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Home My WebLink About1994-07-19 CC Packet e e e AGENDA CITY OF STILL WATER CITY COUNCIL MEETING NO. 94-24 July 19, 1994 REGULAR MEETING 7:00 P.M. CALL TO ORDER INVOCATION ROLL CALL APPROVAL or MINUTL&-- PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. 1993 Financial Report - Chuck Thell, McGladrey & Pullen 2. National Park Service - John Daugherty STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator PUBLIC HEARINGS 1. Case No. SUB/94-18. This is the day and time for the continuation of the public hearing to consider a preliminary plat approval for a subdivision of a 3.46 acre parcel of property into 3 lots of 42,322 sq. ft., 39,121 sq. ft. and 67,785 sq. ft. The property is located south and east of Green Twig Way in the RA, Single Family Residential District. Janet and Richard Kutz, applicants. Notice of the hearing was placed in the Stillwater Gazette on June 24, 1994, and notices mailed to affected property owners. 2. Case No. SUB/94-27. This is the day and time for the continuation of the public hearing to consider a preliminary plat approval for a minor subdivision of a 51,884 sq. ft (1.2 acres) lot into three lots of 13,475 sq. ft., 16,469 sq. ft. and 21,900 sq. ft. The property is located on Gilbert Court in the RA, Single Family Residential District. Steve Fiterman, applicant. Notice of the hearing was placed in the Stillwater Gazette on June 24, 1994, and notices mailed to affected property owners. UNFINISHED BUSINESS 1. Charter Commission appointments 2. Consideration of revised Park Dedication Policy 3. Revised Comprehensive Plan Work Program 4. Resolution: Approve Agreement with Washington County for collection of solid waste management service charge JUL-14-84 12,48 FROM, 10, PAGE 1 " e United States Department of the Interior NATIONAL PARK SERVICE ST. CROIX NATIONAL SCENIC RIVERWAV P,O, BOX 708 5T, CROIX FALLS. WISCONSIN S4024 .-I ~ - . 1M "PLY alRa TO: ,Ju I~. 1:.1, t !)!l.l r--:5()( 1.0SA) MH. MarLi W~l.don (~ it, Y C 1 (,' c'li., C.i t y () t' ~ t ill wa tel' ~ I ti Nor'Lh 4th SLrcot Slj Ilwllt~"i., Minnesot.a 550B:.! [)PH l' MH. WI~ 1 dOli : e I\m r'E~qIH~~;Lin~ Pf).t'lllission t,o plac:c our' Z('bl'H IIIUSStd r'in:ii.in~ !-\ t. fll ion n 1 0 n g Lowe 11 Pur k . S pee i f i {~ a .I. J y w (~ w (.nil d 1 i It (' t. I.) P I. Il ('. (' t. h ("~ Hta' ion Tlor'l.ll of LhQ old Cub Foods Management. pl1.l'1dTl~ lot. in the ~J'avel A.r(~n bf'tween th(-! l:,ailr'cHld tracks and tho IHu'k inF( aJ'eu for' },ow(.ll Pnrk. This ls (~I.ose to t.he Stil..lwater' tHC})e Club IJr'operty. '1'Iw ;-:;laLioll would OIWI'Ut".C from noon 1.0 8:30pm on ThuJ'sda:vs. 'I'h(~ l'ltll,jOIl ('(H1S.i1od.l,; of tl stake L~d trud( with I'insin~ t~4,JI.liPlDt~T1L on l.h(' !It..d. TIll' f.H.llIipmE'nl. consists of ti gl.lsoljn~-powr~~r'(.:d ~ellt"rlltort /I !\.1:'I'OHPTl(:-poWPT'od powp!' wash(~r (s:ilnilar to Q.. CAr' wash), and n 55- ~all()n wfltpr' fnnk. Tt is ()perat~d by one Nat.ional Pllrk ::;I.'r'v.icc Ran~(','. Thl:' r'insjnsJ; stat.ic>Il is },)A.t't. of Lhfl ::;t. Croix River Z~hl'l1. Mussel kpl-'lponse f'l an to prl~verll. t.he spl:'ead () l' zebra mussels into l.he St. Crni.x F<iv(,.~p. Tt\(:~ statit")}") offers f1:'~l?: hut. W~il.cr boa!. I'insin~ to hOllt.er'H enlf'J'ill~ or ]f>.'iving the water'. hc' would .l ikt\ to be plR.C:l~d on the a~p.n<ia (lIudeI' df'!l~g~ti(.Hl!"{1 fr.l~' .lll J~' .1 ~l Lo discuss t.his Pl'oposal. s j nr:::I~l'e I Y I ,It -- + e · NEWS RELEASE u.s. department of the interior qoQ!d'PR~~1 park I!~cr~~g~ 715/483-3284 BOAT RINSING SCHEDULE SET FOR ZEBRA MUSSEL PREVENTION FOR ST. CROIX RIVER The National Park Service has announced the initial schedule for a mobile boat rinsing station to decontaminate watercraft that have been exposed to zebra mussel infested waters. This schedule will be .f in effect from Saturday, May 28 through Saturday, June 11. Park rangers will staff the station from 12:45 p.m. to 7:15 p.m. at the following locations: e Thursday - Wolf Marina, Friday - MissCroix Marina, Saturday - Lakefront Park Ramp, Sunday - Lakefront Park Ramp, Monday - Windmill Marina, Stillwater, MN. Prescott, WI. Hudson, WI. Hudson, WI. Afton, MN. The rinsing operation is part of an interagency program to prevent zebra mussel contamination of the St. Croix River. Zebra mussels are an exotic species from Eurasia, accidently introduced into the Great Lakes in the 1980s. They have spread rapidly to our inland waterways and pose an immediate threat to the St. Croix, a unit of both the National Park System and Wild and Scenic River System. Zebra mussels attach to any solid surface including boats and barges. Watercraft are the primary transporters of zebra mussels. These exotic mussels were found on the upper Mississippi River in 1992. Because hot water kills zebra mussels, St. Croix National SCenic Riverway is offering this rinse service free of charge. Park rangers will also provide information about zebra mussels and show boaters how to inspect their ~atercraft. If boaters cannot take advantage of this service, they are encouraged to rinse their boats on their own. ~ The minimum recommended temperature is 120 degrees fahrenheit. If rinsing is not possible, drying your boat five to seven days is recommended before launching it again. ...... ~~I'~ !'I!~II~I!~~I! ~~'~I~ ~!"IWI' I ~I!~~ I~'I~ "'I~II ~!I"'I~' ~~,!~ I e e e MEMORANDUM TO: Mayor and City Council ~~ FROM: Diane Deblon, Finance Director RE: Fire Contracts DATE: July 6, 1994 Attached as Exhibit A is a cost allocation for the fire contracts based on the five-year averaging. Exhibit B is a detailed five-year averaging schedule for each township that was used in the calculation of the amounts. 1993-94 1993 Actual Allocation Actual Cost Percent Based on Cont~ct Alloc~tion Increase 1994 B1ldget Grant Township 67,861 71 , 369 5.17% 72,928 May Township 42,842 44,748 4.45% 45,725 Stillwater Township 58,732 62,076 5.69% 63,432 I would recommend the 1994 - 1995 fire contracts be increased to the 1993 Actual Cost Allocation amounts. This would be a contract amount of $71,369 for Grant Township, $44,748 for May Township, and $62,076 for Stillwater Township. ~, -' "' 1 r--------~ ~--------~--------- ~! 3' .UHIBU-.A~-COSr ALLOCUIOR <I AVERAGE rOTAL ~ ~ . ~ ___.__~_..._~JSSgSSKJL_!Srl.ll.U!lL_1SUllll!L-. FIRE RURS VALUATIOR POPULAITOI HOUSEHOLDS 5 tttttttttttttttttttttt.tttttttttttttttttttttttttttttttttttttttttttttttt tttttttttttttttttttttttttttttttttttttttttttttttt -~i- eo HA T R KD...lllJlAill____________._____________ --- 1'1 Stillwater o Grant Township I~L-... ----Kay.T 0 lIull ip- 101 Stillwater Township 11 121 13r- 141 1~,__.cosr Of-lIRE- PROfKCTIOR 1I.ll ttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt 17\ . 101 Operat~nq. Costs $529,457 $541,922 ____WepllCJ.atiJlJl_______~_____c-__.__.__----.$.U..m-.Jj 1,437 ~:i Adainistration (.951 of Operations) $2,647 / $2,711 ~I -~--._.~----~----------- ~~1J..---------l'-4ti l------.-----~----~- ~-.~---- . --~--~.~---#.u.,..Su.-~$.5a~T U9.~---------'-------------'--------.~--~-~---------~----~~--- Z2! 68.93\ 275.72\ 69.72\ 64.78\ 69.16\ 72.'6\ 12.44\ 49.77\ 18.89\ 15.15\ 12.68\ 11.24\ .. ~--.-.-...J.8U... .-~.---U.~2U-------------------.---------~-- ____LjU~~...1l.U.1____._L5.U__-1..11L_ 10.82\ 43.29\ 11.04\ 12.12\ 10.65\ 9.49\ Total _______________--~...lle....Ml1-- 400.00\ ACTUAL BUDGET ___ -199.1--.---___..1994..________________ -------- --------- 1993 Adj. for lire Relief 19 iLA.diJgLLiJ-LlldW 23 24 __COS!_AL10 CUIO L(l)- 25 Stillwater 1;~li______;::~~G~::~~~i~n------- __ I :D! Sti 11 wa te r Towns b ip 1'.':1, 1!30,1___________totaL 31 I I I .,-, I 1-:: ..~_. 13"1 1::::;1 I : I~~j I~:I ~:j- .~11 ld__.__ ~ ______ __ ____________________________\.lIlC......___..l....lIU:.._______.____---------~-------. $395,348 $403,983 $71,369 $72,928 5.1H l.4.H - ... .....~. .-- - -----.------ ---$ Hr~4-3.--.-$ 45Tn5--.~---~--___Ll5~-~--6...13\---------~~~------~-----"- $62,076 $63,432 5.69\ 8.88\ __ .n_~~..~ S5U, HL___S58_6.J.6.L___._______________________________----------- .. rOnSHIP..CORrRACf !KOllUS- Grant Townsbip Kay Township Sti lli a teLIoills hip_ $67,861 $72,928 $42,842 $45,725 ~___$58.13L___ J6l.,_UL__---~-----~----.n (1) fhe cost allocation is derived hy lultiplying the total fire protection ~o_s_LbI3_a_cL!uJ_tH__M_~il'..s co I_b i n.!_4 fife year average. Total $169,435 $182,085 "- -._--......_--- -.....-.-.. --..--- ~.---_.__..._._-----_..~--_.---_.._--~-----'---_.._-_._-~+ --------~.~---_......__._~_._-~,~-_.~.~~.-------_._-- ---_._----------.-----~ e . S I EXHIBIr B - FIVE YEAR AVRRAGES ,\..-. r!ip 6 ....... ... ....... ... ..... '~Ci!D;;1!:f1'!1I'i!a'1 1fvlS .... ....,m.. ~ I : 1;~:~.~~I\i:m;.S:t!tlvate biei ty ...,...,i '.." 10\U411~ lU'lI~IUl' r 11 Kay Township \... 12 Stillwater Township 'L[ C 2 3 4 ,,' " ~l. " .. "'~.. ..... ' .";,' . . . . .. . . .' ': ,:::...,.\.:,., .... ..... ". .... ',. " .'. . Stillwater City I!... n t - . :}<:HayrOlllsbip ~:. ..... ?"v.:Stnllf~~eiloli1IS h ip " 5 YEAR % AVERAGE 1993 1992 1991 1990 1989 ...._..;;;... · u .....,'/~. .~;;;~~~;~~;~rt~~~\~:i.~:..:......... HI. 0\1\ . ~, ~Q .. wU 8 44% 28 60 28 20 25 32 11.04% 31.40 48 40 34 46 . '. .... " 100'~0.0\:i338;~0i:.,..:':'i~'.':'.'.""'" ........::...,;~;'. ,,'. '.:. ......~::'.. .------~~-_."~-*----***** . {.j'. ....,..... ....', ...;'."; .' '.' ." .' . . . ......... Hitt3.X;'HefhxNetra'xR~tfaxR~tf~~" "," Capacity Capacity Capacity Capacity Capacity 64 18% $10,105 $10,020 $10.145 $10.120 $10.212 $9,961 t n IlB ~1 1AQ ~? ~QQ ~1 ,/lA ~1 Oil ~? ~1? ~?H .~;,:.m~'.i;:~..:T:i . .. ......... ......-.. ....... ...-- -- "".....,.:\,(.:...... 100 00\ $15,598 $15.747 $15,611 $15.919 $15,613 $15.039 ',' :;~-: ...... '-l,/,~:';t~,:-,!:",-,. 1'-<- "'.',';':>' .. " .~,... .' , . .. . .'. . ~. . ,... . .. ~ . . . . ... .,' " " . . . . '. ~ . . . .,.. . . . . ,",' : .", .... ". . ,~ . .' . . ~ . . " .. ..... ...... 38 19 .. ~"......, ~ . .:.... ""." ':. ' -' ..;,';,>{.: .' , (, " i 14 ....... 13 .. ',;:~i'i';' . . . .' ")h tal' .... .... . .... ..... .' . ..' .. .,.....: .:....... . . ...... .. ". . ............... .> .... .... .'. . IS . ON'W r """ Oliv ~ACIfY" .' 16 l.." 17 16 18 \,.. 20,: 21 ". 22 ...,::........ Total C23 24 .""_....1' (' R~'I'TNl .......... 2S;fi:~ -Y'} Stillw[f;rcfty \_. 26 iU"l:i;.i'K qt~n if 0 ins hIp 27;;:'7 ............ '. 28 -, Stillwater Township ~. 29 30 31 \..., 32 33 34 3!5 ~ 36 37 ~. 38!....... 391)' 40 \... 41 42 i ...... Ill. ,'I' TOil ....... ...... ..;::~~Iiii,l~~.ill~~~i~~~~~~~~;_~, ,.. 10 65% 2.185 2339 2247 2151 2066 2124 :.' . .., .. u ..... ~.~...... Ill' ! " , .. .--.';-;: :::;~--':::n:it!5f.i~:.~~~~:( .. .i~J;;"- t 11 24% 806 833 818 803 801 115 tt 1 21% 511 526 512 501 514 413 ~~=~~=0T~~ "'^t.l ..' , . ...... '. . ........ .. .'. .... .. ':.' .... . . SCHEDULED. ESTIKUED HOUS&HOLDS .... ......... . "lu'~^r' '.' . ..... Grant Township Kay Township .,,+ ^~ C ~ -- - .. fotal '.?, ,,:::-:,':,:':<:::',: n '., ..... '_~.1~ ..~)..\- t 611 OF ACTUAL u 60% or ACTUAL .' e e =1l e 1994 SEAL COAT IMPROVEMENTS INDEX 1 CHURCHILL. GREElEY TO SIXTH 2 PINE, HOLCOMBE TO THIRD :3 INTERLOCKEN WAY, C.S.A.H.12 TO BA'r13ERRY 4 BA'r13ERRY AVE., E. OF MARYKNOll TO INTERLOCKEN 5 SA'r13ERRY COURT 6 INTERLOCKEN COURT 7 PINE RIDGE 8 BAYBERRY AVE., CUL-DE-SAC 9 DEER PATH, OUVE TO C.S.A.H.12 10 DEER PATH COURT 11 OAK GLEN DRIVE 12 NO. BROADWAY, ASPEN TO SYCAMORE 13 HICKORY, OWENS TO THE weST 14 ABBOTT, GREELEY TO THE EAST 15 VAN TASSEL DRIVE z~ 0 ~ e I @) @ """ Sf. "'- 0~ e ~ 16 VAN TASSEL COURT 17 EAGlE RIDGE CRESCENT 18 THOR ENE PLACE 19 EAGlE RIDGE COURT 20 EAGLE RIDGE CIRCLE 21 LE CUYER DRIVE 22 LE CUYER COURT 23 LE CUYER CIRClE 24 EAGlE RIDGE PLACE 25 EAGlE RIDGE LANE 26 YrlNDWARD COURT 27 MALLARD COURT 28 MCKUSICK ROAD LANE 29 MCKUSICK ROAD CIRCLE 30 YrlLDWOOD LANE . CITY OF STILLWATER DATE: 7-19-94 DWG.NO. 1 e e e MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: Placement of City Flags DATE: July 14, 1994 I have been contacted by Dave Swanson, Stillwater American Legion with an offer (by the Legion) to take care of placing and removing the American flags in the downtown (Le. CBD) area. The Legion would not be responsible for purchase of new flags, but would coordinate the purchase/maintenance of the flags . I believe this is a wonderful offer and a great opportunity to eliminate problems with the placing/maintenance of the flags. The Legion is offering to perform this activity at no cost to the City. I would recommend that the City accept this generous offer. .. 41 ~-c e e e ~I\ . . MEMORANDUM TO: Mayor and City Council FROM: City Coordinator RE: Preventative NrnWntenance Contract Renewal DATE: July 15, 1994 Accompanying this memo are proposals from Equipment Supply Inc. to provide preventative maintenance of the heating and -air conditioning systems for City Hall and the Library. Equipment Supply has performed very well over the past 4 - 5 years that we have contracted with them, and I would recommend renewal of the agreement. There is a slight increase in the costs, $48.00 per year for City Hall and $48.00 per year for the Library. There was no increase from 93 to 94. ?A{ .....~l ~J ..J':'_~ Jrnpnl1ul EaUIPMENT SUPPLY INC. SALES & SERVICE Mechanical Contractors: HEATING - AI R CONDITIONING - REFRIGERATION 24 HOUR PHONE: 646-2571 593 NO. FAIRVIEW AVE., ST. PAUL, MINN. 55104 PROPOSAL SUBMITTED TO City of Stillwater City Hall, Police & Fire Dept. DATE July 12, 1994 STREET 216 Fourth Street North CITY, STATE AND ZIP CODE Stillwater, MN 55082 ATTENTION Mr. __Nile-"L.-S_riesel ubrfih specifications and estimates for: Re: Preventive Maintenance Contract for City Hall, Fire and po~ Build ing. .. SMC- 239 We have renewed your Preventive Maintenance Contract effective July 1, 1994. Your new contract will be $2,508.00 per year. Please return one signed copy of this form in the enclosed stamped, self-addressed envelope. Please call me regarding any questions you may have. lit Jrnpn.at hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Payments to be made on a quarterly basis. Payment to be made as follows: dollars ($ $2,508.00 ) . Customer agrees to pay a FINANCE CHARGE of l'h% per month on past due balances. This is equal to an annual rate of 18%. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra Charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. ur workers are fully covered by Workmen.s Compensation Insurance. Authorized Signature Jay D. Kessl , Note: s ~ osal may be withdrawn by us i not accepted within days. 1\tttplantt of Jroposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature , MEMORANDUM e FR: Steve Russell, Community Development Director R TO: Mayor and City Council DA: July IS, 1994 RE: ADDITIONAL INFORMATION FOR KUTZ SUBDIVISION SUB/94-18 Background This item was originally heard by the planning commission May 9, 1994. After commission hearing, they recommended denial of the subdivision request (minutes enclosed). on June 7, 1994, the council held a public hearing on the 3-lot subdivision request. After discussion, the council continued the subdivision to.the meeting of July 5, 1994 or until additional information on the wetland delineation was provided by the Washington County Soil and Water Conservation Services. At the July 19, 1994, public hearing after review of the Soil and Water Conservation Service delineation of the wetland and memo from the U.S. Corp of Engineers the subdivision was continued to the next regular council meeting July 19, 1994 to e receive clarifying information regarding wetlands. On July 13, 1994, representatives from the Washington County Soil and Water Conservation District, Corp of Engineers State Board of Soil and Water Resources and City of Stillwater, walked the subject site to review the wetland delineation. At the meeting the experts agreed with the wetland as it delineated by the Washington County Soil and Water Conservation District and that construction on the 3-lot would not impact the wetland if adequate methods of drainage and erosi,on control are used when the construction occurs (See memo from US Corp of Engineers). Conditions of approval listed below recommended by staff and the Washington County Soil and Water Conservation Services would minimize the impact construction. The following conditions of approval are recommended for the project based on previous staff reports, soil and water conservation district comments and public concern for the impact of the project on the environment. Conditions of Approval 1. A stormwater management plan shall be submitted before final plat approval consistent with the stormwater management ordinance for community development director approval. e 2. A grading/drainage/erosion control plan for the private lots showing minimum residence e July 14, 1994 Steve Russell Community Development Director Stillwater City Hall Stillwater, MN. 55082 Re: Rick & Jan Kutz, Subdivision, east of Green Twig Way and south of McKusick Lake. Per Planning Application Review Case No. Sub/94-18 Dear Mr. Russell, e There seems to be some misunderstanding and/or miscommunications between ourselves and the city staff. Other than the first staff report and council agenda notice we have received no communications from the city concerning our applications for subdivision. We were unaware that the Army Corp of Engineers and the Minnesota DNR were requested to review the wetlands report submitted by Mr. Tim Fredbo. We did not receive copies of their input until we requested them. Furthermore, when we did receive those we also got an amended staff report with a sixth condition for approval. This was a surprise to us. It had never been discussed with us or any of our representatives. Please let us know how we are to get communications from the city staff in the future. Regarding the request to the Army Corps and MN DNR we believe that our application is being reviewed with higher standards than other subdivision applications. If the review process is not fair and consistent it is not right or legal. Not being notified did not allow us any time to deal with the additional input. Furthermore, the Corps' review should have been totally disregarded because they had never done the field work. A report from us without field work would have been thrown back in our faces by the city staff. e e CENCS-CO-R (94-05858) MEMORANDUM FOR RECORD 5 July 1994 SUBJECT: REVIEW OF WETLAND DELINEATION SUBMITTED BY THE CITY OF STILLWATER FOR A PROPOSED RESIDENTIAL SUBDIVISION CALLED KUTZ'S ADDITION 1. The information submitted on the project site included a topographic map of the site, three completed wetland delineation data forms, and a brief narrative discussing the site. The map also showed proposed features such as a Cul-de-Sac and lot lines, and identified the wetland line as determined by the Soil and Water Conservation District. e 2. The delineation was reviewed using the county soil survey, National Wetland Inventory maps, 1"~8001 black and white aerial photography, and 3-D aerial infrared photography taken in 1985. 3. There were four areas within the subdivision that could not clearly be identified as upland or wetland using the resources available in this office; and the information submitted to this office with the delineation did not provide enough information to make a determination in these areas. These areas are labeled "a" through "d" on the attaohed sketoh and are discussed individually below. Either a site visit or a review of the field notes of the person performing the delineation would likely provide sufficient information to make a determination on these areas. e a. The delineation submitted shows the wetland line about 25 feet east of the tree line while the 1985 infrared photography shows wetland plant communities extending west to the tree canopy. b. The. delineation submitted shows a finger of wetlands extending to the northwest on the eastern side of lot 3. The 1985 aerial infrared photography shows this wetland finger extending about 25 feet further than shown on the delineation. c. A large stand of pine trees is located in the northwestern part of the subdivision. Directly below this stand of pine trees is a small isolated wetland basin, and below that an oak dominated stand of deciduous trees. The 1985 aerial infrared photography shows an open area to the east of the isolated wetland basin and between the two stands of t~ees. This open area appears too high to be influenced by water in the larger wetland basin. However, the isolated wetland basin to the west is perched above the larger wetland basin and exoess wate~ ~ay flow overland or through the soils in this area, causing some periods of soil saturation. It is unolear from the information submitted whether this opening in the tree canopy is caused by wet conditions or is artifactual. e e ItU~.. ,~ ':, ,;";'(, :.:. '~. ~ 003/004 at this and there is AREA B-The area located above the staked wetland line location does not have hydric soils or wetland plants, is no evidence of wetland hydrology. The wetland line accurately staked in this area. AREA C-This area does not exhibit any wetland characteristics. AREA O-The finger of upland located on lot two is also accurately staked in the field. However, it appears one stake was missed when these stake locations transferred to the plat. The approximate location of this stake is shown on the attached sketch. Data point B.H. #1- Hydric soils extend above this point as do some wetland plants. However, above this point the plant community is no lon~er dominated by wetland plants, and the hydrology criteria 1S not met. Although about 30-40% of the plants immediately above this point are wetland plants, the plant community above this point is dominated by a hybrid of giant goldenrod and tall goldenrod which is not considered a hydrophytic plant. In addition, the soil substrate is gravelly facilitating drainage. As a result wetland hydrology is rapidly lost as the ground rises from the adjacent wetland. The wetland line is accuratly identified at this location. ?atif {(l7~. RALPH J. AUGUSTIN Project Manager 3 e e 'e MEMORANDUM ,/ '\ TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: June 30, 1994 RE: ADDITIONAL INFORMATION FOR KUTZ SUBDIVISION - SUB/94-18 Background: The city council considered this subdivision request at their meeting of June 7, 1994 (minutes attached). At the meeting, concerns were expressed regarding the wetland area designated on the preliminary plat. As a result of the consideration, the item was continued for additional information on wetland. Tim Fredbo, Water Resource Specialist for the Washington County Soil and Water Conservation District, completed a detailed site delineation for the project area. The results of the survey are shown on the revised preliminary plat enclosed. The delineation was referred to Molley Shodeen, DNR Area Hydrologists, for review. A letter dated June 28, 1994, indicates the project will have no alteration below the ordinary high water mark requiring no DNR review. The wetlands delineation was also referred to Rolf Augustine, U.S. Corp of Engineers Specialist for Washington County. As described in Mr. Fredbo's letter, the Corp does not have jurisdiction regarding this matter because there is no fill or excavation in any wetland. Attached to this memo is the staff report and planning commissi.on recommendations considered by the council at their meeting of June 7, 1994. Attachments: Council staff reports dated 5-9-95 City council minutes of 6-7-94 Planning Commission minutes of 5-9-94 Wetland Delineation, Kutz Addition by Minnesota Soil and Water Conservation District 6-20-94 DNR letter, Molley Shodeen, 6-28-94 Rick and Jan Kutz letter, 6-24-94 Tod King letter, 6-23-94 Notice of public hearing, 6-23-94 Revised preliminary plat, 6-20-94 Street and utilities plans, 5-31-94 e PLANNING APPLICATION REVIEW Case No. SUB/94-18 Planning Commission Date: May 9, 1994 Project Location: South and east of Green Twig Way Zoning District: RA, Single Family Applicant's Name: Richard and Janet Kutz Type of Application: Subdivision Plan/Plat - 3 lot Project Description Subdivide 3.46 acre lot into 3 lots of 42,322,39,121 and 67,785 square feet. Discussion The site is located in the Oak Glen area east of Eagle Ridge Trail and directly south of McKusick Lake. Access to the site is provided off Eagle Ridge Trail via an old railroad right of way owned by the city. The general character of the surrounding area is large lot single family homes, natural area and ballfields. e The site proposed for subdivision is heavily vegetated with trees, riparian vegetation and bushes. The topography ofthe site is irregular rising from a low elevation of 857.6 to 880. A wetland is located on the site as shown on the preliminary plat and described by Tim Fredbo of the Soil and Water Conservation Services (attached). The proposal is to subdivide the 3.46 acre land area into 3 lots of 42,322,39,121 and 67,785 square feet. Access to the lots is provided of a 32 foot local street, 250 feet in length and 32 feet wide. Trenching, grading and fill would be necessary to construct the public facilities. Preliminary street, utility and grading plans were submitted with the preliminary plat. To get access to lots 1 and 2, fill and grading would be necessary as well as vegetation removal to clear a pad for the residence. Besides the subdivision ordinance, the forest protection, shoreland management, stormwater management ordinances apply to the development. Special conditions of approval regarding tree cutting, development siting and stormwater management are provided to ensure the project meets the ordinance requirements. The city owns fee title to outlot A, the ownership is encumbered by a private easement that was deeded to prior owners of outlot A in 1983. The easement grants the right to ingress and egress and the right to install sewer, water and other utilities on outlot A. The private easement does not obligate the city to construct a street on outlot A or to build municipal utilities thereon. 'e No subdivision grading plan for the private lots have been provided with the submittal. A condition of approval requires an overall grading plan as a part of final plat approval. e.... 'cor,1t1UNITY DEVELOPNENT DEPARHIENT .CITY OF STILLWATER CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER; MN 55082 ACTIml REQUESTED .:_...... ,. ......... ..... .'. FEE Appea) ... .. .... ---- Certificate of Compliance ---- Condi ti ana 1 or Speci a 1 Use Permi t ---- Design Review Permit ---- Planned Unit Development ---- Vari ance ---- Comprehensive Plan Amendment ---- Zoning Amendment ---- . I -...XX...- Other 5(:1, ~i"i.dcn approval $250 Engineering Review Fee TOTAL FEE - ENVIRONMENTAL REVIEW EAW -EIS == No Special Environmental Assessment Required The applicant shall be responsiple for the completeness and accuracy of all forms and supporting material submitted in connection with any application. PLEASE PRINT OR TYPE e [!] ADDRESS OF PROJECT Green Twig Way & Eagle Ridge Trail ( see attached legal ) ASSESSOR'S PARCEL NO. 09029-2950 & 09029-310~0~ING OISfRICT . RA SFR DESCRIPTION OF PROJECT sub divide existing 3.46 acres i parcel into 3 single family. residential lots. ( see plan) "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I \'Iill comply \'lith the permi~ if it is granted and used." . Contract purchasers . PROPERTY OWNER Nicolaus R. & Gretchen Balogh REPRESENTATIYERichard W. & Janet R. Klitz MAILING ADDRESS 7R~2 ~rRnpr MAILING ADDRESS 9~1 5 HArripr Sr. ZIP 55082 r ~.Y~ of .: Any the APPLICATION DATA m LOT SIZE (Dimensions) TOTAL LAND AREA 3.46 HEIGHT OF BUILDINGS: (Principal) . I (Accesso.ry) see plan acres S tori es X If TOTAL FLOOR AREA SQ. FI. sq. ft; PROPOSED FLOOR AREA SQ. PT. . Feet BUILDING COVERAGE .' SQ. PI. . - PAVED-IMPERVIOUS AREA SQ. PT.' # OFF STREET.pARKING SPACES e I, . e e e Stillwater City Council Minutes . Recessed Meeting June 7, 1994 Greg Ries, 1284 Benson, stated that he is unhappy with the grading and the drainage is not appropriate. Chris Fossbinder, 1292 Benson, stated that the elevation plans were not followed. Mr. Malik, 1050 Gilbert Court, also spoke about the drainage problems. Council agreed that staff should review the situation before Council takes any action to resolve the issue. 3. MarQaret Kielsa - Petition for Hidden Valley Lane uPQrade. City Engineer Eckles explained the plan to patch and fill Hidden Valley Lane, with possible reconstruction next year. 4. Solid Waste Advisorv Committee - Tim Schmolke This item was rescheduled for the June 21, 1994 meeting. PUBLIC HEARINGS o Case No. SUB/94-18. This is the day and "time for the public hearing to consider a preliminary plat approval for a subdivision of a 3.46 acre parcel of property into 3 lots of 42,322 sq. ft., 39,121 sq. ft. and 67,785 sq. ft. The property is located south and east of Green Twig Way in the RA, Single Family Residential District. Janet and Richard Kutz, applicants. Notice of the hearing was placed in the Stillwater Gazette on May 2, 1994, and notices mailed to affected property owners. Community Development Director Russell explained the Subdivision request. Don Valsvik, Acting Planning Commission Chairman, reported that the Planning Commission's vote was 3 in favor, 5 opposed. He stated that the Commission was concerned about the wetlands environment, and sewer service for lot 3. Dave Harvieux, 1172 Parkwood Lane, representing the applicants, stated that all conditions from a previous application were met, and none of the wetlands will be affected. Todd King, 210 Wildwood Court, south of the proposed development, requested that the City deny the subdivision request because of the complexity of the wetlands regulations and determination of wetland delineation. Mr. Harvieux responded that the applicants have provided the City with a report from the Washington County Soil and Water Conservation District, and the delineation has been verified. 2 STILL \V A TER PLANNING COMMISSION lYIINUTES e May 9, 1994 PRESENT: Gerald Fontaine, Chairman Glenna Bealka, Duane Elliott, Dorothy Foster, Rob Hamlin, Kirk Roetman, Don Valsvik, Darwin \Vald ABSENT: Jay Kimble ALSO PRESENT: Steve Russell, Community Development Director Ann Pung-Terwedo, Planner APPROV AL OF lYIINUTES Motion by Glenna Bealka, seconded by Kirk Roetman to approve the minutes of April 11, 1994 as submitted. All in favor. "'. "\ ... PUBLIC HEARINGS "',._'.',.;..,..":. e Case No. SUB/94-18 - A preliminary plat approval for a subdivision of a 3.46 acre parcel of ">::::':.; .~.~:.~.:.~:~~ property into 3 lots of 42,322 sq. ft., 39,121 sq. ft. and 67,785 sq. ft. The property is located '.,~:?<:_;'i:~~~~~i~ south and east of Green Twig \Vav in the RA, Single Family Residential District. Janet and .,::'::};):~i'1.;;~;~. J .. . ~.'. " . ~ '-; .', Richard Kutz, applicants. -{<+ :;.'~j~/}~.~ _. - "~""~~'~ ~'~_.:;~:.~~~.~l;: Dave Harvieu,,<:, Realtor, and Barry Stack, Surveyor, presented the case with Janet Kutz. Mr..:.~;:::~:.:;~~~i~t-'2 HarvielL'<: reviewed the history of the request: On February 14, the Planning Commission-::':-' ': approved the request with conditions. On February 28, the City Council denied the request. The request is now in full compliance and all conditions have been met. A 32-foot wide street is planned. No wetland will be filled, and the dump site is not an issue. The five recommended conditions will be met. . Duane Elliott asked how lot 3 will be served by sewer. Mr. Harvieux. stated that it could be served by gravity sewer or a private lift station. Mr. Elliott also asked about the proposed walking path. Barry Stack responded that the City owns outlot A, 60 feet wide, which will accommodate a 32 ft. wide road and the walking path. Tony Zanko, 540 Eagle Ridge Trail, asked how much fill would be brought in. Mr. Harvieux. stated that the lots are buildable at this time, and fill would have to be brought in only for the roadbed. David Brekke, 645 Eagle Ridge Trail, adjacent to Green Twig Way, stated he is concerned about e drainage because his lot is lower. Mr. Harvieux stated that a drainage plan is a condition of e Stillwater Planning Commission Minutes April II, 1994 Jelle DeBoef presented the application for Dave Paradeau. He stated that they have talked to J'vfNlDot regarding the Chestnut Street crossing and are awaiting a response. There are six recommended conditions of approval. The Commission added two more conditions: No.7 - Review of the Special Use Permit in one year. No.8 - A copy of Burlington Northern approval on file with City. Motion by Rob Hamlin to approve the Special Use Permit with 8 conditions. Seconded by Danvin \Vald. Carried 8-0. Submitted by: Shelly Schaubach Recording Secretary Comprehensive Plan. Phase n followup on land use plan from Mav 2 meeting. (Ann Pung- Terwedo took over as acting secretary at 8:00 p.m.) " Steve Russell reviewed the Stillwater Planning Area (Township area) as received from the Planning Commission meeting of May 2, 1994. e Rob Hamlin would like to see all the property south of 62nd Street as low density residential. He felt multi-family and light industrial was too intensive for this type of use on this land. Jerry Fontaine added that he would like to see multiple family housing north of 62nd Street. ... Duane Elliott felt that low income housing is important. Location is important as is commercial and light industrial. The high-tech, medical industry is important. Rob Hamlin is sympathetic to the property O'vvners on 62nd Street. How big of a geographic area do we need for multiple family housing? Kirk Roetman questioned the options based on full expansion to no expansion. Steve Russell stated that these land uses will be modified based on the type of option. Mr. Russell reviewed the meeting dates with the Commission on the open public comments sessions. It was decided that the locations will be at Lily Lake Elementary, City Hall Open House, and Washington School. He mentioned to the Planning Commission that the Armory could be sought for the June 6th meeting. Motion by Kirk Roetman, seconded by Darwin Wald to adjourn at 9:00 p.m. Carried 8-0. Submitted by: Ann Pung-Terwedo, Acting Recording Secretary - .., .J MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS WASHINGTON SOIL AND WATER CONSERVATION DISTRICT e 1825 Curve Crest Blvd.. Room 101 Stlllwoter. MN 55082 (612) 439-6361 June 20, 1994 Mr. Steve Russell Community Development Director City Hall 216 N. Fourth St. Stillwater, MN 55082 Re: Wetland Delineation, Kutz's Addition, NE1/4 Sec. 29, T30N, R20W Dear Mr. Russell: e As requested, I have completed my wetland delineation for the above referenced property. The field work was completed on June 14, 1994 and the wetland boundary was surveyed in while I was present on the site. WETLAND DELINEATION Methodology Wetlands on this site were delineated using the 1989 Federal Manual For Identifying And Delineating Jurisdictional Wetlands. The Minnesota Wetland Conservation Act of 1991 (WCA) requires that wetland delineations be performed according to the 1989 Manual. Wetland basins were also classified according t6 the methodologies outlined in Wetlands and Deepwater Habitats of the United States (U.S. Fish and Wildlife Service, Biological Services Program; FWS/OBS-79/31; Cowardin, 1979) and Wetlands of the United States: US Fish and Wildlife Service Circular 39 (Shaw and Fredine, 1971). These classification methodologies are used by the Corps and Minnesota DNR, respectively. Delineation Results I - The subject property encompasses part of two wetland basins which are shown on the enclosed copy of the plat. I have designated these wetlands as basins 1 and 2 on the map. e Basin 1 is located in the central and far eastern edge of this property. These two areas are part of a single large wetland complex that is ultimately connected with McKusick AN EQUAL OPPORTUNllY EMPLOYER e e - project, responsible for administering WCA. The City of Stillwater works cooperatively with the Middle St. Croix Watershed Management Organization (MSCWMO) to enforce WCA since the MSCWMO Water Management Plan also contains a no net loss wetlands policy that this project must adhere to. .No wetland filling is proposed on this development, so there are no problems with the permanent WCA rule requirements. Middle St. Croix Watershed Management Organization (MSCWMO) The water management plan of the MSCWMO contains policies regarding storm water management and erosion control during construction that this project must adhere to. The sedimentation/retention basin that is planned to treat the storm water coming off of Kallie Court satisfies the MSCWMO Water Plan requirements. The erosion and sediment control practices stipulated on the plan are also adequate. However, I would suggest the following additions: 1. The rate of required mulch should be specified on the plan, and anchoring of the mulch be required. 2. All the erosion control practices shown on the plan must be maintained during construction on the site, and silt fence should remain in place until vegetation is well established. I hope that this delineation report is of assistance in your continuing approval process for this plat. Please feel free to contact me if you have any questions. :;;$J- Tim Fredbo Water Resource Specialist Enclosure cc: Dave Harvieux, Edina Realty Barry Stack, Stack Surveying Ann Terwedo, MSCWMO e ) ... - .. e --2 ...... L,' I If- 2- \.5A " f N 1- oJ .; DATA FORM ~ ROUTINE ON SITE OETERMlNATION METHOo1 6 Reid ~v.atlgatolc..): /1"" -r::;i.t:J>8 0 Date: -let - 9c.f P.rolocVSh: K'AZ7- .H-Dl>/1701V State: ,)/11./. County: /,..J.f..J+-VI"'".'),./ AppUcanLQwoer: ""',Y 0": ;rfL'-vJ<.1"rEfG- Plant Community '/Name: Not": "a ffiO(e detaUed lite description !.:s necessary, use Ihe bad< of data fonn or a field notebook. - --------------------------------------------------- 00 normal environmental condition, exist at the ~ant community? Yea ;t;- No _ (If no, explain on back) Ha, \110 vegetatJon. aolb. and/or hydrology been slgnlflC8lltly olStUrbed? Yes _ No -A (It y~. exptaln on back) --------------------------------------------------- VEGET A nON In<flCator Status H>l:-w-t" ~.. ~ Stratum H:=ILf3 t.f~1 S I-M~( iJ (PI-fAI p,/2-f s 1-1Il..."U lVi)f fl/AckA) (. 7j P '-i f'r 1-1;~f-;IJ yn FoCt,,:l ) (C0I21'jU5 hmn";'j'~tl'Y1) "" ;:&r;cf2..9r..... I)JAt1JCA. "'- ,') . " SOILS Series/phase:. /r;=;r; f1GtIOf...L,.J '" f-f/ :~-0L.- Subgroup:2 b the soU on the hydric soils list? Yes 2S- No _ Undetermined 1$ the soU a HistOsol? Y~ _ No.2S..- Histic ~n present? Yes ~ No_ b the soli: Mottled? Yes No....2:S.- Gleyed? Ves.2s- No. Matrlx Color: ~ -y~ f{ /~"r I)~Pr'"Mottle Colors: - OtherhydricaoU ora: rll..EE: rT?r;"V/NI_ c,vp..-r'f"/7. fr'/ C;/lAee. HDUf:- 1+, Is the hydric soB aiterion met? Yes..2S.- No Ratlonale: ~e:r H')rl.lC- <0''- Cd~.~ic;:.,.'./ :2.0.(7.- More Informatkln on back (. Y~) (~ HYDROlOGV ls 1M ground surface Inundated? Yea No 1<-. Surface water depth: b !he soB aaturated? Ves~ No =:. Depth to free-standlng water In piUaoU probe hole: ~/l'rlc,Y;1::- r lht other field 81Iidence of IUrface inundation or 8011 saturation. J-fr J-r;<- e.P(fe~ b 1M wetland hydrology aherion met? Ves ~ No_ Rationale: /l7~e-r:: 1.,..J?-77_rr'jo) ~..If)/Z..Ot...::X..y r J!'!~f2;Ot'v J. C-.. IIY 1?;1 fj;:;6/tlJL />>1=>'7,..11...( ~<- / I H-/Jr;;uq(j) UOLL ..f" 11Vc:......f..-r-e .s I'lJ;:;NCA .c,.L- , JURISDICTIONAL DETERMINATION AND RATIONALE WetlandlNon-wetland fuelt_PrVj) Rationale fo(jurisdidlonaJ decblon: )j 15... \ G6&-rmrorV '/1 J.-J' 'JlLM...u --tr 1'&""/1,,/.. 1 this data form can be used for the Hydric SoU Assessment Procedure and the Plant Community AsMWnem Prooedunt. 2 Ctaulncatlon accordlng to -SOl Taxonomy.. 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L. ...... .........:.........:......... .. ....... .........:.........:.........:....... ..j..:......:..... ....:.... .1...:........ j....... ..:......... ::: KUTZ'S ADDITION 10 I 100 I I J I / / I \ J I I I }}I I J I I " 1// / I . . NCJTI: AU./IIIIM ~ DUIINQ CONI'I'ItJCmON tIW.L . __ WITH ~~ 7OIAND~wnHTVPII~ ! II I I I LEGEND ~ II Ifj IXBT. r CCIfT"C)C.III. a.v. -__B..,!1.----__ _--- 1IXlBT." CONTOUR. -.av. _ 822- _ _ _ ~~.IUV. ~ ~I ffi I<C 1!H ~It ~ .. :r:- >i z ~Ma .......... 8Il T FENCE PI. TIft flAIRIC 8IICURIL Y FA8TEf& TO POeT . T W "BlUM HmGlHT .. BACKPLL OVER 1HI TOP OF FAIRIC NC) COWAl1r nE 80L e ~~TrnT~@'j]'~ ~DEPARTMENT OF NATURAL METRO WATERS, 1200 Warner Road, st. 772-7910 RESOURCES PHONE NO. Paul, MN 55106 FILE NO. June 28, 1994 Mr. steve Russell city Hall 216 North Fourth stillwater, MN. 55082 RE: Kutz's Addition, McKusick Lake (82-20) Dear Mr. Russell: e Metro Region Waters has reviewed the information submitted regarding a proposed subdivision at McKusick Lake. The wetland area shown on the plans was inventoried as part of McKusick Lake and would have the same ordinary high water elevation (OHW) as the lake (851.7'). The wetland would have the same setback requirements as the lake under the City's Shore land Ordinance. The wetland boundary shown on the plat is above DNR regulatory jurisdiction. No alterations below the OHW are shown on these plans. We encourage the maintenance of an unmowed natural fringe area to protect wildlife habitat and to serve water quality benefits. Any alteration of aquatic vegetation would require a permit from our Aquatic Plant Management Program (772-7950). If you have any questions, please contact me at 772-7910. Sincerely, \\dl\\- \~~C~~ Molly ~hodeen Area Hydrologist c: Tim Fredbo, Washington county SWCD - AN EQUAL OPPORTUNITY EMPLOYER e June 24, 1994 Mayor Hooley 920 S. Greeley St. Stillwater, Minnesota 55082 Dear Mayor Hooley, We are Rick & Jan Kutz, the applicants for the subdivision of the 3+ acres off of Eagle Ridge Trail and Green Twig Way. We are writing to clarify our position. As an average working couple with a teenage daughter we have dreamed about building a nice home someday. With a small inheritance we began looking for land last summer. The city is where we live and where we want to live. e Therefore, working with our real estate agent we were able to find the above mentioned property for sale. The size and price were more than we needed or wanted_ However we felt that with a reasonable plan dividing it into 3 one acre parcels, without disturbing the wetlands that we value, the property would be right for us. We entered into a purchase agreement last October and haye been wrestling with city staff, the planning commission, the city council and some residents ever since. We having spent thousands of dollars on plans and experts. At the last council meeting our approval was tabled until we could produce a full wetlands report. That has been completed and delivered to city staff as of Monday, June 20th. We are scheduled for the next council meeting on July 5th. Facts to review: 1. It is our legal.right to develop this property according to city code and ordinance. 2_ The property is zoned R-1, Residential. 3. Our plans fulfill city code and ordinance. 4. Our plans have city staff recommendation for approval. 5. We have fulfilled all requirements and should be granted approval by the city council. Objections to review: 1. The planning commission recommended to deny approval. Response: The planning commission provided no findings of fact, just their opinions. The plan fulfills code and ordinance. e e e e June 23, 1994 Dear Members of the Stillwater City Council: I have forwarded the new wetlands delineation for the Kutz's addition (Case No. SUB/94-18) to Steve Eggers of the U.S. Army Corps of Engineers for review and comment. Mr. Eggers indicated to me in our conversation that he may not be able to provide written comments before the July 5, 1994, city council meeting. Since the comments of the Crops is very important to completing the plan I am requesting that the agenda item be moved to the August city council meeting. Thank you for considering this request. ~ (j /~:J. ~ Todd A. King 210 Wildwood Ct. Stillwater, MN 55082 cc: The Honorable Charles Hooley e e e illwater "~-- - ~ THE BIRTHPLACE OF MINNESOTA ~ June 23, 1994 RE: A preliminary plat approval for a subdivision of a 3.46 acre parcel Dear Property Owner: The City of Stillwater has received a request from Richard and Janet Kutz for a preliminary plat approval for a subdivision of a 3.46 acre parcel into 3 lots of 42,322 sq. ft., 39,121 sq. ft. and 67,785 sq. ft. The property is located south and east of Green Twig Way in the RA, Single Family Residential District. Case No_ SUB/94-18. The City Council will be considering this case at a public hearing on July 5, 1994, at 7 p.m., in the Council Chambers of City Hall. If you have any comments or concerns regarding this request, please attend these meetings. If you have any questions regarding this notice, please feel free to call the Community Development Department at 439-6121. Steve Russell Community Development Director CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e June 30, 1994 Dear Members of Stillwater City Council, I would like to request that the City Council delay action on the Kutz addition (Sub 94/18) until our.ward can be represented by our Councilperson, Richard Cummings. It has come to my atten- tion that he will be absent at the July 5th meeting. I believe that this will create a disadvantage for the people of the ward that he represents. I also believe that the City should await the finding and decision of the Army Corps of Engineers in order to make the best possible decision. This is an important issue and deaerves the input of all available experts. Thank you for your consideration. Sincerely, David Brekke 645 Eagle Ridge Trail Stillwater, MN 55082 e June 13, 1994 Dear Members of Stillwater City Council: Thank you for your careful consideration of the proposed Kutz's addition (Case No. SUB/94-18) at the June 7, 1994, city council meeting. As neighbors, we appreciate the opportunity to participate in the planning and approval process. Our understanding of the outcome of the city council meeting and our discussion was that the development plan was tabled until the owners can prepare a complete wetlands delineation to include transects, data sheets, and a detailed map. I would like to suggest the following steps to complete the planning process and keep everyone informed. e Since Mr. Steve Eggers of the U.S. Army Corps of Engineers has reviewed the previous delineation, and the Corps has regulatory authority for wetlands, the new delineation should be mailed to Mr. Eggers for review and comment. Supporting documentation that will be helpful in the review includes the grading plan, stormwater management plan, drainage plan and the erosion control plan. The neighbors also request the opportunity to review and comment on the delineation. Upon written approval by Mr. Eggers, the plan could then be placed on the city council agenda. Finally, the letters of notice to the neighbors is very helpful. Please send out letters again when the agenda item is scheduled.. Please contact me at 486-5819 during the day or 430-0754 during the evening if you have any questions. Sinc~_:~}y~ /'.' " t~,,// If ;;:l- I \" t : --\ I \ \ Court . ') 55082 --- ,. -,_.--~" / '/ / J !.,.- / ( ;' -;.t'--..,"-.,/ L . L l- ~ ,,< Todd A. King 210 Wildwood Stillwater, MN cc: The Honorable Charles Hooley Mr. Steve Eggers, u.s. Army Corps of Engineers e e e \ Ie CENCS-CO-R 5 July 1994 MEMORANDUM FOR RECORD SUBJECT: REVIEW OF WETLAND DELINEATION SUBMITTED BY THE CITY OF STILLWATER FOR A PROPOSED RESIDENTIAL SUEDIV!SION CALLED KUTZ'S ADDITION 1. The information submitted on the project site included a topographic map of the site, three completed wetland delineation data forms, and a brief narrative discussing the site. The map also showed proposed features such as a CUl-qe-Sac and lot lines, and identified the wetland line as determined by the Soil and Water Conservation District. 2. The delineation was reviewed using the county soil survey, National Wetland Inventory maps, llt=800' black and white aerial photography, and 3-D aerial infrared photography taken in 1985. 3. There were four areas within the subdivision that could not clearly be identified as upland or wetland using the resources available in this office; and the information sUbmitted to this office with the delineation did not provide enough information to make a determination in these areas. These areas are labeled "a" through "d" on the attached sketch and are discussed individually below. Either a site visit or a review of the field notes of the person performing the delineation would likely provide sufficient information to make a determination on these areas. a. The delineation submitted shows the wetland line about 25 feet east of the tree line while the 1985 infrared photography shows wetland plant communities extending west to the tree canopy. b. The delineation submitted shows a finger of wetlands extending to the northwest on the eastern side of lot 3. The 1985 aerial infrared photography shows this wetland finger extending about 25 further than shown on the delineation. c. A large stand of pine trees is looated in the northwestern part of the sUbdivision. Directly below this stand of pine trees is a small isolated wetland basin, and below that an oak dominated stand of deciduous trees. The 1985 aerial infrared photography shows an open area to the east of the isolated wetland basin and between the two stands of trees. This open area appears too high to be influenced by water in the larger wetland basin. However, the isolated wetland basin to the west is perched above the larger wetland basin and excess water may flow overland or through the soils in this area, causing some periods of soil saturation. It is unclear from the information submitted , I -... /;'I...~C...;"(.' Ll/J r"..eX'.G~ Zv Co iiur \ A' ~ .I'~': ~ "L"" .. ,,-. _.~:..-. ~'? /' t:..:_;: ,f'3..7.:v. San. \oIah \ '~ ~. ~~ 1'1...--'". f\ . ~tA-'" o' ~ Sltl Prol NOT! .!b.. b '':\.""'::... .. ~;.. '-, ..... . 'E- '~~o ., ... "'-?- ~rLA',y.D ;-- ---. ';,,€',Lz,v .f' /-: ) . . . e . , e July 17, 1994 To: Mayor City Council Steve Russell-Community Development Director Stillwater City Hall Stillwater, MN. 55082 Re: Rick & Jan Kutz, Subdivision, east of Green Twig Way and south of McKusick Lake. Dear Mr. Mayor, City Council & Mr. Russell, We are writing concerning Mr. Russell's memorandum dated July 15th which we received Saturday, July 16th (copy attached). We believe we received this and other information from Mr. Russell due to our letter of July 14 (copy attached). We thank Steve for the prompt response. e Specifically, we are trying to address the Conditions of Approval in Steve's July 15th memo. This was our first knowledge that there are now 9 recommended conditions. We had only been aware of 5 previously. We had Dave Harvieux respond to the original five with letter dated June 3rd (copy attached). We did find out about the sixth condition at the last council meeting by accident. Here is a list of the nine conditions and our responses. Conditions of Approval 1. A stormwater management plan shall be submitted before final plat approval consistent with the stormwater management ordinance for community development director approval. Response: A stormwater management plan has been shown on the original engineering plans and our understanding with the city engineer is that it is consistent with the stormwater management ordinance. e 2. A grading/drainage/erosion control plan for the private lots showing minimum residence floor elevation shall be provided before final plat approval. Response: At this time it is difficult if not impossible to say where someone would choose to build within the defined building pad. Therefore, it is agreeable to the us that covenants or restrictions be placed on the lots 1, 2 & 3 that would state that prior to issuance e of building permits for those lots that grading/ drainage/erosion control plans would have to be provided by the building permit applicant for city staff review and approval. Minimum residence floor elevations have been stated on the site plan at 858.0 feet elevation. Revised plat to show minimum residence floor elevations to be 865.0 feet for lots 1 & 2 to be compatible with the sewer line elevation. 3. The development plans for lots 1, 2 and 3 shall be reviewed by the community development director to ensure that at least 50 percent of the tree canopy is maintained. Response: Again we do not know at this time where someone would place a house and therefore can not provide plans for the individual development of lots 1, 2 and 3. But we do agree that it can be a restriction on all three lots, that at least 50% of the tree canopy is maintained on a lot by lot bases for any plans for further development on the lots and these plans must be reviewed by the community development director. e 4. The road and drainage improvements shall be setback 50 feet from the wetland. Response: Plans meet this requirement. 5. A park dedication requirement of 7 percent of the land or 7 percent of the land value at time of final plat shall be required before final plat approval. Response: Applicants agree to fulfill the City's Park Dedication Policy regarding 7 percent of the land or the appropriate amount of cash contribution. 6. There shall be no fill on the building pad sites. Response: We can not agree with this condition at this time. We requested Steve Russell to provide us with some reasoning for this condition. All we have is a brief phone conversation where Steve told Dave Harvieux it was to protect the wetlands. Green Twig Way subdivision contains wetlands and lake frontage and they have been hauling in fill since day one and still are. We feel this absolute condition is not necessary and if agreed to, it could significantly affect our ability to market the two or three lots, because it e e could greatly reduce what someone could build for a home. (Please review the second page of our July 14th letter to Steve where we address condition 6.) 7. A final delineation of the wetland shall be agreed upon by the WCSWC and Corp of Engineers before final plat approval. Response: We believe that this has already been agreed upon by the above mentioned parties. 8. The rate required mulch should be specified on the plan and the mulch must be anchored. Response: We agree with this condition. 9. All erosion control practices shown on the plan must be maintained during construction on the site and the silt fence should remain in place until vegetation is well established. Response: We agree with this condition. e We have tried to be patient and cooperative throughout this whole process, but we have our limits too. We feel our responses to the nine conditions should be accepted by the council and we should receive our preliminary plat approval this Tuesday night, July 19th. If you have any questions or would like to call us please do so. S i~~EJf.rle J2~ .1...) ~an 439-5591 c: Dave Harvieux, agent Barry Stack, surveyor John F. Bannigan, Jr., attorney James J. Hanton, attorney e MEMORANDUM e FR: Steve Russell, Community Development Director K TO: Mayor and City Council DA: July 15, 1994 RE: ADDITIONAL INFORMATION FOR KUTZ SUBDIVISION SUB/94-18 Background This item was originally heard by the planning commission May 9, 1994. After commission hearing, they recommended denial of the subdivision request (minutes enclosed). on June 7, 1994, the council held a public hearing on the 3-lot subdivision request. After discussion, the council continued the subdivision to.the meeting of July 5, 1994 or until additional information on the wetland delineation was provided by the Washington County Soil and Water Conservation Services. At the July 19, 1994, public hearing after review of the Soil and Water Conservation Service delineation of the wetland and memo from the U.S. Corp of Engineers the subdivision was continued to the next regular council meeting July 19, 1994 to receive clarifying information regarding wetlands. e On July 13, 1994, representatives from the Washington County Soil and Water Conservation District, Corp of Engineers State Board of Soil and Water Resources and City of Stillwater, walked the subject site to review the wetland delineation. At the meeting the experts agreed with the wetland as it delineated by the Washington County Soil and Water Conservation District and that construction on the 3-lot would not impact the wetland if adequate methods of drainage and . erosion control are used when the construction occurs (See memo from US Corp of Engineers). Conditions of approval listed below recommended by staff and the Washington County Soil and Water Conservation Services would minimize the impact construction. The following conditions of approval are recommended for the project based on previous staff reports, soil and water conservation district comments and public concern for the impact of the project on the environment. Conditions of Approval 1. A stormwater management plan shall be submitted before fmal plat approval consistent with the stormwater management ordinance for community development director approval. e 2. A grading/drainage/erosion control plan for the private lots showing minimum residence e e e floor elevation shall be provided before final plat approval. 3. The development plans for lots 1, 2 and 3 shall be reviewed by the community development director to ensure that at least 50 percent of the tree canopy is maintained_ 4. The road and drainage improvements shall be setback 50 feet from the wetland. 5. A park dedication requirement of 7 percent of the land or 7 percent of the land value at time of final plat shall be required before fmal plat approval. 6. There shall be no fill on the building pad sites. 7. A final delineation of the wetland shall be agreed upon by the WCSWC and Corp of Engineers before final plat approval. 8. The rate required mulch should be specified on the plan and the mulch must be anchored. 9. All the erosion control practices shown on the plan must be maintained during construction on the site and the silt fence should remain in place until vegetation is well established. Attachments: Minutes from council meeting 7-5-94 Letter from Richard and Jane Kutz dated 7-14-94 Staffreport and attachments from council meeting of 7-5-94 Memo from Corp of Engineers dated 7-5-94 I I I r e July 14, 1994 Steve Russell Community Development Director Stillwater City Hall Stillwater, MN. 55082 Re: Rick & Jan Kutz, Subdivision, east of Green Twig Way and south of McKusick Lake. Per Planning Application Review Case No. Sub/94-18 Dear Mr. Russell, e There seems to be some misunderstanding and/or miscommunications between ourselves and the city staff. Other than the first staff report and council agenda notice we have received no communications from the city concerning our applications for subdivision. We were unaware that the Army Corp of Engineers and the Minnesota DNR were requested to review the wetlands report submitted by Mr. Tim Fredbo. We did not receive copies of their input until we requested them. Furthermore, when we did receive those we also got an amended staff report with a sixth condition for approval. This was a surprise to us. It had never been discussed with us or any of our representatives. Please let us know how we are to get communications from the city staff in the future. Regarding the request to the Army Corps and MN DNR we believe that our application is being reviewed with higher standards than other subdivision applications. If the review process is not fair and consistent it is not right or legal. Not being notified did not allow us any time to deal with the additional input. Furthermore, the Corps' review should have been totally disregarded because they had never done the field work. A report from us without field work would have been thrown back in our faces by the city staff. e e Concerning staff conditions of approval; we have addressed the original five with Mr. Harvieux's letter to you dated June 3, 1994. As for this the new sixth condition for approval we will need city staff to justify to us why it is necessary. We have watched as the Green Twig Way Subdivision has been hauling in fill from the very beginning. The Green Twig Way subdivision involves wetlands and lake frontage. You may not be aware of a recent U.S. Supreme Court ruling No. 93-518, decided June 24, 1994, that states "A strong public desire to improve the public condition [will not] warrant achieving the desire by a shorter cut than the constitutional way of paying for the change." Meaning, additional requirements need to be accomplished through new code and ordinance not conditions for approval. Let us know concerning the city staff's position on the sixth condition. Please let us or Dave Harvieux know regarding communications between ourselves and the city staff concerning our subdivision. e (H)439-5591 cc: Mayor Hooley Dave Harvieux John F. Bannigan, Jr. James J. Hanton e St. Croix Valley Office 200 E. Chesmut St. Stillwater, Minnesota 55082 Office (612) 430..3200 FAX (612) 430-7575 e e June 3, 1994 Steve Russell Community Development Director Stillwater City Hall Stillwater, MN. 55082 Re: Rick & Jan Kutz, Subdivision, east of Green Twig Way and south of McKusick Lake. Dear Mr. Russell, Here are some revisions to our plans for the subdivision stated above. These are do to the feedback we received from the city staff and the planning commission. Per Planning Application Review Case No. Sub/94-18 Conditions of Approval 1. Stormsewer management plan has been shown on the original engineering plans and our understanding with the city engineer is that it is consistent with the stormwater management ordinance. 2. It is agreeable to the applicants that covenants or restrictions be placed on the lots 1, 2 & 3 that would state that prior to insurance of building permits for those lots that grading, drainage/erosion control plans would have to be provided by the permit applicant for city staff review and approval. Minimum residence floor elevations have been stated on the site plan at 858.0 feet elevation. Revised plat to show minimum residence floor elevations to be 864.0 feet for lots 1 & 2 to be compatible with the sewer line elevation. 3. Applicants also agree that it can be a restriction that at least 50% of the tree canopy is maintained on a lot by lot bases for any plans for further development on the lots. 4. Plans meet this requirement. 5. Applicants agree to fulfill the City'S Park Dedication Policy. m~ 11""'0.- _._r. St. Croix Valley Office 200 E. Chesmut St. Stillwater, Minnesota 55082 Office (612) 430-3200 FAX (612) 430-7575 e e Minor revisions to engineering plans to address concerns by Planning Commission: 1. Street elevation has been lowered to greatly reduce the amount of fill required. Because of lowering the street the plans also show the addition of two small retaining walls to fulfill city grading and slope requirements. 2. The sewer elevation has been lowered 6 feet, the length of main reduced about 123 feet and the stub outs for lots 1 & 2 for the sewer line are now shown along with the stub out of the force main for lot 3. These minor reVlSlons have been made with on going communications with the city engineer. If there are any problems we are ready to continue to work with the city staff to overcome them. Dave Harvieux (W)430-7556 (H)439-8131 cc: Rick & Jan Kutz, applicants Barry Stack, surveyor John F. Bannigan, Jr., attorney James J. Hanton, attorney Leroy Nyhus, engineer [B~ AIALIO.. _._.. e SA.TURDAY, JULY 16, 1994 SAINT PAUL PIO;NEER PRESS ! SUBURBS -.~ ,. .t STILLWATER T Neighbors object to plans to . buila 3. homes on open space ]leal- ~1ake . . e JIM BROEDE STAf:F>WRITER .. ~r.l{lltz~'n(),;Mr.Roge~..' . .- .... But like the:~ost of, the children's TV show, Rich~ . ard Kutz. thinkS he has foUnd his neighborhood.. In Stillwater.. \ . 'There'sonly~one problem. Some.. people already living there' aren't so sure they want KutZ as a n~ighbor. Kutzis negotiating to buy 31fz acres of residential- . ,zoned land at the South endof McKusick Lake"so he cC}n subdivide into three lots, and use one for his own hQme: "" , ,But a group. of neighbors claim building anything . 01) the property wiU be sacrilege. . "Wildlife. abounds out there," group spokesman ,Davi~Brekke.said. "There are birds, turtles, beavers, you name. il The land will' be an asset to the neigh- borh09(l. if ,left alone." ." -Brekke, arid , 256 oth~ signed a petition asking. the . ~~llwater ;City Council to do. "hatever it. takes to ,&Q>p Kutz from pr~g with his plan. ,i....Options "being proposed range . from denying Kutz's 'tequest to s1J~vide to the city buying the land for a e:rThk. . ,,' it &;;, hedul: ed'todisc' tho . . . ....., e counc~" sc ". ,., ., uss e ISSue at a l)leetingat7:3Q p.m. TuesdilY..1 . ":"It's time that our citY qfficials looked at the big picture," Brekke said, "and not just at increasing the tax base. We need,todo more to preserve what little open space still remains in our city." : City Council J4ember Jay Kimble said the city l;~f!1S to be cauglit betwee~aroc~ and a hilrd place. I "Our city attorney says that if Kutz complies with the zoning code an~ jumps through all the hoops, we ! ' . '" . - , have tolet'li1nfsulXIiVlde;"'flE! said.,"uIf ,we del1yhi$' request, we risk being sued, and the attorney. thinks the Clity will lose." . I .' ~<t',deser;yedlY so,.~ys Kutz's real estate. agent, David Hatvieux. ". .' "~hat p~()perty has been offered for sale, in public, for almosHollfyears," he said. "The city o.r any local resident could. have stepped forward and bought it.'; Harvieux said Kutz's three I-acre lots wo.uld be three times bigger than the city c<><I,e requires, and bigger than the;,existing home sites in the neighbor- hood. ' Council Member Rich Cummings said he shares the petitio.ners co.n~ about the need for mo.re o.pen space. '. "But if may tbe a classic case o.f a neighborhood and a city recognizing a need too late," he said. "This is one of those neighborhoods that is already almqst I co.mpletely , developed." Cummings said he wished Kutz ~ould develo.p o.nly o.ne lot. ',' '. , "Y~f~rtlI~atelY,~el'~'s'~fPba~lf .oC) w~y that we can legally ;stoPJ., ',lilirl.from SUbdivldm..g his land.. iD....to. I threelo.ts," hes8iit~!But Kutzshould understand that if he subdivid~...andmovesin himself, he's going to be faced vv,ith s9me yery antagonistic neighbors." .. Cummingsal$O blamed the city fOf allowing neigh- borhoods to develop without neighbOrhood parks. . "The city baSically left the comprehensive plan on the shelf untouched for 13 years," he said. "Had the city done a good job of updating' the plan,. land wo.uld ~~ve been ~et aside for, a McKusick Lake neighbor_ hood park. Instead, now we find neighborhoods where everything has been put. under driveways and roofs. That isn't good planning." , . . Ie MEMORANDUM e TO: Mayor and City Council FR: Steve Russell, Community Development Director v DA: June 30, 1994 RE: RESUBDIVISION OF 4 LOTS INTO 3 LOTS, SUB/94-27, STEVE FITTERMAN This item was heard by the planning commission at their meeting of June 13, 1994. They recommended approval with three conditions. As of this writing, the grading/drainage plan, pedestrian easement and tree cutting plans has not been submitted for review. Recommendation: Continue item to council meeting of August 2, 1994. Attachment: _ Staff report. e e e e I JUL-18-84 TUE 16:36 GROUND DEVELOPMENT FAX NO, 546+7321 p, 02 GROUND [J) IE VIS ILCD lFMlEN1r CORPORATION 1550 UTICA AVE. SO. # 485 MPLS., MN. 55416 612-546-2625 JUly 19, 1994 STILLWATER CITY COUNCIL MEMBERS C/O STEVE RUSSELLCITY OF STILLWATER 216 NORHT FOURTH STREET STillWATER. MN, 55082 Re: GilBERT COURT ADDITION Dear Council Member, I respectfully request a continuance of the above matter by the City of Stillwater. at its July 19,1994 City Council Meeting. Ground Development. Inc. has not been able to compile all the information requested by the planning commission and made a condition of approval. Thank you again for your atlention to this matter. SCF:ais ; e e e ., MEMORANDUM TO: Mayor and City Council Steve Russell, Community Development Director;'--- Revised Parks Dedication Policy FROM: RE: DATE: July 14, 1994 The park dedication policy was last reviewed and updated in 1989. Since that time, the Park and Recreation Board and Planning Commission have inventoried neighborhood and community park resources and needs and developed a parks element as a part of the Comprehensive Plan. The revised parks dedication policy has been amended taking into consideration the parks ptiurr and need for additional neighborhood and community parks. The policy will not primarily address the park deficiencies identified in the parks element, but will make sure adequate new park facilities are available to accommodate new development. The park dedication policy has been reviewed and recommended for approval by the Park and Recreation Board and Planning Commission. RECOMMEJ>fDATION Approval of policy (resolution) Attachment: Park Dedication Policy e e e 'II . CITY OF STILL WATER PARK DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK OR RECREATION PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OF DEDICATION. 1. AUTHORITY: The state of Minnesota has enacted Minnesota Statutes 462.358, subdivision 2(b) which gives authority to the Cities to require that a reasonable portion of any proposed subdivision be dedicated to the public, or preserved for public use as parks, playgrounds, wetlands, trails or open space. The City of Stillwater has, by this dedication policy, chosen to exercise this authority in establishing minimum requirements for meeting this public need. 2. PURPOSE: The City Council recognizes that preservation of land for park, playground, wetland, trails, and public open space purposes as it relates to the use and development of land is essential to maintaining a healthful, safe and desirable environment. The City must not only provide these necessary facilities for citizens of today, but also for the future needs of the City as described in the Comprehensive Plan. It is recognized by the City Council that the demand for park, playground, to wetlands, trails and public open space within a municipality is directly related to the density and 1 e e e '. ; 2.0 - 3.5 units per acre 8% 3.6 - 5.9 units per acre 9% 6 - 10 units per acre 10% 10+ units per acre Additional .5% for each unit over 10 Commercial 7% of net land area 4. GUIDELINES FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES: A. Land proposed to be dedicated for public purposes shall meet the needs of the City as described in the Stillwater Comprehensive Plan. B. Prior to dedication, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract evidencing good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication or payment of fees-in-lieu of land dedication shall be made before final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris or stockpiling of surplus soil on dedicated land is strictly forbidden without the prior written review by the Parks and Recreation Board and approval of the Community Development Director. E. Grading and utility plans, which may effect or impact the proposed park dedication, shall be reviewed and approved by the Community Development Director and Parks and Recreation Board prior to dedication. 3 - , ., e e e . some form of on-site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. 5. CASH PAYMENT IN LIEU OF DEDICATION, RESIDENTIAL: If, at the option of the City upon review and recommendation of the Parks and Recreation Board, it is determined that a cash payment in lieu of land dedication shall be made, the cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The in lieu park fee shall be based on the percentage of land dedication. Cash dedication shall be based on the fair market value of the land no later than at the time of final plat approval. 6. INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS: Subdividers and developers of commercial/industrial land, including commercial/industrial portions of Planned Developments, shall be required at the time the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, 7.5 percent of the net land area within the development as determined by the City according to the guidelines set forth in Section 3 of this policy. 7. CASH PAYMENT IN LIEU OF DEDICATION, COMMERCIAL AND INDUSTRIAL: In those cases where the City does not require park or open space within a development, the City shall require payment of fees in lieu of land dedication in an amount equal to the net land area required in Section 3 above. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval as 5 t , MEMORANDUM e TO: PR: DA: RE: Mayor and City Council IJ ~ Steve Russell, Community Development Director /..-- July 15, 1994 REVISED COMPREHENSIVE PLAN WORK PROGRAM SCHEDULE AND BUDGET Since the last council meeting of July 5, 1994, planning staff has met twice with the ward network as directed by the council to discuss methods of including ward input into the comprehensive planning process. Prom the meetings a couple of observations can be made. There is a corp of Stillwater residents who are willing to contribute their scarce time to try to improve communication between city government and its residents. In order to successfully organize a ward network much volunteer time and effort will be necessary. The primary purpose of the and network is education, communication and community involvement in city actions that effect the residents. If the ward network is successful, it could provide the city with an organized sounding board for neighborhood decision. Prom the two meetings the following time line was developed: TIMELINE FOR WARD INPUT TO COMP PLAN Month Task e July 1994 Plan ward meetings (including time and place. Promote the meetings and prepare materials. Begin ward meetings by end of month Gather information and begin planning vision workshop. August/September Continue ward neighborhood meetings. Compile results. Meet with planning commission Plan vision workshop October Prepare copies of ward feedback form all neighborhood meetings. Promote community vision workshop Develop materials and do final planning for vision workshop Hold vision workshop (end of month). November Ward representatives meet with planning commission to revise/update comp plan alternatives that reflect ward input. Public meetings to review revised plan alternatives. ~ e e Ie .' The proposed time line would provide for two rounds of individual ward meetings, one in July/August and one in September and one community wide "vision workshop". With the results of the vision workshop in October, the special ward meeting and input would be incorporated into the original comprehensive plan update work program. During November there would be a meeting held by the planning commission on the results from the ward input. In December, the planning commission would make a recommendation to the city council. The council would then set a public hearing on the amended comprehensive plan for early 1995. After city approval of the plan it would be presented to the metropolitan council for their review and approval. The ward network is requesting $1,000 of money to help with publicizing the ward meetings and for room reservations. It is also suggested that each ward appoint a person to attend planning commission meetings to help in the transfer of information and input on the comprehensive plan between the planning commission and wards. Actions before the Council: 1. Revise work program resulting in extending the process to January 1995. 2. Authorizing $1,000 to support ward meeting costs. 3. Authorize ward representatives on planning commission regarding the comprehensive plan discussion item. Attachment. 07/12/1994 09:55 15124332704 LAND STE~'.IARU3HIP PRO J .. e Art1cle for the Stl1lwater Scene Contact: Nary Schulte" 351-0906 CArt1cle) WANTED...... Your \'15100 and 1deas for St11Jwater PAGE 02 The Sti1lwater Ward Network invites all Stillwater residents to attend one of the following ward meetings to share their ideas, concerns, and hopes for St i llwater's future. The St illwater Ward ~'~etwork is made up of volunteers from each of Stillwater's four Wards who want to deve lop an effect ive, grassroots process for broader citizen involVement in decisions concerning Stillwater's future. Resource information will be ava ilab I e about the Wards and the comprehensive plan process. All persons are encouraged to attend. e All Ward tleetlngs w111 be from 6;30- 8;00 D.m. ~te Loc3t1on Monday, July 25 City Hall Tuesday, July 26 st 111 water library Margaret Rivers Rm. Wednesday, Aug. 3 Senior Center (2300 Orleans St., WJ Thursday, Aug. 4 Seni or Center Ward 2 3 4 * You are welcome to attend anx of the Ward meetings. Your input is very importantl e ! e e e MEMORANDUM TO: Mayor and City Council City Coordinator FROM: RE: 1) County Surcharge Agreement 2) Solid Waste Advisory Committee DATE: July 15, 1994 COlmty Sllr('h~J"g.E' A.greement I have talked to Jim Junker about the agreement between the City and Washington County pertaining to the collection of the waste collection surcharge that was established by the County. Jim indicated that he did not have any serious concerns about the agreement. However, Jim said that his attorney still needs time to review the agreement. Also, Jim's attorney and the City attorney are working on an agreement between the City and Junker Sanitation in order for the City to either deduct the surcharge from Jim's payments or to have Jim pay the County. I have left this issue on the agenda with the hope that the agreements can be presented to the Council in final form at the meeting. Solid Waste A.dvisory Commil::siOIl D8t~ Report Form Jim Junker has requested that this item be tabled until the August 2nd meeting. Jim wants to meet with the Solid Waste Commission to discuss the report form with them. Therefore, this item was not placed on the agenda for Tuesday's meeting. e e e \ TO: FROM: RE: DATE: MEMORANDUM Mayor and City Council City Coordinator Change in Method of Determining Sewer Charges for Multiple Dwellings July 13, 1994 The attached ordinance amending City Code Chapter 29.01 was developed pursuant to Council direction at the meeting of July 5th. The Council had received a letter from Judd Orff and Associates asking that the City consider changing the method of determining sewer usage charges for multiple dwellings (3-plex and above). The present ordinance states that the sewer charge for multiple dwellings shall be based on water consumption for the previous billing period as opposed to other residential properties (i. e. one and two family dwelling), which sewer usage charges are based on water usage for the first three calendar months. This means that multiple dwelling units do not receive any consideration for water used for sprinkling and other "summer" activities where the water does not actually run into the sanitary sewers. This results in a much higher sewer usage charge for multiple dwellings. I am not sure why the City established this policy (1960's), however, it does not seem to be a fair policy and I would recommend that the City consider adopting the attached ordinance. The Finance Director is recommending that the City make the ordinance effective on April 1, 1995. It is possible to make the change effective July 1, 1994, (the sewer bills for July 1 have not yet been calculated). However, a computer program change would be necessary and we would have to pay for that change. I can discuss this further with you at the meeting Tuesday. 1)1 e e e ,. ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY CHANGING METHOD OF DETERMINING SEWER CHARGES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 1. Awending. Section 29.01, Subdivision 1,(2) and (3) of the Stillwater City Code is hereby amended to hereafter read as follows: (2) (3) Section 2. beginning Section 3. OVERAGE CHARGE. In determining the amount of overage charges for residential sewer usage, including multiple dwellings, the charge for each quarter shall be based on the water usage for the first three calendar months of the year. In determining the amount of average charge for commercial and industrial properties, including residential dwellings that share sanitary sewer service connection with commercial or industrial properties, the sewer charge shall be based upon actual consumption of water for the previous billing period. MULTIPLE DWELLINGS. Multiple Dwellings shall be charged a separate charge for each dwelling unit located in the dwelling as follows: (a) 2 unit dwelling - 95% of the minimum charge set forth in (1) for each unit within dwelling. (b) More than 2 unit dwelling - 75% of the minimum charge set forth in (1) for each unit within the dwelling. (c) Condominium - 70% of the minimum charge set forth in (1) for each unit within the dwelling. (d) Federally Certified Senior Housing - 56% of the minimum charge set forth in (1) for each unit within the dwelling. (e) Multiple Dwelling Overage Charges - Overage charges for multiple dwellings shall be at the rate of $2.10 for every 1,000 gallons of water used in excess of the percentage of the minimum charge multiplied times 10,000 gallons. The rates set forth herein shall be effective for the quarter 1, 19_. In all other ways, Chapter 29 shall remain in full force and effect. Section 4. This ordinance shall be in full force and effect from and after its passage and publication according to the law. e DRAFT ORDINANCE NO. AN ORDINANCE ESTABLISHING THE REQUIREMENT OF A LOT DEVELOPMENT PLAN, A GRADING ESCROW, AND AN AS-BUILT SURVEY FOR ALL NEW BUILDING CONSTRUCTION 1. 2. 3. 4. 5. e 6. e Every proposed new building requires a grading plan to be submitted with the building permit plans. The following items are required to be shown on the grading plan: The location of the building, driveway, tree cover, wetlands, drainage ways or ditches, city streets, neighboring structures, and other significant features. The existing elevation of the building pad, neighboring structures, top of curb at the driveway, wetlands elevation, all lot comers and any drainage structures. The proposed elevation of the first floor, lowest floor, garage floor, walk-out (if any), high or low points (breaks in grade). Drainage arrows showing the route of run off across the lot with proposed elevations of drainage swales. If the lot is adjoining a wetlands, the plan should show how erosion will be controlled. Normally a silt fence or other erosion control method will be required along the flow path to the wetland. MY retaining walls, steep slopes, or other special grading features should be denoted. A cash escrow in an amount established by resolution shall be paid before a building permit is issued for all new residential dwellings. The cash escrow shall be returned to the permit applicant, without interest, upon successful completion of all of the following: 1. Written certification from a registered engineer or land surveyor that the grades and elevations are in conformance with the City approved grading plan and that permanent iron monuments are in place at each lot comer. 2. Turf must be established by the use of grass seed or sod on all lots within 60 days, excluding the time between October 1 st and May 1 st, of issuance of a Certificate of Occupancy. Turf must be established on all existing developed lot by September 31, 1994. 3. Water service curb box access cover at finished grade and curb box valve operable. If the escrow items are not completed within 60 days, excluding the time between October 1 st and May 1 st of issuance of a Certification of Occupancy, the City may enter the lot, perform the work, and apply the cash escrow toward the cost, plus administrative fees. In addition to the cash escrow, an escrow administration fee in an amount established by resolution shall be paid before a permit is issued for all permits requiring escrow per Ordinance Section. e e e MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: July 15, 1994 RE: AQUA THEATER PROPOSAL Staff has met with Steve Erban on two occasions to discuss their Aqua Theater concept for the downtown. The proposal would be located on the north end of the Dominos' Pizza lot just south of the city's North Main Street lot. The proposal includes using a portion of city lands (page 2 of report) and would rely primarily on city and on street parking for the use. The concept is being presented to the council not for approval but to see if the concept is worth additional community development staff time in reviewing the specific design, use and parking components of the project. Recommendation Review Aqua Theater concept and provide staff with direction regarding additional consideration. Attachment: Aqua Theater concept report. e e e - -- ,r biJ T ' -- 5 ACJl' T ~3-:: J4.TR2 mE e image of both on-the-move and environmentally sensitive, aquariums represent the politically correct attraction. CONCEPT An AquaTheatre uniquely combines the attraction of a total immersion aquarium experience with state-of-the-art visual experiences. These elements create an enhanced retailing environment. The concept of an AquaTheatre features an aquarium experience affordable to build and profitable to operate. AquaTheatres also enhance the local economy and tourism base and builds environmental awareness. AquaTheatres surround the visitor with the sights, smells and sounds of a natural environment. Our unique building design provides dramatic, yet economical, space to create our AquaDiscove~ experience. Our prototype building fits many population bases. The facility design expands or contracts in size to meet the projected attendance demands of a development area. This feature allows the rapid . development of AquaTheatres to meet our development goals. e An AquaTheatre contains several major components. Our aMazing Environmentsm features a NatureTheatresm and consists of a naturalistic landscape of free flight birds and free range terrestrials. This maze-like area enhances traffic flows and allows the guest maximum exposure to the species exhibited within the space. Further, it maximizes the time a guest experiences the space. This NatureTheatresm also serves as the central circulation space for our AquaTheatre. Another major exhibit, TeleTheatresm, provides our guests with multiple video programs within the same space. Varied programs occur within our TeleTheatresm, from prerecorded educational programs to live simulcast experiences with notable naturalists. These programs will change several times an hour, with new programs introduced throughout the year. Our guests will experience different programs on repeat visits. The AquaTheatre also features a large traveling exhibit and teaching space. This area allows for special featured exhibits during the peak attendance months and are used as a teaching lab and interactive video programming area during the off-peak months. This exhibit area provides the space and facilities to market to and meet the needs of the local education system. Of course, an AquaTheatre also features a world-class aquarium experience. Rather than requiring our guests to stand and shuffle by a large aquarium, our tank(s) allow our guests the opportunity to sit and enjoy the experience. Further, we e AQUATHEATRES, INc. EXEClITIVESllMMARv PAGE2 e Steve Erban, AlA, Founder, President -- Member of the American Institute of Architects (AlA) and practicing architect for 21 years. He served as a principal in both an architectural design firm and a construction company. Erban, through his architectural design business, created over 150 public space environments. His design and construction expertise cover a wide range of building types and styles, specializing in assembly spaces. Erban incorporates in his work natural light, natural building materials and abundant plant life. His projects include: The Catholic Indian Mission -- Fort Yates, ND; IncStar Corporate Headquarters-- Stillwater, MN; UFE Corporate Headquarters -- Stillwater, MN; Pax Christi Catholic Church -- Eden Prairie, MN and Pro Design Corporate Headquarters -- Plymouth, MN. In addition, he demonstrated his marketing abilities by creating and managing a National Horse Racing Tournament and a charter company specializing in event travel and entertainment. Over 2,000 customers allover the United States attended such events as Big Ten Football & Basketball games, NFL play-off games and NCAA Men's & Women's Basketball Tournament through Erban's charter company. e McRae Anderson, ASLA, CILP, Founder, Vice President - Marketing -- President and founder of McCaren Designs, Inc., a nationally recognized interior landscape design and construction firm. Anderson is a member of the American Society of Landscape Architects (ASLA) and is a Certified Interior Landscape Professional (CILP). His company was twice named to the INC. 500 List of Fastest Growing Private Companies and ranks among of the nation's 25 largest interior landscaping companies. He was a member of the design teams of: The Aquarium of the Americas -- New Orleans, LA; The Tennessee Aquarium-- Chattanooga, TN; The Genoa Aquarium -- Genoa, Italy; The South Carolina Aquarium -- Charleston, SC; The RainForest -- Cleveland, OH; The Minnesota Zoo, Coral Reef exhibit -- Apple Valley, MN; Moody Gardens Conservatory-- Galveston, Texas; Houston Museum of Science, Butterfly Exhibit -- Houston, TX ~d the Mall of America -- Bloomington, MN. Jamie Serino, Vice President - Operations and Education -- through his 14 years experience with the Florida Marine Research Institute (FMRI) and 18 years experience as President of Flying Turtle Productions, brings educational development and programming and product merchandising expertise to our team. In addition, he has produced numerous video productions and presented over 500 environmental educational programs and special events. He managed the FMRI Special Programs staff of information, education and audiovisual specialists and the FMRI library staff. He has appeared on and consulted with the broadcast media including Good Morning America and Tampa Bay Today. e AQUATHEATRES, lNe EXECUTIVE SUMMARY PAGE4 e e e :t~ e e e . 'JL~' . e e i . .... TDilTl..] =- .l'~ =-l: I :r~'.:l~ ____~__--;T.fJf:limm U:+:wTiT: e LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 94-168 e A T & T ACE Hard ware American Ban k American Linen American Planning Association B W B R Baltes, John Barrett, Bria Biff's Cat Ballou's Century Power Century Labs Clog Un-BoggIer Community Vounteer Service Deblon, Diane Desch, Mark & Gloria Desch, Mark & Gloria Diamond Vogel Eddy Brothers Concept Erickson Post G & K Services GAB Business Services Geis, Cindy General Industrial Supply Glaser, Paul Global Computer Supplies Gopher Bearing Huntingdon Jay Brothers K-Mart Kriesel, Nile Lakeland Ford Legislative Associates Metropolitan Waste Control Com Min n Comm MN City/County Mgmt Assn MN Dept of Public Safety North Star Turf Norwest Bank Oxygen Service Parker, Scott Rose Floral S M Hentges St Croix Animal Shelter St Croix Car Wash St Joseph Equipment S hort- Elliot-Hendrickson Snyder Drug Stillwater Towing Tower Asphalt Watson, Dennis Weldon, Morli Youth Service Bureau Wybrite - Equipment Rental/Maint Supplies Interest-Bond Obligations Towel Service Literature City Hall Study Overpayment of Utility Bill Swimsuit Portable Toilet Service NSF Check Repair to Tractor Hand Scrubs Clean Floor Drain-Hooley Building 1994 Allocation Health Insurance Parking Lease/Maintenance 1st Half Tax-Tax Increment Traffic Paint Hose Clips Enviromental Study-11 257 Gas/Diesel Uniforms/R ugs/Mops Claim Deductions-Sewer Back Up Mileage Repair Parts Boiler Engineer Office Supplies Bearings Tests-Soil Compaction/Compression Remove Tank-Aiple Lift Station Shot Shells/Film Coffee Door Latch Assembly Consultant Services Sewer Service Maintenance Agreement Membership-Kriesel Crime Prevention School Lawn Sweeper Interest-Bond Obligation Oxygen Lense-Squad Car Flowers-Funke Payment #2-11 274 June Boarding Fees Car Wash-Squads Bushings/Pins Engineering Services Film Tow Squad Asphalt Computer Programing Parking/Mileage/Car Title 1994 Allocation Computer Memory 220.21 221.71 506,842.93 21.24 78.95 1,046.07 329.00 51.00 189.78 40.00 145.39 135.90 60.00 2,581.25 309.62 742.30 17,943.96 582.82 55.68 5,761.00 3,763.45 1,145.40 1,000;00 15.75 66.56 200.00 40.63 208.65 839.00 1,800.00 80.00 45.60 66.61 500.00 67,899.00 342.51 60.00 200.00 11,975.93 44,756.25 49.30 18.41 29.38 305,187.95 251.38 29.82 102.65 75,950.89 65.4 7 40.00 4,151.25 605.00 24.00 14,714.25 77.00 e e e Aqua Mates 491 Hwy 35/64 Somerset, WI 54025 CONTRACTOR'S LICENSE APPROVAL July 19, 1994 New ..--- e CLAIM AGAINST CITY OF STILLWATER () NAME OF CLAIMANT IN Il.~) lOr,^^" A, Ko/t+ ADDRESS \ S ~4 ~,Q \ vb,Q..,CQ.cS$'r ~ \ L~$llAwO ..:5S'O 43- WHEN DID EVENT OCCUR? :r\J\-..Vf 4" qLl WHERE DID EVENT OCCUR? ).:25 Ne\..s'ow~. IV$ ~ ~ ~a::. 'K. ~z- l~i) G\'t:>lc-S"lOq A'Ns, wtf-j F 1'r-'1 A. ~ (g - / t., :l "J- PHONE NO.lv(:r-f/'~ 7/ S- - 372> -SOSO e - WHAT HAPPENED? \ g.eru"4 D~\ 'VtL 0\ 0 NO" ~ m~- CA-R. w vTS f>Ai..\(~ NO,," vv\ crV \ vvr... . - IF Me. D \ 0 N 0-\ tt-t'r' 0 0 (L () t H--\c. u:.. ~+t:.- W DOl t) ~E. H-t'r 3> ~~ -) D'RIUc.R. W~ \<1 ~~ OLD --:))' DC) ~ ~e-w I~ rh:.. \-t"Ab 'A- ~VV\~0A-\- l\c.. oR... p~U ~\VJIWSf' Po~~ en 'l ~Ul ~\.o,) (':'0 PIZ-\ vw.5> AR.t::.. 't"f.:A\ ~ ~ ,.-0 oi>~A-f'E- fJ+5S~ '-1~ VeH\C-Lf.Sl WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? ~6~ ~C'3~ ~ ~ Ac..:nos 1RftG)L - ~ e.. AIL {(oA 0 Uhss,,( M; 5\ 6 VV GO 1 \AJ 6 Z:.1/'rS , . c'~\vvc.. "rvIE ~~ - gOY f:\6vV 6,OIIl\ll1 WCS't" ~XR.. '"1W6 ~ ~ & E~ I W frL'nve- J. .pA-e,.", ~ M-Ov-.L ~ ~~ }H\stJ'\f" 666-w q~M"V~Et:aURE OF THE DAMAGE AND THE COSTS ASSOCIATED kF'r ~ ~1)'wI'P~ 'li\H.J..\~)-\-1J )...~P\ f-f:..>ML qu ~ pM&..... :). ~Sl1 W1~.) ~ J 3>qL1,1.t ~ 141 \. 1j NAME OF PERSON MAKING REPAIR; OR GIVING CARE Nc'1:\tI't'l/C'\, '{)e.l ~ {)o--N ~ Ne-vJ :J~,,~ \\ tDA~i q4 t/1!2~ ZiJ 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 ~ . -'" : ' ',-, ;.:- .,.- A ".. .'r1) i . I 'j /_J.._ '.', J 7/1.1 e ,$-1; C~ix- -./ C~~CfrUiuu ~~/~...~~/~... June 28, 1994 Stillwater City Council 215 North Fourth Street Stillwater, MN 55082 City Council Members of Stillwater: e My name is Jean Pearson and I operate St. Croix Custom Cruises out of Afton. Over the years I have had many requests for a one way cruise from Afton to Stillwater. It is a very scenic 2 hour cruise that appeals greatly to groups. Often these groups would then like to have dinner or shop in Stillwater. I currently have a request from a 3M group consisting of 10 elderly Japanese gentlemen who want to cruise from Afton to Stillwater on a one way trip only. They will be having dinner at the Lowell Inn. I requested permission from the Andiamo Company to be able to drop these gentlemen off at the city docks. My request was refused. As a Stillwater Chamber of Commerce member for many years, I would like to express my concern for the loss of revenue to the city of Stillwater and to my business as a result of this situation. As you well know, it is not feasible to pull a boat alongside the wall to unload passengers. I would like you to consider either establishing an agreement with Andiamo to enable commercial boats to drop off visitors at their dock or for the city of Stillwater to provide a dock for commercial use. I am confident that resolving this situation would be beneficial to the city of Stillwater and to those of us who would like to bring groups there. I would like you to review this situation and would appreciate hearing from you as to how we can resolve this issue. Please feel free to contact me if you have any questions. Thank you for you consideration. e s;;;.~ Jean Pearson ~v. 7/4 e Treas: (715) 386-9807 Village of North Hudson 400 Seventh Street North Hudson, Wisconsin 54016 Clerk: (715) 386-5141 Public Works: (715) 386-1730 July 1, 1994 Ralph E. Bader, Sheriff st. Croix County 1101 Carmichael Rd. Hudson WI 54016 ~ Re: Noise Ordinance Violations on the St. Croix River Dear Mr. Bader: This is a follow-up to action by the North Hudson Village Board of Trustees in 1992 regarding violations of Wisconsin Statues Section 30.62(2) which governs unmuffled motorboats in state waters. e We have again received complaints of excessive noise on the St. Croix River and again are asking your cooperation in enforcing the above oidinance. Enclosed for your reference is a copy of ~ur July 9, 1992 letter. We appreciate your continued efforts with this matter. Sincerely, J: the (O-YvJ) ~ LaVonne McCombie Village Clerk pc City of Hudson " of stillwater II of Bayport II of Af ton " II of Lakeland " of Lakeland Shores " of Lake st. Croix Beach " of St. Mary's Point Village Board e ., ~',' .;0. TO: City of Stillwater / Downtown Business Association e RE: Public Kiosks FR: Judy Gulden 439-8368 218 No. Martha, Stillwater DA: July 15, 1994 I would like to participate with the Downtown Business Association and the Oty of Stillwater in a project to acquire professional kiosks to be located in highly visible public 10cations. The following is a draft I have written to help answer questions you may have. A committee is conducting research on kiosks. We welcome your assistance, feedback and guidance in this , project. To assist in financing the public kiosks I am preparing a grant proposal. I would appreciate a letter of support from the Stillwater Business Association and Oty of Stillwater to be include in the grant proposal. It would be helpful tohave you~ letter of support by August 15. Thank you for yourattei1tion tomy suggestion and request for a letter of support. ffincerel~ Draft Stillwater Public Kiosks e Purpose The purpose of the Public Kiosks is to assist existing methods to communicate information to Stillwater residents. ' " , , ' . " -, Description ' " . ' " , ' The kiosks ,will be multi-sid~ or have sections to accommodate a variety of material to be posted. ., ' Gw~lmes , Items to be posted will be non-partisan and nor for commericial or retail purposes, Items may be posted by Stillwater Busmess Association, Stillwater residents, civic organizations and the Oty of Stillwater. Examples of Items To Be Posted · public meeting arinouncements . volunteer opportunities, regarding City parks and events · Ward activities and meeting announcements " ,', · events sponsored by the Stillwater Downtown Business Association . events sponsored by civic organizations .. .,., , Kiosk Maintenance V olunteers will be responsible for being the contact person for Kiosks. . Each kiosk will be maintained on a regular basis for neatness and maintained by a volunteer Kiosk Coordinator. The list of Kiosk sites, contact person and phone number' Wil1 be listed with the Stillwater Public . Library and Stillwater Busine~'Association. cc ,Steve Russell,' Oty~f S~llwater , . Paula McHugh, Stilhv,ater Public Library, ;.., .r' ,. e e e FVI- LEGISLATIVE ASSOCIATES, INC. MINNESOTA OFFICE: P.O. Box 2131 Stillwater. MN 55082 (612) 439-7681 Fax (612) 439-7319 WASHINGTON OFFICE: 7920 Towerbell Court Annandale. VA 22003 703) 560-7129 Fax (703) 560-4632 July 11, 1994 To: Mayor Charles Hooley Council member Terry Zoller, Ward 1 Councilmember Jay B. Kimble, Ward 2 Council member Rich Cummings, Ward 3 Councilmember Ann Bodlovick, Ward 4 L/cC:' Nile Kriesel, City Coordinator From: Ed Cain, LAI Subject: Information RE: Levee Project SEH has completed their proposal to the Corps of Engineers for the work to be done on the Stillwater levee project, and the negotiation process with the Corps has also been completed. As the result of a comprehensive proposal that SEH submitted, and the receptivity of the Corps to a broad interpretation of the authorization, we were able to get a great deal of work included in the plan that would have otherwise, been the responsibility of the City. These features include extensive development work toward the Lowell Park Project, the construction of new roadways adjacent to the levee wall system, and a number of other features that could have been cost factors to the City if not included in the levee project. The development and construction of the "I-Wall" that gives the City a fifty- year flood protection program was not included in the original budget estimate, but was a stipulation by the State to receive State dollars for the project. It will provide the protection needed from seepage under the sand bags that occurred in both the 1965 and the 1969 floods, and provide a firm base for sandbagging that will extend the flood protection even further. The expansion of the levee project to include our requests, and the increased costs of uncontrollable items has increased the total cost of the project substantially. I purposely constructed the language in both the authorization and the appropriation bills to give us as much leeway as possible. Nothing is being done that we do not have a commitment from Congress to do. Consequently, we are in a strong position to receive supplemental funding for the additional costs from both Congress and the State. Initial estimates by the Corps and SEH increase the cost of the project from $3.2 million to $5.5 million. Seventy-five percent of the $2.3 million increase, or $1.725 million can be requested from Congress, leaving $575,000 as the matching requirement. Half of the matching funds could be obtained from the State, leaving the City with an additional $287,500 cost. . . ~ OFFICERS RODELL L HOFLAND President SALLY EVERT VP-Campaign SHERYL E.MARSHALL VP-Communications LAWRENCE A. SEVERSON VP-Allocations JAMES BRADSHAW Secretary Liz WEAVER Treasurer JOHN T. HALL Past President BOARD MEMBERS e JERRY BEEDLE BARBARA BRANDT CHRISTINE A. CLARK WENDY L EHLENZ SUSAN K. FERGUSON TRACEY A. GALOWITZ MARY HOLMBERG ERVIN NEFF HARRY D. PETERSON BILL PROESCH ROBERT G. RuPP THOMASJ.SCHEUERMAN JENNIFER SCHLAG EN HAFT JAMES SCHUG JEAN M. SCHULTZ SANDRA SHEARER THOMAS THOMSEN KATHY TUNHEIM DAVID WETTERGREN STEVE ZINNEL JOHN BAIRD DIANE THOMPSON Life Members ST AFF JC PFEIFFER Executive Director LAURIE MAHER a Community Services .. NYALS KITTEL Campaign Coordinator JOANNE BERG Administrative Ass't. ST. CROIX AREA UNITED WAY METROPOLITAN FEDERAL BANK BUilDING. P.O. BOX 305, STillWATER. MINNESOTA 55082-0305 612/ 439-3838 rY.r July 8, 1994 Mr. Tim Thompson Parks Dept-City of Stillwater 1372 S. Greeley Street Stillwater, MN 55082 Dear Mr. Thompson: The St. Croix Area United Way is once again requesting the use of Lowell Park from 8:00 A.M. to 4:00 P.M. on Saturday, September 10 for our "Colors of Love" Family Fun Fair and campaign kick-off. This will be the sixth year that we plan to hold a family event downtown in the Park during this weekend after Labor Day, and we hope the Park will once again be available to us. Thanks for your consideration. SinC~relY_, ~ / hlu1J2-L-, Laurie Maher Community Services Director ) -;1115 "A/; e- If If fi I", IS 01"- -/l f,412 ~ / t1 e j fJv. Dfj- ~ Use ./0 I' f To Help Create a Community of People Helping People e e e ~(~\~NEISO'4 ~ ~ j.::: ~ ;! ~ g ~1- '~ ,. OF Tt\f>.~ ~~ LG P " c),'t L( Minnesota Department of Transportation 1 \ St. Paul,MN 55155 V ~1f'1J' ~~~ ~/ Transportation Building, July 12, 1994 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: S.P. 8214 (212=45-23) Washington County Parcels 29A and 30 Dear Mr. Russell: I have been informed from the Metro Division of Mn/DOT that upon further review the above referenced parcels should not be conveyed. Possible future needs for said lands relating to highway purposes is the reasoning behind their decision. I apologize for not keeping you better informed on the status of this sale. If the lands in the future become available for sale, the City will be the ftrst notified. Sincerely, /J~ /kIF- Marvin Martin Reconveyance Specialist Offtce of Right of Way and Surveys An Equal Opportunity Employer ~ e e e -~~~- ~~ Blichfeldt Realty ..--- v r 318 East Ave. S., Dresser, Wi. 54009 (715)755-~778 July 19, 1994 TO: Stillwater Mayor and City Council Members RE: Forest Ridge Addition I have a purchase agreement with the owners in title of this property, The Parlay Group, Inc., to purchase the land at Forest Ridge Addition consisting of 24 improved twin home lots. This property is in forfeiture with Washington County. Before August 10, 1994, this property must be paid because after that date this property could be tied up for two years before the county sale. We have just completed the 1st addition of Forest Ridge, which was owned by Rose Floral. I would like to continue building these units for approximately $104,000.00. They are one level, 2 bedroom, 2 bath, 2 car garage units. These are most often purchased by the 55 and up age group. The current debt with the county which adds up to $307,023.20, I will pay. The City of Stillwater also has some assessments owed to them which I am asking you to forgive. Diane Deblon, your Financial Director, and I met on July 14, 1994 to go over this and see what we could work out. After a couple of hours she realized this is a T.I.F. property, meaning the city gets the taxes instead of the County. I will let your City Attorney, Mr. Dave Magnuson explain this. Enclosed for your information is the Statement of Delinquent Taxes, a copy of the plat for the 24 lots, a copy of the plat for the 18 lots already sold and a financial breakdown of my costs. Thank you for your consideration, ~If James H. Blichfe dt Blichfeldt Realty & Builders aATEMENf OF rfiINQllENT TAXES ~ INTEREST CALCULATED THRU 7 / 94 lHlFORFElTED** nil 'THIs CALCU.ATIDN IS NOT CDMF1..ETE. PlEASE CONTACT THE AllIiITOR/TRf.ASURER OFFICE. n* WASHINGTON COUNTY D fAXPAYER Nr'iflE HiE PAALAY GROUP INC R.H. STAFFORD AUDITOR - TREASURER 7/19/94 PLAT /F'ARCEL SEe .33 TWP 30 RNG 20 LOT riESCRIPTION PT S!rJ1I4-SW1/4 S33T30R20 IlESC AS:COM Al THE NW CORNER OF THE '1033-2130 fA'( YR GENERAL TAX SPECIALS TOTAL TAX PENAt. TV 89 12~.s .08 1262.04 2520 .12 352.81 90 3513.84 4'1962.44 53476.28 7486.68 91 6977.24 ~.v208.10 57185.34 8005.95 92 6884.22 48266.32 55150.54 mt.os 93 4145.02 44076.96 48221.99 6751.08 TOTALS ::'"2778.40 1.9.3775.86 216554.26 30317.60 COSTS 10.(iO 10.00 BtJ( INTEREST TOTAl 1234.85 4117.78 21845.04 82808.00 16841.06 ~32.35 9954.65 72826.27 3206.74 53179.80 53082.34 C2m64.2U /19tf'iAx 5'~5'"6,~ t!. ~51:Jt. ~ ~s'T I (, ()? t:JC w,f{ W,4S"h/~ .:z; -::r~s- El-icJ,Pe-cp, ~7~"3..2Q) iVlll I' ~'y ') REMITTER_____________... ._____..___"______.,,_______ e e e - -~~~l- ------ FOREST RIDGE ADDITION / / I \ r0 o Lf) r0 N89'S/'S90E 17J,J8 r0 o Lf) r0 S89"SI'59"W 142.63 142.63 r--------------------------' I I I ~ l~ r- I . Lf) I~ 1 I I j I I I 141.4\ I I N8905\'59"E 1 r0 I o I 0 ~ ~ 2 lro= r0 " ~r<)r L___________140.60 -----------' ~ o r--------- N89.5\'59"E --------.., 0 t') I_Z o (0 ro 3 lro r0 ,~Ir0 \ \39.79 \ I N89.51'59"E t') o ro r0 L________ \ ( ! \ '-/ ~ (0 0> 0 ~ 3: ~ - T- N 0 N 0 Z \ \ \ \ \ 4 (.. I N <1"".~_ <6' ) 1'_' -0' 'J 0,9. '< / <'11:. / 122.95 r------- N8905\'59"E ------1 I I I 5 La3\.09 I r0 11.=35'37'27" \ ~ \ m ' Lf) r- to r0 a> e <0 30.00 I") r0 o ~ 30.00 \ \ ~\ Q) ...f 0 '" '" '- ~I 0 :0 ". .- C; Cl) \I) Ol "0 N 59::>1 ~;, i:.. .",.,; '-' -)~.-v '-" 6!ST ST. N890S/'S90E 330.06 S8905!'59"W 270.05 135.02 r------------------------' I 1 1Lf) 1-: l-.r 1Lf) 1 1 I ~ 135.02 r------------------------' 1 w r0 I = -:1 0r0 -.rl Lf)\ ~~ \ 16 ~ Lf) \ 0 I \ 135.02 (/) I N89051'59"E I 1 18 I . I to ' 1r0 _________J 17 r- 135.02 N8g051'5911E _. I.! oi ~ , \ I I \ I _2..--------J 18 I \ -\ ~ ~ I ~~I C \ ~. ,_._______=-- 135.02 o to I') I L-__________135.02 ----- N8g051'59"E . - N8g. - ,- _n- O ,_------ ---------, r-------- ~I ::;~ !:. -------- 1 I :z _ I I - I -\ 0' 14 I 0 \0 ro I \ ro 19 I rot 1')1 1 r0 \1')1 I \ I ! \ 135.02 I \35.02 \ ~~ 1\ o,o,_~.~ N89051'59"E I ' N8g0SI'59"E ( \ r0 ~ \ I <1~~~~ 10 ~ I." ~~--j> 13 \ ~ \ 20 ;s'~//.t / c::J " '7 I t') \ '-b./ " I I ' / '-________ 1\9.52 __-------' L___-I.-----120.78 ________J ,_____ N89051'59"E _------, r----\--- N8905\'59"E -----/ \ I I \ .' I \ L..:s2....2 I I L=3S.2B I 1 12 l' I I I I .e._37'OB'46" ~ If) I 21 Ll.=40'2S'21" I I Lf) ~ \ \ Lf)N <0 I \ I \ I \ 15 . '- .... en I Cl) " \ ~ / " i / " / " / -.\ 0"'1 "'!!"1 [:j~1 <<~ I -J <'< I ~ I I I I I 8 \ 1 \ 2. 50-, __________J -" ( I ~ '\ I~'" I . t> I t..'b 1 l7' d) I . 1 I 1 I I I I L..-\ 2. 50 L__________ e 73.26 w --.r 90 'd" . _0 . 0 0- (/) / I L~:?2 I <l,>~ .So ~ ,<So , %s , ,9. , , , , , , , , , "- ...... ... s 1& S<. q& "I.>, "I , S,9" " f: " .... .... , ' , ' , ' I , ' \7.50 " ',~ _____1----------~~~~ 23 0) q), ::to :. ...... . ' V ~ II BLOCK ~ ~'4. " .' ..., #.;: '7 o a>N . l' I') . a> <0 ,to \ I \0 9 9\.78 ~.." EJ f?tel11iUI11 .. I-6r ~ dl. j ~'O .~~ sq ~ ~ , , I I f I I I / I I I I I I I I I I I I f I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I f I I , I I I I I I I I I 00 FEET OF THE 3~ R 20 FOREST RIDGE ADDITION e e z o - - ....... ~ :eo I ~ co [\) >-4 f'\) CRO.8RG.=S L=14 .6=2', R=3 eRD.BRG.= N 75-35'46'E\ L=134.06 \ ~=28-32/231 R=269.14 9 ;,1 lit . ,.(. ,...6 "19 .; ~61 - \:J 51 . 31 \G\A\ 1\1 b'3 t \<:;;,"1' ,,~ , S\\~G ?-~c, b'3 ;~ \., 6 \ S fd<r.: \'\'J~'/ /" 'S;~~ ';)CC. o Ir.l Ir' '-'V b\-%{b'~ /' 6 \ I i\".3 ~ / \.\"1 / _'3'2,.(,. ~(, // \...- .\)(,''2,\ , ;J 28"j2'2J" b,' t><'\.'3 ~ ~~ b,' P L==/49.28, , ~~ '2-'~ ~ --- 5 c> L.. qr:;O /// ",,\4''2.6 ,1:'.1 11 I, , ,/ , i)~'2.~~ I . 10../) , / / 7 56 --- .' t r i <J1 @ / . L::_\~--/, ;;/ ~C!f N82.tl'3?~~__---- cr- , ,,' UlIU1'< 'I). -----52 L==42.59 , I .,-,,' SIOc.'Ni\LK,.,. pE.R ;- . 124. -09'19'45 ' I (',(ISi\NG c.t\st:.~c.N \ Nl B) f\) ~ ~- U1' !t ORAiNAG\4768 (EASE.);'.C. .j>. I:@ :ScJ..-P 10 zq rJ.., ". ~ OOC. NO. 6 3 (J1 f !'- 1 IW 12 IClQ <J1, . \ If\) 5 c..{) -/ /0) - ,- - - N89'S9'14'V - -- -. -~~ r8 V'l I 0 N89'Sl'S9'E ~: r------- -,-,127,39..,- "- ~ rr1 --: 133.04 ~ S'OL.{) 9'-'.lq/~--1:: ~ . )> ~ iJ<: S 0 (f) l 't 13 ~ ~ gl - (/) 810. 13 (f)o : ..J ,\0, 0 ~ ~ ' I 0;0 ~? ~,~=~===~-~~I:~~':9'~------ ,- -~ ~ 56 '-f) ~Iw . --- ----; 0 C) ~i~: 56 L.f) 14 /q ~3 Z ~ [T1 10' 0 0 qo 0' N89'Sl'S9'E U1 : o ~ \o')~':Jd':J 132.5715 '1 P ~ ~ ~ 7..V t/\\ S l> '- 0 t q ;1 ~ 8 -i .,! ~ ..]or9;,., \" :~o_ ~- (' (" II ~ U' ~ 11\ rJ -I ;Q ~ \ U1 -..J - -t -- -. 40.00 \ N89'S9'14'V 127,63 8 v. ,0) '0 '0 \)~ ~x ^'v; o:j OZ 01:) z~ 01:) .X 0)-4 ~I ~~ CD /"o.~ ~> >-< U'l fT1~ 3:> rrlU'l ZI"'1 -43: ~ (,)z 'o,.J -4 ) f~lo -,-.---- --- N89'S9'14'V ______u...; ;- ---- -- -, 127.87 -- ---- ,--- -_, v. 0) So t.. D 8 lq 3" 7 v. 0) :0 N89'59'14'V 128.11 6 -. ---,-- -"'124,7S-- _______J v. 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S- <II 'e -- ---- ..' FOR E $; T RID G E A DO I T ION ,~ , . J I ,. '"'' ' I" -h/_ =r-~l . ,. 'v' . ....,.~. - ---.- ' _.-- ..~-:-.::' -'-~, ,---,---', '-....--'-- -,--- '" . 'I..,. ~ ;ii'~""1 "".,,..,. "--, - . -- / I '-"__ "", ~. ~Y.~;'I"_ ,...1'." "0;-",,, , , __.__"'_..._"::::cc-::( ~-':"~;' '>., ';.:: " ,,:.... ;."..' .. .~.. ,," r ' {Y '...' --- I. - ..t .... .. ,..,....,.... ..~.~..'~....." " - .'" - __, "- - .~.-"'~':i".::.~.i.~;::;~~t~ ;,; ~~ ~ J ~-~r' - ____' d- .,-..--- -= _" _ .~._ .=."- IT . . I. ----- TWIN HOMES OFFERED BY: BLICHFELDT BUILDING AND DEVELOPING ~ 1430 WEST FRONTAGE ROAD STILLWATER MINNESOTA 439 - 3458 ~.'.... /' , , e e e e e e . , \ \"1 .\ ~ 3 BEDROOM FLOOR PLAN 2 BEDROOM FLOOR PLAN LMnsr Room 11'.2- x 17..0- Master Bedroom 11'..0- x 14'..0- Master Bedroom 11'..0- x 14'..0- Bedroom #2- 10'.'- x 10'..0- Kitchen I Kitchen Bedroom #1 10'." x 9'.,. Dinette GaJ:a&e Livinsr Room 11'.2- x 13'..0- Dinin~ Room Bedroom 10'-6" x 10'-0" Garaae r-------~ I I I I r--------~ I I I I ------ ------- 06/27/94 15: 13 ECKBERG LmJ F I R~l ~ 4390456 NO.748 P002 e'" LAW OF'F'ICES Of" FILE COpy -'" ECKBERG, LAMMERS. BRIGGS, WOLFF EX VIERLING 163:1 NORTHWESTEI'lN AVENUE S7ILLWATE:R. MINNE:SOTA 55062 L. n.E oJ, ECKSE;:RG .JAMES F', LAMMERS ROBERT G, BRIGGS PAUL A. wOL.l"l" MARK ,J. VIERLING GREGORY G, GAL.L.E:R KE:YIN K. sHoe:aC:RG THOMAS oJ, WE:IDNE:R SUSAN 0, OL.SON (612) .:.~9-2a7e ~AX (ES12l A39-2s23 May 31, 1994 Mr. Charles Hooley, Mayor city of stillwater 920 South Greeley street stillwater, Minnesota 55082 Gary Funke 1605 West Pine street stillwater, Minnesota 55082 Mr. Jay Kimble 412 West Elm street stillwater, Minnesota 55082 Richard Cummings 1060 Amundson Drive stillwater, Minnesota 55082 e Ms. Ann Bodlovick 1511 West Olive street stillwater, Minnesota 55082 Re: CUrve Crest Properties II e Dear Honorable Mayor and councilpersons: This office was retained by Curve Crest Properties II to appeal the assessed taxes on the building owned by CUrve Crest Properties II which is known as the Brine's building located in the industrial park. In August of 1993, we met with the Mayor and staff regarding the fact that the property was subject to a tax increment financing agreement. At that time, the Mayor and staff indicated that any settlement of this matter would have to include a provision that the city would not lose funds from the underlying TIF agreement. As a result of those discussions, my client and the county of Washington reached an agreement as to the assessed value of the property wherein they agreed to reduce the assessed value to $612,000.00. This was based on a county comparison of other buildings located in the industrial park and in Washington County. Although my clients believed it should be lower than that, they agreed to accept that amount. In addition, my clients agreed that on top of the normal taxes associated with the assessed value of $612,000.00, that the funds apportioned to the City under the TIF agreement would also be added to that. As a result, the County would collect the taxes and the portion of the TIP that belongs to the City and distribute that to the City. 07/08/94 e e e 17:04 CITY OF ORK PRRK HEIGHTS ~ 6124390456 AGENDA crTY OF OAK PARK HEIGHTS MONDAY, JULY 11. 1994 .. 6:00 P.M. 6:00 P.M. AGENDA L Kennel License Public Hearing 8:00 P,M. AGENDA l. Call to Order II. Visitors III. Departmental Reports Schaaf - Utilities a. Mall Pedestrian Path Kern - Streets Building Official O'Neal. Police Seggellce . Parks Doerr . Administration a. Media Policy Cable Update Consolidation Update Water Management Update IV. Public Hearini ~8th Street Improvement Project Continued V. Old Business ADA Compliance Infonnation & Cover Park River Hills Punch List East Oaks Planned Unit Development MN DOT - Noise Barrier Perro Creek Contribution Resolution VI. Review Minutes - June 13th & 27th VII. New Business Schedule Public Hearing. Pam Sanderson Variance MN DOT - S.P. 8214-880 St. Croix Artimal Shelter Contract Schedule Public Hearing - Cindylou Hull Home Occ. Schedule Public Hearin&' - Hagstrom PUD SchetJule Public Hearing - Hendrickson Variance VIIl. Bills Presented for Approval & Treasurer's Report Post.lt'" brand fax transmittal memo 7671 IITD ~~ KnHQ'-U I'ro ,Co. :,Co. NO. 3~ ...:1" ~01 ~~ 1- 2. 3. 4. 5. 6. 7. 9:00 9:00 9:15 9:45 9:50 8. 9. 10: 00 Denni8 C. Hegberg Di8trict 1 MeryH_er Di8trict 2/Cheir Wally Abrahamaon Di8trict 3 Myr. Pet....on Di8trict 4 Dwe Engstrom Di8trict 5 WASHINGTON COUNTY COUNfY BOARD AGENDA JULY 19, 1994, 9:00 A.M. ROLL CALL CONSENT CALENDAR HUMAN RESOURCES - J. HONMYHR, DIRECTOR A. RATIFICATION OF 1994-95 BARGAINING AGREEMENT WITH TEAMSTERS LOCAL 320 REPRESENTING THE PROBATION OFFICERS B. RATIFICATION OF 1994-95 BARGAINING AGREEMENT WITH THE ASSISTANT WASHINGTON COUNTY ATTORNEY'S ASSOCIATION PUBLIC HEARING - AUDITOR-TREASURER'S OFFICE - R. H. STAFFORD, A-T DETACHMENT AND ANNEXATION HEARING GENERAL ADMINISTRATION - J. SCHUG, ADMINISTRATOR DISCUSSION FROM THE AUDIENCE VlSITORS MAf SIWtE 7HEIR CONCERNS WT17l THE COllNTf 8004RD OF COMMJSSIONEJrS ON AN'l rrEM NaT ON THE AGENDA. THE CHAIR W7U. DIRECT THE COUNTr ADM/N1ST&tTOR TO PREPARE RESPONSES TO fOVR CONCE1lNS. fOU ARE ENCOURAGED NaT TO 8E lIEPE1T110US OF P1IEV10US SPEAKERS A}{D TO LDDT faUlt ADDRESS TO F1VE MINUTES. COKKISSIONER REPORTS - COKKENTS - QUESTIONS 11I1S PDUOD OF 11ME SIWL !E usm /If THE COMMISS10NERS TO /fEPOKT TO THE rou.. 8004RD ON COloIM177F:E AC11V1T1ES. .IUD: COMMENTS ON MATlDS OF INTEREST A}{D TNFOlIMA170N. OR IWSE QUES110NS TO THE mn: 11I1S AC170N IS NaT INTENDED TO RESUl.T iN SV8STAJmVE 8004RD AC170N DURING 11I1S 17ME. ANT AC170N NECLS:W!f !EClVSE OF DISCUSSION WIlL 8E SCHEDULED FOR A FUIVI!E 8004RD MEETlNG. BOARD .CORRESPONDENCE ADJOURN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Da'te July 18 July 19 July 19 July 19 July 19 July 20 July 20 July 20 July 21 July 21 July 21 MBftIRG ROTlCES COlDJDi't'tee ~iIIle Finance Committee Judicial Ditch ChisagojWACo Legal Assistance Mental Health Advisory Vacancy Review Committee Plat Commission HRA Board Transportation Advisory MELSAjMetronet Park and Open Space Minnesota Extension 9:00 a.m. 9:00 a.m. 12:30 p.m. 4:00 p.m. 10:15 a..m. 9:30 .a.m. 1:00 p.m. 2:00 p.m. 1:15 p.m. 6:00 p.m. 7:30 p.m. Loca'tioD Washington County Government Center Chisago County Courthouse Stillwater Perkins Oakdale City Offices Administrative Conference Room HELM Meeting Room 321 Broadway - st. Paul Park 230 E. 5th St. - Mears Park Centre Metronet Offices - St. Paul Wa.shington County Government Center Extension Office - Rooms A & B l/yO" !Wed auUllDICe due to dbabiUty or lanllUlle barrier, please call 4J().6()()J (lDD 4J9-J220) AN EaUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER