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Home My WebLink About1998-11-10 CC Packet :J :" ." ~ ~'/. / . REVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-27 Council Chambers, 216 North Fourth Street November 10,1998 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief 9. Building Official 10. City Attorney 11. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - October 20, 1998, Regular Meeting; November 4, 1998, Special Meeting PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Petition to maintain McKusick Lake at present level- McKusick Lake townhome owners 2. Petition requesting traffic change to Deerpath 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 98-281: Directing Payment of Bills 2. Resolution 98-282: Rescinding Res. 98-270 and amending police salaries 3.. Resolution 98-283: Permanent employment of Katherine Rogness as receptionist/clerk typist 4. Hang banner Nov. 13-22: American Education Week, Ind. School District 834 5. Extended Warranty and maintenance contract - two squad cars 6. Purchase of commercial washer and dryer - Fire Department 7. Resolution 98-284: Receiving excess right-of-way from Washington County and transferring to Newman Realty 8. Contractors Licenses: Jeanetta and Sons Excavating, S1. Paul; MA Mortenson Co., Minneapolis; Macks Excavating, Inver Grove Heights 9. Resolution 98-285: Accepting work and ordering final payment to Bailey Construction for 1998 Sidewalk Improvements, Project 9817 10. Resolution 98-286: Accepting work and ordering final payment to M.J. Raleigh Trucking, Inc., for Fourth Street Ravine Improvements, Project 9726 , City Council Meeting 98-27 November 10, 1998 -- 11. Hang holiday decorations on Main and Chestnut Streets Nov. 23, 1998-March 8, 1999, City of Stillwater Chamber of Commerce 12. Resolution 98-287: Appointing Chantell Kadin as Year 2000 (Y2K) Coordinator .. PUBLIC HEARINGS 1. Case No. CP A/98-1. This is th~ and time for the public to consider the 62nd Street Area Plan for the area north ofTH 36, east ofC~d west of Long Lake. Notice ofthe hearing was published in the I Stillwater Gazette on October 30, 1998, and notices mailed to affected property owners. (Resolution) 2. Case No. SV/98-67. This is the day and time for the public to consider a request for a street vacation of the south 25 feet of Oak Street, along the north side of Lot 1, Block 6, McKinstry & Seeley's Addition to Stillwater. Frank Biedny, applicant. Notice of the hearing was published in the Stillwater Gazette on October 30, 1998, and notices mailed to affected property owners. (Resolution) ,~.... 3. Case No. SUBN/98-59. This is the day and time for the public hearing to consider a request from Russ Kurth - Kurth Surveying, representing Frank Biedny for a resubdivision of Lots 1 and 2, Block 2, plus a 10 foot easement area McKinstry and Seeley's Addition located at 404 South Grove Street in the RA, Single Family Residential District into two lots of 10,095 square feet. Notice of the hearing was published in the Stillwater Gazette on October 30, 1998, and notices mailed to affected property owners. 4. Case No. SUB/98-60. This is the day and time for the public hearing to consider a request from Mainstream Development Partnership for a subdivision request to subdivide a 21,000 square foot parcel into three parcels of2,900 square feet, 4,200 square feet and 13,900 square at 219 Main Street North in the CBD, Central Business District. Notice of the hearing was published in the Stillwater Gazette on October 30, 1998, and notices mailed to affected property owners. (Resolution) 5. Case No. V/98-61. This is the day and time for the public hearing to consider a request from Jon and Deanne Stratte for a variance to bluff setback (40 ft. required, 23' 4" requested) for the construction of an addition to a garage at 114 Lakeside Drive, in the RB, Two Family Residential and Bluffland Shoreland District. Notice of the hearing was published in the Stillwater Gazette on October 30, 1998, and notices mailed to affected property owners. .~ 6. Case No. SUP/98-66. This is the day and time for the public to consider an appeal from the Planning Commission for a request from Margaret Mitchell, D.C., for a special use permit request for a chiropractic practice-healing practice out a residence at 1055 West St. Croix Avenue in the RA, Single Family Residential District. Notice of the hearing was published in the Stillwater Gazette on October 30, 1998, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Authorizing feasibility study for drainage and street improvements implementing the 62nd Street Area Improvement Plan. (Resolution) 2. Receiving City Hall area parking study 3. Review and approval of Final PUD plans for Phase I Legends cottage lots. Ryland Homes, applicant. NEW BUSINESS 1. Recommendation for 1999 Street Improvements, Project 9902 Ordering Preparation of Report for 1999 Street Improvements (Resolution) .. 2 . . . City Council Meeting 98-27 November 10, 1998 2. Accepting report:.... Wilkins Storm Sewer Feasibility Study (Resolution) . 3. Update: Lily Lake Storm Water Improvements,.tR0'IJ€lhttieH.) 4. Report: AUAR Audit, Project 9626 5. Alcohol compliance violation model- establishment of process, procedures, and penalties 6. Accepting bid and awarding contract for Aiple Lift Station Improvements (Resolution) 7. Approving renewal of on- and off-sale liquor licenses for 1999 (Resolution) Approving new on-sale wine license for Rivertown Inn, Judith Dougherty applicant (Resolution) 8. Possible first reading of ordinance amending Chapter 43 - Liquor by clarifying seating capacity requirements for a restaurant PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS 1. Request for annexation - Kern Center property owners COUNCIL REQUEST ITEMS STAFF REPORTS (continued) . ADJOURNMENT . .."",./(::~,,~"".'.> * All items listed under-the consent agelldtl!U'e considered to be.routine by the City Council art'd;'wm;~:etMGted 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. * * Items in italics are additions to the agenda -:.,. . 3 , . . . ~c~~~ C:1)C- EVEN'f WORKSHEET EVENT: LOCATION: DATES: 12 DAYS OF CHRISTMAS DOWNTOWN STILLWATER FRIDAY, DEC. 11: TWINKLE PARADE 7:00PM (children dressed as snowflakes accompanied by members of Spotlight Dance Studio will parade from Maple Island Hardware down Water Street to the Gazebo where the St. Croix Boy Choir will carol.) The City Christmas Tree would be lit in the Gazebo at that time. Early Winter: Downtown Skating Rink Tim Thomsen is coordinating the skating rink with Carol Trevis of Carved Elegance . Tim suggests a site directly east of the Maple Island Parking Lot on the gravel and will check to be sure that it will not interfere with construction in Lowell Park A size of 110' by 50' has been suggested. Maintenance would be coordinated with the assistance of Stillwater Public works and volunteers from the City Chamber. Pending: "It's a Wonderful Life" outdoor movie. Sponsored by Friends of Stillwater Parks, this movie would be held on Saturday, Dec. I9at 7:00 pm and shown on the outside south wall of Maple Island The first 2 rows of the parking lot south of Maple Island would need to be secured that afternoon. Popcorn and hot cocoa would be available. DOCUMENTS REQUIRED: SECURITY CONCERNS: We would appreciate the assistance of the Stillwater Police during the Twinkle Parade from approximately 7 pm to 8 pm. SPECIAL NEEDS TO BE PROVIDED BY CITY: ( ) WATERHOOKUP ( x ) ELECTRICAL HOOKUP in Gazebo for City Christmas Tree ( ) BARRICADES PLACED ( ) EXlRA PICNIC TABLES ( ) FENCING FOR BEER GARDEN ( ) BLEACHERS ADDITIONAL ACTIVITIES DURING THIS EVENT (LIST DATESmMES) CONTACTS FOR THIS EVENT: COMMITTEE CHAIR: MARY SCHMIDT, GRAND GAMES 351-9449 CAROL TREVIS, CARVED ELEGANCE 351-0210 CHAMBER STAFF: SUNNY DEYOUNG, CHAMBER OFFICE 439-4001 prepared by Sunny DeYoung 11/98 " . . . "12 Days of Christmas" Events in Stillwater, Minnesota Fri-Sat-SunNov 19-20-21 Holiday Open HOllseatCamrose Hill " " " " Christmas at the Historic Courthouse N ov 25 Thurs, Dec. 2 Dec 4-5-6 Dec5 Dec 5-6 Sun, Dee. 6 Friday, Dec. 11 Saturday, Dec 12 Sunday, Dec 13 Monday, Dec 14 351-9631 430-6233 "Parade of Lights" 439-3130 Tree of Remembrance, Lakeview Hospital Stillwater Nutcracker @ St. Croix Academy of Dance 391-2583 Virgil McClellan, Woodcarver, displays at Mulberry Point Antiques 430-3630. Tour of House of 4000 Santas 439-6110 15thAnnuarFestivalof~ Lessons and Carols at Aseension 439-9266 Twinkle Parade 7 pm little kids parade to the Gazebo to light Stillwater's Christmas Tree, carols by St. Croix Boy Choir, Santa accompanies kids in horsedrawn carriage, Spotlight Dance Studio accompanies also 439-4001- Valley Chamber Chorale Concert 430-6233 Warden House Tour and Tea 439-5-95,6 Treasure Hunt - First clues available GRAND PRIZE: DINNER FUR TWO- ATTHEHAKvEST INNf Look for the medallion provided courtesy of Carved Elegance 439-4001 Breakfast with Santa at Trumps 43~0024 Valley Chamber Chorale Concert 430-6233 Tour of House of 4000 Santas 439-.6110 Holiday Specials - 15% off at participating businesses Savories- hosts- Tea atthe Bistro res req 430.0702 Santa and his Reindeer at corner of Water and Chestnut St. courtesy of SeasonsTfque 430-1249_ Stillwater Bed and Breakfast Tour and Tea 430-0359 Valley Chamber Chorafe Concert 430-6233 Tour of House of 4000 Santas 439-6110 Famous Daves hosts "Dinner with Santa"439-5200 Toys for Tots Drop-off ~ Tuesday, Dec 15 Wigglestix hosts "Decorating for Kids" decorating a holiday plate or ornament 351-9143 . Thursday, Dec 17 "Ladies Day Out!" Lunch at the FreightHouse Friday, Dec 18 R-Cottage hosts "Kids for the Birds - hands-on workshop for kids- at R-Cottage on the Croix 351-1003 Saturday, Dec 19 Estebans hosts "Lunch with Santa" 11:30-12:30 430-1543 Enos Bakery Cookie decorating at The Supreme Bean Gingerbread House Display at Tasteful Thymes 351-0993 Sunday, Dec 20 Savories hosts Tea at the Bistro 2:30 res req 430-0702 Monday, Dec 21 Famous Daves hosts "Dinner with Santa". 439-5200 Toys for Tots drop-off . . . Memorandum November 6,1998 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer 'i-< SUBJECT: Proposed Contractor Services for Snowplowing of St. Croix Valley Recreation Center DISCUSSION: The winter season is upon us and it appears that the City will have a significant increase in snowplowing demands. With Phase I ofthe Annexation Area now underway, the City will have the addition of 62nd Street, 72nd Street, and the Rutherford School traffic circle added to our plowing list Also, some type of program must be developed for plowing the recreation center parking area. . It is proposed that existing City crews will plow the new areas of the annexation area. Since the recreation center will have a high priority, due to its use as a park and ride lot, it will be very difficult for City crews to plow this parking lot in a timely fashion. Therefore, staff is recommending that Council consider authorizing the use of contractual services to plow this lot. It is estimated that for the 1998-99 season, contractual services would cost the City approximately $10,000. This figure could vary depending on the amount of snow we receives. J Staff is currently developing a contract and soliciting quotes for presentation to City Council at the Nov~th meeting. .~/ . :. MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Purchase of Snowblower DA: November 6, 1998 . Discussion: ',J Accompanying this memo are copies of quotes the City has received for the purchase of a snowblower with mower attachment. This piece of equipment is necessary to provide for snow removal around the dome. It is very important that the snow is removed on a timely base so that ice does not form around the base of the dome and damage the dome material. The equipment should be of sufficient size and horsepower to effectively remove the snow. The Cushman blower appears to be the best purchase given its size and accessories. Staff is also recommending that a mower attachment be purchased because of the additional grassy areas at the Rec. Center that will be need to be cut. Although the city has similar equipment, the other equipment is needed for other areas of the city. The cost of the Cushman blower /mower is $21,016. This is for a "demo model" blower but new mower deck. Although the other proposals are less costly, the equipment proposed are either too small (i.e., less horsepower) or do not have adequate accessories according to Tim Thomsen. ~ At this time I am not sure if there is adequate funds in the construction furniture and fixtures/equipment account to fund the purchase. However, I will have a better idea by next week whether or not there are adequate funds. Perhaps Council could approve the purchase contingent upon the availability of funds. Recommendation: Council approve purchase of a Cushman snowblower with mower attachment contingent upon the availability of funds. /f1;M- . CUSHMAN PROPOSAL PREPARED FOR: STILL WATER PARK DEPARTMENT 1372 Greeley Street Stillwater, MN 55082 Cushman Motor Company, Inc. 2909 East Franklin Ave. Minneapolis, MN 55406 fa..'C 612-333-5903 phone 612-333-3487 Date: 10/21/98 Weare pleased to submit the following quotation for your consideration: QUANTITY EOUIPMENT SPECIFICATIONS PRICE RANSOMES MODEL 946703 FRONT LINE TRACTOR, DEMO MODEL . ~ Perkins diesel, 3-cylinder, liquid cooled, 28 hp engine @3000RPM. . Full-time 4-wheel hydrostatic drive, front and rear wheel motors . Hydraulic gear pump directly coupled to transmission . Parallel-series drive . Hydraulic power steering · Rear counter weight, #970124 . Deluxe seat, #970080 RANSOMES MODEL 957226 72" DECK (new) · Deep draft design . Transfers 180 pounds from deck to tractor by dual springs . I I -gauge steel with 7 -gauge side skirts . Hydraulic drive f9~ 4-R-L~ PU-V- Q .f1- ~ ( Il I' If) 3 +5 0 ~ crO If L. If- 'S Prices are good for thirty days and do not include sales tax Thank you for your consideration Total~] cP.tr&f<b ..s~gmkt"d II}'~ (];)I,CIC/ l . . ", a~~ Dennis Hendrickson . . CUSHMAN PROPOSAL PREPARED FOR: STILL WATER PARK DEPARTMENT 1372 Greeley Street Stillwater, MN 55082 Cushman kJotor Company, Inc. 2909 East Franklin Ave. Minneapolis, MN 55406 fax 612-333-5903 phone 612-333-3487 Date: 10/21/98 Weare pleased to submit the following quotation for your consideration: OUANTITY .. EOUIPMENT SPECIFICATIONS PRICE . . . . . . . . $15259.00 HANSON GENERAL MODEL 103104 SNOW BLOWER . 52" X 25" . Hydraulic drive . Electric discharge chute rotation · NO-F~E~E discharge chute and fan with high performance. _----:-...",-,--::)----.. composIte Imer ~.' ~14 ')0 00 ~ JODALE PERRY MODEL 700 CAB . 33,000 BTU Heater . Defroster fan . 2-speed front wipers · Halogen headlights · 4-way flashers Prices are good for thirty days and do not include sales tax Thank you for your consideration ///~ '----T..otaln--$22 954. 00 Submitted by . /~~ Dennis Hendrickson 10/12/1998 14:25 8003525444 MTI -- ~::::::- IYI I I DISTRIBUTING CO. rrO; I TIM THOMSEN CITY OF STILLWATER P ARK AND RECREA nON 216 N. 4TH STREET STILLWATER, MN. 55082 L Phone: 612-4394562 Fax: 351-2844 We are pleased to quote as follows: Quantity Description 1 DEMO TaRO 325D, 4 WHEEL DRIVE, WITH 72" .;15' /{/? RECYCLER DECK, AND DELUXE SEAT ONLY (30709) 50" SNOWBLOWER (44910), WITH WEIGHTS 1 DT.HTC.WGT, AND 2 DT-FLT-WGT AND 93-9996 PTO SHAFT CAB WITH HEATER, WIPER, AND FAN. (A-11127) Customer Signature I Sales Team - Bob Frank, Ron Swenson III Date Terms PAGE 02 10/12/98 NET / 30 Prices quoted are F.O.B. MTI Deliverv Sales Tax Phone 1-800-760-3463 "Quotation Good For 30 Days" MTI Sell Price $13,995.00 $2,909.00 $3,313.00 ----------- - . ,,2 (j ;:?, / -: 14900 Twenty-first Avenue North . Plymouth. Minnesota 55447-4655 . Phone (612) 475-2200 · Fax (612) 475-0351 . . . . . . 10/12/1998 14:25 8003525444 MTI . Date Terms PAGE 03 10/12/98 NET / 30 Prices quoted are F.O.B. MTI Delivery Sales Tax Sales T earn - Bob Frank, Ron Swenson Phone 1-800-760-3463 MTI Sell Price $13,275.00 $2,988.00 $2,909.00 $3,313.00 --,-------'-----_.._~ 4.~; .., /l v"~.. r ...-/ ~"...<.J/{dr) 14900 Twenty-first Avenue North · Plymouth, Minnesota 55447-4655 · Phone (612) 475-2200 · Fax (612) 475-0351 s:::. .s:::=--=:;;;C nrlTI DISTRIBUTING CO. TO: I TIM THOMSEN CITY OF STILL WATER PARK AND RECREATION 216 N. 4TH STREET STILLWAT.ER,~. 55082 L Phone: 612-439-4562 Fax: 3:;1.2844 Weare pleased to quote as follows: Quantity Description 1 NEW TORO 325D, 4 WHEEL DRIVE (30795), WITH ~,~ He DELUXE SEAT ONLY (30709) 72" GUARDIAN RECYCLER DECK (30716) 50" SNOWBLOWER (44910), WITH WEIGHTS I DT-HTC-WGT, AND 2 DT-FLT-WGT AND 93.9996 PTO SHAFT 1 1 1 CAB WITH HEATER, WIPER, AND FAi'l". (A-1l127) Customer Signature I "Quotation Good For 30 Days" 10/12/1998 14:25 8003525444 MTI ~ -==== ---. ~==== IYI I I DISTRIBUTING CO. TO: I TIM THOMSEN CITY OF STILL WATER PARK. AND RECREATION 216 N. 4TH STREET STILL WATER, MN. 55082 L Phone: 612-439-4562 Fax: 351-2844 We are pleased to quote as follows: Quantity Description 1 1 1 NEW TaRO 223D, 4 WHEEL DRlVE (30243) c9.3 II./? WITH DELUXE SEAT ONL Y (30772) 62" CUTTING DECK, SIDE DISCHARGE, FLOATING DECK (30564) 50" SNOWBLOWER, HANSON GENERAL (GH-103074) AND 93-9996 PTO SHAFT CAB FOR 223D, 4WD,INCLUDES HEATER, WIPER, AND FAN.(CC-A-I0778) NOTE: THESE PRICES DO NOT INCLUDE SALES TAX. Customer Signature I Sales Team - Bob Frank, Ron Swenson II Date Terms PAGE 04 10/12/98 NET I 30 Prices quoted are F.O.B. MTI Delivery Sales Tax Phone 1-800-760-3463 "Quotation Good For 30 Days" MTI Sell Price $11,546.00 $2,193.00 $3,098.00 $4,054.00 r) .;J(j ~O. P:=J/ --- 14900 Twenty-first Avenue North · Plymouth, Minnesota 55447-4655 · Phone (612) 475-2200 · Fax (612) 475-0351 . .; . . . .. CENTURY POWER EQUIPMENT 5920 Memorial Ave North · Stillwater, MN 55082 (612) 439-2035 -fi elf 'l'f'e- ./II fi)n ;4re 'IICO ~o /J f' 6/'O.fJ 11'11/0 J'hJ--c. pJ-.{Ve t;re; ,<-,/I-u /11.'( /~ ;;rf. j;j-f?J fJu~1 (06~~/uf ~' "/ /Q;:Yy~ ? ~Y~j"~ (J/I jJ- S/crye SjoPI:/WlP' Curl-~J Ca/; CfJ,'/-I? - /lecd- Ff'O;1I-U),'IIc'd7-'.Q1: w/~,. f3ecClI1 /IC[/jf ~rftfCv' /.JJf* /YI/;/j 30/1 ~e lk/ur.tl --'> 7jff<<S 1I~ .fI!e ):;l/f.Y1L ~ffg:; ,::< ,r-;-, 1_/( _ ,- t/s()t-I-ca().~ ij4,! Cec: j OfCtf-J 1ff-/; :;9'1 ~ -;ff/5"; <iff ;Y ~ (/J <J9 ~oo ~ freq/J+- t:(IJl 5Qpof ~ . . / d-- L_{ /5P. #/b,3~;: ------ fO~ ~ ~- ocJ '(YItYl"- oed< /. 1 77 -=_ --;;~~TI-;: / r t YA AHA Nothing RtU1s Like aDeer~ ARC11C CAT:&. World Class Snowmobiles CENTURY POWER EQUIPMENT 5920 Memorial Ave North · Stillwater, MN 55082 A2 IL JJ-- (612) 439-2035 if t2C(lt?f'e if-- Z- /1 / Obi! 1leer~ y 20d ~b:J hf b,roJJ )/1(/0 JAhc. Jl-/u~ Ytf'f 0/ #/;( f/;L.o fOr f. /),€J tJuoJ {' C/J t-G/ {;9{l~ . . > 4/2 8Y'YZ:; 59 Y-J/qYe S/Ja-i/=ev - -;> # ;}J?Yt' ~ Lurf/-J C czb Jb.f-; S).Ie lJoI()r'f2, -3 75"7Y' Q::: //air! Sc'e tJeJuYe -? ~ 877 ~ *S7~e, (jff;o~ dJ fkdrt?jI'e.# / / ;;;k/s -J ~If,y!"ca~ "11 t/f7:- fi(""OO ~ f(.R,r II I J-J' It.J.vP J__ sJtJ f9'1 ~ ~ . Co//I~K' S-;V~ c~; - o~ t? /f;/Y/:- 8JoO~ YJ9;:lV~ -------- ~..,l ~Lk :;>. 39:1' ~ Tar~l ;)/. t??6' YAMAHA NothingRuns n Like a Deere _ . ARCTIC aT~ \\brld Class Snowmobiles" . . '. 11/10/1998 15:55 4391337 HCROIXVALYRECCEN7ER nES AN1> USE SCHEDtsU ST. CROIX V AJ..LEY ICEARENAlPJELDHOUSE LILY LAD ICE ARENA . \" ~. tJSE TIME lR There will be difflCftnt schedules of use tUne bXorporatecl into the fee strQCtur8 of the ice arenas and 6eldbouse. All remeinins time slots AprilO! .. October 3J; AU time slots will be scheduled under tl\e non-prime time rate policy. B.' FU. SCJl"f.1tQ:LE St. Crvb Ice Azotu - is derIDed .. foUoW'$: Prinae Use Time R=talJ Non Prime Ux Tuue Radals Lilt Lab I" AmI. . is defined u foUOWI: Prime use Time Rmtab NQU Prime Use Time Ren1als SL en" & LUy LW.. Open Skatina Opea Pau.hlf~!e OpeaHcckey Skate Rencal Skate SbIrpmiDa SJ351hour, plus SlaIe M1es tQ whereapplieable SllOlhour, plus MWlesoQ State sales tax where applieabJe S120Jb0ltt, p1\11 Mim2esota State sales tax where , appIiQb~ ' S 9~rhour, plus MiJmnota S~ sales tax wbeIe appIi<:abJe $21youtb.. 10 pIA pml':h card StS/card SJladula. 10 pili puDCh card S2S/c:ard S5Ifamily, 10 paaI puIld1 card S40/c:atd S1.3OIpenon in groupe of IOor more with Ild~ taerYaUOOI $4IpenoDl88SSion, 10 pas punc:h card $35/card S41penoal~ 10 pus puodl cara S3,/ca.nI $lluse $3.00/paif ~ "'.., PAGE 132 1j f --0 ' r)\' <0 ,7 f-i'- \G ' \!' ,.../ , ", ~ ~ , "H," S150A2our, plus MiImesota State SIl" tax where 'PPliClbJc SlOIhwr.pllll MiorIesota State IBlcs III wheN Ippli~ab1e S90Ihour, plus MinDaota Sw &ales .. wbI=n applicable SSOIhour, plus MiMesota State sales tax where IppJieable S2/youth, 10 pus punch atrd SlS/card $)/adult, 10 pus puacb eard S25/card SS'funiJy, 10 pus puadl tard $401_ . $l.SOIpmon in ,",ups of 10 or more with aclwnced men'8!icms S.501you1b, 20 put punch card SS/CIId S21adult, 20 paD pmch card S201QU'd S3Jfamily, 20 pass puodl cn S301cud fea for ~ e11e8, ,olfb811 hinina and Olher ldivities will be detenniDed II equipment is pUI'l;bued IDd a:olJ'Qrltec! iDto USG sclJedule. Ovenait.t GTOllp AetMtia - (wbere pcrm.ilted under Fire Code) is defined as follows: 11/10/1998 15:55 4391337 : : ;. ':{ J'td60llH - is defined IS follows: Prime Use Time Rentals LaJ,~ Field (or two small fields) Small Field NOD Prime UK lame RaDials Lar2e P'ltld (or two srull fidcb) SmaU Field Open Field Time , Open W&IkfRun Time 9~~~ lee Arena Field.house (intludiDs track) STCROIXVALYREOCENTER PAGE 03 . SSOIhour, plus MiaDcIota StIW sales td wbe~ tpplicable S4OIhour, plus MinafllOta StaW sales .. whe~ applicable . - &tr& IdivitilS such IS baltiDa cqf:, golfhittjna ca IDd other .:Iivities will be ~ed inW fees for use u equipmeut U ~haRd. TbiJ ~ is nUble to groups whit adVlllted reservatiQO md a .aped pennit for sPecial use ~ to couditioos of-ad Uf. " ' Dous, gro. dy L13~,- 1337 . " -. CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-25 October 20, 1998 . REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:00 p.m. Present: Absent: Also Present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole (arrived 7:25 p.m.) City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Police ChiefDauffenbach Finance Director Deblon Community Development Director Russell City Clerk Weldon Press: Mark Brouwer, Stillwater Evening Gazette Motion by Councilmember Cummings, seconded by Councilmember Bealka to approve the minutes of October 6, 1998, Regular and Recessed Meetings. All in favor. - PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS . 1. Presentation of Stillwater Human Rights Commission second annual Human Rights Award to Louise Watson. Mayor Kimble presented a plaque to Louise Watson as recipient of the second annual Human Rights Award. 2. Proclaiming October 24th as Make a Difference Day - Accepted by Jennifer Fariss, Community Volunteer Service. Mayor Kimble presented a proclamation to Jennifer Fariss, Community Volunteer Service, proclaiming October 24th as Make a Difference Day, a national day of volunteering, in the City of Stillwater. STAFF REPORTS Chief Dauffenbach reported, in response to Council direction at the Oct. 6th meeting, he looked into the complaints that people were parking too close to the driveways on the south side of Cottage Drive. The curb has been painted yellow a distance back from both driveways. This should allow for safe access to both driveways without prohibiting on-street parking any further. Chief Dauffenbach also updated Council on the Market Place Car Wash noise issues. Both drying systems have now been soundproofed and comply with the City's noise ordinance. . Also in response to a resident's complaint about excessive speeds on Co. Road 12 and unsafe conditions in the area of Eagle Ridge and Boutwell Road, Chief Dauffenbach has requested the officers to step up enforcement in the area. The State of Minnesota sets the speed limit on Co. Road 12 (a state aid highway). Washington County has again requested the State do a speed survey; the last survey was , City Council Meeting October 20, 1998 done in 1994. The other safety issues have been referred to Washington County Traffic Engineer Sandra Cullen. Councilmember Thole arrived at 7 :25 p.m. . Chief Dauffenbach requested authorization to close a portion of Sam Bloomer Way from 7 a.m. to noon on Saturday, October 24, during Washington County/Stillwater Fire Department Dive Team training. Motion by Councilmember Thole, seconded by Councilmember Cummings authorizing the closing of portions of Sam Bloomer Way from 7 a.m. - noon on Oct. 24 during Fire Department/Washington County dive team training. All in favor. City Engineer Eckles informed Council the bid of Lametti & Sons has been accepted by the Corps of Engineers for moving the dirt and fill work for the Levee Wall project. Clerk Weldon reminded Council the November 3rd meeting has been rescheduled for November 10th due to the November 3rd General Election. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. All in favor. 1. Resolution 98-268: Directing Payment of Bills 2. Resolution 98-269: Renewal of gambling premises permits at Freight House, Outreach Six Acres . 3. Resolution 98-280: Renewal of gambling premises permits at Trumps, Outreach Six Acres 4. Temporary on-sale liquor license - Washington Co. Historic Courthouse, Restoration fundraiser, Nov. 20, 1998 5. Temporary on-sale liquor license - Adults Night Out, St. Croix Valley Teen Center fundraiser October 24, 1998 6. Resolution 98-270: Approving salary schedule for part-time police officers 7. Resolution 98-271: Employment of Chant ell Kadin as Administrative Assistant 8. Resolution 98-272: Amending City Personnel Policy 9. Contractors License - Lawrence Sign, St. Paul 10. Purchase of dive equipment for Dive Rescue Team - Fire Dept. PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the Aiple property and Kolliner Park Master Plans. Notice of the hearing was published in the Stillwater Gazette on October 9, 1998. Community Development Director Russell presented background on the development of the park master plans for the Aiple property and Kolliner Park. The plan preparation was ordered by Council on March 3, 1998. Three community workshops and two questionnaires have been used by the Planning Commission, Parks Board, Historic Preservation Commission and Downtown Parking Commission in developing the recommended master plan. . 2 1 City Council Meeting October 20, 1998 The Master Plans reflect a low intensity use. No special provisions have been made in the plan for the possible construction of a new St. Croix River bridge; however, the "c" alternative bridge location would significantly impact the enjoyment of the south end of the park. . Community Development Director Russell discussed the costs of various phases of construction and noted many sources of local, state and federal funds are available for the development of parks in such prominent locations with such wide user benefit. Mr. Russell also submitted correspondence from river environmental agencies that have participated in developing the plan. At this point, it appears the basic plans are acceptable to the Department of Natural Resources (DNR) and the Department of the Interior. A letter from Clarence "Buck" Mallick, Executive Director of the St. Croix Management Agency, suggests the park areas revert back to a "natural" state. In a memo, Mr. Russell stated he did not believe Mr. Mallick's comments reflected the sentiment of member agencIes. John Larson, SRF Consulting Group, Inc., presented an overview of various elements of the plans. The Mayor opened the public hearing. 1. Jay Swanson, 1309 Hillcrest Drive, stated the park plan was very well done. He urged the Council stand firm to keep the new bridge away from the park. Not only would the right-of-way impact the park, but there would be significant noise impact on the enjoyment of the park. . 2. Richard Kilty, 118 West Oak, requested cost information and expressed concerns on how the plan would be funded. The Mayor closed the public hearing. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 98-273 approving the Aiple property and Kolliner Park Master Plans. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Community Development Director Russell stated the purchase of railroad land that runs along the inland (west) side of the property is critical to the implementation of the plan. He recommended the City obtain an appraisal of the land to use in negotiating purchase of the seven-acre site. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to obtain appraisal of railroad property running along the west side of the Aiple park property. All in favor. Recessed at 8:15 p.m. and reconvened at 8:35 p.m. UNFINISHED BUSINESS . 1. Second reading of ordinance regulating towing companies and requiring licenses. (First reading Oct. 6, 1998) ,., -' City Council Meeting October 20, 1998 City Attorney Magnuson stated, as discussed at the first reading, this ordinance was inadvertently omitted when the City Code was republished. This is simply an administrative action to reinsert the towing ordinance into the City Code. . Motion by Councilmember Thole, seconded by Councilmember Bealka to have the second reading of ordinance regulating towing companies and requiring licenses. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 2. Report: Pioneer Park Restroom remodeling, Project 9819. Possible award of bid for Pioneer Park restroom remodeling, Project 9819. City Engineer Eckles stated this item was discussed at the October 6, 1998 meeting. At that time, Councilmember Cummings requested staff prepare a cost comparison of renovation and new construction. A memo from Park Director Thomsen was submitted which stated the current footings and structure are sound. A new structure would require the cost of demolishing the existing buildings and footings (approximately $10,000), hiring an architect to prepare new plans (approximately $1200- $3000), new footings, blocks, plumbing and possible new sewer and water lines. The price could almost double. He recommended awarding the bid for remodeling the current structure. City Engineer Eckles reported two bids were received for the remodeling of the Pioneer Park restrooms. The bids received are as follows: Bailey Construction, Stillwater, $80,000; Jay Brothers, Inc., Forest Lake, $88,500. He recommended accepting the low bid. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 98-274 acceptin. the bids and awarding the contract for Pioneer Park Restroom Remodeling, Project 9819, to Bailey Construction at a cost of $80,000. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 3. Request for natural resource inventory for Phase II expansion area. Possible award of contract with Bonestroo, Rosene, Anderlik & Assoc. for natural resource inventory. Community Development Director Russell reported the Open Space Committee recommends the preparation of a natural resource inventory for the Phase II Expansion Area (January 1999). This would allow a complete environmental inventory of the natural features that would be used to protect area natural resources and pattern development around them. The information could be used in a DNR grant request to purchase a portion of the site for open space. The inventory could assist in implementing the comprehensive plan natural resource policies and AUAR mitigation requirements. The cost could be charged to the Phase II development as part of project review. If approved, the owner of the property will be contacted for permission to prepare the inventory. Sherri Buss, Bonestroo, Rosene, Anderlik & Assoc. (BRA), presented a proposal for preparation of the inventory . . 4 City Council Meeting October 20, 1998 Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-275 approving contract with Bonestroo, Rosene, Anderlik & Assoc. for preparation of a natural resources inventory and . management recommendations for Phase II of the expansion area. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. NEW BUSINESS 1. Approving plans and specifications, authorizing advertisement for bids for Aiple lift station improvements. City Engineer Eckles explained staff has prepared the plans and specifications for the Aiple Lift Station improvements. In October 1997, staff had requested Council allow the expenditures for the improvements from the 1997 budget into the 1998 budget. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-276 ordering improvement, approving plans and specifications and ordering advertisement for bids for Aiple Lift Station Improvements, Project 9820. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 2. Authorizing issuance and sale of General Obligation Bonds. . Ron Langness, Springsted, Inc., presented information related to the issuance and sale of General Obligation bonds. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-277 authorizing issuance and sale of $2,500,000 General Obligation Capital Outlay Bonds, Series 1998B. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 98-278 authorizing issuance and sale of $665,000 General Obligation Improvement Bonds, Series 1998C. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Mr. Langness requested Council set a meeting date for the sale of bonds. City Coordinator Kriesel suggested Council set a special meeting on November 24th at 4:30 p.m. to award the sale of bonds. Motion by Councilmember Thole, seconded by Councilmember Bealka setting a special Council meeting for Tuesday, November 24, 1998, at 4:30 p.m. All in favor. . COMMUNICATIONSIREOUESTS 1. Stillwater Human Rights Commission - Consideration of Hate Crime Task Force. 5 City Council Meeting October 20, 1998 Louise Watson, Stillwater Human Rights Commission, informed Council an October 28th workshop will be held at City Hall at 6 p.m. to discuss the possible need for a Hate Crime Task Force that would assist to identify and coordinate the roles of various entities pertinent to hate crime incidents. The workshop will be. followed by the monthly Human Rights Commission meeting at 7 p.m. Council is invited to attend COUNCIL REOUEST ITEMS Councilmember Bealka presented a request from residents to construct a hockey rink in the Benson Park area. Councilmember Bealka also requested consideration of a reduced fee for senior citizens to use the recreation center for walking. Council directed staff to forward this request to the Park and Recreation Board for review and recommendation. STAFF REPORTS (continued) City Coordinator Kriesel requested Council hold a workshop at the November 24th special meeting to discuss cable TV refranchise issues and the modification of the Joint Powers Agreement. Motion by Councilmember Zoller, seconded by Councilmember Thole to hold a workshop on November 24th at 4:30 p.m. to discuss cable TV refranchise issues. All in favor. Mr. Kriesel also presented proposed departmental budgets for the budget year ending December 31, 1999. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-279 adopting . departmental budgets for the budget year ending December 31, 1999. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn at 9:20 p.m. All in favor. Mayor Attest: City Clerk Resolution 98-268: Directing Payment of Bills. Resolution 98-269: Renewal of gambling premises permits at Freight House, Outreach Six Acres. Resolution 98-270: Approving salary schedule for part-time police officers. Resolution 98-271: Employment of Chantell Kadin as Administrative Assistant. Resolution 98-272: Amending City Personnel Policy. Resolution 98-273: approving the Aiple property and Kolliner Park Master Plans. Resolution 98-274: accepting the bids and awarding the contract for Pioneer Park Restroom Remodeling, . Project 9819, to Bailey Construction at a cost of $80,000. 6 City Council Meeting October 20, 1998 Resolution 98-275: approving contract with Bonestroo, Rosene, Anderlik & Assoc. for preparation of a natural resources inventory and management recommendations for Phase II of the expansion area. .Resolution 98-276: ordering improvement, approving plans and specifications and ordering advertisement for bids for Aiple Lift Station Improvements, Project 9820. Resolution 98-277: authorizing issuance and sale of $2,500,000 General Obligation Capital Outlay Bonds, Series 1998B. Resolution 98-278: authorizing issuance and sale of $665,000 General Obligation Improvement Bonds, Series 1998C. Resolution 98-279: adopting departmental budgets for the budget year ending December 31, 1999. Resolution 98-280: Renewal of gambling premises permits at Trumps, Outreach Six Acres. . . 7 CITY OF STlbLW ATER CITY COUNCIL MEETING NO. 98-26 NOVEMBER 4, 1998 . SPECIAL MEETING 7:30 A.M. The meeting was called to order by Mayor Kimble. Present: Councilmembers Cummings, Bealka, Thole, Zoller and Mayor Kimble. Also Present: City Clerk Weldon Press: None CANVASS OF VOTES The meeting was convened for the purpose of canvassing the votes for the General Election held on November 3, 1998. Council reviewed the Abstract of the Votes with the computer totals for the four Stillwater Wards and noted the following results: Mayor Jay Kimble Nance Purcell 4200 2942 . Councilmember - Ward 1 Terry Zoller Dave Junker 992 583 Councilmember - Ward 4 Gene "Taco" Bealka 1133 David Green 963 Motion by Councilmember Thole, seconded by Councilmember Bealka to accept the ballot figures presented declaring Jay Kimble as the Mayor, Terry Zoller as the Ward 1 Councilmember and Gene "Taco" Bealka as the Ward 4 Councilmember. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn the meeting at 7:40 a.m. Mayor . Attest: City Clerk . . . 19 October 1998 Mr Nile Kriesel, City Administrator City of Stillwater 216 No 4th Street Stillwater MN 55082 Dear Nile; ';OD\ \"..~(:_~_...oJLll 0, / q C( , Ii , Ii OCT 2 I I99B ~ I enclose the petition we discussed recently regarding the McKusick Lake townhome owners il1terest in maintaining the lake level status quo. In light of the recent city action to futher investigate the McKusick Lake issue, we are all in agreement that further petitioning at this point serves no particular purpose. However, this latest initiative did further substantiate the high level of community interest in preserving and improving the lake. The expressions of support from so many of our area neighbors, those who use the pathway and other interested parties has really been encouraging. We appreciate your guidance and efforts to bring this matter before the city government and to look at viable options. Obviously we are eventually looking for an outcome that doesn't sacrifice one natural resource and community asset to other developmental interests. Very truly yours, ~~K David L. Cross Enclosure c: McKusick Lake Preservation/Restoration Committee To: City of Stillwater-Mayor and Council . From: The Gardens Townhomes Homeowners Association The Greens Townhomes Homeowners Association The Towne at Oak Glen Homeowners Association Date: 8 October 1998 Subject: Petition to Maintain McKusick Lake at the Present Level ---------------------------------------------------- This is a petition to officially maintain the level of McKusick Lake at a nominal elevation of 853.5 feet MSL. McKusick Lake has operated at this level for an undetermined number of years and we agree with the position of the lakeshore property owners who unanimously petitioned you to this effect on 1 September 1998. We further submit that the draw down of the lake to the "official" DNR level of 851.7 feet MSL for the purpose of using McKusick Lake as a holding pond for annexation property water runoff will be detrimental to the well-being of the lake. We believe there is a better solution to deal with the runoff problem-a solution that will not compromise the present level of McKusick Lake. The watershed issue . encompasses a much greater land area than the city of Stillwater. Therefore, it is our . position that a solution must come from a comprehensive plan that is developed by those concerned about and responsible for the watershed from several interrelated regions of our geographic area. David L. Cross President, The Garde s Homeowners Association i~:Ls President, The Greens Homeowners Association ~~~ , Gerald T. Shannon President, The Towne at Oak Glen Homeowners Association . ~ , i . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Request for traffic change to Deerpath DA: November 6, 1998 Discussion: Accompanying this memo is a petition the City Council has received from residents in the Deerpath neighborhood. The residents are requesting that the city consider establishing a "no left turn" from Olive to Deerpath to relieve some of the traffic congestion on Deerpath. The traffic situation on Deerpath has been discussed several times in the past. The no left turn situation may be a temporary solution to the traffic problems on Deerpath. However, to do so would also probably have some impact on other streets (e.g., Brick Street). Therefore, Council should direct staff to study this request and make a report and recommendation to the Council. As part of the study and report development, staff would propose to hold neighborhood meetings to identify the issues and to determine the impacts the traffic change would have on other streets/neighborhoods. Recommendation: Council direct staff to prepare a report and recommendation regarding the request to establish no left turn on Olive at Deerpath. 4/~ ~ " , October 31, 1998 Stillwater City Council Stillwater, MN 55082 . Dear Mayor and Council Members: The residents ofDeerpath are requesting that the City provide a "No Left Turn" sign from the southwest approach to Deerpath, to reduce the amount of cut-through traffic and to make the intersection safer, while waiting for the possibility of dead-ending the street at its south end. Over recent years, with additional housing to the northwest and with the completion of the Stillwater Market Place and the Stillwater High School, traffic has increased to an unbearable and unsafe level on Deerpath. Continued development to the northwest and around the Hwy 36/Hwy 5 intersection will continue to increase the problem Many of the residents attended a City Council meeting when sidewalks were proposed as a solution to traffic problems on Deerpath and Eagle Ridge. Deerpath residents counter-proposed a cul-de-sac solution that we felt was a reasonable solution to the problem The Council stated they would review this proposal. In discussions with the City Development Coordinator (Steve Russell), and the City Engineer (Clayton Eccles), we were told that nothing significant could be done to Deerpath until the City . adopted a Comprehensive Plan, hopefully addressing "cut-through" traffic issues all around the city. We believe that this Comprehensive Plan has been adopted as a guideline for the City, and would appreciate the cul-de-sac proposal be re-opened. While waiting for the cul-de-sac issue to be resolved, we would appreciate consideration of a "No Left Turn" sign being placed at the southwest approach to Deerpath. This option is being presented after discussions with the City Engineer, and after review of a "Neighborhood Traffic Control" (Traffic Calming) booklet provided to us by the City Engineer. (See attached Introduction and Tool Box from the booklet.) . .. \. . ) . . . .,At the previous City Council Meeting, the following reasons were given for the Deerpath traffic reVIew: Deerpath is not suited to high traffic because: · Deerpath is narrow, with vehicles often parking on both sides of the road · Deerpath is long and windy, having an "S" shape with 2 blind comers · Deerpath has a downhill portion, encouraging faster speeds . There are 23 houses with driveways directly accessing Deerpath, plus Deerpath Court, with its additional 9 houses · Houses are situated on both sides ofDeerpath . The entrance to Deerpath from the south is immediately following a blind downhill comer Closing the south end ofDeerpath would divert traffic to Brick, however Brick Street would be better suited to higher traffic because: · Brick is presently 6 feet wider than Deerpath · Brick Street is shorter and straighter than Deerpath · There are only 5 houses with driveways onto Brick · Houses are situated only on 1 side of Brick . The entrance to Brick is not immediately next to a blind downhill comer Providing a ''No Left Turn" sign and "Double Yellow Lines" around the comer on Olive will, we believe, dramatically reduce traffic hindrances along Deerpath, and share the responsibility for the cut-through more equitably. Such a resolution would provide the following benefits: . Safer Comer - There have been several rear-end accidents suffered by people waiting to make a left turn into Deerpath from Olive. The street sign and power pole have many scars from wayward cars taking the comer too fast, particularly in winter! . Better Traffic Distnoution - The Olive/Brick/MyrtlelDeerpath block would become more like a large traffic island. Traffic travelling from the northwest to the south would use Deerpath as it presently does. Traffic from the south to the northwest would use Brick. Traffic from the northeast travelling south would take its current preferred route from the comer of Myrtle and Owens, along Owens to Olive, then west and south on Olive. It is anticipated that there would be no increased traffic traveling west on Myrtle to create a similar problem to that at the comer of Myrtle and Brick as presently exists at Olive and Deerpath comer. ~__. ^ -I" "" ~ ) (, The following are signatures of residents in favor of such a proposal, with their addresses indicating approximate positioning along the road. MYRTLESTREET . (North) 100 Kirk & Shelly Nelson 101 dun & Marcia Sewick 114 Brenda Ottman ??? dun Owens 128 Kurt Kohl 141 Jeanne and Mike Lyner 142 Carol & Paul Johnson 156 Jason & Meghan (pOND) 160 Carol & Vmce Birchem (pOND) 174 Karen & Tom Alexson (pOND) 200 Michelle & Randy Kapra 181 Fred & Shelley Livermore . 206 Jackie & Paul Valerius 201 Barb & dun Ylinen 212 Beverly & Mike Witt 211 Jane Gay (DEERPATH COURT - 9 HOMES) 241 Pat and Tony Gilewski 272 Linda and Michael Kane 261 Colleen & Dan Zenk 278 Lee & Linea Natwick 281 Ann & Brian Bunce 284 Dan & Kim Swanson (CORNER OPENING TO OLIVE) (VACANT LOT) OLIVE STREET (South) . V~l) ,-'-' Weare in agreeme t .th h . n WI t e proposal set before the City COWlcil: Ccn . ~~ ~. 3a-d;( r t ~ . . . ' Vet 1~~'J W\O\M~ ~/Ov~'~~ ~"'" ~\l Pi on~ .~~~ij ,v 'IV l! i ;fa) vJvs -V~ ~~~ ~): _ /l ~J4<-- lit!@rcM/{/'- ~- ~~- ~ CU-O /7 'I} , ~A.tlt~ (}(1.1/'v\Cll"'--. . ...---- 'T"\_ _ _ ~ _I" ~ -~-~1 if' .f " ~- .,~ . . . RESOLUTION NO. 98-281 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $1,626,268.62 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 1 Oth day of November, 1998. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk ) .i . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 98-281 . Accessible Environments Airtouch Cellular Albrect Filter Service Amdahl, Chris Ancom Communications Arndt, Harriet Aspen Mills AT&T AT&T Wireless AT&T Wireless Long Distance Bailey Construction Baker, Mary Barthol, Robert Berfgalk, Robert Berube, Bette Board of Water Commissioners Board of Water Commissioners Bonestroo, Rosene, Anderlik Brad Ragan, Inc. Braun Intertec Braun Pump & Controls Bryan Rock Products Camas - Sheily Division Cardinal Tracking, Inc. Carquest Auto Parts Casanova, Stella Catco Parts and Service Central Saint Croix Valley Century Power Equipment Chemsearch Cincotta, Carla Consolidated Plastics Corporate Report Courier News Coverall Cleaning Concepts Cy's Uniforms Deblon, Diane Duncan, Evelyn Earl F. Anderson, Inc. Ecolab Pest Emergency Apparatus Equipment Supply, Inc. Falde, Helen Falde, Norman Federal Express First State Tire Recycling Fuller, Kathy Gateway 2000 Geo W. Olsen Geo W. Olsen Glewwe Doors Goldberg, Helen . Disability Presentation October Cellular Service Remove Garage Filters Door Lock Repair, Service Call Base Unit Radio Election Judge Payment K. Gilliam Uniform Long Distance Charges Cellular Phones Long Distance Service 98 Sidewalks Contracting Election Judge Payment Housing Reimbursement Election Judge Payment Election Judge Payment Repair Hydrant WAC Charges 62nd St. Professional Services Police Tires Saint Croix Testing Services Pump Repair - Lily Lake Rock Playground. Sand Training, Software Oil, Antifreeze Election Judge Payment Truck Parts, Truck Cap Verify Audio Installation Blade Poly Sprayers, Rust Inhabitor Training, Gas Reimbursement Plastic for Evidence Subscription CI Proceedings Monthly Cleaning Emblems Sewn, Ties Seminar Mileage Election Judge Payment Second Street Signs Pest Control Services Fire Truck Repairs Service Maintenance Contract Election Judge Payment Election Judge Payment Shipping CPU to Texas, Letters Tires Removed from Shop Election Judge Payment Computer Sports Complex Contracting Sports Complex Contracting Building Repair Lock Election Judge Payment 180.00 1,011.11 50.00 66.00 5,657.25 99.00 104.34 14.67 22.58 1.27 24,471.75 51.00 241.39 112.13 102.25 62.43 10,840.50 5,918.21 252.81 762.50 2,584.44 134.32 290.69 750.00 191.84 103.50 41.86 15.00 12.08 351.56 147.63 72.63 34.00 49.16 2,369.63 128.30 19.20 57.00 363.79 227.92 944.79 1,428.00 123.50 60.00 105.50 56.40 48.00 2,607.12 714,594.00 477,542.00 237.79 58.50 Gopher Bearing Gopher State One-Call Governmental Accounting Standards Bd Grafix Shoppe Grunow, Joyce Helston, Carolyn Holmberg, Mary Honeywell, Inc. Hudacheck, Ruth Interstate Detriot Diesel Jansens Cleaning Service John Buckley Inspection Services Kallestad, Kim Knapp, B,Jane Kopel, Jeanine Kress, Mary Jo Kroening, Nancy Krongard, Les Lacy, S. Judith Murphie Lakeland Ford Trucks Larson, Gerri Legislative Associates Lighning Powder Company, Inc. Linner Electric Linner, Ed Lueck, Thelma Lundberg, Corrine Lynch, Dorothy M J Raleigh Trucking MIA Associates Magnuson Law Firm Maple Island Hardware Menards Meredith, Nathan Metropolitan Council Metropolitan Council tvlll Life Insurance MinnComm Minnesota Dept of Transportation Minnesota Sun Publications Multiple Zones Northern Hydraulics Northwestern Tire Company On-Site Sanitation C'ler EZ Dive Center Parts Associates Pasket, Dennis Pinkeys Sewer Service Pitney-Bowes Plait Health Associates Polehna, Joni Postal Products Unlimited, Inc. e'_111I Corporation QUill Corporation R & R Specialties, Inc. Sweeper Bearings September Calls Pronouncement & Codification Ci~Logo, Lettering Election Judge Payment Election Judge Payment Election Judge Payment Prison Quarterly Maintenance Election Judge Payment Dump Truck Kit, Trans Kit Prison, Ci~, Library Maintenance Inspection Services Conference Lodging, Meals, etc. Election Judge Payment Election Judge Payment Election Judge Payment Election Judge Payment Lily Lake Freon Election Judge Payment Dump Truck Parts SAC, WAC Refund Consultant Services Evidence Pouches Supply, Install Tube Guard Election Judge Payment Election Judge Payment Election Judge Payment Election Judge Payment 4th Street Ravine Contracting Cleaning Supplies Prodecution Services Keys, Wire, Gloves, Knife, Paint, etc. Timbers for Playground Light Meter Reimbursement Stillwater, Township Sewer SAC Monthly Charges Life Insurance Premiums Pager Service 36 & Nelson Traffic Light Repair Advance Ballots Adobe Photoshop, ViaVoice Chain, Hoist, Pullers Inspection Truck Tires Weekly Service, Damage Waiver Knife Tank Stage Nuts, Bolts, etc. Conference Airfare, Hotel, Meals Marine Street Pump Tape, Seal, Certridge Prep Work, Tree Protection Election Judge Payment Collection Box Storage Drawers, Transparencies Shelving Goal Frame, Battery Edger, Seminar 84.20 225.75 85.00 77.21 117.00 99.00 103.50 389.79 48.00 93.86 1,554.00 525.00 703.66 126.75 55.50 103.50 103.50 1,880.85 114.00 5.59 1,425.00 4,325.00 75.95 1,214.10 15.00 51.00 99.00 108.00 8,606.89 84.72 11,994.73 78.55 319.20 120.49 104,759.16 8,464.50 1,365.51 99.46 141.30 52.33 667.40 86.23 166.48 135.68 3,086.00 213.22 556.81 400.00 81.97 703.00 117.00 236.27 760.50 129.62 4,375.17 . . . . Ra-Mar Plumbing, Inc. Renfrow, Shirley Rheineberger, Joe Rheineberger, Marguerite Ritzer, Julie Roettger, Carol Roof Tech, Inc Rossini, Patricia Ryan, Eleanor Saint Croix Animal Shelter Saint Croix Car Wash Selint Croix Courier Service Saint Croix Drug Company Saint Croix Events Saint Croix Office Supplies SChaubach, Shelly Sz;haubach, Shelly Schwa len, Helen Scullen, Dorothy SeiectAccount Service Environmental Engineering Service Environmental Engineering SilOrt Elliott Hendrickson, Inc. Springborn, Mary Sf~;F Consulting Group S,me of Minnesota BCA S'lllwater Gazette Stillwater Medical Group Stillwater Motor Company Stillwater Texaco Stillwater Towing Slreichers S:uart, Edwin S:uart, Margaret S,::Jerintendent of Documents S.'/anson, Norma T /, Schifsky & Sons Ti ;Olllsen, Tim T urnblad, Gretchen T::mblad, Vincent 1"in Cities Service Center Lr,ited Building Centers L,:A Waste Services V. aid, Darwin W::'i1 Street Journal V 3s:1ington County Assessor's Office V.snington County Public Works \.ishington County Recorder \ .!shington County Sheriffs Office \. ;][son, Dennis V Jiss, Colleen V, eiss, Kim V,C[ Technologies, Inc. V,',itc; Bear Dodge \'oll:nan, Marlene . . Install New Faucet Election Judge Payment Election Judge Payment Election Judge Payment Election Judge Payment Election Judge Payment Repair Roof Curb Election Judge Payment Election Judge Payment 3rd Quarter Animal Pickup October Car Washes Ultimate Data Delivery Box Service Professional Services Key Cabinet, Safe Municipals Banquet Mileage Seminar Mileage, Meals Election Judge Payment Election Judge Payment Participant Fees Professional Services - Aiple Monitor Well Abandonment Engineering Services Election Judge Payment Aiple Engineering Services 3rd Quarter. CJDN Connect Chgs Public Hearing Notice, etc. Entry Physical Truck Bracket Automotive Fuel and Oil Squad Tow, Forfeiture Tow Paddle Holster Election Judge Payment Election Judge Payment CPI Subscription Election Judge Payment Asphalt & Tack Conference Meals, Lodging, etc. Election Judge Payment Election Judge Payment Service Agreement Sewer Dept Cement September Garbage Service Election Judge Payment Subscription Renewal Assessment Services City Traffic Services Recording Services Mobile Terminals, Record System Date Change, Edit, Adjustments Election Judge Payment Election Judge Payment Soft Water System Spring Bracket Repair Election Judge Payment 191.45 117.00 48.00 91.50 103.50 108.00 161.01 103.50 103.50 1,021.68 45.63 29.96 4.00 6,771.22 493.90 19.20 30.30 103.50 103.50 167.40 10,802.58 1,001.25 168.60 66.00 7,615.72 390.00 104.57 185.75 26.89 3,384.22 352.56 35.09 123.00 108.00 27.00 60.00 1,026.35 775.36 129.00 105.00 197.86 66.90 90,664.85 60.00 299.00 49,510.25 1,651.30 110.00 3,945.00 460.00 99.00 63.00 898.61 70.07 121.88 Wybrite, Inc. Zarnoth Brush Works Zee Medical Service Z',mpel, Mark Zeuli, Chris MANUALS Appletree Institute U;:iled States Postal Service AJDENDUM TO BILLS Kailestad, Kim Nor"them States Power Company US West y,'eldon, Morli Maintenance Agreements Brooms for Sweeper Shop Medical Supplies Election Judge Payment Rewire Door Locks November Blue Cross/Blue Shield Utility Billing - Fourth Quarter Lunch Meeting Gas and Electric Service Telephone Service Election Mileage APPROVED FOR PAYMENT Ac!opted by the City Council this 10th day of November, 1998. 576.00 3,297.24 21.22 103.20 20.00 . 8,674.50 951.60 25.31 8,530.31 2,139.09 25.50 Total Due: 1,626,268.62 . . MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Part time Police salaries DA: November 6, 1998 Discussion: At the previous meeting I presented Council with a request to increase the salaries for part time police officers. I had pointed out that the part time police have not had a salary increase since 1995. However, I inadvertently used the 1992 salary schedule to develop the new schedule. Therefore, the request contained inappropriate salaries. I am now requesting that the Council adopt Resolution NO. 98-282 which would establish the appropriate salaries. Thanks for your consideration and understanding. . Recommendation: Council adopt resolution NO. 98-282 rescinding resolution NO. 98-270 and establishing salaries for part time police officers. This item is on the consent agenda. ~A . RESOLUTION NO. 98-282 RESCINDING RESOLUTION NO. 98- 270 AND APPROVING SALARY SCHEDULE FOR PART TIME POLICE OFFICERS . BE IT RESOLVED, that the following salary schedule for Part Time Police Officers is hereby approved: Patrol Officer: Hours Effective Effective Step Worked 10/1/1998 1/1/1999 1 0-520 $8.60 $8.85 2 521-1040 9.20 9.45 3 1040-2080 9.80 10.10 4 2081-3120 11.00 11.35 5 over 3120 12.20 12.55 . Sergeant: 13.40 13.80 Adopted by the Council this 10th day of November 1998. MAYOR ATTEST: CITY CLERK . RESOLUTION 98 - 283 . APPROVING PERMANENT EMPLOYMENT OF KATHERINE ROGNESS AS RECEPTIONIST/CLERK TYPIST BE IT RESOL YED, by the City Council of the City of Stillwater, Minnesota, that the permanent full-time employment of Katherine Rogness as Receptionist/Clerk Typist from and after November 4, 1998, having served a probationary period of six months, is hereby approved. Adopted by Council this 10th day of November, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . . r illwater "~ - ~ THE BIRTHPLACE OF MINNESOTA i) . 1. REQUEST FOR INSTAllATION OF BANNER ::~:~~:ION ~ ~.~~ ADDRESS TELEPHONE 35/-g-! )-0 2. 3. 4. ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ~~!J~ /I~ IS- - d-( 5. BANNER LOCATION REQUESTED: o 1& o Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) . 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: ////3 -II/JI~ 19t COMPANY INSTALLING BANNER' . pI: ~I ~ Addres~C~~ f 5{, Phone C{ oq- ti.o~ C{ 7. FOR OFFICE USE ONLY o City , 0 MnDOT , Date: Date: (Required forMain Street Locations) Installer verification Date: BANNER REQUIREMENTS ATTACHED . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . Memorandum To: Mayor Kimble and City Council Members cc: Nile Kriesel From: Police Chief Larry Dauffenbach Date: 11/06/98 Re: Extended Warranty 1998 Crown Victoria Squad Cars The extended warranties for the 1998 Crown Victoria squad cars have not yet been purchased. I would like to purchase a combination extended warranty and rtili1fitenance agreement. The extended warranty would be a 3 year 75 thousand mile ...n.................. W~~ty on the drive train only. The maintenance agreement would be a prepaid riiaili~I1Clnce plan. This would cover any other repair not covered under the ~~~~~~arranty. .uuu..,... Ibavebudgeted $3,300 per vehicle for the extended warranty. The cost of the ~ridedwarranty and maintenance program is $3,300 per vehicle. We have two .......................... vehiCles that need the contracts. The service would be performed at Stillwater Ford. 1 SDllWATER FORD UNCOlN MERCURY Tuesday, November 03,1998 To whom it may concern: Stillwater Ford will sell extended warranties on 1998 Crown Victoria Police vehicles for the following amount: Ford ESP Power Train - 3 year175000 mile with a zero deductible for $1350 dollars. ~/)7? ,~ ---I/--.-.- ," ,,' / ~ / r t. _"RO_,_ .," ---L- Mark Hammerstrom General Manager . . . . . COVERED COMPONENTS. ~ - ENGINE . All inlcmallu}:'ricled pans . C~'linder blocl . Cylinder he3d~ .. AY\I;heel .. ~1anifold. exhaU\T . ~Iani(old. inule . Oil pan .Oilpump . Seals and ~;a..~et~ .. Thermo..13l . Thermo\tal bou~ing .Tlmingc~in;o\er .. Timing chain. ~ears or ~h . T urboct\argt'r.'SuJ.'l=n:ha~er unil - (OICI~ .in..talled .. \"31'.c ('o\'cr' .W;lIcrpumr REAR.WHEEL DRIVE . Axl. shafts .. Borings. (ronl-wheel .. Barings. rear-wheel .. Drive adc housing and all intemal parts .. Drive shaft .. Rc:~iners .. SC31s and ga..\;cts .. Cni,'ro.al and constant \ elocilY joinl" ~ ~ TRANSMISSJO:\ ..1"lIinlcmalpw .. Seals. :md gas"elS .. Torquccon\'ener .. T r.msfer ca-.e. including internal p3n~ .. Transmi..,ion CilSC' . C~nain n:'lri~.til\n.. and cwlu,;iunioo apply. Sl.'1: )'tlUr de:llcr or your pl:m pru\'isiuns for dCI:lib, tB~.~.'., ~~ ~ FRONT.WHEEL DRIVE . Adesharls .. Bearings. front-wheel .. Bearings, rear-wheel _ Conslanl velocity and universal joints _ Final drive housing and all inlemal pans - Hubs. aUlomntic (ront lockin~ Ifour-whcc:ldrive) -locking rin~s ((our-wheel dri\"el - Se3ls iUld g:!.skels - POWERTRAINCARE For Used Vehicles PowertrainCARE covers critical powertrain componenlS. so you can drive with the confidence that your used vehicle inveslment is protected. ... Peace of Mind Protection You want 10 f",,1 more secure .boUI purchasing a used vehicle. ... Component Protection Covers 29 critical powenrain componenlS. ... Deductible Options This plan has a 5100 standard deductible, 550 and 5200 deduclible oplions are available, ... Towing Reimbursement' Reimburses lowing expenses up to 550. if required as . resull of a Ford ESP covered repair. ... Rental Car Reimbursement' If your vehicle is inoperable and must be kept ovemighl for a repair covered by the original faCIOI'!' limited warranty or Ford ESP. you will be reimbursed up to 528 per d.y (535 for Lincoln) for up to 5 days. ... Add.On Protection Benefit If Ford ESP PowemainCARE for used vehicles is purchased while the original factory limited wamml)' is in effect on 1991.1999 Ford. Mercury and l;iP.roln vehicles. the pl.n's COl1lract expiralion is calculated from expiration of the original factory limited wammly. ... Transferable If you sell the vehicle, the remaining PowertrainCARE covmge can be transferred to a new o~ner. This can add to the vehicle's resale value. ... Financing May be included in your fln.nce contracl in moSI cases or convenient time payment plans are available. ... Cancellable .NOIlvaibblc in H:l\lo'aii. CHOOSE YOUR TIME AND MilEAGE Eligibilit)' Requirement 1991-1999 \'cbiclc~ ""ilh HXHXXl miles or Ics~ 1991-1999 vchicles \\"ilh 8O.UXl miles or Itss Il}9.I..IW9 vehicles wilh 60.('00 miles or less Co\"era~e Len~ths I': momhs/l!.OOO miles l~ monlhs/I!.OOO miles ~4 monlhs/1.uXXI miles I~ monlhs/ll.0eXI miles ~.! monlhs(.!.tOOO miles .~ mllmhs/~o.(l(ln miles .!S month.../.UUXXl miles Coven!, expires upon n:achioS your sc:lcC'ttd ti~ or mileJ~C:. whichever Ot:tun first. Some e1i!ibi\ity limiwioos ftl3Y apply. Asl )'OUl de3JCT fOf deuils. Backed By Ford PowenrJinCARE is backed by Ford MOlor Company or Ford Motor Service Company and designed to provide eXlended powenrain prolection for Ford vehicles. Service can be obtained at anyone of more than 5,000 Ford and Lincoln.Mercury dealers in the 50 Slales and Canada. PowertrainCARE Is For You .;. You want peace of mind and lasting prOlection. .;. You drive a 101 of miles. .;. You plan to keep your vehicle beyond the original factory limited warrJI1IY period. .;. You wal1ltowing and renlal car reimbursemel1l.* .:. You'd like the opponunily 10 help enhance your vehicle's resale value. PowertrainCARE Will Work For You For jusI pennies a day, you get extensive powenraincoverage and you help protect yourself from increasing pans and labor costs. You could save the cost of PowenrainCARE in one Ford ESP covered repair! Ask your dealer for details. *~Ol availnble in Hawaii. More Than 17 Million Customers Peace of Mind Protection . 't I, .,. S.:~.= ::!r:~5 Tc ~~~,e:;lb2r A,bout Your PC\\,;":::::r,CARE pier. Fer New Allc Used \Ie:,:::: =5 . Co\'er.l~e includes repair or replal'Cmenl of l:o...cred components for the iime :md mileage pc:ri(xJ you sckcl. fndudes parts and lat'"" . Failul"C''i of l"o\'c~red compuncnls due to nomlal wear Jre induJed. ;n iJddition to med<lllical hn:aktJowns. . For new n:hides. ro\'crJ!.!C ~c.ins \\ ilh the uri!!in..1 in~sel1:ice dale l\\'arr.lIl!Y SIan d:lIel~<Im.l iero mileage. . . For u~'l1 rchides. nwerJ~C l11u'l tlc purchased at the lime of whide sale. . For used \'ehid~.I,:o\'L:rJ~C' tx'~ills wilh the JalC' and milea!!e on Iht whid~ OIl tim~ Ilf pun:ha~c~ - . If a USl:d ,"ehide ha.\ Foro orig.inal fJclory limited warrJnl>' co\"erJ~~ rCI11Olinim!. PowenrJinCARE for used vehicles is an -add on - 10 thJt w;rr.l.nIY. Al\k your dealer for uelails. This brtx:hure is inlended to provide ~cnerJI infonnalion ahoU! Ford ESP. Prkes and pian.o; art subjet'1 to l:hange withoU! notice. Plan 3\'aibbility. benelits. ~"O\"erJge. and pro\'ider may \'ary by state. Plea.<it '<'e yuur dealer for details lI' reteI' to your plan provisiono;. Florida deale" onh': In Florida. Ford F.5P is a Sen'ice Contmct from The Americ:ui Rood losur.nce Com pan)'. De-.rborn. ~II -lS12I. Certific'lle of AUlboril1' #09079. lIIusumiOlts used in tbis brochun: arc for graphic rep~ntalion only. Repairs needed to :my en!~inc. tr.msmis.\ion and linal drh'e ~~mponenl~ caused by or res-ulting from a defect in J non~F(lrd component such as an afte""",,el.;nSlalled IUrOOchan!er are not covered. In some ca.<es. tbe use of Ford aulborized remanufactured parts is required .fler tbe expimlion of Ibe original factOr)' limiled \\'.rmnl)'. See your dea.ler or )'ourcopy of the waJrJmy for complete details on the originaJ faclol')' limited Warr:lIlIY. . F o D R Peace Of Mind Protection You're buying peace of mind when you purchase or lease a quality Ford product. You want your ownership experience to be satisfying and pleasurable - and so do we! That's the reason we provide QUALITY CARE service when you purchase a Ford vehicle, There is a way you can help prolect your investment and add to your peace of mind- purchase Ford ESP PowenrainCARE. Confidence For The Road Why POll'ertrainCARE is a good investment: .;. Covers 29 critical powenrain components. .;. Helps provide protection against the cost of unexpected.Il:pair bills during and after your original factory limited warranty. .;. Provides towing reimbursement for Ford ESP covered repairs-if your vehicle is inoperable during the extended coverage period! .;. Provides rental car reimbursement if your vehicle is inoperable and must be kept overnight for a repair co\'ered by the original factory limited warranty or Ford ESP.' *NOI available in Hawaii. -- . . l + . GUARANTEED MAINTENANCE AGREEMENT THIS AGREEMENT is made this _ day of November, 1998, between the City of Stillwater, Washington County, Minnesota, ("City") arid Stillwater Ford, Inc., an authorized Ford dealer located in Oak Park Heights, Minnesota ("Ford"). 1. The purpose of this Agreement is to establish guaranteed maintenance for police cars that have been purchased by the City from Ford, all of which will extend the useful life ofthese police cars and provide for their efficient use, which will ultimately increase their trade-in value. 2. For each of the police cars, the City will deposit with Ford the sum of one thousand nine hundred fifty and no/lOO dollars ($1,950.00) which must be kept as a credit to the City's account by Ford and expended only as set forth in this Agreement. 3. The fund will be used for any scheduled maintenance and repairs that are not covered by the warranty that has been separately purchased for each automobile. Amounts may be drawn from the fund only at the direction of the Police Chief of the City or his designee and at the option of the Police Chief or designee and for no other purpose. 4. The fund may not be drawn upon or used by Ford for any other purpose and not for any maintenance or other work performed on the police car except by written authority of the Police Chief or his designee. 5. Sums remaining in the Guaranteed Maintenance Fund when the police car is either traded in or sold will be returned by Ford to the City and in view of the administrative expense of handling the Guaranteed Maintenance Fund, it will be returned without interest. THIS AGREEMENT MADE this _ day of November, 1998. . CITY OF STILL WATER By Jay L. Kimble, Mayor Attest: Morli Weldon, Clerk STILL WATER FORD, INC. By Its . ~ 1 l 2 . . . . STAFF REQUEST ITEM I Department: Fire Department I Date: 11-03-1998 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase out of Captol Outlay Budget: 1. Commercial type washer 2. Commercial type dryer FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) This request has already been approved in the 1998 capitol outlay budget for this department at $2,000.00 we have Qotten and estimate of the two items at a cost of $1049.95 for the washer and $599.95 for the dryer The only additional cost would be for installation parts if needed as install to our facilities is free ADDITIONAL INFORMATION ATTACHED CoPY of estimate Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by:Kim Kallestad Fire Chief Date: 11-03-1998 FRO~ : WARNERS STELL I AN APPL lANCE Name \.~TILL W4Y~!<. Address City Phone # ,_15'( -1./1~ Work # SHIP TO: Name Address City PHONE NO. : 612 645 8581 Oct. 25 1998 04:09PM Pi WARIIElIS' STELLIAN r;)/2E" Df'PT.; A-rTN: ~ Jf) Jil'i !?ELL - . . State Zip FAX # ~ 1.'5'"/- 1/94D State Zip METHOD of PAYMENT: Q Check QVisa a Discover Accoun1: # DELIVERY DATE: Tax Total . o Cash 0 Money Order a Master Card Q Stofe Credit COJAAfENTS: lf~ PST82S[N pH &lf5 - 3L-{~1 rA~ 045 u 357; I - r:fl[( f)(LJvER-Y ~ J ~ 31AU {D (J(2.DPfP-- ['/1 sntl6 PAC/L /-rIE:5 Ft2(t P4{2../ u I;; tr1<A- J P rJe:(f)tO - r::(2E~ f.4f1UL AwAY SA1.ES Ft..OORt ORDER EHTAY FORM . 10/25/98 15:08 TX/RX NO. 1475 P.OOl II . MEMO To: From: SUL,Ject: Date: Mayor and City Council Steve Russell, Community Development Director Transfer of Property to Newman Realty November 5, 1998 v Excess road right of way along County Road 12 has been turned back to the City of Stillwater by Washington County as part ofthe final plat review for the Liberty Project (see attached map). An agreement with the County was entered into regarding future road improvements as a condition ofthe release (see attached). In turn because the land is not needed by the City for public purposes, it is being given back to the adjacent property owner (Newman Realty) for use in the Liberty Project. Proposed land uses in the area or the turned back land include road, open space, park and commercial use. The excess right of way will be added to the Liberty Project and developed according to approved plans. This area will be restudied over the next couple of months and come back to the City for final approval. Recommendation: Approval oftransfer of excess right of way from City of Stillwater to Newman Reality (resolution). . J\ttachrnent: 11ap . .-..-.-'..- t -*<<~\:jW : \ \ , e i ! ! i )'-""" ~-,'.' "....__, "-.-...~.._~_J_.._ .'.__. t_.__~_ , , ~ i I I I L___ .J ~ . . - . . ~ i ; ~ , . I::::::::"':::::::::'--~ , , " ~ . I ij I g !. . /"/--"!\'\ ---. I \" ..-------/.. r? - '--/'f~ ----~_-,.~ c:=r~ , ---- .- , ~ i ., ~ '--'-"~--i , 5 , !~ ----....~.~---...-~i , ~ I ! ij I r- --~-tJ _--~I -- ~! I j '._-'~~-""'--~-'-~."~'~~-'~'1 i ~ i .. ..+- ~ ----------1 .. ~ :---r-', :]l ji' ". Ii; 1 ~ 1 1; .. f /;;.. . -~l....:.;r"'...""""=;"'''',...,..,....''''.,.,....."..J'':r"'"''r'''''''"''''''~ , , ._~ ,..-/ ..,........--"',,..,-/ -\ -.--- \ ~~) ; ~.. t...... ,,,,- r .........---...~ ....----... _.- _.~....-- -,~-_.......--... / -" ...../. -...,..."".,..,.... ; ;....--, '--. -", " ""\........,...~ ....~ ~..,.-' -- -""'--- \ ./",,- ,-- ---_.~ !/~r~ I ~ I I I _~______ L_____~/ / / 1_~ -- _.-.......-_~-----y f l .. 5~ Location Map i .! /,'f / I If l r --_.~ ---,,"",-~-' . (t7,1f" '- ......'" ""'-........... ......'><-.....". .....""'....... E"'I "- R21W R.."OW Rl9W ~ TI2N f1 ! t T31N ~ vl..... T.3ONN :'. nON r~F'I~ n'N '12m I.. ~l J' I!. , '~ nx!I rn n"" Ii' I-J r;,'---1 ~ 'I'ml "f I / n", t., . 1 I """"-"'-J. IWW R2IW L"OW q,. TI",t , I DlNI i.....,_ .. i Vicinity Map .t ~'!-rJ("',~ '~~r--' r o 313 Scale in Feet )5 TI'h,~I,~l'KIAo'.wm"r.uon .-..:lr.Qrodualonof~,...eon:...1h..,. 1OO.'II''"~..........W.,~CO<.Tlt'follc" TIl.ar--..,Slloul4b.....flIlDo',.....-.:. put;ooU1C1Ny WiKlWIQtOtICourttylSrIOI: fflIlOIt"tO'-'orony~$ So.ll"c. W~COUI'tY$urY.)Uf'10mc. Pnont(lfI21'.lQ.Ur5 PS!'e..d.....~ll'lroo.JOl'lOctoc.rJl.'!nS WASHINGTON COUNTY DEPARTMENT OF PUBLIC WORKS PARKS, HIGHWAYS. FAclLmES 11660 MYERON ROAD NORTH, STILLWATER, MINNESOTA 55082-9573 651-430-4300 Facsimile Machine 651-430-4350 Donald C. Wisniewski, P.E. Director Public Works/County Engineer John P. Perkovich, Deputy Director Operations Division Douglas W. Fischer. P.E. Deputy Director. Tech. & Admin. Div. Sandra K. Cullen. P .E. TrafficfTransportation Engineer Marvin E. Erickson, Facilities Manager October 19r 1998 Mr. Nile L. Kriesel City Coordinator City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Liberty-on-the-Lake Plat / Planned Unit Development Intersection of CSAH 1 i and CSAH 15 Dear Mr. Kriesel: It was a pleasure to meet you, Klayton Eckles and Steve Russell October 6th at your office. r am looking forward to working with the City on this and many other projects in the future. . As mentioned at the meeting, we agreed that it would be helpful if we had a written understanding of some of the issues surrounding the right-of-way and access issues regarding the Liberty-on-the-Lake site development. To that extent, I have included in this letter those issues that were discussed and the appropriate action to be taken by each agency to ensure implementation of those actions. To formalize this understanding, I have included a signature line for both the City and County at the end of this letter. Historv Since 1995, the City and County have cooperatively reviewed future developments of the former Stillwater Township property bounded by CSAH 15 (Manning Avenue) on the west and CSAH 12 (75th Avenue) on the north. The majority of this property is owned by Robert and Paula Kroening, although CPDC also now owns a portion of this property. Site development reviews have been performed prior to annexation of this property by the City, for the Newman Homestead Properties as proposed by Charles Cudd Company, and most recently the above-referenced Liberty-on-the-Lake Development proposed by Contractor Property Development Company (Homer Tompkins). Through all of these discussions, the County has held a very consistent message regarding access and right-of-way dedication: . · 300 feet of right-of-way (150 feet each side) of CSAH 1 5 due to its probable reclassification as a principal arterial highway. · Access onto CSAH 15 limited to collector streets every Yz mile. · Sufficient right-of-way is already available along CSAH 12. · Access onto CSAH 12 limited to every % mile or, for non-continuous streets, every 1/8 mile. · Provisions for the incorporation of the County's "Linear Parkway" along the CSAH 1 5 corridpr. Mr. Nile L. Kriesel October 19, 1998 Page 2 In December of 1997, the City submitted the Liberty-on-the-Lake plat to the County for review. Through discussions and negotiations with the City, the County agreed to the following conditions for accepting the plat as presented: . · Liberty Avenue access onto CSAH 15 was acceptable, · A full access intersection of Settler's Way on CSAH 15 would be allowed 1,050 feet south of CSAH 12, · A full access intersection of Rutherford Road on CSAH 12 would be allowed 1,100 feet east of CSAH 15, · The City would be responsible for the construction of center left turn lanes at Liberty Avenue, Settler's Way and Rutherford Road must be completed at the time of their construction; the cost of constructing the channelized intersections of Rutherford Road and Settler's Way will be born by the City at the time the Co-unty reconstructs the intersection of CSAH 12 and CSAH 15in1999, · Only 110 feet of right-of-way will be required along the east side of CSAH 15 (originally the County had requested 150 feet), · Right-of-way in excess of 110 feet along the south side of CSAH 12 will be released to the property owner, · No other access between Manning Avenue and Rutherford Road, and 75th Avenue and Settler's Way will be allowed, · The private driveway and screening of the property opposite Rutherford Road needed to be addressed prior to allowing a break in access along CSAH 12. . The December 1997 plat was the plat that the County had to review and was being used as the basis of its comments. Most recently, the County received a new plat on August 8, 1998 that replatted the property into various subdivisions with numerous outlots. This revised plat raised the following concerns from the County: · The right-of-way dedication requested along CSAH 15 is not clearly defined, · The dedication of access control along CSAH 1 5 is not clearly defined, · The creation of numerous outlots as a part of this plat make the above two issues ambiguous. To discuss and resolve these issues, the County and City met on October 5, 1998. As a result of this meeting, the following Statement of Understanding was reached between the City and the County: Statement of Understanding 1. The County is proposing the reconstruction of the intersection of CSAH 12 and CSAH 15 in 1999. Based on the functional classification of these roadways and to provide for the roadway, drainage and off-roadway opportunities, the County will need 110 feet of right-of-way from the centerline of the new roadway to accommodate this new construction. Per the County's standard cost sharing agreement, the City will be responsible for obtaining this right-of-way, either through acquisition or dedication of . right-of-way through the platting process. With regards to the Liberty-on-the-Lake plat, Mr. Nile L. Kriesel Ot;;tober 1 9, 1 998 Page 3 . this right-of-way (110 feet) should be reserved by dedication or platting of temporary outlots until such time that the final design layout has been developed. Right-of-way will be required along Manning Avenue from CSAH 12 south to the Township outlots as denoted on the plat. Upon determination of the final layout for the CSAH 15 reconstruction project, the City will grant to the County the required right-of-way, as noted above, up to 110 feet. 2. The County owns in excess of 110 feet from centerline along the northerly boundary of the plat (CSAH 12). Upon successful granting of the right-of-way along CSAH 15 from the City to the County, this excess right-of-way along CSAH 12 will be granted from the County to the City (or adjacent landowner as directed by the City). 3. The County agrees to the access locations of Rutherford Road, Settler's Way and Liberty Avenue as shown on the plat received August 8, 1998. As a condition of granting these accesses, the City shall be responsible for the cost associate9 with providing channelization for Rutherford Road and Settler's Way in conjunction with the proposed 1999 reconstruction of CSAH 12 and CSAH 15. These costs may include, but not limited to, additional pavement widening, raised concrete medians, signing and striping. . 4. The County owns access control along CSAH 12. No other access other than Rutherford Road as shown on the plat will be allowed. Access control along CSAH 15 should be obtained with exceptions for Settler's Way and Liberty Avenue as shown on the plat. The City will coordinate the development of the outlots shown on the plat in such a manner that all outlots can be served internally via either Rutherford Road, Settler's Way or Liberty Avenue. This preceding Statement of Understanding clarifies and resolves the issues the County has regarding the Liberty-on-the-Lake subdivision. As previously stated, to formalize this understanding, I have included a signature sheet to be executed by the City and County which will use this letter and Statement of Understanding as the framework for acti.ons required by the City and County as the Liberty-on-the-Lake subdivision is developed and as the CSAH 1 2 I CSAH 1 5 reconstruction project is defined. Thank you again for meeting with Washington County on this very important issue. I look forward to working with you on this and many other projects within the City of Stillwater in the future. . I hereby acknowledge the letter dated October 14, 1998 and the incorporated Statement of Understanding as attached herein. CITY OF STILLWATER WASHINGTON COUNTY Recommended for Approval ~ U. , """ t.:(~ K!ayton ~ckles - f..c,.k;[t5, CIty Engrneer Recommended for Approval Donald C. Wisniewski Director of Public Works/County Engineer Approved: Approved: Nile Kriesel City Administrator Jim Schug County Administrator c:#'~~ Mayor Dennis Hegberg Chair, County Board Approved as to form: City Attorney Assistant County Attorney ... IMGNOLLA IWORDlOWFlKRIESEL . . . . . . RESOLUTION NO. A RESOLUTION WITH REGARD TO COUNTY ROAD 12 RIGHT-OF-WAY AND THE LIBERTY ON THE LAKE PROJECT WHEREAS, the City Engineer and Community Development Director have met with the Washington County Engineer and staff members from both governmental units on an ongoing basis since 1995 with regard to the coordination of Liberty on the Lake plat improvements and access to County Road 12; and, WHEREAS, an agreement has been reached by the City Staff that is recommended to the City Council as set forth in a Memorandum of Understanding dated October 19, 1998; and, WHEREAS, based upon the Memorandum of Understanding, a conveyance of access right-of-way has been made to the City and the access right-of-way, in turn, transferred from the City to Newman Realty, Inc. for development according to the approved plans. NOW, THEREFORE, BE IT RESOLVED: That the Cooperative Agreement and Statement of Understanding, as prepared by the Washington County Department of Public Works dated October 19, 1998, is hereby approved and the Mayor, City Coordinator and other appropriate staff are authorized to execute and implement the document and the City is authorized to accept and instrument of conveyance of the unused right-of-way and to reconvey the access right-of-way to Newman Realty, Inc. and the Mayor, City Clerk and other appropriate staff are authorized to execute and implement these instruments of conveyance. FURTHER, that the authority granted by this Resolution is effective Nunc pro tunc on October 20, 1998, and all documents and instruments of conveyance are ratified accordingly. Enacted by the City Council of the City of Stillwater this 10th day of November, 1998. CITY OF STILL WATER Jay 1. Kimble, Mayor ATTEST: Modi Weldon, Clerk . . . Memorandum November 3,1998 TO: Mayor and City Council FROM: jL-c\/// Klayton H. Eckles City Engineer SUBJECT: 1998 Sidewalks Project 9817 DISCUSSION: The 1998 Sidewalk project has been satisfactorily completed. The contractor has submitted all the required final paperwork and requests approval for [mal payment. The one-year wan:<n;1ty will become effective once Council accepts the work and approves final payment. . RECOMMENDATION: I recommend that Council accept the project and approve final payment to Bailey Construction in the amount of$24,471.75. ACTION REQUIRED: J If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 98-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 1998 SIDEWALK IMPROVEMENTS (pROJECT 9817) RESOLUTION 98- . ACCEPTING \VORKAND ORDERING FINAL PAYMENT FOR 1998 SIDE\V ALK IMPROVEMENTS (PROJECT 9817) \VHEREAS, pursuant to a written contract signed between the City and Bailey Construction for 1998 Sidewalk Improvements (project 9817) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $24,471.75 on such contract, taking Bailey Construction's receipt in full. Adopted by the Council, this 10th day of November, 1998. Jay Kimble, Mayor . Attest: Morli Weldon, City Clerk I . . . . Memorandum November 3, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles ~~ City Engineer SUBJECT: Fourth Street Ravine Project 9726 DISCUSSION: The Fourth Street Ravine project is now satisfactorily completed. The contractor has submitted all the required [mal paperwork and requests approval for final payment. The one-year warranty will become effective once Council accepts the work and approves final payment. RECOMMENDATION: I recommend that Council accept the project and approve final payment to M.J. Raleigh Trucking, Inc. in the amount of$8,606.89. ACTION REQUIRED: J If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 98-_, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR FOURTH STREET RAVINE IMPROVEMENTS (pROJECT 9726) RESOLUTION 98- . ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR FOURTH STREET RAVINE IMPROVEMENTS (pROJECT 9726) WHEREAS, pursuant to a written contract signed between the City and M. J. Raleigh Trucking, Inc. for Fourth Street Ravine Improvements (Project 9726) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the [mal payment of$8,606.89 on such contract, taking M.l Raleigh Inc.'s receipt in full. ' Adopted by the Council, this 10th day of November, 1998. Jay Kimble, Mayor Attest: . Modi Weldon, City Clerk / . . . . r illwater ~ - - ~ ---- ~ THE BIRTHPlACE OF MINNESOTA J REQUEST FOR INSTAllATION OF BANNER 1. APPLICANT 2. ORGANIZATION 3. TELEPHONE Lf.i9-$/t'cJ / . ADDRESS 4. ACTI~TE~Y PROP?SED BANNERS: . c uJ~~ . { 5. / BANNER LOCATION REQUESTED: i Main Street at Olive Street (Mad Capper)* North Main Street - 100 Block (Kolliners)* Chestnut Street at Union Alley (Firstar Bank) 6. *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: ~ - ~ COMPANY INSTAL~ --:::t6 ~ · Address ;?;;\;( . Phone 3,d 1 10m 7. BANNER REQUIREMENTS ATTACHED CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 .' . '-~ ,'"' Resolution No. 98 - 287 Appointing Year 2000 (Y2K) Coordinator WHEREAS the City of Stillwater recognizes that the Year 2000 problem involves more than just a computer issue; and WHEREAS the City recognizes that all of its departments and services may be impacted by the Year 2000 problem; and WHEREAS the City has adopted a policy establishing the Year 2000 problem as a top priority for all city operations; and WHEREAS the City in this policy sets forth its commitment to identify, address and resolve potential problems created by Year 2000 issues and to make its best effort to ensure continuity of essential city Services; and WHEREAS the City's efforts to minimize the potential impact of the Year 2000 problem will likely involve multiple city operations and outside organizations; and WHEREAS the City believes that coordination of all persons working on the Year 2000 problem on behalf of the city is essential to the efficiency and effectiveness of the City's overall Year 2000 effort; and ' WHEREAS the City pledges to create contingency and community preparedness plans to reduce the possible effects of computer and operational system failures throughout the community; and WHEREAS the League of Minnesota Cities has requested that cities designate a contact person to receive information on the Year 2000 problem; NOW THEREFORE BE IT RESOLVED that the City of Stillwater hereby appoints Chantell Kadin, Administrative Assistant to serve as the City's Year 2000 Project Coordinator. Adopted by the Council this 10th day of November, 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk ~ " PLANNING APPLICATION REVIEW FORM CASE NO. V/98-61 . Planning Commission Date: October 12, 1998 Project Location: 114 Lakeside Drive Comprehensive Plan District: Bluffland/Shoreland District - Single Family Residential Zoning District: RA Applicants Name: Jon and Deanne Stratte Type of Application: Variance - Bluffland/Shoreland District Project Description: A request to construct a garage addition with a 27 foot setback from bluff, 40 feet required. Discussion: The application is to construct a 11' x 15'4" addition to an existing garage so that a portion of the existing garage can be converted to bathroom and laundry area. The project is needed for health reasons. The site plan includes elevation plans and floor plans. Landscaping would be replaced on the . west side of the garage. The structure design will not be taller than the existing garage. Pictures are submitted with the application they demonstrate the inconspicuousness of the addition as viewed from the river. The St. Croix River is located on the east end apposite end ofthe residence so visually the addition can not be seen from the river. Recommendation: Approval. J Conditions of Approval: 1. Landscaping shall be installed per applicant. 2. DNR certification shall be received before building permits are issued. Attachments: Plans CPC Action on 10-12-98: +7-0 approval . 4 <i . . . Planning Commission Oct. 12, 1998 Mr. Zoller moved to deny the request; motion died for lack of a second. Mr. Weidner, seconded by Mrs. Bealka, moved to approve the request as conditioned. Mr. Russell suggested adding the condition that there be no non-resident employee as required by ordinance; Mr. Weidner and Mrs. Bealka agreed to add that condition. Amended motion passed 5-2, with Mr. Zoller and Mr. Wald voting no. Public Hearing on 62nd Street area plan Sherri Buss of Bonestroo, Rosene & Anderlik briefly reviewed the plan, highlighting storm water management, traffic circulation, land use, and parks and open space. Jon Engelking, 1220 Nightingale Blvd., initially stated he was generally pleased with the plan. He noted there had been some talk about the possibility of moving a green space area a little farther south. Ms. Buss said engineers will determine the exact location during feasibility studies. Mary Jo Krenik, 1165 Nightingale, asked whether there had been any consideration given to a meter control gate for Brewers Pond. Ms. Buss responded there will be a control structures at the ponding areas, which should improve the water quality of Long Lake. Ron Pinc, representing Mr. and Mrs. Sid White, owners of property at 6286 Stillwater Blvd, asked that a two-acre parcel of property the Whites own along Stillwater Boulevard (Highway 5) be increased in density, to 18-20 units per acre, from the townhouse density as indicated in the plan. Later in the discussion, Mr. White asked that consideration be given to the request for increased density. Tim Nolde, potential developer of the Whites' property, indicated a willingness to work with neighbors. Richard Huelsmann, 12610 62nd St. N., said he was satisfied with the proposed plan, but was surprised to hear of the proposed density change and would be opposed to any increase? density. He also stated he hopes that the cul-de-sac on 62nd Street will be constructed as soon as possible. He also suggested that as part of the long-range plan, the two ponding areas south of 62nd Street and north of Highway 36 be included in the plan. It was the consensus of members to add the future ponding areas to the plan. Jon Engelking expressed his opposition to any increase in density, as did Phil Martin, 1018 Nightingale Blvd; a resident at 650 Nightingale; and Susan and Dan Whalen, 1180 Nightingale Blvd. Art Junker, 1164 Parkwood Lane, asked about paths connections. Ms. Buss said the path/trail plans will be developed in more detail during the feasibility study. Laurie Maher, 3018 Marine Circle, questioned the impact on the level of Long Lake if changes aren't made to the outlet at the north end of the lake. Ms. Buss and Mr. Russell responded that the AUAR is being followed. 6 Planning Commission Oct. 12, 1998 David Green, council candidate from Ward 4, questioned the size of the proposed park/open space, spaces that are not accessible to residents as awhole, and suggested that in some instances it may be better to accept fees in lieu of park dedication. Mr. Fontaine closed the public hearing. Mr. Rheinberger, seconded by Mr. Wald, moved to recommend approval of the plan as presented. Motion passed unanimously. Mr. Wald moved to adjourn the meeting at 10:35 p.m. Respectfully submitted, Sharon Baker Recording Secretary / 7 ~ \/ . . . -. ..; . . . Resolution No. CPC 98- Approving the 62nd Street North Area Plan Whereas, the City of Stillwater City Council did adopt the Comprehensive Plan for the City of Stillwater on December 12, 1995; and - Whereas, the City of Stillwater and Stillwater Township did approve an Orderly Annexation Agreement for the expansion of the City; and Whereas, the Comprehensive Plan Land Use Map does provide general land use direction for the future development of the expansion area; and Whereas, additional detail planning and study of stormwater, circulation, parks and opens pace conditions is necessary in the 62nd Street Study Area to provide direction of the coordinated development of the Phase I Expansion Area; and Whereas, the City Council did approve a scope of work and direct the preparation of a 62nd Street North Area Plan as an element ofthe Comprehensive Plan; and Whereas, notified workshops and public meetings were held June 11, August 13 and public hearing October 12, 1998, to identify area issues, review alternative plans and select the preferred plan; and Whereas, public notice was given to all area property owners and residents that may have interest or be impacted by the plan; and Whereas, after reviewing the plan information and alternatives, the Planning Commission did approve the 62nd Street North Area Plan. J Now, Therefore, Be It Resolved, that the Planning Commission does recommend the 62nd Street North Area Plan for approval to the City Council as consistent with and a part of the City's Comprehensive Plan. Approved this 12th day of October, 1998, by a +7-0 vote. ~ -~ __ .4/~ ~~ _.~ Planning Commission Chairperson Attest: //~ - /L --- I~ -(t-~ 7 ~ Steve Russell, Community Development Director .~-, . ~~' . > ....... MEMORANDUM . TO: Planning Commission FR: Steve Russell, Community Development Director V' DA: October 8, 1998 RE: 62nd Street North Area Plan Public Hearing Background The Comprehensive Plan (1995) provides general land use direction for the future development of the North 62nd Street Plan Area. Besides general land use, other planning issues for the area are transportation, parks, trails and open space, utilities and storm water facilities. These issue areas were not specifically addressed in the Comprehensive Plan and needed consideration before development began in the newly annexed 62nd Street Plan Area. The 62nd Street North Area Plan provides policy detailed project specific direction for the above-mentioned areas. North 62nd Street Area Plan plan preparation began June 1998 with an issues/opportunities public meeting. Notices were sent out to plan area property owners and others living in the area (300+). After the June issues meeting a follow up alternatives meeting was held in mid August. Additional work was needed based on comments at the August meeting in the area of hydrology and runoff. That work has been done and is included in the fInal plan document. . At the August meeting, the Planning Commission heard public comments mainly regarding storm water run off and the proposed street system. The Planning Commission considered the plan alternatives and comments at a Special Planning Commission meeting held on August 31, 1998. At that time, the Planning consultant and staffwere directed by the Commission on which plan alternative should be included in the fmal plan document. I Public Hearing. The public hearing tonight is the cumulation ofthe Planning Commission, consultation and development of the plan. The adopted plan will become a part ofthe City's Comprehensive Plan development and provide a basis for actual development in the area when it occurs. Recommendation: That the Planning Commission hold a public hearing, adopt the plan and recommend it to the Council (Council Meeting November 10, 1998) for adoption as part ofthe Stillwater Comprehensive Plan ( resolution). Attachment: 62nd Street Area Plan and Map. . ..;;l" ,~. '. '. . PLANNING APPLICATION REVIEW FORM CASE NO. SV/98-67 Planning Commission Date: October 12, 1998 Project Location: 404 South Grove Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Frank Biedny Type of Application: Street Vacation Project Description: A request to vacate the south 25 feet of Oak Street west of Grove Street. Conditions of Approval: 1. Utility easement shall be extended 15 feet from the storm sewer line subject to City Engineer approval J Recommendation: Approval of vacation of the south 10 feet of Oak Street right of way west of South Grove Street. Attachments: Petition and map. CPC Action on 10-12-98:b +7-0 approval ~, r + Qtil~ate\ THE BIRTHPLACE OF MINNESOTA ~ . CITY OF STILLWATER PETITION TO VACATE PUBLIC STREET The undersigned hereby petition that all that portion of ThE'> South 25 feet of Oak Street, alonq the North Side of Lot 1, Block 6, McKinstry & Seeley's Addition to Stillwater, Washington County, State of Minnesota abutting Lots 1 , Block 6 McKinstry and Seeley's Addition, in the City of Stillwater, hereby be vacated. (North 10 feet of Oak Street vacated by Resolution No. 8107 as re- corded in the office of the County Recorder, Washington County, Mn Name Address (//(~~J(u ~~Lv() . ~/ / <oJ J2-/ ,,-'1 ' , ,~2 ,.--0, --V/l-e:-Z rt::..., ,~t IJ, ~(( c9J1J2~~~ 4-0"3 &rfvoG 5+ U) 90- b~ t- . Lj 0'3> S tJ zo,,, \ oc \c.. \'~ 3 fro 5, Gfa vc:- 5"-f: *Attach a map showing the street to be vacated Fee $100 ~ Receipt No. ~ J../ ! g- ,t) I,) 'tY ~ I . ,r) i'-' , I I I, ,I ! ,^ I \" !,,- ',.1" ,- /, ~ : """ Ov r ,-. ,.... '-C ~,.I i......(... CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE 612-439-6121 LOTS 1 AND 2. BLOCK 6. McKINSTRY AND SEELEY'S ADDITION TO STILLWATER. TOGETHER WITH THE SOUTH HA LF OF VA CA TED OAK STREEt. WASHINGTON' COUNTY. MINNESOTA. - :3 "- ex CA1c. \.l ~A~\t4 PROPOSED NEW PROPERTY LINE . 0 'To? = 6loS.8S 0\' ~TOR",\ ~c=:.w e. ~ ICl .' ,tool". -:B<oa.to S , SOlo GARAGE Cb..1i H 1OA~\N ',of'= 86~. Ua VACATED 36 It.1\l. :: .f . 0 ~ OAK OAK STREET 1-' w W c:::> J ~ co "A" 10. 26 SF I- -.:r en ~ ~ - I , K ~ ~ ~ - . w ~ ~ ~ > - at 0 ~. . "- CD ~I . ~8 v c). . . :0 . . c:::> r- I c:::> -... co --;?' +'--. , . Planning Commission Oct. 12, 1998 . Present: Chairperson Jerry Fontaine Glenna Bealka, John Rheinberger, Don Valsvik,Darwin Wald, Terry Weidner and Terry Zoller Others: Community Development Director Steve Russell Absent: Russ Hultman and Kirk Roetman Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Mr. Wald, moved approval of the minutes of Sept. 14, 1998; all in favor. Case No. SUP/98-60 A subdivision request to subdivide a 21,000 square foot parcel into three parcels of 2,900 square feet, 4,200 square feet, and 13,900 square feet at 219 N. Main St. in the CBD, Central Business District. Mainstream Development Partnership, applicant. Vern Stefan and Tim Stefan were present for the discussion. Mr. Rheinberger, seconded by Mr. Valsvik, moved to recommend approval as conditioned; all in favor. . Case No. SUPN/98-59 A resubdivision of Lots 1 and 2,Block 2, plus a 10 foot easement area, McKinstry and Seeley's Addition at 404 S. Grove St. in the RA, Single Family Residential District into two lots of 10,095 square feet. Russ Kurth, Kurth Surveying representing Frank Biedny, applicant. Case No. SV/98-67 A request for a street vacation of the south 25 feet of Oak Street, along the north side of Lot 1, Block 6, McKinstry and Seeley's Addition in the RA, Single Family JJ Residential District, Frank Biedny applicant. Mr. Kurth and Mr. Biedny were present for the discussion. Mr. Kurth questioned why the recommendation was for the south 10 feet only; he said he though the north half of the street was already vacated. Mr. Russell explained it was the city engineer's recommendation that 15 feet is needed to accommodate possible future repairs to the storm sewer. Mr. Russell said the exact location and depth of the storm sewer needs to be verified; based on that information, the easement could be adjusted. Mr. Fontaine suggested that perhaps the approval should be stated as 15 feet from the storm sewer rather than a 10 foot vacation (easement). Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the street vacation (easement) 15 feet from the storm sewer line; motion passed unanimously. Mr. Valsvik, seconded by Mr. Rheinberger, moved approval ofthe resubdivision request. Mr. Zoller asked if Mr. Biedny would meet the lot size requirement ifthe street vacation is less based . 1 ,. 1 .. Planning Commission . Oct. 12, 1998 on the location of the storm sewer. Mr. Russell said the minimum lot size requirement would be met; if the vacation is less, it would limit the design of a new structure that could be built on the lot. Motion of approval passed unanimously. Case No. V /DR/98-18 A variance to the side yard setback (10 feet required, 3 feet requested) for construction of a 55 ft. x 55 ft. two-story classroom addition and a 50 ft x 70 ft. ambulatory addition at 214 Third St. N. in the PA, Public Administrative Office District. James Whipkey and Bob Ayres, representing Ascension Episcopal Church, applicant. Present for the discussion were James Whipkey, Bob Ayres and Jane Stillman representing Ascension Episcopal Church. Mr. Whipkey reviewed the design plans. The addition will be constructed of the same type of materials and detailing as the existing structure. The existing parish hall will remain, with additions constructed on both ends. The additions would be no closer to the property line than the existing structure. The Third Street access will be maintained. Mr. Zoller raised a question about parking. Mrs. Stillman responded that the addition will not increase parking needs; the sanctuary itself is not being expanded. Also, the addition will not result in any loss of existing parking spaces. Mr. Valsvik noted that according to an SEH study, there is no parking problem along Third Street. . Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned. Mr. Whipkey said they were aware of all the conditions and had no problem with any of the conditions. Motion . passed unanimously. Case No. V/98-61 A variance request to bluff setback (40 feet required, 23.4 feet requested) for construction of an addition to a garage at 114 Lakeside Dr., in the RB, Two Family Residential and Bluffland Shoreland District. Jon and Deanne Stratte, applicants. Mr. and Mrs. Stratte were present. j/ Colleen Weiss, 107 Lakeside Dr., spoke against the request and provided a letter for the record (attached). Also provided for the record was a letter from the Lakeview Harbor Association signed by Mark Smith, president, indicating the Association was not opposed to the request. Mr. Russell noted the Stratte property is in the BlufflandlShoreland District. He said Mrs. Stratte had taken pictures showing the addition would not be visible from the river. He also said the addition would have no impact on the Weiss' view of the river. Speaking in favor ofthe request were Mary Mann, who stated the Strattes' request is based on a necessity, and Pat Rousseau, 120 Lakeside Dr. Bob Knox, treasurer ofthe Lakeview Harbor Association, said he did not sanction or write the letter from the Association; however after reading the letter, Mr. Knox said he had no objection. Mr. Zoller asked whether the letter was . 2 ,-~ 1" . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUBN/98-59 Planning Commission Date: October 12, 1998 Project Location: 404 South Grove Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Frank Biedny - Russ Kurth, Kurth Surveying Type of Application: Subdivision Project Description: Resubdivide two lots and right of way into two lots of 10,125 square feet each. Discussion: This requested subdivision is contingent upon approval ofSV/98-67. If the utility easement vacation is approved, the subdivision can be considered. If the subdivision is approved, the existing residence would be removed and two single family residences constructed, one each lot. The lot sizes would be 67.51' x 150' or 10,125 square feet, 10,000 square feet is required in the RA District. Because of required utility easements, the northerly lot would be narrow having a development width of 67.5' - 25' (utility easement) or 42.5'. A narrow house could be constructed on the 42.5' lot. A 5 or 10 foot sideyard setback would be required from the south property line depending on garage location. Recommendation: Approval. Conditions of Approval: J 1. The design of the residence on the narrow lot shall be reviewed by the Community Development Director before a building permit is issued. CPC Action on 10-12-98: +7-0 approval .. ."" PLANNING APPLICATION REVIEW FORM CASE NO. SUBN/98-59 . Planning Commission Date: September 14, 1998 Project Location: 404 South Grove Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Russ Kurth - Kurth Services, representing Frank Biendy Type of Application: Subdivision and Variance Project Description: A request to add 10' x 150' to existing lot and resubdivide into two lots of 10,095 square feet each. Discussion: The request is to add 10 feet to an existing lot creating a 150' x 135' or 20,250 square foot lot and subdividing into two lots of 10,095 square feet each. There is an existing house at 404 Grove Street on site. The house is in poor condition and would be demolished to make way for the subdivision and construction of two residences. The lot area requirements are met. In reviewing the request, it was discovered a utility easement is recorded over the old Oak . Street right of way. A storm sewer and water line is within the easement. A request to vacate the easement would need to be submitted to allow construction over the easement. With the easement in place, the maximum building lot frontage with required setback is 25 feet. The utility easement issue should be decided before the city proceeds with the subdivision request so we do not create a lot that is not buildable or requires a variance based on zoning requirements and utility needs. 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" , """n"qj """"u,, mmm". 1 I Location Map f \U !~ ~ o S!. l 50 i 50 ("" "...""-"",,,,,,..~._.L__"_"m,,_'" 1 i !~ , i ! 7 (0015) t~"~"^"'--'~'''''~''''''~-''-''''''''''~'~T-'~''~ j i ! ! 10 8 ill') I , ~'"---_.,."',.,w,,,..,''''w___''''' , I~ i 1 (0017) ..".:w..,,_!~. ~w/l o LI') 150 12 130 o (Y) 11 o LI') 10 (0030: ~ ~ o LI') (0029) 150 VAC -- 12 100.3 R2JW R20W RJ9W 132Nr r J 13m Ii1t 13INI I jnlN . ' , 'l. I YOU....... noN "'"' ~!11 . I"\"=a"" T29N I I T29N Ii, TlBHJ- I 1 T28N T1md-.r-l/,H' T1m ,d I I c ' R22W R2IW R.2OW 9 / 9 o 73 Scale in Feet J 8 Tni$ dTawinll is ~ tMUIt of 8 eompllebon W\4reprooudionQtlandreC01UJuttley app..rinveriousW.ningtoIlCOUIltyotlk:.. Th.drtWingsi101Jldb'\I!5.dfor",~ purpous onll/, Wshingtnn COl,IfltI/l$ not ,"pMlSibW for a'II/ll'IeCCtlrtCWS Sourll': Washington Counl\l SUfV.joOI"s OIfiC1l PllOM(~121.43l).61J1S P~~etl,",olUlrough:S'l)tMb.30, li98 ~, , Case No: ~~ Jv ! tjJ~' Date Filed: b . 2-B ' "f fJ Fee Paid: ,'2J;=)- Receipt No. : (() I '2:> l 0 S . PLANNING ADMINISTRATION FORM .- -.... " ...1.1 _, .... ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 - Certificate of Compliance $70 - Conditional or Special Use Permit $50/200 ~ Design Review .$25 - Planned Unit Development* $500 1-' Variance . . $70/200 - Comprehensive Plan Amendment* $500 - Zoning Amendment*, $300 Subdivision* $100+$50/lot -X. Resubdivision $100 Total Fee . .. - , *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any applicatlon. PROPERTY IDENTIFICATION . __" .. ..1.1 . ..,. Address of Project L\~4. ~o. ~Q..o'-l~ "S""'t". Assessor's Parcel No. Zoning District Description of Project \3 ~, c.... ~\ ~ a... \:::).s "-0 L.\ ~ \ C:l "-1 '\ ~O~ OS ~l-\\" "/ hereby state the foregoing statements and al/ data, information and evidence submitted herewith in al/ respects, to the best of my know/edge and belief, true and correct. I further certify / will comply with the permit if it is granted and used." Properly Owner ~ ~ ...'" "- ~'G ~~ '( Representative i?".., -\(<.\lU1J,. ~ s".,. t. ~,.oCQ 6S\ Mailing Address \ 15'-\'-\ - \ <.. 'b"" G ~ C ~ Mailing Address 4oo,:JE~l2i: V ~": s,.. c., \, ~~ Telephone No. SI- -,. TelePh~ Ne. ~'\~~ . q;Lf Signature Signature~Q 1.35'" SITE AND PROJECT DESCRIPTION '- <a~t~"t l'-1e:. c.o~t:lI-r\O~~ 1.;, Lot Size (di~ensions~ x \ a:.;.c> Total building floor Area \ \ S 0 :t sq. ft. ~A1N-P.\.R.." Land ~r~a", '~~ OS c.. ":.. S ~ , Existing .. sq. ,ft.- ". ,. Height of Buildings: Stories Feet Proposed sq. ft. . Principal?- Paved Impervious Area C> sq. ft. . Accessory ~ tJ .J. ~ S,I.- Number of off street parking spaces provided C Revised 5122/97 It i' - ~ ~ w z ::l w (OlO7) - so so so ~ w - w z ~ " 2 1/" 6 ~n-! f ~ ~~ J so lli ~;: 13 ~ '1:-1.' 3 'A : I~: i ~ i \ I~ fO -I I \ 10 - , t- . 50 "" , STREET CONV~ fJ'f { 11 50 11. 7"" 2 - 1 - a ~~8 77 7t ,",OS 150 a 5 - ; ~ 150.11 1 8 ~ 1 60 , ~ati\!n M1~ I lil::: U o ...J :2 w :c :c I- ::l o (/) 60 90 - - """ 85 :I ~ ~ ~ f 70 ...., - so 3 1-0 f7 50 12 "" ~ ~ C!) so so :c- I- ::l o (/) VACA7ED WES70AK STR_EET PER 7S73" lSO ~ 8 ..', ~ '1 II 10 3_ -,.. - .~ 9 --U ~ 0 - a:: C!) 50 so so RAMSEY 190 90 (do) ~ w w " ~ -. CSAH 5 ---- 5 4 ~ i i ~ EEL EY'~ { so 50 50 8 7 - - 8 9 - 150 8 8 8 II 8 7 - 150 BOOK V BONOS, PAGE 13: CTO ET 12 8 10 - - v " 9 8 7 ~ 50 50 so STREET 100 ~ 10 ..... -.-rrGAP 6 50 LAKESHORE PER 1991 AERIAL PHOTO 100 90 (do) 90 50 (OlO7) 2 i ~ i I- W W a:: 8 ~ 11 8 8 150 5 '*> ~ 6 .... 8 150 2 .... :c 8 !:: 3 '~ ~ 8 5 - 4 ~ so 50 250 ~ 60 45.15 os - os (<llil4, - 6 ~ 50 8 8 ..." ! i .... "3 25 { ~~ i {1 ~ ~D TIO~ ~ tii 50 ""0 I so W z;:;- 12 \ g: ..... 8(/) \8 .... P...~ 1 ! ~ t 20 so 50 ~ f t ~ ~ r0- t !! ffi u 11 11 8 8 8 8 VAC STR.EET 300 - ',80 - 5 i so 7 ...~ (0116) STREET 150 12 130 ..'. 10 ..... 9 ~ - ,1, JOHN ST so 50 7S - 2' - 150 1 2 ....., "') v 3 4 - "." J~ ,V - ~ 25 DOC ""'" -7 - 12 -.-rr ~4 100.3 7'00 ~ ~ 50 f--- ~ ti ! ~ i ~~ ~ ~ ~ 100.3 105.3 100 -ALLEY 1103 t; ! 100 1 - 100 ~ NOR ffiL ILY L:)TS. 4 5 6 - -- ~ 105.3 110 325 8 1;1 so · ;t o .. .25 (QlO1. :c I- ::l o CI1 ~ ~ ~ ::l ~ N ~ N 85 ! ....! :<! a:: W I- Z W U 25L lil lil i~25t.. o ~ (/) o ~ 85 If.. - 110 ,. ~ ~ T29N nSN n7N R22W R21W R20W ~ 8 - 8 - 8 - Vidnity Map 8 L. - ~ 8 L. o ~ - ~ I- . ~ o J 165 Scale in Feet o .. 1hil d....., iltIe ~.utora compillw.. and nlProduetklo oflllD m:onb IS the)' 1f:~:mv:::'==-iwC:~~'- ~bi:t~~;~~.Dlyis ool SWIU:WuhipgtonCountySurYC",n Ofti:e. Phone (612) 43o.6ll75 PaR:cldala cum:nl.lbrwCIl: AuCUS131,1998 . , August 28th, 1998 . Susan Fitzgerald City Planner-Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Regards: Demolition 404 Grove Street South Stillwater, Minnesota Dear Ms. Fitzgerald: In support of my request for demolition of the structure located on the real property located at 404 Grove Street, I have enclosed the following: 1. Site plat exhibit. 2. Location of structure on site. 3. New Site Plat exhibit with "Proposed New Property Line". 4. "Old Legal Description" together with "New Legal Description" exhibit. 4It 5. "Three Pictures of site. East, North, and South side of property. 6. "Sheriff's Certificate of Deed", dated the 20th day of January, 1998, to Frank Biedny. 7. Legal description of above real property: Lot 1 and 2, Block 6, McKinstry and Seeley's Addition to Stillwater, according to the plat thereof on file and of record in the office of the County Recorder, wi~hin and for said county. 8. "Warranty Deed", dated the 19th day of August, 1998, from Peter F. Cote and Denise M. Cote to Frank Biedny and Helene M. Biedny. 9. Legal description of above real property: The South 10.00 feet of the North Half of vacated Oak Street as vacated by Resolution No. 8107 recorded in the office of the County Recorder, Washington County, Minnesota on August 9, 1989 as Document No. 606817, prportional measure along the east and west lines thereof. 10. Surveyor's proposal for split and demolition. . 11. Kiteck Home Inspection Report of above mentioned property. " . . . 12. Lake Elmo Country Homes Inspection Report of the above mentioned property. 13. Community Development Department, City of Stillwater, "Planning Administration Form" for "Resubdivision" of the above mentioned property. Thank you. Frank Biedny 1544 l28th Av Blaine, Minn ota (612) 757-70 8 1 NE 55449-0000 J Planning Commission Oct. 12, 1998 Present: Chairperson Jerry Fontaine Glenna Bealka, John Rheinberger, Don Valsvik, Darwin Wald, Terry Weidner and Terry Zoller Others: Community Development Director Steve Russell Absent: Russ Hultman and Kirk Roetman Mr. Fontaine called the meeting to order at 7 p.m. Al'oroval of minutes: Mr. Rheinberger, seconded by Mr. Wald, moved approval of the minutes of Sept. 14, 1998; all in favor. Case No. SUP/98-60 A subdivision request to subdivide a 21,000 square foot parcel into three parcels of 2,900 square feet, 4,200 square feet, and 13,900 square feet at 219 N. Main St. in the CBD, Central Business District. Mainstream Development Partnership, applicant. Vem Stefan and Tim Stefan were present for the discussion. Mr. Rheinberger, seconded by Mr. Valsvik, moved to recommend approval as conditioned; all in favor. Case No. SUPN/98-59 A resubdivision of Lots 1 and 2,Block 2, plus a 10 foot easement area, McKinstry and Seeley's Addition at 404 S. Grove St. in the RA, Single Family Residential District into two lots of 10,095 square feet. Russ Kurth, Kurth Surveying representing Frank Biedny, applicant. Case No. SV /98-67 A request for a street vacation of the south 25 feet of Oak Street, along the north side of Lot 1, Block 6, McKinstry and Seeley's Addition in the RA, Single Family J Residential District, Frank Biedny applicant. Mr. Kurth and Mr. Biedny were present for the discussion. Mr. Kurth questioned why the recommendation was for the south 10 feet only; he said he though the north half of the street was already vacated. Mr. Russell explained it was the city engineer's recommendation that 15 feet is needed to accommodate possible future repairs to the storm sewer. Mr. Russell said the exact location and depth of the storm sewer needs to be verified; based on that information, the easement could be adjusted. Mr. Fontaine suggested that perhaps the approval should be stated as 15 feet from the storm sewer rather than a 10 foot vacation (easement). Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the street vacation (easement) 15 feet from the storm sewer line; motion passed unanimously. " . . Mr. Valsvik, seconded by Mr. Rheinberger, moved approval of the resubdivision request. Mr. Zoller asked if Mr. Biedny would meet the lot size requirement if the street vacation is less based . 1 # . . e Planning Commission Oct. 12, 1998 on the location of the storm sewer. Mr. Russell said the minimum lot size requirement would be met; if the vacation is less, it would limit the design of a new structure that could be built on the lot. Motion of approval passed unanimously. Case No. V/DR/98-18 A variance to the side yard setback (10 feet required, 3 feet requested) for construction of a 55 ft. x 55 ft. two-story classroom addition and a 50 ft x 70 ft. ambulatory addition at 214 Third St. N. in the PA, Public Administrative Office District. James Whipkey and Bob Ayres, representing Ascension Episcopal Church, applicant. Present for the discussion were James Whipkey, Bob Ayres and Jane Stillman representing Ascension Episcopal Church. Mr. Whipkey reviewed the design plans. The addition will be constructed of the same type of materials and detailing as the existing structure., The existing parish hall will remain, with additions constructed on both ends. The additions would be no closer to the property line than the existing structure. The Third Street access will be maintained. Mr. Zoller raised a question about parking. Mrs. Stillman responded that the addition will not increase parking needs; the sanctuary itself is not being expanded. Also, the addition will not result in any loss of existing parking spaces. Mr. Valsvik noted that according to an SEH study, there is no parking problem along Third Street. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned. Mr. Whipkey said they were aware of all the conditions and had no problem with any of the conditions. Motion passed unanimously. Case No. V/98-61 A variance request to bluff setback (40 feet required, 23.4 feet requested) for construction of an addition to a garage at 114 Lakeside Dr., in the RB, Two Family Residential and Bluffland Shoreland District. Jon and Deanne Stratte, applicants. Mr. and Mrs. Stratte were present. jf Colleen Weiss, 107 Lakeside Dr., spoke against the request and provided a letter for the record (attached). Also provided for the record was a letter from the Lakeview Harbor Association signed by Mark Smith, president, indicating the Association was not opposed to the request. Mr. Russell noted the Stratte property is in the Bluffland/Shoreland District. He said Mrs. Stratte had taken pictures showing the addition would not be visible from the river. He also said the addition would have no impact on the Weiss' view ofthe river. Speaking in favor of the request were Mary Mann, who stated the Strattes' request is based on a necessity, and Pat Rousseau, 120 Lakeside Dr. Bob Knox, treasurer of the Lakeview Harbor Association, said he did not sanction or write the letter from the Association; however after reading the letter, Mr. Knox said he had no objection. Mr. Zoller asked whether the letter was 2 ;r -'" -j '. . . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/98-60 Planning Commission Date: October 12, 1998 Project Location: 219 Main Street North Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Mainstream Development Partnership Type of Application: Subdivision Project Description: A request to subdivide 20,900 square foot lots into three lots of 13,900, 4,200 and 2,800 square feet. Discussion: The request is to subdivide the remaining Maple Island plant site into three lots. The subdivision would result in petitioning of the existing building (similar to the hardware store/vineyard spaces) into three potentially different ownerships. Agreements regarding common wall utilities would need to be entered into as a part of fmal subdivision approval. No parking is currently provided on site. Any assessments on the parcel would have to paid off or split before final approval. Recommendation: Approval. Conditions of Approval: I 1. A common wall agreement shall be prepared by the applicant and approved by the city Attorney providing for common or shared wall, utilities, parking and grounds area. 2. City assessments shall be paid off or split proportionately between the three new lots based on size. Attachments CPC Action on 10-12-98: +7-0 approval .... Case No: 6U8Jqg-ft,()\, Date Filed: Fee Paid: ..6 ~s-o Receipt No.: 'J-' 770 . PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 , I _ Certificate of Compliance $70 _ Conditional or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development* $500 Variance $70/200 _ Comprehensive Plan Amendment* $500 _ Zoning Amendment* $300 -L Subdivision*' $100+$50/Iot Resubdivision $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. PROPERTY IDENTIFICATION . Address of Project Zoning District 219 MAIN STREET NORTH CB Description of Project Assessor's Parcel No. "/ hereby state the foregoing statements and all data, information and evidence subm~tted herewith in all respects, to the best of my know/edge and belief, true and correct. / further certify / will comply with the permit if it is gran~ed and used." Uo~ ,.- S~ - 3qD '7 l~ 71~"" I ( yt-(: Property Owner MAINSTREAM DEV. PARTNERSHI~epresentative t(pf(- TIM STEFAN Mailing Address 212 MAIN STREET NORTH Mailing Address 807 4TH STREET NORTH Telephone No. 439-8088 Telephone No. 430-005 Signature Signature SITE AND PROJECT DESCRIPTION lot Size (dimensions) 120 x 1 75 land Area 21,000 SF . Height of Buildings: Stories 2 Feet 35 FT. Principal Accessory SUB-DIVISION: ONE (1) PARCEL INTO No.1 2,900 SF No.2 4,200 SF Revised 5/22/97 No. 3 13,900 SF Total building floor Area N / A sq. ft. Existing sq. ft. Proposed sq. ft. Paved Impervious Area sq. ft. . Number of off street parking spaces provided ' THREE (3) PARCELS; REFER TO ATTACHMENT if' ~ ~ I ~ ~ 5'" )\.\~tl~ 2 l 129N T28N rnN ~R2IW JJ:}JJW Vidnity Map . 1 ~,'--" W --T . o / Scale in Feet 179 Thisdft~~r';.s::~~oc:~~ ~~~ia.YI~:~iJr~" PU~~~~~bDDt rupoa,-... _~ Soun:e: WubqlOO ec:.u.y Surw)'Or'J OIU. P!Jmc (612) 430-6&15 Parcelib,- wm:..tIlJmp: hl1UlC31,l9lJ1I i i ! I Fax. i aN OF Sll.lWAlER PARI<INC LOT i I i I L____-________________________-_____________-_________------ o -. -------...-------,,-...---..- WAltRSTREET ta'''' ."4' 41'-0" .4' .... m ~ LOT J. LOT 4. VI ~ ~ \.. -~' NORTH MAIN STREET o PROPOSED RESU8OMSION I" '" 2Cf N <l . . . CS) oil '" CS) --.I '- I-" oil lD co I\) I\) tv (.11 ; , I",," CS) :(1) (.11 co (1) w co CS) ....... -i 20 1> (f) -i fTl TI 1> Z Cl1Y \J 1> G) fTl CS) ..., .1 .{ ..~A . Planning Commission Oct. 12, 1998 Present: Chairperson Jerry Fontaine Glenna Bealka,John Rheinberger, Don Valsvik, Darwin Wald, Terry Weidner and Terry Zoller Others: Community Development Director Steve Russell Absent: Russ Hultman and Kirk Roetman Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Mr. Wald, moved approval of the minutes of Sept. 14, 1998; all in favor. ' 111 Case No. 8UP/98-60 A subdivision request to subdivide a 21,000 square foot parcel into three parcels of 2,900 square feet, 4,200 square feet, and 13,900 square feet at 219 N. Main St. in the CBD, Central Business District. Mainstream Development Partnership, applicant. Vern Stefan and Tim Stefan were present for the discussion. . Mr. Rheinberger, seconded by Mr. Valsvik, moved to recommend approval as conditioned; all in favor. Case No. SUPN/98-59 A resubdivision of Lots 1 and 2,Block 2, plus a 10 foot easement area, McKinstry and Seeley's Addition at 404 S. Grove St. in the RA, Single Family Residential District into two lots of 10,095 square feet. Russ Kurth, Kurth Surveying representing Frank Biedny, applicant. Case No. SV/98-67 A request for a street vacation of the south 25 feet of Oak Street, along the north side of Lot 1, Block 6, McKinstry and Seeley's Addition in the RA, Singlp Family Residential District, Frank Biedny applicant. Mr. Kurth and Mr. Biedny were present for the discussion. Mr. Kurth questioned why the recommendation was for the south 10 feet only; he said he though the north half of the street was already vacated. Mr. Russell explained it was the city engineer's recommendation that 15 feet is needed to accommodate possible future repairs to the storm sewer. Mr. Russell said the exact location and depth of the storm sewer needs to be verified; based on that information, the easement could be adjusted. Mr. Fontaine suggested that perhaps the approval should be stated as 15 feet from the storm sewer rather than a 10 foot vacation (easement). Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the street vacation (easement) 15 feet from the storm sewer line; motion passed unanimously. . Mr. Valsvik, seconded by Mr. Rheinberger, moved approval of the resubdivision request. Mr. Zoller asked if Mr. Biedny would meet the lot size requirement if the street vacation is less based 1 ','.~ i . MEMO To: From: Subject: Mayor and City Council Steve Russell, Community Development Director Variance to Shoreland Ordinance for Construction of Addition to Garage. V /98-61 November 5, 1998 tz----- Case No. Date: This application is coming to the Council because the site is located in the DNR Bluffland Shoreland Zoning District. The addition is 27 feet from the bluffline, 40 feet required. The bluff in this location turns in to form a cove and does not face the river. The addition as can be seen from the pictures would not be readily visible from the river. The project does not exceed the lot coverage requirements of the district. In making their finding and recommending the project for approval, the Planning Commission went item by item through the findings required for the variance. One neighbor spoke in opposition to the addition because of possible view impact. This item was referred to the DNR for comment. No comment was received. . If the Council approved the request, staff should be directed to prepare the appropriate resolution to forward to DNR for certification. J . ~ '.~ PLANNING APPLICATION REVIEW FORM CASE NO. V/98-61 . Planning Commission Date: October 12, 1998 Project Location: 114 Lakeside Drive Comprehensive Plan District: Bluffland/Shoreland District - Single Family Residential Zoning District: RA Applicants Name: Jon and Deanne Stratte Type of Application: Variance - Bluffland/Shoreland District Project Description: A request to construct a garage addition with a 27 foot setback from bluff, 40 feet required. Discussion: The application is to construct a 11' x 15'4" addition to an existing garage so that a portion of the existing garage can be converted to bathroom and laundry area. The project is needed for health reasons. The site plan includes elevation plans and floor plans. Landscaping would be replaced on the . west side of the garage. The structure design will not be taller than the existing garage. Pictures are submitted with the application they demonstrate the inconspicuousness ofthe addition as viewed from the river. The St. Croix River is located on the east end apposite end of the residence so visually the addition can not be seen from the river. Recommendation: Approval. J Conditions of Approval: 1. Landscaping shall be installed per applicant. 2. DNR certification shall be received before building permits are issued. Attachments: Plans CPC Action on 10-12-98: +7-0 approval . . . . Planning Commission Oct. 12, 1998 on the location of the storm sewer. Mr. Russell said the minimum lot size requirement would be met; if the vacation is less, it would limit the design of a new structure that could be built on the lot. Motion of approval passed unanimously. Case No. VIDR/98-18 A variance to the side yard setback (10 feet required, 3 feet requested) for construction of a 55 ft. x 55 ft. two-story classroom addition and a 50 ft x 70 ft. ambulatory addition at 214 Third St. N. in the PA, Public Administrative Office District. James Whipkey and Bob Ayres, representing Ascension Episcopal Church, applicant. Present for the discussion were James Whipkey, Bob Ayres and Jane Stillman representing Ascension Episcopal Church. Mr. Whipkey reviewed the design plans. The addition will be constructed of the same type of materials and detailing as the existing structure. The existing parish hall will remain, with additions constructed on both ends. The additions would be no closer to the property line than the existing structure. The Third Street access will be maintained. Mr. Zoller raised a question about parking. Mrs. Stillman responded that the addition will not increase parking needs; the sanctuary itself is not being expanded. Also, the addition will not result in any loss of existing parking spaces. Mr. Valsvik noted that according to an SEH study, there is no parking problem along Third Street. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned. Mr. Whipkey said they were aware of all the conditions and had no problem with any of the conditions. Motion passed unanimously. Case No. V/98-61 A variance request to bluff setback (40 feet required, 23.4 feet requested) for construction of an addition to a garage at 114 Lakeside Dr., in the RB, Two Family Residential and Bluffland Shoreland District. Jon and Deanne Stratte, applicants. Mr. and Mrs. Stratte were present. J Colleen Weiss, 107 Lakeside Dr., spoke against the request and provided a letter for the record (attached). Also provided for the record was a letter from the Lakeview Harbor Association signed by Mark Smith, president, indicating the Association was not opposed to the request. Mr. Russell noted the Stratte property is in the Bluffland/Shoreland District. He said Mrs. Stratte had taken pictures showing the addition would not be visible from the river. He also said the addition would have no impact on the Weiss' view of the river. Speaking in favor of the request were Mary Mann, who stated the Strattes' request is based on a necessity, and Pat Rousseau, 120 Lakeside Dr. Bob Knox, treasurer of the Lakeview Harbor Association, said he did not sanction or write the letter from the Association; however after reading the letter, Mr. Knox said he had no objection. Mr. Zoller asked whether the letter was 2 " Planning Commission Oct. 12, 1998 . representative of the Association's position; Mrs. Stratte noted that 12 of 15 neighbors had signed the letter. Mr. Russell reviewed the requirements for making a determination regarding a property in the Bluffland/Shoreland District. He said an important consideration would be hardship. Dr. Stratte explained the request, which will provide for laundry facility and bathroom, is needed due to Mrs. Stratte's medical condition, pulmonary hypertension. As the disease progresses, the heart enlarges and it will become more difficult for her to carry up laundry from the existing laundry area; also handicapped accessibility to the existing bathrooms will become an issue. To convert an existing bedroom, as had been suggested, he said would mean that their daughter would not be able to stay with them when she visits, and it would likely impact the salability of the home. Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the request as conditioned based on hardship (inability to access uses specific to the building) to the property owner. Mr. Weidner noted the existing garage and house already are in violation of the Bluffland setback requirements. He suggested incorporating findings that there are no violations of the Bluffland/Shoreland regulations into the motion. The motion incorporating the findings passed unanimously. . Case No. V/98-62 A variance to the front and side yard setbacks (30 ft. and 10 ft. required, 0 ft. requested) to rebuild a garage at an existing location at 808 S. Fifth St. in the RB, Two Family Residential District. Steve and Dorothy Hooley, applicants. Steve Hooley was present. Mr. Fontaine abstained from the case, and Vice Chair Valsvik temporarily assumed the chairmanship. j Mr. Hooley explained that the existing garage is caving in. The only thing that would be changed is the installation of a two-car door, rather than a one-car. The rebuilt garage would match the house materials. Mr. Zoller, seconded by Mr. Wald, moved approval as conditioned; all in favor. Case No. SUP/98-64 A special use permit request for a massage therapy business to be conducted from a residence located at 148 Myrtlewood Court in the RA, Single Family Residential District. Phil and Gayle Parizino, applicants. Gayle Parizino was present and submitted a list of neighbors who indicated they were not opposed to the proposal. She said off-street parking is available; she would have limited hours and no employees. . 3 di ,v as """ - '" ~f 6 II 1 """ II - .... w .ot" II~ ~ ..... w - a::: II CARll & SOIUIE I:: .... II 2 pi- II ; CI) I~~ ~ . W II ~ ~ ; " ..... ~ - ; a::: ; 3 al - !l "' Z lII"l "" ,OJ ~EET ~ .. .. ~.s' 8 ..... 50 HAZEL ST ...... 6 - It) 111.0 ~ en ""-. ~ 83131~ 11 8 10 - RZlW R2IW JQI1W il - il :c 10 8 12 ~Wft il ~ >" C211 IX' 0 8 13 il - 131.0 \,,1dnity Map U - . l;l ; :i .. '" '" a ClI ; 3 II ii II OJ ; 4 I .. ii - ~ ;: ... Z3 ~location Map 11\ ~ .--4l-, .., . '.T . I o 174 Scale In Feet lhiI........ .....at.COII:lp.ti:G _~otIt""'.II"" 1f:~~":~lwc:::=a. =a.:tr:;t:.~.DOI SGI&I:w.,..... c-qSUlW)'Of'l 0lIR. PIlDIw (612) 4JO.A1S ......ca __ "'aJa:Aup,'I.IW' To Whom It May Concern: Jon and Deanne Stratte would like to make a small addition to the west side of their house at 114 Lakeside Drive. The size would be about the same as a one-stall garage or 11 feet wide by 22 feet deep. This would be within the correct side-yard setback. The addition would be used for the second stall of the garage, and the garage stall next to the house would then be remodeled into a laundry room, larger bathroom, and closets. The area of the existing closets would then be used for access into the new area. . Why do we need this addition? Deanne has Primary Pulmonary Hypension, a serious lung disease. She has been very fortunate in that the disease has not progressed as rapidly as it has for everyone else. However, her condition is worsening gradually to the point where carrying laundry up and down the stairs from the basement laundry room is impossible for her. Also, an easier entry from the garage into the house is needed as is a larger, more handicapped-accessible bathroom. Most people with this disease end up requiring oxygen and a very complicated medicine-delivery system. A further explanation of this disease will follow the main body of this letter. On the west side of our property, there is an easement for the electrical and phone lines to a private boat harbor. However, this easement was never dedicated to the public. 12 of 14 households in the neighborhood have signed a statement that they support us in building the proposed addition. The law regarding building on the bluffs of the Wild and Scenic River refers to how the building is viewed from the river. The proposed addition would not be seen from the river, because our house angles slightly north (away from the bluff) at the garage end, and it is just too far from the river. It would be approximately 140 feet from the river. (See pictures and survey). Our house was built 33 years ago, long before the Wild and Scenic River ordinances went into effect. We would like to adapt our house to our current and future needs so that we can remain in the house we have lived in for 33 years. We sincerely feel that this small addition would not be detrimental in any way to our neighbors or to the wild and scenic river. . Thank you, '}-- it ~ ~~ Deanne and Jon Sratte What is Primary Pulmonary Hypertension? Primary pulmonary hypertension is a rare lung disorder in which the pressure in the pulmonary artery/(the blood vessel that leads from the heart to the lungs) rises above normal levels and may become life threatening. Symptoms of the disease include shortness of breath with minimal exertion, fatigue, dizzy spells, chest pain and fainting. Stairs and inclines of any kind are especially difficult for the PPH patient. The abnormally high pressure is associated with changes in the small blood vessels in the lungs, resulting in an increased resistance to blood flowing through the vessels. In response to the extra demands placed on it by PPH, the heart muscle gets bigger, and the right ventricle expands in size. Overworked and enlarged, the right ventricle gradually becomes weak and loses its ability to pump enough blood to the lungs. Source-National Institute of Health . ~ . . -- Case No: Vlqfil Date Filed: ?/~lf/'1g Fee Paid: . fI '70 Receipt No. : &~308 PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 _ Conditional or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development* $500 Variance $70/200 _ Comprehensive Plan Amendment* $50'0 _ Zoning Amendment* .$300 Subdivision*" $100+$50/1c Resubdivision $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. . PROPERTY IDENTIFICATION Address of Project / / if h...,t::e-s;ck- Dr, Assessor's Parcel No. :/ / O&:J,2t} /l/t)~:L:... Zoning District. I . Description of Project IJ .oA_-lj (s,I.- ~ ~~ t1Yt / / fI: - tf'Y'- ~J..AA~;j- ~_J. ~ 1 /'J-.V 5'AJl...e~ Y' A--<J ~k ~ ~ ~." /M/.J~ ~ 1 bl~(J A-Q-A ,., . ;{. ~ ". '. k. tV'~-vQ;,~_'--"-4~<"-/~~~ ~ ~-41.-UJ-U--r~;.. "fhereby state the foregoing statenflmts and all data, information and evidenc6/submftted herewith in ~ all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used. " PropertyOWner :T,^",~>1-e... str-/Vff.,~Representative. t~ Mailing Address _ LIIf h.Ke-,",bbr 5-1-;/1.-.4- Mailing Address .. " 1 ' T~lePhone No, b/~ - :f~~ -r1 . Telephone No,: 6/; -'/31- '1 ~/o I',~^ ~ Signature Ji::i\~ R-o<-.. ..../~ Signature;", M,,;&;. ~ ~ V SITE AND PROJECT DESCRIPTION 1"1{" 2.:> i'^lV. I C- Lot Size (dimensions) _ J'\ x -r $'f"! :tg1.1'fw Total building floor Area sq. ft. La~d Area .. (7).~o_ s ,.;; "nl.:l ~.~ Existin~6:T 0 (.) sq. ft. Height of BUildings: Stories Feet, Proposed 'L ., 5'" sq. ft. . Principal ~i'!>T'~~ L 1 Paved Impervious Area sq. ft. 1-A\,;\,;essory Number of off street parking spaces provided 7 ' ~/~r\P.h __~~ ~~ ,~~~~o/L) ~~~~~~. ReVIsed 5/22/97 11Jt1... _ _ _ /} j) d ~ /: //"1 '''' \ J ~ " ~ {l - :,11[<:1 1 OF 2 SHEETS CERTIFICATE OF SURVEY BARRETT M. STACK STILLWATER, MINN. SS082 MINNESOTA RECISTERED LAND SURVEYOR Tel. No. 439-5630 . JOIl NO, Sl1J{VEYM^/)E~;XCLUSIVEI.YF()R, Jon and DeanneStratte, 114 akeside Dr., Stillwater"MN 55082 IlESCllIPTION, Overall Parcel description recorded on Certificate of Title No. 13123, Wash. Co.,Records. NOTES: ~~ ~ ~ ~~ ,,"i .. ~'~ :.0, ~ ~,' ~!<.' "l<a !; ~h ""---~~~ "~'o.. ~~- / ~~. """'~ r~ Orientation of this bearing system is assumed. _ o Indicates 1/2" 10 iron pipe set marked RLS 13774. -~ . Indicates iron pipe found ~f~' inplace as noted. ~~ "', Underground or overhead public ~ or private utilities on or adjacent the site were located ~ I as marked by others on site. ~~, Offsets shown to existing or ~~ ~ future structures' are measured ~1l~1 ~ to the outside building wall ~~~ line, unless shown otherwise. ~ Certificate of Title No.. 13123 ~~~~.~ has references to utility and ~ ingress and egress easements ~ recited thereon. Review these J record easements with an Attorney \~ I to ascertain the status of ~ same. This Cert. of Title has ~ both metes and bounds and a ~ 11::1 proposed platted Lot desc. I ~ I 'l suspect the intent of the ~'~ conveyance is for future deeds ~ ~,' I to utilize the Platted 'desc., x what is not clear is wether ~ ~ or not the easements are to be \ ~ carried forward also. Note the , I conflict these easements have with the proposed future add'n. j ~ from the w'ly line of the gar. ~ ~ "10' UE" Indicates a 10' wide ~ I utiI i ty easement graphically ~'''t,<>' shown on the recorded plat of LAKEVIEW TERRACE. These util. ~~, I " easements, as shown, were not~, Y dedicated to the public'in ' t the owners certificate.;, ,t~\j ~\: 'Ii \ t Review this matter with ...~~ I." I ~ \~ an attorney for an opinion ~~~~~ ~ \ as to wether or not these ~\i~ij , " uti I. esmnts. encumber' ,"- ~.~ , ',.. \ ~ Lot 4, LAKEV I EW TERRACE, '" ~~ I '~,)II Il~ \ ~ See Sheet 2 for Det,a i I 6( I~ ~ '.~.~, \" 13% grade line, inplace \ " I~ ~~\j. '-._ utilities and propo.sed ~'>l ~~~~_ r uti I. and r/w esmnt. ~ '\l~i: -~1'1::': r vacation description.~~~tl\ ~;\,\ -, '~ 'fll ~ 'I.. Underground Servo Ind: .,,~"'i~ '\~~ ~ I ,.~;;r.: ~ ~ ~ - E- Ind. elec. / \\ ~~ ~,. ~I - G- Ind. Gas. \ ~~ ..4+ ...:,;. JM" -US_W- Ind. Te,\., '\ ~~~\"I~. '~; -18-Ind 18%.l>r . t'_"i ~~ ~~-~-f..;~~_...., ~ . " -~' -~-'Ii,*':;:;:::/' \' --~, I I --r& -" ',,- '_ "'~R -liS'" "- '. /1 - -, --Sd'J8JS"'E I ""- ,J1.?- - - _ "- ~'i: i~ I ~.-e: ''''~_. _ \ ~"... r'\>-+ -- ------r \ :'~ ~ ' ~,~ :~~- 8/7: \ r ~ 1 ~:~ ~ ~ ;~" +- .~~ ---- L"'~-S -- ,~ --- (I--~ ,'~ ~ ~ -i,,=Lj ':;; -:-- ~ / / ~!'~ H I ~ " / '-= k' / / / ~t / ~1/ ...~ I I .....~ ~, I .. ~/ \S ~ / ~ . ., ..i" / 4i I ~ ~ ~.~ --')/ ~ ~ ~~f -:;~\ \ ~1 ~~ ~~~~ ~ \. " I~ ~" "\ '\ ~'W ~'" \ '~ ~ 'JlI\~ '" "" ~p: ~ ~ ~~h' ~ ~~~ \j ~~\) \9 " ~ I 'r~ 'I . ~~ ~ " " ~ ~ b, ~ ~ ~ ~ "- ~ ~ '~ ~ I~ ~ \i A-J.~tr 11\ IIj - ~ -1\~ ~ " L;r:r ~ -----, . I hereby certify that this survey. plan, or report rrepared by me or under my direct supervision and am a duly Registered Land Surveyor under the laws the Slate of Minnesota. ~ .......~~...,...................................... Da te.~ p..r:. ~ J. ...1. ~"..,.1. ~ .~.~..., Reg. N o..!.3 '1.7.4................ ," . Landscaping, drainage, etc. Landscaping: The landscaping will match the existing. See pictures. If possible, we hope to simply reuse the existing. Drainage and grading: During the process of construction, silt containment material will be used. Footings and block would be put in right away, so that there should be very little disturbance of what is there now. Gutters and downspouts would be used on the garage, emptying into an underground drainage tube. The brick driveway absorbs a lot of the moisture and slopes westward. The driveway would not have to be very much larger, as it almost covers the area in front of the proposed new part of the garage now. Grading would match the existing. The contour of the land would not be changed. We have not had any problems with drainage on that side of the house in 33 years, and our contractor feels that the drainage would remain the same as it is now. . There is an ash tree on the south side of the garage. This will be left in place. There is a pine tree on the west side of the garage, which is not in very good condition. This tree would have to be removed, as the branches would project into the ,addition. This tree is not viewed from the river, and is about 150 feet from the river. We have not had any trouble with our onsite sewer system. We have it pumped once each year by Pinky's Sewer Service, and always receive a J report that it is in fme working condition. . ~~~~~t<,~~ . ~~ ~ OJV-- ~ db -oIv- ~. cO~ ~ ~ ~ k...- ~~"'"'"-~ ~ . , ;- f 1'. . ,."'. J.J,,}: .,,/ ''-'t.- !J'Y:':r;.'{;::<f~:">"e~ ....;/ ,'\j*.. , .', "'~'~~~~' ',~:},",~ t~t'~~;5'ir':>~,_,,~ ~'t ,..i,;".~ ".' ""J(...~'" .~~~' ,,~\" ,q.,.Y!;..""ff,";<l,....:.. ".;'!!j1!'..~.::..' --,,4'(';;:- ;.~ ~~~~St'r~~' ---: 'i'::~:~I~ '("'i:J'f1,~Q.,,*~~'- ~". f':;W-c;.. .~. t'~1t1.~#..flM"f<.~- ~. \~~~t~~~~!J:.{ ;.{~~f~;j" l1.~1~*~'~~f.~~~f!~ ~i~~"l.J$ir.:~I:-:j.~;{gt:~:pi[fhr~~~~;:~ ~., ~'j.~, ,<, "~ .~V.~ .",~.~1'!1'.-:..\*. lr." ~ . #!fJ,t~,-..-. ,,~f1-{~ ~ ,<- ~~~ t ~".. ,. ~'i... '" or. ,..., , . ::'i;;[;it!rJE:~'~, : IJ;.&!~' #~p~:/;t).~~l'.i{.... ..'\J~:?:lt:~,;P;~~~~t~;~ :.':'~:.:?~J~'>' '. \"~:~' "::~)':l:t\~'; ?'..;;;~~;,... 'f;.,..~\l"~ ~~;;t..,.;\ ,I,;,.. ,"?,t;~.~t:""'~..f.."I{:::;"ii. :'.:'. ...:~~,I! :<::;,,~.l.T'i.,~~~.":y.~.,.,.'~.;;:,:; .'<;'!':"', r ,"~ :,'.:. ...,~'t.\:\., '~r:'~~, ~~~ ,.':}~;U1J'l'. ". "",""1-,,<" .'iji...',:?!lJ,'Ij~l'1{.....r:~,...,r;~..liT:t';.':.1l'~r;-".'"r.I'..\. ,.,'.\ <';'!-l!". ":, f"~'- '",''''''' ,~, !"'':.t. '\'~ f. ~""'Ij'f:>l.'r ,. ,'''dr .,f,.",>t..,ljO.~:".'.,'" "'(4:;o.>'1it-f"'" ,', " I '.." . ' ,...,.J;'J.' ,... . ~....: :~( "t/>:' .~, ;'!..I!:r1'{'f.,'~ ~:.f;r;(< ;:~/'/:'''!t..-:::~ \::,~.c"':;"';! ;', ..;" I ';'~:r; 'f'" ;'" '" ,~. i'l; "~;';~~:~;I~t }~~:o: ...: ;.:.... :;: '~~.:>~~~;~;';\~~.~r;j.i; ri:';;:~. ., :t~;(&f,:';\L.:' :;~1:'~~~~~:::- .', ,~~(,. . "1;' . rl . '.,' ':1~ffil'lt.. ~.,.,~", .' . . 'oO . , ~. ~'''.. 'ir~: t" . .,:",',',f:~.:_~,.'.,',.~. '. ,:{,;,;,'.,~,~',' ',1 .,./.',"),;:;....;;,..... '.......... " ,~~~_;'J.1;/:',~'''~'. , _. . .....t'\~ - '" '.,~,~~...\~ 2i~::~~:,;=;~~~~~;.:-~-=;:~~.f:~~'~':.<:...~.::~~~:;.~~' r.""" -...-.:..-..:........-:.... .- ~ lrL. ~. ~Ul~ ~-v-f-,~~~. Du~~~ ~~~' ~.~ . ~~ - \~ ~~~ L ~ ~,~ ~~~b.., ~L ~.I ~~ bz ",j ~ I ~' ~ "J ~" '~It~~'~if~: , ~" .; '. ,.,;.r1t":>~:t~'l'1~~':' . . """,,'r;;' .' ;"(': ~'<;' ~ .-' If';) '. ~~1'- ~~ I ." L) {).-J... .'t't.}.,'n"/~~ _ .~:" (lr ~.,!~~,..".,ll,.., i nll~O ~ ' ," ~.~v ~~. '.~'I ~ T: ',;: 1 , _ -f. " w :. We are in favor of granting Jon and Deanne Stratte a variance to the easement that runs inside their property sO,that they can build their needed addition. We understand that this will not a~rct the easement rights. 1._,/\,:~~>_ (OC, ~(;/JC>~~J lA~ O -- Il i / -, . , ., 2. t'" - Z, <:' " ~ ,,__ I....r-'--..... 6. ... .J. 0/"2- 5. '. --- /d ; st/hvA--ler jJitJ1J1V:::; ~mlss/cJY<-.-- L:cAe0efA..) -I~r'lor A'sso c!1a- /~)-<.-/ J;n. M<J ~ne .5~A-~ /fJJlJ~sl p;r . ()d /~) /qqP ~: ~ej: ~ 'Phi lo-I1--~j V:'-/~ ..- lie .L-.)~v'lel<J #aAk ~~<!ldk- rX<mf ~ ~ 7 ~ 7k-- ,,?.-afA a-nd Hd?rl ~j"J l' ~~; rrf /ks)~-as ~ ~'~,t.,;1 'Zfred -i ~ r:f,;a~~ r ;-O<A-Itj 'f~ /r'j; r<u?w.,,4 ~ ~ 7'k ~S<?~=~ /r"fl ~ ~ 'Jfreec/ </, ~ ~_J'ejk r 7 t!~s~vc~ d~:7' " t>Wl rr.y- lie- La#vlew /l1M/n. ~fdC/~~ kf /t4 ()!;~C-~ ~ ~/k; r/.~ /1;:;,1 dck~ ~ yk, ~- ,/h0i c5:( Ii-- lJe~ k/- ~ler//e~ ;4v,kz ~P6/~~ /t;s- ~ke~/~ ~ . . . . . ~ MEMO To: From: Subject: Mayor and City Council Steve Russell, Community Development Director 11..---- Appeal of Planning Commission Approval of a Home Occupation Use Permit for a Chiropractic Use in a Residerice (Case No. SUP/98-66) November 5, 1998 Date: The Planning Commission approved the home occupation permit request at their meeting of October 12, 1998. Residents ofthe area spoke for and against the request (see enclosed minutes). The Planning Commission vote was 4-3. The request is different from the previous application for use of the residence as a chiropractic office. In the previous request one employee, an office manager, was proposed and the use was temporary. In this request no outside employees other than the resident is proposed and the use requested is permanent. Since the previous application, the home occupation use permit regulations have been revised (see attached). The request comes under the TYPE II Home Occupation which requires a special use permit. A letter of appeal was received from neighbors of Oak Glen. Five residents that live in the area submitted the appeal. Recommendation: Action on Appeal. Attachments: -Staff report and minutes for CPC on 10-12-98 -Ordinance 860 Home Occupation Use Permits -Letter of Appeal 10-21-98 J ~ ., PLANNING APPLICATION REVIEW FORM CASE NO. SUP/98-66 . Planning Commission Date: October 12, 1998 Project Location: 1055 West St Croix Avenue Comprehensive Plan District: One Family Residential Zoning District: RA Applicant's Name: Margaret Mitchell Type of Application: Special Use Permit Project Description: A special use permit for a Chiropractic practice out of a residence. Discussion: The applicant appeared in front ofthe Planning Commission on June 6, 1997. The Commission denied the request based on concerns of neighbors. On July 15, 1998, the applicant appealed the Commissions decision to the CounciL The Council approved a chiropractic office use in her home from September 1 to March 1, 1998, with no option for renewal (attached). The applicant was able at the time to stay at her place of business and did not have to move her business to her home until September 1998. She is now requesting that she be granted a home occupation. . The Chiropractic business would operate by appointment only between the hours of9:30 a.m. to 6:30 p.m., Monday, Tuesday and Wednesday in the summer. Winter hours are 9:30 a.m. to 6:30 p.m., Monday, Wednesday and Friday. Parking is provided on the north and east sides ofthe house. Conditions of Approval: / 1. No exterior signage. 2. All parking shall be on-site with the maximum of two nonresident cars at one time. 3. Special Use Permit shall be reviewed by the Planning Commission upon complaint 4. Special Use Permit is issued to Margaret Mitchell and not transferable. 5. No employees other than applicant Recommendation: Based on the decision the Council made on July 15, 1997, that there was no option of renewaL Denial Attachments: Application form and City Council Minutes dated 07-15-97. CPC Action on 10-12-98: +4-3 approval . . . . Planning Commission Oct. 12, 1998 Mr. Rheinberger, seconded by Mr. Valsvik, moved approval as conditioned; all in favor. Case No. V/98-65 A variance to the side yard setback (25 feet required, six feet requested) for construction of an attached garage at 109 Center St. S. in the RB, Two Family Residential District. Dale Peterson, applicant. Mr. and Mrs. Peterson were present Mr. Peterson explained he was actually requesting three variances: A side yard variance (4 feet), rear yard (18 feet) and square footage for accessory structure (32 square feet) to accommodate a three-stall garage, in addition to the house addition (kitchen, deck). He said he needed a third stall on the garage to provide storage for numerous pieces of equipment. He said he would be willing to forgo the request to exceed the size of the accessory structure, however. .. Mr. Weidner noted that owning a lot of "stuff' doesn't constitute a hardship. In the discussion, it also was noted that the request would create a great deal of structure on the lot. Mr. Rheinberger, moved to deny the variance for a three-stall garage and to approve a 13-foot variance to the rear yard setback to accommodate a two-car attached garage. Mr. Zoller seconded the motion; all in favor. Case No SUP/98-66 A special use permit request for a chiropractic/healing practice from a residence at 1055 W. St Croix Ave. in the RA, Single Family Residential District. Margaret Mitchell, applicant Dr. Mitchell was present. Mr. Fontaine noted this issue had been before the City Council previously. The Council had granted a permit until March of 1998. Ms. Mitchell explained that she did not pracJjce in her home until August when an emergency situation arose that forced her to move the practice to her home. She apologized for not appearing before the Planning Commission until this time. She said she will not have an office manager contrary to what was indicated in the agenda packet. She stated she would like to practice out of her home three days a week, two days a week from an office in the Cities. Mr. Rheinberger questioned whether the City Council had assumed authority in the matter, since the Council had reviewed the request and said there was no option for renewal of the temporary use it had granted. Mr. Weidner said if the applicant meets the standards for a conditional use permit, the permit cannot be denied. Mr. Fontaine noted that when the matter was heard before, the primary objection was the narrowness of the road Ms. Mitchell's home is situated on and the proximity to a school and school bus stop. Ms. Mitchell responded that the road is a privately-owned road which she pays to have plowed, as indicated in a letter from the owner Nina Amundson. She suggested that more 4 Planning Commission Oct. 12, 1998 . traffic is generated because she has an eight-year-old son than is generated by her business; she only sees one patient every hour and one-half, she stated. Marge Jordahl, 1115 Amundson Dr., spoke against the request. She stated her concern about allowing the use in rental property on an unimproved road. She said the business brings strangers into the neighborhood. She stated she is opposed to setting a precedent of allowing commercial use in a single-family neighborhood; she added there is plenty of office space available for rent. Ann Cummings, 1060 Amundson Dr., noted she has had to appear before the Planning Commission/City Council on three different occasions regarding this issue. She remains concerned about kids using the street to get home from the bus stop. She said she feels strongly that commercial use is not wanted in a residential neighborhood. . Rich Cummings, 1060 Amundson Dr. and City Council member, noted that the primary reason the Council denied the permit was not because the Council is against commercialism, but because of the location of the home on an unimproved street. He noted the Council granted Ms. Mitchell an amount of time to find another location and now she is back with the request at "square one." The neighbors are concerned and object to the request, he stated. Also speaking in opposition was Shelly Michaelis, 1341 Dallager Court, who expressed a concern about the impact on property values, as well as the safety of the road, and Rick Cou1a, a . neighbor, no address given, who reiterated a concern about safety. Speaking in favor of the request were a neighbor, Bonnie Ramault, no address given; Gayle Parizino, who appeared before the Commission with a similar request earlier in the meeting; and two of Dr. Mitchell's patients, Karen Kress and Joan Zeltman. Mr. Fontaine questioned whether this case represented a new request since the City CO}lllcil had already made a decision. Mr. Russell responded that this was a new request. The issue, Mr. Russell said, is whether the use would generate more traffic that a strictly residential use. Mr. Zoller said since the permit had been denied by the Council previously, he didn't think the Planning .Commission had the authority to rule on the request; he said he thought the matter needed an interpretation by the City Attorney. Mr. Weidner said he. did not think the City Council could preclude the lawful use of the property as long as the use meets the criteria of the Home Business ordinance. Mr. Rheinberger, seconded by Mr. Zoller, moved to take no action and refer the matter to the City CounciL Mr. Russell suggested amending the motion to refer the matter to the City Attorney for clarification due to the Council's previous action. Mr. Rheinberger and Mr. Zoller agreed to amend the motion as suggested; motion failed 2-5, with Mr. Rheinberger and Mr. Zoller voting in the affirmative. . 5 ~ . . . Planning Commission Oct. 12, 1998 Mr. Zoller moved to deny the request; motion died for lack of a second. Mr. Weidner, seconded by Mrs. Bealka, moved to approve the request as conditioned. Mr. Russell suggested adding the condition that there be no non-resident employee as required by ordinance; Mr. Weidner and Mrs. Bealka agreed to add that condition. Amended motion passed 5-2, with Mr. Zoller and Mr. Wald voting no. Public Hearing on 62nd Street area plan Sherri Buss of Bonestroo, Rosene & Anderlik briefly reviewed the plan, highlighting storm water management, traffic circulation, land use, and parks and open space. Jon Engelking, 1220 Nightingale Blvd., initially stated he was generally pleased with the plan. He noted there had been some talk about the possibility of moving a green space area a little farther south. Ms. Buss said engineers will determine the exact location during feasibility studies. Mary Jo Krenik, 1165 Nightingale, asked whether there had been any consideration given to a meter control gate for Brewers Pond. Ms. Buss responded there will be a control structures at the ponding areas, which should improve the water quality of Long Lake. Ron Pinc, representing Mr. and Mrs. Sid White, owners of property at 6286 Stillwater Blvd, asked that a two-acre parcel of property the Whites own along Stillwater Boulevard (Highway 5) be increased in density, to 18-20 units per acre, from the townhouse density as indicated in the plan. Later in the discussion, Mr. White asked that consideration be given to the request for increased density. Tim Nolde, potential developer of the Whites' property, indicated a willingness to work with neighbors. Richard Huelsmann, 12610 62nd St. N., said he was satisfied with the proposed plan, but was surprised to hear of the proposed density change and would be opposed to any increaseq. density. He also stated he hopes that the cul-de-sac on 62nd Street will be constructed as soon as possible. He also suggested that as part of the long-range plan, the two ponding areas south of 62nd Street and north of Highway 36 be included in the plan. It was the consensus of members to add the future ponding areas to the plan. Jon Engelking expressed his opposition to any increase in density, as did Phil Martin, 1018 Nightingale Blvd; a resident at 650 Nightingale; and Susan and Dan Whalen, 1180 Nightingale Blvd. Art Junker, 1164 Parkwood Lane, asked about paths connections. Ms. Buss said the path/trail plans will be developed in more detail during the feasibility study. Laurie Maher, 3018 Marine Circle, questioned the impact on the level of Long Lake if changes aren't made to the outlet at the north end of the lake. Ms. Buss and Mr. Russell responded that the AUAR is being followed. 6 ,-~ '"" '10: The Q; ~ COLlV\e~ I 6t St; I Iwcttt: V" {ror'Y(. NetjhhoY's (y~ O~k C,(~V\ bA-TE: Oc.A-cbe.v 2/J /qCf ~ 1\\<,- tol\Du";I~ (S ~ Ii dqf' \'..O~C~V>15 ex p"~ssed. b'1 -rV\e Y\e\5~bo."...s oPPOStVL3 1-he.. pe.VM'/t 9~ClV\tect to TY\s. IV\ ~ t~heJ I) )). c, to p r a. c.Ji c.e. he y- c..h', V' Q P v"Qc-t-, e - h eel I 'I r\j Pf'Cl..C..'+i c.e. 6u...+ of ne y- ren teel ('<:5'/ de' Vice. tDe. (lye. all nome.-owVlevs '/11 Tke. C)..V"eo... a.n~ have. lived.. he.re.. S~Ve.V'al YeJ1Ys. lN~ send Ollv e.-h~ fdxen fo tkE:..- S.b l\uxL+e..v aV-eCL sc.hools (Ms.rn;fcJte./f does not\ WG . have.. profe.-s$"oY\o'J bu.stnesses he.re.. ancl are.. o...e...t,ve. lt1 Com m u....V\', f-y a.e.+; vi H e.s. A nQ as ho rn eo w V\e.lf'S) u./, +h. t::\.. Ves~cl '/Y\+e.rest In tke- Yle.~h borhoed as a. whole} we... s-tY'oY\81~ oppose.. th',s busl ness 0 pe.v-ct-tecl by 0-. re rlte.r: As tke. e. k"eV\+h rente-v- at the PYOf~V'ty s i Y\~~lq g7)lJJe. fee..\ s~e. ha.svd: +ke. SQJne 101'\.9 +(:rY\l\ "Vlteves-t we d.o) ; e. property lIa.lltes. -rh/s 3rea.:f:1v 'Impacts Otty proper-f:;~s~ tUe.. a.(SO PQ'{ a. vc.vy la.V'3e. properf-y fax, of- wh~c.h ~Q'(Y1) fils . (yr,te..heJI IS hoc d't re.d Iy a.f{ e~+~(L We QI\ Q *~ l'Id.ed +1... -e -9; rs t: f I a. Y1 VI" ~ Com VYI" S$ ", y\ l\1"e:I; ~ (fns. m"+e.~e.H d;o.. not cttt-evul) in -e.axly SLU'rtme..r of ]qq7. +Iet.. a.p pi; c.o... +: 0 1". -fo... 0... p e l' m", t IAlQS U. Y1 ~Y1', m 0 I.tS I Y &.<e e.C >'I e& . Dh JLL\~ IS} J'?ctl) lYIs. Tyf; k~e II (A.ppeaJe.cl +ha.+ &ec'( 5'10('\. +0 -tk.e. eo ll.V\ ~I l. Itf +-~y- VY\ Llc..~ de. \ ~ b cxa..+: 0 V\ I a s .I I Yl'\ S Lt Y'(. you... Q II r-e m t: wd::) e. Y"J 'S h. e !.0QS 3" v e. 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V\ I ~ ~o m m', ss, 01\ wa.s !'tot ~v e..VI ~ex-ta./ Y\ +key .1\ Cld-. O-Y\ 'i j of, s d. di 0 Yl 1 r1 -I: '" " 5 r e. <'. E' VI -t Y" e<6 u. est. . faY" 0.. p-erm;t-, 0 Y\ +~E' ba.si s. D-t +k" 1'\0 appe.Q I rIA I \ 1\'1 b'f +-le. CnLLY\c!.: /. BlLt lljo..i Y\ Cl f+er CL Ion:) ,c\€-6Qk +My a~<l 9rCi.n-t Q perM/f;. 1ft€- lA.Y\',mpr-oveJ ro~J. ms, YY\;+~kejl c...\Q'I;ms a.s ."- e \'"" " P r--' V aJ~ d. V"', v e. cuO-y" i::; po- rt; Q Il \[ (Y\Q', y\ i:-o- ( h eel. b'l ,t-l~ Q.l ~ ) 0.. S Q S-tr- ~e.-t- . --r1\ I S (Y\ -t'o yo- r'Vlccb a Y\ fA) as (3 i V e-V\. b l{ S + ~ \J -{. fus. So c:..I1. , Si Yle.e... YVls. !Y\; tdl. d I bejl1.-l'\ if k 311.-11 'i ope v-a.J.. l!j her btASl ness } ~ iYcL"ff~c 0 Vi +-~\e. rOQd has, i Y\~rea.5~erl. i S t:" a.. $0.. t'e..ty ,0, S ue . f-k \'"" pll..t-; en ts ot+e 1'\ b v- ill.j i +h e i r 0 LU 1'\ <!.h; I ct If e. VI to tit e i r- a.p po', Y1.-t m.e. vd-.s) oft e.1l i \~ClVI ~ tke m tJlr\ Q tt-eV\ct-e..J C?Q 1- s; I d{j to VLLV) a. vo LA-Kd.. ;H.~I'\.e.~~bD..-h.oad.. . . Ms. M; kke II lIa.s V \ ola.-I-ed. tk.~ eOlU\e.; I ~ lruJ,'}j [toy ave!"" .;l'/:J. Monih" 0.,,0. ske. VlE'.Ve.v no..d. o..Y\Y 4- -If- . i fl tf.nb ot'\ o-f' 3 ~-t+~rlj f1.Y\.y per m', t) (AJ1.t; ( sne. WetS C-Lt.t~ght. x-es l1CLrcl +0 foeJieVe.. t-kaj.. ske.c e.6uJctY\'t- ~'n.(( +'Me.. foy- 00-" five.- m~J1l-l.fe.. rhone.. CQII I ~ tk~ evrbfe..- dY~ mDntks to ~~U ~~~ -Ha.l I foy- 0..\ (e.c.t-l D t'\. 0'( a. ss I S -tCLV\~e.. . I"h is, V\ e L9 h 6D v- h.ocd ; 'S 2.on ed fo If y-e s i ~ e.V\ t: (L I YldT: ~om m€-V'eJaJ pyopelrti eS. We. wou.ld. (. k.~ to Ice.~ It 0-5 Q nef~ h bov' h.oo& . A s;aJ' e.. ct net -\' v\ e Yll! I Y P Ia..c.e.. -hJ yel' a..x) e vu oy Ou-y f'O-m " I ',-e S (}J'\ cl h(t.\J E:..- soY\\e. c.oY\-tV'o I ov e.y -tk~ a mou Y1 t of s-tro.. Vl3 e.1f' 5 LDm', ~ ) rt-to -eKe.. ClVe.a.. ne. stV'"c:c:t IS s-h~l\ ~ SQtety c.oY\e.evn. Many c.h '. \dve.J'\ l.A.S~ 'I t C) V\ tk.e'( v- 1;00-"'\.{ k.OM~ {'va m -l: k. e. \ Q.-\:e.. b Ll~ fyo YY\ SQ.Y\.oo l. Be', ~ i-~e.. '('0<::-"-'1 r-oa.d tkLl.-tl ,t 'I S>) ~a. r c}.. \ 'I yY\l1.-t.e S 'rt c..o Y'\.aLLcj \1 e... f'o y- 0.... P '("'0 - .fesc;'IDY\.aJ YY\e!lGlJ ~s-t-a..61 ish m .e.J1.. t. / w~ LDOLl..\& \'1 te.... to se..e.. (Y\s, /V\ ~ tclte-l ( PQYS u...e: tke ~ V\ ~ . rc:.yt -ted c> p p 0 r'b..~...(\ " tl e s (Y\ -th..e.. b ll. S " >1. e s. $ 0..( s+V-1 c\- I Y\ S4:; Il uJa..ttv- "'-ha.. leRve... t::~ re..n. toJ p ('0 p ex+~ CLS CL res '( d...e..V\ c.e. S I (\ e-e..v-eJ y ) . m"% g-iJ~tJ- ~+t}16 ~ 7!,,4.~ ~ .{~K~ k f4>>o~ CIJ~ ~,~ r la-It- ;'11 451 Ruby Drive w. St. Paul, MN 55118 ~ . October 7, 1998 Stillwater City Council Stillwater City Hall 216 N. 4th St. Stillwater, MN 55082 Re: Hearing/Monday, Oct. 12th Dr. Margaret A. Mitchell 1055 St. Croix Ave. W. Dear Council Members: My name is Jan Perkins. I am the Oxxice Manager xor a company called United Scientixic, Inc. located in Little Canada and a patient ox Dr. Margaret Mitchell's. As you can see xrom my return address, I neither live, nor work, in the Stillwater area. I come to the Stillwater area on a weekly basis solely to see Dr. Mitchell. There are many chiropractors in both the West St. Paul and Little Canada areas, but, in my opinion, they do not provide the same degree ox attention, care, respect and overall compassion that Dr. Mitchell has always demonstrated to me. I . xeel very xortunate that Dr. Mitchell opens her home to provide a nurturing and saxe environment which I believe is very benexicial and complements her healing abilities. Based on my personal experience with Dr. Mitchell, I can only believe that she would extend the same courteous behavior and respect to her neighbors and would never allow a situation to arise that would be disruptive to either her neighbors o~ neighborhood, or compromise her own, or her xamily's, saxety. Unxortunately, I will be unable to attend the Council meeting on Monday, October 12th, to voice my support xor Dr. Mitchell and the wonderxul healing work that she perxorms. I hope that this letter will help clarixy Dr. Mitchell's contribution to the Stillwater community both as a Health Care Proxessional and resident. Ix you would like to speak with me, I can be reached by telephone, between the hours ox 8:00 am - 4:30 pm at (651) 483- 1500. Thank you xor your time and consideration. Si~er ~erk '? . ..:~~~~~ i ., . · # IWPmL ~rYlt.f.~. atuu jj~ ~ ai {L'i~. o ~~ ~?~- ~ ~~i1uu~-~ ~ ~~-~~ . . i . I 1 ; I . caseNo:~lJ 111.(,- Date Filed: Fee Paid: Receipt No. : PLANNING ADMINISTRAtiON FORM ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 J Conditional or Special Use Permit $50/200 _ Design Review $25 _ Planned Unit Development* $500 Variance $70/200 _ Comprehensive Plan Amendment* $500 _ Zoning Amendment* $300 Subdivision* $100+$50/lot Resubdivision $100 Total Fee *An escrow fee is a/so required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i.e., photos, sketches,. etc.) submitted with application becomes the property of the City of Stillwater . PROPERTY IDENTIFICATION Address of Project \t)~-S- ~.( j. n.":'; ~u..J Assessor's Parcel No.;(O 4~ 'flItJtl::t Zoning District RrA- Description of Project f h v\ - 1\ rn .f ,t;:::.0 qn ~ (-J.-..r.:t sL~-" ~\o~~/\~ I "/ hereby state t e foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used. " Property Owner Mailing Address City- State - Zip Telephone No. < f...^--~ ~U.A~N~ Representativ~~~~ Mailing Address .. t l'") )~. ~ ( '- ~l r A'\-f' LU City - State - Zip -=:o~( Telep~~. Signature sq. ft. Signature Lot Size (dimensions) x Land Area tf'eight of Buildings: Stories Principal Accessory SITE AND PROJECT\ESCRIPTION Totat~i1ding floor Area Existins-::__ ___ ~. ft. Proposed sq. ft. Paved Impervious Area sq. ft. Number of off street parking spaces provided Feet Revised: September 16, 1998 D1" · ~ 'iu ,." rn i 31 i 'i .i \. >>..... ... "'" .. . . . ~. "2"" i ...., ,,1 3: ... .~ \:1 ~ .~\. ;1'" 11..~ ~: : 1 . . : =-- : .l. .. ::;/ :...c.,'~, ... '\ ~ &/ \. Sta:toENr 1"\ '\, '\ 'I ' ,\" . .. , . . /, .:.. ,1lEIGlrS \.' · ~ /'.l.' ~\ II ~~,.~ / 3 .. "\ s /,.. '~" .11 "".\ .... ...... ,q1O \\ ~ Q<F~ ~ J. .,o~ / '. 1 .. ..... '''' *,0 J. ,. ~ .,. ... "oo 4 ,I 4- I ~,N:;^;_ \ ,'{; ~W ~ ~:/ ~ D~ ~ ~. ,FSfAlES ~UNOSON PLAce I". DALLAGER COURT \ 1.' ~ !:;: ~ ."-:,.:'~~ . r .: i'" i ..,.. ~ . _~ .. \" t". \ '-'J. ~ ~~~ t /1!fo ..., OJ' -:.. - 'i.' . .... ~'I.' ;. .".f -.-"'.. J....l 4J' .:. l ',,:..9, i "..\." ,. '" ~~~ ~':" ", 4~f0~~';;' -:., 1 ~ . ,. ~! "~.i .;; ""; 'Ss _ ~. / .r J -:, ..; J,. 4. - ~ '::--~ . -:':,,, / ....:. ~ '::.....:. : ':. . locationMlp ~ .. w > " c y-- .l. :.l.. r '. 5 ..~. '/~~'-' ,,'.s. :a~ ~ONi ~ \ ~- c~ . CIRCLE .: 'J ~ ~z - 0 7 ..... "", '2 :g . · 1t ;! . ~ 6...... .. " ~ '''' .. -- .l.,\ ~:~,' ,~4'.. " . OTY CI' SllJ.WATER ~un.nv'FOO EHBENrF'EROOCNO~ , ~:~.~: '-@ .. amm. .. -- .~- , : . -- ....."" if GHrS f~i :~ 2 V ~~~ 3 ~ .... ......",'" ~srATESPOfotRlXl~ F'ERSCIO(312cea::aJWll!19 , ". 3) FI' uturv 98: A:ROOC51225t .... --- . ......",'" """""'........"" lJ<.2II.PO!125 . ~ C3'~ ~ ---: . =;=i ~ '," - ~ .,: 7 ---.:. ST ~ Tm DClC4n.o. ~ , C~ ~'~,.u'; """""'!...... -...-- I-~~ ....- ~ ili!!._ ..... ~~"'9.~ ~ .. .. lQ J 1 z _ . ~Jj... ~ . ,. .. "'.s- ol' . .l. : ~. '" :~..: !1:~ .. . '" .... ill " . . -. ., : ,,". . I : ., I' ~~ I ra . '" o z :. . weST . .'. ! .13. I . ~ i ?'. ,'" ,p ",'i= ... , ... < .. --- . " wes~ TA .. g ~ IT is I W , '" ~ I :~: l.: ~s '$ .. ~ t ~ I -~ ~: ;; " .. '" .. l<j . . .. : .., ~j ,.....,f ... ~ t - ,~ ~' ~ . .._~...... -- ... . . .. " if! !., .. 2> .. , , " " .. .. , 'I'" H ISTRE .... '- z,. =r 7.. IlLVI!ATER >.I;.... ..., " . . __l1li'-.&.l1lI --. ,. .. . i , j ! f l~ i I 8'.... Ii", , =:- Ii! . , W~r-- ~!.. s ..~~ ~ '--:-': we " '" .I. .,'. . ,. ----; . . ~ '" I--- !i1 . ,o~ y"".. AVENue . . .... ~ . f--- , ~ I--- ~\~ ~i\ ..~ :. :II . l!:i ::: .... ~ ;~ '" '" ~ .. ~ ~ ~ :~ o . z .. . I ! ... YV'" .. .. D2N DIN 1".lCi'/ TI9N T28N 127N R22W R21W R2f1W Vidnity M3p c- I- o j 309 Scale in Feet - "" f. nu. da..q; it till' ftlsul ora ~.lba .ad~~adJeCOIds"*7 ~:':=:::=:'iw~::=a' =~~~~~~.1lIlt 500_: W'lbkJctmCouncy Surw)'Dt's 0IIEc. Ptloaa(6I%)4JO.6i1' Paft:cldlra eum:..tluwlb:lupt31.19J1 f City Council Meeting No. 97- h.. ...":10 , July 15, 1997 . CONSENT AGENDA * Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 1. Resolution 97-157: Directing Payment of Bills. 2, Contractors Licenses: Paragon Pools, Willernie, MN; Orlinson Construction, Stillwater, MN; Horak Inc., Bayport, MN; Bald Eagle Siding, LLC, Vadnais Heights, MN; MCL, LLC, (General Contractor), Eau Claire, WI; D & H Construction, Coon Rapids, MN. 3. Hang banners: United Way - September 8-0ctober 31, Chestnut St.; City of Stillwater Chamber - of Commerce, Fall Colors Art Fair, September 22-0ctober 5. 4. Peddlers Permits: Frederick Kalinoff, farm produce at Greeley & Pine; David Engebretson, farm produce, 4th & Orleans, 5, Authorization to begin Lily Lake Beach picnic area and walkway improvements 6. Resolution 97-158: Employment of Sarah Hamilton as part-time lifeguard 7. Cost Sharing for Brown's Creek Watershed Outlet Monitoring Station 8, Authorization to attend LC.B.O. Annual Business Meeting - Inspection Dept. 9. Resolution 97-159: Agreement with Equipment Supply, Inc., for HV AC preventive maintenance . STAFF REPORTS I, Community Development Director Russell reported a vacancy on the Planning Commission for a term to expire December 31, 1998. The position was vacated by David Charpentier. The vacancy will be advertised and appointment made at the September 2, 1997, Council meeting. Motion by Councilmember Thole, seconded by Councilmember Cummings directing advertisement of vacancy on Planning Commission. All in favor. / Community Development Director Russell also reported the vacation of drainage and utility easements was necessary for the subdivision of Parcel A, Block I, Marketplace 2nd Addition; the easements would be moved to the northern border. Motion byCouncilmember Thole, seconded by Councilmember Cummings adopting Resolution 97-160 vacating drainage and utility easements, Parcel A, Block 1, Marketplace 2nd Additon. PUBLIC HEARINGS 1. Case No. SUP/97-32, This is the day and time for the public hearing to consider an appeal of the Planning Commissions decision from Margaret Mitchell for a chiropractic office use in a residential district. 1055 W. St. Croix Avenue. Notice of the hearing was placed in the Stillwater Gazette on July 3, 1997, and notices mailed to affected property owners, . Community,Development Director Russell reviewed the request and reported the Planning Commission based the denial on concerns expressed by the neighbors related to commercial use in 4 City Council Meeting No, 97-. July IS, 1997 the neighborhood, impacts on traffic and child safety. . The Mayor opened the public hearing. Margaret Mitchell, applicant, explained her request .and asked for approval for one year (September to September). Bernie Jordahl, 1115 Amundson Drive, expressed concerns regarding child safety and setting a precedent for commercial use in the neighborhood. Margaret Jordahl, 1115 Amundson Drive, stated a business would bring strangers into the neighborhood. Ann Cummings, 1060 Amundson Drive, expressed the following concerns: Dr. Mitchell was a renter and did not pay taxes; the neighborhood is zoned residential, not commercial; the road is unimproved; and additional traffic creates a safety issue. Paula Nelson, 1201 Amundson Drive, stated her 17-year old daughter signed the petition supporting the chiropractic office in the home (circulated by Dr. Mitchell) and also signed her parents' names. She stated she is opposed to the commercial use of the property, and requested their names be removed from the petition. She felt the request would not be for "temporary use" but would eventually become permanent. Jeff Hands, 1135 Amundson Drive, expressed strong opposition based on concerns for the safety of children, . Shelly Michaelis, 1341 Dallager Court, stated she is a local realtor. She reported several commercial properties are available in the City and a commercial use in the neighborhood could directly affect the property values of homes in the area, / Judd Orff, property manager for 1055 W. 8t. Croix Avenue, explained the owner of the property approves of the commercial use on a temporary basis only and is adamant the use not be permanent. Riva Nolley, St. Paul, supported Dr. Mitchell's request, stating she is a patient of four years and could assure the neighbors Dr, Mitchell would operate her business in a clean, quiet manner and would be respectful of the rights of the neighbors. Mary Williams, 638 S. Minnesota St., Bayport, spoke to the character of Dr. Mitchell, stating full support of her request and the need to retain her services in the valley. The Mayor closed the public hearing. Motion by Councilmember Bealka, approving a chiropractic office use in a residential district, 1055 W. St. Croix Avenue, Died for lack of second. . Motion by Councilmember Bealka, approving a chiropractic office use in a residential district, 1055 W. 5 City Council Meeting No, 97-1", July 15, 1997 St. Croix Avenue for 8 months (Sept. - May). Died for lack of second. . Motion by Councilmember Cummings, seconded by Councilmember Zoller denying appeal for a chiropractic office use in a residential district, 1055 W. St. Croix A venue. 2-3 (Thole, Kimble, Bealka - nay) Motion Failed. Motion by Councilmember Thole, seconded by Councilmember Zoller approving achiropractic office use in a residential district, 1055 W. St. Croix Avenue, September-January, with no option for renewal. 1-4 (Bealka, Cummings, Kimble, Zoller - nay) Motion Failed. Recessed at 8:15 p.m. Reconvened at 8:30 p.m. Motion by Councilmember Bealka, seconded by Councilmember Thole approving a chiropractic office use in a residential district, 1055 W. St. Croix Avenue from Sept. I - March I, 199~ three days per week, 10 a.m. - 3 p.m., to sunset March I, 199~ 4-1 (Cummings - nay) : ~ ~ 2. Croixwood Boulevard Street Rehabilitation Project, Job No, 9724. This is the day and time for the public hearing to consider the making of a street rehabilitation improvement on Croixwood Boulevard between County Road 5 to Northland Boulevard, pursuant to Minnesota Statutes, Sections 429.011 to 429.111, The area proposed to be assessed for such improvement is properties. abutting Croixwood Boulevard between County Road 5 to Northland Boulevard. Estimated cost of improvements is $130,000. Notice of the hearing was placed in the Stillwater Gazette on July 3, 1997, and July 11, 1997, and notices mailed to affected property owners. . City Engineer Eckles reviewed the proposed project and funding options. The Mayor opened the public hearing. Gene Buck, 2511 Croixwood Blvd. requested definition of "collector street". City Engineer Eckles stated Croixwood Blvd. was close to being a collector street in that it carries more traffic }ban normal residential street. He explained Croixwood was designed for heavier traffic; the base layer was still intact, but the overlay was in bad condition. Raymond Poskozim, 2507 Croixwood Blvd., read the letter he sent to Council citing concerns with the method of assessing, the history of Croixwood Boulevard, and road maintenance. Terry Rodgers, 2504 Croixwood Blvd., stated he did not feel the adjoining residents should pay for maintaining the street when it is used as a route by all Croixwood residents and for heavy construction equipment traveling to other sites; the burden should be shared. He felt two assessments in 10 years to .be unreasonable. Ray Dombrowe, 2337 Croixwood Blvd., also felt the burden of cost should be shared. During the reconstruction of side streets in Croixwood last year, all traffic was directed through Croixwood Blvd., delaying repair to Croixwood Blvd. and further beating up the street. . Debbie Kohl, 2713 Croixwood Blvd. requested alltmcks be kept off the road or have everybody pay through a road fund. 6 ORDINAt~CE NO. 860 AN ORDINANCE OF THE CITY OF STILL WATER AMENDING THE CITY CODE BY ADOPTING "HOME OCCUPATION REGULA TJONS" . The City Council of the City of Stillwater does ordain: I. Amending, The Stillwater City Code is hereby arr.ended as follows: a. Stillwater City Code Section 31-1, Sllbd. i 1 (2)( e) i3 deleted and paragraph (t) is amended to read (e). b. Stillwater City Code Section 31-1, Subd, 12(2)( c) is deleted. c. Stillwater City Code Section 31-1, Suhd. 4, "Definitions"> is amended to add the following section: "Home Occupation means a business or enterprise conducted in a dwelling or accessory dwelling and incidental to the principle residential use whether conducted fer profit or not for profit." d, A new Stillwater City Code Section 31, Subd 71(a) is enacted to hereafter read as follows: "The regulation~ contained in this section with regard to Home Occupations are intended to control over a..."1)' inconsistent reguiations that might appear in the Stillwater City Code. . 1. Type I Home Occupations are permitted uses in the RA, LR, TR, CR or RB Zoning Districts if the Home Occupation is in compliance with the folImving regulations: 1. No outside stor:tge of display of products, equipment or merchandise; 11. No in person retail saies; 111. No traffic that is g!~ater than the residential level of the neighborhood: IV. No separate business entrance; v. No signs; VI. Not more than fifteen percent (15%) of the total gross floor area of a dweliing unit or three hmldred (300) square feet, whichever is less is devoted to Home Occupation use; . . V11. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; Vlll. All Type I Home Occupations must be registered with the Zoning Administrator on a form provided by the City; and IX. i\.ny Type I Horne Occupation use that exceeds the standards set forth in this section requires a Special Use Permit. 2, Type IIIIome Occupations are allowed in the RA, LR, TR or CR Zoning Districts if a Special Use Permit for the Occupation is first obtained. 3. The following regulations with regard to Type II Home Occupations must be observed and the regulations made a part of any Special Use Permit issued for the occupation: No outside storage or display of products, equipment or merchandise i::; permitted; Any remit sales must be accessory or incidental to the primary residential use; Infrequent hobby, craft or alt sales are permitted tvvice per year for not more than six (6) days per calendar year; Customers must be scheduled by appointment; Off-stre~t parking ~ust be provided for any customers; No signs are permitted; Not more than t'Nenty percent (20%) of the total gross floor area of the dwelling unit may be used for the Home Occupation for four hundred (400) square feet, whichever is less; Vlll. Business hours are limited to the period of7:00 a,m. to 8:00 p.m.; ix. No nonresident ~mployees are permitted; x. No traffic that is greater then the normal residential area within the neighborhood; Xl. Type II Home Occupations arc subject to review upon complaints from the neighborhood. Ifin the opinion of the Zoning Administrator the complaints arc substantj.al, a public hearing must be held at which time additional conditions may be added to this Special Use Permit or in the alternative, the Type II Home Occupation Permit may be revoked. 1. 11. 111. IV. V. . v!. VB. 4. Type III Home Occupations are aliowed only in the RB Zoning District if a Special Use Permit is first granted. 5. Type III Home Occupation permits must observe the following conditions and the conditions must be made a part of any Special Use Permit: . 2 -"- , Ii. I. No outside storage or display of products, equipment or merch3Ildise is permitted; . 11. Any retail sales must be accessory or incidental to the primary residemial use; 111, Infrequent hobby, craft or art sales are permitted twice per year for not more than six (6) days per calendar year; IV. Any sign must be unlighted and smaller than two (2) square feet; v. Customers are perinitted by appointment only; VI. _ Not more than twentyp~rcent (20%) of the total gross floor area of the dwelling unit may be used for the Home Occupation for four hundred (400) square feet, whichever is less; Vll. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interferem:e is permitted if it is detectable by adjacent neighbors; Vlll. Business hours are limited from 7:00 a.m. to 8:00 p.m.; IX. Off-stret:t parking must be provided for customers; x. No more traffic which is allowed other than in a normal residential area; XI. No more than one (1) nonresident employee is allowed. xii. Type ITI Home Occupations C1re subject to review upon complaints from the neighboihood. If in the opinion of the Zoning AdmiDistrator the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this . Special Use Permit or in the ~hernative, the Type III Home Ocr.up3tion Permit may b6 revoked. 2. Savings. In all other ways the Stillwater City Code will remain in full force and effect. 3. Effective Date. This Ordinance is effective from and after its passage and publication. j Enacted this 19th day of May , 1998. CITY OF STILL WATER .~ Ja~ ayor- ATTEST: Published Stillwater Gazette 5/22/98 ~irl 1:., U)~, Modi ' eldon, Clerk 1 . . . . \ ~fLf kJ. RrUl ~..et-r .r;;n~r ;vyJ 55or(;Y (,:;~r 1";).1 \ qq g c ~ i .s.t \,,-,>>-ho- \j>\ C.l ~ ~ ""', ~ n... " S.$ ~ CSV"\ aHa Y\. y'fk st. S-n \\\A..M 1e r- {V\/\J ~ 5" 0 rd-' I ~r ~ -'I SS\ c+.Qr5 ': ~ No\......... ,'s ~ ~. .J). ^ v-- .... .f). '-I ~r .N'a i ol.L ~ t 1. 4 I )...,u.,...+-t r. ~ ~.... wr; f,' '\Ij : "- ~pJ' t 66 ~. VY'<;o.lrr...IT f'i\. i .l0-t!l I>-.. It .... 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Ir-J,l/l ~ ().. tJ=e !..... -/1 ~ "'- -b 'ih- -9-fte,,--t- ~+ ~ ~ PQf,'..e,,-f- ' (Ai- fA ~~ \5 rr- ~~ . ~; "-'~ ^t;.L ~~ Q S D 't4...+ /^>'"I6S + h v-L ,.;ff'1 J t)V-.- fa:\-;J.I'\.T- -U~ ~.J- '-jk ~ "'-VTJ~. . ~ ~ no 1- .9-r<.perN2- I-U-c( Qr---1 W'--(~ -A' () '^- ~ ~h-~, ~ ,QJ\~P'^-"--~V"-<f// Cl~r- cu.r- fY' -.yk d.Jrt- ro o..~ I 0... h. Jz ~ rL'1 .ft.-1'LffiA.'-' -\--....e...... nO ~,..- If'- ,-lU.J2 vJ2J..,' t.i.La o'fl-e- r- 'lk~ ~. ~ -\rh.ll's. .fU J-f c.-I v-JL L,' J..e . ~,~I 'tf6 ..$t411 ~ ~tcA.-~t- b' ~ --\vit \ \ e rN ~ c&.o -to N.-r pfA1-;,.e ~fs ; S at'\- ~+ -JoCMf~~I17'~ ~!r~ tJ- MIl Mo.-r1L ~ W \r~'cR--\V !,..- ..DU' ; ~ ~~- T -10 c.r..e.'l.:l- -'1. 6{."- O\.~ P W.J2..- Ob c.tJ ""'-. I ,6t..A^..u-.; ~ 0.. ~ kC<.-v----~ -tv.R ~UL · Jh-o- ~uJ .YI411 ~T ~. br~ tv kr ~ ~~dL.. ~ ~ q....IL ~-\- r- ~prcM-L- ~r-- ~v<P-o-r ~ o/-rtlItR- kr iJro.J;"U>- . ~~IL 1bt-- !J Cf./"4;~+cr- D Ji---.S' .A9-~-t. ~~~y ~ \6~~ ( Lf:?Cf~'iO '-11 J . October 12, 1998 . To: City of Stillwater From: Doug Flory I will not be able to Attendtonight ,bttt-woukt-l-ike-to--express my support to Margaret Mitchell fQ{ h~l"-permit ro operate a-lmsiness in her home located at 1055 V.f. St. Croix Av. I have lived at this address 1630W. St.CIoix Av-. For six years ~d~-net -neticed-any-increase:in:-traffieon4his-s-treet.over this time, even after Margaret moved in. . I have heard concerns that1his would create a traffic hazard and. possibly a dangerous situation for other neighbors,buE fremwhat 1 have heard so far Thepeople-who--arecomplaining would not be effected as they don't live on W. St. Croix Av. I am usually home at different times of the day and have not noticed ml)' irregulartrafficon this road and do believe that seeing 5-6 people a day in her home during business hours would not be a problem. I believe that a petition was passed around approximately 1 year ago and thought that theproblemwasresolved,_but apparently it hasn't I believe that there are other business in the area that are not licenced also so in theidea-offairness please grant Margaret her permit to operate a business. out of her home. I support her wholly in this situation. . Sincerely L/~~tn-- Doug FloryV JUDD ORR: & AGGOaATE-G 324 South Main Street. Suite 220. Stillwater, MN 55082. (612) 439-5450 (651) 439-5450. Fax (651) 439-1057 October 6, 1998 To whom it may concem: From: Judd Orff and Associates Judd E. Orff, CPM, CMCA re: 1055 W. St. Croix Avenue Stillwater, Mn. 55082 Margaret Mitchell, Tenant As property manager for Nena Amundson, owner of 1055 W. St. Croix Avenue, I have her authorization to write this letter. Nena Amundson respectively requests the City of Stillwater grant Margaret Mitchell a 'conditional use pernlit' to operate her business out of the rental home at 1055 W. St. Croix Avenue in Stillwater. The entrance road to said property is a private dead-end street and in our opinion the traffic generated is of little consequence to neighbors west of said property. Nena Amundson has granted permission for said use and greatly appreciates your thoughtful consideration. ~'2-. ~ Leasing and Property Management . . . . October 8, 1998 . . To: Stillwater City Council Re: Margaret Mitchell - Chiropractic Office/Home I have been Margaret Mitchell's neighbor for two years and am writing to offer support for her interest in running her chiropractic business out of her home. Due to the limited number of patients Margaret sees, as well as the fact that the dirt road leading to her home is essentially private (she is responsible for snow removal, etc., not the City), I do not foresee any problems with potential traffic, etc., as is apparently the concern of certain residents in the area. Most of the residents who raise these concerns are ultimately unaffected by any traffic to and from Margaret's home as they reside on the west side of her property. They have to cut through other yards or trespass onto Margaret's property to get to the road. The road ends at the east side of Margaret's property and does not travel anywhere near or across the property of those who raise this issue. This road does, however, run directly past my residence, and I have never had any problems with traffic, etc., going to and from Margaret's home, nor would I anticipate any problems with the limited number of patients Margaret would be seeing for her chiropractic practice. I am not certain why this has become such an issue with certain residents, especially considering the fact that those who do the complaining are as I stated above "ultimately unaffected." With regard to their children being endangered by such traffic on this dirt road, again, they have to cut through yards or trespass onto Margaret's property to reach the road, and it seems apparent they should be using their own access from Oak Glen to reach Stillwater proper. Please give Margaret's request every consideration. Cordially, Peggy Nelson 1035 West S1. Croix Avenue Stillwater, MN 55082 - 451 Ruby Drive W. St. Paul, MN 55118 . October 7, 1998 Stillwater City Council Stillwater City Hall 216 N. 4th St. Stillwater, MN 55082 He: Hearing/Monday, Oct. 12th Dr. Margaret A. Mitchell 1055 St. Croix Ave. W. Dear Council Members: My name is Jan Perkins. I am the Ozzice Manager zor a company called United Scientizic, Inc. located in Little Canada and a patient oz Dr. Margaret Mitchell's. As you can see zrom my return address, I neither live, nor work, in the Stillwater area. I come to the Stillwater area on a weekly basis solely to see Dr. Mitchell. There are many chiropractors in both the West St. Paul and Little Canada areas, but, in my opinion, they do not provide the same degree oz attention, care, respect and overall compassion that Dr. Mitchell has always demonstrated to me. I zeel very zortunate that Dr. Mitchell opens her home to provide a 4It nurturing and saze environment ~hich I believe is very benezicial and complements her healing abilities. Based on my personal experience with Dr. Mitchell, I can only believe that she would extend the same courteous behavior and respect to her neighbors and would never allow a situation to arise that would be disruptive to either her neighbors or neighborhood, or compromise her own, or her zamily's, sazety. Un~ortunately, I will be unable to attend the Council meeting on Monday, October 12th, to voice my support zor Dr. Mitchell and the wonderzul healing work that she perzorms. I hope that this letter will help clarizy Dr. Mitchell's contribution to the Stillwater community both as a Health Care Prozessional and resident. Iz you would like to speak with me, I can be reached by telephone, between the hours oz 8:00 am - 4:30 pm at (651) 483- 1500. Thank you zor your time and consideration. s1ce J~perk . w- ~ 17ft? . . . ~1~fk. ~~: J ftftw- ~ 0-- ~ 112. ;17a/1)/flJ ~~ r L/~ :r~' ~~ ~.1~ ~ J1~~' J/-o- ~~ # ~ fhul ~ ~ ~ti ~d~ uA-~~J1tk~f/r; .~/'.~~~.~.~H~~~ ~~, 5~~~fXerU...~c:r" Jk~~:~~~ d~ r ~62-. ~ ~~. ~. Iv LucrL/c- ~. 0...-'( . ~i" -Iv P- ~ ~, , ~. {;f . iJ~ ;J1~ ~ s (- 7 :3 J - .3 6 d--b 1\ G. · MEMO To: Mayor and City Council From: KLayton EckLes, City Engineer i-,.t. V" Subject: Feasibility Study for 62nd Street and Surface Water Management Study for the Market PLace Area Date: November 6, 1998 DISCUSSION: . The 62nd Street Area PLan Study discusses a need to compLete a feasibility study of the pLanning area as weLL as a surface water management study of the Market PLace storm sewer system. These studies are needed as soon as possibLe because deveLopment is sLated for this area in the very near future. In addition, we anticipate that in 1999 a water main extension wiLL be made from County Road 5 aLL the way the Legends of Stillwater DeveLopment. Attached is a copy of a proposaL from BRA for the compLetion of a feasibility study and a water management study. The proposed feasibility study (Section 1.A-1) wouLd examine the methods and costs of installing sanitary sewer, water main, storm sewer and a new MSA street aLong the west side of County Road 5 from Curve Crest to 62nd Street. ALso, the methods of deaLing with the storm water flows from County Road 5 to Long Lake wouLd be anaLyzed. As part of the feasibility study, a preLiminary street design (Section 1.A-2) wouLd be presented to the State Aid Variance Committee to review and approve a 25 mile an hour speed variance. The State Aid Committee meets in December so it is important to proceed with this immediateLy. The cost to compLete the preLiminary MSA design and the feasibility report is estimated to be $29,600. / The attached proposaL from BRA aLso presents a pLan to compLete a surface water management study of the Market PLace area (Section 3.11). This study wouLd identify opportunities for rate controL and water quaLity improvements around the area. This information is very important for two reasons. First, it has a direct impact on the design of the 62nd Street area storm sewer system. Second, it wouLd give a comprehensive Look at the IndustriaL Park storm water system that has been pieced together over the course of 20 years. The second item is of great vaLue to the City. Over the pass years there have been a number of different design criteria in pLace, there have been changes in drainage areas and districts in StiLLwater and Oak Park Heights and there have been some corrective actions taken at specific Locations. These factors have aLL contributed to a system that we reaLLy do not fuLLy understand. The cost to compLete this surface water study is estimated at $16,755. As an aLternative, the topographicaL mapping couLd be deLeted, and the project cost wouLd be Lowered to $11,250.00. The topographic mapping wouLd be of great use to the City (recaLL staff proposed $60,000 be included in the 1999 Budget for topographicaL mapping). . ~. ~ ,iJI There is a number of financing sources available for this project. When the Curve Crest . Boulevard Extension MSA street project is constructed, the $12,800 cost of completing the preliminary street plan should be reimbursed by MSA. The cost to complete the sewer and water portion of the feasibility report (approximately $3,000) will be charged to the trunk utility fund which will be recouped as part of the 62nd Street trunk area charges. The remaining cost for completing the feasibility report of about $12,000 and the surface water management study of about $16,755 are all TIF eligible expenses. The TIF district 4 and district 1 both contribute water to the erosion problem which is occurring west of County Road 5. Therefore, it is the opinion of the City Attorney that the costs of completing the study to correct this problem as well as some of the costs of making these corrections could be charged to these TIF districts if and when the funds become available. RECOMMENDATION: Since the 62nd Street area appears to be slated for development in the near future and since there are a number of storm water issues and utility issues surrounding this area, staff recommends that Council authorize BRA to complete the 62nd Street Area Feasibility Study, at a cost not to exceed $29,600, as well as the surface water management study of the Market Place area for a cost not to exceed $16,755. (Total Cost $46,355). ACTION REOUlRED: If the City Council concurs with staff recommendation, Council should pass a motion adopting . Resolution No. 98-_, RESOLUTION APPROVING AGREEMENT WITH BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, ORDERING PREPARATION OF FEASIBILITY REPORT ON THE 62ND STREET NORTH AREA AND A SURFACE WATER MANAGEMENT STUDY OF THE MARKET PLACE AREA / . . . . RESOLUTION NO. 98- RESOLUTION APPROVING AGREEMENT WITH BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, ORDERING PREPARATION OF FEASIBILITY REPORT ON THE 62ND STREET NORTH AREA AND A SURFACE WATER MANAGEMENT STUDY OF THE MARKET PLACE AREA WHEREAS, it is proposed to improve and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. That Agreement with Bonestroo, Rosene, Anderlik & Associates to complete the Feasibility Report on the 62"d Street Area, at a cost not to exceed $29,600.00 and a Surface Water management Study of the Market Place area, at a cost not to exceed $16,755.00. is hereby accepted and approved. 2. That the proposed improvement be referred to the City Engineer and Bonestroo, Rosene Anderlik & Associates for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 10th day of August, 1998. / Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk PROFESSIONAL SERVICES AGREEMENT Between CITY OF STILLWATER, MN and BONESTROO, ROSENE, ANDERLlK AND ASSOCIATES, INC. . THIS IS AN AGREEMENT, effective on November 10 ,1998, between the City of Stillwater, Minnesota ("City") and Bonestroo, Rosene, Anderlik and Associates, Inc., St. Paul, MN ("Engineer"), for professional engineering services. Owner and Engineer agree as follows. SECTION 1. PROJECT DESCRIPTION AND UNDERSTANDING The "Project" consists of development of the North 62nd Street Area. On November 1 0, the City Council is scheduled to adopt a Special Area Plan for the North 62nd Street Area. The area includes approximately 150 acres, bounded by North 62nd Avenue and the Croixwood Area on the north, County Road 5 on the east, Highway 36 on the south and County Road 15 on the west. The area was annexed to the City in 1996. The North 62nd Street Area Plan provides specific guidance for future development of the area, and gives direction to developers and the City for land use and densities, parks, traffic and pedestrian circulation, public utilities and storm water management. The land use and infrastructure elements of the Area Plan are highly interconnected. SECTION 2. ENGINEER'S SERVICES 2.1. Scope of Basic Services . The Engineer shall provide Basic Services for the Project in phases, as outlined in Appendix A, Section 1. The services are generally described as follows: 2.1.1. Engineer's initial phase of service will be a Feasibility Study and Preliminary Plan which will help the City to integrate the elements proposed in the Area Plan successfully. The report will: · Include elements of the circulation, storm water management, and open space sys~ems · Detail Project options, costs, assessments, right-of-way needs and scheduling · Follow the recommendations of the Stillwater AUAR Mitigation Plan and Comprehensive Plan. 2.1.2. Upon City approval of the Feasibility Report and written authorization to proceed, the Engineer will provide Basic Services in the final design of the Project. 2.1.3. Upon City authorization to proceed with construction, the Engineer will provide Basic Services in the construction phase of the Project. 2.2. Supplemental Services The Engineer shall provide "Pre-authorized Supplemental Services" as described in Appendix A, Section 2, and, if requested and authorized in advance by the City, the Engineer may furnish "Other Potential Supplemental Services" as described in Appendix A, Section 3. Engineer shall furnish an estimate of the cost for any City-requested Other Potential Supplemental Services for the City's written approval prior to commencement of the work. . J:\MKl\AGR\510800A1 340 Stillwater 62nd Street Area.doc SECTION 3. COMPENSATION . 3.1. Payment for Basic Services 3,1.1. Feasibility Study and Preliminary Plan For completion of the Engineer's Basic Services as outlined in Appendix A,Section 1.A, Feasibility Study and Preliminary Plan, the City will pay the Engineer on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix A, not-to-exceed $29,100 as outlined below. In addition, the City will pay the Engineer's Reimbursable Expenses, which are estimated at $500. Cost Total $ 6,800 6,000 16,300 $29,100 3.1.2. Final Design For completion of the Engineer's Basic Services as outlined in Appendix A, Section 1.B., Final Design, the City will pay the Engineer as a "Fee" a percentage of the "Construction Cost of the Project," which is defined as the total cost of all work designed or specified by the Engineer for the Project including change orders, plus Reimbursable Expenses. The Fee for Final Design Basic Services is determined from the table below, less a credit of $6,000 for Preliminary Plan preparation. The Fee for a Construction Cost between the values listed is interpolated. . Construction Cost Final Design Fee as a Percentage of of the Proiect the Construction Cost of the Proiect $ 300,000 7.13% 400,000 6.76% 500,000 6.39% 750,000 5.93% 1,000,000 5.65% 2,000,000 5.12% / The Construction Cost of the Project is determined as follows, with precedence in the order listed: 1) For completed construction, the costs to the City of all construction work performed, including the value of all alternates designed, whether awarded or not. 2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified bidder, including the value of all alternates designed, whether awarded or not. 3) For work for which bids have not been received, the Engineer's latest Opinion of Probable Construction Cost. "Construction Cost of the Project" does not include: 1) Any payments to the Engineer or its consultants. 2) The cost of the land or right-d-way. 3) Other costs which are the responsibility of the City described in Appendix B that were not specified by the Engineer. . J:\MKl\AGR\51 0800A 1 340 Stillwater 62nd Street Area.doc 2 3,1.3. Construction For Construction phase services performed by the Engineer as outlined in Appendix A, Section . 1.C., the City will pay the Engineer on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix C, plus Reimbursable Expenses. 3.2. Payment for Supplemental Services 3.2.1. For Pre-authorized Supplemental Services and for Other Supplemental Services authorized by the City and performed by the Engineer, the City will pay the Engineer on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix C, plus Reimbursable Expenses. 3.2.2. For the "Surface Water Management Study of the Market Place Area" Supplemental Services identified in Appendix A, Section 3, the City will pay the Engineer on an hourly basis in accordance with Appendix C, in accordance with one of the following two options: $ 8,200 $10,950 8,255 300 $16,755 300 $11,250 SECTION 4. PRELIMINARY SCHEDULE . Both the Engineer and the City will put forth reasonable efforts to complete their respective duties in a timely manner, according to the preliminary Project Schedule attached as Appendix D. Because the Engineer's performance must be rendered with due diligence and be governed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control. SECTION 5. STANDARD TERMS AND CONDITIONS / The Standard Terms and Conditions attached as Appendix B are incorporated in this Agreement. ************************************************************** . J:\MKl\AGR\510800A1 340 Stillwater 62nd Street Area.doc 3 . . . IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ENGINEER: BONESTROO, ROSENE, ANDERllK AND ASSOCIATES, INC. 7l1~~\ 'i ~ Marvin L. Sorvala, President ~l-~ -~g By Date J:\MK1\AGR\510800A1 340 Stillwater 62nd Street Area.doc CITY: CITY OF STillWATER, MINNESOTA By Jay Kimble, Mayor Date And by Nile Kriesel, Coordinator Date J 4 Appendix A Engineer's Services Section 1. Basic Services A. Feasibility Study and Preliminary Plan The Engineer will prepare an engineering feasibility report and preliminary plan. The report and plan will include the following: . 1. Feasibility Study 1.1, Report Preparation 1.1.1. Project introduction 1.1.2. Recommendations 1.1.3. Discussion of Project elements 1.1.4. Sanitary sewer 1.1,5, Water service 1.1.6. Frontage road/traffic signal 1.1.7. Open space/park 1.1.8. Storm sewer 1.1.8.1. trunk, ponds, channel 1.1,8,2. laterals 1.1,8,3. long lake dredging 1.1,8.4. skimming structures 1.1.9. Permits 1.1.10. Easements 1.1.11. Cost estimates 1 .1 .12. Area to be included 1.1.13, Assessments 1.1.14. Revenue 1.1.15. Project schedule . 1.2. Municipal State Aid (MSA) Variance 1. Complete items on Justification Check List to apply for variance request (attached as Exhibit 1) 2. Attend Variance Meeting with City Staff J 2. Preliminary Plan Preparation 2.1. Field Survey 2.2. Prepare Preliminary Plan for frontage road (required for Municipal State Aid Variance Request) The Basic Services include two meetings with City Staff during development of the. Feasibility Report, attendance at the MSA Variance Meeting with City Staff, and presentation of the Feasibility Report at a City Council meeting and at a Public Hearing. 3. Project Deliverables The Engineer will submit 15 copies of the Feasibility Study Report to the City five calendar days before review by the City Council. The Engineer will submit three copies of the Preliminary Plan and other information needed for the Variance Request to the City to meet the deadlines for submission of the Variance Request (November 30, 1998). . J:\MKT\AGR\51 0800A 1 340 Stillwater 62nd Street Area,doc A -1 . . . The Engineer will present the data contained in the Feasibility Study to the City Council at a public hearing using maps and diagrams as needed to depict the nature and location of the Project and elements of the Feasibility Study. B. Final Design Upon receipt of City authorization to proceed with the Final Design, the Engineerwill: 1, Design and prepare detailed plans and specifications for the Project. During the design and preparation of. the plans and specifications, the Engineer will periodically consult with the City's appointed representative to obtain the City's comments. Upon completion, the Engineer will submit five sets of the plans and specifications for review by the City, five calendar days prior to their review and approval by the City Council at a public meeting. 2. Prepare the Contract Documents for review by the City and its attorneys, which include: 2.1. Construction agreement forms 2.2, Payment and performance bond forms 2.3. General conditions 2.4. Special provisions 2.5. Specifications 2.6. Detailed plans 2,7. Proposal forms The Engineer will furnish Contract Document sets in sufficient quantity to satisfy the number of anticipated bidders. 3. Advise the City as to necessary services in addition to those furnished by the Engineer, such as land and easement surveys, soil borings, testing services and other information needed for a Project. If authorized by the City, the Engineer will assist the City to procure these services. The providers of these services will contract directly with the City and issue invoices directly to the City. 4. Prepare a statement of the Engineer's Opinion of Probable Construction Cost for the Project, based upon designs established to this point. 5, Upon receipt of City Council authorization to proceed, the Engineer will assist the City if! obtaining and analyzing construction bids for the Project. Based on the bids, the Engineer will prepare a recommendation for award. C. Construction Phase . The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and samples, work product and requests for payments) do not increase the responsibility or duties of the Engineer beyond those explicitly described elsewhere in this Agreement. By making these review efforts, the Engineer does not guarantee the performance of the Contractor or assume responsibility for any acts or omissions of the Contractor, including any failure of the Contractor to properly perform its work or comply with its obligations, and the City's sole remedy for the Contractor's acts or omissions is from the Contractor and not the Engineer. Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Engineer will: 1. Organize, attend and assist the City at the pre-construction conference with the successful bidder, and any other parties, bodies, or agencies who have an interest in the Project. J:\MKT\AGR\510800A1 340 Stillwater 62nd Street Area.doc A-2 2. Provide construction survey staking. 3. Visit the Project site at appropriate intervals during construction to become generally familiar with the . progress and quality of the contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services, Further, the Engineer does not supervise or have control over the Contractor's work, the means or methods of construction, or safety precautions in connection with the work, As a result, the Engineer does not guarantee the performance of a contractor, and has no responsibility for the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on a project. (More extensive site representation may be agreed to as a Supplemental Service, as described in Section 3 of this Appendix), 4. Review of shop drawings, samples and other submittals. Engineer shall review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Engineer's design intent and conformance with information given in the Contract Documents, The Engineer shall not be responsible for any aspects of a shop drawing submission relating to the duties of the Contractor (such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto) all of which are the Contractor's responsibility, and not the responsibility of the Engineer. 5. Review the Contractor's request for progress payments, advise the City in writing as to the Engineer's opinion of the extent of the work completed in accordance with the terms of the Construction Contract, and issue for processing by the City all requests for payment. 6. Make recommendations to the City as to all claims relating to the execution and progress of the construction work. 7. Issue such additional instructions to the Contractor as may be necessary to interpret the drawings . ahd specifications or the illustrated changes required in the Contractor's work. 8, After consulting with the City, prepare Change Orders for work not covered by the Contract or for substantial over-run of estimated "contract quantities" as defined in the Project's Contract Documents, for the City's approval and execution. Change Orders shall be processed as soon as practical after the City provides written approval to the Engineer. The City understands that Change Orders may be required during a Project for many reasons, including because of incompleteness, errors, or ambiguities in the Construction Documents. The Engineer shall not be liable for any type or quantity of Change Orders that are within professional standards, In no event shall the Engineer be responsible for paying the cost of a Change Order or other change to the extent that it would have been otherwise necessary to a Project or otherwise adds value or betterment to a Project. 9, Conduct construction progress reviews with the Contractor and the City related to the Contractor's date of completion. 10. Coordinate periodic field tests during the course of construction. 11. Conduct an inspection to determine if the work is substantially complete, On the basis of its on-site observations, the Engineer shall prepare a "punch list" for the Contractor, listing work left to be completed by the Contractor. 12, Conduct, in the presence of the City's Representative, a final inspection of the Project as constructed to determine whether it: 12.1. Generally conforms with the Engineer's design concept of the Project as contained in the Contract Documents,. and 12.2. Appears to be constructed in accordance with the Contract Documents. . J:\MKl\AGR\510800A1 340 Stillwater 62nd Street Area,doc A.3 . . . 13, The Engineer shall certify a recommendation for acceptance of the work to the City and then shall forward to the City a written approval of the Contractor's Request for Final Payment which shan be signed by the Contractor. 14, Arrange for the City to receive detailed instructions regarding the operation and maintenance of any equipment, machinery or apparatus installed as part of the Project. Such instructions shall be supplied by the Contractor and manufacturers' representatives. 15, Collection of field-measured quantities required to produce "Record Plans." 16. Prepare and furnish the City a set of reproducible "Record Plans" of the construction Project showing those changes the Engineer considers significant which were made during the construction process, based on marked-up prints, drawings, and other data furnished by the Contractor, upon which the Engineer may rely in preparing the Record Plans. Section 2. Pre-Authorized Supplemental Services By this Agreement, the City pre-authorizes and requires the Engineer to provide the following Supplemental Services: 1. In the Final Design phase, assist the City in preparing applications necessary for approvals, permits and licenses from other entities, such as the Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, U,S, Army Corps of Engineers, watershed districts, railroads, and private utilities, and making any unanticipated changes resulting therefrom. 2. Making revisions in drawings, specifications or other documents when such revisions are: 2.1. Inconsistent with approvals or instructions previously given by the City; 2.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents; 2.3, Due to changes required as a result of the City's failure to render decisions in a timely manner; or 2.4, Due to any other causes beyond the Engineer's control. 3. Providing consultation regarding the replacement of all such parts of the Project as may be damaged by fire or other cause during construction and assisting the City in arranging for continuation of the work should the Contractor default for any reason. / 4, Providing services made necessary by the default of a Contractor, by major defects or deficiencies in the work of a Contractor, or by failure of performance of either the City or a Contractor under the Contract for construction. 5, Construction dispute resolution assistance, 6, Providing services in connection with warranty work to be done by the Contractor. Section 3. Other Potential Supplemental Services If authorized by the City, the Engineer may provide the following services. 1. Transportation engineering and planning services, including: 1.1, Transportation analysis which encompasses and benefits an area greater than that of the Project. 1.2. Traffic signing and pavement marking design. 1.3. Traffic analysis, signal justification reports. and development of signal timing associated with preparing traffic signal plans and specifications. 1.4, Traffic analysis required for roadway and intersection geometric design. 1.5. Project development reports (project path and design study) required for Mn-DOT -funded projects, J:\MKT\AGR\510800A1 340 Stillwater 62nd Street Area,doc A-4 2, Attendance at neighborhood meetings in excess of those noted in Basic Services. 3, Assistance with assessments. 4. Attendance at and assistance with public hearings in excess of those noted in Basic Services. . 5, Assistance with easements, 6. Preparation of applications for funding assistance. 7, Hydraulic and hydrologic studies, such as: 7.1. Hydraulic analysis benefiting an area greater than that of the Project. 7,2. Stormwater, surface water and groundwater quality analyses. 8, Assisting the City or its representative in connection with mediation, arbitration, litigation or other proceedings involving the Project, including preparing to testify and testifying as an expert witness. 9, Providing one or more full-time Resident Project Representatives (and assistant(s)) in order to provide the City with continuous representation at the Project site during the Construction Phase, but only if requested by the City or recommended by the Engineer and authorized by the City. 10, Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted engineering practice. 11, Surface Water Management Study of the Market Place Area This study will address concerns related to storm water management in the Market Place Area that were raised during the process of developing the North 62nd Street Area Plan. It will address issues raised by the City and residents concerning the rate and quality of runoff from the Market Place area, and identify opportunities for rate control and water quality improvements. The Engineer will complete the following tasks for this study: · Collect, inventory, and analyze existing data on surface water management in the Market Place area · Identify, analyze and evaluate existing surface water management system and options for improvements · Quantify potential improvements to rank their effectiveness and benefit to the City · Develop conceptual plans for potential improvements · Coordinate one public meeting with interested residents to discuss the study · Prepare and present a report that discusses the findings of the study Summary of analysis regarding the existing surface water management within the Market Place Area Identification and description of improvements and their relative cost effectiveness Summary of surface water system with recommended improvements, If specifically authorized by the City, Engineer will obtain digital topographic mapping 01 the area, This mapping will reduce the costs of field investigation and survey, and will be useful to the City for other projects, The mapping: · Will include collection of all visible planimetric features such as buildings, roads, trees, fences and poles · Will be scaled at 1" = 200 ft. with contours shown at 2 ft. intervals. · Will be delivered in digital format consisting of AutoCAD files only · Delivery will include a digital terrain model file The Engineer will endeavor to complete the study within approximately one month after receiving the topographic mapping. Approximately one month will be needed for Engineer's consultant, Horizons, Inc. to obtain the mapping. Engineer's efforts will include two meetings with City staff, one neighborhood meeting, and one presentation to the City Council. . . J:\MKT\AGR\510800A1 340 Stillwater 62nd Street Area,doc A-5 Appendix 8 Standard Terms and Conditions . SECTION 1. ENGINEER'S SERVICES Engineer shall act as the City's agent only as provided for within this Agreement. . SECTION 2. THE CITY'S RESPONSIBILITIES The City shall: 1) Provide full information as to its requirements for the Project. 2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards which the City shall require the Engineer to follow in the conduct of its services for the Project. 3) Place at Engineer's disposal all available written data in the possession of or readily available to the City and pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and zoning maps, borings and other data useful to the Engineer in the performance of its services, 4) Acquire all land, easements, and rights-of-way and provide for land surveys and the preparation of legal . descriptions and exhibits, certificates or plats, as may be necessary for the Project. 5) Provide access to the Project site and make all provisions for the Engineer to enter upon public and private lands as required by the Engineer to perform its services, 6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications, drawings, proposals and other documents presented by the Engineer and promptly render the City's decisions pertaining to each of such documents. 7) Designate a single person to act as the City's Representative with respect to the Engineer's services. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies and decisions with respect to services covered by this Agreement, subject to City's governing body approval when required by law, 8) Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project or any development that affects the scope or timing of the Engineer's services. 9) Furnish, or instruct the Engineer to provide at the City's expense, necessary .Supplemental Services" as may be provided for in this Agreement, or other services as they . may be required. 10) Unless otherwise provided, furnish to the Engineer, as required by the Engineer for performance of its services, J:\MKT\AGR\510800A1 340 Stillwater 62nd Street Area,doc information or consultations not covered in the Engineer's Basic Services, such as core borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, and right-of-way surveys and property descriptions; zoning and deed restrictions. 11) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the work. 12) Furnish inspection or monitoring services as the City desires to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Engineer in this Agreement does not undertake to perform these services. In performing its services, the Engineer may rely upon the accuracy and completeness of all City-provided information. SECTION 3. COMPENSATION 3.1 Payment for Reimbursable EXDenses Unless otherwise provided, in addition to Engineering fees, the City will pay the Engineer for Reimbursable Expenses on the basis of the Engineer's cost. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; Project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and per-diem expenses of the Engineer for out-of-town trips required for the Project; long distance telephone calls and faxes as required to expedite the work; the costs for cellular phone calls/s~rvice for Engineer's field personnel on the Project; Project photographs taken before and during construction; construction stakes; postage and delivery charges; and out-of-pocket expenses incurred directly for the Project. 3.2. Obiections to InvoiceslNo Deductions It is important for the Engineer to be promptly informed of problems, If the City objects to any portion of an invoice, the City shall notify the Engineer in writing within twenty days of the invoice's receipt. The City agrees to pay any undisputed portions of an invoice, No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, arbitration; litigation or other dispute resolution mechanism to which the Engineer is a party. 3.3 Susoension of Work If the City fails to make payments when due or otherwise breaches this Agreement, the Engineer may suspend work after providing five days notice to the City. The Engineer will B-1 not be liable for any costs or damages resulting from such a suspension of work, 3.4. ProQress Payments The City will make progress payments to the Engineer in proportion to services performed, as reasonably estimated by the Engineer. The Engineer will invoice the City monthly during the progress of the work. The City shall pay each properly documented. invoice of the Engineer within 30 . days after the City's receipt of such invoice. Owner may not reserve as retainage any portion of a payment due under this Agreement. 3.5. InteresUCollection Costs The City agrees to pay the Engineer 1 % per month interest on all invoices of the Engineer, with interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt Payment Act (Minn, Stat. Sect. 471.425) requires a higher rate of interest, that rate shall apply. If the City fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the City agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. SECTION 4. GENERAL CONSIDERATIONS 4.1. Standard of Care The Engineer shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under like circumstances, Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care. 4.2. Delavs Both the Engineer and the City will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Engineer's performance must be governed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement. 4.3. Opinions of Costs and Schedules Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional Engineer. The Engineer does not guarantee that proposals, bids, actual Project costs or construction schedules will not vary from Engineer's opinions or estimates. If the City desires greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or instruct the Engineer to provide as a Supplemental Service, an independent cost estimator, 4.4. Insurance J:\MKT\AGR\51 OaOOA 1 340 Stillwater 62nd Street Area,doc 4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $2,000,000 annual aggregate, on a claims-made basis, as long as such insurance is reason. available under standard policies at rates comparable to th currently in effect. The Engineer will not cancel the insurance until thirty days after providing the City written notice, 4.4.2. The Engineer shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not less than $1,000,000 each, 4.5. Ownership of Instruments of Service Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications and reports ("Engineering Documents") are instruments of the Engineer's professional services, and not products, The Engineering Documents are prepared for a specific Project, and may not be used for other Projects, For health and safety reasons, the City agrees it will not use the Engineering Documents (except for computer hydraulic or hydrologic modeling data) for other purposes or provide them to other persons, If the City violates this provision, it waives any resulting claims against the Engineer, and agrees to defend and indemnify the Engineer from any resulting claim or liability (including reasonable attorneys' fees), 4.6. DiQital Data . 4.6.1. If included in Basic Services or Supplemental Services and as a convenience to the City, the Engineer will furnish the City with Digital data versions of certain drawings or other written documents ("Digital Data") provided in hard copy form, In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Engineer and is f10t warranted to be compatible with other systems or software. The City understands that the Digital Data is perishable and must be maintained by the City. 4.6.2. Any Digital Data submitted by the Engineer to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Engineer will be corrected by the Engineer at no extra charge. For correction of defects reported to the Engineer after tlie Acceptance Period, the City shall compensate Engineer on an hourly basis at Engineer's billing rates set forth in Appendix C. The City understands that the Digital Data is perishable and the City is responsible for maintaining it. 4.7. Termination. Suspension or Abandonment 4.7.1 The City or the Engineer may terminate or suspend this Agreement. The terminating or suspending party shall notify the other party 30 calendar days prior to the effect.' date of the termination or suspension, B-2 4.7.2 The Engineer and the City will cooperate if the Engineer's work is terminated, suspended or abandoned for any reason, In addition, the City shall timely pay the Engineer tf;r services rendered and costs incurred as required by this reement. Services and costs shall include those rendered nd incurred up to the time of termination, suspension or abandonment, as well as those associated with the termination, suspension or abandonment itself, pursuant to. the rates in AppendixC, If the Project is reinstated, an equitable adjustment to the Engineer's compensation may be necessary, 4.8. Dispute Resolution 4.8.1 In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the City and the Engineer arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. 4.8.2 Unless the City and the Engineer mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $200,000, shall be decided by binding arbitration in accordance with the then-most current Construction Industry Rules of the American Arbitration Association. 4.8.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. .8.4. If the Engineer or the City intends to assert a claim ainst the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party, 4.8.5. So that any claims of the City may be intelligently addressed by the Engineer, the City agrees to make no claim for professional negligence against the Engineer unless the City has first provided the Engineer a written certification signed by an independent professional engineer licensed in Minnesota and currently practicing in the same discipline.. The certification shall specify every act or omission of the Engineer that is a violation of the applicable standard of care and the basis for the certifier's opinion(s). This certificate shall be provided no fewer than 30 days prior to instituting arbitration or suit. 4.8.6. Causes of action between the Engineer and the City relating to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a Project. 4.9. Hazardous Substance The Engineer's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the egineer's services, the Engineer may suspend performance f its services, without liability, and will assist the City to retain J:\MKT\AGR\51 0800A 1 340 Stillwater 62nd Street Area.doc appropriate specialist Engineers to adequately identify and abate such materials so that Engineer's services may resume. 4.10. Governina Law This Agreement shall be governed by the laws of the State of Minnesota and any dispute shall be venued in the state or federal courts in Minnesota. 4.11. Intearation This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties, It shall be modified only by a written document signed by the party sought to be bound, The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision, 4.12. Assianment Except for the Engineer's use of necessary consultants, the Engineer and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. SECTION 5. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineer's services, the benefits of the Project, the Engineer's fee for its services, and the promises contained in this Agreement, the City and the Engineer agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law, 5.1 Indemnification The Engineer and the City each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney'~ fees) to the extent they are caused by their negligent acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Engineer and the City, they shall be bome by each party in proportion to its own negligence. 5.2 Limitation of Liabilitv The Engineer's and its employees' aggregate liability to the City for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed the insurance proceeds available at the time of settlement or judgment. This limitation shall apply regardless of the cause of action or legal theory pled or asserted, 5.3 Conseauential Damaaes Neither the City nor the Engineer shall be liable to the other for any consequential damages incurred due to the fault of the other or their agents, Consequential damages include, but are not Iimited.to, loss of use and loss of profit. B-3 5.4 Desian without Construction-ohase Services 5.4.1. Should City provide Construction Phase services with either City's representatives or a third party, Engineer's Basic Services under this Agreement will be considered to be completed upon completion of the Final Design Phase as outlined in Appendix A, J:\MKT\AGR\51 OaOOA 1 340 Stillwater 62nd Street Area,doc 5.4.2. It is understood and agreed that if Engineer's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other Construction Phase services, and that such service.' . be provided by City, then City assumes all responsibili' interpretation of the Contract Documents and for constructl n observation or review and waives any claims against the Engineer that may be in any way connected thereto, . J . B-4 ~ . . Appendix C 1998 Billing Rate Schedule . Classification Hourly Rate Senior Princioal . $92.50 Princioal/Proiect Manaaer; Senior Scientist 83.00. Registered Engineer/ArchitecVLandscape Architect; Natural Resource Soecialist 72.00 Project Engineer/ArchitecVLandscape Architect/Scientist; Sr. Field Suoervisor 63.00 GIS Soecialist; Senior Desianer 62.00 Graduate Enaineer/Architect/Scientist; Field Supervisor 56.50 Senior Drafter/lnsoector 51.00 Inspector; Drafter' Senior Technician 47.50 Technician 33.50 Word Processor 33.00 Clerical 25,50 Total Station Eauioment 20.00 GIS Workstation Equipment 20.00 These rates are adjusted annually in accordance with the normal review rocedures of Bonestroo, Rosene, Anderlik and Associates. Inc, . . J:\MK1\AGR\51 oaOOA 1 340 Stillwater 62nd Street Area.doc C -1 / Appendix D Preliminary Project Schedule November 30, 1998 December 30, 1998 Janua 26, 1999 Febru'a 23, 1999 J:\MKT\AGR\51 OBOOA 1 340 Stillwater 62nd Street Area.doc .' . 'i' ~ .... . . j . D -1 . MEMO To: From: Subject: Date: MS ayor and City Council /.' .. ~ . .... teve Russell, Community Development Director /......--. . . Results for City Hall Area Parking Study November 4, 1998 Background: In July 1998, the City Council approved consultant services for a parking study for the area around City Hall. Owners ofthe property and businesses in the area had requested the study to examine the "parking problems" and to come up with possible ways to address the problem. SEH was contracted to prepare the study. They are familiar with the Downtown Stillwater parking situation and have prepared other parking studies for the City. Meetings were held with area property owners and organizations on September 2nd and October 1 (see attached sign up sheet). At those meetings, the results from a downtown parking survey were presented and parking use and needs were described by those in attendance. At the October 1 st meeting, the results of the analysis was presented with suggestions for improvements. . The attached report presents the study data, analysis and recommendations for improvement. At meeting time, the consultant will present the study results and recommendation. Recommendation: Accept study and consultants recommendations for City Hall area parking improvements and implement as resources are available. Attachment: Parking Study 10-23-98 j . . '-'SeJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A nON October 23, 1998 RE: Stillwater, Minnesota City Hall Parking Study SEH No.A-STILL9901.00 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082-4898 Dear Steve: We have reviewed parking in the area near City Hall bounded by Linden and Myrtle Streets on the north and south, and Third and Fourth Streets on the east and west (Appendix A). The library and Trinity Lutheran Church (TLC) have expressed concerns of inadequate parking in the area for themselves and the surrounding businesses. Also of concern is the use of the two TLC lots by non- TLC vehicles. DATA . Two types of data were collected to evaluate the current parking needs in the area: License Plate Data To determine the current parking use, a license plate study was conducted from 8:00 a.m. to 7:00 p.m, on a weekday. License plate data was collected every hour for each parking space in the area (Appendix B). Analysis of the data provided information about the use of available parking and the rate of turnover at each location. For instance, the Post Office customer lot had a high turnover rate of 5.11 which agrees with the typical postal visit in which people stop in for a brief time to purchaSe postage, or pick up and drop off mail. Conversely, the City Hall lot, which consists primarily of employee parking, had a much lower turnover rate of 1.5 concurring with typical employee parking activity where most vehicles remain in the same parking space throughout the day with the exception of some movement during the lunch hour or for business trips. Expected Demand To supplement the license plate data, information detailing employees, customers and activities was obtained from each of the area businesses. This information was used to establish the expected parking demand in the area. The information was organized into a tabular form to easily identify the number of people that each business attracted at a given time on a given day (Appendix C). Using additional information from the businesses, such as whether an activity was for children or where customers preferred to park, we associated people with vehicles and distributed the vehicles to the parking locations they were most likely to use. . SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN Sf CLOUD, MN CHIPPEWA FALLS. WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER Mr. Steve Russell October 23, 1998 Page 2 . ANAL YSIS City License plate data were compared to the expected demand to determine where each business was parking, and if they required additional parking. For example, the expected demand indicated that City employees require an average of 33 parking spaces in the area during business hours, including City Hall, Police and Fire Departments. The license plate data demonstrated that between the City Hall lot and the Police and Fire lot, an average of 35 spaces were occupied during business hours with each lot having a surplus of at least 10 spaces. These results indicate that the City can accommodate its weekday parking needs, The only instance when the City requires additional parking is during well-attended councilor planning commission meetings that take place two to four times per month on Monday and Tuesday evenings. Library Similarly, the library's parking needs are accommodated by its own lot and on-street parking. Even its storytelling event, which draws up to 200 people on Thursday evenings, can be accommodated with little, if any, use ofTLC's Fourth Street lot. The license plate study, conducted on a Thursday, revealed the Library lot, the east side of Fourth Street, and West Mulberry Street were being used at peak parking demand, while the TLC Fourth Street lot was at its lowest parking use with only 7 out of 136 spaces occupied, . TLC and Ascension During weekdays, with the exception of a few residents or outside employees, the TLC Fourth Street lot and the TLC Third Street lot are used primarily by Trinity related entities and the Post Office. The other businesses along Fourth Street and Third Street can readily accommodate their parking needs with their own lots and on-street parking. The principal parking conflicts occur during church events at both of the area churches, Ascension and Trinity Lutheran. During weeknights, the largest parking demand occurs Wednesday evenings during vayious choir practices and religious education activities at the churches. Approximately 920 people enter the City Hall area on Wednesday evenings with over 500 of them from TLC. Although many of these people are dropped off, carpool or are children, the parking need remains quite substantial. Fortunately, other businesses have scheduled their large events on other evenings to avoid adding to the large demand of the two churches. On weekends, the main parking conflict occurs during Sunday church services. Ascension has no on-site parking so it relies primarily upon on-street parking for the 180 people attending one of the two Sunday morning services. TLC requires substantial parking on Sundays with 1,700 attending one of the three services. RECOMMENDATIONS Though the current parking situation is not critical, there is opportunity for improvement. The recommended improvements consist primarily of basic construction and parking management activities. . Mr. Steve Russell October 23, 1998 Page 3 . City Hall Lot Though the City was found to have sufficient parking to accommodate its needs in most cases, improvements will allow for greater utilization of the property alleviating some unnecessary Fourth Street parking conflicts. The present configuration of the lot may be altered to accommodate more vehicles. Near the building it may be possible to provide more spaces through rearrangement. Away from the building, trimming back the brush along the edge of the lot could add up to a double row of . spaces in the center. In addition, a clear space between the pavement and trees along with a curb and gutter would better define the lot, and provide more space for snow removal allowing for consistent and maximum utilization of all spaces. Striping should done to maximize capacity. Spaces could be designated for library employees or all police and fire employees through signage of employee and visitor parking, The north parking lot of the old Junior High School is an example of how the lower City Hall lot could be improved, More lighting and the potential addition of a surveillance system to be monitored in the police or fire station will address safety concerns. The clear space mentioned above will also improve the feeling of safety as would a chain-link fence along the perimeter of the brush. . Since lot improvements will increase use from non-City Hall businesses, a sidewalk should be added along the north side of the Fourth Street access. The steep grade of the driveway may warrant steps. To encourage use by City Hall visitors and others during evenings and weekends, the lot access should be made more visible through better landscaping and signage. Circulation in the lot can be improved to allow for easy access and egress - this may include repairing the driveway from the City Hall lot to the Police and Fire lot. Additional indoor signing should be installed to guide the visitors using the lot through the City Hall building. Police and Fire Lot The City Hall lot may accommodate some additional employees providing more space for volunteer parking in the Police and Fire lot. Changes to the Police and Fire lot that provide the most parking in conjunction with the best circulation for emergency access and egress should be exploreq" including signing and striping. Fourth Street Parking restrictions that limit the time a vehicle may be parked in a space will convert prime parking spaces to short duration, high turnover spaces. This will encourage area employees to parkin designated spaces thus providing more prime spaces for customers. . TLC Fourth and Third Street Lots To ensure that TLC has sufficient and convenient parking for their activities, they could designate employee spaces in their lots and restrict the use of the remaining spaces during prime times. Using signing, they could allocate a reasonable number of spaces to the employees of each church-owned entity around the perimeter of the Fourth Street lot. This leaves the center of the lot, the area in front of the Warm World building and the spaces along Fourth Street open for customers and visitors. Similarly, they could sign the rear of the Third Street lot for TLC employees and leave the front open for visitors. Such a plan allows TLC to easily police and manage their lots. In addition, the plan provides TLC visitors with prime spaces during peak times and allows TLC to partner with others during off-peak times to provide their neighbors with parking. . . . Mr. Steve Russell October 23, 1998 Page 4 It may be necessary to use permits for employees to initially enforce the arrangement. Before implementation, all other possible users of the lot should be notified to encourage cooperation from the beginning and to avoid conflicts. Some users may be interested in partnering with TLC to provide parking for their employees, visitors or residents, If possible, TLC could negotiate with the Post Office to provide them with some designated spaces for their employees during postal hours in either the Third or Fourth Street lots in exchange for use of their parking on Sundays and Wednesday evenings. Ascension Ascension Church could provide some parking for weekday staff at one of the church properties or by utilizing on-street locations that are not in restrictive areas such as West Mulberry Street. A partnering process with a nearby business may also prove successful in obtaining employee parking. They could encourage visitors, who are able to park farther away, to use either the City Hall or Library lots during Sunday services. Overall Other highly effective parking management solutions are already in place, namely, the continued efforts of each business to cooperatively address and avoid parking conflicts. If each of the facilities and businesses continues to work together to balance their event schedules, avoiding overlap whenever possible, parking needs should be met in the area. Additionally, each business could make their parking lots available to other businesses during times of low or non-use. The City should also monitor area and downtown growth to mitigate future parking conflicts in the City Hall area. If you have any questions, please call me at 490-2176 or Glen Van Wormer at 490-2045. Sincerely, Short Elliott Hendrickson Inc. I ) Heather Kienitz Project Engineer HNK/sh/GVW Enclosures c: Klayton Eckles, City of Stillwater Nile Kriesel, City of Stillwater Glen Van Wormer, SEH Tom Sohrweide, SEH F:\projecls\rs\Slill\990 1 \report.o23. wpd . . . Appendix A Area of City Hall Parking Study .... ~ ~ b 00 t> ... ~ ,.Q - TLC 4th Street Lot Police & Fire City Hall = ~ ~ Fourth Street .... .... ~ ~ ~ ~ b b 00 00 ~ Post Office Library Care Center = '= ~ ... 'C i = ..... ~ Third Street .... ~ TLC 3rd ~ ... .... Street Lot 00 t> ... ~ ,.Q _. ~ ~ Appendix B License Plate Study Tabulations . City Stillwater . Site No. Parking Location Total Spaces Parking Limit Time Circuit Began 8:00 AM 9:00 AM 10:00 AM 11 :00 AM 12:00 PM 1 :00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Total Vehicles Total Vehicle Hours Average Duration hr Turnover veh Average Use % full Maximum Use! Hour Date 7/23/98 2 24 Per Hour None Total New Vehicles Vehicles No. % No. % 12 50 12 11 46 2 10 42 1 12 50 3 9 38 1 13 54 4 13 54 3 13 54 0 19 79 8 15 63 5 15 63 6 13 54 1 155 46 155 3.37 1.92 54 79 4pm Duration: time parked in a given parking space D=Sumrl#veh okd for x intervalslC# of intervals okd)(intervallenathll total # of veh observed Turnover : number of vehicles parked in that space . T = # of different veh okd # of pkg spaces B-1 . City Stillwater Appendix B License Plate Study Tabulations Date 7/24/98 . Site No. Parking Location Total Spaces Parking Limit Time Circuit Began 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1 :00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Total Vehicles Total Vehicle Hours Average Duration hr Turnover veh Average Use % full Maximum Use! Hour None Total New Vehicles Vehicles % No. 2 20 2 2 20 0 2 20 0 2 20 0 2 20 0 3 30 1 2 20 0 2 20 1 2 20 0 1 10 0 1 10 0 3 30 2 24 6 24 4.00 0.60 Duration: time parked in a given parking space 1 & 7pm D=SumfC#veh okd for x intervalslC# of intervals okd)(intervallenathll total # of veh observed Turnover: number of vehicles parked in that space . T = # of different veh okd # of pkg spaces B-2 . City Stillwater Appendix B License Plate Study Tabulations Date 7/25/98 . Site No. Parking Location Total Spaces Parking Limit Time Circuit Began 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Total Vehicles Total Vehicle Hours Average Duration hr Turnover veh Average Use % full Maximum Use! Hour None Total New Vehicles Vehicles No. % No. % 1 4 1 8 32 7 10 40 4 10 40 5 10 40 2 10 40 5 12 48 8 16 64 9 16 64 5 12 48 4 10 40 7 20 80 14 135 71 135 1.90 2.84 80 Duration: time parked in a given parking space D=Sumf(#veh Dkd for x intervalsl(# of intervals Dkdl(intervallenathll total # of veh observed Turnover: number of vehicles parked in that space . T = # of different veh Dkd # of pkg spaces B-3 Appendix B License Plate Study Tabulations . City Stillwater Date 7/26/98 Site No. Parking Location Total Spaces Parking Limit Time Circuit Began Total New Vehicles Vehicles No. % No. % 6 67 6 2 22 2 5 56 5 5 56 5 3 33 3 6 67 6 3 33 3 5 56 5 7 78 7 3 33 3 1 11 1 0 0 0 46 46 46 1.00 5.11 43 . 78 4pm Duration: time parked in a given parking space D=Sumr(#veh Dkd for x intervals)(# of intervals Dkd)(intervallenathll total # of veh observed Turnover: number of vehicles parked in that space . T = # of different veh Dkd # of pkg spaces B-4 Appendix B License Plate Study Tabulations . City Stillwater . Site No. Parking Location Total Spaces Parking Limit Time Circuit Began Date 7/27/98 12 27 Per Hour None Total New Vehicles Vehicles No. % No. % 17 63 17 18 67 2 18 67 1 18 67 0 16 59 5 19 70 7 20 74 5 20 74 3 19 70 2 10 37 4 11 41 6 11 41 2 197 54 197 3.65 2.00 61 74 Duration: time parked in a given parking space 2 & 3pm D=Sumrt#veh okd for x intervals)(# of intervals okd)(intervallenathll total # of veh observed Turnover : number of vehicles parked in that space . T = # of different veh okd # of pkg spaces B-5 Appendix B License Plate Study Tabulations . City Stillwater Date 7/28/98 . Site No. Parking Location Total Spaces 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1 :00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Total Vehicles Total Vehicle Hours Average Duration hr Turnover veh Average Use % full Maximum Use! Hour 15 South Side of E. Mulberry St. 3 Per Hour None Total New Vehicles Vehicles % No. % 1 33 1 33 1 33 0 0 2 67 1 33 1 33 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 2 5 J 2.50 0.67 Parking Limit Time Circuit Began 10am Duration: time parked in a given parking space D=Sumrt#veh pkd for x intervalsl(# of intervals pkdl(intervallenathll total # of veh observed Turnover: number of vehicles parked in that space . T = # of different veh pkd # of pkg spaces B-6 . . e "'SfH INVOICE 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612-490-2000 800-325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION FEIN: 41-1251208 September 30, 1998 Invoice No. 49771 Project No. ASTILL9901.00 CITY OF STILLWATER ATTN: STEVE RUSSELL COMMUNITY DEVELOPMENT COORDINATOR 216 NORTH 4TH STREET STILLWATER MN 55082-4898 For: PARKING STUDY NEAR CITY HALL Professional Services for the period ending August 31, 1998 ----------------------------------------------------------- Professional Personnel PROJECT MANAGER VAN WORMER, GLEN H STAFF ENGINEER KIENITZ, HEATHER N" Totals Billing Summary Total Billings Limit SHORT ELLIOTT HENDRICKSON ING. MINNEAPOLIS, MN Hours Rate Amount 0.5 126.12 63.06 8.2 56.80 465.79 8.7 528.85 Total Labor 528.85 ---------.....-- Subtotal ~ 528.8~ Current 528.85 Prior Pds 3,191.61 To-date 3 , 720 . 46 7,000.00 TOTAL NOW DUE & PAyABLE..... $ ,. LcM (~ ~ /fJ-/',--1V v~ ~fL.IYb y,v./. ST. CLOUD, MN CHIPPEWA FALLS, WI LAKE COUNTY, IN MADISON, WI EQUAL OPPORTUNITY EMPLOYER . 1. 2, 3, 4. 5. 6, 7. 8. 9. 10. . . PARKING MEETING SEPTEMBER 2, 1998 Mark Gieseke - Trinity Don Valsvik Mark Youngdahl Chuck Newman Joan Newman Lynne Bertalmio Jane Stillman - Ascension Lynn K. Patricia - Co-op Alsa-Della Beck Pastor Lee Sather - Trinity 439-0146 439-4750 (H) 439-7400 (W) 430-3552 (H) 436-8609 (H) 436-8609 (H) 439-1675 X 18 (W) 439-9469 (H) 439-0366 439-4840 439-7400 j PARK MEETING . OCTOBER 1,1998 1. Larry Dauffenbach 2. Don Valsvik 3, Mark Youngdahl 4. Chuck Newman 5. Joan Newman 6. Bill Hicky 7. Dave Ruch 8. Jane Stillman 9. Lynn K. Patricia 10. Glen VanWormer 11. Heather Kienitz .. Police Chief Trinity Church Trinity Church Trinity Church Trinity Church Stillwater Library Stillwater Library Ascension Episcopal Valley Co-op SEH SEH . . / . . . .-'SeJ 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION July 1, 1998 RE: City Hall Parking Study Stillwater, Minnesota SEH File No, P-STILL990 1,00 Mr, Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082-4898 Dear Steve: As we have recently discussed, parking in the vicinity of the City offices has changed. The data that was collected in the parking study several years ago represents a good base but is no longer valid for current uses. City Hall has expanded and the use of the building to the south has changed, There appears to be more demand for parking at the City offices. Based on our discussions and observations, we have put together a short work program to update the data and provide recommendations for improvements to the parking situation. We would contact the primary users of parking in the area. These include City Hall, the churches and the post office. Others, such as the library, may also contribute and will be contacted, We will attempt to obtain their anticipated use of parking in the area and especially obtain information relative to peak demands for parking spaces. We would then collect the data on the actual use made of parking in the vicinity, We would do a one-day data collection starting at 8:00 a,m. and ending with a inventory circuit at 5:00 p,m, Using a base map, we will obtain information relative to vehicles parked in each space on the streets and in the parking lots in the study area. The study area will include Myrtle Street from Third Street to Fifth Street, and Third and Fourth Streets from M:yrtle Street to Linden Street. All City Hall parking lots, the joint parking lots to the south, and the post office lots and the church lot on Third Street would be included. We anticipate the use of a student intern to collect the data. We will also make observations of parking use in the parking lots and on the streets on a Friday or Saturday night when the weather is conducive to heavier parking demands in the area. We will also obtain the peak parking time demand from the two churches in the vicinity and do a single Sunday a,m. count of parked vehicles. We may use the intern or I may drive or bike Q,ver to collect the weekend data. After this data is collected, we will analyze and calculate the usage and the parking characteristic of each of the individual parking lots and of parking on each of the blocks, Information on available spaces by time and the usage made of spaces will be calculated, We will compare the actual usage made of the parking spaces to that anticipated and to that desired based on the adjacent land uses. SHORT ELLIOTT HENDRICKSON ING. ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN MINNEAPOLIS, MN EQUAL OPPORTUNITY EMPLOYER . Mr, Steve Russell July 1, 1998 Page 2 With this information, we can evaluate the problems which may exist. Potential problems include all day parking in prime parking spaces and short duration shortages of spaces, either through calculations or through estimates of peak periods, We can also offer ideas on changes that can be made to improve the use. Conversion of prime spaces to short duration, high turnover parking may be beneficial to overall usage. This is generally a cheap alternative to adding to the supply of parking, Information will also allow us to evaluate the potential for downtown employee parking in some of the larger lots in the area, This was an alternative that was discussed during the early parking studies and dJ,u:ing the reconstruction of the downtown-streets. We will meet with the City staff after the data is collected and analyzed and discuss the information and the opportunities for improvements, We will also attend a meeting of either the Planning Commission or Parking Commission to review the data after our staff meeting. Finally, we will prepare a report and provide copies-or summaries of all the information that has been collected. We are available to start on this data collection immediately. We anticipate that once a date is set and the data collected, we can provide the information back to the City staff within three weeks. We feel it is desirable to complete the study during the months of July and August which are when the prime parking demands in the downtown area occur. . We estimate the cost of the data collection, analysis and report at $5,500. This includes data collection, analysis, preparation of the report and attendance at meetings, It also includes all reimbursable expenses and will not be exceeded without prior approval from the City. There would be no time charged for my observations on Friday or Saturday night or if I make the Sunday counts, since I am in Stillwater frequently anyway. If the work program, schedule and fee are acceptable, would you please sign both copies of this letter proposal and return one to us for our files and as authorization to proceed with this study. If you have any question~ or need any additional information, please feel free to call me. Respectfully submitted, Short Elliott Hendrickson Inc. Accepted this 7-tJ....day of ~, 1998 CITY OF STILLWATER, MINNESOTA Ak l/ani/tJtmA/ Glen Van Wormer, P.E, Manager, Transportation Engineering Group By: Title: slh Enclosure . ~~ ., . . /" . MEMO To: From: Subject: Date: Mayor and City Council Steve Russell, Community Development Director Additional Information on PUD/98-69 Legends Development November 10, 1998 ~ At the Planning Commission on November 9, 1998, the following conditions of approval were amended as part ofthe Planning Commission recommendation for project approval to the City Council. See attached. . . "#, , . . November 10, 1998 1. The garage setback shall be reviewed by planning staffto ensure the percentage of garage setbacks are met. All driveways shall be 12 feet at the street right-of-way. All houses shall have a sidewalk running from the front entrance to the street except front facing driveway. If any fencing materials is used it shall be the "Traditional" fence design approved for the traditional and lakeshore areas. Educational material shall be provided to all residents describing yard maintenance practices to minimize the impact on Long Lake. The city's native and recommended plant list shall be used for individual lot landscaping. Additional landscaping with "Theves poplar" shall be considered along rear property lines to screen and breakup backs of houses. The builder shall provide the City with the criteria for locating the various house elevations next to and across the street from each other to provide variety of design and color. A pallet of shingle colors (4) shall be offered for roof color. Other similar floor plans and home elevation may be built as approved by the Community Development Director. Windows shall be located on a minimum of three sides and no blank walls facing streets. Outside mechanical equipment shall be screened or located from neighbor and public view. The site landscaping shall be installed before residence occupancy or escrow established to pay 125 percent of landscape costs. All front and side yards shall be sodded. The Declarations of Covenants, conditions, restrictions and easements for the Legends project shall apply to the Ryland Cottage Development. 2. 3. 4. 5. 6. 7, 8. 9. 10. 11. 12. 13. 14, 15. Attachment: Application and Project Plan Memos from Roger Tomten, August 4 and November 4, 1998 Cottage District Zoning Regulations Expansion Area Design Guidelines Traditional Fence Design Poplar Tree Specification . 3 r. . . '. Menwrandum November 6, 1998 TO: Mayor and City Council Steve Russell V- Community Development Director FROM: SUBJECT: Final PUD Approval for 35 Cottage lots as part of Phase I Legends Development PUD/98-69 BACKGROUND: In January 1997 the preliminary plat and PUD concept plans were approved for the Legends development. In June 1998 the final plat for the first phase (65 lots) of the Legends project was approved. The first phase includes 15 lake shore lots, 15 traditional lots and 35 cottage lots, Because the traditional and lakeshore lots will be developed by custom home builders design review for conformance with Zoning regulations and design guidelines will be performed by planning staff when building permits are issued. For the 35 cottage lots in the first phase of development, this final PUD review will serve as the final design review of the project. Ryland Homes has purchased 35 cottage lots from the developer and has submitted the enclosed plan for design review. Design review requirements and guidelines are found in the Cottage Residential Zoning District and City of Stillwater Phase I: Expansion Area Design Guidelines. Staff has met with the building and developer on three occasions to go ovetthe City development requirements and to review their concept elevations. The Cottage Residential (CR) Zoning Ordinance and selected sections of the Expansion Area Design Guidelines are enclosed for reference. Staff and the City's design consultant toured a Ryland development in Maple Grove. Comments on that project are also enclosed and are used to analyze the aspect of this project that are not shown in the submitted house front elevation drawings. The intent of the Expansion Area Design Guidelines and Zoning Regulations are to, along with the streetscape improvement, provide a friendlier pedestrian oriented neighborhood with minimal automobile appearance. The Zoning Ordinanc,e has specific requirements for setback of garage as it relates to residential as listed below: 1 .( November 6, 1998 · 25% of garages setback more than 6 feet from front of house . · 25% of garage setback a minimum of2 feet from front of house · 50% of garages may project as much as 6 feet in front of house half of that 50% must have living space above garage and half must have functional porches (6 feet wide or greater). From what was presented it is impossible to know how these setback requirements will be met. To review garage setback for conformity the builder will have to present a plan that shows how the design of houses and location of garages will be situated or each house will require staff design review to ensure setbacks meet the requirements. The Ryland submittal shows eight front elevations of homes, No side or rear elevations are shown (refer to Tompton letter of August 4, 1998 for side and back house design concerns). You can not tell from the elevations how the house and garage will sit on the lot. All the front loaded garages have living apace above the garages and all have porches. The depth of the porch can not be determined from the drawings to make sure it is functional. Other zoning requirements related to the front of the home requires the driveway to be 12 feet at street right-of-way and the design guidelines call for the front sidewalk to be connected to the front door of the home by a sidewalk. These items are listed as conditions of approval. A master development landscape plan and typical landscape plan are submitted. The master landscape plan was approved as part of the final plat approval. Additional street trees and rear property line trees have been added to relieve the view of the backs ofthe houses from the ends of the blocks. Typical site landscaping has also been proposed. The actual lot landscaping will use the City native, and recommended plant list and be installed before project occupancy. Other design issues covered in the Tomten letter are roof color, front wainscoting, and shutter . size, Staff recommends a variety of shingle colors be used rather than one color. Ifwainscoting is required to be carried around the residence sides, it will probably not occur. The development had indicated that shutters are decorative not functional and the size can not be increased to a functional SIze. The remaining 63 cottage lots will follow this first phase of Cottage Developmel}t. With experience, the builder may want to add building designs to the selection. Staff recommends that this can be accomplished administratively with staff review so long as Zoning requirements and design guidelines are met. RECOMMENDATION: Approval as conditioned with concept PUD approval Cottage Residential Zoning Requirements and Expansion Area Design Guidelines with the below listed Conditions of Approval. 1. The garage setback shall be reviewed by planning staff to ensure the percentage of garage setbacks are met. 2. All driveways shall be 12 feet at the street right-of-way. 3. All houses shall have a sidewalk running from the front entrance to the street. 2 . )lj :. 4. 5. 6, 7. 8, 9. 10. 11. 12. 13. 14. 15. . . November 6, 1998 If any fencing materials is used it shall be the "Traditional" fence design approved for the traditional and lakeshore areas. Educational material shall be provided to all residents describing yard maintenance practices to minimize the impact on Long Lake. The city's native and recommended plant list shall be used for individual lot landscaping. Additional landscaping with "Theves poplar" shall be considered along rear property lines to screen and breakup backs of houses. The builder shall provide the City with the criteria for locating the various house elevations next to and across the street from each other to provide variety of design and color. A pallet of shingle colors (4) shall be used for roof color. Other similar floor plans and home elevation may be built as approved by the Community Development Director. The rear and sides of all residences shall have window openings. Outside mechanical equipment shall be screed or located from neighbor and public view. The site landscaping shall be in before residence occupancy. All front yards shall be sodded. The Declarations of Covenants, conditions, restrictions and easements for the Legends project shall apply to the Ryland Cottage Development. Attachment: Application and Project Plan Memos from Roger Tomten, August 4 and November 4, 1998 Cottage District Zoning Regulations Expansion Area Design Guidelines Traditional Fence Design Poplar Tree Specification / 3 ,l /~ MEMORANDUM . TO: Mayor and City Council f1 Shawn Sanders, Civil Engineer ~~ FROM: DATE: November 2, 1998 RE: Feasibility Study for 1999 Street Improvement Project Project No. 9902 DISCUSSION Engineering staff would like to proceed with the 1999 Street Improvement Project. Using the Pavement Management Study by SEH conducted in 1990 as a reference and by visual inspection, staffhas selected a street reconstruction for Fifth, Sixth, and Seventh Streets between Willard and Hancock. These street sections were poorly rated in the Study back in 1990 and now are among the worst streets in Stillwater. The City has approximately $750,000 budgeted for the 1999 street improvement project. . RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, sidewalk, sewer and storm improvements on Fifth, Sixth and Seventh Streets between and Willard and Hancock. Also, council should authorize staff to obtain professional services for the completion ofthe survey work and to perform soil borings with analysis within the proposed project area. / ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 98-_,RESOLUTION ORDERING PREPARATION OF REPORT FOR 1999 STREET IMPROVEMENTS (Project 9902). . JD I i ii' ....., V" t:;::) I ml~I~'~ !I~ il : W~~T :J: I - .... lf~ 1 --=~ ~ I I I I VVC\:) I / location :Mlp \L u> % :r. <J). >5. :r. ~ ~ ~ u> % :r. ru~\~~.. u> si\<~~ ~ '& ~ I'\~IO '6 \tlIOS"'~ ...\ e ~ ~ "" ~ ~ :r. u> s'"(\l.~~ ~ jio.\..l' ~S~~.. ~ ~ ~ :r. \tljio.\..~G'"\ ~~\tl~S"'\ ~ ~ T 'l'l \l.E ~ I - 1 STR ET I I ..1== I :J: - .... a: " 0 I ... I IT I- :J: .... r; " 0 '" \:)lra:cl 1 I--- I I I T ~;:" VV'"CAR h ^r-\I-^ 1= II""\~I :r'I. VJ - l- I- i- ASI !jj L I-- - - I-- I--- ~'" ! H= I I ~ - I I ~ I I IL I' - r ., f-- I I I CHURCHILL :c J- ::> o (f)_ - ~ .... tljl-- a: .... '" EA;: I--- III !; :tl '''''' ...~" .=- !: - I------ =: = === I------ - I------ - I-- ~ I-- -~ I--- - - I--- o I I ( ~l - I I I ~. '.. \ \ Bm BIN 129N 128N 127N R22W R21W R20W Vidnity Map o 400 Scale in Feet This dlawina is tbc: Ri.'" oh wmpilation and n:prodUdionorland RCOrlb u ~y Ippllaril.vamu. WubinplnCounty Ollk:el. The lka.....me slxJukl be used i1rn:ICl'C1'IIZ piJPOlluonly. WlI!UnJton CounlY is not II:lIpolUibk iltanyinaccunl,':in. SouR;C;Wuhi1clODCounlySurvc)Vf'sOfticc. PhDne (612) 4'JO.6i13 Parccldllla l;Umm lhrouih: Odobcr31. 1998 ~/ . .' RESOLUTION NO. 98- . RESOLUTION ORDERING PREPARATION OF REPORT FOR 1999 STREET IMPROVEMENTS (Project 9902) WHEREAS, it is proposed to improve Fifth,.Sixth, and Seventh Street between Willard and Hancock and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 10th day of November, 1998. . Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk / . '#' . . . MEMORANDUM TO: Mayor and City Council Shawn Sanders, Civil Engineet] ~7 , FROM: DATE: November 5, 1998 RE: Wilkins Street Storm Improvement Project No. 9808 DISCUSSION: Earlier this year, Marcie Kilbourne, the property owner at 216 W. Wilkins requested the City to study the drainage problem in the backyard. She has complained that the storm inlet in her backyard is inadequate in handling flows and that on a few occasions storm water has flooded her basement during certain storm events. A site visit to the area and examining the backyards, a few of observations were made. The two homes nearest the inlet have walkout basement elevations not much higher than the storm inlet invert elevations. Also, the two houses have driveway aprons, located near the low point in the street, that are lower than the centerline of the street and slightly higher than elevation of the low point catch basins in the street. This causes storm water to drain into their driveways whenever the inlets reach capacity and overflow. Also, it was noticed that the inlet at the northeast corner of Marcie Kilbourne's house is crushed and is clogged with dirt and debris. Options that were considered to improve the drainage in and around this area included: 1. Reconstruct the driveway aprons to the two homes. J 2. Eliminate the walkout basement entrances. 3. Raise the elevation of the two houses. 4. Reconstruct W. Wilkins Street the entire length including additional storm sewer. 5. Install new storm sewer with catch basins to increase storm capacity 6. Partial reconstruction of the low point at the intersection ofN. Fifth and Wilkins Street. Option 1 Reconstruction of the driveway aprons would consist of raising the elevation of the aprons by nearly a foot. While this would prevent water from running down their driveway, it would create less than desirable driveway slopes in a short span. It would also mean that in major rain events water could pond at the low point and create a hazardous driving situation. Option 2 and 3 The two options of eliminating walkout basements or raising the houses would have to be agreed to by the homeowners and could be very costly to them. However, option 2 was suggested to Ms. Kilbourne and was included in her house improvements this past summer. Option 4 A major reconstruction of Wilkins Street would easily correct the problem, Wilkins Street is a State Aid Street, so it would have to be constructed MSA standards. A reconstruction would consist of new curb and gutter, the storm sewer system would be updated and driveways would be rebuilt. Since this street is in fairly good shape a reconstruction of this magnitude was not planned for at least 10 ye~s. Option 5 and 6 Because of the difficulty or the cost involved in the first four options, the focus of this feasibility report will deal with last two options of a new storm sewer with catch basins in Ms. Kilbourne's backyard and a partial reconstruction of intersection at Fifth Street and W. Wilkins Street. The storm sewer system in Ms, Kilbourne's backyard consists of a storm inlet located northeast corner ofthe house (This inlet was probably installed in the 1980's when the property was developed at the corner ofN. Fourth Street and W. Wilkins Street). There is also another inlet on the west side of the house that connects below the storm sewer inlet on the east side the house. The inlet and pipe were installed by the City to help drain the backyards of Wilkins and Stillwater Avenue. Ultimately, the water drains to a manhole located at 1100 N. Fourth Street and under N. Fourth Street and into the Aspen Street ravine. Examining the inlet shows the invert elevation to be about three feet lower than the existing ground and the pipe appears to be crushed with a limited opening for w~ter to flow through. This would detain water in the backyard and drain slowly through the pipe over a period of hours. In order to correct this problem, we are proposing to install a new 12" or IS" pipe with a catch basin at the north east corner ofthe house at 216 W. Wilkins Street to the manhole located in the backyard of 1100 N. Fourth Street. Since, open trenching of the line may disturb the backyards and encroach nearby house foundations, we may use underground jacking to install the pipe. Also, a swale would be graded in the backyards to get drainage away from the homes and into the catch basins. Cost for the backyard drainage correction amounts to $47,640.00, which includes engineering, administration, legal and easements costs. There are two catch basins located on the north side ofthe intersection of North Fifth Street and W. Wilkins Street, that collect storm water from Martha Street to the west and N. Fourth Street to the east. The preliminary survey shows there are three driveway entrances that are lower than the centerline elevation of the street. In large storm events, the catch basins can't handle the capacity of the runoff, so it overflows onto the driveways, into the backyards and into the old storm sewer system. By lowering W. '} . . . . . . Wilkins Street approximately one foot at the intersection, any overflow would drain toward Fifth Street and not into the driveways. Wilkins Street would have to be reconstructed approximately 100 feet on each side of the intersection and 100 feet of Fifth Street would need to be reconstructed to have adequate slope for the intersection. Costs for reconstruction of this intersection amount to $67,085.00 which includes engineering, administration and legal costs. A summary of the cost of the two proposed options is shown below: Install new storm sewer with catch basins to increase storm capacity $47,640.00 Partial reconstruction of the intersection ofN. Fifth and W. Wilkins $67,085.00 Total cost of project $114,725.00 PROJECT FINANCING Since this project is primarily a storm improvement project, there are two funding sources where this project would be financed, the storm water utility and area assessments. The City could utilize storm water utility tax revenues from properties in the contributing area. The contributing area is the area ofthe watershed that drains overland and by storm pipe to the low point at N. Fifth Street and W. Wilkins (see attached map). There are 159 properties in the contributing area and if the project were financed over a ten-year period, storm sewer utility revenues would contribute $28,620.00. The remaining portion the project or $86,105.00 would be financed by assessing the contributing area ofthe project. This contributing area of the project is approximately 47.3 acres of gross area with net area of assessments at 36.5 acres. This will provide an assessment rate of $0.054 per square foot. The average sized lot size in the drainage area is approximately 9450 square feet for an average assessment rate of $510.30 per lot. This rate is slightly higher than the rate of$0.045 square foot rate assessed on the Fourth Street Ravine Project. If this rate is too high, Council may choose to lower the assessment to that ofthe Foprth Street Ravine Project and increase the amount from the storm water utility fund. This would lower the amount from assessments to $71,630.46 and increase the amount from the storm sewer utility fund to $43,094.54. Another assessment option, Council may choose, would be to create a higher rate for the homes near the actual proj ect who receive a greater benefit from the decreased amount of storm water in their backyards. A summary of the project financing is shown below in the table below: Option A Storm sewer utility tax Resident Assessments ($0.054/SF) $28,620.00 $86,105.00 Total Amount $114,725.00 '. Option B Storm sewer utility tax Resident Assessments ($0.045/SF) $43,094.54 $71,630.46 . Total Amount $114,725.00 RECOMMENDATION: Since the project is technically feasible, Council will need to decide on which option to choose to fund the project. If Council selects an option they should accept the feasibility report the Wilkins Street Storm Improvements and order the public hearing for the second meeting on January 19, 1999. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 98-_ RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON WILKINS STREET STORM SEWER IMPROVEMENT (Project 9808). . J . "-----/ - '''- , ,,- ... ""'Ill ~ ..... ~ - - - .. ..... I-I- ~ WI ~ :m ~......... IJ , ~ll IIIlil jllII .... tu I-- I-~ ... - w tu - ~ ~ ~. , ~ .. ~ ' \. ~ , (J) ~ ;: ~ \ I- I-- ~ 11 1, ~ Wt;~ 5T lit r AVENUE - ... ~.. I WI:::; ::l li~UI^ f-- I b: :~ ~ It 1"'lIIl :J: II ~ ~ ~ ...... ~ a:: I--- IZ ::::I ..4 T' 0 II. WI:SI :;TIllWJ -I ~ I- i- ~ , J z - r VlI:::i I All 1:1'\ Ut h.. 1'""11 ~ ~ ~ ~ z l\ I-- .I" II ' I WEST WILKIN . l' II ill:t:.I:1 - -- 1 I I I- t--- ~ ~ I ~ I D> :L. ::1) VVI:~I A::l-t:.r ::lIKt:.!:1 WEST ASPEN : ---oIl __~I I ~ WI: cr= -- tu -1 - _I ~ ~ 1- - WILKIN STREET -*. H .STORM IMPROVEMENTS w I oLocation Map I I I \ :::l I I-to PROJECT 9808 SUB- :TERSHED MAP 11/06/98 " R21W R20W R19W 132N 129N USN 127N R22W R21W R20W VICinity Mlp o 300 L-..-_____~ Scale in Feet 1I1s ctaMng is tI-e resUI cI a cmP1aial lI'"d reprod..dicn cllln:I reoords as trey swew in various Washrvoo Co.rIy ctfKJlS. The ctaNing shOlJd be used fer ntllllll"C8 puposes att. II'Jashr'Oal Co.rIy is rd respa1Sitm fa ay iracxUaCias. Scut:e: Washn!#M Co.rIy Suve,o's OfICe. PIxre (612) 43OSl75 PlroeI daa o.mrt Itra.Vt Qdcber 31, 1006 :r::NSr.~LL NfW ['2" 0115" S ~~M PlP:::- [;.1 IST'N( IJ R "'E~ A'fS ~ )-- r\ L rP " \P ............ Q \ .. - LOW J,''''1" ': J " 1:-;, ~ ~~ ~\ C/\ '-Ii BMINS __ ~,:" - l:'oL-.. .... I "''""--_~ __ -- .j:~;i ._--;' "';: - - - ...Ll - :::c ~--------- 'D/ . "/ 0- ----)E-J., SJ4~I""AIt'l' S'"~'-\^ill ..,... II"~ ......,. 7. -/"ii:>>' I J[ / / . sr.. !;fl,J€R -... c.. ~ _ ~ ~~~MS6we(./~ _ _ _ _/'-~/J_A:f(.~ ///2/_ ~ I ~J::.t::r_ _ _ ~ I VY r l RI:C.ONSTRUC.1" f2 - ~. 200 Dr ",I<-KIN'. s.,-. Z .1-1 I (1)1 I III I I:i:' I-I .u.. - tu w ~ - CI) :c ~ o z ~1r{1=1=1 WILKIN STREET STORM IMPROVEMENTS I PROJECT 9808 PROJECT MAP 11/06/98 . I Location Map I I R21W R20W R19W ~ ) TI2N TI2N TIIN ~TIIN ~ ~OOAREHmE TION r T.3ON ~! 129N ~ t 129N 128N ~ 128N , 127N U127N E ^" - R22W R2IW .R20W Vicinity Mlp N l "'I.... 4...~~ W~~~r---E _._~~, r . o 100 L-- _ ---' Scale in Feet This cta\Mrg is the reso.Jl ci a carpilalicn lrd repnx1.dial ci Iln:lIllOCll1s as they llPPl""" in vsiaJs WastirQlm ColrCy offoces. 1l'e cta.o.iro shoUd be used fa referen:e p.rposes iiiy. WJshirglm ColrCy is ra respmsible fa fn/ jruxlJlljes. Sca.rce:WJshirglm ColrCy Suve)o's 0If1C9. PIme (612) 4:mll75 Pat:el daIa ClITllri IIToustt Ocldler 31, 1996 . WILKINS STREET STORM IMPROVEMENT (Project 9808) FEASIBILITY ESTIMATE November 6, 1998 . PARTIAL ECONSTRUCTION OF W. WILKIN AND N. 5TH STREET ITEM QUANTITY UNIT UNIT PRICE TOTAL COST Mobilization 1 LS $2,500,00 $2,500,00 Remove Bituminous Surface 1623 SY $3,00 $4,869,00 Remove Stone Curb 590 LF $4,00 $2,360,00 Common Excavation 270 CY $8,00 $2,160,00 Adjust manholes 5 VF $250.00 $1,250.00 Remove Sidewalk (41AII Widths) 400 SY $6,00 $2,400,00 8' Class 5 Aggregate 800 Ton $9.00 $7,200.00 2" Bituminous Base 200 Ton $35,00 $7,000,00 2" Bituminous Wearing Course 200 Ton $40.00 $8,000.00 4" Sidewalk with Sand 400 SY $24.00 $9,600.00 6" Sidewalk with s Sand 6 SY $34,00 $204,00 Install B618 Curb and Gutter 590 LF $8,00 $4,720,00 Tack Coat 130 GAL $2.00 $260.00 Saw Cut Bituminous 130 LF $4.00 $520.00 Sod with 4" topsoil 250 SY $2.50 $625.00 SUB-TOTAL $53,668.00 Engineering, Overhead, Contingency 25% = $13,417,00 . TOTAL ESTIMATED PROJECT COST $67,085.00 / . WILKINS STREET STORM IMPROVEMENT (Project 9808) FEASIBILITY ESTIMATE November 6, 1998 STORM SEWER IMPROVEMENTS ITEM QUANTITY UNIT UNIT PRICE TOTAL COST Bore and Install 15" Pipe 120 LF $120.00 $14,400.00 48" Catch Basin Manhole with Casting 2 EACH $1,400.00 $2,800.00 Bulkhead Storm Pipe 2 EACH $200.00 $400,00 Restore Driveway 600 SF $1.50 $900,00 Miscellaneous Grading 100 LF $10.00 $1,000.00 Restoration and Grading 1 LS $5,000.00 $5,000.00 Clear and Grub Trees 5 EACH $250.00 $1,250,00 12" RCP 30 LF $30.00 $900.00 SUB-TOTAL $26,650.00 Legal & Easements $10,000.00 Engineering, Overhead, Contingency 30% $10,995.00 TOTAL ESTIMATED PROJECT COST $47,645.00 .', . . . / . . . . RESOLUTION NO. 98- RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON WILKINS STREET STORM SEWER IMPROVEMENT (Project 9808) WHEREAS, pursuant to resolution of the council adopted February 3, 1998, a report has been prepared by the City Engineer with reference Storm Sewer Improvement on Wilkins Street to serve the Wilkins Street Drainage area described as follows: North boundary is West Moore Street, East boundary is North 4th Street, South Boundary is West Aspen, and the West boundary is Owens Street. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF STillWATER, MINNESOTA: 1. The council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $114,725.00. 2. A public hearing shall be held on such proposed improvement on the 19th day of January, 1999 in the council chambers of the city hall at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. . J Adopted by the City Council of the City of Stillwater this 10th day of November, 1998. Mayor ATTEST: City Clerk -0 ~ uO ~ bO ;a = 5~ c:a..Q.c c:a.. <i ~ ~ ~ . ~ It 2 E E . ,.. ~~ S e It_....sli. 2G~~E~ __..e~..c: ::::.~ I! . 0 EE~ .I~~ E~lij ~""iri ~~ N' - CI - ILl ijl1. :ia: EU~a: J:E.iE< €808~ EE . ~ Ii"; ,..lD ~::~ -g ! 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I!~ 10 10 ~ 11. s j E . 5J ai ! I!.. i- i8 j I! J ~ ~ I OJ !ll ~ 'lI 0 ~ .. 10 CD ~~ 1Ol51! .-C!l llO It 2 ~ E E ~. .71 :g lD -~ IOts2 .Ii ~ 11. It 2 It a .71 :g lD -!; !lj!1~~ lif 10 Q, It 2 Ii s E ~ III '9 10 CD ~~ IOts2 .i~ 11. It 2 Ii s E ~ .71 :g lD -!; IOls~ .';;i!j if 10 It 2 ~ Ii Ii '9 10 CD I ! _ u I! L: I! iCli isi J g 'Ii :. . . . . Memorandum November 6, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles \l t: ../ City Engineer SUBJECT: Lily Lake Water Quality Project Update Project 9613 DISCUSSION: Approximately a year ago, the City Council authorized the preparation of plans and specifications for the Lily Lake Stormwater Quality Improvement projects. SHE has since completed the plans and specifications for the four phases of this project. In addition, a detailed engineer's estimate ofthe costs to complete all phases has been completed. Finally, the plans and specifications have been presented to Municipal State Aid office for review and approval. Several issues have arisen regarding these projects. On a positive note, it appears that a good portion of various aspects of the Lily Lake Water Quality Improvement Project will be eligible for MSA expense. Since much of the water draining into Lily Lake comes from Greeley Street and Pine Street, both MSA streets, the State Aid Office has indicated up to 55% of the project costs would be eligible. There has also been a couple of discouraging facts arises out of the detailed cost estimate. It appears that the expense of rerouting water from Lake Street south along Greeley to Brick Pond will be much more expensive than originally estimated, This is due to the presence of a number of utilities and the difficulty of working along a MSA street. In addition, the cost of redirecting water from Lake Drive to Brick Street will be very expensive for the limited benefit in water quality that we would receive. Therefore, we are currently looking at tabling these two improvements to a future date when the streets in the area are reconstructed. Currently the plans are being reformatted to reflect these changes. In addition, options are being explored for capturing grant money. Finally, survey work is being completed to determine the extent of easements needed to complete this project. It is anticipated that within the next four weeks, these issues will be addressed and the State Aid Office will make a determination on the level of participation. Based on these changes and results, the Council could then determine how much of the project should proceed, and whether or not assessments and an assessment hearing would be warranted. RECOMMENDATION: Staff has no recommendation at this time. This information is strictly for Council review. . . . Memorandum November 6, 1998 TO: Mayor and City Council FROM: Klayton H. Eckles/ /' City Engineer \L1,.... 0/ SUBJECT: AUAR Audit DISCUSSION: Attached is a detailed audit of the status of the Alternative Urban Areawide Review (AUAR). This audit was completed by City staff as a response to questions regarding the City's progress on completing the AUAR. It was also completed as a method of communicating to other agencies and individuals the purpose and status ofthe AUAR. This audit has brought to the surface the fact that the City has or is completing the vast majority ofthe 58 environmental protection strategies that were part of the AUAR. It also points out a few areas that the City or other agencies could make improvements to meet the overall goals and objectives ofthe AUAR Mitigation Plan. Staffwill be using this document to discuss possible cooperative efforts with the Browns Creek Watershed District, Soil and Water Conservation District, and Department of Natural Resources. Staffwill be available to answer any questions and discuss the audit further at the Council . / meetmg. RECOMMENDATION: Staff recommends that Council review and accepts the audit. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 98-_, RESOLUTION ADOPTING 1998 AUDIT OF THE AUAR MITIGATION PLAN. RESOLUTION NO. 98- RESOLUTION ADOPTING 1998 AUDIT OF THE AUAR MITIGATION PLAN . WHEREAS, the City of Stillwater has completed an Alternative Urban Areawide Review, a Mitigation Plan and a final feasibility report on the proposed expansion area; and WHEREAS, over the course ofthe last twelve (12) months the City and other responsible parties have been implementing the various protection strategies outlined in the AUAR Mitigation Plan; and WHEREAS, the City of Stillwater is the government unit responsible for insuring that the AUAR is carried through; and WHEREAS, a number of questions have arisen regarding the status of the AUAR; and WHEREAS, the City determined that an audit ofthe AUAR Mitigation Plan should be completed. NOW THEREFORE BE IT RESOLVED by the City of Stillwater City Council that: 1. The City Council accepts the attached document as an official approved audit ofthe AUAR Mitigation Plan. This audit demonstrates that the City of Stillwater has substantially met the goals and . objectives ofthe AUAR Mitigation Plan. That the City of Stillwater shall continue in its efforts to meet these goals and objectives with particular attention to those issues listed in the audit conclusions. The City staff is directed to enhance communications with other responsible parties in an effort to improve inter-agency cooperation. 2. 3. 4. Adopted this 10th day of November, 1998. / Jay Kimble"Mayor ATTEST: Morli Weldon, City Clerk . -'"' . Memorandmn To: Mayor Kimble and City Council Members CC: Nile Kriesel From: Police Chief Larry Dauffenbach Date: 11105/98 Re: Alcohol Compliance Checks Il1e Stillwater Police Department has recently completed the alcohol compliance c:b.ecks of 34 businesses located in Stillwater, The department has found four Violations, These violations have been submitted to the Washington County i\1t9i1'1ey and Stillwater City Attorney for prosecution. These prosecutions are for the individuals that sold the alcohol to the minors. ...:Th~four businesses that were involved are Cat Ballous, Dock Cafe, Silver Lake RestauJ:"3nt, and Cub Foods. This is the second violation for Cat Ballous, Last year :W~~~letters were sent out to the liquor license holders .:....... ..... :::Jilthe liquor ordinance under 43-9 it states that" any retail license or permit issued or approved under this chapter shall be suspended for up to 60 days or revoked or a civil fine not to exceed $2,000 for each violation imposed upon finding by the city council that the license or pernl.it holder has failed to comply with the applicable statute, rule or ordinance relating to alcoholic beverage." The ordinance goes on to afford the violator a hearing, This hearing can be done by the council or by a hearing otIicer. I reconullend adopting presumptive civil penalties and installation of a process tor administering civil penalties and hearing. 1 . Chapter 43 LIQUOR. Article I. In General Sec. 43-1. Definitions. See. 43-2. State law adopted. See. 43-3. Responsibility of licensees. See. 43-4. Sales to obviously intoxicated persons. See. 43-5. Sales to and consumption by persons under 21 years of age. See, 43-6. Restrictions, See, 43-7. Posting. See, 43-8, Inspection of premises, See. 43-9. License or permit revocation or suspension. Sees. 43-10-43-40. Reserved. Article II. Sale of Intoxicating Liquor for Off.Premises or On.Premises Consumption Division 1. Generally Sees. 43-41-43-60. Reserved, Division 2. License . See, 43-61. Required. See, 43-62, Persons eligible. See, 43-63. Application. See. 43-64. Renewal of license, See. 43-65, On-sale wine license; application, See, 43-66. False statements in application. See, 43-67. Investigation fee. See, 43-68. Liability insurance. See. 43-69. Issuance or denial of license application. See. 43-70. On-sale licenses. See. 43-71. OfT-sale licenses. See. 43-72. Fees. See. 43-73. Action on application, See. 43-74. Hours and days of sale. Sees. 43-75-43-105. Reserved, Article IlL 3.2 Percent Malt Liquor Division 1. Generally Sees, 43-106--43.125. Reserved. Division 2. License See. 43-126, See. 43-127. Sec. 43-128. Required. Persons eligible, Applications. . .Cro88 references-Consumption and possession of intoxicating liquor and 3.2 percent malt liquor in Pioneer Park, ~ 48-4; consumption and possession of intoxicating liquor and 3.2 percent malt liquor in Lowell Park and Washington Park, ~ 48-5. State law reference-Liquor act, Minn. Stat. ~ 340A.101 et seq. CD43:1 See. 43-129. See. 43-130. See, 43-131. See, 43-132. See. 43-133. See, 43-134. See. 43-135, STILLWATER CODE . Requirements. Liability insurance. TemporllIY licenses. Issuance, Duration. Reserved. Fees. . CD43:2 . . ARTICLE I. IN GENERAL Sec. 43-1. Deimitions. AIl words, tenns and phrases when used in this chapter, shall have the meanings ascribed to them in Minn. Stat. ~ 340AI0l et seq" except where the context clearly indicates a different meaning. Cross reference-Definitions generally, ~ 21-2. Sec. 43-2. State law adopted. Minn. Stat. ch. 340A is adopted by reference as if ~ -out at length in this chapter, If the other provisions in this chapter are more stringent than the provisions of Minn. Stat. ch. 340A, the provi- sions of this chapter shall be controlling. State law reference-Adoption by reference, Minn. Stat, ~ 471.62, . Sec. 43-3. Responsibility of licensees. Every licensee under this chapter is responsi- ble for the conduct in the licensed establishment and any sale of alcoholic beverage by any em- ployee authorized to sell alcoholic beverages in the establishment is the act of the licensee. State law reference-Similar provisions, Minn. Stat. ~ 340A,501. Sec. 43-4. Sales to obviously intoxicated per- sons. No person-may sell, give, furnish, or in any way procure for another alcoholic beverages. for the use of an obviously intoxicated person. State law reference-Similar provisions, Minn. Stat. ~ 340A.502. . Sec. 43-5. Sales to and consumption by per- sons under 21 years of age. Subd, 1. It is unlawful for any: (1) Retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store or bottle club permit holder under Minn. Stat. ~ 340A.414, to permit any person under the age of 21 years to consume alcoholic beverages on the licensed prem- ises; LIQUOR ~ 43-5 (2) Person under the age of 21 years to con- sume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affinnative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guard- ian, Subd. 2. It is unlawful for any person: (1) To sell, barter, furnish or give alcoholic beverages toa person under 21 years of age; (2) Under the age of 21 years to purchase or attempt to purchase any alcoholic bever- age; or (3) To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly pennit the use of the person's driver's license, pennit, state identification card, or other fonn of identification by a person under the age. of 21 years for the purpose of purchasing or attempting to purchase any alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affinnative defense to a violation of subsection (1) of this subdivision that the defen- dant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's house- hold. Subd. 3. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's' parent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable pre- sumption of intent to consume it at a place other than the household of the parent or guardian, This presumption may be rebutted by a prepon- derance of the evidence. Subd, 4. It is unlawful for a person under the age of21 years to enter an establishment licensed for the sale of alcoholic beverages or any munici- CD43:3 ~ 43-5 STILLWATER CODE pal liquor store for the purpose of purchasing or having served or delivered any alcoholic bever- age. Notwithstanding Minn. Stat. ~ 340A509, this subdivision does not prohibit a person 18, 19 or 20 years old from entering an establishment licensed under this chapter to: (1) Perfonn work for the establis}lment, in- cluding the serving of alcoholic beverages, unless otherwise prohibited by Minn. Stat. . .~ 340A412, subd. 10; (2) Consume meals; or (3) Attend social functions that are held in a portion of the establishment where liquor is not sold. Subd. 5. It is unlawful for a person under the age of21 years' to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. Subd. 6. Proof of age for purchasing or consum- ing alcoholic beverages may be established only by one of the following: (1) . A valid driver's license issued by this state, another state, or a province of Can- ada, and including the photograph and date of birth of the licensed person; (2) A valid state identification card; (3) A valid Canadian identification card with .. ... ~;Jt!lOtograph and date of birth of the p8l'SQll;..ijJsued by a Canadian province; or (4) In the case of a foreign national, from a nation other than Canada, by a valid passport. Subd. 7. In a prosecution under subdivision 2(1) of this section, it is a defense for the defen- dant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age autho- rized in subdivision 6 of this section in selling, bartering, furnishing or giving the alcoholic bev- erage. State law reCerence-SimUar provisions, Minn, Stat. ~ 340A.503. Sec. 43-6. Restrictions. The restrictions imposed upon licensees of otT- sale and on-sale licenses shall be as provided by Minn. Stat. ~~ 340A410, 340A412, 340A413 and 340A503-340A508. Further, all licenses are valid only for the compact and contiguous area de- scribed in the license and for no other area unless otherwise permitted by law. . Sec. 43-7. Posting. A retail license issued under this chapter must be posted in a conspicuous place in the premises for which it is issued. State law reCerence-Similar provisions,. Minn. Stat, ~ 340A.410, subd. 4. Sec. 43.8. Inspection of premises. All premises from which intoxicating liquor or 3.2 percent malt liquor is sold shall be subject to inspection by any police officer, health officer or other designated officer or employee of the city during all hours the premises are open for busi- ness. Sec. 43-9. License or permit revocation or suspension. . Any retail license or permit issued or approved under this chapter shall be either suspended for up to 60 days or revoked or a civil fine not to exceed $2,000,00 for each violation imposed upon a finding by the city council that the license or permit holder has failed to comply with an appli- cable statute, rule or ordinance relating to alco- holic beverages. No suspension or revocation shall take effect until the license or permit holder has been afforded an opportunity for a hearing under Minn, Stat, ~~ 14,57-14,69 of the Administrative Procedure Act, This section does not require the city council to conduct the hearing before an employee of the office of administrative hearing. The city councilor the state commissioner may impose the penalties provided in this section on a retail licensee who knowingly: (1) Sells alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchases alcoholic beverages from an- other retail licensee for the purpose of resale; CD43:4 . ., . (3) Conducts or permits the conduct of gam- bling on the licensed premises in violation of the state law; (4) Fails to remove or dispose of alcoholic beverages when ordered by the state com- missioner to do so under Minn. Stat. ~ 3401l508,subd. 3; or (5) Fails to comply with all applicable stat- utes or ordinances relating to the sale of alcoholic beverages'd~ State law reference-Similar provisions, Minn. Stat. ~ 340A.415, Sees. 43-10-43-40. Reserved. ARTICLE ll. SALE OF INTOXICATING LIQUOR FOR OFF-PREMISES OR ON-PREMISES CONSUMPTION. DIVISION 1. GENERALLY . Sees. 43-41-43-60. Reserved. DMSION 2. LICENSEt See. 43~1. Required. It shall be unlawful for any person, directly or indirectly, upon any pretense or by any device, to sell, exchange, barter, dispose of, or keep for sale any intoxicating liquor for on-sale or off-sale within the limits of the city without first having obtained the required license therefor. State law reference-License required, Minn. Stat. ~~ 340A.401, 340A.404, 340A.405. See. 43~2. Persons eligible. Subd. 1. No retail license may be issued to: (1) A person under 21 years of age; . .State law reference-Combination license authorized, Minn. Stat, ~ 340A.406. tCross reference-Licenses. permits and prohibitions, cb,41. State law references-On-sale licenses, Minn. Stat, ~ 340A.404; off-sale licenses, Minn. Stat. f 340A.405; combina- tion on-sale and off-sale license authorized, Minn. Stat. ~ 340A.406; suspend or revoke license, Minn. Stat. ~ 340AA15. LIQUOR ~ 43-63 (2) A person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corpora- tion licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business or firm in which any such person is in any man- ner interested; (3) A person not of good moral character and repute; or (4) A person who has a direct or indirect interest in a manufacturer, brewer or wholesaler. Subd.2. No new retail license may be issued to, and the city council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of any felony or a willful violation of a federal or state law or city ordinance governing the manufacture, sale, distribution, or possession for sale or distri- bution of an alcoholic beverage. State law reference-Persons eligible for retail license, Minn. Stat. ~ 340A.402. Sec. 43-63. Application. Subd. 1. Applications for an intoxicating liquor license must be submitted for an initial license, license renewal and upon any change of owner- ship of business control of a licensed premises. In addition to the information which may be re- quired by the state department's form, the appli- cation shall state whether the applicant is a natural person, corporation, partnership or other form of organization and the type of license the applicant seeks. Subd. 2. If the applicant is a natural person, the following information shall be included in the application: (1) True name, place and date of birth, and street resident address of applicant. (2) Whether applicant has ever used or been known by a name other than his true CD43:5 ~ 43-63 STILLWATER CODE name; and, if 80, what was such name or names and infonnation concerning dates and places where used. (3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Minn. Stat. ch. 333, certified by the secretary of the state shall be attached to the application. (4) Whether applicant is married or single. If married, true name, place of birth and street residence address of applicant's present spouse. (5) Whether applicant and present spouse are registered voters, and if so, where. (6) Street addresses at which applicant and present spouse have lived during the pre- ceding ten years. (7) Kind, name and location of every business or occupation applicant and present spouse have been engaged in during the preced- ing ten years. (8) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. (9) Whether applicant or spouse or a parent, brother, sister, or child of either of them has ever been convicted of any felony, crime or violation of any ordinance other than traffic. If so, the applicant shall furnish infonnation as to the time, place and offense for which convictions were had. (10) Whether the applicant or spouse, or a parent, brother, sister, child of either of them, has ever been engaged in operating or as an employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, the applicant shall furnish infonnation as to the time, place and length of time of such engage- ment. (11) Whether applicant has ever been in the military service, Ifso, applicant shall upon request exhibit all discharge information, (12) The name, address and business address of each person who is engaged in the state in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law or who is a brother-in-law or sister-in-law of the applicant or spouse. Subd. 3. If the applicant is a partnership, the names and addresses of all partners and all infonnation concerning each partner as is re- quired ofa single applicant in subdivision 2 of this section. A managing partner or partners shall also be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application; and if the partnership is required to file a certificate as to a trade name under the provisions of Minn. Stat. ch. 333 a copy of such certificate certified by the secretary of the state shall be attached to the application, Subd. 4. If the applicant is a corporation or other organization and is applying for an on-sale or ofT-sale license, the following is required: (1) Name, and if incorporated, the state of incorporation. (2) A true copy of certificate of incorporation, articles of incorporation of association agreement and bylaws; and if a foreign corporation, a certificate of authority as described in Minn. Stat, ch. 303. (3) The name of the manager or proprietor or agent in charge of the premises to be licensed, the assistant manager, the food manager and the beverage manager giv- ing all the infonnation about those per- sons as is required of a single applicant in subdivision 2 of this section. (4) The application shall contain a list of all persons who, singly or together with their spouse or a parent, brother, sister or child or either of them, own or control an inter- est in the corporation or association in excess of five percent or who are officers of the corporation or association, together with their addresses and all infonnation . . CD43:6 . . as is required of a single applicant in subdivision 3 of this section, except that applications for off-sale shall list all per- sons who own or control any interest in the corporation. . Subd. 5. If the application is for on-sale club or an on-sale commercial-recreational club license, the following information is required: (1) The name of the club or commercial- recreational club, and, where appropri- ate, the name of the establishment serv- ing the commercial-recreational club. . (2) Date that club or commercial-recreational club was first organized and place of such organization. (3) A sworn statement that the club has been in existence for more than three years and which shall for more than three years have owned, hired or leased a building or space in a building of such extent and character as may be suitable and ade- quate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the mem- bers at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indi- rectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reason- able salary or wages as may be fixed and voted each year by the directors or other governing body. The statement shali be made by a person who has personal knowl- edge of the facts stated therein. If no person can make such a statement, satis- factory documentary proof may be submit- ted in support of such facts. (4) The number of members of the club or commercial-recreational club shall be not less than 50 members. (5) The name of the manager, proprietor or other person who shaH be in charge of the licensed premises together with the same . LIQUOR ~ 43-63 information concerning such person as is required of a single applicant for an on- sale license as is set forth in subdivision 2 of this section. Subd. 6. Every application shall contain the exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings and any extension of the premises or. outside areas that the licensee proposes to include in the area covered by the license, street access, parking facilities and the locations of distances to the nearest church building and school grounds. Subd. 7. Every application shall contain the floor number and street number where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an on-sale license shaH submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall. show dimensions and shall indicate the number of persons intended to be served in each room, Subd, 8. If a pennit from the fed~ral govern- ment is required by the laws oCthe United States, whether or not such pennit has been issued; and, if so required, in what name the permit was issued and the nature of the pennit shaH be indicated in the application. Subd. 9. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money shall be indicated in the application. Subd. 10. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, prem- ises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for pay- ment or other reimbursement shall be included in the application. This shall include, but not be limited to, any lessees, lessors, mortgagees, mort- gagors, lenders, lienholders, trustees, trustors and persons who have cosigned notes or otherwise loaned, pledged or extended security for any in- debtedness of the applicant. Subd, 11. Every application shall contain a statement as to whether or not all real estate and CD43:7 ~ 43.63 STILLWATER CODE personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. Subd. 12, Whenever the application for an on-sale license to sell intoxicating liquor, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial al- teration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the city, no plans need be filed and a statement to that fact shall be in the application. Subd. 13. An application for a special license for Sunday sales may refer to, and incorporate therein by reference, the information contained in the licensee's application for an on-sale license to the extent that such information is current and applicable at the time of such application for a special license for Sunday sales. Subd. 14, Each applicant shall provide the amount, type and name of his multiperil insur- ance carrier and also notify the city each time the insurance is increased or changed in any manner. Subd. 15, Every application for the issuance or renewal of a license for the sale of intoxicating liquor must include a copy of each summons received by the applicant under Minn. Stat. ~ 340A.802 during the preceding year. Subd. 16. The application shall contain such other information as the city council may require. State law reference-License restrictions, Minn. Stat. ~~ 340A.410, 340A.412. Sec. 43-64. Renewal of license. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such form as the city council may ap- prove. Proposed enlargement, alteration or exten- sion of premises previously licensed shall be re- ported to the city clerk at or before the time application is made. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this article are complied with, grant the application. Changes in the cor- porate articles or partnership agreement, as the case may be, shall be submitted to the city clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the city clerk when a person not listed in the application acquires an interest in the corpora- tion and shall give all information about the person as is required in an initial application. . Sec. 43-65. On-sale wine license; applica- tion. Subd. ~. On-sale wine licenses may be issued, with the approval of the commissioner, to a res- taurant having facilities for seating at least 25 guests at one time. If the holder of this license is also licensed to sell 3.2 percent malt liquor at on-sale, and has gross receipts at least 60 percent attributed to the sale of food, the holder may also sell intoxicating malt liquor on-sale without an additional license. Subd. 2, Every application for an on-sale retail wine license shall state the name of the applicant; his age; representations as to his character, with such references as the city council may require; the restaurant in connection with which the pro- posed licensee will operate and its location; whether the applicant is owner or operator of the restau- rant; how long he has been in the restaurant business at that place; and such other informa- tion as the city council may require. In addition to containing this information, the application must be in the form prescribed by the state and shall be verified and filed with the city clerk. (Ord. No, 767, 10-20-92) . Sec. 43-66. False statements in application. It is unlawful for any person to make a false statement in any application. Sec. 43-67. Investigation fee. The application shall include an investigation fee as established by resolution of the city council. CD43:8 . . Sec. 43-68. Liability insurance. ~ No retail intoxicating liquor license may be issued, maintained or renewed unless the appli- cant demonstrates proof of financial responsibil- ity with regard to liability imposed by Minn. Stat. ~ 340A801. The minimum requirement for proof of financial responsibility may be given by filing a certificate of insurance providing coverage as re- quired in state law. State law reCerence-Liability insurance, Minn. Stat, ~ 340A.409. Sec. 43-69. Issuance or denial of license ap- plication. Subd. 1. No intoxicating liquor license shall be issued for any premises on which taxes, assess- ments or other financial claims of the city are delinquent or unpaid. . Subd. 2. No license may be issued to: (1) A person under the age of 21 years; (2) A person who within five years of the license application has been convicted of a willful violation of a federal or state law or local ordinance governing the manufac- ture, sale, distribution, or possession for sale or distribution, ofintoxicating or non- intoxicating malt liquors; (3) A person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corpora- tion licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business or firm in which any such person is in any man- ner interested; or (4) A person not of good moral character and tepute. . Subd. 3. No license shall be granted to any person, for any place or for any business ineligible for such a license under state law. LIQUOR ~ 43-71 Subd. 4, No license shall be granted for any business which is located in an area prohibiting such location by state law or which principal building is within 500 feet of a principal school building or a principal church building. Subd. 5. An off-sale intoxicating liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption on the prem- ises. This prohibition does not apply to those places where both an on-sale and off-sale license or a combination license have been issued under Minn. Stat. ~ 340A406. State law reCerences-General eligibility requirements for licenses, Minn, Stat. ~~ 340A.402, 340A.412; eligibility req~ments for on-sale licenses, Minn, Stat, ~ 340A.404; eligibility for ofT-sale licenses, Minn, Stat, f 340A.405; restric- tions on location, etc" Minn, Stat. f 340A.412; Sunday sales licenses, Minn. Stat, f 340A.504, subd, 5. Sec. 43-70. On-sale licenses. Subd. 1. An on-sale intoxicating liquor license may be issued to the following establishments: (1) Hotels; (2) Restaurants, as defined by Minn. Stat. ~ 340A101, subd. 25; (3) Clubs or congressionally chartered veter- ans' organizations with the approval of the state commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; (4) Exclusive liquor stores; and ., (5) Bowling centers. Subd. 2. An on-sale wine license may be issued with the approval of the.3tate commissioner to a restaurant having facilities for seating at least 25 guests at a time. State law reCerence8--0n-sale intoxicating liquor li- cense, Minn. Stat. f 340A.404, subel. 1; on-sale wine license, Minn. Stat. f340A.404, subd, 5. Sec. 43-71. Off-sale licenses. An off-sale intoxicating liquor license may be issued to an exclusive liquor store or to a drug- store with the approval of the state commissioner. State law reCerence-Ofl'-sale license to exclusive liquor store or drugstore, Minn. Stat, f 340A.405, subel. 1. CD43:9 ~ 43-72 STILLWATER CODE Sec. 43-72. Fees. The fee for on-sale, off-sale or Sunday sales liquor license or for on-sale wine license shall be as set by the city council by resolution. The licenses shall be for one year from January 1 through December 31. State law reference-Maximum fees permitted, Minn, Stat. ~ 340A.408. Sec. 43-73. Action on application. The city council shall investigate the applicant and the representations set forth in the applica- tion. Any person who wants to be heard either for or against the license shall be heard at a special or general meeting of the city council. The city council shall either approve or reject the applica- tion. If approved, the city clerk shall issue the license, providing the fee has been paid and the license approved by the state commissioner when applicable. No license shall be transferable by the licensee or to other premises than that described in the original application. State law reference-License restrictions and require- ments, Minn, Stat. ~ 340AA12, Sec. 43-74. Hours and days of sale. Subd. 1. Sales of intoxicating liquor in the city as to hours and days of sale shall be governed by the provisions of Minn. Stat. ~ 340A.504. Subd. 2. A restaurant, bowling center, club or hotel as defined in state law which has facilities for serving not less than 30 guests at one time and which has an on-sale intoxicating liquor license for consumption on the premises may serve intox- icating liquors in conjunction with the serving of food at tables between the hours of 10:00 a,m, on Sundays and 1:00 a.m. on Mondays, provided that such establishment obtains a Sunday sales li- cense and complies with the Minnesota Clean Air Act, Minn. Stat. ~ 144.411 et seq. A certificate of such compliance must be filed with the city clerk prior to the commencement of sales by such licensees as permitted by this subsection. State law reference-Hours and days of sale, Minn, Stat, ~ 340A,504, Secs. 43-7~3-105. Reserved. ARTICLE In. 3.2 PERCENT MALT liQUOR. . DIVISION 1. GENERALLY Secs. 43-106-43-125. Reserved. DIVISION 2. LICENSEt Sec. 43-126. Required. Subd, 1. No person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale or otherwise dispose of 3.2 percent malt liquor as part of a commercial transaction with- out having obtained a license issued by the city council. Subd. 2, Any person licensed under this chap- ter to sell intoxicating liquor at on-sale or off-sale shall not be required to obtain an on-sale or off-sale license under this section, and may sell 3,2 percent malt liquor at on-sale or off-sale without further license. State law reference-Similar provisions, Minn. Stat, ~ 340AA03. . Sec. 43-127. Persons eligible. Subd, 1. No retail license may be issued under this article to: (1) A person under 21 years of age; (2) A person who has had an intoxicating liquor or nonintoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the viola- tion owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a part- ner or otherwise, in the premises or in the business conducted thereon, or to a corpo- .State law reference-Malt liquor licenses, Minn. Stat. ~ 340AA03. fCrosa reference-Licenses, permits and prohibitions, ch. 41. State law references-3.2 percent malt liquor licenses, Minn. Stat. ~ 340AA03; revocation, suspension, Minn. Stat. ~ 340AA15; refunds, Minn. Stat. ~ 340AA08, subd, 5. CD43:10 . . ration, partnership, association, enter- prise, business or fino in which any such person is in any manner interested; (3) A person not of good moral character and repute; or (4) A person who has a direct.or indire~t interest in a manufacturer, brewer or wholesaler. Subd. 2. In addition, no new retail license may be issued to, and the city council may refuse to renew the license of, a person who, within five years of the license application, has been con- victed of a willful violation of a federal or state law or local ordinance governing the manufac- ture, sale, distribution or possession for sale or distribution of an alcoholic beverage. State law reCerence-Similar provisions, Minn. Stat. ~ 340AA02, . Sec. 43-128. Applications. Subd. 1. Every application for a 3,2 percent malt liquor license shall be made on a form supplied by the city and must state: (1) The name and address of the applicant; (2) Whether the application is for on-sale or off-sale; (3) The business in connection with which the proposed license will operate and its location; (4) Whether the applicant is owner and oper- ator of the business and how long the applicant has been in that business and at that place; and (5) Such other information as the city council may require or as required by state law. Subd. 2, It shall be unlawful to make any false statement in an application. Applications shall be filed with the city clerk, Subd. 3. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license and shall be made in such fonn as the city council may require, Proposed enlargement, alteration or ex- tension of premises previously licensed shall be reported to the city clerk at or before the time . LIQUOR ~ 43-129 applications are made. An application for a re- newal license must include a copy of each sum- mons received under Minn. Stat. ~ 340A802 during the preceding year. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for failure to file for a renewal withiQ the time provided, the city council may, if the other provisions of this chapter are complied with, grant the application. State law reCerence-Renewal application to include copies of summons received under Minn, Stat, ~~ 340AAI0, subd. 8, 340A,802, Sec. 43-129. Requirements. Subd. 1. The application must state whether it is for on-sale or off-sale, On-sale licenses permit the sale of 3,2 percent malt liquor for consump- tion on the licensed premises only. Off-sale li- censes permit the sale of 3.2 percent malt liquor for consumption ofT the licensed premises only. Subd. 2. On-sale 3.2 percent malt liquor li- censes may only be issued to drugstores, restau- rants, hotels, clubs, bowling centers and estab- lishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. Subd. 3. The city council, in its discretion, has the right to refuse to issue or renew a license for the sale of 3,2 percent malt liquor on any prem- ises on which taxes, assessments or other finan- cial claims of the city are delinquent and unpaid. Delinquent and unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of a 3.2 percent malt liquor license. Subd. 4. No retail license may be issued to: (1) A person under the age of 21 years; (2) A person who within five years of the license application has been convicted of a willful violation of a federal or state law or local ordinance governing the manufac- ture, sale, distribution or possession for sale or distribution of intoxicating or non- intoxicating or 3.2 percent malt liquors; (3) A person who has had an intoxicating liquor or nonintoxicating or 3.2 percent CD43:11 " ~ 43-129 STn.LWATER CODE malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the busi- ness conducted thereon, or to a corpora- tion, partnership, association, enterprise, business or firm in which any such person is in any manner interested; or (4) A person not of good moral character and repute. Subd. 5. The city council, in its discretion, shall have the right to refuse to issue or renew a license for the sale of intoxicating liquor on any premises on which taxes, assessments or other financial claims of the city are delinquent or unpaid. De- linquent or unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of an intoxicating liquor license. State law references-General eligibility requirements for licenses, Minn. Stat. ~ 340A.402; eligibility requirements for on-sale licenses, Minn. Stat, ~ 340A.411. Sec. 43-130. Liability insurance. No retail 3,2 percent malt liquor license may be issued, maintained or renewed unless the appli- cant demonstrates proof of financial responsibil- ity with regard to liability imposed by Minn, Stat. ~ 340A.801. The minimum requirement for proof of financial responsibility may be given by filing a certificate of insurance providing coverage as re- quired in state law. State law reference-Liability insurance, Minn. Stat. ~ 340A.409. Sec. 43-131. Temporary licenses. A club or charitable, religious or nonprofit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor on and off school grounds, and in and out of school- houses and school buildings, provided the organi- zation can show a letter of authorization for the use and sale and consumption of 3.2 percent malt liquor in the school building. Temporary licenses shall be subject to such tenus and conditions as the city council shall prescribe. State law reference-Temporary licenses, Minn, Stat. ~ 340A.403, subd. 2. . Sec. 43-132. Issuance. The city council shall investigate all facts set out in the application for a license to sell 3.2 percent malt liquor. An opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the city council shall either grant or refuse the license. Sec. 43-133. Duration. Subd. 1. All licenses issued under this article for the sale of 3.2 percent malt liquor, except temporary licenses, shall be issued for a period of one year from January 1 to December 31. Subd. 2. Licenses issued after January 1 of any year expire on December 31 of that year. Sec. 43-134. Reserved. . Sec. 43-135. Fees. Fees for licenses issued under this article are established by resolution of the city council. State law reference-License fees, Minn. Stat. ~ 340A.408. . CD43: 12 . . . ~- MODEL II -. Presumptive Civil Penalties A. Purpose. The purpose of this Section is to establish a standard by which the City Council determines the amount of civil fines. length of license suspensions and the propriety of revocations, and shall apply to all premises licensed and individuals charged under this Chapter. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exists substantial reasons making it more appropriate to deviate, such as. but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. B, Presumptive Penalties for Violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified. numbers below indicate consecutive days' suspension): Appearance Type of Violation 1st . 2nd I 3rd I 4lt1 I 1. Commission of a felony related to the licensed I Revocation I NA I NA I NA activity 2, Sale of ~Icoholic beverages while license is under I Revocation NA I NA , NA I suspensIon. 3. Sale/purchase of alcoholic beverages tolby I $500 & I S75O& I under-age-person. $250 3-day 18-day Revocation susoension susoension 4, Sale of alcoholic beverages to obviously 5500& I $150& I intoxicated person. 5250 3-day 18-day Revocation susoension susoension 5, After hours sale of alcoholic beverages, I 6 I I Revocation 3 18 6. After hours display or consumption of alcoholic I 6 18 I Revocation beverages. 3 7, Refusal to allow City inspectors or Police I I Revocation I NA admission to inspect premises. 5 15 8, Illegal gambling on premises. I 3 6 18 Revocation 9, Failure to take reasonable steps to stop person 6 18 Revocation from leaving premises with alcoholic beverages. 3 Adapted from Ordinance 98-2 City of Plymouth. Minnesota. ALCOHOL EPIDEMIOLOGY PROGRAM UNIVERSITY OF MINNESOTA 8.5 . . . MAGNUSON LAw FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER; MN 55082 TELEPHONE: (651) 439-9464 . TELECOPIER: (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney ~ V DATE: November 5, 1998 SUBJECT: Administrative Penalties In order to comply with State requirements for licensing of intoxicating liquors and tobacco, the City Code contains provisions dealing with the compliance and assessment of civil penalties for\ certain violations. The Ordinance, however, leaves the matter of Administrative Hearings to the City Council and does not require the Council to appoint hearing officers to handle these civil administrative proceedings. The enclosed Ordinance draft is based upon an Ordinance of the City of Minnetonka that uses Administrative Hearings on many City Code violations including some traffic and all permit and licensing violations. The enclosed draft, however, limits the applicability of administrative citations and Administrative Hearings to liquor and tobacco violations. If the procedure works well and is an efficient use of time, the Council could always consider making other violations of the City Code an administrative offense and subject to this hearing procedure, Without this procedure in place, the City Council itself would be faced with conducting Administrative Hearings on the four (4) liquor license violations thatthe Chiefs memo describes. With this Administrative Hearing procedure in place, however, the Council's involvement in the process would be to hear an appeal of an Administrative Hearing Officer's decision. I would be happy to gather more information about this prior to the next meeting along with some idea of the costs associated with the program. DTM/ds Enclosure <( '. . . ORDINANCE NO. AN ORDINANCE ESTABLISHING ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES The City Council of the City of Stillwater does ordain: I. Amending. The City Code of the City of Stillwater is amended by adding Sections 22-9 Administrative Citations and Civil Penalties that shall hereafter read as follows: "Sec. 22-9. Administrative Citations and Civil Penalties. Subd. 1. Purpose, The City Council finds that there is a need for alternative methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the City and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the \ potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard City Code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy which may be pursued for City Code violations, Subd. 2. General Provisions. (1) A violation of Chapter 43 ofthe City Code (Liquor) or Chapter 41, Sec. 41-2. Tobacco. or the acts prohibited in those sections are an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to this chapter. Each day a violation exists constitutes a separate offense. (2) An administrative offense may be subject to civil penalty not exceeding two thousand and noli 00 dollars ($2,000.00). I , ~ (3) The City Council must adopt by Resolution a schedule of fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review. The City Council may adopt a schedule of fees to be paid to administrative hearing officers, .' (4) The City Coordinator must adopt procedures for administering the administrative citation program, Subd. 3. Administrative Citation. (1) The Chief of Police of his designee may issue an administrative citation upon belief that a violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. (2) The person responsible for the violation must either pay the scheduled fine or request a hearing within seven (7) days after issuance. Payment of the fine constitutes admission of the violation, A late payment fee often percent (10%) ofthe scheduled fine amount shall be imposed in accordance with Subd. 7. . Subd. 4, Administrative Hearing. (1) The City Council shall periodically approve a list of hearing officers from which the City Coordinator will randomly select a hearing officer to hear and determine a matter for which a hearing is requested, The accused shall have the right to request no later than five (5) days before the date of the hearing that the assigned hearing officer be removed from the case, One request for removal for each case will be granted automatically by the City Coordinator. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The City may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case, If a finding is made, the officer must remove himself or herself from the case, and the City Coordinator must assign another hearing 2 . .. . (2) . (3) (4) . officer. The hearing officer is not a judicial officer but is a public officer as defined by Minnesota Statute 9609.415. The hearing officer must not be a City employee. The City Coordinator must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and City Staff. These reports must be provided to the City Council. Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena shall be responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness, A person served with a subpoena may file and objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modifY the subpoena if it si unreasonable or oppressive. Any person who, without just cause, fails or refuses to attend and testifY or to produce the required documents in obedience to a subpoena shall be guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from District Court directing compliance. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten (10) days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply, The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: 3 a. b. The duration of the violation; The frequency or reoccurrence of the violation; The seriousness of the violation; The history of the violation; The violator's conduct after issuance of the notice of hearing; The good faith effort by the violator to comply; The economic impact of the penalty on the violator; The impact of the violation upon the community; and Any other factors appropriate to a just result. c. d. e. f. g. h. 1. (5) The decision of the hearing officer is final, however, the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Clerk within ten (10) days after the hearing officer's decision. (6) The failure to pay the fine or request an appeal within thirty (30) days after the citation of the failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" are: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the time; and lack of proper service of the citation or notice of the hearing. "Good cause" shall not include: forgetfulness and intentional delay. Subd. 5. Administrative Review. (1) The appeal must be heard by the City Council after notice served in person or by registered mail at least ten (10) days in advance. The parties to the hearing shall have an opportunity to present oral or written arguments regarding the hearing officer's decision. (2) The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. 4 ... . . . (3) If the Council makes a finding of a violation, if may impose a civil penalty not exceeding two thousand and no/lOO dollars ($2,000.00) per day per violation, and may consider any or all of the factors contained in Subd. 4(4). The Council may also reduce, stay or waive a fine unconditionally or based on reasonable and appropriate conditions. . (4) In addition to imposing a civil penalty, the Council may suspend or revoke any City issued license, permit, or other approval associated with the violation. Subd. 6. Judicial Review. An aggrieved party may obtain judicial review of the decision of the hearing officer or the City Council in accordance with State law. Subd.7. Recovery of Civil Penalties. (1 ) If a civil penalty is not paid within the time specified, it shall constitute: a. A lien upon the real property upon which the violation occurred if the property or improvements on the property \ was the subject of the violation and the property owner was found responsible for that violation; or A personal obligation of the violator in all other situations. . b. (2) A lien may be assessed against the property and collected in the same manner as taxes. (3) A personal obligation may be collected by any appropriate legal means. (4) A late payment fee often percent (10%) of the fine must be assessed for each thirty (30) day period, or part thereof, that the fine remains unpaid after the due date. (5) Failure to pay a fine is grounds for suspending or revoking a license associated with the violation. Subd. 8. Criminal Penalties. The following are misdemeanors, punishable in accordance with State law: (1) Failure, without good cause, to pay a fine or request a hearing within thirty (30) days after issuance of an administrative citation. . 5 (2) Failure, without good cause, to appear at a hearing which was scheduled under Subd. 4. (3) Failure to pay a fine imposed by a hearing officer within thirty (30) days after it was imposed, or such other time as may be established by the hearing officer, unless the matter is appealed under Subd. 5. (4) Failure to pay a fine imposed by the City Council within thirty (30) days after it was imposed, or such other time as may be established by the City Council." 2. Savings. Except for this change, the City Code of the City of Stillwater will remain in full force and effect. 3. Effective Date. This ordinance will be in full force and effect from and after its publication according to law. Enacted by the City Council of the City of Stillwater this _ day of 1998. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk 6 -"- . . . . . . Memorandum November 6, 1998 TO: Mayor and City Council FROM: Shawn Sanders)~. Civil Engineer SUBJECT: Aiple Lift Station Improvements Project 9819 DISCUSSION: Bids were received on Thursday, November 5th for the Aiple Lift Station Improvements. Two bids were received and listed as follows: Braun Pump and Controls Quality FLow Alarms $43,667.00 $45,000.00 Braun Pump and Controls is a reputable company and has done work for the City of StiLLwater. RECOMMENDATION: j I recommend that Council accept the bids and award a contract to Braun Pump and Controls for their bid amount of $43,667.00 ACTION REQUIRED: If Council wishes to implement the staff recommendation, they should pass a motion adopting Resolution No. 98-_, ACCEPTING BID AND AWARDING CONTRACT FOR AIPLE LIFT STATION IMPROVEMENTS (PROJECT 9819). RESOLUTION NO. 98- ACCEPTING BID AND AWARDING CONTRACT FOR AIPLE LIFT STATION IMPROVEMENTS . WHEREAS, pursuant to an advertisement for bids for the Aiple Lift Station Improvements bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; Braun Pump and Controls Quality Flow Systems, Inc. $43,667.00 $45,000.00 AND, WHEREAS, it appears that Braun Pump and Controls of New Prague, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Braun Pump and Controls of New Prague, Minnesota in the name of the City of Stillwater for the Aiple Lift Station Improvementsaccording to the plans and specifications therefore approved by the City Council and on file in the .office of the City Clerk. . 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 10th day of November, 1998. J Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . , , . . . MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND COUNCIL MORLI WELDON, CITY CLERK RENEWAL OF LIQUOR LICENSES 11/06/98 Attached is a listing of renewals for on-and off-sale liquor licenses for 1999. Some of the applicants have not submitted all required documentation and insurance certificates. Background investigations must also be completed. However, because of the timing of the November Council meetings, all applications must be approved at this meeting to allow the necessary processing time at Minnesota Liquor Control. Action requested: Resolution approving renewal of on-and off-sale liquor licenses for 1999, contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor license in the City of Stillwater. RESOLUTION 98 - , . APPROVING RENEWALS OF ON-SALE, OFF-SALE, CLUB, WINE, SUNDAY ON-SALE, ON-SALE 3.2%, OFF-SALE 3.2% LIQUOR LICENSES FOR 1999 WHEREAS, requests for renewals have been requested by the following: and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor license in the City of Stillwater; NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below for On-sale, Off-sale, Club, Wine, Sunday On-sale, On-sale 3.2%, Off-Sale 3.2% liquor licenses for 1999. Business Name Acapulco of Minnesota dba Acapulco Mexican Restaurant American Legion BPOE Lodge 179 dba Stillwater Lodge Beach Blanket Bingo dba PD Pappys Brine's, Inc. dba Brine's Bar & Restaurant D& D of Minnesota dba Famous Dave's BBQ Shack Dock Cafe Corporation dba Dock Cafe EKS, Inc. dba Harbor Bar The Elephant Walk FTL Corporation dba MGM Liquor Warehouse Food N Fuel, Inc. dba Food N Fuel Freighthouse, Inc. dba Freighthouse JLH, Inc. dba John's Bar Kinsel's Inc. dba Kinsel's Liquor Store Klemetsrud, Jeffrey C. dba Savories LLC Kor, Kenny Ming dba Silver Lake Restaurant LaRecolte, Inc. dba Harvest Restaurant and Inn Loggers Mad Capper Saloon & Eatery, Inc. dba Mad Capper Meister Eileen dba Meister's Bar and Grill Meister, Eileen dba South Hill Liquor Store National Restaurants, Inc. dba Esteban's of Stillwater Oak Glen Limited Partnership dba Oak Glen Country Club License On-Sale & Sunday Club On-Sale Club On-Sale & Sunday On-Sale & Sunday On-Sale & Sunday Wine w/Strong Beer On-Sale & Sunday On-Sale & Sunday Wine Off-Sale Off-Sale 3.2% On-Sale & Sunday Off-Sale, On-Sale & Sunday Off-Sale Wine w/Strong Beer Wine & 3.2% On-Sale Wine w/Strong Beer On-Sale & Sunday On-Sale & Sunday On-Sale Off-Sale On-Sale & Sunday On-Sale & Sunday . . . . . Pinnacle Restaurant Group, LLC dba La Belle Vie R & R Liquor St. Croix Caterers dba Cat Ballou's St. Croix Caterers dba The Grand St. Croix Preservation Co., Inc. dba Lumber Baron's Hotel Semper Lowell Associates dba Lowell Inn Stillwater Country Club, Inc. Stillwater KC Hall, Inc. dba Stillwater KC Hall Supervalu dba Cub Foods Sutler's, Inc. dba Sutler's Wines & Spirits Tom Thumb Food Markets, Inc. dba Tom Thumb Store 219 Twin Cities Store, Inc. dba Oasis Market (Croixwood) Twin Cities Store, Inc. dba Oasis Market (Greeley St.) Twin Cities Store, Inc. dba Oasis Market (Main Street) Vittorio's Inc. dba Vittorio's Zahren Enterprises, Inc. dba Trumps Deluxe Bar and Grill Adopted by Council this 10th Day of November, 1998. Wine w/Strong Beer Off Sale On-Sale & Sunday Wine w/Strong Beer On-Sale & Sunday On-Sale & Sunday Club On-Sale & Sunday Club On-Sale Off-Sale 3.2% Off-Sale Off-Sale 3.2% Off-Sale 3.2% Off-Sale 3.2% Off-Sale 3.2% Off-Sale, On-Sale & Sunday On-Sale & Sunday ATTEST: Modi W eldon, City Clerk Jay Kimble, Mayor . . . MEMORANDUM ----- ------------ TO: FROM: SUBJECT: DATE: MA YOR AND COUNCIL MORLI WELDON, CITY CLERK NEW ON-SALE WINE LICENSE RIVERTOWN INN 11/06/98 Attached is the application of Judith Dougherty for an on-sale wine license for the Rivertown Inn, 306 West Olive Street. This license would allow the sale of wine for consumption on premises to registered guests only. Action requested: Resolution approving new on-sale wine license for Judith Dougherty, dba Rivertown Inn, effective January 1, 1999, contingent upon receipt of all required \ documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor license in the City of Stillwater. RESOLUTION 98 APPROVING NEW ON-SALE WINE LICENSE JUDITH DOUGHERTY DBA RIVERTOWN INN WHEREAS, a licensed bed and breakfast facility may be issued an On-sale Wine License to sell wine to its registered guests, and WHEREAS, a request has been received from Judith Dougherty dba Rivertown Inn, 306 West Olive Street, for an On-Sale Wine License; and WHEREAS, approval is contingent upon receipt of all required documentation~ completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor license in the City of Stillwater; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby approves an On-Sale Wine License for Judith Dougherty dba Rivertown Inn, effective January 1, 1999 through December 31, 1999. Adopted by Council this 10th day of November,' 1998. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk .. . . . ". ..!., II -"- \ \ \ Minnesota Department of Public Safety LIQUOR CONTROL DIVISION (612)296-6434 TTY (612)282-6555 -;:H}-. tft~~} '4~.,." ~[f;' ~.~~~~' ---=---- APPLICATION FOR COUNTY/CITY ON-SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) ~,:.....::...-. .- -.- .=~. ~ .~~ Partner/Officer Name andmIe . .. /' . Address DaB Address DaB _ eftviIJ7Ifration II a subsiCUary of anotht..- .:orporation, give n~me and address of parent corporation S~te of incorporation CORPORATIONS Certificate Number Is COrporation authorized to do business in Minnesota? o Yes 0 No BUILDIN'G AND RESTAURANT i Owner's address . 0 No. of months per year restaurant will be op.:n 'Z- Will food service be the principle business? DYes No OTHER INFORMATION o Yes ~'No I. Has the applicant or associates been granted an on-sale non-intoxicating malt beverage (3.2) and/or a "set-up" license in conjunction with this wine license? o Yes 'J21 No 2. Is the applicant or any of the associates in this application a member of the county board or the city council ",'hich will issue this license? If yes, in what capacity? . (Tfthe applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) o .~NO 3. During the past license year, has a summons been issued under the liquor civilliability(Dram Shop) (Ivf.S. 340A.802). If yes, attach a copy of the summons. NO LICENSE WILL BE APPROVED OR RELEASED UNTIL TIIE $20 RETAILER In CARD FEE IS RECEIVED BY MLC. "\ "\" ;". o Yes~No 4. Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or else,....here. If so, give names, dates, violations and fmaI outcome. ]{Yes 0 No 5. Does any person other than the applicants, have any right, title or interest in the furnihlrc, fL'\.1ures or equipment in th 'censed premi~es? If "es, give names an details. l'v~-rS'dlc c.>t. 47'""L. \ 1.. Yes 0 No 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in ?vfinnesota? If yes, give name and address'ofthe~blishment. Lv_ hr:..- ~~ '.5 .h4,-rr::( I CERTIFY THAT I HAVE READ THE BEST OF MY OWN KNOWLEDGE. T THE ANSWERS ARE TRUE AND CORRE~T TO TIIE . -d.-- r Date The licensee must have one of the following: Check ODe o A. Liquor Liability Insurance (Dram Sh~p) S50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and SIOO,OOO for loss of means of support. ATTACH "CERTIFICATE OF 'INSURANCE" TO TIIIS FORM, A Surety bond from a surety company with minimum coverage as specified above in A. A certificate from the State Treasurer that the Licensee has deposited Vtith the State, Trust Funds having a market value of S100,000 or S100,000 in cash or securities. o B. o C. DYes 0 No IF LICENSE IS ISSUED BY 1HE COUNTY BOARD, REPORT OF COUN1Y ATIORNEY I certify that to the best of my knowledge the applicants named above arc eligible to be licensed. If no, state reason. Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates, named herein have not been convicted within the past five years for any violation of Laws of the Stat<: of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Signature" Title De artrnent Name IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPA TIONAL STAl\'IP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARM:S. FOR INFORMATION, CALL (612)290-3496 . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (651) 439-9464. TELECOPIER: (651) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson, Stillwater City Attorney ~ V DATE: November 5, 1998 SUBJECT: On-Sale Intoxicating Liquor Licenses Until recently State liquor laws provided that for a municipality to issue an On-Sale Intoxicating Liquor License to a restaurant, the restaurant needed a seating capacity for thirty (30) guests in cities of the Third Class. Our City Code, states that the seating capacity is that as set forth in the Statutes. The Statute was recently changed, however, to provide that restaurants may be issued Intoxicating On-Sale Liquor Licenses but provides that the restaurant must have "a minimum seating capacity for guests as prescribed by the appropriate licensing issuing authority". In order for our Liquor Ordinance to make sense, the Council will need to establish the minimum seating capacity for guests. The Council is free to adopt the former seating capacity of thirty (30), however, at the Council's discretion, it could be set at a lesser or greater number. The Staff requests the Council consider adopting an Ordinance change to make clear our requirements. DTM/ds MEMORANDUM . TO: Mayor and Council FR: City Coordinator RE: Request for annexation- Kern Center property owners DA: November 6,1998 . Discussion: City Attorney Magnuson received the attached letter from legal counsel for the owners of Kern Center located in Oak Park Heights (west of state highway #5 and south of state highway #36). The Kern Center owners are requesting that the City of Stillwater consider annexation of the Kern Center properties. Obviously there are some interesting issues related to this matter. Therefore, I would recommend that the Community Development Director be directed to study this request and submit a report and recommendation to the Council at a subsequent meeting. If so directed, Steve would meet with the owners as requested to discuss this matter with them. Recommendation: Council direct staff to prepare a report and recommendation regarding the annexation request of the Kern Center property owners. - /}fA . Y~4~UUVU~~'~ " Z BaJllli2~ & Kelly~ P.A. ATTORNBYS AT LAW J7~ NORm CBNI1tAL LIFE TOWER ~ MINNHSOTA SRIlST SAINTPA1.JL. ~ ~5101.2132 (6' I) ~3711 FAX (6'1) 223-3019 S~; JOHN F. RANNlGAN. JR. I'ATIOClC J. KELLY JANJIT M wu...EDSKI . October 26, 1998 ASSOC1ATES; SONG La FAWCE1T STEPHEN KI:.1l.Y SlALO i I. i! David T. Magnuson Esq. Magnuson Law Firm The Desch Office Building 333 North Main Street Suite 202 Stillwater, MN 55082 OF CQUNSRI..: JOHN (JAClC) F. ERNER " :i :1 ! !1 j "I , , Re: Building Owners of Kern Center Improvement Dear Mr. Magnuson: : I Please be advised that we represent the blJilding owners in the Kern Center area of Washington County. & you know by way ofhackground, they have been annexed by the City of Oak Park: Heights. This annexation has not been smooth, nor cooper.dive on behalf of the City of Oak Park Heights. The most recent areas of concern have been rezoning and assessments. , " , ~ ';: The building owners would like to have a meeting with the City of Stillwater staff at the . end of November to discuss the possibility of detachment and alignment with the City of Stillwater. The building owners believe that the Kern Center Area would be a great asset to Stillwater, and as a result, Stillwater would be more responsive to the issues involved in the Kern .... Center. ., :1 :1 The City of Stillwater staff is known to be very professional and progressive. We look forward to discussing these issues with you. Please advise. Respectfully, PJKJkml cc: Mr. Ray Kennedy Mr. Will 2intl Mr. Joe Kohout Mark Vierling, Esq. :Mr. Daniel Raduenz Mr. Roger Tuclmer Mr. Rob Buberl Mr. Tony Vaoulis BZr:x~ ~) f~CH Kelly r :J " ; .... . !:i " .- Nile Kriesel rfr I -' --L" From:. Sent: .TO: Subject: Diane Ward Wednesday, November 04, 199810:09 AM Nile Kriesel FW: Election returns ---Original Message- From: Donald Empson [SMTP:emvads@pioneerplanet.infi.net] Sent: Wednesday, November 04,19988:37 AM To: dward@cLstillwater.mn.us Subject: Election returns It was very very impressive to check the Stillwater web page this morning (11-4 at 8:30) and find the Stillwater election returns on it. None of the other media (WCCO or the Pioneer Press) seemed to have the Stillwater returns. Because we are leaving town here shortly, it was good to know the outcome of the Stillwater elections now, rather than having to wait several days until we return. Good workt~lt is also great to have all the Council and Commission meeting minutes on the web page. All in all, it is quite an accomplishment. Keep up the good work. Don . . 1 I ~ c~ 11/;~/7'(' Est. . Serving the St. Croix Valley Area Date: October 30, 1998 To: All Stillwater Area Chamber of Commerce Members From: Stillwater Area Chamber of Commerce Nominating Committee Re: Board Vacancies The Stillwater Area Chamber of Commerce hereby gives notice of three (3) vacancies on the Board of Directors for 1999. The following names were submitted by the Nominating Committee and accepted by the Stillwater Area Chamber of Commerce Board of Directors. Directors - Three (3) year terms (1999 - 2002) Tony Lillie, Central Bank Jeff Robertson, Lakeview Hospital Karen Wandmacher, Valley Access Channels .' Per STACC Bylaws, Article Ill, Section 2. Nomination Additional names of candidates for the Board of Directors can be nominated by petition bearing the genuine signatures of at least twenty (20) members in good standing of the Chamber. Such petition shall be filed with the Nominating Committee within ten day after the notice has been given of the names of those nominated. . Brick Alley Building' 423 S. Main Street. Stillwater' Minnesota 55082-5127 . (612) 439-7700 ._-.--.._- .---.--.-,--..-.--'-"'--.-P'.--' -.'p ~---_._,~ ~C-II/Jotqr League of Minnesota Cities Cities promoting =cenence 145 University Avenue West, St. Paul, MN 55103-2044 phone: (612) 281-1200 · (800) 925-1122 Fax: (612) 281-1299 · TDD (612) 281-1290 . . Memorandum October 20, 1998 TO: Managers and Administrators of all Direct Member Cities ofNLC FROM: JamesF.Miller~ (V) ~ Executive Director SUBJECT: NLC Policy and Steering Committee Vacancies Recently, we advertised in the Cities Bulletin for city officials who might be interested in serving on NLC's policy and steering committees. While we did receive some expressions of interest as a result, we still have the opportunity to make several appointments to policy committees. Vacancies for 1999 still exist on all but the Human Development Policy Committee. Enclosed is a brief explanation of the NLC Policy Process and discussion of the policy committee responsibilities. If you are aware of anyone in your city who would be interested in serving, please let me know by November 20th. - enc. .".......... AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER @l~{~~o~ . ~ NLC'S POLICY PROCESS: FREQUENTLY ASKED QUESTIONS WHA T IS POLICY? For the National League of Cities, a policy is a dynamic, grassroots-driven position statement on major issues of concern to cities and towns. The National Municipal Policy, and annual resolutions, contain the formally adopted positions taken by the organization on national issues. As a national membership organization, NLC focuses its policy positions on federal actions, programs, and proposals which directly impact municipalities. With its policy development process, NLC looks ahead by attempting to identify emerging issues of immediate and long-term consequence to the nation's cities and towns. This strategic focus . is essential to ensure that the resulting policy provides a solid statement of the concepts and concerns of critical importance to municipal officials. WHA T IS THE RELA TIONSIDP BETWEEN NLC'S POLICY AND ITS FEDERAL ADVOCACY EFFORTS? NLC's policy pr-ovides the foundation for its federal advocacy efforts. 1.) Policy - To shape its policy, NLC's members must be anticipatory in their work and must ask: what are the emerging issues and concerns facing cities and towns as a result of federal proposals and actions? It is essential to establish policy that consists of guiding principles rather than legislation-specific statements, so that NLC can set forth clear positions and visions. 2.) Advocacy - The efforts undertaken by the lobbying staff are focused on telling Congress, the White House, and the Supreme Court what city leaders believe is best for the nation's cities. NLC policy statements are the foundation of the organization's advocacy efforts with the White House, Congress, federal agencies, and the judiciary. The NLC policy process produces guidance that provides the advocacy staff a solid foundation upon which to examine, assess, and advocate specific proposals. . . WHAT IS NLC'S POLICY COMMITTEE STRUCTURE? There are two components to each of the six committees: a larger body known as the Policy Committee and a smaller working group known as the Steering Committee. Each is explained further below: Membership on a Policy Committee is drawn from the 49 state municipal leagues. The Policy Committees represent a broad cross-section of the NLC membership. The state municipal leagues select elected and/or appointed city officials from their state to serve as members of the Policy Committees. Each league has from three to seven positions on each Policy Committee based on the size of that state's municipal population; - In March, each Policy Committee deteITIlines the agenda of issues within their jurisdiction that warrant action during the course of the year. That agenda is then referred to the Steering Committee for further development and recommendations. The Policy Committee reconvenes at the Congress of Cities to review the work of the Steering Committee. It is the responsibility of the Policy Committee to decide if the Steering Committee's recommendations should go forward for consideration by the NLC membership as presented, be amended or rejected. . 2.) The Steering Committee is a working group of approximately 35-40 elected officials from direct member cities who are charged with studying the policy agenda set by the Policy Committee and determining what, if any, changes are warranted in the National Municipal Policy. Between the Congressional City Conference and the Congress of Cities, the Steering Committees hold at least two additional meetings in order to develop their recommendations. Each member must arrange for his or her own travel expenses to participate at the meetings. In January, the new NLC President selects the policy leadership -- chairs and vice chairs -- who guide both the Steering and Policy Committees. The chair, in concert with the NLC President, reviews the applications of those interested in serving and selects the Steering Committee membership. In determining the Steering Committee membership, a number of factors are considered to construct a broad-based team representative of NLC's diverse membership. This review encompasses factors such as expertise in the committee's issue area, section of the country represented, city size, gender, ethnicity, party affiliation, etc. WHAT IS THE DISTINCTION BETWEEN THE POLICY AGENDA AND THE LEGISLATIVE AGENDA? . The policy agenda represents the work program for the six policy committees during the course of a calendar year. The policy agenda should consist of emerging concerns facing municipalities and areas where current policy should be created, updated, or expanded. These are the topics Policy Committee members identify in March. Then, the Steering Committee members develop recommendations during their spring and fall meetings and . report to the Policy Committees at the Congress of Cities. The recommendations that are agreed upon by the Policy Committees, accepted by the Resolutions Committee, and adopted at the Annual Business Meeting, then become NLC's policy (the National Municipal Policy) and the basis for future advocacy efforts. NLC's annual legislative agenda is contained in the "Action Agenda" which focuses on federal actions on issues of importance to cities and towns that are likely to receive Congressional attention during the upcoming year. NLC members provide input on the issues of top legislative concern during the Congress of Cities when a ballot is circulated. The Board of Directors reviews the results and narrows the number of topics to five or six top legislative issues to be focused on during the year. During the March Congressional City Conference, the NLC President challenges the entire membership with the responsibility for achieving these objectives. HOW DOES NLC STATE ITS POLICY? 1) The National Municipal Policy (NMP) is a permanent, yet dynamic, statement of !\TLC's position on national matters. The NMP is divided into six chapters which correspond with the six Policy Committees. 2) Resolutions are policy statements which are considered annually. Resolutions may . address specific pieces of legislation, but cannot override existing policy as stated in the NMP. Unless action is taken to renew a resolution or convert it into policy language, resolutions sunset at the Congress of Cities following their adoption. HOW IS POLICY ADOPTED? Policy is adopted by the NLC membership at the annual Congress of Cities Conference held in early December. At the annual business meeting, voting delegates from the state municipal leagues and direct member cities select NLC's leadership for the upcoming year, consider the work of the six policy committees, and vote on whether the recommended policy amendments and resolutions should be incorporated into the NMP. WHAT ARE THE SIX POLICY COMMITTEES? Community and Economic Development (CED) Committee is responsible for national urban policy in local economic development, community development and community development block grants, housing and neighborhood development, land use, recreation and parks, and historic preservation. . . . ra . [11 Energy, Environment and Natural Resources (EENR) Committee is responsible for policy on air quality, water quality, natural resources, wastewater treatment, energy, waste management, infrastructure, urban esthetics, and endangered species. Finance, Administration and Intergovernmental Relations (FAIR) Committee deals with national economic policy, general financial assistance programs, liability insurance, intergovernmental relations, municipal bonds and capital finance, municipal management, antitrust issues, citizen participation and civil rights, and labor relations. Human Development (HD) Committee analyzes and develops policy on such issues as employment and job training, social security and unemployment insurance, income support programs, immigration and refugees, health and education, equal opportunity, and social services. Public Safety and Crime Prevention (PSCP) Committee is responsible for policy in the areas of crime prevention, corrections, substance abuse, municipal fire policy, juvenile justice, and disaster preparedness and emergency response. Transportation and Communications (T &C) Committee is responsible for policy development on issues related to public transit, streets and highways, air transportation, railroads and waterways, and cable television and telecommunications. HOW CAN I KEEP INFORMED ABOUT WHAT IS HAPPENING WITH THE NLC POLICY PROCESS? Nation's Cities Weekly, the official publication of the National League of Cities, is the most efficient and effective means available to advise all NLC members of what is happening with the policy process. Reports are regularly provided following each Steering Committee meeting. Updates throughout the year are provided on the policy process and how the membership can be involved. FOR MORE INFORMATION . Call the policy staff in the Policy and Federal Relations Center at (202) 626-3020. MAJOR SUBJECT MATTERS OF NLC POLICY COMMITTEES . 1998 Community and Economic Development (CED) Community Development Community Development Block Grant Economic Development Federal Building Historic Preservation Housing and Neighborhood Conservation International Competitiveness Land Use Recreation and Parks Francis Duehay, Mayor, Cambridge, Massachusetts Frank Harrison, Council Member, Nashville, Tennessee Bev Perry, Council Member, Brea, California Board Representatives: Harry Smith, Mayor, Greenwood, Mississippi Jenny Oropeza, Council Member, Long Beach, California Advisory Council Representatives: Ken Bacchus, Council Member, Kansas City, Missouri Lucy Allen, Mayor, Louisburg, North Carolina David Parkhurst Cameron Whitman Chair: Vice Chairs: Policy Staff: Legislative Staff: . Energy, Environment, and Natural Resources (EENR) Air Quality Clean Water and Drinking Water Energy Policy Infrastructure National Wetlands Policy Noise Control Solid/Hazardous Waste Management Superfund Urban Esthetics Water Resources Chair' Vice Chairs: Jim Naugle, Mayor, Ft. Lauderdale, Florida Trixie Johnson, Council Member, San Jose, California Bruce Tobey, Mayor, Gloucester, Massachusetts Board Representatives: Tommy Swaim, Mayor, Jacksonville, Arkansas Jack Lynch, Chief Executive, Butte-Silver Bow, Montana Advisory Council Representatives: Lara Blakely, Mayor Pro Tem, Monrovia, California Lucille Brogden, Council Vice President, Hyattsville, Maryland Sharon D. Anderson Carol Kocheisen, Laurie Saroff Policy Staff: Legislative Staff: . . Finance, Administration. and Intergovernmental Relations (FAIR) Antitrust Issues Citizen Participation and Civil Rights Federal Tax, Revenue, and Budget Policies Intergovernmental Relations Municipal Labor Relations Municipal Assistance Programs Municipal Financing Issues Municipal Liability Issues Municipal Personnel and Administration Municipal - Tribal Relations National Economic Policy Maxine Childress Brown, Council Member, Rochester, NY Joseph Brooks, Council Member, Richmond, Virginia Irene French, Mayor, Merriam, Kansas Board Representatives: Floyd Adams, Mayor, Savannah, Georgia Sue Donaldson, Council President, Seattle, Washington Advisory Council Representatives: Walt Kelly, Council President, Fishers, Indiana Robert Young, Mayor, Henderson, North Carolina Douglas Peterson Frank Shafroth Chair: Vice Chairs: Policy Staff: Legislative Staff: Human Development (HD) Cultural Resources Employment Health Services Immigration Poverty and Income Support Social Services . Education Equal Opportunity Human Resources Management Job Training Social Insurance Welfare Jerrilyn Wall, Council Member, Evanston, Wyoming John Bueno, Council Member, Pontiac, Michigan John Heilman, Council Member, West Hollywood, California Board Representatives: John DeStefano, Jr., Mayor, New Haven, Connecticut Patsy Jo Hilliard, Mayor, East Point, Georgia Advisory Council Representatives: Margaret Barrett, Council Member, Jackson. Mississippi Marion Tasco, Council Member, Philadelphia, Pennsylvania Douglas Peterson Kristin Cormier Chair: Vice Chair~' Policy Staff: Legislative Staff: . ,~~~.. ,-\."";>. . Public Safety and Crime Prevention (PSCP) Community Policing Corrections Court System Crime and Violence Crime Prevention Strategies Disaster Preparedness and Emergency Response Gun Control Juvenile Justice Municipal Fire Policy Public Safety Re,sources Public Safety Technology Substance Abuse Chair: Vice Chairs: Michael Keck, Vice Mayor, Little Rock, Arkansas Barbara Cleland, Council Member, Aurora, Colorado Conrad Lee, Council Member, Bellevue, Washington Board Representatives: . Joe Murdy, Assemblyman, Anchorage, Alaska.. Hal Daub, Mayor, Omaha, Nebraska Advisory Council Representatives: Paul E. Thornton, Council Member, Vienna, West Virginia Rillastine Wilkins, Council Member, Muskegon Heights, Michigan Deborah Rigsby Cameron Whitman Policy Staff: Legislative Staff: Transportation and Communications (T &C) Air Transportation Communications Motor Carriers Public Transportation Railroads Streets and Highways Telecommunications Transportation Planning and Land Use Waterways Chair: Vice Chairs: . Kenneth Barr, Mayor, Ft. Worth, Texas Kathleen Gaylord, Mayor, South Saint Paul, Minnesota Lw Ogden, Mayor, Tualatin, Oregon Board Representatives: Jack Valencia, Councilor, Las Cruces, New Mexico Mary Poss, Mayor Pro Tem, Dallas, Texas Advisory Council Representatives: June Eisland, Council Member, New York, New York Joseph Adams, Mayor, University City, Missouri David Parkhurst Laurie Saroff, Barrie Tabin Policy Staff: Legislative Staff: ~ . ,--~- ----- // ------- / ~"" /" '-... / " / - ~ /1 nnouatlons\ Brighf I deas in Local 6oue~nment , \ f \ I . Mar~ your calendar for February 3-4, \1999. i .; A collabor~tion of public officials and educators is} planning a mid-winter cot\ference to share ideas and innovations ~ public service ~~ February 3-4, 1999, in St. Paul, M~. The focus will\be on innovative approaches that ~blved problems and can ~asily be shared with others and ;ttansferred \\ to interested communities. / , / \ ' , / \ I \ / , ; \ / \ Plan to attend! / \ I And if your organization hflS developed strateties, "promising practices", programs, or projects tha 'address ublic service issues in a unique or innovative way . g to share them at t tact: Gove 480 St. ;". Minnesota ...b-500-8547 e-mail: gts mngts.org (Deadline for submissions 11/6/98) Innouations: Bright Ideas In Local Gouernment is jointly sponsored by: Association of Minnesota Counties League of Minnesota Cities Minnesota Regional Development Organizations Mankato State University Minnesota School Boards Association Minnesota Association of County Administrators Ramsey County Minnesota Association of Small Cities Saint Cloud State University Minnesota Association of Townships Southwest State University Minnesota City/County Management Association University of Minnesota Extension Service Minnesota Quality College Board of Government Innovation and Cooperation Center for Small Towns. University of Minnesota - Monis Government Training Service Hamline University Hubert Humphrey Institute of Public Affairs University of Minnesota . e e -lllfO!Qf . . AHociation of Metropolitan M unici pa Iitie~ DATE: October 16, 1998 TO: AMM City Officials FROM: AMM Staff RE: Policy Adoption Meeting Invitation & Metropolitan Governance Report Enclosed is an invitation to the AMM's Policy Adoption Meeting, which is scheduled for Thursday, Nov. 12, 1998 at the Sheraton Midway Hotel. We hope you are able to attend. . Also enclosed is a draft of a Metropolitan Governance Report which contains principles and legislative actions related to the Metropolitan Council. This special report was crafted by the AMM Metropolitan Agencies Committee, which was chaired by Terry Schneider.. Please review this report. The full membership will have the opportunity to debate and adopt this report, along with the 1999 Legislative Policies, at the policy meeting. Thank you for your cooperation! . 145 University Avenue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail: amm@amm145.org . October 1998 . R E o R p .. . n e T Association of Metropolitan Municipalities (AMM) 145 University Ave. W I St. Paul Minnesota 55103-2044 Phone: (651) 215-4000 I Fax: (651) 281-1299 I E-mail: amm@amm145.org . Table of Contents 1. Introduction 1 2. Principles & Options 2 3. General Observations of the Committee 5 4. Issues Related to the Selection Method of Metropolitan Council Members 7 5. Recommendation on Changing the Selection Method of Metropolitan Council Members 8 6. AMM Metropolitan Agencies . Committee 10 . 1998 Metropolitan Governance Report . 1. Introduction The Metropolitan Council was originally established to be a regional planning agency. However, the Met Council has evolved into an agency that also operates transit and wastewater disposal and administers several federal, state and regional grant programs for parks, pollution clean-up, housing and redevelopment. In addition, the Met Council has a functioning housing and redevelopment authority. The Met Council's activities and annual budget, which is about $400.0 million, are the responsibility of a 17-member board. The board is appointed by and serves at the pleasure of the governor. . While the functions of the Met Council have changed, the Met Council's governance structure has basically remained unchanged. The evolving functions and the unchanged governing structure have prompted several legislative proposals regarding the Met Council's governing structure. The legislative proposals have included a directly elected Met Council, a Met Council composed of county commissioners elected to the Council, and the abolition of the Met Council. All the governance proposals have either been vetoed or have failed to gain legislative approval. As the 1999 Legislative Session approaches, there will probably be similar proposals introduced. The Association of Metropolitan Municipalities (AMM) has been studying the Met Council, its governance structure and roles and responsibilities. The AMM's Metropolitan Agencies Committee began meeting in May 1998 and has developed several observations, principles and criteria to evaluate governance proposals. The following sections include the committee's principles and options, general observations and recommendations. . 1998 Metropolitan Governance Report 2. Principles & Options . As defined in statute, the Met Council is a public corporation and a political subdivision of the state. The Met Council, however, is not like most political subdivisions. It may appear to function as a general-purpose unit of government. For example, the Met Council can authorize a property tax levy and it receives its authority from the legislature. The Met Council, unlike other general-purpose units, has a reporting relationship with the governor who appoints all Met Council members and approves legislative initiatives. To others, the Met Council may function as a state agency. The governor's. role with the Met Council and the need for legislative authority to conduct most activities suggest that the Met Council is similar to a state agency. Being aware of the discussion regarding the status of the Met Council - government or state agency - the committee offers the following advantages and disadvantages of three metropolitan governance models. . Metropolitan Governance Model #1 If the Met Council is a state agency. Advantages . Budget review and approval and setting of fee amounts should be a state (legislative) function. . An advisory council of appointed members similar to the board of the Pollution Control Agency (PCA) could be established. . The operating functions of the Met Council could become part of existing state agencies. Disadvantages . Many regional issues including budget approval, land use planning, and user fees for regional services should be made by . a regional body. 2 1999 Metropolitan Governance Report . . The comprehensive planning review and growth strategies need local government and citizen input. . Review at the state level further distances the customers from the decision-makers. Metropolitan Governance Model #2 If the Met Council is viewed as a regional operating agency with an elected board and a planningagency with a separate appointed board. . The board would be similar in size to the Met Council and could be responsible for regional long-range planning and coordinating. . The operating agency could also be initially responsible for wastewater treatment and transit, but also be legislatively authorized to assume such services as air.ports or sports facilities. . Advantages . The organization would be more directly accountable to the electorate. . Regional planning and growth management would be separate from operation of regional services. . There would be less involvement by the governor. . There would be less involvement in operating issues by the state legislature and the governor. . The organization may provide for more clear direction from the electorate. Disadvantages . Planning and service delivery are separate. . . The organizational structure could dilute the importance and impact of long-range planning. 1998 Metropolitan Governance Report 3 . Another layer of elected government has been established. . . The organization could be more costly than the current Met Council. . The elected operating agency of the Met Council could be subject to greater influence from special interests or vendors providing campaign financing. Metropolitan Governance Model #3 If the Met Council is a political subdivision and a planning and operating agency with an elected governing body . The governing body could be elected directly by the voters or by local government officials representing the district. . The latter procedure is similar to the selection process used to select the University of Minnesota Board of Regents. Advantages . The system would be more directly accountable to the electorate. . . There would be less direct involvement by the governor and legislature. . The system may provide for more clear direction from the electorate. Disadvantages . Another layer of elected government has been established. . An elected Met Council could be granted expanded authority by the legislature to include activities currently provided by other political subdivisions, such as land use planning and zoning or offer new services. . An elected Met Council could be subject to greater influence from special interests that could provide campaign financing. . 4 1999 Metropolitan Governance Report . The committee did not adopt any of the proposed alternatives but in listing the advantages and disadvantages was able to develop a list of criteria that are essential for the framing of an acceptable legislative proposal. 3. General Observations of the Committee The committee met with several elected and appointed officials to discuss previous reports and express their views on the issue of metropolitan governance. The following are the committee's observations along with a general recommendation for each finding. Regional Problem . Observation The presence or perception of a crisis did not motivate the study. The committee did observe that no regional issue is evident that requires a change in governance. General Recommendation The region should examine the role and function of the Met Council and its relationship with local government. Metropolitan Council Reorganization Act Observation The 1994 Metropolitan Council Reorganization Act merged the transit and wastewater functions into the Met Council. To date there has been no evaluation of the merger to assess the reorganization. General Recommendation The Legislative Auditor should examine the new structure to determine if the region has been better served by the new structure and if the Met Council is the best agency to deliver the services. . 1998 Metropolitan Governance Report 5 Collar Counties . Observation The region's impact extends beyond the seven counties. The collar counties are growing in population and many residents of the collar counties commute into the metro area for work. General Recommendation The region should be recognized to be more than the current seven counties. There should a means to involve local governments from the collar counties with the Met Council. Local Government Involvement Observation City and county officials expressed a lack of comfort with the Met Council. Many officials believe that the relationship has improved but want to have more involvement of the Met Council with their local government. General Recommendation There should be a more formalized process for local government involvement, including the selection of Met Council members. . Basic Operations Observation The Met Council functions with many governmental responsibilities including but not limited to fee setting, making a tax levy and adopting regulations and also operates as a state agency. For example, the Met Council must request a state appropriation for the transit system. Therefore, it is difficult to determine what is the most appropriate governance structure. General Recommendation Because of the unique nature of its tasks and duties, the Met Council's structure should not be limited to one form or the other. Refer to section five for specific recommendations. . 6 1999 Metropolitan Governance Report . . . _4.. Issues Related to the Selection Method of -.-,..?- Metropolitan Council Members The committee discussed the various methods of selecting Met Council members. While not favoring a particular method, the committee developed an issues list for several alternatives. The list is as follows: H the procedure for Met Council member selection remains as is: . Concern that representatives of a district may represent the governor's interests rather than the interests of the district. . Not adequate involvement of local elected officials in the selection process. . If a representative is unresponsive to requests for dialogue with local officials, there is no meaningful recourse. . There is no direct participation in the selection process by the general public, although not everyone felt that the general public wants to be involved in the process. H Met Council members are elected by a direct election of the general public: . Concern that selection process would be unduly politicized. . Concern for campaign funding and undue influence by special interests. . Concern for creation of another formal level of government, and the possibility that once elected, the Met Council would be given more authority over local governments, especially in relation to land use decisions. H Met Council members are appointed by the governor from a list of candidates provided by local elected officials: . Would address the issue of involvement of local officials in the selection process, but may not bring forward the best candidate that has a regional perspective. 1998 Metropolitan Governance Report 7 . May not allow for representation of all stakeholders in the region (including the perspective of the development community). . U Met Council members are elected bv local elected oHicials: . Would address the issue of involvement of local officials in the selection process, but may not bring forward the best candidate that has a regional perspective. . May not allow for representation of all stakeholders in the region (including the perspective of the development community). 5. Recommendation on Changing the Selection Method of Metropolitan Council Members A. The committee recommends that fixed, staggered terms be established for Met Council members. . B. The committee recommends that no changes should be made to the Met Council unless a governance proposal meets the following criteria: Terms of Office Members of the Met Council should be selected to serve a fixed term of office. The terms of the members should be staggered. Met Council Powers The Met Council should continue to be a long-range planning agency and potentially an operator or oversight agency for regional services. As such, the Met Council must maintain planning, coordinating and local assistance as a high priority. Additional Powers New powers must not expand or override city responsibilities, especially land use regulation authority. The Met Council must not . become an agency with general local government powers. 8 1999 Metropolitan Govemance Report . State Role The legislature should focus on broad oversight of the Met Council's mission and services. Local Govemment Local elected officials must be involved in the selection process of Met Council members and there must be a mechanism to facilitate meaningful dialogue and input between the Met Council and cities. Collar Counties The metropolitan region clearly includes the seven designated counties and the adjacent eleven Minnesota counties, as well as three Wisconsin counties. The needs of the collar counties and the entire metropolitan region beyond the current seven county region must be addressed. Met Council Members . The selection process must strive to appoint Met Council members who have an understanding of and will be responsive to the district represented, as well as be responsive to the best interest of the region as a whole. The selection process should limit the potential influence and support (including financial) of special interests. The above criteria attempt to fashion a regional governance structure that has a distinct mission but does not establish a political subdivision with local government powers or one that is a state agency. The Met Council should not be a super government that could override local powers or be a state agency. Rather, the Met Council should have a distinct mission of long-range planning and operation of legislatively authorized regional services. . 1998 Metropolitan Governance Report 9 6. AMM Metropolitan Agencies Committee . Terry Schneider (Chair), Counci1member, Minnetonka Bill Barnhart, Government Relations Representative, Minneapolis Kevin Batchelder, Administrator, Mendota Heights Bob Bruton, Counci1member, North St. Paul Cathy Busho, Mayor, Rosemount Sharon Feess, Counci1member, Brooklyn Park Matt Fulton, Manager, New Brighton Thomas Goodwin, Councilmember, Apple Valley Tom Harren, Planner, St. Paul Ken Hartung, Administrator, Bayport Susan Hoyt; Administrator, Falcon Heights Anne Hurlburt, Director of Community Development, Plymouth Barbara Johnson, Councilmember, Minneapolis E Gary Joselyn, Councilmember, Crystal Rick Kelley, Community Development Director, Apple Valley Larry Lee, Director of Community Development, Bloomington Tom Link, Director of Development & Prot. Serv., Inver Grove Heights Paul Malone, Councilmember, Arden Hills Mary Helen Mische, IGR Assistant, St. Paul Mark Nagel, Manager, Anoka Jim Norman, Administrator, Ramsey Don Rye, Planning Director, Prior Lake Dave Schaaf, Mayor, Oak Park Heights Charlotte Shover, Councilmember, Burnsville Jill Smith, Counci1member, Mendota Heights . . 10 1999 Metropolitan Governance Report . James Smith, Councilmember, Independence Russ Susag, Counci1member, Richfield Eric Thole, Councilmember, Stillwater Joy Tierney, Mayor, Plymouth Sherry Timmerman, Councilmember, Oakdale Kurt Ulrich, Administrator, Champlin Chuck Whiting, Administrator, Mounds View Dorm Wiski, Counci1member, Roseville . . 1998 Metropolitan Governance Report 11 - ~ ~ ~----1 -,." - ^~ . ~Fota Water&SoiJ Resources ~'~l..~ One West Water Street Suite 200 St. Paul, MN 55107 (651) 296-3767 Fax (651) 297-5615 Field Offices Northern Region: 394 S. Lake Avenue Room 403 Duluth, MN 55802 (218) 723-4752 Fax (218) 723-4794 3217 Bemidji Avenue N. Bemidji,MN 56601 (218) 755-4235 Fax (218) 755-4201 217 S. 7th Street Suite 202 Brainerd, MN 56401-3660 (218) 828-2383 . Fax (218) 828-6036 Southern Region: 261 Highway 15 S. New Ulm, MN 56073-8915 (507) 359-6074 Fax (507) 359-6018 40-16th Street SE Suite A Rochester, MN 55904 (507) 285-7458 Fax (507) 280-2875 Box 267 1400 E. Lyon Street Marshall, MN 56258 (507) 537-6060 Fax (507) 537-6368- Metro Region: One West Water Street Suite 250 St. Paul, MN 55107 (612) 282-9969 Fax (612) 297-5615 An equal opportunity employer Printed on recycled paper . MEMORANDUM,f I November 2, 1998 ...~ TO: ~ro~n's ~re~k Wate;:hefl District Board of Managers ~ !f6 CU/~~ Ff'}im Haertel, Water Management Specialist PH: (651) 297-2906 RE: Amendment to Watershed Management Plan Brown's Creek Watershed District Please find enclosed a copy of the October 29, 1998, order approving an amendment to the approved Watershed Management Plan for the Brown's Creek Watershed District. The plan amendment pertains to reducing damage caused by high water levels associated with Kismet Basin and School Section/Goggins Lake. The order requires the District to complete an Environmental Assessment Worksheet or Environmental Assessment Worksheets, at a minimum, before either project is ordered. The District is also required to submit to BWSR proof of adoption of the plan amendment into the approved Watershed Management Plan within 120 days of the date of the order. Please note, consistent with Finding # II of the order, the BWSR board recognizes the efforts of the Brown's Creek Wat~rshed District Board of Managers to balance the needs of the residents for permanent solutions to flooding problems and the environmental resources of the watershed. If you have any questions or comments, please contact me. Enclosure cc's on attached page . Brown's Creek WD Plan Amendment November 2, 1998 Page 2 ~ Rod Sando, Commissioner, DNR Kent Lokkesmoe, Director, DNR Washington County Board of Commissioners Washington County Auditor James R. Schug, Washington County Administrator Jane Harper, Washington County Physical Planner Morlie Weldon, Clerk, City of Stillwater Robert Museus, Administrator, City of Hugo Deborah Graul, Administrator, City of Grant Mike Robertson, Administrator, City of Oak Park Heights Mary Kueffner, Administrator, City of Lake Elmo Patricia St. Claire, Clerk, Bay town Township Linda Klein, Clerk, May Township Pat Bantli, Clerk, Stillwater Township Konrad Koosmann, District Manager, Washington County SWCD Mark Doneux, Washington County SWCD Molly Shodeen, Area Hydrologist, DNR-Waters Metro Region Ken Wald, DNR-Planning Celine Lyman, MPCA Mark Zabel, MDA Betty Wheeler, MDH Marcel Jouseau, Metropolitan Council Louis Smith, Brown's Creek WD Counsel Ron Harnack, BWSR Jim Birkholz, BWSR Doug Thomas, BWSR Matt Moore, BWSR . . . . . Minnesota Board of Water and Soil Resources One West Water Street, Suite 200 St. Paul, Minnesota 55107 In the Matter of the Amendment to the Watershed Management Plan for the Brown's Creek Watershed District pursuant to Minnesota Statutes Section 103B.231, Subd. 9 and Subd. 11 ORDER AMENDING BROWN'S CREEK WATERSHED DISTRICT MANAGEl\1ENTPLAN Whereas, the Washington County Board of Commissioners, acting as the Brown's Creek Watershed Management Organization, submitted a Watershed Management Plan Amendment (plan Amendment) for the purpose of flood relief in the Brown's Creek Watershed with the Board of Water and Soil Resources (Board) dated June 16, 1997, pursuant to Minn. Stat. ~ 103B.231, Subd. 11, and; Whereas, during the review process of the Plan Amendment the Brown's Creek Watershed District was established with their Board of Managers continuing the Plan Amendment process started by the Washington County Board of Commissioners, and; Whereas, the Board has completed its review of the Plan Amendment, Now Therefore, the Board hereby makes the following Findings of Fact, Conclusions, and Order. FINDINGS OF FACT 1. Chronology of Events: a. April 15, 1997 Washington County Board of Commissioners, acting as the Brown's Creek Watershed Management Organization, authorizes Plan Amendment. b. June 16, 1997 Washington SWCD submits Plan Amendments to state review agencies and communities. 1 of 6 c. July 10, 1997 to Comments received from Met Council, Department of . September 6, 1997 Agriculture, Washington County Public Works, Department of Natural Resources, Board of Water and Soil Resources, and Pollution Control Agency. d. October 7, 1997 Draft responses prepared and presented at public hearing on Plan Amendment. e. October 22, 1997 Brown's Creek Watershed District established by Board of Water and Soil Resources. f. October 28, 1997 Brown's Creek Watershed District holds first meeting. C1 November 24, 1997 Brown's Creek Watershed District reviews draft response to O' agency comments. h. January 26, 1998 Brown's Creek Watershed District finalizes response to agency comments. I. March 16,1998 Brown's Creek Watershed District submits revised Plan Amendment to Board of Water and Soil Resources J. October 6, 1998 Brown's Creek Watershed District submits fmal Plan . An1endment to Board of Water and Soil Resources. 2. Summary of Projects: The Plan Amendment clearly states that the proposed outlet design for the School SectiOn/Goggins Lake will be implemented ONLY after the relocation of a severely affected household, completion of the LCMR wetland/infiltration study, and a determination by the Brown's Creek Watershed District Board of Managers of what further actions are needed to address basin flooding problems. Then, if needed, , the process for implementing a permanent outlet solution would include development of a concept plan, a further feasibility study, environmental review, preliminary and fmal designs, a minor watershed plan amendment (if necessary), development of plans and specifications, obtaining permits and easements, and construction. The proposed outlet design for Kismet Basin consists of a series of corrugated metal pipes, water courses, and wetlands that would drain into Brown's Creek. 3. Summary ofRcyiew Process: a. BWSR, MDNR, MPCA, MDA, and the Metropolitan Council all provided . 2 of 6 . . . comments on the proposed Plan Amendment pursuant to Minn. Stat. ~ 103B.231, Subd. 7 and Subd. 8. b. Draft responses were prepared and presented at a public hearing held on October 7, 1997. c. The Brown's Creek Watershed District finalized responses to agency comments on January 26, 1998. d. A revised Plan Amendment was submitted to BWSR on March 16, 1998. e. The state review agencies commented on the revised Plan Amendment. f. A final Plan Amendment was submitted to BWSR on October 6, 1998. 4. The alternatives analysis includes the cost of property, structures, repair or relocation of septic systems and wells, and reconstruction of public roads., as well as the acquisition of property where needed. 5. There is a need for the completion of an Environmental Assessment Worksheet or Environmental Assessment Worksheets, at a minimum, for both projects. 6. An operation and maintenance program for the outlets has been developed. 7. The Brown's Creek Watershed District will determine which Federal, state; and local regulatory programs apply to the implementation of the proposed outlet projects. 8. Financing the proposed outlet projects is clearly defined in the Plan Amendment. 9. Potential impacts to wetlands as a result of the proposed outlet projects has been discussed and the proposed School Section/Goggins Lakes Legislative Commission on Minnesota Resources (LCMR) project will createlrestore wetland resources. 10. BWSR agrees conceptually that a permanent solution to the School Section/Goggins and Kismet Basin flooding issues is necessary. A primary reason for establishment of the Brown's Creek Watershed District was resolution of existing flooding issues within the 30f6 watershed. 11. BWSR recognizes the efforts of the Brown's Creek Watershed District Board of Managers to balance the needs of the residents for permanent solutions to flooding problems and the environmental resources of the watershed which includes a designated trout stream. 12. Metropolitan Water Planning Subcommittee. The BWSR Metropolitan Water Planning Subcommittee met on Tuesday, October 20, 1998, and decided to recommend approval of the Plan Amendment to the full board. 40f6 . . . . . . CONCLUSIONS 1. The proposed Plan Amendment describes the problem and addresses the need for the proposed projects. 2. Analysis of alternatives indicates that the proposed Plan Amendment is cost effective as a solution to the high water problems. 3. The proposed Plan Amendment and the scope of the projects are consistent with the currently approved Brown's Creek Watershed District Watershed Management Plan. 4. The Brown's Creek Watershed District Watershed Management Plan Amendment, dated October 6, 1998 together with Appendices A-H from the original plan amendment dated June 16, 1997 incorporated by reference and made a part of this Order, describes water and water-related problems within the Brown's Creek Watershed District's boundaries, possible solutions thereto, general objectives and policies of the Brown's Creek Watershed District, and an implementation program. 5. An Environmental Assessment Worksheet or Environmental Assessment Worksheets, at a minimum, must be completed before either project is ordered. 6. BWSR staff have reviewed the proposed Plan Amendment dated October 6, 1998 together with Appendices A-H from the original plan amendment dated June 16, 1997, and have found the information to be sufficient to meet the intent of applicable sections of Minnesota Rules Chapter 8410, Minn. Stat. ~ 103B and Minn. Stat. ~ 103D. 7. The Plan Amendment has been reviewed according to MinD. Stat. ~ 103B.231, Subds. 7,8,9, and 11. 8. All relevant substantive and procedural requirements of law and rule have been fulfilled. 9. The Board has proper jurisdiction in the matter of approving an amendment to the 50f6 Brown's Creek Watershed District Watershed Management Plan pursuant to Minn. Stat. S 103B.231, Subds. 9 and 11, and Minn. Stat. S 103D.411. . ORDER "":.! 1. The Board hereby approves the pI;oposed Plan Amendment, dated October 6, 1998 together with Appendices A-Hfrom the original plan amendment dated June 16, 1997, incorporated by reference and made a part of this Order, to the Watershed Management Plan for the Brown's Creek Watershed District for the purpose of reducing damage caused by high water levels. 2. It is mandatory for the Brown's Creek Watershed District to complete an Environmental Assessment Worksheet or Environmental Assessment Worksheets, at a minimum, before ordering either project. . 3. The Brown's Creek \Vatershed District must submit to the Board proof of adoption of the Plan Amendment into the approved watershed management plan within 120 days of the date of this Order. Dated this l. or th day of October, 1998. MINNESOTA BOARD OF WATER AND SOIL RESOURCES By: ~717~ Kathleen M. Roer, Chair / 6 of 6 . r- BRO"'~'S CREEK WATERSHED DISTRICT Raard uf :'YllUl.e"I':-.~ l"rulg La~.,.. l'r';'"'\ldclll K,.rtlll Jo.:ilbcrJ; \'i,1l:.~id.Ylt I t,Jwanl (J"pJ."llI, 1 rC1l5urc:r :~1 JC)Z1 MidlCh. S,-...mary .J. !'hni"l f\.".1C'!" - -":;"::.-' '.~';'-...-- ~~ ~. . \Jailinll: Addl'e:'l~TKhnind Ad,;t.or: :\ltelfnfll: c 0 \\"J~lIngl'--.n $'.1;1 .1:\d \A'J.t,-rCOO>cT";.!""" J}i~I,1 l~:~ ('Ul"\'~ Cr~~l UOUI"',lTd, Suite 10; StlllwJ.L<':'. .\fN 'i~O~2 (dO p.rn.. 2nd & 4th ~loodll~ IIftli.: \hlOth ,II WJ.:'iIinP1-tn Sl'il aw' \l.:;tt.:r <':l'f1s<T,,,ll..l In.~rilt "nic..~. Call to order ({j 6 30 PM 2 Approval off\'finutes, Oct 26, 1998 Meeting (Michels) 3 Revision and amendment to prior minutes. Oct. 12, 1998 MeetinH; 4. Treasurer's Report (~rdon) 5. Review and Discussion of Budget Status (G{!rrl()n) 8. 9 10. . 11. 12. 13. 6, Receipt and Acceptance ofH & H Study (E &0) 7. Status Review ofLCMR Project (E & 0) Review, Comments and Selection of Finalists. Engil1eerin~ RfP Review of Pending DevelopmentS (Doneux) Report on Watershed Plan Amendments (Doneu~, l\'foore) Report on Washington County Water Governance (Lt"iser) Report on Rules Distribution Process (Doneux, Smith) Repol1 on Community Interface Committee, Stillwater ALTAR (Leiser) ] 4. Communications 15. Old Bl:siness 16. New Business 17 Recess, .Public Board Meeting 18. Convene, Executive Session 19 Adjournment . Brown's Creek Watershed District Citizens Advisory Committee . Meeting minutes [,PAFT Date: 10/15/98 Time: 6:30pm Location: SWCD office Committee members present: Angela Anderson, Pam Bjorum, Jyneen Thatcher Board members present: none Other individuals pr-esent: . none Due to a conflict in room scheduling, the meeting was held in the SWCD office, rather than in the conference room. Unfortunately, some of the committee members did not find the meeting. The committee members present listed the properties known to have experienced some damage from the high water. This list will be provided to the BC managers, and added to as other sites are identified. . The committee began review of the Brown's Creek Watershed Management Plan, starting with Section ill: Existing and potential problems. Rather than re-writing details, the group took a broader view, noting that sub-sections A and B (Flooding and Erosion) still exist, but need revision to include the new sites identified, and to exclude those that are no longer an issue. Under Subsection C (Surface water quality), the group felt that instead of the general explanation of threats to water quality, more detail be provided on the specifics in the watershed. This should include both a baseline of the current levels and target levels. The overview sh~:)Uld explain how these problems fit into or threaten the watershed. Much of this information can probably be taken from either the H&H study or the Draft Rules. Thermal impacts should be added. Sub-section D (recreation and fish & wildlife habitat) needs to be revised, following the current level of information on the trout habitat. But this section should also address other wildlife and recreation concerns including the upstream fishery areas (such as School Section Lake ice fishing pressure) and County Biological Survey sites along the Creek corridor. On a detail level: the correct name of the trail is "Gateway Segment of the WIllard Munger State Trail." The section on Groundwater needs updating, again possibly from the H&H study. Another detail: "irrigation" does not seem to be a growing demand. On Section IV: Goals, Objectives and Policies, we expect there will be a correlation between these and the Rules. This section will need to be revisited after we've seen the Draft Rules written by the Board. However, a few direct comments were made. In . A. Water Ouantity, the goal and objectives need to be reworded, and possibly reconsidered . for priority. Suggested was a switch from emphasis on "capital expenditures" to emphasis on resource protection. Objective 1 and several of the policies seem to emphasize or rely on a piped outlet as a solution for water quantity issues. This is contrary to the actions taken'so far by the Board. Other policies refer to specific engineering standards, and should be revis~d along the lines of the Rules. Policies la and Ib refer to Ie .eh cf importance. Greater definition is needed. One suggestion for prioritization of waters of importance is mainstem and immediate subwatershed as district importance, and outlying basins as local importance. Those present did encourage District involvement in all waters of the watershed, not relying on local units of government. The policies dealing with wetlands should be revised to conform with the Wetland Conservation Act at a minimum, and further restrictions included in the Rules. In Section B Water Quality, the term "water quality" should be defined by explaining the current and target level of "quality." The objectives and policies for wetlands should be revised to conform to WCA and MPCA standards. Objectives and policies for wastewater treatment need to be updated, and mention of "urban" runoff concerns needs to be added. Objectives pertaining to thermal impacts and buffers need to be added, following the Rules. Meeting was adjourned at 8:30. At our next meeting, we will continue in this manner unless the Board re-directs the Committee. . Items to be brought to the Board: 1. Please review the above comments on the Watershed Plan, and make any suggestions or requests on our approach toward the 2nd Generation Plan. Next meeting date, time and place: Thurs November 12, 6:30; SWCD office building (probably the usual conference room) Submitted by: Jyneen Thatcher . TO: Brown's Creek Watershed District Board FROM: Citizens Advisory Committee DATE: October 26, 1998 . RE: List of properties affected by the high water levels This list is intended to inform the Board of properties in the Watershed District that have been affected by the high water levels. It is not an all-inclusive list, nor is it a request for assistance for these property owners. But these are felt to be significant locations that might be pertinent in future studies of the District. As sites are brought to our attention, we will add them to the list, and update you periodically. Keller/Keystone Road turn-around at Goggins Lake - road under water decreasing the area for safe vehicle turning Green residence driveway, 12799 Keller Ave Pierre residence driveway, 12863 Keller Ave Driveway at 13195 Manning Trail N Kuehn farm 10820 N 140th St - access to ag fields Farragher residence driveway, Keystone at turnaround Shimota residence driveway - 9824 N 140th St Cammack field road - 9052 N 140th St City of Grant - park land west side of Bass Lake Francois residence 12020 July Ave, septic system . . . Minutes of Meeting Brown's Creek Watershed District September 28,1998 . . Approved In Attendance: BCWD Board of Managers Ned Gordon Karen Kilberg Dan Potter Jon Michels Others Louis Smith of Smith Parker, BCWD Legal Counsel Jason Moeckel and Molly Shodeeri, MNDNR Jerry Turnquist, City Council Member - Oak Park Heights Cecilio Olivier, Brett Emmons, Tony DeMars, Camilla Correll, Jon Lennandre, and Stuart Grubb of Emmons & Olivier Resources Jyneen Thatcher, Angela Anderson, and David Truax, Citizens Advisory Council Dave Anderson, Montgomery Watson Kim Reeves, Recording Secretary 1. The meeting was called to order at 6:35 p.m. by Karen Kilberg. . Approval of Minutes of 9/14/98: A motion to approve the Minutes of the 9/14/98 meeting, as amended, was made by Dan Potter and seconded by Jon Michels. The motion passed 4/0 (in the absence of Craig Leiser). 3. Treasurer's Report - Ned Gordon: 2. . . A motion to approve the Treasurer's report as presented was made ,...., by Ned Gordon and seconded by Jon Michels. The motion passed 4/0 (in the absence of Craig Leiser). 4. Discussion of Plan Amendment - Louis Smith: . Presentation of memo re: Plan Amendment Revision. . A motion to accept the revisions as presented was made by Ned Gordon and seconded by Jon Michels. The motion passed 4/0 in the absence of Craig Leiser. . A vote on the actual revisions will be taken later in the meeting. Review and Approval of the LCMR Contract - Louis Smith: . BWSR amenable to first three changes. . Fourth and fifth changes not acceptable. Discoveries to be provided to BWSR in a timely manner. . A motion that the LCMR contract be accepted with the first three changes as discussed was made by Ned Gordon and seconded by Jon Michels. The motion passed 4/0 (in the absence of Craig Leiser). 5. 6. Review of LCMR Status - Stuart Grubb: · Three alternatives to lowering lake levels Vfere presented to the Board. · Discussion of possible additional alternatives discussed. . · Total cost estimate of infiltration project = $412,000. Final lake elevations and flow rate will be major factors in cost of project. · Present alternatives to the DeWolfs and the Luecks. · A motion that the revised version of the watershed plan amendment be accepted and prepared for submission to BWSR was made by Ned Gordon and seconded by Jon Michels. The motion passed 4/0 in the absence of Craig Leiser. 7. Review of H&H Study Matrix - Members of Emmons and Olivier: · Issues matrix and impact tables discussion led by Brett Emmons . Presentation and discussion of thermals. . Presentation and discussion of erosion factors. . Identification of wetlands. · Discussion of modeling . Recommendation of final steps for E&O from Board. Comments and questions to E&O in time for answers to be made at the next Board meeting. HMPG Status Report - Ned Gordon: . Very long lead time - six month process. The Board will not pursue these funds for the Rice property. Funding is still available and may be a good program to pursue to mitigate the problems of other property owners. FOR Proiect - Ned Gordon: . 8. 9. . Both appraisals have been received. . A motion that Smith Parker and Ned Gordon begin negotiations with the Rices made by Ned. Gordon and seconded by Jon Michels. Motion passed 4/0 (in the absence of Craig Leiser). 10. Rules - Louis Smith: . Discussion of changes. . A motion to incorporate the new language was made by Jon Michels and seconded by Ned Gordon. Motion passed 4/0 . A motion to accept language regarding buffers as presented was made by Dan Potter and seconded by Jon Michels. The motion did not pass. _~ . A draft of the Rules is to be sent to municipalities, DNR, and BWSR with a 45 day deadline for comments. A public hearing to be scheduled for October 26. 1998. . . . . . - · Items 11 - 15 to be tabled until the next meeting. . Response to plea from the Long Lake homeowners association to be drafted for Craig Leiser. . 11 . Adiournment - A motion to adjourn at 11 :35 p.m. was made by Ned Gordon and seconded by Dan Potter. The motion carried 4/0 (in the abser,;:.-:: of Craig Leiser). Respectfully submitted by: ~~ ~~4 Kim eeves Recording Secretary .,..., r~- BRO~'N'S CREEK WATERSHED DISTRICT :\lalbne Addrt'!alTt'chnlul ;uh1wr; \f"f'UJlCJ: Hoard (If ~f"DlI~n l () WiI!\hingtUll Soil and '" lltA.y C""'<T' ;.1100 1)1I;l1Id. I x: ~ C \If'~ L'rc<;l. H,)UI~';lrd. Sllil.: 1 \' 1 ~\lll" Jlt.'l'. 'I" ~5il82 b..10 r.IlI, 2nd &. 4th ~1t11ldav "flit.. ~l'-'llh 31 W;uhinClon Soil and U',d.:r l.Jn.SC'r'.;rt1<'ll1 DI~ri\.l Otlicc ('r"ig LA.oj~Cf. I'r~"'i&.nl ~ra1 J.;:i1I1<....e. Vi.."Prcsl Edward ('"mllJn. 'j.rl'4mrcr .1".1 :. ti..nds. S\.'\."fd.i1r;' !..>.lnid J'oa.:l' AGE1VDA October 26, 1998 I Call to Order (~{~ 6 30 PM 2. Approval of l\linutes fTom October J 2, 1998 meeting (Michels) 3. Treasurer's Report (Gordon) A. Accounts Payable B. Year-to-date Re\.iew of Financials 4. Engineering Firm Selection Process (All) A. Initial Screening B. Final Selection S. H & H Study Presentation afFinal Report? (E & 0) 6. LC.MR Project Status and Review (E & D.) 7. mvfOPjStatus; Go or No-go" 8. Rule Distribution Process and Review of Comments . 9 Communications 10. Old Business 11 New Business 12. Adjoumment, Regular Meeting 13. Executive Session, (.Managers and Legal ON L Y) 14. Adjournment, Executive Session . Stillwater Township November 12,1998 . Chair: Untiedt 7:30 p.m. Regular Meeting Oaths New Supervisors Aeenda: Adopt Minutes: Approve :Minutes October 22 and October 26, 1998 Treasurer: 1. Final Budget 1999 2. Claims & Checks 3. Striping Bill Attornev: 1. Socha Situation 2. Recycling Contract 1999 (no changes) 3. Rivard appeal Planner: 1. Palmer Minor Subdivision 2. Grant City Comprehensive Plan 3. AUAR Audit . 4. County CUP 5. Smuckler :Minor Subdivision En!!ineer: 1. Should engineer be required to attend all meetings? Public Works: 1. Update equipment sales Clerk: 1. Committees: 1. Park Committee and Planning Commission Terms Ending. Review Attendance PeoDle - 8:30 PM: 1. Steve Nelson: a) Contract status b) Software for $2,000 c) Policies regarding scope of responsibility and possible liability Old Business: 1. New Business: 1. . Note: Claims by December 1, please 11/4/98 Pat Bantli . . . OCT-21-1998 12:55 P. 01/04 CITY OF OPH ~ CITY OF OAK PARK HEIGHTS facsimile TRANSMITI'.AL - to: All Parties Indicated Below fax #: Various re: October 20 City Council Follow-Up Agenda date: Ocl:oher21, 1998 p3gCS: 4 (including this cover sheet) -----__-..-.p,....""...,_....,.-..w_________fIII>.<tI-..~".....~.........""'____________._J__..... This is a group fax. please route to the individual indicated belOW'. If you experience any problems with this facsimile transmittal, please contact Lisa Schleusne:r at 439~4439. Council Meeting Correspondeni Councll Meeting Correspondent Mark Vierling, City Attorney Ken Ha.rlung, City Administrator N lie Kriesel, City Coordinator Joe Anderlik, City En~ineer Karen Shimon/ City Engineer Brian Scott, City Engineering Scott Richards, City planner Dave Mol, City Auditor Robert Brackey Kevin Furlong Ann Wasescha The Courier Newspaper Stillwater Evening GAzette Eckberg, Lammers, Briggs, Welff & Vierling City of Bayporl City of Stillwater B~ne9troo, Rosene, Anderlik & Associa.te$ Bo;uestroo, ROj;ene, AndeJ:lik & .Assodates Bonestroo, Rosene, Anderlik & As90ciates Northwest Associated- Consultants, Inc. T 4utges & Redpath Co., Ltd. Bradey West DevelopeI parks Commission Mern1er Planning Commission Member From tho cbll of... City of oJ. Pall, Hcighlll 14168 N. 57th St., P.O. BOx 2007 Oak Puk Heigbto, MN SS082 (651) 43Q.443Q Fax: (651) 4039-0~74 OCT-21-1998 12:55 C lTY OF OPH P.02/04 CI1Y OF OAK PARK HEIGHTS CITY COUNCIL FOLLOW-UP AGENDA FOR TUESDAY, OCTOBER 20, 1998 . call to Older/Approval of Agenda Add Item H., .Advertising Opportunity, to Consent Agenda. Add Item H., Candidate Forum, to Department/Councll Liaison Reports A.JJ a Closed Executive Session to discuss pending litigation and. Perro Creek Item D. Cable Joint Powers Agreement, pulled Approved with changes 5.0 DeyarlmentlCouncil Liaison Reports A. Parks Commission Update from Octobe-r 19 meeting; next meeting November 16 B. Cable Commission C. Water Management Organiza.tions D. Recycling Award to Joseph McQuillan, 5558 Novak Avenue North E. Planning Commission Upclate from October 15 meeting; next meeting' November 5 F. Council Committee Updates . G. Brid~e Reports H. Candidate Forum SchechJed for T uesd.ay, October 27 from 7:00 - 8:00 p.m. at City Hall Visitors Consent Agenda (Roll Call Vote) Items B, F, G, ana H pulled. All other items approved 5-0 A. Approve Bills & Investments B. Approve City Council Minutes - September 8, 1998 Tahled until Novemhe~ 11 Council Meeting C. Approve City Council Minutes - September 22, 1998 D. Approve City Council Minutes - Odobe.!:' 6, 1998 . . . . OCT-21-1998 12:56 P.03/04 CITY OF OPH E. Approve contrad for auditing services for 1998 F. Approve bid horn St. Croix Tree Service for diseased and hazard tree removal, pruning a.nd stump grinding Clarification provided - Approved 5-0 G. Direct staff to receive proposals from consultant to develop a. long range capital improvement program for park improvements and construction Clarification provided - proposal received H. Advertising Opportunity with the Stillwater Area Chamber of Commerce Approved 5.0 Public Hearinis A. Public Hearing to consider amending Ordinal1ce Chapters 1201 and 1202 affecting sale and distribution of Non-intoxicating and Intoxicating Liquors Approved 5-0 B. puhlic Hearing for Brackey West Special Assessment Hearing - request: to table until November 10, 1998 Counoil Meeting to provide for legal publication ToJ,led until November 10 Councll Meeting New BUllinen A. Set a Public Hearin.g for November 10,1998 to discuss proposed ordinance to implement refuse collecHon system beginning January 1, 1999 Approved 5.0 B. Approve garage vamnce request by Richard Keller, 14140 Upper 54u, Street North with recommendations from City plal1t1er and Planning Commission Approved. 4-1, Councilmember Beaudet voting against C. Public Works Director Review and Update Approved 5.0 D. Merno of Understanding for skating sexvices1y Renee Sorenson Approved 5.0 Old Business A. Update on Valley Senior Services Alliance 1. Proposed time schedule for 501.C3 bond issuance 2. Update on Developer's Agreement Staff to continu.e, set a. public hearing for November 10 Council meeting B. Six month review of 1998-1999 goal Jetting OCT-21-1998 12:56 CITY OF OPH C. review of ten goals and their prog:res5 Update tegarding solid waste contract Staff authorized to continue discussions with two low bidders; approved 4.1, Councllmemher Swenson voting aga.inst D. Cable Joint Powers Agreement Pulled from Agenda 9:02 p.m. - A.cljourn to Closed Executive Session to Ji_cuss pending litigation and Perro Creek update 9:27 p.m. - Reconvene Council meeting Approve 5-0 to secure the services of LaSalle & Associates for Eller Media litigation Authorize staff to meet with Bayport and S EH I. Adioumment 9:28 p.m. P.04/04 TOTAL P.04 . . . 1. 2. 3. 9:00 9:00 4. .9:05 5. 9:50 6. 10:15 7. 8. 9. 10:30 10. 10:45 to 11:45 11. 11:45 to 12:15 WASHINGTON COUNTY Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 COUNTY BOARD AGENDA OCTOBER 27, 1998,8:00 A.M. :'-' ',',..' ',-' . .-' ," . ;f~haritabi~:FJIldsCalJ1paigit1\ppr~Ciati()n ",C-,'" "'.', ',:: :,-,. , .. - '. _.,::: '..:: ", - i' _.' .. '~.. _::,........, .... __ . ;:......-...-.-"'....-:----,:. ':;,'::. :--': ....:.:..,"-.-:.::.:'....- -:-,""- '..---:'--, -- ,. '.jH~sfed...~ythe. Gtiri:Il.ty'BJardbfComJD.i~sione;s..... Roll Call Consent Calendar Health, Environment and Land Management Department - M. McGlothlin, Director Set Public Hearing for Amendments to the Solid Waste Management Ordinance, Section 13 Public Works Department - D. Wisniewski, Director Discuss Combining the Historic Courthouse with the Parks Section General Administration - J. Schug, County Administrator Review and Comment on Association of Minnesota Counties Legislative Platform Discussion. from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to repon to the full Board on committee activities. make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Board Workshop with Health, Environment and Land Management Discuss Results ofthe Quaternary Study Conducted by HELM & MN Geological Survey Board Workshop with Community Services Department Discuss Options for Local Delivery of Minnesota Care Eligibility *********************************************************** Date tober 26 tober 27 ctober 28 . October 28 October 29 October 29 MEETING NOTICES Committee Time Location Library Board 6:30 p.m. 1010 Heron Avenue North, Oakdale Planning Advisory Commission 7:00p.m. Washington County Government Center Mosquito Control. 9:00 a.m. 2099 University Avenue W. - St. Paul Soli<fWaste Management Coordinating Board 10:30 a.m. 2099 University Avenue W. - St. Paul Resource Recovery Project Board Workshop 8:30 a.m. 1670 Beam Avenue - Maplewood North TH 61 Comdor 5:00 p.rn. White Bear Lake City Hall Assistive listening devices are available for use in the CountY. Board Room If ~ou need assistance due to disability or lapf/uage barrier, please call 430-6000 (TOO 439-3220) EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 27, 1998 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the October 6 and 13, 1998 Board meeting minutes. Auditor- Treasurer B. Approval of abatement applications for homestead classification and value changes. C. Approval of resolution, repurchase of tax forfeited property by James Anderson, preVIOUS owner. D. Approval to order a reappraisal of some tax-forfeited parcels remaining unsold after the last public auction and withdrawing such parcels from sale until they may be offered at a future public auction. Community Services E. Approval of the following appointments to the Washington County Workforce Council for a two-year term: Jane M. Klein, Complete Sales, Inc., Oakdale; Dr. Earl E. Hall, Retired Business Manager, Woodbury; Fred Dietze, Mainsail Management, Cottage Grove; and Thomas G. Yetter, Tapemark Co., Cottage Grove. F. Approval of contract with the Children's Mental Health Collaborative to sp. Local Collaborative Time Study funds. *C~nsent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. C~Inmissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. . 1. 2. 3. 4. 9:30 5. 10:40 7. 8. 11:00 9. 11:15 to 12:45 WASHINGTON COUNTY Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 COUNTY BOARD AGENDA NOVEMBER 10, 1998,9:00 A.M: 9:00 Roll Call 9:00 Consent Calendar Public Hearing - Health, Environment and Land Management - M. McGlothlin, Director Amendments to Solid Waste Management Ordinance No. 130 General Administration - J. Schug, County Administrator A. Update on County Reorganization B. Update on the Municipal Boundary Mapping Project C. Update on Metro Area Agency on Aging Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities. make comments on matters of interest and infonnation, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Regional Rail Authority Workshop with Public Works Regional Rail Authority Issues *********************************************************** Date November 9 November 10 November 10 November 11 November 12 November 12 evember 12 MEETING NOTICES Committee Time Location North TH 61 Corridor Finance Committee Mental Health Advisory 911 Board Community Social Services Advisory Metro TAB Minnesota Extension 3:30 p.m. 1:30 p.m. 4:00 p.m. 10:30 a.m. 7:30 a.m. 12:30 p.m. 7 :00 p.m. White Bear Lake City Hall Washington County Government Center Christ Lutheran Church - Lake Elmo 2099 University Avenue W. - S1. Paul Washington County Government Center 230 E. 5th S1. - Mears Park Centre 1825 Curve Crest Blvd. - Stillwater Assistive listening devices are available for use in the County. Board Room If ~ou need assistance due to disability or la!lJ/uage bame'rPlease cB//430-6000 (TDD 439-32201 EUUAL EMPLOYMENT OPPORTUNITY I AFF RMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 10,1998 . The following items are presented for Board approval/adoption: DEP ARTMENT/AGENCY ITEM Administration Auditor-Treasurer Community Services Health, Environment and Land Management Public Works A. Approval of the October 27, 1998 Board meeting minutes. B. Approval of resolution, conveyance of tax-forfeited lands for an authorized use. C. Approval of resolution, basic sale prices, classify as non-conservation of public sale of tax-forfeited land listed on 1998 Tax Forfeited Auction list on December 18, 1998. D. Approval of abatement applications for homestead classification. E. Approval of first amendment to the Metropolitan Council W elfare-to- Work grant to implement transportation assistance to residents involved in W elfare-to- Work through December 31, 1999. F. Approval of agreement with Forest Hills United Methodist Church Car Care to provide car care service one Saturday per month beginning January 1, 1998 through December 31, 1999. Approval to set date for public hearing on the proposed Washington county. Floodplain Ordinance for Tuesday, December 8, 1998 at 9:00 a.m. and authorization to publish public hearing notice. Approval of contract with Peoples Electric Contractor for the installation of Light Emitting Diodes in traffic signals and NSP Loan Request to fund the project. G. H. I. Approval of resolution, final payment to Valley Paving, Inc. in the amount of $15,131.88 for 1997 overlay road preservation. J. Approval of agreement with the City ofW oodbury for the Valley Creek Road and Cottage Grove Drive Roadway Alignment Study. . . *Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved m one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. WASHINGTON COUNTY COUNTY BOARD AGENDA Dennis C. Hegberg District 1/Chair Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dick Stafford District 5 NOVEMBER 3, 1998, 3:15 P.M. Board Workshop with Health, Environment and Land Management Dra.ftFloodplainMa.Ilagement Ordinance 1. 4:30 Roll Call 2. Consent Calendar 3. 4:30 General Administration - J. Schug, County Administrator A. Legislative Position on the Pending Sunset of the Minnesota Municipal Board B. Status Report on Woodbury Library 5:15 Discussion from the Audience Visitors may share their concerns with the County Board oj Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious oj previous speakers and to limit your address to five minutes. 5. Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities. make comments on matters oj interest and inJormation, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 5:30 Adjourn *********************************************************** MEETING NOTICES ate I Committee Time Location November 4 November 4 Metropolitan LRT Joint Powers Board Plat Commission 8:30 a.m. 9:30 a.m Hennepin County Government Center Washington County Government Center Assistive listening devices are available for use in the County Board Room If YOU need assistance due to disability or language barrier, please call 430-6000 (TDD 439-32201 crll I ^ r C~ADI nV~H:I\IT l\PPl\RTlll\flTV I '" l=l=I\:n-.H:. TIVF ArTlnlll FMPI nVFQ WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 3, 1998 The following items are presented for Board approval/adoption: . DEP ARTMENT/AGENCY Administration Auditor-Treasurer Community Services Health, Environment and Land Management Human Resources Public Works ITEM A. Approval of the October 20, 1998 Board meeting minutes. B. Approval of resolution on the 1999-2000 Association of Minnesota Counties (AMC) Legislative Platform. C. Approval of resolution authorizing the submittal of a $500,000 grant application to the Federal Highway Administration for a Red Rock Corridor Planning Study. D. Approval of staff comments on City of Lake land draft Comprehensive Plan. E. Approval of resolution, applications for conveyance of tax-forfeited lands for an authorized public use. F. Approval to designate Debbie Kenney, Community Services Supervisor of the Intake and Assessment Unit, to sign notifications of intent to interview children on school property. G. Approval to submit a letter of interest to the Minnesota Department of Human Services stating that Washington County opts to become an enrollment site for MinnesotaCare. H. Approval of Social Services fee schedule for calendar year 1999. I. Approval of resolution supporting a grant proposal to the Department of Human Services for services to prevent fetal alcohol syndrome/fetal alcohol effects. Appr~val for the Department of Public Health and Environment to continue to provide . planning and zoning consultation services to Baytown Township on an interim basis beg~ January 1, 1999 and extending through September 30, 1999 unless earlier terminated by either party . 1. K. Approval of banding and grading of the amended/new classifications created for the County reorganization relating to Public Works Department. L. Approval to amend Policy No. 1014, related to parking facilities. Approval to enter into a Statement of Understanding with the City of Stillwater outlining the dedication of right of way and the granting of access to CSAH 15 at the Liberty on the Lake subdivision. M. N. Approval of resolution, fmal payment to Park Construction Company for the box culvert improvements on 60th Street in Afton. O. Approval of resolution, bid award for the equipment purchase of Ultrasonic Humidification Systems to StuIz of North America c/o Enlow Companies, Inc., the only bid received, in the amount of $74,854, conditioned upon the execution of a contract as approved by law; and approval of loan request to NSP for the funding of this project. P. Approval of resolution revoking and reestablishing CSAH 2 designation in the City of Forest Lake. Q. Approval of supplemental agreement No. 1 with Hardrives, Inc. on road project SAP 82-625-01, CSAH 25 between Courtly road and Lake Road in the City of Woodbury. R. Approval of resolution, issue an access permit in access controlled right of way on CSAH . Jim and Jeanette Fischer, 12360 75th Street North. *Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. . October 22, 1998 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Louise Bergeron, Jerry Hicks, David Francis and David Johnson. Also, Attorney Tom Scott, Planner Meg McMonigal, Engineer Paul Pearson and Treasurer Warren Erickson. 1. AGENDA - M/S/P Bergeron/Hicks moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Francis/Bergeron moved to approve the 10/8/98 Stillwater Town Board Meeting minutes as written. (4 ayes) Riehle Minor Subdivision - Regarding item #5 of 10/8/98 minutes, the planner verified that there were two parcels and no park dedication is needed. 3 . . TREASURER - 1. Report of monthly balances given. M/S/P Johnson/Bergeron moved the adoption of suggested 1998 budget changes in the attached document 10/22/98 A as circulated by the treasurer to the board members. (4 ayes) 2. Claims #2255 thru #2270 and checks #13584 thru #13592 were approved for payment. 4. TRANSPORTATION PLAN - STONEBRIDGE TRAIL - Ted Axt from Parsons Brinkerhof was present to field questions regarding a series of alternative plans previously presented to the board members. M/S/P Johnson/Bergeron by Parsons Brinkerhof. moved approval of the amended B approach proposal Costs not to exceed $1,946.00. (4 ayes) David Francis arrived. M/S/P Bergeron/Hicks moved approval for the chair to sign the planning agreement with Parsons Brinkerhof. (5 ayes) 5. SOCHA SITUATION - M/S/P Francis/Bergeron moved to release the check for Vic Socha for 2 years of overtime. (5 ayes) If the $2,000.00 check is not accepted by the end of .the year it will be voided. Should the $2,000.00 be accepted after 1998, then the check will be rewritten. 6. PUBLIC WOR~S - Ad went out -for equipment. No minimum bid resulted. The equipment will be offered at auction. .. PARK COMMITTEE - Meetings are finished for the year. At the last eeting there was a recap of park maintenance from Jerry Hicks and Ron Stillwater Town Board Meeting - 10/22/98 Page Two Vincent. Plans for next year are for park members to be more proactive . about securing land for parks in areas designated on a map of future park sites. 8. ARCOLA TRAIL PRESENTATION - Sandy Fundingsland and seven other residents of Arcola Trail were present to express their feelings against paving the gravel portion of Arcola Trail. A splendid slide presentation showing the unique rural character and 1 ifestyle of the area was shown. Deputy Wayne Johnson of the Washington County Sheriff's Office was present to speak about potential hazards if the road was paved. 9. WEBSITE - M/S/P Francis/Bergeron moved that David Francis draft a letter of thanks to the webmasters for their pioneering efforts and ask them to bring down the website. (4 ayes, Untiedt nay) 10. GREEN CORRIDORS COMMITTEE - David Johnson attended a meeting. There appears to be a lot of interest. Volunteer support is needed. 11. PARTING REMARKS - David Francis gave an overview of the accomplishments he has seen in local government in the last 4 years and thoughts for the future as he leaves his supervisor position. 12. ADJOURNMENT - Meeting adjourned at 10:25 p.m. .. Clerk Chairperson Approved . . . . fkv~dvv CUy ~, " ~~ fi~ r lfvv..uU ~ 10u' "(}-;L"~, {L~~ I '/-ItM ~O-Q \1M- ~ju;.~ I '/-).L #. G~ u~ fJ{)A~-v.pJ;w6 I u/u "()v1..hjJ..~ ~: I CJ,op~.07J-}u..u1~ 1 ~~~~ul rr ~ .,. . : .oj YM-- (/~ ~VJA./J-- 0-/JU i ~. J-uu. ~ ~- ~ f ... ,,"' ~?f~~' I ,A. A 'MJ/I b L/ f ~j\./'-X/ ~ I'" f: ~~ r ~~~~~ f /~lr~- ! , , f'ify:r: ARE VOL GOING FOR THE T OLCHDoWN OR THE FIELD GOAL! . 51 CROIX AREA UNITED WAY 1998 3RD CAMPAIGN REPORT When: 'Why: For Enthusiasm . En/ivenment Excitinq Door Prizes RS YP: to Laurie at 439-3838 by November 11th LETS Go FOR THE "EXTRA POINT" OF THREE OL TSTANDING REPORT SESSIONS! . NOV-06-1998 14:04 CITY OF OPH CITY OF OAK PARK HEIGHTS Clrr COUNCIL MEETh~G AGENDA TUESDAY, NOVEMBER 10, 1998 7 :00 P.M. AGENDA . 7 :00 p.m. 1. 7:05 p.m. II. 7 :20 p.m. III. 7:20 p.m. IV. P.01/02 Call to Order/Approval of Awenda Department/Council Liaison Reporll! A. Parks Commission B. Cable Commission C. Waier Management Organizations D. Recycling Award (1) E. Planning Commission 1. Lower Oak Puk Heights rezoning pennon F. Council Committee Updates V isitorlJ. This is an opportunity for the public to address the Council with questions or concerm on i:Uluea not pm of the regular a~enda. (Please limit commenb to 3 minutes in length.) Consent Age;n~ (Roll call Vote) Approve Bills & Investmellb (2) Approve City Councll Minutes - September 8, 1998 (3) Approve City Counoil Minutes - Octoher 20, 1998 (4) Approve the adoption of the 1997 State Uniform Building Code and fee. (5) Accept the resignation of Gail Lea.vii:t Bush !rom the Cable Commission (6) T emporazy workers salaries (7) Finance employee update (8) Administrator's compenBanon update (9) Authoriza.tion to pJ:oceed with quick take (10) Computer update (11) Approval for acquisition of public Warks equipment (12) Approval fOJ: acquisition of loftware and one handheld for radio read capabilities for meter_ reading (13) Approve Re~olutions 98~lO-58 and 98-10.59, a ResolutioD directing the City Administrator of the City of oak Park Heights to provide notice of hearing regcuding suspension/revocation of liquor licensee for Tuesda.y, November 24 at 7:00 p.m. (14) A. . B. C. D. E. F. G. H. 1. J. K. L. M. . NOU-06-1998 14:04 7:30 p.m. V. 8:15 p.m. VI. CITY OF OPH P.02/02 Publio Hearings A. public Hearing to discuse apPtCJVal of a development agreement for Valley Senior Services Alliance (15) B. public Hearing to discuss amending ordinance chapter 502 to implement a refute collection system beginning] anuary 1, 1999 (16) c. pubhc Hearing on assessments for Brackey West/Stillwai:er Ford Utility Improvements of 1997 and N eJ Avenue/58l'a Street Improvements of 1998 (17) (18) . New Business A. Presentation by M.nDOT regarding the uh landfill exca.vlltion 1. Memorandum of Understanding (19) (20) B. Authorize staff to receive applications for the vacant cable commission position C. Certificate of Recognition presented to the City of oak Park Heighb Police Department horn the City of Saint Peter and Nicollet County in appreciation for outstanding service and dedica.tion following the March 29, 1998 tomacIo. 8:40 p.m. VII. Old Businetls A. Award Solid Wa5te Contract B. A-I Maintenance Update (21) C. Supplemental Agreement No. S with MnDOT for Highway 5 4ud Highway 36 interllection (22) 1. Cobra v. shoebox lighting D. Approve plans and specifications and authorize going out to bids on the design of the City Hall parking lot (23) 9: 10 p.m. VIII. AdiQurmnent . . TOTAL P. 02