time has caused the road to slowly detenorate and IS m need of a surface rehabIlItation . The scope of the project would mvolve milling the top 3" ofbItummous and installmg new bitummous over the mIlled sectIon After the new bItummous is m place, the street would be stnped With an epoxy pamt. EstImated costs to rehabIlItate Curve Crest Boulevard amount to $219,400 00 Also included as part of this project, the city is lookmg mto the possIbIlIty of constructmg a traIl on the north SIde of Curve Crest Boulevard The CIty has receIved numerous requests for a traIl along Curve Crest Boulevard to serve the Industrial Park, Stillwater Market Place and the future Sports Complex. The traIl would be constructed of concrete and located ten feet from the edge of street In order to construct the traIl at this location, easements would be required from all affected property owners. EstImated cost for a concrete sidewalk would be $320,413, which mcludes the costs for easement acqUlsItIon According to the CIty of Stillwater Assessment PolIcy, benefited properties in the Industrial Park are assessed 100% for the cost of the street rehabIlitation or $3247 per lIneal foot of frontage along Curve Crest Boulevard SIdewalks are assessed at 50% of the project costs or approxImately $46 73 per lmeal foot of frontage for the propertIes on the north side of Curve Crest ThIS amount could decrease dependmg on easement acquisItion costs. . . . . L 1Ino-e.e.. ~ 3 ~ 4 I s 2 ~ Ul200-I!3~ IOlllO-n75 . la2!! 13. 7 6 ~ ""1-1'" ~ , 5 "7.....111::5 lIn.-rsDO w > <I: RLR 20' or 8624 CLG. INSTALL PED RAMP MN/DOT STANDARD PLATE . 7036 PROP. 6' SIDE\lALK \II 10' I:LVD. RLR 20' or B624 CLG. L INSTALL 10'-12' RCP CL.5 @ .02ro PROP. RETAINING 'JALL CB 215A T.C.=938.86 INV.=935.10 BUILD=3.76' RLR 20' or B624 CLG. L INSTALL 10'-12' RCP CL.5 @ ,02ro 7+19 --.- HH B H 207 MH '1 !! , z o I- LJ Z ...... I (I) <I: :3 CB 216A T.C.c938.86 INV.=935.10 BUILD=3.76' - INDUSTRIAL ; PARK ~ .. STILL VATER 9 I Z ~ I ~ '''''1600 Ii ~ lIENOTE: OPTION A - SIDE~ALK FROM ORLEANS TO GREELEY. OPTION B - SIDE~ALK FROM ~ASHINGTON TO GREELEY. 6 I _-f4tO 0 2~ ~ 100 I , SCAU: IN FEET "'Iftl\'" r CONNECT TO EXIST,S' 'JAI.K PROP. 6' SIDE....ALK , .~ W 10' "'V. i 2 ~ m5~ea!5 HH 104 ...... ~ e e 3 2 e "1501:1>> Rr No _ IUR 20' or B624 CLe;. INSTALL PED RAMP MN/DOT STANDARD PLATE ft 7036 PROP. RETAINING \lALL I o ~ ~ I SCAU: IN RLR 20' or B624 CLG. INSTALL PED RAMP HN/DOT STANDARD PLATE N 7036 100 , FEET e 4 .1500.50 .. u ~ :Ill"" I h..by GI,t "I that th. p1gr\ wow prlJPOf'l'd by m. or und.. my .eel .,~ and thot I om a duly RogIol_ Pr._on" Enll_ _ lho I... .f Iho alot. of UMaolo. CURVE CREST REHAB, AND SIDE~ALK CONST. !lATE 1-20-9B I(). BY IlATE ITEH DESIGN CHECKED IlEVISIDNS Da.trl STILL~ATER, MINNESOT A nLE r.o 9803 :J ~ . . . L :! .. & ~ . !i- t N U ~ .... .. i ~ - taXl-ntO "... "..3J PROP, 6' SIDE....ALK ....1 10' BLVD. i ...... ~ 9a:D-Otl 39 to:I:t-E1" ........ 42 4\ ~eH l- V> lKNOTE: MH :5.- >- OPTION A - SIDE\v'ALK FROM ORLEANS W TO GREELEY. -1 W OPTION B SIDE\v'ALK FROM \v'ASHINGTON r w ~ TO GREELEY. l:J EASTBOUND MIll 3' OF :MINOUS j AND OVERLAY. & 'IID~D" RLR ,0' OF B624 CLG. INSTA.L PED RAMP MN/DOT STANIARD PLATE , 7036 loll H i!DD ~ , . ~ NOT TO SCALE NIl 8Y DATE Il(VISIONS ITEN DESIGN CHECKED I IXI"''' I 0 25 50 100 I I SCAl! IN rEET 80' R/V 6' la' IEXIST.I EASEMENT BL VD. REQUIRED 9' 6' I' '-:1:- ~ L CONC. VALK 6' 38' F IF . ~ ' n. 26' F IF .. .4 \v'ESTBOUND CURVE CREST TYPICAL SECTION R~ N'1 STILL VA TER, MINNESOTA I h..tb, elf' thot lh ~on we p"1IIPOr'1d b, m, Of under my cdrect lUP<<'\'Won and '1'101 I 11m Q duly Ro9ol_ ""0-"'01 Engn- ..... Iho I... or 1M .tat. 01 W'lMaoto. Datrl CURVE CREST REHAB, AND SIDEVALK CONST. F'lLE NIl '3803 DATE 1-20-9B . . . SIDEWALK CONSTRUCTION SIdewalk Improvements are based on frontal footage for benefited propertIes and are assessed at 50 % of the of the total sIdewalk costs Smce sIdewalk IS only bemg proposed on one sIde of Curve Crest, the north sIde wIll be assessed as the benefited propertIes Two optIons have been presented for sIdewalk constructIon on Curve Crest Boulevard 1) Greeley to Orleans and 2) Greeley to Washmgton the table below sho\\s the assessment rate per hneal foot for each segment SEGMENT 50% OF PROJECT COSTS ASSESSMENT COSTS (PER FT ) FRONTAL FOOTAGE Greeley to W Orleans Greeley to Washmgton 1396 FT 3428 FT $61 96 $4673 $86,500 00 $160,20700 U smg these assessment rates, sIdewalk assessments could be nearly t\\ Ice the amount of the assessment for the street overlay For an example, the property wIth the most frontage would have a street assessment of $20,229 and a SIdewalk assessment of $38,600 or 529.110 dependmg on WhICh SIdewalk optIOn IS chosen The remammg portIon of the project would be funded through the CIty revenues or through the state Curve Crest Boulevard IS deSIgnated as a MunICIpal State AId Street, and the City IS ehgIble to receIve fundmg for a SIdewalk Improvement CONCLUSION Curve Crest Boulevard was constructed over 20 years ago and has receIved yearly routme mamtenance The street surface IS slowly detenoratmg and IS m need of a major resurfacmg project The cost of the resurfacmg project IS estImated at S219,400 The resurfacmg project IS both financially and techmcally feasIble WIth all costs to be assessed to the property owners on Curve Crest Boulevard SIdewalks are a VItal hnk wIthm a commumty StIllwater Industnal Park and southwest area are hnked With an adequate SIdewalk on W Orleans A SIdewalk extensIOn from W Orleans to Greeley would provIde a hnk from the southwest area to downtown area FeasIbIhty of the SIdewalk constructIOn on Curve Crest Boulevard may depend on the cooperatIOn of the affected property owners who wIll have to gIve the CIty a permanent easement CounCIl should proceed wIth the project as planned and should receIve mput from the property owners at the pubhc heanng WhICh would be scheduled at the second meetmg m February It \\ould be beneficIal to the CIty to comb me thIS project wIth the reconstructIOn of FIrst Street m order to receIve better quotes from Contractor's If the CIty needs to obtam easements thIS may put combmmg the two projects m Jeopardy Also. If State AId funds are to be used the CIty wIll have to comply With all State AId regulatIOns I ~\oJ x......I:S1 ~ '" > \ 'IJ 'lJIIKINS I '" ... "a "a ~ ~ ~ 'IJ ~IASpIEN Is~l-r ~ c6 3 '> \;V ..JI I z\...\ z ~~ gj ~ 'IJ d ELM IC1 S1 C. R '- ~ HId KO~ y \ Z ST Z S1'" -z. N OR 1H oCt ;;;; ~ "RC :t '" o"''''~ RI ce: S1 I- ~ C 't\...t: ~ I- .. wtR S1 x 1/1 ... -z.-s:f ",i I- :z Z -z. I- '" 'IJ OLIVE '" ~I'IJ OAK I S1 .... ~ PINE~I ~I S~ ~ '" loP '" 'lJILL~RD ~ ~ I 'IJ"'IABBOTI S1 I 1-1 'i;; 'i.AICEJ ~ I 'IJ CHuTRCH IL~ S1 I I .s: 'IJ ANDER SON S1 ~ ~ !;! ~ 'IJ HA .... a: 0 a: a: u ..I: 1 ~ a '" ~ '" '" :t 'IJ MAR 1 HUDSON S1 '" 'IJ ORLEANS & I- "'DR .... \oJ ; '" N ~I TO'lJER DR .\\ __ __.. .._._-':::::":'.11~. ....... ...., ---.......~ '" c 60th"'srL -.-"'\ PROJECT LOCA TION CURVE CREST REHAB, AND SIDE'W ALK CONSTRUCTION 1 DR\JG NO, ~~~21fteU" ~ ::-:- --- ~ ~-~ .., THE 1.11HrlACE If MINNESIT4 L ~ . . . ~ r illwater ~ ~ TH;;;RTHPLACE OF MINNESOTA ~ . NOTICE OF PUBLIC HEARING CURVE CREST BOULEVARD STREET REHABILITATION AND SIDEWALK IMPROVEMENTS PROJECT 9803 February 5, 1998 Notice IS hereby gIven that the CIty CouncIl of StIllwater, WashIngton County, Mmnesota, will meet m the CouncIl Chambers of the StIllwater CIty Hall at 7.15 P m. or as soon as possIble thereafter, on Tuesday, February 17, 1998, to consIder the makIng of street rehabIlItatIon Improvements and sIdewalk construction improvements to Curve Crest Boulevard between Greeley Street and W ashmgton Avenue The area proposed to be assessed for such improvement IS properties abuttIng Curve Crest Boulevard between Greeley Street and Washington Avenue The estimated cost of the Improvements is $539,813 00. Such persons as desIre to be heard With reference to the proposed unprovement will be heard at tins meetmg. Morh Weldon CIty Clerk . PublIshed ill StIllwater Gazette on February 6 and February 11, 1998. . CITY HALL 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE 612-439-6121 . . . Curve Crest Boulevard Property Owner 02/12/98 Page 3 The hearing for this proposed project IS your opportunIty to gmn addItional mformatlOn about tlus project and voice your comments, pnor to the councIl making a final deCISIon on whether to proceed WIth this project You may partIcIpate m the hearing by attendmg and vOlcmg your comments or by sendmg a letter to the CIty CouncIl pnor to the meetmg Smcerely, Shawn Sanders CIVIl Engmeer Enclosure . River VaUey Athletic Club Inc. 1826 Northwestern Ave StIllwater, MN 55082 Feb 16, 1997 CIty CouncIl RE Proposed Sidewalk on Curve Crest Dear CouncIl Members, I am writing m regards to the proposed "sIdewalk" / ''tratl'' you are considering for Curve Crest Blvd There are underlying Issues that have not been brought out m pubhc that I think you should consider FIrst of all, I was asked by the city several years ago if I would support a trail in the Industrial Parkway, which would probably be most utilized by employees of the area businesses on their lunch hours I said that I would support such a project However, I cannot support a sidewalk estimated at $320,413 The major question I have, as do other busmess owners who met at my club last week with Shawn Sanders, is what IS the dnVlng force behmd this project? If it is to connect to the existing SIdewalk as a traIl, the same thmg can be accomphshed with wood chips ~eedless to say, this would save over $300,000 plus This serves the purpose of a trail for area employees . If It IS for any other reason, then I thmk it should be explamed to the affected property owners what that reason really is I dare say that no one is going to be walking to the Courage Center, Stillwater Medical Group, LakeVlew Hospital's property, Schoonover Auto Body or the Stillwater Vet from Greeley Street Those busmess owners were m concurrence With that at our meetmg So there is no benefit for them to have a SIdewalk, as the city contends I suspect there is an ulterior motive for the sidewalk, possibly to accommodate the handIcapped resIdents m the ASI buIldmg next to Courage Center It has been mentioned that they have been seen m wheelcharrs gomg down to Cub Foods to shop If that is the real reason for the sidewalk, why does it stop at Washmgton Ave?? Anyone walking (or wheeling) will have to go back m the street to get to the grocery store complex As It stands now, all the stretch of proposed sidewalk (or traIl) does IS connect an eXlstmg Sidewalk that connects Washington Ave WIth the development behmd Courage Center It WIll not move traffic anywhere except in a big crrcle As I stated above, the affected property owners have stated that therr busmess are not the type that anyone WIll walk to So If the reason for the proposed SIdewalk is to accommodate the ASI residents, then you have a responslblhty to adInlt that in a pubhc meetmg And tfthat is true, then you have a responsibIlIty . to complete the sidewalk beyond Washmgton, to the shoppmg center district And m case you're not aware, the city owns the property on the North side of Curve Crest after Bnnes, which means you will be an affected property owner as well . My vote IS for gomg back to the onginalldea of a wood chip traIl for area employees Banng that, take the sidewalk down to Cub and have the city kick m money I hope you take the above comments mto consideration when makmg your decIsion Smcerely, ~ Betsy Larey River Valley Athletic Club . . 1 . . . ~ ;)./'J/~r MEMORANDUM TO: Mayor and CIty CouncIl FR: Steve Russell, Staff to Jomt StIllwater Plannmg Board V DA: February 13, 1998 RE: Joint Board Action on Expansion Area Development Public Hearings The Jomt StIllwater City/Town Board reconvened theIr meetmg of January 28, 1998 after the CouncIl's publIc heanng on February 3, 1998 (draft mmutes attached). The Jomt Board took the followmg actIon' 1 Encourage the City to mc1ude/the removal of buck thorn as part of the Forest Management Plan 2 Recommend the City temporan1y close 62nd Street before the begmmng of constructIon of the Legends project (preferably the closure of 62nd Street at the west end). A permanent deSign for road closure can be detemnned later 3 The Jomt Board agreed With the City'S motIon regardmg possible purchase of the wooded area by the City. These three Items be presented to the Council for diSCUSSion and approval at their next meetmg (February 17, 1998) Staff AnalysIs The Jomt Board approved the expansion area publIc heanng Items as requIred by the orderly annexatIon agreement The above three Items were added to the conditIons of approval ThIs IS subject to City reVIew and approval All three Items can be accommodated m the City'S approval. The closure of62nd Street needs to be speclfically considered and approved by the full City CouncIl RecommendatIon ConsideratIon of Jomt Board ActIon.