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HomeMy WebLinkAbout1996-04-11 CC Packet " e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director f2--- DA: April 11, 1996. RE: COUNCIL UPDATE ON 74 UNIT HOUSING PROJECT AND PUBLIC PARKING STRUCTURE Background: The Stillwater Heritage Preservation Commission reviewed and approved the application for a design permit (DP/96-29) for the townhouse condominium project at their meeting of 4-1-96. Conditions of approval were placed on the project regarding building colors, material, roof line detailing, lighting and landscape plan (see condition of approval #12 for Case SUPN/96-15). The project plans and planning commission staff report including conditions of approval are enclosed. e The developer indicated they would have information regarding the construction of a parking structure over the Olive Street city parking lot by April 9 as of this writing April 11 no information regarding parking has been provided. This information will be available by meeting time. The conditions of approval of the use permit and sale of the UBC property is dependent on finding of financially affordable way to provide a parking structure for 175 cars (50 existing +125 additional) over the Olive Street lot. The sale price of the UBC site $600,000 could contribute to the parking structure cost or lease amount. The city engineer is developing estimated costs for the relocation of the sanitary sewer line and to provide water service to the site from Third Street. These costs are typically developer costs, however, Gerrard is requesting the city to pay these costs. Recommendation: Accept updated report and direct staff to continue working with the developer in determining costs and design information for a parking structure over the Olive Street lot. Attachments: CPC memo and action 4-8-96 'e I ' '. e e e MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Gerrard Housing Development DA: April 12, 1996 Discussion: The agenda includes an up-date on the Gerrard Housing project. Although staff have had an opportunity to review the some of the various element/pieces of the project, staff have not had an opportunity to review the project as a whole. Further, Mr. Russell will not be able to be at the meeting Tuesday as he is at a Conference all next week.Therefore, I would strongly suggest that the only action the Council takes on this issue Tuesday is to direct staff to continue to work with the developers to address issues that have not been addressed by the Planning Commission and the HPC- especially the issues related to the sanitary sewer, storm. water and most importantly the parking lot/ramp issue. Recommendation: Direct staff to continue to work with Gerrard Realty to develop a plan to address utility and parking issues related to the project (as also recommended by the Community Development Director). ~~ t ': ' ':' #~~- ,MmD e GERRARD REAL TV CORP · 420 SOUTH 5TH STREET. P.O. BOX 1086 . LA CROSSE, WISCONSIN 54802-'086 PHONE 60an82-44SS. FAX 60aflS2-4478 April 12, 1996 VIA FACSIMILE (612-439-0456) . ORlGINALVIA FIRST CLASS MAIL Stephen Russell Community Development Director City of Stillwater 216 N. 4th Street Stillwater, Minnesota 55082 Re: Construction of Parking Ramp Dear Steve: e We appreciate your efforts and those of your staff in assisting in the resolution of the parking problem which will permit us to proceed with our condominium development. .. As requested by the City Council on April 2, the following outlines the manner in which the Gerrard Realty Corp. ("GRC") would develop 8 three-level parking ramp, with 165 spaceSt for lease to the City of Stillwater: , A. The City would transfer the site to GRC at no cost. B. GRC would contract for, and supervise, the construction of the ramp. C. Upon completion of construction, the ramp would be leased to the City pursuant to a lease with a five-year term. - D, The monthly lease payment to be paid by the City would be a function of the total project costs and the interest rate of GRe.s underlying first mortgage. Total project costs would include all hard and soft costs and expenses (e.g., construction costs, environmental inspection and clean-up, if necessary. permits and fees, professional expenses, costs to secure financins etc.) and. a developer's fee to GRC of 10% of the total project cost. For example, if the total hard and soft costs were $1,400,000. the developer's fee would be $140,000, and the total project cost would be $1,540,000. e Stephen Russell April 12, 1996 Page 2 E. The monthly lease payment would be equal to the amount necessary to fully amortize the total project costs using the amortization period of GRC's underlying first mortgage and an interest rate of 1 % plus the rate applicable to the ORC mortgage. For example, if total project costs are $1,500,000 and GRC's mortgage is amortized over 30 years and the applicable interest rate is 10%, the monthly lease payment would be $13,164. F. The lease would be what is commonly referred to as a "triple net" lease. Therefore, the City would also be responsible for real e,tate taxes, insurance and maintenance expenses. G. At any time during the term. of the lease, the City could elect to purchase the ramp. In all events, the City must purchase the parking facility at the end of the lease term of five (5) years, The purchase price would be equal to the unamortized total project costs, any prepayment penalty charged by GRC's lender and the costs and expenses to accomplish the transfer (e.g., legal fees, title insurance premiums etc.). H, The revenue sources to the City to enable it to make the monthly lease payments (and pay the other expenses associated with the lease) would be: (i) The profit the City would realize on the sale of the UBC site; (ii) The City's share of the real estate tax revenue generated by the condominium project (commencing in 1999 and estimated to be $90,000); and e .:: (ill) Parking ramp revenues. We would hope that these revenues would allow the City to operate the ramp on at least a breakeven basis. Please understand that the construction costs and financing details assumed above are our best estimates for now and we continue to refine them. However, we do believe the basic concept works and moves the City fOlWard to solving its parking ei " \WDArA\tt"\~041\'LHOO.. e e Ie . " Stephen Russell Apri112, 1996 Page 3 problem. If you need further infonnation, please do not hesitate to contact me. Thank you very much. GERRARD REALTY CORP. cc: Mr. Lew Moran (SEll) F: \EAI"lIATA\ '*h\440~1\IUt004. e #~~ <X:RRARD REALlY GERRARD REALTY CORP · 420 SOUTH 5TH STREET · P,O. BOX 1086 · LA CROSSE, WISCONSIN 54602-1086 PHONE 608/782-4488. FAX 608/782-4478 April 2, 1996 City of Stillwater A TTN: Mayor Kimble and Council Members 216 North 4th Street Stillwater, MN 55082 Dear Mayor Kimble & Council Members: Thank you for including Gerrard Realty Corp and our proposed downtown condominium project on the agenda of your 4:30pm meeting today -April 2nd, 1996. Gerrard Realty Corp proposes to do the following: e 1) Terms ands Conditions of the Purchase of the Site We will enter into a purchase agreement with the city of Stillwater to purchase the land know as the "Bluff City Lumber Site" for $600,000 cash and a closing date of June 3rd, 1996. 2) Construction of Site Utilities We request that the city design, construct and pay for the relocation of the sewer utility that presently runs through the middle of the site. This sewer main can be relocated on the south edge of the parcel of property. Weare also requesting that the City provide a water lateral from Third Street to the building so that our building will have proper water pressure~ I am told by the engineers at SEH that there is inadequate water pressure at Second Street. 3) Schedule of Sales! Construction! Occupancy It is crucial that we have a definitive answer from the City Council on April 16th, 1996 so we may then move forward with our marketing and promotion of the "The Stillwaters on the St. Croix" condominium project. Commencement date for sales'on this project would hopefully be April 29, 1996, Commencement date for construction is estimated as October 31,1996, Occupancy for this project is estimated for October 1997, e -2- e 5) Economic Benefits of this Proiect to the Community We estimate that this will be $15,000,000 in tax base for the City of Stillwater. I would also like to point out that our marketing surveys have shown us that the majority of these potential buyers are "empty-nesters", thus there should be very few children in this housing project. This is a great asset to the citizens of Stillwater because the property taxes are paying into the school district, but there are few children to further stretch the capacity of the school district. I understand that this is an aggressive schedule and you will have many things to think over in the next two weeks. But we truly feel this is a "win-win" situation for everyone involved and we look forward to getting started with this project. Rest assured that Gerrard Realty Corp will build and develop a project that the city can be proud of. Thank you. Sincerely, e .. Gerrard Realty Corp PTD/rla - ,- e " PLANNING APPLICATION REVIEW FORM CASE NO. SUPN/96-15 Planning Commission Date: April 8, 1996 Project Location: 301 South Second Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Gerrard Realty Type of Application: Special Use Permit and Variance Project Description: Special use permit for residential use in Central Business District, CBD, with a variance to the height requirements, 50 feet allowed, 70 feet and 7 stories proposed. The site is located on the edge of the Downtown Central Business District. Downtown Plan. The adopted Downtown Plan examined downtown parking needs and identified the sties at the corner of Olive and Second Street as the location for a downtown parking structure. Three sites were located in the plan; UBC retail, UBC storage and Olive Street parking lot (see map). The downtown plan indicates a need for 200 parking spaces in the South Main Street area The plan also indicated that certain downtown sites may be appropriate for multifamily housing. A site just north of the Desch Building along Main Street was identified as such a site, Comprehensive Plan. The recently approved (December 1995) comprehensive plan took a fresh look at future housing growth in the exiting city and through city expansion and identified sites along Second Street as appropriate locations for infill housing (see attached comp plan land use map and housing section page 6-3) The plan identifies the project location as an appropriate site for infill multifamily housing. The livable communities program also sets a goal for the city to provide attached housing. This site is one of a handful of sites in the city that could accommodate multifamily housing. e Project Utilities. The site is serviced by city water, sewer and storm sewer. A major sanitary sewer line runs through the site and will have be relocated. Water service will have to be obtained from Third Street and storm sewer runoff minimized. The storm sewer is at capacity and methods to reduce site runoff will have to be incorporated into the design of the project. The city engineer is reviewing the utility improvements necessary to service the project. The Fire Chief has indicated concerns for lack of access for fire protection. The applicant is aware of his concerns and will work with the fire chief to meet fire and building code requirements. Traffic Impact. The project contains 74 condominiums units and provides 2 parking spaces per unit plus guest parking. The city's traffic engineer has reviewed the projects traffic impact with the existing street system and concluded that the system has adequate capacity to accommodate trips generated by the project (see attached memo form Glen Van Wormer, 4-5- 96). Traffic conditions in the area should improve from the UBC use. Design Review. In August of 1995. the project applicant, Gerrard Realty, approached the city a council and requested city consideration of purchase of the UBC site from the city for a joint W housing/city public parking project. The council agreed to consider a residential use on the site so long as 100 -150 public parking spaces were provided. The council commissioned, at the request of the city's HPC, design guidelines for the site. The enclosed Bluff City Site Design Guidelines resulted. The Heritage Preservation Commission recently reviewed the project at its meetings of February 5, March 8 and April 1. At its April 1 meeting, the commission conceptually approved the project with conditions of approval regarding, signage, lighting, landscaping, materials, colors and roof treatment. The HPC felt the development concept followed the Bluff City Site Design Guidelines in terms of pedestrian orientation, setback, proportion and height, materials and finish and parking. Some commission members felt that design, materials and color selection could further break up and reduce the massiveness of the development (bluff city site design guidelines attached). Parking. The Downtown Plan identifies the need for 200 parking spaces in the South Main Street area. A purpose for the city's involvement with UBC was to secure the site for a public parking lot. The current housing development plans before the planning commission contains 165 parking spaces. The parking ordinance requires two parking spaces for each condominium unit or 148 spaces. The US West site, is being used as part of the project. The US West site currently contains .. 26 parking spaces. With the construction of the proposed project, parking for the US West .. building will be eliminated or reduced to six spaces. The building contains 14,000 square feet , . - and as an office use would require 47 spaces. Currently US West owns the building and uses it to house telephone switching equipment. Of the 14,000 sq. ft., there is 3,000 square feet of office space not used by US West. At some point in the future US West may move out. A new use would most likely need more than six spaces. With the purposed project in place, only six parking spaces would be available to support the building. To maintain the current parking availability for the US West building, 20 spaces should be provided on the proposed development site for US West use. These parking spaces could also be used as condominium guest parking after normal working hours. If the US West building was converted to some other non-office use, the shared visitor/US west Parking arrange may not work. Special Use Permit. A special use permit is required for residential development in the CBO Zoning District. The downtown plan and comp plan indicates the appropriateness for such uses areas in downtown locations, The proposed location is along Second Street at the edge of the downtown bluffline. Other uses along Third Street are residential. The proposed use is compatible with surrounding uses with the possible exception of Gordon Iron and Metal Yard across Second Street. Variance Setback - The required and proposed setbacks are shown on the site plan (first page of plan submitted). The CBO regulations require 15 front, 10 side, 20 rear. Exceptions in the CBO district can be granted for infilllots were setbacks can be similar to the adjacent building. The e proposal seems to fit the exception provisions. In this case, the US West building and other building to the north along Second Street are set at the front property line typical of downtown main Street development. The proposed development would continue the 0' setback pattern. Side or rear setbacks are next to steeply sloped treed or vacant lands with minimal impact on adjacent buildings. Height - The CBO height regulations allow a height of 50 feet or 4 stories. The proposed development contains 8 levels, two below grade garage parking levels and building components of various levels (4 - 6) above the parking. The site survey map shows site elevations with the building foot print overlayed on the site. The site slopes up to the south and west from 720 to 750,730 being the main existing site floor level, 740 around the edge and 750 up the slope. The floor of the first parking level is 721. The top level of the highest building element (along the south bluff is 800). For comparison purposes the CUB parking lot at 807.4. Using a site base level of 730 the highest building is at elevation 800 or 70 feet tall. To accommodate the 50 foot height limit two stores of the highest building component would have to be removed. . The site is unique in its location and topography and the building sits back from adjacent structures and the street. The highest element of the building is over 150 feet from adjacent buildings or pedestrian areas. For a variance to be granted the following findings must be met: 1. That a hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. - 2. That a variance is necessary for the preservation and enjoyment of substantial property rights; and that, if granted, would not constitute a special privilege not enjoyed by neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this title or the public interest nor adversely affect the comprehensive plan. Based on a review of the proposal the site conditions and exiting land use and comprehensive plan policy findings 1 and 3 can be made. Recommendation- Special Use. Approval. Finding: The project use is compatible with the downtown area and adequate parking is provided. Variance: Setbacks - approval. Heights - denial as proposed, reduce height in south building component. e Findings: The site is unique because of its location and topography. Other buildings in the area are set out to the front property line and adjacent buildings are setback from the proposed construction site because of topography. The height of the 70' tall building does not impact adjacent views. The main south building component is 70 feet tall. The required height is 50 feet (most of the building components conform to height requirements). Conditions of Approval: 1. The developer shall show evidence of ownership of US West building before project plans are approved. 2. Twenty (20) parking spaces shall be permanently set aside for US West building use in the parking structure. 3. A minimum of 175 parking spaces shall be provided on the developed site. 4. The US West building shall be used for office use only unless approved by the planning commission and city council. 5. Provision shall be made for the sanitary sewer line relocation, . 6. All fire protection concerns of the fire chief shall be addressed before building permits are . e . issued. 7, Storm water run off rates shall be reduced through project design as approved by the city engineer. 8. Exhibit "A" shall be the bases of design and building height approval. 9, The treed sloped areas shall be protected from development impact. 10. The city of Stillwater shall have assurances that 125 additional public parking spaces shall be constructed in a ramp over the Olive and Second Street lot. 11. Two parking spaces shall be provided for each residential unit (parking shall come with unit an not be provided separately). 12. The conditions of approval regarding landscape plan, lighting plan, signage, building materials and material colors from the Heritage Preservation Commission shall be meet before building permits are issued (DR/96-29). 13. A detailed grading, drainage/erosion control plan shall be approved by the city engineer before a building permit will be issued. 14. Park Dedication fees shall be paid for the project based on the new Park Dedication Policy. 15. There shall be no general resident acess to roof areas. Attachments: Application and plans Location map Site survey (topography) Memo from Glen Van Wormer 4-5-96 Memo from city coordinator 4-4-96 Letter from Fire Chief Letter from Ann Pung- T erwedo Bluff City Site Design Guidelines Comp Plan Housing Infill Policy CPC Action on April 8, 1996: +5-3 approval 61387824478 GERRARD REALTY CORP 126 P132 MAR 22 '96 15:29 r--'-'" Case No: Su P I/, :b-S- Date Filed: ' fee Paid: Receipt No. . . PLANNING ADMINISTRATION ~ORM ACTION REQUESTED: COMMUNITY DEVELOPMENT DEPARTMENT _ Certificate: of Compliance CITY OF STILl.WATER L Conditional Or Special Use Permit 216 NORTH FOURTH STREET _ Design Review STILLWATER, MN 55082 _ Planned Unit Development ~ Variance (+O:i,(l,.iI.I-,'<:.. ~ t..N \- \ _ ~ompreh.ensive Plan Amendmen t _ Zoning Amendment _ Subdivision _ Resubdivision Total Fee FEE(l) $70 $70/17Q (~\"",:". .0- $270 ll.(L~ $300 $300 $100+S50Ilot $50 ,.J The applicant is responsible for the coxnpleteness and accuracy of all fOIms and supporting material submitted In connection with any application. e "1 hereby state th4 foregoing statemtnts and all data, bifonnatilJn and evidence submitted herewith in all respects, to the best ofmy ktwwleage and belief. true and con-tet. I fil1ther certify 1 will compp with the permit if it is granted antlllsed." Representative ~""'lL( e,l,.\,lO(1' ~\Oll.l~/~ Mailing Address '36~ t5 ,,~~ te.N1"~I2.. pe\~ lo$'N '" ~, M SITE AND PROJEcr DESCRIPTION Lot Size (dimensions) ~O' x.$.C/Q.! Total building floor Area 1.1...1... I ~o sq, ft. LandArea fpll,4-f>6 ~ ~,.... Existing {!. sq. ft. Height of Buildings: Stories Feet Proposed '2.1:2., goo sq. ft. Principal B -.flli... Paved Impervious .Area 53; t:ifl:> sq. ft. l,' Accessory Number of off street parking spaces providedJ1a., PMt"'~ 7$1~ t.cNOO*,,\~)\)W4r';2.t:Do {I)ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION I REVIEW ftlwtJ~7 lb;'2.Do - Revised 9119195 e City of Stillwater e e . "";SeH MEMORANDUM o ST. PAUL, MN 0 MINNEAPOLIS, MN 0 ST. CLOUD, MN 0 CHIPPEWA FALLS, WI 0 MADISON, WI 0 LAKE COUNTY. IN TO: Steve Russell FROM: Lew Moran DATE: AprilS, 1996 RE: Conditional Use Permit and Variance Request Please find the enclosed "Planning Administration Form" requesting a Conditional Use of the U.B.C. Property as well as Variances for height and setback. The following descriptions are illustrative of the need for this request. e The site is currently not zoned to accommodate housing. Gerrard Realty is proposing to construct 65 condominium units and 9 townhomes on the site for a total of 74 residential units. The condominium units would range in size from 1250-1650 Square Feet. The townhomes would be 1800 Square Feet, 6 located on 2nd Street and 3 located on Olive Street. In order to complete this project, conditional-use would have to be granted to permit multi-family housing. The site and the immediate area includes areas of relatively flat topography, ranging from 719.0 - 730.0 in elevation, and substantial hills, climbing to over 808.0 feet in elevation. The building incorporates 2 levels of below-grade parking for residents and guests as well as 6 stories of housing. The proposed finished roof will be at 800.0 feet in elevation, a height well below the level of the Cub Foods parking lot which is at 807.0 feet. The building massing conforms generally to the elevation of 3rd Street, maintaining a similar profIle. The portion of the site previously used for lumber storage is at 730.0 feet in elevation, and is the area most level. The City Planning Guidelines provide for 50' in height, although the "Bluff City Site Design Guidelines", developed for the U.B.C. Site indicates that a building of "multiple massing" might be viewed positively if it also did not exceed "808.0 ft, and the profIle of 3rd Street which ranges from approximately 793.0 ft at the south down to 768.0 ft at the north." The current design conforms to these guidelines. In order to develop the property, a variance allowing for building height to exceed the 50' recommended limit for portions of the southernmost site would have to be granted. It is our belief that the additional height of the building would not affect views of the surrounding river valley. e Also, the local ordinance requires setbacks of 15'-0" front-yard and 20'-0" side/rear-yards. The current design includes the location of 9 townhomes located along 2nd and Olive streets, a design feature which enhances the street "presence" of the project while maintaining a massing which is similar to the U.S. West building, in that these townhomes are constructed at the property line. The "Bluff City Steve Russell Page 2 AprilS, 1996 Site Design Guidelines" indicates that the development of this parcel should consider maintaining a "downtown" appearance, implying the location of new development along the property lines adjacent to 2nd and Olive Streets. A variance would have to be granted to allow for the townhomes to be located along the 2nd and Olive Street property lines. In addition, an efficient layout of condominium and parking spaces requires that the building be located within the setback area along a short section of the western property line as well as along portions of the southern property line. It does not appear that this would unnecessarily encroach upon neighboring property. These areas have been identified on a site plan for your review. If I can be of additional assistance in illustrating these points, please call me at your earliest convenience. Ltm Enclosure C: P. Gerrard, M. Balay e e - ',;~I.:.: .' . ..... ""'" . . .:. " . . ,... '-....... .... .' :1:... :..... .....; .,'... ...... ....... . IlI-:SC:IOI'TION. HOTES: Orientation of this bearing system is assumed. o Indicates 5/8" 1.0. iron pipe set marked with a plastic plug inscribed fiLS 13774. Underground or overhead public or private utilities on or ad)3cent the p3rcel were not located in conjunction with this survey. unless noted otherWIse. Outside boundary was surveyed per parcel description furnished (see sheet 3 of 3 sheets). Adjoining parcel descriptions were not researched or compared with desc. furnished. Note fence line and bituminous pavement encroachment along the n'ly line. Contact the City of Stillwater Public Works Dept. at 439-6121 for field staking and exact loco of remainder of 40" San Sewer line loc. on this parcel. Exact loco presently unknown. This sewer line is not defined by easement. CERTIFICATE OF SURVEY UARRETT M. STACK STILLWATER, MINN, 55082 MINNESOTA RECISTERED UNO SURVEYOR Td. No. 439-5630 SUHVI-:Y MAI)~ ~:XCLUSIVEI.Y FOH. UNITED BUILDING CENTER, a.k.a. Laird Norton Co., 301 South Second St., Stillwater, MN 55082 Per Parcel Description Furnished: (see Sheet 3 of 3 Sheets) ~ EAS7 O.L /VE .5 7;€,E." E." T ~ JIJ./9 .- -- -... He c...~. d.. .J~ NW,~ '1. 3S _. 57z'zr'ls-tr IT ~ I ~ -I \1e:~r~ '" .. ... '" ... .3 ~ V) \0 I .. ~ " K'" .... lI) J ~.,." , . .. . ... I ~ . .. \; ~ I 1.".." /,/ .$~r ,.~ '" t:!;;tN; W""~l. ,z" ' ~ ... \ ~~ "'" . .. ~ ~ ;; ~ .::. ... iI.I"! '" ~ ~ ~ - J I.: I ~, '" ,/,- \ ~ ~ /),Y.G'Ld,PEP /I.PEA . "_ ""'''K4U :::=: === ~ ~-i Hrll. 'I'.,"r ..- 47Z-,."-I+r/J h".SIfI - ~ ' J- r.. &Mr. ~ 32tJ S~, Fr. t. !:: I HN"IKE , ]I.S'L'1f II' '.1"'. ~,.,.. ~ ~ ~ I':: ~~.~ ~ ~ ~ ~ ~ " ~ ~ t ,) ",.45..:'-\ ~ ~ 0 6",~ ""-':..-- \ l,f ,,__ ~ r~--~-L I 2/ 81.. /11. I'~ L., f'l (J tN' ,., ~ V- . . ~ 1.1') 35 8 ,.< L------ ,:>",'.:_ ~l': :'~'vl ~~''-~ .....,~- ~~ / ~.~_ :.,../,# ;r"'='A: -- ' Ode. 4/601-9 I hereby eertiry that this survey. 1,lan, "' '1'1"'" "a' prepared by me or unde, my direCI """" j,j..n ....I.h.. I am a duly Regislrt'ed !.and SUrvC)'II' un.le, ,I... I.." III :h~~~ I /#tfaso... ~ I I \ I 1_ IU~SP~ .:: At/P'Y \- I \ I L /1'4 ~5PN ~ .5r. \- tJ Date Sept 11 lQQ?Kcg.NII. 1J774 II 11111111111111111111111111111 1111111111111__111.11111111111111111111111111111111-_"1 " e e r illwater ~ - - - ~ THE BIRTHPLACE OF MINNESOTA ~ STATE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION PROCEEDINGS ORDER GRANTING SPECIAL USE PERMIT In the Matter of the Planning Case No. SUP/95-33 Request By: Andiamo Enterprises The above entitled matter came to be heard before the Planning Commission on the 8th day of May, 1995, on a request for a special use permit pursuant the City Code for the following described property: e 301 South Second Street - 10692-4700 LOT 26 BLK 29 LOT 26 N OF NELSON ALLEY EX N 22 FT & 10692-4750 LOT 26 BLK 29 PTS OF LOTS 26 & 27 BEING NLY 22 FT OF LOT 26 & SOUTH OF OLIVE ST ON LOT 27 OJuFnd T'tU~ eft ~t.w ~ Purpose: A special use permit to convert an existing lumber retail sales business and stroage buildings into a commissary (commercial catering kitchen), deli and future night club, banquet facility.' . ,,; Upon motion made and duly approved by the requisite majority of the Planning Commission, it is ordered that a special use permit be granted upon the following conditions: 1. Phase I deli/commissary area can be constructed with this approval. 2. The banquet/night club Phase II can be constructed to open when or after Second Street UBC storage lot is available for parking (Spring 1997). 3. All commissary venting shall be through the roof to minimize noise and visual impact on the area. 4. Exterior improvements for Phase II and III shall return to the Heritage Preservation Commission for review and approval before any Phase II or III improvements are made. 5. The deli shall be limited to seating for 20 people as proposed in the development. 6. The plans as approved by the HPC for the first phase improvements are the approval plans for the project. 7. All fire and building code requirements shall be met. 8. All employees shall park in the existing public parking lot at Second and Olive. - Dated this 18th day of May, 1995. ,4{ It - Steve Russell, Community Development Director CITY HAll: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612.439.6121 e e - ~, '0 ......,..-!! - I STFnT I N.' . I J '" J j I I I .,,-=:.. ' (j2~~' ij~' ... ._.",__ u -'''--, . .... It',,' ", . .,~'. I" " ..1,:-._ .~-t..':-~ "?i'~."; ..~~:." .~~"...' , ", ';1, i{ ,. .. ,"~ _. .. ~ g1 -:~$tI;. iI ,~'1.::; ~.' :,,~].;' (;f'~"'!..1J. - LJ. }tJt: ~ Ii', I l!' l;~,s' 0 't:iJ, If' '"2.:.:;d( ~i,'.;o..l' ,:,~. ;1;:'- ...tm' \. ~.;~; l' "~":7l~'.l.f ~.. lIII:~"~' . I"~; . ~~~ .'" ::.: ,'~. Dtj '("Sl.r~!r!?': il~ " .hi., \\>'^~.~~.~.,. , I.\~'!.;!!~l ". "I~:I.".1 "'l[]~' :.-.l~ ' ,i ,. .}.,~";~. '.S I -:t- 1_ ...vJt:J. t,',.' L..JI~'. "" ~ ',. .,;> , '. ;;.~~ @.',_~....J l':'.',~" .': " ';' ) ..~., ,lL.::> ".'1.1 ,:>".., J .. I I I , , . I I i I I "_0 J STAtU k I MIlD' I """,' ~ ') (j.;.t;:Z:.:.:'::;'~..\ (,... -""....... :~l) ~~__~~~).1I'l! _J .1!~~~ iIIt....:.:f"'....... ~-::... 'E PLA STILLWATER DOWNTOWN PLAN , p~"-,,, f\~ the trend to restore older houses continues. In the middle 1950's, many people chose to improve ...their houses. This trend seems to be occurring _gain in the early 1990's. Many houses that were listed as fair at the beginning of the survey have since been improved. Of the 3,742 structures surveyed, 64 percent were in good condition, 28 percent were in normal condition, 7 percent in fair condition and 1 percent in poor condition. The study concludes that approximately 300 structure are in need of minor or major repairs. This compares to 200 structures in 1980. Good condition housing is important to community character. The city would like to improve the condition of its existing housing and enhance the residential quality and character of Stillwater's neighborhoods. Quality housing requires adequate city facilities and services. The city can support residential development only in those areas where city facilities and services are viable or will be provided by the development. The city . e::;i11 extend utilities and services only into the most viable expansion areas and will maintain development fees at a sufficient level to finance infrastructure cost. Older neighborhoods should be maintained and upgraded. To that end, the city will seek the cooperation of the Washington County HRA and lending institutions for financing structural improvements and neighborhood investment. The city will endeavor through the development approval process to insure that Stillwater' community character, housing quality and physical and visual environment are preserved and improved and that natural features are incorporated into the design of residential developments. Infill Development and Affordable Housing e.rhe existing Stillwater housing stock is Stillwater's most affordable source of housing. Preserving the F~o /"'Y) {~I"Y} p P / C, r\ , ." stock of existing housing units in its neighborhoods especially around the downtown and in infill areas avoids expensive costs associated with new construction and extension of public facilities and services and provides sites close to exiting services and facilities. Regulations that encourage rehabilitation and infill are demolition control ordinances, housing replacement ordinances and sensitive code enforcement. Non-regulatory measure to promote rehabilitation and infill include infrastructure maintenance, reuse of city owned lands for infill housing, housing rehabilitation assistance programs, participation in first-time home buyer programs for existing housing as well as new housing. Infill Housing Infill hosing development promotes housing affordability by using existing infrastructure and services rather then requiring expensive extension of roads, water and sewer lines and other facilities. The city expansion areas are primarily residential areas and do not have mixed uses within close proximity of housing like the older existing city neighborhoods. New URTPA residential development is at relatively low densities, two - four dwelling units per acre in part to preserve open space and environmental quality. The new areas will have an extensive open space recreation trail system but be dependent on the auto for work and shopping trips. Car pool or van pool parking locations are designated in the plan. During the comprehensive planning process a hard look was taken at trying to create new city development areas in the spirit of old communities with a mix of land uses, high and low densities, wide architectural diversity, mix of housing types and affordability including assisted housing - less transit dependent more pedestrian oriented. From that review it was concluded that many of the planning and design principals of the past are 6-3 still viable but have to be applied to Stillwater's unique environmental setting and social-economic conditions. The over riding concern for newly developing URTPA areas is environmental quality and natural resource protection and rural character. This has been the trend since the early 1980's and has resulted in strict environmental protection ordinances and regulation. The environmental priority and regulations have effected the design possibilities and public acceptance of new urban density development. The URTPA is comprised of three areas. Each area contains unique natural resources that are safeguarded through this plan. An extensive trail and park system will be provided for the enjoyment of the neighborhood and the community at large. Each area will contain a range of single family housing, large lot, small lot and attached housing. Employment and shopping opportunities will not be provided within walking distance except for the R & 0 office park area, and public transportation will not service the new areas. Park and ride or car pooling lots will be provided for commuting to the Twin Cities and other distant employment locations. Infill opportunities within the City of Stillwater were studied and sites were located in the downtown and on the north edge of the West Stillwater Business Park areas. There is very little vacant land in the downtown but the City of Stillwater over the last five years has purchased or leased four parking lots that could provide sites for housing development in the air spaces over them. The lots are located along North Main Street and Second Street at Mulberry and Olive. As many as 300 multifamily housing units could be developed over these sites. As with all projects in the downtown, good design and fit is important for a project to be successful. Additional household in the downtown area would enliven the area as a residential area and support many of the downtown business. The Second Street sites would be particularly appropriate for additional senior housing. (Rivertown Commons, a senior project, located on Second Street has a 200 I person waiting list). Besides the downtown, the West Stillwater Business Park is developing as a new community center. Goods and services are provided within walking district of residential areas. Parks, trails and sidewalks have been constructed for pedestrian transport. Local circulation and MTC commuter bus services are available. A senior center and assisted housing is located near the area. e In the downtown, city services are in and could accommodate the development without additional infrastructure costs. While preparing neighborhood plans opportunities for small scale infill sites can be considered. Neighborhood character and fit will be an important consideration in older residential areas around the downtown as it is in the downtown. Innovative Zoning Techniques: Zero lot line, cluster and mix use zoning Innovative residential site planning techniques such as zero lot lines developments or cluster . development result in cost savings by allowing more compact lot sizes and arrangement of infrastructure at greater densities then possible using traditional zoning. e . ... The modification of development standards including minimum lot size, setbacks, street widths, off-street parking requirements maximum lot coverage, sidewalks and site improvements requirement reduce costs. Cluster zoning allows increased density on concentrated portions of proposed a development, reducing infrastructure costs and preserving open space. Cluster development is usually a part of a planned unit development, PUD, and combined with zero lot line development. The illustration shows a cluster development concept plan and describes the benefits of the urban cluster development. - 6-4 e e e PROPORTION AND HEIGHT 1) The current zoning ordinance sets a maximum of four storys or 50 feet for the height of the building as measured at the front of the property. The preliminary staff analysis as that rule applies to this site is halfway south on the east property line and straight up 50 ft. for determining the maximum elevation that any building on this site may not exceed. Examining an aerial topographic map of the site that elevation would be approximately 778.0 ft. Clearly though, development of the intensity being proposed will not be able to remain within this limitation nor would the proportion of a simple block building at this height no matter the use be acceptable in the cityscape. Modification to this requirement may be necessary to implement these design guidelines and accommodate the mixed use development. 2) The current zoning ordinance gives a specific definition of building height which changes based upon the design the roof of the structure: " Height, Building. The vertical dimension, measured from the average elevation of the finished lot grade at the from of the building to the highest point of ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof, to the average height between the plate and ridge of a gable, hip, or gambrel roof." 3) A more open ended height limitation would require "multiple massing" of any structure proposed and set absolute limitations for height at the surface elevation of Cub Foods building parking lot to the south, approximately 808.0 ft., AND the profile of Third street which ranges from approximately 793.0 ft. at the south down to 768 ftoo at the north. Any successful solution should relate height limitations to the topographic contours of the site and adjacent areas. This will produce a more custom but logical three dimensional height pocket for development. 4) Proportions on this site should apply to the view from downtown Stillwater as a whole into many small parts. The structure should not be a single are mass in distance view. It should be broken up visually into parts that are in proportion to the other masses of buildings in the downtown cityscape or the bowl around downtown. Also the proportion of silhouetted new building elements should respond to the silhouettes of St. Mary's church, St. Michael's church, and the Historic Courthouse which all protrude from the landscape canopy. Any proposed structure on this site will stay well below the profile of the landscape canopy. In winter many "below the bo\vl" structures are evident and should be considered for proportional consideration from the top of the bowl as well as in bowl locations e e e MA TERlALS / FINISHES-COLOR-FLXTURES-SIGNAGE-LIGHT~G-EQUIPMENT 1) The selection of materials for the exterior of the building should relate to other materials and colors appearing in the dO\vntO\\ol1 and read as a coordinated rational design. Appropriate colors include; dark slate gray for rooftop colors and Redbrick and gray limestone colors for \valls. 2) Developmental Submittals should utilize photographs and actual product samples to amplify and confinn the design drawings. Fixtures should be presented with technical data as well for analysis of size, color and functional impact. (see submittal requirement letter) 3) Signage should be represented by layout drawings with color selections to amplify perspective sketches. Signage on this site should be of a "micro" scale to provide identification, direction, and explanation NOT ADVERTISEMENT. The focus of signage should be at a pedestrian scale, not to be viewed from a distance as any part of the cityscape. An exception would be any retail space on Second St. which should be designed to the downtown standards for retail stores. 4) Presentation of representational drawings such as perspectives, and elevations with representational colors may only be presented on a preliminary basis, to assist the design team in detennining if the design is developing in a suitable direction, Final approval may only be completed when technical information is provided which further documents the representational drawings. (see submittal requirement letter) .. 5) Lighting on this site should be solely utilitarian. Project lighting should be solely for circulation. Exterior lighting at unit porches should be carefully designed so as not to set-up some visual pattern on the exterior of the building. The building faces should not be lit by any device active or passive. 6) The careful design of BOTH the front and back of the building is critical to a successful design. Frequently back elevations are relegated to less costly materials since they may not be as prominent. Care should be taken to place materials so that the viewing distance is taken into consideration with the selection of material. Visual perception of the material it's scale and color is important; not necessarily actual physical properties of the material need be used, when the distance of viewing also restricts tactile examination, e e e BLUFF CITY SITE DESIGN GUIDELINES ,.rv..-:.I: . -- HISTORIC DOWNTOWN Sl~ILL Wi\TER, MINNESOTA tit BLUFF CITY SITE DESIGN GUIDELINES PREPARED FOR CITY OF STILLWATER HERITAGE PRESERVATION COMMISSION AND CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT e MARI( S. BAIAY ARCHITECTS 226 E. MYRTLE STREET STILLWATER, MN 55082 (612) 430M3312 DECEMBER 1995 e e e e "Every increment of construction must be made in such a way as to heal the city. Every new act of construction has just one basic obligation: it must create a continuous structure of wholes around itself." Christopher Alexander from A New Theory of Urban DesiQJl e INTRODUCTION The purpose of the Bluff City Site Design Guidelines is to provide design direction for one of the remaining large vacant sites in the Downtown Area as sho\'vn on the map below. The Downtov.n Design Guidelines generally apply to the site and were used as a starting point for developing these more site specific guidelines. .' Bluff City Site Design Guidelines can be organizt:d in two areas,one context and setting guidelines to fit the project into the urban fabric and twospecific project design elements, Design areas such as proportions, height, setback, scale, materials and color provide direction for fitting site development into the overall cityscape. The Downtown is a place for pedestrians. Guidelines that help develop a pedestrian friendly project are building materials, colors, textures, access ways, sign age, lighting, parking and landscaping. By fonowing the Bluff City Site Design Guidelines, a project that fits in and enhances the downtown cityscape and is comfortable to the pedestrian can be ac~ieved. .' e SITE LOCATION * el I STILL\VATER DO\VNTO\VN [:l:~ I L ,'!) \ e. PEDESTRIAN ORIENTED DESIGN e 1) The current Stillwater DO\vntown Plan calls for the elimination ofvemcular traffic from Nelson Alley. Any development on this site should not rely on vehicular access from Nelson Alley. Nelson Alley will become a pedestrian way linking this site and the area to Main Street and the riverfront. Refer to the STILL WATER DOWNTOWN PLAN, December 1988 for further information 2) Pedestrian oriented design is a major factor along the East property line, Second St. south from Olive St. a) Coordination with entrances and exits to any parking garage levels should be carefully designed for safety and appearance. b) Pedestrian visual and physical access to the site should be encouraged with design elements such as lighting, plazas or arcades. c) Small tenant uses; personal service, and retail shops, should be considered along this street to promote pedestrian use and activity. d) Since there will be public parking in this shared parking ramp the design must support safe pedestrian circulation in and out of the public parking areas. 3) Pedestrians whom have parked in the Riverview Parking Lot at the northwest comer of Third and Pine above the site will be attempting to find their way to the downtown area. Possible pedestrian traffic through the site should be considered in the project design process. 4) lfthe site is extended to connect to Olive St. west of Second St., then pedestrian circulation from Olive street should be designed to create an attractive safe entrance through the use of lighting landscaping and specialty paving. e SET BACK e 1) The current Zoning Ordinance stipulates a 15 foot front yard setback at both property lines on Second and Olive Streets, and side and rear yards of 20ft. 2) Required public and private parking requirements for this site dictate the need for a parking ramp structure at the base of any constructed building. The actual physical structures required for the development on the site will therefore be located either in front of the parking ramp or above it. This will result in a proposed building of considerable size. Dependent on design additional setbacks \vill have to be negotiated beyond the required setback at the streets to consider a suitable intensity of development. 3) The current zoning ordinance earmarks sites like this one, with bluffs and ravines. for case by case consideration to protect the overall appearance of the downtown area, Any developer should consider incorporating additional building setbacks into the upper floors of proposed design solutions in order to address these site specific issues. In the case of this site, and the proposed use, the condominium unit elements will be the majority of the building's visual bulk and should reflect additional setbacks beyond those required or "step backs" at upper levels to be contiguous with the existing cityscape. 4) Adjacent structures are considered when applying setback standards. The building on the \ comer of Second St. and Olive St. is situated on the front property lines. Specifically the proposed design solution should reflect this on the Second Street elevation to maintain a downtown urban appearance. e View No.2 Distant View looking West up Nelson Alley ~"'-- 0'0 DC - View No.3 City Overview looking South .from distant Second Street tV1.... ~ l! l'~\{ ~lInu if .@:. ~t .....:::. _ _ \~~r~ i~~- rr= e ~:.t':" PARKING 1) The current city plan for this site is a public surface parking facility for approximately 100-150 cars. 2) In order to allow development of this site the public requirement of 100-150 spaces must be met above and beyond the number of parking spaces required for the proposed building complex. Based upon limited land area of this site this development requirement may only be physically met with the construction of a parking ramp structure integral with the other components of the building complex. The public parking portion of this facility must be readily accessible to the public. Parking ramps are considered an eventual need in the current do\'..-ntown plan. e 3) This proposed residential use will probably require a three level parking structure per initial calculations (75 to 100 condo units). Two parking spaces are required per residential unit. There is an obvious potential for shared public private parking since peak demand times for various activities may accommodate sharing. The parking structure design solution must be safe for public and private use. LANDSCAPING 1) There are two major divisions of landscaping "micro and macro" that define the design needs of this site: A- Macro- landscaping is the distance view of the plant materials on the site and surrounding area. In view #3 the site has a bowl of mature vegetation surrounding it that is essential to the current green appearance of the Stillwater cityscape. ACTIVE STEPS MUST BE TAKEN DURING ANY CONSTRUCTION ON THIS SITE, TO ASSURE THE CONTINUED HEALTH AND EVEN PROPAGATION OF THE EXISTlNG BLUFF PLANT LIFE. (The hill to the south is the property of Cub foods and the hill to the west is the property of the City.) e B- Micro-landscaping is the on-site view of planting materials which accomplishes pedestrian- oriented goals of defining space, directing views, and visual screening. The landscape regulations for the site require 20% landscape lot coverage and 80% building coverage, 0,1:05/96 10:33 FAX 612 490 2150 SEH ST. PAUL +'H STILLWATER ~ 002100,1 e ~SeJ MEMORANDUM y oe~,...., 'IN /~'W I. ~t./L.i I~ o MINNEAPOLIS, Mil! o ST. CLCfJD. MN o CHIPPE',.'IA FALLS, 'III U MADISON, WI TO: Steve Russell, Community Development Director City of Stillwater FROM: Glen Van Wormer Manager, Transportation Department DATE: AprilS, 1996 RE: Sti1I~atet,~rulesota Condominium Development Olive Street and 2nd Street SEH No. A-STILL9601.00 e As requested, we have reviewed the traffic impacts of the proposed high-rise condominium development at the southwest comer of the ~tersection of Olive Street and 2nd Street. The development is proposed to consist of 65 condominium units and nine townhomes. All units will be upscale and have approximately 1,500 square feet in the condominiums and 1,800 square feet in the townhomes. Most will have two bedrooms, with some having a single bedroom and a den. The development is a high-rise condominium in an urban setting which is close to entertainment, restaurants and shopping. It will generate trips at a rate lower than normal for a condominium and significantly lower than rates for single family units. The price, location and size also tend to generate less peak hour trips then normally found in condominium type developments. We anticipate that the development will generate 518 trips per day. The number of trips on Saturdays and SWldays will be reduced to between 300 and 400 trips. In the weekday p.m. peak hour, we anticipate the development will generate approximately 41 trips, with most being inbound. e Trips will be distributed primarily to the south. Until the new St. Croix River Crossing Bridge is built, there will be a higher percentage using 3rd Street to the south and some combination of 3rd Street, 4th Street, Pine Street and Churchill Street. With the completion of the new river bridge, higher volumes will then be found on Main Street to the south. Little traffic is anticipated to use 2nd Street to the south navigating to Chilicouth Hill. Few vehicles will use Myrtle Street to the west or Main Street to the north. We anticipate that, in the summer, prior to the new river crossing bridge, approximately 155 vehicles will use 3rd Street to the south each day. In the p.m. peak hour, there will be approximately 19 northbound and three southbound vehicles. Once the new bridge is built, this volume should drop to nine northbound and three southbound vehicles. At the same time, there 0-1/05/96 10:33 FAX 612 490 2150 SEH ST. PAUL +H STILLWATER ~ 003/004 e Mr. Steve Russell AprilS, 1996 Page 2 will be approximately 280 vehicles per day using Main Street to the south. Prior to the new bridge, there will only be approxiroately 10 northbound and two southbound vehicles added to Main Street in the p.m. peak hour. After completion of the bridge, this volume should increase to 18 northbound and five southbound vehicles. It is anticipated that most of the southbound traffic will use Neison Street to the Main Street traffic signal. The northbound traffic will turn either at Nelson Street or Nelson Alley. Some may use Olive Street. Volumes on Nelson Alley are anticipated to be five eastbound and six westbound vehicles in the p.m. peak hour. Nelson Alley should have eight westbound vehicles. In the a.m. peak hour, Nelson Street could see approximately 20 additional eastbound vehicles. During the winter, we anticipate that more traffic will tend to utilize Main Street because of the lower traffic volumes and because of the grades on Olive Street. However, the impact should be less because of the significantly lower volumes of traffic on Main Street during the winter. Based on this analysis, it appears that only noticeable increase in traffic volumes will be on eastboW\d Nelson Street in the a.m. peak hour (20 vehicles), and on northbound 3rd Street and e eastbound Ollve Street in the p.m. peak hour (20 vehicles prior to the new bridge construction). This equates to approximately one vehicle every three minutes. In downtown Stillwater, it is unlikely that this will add to the existing traffic problems. Very little of the traffic generated by this development will go through the major congested intersections of Main Street at Chestnut Street and Main Street at Myrtle Street. If you have any questions or need any of the background information, please call me. tlo c: Dick Moore, sm Tom SohrWeide, SEH e e e e S~ 'lllee 'Z)~ ~~~~ ~ 1(/. '1ku" 9tu ~ " I April 4, 1996 MEMORANDUM TO: Heritage Preservation Committee / (...,#I~ FROM: George W. Ness, Fire Chief t' .~ SUBJECT: Gerrard Realty / V.B.C. Site Development The Stillwater Fire Department has some concerns about the project located at 301 South Second Street in Stillwater. The department needs to know what, if any accessibility, we might have in placement of our equipment, should there ever be a fire at this complex. We need to be able to place our equipment in the courtyard area as well as completely around the entire perimeter of the complex. . The Stillwater Fire Department would like these issues addressed before this project proceeds. If you have any questions please give me a call. ~~You,J ( .( !JLa?f.L C</- ~ George W. Ness, Fire~hief 216 'JtMd, ~ SNee, ~tR- '>>e'Jt 5S()9'2 (612) 439-612() (612) 439-1319' (612) 439-1313 I<u (612) 439-()456 e e e MEMORANDUM o ST. PAUL, MN 0 MINNEAPOLIS, MN 0 ST. CLOUD, MN 0 CHIPPEWA FALLS, WI 0 MADISON, WI 0 LAKE COUNTY, IN TO: Steve Russell FROM: Lew Moran DATE: April 5, 1996 RE: Fire Suppression Systems Weare aware that George Ness has several concerns relating to the fIre suppression systems to be included in the Gerrard Condominium development. We have had a preliminary discussion with him regarding their conceptual design and will be meeting with him upon his return to Stillwater, In the mean time, it may be important to note that the building and parking garage will be constructed of non-combustible materials, it will be sprinkled and will have a complete fIre detection and notifIcation system. In addition, we will work with our mechanical and electrical engineers to assure that the building systems fully support the fIre departments need to protect residents and fIre fIghters in the event that a situation develops. Itm c: M. Balay, P. Gerrard e April 2,1996 Steve Russell Community Development Director City of Stillwater 216 N. Fourth Stillwater, MN 55082 Dear Steve, Thank you for the opportunity to comment on the use and design for the proposed downtown condominium project on Second Street. The project fills a need in the do~mtown area and in the Stillwater area for high density, low maintenance housing, The housing also balances the uses in the downtown area. Since the late 1970's, the dovmtown has become a retail center, orientated to .' the visitor. By providing housing, that balance may shift to more of a locally based, downtown market which may cater more to the community. e The townhouse walk-ups on Olive and Second Street are appropriate because they add to the character of those streets. Historically, Sti1lwat~r may have built walk.ups around the dowtown area. The brick building materials, detailing and roof elements are also appropriate. My greatest concern about the project is the large mass of buildings against a bluft1ine without the trees or vegetation as a background to break up that image. Since the Second Street facade reflects the images of a number of buildings, the materials do not; even though they have used brick. This leaves the impression ofa campus or institution in the overall design orthe project. The overalJ 70 ft. height of the structures is also a conCern, The Downtown Design Guidelines and the zoning ordinance limits the height to four stories, 50 feet maximum, or within 10 feet of the adjacent buildings. These regulations were adopted in order to maintain an overall quaint, small town image of the downtown area, As 1 recall, we used the Staples Block as a maximum building height. I realize that the lot is quite deep and there is room for additional height but be- cause the mass of the building the whole project overwhelms the Downtown area. If the mass were reduced, maybe one of the towers could be 70 feet in height. e Thanks Again! t RegarB~:--~ np~~~ ~~--'--n '- \ce,t,I. UJ'eQLQ) e e e MEMORANDUM TO: Stillwater Planning Commission FROM: City Coordinator SUBJECT: Gerrard Development Proposal DATE: April 4,1996 I have the following comments and/or concerns in regards to the development proposal of Gerrard Realty: First of all I am concerned about the size of the development. The "mass" of this development appears to be considerably larger than what I thought was originally proposed. It now encompasses every square foot of ground available at the site and it also exceeds the height limit that has been established for this land use area. However, this is only a secondary concern. The Primary concern I have is the loss of available parking space this development will create. The UBC site was purchased for the purpose of building a parking lot at this location. This development will now eliminate this parking lot which could have been constructed at a cost of approximately $200,000 instead of the $1.2 to $1.5 million that will be required for a parking ramp at Second and Olive Streets. Even if the City were to sell the land at the $600,000 figure that is being proposed, there will still be a $600,000 to $900,000 financing need. Given all of the projects/improvements that are on the drawing board for the City at this time, the City will be hard pressed to find a source of funds for the parking ramp-even if a Parking District is established. However, It is not only the cost of the lot that is of a concern to me, it is the also the loss of the parking space capacity that is of greater concern to me. For example, just about every conversation I have had with business people and local residents, parking problems still exist in the Downtown area. Although I believe that the parking problems are more of a perception than an actual problem, this perception may be discouraging some people from shopping in the Downtown area. This leads me to believe that the City must still do more to provide parking in the Downtown. It is fortunate that we have the potential for a parking ramp at Second and Olive Streets. On the other hand, given the present parking problems and the potential for future parking demandslrequirements, I question whether a parking ramp alone will meet the future needs. It may be that a lot on the UBC site and a parking ramp may be needed in the future. For example, the business that is being proposed by Mr. Richard Anderson at the former UBC Lumber Store will require (according to Mr. Anderson) at least 102 additional parking spaces. This approaches the capacity of the future parking ramp and points out the need to consider further parking requirements.. e In regards to the future parking needs, a question must be asked about the future re-use of the National Guard Armory. What will the re-use be and will the re-use create additional parking needs? How and where will these needs be met? What other buildings in the Downtown area have the potential for creating additional parking demands? I would suggest that the City closely examine the parking issue to answer these questions before allowing this project to go forward. I realize that this housing project is something that is desired by many of the people who have reviewed the project - especially for this site. And I also think it is commendable that the development itself will provide enough on-site parking so as to not create any demands for the on- street or parking lot spaces. However, as I have said, the total use of this site for the development may help perpetuate real and " perceived" parking problems in the Downtown area. I would also recommend that the traffic patterns related to a development of this kind (and scope) be studied to ensure that the area has the capacity to handle the increase in average daily traffic created by the development. Finally, I would also recommend that the storm sewer system in this area be studied to determine how the large amount of impervious surface created by this development will impact on the existing storm sewer system. I recall some capacity problems in past years and I am concerned that the system be capable of handling this increased runoff. e " /)fA e \ 11 e e e CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council 4-- S /,/ FROM: Klayton Eckles, City Engineer DATE: April 12, 1996 SUBJECT: Utility Relocation Study for the Gerhard Condomium Site (Old UBC Site) DISCUSSION Attached is a study completed by SEH which analyzes the cost of relocating the sanitary sewer on the old UBC site. It also analyzes the cost of providing an 8 inch water main stub off of south 3rd to this property. As the report points out the total cost is less than $50,000.00. RECOMMENDATION Staff recommends council review this information. No action is necessary on this issue at this time. .' -II .." e "'SaI 3535 VADNAIS CENTER DRIVE, 200SEH CENTER, ST PAUL, MN 55110 612490-2000 800 325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A T/ON April 12, 1996 RE: Stillwater, Minnesota Nelson & 2nd Street Sewer Relocation SEH No. A-STILL9611.00 Honorable Mayor and City Council City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mayor and Council Members: As you requested on April 2, 1996, we have undertaken a preliminary study of the relocation of sanitary sewer on the former U.B.c. site between 2nd and 3rd Streets at Nelson Street. This sewer relocation will be necessary if the proposed development for this site is constructed. As a part of the preliminary study, certain assumptions were needed to provide a reasonable construction cost estimate. The exact location of the sewer beyond the manhole west of 2nd Street is unknown. This will be located at the time of construction. We used old City records as a reference for sewer alignment and grade. We also made assumptions as to the location and depth of rock, based upon our past experience in the area. e The proposed sewer alignment would intercept the existing sewer near the rock outcropping close to the rear of the site. The new sewer would be constructed adjacent to the rock outcropping on the south side of the site outside the proposed building footings. The sewer would then be constructed down 2nd Street to a connection to the existing manhole at Nelson Street. The proposed sewer alignment is indicated on the enclosed drawing. The water service is proposed to be tapped into the existing water main on South 3rd Street to assure the proper amQunt of pressure. The water service is to be stubbed to the property line in keeping with City policy. H the developer does not own the property to the right-of-way of 3rd Street, arrangements will need to be made for an easement to connect to the water service from the proposed development. The water service is also shown on the enclosed drawing. We are proposing an 8" stub. We have estimated the cost of sewer relocation and water service at $47,719 which includes replacing the concrete pavement, bituminOUSjaVement, pipe and rock excavation, and 35% for contingencies, engineering, administration an legal. We would be pleased to discuss this estimate with the Council at your convenience. e ~~' ~..e-. ~oore,p.E. tlo Enclosure SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER .. ..~. f . -;." e e e ~~ 1- = 2001 RELOCATE SEWER LEGEND · . PROPOSED SANITARY SEWER o . 0 EXISTING SANITARY SEWER .. PROPOSED WATERMAIN -1- EXISTING WATERMAIN "seH SEWER RELOCATION NELSON ST. & SECOND ST. FILE NO. STILL9611 ENOINEERS8NK117CCTS11PI.ANNERS .. .f 'sT'K..LWATER, MINNESOTA NELSON ST. & SECOND ST. QUANTITIES SEH NO. STILL9611.00 Engineer1s Estimate 09/96 TOTAL TOTAL ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST Street 1 Remove Concrete Pavement S.Y. 70 5.00 350.00 2 Aggregate Base, Class 5 (100% Crushed) TON 80 8.50 680.00 3 Type 41 A Wearing Course Mixture TON 15 26.00 390.00 4 Type 31B Base Course Mixture TON 15 23.00 345.00 5 Bituminous Material for Tack Coat GAL. 6 1.25 7.50 6 Concrete Pavement LUMP SUM 1 2,240.00 2,240.00 7 Rock Excavation C.Y. 215 40.00 8,600.00 8 Granular Backfill (Replacement) C.Y. 425.00 7.50 3,187.50 Street Subtotal: 15,450.00 Watermaln 9 8" DIP Water Main, Class 52 L.F. 45 18.00 810.00 10 Ductile Iron Fittings LB. 45 1.75 78.75 11 8" Tapping Valve & Sleeve & G.V, Box EACH 1 2,600.00 2,600.00 Watermaln Subtotal: 3,488.75 Sanitary Sewer 12 24" DIP Sewer, 5'-8' L.F. 60 40.00 2,400.00 13 24" DIP Sewer, 8'-10' L.F. 25 42.00 1,050.00 14 24" DIP Sewer, 10'-12' L.F. 80 44.00 3,520.00 15 24" DIP Sewer, 12'-14' L.F. 40 46.00 1,840.00 16 24" DIP Sewer, 14'-16' L.F. 40 48.00 1,920.00 17 24" DIP Sewer, 16'-18' L.F. 40 50.00 2,000.00 18 Standard Manhole, 8' deeo EACH 2 1,100.00 2,200.00 19 Excess Manhole Depth L.F. 11 100.00 1,100.00 20 Drop Manhole L.F. 20 150.00 3,000.00 Sanitary Sewer Subtotal: 12,580.00 Total Project Estimated Cost Street 15,800.00 Watermain 3,488.75 Sanitarv Sewer 16,030.00 Subtotal: $35,318.75 + 35% Cont.. Ena.. Leaal & Admin. $12,400.25 Grand Total: $47,719.00 e .... . . i '. I ::: Aori116. 1996 To: The Stillwater City Council Notice of AODeal- Case No. DP/SuoN-96-15 You are hereby notified that the undersigned who is an interested party in the above matter hereby appeals the decision of the Stillwater Planning Commission relating to the above matter taken at its meeting of April 8, 1996 relating to the granting of both the variance and the special use pennit. I am a property owner and occupant of residential real estate located at 419 S. 2nd Street, Stillwater. I am appealing the decision for the following reasons: 1. I am of the opinion that the granting of the variance is at odds with the requirement that the applicant must demonstrate hardship peculiar to the property. As Mr. Russell correctly points out in his April 11, 1996- memorandum to the City Council, personal, family or financial difficulties, losses of prospective profits and neighboring violations are not hardships justifying a variance. As I understand his memorandum, he recommends denying the variance request. The planning commission minutes do not contain any discussion let alone any justification which would substantiate a finding of hardship. There is no justification for the finding of hardship. Our Court of Appeals in a decision involving one of our neighboring communities said that if an applicant for a variance purchases property with actual or constructive notice of a zoning ordinance's restrictions, then its hardship is self-created and does not constitute undue hardship within the meaning of Minnesota Statutes 462.357 Subd. 6 (2). Castle Design and Development Co.. Inc. v. City of Lake Elmo. App. 1986.396 N.W. 2d 578. The only conclusion that one can draw is that there is no legal way that the City of Stillwater can grant a variance in this case because the applicant clearly is aware of any hardship which exists and is presently not the owner of the property. 2. I am of the opinion that Mr. Van Wormer's traffic analysis is inadequate. He does not discuss the present traffic conditions at the site. He does not discuss the fact that Nelson Alley is a narrower than nonna! street (alley actually) which of necessity has sidewalks on each side and building which abut directly on the sidewalk. There is currently parking on one side oniy. The intersection of 2nd and Nelson Alley is a dangerous intersection because the terrain obstructs vision. Nelson Alley traffic is currently stopped before it enters 2nd Street. That stop sign was erected after a number of accidents at that intersection. I can personally attest to at least one of the accidents. Similarly the exit from the development to 3rd Street over Olive which Mr. Van Wormer suggests as an alternative is also a difficault and dangerous intersection because of the terrain. Entering 3rd Street from Olive is difficult during all hours of the day because 3rd Street is an extremely busy street. There is already a significant source of traffic on that street from the Cub Foods development. 3rd Street and 2nd Street are the only entrances to down town from the south except Main Street. 2nd 1 Street is closed from November through March. A cursory inspection will reveal that the route over Olive to 3rd street will frequently be unusable in winter months both east bound and west bound. I have lived in this neighborhood for more than 25 years. Second street traffic years ago was very light. That is no longer the case. Parking is only permitted on the east side of Chilicouth Hill. In years gone by the only parking on Chilicouth Hill occurred during events such as the 4th of July. During the past summer it was my observation that the entire length of Chilicouth Hill was parked full on most Friday and Saturday evenings and frequently on Saturday afternoons. I think that the present traffic congestion and the present difficulties of parking are much more severe than Mr. Van Wormer apparently realizes. In fairness he apparently did not make any attempt to analyze the present conditions or ifhe did he does not make any comment. I think that any analysis of traffic and parking problems relating to the proposed project which does not address the present problems is not really an analysis. Entrance from Nelson Alley to Highway 95 on evenings and weekends is very difficult and time consuming at the present time. I would suggest that an automobile waiting to make a left: turn from Highway 95 to Nelson Alley west bound would be a very bad traffic impediment to the already terrible situation which exists. It would be impossible on Olive Street. The realities are that this large development is in effect being proposed for what is essentially a dead end street. There is no reasonable means of ingress and egress for a development of the size proposed. 3. The parking problem should be resolved on the site. It is difficult for me to tell from the information I have exactly how many on site parking places are planned. Certainly two per unit or 148 for the proposed 74 units is a bare minimum. That makes no provision for visitor parking. If I read the proposal correctly, 165 sites are proposed. I assume that if the units are as proposed two car families would be the nonn. There is no reason in planning this development to create additional parking problems for an already over burdened system in the down town area. It appears to me that the City originally was willing to consider the possibility of this development with the understanding that the developer would provide 100 to 150 public parking places. I have read the developer's proposal of April 12, 1996 and wonder in what respect that proposal could be construed as one under which the developer is providing additional parking. It would appear to me that an up-front cash contribution from the developer to the city which compensates the City for its abandonment of a parking lot on this site and the construction of an expensive ramp on the Olive street site would be in order. The City should not be in a oosition of oavin2 real estate taxes. develooment fees and lease oavments on a oubUc oarkin2 lot as the develooer oroposes. 4. I do not object to the granting of a special use permit for a residential use in this district, but I do object to the granting of such a permit for the proposed use because it does not take into consideration the problems associated with the downtown site. It pushes the density to the limit. It 2 . . . . . Ie makes the parking problems more severe. It intensifies an already disastrous traffic problem. If the City accedes to the developers request that the City assume the costs of sewer, water and storms sewer improvements required, the land cost per proposed unit of the development is only $8,000.00. When the proposed development is for units costing upwards of $175,000.00 per unit, that per unit land cost is clearly not excessive. Mr. Moran said at the planning commission meeting that he believes the proposed number of units is the minimum number to make the project viable. That comment is not relevance to the issue of whether or not the variance and special use permit should be granted. The planning commission and the city Council need not concern themselves with the viability of the project. Since this is not a permitted use, a variance has been requested and the City presently owns the property, the first consideration and only consideration should be the impact on the health of the City's down town and the City as a whole. For the reasons I have set forth I do not believe that the project should be approved unless it is scaled down considerable. If that makes the project economically impractical, the project should be abandoned. I believe that Mr. Weidner's comments as reported in the planning commission minutes are well taken. 5. I might add that I do not object to the project because of any impact the project might have on my own property. Frankly even though it is directly across the street from my home, I doubt if I could even see it in the summer months. Except for the traffic and parking problems which I am confident this project will generate, I suspect the lumber yard created more noise and distractions than this development would create. I simply do not believe that it is in the best interests of the City. I think the City should use the leverage it has in this situation to have either a development which is well suited to the City or no development at all. Respectfully submitted, .a/~ 'Harold D. Kimmel 419 S. 2nd Street Stillwater, MN 55082 (612) 439-4697 3 . ... e e 'e ,. MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P,O, Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 . TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODlE ARVOLD DA:-.iA SCHAUER MEMORANDUM TO: Jay L. Kimble - Mayor; City Council and Staff David T. Magnuson, Stillwater City Attorney::;;:V^,,\ April 12, 1996 FROM: DATE: RE: Colonial Craft Redevelopment Agreement I enclose for consideration by the City Council the final fonn of Redevelopment Agreement that has been approved by Colonial Craft and proposed by them for adoption by the City Council. The document represents negotiations between the City and Colonial Craft that have been ongoing for nearly a year and the final draft has been reviewed by Steve Russell, Diane Deblon and myself and we are satisfied that the document represents the fulfillment of the commitment the City made to Colonial Craft to pursue assistance for relocation of their manufacturing facility to the City except for one aspect of the document that concerns Finance Director Deblon enough that she recommends disapproval. The initial offer to Colonial Craft envisioned that the City would retain fifty percent (50%) of the Tax Increment from the facility and that amount would roughly equal the amount of the purchase price and holding costs for the City acquisition of the real estate on which Colonial Craft will locate. The Finance Director voiced concern earlier that the amount of land being purchased has increased and holding costs increased and the City costs expected to be in the neighborhood of five hundred sixty thousand and no/loo dollars ($~QOO.oo) may now exceed six hundred thousand and no/loo dollars ($.900,000.00) and that the City's 1rare of increment might not cover its expenses. /lot> The latest draft raises the Finance Director's concern since it provides that in addition to the fifty percent (50 %) Tax Increment' promised by the City, additional increment will be paid to Colonial Craft in an amount equal to the portion of a qualifying deted grant that would be initially provided to the City for loaning to Colonial Craft. The additional increment would be equal to one-half (112) the amount the City would be entitled to retain once the loan is repaid to the City. Jay L. Kimble - Mayor, City Council and Staff Page 2 April 12, 1996 The maximum qualifying grant for this type of facility would be four hundred thousand and nol1oo dollars ($400,000.00) and this would be made available to Colonial Craft in the form of a loan. When the loan is repaid, however, the City would be entitled to retain two hundred thousand and no/lOO dollars ($200,000.00) of the initial grant for its own use for purposes. One-half (1/2) of that amount, or one hundred thousand and no/1oo dollars ($100,000.00) would be the maximum additional increment that the City would make available to Colonial Craft. If that were discounted for its present value and amortized over seven and one-half (7 1/2) years, Colonial Craft could receive more than fifty percent (50%) of the increment in each year and thereby further increase the possibility of the project resulting in a deficiency in this development account. Further, the Finance Director points out that in the event of a default in the loan repayment, the City would be obligated to payout TIF funds that would not be repaid by the repayment of the qualifying grant loan. ,.. '" e However, the ultimate benefit to the City would be the long term presence of a manufacturing facility in the industrial park since after seven and one-half (7 1/2) years, the City would be entitled to collect one hundred percent (100%) of the increment during the remaining life of the district and then retain the _ taxes for the facility as part of the City's general tax levy. At that point, the City, the County and the .. School District all benefit from the increased tax base that would not be available at all if not for the incentives provided to Colonial Craft to move here in the first place. Questions such as this that involve balancing the interests of the community are reserved for the City Council and rest with their discretion. Staff will be happy to discuss this further upon Council request. DTM/ds Enclosure e'. .. J e RESOLUTION NO. 96- APPROVAL OF AGREEMENT FOR PRIV ATE REDEVELOPMENT BETWEEN THE CITY OF STILL WATER AND RASMUSSEN MILL WORK, INC. D/B/A COLONIAL CRAFT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement between the City of Stillwater and Rasmussen Millwork, Inc., d/b/a Colonial Craft for private redevelopment, hereto attached as Exhibit A, is hereby approved, and the Mayor and appropriate city staff are authorized to sign said Agreement. Adopted by Council this 16th day of April, 1996. Jay Kimble, Mayor ATTEST: e Morli Weldon, City Clerk e . I - MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made this 17th day of April, 1996, between the CITY OF STILL WATER C'~ity"), a Home Rule Charter City of the Third Class, having its office at City Hall, 216 North Fourth Street, Stillwater, Minnesota, and RASMUSSEN MILLWORK, INC. (a Minnesota corporation) DfBl AJ COLONIAL CRAFT ("Redeveloper"), having its office at 2772 Fairview Avenue North, St. Paul, Minnesota 55113. I. STATEMENT OF AUTHORITY AND PUBLIC PURPOSE 1.1 AUTHORlTY. The City has authority pursuant to the Minnesota Tax Increment e Financing Act, found in ~9.174to g469.179 of the Statutes of Minnesota as amended, to finance certain eligible costs with tax increment revenues derived from tax increment finance districts established. pursuant to the Minnesota City Development District Act, found in ~9.124 through ~469.134 of the Statutes of Minnesota as amended. 1.2 PUBLIC PURPOSE. The public purpose that is furthered by this Agreement is the improvement of the tax base and the tax revenue generation capacity of the City, the increased employment opportunities within the City. the realization of comprehensive planning goals contained in the Comprehensive Plan, and the revitalization of property to create an attractive and efficient area for housing. commercial development and other related uses. 1.3 "BUT FOR" AND OTHER SPECIAl. FINDINGS. That the property to be acquired by the City and made available to the Redeveloper and proposed for development (lithe e Redevelopment Property") is located within Tax Increment Financing District No.1, established on December 12, 1985. and modified February 21, 1989. to adopt a project and a project area, a portion of which was intended for municipal industrial development as defined in Minnesota Statutes e Chapter 469 J as amended and, any other similar present or future federal, state or muoicipal legislation. That the Redevelopment Property was a part of the original project but has remained undeveloped since the adoption of the program and the COlmCil finds that the development proposed by the Redeveloper qualifies for tax increment assistance and that because of extraordinary costs associated with site acquisition, site development, soil corrections, drainage improvements, landscaping costs and costs of installation of utilities, roads, sidewalks and parking facilities, the project would not occur without the Tax Increment assistance provided by this Agreement II. DEFINITIONS 2.1 In this Agreement, the following definitions will be used: e "Available Tax Increments" are those Tax Increments received in the six (6) months prior to a Scheduled Payment Date with respect to the Redevelopment Property. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit tIC" attached and made a part of this Agreement. "Construction Plans" means the plans. specifications, drawings and related documents of the construction work to be performed by or on behalf of the Redeveloper on the Redevelopment Property . "Out-of-Pocket Expenses" means those out-of-pocket expenses incurred by the City in acquiring and holding the Redevelopment Property until the date on which it is conveyed by the City including engineering, legal and other consultants' fees, closing costs, insurance premiums, title insurance premiums, real estate taxes, special assessments and the cost of any funds used to finance the acquisition and holding which, for the purpose of this Agreement, will be computed at eight percent (8%) simple interest per annum. Interest on all Out-of-Pocket Expenses will be computed at the rate of eight percent (8%) simple interest per annum from the date incurred. "Private Improvements" means the improvementS consisting of a millwork assembly and distribution facility of approximately 65,000 square feet in size. e 2 e e -- I "Project Area" means the real estate described in Tax Increment Financing District No. 1. "Qualifying Grant" means any grant which is awarded to assist the Redeveloper in ronstructing the Private Improvements if, as a result of such grant, the Redeveloper will repay all or a portion of such grant to the City and the City will be entitled to retain such funds for the City's use. "Redevelopment Property" means the real estate described in the attached Exhibit "A". "Scheduled Payment Dates" means the first day of each September and March during the approximately seven and one-half (7Y:) year period following the date on which the City first receives Available Tax Increment; it being the intent of the parties that the Redeveloper shall receive fourteen installments of Available Tax Increment "Tax Increment" means the tax increment received by the City from the construction of the Private Improvements on the Redevelopment Property as defined in :Minnesota Statutes Chapter 469. III. ACQUIsmON OF REDEVELOPMENT PROPERTX 3.1 The City agrees to acquire the Redevelopment Property and to sell it to the Redeveloper for the sum of one and no/loo) dollars ($l.00)t on the consideration and subject to the limitations described in this Agreement. 3.2 The Redevelopment Property will be deeded to the Redeveloper by Redevelopment Deed that will contain a right of reverter in the City that ,-"ill provide that titk to the Redevelopment Property will revert to the City if the Private Improvements are not substantially completed by December 31, 1998, because of circumstances within the reasonable control of the Redeveloper. 3.3 In order to preserve the Redevelopment Property for the Redevelopert the City bas entered into a Purchase Agreement for the purchase of the Redevelopment Property and will complete the purchase and hold the Redevelopment Property availabl~ for conveyance. The conveyance to the Redeveloper will not be made until the condition precedent in ~8; 1 has been 3 satisfied. If such condition has not been satisfied on or before January 1, 1998, the City will have the right to termin~t~ this Agreement Upon such tennination of this Agreement, the City shall have the right to dispose of the Redevelopment Property in a commercially reasonable manner. In such event, the Redeveloper will be responsible for and agrees to pay the City the amount of any deficiency between the amount received from the sale and the Out-of-Pocket Expenses (including the interest thereon) incurred by th~ City, but only if the Redeveloper is not willing to purchase the Redevelopment Property from the City, within one hundred twenty (120) days after the date on which this Agreement is terminated, for a purchase price equal to the sum of the Out-of-Pocket Expenses (including the interest thereon) incurred by the City. IV. TAX INCRRMENT PAYMENTS 4.1 After completion of the Private Improvements, the City agrees to pay to the Redeveloper: A. 50% of the Available Tax Increments; plus B. If a Qualifying Grant is obtained, an additional portion of the Available Tax Increments in an amount equal to one-half of the discounted present value (discounted at a rate equal to one hundred (100) basis points above the published discount rate for the Federal Reserve Bank of Minneapolis) of the total amounts (including interest) that the City will be entitled to receive and retain for the Cityls use as a result of such Qualifying Grant. 4 e e e e The Available Tax Increments will be paid in fouxteen (14) installments each payable on the first day of each September and March commencing on the year in which the City first receives Available Tax Increment. 4.2 Each payment will be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper at an address to be designated by the Redeveloper. 4.3 The payments are payable solely from and only to the extent that the City has received, as of a Scheduled Payment Date, Available Tax Increment. 4.4 This obligation is not payable from or will not constitute a charge upon any funds of the City and the City will not be subject to any liability or be deemed to have obligated itself to pay from any funds except the Available Tax Increment. 4.5 The Redeveloper will never have or be deemed to have the right to compel any exercise of any taxing power of the City and neither any Council member, officer, employee or agent of the City shall be personally liable for the payment of any funds. V. REDEVELOPER ACTION 5.1 The Redeveloper must construct or cause to be constructed the Private Improvements on the Redevelopment Property. e .. VI. ELIGffiLE COSTS 6.1 The Redeveloper will provide to the City assurances satisfactory to the City that the Available Tax Increment to be paid to the Redeveloper are for the reimbursement of costs incurred It by the Redeveloper that are legally permissible and qualifying costs and are eligible for 5 reimbursement by the City pursuant to the Minnesota Ta'l( Increment Statutes ~9. I 76, Subd. 4j and ~469.l74. e VII. NOT FOR SPECULA TIO~ 7.1 The Redeveloper promises to the City that the Private Improvements are not being built for speculation. Improvements by the Stillwater Building Official, the Stillwater Community Development Director (neither of which will be unreasonably withheld, conditioned or delayed) and, if required, pursuant to Stillwater Ordinances, the approval of the development plans by the Planning Commission or the City Council. B. The gTanting by the City to the Redeveloper, or the Redeveloper being entitled to receive, a Certificate of Completion for the Private Improvements It 6 e e It c. without any substantial deviation from the plans initially or subsequently approved by the City. Execution by the Rede....eloper of an Assessment Agreement in the form attached as "Exhibit B.I . IX. GENERAL PROVISIONS 9.1 NOTICES SHALL BE GIVEN BY U.S. MAIL OR PERSONALLY DELIVERED. Any notice to be given by one party to the other party shall be given as follows: In the case of the Redeveloper, to be addressed to or delivered personally at 2772 Fairview Avenue North, St. Paul, Minnesota 55113, and in the case of the City, addressed to or delivered personally to the City Coordinator of the City, City Hall, 216 North Fourth Street, Stillwater, Minnesota 55082. Each party may, by notice to the other, designate different addresses. X. EVENTS OF DEFAill.T 10.1 The following shall be Events of Default: A. Failure by the Redeveloper to pay, when due, any real estate taxes and special assessments duly levied by the appropriate taxing jurisdictions. B. Failure to satisfy the Condition Precedent set forth in Article VIII of this Agreement .. 7 XI. REMF.DIES ON DEFAULT 11.1 When an Event of Default occurs and is continuing, the City may take one or more of the following actioos after giving ninety (90) days' prior written notice to the Redeveloper. but only if the Event of Default has not been cured within such ninety (90) day period: A. Refuse to convey the Redevelopment Property to the Redeveloper. B. Withhold any scheduled payments of Available Tax Increm.ents until such Event of Default has been cured. C. If the Redevelopment Property bas not yet been conveyed to the Redeveloper, the City may termin~te this Agreement thereby rendering void any covenants, promises or approvals contained in this Agreement, including the payment of future installments of Available Tax Increments. D. If the Event of Default is the failure of the Redeveloper to satisfy the condition precedent described in Article VITI of this Agreement and the Redeveloper is un",illing to purchase the Redevelopment Property in accordance with the provisions of g3.3 of this Agreement, the City may dispose of the Redevelopment Property according to g3.3 and to collect any deficiency payment described in that section from the Redeveloper. G. Take whatever action, including legal, equitable or administrative necessary to protect the City, including the right of the City to collect any payments due under this Agreement. 8 e e e e -- tit XII. REPRF,SENT A nONS AND W ARRANTIE..~ OF THE CITY 12.1 The City is a body corporate and politic organized under the proviswns of the constimtion and laws of the State and bas the power to enter into this Agreement and to carry out its obligations hereunder. 12.2 The Tax Increment Financing District No.1 is a "redevelopment district" within the meaning of Minnesota Statutes Section 469.174, Subdivision 10 and was created, adopted and approved in accordance with.the terms of the Tax Increment Act and is "development district" within the meaning of Minnesota Statutes Sections 469.124 through 469.134. 12.3 The development contemplated by this Agreement is in conformance with the development objectives set (orth in the Development Program and Tax Increment Financing Plan. XIII. EXPIRA TION DATE 13.1 This Agreement will expire if all conditions precedent to City's responsibility pursuant to this Agreement have not been substantially completed by December 31, 1998, unless the failure to complete any condition is not within the reasonable control of the RedeveI(lper and the Redeveloper has given the City adequate reassurance, satisfactory to the City in its reasonable discretion that all conditions will ultimately be Satisfied within a reasonable time, or upon the final payment to the Redeveloper of the scheduled payments of Available Tax Increment, whichever OCCtn'S first. ... 9 XIV. EFFECTIVE DATE 14.1 This Agreement shall be effective April 17, 19%. e IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its cOIpOrate name by its duly authorized officers and sealed with its corporate seal. The Redeveloper has executed this Agreement the day and year first above written. CITY OF STILLWATER Jay L. Kimble, Its Mayor Morli Weldon. Its City Clerk - REDEVELOPER Rasmussen Millwork, Inc. By Eric Bloomquist, Its President e 10 e e e STATE OF MINNESOTA ) )S5. ) COUNTY OF WASHINGTON On this day of April, 1996. before me, a Notary Public within and for said County, appeared Jay 1. Kimble and Modi WeldoI4 to me personally known who, being duly swom, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. Notary Public ,STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of April. 1996, before me, a Notary Public within aDd for said County, appeared Eric Bloomquist, President of Rasmussen Millwork, Inc., a Minnesota corporation, to me personally known who, being duly sworn, did say that he is the individual named in the foregoing instrument and that this instrument was signed as his free act and deed. Notary Public 'Ibis instrument was drafted by: David T. Magnuson #66400 MAGNUSON LAW FIRM The Desch Office Building 333 North Main Street, #202 P.O. Box 438 Stillwater, ~ 55082 6121439.9464 66849-3 11 AGREEMENT FOR MUNlCIP AL REDEVELOPMENT BETWEEN THE CITY OF STILL WATER MINNESOTA AND RASMUSSEN MILL WORK. INC. D/B/A COLONIAL CRAFT FORLOTS 1.2.3. Ai'lD LOT 4 EXCEPT FOR A SOUTHWEST PORTION OF LOT 4 EQUAL IN AREA TO LOT 2, ALL IN BLOCK ONE STILL W A1ER., MINNESOTA 55082 TIDS INSTRUMENT WAS DRAFfED BY: David T. Magnuson iM6400 :MAGNUSON LAW FIRM The Desch Office Building 333 North Main Street. Suite 202 Stillwater, Minnesota 35082 612/439-9464 e -- e e ASSESSME~'T AGREEMENT THIS AGREEMENT, made on or as of the day of , 1996, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), Rasmussen Millwork, Inc., a Minnesota corporation, d/b/a Colonial Craft (the "Redeveloper"), and the County Assessor of the County ofWashingron (the "Assessor"). WITNESSEm that WHEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract for Private Redevelopment (the "Redevelopment Contract") for the real property located in the City of Stillwater, hereinafter referred to as the "Redevelopment Property" and legally described in Schedule" A "; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will construct or cause to be constructed a millwork assembly and distribution facility upon the Redevelopment Property (the "Minimum Improvements"); and VlHEREAS, the City and Redeveloper desire to establish a minimum market value for the Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to tit Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; NOW THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by the Redeveloper, as evidenced by the delivery to the Redeveloper from the City oftb.e Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value assessed for the Redevelopment Property described in Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, will be S . The parties to this Agreement expect that the construction of the Minimum Improvements will be substantially completed on or before . The market value of the land prior to construction of the Minimum Improvements, and for taxes payable in the year 1996 is 2. The minimwn market value shall be of no further force and effect and this Agreement \\ill tenninate on the date when the Redevelopment Contract either expires or terminates. i e 3. This Agreement, with the Redevelopment Contract, must be promptly recorded by the Redeveloper with a copy of Minnesota Statutes? Section 469.177, Subdivision 8, as set forth in Schedule B hereto. The Redeveloper must pay all costs of recording. e 4. Neither the preambles nor provisions of this Agreement are intended to, nor will they be construed as, modifying the terms of the Redevelopment Contract between the City and the Redeveloper. S. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. THE CITY OF STILL W AlER., MINNESOTA By: Jay L. Kimble, Its Mayor By: Modi \\1 eldon, Its Clerk e ... RASMUSSEN MILLWORK, INC. By: Eric Bloomquist, President STATE OF MINNESOTA ) ) 55. COUNTY OF WASHINGTON ) On this day of . 1996, before me, a Notary Public within and for the County, personally appeared Jay L. Kimble and Modi Weldon., to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that the instrument was signed on behalf of said City by authority of its Council; and said Mayor and City Clerk acknowledged the instrument to be the free act and deed of the City. e Notary Public e e ,e STATE OF MINNESOTA ) ) 55. ) COUNTY OF On this day of , 1996, beforc me, a Notary Public within and for the County, personally appeared Eric Bloomquist, to me personally known, who, being duly sworn, did say that he is the President of Rasmussen Mil1wo~ Inc., a Minnesota corporation., that the instrument was signed on behalf of said corporation and he acknowledged the instrument to be the free act and deed of said corporation and plU'SU3llt to a duly authorized resolution of said corporation. Notary Public 66850 Exhibit "B" Page 3 e SCHEDULE "A" Land Description for Rasmussen Millwork d/b/a Colonial Craft Lots 1,2, 3, and 4 except for a Southwest portion of Lot 4 in area to Lot 2, all in Block One Prime Site Subdivision According to the plat thereof on file and of record with the County Recorder Washington County,Minnesota e e I Schedule "A" of Exhibit "B" e SCHEDULE "B" Section 469.177, SuM. 8. Assessment agreements. An authority may, upon entering into a development or redevelopment agreement pursuant to section 469.176, subdivision S. enter into a written assessment agreement in recordable form with the developer or redeveloper of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements to be constructed thereon until a specified termination date, which date shall be not later than the date upon which tax increment will no longer be remitted to the authority pursuant to section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constrUCted and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the follo\Ving certification upon such agreement: e The undersigned assessor, being legally responsible for the assessment of the above-described property upon completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to such land and improvements upon completion shall not be less than $ e Upon transfer of title of the land to be developer or redeveloped from the authority to the developer or redeveloper, such assessment agreement, together with a copy of this subdivision, shall be filed for record and recorded in the office of the county recorder or filed in the office of the registrar of titles of the county where the real estate or any part thereof is situated.. Upon completion of the improvements by the developer or redeveloper, the assessor shall value the property pursuant to Section 273.11, except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes; provided, however, that the developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the COtmty auditor, any board of review, any board of equali'VItion, the commissioner of revenue or any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and shall be binding upon them. Schedule "B" of Exhibit "B" Page 1 CERTIFICATION BY COUNTY ASSESSOR The Undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be construCted, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor,. being legally responsible for the assessment of the property described in Schedule" A ", hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than $ until termination of this Agreement. County Assessor, Washington County STATE OF MINNESOTA ) ) 5$. ) COUNTY OF WASHINGTON The foregoing inst:ument was acknowledged before me this _ day of . 1996, by . County Assessor of the County of Washington. Notary Public Schedule liB" ofExbibit "B" J e e . ~ e e e , . Page 2 EXHIBIT "e" CERTIFICATE OF COMPLETION WHEREAS, the City of Stilhvater. Minnesota, a municipal COrporation (the "City"). entered into a certain Contract for Private Redevelopment with Rasmussen Millwork, Inc.. a Minnesota COIpOratio~ d/b/a Colonial Craft (the "Redeveloper"), dated as . 1996, (the "Agreement) and recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Washington and State of Minneso~ as Document Number . which provided for the development of the following land described in Schedule "A" in the County of Washington and the State of Minnesota, (the "Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redeveloper have been completed in accordance with all lawful Codes, Laws, Rules and Ordinances now in effect. Dated this _ day of , 1996. THE CITY OF STILL WATER By: Jay 1. Kimble, lis Mayor 'By: Modi Weldon, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of . 1996, before me, a Notary Public within and for said County) personally appeared Jay 1. Kimble and Morli Weldon, to me personally known. who, being by me duly sworn, did say that they are ~ Mayor and City Clerk of the City of Stillwater, that the instrument was signed on behalf of the City of Stillwater. that the instrument was signed on behalf of the City by authority of its Council; and the :Mayor and City Clerk acknowledged the instrument to be the free act and deed of the City. Notary Public E.xhibit "C" SCHEDULE "A" e Land Description for Rasmussen Millwork, Inc. d/b/a Colonial Craft Lots 1,2, 3, and Lot 4 except for a Southwest portion of Lot 4 equal in are to Lot 2, all in Block One According to the plat thereof on file and of record at the COl.mty Recorder Washington County, Minnesota e ei e e e . . EXHIBIT "D" REDEVELOPERS' STATEMENT OF ELIOmLE COSTS Site Acquisition Grading and Site Preparation Soil Correction Costs Drainage Improvement Costs Landscraping Costs Utility Installation Costs Costs of Roads, Sidewalks and Parking Facilities $ .. .," fa.. e Exhibit "Dlt 068$0.3 e I e' e e I~ CITY OF STILLWATER Memorandum To: Mayor and Council From: City Coordinator Date: April 12, 1996 Subject: Lease Extension Agreements - Stillwater Yacht Club At the time the packet was compiled, the necessary information regarding parking issues had not been received from Stillwater Yacht Club. I will try to provide you with the necessary information at the April 16 meeting. \ \ \ ' ~ .:,...../ ~,"-' April 15, 1996 Nile L. Kriesel City of stillwater 216 North Fourth street stillwater, MN 55082 RE: stillwater Yacht Club Our File No. 14774 Dear Mr. Kriesel: I have discussed the City's request to make a no parking zone around a certain area of the City Boat Launch. SYC does not think that this will be any problem since it appears that SYC has always directed its boat launch customers to park north of the boat launch. I think that what needs to be done is for a representative of the City to contact Dan Hawkes at 439-5658 to define the specific area that is to be a no parking zone. Assuming that there are no problems, the City could simply post the area as "no parking". Once the no parking zone issue is resolved, please let me know if any changes would be required to the existing Lease. Very truly yours, HANCE , IVERSON, LTD. ~r TMZ: jrh cc: Daniel B. Hawkes (via fax only) Dave Magnuson e e Ie II~ MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O, Box .B8 . STILLWATER. MN 55082 TELEPHONE: (612) ~39-9~(H. TELECOPIER: (612) 439-5641 D,WID T. MAGNUSON MATTHEW A. STAEHLING April 11, 1996 Ms. Marsha McClooskey Corps of Engineers - Real Estate Division 190 - 5th Street East St. Paul, MN 55101-1638 Re: State I - Stillwater Flood/Retaining Wall Project Dear Marsha: LEGAL ASSISTANTS: MELODlEARVOLD DANA SCHAUER I enclose a copy of the Attorney's Opinion as to the source of title along with my memorandum reciting the source of title with copies of the various instruments referred to in my examination. I hope you find this information interesting and adequate for your purposes. I also enclose a proposed Right of Entry that we propose to grant to the United States of America as soon as the Project Cooperation Agreement is approved by the Department of Army and signed by the City. Please call if I can do anything further. DTM/ds Enclosures cc: Klayton Eckles. City Engineer Barry Stack. Land Surveyor Nile Kriesel. City Coordinator, ~" MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BL:lLDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box .D8 . STILLWATER. MN 55082 TELEPHONE: (612) 439-946-+. TELECOPIER: (612) 439-5641 - D.wlD T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODlE ARVOLD DANA SCHAUER April 11, 1996 Ms. Marsha McClooskey Corps of Engineers - Real Estate Division 190 - 5th Street East St. Paul, MN 55101-1638 Re: Stage I - Stillwater Flood/Retaining Wall Project ATTORNEY'S CERTIFICATE AS TO RIGHT-OF-WAY I, David T. Magnuson, certify that I am the attorney for the City of Stillwater, County of Washington, State of Minnesota, and that I am a duly licensed attorney qualified and authorized to practice law in the State of Minnesota. I further certify that I have made or caused to be made an examination of the land records of e Washington County, Minnesota, as well as the original instruments conveying certain interest to the City of Stillwater in the here and after described lands, as shown on the drawings entitled "Stillwater Flood and Retaining Wall Project", drawing numbers: Parcel 103-Permanent Easement (FE) C-1996, dated February 1, 1996; Parcel 103-Temporary Easement (TE) D-1996, dated February 1, 1996; Parcel 104- Permanent Easement (FE) E-1996, dated February 2, 1996; Parcel 104-Temporary Easement (TE) F- 1996, dated February 3, 199(i; Parcel 102-Permanent Easement (FE) A-1996, dated January 16, 1996; Parcel 102-Temporary Easement (TE) B-1996, January 16, 1996, as amended. The real estate interest consisting of fee simple absolute ownership in the real estate acquired by deeds and dedications and descriptions of the areas covered by the instrument are attached to and made a part of the right-of-entry granted the United States of America by the said City of Stillwater. From the foregoing examination, I am of the opinion that the City of Stillwater is vested with fee simple absolute real estate interests in the lands necessary to the construction, operation, and maintenance of the project. I further certify that the City of Stillwater has the full power and necessary right, title and interest in and to the lands to grant permission to the United States of America, its officers, employees, agents and assigns to enter upon the lands described above for the purposes therein stated. Stated at Stillwater, Minnesota, this 11th day of April, 1996. e e e Ie MAGNUSON LA"V FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BL'ILDING 333 NORTH MAIN STREET' SUITE #202 . P.O. Box -138 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9-10-1 . TELECOPIER: (612) 439-5641 DWID T. MAGNUSON MATTHEW A. STAEHLING LEGAL ASSISTANTS: MELODlE ARVOLD DANA SCHAUER April 12, 1996 Ms. Marsha McClooskey Corps of Engineers - Real Estate Division 190 - 5th Street East St. Paul, MN 55101-1638 RE: Stage I - Stillwater Flood/Retaining Wall Project RIGHT OF ENTRY The City of Stillwater, a municipal corporation of the County of Washington and State of Minnesota, by its duly qualified and authorized officials whose signatures are affixed hereto, in consideration of the benefits and advantages which will accrue to said Flood/Retaining Wall Project which was authorized by Section 363 of the Water Resources Development Act of 1992, Public Law 102-580, and in accordance with the required conditions of local cooperation set forth in the Local Cooperation Agreement executed by the City of Stillwater and the Department of the Army, does hereby grant to the United States, its officers, employees, agents, successors and assigns, and the Government contractors, their officers, employees, agents, successors and assigns, permission to enter upon the lands, easements, rights-of-way and other properties of said City, as stated and described in certain deeds, easements and agreements, and as shown on the drawings entitled Stillwater Flood and Retaining Wall Project, drawing numbers: Parcel 103-Permanent Easement (FE) C-1996, dated February 1, 1996; Parcell03-Temporary Easement (TE) 0-1996, dated February 1, 1996; Parcel 104-Permanent Easement (FE) E-1996, dated February 2, 1996; Parcel 104-Temporary Easement (TE) F-1996, dated February 3, 1996; Parcel 102- Permanent Easement (FE) A-1996, dated January 16, 1996; Parcel 102-Temporary Easement (TE) B- 1996, dated January 16, 1996, as amended, for the purposes of constructing said flood control project. IN WITNESS WHEREOF, the City of Stillwater, Minnesota, has caused its corporate name to be hereunto signed and the corporate seal of said City of Stillwater to be affixed hereto this day of April, 1996. CITY OF STILLWATER By Jay L. Kimble, Its Mayor A TrEST: Morli Weldon, Its Clerk RESOLUTION NO. 96- GRANTING RIGHT OF ENTRY TO UNITED STATES OF AMERICA FOR STILLWATER FLOOD AND RETAINING WALL PROJECT BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the City of Stillwater hereby grants Right of Entry to the United States of America and the Mayor and appropriate city staff are authorized to sign said Right of Entry (attached as Exhibit A) contingent upon the approval of the Project Cooperation Agreement by the Department of Army and signature by the City. Adopted by Council this 16th day of April, 1996. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk e e e MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN e THE DESCH OFFICE Bl"ILDI:-;G 333 NORTH MAIN STREET. SUITE #202 . P,O. Box .DS . STILLWATER. MN 55082 TELEPHONE: (612) 439-94tH . TELECOPIER: (612) 439-5641 DWID T. MAGNUSON MATTHEW A. STAEHLlNG MEMORANDUM LEGAL ASSISTANTS: MELODIE ARVOLD DANA SCHAUER FROM: Marsha McClooskey Dave Magnuson ~ TO: DATE: April 12, 1996 RE: Source of Title with regard to Stage I - Stillwater Flood/Retaining Wall Project, City of Stillwater, Washington County, Minnesota The property to which the United States is being granted a right of entry was obtained by the City of Stillwater in piecemeal fashion beginning in 1880. Referring to the property depicted as Parcel 104 on the Barry Stack map, shown as Sheet 1, dated February 1, 1996, the City acquired fee title to these parcels by deed given to the City by Glasier Park Company, dated May 6, 1991, recorded July 3, 1991, with the Washington County Recorder as document number 664543. (This document is attached to this memorandum as Exhibit "A".) e Parcel 103, on the same survey, was obtained by a Donation Deed made to the City on the 16th of November, 1959, by the Northern Pacific Railway Company, the document is recorded in Book 225 of Deeds, page 223, and is known as document number 205812. (This document is attached to this memorandum as Exhibit "B".) Parcel 102 was obtained from a number of sources: 1) A Deed from D.M. Sabin and his wife by Quit Claim Deed dated the 5th of July, 1882, and recorded on the 11th of November, 1882, in Book 4 of Deeds, page 557. (A copy of this instrument is attached as Exhibit "C".) 2) A Dedication by William McKusick, Trustee, under the Will of John McKusick, deceased, to the Town (now City of Stillwater) dated September 11, 1902, recorded September 12, 1902, in Book L of Deeds, page 636. (A copy of this instrument is attached as Exhibit "D".) 3) A Levy Agreement made between the City of Stillwater and Stillwater Street Railway and Transfer Company, successor and interest to Northern Pacific Railway Company. The Levy Agreement dated August 30, 1881, recorded January 18, 1882, in,Book F of Deeds, page 462. (A copy of this instrument is attached as Exhibit "E" .) 4) An Agreement to establish a levy made October 8, 1881, recorded January 18, 1882, in Book F of Bonds, page 460. (A copy of this instrument is attached as Exhibit "F" .) 5) An Agreement made on the 9th day of December, 1909, between the Northern Pacific Railway Company and the City of Stillwater. (A copy of this instrument is attached as Exhibit "G".) DTM/ds e Attachments )> .... ,,'. . . " 6G45L13 e AUG 1 2 1991 QUIT CLAIM DEED GLACIER PARK COMPANY, 'a Delaware corporation, Grantor, for Ten and No/100 Dollars ($10,00) and other good and valuable consideration, grants, bargains, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to CITY OF STILLWATER, a municipal corporation, Grantee, all its right, title and interest, if any, in and to that certain parcel of land located in the County of Washington, State of Minnesota, being more particularly described on Exhibit "A" attached hereto and made a part hereof, together with all after acquired title of the Grantor therein. SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. Seller certifies that they know of no wells on the within described proper~Y:M ' DATED this ~ day of May, 1991. e IN TESTIMONY WHEREOF, the Grantor has caused these presents to be executed in its corporate name. '40 DELINQUENT TAXES AND rr1ANSFER ENTERED WASHINGTON CO NTY, MINNESOTA . :5 191L. 1(0./ 1-.1 Ill- Ie.. .~..",,'a'!,~.:; , ~~?C-.5 ) WASH\NGTON #'- - \ ~ COUNTY :/...., /'l;j) re' '< \. DEED TAX $ ..;:\";7 V . '-): ,; .' ' . ---A ) ;f i,),\Tr:lJ a~-i.:3--<1 / BY tV/< ) t. , ,.' ,. 1!J~;... . ~ .... A "A ,... .:.. '. cc..,~~:~"t4'~J"..!,."J"'~~""""fto'l'''''''' -. ~~~.: ):- ~J n ;,< (' Attest (Se~i) c..., c r .-~ -' .' . '-N -<.7 f~ e 9 1- 3 08 0 ) t-.1 t/ ? /' \\~\YJ\~~\. ...-". -1- MINNESOTA CONSERVATION FUND .~~, I,J(.~SHIN(3TClN COUNTY ;1;~'5 .00 FEr::: Pr-. I D H. !:;. 47:$1--1 . ._4:=:...5=-..7..L-__._Dt~'T f 10" '''1''7, ,,'r) , " ..-..t"'~ '[NITIAI ': o "&:.J..1,.> r ., ,,"1"'~e(.)..__~!..::::O__..._.._-_.._-_.- 0 .-'- ~, - Exhibit "A" Page 1 '.' e STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Before me. the unders i gned. a Notary Pub 1 i c in and for the State of Washington, duly commissioned and sworn, this day personally appeared Larry Leopold and Dennis L. Schilling, known to me to be the persons whose names are subscribed on the foregoing instrument, and known to me to be the Assistant Vice President and Assistant Secretary, respectively, of GLACIER PARK COMPANY~ a Delaware corporation, ,and acknowledged to me that they executed said instrument, for the purposes and consideration therein expressed and as the free and vol untary act of said corporation, and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN 1991. under my hand and seal ~"... . ctA ~, " ')~~.......~.so"' ~.t' ..~\SSION J:':..~' ." .._~ '1'".0..." J.' .o~' T .... ~ ~ :Cj ~O A^ ~~ :\ s. 'Y~ lft" 1 1< *' : ... r' V' ; 'i ~ ~ 0 1010 ,. : * ~ ~~.. "" vBL\u : ~ ~ -? .'-~ PJ~.. ~ " \. ~....: 15 '\. ~...~~ l ' "\.. O/....~... ~~ ,I' '--.!~~~~IIII of offi ce thi s day of May, A ~ ,( W 1 ngton Name: Jed Clawson Residing at: Bellevue. My appointment expires: WashinQton 10-15-91 e This. instrument was drafted by: :Glacier Park Company Title Services 1011 Western Avenue 'Seattle, WA 98104 e 91-3080 -2- Exhibit "A" Page 2 of 5 . . ~..: I ---- I OliO -- T I~Fr-ORO. X f'. ). 1./// v , Il' '-' t; I lIEPUiY _IO(p~I' That portian of Lots 1 through 8, Block 18, Original Town of Stillwater, Washington County, Minnesota, all described as follows, to-wit: EXHIBIT "A" , R E' NTEAl:tJ. RANSFE'. f T A'J.E;.. ANO r NESOT po. r .",mIEN . ,., TY M\N ,,!. ", . . ....'Oi.; t)'7 ./: / .' dll"'::' _ ......, (,..- ,'...J ~ :..? ,9.:-- _T::~ e P a rc ell e The Easterly 20.0 feet of said Lots 1 through 7, Block 18, lying Westerly of the Westerly right-of-way line of N. Water Street, according to the recorded plat thereof, and the Northerly 10.0 feet of the most Easterly 20.0 feet of said Lot 8, Block 18, lying Westerly of said Westerly right-oF-way of said N. Water Street. \ /1~toC\ Parcel 2 Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South halF of the Easterly extension of E. Myrtle Street, according to the recorded plat thereof, lying Easterly of the Easterly line of N. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn parallel with and distant 66.0 feet Easterly of, as measured at right angles to, Burlington Northern Railroad Company1s (formerly Northern Pacific Railway Company's) Original Main Track centerline, as originally located and constructed; EXCEPTING THEREFROM all that portion of the 23.5 foot wide strip of Burlington Northern Railroad Company's right-of-way, being 8.5 feet wide on the West side and 15.0 feet wide on the East side of said Original Main Track centerline upon; over and across said Block 27. ,\~\c~\parcel 3 That portion of Block 18, Original Town of Stillwater, Minnesota; and that portion of the Easterly extension of Corrmercial Street, according to the recorded p I a t thereof, ly; ng Eas terly of the Eas terly 1 i ne 0 f N. Wa ter Street, according to the recorded plat thereof, and lying IHesterly of a line drawn parallel with and distant 8.5 Feet Westerly of, as measured'at right angles to, 8urlington Northern Railroad ComD~ny's (formerly Northern Pacific Railway Company's) New ~lain Track centerline, as now located and. constructed, and between the Easterly extensions of East Myrtle Street and East Mulberry Street, according to the recorded plat thereof. Parce 1 4 ., That portion of the SE1NE~ and the NE~SE! of Section 28, TJON, R20W, 4th P.M., '.~ashington County, Minnesota, and that portian of Blocks 18 and 27, Original Town of Stillwater, 11innesota, all described as follows, to~wit: e if/9' ....~ Exhibi t I' A" Page 3 of 5 .. '. .~. ; Commencing at the intersection of the Westerly produced Northerly right-of-way line of E. Myrtle Street, according to the recorded plat thereof, _ and the shoreline of Lake St. Croix, Minnesota; thence Northerly along said .., shoreline to a point perpendicularly distant 140.0 feet Northerly of the Northerly right-of-way line of said Myrtle Street, being the True Point of Beginning of the parcel to be described; thence Northerly along said shoreline to the point of intersection with the Easterly produced Northerly line of Lot 4, Block 17, Stillwater, Washington County, Minnesota; thence Westerly along said produced line to a line drawn parallel with and perpendicularly distant 8.5 feet Easterly of Bu~lington Northern Railroad Company.s (formerly Northern Pacific Railway Company's) most Easterly Spur track centerline, as now located and constructed upon, over and across said Section 28; thence Southerly alony said parallel line and produced 10.0 feet Southerly of the Southerly terminus of said Spur track centerline; thence Westerly at right angles to said parallel line a distance of 17.0 feet; thence Northerly and parallel with said Spur track c~nterline a distance of 20.0 feet; thence Westerly at right angles to said Spur track centerline to the point of intersection with a line drawn parallel with and perpendicularly distant 15.0 feet Easterly of Burlington Northern Railroad Company's most Easterly track centerline, as now located and constructed; thence Southerly along said parallel line to the point of intersection with a line drawn parallel with and distant 8.5 feet Easterly of, as measured at right angles to, said Railroad Company's Original Main Track centerline, as originally located and constructed; thence Southerly parallel with said Main Track centerline to the Northerly line extended of E. Myrtle Street; thence Easterly along said extended Northerly line of Myrtle Street to the intersection with a line drawn parallel with and distant 66.0 feet Easterly of, as measured at 'right angles to, said Original Main Track centerline; thence Northerly _ parallel with said Main Track centerline to the 'intersection with a line drawn ~ through the True Point of Beginning and parallel with said Northerly line of E. Myrtle Street; thence Easterly to the True Point of Beginning. <""CR Et,ITF..Ri:U. c" AN mAN,..' - . OT A NQUStfr T AX-.' /::, v f.lINrlES :10 tiEL! TON caUl" r '. I WASHING C u '::? .f..~ ~.....t.. '9 Y-. -- ,.. u....r:n __- "RI=,a.., r'\l,.~1'1 ~.FFORD.~orr(, _., - , .,~, ~~,II, ( ~~~_ ( J /f fi./z.. -: . " \~v 0epU{~ / v'!./ /; / List ~ 2 Sequence ,t 231 108.20.21231 e u / Exhibit "A" Page 4 of 5 ~ ..... e .",/' . .------. ..-. --- I e 664543 0 OFFICE OF COUlITY R,:COROEfl \~t' :\~:{ r:.! ~~...~.. ~ '! CO U;iTY ::" Pi! JUL 3 3 3l. PH '9/ DOC. 664543 J(}~.!:. i::" ~. ::'~~~~:T~- . C,') j' TY" ,'r;:'~:'" '1 S", . "',",.0 ( I _ ...., ____ , ,.!. iCn -, . : ~d..A.\O .00 ~ 'it!) I ~';/:'r. ~ -- ~'2"~' ~ 'Jr. .~~ ", ~ r ~S04'J- '.... ". Exhibit "A" Page 5 of 5 '--, I ' .....\ '\ e e e Exhibit "B" Pa.ge 1 of 2 EJu'1ibi t "s" Page 7. of 2 e e e .... -- e I .' ,I ..".:. . "~ .. '''''''1 , i """-1 i , I e ..... ~_.- 'l' I' tteftftr Pre" Ce.. 51. '..el. )II".. Ho. TO.-QOIT.CLAIlI DEED. ..II...... e"..."I. '.... I !lliltb: ~n~.tnt:'Utt;f' Mctde thiS..."......~-:-:.,",...........daY: nth i1~ the year of Ol,r Lord one thol,sa1ul ei~ht h/mdreel and and eiIfhty._...,..~, .......,8ETTT"EEN ~.~J~_~~~ 4~-:-~_~_.~_. " ~&.7-'f)--./2~4J.uZV~ O:-:~~___~ ._, '.'__._.'''________.__'__'_ 'f-/ ,; - ., _ ',7 -..-., ,1 -__ ' part ~f the first part, and....,e;rV1..,-!.. ./c.~~. '0. ".:?-!.(...;-~V~(...~,-!.,':.__t.-t.."--...,~,~,..~.?, ...,........'..."..,,,'.....""...."..,..,,'...-,..................."'......_,...""....,......",.....",......,............"..,..",.....,.... ...,..._..".........,.."......,......,..,........_~,.......__part of the second part, .' Will/tSSt/It, 1'hat the said par!tl.., of the first part, i1' consideration of the SIW~ of _...,..:..,.........."'......,.... ---:-- __---____.._. ~A_ .. ,'....... u.,~_.,..::::::===.....,"'_, ....,_,...".__,___,..,,_,_ .....,._ _ ___ ._.._.." _,,___ ,/JOJ:.J:.:lUS. -t-/ ' to..,..A--k-'......<-CAA-......,..............in hand paul by the .raid part$' of the second part. the receipt whereof is hereby acknowleelted. do by these presents. Grant, Bartain. Sell, Release and Qui~.Claim to the said pm't~" 01 the second part, '" ,......_.,,,..heirs-rmdr-cusijna. FOI'eL'el', "CL!d._~_~?M.L~_.~u,~,,~i!.,,:t:=,_ ~:,,,..,:..........:.::..,..,......,.,,....,..,..,,___....____._,__"_:::::.._..~___all the followinJ! piece ?r pa7'cel olland. lyil/If ancl beinJ! ., , ,t;,,' -- in the COI,nty of..,P..P.:::.;~.J,..~.L<""'k.;,,';k~~.....lmd State of Jlinnesota, described as follows. to"wit: ~ ;)L,))-mA ...bt:,J' ~~ --/ko/_~~...J...~2yy;!..ud!:_~~'?-J:':'"~. ___ . d2~.d,,,..ej;,r.-~._~_C..L~~.J,,~-';-="'~~~ ?~--::-:r~Z!.;Y-?;-",-~,2_.c~~;..-! . 6, ,.;." 2W....tLd.()L~_,#~~-'~:c-.:/'.&~#fl.-;,,-;.-~~&fl 7~ ~~G~;;;,:z. : .__L.r;Y~_~~_~_a?M- ~~t7 -Xff,'~~_",,,-- ,','--'" "".LV-..<...1-- ~ IJ~ ~~.r...&...L_~,f)- o'V~ ~.- YA~~ ~ ~ . ";.tI .J ~~.. :r:-:-:I. 9 --r::.C<..44 ~1.~~---c:a-c._~- ~~-"o' l,L~-Z~~~," ~, ~ /-'';~,,:,t.--~'" ';<"-'" ",:_",~ '~-, ',. ..' '~,. ~ ~~~ ,- T,~;f7~u,~ ,_ ~_~~ Q.A ~,~~~ ~~ ~.-a ~~~ ~.~,_IJ..?U'd ~.9'd P.,."......,.....':... ._~~ ~_~~c..U~.d ~-ZZG..c-t!!..<.,~_'-,.,,'.-. ~~~~~~;~7:4~ ~ ___ aA ~ (')/~__C.-<f2. ~~L) , - t .. .. ~ p'. - -: . - _" " ,...,,1[.-. .-:: . .' ,.... ;,,;-, ~.~LL:t-Cd:r-a,-o-r-d -V'-~ l-,"--- u., -....,. ~:._~__'~e-.__ , --....... ...~_':"". .... ~i :,.-;J .h \).~_c (_~ UAJ' e-<--<:.-~ ~ 0-,-- ,..'. ~:.:,," ~::' '~J.r, I' 7..:~,-. ",Lr _' .. ') iJ ,..-----.-. , II ! ,. {ffo ljaVl! arrd 10 il11d: The abOVts QI,it.Claim premises, together with all and. si-gular f.hts heredita,ments and ap' purtenances thereunto belonlting or in antJ wise appertainin1. to the said part<t of the seco1U:l part, ._______._ heirs-an4-aasj,J1J6. Forever. " , JJrr {fftstiml1"l! !Jilltrtlo{. The said pa1.t~f the first pctrt ha :1 hereunto set~~hand and seal the IllLY (lnel yea,I' first above lCI'itten. ~~ \ ~1G SlOH.m. SEA LEU ANn DII.JTJ:Rv.n IN' PIlF.9E:feZ OF ) .. , , '. ,'.. / ( :, -&. ...tLz,u.r./It.~ ~rA;<<-. ~ -~ '__u"~'~j&v;___u J 1.:.... _ j ~ ~ ,.L-. Exhibit "e" Page 1 'of 2' Exhibit "e" Page 2 of 2 '.'."r' c::::;t1~==~~_ } 88. On this__Z~~=,. "",da.y Of'!?/'!:-__'_____A.D. I88'- " c. ,---.'--' I. _'_. C) ;-~:;.;.:_..... ~,.~,..~ . . Defore 1n6. a-=::::;.:(c'::-:"~'::'--~ _"'::::..C'.:,-."..:,:-"':': ~ '.;... '._ in. and for sai4,~".=:,.:,,~k.:._....;:~;,::.~L personally appearod___:~::__':.:::._.::.__:/;:.,:. _~.~, "'~ .~,.... "..,____~~~____.," __ .", __._ to 1n6 personalZy knoWll to be tlte same pel'son described in. and wlw excclued the forejoinj deed, and ackncwZedjcd toot h~ exccuted thc sa,/nC lor t1w uses a,ncL pl"'poscs therein. ....:....:... expressed. \ . . " t ~ ~~~=: " \"'" , :.',.t:i"t,., '. . ~ ,..... , -: "Jill ":... ,.';: *:r.-"", ~~~,:._' , ":~'l31-L "V ~ ..' <::,:...~~'-i:-; ."~'~ }liuJt~_talm 13:~~;' _ 'I.... , 'i:::: . WITHOUT COVENANT.' /.' ;J' ~. , ',; . '~'... '.;' ',," " , ~).' L. "~ t.' , '-.' . t l'OfloNr PtJIII: . ( . /il.~~~;"~3.", -.. 'j=!/S"3 '.:.'i~' .Z::_c~,=;~~:~, ',- . _~_-=-.... . ._~~z;,~, - 77..L,r1-. - e ~ .; ~ :. ,.... .~. .~.t9, '. ,. I ," ;:{ V:-:'<- ~"\i..f:~--~C.I.,..... -'"Y(..,.... ." ~t:'i,:r~ (;;,:.; ." " ; l'. i' ',~--i.:: ,: , r'_ '.... .; I ,- ."". 1._.. (. e " " . .... -, . ..... /..X.---: ..!. '..:.. I. I. , i ,- .-.-- . ---.' ) " ..... \. ...J -" ;\;~' \~ ""'Y <....J. ~ -', ',,~ \ :.. .' '\..... ,<.. ..-. ".;;J '..' " - .--.-.----..- _. .--- __-..J e .... --:... i ,-- L._ L--.... t= [h:~_ ~I ~~:= ". -.- ..... - - '..-., f'. , e ... e e e e :1I0. 31690. M:;.NI)~!:r; 0 r' .:.n1'rc;r.;::~ 0 r :r;C;l:u'Ot\Ai'~O!i. , I ,I i SAt'l7CnOn T,lj"IW!~ COr.:l'AilY. i' : 're, tho un.\e:'3'llll'.ed,r:en!c10tl t mll S"cr~'.'\ry '}ftho S'll.r>t Cruix 1.1I'll\I"l' C"'"9""Y' a lc"ri'''r~t\''n l",o"',pc:"I\tltt\ pur flU",", t. to the pr""l ..l"n 5 0 r Tl tll" T-..o 0 r Ch.'!'Vlr Thi rty .rour 'elf lllll 'Gl1t\eraJ St,.t"tos , r Io:lnn"~ ~ II, do herebj certi ry; That lit II speo131 lIIoetins !of the l'lt?ckhol:1UII ,f 11,,1., Cnm!,,,,,;!" duly h'!l'\ cn th'! at'" ,l,'y "r ~'-'l'lember,l~02,.\t 1'.1:0 :Ornae of the Cl'mplJl1Y 1:1 St111-...t'!r,:'l1r.nel'(1t'l,(lursl,H'nl. tn !.otlce \luly Slv,," 11tId I'ur- lsuant tn the wrlttt:1 "",,"""t "r nll or tho atllckhold"rtt Mr) ahar..s of stock of "'lid tc'~po.'atln" on 1'.11" r"c,,"dR of ",..~h meot1:1E:,th.. artlcles of 1...,.,rl>'J~3t1"l\ of 9(\1'1 c.,..- }''''';/ were then lInd there llr.ll!n:l'!d by the uII",.1'l1nu3 Vllt'l of lIll the slu.r.eMl<1rrs:,(\"i.1 , IShares of 9tock of 1101.1 ')'I1.""'j l'l-, al: 1'.<'1 pN',lde that lll" e;ov'!r.."'''''t or .:lid c011,or,,- :t1"n """ the 01"', ,,!:pent (1 f ,itll ~rr..,!:,,, "'''ll,1 b" "e"'. ed b 11 tc:..:,.1 0 r rl',,, dlrectorn , ,;,\""11 a PrttSlden t, VI O~ Prsnidellt, :':ec<1n,l V~ cn PreRl.len t, 5c",'~I1"rl' nnrl Trellsllt'er,lnnl;"''':) "." ;'/""lor l1,,1'rellll1ent,Vhe Pre!llden~ I1ml "'''"&sIne Dlrector, nn provided bj' the Qri1;1:I1ll lIrH-: , , ': ; ":.;:.;. oles or Incorpol'ation, l1I1d 50 an to p:'<'IvlJe thnt tho tll1le of thll ,,"nual m~etin3 or ',:;' " : :';"~ls.ud"oompi!ny Cliould be h"l~ on th" l'1rct. T~ftSdnl or :'I'.rch In'elleh yenr Instend or on );:: :,,,,:, ~~~, :. L? ~,:t.~he ,0:-81'.', Tuesday 0 f "JMUary, . M ~rovl,18<1 In flaUa oria1nA.1 nrtlclss or InnorpIHl1ll"n, ::'i:'.,~,~,'!4: .~,,' ,j (;~.., rl 110 ,all tp prClvl.le.. thAt s',luICflr!lOrl1tlon Shall hl1ve five cllreotor.3'lnstead llr lhreo >-~.~ :~ ::i:.:':, ,j:J; lre~t,,!,r8, 8S p.rovlded b1 t~e orlell1al ar~lc1es or Incorporol1"n, :111\1 rnr that .'Ur!,,'~n ~;~{::.~';;., ><> ;,;:';,>' plcle ~1xth ,o,~ sl\ldori~~.,.~",1I1 Bl.tlol eo o,f::lncorp~ra~,lon. :waD ll"ul:.led no as to r,,,.r\ as ::;,~~":'::'~';t:...'V..t;:I~J:~" ..,;0\19"8, "'~ .0). .::". .:~.- .. . -:'::--~:'_: .' :"?" ;~"_-.~;:":< .. '::" . ...... ..,. . ~7i~;::f.~' ;~,',,; :\:~:~','"S1xth;, T~" 811vornJ:lent of IIl1id oorpc:or'"tion, en.l ~';.e lIl11nagemE1,t fir its afCalrn shan, ''tg;:~;i''\ ~'I,:)jl,:1,e:"~~,lIt~d; In, a: l3nard,of' flve Dlrectors ~d.,ln-', II rust,dent, Vlco Preslde~t, Socontl Vice- i ;~,.~ ~.:' j~'; resldent; Secrstary Iud tre,a.Cltrer, who" Sl1a11: b I! l!!:te,ct~d unnul1Uy.'f1t the,:.lI'Inual ,meoLln!!: J ... , ;'r.~!~~c?!ip<~j,~t<!.~cf.h~ldJ",n the r~r,3t"~.!',~sa~,,~J..~':~iU-,c?,:ln~;"!ch r;~r~,>:~'.i'~~~'(~ ,",." j " " In '1'e~Umon1'!'llhe:eo "\'le'h,!\;!e_,~lf~!'~l!~.edr.and !~rn ~~;:'~,!l~e"rQr.ee:-~!.n,c"?,O,l;til,!.c,a,te: ;":',1,'.,:': t:~.':~7 ' I ,:t.l"l~ ":l!:'~:J':;'l1-~II,;ol':"';;,\,~":,<:,,: ':,:.., , '~w'J~ ...-.::i?"tfi . ~.t"!"...,...~1i......,~l"'~~""""" ....... . ., . 636:: .' .:...... ~ ;~.; f:~\;~.: ~;~. Exhib't "D" . ~'. ,;: ""'::"-"~", :'::;:'i; ":,: I ':'~~~~:";'."'\ : '~I"~: : . BOO K L BONDS, WASHINGTON COUNTY, MINN. OF .~o: 31870. \.,:, :' ','Wall tll,1ft kno,." Oil St. C:lllx COlllll:;, In t.he ';Clrr!t<'ll'y of \I'lscnnsit',lholl ownlnll lot!' 'n\lIl1borold. ono (l),two (Z).three (:.) Ilnd four (4) In 5eotlon nllmoeR tYl!!!:ty elCht (Ze) lin lownGhip ""..bel' tUrty (~.O) n<1rth or r:.I1S~ nuttber t"enll' (20) west,sltunte In said ,County, oaused :\ l'orllor. l'f 1I1.ltll:ndr: to be surveyecl and !,l"Lled Ill' one Ih.~"l]:50n,as :the '1'own of SUll,,,.ter. lUId on the twelfth d"T or Se9tember,le48, duly "cknowledeecl ,thB execution or ::.ld I'lflt of the tonn of Stillwater Dllll eloAIed the same to be record- :~d In the ornr.e or th.. liR..l~ter of Deods ot 1I01d County of Sl. Crolx Ilnd !errllo:r)' "of ,"l50onsln,~n lhe 0:10)( ..I' To"n Pll\t" In said ornr.!.' on p,'go l',&~ and I ViheL"8a11 1l111d John llcKanlek dId nnt, in aclcno"ledglnZ the execution or "IIld pIAL, r:-q>reS81Y dedlcate lh~ Uvorlll streets and the olleyl'l laid out ll"ld ml.\"ked upon said .' lat to tI:lt use of the l'ubl1l>, II."I.t It. Is nt't. lcn(1wn thnt !OUch dedicatlon hns eV,e.. boen rorll1Pl1:t mado alt.ho)ullh all ouoh streeta ",cl Ilaid alleyl have long been. usecl as r:uch and oj' renllon or l:Ul>n use are no':t uu()"uhlP.dly p:1bU" street". ' ',: ,Nolf, Thorefore, In conslderlltlon 0 r the premine" and of ll:e SUIII or One Doll nr, ,to lI'e in h.ltId pattI, the receipt wherouf Is herebj acknowlccleed, t,V!ll1lMl lIcKu"ick, :of Roberts CClJnty, Scuth D,kota,aft lrustEre WIder thl! wl11 or uid John IIcKunlck,now :deceaned, in DO far all t h"vo:: po"u' tn do so, do herehy gr~t 'lIld dedicate all tho ,severlll Slreets ""J tll'} aUeyR lald out .",1 marked Ul'on said plat of the TOI," of ;5til1wat~r, acknowledged by sald John YcKuslck as aforesaid, lo lhc :>ublic ror per[le~- ,aa1 use all st.reets and atleys nr thl! tl:ell to..n anll n"If Clty of Stillwater, to ti:c "i1I1l~ .e1:lent aR t1:(1ugh" such de<1.tr.I1H"n hlld been expre!'sly mado l:y Ilnld John YcKuslck at the 'ltillle or' tho. ackn<'l"l .,Ie;mer.t of I"ld pInt b:- hilll bS ..rol"eR(.i(l. . In' !,~~!r;rn:. ~.I:,,~.t.,"l", I l1q,y-.. n~!"n.u\~r, :lat mylH\nd tllc\ sen.l thlr. elevent.h ctar inr Sel'tel.'h~r 1';10~. ,In Prenonce 0 f , )L<'Iul s roo Io!llnwndl1g ;Ann 1 e COli!!" rS O~:nl CA-:tOI\ 0 r pr.AT. "'er'l\ll on lh~ l'ltOntl' t.hird day <'I( .\\:eUlIl,l948,John IolcKusiick,cir wh.ll '1 ! . I f . , I , . I "! 'trn. :-Ir.~ltstuic, All Trustee unr\er the '1/111 of John UcKulllp.~~deo:easlld . i ;Stato or la,~,:" <Hi!, l :. ';:~ . . n~ iCOl.lJ1l::~"!' V1a"I:1:t~L:'" ,'.. _ ..... nn t.h1s !fll~;'..-lt;' ,,;~. of Sel,t.e:nher .1~02,j)er's.')nnlll' ~a'nft .ber"l"e r.:c , ''/alll>l111l{nj{u::1ck,Trl!':~e., un'le:" 1I." "ill "C John &lo:"uo;lc~:,duce:\lled, to Ill>! kllQ"" l.. l"~ ,:,.;'"lthe >llIlIe l.erScnl\es":,i~o'l in ',ll~:\ rh.. '!x'!c'Jt'!d the foregoi:l!:,: In3t.ru,"ent,ll,,"lllCkl1oJrl~'!!llld "I..thAl itfl 'exllcuted lh" ...." n:' hi'; f1"'" ..ct..nr\ ..Hedl\:l Such ~:,ustee. i 'r- '. 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'':': .,' . . 7:~:~:'.'~: e e ~ I.' e e e , /. 0' ,...' '..../ 0{ AGRF.JcJlENT, Made this ninth da.y 0 f Dec embor, 1909, betw"een the NORTHERN' PACIFIC RAILWAY COUPANY, a corpora.tion of Wisconain, hereinafter called the Railway Company, and the CITY OF STILLWATER, a municipal corporation of the state " of Minnesota, hereinafter called the City, in consider~tion of the mutual advantage to the parties, WITNESSETH: The Railway Company hereby permits the City to use for park purposes that certain strip of land shown on the hlue print map hereto attached, marked "Exhil)it A," colored in red, and hereinafter described as paroel number one (1), so long as the Railway COmpany is permitted to use, occupy and enjoy that certain tract of land shown on the said blue print map hereto attached, colored in yellow, and hereinafter described as paroel number two (2). The City permits the Railway Company to use, occupy and enjoy s~id strip of land hereinafter described ae parcel number two (2) so long as it shall use for park purposes the strip of land hereinafter described as parcel number one (1). Pa~el number one (1) is described as follows: All those portions of lots eight (8), nine (9) and ten (10), block twenty-eight (28), Original town, now city, of Stillwater, accord1.ng to the recorded plat thereof, described " as follows: Beginning at a point on the northwesterly line of East Nelson street, distant one hundred eighty-seven and eight tenths (187.8) f~t northea.stwardly from the point of intersection of said northwesterly line of East Nelson Street with the nort,heasterly line of South Water S,treet i thence running northwesterly, in a straight l1ne, one hundred ni~e- teen (119) feet to a point distant One hundred seventy (170) feet northeastwardly from, mp.R.llurftd at right angles to said Exhibit "G" Page 1 of 5 / e northeasterly line of South Water street; thence southeaster- ly one hundred seventeen (117) feet, more or less, to a point on said northwesterly line of East Nelson street, distant one hundred seventy-three (17:5) teet northea.stwardly from said point of intersection of northwesterly line of East,Ne1son street with the northeasterly line of South Water Streat; thence northeastwardly fourteen and eight tenths (14.8) feet to the point of beginning. Parcel number two (2) is desoribed as follows: All those portions of lots two (2), three-' (3), tour (4), tiTe (5), six (6) and eight (8) of block twenty-eight (28), Original town, now city, of Stillwater, according to the recorded plat thereof, described as follows: Commencin~ Rt a point on the northwesterly line of East Nelson Streut, dia- tant ana hundred eighty-seven and eight tenths (187.01 feet northeast'Rardly from the point of intersection of said north- westerly line of East Nelson street with the northeasterly line of SOuth Water street; thence runnine northwestwardly one hundred nineteen (119) teet to a point distant one hundred seven- ty (170) feet northeastwardly tram, measured at right angles to said northeasterly 11ne ot South Water street which is the true point of beainning of this description; thence running north- westerly fifty-seven (57) feet to a point one hundred sixty-tive (155) teet northeastwardly trom, measured at right ancles to, said northeasterly 11ne of South Water street i thence north- westwardly forty-oight (48) feet to a point distant one hundred sixty-three and five tenths (153.5) feet northeastwardly from, measured at right angles to, said northeasterly line of South Water street; thence northwestwardly one hundred fifteen (115) feet to a point distant. one hunnred sh:ty-oix (166') feet north- eastwardly from. measured at right angl~ to said northeasterly e -2- e Exhibit "G" Page 2 of 5 e e . ~ line ot South Water Street i thenoe northwestwardly se'Venty-two (72) feet to a point distant one hundred sixty-fiTe (165) feet northeastwardly from, mea~red at right angles to, said north- easterly line of South Water Streeti thence southeaat~rly, in a straight line, to the true point of beginnine. IN WITNESS WHEREOF, lI'he Northern pac1:C1c Railway Com- pany has caused this instrument to be signed by its President and attested by its Asoistant secretary, and its corpor&te seal to be hereto affixed, and the City of Stillwater, Minnesota, has caused this instrument to be signed by its l(ayor and attest- ed by its City Clerk an<l its seal to be hereto affixed, pureuant t'o Resolution of its Council, the da~' and year first. hereinbefore written, in duplicate., Signed, sealed and delivered in pr e s ena e 0 f : '"7 1 -' (1 ~.'. ") , ' I . ~1,~"- t...... "-': .. .r.:. .(, .u. J ...-- l4~"'<'b;c , '," :z -:, e::-If:~' . . ~1' tf 1::..... ,'<' &~,r/ Il/;? U (,.1-1<"(" (,.v Attest: ~ ,..'j/', , .,. .~.. ~ ~ ,.... (/;t$J //1 (0_ C :~'-- Assistant sec~tary. CITY OF STILLWATER, KIlmESOTA, . J ~ ... , By 1/7 //d,'/ /f .;';'rl /: ',' ~"L ,../ Mayo ~~ J .. Exhibit "G" Page 3 of 5 . "~ . q O? I.Q CD' *'" o HI \Jl e ~ 1-" 0" 1-" rt q ~ 10. CD U1 o HI U1 . '"',. 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" '; ',~;''''l' ,--!.!.L ;': ',','," -:-.... ..' :,,' "': ::, 'l' ':,<" ,",' '~"':"~:';::I'" ,'.;';:i3! ~'~~'~:i:, -,:,!.~~. ~";;~;. ,.~, ",.. - -:. ~ ~::..:.. .~ '.;'7... _';~ ooA , , : e e ;7: ~ : ~ .' :-. t. ~\: ";~.~~~.r~~L.. .... ......~. . ...~ . 0".' i";~.' I.~ .~1:"~.;: . ~'~~~r. ," -_."':'::".;"; ".:,OO' '::. ~; ~~ .-~'. " .; ......... . '. . ~_, ~..._. _'_ .~". .... .......0(... ...~. ,. .,~ ,'..... 8-' . ';:X?' , , ' '----.,;.t , ...:---~. ~.~~, " . . .1 i .!.' e .: I':. ... .'~y. ......:......-...(, \,' .~: '~;'l~'."'I',f-",:,-,~."":"ll '~~""T""""'~'" 11.11111111111 e e e j ME MORA N-D U M TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: April 11, 1996 RE: RESUBDIVISION OF TWO LOTS - CASE NO. SUB/96-8 The request is to subdivide two lots of 2.15 and 1.75 acres into lots of 3.0 and 1.25 acres. The lots are zoned Business Park Commercial and are located south of Tower Drive and north of TH 36 Frontage Road. Central Bank and an auto repair use has been approved on the two sites. The resubdivision would allow access to the bank site from Tower Drive and room for further bank expansion. The resubdivision request is recommended for approval by the Planning Commission with the following conditions: 1. Any utility drainage or easements required by review agencies shall be provided on the final plan. 2. The rear portion of the lot fronting on Tower Drive shall be combined with the lot fronting on the TH Frontage Road (bank) for tax and development purposes. A third condition is recommended by staff: 3. All assessments on the property shall be paid to the city before the resubdivision is recorded. Recommendation: Approval of resubdivision (resolution). Attachment: Certificate of survey CPC Staff report 3-11-96 Minutes CPC 3-11-96 e e e .. RESOLUTION NO. 96- APPROVING RESUBDIVISION, CASE NO. SUB/96-8 BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the resubdivision of two lots of 2.5 acres and 1.75 acres into two lots of 3.0 acres and 1.25 acres, located on Tower Avenue in the BP-C, Business Park Commercial District (attached as Exhibit A), Rick Sodedand, applicant is hereby approved. Adopted by Council this 16th day of April, 1996. Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk , Cf~ '1-11-1~ e Mr. Vanasse provide a project overview, including materials, landscaping. etc. Most of the discussion centered on the requested sign variance, in particular the requested halo-lit signage on the front of the building. The applicants argued that the additional signage is needed to clearly denote the entry way, as the entrance is not on the Frontage Road, but faces the rear of the Target store.. Mr. Weidner questioned the need for an additional 45-square foot sign and suggested there were other ways to denote the entrance. Mr. Weidner also suggested that if the requested halo sign is to serve a functional purpose it should be placed lower on that building; if it is not intended as a functional sign, it is more advertising space. Mr. Kellison noted the request is not out of character with the business park. Mr. Russell said the HPC felt that lighting and the architecture of the building denotes the entry way and felt that some minimal signage, such as that at the Oakridge office of Firstar Bank should be sufficient. Mr. Hamlin pointed out that the total square footage of the three requested signs is within the ordinance guidelines. e Mr. Hamlin, seconded by Mrs. Bealka, moved to changed conditions of approval No. 1 and No. 2 to restricting signage to that shown in A 1.4 of the project drawings. Motion passed 6-3, with Mr. Roetman, Mr. Fontaine and Mr. Weidner voting no. .,~""'::-- "l ~. Case No. SUB/96-8 A resubdivision 'of two lots of 2.5 acres and 1.75 acres into two lots of 3.0 acres and 1.25 acres. The lots are located between Tower Avenue and the TH36 Frontage Road just east of Target in the BP-C, Business Park Commercial District. Kellison Company, applicant. Mr. Valsvik, seconded by Mrs. Bealka, moved approval as conditioned. Motion passed unanimously. Case No. DP/V/96-6 A design permit and variance to the sign ordinance at 14460, 14470, 14480 N. 60th S1. for a master sign plan for the Early Childhood Family Center in the BP-C, Business Park Commercial District. Mark Goder, Kingwood Management, applicant. e Mary Harcey, Early Childhood Family Center, School District 834, went through the request for three signs -- one under the existing Goodwill pylon sign, a sign at the main entrance listing all the services located in the building, and a smaller sign at the secondary entrance. A canopy may be added over the front entrance at a later date. Mrs. Harcey said the e e e PLANNING APPLICATION REVIEW FORM CASE NO. SUB/96-8 PC Date: March 11, 1996 Project Location: Between Tower Drive and TH 36 Frontage Road Comprehensive Plan District: Business Park Commercial Zoning District: BP-C Applicant's Name: Kellison Company Type of Application: Resubdivision Project Description: Resubdivision of two lots. Discussion: The request is to resubdivide two lots of 2.5 acres and 1.75 acres into two lots of 3.0 acres and 1.25 acres located between Tower Avenue and the TH 36 Frontage Road just of Target. The lots meet the lot size requirements of the district. Condition of Approval: 1. Any utility drainage or easements required by review agencies shall be provided on the final plan. 2. The rear portion of the lot fronting on Tower Drive shall be combined with the lot fronting on the TH Frontage Road (bank) for tax and development purposes. Recommendation: Approved as conditioned. Findings: The proposal is consistent with the zoning and subdivision regulations as conditioned. Attachments: Application Form Reduced Construction Drawings '. PLA1~NING ADMINISTRATIVE FlJ.KM e COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 i'iORTH FOURTH STREET STILL WATER, l\1;.~ 55082 6 () t /!ff!$ / cJ~, -'1 Case No. ~ 1: Date: ~/ i;' L- . /f:{ ,-I C'~, Fee Paid: '~' c- ACTION REQUESTED _ Appeal _ Certificate of Compliance ~ Conditional or Special Use Pennit -L Design Review Pennit _ Planned Unit Development Variance _ Comprehensive Plan Amendment _ Zoning Amendment ~ Other Resubdi vi s i on _ Engineering Review Fee Total Fee FEE 1 7n nn ~ ADDITIONAL ENGINEERING COSTS MAYBE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS X No Special Environmental Assessment Required ~e applicant shall be responsible for the completeness and accuracy of all fonns and supporting m'aterial submitted in connection with any application. .' ... Address of Project ::>/55 Tnwpr Or; vp Assessor's Parcel No. Zoning District BPC Description of Project A 5392 Sq. Ft. Auto Rppn;r Fncil;ty with fpnr.prl parking in rear "I hereby state the foregoing statements and all data, infonnation and'evidence submitted herewith in all respects, to the best afmy knowledge and belief, true and correct. I further certify I will comply with the penn it if it is granted and used." Pete Vanasse Representative K~ 11 ; son fompa ny Mailing Address 3880 La verne Ave. N. Lake Elmo, MN 55042 Telephone No. 777 -86~ Signature 4) ~........ Property Owner Mailing Address Rick Soderlund 14399 N. 60th Street Stillwater. MN 55082 439-3500 Telephone No. Signature Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) 205 x 265 sq. ft. rotal Land Area 54~/5 Hight of Buildings: Stories Principal -1- Accessory -1- e Feet 18 10 Date of Public Hearing is Total Floor Area 5392 sq. ft. Proposed floor area sq. ft. Building Coverage 51q? sq. ft. Paved Impervious Area 22535 sq. ft. Number of off street parking spaces 4 q 'it eu ~ >'1 '7 J,J.. of SURVEY ~ BEHCHMII/lJC, CERTIFICATE v~ [) A I 'I C-,.... .It nn,T,,,,,^, , ,-,UL.L-' ru../t..IltlvI Y , , I * :;'r:f ." $p<=. --.. i : 'HI*" .~-;, i : I ! J. ......__.__...__................____.1..'__.__....____....____.___ 205.00 _.U..uu.h.n___.____ju__U.u_h__un:"._nn_n__.~. _ QU8 / ..",... ! ~ I" , "P~r;,SEf:. A : *'~lcj *......,... ~ ~ ~~ ~: * ,.~. i tol I ~: ::::"41 I ""*'"'-:\>1 : f..~\~ t- i ~c:. ! ....,: ,~~ ! 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Blod( 2 205.06 .' .....*..., .' .....* ~S89'J6'J2"E oC ..." ~V ...,. PARCEL B /, // I 1,./ ':t Y 't ,. , ~.l>' ~IJ ~//~ : If" ~ 'l>o4'.p~ : ",.t;,,~ ..0# I ......... rf~~,t~o' , : - --I ~\)fJ~o'" : I , I , I , I I I I , *~.Spt\Ic'. ~ I- ~O' ~ :. ~..... I I <a.~\p' - :-, _ _:~:__~~~:.:;.;:.-.:.---....-~: -;J I), f>M r". 1;7 ..~~ 11>. ~,"-7~-.' 1;/ t..'I..~OtfdU'lIt" 'I.."",;:-'c_r. ,;"" I I , I , I 1 I I ~ f40f , , , , , , , , , , , , , , , 1 ,~ , ~ :i! ,,,, ,~ I " ~ I ,~ ..q ... "I ;; ,.:I , : 1./ ,,. , I I I I I I 1 1 , , I , , I , , I I I I 1 , , , , , , , I , , , , , , , I , I I I , I I I S 1 , , 'I , I , , , I , , , , , ,J .' ,I I- - Fo/s, h'eemll.ll. DUJM7 It Anocill... IDe. _ :E LAND"~.!.ND ~ --<?- _....-n- MDIl.nlM-' _ _ _ (11~ ......u rills .rmtPIT rIlZPAMII 1'011: Kdlyon Ce~.,." 3(faO L."n"PU A"..".. NorUt. L"h rlmo. jI\.,."nola 5504' .~,.J Y.i2 ~ N '__~E \ sc.u.a: Ilneh ....r.et r--'1. . " ~ ~ LEGAL D€SCRIPTION PAI/CCl. A 71t., ft(lt't/'t 26"00 tNt 01 tfJ. _r Z05.oo fHt of ~ tot 5. Blod! Two. S11UIllATE'R fllIOUSTRtAL ot. PARK. IXCO'dItIg '0 'h" plot tNtNI Ol'f ". tIIIl/ 01 reconl '" tM 0111<< 01 tII. eo.,.,ty RKOnMr. IIobWlhgt"'" C_I->, MiM_to. . i =-t~.~=:::- ~ and Utility Alp RIb)tt:t to " rtNIf/Wq -.rt for OfII-l/e-Ne fJU'PMn tH~_ .. ~ 71tot p(lt'f of Lot 5, SIoct T. SrlUWAQ I#IDIJS1JfW. PARK, oec:ot'dhf to 'h. pICIl ttt.HIOt'I fh 0IId ofr~i'I tIl. oIlIoe .,,,,. CouII'y R___. __."t"", eounf.K 11......_1" tIlo' ".. witll.... " '0.00 loot 1'OIlIIV. Cid.. 1J'to rcrdfv.poInt ofnJdd'de" ~n 10lio.<< Commer'le"', af tho -ul_.t cor'IW 0' <<1ItI Lot 5, 8kK:k Two t~ _,MI, dong fII. ItOrlh 'h. 01 MId tot ~ Blodt TfO"Oo CI .'tIMO 01 dO.oo (W,.. ~. nclf'thorl}l ,.",.,..., to NkI ~ .,. ~ of Lot .5, Blode T... 0 ...,~ of .1100 IHf '0 tho eM'. of MId oftH. I.... t.n:AL DESCRJP1JON PAI/CCl. 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NOTBS o llIENOttS 1/11NC1t ,,",""'f YOoUllflllT SI!:T AND 1IMIIlf(O 1InI A "'-"SIlC CIII ""SCJl<<b"rlilU_lll.5tH1t"'.\lflU.$$ ~OIH(ll"'.. . Ot:HOtU IlIION ~ IoICNII.fENT rOUNll SlltANOlII/lIIIiKMSASSttClt'l Il(AIiIlNCSORflloI'At[O'Ont[It{COIIIO[D~t Of Snu."I(IIlINWSTIt\A,I. P_. NUTE: P/lpll>>/-~---- ..."_/II""...._,.,,...~...~ fadI_____rIoU_. I tl(1iIf!I' alii,"" nlAI 1MS Qlt.-.c IS . toIIIIII(C' IIIP111:SDlT.ncN or nlIS$UIiIYf'.HO .u,.lIIOtf.JIof(IOtT'S".'o'!8[[/rIP!..M2:0lN M CIIIOlH)"'5 SHO_, 1HI59J1"'('0It~".SPlllP"'08'W(0It VtUIII "' OIIIII:ct SlJf'(III'f1SON ./010 I .'" . DVl." tlfClSTlMO IJIHO SUAIo'E'rOIl UNOI'A ~E L"'WS Of Tf.fE ST"'Tt QIf "'I'fNESOTA ..... , 1.---- '0 BflUC[._ tOll "'......50'''' II(Q'5~."OIo'OOO, nl:l r~d.I/1_'.". .11UO~'JI1I((lII"'N ...NN[SO''''Il[GfS:lO'''lIOHlfOl.... -'t, ,~ _.. 0"''''1) ~ OVPU lIlNH(sot" 1II(Q'i,....tlOM friO- 11nZ r"d.'l'o.e..1P. ,.,- Ifl.$ 11J9 __ - HOTI!~ omcr...(. COPIES or THIS .....P A. C1lIVP SULltl .,_'M.. ""- ............_. '- -..........."._ e e e M E M 0 R A N-O U M TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: April 11,1996 RE: DOWNTOWN PARKING CHANGE FOR SUMMER OF 1996 With the 1996 parking season beginning in May, the Downtown Parking Commission would like to make some changes to better accommodate parking. The Council should keep in mind the River Lot between Nelson and Chestnut (75 spaces) will be closed with the levee reconstruction. The following changes are recommended for City review and approval. Proposed Changes: 1. 2. 3. Sign River Parking Lot between Chestnut and Myrtle 4 hour parking. Designate spaces in River Lot north of Myrtle permit parking. Install two loading spaces on Water Street between Chestnut and Myrtle; one on east side at corner of Water and Chestnut and one on west side north end just south of the bank driveway. Allow two hour parking, as can be accommodated, on east side of Water between Chestnut and Myrtle. Grade and lay class 5 on USC parking lot for temporary summer use and sign permit parking lot Monday - Friday - 8 am -6 pm. The costs of making USC temporary lot is estimated by the city engineer to be $5 - 10,000. Change Olive Street parking lot from permit parking to four hour parking (this parking will be replaced by USC site). Authorize city engineer to contract for painting downtown curbs and mark parking spaces. Engineer's estimate will be provided at meeting time. 4. 5. 6. 7. Downtown Parking Commission Chairman Karl Ranum will be in attendance at this Council meeting to answer any questions. Recommendation: Approval of 7 parking improvements as listed above with allocating of funds for sings and improvements. cc: Karl Ranum, DTPC Chairman " " e e e MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Dock Permit Amendment Request DA: April 12, 1996 Discussion: Andiamo Enterprises has requested an amendment to the permit issued by DNR to allow 72 hr tie ups for transient boats (the tie ups are presently limited to 24 hrs.) and to allow a service boat at the dock site. The service boat is a 23' craft and will be used to service the other charter/excursion boats. The Port Authority has reviewed this request and their recommendation is to approve the requests. Recommendation: Approve request of Andiamo for 72 hr transient boat dockage and the use of23' service craft. ~~ ~~ = .....~, y ,-' UilNNESOTA ........,...4':: ~~ 0:.-.-" _ REQUEST FOR REVIEW AND e ~llNNESOTA DNR PERl\-fiT APPLICATION NUMBER: <g" - b o.CJ DATE OF REQUESf: 3 - ~ ~ -1 ~ (Note: Comments on this application are Due 30 dayS from receipt of this notice. Return Comments to: DNR - Division of Waters, Metro Region, UOO Warner Road, St. Paul, MN 55106.) PHONE: (612) 772-7910 (,r: 772-- -l en I ) FROM: _MP\. \ \ ~,^p~._ TO: C5 , ~ L_ _ tj , '\ o City / County C '- ~ ~ ~ \ \ ~ \"I 0 Y\. \ -e ) . (, o Watershed Authority (\~, ~ ~ \~ \\- - '-.Jv'G "';'( o Cons. District (SWCD) ~a\"'. Cu - ~'":V'L ~V\ 'f 01...1 o Corps of Engineers ~ ~\ { \--... ~~'&''-..l ~\..:. \^ o DNR Wildlife \" \ \~ W o DNRFisheries ~~,.')_ o DNREco. Services l N~~ _'b~c;;.\~~ o ~~~.. ~u'^''^' s,-v.r- 1 ~.~ PROPOSAL INFORMATION Applicant: ~jj?__\ ~ ~~\Jw~'\"~-- ~U~t- ) ~~~L..t Protected Water: <\- _ (/\{\.)~";N Q)~ ONR 10#: ep. 0 .. rOJect escnptlon: ~-'\ CS "f- \ } ~ K\.)s~1 \ \~"'~<s'y- Cc - t).~ C!c ~~Scrv- County: ~~)I", ... ~ M-CO\ ~-'"\\ \.}.)(){~ ~S~O'^--'~ v.J .~,....... COMMENTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): Recommendation of Reviewer: e Name of Reviewer: Title: Date: I request a copy of the recommendation of the Area Hydrologist: YES NO hDIAMO ENTERPRISES. lie ....f!.=" .~ '"''\; ..,.- ~ "J e P.O. Box 146 . Stillwater, MN . 55082 612.430.1234 \r)\~'1415/,,', :\\.. 'VI' " "\ t.. />._ \ ~' ....t... 0'/' - ~,"~ ,:,',,,,~ - \ ' IYIP,H' .:.;;;} -:;~;;\ ';:::..;\ r<.;::- ',':'", ---' ~ I _ _ _. __,...I u r~~(~~..:::.; 'll ~<: \,j./ .::. -~':, C' "':,:' "{ , I . ~ L.~\..,J MN Dept Of Natural Resources Attn: Molly Shodeen Metro Waters, 1200 Warner Road st. Paul, MN 55106-6793 . , " Molly Shodeeni We would like to request a change in our permitj Charter and General Boat Mooring #89-6206. Item # 23 we request that it reads 72 hour instead of 24 hours, and item # 25 we would request the addition of the dockage of a 26 foot service boat. Thank you for your consideration of these two items. If e you have any questions please call us at (612) 430-1234. since~ / ~ Richard J. Anderson President st. Croix Boat & Packet Company e ......:~~. .-._-.......~:.. -.-....J!.~.. -.'--:.~~.;;.:. --~~::.:=--..:. .....~.-:~. -1 -vot(! .. .. --;:/) I (\~tfi1-S-- ---> ~.'..'":. '~.~. ~~--.."-. '-,,- '-~;. ~, ~'.~.-.",. '~~'C't":':"'< .....:..~; e e e ~ l " e ORDINANCE NO. - AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILL WATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: The following Charter changes are made to Sections dealing with vacancies on the City Council and the office of Mayor. ARTICLE VI. AMENDING. Charter Section 6.02 "Vice Mayor" is amended to hereafter read as follows: "6.02 Vice Mayor. After the election of its members, the Council must, at its first meeting, elect one of its members as Vice Mayor, who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor." ARTICLE Ill. AMENDING. Charter Section 3.03 "Filling: Vacancies" is amended to hereafter read as follows: "3.03 Filling Vacancies. When a vacancy occurs on the Council, the Council must appoint another person to fill the vacancy until the next general election when a successor can be ~lected and e qualifies to fill the unexpired term of the vacancy. When a vacancy occurs in the office of Mayor, the Vice Mayor must fill the vacancy until the next general election and until the successor thereto is elected and qualifies. When the Vice Mayor takes the oath of office and assumes the office of Mayor, the Vice Mayor's City Council seat and the office of Vice Mayor become vacant. When a vacancy occurs in the office of Vice Mayor, the Council must elect one of its members to fill the office. " The following changes are made in Sections dealing with Boards and Commissions: ARTICLE XIII. AMENDING. Charter Section 13.05 (Water Board) "Membership" is amended to hereafter read as follows: "13.05 Membership. The Board will consist of three (3) members who must be voters of the City and appointed by the City Council. Appointment to and removal from the Board shall be pursuant to Section 15.08 of this Charter. Appointments, except appointments to vacancies, are for a term of three (3) years. Vacancies in the Board from any cause other than expiration of term of office must-be filled by appointment to the unexpired term. Each member of the Board must serve without compensation, must qualify by subscribing to filing an oath in the office of the City Clerk that the member will faithfully and impartially perform the duties of the office. A term of office will continue until a successor is appointed and qualified. e f ' ARTICLE XIV. AMENDING. Charter Section 14.03 (L4brary Board) "Appointment and Removal" j is amended to hereafter read as follows: e "14.03 Appointment and removal. Appointment to and removal from the Board shall be pursuant to Section 15.08 of this Charter." ARTICLE XV. AMENDING. Charter Section 15.07 (Charter Commission) "Appointment of Charter Commission Members" is added to hereafter read as follows: "15.07 Appointment of Charter Commission Members. Notice of vacancies on the Charter Commission must be published in the City's official publication and mailed to all Charter Commission members a minimum of ninety (90) days prior to the expiration of a Charter Commission member's term or upon a vacancy occurring on the Commission. The vacancy must be filled by appointment of the Chief Judge of the Tenth Judicial District pursuant to Minnesota Statutes 410.05, and if the Chief Judge fails to appoint new commission members within thirty (30) days, then thereafter the City Council may appoint new members unless, within the thirty (30) day period, the Chief Judge indicates in writing to the City Council an intention to appoint new members, in which case the Chief Judge will have an additional sixty (60) days to make the appointment." ARTICLE XV. AMENDING. Charter Section 15.08 (Boards and Commissions in General) "Appointment to and Removal from all other Boards and Commissions" is added to hereafter read as follows: "15.08 Appointment to and removal from all other Boards and Commissions. Except for the Charter Commission or where the method of appointment is controlled by State law, appointment to Boards and Commissions must be made by majority vote of the Council, however, removal must be by e 4/5th vote of the Council. " ARTICLE XV. AMENDING. Charter Section 15.09 "Notice of Vacancies" is added to hereafter read as follows: "15.09 Notice of Vacancies. Notice of vacancies on Boards and Commissions must be published in the City's official publication a minimum of thirty (30) days before a vacancy is filled." Adopted by the City Council of the City of Stillwater this _ day of 1996. Jay L. Kimble, Mayor ArrEST: Morli Weldon, Clerk - e e e STILLWATER CHARTER COMMISSION 'po ", City of Stillwater Stillwater, Minnesota 55082 March 18, 1996 Stillwater City Council 216 North Fourth Street Stillwater, MN 55082 Dear Mayor and City Council: Re: Requested City Charter changes The Stillwater Charter Commission has worked diligently over the last several years to study the provisions in the City Charter that deal with vacancy in office and appointments to boards and commissions. The study was requested because of questions that arose when recent vacancies occurred in the offices of Mayor and City Council. Further, citizens have also commented that there is a hodge podge of rules under the existing system for appointments to boards and commissions. The proposed changes are the recommendation of the Charter Commission that would establish streamlined rules for appointments to vacancies on the City Council and also provide for uniformity in the appointment process so that in all cases, appointments to boards and commissions would be by vote of the full City Council, unless a State Law requires otherwise. The Charter can be changed quite easily, of course, if the Council would consider adoption unanimously of an ordinance approving the changes. This can only be done when the Charter Commission recommends an ordinance, since if an ordinance has the support of the Charter Commission and the City Council, it almost certainly would enjoy the full support of the community. We appreciate your consideration and ask that you adopt this Ordinance for these Charter changes. ~~:J2~ Laurie Maher Chair Enclosure e e e CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council V-~/ FROM: Klayton Eckles, City Engineer DATE: April II, 1996 SUBJECT: No Parking Request on Linden and 3rd Streets DISCUSSION The City has received a request from Linden Nursing Home to change the parking restrictions on 3rd and Linden. The nursing home is located at 322 North 3rd Street. The nursing home has a problem with inadequate visitor parking and inadequate space for street parking in the winter, therefore the nursing home is requesting that the city mark the street in front of 322 and 308 North 3rd on the west side of the street 2 hr. parking. This would provide space for visitors. Also, due to the narrow road width on Linden the nursing home is requesting no parking November 1 thru April 1st on the north side of Linden Street from 3rd to 2nd. The nursing home has indicated that it intends to require some of its staff to park in the downtown parking lots and then use a shuttle to bring the employees to the nursing home. Staff has contacted the residents on the north side of Linden between 3rd and 2nd and found that these property owners are in agreement with the proposal of no parking on the north side. The attached drawing shows the proposal. Engineering and the Police Department have reviewed this request and find it acceptable. RECOMMENDATION Staff recommends council consider the request and direct staff to install appropriate signage based on the councils decision. ~ ~ N t e NO SCALE NO PARKING NOV, 1 THRU APRIL 1 e .. 2HR PARKING ~ ~~~ THE IlftlH'LACE If MINHESITA ~ PROPOSED SIGNING LINDEN NURSING HOME DR'w'G NO, 1 - L ~ e e e , t .. - CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, City Engineer fLe / DATE: April 12, 1996 SUBJECT: Long Lake Outlet Study DISCUSSION Attached is a letter from SEH which discusses the proposal for completing the Long Lake Outlet Study. The proposal breaks this study down into two phases, each phase being approximately $18,500.00. The first phase would develop a model for analyzing the hydraulic system of this watershed, also it would lay the ground work for developing a new DNR control structure for the lake. RECOMMENDATION I recommend the City Council authorize SEH to begin Phase I of the Long Lake Outlet Study for a cost not to exceed $18,500.00. , ,J , ') e "'SaJ 3535 VADNAIS CENTER DRIVE, 20Q SEH CENTER, ST PAUL MN 55110 612490,2000 800325.2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORT A TlON April 11, 1996 RE: Stillwater, Minnesota Long Lake and Outlet Study SEH No. P-STILL9612.00 Mr. Klayton Eckles, P.E. City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Eckles: e SEH is pleased to submit this proposal for the study of the watershed tributary to Long Lake and its outlet. This proposal also includes addressing modifications in the operation of the Long Lake outlet and briefly addressing the thermal impacts of the lake discharge. The following is a phased breakdown of the project scope. Phase 1 1. GSP Surveys east side of Long Lake and miscellaneous culvert crossings. 2. Site visit including Long Lake and outlet, Oak Park Heights, Bay town and Grant Township areas. 3. Retrieve existing data Stillwater, Oak Park Heights and MnDOT. 4. Develop hydrologic/hydraulic model for Long Lake based on existing watershed as defined by the Browns Creek Watershed Management Organization. 5. One neighborhood meeting. 6. One meeting with the MDNR to identify their concerns and identify constraints. 7. Review flooding/high water on Long Lake. Estimated Fee $18,500 e SHORT ELLIOTT HENDRICKSON INC, MINNEAPOLIS, MN SI CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER (" , " ) Mr. Klayton Eckles April 11, 1996 Page 2 e Phase 2 1. Model future development in watershed with general detail of annexation area. 2. One neighborhood meeting. 3. One meeting with the MDNR to discuss modifications to operation of Long Lake outlet structure and develop a proposal for modifications based on the meeting. 4. Brief review of thermal impacts, resulting from Long Lake discharge, on Browns Creek. 5. Coordination with MDNR and Browns Creek Watershed Management Organization. 6. Coordinate with City staff, attend meetings and develop summary report. Estimated Fee $18,400 Total Fee Phase 1 and 2 $36,900 SEH suggests that the first step in this study be a meeting with the MDNR to determine their e specific constraints. Shortly after this initial meeting, conduct a neighborhood meeting with the residents abutting Long Lake to discuss the study and project constraints. Based on these two meetings, SEH and City staff can re-evaluate the initial study scope to determine how to proceed. Upon acceptance of the scope of work and the associated fee by the City of Stillwater, we will begin work on the study. We propose to perform the study under our present engineering contract dated April 20, 1983. Thanks for the opportunity to be of service to the City of Stillwater. If you have any questions or concerns, feel free to contact me at 490-2178. David. , P.E. Project Manager tlo e . J e CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council Klayton Eckles, City Engineer f. e: ~ FROM: DATE: April 11, 1996 SUBJECT: Eagle Ridge TrailJDeerpath Sidewalk Feasibility Report L.I. 322 Engineering Job No. 9617 INTRODUCTION e Staff and council have been working with residents on Eagle Ridge Trail and Deerpath to resolve traffic volume and speed issues and pedestrian safety and access issues. One result of these discussions is that the city council ordered staff to prepare a feasibility study looking at options for constructing a sidewalk on Eagle Ridge Trail, Deerpath and Myrtle Street. The following is a report which looks at different options for constructing the sidewalk sections and possible funding mechanisms. DISCUSSION The attached map shows the project area. Staff looked at the entire area from McKusick Road on the north to Olive Street on the south. Sidewalk and bike trail improvements were considered along Deerpath (Segment IV), Myrtle (Segment III), Eagle Ridge (Segment I) and Neal Avenue (Segment II). The remainder of this report will discuss construction options, feasibility of construction, cost of construction and financing mechanisms for each of these segments separately. EAGLE RIDGE TRAIL - SEGMENT I Staffhas looked at a number of layouts for the sidewalk along Eagle Ridge Trail between Neal and Myrtle Street. It appears the least disruptive layout would involve construction on the east side of Eagle Ridge Trail, this route also has fewer street crossings. It is feasible to construct a sidewalk this entire length, however, due to the wetlands very close to the road near Myrtle Street this area will be somewhat difficult. The total cost to construct a five foot sidewalk for the e entire length of Eagle Ridge Trail is estimated at $112,691.00. If all of the lots on Eagle Ridge and all of the cul-de-sacs which connect to Eagle Ridge were included in a sidewalk ... improvement district there are 171 lots which would be eligible for a sidewalk improvement assessment. If 100% of the costs are spread evenly among these lots the resulting assessment would be $659.00 per lot. e One alternative that appears viable would involve narrowing Eagle Ridge Trail from Myrtle to Wildwood Court. The boulevard in this section is very narrow and will make for a difficult sidewalk construction. By reconstructing this section of Eagle Ridge Trail as a 24 foot wide street, more boulevard would become available for sidewalk construction. Constructing this section at 24 feet would also have the indirect impact of constricting the flow of traffic through this area and therefore, may reduce the speeds of vehicles travelling this section. Council will recall that residents have complained about the high speeds on Eagle Ridge Trail in this area. This entire section of Eagle Ridge Trail is in serious need of repairs, so now is a good time to consider this option. The additional cost to complete this option is estimated at $110,000.00. If 100% of this amount was spread evenly among the 171 lots in the improvement district this would add an estimated $643.00 per lot. NEAL AVENUE - SEGMENT II Another section that was examined for possible inclusion and sidewalk improvements was the section of Neal Avenue between McKusick Road and the south end of Walnut Creek Drive. This section of sidewalk would provide a needed connection between Eagle Ridge Trail and McKusick Road and also link up the VanTassel Drive neighborhood with the rest of Eagle Ridge. There is a serious draw back to this option in that it is very expensive due to the need of e constructing storm sewer pipes in order to eliminate ditches and widen the creek crossing in order to allow for sidewalk construction. The total estimated cost of this segment is $193,387.00. Including the VanTassel and Walnut Creek Drive neighborhoods in the sidewalk improvement district would add 49 additional assessable lots, therefore the total cost to construct this section and the Eagle Ridge Trail section would be over $1,400.00 per unit. Due to the high cost of this segment it may be more cost effective to hold off on construction of this segment until such time as Neal A venue is upgraded to a urban section. At that time a sidewalk could be installed for a considerable savings. MYRTLE STREET - SEGMENT III Currently there is a bike trail on the south side of Myrtle Street, but there is no sidewalk or bike trail on the north side of Myrtle between Eagle Ridge Trail and Birchwood Drive. In order to improve pedestrian flow through these neighborhoods, a trail between Deerpath and Eagle Ridge Trail would be the first priority. The City of Stillwater has contacted the Washington County Public Works Department to explore installing a bike trail along the north side, the entire length from Eagle Ridge east. Washington County is receptive to this idea and there would be some cost participation formula with the county. At this time it is unclear what the city share would be. If the city were to construct the portion between Deerpath Trail and Eagle Ridge independent of any Washington e County activity the estimated cost is $15,862.50. It's recommended this section be tabled until e e e such time as an agreement with the county can be developed. DEERP ATH AREA - SEGMENT IV Currently there is no sidewalk on Deerpath and no sidewalk on Olive Street in the vicinity of the Deerpath intersection. A sidewalk could be installed on the east or west side of Deerpath, but it appears that construction on the east side would be less disruptive and would avoid the intersection with Deerpath Court. The estimated cost to construct this entire segment is $34,222.50. The Deerpath neighborhood has a total of33 lots on Deerpath and Deerpath Court. Since the sidewalk would benefit the entire neighborhood, a neighborhood sidewalk improvement district could be created including all the lots. If the entire cost of the project is split among these thirty three lots the resulting assessment would be $1,037.05 per lot. RECOMMENDED CONSTRUCTION Staff recommends the following improvements: 1. 2. 3. Construct Segment I - Eagle Ridge Trail at a cost of$112,691.00. Construct Segment IV - Deer Path sidewalk at a cost of $34,222.00. Street reconstruction of Eagle Ridge Trail from Myrtle to Green Twig Way at a cost of $114,000.00. Develop agreement with county to construct bike trail on Myrtle. 4. The total cost of these improvements, excluding the bike trail costs, are estimated at $261,000.00. RECOMMENDED COST RECOVERY The city currently has no funding set aside for these recommended improvements, therefore, the cost of these improvements must primarily be funded by the benefiting properties in the neighborhood surrounding the improvements. The one method of achieving this is the creation of a special sidewalk improvement district including these areas. All properties in the district could be assessed the costs necessary for constructing sidewalks. In addition there are street costs on Eagle Ridge and properties bordering Eagle Ridge would need to be assessed based on a standard assessment policy for the street. The city owns property bordering Eagle Ridge so a portion of the street costs would need to be picked up by the city. Of the $261,000.00 in total project costs it is estimated that $20,000.00 of street improvement costs would be assessed to private owners. In addition, the city would be responsible for approximately $30,000.00 of street improvement costs. The remaining $211,000.00 could then be split amongst all properties in the improvement district yielding a per lot cost of$1,034.00 each or for each of the 204 lots. RECOMMENDED COUNCIL ACTION Staff recommends to the council that this project is both technically and financially feasible based on the discussion above. Staff recommends council review this information and determine if the recommended segments for construction and cost recovery methods are acceptable. If council concurs with these recommendations council should then pass a resolution accepting the engineers report and ordering a public hearing on the Eagle Ridge Trail, Deerpath sidewalk/street feasibility improvement project L.I. 322. e e e 'r-: .-' -- Ie L 32' 24' -l r-5' -:- -.. - ~ - ._~.. ~:-~I~'- ~':7 --j -- -V~~rES MILL INPLACE PAVEMENT 2" 2341 WEAR 2" 2331 BASE . I ". .-.---- -.. -- .--- .- - ---.-- --------" 24' WIDE 32' . -l r- 5' L- ~ THE IIIlTH'lACE IF MINNESIlA ~ ""- '''.....,........., '- V ARIE' -- MILL INPLACE PAVEMENT 2" 2341 WEAR 2" 2331 BASE 32' WIDE EAGLE RIDGE TR. DRWG NO. SIDEWALK TYPICAL SECTION 1 STREET RECONSTRUCTION ON EAGLE RIDGE TRAIL ITEM MILL BIT 2341 2331 TACK SUBGRADE PREP. B618 COMMON BORROW 12" R.C.P. SALVAGE APRON INSTALL APRON C.B.'S ADJUST M.H. ADJUST G.V. 35% LEGAL,ADMIN.,ENG. ENGINEERS ESTIMATE UNIT S.Y. TON TON GAL. RD. STA. L.F. C.Y. L.F. EA. EA. EA. EA. EA. QUANTITY 4850 600 600 250 15 1500 350 675 1 1 3 7 4 SUB TOTAL e PRICE TOTAL $2.65 $12,852.50 $25.00 $15,000.00 $22.50 $13,500.00 $1.65 $412.50 $250.00 $3,750.00 $6.50 $9,750.00 $6.50 $2,275.00 $25.00 $16,875.00 $500.00 $500.00 $500.00 $500.00 $1,200.00 $3,600.00 $250.00 $1,750.00 $175.00 $700.00 81465 e 35% LEGAL,ADMIN.,ENG. 28512.75 TOTAL ... 109977.8 e I' e e e L ~ I PROPOSED SIDEVlALK / SEGMENT III / / r / / 1--,,_ ., --- J ....- SEGMENT III o LOTS N + o I 200 400 , , 600 I . 100 ~ SEGMEN IV 33 LOTS PROPOSED SIDE SEGMENT IV lJ' - .0 - >- 415 w w ...J ~ W (X) ..,. 22 w - m Q. VI .0 - i~M21rrer ~~~ TNE IIIlIHHACE IF MINNESITA EAGLERIDGE TRAIL SIDEW' ALK FEASABILITY REPORT 3 DRW'G NO. ~ ~ 12033 McKUSICK Y:: <i 13093 ::3 w o I--l (/)I--l I--l ROAD NO~ ~ ~--~ I I I I I I I ~ ...~ t- , oe - R, .. 13147 ... -' i: (/) Outlot H 1-1- ZD W-l ~ L:JO'> W~ (/) >- I- I--l I- -l0::: I--lD ~Cl. <[W (/)0::: <[ W u... 8 U) 8 -l I--l <[ 0::: I-Y:: -l W<[ L:J::3 Ow I--lo O:::I--l w(/) -l L:J <[ W Outlot I N + o o ... Golf' Course I--l Y:: -l <[ ::3 W o I--l (/) o o '" o I I I I I 8031 1135 130 8005 110 IllS 7979 (/) 1-1- ZD W-l ~ L:J.--I WI"-- (/).--1 I--l 7940 7930 ~ . ~I 5 r "'0 ..J i H~ ~ -.;; . 15 S . '" llt ....s ills , ... ~i 'i J , -. It B "1 "f II '0 !IH ;; .. 7897 & 7959 7939 13310 R ... " u 'f u 13129 13199 Z I--l 0 Z '" ::3 I--l ;;; 0 I- l!l , U 13295 ru ::) (Y) 0::: I- 13305 (/) z Z ... !:: 0 U 13349 W W 0::: I- <[ W I- Z Ul 0 W 0::: "t) I--l W W ~ ::3 u- 0::: l- I- -l d '" , (/) <[ l%l ~ ~ ;;; ru u 5: NorthlQnc/ -, ... '" --- ... t- oe R >- - i " L e e . ~ . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #101 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439.5641 DAVID T. MAGNUSON l\hTTHEW A. STAEHLlNG LEGAL ASSISTANTS: MELODlE ARVOLD DANA SCHAUER MEMORANDUM TO: Mayor and City Council Staff Dave MagnUSO~ April 16, 1996 FROM: DATE: RE: Sidewalk Improvements In the past, the City has treated sidewalk improvements as local improvements and has proceeded under Chapter 429 to assess the benefit against owners directly abutting a sidewalk. This procedure is available and could be used to construct and pay for the sidewalk improvements suggested for Eagle Ridge Trail and Deer Path. An alternative method would be to proceed under Chapter 435.44 of the Minnesota Statutes that allows the City, by Ordinance, to establish sidewalk improvement districts that would have the authority to defray all or part of the total cost of sidewalk construction and repair by District and to apportion and assess to all parcels or tracts of land located in the established assessment District on a uniform basis as to each classification of real estate. The laws specifically permits this indirect District benefit assessment without regard to the location of sidewalks since the statute "deems" that all parcels or tracts of land within such an assessment District would benefit equally. This statute allows the City to assess the costs up to a maximum of five (5) years on equal annual installments plus interest on the unpaid balance. An advantage of proceeding under this Statute is that repairs, as well as improvements, could be defrayed by apportioning repair costs as an indirect benefit to all tracts within the District, since once established the District would remain in effect until the ordinance establishing the District is repealed. Let me know if action will be needed and I will prepare a proposed Ordinance for the establishment of such a District. The basis for the District, however, would need to be developed by the engineers and the planners and the viability of a District would depend largely upon the care used in establishing it in the first place. DTM/ds e e e t' CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council ILLE/ , FROM: Klayton Eckles, City Engineer DATE: April 11, 1996 SUBJECT: Pine Street Reconstruction /Water Service Repairs Feasibility Study, L.I. 295-2 DISCUSSION As part of the Pine Street reconstruction project any galvanized water services need to be replaced. The galvanized water services are obsolete and have serious problems with breakage. The Pine Street feasibility study did anticipate we would be replacing some galvanized, however there are three properties fronting on Owens which were not notified as part of the Pine Street feasibility, that have a private water service originating from Pine Street. This private service, which serves the three properties shown on the attached drawing, should be replaced in the Pine Street right-of-way. Ideally, all the water service should be replaced, but from Pine Street the services are considered private and therefore are the homeowners responsibility. Typically, one service is run for each residence in the case of this situation we have one service with multiple properties served by the same stub. The Water Board recommends we replace the water service under Pine Street with an inch and half copper. The cost of making this improvement is estimated to be at no more than $4,200.00. As per standard methodology for service replacement it is recommended that each of these properties be assessed for $1,400.00. The proposed assessment role would be as follows: PROPERTY I.D. NO. fROPERTY OWNER PROPERTY ADDRESS ASSESSMENT 10570-2600 9790-4200/4250 9790-4350 R. & P. Elovich G. & K. Johnston F. O'Brien $1,400.00 $1,400.00 $1,400.00 510 South Owen St. 511 South Owen St. 517 South Owen St. Since these properties were not included in the notification for the Pine Street project it would be advisable to hold a second hearing and notify these three property owners of the improvements. This project would be LJ. 295-2 and work would be included in the Pine Street project. I - An alternative would involve the property owners signing an agreement to install the service themselves and split the cost. This option could result in significant savings for the property owners as they could completely replace the existing galvanized from the street to their house. In this case the property owners would need to set up an agreement with the Water Board. The property owners should consider discussing this issue among themselves to determine if they can reach agreement. e A final option available to the property owners would involve the city installing a main down Owen Street to 517 South Owen. This would then make the three private lines a public main and would mean the Water Board and City are responsible for maintaining this section. This option would mean a significantly greater assessment, but could be a significant advantage to the property owners in the long run. This option is not being recommended unless all the property owners bring in a petition. RECOMMENDATION Staff recommends the City Council pass a resolution ordering preparation of an engineers report. If council passes this resolution staff recommends council pass a resolution accepting this engineers report and ordering a hearing. e e e L ~ ~ -::::::::::---" ~ "Il\ TNf IllllHnACE IF MINNfSITA ~ L, 1. 295-2 'W' A TER SERVICE REPLACEMENT SO, O'W'ENS ST. DR'W'G NO. 1 ~ e M E M 0 R A N-D U M TO: Mayor and City Council FR: Steve Russell, Community Development Director (~ DA: April 11, 1996 RE: RECOMMENDATION FOR APPOINTMENT TO THE DOWNTOWN PARKING COMMISSION The Downtown Parking Commission has two vacancies with the retirement of Ed Stuart and Paul Simonet. The Commission recommends filling the vacant positions with Bob Lillyblad and Connie Adams. Bob owns Trembley's Sweet Shop and Connie is employed by CUB. Recommendation: Approval of appointments., Attachment: Letter from Connie Adams 3-25-96 e cc: Karl Ranum, DTPC Chairman e .~ 'Cub FoodS"~ : .' .. ,,'. .:. a SUPERVALU Company 421 South Third Street PO Box 9 Stillwater. MN 55082-0009 6124397200 e March 25, 1996 Steve Russell City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 RE: DOWNTOWN PARKING LOT COMMITTEE Dear Steve: I am writing you about a conversation you and Tom Thueson had last week regarding the Downtown Parking Lot Committee. Cub Foods is interested in representation on this committee since we are involved in the River View Parking lot. e Please let Tom or me know how we can help serve the City of Stillwater on this committee. (Tom-779-2052 or Connie 779-2025). .. Sincerely, /1 ,,/7 ~ . //~/" l~.7'':~ t. etit?',.~..;:J.- Connie Adams Development Coordinator Cub Foods cc: Tom Thueson 1725TI e ~ eL JID:;'11 L 1 1 ________ _-",.::.. _ ________ ________ ________I________1________J CITY OF STILLWATER CHAMBER OF COMMERCE RESOLUTION BE IT RESOLVED: That the CITY OF STILLWATER CHAMBER OF COMMERCE supports the goals and objectives as stated by both Mainstream Development Partnership and Tom Bader/Chuck Heidbrink developers, as these goals and objectives contain proposals for businesses of local need. e The proposals make a significant improvement to the downtown business district's retail mix with the addition of a grocery store, hardware store. etc., add many new jobs to the Stillwater economy. and add to the downtown tax base. For these reasons we feel it is most appropriate to use TAX INCREMENT FINANCING for Maple Island re-use projects containing these "local need" goals. These proposals go a long way toward fulfilling the City of Stillwater's Downtown Comprehensive Plan as it pertains to the community/retail development. We therefore urge the Stillwater City Council to continue doing all that is feasible to bring the objects of these proposals to fruition. James P. Laskin President City of Stillwater Chamber of Commerce - P.O. BOX 516, STillWATER, MN 55082 PHONE 612-439-4001 FAX: 612-439-4513 N=lGEnergy,lni:. ii_ -- · r:;....-. . . . . . . 1221 Nicollet Mall Suite 700 Minneapolis. MN 55403-2445 Telephone (612) 373-5300 Fax (612) 373-5346 March 29, 1996 Stillwater City Hall 216 N 4th Street Stillwater, MN 55082 Dear Mr. Kriesel: Allow me to introduce myself ! am Doug Walker, Managing Director Resource Recovery, of NRG Energy, Inc. NRG is extending an invitation to a city official from each of those cities within the geographical limits 'ofRamsey and Washington Counties to meet with myself and associates at the Ramsey-Washington Counties' Resource Recovery Facility located in Newport. The County and Project Chairs will also be invited to attend. The purpose of the meeting is to show you the facility and the equipment used in removing recyclables from the Municipal Solid Waste (MSW) delivered to the facility and to discuss current problems in the delivery system as well as with the future of the enterprise. We also would like to facilitate a round table discussion on the effects that the loss of designation has had in the Metro e Solid Waste industry. Further, we would like to discuss methods, that you as a public official, can use to manage the long-term liabilities associated with the management of solid waste in your jurisdiction. NRG believes that a meeting will be productive and informative for all who attend. The meeting will be held on April 17th at I :00 p.m. For those of you who desire to attend such a meeting and have conflicts, a second meeting will be held later in the month of May. Please call Sue McGuire at 458-1275 to confirm your attendance. Sincerely, ~/w It Wct(HtA Doug Walker Managing Director Resource Recovery c: File J. Arends Z. Hanson H. Norgard D. Engstrom M. Hauser - @ Contains 15% Postconsumer Waste . . . Becci Cox 417 West Cherry Street Stillwater, MN 55082 Dear Mayor and City Council, Neighbors of the ravine which runs from Lake McKusick to the library are again organizing a ravine clean-up and have secured the sponsorship of both Friends of Stillwater Parks and the board of directors of Hope House of St. Croix Valley. The sixth annual event will be held Saturday, April 27, from 10 AM til2 PM in the part of the ravine that begins at Everett and Cherry and runs to the library (rain date is May 4). We are again asking the City of Stillwater to authorize city crews to remove the trash and appliances gathered by volunteers. There will be a larger volume because the pickup was never made last year, despite repeated assurances that it would be done. We ask that you direct your staff to give the project a higher priority this year, and to complete the removal by the end of May. It doesn't take long for kids and animals to spread it out again. Our sponsors also join us in respectfully requesting that the council give the area an official name. "Ravine" does not do justice to the beauty along the paths and slopes or in the meadow at the end of Cherry Street. It does not suggest a wildlife area where both fox and deer have been seen in recent years, as well as the many more common species. Nor does it reflect the huge numbers of wildflowers that literally turn it to lavender in the spring and orange in the summer. We would like to suggest "Cherrywoods", since it is Cherry Street that would run through it from one end to the other (if it went through). "Cherry Creek" has also been suggested, 'tho we feel ''woods'' is a more accurate and inviting descriptive. (There is also a possibility of naming other ravines similarly in the future, i.e. "Hickorywoods" or "Myrtlewoods" for the closest or most intercepted street). Since this ravine is slated for a nature path on at least one version of the comprehensive plan, we feel that it is important to give this an official, recognized name. This would help people begin to appreciate the area now and to give it the respect it deserves. It would also help in our efforts to stop the dumping that is still occurring. We would like to celebrate the official designation of your choice at the clean-up on April 27. Please let us know of your wishes in that regard. We would like to invite all of you to participate in the actual clean-up, as well. In the spirit ofthis year's theme "Hope SPRINGs Eternal" (chosen after this interminable winter), we hope to see you there! Sincerely, ~ Becci Cox end: Event flyer pc: District 834 School Board Friends of Stillwater Parks Hope House of St. Croix Valley J. -I::"I'N 0' J J~N S-E N l :~l . S\JL.L~i'N ATTORNEYS AT lAW RICHARD A. LIND' THOMAS D. JENSEN' TED E. SUlliVAN' PAUL C. PETERSON' ERIC A. NERNESS WIlliAM L DAVIDSON TAMARA J. BYRAM CONSTANCE L HALL TIMOTHY J. O'CONNOR SANDRA E. BRlSlEY PATRlCKM. JUAREZ AlAN W. PORTER e . - A PROFESSION.~L ! ., ASSOCIATION 150 SOUTH FIfTH STREET SlIlTE 1700 MINNEAPOlIS MINNESOTA 55402 (612) 333-3637 FAX; (6121333-1030 lV/ !.:~~""''''. April 11, 1996 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Junker Landfill Trust v. Junker Recycling, Inc., et al. Court File No: 96-C-0019-S Our File No: 5256 Greetings: PLEASE TAKE NOTICE that the Junker Landfill Trust, a Minnesota business trust, made up of small and large businesses and others by their attorneys Lind, Jensen & Sullivan, Professional Association, 150 South Fifth Street, Suite 1700, Minneapolis, Minnesota 55402, will commence a civil action against you in the United States District Court for the Western District of Wisconsin pursuant to 42 U.S.C. 9 6972(a), (citizen suit provisions of the Resource Conservation and Recovery Act ("RCRA")) as well as other Federal statutes, the Wisconsin Hazardous Waste Management Act, Wisconsin Statutes, Ch. 144, the Solid Waste and Hazardous Management Rules, Wis. Admin. Code Ch. NR 500-590 and possibly other statutes, and the common law of the State of Wisconsin. This action will be filed because information available indicates that you or your company have contributed to the past generation or transportation of waste to, or are a past or present operator of, the Junker Landfill located in St. Croix County, State of Wisconsin, and that you or your company have contributed to the past handling, storage, treatment, transportation or disposal of solid and/or hazardous waste which may present imminent and substantial endangerment to health or to the environment. " Specifically, Junker Landfill Trust intends to bring suit under RCRA 99 7002(a)(1 )(A) (42 U.S.C. 9 6972(a)(1 )(A)) and 7002(a)(1 )(8) (42 U.S.C. 9 6972(a)(1)(8)), on the basis that the unabated wastes at the Junker Landfill and failure to close properly the Junker Landfill may present an imminent and substantial endangerment to health or the environment, and that this has occurred from approximately 1972 to the present and may be continuing. -cERTI FI ED .05.-\ CIVIL TRIAL SPECIALIST BY THE MINNfS()T;\ STATE RAR ASSOCIAT1U" " t This notice is being provided to you ptlrsuant to the provisions of 42 U.S.C. 9 6972(b) and 40 CFR Part 254. Notice is also being served upon the Administrator and Regional Administrator of the United States Environmental Protection Agency, the Secretary of the Wisconsin Department of Natural Resources, and the Attorney General of the United States pursuant to 40 CFR 9 254.2. e If you have any questions regarding this Notice of Intent, you may contact the undersigned attorney for the Junker Landfill Trust. Very truly yours, LIND, JENSEN & SULLIVAN Professional Association Mf~ Ted E. Sullivan TES:prc e - e f~l' WASHINGTON .cOUNTY LEAGUE OF LOCAL GOVERNME .,A. .~ ORGANIZATIONAL MEETING Tuesday, April 30, 1996 7:00 p.m. Washington County Historic Courthouse 101 West Pine Street Stillwater, MN 55082 AGENDA e · Welcome, Dave Engstrom, Chair, Washington County Board of Commissioners . Introductions . Discussion of Interest in Forming a League of Local Governments . Identification of Possible Topics for Future Discussion Possible Topics: Transportation Growth and Development Strategies Solid Waste Management Economic Development Land Use Bonding/Budget Issues ???? . Future Direction/Next Meeting?? . Adjourn ! _ Please R.S.V.P. to Linda Engh at 430-6000 by Friday, April 19, 1996. e Stillwater Public Library 223 North Fourth- Street Stillwater, MN 55082 Board of Trustees Minutes February 6, 1996 f!!;: 'I., f}f ,~~ ;~'! :.f" ~;:' " ;-:,".{1 ,:.': 1 Members: Doeksen, Gorski,. Kalinoff*,. Lockyear, Maybanks, Nelson, Ruch, Sandeen. Director: Bertalmio. · Abse nt 1 . Call to order: A quorum being present, President Sandeen called the meeting to order at 7:05 p.m. . 2. Consent Calendar: Moved to adopt the consent calendar, including payment of bills in the amount of $1,200.00 of 1995 bills and $6,305.23 of 1996 bills. Moved by Maybanks/seconded by Lockyear. Unanimously approved. e 3. Old Business: A. Motion by Lockyear/seconded by Nelson to recommend Victor Myers to the City Council for the Board vacancy. Unanimous vote. B. Motion by Doeksen/seconded by Ruch to agree to the most recent negotiated terms with the Union. A letter of settlem.ent and agreement will be sent. Unanimous vote. C. The Board held a discussion of five areas of disagreement that were identified in individual reactions to the Long Range Plan. We moved toward clarification and consensus so Ruch could incorporate these ideas into the plan. D. The Board reviewed the Director's Personnel Evaluation by the Executive Committee. Lockyear moved/Doeksen seconded acceptance of the evaluation and recommendation of a 3% salary increase, not to exceed $54,590. Unanimous vote. E. Ruch moved/Lockyear seconded motion to accept the Exempt Wage structure as set out by Director Bertalmio. 4. New Business: A. The joint meeting of all the Washington County Library Boards will be held tentatively in Stillwater on March 4. B. We are waiting for a response from the City Council about possible library tour dates. C. We discussed a Library Centennial Committee for 1997. e 5. Adjournment: Agenda items being completed and there being no other business, President Sandeen adjourned the meeting at 8:56 p.m. Stillwater Public l..ibrary' 223 North Fourth Street Stillwater, MN 55082 e Board of Trustees Minutes Annual Meeting February 6, 1996 Members: Doeksen, Gorski,* Kalinoff*, Lockyear, Maybanks, Nelson, Ruch, Sandeen. Director: Bertalmio. * Absent President Sandeen called the meeting to order at 8:57 p.m. There were no minutes from the 1995 Annual Meeting. On a motion by Doeksen, seconded by Maybanks, the Board voted unanimously to elect the following slate of officers. President - Dave Ruch Vice President - Pat Lockyear Secretary - Sue Nelson The Board also decided to wait with committee appointments until after the Long Range Plan is adopted, because some committees may change. e President Ruch adjourned the meeting at 9:00 p.m. Sue Nelson Secretary - e e e illwater "~ - - ~ --- - -\~ THE BIRTHPLACE OF MINNESOTA J April 10, 1996 Mr. Robert McGarry McGarry-Kearney Insurance Agency 243 South Main Street Stillwater, MN 55082 Dear Mr. McGarry: Please process the enclosed claim against the City: 1. James Tate 1529 W Olive Street Sewer backup 4/1/96 Sincerely, ~~e~ City Clerk Enclosure cc: David Magnuson, City Attorney Klayton Eckles, City Engineer ~~J U ~ ,." . 'i k.J: , ,'. .. ~... CITY HALL: 216 NORTH FOURTH STILLWATER, MlmJESOTA 55082 PHONE: 612-439-6121 CLAIM AGAINST CITY OF STILLWATER \ --- T' NAME OF CLAIMANT ,-. f'r ME 5 I It c.. ADDRESS /5).i u). O(tVt. S-( 5-f,lluJ"l-f'f'K /J1A/ , WHEN 01 D EVENT OCCUR? 1- / - Cj' ~, WHERE 01 D EVENT OCCUR? LJ. (: ( 11/ t _<it e PHONE NO. 13o'd73';; Lt)AS hl-l-(.'k/^'j VIp IN -fh.~ bff<.,UhfAJ1. "f," A I Ie ,ff 1".\ + 1... Q . IcY -f-I'1 (. / . ('i 1 I... f ~:;:; c -. \ot. KeetER. 0fJ-' ' ,4 C d1.f -!-' ~ ~ ('J (' Q _ l /1l.}ft:et71<ffJ -tftf/J\ 1".7 i!J( f/'AJj~t: Cr0 5fl.l1CR lIt1]';;: /IT 3:o0f,'I'\. WHY DO YOU FEEL THAT THE CITY WAS AT FAUL T7 Cf 9 % o( fhF 1;1'11 ~ fAr: ft. o?lflY\ /J fi~ -I h( h~u0E- ~)I.A-tt?() 'fJJ'E s-lfFf'f. We /IV~ (",.1 TIL't rll.JIJ of IT fIlAI;,) J/fIJr /iN!) fAE peobk/n SA8-U IJ) ~A-r!E ~ ~fltl #!}t,fl('f~ hf~t:..(' ~'/J)fljf I/J!JrO€- It 10 illY .nt9S?'t1l'fJr . " STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED/J 0 cOll-trllj r;. - S/f)l}lf cI(rl-~1 u.f J 10 1, C e:, foR.. ?~ to <C>Q-fE~ e ~ NAME ~ PERSp/\ MAK ING REPAIR; OR GI VI NG CARE.{ f ,.f-h. j1 5 S.;;z. 1';'11-. Ko-fo- KccTt~ . Lj-to-C(0 ~ ~~ DATE la,"" . "SIGNATURE You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. e , 04/05/96 10: 17 CITY OF OAK PARK HEIGHTS ~ 6124390456 NO. 384 [;101 e :-'I AGENDA CITY OF OAK PARK HEIGHTS MONDAY, April 8. 1996 -- 5;00 P.M. 5;00 AGENDA I. Boa~~ Q~ ~view Meeting Enclosure 1 6:30 AGENDA I. Call To Order II. Visitor Comments. ~U8stions. or Concerns 1. III. Department Re~orts 1. Police 3. Parks S. Administration 2. Utilities 4. Building 6. Cable 7. Water Management Organizations 8. Strategic Planning Committee 9. OPH Business Group EnclQsure 2, 2A, << 2B e IV. Consent Agenda (Roll Call Vote) Enolosures 3, 3A. 3B, 3C, 3D << 3E 7:00 AGENDA V. Unfinished Business 1. 1995 Audit Presentation - city Auditor David Mol Enclosure 4 2. Approval of MNDOT Purchase Offer - East 5 Feet of Lots 9, 10, 11 and 12, Block 4, Oak Park Enclosure 5 3. 1996-1998 Police Union Contract Enclosure 6 4. Tim Nolde, Anchobaypro, Inc. - Proposed Townhouse Rental Development - Approval of Concept Plan Enclosure 7 << 7A e VI. Public Hearings 1. Krongaard Construction - Modification of Planned Unit Development - Changing 8 Single Family Lots into 7 Twin Home Lets & Changing an 8-Plex into a 6-Plex - Valley View Estates Addition 04/05/96 10: 18 CITY OF OAK PARK HEIGHTS ~ 6124390456 NO. 384 ~02 e Enolosure 8 2. Arcon Development - Request for Final Plat Approval - Autumn Ridge Phase III Enclosure 9 VII. New Busine~s 1. Approval of Park Commission Breakfast Enclosure 10 2. Proposed Change Order No.1 - ADA Improvements - Decrease Cost $645.00 Enolosure 11 4. Approval of Street Sweeping Bid Enclosure 12 VIII. 5. Recycling at Apartment Buildings Approve Bills & Investmenta IX. Correspondence :1.. Adjournment: e Closed Meeting: The meeting will be closed for an update on pending litigation. Enolosure 13 .. e e e e Chair: AQenda: Minutes: Treasurer: Attornev: Planner: Enqineer: Public Works: Clerk: Committees: Stillwater Township April 11, 1996 Takemoto 7:30 p.m. Regular Meeting Adopt Approve Minutes - March 28, 1996. Claims & Checks 1. Update Wetlands in Rivard Subdivision area 1. Update Truck 2. McKusick Railroad Crossing 3. Status new employees 4. Update Long Lake 1. Miscellaneous People - 8:30 PM: 8:30 Jerry Walters: rent space at town hall re: cellular tower 8:45 Ed Otis Old Business: New Business: Note: 1. Annexation Discussion 1. Claims Please 2. Don't Forget - Board of Review April 10 at 5 p.m. 4/7/96 Pat Bantli ~ ~. . ::1 ~..,~;~ i' ., ",..,tiij,..J ..:~;f'~ f<'* .'.~ t. '! ~:' '1 li"'/~:i'I:~ ~, -,1,""" !',~- . ~: ~. r~, ... e T~aVl~ ~OIA for beiVlg a part of OlAr visioVl to preserve aVld empower families G1Vld COVllVYlLM1itics, Yow slApport aVld comvvlitvvlel'1t to StroVlg families aVid ~eC1lt'0Ij COV\o1I1'lv1l1itics ~as Vie/ped ma~e tViis visiOYl (l reoiiil). Pleose JoiVl VIS 05 we celebmtc tVie rcmlrJictiDvl fAMILY & CHILDREN'S RESOlARCE CENTER INCLIADING THE THERAPEIATIC LEARNING CENTER Frida~1 Ma~ 10, 1996 3 ;()()-6 :()() poVVl, HSI-Oa~dC1le Office 7066 Stillwoter BOlAlevord NortVi Oo~dole, MN · (612) 777-5222 . " I ~ ~. ~...~ ~,'~ ; .~ i 'r I . ~.. I.'t :~, .j ~. 'Vi .' I , ~i>'Jf ;;1 Jf1';~ t~;;;~*J4 ~. ;;, ~ . ,; :;. ~ I,. " 'i. e e 694 Human Services, Inc. 7066 Stillwater Blvd. N. Oakdale,MN 55128 612-777-5222 . l " . ,.~ ~ <1i < la c8, .l!:l ~ 5 ~ ~ ~ ~ 10th Street 94 +~ ~;;"~f .. ~\"r.r'. I ,. . , . -' 4 * ..~ i\ ;.~.'i'~'.'.!.' '..", "f".' ." ." ,,-'("(!Ii., .,' .~:i..:,.,.,. e:. - T~e , f'vJi5f1ed, BlAildiVlq 15 I tiVllAe5 ,,, I wor~ COVl rfle () ~ ~ .~;~ ~,~~ I' . 'I'. i i J ,,,,II Iii) I & h"~i~ ~ f~ ,1 t ~ ;:~:~i~ ~. :.~ ,; ,,;, k. I f f " j I' i. W ASIIINGTON - COUNTY Dennis C. Hegberg District 1 Mery Heuser District 2 Welly Abrehemson District 3 COUNTY BOARD AGENDA APRIL 16, 1996, 9:00 A.M. My,. Peterson District 4 Deve Engstrom District 5/Chelr ROLL CALL CONSENT CALENDAR PUBLIC WORKS DEPARTMENT - D. WISNIEWSKI, DIRECTOR AWARD BID FOR THE COURTS REMODELING PROJECT GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR PRESENTATION BY GRANT TOWNSHIP RESIDENTS ON WATER PROBLEMS IN KISMET BASIN 5. 9:25 DISCUSSION FROM THE AUDIENCE 1. 9:00 2. 3. 9:00 4. 9:05 6. 7. 8. 9:40 9. 10. 10:40 10:50 TO 11:50 11. 11:50 TO 12:20 VlSTTORS AUY SHARE 71IEJR CONCERNS wrm '/HE COUNTl BOARD OF COMM/SSlONERS ON ANY rrEM NOT ON '/HE AGENDA. '/HE CHAIR WIlL DIRECT '/HE COUNTl ADMINISTRATOR TO PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPE11T10US OF PREVIOUS SPEAKERS AND TO UMlT YOUR ADDRESS TO F1VE M1NU1l:S. COMMISSIONER REPORTS - COMMENTS - QUESTIONS THIS PERIOD OF TIME S1IAU BE USED BY '/HE COMM/SSlONERS TO REPOKT TO '/HE FUU BOARD ON COMMTlTEE AC11VTl1ES, MAKE COMMENTS ON AUTIFRS OF INTEREST AND INFORMATION, OR 1WSE QUESTIONS TO '/HE STAFF. TIllS ACTION IS NOT INTENDED TO RESULT IN SUBSTANI1VE BOARD ACTION DURING THIS TIME. ANY ACTION NECESSARY BECWSE OF DISCUSSION WIlL BE SCHEDULED FOR A FUITJRE BOARD MEETING. BOARD CORRESPONDENCE EXECUTIVE (CLOSED) SESSION-J. HONMYHR, HUMAN RESOURCES DIRECTOR NEGOTIATION STRATEGY FOR 1996-98 AGREEMENTS WITH ESSENTIAL UNITS ADJOURN BOARD WORKSHOP WITH PUBLIC WORKS DEPARTMENT - ROOM B DISCUSSION ON JOINT COUNTY DITCH #1 BOARD WORKSHOP WITH OFFICE OF ADMINISTRATION - ROOM B COMBINED CHARITABLE FUNDS POLICY * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING ON APRIL 30, 1996 - 5TH TUESDAY MEETING NOTICES Date ColllJllittee Time Location Apr il 16 Mental Health Advisory 4:00 p.m. Oakdale city Offices April 16 Public Health Advisory 5:30 p.m. Washington county Government Center April 17 Plat Commission 9:30 a.m. Washington county Government Center April 17 Legal Assistance 12:00 p.m. Cane Lakes - stillwater Apr il 17 Transportation Advisory 2:00 p.m. 230 E. 5th St.-Mears Park Centre April 18 MELSAjMetronet 12:00 p.m. 15700 36th Ave. N. - Plymouth Apr il 18 MELSA Personnel Committee 2:00 p.m. 15700 36th Ave. N. - Plymouth April 18 Minnesota Extension 5:00 p.m. Extension Offices - Rooms A & B April 18 Parks and Open Space 7:00 p.m. Washington County Government Center Assi6five Jiatening device. .,. evailllble for UM in me County Soard Room. If you need ..snlnce due to dilJllbility or IIIn(1U11(1e be";e,, pi.."" ClIH 43(}.6000 (TDD 439.32201 EaUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 16, 1996 e The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION ITEM A. APPROVAL OF THE APRIL 2, 1996 BOARD MEETING MINUTES. B. APPROVAL OF RESOLUTION PROCLAIMING THE WEEK OF APRIL 21-27, 1996 AS NATIONAL VOLUNTEER WEEK. C. APPROVAL OF AMENDMENT TO RENEW THE CONTRACT FOR FOOD VENDING SERVICES WITH BEST INCORPORATED. D. APPROVE MEMBERS TO SERVE ON THE CORE COMMITTEE TO DRAFT THE COUNTY'S OPEN SPACE DEVELOPMETN ORDINANCE. AUDITOR-TREASURER E. APPROVAL OF RESOLUTION, APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM CHILDREN'S HEALTH CARE - ST. PAUL TO BE USED AT APPLEWOOD HILLS GOLF COURSE, GRANT TOWNSHIP. F. APPROVAL OF RESOLUTION, AUTHORIZATION TO CLASSIFY AS NON- CONSERVATION AND AUTHORIZATION TO OFFER TAX-FORFEITED PARCEL AT A PRIVATE SALE. COMMUNITY SERVICES G. APPROVAL OF THE LOCAL SERVICE UNIT PLAN UPDATE FOR STATE PROGRAM YEAR 1997 (JULY 1, 1996 THROUGH JUNE 30, 1997) FOR SUBMISSION TO THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY. e HUMAN RESOURCES H. APPROVAL OF BANDING AND GRADING OF THE REVISED JOB DESCRIPTION OF CHILD SUPPORT OFFICER IN THE COMMUNITY SERVICES DEPARTMENT FROM B23-1 TO B24-1. I. APPROVAL OF BANDING AND GRADING OF NEW JOB DESCRIPTION OF HIGHWAY DESIGN ENGINEER IN THE PUBLIC WORKS DEPARTMENT AT C44-1; APPROVAL OF JOB DESCRIPTION. J. APPROVAL OF POLICY #5023, OCCUPATIONAL EXPOSURE CONTROL PLAN FOR TUBERCULOSIS. PUBLIC WORKS K. APPROVAL OF RESOLUTION, CONVEY UNNEEDED SIGHT CORNER ALONG CSAH 16 TO CITY OF WOODBURY. L. APPROVAL OF RESOLUTION, SELL EXCESS RIGHT OF WAY ALONG CSAH 13 IN THE CITY OF WOODBURY. M. APPROVAL OF PROFESSIONAL DESIGN SERVICES CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR ENGINEERING SERVICES ON CSAH 21/CSAH 28 IN AN AMOUNT NOT TO EXCEED $56,000. N. APPROVAL OF RESOLUTIONS, SEASONAL MATERIALS BID AWARD FOR SAND, PLANT MIXED BITUMINOUS, AND PLANT MIXED BITUMINOUS SURFACE INPLACE. e, I .COIISent Calendar items IIrC genera1ly defmed as items of routine business, not requiring discussioo, and approved in ooe vole. Commissiooers may elect to puU a Consent Calendar item(s) for discussioo and/or separate actioo. COUNTY BOARD AGENDA APRIL 9, 1996, 9:00 A.M. Dennis C. Hegberg District 1 Mary Hauser District 2 Wally Abraharneon District 3 W ASIllNGTON COUNTY Myra Peterson District 4 Dave Engstrom District 5/Chalr 1. 9:00 ROLL CALL 2. CONSENT CALENDAR 3. 9:00 AUDITOR-TREASURER'S OFFICE - R. STAFFORD, AUDITOR-TREASURER A. SUBDIVIDING TAX-FORFEITED PARCEL IN THE CITY OF OAKDALE INTO TWO PARCELS B. CONVEYANCE OF TAX-FORFEITED LANDS FOR AN AUTHORIZED PUBLIC USE C. CONVEYANCE OF TAX FORFEITED LANDS FOR AN AUTHORIZED PUBLIC USE 4. 9:15 GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR A. LEGISLATIVE UPDATE - SUSAN LADWIG B. DISCUSSION ON TIPPING FEE AT THE RESOURCE RECOVERY FACILITY 5. 10:00 DISCUSSION FROM THE AUDIENCE VISITORS MAY SHARE 7HEIR CONCERNS WTTH THE COUNTY BOARD OF COMMJSSIO~ ON ANY ITEM NOT ON THE AGENDA. mE CHAlR WIlL DIRECT THE COUNTY ADMINIS11<<TOR TO PREPARE RESPONSES TO YOUR CONCERNS. YOU ARE ENCOURAGED NOT TO BE REPETTllOUS OF PREVIOUS SPEAKERS AND TO LIMIT YOUR ADDRESS TO FIVE MlNUlES. 6. COMMISSIONER REPORTS - COMMENTS - QUESTIONS 17lIS PERIOD OF TIME SHAlL BE USED BY THE COMMJSSIO~ TO REPORT TO THE FUlL BOARD ON COMMlITU ACIlV111ES. MAKE COMMENTS ON MATTERS OF INlFREST AND lNFORMA110N. OR IWSE QUES110NS TO THE STAFF. 71IJS AClION IS NOT INTENDED TO RESULT IN SUBSTANTlVE BOARD AClION DURING 17lIS TIME. ANY AClION NECESSARY BEctUSE OF DISCUSSION WILL BE SCHEDULED FOR A FVlVRE BOARD MEE11NG. 7. 8. 9. 10:15 3:30 TO 4:00 BOARD CORRESPONDENCE ADJOURN BOARD WORKSHOP WITH PARK AND OPEN SPACE COMMISSION - ROOM B COUNTY POLICY ON ACCEPTING LAND FOR OPEN SPACE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING ON APRIL 30, 1996 - 5TH TUESDAY MEETING NOTICES Date Committee Time Location April 8 April 9 April 10 April 10 April 10 April 10 pr il 11 pr il 11 April 11 MELSA Personnel Committee Finance Committee Meeting 911 Board HRA Board Solid Waste Advisory Board Library Board Community Social Services Board Workforce Council Metro TAB 12:30 p.m. 1:30 p.m. 10:30 a.m. 3:00 p.m. 5:30 p.m. 6:30 p.m. 7:30 a.m. 8:00 a.m. 12:30 a.m. 570 Asbury Street - St. Paul Washington County Government Center 2099 University Ave. W. - St. Paul Washington County Government Center Washington County Government Center Woodbury Library Washington County Government Center Washington County Government Center 230 E. 5th St.-Mears Park Centre AuistiVIJ listening devices .re .v"ilable for use in the County BOlIrd Room. If you nHd .~smnc. due to diSllbility or language berrier, please cell 430-6000 rrDD 439-32201 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOAR]) OF COMMISSIONERS CONSENT CALENDAR* APRIL 9, 1996 e The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ADMINISTRATION ITEM A. APPROVAL OF THE MARCH 26, 1996 BOARD MEETING MINUTES. B. APPROVAL TO APPOINT PATRICK TAYLOR, GRANT TOWNSHIP, TO THE HISTORIC COURTHOUSE ADVISORY COUNCIL TO A FIRST TERM EXPIRING DECEMBER 31, 1997. AUDITOR-TREASURER C. APPROVAL OF ABATEMENT CLASSIFICATIONS. APPLICATIONS FOR HOMESTEAD HEALTH, ENVIRONMENT AND LAND MANAGEMENT D. APPROVAL TO ACCEPT THE 1995 EMPLOYEE WELLNESS PROGRAM ANNUAL REPORT. HUMAN RESOURCES E. APPROVAL OF COUNTY BOARD POLICY #5020 - RESPECTFUL WORKPLACE. PUBLIC WORKS F. APPROVAL TO ADVERTISE FOR BIDS ON CSAH 21 PAVEMENT REHABILITATION. SHERIFF G. APPROVAL OF RESOLUTION RECOGNIZING THE PUBLIC SAFETY DISPATCHERS IN WASHINGTON COUNTY IN HONOR OF NATIONAL PUBLIC . SAFETY TELECOMMUNICATIONS WEEK. H. APPROVAL FOR.COUNTY BOARD CHAIR AND COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT FOR EXTRA FUNDS FROM THE DNR TO ASSIST IN ENFORCEMENT OF BWI LAWS. e .Consent Calendar items are generally defmed u items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a COIIscm Calendar item(s) for discussion and/or separate actiOll. It METRO DIGEST March, 1996 @ e @ A digest of actions taken by the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks & Open Space Commission and Metropolitan Sports Facilities Commission. Minutes of all Council and Commission meetings arc filed with the Legislative Referencc Library, 645 State Officc Building, 6th Floor, in St Paul for a period of up to two years and can be viewed by the public. Call the appropriate commission or operations area for meeting information and/or specific questions. April 5, 1996 ~ Metropolitan Council The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St Paul, MN, 55101. The Council's general number is 291-6359 (TDD: 291-0904). Call the Metro Infonnation Line at 229-3780 for recorded information about Council publications, Council actions, coming meetings and subsidized housing refcna1s. Recent Council publications can be found at major public libraries in the Metro Area. Publications can be ordered by e-mail.Theaddressis:data.ccntcr@mctc.state.mn.us. Comments can be made to that address as well as 291-6536, the Metro Council Public Comment Line. The Council... Communitv Develooment . approved an amendment to the comprehensive plan for the city ofRogcrs for replanning and rezoning. e . approved.an amendment to the comprehensive plan for the city of Cologne and infonned the city that it could adopt this amendment without requiring a plan modification. . awarded $23 milli~ to four pilot projects for the Livable Communities Demonstration Program: Boulevard Gardens, Minnctonka; Lake Street and Fourth Avenue, Minneapolis; Phalen Village, St Paul; and St Louis Park City Center. . found the city ofCarvcr's Comprehensive Plan Update gcncra1ly consistent with Council policies and infonned the city of the following: 1. that the city could adopt the amendment for Stage I for the period 1995-2002 with no plan modification; 2. that the Council will not change its forecasts for the city at this time, that the city can use its own forecasts for the Stage I planning period but cautioned the city that its forecasts may not occur as expected and it should base future capital improvements on trends in building permits rather than the availability of platted lots; and Ie 3. that the Council acknowledges that the city's Stage IT concept plan for the period 2003-2020 includes an a1tcmative for future sewer treatment that calls for a regional connection to the Metropolitan Disposal System (MDS) through the city of Chaska. The city was advised that the Councirs present Wastewater Treatment and Handling Policy Plan docs not propose providing regional wastewater treatment to the city of Carver and that design capacity planned for the Chaska intcn:cptor which is presently under construction docs not include service to Carver. The city was advised that the Council makes no commitment to provide regional treatment at this time, and that the city should n>examinc the issue of future sewage treatment in 2000, or at such time as its interim wastewater treatment plant expansion approaches capacity and submit a comprehensive plan amendment at that time for Council review. Environment . approved the use of the 1995 positive variance. . authorized its Regional Administrator to award and execute a contract for MWWI'P Secondary Treatment Improvements Project, MCES Project Number 950650, to Madsen Johnson Corporation, 901 Industrial Street, Hudson, WI 54106 for their low bid of$26,860,OOO. l!!!!!!2 . approved an amendment to Appendix A of its Non- Rcprcscnted Plan which details the most current listing of unclassified positions. . adopted Resolution 96-03 designating members of the MSRS unclassified retirement program. . consented to Smith Parker's rcprcscntation of the Minneapolis Public Housing Agency in Hollman v Cisneros consent decree implementation matters and authorized the Council's General Counsel to execute appropriate consent documents. . adopted Resolution 96-04 supporting a grant proposal to the Minnesota Board on Government Innovation and Cooperation, application No. CP-~. . approved the contract for an agency-wide Employee Assistance Program with OOR &; Associates as the program provider. . adopted revisions which would cn:ate one agency 1996- 1997 Affinnative Action Plan for submittal to the Minnesota Department ofEmpJoy.:e Relations; and amended Section 3.3 by adopting a Discriminatory Harassment Policy. . approved Resolution 96-05, providing for the sale of $8,465,000 of General Obligation Sewer Refunding Bonds. Series 1996A and the sale of S32,520,OOO General Obligation Sewer Refunding Bonds, Series 1996B. . authorized its Regional Administrator to enter into a ~year legal services contract with Pustorino, Pederson, Tilton &; Parrington at the hourly rate oUI07 per hour and with such other tenns and conditions as the Regional Administrator determines appropriate. . authorized its Regional Administrator to enter into an IS-month 1egaI services contract with King &; Hatch at the hourly rates of$85 to $120 per hour and with such other tenns and conditions as the Regional Administrator detenninc:s appropriate. . authorized its Regional Administrator to negotiate an extension of the lease for Mears Park Centre. . authorized its Regional Administrator to amend the contract with Suburban Health ~ Benefits, Inc. (a succ:essor to Benepro, Inc.) for the purchase ofTPA Services for MCES through 10/31/96 for an amount not to exceed $125,000 total. . adopted Resolution 96-06 awarding the bid on the sale of General Obligation Sewer Refunding Bonds, 1996 Series A, to ABN AMRO Securities at a net interest cost of 4.8()990.4. . adopted Resolution 96-07 awarding the bid on the sale of General Obligation Sewer Refunding Bonds, 1996 Series B, to ABN AMRO Securities at a net interest cost of5.1591%. . approved Resolution 96-08 authorizing the Regional Administrator to execute a continuing disclosure agreement and approve amendments to the Council's General Obligation Sewer Notes, Series 1989B, Series 1990E, Series 1991C, and Series 1991E in substantially the fonn on tile in the Regional Administrator's Office. l!II!! . approved a land exchange request for Rice Creek Chain of Lakes Park Reserve in Anoka County as follows: The Metropolitan Council: 1. approved the city ofLino Lakes' request to exchange 2S acres ("Site Dj within the boundaries of Rice Creek Chain of Lakes Park Reserve for Page 2 other lands outside the parle reserve if conditions are met in the following sequence: a. the Metropolitan Council approves a revised Policy 15 as proposed for hearing on April 1 as part of the regional trails policy plan amendment; e b. the city ofLino Lakes p1aces perpetual conservation easements on Site D subsequent to final approval of tile "Town Center" site master plan. Thc.~rvation easements must include alt~.not impacted by the proposed community center and city hall- police station plus a SO-foot-widc perimeter of the central wetland feature on the site. Perpetual conservation easements must prohibit any disturbance of the vegetation except as approved by the Anoka County Board of Commissioners; and c. As a part of the "Town Center" site master plan, the city ofLino Lakes must submit to the Metropolitan Parks and Open Space Commission and the Metropolitan Council for review and approval a stonnwater runoff ana1ysis to indicate what effect the "Town Center" will have on the remaining adjacent regional rccrcation open space. The analysis should show whcrec.moff goes for pretreatment. where it nows into tile regional park and the effects of tile runoff as required by the Council's InlJlrim Strategy for Nonpoint Source PoDution. The "Town Center" site master Plan. along with the perpetual conservation easements, must be reviewed and approved by the Metropolitan Parks and Open Space commission and tile Metropolitan Council with the option to reduce the amount ofland deleted fiom the park. e 2. If conditions to recommendation 1 are met, the city ofLino Lakes will be requested to submit a revised comprehensive plan and a MUSA extension for Metropolitan Council, review and approval. The comprehensive plan amendment must include a more completc 1raftic analysis of the "Town Center," along with the implCts of any other new development associated with further land use changes or MUSA expansion. The city should also address traffic mitigation measures to lessen the impact of any new development on the I-35W interchange with T.H. 49 and the I-35W mainline, as well as address the adequacy of the minor arterial system. . responded to Washington County's request to add Ccridian Rccreation Area to tile Regional Rccreation Open Space System as follows: The Metropolitan Coullcil sent two letters to Washington County. One letter stated that the Council has made a preliminary findinStbat the acquisition of i el March, 1996 e @ METRO DIGEST @ 422 acres of the Ccridian Recreation Area that is currently used for recreation and conservation reserve is complementary to the Regional Recreation Open Space System and that the land is unique and provides more public ~.St Croix River. The second letter stated that at tRie:t1:it* the Council cannot say whether or not it would finance all or part of the acquisition costs of Ccridian until the following conditions are met Minnesota can be met by the continued development of the Minncapolis-St Paul International Airport through the year 2020; 3. confirmed approval of the MSP International Airport Long T cnn Comprehensive Plan, called Development Concept 6, including: 1. a master plan for the parle is submitted by Washington County and made part ofa public hearing on adding Ccridian Recreation Area to the Regional Recreation Open Space System; and a. a 2010 comprehensive plan for development of the MSP International Airport; and b. a 2020 conceptual plan to be used for planning and environmental review purposes; a. the need for the entire S72 acres to be part of the regional park system or 422 that is currently used for recreation or under conservation reserve; 4. agreed to work with the Metropolitan Airports Commission and with affected communities to develop a comprehensive noise mitigation plan and program and other potential community protection measures for areas affected by aircraft operation within 180 days after a recommendation regarding future airport development is submitted to the legislature; 2. the Council considers the following issues from the hearing and any other forums necessary regarding: e b. the implications and possibility of selling Cottage Grove Ravine Regional Park to the . city of Cottage Grove as a way to finance Ccridian acquisition, if such a sale would not adversely affect meeting regional recreation needs for this part of the region; and c. the timing and amount of any funding for Ccridian subject to the Council's decisions on 1998-99 and future regional recreation open space CIPs, since a large amount of the existing 1998-99 ClP is proposed for reimbursement projects. S. agreed 10 immediately notify affected communities of its adoption ofConccpt 6 as its year 2020 system plan for the cicVclopmcnt of the Minncapoli..st Paul International Airport and to provide guidance to communities that must revise their comprehensive plans and zoning ordinances to be consistent with regional plans for aviation facilities; and 6. endorsed the governor's request that the 1996 Legislature act on these recommendations. TranmortatioD . tabled action on the Flying Cloud Long- Tcnn Comprehensive Plan. . authorized its Regional Administrator to enter into an agreement with MnDOT to construct an HOV ramp meter bypass from Highway 169 to 1-394 in an amount not to cxcccd $200,000. . adopted the findings and conclusions of the report on the MAC Capital Improvement Program; and adopted the following recommendations which were transmitted to the MAC: . authorized its Regional Administrator to enter into an agreement with MnDOT to construct a bus ramp from Roscdale Park-Ride lot to Highway 36 in an amount not to exceed $140,000. 1. that the HHH Terminal expansion be approved; 1. adopted the Findings and Conclusions contained in the Report to the Legislature on the Dual Track Airport Planning Process; 2. that approval offunding for expansion of Flying Cloud Airport be def~ until the long-term comprehensive airport development plan has been reviewed and approved by the Council; 3. that the MAC be encouraged to start the permanent capital project for control of glycol and stonnwater management at MSP as indicated in the 1997 ClP program; . took action regarding the dual track airport planning process as follows: e 2. determined that the aviation needs of the Twin Cities Metropolitan Area and of the State of 4. that the MAC be encouraged to complete the individual airport environmental i.udits and include Page 3 March, 1996 capital funding for sanitary system connections in the next CIP; and 5. that future CIPs reflect the phasing/staging of development as recommended in each airport's comprehensive plan. . authorized its Regional Administrator to enter into a contract with Interstate Detroit Diesel for remanufacturing up to 100 Detroit Diesel engines in an amount not to cxcc:cd $10,763 each and urged Transit Operations and ATU members to meet and discuss how employees can participate in an associated contract that is cost competitive with the Interstate Detroit Diesel contract . authorized staff to set a public hearing on Tuesday, April 30, 1996. at 7:30 p.m. at Woodbury City Hall in coordination with the city of Woodbury to solicit public input on the proposed Woodbury transit service plan. . authorized the Regional Administrator to negotiate and execute a contract with MnIDOT to receive reimbursement ofTDM cxpcnscs of the Metropolitan Council and the 1-494 Corridor Commission in an amount not to cxcccd $2,392,600. . authorized the Regional Administrator to negotiate and execute a contract with LJR. Inc. for operation and management of a transportation demand management demonstration at Hamlinc University in an amount not to exceed "$28,000. . approved the Procedures and Project Selection Criteria for the Metropolitan Council Regional Transit Capital Funds as incorporated in the application materials dated March 18, 1996. . authorized the Regional Administrator to amend the second half 1995 Minnesota VIllcy Transit Authority Management Plan and Budget by increasing the current operating subsidy by $43,892 for a new total contract C?JlCOlting subsidy not to cxcccd $2,640,689. The Council also: e . waived the attorney-client privilege with respect to the June 21,1991, 1cttcr from Popham Haik attorney David Jones to the McG1adrcy &. Pullen finn. . approved the appointment of Sally Patterson to the Metro HRAAdvisory~. . approved the appointment of ROBie Smith-Pilgram to the Transportation Accessibility Advisory Committee. . confinned Jules Smith's appointment to the Council's Fmance Committee. . approved the appointment of Alan Gingold and Kathy McGraw to the Providers Advisory Committee. . approved the appointment of Dale Gustafson to the Transportation Advisory Board. New Publicatioas Council publications arc available from the Council's Data Ceoter. For a free and completc.list of publications, write the Metropolitan Council Data center, 230 E. Ftfth St, St Pau1. MN 5S 10 1, or cai1 ~91-8140. E-mail address is: data.ccntcr@metc.statc.mn.us. There is a charge for some pub1ications. e The biweekly Cowu:il Directions newsletter provides information on regional issues and Council programs. If you wish to receive a copy of Council Dindions, call Carol Bcrcnsat291-6447. . Metropolitan Commission Activities Metropolitan Airports Commission (MAC) Metropolitan Airports Commission offices arc located at 6040 28th Av. S., Minneapolis. MN. SS4SO. For more information, call Lynn Sorensen at 726-8186. The Commission: . approved nine actions related to the dual track process, five of which arc included in the first four actions taken by Council as detailed on page 3 of this publication, and in addition: 1. directed staff to complete an update of its plans in five years; Page 4 2. authorized statrto take actions to protect approaches to existing and proposed nmways, spccifically to initiate the process for acquisition of property in the south approach to the north-south runway, including a selection process for legal counsel; 3. directed statrto amend the capital improvement program to incorporate appropriate projects identified in the 2010 Long Tcnn Comprehensive Plan; and 4. directed staff to include the Commission's action in the Report to the Legislature and to forward the document to the Govemor and the Legislature. ei March, 1996 e @ METRO DIGEST @ Metropolitan Parks & Open Space Commission (MP&OSC) Metropolitan Parks & Open Space Commission offices are located at Mears M~trc, 230 E. Fdlh St, St Paul, 55101. For more information, call 291-6456. The Commission: . approved a land exchange request for Rice Creek Chain of Lakes Park Reserve in Anoka County as detailed under Council actions on page 2 of this publication. . responded to Washington County's request to add Ceridian Recreation Area to the Regional Recreation Open Space System as detailed under Council actions on page 2-3 of this publication. Metropolitan Sports Facilities Commission (MSFC) - ..'.:'"(", Metropolitan Sports Facilities Commission offices are located at 900 South 5th St., Minneapolis, MN 5S415. For more information, call Judy Somers at 335-3310. The Commission: . approved plans and specifications for the 1996 Video Camera Replacement Project . authorized the Chairman and Executive Director to negotiate a one-year agreement with the Twins for advertising during Twins games. . approved the sale oflottery advertising in the Metrodome. . approved the sale of Indian gaming advertising in the Metrodome. . rejected Leroy Signs' bid for the Plaza SisnaB~er Project for noncompliance Vlith the specifications. . approved Resolution 96-07 A. approving bid and awarding contract for the 1996 Plaza Project Bid Pack 2, Banners, to Commonwealth Electric in the amount of $69,359. . authorized plans and specifications for the 1996 Plaza Project Bid Pack 4, Trivision. - Page 5 . authorized plans and specifications for 1996 Plaza Project Bid Pack 5, Signage. . authorized the chair and Executive Director to execute a one-year contract extension and a new three-ycar labor agreement with Local 563. Additional actions taken in January that were unavailable at press time for inclusion in previous issues are as follows: The Commission: . elected officers for 1996. . approved new uniform selection of Volume Services. . accepted 1995 SIT Investment Report; approved continuing with SIT Investment Group. . amended the 1996 Capital Improvements Budget to reflect the Upper Deck Twins Curtain Project and the restrooms and production office addition. . approved Resolution 96-04 authorizing the execution and delivery of a p\!f'Cbase agreement for the sale of the Met Sports Center site, approving the recommended transaction price and authorizing a public hearing. . approved Resolution 96-02 supporting the Minneapolis Convention Center expansion. . adopted the final report of the Advisory Task Force on Professional Sports in Minnesota and approved it for presentation to the legislature. . approved Resolution 96-05 supporting a new baseball stadium. . approved 1996 contracts for legislative representatives and General CoUnsel Services. . approved support of the Tax Increment Fmancing (11F) bill when it comes before the legislature. . approved Resolution 96-06 setting a sa1ary range for the position of Chair and 1996 compensation for Chair Henry J. Savelkoul. March, 1996 . April 11,1996 STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. PRESENT: Chairperson Jack Takemoto; David Francis, Jerry Hicks Treasurer Warren Erickson, Meg McMonigal and Engineer Supervisors Louise and David Johnson. Attorney Tom Scott, Paul Pearson. Bergeron, Also, Planner 1. AGENDA - M/S/P Francis/Hicks moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Bergeron/Francis moved to approve the 3/28/96 Town Board Meeting Minutes as amended: 1. In item 9 change established to identified. 2. Schroeder Variance item 1 of the motion change Removal of a to Removal of the followinq: a barn, etc. 3. Item 11 change Clayton to Klayton. (5 ayes) 3. TREASURER - Claims #911 thrQugh #931 were approved for payment. .4. PLANNER - Board explained that there is no policy on private roads as they are not acceptable to the Township. 5. ENGINEER - Re: Ms. Hemen's letter of concern for future water problems in the Rivard Subdivision area, the Engineer does not foresee future problems. The Engineer will prepare a statement for the City of Stillwater with a copy to Browns Creek about -the necessity of stormwater run-off being contained. 6. PUBLIC WORKS - 1. Bids in for trucks next meeting. 2. Lo~ise Bergeron will ask Zephyr to remove a portion of the siding at the Marylane railroad crossing so the Township can smooth out the roadway. A response will be requested. 3. Eric Larson has been hired to work in the Public Works Department. 4. Still waiting for D.N.R. permission to open 72nd Street so Long Lake can be lowered. Culverts appear to be open. 5. Marine-on-St. Croix will rent us a chipper. Consensus of Board to aggressively clear out ditches so roadsides can be mowed. 6. Sealcoating bid to be sent in. 7. PARK COMMITTEE RESIGNATION - M!S!P Hicks/Bergeron moved to accept .Jim Fitzgerald's resignation from the Park Committee. (5 ayes) . 8. PROETZ CLEAR-CUTTING - M/S!P Hicks/Bergeron moved that Dennis O'Donnell be asked to check out clear-cutting for a lake view on the Proetz property and report back to the Board. (5 ayes) Stillwater Town Board Meeting - 4/11/96 Page Two 9. ANNEXATION - Supervisors discussed various aspects of the meeting. set for 4/24/96. Jerry Hicks again asked about Penthouse Acres being included in the Annexation Agreement. Also, he asked what the status of Township park land in the annexation process be checked into by the Attorney. 10. PETITION - A petition signed by 129 residents was read after being submitted to the Clerk. Petitioners request that the investigation report and summation regarding the Johnson allegations be available to the public. M/S/P Bergeron/Hicks moved to ask Attorney Tom Radio for a letter that will outline options for responding to the petition. (3 ayes Francis nay Johnson abstain) The matter will be addressed at the next Town Board Meeting. 11. ADJOURNMENT - M/S/P Hicks/Bergeron moved to adjourn meeting at 9:52 p.m. (5 ayes) Clerk Chairperson Approved . . .1 i /' . . Ie METRO MEETINGS A weeldy calendar of meetings and agenda items for the Metropolitan COWlcil, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Conunission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. Comments on COWlcil issues can be made by electronic mail at datacenter@metc.state.mn.us or by telephone, 291-6536. DATE: April 12, 1996 WEEK OF: April 15 -April 19,1996 ~TROPOLITANCOUNCa Community Development Committee - Monday, Apr. 15, noon, Room lA. The committee will consider: Section 8 Rental Assistance Program--adoption of federal preference suspension; Metropolitan Agricultural Preserves :program 1995 status report; proposal for streamlining the referral process; Minnesota Classics n award for public safety radio video; presentation ofland use infonnation by Builders Association; discussion of Growth Options public participation costs; and other business. Regional Blueprint Blue Ribbon Task Force - Monday, Apr. 15, 2 p.m., Room lA. The task force will consider: Council Community Development Committee decision regarding an interim process for linkageslleveraging during plan reviews; completed, reorganized and refonnatted draft handbook; and other business. Transportation Committee - Monday, Apr. 15,4 p.m., DARTS, 1645 Marthaler Lane, West St. Paul.. The committee will consider: joint powers agreement with Minnesota Valley Transit Authority to operate service in Mendota Heights; approval to set public hearing date for White Bear Lake Area service restructuring; transit capital application; Transportation Policy Plan update; MIRTS update; legislative actions debriefing; DARTS presentation and tour, and other business. Metropolitan Council Livable Communities Action Plan "Hands On" Preparation Workshop - Tuesday, Apr. 16,9 a.m. - noon, Maplewood Community Center, 2100 White Bear Ave., Maplewood. Special Meeting of Environment Committee - Tuesday, Apr. 16,4 p.m., Room lA. The committee will consider Blue Lake/Seneca Solids Handling Project - procurement process. Chair's Small Group Breakfast Meeting - Wednesday, Apr. 17,8 a.m., Sheraton-Midway, Bigelow's Restaurant, 1-94 at Hamline, St. Paul. ISTEA Programming Committee - Wednesday, Apr. 17, 12:15 p.m., Room lA. The committee will consider regional solicitation of projects for ISTEA funds. Transportation Advisory Board - Wednesday, Apr. 17,2 p.m., Chambers. The board will consider: introduction of new member, Dale Gustafson; comments on Transit Redesign Report; Regional Solicitation Project recommendations; MnlDOT Capital Improvement Committee recommendations for National Highway Systems Projects 1997-2000; committee appointments; work program priorities; and other business. ~. Informational Meeting on the Process for Preparing and Approving the 1997-2000 Transportation Improvement Program <as part of the Transportation Advisory Board meeting) - Wednesday, Apr. 17, 2: 10 p.m., Chambers. . Metropolitan Council Livable Communities Action Plan "Hands On" Preparation Workshop- Thursday, Apr. 18,9 a.m. - noon, Eden Prairie Civic Center, 8080 Mitchell Rd., Eden Prairie. Special Meeting of Providers Advisory Committee - Thursday, Apr. 18,10 a.m., Room 2A. The committee will consider non-ADA paratransit funding options and other business. Audit Committee - Thursday, Apr. 18,2:30 p.m., Room 2A. The committee will consider: test of Metropolitan Council Environmental Services computer disaster recovery process; update on the implementation of a computer recovery plan for the Metropolitan Council Transit Operations; internal audit reports; 1995 Audit Plan results; 1996 proposed Audit Plan for committee's approval; appointment of new members; and other business. Finance Committee - Thursday, Apr. 18, 4 p.m., Room 2A. The committee will consider: acceptance of Metropolitan Sports Facilities Commission budget amendment; transfer policy; approval oflegal services agreement for Employment Law Services; approval to acquire computer hardware and software to support Metro GIS at the Metropolitan CoWlcil; approval to acquire additional contract programming services to support the implementation of the New Materials Management and Maintenance System at Transit Operations; and approval of Transfer Policy provision on leave balances. The next portion of the meeting may be closed to the public pursuant to MN Statutes section 471. 705, subdivision II, to discuss labor negotiations issues. The meeting may be opened to the public following the labor negotiations discussion. The next portion of the meeting will be closed to public pursuant to MN Statutes section 471.705 Id to discuss litigation and settlement issues. The meeting will be reopened to the public following discussion of litigation and settlement issues for a report from Metropolitan Area Agency on Aging. . The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confIrmation of meetings, call 291-6447, (TOD 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. TENTATIVE MEETINGS THE WEEK OF APRIL 22 THROUGH APRIL 26, 1996 Joint Meeting-Environment and Community Development Committees - Tuesday, Apr. 23,3 p.m., Room la Environment Committee - Tuesday, Apr. 23,4 p.m., Chambers. Executive Committee - Wednesday, Apr. 24, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. Housing and Redevelopment Authority Committee - Wednesday, Apr. 24, 8:30 a.m., Room lA. Special Meeting/Providers Advisory Committee - Thursday, Apr. 25, 10:30 am., Room 2A. Transportation Advisory Board Policy Committee - Thursday, Apr. 25, 12:30 p.m., Rooms 1B & lC. Metropolitan Council - Thursday, Apr. 25, 4 p.m., Chambers. . Legislative Coordinating Committee - Thursday, Apr. 25, 2:30 p.m., Room 1a. . . :. Committee of the Whole - Thursday, Apr. 25,5 p.m. or immediately following the Council meeting, Room la. METROPOLITAN AIRPORTS COMMISSION Commission Meeting - Monday, Apr. IS, I p.m., Room 303, West Mezzanine, Lindbergh Tenninal Building. The commission will consider: April ADNE levels; fmal contract payments for runway 4/22 & l1R129L intersection reconstruction, 1994 electrical modifications at Lindbergh Tenninal, 1994 airfield signage at Crystal Airport, 1994 Part 150 sound insulation program--asbestos abatement, 1993-95 Part 150 sound insulation program; fmal contract payment to Betts & Johnson for Part 150 sound insulation program; contract change orders for FIS development, elevated roadway canopy systems, Southwest Tenninal public areas, asbestos floor tile removal at regional tenninal; contract bids received for outbound/west commercial roadway, 1996 parking structure rehabilitation, equipment building addition-Phase II at Anoka CountylBlaine Airport, and Part 150 Sound Insulation Program for March bid cycle; review of upcoming construction project bids; electrical service agreements with NSP; request for reinstatement in Part 150 program; St. Paul Downtown Airport wetland mitigation and building area expansion; Bureau of Mines property; 1996 CIP adjustments for HHH Tenninal improvements and GTC vertical circulation; staff reorganization; discussion of MAC position on federal airport issues; February budget variance; ratification of 1995 expenditures; request to purchase traffic marking paint and a fire vehicle; request to receive bids for seasonal rental of four motor graders and for a 48-month lease of two front end loaders; fann rental rates; request to issue an RFP to baggage cart rental; budget targets, staff reorganization, Dr. Schmidt request, MSP parking and recommendation regarding Airway Trust Fund; legislative update; schedule ofM&O contract renewals; HHH Tenninal update on facilities; reliever airport rates and charges; NW A collateral update; Crystal Airport Safety Committee update; insurance broker RFP; Imperial parking; post employment benefits; 1995 Audit; 1996-97 Affirmative Action Plan; Noise Mitigation plan for Minneapolis/St. Paul International Airport; February 1996 lease actions--GCS lease recommendation; Bloomington land acquisition update; dual track update--Iegislative action; and other business. SPECIAL COMMISSION MEETING - Monday, Apr. 15,3:30 p.m. or immediately following adjournment of the Commission meeting, Room 303, West Mezzanine, Lindbergh Tenninal building, Minneapolis/St. Paul International Airport. The commission will consider the 1997 goals and objectives. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. METROPOLITAN SPORTS FACILITIES COMMISSION Commission Meeting - Wednesday, Apr. 17, 9:30 a.m., MSFC Conference Room. The commission will consider: report and review on Plaza opening; Twins marketing proposal; approve bid and award contract for 1996 video camera project; change order no. 2 on 1995 Sound System Replacement Project; change order no. 3 on 1995 Plaza Project; change order no. 2 on 1996 restroom/production office; change order no. 1 on 1996 Plaza Project bid pack two-banners; property and liability insurance renewals; Bloomington land sale update; TwinlVikings issues; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting infonnation, please call Judy Somers, 335-3310. .