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HomeMy WebLinkAbout1999-05-04 CC Packet " ; ,I: ~ .. AGENDA CITY OF STILLWATER CITY COUNCn. MEETING NO. 99-9 Council Chambers, 216 North Fourth Street May 4, 1999 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. City Clerk 8. Fire Chief 9. Building Official 10. City Attorney II. City Coordinator OTHER BUSINESS 1. Workshop with Charter Commission 2. Dave Eckberg - River Town Arts Festival 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL . AFPROV AL OF MINUTES April 26, 1999, Regular Meeting PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Heritage Preservation Commission annual awards 2. Commendation of John Conati for service as assistant fire chief, part-time 3. Presentation of Certificate of Appreciation to the Freighthouse and the Sabes Foundation 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. 1. 2. 3. 4. 5. 5. 6. . 7. 8. 9. CONSENT AGENDA * Resolution 99-110: Directing Payment of Bills Resolution: Renewal of gambling premises permit, Knights of Columbus, 1910 S. Greeley Training and support for ticke-trac system - Police Dept. Resolution: Seasonal employment of Leo Miller as community service officer Application for permit to sell 3.2 beer - Rick Hill, Youth softball tournament Contractors Licenses: J.D. Excavating, Inc., Coon Rapids, MN; Stiglich Construction, Inc., Oakdale, MN; Retail Construction Services, Inc., Lake Elmo Resolution: Authorizing and awarding contract for the installation of a basketball court at Meadowlark Park. Authorization to begin hiring process for patrol sergeant - Police Department Resolution: Accepting work, ordering fmal payment for 1997 Street Improvements, Project 9716 Resolution: Accepting proposal from Twin City Fabricating for repair of 2nd St. storm sewer gate and railings at Main S1. steps and 4th S1. ravine .... PUBLIC HEARINGS 1. Case No. ZAT/99-4. This is the day and time for the public hearing to a zoning ordinance text amendment regulating adult entertainment business in commercial districts. Notice of the hearing .' was published in the Stillwater Gazette on April 23, 1999. UNFINISHED BUSINESS I. Lily Lake homeowners - Request to treat Lily Lake 2. Discussion of code violations and zoning concerns at Gannon's Auto Body. 3. Deer PathlBrick Street traffic management plan 4. Acquisition of easements from the Oak Glen Golf Course for the Brown's Creek Realignment Project. 5. Review and approval of Aiple Property Environmental Study. 6. Request to set workshop date - NSP proposal for decorative lighting 7. Accepting bids and awarding contract for 1999 street improvements (Resolution) NEW BUSINESS 1. Consideration of variance request from Susan Skalman-Raduenz to construct a single family residence on a nonconforming lot at 923 South Sixth Street in the RB, Two Family Residential District, Case No. V/99-17 . 2. Final plat approval for 39 lots between Manning Avenue and the west side of Long Lake, north of 62nd Street North. The Legends of Stillwater 2nll Addition. Pemtom Land Company, applicant. Case No. SUB/98-68F-2. (Resolution) 3. Final plat approval for 79 lots plus 4 outlots east ofCR15, Manning Avenue, and south ofCR12, Myrtle Street. Liberty on the Lake 2nd Addition. Contractor's Property Development Company, applicant. Case No. SUBI71F-2. (Resolution) 4. Receiving petition for street and storm water improvements - Meadowview Drive 5. Proposal to continue the design process for Curve Crest Boulevard extension project PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNlCATIONS/REOUESTS I. Jane Baggott, Ryder Student Transportation - Request for signage 2. Kurt and Tess Radecke - requesting regulations for draining of chlorinated swimming pool water COUNCIL REOUEST 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 . . . 'P ~If() , tJ() _.,/~f. _~_ ~ ~ __ _ -- ~:I~'~ k'; f'} j 1:' ,i\., . -' -~, ''Iff (_ -, I (J": 't' ,,(, "'" \ I " () · -q'.....' (j;)~_"1 ~_ _ ~ _ __~Ll~/::':L{.L, i';~f.,,'--t - - - r /rJ - 'ff?_ - - - p;---~~- __n - _,_ _ u_. __u~ ('1- &f & _. t~~, _?l~. __ _--~U- - ---- d_ _ _ __ __~ Ig-q~_ I~,1, 2~_ ___d_ ___-____ -- u - - - - - ------. ?>~b ~3 1- --- u____ --- - -- -- - - - - '- ~ - - - (J) (~a4~.!~"~~1-- @) tJ:t~. ~ ~ ~, 01 (f) rur j;J/yr' ~ - I ~. C1I ~ '?' ~ -- ~60, ~ l t:;C{tJ ~ 1 g .: . . City of Stillwater Charter Commission Memo f-' 5/9/17 t?.; J To: Mayor and Council members From: Kathy Czar, Charter Commission Chair (651-430-1819) Date: 03/05199 Re: Discussion of Proposed Charter Amendment . The Charter Commission has been discussing possible changes to the Charter that would define the role of the City Coordinator/Administrator and darify how that position relates to the pO'Ners and responsibilities of the Mayor and Councilmembers. At this point, 'Ne 'A'Ould like to meet with you for a 'NOrkshop on this topic. Endosed are three documents that will give you some idea of the 'NOrk we have done thus far. 1. Proposed Charter Revisions - talking points on changes to the Charter regarding the administration of city government. 2. Background Information on the Council-Manager Form of Government - material provided by the International City/County Management Association. 3. Possible Charter Revisions - two different options for changes to the charter. Option 1 would amend the Charter to reflect the current system of administration. Option 2 'NOuld give the City Administrator additional authority to hire and fire line staff. We would appreciate having the opportunity to talk with you about this issue. Please let us know when we can schedule a 'NOrkshop. In the meantime, if you have any questions or comments, please let us know. Thank you. . . Page 1 ., . . . Back2round Information: An Overview of the Council-Mana2er Form of Government (International City/County Management Association brochure, 10/95) What is the council-manager form of government? The council-manager form is the system of local government that combines the strong political leadership of elected officials in the form of a council, with the strong managerial experience of an appointed local government manager. The form establishes a representative system where all power is concentrated in the elected council and where the council hires a professionally trained manager to oversee the delivery of public services. Is it a responsive form of government? In council-manager government, councilmembers are the leaders and policy makers elected to represent various segments of the community and to concentrate on policy issues that are responsive to citizens' needs and wishes. The manager is appointed by the council to carry out policy and ensure that the entire community is being served. If the manager is not responsive to the council's wishes, the council has the authority to terminate the manager at any time. In that sense, the manager's responsiveness is tested daily. What is the council's function? The council is the legislative body; its members are the community's decision makers. Power is centralized in the elected council, which approves the budget and determines the tax rate, for example. The council also focuses on the community's goals, major projects, and such long- term considerations as community growth, land use development, capital improvement plans, capital financing and strategic planning. The council hires a professional manager to carry out the administrative responsibilities and supervises the manager's performance. What is the manager's function? The manager is hired to serve the council and community and to bring to the local government the benefits of training and experience in administering local government projects and programs on behalf of the governing body. The manager prepares a budget for the council's consideration; recruits hires, and supervises the government's staff; serves as the council's chief advisor; and carries out the personnel policies. Councilmembers and citizens count on the manager to provide complete and objective information, pros and cons of alternatives, and long-term consequences. Does the manager participate in policy determination? The manager makes policy recommendations to the council, but the council mayor may not adopt them and may modify the recommendations. The manager is bound by whatever action the council takes Where does the mayor fit in? Mayors in council-manager communities are key political leaders and policy developers In the case of the council, the mayor is responsible for soliciting citizen views in forming these policies and interpreting them to the public. The mayor presides at council meetings, serves as the spokesperson for the community, facilitates communication and understanding between elected and appointed officials, assists the council in setting goals and advocating policy decisions, and serves as a promoter and defender of the community In addition, the mayor serves as key representative in intergovernmental relations The mayor, council and manager constitute a policy-development and management team. Can the manager be fwed? Managers serve at the pleasure of the council. They can be fired by a majority vote of the council, consistent with local laws, ordinances, or employment agreements they may have with the council. Control is always in the hands of the elected representatives of the people. r . . . . . . ProDosed Charter Revisions The Charter Commission recommends that the Charter be amended to reflect the current management model and the roles of the Mayor, Council and City Coordinator. It would be beneficial to the citizens of Stillwater to have the current roles and responsibilities of Mayor, City Council and City Coordinator spelled out in the Charter. The current management model has evolved as Stillwater has grown. It works well for the city and has fostered efficiency and accountability B"y addressing the structure of government in the Charter, the City Council can assist citizens in understanding how their government operates and guarantee continuity when there is a change in council membership or staffing. - The Charter also needs to be amended to eliminate language that is ambiguous or inconsistent with other sections describing the roles of elected officials. For example, the Mayor is described as 'the "CEO" of the city, but there is no explanation of what that term means in the context of city government. The Charter Commission is also recommending that the City Coordinator's title be changed to City Administrator to reflect the responsibilities that have been added to the position over the years. Overview of the Council-Coordinator Model in Stillwater What model of government is now in place in Stillwater? Stillwater has a part-time Mayor and City Council. They have delegated the day-ta-day management of the city to a City Coordinator who serves as chief administrative officer of the city and is responsible for the proper administration of all the policies of the city. The City Coordinator supervises the administration of all departments; researches and assists in developing and recommending solutions to problems; attends and participates in all meetings of the city council; administers personnel matters and recommends all full-time appointments and terminations for council approval; coordinates annual and long-range work programs for the city; and coordinates submission of the annual budget to the council. Source: City Coordinator Job Description What does the Charter say about city mabagement? The Charter does not specify how the administrative functions of the city will be carried out. The Charter now reads' 7.02 City officials. The administrative powers, authority and duties of the various City officials, not otherwise provided for shall be determined and assigned among such officials by the Council. The Council shall set rules, regulations and orders as may be necessary or proper to secure economy and efficiency. No official or employee shall contract debts to bind the City or make any improvements in the City, unless authorized by a majority vote of the Council. \Vhat do other official city documents say about the administration of the city? . The Policies and Procedures manual says the City Coordinator is ''responsible for insuring the effective administration of these policies" However, the policies referred to are limited to personnel matters and do not include budget, financial management or administration. The City Coordinator's job description referenced above has been approved by the City Council and is in force, although it is not part of either the Charter or the Policies and Procedures manual The Charter Commission is recommending that the Charter be amended to include a summary of the job responsibilities of the City Coordinator. In order to put this job description in the correct context, the Charter Commission is also recommending that a summary of the job responsibilities of the Mayor and City Councilmembers be added to the Charter. Prooosed Chan2es in Personnel Policies and Procedures What changes could be made to improve the council-coordinator model now in place? The City Administrator could be given the authority to hire and fire staff The Charter Commission contacted the cities of Brooklyn Park, White Bear Lake, Anoka and Crystal to determine whether their city managers were authorized to hire and fire staff In all four cities, the city manager has the authority to hire and fire. In Anoka, the city manager must have the approval of the Council to hire and fire department heads. Police Chiefs and Fire . Chiefs are also hired and fired by the Councils in each city. The White Bear Lake city manager noted that giving the chief administrator the authority to hire and fire staffkeeps politics out of personnel matters and helps the city run more efficiently. The Charter Commission has had the most difficulty developing a recommendation on this change A minority of the Commission believes this power should be retained by the City Council. The majority recommends that the City Administrator be given the authority to hire and fire line staff, but that key city officials, such as the Police Chief, Fire Chief and City Attorney, continue to be appointed by the City Council, with the assistance and advice of the City Administrator. Conclusion What could happen if no changes are made in the Charter at this time? Clearly, there will not be any problems while the current Mayor, Council and City Coordinator are in place. But, inevitably, there will be change') in the makeup of the Council and the staff. To avoid possible confusion and problems during future transitions in leadership, it is important that the City document what is working so well now. . . Option 1 - Puts Current System in Charter 7 02 CJI~ OffiCIalS The adnumstrauye powers. authont\ 3JId duues of the vanous CltV offiCIals. not othemlsc provtded for'shall be detennmed and asSJ~ among such officials by the COUIICU The Councd shall set rules. rcgulauons and orders as may be necessary or proper to secure economy and effiCIency No offiClal or emplO)'CC shall contract debts to bll1d the CIty, or make any Impt'O\emcnts in the City, unless autho- nzed by a majonty vote of the COUIICtI 7 03. Appoll1lmCnt of City offictals All Cluef offiClals shall be appoInted or removed by a majority ,,'Ote of the COUIIClI. After the elCC1lon of Its members, the Council shall at Its first mccung, or WIthin Cony (40) days thcrc:Iftcr., appomt the chief offiClals of the City, and pn:scnbe thc1r respectivc dunes and respoDSi- bdmes 7 O~. Bonds. The COUIIClI shall fix the amoUllt of the bonds to be reqwred of nppoll1l1\-e offiClnls 7 OS Cl'C:1ung and disconunuing offices. The COUllcil shall have power to create and disconunuc offices and employmcnts. to provJ(fc the methods of filling them, and prescnbll1g the duues pertall1ing therclo. as the needs of the City may rcqwre 7 06 Failure to perfonn All persons holding any office or employment Ullder the City, whether clcctlvc or appoll1uve, shall be requIred to engllge In the aClU:ll "ork of the office or employment so held. to the extent that their scmces may be necessary, for the full 3JId complete dtscharge of the duues of the office or employment. and a fa1lure to do so shall be groUllds for removal. 707. Compensation of Cit}. offiCials Thc Councd shall fix the compensanon of all officcrs 3JId emplo)ees of the CIty . Option 2 - Additional Authority for Adminstrator 7 02 CIIY offiCIals The adnumSll':ltl\'C powers. authonty and duties of the \'anoos Cll) offiCIals. not OthcnVlSC pro\1dcd for shall be dctemuned and asSigned among such offiCIals by the COUIICtl. The COUIICtl shall set rules. .regulations and orders as may be necessary or proper to secure economy and effiCIency. No offiClal or emplO)'cc shall contract debts to bind the City, or make any Improvements in the City, unless autho- nzcd by a majority vote of the Counc:tl. 7 03. Appomtmcnt of City officials All CIuef offictals shall be appomtcd or removed by a maJonty vote of the Council. Aitrt the election of its members, the Counc:Jl sbaII at its first mccti.ng, or witlun fony (40) days thcJeaftcr, appomt the chief officials of the City, and prescnbe their rcspccti\'C duI1cs and responsi- bilities. 7 O~ Bonds The COUIIC11 shall fix the aD10Ullt of the bonds to be rcqwrcd of appoinuvc offictals 7 OS. Creating and discontinuing offices. The Council shall have power to c:re:J1C and discontinue offiCC5-llftti elllplll)'IIIcllIS. to provide the methods of filling them. and prcscnbing the duties pcrtaimng thereto. as the needs of the City may require 7 06. Failure to pcrlonn. All persons holding any office or employment under the City, whether elCCllvc or appoinUvc, shall be required to engage in the actual l\ork of the office or employment so held. to the extcnt that thc1r services may be necessary, for the full and complete discharge of the dunes of the office or employment. and a fiulure to do so shall be grounds for removal 7 07. Compensauon of City offiCials. The Council shall rL"( the compensauon of all officers and emplO)ccs of the CIIY . l . NOTES A~D COMMENTS The City Council has the authority to create and eliminate jobs and sets persoMel polity. Under Option I, the City Council retains the power to hire and fire all employees. Under Option 2, the City Administrator is given the autho ity to hire and fire staft', except for City Officials . Option 1 - Puts Current S~stem in Cllllrter ARTICLE'. 11 .\DMNISTRA.TIO~ OF CITY AFFAIRS 7 0 I The Cln Adnurustrator The CouncIl shall aDDOlnt an Adnllmstrator to be the cluef adnurustra- U\ e officcr of the Cln The Cltv Adnurustrator slu1l1 duect and succrnsc the adnurustrauon of all detlanments. offices or aeenees of the City exceot those soectfi- callv exemoted under the Clu1ner. includine the Water Board and the Llbrarv Board The CItV Adnurustrator shall attend all City Counel meeUnu and take can In discussions The City Admuustrator shall sce that a1lla" s. OreviSIOns of the Charter and acts of the CItV Council. are faJthfullv C'(ecuted The City Adnurustrator shall oreoare and sublIDt the annual budeet and c:JOltal orol!rom to the Counel The Cin' Aehrumstrator shaI1 also Drecare and sublIDt to the CouncIl a Ih e-,e:JJ' eaDltal DrOl!I'lUII At the end of e:1ch fiscal ,em: the City Administrator slu111 sublIDt to Council and make ll\-11Ilable to the DUbhc a comolete reoon on finances and adlmmstrative acu'lties of the City The City Adnumstrator sltall make reDOns to the Counel concenune thc oceratlons of City deDartments. offices and aeenees that are subiect to luslher lunsdiction and keeD the Counel fullv ad\lsed lIS to the condition of the City's fimmcial condition and the future needs of thc City The City Admirustrator shall Dro,ide stafl'suDDOn for the Mayor and the Council The Clt\' Adnumstrator shall cerfonn such other duues as ma" be assumed b\ the Connel 701 FIscal )ear The fisc:!1 )c:!r or the Cny shall commencc upon the first clay of lanuan :!nd end the t.lllrt} -first cia) of December In each) e:JJ' . Option 2 - Additional Authority for Adminstrator ARTICLE VII ADMINISTRATION OF CITY AFHIRS 7 0 I The Cln Adnumstrator The Council shall aODOlnt an AdminIstrator to be the chIef :!ehrurustl'3- U,e officer of the City The Achrumstrator shall aDDOlnt suscend or remm'e :ill City emolov- ees and aDDOIDted admlmstrauve officers (exceot "here othernue Dl'OV1ded bv law. the Charter. or DCfSOnnel rules adooted bv the Counell. The City Adnurustrator slu1ll direct and sucervise the adnunistrauon of all deDartments. offices or aeencies of the City exceot those SDeCIfi- callv exemDled under the Chaner. inc:ludin2 the Water Board and the Llbrarv Board. The City Administrator shall attend all City CounCIl meeunu and take DlUt In discussions The City Achrunistrator shall see that all laws. oroviSIOns of the Clu1ner and acts of the City COUDClI. are faithfully executed The CIty Admimstrator shall DreDare and sublIDt the annual bodl!et and eaDltal Drol!Il1Jll to the CounCIl The Clt\' Adnunistrator shall also Dremre and subnut to the CounCIl a Ihe-ye:u c:mital DrOI!IlIIII At the end of each fiscal Ye:u. the CIty Adnumstrator shall submit to CounCIl and make available to the DUblic a comDlete reoon on fin_ and admlmstrative activities of the City. The City Admimstrator shall make reoons to the CounCIl concemin2 the ocerations of City deoanments. offices and aeencies that are subJect to hlslher runsdlction and keeo the Council fully advised lIS to the condition of the City's financial condluon and the future needs of the Cin' The City Adnumstrator shall DrOVlde stafl'suDDOn for the MlI\or and the Council. The Cit\' Aehrunistr.llor slu1ll cerfonn such other duties lIS may be assi1med bv the Council 701. FlSeal )e:Jr The fisc:!1 )e:1r of the City shall commence upon the first clay of l:muaty and end the thlrt}-first cia) of December In e:Jch)e:u . NOTES .-\~D COMMENTS The City AdllUrustrator is appointed by and accountable 1< the City Councll and Mayor The City Administrator IMPLEl\lENTS COlJNCIL POLICY through staffing and budget control The City Administrator decides "how" -- the manner, way or means to accomplish the decisions of the City Council and Mayor. This language charges the City Administrator with prepar- ing the operating and capital budgets and with implementi the budgets as passed by the City Council Under Option 1, the City Council retains the po.....er to Iun and fire all city employees Under Option 2, the City Administrator is delegated the power to hire and fire employees, except City Officials This term need to be defined and may include the City Attorney, Police Chief and Fire Chief . Option 1 . Puts Current System in Charter ; () I~ M:lna!!:emem O\ersl!!:hl Resconslbllllles ofthe Council The Cln Council shall act 35 Ihe Cblef AdnllDlstratl\e br:mch of \he Cln l!O\emmenl and shall be restlOnslble for manal!1nl! the dav-to-dav ooerallons of City detlanments and emolmees The Council shall appoant SUSDCJtd or remove all City emolovees and llDDOlnted admIDlS- trallye officers (e"{c:eDt where otherWIse DI'OV1ded bv law the Charter. or oersonnel rules adoDled bv \he ConnetJ) The Council shall deletz:lte \he remonsibllin' for overseean2 the dailv ODCI'l1t1ons of the City to an Admtmstnnor. but ultimate adnumstrattve restlOnstbtlltv hes WIth the Council Chaner cross reference-ComposlUon of council and election. I 3 01. 502. Prestdent of the Council The Mayor shall be president of the Councll and shall prestde at 115 meeungs. The Mayor shall have a nght to ~ote upon all proposttlons. matters.. and queStions coltl1ng before the Connetl. but shall have no veto po\\er. The Connetl shall elect one of its tneD1bers to be VIce- president ARTICLE VI. THE Mo\YOR 6 01. Duties of Mayor. TIle }'Iiv. er sltall "e me ehief a!ieEIftF. e emeer Bf lIIe CIW. The Mawr shall ~ that the laws of the State. the provisions of thi~ Chaner. and the ordinances. resoluttons. regulations. bylaws, and orders of the City arc all duly observed and enforced \Vlthan the City; and shall see that all contracts maclc \Vlth the City arc faithfully penonned. In :1dditlon to seMnll as the President of the COUDCll the Mawr IS the head of the City for ceremoDlal DlIrDOSCS and is n:coenized :IS the ambassador bv the GO\'emor for OUIDOSCS of Dllhtarv law The MlI\or is the cblef lel!1slator and lc:tder of the DOlieY malanll team. the Council and Denoons a facilllal1\'C le:Jdershlo role in helmnlllhe Councll and the stalfDenoon better The Ma\'Or shall be the liaison bet\\ecn the Council and the Cltv Adltl1nlstrator The Mawr shall promote communic:mon amon2 officials and WIth the DlIblic and pro\'1(1e focus and leadershlo In the de'..elooment of DOhC'l The Ma~or shall e:'\erclse such other po\\ers and penonn such other duties as may be prescnbed ~ la\\ and ordanance . Option 2 - Additional Authority for Adminstrator 5 0 I ~ Manal!ement O\ersumt Resoonslbllllles of the Council The Councll shall aDOOant a Clno AdnllDlstrator \\ ho IS the Chief Admanlstral1\e OlJicer The Clt\' AdmIDlstmtor IS remonslble to and sene! at the oleasure of the CounCIl The CounCIl O\crsees the ODel':itlon of the Clt\' bv the AdmlDlstrator Chaner cross referenc:c-CompoSltlon of council and electlon. I 3 01 5.02. PreSIdent of the Connetl The Mayor shall be president of the Connetl and shall preside at Its meetmgs The Mayor shall have a right to ~ote upon all propoSItions. matters. and quesuons conung before the CounCIl. but shall ~e no veto pcmer. The Council shall elect one of Its members to be Vlce- presidenL AlUICLE VI. mE MAYOR 601 Dubes of Mayor. TIle ~.lIr;er shall 1M me shiel 8'ieeu&\'e emeer ef me Ci" The ~'Or shall ~ that the laws of the State, the provtsions of t1u~ Charter. ~nd the ordinances. resolutions, regulations. bylll\V5, and orders of the CIlY an: all duly observed and enforced within the City; and shall see that all contmclS made with the City an: faithfully perfonned. In :u:ldition to seninll as the President of the Council. the Mavor IS the head of the City for ceremonial OUIDOSCS and is recotmized :IS the amm.cndor bv the Go\'Cl't\or for OUrDOSCS of mtlitarv law The Mavor IS the clueC lmslator and le:tder of the DOlieY makin2 te:mL the Council and cerfoons a faCIlitative le:Jdershio role 1R heloinl! the Council and the staff cerfonn better. The MlI\'Or shall be the liaison ben\een the Council and the Cit\' Administmtor The ~'Or shall DroDlOIC communic:luon amon!! officials and with the oublic and pfO\1de focus and le:tdershto in the de\'Clomnent of DOlicv The ~Ia} or shall C"{Cl'C1se such other po\\'Crs and penonn such other duties 35 may be prcscnbcd by la\\ and ordinance . NOTES A~D COM:\IE:"lTS The language describing the Mayor as the CEO is deleted here because it does not accurately describe the Mayor's role or authority under the present system As commonly understood, CEO implies a person with ultimate botton-line authority over all operations of a business. Nothing else in the Charter suggests that this Wi the framers' intent in defining the role of the Mayor. The Mayor provides political/community LEADERSHIP . Option I - Puts Current System in Charter COIll/cll shall appolllt City At/mllltstm/or CO/lIlcll retams alllllOrlty to Ime allt/jile ARrICLE V TIlE COUNCIL 5.0 I Councilmembers The Councd shaH COnsist of the Ma~or and four Couna1rnernbers and they shall be the gO\ enung body of the murucIpaltty. and shall e:(erctsc the corporate po\ler of the City The Council shall be vested \\lth all po\\ers oC legislation 10 mumclpol amurs adequate to a complete ~ stem of loc:1I gO\ emrnenL consistent wIth the Consutuuon and laws of the State 5 0 II PO\lers and DUlles of the Council The Council shall act as the le21Slall\ e boch' of the Cltv The Council may enact ordinances The Council shall be resconsible for the duties of the City Imcosed bv law The Council shall make and be resconsi- bllilV for allllOlicv deciSIOns The Council may make im'e5tilll1uons IOtO the afJ'airs of the CitY. the conduct of any di:mnment or office of the CilV. The Council mav subcoena witnesses and take tesl1monv. The Council shall aDDOmt the Citv Attornev 5 012 Bude:et and FlOance ResconslbtliLes of the Council The Councd shall aOOm the CIlV"S aMu:t1 bude:et and C10Ual bude:CL The Council shall be rcsconslble for 3ooroonanon and 1'e1tenue ordinances and for audinne: of accounts The Council detemunes the salan- of the lI"la\ or and the Councilmembers. 5 () 13 PlannlOe: Resconslbllilles of the Council The CounCIl shall desll!J1:lle a cln' dcoanment or st:1lf member to <::1m' out the olanmne: function The Council shall aOOot a Comorehensl\e Plan Jnd detemllne to \l hat e.'(tent lomne: and other land use control ordmJnccs must be consistent \llth the Dlan The Council shall adoot dC\eloDml:nt rc2Ulallons. to be scectficd In ordinance. to ImDlement the Dlan . Option 2 - Additional Authority for Adminstratur COIll/cll shall 'lppalllt a Ctty At/mlll/Stralar City At/mllllslralor has alllhoTlty /0 IlIre wu/fire slaff, except for CII}' Offictals. ARTICLE V TIlE COUNCn. 5 0 I COUDCllrnernbers. The CouncIl shall CODSlst of the lI"la}or and four CounCIlrnembers and they shall be the gO\ermng body of the muruCIpa1ity, and shall e.'t8l'C1Se the corporate power of the City. The Council shall be vested \Vlm all powers of legWation in mumcipal afliurs adequate to a complete system of loc:tl gO\'emrnenL consistent \\'1th the Consutuuon and laws of the State. 5 011 Powers and Dunes of the Council The CounCIl shall act as the lemslan\e bodv of the CilV The Council mav enact ordinances. The CounCIl shall be 1'e5DODSlble for the dunes of the CIlV imcased bv law The CounCIl shall make and be 1'e5DODSl- btlilV for allllOlicv dec15ions. The Council mav make Imiestie:anons into the afl'airs of the CitY. the conduct of anv deoanrnent or office of the CilV. The COUDClI may subooena \V1tnesses and take testimony The CounCIl shall aoooint the CilV Attornev. 5012. Bude:et and Finance Resconsibtlines of the Council The CounCIl shall adoot the CilV'S annual bude:et and c:Imtal bude:et The Council shall be resconslble for llcoroonanon and 1'e1tenue ordinances and for auchnDlz of accounts. The CouncIl detenl11ne5 the salarY oCthe Mlnior and the Councilrnembers 5013 Plannine: Resconsibtlines oethe CounCIl TIle CouncIl sball desienate a cilY deoanment or staff'member to c:IJTV out the olanmnl!: fimcnon The CounCIl shall adoDt a Comorehensl\e Plan and determine to what extent lomne: and other land use control ordinances must be consistent \lith the Dlan. The CounCIl shall aOOot dl....elooment rce:ulanons. to be SDeClJicd bv ordinance. to Imolement the oJ:!n . NOTES A~D COM:\lENTS Text that is underlined is NEW Text that is struck through IS DELETED City Council and Mayor are cluefPOLICY MAKERS They decide what government should do. They are domocratically elected and accountable to the voters for carrying out their will. They govern through council action and budget approval They decide '\vhat and why" -- the intent. expectations. motives for government action Additional Charter language clarifies the various responsi- bilities of the City Council and DOES NOT CREATE A,.'\i NEW POWERS OR TAKE AWAY AL'IT EXISITING AUTHORITY. - - . . . c ~ - s/rlq7 I!ff))@@~ 0\) - 'I r------- ',I. .. ,,\ APR ~ 2 199<1 1007 South First Street Stillwater, MN 55082 April 21, 1999 " The Honorable Gary J. Meyer Chief Judge, lOth Judicial District Wright County Government Center 10 Second Street ~'"'V Buffalo, MN 55313 Dear Judge Meyer: On Monday evening, the members of the Stillwater Charter Commission voted to recommend the appointment of Wayne Anderson to the Charter Commission to fill the vacancy caused by the resignation of Don Valsvik. Mr. Valsvick's term expires May 1, 2000. . . We believe Mr. Anderson's legal background and his experience practicing law in Stillwater will make him a valuable member of the Charter Commission. Tim Old has resigned from the Charter Commission, effective May 15, 1999. Mr. Old's term also expires May 1,2000. I will ask the City of Stillwater to publish a notice of this vacancy. The Charter Commission plans to meet with applicants at its next meeting on May 17dt at 7:00 p.m. in Stillwater City Hall. Thank you for considering our recommendation in the appointment process. Sincerely, ,~~~ Kathleen Czar Chair Stillwater Charter Commission cc: Nile L. Kriesel, City Coordinator ~ IR IE <C!E' II VLE D APR , 7 1999 . March 23, 1999 Honorable Gary J. Meyer, Chief .,dudge Tenth Judicial District Wright County Courthouse 10 Second Street NW, Room 201 Buffalo, MN 55313-1192 Dear Judge Meyer; The demands on both my personal and professional time have greatly increased over the course of the last year, as a result I find that I have less and less time to give the level of commitment which I believe the Charter Commission deserves. So it is with a great deal of sadness I find that I must resign my position with the City of Stillwater Cha~er Commission before the end of my term which expires on the 1st of May 2000. The Comm~ssion has a workshop scheduled with the Stillwater City Council for the 4th of May in which I would like to participate and for this reason I would prefer my resign'ation to take effect on the 15th of May 1999. I have enjoyed immensely the time I have worked with the Charter Commission and appreciate the opportunity to give of my time to our community. . Regaros-:;t JrJJ. &,~ ~motttY d;{ . - ~ , . Memorandum To: Mayor Kimble and City Council Members 00: Nile Kriesel From: Larry Dauffenbach, Police Chief DaIle: 04/29/99 Re: River Town Art Festival 1999 . St. Croix Events will manage the River Town Art Festival this year. The spring art &ir was previously put on by the Stillwater Area Chamber of Commerce. I have been working with Dave Eckberg on the details of the eVent related to the police departDient. We have agreed on the beer garden size, location, signage, fencing, liquor security, noise, crowd management, insurance, hours of operation, police powers; and hold harmless and indemnify the city. A contract is being drawn up by the ~ attomey addressing these issues, but is not yet completed. Dave Eckberg will be appearing in :front of the council to ask for barricades, electrical hook ups, exclusive use of the park and a $500 donation to hire off duty police to police the event. This is how it was done last year. I have already scheduled extra people for the event. The reason he is asking for the donation is it saves the city approximately $200 in wages. The officers' off duty rate is $25.00 per hour rather than $45.00 per hour overtime rate paid by the city. Recommend approval contingent upon signed contract addressing above issues. . 1 II , , ~il~te~ TH:::RTHPlACE OF MINNESOTA ~ Application for Special Event . OrgamzatIon R\Ve<'low"" AI(,... ~t.... !.snc.LuJet.?C<... 4<.~ J\l l? AC>>'IH~"<.. ~ ~ (]_41C<.J:..E- I C) IC.. ,<J ~ NO 7 GUT2.Wlj(}~ '" Contact Person ~~ II~ 6:."&'e~c, P.o. &'" oJ( Address City Sr/~r,JIIJTC< State m^,. Zip ~~+- 1/30- ~~G. O~~ICIi: Phone Number 4&0 - IIS:+ Ec(.s..~tc. HOI'1I~ . ~,,-7~ ~~....,'" ~",e... C? I:."t- :~ * * * * ..!.o ".... * ..,. ..~ * * :~ .... ",.. Office Use Only: Special Events processing and coordination assigned to: Distribution Police Administration EngineeringlPublic Works Parks Planning Fire Comments: . CITY HALL 216 NORTH FOURTH STILLWATER. MIN~JESOTA 55082 PHONE 612-439-6:21 . l ,:)o"ttVt lOwe~ I T W " ) ..""...... - C\ 'i+\ ~ 7 !-e - - ( ( I r \ I I - - - I I 1 , ! ?l.4YY\p l10\0l~ \ \-\DS~\~\l~ \eV\~ , , ~o J'30 r IN , W\t. I L -:l -~ ~.Q- ( Q ~ ~ ~ ~rn4\l 'T",,,i\e1J' r (~ooCt , 'K, ,..-\-Q.. -p oth e S ~ l l l t I J.oODDDr lJr'<'dOtfS - :\ ~ \ \ \ \ \. \ , \. , l \ \. ) \ \ J , , , , \ \ \ , ( \ I \ \.\\\\ I \ \ I I \ , \ \ \ , I i= '-'PC \ ~n\- ~ ~ 5 e. 1 t'",.~:",,:> l.+ . . Rv Ie.; ~"t .. ""'" r , · r"lo.'i LoWw tUV'~ J L ~~ebO J . ,~ "\" L ,,\, " \ , s~ W\ 13~oo m-€V' .' Hv--Ms+S <tJ - + '=' '):-. ~ K\Q'S We~ ~~ , 'l " \ ~ ~ ~ \~~~ ~\\ ~; I ~ ~ \ \ , ,t \ \ ~ L ,^YV\'oe'f' ~OY\ i = Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE /l DA: 0 GANIZED TAX EXEMPT NUMBER ca. \....;......,c<.c:t. I 4.1 ..:.S- '/- Q~/4S;S;:- CITY STATE ZIP CODE ST1<.W-1Jt.'( hi ,IllAlaCT1f/ .sQo &~ BUSINESS PHONE HOME PHONE ("$i) ,..- - T ~ ~.~ (~/) 4io - 1If;.)- TYPE OF ORGANIZATION o CLUB DCHARITABLE DRELIGIOUS OTIIER NONPROFIT ~~~<C:7')f q~..sr. 6,f 0', "'AI. S.s:co ADD~S "" .. 4J,9+ Iw.-Cj - St-:. N. 1tJ~ne.. 'h...~ 'AI. ~~Rfi. ~-t AU4lI~ ~ ~<(E. &:.:, /IIN. 5"'S"0 Location where license will be used. If an outdoor area, describe ~oMJc.c..c.. f<.A.tt" I~ 71i-e. ,<, Ve<.:1?:Jl.Il~ _l)o~.r.(7b~ ~ ~TIC.c...~~ A,(r F6s,..,vA c... ~.s A .pQU..r" elF Will the applicant contract for intoxicating liquor services? If so, give the DaJDe and address of the liquor licensee providing the service. -No- Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of cq,verage. (NOTE: Insurance is not mandatory.) . Q&. . APPROVAL APPLICATION MUST BE APPROVED BY ClTYOR COUNTY BEFORE SUBMlTl"ING TO ALCOHOL &: GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT UCENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol &: Gambling Enforcement Director Note: Do Dot separate these two parts, send both parts to the address above and the origiDal signed by this divisioD will be returned as the liceDse. SDbmit to the city or Couaty at least 30 days before the event. PS-09O'19 (6J98) . .~ . I~-:. ~ R.(V~ ~OWf\J AR..~ f:(;s~IVAL {-1(SfO(Z(C . S~(LLWA~~tZ ' M(NN~SO~A flyfay 15 &16 .~ J~ 029 028 027 026 025 024 023 024 ,. . Lowell Park South of Lift Bridge St. Croix River A20A19A18A 17 A16A15A14A13A12A11 A9A8A7 A6A5A4A3A2A1 Aisle B 23 B22 B21 B20 B19 B18 B17 B16 B15 B14 B13 B12 B11 B10 B9 B8 B7 B6 B5 B4 B3 B2 B1 C22 C21 C20 C19 C18 C17 C16 C15 C14 C13 C12 C11 C10 C9 C8 C7 C6 C5 C4 C3 C2 C1 Aisle Hospitality Tent Wine & Beer Tasting 021 020019018017016015014013012011 0100908070605 D4 03 0201 Food Vendors . . Gazebo Lowell Park North of Lift Bridge Area # 1 St. Croix River E19 E18 E 17 E16 E15 E14 E13 E12 E11 E10 E9 E 8 E 7 E6 E5 E4 E3 E2 E1 Aisle F19 F18 F17 F16 F15 F14 F13 F12 F11 F10 F9 F8 F6 F5 F4 F3 G20G19G18G17G16G15G14G13G12G11 G10G9G8G7G6G5 F4F3 Kids Area & Food Vendors ~ . . . H37 H36 H35 H34 .., . Lowell Park North of Lift Bridge Area # 2 Gazebo St. Croix River E31 E30 E29 E28 E27 E26 E 25 E24 E23 E22 E 21 Aisle F28 F27 F26 F25 F24 F23 F22 F21 G28 G27 G26 G25 G24 G23 G22 G22 G21 Aisle H33 H32 H31 H30 H29 H28 H27 H26 H26 H25 H24 H23 H22 H21 . . ;. .- . CITY OF STll.L WATER CITY COUNell. MEETING NO. 99-8 April 20, 1999 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Also Present: Press: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole (arrived at 9:25 p.m.) City Coordinator"Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles City Planner Fitzgerald Fire ChiefKallestad Administration Secretary Holman Julie Kink, Courier Mark Brouwer, Gazette Motion by Councilmember Zoller, seconded by Councilmember Bealka to approve the minutes of the April 6, 1999, Regular and Recessed Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Energy Cents Coalition - Access to Affordable Energy. Pam Marshall from the Energy Cents Coalition asked Council to support a resolution that would support the establishment of a universal service fund to provide bill payment and conservation assistance to low and fixed income Minnesotans. The Energy Cents Coalition is a statewide coalition of groups and individuals who are concerned about affordable energy. . Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 99-104 ensuring access to affordable energy. Ayes: Nays: Absent: Councilmember Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole 1. Ray Kircher, R&R Liquor - Request for issuance of off-sale liquor license. Ray Kircher from R&R Liquor requested that Council issue an off-sale liquor license for 1971 S. Greeley Street. He stated that he recently had to repossess the inventory and needed to liquidate that inventory. In Minnesota, you need a liquor license in order to sell liquor to a retail store. City Attorney Magnuson stated that there was no reason not to issue C;e license. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopted Resolution . 99-105 approving an off-sale liquor license for Ray Kirchner dba R&R Liquor. Ayes: Nays: Absent: Councilmember Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole . City Council Meeting No. 99-8 April 20, 1999 ~ STAFF REPORTS . City Engineer Eckles informed the group that Phase II of the Levy Project is proceeding as planned. The rest of the project will be bid in May, bids accepted in June, and construction should start in late July or early August. Construction should be complete in the Fall of 2000. Community Development Director Russell updated Council on the activities of the Stillwater City & Township Joint Board from their meeting of April 14, 1999. Community Development Director Russell also stated that John Lang has requested a workshop with Council regarding the Territorial Prison Site. They are looking for City approval for contemplated changes to the project design and revisions to the Contract for Private Redevelopment. Motion by Councilmember Zoller, seconded by Councilmember Bealka to set a workshop to discuss the Territorial Prison Site for May 18, 1999 at 4:30 p.m. All in favor. City Coordinator Kriesel stated that it will be necessary to limit vacation during the period of December 30, 1999 through January 7, 2000 because of potential problems resulting from the Y2k issue. Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution 99-106 limiting vacation during the period of December 30, 1999 through January 7, . 2000 because of potential problems resulting from the Y2k issue. Ayes: Nays: Absent: Councilmember Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole Councilmember Bealka asked for clarification on Item No. 13 amending salary schedule for Building Inspector. City Coordinator Kriesel explained that there was a clerical error in the union contract and this resolution was correcting that error. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the consent agenda. All in favor. CONSENT AGENDA 1, Resolution 99-98: Directing Payment of Bills 2. Authorizing L&S Industrial & Marine to use south end of Aiple property for river projects staging area during 1999 3, Resolution 99-99: Employment of Ryan Smith as Engineering Technician II 4. Resolution 99-100: Amending Res. 99-39, Setting city contribution for hospital/medical insurance coverage for Councilmembers, qualified retired employees and certain exempt employees . 5. Resolution 99-101: Reassigning Bruce Klosowsky to investigative sergeant, promoting Craig Peterson to captain, and reassigning Carla Cincotta to patrol 2 ~ I , . . . City Council Meeting No. 99-8 April 20, 1999 6. Contractors license: T.R. Contractors, Inc., St. Paul, MN; Brant Grages Construction, Lake Elmo; BevIer Utilities, Inc, Forest Lake 7. Approval to close a portion of North Everett Street for the Hope House annual fundraising auction, May 8, 1999 . 8. Approving application for exempt permit - Trinity Lutheran Church raffle, May 26, 1999 9. Utility bill adjustments-sewer charges 10. Approving application for ey..empt permit - Rutherford Elementary Parent Teacher Assoc. 11. Purchase of digital camera and scanner - Planning Dept. 12. Funding for skate park facilities 13. Resolution 99-102: Amending salary schedule for building inspector - AFSCME Council No. 14 14. Resolution 99-103: Approving License to Use Real Property - Household Hazardous Waste Collection Washington County. UNFINISHED BUSINESS 1. Report on request for City consideration of purchase of residence at 518 North Owens Street for a nature and arts center. City Coordinator Kriesel updated Council on the possible purchase of the residence at 518 North Owens Street. Mr. Kriesel explained that the appraised value of this property is $225,000 with $30,000 to $50,000 in costs to bring the building up to code. He also explained that this purchase was not included in the 5 year CIF plan and that currently the City does not have the fInancial resources to fund such a project. Fire ChiefKallestad updated Council on the existing code issues with this building. He felt it would be diffIcult and expensive to convert this building into a public building. Nancy Brown also informed Council that she felt that once the initial step was taken to purchase and/or lease the building that others in the community would step forward to contribute and other funding options would be available. Both Councilmember Zoller and Councilmember Bealka expressed their concerns regarding the City's ability to fund this project. Motion by Councilmember Zoller, seconded by Councilmember Cummings directing staff to work with Nancy Brown to find alternative funding sources for the Arts and Nature Center. Ayes: Nays: Absent: Councilmember Cummings, Zoller and Mayor Kimble Councilmember Bealka Councilmember Thole 2. Consideration of annexation and development at 13-acre site located at northeast comer ofCR 15/12 (tabled from 3/16) Community Development Director Russell explained that this item was initially heard by the Council at their March 16th meeting and was referred to the Joint Board for comment on April 14th. The Joint Board decided that now was not a good time to entertain development plans and annexation for the Phase IV area. There were concerns regarding wells, staff demands and other developments that were discussed. Motion by Councilmember Zoller, seconded by Councilmember Cummings to deny the request for annexation and development ofNE comer ofCR 12/15. All in favor. 3 City Council Meeting No, 99-8 , April 20, 1999 3, McKusick Lake Analysis and Management Plan - discussion continued from April 6th. . City Engineer Eckles explained that as part of the Trout Stream Protection Plan, a large amount of storm water runoff would be directed away from Brown's Creek into Lake McKusick. An impact of this would be that the lake would need to be lowered over one foot in order to provide additional storage for large storm events. There were many concerns about the aesthetics of the lake, loss oflakeshore property and an increase in aquatic plants and vegetation. A task force was formed to maintain or improve the physical condition and recreational suitability of the lake. The task force came up with six primary recommendations that included a significant modification to the Brown's Creek Protection Project. Staff requested that Council review the recommendations and provide input. Motion by Councilmember Cummings, seconded by Councilmember Bealka directing staff to proceed with the all the recommendations in the McKusick Lake work plan as follows: 1. Raise the approved normal water elevation on McKusick Lake to approximately 853. 2. Evaluate downstream channel below McKusick Lake. 3. Construct new detention basins in developments. 4. Improve the recreational suitability of Lake McKusick. a. Adopt an ordinance prohibiting the use of gasoline motors. b. Install a public canoe landing, construct a fishing pier, work with DNR to stock game fish, and install a winter aeration system if needed. c, Develop trails around the lake and link with other areas of the City. . 5. Improve shoreland management of the lake, 6. Adopt non-structural methods of protecting water quality. All in favor. 4. Report on McKusick Lake Park and Trailway Plan. Community Development Director Russell explained that Herb Baldwin was hired to prepare a park and trail plan for McKusick Lake. Herb Baldwin presented Council with the concept plan. He explained that it is possible to establish a trailway and landscape plan for the McKusick Lake area and to link improvements to future Brown's Creek and Laurel Ravine trails. Staff recommended that Council approve the concept plan and refer it to the Parks Board and Planning Commission for review and approval. Council inquired about recreational opportunities around and near the lake. Motion by Councilmember Cummings, seconded by Councilmember Zoller to receive the trail and landscaping improvement plan for McKusick Lake and environs and referring it to the Parks Board and the Planning Commission for review and recommendation. All in favor. 5. Possible second reading of ordinance relatmg to a zoning text amendment requiring special building setbacks for arterial, collectors and railroad tracks (first reading April 6, 1999). City Attorney Magnuson stated that this ordinance establishes greater setbacks along the collector and major roads to provide for more green space along major thoroughfares. . 4 ,', City Council Meeting No. 99-8 April 20, 1999 . Motion by Councilmember Cummings, seconded by Councilmember Zoller to have a second reading of Ordinance 875 amending the Stillwater City Code and the Zoning Ordinance provisions contained therein by establishing special building setback regulations for collector and major roads. Ayes: Nays: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble None 6. Sign ordinance violation - Victorian Building, 109 East Myrtle Street. City Attorney Magnuson explained that the owners of the Victorian Building are and have been in violation of the sign ordinance. City Planner Fitzgerald has been in contact with them on several occasions and they do not wish to remove their sign. Mr. Magnuson is requesting permission to proceed to abate and remove the violation and, if necessary, assess the cost against the lot or parcel where the violation was located. Motion by Councilmember Cummings, seconded by Councilmember Bealka to allow the owners of the Victorian Building, 109 East Myrtle Street, 30 days to remove the sign or the City will proceed to abate and remove the violation and if necessary, assess the cost against the lot or parcel. All in favor. NEW BUSINESS . 1. Request for private streets for 86 unit development, Green Twig Villa, located west of CR 5 at Curve Crest Boulevard Community Development Director Russell explained the developer for the site is requesting that private streets be allowed for the Green Twig Villa development. Previously Council made the decision that no private streets would be allowed in developments because of problems in the Oak Glen development where private streets where allowed and the City had to make them public streets. There was some discussion regarding the benefits of private vs. public streets. Motion by Councilmember Cummings, seconded by Councilmember Zoller denying the request for private streets in the 86 unit townhouse development, Green Twig Villa located west of CR 5 at Curve Crest Boulevard. All in favor. 2. Everett Street lift station improvements . City Engineer Eckles stated that the City has received bids for the Everett Street Lift Station improvements. Three separate contractors will work on this project. Bailey Construction for the reconstruction of the cement slab and placement of a retaining wall; Braun Pump and Controls for the replacement panel and Greeder Electric for the electrical work to complete the project. Staffis requesting that Council authorize the Everett Street Lift Station Improvements and direct staff to prepare the necessary documents in relation to this improvement. 5 , City Council Meeting No. 99-8 April 20, 1999 Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 99- 107 authorizing the Everett Street Lift Station Improvement and directing staff to prepare the necessary documents in relation to this improvement. . Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Possible appointment to Planning Commission, City Coordinator Kriesel stated that due to the resignation of Don Valsvik, a vacancy exists for a partial term to expire January 1, 2000. The vacancy has been advertised as required by City Charter. Motion by Councilmember Zoller, seconded by Councilmember Thole adopting Resolution 99- 108 appointing Kirk Roetman to the Planning Commission to fill the partial term to expire January 1, 2000. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None COMMUNlCATIONSIREOUESTS 1. Board of Water Commissioners - Financial Statement for year ended 12/31/98. Council received and reviewed the financial statement for the year ended 12/31/98 from . the Board of Water Commissioners. 2. River Valley Arts Council- Request for funding for Stillwater Art Crawl and Festival. The River Valley Arts Council is requesting $1000 from the City for their fourth annual Stillwater Arts Crawl and Festival. This event will be held June 18-20, 1999. City Coordinator Kriesel stated this request could be funded under the miscellaneous budget. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the request from the River Valley Arts Council for $1000 for the Stillwater Arts Crawl and Festival. All in favor. 3. Metropolitan Council- Request to meet with staff. Council directed staffto contact Marc Hugunin, Metropolitan Council, to set a meeting date to meet. COUNCIL REOUEST ITEMS Councilmember Cummings requested that staff investigate the status of the construction that is taking plac~ at the house on the comer of McKusick and Maple Street. This house has been under construction for an extended period oftime. Councilmember Cummings also expressed his concern regarding graffiti in the City. He . would like to establish a program, similar to TIP (Turn in Poachers), that would reward people for reporting those who are vandalizing our city with graffiti. Councilmember Thole 6 City Council Meeting No. 99-8 April 20, 1999 . suggested staff review an ordinance developed by League of Minnesota Cities as a starting point. Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to research graffiti ordinance and reward program. All in favor. Mayor Kimble stated that he received a request from Goodwill Industries asking that the City proclaim May 1-10 as Goodwill Industries Week. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 99- 109 proclaiming May 1-10 as Goodwill Industries Week. Ayes: Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 10:05 p.m. All in favor. Mayor \ ~ i . Attest: . ~ City Clerk Resolution 99-98: Directing Payment of Bills Resolution 99-99: Employment of Ryan Smith as Engineering Technician II Resolution 99-100: Amending Res. 99-39, Setting city contribution for hospital/medical insurance coverage for Councilmembers, qualified retired employees and certain exempt employees Resolution 99-101: Reassigning Bruce Klosowsky to investigative sergeant, promoting Craig Peterson to captain, and reassigning Carla Cincotta to patrol Resolution 99-102: Amending salary schedule for building inspector- AFSCME Council No. 14 Resolution 99-103: Approving License to Use Real Property - Household Hazardous Waste Collection Washington County. Resolution 99-104: ensuring access to affordable energy. Resolution 99-105: approving an off-sale liquor license for Ray Kircher dba R&R Liquor. Resolution 99-106: limiting vacation during the period of December 30, 1999 through January 7, 2000 because of potential problems resulting from the Y2k issue. Resolution 99-107: authorizing the Everett Street Lift Station Improvement and directing staffto prepare the necessary documents in relation to this improvement. Resolution 99-108: appointing Kirk Roetman to the Planning Commission to fill the partial term to expire January 1, 2000. Resolution 99-109: proclaiming May 1-10 as Goodwill Industries Week. . Ordinance 875: amending the Stillwater City Code and the Zoning Ordinance provisions contained therein by establishing special building setback regulations for collector and major roads. 7 . . . MEMORANDUM To: From: Date: Re: Mayor and City Council Sue Fitzgerald, Planner ~ May 4, 1999 Annual Heritage Preservation Awards National Preservation Week is May 9 - 15. The Stillwater Heritage Preservation bas selected the following individual and businesses to receive their anmlal awards. Jay and HPC Chairperson Howard Lieberman will present each recipient with a plaque at the May 4th Council meeting. REUSE OF AN EXISTING BUll..DING Lee Bjerk and Mike Lynskey IMAGES OF THE PAST 218 North Main Street RENOVATION OF A BUll.DING Janet Sawyer and Larry Nelson JOHN KARST BUILDING 125 South Main Street FA<;ADE OF A BUll.DING Allan Czanstkowski BP AMOCO 103 North Main Street SIGNAGE Allan Czanstkowski BP AMOCO 103 North Main Street SPECIAL ACHIEVEMENT AWARD FOR DOWNTOWN WALL MURALS Randall J. Raduenz . Sabes Family Foundation 60 5, 6th St Suite 2540 Minneapolis, MN 55402 612-339-8921 612-339-8922 fax May 3, 1999 Mayor and City Council Members City of Stillwater Stillwater, MN . The Freight House Restaurant and the Robert and Janet Sabes Family Foundation wish to express their sincere gratitude and appreciation for the support we have received from the City of Stillwater and its community over the last twenty years. We would like to budget on an annual basis the amount of $10,000 to $15,000 to be contributed to various charitable and or municipal fund raising efforts that the city council and the foundation mutually decide upon. We look forward to providing help to those worthy projects that will benefit the community and its citizens, Sin~ ~ 1:: Robert and Janet Sabes . ~ II" . "'~I"" .J '''~I'... . ..,.V' . ~~~" \1>,,'" "\' ,,- \\ 'J "~'I'., \\ '/~' ..~A~,' \~, '." . '/ ::~.~ \, "\ ~,' : ;0..! ~)(1 &i~~d(~~\\;~<<':f:~~d:':;~\'\fJVfl(l~~,'IIXI\\.V.~\\'.I'I.{N'i.' . . . ~%. s.d:~s). " t. . 't:-,*\~II:~~"~I' " ~~~~\\\l'< ft~"tdX.h'W~':~\P"f~1'J I\~-.A!.... i ~\':. wih . f.~~~~ - ~~ ...;;...:{>!) . '0 ~ ~~~!l~:t._oA~~~ '. .'ii~c~~ ....IoiiL ). 1l_.jf1~~___ ~~rit__ - ~'Y..-. '{!~r;1.... ~,,~'J i:' \\~~. .~ ;.....................' .................................................................................... ............................. ..................................................................... ... ... ...... ............. ...................................................... .......... ........ ."...............:.::::.-- ':~.:~..::.~.:::: ::~ . .::::::.:..:" ~ i}f ':1,- ~ l : ~~ ',\' 'J ctCerttftcate of ~pprectatton'~l\ I 1:lrese11tecl to TI-IE FREIGI-ITI-IOUSE AND THE SABES FOUNDATION IN APPltECIATION OF TI-IEIR SIGNIFICANT DONAr-rION FOR TI-IE PURCI-lASE OF USE OF FORCE l~lU\ININ(~ 'I ":: EQUIPMENT FOR THE STILLWATER POLICE DEPARTMENT ::f3.. i BY ~\~ . I, ~ I .~ .,1 ~ . ....r.' ~ll{ TI-IE STILLWATER CITY COUNCIL I I , : 1 ~' fl ~: I! MAY 4, 1999 tl l! II r.~. ""-- J "~~:,!:1~1' " ... 1 . ......... ~ :!\...... ..~ ~ ,.I" I ....:.a..;.Itl.' r .... ... ::sii~ ._....~~,.... .....1..'.'.....,... ~ ":~"" ~ .- -.: .. ., h#. ..:"~...:.....~;.!~""''IiI.-I..... _~...~i'~~.... I .' .....' ............:; ....~-:..~-~..~~' . ~l ~, . \ . LIST OF BILLS EXHIBIT "A" TO RESOLUTION 99-110 . Action Rental Board of Water Commission Bonestroo Rosene Anderhk Braun Pump and Control Bryan Rock Products Buckley, John Chemsearch Coca-Cola Enterpnses Construction Bulletin Cub Foods Dauffenbach,Larry Delta Dental Desch, Mark & Glona Determan Browme Inc. Edward Don & Co Express Photo Flrstar Trust Fountain Head Group Inc Freds Tire Gilliam, Leeland Grand Pnz Vending Greeder Electnc Hamble, Rod Hentage Pnntlng InSight Jacobson, Cynthia Johnson,Jeff Johnson, Ronald Kadln, Chantell Klosowsky, Bruce Knesel, Nile Lake Country Chapter Larson Allen Welshalr & Co LLP Legislative AsSOCiates lind, Gladys MIA AsSOCiates MPH Industnes MTI Distributing Co McLeod USA Magnuson Law Firm Media One Metro Athletic Supply Metopolltan CounCil Minnesota Blue . Storage space rental Water payment receipts Browns CreeklDNR Grant Emergency repair lJfI: Station Tons 3/4" lime-Parks Dept Meeting dues-Lake Country Chapter Brake Job supplies Concession supplies Ad for bids 99 Streets Concession supplies Police Chiefs convention Cobra-Beberg Parking lease & ITI8Int Fuel 011 disposal Concession supplies Photo finishing PaYing agent fees Pump and nozzlEH=ire Dept Bob Cat tire repaJl' Training expenses-Fire Department Concession supplies Repalrs-hghts,pumps & power line Safety shoes-Parks Dept Newsletter Drum for pnnter MACA Conferen~ollce Dept Parking Copy paper-Fire Dept Mileage & parking Uniform allowance-Police Dept Supplies and meeting Membership-Buckley Audit 1998 LobbYist services Land purchase payment Shop supplies MPH Speed Trailer-Police Dept Toro tractor with mower Telephone Legal services Cable services-Rae Center Softball screen & tenniS nets Lily Lake monltonng Records retention 13500 5135 888 75 14,18721 57435 1500 247 12 6756 18850 3551 3450 4605 979 65 2421 75 4343 4770 10000 4855 1713 161 08 7000 2,803 00 3998 1,672.40 137 13 2148 3.50 2129 4845 250 53 104 25 2000 12,00000 5,040 00 927.00 20810 12,908 43 35,322.10 612 46 7,496 58 7201 734 08 86000 2,662 50 Minnesota Safety Council Mlnncor Industnes Northern Hydraulics Office Depot Office of D1spute Resolution R & R Specialties Ritzer, Joe Saint CroIx Office Supplies Service Environmental &Englneerlng Shilts, Cindy Stepp Manufacturing Stillwater Equipment Company Stillwater Ford Stillwater Gazette Strelchers Thole, Enc Thompson Publishing Tower Asphalt Treadway GraphiCS Turning POlnte TWin City Concrete US West Valley Trophy Inc Viking Office Products Village Brass Wahls Enterprises Ward, Dianne Washington County Waste Management Wilhelmson, Virginia MANUAL CHECKS - APRIL 1999 Appletree Institute US Postal Service ADDENDUM TO BILLS Coverall of the TWin Cities Gannon Auto Body Grafittl Teen Center Industrial Door Co Membership dues Office furniture Tow rope Bookcase Negotiation semlnar/Kadln Blade Gnnd ParkIng Office supplies Atple Property Phase II evaluation Meeting dues Lk Country & mileage Hot tar kettle Lamp module RepaIr-Police Dept Keys-Bldg Insp Employment Ad-Parks Dept Flashlight bulbs NLC Conference FLSA Handbook Final payment 97 Streets DARE Supplies Parktng pemuts Athletic field grid marker Telephone Name plate Office supplies Hentage Preservation Awards AeraVator AE80-Parks Dept CopIes Property taxes Garbage service- Rec Center Metro Greening Conference Blue Cross Blue Shield May 1999 March Newsletter May- c1eamng servIce Repair rear mIrror-Police Dept Contribution Skate Board FaCIlities . Fire Dept door repair , f 185.00 822 69 8304 8945 310.00 19.50 350 890 33 2,753 10 63.60 84044 52.72 576 53 3720 84.67 994.01 248 00 68,502 33 763.00 98.17 235 49 1,821.14 820 71.82 194.76 11,178.24 21.09 28,867 00 128.15 5000 . . 11,168.79 650 00 2,369 63 154.38 13,000.00 923.71 . -- , . . . Insight Jacobson, Cindy Jansens Cleamng Service Interrm Personel-Woodbury Keister & Keister MN Dept of Economic Securrty MN GISILIS Conference Northern States Power PC Solutions Service Master Sbllwater Area Chamber of Commerce Wardell, Leslie Upgrade WIN98 Property & EVidence Mgmt conf Malnt- Pnson, Library & City Hall Temporary receptionist Insurance- St CroiX Ice Arena Unemployment- Swanson-Fire Dept Ryan-Englneenng- GIS Conference Gas and Electric Service Computer malnt Window c1eamng All Clbes Banquet Sponsorship DARE gift certificates TOTAL Adopted by the City Council thiS 4th day of May, 1999 226 88 5364 1,524 86 855 60 2,332 06 3543 10000 30,983 69 669 50 489 90 300 00 10000 290,256 70 West S7'A1"B 07 JaNBBS07'A GAMBLIllG COlft'ROL BOARD PRBJIISIfS P1fJUII7' .R.DBfllAL APPLICA7'ION IFOR BOARD USB ONLY I IAMI' PAID I I CHECK NO. I I DATE I L~PPR PRINTED: LICENSE NUMBER: A-04684-001 EFFECTIVE DATE: 08/01/97 EXPIRATION DATE: 07/31/99 NAME OF ORGANIZATION: Knights of Columbus Council 1632 Stillwater . GAllBLDlG PRBJaSBS I_ORMA'l'ION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDOCTED K of C Council 1632 1910 S Greeley St Stillwater 55082 COUNTY Washington IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LBSSOR INFORMA'l'ION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: ICC Ball Inc 1910 S Greeley St Stillwater KH 55082 NAME OF PROPERTY OWNER (WHEN NOT LESSOR) : Richard Olsen S~ FEET PER MONTH: S~ FEET PER OCCASION: 116 1792 AMOUNT PAID FOR RENT PER MONTH: 250 AMOUNT PAID PER OCCASION: 200 BIHGO AC'l'IVI'l'Y BINGO IS CONDUCTED ON THIS PREMISES: Yes IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT S'l'ORAGE ADDRBSS 1910 S Greeley St Stillwater KH 55082 BARIC Dll'ORMA'l'ION Lake Blmo Bank 11465 39th St N Lake Blmo KH 55042 GAMBLING BANK ACCOUNT NUMBER: 0924481 ON "1'BB LIMBS PROVIDED BBLOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. &~1:~~E~fJ~~~~ t:~~~~~: 5~"~ M~ --. (BB SURE '1'0 COJIPLB'l'B '1'BB RBVBRSB SlOB OF 'l'BIS APPLlCA'l'ION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST , . ACKNOWLEDGMENT GAMBL:ING PRBM::ISES AtJTHOR:IZAT:ION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AG~ OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMIssIomRP TO ENTER THE PREMISES TO ENFORCE THE LAW BANK RECORDS :INFORMAT:ION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUI~S OF CURRENT GAMBLING RULES AND STATUTES. :I DECLARB THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE,; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED, I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. S~:a;UKB 01' CB:IEI' EXB\,;U~:a;J:VB 0 :ICBR ~~_.~ L GOVBRNMBNT AClCNOWL 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. s. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSH:IP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. DATE Y /1'/9'1 . . 6 C:ITY* OR COUNTY** BR COUNTY NAME TOWNSH:IP** TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION TITLE DATE RECEIVED TITLE DATE RECEIVED . REI'ER TO THE CHBClCL:IST I'OR REQ'O':IRBD ATTACHMBHTS JIA:IL TO: GAMBLDlG CONTROL BOARD 1711 W COUNTY RD B - SO:ITE 300 S ROSBV:ILLE, KN 55113 . . . . " RESOLUTION NO. APPROVING RENEWAL OF MINNESOTA PREMISES PERMIT FOR GAMBLING FOR STILLWATER KNIGHTS OF COLUMBUS #1632 AT STILLW A1'ER K.C. HALL, 1910 S. GREELEY STREET WHEREAS, the Stillwater Knights of Columbus #1632 has submitted an application to the City of Stillwater requesting City approval of a pendmg Minnesota Gambling Premises permit renewal application; and WHEREAS, it has been demonstrated that the orgamzation is collecting gambling monies for lawful purposes; NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves renewal of the gambling license requested by the Stillwater Knights of Columbus #1632 at the Knights of Columbus Hall, 1910 South Greeley Street, Stillwater, Minnesota. The Mayor and City Clerk are directed to sign the acknowledgement on the permit application, and are to attach a copy of this Resolution to the application to be submitted to the Department of Gaming. Adopted by the City Council for the City of Stillwater this 4th day of May, 1999. Mayor Attest: City Clerk . Memorandwn To: Mayor Kimble and City Council Members CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 04/28/99 Re: Automated Ticket Writing System (Ticke- Trac) Parking -- Last month we ordered the software to complete the automated ticket writing sySj~~ The system is now ready to be installed. We were going to send Dennis ~i.-sk~:and Kathy Rogness to Texas to be trained on the system. 1bis training money ~)U~geted for in the 1999 parldng budget. ---- - - --- - .- ~~~COn~]lrlTlg with Rose Holman, our computer guru, it was decided that we mi~ ~eea some technical support to make sure that the system is working properly when the~software is loaded. For a cost of$1500.00, Ticke- Trac will send a cou~t to assist us in tec1mical support and train as many people as we need. I believe this to be a much better use of the money than sending two employees to TeXas. Recommend approval of$1500.00 for technical support and training of employees for Ticke- Tract. The money is in the parking budget for 1999. . t'Y. " -- , . Mem.ornndum - To: Mayor Kimble and City Council Members cc: Nile Kriesel From: Lany Dauffenbach, Police Chief Date: 04/28/99 Re: Employment of Leo Miller Leo Miller has been doing our nuisance abatements for the past 5 years. Leo is a licensed full-time police officer with the Minnesota POST Board and is up for reneW&} as of July 1, 1999. Leo has asked to have his license expire, as he does not have .enough continuing educational credits to renew. I am recommending that his ~~ the city be changed to a community service officer. This would be a . ~!onatpart-time position. I would change his uniform to that of a eso and he ~o1i!!!~}onger cauy a gun. The pay and duties would remain the same. . 1. t . THE BIRTHPLACE OF MINNESOTA APPLICATION FOR PERMIT TO SELL Permit No 99 -- 25 Location LIly Lake Park Ballfied Organization Organization Type (Individual, For-Profit, or Non-Profit) Non Profit OrgamzatIon First Name RIck Last Name HIlI Address 5620 Memonal Avenue N _ Date of Birth: City StIllwater State MN Zip 55082 Mailing Address (if different than above) Home Phone Work Phone 651-430-2522 Event (softball game, wedding, etc. Youth Softball Tournament Type of Activity (fund raiser, dancing, music etc.) eeginning Day: Fnday, July 23, 1999 Beginning Time 5.00 PM Ending Day Sunday, July 25,1999 Selling of Beer 3-2 ~ Selling of Beer (over 3-2)* 0 Selling of Liquor* 0 Selling of Wine* 0 *Requires a temporary license through MN Liquor Control Ending Time 8:00 PM MorIi Weldon, City Clerk OFFICE USE ONLY Permit to Sell Issued o Approved by City Council on . CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 . . . Memorandum Apnl 28, 1999 TO: Mayor and CIty Council FROM: Tim Thomsen Parks Director SUBJECT: Quotations for Basketball Court at Meadowlark Park Staffhas received the following quotations for the installation of a basketball court at Meadowlark Park: Tennis West Finley Bros. Inc. T.A. ShIfsky & Sons, Inc. Tower Asphalt, Inc. $14,200.00 $16,608.10 $18,500.00 I recommend that CouncIl award the contract to Tennis West Finley Bros., Inc for their quotation of$14,200.00. Funding for this installation is budgeted for under the 1999 Capital Outlay Improvements. RESOLUTION NO. 99- AUTHORIZING AND AWARDING CONTRACT FOR THE INSTALLATION OF A BASKETBALL COURT AT :MEADOWLARK PARK . BE IT RESOLVED by the CIty Council of StIllwater, MInnesota, 'they hereby authorize the installation of a basketball court at Meadowlark Park and awardIng the contract to Tennis West Fmley Bros., Inc. for their quotatIon of$14,200.00. Adopted by Council this 4th day of May 1999 Jay Kimble, Mayor ATTEST: Morh Weldon, City Clerk . . , . Met110rnndum To: Mayor KimDle and City Council Members CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Dale: 04/28/99 Re: Sergeants Position In this years budget I requested a sergeants position in the investigative unit. That position was approved and budgeted for. I have recently filled that position with the transfer of Sgt. Klosowsky from patrol This however leaves a void in the patrol schedule. I request permission to start the testing process for patrol sergeant. . . 1 , . . . MEMORANDUM April 29, 1999 TO: Mayor and Clty CouncIl FROM: K1ayton H. Eckles )t. r: / City Engmeer SUBJECT: 1997 Street Improvements Project 9716 Acceptance ofW ork and Final Payment DISCUSSION: The work on the above project has been completed. The contractor has submitted their applicatIon for payment and required information to allow for final payment. If Council accepts the work and authorizes final payment the one-year warranty will begin. RECOMMENDATION: Staff recommends that Council accept the work and authonze final payment to Jay Brothers, Inc. m the amount of $68,502.33 ACTION REOUlRED: If CouncIl concurs with the recommendatIon they should pass a motion adopting Resolution No. 98--, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 1997 STREET IMPROVElVIENTS (pROJECT 9716) RESOLUTION 99- ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 1997 STREET IMPROVEMENTS (pROJECT 9716) WHEREAS, pursuant to a written contract sIgned between the CIty and Tower Asphalt, Inc for 1997 Street Improvemeitts (Project 9716) and theIr work has been completed WIth regard to the unprovement m accordance WIth such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby dIrected to Issue a proper order for the final payment of$68,502.33 on such contract, takmg Tower Asphalt Inc.' s receipt m full. Adopted by the Council, this 4th day of May, 1999 Jay Kimble, Mayor Attest. Morh Weldon, CIty Clerk , . . . . . . Memorandum April 30, 1999 TO: Mayor and City Council FROM: Klayton H. Eckles City Engineer IL E:" SUBJECT: Safety Railing and Gate Repairs DISCUSSION: The City has recently made improvements in the 4th Street Ravine and the Main Street Steps. As part of these projects, improvements were made that affected existing metal safety railings. Staff has been working with local welding companies to attempt to get these rmlings reparred with no success. Therefore, staffhas recently asked Twin City Fabricating to submit quotes for repairing the mlings at 4th and Hickory, Main Street Steps, and also an estimate for installmg a safety gate on the 2nd Street storm sewer pipe and the additIon of new railIngs on the first platform on the Main Street Steps. It does not appear that a railing is necessary on the first platform, therefore the total quote for the improvements could be reduced from $8,575.00 to $7,625.00 The various prices for the proposed repair work are significantly lower than the quotes we have received in the past from the local welding company. RECOMMENDATION: Staff recommends that CouncIl accept the proposal from Twin City Fabricating, Inc. for the reparr of the Main Street step railIng, the 4th Street Ravine railing and the 2nd Street storm sewer gate for a price of $7,625.00. ACTION REOUlRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 99--, ACCEPTING PROPOSAL FROM TWIN CITY FABRICATING, INC. FOR THE REPAIR OF THE MAIN STREET STEP RAILING, THE 4TH STREET RAVINE RAILING AND THE 2ND STREET STORM SEWER GATE RESOLUTION NO. 99- ACCEPTING PROPOSAL FROM TWIN CITY FABRICATING, INC. FOR THE . REPAIR OF THE MAIN STREET STEP RAILING, THE 4TH STREET RAVINE RAll..ING AND THE 2ND STREET STORM SEWER GATE BE IT RESOLVED by the City COuncll of Stillwater, Minnesota, that hey hereby accepts the proposal from Twin City Fabricating, Inc. for the repair ofMam Street step raihng, the 4th Street Ravine railing and the 2nd Stree~ storm sewer for $7,625.00 Adopted by Council tins 4th day of May 1999. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . / / · MEMO To: From: Subject: Date: Mayor and CIty CouncIl Steve Russell, Commumty Development Drrector ~ Adult Entertamment Ordmance April 30, 1999 The Planmng COmmlSSlOn reVIewed tlns item at theIr meetmg of March 8, 1999 and Apn112, 1999 After adjustIng the buffer zone for resIdentIal dIstncts, the Plannmg CommiSSIOn unammously recommend It for CouncIl approval Adult entertamment uses would be allowed as a pnnclpal use m the area marked With cross-hash marks on the SUItable Parcels for Adult SpeCIal Use PermIt map TIns area borders the north SIde of TH 36 m the Busmess Park DIStnCt. The attached adult use analYSIS was used by the Comnusslon to detennme appropnate areas for such uses. . The proposed ordInance IS detmled and extenSIve based on a reVIew of ordInances from other commumtIes and legal proceedIngs RecommendatIon Approve first readIng of Adult Entertamment OrdInance. Attachment Draft Ordmance and Adult Use AnalYSIS. . . ~ . .' Suitable Parcels for Adult Special Use Permit Zornng c::> AGRICULTURE ~ BUSINESS PARK COMMERCIAL ~ BUSINESS PARK INDUSTRIAL ~ BUSINESS PARK OFFICE c:> ONE FAMILY ~ TWO FAMILY ~ HIGH DENSITY FAMILY ~ MEDIUM DENSITY FAMILY c:J RIGHT-OF-WAY ~ PARCELS N c;) ADULT SUP DISTR~C Propored by W E 81111wa_ Olmmlftlr DlMiopment ...1'1..... S 300 0 300 600 Feet ~ 1/ . . . Adult use analysis Special use · 500 feet from any other adult use business. . 1000 feet from any ResIdential Distnct. · 1000 feet any School, Park, Saint CrOIX Valley Sports Complex or place of WorshIp · Only allowed m the Business Park Commercial Zoning DIstnct (BP-C) Accessory Use · Only allowed m the Busmess Park Office (BP-O) and the Business Park Industnal (BP-I) Zomng Districts. / Attached: · Delineated bUIldmg dIStrict for Adult SpecIal Use permits · Residential buffer limitatIon delineation · School and Places of worslup buffer lImitation delIneation · Combination of School, places of worship and residential buffer limitation delineation. · Delineation of useable parcels for adult specIal use permits. · Current land use and list of parcels for adult special use permits. /'YJ/f'fJ1 Zoning District for Adult Special Use Permit Zoning c::> AGRICULTURE ~ BUSINESS PARK COMMERCIAL .. BUSINESS PARK INDUSTRIAL ~ BUSINESS PARK OFFICE c::> ONE FAMILY .. TWOFAMILY ~ HIGH DENSITY FAMILY <G:) MEDIUM DENSITY FAMILY 8 RIGHT-OF-WAY :::~:+ICTN E SlIl_ Comnnnly DMopmenI .... 1'1..... S 300 0 300 600 Feet 1"""""'- /h,~ 2.- 1 000 foot Residential Buffer for Adult Special Use Permit Zoning c:=) AGRICULTURE ~ BUSINESS PARK COMMERCIAL .. BUSINESS PARK INDUSTRIAL ~ BUSINESS PARK OFFICE ~ ONE FAMILY fD TWO FAMILY ~ HIGH DENSITY FAMILY c.I) MEDIUM DENSITY FAMILY 8 RIGHT-OF-WAY ADULT SUP DISTRICT N ~ 1000 FOOT BUFFE+ ~~ W E 8'0_ Commlnty O....OJIIIIIIIl ... R..... S 300 0 300 600 Feet ~- . . ., M School, Parks and Worship Buffer for Adult Special Use Permit ZOning CJ AGRICULTURE .. BUSINESS PARK COMMERCIAL ~ BUSINESS PARK INDUSTRIAL .. BUSINESS PARK OFFICE CJ ONE FAMilY .. TWOFAMllY <lD HIGH DENSITY FAMilY ~ MEDIUM DENSITY FAMilY CJ RIGHT-OF-WAY OADUlTSUPDIST~RICT N ~ 1000 FOOT BUFF. ,.. E I'IeJIlaecIby Stll_ CommIll1lVDev1IIopment S IIIdA_ns 300 0 300 600 Feet ,..... - /YJ/1-t?i Buffer restrictions for Adult Special Use Permit ZOning c::J AGRICULTURE ~ BUSINESS PARK COMMERCIAL ~ BUSINESS PARK INDUSTRIAL ~ BUSINESS PARK OffiCE c::J ONE fAMILY ~ TWO fAMILY ~ HIGH DENSITY fAMILY c:2) MEDIUM DENSITY fAMILY 8 RIGHT-Of-WAY ADULT SUP DISTRICT ~ SCHOOL 1000 ft N .. RESIDENTIAL 10~Oft PropamI by W E SaII_ Canmnnty DevdClplllllll mI ABnns S 300 0 300 600 Feet ,......- MEMO . To: From: Subject: Date: Planning Commission Steve Russell, Commumty Development Director Adult Entertamment Use Analysis April 9, 1999 At your March 8, 1999, meetIng tlus item was contInued for addItional mformatIon The attached analysIs maps the vanous setback requIrements for adult entertamment based on the ordInance. As can be seen on the map, a strip of commercial land along TH 36 meets the buffer reqUIrements of the ordInance (refer to the draft ordInance preVIously provided) , Recommendation: Approval of ordmance for recommendation to City CouncIl Attachment Adult use analYSIS (ordInance preVIously prOVIded) CPC Action on 4-12-99: +8-0 Approval . 11---~ Of 'j CfU F-~ (1-fvA1l /It ~ ~ I (J Y S--l{ -'1 . . . . DRAFT Adult Uses Ordinance City of Stillwater, Minnesota 1/99 Ordinance No. Statement of policy. The city councll of the CIty of Shllwater deems It necessary to provIde for the specIal and express regulahon of bus messes or commercIal enterpnses wlnch operate as adult body pamtmg studIOS, adult bookstores, adult cabarets, adult compamonslnp establIshments, adult hotels or motels, adult massage parlors or health clubs, adult m1Ill- mohon pIcture theaters, adult modelIng stuchos, adult motion pIcture arcades or theaters, adult novelty busmesses, adult saunas, and smnlar adult onented SeIV1.ces operating under dIfferent names m order to protect the publIc health, safety and welfare, and to guard agamst the mception and transmisslOn of disease. The city councd further finds that the commercIal enterpnses such as the types descnbed above and all other sundar establIshments whose servIces mclude sessions offered to adults conducted m pnvate by members of the same or OpposIte sex, and employing personnel Wlth no specIalIzed trmmng are susceptible to operation m a manner contravemng, subvertmg, or endangenng the morals of the commumty by bemg the site of acts of prostitution, lllIClt sex, and OCCaslOns of violent cnmes, and thus reqwnng close Inspection, lIcensmg and regulahon The CIty councd also finds that control and regulation of commerCIal establIshments of these types, m view of the abuses often perpetrated, reqUIre mtenslve efforts by the polIce department and other departments of the CIty. As a consequence, the concentrated use of CIty servIces m such control detracts from and reduces the level of semce available to the rest of the commumty and thereby chminishes the ability of the CIty to promote the general health, welfare, morals and safety of the commumty In conslderahon for the neceSSIty on the part of the CIty to proVlde numerous SeIV1.ces to all segments of the commumty without a concentratlOn of publIc servIces m one area worlang to the detnment of the members of the general publIc, It IS hereby deCIded that the above descnbed uses should be lImIted to the Business Park CommerCIal, BP-C, zomng chstrict as a speCIal use and as a pernutted accessory use m Busmess Park Office, BP-O and Business Park Busmess, BP-I, zomng chstncts, and should require the Issuance of lIcenses Definitions. [As used m tlns artIcle, the folloWlng words and terms shall have the meamng ascnbed thereto ] Adult uses include adult bookstores, adult mohon pICture theaters, adult mlm-mohon pIcture theaters, adult massage parlors, adult steam room/bath-house/sauna facllihes, adult compamonslnp establIshments, adult rap/conversation parlors, adult health/sports clubs, adult cabarets, adult novelty businesses, adult motion pIcture arcades, adult modelIng studIos, adult hotels/motels, adult body painting studIos, and other premIses, enterprises, establIshments, businesses, or places open to some or all members of the publIc at or In wluch there IS an emphasIs on the presentatIon, dIsplay, depIctIon, or descnption of "specified sexual actIvItIes" or "specIfied anatomIcal areas" wluch are capable of being seen by members of the publIc ActIVItIes classIfied as obscene as defined by MInnesota Statutes sectIon 617 241 are not lawful and are not Included In the defimtIOn of adult uses . Adult uses--accessory The offering of goods and/or serVIces wluch are classIfied as adult uses on a lImIted scale and wluch are InCIdental to the pnmary actIVIty and goods and/or serVIces offered by the establIshment Examples of such Items Include adult magazines, adult mOVIes, adult noveltIes, and the lIke. Adult uses--prznclpal The offenng of goods and/or SerVIces which are classified as adult uses as a pnmary or sole actIvIty of a bUSiness or establIshment, and Include but are not IIrmted to the follOWing' Adult body pamtIng StudIO An establIshment or bUSIness wluch provIdes the serVIce of applymg paInt or other substance whether transparent or nontransparent to or on the body of a patron when such body IS wholly or partIally nude In terms of "specified anatomIcal areas". (2)Adult bookstore. A bUSIness engagmg In the barter, rental, or sale of items conSIstIng of pnnted matter, pIctures, slIdes, records, auchotapes, VIdeotapes, motIon pIcture film, or any other sllllIlar matenals, If such shop IS not open to the publIc generally but only to one (1) or more classes of the publIc, excluding any nunor by reason of age, or If a substantIal or SIgnIficant portIon of such Items are dlstIngwshed or charactenzed by an emphasIs on the depIctIon or descnptIon of "speCIfied sexual actIVItIes" or "speCIfied anatomIcal areas". . (3)Adult cabaret An establIshment which prOVIdes danCing or other lIve entertaInment If such dancing or other lIve entertamment IS dIstInguished or charactenzed by an emphasis on the performance, depICtiOn, or descnption of "specIfied sexual actIvitIes" or "speCIfied anatomIcal areas". (4)Adult compamonshlp establzshment A compamonslup establishment If such establIshment excludes minors by reason of age, or wluch prOVIdes the serVIce of engagIng In or IIstemng to conversatIon, talk. or diSCUSSIOn between an employee of the establIshment and a customer, If such servIce is chstmgUIshed or charactenzed by an emphaSIS on "specified sexual actIVItIes" or "speCIfied anatomical areas". (5)Entertaznment, adult. Adult bookstores, adult motIon pIcture theaters, adult mim- motIon pIcture theaters, adult massage parlors, adult saunas, adult compamonslup establIshments, adult health clubs, adult cabarets, adult novelty bUSInesses, adult . . motIon picture arcades, adult modeling studIos, adult hotels or motels, adult body pamtlng studIos, and other adult establishments (6)Adult establIshment. A business engaging m any of the followmg actIvIties or whIch utIlIzes any ofthe followmg business procedures or practices; eIther. a Any busmess wluch IS conducted exclUSIvely for the patronage of adults and as to wluch nunors are specIfically excluded from patronage thereat eIther by law or by the operators of such business; or b.Any other busmess wluch offers ItS patrons serYlces or entertamment charactenzed by an emphasIS on matter depIcting, exposing, descnbmg, dIscussmg or relatmg to specIfied sexual actIVIties or specIfied anatonucal areas SpecIfically mcluded m the term, but WIthout lImitatIon, are adult bookstores, adult motIon pIcture theaters, adult mlm-motIon pIcture theatres, adult massage parlors, adult saunas, adult compamonslup establIshments, adult health clubs, adult cabarets, adult novelty busmesses, adult motIon pIcture arcades, adult modelmg studIos, adult hotel or motel, and adult body paintIng studIos . (7)Adult hotel or motel Adult hotel or motel means a hotel or motel from which minOrs are specIfically excluded from patronage and wherem matenal is presented whIch IS dlstlngwshed or charactenzed by an emphasIS on matter depIctIng, descnbmg or relating to specIfied sexual actIVItIes or speCIfied anatomIcal areas (8)Adult massage parlor, health club A massage parlor or health club wluch restrIcts minors by reason of age, and wluch prOVIdes the servIces of massage, If such service IS dIstInguIshed or charactenzed by an emphasis on "specIfied sexual actIVItIes" or "specIfied anatomIcal areas". (9)Adult mlnz-motlon p,cture theater. A bUSiness prenuses Wlth[m] an enclosed buIldmg WIth a capacity for less than fifty (50) persons used for presentIng VISUal medIa matenallf such busmess as a prevaIlIng practice excludes mmors by virtue of age, or If SaId material IS dIstinguIshed or charactenzed by an emphasIS on "specified sexual actIvItIes" or "specIfied anatonucal areas" for observatIon by patrons therem (10)Adult modelzng studIO An establIshment whose major bUSiness IS the proVIsion, to customers, of figure models who are so prOVIded WIth the Intent of providmg sexual stunulatIon or sexual gratIficatIon to such customers and who engage in specified sexual actIVItIes or dIsplay specIfied anatomIcal areas wlule bemg observed, pamted, pamted upon, sketched, drawn, sculptured, photographed, or otherwise depIcted by such customers . (ll)Adult motIon pIcture arcade Any place to wluch the publIc IS pernntted or mVlted wherem com or operated slug or electronically, electrically or mechamcally controlled stIll or motIon pIcture maclunes, proJectors, or other Image-producmg deVIces are maintamed to show Images to five (5) or fewer persons per maclune at anyone tIme, and where the nnages so displayed are distInguished or characterized by an emphasis . on depictIng or descnbIng "specified sexual actIvItIes" or "specific anatonncal areas". (12)Adult Motzon P,cture Theaters. A busIness prennses Wltlun an enclosed bwldmg With a capacity of 50 or more persons used for presentIng VIsual media matenallf said bUSIness as a prevaIlIng practIce excludes minors by virtue of age, or if s31d matenalls chstIngwshed or charactenzed by an emphasis on the depictIon or descnptIon of "specified sexual actIvitIes" or "specified anatonncal areas" for observation by patrons (13)Adult Novelty Buszness A bUSIness winch has as a pnnclpal actIVIty the sale of deVices winch stImulate human genitals or deVIces winch are deSigned for sexual stimulatIon (14)Adult Sauna A sauna winch excludes mInors by reason of age, or winch provides a steam bath or heat batlung room used for the purpose ofbatlung, relaxatIon, or redUCIng, utIhzIng steam or hot arr as a cleamng, relaxIng or reducIng agent, If the servIce provided by the sauna IS distInguished or charactenzed by an emphasis on "specified sexual actIvItIes" or "specified anatomical areas". Specified anatomIcal areas Anatomical areas consistIng of. (1 )Less than completely and opaquely covered human gemtals, pubiC region, buttock, . anus, or female breast(s) below a pOInt Immediately above the top of the areola, and (2)Human male genitals In a dlscermbly turgId state, even If completely and opaquely covered. Specified sexual actIvItIes Actzvltzes conslstzng of the followzng (I)Actual or snnulated sexual Intercourse, oral copulatIon, anal Intercourse, oral-anal copulatIon, bestIahty, dIrect phYSical stunulatIon of unclothed gemtals, flagellatIon or torture In the context of a sexual relationship, or the use of excretory functIons In the context of a sexual relatIonslnp, and any of the follOWIng sexually onented acts or conduct amlIngus, buggery, coprophagy, coproplnlia, cunmlIngus, fellatIo, necroplnha, pederasty, pedoplnlia, plqulensm, sapplnsm, zooerasty; or (2)Clearly depicted human genitals in the state of sexual stImulation, arousal or tumescence; or (3)Use of human or ammal eJaculatIon, sodomy, oral copulatIon, COituS, or masturbation, or (4)Fondhng or touching of nude human genitals, pubiC region, buttocks, or female breast; or . . (5)Situations involving a person or persons, any of whom are nude, clad m undergarments or m sexually revealmg costumes, and who are engaged m actiVIties involvmg the flagellation, torture, fettering, bmding or other physical restramt or any such persons; or (6)ErotIc or lewd touclnng, fondlmg or other sexually onented contact WIth an ammal by a human being, or (7)Human excretion, unnatIon, menstruation, vagmal or anal Irrigation Licenses. (a)Llcense requIred No person, firm, or corporation shall operate an adult use m the CIty of Stillwater without havmg first secured a hcense as heremafter provided. LIcenses shall be one (1) of two (2) types (1 )Adult use, pnnclpal, (2)i\dultuse, accessory (b)Appllcatzons. The apphcatIon for an adult use hcense shall include . (l)The name, residence, phone number and birthdate of the apphcant, If an mchVIdual, and If a corporation, the names, reSIdences, phone numbers and bIrthdates of those owners holdmg more than five (5) percent of the outstandmg stock of the corporation (2)The name, address, phone number and blrthdate of the manager of such operation, If dIfferent from the owners, (3)The premIses wherem the adult use IS to be located; (4)A statement detaIling each gross misdemeanor or felony relatmg to a sex offense add/or the operation of adult uses and related actiVIties ofwlnch the apphcant or, m the case of a corporation, the owners of more than five (5) percent of the outstanding stock of the corporation, have been conVIcted, and whether or not the apphcant has ever apphed for or held a hcense to operate a sundar type of bus mess in other commumties (5)The actIVIties and types of bus mess to be conducted, (6)The hours of operation; (7)The proVIsions made to restrict access by minors; . (8)A buildmg plan of the premIses detaihng all mternal operations and activities. (c )Llcenses fees. . (1 )Each applIcatIon for a lIcense shall be accompamed by a receIpt from the City finance drrector for payment m full of the reqUlred fee for the lIcense as establIshed by CIty CouncIl ResolutIon from tIme to tune. All fees shall be pmd mto the general fund of the CIty Upon rejectIon of any applIcatIon for a license, the finance dIrector shall refund the amount pmd (2)All lIcenses shall expIre on the last day of June in each year. Each lIcense shall be issued for a penod of one (1) year, except that If a portIon of the lIcense year has elapsed when the applIcation IS made, a lIcense may be Issued for the remamder of the year for a pro rata fee. In computmg such fee, any unexpIred fractIon of a month shall be counted as one (1) month (3)The annual fee for an adult use lIcense shall be as establIshed by CIty councIl resolutIon from tIme to tIme. (4)No part of the fee pmd for any lIcense Issued under tins artlcle shall be refunded except m the followmg mstances upon applIcation to the CIty adm1mstrator Wltlnn tlnrty (30) days from the happemng of the event There shall be refunded a pro rata portIOn of the fee for the unexpired penod of the lIcense, computed on a monthly baSIS, when operation of the lIcensed busmess ceases not less than one (1) month before expIration of the lIcense because of. . a.DestructIon or damage of the lIcensed premIses by fire or other catastrophe; b. The lIcensee's Illness, c The lIcensee's death; d A change In the legal status malang [It] unlawful for the licensed bUSiness to contInue. (d)Grantzng of lIcense (I)The City shall investigate all facts set out In the applIcation Opportumty shall be gIven to any person to be heard for or agamst the grantmg of the license. After such investigatIOn and a publIc heanng, the City council shall grant or refuse the apphcatIon (2)Each license shall be ISSUed to the applIcant only and shall not be transferable to another holder Each license shall be Issued only for the prermses descnbed In the applIcatIon No license may be transferred to another place Wlthout the approval of the CIty councIl (e)Persons znelzgzblefor lzcense No lIcense shall be granted or held by any person' . . (1 )Under twenty-one (21) years of age; (2)Who has been conVIcted ofa felony or of VIolatIng any law of thIs state or local ordInance relatIng to sex offenses and/or audIt uses. (3)Who IS not the propnetor of the estabhshment for winch the hcense IS Issued (f)Places znelzgzble for lzcense (1 )No hcense shall be granted for adult uses on any premIses where a hcensee has been conVIcted of a VIolation of this chapter, or where any hcense hereunder has been revoked for cause, until one (1) year has elapsed after such conVIction or revocation. (2)Except for uses lawfully existIng at the time of adoption of thIs article, no hcense shall be granted for any adult use winch IS not In comphance WIth the CIty'S zomng regulatIOns. (g)Nonconformzng uses Any adult use existIng on the effective date of the adoption of thIS artIcle may be contInued subject to the follOWIng prOVISIons . (I)No such adult use shall be expanded or enlarged except In conformIty WIth the proVIsions of thIs article; (2)A nonconforming adult use shall be reqUIred to apply for and receIve an adult use hcense No pubhc heanng shall be reqUIred pnor to the Issuance of the hcense for the nonconformIng adult use Conditions of license, generally. (a)Every hcense shall be granted subject to the condItions In the follOWIng subsections and all other prOVISIons of thIs chapter, and of any apphcable sections of the Code of the CIty or state law. (b )AlI hcensed prenuses shall have the license posted in a conspicuous place at all tunes. (c)In the case of an adult use--princIpal, no nunor shall be permitted on the hcensed prennses unless accompamed by his parent or legal guardIan (d)Any deSIgnated Inspection officer or law enforcement officer of the CIty shall have the unquahfied nght to enter, Inspect, and search the premIses of a hcensee dunng busmess hours withIn a search and seizure warrant. . (e)Every hcensee shall be responsIble for the conduct of Ins place of busIness [and] shall maIntaIn condItions of thIs order Conditions of license, adult use-principal. . Adult use--pnnclpal busmesses shall be permItted m the Busmess Park CommercIal, BP- C, zomng dtstnct subject to the Issuance of a specIal use permIt and subject to the followmg requIrements (a)An adult use--pnnclpal busmess shall not be allowed Wltlnn five hundred (500) feet of another eXlstmg adult use measured m a straIght lme from the bUlldmgs (b)An adult use--pnnclpal busmess shall not be located wltlnn five hundred ~et measured m a straIght lIne from any buIldmg located m any reSIdentIal zomng dIStnCt m the CIty of StIllwater. (c)An adult use--pnnclpal busmess shall not be located Wltlnn one thousand (1,000) feet measured m a straIght lIne from eXIstIng school or place of worship located m the CIty of StIllwater p~ "- ~ ~ . _ ~~~k~~4- (d)An adult use--pnnclpal busmess shall not sell or dIspense nomntoxlcatmg or mtoxlcatmg lIquors nor shall It be located m a buIldmg wluch contams a busmess that sells or dIspenses nomntoxlcatmg or mtoxlcatmg lIquors (e)No adult use--pnnclpal busmess entertamment shall engage m any aCtIvIty or conduct or permIt any other person to engage m any actIvIty or conduct in or about the . adult use establIshment wluch IS prolublted by any ordmance of the CIty of StIllwater, the laws of the State ofMmnesota, or the Umted States of Amenca. Nothmg m tlns artIcle shall be construed as authonzmg or permItting conduct wluch IS prolublted or regulated by other statutes [ or] ordmances, mcludmg but not InDIted to statutes or ordmances prolubltIng the exlubltIon, sale or dIstributIon of obscene material generally, or the exlubltIon, sale or dlstnbutlon of speCIfied matenals to mmors (f)No adult use--pnnclpal busmess shall be conducted in any manner that permIts the perceptIon or observatIon from any property not approved as an adult use of any matenals depIcting, descnbmg or related to "specIfied sexual actIVItIes" or "specIfied anatomIcal areas" by any VISual or audItory medIa, mcludmg dIsplay, declaration, SIgn, show wmdow, sound transmIssIon or other means. (g)All adult use--pnnclpal businesses shall prominently dIsplay a SIgn at the entrance and located Wltlnn two (2) feet of the door-openmg deVIce of the adult use establIshment or section of the establIshment devoted to adult books or materials wluch states: "Tlus busmess sells or dtsplays material contammg adult themes Persons under age 18 years of age shall-not enter." SaId SIgn shall have letters at [least] three-eIghths-inch m height and no more than . two (2) mches m heIght . . . A (h)No person under the age of eIghteen (18) shall be permItted on the premIses of an adult entertamment establIshment. No person under the age of eIghteen (18) shall be permItted access to matenal dIsplayed or offered for sale or rent by an adult use pnnclpal busmess establIshment. (I)Adult use--princlpal busmesses shall not be open between the hours of 1 :00 am. and 8:00 a m. on the days of Monday through Saturday, nor between 1'00 a m and 12'00 noon on Sunday. Conditions of license, adult use--accessory. Adult use--accessory lIcenses may be Issued to busmesses located m the Busmess Park Office, BP-O, or Busmess Park Industrial, BP-I, zomng dIstncts subject to the followmg reqwrements. (a)The adult use--accessory shall comprise no more than ten (10) percent of the floor area of the establIshment m whIch It IS located (b )Dlsplay areas for movIe rentals or other sImIlar products shall be restricted from general VIew and shall be located Wltlnn a separate room, the access of whIch IS m clear vIew and under the control of the person responsIble for the operatIon. (c )Magazmes and publIcatIons or other sundar products classIfied or qualIfied as adult uses shall not be accessIble to mmors and shall be covered WIth a wrapper or other means to prevent dIsplay of any matenals other than the publIcatIon tItle. (d)Adult use--accessory shall be prohIbited from both mternal and external advertIsmg and smgtng of adult matenals and products Revocation suspension or non-renewal of license. The lIcense may be revoked, suspended, or not renewed by the CIty council upon recommendatIon of the City administrator by shOWIng that the lIcensee, ItS owners, managers, employees, agents or any other mterested parties have engaged m any of the followmg conduct. (I)Fraud, deceptIon or misrepresentation in connection WIth the secunng of the license. (2)Habltual drunkenness or intemperance m the use of drugs mcludmg, but not lumted to, the use of drugs dermed in Mmnesota Statutes, sectIon 618.01, barbiturates, hallucmogemc drugs, amphetammes, benzednne, dexednne or other sedatIves, depressants, stimulants or tranqUdIZers. (3)Engaging m conduct mvolVIng moral turpitude or permIttIng or allowmg others wltlun therr employ or agency to engage m conduct involvmg moral turpitude or fallmg to prevent agents, officers, or employees m engagmg m conduct mvolving moral turpitude . (4)F8.1lure to fully comply With any reqwrements of the ordmances of the City of Stillwater regard1ng samtary and safety conditions, zonmg reqwrements, bwldmg code reqwrements or ordmances, the VIolation of which mvolves moral turpitude, or f8.11ure to comply fully Wlth any reqwrements oftlns article. (5)ConVIction of an offense mvolvmg moral turpitude (6)Sale of any matenal, deVIce, or Item to any minor winch IS prolnblted by state law. The certificate holder may appeal such suspenslOn, revocation or non-renewal to the City councll The councll shall consider the appeal at a regularly scheduled pubhc heanng on or after ten (10) days from serVIce of the notice of appeal to the City adrmmstrator. At the conclUSion of the heanng, the councll may order. (I)That the revocation, suspension or non-renewal be affirmed. (2)That the revocation, suspenslOn or non-renewal be Idled and that the certificate be . returned to the certificate holder (3)The City councll may base either suspenslOn or Issuance of the certlficate upon any additlOnal terms, cond1tions, and stipulations which they may, in their sole d1scretion, Impose. Penalty for violation. Any person VIolatmg any proVIsion oftlns article is gwlty of a misdemeanor and upon conviction shall be pumshed not more than the maximum penalty for a nnsdemeanor as prescribed by state law. / Additional conditions. The City Council, upon recommendation of its Planning CommisslOn, may make or propose such other conditions and restnctions on Sexually Onented Busmesses as the City Councll deems from time to time to be appropnate, where such restnctlOns or regulations are deSigned to protect the general health, safety and welfare of the pubhc. . . . . MEMORANDUM TO: Mayor and Council FR. CIty Coordinator RE: Treatment of Lily lake DA. Apn130,1999 Discussion. Accompanying this memo is a letter from Mr. Bill Fierke requesting the treatment of Lily Lake for algae. The cost of the proposed treatments is $2142. In addition to this cost the lake shore property owners are also requesting that the City share m the cost of treating submerged, aquatic vegetation. The estimated cost to treat the submerged vegetation is $2100 and the City's' proposed share would be about $1260 (assummg all of the property owners request the treatment (14? owners). In the past, the City has paid 60% of the cost of treating the submerged vegetation and the City has also treated the areas by the swimmmg beach and fishing pier for algae. However, this request would increase the cost by about $2100 for the other treatments (Le., filamentous and plankton). Therefore, the cost to the City, as I understand it, would be about $4200 plus about $800 for the treatments by the beach and fishing pier. Although this does not appear to be a significant amount, I wonder if all of the cost should be shared on at least a 60-40 basis. An argument could be made that the treatments for the submerged vegetation directly benefit the owners and the cost should therefore be borne by the owners Further, in talking to a professional Limnologist, it appears that these treatments are a very short-term fix. We are merely treating a symptom and not the cause and that any time after the treatments are made, a heavy amount of precipitation will add enough nutrients to the lake to create weed and algae growth. In short, the treatments do not appear to be the answer to the problem. What would be the answer, however, is the plan that we are working on to keep the nutrients, etc. from entering our lakes in the first place. Discussion; Council consider request to participate in treatment for algae and weeds in Lily Lake. '/I~ E. W. (Bill) Fierke, Jr. 724 So. Owens St. Stillwater, Minn. 55082 651-439-2396 . April 9, 1999 Mr. Klayton Eckles, P. E. Stillwater C1ty Engineer 216 North 4th Street Stillwater, Minnesota 55082-4898 Dear Klayton: Subject: Lake Management's treatments of Lily Lake. Meeting with Councilman Bealka and Don Pennings of Lake Management this morning, I suggested that Lake Management's 1999 contract with the city for algae treatments include: One treatment for filamentous algae for $795. Three treatments for plankton algae @ $449, $1,347. In the past there has been one treatment for each. The one treatment for plankton algae has not been adequate, and the effect has lasted for only a few days. In one year, 1996, when fortuitous conditions allowed . the one treatment to work, the results were dramatic and the lake became markedly clearer. Three treatments are generally required to make a difference. Lake Management sends its proposals to Tim Thompson. Councilman Bealka wasn't sure whether or not council action is needed to increase the plankton treatments. As before, lakeshore residents will be able to order additional treatments in front of their properties. Lake Management has agreed to simplify this program and will deal directly with those who want additional treatments, processing permits for them and handling the whole thing. When the lakeshore owners' obligations are totalled up, the group will request the 60% subsidy granted by the city in past years. Lake Management won't require payment from the residents until the subsidy has been requested. If it is granted, Lake Management has agreed to receive it and apply it proportionately to homeowner's bills. The request for the Subsidy will be brought to the council after the treatments are completed. I'll handle that this year and find someone else to take over next year. Regards, ~ Bill Fierke . cc: Councilman Bealka · MEMO To: From: Subject: Date: Mayor and CIty CouncIl Steve Russell, Commumty Development DIrector V DIscuSSIOn of Code VIOlatIons and Zomng Concerns at Gannon's Auto Body Apn130, 1999 The condItIon of Gannon's Auto Body Shop SIte has been a concern to the CIty of StIllwater and surroundmg neIghborhoods for several years. McKusIck Road IS an entryway to StIllwater from the west and the appearance of the sIte gIves the CIty a bad Image. A recent InspectIon of the SIte showed over 30 cars parked at vanous locatIons around the auto reparr shop A reVIew of the sIte WIth the BuIlchng Inspector IndIcated the temporary storage structure attached to the west SIde of the reparr shop IS not to code and Illegal. Cars are parked m the requIred setback areas and parts of cars are stored m vanous locatIons for long penods oftIme To deal WIth tlus SItuatIon, staffmet to develop a strategy Staffmcluded the CIty Attorney, . Code Officer, BuIlchng Inspector, CIty CoordInator and CIty Planner. The strategy is two fold. (1) to bnng the eXIstIng use up to current reqUIrements by requmng the removal of the temporary structure; and (2) developmg an ordmance requmng screemng of autos stored outSIde ThIS ordmance would be prepared by staff WIth Planmng ComnussIOn mput. The ordmance would reqUIre autos to be screened by a solId fence and located behInd the reqUIred setback. Recommendation. ImtIate Zomng OrdInance amendment reqUlnng screemng of autos stored outSIde. . , · MEMO . . To: From: Subject: Date: Mayor and City Councll Steve Russell, Commumty Development DIrector V Deerpath Area Traffic Situation April 30, 1999 As part of the on-goIng dISCUSSion of traffic on Deerpath, a meetmg was held With the neighborhood March 4, 1999 (agenda and Sign up lIst attached). Neighbors attending the meetIng were from Deerpath, Bnck Street, OlIve Street and Maryknoll. Staff in attendance Included Klayton Eckles, Larry Dauffenbach, Joe Lux and Steve Russell. Councilman CummIngs was also present After dIscussmg the traffic situation and the art and sCience of traffic management, the consensus of the group was to document eXistIng traffic conditions on Deerpath and In the neighborhood (see attached traffic count map) then install a temporary turn restnctor on the comer ofDeerpath and OlIve Street (see concept deSign) for the summer At the end of the summer recount Deerpath and area street traffic and evaluate the benefit of the temporary improvement to determIne benefits and possible permanent construction. In the fall, staff Will return back to the Councll With an evaluation of temporary turn restnctor. Staff proposed this temporary turn restnctor as a pilot project to see If a permanent restnctor should be constructed. ThIs pilot project raIses the Issue of City polIcy regarding neighborhood traffic dIversion and how dIversIOns will be paId for, City or benefitmg neighborhood. The mtent of staff IS to research other City neighborhood traffic diversion polIcies and to present to the Councll this fall with the results of the pllot and a neighborhood draft traffic diversion polIcy. It IS estimated the cost of the pllot project is $2,000 - $4,000. Recommendation. DIrect staff to have the temporary traffic dIversion installed at the comer of OlIve Street and Deerpath to be paid for by the City and that staffbe dIrected to evaluate the impact of the diversion and to report back to Council with a project evaluation and draft neighborhood traffic dIversIOn polIcy Fall 1999. Attachments. ~ ~ -J ) \ I MYRTLE STR - - -- W RAMSI;,( ST i _.;:~ ~ 8 - --j ~ ~ Deerpath AnalysIs 100 0 100 200 Feet i"""""_ ----, -1 , I L- I - I W PINE ST I I I \ J 41 , , ~ , , }II , I , " , " , , , , Deerpath Analysis , ,. ' , " " , " " Comer ,', ,J , , ( , C) Right-of-way , I, ,> " h' I , C) " I " Parcels . . I , " , " , 10 0 10 20 Feet " ,,' , ~ ~ 1 " > ~ N ',' " & ' '\1 (, ~ ' '. , -. _ "...& , '- , " " " " , '. '~ I l!l] , ,Bl , , ' , " " , " , < " , '- = I ~' I " , ,> , I , " , \ . "'/ f ~I " " , , I . , <, Bl , . , : 1 :1 ' ' , , " , t't' , " ' . I' , , , , I " " " , . , ' >, , .,.1 It' , ,> - r " " . . . , '\ "I >, - , . " APR-29-1999 14:03 r , 07:00 .. 1 . 0&:00 .. 22:00 08:00 .. 24:00 00:00 .. 2':00 Printed an 2614189 It 8 71 AM . - WASH CTY PUBLIC WCRKS . . . 6124304350 P.02/07 , stillion Nwme Deer Path, South Dr CSAH 12 SIttID 125OOClOClClOC1O StatIon Number. 125OOCClOOOCO CltylTown: [NoneJ ~ WIIlIhIngfon Stalt DewTime' TueMay, 20 ApriI1_1t 14 CIO End DateITIme: Thu~. 22Ap11 1999 lit 1458 AQ Ctlannels . Mon IIrI 8at . I :. i' .._._ _ _..... . . ..... ... -. - : ... ...!... --- ... .. '"'''iT ..- - . -- '"'3""'." 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I __ . . ~ .... ,t~_~. .1~~ I I' : - . . . ....: '"~ - - t. .. - I -... ... ,! - --~.- ...- -~ 7149 4 2715....., ~ . 4d(,u 1.U~"'plt~ . P\'ep8red far Joe Wx lISII1g TOPS from PI8k TraftIc Page 1 . .~ . . . ..... .... I TerraServer Self-extractlng 'nt 3,078 KB) ~rml ., EUSGS $QI'\WI f1v<<1.I.;:,Mtld nh . Page Image SIze 137 0 KB (approxImate) , , I I I ~ I . ,I, I f" I I' illwater '~ ~ ,~ THE BIRTHPLACE OF MINNESOTA . J . Deerpath/Brick Street Meeting March 4, 1999 City Council Chambers Agenda Introductions 1. Background -Steve Russell, Planmng, Land Use -Larry Dauffenbach, Poltce ChIef, ACCIdents -Joe Lux, WashIngton County, Traffic/AccIdents -Klayton Eckles, CIty Engtneer, Traffic/Street System . 2 Traffic Management Change (test) -Possible Impacts -DIScussIon -Next Steps . CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 612-439-6121 . .. , 2>~~'" 1+/ /J~ --~~-/11~~-~ ___n -~~-A- -/hL~____ ~---- ----------- -- -------- .. lleeti2eAK. e1.(,-'_Vee.,..P~ I9(/LVA~fJs. 6J_O(p-->>'d-<._e~ ~~ML_~~ 14J __ ~ ~j.lfe,_L11't;J M ~U_Cotr:clL ti1~(~~. \. ~.=an--V- ~~. . ----- J""~Q.lA-_SeWJ~ ____ ___LOL&~A-,]:l'L ________ __ -------------j~~"""-, - - - ~ ~ -----\,~ ~~:'~~ ~ ~ :_---- ---.. 7TJL~~-~Al/A ~~. ~~u. ;"]J~~ - - --------- -- - ----- ~ - ~J.J~lbl~______.J~..LQklte. o' ~~~~ \itCL~_Ll~ [l""" ~~_1~,- t6~~_Lv. O~t1.. ~ 4t.t.~o_e~\V\""~ I't" ~L~ Cl "'Co ~ , \h~~..s~ ~9\. So, ~:...\(.. m,.~+J.,-~k~ .2_~2-()Q.Il;..J~ , -lJ\~'("C"~ ~"3\_~_ "Z..c:-. \ ~c.r. ( \ c..\< ," ~ \.~('. ~ '\L\~,an \ \ \ \?'("~c..'<. , '\\ '{'t'\ ~ ~" ~ ~ -(\" (: ~ . . , ' " , ' . . . . Menwrandum Apn130, 1999 TO: Mayor and CIty CouncIl FROM: Klayton H. Eckles CIty Engmeer k.g ~ SUBJECT: AcqwsltIon of Easements for Trout Stream RealIgnment Project DISCUSSION: The Jomt DNR and CIty project to realIgn the trout stream through the Oak Glen mne hole golf course IS proceedmg at a SWIft pace. The DNR faces a slgmficant deadhne in that if the project IS not underway by June 30, 1999 the State fundmg WIll dIsappear So far, the adJolmng property owners have been very cooperatIve, but any snag regardmg easements or access could shelf the project. As part oftlns proJect, the CIty IS mtendIng to construct a portIon of the Trout Stream MItIgatIon Plan., constructing some of the pIpe that IS part oftlns MItIgatIon Plan m assocIation WIth tlns project could slgmficantly reduce the cost of that proJect. Completing these projects now would aVOId havmg to dIsturb the golf course agam m the future. The DNR IS obtammg all the easement necessary to reahgn the creek, the CIty WIll need to acqwre easements m order to place some of the pIpe, and therefore we should begm the process of easement acquIsItIon immedIately. RECOMMENDATION: Staff recommends that CouncIl dIrect the CIty Attorney to take the steps necessary to acqwre any addItIonal easements needed for the Trout Stream Reahgnment Project and Trout Stream MItIgatIon Project m the area of the Oak Glen Country Club. .. I . . . Memorandum Apn130,1999 TO: Mayor and CIty Council FROM: Klayton HEckles J/ -e- ~ City Engmeer f<.... SUBJECT: Review of the Phase IT EnVIronmental Site Assessment For Alple Property DISCUSSION: Attached are memos and copies of the text from Service EnVIronmental Phase IT EnVironmental Study of the Alple Property. The Phase IT Report Identifies a number of environmental Issues that should be addressed to hmIt City hablhty and make the site available for park development. Most of the Issues reqwre chscusslons With vanous government agencies. As the cover letter from ServJ.ce Environmental suggests, their staff Will begm chscussions With the vanous agencies If Council Wishes to use the remaimng budget funds for tIns project. ServIce EnVIronmental also recommends that we enter this project m the Voluntary Investigation and Cleanup (VIC) program With the Minnesota Pollution Control Agency. Entenng tIns project in the VIC program will result in some costs for State reVIew. Also, there could be adchtlonal costs as we proceed through the VIC program m that some cleanup or corrective actions may be necessary. RECOMMENDATION: Staff recommends that Council authonze Service EnVIronmental to use the remamder of the budget for tIns project to transnnt copies of the reports to State agencies and meet with their staff to discuss resolution of environmental Issues for the Alple property. Staff also recommends that Council authonze entenng tIns project m the VIC program ACTION REOUIRED: If Council concurs with the staff recommendation they should pass a motion authorizmg the use of the remaming budget for the Alple property environmental study for ServJ.ce EnVironmental to meet With State agencies and staff and authorize entenng tIns project mto the Voluntary Investigation and Cleanup (VIC) program. . TRANSMITTAL [SERVICE] \ ETIVlronmental Engmeermg 2200 Umversity Ave W Ste 1 lOA - St. Paul MN - 55114 . Phone 651-644-6680 - Fax 651-644-7008 Date: Friday, April 16, 1999 To: Klayton Eckles City of Stillwater Address: 216 North 4th Street Stillwater, MN 55082 From: Mark S. Mason cc: Subject: Former Aiple Property Phase n Report Klayton. Enclosed is the following 5 - copies of the Phase IT Report Invoice #970665 ($2,753 10) Completed Minnesota Pollution Control Agency (MPCA)Voluntary Investigation and Cleanup (VIC) Application (minus signature) Completed Minnesota Department of Agriculture (MDA) Voluntary Cleanup Technical Assistance Program (VCTAP) Apphcation (minus signature) SERVICE's April 30, 1998 proposal for completing the Phase IT work was $18, 86900 As presented in this proposal, "if some of the work could be completed concurrently, the costs of the tasks could be reduced" SERVICE was able to complete some of the work concurrently and finished the project l00/c, ($1,886 90) under budget . SERVICE recommends that the remainder of the budget be used to transmit copies of the Phase I and Phase II reports to the MPCA and MDA and meet with their staff to further discuss what level of effort may be required to secure letters of assurance which will limit future environmental liability associated with the site After meeting with the MPCA and MDA, SERVICE will prepare a cost estimate for completing additional soil borings or sampling, if required Please give me a call at 651-644-6680 if you have any questions Thank you, K~~~ Mark S Mason . Page 1 j . . . April 19, 1999 Mr Klayton Eckles, P .E. CIty of Stillwater 216 North Fourth Street Stillwater, MInnesota Re: Phase II Environmental Site Assessment Report Former Aiple Property StIllwater, Minnesota Dear Mr. Eckles' [SERVICE) Environmental & Engineering 2200 Umverslty Ave W #1/0. St Paul. MN 55/].1 (612) 644-6680. Fax (612) 644-7008 The attached report summanzes the results of the Phase II EnVIronmental SIte Assessment (ESA). Potential groundwater and soil contaminatIon was detected at the SIte SERVICE recommends that the Site be entered into regulatory programs at the Minnesota Pollution Control Agency (MPCA) and Mmnesota Department of Agriculture (MDA) to pursue letter of assurance that will limit future environmentalliabihty associated with the Site If you have any questions regardmg the presented InformatIon, please contact me at 651-644- 6680. Sincerely, ~~ Mark S. Mason Senior Project Manager enclosure 60'. fl9"~~loc 3\:00000:1 CcrC;:.J"'1e" ".,c;.<-I.E! @ 97066PhaseUReport 0499 , EXECUTIVE SUMMARY . SERVICE Environmental & Engineering (SERVICE) has completed Phase II Environmental SIte Assessment actIvities at the above referenced SIte. The scope of work performed at the Site was in accordance with our proposal entitled "Proposal for Completing a Phase II Environmental Site Assessment" dated April 30, 1998 The following information summarizes the results of the investigatIon and provides recommendations for entering the Site Into regulatory programs at the MInnesota Pollution Control Agency (MPCA) and MlllD.esota Department of Agriculture to seek letters of assurance which will limit the future environmental liabIlity associated with the Site. 1 SIX composite surficial soIl samples were collected at the SIte on August 18, 1998. The soIl samples were collected in suspect areas identIfied during the Phase I Environmental SIte Assessment near former suspect pesticide and fertIlizer handlIng and storage areas All six of the samples were analyzed for Total KJeldahl Nitrogen (TKN) and NItrate- NItrogen concentratIons Minnesota Department of Agriculture (MDA) soIl cleanup levels for Nitrate - NItrogen is 200 milligrams per kilogram (mg/kg) and for TKN is 2,000 mg/kg The soIl chemIStry results were below these lllmts WIth the exceptIon of soIl sample S-1 wluch indIcated a concentratIon of 240 mg/kg NItrate NItrogen Low levels of pesticides were also detected in samples S-4 and S-6 The concentrations detected are below the MPCA's Soil Reference Values (SRVs) for reSIdentIal SItes SERVICE recommends that the CIty of Stillwater enroll the Site Into the MInnesota Department of Agriculture (MDA) Voluntary Cleanup Techmcal Assistance Program . (VCT AP) to further investigate the agricultural chemical releases at the Site. 2 Twenty-two test pItS were advanced at the Site in August and December 1998 The test pItS were advanced in locatIons whIch may have been environmentally Impacted based on hIstorical land use A black coal-hke materIal was identified In the majorIty of the test pits advanced north of test pIt TP-14 The material was typically located between the depths of one to three feet below eXistIng grade and ranged from six inches to two feet m thIckness Three samples of thIS material was collected and analyzed for polynuclear aromatic hydrocarbons (PAHs) Low level PAHs were detected in all of the samples The concentrations were below respective MPCA Residential SRVs WIth the exceptIon of benzo(a)pyrene at a concentration of2 6 mglkg In test pit TP-12 SERVICE recommends that the City of Stillwater enter the MPCA's Voluntary InvestIgatIon and Cleanup (VI C) Program to obtain a "No ActIon" letter for the coal-like material IdentIfied at the SIte Further dehneation and samphng of this material may be requIred by the MPCA. If future excavation work for footing placement will be completed in this area, SERVICE recommends that a Soil Contingency Plan be approved by the MPCA. 3. An area of stressed vegetation was identIfied near test pit TP-14. A grab sample was obtained within the staIned area from a depth of 0 to 6 six inches. Polychlorinated biphenyls (PCBs) and naphthalene were identified exceedIng MPCA ReSIdential SRVs. This release appears to be localIzed and has impacted the upper six inches of soIl. . I 97066PhaseIlReport 0499 . l . . . SERVICE recommends that tins area remedlated and a "No Action" letter secured from the MPCA VIC program 4. Elevated PID readings and petroleum odors were Identified in test pits TP-8, TP-9 and TP-IO. Based on field observations, a petroleum release was reported to the MPCA. Ground water may be impacted with dissolved gasoline concentrations A potential source for this petroleum release is the upgradient former gasolme service station located on the west side of State Highway 36 Additional subsurface evaluation work will be reqwred to defme the extent of the release to soil and ground water. The former underground storage tank owner or operator may be responsible to investigate the extent of this release. SERVICE recommends that the City of Stillwater enter the Site mto the MPCA's Voluntary Petroleum Investigation and Cleanup (VPIC) program m an attempt to receive an "Off-Site Tank Release Determination Letter" and potentially have a petroleum impacted "Soil Contmgency Plan" approved 5 Test pits completed near the north end of the property detected low concentrations of P AH compounds in soil samples collected near the water table These low concentrations may be associated with the former coal gasification plant located north of thiS area SERVICE recommends that an "Off-Site Source Determination" letter be received from the MPCA VIC program 11 97066PhaseIIReport 0499 . \ 1.0 INTRODUCTION/SCOPE . SERVICE Environmental & Engineering, (SERVICE), was authorized by the CIty of StIllwater to conduct a Phase I Environmental SIte Assessment (ESA) and Phase II subsurface evaluation at the tract ofland referred to as the Aiple Property ("Site"), Stillwater, Minnesota (Figure 1, Site Location Map, and Figure 2, Site Map) The Phase IT work was completed in response to potential "Recognized EnVIronmental Conditions" as defined by ASTM E1527-97. SERVICE's Phase II subsurface evaluatIon scope of work consisted of the following · Collecting and analyzing six surface soil samples in areas near the former Terra Terminal that exhIbited soIl staining and/or stressed vegetatIon These soil samples were analyzed for Minnesota Department of Agnculture (MDA) List 1 Pesticides, Organochlorine Pesticides, NItrate-NItrogen and Total KJeldahl NItrogen (TKN) concentratIons . Excavating twenty two test pIts, field screening soil samples for elevated organic vapors and collectmg and analYZing select soil samples for Polynuclear AromatIc Hydrocarbons (P AHs), V olatIle Organic Compounds, Resource ConservatIon and Recovery Act (RCRA) metals, Polychlorinated BIphenyls (PCBs) and Total Cyamde concentrations . · PreparIng a factual report with recommendatIOns Followmg summarizes the results of the Phase II subsurface evaluation 2.0 PHASE II PROJECT RESULTS 2.1 SoiUGroundwater SoIl samples were collected at apprOXimate two foot vertical intervals In the 22 test pits. With the exception of Test PIts TP-16, through TP-19, which were completed by the Quonset building near the southern edge of the property, mIxed fill was encountered in all test PItS. The fill consisted of silty sand, gravel, cobbles, limestone/sandstone boulders, concrete debris, abandoned railroad tracks and wood. The wood IS most likely associated with the historical use of the SIte as a lumber mIIVyard. A black coal-like matenal was Identified In the maJonty of the test pits advanced north of test pit TP-14 This matenal was typIcally located between depths of one to three feet below grade and ranged from six inches to two feet in tluckness The consistency of this material varied between a black charcoal-lIke material and a black sand/gravel based material. . 1 97066PhaseUReport 0499 ,. . . . Subsurface conditions near the southern Quonset hut appeared to consist of sIlty fine to medium grained sand with gravel, potentially associated with native fluvial deposits. Bedrock was encountered at test pits TP-5 at nine feet and was observed outcropping from the bank directly adjacent to TP-IO. SERVICE expects that the depth to bedrock fluctuates across the Site. In general, the depth to bedrock will increase as you move east across the Site toward the St. Croix River The observed limestone and sandstone bedrock outcropping in the bank near the west property hne of the Site is from the St. Lawrence and Franconia Formations The depth to groundwater varied across the Site. In general, as you approached the river, the depth to groundwater increased to a depth of approximately eight to nine feet below eXisting grade. Test pit TP-I 0 was completed near the entrance to the Terra Terminal. At this location, groundwater was observed running out of the bank adjacent to a limestone boulder which may be in-place bedrock Orgamc vapors were detected at the 3.5 foot depth at TP-8 (center of Site) This observation leads SERVICE to conclude that seasonal water table fluctuations associated with spring floodmg of the St Croix River Will reach this elevation or higher. Groundwater encountered at test pits TP-8, TP-9 and TP-IO exhibited rainbows or a sheen on the surface of the water. The test pits locations are shown on Figure 2 and the test pit logs are presented m Appendix A. Field methodologies are presented in Appendix B 2.2 Organic Vapor Readings Soil samples collected in the field were screened with a photoionization detector (PID) equipped with an 11.7 e V lamp. Elevated field organic vapors were encountered associated with the petroleum impacted soil at test pits TP-8, TP-9 and TP-IO. The highest readmg, 339 parts per million, was detected at the six to seven foot interval at test pit TP-9. A slightly elevated field organic vapor readmg, 16 ppm, was also encountered at test pit TP-14 from a soil sample collected from the zero to six inch mterval. 2 97066PhaselIReport 0499 .. -. No elevated field organic vapor readmgs were detected associated with the previously discussed black layers. Field organic vapor PID readmgs are presented on the test pit logs attached as Appendix A . . 2.3 Soil Chemistry SIX surface (0-6") soil samples were collected in areas near the former Terra Termmal that exhibited soil staining or stressed vegetation The soil samples were composIted from five discreet samples collected within a 15 foot radius and were analyzed for organochlorine pesticides (SW-848, 8081), MDA List 1 Pesticides (SW-846, 8270), NItrate - Nitrogen (EPA 353.2) and TKN (EPA 351.2) concentrations. The results of the analyses are presented on the attached Table 1. The soil sampling locations are presented on Figure 2 and the laboratory reports are attached as Appendix C. Ten additional soil samples were collected from 22 test pits that were completed throughout the SIte. These soil samples were analyzed for VOCs (SW-846, 8260) PARs (SW-846, 8270), PCBs (SW-846, 8081), Arsenic (SW-846, 6010), Barium (SW-846, 6010), Cadmium (SW-846, 6010), Total Chromium (SW-846, 6010), Total Lead (SW-846, 6010), Mercury (SW-846, 7471), Selenium (SW-846, 6010) Silver (SW-846, 6010) and Total Cyamde (SW-846, 6010) The results of the analyses are presented on the attached Table 2 Laboratory reports are attached as Appendix C . 3.0 CONCLUSIONS AND RECOMMENDATION SERVICE Environmental & Engineenng (SERVICE) has completed Phase II EnVIronmental Site Assessment activIties at the above referenced SIte, The scope of work performed at the Site was in accordance with our proposal entItled "Proposal for Completing a Phase II EnVIronmental SIte Assessment" dated April 30, 1998 The following information summarizes the results of the investigation and provides recommendations for entering the SIte into regulatory programs at the MInnesota Pollution Control Agency (MPCA) and Minnesota Department of Agnculture to seek letters of assurance which willlinnt the future environmental lIabIlIty assOCIated With the Site. · SIX composite surficial soil samples were collected at the Site on August 18, 1998. The soil samples were collected in suspect areas Identified during the Phase I Environmental Site Assessment near former suspect pesticIde and fertilizer handling and storage areas. All six. of the samples were analyzed for Total Kjeldahl Nitrogen (TKN) and NItrate - Nitrogen concentrations Mmnesota Department of Agriculture (MDA) soil cleanup levels for Nitrate - NItrogen is 200 milligrams per kilogram (mg/kg) and for TKN is 2,000 mg/kg. The soil chemistry results were below these limits with the exception of soil sample S-1 which .smdicated a concentration of240 mglkg NItrate Nitrogen. Low levels of pesticIdes were also 3 97066PhaselIReport 0499 # I . . . detected in samples S-4 and S-6. The concentrations detected are below the MPCA's Soil Reference Values (SRVs) for residential sites SERVICE recommends that the City of Stillwater enroll the Site into the Minnesota Department of Agriculture (MDA) Voluntary Cleanup Technical ASSistance Program (VCT AP) to further investigate the agricultural chemical releases at the Site. . Twenty-two test pits were advanced at the Site m August and December 1998. The test pits were advanced in locations which may have been environmentally impacted based on historical land use A black coal-like material was identified in the majority of the test pits advanced north of test pit TP-14. The material was typically located between the depths of one to three feet below existing grade and ranged from six inches to two feet m thickness. Three samples of this material was collected and analyzed for polynuclear aromatic hydrocarbons (PAHs) Low level PAHs were detected in all of the samples. The concentrations were below respective MPCA Residential SRVs With the exception of benzo(a)pyrene at a concentration of2.6 mglkg in test pit TP-12 SERVICE recommends that the City of Stillwater enter the MPCA' s Voluntary Investigation and Cleanup (VIC) Program to obtain a "No Action" letter for the coal-like material identified at the Site. Further dehneation and sampling of thiS matenal may be required by the MPCA. If future excavatIon work for footing placement Will be completed in this area, SERVICE recommends that a Soil Contingency Plan be approved by the MPCA . An area of stressed vegetation was identified near test pit TP-14 A grab sample was obtained within the stained area from a depth of 0 to 6 six mches Polychlormated biphenyls (PCBs) and naphthalene were identified exceeding MPCA Residential SRV s. This release appears to be localized and has impacted the upper six inches of soil SERVICE recommends that this area remedlated and a "No ActIon" letter secured from the MPCA VIC program . Elevated PID readings and petroleum odors were identified in test pits TP-8, TP-9 and TP- 10. Based on field observatIons, a petroleum release was reported to the MPCA Ground water may be impacted with dissolved gasolme concentrations. A potential source for this petroleum release is the upgradient former gasoline service station located on the west side of State Highway 36. Additional subsurface evaluatIon work will be required to define the extent of the release to soil and ground water. The former underground storage tank. owner or operator may be responsible to investigate the extent of this release 4 97066PhascIIReport 0499 '" -\ SERVICE recommends that the City of Stillwater enter the Site Into the MPCA' s Voluntary Petroleum Investigation and Cleanup (VPIC) program in an attempt to receive an "Off-Site Tank Release Determination Letter" and potentially have a petroleum impacted "Soil Contingency Plan" approved . · Test pits completed near the north end of the property detected low concentrations of P AH compounds in soil samples collected near the water table. These low concentrations may be associated with the former coal gasification plant located north of tins area SERVICE recommends that an "Off-Site Source Determination" letter be received from the MPCA VIe program. 4.0 QUALIFICATIONS Our professional services have been performed, our findings obtained, and our recommendations prepared in accordance with customary principles and practices in the fields of environmental sCience and engineenng This company is not responsible for the Independent conclusions, opinions or recommendations made by others based on the records review and Site evaluation . It should be noted that all environmental assessments are inherently limited In the sense that conclusions are drawn and recommendations developed from information obtained from limited research and Site evaluation. Additionally, the passage of time may result in a change in the environmental charactenstics at this Site and surroundmg properties. Tms report does not warrant against future operations or conditions, nor does this warrant operations or conditions present of a type or at a location not investigated This report is not a regulatory compliance audit. . 5 97066PhaseIIReport 0499 . . . Memorandum May 3, 1999 TO: Mayor and CIty CouncIl FROM: Klayton H. Eckles ~ ~/ CIty Engmeer SUBJECT: DecoratIve LightIng Workshop With NSP DISCUSSION: NSP has mformed me that they have the informatIon on the decoratIve hghtmg for downtown ready for presentatIon to the CIty CouncIl. ACTION REOUlRED: CouncIl should set a date for the workshop With NSP regardmg the decoratIve hghtmg / . . . MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND COUNCIL MORLI WELDON, CITY CLERK . REQUEST FOR WORKSHOP- NSP PROPOSAL FOR DECORATIVE LIGHTS 04/30/99 Information regarding the request to set a workshop date to discuss the NSP proposal for decorative lighting was not available at the time the packet was prepared. Information will be provided at the Tuesday meeting. CITY OF STILLWATER . MEMO Apn129,1999 TO: Mayor and CIty CouncIl FROM: Shawn Sanders, CIvIl Engmeer ~5 . SUBJECT: 1999 Street Project Project 9902 DISCUSSION: BIds for the 1999 Street Improvement Project were opened Thursday, Apn129 at 10:00 am Four bIds were receIved WIth the results as follows: BIDDER BID AMOUNT Tower Asphalt, Inc. $431,39820 . Lakeland, MN North Valley, Inc. $447,885.35 Brooklyn Park, MN Hardnves, Inc $481,731 80 Rogers,MN W.B MIller, Inc $616,455.00 Elk RIver, MN ENGINEER'S ESTIMATE $480,000.00 RECOMMENDATION: Staff recommends that CouncIl receIve the bIds and award the contract to Tower Asphalt for their low bId of $431 ,398 20 ACTION REOUlRED: . If CouncIl concurs WIth the staff recommendation, they should pass a motIon adoptmg Resolution No 98--, ACCEPTING BID AND AWARDING CONTRACT FOR 1999 STREET IMPROVMENTS (pROJECT 9902) RESOLUTION NO. 99- ACCEPTING BID AND AWARDING CONTRACT FOR 1999 STREET IMPROVMENTS . WHEREAS, pursuant to an advertIsement for bIds for the constructIon 1999 Street Improvements, bids were receIved, opened and tabulated accordmg to law, and the following bIds were receIved complymg With the advertIsement, BIDDER BID AMOUNT Tower Asphalt, Inc. Lakeland, MN $431,39820 North Valley, Inc. Brooklyn Park, MN $447,885.35 Hardnves, Inc. Rogers,MN $481,731.80 W B.Mdler, Inc Elk RIver, MN $616,455.00 AND, WHEREAS, It appears that Tower Asphalt, Inc. of Lakeland, MInnesota IS the lowest responsIble bIdder -, . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1 The Mayor and Clerk are hereby authonzed and dIrected to enter Into a contract With Tower Asphalt, Inc of Lakeland, Minnesota In the name of the City of StIllwater for the constructIon of accordIng to the plans and specIfi.cations therefore approved by the City Council and on file in the office of the CIty Clerk 2. The CIty Clerk IS hereby authonzed and drrected to return forthwith to all bIdders the deposits made With theIr bids, except the depOSItS of the successful bIdder and the next lowest bIdder shall be retamed untIl a contract has been SIgned Adopted by the CIty CouncIl tlus 4th day of May, 1999 Jay KImble, Mayor ATTEST: Morh Weldon, CIty Clerk . · MEMO . . To: From: Subject: Mayor and City Council Steve Russell, Commumty Development Drrector Request for Variance form City Lot SlZe Requrrements for Construction of ReSidence on a Vacant Substandard Lot at 923 South 6th Street. Case No. V/99-17. Apn130, 1999 Date: The City Zomng Ordinance requires City approval of development of substandard lots of record. The code section states ''the City Council may penmt erecnon of a dwelling on any lot separately owned or under contract of sale, on May 7, 1974, containing an area or width smaller than what IS required for a one family dwelhng, provided that municipal sewer and water services is aV31lable to the site." The Planning Commission considered the request at their meeting of April 12, 1999. At that meetmg, extensive comment regardmg the impact of lot development on neighborhood character was heard (see enclosed letters and CPC 4/12/99 mmutes). After hearing the proposal, considering the comments and dlscussmg the proposal, the Conumssion recommended demal of the request as mconsistent with the Zoning Ordinance and neighborhood character. The project would result in two substandard dwellings, the existing dwelling on a separate lot and the new dwelhng. Recommendation: Denial of request. Attachment: Planmng Commission Staff Report, Mmutes 4-12-99 and letters of comment. I . , PLANNING APPLICATION REVIEW FORM CASE NO. V/99-17 . Planning Commission Date: Apn112, 1999 Project Location: 923 South '"SIXth Street Comprehensive Plan District: Two Farmly Residential Zoning District: RB Applicants Name: Susan Sb.1mm-Raduenz Type of Application: Variance Project Description: A vanance to construct a single family residence on a nonconforming lot (7,500 required, 5,396 requested). Discussion: The request is for a variance to build a home on a nonconforming lot. The lot size is 40 ft. by 135 ft. (5,396 sq. ft.). Most of the parcels in this area are nonconforming, averaging approximately 5,400 square foot. There are a number of these lots that don't have a structure . built on them. The house that the applicant proposes to build will require additional variance request. The proposed front yard setback is 13.44 feet. The setback of the house is consistent with the "prevailing" setback in the neighborhood, the ordinance Chapter 31, Subdivision 12 permits a minimum thrrty foot front yard setback. The side yard setback is 10 feet or 10 percent of the lot width. This request will require approval of City Council as per the CIty Code Chapter 31, SubdiviSIon 9 states the following requirements: (10) Certificate of nonconforming use. The building official shall issue a certificate of nonconforming use to all owners of property, the use of which does not conform to the provision of the use zone in which the property is located. In accordance WIth the provisions of the section, no use of land, buildings or Structures shall be made other than as specified in the certificate of nonconforming use unless the use shall be in conformity with the provisions of the use zone in which the property is located. A copy of each certificate of nonconforming use shall be kept on file in the office of the building inspector, and no permit or license shall be issued to any property for which such a certificate has been issued until the permit or license has been approved by the city council. . Conditions of Approval: 1. Approval of CIty Council . ,. . . . 2. Approval of City Engmeer. Recommendation: Approved as condttioned. Fmdmgs: 1. That a hardslnp pecuhar to the property, not created by any act of the owner, exists. In this context, personnel financial dtfficulties, loss of prospective profits and nelghbonng vIOlations are not hardslnps Justlfymg a vanance 2. That a vanance IS necessary for the preservation and enjoyment of substantial property nghts possessed by other properties m the same district and m the same viclmty; and that a variance, If granted, would not constitute a special privdege of the recipient not enjoyed by his neighbors. 3 That the authorizing of the vanance Will not be of substantial detnment to adjacent property and not matenally rmparr the purpose and mtent of this title or the pubhc interest nor adversely affect the Comprehensive Plan. Attachments Apphcatlon form, survey and letter. CPC Action on 4-12-99: Denial +8-0 Case No: Date Filed: Fee Paid: Receipt No. : PLANNING ADMINISTRAtiON FORM . " ACTION REQUESTED: FEE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 _ 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+$50not Resubdivision $100 Total Fee *An escrow fee Is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i.e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater . PROPERTY IDENTIFICATION Address of Project q~'<. ~. (~1d74-. Assessor's Parcel No. 33.. 030, dO./O,nJ'$) Zoning District 1</5 Description of Project ,.., -;:;--r- __ _j." ~ -. V. " .. or 1 t.('P~ l'1I. ~..t'r1J a h~ rv, h '$u1o-dh3:dpdJ Y1t'V1-~~~e. ~ "1 hereby state the foregoing statements and al/ data, information and evidence submitted herewith in al/ 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 ~.1 p VI ~ t"1411 ~d{(ew Representative Mailing Address q~f~" Snu<rl1 (~1? ~. Mailing Address City - State - zip:6YI/' IOttJofj YhAl ~,ll.P-~ City - State _ Zip Telephone No. J.j gq - ~~") I - ~. Telephone No. fds-/- OlcrJ-P8'Jn/~,~ -u.C Signature ~-- - ~ -I. s..., ~O I _ Signature , SITE AND PROJECT DESCRIPTION Lot Size (dimension~ #0 x IJ../n Land Area 6"~ Height of Buildings: Stories I Feet Principal Accessory Total building floor Area AyfroP, ,~C().. sq. ft. . Existing sq. ft. Proposed /Alex>, sq. ft. Paved Impervious Area sq. ft. Number of off street parking spaces provided - Revised: September 16,1998 ~ 15.S7 24 7 135 16 Ii! 135 lllllBOl Ii Ii 23 (llIlI3l Ii 19 135 1 jIIIIS) 23 8 17 135 l\Xl57l \IllII5tl PII3l Ii Ii (lXlI8) (QII2) ~ Ii 18 140 135 135 22 9 (lXD4) 18 17 (ClIIl5) Ii Ii ~ Ii jllll41 9 135 Ii Ii (ClII5) 0 8 0 Ii 16 e 0 ... 140 140 (IlQIIl 53 12 135 WEST ,CHURCHJ.lL STREET 0 - .---::--- .. - ~ 51 /J: illOtAf 50 50 15 !i~ ~ ~ 50 28 lii "'""'" 0 1 (I111III) 140 W 28 \d3l ~ W W ~~ ZT 14D III 0::: 2 0::: il ZT l*I 2 !i l- I- 140 en - en ~ 3 .. f3 ~ 11 (D1llIll !i !i 2B (0115) Ii , 140 IDtIIDJ .- f'. 4 25 .. !iI 25'\. ja9!1I) Ii ~ \D1IIl) \D1IIl Ii 135 '\. 140 135 135 140 5 5 ~ ~~ 24 ~ Ii Ii 24 !i 140 140 135 135 23 23 tl 135 ja9!5) 6 !i il ~ (Iltl7) !i ~ 23 140 .." 135 135 '35 22 1( :. 22 11 ~5 ~ Zl ;r; !i Ii :c lD1I4I 140 :c 135 t 21 140 ~ 21 tl 135 8 Ii 21 (DfI7) \D1IIl) Ii C;; i (G1lIS) \D1IIl !i u:: 140 140 135 135 20 JD) ,~, Ii 20 Ii Ii jOtl3) 140 140 A ' 19 19 :Q-if ~ 135 (DfI5) 10 Ii !i (Illl4) Ii ~ 19 140 140 135 ~tl 135 &J 135 :c ~ ~ 18 Ii :c !i 18 11 Ii I- 140 140 l- ... 135 ::::> ~5) 12 ::::> ~ 12 0 ~ 17 Ii 0 Ii (01ID) Ii en .." 140 en 135 16 13 16 135 lii Ii ~ ja9!41 ja9!2) Ii 13 J 140 135 135 140 14 15 14 135;/ ~: ja9!31 Iil 8 jOtl3) lO1'11 &l ta 15 140 135 135 135 " - / APPARENrGAP 13811 ""lil "- aD e 0 1345 1345 s/ t' 1145 51 24 51 1 51 24 lIIC) ! 1345 n.. 1145 23 llEl ~ 23 lI*l _I -- :il -. ---;:-"2 33 1/3 iii (IlII11 13811 I I I '345 1345 1145 1381 22 3 22 REFEAEN::E iii (Qll2j ~ (IlII4) 51 iii jDllIID) UIIE ! 1345 .... 1345 3151 21 4 21 51 j1XInl 51 lDlllIl S S -- --w.2- -....-- 1344 1344 1344 20 5 20 s lIlDl'D) S 51 iii (IIlJClI) IlDcationMlP I 1344 1344 1344 19 51? 6 19 s (ClIIl5) llD7) s s (lIIIlI) R22W R2IW _ V1al'1lty Map 1 .~,}-. T o 131 Scale In Feet ............... ..1IIa1.~~ ... .........16........ ...., rr..:..-=:-..:=-..C::=- ==-....-t:;=:::cc:-r. .. == (lwu;:=rs-'''''''' DIU .........__...............,'211_ ~ . March 24, 1999 Ms. Susan Fitzgerald Stillwater City Planner Stillwater City Planning Commission Stillwater City Hall 216 North Fourth Street Stillwater MN 55082 RB : Ms. Susan S. Raduenz 923 South Sixth Street Stillwater MN 55082 Variance Request: Lot 20, Block 11 Churchill, Nelson and Slaughters Addition to Stillwater Dear Ms. Fitzgerald and Members of the Planning Commission: Enclosed, please find my application for a variance allowing me to . build a single family residence on the property referenced above, a platted, presently nonconforming lot. I presently own Lots 20 and 21, Block 11 and my present residence is located on Lot 21, Block 11, the lot located to the north and directly adjacent to the lot that is the basis of this variance request. I am a single mother and have owned this property for the last six years, since 1993. My present home is constructed entirely within the confines of a single platted lot, Lot 21. This is similar to the vast majority of the homes of my neighbors, those also being constructed within the confines of a single platted lot. The purpose of my variance request is to obtain a variance to build a new, single family residence for my son and myself on the other platted lot that I own (Lot 20, Block 11). The home that I propose to build is long and narrow and very accommodating to the dimensions of the lot. My reasons for choosing this particular plan as opposed to a more traditional Victorian two story home are numerous. The proposed plan allows for the construction of a garage which, on the lot in question, could only be placed at the front of the home. My plans call for the construction of a one story home (with a walk-out basement which aliQns perfectly with the natural slope of the land). I believe this will least effect the view that many of my neighbors who own two story homes presently enjoy. Finally, this plan will allow me to build a very nice, affordable home for my son and . myself, something I would not be able to do or afford if I were to sell my property and look to building in one of the new . . . MS. Susan Fitzgerald Stillwater City Planner March 24, 1999 Page 2 subdivisions in the Stillwater area. This variance is necessary because over the years since this property has been platted and the neighborhood built up, the requirements for minimum square footage of a lot for construction of a single family residence have changed, through no fault of my own. At the time this property was platted and approved, these lots were laid out with dimensions of 40 feet by 135 feet for a total of 5,400.0 square feet. Under the current ordinances the minimum lot size for building a single family residence is 7,500.0 square feet. This property is located in "old Stillwater-, and is also, I believe, located in the "RB" zoning district. I believe approval of this variance request, which would allow me to construct this single family, residential home for myself and my son would be consistent with the characteristics of the neighborhood, consistent with the density restrictions for the neighborhood and would allow me to overcome the hardships that are imposed upon me by the changes in the city ordinances which restrict building to lots of a certain size. I suffer a hardship as a result of these changes in ordinances since I am taxed for this lot as a buildable lot, its "highest and best use-. I'm also assessed for improvement against the full size of this lot, irrespective of the fact that under the existing ordinances,. it is not a buildable lot and should not be valued as such. To illustrate this more graphically, I have recently been informed of the plans for street and sidewalk improvement on Sixth Street in front of my property and have been informed that the proposed assessments for this lot will total in excess of $3,700.00, even though under this present circumstance, the property cannot be used in its intended fashion. As a proud resident of the City of Stillwater for over 33 years, I greatly appreciate your consideration of this request. If you need additional information, please contact me at 439-3271. Very respectfully yours, ~ S, ~<---y- Susan S. Raduenz ..... ... ..... Su_ s. IIodHnz '2:1 Sou'" $or'" S_, S'....,r ___ ..~"- 1.0121_"._ Ml__ SlAUCHrrRS _J/ON ~ fa ",. pial tit.. an lie otId ., NCOnI .II lIIe 0Ittc. 01 the County R~ 1Ib...",ort Cawlt" ".",8.'" CERTIFICATE of SURVEY Lot 20 I1l1d Lot 21 of Block 11 CHURCHILL, NELSON AND SLAUGHTER'S ADDITION, City of Stillwater, Minnesota 1.01 21, _ " CIIUIICHfU. 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FROM-: Sandy I-tenrnngsgaard PHONE NO : 612 430 0390 ~r, 30 1999 08:24F1M Pi . April 30, 1999 ~ V-3d -'17 MClyor Jay K\ ine City Council Members Stillwater City Council We have owned the home at 919 South Sixth Street (Lots ZZ and 23) and the property next to Ms. Raduenz for 11 years, we are opposed to Case No. V/99-17 for the following reasons: 1. The bui.lding of another home on a lot Z8S srngller than requi.red will reduce not only our property value, but all property in the neighborhood. The logic of the above statement is abosolute because i.f Ms. Skall11C1n-Roduenz is successful in this plea, i.t will p1.(1ce her present home on the market for much LESS than it is worth wi.th lot nuniJer 20 attached. . Z. At the planni.ng comtission meeti.ng, Ms. Skalman-Raduenz plead financial hardship in taxes because she choose not to combine her two lots for tax purposes before the Si.xth Street project. It i.s inappropriate to place the burden from this decisi.on on the whole nei.ghborhood. . 3. Whatever the contention that Ms. Skalman-Raduenz makes in regards 1:0 the mixture of homes i.n the neighborhood, this cannot justify cronming one more home i.nto this nei.ghborhood. (Two wrongs do not IDQke a right.) 4. In living next door to Ms. Ska1.man-Raduenz for these past four years we helve noti.ced that she appears to be staying in her home about 50J of the ti.me. We also know that she i.s a single mother and could get married and move away. Her present home appears not to be in the best of concH't;,ons. These are too many factors indi.c;ating that her request could be, or end up being, a profi.t IIIClking venture at the expense of the netghborhood. For thi.s further reason we object to this variance. . . Apnl 12, 1999 Re Vanance request for the property on So. 6th Street. To whom It may concern, I lIve at 922 South SIxth Street. In respect to the property across the street from nnne, I would lIke to VOIce my oplDlon I have learned just today that the house to be bwlt on the subject property would essentIally be one half of a twmhome based on a model found In Woodbury. If this IS the case then I am opposed to the construction of the home on that small lot I understand that tins project has some senous budget concerns however I feel tins type of home would be an eyesore and a detriment to the value of the homes on a street such as ours. I was told that a small VIctorian home would be bwlt In character WIth the other homes In the area. TIns I would be In favor of. Please keep In nnnd that . tins IS In no way a reflectIon of the person applymg for this pemnt. If a more swtable home could be co structed I would strongly support the deCISIon. Thank you for your . . . . City of Stillwater Planning Commission Att: Steve Russell Community Development Director 216 N. 4th St. Stillwater, MN 55082 Re: Variance at 923 S. 6th Street ~~\~ ~/-\ POINTS: 1. I am unable to attend 2. Considered the variance request very carefully 3. Understand property owner's rights and responsibilities 4. Please consider this letter to be my objection. Natural run-off from this property is mostly to the east into backyards of homes like mine, located on the wes~ side of South 5th Street. I believe additional impervious surface created by another house (roof, walks and driveway) would greatly increase the chances of water problems and likely cause damage to my property, as well as to other adjoining properties. From every council meeting I've attended or listened to, the main concern seems to be that the city's objective is to preserve the city in it's present form, not to destroy it. If we start lowering our standards of what is required within the 'RB' District from 7,500 square feet to anything less, we'll wind up destroying the nature of the neighborhood. The problem I foresee with in-fill construction on sub-standard lots is that it makes neighborhoods, once grand, look like trailer parks. If everyone in the City of Stillwater, with a lot the size we're talking about, decided to do the same thing, the whole town would lose the "old" neighborhood feel. New houses 'look new' and don't blend with the 'old' homes already in existence. Both of the aforementioned issues would also result in a reduction of neighborhood property values. This can be illustrated within Stillwater on Laurel Street between Everett and North 5th Street. The South 6th and South 7th Street neighborhoods already have too many homes on each block, which causes on-street parking problems. I am concerned about the fact that 7,500 square feet is REQUIRED, yet the commission is considering 5,396 square feet on which to build a home. If there is a minimum required, there must be a very good reason and I ask that the commission weigh that very carefully. Judith K. Letizio 1008 S. 5th Street Stillwater, MN Ellen Kane 1007 So SIXth St. Stillwater, MN. 55082 April 7, 1999 Re. VARIANCE Case # V/99-17 ~~~,.\, . Dear Steve, I received notification for the Variance heanng on Apn112, 1999. This variance is being asked by Susan Raduenz at 923 So SIxth St to build a family home on a non-conforming lot I hve next door on the south SIde of the lot. I have lived there since 1992. Susie and I are neighbors and friends and my issues are not personal with her but WIth the bwlding Itself. I called your office today to ask about the 7,500 foot requirement and specifically why there is this reqwrement I assumed there was research done or enough hIstory to be able to explain why 7,500 feet is necessary for a home to be placed on The woman who was told to call me back couldn't answer that question. Maybe you can The required square footage is 7,500, Susie is asking for 5,396. The difference is 2,104 feet That seems like an extreme number of square footage that WIll be lost Why is that number reqwred? Are they because of fire codes?? AnythIng to do with run-oft'? What about resale value of my home? Is thIs an issue that has come up as a result of squeezing a house into too small of a space? . The lot is non-conformmg and the woman I spoke with said all the lots on our street are the same. She is right, but all of us on that SIde of the street pay property taxes on one lot, SUSIe pays on two Why is that? All of our homes are centered or have garages on the whole lot not Just half hke Susie's does This project started after we all were assessed for the street and boulevard improvements scheduled for this summer. We all were assessed a certain amount of money and Susie was assessed for double that amount due to the two lots, her bill over 10 years would be around 7,000 and ours around 3,200. I don't understand why her lot is considered two instead of one lot. My other concerns: I think placing a house on a small lot does not conform to the rest of the houses on that side of the street. Building so close to my property takes away my privacy Although I am fine with Susie as a neighbor today, what If she moves. I thInk the future resale of my house will be impaired because of the close proximity of the long and very narrow house next door What about all the trees between our properties, how WIll they be effected? If they need to come down then I will have less privacy. .- , . . . oJ "' . l. Again, thIs is not a personal Issue, thIs is strictly a building issue. SUSIe and her family are good neighbors and that is why this is so hard I hope we can resolve this without conflict but all of our homes are very personal to us which IS why we chose to purchase them. I vote no for the variance. Thank you for your time. Smcerely, tl)~~ Ellen Kane 430-1707 _ FROM: Sandy Henrungsgaard PHONE NO. : 612 430 0390 To: Planning Commission From. Wayne and Sandy Henningsgaard 919 So. 6th street Re: Case no. VJ99-17 Apr. 08 1999 I2l2.J25=lM -fl1 , . We are writing because we have the followfng concerns. First we believe that both for 1he neighborhood and for the long t<<m Investment for Susan it would be better to build one house on the two lot area. Crowding another house into the space She owns will downgrade the value of both. Second. while we and others in the neighborhood are Investing money in the stree reconstruction prOjeCt at some hardship, approval of ttis vanance by the otty is a move in the other direction. And third. while we WIll personally have no hard feelngs if the variance is approved, we are asking ootn the c:ily and SUsan to refleCt on whether this is the . approporiate thing for her to do, and for the city to aHow. It seems to us to be very Short sighted. SRny. ,U ~ }.J~ \.. . ~ · MEMO To: From: Subject: Date: Mayor and CIty CouncIl .. ./ Steve Russell, Commumty Development DIrector (-- Phase II Legends of StIllwater Fmal Plat Apnl 30, 1999 The Phase IT subdIVISIon IS for 39 addItIonal lots The proposed plat IS conSIstent WIth the approved prelImmary plat. The CIty Engmeer has revIewed the utIlIty and gradIng plans and subrmtted comments to the developer The final costs of the Phase I trunk improvements must be reconcIled before final plat recordIng, SImIlar to the LIberty Phase II reqwrement (see attached letter, 4-12-99). A landscape plan and conservatIon easements should be subrmtted for planmng reVIew and approval before fmal plat recordIng. Recommendation: Approval WIth condItions. . Conditions of Approval' 1 Landscape plan shall be subrmtted and approved 2 All conservatIon utIlIty and traIl easements shall be recorded WIth final plat recordmg Attachments . 84/81/1999 18:36 4388818 CIT~ OF STILLW~TER P~GE 02 . FPA FINAL PI.A T APPLICA no~ FE P - .1. 2 - o (./5"' City:ia:::alf1I!,t)ll!Ie StateHAl Z' C de $3Lf Telephone:~02-9~7 (FAX)b/r;}-'i~ 1~ O. '- J. SURVEYOR ()?/~ J~'5 Name. tvl5? kJ~O ~FI35S~/OIJ~ ~f/lce8 Company: ' Address: O~ (/6 ':;~~~GJ.::E;Vfif,4tf21e-Statc.HAI Zip Code ~3 fJ- Telephone.\ w ~Lj~7 (P AX)7dd.-ZJ57 (H) '719J sg,.d-. .4. PropenyLocatlon: J3E? ~ 4MJJIAJ A~C/- Legal Description. 'P {, 'iJ C- . 5. Name of development: Number of lots: Current land use. Proposed land use. Current zoning' Proposed zoning: Anticipated project completion. !2IJolh::>. 'ON 6. SUBMITTAL REQUIREMENTS. (5 copies and 1 reduced 8 'n" x 11 ") Final Plat (F) Electronic FP Format Tree Preservation and Landscaping Plan (TLP) Street and Utility Plan (SUP) Grading, Drainage, Storm Water and Wedands Plan (GDSWP) Other Information (OTJ 8 ~.. x 11" Transparency I hereby apply for the above cOn5uietation and declare that the information and materials submlt1:ed with this application are complete and accurate per City requirements. I understand that the application will be processed when it has been found to complete and ad.equate by the Community Development Director &apeny Fee 0""..(.) Siglla~(.)...Da.n~ /., <{ Ilia ~~..i <! 111 ill... ~pplicant{s) Slgnature(s). LlJ. ~ Ih ~tt~~f 1It~P-Ul1~ ~J (b. Date. q. - g - 'f'l PLEASE NOTE: If Property Fee Owner is NOT the applicant, the Applicant must provide written authoriza on by Property Fee Owncr in ordcr to make application. . THE BIRTHPLACE OF MINNESOTA Apn112,1999 Mr. Dwight Jelle Westwood Engineering 7599 Anagram Drive Eden Prairie, MN 55344 Subject: Dear Mr. Jelle: . It appears that your firm, along with Pemtom and CDCP, are anxious to proceed with Phase II construction of the various developments in the annexation area. Please be advised that we will not be able to proceed with these developments until a number of issues are addressed concerning Phase I of the Liberty and Legends developments, and a Developer's Agreement is completed for Phase ll. In order to complete a Developer's Agreement, it will be necessary to have all of the final costs for Phase I and the Trunk Utility Project tabulated and calculated for cost sharing. Sincerely, /Jvt;1 Klayton Eckles, P .E. CIty Engineer KE:dfw . CITY HALL 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE 651-430-8800 ~ THE LEGENDS OF STILLWATER 2ND ADDITION . IIIItIII NL ., IW .... ~ 7IuIt 711. L~. of Stillwat., LIm,tH PtIrlnlnhrp. 0 limn_to liftltH pttrlnenhtp. '" 0""'" of the foIIo.",g duI:rIHd proprty ,,'uotH In the County of IlbahmgtGno State of limn_to. to ."t Outlot D. THE lEGENDS OF' Sl1LLWAD, ~ to the f'fICf1t'd<<J pIGt "'-w( llbahmgton Count)l IIIIIII_t(l. Htt. CGIIud the .,.". to be _yeti mid pklftd ft THE lEGENDS OF' Sl1LLWA7E'R 2ND ADOI71ON. ond doa h.,.,y denat. ond dHlcttte to the publIC for publIC "" f4lf'e_ the -.rt. troll. ctne OIId the _..,. ft "0"" 011 th,. pklt for drtimtIge ond util,ty ~ only t:rrI. ~_ .-..rA 71Ie foregoing pIGt of THE lEGENDS OF S77LLWA TER 2ND ADDIl10N ..a. approved tIIId GtX:ePted by the City Counc' of StlllrtOt.. ""'n_to. crt 0 reguklt' meetlllg th_f held u". _ day of 19_ OIId ,. In compI/tIIIU IIith the ~. of Chapt., 505.o.t SubdIviMIn ~ AIrnIlesoto Statu... tIrf tJF .-L-a ......-rA . In ."tn_ "".,eof st1Id 711. LII(/". of Stdllrt1l., LIm,ted PIIrln.,M1'Po 0 limn_to ImltH pttrlnenhtp. ha. t:tIUud It. prntIIIt. to be ..,H by 7he Pfllfltom LI1nd CClmpOII)I 0 limn_to t:<<'p(XObon, its genMII porln. u". _ doyof 19_ By IIop By Clerk 'IHE .... " nLIR.. UI& IWt1NIlIiIIIF By 7he Pemtom LOIId ComfH1llY It. GtIIIet'tII Partner ,.."., JUnmDr Purwtmt to Chapt., 820. La.,. of IIlnneeoto. 1971. thl. plat ha. been opproved th,. _ dtly of 19_ By WcIM1l11gton County Swwp By By Daniel J Herb.t, PiwId""t ,..".,~ No delmquenl Ifte.. the eurrent tOK" due 0IId pttyable for the year 19_ hove b.... paid. OIId tran.'" ent.H th,. _ dtlyof 19_ ITA" tJF ~-' ,.."., tJF ~ 71Ie foregomg In.trument "CIa IIt:knolliedgH beftn me th,. _ dtly of 19_ by Don,. J. Hriat, "'aldent 011 behalf of 7he Pemlom LmId Compon)l a limn_to t:<<'pOIYIt,OfI. It. general pGrlrt., of The LII(/". of StlllrtOt., L'FlltH Pttrln.-.htp. 0 111M_to .FlltH porlncnhtp By IMMhmgtOll County Audlt4lf' /TrM_" By Deputy Noltry Pubhc. IIy Comm_1OII EKpra Count)l II_to ,..".,~ Docum."t Number I h.wy t:tII'Ufy ht th,. lIIettum..t .. filed III the offlu of the County RecordtII' for record 011 u... _ dt1y of 19_ ot o'dock _ II. ond rIGS duly recorded In IMMhmgtOll County records. By IMMhlllgton County Recorder By IHputy I herebyt:4rl1fy thcrt I h_ -JI8d OIId pkltted the property dat:rlbed 011 th,. pklt till THE lEGENDS OF Sl1LLWA7E'R 2ND ADDITlCN. hI th,. plot,. 0 cotrec:t ,.,....,tatulll of the -.n thot all cfI.tOIIca .. corrKUyeho"" on the plttt III ,"t ond hundredth. of 0 foot, thot all mOllument. have been t:orret:tly pkK:H In the ground till .,aaon. ond thot the outaldll boundt1ry I",.. .. cotrec:Uy de.,gntlted on the plot. ond thot th_ en no wet Ion. till definH III IIlIIIIeeoto Stotut.., s.t:1Ion 505 D~ Subd 1 4lf' publlt: hlgh..oYfl to be dalgnoted other thOll .,orm . CTaIg W IIorae. Lond Sutwp II_nto 1.N:en.. No 2J021 PRELIMINARY . nnl' IJF Ml\l\ElltlTA IXJIJIIfY , IIlII/IDfII 7he foregouog Swwp" c.rt,fk:tJte by CraIg W II-. M"",eeoto RegI6trt1tlOll Number 23021 _ tICknowledged before me th,. _ day of 19_ by CTaIg W IIOf'Ho Land Swwp . ., ". .v ., . ..~:' -",- .-- ..' - - -- ... -...- I I ./ .....,.,.".. ..---,~.. _.~. "... ....... . ........ ....... , Notary PublIC, IIy CGmrlll_ CKpra Count)l II"",eeoto o D_t.. 1/2-1114- rOIl manum..t ..t " nKIrlcH by R L.s. RII(/IatrGtIon No. 12fUJ ",'" '" -. ./ /- . '. ....... - -. III f 8 , N- I 60 0 60 120 'SO It ........ g Sede h '"t Sed. 1 Indl- 60 ,"t ,. .. - OUTLOT A Tt'r" ,- . '""-I7L.. / . I \ f\.. I , E.of"'~.. ,... ,..,.., "'....... .r.~ \ ~ tl:J: t. tl : , / .~....,,~ ......... . €dp of lIII~ ....- . ......... \............... ....... ../ ..... '-~~: ... " ,\ , / / / '" '" ... -- I ... j II ~ . Denat.. 1/2-x14- ran manum..t found mtlrlted by R L.s. RegI6trr1t1ot1 No 980B 71Ie anentatlOfl of th,. beanng .,stem ,. btIIIed on the Mrlh 11M of the SE (/4 of the NW 1/"- ~ :Sl. TIIIp 34 Rge ~ ""It:h ,. 0150 the north I",e of Outlot 0. THE LEGENDS OF' Sl1LLWA7E'R ond,. aewmed to b_ N 890U'IZ- W VCN7Y IIN' No_ . ~ - UtlIfy-.., _ .. of lIrillot A -' Cdp .f _'" " \. Y J .......A... 82148 N 1JD"tJI'":J2" ., ,~~--- WESTWOOD Profealond s-c... Inc .. .....--- 2tJ ShHt I of 2 .,Ht. THE LEGENDS OF I I J/~ ,/ ~STILLWATER 2ND ADDITION ~t '- / / / ~og. QIId Utntty C_lIIIt. fU. shown thus. Wt.:lNlY fIN' No_ . r---T-- I~ I; ~ l ~ ai~ I ~ : ~ I I ~ ~ I I "" ~ Ii I~ Is / PRELIMINARY ~ , / I 5 r-" I I 10 I L____l_____ .' " / , , / / -..A... - ~ - , , , .., " , , I 10 l _____J____.J ~ , , , , , , , , , &lIlg 5 /Ht In width, unlea oth__ IIld,",<<I. t1IId odpnlllg lot hn-. tmd 10 /Ht In rndth tmd tldjoln/llg .trut lines o. ..own Oft th. plot __ 3/ 10 30 """ 20 " ~ , , ", '" / / / '" ~ ~ " " '" '" ,llr- II nc. I .1" r-^ In (" L.C.vC., VU...) , / , ^, / ", , ~', , ~ , 60 .......... ScaJe o 60 120 180 feet III ScoI. 1 IIlch- 60 feet . ,... '''''' ....... :,'t..' : :. t: I ~ / , , , , O#Inom 1/2-x14- roll _fIIIt .t . , 0 , , morl<<<I by R LoS R.-trotfon No 1204J I , . Denot. 1/2-x14- ITOII monumflllt found : morl<<<I by R LoS R~.trotlOll No 9808 , : / . lh. onIIIItOtkln of this b<<mng .)Stf/lll Is bOftd Oft th. north 1m. of th. SE ;/4 of th. NW '/4- I s.c. "'. Top .J4 Rga. ~ which Is 01$0 th. north 1m. of Outlot D. THC LEGCNDS OF , S17LLWA7E'R ond Is awm<<I to '*" N 890",'12- W , , I : ..... '" ...,........... -, ,~ r\. V,- / / I OUTLOT B __ _ U/IIfy_' 0_ oM 0' CluUol B / , , 'I/fII/IIIItM.-....--...--.....,.,....."... I ........ / ........ I ....... I I " ,rCdgo 0' lIIt_d-' . / ........ / ....l',. '<.. ~#,.4' ......... ...... \ '~- """"..,.,..' '~~ ... ... "'- ./ / ( , , ! -... -- --.- -- - -- - , , II \ I . _45 20 r I I 18 II! I- I:" III III I. I~ I I L__ 4113 ---;; "" "" SW Com. 01 lito SE 1/4 01 lito "" NW'/4, s.c.;n Jltp. ~ RJ& 20-- -, r - , r- , I I I I II 18 18 II! I~ 1- '... I'" I. I~ 12 I;; 1/ to R III I' II II 4 I~ I~ I I I I L,Qoo-.s-' L___..J '000 .. . '13 . U2 411 '2,19' '373.32 ,- ''', N ".04"5' W ,.,.. rtND.U , ,r-W '/4 Com. a' Sao. 3' 1" R 20 ~ """"1.1 at./) . --' \ '-_I 6ho of "'0 NC '/4 01 lito SW '/4, _lion 3' WESTWOOD Pfo'-oI Senw:a. Ine Sh..t 2 of 2 ....t. III . MEMO To: From: Subject: Date: Mayor and CIty CouncIl Steve Russell, CommUnIty Development DIrector LIberty on the Lake Phase II Fmal Plat Apn130, 1999 fl/ The request IS for the 79 reSIdentIal smgle famIly lot subdIVISIon for the LIberty Project The plans and subdIVISIon deSIgn IS conSIstent WIth the prehrmnary plat approval for the project The gradmg and publIc utIlIty constructIon plans have been reVIewed by the CIty Engineer HIS comments are attached Some of the comments deal WIth trunk utIlIty costs for first phase Improvements and other comments address needed easements and dedIcatIons Before the recordIng of the Phase IT fmal plat, all conservatIon traIl and utIlIty easements, park dedIcatIons, County Road 15 outlot dedIcatIon for Phase I and IT shall be recorded . As part of Phase II, Settlers Park wIll be dedIcated to the CIty and current access to CR 15 VIa 72nd Street shall be closed and redIrected to CR 12 ThIs was part of the ongmal approved plans Recommendation' Approval Conditions: 1 All park and roadway dedIcatIons, utIlIty, conservatIon and traIl easements shall be dedIcated before final plat recordIng Attachment Phase II final plat map. . II FPA FINAL PLAT APPLICATION FEE PAID- - . 1. APPliCANT Name: Company: Addr~s: The Quadrant Bldg.. 7100 Northland Circle. City: KiRReapolb State:....Jrm...Zip Code: 554?8 Telephone:(W) 1\1 ?-Q71-04;(fAX) 612-971-05i(il) Suite 108 2. PROPERTY FEE OWNER Name: Company. Address: City: Telephone:(W) State:_Zip Code: (FAX) (H) 3. SURVEYOR Name: Company: Address: Westwood Professional Services, Inc. 7599 Anagram Drive CIty: Eden Prairie State: MN Zip Code: 55344 Telephone:(W) 612-937-51~AX) 937=5m (H) . 4. Property Location: Legal D~cription: East of Manning, South of 75th Street Parts of Out10ts E & G, Liberty on the Lake 5. Name of development: Number of lots Current land use: Proposed land use: Current zoning: Proposed zoning: Anticipated project completion: Liberty on the Lake 2nd Addition 79 + 4 Outlots Vacant Sin~le Family detached housing 8/15/99 (1st lift asphalt) 6. SUBMITTAL REQUIREMENTS: (5 copi~ and 1 reduced 8~" x 11") Fmal Plat (F) Electronic FP Format Tree Pr~ervation and Landscaping Plan (TLP) Street and Utility Plan (SUP) Grading, Drainage, Storm Water and Wetlands Plan (GDSWP) Other Information (01) 8 ~" X 11. Transparency I hereby apply for the above consIderation and declare that the lDformation and materials submitted with this application are complete and accurate per CIty requirements I undemand that the application will be processed when it has been found to be complete and adequate by the Community Development DU"ector. . l?ropeny Fee Owner Applicant(s) Signat Date: .... pt'e0oll 5/ Cj 5u bml fled by UJ~lwood In #r th tf. If Prope ee Owner is NOT the applicant, the Applicant must provide written authorization by Property Fee Owner in order to make application. . . '\ . Memorandum Apnl 26, 1999 TO: Steve Russell FROM: Klayton HEckles CIty EngIneer SUBJECT: LIberty on the Lake - Phase II FInal Plat Comments The Engmeenng Department has a number of comments on the LIberty on the Lake 2nd AddItIon. These comments need to be addressed before approVIng final plat and allOWIng the project proceed. The first set of Issues concerns the plat Itself There are a number of questIons about easements FIrst, the dramage and utIlIty easement for the pond located near the end ofMulvIlI Court IS not shown As part of the approval procedure, the CIty also reqwres that separate traIlway easements be platted wherever CIty traIlways are proposed No documents have been submItted that shows the proposed traIlway easements The CIty also reqwres that conservatIon/open space easements be platted along the lake and wooded areas and around wetland buffer areas. These easements are for preservIng these areas m theIr natural state The DNR also reqUIres open space easements to mInlmIze ImpervIOUS surface WIthIn 1,000 feet of the lake. None of these documents has been proVIded to the CIty The plat also shows a number of outlots that need clanficatIon Outlot "L" along Mannmg Avenue as well as the outlot for Settlers Park and the proposed CIty well all need to be deeded to the CIty. Outlot "L" IS for future nght-of-way needs along Manmng Avenue The other Outlots IS for water Improvements and CIty parkland Another Important aspect of final plat approval IS acceptance of a Developer's Agreement. The CIty does have a Developer's Agreement for Phase I, but a new Developer's Agreement IS needed for Phase II. TIns Developer's Agreement needs to cover cost shanng for area trunk Improvements, developer responsIbIlItIes concernIng utIlItIes and constructIon, a number of developer guarantees and clanficatIon regardmg constructIon and maIntenance of publIc faCIlItIes IncludIng utIlItIes and parks. The CIty also needs to review the proposed covenants for the proj ect that may dIscuss maIntenance of the park, notIficatIons concemmg eXIstence of traIl ways, easements, and other homeowner responSIbIlItIes In addItIon, the developer has prOVIded a homebuyer's InformatIon packet that the CIty would lIke to reVIew to Insure that adequate InformatIon IS prOVIded to prospectIve buyers The developers have also submItted the plans and specIficatIons for the street and utIlIty design Staff may have addItional comments or questIons concernIng the utIlIty design, therefore final approval of the plat may be subject to CIty Engmeer's approval of plans and speCIficatIons. ., LIBERTY ON THE LAKE . PRELIMINARY . KNOW ALL MEN BY THESE PRF:SENTS That Contractor Properly Developers CompanJ' 0 Minnesota corporatIon, fee owner of the following descrIbed property sItuated In the County of WashIngton, State of M/llnesoto, to WIt That port of Outlot G; UBERTY ON THE LAKE, occordlflg to the recorded plot thereof, Woshll7gton Count~ MII/nuato, described os follows Begll/nlng at 0 southeasterly CQmer of sold Outlot G; oJso being the southeast comer of the Southwest Quarter of StJCtlOl'l 30. Township 30. Range 20. Washington County. MII/nesoto, thflllce North B9 degrees 22 minutes 10 seconds West" assumed beonng. along 0 IIOUtherly line of SOld Outlot G. 0 dIstance of 264 OJ' feet to on easterly IlIIe of sold Outlot G. thtJfl~ North 00 degrees 15 mil/utes :S7 seconds ~st, along sOld easterly 11IIe. 0 dlston~ of 51000 feet thflllce North 20 degrees 10 minutes 54 seconds West" along on easterly line of Outlot G. 0 dIStance of 264 a7 feet, thence South 69 degrees 05 minutes 51 nconds West, 0 dIstance of 121 74 feet, then~ North J'J' degrees :S9 mlllutes 47 seconds West, 0 dlston~ of 2.1512 feet, thence North 27 degreu 53 minutes 06 _ds West, 0 distance of 7634 feet. thtJflce North 22 degrees J'J' minutes 40 seconds ~st, 0 dIstance of 16450 feet. thence North 75 degrees 22 minutes 17 seconds ~st, 0 dIStance of 9000 feet, thllll~ North 02 degrees 04 mlllutes 57 minutes ~st. 0 dlstonCfJ of 6983 feet, thence northwesterly. along 0 non-tangentIal curve, concove to the nartheost, hovrng 0 central angle of 23 degrees 09 mlllutes 29 seconds, 0 radIUS of 268 40 feet. for an ore ItJfIgth of 108 48 feet, the chord of SOld curve beors North 77 degrees 08 minutes 27 tIIIconds West" thBnce North 42 degrees :S7 minutes 26 seconds East, not tongBnt to sold lost described curve, 0 distance of 48 99 feet, thence northwesterly. along 0 non-tongenflol curve, concave to the northeast hovrng 0 central angle of 05 degrees 07 minutes J'8 nconds, 0 radIUS of 21840 feet, for on ore length of 7954 feet" the chord of SOld curve bears North 58 degrees .16 mlflutes 45 seconds West. thence North J'4 degrees 58 mlllutes 4B secOllds East" not tangent to SOld lost desCribed curve, 0 dlSton~ of 217 60 feet, thtJflce North 23 degrees 26 minutes 29 tIIIconds West, 0 dIstance of 130 76 feet to 0 northeasterly comer of SOld Outlot G thence North 3.5 degrees 45 minutes 04 seconds West, oJong 0 northeasterly line of sold Outlot G, 0 dIstance of 22526 feet, thence North 58 degrees 04 minutes 03 /J/lConds West" oIong 0 northeosterly line of SOld Outlot G, 0 chstonce of :S14 70 feet. thence North 03 degrees !SO minutes 2:S seconds ~st" oJong on easterly IlIIe of SOld Outlot G. 0 dIstance of 135 10 feet, thence North 17 degrees 09 minutes 59 seconds E08t. along an easterly line af SOld Outlat G. a dIstance of 782 53 feet, thence southwesterl~ along a non-tangentloJ curve, conCOIllt to the southeast, havrng 0 central ong/e of 34 degrees 79 mltlutes 52 seconds, 0 radIUS of 18900 feet, for an orc length of 17325 feet, the chord of said curve bears South 36 degrees 59 minutes 47 seconds West, then~ southwesterl~ along 0 tongtJfltlal reWrlJe curve. concalllt to the northwest hOVIIIg 0 central ongle of 77 degrees 3S minutes OJ' seconds, a radIUS of 17 7 00 feet" for an arc IlIIIgth of 750 34 feet to 0 northerly IlIIe of SOld Outlot G. thence southwesterly along saId northerly litle, along 0 non-tongBnfloJ curve concave to the northwest. hovrng 0 central angle of 57 degrees 23 minutes J'J' seconds, 0 radIUS of 17100 feet, for on ore length of 9956 feet, the chord of SOld curve btJtJ/'s South 67 degrees 57 mmutes J'8 seconds ~st thence southeasterly along a non-tongentlOl curve. conCOIllt to the narthsost. hovrng 0 CBntral angle of 00 degrees 31 m/llutes 07 seconds, 0 rodlus of 28600 feet. for on ore length of 259 feet, the chord of saId curve bears South 03 degrees 72 minutes 05 seconds East, thtJfl~ southeasterly. along 0 non-tangentIal curVtJ, conCOIllt to the southwsst, hOVIIIg 0 central angle of 49 degrees 34 minutes 44 seconds, a radIUS of 39 00 feet, for an arc ItJfIgth of J'J' 75 feet. the chord of saId curve bears South 37 dsgrHs 36 minutes 47 seconds East. thence South 12 degrees 49 minutes 25 seconds East, tangent to SOld lost described curw, a dIstance of 16707 feet, thence southeosterly. oIong 0 tongen tlol curlllt, concave to the northeast, having 0 central angle of 78 degrHS 57 minutes 24 seconds. 0 radiUS of 300 00 feet, for on ore length of 98 73 feet, thence southeasterly. along 0 tangtJfltld compound curlle, concove to the northeast" hOVIIIg a central angle of 21 degrees 54 minutes 20 sfIConds, 0 radIUS of 59500 feet. for on orc ItJfIgth of 22748 fHt, thence southeasterl~ along a tongtJflflal rellerse curve. conCOIIe to the southwest, hOVIIIg a central ongle of 27 degrees 42 minutes 77 seconds, 0 radIUS of 675 00 feet, for on arc length of 255 70 feet, thence South :S1 degrees 52 mil/utes 52 seconds East tangent to SOld lost described curve, a dIstance of 94 72 feet then~ southeosterly. oIong 0 tongtJfltlol curw, conCOIIe to the narthsost. hovrng 0 central angle of 08 degrees 21 mmutes 29 sfIConds, 0 radIUS of 268 40 feet, for on ore length of 39 75 feet, thence South 42 degrees 37 minutes 26 secands West, not tangent to SOld lost descnbed curve. 0 distance of 72187 feet, then~ narthwesterlJ' along 0 non-tongflllflol curve, concave to the southwsst, haVIIIg 0 central angle of 16 degrees J'8 minutes 54 stJConds, a radIUS of 306 00 feet, for on arc length of 88 91 feet. the chord of SOld curve bears North 64 degrees 44 m.nutes 40 sfIConds West, thence northwesterl~ along a tongBntlal compound curve, concave to the southwest, having 0 centrol angle of 03 degrees 50 minutes 47 tIIIconds, o rod IUS of 58382 feet. for an arc length of 39 7'1 feet. thflllce South 02 d~es 45 minutes 17 seconds West, not tongflllt to SOld lost described curve, a distance of 47 73 feet, thence South 13 degrees 52 m/llutes 30 seconds West, 0 dIstance of 125:S9 feet, thence South 57 degrHs 08 minutes 19 seconds East, 0 dIstance of 751 74 feet. then~ South 03 degrees 19 minutes 58 seconds East. 0 dlstan~ of 15464 feet, thflflce South 27 degrees 34 minutes 27 ssconds East, 0 dlstonCfJ of 6799 feet thenes South :S8 degrees 08 m/llutes 03 seconds East 0 chstones of 221 80 feet thenes South :SO degrees 49 minutes 05 SllConds E08t, 0 dIstance of 8J 87 feet. thtJflce South 76 degrees 16 mmutes 23 SllConds E08t, 0 dlstan~ of 86 18 fest ta a northerly extenSIon of the east Ime of Lot 7, Block 3, SOld UBERTY ON THE LAKE, thence South 17 degrees 40 minutes 19 seconds West, along SOld northerly /!)ttenSlon, 0 dIstance of 2333S feet to the northerly nght-of-way IlIIe of P/Qflser Place. as dedICated on saId plat of UBERTY ON THE LAKE, then~ South 55 degrfHIS 39 m/llutes 47 ssconds East. along sold northerly nght-of-woy 1/IIe. 0 dlstonCfJ of 837 feet. thence easterl~ along SOld northerly nght-of-way Ime. along a tangentlol curve, conCOIIe to the north. having 0 centrol angle of 68 degrees 1.1 minutes 24 seconds, a radius of 17500 feet, for on ore length of 13S 93 feet to 0 southwesterly l/IIe of sold Outlot G. thenes South J'J' degrees 53 minutes " Sf/COllds East. along SOld southwesterly line, not tongtJflt to SOld lost described curve. 0 dIstance of 145 96 feet thence South 55 degrees :S9 minutes 47 seconds East, oIong 0 southwesterly l/IIe of sold Outlot G. 0 dIstance of 73269 feet to on fKJster/y line of SOld Outlot G, thllfl~ North 00 degrees 06 m/llutes 25 seconds ~st. along SOld easterly Ime a distance of 2J'2:J5 feet to the pOint of beginning . 2ND ADDITION AND That port of Outlot G. UBERTY ON THE LAKe, according to the recorded plat thereof. Washington CountJ' Minnesota. described os follows Commencing at the northsost comer of SOld Outlot G, thence South 11 degrees 09 mlflutes 59 stJCOl'lds West, assumed beonng. oIong on tHJSterly III/e of sold Outlot G. 0 dIstance of 457 feet, thence southwesterlJ' oIong a non-tongenl/al curve, concalle to the southeost, havrng 0 central angle of 34 degrees 79 m/llutes 52 seconds, 0 radIUS of 789 00 feet. for on ore ItJfIgth of "325 feet, the chord of SOld curve bears South 3S degrees 59 minutes 47 tlllCands ~st" then~ southwesterly. along 0 t01lgentlol re_ curve, COIICOIIe to the northwest, hovrng 0 central ong/e of 77 degrees 3S mmutes 03 seconds, 0 radIUS of 17700 feet" for an arc length of 15034 feet to 0 northerly l/IIe of sold Outlot G, thtJflce southwesterl~ along SOld northerly 11IIe. along 0 non-tongfllll/oI curve, concave to the northwest. hovrng 0 central angle of 51 degress 2:S mil/utes J'J' seconds, 0 radIUS of ", 00 feet, for on ore length of 99 56 feet, the chord of SOld curlle bears South 67 degrees 57 minutes J'8 seconds West. thence southtJOSterly. along D non-tangenbol curve, concave to the northeost. hOVIIIg o centrol angle of 00 degrees 31 minutes 07 sfIConds, 0 radIUS of 286 00 feet, for on ore length of 259 feet, the chord of SOld curve beors South O:!l degrHs 72 mll/uttJ8 05 seconds East to the actual pOint of beginning, thence southeasterly. oIong 0 non-tangentIal curve, conCOIIe to the southwest, haVing e centrol angle of 49 degrees 34 m/llutes 44 seconds, 0 radllJs of 3900 feet, for on arc IBngth of J'J' 75 feet, the chord of SOld curve bears South 37 dsgrees 36 mlnutss 47 secOllds East, thence South 12 degrees 49 mmutes 25 stJCOl'lds East tangent to SOld l08t desCrIbed curve a chstonce of 16701 feet. thence southsosterly. along 0 tongtJfltlOl curve, conCOIIe to the northeost, hovrng 0 central angle of 78 degrees 57 minutes 24 seconds, 0 radIUS of :SOO 00 feet, for on arc length of 98 73 feet, thence southeasterly. along 0 tongentlol compound CUnlro COf/COIIe to the north_t. havrng 0 Clllltral ongle of 06 degrees 26 minutes 43 tlllCands, 0 rad.us of 59500 feet for an arc IlIIIgth of 6693 feet thence South 57 degrees 52 mil/utes 27 secands West not tangent to SOld l08t descrtbed curlle, 0 distance of 45 53 feet. thence South 82 degrees 07 minutes 77 seconds West, 0 dlstan~ of 180 00 feet, then~ northwesterl~ oIong 0 non-tangentIal curve, concave to the southwest, hDVIIIg 0 central angle of 07 degrees 46 mmutss 08 seconds. 0 radIUS of 655 00 feet, for on ore length of 88 87 feet, the chord of SOld curve bears North 39 degrees !itS minutes J'2 seconds ~st, thence North 43 degrees 49 mlllutes :!16 seconds ~st, tangent to saId last descrtbed curve, 0 dIstance of 30702 feet, thence Narth 79 degrees 19 m/llutes 78 seconds ~st. 0 dIStance of 629 feet to 0 pOint hereinafter referred to as POint "A': thBn~ North 74 degrees 7:S minutes 77 sfIConds East, a dlstonce of 29 ao feet, th/lll~ North 85 degrees .J6 minutes 27 seconds East. 0 dIStance of 3739 feet" thence South 52 degrees 47 minutes 70 secands East. 0 distance of 257 58 feet" then~ North 59 degrees 03 mmutes 76 seconds East, 0 dlstonce of 75031 feet, thence northwesterly. 01011'1 a non-tongenl/ol curve, concave to the northeast, hovrng 0 c/llltrol angle of 04 degrees 30 m/llutes 12 seconds, 0 rodlus of 595 00 feet" for an arc length of 46 76 feet, the chord of SOld curve bears North 16 degrees 42 minutes 3S seconds ~st, thence North 74 degrees 27 minutes 30 seconds West tangent to saId lost described curve. 0 dlStonce of 6366 f"t, thtlflce northwesterlJ' olang 0 tongenl/ol curve, conCOIIe to the northeost, hovrng 0 centrol angle of 10 degrees 59 minutes 52 seconds, a radius of 286 00 feet, for on orc length of 54 90 fHt to the pOInt of begmnlllg AND That port of Outlot G, UBERTY ON THE LAKE occordmg to the recorded plot thereof. Washington County. Mmnesota. descrIbed os follows Begmnlng at SOld above descnbed Point "A': thenes North 79 degrees 79 minutes 78 seconds West. 0 dIstance of 7376 feet. thence northerlJ' along 0 non-tongentlol curve, concave to the west, hOWlg 0 central angle of 21 degrees 01 mmutes 74 seconds, 0 radiUS of 90 00 feet, for on orc length of 3:!1 02 feet" the chord of saId curlle bears North 00 degrees 25 minutes 57 seconds East, thlNlclI North 46 degrees 70 minutes 24 seconds East, not tangent to SOld lost described curw, a dIstance of 79:S7 fellt, thence South 00 degrees 49 mlflutes 06 seconds West, 0 dlstan~ of 4880 feet to the pOInt of beg/llnlng AND That part of Outlot G, UBERTY ON THE LAKE, according to the recorded plat thereof. Washington Count~ Minnesota. described os follows Begmn/llg at SOld obolle described POInt "A': thence North 74 degrees 73 minutes 77 seconds East, 0 dlstonCfJ of 2980 feet, thence North 85 degrtHIS :S6 minutes 27 seconds East, 0 distance of 3739 feet, thtlflce South 52 degrees 47 mmutes 70 secands East, 0 dlston~ of 257 58 feet, thenCfJ North 59 degrees 03 m/llutes 76 seconds East, 0 dIstance of 15037 feet, then~ northwesterly along a non-tangenl/ol curve, concave to the northeast hovrng 0 central angle of 04 degrees 30 mlflutes 72 seconds, 0 radIUs of 59500 feet, for on ore length of 46 76 feet, the chord of SOld curve bears North 16 degrees 42 mmutes 36 seconds ~st, thence North 74 degrees 27 m/llutes :SO seconds West, tangent to SOld lost descrIbed curve, a dIstance of 6366 feet. then~ northwesterly. along 0 tongenl/ol curlllt, conCOIllt to the northeast, hovrng 0 central angle of 70 degrees 59 minutes 52 seconds, 0 rochus of 286 00 feet, for an arc length of 54 90 feet, thence northwesterl~ along a nOll-tangentlol curve, concave to the northeost. hOVIIIg 0 central angle of 00 degrees 31 minutes 07 nconds, 0 radIUS of 286 00 feet, for on ore length of 259 feet to 0 northeasterly line of sold Outlot G, the chord of sold curve bears North 03 degrees 12 mmutes 05 seconds West, thence northwssterly alOIIg SOld northeasterly 1/IIe, oIong a non-tangentIal curve. COIICQV/I to the northeast. hovrng 0 CfItltrol oogle of 725 degrees 52 mlnutll8 J'O sfICands, Q radIUS of 117 00 feet" for an arc length of 24386 fHt. the chord of sold curve bears North 2:S degrees J'O minutes 20 seconds ~st. then~ northtHJSterly. along on easterly IlIIe of sold Outlot G. oIang 0 tQflgenl/oI rellerse curve, conCOIIe to the northwest, hovrng 0 centrol angle of 39 degrees 25 m/llutes 54 SllConds, 0 radIUS of :S9 00 feet, for an orc length of 3S 84 feet. thence on 0 bt1QTlllg of North. oIong on sosterly Ime of sold Outlot G, tangllllt to sold lost described curve. 0 dIstance of 7766 feet to 0 northerly l/IIe of saId Outlot G, thence westerl~ along SOld northerly line, olang a nan-tangentIal curw, concave to the north, havrng a centrol angle of 07 degrees 30 minutes 58 seconds, 0 rochus of 472403 feet, for on arc length of 12507 feet, the chord of said curve bears South 89 degrees 10 minutes 52 seconds ~st, thence an a bearing of South, not tangent to tlC1Id ItNlt descnbed curve, 0 dIstance of 11443 feet" thence South 04 degrees 37 mmutes 19 seconds West. 0 dlston~ of 6841 feet. thence South 46 degrees 70 minutes 24 Sf/COllds West" 0 distance of 27628 feet, thence South 00 degrees 49 mmutll8 06 seconds ~st 0 dlstonce of 48.80 feet to the pO/llt of beglnn/llg WESTWOOD ProfesslOl'lol Servrces, Inc ~__" f _I C -J.__'_ LIBERTY ON THE LAKE 2ND ADDITION . PRELIMINARY . AND I hereby t:tlrllfy that I have surveyed and platted the property described on thiS plat as UBERTY ON THE LAKE 2ND ADDITION. that thiS plat IS a can"ect representation of the surve~ that all distances ere correctly shawn on the plat m feet and hundredths of a faDt, that all monuments halll! been correctly placed In the ground as shawn, that the outSJde boundary Imtls are correctly dtlslgnated on thtl plat. and that then are no Wtlt lands as defined In Mmnesata Statutes, Section 505 Q2, Subd I or public highways to be dtlsIgnated oth..,. than shawn That part of Outlot G, UBERTY ON THE LAKE, accordmg to thtl recorded plat thereaf, Washmgton County. MmnellDta. lyiI'lg northwesttJrly and northtJrly of a line deScribed as fallows CammtNIclIIg at the northeast comer of BOld Outlot Go thence South 11 degrtHls 09 mlflutes 59 seconds West, assumed beanng. along an easterly Ime of said Outlot Go a distance of 457 fHt to the actual pomt of bag,mmg of the Ime to be desCribed, thenctl southwesterly. ofong a non-tangentlCll curve, concave to the southtJDst, haVlllg a central angle of ..34 degrees 19 mmutes 52 seconds a rrJdlUS of 18900 feet. for an arc length of 11..3 25 feet. the chord of IIDld cur"" bears South ..J6 degrees 59 mmutes 47 seconds West, thlHlce southwesterly. along a tangentlof reverse curve, concave to thtl northwest, haVIng a centrof angltl of 77 degrees ..36 mlllutes OJ seconds. a radIUS of 111 00 feet, for an arc length of 150..J4 feet to a northt:rly line of said Outlot G and /lQld Ime there termmatmg AND Mortm J Weborr; Land Surveyor Mmntlsata License No l204..J . That part of Outlot E, LIBERTY ON THE LAKE, accordlllg to thtl recorded plat thereof, Washmgton County. MlllnellDta. Iymg Wflsttlrly and northtlrly of a Ime descnbed as fallows Commenclllg at the southwest com... of said Outlot E, thence South 89 degrees t..J mlllutes 12 seconds East. assumed beanng. along the south Ime of /lQld Outlot f. a distance of 690 49 feet to the actual pomt af bagmnlllll of the Ime to be deScribed, thence Narlh 00 degrees 46 mmutes 4B seconds East, a distance of 11000 feet, thence South 89 degrees 1..3 mmutes 12 seconds East, a dIStance of B..J 87 fetlt, thence North 40 degrees 57 mlllut/!/S 57 _tis East, a distanCe af ..3..309..3 feet, thenctl North ..31 degrHS 18 minutes 19 seconds East, a distance of 41 7..3 f....t. thence North 4..3 degrees 12 mllluttls 05 _ds East, a dlstanet: of 17950 feet, thence North ..J2 dtlgrees 24 mmutee 45 SfIConde West. a dlstanCII of 141 10 "'tit to the southtlast comer of Lot 8, Black 6, SOld UBERTY ON THE LAKE and SOld Ime then temllnatmg Has caused the same to be surveyed and platted os UBERTY ON THE LAKE 2ND ADDI710N and does hereby d4nattl and dedICate to the publiC for publiC use forever the court, green, plaCII, ways, tratl, road and bau/eVflrd and also dedlCOte the easements aeated by thiS plat for dn1lnage and uttllty purposes only In witness whereof SOld Contractor Property Developers Company. a Mllln_ta Corporation has caused thtlse presents to be Slllnf1d by Its prop... officer thiS _ day of 19~ STATE OF JllNNESOTA COUNTY OF The forsgolllg Surveyor's Certificate by Marlm J Weber, Mlllntlsata Raglstrabon Number 1204..J was acknowledged before me thiS _ day of 19_ by Mart", J Weber, Land Surveyor Notary PubliC, My CommiSSIon Expires County. Mllln_ta CITY OF S71LLWA~, UINNESOTA The foragomg plat of UBERTY ON THE LAKE 2ND AODI71ON was approved and acc8pted by the City CounCIl of Stll/wat... Mmneaota. at a regular meetmg thenof held thiS _ day of 19_ and IS m compliance With the praVlSIQfIS af Chapter 505 OJ. SubdlVlslQfI 2, Mmntlsota Statues CITY OF S77LLWATER, MINNESOTA By Mayor By Clerk . CONTRACTOR PROPERTY DEVELOPERS COMPANY By Homer H Tompkms III, President COUNTY SUR\IE"YGW Pursuant to Chapter 820. Laws of Minnesota, 1971, this plat has b....n approved this _ day of 19_ STATE OF MINNESOTA COUNTY OF _____ The foregomg mstrument was acknowledged before me thiS _ day of ____ 19_ by Homer H TompkinS 111, Prllllldent on behalf of Contractor Propllrly Develapers Company. a Mmnesota corporatlQfl By Washington County SUrvlJyor By Notary PubliCo My CommiSSIon Expires County. Ulllnesota COUNTY AUDlTOR/lREASURER No dellllquent taxes, the current taxes due and payable for the year 19_ have bHll paid, and transfer tIfItered thiS _ day of 19_ By Washmgton County Auditor /Treasurer By D8puty COUNTY RECORDER Document Number I hereby certify that thIS IIIstTUm""t was filed III thf1 office of the County Recorder for record on thiS _ day of 19_ at ___ o'clock _ M. and was duly recorded III Wash"'gton County records By Washmgton County Recorder By Deputy . . WESTWOOD ProfesslOflal SennclUl" Inc \ . . I I !50 I C::l I I I 1-- C) I I j:"~ I I :) C) ~ +- 8l -.. -... 1-- CI::: C) -,. c_ ZI 30 r is I '" I <0 ~ r 12950 ~ 8 I " ill I 19 I I'" L..!' ~9~~1[. f... _..J r 12955 .. 8 I 18 '" I 18 I", '" I I'" L..!'~9.5851[.f..._ ..J 30 r 12961 .. g 1 115 I 17 I", :il I I'" L..!' ~9~~1[. f... _..J r 12967 .. lyg I '8 I 16 I", ~~ I I'" l- L..!' ~9~~1[. f... _ ..J ~ 0 r-i2973 .. S:s 1 1 I 15 I~ ~:il I ..J'" /'" L..!' ~9.58 51[. f..._'Po 12979 30 14 I'" ;::I~ ~I I 13 , ""SW Cor of Outlot E L/8&TY ON 11-/< LAk< lIBE:.-FiJr'," LIBERTY ON THE r'IAl v,. 23 N 89058'59- E 74 III '" 6000 .. .---..., r---., 151 ;0,1 I ,I I <>1 115 24 .?I I~ 25 81 1- "I I 27 42003 ;:.. /1365 N 6~5859" < 2EEOO 1 J 11>: I- I'" r ':J(}OO , N 8907312" W -' gl I 13207 ..., ",I 80 I ~I~ 13207 "'I I 1- ~I~ 7 2 I~ L_...!'~9~~I[.!1 N ~.'3 72" W 1<0 r---iJoOo-' ..J 81 I 13207 13201 ..., "I 31 I 1- ~I "'I I 6 3 I~ L N ~9.58 59" !I ~ 890'312" W " 13201 13.z"O, .?I 8 " 6000 r----, I ,. \ 1-- . " ...." 9 7 8 10 n " ... 15225 , , '\.\ '-south ',ne of Outlot E ~ '-Dramage ct Uttllty casement 690 49 T" 'L In.... LAKE 2ND ADDITION PRELIMINARY LAKE "- .' .4"" " ~~<).:'\. ""." "~4' _.~~ ~. ~" ~..- _ -'44 " ;p..6-E / 042'11 )l1~~ 40 I 35 , r.... J' .("1, ~' ,i\/ , , " ......... I " I!> ,0, '!t!': ' a~~ER ".... ........... 'q'4.....c- " _ "'L; I..:. -- I " It '......Match l.IJe A "Ii!! IN I'" " .:- " " LJ.=1101948- ~ ~-:;:.....- ,i:ff~ ~ \+~ ----, "''}o>. ,,)" >.!.9i!- ,(, j(''\V ,\ VICINITY MAP No seal<: 76th st N SIte SectlOfJ 30 1t.J1 Townsh'P 30 Range 20 4 1 (SH sh..t 4 of 5 sh..fs) ..-...-SE Cor of Lot 8 _---- 8/k 6 L/B&TY ON THE: LAKE ,(v , t~L..: " t . 60 P""""""I o 120 180 feet 60 Scale In Scale 1 IfIch- 60 feet o Denates 1/2-)(14- ran mQllument set .t marlced by R L S ReglStratton No 12043 . Denates 1/2-)(14- ran mQllument found marlced by R L S ReglstratlQII No 1204J, unless otherw,se nated . The lJrJentat,QII of th,s beanng system Is based QII the south I",e of the N 172 of the NW 1/4. S8c "', Twp 30, Rye. 20, whICh IB aBSUmed ta bear N 89"1,,'12 W Drainage and UtJ/tty casements QI'tI shawn thus I 10 ' I _____J____J 8"lfIg S feet In width. unless athfIrWlse /fIdlcated. and adplntng lot I",es, and 10 feet In Width and adp",mg street I",es as shawn tNl the plat Wetlands w_ delineated by PetrstNl cnvtrallmental CtNlsultJng, Inc . WESTWOOD PrafessltNla! SenoceB, IlIc ~__,. ,. -.I ~ _"'__,_ - LIBERTY ON THE LAKE 2ND ADDITION ESTATES ~ ~.:- -::= -"""?-.."",- " ~;'",.; ..."'~ "'" .... ~:-:.....' ," .'''-'<': " //-;'/ .... .... ........... ' , ~ .......... ''''\ /, ........ '" /// ,"'-<:;::- -. - - \ // ./ / '-:/ ~ ~ -=- :..::- -/. / 'I.... ........... /// //, ~ /;" I, I "'I /j' ,.. -:. LONG LAKE ' ',,,- 1/,' ~~:'s~/-;no:' o:m~{/~:: ffg9J; OHWL- 8915 It (Per DNR) . . / / / / ./ ./ /' PRELIMINARY Cl ... .AC" '/IL L E IYI&..~ - - -- .1 COURT " - - -- / / / / ./ ./( _/' \ "0 Drainage and Utdtty F:astlmtlnts are shawn thus JA~K30,''J / - .... RL S No 9232 /on ely tme of Outlot G J N 20010'54. W 26487 -- ~ ,,"'- redge 0' ......'.......... _ l Water ..............:'(... '.' ::--- - ......~ ON THE LAKE . ~~ In I ':::ir:Ri,' ..u."".... .... .... N220,D'40.W N270S3'06.W . ,-------- " , J I I I '-;;' ~i !~ '" ii :115 I! iI I' '1-'> '" I', ~.'O'tJ1./.p'/j ~ ! >'1> !t~ '" I 0 ~ I r-.J.~~~_ I , .tj-<iOOI J9" -. I ~ I I I ~ ' -I , ! - : ~I I : '" , -I I I . I I I ~ I 7 ""I I ;t; I ' \ ~ I ~I I " , '< , l... 55 .... '!8........~."",19 .... /.... <,,,,, -r---- $OJo OJ~ 8- 79~! 6799 ~ S21034'2rE 69 G 1~~ r:J'\\0\ 01 \~. '- s'tl1j ',-0 .,,-r.. \.r' . ,e ~~.... , \ il<104J JJ 4 3 5 , ~... \. 1 6 2 " ^"~ v' I I / 60 ~ o 60 120 180 Scale III feet l/BERn' / Ne Iy .xl 01 Ih../ et1$t Ime of Lot 1 Blk J LIBERTY ON THe LAKE 14596 "-a SW'ly ,,,,. of OUllot G I (;i-r'" Cl'" \.\0"" III Scale 1 Inch- 60 fHt THE o Denotes 1/2"xl4" Iran manument set It marlted by R L S Registration No 12043 .'141 -'v lAKE IACINITY MAP No scale . Denotes 1/2"xl4" Iron monument found marl<ed by R L S Regfstratlan No 12043- unless otherWIse noted I 75th St N ---- t The onentatlOll of thIS bearing sy.stem Is based on the south line of the N 172 of the NW 1/4, See. 31, Twp 30. Rie 20. whfch fS assumed to bear N 89"1;"12 W . 5 ~5 I I 10 I I 10 I I _____J____J L____L_____ Wetlands Went delllleated by Pettll"Son F:nwonmental Consulting. Ine SIte 8t:ltlg 5 feet In width, unltlSS otherwIse IIIdlcoted, and adjOIning lot 11rlt1t4 and 10 feet In width and adpllltng stret:t lilies Q:J ehown on the plat BenchmBrlc Top nut hydrant In SF: Quad of Manning A l'W N It 75th St N (F:Iev ~ 91285) r--- I , I I I I J SectlOf'l 30 . J, Townshlp:SO Range 20 3 WESTWOOD PrafesslOllal SetVlCt1t4 Ine ShHt 4 "f S shHtS . / / / / / ~ / /'; / I / I ( r$> / I \ / I '" ~ / I, ~ / I / I / I / I / ) / / 1'-.........-/ I / . . ::::... ~ ;:-'ll) s ~~ ~ ~...... '" lC tCll " ", (0 5 ) o'!J'I'~ ~--, 11>6~ A~ ?~ l> ~ ~g ~11> SCJ100l f10USE CIRCl E . -" -" . LIBERTY , , ON THE LAKE 2ND ADDITION '~ .. &.:-""'~ '1; " , " / ~~ , , I J., , ,) " / , fJ / I ,~~. / / I \ I / I ~ I "-..... ( .......... .......... -- I I I Wetlands wertI delineated by Peter80fl EnVIronmental Consulttng, Inc \ \ ro Nfly cor I of Outlot C I \ I,rPondmg <as.",.", / / per Doc Na 898049 ~ '/ N 23026'29- ':-1:' 1"""'- -- ( ",' , , - ( C. i:: .......... '- .:t..~~,.. .............. 'r, A, _ J. - ~ ! , , , BenchmBrk Top nut hydrant 111 SE Quad of Manning Ave N It 75th 51 N (E/ev= 91285) at, , , : , , , , , , , I ,~(' <.; -- , , , I 4/.- "...('- l"'98 7.J R=.JOO 00 A =18051 24" <3~~0 <~ ;So- ~~ '-1.9 ,,>. ~':" ~.9. " "J,q~ ..,'_..... -.:'" \.,- A, t!.=Jo27SS" / L=34 08'-'---~- ve. , I /'~V' - ,~ ,~-V l) ... ~" ~ , !~ , S 8 ... :Iii :I~ ,~ """ I. 'aclf',~4I' ,"It, -'v , , ,. y , ' J , / PRELIMINARY / lJloE" , , , , , , l.4koE" . .a8 81 . 1..7'046'08 b :..65~ t6q JZ"W ce~39 The onentotlon of thIs bearing system IS based on the :muth Ime of the N 1/2 of the NW 1/4- See: .n. Twp "0. Rge 20, whICh IS assumed to bear N 8901"'12 W VICINITY MAP No scale 60 ,........., ScoIe o - Drainage ond UtIlity Easements ore shown thus t 60 120 180 . feet 5<<t1Dn 30 It 31 Township 30 Range 20 m A" Seolft 1 II1ch= 60 feet Sltft o Denotes 1/2"xI4" ,ron monument set It morlted by R L S Registration No 12043 I 10 I I _____J____J . Denotes 1/2"xl4" Iron monument found morlted by R L S. RegIstratIon No 12fU3. unless otheW/se noted BtlJflg .5 fHt In W/dth. unless othttrWlse Indicated. and odplnmg lot Ima. ond 10 rDet In WIdth and odJo;"ng strNt IlI1ftlll os shown on the plot WESTWOOD ProfeesKHIal StIrVICtIS" Inc <:1.....1 _" It' _" .It__,. . . . Memorandum Apn129, 1999 TO: Mayor and CIty CouncIl FROM: Klayton H. Eckles (e. v CIty EngIneer SUBJECT: PetItIon for Street and Storm Water Improvements MeadoWVlew Dnve DISCUSSION: Attached IS a petItIon from property owners lIVIng on MeadoWVlew Dnve requestmg that the CIty make Improvements on MeadoWVlew Dnve to deal WIth detenoratmg blacktop and Improve storm water management ACTION REOUlRED: CouncIl may wIsh to consIder thIs petItIon In whIch case they may wIsh to order a feasIbIlIty report or CouncIl may WIsh to table the Item untIl staffhas more tIme to prOVIde addItIonal mformatIon on thIS subject. PETITION . THE UNDERSIGNED hereby petition the City of Stillwater regarding the surface water drainage at the intersection of Stillwater Avenue and Meadowview Drive, as follows: BACKGROUND: 1. Stillwater Avenue slopes downhill from Owens Street to Meadowview Drive (east to west). Meadowview Drive slopes downhill from its southerly cul-de-sac to Stillwater Avenue (south to north). Refer to sketch attached. 2. Rain water, melting snow and any other surface water drains down both these streets to their intersection. 3. There is a storm water catch basin at the northwesterly corner of this intersection to which the water is intended to flow. 4. However, the water flows to the southeasterly corner of the intersection and then diagonally across the surface of the street to the catch basin. . 5. The southeasterly corner is apparently a bit lower than the northwesterly corner as all of the water does not get to the catch basin but instead it lays across the intersection. 6. During the winter months when there is thawing and freezing, the intersection is always covered with water and/or ice. 7. Even during the times of the year when the temperatures are above freezing, there is water across the intersection whenever it rains or there is surface water draining to the intersection. WHEREAS: This condition, especially of the thawing and freezing, causes the blacktop in the street to continually break-up creating holes in the street, and This condition has prevailed for years and consequently has resulted in an on-going maintenance situation for the City, and . PETITION Page 2 . This condition results in a slippery and dangerous corner during the winter months, and This condition also is a source of continuing annoyance to all drivers who use this intersection as the majority of the time it is wet and/or icey and slippery and the blacktop is broken-up and full of holes, and WHEREAS: The signers of this petition are of the oplnlon that a simple and relatively inexpensive solution to this problem can be provided by the placemnent of a catch basin at the southeasterly cormer of the intersection and an underground pipe or culvert to take the water from the new catch basin diagonally across the intersection to the existing storm sewer, and . The signers of this petition are of the oplnlon that this solution will be more cost effective to the City (ie; taxpayers) than the accumulative and on-going expense of year after year having to patch and fix the street, and The signers of this petition are of the opinion that this solution will result in a better and safer intersection to all who use it; NOW THEREFORE: WE THE UNDERSIGNED respectfully request that the City immediately proceed with the necessary action to implement the solution suggested herein in order to correct the unsafe, troublesome and expensive condition that exists at this intersection. . 511IJ..WIrf€-p. Ave, <E::-- ~ W-kT~':\' ~1.0W ~ ~ H4'~(i~re-o /II~ D :c~ a~H p~s/~, ~1 ~ J ~ ~~ c:> ~~ ~ ~~ ~ ~~[ 0 ~ ~ ~ --- (l1f-la-IS-I'l ~ -- ~, ~ " ~ - "-\ [ - ~ ~ ~ /loB ~ ...0 , '-C:) UOb ];] j I I I I I 1 I ..- . . r S:l.O [ I Bo,/" [ t ~1-' b'n/N' aM"~,f SA5'AI______ $ 1146 GffE" ai/to ~It 7 1 , U o-/?--, lJ.-16 J /(~1. ~ t,l-'~~. I PETITION SIGNATURES . Please Print: Name: Ll.5.A p. "5 rncJ.<Sre AD Address: II 0 ~ MeADow v / €,"W D~. S,./ L.LuJ Aw(Z.. (V1 tV ~Sl>~ z- Date: i././t:; 199 Signature: ~J,;;....-1P.;J::J::-~ Name: ::r; i<.~ Sr<t:>cJ.<.5~eA 0 Address: (I () ~ fl1eAj)tJa)./J~CAJ YP, 5?7.tlc.v'#~A N~j 5SO~v , Date: ~~;r Signature: ~~~ V . Name: L"'\;) W //'I c::;, \H II L. i) Address: 1/ ()"'J f't11f1J }JWV/lftJ 1)/2- 5 --r; lL WI-l1',~~. /YI}~ S5'c; j ~ Date: 1/..5/ '7'9 ' Signature:' ~G uJCLcJJ Name: ellJ'AltLU t.. '1/7. {.b p-uL Address: ///J 7 /JLttll'lUPt'/L~ ;)4.1 S/;/;U/~;-~ / -?J171 :S:}"PRZ- Date: ~/s-/ 99 , / Signature: 'mtUQeLu,"t 'in. a/tl~ (j . Name: l!.JJ..tlA. L~ ~ K t) LJ F f- Address: J1I 3 rn IE ~ dOc.UtJl IE I() OQ, S T; I.. LI,4.JilWIL, IYJAI 55'olJj- (). t\ Date: fit.. /'1'1 Signature\" i J.wQ-'<L 'i< ~ Name: /lLttl; llf)kr~ Address:/1/3 ",,E~J6 u/ ?..R. 5ZihclI1;/2., Aut 55',8~ Date: -T/,:1-'! Signature; cl4 -€~/ .. PETITION SIGNATURES . Please Print: ~ Date: Name: Address: () - It 170 I w,Jv, .s.J:I/11/lIte-'1 M~t Date: -L//7 / '? 7' Signature: Name.(}~~ Address: _ '/e ~ ~~ Dr, ~~, Date: ~ / 1/ Cf'l ' Slgnature: Name:~\o.~~f ,V\{ ~ \,tl ,l-L Address: --1J I '1 ~ ~ J Vi e.~ <s+~ I(ylre~kr ~tlI J Date: It (=1-/11 Name: Cr}L W~lsl~ 5 Address:iUJ__ ~~ .;.~ ~l\w....~ '- W\.U Date: '//3/77 . Signature...?{<- ~C ~ PETITION SIGNATURES . Please Print: Name: !I/r<j"k SO-'61 VI ~Z Address: 71 / & J/}/jPI It!! lA -.W {lJ1t 5f,l{wd:t:.,!1lh.. /Z~ Date: t5J 7/ 11 Signature: ~ ~~ 7 Name: ~l c~tfM" ( 13; fV:W' t . Address: II () C) ..<< lSA-i1a(jJ9lk~fIJ 4A... Sll I ( ~ It-nr:: f2 . p.AN / I' / - Date: q 7 I '17 Signature: ,~..: ~6JG ll.l-JA<--> f I ~ 'j.~ .L N. Voh /1 oE-. ). ' Nam~ ().. I>.- l' ~'9 Address: lit:) ~- 4.iJ..ewc/.owr/: ~t,.L) "j),... :5}: / J l,t?i/V /e. ~ A /fl. -s-s-08' ),-; \ f" '\ Date: 'f/7/r? Sign~~ J.~ Name: -1fo~' ~\ C'.... \r.-~~ ...{'\ Address: '\0""'3 N\p~\~\,)\l\e..\.~ ~\ ~~\\~~r..-\e... \/~\\.. CO~9"2- Date: , ~ /, (q 9 Signature: rf!.1' L t'l J >>(}Q A\ ') , Name: ~'l,lL' (' \'\1\. \,LU:..tcL Address: \ DC l'\t vJ'v (,., ~ UA\H~~'i.-, ~\I\ N S50~" Date: ~ Signatur : Name: Lu.~ \4tJ~ ~\ll0 Address: \ \Oq W\~WV\aJ Dt.. ~l1l.U\HtlEt l V\t\M ~sog~ Date: _ _~JJ!tJttq Signature; . PETITION SIGNATURES . Please Print: Name: .e, ",.e <' :De-Ii: ~ ; s" a.... Address: ) I / ~ 1'1R~sx.:;J6'; ,..~ of; {('.L~~~d Signat~.~ ~, Date: NameiA".t'/.-9~/J J. ~.5v//L Address: // /7 #OI'JA'zYY' /1-4'~.a . c5?A1~)7/A~ >>"". .5~s'n _/ ~ /' . Date: 4/'/'~ Signa~~d!/p~ Name: (;J ~'"1 rv ~ Address.11.1 7 1Y\...."A.,,iV.....:.. _ Q.,..... . Date: Y-fC. -Cf, Signature:(()~ V~ -, Name: 1,;::5/ 7.f p... ~ Address: I, I i frV-c-cto~1 ~ .~ ~r Signature: ~-;j'1J- 0--' ~~ Name~l ~ Address: //0 h - ~/l ~lf(l/oSd3~ <;Jd;).J" ,.' Date: S1gna~~~ Date: Name: . Address: Date: Signature; ,. , . . . Memorandum Apnl 30, 1999 TO: Mayor and CIty CouncIl FROM: Klayton HEckles JL.r!"V CIty Engmeer SUBJECT: Curve Crest Boulevard ExtensIon DeSIgn DISCUSSION: Attached IS a letter from BRA dIsCUSSIng the cost offimshIng the fmal deSIgn of the Curve Crest Boulevard ExtensIon project Although we have not had feasIbIlIty heanng on this project yet, we may WIsh to contmue on some of the aspects of the deSIgn on thIs project. There is a sIgmficant tIme delay obtammg MumcIpal State AId approval and the landowners in the area are anxIOUS for thIs project to proceed In addItIon, by contInUIng to work on some of the deSIgn aspects of the project, some detaIl deSIgn Issues may be resolved before any publIc heanng. RECOMMENDATION: Staff recommends that CouncIl authonze BRA to contInue workIng on the final deSIgn of the Curve Crest ExtensIon project at a cost not to exceed $51,065. ACTION REOUlRED: If CouncIl concurs WIth the recommendation, they should pass a motion adoptIng ResolutIon No 99-_, ACCEPTING PROPOSAL FROM BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES TO CONTINUE THE DESIGN PROCESS FOR THE CURVE CREST EXTENSION PROJECT. RESOLUTION NO. 99- ACCEPTING PROPOSAL FROM BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES TO CONTINUE THE DESIGN PROCESS FOR THE CURVE CREST EXTENSION PROJECT BE IT RESOLVED by the CIty CouncIl of StIllwater, Mmnesota, that hey hereby accept the proposal from Bonestroo, Rosene, AnderlIk and ASSocIates for contmwng the desIgn process for the Curve Crest ExtensIon project at a cost not to exceed $51,065. Adopted by CouncIl thIs 4th day of May 1999. Jay Krmble, Mayor ATTEST: MorlI Weldon, CIty Clerk .. , . . . ,. . . . .0 - 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo Rosene Anderllk and AssocIates Inc IS an AffirmatIve ActIon/Equal Opportuntty Employer PrmClpals Otto G Bonestroo PE . Joseph C Anderllk PE . Marvin L Sorvala PE . RIChard E Turner PE . Glenn R Cook PE . Robert G SchuMlcht PE . Jerry A Bourdon PE . Robert W Rosene PE and Susan M Eberlin CPA Senior Consultants AssoCIate Prtnclpals Howard A Sanford PE . Keith A Gordon PE . Robert R Pfefferle PE . RIChard W Foster PE . DavId 0 Loskota PE . Robert C Russek A I A . Mark A Hanson PE . MIChael TRautmann PE . Ted K FIeld PE . Kenneth P Anderson PE . Mark R Rolfs PE . SIdney P WIllIamson PE L S . Robert F Kotsm'th . Agnes M Ring. MIChael P Rau PE . Allan RICk Schmidt PE OffICes St Paul Rochester Wlllmar and St Cloud MN. Milwaukee WI Engineers & Architects Webslte wwwbonestroo com Apn129,1999 Klayton Eckles, PublIc Works DIrector CIty ofStlllwater 216 No 4th Street StIllwater, MN 55082 Re Curve Crest Boulevard ExtensIon Fm:ll DesIgn Dear Klayton Thank you for your request for a cost estImate to begIn th~ next phase ofthe Curve Crest Boulevard Exten'ilOn/North 62nd Street Area Project In January, 1999 we provIded Q feasIbIlIty report to the CIty for this project The feasIbIlIty report Included estimated costs for project constructIon as follows Phase I (Samtary Sewer, Water Mam, Storm Sewer 5 810,000 At Curve Crest, Pond ExcavatIon, Street and TraIl) Phase II (Storm Sewer improvements to Long Lake) TOTAL 200.00Q $1,010,000 Our contract WIth the CIty for thIS project, dated November 10, 1998, mdIcates that our fee for tlus project wIll be calculated as a percentage of the construction cost (565% for projects $1,000,000 and over), less a credIt ofS 6,000 for Prehnunary Plan preparation Based on this formula, our fee for completion of the final plans is estimated to be 551,065. The contract also detaIls the fees for the construction phase oftl1e pIoject. winch are based on hourly rates Please call me at (651) 604-4838 !fyou have questIons about the estimate or the propused work We look forward to workmg WIth you and the CIty on tlu~ prOject SIncerely, BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES ~~I(;;c-- 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 . Fax: 651-636-1311 - - . Mem.orandtnn To: Mayor KimDie and City Council Members CC: Nile Kriesel From: Larry Dauffenbach, Police Chief Date: 04/29/99 Re: Parking Problem on N. 3rd St. (Head Start) - - -- ~ -~- -- - : _ _The city has received a letter nom Jane Baggott of Ryder Transportation.. She is ~~~g a no parking sign in:front of the Wat~Department on North 3rd St. to ~9p -Off students at Ascension Episcopal Church for Project Head Start. These ~~~;~e handicapped. ~Ji~one to the location md looked it over. I recommend that the sign be ~ea.J)n the west side of~ Street in the first parking spot north of the north ~i~to the Water Department. The sign could be easily installed there. This ~wa3illow for better access fOr the children and the bus company. -7-"'-The sign could read" No Parking 8:45-9:15 12:15-1:15 _ _ ---- .----- 4:15-4:45 School days" The curb should be painted indicating the parking space needed. . 1 - ../ " . TO: Mayor Kimble and City Council members. DT: April 23, 1999 FR: Jane Baggott Special Ed Coordinator for Ryder. RE: Dropping off students ~t Headstart - We at Ryder Student Transportation are having a problem with picking up and dropping of our handicap students at the Headstart Program that is held at the Ascension Episcopal Church on North 3rd street. There is so much going on at the churches and with the road being quite Darrow there is no where to puB our buses up to. After talking to Bruce Koslowski and him telling me how hard it is for 2 to 3 officers to patrol 9 schools in the city limits with special transportation, he brought up the idea like they do at St. Mike's. Having signs staying no parking at special school hours. He referred me to Steve RusseB and was told to write you people a letter. The perfect place would be in front of the water department, which really has a yellow line painted there already but no one seems to see it. So my request is for a sign that says HANDICAP DROP OFF School days oaly. 8:45 -9:15 I 12:15-1:15 4:15-4:45. . This would really help out a lot. rd appreciate hearing from you people as soon as possible. Thank you very much. 1!;r 5/LJ C e Nt~, . . 1600 Johnson Dnve Stillwater. MN 55082 Apn119, 1999 Jay KImble, Mayor and C1ty CounCil Members 216 North Fourth Street Stlllwater, MN 55082 Dear Mr Mayor and City CounCJ1 Members We respectfully request a City ordmance be enacted m Stlllwater to resolve a problem we have been expenencmg for six years The 1ssue 1S the mconslCierate drauung of chlonnated swunmmg pool water onto our property We hve at the bottom of a large hill and the 1le1ghbors "on top" have not been acceptmg of our mce1y askmg them on nmnerous 0CC3S10ns to find a more constructive way to dram then pool water (Such as purchasmg and usmg a long hose tbat could be nm to the storm dram m front of our house ) . We reahze tbat there 15 an easement between yards, however, the water has caused damage well beyond the des1gnated easement Spec1fic damage to our property mcludes undes1rable cheIDlcals on our grass and lolling trees We also have been told tbat most ne1ghbonng commumtles have such an ordmance, thus makmg tlus thoughtless act10n illegal We would certamly appreaate havmg a more construct1ve recourse to tlus annual chlemma Thank you for your attentlon to tlus matter Please let us know how we can ensure tlus 1ssue gets resolved m a tunely manner s;;:~ f- TiM fZ~ Kurt and Tess Radecke (651) 351-7637 at . C I . . . o FYI U.S. Department of Transportation Federal Highway Administration Minnesota Division Galtier Plaza, Box 75 175 East 5th Street, Suite 500 St. Paul, Minnesota 55101-2904 April 26, 1999 The Honorable Jay Kimble Mayor, City of Stillwater 216 North 4th Street, City Hall Stillwater, MN 55082 Re: Proposed Mitigation Plan and Proposed Future of the Stillwater Lift Bridge TH 36/STH 64 Stillwater, MN/Houlton, WI Dear Mayor Kimble: Enclosed is the proposed mitigation plan for the New St. Croix River Crossing project near Stillwater, Minnesota. The proposed future of the historic Stillwater Lift Bridge is also included as part of this plan. This plan is proposed by the Minnesota and Wisconsin Departments of Transportation (DOT's) and Federal Highway Administration to mitigate the scenic and recreational impacts of the St. Croix River Bridge project. This mitigation plan was derived from a list of potential mitigation measures that were developed in coordination with the National Park Service, Advisory Council on Historic Preservation, City of Stillwater, Minnesota and Wisconsin Departments of Natural Resources and Minnesota and Wisconsin State Historic Preservation Offices. These agencies have not yet approved this plan but have assisted the DOT's in the identification of potential mitigation items for the project. Separate permit and approval processes are required from all of these agencies. - In addition, there are other project related impacts that may also need to be mitigated that are not part of this scenic and recreational mitigation plan. Examples would be potential impacts to cultural resources and threatened and endangered species. As indicated in my letter to you dated April 15, 1999, the meeting to discuss the enclosed proposals is scheduled for WedneSday, May 5, 1999, from 9:00 a.m. to noon at the Washington County Historic Courthouse in Stillwater, Minnesota (directions enclosed). As with the meeting we had in January, it is requested that only one individual represent the views of your group or agency. Limited additional seating will also be available for others who may wish to attend. The meeting agenda is similar to the last meeting in that each agency will be asked to provide its perspective on the proposed plan. This proposed Mitigation Plan for the scenic and recreational impacts is being presented to obtain input from the agencies and the public. Please RSVP by mailing or faxing the enclosed sheet by Monday, May 3, 1999. For further information, please contact Cheryl Martin, Environmental Engineer, in our office at (651)291-6120. S~~4 _ Alan R. Steger Division Administrator Enclosure 2 . . . . TH36/STH 64 - Consensus Alternative Proposed Mitigation Plan for the St. Croix River Bridge Proposed by MnDOT, WisDOT, and FBW A - 4/26199 The projects impacts to the scenic and recreational values will be reduced by: 1) Constructing a signature bridge, specifically a Weathered Steel Deck Tied Arch, 2) Incorporatmg design and construction techniques to reduce potential impacts to the Wisconsin and Minnesota bluffs and to the river, The following items are proposed as mitigation for the scenic and recreational impacts of the project: . 1) Remove the Northern States Power mooring cells and barge off-loading facility at the A.S. King Plant in Oak Park Heights, 2) Remove the Terra Terminal building south of downtown Stillwater and restore the shoreline, 3) Remove the earthen causeway between the lift bridge and the Wisconsin shoreline and restore the shoreline, . 4) Provide funds to the future owner of the lift bridge for routine maintenance and its ultimate future removal, 5) Remove the unnecessary pavement from the Wisconsin approach to the lift bridge and provide landscape restoration, 6) Stillwater's Kolliner Park; clean-up property and allow it to revert to a more natural state, 7) Partner with Stillwater in the development of a river front park on the former Aiple barge facility property and restore the shoreline, 8) Assist in the development of a regional infrastructure and land use plan for the St. Croix River Valley area between Taylors Falls and Prescott. 9) Provide a public boat access near the former FEIS alignment or the Consensus alignment on the Minnesota side of the river, 10) Involve the state DNR's in the placement of covenants on potential excess properties from the previous bridge alignment to limit future development uses, 11) Resolve the future of the existing lift bridge (see below). Note: All of the Items on the above mitigation list appear to have a very good potential to be Implemented, however, they all wIll reqUlfe extensIve dISCUSSions WIth appropnate partIes to resolve the specIfics of each item. Historic Stillwater Lift bridge proposed future: . 1) Prohibit vehicular traffic from the lift bridge upon completion of the new bridge, 2) Remove the causeway between the bndge and the Wisconsin shorelIne the construction season followmg the opening of the new bridge and move the navigation channel from the lift section to the east side of the river. 3) Transfer ownership of the lift bridge to the City of Stillwater or other appropriate entity, along with funds for routine mamtenance and funding for its ultimate future removal, 4) Removal of the 11ft bridge will eventually occur, tIming of its removal will be based in part on Its expected remaining life, whIch is currently being evaluated by a historic bndge consultant. AdditIOnal negotIations on tIming are also needed WIth appropriate agencies. 5) Begin dISCUSSIons WIth appropriate parties to mitigate the impacts to the historic lift bridge. ***** . DnmcnONS TO HISTORIC COURTllOUSB FROM TIlE TWIN CmES Go east on Highway 36 to intersection of 36 and Osgood.(Osgood becomes 4lh Street) Turn left into Osgood (4th SuccI) Go North on Osgood about 6-7 blocks until you reach Walnut Slreet. Courthouse IS located on your right. tall, llalianate, red bnck bwlding, With dome. [t occupies an entire city block, between Walnut and Pine Streets and 3rd. and 4th Streets. . . The Washington County Historic Courthouse 101 W Pine St., Stillwater, Minnesota 55082 (612) 430-6233 -.s Senior j 'n_ (W ~ DIRECTIONS FROM DOWNTOWN STILLWATER H.gt~od ~' Go West on Mynlc S~t Take left into 3rd. Street continue on 3m. Street unlil West Pme Sueel. Turn right into Pine Street Turn left into 4th StICCt enter Parting Lot from 4th Street. SIDle \Ighwoy , 96 .. I:: lU l, . . . Fax STJLLW ATER LIFT BRIDGE GROUP Please return by Monday, May 3, 1999 TO: Name: Organization: Fax: Phone: E-mall: FROM: Group/Agency Name: Cheryl MartIn Federal Highway AdmimstratIon (651)291-6000 (651)291-6120 cherv1.martm@thwa.dot.gov Representative's Name: Attending meeting on 5/05/991 Comments: Yes No Pages: 1 ';. - - - --- -~ -- . ~--- ----..-:;- . April 22, 1999 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Davi.g Johnson, Supervisors Louise Bergeron and Sheila-Marie Untiedt. Also, Treasurer Warren Erickson, Peace Officer Steve Nelson, Planner Meg McMonigal, Attorney Andrea Poehler and Engineer Paul Pearson. 1. AGENDA - M/S/P Untiedt/Bergeron moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - M/S/P Untiedt/Bergeron Town Board Meeting minutes as written. moved to approve the 4/8/99 Stillwater (3 ayes) M/S/P Bergeron/Untiedt moved to approve the 4/15/99 Stillwater Township Board of Review minutes as written. (3 ayes) M/S/P Bergeron/Untiedt moved to approve the 4/15/99 Special Stillwater Township Meeting minutes as written. (3 ayes)- 3 . TREASURER - ,. - ..." ....- Report given. -- Checks #13867 thru #13875 and claims #243 thru #255 were.approved~for payment;: I M/S/P Untiedt/Bergeron moved to.approve the renewal of saving certificate 3731-01572338 for $24,600.00 plus $50,000.00. (3 ayes) Blanket approval for the treasurer to be on the next meeting agenda. . 1. 2. 3. 4. 4. ATTORNEY- 1. Regarding the authorization of an annual oak wilt inspection ordinance, Steve Cook will be invited to the meeting to make comments. 2. The engineer will handle the right-of-way ordinance and bring to the next meeting. 3. M/S/P Bergeron/Untiedt moved adoption of resolution 4-99-1 for a traffic study of Stonebridge Trail as attached .to these minutes. (3 ayes) . 5. BERGMANN ANNEXATION ISSUE - M/S/P Untiedt/Bergeron moved to reconsider the previous planning-commission motion empowerin~ the joint board members to vote aga~nst the Bergmann ~nn:xation. (3 ayes) M/S/P Untiedt/Bergeron moved to send the Bergmann annexation issue back. to the planning commission for further consideration. (3 ayes) 6. 5 ACRE RULE FOR HORSES - The clerk read a letter from Dennis O'Donnell ~ Stillwater Town Board Meeting - 4/22/99 Page Two . that attempts to clarify the minimum acreage for the housing of equine friends. David Johnson suggested that the township planner contact the county and express some arguments that the township feels more relate to the intent of the ordinance. . . 7. PUBLIC HEARINGS - Two public hearing for 5/13/99 will be held respectively during the meeting at 7:00 p.m. and 7:15 p.m. if all documents are in order. 8. PEACE OFFICER REPORT - 1. Burning ban has been cancelled. 2. Mentioned a "No Parking" sign requested from a resident on Mendel Road. 3. The Goh1ike untidy premises situation has eVidently bogged down at the county planning office. Steve Nelson will contact Dennis O'Donnell to get things moving aga1n.- 4. Steve Nelson will be away for the month of July. The may township animal control person will cover dog impounds and the peace officer at Grant City will be asked to cover burning permits. The Sheriff~s Office will cover general policing needs. ~ _ 5. The City of Stillwater will use the softball diamond on Tuesday and Wednesday nights this summer. ~ 9. COUNTY ATTORNEY - Doug Johnson was present to introduce himself to the supervisors and offer any assistance needed. - , . 10. HUNTERS RIDGE - Steve May was present. He is concerned about being held up while the maintenance issue_is dealt with. 'The consensus of;the board is that he can go ahead with the grading. 11. PARK COMMITTEE - Meg McMoniga1 will be present at the park committee meeting in May. Authorization was give~ to go ahead and mow the prairie at Arcola Heights Park for $400.00. A community foundation may be set up to receive money for township projects. 12. RECYCLING - When writing the grant request for 1999 county recycling funds another recycling event will .be included. Sandy Fundingsland volunteered her time and collected funds for the 1999 environmental event. Bins allocated to the township by the county.were given out to other communities without the township's knowledge. T.M.T. has 14 bins with the township name on them and approximately 6 generic bins are held by the clerk. 13. PUBLIC WORKS - 1. Road restrictions go off April 28, 1999. 2. The engineer and the road contractor were congratulated for doing an excellent jOb on bringing Arcola Trail up to first rate condition. 14. COUNTY PLANNING ASSISTANCE - There appears to be some confusion about the Stillwater Town Board Meeting - 4/22/99 Page Three status of current planning assistance from the county. It was suggested that Wally Abrahamson's interpretation of the matter be requested. 15. GOVERNOR VENTURA'S APPOINTEE TO METRO COUNCIL - Mark Huginin will be asked to come to a town board meeting. 16. ADJOURNMENT - Meeting 'djourned at 10:45 p.m. Clerk Chairperson Approved . . . . MEETING NOTICE CHANGE OF MEETING DATE BROWNS CREEK WATERSHED DISTRICT NOTICE IS HEREBY GIVEN that the Browns Creek Watershed District has rescheduled a regular meeting of the Board of Managers. The Apnl 26, 1999 meeting has been rescheduled and WIll be held at 6:30 p.m. on Monday, May 3, 1999 at the offices ot:the Washington Soil and Water ConservatIon DIStrict, 1825 Curve Crest Boulevard, StIllwater, MInnesota. Dated this 13th day of April, 1999. Jon Michels, Secretary, Browns Creek Watershed DIStriCt. . . 6. 7. 8. 9 10 11 12. 13. 14 BROWN'S CREEK WATERSHED DISTRICT . 1825 Curve Crest Blvd. S.tillwater MN 55082 Tel: 651-430-8300 FAX: 651-430-6819 MAY 3,1999 Rescheduled meeting 1. Call to Order @ 6.30 PM 2. Agenda approval 3. Mmutes ofpnor meetmg, Apnll2, 1999 (Michels) 4. Treasurer's Report (Gordon) 5. Project Status Reviews a. Trout Stream re-routing (DNR) b. KIsmet Basin, neIghborhood mformatIon meetmg (E & 0) c. Metro Greenways, land acquisition & planning grant (MIchels) d. THPP EA W ReVIew and Response (E & 0) e. LegislatIve status ofMcKusick Lake dIversIon fimdmg (Kilberg) DISCUSSIon of Rules negotIation meetmgs With StIIIwater (LeIser) a. Proposed responses to first round subnnttaIs (E & 0) DIScussIon of joint coordinatIon meetmgs (Westerlund) Second GeneratIon Planning Process (Emmons) Plans and Plats for Review (Doneu..~) Proposed AdmmIstratIve contract for ReVIew (Koosman, SWCO) . CommUniCatIons Old Busmess New Busmess . Adjournment. Board Meetmgs are held on the 2nd and ~th Mondays at 630 pm, at 1825 Curve Crest Boulevard, StIllwater, MN l\'lanagers: Cr:lIg LeISer. Pres . Karen Kllberg. VP . Jon MIchels, See} . E J Gordon. Trea!> · Damel Poeter . " . . . . Minutes of Meeting Brown's Creek Watershed District March S, 1999 . Approved In Attendance: BCWD Board of Manaaers: Ned Gordon Dan Potter Karen Kilberg Others Louis Smith of Smith Parker, BCWD Legal Counsel Brett Emmons and Tony DeMars of Emmons & Olivier Resources Julie Westerlund. MNDNR Jerry Turnquist. City of Oak Park Heights Citizens: Rocky and Collie Hoffman. Brad Gustafson, Brian W. Lueck. William and Marlene Lueck. Chris Hause, Keith DeWolf. Mark and Tonya Weigel 1. Manager Kilberg called the meeting to order at 6:40 p.m. 2. Public Hearing of THPPIEAU Overview - Tony DeMars: · Presentation by Tony DeMars. · Questions from citizens: - What will happen if the project doesn't work? - Will the project restore the elevation to the OHW? - Was the culvert installed wrong? - If all goes well. how long will it take to lower the lake 1'? - What happens if the area receives a record rainfall? - Will there be special zoning around the infiltration area? - Is this a wetJand restoration project? The public hearing was officially closed at 7:15 p.m. The business meeting was called to order at 7:25 p.m. 3. Status of AUAR/Stillwater - Jon Michels: · Managers Michels and Leiser to provide the Board with a response to the City of Stillwater by April 12, 1999. Meeting with the City of Stillwater to be held April 19, 1999. 4. Water Governance Study Discussion: · Manager Michels to contact neighboring watershed districts. 5. Metro Greenwavs Plannina Grants: ~- · Discussion of issues, budget, and dollar allocations . 6. Status of THPP - Tony DeMars: · Stakes have been put in the ground to outline the project area. . Questions from Keith DeWolf: .. - Would like more concrete answers to his questions. - Would like a response in regard to his loss of legal use of the business operations. . Billy Leuck asked the Board to review comments regarding the accuracy of the Century Farms (EAW). 8. Contract for Enaineerina Services - Ned Gordon: . A motion to accept the agreement between the BCWD and E&O Resources was made by Manager Gordon and seconded by Manager Potter. The motion passed unanimously 4/0. 9. Metro Greenwavs Planing Grant - Jon Michels: . A motion to adopt the resolution in support of the Metro Greenways planing grant proposal for the Brown's Creek corridor management plan was made . by Manager Michels and seconded by Manager Gordon. The motion carried 4/0. 10. Adiournment to Executive Session: The Board adjourned to Executive Session in order to discuss eminent domain issues. 11. A motion to adjourn at 11 :08 was made by Manager Potter and seconded by Manager Gordon. Motion carried 4/0. Respectfully submitted by: Kim Reeves Recording Secretary . >--- . Minutes of Meeting Brown's Creek Watershed District March 22, 1999 .. Approved In Attendance: BCWD Board of Managers.. Craig Leiser Ned Gordon Jon Michels Dan Potter Others Charles Holtman of Smith Parker, BCWD Legal Counsel Brett Emmons, Tony DeMars, and Stuart Grubb of Emmons & Olivier Resources Mark Doneux, SWCD Jason Moeckel Julie Westerlund, and Molly Shodeen of MNDNR Jerry Turnquist, City of Oak Park Heights Citizens: David Truax, Citizen's Advisory Council, Marlene and William Lueck, Marcia DeWolf, Keith DeWolf, William Schwab of Penfield, Inc. Kim Reeves, Recording Secretary . Craig Leiser called the meeting to order at 6:40 p.m. Acceotance of 2/21/99 Agenda - Craig Leiser. . A motion to accept the minutes of the February 21, 1999 meeting ,as modified, was made by Manager Gordon and seconded by Manager Michels. The motion passed unanimously 4/0. Treasurers Reoort - Ned Gordon: . A motion to approve payment of invoices, as presented, was made by Manager Gordon and seconded by Manager Michels. The motion passed unanimously 4/0. . Balance of $48,000 remaining - discussion of priorities, as attached to various projects, until July 1, 1999 needs to be placed on the agenda for the next meeting. . Meeting with E&O Resources was held. Meetings to be held with Smith Parker, as well as the SWCD regarding upcoming billings. . General ledger and trial balance report has been produced by Manager Gordon. Copy to Mark Doneux for public distribution. . Brief discussion at the last meeting re: liability coverage. Manager Gordon to draft a resolution not to waive liability. 4. AUAR Mitigation - Jon Michels: 1. 2. 3. . . A motion to authorize legal counsel to draft a structural agreement to participate in the joint funding to be presented at the AUAR mitigation session, not to exceed $500, made by Manager Michels and seconded by Manager Potter. The motion passed 4/0. . Discussion of re-routing of the stream - Jason Moeckels: latest plan for the realignment of Brown's Creek. Project must go out to bid by earfy May, 1999. One or more of the BCWD Board Managers should attend the meeting and provide input from BCWD. The sewer line needs to be examined for preexisting conditions. Who will take on legal and management responsibility? Jon Michels to make sure it is on the table for discussion at the Friday morning meeting. Will the city of Stillwater take on long-term project management? 5. LandstwardshiD Dav - Craig Leiser. . All watershed districts are invited to join in the celebration May 1, 1999 9:00 a.m. - 3:00 p.m. . The event will be held at the Washington County fairgrounds. Formal invitations to be sent This event has BCWD Board endorsement. 6. 1999 Water Monitoring Plans - Mark Doneux: . As discussed at the last meeting - include existing activities and proposed activities. Focus on items that require financing or Board action: . Proposed draft budget for an entirely new monitoring station. Total of $49,000 of which Met Council would cover 37,000. No monies need to be . in hand by July 1, 1999. Standard contract from Met Council needs to be signed. . A motion to approve the financial commitment as outlined was made by Manager Michels and seconded by Manager Gordon. Due to any possible conflict of interest, Manager Gordon recuse's himself from the vote. The motion passes 3/0 (Kilberg absent, Gordon abstaining). . A motion to draft a resolution authorizing Mark Doneux to go forward with a grant application was made by Manager Michels and seconded by Manager Gordon. Motion passed 4/0. 7. Deve/cDment Plans For Review: Mark Doneux: . Senior Center - some excavation in the existing wetlands - consistent with the wetland conservation ad. One stipulation - the Army Corp of Engineers may require mitigation. . North Lake Community Church - specifics of infiltration - lookIng for final plans and specifications. 8. Review LCMR/rHPP - Tony DeMars: . . Issues: - Gas line right of way, an encroachment right of way may be necessary. . - Permitting requirements: if the basin creates hydric soil conditions - and the project reduced the area of that hydric system the Army Corp. of engineers could ask that It be mitigated. - . - - EAW comment period runs out on 3/26/99. · Bum pit area - would like to remove the ash and thin spread in some of the nearby farm fields. · Presentation by William Schwab of Penfield Inc. regarding how property is appraised for buying easements. .. .. · Marlene and William Lueck wish the record to show that they are not willing participants in this project. . Keith DeWolf asked for the Board's position on whether or not he could continue using the bum pit. Manager Leiser's answer was that Mr. DeWolf should manage his property as he sees fit as long as he has the proper permits. 9. Status ReDort on the Gteenways Prooosal - Tony DeMars: . Manager Michels motioned that resolution 2 be adopted, seconded by Manager Gordon. The motion passes unanimously 4/0. 10. Adioumment A motion to adjoum at 10:50 p.m. was made by Ned Gordon and seconded by Dan Potter. The motion passed unanimously 4/0. . Respectfully submitted by: . . Kim Reeves Recording Secretary fY~ Minutes from April 22 meeting re: Brown's Creek Watershed District Rules and . Stillwater Ordinances Present: Klayton Eckles, Steve Russel, Craig Leiser, Mark Ooneux, and Julie Westerlund {Minutes wntten by Julie Westerlund} This meeting was called as a result of the discussion at the Intergovernmental group meeting on April 19th The purpose of the meeting was to further discuss the Brown's Creek Watershed Distnct's (BCWD) proposed rules In relation to the City of Stillwater's eXisting ordinances. It was decided that the discussion needed to be more speCific and in a smaller group setting. Before discussing the rules/ordinances, two other Items were brought up. 1) Klayton presented the a stormwater management study which was recently completed by the City. This study outlines a potential plan for dealing with stormwater associated with the southwestern section of Stillwater {the Marketplace ~Cub Foods, etc.) shopping center and the surrounding area, Including 62" street}. Water from thiS area would eventually go to Long Lake Klayton will send copies of the study to the watershed district, DNR, and WSWCD. 2) Steve presented the good news that Stillwater's grant application the Metro Greenways land acquIsition program was approved, pending approval by the Commissioner of the DNR. Congratulations to everyone who collaborated on this grant! The money will help the City purchase a property in the annexation area near the stream. We also talked about the developer who will be working adjacent to the acqUired property: sounds like he may want to promote a natural resources theme in the development. . The discussion of ordinances started with a recap of what's happened so far: 1) The BCWD, through Its Technical Advisory Committee (TAC), formulated a set of proposed rules and sent them out for review on November 6, 1998. 2) The BCWD received comments on the rules from several parties, Including the City of Stillwater (December 21, 1998) and the DNR (December 22, 1998). 2) As of this meeting, The BCWD has not yet formally responded to any of the comments. However, BCWO board members have been meeting with representatives from some of the interested parties to have a dialogue about the rules. Although each City had representation on the T AC, some Cities, particularly Stillwater, were not ready to fully support the BCWO's rules. The view of Stillwater's City Council is that "...Iand use control should remain the . . responsibility of the City. In addition, the Council wishes to emphasize our desire to see the City's AUAR Mitigation Plan accepted and as an approved alternative to the management strategies discussed in the rules. II The BCWO has taken the positIon that the AUAR mItigation plan, in principle, could be an 'approved alternatIve' to the rules, but in its present state, the AUAR mitigation plan is only a planning tool and not an enforcement document. Therefore, the two parties have been discussing the relationship between the AUAR and the rules to further clarify everyone's position on the rules before the BCWD issues a formal response to the comments on the rules. . Mark pointed out that the BCWO needs to think very carefully about policy aspect of regulation. The board should deCIde what degree of regulatory authonty they choose to exercise within the watershed. The CIty may be able to take steps to reestablish some of that control, but the BCWO's final rules should be adopted before the board makes any deciSIons to give up regulatory authority to the City. 2) Recently (in the last few months?), the City of Stillwater has passed numerous ordinances which support the principles outlined in their AUAR mitigatIon plan (hereafter referred to as simply AUAR) It appears that many of the differences between the BCWD and the City are rooted in semantics. The City wants to maintain land use control via the AUAR and the BCWO rejects the AUAR itself as a regulatory document. However, the CIty is transforming tlJe regulatory status of the AUAR by passing ordinances which support the concepts put forth in the AUAR. These ordinances may very well serve as viable alternatives to the BCWO rules, as part of a regional stormater management plan. One possible source of frustration is that those outside the City were not aware that many of these ordinances have been passed or what they pertain to Craig has referenced two of them, but at the 4/19 intergovernmental meeting, it sounded like there may be more... Although the ordinances are available on the web and Steve distributed a couple of copies (I apologize, I still don't have one), it's such a cumbersome document and many of us have not had time to look it over. Although it's probably no easy task, a boiled-down version of the city's ordinances which focuses on water-related issues may be very helpful in determining the power of the City to protect Brown's Creek in lieu of the BCWO rules. 2) To date, there have been no changes in the BCWO's proposed rules based on anyone's comments. 2) Klayton indicated that the City of Stillwater is still very much interested in receiving a formal, written response to the comments. Klayton expressed the CIty'S frustration because they are unsure of the BCWO's position on the AUAR. Klayton feels that a written response to Stillwater's comments on the rules would be very helpful in clarifying the Board's position. Klayton also mentioned that he has received conflicting messages about some issues from the various board members. Craig concurred that it is impOSSIble for one board . member to commUnicate the position of the entire board without a formal . document which states that position, and that he cannot speak for the board, nor can he make decisions on their behalf 2) Craig said that he would instruct the BCWO's consulting englneenng firm to draft a response to the City'S comments before May 4, 1999. We began a specific discussion of Stillwater's comments to the rules. Craig suggested that as we compare a given proposed BCWO rule to the City's corresponding ordinance, if the regulatory numbers were within 10% of each other, the BCWD rule could be changed to match the City'S ordinance. Julie suggested that this approach may be useful as a 'negotiating tool', but may not be reasonable from a hydrologiC standpoint in some cases. {Mark's point about the board's policy on regulation applies here. The board should deCide what degree of regulatory authority they choose to exercise within the watershed, regardless of the degree of consistency between the BCWD rules and the CitYs ordinances} Klayton began by saYing that the rules are pretty good from the standpOint of the townships and that Stillwater IS happy with them for the most part With the exception of the stormwater ordinance. The rules refemng to erosion, lakeshore, and floodplains are good The rest of the day's discussion focused on proposed rule 2.0, Stormwater Management. {Many of the following can be found In Stillwater's comments to the rules; see Julie for a copy if you need one} With regard to: 2.1.1; the City feels that on-slte-Infiltration is a method rather than a purpose or policy. 2.2; section 2.8 should be renumbered 2.7, and there should be another letter (a) expliCitly stating that If you have another approved regional plan, the Criteria in (b )-(f) , currently (a)-(e), do not apply This would be particularly important for undeveloped lots In mostly developed areas with an approved stormwater mgmt plan. 2.3; possibly strike the last sentence, find a way to review plans concurrently, or provide Input earlier in the developer's planning process? The fear is of a scenario where the developer has a plan approved by the city only to have It shot down by the BCWD. Craig said he would rather see the plan review abdicated to the city and they can enforce on a timely baSIS. This would remove layers of government, which Craig, Klayton, and Steve all agreed would be a positive step. 2.4 (a); Klayton said It'S not really a big issue, but the return frequencies speCified (1.5, 10, 100) are not the standards in the engineenng world (5, 10, 100). He argued that 1.5 and 5 are just different pOints of companson, and that they meet the same goal, which is a system that does not change discharge from pre-development conditions. However, the T AC discussed thiS item for qUite some time and amved at the 1.5 frequency because it is the standard bankfull stream discharge. This IS the 'channel forming discharge', very important in stream ecology and fluvial geomorphology, and It occurs more often than the 5 year event. . . . . . 2.4 (e); relative to the appendIx, the it's unclear how the performance standard measured in ppb of P compares with the traditional standard of a percentage of P removal {NURP ponds remove a % of P based on pond size}. The type of criteria laid out in appendix 2.2 is difficult to figure out how to meet. Mark explained that the performance standards could be 'back-calculated' to figure out what percentage of P would be removed, and therefore, what pond size would be needed. The TAC felt strongly about including performance-based standards in the rules because it provides a better way of evaluating if the stream is actually being protected. 2.4 (d); the permItted bounce standards specified in appendix 2.3 are good guidelines but not good regulations. The 'permitted bounce' does not specify duration and frequency of bounce. Also, there may be cases where the bounce is not appropriate (Le you may want to let a wetland bounce more to save a resource downstream). This gets to the issue of prioritizing natural resources, whIch everyone agreed is important. At this point, we ran out of tIme, Klayton summarized that With regards to Stormwater Management and Shoreland Buffers, the City and the BCWD agree on the desired end result, but they sometimes disagree on the methods of getting that result. The five of us agreed to meet again on Tuesday, May 4th, 8:30 AM, Stillwater City Hall. From AMM To Nile Knesel AMM FAX NEWS April 26-30J 1999 (page 1 of 2) . Date 4f27/99 Time 7 53 3ll PM Page 2 of3 .. Allociation of · Metro po Iita n Municipalitiei New Met Council begins its work The recently appointed members of the Metropolitan Council offiCIally took office on Thursday Apnl22, 1999 The new Council Includes five memtJers who have been either a city councllmember or mayor and many who have had experrence working With local govemments At Its first meeting, Met Council Chair Ted Mondale outlined hiS VISion for the Councr! Mr Moncale urged the members to View them- selves as regionalists and to work with and attempt to direct local govemments Being aware of the chair's VISion and the potential Impact of Its poliCies upon Cities, you are encouraged to contact your Met Council member You may want to Invite the member(s) to a City counCil meeting to diSCUSS how the council and City could exchange communications and diSCUSS poliCies AMM Ffl% News IS faxed pen.odlca.lly to all AMM aty mano.gers and at1nunlSlraiors The In/ormanon IS In- tended to be shared wIth mayors, cOllncUmembers and staff In order to keep offiCIals abreast 0/ Important metro CIty ISSUes @Copyngllt 1999 AMM 145 Umverszty Avenue West St Paul, MN 55103-2044 Phone (651) 215-4000 Ffl% (651) :81-1299 E-maIl amm@ammUS orB House and Senate TIF financing bills differ The House and the Senate Ommbus Tax bills contain dlffenng articles relating to economic development and Ta>c' Increment FinanCing (TIF) The House bill (HF 2420) was formally Introduced on Apnl 26, while the Se'1ate bill Will not be formally Introduced until later tnls week The Senate TIF article was heard In the Local Government Tax dMslon April 26 The follOWing analYSIS compares the House TIF section With the Senate section as passed by the Property Tax diVISIon HOUSing District-Local Match House The local match for hOUSing dIstricts for which the request for certification IS made after June 30, 1999 IS changed from 10 percent to 5 percent Senate Qualified hOUSing dlStncts are defined to Include a hoUSing develooment In which at least 50 percent of the hOUSing IS receIVIng assistance from dlstnct revenues, and In the case of rental hOUSing the hOUSing IS affordable to persons and famllres having Incomes at or below 50 percent of the median Income For owner-occupied hOUSing the maximum Income threshold IS 80 percent The prOVISion IS effective for districts that requested certification on or after Sept 2, 1998 General Government Use Prohibited House Tne sectIon IS effective for new and existing dlstncts The section does not affect expenditures that were made or committed by binding contract before July 1, 1999 The amendment would prohibit the TlF Bills' See Page 2Æ . . FrOM AM~ To Nile Knasel April 26-30, 1999 Oate 4/27/99 Time 753 3e PM . AMM Fax News . Page 3 o' 3 Page 2 of 2 . TIF Billsl House bill features 8 special laws; Senate 17 Continued #Tom Page 1 . expenditure of TIF for a commons area used as a public park or a facIlity used for social recreational or conference purposes after July 1, 1999 TI F may also not oe I.Ised for expendll:ures outside the dlstnct for public Improvements, equipment or other Items If the expenditures serve pnmarlly as a decorative or aesthetic pwrpose or serve a functional purpose, but their cost IS Increased by 100 percent as a result of the deSign, selection of matenals or type as compared With more commonly used deSigns, matenals or types for Similar Improvements, equipment or lI:ems Senate Dlstncts certified or ex- panded (geographiC area) after July 1, 1999 are prohibited to expend TIF for a public park or SOCial and recreational faCIlities Pooling for Deficits House Munlclpallbes are permitted to transfer Increment from one dlstnct to another to eliminate defiCits caused by changes In the property tax class rates authOrized by the 1997 and 1998 Tax bills The municipality may transfer Increments between dlstncts even If different development authOrities established them The pooling permit. ted under the bill applies notwithstand- Ing the ooollng limits of other law An addll:lonal $1 0 million IS appropnated to the TIF grant program which IS also ~ndedtotheyear2002 Se'1ate The Senate bill IS Similar to the House but contains an acdltlonaJ . stat..ltory reference and cefires preeXIsting obligations to Include refunding bonds and expenditures made before Jl.lne 2,1997 1979 to 1982 Pooling Rules House The use of Increment to pay for actIVIties outside dlstncts estab- lished between 1979 and ~ 982 IS ratified The bill also defines preexisting In-district and outslde-dIStnct obliga- tions to be contractual obligatiOns by May 1,1999 and bonds ISSUed by Apnl 1,1999 Senate Peoled expenditures are also ratified but the date for Issuance of bonos IS May 1, 1999 and for binding contracts IS Sept 30, 1999 The dates only refer to expenditures outSide the dlstnct The dlstnct IS not reqUired to be decertified after the preeXIsting expenditures are paid Enforcement Ho!..se If the county attomey does not take action on a non-compllance Issue Within 12 months the matter IS referred to the Minnesota Department of Revenue for resolution The Com- mlSSlorer of Revenue can suspend the ability of the authonty or municipality to establish TIF dIStricts for up to five years Senate There IS no Similar proVI- sion Wage Goals House No proviSion Senate The local rr.atch recUlrement or aid penalty can be reduced oy 50 percent If a district has resulted In an Increase In Jobs that pay at least 125 percent of t,",e federal poverty wage The Job Increase must be certified by the CommiSSioner of Trade and EconomiC Development (DTED) and IS effective for the years follOWing the certification To qUalify, at least 40 Jobs must be created In districts located In the metro area In Greater Minnesota, the minimum number of Jobs IS 10 In a City of less than 5,000 population and 20 for larger cIties Special Laws House There are eight speCIal law TIF provtSlonS Metro cIties Included are Fridley, Chanhassen and St Paul Senate There 17 special low prOVISIOns All but one relates to TIF The City of Woodbury IS authonzed to IEWY a propellV tax for a hlghwav Interchange Of the 15 TIF bills, SIX are for metro cll:les (51 Paul, Fridley, Inver Grove Heights, Columbia Heights Brooklyn Center and the airport Impact area) The area Includes RIChfield, Minneapolis, Eagan and Bloomington Effective Date Change House No prowlIon IS Included Senate The effectIVe date for the 1998 amendmentto the TIF law regardIng green acres IS changed from Apn130, 1998 to August 1, 1996 AMM to celebrate its 25th Anniversary at the May Annual Meeting Mark your calendars -- the AM M Will celebrate ItS 25th Anniversary at the Annual Meeting on Thursday, May 20, 1999 at the Maplewood Community Center A SOCial hour Mil begin the e~nln&l at 5 30 pm, With dinner at 6 30 P m and the bUSiness meeting at730pm Former AMM Executive Director Vem Peterson and AMM's first presI- dent Elliott PerOVIch Will share some stones of the early days and the Lynn Deichert MUSIC ensemble Will provIde some DIXieland entertainment All AM M members are InVIted and past presidents are also encouraged to attend The cost to attend Will be $30 InVItations and agendas will be mailed out later thiS week. Everyone Will be asked to make a reservation by calling the AMM no later than Fnday. May 14 Stay tuned for more detallsl . APR-28-1999 16'12 CITY OF OPH p.l2l2/0a MtIENDED CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 27, 1999 CIlY COUNCIL FOLLOW-UP AGENDA 7:00 P.M. AGENDA . 7.00 p.m I. .. Call to order I Auoroval of ~encla Appoud NSP Meeting Repre.entative as Item B. of New BusiDess 7:05 p.m. II. Il~artmentlCOUD(lil T ;.icon Revorts A. Plazming Commission UpCcmUn8 meetiDlif on May 20 B. Pal'b Commissiou Swqer Park T ~e Plantin~ on May 22 at 9:00 a.m., Sp~ Parle Wal1t-~L. on May 10 at 6:00 p.m. Upcoming meeting May 17 .t 6:30 p.m. C. Cable Commission puI,lic HcariD. held. April 21. Open for puhlic: commfl!1t until May 19. D. Water ManageD1ent Organizationll 1. BroYID's Creek Watershed Disttict Meeting 'Wu canoell.d. Not:Ling to report. 2. Midclle St. Croix Water Management Organization . Upcomiq meeting on May 12 E. Othcr 58th Sb:eet Request for Payment approved. 7:30 p.m. III. Visltorslpul,lic Comment A. Doug Johnson, Washington County Attomey Introduction. DODDil Gray, 14812 58th Street North B. Recydmg Aware! (1) Hemy Gullicduon, 5535 Oaltgreen pl.ce North Thu 18 aD opporlumty Eo: th. pubu" to ~.. the CouncJ lV1th li\lemo1J8 01" Iloncenu on iuuea not part of the n:guk agenda (PI.a.c but COmD1entl to 3 mmute. JJl I.ngth ) . APR-28-1999 16:13 CITY OF OPH P.03/04 . 7:50 p.m IV. Consent Atencli (Roll call Vote) A. Approve Billa & Invcstments B. Approve City Council Minutes - April 13, 1999 (2) C. Approve Board. of Review Meeting minutes -April 6, 1999 (3) D. Approve Central St. Croix Valley Joint Cable Communication CommiJtion Jomt and Cooperative Agreement (4) E. Acceptan<:e of Draft Comprehensive 8wWy Sewer Plan (5) F. Appmval of Tree Pla.uting Bid. (6) Item D puJlecl. All other item.. approvecl 5 - o. Item D cLmtiecl. Approved 5 - O. MJio He~B 1:55 p.m. V. None 7:55 p.m. VI. New Busin-. A. Approve Re.olution 99-04-22, A Resolution Approvmg Certain Fees and Standards u: they Relate to the City of oak Park HeifhtJ and Wam Meters (7) Appovecl" . o. Tumqui.t ab.ent for vote. B. Appoint NSP Meeting Reptelentative. MarL: Sw.m'OD appointed. . 8:05 p.Jn. VII. Old Businel. A. Approval of VSSA General pliUl of Development pl1ue I, Boutwell', l..mclmg (8) (9) .Approval of trail plan carried 3 - 1 - 1. Turnqui.t opposmg, B,-me aL.tamm.. Approval of trail pl.u subject to Einal..alk th~oufh and approval Ly City CoUDOil prior to paving trail,. Approval of VSSA Genei'd piau of Development Ph.a.e I, Boutwell'. Lauclinf aarried 3 - 1 - 1. Beauclet oppo,iDg, B)"l'Dc aLnamm,. B. Paries Commi.lion retommenc1.tioD for 5811a Street Trail (10) C. Stillwater InVeltment Corporation Staff directed. to ~ witL. 1*e Elmo to re.olve tlu. i..ue. D Ryder T Dl2sportation Conditional U Ie PeImit Approval with Planning Commission recommendations (11) TalJed to Ma125 CO\UJcil Meeting. E. Stillwater Area Hig1 School Ropes Ccnme condiuoual Use Permit Approval W1th Plamung Comnussion recommendations (12) Resolution &mended to include clay. of operation to follow .cl1oo1 caluular carriecl3 - 2. Byrne and. Swenson opposed.. F BlUger Kwg PUD/Conditioual Use Permit Amendment and Variance . ~PR-28-1999 16.13 CITY OF OFH P.12l4/124 request-approvaI of pJ..T1T11T1g Commission %e<lommendations (13) Approved. with p~ Commission recommendations. Carned . 5 - o. G. Seeure MiDi Storage PUD/Condibonal Use Permit approval with Plamrln~ Commission recommendations (14) Approved. with PIfUU1in1f CoDmlil.io11 rKommendaticJlS. Carried 5 - O. H. HSI ConditlonJ Use Permit approval with Planning CommlSS1on rCClOmmendations (15) Approved. with Planning Commission rccommendatioDs. Carried 5. O. I Approval of Comprehensive pdt. and Trail System plan WJtb park Commission rec:ommendaboDS (16) Approved 5 - o. ]. Set.. puhhc: hearing for May 20, 1999 for a 120 day Development Moratorium (17) APPJ'O"d. JJ1Oratorium plac:ecl 011 Central BUline.1 District until JUDe 30, 1999. Caniecl3 - 2. Swenson and. Turnquist oppolecl. K. Set. public hearing for May 20, 1999 Planmng COmuuSSlO11 to eonsicler re2:ODin&J land to Central Business Dlstrlct zoning No action taltcm. L. Set a public l.~s for May 20,1999 to amend Ordinance 205 regarding Pub Commil,iOD puL& Hearin~ set forMaT 11,1999 City Council meoting. . Carried. M. Approval of Advillory Comtni.lrion BykWII (18) T &bled until OrAi"auce 205 iI amended. Carried. 10: 15 p.m. VIII. Adioummem S0C7G1 ~atJ,4I'fn, tit A,pl.J-.. to 10110111 . TOTAL F.12l4 . . . TO: Lower St. Croix Planning Task Force; Local Governments; Interagency Contact; other Interested People FROM: Randy Thoreson, Coordinator Buck Malick, Chair Paul Roelantlt, Management Assistant, St. Croix NPS DATE: April 23, 1999 :MEETING FOR ST. CROIX WATERSHED STEWARDSHIP INITIATIVE AND SUCCESSFUL CANNON RIVER PARTNERSHIP PROGRAM Please make note of the next PIanninS! Task Force Meetins! set for Tuesdav Mav 4. 1999 at the Phioos Center in Hudson. Wisconsin from 7:00 O.DI. to 9:30 o.m. Slated for the eveninS! are two tooics. First. we will be 2ivinS! an uodate and oroeress reoort on the St. Croix- Watershed Stewardshio Initiative (a oroiect oickinS! uo on the draft Lower St.Croix Coooerative ManaS!ement Plan). Second. Allene Moesler. Executive Director of the Cannon River Partnershio. Ms. Moesler will talk about their success. Local watershed stewardshio and teamwork can accomolish worthwhile oroiects. For those of you who have not been involved in recent Task Force meetings, the May 4th discussion will give you a good opportunity to provide input on important St. Croix Watershed activities. These include the formulation of a St. Croix Watershed Stewardship Initiative Guidebook, Watershed Website, Watershed "Expo" (planned for September 18) and a Directory of Watershed "Resources," including current studies, contacts, funding sources, etc. Workgroups organized at Task Force meetings over the last several months will be giving update reports. The talk by Ms. Moesler will be both supportIve to these efforts. We look forward to seeinS! yOU at the Mav 4. 1999 meetinS!. If you have any questions, please feel free to call Randy Thoreson at (651) 439-7122 or emall randy_thoreson@nps.gov ... - - ~. 'Ii -d1 ft^ AsJnIGrOI COUIII'_.t ION YElls or PIOGIIaS 8' SBYIU- 1 2. 3. 900 9'00 4. 9:10 5. 9: 15 6. 9:25 7. 10:00 8. 9. 10. 10:20 WASHINGTON COUNTY DennI8 C. Hegberg DImiat 1 BIlI'ullaUeIc DImiat 2 W.1Iy AII......-. DIatrlct 3/Che.. Myre Peterson D_4 Dlelc Stllffard DImiat 5 COUNTY BOARD AGENDA APRIL 27, 1999, 9:00 A.M. Roll Call . Consent Calendar .. Accounting Department - I. Devine, Controller 1999 Resource RecovCI}' Project Bond Refinancing Transportation and Physical Development - D. WJSDiewski, Director Erosion Concems Along CSAH 7 Near Square Lake Public Health and Enw-onment - M. McGlothlin, Director Increased State Funding to Support Local Public Health Activities General Administration - I. Schug, County Administrator - ~ A. - Appointment of County Commissioners to the Minnesota Municipal Board for a ~a1 on a Boundmy AdjustmeDt for Forest LakeIForest Lake Town B. South Washington Watershed District Appointment and Reappointments C. Legislative Update - -- . ""': ....... Discussion from the Audience . Y"LlJlDl7l1111)'''''lhcr CD_ WIIh ih. ~ BocrrrJ ofe.. . 'r--, fill tIIIY rial not on Ih. Qpndtz. TIr. Cluzir will tbTWd th. CormIy ~r 10 prwptlI'Wre:lJ1OI'#8lo ytnII"CD-' Tau _ent:t1II7'tZPtl noIlo be ~ OfprtM0U8 ~ antllo lmul your tIJf!dra8 loft". rrrinIIIa. Commiqioner RepOrts - COJll!llents - QuestiODS . TlrJ6 periDtl oftnu .,,111 be __ by lbe ~OMn 10 report 10 lhefiJl BocrrrJ on COIIfIrIJI_ tlCIJvrIic. 1IItl1oz t:tImmf11f18 on JIUZII-f InWcIlllUl ;,gonruzllon. or -lJIIGIitRu 10 the 6Itljf. 77u __ Is. UIliIIrJMlIo,..u, In ~ board tldion tlunng IhJ611m&. Any III:IiIm net:aMlI'Y ___ of tIbca:aon wr/1 be __.,ft! for.jUJure botznJ lIIu1U1g Board Correspondence Adjourn ************************************************************* Date Apri126 Apri127 Apri!27 Apri!28 Apri!28 Apri!29 Apri!29 MEETING NOTICES Committee nme Location Library Board Annual Foster Parent Recognition Event Planning Advisory Commission Mosquito Control Commi~on Reg. Solid Waste Maaagc:mcnt Coord. Board Resource Recovery Project Board Red Rock Corridor 6.30 p.m 6:00 p.m. 7:00 p.m. 9:00 a.m. 10'30 a.m. 8:30 a.m. 3:30 p.m. 1010 Heron Avenue North - Oakdale Tartan Park - Lake Elmo Washington Coun1;y Govemment Center 2099 Uuiversity Avenue West - St Paul . 2099 Uuiversity Avenue West - St Paul Washington County Govemmcnt Center Cottage Grove City Hall - Cottage Grove .AaIdw ~ delfiu... _u.bIe for _.. tile CIwntv IloMd Room If P!'! need _t_ due to d1Ubll~ Of' llingu!fe "-.JI/e~ u/I ~6QOQ f7DD 43So:J23Jll EuUAL EMPLOYMENT OPPORTUNITy I AFF(RMA TIVE ACTION EMPLOYeR l,"'- " WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR =Ie . APRIL 27,1999 The following items are presented for Board approvaYadoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the April 13, 1999 Board Meeting minutes. B. Approval to appoint Doreen Feist, WoodbUIy, to the Public Health Advisory Committee to a first term expiring December 31, 2000. C. Approval to appoint Commissioner Dennis Hegberg and Deputy Director of Transportation and Physical Development Doug Fischer to represent Washington COlDlty in the Hardwood Creek mediation process. - ~ . D. Approval to appoint Commissioner Di~ Stafford to the Metropolitan Radio Board. E. Approval to appoint Cnmmi~oners Pulkrabek and Hegberg to represent Washington COlDlty in discussions concerning the Forest Lake Library. , - Assessment, Taxpayer Serviccs and Elections F. Approval of abatement applications for value, penalty and interest, homestead and special assessments. J""" .. CYty Services G. Approval of the new Workforce Invcstment Act Transition Funds Plan between the Minnesota Department of Economic Security and the CQT11I11UIlity Services Departmcn World'orce Center Division to a'ssistwith transition from JTP A to WIA beginning Apri 1, 1999 through Dcc.ember 31, 2000. . u. - :. H. Approval of the School-to- W ark Partnership contract amendment for Year IT between the Minnesota Department of Children, Familics & Learning and the Community Service's Workforce Center Division through March 31, 2000. B:uman Resources - I. Approval for a.9 FTE Special Project Law Clerk in the County Attorney's Office through December 31, 1999. ?ublic Health & Environment J. Approval of four Licenses to Use Real Property with municipalitics in Washington COlDlty for collection ofhouschold hazardous waste. rransportation and Physical Development K. Approval ofrcsolution allowing advance funding for State Aid Regular Construction fimd in 1999 for State Aid projccts up to a maximum of $1,31 0,000. L. Approval of resolution to enter into a Joint POWCIS agreement with the State to provide a Tnmk Highway 36 Corridor Study. *CoDSellt Calendar rtcms are generally dcfined as Items of roatmc b11SlJ1CS1, not rcqumng dISCUSSion, and lIppI'OVed m onc vote COD1lD1SSlonCl'S fIIY clect to pull a CODSellt Calendar rtem(s) for dISCUSSIon and/or 8CpI11'Iltc action. v ~ CMnI'II 11. \D IS) (S) /") I/') IS) N .... l'a I\' ::.c z ~ V\ .~ ~ c:r ~ I ~ .... I l . I ffi,: ~ (J'l,: _~ 'III ~ ~ ~, 11. <I (I) ::J ~ 000 1380 "(Olll'll Life Lake ElmO Bal\k 60000 eoD.DO 1384 ValI8y TRJpby leU Elmo BanIl 2300 62300 1385 sa "''Y'S E"', ChildhOOd l.aU EIlIlo Bank 5D.DO 67300 P8Sl' . Knights of Columbus Charitable Gambling General Ledger As of December 31, ..- Num N.... "'11\0 S,I' Amount S...nc:.e .----- 1. FatMr SO!aJlus Guild .... Elmo e.. \00 00 77300 139' St. MlChMla l...8b Elmo 81nk 80000 1.573 00 1388 FlmU, lie ConIM.nce lAke Elmo Blink 150 DO 1.723.00 '397 St. CIOIIC C.1Idc Scbaol \.11te EhO Bent '0000 I,8U 00 1S11 Pro-UII MllInnolB l_ Elmo_k 100.00 1.923 00 1. Vount ute ... ElmO B8nk 60000 2.523 00 1404 ~ MUl8WllofMN ....... Elmo B.a1l SO.DO 2.&7).00 140& ...~ FOUIldaUoft Leke ElmO Blnt!. 50.00 2.623 00 1. ~Qy ....l,01'Ica_. uk8EbnOBank 50.00 2&7100 14CJJ O1I,-..........n MsOG LID ElmO.... \50 00 2.823.00 ,401 .. ...... ..... SIlO 1I8R'k 60.00 2..300 1414 fl'eIIftlU f'or ---.. ~ EIm08IInk 310.00 3. ,.- '''"' Un.... CllUnCIIt/IItOC... .... DID.... 100,00 3.aS.00 1411 v....m' 8GhOOI p* .. LIIke SInO ... 75.00 3,3IL00 14\1 Valli CtMk lAM BmO Ban" uea.oo 1aD AInIdCM' C8mlIr SOCIItJ ..... EIlIlO.... 176.00 3.50 GO ,.23 &t. .-- 1..IQ E1IIO Bank _.00 4,00.00 14Z8 An8fCIII C8nGlW SocIe\Y \Me E1IIlO .... 1.300.UO 5.343 00 ,.as scMOt DIIIdd 834 HooP StlOOt l.II1ce BmO ItIInk 115.00 5.&11.00 1441 OIMI MGOonI lJM ...8_ 450 00 &.-.00 1_ KC S\IPI8IM CounGII F. TlIrOW PI .. .... EIMD 881'1" &0.00 a.028.00 144& KC a...-- eouncI ,... ThrOW P ,.. ....... Ba'* 7S00 1.'03.00 1457 Sam Bpi" LIU ElmO ad 7600 II. 178.00 14&8 sa. ...... ,... SIC L.IH eMO 1_ 10000 8.21100 ,. St. ...,. MInSM l8he EbO.... 100 00 6.)11110 U80 &t. ,...... ... EImD "... 100.00 '.4'e.to 1461 St. MaI18 LaIlaEIIIIO Banll 100 00 1,578.00 14&2 St. Ctl.... ...... _ laM 100 aD ',178.00 ,.., St. Jude. like E1mD.... 100.00 1.178.00 ,. sa, F.... .... anoBIftk 100.00 1.11100 1. Gullfllln AngelS a._ell l" ElmO BanIt 10000 "'7800 1468 S\. MIGb8- .... ElmO Bank 50000 1.411.00 148D st. QObl Vw.'ttJ'I R811g10llS. . LIb ElmO Ink 500.00 7.97800 14&1 It. CmbC cathOlic ScbOOl Uke E.ImO Blink 50000 ....78 DO 1. St. ..... tflIIr\CMe R8l \lb ElrPO"- 10000 1.57800 1413 QuIl1Nl' F.... lib EIn'IO B_ 89.13 8,667.13 ..... 1.661.13 C ~ B.::; . . - ---- contributions CheCk 2141Q8 CheCk 211198 Chedr 2ItH98 Type Dabt Chedt WI8 CheCk 3l31li ChICk 318198 CbtCk wee Chedc ft9lI clUM* 4n3I9B CMcIl. 411_ eM_ 411_ (ibtck "',,,. CMck 41'. C.... 411. C1*'k 1511- ebM* &M1.' QlICk 511118. Qat- .,... Ch._ 513D18' CblCk l1l8I'88 CheCk 7". ChKk ~1.' CMck 1M4I11 CMc* tI23I98 CbeCk 8I2JIII8 ChICk 11J1MI ChICk '119t98 ChIdl 111M8 ChICk 11.. ~ 11ftWSI Clalek 11t8t81 CbICk 1119198 CheCk 1,_ Ch_ 11l1li88 Chick "I8I1II CtI.- 11J14181 CheCk 11114191 ChICk 121141. elIellk 12114198 Tc\t.t COIlIfbd'ID. KnIghts of ColumbUS Charitable Gambling 4- .I'? ~ General Ledger r' ;?e:r- As of oecember 31, 1998 . . knights of Columbus Charitable Gambling ..ill (, ~ ~ M 141Z1I1. General Ledger IS) D.. ~ As uf Marcil 31, 1891 -I II: Q.. I- Type DIlle Num Name ""'0 Spilt Amount Balanee CJ -------- - I- U) T....... Cllaet Pr'" 000 lSl I!;l Toll. Trelsure Cheal Prizes 000 M II) ,........ ChesI 'neame . 0IIw 0.00 reo TollIl Trees.... Chest Income. Other 0.00 .... l2 Toll' Treuu18 Chelt Income 000 T....ur. ell_ Tlcll_ 000 TOll' T..e...re CblS'! Tlckete 000 Accounting Se."Ic.. 000 1'0181 Accoulllng Sa"" 000 AdvltltIelllg 000 Checll 2/8118 1500 Sun ~. Lne Elmo .... 3380 3360 Check 3/5/" 1502 Sun~ Lelll Elmo Bank SUO eno Total AdV8r1111llJ 1720 67.20 ~/}\ ConbtbUUOrw 000 Check 1m_ '4. SpfrIt of Cblfatien Youth Lake EImD BMk 10000 100 00 Checll 1111189 Volll Ctlec* LeIce EImD 88nk 10000 ~A Cllecll 1111118 1491 SPIllIII 0tJmpIea t.b En Bank 100 00 200 00 Ch8dc 11111811 1- FdIllClI" v.... Llu En BuIll 100.00 3ClO 00 C.... "",. 1- St. ..... ChlRh Llu Elmo SInk 10000 400 00 I Chect WIt8l 1488 Plmlel For Semlnlrlans Lne Elmo.... 100.00 500 00 ~ Chect 2l81li8 ,..07 Jim CIIII1pbeI SctI....,. .. lilt, Elmo ..nil 100 00 80000 CIleGt ,ZI_ 14. 8Iul:fent Lll8n Fund like Elmo 8enk 100.00 7OD.DO ~ Check 2I8IIIt 14. 8L erall C.'"olle School UIffe Elmo BIIIk SOOD 750.00 " CIleck 31228 1505 Bar ScoutTMO, 121 l.llke Elmo -.k UIOOO ~ ToIlI CDntrlbullDna 85000 D1aflllulrn fa (I%) ChecIt 1/5199 1484 Triple Cnlwn Gemlng L8ke Elmo Bank 10378 103.78 lD Check 315199 1501 TripJe Crown GamIng l.ake Elmo Btnk 7843 182 21 'O:f ChICk 31241911 1506 T_ Cnlwn GImIng ...... Elmo BUIll 10B 15 289 OS 'O:f .... TotBJ Dlatllbutors Tax (2"1 289.06 289 0& lR EquIpJunt 000 (J'l Che,* 1/111199 1494 Triple Crown Gemtng LIke Emo SlInk 8500 115 00 .-t ----- I Total Equlpmen. 8500 115 00 ~ I F...1brow &pen.. 0.00 ~ 0.. (I Page -..- .... PPR 30 '99 B2 21PM LEAGUE OF MN CITIES FRIDAyFAX . APRIL 30, 1999-PAGE2 P 2 . "I had hoped that this session that the local governments-school dIstrictS, counties, citIes- could be partners-part- ners with the legislators and governor for that matter in looking at prop- erty tax rellef,loolang at focal government aid structures instead 01 con- tinuing a very, very frustrat- ing level of conflict with one another. lC "And I hope that as we go forward, whether its talking about Iimiteo market value or whether its talking about reverse referendum or levy limits, both of which J do not support, that we realize and recognize that the very same people that erected the representatives from Bloomington or the representatives from Moor- head or the representa- tIVes from Minneapolis also elected their city council members." lIfhey didn't suddenly get stupid when they were voting on the city council ballot and then suddenly get wise when they voted 10r you." The Larson amendment ultimately failed on a 57 to 71 vote. . Rep Tom Osthoff (OFL-St. Paul) offered an amendment to prohibIt local units of govern- ment from engaging a lobbyist with revenues derived from taxes. Associations such as the League of Minnesota Cities were not prohibited under the amendment. The Speaker ruled the amended out of order because it was not a tax- related Item. The final amendment that affected local units of govern- ment was a proposal offered by Rep. Ted Winter (OFL-Fulda) that would have removed the reverse referendum provision included in the bill. After a lengthy debate. the amendment failed on a 61 to 68 vote. How- ever, unUke many of the other amendments that failed earlier in the debate, the vote for the repeal included 12 Republicans and 49 Democrats After completing work in the amendments, the bill was approved on a 95 to 35 vote. The bill has been sent to the Senate where they are now in the process of completing floor work on their tax biD. The Senate omnibus tax bIll was substanttally modified shOrtly before committee action on Thursday. Senate leadership stripped out almost all minor tax provisions and rolled the sav- ings Into increased income tax cuts We Will fully summanze the final Senate bill I rJt next week's Cities Bulletin. We expect a conference commIttee to be appointed sometime early next week-less than two weeks before the scheduled adjournment for the Legislature. Minnesota Association of Local Housing Finance Agencies Spring 1999 Meeting May ~Ioomington The Minnesota Association of Local Housing Finance AgenCIes (MALHFA) WIll hold its 1999 Spring Lun- cheon Meeting next Thur. day, May S, at Noon at the Holiday Inn 'nternational, Bloomington. The luncheon program features a presen- tation by Warren Hansen, preSIdent of the Greater Minnesota HOUSing Fund, and Tom Fulton, president of the Family HOUSing Fund. The cost of the lunch and program IS $25 for MALHFA members; 535 for non- members. Call (651) 635- 0306 to make reservations. For 1110" u./0I"IIIfIbtm 0" eit1 ,."... w"." ctIIIliII:l "", ..mIMr of"" LMgII' 01 MilfMJOIG c.. llllterpH~ ReltIIitm, team. (651) :181.1200 0' (800) 925.lIl2 APR 321 '99 02 20PM LEI=IG:.JE OF MI'I CITIES FRIDAyFAX A weekly legislative update from the League of Mmnesota Cities LMC l-,- .; MJ.. If C'&. a. ,..,~...,.". P.i ~~ --; 'WID'" ~ ~ ~ Number 17. AptiI30.1999 House completes tax bill; Senate nearly done After 21 amendments and nearly eIght hours of floor debate, the House of Repre- sentatives completed work on their omnibus tax bill. Although few of the amendments were added to the bill, several would have had significant impact on local Units of government. Rep. AI Juhnke (DFL- Willmar) offered an amendment that would have repealed the sales tax on local government purchases. Even though most of the DFLers voted agalOst the same amendment last year because It created an $80 million hole In the budget, their votes turned green this year. The Republican green votes of last year tumed red this year because it created an $80 million hole In their budget. The amendment ultimately failed on a 61 to 67 vote. Rep. Bob Milbert (DFL- South St. Paul) offered an amendment that would have established a more stringent limited market value system. Under the bill's original Ian- guage, assessor's annual market value increases could not ex~eed 7 percent, unless the limited value fell behind the assessor's estimate by more than 53 percent The onglnal bill proViSion would have only applied to those classes of property currently covered by limited marketvalue-residen- tial homesteads and non- homesteads, agricuftural home- steads or non-homesteads and cabins. The Milbert amendment would have applied a value increase limit based on the lesser of the consumer pnce index or 5 percent. In addItIon, the limit would have applied to all classes of property. The Milbert amendment failed on a 46 to 81 vote. Rep. Dan Larson (DFL- Bloomington) offered a 2g..page amendment to freeze property taxes for one year. During the debate on the freeze amend- ment, Rep, Osskopp managed to simultaneously support our position opposing a state freeze on local tax authority and offend some local government offiCials: ""Representative Larson you asked the question, your voters in your district said in face of all these tax cuts how come our prop- erty taxes keep going up? Vt)u know, one of the rea- sons they voted for Gov. Ventura IS because he will tell It to them straight." "What you need to do IS not come up with all kinds of systems here In St. Paul to address the problem, what you need to Is JUst be honest with your taxpayers and say your city govern- ment, your county govern- ment and school boards spend like drunken saUors. That's why your property taxes are going up. If you want your property taxes to go down, throw the bums out of the city, throw the bums out in the county, throw the bums out in the school board and your taxes go down. We trIed It in Wabasha County and it worked." . Later during the debate, Rep. Rest responded to a number of anti-local government comments: l'I'm becoming increasingly dismayed by the attacks that are made on local governments In the course of thIS legislative session and not jus1 in the discus- sion ofthis bill." . For 1M,. ;"j"onntItitJ8 D8 eiJy te,.,ItIIiH LlJIUS, elllllilet .JlMmier of 1M Lag". 01 MinMIOUl Cilia lrtlupH17UMnIIIl R.ltltiolU .... ,,,,n 'ZR1.72M 'I' (RMl 9"."'2 J " . . FYI Apnl 27, 1999 Mayor and CouncIl Members CIty of StIllwater 216 North Fourth Street StIllwater, lMN 55082 Dear Mayor and CouncIl Members: It IS our understanding that a bIll is pending at the State LegIslature for two additional liquor licenses for the Stillwater Industrial Park area. If thIs bIll should pass, Famous Dave's IS interested m obtaining a liquor license for Its 14200 60th Street N. location. Please notIfy us as to the outcome of thIs bill. Thank you, a~ Annette Johnson ~~ / License Admmistrator "1997 BOT COICEPT!" "BEST BBQ JOm II m TWlI CITIES" "BEST BBQ BIBS" Nations Restaurant News MpIS1St Paul magazme Minnesota Monthly Reader Poll FAMOUS DAVE'S OF AMERICA, INc. "9 (7" L(-/.300 ~?<-r-/~ <.o~ 1BISI L IJ 1. r 1___..-13-.._ 89. IIrA..I.HI ~S4~1' (612) :J"IIl1111. FAX (612) !I. r V - 'f (.;, S I( A ,^c.\...<~'r U. ~ ~ ..,. Eel e r'\ P rGt.', 1'i e. I ,-n'IV .:s;.s ~ 'f Y - " WASHINGTON COUNTY I ~ De_ c. Hegberg DIma 1 Bill Pulkrabek DIma 2 Wally Ab...........,n DImm 3/C.... MYJ'II Pelenon D_4 DICk Shlfford D_S ISO'" 4sa:.OIl court11_.t Yraa or PIomss 8' SSYJUo COUNTY BOARD AGENDA MAY 4, 1999, 4:30 P.M. 1 2 3 4 5 6 7 8 9. 10 430 430 450 500 520 620 640 Roll Call Consent Calendar Public Hearing - Transportation & Physical Dev., Land Management - D O'Donnell Request by Kevin Nickelson to Amend Chapter 2 of the Development Code Assessment, Taxpayer Services & Elections - M. O'Rourke, DIrector 1998 Annual Report Community Services Department - D Papin, Director A. Workforce Investment Act Transition Funds Plan B School-to- Work Partnership Contract Amendment for Year II General Admini~tration - J Schug, County Administrator A Appointment to NSP Community Advisory Committee B Water Governance Study C LegISlative Update Discussion from the Audience V'UltOrs may share theIr C01lcems WIth the County Board ofCommrsn01lers 011 tmy Item 1Iot 011 the agenda. The ChaIr WIll dIrect the COU1lty Adml1lutrator to prepare response to your C01lCl!17tS You are enCOll1'tlgBli 1Iot to be repetulous of prewous speakers and to lzmlt your address to jive mllfUtu Commissioner Reports - Comments - Questions Thu penod of tlme shall be used by the Commrsno1lers to report to the fidl BoanJ 011 commIttee actMtles, make comme1lts 011 matters of mterest and mformatlo1l, or raue questlO1l3 to the staff ThIS ac/I01l IS 1I0t mtendet:l to result 111 substantIVe board actl01l dunng thIS time. Any tlCtI01l 1Ieceuary because of aUCUS3I01I WIll be scheJulet:l for a fUture board meeti1lg Board Correspondence Adjourn ************************************************************* Date MayS MayS MEETING NOTICES Committee nme Location Metropohtan LRT Jomt Powers Board Plat CommISsion 8 30 a.m. 9 30 am. Hennepin County Government Center Washington County Government Center Au.."... atetung delllC_ .", ell""" for ... 1ft the County Bon Room If :LOU need __tllllCe due to d.eb,,,,,,- 0' liln!J.uge 1NIme't,.Ple- cllil .QtJ.6000 (TDD 43g..322Qj EaUAL EMPLOYMENT OPPORTUMTy I AFFIRMATIVE ACTION EMPLOYER , -, . WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 4,1999 The following Items are presented for Board approval/adoptIon. DEPARTl\1ENT/AGENCY ITEM Administration A Approval of the April 20, 1999 Board Meeting minutes Assessment, Taxpayer ServICes and ElectIons B Approval of resolution, repurchase of tax forfeltedland by Chanmng Donahower, preVIOUS owner C Approval for demolItion and removal of a buildIng on tax forfeited land, PID 07.031119340020, Lot 15 Butternut Falls, located in the City ofMarlne on St Croix Community Services D Approval of 1999 cooperative agreement between the Departments of CommunIty Services and County Attorney for adm1nistration of chIld support ServICes Transportation and Physical Development . E. Approval for the Parks Division, m conjunction WIth the Minnesota Department of Natural Resources, to conduct a deer harvest in the Lake Elmo Park Reserve F Approval ofresolunon, award of seasonal material bids for sand supply and plant mixed bItuminOUS material . .Consent Calendar Items are generally defined as rtems of routIne busmess, not requlnng chscusslon, and approved m one vote CODIJDJSSloners may elect to pull a Consent Calendar rtem(s) for chscUSSlon and/or separate aet10n ~ ) -. , ~ -.... .: :~- ~~:-;~_.. -:;~ - r: ~ : :.:;- ....~ :i'..- ; ;;s:.- -. ~~ to " ,.- ". -;. ~.. .................................... ............................... -. Buffet Dinner ............... .............. .:........ .... ....... .............. 6:30-7:30 p.m. 25th Anniversary Celebration/Business Meeting .......... 7:30-9 p.m. J -- . - ... ....J ...... .. .... .....: "'"~~.... _.._...,~_...~"~:~:;...:~:J, ~.. .I'O~"',,-r"" '"4, trri -.. ...... .,1o.o.'{....\'If!... it""'} .~ ~'- '. '.'.: :;.- -~~i. :Et~~~-~~~~;;~_ ~ e~trl;~"f <p ~:,~':~~;:;;i~. t. "'__ _ - ... ..~.. i--f't .t..:;~~.....~ .. 1- ...~~~,.. ... ..... ..;~ ~'~J..;: ~"-~. 't,. ....... ,...;:r......... .~..!"'f_"';' J.;. r.. ~... t'" ~ :~~.:._._ "~:~~J:.;::--~.:~~-_;~~1f~-. . 4 . . "~;.-ii- ~ . - - M~p!Wie>e>d - -e~ma~ity- - . ~..:Z.:-i ~~"":w:~"f-:" ~",' " 2100 White _Bem:.7i~_~;.'.r. ~ . .. ...... .._to.'" -1~"1P~,..."...j-~",~.. . - Maplewood, Minneso.tIl.551p~. (62~-719-35S.5) ... . ,,1- ~ _....~ ...1\,3..... - \ :'C.. ~. .. :~::.;;r:_ ., ~ ~L. ~ -J. * Highway 3~_ . ~~.~- : ~~~ I~I Partners :.. . .- ".; ~ '. ..-........_.).. ':> . . ". -. "-;.~:-;~-~..~- -f".: /L ..........- .. .. ~.; ~: ~. . ' County Road B -~- -. ". .." -:: I-.:!i _~ ~ -~ .. ~ - _ _ ~::~~~r --..~ !:1~~~~? . :-<.- -. - ~ -";',,--, -- ~..- I.t) :" :i:, - _: C'r) ~J.....~__ :~:- _..- ~ ..... ...!'It 'l.IJ .- - ~.lt) ~ :. C'r) .. "'" - ; ...: ..(-:. - -:p;'- '. . . - ..... ,,:~-{!..~;...... .:....... ..... 1";' ..~;>' :& .- ~~~:~~:~~ ~i ..... .......-~~~~.t .... _s ....:... c:~; .. l' .. <;: ..<\~.._ _1 ,....::;, c~..;.. ~ ....." -.... ., .':. ~ , :.... ~ ,,/.. ...... ~..;~ ,'-..' ......->>^ .. ~ n......~ .., V" .... -- .."ir~ ~ ~ ~ --", . _...~:~:'7..'" .;. ... .t ~ .. to.. '1.... ~I ......r c _~... .# _ . :-:'~; - - . , ,.... "'~ ~ ..~... : . . . , - ~ -!';. t -. 5. 6. ~ . . .,:'"'- .11...... .. .. ::"'-..---> . 7. 8. 9. Announcements. 10. Adjournment. ~ay-03.99 0& 6Tam From-DO. DEP COMMISSIONER +29T4T95 '.......... T-241 P 01/13 F-5T9 \ · Fax To: MCEA. Peter Bachman, 6S1.223.S967 , Sierra Club, Gmny Ymgbng, 612 3793855 , VoyagcUls RegIonal Natlonal Park Assoc , Jenmfer Hunt, 612.339.4731 .- Boundar) Area Commission, Buck Malick National Park SeMce, Tony Anderson Metropohtan Council, Ted Mondalc, 6S 1 602.1739 r City ofSnllwater, MayOT KImble, 651 430.8809 ". CIty of Oak Park He1ghts, Mayor Schaaf. 651.439 0574 ~ Wisconsin DOT, Terry Pederson PHW A, Cheryl Mart1n . Pages: II, mcluding this cover sheet. Date: May 3, 1999 Attached IS MnlDOT's review of Professor Johnston's report on traffic forecasnng. A copy Will also be m311ed to you. FtOm the desk of .0 . Adam Josephson MnIDOT Mat-OS-ge OS 57am From-DO. DEP COMMISSIONER tOl Min....... D<lpa_ ofTran...........n "0.0 !V +2974795 T-241 P 02/13 F-579 , Metropolitan Division Waters Edge 1500 West County Road 82 Rosevllle, MN 55113 . May 3, 1999 Mr Peter Bachman Mmnesota Center for EnVlfOnr.1ental Advocacy 26 East Exchange Street, SUIte 206 St Paul. MN 55101 Dear Mr. Bachman, AttachecllS MIlIDOT's rcvocw of Professor Jolmston's report "ReVlew of the AnalysIs of the New St.Croix River BridlJe", dated February 17, 1999, The review was prepared by Sa:: Consultmg Group wIth Input from stafffrom the Mctropohtan Council, WlsDOT, Mr1DOT. and Richard Bra\l1'\ MnlDOT recelVed the report when MCEA made it available to the public on March 23, 1999. Attachecl are the followmg, · Summary Response to Johnston Report, ,. Summary of Four-lane Decision. · Summary of Growth Management, . SRF memorandum on Iohnston report, 4/12/99 The extensIve forecasting work done by SRF Consulting GrouP. utilizing the Metropobtan Council's re810nal forecasung model, was thorough and complete and the DOT's support the methodOlol)' and results of SRF's stuebes. The extensl0n of the metropohtan model mto western WlSconsm requaed a tremendous amount of data coUectlon. model development, and cal1brat.1on. TIns modelmg effort was an tmpoftant step to allow for a reasonable evaluatIon of the various altematlVes that were consIdered dunng the Braun process ane to support the fmal recommenctanon. . A four-lane bndge 15 the only reasonable and prudent way to pro~eed with this crossmg. MnlDOT IS, however, sensitive to the concern of various parnes about the potential for increased growth in the prOject area. The comprehensive plans and zoning ordmances of the counties and loca! governments on both SIdes of the nver have been reviewed MnlDOT has proposed, as pan of the proJect's mitigatIon plan, to asSIst In the development of a regIonal Jr.frastrUcture and land use plan for the St.Croix River Valley area between Taylors Falls and Prescott to help address tlus COncern. If you have any questlons regardmg the attached lDformatlon please contact me at 651.582 1320. Smcerely, 6J..--) a.r-- Adam Josephson PrOject Manager An equal opportumty employer co: Sierra Club Voyaacurs Regional NatIonal Park A:>soc Boundary Area CommiSSion Metropobtan Council NatIonal Park Serv1ce City of Stillwater City cf Oak Park Helgh~ WIsconSin DOT FHWA . r - '.. . . . ~aY-03-99 0& Siam From-DO- DEP COMMISSIONER +2974795 T-241 P 03/13 F-679 SRF No 0983278 Apnl12, 1999 SUMMARY OF RESPONSE TO JOHNSTON'S CRITICISM OF FORECASTS The followmg are factual errors in "Review of the Analyses of the New St. CroIX RIver Bndgett by Roben A Johnston, February. 1999 These errors are documented further 10 a SRF memo dated Apnlll, 1999 1 Johnston provides no documentation or data to support hIS conclusIons regardlflg the MerropoJJtan CouncIl forecasting models He did not prepare forecasts uSIng an alternanve model 2 While Johnston cnticlzed the regional models, he chose to 19nore the Braun modeling results (34-35,700 AnT in 2020) and based most of hiS analysis on the projections done for the Fmal EIS in 1995 (41,000 ADT) which used an entirely different methodology and are not relevant to the forecasts presently being used, 3 Contrary to Johnston's assertions. he was provided over 1,500 pages of detaIled documentation on the regional models He was sent documentation of the regIonal models and traffic data collecuon in August. 1998. documentation of the adaptation and appl1cation of the models for the Braun process m September, 1998. and responses to hiS questIons In October. 1998. Mr. Johnston was Invited to the Twm Cmes (expenses paid) to dISCUSS the forecasts and the Metropolitan Council models twice, In August and October, but he andlor MCEA refused those offen. 4 Contr'.uy to Johnston's assertIons that the Metropoht2.n Council models are "senously flawed" and "obsolete", the Twin ClUes model IS a very good, highly reputable travel forecasting model that uses many techniques that are considered advanced pracuces by Industry standards including guidelines set in the NARC report he references. 5 Johnston makes several erroneous statements regarding the Metropohtan CouncIl models As noted ir. an October 28. 1998 memo from SRF to Johnston. Tnp generatIon is not fixed In the model Tnp desunanons and lengths arc not fixed In the model Mode shares are not fixed In the model Time of day is not fixed in the model The forecast was not an "aggregate forecast" extrapolated from past trends Link queuIng penalties are used In the model to ellITunate over.asSlgnment of tnps DI version of traffic was not based on the 0-0 survey MultIple model iterations were run Mai-03-99 O. 58am From-DOT DEP COMMISSIONER T-Z41 P 04/13 F-5T9 +Z974795 2 6 Contrary to Johnston's assertlons, land use/growth Impacts related to congestion on tt:e Stillwater Bndge were quantlfiec In the SRF analyslS The analysIs estImates a decrease 10 growth of 1,200 households il1 St CroIx County, which equates to 3 percent of forecasted populatIon in 5t Croi}t County. 7 Johnston asserts that pol'ulatlon growth would be iO percent less than the forecasted growth wnh the No BUlld Scenano In reahty. If the populatJon of St CroIx. County contmues to Jncrease at the same rate it IS currently growmg, Johnston's populatlon proJectlon w1l1 be reached in fIve years Thus, a 70 percent reductIon is noc a reasor.able conClUS\Oll 8 Johnston's assertIon that the forecasts are "inflated by 45w61 percent" would result In future traffIC volumes that would be lower than today's volumes. Thus. a 45-61 percent reduct\on In the forecasts IS t'lot a reasonable conclusion 9 Johnston's assertIons that peak hour work ttJps on the bndge could be cut by 40 percent through the use of shuttles and paid parIang at mlJof workplaces, and that non~work peak hour tnps could be cut by half with a toll are unsubstantIated. This overly OptlmlsUc expectanon may be because Mr.10hnston does not understand the dIspersIon of tnps on the bridge. the nature of non-work tnps on thlS bridge, the eXIstIng TSMlfDM strategles already in ?lace at 3M and Anderson Windows, the hIgh velucle occupancy on the bndge, and the lack of pol1t1cal support for tolls In thIS regIon - 1 .' . . . . . . Uay-D3-99 D. 59iM From-DO. DEP COMMISSIONER +2974795 T-2tl P 05/13 F-579 SRF No 093278 Apnl 28, 1999 SUMMARY OF FOUR-LANE DECISION As stated in the Amended Seeping Decision Document (published in February, 1999). construction of a four-lane bridge is the only reasonable and prudent alternative for the following reasons' 1 If a new two-lane bridge were opened TODAY, It would be congested at least two hours per day This would increase to at least five hours of congestion per day by the year 2020. Even under an optunistic construction schedule, the bridge will not be open to traffic for at least 5 years 2. Providing sufficient capacity at this location lessens the potential for additional environmental impacts to the St Croix River and its valley, particularly north of Stillwater which is a more pristine ponion of the river. Even Johnston acknowledges that the bridge would be unacceptably congested after 20-30 years even if the bridge was tolled. development was severely restricted by congestion and TSMlTDM programs were extremely successful Due to their cost and environmentallmpacts, bridges must be built to last 50- I 00 years. 3. A two-lane bridge does not significantly reduce the bridge WIdth or construction cost due to required safety design measures. 4. There are serious safety concerns related to creating a short 2-Iane bottleneck on the bridge, whicl1 would be further compounded by the curve and grade on the croSSlng. The Minnesota approach TH 36 is a four-lane divided highway. Wlsconsm STH 64 near Somerset will be upgraded to a four-lane divided highway in the next few years The Wisconsin STH 64 project has already been approved through a separate NEP A process. 5. As Wisconsm OovemorThompson said in his March3!, 1999 letter to Mi1U1esota Governor Ventura. th1s bridge IS "a critical link in the National Highway System". The highways It connects serve a statewide function in lWO states, supportmg state economies in areas outside the Twin Cities, It is the states' responsibility to serve these needs as well as the needs of the region For these reasons, the Amended Seoping DecISIon Document concluded that a two-lane alternatIve is not a reasonable or prudent expenditure for the proposed St Croix River crossing. Therefore, a two-lane alternative will not be studied funhcr in the Supplemental Draft EIS. ~ai-03-99 O..59am From-DO- DEP COMMISSIONER +2974795 i-241 P 05/13 F-579 4 SRF No 09832'78 Apn112, ]999 . SUMMARY ON GROWTH MANAGEMENT Virtually everyone agrees that there IS a potential relationshIp between transportatlon capacny and urban sprawl However, almost everyone would dispute Johnston's imphcauon that transportation ALONE can control urbdn sprawl or manage growth There is extensive research documentmg the r.lultlple econOJIl1C factors that mfluence location decisIons such as land costs, schools, cnme, amenItIes, taxes, etc. Transponanon access IS a contnbutmg factor but not the dominant feature in determmmg eIther cost of liVIng or quab~y of life 1 Contrary to Johnston's assemons, the forecasting analysis DID include a quantIficatIon of growth Impacts. The analysis showed that by 2020, based on accesslblllty to Jobs, appro~lmately 1200 households would not locate In WIsconSIn due to congestIon ThIS IS an mcrease of about 3 percent in the population of St Croix County, 2. Contrary to Johnston's asseruons, the prOVISIon of transportation capacIty does not chctate development patterns. A companson of Woodbury and Lake Elmo, both located along 1-94, is a good example Woodbury, on the south Side of 1-94, has openly supported growth in Its pohCles and is a rapidly urbanizing area. Lake Elmo, on the nonh SIde of 1-94, ha opposed growth 10 Its PObCICS and is growing much more slowly. Both CItIes have comparable regIOnal transportatlon systems. If access across the nver were a majOr dctemunate of growth, Hudson would be many tImes larger than It IS today. . 3 The transporta.non plan for the Minneapol1sJSt Paul re810n was developed by the MetropolItan Council to carry out and support the Regional Bluepnnt. This project is mcluded In the current transportatIon plan and IS, therefore, conSIstent WIth the RegIonal Blueprint. The Mcnopohtan Council has stated numerous times that thIS bndge is consistent with the RegIonal Blueprint. 4. Counues and local units of government on both SideS of the nver have comprehensn.e plans and zonmg orchnances in place. Transportation plans in both states prOVIde four lane approaches to the bndge. A four-lane bridge 1$ conSIstent With state and local plans in both Wlsconsm and Mmnesota. 5 WIth the managed dlstnbutJon of growth, the rural character of western WISconsin can be retamed If deSired by the local commumues St. CroIx County has stated that the new bndge Wlll help them concentrate development in communities along the east~west roadway rather than nonh-south In the more environmentally sensltlve areas along the nver. 6 The DOTs xr.ade a commitment m the Amended Scopmg DeCIsion Document to address growth Issues further in the Supplemental Draft EIS . , Way-03-99 0& 59am From-DO- DEP COMMISSIONER +2974795 T-241 P 07/13 F-579 5 . 7 If we simply butld a two-lane bndge, we w1l1 have failed m three wa)'s, (1) we WIll not have controlled growth, (2) we WIll have lost an opportunIty to influence how future growth IS managed m the St CroIx RIver Valley, and (3) we wJ1J not have provided an acceptable bl-state transportatlon system . . . "ay-03-99 lC OOam Fro.-DO~ DE? COMMISSIONER ~CONSULTING +2974795 T-241 P 08/13 F-579 GROUP, I N c. Transportation · CIV11. Structural · EnvIronmental · Planmng . TraffiC · Landscape Arch1tecture . Parking . No 0983278 MEMORANDUM TO. Adam Josephson. P E. MnlDOT FROM Stephen C. Wllson, Associate Charleen A ZImmer, VIce-President DATE April 12. 1999 SUBJECT RESPONSES TO ROBERT JOHNSTON'S REPORT, "REVIEW OF THE ANALYSES OF THE NEW ST. CROIX RIvER BRIDGE" (UA TED FEBRUARY 17, 1999 AND RELEASED MARCB 23, 1999) The Johnston report, "Review of the Analyses of the New St. CroIx RIver Bndge", dated February 17, 1999, was commissioned by the MInnesota Councll for EnVlfonmental Advocacy The report aggressIvely attacks the TWIn CitJes regtonal travel forecasting models and the forecastmg completed during the Braun process last summer. The report also presents rhetoncal arguments on urban sprawl, the effectiveness of TSMlTDM, and the suggestion that a two-lane altemacJve should be acceptable, . The purpose of this memorandum IS to respond to the factual errors in Mr. Johnston's report regarding the forecasting process and r~"UJts. It is not the Intent of thls memorandum to argue the policy questions related to managing urban growth State and regtonal policy makers who must take many factors Into consideration beSide the travel forecasts must decemune those policies. OUt assignment was to prepare 2020 travel forecasts usmg the TWIn Cmes regIonal travel forecastmg model. We were to develop fOrecasts for SIX alten'latlves ranging In capacIty from No BuIld to a Build alternative that Included four lanes on a new bndge and retention of the eXISting two-lane bndge OUf data collection, forecasting methodology and forecastmg results are \\-ell documented In several technIcal memoranda and In the September 28 Braun report. Contrary to Johnston's assertion, over l.Soo pages of documentatIon were provlded to him All documentatlon related to OUf data collection and the regJonal travel forecastmg models was proVIded to Mr Johnston In August. 1998, Detaded documentation on the use of the models for the St. CrotX Rivet Crossmg and the results of the forecasts were prOVIded to Mr Johnston In September.1998 Wntten responses tc questIons Mr Johnston r8Jsed were prOVIded In October, One Carlson Parkway Korth, SUite 150, MmneapohsJ MN 55447-4443 Telephone (612) 475-0010. Fax (612) 475-2429 . http./ /wwwsrfconsulhng,com . An Equal OppOttullIty employer . . . ~ai-03-99 Ie OOam From-DO. DEP COMMISSIONER T-241 P 09/13 F-579 +2974795 2 1998. A I1st of contacts WIth Mr Johnston and MCEA regardIng the forecasts IS aUdched Both In August and November, Mr Braun and SRF offered to pay Mr. Johnston's expenses to travel to the TWIn CIties to diSCUSS the forecasts and resolve any concerns that he had regarchng the regIonal models and our project methodology Mr, Jonnslon and/or MCEA refused those offers to meet and chscuss these Issues. The follOWIng are responses to Mr. Johnston's report are. 1. Johnston makes many unsubstantiated comments and assertions. Johnston provided no quantItatIve analYSIS or data to support hIS conclUSions, and It JS eVIdent that forecasts using an alternatlve forecastIng model were not prepa.red ThIS leads us to conclude that Johnston's reVIew and conclUSIons are unsubstantIated While Mr Johnston was well aware of the ngorous modeling that was done dunng the Braun process, he often chooses to Ignore thiS and, mstead, refers to projections prepared for the Final EIS in 1995. These earlier projecuons were not prepared uSIng the regIonal model because the model dld not Include the WIsconsin area affected by the bndge Dunng the Braun process, the model was mocl1fied to include the affected WJsconsln counnes, and new forecasts were prepared. The 1995 FEIS projections are, therefore, no longer relevant. Johnston's report IS very IIllsleadmg as the report lmphes that cnuclSms of the earher projections are valId for the regIonal models and for the forecasts prepared uSing those models. ThIS IS not the case as the two processes were extremely dIfferent. 2. Johnston is not correct in his assertion that a four-lane bridge is not consistent with the Regional Blueprint. The transportation plan for the Minneapobs/St Paul region is developed by the Metropol1tan CouncIl to carry out and support the Regional Bluepnnt ThIS proJect 1S Included in the CUlTent regIonal transportatlon plan and 15, therefore, conSistent WIth the RegIonal Bluepnnt. The Merropol1tan Counctl has stated numerous tImes that this bndge IS consistent With the Regional Blueprint 3. The Metropolitan Council's re:ionaI travel forecasting models use many techmques that are considered advanced practices by mdustry standards. They are neither "seriously flawed" nor "obsolete" as Johnston asserts. Johnston uses the NARC uManual of Regional Transportation ModelIng Practice for Air QUalIty AnalYSIS" to assert that the MetropolItan Councll's travel forecastlng models are --senously flawed" and "obsolete". The Metropohtan CounCil and MnlDOT developed the Twm CitIes models between 1990 and 1994 as pan of a major travel behaVIor Inventory and model improvement program. The models use many techniques Idenufied in the NARC report as --advanced pracnces". The MetropolItan CounCIl contmues to fme-tune the models on an ongoing baSIS. The regIonal forecastIng process uses a natlor.ally accepted standard -Your-step" approach WIth sequential generation, chstnbutJon. mode chOIce and assignment models The models have been testeC and Uat-03-99 lC Olam From-DO- DEP COMMISSIONER +Z974796 T-Z41 P ,0/13 F-579 3 vahdated for tlus region and the model modificatIons made for the Sr CroIx R1 ver CrossIng proJect were vahdated WIth 1998 trafflc counts, ongln-deStInabOn surveys, and trcl\cl time studies. The forecastmg methodology and results were prepared m consultation wnh Mr. Keith Lawton from Portland Metro. Mr. Lawton IS a natIonal expert m travel forecasting and has worked for many years wIth Portland ar.d orher CIties on their forecastmg models . 4. Mr. Johnston makes ~e"eraJ erroneous statements about the forecastlnl methods used in our analysis. On page 15, Johnston asserts that tnere are several "notable defIciencies" In the modeling methodology Each of these assernons IS either Irrelevant or Incorrect (1) Tnp generation IS NOT fixed an the model as claimed In the report. ACCCSSIbIltty IS Included as a vanablc (population or employment wuhm a defined travel nme) The models were calibrated based on a 9.800 household travel survey database, a very respectable survey sample size (2) The report Infers thiS was a "slJUll area study" that reqUlred an extraordmm y treatment of mtra-zonal tnps. The forecasts were prepared as part of a large-scale regIonal modeling effort to fully estimate the effects of travel changes. Any effect of mtra.zonal mps WAS mirumized by proper zone defimtIon, (3) DespIte a SpecIfiC response to thiS ISSue m our October 29, 1998 memorandum to Mr Johnston, he is Incorrect m his assessment of how the model treats over-assIgnment of trips Lmk queuing penaltles WERE used to elinunate the over-asSIgnment of . tnps (above Set"/lce Level F) on congested bndge alternatwes (4) DJVe~IOn of traffiC was NOT based on the O-D survey results as claImed In Johnston's report To use the stated preference of the survey 10 modeling would be mcorrect since the data does not take Into account traffic that has already chosen alternate routes or tnp-makmg charactensncs. The O-D survey results along WIth other traffic counts and travel ume surveys were used to ValIdate the data for eXlstmg condmons (5) Also as communIcated to Mr. Johnston In our October. 1998 memorandum, several Iteratlons of the model WERE run for model equlhbratlOn. SRF conducted a senes of tests of model eqUIlibration by runmng several combmations of iteranons of the tnp distribunon, mode chOice and tnp assignment models The tests measured changes In person tnps crossmg the St. CrOiX River and traffiC volumes on the Sullwater and 1-94 bndges No significant changes In those numbers were observed wIth mcreased model or sub-model1tcraoons beyond the two full mode! aeratIons docum:nted In the September, 1998 repon. (6) The lime-of-day model1ng, descnbed 10 the documentatIon provlced to !vir Johnston, does NOT employ peak-related K-factors However, the mode!mg DID employ . . . . Uay-03-99 10,01am From-DOT DEP COMMISSIONER 1'2974795 T-Z41 P 11/13 F-579 4 methods still widely used. A more dynanuc nme-of-day model would shIft unsatisfied peak hour mps (those not made or diverted to other bndgcs) back to the St CroIx Bridge in a different hour, ultimately increasmg the daily forecast volume and number of houn of congestion on the new bndge, (7) The forecasts prepared for the Braun process DID Incorporate analysIs of a reduced- growth No Build scenario S. Contrary to Johnston's assertion, the forecasts prepared for the Braun process did Incorporate a redllced gro,vth No Build stenario. OUf analysis resulted In an expected 2020 reductIon in populatIon growth that equates to about 3 percent of the forecasted populatIon 10 St. CrOIX County. It 1$ reasonable to expect that reduced feSldennal development assumptIons due to peak-direction congestion could affect the forecast demand under a No Budd alternative. It is not reasonable to expect that reduced employment assumptlon.s in WIsconSIn would have the same effect. In fact, it is reasonable to expect that having fewer jobs m Wlsconsm would result in more travel to MInnesota. Therefore, It was more reasonable to only evaluate changes In TCSldentIal development 6 Johnston's as5ertion that the forecasts are "innated by 45-61 percent" would result in 2020 tramc volumes that could be lower than today's volumes The Johnston report concludes, without any quantltal1ve analysIS provIded. that the No Build forecasts are '"inflated by between 45-61 percent". The annual adjusted eXIsting traffic volume on tee Stillwater Bndge is 15,100 vehIcles per day with actual counts rangIng to over 19.000 last summer. The 2020 No Build forecast IS 23,900. If one assumes that these forecasts are "inflated by 45-61 percent", then the "correct" 2020 forecast would be 14,84S to 16.483 vehicles per day. In other words, less than the volumes today. Such a claim is NOT reasonable! 7. The population level Johnston asserts would result in twenty years with a two-lane bndge (70 percent less than the forecast) will be achieved in five years at the 1998 growth rate. The Johnston report provIdes no quantitatJve analysis or data to support thiS conclusion The reduced growth land use alternatIve developed by SRF for the Braun process identlties the twelve communities most affected by reduced accesslbdlty. Based on the SRF analysIs, the forecast growth in those communltles could be ~duced by 32 percent by 2020, In reahty, the ~ductlon In growth w1l1 probably be much less since our analYSIS assumed that people will relocate based solely on access to Jobs when, in reality, people's locatIon deCIsions arc influenced by many other factOtS such as schools, crime, aestheucs, land costs, taxes, etc. A 70 percent reduction woltld result in a twenty-year growth of only 3,489 people. If growth 10 St. CrclX County continues at ItS current rate, Johnston's 2020 populatIon forecast will be reached In five years, Clearly, a 70 percent reductIon In growth IS NOT reasonable. . ~ay-03-99 10 D2am From-DOT DEP COMMISSIONER +2974795 T-241 P 2/13 F-579 ~ 8 Johnston's assertions that peak hour work trips on the bridge could be cut by 40 percent through the use of sbuttles and charging for parkine at major workplaces (e. e., 3M and Anderson Windows), and that non-work peak hour trips eould be cut by half with a small toll are unsubstantiated. . Johnston proVIdes no analYSIS to support these conclusIons. Such hIgh percentage reducnons would be ex~raordtnary even m very hIgh density urbamted areas. Dunng preparauon of the FEIS, MnlDOT evaluated numerous alternatJves to determine the effectiveness of theIr apphcatlon to thIs crossing and the surroundmg areas This analysIs assumed an even wider array of TSM/I'DM strategIes, many of whIch are not presently pohncally fe.lSlble, and ccmcluded that dally volumes could be reduced by less than 10 percent. Perhaps Johnston does not understand the hIghly dIspersed pattern of trafflc usmg this crossing, the nature of recreational tnps crossing the nver, the eXIsting TDM programs at 3M and Anderson Windows, the hIgh vehicle occupancy rate already occumng on the Stillwater Bndge, and the political feasJbJlIty of congestlon pncIng and tolls m thIS region. Based on these condlnons and the above referenced analysIs, Mr Johnston's assertions regardtng the cffectlveness of employmg pumtIve TSMfI'DM measures In the SttllwaterlHoulton area are NOT realIsnc. Johnston uses unsubstantiated Concluslons drawn from the above erroneous assumptIons to argue that a new four-lane bndge WIll cause unconstramed growth (urban sprawl) in westem Wisconsin and, convel'SCly, that a new two-lane bndge WIll somehow prevent growth. NeIther argument IS supported by documented analysIs or data. The forecast prepared for the Braun process documents a more realistic reduced growth effect and the resulting furore travel demand on the bndge. The results of thIS analysIs clearly Inmcate that, even WIth reduced growth, thele . IS a future demand for a four-lane bridge. The Amended Scopmg DeCIsion Document explains adchtionaJ reasons a four.Jane br.dge IS recommended and makes a commitment to further address the issue of growth management In the Draft BIS sew ICAZlsmf . . . . Mat-03-9a Ie 03am FrOl-DOi PEP COMMISSIONER +2974795 T-241 P 13/13 F-5T9 LIST OF CONTACTS WITH JOHNSTON AND MCEA RE. FORECASTS* · Two weeks of telephone contacts with MCSA in July uymg to set meeting date · July 27 SCRCAG meeting (mfonnanon proVIded on traffic data collectIon) · Meetmg on August 4 with four environmental groups · August 11 SCRCAO meeting (addltlonal traffIC mfonnatJon provIded to MCEA) · Three weeks trymg to arrange to have Professor Johnston in town !offered to pay hiS expenses) · August (documentation on Meuopolitan Council models sent to Johnston) · September 9 SCRCAG meetmg (additional traffic infonnanon provided to MeSA) · September 22 (SRF e-malled draft m"mo on forecasts tolohnnon. faxed figures) · September 23 (SRF received e-rrwl from Johnston IndIcating his receipt of draf[ traffle memo; requested graphs be faxed to another number) · Meeting on September 24 with enVIronmental groups (mcluchng Keith Lawton) · September 28 SCRCAG meetmg (report distnbutcd) · Week of September 28 (Lawton discusses project bnefly with Johnston at conference In Portland. OR) · October 28 (SRF e-mailed memo to Johnston addressing issues he raised on draft memo on forecasts; requcsted his comments by November IS) · November 18, talked to Steve Thome who inclJcated Johnston repon would be sent to SRF "by end of week" (offered again to pay Johnston's expenses to meet) · November 19. talked to Steve Thome who indicated that MCEA dId not want to have Johnston come to Twin Cities. Again promised Johnston report in "couple of days". · November 24 (SRF has telephone conversation with Johnston regardmg conunents he sent to Steve Thome) .Does not include unsuccessful efforts to reach Johnston by telephone during Braun process or conversatIons with MeSA after November 24.