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HomeMy WebLinkAbout1999-07-20 CC Packet r, 1Yl~ .' .JREGULAR MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-14 Council Chambers, 216 North Fourth Street July 20, 1999 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - July 6, 1999, Regular and Recessed Meetings PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. 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 CONSENT AGENDA * _. Resolution 99-188: Directing Payment of Bills ". Contractors Licenses: Miller Excavating, Inc., Stillwater; St. Croix Tree Service, Roberts, WI; Roof Tech, , Inc. Stillwater; Kellison Co., Oakdale; RJM Construction Co., Minneapolis; Dalbec Roofing, Inc., Long Lake, MN; M&W Water and Sewer, Inc., Cedar, MN 3. Temporary on-sale liquor license - Washington County Historical Courthouse fundraiser, 11/19/99 4. Approving request of St. Croix Catholic School to hold annual marathon for non-public education, 10/2/99 5. Resolution: Approving salary, longevity and hospital/medical insurance contribution for administrative assistant 6. Approving agreement with Washington County for transfer of ownership of OPECH 3-P election equipment 7. Resolution: Approving labor agreement with Stillwater Firefighters Association PUBLIC HEARINGS 1. Project No. 9721 and 9721A. This is the day and time for the public hearing to consider Long Lake Southeast Area Water Quality Improvements associated with Curve Crest Blvd. Extension street and utility improvements and the Market Place Surface Water Management Plan. Notice of the hearing was published in the Stillwater Gazette on July 9 and 16, 1999, and notices mailed to affected property owners. Resolution: Ordering Improvement and Preparation of Plans and Specifications 2. Project No. 9912 This is the day and time for the public hearing to consider the 62nd Street Water Main Extension. Notice of the hearing was published in the Stillwater Gazette on July 9 and 16, 1999; and notices mailed to affected property owners. Resolution: Ordering Improvement and Preparation of Plans and Specifications '.C,,"'" (. , 3. Case No. V/99-24. This is the day and time for the public hearing to consider the appeal of the Planning Commission's decision from Marcia Kilbourne for a variance to the front yard setback (30 feet required, 15 feet requested) for the construction of a residence at 290 Deerpath in the RA, Single Family Residential District,. Notice of the hearing was published in the Stillwater Gazette on July 9, 1999, and notices mailed to affected property owners. 4. This is the day and time for the public hearing to consider the renewal of the solid waste collection contract with Waste Management, Inc. Notice of the hearing was published in the Stillwater Gazette on July 9, 1999. 5. Case No. PUD/99-18. This is the day and time for the public hearing to consider a request from Tim Nolde for a concept Planned Unit Development review of 26.18 acres ofland comprised of single family lots (13 lots on 9.27 acres), 86 townhome units on 11.90 acres and approximately 5.01 acres of park land, Green Twig ~ Villas Development, located west of County road 5 and east of Long Lake in the 62nd Street North Planning Area. Notice of the hearing was published in the Stillwater Gazette on July 12, 1999, and notices mailed to " -. . affected property owners. 6. Case No. SUB/99-19. This is the day and time for the public hearing to consider a request from Tim Nolde for a Preliminary Plant review resubdivision of 4 existing lots consisting of 26.18 acres into 16 lots, 13 single family lots (20,000 square feet minimum), 2 townhouse lots of 6.62 and 5.28 acres and 5.01 park located in the 62nd Street North Planning Area between CR 5 and Long Lake. Notice of the hearing was published in the Stillwater Gazette on July 12, 1999, and notices mailed to affected property owners. 7. Case No. ZAM/99-2. This is the day and time for the public hearing to consider a request from the City of Stillwater for a Zoning Map Amendment designating 14.20 acres ofland located on the east side of Long Lake in the 62nd Street North Planning Area, Lakeshore Residential, LR, (minimum lots size 20,000 square feet) from Agricultural Preservation, AP. Notice ofthe hearing was published in the Stillwater Gazette on July 12, 1999, and notices mailed to affected property owners. 8. Case No. ZAM/99-3. This is the day and time for the public hearing to consider a request from the City of Stillwater for a Zoning Map Amendment designating 11.90 acres of land located west of CR 5 at Curve Crest Blvd in the 62nd Street North Planning Area to Townhouse Residential, TR (minimum lot size 5,000 square feet per dwelling unit) from Agricultural Preservation, AP.. Notice of the hearing was published in the Stillwater Gazette on July 12, 1999, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Second reading of ordinance relating to issuing contractors licenses administratively (first reading 7/6/99) . 2. Follow-up report on downtown decorative lighting, Job No. 9821 3. Possible appointment to Charter Commission NEW BUSINESS 1. Approving plans and specifications and authorizing advertisement for bids for Long Lake Southeast Watershed Area Water Quality Improvements associated with Curve Crest Blvd. Extension street and utility improvements. (Resolution) 2. Approving plans and specifications and authorizing advertisement for bids for 62nd Street Water Main Project (Resolution) 3. No parking designation for Curve Crest Boulevard from Co. Rd. 5 to south of 62nd St. (Resolution) 4. Possible appointments to Human Rights Commission (Resolution) 5. Vacation of easement on outlot D for Legends of Stillwater (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 . If. ./ r/ / 4i; CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-13 July 6, 1999 .ULAR MEETING 4:30 P.M. The meeting was called to order by Councilmember Zoller. Present: Absent: Also present: Press: Councilmembers Bealka, Cummings and Zoller Councilmember Thole and Mayor Kimble (arrived at 4:45 p.m.) City Coordinator Kriesel City Attorney Magnuson Police ChiefDauffenbach Community Development Director Russell City Engineer Eckles Fire ChiefKallestad Building Official Zepper Administrative Assistant Kadin City Clerk Weldon Julie Kink, Courier ST AFF REPORTS City Coordinator Kriesel informed Council the City has received three bids for the demolition of the !Abuilding on the railroad property located immediately east ofthe Desch building and north of Mulberry .Street, which was acquired by the City three years ago for possible conversion to a parking lot. Council had previously directed staff to obtain bids for the removal of the building. The following bids were received: Miller Excavating, Inc, $4,250; Veit & Company, Inc., $9,067; and Stiglich Construction, Inc., $11,150. He recommended awarding the bid to the low bidder, Miller Excavating, Inc. Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 99-178 awarding the bid for the railroad building demolition on City property located east of the Desch Building and north of Mulberry Street, to Miller Excavating, Inc., in the amount of $4,250. Ayes: Nays: Absent: Councilmembers Bealka, Cummings and Zoller None Councilmember Thole and Mayor Kimble Mayor Kimble arrived at 4:45 p.m. City Engineer Eckles reported the Deer Path temporary diverter is in place, preventing left turns from Olive onto Deer Path. The project will be evaluated before the winter season to determine if the traffic routing change should become permanent. City Engineer Eckles also informed Council that the Liberty, Legends, and Creekside Crossing developments are all under way, as well as the 1999 street improvement project. .MaYOr Kimble asked Community Development Director Russell when tbe Water Street parking lot would be completed. Mr. Russell stated it should be done at approximately the same time as the Mulberry lot, with a target date of July 16. ~ City Council Meeting 99-13 July 6, 1999 ,. Councilmember Cummings requested Mr. Eckles investigate improving electrical power supplies for large.~ audio systems in Lowell Park Mr. Russell also presented a request from Integrated Marketing Services of New York requesting approval to hold the Sports Illustrated for Kids Roadtrip Tour at the Cub Foods parking lot at 1801 Market Drive on Thursday, July 22, 1999, from 10 a.m. to 6 p.m. It is a promotional event celebrating the lOth birthday of the magazine. Motion by Councilmember Cummings, seconded by Councilmember Zoller approving the request from Integrated Marketing Services to hold the Sports Illustrated for Kids Roadtrip Tour at the Cub Foods parking lot at 1801 Market Drive on July 22, 1999, from 10 a.m. to 6 p.m. All in favor. City Attorney Magnuson reported he had conferred with Tom Scott, representing Stillwater Township, regarding the appointment of a neutral party to conduct the mediation and potential arbitration related to the Joint Board deadlock on the amendment to the comprehensive plan and zoning amendment for the Bergmann property annexation. The Orderly Annexation Agreement provides the Joint Board Members shall designate a qualified neutral to conduct mediation and potential arbitration. They recommended Timothy Kuntz, of LeVander, Gillen, & Miller, P.A. Motion by Councilmember Zoller, seconded by Councilmember Bealka, approving the appointment of Timothy Kuntz as the neutral party to conduct mediation relating to the Bergmann property annexation and zoning amendment, pursuant to the Orderly Annexation Agreement. All in favor. City Attorney Magnuson reported he has met several times with Bob Briggs, lawyer for Dick Anderson, and conferred with Police Chief Dauffenbach in an effort to settle the outstanding appeal brought of the Administrative Hearing Officer's decision issued May 11, 1999, on Cat Ballou's liquor violations. On May 14, 1999, a Notice of Appeal was served upon the City requesting a hearing before the Council pursuant to Chapter 43 of the City Code. . A compromised decision was reached, and he presented a proposed stipulation for Council consideration and an amended resolution slightly changing the penalty schedule for violations. The process is new, and in this case, the time of its adoption interfered with the application of some of the penalties. There are both constitutional and fairness issues regarding a penalty that is adopted after an alleged offense has been committed. In addition, the previous resolution did not contain a timeframe for cumulative penalties. The proposed change would make the cumulative penalties accrue over a five-year period. In addition, the cumulative progressive penalties should go from 3 to 6 to 9 days, rather than 3 to 6 to 18 with the fourth offense being revocation. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving stipulation regarding St. Croix Boat and Packet Co., dba Cat Ballou Restaurant, modifying the Order of Deborah V. Kraus to find the Defendant has committed one violation of Ordinance 403 for the purposes of any future violations as described in Resolution 98-309, and agreeing to amend Resolution 98-309 by limiting cumulative record to those offenses occurring within any five-year period and changing presumptive penalties from 18 days to 9 days for violations for Type 3, ,4, 5, 6, 8, and 9 offenses. All in favor. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 99-179 amendine Resolution No. 98-309, establishing the fine schedule and penalties for alcohol and tobacco compliance violations. All in favor. . 2 -. City Council Meeting 99-13 July 6, 1999 .s: s: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole Fire Chief Kallestad reported the ladder truck is currently out of service for repair of a twist in the ladder. It is not yet known if it is repairable. He will provide information as it becomes available. Mayor Kimble commended the Fire Department dive team for a job well done the past weekend. They were involved in the diving efforts following a boating accident on the S1. Croix. He requested Chief Kallestad pass on the commendation to the divers. City Coordinator Kriesel presented a memo from Finance Director Deblon which reported Washington County has notified the City that the assessor has approved the applications for abatement of Payable 1999 taxes for two Cottages parcels owned by Orleans Homes. These parcels are the Cottages rental housing units. To object to the reduction, the City must respond within 20 days. The City originally sold $1,200,000 TIF bonds to support this project and $590,000 are still outstanding. The proposed changes will create a shortfall of $72,000 for the payable year 1999, plus future year's debt service. Due to legislative changes in class rates, the Cottages does qualify for the 1 % rate for class 4( d) properties effective for Payable 2000 real estate taxes. The City has the right to deny abatement applications and proceed with this process for payable 1999 taxes. She recommended Council formally deny the applications for abatement because of the hardship this would create for the City and the i.outstanding Tax Increment Bonds. She also requested direction to pursue collection of deficient Tax Increment from the property owners pursuant to the development agreement, if necessary. Motion by Councilmember Cummings, seconded by Councilmember Bealka denying the applications of Orleans Homes (Cottages) for abatement of Payable 1999 taxes and authorizing the collection of deficient Tax Increment from the property owners. All in favor. Councilmember Zoller questioned the status of the the remodeling of 124 N. Main Street. Mr. Kriesel explained the Melton's were given a stay of condemnation until July 1, 1999. A memo was submitted by Building Official Zepper stating the preliminary plans were submitted by Mr. Melton on June 24th. Mr. Melton wanted to obtain proper permits at this time; however, minor changes to the plans were required to meet codes. The demolition of the interior is being done at this time. Mr. Kriesel will send a letter to the Melton's reminding them of the need to progress. WORKSHOPS 1. Minnesota Transportation Museum - Engine 328 Lease. City Coordinator Kriesel reported the current lease agreement with the Minnesota Transportation Museum runs from 1976 and expires in 2006. MTM is requesting a 25-year extension for a term to expire 2031. Chuck Armstrong, Managing Director ofMTM, stated they have been meeting with the City Coordinator, . City Attorney, and the Mayor, but still need to work on Section 8 of the agreement, relating to the option of the City to have the locomotive returned to the City for operation on a permanent basis. He requested this issue be tabled until September to allow for further discussion. 3 City Council Meeting 99-13 July 6, 1999 W" Motion by Councilmember Zoller, seconded by Counclmember Bealka tabling until September, 1999, the . discussion of amending and extending the lease with the Minnesota Transportation Museum for Engine 328. All in favor. 2. Waste Management Inc. - extension of solid waste collection contract Mr. Kriesel reported he and Administrative Assistant Kadin have met with Ron Gersdorf, Municipal Marketing Manager for Waste Management, to discuss provisions for the extension of the contract and associated solid waste services. He presented proposed rates prepared by Mr. Gersdorf for both comprehensive pickup service (includes extra waste, i.e., sofas, sinks, toilets, tires, batteries, waste oil, doors, and other typical household items in addition to regular garbage) and limited comprehensive pickup (pickup of tires, batteries and drain oil, in addition to regular garbage). As comparisons, Mr. Kriesel also presented a rate proposal from BFI and the current contract prices between Oak Park Heights and Superior Services. The Superior Services contract is slightly lower; the contract is for comprehensive pickup, with Oak Park Heights doing the billing. He reminded Council a public hearing has been set for 7 p.m. July 20th on the contract extension and rate Issue. City Attorney Magnuson stated the contract wording favors Waste Management in that it allows for two 3- year renewals. Denial of renewal would be based on failure of performance. Mr. Kriesel suggested rates should be considered a measure of performance. Mr. Magnuson also reported the contract states the City has six months to respond to the request for extension, which was received in mid-January. .1 Motion by Councilmember Cummings, seconded by Councilmember Bealka directing staff to further negotiate a rate schedule for possible renewal of the solid waste collection contract with Waste Management, Inc. All in favor. Recessed at 5:58 p.m. RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present were Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Also present: City Coordinator Kriesel City Attorney Magnuson Police ChiefDauffenbach Community Development Director Russell City Engineer Eckles Fire ChiefKallestad Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier Mark Brouwer, Gazette . 4 \ City Ceuncil Meeting 99-13 July 6, 1999 ROV AL OF MINUTES etien by Ceuncilmember Thele, secended by Ceuncilmember Zeller to. approve the Minutes efthe June 15, 1999 Regular Meeting. All in faver. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Amanda Dressler- Request to. place septic system drainfie1d fer 2310 Beem Read en city preperty. Building Official Zepper reperted a request has been made by Amanda Dressler to. place a septic trench sysem in the city land directly behind the preperty at 2310 Boem Read. The current system is tagged as a health hazard. Due to. the lecatien efthe wells en this and neighbering properties, the hemes en beth sides have been allewed to. place septic system drainfields en City preperty. This has been necessary to. meet the required separatien required by state regulatiens. Metien by Ceuncilmember Thele, secended by Ceuncilmember Zeller appreving the placement ef a septic system drainfield fer 2310 Beom Read en city property directly behind 2310 Beem Read. All in faver. 2. Jee Arndt - placement efretaining wall and garden en censervatien easements. Jee Arndt, 3383 Pieneer Place, presented a request to. relecate a censervancy easement en his preperty lecated en Let 7 Bleck 4, Liberty en the Lake, in erder to. censtruct a retaining wall. He suggested pessib1y .exchanging land en each end by meving the diagenalline approximately 12 feet to. the west en the nerth let and 12 feet to. the east en the seuth line. Cemmunity Develepment Directer Russell explained that epen space easements are determined by a building envelepe ef lets. The lecatien ef the easement is knewn at the time ef purchase, and it is the expectatien ef the City that these net be adjusted. He prefers the precess be in place and net relecate each easement as preperty is develeped. Hewever, this is a practical minimum adjustment. Staff was directed to. negetiate censideratien ef additienal epen space in return fer the relecatien ef the easement. Metien by Ceuncilmember Thele, secended by Ceuncilmember Bealka to. adept Resolution 99-180 vacating a pertien efthe censervancy easement en Let 7, Bleck 4, Liberty en the Lake, and dedicating a new censervancy easement at that lecatien, subject to. the Department efNatural Reseurces approval. Ayes: Ceuncilmembers Bealka, Cummings, Thele, Zeller and Mayer Kimble Nays: Nene OPEN FORUM . A resident at 113 Brick Street, expressed his cencerns with the temperary diversien eftraffic frem Deer Path ente Brick Street. He estimated an additienal 850 cars were travelling en his street and deubling the traffic. It is especially heavy during dinnertime. He felt it devalued his preperty. Deer Path residents knew the traffic levels when they purchased their property and accepted them. The ewners en Brick Street accepted the previeus traffic pattern, net the current heavier flew. Ceuncilmember Thele stated this is a temperary study. Ifit averages eut the traffic between the two. streets witheut severe impact, it is best to. try to. alleviate serieus traffic preblems. 5 City Council Meeting 99-13 July 6, 1999 t Alden Nelson, 111 S. Brick, also expressed concerns with the increased traffic. He stated he counted . 767 vehicles in five hours on the first two days, all starting and stopping in front of his property. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka approving the Consent Agenda. All in favor. 1. Resolution 99-168: Directing Payment of Bills 2. Contractors Licenses: George W. Olsen Construction, Stillwater; Paragon Pools, Willernie, MN 3. Approving attendance of Building Official and Building Inspector at Annual Conference of Building Officials, Sept. 13-17, 1999 4. Hang banner at Olive and Main, 8/27-9/12, for St. Mary's Church Wild Rice Festival 5. Resolution 99-169: Approving fire protection contracts with the City of Grant and Townships of May and Stillwater 6. Resolution 99-170: Employment of Sara Rugloski as part-time, on-call firefighter 7. Resolution 99-171: Permanent employment of Chris Zeuli as full-time firefighter/engineer 8. Purchase of play equipment for Meadowlark Park 9. Resolution 99-172: Agreement with Bailey Construction for installation of four picnic area shelters - Lily Lake (1); Northland Park (1), and Meadowlark Park (2) 10. Resolution 99-173: Accepting work and ordering final payment -Lake Drive Storm Sewer Extension (Project 9734) . 11. Resolution 99-174: Employment of Jeff Dionisopolis as labor/maintenance worker - Pub lie W orks/Parks 12. Resolution 99-175: Promotion of Todd Bjorkman to sergeant - Police Dept 13. Approving sale of 1996 Chevrolet Caprice squad car to St. Cloud State University 14. Approving adjustments to sewer charges 15. Approving release of capital funds - Stillwater Public Library 1999 Capital budget, Part 2 16. Purchase of sewer equipment from United Rentals 17. Resolution 99-176: Authorizing entering into Grant Agreement with MN Dept. of Public Safety, for Safe and Sober Communities project. 18. Resolution 99-177: Seasonal employment of Stephen Model as labor maintenance worker PUBLIC HEARINGS 1. Job No. 9821. This is the day and time for the public hearing to consider the making of downtown decorative lighting improvements, pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for the improvements are abutting properties describes as follows: along Main Street from 200 feet south of Nelson Street to Mulberry Street, and along Chestnut Street between main Street and the St. Croix River. The estimated cost ofthe improvement is $215,800. Notice ofthe hearing was published in the Stillwater Gazette on June 18 and 25,1999, and mailed to affected property owners. City Engineer Eckles reported the downtown decorative lighting was part of the original plan for the downtown improvement project. However, it was not implemented at that time because the cost was controversial. At the direction of Council, a feasibility study on downtown decorative street lights was prepared and received by Council at the June 1, 1999, Council meeting. . Sixty-eight notices were sent out to property owners in the project area. The project runs on Main Street from Vittorios north to Mulberry Street. The property owners would not be charged for maintenance. 6 '. City Council Meeting 99-13 July 6, 1999 .taff received three telephone calls from storeowners concerned with the cost, plus letters of opposition from Alan Rose and Dr. Gabi Sabongi, Brittannia Holdings, Inc. Letters of support were received from Loann Stokes, Stokes Jewelry, and Kara Johnson, representing the City of Stillwater Chamber of Commerce. A communication was also received from Ottertail Energy Services asking that Ottertail be an alternative to NSP. John Werdish and Charlie Stoltz, Northern States Power (NSP), were available to answer questions. Mr. Stoltz stated the outdoor lighting could be installed at the location of existing lighting. He asked if the audience had any questions. Linda Hinz, John's Bar, stated she was on the original downtown project committee to study the lights. She and Mike McGuire went to other cities with decorative lighting, but they had felt ours would not have the same effect because of the narrow streets and high buildings. In addition, the cost was too high. Business owners voted it down at that time. She stated more lights were needed in the parking lots. Decorative lights on the streets would just clutter them up. . The Mayor explained the process for questions must be done in the public hearing format. The Mayor opened the public hearing. .Tim Stefan, property owner of the Maple Island site, requested photometric information. City Engineer Eckles explained the overhead lighting will provide the actual lighting; the decorative lights are for decoration and glow, not to make the street safer or brighter. Mr. Stefan also asked if they would be able to buy light fixtures on their own for Water Street. He felt design is critical to prevent the decorative lights from being washed out. The project will benefit the downtown and improve the value of his property. Jeff Johnson, Heritage Preservation Commission, stated he was also on the original committee. He stated the current project was not extensive enough to bring the entire downtown together. He suggested bringing it further north, up Chestnut and Second, in order to avoid a lineal downtown. James Laskin, J.P. Laskin Co., offered support for the project, stating it is a cost of doing business and a benefit to the town. Sandy Hudson, Stillwater Grill, expressed opposition. She is opposed to the assessment; it should not be borne only by property owners. She stated public restrooms should come before lights. The Mayor closed the public hearing. Mayor Kimble asked James Laskin if the letter of support from the City of Stillwater Chamber of Commerce was by vote of the members. Mr. Laskin stated it was a unanimous vote of the approximately 25 . members in attendance. Not all were building owners. The assessment amount was known at the time of the vote. Councilmember Thole stated the lights are not a basic need. He approved of amenities if they are agreed upon by the majority affected. 7 City Council Meeting 99-13 July 6, 1999 Councilmember Zoller questioned why the project was only on Main Street. City Engineer Eckles and . Community Development Director Russell explained it was to limit the size and scope ofthe project and make it financially feasible. The initial proposal with the downtown project was rejected. It was determined Main Street owners would most likely to be in favor of the project. Once installed, others might want to have it extended to their areas. It appears the majority are in favor of the current project. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-181 ordering the improvement for downtown decorative lighting, Project 9821. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Mayor Kimble opened discussion on the request from Ottertail Power to be considered as an alternative. He questioned if there would be merit in looking at other proposals. City Engineer Eckles stated there is always merit in looking at other proposals. However, time is of the essence if the project is to be done this year. City Attorney Magnuson asked ifthe intention was to have NSP do the specifications or do the project as a personal service contract. City Engineer Eckles responded it is envisioned as a personal service contract, with NSP involved in the ownership and maintenance. Mr. Magnuson stated it would then not be necessary to publically bid if the contract is negotiated and involves NSP ownership and maintenance. . It was determined the improvement should be ordered, but NSP should not be listed as engineer for the project. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staffto return with recommendations on alternative proposals for installation of decorative lighting in downtown area. All in favor. Recessed at 8:30 p.m. and Reconvened at 8:55 p.m. UNFINISHED BUSINESS 1. Review of proposal by Bailey Construction to repair steps at Triangle Park and Warden's House Museum. City Engineer Eckles reported Council approved the repair project of the Triangle Park steps and a portion ofthe steps near the Warden's House Museum in 1998. The bid was awarded to Curb Masters, but they were unable to complete the work. A quote has been received from Bailey Construction to complete both projects for a cost of$13,500. This item was not budgeted for in 1998 nor in 1999. However, funds could be used from Contractor Services which are usually used for snow removal, which may have an excess this year because there was very little snow to be hauled. He recommended the steps be repaired or closed. If the pedestrian ways are to be kept open, Council should charge the Street Department budget, under Contractor Services, for the services of Bailey Construction. . Council concurred with the recommendation. 8 , City Council Meeting 99-13 July 6, 1999 .ion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 99-182 pting the quotation from Bailey Construction, Inc., for step improvements at Triangle Park and Warden's House Museum. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Consideration of appointment to Charter Commission. City Coordinator Kriesel presented information from the City Attorney related to the appointment of a member to the Charter Commission to fill a vacancy created by the resignation of Tim Old on May 15, 1999. The Chief Judge did not make the appointment within the time frame specified in the Charter nor has he asked for additional time to make the appointment. Therefore, Council now has the authority to make that appointment. The City has advertised the vacancy; an appointment can be made at any time. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to advertise to fill a vacancy on the Charter Commission. All in favor. 3. Recommendation to extend moratorium on granting of building permits on North Hill. City Engineer Eckles explained that, due to the heavy workload associated with the annexation area and .numerous projects throughout the City, staffhas been unable to complete the complex task of preparing a feasibility report for the North HilL A one-year moratorium on new construction was ordered while the study was being completed. However, it will not be able to complete the study before the end of the moratorium. Options include extending the moratorium, placing permanent restrictions on development, hiring a consulting firm to complete the study, or allowing the moratorium to lapse and allow development with relatively no restrictions. City Attorney Magnuson stated the moratorium could be extended up to an additional eighteen months. This is justified because the study, a part of the area comprehensive plan, is in progress. Motion by Councilmember Bealka, seconded by Councilmember Cummings directing the City Attorney to begin the process for extending the moratorium on granting of building permits on the North Hill. All in favor. 4. Possible second reading of Ordinance 877, amending Chapter 25, Human Rights Commission, by changing the required number of members ofthe Human Rights Commission. (first reading 6/16/99) Motion by Councilmember Thole, seconded by Councilmember Cummings to have a second reading of Ordinance No. 877, amending Chapter 25, Human Rights Commission, by amending the membership number to seven and removing requirement for student membership. All in favor. 5. Myrtlewood backyard drainage. .City Engineer Eckles reported the backyard drainage problem at 113 Myrtlewood Court has been ongoing since the spring of 1997. At that time the owner had requested the refund of their $1500 grading escrow upon completion of the new home construction. Staff visited the site and noticed water pooling in the backyard and along adjacent lots. Runoffwas slowly draining into an existing storm pipe along the back property line, which outlets to the drainage ditch on Myrtle Street. The issue has been unresolved and the escrow has been held by the City. 9 City Council Meeting 99-13 July 6, 1999 , The City, the developer, and owner Dick Huelsmann met this spring to resolve the matter. A field survey. shows minimal elevation change in the backyard leading to the storm pipe causing poor drainage. There is also a substantial size tree that contributes to a poor drainage path. Bids have been submitted by C.W. Houle and Fuhr Trenching to perform the work for a staff design for a new storm pipe to correct the drainage problem. Fuhr Trenching submitted the low bid of$10,110. Mr. Huelsmann has agreed to pay $3900 of the project costs and the City would pay $6200 from the Storm Utility Fund. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 99-183 accepting bid from Fuhr Trenching in the amount of $1 0, 11 0, to correct drainage problem at 113 Myrtlewood Court. Ayes: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Nays: Councillmember Cummings NEW BUSINESS 1. Planning Commission recommendation regarding possible rezoning of 13093 McKusick Road. Community Development Director Russell reported Council had directed the Planning Commission to investigate the possible rezoning of this site to a zone that allows auto repair garages. The Comprehensive Plan designates the area Townhouse Residential. The Commission determined rezoning could result in more intensive commercial use of the site. The existing RA residential designation allows the existing "grandfathered use" and requires Commission review of any expansion. The Planning Commission determined the residential designation was the appropriate designation. . Council received the Planning Commission recommendation and determined no action was necessary. 2. Planning Commission recommendation regarding change in real estate sign regulations. Community Development Director Russell stated Council had referred the request by local realtors for amendment of the sign ordinance for real estate signs to the Planning Commission for review and recommendation. Members of the real estate community were present at the Planning Commission meeting of June 14, 1999. After considering the issues and various amendment alternatives, the Planning Commission and the real estate sign interests decided the current ordinance was not in need of amendment. No action was taken by Council. 3. Consideration of future of Cayuga. As directed by Council, Community Development Director Russell presented a report on options for the future of the Cayuga. Since the donation of the boat to the City, it has been boarded up. It is an on-going security and maintenance responsibility. Alternatives include the following: 1) sell the boat or give it away, or 2) retain for use as an interpretive center as shown in the Aiple property park plan. If retained, the boat needs to be repaired and restored. Estimates for repair range from $25,000 to $50,000. Inquiries been received by the City. One is interested in purchasing the boat, one offered his services to . auction the boat off, and one has offered his services to take it over and repair it during the next three to fi years in order to moor a boat off the Aiple Property. Max Todo Marine Services, Inc., submitted a proposal to repair the boat in exchange for permission to make the Cayuga a home base of Max Todo day-to-day business operations. 10 City Council Meeting 99-13 July 6, 1999 .ion by Councilmember Thole, seconded by Councilmember Bealka to advertise and accept bids for the sale of the Cayuga. Motion withdrawn. Audrey Guild, Max Todo Marine Services, Inc., explained their proposal. She stated it would be approximately 5 years to make it ready for public use. Councilmember Zoller stated he felt it was best to sell the Cayuga at this time. Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to negotiate with Max Todo Marine Services, Inc., regarding Max Todo's proposal for repair and use of the Cayuga, and return to Council. Ayes: Councilmembers Bealka, Cummings, Thole and Mayor Kimble Nays: Councilmember Zoll~r 4. Possible appointment to Board of Water Commissioners. The term of Gary Funke expired on June 30, 1999. He has requested reappointment; the Water Board has also recommended his reappointment. An application was also received from Chris Catlin. .ion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-184 .pointing Gary Funke to the Board of Water Commissioners for a term to expire June 30, 2002. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. Approval of Laws 1999, Chapter 202 (HF 1079) allowing the issuance of two additional liquor licenses in addition to the number authorized by law. City Attorney Magnuson informed Council that in order for this special legislation to become effective, Council is required to pass a resolution certifying approval ofthe special law. This must then be submitted to the Secretary of State. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-185 approving Laws 1999, Chapter 202 (HF 1079) allowing the issuance of two additional liquor licenses in addition to the number authorized by law. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 6. Amending Resolution 92-249, Establishing Downtown Parking Commission, by removing residency requirement for voting members. . Community Development Director Russell reported the Resolution establishing the Downtown Parking Commission requires all voting members to be residents of the City. Many downtown business owners are not residents of the City and are therefore ineligible to serve of the Commission. Commission decisions directly affect downtown businesses. He requested Council amend Resolution 92-249 to allow non-resident downtown business owners to serve on the Downtown Parking Commission. 11 City Council Meeting 99-13 July 6, 1999 Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-186 amending Resolution 92-249, Establishing Downtown Parking Commission, by removing residency requirement for voting members. . Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 7. Possible appointment to Downtown Parking Commission. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99.;.187 appointing Kara Johnson and Cindy Gellerman to Downtown Parking Commission for terms to expire January 1,2000. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Thole to adjourn. at 9:35 p.m. All in favor. Mayor . Attest: City Clerk . 12 t City Council Meeting 99-13 July 6, 1999 tlSolution 99-168: Directing Payment of Bills solution 99-169: Approving fire protection contracts with the City of Grant and Townships of May and tillwater Resolution 99-170: Employment of Sara Rugloski as part-time, on-call firefighter Resolution 99-171: Permanent employment of Chris Zeuli as full-time firefighter/engineer Resolution 99-172: Agreement with Bailey Construction for installation of four picnic area shelters - Lily Lake (1); Northland Park (1), and Meadowlark Park (2) Resolution 99-173: Accepting work and ordering final payment -Lake Drive Storm Sewer Extension (project 9734) Resolution 99-174: Employment of Jeff Dionisopolis as labor/maintenance worker - Public WorkslParks Resolution 99-175: Promotion of Todd Bjorkman to sergeant - Police Dept Resolution 99-176: Authorizing entering into Grant Agreement with MN Dept. of Public Safety, for Safe and Sober Communities project. Resolution 99-177: Seasonal employment of Stephen Model as labor maintenance worker Resolution 99-178: awarding the bid for the railroad building demolition on City property located east of the Desch Building and north of Mulberry Street, to Miller Excavating, Inc., in the amount of $4,250. Resolution 99-179: amending Resolution No. 98-309, establishing the fine schedule and penalties for alcohol and tobacco compliance violations. Resolution 99-180: vacating a portion of the conservancy easement on Lot 7, Block 4, Liberty on the Lake, and dedicating a new conservancy easement at that location, subject to the Department of Natural Resources approval. t1jSolution 99-181: ordering the improvement for downtown decorative lighting, Project 9821. solution 99-182: accepting the quotation from Bailey Construction, Inc., for step improvements at Triangle k and Warden's House Museum. . Resolution 99-183: accepting bid from Fuhr Trenching in the amount of$10,110, to correct drainage problem Resolution 99-184: reappointing Gary Funke to the Board of Water Commissioners for a term to expire June 30, 2002. Resolution 99-185: approving Laws 1999, Chapter 202 (HF 1079) allowing the issuance of two additional liquor licenses in addition to the number authorized by law. Resolution 99-186: amending Resolution 92-249, Establishing Downtown Parking Commission, by removing residency requirement for voting members. Resolution 99-187: appointing Kara Johnson and Cindy Gellerman to Downtown Parking Commission for terms to expire January 1,2000. Ordinance 877: amending Chapter 25, Human Rights Commission, by changing the required number of members of the Human Rights Commission. . 13 .' . . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, Planner ~ Date: July 15, 1999 Subject: Satellite restrooms for Downtown I have been directed to ask Council to approve renting three satellite restrooms for the Downtown area for the remainder of the summer, probably August and September. The only public restrooms Downtown are the ones at Lowell Park. According to Tim Thomsen, rental of three satellites plus cleaning twice a week would be about $250 per month. So for two months it would be approximately $500. . Memo DATE: July 20, 1999 TO: Mayor and Ci!y Council ChantellKa~ Administrative AssistantlPersonnel Coordinator FROM: RE: Request to Add Item to Consent Agenda I respectfully request to add a Resolution to the Consent Agenda. The Resolution is an amendment to Resolution 99-141, Approving Employment of Stephen Hansen as Patrol Officer. . . RESOLUTION 99- RESOLUTION AMENDING RESOLUTION 99-141 APPROVING EMPLOYMENT OF STEPHEN HANSEN AS PATROL OFFICER WHEREAS, Resolution 99-141 stated Stephen Hansen would receive a step increase after 12 months, and WHEREAS, it has been determined a step increase shall be received after 6 months, as stated in the contract, NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the employment of Stephen Hansen as Patrol Officer, from and after July 1, 1999 for a probationary period of one year, is hereby approved; and that as compensation for services, the said Stephen Hansen shall receive a salary starting at the 6 month step. All other benefits will be in accordance with the agreement between the City of Stillwater and the Minnesota Teamsters Public and Law Enforcement Employee's Union, Local 320. Adopted by the Council this 20th day of July, 1999. Jay Kimble, Mayor ATTEST: Morlie Weldon, City Clerk . . . ~ . . . RESOLUTION NO. 99-188 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 $246,205.37 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit II A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 20th day of July, 1999. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-188 Ace Hardware Action Rental Advance Corporation Air Touch Cellular Allen, Brad Amoco Sprint Ancom Technical AT and T Bealka, Gene Bells Trucking Berkley Risk Services Board of Water Commissions Bonestroo Rosene Anderlic & Assc Boyer Trucks Braun Pump Bryan Rock Buberyl Recycling Carlson Tractor & Equipment Car Quest Cates Construction Chemsearch Construction Bulletin Cougar Sports Courier Cummings, Rich CW Houle Cys Uniforms DJ Municipal Supply Co Drummond American Corp Ecolab Pest Services Eddies Landscaping Edward Don Co Finley Bros Inc. Freds Tire G&K Services Goodwill fEaster Seals Gordon Iron & Metal Hance, Ron Hennipen Technical College Honeywell Inc. Imagineering Computer Consultants Insight International Conference of Building Off IPMBA Police Cyclist Course Supplies- St Croix ReclParks Dept Benchs/pallets- Parks Dept Signs- St Croix Rec Center Cell phones Meals-DRE recertification Gasoline Portable radio Telephone LMC Conference Black dirt Insurance claim-Fire Dept 2nd qtr 99 WAC Lily LklCurve Crest/62nd St services Truck parts Pump repair-Aiple Rock/screen cleaner Brush/yard waste Seal assembly Equipment parts Grading escrow refund Plant grow/resv starter Ads-Cat loader/Jetter Vacto Skating supplies Employment ads/publication LMC Conference Skating supplies Uniforms-Police Dept Gloves/vests/barricades Weed killer Pest control Service replacing storm basin Cleaning supplies/tissue/cups Basketball Ct-Meadow Lark Park Tire repair Uniforms/rugs/towels/mops ADC June 99 Water tank repair Calculator repair Haz-mat Technician -Kallestad Quarterly security-Old Prison Site System consulting Laser Jet 2100TN Annual Conference-Zepper/Shilts Bike instruction-Geving II . 852.31 68.16 171.47 42.34 17.09 3,984.94 99.93 77.61 73.80 288.00 450.39 25,665.75 47,343.43 276.14 1,427.00 110.03 46.00 9.99 334.38 1,500.00 843.45 152.00 622.71 55.60 90.90 338.20 403.21 394.14 657.55 227.92 76.95 59.41 14,200.00 76.73 3,372.87 343.00 72.42 30.00 204.99 389.79 720.50 964.49 700.00 168.00 . . .Jay Bros. Inc. Kath Companies King Luminaire Labor Relations Assc Magnuson Law Firm Maple Island Hardware Menards Met Council Environmental Services MINN Comm Mogrens Sod Farm MTI Distributing Norwest Bank On Site Sanitation Parker, Scott PC Solutions Inc. Personnel Decisions Polfus Implement Inc. Pro Staff Reichow, David Rotti, Sara Saint Croix Car Wash Saint Croix Events Saint Croix Office Supplies . Saint Croix Tree Service SECOM Solberg, Ron Sony Service Center Stillwater Gazette Stillwater Lions Club Stillwater Sunrise Rotary Club Stillwater Towing Striechers T A Schifsky & Sons Taylor, Carlos Tousley Ford Wal Mart Washington County Public Works Washington County Recorder Waste Management Yocum Oil Co Zee Medical ADDENDUM TO BILLS Coverall of the Twin Cities Inc . Holman, Rose Insight Direct Inc. Jay Bros Inc. ._ __. __~.____ _____.__...._._..._._ _.__.. ____~._.~_.--_n----_..--n--.--~.-.--.--- _.___ . Pump Cayuga Partslbackhoe Globes-Pioneer Park Fire Dept-bargaining Legal services Supplies- FirelPolice/Streets/Sewer Supplies-Parks Dept Sewer- August 99 Pagers-Police Dept Sod-Parks Dept Gaskets Toro mower Paying agent fees Portable restrooms Boots-Parker-Police Dept Computer maint Exam-Sgt promotion Replace pump for sprayer Accounting clerk Food/drinks Drive Rescue Park deposit refund Car washes June-Police Dept Fireworks contribution Office supplies/shipping Tree removal Captain squad car equipment Park deposit refund Transcriber repair parts Employment ads/publication Quarterly dues Quarterly dues Towing-StreeUPolice Departments Bike patrol uniforms AsphalUtack Park deposit refund Truck parts Supplies-Street DepUPolice Dept Traffic services Publications Garbage service-St Croix Rec Fuel Medical supplies 2,814.00 48.71 520.00 1,638.00 2,503.33 161.87 52.80 83,724.15 29.24 116.50 26.02 1,587.50 607.80 96.95 281.50 250.00 725.00 1,591.20 21.12 35.00 89.40 5,000.00 393.23 734.85 3,068.35 150.00 48.94 536.70 78.00 120.00 223.67 213.94 1,394.56 35.00 82.24 175.95 153.48 66.00 89.43 111 .94 29.00 July cleaning service Mileage/Parking Mun Clerks Conf Postage on returned card Install railings-Frank E Barge 2,369.63 91.90 6.99 10,160.00 - _.__._-,_.._~-~-,-_._---_..,~---,:,,_. ----- - --- -".---.----"-.-__-:0"'.-"'--.'.:-. . - - . MN City Management Assoc Northern States Power US West Adopted by the City Council this 20th day of July, 1999 Annual membership-Kriesel Electricity Telephone TOTAL 77.00 14,928.60 942.29 . 246.205.37 . . -, - ---.. --~- ------- -~-- ~----------------~-- ---- --~~ ..- ---- - Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TElVIPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAivfE OF ORGANIZATION Wash. Co. Historic Courthouse STREET ADDRESS 101 West Pine street NAME OF PERSON MAKING APPUCATION Gudrun N DATES UQUOR Wll.L BE SOLD TAX EXEMPT NUMBER See att h STATE ZIP CODE ~ HOME PHONE (651) 351-7804 Location where license will be used. If an outdoor area, describe Washinqton County Historic Courthouse - inside of buildinq~ from 6:30pm to 9:00pm for a Fundraising Benefit. Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Gbampagne will be purchased from Sutlers Wine & Spirits. Honorary volunteers, members of thp W"c:h fn H;c:tnr;r- rn"rthn"~p Vnlllnteun' Association will serve the beveraqes. Will the applicant carry liquor liability insurance? If so, the carrier's .name and ll!l1ount of coverage. (NOTE: Insurance is not mandatory.) Washi ngton County wlll pravl de coverage APPROVAL APPliCATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GA..\mLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT UCENSE DATES DATE FEE PAID NATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the lio:DSe. Submit to the city or County at least 30 days before the event. PS-09079 (6/98) . . . St. Croix Cathoiic School 621 So. 3'" Street Stillwater, MN 55082 June 23. 1999 Stiilwater City Counc:l Attn: Morli Weldon: City Clerk Dear Marti: .,-.\ L .-,- - -- - '=::( "" 'I ~.. ' ,', ,/ ,:- .'-,', :J J b \\:t' '=:' 1 '.~I :E.1d J U L U 9 1999 -------- j This memo is to inform you that we plan to hold our annual Marathon for Non-Public Education again this year. I'd like to share some of the history of the marathon with you so you can see what an important event this is for our 5d1001 and hew appreciated your support is. This marathon originated in 1973. Tne intent is to provide a way fer those who believe in the value and worth of a nonpubiic education to publidy demonstrate their support and raise funds for the nonpublic education program of their choice. This is one cf the most unique events of its kind in the country because every dollar raised goes directly to the non public school and the activity of its choice. At St Croix Catholic Schoel the Marathon is an annual event that d1ildren and staff alike leak forward to and work hard to make successful. The walk date is Saturday, October 2, 1959 from 12:00 noon to 2:00 p.m. We will request that everyone gather in time for a 12:30 start The route we plan to take is the same as last year (see attad1ed map), and should take only 45 minutes to an hour. We would like to request a police escort for our Marathon this year. We will not need to close any roads or use any barricades. We will rely on the police escort and the adults in the group to help at the major crossings. Our SCCS families really enjoy the marathon and we look forward to wor.<ing with you on this event Endosed is a completed EventlRol.rting Form that you requested. Please contact me if you any other questions. I can be reached at 439-5581. Thank you for all your cooperation and help with our marathon! ok /of(~ w}.f( Sincerely, " / ,/ ~'I: -:: ('/ - \. ". '-~, -"',# / Marty Weisbed< Principal. St. Croix Cathoiic Sc:-;ocl Endosures: Marathon Route Map Event/Routir.g Form MWllam /.9 v M- 1#f~ ~Hw~te\ THE BIRTHPLACE OF MINNESOTA i) Application for Special Event Organization S' +-. ~ . Contact Person (sees) +- Address Co 2 I \~() I ) th City St ( I / tV Cl-r e,r State (f) AI Phone Number (& 5) ) Lj 3 ci -',558 } NameofEventJqq9Mam-!-hQQ fif- JJcn-fUb/,~t;j1f(rwi()( Date(s) of Event 5:tTurd(l~ Dc-/:::. ~TqCJCfrime of day '/ d :00 noon fa ;(;OOp.. Location of Event C'7 SJ:LeP +5 ,5:ul(Dun d{'~ s:>Jrd (<;ee a~c Purpose and Description of Event (please include all items being requested by the City, i.e. road 1'. blocks, police officers, parks~ etc.) and attach amap ifnecessary. . Aqq Mnrn.+hC;(\ -Rx- rJt'>n-pJbJ,.c Gdura-r/on . " . e ' . '-It " (D+" b I ' + SJ --fV (sees 0::" ~-I::. 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I:. ~ " ~:.. ..::.:..,...~...;..:.:..:I'.::..:..:...::.::., ~ ~: ~;..t~~.~.!' e...... t ~..j~{. ~ ...../fI!.f:XL ::f!j~I...::.ij~J! :? ~;t..;:,:'. ~: ~~ .(;:..~:,:~~::...IF).iF/i0!!I~!!!kf:~yN~ijF;;A .... .........,....;....~....................... '. :r ( :'" , ...::.::..::.::..: .::.. ..:..:.: '.1,":' ":':"':" . ..: .:..::'... ....::......:...::.::..::.::..::..:,.:::..:. "" . .. ....,.......~""~'\I'r.'".....,.."........, ... ~cn <- (ri::r _..0 .....' r- .... .... ...................$~(.....--.... dn . i 3rd Ave fi~ .!O l .'~ ..'~ (f) /n~' ,-. . .........n.. \ "......yi\ \c:, '0 '. '. . . . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: 1999 compensation changes for Admin Asst. DA: July 15, 1999 Discussion: Unfortunately, I overlooked the need to present 1999 salary and benefit adjustments for the Administrative Assistant until this month. Therefore, I am now asking that the Council approve the attached resolution establishing the salary, longevity and hospital! medical insurance contributions for the position for 1999. Recommendation; Council adopt resolution setting salary, longevity and hospital/medical insurance contributions for the Administrative Assistant position (effective January 1, 1999). 41~ RESOLUTION NO. 99- APPROVING SALARY, LONGEVITY AND HOSPITAL/MEDICAL INSURANCE CONTRIBUTION FOR ADMINISTRATIVE ASSISTANT BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the salary, longevity and hospital/medical insurance contribution as shown on the attached Exhibit A, is hereby approved. Adopted by the Council this 20th day of July, 1999 Jay L. Kimble, Mayor Attest: Modi Weldon, City Clerk . . . . . . EXHIBIT A SALARY, LONGEVITY AND HOSPITAL/MEDICAL INSURANCE FOR ADMINISTRA TIVE ASSISTANT ANNUAL SALARY Effective January L 1999: E!illY After one year After two years After three vears After four years $45,840 $47,112 $48,384 $49,656 $50,928 MONTHL Y LONGEVITY Effective January L 1999: After 5 years After 10 vears After 15 vears After 20 vears $72 $150 $226 $264 HOSPITAL MEDICAL INSURANCE Effective January 1. 1999 Effective January 1, 1999, the Employer will contribute up to Four Hundred Eighteen dollars ($418.00) per month toward Employers group health and long term disability insurance including dependent coverage. . NfEMORANDUM . . TO: City Council FROM: Modi Weldon, City Clerk SUBJECT: Transfer of ownership of election equipment to Washington County DATE: July 15, 1999 Attached is a memo from Robin Anthony, Washington County Elections Division Supervisor, requesting the approval ofan agreement to transfer all existing city-owned OPTECH 3-P election equipment to Washington County. This equipment will be used for trade-in on new election equipment. All new equipment will be purchased by the County . I have served on the County election task force studying the purchase of new equipment. The current equipment is outdated and experiencing significant maintenance problems. The current equipment can no longer be used in Washington County and would have no value to the City. Recommendation: Approve agreement with Washington County for transfer of ownership of city-owned OPTECH 3-P election equipment for trade-in for new Global Systems and Software election equipment. County & Partner Ae:r-eement Election Division . WASHINGTON COUNTY agrees to transfer . ownership of all its existing OPTECH 3-P Election equipment and ballot boxes to Washington County to use for trade-in on new Election equipment. Washington County will purchase new Election equipment by July 30, 1999, and will be funding all hardware and software costs with no charge to the Municipality. We understand that Washington County will be housing the new Election equipment and the Municipalities will be storing a ballot box for each of their precincts. . We agree to provide written notice of number of machines requested per Election to Washington County Election staff by the filing date of each Election. Date City Manager, Administrator or Mayor Return by July 30, 1999 to: Robin Anthony, Elections Division Supervisor Assessment, Taxpayers Services and Elections Department 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082-0006 . . f~~~'~~ WASHINGTON COUNTY ':f. ~ v.: \,..,;:; "" ASSESSMENT, TAXPAYER SERVICES & ELECTIONS DEPARTMENT ,/ ELECTIONS DMSION ........_y.. 14949 62ND STREET NORTH. P.O. BOX 6 . STILLWATER MINNESOTA 55082-0006 Office (651) 430-6188 Facsimile Machine (651) 430-6178 July 14, 1999 To: All W ashin~on County Election Coordinators RE: NEW ELECTION EQUIPMENT In 1997 , Washington County formed a City/County Voting Equipment Task Force to explore the purchase of new ElectiQn .equipment. After an extensive research and bidding process, a decision was made to put the purchase on hold. It became clear to us in the 1998 General Election that our equipment, being over 10 years old, needed to be replaced. . Since the fall, Washington County Election staff, in conjunction with other counties, conducted additional investigations and more research on the three leading vendors ES&S, Global Systems and Software (Global) and Sequoia. At the same time the Minnesota Secretary of State's Office, in partnership with the Department of Administration, developed a state contract for Election equipment which includes optical scan precinct ballot counters, system maintenance, software and optional features. ES&S and Global were both awarded the state contract. Because of the state contract, counties can now purchase from either vendor in a streamlined process. On July 13, 1999, the Washington County Board approved 100% of the funding for the purchase of 83 precinct tabulators; and windows based software for ballot layout, programming and Election night reporting from Global Systems and Software. Per language in the state contract, 60% of the payment is due upon purchase and 40% is due pending the success of the Presidential Election. Again, the county has agreed to fund this effort at no cost to the municipalities. The optical scan precinct ballot counters (Accuvote) maintenance is also addressed in the state contract. All equipment is under warranty for two years at no cost to the county or municipci.lities. After the two years we will determine if in fact we do need a maintenance agreement at all and if it would be cost effective. The Accuvotes are known to be self-maintaining and have a lifetime of 10-15 years. . The Accuvotes will be stored at the Washington County Government Center for ease of maintenance, tracking and for your convenience. Ballot boxes will be stored by appropriate municipalities. Accuvotes may be checked out for all county, school district, city and township Elections per a written request to the Molly F. O'Rourke Director Robin R. Anthony Elections and Special Project Supervisor Washington County does not d.scnmlnate on the baSIS of race. color. national ongln. sex, religion, age. and handicapped status In employment or the ~rovlSlon of services Pnnfed on Recycled Paper county Election staff. Use of equipment will remain your discretion, as long as the equipment is utilized for government or government related purposes. This includes Election Judge Training, City Clerk Training and Election Judge recruiting. Our goal is to work together for the success of all Elections in Washington County. . The Global software (GEMS) which tabulates the Election results and programs and creates the ballots, is extremely user fiiendly and will allow county Election staff to assist you with ballots (both paper and optical scan), and provide you with fast Election results, Election statistics and Election reports. We are requesting that the ownership of all the existing OPTECH 3-P equipment and ballot boxes be transferred to the County for trade-in for the purchase of new equipment. Washington County Election staffwill be contacting you to arrange for the transfer and pickup. Timeline: · County & Partner Agreements due to Robin Anthony, Election Supervisor as soon as possible. · Election equipment will be delivered to Washington County Government Center the last week in July. · New ballot boxes will be delivered to Municipalities and old equipment and ballot boxes will be picked up from Municipalities and/or depots the last week in July. (More details on this will be forthcoming). . · September IS_25tb: Washington CountY will be trained on GEMS, ballot layouts and produce the optical scan fall ballots for appropriate approval and printing. · September 27_2Stb (tentative): Judges training for Municipalities (& school districts in interested.) · September 29_30tb (tentative): Ballot testing for Municipalities & (school districts if interested.) · October: Additional Training if needed · Fall Elections (Mahtomedi and S1. Paul Park, and perhaps a few school districts) will pilot the new equipment and partner with the County for electronic Election results, Election Judge training, and ballot testing. All Election Coordinators countywide will be invited and encouraged to participate in the training and demonstrations this fall. The Election Task Force will also have an important role in this effort. . Washington County does not discnminate on the basis of race, color, national onglO, sex, religIOn, age, and handicapped status In employment or the prOVISion of serYlces Pnnled on Recycled Paper . . . Enclosed you will find the County & Partner Agreement Form. Please complete this as soon as possible and return to Washington County Elections. If you have any questions, please contact me at, (651) 430-8272. Wannest Regards, .~. Robin R. Anthony Elections Division Supervisor Washington County Enclosure cc: Molly O'Rourke, Department Head Jim Schug, County Administrator Virginia ErdaW, Deputy Administrator Mike Torkelson, Minnesota School Board Association Washington County does not discnminate on the basiS of race, color, national ongin. sex, religion. age, and handicapped status. In employment or the provIsion of serYlces. Printed on Recycled Paper . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Labor Agreement-Stillwater Firefighters Association DA: July 16, 1999 Discussion: Accompanying this memo is a copy of the revised labor agreement between the City and the Stillwater Firefighter's Association. The agreement contains the following changes: 1. Increased salary schedule by 3%, effective 1/1/99, 1/1/00, and 1/1/01 (i.e., three-year contract). . 2. Increased city contribution toward hospital/medical group health insurance premiums as follows: a. Effective 1/1/99 - contribute up to $418.00 per month per employee. b. Effective 1/1/00 - contribute an additional $25.00 per month or 50% of the increase in premiums, whichever is greater. c. Effective 1/1/01 - contribute an additional $25.00 per month or 50% of the increase in premiums, whichever is greater. d.:. Increased all steps in the longevity schedule by 3%, effective 1/1/00. 4. Changed Article X, Hours of Employment, to read as follows: The authority to schedule full-time firefighters is the City. Work shifts established by the City shall be between eight (8) and twenty-four (24) hours in length. The authority to schedule part-time firefighters is the City. Part-time employees will work schedules as directed by the City. 5. Established new Article II entitled "Definitions" to read as follows: Part-time Firefighter. A firefighter, not regularly scheduled, working more than fourteen (14) hours per week. Full-time Firefighter. A firefighter regularly scheduled to work between forty (40) and fifty-six (56) hours per week. . Regularily scheduled employee. An employee working regularly scheduled hours as opposed to being part-time, on call, or working when available. 6. Established new Article XVIII entitled "Miscellaneous" to read as follows: Part-time employees will not be eligible for any benefits under this agreement. 7. Added new sections 6 and 7 to Article XIV, Wages, to read as follows: a. Section 6. Part-time firefighters will be paid for all hours scheduled to work at a wage rate to be determined by the City. b. Section 7. Part-time Firefighters will be paid at one and one-halftimes their regular rate ofpa for all hours worked over fifty-three (53) hours in a week. 8. Added new section to Article IV, Sick Leave, as follows: Section 8. The sick leave schedules and usage for other than the normal forty (40) hour work week shall be converted to proportionately equivalent time units. 9. Added new section to Article VIII, Vacations to read as follows: Section 5. The vacation schedules and usage for other than a forty (40) hour work week shall be converted to proportionately equivalent time units (Note: For example, the equivalent time unit for a week, given a 24 hour work day/56 hour work week, would be: one week = three 24 hour shifts. The equivalent time unit for a week given a 12 hour work day/48 hour workweek would be: one week = four 12 hour shifts). 10. Changed Article XVI, Employee Rights - Grievance Procedure, by adding Section 5. "Arbitrator's Authority" and Section 6. "Waiver". 11. Modified language in Article XVII, Employer Authority. I believe that the agreement contains all of the revisions, modifications, etc. that the Council previously discussed and approved. Therefore, I would recommend approval of the agreement. Recommendation: Council adopt resolution approving labor agreement between the City of Stillwater and the Stillwater Firefighter's Association. ~~ . . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION . . January 1, 1999 through December 31, 2001 Article II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX TABLE OF CONTENTS . Page Preamble.. . ... ... ... . .. ... . .. .. . ... ... ... ... ... . .. '" .. . .. . ... . .. . .. ... ... ... ... . . . .. . .. . .. 1 Definitions. .. . .. .. . .. . . .. ... . .. . .. ... . .. . .. .. . . .. . .. .. . .. . . .. . . . . . . .. . . . . .. . . . . .. . . . . . . . . . . .. 1 Seniority....... ........... ......... .............. ....... ............................. ... .......... ......... 1 Sick Leave ............. ........... ... ... .... ... .............. ................ ................ ............ 2 Insurance.. ......................... ....... .................. ......... .................... .......... ......4 Severance Pay. ............... ............................... ... ........... .... ....... ................4 Holidays.........:......................................................................................... 4 Vacations.. ..... ........ ....... .... ... .... ............. ......... .... ... ..... ..... ...... .......... ..... .... 5 Uniforms.................... .............................................................................. 6 Hours of Employment ... ...... ...................... ........ ............ ... ........ ................6 Residential Requirements .................... ..... .......... ......... ........ ..... .... ....... .... 6 Extra Compensation ........ ................. .............. ...... .............. .......... ..... ......6 Training............ ........... .......... ..... .............................................................. 7 Wages. ......... ... ...... .......... ....... ...... ...... .... .... ...... ...... ...... ... ...... .... ..... .... ..... 7 Rules and Regulations..... ........ ..... ... .......... ............................... ............... 8 Employee Rights - Grievance Procedure .................................................8 Employer Authority......... ... ... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... ... ... .10 Miscellaneous. .. . .. . . . . .. .. . . . . ... .. . ... . .. . . . . . . .. . . .. . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . .11 Duration .................................................................................... 11 Waiver. .. . . . .. . . .. . . . . . . .. . . . . .. . . .. .. . . .. ... . .. . .. .. . .. . .. . . . . . . . .. . .. . . . . .. . .. . . .. . . . .. . .. 11 . . . . . LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION ARTICLE I PREAMBLE This contract entered into as of January 1, 1999 between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighter's Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L.R.A., is to provide the terms and conditions of employment for Firefighter's during the duration of this contract. In accordance with the P.E.L.R.A., the City recognizes the Association as the exclusive representative of Firefighter's, hereinafter referred to as employee(s), employed by the City. The Association shall have all those rights and duties as established by the P.E.L.R.A. and in the provisions of this contract. ARTICLE II DEFINITIONS Section 1. Part-time Firefighter. A Firefighter, not regularly scheduled, working more than fourteen (14) hours per week. Section 2. Full-time Firefighter. A Firefighter regularly scheduled to work between forty (40) and fifty-six (56) hours per week. Section 3. Regularly scheduled employee. An employee working regularly scheduled hours as opposed to being part-time, on call or working when available. ARTICLE III SENIORITY Section 1. Seniority shall be determined by the employee's length of continuous employment with the full-time fire department and posted in an appropriate location. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. Section 2. All newly hired employees shall serve a probationary period of twelve (12) months from the effective date of hire. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the employer. During the probationary period a promoted or reassigned employee OPAGE 010 Section 3. Section 4. Section 5. Section 6. Section 1. Section 2. may be replaced in their previous position at the sole discretion of the employer. . A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. One continuous vacation period shall be selected on the bases of seniority until March 1 st of each calendar year. ARTICLE IV SICK LEAVE All full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: . a. If term of employment has been one year but less than two years; one week full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. c . If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 to 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more - full pay 52 weeks. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. . OPAGE C2::J . . . Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of two shifts for each month worked. c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rate basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. .. Any employee receiving Worker's Compensation benefits because of a job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation, which has not been taken, may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accomplished by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. For the purpose of this Article, the January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. The sick leave schedule and usage for other than the normal forty (40) hour work week shall be converted to proportionately equivalent time units. JPAGE CJ3C Section 1. Section 2. Section 3. Section 4. Section 5. Section 1. Section 1. Section 2. Section 3. Section 4. ARTICLE V . INSURANCE Effective January 1, 1999, the Employer will contribute up to Four Hundred and Eighteen dollars ($418.00) per month per employee toward group health and long-term disability insurance including dependent coverage. Effective January 1, 2000, the Employer will contribute an additional Twenty-five dollars ($25.00) per month or fifty percent (50%) of the increase in premiums, whichever is greater. Effective January 1, 2001, the Employer will contribute an additional Twenty-five dollars ($25.00) per month or fifty percent (50%) of the increase in premiums, whichever is greater. Ten dollars ($10) of the maximum may be utilized to provide an employee dental insurance program for all unit employees if the union notifies the employer that the unit desires such coverage. The Employer shall provide and pay for a twenty thousand dollar ($20,000.00) term life insurance policy for each employee. ARTICLE VI . SEVERANCE PAY One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten years of service with the City, but in no event shall severance pay exceed an amount equal to one (100) days pay. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee has retired due to age or physical disability, as above provided, but in no event shall such death benefit exceed sixth (60) days of full pay. ARTICLE VII HOLlDA YS Employees shall be entitled to eleven (11) paid holidays per year. Holiday pay shall be made the first day of the month of December of each year. The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month. . Holiday pay shall accrue on the January 1 immediately preceding the [JPAGE CJ4[J . . . anniversary date of employment. Section 5. Immediately preceding the 1 st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE VIII VACATIONS Section 1. Permanent employees shall be entitled to vacations according to the following schedule: Emplovees hired after January 1. 1999 After 1 year up to 2 years service Based on 40 hr. Based on 56 hr. Work Week Work Week one week three shifts two weeks six shifts three weeks nine shifts one additional one additional day up to 15 shift up to 15 yrs of service yrs of service four weeks fifteen shifts After 2 years up to 5 years of service After 5 years up to 10 years of service After 10 years up to 15 years of service After 15 years of service Emplovees hired prior to January 1. 1998 After 1 year up to 2 years of service one week three shifts After 2 years up to 5 years of service two weeks six shifts After 5 years up to 10 years of service three weeks nine shifts After 1 0 years of service four weeks one additional shift up to 15 years of service After 15 years of service one additional day per year of service up to twenty years for a maximum of 25 days fifteen shifts DPAGE CJ5= Section 2. Section 3. Section 4. Section 5. Section 1. Section 1. Section 2. Section 1. Section 1. The vacation schedule and usage for other than a forty (40) or a fifty-six (56) hour work week shall be converted to proportionately equivalent time units. . Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. For the purpose of the Article, January 1 st immediately preceding the Employee's anniversary date of employment shall be used to determine employee's term of employment. Vacation time not to exceed 80 hours or proportionately equivalent shifts may be used in the following calendar year unless authorized by department supervisor. Vacation in excess of the allowable amount shall be paid on the second payday in January at the rate of pay in effect at the end of the previous year. ARTICLE IX UNIFORMS The City shall provide required uniform articles and equipment. ARTICLE X HOURS OF EMPLOYMENT . The authority to schedule full-time firefighters is the City. Work shifts established by the City shall be between eight (8) and twenty-four (24) hours in length. The authority to schedule part-time firefighters is the City. Part-time employees will work schedules as directed by the City. ARTICLE XI RESIDENTIAL REQUIREMENTS Employees hired after January 1, 1996 shall establish a permanent, bonafide residence which requires not more than fifteen (15) minutes of driving time from the residence to employment at speeds not in excess of posted limits, serviced by all weather roads. ARTICLE XII EXTRA COMPENSATION Regularly scheduled employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, filling in for employees away at training schools or other duty outside their normal shifts. Extra compensation for filling in for absent employees shall be on a daily basis . OPAGE 060 . . . computed by dividing the monthly pay by the number of days worked. Other extra duty shall be paid as follows: a. For callback and filling in for men away at training schools, the compensation shall be at time and one-half with two hour minimum guarantee. Any additional time worked beyond the second hour shall be calculated on the one half-hour. b. For extra duty at the fire station (night duty), Five dollars ($5) for each night. c. Employees requesting in writing to the employer to receive compensatory time off in lieu of paid over-time as established in Section 1. (b) of this Article shall be allowed such compensatory time of at a time that is mutually acceptable between the employee and employer. Any compensatory time not taken off by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over to the next year. ARTICLE XIII TRAINING Section 1. City will provide all training required by the City at the City's expense. ARTICLE XIV WAGES Section 1. The following wage schedule shall apply: Effective: Januarv 1 , 1999 Januarv 1. 2000 January 1 , 2001 Start $3,134 $3,241 $3,351 Six months to one year $3,204 $3,311 $3,421 One year to two years $3,434 $3,541 $3,651 Two years to three years $3,484 $3,591 $3,701 Three years $3,552 $3,659 $3,769 Captain $3,730 $3,842 $3,957 Section 2. The average work year is 2912 hours for employees whose schedule provides for 24 hour shifts, which shall average 56 hours per week 3 hours of which is compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. Over time for shifts of less than 24 hours shall be paid pursuant to the Fair Labor Standards Act. CPAGE 27[J Section 3. Section 4. Section 5. Section 6. Section 7. Section 1. Section 1. Section 2. The employees shall be paid a monthly longevity bonus according to the following longevity pay schedule: . Effective: After 5 years of employment After 10 years of employment After 15 years of employment After 20 years of employment Januarv 1. 1999 $ 70 $140 $210 $252 Januarv 1. 2000 $ 72 $144 $216 $260 If an employee becomes eligible to receive longevity pay for only a portion of a month, the 15th of the month shall be used as a cut-off date to determine the amount of longevity pay to be received for the month. If an employee becomes eligible on or prior to the 15th, the employee shall receive the full amount whereas eligibility after the 15th shall result in one- half of amount. Full-time Employees shall be paid on the Friday of every second week constituting 26 paydays per year. Part-time Firefighters shall be paid monthly. Compensation for extra duty shall be computed at the end of each pay period. Part-time Firefighters will be paid for all hours scheduled to work at a wage rate to be determined by the City. . Part-time Firefighters will be paid at one and one-half times their regular rate of pay for all hours worked over fifty-three (53) hours in a week. ARTICLE XV RULES AND REGULATIONS Rules and regulations governing the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. ARTICLE XVI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract. Association Representatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. . [JPAGE DSO '. . . . Section 3. Section 4. ProcessinQ of a Grievance. It is recognized and accepted by the Association and the City that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the employer. Procedure. Grievances as defined in Section 15.1 shall be resolved in conformance with the following procedures: a. . . An employee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the employer. The employer- designated representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the contract allegedly violated, the remedy requested and shall be appealed to Step 2 within ten calendar days after the employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within 10 calendar days shall be considered waived. b. If appealed, the written grievance shall be presented by Association and discussed with the employer designated Step 2 representative. The Employer designated representative shall give the Association the Employer's Step 2 answer in writing within 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to step 3 by the Association within ten (10) calendar days shall be considered waived. c. If appealed, the written grievance shall be presented by the Association and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Association the Employers answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within 10 calendar days shall be considered waived. =PAGE [9= Section 5. Section 6. d. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. . Arbitrator's Authoritv a. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue(s) submitted In writing by the Employer and Association and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever is later, unless the parties agree to the extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of the agreement and to the facts of the grievance presented. . d. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of Employer's last answer. If the Employer does not answer a grievance or and appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. . [PAGE :=lO[ . . . Section 1. Section 1. Section 1. Section 1. Section 2. ARTICLE XVII EMPLOYER AUTHORITY The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the employer to modify, establish, or eliminate. ARTICLE XVIII MISCELLANEOUS Part-time employees will not be eligible for any benefits under this agreement. ARTICLE XIX DURA TION This agreement shall remain in full force and effect for a period commencing January 1, 1999 through December 31, 2001. In the event a new agreement is not in effect on January 1, 2002, all compensation, working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XX WAIVER Any, all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition or employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The employer and the union each voluntarily and unqualifiedly waives the right to meet and negotiate any and all terms and conditions of employment referred to or covered in the agreement or ]PAGE :=1 E: with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. IN WITNESS WHEREOF, the parties hereto have set their hands this ,1999. day of FOR THE ASSOCIATION: FOR THE CITY OF STillWATER: President Mayor City Clerk City Coordinator [JPAGE J120 . . . . . . Memorandum July 16, 1999 TO: Mayor and City Council FROM: x-t / Klayton H. Eckles City Engineer SUBJECT: Long Lake Southeast Watershed Area Water Quality Improvements Associated With The Curve Crest Boulevard Extension Street And Utility Improvements (project 9721) And Stillwater Market Place Surface Water Improvements (project 9721a) DISCUSSION: The Long Lake Water Quality Improvement Projects includes storm water improvements as part of the Curve Crest Boulevard Extension Project and the Market Place Surface Water Management project. The purpose ofthis project is to protect and improve Long Lake water quality from the impacts of urbanization. The watershed that drains into the southeast end of Long Lake includes over 800 properties in the City of Stillwater. In addition, there are a couple hundred acres of Oak Park Heights and County right-of-way that drain into Long Lake. Notices were sent to approximately 800 properties and letters have been sent to Oak Park Heights and the county asking for their participation. As of Friday, only one written objection has been received from the residents and only a few calls have been received with questions or concerns. No response has been received from the County or Oak Park Heights. Based on discussion with some ofthe residents and business owners in the area, and a critical review on the part of staff some of the possible concerns on the project are as follows. · Some of the neighborhoods in the project area have recently been assessed for City improvements. Properties in the Croixwood neighborhoods and along Croixwood Boulevard and, properties along Curve Crest Boulevard in the Industrial Park have received significant street improvement assessments in the past three years. · The assessment areas include newly developed areas, including the Highlands and the Market Place commercial area. These new residents and business owners may take issue with the fact that their properties are part of newer developments that have better water quality systems in place. · Some commercial property such as those properties around the clinic site pond (former . Colonial Craft property) have participated in significant water quality improvements and may view this as an unfair additional assessment. · It might appear that these improvements are a direct result of development within the annexation area. It is true that these improvements are proposed as part of larger proj ect that are occurring in the annexation area, but the water quality issues are not a result of annexation development. Instead, they are a result of existing developed areaS that generally lack many of the water quality protection standards that are applied to today's developments. · Property owners immediately adjacent to Long Lake would see some of the direct benefits of this project and are not proposed to be assessed as part ofthis project. This is indeed true because the proposed method of assessment would assess only those properties that contribute water to the new storm water system. It is possible that in the future other project might be constructed that could affect owners in another sub- watershed or immediately adjacent to the lake. All of these potential questions have merit. The fact that the City will end up subsidizing a large portion of the overall proj ect off set most of these concerns. Bonestroo will be available to answer technical questions and staff will provide a presentation of the finances, reasons and timeline for the project. RECOMMENDATION: Hold the required hearing and order the project. ACTION REQUIRED: If Council desires to proceed with the project, they should pass a motion adopting Resolution No. 99-_, ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS FOR THE LONG LAKE SOUTHEAST WATERSHED AREA WATER QUALITY IMPROVEMENTS ASSOCIATED WITH THE CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (PROJECT 9721) AND STILLWATER MARKET PLACE SURFACE WATER IMPROVEMENTS (PROJECT 9721A) PROJECT 9721C. . . . . . RESOLUTION NO. 99- ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS FOR THE LONG LAKE SOUTHEAST WATERSHED AREA WATER QUALITY IMPROVEMENTS ASSOCIATED WITH THE CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (PROJECT 9721) AND STILLWATER MARKET PLACE SURFACE WATER IMPROVEMENTS (pROJECT 9721A) PROJECT 9721C WHEREAS, a resolution ofthe City Council adopted the 15th day of June, 1999, fixed a date for a council hearing on the proposed Long Lake Southeast Watershed Area Water Quality Improvements Associated With The Curve Crest Boulevard Extension Street And Utility Improvements (project 9721) And Stillwater Market Place Surface Water Improvements (project 9721a); and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 20th day of July, 1999, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The improvement designed Long Lake Southeast Watershed Area Water Quality Improvements Associated With The Curve Crest Boulevard Extension Street and Utility Improvements and Stillwater Market Place Surface Water Improvements is hereby ordered as proposed in the council resolution adopted the 20th day of July, 1999. 2. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 20th day of July, 1999. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk David J. Matel 2647 Greenmeadow Crt. Stillwater, MN 55082 651-430-1992. Dear Klayton Eckles: I strongly oppose any assessment for the purpose of developing any improvements for Long Lake water Quality. This is a business environment issue and a Long Lake home owner issue. This is not the responsibility of home owners who live over 2 blocks away and never use the lake. Also there are houses much closer to Long Lake that are not proposed sites for assessment. Thisis crazy. What political advantages do some residents or areas have? I have never used Long Lake in any capacity for over 17 years, now why should I pay for Long Lake residents to have a cleaner lake. If you want a cleaner lake pay for it yourself or make the new businesses on County highway 5 pay for it. . I STRONGLY OPPOSE ANY ASSESSMENT TO THE HOME OWNERS THAT LIVE OVER 2 BLOCKS A W A Y---- WHEN I HAVE ABSOLUTELY NO INVOLVEMENT WIlli LONG LAKE. THIS HAPPENED AFTER ALL THE NEW BUSINESSES AND NEW HOMES CAUSED ENVlRONMENTAL PROBLEMS. ~ . . . . . . Memorandum June 10, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles tJ ___ City Engineer f...J'::: SUBJECT: Discussion of Curve Crest Boulevard Extension and Storm Water Improvement Public Hearing DISCUSSION: This spring the City Council accepted a feasibility report on the Curve Crest Boulevard Extension - Street and Utility Improvements. Council also authorized and approved the Market Place Surface Water Management Study. The findings ofthese two reports show that it is necessary to construct significant storm water improvements to manage storm water flows and improve water quality before these flows enter Long Lake. Some ofthese improvements need to be constructed as part of the Curve Crest Boulevard Extension. In order to finance the project it will be necessary to work out the contributions from Oak Park Heights, Washington County for County Road 5 and Mn/DOT for Highway 36 runoff. Letters have been sent to these participants, but we have not received any responses at this time. The most significant identified funding source for this project was proposed assessments for the Stillwater drainage area. The drainage area in question includes all of the Highlands, approximately 1/3 of Croix wood, the Cottages, Autumn Woods and approximately 2/3 of the Industrial Park. There are approximately 600 residents in this area, and roughly 700 notices would be sent. In comparison, the Lily Lake hearing that was just held resulted in over 400 notices being sent to residents. The City currently has pressure to install the Curve Crest Extension, as this street extension is necessary to access the Nolde and Bradshaw development. It is also necessary to construct a potion of the Curve Crest Extension in order to complete the watermain loop around the south end of Long Lake to serve the Liberty and Legends developments. If Curve Crest Boulevard is extended it will be necessary to construct a minimum of $300,000 of the storm water improvements immediately and another $350,000 shortly thereafter. Therefore, it is necessary for the Council to make a determination whether or not to put the Nolde and Bradshaw developments on hold and to develop an alternative loop for the watermain. RECOMMENDATION: Staff recommends that Council set the required public hearing on the improvement of storm water facilities to protect Long Lake water quality. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99-_, CALLING HEARING ON IMPROVEMENT OF CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (PROJECT 9721) AND STILL WATER MARKET PLACE SURFACE WATER IMPROVEMENTS (pROJECT 9721A) . . . . . . LC LI/t/ICirl Memorandum April 2, 1999 TO: Mayor and City Council FROM: ./ {U/ Klayton H. Eckles City Engineer SUBJECT: Market Place Surface Water Management Study DISCUSSION: Recently, BRA completed a study of the 62nd Street area. As part of that study, they identified the need for a large storm water holding pond, as well as a storm water pipe from that pond to Long Lake. The study suggested there may be significant cost savings and water quality benefits that may result if improvements were done upstream in the Stillwater Industrial Park. The entire industrial park system has beenpieced together over the past 20 years and no comprehensive plan for the entire system has ever been completed. Engineering staffhas often struggled with site review on individual developments because the entire system is poorly understood and does not appear meet water quality or quantity management standards oftoday. For these reasons, the City Council authorized a study of the industrial park storm water system that we have called the Market Place Surface Water Management Study. The completion of this study now gives us better insight into how our system works, where it is deficient, what impacts water from Oak Park Heights, Mn/DOT and County Road 5 have on the system, and it provides recommendations for improving that system. The study looked at two basic storm water perimeters, namely water quantity management and water quality management. From a water quantity aspect we would measure success based on whether or not our system minimizes the chance of flooding, minimizesthe possibility of erosion and sedimentation and high water levels in Long Lake. In terms of water quality, success is generally measured in terms of how much phosphorous is removed from the storm water discharges. The generally recognized minimum phosphorous removal rate is 60 percent. The upper limit of phosphorous removal is 70-75 percent. Anything over 70 percent can be very difficult to obtain, especially when retrofitting a system. Two facts immediately came out ofthe study. The existing overal,l system currently has a removal rate of 61 %. Therefore, our existing system is above the minimum standards. Given the fact that the City has identified Long Lake as a resource worthy of higher order protection we may wish to consider the methods and relative costs of increasing the removal efficiencies. The second fact is that Oak Park Heights contributes a large amount of water to our system, but the water that is contributed is managed effectively. Although Oak Park Heights contributes over 1/3 ofthe total drainage area, it restricts the flow of water to the point that less than 20% of the overall flow rate reaching the 62nd Street pond currently comes from Oak Park Heights. In addition, the water coming from Oak Park Heights has been treated to a point where 68% of the phosphorous has been removed from the water. These facts indicate that although Oak Park Heights is responsible for some of the problems within our system, the level of participation in any corrective or mitigative steps may be less than what we may have anticipated. The report shows that the City has some flexibility in the level of improvement added to the system. It appears that there are four major improvements; as well as some minor ones that can be implemented. Each improvement can be built upon the next, and each has a corresponding improvement in water management. Each of these improvements are discussed below: 62nd Street Pond and Pipe System This improvement was discussed under the 62nd Street Plan and is the most important part of any improvement concept. It greatly reduces sedimentation and erosion occurring near and into Long Lake provides Some benefit in Long Lake level control, provides a source of material for the construction of the Curve Crest Extension and increases the phosphorous removal rate from 61 % to 66%. The cost of these improvements has been estimated at $546,000. Tower Drive & Market Drive Ponds Further improvement to the system could be gained by improving the pond at Tower Drive and Market Drive ponds. This will reduce the peak discharge into Long Lake from 197 CFS to 143 CFS. This is important as it reduces the amount overland flow (the pipe would take most of it) that is a potential erosion and maintenance problem. These improvements would increase phosphorous removal from 66% to 67%. The cost of these improvements is estimated at $125,000. Washington A venue/Highway 36 Pond Another level of improvement could be made by significantly enlarging the Washington Avenue/Highway 36 pond located in front of the Anderson Windows building. The construction ofthis pond would eliminate any overland flow out ofthe 62nd Street pond in a 100-year storm event. This would mean that all the water from a 100-year storm would stay within the pipe system and would eliminate all maintenance and virtually all erosion potential. This option also increases phosphorous removal from 67% to 69%. It also has some benefits to any Long Lake level management plan in that it provides . . . . . . additional flexibility. The cost ofthis option is difficult to estimate due to the need to acquire easements, but assuming the property owners are somewhat cooperative, the cost to construct this improvement and acquire easements is estimated at $325,000. Minor Improvements The above major improvements are listed in order of precedence and relative ease of construction. Some additional minor improvements may be needed within the watershed. There are a number of pond outlets that should be modified to better control the rate which water discharges from the ponds. Also, there is one home on the Wildwood Pines pond that appears to be at, or below, the 100 year flood elevation. At a minimum the City should notify this resident of this situation. The cost of these minor pond improvements would cost approximately $50,000. Highlands Diversion One other option that report discusses is the possibility of diverting a large amount of the flow from the Highlands into the clinic site pond. Also, the clinic site pond would have to be enlarged. This option would increase phosphorous removal from 69% to 70% and the peak discharge down to 125 CFS. However, the cost for this project would be significant. The amount is unknown at this time, but due to easements, and site constraints it could be over $500,000. Due to the limited benefits, it is recommended that Council give this option no further consideration. To complete all ofthe above referenced improvements the cost would be approximately $1,046,000. Project CFS Phosphorous Removal Rate Cost 62 Street Pond Storm Sewer 197 66% 546,000 Tower Drive & Market Drive 143 67% $125,000 Ponds Washington Avenue & Highway 131 69% $325,000 36 Pond Minor Improvements N/A N/A $50,000 TOTAL $1,046,000 n $ The total cost of these improvements is over $1 million. At the present time, we do not have any funding source for these expenses. However, if development is to occur along the Curve Crest extension (i.e. the Nolde and Bradshaw developments) it will be necessary to construct the 62nd Street pond and some of the pipe improvements immediately. The cost to construct these initial pond improvements to accommodate the Curve Crest extension is approximately $301,000. Therefore, the City needs to determine an immediate funding source for the pond expansion improvements as well as determine the level of future improvements and method of financing these improvements. There are a large number of possible contributors to the initial and future projects. Possible funding sources include assessments to the overall drainage area, cost sharing with Oak Park Heights, Washington County and MnfDOT, contributions from State Aid, in-kind developer improvements, TIF, and Storm Water Utility. Assessments are the most obvious source of income. For the Stillwater area, the southern district is predominated by commercial development while the northern district is dominated by residential development. Also, the southern district has the bulk ofthe improvements, some of which directly benefit the south district, whereas the north district would only benefit from the 62nd Street pond and accompanying storm water pipe. As a starting point Council may wish to consider an assessment at the standard rate of $0.045 per square foot for the south district. The northern district, which has lower development intensity and lower benefit from the project, could be assessed at $0.02 persquare foot. Using such a rational, the southern district would contribute $376,000 and the northern district $191,000. Cost sharing was also listed as an alternative. Oak Park Heights is the obvious source of cost sharing given their large contribution. As mentioned, Oak Park Heights isover 1/3 of the total area, but since Oak Park Heights has its own system in place that pretreats the water and limits the discharge rate it may be more appropriate if Oak Park Heights contributes based on contributing flow rate as opposed to area. Using this rational and if the City opted to make all ofthe proposed improvements, Oak Park Heights would have a maximum of $100,000 - $110,000. This assumes that Oak Park Heights would only contribute to the 62nd Street pond and its discharge pipe. The same rational was used for the Mn/DOT property. The maximum expected cost sharing with Mn/DOT would be $32,000. Depending on the methodology for the County, the County share would be between $16,000-$49,000. MSA participation was also listed as an option. There are approximately 15 acres ofMSA street right-of-way within the project area. Taking the 15 acres as a percentage ofthe total 836 acres yields a MSA cost sharing of$19,000. In-kind developer contribution could also be a funding option. The engineer for the proposed Nolde development has indicated that the site is short of good material. The proposed Tower Drive pond excavation will likely yield extra material suitable for construction purposes. Therefore, it may be possible to provide the developer with a location to obtain free material that could complete some ofthe work. Also, there is undeveloped site near the Tower Drive pond that will be required to provide storm water quality and quantity ponding. As an alternative, the developer of this site may wish to contribute to the development ofthe Tower Drive pond to increase the developable land on the developer's site. The likely maximum in-kind developer contribution is estimated at $70,000. Below is summary of the maximum estimated revenues from the various funding sources: < . . . . . . y South District ($0.045) $376,000 North District ($0.02) $191,000 Oak Park Heights $100,000 Mn/DOT $32,000 County $49,000 MSA $19,000 Developer Contribution $70,000 TOTAL $837,000 Based on these estimates it is clear that there will be a shortfall of over $200,000. The only other possible funding sources listed are TIP and Storm Water Utility. Currently, according to the Finance Director, the TIP available for this area is zero. Much, or all, of the TIF has been used for the recent development ofthe sports complex. The storm water utility is a viable source, but it is dedicated to a number of other projects, including Lily Lake. These sources would only be needed upon completion of the final phases ofthe projects listed that may not occur for some time. Of immediate concern however, is the funding of the 62nd Street pond. The contributors outside the City, including Oak park Heights, Mn/DOT and the County, would all be contributing to the construction ofthe 62nd Street pond and storm. water pipe system. These are the initial portions of the project that must be constructed; therefore, it may be necessary to pursue these items immediately. Council may wish to direct staff proceed with meetings with the various organizations to discuss this project. In addition, the City may wish to contact Brown's Creek Watershed District to solicit their support. Given the strong desire of the developers in the 62nd Street area to proceed with their developments and the requirement that the 62nd Street pond be constructed prior to, or as part of the street construction in this area, it is of great importance that the City develop a funding strategy immediately. RECOMMENDATION: Staff recommends that Council review the attached report and the information in this memo and determine what level of water management the City would llltimately provide for the Market Place and Long Lake area. In addition, Council should give guidance on the funding methodology for the projects that should be done in the immediate future. ACTION REQUIRED: Council should pass a motion adopting Resolution No. 99-_, ACCEPTING THE MARKET PLACE SURFACE WATER MANAGEMENT STUDY, and pass a motion giving staff direction on a recommended funding alternative for the construction ofthe 62nd Street pond. , . . Lue w;-J} he ul1?\hJe. -;- 0 c, +t el16t o.h y -f 0 r rnee Ih95 !,or 0... L"€~u Lu ce k s .- 50 fJec,se, -roke 3 i1'I In utes 10 reo.d- OUr ).~-tt~r ih ou Y' pj O"Ce .~..r~e --r-1... k /Y} U ). llJ1erl j hj I neVI 5 Ilf ell , -krY' '/ -t-L~reh A i+ze)- . \ f t,. Ie) -439-055/ Po.3€ :L. cT ~ IPaJEcre~VlE[) _10-09 J U L 2 n 1999 01 _D€a.'f' G"ttJlwo-ter C.it hers) X ct.m Wr; hnj i f1 f'e9 arch 70 a. foss/Me o.ssessment on our property {IlJ3h lMd5J fed' ot'o"/>1 lIIc.ier ; mf (Oi/e/>t e4s. We ~re e xJremeJ y vp.3"eto.t the dprojJ?etT_o-f -h OIv)n,Ej +D po Y CA- ps ses s me" -t 0-1 re o.tI. y )CL-ft~,..pa ( in ,+h r<> V!'J h i he nose fo 6V yo. },Drnep Ih-_CA n etu d..elJeJo?etnfA-" . r11r Eckles le-ttcrpst~tes+h~_run()ff.1fDm _of) Y' pr'l>prrty ; ~<::Or1-t-ri bU: lflj !e-o,u s)n J €lJ\/fmymntGl.! _ probJelh S . SnovlJ.nt jh I S proble"" h ",oJ", b ee/J fo/'eseen f'e1of'e -th ~J deuelofem-c'1t w-evrfvp 1 We w.er'e rot-fold of MY o.tiJ. it/ohal I1.SS€55mcn-r iobdl11,Pl>seJ. laje-r on ~ A'rltJ. 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Ce/19.-1~ 1 ! J 0 . t I II fe_/)o , . [Ue wi 1/ be {oIl &LJ i"J Y6<J r' od~ J cr>.refully, . 5ihcere} Y ferry + Loter, R i fzer ~ L JIDli::- L 1 1 ________ :;:.0= _ ________1_____;.__ ________ ________I________J CI1Y OF Sffi.,LWATER CHAMBER OF CO:MMERCE July 13, 1999 IREClEllVED JUL 2 n 1999 City Of Stillwater 216 North 4th St Stillwater, MN 55082 --------- ------ RE: Restroom Facilities Mayor Kimble / City Council, . Weare writing in reference to the lack of proper restroom facilities downtown Stillwater. Currently there is a lack of public restrooms for persons visiting the downtown area. The bathroom facilities used for large events are closed during normal business days and weekends, which is still a busy time. The businesses and the buildings downtown are burdened by the excess usage of their bathroom facilities. Essentially, businesses located downtown have limited bathroom facilities themselves which cannot be simply open to the public. We want to encourage our guests to continue visiting and shopping downtown Stillwater. Tourism is a priceless asset to Stillwater, drawing people who inevitably need to use a restroom throughout the day or evening. Further, it is difficult as business owners to reject persons the usage of our restrooms because of the additional burden to the facilities. Please be advised we would like the City Council to address the lack of restroom facilities. As a temporary solution portable restrooms need to be strategically placed to provide proper facilities. It would be nice to see in the future permanent facilities built to accommodate locals and visitors of Stillwater. Sincerely, . j{at/i {k};f15~ Kara Johnson Government Relations City Of Stillwater Chamber Of Commerce. P.O. BOX 516, STILLWATER, MN 55082 PHONE: 651-439-4001' FAX: 651-439-4513' E-MAIL: CHAMBER@STLLWTR.COM' WEBSITE: HTTP://WWW.STLLWTR.COM/CHAMBER ~' . . . Memorandum July 19, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles JL ~ v" City Engineer SUBJECT: Public Hearing 62nd Street Watermain & Street Improvements Project 9912 DISCUSSION: Staff has found an error in the Notice of Public Hearing that was published and mailed to affected property owners for the above project. So that staff can correct the notice, republish and renotify property owners, staff recommends that Council table the hearing until the August 3rd meeting. The tabling of the approval of plans and specifications for this project should also be tabled to the August 3rd meeting. RECOMMENDATION: Table the hearing and approval of plans and specifications until the August 3, 1999 meeting. Make an announcement at the start of the meeting so people attending the meeting can go home if they choose. ACTION REQUIRED: If Council concurs the recommendation, they should pass a motion tabling the 62nd Watermain and Street Improvements Public Hearing until the August 3, 1999 meeting. :. . . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Civil Engineer~!>') DATE: July 15, 1999 RE: Public Hearing for the 62nd Street Water Main and Street Improvements Project 9912 DISCUSSION The Public Hearing for the 62nd Street Water Main and Street Improvements is scheduled for July 20 at 7:30 p.m. Attached are copies of the feasibility report, and the Public Hearing Notice that was sent to the affected property owners. To date, there have been no comments from the property owners regarding this project. As you may recall from the feasibility report, the water main extension would be constructed as part of two separate projects, this project and the Curve Crest Extension Project. The cost of the project is estimated at $487,012.50. The project would be financed through an area wide assessment on developable property in the annexation area at a rate of$1199.88 per acre. It is also proposed to assess a portion of the cost to reconstruct 62nd Street to the property owners who live along 62nd Street. There is approximately 4200 feet of frontage on 62n Street and using a rate of$10.00 per lineal foot of frontage amounts to $42,170.00 in street assessments. Homeowners along 62nd Street would not be charged for any of the water main costs. However, they would be responsible for all trunk utility costs if they choose to sub-divide their property in the future. A neighborhood meeting was held last month to discuss the project, with a few questions brought up including addition of street lights, conversion of overhead utilities to underground, the location of the cul-de-sac, and future sanitary sewer main. Staff will be prepared to answer these questions should they come up at the time ofthe meeting. RECOMMENDATION Staff recommends that Council hold the required Public Hearing, consider the proposed assessment rates for the water main and the streets and if Council desires, pass a resolution directing the engineer to prepare plans and specifications. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99- , ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS FOR WATER MAIN IMPROVEMENTS TO SERVE 62ND STREET (P~OJECT 9912). r illwater ~ --- ~ ~ THE BIRTHPLACE OF MINNESOTA J NOTICE OF HEARING FOR WATERNVUNIMPROVEMENTSTOSERVE 62ND STREET (PROJECT 9912) TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Stillwater will meet in the City Council Chambers at Stillwater City hall at 7:30 p.m. or as soon as possible thereafter, on Tuesday, July 20, 1999, to consider the making of storm sewer improvements for what is known as Market Place Storm Water Drainage Area, pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for the improvements are properties within the following described boundary: North of Trunk Highway 36, East of County Road 15, South of County Road 12 and and 4800 feet east of County Road 15, except that portion known as the Croixwood Additions. The estimated cost of the improvement is $487,012.50. Persons that desire to be heard with reference to the proposed improvement will be heard at this meeting. Klayton Eckles, City Engineer City of Stillwater Published Dates: July 9 and 16, 1999 CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 .. . . . . ; /, . r illwater ~ ---~ ---- ~ THE BIRTHPLACE OF MINNESOTA . J July 9, 1999 Subject: Public Hearing on 620d Street Water Main and Street Improvements Project 9912 Dear Property Owner: Attached you will find a Public Hearing Notice officially notifying you ofthe Public Hearing scheduled for July 20 at the City Hall Council Chambers. The purpose of hearing is to discuss water main improvements on 620d Street from County Road 5 (CR5) at Curve Crest Boulevard to Legend Boulevard. The improvement consists of installing a 16" water main along 62nd Street from the intersection at CR5 and Curve Crest Boulevard to Legend Boulevard and reconstructing that portion of street where water main installation takes place. A copper water service will be provided for each lot at the time of construction, but you are not required to hook-up at this time. The total cost ofthe improvement is . estimated at $487,012.50. . The cost of the water main would be funded through an area rate assessment of $1199.00 per acre on the developable sites in the new annexation area ofthe City. If you are a resident along 62nd Street you would not be assessed for any costs associated with installation of the water main. If you chose to subdivide your property in the future you would be assessed the rate listed above plus adjustments. It is proposed after completion of the water main installation, 62nd Street will be constructed with a new pavement section, consisting of 6" of aggregate and 3" of bituminous. On 62nd Street, a cul-de-sac will be constructed along the south comer of Long Lake. The cost to reconstruct the street and to construct a new cul-de-sac is estimated at $77,480. Street costs would be assessed on a front lot footage basis. The assessment rate proposed would be $10.00 per foot for the 4217 feet of frontage along 62nd Street. The hearing for this proposed project is your opportunity to gain additional information about the project and voice your comments, prior to the Council making a final decision on whether to proceed with this project. You may participate in the hearing by attending and voicing your comments or by sending a letter to the Council prior to the meeting. Sincerely, ~AL . Shawn Sanders, PE Civil Engineer CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Civil Engineer ~> DATE: June 8, 1999 RE: 62nd Street Water Main Project Project No. 9912 DISCUSSION: As part of the plan to bring utilities to the Southwest Annexation Area, the 62nd Street Water Main Project is the final link that would loop the water main in the Annexation Area with the existing water main in the Market Place Area. The project would start at the west end of Curve Crest Boulevard on County Road 5 and end at the southeast comer of the Legends Development. The project consists of installing approximately 3800 feet of 16" water main with hydrants, valves, and appurtenances. The first one-third of the project, from Curve Crest Boulevard to 400 feet west of County Road 5 on 62nd Street, would be constructed in conjunction with the Curve Crest Boulevard Utility and Street Improvement Project. The remaining two-thirds of the project would be constructed as a separate project and includes water main construction, water service installation to nine property owners, and restoration of 62nd Street. Restoration of 62nd street includes a new street section and the construction of a cul-de-sac at the west end of 62nd Street. Total cost for the project is estimated at $487,012.50, which includes engineering, administration, and contingencies. PROJECT FINANCING: The major source of revenue that would finance this project would come from an area rate charge on present and future development in the annexation area of Stillwater. For this particular project there are 396.54 acres that would be charged, which amounts to a rate of $1199.88 per acre. Another source would be the amount charged to the property owners who would connect to the water main for their own water service. According to the Orderly Annexation Agreement, any property that hooks-up to City municipal water, owners shall pay a hook-up charge not to exceed $2500.00. Currently, there are nine property owners on 62nd Street who could hook-up to City water. The Stillwater Water Board would pay for any remaining any shortfalls in revenue to fund the project. The table below shows the affected areas and their associated costs for the water main project: " .~ . . . " . . . OWNER GROSS NET AMOUNT ACREAGE ACREAGE CHARGED CPDC 171.70 144.99 $173,970.44 ISD 834 16.11 15.40 $18,478.14 Pemtom 74.11 70.72 $84,855.44 Gadient 32.58 31.56 $37,868.18 Bergman 101.4 97.09 $ 1.l 6,496.25 Anderson 25.87 15.65 $18,778.11 White 7.2 3.6 $4,319.56 Bradshaw 29 17.53 $21,033.88 Residential Water 9 $1245.83 $11,212.50 Services per lot TOTAL $487,012.50 NEIGHBORHOOD MEETING If Council should chose to proceed with the project, the City would then set up a neighborhood meeting in the next few weeks with the property owners along 62nd Street to discuss the project. Items that would be discussed at this meeting would include road and water main construction, location of the cul-de-sac at the west end of 62nd Street, cost of water service installation, and the possibility of extending the sanitary sewer down 62nd Street. Since 62nd Street would be tom up due to water main construction, it would ideal to install a sanitary sewer at this time. We would like to get the residents input on this possibility and determine if a sanitary main is necessary at all, assuming everyone has a adequate septic system in place. This could be a expensive project for the City to fund since the residents would only be responsible for a hook-up charge, that would not $2,500.00 per property owner as stated in the orderly annexation agreement. At this time there is no estimate for the extension of the sanitary sewer down 62nd Street, ifthe residents favor this additional work, the Staff will prepare a cost estimate and funding options. RECOMMENDATION In order to initiate the project, and to proceed through the 429 process, staff recommends that Council first must pass a resolution authorizing staff to prepare a Feasibility Study, accept the feasibility study and set the public hearing for July 20, 1999. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99- RESOLUTION ORDERING PREPARATION OF REPORT ON 620d STREET WATER MAIN IMPROVEMENTS (pROJECT NO. 9912) and Resolution No. 99_, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT OF W ATERMAIN IMPROVEMENTS FOR 62n STREET (PROJECT 9912). Since the project is feasible form an engineering standpoint and the project is cost effective, staff recommends that Council accept the report for the 620d Street Water Main Project and order a Public Hearing to be held on July, 20, 1999. " ", . . . ., ,. . . . RESOLUTION NO. 99- ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS FOR WATER MAIN IMPROVEMENTS TO SERVE 62ND STREET (PROJECT 9912) WHEREAS, a resolution of the City Council adopted the 15th day of June, 1999, fixed a date for a council hearing on the proposed water main improvements to serve 62nd Street; and WHEREAS, ten days mailed notice and two weeks published notice ofthe hearing was given, and the hearing was held thereon on the 20th day of July, 1999, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The improvement designed Water Main Improvements to Serve 62nd Street is hereby ordered as proposed in the council resolution adopted the 20th day of July, 1999. 2. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 20th day of July, 1999. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk '. . . . MEMO To: Mayor and City Council From: Steve Russell, Community Development Director V Subject: Appeal of Planning Commission Decision Regarding Variance for Front Yard Setback at Comer of Olive Street and Deerpath Date: July 8, 1999 This item was heard by the Planning Commission at their meeting of June 14, 1999. The lot is located on the northwest comer of Olive Street and Deerpath. The Deerpath subdivision is built out with the exception of this comer lot. The lot slopes back to the rear. The City Engineer has worked with the applicant to handle lot drainage. The primarily planning concern expressed at the meeting by neighborhood residents and the Planning Commission was driveway access. The applicant requested a 15 foot setback and staff recommended a 20 foot setback. After hearing the request and comments, the Commission denied the request (see attached minutes). Recommendation: Decision on appeal. Attachments: Letter of appeal, 6-22-99, Planning Commission staff report and minutes, 6-14-99. 7P;~~:~ , .../J ~ -60 ~pae ~ ~ /777~ 4 A.~ .~~ m ~ /~ /~99 tf~ ~9CJ ~ ~ ~ ~ k&~~ /S~dtUvn, IAh ~ ~ t7)~ .;i> ~/ ~ ~ ~~ .~ ? - // r-. ~ thV zjle AtZta ~ 1f 4nfJ ~ ~ '1I/MOJ~ b -CAd. - 99 d.)(p aJ J Wd/I.M ~ I cf/h7 . q9~'/ -~Cl46 ti) . . . . PLANNING APPLICATION REVIEW FORM CASE NO. V/99-24 Planning Commission Date: June 14, 1999 Project Location: 290 Deerpath Avenue Comprehensive Plan District: Single Family Residential Zoning District: RB Applicants Name: Marcia Kilbourne Type of Application: Variance Project Description: A variance to the front yard setback (30 feet required, 15 feet requested) for the construction of a residence. Discussion: The applicant requested a variance to construct a residence at the same site as the above address on October 10, 1994. The case was continued indefinitely. At that time, the applicant was requesting a 20 foot setback rather than a 15 foot setback from Deerpath Avenue right of-way. Twenty feet is required to park a car in the garage. It is staffs recommendation the original twenty foot setback be granted for the following reasons: (a) Twenty foot setback was originally requested; (b) the intersection ofDeerpath and Olive is busy and a structure closer to the street could contribute to the danger ofthat comer. Conditions of Approval: 1. The front yard setback shall be 20 feet. 2. A silt fence shall be installed and maintained on the north side of the site. 3. Drain spouts on the house and garage shall direct stormwater to Deerpath. 4. Drainage plan approved by the City Engineer. Recommendation: Approval: as conditioned. 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Case No: Date Filed: Fee Paid: Receipt No. : ~<;Cj~ PLANNING ADMINISTRAtiON FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED: FEE _ 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 Subdivision* $100+$5011 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. All supporting material (Le., photos, . sketches, etc.) submitted with application becomes the property of the City of Stillwater PROPERTY IDENTIFICATION Address of Project ..2 90 ~~ PA7l( Assessor's Parcel No~tJ a50 :<tJ 13 ~. Zoning District I-A Description of Project AI AU tfr;t,/fE . "I hereby state the 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: ~/;14:~cJ;e~~ Mailing Address7/~ cd . /LK/A/t:;. City - State - z~'L/#~ ./9# Telephone No. ~3C)-2b6?" ~~. Signature Representati~ ~-uc- Mailing Address City - State - Zip Telephone No. Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) ~ Land Area Height of Buildings: ~~.. s Principal Accessory x /33- ? Feet .?Z-~'SO . Revised: September 16, 1998 Total building floor Area /600 - sq. ft. Existing ---- sq. ft. Proposed- sq. ft. Paved Impervious Area' . sq. ft. // Number of off street parking spaces provided .z..i::;. C&~ 10. &l ~ ~ Vidnity Mlp 5 ~ -I 144.95 :e N ~ 2 !:: ~ 157 (I"") X W ;! z <'*I :; ~ ~ ~ 30 157 VACATEDWESTO VES WEST OL ~:S' 4 3 2 50 6 5 4 6 [i! (C4M) [i! 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Planning Commission June 14, 1999 Present: Jerry Fontaine, chair Glenna Bealka, Russ Hultman, Holly Owen, John Rheinberger Darwin Wald and Terry Zoller Others: Community Development Director Steve Russell Absent: Kirk Roetman and Tom Weidner Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Rheinberger, moved approval of the minutes of May 10, 1999; all in favor. . Case No. V/99-23 A variance to the front yard setback (30 feet required, 25 feet requested) for construction of an addition to an attached garage at 1035 3rd Ave. S. in the RB, Two Family Residential District. James and Paulette Hoy, applicant. Mr. and Mrs. Hoy were present. They explained the request is to add room so they can park vehicles in front of the existing laundry room, and they noted there is no other place in the basement or first floor of the home to relocate the laundry. No neighbors objected to their plans, they said. Mr. Rheinberger asked whether cars could be parked in the driveway if the variance is granted. Mr. Hoy said it is 25' from the garage to the curb. Ms. Owen asked if there was a possibility the city might construct sidewalks in that area in the future; it was noted that is unlikely since the street is a dead-end. Mrs. Bealka, seconded by Mr. Zoller, moved approval as conditioned; all in favor. Case No. V/99-24 A v 'ance to the front yard setback (30 feet required, 15 feet requested) for construction of a r . ence at 290 Deerpath in the RA, Single Family Residential District. Marcia . . ant. Ms. Kilbourne was present. She noted the request is for a 20 feet setback as conditioned by staff, rather than 15 feet as stated in the agenda packet. It also was noted that a drainage plan has been approved by the city engineer. Tim Bell, 266 Deerpath Court, stated his opposition, citing concerns about traffic at the Deerpath/Olive Street intersection, noting the City is going to be trying some traffic changes at that intersection. He said his biggest concern, however, is the flooding caused in neighboring properties due to the runoff from the property in question. He provided a copy of an SEH report dated Nov. 12, 1993, which stated the firm recommended that Ms. Kilbourne's lot not be developed until there is a resolution to the flooding problem on properties on Deerpath Court. 1 . . . Planning Commission June 14, 1999 Mr. Bell further stated that when the lot was for sale, he went to the Washington County Courthouse where he was told it wasanunbuildable site and a prior dump site. Also speaking in opposition and expressing similar concerns regarding drainage and traffic were the residents of278 Deerpath, 261 Deerpath, and 278 Deerpath. Ms. Kilbourne suggested that Mr. Bell had a flooding problem before and noted she had a drainage plan which included plans for a swail and benning. Mr. Fontaine asked if City Engineer Klayton Eckles had approved the drainage plan. Mr. Russell said Mr. Eckles is aware of the issue and has developed a plan to satisfactorily handle the drainage problem. Mr. Zoller spoke of the ongoing traffic problem at the Deerpath/Olive intersection and noted that if a house is constructed any closer to the intersection than allowable, it would cause greater problems. Mr. Hultman noted it might be costly, but Ms. Kilbourne could move a house farther back on the lot. Ms. Kilbourne said it would be difficult to move a house farther back on the lot due to the depth of the previous dump site. Mr. Zoller said the primarily issue is the setback due to the traffic problem. He moved to deny the variance. Mr. Hultman seconded the motion. Motion to deny passed unanimously. Case No. SUPN /DR/99-25 A special use pennit for construction of an office building, bar, restaurant, conference center and lobby connector and variance to parking (409 provided, 459 required) at 606 N. Main St. in the CBD, Central Business District. John Lang, Territorial Partners, applicant. Present for the discussion were Mike Borum and John Lange of Territorial Partners, architect Mark Finneman and a representative of Wispark. When asked what was different about the proposal, other than use, Mr. Lang noted the applicants had never appeared before the Planning Commission with a request for parking and variance. He noted the parking requirement is different for office use as opposed to the hotel previously proposed. The City requires 459 parking spots for the current proposal. The site plan provides 450 spots, he said; some of those are located on City property and some are closer to the lot line than the required 10 foot setback. Mr. Finneman explained the plan is a way to accommodate green space and parking. Thirty-seven parking stalls are on city land, he said, and some have a zero setback from the wall. It was noted there is some on-street parking and parking across the street; there could be some shared use of the office parking on the weekends, it was pointed out. Mr. Fontaine asked if the developers were aware of the conditions of approval recommended by staff. Mr. Lang questioned condition No.2 (the requirement that developers install and maintain a trail), saying at this point, he has no idea of the potential cost involved. Mr. Russell pointed out that the developers are proposing to use City property for parking, which could be a trade-off for requiring the trail. 2 . . . r illwater '~ .- - ~ TH~IRTHPLACE OF MINNESOTA I) NOTICE OF PUBLIC HEARING VARIANCE Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, July 20, 1999, at 7 p.m. in the Council Chambers of City Hall, 216 North Fourth Street, to consider an appeal from the Planning Commission's decision from Marcia Kilbourne for a variance to the front yard setback (30 feet required, 15 feet requested) for the construction of a residence at 290 Deerpath in the RA, Single Family Residential District. Case No. V/99-24. All persons wishing to be heard with reference to this request will be heard at this meeting Steve Russell Community Development Director Publish: July 9, 1999 CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 t "i ~, " v MEMO e: From: Subject: Date: Mayor .and City Council Steve Russell, Community Development Director IL-- Zoning, PUD and Subdivision Review of Green Twig Villas Development July 9, 1999 The following planning cases are included in this staff report: 1. Case No. ZAM/99-2. Zoning Ordinance Amendment designating 14.20 acres ofland located on the east side of Long Lake in the 62nd Street North Planning Area, Lakeshore Residential, LR, (minimum lot size 20,000 square feet) from Agricultural Preservation, AP. City of Stillwater, applicant. 2. Case No. ZAM/99-3. Zoning Map Amendmentdesignating 11.90 acres ofland located west of CR 5 at Curve Crest Blvd in the 62nd Street North Planning Area to Townhouse Residential, TR, (minimum lot size 5,000 square feet per dwelling unit) from Agricultural Preservation, AP. City of Stillwater, applicant. 3. Case No. PUD/99-18. Concept Planned Unit Development review of26.18 acres ofland comprised of single family lots (13 lots on 9.27 acres), 86 townhome units on 11.90 acres and approximately 5.01 acres of park land, Green Twig Villas Development, located west of County Road 5 and east of Long Lake in the 62nd Street North Planning Area. Tim Nolde, applicant. . Case No. SOO/99-19. Preliminary plat review resubdivision of 4 existing lots consisting of26.18 acresinto 16 lots, 13 single family lots (20,000 square feet minimum), 2 townhouse lots of6.62 and 5.28 acres and 5.01 park located in the 62nd Street North Planning Area between CR 5 and Long Lake. Tim Nolde, applicant. The Villas Project is located in the Phase I expansion and 62nd Street North Planning Area. The area is currently zoned Agricultural Preservation. Consistent with the 62nd Street Plan the proposed zoning is Lakeshore Residential, LR and Townhouse Residential, TR (Staff reports for each rezoning are attached). In addition to the rezonings, a concept PUD plan and preliminary platis proposed for the development site. Staff reports for PUD review and preliminary plat approval are attached. The rezonings and plan approvals have been approved by the Planning Commission, April 12 and May 10, and the Joint Planning Board, June 23, 1999. Briefly, the Green Twig Villas proposal is for a 13-10t subdivision (lots size 20,000 square feet) and a 86 lot Townhouse development (50 rental units and 36 for sale units). The proposal shows the dedication of park land next to Long Lake as called for in the 62nd Street North Plan and sidewalks and pathway to provide access from the residential area to the dedicated open space, CR 5 trail and the 62nd Street Long Lake Trail. ~ landscape plan is provided that enhances street design. and buffers and screen the.~~ject from adjacent areas. .publIc utilIties/draInage plan shows how Site runoff wIll be managed before flOWIng Into Long Lake. An outlet to Brewers Pond is shown. The site plan shows two play areas. A concern for project design is the lack of rear yards for the townhouse " , ,~ ", tJ Mayor and City Council Page 2 July 9, 1999 . units on the westerly end of the project. A section of the project in that location shows that some of the units will have very little assessable rear yard. It is suggested the developer look at moving the living space in the residence closer to the front to provide a rear yard area for a patio and small yard area. The grading/drainage and utility plan is being reviewed by the City Engineer (comments enclosed). Based on the 62nd Street Plan and feasibility study, access to the site is provided form an extended Curve Crest Blvd. The road dedication and access as provided in the City studies has been provided by the development. The actual dedication and/or City purchase of the right of way will have to be determined as part of the development agreement before final plat approval. The proposal is for a 13-10t subdivision and concept PUD approval. Before construction of the townhome portion ofthe project, the design of the units would be reviewed through final PUD approval. Recommendation Approval of: a. ZAM/99-2 Rezoning Lakeshore b. ZAM/99-3 Rezoning Townhouse c. PUD/99-18 Concept PUD 86 Townhouses d. SUB/99-19 16-10t subdivision, 13 residential lots. Attachments: Planning Commission Joint Board Staff reports and application. Conditions: 1. A development agreement shall be entered into before final plat approval. 2. The design of the townhomes shall be approved with final PUD approval. 3. Comments from the City Engineer shall be addressed before final subdivision approval. . . . , << . . . ..I . Memorandum July 14, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles ~ ~ y City Engineer SUBJECT: Engineering Review of the Preliminary Plat for Green Twig Villas DISCUSSION: The Green Twig Villas project proposes 13 single-family lots on a cul-de-sac extended off Nightingale Boulevard and 86 multi-family units offthe new Curve Crest Boulevard. Some of the multi-family units will be rental units. The proposed layout, grading plan and utility plan contain numerous issues and concerns related to engineering. Many of the problems related to this site development are a result of the high density and the multi-family area and the style the multi-family being proposed. In order for this development to proceed forward, numerous variances and approvals for alternative design standards will be necessary. Council will need to weigh the benefits to the community and the development versus the negative effects ofthe substandard aspects ofthis development. The large number of units proposed make it impossible to achieve normal setbacks from the street, storm water ponds, and wetlands. The result is that variances will be required from the setbacks from many of the wetlands. Also, there is little or no backyard in most of the units as shown on the grading plan (see the cross section drawing). This plan precludes placement of patios and/or decks on most ofthe units. Council should weigh these factors carefully, as there are numerous examples of situations such as this that the City has been criticized for approving units with these kinds of shortcomings. Examples include some of the units in the Calibre Ridge development, where retaining walls were built around a wetland just a few feet from the back doors ofthe units. In addition, properties on Towne Circle have examples of units where inadequate space was available to achieve adequate drainage away from the units. The high density and large size ofthe multi-units also create problems with the grading plan. Since the units are on long flat slabs and very close to the road, the change in elevation over the site is minimal. This results in many of the street grades being at or near the absolute minimum grade and some of the backyard drainage being at or below minimum slope. One significant issue concerns the units adjacent to the large storm water pond on the south end ofthe project. The high . ,,; , l " July 16, 1999 water elevation for this pond is proposed to be 905.5. Bonestroo recommends that the units along . this pond be at least 2 feet above this high water elevation. The proposed plan would instead create a berm between the units that would separate the pond from the backyard of the units. The units are proposed to be at a 906 elevation, 1.5 feet below the recommended elevation. The site also has a significant shortage of material and some grading problems. As it turns out, the extreme west end of the site near Nightingale is too low to allow for gravity sanitary sewer flow into the homes. Three options f<;>r dealing with this shortcoming in the development plan include radically altering the proposed grading and design concept, installing a local lift station to serve the half dozen homes that will need it to gain gravity sewer, or to install grinder pumps in each of the individual units in the basements. This option is the most desirable from the City's standpoint in that lift stations are extremely costly to operate and maintain, and require a high level of emergency preparedness. One condition of approval of the development should be a requirement that the developer notify potential buyers of the need for grinder pumps in the basement. Council should determine if it is comfortable with this proposal. Another significant aspect ofthis project is that it proposes alternative design standards for the streets. The streets are proposed to be approximately a 26-foot wide driving surface. Also, the cul-de-sac at the end of Nightingale Court is smaller than our normal standard and hammerhead turnarounds are proposed in several locations instead of cul-de-sacs. There are some trade-offs in terms of mobility, parking, and accessibility with these alternative design standards and Council needs to determine if the benefits of this development outweigh the tradeoffs. . In addition to these rather subjective and policy driven issues there a number of specific items that engineering has identified listed below: 1. In order to allow this development to occur and provide public utilities to the site, right-of-way is necessary to construct Curve Crest Boulevard Extension. The proposal shown is unclear how the dedication of this right-of-way is to occur. This needs to be clarified before approval. 2. Show all easements for utilities and provide adequate separation from the building envelope. 3. Currently, the grading plans only show the proposed first floor elevations ofthe single and multi-family units. The City requires that the developer provide the proposed first floor elevation, the lowest floor elevation, and the garage floor elevation. Given the nature ofthe site, it is important that the building elevation be strictly maintained. All drainage swales should have an absolute minimum slope of 1 % (2% is preferred) and street grades should be modified to eliminate some of the extremely flat areas. 4. Storm sewers discharging off the site should be connected to the proposed City trunk storm water line running past the site. Currently, the proposed storm sewer discharges into the existing drainage swale that has significant erosion potential. . 2 \ 1 \', . . . July 16, 1999 5. Due to the shallow nature of the sanitary sewer, there appears to be numerous possible conflicts between sanitary sewer, water services, watermains, and storm sewers. Final utility plans should include an analysis ofthe various crossings and conflicts that are likely to occur. The final plan should also include 100% compaction wherever the sanitary sewer is proposed to be installed in fill areas. 6. It should be verified that all units would have a low floor elevation of 2 feet above the emergency overflow elevation of various ponds and wetlands in the area. 7. The utility plan as proposed shows a watermain extension from Curve Crest Boulevard all the way to Nightingale Boulevard as a dead-end line. This results in a line over 1/4 mile long as a dead end. Extending the line approximately 200 feet north on Nightingale will provide for looping, this should be a requirement. 8. If the project proceeds, it should be a requirement ofthe developer that all construction traffic gain access to the site via County Road 5. Nightingale Boulevard should only be used by local traffic. 9. The developer must contribute to the Trout Stream Mitigation Project ($3,885/acre Single Family; $4,857/acre Multi-family), the trunk sanitary sewer cost (estimated $3,500/acre) and the trunk watermain ($2,200/acre) and sign an Agreement of Assessment and Waiver ofIrregularity and Appeal to accept the lateral sewer, water, storm and street improvement assessments ($69,923.00). These fees are based on gross acreage less wetlands and are collected as per the details of the developer's agreement. 10. Obtain engineering approval on plans and specifications. RECOMMENDATION: Staff recommends Council first consider the merits of granting variances from normal standards. If Council elects to approve the plan in its present form, staff recommends Council do so with the conditions listed above. 3 ,Ii 1 J MEMO . To: From: Subject: Date: Joint Stillwater CitylTown Board Steve Russell, Community Development Director V Green Twig Villas Development Review June 10, 1999 The Green Twig Villas project site is located within the Phase I expansion area. This area as annexed to the City in 1996. The area is currently zoned Agricultural Preservation, AP. The City of Stillwater decided to have a specific area plan prepared for the area to better address street access, drainage, park and trail issues. A 62nd Street North Area Plan was prepared last summer. The plan located street access points to the vacant lands, provided direction for management of on-site and off-site drainage that impacts the site and area and provides a plan for trail improvements and park dedication. The Plan also better defined land use between the single family Nightengale single family neighborhood and proposed townhouse residential area located along CR 5. Land use and residential density was related to street access and existing residential character as well as proposed use. The 62nd Street North Area Plan is a refinement to the Comprehensive Plan. The Joint Board approved the Comp Plan Amendment for the 62nd Street Area on January 20, 1999. . The Stillwater Planning Commission first reviewed the Green Twig Villas application at their meeting of April 12, 1999. At that meeting, they approved the zoning amendments and continued the PUD and subdivision request. The PUD was referred to the City Council for private/public street determination at their meeting of April 20, 1999. Between the Planning Commission meeting of April 12 and May 10, 1999, the project design was reviewed to address city street, utility and trail and park concerns. Attached to this report are Planning Commission staff reports for the following related Green Twig Villas cases. 1. ZAM/99-2 Rezoning Lakeshore. 2. ZAM/99-3 Rezoning Townhouse. 3. PUD/99-18 Planned Unit Development, 13 Single Family Lots, 86 Townhouse units and Park. 4. SUB/99-19 Sixteen Lot Subdivision, 13 Single Family Lots, 2 Townhouse units and Park. Recommendation: Decision on above applications. The Joint Board must approve the ZAM's and review and comment for consistency the PUD and SUB. . Attachments: Staff reports ZAM/99-2, ZAM/99-3, PUD/99-18 and SUB/99-J9. , , , , ' . . . MEMO To: From: Subject: Date: Planning Commission Steve Russell, Community Development Director Zoning Ordinance Amendment Rezoning 14.28 Acres of Land Lakeshore Residential, 20,000 square foot minimum per lot, from Agricultural Preservation, AP. City of Stillwater, applicant. Case No. ZAM/99-2 April 9, 1999 ;v- The request is to rezone lands within 1,000 feet of Long Lake Lakeshore Residential, minimum 20,000 square feet per lot (see map). This designation is consistent with the recently adopted 62nd Street North Area Plan and the Shoreland Ordinance (see attached proposed land use map). A 9.27 acre, thirteen lot subdivision is part ofa larger 26.18 acre subdivision application. A 5.01 acre lakeside park is also designated Lakeshore Residential. Case SOO/99-19 considered later on the Planning Commission agenda. Recommendation: Approval Attachment: Lakeshore Residential Zoning Ordinance and proposed map. CPC Action on 4-12-99: +8-0 approval. ... ~ J o U ~ ". z. z. ~ ~ CAMPUS RESEARCH I: ~ AND DEVELOPMENT i )"~I! . ',~~":-4f!.'" ~i-"I'" 4 ~"rJ ~2A/v(5mur/f/b/'7hAf4n ,hU>;:?OJ.e:~tq-/1ve~ (&mj ?14r-j) C.. CAMPUS RESEARCH AND DEVELOPM~NT FRONTAGE ROAD .' ....... .......... '''''', :'~. :.1If't' . ...~.r HIGHWAY 36 STILLWATER, MN NORTH 62ND PLANNING AREA CONCEPT PLANS J[J,I Bones/roo Rosene 8 Anderlik & .\1. Associates Eng/tIHt7 oS kchIt_ . . . ~ 'f , ./ i C) t .r- STEVENS ..... DG0C"D:R8. svrrz 27'0 - ~'""'":io.. _...,.. -. .._.... ,.....-('7.. (...)400-2Im (7 >>UfCl(~ PllWWlHAAY PUT Sl'U.....~ ...-eso'''' ~~~~~~~A. :':::i:"~ ~" . I 8+ .. .......... ~ 1 ~ \ ~ ~ 31-1 STILLWATER CODE be the average ofthe setback of the two adjacent main build- ings; or if there is only one adjacent main building, the set- back of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required. 2. Comer yard. For comer lots where the comer side yard set- back or front yard setback for the main building on the adja- cent lot on the same street is less than the required setbacks, the comer lot setback for the adjacent main building shall govern, but in no case shall a setback of less than 20 feet be allowed. 3. Side yard. When there is an attached garage on one side of the dwelling, the garage set- back is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the ga- rage is a minimum of 15 feet from the nearest structure on the adjacent lot. 4. Side and rear yard. An acces- sorystructure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard .setback of five feet. COrd. No. 669, 9-15-87; Ord No. 860, ~ 1, 5-19-98) Subd. 11.1 LR lakeshore residential district. (1) Residential buildings and uses. In the Lakeshore district, the following build- ings and uses and their accessory build- ings and uses are permitted: a. Dwelling houses each occupied by not more than one family. b. Parks, playgrounds and other open space areas. (2) Permitted uses with special use permits. In a Lakeshore residential district, the following buildings aI?-c;l uses and their accessory buildings arid uses are permit- ted by special use permit. a. Home occupations subject to all pro- visions of the zoning ordinance reg- ulating home occupations. (3) Accessory buildings and uses. Uses and buildings incidental to permitted or spe- cial permitted uses are subject to the following regulations: a. All accessory structures must meet the requirements for the bluff and shoreline set forth in subdivision 33, shoreland management regulations. b. No retaining walls may be con- structed to create yard areas or sites for swimming pools. c. No accessory buildings or uses that result in the cutting of trees or clear- ing of vegetation are permitted. (4) Deuelopment regulations. Prouision Area, setback, and height regulations: Single Family 1. Maximum building height: Main building Accessory building (garages) Minimum lot area 2. SuPp. No.1 CD31:12 l~ 2112 stories and 35 feet 1 story and 20 feet 20,000 square feet ~-.. I, 1 t . -- , /1-= , , -" . e , ZONING Provision ~ 31-1 3. 4. 5. Single Family 80 feet 170 feet Minimum lot width Minimum lot depth Minimum front yard requirements Front yard-House Front yard-Garage (front facing)1 Front yard-Garage (side loading) Side yard Interior House Garage Comer House 25 feet Garage 25 feet 7. Rear yard (any building) 85 feet from OHW 8. Frontage Requirement2 35 feet IFront facing garages must be setback at least six feet more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. ~ere two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 25 feet 32 feet 20 feet 6. 10 feet 5 feet (5) Design review. Administrative design re- view by the community development di- rector is required for all permitted and specially permitted buildings or uses in the Lakeshore district. Building siting, grading, drainage, tree protection and ero- sion control measures must be reviewed by the community development director for each development site. (Ord. No. 854, ~ 2,2-17-98) Subd. 11.2 TR traditional residential district. (1) Permitted buildings and uses. In the tra- ditional residential district, the following buildings and uses and their accessory buildings and uses are permitted: a. Dwelling houses each occupied by not more than one family. b. Parks, playgrounds and other open space areas. (2) Permitted uses with special use permits. In a traditional residential district, the following buildings and uses and their accessory buildings and uses are permit- ted by special use permits: a. Home occupations subject to all pro- visions of the zoning ordinance reg- ulating home occupations. b. Accessory dwelling units are permit- ted special uses in the TR district subject to the following regulations: 1. Lot size must be at least 10,000 square feet. 2. May be located on second floor above the garage. 3. The accessory dwelling unit must abide by the primary struc- - ture setbacks for side and rear setbacks. 4. The accessory dwelling must be located in the rear yard of the primary residence or be set back from the front of the lot beyond the midpoint of the primary residence. 5. Off-street parking requirements for an apartment and single family residence (four spaces) must be provided. 6. Maximum size of accessory dwelling is 800 square feet. 7. The application required de- sign review for consistency with the primary unit in design, de- ,;tailing, and materials. Supp. No.1 CD31:13 I} MEMO To: From: Subject: Planning Commission Steve Russell, Community Development Director tf./ Rezoning of 11.9 Acres of Land Townhouse Residential (TR), 8.7 duJacre, located west of CR 5 and Curve Crest Blvd. Case No. ZAM/99-3 April 9, 1999 Date: The request is to rezone 11.9 acres ofland Townhouse Residential (residence per 5,000 square feet). The proposed is consistent with the Comprehensive Plan (see attached proposed land use map). A related concept PUD is proposed for the site and appears next (Item 8) on your agenda. Recommendation: Approval Finding: The rezoning is consistent with the Comp Plan. Attachment: Maps proposed land use and zoning and townhouse residential zoning district requirements. CPC Action on 4-12-99: +8-0 approval. . . . .67m .~2A/c(5f~A/f;/l-7Jl4t.?/an ~;?o.Je~~rJcR ce- (C&7 ?4" ) [. ---- .... ~ :l o U ~. ~: z: ~~ .~ CAMPUS RESEARCH AND DEVELOPMENT CAMPUS RESEARCH AND DEVELOPMENT FRONTAGE ROAD .N. .,,-~..,t'l' . ......'-:-.."'.... .....l"....,..n'..a:.t .~; HIGHWAY 36 STILLWATER, MN NORTH 62ND PLANNING AREA CONCEPT PLANS ~ Bonestroo Rosene .~ Anderllk & '\J' Associates Elt(Jlnun & ArchIt_ 2A-rYJ/99_ ~ .+1 "\ I 100 200 JOG ~ .--.--.~.-- ) LONG l.}J(E 'S / 1J..f 11 M (;-1<.. . g B ~Ui ~ ~~f ~ ~ L, J IUh~ i 'tJt !!I! !r;x hEb U~J 6B~X ~'t'~ -~!! ~ ~ ! t .. ; g I ~ i ~ i i ! ~ E . ~~ I ,; rJ E ~iih ~~ !e ! Ii or 8. f 31-1 STILLWATER CODE . e must have habitable space above the garage and 25 percent must have front porches extending in front of the residence. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house eleva~ions. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. (Ord. No. 854, ~ 4, 2-17-98) Subdivision 11.4. TH townhouse residential dis- trict. (1) Permitted buildings and uses. In the townhouse residential district, the follow- ing buildings and uses and their acces- sory buildings and uses are permitted: a. Single family residences. b. Parks, playgrounds and other open space areas. (2) Permitted uses with special use permits. In a townhouse residential district, the following buildings and uses and their accessory buildings uses are permitted by special use permit: a. Attached single family residences. b. Home occupations"subject to all pro- visions of the zoning ordinance reg- ulating home occupations. (3) Development regulations. . Provision Area, setback and height regulations: Maximum building height Minimum lot area per unit Minimum. setback Residence Garage front facing Garage side facing Minimum side yard setback Minimum rear yard setback Minimum setback between buildings 1. 2. 3. 4. 5. 6. Single Family 21/2 story, 35 feet 5,000 square feet 20 feet 25 feet 20 feet 25 feet 25 feet 15 feet (4) Design review. Design review is required for all permitted and specially permitted buildings or uses. (Ord. No. 854, ~ 5, 2-17-98) Subd. 12. RB-two-family district. RB-two-fam- ily districts shall be regulated as follows: (1) Permitted buildings and uses. In the RB- two-family district the following buildings and uses and their accessory buildings and uses are permitted: a. All buildings and uses permitted in . the RA-one-family district as set forth in subdivision 11(1) of this section. Supp. No.1 rRw..._ ..._.. CD31:16 b. Dwelling houses, each occupied by not more than two fllmilies. c. Customary home occupations car- ried on for gain in the main building, provided that no nonresident help is employed for the purpose, no more than 25 percent of the total floor space of the building is used for the purpose, no articles offered for sale shall be displayed so as to be visible from any street and only articles made upon the premises shall be sold or offered for: sale thereon. . /(P MEMO . To: From: Subject: Planning Commission Steve Russell, Community Development Director fl-- Request for Concept PUD and Preliminary Plat Approval for 13 Single Family lots and 86 Attached Residential Units. Cases PUD/99-18 and SUB/99-19 May?, 1999 Date: This item was before the Planning Commission at the regular April 12, 1999 meeting. At that time, issues regarding right of way/street width, public or private street and park dedication were discussed and plans referred to the City Council and Parks Board for cOIIllllent. The April 12, 1999 staff report is attached. Since that meeting, the PUD request has been reviewed by the Parks Board and City Council. City engineering, fire and planning staff have also met with the developer to review public utility and project design issues. The Council reinforced their policy for public streets and Parks Board supported the proposed park. Attached to this report is a set of revised plans. The new plans reflect the direction of the City Council and Parks Board and input from the City Engineer and Fire Chief. . Changes to the plans include establishing a 50 foot right of way including 24 foot street, 5 foot sidewalk (1 side) and a landscape boulevard area along major streets with 20 foot minimum building front setbacks. The streets would be public. Hammerheads have been added to the ends of the streets to accommodate turn arounds. . The wider right of way has pushed some townhouses to within 11 feet of the rear property line along the south side of the entrance road. This area overlooks the City owned stormwater ponds. The width of the cuI de sac extension off of Nightingale has been reduced although the right of way width remains at the City standard. The width is consistent with Nightingale width. A revised preliminary landscape plan has not been submitted but should be provided before final concept plan approval. The landscape plan should show how the single family lots will be screened and buffered from the ends ofthe streets with street and site landscaping. Additional off street guest parking has been incorporated into the street design to accommodate special event activities. The sidewalks/pathways system is consistent with 62nd Street, Nightingale Blvd, through the neighborhood to CR 5 and on one side of most development streets. . The proposal shows 5.01 acres of park space. Based on the development density and park " ',' . . . Planning Commission Page 2 June 9, 1999 dedication policy, 3.12 acres of parks is required for dedication. The attached map shows the total acres of park outside of the 100 foot drainage easement at 4.12 acres. A neighboring property owner holds a scenic easement over approximately .63 acres, resulting in 3.49 acres of land shown as unincumbered park dedication. The difference between required dedication and proposed park subtracting land already incumbered by scenic or drainage easements is .37 acres. The City will purchase that additional park land using in lieu park fees from other projects. The Fire Chief and City Engineer may have additional comments on the revised plans that will be presented at meeting time. Recommendation: Continued review of proposed development with additional information. Conditions of Approval: 1. The feasibility extent, phasing, costs and method of construction of public improvements shall be approved before any [mal PUD or subdivision approval. r ~ i The final design ofthe attached townhomes and apartments shall be reviewed and approved by the Planning Commission before [mal PUD approval. 3. A preliminary landscape plan with berms and screening of hammerheads and street trees shall be submitted and approved before concept PUD approval. Attachments: CPC staff report 4/12/99 and revised plans. CPC Action on 5-10-99: +7-0 approval . -- .----.------------------- S 70 0 70,' 140 Feet 1 I DMIJ t,;"",.. 6qS~ (fS 56E)J1C-, .eCfSh11 rot- -------..--.-----..-.------- - ?\ ~ V\ " , .' .~ . . CITY OF STILLWATER MEMORANUM TO: Mayor and City Council Steve Russell, Community Development Director ~ FROM: DATE: April 15, 1999 SUBJECT: Request for Private Streets in 86 Unit Townhouse Attached Housing Development, Green Twig Villa Located West ofCR 5 at Curve Crest Blvd. DISCUSSION . . . The developer for the site is requesting that the private street be allowed for the deyelopment. The normal street right-of-way width for local streets in a subdivision is 60 RIW and 32 foot streets. Streets in the Legends/Liberty Development were allowed to be narrower to establish a more pedestrian related streetscape. For the Legends./Liberty Project areas the RIW is 50' with a 10' utility easement. In that area, typically streets are 28' with 8-foot boulevards and 5' sidewalks. Sidewalks are on one and both sides ofthe street depending on street use and adjacent residential areas. .... The PUD Green Twig Villas Project was presented to the Planning Commission April 12, 1999. Staff expressed concerns for street width and other utility improvements. (See attached staff report). After hearing the proposal, the Planning Commission continued its review until their May meeting to get input from the council on the private vs. public streets issue and the Parks Board on the purchase ofthe 5.01 acre lakeside park (3.12 acres would be dedicated based on subdivision park dedicati~n standards). See attached memo from the developer. RECOMMENDATION Decision on private street request. Attachment: Planning Commission staff report - April 12, 1999. Memo from Fire Chief Memo from developer '. " MEMO . To: From: Subject: Planning Commission Steve Russell, Community Development Director P Planned Unit Development and Subdivision Approval for 86 Townhouse Attached Residential Units (PUD/99-18 and SUB/99-19) April 9, 1999 Date: Background The PUD is for the 86 attached residential units on the 11.90 acre site. The subdivision request is to resubdivide 26.18 acres ofland into 16 lots, 13 single family lots, a 5.~1 acre park and two outlots of 6.62 acres and 5.28 acres for future townhouse development. The 11.90 acre townhouse area is separated into two townhouse development types. One area is next to CR 5 consisting of 5.2 acres and 50 residences. A second townhouse area is located between the denser housing site and the single family area and consists of36 residences on 6.62 acres. Two wetlands impact the site, Brewers Pond and the City Pond. The development plan shows the proposed structures setback the required 50 feet. . The development plan shows a 5.01 acre park area adjacent to Long L~e and next to the drainage easement leading from the City Pond to Long Lake. A trail and sidewalk system is proposed connecting the area to a future 62nd Street, Nightengale and CR 5 trails as called for in the Comprehensive Area Plan. Proposed Development The development type townhouse residential and density is called for in the Comprehensive Plan but the number of units proposed will probably need to be reduced to meet required public street right of way and paving standards. The City Council has receritly directed that no private streets be allowed in new developments after problems with private street and utilities in the Oak Glen neighborhood. The proposed development streets do not provide the required right of way width (60 feet or roadway width of 32 feet) and building setbacks. It is recommended that the street pattern and development pattern be reconsidered to reduce the number of dead end streets and meet street width standards. This could reduce the number of units that can be accommodated on the site. A 5.01 acre park is proposed, 3.14 acres of park is required for park dedication based on the development density. The 5.01 acre park is called for in the Comp Plan. Te:rms for dedication/purchase of the site will have to be determined before fmal plat approval. . .' " f' . . . Planning Commission Page 2 April 9, 1999 Utilities The utilities plan for the subdivision have been reviewed by the Fire Chief and City Engineer and determined to be substandard (see attached letter from Fire Chief). With the substandard plans, approval for the subdivision and PUD can not be recommended. Recommendation: Denial or continued for redesign. Conditions of Approval: 1. The utilities improvements shall be redesigned to meet city public utility standards as contained in the Subdivision Ordinance. Findings for Denial: The proposed subdivision and PUD is not consistent with subdivision public improvement standards. Attachments: Application and plans. Memo To: Steve Russell, Community Development Director Cc: KlaytonEckles, City Engineer Jim McKnight, Water Department From: Kim Kallestad, Fire Chief Date: April 7, 1999 Subject: Green Twig Villas, ConcepfPlans The Green Twig Villa Preliminary Plat and P.U.D. Plan dated March 26, 1999 does not meet the following Subdivision Code Standards ofthe City of Stillwater. Chapter 32 Subdivision 6, Section (3): g. Dead-end streets h. Private streets k. 1. Pavement width k. 3. Alternative street standards k. 4. Special conditions, parking for intensive use k. 13. Comer radii I. Cul-de-sac streets, 600 feet maximum Dead-end streets Nightingale is already an extremely long dead-end cul-de-sac. I strongly recommend against any extension of Nightingale as a dead-end. Private streets Private verses public is not an issue for the fire department, however minimum design standards remain a fire department issue whether private or public. Pavement width City code requires a minimum roadway width of32 feet. I understand there is desire by planners, developers, and some people in the community to narrow roadways. We must remember that we do live with a wintry climate. In a spirit of compromise, I can accept some narrowing; however, as Stillwater Fire Chief speaking for the good of the community and public safety, I will not support roadway widths less than twenty-six (26) feet. Even on a twenty-six foot wide roadway, I will request Council to restrict parking to one side of the street only. It goes without saying that the Planning Commission can recommend and the Council can accept designs not meeting the standards recommended by the Fire Chief. " I, . . . " . . .' Alternative street standards As stated, alternative standards are open to discussion. Special conditions Do to the intensive use (high density), additional parking stalls are recommended interspersed throughout the complex. Otherwise, emergency vehicles would likely have restricted access due to excess parking on streets at times. Corner Radii The farther a street is narrowed from the 32 foot standard, the more the comer radius must be lengthened to allow larger vehicles to navigate the street. (i.e., garbage trucks, school buses, fire engines, and ambulances) Cul-de-sac streets City Code limits them to 600 feet in length. Nightingale is already exceedingly long. I oppose extending it unless it is connected as a through street. Also, I recommend minimum cul-de-sac roadway width standards be established at diameters of seventy-four (74) feet in residential zones, and eighty-four (84) feet in commercial zones. Fire Hydrants The submitted plan does not meet acceptable standards for fire hydrant locations as provided for in the Minnesota Uniform Fire Code (M.D.F.C.), Section 903, and Appendix III-B. Using Appendix III-B as a standard, a hydrant shall be required every five-hundred feet along roadways, and every four-hundred feet on dead-ends. P.S. I'm sony my schedule did not permit me to attend the meeting with the developer. I'll gladly meet with the him at your request or his. I'm at 351-4951. '. To: Stillwater Planning Commission . From: Tim Nolde Re: 62nd Street Planned Unit Development Date: April 12, 1999 Dear Commission Members: I am appearing before you tonight to request various approvals for our proposed development. You are probably aware we have been working on this concept for the past 18 months. We have dealt with four different land. O\lmers, various public bodies, and the various concerns of the neighborhood. Tonight we submit a plan complying with those elements. We have worked closely with city staff for over a year in devising various alternative sQluti9ns for these parcels. It now appears we have resolved the vast majority of the concerns. However, Mr. Russell's'memo to your commission recommends denial of this project because of the substandard public improvement standards (Le. the lack of 60 foot rights-of-way for public streets). The key word here is "public". We assumed that our project is a Planned Unit Development (PUD) and that under such PUD. the streets are allowed to be narrower if they are "privately" owned and maintained. This is one of the major purposes of the PUD process. There are many developments in Stillwater area who have the exact types of streets and utility configuration. . We have always planned on maintaining Our streets under the private domain. In fact by not allowing such arrangement would be contrary to the city's Comprehensive Plan and the City Councils mandate to allow for affordable housing. r f such developments had to adhere to strict city standards of 60 foot right-of-ways, the density's allowed under your O\lm Comprehensive Plan could not be achieved and therefore the cost of the housing would be out of reach to that many more people. . The way it stands now, is your Plan allows for 6-10 unit per acre density. Our"present plans have an average density of 7.22 units per acre. Anything less would seriously affect this development. We negotiated with the property sellers based on these allowable densities and applicable Planned Unit Developmecit Standards. This should not have to be a "stumbling block". Last Friday we visited with city staff and discussed other alternatives. It seems the council has recommend these changes because of other developments in the city. r suggest ours is much different. The majority of the units will be O\lmed by our company (58%). The other units will be individually o\lmed and controlled by a Homeo\lmer's Association. During the course of sale it is legally required for us to disclose to the prospective buyer that our streets are private and the city has I1Q obligation to maintain or service them. We will have a Deed Restriction placed on all transfers, which would effectively notify all persons of this. In any event our lenders place very restrictive reserve requirements on our Association to have adequate monies in reserve for such repairs and replacements. I mentioned to Mr. Russell that we would be able to accommodate his desire for the boulevard atmosphere (and therefore increase our right of ways by at least 5 feet) if we could move our units that much closer to the city o\lmed property to the south of our project This would allow us to provide a very desirable walking trail with nice trees between the trail and the street. Also, provisions can be made to provide turnarounds for emergency vehicles on our dead-ends streets. We have also agreed to provide a buffer between our single family development and the to\lmhomes. This would include a combination ofbenning and tree transplantation. Another solution to the problem would be for the city to allow for less ofa right-of way area. We could then allow the streets to be public, thereby alleviating those concerns. A valid argument could be made for this idea, . .1 ...~.. . . . . . . : ":~~~f.~.I~~:;:':,,<, f (~~-:: . -especially since the city is so concerned about runoff and the Long Lake watershed problem. There is no valid reason for 32 foot streets in our development. There are no through streets or connecting-roadways. All of the extra blacktop would just be wasteful and harmful to the surrounding environment. Please keep in mind the affordability factor is rendering your decision. Many people have already expressed an interest in our townhomes, A tremendous need exists for townhomes in the $115,000-$125,000 price range and $600_00~900.00 rental range. Everyone would like to sell there home and downsize, please give them the opportunity. Therefore,l respectfully ask that you approve our development as submitted with the changes 1 suggested in this letter. Thank you for your consideration of this matter. cc Stillwater City Council Members '" '. LAW OFFICES OF James F. Lammers Robert G. Briggs.. fi\ark J. Vierling* . Gregory G.Galle~. Thomas J.\" eidner-k Susan D. Olson. David K. Snyder LJ rash Piletich* Eckberg. Lammers, Briggs, Wolff & Vierling. P.L.L.P.~~_ 1835 Northwestern A....enue ,." StiIlwClter. ..~\innesotCl 55082 fA t I J E kb (<3 51) 4. 3 9 - 2 8 7 8 ~. /' - -\--~..:_-. _~h______.:~_~ Paul A. Wolff fAX (<351) 439-2923 (1944-1996) *Q...lified Xeutral Arbitralor & Hediato .QualiC"ed Neutral Arb' ator .Certified Estate peciaIisl .QuaIi . e ral Hediator Direct Dial No. (651) 351-2115 April 9, 1999 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Stillwater, MN 55082 In Re: South Long Lake Bay General Plan of Development Dear Steve: . I wish to advise you that I represent Richard Huelsmann who, as you are aware, owns a parcel of property located just westerly of the proposed South Long Lake Bay Development. I have been provided with a copy of the general plan of development of the proposed South Long Lake Bay Development, and it appears that the plan as drafted does not recognize the fact that the property lying just northerly of Mr. Huelsmann's property is encumbered by a perpetual scenic easement. -:2 ~V As Mr. Huelsmann has previously advised you, the parcel of property lying I Iii directly easterly of his property is encumbered by a perpetual scenic easement dated May 20, J. / 1992, which provides in relevant part that that parcel shall not be developed or altered in any /' manner, that no improvements, including public trails, shall be constructed within that parcel, and that the purpose of the easement document is to assure that the parcel will remain in its natural undeveloped state. The easement has been recorded in the office of the Washington County Recorder, and runs with the land, and by its terms is binding upon and inures to the benefit of the successors and assigns of the original parties who signed the easement agreement. I have reviewed the North 62nd Street Planning Area Concept Plans, and the preliminary report for the Curve Crest Boulevard Extension Public Improvement Project, both of which recognize the fact that the subject parcel is encumbered by the perpetual scenic easement. . ..' ..' , . . . April 9, 1999 Page 2 In order to remove any uncertainty as to the status of the subject parcel and the perpetual scenic easement, I respectfully request that the subject parcel be deleted from the general development plans, and that it not be designated as park dedication. Should you or any member of the City Staff disagree with my interpretation of the status of the subject parcel, or should there be some problem in accommodating our request to remove the subject parcel from the development plans, I would appreciate your giving me a call. I also request that you include this issue in your recommendation to the Planning Commission and City Council. . above. Thank you for your consideration and anticipated cooperation regarding the JFL:dmr Enclosures c: Dick Huelsmann Tim Nolde : . \ WeE S \ I 300 '00 200 / \,J /' _:--::=.:= - /".... -/=- ~/,,-:..-::::~-~ ,. /........-..1,...... PROJECT DESCRIPTION DBSCllIPTION 9NQ,[ FAMR.Y DOACHm HOWES llI_OUES (roo SALE) llI'MlHONES (RDlTAJ.) DmCATED PMKI..NlD q 0 I ~~ ~V/h lw"^l5. .lCRES I1lI1TS DtNSITY EXISTING ZONING PIUSING 1.4 Wrs/ACR( AQRIClA.:n.JRAl ,... .' ,0 5.44 UNITS/ACRE ACRlCUt.TUAAL ,... ~ t.47 UNITS/ACRE AQRICUl.l\JRAL 2000 ACRICU\.1URAl. ,... e.27 AC &.82 AC 5.28 AC "01"" 1J 38 50 i ~ j i I ~ ~i 11:- c! ~ ~ ui~~ ~Ni ~ ~d i IUi~~ aiS ~tg~ jg~1 s~~~ c.~1<' !t!; .iS~ iEs8~ ~~~S aJ.~ >sa~ ~m ~ o ~~~ ~ =-s: z ~ 210 ~ ~ lil~~ I- ~;S I ~ ItS ~ !: T I j t .. I~ ! ~! ! i ~~ e l'nE~:H fi = 0 I ~ ~I i 1;:I! ! 3 01 8 .$E S \ \00 I JOG 200 " ) lONG lAKE \ . ; . . . ~ ~ i i I < ~ ~ I B ~ ~ ~ ~ ~ ~ IE t; , I :;;- to !j " ; i 0" 0 'ff-~\"--oq:M I · ~~~"~;-ii;~5i~7 '-\ I ~ I . I /". v' CO .0" 0 I I 0 " " · " I " " / '? i " L 0 I. I " I II... ."~~______ L_. If:=; / 0000 r~O 0 2 / .$E S o 1- 6 l 12 13 7 o " " " " " " " " " " " " " NOTE" _ TO CITY S'rSTDI ~rritAR~~lO OTY SlSlOI o )0: .' .~ /.~U~ ~ . \ ~~ . i ~ I i I .~ "'~ h ~I II II II W ~ ~ I a 5 :I ~ ~ ~ ~ ~ ~ ~ :: = :g ~ ;: ! . MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Solid Waste contract extension/revisions DA: July 16, 1999 Discussion: Subsequent to the workshop that was held on July 6th, Chantell and I met with Ron Gersdorf, Municipal Marketing Manager for Waste Management, to continue the discussions on provisions for the extension of the solid waste collection agreement and associated rates. Based on our discussions and our further review of rates charged by other communities in the metro area, I would recommend the following rates be approved: . Senior rate 30 gallon 60 gallon 90 gallon Current - Collection/ Disposal Yard waste Recycling Appliances Billing 12.00 13.75 17.75 (included in collection/disposal charge 2.16 2.16 2.16 (included in collection/disposal charge) n/a n/a n/a 19.75 2.16 n/a Total 14.16 15.91 19.91 21.91 Recommended rates: Collection/ Disposal 5.25 7.70 9.49 11.35 Yard Waste 1'.50 1.50 1.50 1.50 Recycling 2.40 2.40 2.40 2.40 Appliances .40 .40 40 .40 Billing ~ .20 .20 --:2Q Total 9.75 12.20 13.99 15.85 . Difference (decrease): 4.41 3.71 5.92 6.06 Note: the actual rate charged to a residence would be $.75 less per month. The City receives a "pass thru" recycling program grant from Washington County and staff would propose that the majority of this grant money be used to reduce the cost to the residents (approximately $50,000). The rates as shown above, include the cost of continuing the present "comprehensive" pickup service (comprehensive relates to the pickup of "extra waste" which includes davenports, sinks, doors, tires, batteries, motor oils, etc.). During the workshop with Mr. Gersdorf it appeared that the Council desired to continue the current comprehensive pickup service. Therefore, the rates as shown above are based on comprehensive pickup sefVIce. The previous rates were not broken down by waste category such as collection/disposal, yard waste, appliances, etc. During negotiations with Mr. Gersdorf, a rate breakdown was established to show the estimated cost of each waste category and to show the rate differential if certain services were not provided. For example, if the Council were to require payment by individual households for appliances (see attached price list) then the rates would decrease by $.40 per household. Likewise, if the Council decided to continue the current City billing then the rates would decrease by $.20. The rates would also be reduced by $1.50 if yard waste was paid for separately. Some additional amendments or provisions would be: 1. Extra household waste charge would be $1.50 per 30 gallon bag (currently $2.00 per bag). 2. Contract would contain a provision for rate changes based on changes in landfill "tipping" fees. 3. City would certify unpaid bills for collection with property taxes. This item is placed on the agenda as a public hearing. Therefore Council should allow interested parties to be heard on this matter. Council should direct staff to prepare an amended agreement for final approval at a future meeting if you approve of the changes Recommendation: Council consider approval of amendments to solid waste contract with Waste Management, Inc. 4A . .. . -- . . ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE SECTION 41-1, SUB. 3 LICENSING OF CONTRACTORS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. AMENDING. The City Code Section 41-1 Subd. 3 is amended and restated as follows: Subd.3. Application requirements. Application must be made to the city and will be granted by the city clerk upon proof of the applicant's qualifications and upon filing with the clerk a certificate of insurance evidencing comprehensive liability insurance, including projects and completed operations coverage with combined single limits of at least $600,000.00, having no exclusions for explosion, collapse or underground coverage. The certificate of insurance must provide for notice to the city of cancellation. In addition to the requirements for other contractors, no license may be issued to an electrician, plumber or mechanical contractor unless proof is provided that he is a holder of a master certificate issued by the state licensing authority of their respective trades. The applicant or any party aggrieved by the city clerk's decision may, within 10 days of the clerks written decision have the right to appeal the decision to the City Council. 2. SAVING. In all others ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of ,1999. Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk c. . . Menwrandum July 16, 1999 TO: Mayor and City Council FROM: ~ayton ~. Eckles /l....e- / CIty Engineer SUBJECT: Downtown Decorative Lighting Update Project 9821 DISCUSSION: At the July 6th Council meeting a public hearing was held on the project to installation decorative lighting downtown. The results ofthe hearing show that there is significant support from downtown business owners for the decorative lighting project as presented. Council ordered the project to proceed, but directed staff to investigate the possibility of working with an alternative company to NSP. Since the public hearing staffhas met twice with Otesco Lighting and met with NSP. Staffhas provided Council with a copy ofthe Otesco Lighting Proposal as well as a letter from NSP with their response to Council's action. The Otesco proposal shows that, for comparison purposes, that Otesco could install the lighting for approximately 10% less than the NSP proposal. It is important to point out however there are many open-ended aspects of this proposal. In addition, one of the important elements of the NSP proposal is that NSP would operate and maintain the entire lighting system for 16 and 25 years. The set price for this operation and maintenance, including all electrical costs is $8.00 per month per light. The Otesco proposal does not address this issue. The main recommendation by Otesco is that yes, they can provide the identical lighting design as NSP, but they would recommend that we step back and reevaluate the system. The Otesco proposal includes a number of possible options that are different from the NSP proposal. The main concept behind these other options would include the complete removal ofthe existing lighting system, essentially starting over. The attached letter from NSP highlights the steps we have taken to get to the point where are today. The letter also discusses the benefits of the NSP proposal as well as concerns the possibility of the City changing course at this point. The memorandum from the City Attorney is also included in the packet. This memorandum points out the issues surrounding selection of a contractor on a project that is to be assessed. Based July 16, 1999 on the comments from the City Attorney, NSP and Otesco a decision to change the process now would result in the project being delayed until the next construction season. . City Council should determine the merits ofthe existing NSP proposal versus the merits of reevaluating the downtown lighting concept. If we choose to reevaluate the downtown lighting, the first step would be to hire a consultant for formulating options, evaluating the options and presenting them to Council and downtown merchants. Upon completion of a concept the plans and specifications can be developed, where upon the project can be put out for bid and the successful bidder could begin the proj ect next summer. RECOMMENDATION: It is recommended that Council consider the options, give staff direction regarding the Council's desire. . . 2 . . . MIl Northern States Power Company OUTDOOR LIGHTING One MaiD Street NE, Suite 600 Minntapolis, Minnesota 55414 July 14, 1999 Mr. Klayton Eckles City of Stillwater 216N4lhSt. Stillwater, MN 55082 Dear Klayton: On behalf of Northem States Power we would like to thank you in advance for giving us the opportunity to provide you with information and the history surrounding Stillwater's downto\ll.'n lighting project. Our goal is to assist you in any way possible and to resolve issues or questions that will keep the project on schedule. Project History · In the early 1990' s a consultant was hired by the City to provide recommendations for upgrading the downtown area. · In the mid 19905 the City staff contacted NSP requesting assistance in implementing the consultant's recommendations with four specific goals: · select a new light unit for downtown pedestrian lighting · fmd a way to bring the existing lighting infrastructure up to NSP standards so NSP could begin to maintain the system · maximize the use of the existing lighting infrastructure · minimize the cost of implementation · City staff and ~SP personnel spent considerable time over the next several years · validating the limited plans and specifications of the existing downtown system · reviewing and detennining fmal product choices to meet the needs of the City including installing a sample pole and fIxture in the downto~n area for public review and input · meeting with various business representatives, the City Council, the Chamber of Commerce and others to establish the final project specifications. NSP Proposal Benefits · NSP is prepared to install the project in 1999 as proposed · NSP is very familiar with the project requirements as defined by the City staff · NSP is very familiar with the existing downto~ lighting system C' '7 '. G/ \J d Vld61:2 6661 'v 1 'j n f ., o"'r. 'ON (,,,G::J . III The existing Street Lighting Contract between NSP and the City allows the City to proceed with this project without the time consuming and expensive bid process III NSP offers a very affordable non-metered flat rate, for maintenance and energy which can help to simplify the City budget process III Our proposed contract offers a. 25 year maintenance package on the new installation and a 16 year maintenance package on the existing system. III NSP has almost a hundred years of experience in Streetlighting construction and maintenance III NSP crews are in the community regularly and provide emergency service 24 hours a day 7 days a week. Project Concerns III Significant investment has been expended by NSP through the last several years on the City project where every effort was made to save the City money by having NSP complete technical infonnation and engineering recommendations relative to the NSP installed system. III At no time, at least up to the public hearing on July 6, 1999, was any indication given to NSP that the many years of planning for the downtown project was to be subject to a potential bid scenario. III Identifying alternative proposals from other contracting companies will be time consuming, expensive and likely a formal bid process III Opening the project to the bidding process would likely require the hiring of an Engineering Consultant to work with the interested community partners to prepare exact specifications so that all interested bidders are bidding on the same package. · A delay in the decision to proceed with the proposal recommended by NSP will result in a delay into at least the spring of2000 resulting in a loss oithe {eatures and benefits decorative pedestrian lighting brings to the City of Stillwater. . . We are very excited by the response of the community at the public hearing on July 6, 1999. It appeacs that there is significant support for the enhancements this lighting brings to your City. We are also very excited to explore additional opportunities to enhance the aesthetics of your community as we look to further phases of this dO\\1ltovro enhancement and we would like to make it quite clear that we are not afraid to put our reputation, quality and value up against other bidders for these future projects. Thank you in advance for your consideration. Sincerely, Ocu Sarah Conners Director NSP Outdoor Lighting . US 'd 29ZS 'ON Wd61:Z 6561 'v! '!nr . . . 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 Attomey~ V DATE: July 16, 1999 SUBJECT: NSP Downtown Lighting Proposal For purposes of this opinion the term "contract" is defined as an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. (Minn. Stat. 471.345, Subd. 1) In interpreting the Statute the courts have narrowly construed the competitive bidding requirements. For example, in R.E. Short Co. V. City of Minneapolis, 269 N.W. 2d 331 (1978), the court determined that a management agreement within a contract, under which the city was to construct a parking facility in a development district to induce a developer to construct a hotel and trade complex and under which the developer was to manage the parking ramp for 20 years, was not a "contract for the maintenance of real property" within the meaning of the statute. imposing competitive bidding requirements. Also, in Hubbard Broadcasting, Inc. v. Metropolitan Sports Facilities Commission, 381 N.W. 2d 842 (1986) - Held, scoreboard system agreement whereby manufacturer, in return for supplying a scoreboard system for the Metrodome, was given right to sell or lease advertising on the scoreboard on an exclusive basis was not a "contract for materials, supplies or equipment" which required competitive bidding: Further, since NSP will own and maintain the street lights they will be providing a "Service" to the City, and contracts for service may be negotiated. It has been determined, for example, that a city is not required to advertise for bids for the collection and hauling of refuse. Op.Atty.Gen. MEMO July 16, 1999 Page 2 No. 707a-15, December 23, 1977. Although an element of maintenance is present, the primary objective is the maintenance of public health. Id. Similarly, contracts for snow removal services are not subject to the bidding requirements of Minn. Stat. 9471.345 Op.Atty.Gen., 707a, March 5, 1986. The City however is always entitled to require competitive bids even though the law permits negotiation. If however competitive bidding is chosen the City would be obligated to develop its own plans and specifications for the project and not use the plans and specifications developed by NSP. In conclusion, the City is permitted to fmalize negotiations with NSP and proceed without competitive bidding, but is also free to require competitive bids, provided we develop our own plans and specifications for the project. DTM/tam .' . . . . . TO: FROM: SUBJECT: DATE: MEMORANDUM City Council Modi Weldon, City Clerk Possible Appointment to Charter Commission July 16, 1999 The City Attorney will provide further information at the Tuesday, July 20 meeting. .. f . . . MEMO TO: Mayor and City Council FROM: KlaytonEckles \L ~V City Engineer SUBJECT: Long Lake Southeast Watershed Area Water Quality Improvements Associated With The Curve Crest Boulevard Extension Street And Utility Improvements (Project 9721) And Stillwater Market Place Surface Water Improvements (project 9721A) DISCUSSION: Plans and specifications for the Long Lake Southeast Watershed Area Water Quality Improvements Associated with the Curve Crest Boulevard Extension Stree~ and Utility Improvements are near completion. Council must approve the plans and specifications before going out for bids. Before awarding a contract, we have some unresolved issues. 1. We have not received a response from Oak Park Heights and the County regarding cost sharing. 2. Bradshaw and Nolde have not signed an Agreement of Assessment and Waiver of Irregularity and Appeal. 3. Access to property owned by Bradshaw and Nolde has not been obtained. These issues should be resolved, but staff can continue to more toward advertising the proj ect. RECOMMENDATION: I recommend that Council approve the plans and specifications for the Long Lake Southeast Watershed Area Water Quality Improvements Associated with the Curve Crest Boulevard Extension Street and Utility Improvements and Stillwater Market Place Surface Water Improvements and order advertisement for bids for the project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99-_, APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LONG LAKE SOUTHEAST WATERSHED AREA WATER QUALITY IMPROVEMENTS ASSOCIATED WITH THE CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (pROJECT 9721). .. , ., r iIlwater '~ ~ ""IiiiiO:: ~ THE BIRTHPLACE OF MINNESOTA J . April 30, 1999 Mr. Thomas Melena City of Oak Park Heights 14168 57th Street N Oak Park Heights, MN 55082 Dear Mr. Melena: Enclosed is a copy of the Curve Crest Boulevard Extension Streets and Utility Improvements Report, Market Place Surface Water Management Study, as well as a copy of my memo that was presented to the Stillwater City Council on April 6, 1999. As you will note in my memo, there is a discussion regarding the cost sharing that could have an impact on Oak Park Heights. The City of Oak Park Heights uses a 24" pipe under Highway 36 to discharge storm water into the Stillwater Market Place storm sewer system. The Market Place system then discharges across County Road 5 into a pond that flows into a ditch to Long Lake. Due to problems with erosion in the ditch, very high water velocities and volumes, and persistent water quality problems in Long Lake, Stillwater has proceeded with completing the attached Market Place Storm Water Study. . The results of the analysis that Stillwater has completed show that a pife is needed to carry water from the 62nd Street pond to Long Lake and that the 62n Street pond should be enlarged. These improvements are necessary to manage the volume of water and reduce erosion potential. In addition, a number of improvements are listed that would improve water quality. The report shows that Oak Park Heights is doing a good job of dealing with water quality protection through the use of ponding south of Highway 36. The water coming from Oak Park Heights does complicate water quality improvements in Stillwater because water from Oak Park Heights deposits directly into one of the Stillwater treatment ponds making the Stillwater pond less effective at water treatment. Oak Park Heights also does a good job of regulating the rate that the water passes into Stillwater. However, this water must still be conveyed all the way down to Long Lake. Therefore, the Stillwater system from County Road 5 to Long Lake must be designed to carry Oak Park Heights water as well as Stillwater discharges. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 '.. -t . . . Mr. Thomas Melena City of Oak Park Heights April 30, 1999 Page Two The City Council has asked me to contact all of the various parties that contribute water to the Stillwater storm water system inthis area. This includes MnJDOT, Washington County, and Oak Park Heights. We have not completed any detailed cost- sharing analysis, but we do know that all the various parties do contribute water to the system and therefore could contribute to the cost of constructing the improvements. For this reason, the City of Stillwater requests the opportunity to discuss the various improvements with your community and discuss methods and philosophies for cost sharing. Please contact me at your earliest convenience to discuss this issue. Sincerely, /<LfL~ (~<-- Klayton Eckles, P.E City Engineer KE:dfw ...,.. , . r illwater ~ ~~ THE BI R T H P LA CEO F M IN N E SOT A . J . May 26, 1999 Mr. Don Wisniewski, Director-County Engineer Washington County Public Works 11660 Myeron Avenue Stillwater, MN 55082 Subject: Request for County Cost Sharing in Storm Water Improvement Project Dear Mr. Wisniewski: Enclosed are copies of two reports that discuss a significant storm water improvement project associated with the discharge water Market Place pond at the intersection of County Road 5 and Curve Crest Boulevard. As I am sure you are familiar, significant water from the Cities of Stillwater and Oak Park Heights, Highway 36 and County Road 5 drain into the pipe system that carries water from the Market Place pond. The water flows westward toward Long Lake. Unfortunately, the system from Country Road 5 to Long Lake has never been designed or built to carry the significant flows that result from development of the upper watershed. As part of the City of Stillwater's environmental study for . the annexation area, the City analyzed existing and proposed storm water systems. As part of this analysis, we found that this system was inadequate and required attention. The attached reports discuss the storm water issue and develop cost estimates for necessary improvements. Since water from County Road 5 contributes to the system, based on normal cost sharing policies, the County would be a participant in any project. The City has completed an estimate of what a cost sharing breakdown might look like and we have found that the County's share would be approximately 13% of the $546,000 improvement, or approximately $71,000. It is my understanding that the County is currently in the budget process for the year 2000. The City contemplates doing much of these improvements in the very near future. Therefore, the City of Stillwater requests that the County include these costs in your budgeting. If you have any questions regarding this issue, please contact me at 430-8831 to set up a time to discuss this matter further. Siu1'7Y; 4 ~..- -, Klayton Eckles, P .E. City Engineer Enclosures . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 .. I . . . RESOLUTION NO. 99- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LONG LAKE SOUTHEAST WATERSHED AREA WATER QUALITY IMPROVEMENTS ASSOCIATED WITH THE CURVE CREST BOULEVARD EXTENSION STREET AND UTILITY IMPROVEMENTS (pROJECT 9721) WHEREAS, pursuant to a resolution passed by the Council on July 20, 1999, the City Engineer has prepared plans and specifications for the making of Long Lake Southeast Watershed Area Water Quality Improvements Associated With The Curve Crest Boulevard Extension Street And Utility Improvements (project 9721) And Stillwater Market Place Surface Water Improvements (project 9721A) WHEREAS, the City Engineer has presented plans and specifications for the improvements to the Council for approval and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. That the above described projects be combined and bid as one project for bidding purposes. 3. Conditioned upon receiving Agreement of Assessment and Waiver of Irregularity and Appeal and acquisition of right-of-way and easements from property owners. 4. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk. Any bidder whose responsibility is questioned during consideration ofthe bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount ofthe bid. Adopted by Council this 20th day of July, 1999. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . . MEMO July 15, 1999 TO: Mayor and City Council FROM: Shawn Sanders ~t<S Civil Engineer SUBJECT: Water Main Improvements to Serve 62nd Street Project 9912 DISCUSSION: Plans and specifications for the Water Main Improvements to serve 62nd are near completion. The bid date will be August 16, 1999 at 10:00 a.m., with bids presented to Council at the August 17, 1999 meeting. RECOMMENDATION: I recommend that Council approve the plans and specifications for the water main improvements to serve 62nd Street and order advertisement for bids for the project. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99- , APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WATER MAIN IMPROVEMENTS TO SERVE 62ND STREET (PROJECT 9912) RESOLUTION NO. 99- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WATER MAIN IMPROVEMENTS TO SERVE 62ND STREET (PROJECT 9912) WHEREAS, pursuant to a resolution passed by the Council on July 20, 1999, the City Engineer has prepared plans and specifications for the making of Water Main Improvements to serve 62nd Street (Project 9912); and WHEREAS, the City Engineer has presented plans and specifications for the improvements to the Council for approval and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. . 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Monday, August 16, 1999 at . 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on August 17, 1999, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent ofthe amount ofthe bid. Adopted by Council this 20th day of July, 1999. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . . . MEMORANDUM TO: Mayor and City Council Shawn Sanders, Civil Engineer 55 . FROM: DATE: July 12, 1999 RE: No Parking Resolution for Curve Crest Boulevard S.A.P. 169-121-010 Project No. 9721 DISCUSSION Plans are near completion for the Curve Crest extension project from County Road 5 to south of 62nd Street. This segment of road is designated as Municipal State Aid Road and must meet State Aid requirements before approval of plans of specifications. One requirement is a Council resolution designating no parking on both sides of the street since this improvement does not provide adequate width for street parking RECOMMENDATION Staff recommends that Council considers and approves the resolution to restrict parking on both side of Curve Crest Boulevard. An approved City Council resolution is required for State Aid plan approval. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 99-_, RELATING TO PARKING RESTRICTION ON S.A.P 169- 121-010 FROM C.S.A.H. 5 TO:l:: y,. SW IN THE CITY OF STILLWATER, MINNESOTA. RESOLUTION 99- RELATING TO PARKING RESTRICTIONS ON S.A.P. 169-121-010 FROM C.S.A.H. 5 TO:!:: SW IN THE CITY OF STILLWATER, MINNESOTA (pROJECT 9721) WHEREAS, THIS RESOLUTION was passed this 20th day of July, 1999, by the City of Stillwater in Washington County, Minnesota. The municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City", has planned the improvement of Curve Crest Boulevard (Street/Avenue), State Aid Route No. 121 from C.S.A.H. 5 to:l:: 1/4 mile SW in the City of Stillwater, Minnesota; and WHEREAS, the "City" will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides ofthe street; and approval ofthe proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Stillwater shall ban the parking of motor vehicles on Curve Crest Boulevard at all times. Adopted this 20th day of July, 1999. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . . ~ '. . . . MEMORANDUM TO: FROM: DATE: RE: Mayor and Council Modi Weldon, City Clerk July 20, 1999 Appointments to Human Rights Commission The terms of Peggy Perry, Jane Anglin, Heidi Presslein, Annette Tryon, and Denise Carlson expired on June 20, 1999. One student position has remained vacant for the past year. In addition, Michael Caoette has resigned, leaving a vacancy for a term to expire on January 1,2001. As required by the City Charter, a request for applications was published in the Stillwater Evening Gazette and the Courier News. The deadline for applications was May 20. Applications for appointment have been received from the following: Jane Anglin, 319 W. Maple St. Peggy Perry, 307 Edgewood Ave Chuck Hoffman, 2250 Orwell Ct. Ward 2 Ward 4 Ward 2 Reappointment Reappointment The Human Rights Commission reviewed the new application. They recommend the appointment of Chuck Hoffman to the Commission. The Human Rights Commission previously consisted of eleven members. On July 6, 1999, the passage of Ordinance No. 877 reduced the size of the Commission to seven members and removed the requirement for student membership. Although five terms have expired, one previous student position is vacant, and one member has resigned, only three appointments will now be needed to fill the Commission. Action Requested: Appointment of three applicants to a two year term, to expire January 1,2002. JUL-G1-89 THU 06:31 COURAGE CENTER FAX NQ 6124380576 P. 04 ~ ~\i~~Y1Jl'.9 ~$;~~~~:f~~~,:3~~fj;;~~fP. .-.; /',-1 ~~J:" iijt' i';;\ 'C L'~~+;/f.i !Jt.;i,Qi~?B 0~~~~~ ~ ...4~- A A_ ~""" ;'/ ~ -'A~~..~'.J.,..... ~~<- A,. "'--=,:-~ ,,-.,,-~.. I' ,=.,...... ~# ~.=P"""-....--". t,,>-=, ~"'IlJNY 1lESP1lC'f llJl":~'r" .' . Date: To: June 30, 1999 Stillwater City Council Ms. Morli Weldon Ms. Sue rnom Peggy Perry, Stillwater Human Rights Commission Chairperson Human Rights Commission Appointment From: Rc: The Human Riehts Commission currently has one opening vacated by Michael Caotte. At our JW'l.e, 1999 meeting we reviewed the application submitted by Chuck Hoffinan for this vacancy_ The members agreed that Mr. Hoffinan would be an excellent addition to our commission. The Human Rights Commission would like to recommend to the City COWlcil that Chuck Hoffman be corrunissioned to serve on the HRC. Thank you for your consideration. ~p~ . Peggy Perry Chai..rperson, Stillwater HRC StjiJwM~r Human Rights Commission. Stillwllter City HillI .216 North Fourth Street. Stillwater, MN 55ml2 . . ,/ Date: )2 !l7tJJy. qq CITY OF STILLWATER I r-' ~~'. -------~- TO ~~Oc;~~~~~~~o~IF-~ ~ u \~, .,. !i l',. MAY I 8 1009 Name: ChC1tk I/or f~t( V1 :;~ ------ Address: 2/!,Q{) Dr-we!t (!- I Sf,'!! UM{PV ./ Home Telephone: 6~ 1- 4- 31 -1 J J 1- L-- ----------.-.--" Work Telephone: -- 1. How long have you lived in Stillwater? 3:::L y rsIJSa. 2- Which Ward 2. 3. Please describe any previous experience you have which is similar to serving on a volunteer advisory boar~ommission. .1f:t?r:-Ir/J:,~~1i;2fjt} rtr:!rlf/~j~t~f:~~ tl "'4':; 13,,,,ct J Do you hJ-ve a preferred Board/Commission that you are ~t~este~)n serving on? , y es ~ No _ If yes, fill in name ofBoard/ComnusslOn: ff IA /f/J V'J ~ III J I, f s'" 5. Would you consider an alternate appointment? Yes_ No_ If yes, which one? f" u.fJn J./Ae. It 7 -{In (( #l1'1J?'.'j CC;VI~", /~<cJ-, . 6. Please describe any schedule conflicts with the regualr meeting schedules for the board/commissions (i.e., routine travel, work schedules and the like). /lVI1~ 4. 7. fb -l- 01. ~ vt::f P1? <<.. . 8. . Please describe any other relevant information you woukHike us to know. f(~ue I;~eh fv fO Ila I /oJ? ~ - P,Xfe,.,'t'L..-<? t.ul tt... Vt:1" t~,t.-1 < elA ( Jl/1re$" ~ HH Attach Additional Sheets, if necessary**** THIS INFORJ'r/ATJON WILL BE DISTRiBUTED TO COUNCIL AND IS CLASSIFIED AS PUBLIC DATA JUN-3D-99 WED 14:21 COURAGE CENTER FAX NO. 6124390576 ~ P.Ol r / V'( vLi D fl[ T- /;v Fe 0 0;) b -- 3 () - 7' 1 . ~ eY1 ~~ ~~.J~~' ~~ -6, ~~ ~. -64( /~-' ;t'-lA"r' ~ ~-- 1L, ~~ -'(7 IN f.--rr ~T. lc;~(- ?-3(7 . . '. . . . JUL-Ol-89 TP.U 06:31 COURAGE CENTER FAX NO, 6124380576 p, 03 Date: June 30, 1999 To: Stillwater City Council Ms. Morli Weldon Ms. Sue Thorn From: Peggy Perry Rc: Human Rights Commission Appointment As my commission as a member of the Human Rights Commission expires, J realize how much remains to be done. It is for that reason that I respectfully request the City Council to recommission me for another two year term. Thank you for your consideration. o . JW.n~. "'- . 7.tA ti all Peggy .Perry . 07/15/1999 07:49 6124302473 CAll.JETTE \1ICK CA~UETTE ; 0 C u. En c n t & r y I V ide 0 P: 0, Ii'u c t ion 1013 South 1st Street Stlllwater. ~N 55082 Phone 651-430-Z473 Fax 6S1~~30-~5~ e-maU' caouehelDiil.eoll FAX ..... ..------ " ~.....-' -,' Date: " ~C\'i Nwnbcr of ~ges to foftow: S Ve. S+.~~ru- Ml,~ ~v~ \-\.V'\J\.~ ~~\i.k C3~'& \..,.J 1'0: From: Subject: July 15,1999 TO; The City of Stillwater ATTNi Sue TO whom it aay concern; I have enjoyed my short tenure as a HuIIran Rights COIIIIIlissioner, bU't I regret that due to time restraints I am forced to resign the commiS8ion aa of today. I have apoken to S'OIM of the other members and offered ay future services in an advisory capacity on an informal beltr1s. t look forward to that possibility. Thank you. Michael Caouette 1013 1st. St. So. Stillwater MN 55082 430-2413 PAGE 01 - . . . . . . RESOLUTION NO. A RESOLUTION VACATING A PART OF THE UTILITY EASEMENTS WITIDN OUTLOT "D", THE LEGENDS OF STILLWATER WHEREAS, a petition was presented paying for vacation of a part of the utility easements within Outlot liD", The Legends of Stillwater, in the City of Stillwater, Minnesota hereinafter described; and WHEREAS, the City Council did determine that the petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that is was proper for them to proceed with the vacation pursuant to Minnesota Statutes 9440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the 20th day of July, 1991, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City of Stillwater and the abutting owners that land burdened by the easement be returned to the tax rolls. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the petition is hereby granted, that the following utility easement, be and the same is hereby vacated: All of the utility and drainage easements encompassed within Outlot D, The Legends of Stillwater, according to the recorded plat thereof, Washington County Minnesota. BE IT FURTHER RESOLVED, that a copy of this Resolution duly certified by the City Clerk shall be recorded in the office of the County Recorder of Washington County, Minnesota. Adopted by affirmative vote of all members of the City Council this 22nd day of July, 1999. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Modi Weldon, Clerk . . . JUL 09 '99 15:09 FR UPRR CONT AND R/E 402 997 3602 TO 916514308810 P. 01/02 \ UNION PACIFIC RAILROAD COMPANY Ra'Eii- j, /1 /)5(:: Y 3,.L~41 D~~~ M. E. HHntn Di~-AdmInistration & luc;ets O. H. LJehlwlne DItlIctGr-Real E..... T. I<. lOWl Direc$lr-AaI Estate , R.D.UhrIotI AUiIrlInt \IIw ~ , J. A. Antllony Dire=r-Conlr8da D. O. BI';IIMI DiIectgr.tlteelE..1o M. W. c.., GenttalOirodar~ ~ J. P. Gedt DIIec:Ior.,ec:llIIr Muagllm8l1t '800 Farnam ser. Omaha. Nebraska 61102 FIJI (402) 817'-3601 July 9, 1999 ()~ WJ .~ 1-- "bo ~ 458-81 STEVE RUSSELL COMMUMTYDEVELOPMENTDmECTOR CITY OF STILL WA TER 216N.4THSTREET STILLWATER, MN 55082 (L-- Dear Mr. Russell: VIA FAX 651-430-8810 Please refer to previous cOffespondence regarding the potential acquisition of Railroad properly in Stillwater, MN. The Railroad has a policy not to sell below fair market value as established by an independent MAl appraisal which in this instance resulted in an value of $240, 000. 00. The Railroad is planning on not abandoning the tracks, therefore any ownership issues will not be effected. In other words, any property that may have questionable title will not revert since the corridor will still be intact. Time has passed and several letters and discussions have been made with the City of Stillwater regarding the Railroad's position and value on this property. The Railroad believes that a meeting will not be productive due to the wide disparity in the City's offer as opposed to the value established by the Railroad. -:Ii. '::2-1 The Railroad would like an answer by J(I~ 1999 regarding the City of Stil/waters position regarding leasing and or purchasing at the established value of $240, 000. 00. The lease rate would be at $18,000.00 annually, payable in advance. If a satisfactory answer is not received by July 16, 1999, the Railroad sees no further alternative other than to secure the property to protect our interest. (f Lu 4 -"Z/J V~~ /J1/VOoT ~ ~i ? ~ 1-0 '7 il Ii "-<-<- ~ IL. t..v / iZ- P..-t.-,4 V- 7 . . . JUL 09 '99 15:10 FR UPRR CONT AND R/E ~ I/' 402 997 3602 TO 916514308810 -2- The Railroad will await your answer on or before July 16, 1999. Sincerely, ~ -Jv---- Rod Peterson Manager - Rea' Estate P.02/02 ** TOTAL PAGE.02 ** . . . OA-438-3 Stillwater Resolution No. 99-137 fFd lEe !EnViED I J U l 1 3 1999 I ------ BEFORE THE OFFICE OF Sl"RA TEGIC AND LONG RANGE PLANNING OF THE STATE OF MINNESOTA ---------------------------------------------- IN THE MATTER OF THE ORDERLY ANNEXATION ) AGREEMENT BETWEEN THE CI1Y OF STILLWA1l:R ) AND THE TOWN OF STILLWATER PURSUANT TO ) MINNESOTA STATUTES 414 ) ORDER ---------------------------------------------- WHEREAS, a joint resolution for orderly annexation was adopted by the City of Stillwater and the Town of Stillwater; and WHEREAS, a resolution was received from the City of Stillwater indicatirg their desire that certain property be annexed to the Ci1y of Stillwater pursuant to M.S. 414.0325, Subd. 1; and WHEREAS, M.S. 414.0325 states that in certain circumstances the Minnesota Municipal Board may review and comment, but shali within 30 days order the annexation of land pursuant to said subdivision: and WHEREAS, on June 4,1999, the Director of the Office of Strategic and Long Rarge Planning has reviewed and accepted the resolution for orderly annexation; IT IS HEREBY ORDERED: That the followiR] described property is hereby annexed to the City of Stillwater, Minnesota, the same as if it had originally been made a part -2- . thereof: The northwest quarter (NW 1/4) of the southwest ql.XlJ"ter (SW V4) of Section 31, Township 30 North, ~e 20 West, WashinJton County, Minnesota. IT IS FURTHER ORDERED: That the effective date of this order is June 4, 1999. Dated this 8th day of July, 1999. MUNICIPAL BOARD OFFICE Suite 225 Bandana Square 1021 Bandana Boulevard East St. Paul, MN 55108 ~ ~IU. ~(.~1i((-u Christine M. ScotiJlo Executive Director . . . W. MICHAEL ADAMS 12950 75th Street North Stillwater, Minnesota 55082 (612) 439-4842 Friday, July 02, 1999 Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Sirs: . We are writing to you to voice our opposition to the proposed tree ordinance. Although we are Stillwater Township residents and not planned to be annexed until 2015, we are concerned about the new ordinance inhibiting our property rights. . We feel any ordinance of this type is unconstitutional as it infringes on the rights of private property ownership, and we would certainly look to legal counsel should any ordinance of this type be passed. We urge you to use good common sense and rely on the fact that the majority of people already respect our natural resources. Sincerely, I} '11. ~~ ~i::i. Connie Adams .. . 12) e) BROWN'S CREEK WATERSHED DISTRICT 1825 Curve Crest Blvd. Stillwater MN 55082 Tel: 651-430-8300 FAX: 651-430-6819 AGENDA JULY 12, 1999 1) 2) 3) 4) Call to Order @ 6:30 PM Revise or confIrm agenda for evening. Reading of Minutes from June 28, 1999 meeting Workshop: BCWD Year 2000 Budget Discussion and preliminary focus (60 minutes approximately, N. Gordon leading) 5) Workshop: Project financing guidelines from SWWD example (30 minutes approximately, C. Leiser leading) Reminder!!! Be sure and bring materials from JW1e 28 board packet regarding this topic! Status update and finalization of revised rules Reminder!!! Be sure and bring materials from JW1e 14 (Leiser, Michels & Potter) or June 28 (Kilberg & Gordon: board packet regarding this topic! 7) Status update on TIIPP Project: (E & 0, L. Smith) a) Easement definition and requirements b) Status of permits c) Status of burn pit mitigation project 8) Status update on Kismet Basin project (E & 0) a) Property owner requirements and expectations b) Wetland considerations 9) Plans and plats for review (Doneu."<) 10) 11 ) Communications Old business New business Recess to Executive sessions 14) Adjournment l\'Ianagers: Craig Leiser, Pres. . Karen Kilberg, VP . Jon Michels, Secy. · E.1. Gordon, Treas. · Daniel Porter . . . Stillwater Township July 8, 1999 Chair: LaBoda 7:00 p.m. Regular Meeting Call To Order Agenda: Adopt Minutes: Approve Minutes June 24 and June 28, 1999 Treasurer: 1. Claims & Checks Attorney: 1. Ordinance for Garbage Haulers to be licensed in Stillwater Township and pickup recycling - amounts to be given to the township. 2. Oak Wilt Contract Planner: 1. En2:ineer: 1. Public Works: 1. Clerk: 1. Miscellaneous Committees: 1. Follow-up on Park Committee's request of June 14, 1999 re: O. Berg Park and trails. Peoole: 8:00 PM 8:00: Old Business:. ]. Decision re: Town Hall New Business: Adiourn Note: 7/5/99 Pat Bantli July 8, 1999 STILL WATER TOWN BOARD MEETING Town Hall 7:00 P.M . PRESENT: Chairperson Ken Laboda, Supervisors Jerry Hicks, Sheila Marie Untiedt, David Johnson and Louise Bergeron. Also, Attorney Tom Scott and Treasurer Warren Erickson. 1. AGENDA - M/S/P JohnsonJHicks moved to adopt the agenda as amended. (5 ayes) 2. :MINUTES - M/S/P UntiedtlBergeron moved to approve the 6/24/99 Stillwater Town Board Meeting minutes as written. (5 ayes) M/S/P BergeronlUntiedt moved to approve the 6/28/99 Town Hall Informational Meeting minutes as written. ( 5 ayes) 3. TREASURER - Claims #326 thru #336 were approved for payment. 4. ATTORNEY - 1. Discussed a proposed township ordinance that would require garbage haulers to also pick up recycling. A draft of the ordinance will be available for review at the next town board meeting. 2. M/S/P IobnsonlUntiedt moved to approve a new tree inspector contract as drawn up by the attorney. (5 ayes) 3. M/S/P Bergeron/Untiedt moved to approve Tim Kuntz as the joint board neutral per the attorney's recommendatioIL (5 ayes) . 5. PUBLIC WORKS - 1. Louise Bergeron reported that she met with the engineer at 100th Street. He said the road was fine. 6. PARK 1. The equipment has been fixed. 2. Regarding the trails in Curtiss Hills: a Ron will be spraying weeds. b. Ron will be asked to clear debris from the trails. 3. Jerry Hicks will develop performance standards for trail maintenance in general. 7. TOWN HALL RENOVATION - After several years of gathering input, discussion at annual meetings, notices in the newspaper and newsletter, numerous meetings with an architect, an informational meeting for residents to be updated on progress, much discussion and soul searching at the board level, a vote was taken to decide between enlarging the present town hall or finding a home for it and building a new town halL . JUL-14-1999 10:57 CITY OF OFH P.02/04 . 7 :00 p.m. 1. 7 :05 p.m. II. . 7:15 p.m. III. . CITY OF OAK PARK HEIGHTS TUESDAY, JULY 13,1999 cm COUNCIL MEETING FOllOW.UP AGENDA 7:00 P.M. Call to Order! Approval of Agenda Acld Safe and. Sober resolution project 1999/2000 as item E uncler New Business. .Add Ryder upclate as item F under New Business. Add Fire Pl'evention Materials as item G uncler New Business. :.Add the rename of Haase to Norwich as item H uncler New Business. pull item A uncler N e'9f Business until next month. Carried 4-0 De'ParlmentlCouncil Liaison Re1)orts A. Planning Commission Update provided. Next meeting July 15, 1999 to discuss rezoning of lower Oak Pulz Heights. B. Puks Commission Update provided. Next meeting: July 19, 1999 C. Cable Commission Upclate provided. D. Water Management Organizations 1. Brown' J C:reek Watershed District Update provided. 2. Middle St. Croix Watershed District Next Meeting: September 9, 1999 E. Other Update provicleJ on meeting with ~..NDOT. V isitorg/Publi~ Comment A. Recycling A~ (1) Mr. Rohert Mobroten, 14641 55l1. St. North. B. Discussion of ice-time at St. Croix Valley Rec. Center Bob Bolm of 14837 Upper 5511. St. N expressed concet't1S regarding the scheduling of ice time a~ St. Croix Valley Rec. Center. Discussion will continue at July 27./ 1999 City Council Meeting. Tb ilS 4n opportunity for the public t::l .ddm. thr;: Council with questions or concerr.s on issc~ not part ol the regular aiiend.. (ple:wc limit comments to 3 mmutea in len!jth.) JUL-14-1g99 10:57 CITY OF OFH P.03/04 7 :20 p.m. IV. Consent ~enda (Roll call Vote) Item E was puDed from CODSeDt a~eDda. Item B was plIDeci from ag~12da in order to . make minor c:orncnons. RoD call vote was taken. Carried 4-0. A. Approve Bills & Investments B. Approve City Council Minutes - June 22, 1999 (2) C. Authorization for Perlonnance Review and Salary lncrease for Gary Bronckhorrl (3) D. Approve Prairie Restoration Management: proposal (4) E. Authorize purchase for new City Flag (5) F. Authorize Waiving LMCIT Liability Coverage (6) 7 :25 p.m. V. Public Hearinis None. 7 :25 p.m. VI. New Business A. Authorization to finalize and negotiate price for repair and ovex:lay of Oakgl'een Avenue (7) Pulled. from aitenda a.ncl put on next agenda. B. Authorization to hire Utility Billing/Accountant T edmician employee. Authorization ap~ovcd. Carried. 4-0. . C. Authorization for Central Business District Preferred Plan/Contra.ct with BRW (8) Staff directed. to continue meetings with CEO Collaborative Group and. invite puhlic participation. D. Set; Council W orkses9ion lor July 21, 1999 at 4:00 p.m. Set W orluession for discussion of brldg'e issues with MNDOT. E. Safe cwJ Sober Resolution 1999/2000 Resolution 99-07-29 appxoved. Roll call was taken. Carried. 4-0. F. Ryder Update Update provided.. G. Fire Prevention Materials AuthOrU<iltion given to spend $2000 on fire prevention materials. Carried. 4-0. H. Rename of Haasse to Norwich Resolution 99-07-30 ilpproVed. 7:50 p.m. VII. old Business A. Governance Study (9) Washington County invited to make presentation to Council on Governance Study. Carried. 4-0. . B. Legal OpL-uon on Conflict of Interest (10) JUL-14-1999 10:58 . CITY OF OFH P.04/04 C. Opinion given and. condusion was mac1e that there isn't any conflict of interest. Authori:l:e purtb.e of City Hall Entrance and Valley View pazk Entrance signs (11) Staff directed to move ahead anel pTovide further designs. Carried. 3-1. Beauclet opposecL Auihonzation of Outdoor Lighting Contract with NSP for City Hall Street (Oak Park Boulevard) (12) Staff directecl to gather further information for the Council to make final clecision at net meeting. Authorization for recommending to Washington County that City Hall road be namecl "Oak Park Boulcv.ud." (13) Resolution 99.01.31 approved. Roll call was ta1en. Carried 3-1. Beaudet opposed. D. E. 8:15 p.m.. VIII. AJiournment Adjourn to Executive Session to ducuss pending litigation. Tabled until next meeting. . $"'41 gath,ring at Apple;"'. may follow . TOTAL F.04 WASHINGTON COUNTY Dennis C. Hegberg District 1 BIR Pulkrabek District 2 Wally Abrahamsen District 3/Chair Myra Petersen District 4 Dick Stafferd District 5 COUNTY BOARD AGENDA ~ AsIfIlIGT;~~uJff 1 ISO YrMsor flOGlfSS (r saYICE I. 2. 3. 4. 5. 6. 7. 9. 10. II. 12. 13. 9:00 9:00 9:25 9:30 9:50 10:05 10: 15 10:30 10:40 to 11:10 11:10 to 11 :40 JULY 13, 1999,9:00 A.M. Roll Call Consent Calendar Public Hearing - Transportation and Physical Development - D. Wisniewski, Director Chapter Seven, Mining Regulations of the Washington County Development Code Financial Services Department - E. Vizuete, Director 1998 Comprehensive Accounting Financial Report Assessment, Taxpayer Services & Elections - M. O'Rourke, Director Purchase of New Election Equipment Public Health & Environment - M. McGlothlin, Director Resource Recovery Project's 2000 Operating Budget General Administration - 1. Schug, County Administrator 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 information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Board Workshop with Transportation & Physical Development Review Plans for Proposed Woodbury Library Board Workshop with Office of Administration Evaluation of County's Lobbying Services ************************************************************ MEETING NOTICES Committee Personnel Conunittee Law Libr:ary Board - Annual Meeting & Luncheon Tour - Woodbury License Center Mental Health Advisory 911 Board MELSA Workforce Council Parks & Open Space Commission Time 11:45 a.m 12:00 p.m 1:30 p.m 4:00 p.m 10:30a.m 12:00 p.m 8:00 a.m 6:00 p.m Location Washington County Government Center Washington Countv Government Center 8301 Valley Creek'Road - Woodbury Christ Lutheran Church - Lake Elmci 2099 Universit]'Ave. W. - St. Paul Dakota Coun!y Library Washington County Government Center Tour ofCounty Paiks AS3istive listening devices are Bvailable for u..se in the County Board Room If }tou n""d sssistanc" du" to disabilitr... or /angu,!!/" ba"",r."p"'"a.." call 430-6000 fTDD 439-3220J EuUAL EMPLOYMENT OPPORTUNITy I AFFIHMA T1VE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF CONlMISSIONERS CONSENT CALENDAR * JULY 13, 1999 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval to authorize County Board response, signed by County Board Chair, to S tate Auditor's fmdings and recommendations contained in the draft report on the internal control structure and compliance for the year ended December 31, 1998. B. Approval to appoint James Finley to the Workforce Council as a public employment service representative, to fill an unexpired term to June 30,2000. Assessment, Taxpayer Services & Elections c. Approval of abatement appli~ations for value and homestead classifications. Public Health & Environment D. Approval of agreements with the Cities of Stillwater and Oakdale and authorize payments for distribution of curbside recycling funds in the amount of $153,444.00. Sheriff E. Approval of resolution authorizing the grant agreement with the State oa Minnesota, Department of Public Safety, for the project entitled Safe ~ Sober Communities, during the time period of October 1, 1999 througli September 30, 2000. . "Consent Calendar items are generally defined as items of routine business, not requiring discussion, llI1d approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion llI1d/or separate action. WASHINGTON COUNTY Dennis C. Hegberg District 1 Bill Pulkrabek District 2 Wally Abrahamson District 3tChair Myra Paterson District 4 Dick Stafford District 5 COUNTY BOARD AGENDA $ 'Ii ~ft;:;~~unt1 ISO Yt\Rs or flOGlESS 6' sEXYlCf 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. 9:00 9:00 9:05 9:10 9:45 10: 10 10: 15 to 10:45 10:45 to 11 :45 JULY 20, 1999, 9:00 A.M. Roll Call Consent Calendar Transportation and Physical Development - D. Wisniewski, Director Access Permit to the King of Kings Lutheran Church Community Services Department - D. Papin, Director Child Care Resource and Referral Funds General Administration - J. Schug, County Administrator A Landlocked Basin Study / FEMA Pilot Project Matching Grant Funds B. Water Governance Study Recorrnnendations Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on arry 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 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 Office of Administration Evaluation of County's Lobbying Services Board Workshop with Community Services Department HousingLinks and Related Housing Issues ************************************************************ Date July 20 July 20 20 20 21 July 21 July 22 MEETING NOTICES Committee Time Tour - Lake Elmo Park Reserve HRA Board Meeting Public Health Advisory Cormnittee Historic Courthouse Advisory Plat Corrrrnission Transportation Advisory Board Commnnity Corrections 2:30 p.m. 4:30 p.m 5:30p.m 7:00 p.m 9:30 a.m 2:00 p.m 7:30 a.m Location 1515 Keats Avenue - Lake Elmo 321 Broadway - St. Paul Park Washington COllllty Government Center 101 W. Pine - Stillwater Washington County Government Center 230 E. 5th St. - Mears Park Centre Washington County Government Center Assistive listening device3 .Fe IIvlliI.ble fIN ~ in the County BOllrd Room If :tou ncttd -.si3tancc duc ro di3abitirr... or la.nguf!g" __.'p'lelt3c c81/430-60oo (TDD 439-32201 EuUAL EMPLOYMENT OPPOHTUNITy / AFFlHMAT1VE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 20, 1999 The following items are presented for Board approval/adoption: . DEPARTMENT/AGENCY Administration Assessment, Taxpayer Services and Elections Cormnunity Services Court Services Human Resources Public Health and Environment Recorder Sheriff ITEM A. Approval of the July 6, 1999 Board meeting minutes. B. Approval of Findings of Fact, Conclusions of Law and Dispositional Resolution relative to the appeal by Bruce and Janet Swenson heard by the County Board of Commissioners on July 6, 1999. C. Approval to allocate the 1999 dividend from the Minnesota Counties Insurance Trust to the Post Retirement Health Care Ftmd. D. Approval of abatement applications for correction of classification. E. Approval of the contractual agreement between the Minnesota Department of Economic Security and the Commtmity Services Workforce Center to operate the Senior Commtmity Service Employment Program for the period beginning July 1, 1999 through June 30, 2000. F. Approval of agreement between the Minnesota Department of Economic Security and the Commmrity Services Workforce Center to operate the 5% Older worker. Prog:I]gl for the period bezinnine July 1, 1999 through Jrme 30, 2000. _ Approval of State of Minnesota, Department of Corrections Connnunity SemY Grant Agreement for fiscal year 2000 and fiscal year 2001. G. Approval of banding and grading of new job description of Deputy Director of Commtmity Services in the Community Services Department at D62-1 and approval of job description. 1. Approval of banding and grading of new job description of Assessment and Taxation Program Manager in the Assessment, Taxpayer Services '!Jld Elections Department at C45-1 and approval of job description. H. J. Approval of 1 FTE Case Manager, 1.5 FTE Clerk II, and .5 FTE Data Entry Clerk Special Project positions in Connntmity Services (Workforce Center) for 12 months. K. Approval of agreements with the Cities of Lake Elmo and Birchwood for distribution of curbside recycling funds in the amotmt of $78, 167. L. Approval of Plat of Stonehenge 2nd Addition, Stillwater Township. M. Approval of Plat ofWynstone 3rd Addition, West Lakeland Township. N. Approval to accept and execute the grants from the State of Minnesota for Operation Nightcap for the remaining year ofFY 1999. . .Consent Calendar items are generally defined as items of routine business. not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. /" ........ . - I .' .. i -- "~;":...::-_..:....-:;..;.:.....::;:.,:-..~:~-.:.:;.>.::..::-::.;:~::...:.:'"".~ :-:--.:. : "_'i: _. . . l' tr {O} C c 7/7--0(9-7 WASHINGTON COUN'F Y I Jame'R.SO""9 . OFFICE OF ADMINISTRATION County Administrator TO: Cityrrownship Clerks of: GOVERNMENT CENTER Virginia R. Erdahl 14949 62ND STREET NORTH. P.O. BOX 6. STillWATER, MINNESOTA 55082-0006 Deputy Administrator Office 651-430-6000 Facsimile Machine 6 -430~.60~:-:- . r~: ~X~~J'~~';~;C'9 \ ~ \ . \. \\', ' \\ \\~L-----'-----' _.,.- \- --'" Stillwater' __--------- \.------ Bay town Township May Township Stillwater Township Grant Hugo Lake Elmo Oak Park Heights July 16, 1999 The term of office for Jon Michels, Stillwater, on the Brown's Creek Watershed District, will expire on October 21, 1999. State statute provides that the County Board may select watershed district managers from lists of nominees submitted by the municipalities that are wholly or partially in the watershed district Such a list may be submitted to the County at least 60 days prior to the expiration of the term of office of a manager. If no list is submitted, the County Board will then proceed to appoint a manager through its open appointment process. . In ei1l1er event, 1I1e County Board sIuill make its appointment 30 days prior to the term expiration. If you wish to submit a list of nominees for consideration or wish the incumbent to be considered for reappointment, your joint or separate list should be sent to me prior to August 20, 1999. A copy of the County's watershed application form is enclosed. Please duplicate it as necessary. I've also attached information on the duties involved in serving qn a watershed district board of managers. Thank you for your assistance in filling these important watershed positions. . Sincerely, 'P~~~~~ Administrative Assistant pr c County Board of Commissioners Jim Schug, County Administrator e. Craig Leiser, President, Brown's Creek Watershed District Enclosure Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION @ .-. Chair: Call To Order A2enda: Minutes: Treasurer: Attornev: Planner: En2ineer: fubJic ..works: .Clerk: Committees: People: 8:00 PM Old Business:. New Business: Adjourn Note: Stillwater Township July 22, 1999 il LaBoda FYI. 7:00 p.m. Regular Meeting Adopt Approve Minutes July 8, 1999 1. Report 2. Claims & Checks 1. Garbage Hauler Ordinance. 2. Fire Contract 3. Election Agreement 1. Smith Subdivision 2. Planning Information Policy . 1. Miscellaneous 1. Planning Commission Report 2. Park Committee Report . 7/18/99 Pat Bantli