Loading...
HomeMy WebLinkAbout1996-09-03 CC PacketREGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL 1. Stillwater Chamber of Commerce Request for financial assistance 2. Report: Updated Fiscal Impact of Annexation Rob Tautges STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 96 -22 Margaret Rivers Room, Stillwater Public Library 223 North Fourth Street September 3, 1996 4:30 P.M. AGENDA 5. Parks Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 7:00 P.M. AGENDA 110 CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES August 20, 1996 Special and Regular Meeting PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS 4:30 P.M. 7:00 P.M. 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* D 6 1. Resolution 96- 212(Directing Payment of Bills 2. Accepting report from Downtown Parking commission meeting of August 21, 1996. 3. Contractors Licenses: Dakota Fence of Minnesota, Inc.(renewal); M.C. Magney Construction, Inc.; Arbuckle Construction (New) 4. Resolution: Purchase of unmarked squad car for investigator S. Hang Banner Sept. 23 -Oct. 6, Fall Colors Art Festival, City of Stillwater Chamber of Commerce City Council Meeting 96 -22 September 3, 1996 PUBLIC HEARINGS 1. Case No. SUB /96 -31. This is the day and time for the public hearing to reconsider a 27 30 lot preliminary plat, Interlachen Hills, Third Addition, in the RA, Single Family Residential District, located east of Interlachen Drive and south of Interlachen Way. Jim Peterson, Trail Head Development, applicant. Notices mailed to affected property owners on August 22, 1996. 2. This is the day and time for the public hearing to consider the sale of property by the City of Stillwater. The property is located on the east side of North Third Street directly south of the residence at 315 S. Third. The property size is 50 feet deep and 150 feet wide (along Third St.) and contains 7,500 square feet of area. The property is treed and generally steeply sloping from Third Street to the east. The land would be sold to Gerrard Realty (a portion) and Martin Elkenborg (a portion) A deed restriction would be placed on the property to disallow development of the site and to retain the site in a *natural condition. A public utility easement would be retained on the entire site. Notice of the hearing was placed in the Stillwater Gazette on July 29, 1996, and notices mailed to affected property owners. 3. Case No. ZAT /96 -1. This is the day and time for the public hearing to consider an amendment to Chapter 31.00 of the Stillwater City Code, Zoning, adding a new Campus Research and Development District, CRD. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Second reading of ordinance: A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Campus Research and Development District, CRD. 4. Case No. ZAM/96 -1. This is the day and time for the public hearing to consider a zoning ordinance map amendment by amending Chapter 31.00 of the Stillwater City Code, Zoning, by designating approximately 28 acres of land located west of CR 5 and north of TH 36 as Campus Research and Development (CRD). City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996, and notices mailed to affected property owners. Second reading of ordinance: A zoning map amendment to Chapter 31, Zoning, of the Stillwater City Code, to designate 28+ acres of land located west of CR 5 and north of TH 36 as Campus Research and Development (CRD) District. 5. Case No. ZAT /96 -2. This is the day and time for the public hearing to consider an amendment to Chapter 31.00 of the Stillwater City Code, Zoning, adding a new Village Commercial District, V- C. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Second reading of ordinance: A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Village Commercial District, V -C. 6. Case No. ZAT /96 -3. This is the day and time for the public hearing to consider an amendment to Chapter 31.00 of the Stillwater City Code, Zoning, adding a new Agricultural Preservation District, A -P. City of Stillwater, applicant. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Second reading of ordinance: A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Agricultural Preservation District, A -P. 2 City Council Meeting 96 -22 September 3, 1996 .7. Case No. CPA/96 -1. This is the day and time for the public hearing to consider an amendment to the City of Stillwater Comprehensive Plan incorporating the Orderly Annexation Agreement as 0 part of that document. Notice of the hearing was placed in the Stillwater Gazette on August 19, 1996. Resolution: Approving amendment to City of Stillwater Comprehensive Plan by incorporating the Orderly Annexation Agreement. UNFINISHED BUSINESS 1. Resolution: Approving Ice Arena Contract 2. Possible second reading of ordinance amending Chapter 56 of Stillwater City Code Entitled Taxes and Assessments (Rural taxation district for anneition area) 3. Resolution: Approving Development Agreement Territorial Coalition Inc. 4. Acceptance of resignation and commendation of Rob Hamlin as Planning Commissioner 5. Update: Railroad land purchase in downtown Stillwater 6. Election to participate in Local Housing Incentive Program under the Livable Communities Act for 1997 7. Discussion or ordinance regulating pawnbrokers NEW BUSINESS 1. (To be postponed at request of Finance Director) Resolution: Adopting proposed Budget and proposed 1997 Tax Levy Resolution: Setting date for Truth in Taxation hearings 2. Resolution: Appointment to Park and Recreation Board 3. Special Use Permit for elementary school 4. Resolution: Adopting revised Parks and Trailway Dedication Policy PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS (continued) COMMUNICATIONS/REOUESTS 1. Richard Hill Request to close portion of street for block party 2. Paul Weiler, Youth Service Bureau Request for funding COUNCIL REOUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Items in italics are additions to the agenda 3 LIST OF BILLS EXHIBIT "A" TO RESOLUTION 96 -212 Amer. Planning Association Apollo Heating Vent. Arend, James Arrow Building Center AT T Wireless Beck, Jon Berkley Risk Services Burmaster, Russell Business Equipment Brokerage Chemsearch Construction Materials Courier Croix Oil Dachtera, Tim DARE America DebIon, Diane Desch, Mark Gloria Firstar Trust Glaser, Paul I. P. M. A. Junker Sanitation Kangaroo Self Storage Legislative Associates Lind, Gladys Magnuson, David MN Community Policing Institute MN Dept. of Trade Economic Dev. MA.CA. Nelson Radio Communications O. E. I. Inc On -Site Sanitation Reliable SAHS Physics Club Raleigh, Rob R T Specialty Rose Floral SEH Stillwater Sunrise Rotary Thompson Publishing Group Thueson, Matt Viking Office Products Zepper, Allen ADDENDUM Ace Hardware Airtouch Cellular AT &T Wireless Zoning News Subsc. Refund for Mech. Permit Building Inspections Timber and Nails Cellular Phones Student Web Project Deductible Janitorial Services Ink Cartridges Grease and Grease Gun Hot Pour Legal Publications Oil Student Web Project Misc. DARE Items Meal/Health Ins. Parking Lease/Maint. Paying Agent Fees Boiler Engineer Membership September Payment Storage Space Rental Retainer /Consultant Svcs. Land Purchase Legal Services Registrations Seminar Conf. Registration Repair CD Siren Computer Paper Portable Restrooms Misc. Office Supplies Web Page Storage Student Web Project D.A.R.E. shirts Sympathy Tribute Subd. Code Update Quarterly Dues Handbook Student Web Project Supplies Conf./Meeting /Parking Wheelbarrows/Ruler Cellular Phone Long Distance 50.00 35.50 275.00 1,270.54 260.74 60.00 500.00 220.00 139.11 325.11 1,223.05 70.87 547.86 90.00 190.80 361.48 742.30 5,249.65 200.00 100.00 93,205.13 176.00 4,695.00 927.00 7,958.33 176.00 695.00 70.65 290.99 239.97 3,744.70 547.02 90.00 48.00 181.44 37.95 3,579.90 113.00 227.00 507.00 299.47 94.75 206.52 40.48 1.08 Bailey, Chuck Buckley, John Business Records Corporation Copy Cat D. J.'s Municipal Supply Downtown Holiday Inn Earl F. Anderson Government Training Service Grafix Shoppe Lake Country Chapter Municilite Co. Snap On Inc. NSP Roettger Welding Streichers T. A. Schifsky U.S. West Valley Paving Viking Safety Products Warning Lites Zee Medical New Curb Gutter Install Emergency Equip. Transfer Cases/Pens Business Cards/Envel. Safety Gas Can/Gloves Community Policing School Bus Signs Building Code Seminar Letters for Truck Seminar Emergency Lighting Tools for Shop Gas/Electric Repair Light Pole Charging Cords Asphalt Tack Phones/Long Distance L.I.295 Repair Trolley Spring Flasher and lites Medical Supplies Total Due: Adopted by the City Council this 3rd Day of September, 1996 APPROVED FOR PAYMENT 3,250.00 1,000. 164. 131.2 114.75 233.24 77.70 60.00 438.24 125.00 760.90 32.15 7,099.25 80.00 23.32 1,709.90 216.66 177,814.91 96.01 503.98 50.35 324.046.05 CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: September 3, 1996 SUBJECT: 1997 BUDGET AND TAX LEVY Washington County did not have the final property values for the City of Stillwater available today. Therefore, we will need to schedule another meeting to adopt the 1997 Budget and 1997 Tax Levy, before September 15. MEMORANDUM TO: Mayor and City Council FROM: Diane Debion, Finance Director DATE: August 30, 1996 SUBJECT: Lease vs Purchase Options Attached (Exhibit A) are dollar comparisons for leasing or purchasing a 1996 Chevy Blazer and 1996 Jeep Cherokee. The calculations are based on the "Lease Specials" and quoted purchase prices (from the vendor offering the lease special). The Chevy Blazer and the Jeep Cherokee are cheaper to purchase outright rather than to lease (with an option to purchase). LEASE Lease Option A 12,000 miles /year Lease term (months): Payments Payment due on delivery: Purchase option price Financing Charges 3 years at 4.5% TOTAL Cost to Lease (Option Al $34.562_88 Tax Included •ase Option B 15,000 miles /year Lease term (months): Payments Payment due on delivery: Purchase option price Financing Charges 3 years at 4.5% Tax Included 24 $286.49 $3,490.99 $21,172.20 $3,023.93 24 $297.81 $3,502.31 $20,877.20 $2,981.80 TOTAL Cost to Lease (Option B):$34.508.75 Exhibit A 1996 CHEV BLAZER PURCHASE Purchase 3 Years Quoted Purchase Price plus tax Licbnse and Transfer Fees Total to Finance: Financing Charges 3 years at 4.5% $26,304.44 $348.50 $26,652.94 $3,806.72 TOTAL Cost to Purchase: $30.459 66 Page 1 of 2 LEASE Lease Option g 12,000 miles /year Lease term (months): Payments Payment due on delivery: Purchase option price Financing Charges 3 years at 4.5% Tax Included e Option 8 Ilik,000 miles /year Lease term (months): Payments Payment due on delivery: Purchase option price Financing Charges -3 years at4.5% TOTAL Cost to Lease (Option Bl Tax Included 1996 JEEP CHEROKEE PURCHASE Purchase 3 Years 24 $211.94 $3,444.19 $14,947.28 $2,134.85 TOTAL Cost to Lease (Option A) $25.612.88 24 $231.28 $3,463.53 $14,548.97 $2,077.96 $25,641.18 Exhibit A QuQted Purchase Price plus tax License and Transfer Fees Total to Finance: Financing Charges 3yearsat4.5% $21,857.00 $303.50 $22,160.50 $3,165.08 TOTAL Cost to Purchase $25 325 58 Page 2 of 2 SPECIAL MEETING 96 -20 4:30 P.M. The Meeting was called to order by Mayor Kimble at 4:35 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller (arrived at 4:52) and Mayor Kimble Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Finance Director Deblon CITY OF STILLWATER MINUTES AUGUST 20,1996 Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette 1. 1997 Budget Workshop Finance Director Deblon and City Coordinator Kriesel presented Council information on the 1997 budget. Engineer Eckles presented his proposed budget for Engineering/Public Works. Budget discussions will be continued at the Special Meeting to be held on August 27, 1996 Motion by Councilmember Thole, seconded by Councilmember Zoller to recess at 5:55 p.m. Attest: Acting City Clerk Mayor Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Recording Secretary Ward STILLWATER CITY COUNCIL MINUTES August 20, 1996 REGULAR MEETING 96 -20 7:00 The meeting was called to order by Mayor Kimble Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Absent: None Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the minutes of the August 6, 1996, Special and Regular Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS 1. pave Ruch Stillwater Public Library long range plans Mr. David Ruch of the Stillwater Library presented Council the long range plans for the library. 2. City of Stillwater Chamber of Commerce Downtown District historic lighting /Eauinning Chamber Qffice James Laskin of the Chamber of Commerce addressed the issue of the Downtown District Historic Lighting. Councilmember Thole stated that financing for this project should not come from the General Tax Levy. Motion by Councilmember Thole, seconded by Councilmember Bealka to direct staff to investigate funding plan, TIF monies available for District 1, and to make a recommendation to Council. Mr. Laskin also addressed computer needs in the chamber office. Motion by Mayor Kimble, seconded by Councilmember Zoller to have staff work with the chamber regarding computer use and costs. All in favor. Recess at 8:00 p.m. Reconvened at 8:05 p.m. City Attorney Magnuson advised Council that if an alternative is addressed, a public hearing should be held with the affected property owners. 3. Reauest for Reconsideration of Council Annnroval of Interlachen Hills 3rd Addition Jim Peterson of Trailhead Development asked Council to reconsider the approval of Plan 1B. Motion by Councilmember Thole, seconded by Councilmember Zoller to set a hearing for 7:00 p.m., September 3, 1996 and directing staff to send notices to the affected property owners. All in favor. 4. Don Emnson Lift Bridge Traffic Issues Mr. Don Empson addressed the Council regarding Mn/DOT maintenance on the lift bridge and lowering the weight limits on the bridge. Mat Hollinshead, River Town Restoration, Inc., distributed information and addressed the Council on the lift bridge issue. He asked that Council investigate the material he has submitted. He also asked that Council secure Mn/DOT's clarification on the lift bridge issue as the two agreements conflict with each other. Motion by Councilmember Bealka, seconded by Councilmember Cummings, directing staff to prepare a resolution requesting a formal inquiry to the fate of the lift bridge for the September 3, 1996 meeting. All in favor. CONSENT AGENDA* 1. Resolution 96 -203: Directing Payment of Bills 2. Resolution 96 -211: Posting West Side of Owens, between Elm and Hickory, as No Parking, 8 -8:30 a.m., Monday -Friday 3. Receiving Report by ATEC: Olive Street and Deer Path subsurface soil evaluation, Job 9607 4. Utility bill adjustments 5. Resolution 96 -207 Purchase of annexation area graphical information 6. Approval to hang Banner (Main St. Olive) Oct. 7 -21- St Croix International Bookfair Oct. 18 -19 7. Approving Name Change on Liquor License for Oak Glen Country Club 8. Approval to hang Banner (North Main Street 100 Block) Aug. 26 Sept. 9- Salem Lutheran Church Open House Motion by Thole, seconded by Cummings to approve consent agenda. All in favor. 5. Community Development Director Community Development Director Russell informed Council of the resignation of Rob Hamlin from the Planning Commission. Council directed Community Development Director Russell to investigate the length of Mr. Hamlin's term and prepare a report and recommendation for Council at the September 3, 1996 meeting. 6. City Engineer City Engineer Eckles explained that the area of the Levee Project needed secure fencing. Cost of $6,000 would be split three ways between the Corp of Engineers, Contractor and City. The City's cost would be $2,000. By obtaining this fencing would allow the contractor to open up a majority of the park. ~ 4 Coordinator Kriesel informed Council that the City is responsible for "No Trespassing" on the levee project. Motion by Cummings, seconded by Thole adopting Resolution No. 96-205 approving the purchase of secure fencing for the Levi Project at a cost of $2,000. tit Ayes - Councilmembers Bealka, Cummings, Thole and Mayor Kimble Nays - Councilmember Zoller 8. City Clerk Administrative Secretary Ward informed Council tli~t a Canvass for Primary Election was not needed due to there being no Municipal Primary Election. 9. City Attorney City Attorney Magnuson informed Council that the closing for the Territorial Prison site was on Wednesday, August 14, 1996 and that the draft Developers Agreement is being prepared. 10. City Coordinator Coordinator Kriesel informed City Council that as owners of the Territorial Prison site, the City is now responsible for maintenance/upkeep. Gil Jansen is willing to perform the maintenance at an hourlyrateof$17.00. e Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution 96-209, hiring Gil Jansen for maintenance at the Territorial Prison site. Ayes - Councilmembers Cummings, Thole, Zoller and Mayor Kimble Nays - Councilmember Bealka City Attorney Magunson stated that the current tenants of the Territorial Prison site rent on a month to month basis and recommended the City obtain leases from the current tenants. Motion by Councilmember Thole, seconded by Councilmember Zoller directing City Attorney Magnuson to obtain lease agreements from the current tenants of the Territorial Prison site. All in favor Coordinator Kriesel informed Council that the walkway at the south end of the City on Highway 95 near Quarry Lane was blocked again by boulders etc. It is the same problem as last year. Motion by Councilmember Thole, seconded by Councilmember Zoller directing City Attorney Magnuson to take the appropriate steps necessary to get the individual responsible for blocking the walkway to clear the walkway and keep it cleared. All in favor. UNFINISHED BUSINESS e 1. Ed Cain, Legislative Associates - Funding for retaining wall and historical marker at territorial prison site ;:. ';;;'"';':.t'T'~i...", ._',,,,..,,:~;: ;';,;,~:, :,oi ,.~"';, 1; ;;:,;r",...c,':;'",:,:. ~,~. Ed Cain submitted a resolution for Council review to forward to the legislature asking for funding for the retaining wall and a historical marker for the Territorial Prison Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution No. 96 -204 requesting funding for the retaining wall and historical marker at the Territorial Prison site. Ayes Mayor Kimble, Councilmembers Thole, Zoller, Cummings. Nays Councilmember Bealka 2. Possible second reading of ordinance amending Council salaries NEW BUSINESS Mayor Kimble addressed the issue of Council salaries. Motion Councilmember Bealka, seconded by Councilmember Zoller to keep the existing salaries of the 1 City Council. r Ayes Councilmembers Bealka, Thole, Zoller Nays Mayor Kimble and Councilmember Cummings 3. Appointment of Joint Board members pursuant to Orderly Annexation Agreement Community Development Director Russell informed Council that the Joint Board pursuant to the Orderly Annexation Agreement is being created and that appointment of two members of Council are needed to represent the City. Motion by Councilmember Bealka, seconded by Councilmember Cummings adopting Res. 96 -208: Appointing Councilmember Zoller, Mayor Kimble and Eric Thole (alternate) as members of the Stillwater City/Township Joint Board. Ayes Councilmembers Bealka, Cummings, Zoller, and Mayor Kimble Nays Councilmember Thole 4. Consideration of referendum question for additional liquor licenses Mayor Kimble addressed the issue of placing a question on the November 5, 1996 General Election ballot regarding issuing additional liquor license. Motion by Councilmember Cummings, seconded by Mayor Kimble to adopt the appropriate resolution placing the question "Shall the City Council be allowed to issue `on -sale' licences for the sale of intoxicating liquor at retail in excess of the number permitted by law." Ayes Councilmember Cummings and Mayor Kimble Nays Councilmembers Bealka, Thole, Zoller Motion failed. Recess 9:25 9:30 p.m. 1. Possible first reading of ordinances implementing Orderly Annexation Agreement a. A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Village Commercial District, V -C. City of Stillwater, applicant. Case No. ZAT /96 -2. First reading b. A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Agricultural Preservation District, A -P. City of Stillwater, applicant. Case No. ZAT /96 -3. First reading, c. A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Campus Research and Development District, CRD. City of Stillwater, applicant. Case No. ZAT /96 -1. First reading.. d. A zoning map amendment to Chapter 31, Zoning, of the Stillwater City Code to designate a 28+ acres of land located west of CR 5 and north of TH 36. Campus Research and Development (CRD) District. City of Stillwater, applicant. Case No. ZAM/96 -1. First reading. City Attorney Magnuson stated that the ordinances included the new language and the first readings should take place. Motion by Mayor Kimble, seconded by Councilmember Thole to proceed with the first reading of the ordinances. All in favor. City Attorney Magnuson distributed a resolution regarding the assessment policy statement of the City of Stillwater and ordinance in reference to amending Chapter 56 of the Stillwater City Code. He recommended that Council hold the first reading and adopt the resolution. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 96 -210 amending the assessment policy statement of the City of Stillwater. Ayes Councilmembers Bealka, Cummings, Thole, Zoller, and Mayor Kimble Nays None Motion by Councilmember Thole, seconded by Councilmember Cummings to proceed with the first reading of Ordinance Amending Chapter 56 of the Stillwater City Code Entitled Taxes and Assessments. All in favor. 2. Appointments to Human Rights Commission Mayor Kimble addressed the Human Rights Commission vacancies. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 96 -206, Approving the Appointment of Elizabeth Seekel, Elizabeth Tomten and Steven Bloom to the Human Rights Commission Ayes Councilmember Bealka, Cummings, Thole, Zoller, and Mayor Kimble Nays None PETITIONS. INDIVIDUALS. DELEGATIONS COMMENDATIONS (continued COMMUNICATIONS/REOUESTS 1. Robert Glenice McGarry Utility Assistance Program, Downtown Improvement Project Council reviewed the request of Robert Glenice McGarry regarding Utility Assistance Program. COUNCIL REOUEST ITEMS A Coordinator Kriesel stated that the City does not have such a program. Motion by Councilmember Cummings, seconded by Councilmember Thole directing staff to inform the McGarrys that the City does not have a program in existence. All in favor. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Bealka to adjourn the meeting at 9:40 p.m. All in favor Resolutions: Respectfully Submitted: Administration Secretary Attest: City Clerk Mayor Councilmember Zoller asked that staff investigate the property on 3rd Street that has the air conditioner on City land and the possibility of selling the property owner the needed land to include the land the air conditioner exists on. Res. 96 -203: Directing Payment of Bills Res. 96 -204: Requesting Funding for the Retaining Wall and Historical Marker at Territorial Prison Site Res. 96 -205: Approving the Purchase of Secure Fencing for the Levee Project Res. 96 -206: Appointing Elizabeth Seekel, Elizabeth Tomten, Steven Bloom and Reappointment of Amanda Harrington, Louise Watson, and Marlene Kakaliouras to the Human Rights Commission Res. 96 -207: Purchase of Annexation Area Graphical Information Res. 96 -208: Appointing Jay Kimble and Terry Zoller to the Stillwater City/Township Board Res. 96 -209: Hiring Gil Jansen for Maintenance at the Territorial Prison Site Res. 96 -210: Amending the Assessment Policy Statement of the City of Stillwater Res. 96 -211: Posting West Side of Owens, Between Elm and Hickory, as No Park, 8 -8:30 a.m., Monday -Friday MINUTES OF THE FIRST MEETING OF THE STILLWATER CITY AND TOWN JOINT BOARD CREATED PURSUANT TO THE ORDERLY ANNEXATION AGREEMENT BETWEEN THE CITY AND TOWN EFFECTIVE AUGUST 16, 1996 A meeting of the Joint Board was called to Order by Chairman Pro Tem David Johnson pursuant to proper notice at 7:00 p.m. on August 29, 1996. Present for the City of Stillwater were: Councilman Terry Zoller t Community Development Director Steve Russell City Attorney David Magnuson Present for the Town of Stillwater were: Town Supervisor David Johnson Town Supervisor David Francis Also present was Mark Putman of Charles Cudd and Company, Paula and Robert Kroening, David Parker representing School District No. 834, and other members of the public. After members of the governing Board and staff were introduced, the first order of business was the election of Officers and since one (1) member of the Stillwater contingent to the Board was not present, the members deferred election of the permanent Officers until a full Board was present and elected David Johnson as the Chairman Pro Tem for the first meeting. ANNEXATION UPDATE The Board next considered the agenda items beginning with the report of David Magnuson on the status of the annexation. He reported that the Orderly Annexation Agreement had been filed with the Municipal Board on August 19, 1996, and that the Municipal Board had requested legal descriptions to supplement the maps that were attached to the Agreement. There was discussion with regard to the legal description of the Phase I Annexation Area and several revisions were ordered to the legal description. Zoller moved, seconded by Francis that the right -of -way of 62nd Street be included in Phase I as it extends through the Bergman Farm to County Road 15. The motion passed unanimously. WATSON PROPERTY Francis moved, seconded by Zoller to exclude the Watson property from Phase I. The motion passed unanimously. CHANGE OF LEGAL DESCRIPTION FROM NORTHERLY TO SOUTHERLY Zoller moved, seconded by Francis that the Northerly description of the golf course property in Phase I be changed from the Northerly right -of -way of the Minnesota Zephyr Tracks to the Southerly right -of -way. The motion passed unanimously. 1 GARBAGE CONTRACTS After discussion by the Board, Zolier moved, seconded by Francis to allow Town property owners within the Phase I area until January 1, 1997, to change from the Town's various garbage haulers to the City's contract hauler. The motion passed unanimously. The Board directed that the Town staff supply the City with a list of property owners within Phase I and Francis moved, seconded by Zolier that the City give notice to those effected people as soon as possible. The motion passed unanimously. DISCUSSION OF JOINT BOARD MEETING DATES AND PROCEDURES The Board discussed a draft of a flow chart ajid operating rules for the Joint Board and City Planner Russell was directed to work with the Town Planner prior to the next meeting to see if the suggested procedures by the Town would interface efficiently with the City's flow chart and time requirements for public hearings. A motion directing this action was passed unanimously. PUBLIC HEARINGS The Board next conducted public hearings that were noticed in the Agenda: CASE NO. ZAT /96 -2. A ZONING TEXT AMENDMENT TO CHAPTER 31, ZONING, OF THE STILLWATER CITY CODE ADDING A NEW VILLAGE COMMERCIAL, V -C CITY OF STILLWATER APPLICANT The Chairman noted that notice had been properly sent and opened a public hearing. Mark Putman from Charles Cudd and Company commented on the new zoning district as well as Paula and Robert Kroening. After discussion by the Board, the hearing was closed and a motion was made by Zoller, seconded by Francis with the following changes: That the text of the Zoning classification be changed to add to the lot area coverage section that now contains just the word "building" to "buildings and impervious surfaces That the open space requirement section be changed to read "landscaping and open space" and that the text be changed to include specific reference to the design criteria for the V -C District contained as Exhibit "E" to the Orderly Annexation Agreement. A resolution was introduced by Zoller, seconded by Francis that the text of the proposed Zoning amendment was consistent with the City Comprehensive Plan and the Orderly Annexation Agreement. The resolution passed unanimously. The Board next discussed Mark Putman's request that they use the influence of the Board to convince Washington County to adopt reasonable right -of -way and median standards for County Road 15 and that they allow access entrances to the Cudd Village Commercial District both from County Road 15 and County Road 12, each 600 feet from the intersection. The Board declined to take action and informed Putman that it was a Washington County decision and the Board had no authority with regard to his request. 2 11 CASE NO. ZAT /96 -3. A ZONING TEXT AMENDMENT TO CHAPTER 31, ZONING, OF THE STILLWATER CITY CODE ADDING A NEW AGRICULTURAL PRESERVATION DISTRICT, A -P. CITY OF STILLWATER APPLICANT The Chairman noted that notice had been duly sent and opened the public hearing. After discussion, Francis moved, seconded by Zoller to adopt a resolution certifying the Agricultural Preservation District language as being consistent with the City's Comprehensive Plan and the Orderly Annexation Agreement. The resolution passed unanimously. CASE NO. ZAM /96 -1. A ZONING MAP AMENDMENT TO CHAPTER 31, ZONING, OF THE STILLWATER'CCITY CODE TO DESIGNATE APPROXIMATELY 28 ACRES OF LAND LOCATED WEST OF CR 5 AND NORTH OF TH 36. CAMPUS RESEARCH AND DEVELOPMENT (CRD) DISTRICT CITY OF STILLWATER APPLICANT The Chairman noted that notice had duly sent and opened a public hearing. After closing the public hearing and discussion by the Board, Zoller moved, seconded by Francis to certify the proposed amendment as consistent with the City's Comprehensive Plan and the Orderly Annexation Agreement with the following modification: That the building height limitations be changed from 35 feet to 40 feet and the parking coverage limitations be changed from 30 and that subsection c under parking and loading regulations be changed to provide that parking and loading areas could be located as close as 20 feet from a public street right -of -way. And finally, that under "Uses Permitted by Special Use Permit the designation "Funeral Homes" be changed to "Funeral Homes and Funeral Related Services Francis moved, seconded by Zoller to adopt a resolution certifying the zoning text as amended effective to rezone this property upon its annexation to the City of Stillwater. The resolution passed unanimously. CASE NO. SUP /96 -53. A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF AN ELEMENTARY SCHOOL LOCATED 1/4 MILE EAST OF HIGHWAY 15 ON HIGHWAY 12. INDEPENDENT SCHOOL DISTRICT 834, DAN PARKER APPLICANT. The Chairman noted that notice had been duly sent and opened a public hearing. Dan Parker, Business Manager of the Stillwater School District, explained the 834 Elementary School proposal. Chairman Johnson commented that the recreational facilities proposed for the new school should maximize opportunities that could take place at the site and not be designed in such a way that trails would limit the flexibility for the fields. Parker duly noted the concern and assured the Board of their desire to maximize recreational opportunities at the school site. Zoller introduced a resolution certifying the special use permit as consistent with the Comprehensive Plan and the Orderly Annexation Agreement. The motion passed unanimously. 3 Public Hearings: Other items: MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director 1 DA: August 30, 1996 RE: RESULTS FROM JOINT TOWNSHIP /CITY BOARD MEETING 8 -29 -96 x The following actions were taken by the joint board 1. Annexation Area Status. a. Included all of 62nd Street in Phase I annexation area. b. Excluded Watson parcel from Phase 1 annexation area refer to Phase IV. c. Used south boundary of railroad property as north boundary of golf course Phase I annexation area. 2. City staff will work with township staff in developing a procedure for the operations and scheduling of the joint committee. Case ZAT /96 -2. Establishing a new village commercial district. Action: Certified amendment 3 -0. Case ZAT /96 -3. Establishing agricultural preservation district. Action: Certified amendment 3 -0. Case ZAT /96 -1. Establishing campus research and development district. Action: Certified amendment 3 -0. Case ZAM /96 -1. Designation lands west of CR 5 and North of TH 36 campus research and development. Action: Certified amendment 3 -0. Case CPA/96 -1. Comprehensive plan amendment adding orderly annexation to the comprehensive plan. Action: Certified amendment 3 -0. Case No. SUP/96 -53. Review of elementary school located south of TH12. Action: Recommended approval of the school. Rural taxing district. Action: Certified rural taxing ordinance. Special assessment resolution. Action: Certified special assessment policy. Park and Trailway Policy. Action: Approval of park and trailway policy. Frisbee golf bring back at next meeting for township input. Next meeting will be September 25, 1996 at 7 pm. TO: Mayor and Council FR: City Coordinator RE: Meeting with RTR on Historic Bridge issues DA: August 30, 1996 MEMORANDUM t Steve, Dave and myself met with Mat Hollinshead, Brent Banchy, and Don Empson to discuss issues related to the maintenance truck traffic, and future of the Historic Interstate Lift Bridge. The RTR members requested that the City work with MN/DOT to insure that adequate maintenance is being performed on the bridge and to have further weight restrictions placed on the bridge. They also asked the City to initiate a community based planning process for the preservation, rehabilitation and/or reuse of the bridge. Staff will be meeting with MN/DOT on the maintenance and truck traffic (weight) issues and will also be reporting back to Council at the meeting of September 17th regarding the other issues related to the bridge. ,A;tA, LIST OF BILLS EXHIBIT "A" TO RESOLUTION 96 -212 Amer. Planning Association Apollo Heating Vent. Arend, James Arrow Building Center AT T Wireless Beck, Jon Berkley Risk Services Burmaster, Russell Business Equipment Brokerage Chemsearch Construction Materials Courier Croix Oil Dachtera, Tim DARE America DebIon, Diane Desch, Mark Gloria Firstar Trust Glaser, Paul I. P. M. A. Junker Sanitation Kangaroo Self Storage Legislative Associates Lind, Gladys Magnuson, David MN Community Policing Institute MN Dept. of Trade Economic Dev. MA.C.A. Nelson Radio Communications O. E. I. Inc On -Site Sanitation Reliable SAHS Physics Club Raleigh, Rob R T Specialty Rose Floral SEH Stillwater Sunrise Rotary Thompson Publishing Group Thueson, Matt Viking Office Products Zepper, Alien Zoning News Subsc. Refund for Mech. Permit Building Inspections Timber and Nails Cellular Phones Student Web Project Deductible Janitorial Services Ink Oartridges Grease and Grease Gun Hot Pour Legal Publications Oil Student Web Project Misc. DARE Items Meal/Health Ins. Parking Lease/Maint. Paying Agent Fees Boiler Engineer Membership September Payment Storage Space Rental Retainer /Consultant Svcs. Land Purchase Legal Services Registrations Seminar Conf. Registration Repair CD Siren Computer Paper Portable Restrooms Misc. Office Supplies Web Page Storage Student Web Project DA.R.E. shirts Sympathy Tribute Subd. Code Update Quarterly Dues Handbook Student Web Project Supplies Conf./Meeting/Parking 50.00 35.50 275.00 1,270.54 260.74 60.00 500.00 220.00 139.11 325.11 1,223.05 70.87 547.86 90.00 190.80 361.48 742.30 5,249.65 200.00 100.00 93,205.13 176.00 4,695.00 927.00 7,958.33 176.00 695.00 70.65 290.99 239.97 3,744.70 547.02 90.00 48.00 181.44 37.95 3,579.90 113.00 227.00 507.00 299.47 94.75 MEMORANDUM TO: Mayor and City Council 1 FR: Steve Russell, Community Development Director DA: August 29, 1996 RE: REPORT OF DOWNTOWN PARKING COMMISSION MEETING OF 8 -21 -96 The attached record of meeting and final downtown parking survey results describe the actions by the commission and information on the downtown parking situation. The seven actions taken by the commission will be implemented by city staff. The results of the parking survey indicated a supply of 2,419 private, public parking lot and on- street parking spaces in the downtown. Based on land use, the required number of parking spaces is 4,235 spaces or a deficiency of 1,816 spaces. This information will be the subject of further downtown parking commission work regarding forming a downtown parking district. This report is presented for council information only. Record of Meeting August 21, 1996 Downtown Parking Commission Attendance: Connie Adams, Katie Holdorph, Dave Swanson, city staff, Steve Russell and Dennis Pasket. The following actions were taken as summarized below: 1. Mark two parking spaces on south side of Olive Street in front of Andiamo Banquet facility. 2. Install "No Bus Parking" sign at entrance to South Main parking lot. 3. Mark and sign south side of Myrtle Street east of Water Street loading zone with possible parking when loading zone is not designated. 4. Mark parking space along North Main Street from in front of Staples Mill to Laurel Street. 5. Mark "No Parking" along North Main Street in front of fire hydrants. 6. Change hours of loading for loading zone along Water Street for Main Street Antiques and Traditions (extend hours to 6 pm and designate space for Sunday loading use). 7. Officially number city public parking Tots and install sings indicating parking lot number. Lot Numbers location. 1 South Main 2 River Lot, Nelson to Chestnut 3 Lot north of Freight House (Reed Lot) 4 River Lot, Chestnut to Myrtle 5 River Lot, Myrtle to Mulberry 6 Maple Island 7 Water Street behind Maple Island (gravel) 8 Desch Building lot (leased) 9 North Main 10 Mulberry and Second Street (gravel) 11 North of Lowell Inn 12 Olive and Second 13 Riverview upper (A) and town (B) Dennis will coordinate signage and stripping of above changes with public works as necessary. Next DTPC meeting on Wednesday, September 18, 1996. City of Stillwater Downtown Parking Survey Update 8/29/96 As of August29, 1996, over 90% of the downtown businesses have been surveyed to obtain information regarding 1.) the number of off street parking spaces provided by each business and, 2.) the square footage of each business. This information was then used in conjunction with the City of Stillwater Zoning Ordinances to estimate the number of parking spaces required for each business. By subtracting the number of parking spaces a business requires by the number of parking spaces that business provides, the parking space deficiency or surplus for each business was identified. The number of parking spaces in public lots and public on- street parking spaces were tabulated as well. Following is a summary of the information obtained as it relates to each parking district. Some of these figures are projections based upon information already obtained from surveyed businesses. The final figures may vary slightly upon completion of the project. Parking District 1 contains 50 businesses that provide 164 parking spaces. There are 207 public -lot parking spaces and 77 public, on- street parking spaces, resulting in a total of 448 available parking spaces. An estimated 1015 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 567 spaces. Parking District 1 Number of Businesses 50 Private, Off street Parking Spaces 164 Public, Off street Parking Spaces (lots) 207 Public, On- street Parking Spaces 77 Total Available Parking Spaces 448 Parking Spaces Required 1015 Parking Space Deficiency /Surplus -567 Parking District 2 Number of Businesses 75 Private, Off street Parking Spaces 225 Public, Off street Parking Spaces (lots) 204 Public, On- street Parking Spaces 160 Total Available Parking Spaces 589 Parking Spaces Required 1111 Parking Space Deficiency /Surplus -522 Parking District 3 Number of Businesses 57 Private, Off street Parking Spaces 145 Public, Off- street Parking Spaces (lots) 0 Public, On- street Parking Spaces 59 Total Available Parking Spaces 204 Parking Spaces Required 703 Parking Space Deficiency /Surplus -499 Downtown Parking Survey Update Parking District 2 contains 75 businesses that provide 225 parking spaces. There are 204 public -lot parking spaces and 160 public, on- street parking spaces, resulting in a total of 589 available parking spaces. An estimated 1111 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 522 spaces. Parking District 3 contains 57 businesses that provide 145 parking spaces. There are 0 public -lot parking spaces and 59 public, on- street parking spaces, resulting in a total of 204 available parking spaces. An estimated 703 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 499 spaces. 1 City of Stillwater Downtown Parking Survey Update 8/29/96 Parking District 4 contains 1 business that provides 64 parking spaces. There are 58 public -lot parking spaces and 17 public, on- street parking spaces, resulting in a total of 139 available parking spaces. 163 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 24 spaces. Parking District 4 Number of Businesses 1 Private, Off- street Parking Spaces 64 Public, Off street Parking Spaces (lots) 58 Public, On- street Parking Spaces 17 Total Available Parking Spaces 139 Parking Spaces Required 163 Parking Space Deficiency /Surplus -24 f Parking District 5 contains 20 businesses that provide 48 parking spaces. There are 76 public -lot parking spaces and 21 public, on- street parking spaces, resulting in a total of 145 available parking spaces. 282 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 137 spaces. Parking District 5 Number of Businesses 20 Private, Off street Parking Spaces 48 Public, Off street Parking Spaces (lots) 76 Public, On- street Parking Spaces 21 Total Available Parking Spaces 145 Parking Spaces Required 282 Parking Space Deficiency /Surplus -137 Parking District 6 contains 0 businesses that provide 0 parking spaces. There are 0 public -lot parking spaces and 0 public, on- street parking spaces, resulting in a total of 0 available parking spaces. An estimated 0 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking surplus of 0 spaces. Parking District 6 Number of Businesses 0 Private, Off street Parking Spaces 0 Public, Off street Parking Spaces (lots) 0 Public, On- street Parking Spaces 0 Total Available Parking Spaces 0 Parking Spaces Required 0 Parking Space Deficiency /Surplus 0 Parking District 7 contains 53 businesses that provide 135 parking spaces. There are 45 public -lot parking spaces and 112 public, on- street parking spaces, resulting in a total of 292 available parking spaces. An estimated 691 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 399 spaces. Parking District 7 Number of Businesses 53 Private, Off-street Parking Spaces 135 Public, Off street Parking Spaces (lots) 45 Public, On- street Parking Spaces 112 Total Available Parking Spaces 292 Parking Spaces Required 691 City of Stillwater Downtown Parking Survey Update 8/29/96 Parking Space Deficiency /Surplus -399 Parking District 8 contains 14 businesses that provide 355 parking spaces. There are 187 public -lot parking spaces and 60 public, on- street parking spaces, resulting in a total of 602 available parking spaces. 270 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking surplus of 332 spaces. Parking District 8 Number of Businesses 14 Private, Off street Parking Spaces 355 Public, Off street Parking Spaces (lots) 187 Public, On- street Parking Spaces 60 Total Available Parking Spaces 602 Parking Spaces Required 270 Parking Space Deficiency /Surplus +332 The total downtown commercial survey area contains 270 businesses that provide 1136 parking spaces. There are 777 public -lot parking spaces and 506 public, on- street parking spaces, resulting in a total of 2419 available parking spaces. An estimated 4235 parking spaces are needed to satisfy the city's zoning ordinances. The result is a total parking deficiency of 1816 spaces. Downtown Total Number of Businesses 270 Private, Off street Parking Spaces 1136 Public, Off street Parking Spaces (lots) 777 Public, On- street Parking Spaces 506 Total Available Parking Spaces 2419 Parking Spaces Required 4235 Parking Space Deficiency /Surplus -1816 Please refer to the City of Stillwater Downtown Parking Survey Map for a graphic representation of this information. Sources: alY of 411° 41W1111. Community Development Department 1 1 N August 29, 1996 A 150 0 150 300 450 600 ai i i Feet City of Downtown Parking Survey Le end: Parking Commission District N Parking District Boundary O Public Parking Lots Leased Public Parking Lots 80 Parking Spaces/Lot iii 500 599\ 400 499 Additional iii 300 399 Parking 200 299 Spaces 100 -199 Needed ri0 -99 I I Parking Space Surplus Parking Survey Results 1 1 o, I co O g3 m ate. c m a a a a a3 U o d J i6 C 0 0 0 65 Q rg C a z a o. a ..1 1— CC a 1 50 164 207 77 1 448 1015, -567 2 75 225 1204 1601 589 11111 -522 3 57 145 1 0 59 1 204 1 703 -499 4 1 64 1 58 1 17 1 139 1 163 -24 5 20 48 176121 1 1451282 -137 6 0 0 1 0 1 0 1 0 1 0 1 0 7 53 1 3 5 1 4 5 1 1 1 2 1 2 9 2 1 Q 9 1 1 3 9 9 8 14 1 355 1871 60J 602 1 270 1 3 Total 270111361777150612419142351 -1816 1200 ,000 0 3 603 400 a 0 Available vs. Required Parking Avaiable Parking ...,.r.,. Required Parking NMI SE PEE 1 IN 1 1 BE I 2 a 3 4 5 6 7 Parking District 023WBM. tray Design by Jury 11 91- Ranaiy.• .014 1998 -(pn) 612151-1316 No. 96-43 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, Dakota Fence of Minnesota Inc. has paid the sum of Forty and 00 /100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Dakota Fence of Minnesota Inc., 3480 Upper 149th Street West St, P.O. Box 18, Rosemount, MN 55068 is hereby licensed and authorized to Fencing for the period of one year startgsg August 24, 1996 and ending August 24, 1997 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 4th day of September A.D. 1996. Attest: Mayor: No. 96 -45 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington Attest: Mayor: $40.00 WHEREAS, Arbuckle Construction Inc has paid the sum of Forty and 00 /100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Arbuckle Construction Inc., 7808 99th Street, Bloomington MN 55438 is hereby licensed and authorized to General Contractor for the period of one year starting August 28, 1996 and ending August 28, 1997 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 3rd day of September A.D. 1996. No. 96 -44 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, M.C. Magney Construction Inc. has paid the sum of Forty and 00 /IOOs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said MC. Magney Construction Inc., 18889 Eastwood Drive, Excelsior, UV 55331 is hereby licensed and authorized to General Contractor for the period of one year starting August 27, 1996 and ending August 27, 1997 subject to all the conditions and provisions of said Ordinances. 1996. Given under my hand and the corporate seal of the City of Stillwater this 4th day of September A.D. Attest: Mayor: 1 DONALD L. BEBERG CHIEF OF POLICE THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT E M O R A N D L7 M TO: MAYOR KIMBLE AND CITY COUNCIL FROM: D.L. BEBERG CHIEF OF POLICE DATE: AUGUST 30, 1996 RE: COUNCIL AGENDA ITEMS FOR SEPTEMBER 3, 1996 212 North Fourth Street, Stillwater, Minnesota 55082 Business Phone: (612) 439 -1314 439 -1336 FAX: 439 -0456 Police Response Assistance: 911 TIMOTHY J. BELL CAPTAIN CONSENT AGENDA: I AM REQUESTING PERMISSION TO PURCHASE AN UNMARKED SQUAD CAR DUE TO THE NEW INVESTIGATIVE POSITION STARTING SEPTEMBER 16TH. I DID NOT ASK FOR IT AT THE TIME I REQUESTED THE CAR FOR OUR JUVENILE OFFICER AS I DID NOT HAVE THE NECESSARY MONEY PUT TOGETHER FOR THE EXPENDITURE. I HAVE SINCE, TALKED TO NILE AND DIANE ABOUT THE FUNDS AVAILABLE TO THIS DEPARTMENT FOR THIS ADDITIONAL CAR AND HAVE RECEIVED THEIR OK TO ASK THE COUNCIL FOR THE VEHICLE. WE HAVE ABOUT $5,000.00 LEFT IN CAPITOL OUTLAY AND $9,400.00 FROM THE SALE OF 2 USED POLICE VEHICLES THAT IS UNCOMMITTED MONEY WHICH DIANE HAS AGREED IS OK TO SPEND ON A CAR. WE ALSO HAVE TWO ADDITIONAL USED POLICE VEHICLES THAT WILL BE SOLD THIS FALL WHICH WILL BRING IN A MINIMUM OF $4,500.00 FOR THE TWO OF THEM, GIVING US A TOTAL OF $18,900.00. THIS ADDITIONAL $4,500.00 IS ALSO UNCOMMITTED MONEY ACCORDING TO DIANE. THERE AREN'T ANY MORE 1996 GENERAL MOTORS MID SIZE CARS AVAILABLE ON THE STATE CONTRACT (WE GOT THE LAST ONE) AND THE 1997 STATE CONTRACT FOR THEM WON'T BE DECIDED UNTIL JANUARY OR FEBRUARY 1997 SO I CANNOT GET ANOTHER CHEVROLET LUMINA AT THIS TIME. STILLWATER MOTORS HAS AGREED TO SELL THE CITY A 1996 BUICK CENTURY (EQUIVALENT TO THE CHEVROLET LUMINA), 4 CYLINDER, 4 DOOR SEDAN FOR $15,120.00. THE SIX YEAR EXTENDED WARRANTY IS $635.00 AND THE SALES TAX AND REGISTRATION IS $1,003.00. WE WILL ALSO NEED AN ADDITIONAL $900.00 FOR AN INEXPENSIVE POLICE RADIO. THIS PRICE INCLUDES THE RADIO, ANTENNA, INSTALL AND SALES TAX. THE TOTAL MONEY NEEDED SHOULD BE $17,658.00. FOR YOUR INFORMATION: WE RECEIVED WORD THIS WEEK THAT WE WILL BE GETTING STATE FUNDS AGAIN IN 1997 FOR THE "SAFE AND SOBER" ENFORCEMENT PROJECT ALONG WITH THE FOREST LAKE AND OAK PARK HEIGHTS POLICE DEPARTMENTS AND THE WASHINGTON COUNTY S.O.. THE "PINE STREET" BLOCK PARTY REQUEST FROM RICHARD HILL TO MAYOR KIMBLE LOOKS OK BUT THE EFFECTED SIDE STREETS SHOULD BE BLOCKED OFF. 0 IN THE PAST WE HAVE MADE THE REQUESTING PARTY TAKE CARE OF THIS. 96 -41 Park Board Revigw MEMORANDUM •O: Mayor and City Council FR: Steve Russell, Community Development Director DA: August 30, 1996 RE: RECOMMENDATION OF PRELIMINARY PLAT FOR INTERLACHEN HILLS THIRD ADDITION Backaround A request for reconsideration of the preliminary plat was received by the council at their meeting of August 20, 1996. The request included several reasons why it would be economically prudent for the council to reconsider the request. After review of the letter, the council directed a public hearing for the item be set for this September 3, 1996 meeting with renotification as required by law. At their meeting of August 26, 1996, the park board reviewed the altemative plans as they relate to park dedication. The developer was in attendance along with Mrs. Cowen and Mrs. Green, property owners who live adjacent to the park. The two alternative dedication requirements, on -site dedication vs. in -lieu fee dedication were presented. The park board felt that the required on -site land dedication would be of minimal value to the city for park purposes. In addition, they felt the drainage problem with existing neighborhood park needs city attention and would not be dealt with by requiring on -site park dedication. In conclusion, the park *b oard recommended in lieu fee dedication. They also felt the fee should be used to upgrade the park through drainage improvements or additional land purchases (Cowen or Smith properties) as long as the additional land contributes to the park. The board highly recommended that a study of the drainage situation of the park be immediately prepared by the city so that when project development occurs, soil from the development site can be used as necessary to cure the park drainage problem. The developer said he has excess fill and would like to work with the city engineer and parks department regarding the park drainage problem if a plan is prepared by the city indicating what is needed. Previous Council Action The proposed and planning commission recommended 30 -lot subdivision (1 -A) of the site was heard by the city council at its meeting of July 2 and July 16, 1996. At the July 16 meeting, alternative 1 -B was approved by the council. The minutes from the council meeting and staff reports are attached to this memo along with the developers letter for reconsideration. Key additional information for council consideration is the "official" parks board recommendation regarding parks dedication and the city cost information regarding road construction if on -site dedication is required. Recommendation, Reconsideration of preliminary plat request and decision. Attachments: Letter of August 12 from Trail Head Development, Council /staff reports from July 2 and 16 eininutes. breathing apparatus 5. Approving amended AFSCME salary and longevity schedules (A -1, A -2 and B) for Asst. Finance Director 6. Contractors Licenses: Old is Gold Construction (new), Excavator; Orlinson Construction (renewal); Commercial Utilities (renewal) Excavator. 7. Replacement of emergency lights in squad car PUBLIC HEARINGS, P t 1. Case No. SUB /96 -31. This is the day and time for the public hearing to consider the request for preliminary plat approval for a 31 lot subdivion on 15.22 acres located south of Bayberry Avenue Court in the RA- Single Family Residential District. Trail Head Development Corp., applicant. Notice of the hearing was placed in the Stillwater Gazette on June 21, 1996 and notices mailed to affected property owners. Community Development Director Russell reviewed request. He reported wetland impact and circulation were the main issues of concern addressed at the Planning Commission meeting. He stated the preliminary plat was consistent with requirements for the R -A Single Family Residential District. Mayor opened public hearing. Signe Cowen, 202 Crestwood Terrace. She stated the neighborhood had held several meetings and would be making an organized presentation. Lynette Newman, 203 Crestwood Terrace, presented video of the area the neighborhood felt would be impacted by the proposed subdivision. Sheila Maybanks, 201 Bayberry Court, requested the Council adhere to the "spirit" of the Comprehensive Plan to maintain the natural setting, preserve natural resources, and support neighborhood groups. Cindy Green, 204 Crestwood Terrace, reported she had contacted Corey Mohan, Stillwater Area Open Space Committee, and he stated this area should have been included in the open space inventory. She requested this property be inventoried and included in the study. Tim Cowen, 202 Crestwood Terrace, expressed concerns with runoff and significant waterflow problems in Meadowlark Park. Patricia Gill, 302 Darrell Court, expressed concern that flooding could occur if the area was developed, stating other areas surrounding ponds had flooded when areas were developed. Lynette Newman, 203 Crestwood Terrace, stated her biggest concern was the culvert through 4 Deer Path; water rushed down the hill, not through the culvert. David Green, 204 Crestwood Terrace, presented a petition requesting an Environmental Assessment Worksheet on the proposed subdivision be prepared. He expressed concern that the subdivision did not meet the requirements of the Wetlands Conservation Act. Mary Piontek, 197 Maryknoll, felt the plat was not congruent with neighboring properties. She requested covenants and aesthetic uniformity of the area. Steve Sweetland, 214 Maryknoll Drive, expressed, concerns that traffic and accidents would increase, especially on Maryknoll Drive. Mr. SCeetland suggested that access to Co. Rd. 5 be provided through Crestwood Terrace. Deanna Storbakken, 301 Maryknoll Drive, asked Council to deal with visibility problems that could be created on roadways. Amy Storbakken recommended the City purchase the property for recreational use. Bob Barratt, 2241 Bayberry Avenue, expressed support for the neighborhood group's work on wetlands and traffic issues. (Recess at 8:30 p.m. Reconvene at 8:50 p.m.) Representatives of Trail Head Development explained the engineering of the plan. Jim Peterson, also representing the developer, addressed the drainage concerns. Mayor closed public hearing at 9:35 p.m. Mr. Magnuson reviewed the legal issues. Council directed staff to work with developer and come back with modified preliminary plat for July 16 meeting. Motion by Councilmember Cummings, seconded by Councilmember Thole to continue to July 16 meeting and directed staff to work with developer and come back with modified preliminary plat for July 16 meeting. 2. Case No. SV/96 -30. This is the day and time for the public hearing to consider a street vacation for all that portion of Interlachen Drive between Crestwood Terrace and proposed Interlachen Way. Trail Head Development Corp., applicant. Notice of the hearing was placed in the Stillwater Gazette on June 21, 1996 and notices mailed to affected property owners. 5 v> (Recess at 10 p.m. Reconvene at 10:20 p.m.) Motion by Councilmember Cummings, seconded by Councilmember Bealka to continue the Public Hearing to consider a street vacation for all that portion of Interlachen Drive between Crestwood Terrace and proposed Interlachen Way to the July 16 meeting. All in favor. UNFINISHED BUSINESS, Territorial Prison site Mayor Kimble reported Greg Johnson of Mapleland agreed to cooperate with the extension of the purchase agreement to July 16. Magnuson reported the appraisal of the property would be completed by July 3. Allen Stevens, Eagle Mortgage Woodbury, stated commitments had been made by a Florida lender for construction and permanent financing. Speaking in support of the project were: Jim Kellison, Director of Stillwater Area Chamber of Commerce and Dave Paradeau, Minnesota Zephyr. Mr. Brent Peterson read a letter from author Marley Brandt encouraging preservation of historical structures. Mark Balay read a letter of support from Gerrard Realty. Council directed staff to work with developer and Maple Island and retum at July 16 meeting. Motion by Councilmember Cummings, seconded by Councilmember Zoller to continue discussion of Territorial Prison site to July 16 meeting. All in favor. (Council recess at 11:20 p.m. and reconvened at 11:30 p.m.) (Not on agenda) 1. Update on Levee Wall project. Ed Cain, Legislative Associates, presented update on levee construction and legislative developments. He reported the project was now included in both the House and Senate' authorization bills. 2. Orderlv Annexation Agreement. Magnuson reported the Stillwater Township Board had approved the agreement, subject to an effective date of August 15 or later; and the addition of the last sentence to Section 8.03 relating to minor subdivisions. Gary Ansel, attorney representing the Palmer Trust, urged financial updates and requested a 6 J information packet. City staff presented financial and legal information regarding the renovation project. Motion by Councilmember Cummings, seconded by Councilmember Zoller authorizing the City to purchase the territorial prison site for future development of hotel and directing staff to prepare purchase agreement. Ayes Councilmembers Zoller, Cummings and Mayor Kimble Nays Councilmembers Bealka and Thole (Recess at 8:25 p.m. Reconvene at 8:45 p.m.) 2. Presentation for approval of Pioneer Park Masted Plan Amy Stefan, Stefan/Larson Associates, presented the fmal master plan for Council approval. Motion by Councilmember Cummings, seconded by Councilmember Thole accepting the Pioneer Park Master Plan. All in favor. 3. Final approval of resubdivision of 117.771 so foot lot into two lots of 50,000 so foot and 67.711 so. foot lots in the Business Park Industrial District, BP -I, Stillwater Dental. Associates. applicant. Case SUB/96 -29. (Continued from July 21 Community Development Director Russell reviewed the subdivision request. He recommended approval be contingent upon three conditions: 1) cross easements, covenants, conditions and restrictions and conservation easements are in a form acceptable to the City Attorney; 2) the assessments on the property shall be paid in full before recording of the lot split; and 3) drainage and utility easements for the property will be recorded before building permits are issued for site development. Motion by Councilmember Thole, seconded by Councilmember Bealka approving resubdivision of 1 17,711 square foot lot into two lots of 50,000 sq. ft. and 67,711 sq. ft., located at 1375 Curve Crest Blvd., subject to conditions. (Case No. SUB /96 -29) (Resolution 96 -178) Ayes Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays None 4. Request for reconsideration of driveway license revocation Mr. Magnuson reported request from Jeanne Anderson, Jeanne M. Anderson Associates, LTD, requesting this issue be tabled to next meeting. Motion by Councilmember Cummings, seconded by Councilmember Thole to continue consideration of request for revocation of driveway license to August 6, 1996, meeting. All in favor. 5. Reauest for -preliminary plat annroval for 31 lot subdivision on 15.22 acres. located south of 31_ayberry Ave. Court in the RA -Sin lgamily Residential District. Trail Head Development.applicant. Case No. SI.1D /96- 31jContinued from Julv22 Russell reported the city's and developer's engineers and planners had met and reviewed three alternative plans 1B, 2, and 3, in addition to the originally proposed 1A. City Attorney Magnuson stated an Environmental Assessment Worksheet (EAW) was not required for this size project. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt the appropriate Resolution determining not to proceed with Environmental Assessment Worksheet and directing City Attorney to prepare findings of fact-consistent with Council decision. (Resolution 96 -179) Ayes Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays None Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt the appropriate Resolution approving preliminary plat, Option 1B, for 31 lot subdivision on 15.22 acres, located south of Bayberry Ave. Court in the RA- Single Family Residential District. Trail Head Development, applicant. Case No. SUB /96 -31. (Resolution 96 -180) Ayes Councilmembers Bealka, Cummings and Thole Nays Councilmember Zoller and Mayor Kimble Motion by Councilmember Thole, seconded by Councilmember Cummings direct staff to work with developer to prepare development agreement. All in favor. 6. Reauest for street vacation for all that portion of Interlachen Drive between Crestwood Terrace and ;imposed Interlachen Way. Trail Head Development Cora.. applicant. Case $V/96 -30 (Continued from July 2) Mayor reopened the public hearing (continued from July 2) Speaking in opposition to the street vacation were the following: Lynette Newman, 203 Crestwood Terrace; Larry Forsberg, 204 Maryknoll; Deanna Storbakken, 301 Maryknoll Drive; Gary Storbakken, 301 Maryknoll Drive; Rick Sewall, 210 Maryknoll. Motion by Councilmember Cummings, seconded by Councilmember Zoller to deny application for street vacation for portion of Interlachen Way (Case SV/96 -30). All in favor. Motion by Councilmember Zoller, seconded by Councilmember Cummings directing City Engineer to do traffic counts on Maryknoll, Deer Path, Brick, Oakridge, and Crestwood Terrace. 3 -2 (Thole and Bealka nays) 7. Reauest for Lily Lake feasibility study City Engineer Eckles presented update on the Lily Lake water quality and meetings with 6 Dear Property Owner: Enclosure i1twate r. THE BIRTHPLACE OF MINNESOTA AUGUST 22,1996 RE: INTERLACHEN HILLS THIRD ADDITION At their meeting of August 20th the City Council received additional information regarding the cost to the City, the amount and quality of land dedicated for parks and wetland impacts of the preliminary subdivision approved at their meeting of July 16, 1996. Based on that information, the City Council scheduled a Public Hearing to reconsider the project for their Regular Meeting of September 3, 1996 and directed that the additional information be distributed to residents receiving notification of the meeting. The preliminary plat subdivision application before the city is for 27 or 30 residential lots in 15.22 acres of land. The site is zoned RA, Single Family residential and located east of Interlachen Drive and south of Interlachen Way. The meeting is set for September 3, 1996 after 7:00 in the Margaret Rivers Room, Stillwater Public Library, 223 N. 4th Street. Case SUB /96- 31. If you have any questions regarding the recommendation contact Steve Russell, Community Development Director at 439 -6121 or attend the Council Meeting. Steve Russell Community Development Director CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439-6121 August 12, 1996 Mayor and City Council City of Stillwater 216 North Fourth Stillwater, MN 55082 T R A I L H E A D Honorable Mayor and Council, I am writing to formally request your reconsideration "of the approval for Interlachen 3rd Addition in Stillwater. I believe the original plan (1 -A) submitted would provide a better development for the City, the neighborhood, and for Trail Head Development. Plan 1 -A (the-original) and Plan 1 -B (as approved) contain the same road layout. The difference between the two plans is that Plan 1 -B called for park land to be dedicated in lieu of a cash_ park dedication fee. I estimate the cash park dedication fee to be $40,920.00. The original plan was reccommended by City Staff in their report of July 12, 1996. The plan was also unanimously approved by Planning Commission at their June meeting. Economically, I think Plan 1 -A would be more advantageous to the City. Under the current approval the City would recieve .7 acre park overlooking a wetland in lieu of the park dedication fee. A majority of Interlachen Drive would not benefit our lots. We would therefore like to petition the City for a public improvement project. The City has 504 feet of frontage on Interlachen Way and Interlachen Drive adjacent to-t41-4--park. While not all of this would be assessable because it is a corner lot, I believe the City's share could exceed $40,000.00. Assessments could also be levied against Mr. and Mrs. Cowen, who have 142 feet of frontage. I believe this would be inconsistent with their wishes for their property. Is the value of the park recieved worth the potential street expenditure and possible impact on bonding capacity of the City. I also would question the quality of the park recieved. The park would have road on two sides and the grades from the road to the wetland would provide little room for passive amenities. There are numerous wetlands in the area, including Deerpath Pond, which could provide greater opportuntity for passive enjoyment. Perhaps an easement for viewing purposes could provide equal benefit without the cost. Trail Head Development Corporation 514 Nicollet Mail Suite 570 Minneapolis Minnesota 55402 612 341 0840 Fax 332 4728 The wetland in Plan 1 -B would be over 7,000 square feet smaller than the wetland in 1 -A due to mitigation. Whether less disturbance of the original wetland or the creation of a larger wetland under an approved plan is more desirable is a difficult question for me to answer. My engineers have indicated to me that the wetland in 1 -A is more desirable from the perspectiive of grades. In listening to the comments of neiors it is my impression that the park concept was most desirable £f it was contiguous with Meadowlark Park. Whether this was to increase the park area or keep Interlachen Drive from being constructed I am not sure. Many did express concern over the drainage situation in Meadowlark Park. Plan 1 -B does not offer any resources to help alleviate this situation. I would like to ask for your reconsideration to proceed with Plan 1 -A as a private project. I think the park dedication fee may be put to better use to improve Meadowlark Park and /or acquire adjacent park land. I would appreciate the opportunity to work with the park board and the city to see if we could improve the drainage in the area and the utility of the park. I think we could provide more benefit to the City with less financial impact under this scenario. Thank you for considering this request. Respectfully, rPe Jim Peterson Trail Head Development Corporation cc Steve Russell Clayton Eckies Dave Magnuson U W T1R51 G RAPHIC SCALE' 1 1 a U .1 f 39 r 938 4 �1 TrM f r.�. rNT TNW. i.-ra• •atiz I w i.l i�. Nla lT l PWr mi T.L tiUl W TW I rA r 1.4...Mw Y1•Nir LVA.MM410 COM, Plate 1- A N O R M n, i INTER Al CH LEGEND t K0.V.0. DATUM DENOTES SILT FENCE ?DM DENOTES RIP RAP V DENOTES WEIR STRUCTURE DENOTES WETEAND DENOTES TREEUNE DENOTES EXISTING CONTOURS DENOTES CONTOURS DENOTES TREES DENOTES PROPOSED STORM SEWER C-=0. DENOTES DRAINAGE DRECTI0N II DENOTES FLARED ENOS .C' \r HILL S: R® SI- GRADING NOTES CONSTRUCT ROOT CONSTRUCTION ENTRANCE OII NTEREACNEH WAY INSTALL AND MAINTAIN EROSION CONTROL MEASURES BEFORE GRADING ACTIVITY BEGINS SEED AND MULCH GRADED AREA MTTPN TWO WENS OF COMPLETION AND NO LATER MAN 7O /IS/ll% SEED ANO MIACN NATURE AND RATE OF APPLICATION SNAIL DE DEC10ED CLOSER TO TIE 'WE OF APPLICATION K F L 1 ..n mnm T.T T.t N.W N E 1:144 .I9 LLIVU.a. ��r �t�i 7rR.rt a LEO: AXfllr we Dos h.& 70A TD EST]✓! ITION ENERGY DIS0PA'I I POND' AND W TIg DGAt -•A MINIMUM BASEMENT ELEV. WNW GARAGE REVISIONS BY IRYIEN; VZ *TQL AV.PI'N"+ aTN 0E /05 /ITS. WRIRX SCALE TOM 0011 2 N or 3 :Km/ l NfW Nw NWML `14 R M7UCI ISMIp >i .M Yt Ula l A W F M b 1 1.1t�� P L AWNS IYM•� I IN 1. bICR� '1W livlt�M M ILL ODt111t .1 >II 6 NRTWR11D11M f11f30A4RM1N1 n Plan I ->3 vat sal tlff APT f111 .EDT ..Fr 3 `1 1 M 1 H1 \\r 1 1 I'I \I 11 1 1 INTERLACHEN HILLS 3RD ADDITION LEGEND GRADING NOTES N.O.V.O. DATUM OENOlt3 SILT FENCE HP DENOTES RP-RAP V DENOTES KIR STRUCTURE DENOTES %muAND DENOTES %REEUNE DENOTES ENISTINO CONTOURS DENOTES PROPOSED CONTOURS DENOTES TREES ..:T 0ENOIE6 SiaRY SEi3A EN DOTES ORA NAGS OMECHON DENOTES FLARED ENDS CONSTRUCT ROOK CONSTRUCTION MINN* ON INIERAORN WAY INSTALL AND MANTAIN EROSION CONTROL MEASURES BEFORE GRADING ACTIVITY IONS SEED AND UU1.01 ORA000 AMA WHIN TWO TONS OF COMPLETION AND NO LATER MAN 10/10/1100 SEED AND MULCH MIXTURE AND RATE G` AN'UCATION SHALL SE DECIDED CLOSER TO NE 114E OF APPUCAIION iii ni wi R l�f n i 42 1rars o AMT Al AT Oren- M1SlSj![�1L L113& WNW r W� rte MIT ELEV. MfOpT 923 GARAGE ENERGY w A AND I 3030 1 3030. T L 1 30 III �1 1`1 'IL 1\) l-L: r:: l/ N.-,---\ 1 ti 2 of 3 win/ f 1 w tAta, )ka doxv- MEMORANDUM 1 tottp-t•- 1 mcitt.vt. TO: Mayor and City Council i i, FR: Steve Russell, Community Development Director DA: July 12, 1996 RE: CONTINUATION FOR DECISION OF 32,LOT (31 ACTUAL) SUBDIVISION, INTERLACHEN HILLS 3RD ADDITION; TRAIL HEAD DEVELOPMENT CORPORATION, JIM PETERSON APPLICANT Background This item was extensively heard by the Planning Commission at its meetings of May 13 and June 6 and the City Council July 2. The Planning Commission recommended the subdivision with a reduction of 1 lot from 32 to 31 and with changes to Interlachen Drive design (to better fit in with the neighborhood). A related request for vacation of Interlachen Drive between Crestwood Terrace and the end of Interlachen Drive accounts for the development of one of the remaining 31 lots. If the vacation of Interlachen Drive is not approved, the proposed subdivision is 30 lots (lot 8 would not be developed) see item SV 96 -30 for staff review of street vacation and conditions of vacation). Council Meeting of July 2, 1996 At the July 2nd Council meeting the Council heard the project presented and received comments and petitions from the neighborhood. Concems expressed were regarding wetland impact, drainage, park purchase, in lieu fee or dedication and traffic. A neighborhood representative presented an alternative plan that they felt better addressed their concerns. A petition for an EAW was also presented at the meeting and since then received from the Environmental Quality Board (the information presented by the neighborhood is not included in this report but was passed out to all Council members at the July 2nd meeting and is available in the file). Since the July 2nd meeting the city planner and city engineer has met with the land developer and his engineer to further examine the alternative subdivision patterns and to look at the impacts of the various alternatives. Three alternatives were reviewed. Alternatives 1 -b, 2 and 3. Each alternative is marked on an enclosed map and the positive and negative effects of the subdivision ,-1/) p 1 --e_ pattern described from an engineering, road maintenance, parks land planning mod. public safety�raffic impact point of view. Alternative 1 -b. Alternative 1- b is the alternative previously considered by the council at the July 2nd meeting with a land dedication for parks. Lots 17 and 18 have been set aside for park. Because of city dedication requirements, lot 16 would most likely have to be provided for park dedication to account for the .69 acre park requirement. Besides on -site park dedication, Alternative 1 -b is the same as the original Alternative 1 -a. Traffic would be split between Maryknoll and CR 12. No vehicle access would be provided to Crestwood Terrace. The street vacation could or could not occur although without the vacation one less lot, 27, lots would,esult. This subdivision pattern calls into question who would pay the costs of constructing 350 feet of Interlachen Drive (from the corner of Interlachen Way to the west edge of the park). Tyler Smith parcels and the Cowen parcel would benefit from the construction (road and utilities and would normally have to pay a share of the costs at est. $100 per linear foot). The City of Stillwater would be the owner of the north 350 feet of the north side of the street where the dedicated "park" would be located. This park area would not be adequate space or a good location, next to an intersection for children play equipment (normal neighborhood park activity) but rather used as an open space rest spot for viewing the wetland. Other wetlands in the area are Deerpath Pond and McKusick Lake. Wetland impacts would be reduced because lots 17 and 18 would be used for park purposes and not developed. This alternative preserves open space corridor of the site around the existing wetlands along the western boarder of the site screening the site from Croixwood would be preserved. In summary, Alternative 1 -b would result in 3 or 4 fewer lots and road construction cost to the adjacent property owners and city. Alterative 2. Alternative 2 connects Interlachen Drive to Pineridge Lane as the through street. Traffic would be distributed to Maryknoll and County Road 12 as with Alternative 1 -a and 1 -b. Their would be less likelihood for though traffic because of the additional tuming movement to get through the area. In this altemative, the wetland and adjacent area to the south is set aside for park. This pattern result in 26 lots. The vacation of Interlachen Drive would not be required and lots along the south side of the right of way and the City would be responsible for extending Interlachen Drive if needed at some point in the future. This subdivision pattern results in the most destruction to the site with the extension of Pineridge Lane the entire western side of the site is graded and most of the existing vegetation removed. The drainage pond on lots 18, 17, 11 and 10 is located in a site high point requiring retaining walls of as tall as 10 foot. The park area in Alternative 2 is relative isolated and best suited for a natural open space use (passive recreation). In this alternative wetland mitigation will be located next to Deerpath Pond a DNR type wetland. The subdivision pattern fights the site topography and vegetation cover. The entire western portion of the site will be graded and recontoured and the number of lots reduced by 5 from 31 to 26. Alternative 3. Altemative 3 subdivision pattern included no thorough street access. Three cul de sacs are located at the end of each street. This results in more traffic on the existing streets and no connection or through access for public safety. The cul de sac length are at the City maximum. The City costs for plowing cul de sac street are much higher because of required hauling and special plowing. The park area set aside would be most appropriate for a natural open space area. It is relatively isolated and would have a passive open space use. A portion of the costs of road improvements may be a city costs. Access to lots south of the development site would have to be provided at a later date by the south property land owners. This alternative does preserve the' natural corridor thorough the development as does Alternative 1 -a and 1 -b. The western boundary of the site separating the development from Croixwood is largely preserved with this pattern of development. Twenty-six lots result from this development pattern. In summary, this alternative would restrict traffic movement and reduce public safety, increase city road maintenance costs resulting in a natural open space park area and possible incur city costs for road improvements. Original Proposal 1 -a. The original proposal maintains an open space corridor through the project working with existing vegetation and topographic conditions. Access to the open space drainage /wetland area is provided from Interlachen Way. Besides the development open space, the developer would pay $46,000 in park dedication fees. The money could be used to purchase additional land to provide access to the park (Cowen property) or improve park drainage. The complete road system would be paid by the developer with the exception of Tyler Smith property. The drainage plan and draft wetland mitigation plan meet the State Wetlands Conservation Act requirements. The original development can proceed with or without the vacation of Interlachen Drive. The original development plan results in 30 or 31 lots compared to the 26 or 27 lots from alternatives 1 -b, 2 and 3. Recommendation: Decision on request, staff and planning commission recommend Alternative 1 -a. Attachments Findings: 1. The project will result in no potential significant environmental impacts based on the project design, conditions of approval and draft Wetland Mitigation Plan (resolution). 2. The project is consistent with city subdivision requirements. 3. The project is consistent with city zoning requirements. Li) 4. The project is consistent with the city's comprehensive plan. Conditions of Approval: 1. Driveway access shall be provided to Tots on the south side of Interlachen Drive. de•' a on f= -s shat -frl A 25 foot natural buffer shall be located around all wetlands with a deed restriction recorded on all effected lots to keep the buffer area in a natural condition. A wetland mitigation plan shall be prepared and approved by the city engineer before the final plat is approved. 7 A grading /drainage /erosion control plan shall be approved before final plat approval. 7 The Pine tree buffer on the west boarder of the site shall be protected during 5 grading and site development. RESOLUTION NO. 96- APPROVAL OF PRELIMINARY PLAT FOR SUBDIVISION CASE NO. SUB /96 -31 NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the preliminary plat for a 31 lot subdivision on 15.22 acres, located south of Bayberry Ave. Court in the RA- Single Family Residential District, Trail Head Development, applicant, is hereby approved. Adopted by Council this 16th day of July, 1996. Attest: Morli Weldon, City Clerk Jay Kimble, Mayor f U L- 9-96 July 8, 1996 T U E 5 :51 T COWEN STILLWATER T1N u5 Attn.: Ms. Morlie Weldon, City Clerk (Fax: 439 -0456) Mayor Jay Kimble City Council Members CITY OF STILLWATER, MINNESOTA 216 North 4th St. Stillwater, MN 55082 Re: Case No SUB/96 -31 Case No. SV /96.30 Dear Mayor Kimble City Councilmen, Tim Cowen 202 Crestwood Terr. Stillwater, MN 55082 All of you must have the patience of Job, to be able to sit through all of the hearings and meetings you have to endure! Thanks for taking the time making the effort to put up with all of us conning before the City Council. We each have our own needs and concerns...which to those outside a neighborhood probably appear to be petty at times. I will be out of town during the next Council meeting (July 16); but wanted to eo on record leati exoress r strongloncern about the importance of vacating. a portion of Interlachen Drive (Case No. SV /96 -801.. In my opinion, there was a mis- informed comment from Councilman Cummings during your July 2nd marathon session. I believe he stated something to the effect that the traffic study about this topic was 'severely flawed'. That is a serious allegation. I hope it was a simple emotional generalization, made in the heat of the moment the reality) of some of the surrounding traffic concerns. Obviously there are traffic problems on roads in our area (e.g. Deer Path Maryknoll, etc.) that are causing significant headaches and concerns. Those problems will need to be addressed. They will not improve on their own and they will not be helped by any additional development. Your engineering people are undoubtedly the best at determining the proper way of dealing with these problems (additional stop signs, barriers, bumps, lights or whatever), However, 'absolutely/positively'the urotzlems will be m worse if you eynnect Interlachen to Crestwood. Please believe me when I say that this is not sour grapes from a resident who doesn't want to give up living on a deadend street. Several of you know my background as a former Pastor at Trinity Church; if I truly believed that connecting Interlachen to Crestwood would help others, then 1 would r be in favor of it! Trowever. it wojld be disastrous where the additional traffic onto Fairmeadowsfrom Crestwood would attempt to gain access to County, /Olive street, I know...I've suffered with that intersection for 18 years. As you undoubtedly observe when driving by, Fairmeactowsjr tersect._with Countv,, /Olive Street r the middle ofs curve on,,g_h.ill! Stop up here early some weekday morning try and go East (left) onto Counter 5 City Council—Stillwater, Minnesota 2 July 8, 1996 from Fairmeadows. See what a thrill it is] Then imagine what's it's like during/after a snowstorm, when there's a snow /slush buildup on the end of Fairmeadows (from the plow going by on County 5, a snow emergency route)! Just when you think there's a break in the traffic, there is no traction to accelerate onto the street. After you've tried that, then stop up here some weekday evening try and go West (left) onto Fairmeadows from County 5. When we residents are trying to turn left onto Fairmeadows, Westbound County 5 traffic is routinely speeding while going up and around the curve. I don't mean this in a flippant way...but if any Council persons or City employees would like to experience this firsthand, I would be happy to personally chauffeur you through this intersection. There was a Maryknoll resident at the July 2nd meeting who presented you with a petition asking for Interlachen to connect to Crestwood. He was well intentioned, but he was wrong on the following: 1. I think he indicated that the 'sight lines' at Oakridge County 5 are worse than the sight lines at Fairmeadows County 5. Please check with your engineers. That cannot be possible. Fairmeadows/County 5 is much more treacherous the sight lines are very poor! 2. I think he stated that the width of Crestwood is 38 feet (Le. wider than Maryknoll). I don't know the width of Maryknoll...but I did measure Crestwood. It's not 38 feet. Again, if necessary, please ask your engineers to actually measure the street. However, the width of the Crestwood is not the problem...turning onto County 5 from Fairmeadows or going West onto Fairmeadows from County 5 is the problem! In other words, the heart of the problem is that where Fairmeadows intersects County 5 in the middle of a curve on a hill is a very dangerous location. I understand why some of the residents of Maryknoll think they would be helped if the street vacation is not permitted...however, this is only because they have no reason to be aware of the larger problems with Fairmeadows/County 5. They obviously want and need some relief. However, connecting up with Crestwood will only create a new and more serious problem] Obviously, Lstron� the Council ,o vacate Interlaces. On the subject of access to Meadowlark park: As stated to Steve Russell as well as to the Planning Commission to the Council on July 2nd, we are willing to work with the City or developer with a currently undeveloped lot we own (Lot 9). At this point in time we do not want a home built on it. If the street is vacated, we would be happy to discuss having it be used as an addition and/or access to Meadowlark Park. However, if Interlachen will not be vacated, we assume that the City will not (cannot?) landlock our Lot(s). As stated during the last Council meeting, the park needs improvement(s). Additional residents will only add to that need for more and improved park space. With Kind Regards, t4m Timothy L. Cowen cc: Steve Russell JUL -12 -96 FRI 11:42 COTAbLI31 ICO 1800 O Williams STEEL HARDWARE BOX 540.60 -28TH AVENUE NORTH MINNEAPOLIS. MINN. 55440 OFFICE 612- 588 -9800 SALES 500 -9000 MINN WATS 800 292 -7003 IA, ND, SO, WI 800- 328 -8424 FAX: 612 -568 -9875 July 12, 1996 Steve-Russell WILLIAMS STEEL Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Mn. 55082 Dear Steve, I would like to indicate my support for Trailhead Corporation's 31 lot development proposal for our land south of the existing hnterlachen homes. Our preliminary plat some years ago before wetland considerations was for 39 Lots. I thought you, the City Council, and others might be interested in what we went through to get the land to its current condition. We found an old dump while doing grading during the fall of 1986. After consultations with the Minnesota Pollution Control Agency and considering one of their options to mound the dump and install methane gas monitoring wells around the perimeter, We decided to take their second option and haul the dump out. We had 2,092 truckloads and a total 34,938 cubic Minnesota. Our cost of the removal in 1987 was made although none of the expense was Wishes, k0 c Ocenasek nterlachen Co. FAX NO, 6125889875 P, 01 of refuse we hauled to Pine Bend, s $347,098.00. We thi that the right decision verable from th er owners of the property. I am enclosing some photographs taken of the dump during removal showing its proximity to the Croixwood neighborhood. 4: July 2.; 1,96... Mr. Russell,'Community Development Director City of Stillwater City Hall,'216.North Fourth Stillwater, MN 55082 RE: .Petition for an Environmental Assessment Interlachen Hills 3rd Addition Dear Mr..Russell: r The Environmental:Quality Board (EQB) has received a petition requesting that an EAW be prepared on the .project described in the petition, and has determined that the. City of Stillwater is the appropriate governmental unit to decide the need for EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules,. chapter Please contact me if you 'do not have access' to these rules. The- procedures to be followed in making the EAW.decision are set forth in :part 4410.1100.. Key points in the procedures include: No final government approvals.may be given to the project named in the petitions.; nor may construction on the.project be started until the need an EAW has been determined. Project construction' .includes any activities which directly affect the including preparation of land. If the decision:is to. prepare an EAW, approval must be withheld until either a Negative_Declaration'is. issued or an Environmental Impact.Statement- completed (see :part 4410.3100.) A first step in making the. decision regarding the need for an EAW would 'be to compare the project'to mandatory SAW, EIS and Exemption categories listed in parte 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly.. 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option to prepare an EAW. •The be used to decide if'an EAW should be done is given in part 4410.1100, subp. 6.• Note that this requires that a record o£ .decision including specific. findings of fact be maintained. .You are allowed 30 working.days (Saturdays, Sundays and holidays do not count) for your decision if it•will.be made by -a' council, board, or. other body which meets only periodically, or 15 working days if it will be made by a single individual.. You may•request,an extra 15 days from EQB. if the, decision will be made by an individual: N CO t4 ENYI68NNENTAi 001111188160, 658 CEng STREET, S1. P101, MN 55155 612 298 -2603 fill 112 796 -3090 STAff PROVIDED 81 DM US Mr.Russell Page Two 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to, any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the gOB Monitor on July 15, 1996. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296 -8253 or you may call on our toll -free line by dialing 1- 800 657 -3794. Sincerely, Gregg Downing Environmental Review Coordinator cc: David Green f J i /no ''N i is 4" 1 il m 1 k i ERI„ACH' EN tN prelimi Plat ♦Ne Aoom MI,.,F `.,'y1 p..,1 f A. IMTFF4ACMRM 3 i T V L7� yf c+1 TT t t V .1 6 Tili::::!--r o_ 5i 1 T• 119 om+, sr". 1 e j" r i 90. tF �i i 1 t Y 1 J J 1 -~te 1 ea k_J 11 MI: «wN 1 L 1•��``' `ice I 1 1 "r a r 1 9 8 1 1. ;p` 2. 1 j 1 4 1 r) ri --,1 r 1 It i r' V 1 s..., 11 t-"—,-- i 2.1.1111402.22 2 t 7 1 26 j 1111 l it t I f r l i /t z 1 Y t i l i 1 ,�'l 1.,„, ';)}11!l'.., s�1\�`.1, r l.:,,t:t ottotoc _a' g t F 1 r F3. 2 '13 y %V.A gr...r 1 1 1, 1 1 1 1 4 ..z.• v 7— 7 1 7-• I c•-■•••.....,..... A A.: i .•••:;,r. 1 I i i i (3 CUL-DE-SAC ALTERNATIVE 7 6 %s ACHE.P4 HEL—P—S D 3R ADD!' ON 5-""' wits. LOP* v/Of 13.090 IONS PIO N.C.g4s117..roaCe wow. ,00 og•Pg l'• ta o gcalga mv•SURES rtr,'Its sap wuz or woad 0 .0 .0-0 to TA WW1= ort.A." 0,1 .c r oans Totuggt cormg*...,„„As ..coss ,51,so coo.-- coo° '4°3 vv.' ID4* o olong •;,••ai 'Ec"“ c===•0•4 ocs°w's N 's 7: I \c,..;„.--...?;,..-.x.:., •••••,Ns-`.\\.,,, s., s 1 '1 t, s. 1 Nk 1". :1 t. 1 11 s.„, I N ....4.....Z. ..:..'1..›‘ ''....1 i l I •••••.7•""" t .1■I tit ION ei./• 0.44 •\'...N. s• s MEMORANDUM TO: Planning Commission FR: Steve Russell, Community Development Director DA: June 7, 1996 RE: CONTINUE HEARING FOR 32 -LOT SUBDIVISION, INTERLACHEN HILLS 3RD ADDITION (CASE NO. SUB /96 -31) This subdivision application was before the commis "sion at your May 13, 1996 meeting and continued to this June 10, 1996 meeting to further address issues raised at the May 13 meeting. Changes since last review include; (1) the reduction of the number of Tots to meet the zoning lot size requirements; (2) redesigning Interlachen Drive to lower the grade of the road as it relates to adjust properties; and (3) modification to the drainage plan and wetland mitigation consistent with the wetland conservation act. Staff referred the project to the city traffic engineer for review and the city engineer reviewed, again, the drainage plan as it relates to impact on the surrounding area. As can be seen in the revised subdivision, one lot along Interlachen Drive south of the pond has been eliminated. This results in the remaining lots meeting subdivision lot area requirements. The project will not effect drainage conditions on surrounding developed areas. All drainage is contained and controlled on site. The design for Interlachen Drive has been modified (lowered) resulting in the road being two feet above existing land contour rather then the previously proposed six feet. This allows easier access to the lots south of Interlachen Drive and "fits" in better with existing conditions. The city traffic engineer has reviewed the proposed road design and feels it will work as proposed and the project will not significantly impact existing traffic conditions in the area. One other issue that was brought up was a stop sign at Interlachen Way and Interlachen Drive. Staff would suggest that a stop sign is not needed at that location based on the design of the road but if it proves necessary for safety reasons it could be reviewed and added at some later date. Conditions of approval have been modified to reflect the changes in plans. Recommendation: Approval with conditions 4 Attachment: Modified plans CPC Action on June 10, 1996: +7 -0 approval Revised Conditions of Approval SUB/96 -31 The pedestrian/ bicycle trail or sidewalk shall be extended from Maryknoll along Interlachen Drive to Crestwood Terrace and along Interlachen Way. A permanent cul de sac or hammer head acceptable to the city engineer shall be constructed at the end of Crestwood Terrace. The overhead utility lines along Interlachen Drive shall be underground from Maryknoll to Crestwood Terrace. 4. Driveway access off of improved Interlachen Drive shall be provided to the lots on the south side of the improved roadway. 5. Park dedication fees shall be paid and used to make substantial improvements (drainage) to the park and to provide better access to the park as available. 6. A 25 foot natural buffer shall be located around all wetlands with a deed restriction recorded to maintain the buffer area in a natural condition. 7. A wetland mitigation plan shall be prepared according to the Wetland Conservation Act for all filled areas as approved by the city engineer before the final plat is approved. 8. A grading /drainage plan including erosion control and tree protection measures shall be approved by the city engineer before final plat approval. 9. The existing pine trees along the west property line shall be protected and maintained and shown on the grading plan. 10. If the street vacation is approved, the developer shall relocate the driveway to the garage for the residence at 202 Crestwood Terrace. Y HILLS 3RD ADDITION INTERLACHEN tuaalre ODOSICS OCR orOg /610 0513) s sOVOSIVOLO 1000 ?At 'ioNZ‘ z i 3 3 PLANNING COMMISSION June 10, 1996 Present: Jerry Fontaine, chairman Glenna Bealka, Dave Charpentier, Kirk Roetman, Don Valsvik, Darwin Wald, and Terry Zoller Others: Steve Russell, Community Development Director Absent: Rob Hamlin and Thomas Weidner Chairman Fontaine called the meeting to order at 7:05 p.m. Mr. Wald, seconded by Mr. Valsvik, moved approval of the minutes of May 13, 1996; all in favor. Case No. SUB/96 -31 A preliminary plat approval for a 32 -lot subdivision on 15.22 acres located south of Bayberry Avenue Court in the RA- Single Family Residential District. Trail Head Development Corp., applicant. Representing the applicant were Jim Peterson and William McCully. City Engineer Klayton Eckles also was present for the discussion. Mr. McCully went through the revised plan. The major revisions are the removal of one lot and the alignment of Interlachen. Mr. McCully also went through staff's recommended conditions of approval and the developer's response to the conditions. Signe Cowen, 202 Crestwood Terrace, gave a history of the property. Lynette Newman, 203 Crestwood Terrace, showed a video of the property, elevations, wetlands and potential drainage problems.. Sheila Maybanks, 201 Bayberry Court, spoke of the need to respect the environment; she also suggested that the city not accept a fee. in lieu of park land dedication. Tim Cowen, 202 Crestwood Terrace, showed photos of Meadowlark Park taken after a May 19 rainfall and said water management is a serious problem in the area. Cindy Green, 204 Crestwood Terrace, said water issues and preservations of wetlands are of greatest concern.; David Green asked about the city's water /land management policies regarding environmental protection and showed photos of several eroded areas at other development sites. Amy Storbakken, 301 Maryknoll Drive, asked if the city had attempted to quantify the recreational value of the area. She requested that the city postpone approval until data is gathered to determine the area's value as a park /open space. Speaking about a concern for additional traffic on Maryknoll were Steve Sweetland, 214 Maryknoll Drive., Deanna Storbakken, 301 Maryknoll Drive, and Doug Dornfeld, 303 Maryknoll Drive. Also raising concerns about runoff and o,her issues were: Bill Ward, 462 Bayberry Ave. Court; Frank Biontek, 197 Maryknoll; Ann Letizio, 189 Maryknoll; and Kathy Kraucht, 201 Interlachen Way. Signe Cowen summarized concerns and asked that the developer consider a new plat that does not enclose the wetland and provides access to the wetland through Meadowlark Park; that the develop utilize increased silt fencing measures, preserve trees and provide a buffer around the wetland area. Mr. Russell responded to comments about traffic issues. He said the traffic engineer says the road (Maryknoll) has the capacity for any additional traffic the project would generate. He also noted the concern is part of the Deer Path issue (cut- through traffic) the city has yet to come to grips with. Mr. Eckies responded to the wetland /water issue. He said he thought the developer had done a good job, pointing out the wetland easement will provide a large natural area. He said it was his opinion the plan does a good job at wetland preservation, pointing out the proposed mitigation plan exceeds state requirements. Mr. Peterson said the developer wants to preserve wetlands as an amenity and suggested that many of the comments /concerns were a result of past engineering practices, rather than what is proposed in the development plan. Most of the discussion by commission members centered on the condition of approval regarding- park dedication and Mr. Russell's suggestion that the city might want to require a payment in lieu of land to make improvements to and provide better access to Meadowlark Park. Mr. Valsvik noted the park will need a lot of work because of the existing water /drainage problems. Mr. Valsvik suggested changing the language in condition of approval No. 5 to indicate the developer shall pay a park dedication fee to be used to "make substantial improvements to Meadowlark Park and provide better access to the park as land might be available." (Park fees to be paid by the developer would amount to $35,000 $40,000.) Mr. Roetman, seconded by Mr. Wald, moved approval as conditioned, with the revised condition of approval No. 5. Motion passed unanimously. Case No. SV/96 -30 A street vacation for all that portion of Interlachen Drive between Crestwood Terrace and proposed Interlachen Way. Trail Head Development Corp., applicant. Mr. Zoller, seconded by Mr. Roetman, mwed approval as conditioned, with the additional condition suggested by Mr. Peterson that approval is pending final plat approval. Motion passed unanimously. Case No. SUP/96 -33 A special use permit for home occupation, massage therapy in a residence located at 1202 W. Myrtle St. in the RA- Single Family Residential District. Sister Germaine Perreault, RN, applicant. The previous resident of the home also had a massage therapy business. Kay Boyce, 1222 W. Myrtle St., questioned whether there would be more than one business conducted from the home. Lauren Fouks, previous resident, assured Ms. Boyce that was not the case. Mrs. Bealka, seconded by Mr. Roetman, moved approval as conditioned; all in favor. Case No. DR /SUP /V/96 -35 A design permit and special use permit for a self- service car wash 6 bay and variance for a second wall sign located on Lot 3 and the southwest 20 feet of Lot 4, Block 2, Stillwater Market Place 2nd Addition located in the BP -C Business Park Commercial District. Krongard Construction, applicant. Jack Krongard was present for the discussion. Most of the discussion centered on the requested variance for a second sign which would face County Road 5. Mr. Krongard spoke of his need for the additional signage. Mr. Roetman said signage on County Road 5 was specifically addressed when the Market Place development was approved; signage on the rear elevation (County Road 5) of businesses in Stillwater Market Place is not allowable. 111 6 June, 1996 Dear Mr. Russell EHBEIN EXCAVATING /NC Mr. Steven Russell City Planner City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: Revised submittal of preliminary grading plan for Interlachen Hills Third Addition 114tof 8651 NAPLES ST. N.E. BLAINE, MINNESOTA 55449 -6724 (612) 784 -0657 Enclosed is the revised grading plan reflecting the revised vertical alignments for Interlachen Drive and Interlachen way on the above mentioned development. We have reduced the number of Tots to 31 units. The property owner of the driveway access that is in question preferred not to have a home in his backyard and therefore is the reason why we have not removed the unit below the NSP Utility line. The driveway as proposed will be at a grade of 4.08% which is well below the grades of many driveways in the vicinity. I anticipate the feedback from Clayton Eckles regarding the wetland issues and the wetland mitigation plan will meet all your conditions of approval pertaining to the wetland issues. Thank you for your assistance in this matter and if you could over fax your consolidated staff report to me at your earliest convenience at 784 -600, it would be greatly appreciated. Please contact us if you have any questions or need further information. Sincerely, d4-< /4 :1 William A.T. McCul P.E. Glenn Rehbein Companies cc: Jim Peterson Trail Head Development =SEN June 6, 1996 Mr. Steve Russell Director of Community Development City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Steve: 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490 2000 800 325 -2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION RE: Stillwater, Minnesota Interlachen Hills 3rd Addition Site Review SEH No. A- STILL9601.00 cps 6 S We have reviewed the site plan dated April 15 for Interlachen Hills 3rd Addition. This proposal is for 32 dwelling units to be built along an extension of Interlachen Drive, an extension of Interlachen Way and a new cul -de -sac off of Bayberry Avenue. The concept for the street system is consistent with the overall development of Interlachen Hills. Right -of -way for parts of the cul -de -sac and the two extensions has been provided in past plats. It is also consistent with the concepts in the initial proposals which were for townhomes in the early 1980s. The 3rd Addition will generate slightly more than 300 trips per day. These trips will be distributed in three different directions. We anticipate that between 100 and 120 vehicle trips per day will be made via Interlachen Drive to Maryknoll Drive. This traffic will be split between Maryknoll Drive to the north, Maryknoll Drive to the south and Interlachen Drive west to Northland Drive. Approximately 120 to 150 trips per day will be made via Interlachen Way to the County Road 12 intersection. This traffic will then travel east or west on County Road 12. A small volume, perhaps up to 10 vehicles per day, would use Deer Path to reach County Road 5. We also anticipate that between 70 and 100 vehicles per day will use Bayberry Avenue to Maryknoll Drive, with most then continuing north to County Road 12. Based on those estimates, it is anticipated that the additional traffic on Maryknoll Drive will be approximately 80 vehicles per day north of Bayberry Avenue, 60 vehicles per day between Bayberry Avenue and Interlachen Drive, and 60 vehicles per day between Interlachen Drive and Oak Ridge Road. We have also reviewed the potential for cut through traffic which might attempt to use Interlachen Way, Interlachen Drive, Maryknoll Drive and Oak Ridge Road as a new connection between County Road 12 and County Road 5. Given the number of turns and the misdirection of some of the travel, it is unlikely that this will replace Deer Path or any other route now used as a short-cut through the neighborhood. SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER Mr. Steve Russell June 6, 1996 Page 2 Finally, we estimate that some trip changes will be made as a result of the connection of Interlachen Way to Interlachen Drive. Some traffic now on Interlachen Way Court or Interlachen Way may choose to use Interlachen Way to Interlachen Drive, as opposed to Bayberry Avenue, to reach Maryknoll Drive. The net result of this change will be to reduce the volume of traffic on Maryknoll Drive between Bayberry Avenue and Interlachen Drive by a few vehicles per day. It should have no impact on Maryknoll Drive south of Interlachen Drive. The 3rd Addition also requested vacation of a portion of platted Interlachen Drive east of proposed Interlachen Way. Initially, Interlachen Drive was to connect to Crestwood Terrace to provide an additional access to County Road 5 via Fair Meadows Road. This would permit additional traffic from both Interlachen Hills and other portions of the Croixwood area to approach County Road 5 on Fair Meadows Road. While it could reduce traffic volumes slightly on other streets in Croixwood, it would put some through traffic on Interlachen Drive, Crestwood Terrace and Fair Meadows Road. More of a concern is the location of the intersection of Fair Meadows Road and County Road 5, with respect to the turn on County Road 5 at Olive Street. We are continually reminded of the close spacing of the Deer Path intersection to the curve and note that the Fair Meadows intersection is even closer. Because of the concern for the operation of this intersection and a potential of sending through traffic to Crestwood Terrace, we would concur in the vacation of Interlachen Drive east of Interlachen Way so that there would not be a connection to Crestwood Terrace. The downside of this vacation would primarily be forcing some additional traffic from Interlachen Way out onto County Road 12. The number should be small. Finally, we reviewed the general geometries of the layout. They appear reasonable given the nature of the topography of the area and the type of traffic anticipated to use the streets. If you have any questions or need any additional information, please feel free to call. Sincerely, Short Elliott Hendrickson Inc. Z;3 9 4f.4) Glen Van Wormer, P.E. Manager, Transportation Department tlo c: Klayton Eckles, City Engineer Dick Moore, SEH zta- )24.4 )(m z*. etnpv.‘444 -kAA ef7v3tv L4 zot44. 714- inuf iatilciL ■1 ly a#44, t r e .9 ..qt,11.- 7tC kZ )-4&- Att &EL 1-S n'Arre- efrle la* (1 VAAL Zo-t ii Xiia) V a (1" ae Z44., t!tu.. iffia■s ktk. ien4L. ,,,i% xiik 4 ff Aze- /44:464‹..14- "4-?(Lt4-41-- rfkr 6 Sv/94.-3o P ut. A41 Mt 4114/fr K A 4011 cf 0)t- iarva 7S MALtWI. 12. 'UC)4A?, 3%(&--- 35�f2. 7 al5, 11'14 k ,444-rcluvrn, ,(2/64 t Clie-MtniL 744 Sk itcra.41) F 4 IP A(2947‘41- ■11F1 1. ihsywet fUL (4 Ad- 44, r ta A4t ,4 nure., 21t aAi )4iNait 0,;,41). ori42x,, wait. A4- 44 4, 4441, 14,A As- /0.47 1hl44L glx.mat cch 44 4 ,c._11tA, _1.4144&0; 4•1408■ 4,04% _4)44 A".(4;.ag- thilAuutt- 194t, g ot Ces4:env 7,4 lijAV cwr 4- krit4 fat4114. 0.4AP aut-CIA.- .4.4Y 44 44r h 4A a- 4trd__ 1-61,04tx 1,4-4 Ar-t 4 c— -yevQtt 1ejy,6ti1 $(,2 4-seti2 frrtra.4-4, AZA J4 5 ..A4,,‘AAI zZ 4bL, G-1- Pv 4 Lo4 cb -xa,t 44. i ttAk.a0tL .k 4 01,4 4,114.44 edo-r £4- r J.4.4=1.4 Ww 1te Aetr -tict C uri4- Ittemft4 /IAA, ;t4kt ,c.viedv La. at 0 12 4 tek- xt4 AZr pitz Awe, 5 1 14, t it.wcZ" Awe. J4 4 4,, eigAt- AiZrAL, 4 14444 4- 74 el.. 4:1 Accrk 444A, zeu, 4ktrw 1ae, Jut.. 441 47,04,4*w- A.#0,4 40,4- fr 44.1. 4.4114- est, c"„tia. --xtu tr ah Type of Application: Subdivision 32 lots PL. 1NING APPLICATION REVIEW CASE NO. SUB/96 -31 T anning Commission Date: May 13, 1996 Project Location: South of Interlachen Way Comprehensive Plan District: One Family Residential Zoning District: RA Applicant's Name: Trail Head Development Corporation Project Description: The request is for a 32 -lot subdivision. The area was previously approved for a 39 -lot subdivision in 1987. That approval has expired and a new 32 -lot subdivision is now being proposed. Discussion: Since the 1987 approval, the city has enacted wetland and slope density regulations that have resulted in the preservation of the wetlands and illumination of sloped lands from development. Proposal: The proposal is a 32 -lot single family subdivision. The minim lot size for single family is 0,000 square feet 70 feet wide and 100 feet in depth. The proposal extends Pine Ridge Lane 300 et to a cul de sac. Eleven Tots ranging in size from 11,830 to 21,300 square feet are located along the cul de sac. Two of those lot have a 68 foot lot width (70 feet required). A second area of development extends south from Interlachen Way to extend Interlachen Drive. Large Tots sloping down to Deerpath pond are located on the east side of the road (10,275 sq. ft. to 82,305 sq. ft.). The lot furthers to the south on the east side of Interlachen Way requires the location the transmission lines and vacation of easement. This would have to be coordinated with NSP and may result in the transmission lines being underground from Maryknoll to Crestwood Terrace. The lots along Interlachen Drive and the west side of Interlachen Way are in the smaller 10,000 sq. ft to 11,000 sq. ft. lot size range. Four of the lots do not meet the lot size requirements of the district. The subdivision will have to be reconfigure to meet the size requirements. This may result in a loss of lots. The proposed drainage plan maintains runoff on site as required. Runoff is piped to NURP ponds then directed to the wetlands. This will control the rate of runoff and quality of water. A portion of the wetland is being filled for Interlachen Way which will require mitigation approval of a wetland replacement plan. The mitigation plan will have to be approved before final plat approval. he construction of extended Interlachen Drive shows a 8 -10 foot fill for the road. This construction Ape require a construction easement from adjacent property owners and be designed to provide access to those lots. As proposed the raised road will effect the appearance and setting of the area. The proposed plans show a sidewalk along Interlachen Drive and Interlachen Way. The sidewalk r should be extended to the next Intersecting street and east to Crestw,..xd Terrace. If Interlachen Way can be vacated, a permanent end should be constructed at Crestwood Terrace and a path connecting Crestwood Terrace to Interlachen Drive constructed. Conditions of Approval: Recommendation: Approval as conditioned above. Attachments: Application and plans. Park dedication requirements will be provided for as land dedication or in lieu park fees based on the city's policy and subdivision requirements. 1. The substantial Tots shall be reconfigured to meet the RA lot size and area requirements. 2. All building sites shall be set back 50 feet from the designated wetland. 3. The sidewalk/trail shall be extended to Maryknoll and Bayberry Avenue and Crestwood Terrace. 4. A permanent end shall be constructed at the end'rof Crestwood Terrace if Interlachen Drive is vacated. 5. The overhead utility lines along Interlachen Drive shall be relocated and underground from Maryknoll to Crestwood Terrace. 6. The developer shall secure permission from landowners to the south of Interlachen Drive for construction of the roadway on their property. 7. Access to lots south of Interlachen Drive shall not be inhibited by construction of Interlachen Drive. 8. Land shall be dedicated or park dedication fee paid for to meet city park dedication requirements. 9. A wetland mitigation plan shall be prepared and approved by the City Engineer for the loss of wetland before final plat approval. 10. A grading /drainage plan including erosion co ntrol and tree protection measures shall be approved before final plat approval. 11. A 150 foot open space easement shall be recorded along Deerpath pond. 12. The existing pine trees along the west property line shall be protected and maintained. 13. A 25 foot natural buffer area shall be maintained around the wetland. Finding: As conditioned the subdivision is consistent with subdivision regulations, city development standards and zoning requirements. 1 04/26/96 14:13 FAX 612 332 4728 Jr" 04'23i96 14+ S 612 342 1711 PRELIMINARY PLAT APPTJC&TIOTJ I. APPLICANT Name: George N. I o Company: Trail Head fay 1npm r t r2r„ Address: 514 Ntev at City: Mi nneapolis State:JN Zip Code:55402 Telephone :(W) 341 -0840 (FA)9332- 472,8 (l1) L1 a 6 z PROPERTY FEE OWNER cal OCEn11-SEK Name: Seco�1d l.Jc+(1�NLK'. p 4 .41 Com P au y: e fan Address: City: 1 `i+ 44E 400/ S State: r Zip Code: Sy Telephoz e: m /0.-.511 9ke. 5 (PAX) c S8P (H) 3. SURVEYOR Name: Company Addiesae 784 -0657 Telep2�nne:(W) ,_0 784- 60.QL(H1 4. Y Lc.•wNom Tim Kytonen lilenn Kenbein Excavatina.Companies 8b1 Naples Street NE Blaine State- MN Zi Codr.. 55449 Property Pee Owner(s) Applicant(a) Signature(s): Date: L ('LEASE NOTE: If by Props 04/25/96 13 :52 cv Stillwater, Minnesota Legal Description: uutiot H, Interlachen Hills 2nd Addition Tr Head 5. Name of development; pr pose [[cis 1rd Rrirti t Number of lots: acanirana Current land use: Kesi semi a 1 Proposed land use: Currant zoning St g1 P Family Proposed zoning: S i nql P Family Anticipated project completion: Fall of '96 6. SUBMITTAL RBQ (14 copies and 1 reduced 8 W x 11 Preliminary Plat (PP) Tree Preservation and Landscaping Plan (TLP) Street and Utility Plan (SUP) Grading, Drainage, Storm Water and wetlands Plan (GDSWP) Other Information (01;) 81/2" x 11" Transparency 1 herby apply far the above consideration and declare that the intonnation and materials submitted with this application are complete and accurate per City pi 's• I understand that the application will be processed when it has been found to be complete and adequ a ley unit+ Davetopment Director. Owner is NOT the applicant, the Applicant must provide written authorization ee Owner In order to make application_ TX /RX NO.2030 P.001 Al Q002 PEE /700 PAID Mr. Hamlin moved approval of a 4' x 8' monument sign and a 3' x 5' sign on Y the building. Mr. Charpentier seconded the motion. Mr. Zoller suggested an amendment to the motion, adding the condition that the monument sign is to be used to identify both lots A and B. Mr. Hamlin and Mr. Charpentier accepted the amendment to their motion. Motion passed unanimously. Case No. SV/96 -30 A street vacation for all that portion of Interlachen Drive abutting Lot 8 Preliminary Plat of Interlachen Hills 3rd Addition. Trail Head Development Corp., applicant. Case No. SUB/96 -31 A preliminary plat approval for a 32 -lot subdivision on 15.22 acres located south of Baybe1ry Avenue Court in the RA- Single Family Residential District. Trail Head Development Corp., applicant. Jim Peterson of Trail Head Development and the company's surveyor and civil engineer were present for the discussion. Mr. Peterson asked that the requested street vacation be considered as a separate issue, subject to approval of the preliminary plat. Mr. Peterson briefly explained the proposed development and the history of the site. He said it is the company's desire to accommodate and work with neighboring property owners. The surveyor indicated the subdivision has been created to meet city ordinances and with sensitivity to the slopes and wetlands in the development area. The engineer explained measures that have been taken to protect existing wetlands, as well as mitigation measures that will be required as a condition of approval. Speaking in opposition were: Patricia and Arthur Gill, 302 Darrell Court; Cindy and David Green, 204 Crestwood Terrace; Tim and Signe Cowen, 202 Crestwood Terrace; Tyler Smith, owner of three lots south of Interlachen; Sheila Maybanks, 201 Bayberry Court; Kenneth Opsahl, 241 Bayberry Court; Bill Moore, 261 Bayberry Court; Shelly Michaelis, Realtor; Frank Brontik, address not given; Polly McGouflin, 143 Maryknoll; Bill Steen, 126 Maryknoll; Greg Mardaus, 141 Bayberry Court. Concerns centered on environmental impact; drainage; the height of the road at the rear of the development and the potential for runoff; the additional traffic the development might generate on neighboring streets; the potential impact on property values on existing homes; the potential for assessments for streets /sidewalks against existing property owners. Tyler Smith noted that the Wildpines Association had some very restrictive covenants. He suggested that staff look at the covenants to determine whether the proposed development might be in violation of Case No. SUP/96 -28 A special use permit for a seasonal concessions, garden and eating area at 304 N. Main St. in the CBD, Central Business District. Janet Calkins, applicant. Ms. Calkins explained she would be cleaning up the area and adding flowers. The concessions would be served from a solid green trailer with 8 x 12 awning; the trailer would be forklifted into the area. Mr. Valsvik, seconded by Mrs. Bealka, moved approval as conditioned; all in favor. Case No. SUB /V96 -Z. A resubdivision into Parcel A, 50,000 square feet, and Parcel B, 67,711 square feet, at 1375 Curve Crest Blvd. in the BP -I, Business Park Industrial District. Kellison Company, applicant. Present for the discussion were Jim Kellison and Doctors Stenberg and Kauls. Mr. Kellison explained the requested resubdivision. Lot B would be used for a dental clinic with three practices. Both of the lots meet the size requirements and zoning ordinance. The owners would be willing to put the treed area at the rear of lot B into a conservancy zone, he said. Mr. Hamlin asked about runoff. Mr. Kellison explained that drainage plans would be subject to review by the Public Works Department prior to construction. Mr. Valsvik, seconded by Mr. Hamlin, moved approval as conditioned; all in favor. 3 Case No. V/96 -34 A variance to the sign ordinancq for two signs at 1375 Curve Crest Blvd. in the BP -I, Business Park Industrial District. Kellison Company, Applicant. Present for the discussion were Jim Kellison and Doctors Stenberg and Kauls. The applicants are requesting a monument sign on Curve Crest and a sign on the front of their building identifying the dental clinic tenants. Mr. Fontaine questioned the need to identify the doctors' practices on a building sign when their names will also be on the monument sign. Doctors Stenberg and Kauls pointed out the tenants of the dental clinic are not in business together and maintain separate practices. r some of the pre- existing covenants. Ms. Maybanks asked the developers to consider a development of Tess density, and she urged the city not to accept a fee in lieu of park dedication land. When the discussion returned to the table, Mr. Valsvik suggested adding a 14th condition of approval that the city, developers and property owners south of Interlachen get together to address key drainage issues. Mr. Fontaine said he was uncomfortable with the density as proposed. Mr. Hamlin said he thought there should be additional traffic studies. Mr. Weidner moved to continue the request until the June meeting with the direction that addition information be provided regarding drainage/ traffic /walkways /lot size, along with recommendations from staff as how to proceed. Mr. Zoller seconded the motion. Motion passed 8 -1, with Mr. Valsvik voting no. The recording secretary left at 10:40 p.m. Respectfully submitted, Sharon Baker Recording Secretary Mr. Steve Russell Stillwater Planning Commission RE: SUBDIVISION, Case No. SUB /96 -31 Thank you for hearing my concerns. May 13, 1996 Realizing the 3rd Addition was coming and I know this is part of growth in Stillwater, but I do have a few concers; 1) The proposal of 32 lots on 15.2,:acres, does this include or exclude the pond? Will that be left alone? It would be nice if it did not get filled in. I am concerned if this is overcrowding? 2) When you add the surface area of the projected roads, where is the water run -off going to go? If the plan is to let it go down the hill to the DNR pond below Bayberry Ct., the most sensible solution would. be to require the developer to install a larger culvert under County 12. This work could be coordinated with the County. At present the existing culvert is inadequate to carry both the water pumped from Lilly Lake and water from rain run -offs. With additional run -off waters the level would only rise farther onto existing homeowner properties. The Planning Commission should not be shortsightedness in not planning for future water problems. 3) Another cause of concern I have is ground excavation for basements. The developer should take great concern in protecting the soil from being washed downhill into the pond. What used to be a lake many years ago, now a apond full of deposited silk (sand). enneth Opsrahl 241 Bayberry Ct Stillwater, MN 55085 439 -0371 MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: August 29, 1996 RE: SALE OF CITY OWNED LAND According to the city charter in order for the city to sell city owned land, the sale must be advertised and set for public hearing. The sale has been officially noticed in the paper and set for hearing at this meeting. The subject property contains 7,500 square feet and is located east of Third Street as shown on the attached map. The owner of the residence to the north would like to purchase the north 20 feet on the lot. The remainder of the lot would be sold to Gerrard Realty as open space for the housing project (this sale of this property would take place with the sale of the UBC site). A deed restriction would be placed on the sale of the lot enforceable by the city that no structures could be placed or constructed on the land and it be maintained in an open spaced natural condition. A public utility easement would also be placed over the property to ensure it is available for future public use at some point in the future if needed. Recommendation: Direct staff to negotiate sale of the property with the Eiklenborg's and Gerrard Realty for nominal fee with the following restrictions: 1. The parcel shall be maintained in a natural open space condition. 2. A public drainage and utility easement shall run with the property. iw ater THE BIRTHPLACE OF MINNESOTA PROPERTY PROPOSED FOR SALE BY THE CITY OF STILLWATER As required by Chapter 16.01 of the Stillwater City Charter, the City of Stillwater is required to provide official notice and description of certain lands that it intends to sell. The below described and mapped site is proposed to be sold by the City on or after September 21, 1996. Property proposed for sale: The property is located on the east side of North Third Street directly south of the residence at 315 South Third. The property size is 50 feet deep and 150 feet wide (along Third Street) and contains 7,500 square feet of area. The property is treed and generally steeply sloping from Third Street to the east (see proposed land sales map). The land would be sold to Gerrard Reality (a portion) and Marlin Eiklenborg (a portion). A deed restriction would be placed on the property to disallow development of the site and to retain the site in a natural condition. A public utility easement would be retained on the entire site. A public hearing will be held for the purpose of considering the sale of above described property on September 3, 1996, in the Margaret Rivers Room at the Stillwater Public Library, 223 North Fourth Street at 7 p.m. or as soon thereafter that it can be heard. Written comments, submitted prior to the meeting will be considered. Publish: July 29, August 5, 12 and 19, 1996 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612- 439 -6121 0 CITY OF STILLWATER LAND SALES MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: June 21, 1996 RE: SALE OF CITY OWNED LAND As a part of the Gerrard offer to purchase the UBC storage yard site, a piece of previously owned city land between the UBC site and Third Street was a part of the offer (see attached map). Because the land was not originally purchased for redevelopment, Ordinance 789 pertains to the site. In order to sell the land, the council must pass an ordinance ordering the sale by a 4/5 vote. It is recommended that the council approve that ordinance so it can be published and the 30 day review period can run before the scheduled closing (September 21, 1996). Recommendation: Approval of ordinance directing sale of land. Attachment: Ordinance 789 and site map. SURVEY MADE EXCLUSIVELY PU11, DESc:RIYTIUN: Per Parcel Description Furnished: (see Sheet 3 of 3 Sheets) NOTES: Orientation of this bearing system is assumed. o Indicates 5/8" I.D. Iron pipe set marked with a plastic plug inscribed RLS Underground or overhead public or private utilities on or adjacent the parcel located in conjunction with this survey. unless noted otherwise. Outside boundary was surveyed per parcel description furnished (see sheet 3 0 Adjoining parcel descriptions were not researched or compared with desc. furn Note fence line and bituminous pavement encroachment along the n'ly line. Contact the City of Stillwater Public Works Dept. at 439 -6121 for field staki loc. of remainder of 40" San Sewer line loc.on this parcel. Exact loc.presen This sewer line is not defined by easement. r T/e4'E T NW A. .35 71'? I 5 EAST 02/VE ti /.a C fw..,/ v Ai -°1 J 0 Cwt. L. 34`• /we /.r/ DESeeiaEv O[/ERALL AREA 63,485 .3q FT.._ .51/A.T. Te faceze LOT 6 r� /StwHt S.vto DEYELOPE0 /Ior //wrvll /kW /f. f't o7r•'ot.•el /00.70 4: O, 320 Sy. FT.' a: J .we.•ra`f fa..ei LO ).L•. L<aW. f/ /a• /7J/ Atte �O.•r tyk 7 ler l .I. 1.'..'t 1.' f/JY Lw' r �tir Sl s s '(r .a•7Z /.#'JY f /JO ,r. L.r6 .1 7.1"•J f 70 JV snvf ss "%v ti 120 /Te• L.v. f 1: 7,•z• 8::' /vsr•/�•sz'E e..fs'f i•r L•/ 22 2/ J 1 V EARRETT M. STACK STILLWATER, MILAN. 33082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439 -5630 UNITED BUILDING CENTER, a.k.a. Laird Norton Co.. 301 South Second St., Stillwater, MN 55082 J 7I•Jf 're lel. /f 4 h V V. BL e 35 J7J sf%'S /ff Doc, 4/60¢9 ift. Ir 1, arc 8 dfKC dLOG. NE Al. Js e 13774. were not f 3 sheets). ished. ng and exact tly unknown. 1 hereby certify that this survey. plan. or rrl ..a. prepared by me or under my direct superviaun and that 1 am a duly Registered Land Surveyor under 1111. Ian. of the State of Minncy.ta out Sppt 11 14 Reg No 1377# iI Ntcs NNE Ilmw `ol 1 0 4 Roy W. Holsten' David M. Newberg *Also licensed in Wisconsin Mr. Steve Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Steve: RWH:k Re: Eiklenborg Marlin and Janine Eiklenborg HOLSTEN TAW OFFICE, P.A. 124 S. Second Street P.O. Box 206 Stillwater, Minnesota 55082 Telephone: (612) 439 -0700 Facsimile: (612) 439 -8892 August 16, 1996 As you know, I wrote to you several weeks ago concerning Marlin and Janine Eiklenborg's desire to purchase part of the gully property immediately south of their home, which I now see you have advertised in the paper. The Eiklenborgs continue to be interested in this purchase but would prefer to deal with the city directly as opposed to a two -step process. Thank you for your attention to this matter. Sincerely, Roy W. Holsten Telephone: (612) 439 -0700 Facsimile: (612) 439 -8892 Roy W. Holsten' Dauid M. Newberg Also licensed in Wisconsin Mr. Steve Russell City of Stillwater 216 North Fourth Street Stillwater, Mn 55082 Dear Steve: Re: Marlin Eiklenborg Enclosed herein please find a copy of the Survey of the Eiklenborg property and a legal description which I have prepared which I believe would be the 20 feet southerly of the present Eiklenborg property which we discussed. After you have reviewed this would you kindly give me a call and let me know how the Eiklenborgs could proceed to buy this from the City? Sincerely, 44a7.1 RWH:k Enclosure cc: Marlin Eiklenborg HOB LAW OFFICE, P.A. 124 S. Second Street P.O. Box 206 Stillwater, Minnesota 55082 June 5, 1996 Roy W. Holsten CERFCAE OF SURVEY SCALE I 1 =20' I LEGEND o IRON MONUMENT SET AND CAPPED RLS 17490 IRON MONUMENT FOUND CAPPED RLS 13774 N 72 3 9 2a ',E 7 6 1/ A/ 72 39io /20.404 sa o 0 R /G>17 of yvi, Y G'/j >'6/Y6 7- N .S 72 7'2' S IN 30,e"C> 1 mum (MIIrY von WS SULKY. PLAN Dm grON .YAS PIMPAOCD DY MC 011 UNIXN MY pRCT P.MCNMSIDN AND TMl 1 AM A DULY MCONTCACO 1NA SANCYO* MAN INC IAMB m !UMW WOOKU A u� Z *4 />o rI4' t. !/T /S O, y9 _S. 47,c L //(/E S 7Z 3, /01/1/ DAN 2j Iso.NO, JOB NO. 95 -11 SURVEYED FOR. 6976 28TH STREET COURT N. OAKDALE, MINNESOTA 55126 (612) 779 -6435 MARLIN EIKLENBORG 315 SOUTH 1$41RD STREET STILLWATER. MINNESOTA 55082 t' I 1 Y Ir According to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. 0 0 All that pad of Lot Six (6), Block Thirty five (35) of the Original Town (now City) of Stillwater, dcsazbed as follows, to Commencing at a point in the East line of Third Street, Thirty- five (35) feet Southerly from the Northwest comer of said Lot Six (6); thence Easterly on a line parallel with the North line of said Lot, One Hundred Twenty 120) feet; thence Southerly on a line parallel with the East line of Third Street Filly (50) feet; thence Westerly on a line parallel with the North line of said Lot, One Hundred Twenty 120) feet to the East line of Third Street; thence Northerly on the East line of Third Street Fifty (50) feet to the place of beginnin& in& Subject to an easement for rigid, of way purposes over and across the right of way described as follows, to-wit Commencing at a point in the East line of said Third Street, Thirty -five (35) feet Southerly from the Northwest corner of said Lot Six (6); thence Easterly on a line parallel with the North line of Lot, Fifty (50) feet; thence Southerly on a line parallel with the East line of Third Street, Seven (7) feet thence Westerly on a line parallel with the North line of said Lot to the East line of Third Sired; thence Northerly Seven (7) feet to the place of bcgmning of said right of way. BRADLEY J. CANADAY SURVEYING 1 All that part of Lot 6, Block 35 of the original Town (now City) of Stillwater described as follows to wit: Commencing at a point in the East line of Third Street 35 feet Southerly from the Northwest corner of said Lot 6, thence Easterly on a line, parallel with the North line of said lot 120 feet, then Southerly on line parallel with the East line of Third Street 50 feet to the point of beginning, thence continuing Southerly on a line parallel with the East line of Third Street 20 feet; thence Westerly on a line parallel with the North line of said Lot 6 120 feet to the East line of Third Street; thence Northerly on the East line of Third Street 20 feet, thence Easterly on a line parallel with the North line of said lot 120 feet to the point of beginning. Dear Steve: Peter T. Gerrard GERRARD REALTY CORP PTG /rla M Exclusive Condominium inii .Dewlnfnnc a Overtaking the Sahu Cmix August 29th, 1996 Steve Russell, Community Development Director City of Stillwater x 2 16 North 4th Street Stillwater, MN 55082 RE: Hillside Property, Owned by the City of Stillwater, Adjacent to The Bluffs of Stillwater Condominium Development Site This letter is to confirm that Gerrard Realty Corp is interested in purchasing the land immediately west of the UBC storage yard site that is now owned by the City of Stillwater. Price and terms will have to be decided at a later date; we would like the closing of this land to be at the same time we close on the UBC site with the City. Thank you and please call with any questions. Sincerely, THE BLUFFS OF STILLWATER ?dxJ. &aL./r- 200 EAST CHESTNUT STILLWATER MINNESOTA 55082 EDINA REALTY 612 430 3200 THE BLUFFS 612 430 7547 ti MEMORANDUM TO: Planning Commission FR: Steve Russell, Community Development Director DA: August 9, 1996 RE: ADOPTION OF CAMPUS RESEARCH,AND DEVELOPMENT DISTRICT (CASE NO. ZAT -96 -1) The Campus Research and Development regulations are developed to implement the comp plan land use designation for the lands along TH 36 (see attached map). A relative map amendment designates the Bradshaw property CR D as shown in the Comp Plan. Comments from the Stillwater Township Planning Commission on the CR D District are attached for planning commission consideration. The CR D district will have to be approved by a joint Stillwater City and Stillwater Township Board before the regulations are put in effect. Recommendation: Approval of CR D district regulations for council approval. Attachment: CR D Ordinance. CPC Action on 8- 12 -96: +7 -0 approval Joint Board Action on 8- 29 -96: Certified 3 -0 Campus, Research and Development District Permitted Uses Purpose. The zoning of property Campus, Research and Development is intended to allow primarily a mix of office, research and development and light manufacturing uses with limited retail and service uses in a planned business park setting. The district is a planned zoning district designed to provide for low density, high quality employment generating development with increased amenities and open space. Special Use Permit. No building, structure, land or premises shall ti used and no building or structure shall be directly constructed except for the following uses, subject to the development and performance standard listed below: Administrative offices associated with other permitted uses. Manufacturing, processing, fabrication or assembling of limited commodity except junk or storage. Laboratories Printing and publishing Photo processing Research establishment of industrial, medical or scientific nature. Chemical laboratories Service uses including advertising, consultant services and engineering, architects and designers Funeral and related services Use Determination. Any other use or service establishment determined by the planning commission to be of the same general character as the foregoing specially permitted uses and which will not impair the present or potential use of adjacent properties may be permitted. Height and Area Regulations The maximum height of buildings and structures and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided: A. Maximum height All structures 40 feet/3 stories B. Minimum setbacks: 1. AU buildings or structures shall be set back a minimum of 50 feet from any public street right of way forming the peripheral property line of the business park. 2. All buildings or structures shall be set back a minimum of 30 feet from any internal street right of way. 3. All buildings or structures shall be set back a minimum of 75 feet from the property line of any residentially zoned property, where such property is already developed for residential use or is designated residential on the city's comprehensive plan. 4. All buildings or structures shall be set back a minimum of 20 feet from any peripheral property line other than a street right of way line or residentially zoned property. 5. All parking areas shall be set back a minimum of 20 feet from any street right of way. 6. All parking areas shall be set back a minimum of 30 feet from the property line of any residentially zone property, where such property is already developed for residential use or is designated residential use on the city's comprehensive plan. 7. All parking areas shall be set back a minimum of 10 feet from any peripheral property line other than a street right of way line or residentially zoned property. Parking and Loading Regulations A. Each establishment shall provide sufficient off street parking spaces for all employees, customers, visitors and others who may spend time at the establishment during working hours. The number of such parking spaces shall be determined at the time of preliminary development plan approval, but in no event shall there be Tess than three spaces for each 1,000 square feet of total floor area or portion thereof shown on the plan and in no event shall there be less than 3.8 spaces for each 1,000 square feet of total floor area of office and research buildings. A portion of such parking may, at the discretion of the planning commission or governing body, be deferred at the time of preliminary development plan approval. B. Each establishment shall provide a adequate loading space within a building or in a side or rear yard, in such a way that all storage, standing and maneuvering of trucks shall be off the public right of way. C. No portion of a parking or loading space, including maneuvering area, except the necessary drives, shall be located closer than 20 feet from a public street right of way. Development and Performance Standards A. The minimum parcel size of property shall be 5 acres unless a part of a planned development for the area. B. All operations shall be conducted within a fully enclosed building. C. There shall be no outside storage of materials, products or equipment other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless such outside storage is specifically approved as part of the preliminary development plan. E. No use shall be permitted or so operated as to produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringlemann No. 1, except that smoke darker than Ringlemann No.2 is permissible for a duration of not more than 4 minutes during any 8 hour period if the source of such emission is not located within 250 feet of residentially zoned property. F. In no case shall the noise level exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line. G. No activity shall be permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. H. The minimum landscaped open space ration for the entire business park shall be 30 percent. I. No loading dock shall be permitted to face any street unless a screening plan therefore is approved as part of final plan approval. Design Permit. Design review shall be required for all campus research and development district uses according to the design review standards. MEMORANDUM The zoning map amendment applies to the CR D zoning district regulations to the 28 acre site. The owner of the property would like to proceed with development plans and this is the first procedure step for land development. It is important at this point to make sure the owners use of the land is consistent with the comp plan land use designation. TO: Planning Commission FR: Steve Russell, Community Development Director DA: August 9, 1996 RE: ZONING MAP AMENDMENT APPLYING CR &D DISTRICT TO APPROXIMATELY 28 ACRES WEST OF CR 5 AND NORTH OF TH 35 Recommendation: Approval of map amendment to city council. Attachment: Zoning CR D amendment map. CPC Action on 8- 12 -96: +7 -0 approval Joint Board Action on 8- 29 -96: Certified 3 -0 1 1 1 1 1 1 1 1 1 1 1 1 1 t 4 91 AA8 St 4 4 Ar s0 013913 Ort itik Iiii'stlei K HDDENV ®Q- 141. September 3, 1996 RESEARCH Ms. Paula Kroening Newman Realty Ltd. Partnership 12480 N. 72nd Street Stillwater, MN 55082 Dear Ms. Kroening: GROW A DIVISION i)E APARTMENT SEARCH, INC This letter briefly summarizes several market factors to consider regarding the development viability of the Village Commercial parcel which was approved at 6.2 acres and is now facing a reduction of 47 per- cent in the amount developable due to wetlands /park dedication /open space allocations and a potential additional reduction for a highway right -of -way allocation. This Village Commercial parcel will be the sole location for neighborhood retail within a two -mile radius to the east and much greater distances to other directions (three to five miles). As such, it will serve a physical area greater than is usual for a neighborhood retail area and will require additional area for expansion. The residential area adjacent to the commercial parcel on the south is projected to develop at a rate of about 60 homes per year. This number may be somewhat lower or higher depending on other de- velopment factors, but additional demand for retail goods and services will increase over time and again, will require sufficient land for expansion. Providing access to neighborhood goods and services within walking distance of a majority of homes in the proposed residential development to the south would reduce the number of trips by households outside of their neighborhood to access convenience goods, provided these goods are available. Reducing the developable size of this parcel by 47 percent or more will severely reduce the ability of a developer to maximize flexibility and provide an optimal development. Achieving an aesthetically striking visual presentation usually requires a building design which significantly deviates from the norm and consequently, costs may increase substantially. When costs escalate to a point beyond the developer's ability to lease space at a competitive rate, no development may occur or worse yet, a level of development that does not deliver its intended vision. Sincerely, MAXFIELD RESEARCH GROUP A Division of Apartment Search, Inc. Mary C. 3 ujold Director of Research 4 i mar- 612 338 -0012 620 KICKERNICK 430 FIRST AVENUE NORTH 612- 338 -0659 FAX MINNEAPOLIS, MINNESOTA 55401 MEMORANDUM TO: Planning Commission FR: Steve Russell, Community Development Director DA: August 9, 1996 RE: VILLAGE COMMERCIAL ZONING DISJRICT REGULATIONS (ZAT /96 -2) Recommendation: Approval of VC designation to council. Attachment: VC Zoning Ordinance and Design Standards. CPC Action on 8- 12 -96: +7 -0 approval Joint Board Action on 8- 29 -96: Certified 3 -0 The attached VC Zoning Regulations are for the comprehensive plan designate site at the corner of CRs 12 and 15. The regulations have previously been reviewed by the commission and amendments made. Comments from Stillwater Township regarding the VC district are attached. Village Commercial District VC Purpose. To provide a local center for convenience shopping and personal services primarily in proximity to a residential neighborhood. The V -C districts shall be established in the general location shown on the comprehensive plan. Special Use Permit. Local convenience retail business or service establishment, such as grocery, fruit and vegetable store, bakery, drugstore, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business tnd professional office and the like, supplying commodities or performing services for residents of the immediate neighborhood and surrounding areas. Day Care /Nurseries. Medical and dental offices. Parking facilities Professional, editorial, real estate, insurance and other general business offices. Residential Uses Second Level. Tea rooms, deli, coffee shops and soda fountains, not including the sale of alcoholic beverages. Service Stations. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use. Use Determination. Other use or service establishment determined by the planning commission to be of the same general character as the foregoing specially permitted uses and which will not impair the present or potential use of adjacent properties may be permitted. A use permit shall be required and processed pursuant to this section. District Regulation. General. C:196PLAN N I \VILLAGE DI S August 30, 1996 Provisions Requirement a. Height of buildings maximum Principal (stories and feet) 2 35 Accessory (stories and feet) 1 20 b. Minimum lot area (net) (sq. ft.) 10,000 when not within a PUD c. Front yard (feet) 50 when not within a PUD d. Rear yard (feet) 25 when not within a PUD e. Lot coverage (impervious surface) 60% when not within a PUD f. Landscaping open space (including wetlands) 40% when not within a PUD Additional Setback Requirements. In any VC District directly across a street or thoroughfare or next to, from any Residential District, all parking and loading facilities shall be at least twenty feet from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped. Other Requirements. All uses shall be conducted wholly within completely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropriately located and designed as approved by the planning commission. Design Permit. Design review shall be required for all village commercial uses according to country village architectural and design guidelines as adopted as part of the orderly annexation agreement. Planned Unit Development. These development requirements may be modified based on an acceptable planned unit development for the entire village commercial district area. MEMORANDUM TO: Planning Commission fr FR: Steve Russell, Community Development Director DA: August 9, 1996 RE: ADOPTION OF AGRICULTURAL PRESERVATION ZONING DISTRICT (CASE NO. ZAT -96 -3) Under the orderly annexation agreement, lands annexed to the city will be designated agricultural when they are first annexed. Since the City of Stillwater does not have an agricultural zoning district, the attached district has been developed. The Ag district is proposed as a holding zone for future rezoning consistent with the comprehensive plan land use element. Staff would suggest allowing elementary schools in the Ag district as a special use permit. This would allow the plan review of the school along CR 12 with a SUP when annexed (or conditioned). Comments on the ordinance from the Stillwater Township Planning Commission are attached for your consideration. This ordinance along with the other ordinances on the agenda will have to be certified by a Joint City/Township board before the ordinance is put into effect. Recommendation: Approval of Agricultural Preservation Zoning District for council approval. Attachment: Agricultural Preservation District. CPC Action on 8- 12 -96: +7 -0 approval Joint Board Action on 8- 29 -96: Certified 3 -0 Agricultural Preservation District Purpose. The zoning of property as AP, Agricultural Preservation District, is intended to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban /rural conflicts which arise as a result of premature development of rural areas. The district is further intended to preserve open space and natural resource areas. Permitted Uses. No building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, Vconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards below: Single family dwellings Agricultural uses Agricultural produce sales Commercial greenhouse Fish hatcheries and aviaries Fishing lakes and picnic groves provided no concession or retail sales shall be permitted Forest and wildlife reservations or similar facilities Fur farming for the raising of fur bearing animals, excluding skunks and civet cats; Riding academies or stables Use Determination. Any other uses or activities determined by the planning commission to be of the same general character as the foregoing specially permitted uses and will not impair the future urbanization of the property. Special Use Permit Elementary School Height and Area Regulations. The maximum height of buildings, the minimum dimension of Tots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows: A. Maximum height: 1. Residences 2 -1/2 stories, not exceeding 35 feet 2. Agricultural structures 50 feet. 3. Accessory structures and uses, other than agricultural structures 1 -1/2 stories, not exceeding 20 feet and not exceeding the height of the main residential structure. B. Minimum front yard 50 feet. C. Minimum side yard 25 feet. 4. Subdivisions D. Minimum rear yard 75 feet. E. Minimum lot width 300 feet. F. Minimum lot depth 300 feet. G. Minimum lot depth to width ration 3:1. H. Lot area per dwelling 10 acres. Development and Performance Standards A. Agricultural uses are permitted with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses and with no restrictions to the sale or marketing of products raised on the premises; provided that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry shall be located at least 100 feet from residentially zoned land and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of property residentially zoned land. Building and Unplatted Land. A building permit for a residential or nonagricultural building in this district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the Director of Community Development. Such plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract shall be entered on the official zoning map of the city and shall be considered the same as a platted lot for purposes of regulating permits on adjacent land. The owners of tracts abutting an existing road, street or highway which has Tess than city standard width shall present a warranty deed acceptable to the city for that amount of right of way necessary to comply with the city standards prior to the issuance of the building permit. B. No detached accessory buildings shall be located within the required front yard. C. All detached accessory buildings located within a side yard shall be set back a minimum of 10 feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot. D. All detached accessory buildings located in the rear yard shall be set back a minimum of 25 feet from the rear lot line. Any request for subdivision of agricultural preservation, AP, zoned land shall be accompanied with a ghost plat that shows how future urban development can be accomplished at some future time. MEMORANDUM Recommendation: Approval of amendment. Attachment: Orderly Annexation Agreement. CPC Action on 8- 12 -96: +7 -0 approval Joint Board Action 8- 29 -96: Certified 3 -0 TO: Planning Commission FR: Steve Russell, Community Development Director DA: August 30, 1996 RE: COMPREHENSIVE PLAN AMENDMENT INCORPORATING ORDERLY ANNEXATION AGREEMENT (CASE 110. CPA/96 -1) This item would incorporate this adopted orderly annexation agreement in the comprehensive plan. The agreement is effect carries out and makes more specific comprehensive plan policy for the expansion area. 110 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Suesan Lea race Dear Dave: TMS:slc Enclosures JUL 2 1998 CAMPBELL, KNUTSON, SCOTT FUCHS, P.A. Attorneys at Law Mr. David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 P.O. Box 438 Stillwater, MN 55082 Re: Stillwater Annexation cc: Stillwater Town Board and Clerk (No Enclosure) (612) 452 -5000 Fax (612) 452 -5550 July 2, 1996 Best regards, HAND DELIVERED Enclosed are two copies of the Orderly Annexation Agreement signed by the Town Board Chairperson and Town Clerk. The Agreement was approved by the Town Board on June 27. The Town Board's approval is conditioned upon an effective date of August 15, 1996 or later. Also, the last sentence to Section 8.03 relating to minor subdivisions is new. It is my understanding that the Agreement is on tonight's City Council agenda. If the Agreement is approved, please contact me tomorrow to discuss its submission to the Municipal Board and other matters relating to its implementation. CAMPBELL, KNUTSON, SCOTT FUCHS, P.A. Thomas N Scott Andrea NIcDowell ro' hler Matthew- K. Brok1 Jahn F. Kelly Marguerite \1. McCarron George T. Stephenson Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT. ORDERLY ANNEXATION AND THE EXERCISE OF JOINT POWERS FOR PLANNING AND LAND USE CONTROL THIS AGREEMENT is made this day of 1996, "Effective Date between the City of Stillwater, Washington County, Minnesota "City") and the Town of Stillwater, Washington County, Minnesota "Town and is an agreement relating to growth management and constitutes a "Joint Resolption" between the City and Town authorized by Minnesota Statutes §414.0325 .providing for a procedure and a framework for orderly annexation of a part of the Town to the City. This Agreement also provides for the joint exercise by the City and Town of their respective planning and land use control authority pursuant to Minn. Stat. 471,59 and Minn. Stat. 414.0325 (Subd. 5). SECTION ONE INTRODUCTION 1.01 Certain land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities. Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses the City would ultimately be benefited by a broadened tax base and a more vital community and that urban growth in the annexation area would benefit the City. The Town has participated in a review of the City's Comprehensive Plan and has concluded that it would be beneficial to the Town, and to property owners remaining in the Town after annexation, to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the Town. 35667.01F 05/23/96 INTENT 1.02 The parties to this agreement intend it to be binding with all the rights, privileges, and obligations attached thereto. Both parties intend to be bound by this agreement and shall not violate its terms. Neither party shall exercise any legislative authority either now existing or which may be later created in a way which violates the terms of the agreement. Both parties understand that they may not limit the power of the legislature over annexation, and such is not their intent. Instead, the parties agree to refrain from exercising any legislative authority, now or into the future, in a way that would violate the terms of this agreement. INCLUSION INTO COMPREHENSIVE PLAN 1.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City shall adopt and forward to the Metropolitan Council a Comprehensive Plan Amendment incorporating the Orderly Annexation Agreement into the City's Comprehensive Plan. 35667.O1F 05/23/96 SECTION TWO ORDERLY ANNEXATION AREA 2.01 The property described in Exhibit "A" that is subject to annexation by the City pursuant to this Agreement will constitute t15'e "Orderly Annexation Area". This area includes all that area of the Town not now within the City that lies North of Highway 36, East of County Road 15 and South of Highway 96, except for that portion of the Town that lies North of the right -of -way of the Minnesota Zephyr Track and East of the Oak Glen development. The Orderly Annexation Area is designated as in need of orderly annexation and no consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries is appropriate, and all conditions of annexation have been provided for in this Resolution and the Minnesota Municipal Board may review and comment only and within thirty (30) days of receipt of this Resolution and each subsequent phase as described in this Agreement upon the filing of a Resolution as described in this Agreement. SECTION THREE PHASING SCHEDULE 3.01 The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the financial risk of extending core facilities into the Orderly Annexation Area by extending such facilities gradually rather than at one time. This would also allow for the burden imposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis. The _Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax base on the remaining Town government and easing financial and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents. For the purposes of this Agreement, the Orderly Annexation Area will be divided into four (4) phases described as follows: Phase I Description 3.02 Phase I contains that property described in Exhibit "B generally described as that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the following property that will remain as Phase IV property unless Annexation is requested by the property owner pursuant to Section 4.08 herein: -2- 35667.01F 05/23/96 a. The Bergman Farm, 1205 60th Street North Parcel Numbers 31- 030 -20 -32 -0001 and 31- 030 -20 -34 -0001 Owners: Alvin and Helen Bergman b. 1223 62nd Street North Parcel Number 31- 030 -20 -34 -0002 Owner: Paul Bergman c. 7143 Manning Avenue Parcel Number 30- 030 -20 -33 -0001 Owners: Robert M. and Ann S. Jordan d. 7135 Manning Avenue Parcel Number 30- 030 -20 -33 -0002 Owners: Ralph E. and Kimberly A. Stowell e. 6731 Manning Avenue Parcel Number 31- 030 -20 -23 -0001 Owner: Rosalie Gadient The Phase I also includes the Stillwater Golf Course. The approximate population of the Phase I area is Phase II Description 3.03 The Phase II property is the property described in Exhibit "C" commonly referred to as the Abramowicz Farm property, Rivard property and Newman property. Phase III Description 3.04 The Phase III property is the property described in Exhibit "D" and commonly referred to as the Palmer Farm property. This Agreement will not obligate the City to provide adjacency between the present City and the Palmer property and it will be the obligation of the Developer to provide adjacency before the Resolution on Phase III is enacted. Phase IV Description 3.05 The Phase IV property is that portion of the Orderly Annexation Area that is not included in Phases I, II or III. -3- SECTION FOUR TIMING OF ANNEXATION OF PHASES 4.01 Under no circumstances will the growth in the Orderly Annexation Area exceed a cumulative total of 120 dwelling units per calendar year measured from the year 1996 as year one. This limitation shall apply to the issuance of building permits. The City shall provide a written report to the Joint Board on July 15 and January 15 of each year commencing in 1997 identifying the number and location of building permits for new residential dwelling units issued during the previous six months. 4.02 Phase I property will be annexed to the Cii y after the execution of this Agreement. The Municipal Board shall order annexation of the Phase I property within thirty (30) days following receipt of this Joint Resolution. 4.03 Phase II property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 1999. 4.04 Phase III property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2002. 4.05 Phase IV property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2015. 4.06 The City may annex Phase II property prior to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation. 4.07 The City may annex Phase III property prior to January 1, 2002 provided that: a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units per year limitation; and b) that seventy-five percent (75 of the net developable area of Phase I property annexed to the City has been platted and developed into occupied residential dwellings. 4.08 The City is free to deny an annexation or extend the timing of a phase at any time at its sole discretion. This Agreement does not confer any rights upon any individual property owner to require the City to annex his or her property. 4.09 As an exception to the Phasing Schedule, the City may annex property not described in Phases I, II or III by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100 of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the one hundred twenty (120) dwelling units per year limitation. 35667.01F 05/23/96 -4- SECTION FIVE COMMERCIAL AND OTHER DEVELOPMENT 5.01 Commercial Development within the Annexation Area will be limited to the 6.3 acres of commercial property at the southeast quadrant of C.S.A.H. 12 and C.S.A.H. 15, and the Bergman and Bradshaw property along Highway 36 between County Road 5 and County Road 15. These are the only properties designated for commercial use in the City's Comprehensive Plan. 5.02 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a s zoning classification that will be described as "Village Commercial Zoning" or "Neighborhood Commercial" with separate guidelines, standards and design criteria designed to meld the 6.3 acre commercial area into the rural setting of the adjacent residential property remaining in the development and the Town as described in Exhibit "E 5.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification for the Bergman and Bradshaw properties to be known as the "Research and Development District" that will have standards and criteria consistent with the classification described in the Comprehensive Plan. The district will house office, light industrial and service uses in a coordinated planned unit development campus setting. 5.04 Agriculture will continue to be a permitted use in the areas re -zoned pursuant to this Section. SECTION SIX ASSESSMENT AND UTILITY POLICY 6.01 Concurrent with the adoption of this "Joint Resolution the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, water and street upgrading. The policy shall be as follows: a. Except as set forth in Section 6.04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook -up or utility charges if the property is not connected to public sanitary sewer. b. Except as set forth in Section 6.04, no property will be assessed for municipal water or required to pay water hook -up or utility charges if the property is not connected to the municipal water system. c. No property will be assessed for storm water improvements or required to pay storm water hook -up or utility charges prior to subdivision of the property. 35667.O1F 05/23/96 -5- 35667.01F 05/23/96 d. Any property which hooks -up to City sanitary sewer shall pay a hook -up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook -up to the system. e. Any property which hooks -up to City municipal water system shall pay a hook -up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook -up to the system. f. Property which is not being subdivided will not be assessed for the cost of street improvements necessitated by development occurring within the orderly annexation area. However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One. The property may be subject to additional deferred assessments payable if and when the property is subdivided. "Substandard" is determined by Township standards in effect prior to the annexation of Phase I. g. If a property hooks up to City sewer or water it will be charged for one hook- up as per Section 6.01 d and e regardless of whether the property can be further subdivided. Additional hook -up charges will be due at the time the property is subdivided based upon the hook -up -charges in effect at that time. 6.02 Concurrent with the City's adoption of this "Joint Resolution the City will adopt a sanitary sewer and water hook -up policy which includes the following provisions relating to property within the orderly annexation area: a. Prior to subdivision of the property, no property owner will be required to hook -up to the City's municipal water system. b. Prior to subdivision of the property, no property owner will be required to hook -up to the City's sanitary sewer system unless- hook -up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is initiated. A property owner will be permitted to upgrade or replace a failing system in accordance with MPCA standards. The City ordinance will not impose regulations that are more stringent than those required by the MPCA. 6.03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on -site system if the extension is not feasible or cost effective. -6- 6.04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners who subdivide their property. 6.05 The limitations in Sections 6.01 d and e will be annually adjusted commencing January 1, 1997 based upon the Consumer Price Index for Urban Consumers (CP -U). SECTION SEVEN REAL ESTATE TAXATION 7.01 Rural Tax Rate Adiustment. It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the flJll municipal rate would be burdensome. The City, therefore, will concurrent with the City's adoption of this "Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing District Ordinance to include: a. A rural service district that will include only parcels that are not connected to municipal sewer or water services. b. A rural service. tax rate that will be set at seventy-five percent (75 of the City Urban Service District rate. c. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation, the initial rural service tax rate in the year of annexation will be Fifty percent (50%) of the urban rate, with the percentage being increased five percent (5 each year to the seventy-five percent (75 rural service rate. 7.02 Tax Rate Adiustment for Parcels Not Requesting Annexation. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation and do not qualify for the rural service taxing district, the initial urban tax rate in the year of annexation will be fifty percent (50%) of the urban rate, with the percentage being increased 10 percent (10 each year for five (5) years to the full urban rate. 7.03 Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20%) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City. 7.04 Year of Annexation. If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year. If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy in the annexed area until the following year. 35667.01F 05/23/96 -7- SECTION EIGHT JOINT PLANNING AND LAND USE CONTROL 8.01 The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Town pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City's Comprehensive Plan. 8.02 The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Town Board members appointed by the Town Board of Supervisors. 8.03 The Joint Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City's Comprehensive Plan. The area north of the railroad tracks and east of the Oak Glen development and south of Highway 96 shall remain in the present conservancy zoning classification now in effect in the area. A zoning classification for the Bergman farm that is the same as the City's Research and Development Zoning District will be adopted in order to protect the area from development that would prevent or frustrate the eventual urban development of the farm as an Urban Research and Development Center. Nothing in this subsection shall preclude the Town's approval of a subdivision of a parcel .of land into three or fewer lots with a minimum lot size of 2.5 acres. 8.04 As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers: 35667.O1F 05/23/96 a. Approve amendments to the City's Comprehensive Plan relating to the Orderly Annexation Area; b. Approve the initial adoption of, amendments to, or variances from the City's official controls relating to the Orderly Annexation Area. c. Approve any special assessment and sanitary sewer and water hook -up ordinance or policy and any amendments for consistency with Section Six. d. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein. e. Review and comment on the consistency of any development application with City's Comprehensive Plan and Orderly Annexation Agreement. f. All matters subject to approval by the Joint Board as set forth in §8.04 (a), (b) or (c) shall be processed in the same manner by the City as any other such -8- g. matter. Any required public hearing before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board. Final action by the City relating" to matters described in §8.04;` Subd. (a), (b), (c) or (d) may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution "ADR in the form of mediation/arbitration "Med -Arb or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact aid Decision consistent with the Neutral's recommendation and supported by the administrative record developed by the City and Joint Board. The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue. h. Development applications subject only to review and comment by the Joint Board pursuant to Paragraph 8.04(e) herein shall be processed in the same manner as all other development applications except as follows: (1) The Joint Board shall meet before the Planning Commission completes its consideration of the application. Minutes of the Joint Board's discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing need be conducted at the Joint Board meeting; (2) The Town Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board's review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members. 8.05 "Official controls" means ordinances, regulations and policies which control the physical development of the city and use of land, or any detail thereof and implement the general objectives of the comprehensive plan, including ordinances establishing zoning, subdivision controls, site plan regulations and official maps. 8.06 The Joint Board will not be responsible for any staff time, consultant expenses or other costs incurred by the City and Town in connection with the processing and review of any matter which requires approval by the Joint Board. The Town and City will be responsible for paying their own employees, consultants and Joint Board members. Any expenditure incurred by the Joint Board, including the appointment of a Neutral to conduct ADR proceedings, if necessary, shall be apportioned seventy-five percent (75 to the City and twenty-five percent (25 to the Town. 35667.O1F 05/23/96 -9- 8.07 This Joint Powers Agreement shall terminate concurrently with the Orderly Annexation Agreement on January 1, 2020, except as follows: As to the matters set forth in Section 8.04 (b), (c) and (d) herein, the Joint Powers Agreement shall remain in effect so long as there are any Phase IV properties that are still entitled to the protection of Sections Six and Seven herein, pursuant to Section 16.01 herein. 8.08 Concurrent with the City's adoption of this Joint Resolution, the City shall amend, subject to the'second reading required by City Charter, its zoning ordinance to provide that property is zoned agricultural upon its initial inclusion into the City upon annexation. The Agricultural zone shall not allow any non agricultural commercial use. The owner of any property proposed'fo be annexed pursuant to Section 4.09 which has an existing non agricultural use shall agree to terminate the use as a condition of annexation. Nothing herein precludes the City, subject to Joint Board approval pursuant to Section 8.04 (b) herein, from rezoning the property to another use at the time of or subsequent to its annexation. 9.01 The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area. The standards will measure developer performance in the areas of financial responsibility, protection of the environment during construction, construction traffic management, compliance with established time tables and responsiveness to citizen complaints. Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards. 10.01 To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint City /Town Planning Task Force within the ordinances and policies of the City. These recommendations are adopted and made a part of this Agreement as Exhibit "F 11.01 The City agrees that environmental assessment worksheets will be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board. Further, the recommendations developed by the Stillwater Area Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly Annexation Area will be followed when feasible or when permitted by law. The Stillwater Area Open Space Committee Report prepared by Kathryn Malody, 35667.O1F 05/23/96 SECTION NINE PERFORMANCE STANDARDS SECTION TEN INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS SECTION ELEVEN ENVIRONMENTAL AND OPEN SPACE PRESERVATION -10- 1 i Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "G and the recommendation set forth in the study for sites within the Orderly Annexation Area must be made available to the Planning commission and City Council when any planning review is made of any proposed development within the Orderly Annexation Area. SECTION TWELVE INFRASTRUCTURE INSTALLATION WITHIN THE TOWNSHIP 12.01 When sewer and water trunk facilities will be extended through Town area in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board o the development plans. The City will copy the Town Board on any correspondence with Town property owners relating to easements or right -of -way acquisitions. SECTION THIRTEEN MAINTENANCE OF EXISTING INFRASTRUCTURE WITHIN TOWN 13.01 The Town will continue to maintain streets and other public improvements in the Annexation Area so long as they remain in the Town. If improvements are required in this area which are not necessitated by growth in the City Annexation Areas, the City will pay to the Town a portion of the cost of the improvement which extends the useful life of the improvement beyond the time at which the street or other improvements is projected to be annexed into the City. The City's portion of the cost will be prorated based upon the following formula: Useful Life After Cost of Improvement x Proiected Annexation Date City's Share Total Useful Life 13.02 If public improvements are required in the Orderly Annexation Area that remain in the Town and are necessitated by the growth occurring in an area annexed pursuant to this Agreement, the City shall pay the cost of the improvements, except for an amount approximating the cost of maintaining (e.g: patching, sealcoating, and overlays) the street to a Township rural standard under the policy in effect prior to the annexation of Phase One based upon average daily traffic that existed prior to Phase One. This amount will be the Town's responsibility. 13.03 Road maintenance costs for the Orderly Annexation Area remaining in the Town will be shared based upon the City assuming road maintenance cost increases over the base year 1995. The amount of maintenance costs equal to the base year 1995, annually adjusted by the appropriate construction cost index, will continue to be the responsibility of the Town. 35667.O1F 05/23/96 14.01 This Agreement may be modified at any time by written agreement approved by both the City and the Town, provided that the Resolution approving the modification be approved by 4 /5ths vote of both the City and the Town. 15.01 The words "shall" or "will" are mandatory'. The word "may" is permissive. 15.02 If any provision of this agreement is declared invalid, for any reason, by a court of competent jurisdiction, the validity of the remaining terms and provisions shall not be effected and the agreement shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid. By: 35667.O1F 05/23/96 Jay L. Kimble, Its Mayor SECTION FOURTEEN MODIFICATION SECTION 11F1'EEN GENERAL PROVISIONS SECTION SIXTEEN TERMINATION 16.01. This Agreement will terminate on January 1, 2020 in all respects, except that any Phase IV properties annexed subsequent to January .1, 2015, shall be entitled to the protection of the provisions of Sections Six and Seven for a period of five (5) years after the year of annexation. CITY OF STILLWATER TOWN OF STILLWATER ATTEST: ATTEST: Morli Weldon, Its Clerk Pat Bantli, Town Clerk -12- hairman of Its Boar of Supervisors os uk olor Q os d frasik x�7 s 5ti Zit 6 ;-9A c ���76� ir �g32 #36 on1a tzs. R %nears irk von ErS' sooicr Or detlig otes. .p ea b 50151#12 art ST ILLKASER 0091.1 R110011,014, un. 10. 1996- 1:31P1,1 MCCOMBS FRANK ROSS w r+A McCombs Frank Roos Rssoc;atess, Inc. 1SOSO 23rd Ave. N. Engineers ot...nuth. Ng. otsnnefs N 6168 3i13 r 0 v. R t rw CITY 1 TOWNSHIP OF STILLWATER ORDERLY ANNEXATION yCf2" CCO1BS YRA1iK ROSS, 1996.► 1:31Y�' w sty t 4' r 7N• ta• 2!6 2 ssn Ciat °s Tank Roos A n°LOSbm Five. Engineers 1505 23r 55447 Pi eaters .ti,_ n tc•Z'� t` t AVER OF STIt NEXAc.iflN 10. 1996^' 1:32Pk 3300 2. r STH #96 QJellwoQd Road 0.,', ;7 1 1110N ‘NNI :7 a.y• MCCOMBS FRANK ROSS "4. j ty. Road #64 (McKusiik) j .24 W a 4 1 Imo 244? 80th Street >>ti 1 ••5! TlcCoabs Frank Roos t5050 23rd Ave. N. Plymouth, KN. 55447 612/476 -6010 i 2/416 -8532. 7 Engineers Planners Surveyors 7=.1 LLY•t Associates, Inc. IN l i 7.• :7o NO t PHASE 111 nx. 7 2:12 2 -S4 N 37:3 v"omoo, ma; No. 6168 5/6 ZegS 1 1 2.1 t L 25 ;5 2 ern CITY TOWNSHIP OF STILLWRTER ORDERLY ANNEXATION AGREEMENT y es i• 405.4 7.72 ,t -pee- N. 3 'oco ,•wt 1 DTM /ds "g. Enclosure MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 MEMORANDUM r TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney DATE: August 30, 1996 RE: Development Contract with TCI I enclose, for the City Council's review, the latest draft of the Development Contract between the Territorial Coalition and the City with regard to the hotel project on the Maple Island Site. The draft incorporates changes suggested by Steve Russell, Diane Deblon and John Lang, except for a change requested by Mr. Lang that I have not included in the Agreement. Mr. Lang requests that §3.8.1(g) be changed to read as follows: The Redevelopers, their successors or assigns, shall have the right to require the City to reconvey the park parcel to the Redevelopers, their successors or assigns, if the City ever stops using the park parcel for public park land, at no cost to the Redeveloper, their successors or assigns. The provisions of this Agreement and the obligations of the City are intended to and will be appertained and run with and bind the land designated as a park parcel." I added §3.8.1(g) that is part of this draft in an attempt to satisfy the developers concerns that the City use the parcel for park purposes. If, however, the Council desires to honor Mr. Lang's request, I would be happy to insert his language in the Agreement This document was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 CONTRACT FOR PRIVATE REDEVELOPMENT Between THE CITY OF STILLWATER, MINNESOTA And TERRITORIAL COALITION, INC. A MINNESOTA CORPORATION Third Draft August 30, 1996 TABLE OF CONTENTS ARTICLE I Definitions Section 1.1. Definitions 1 ARTICLE II Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City 3 Section 2.2 Representations and Warranties by the Redeveloper 4 ARTICLE III Conveyance of Redevelopment Property Section 3.1. Conveyance of Redevelopment Property 5 Section 3.2. Time of Closing 5 Section 3.3. Consideration 5 Section 3.4. Title 5 Section 3.5. Additional Conditions to City Activities 6 Section 3.6. Limitation on City's Financial Obligations 6 Section 3.7. City Action Promised Prior to Conveyance 6 Section 3.8. The City's Promises and Covenants that will Survive the Closing 7 Section 3.9. Redevelopers' Covenants that will Survive the Conveyance of the Hotel Property 7 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements 8 Section 4.2. Construction Plans 8 Section 4.3. Commencement and Completion of Construction 8 Section 4.4. Certificate of Completion 9 Section 4.5. Indemnity 9 Section 4.6. Tax Increment Payments 9 ARTICLE V Insurance Section 5.1. Insurance 10 SCHEDULE A Description of Redevelopment Property SCHEDULE B -1 Redevelopment Deed (describing Hotel Parcel) [TO BE SUPPLIED] SCHEDULE B -2 Park Parcel [TO BE SUPPLIED] SCHEDULE B -3 Redevelopment Note and Mortgage [TO BE SUPPLIED] SCHEDULE C Assessment Agreement and Assessor's Certification SCHEDULE D Certificate of Completion and Release of Forfeiture SCHEDULE E Permitted Encumbrances [TO BE SUPPLIED] SCHEDULE F Guaranty WITNESSETH: CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, effective the 18th day of July, 1995, between THE CITY OF STILLWATER (the "City a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and TERRITORIAL COALITION, INC. (the "Redeveloper a Minnesota corporation. WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and isioverned by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124 469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has established a development program (the "Program pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District pursuant to the Municipal Development Districts Act; and has established Tax Increment Financing District No. 7 (the "Financing District and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, in order to achieve the objectives of the Program and Plan the City will acquire certain real property located in the District (the real property is more particularly described in Schedule A to this Agreement), and has determined to sell parts of the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of the Act. 2.1.3. The City will acquire the Redevelopment Property in accordance with the Plan and this Agreement and will sell and convey the Redevelopment Property to the Redeveloper upon which the Redeveloper will construct the Minimum Improvements. 2.1.4. (reserved) Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: t 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 2.2.2. The Minimum Improvements will be maintained as an allowed use under the zoning ordinance of the City. 2.2.3. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.4. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.5. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. 2.2.6. Contemporaneous with the execution of this Agreement, the principal owners will execute the Guaranty attached to this Agreement as Schedule F. 4 (i) Section 3.4. Title. Section 3.2. Time of Closing. Section 3.3. Consideration. II I ARTICLE III Conveyance of Redevelopment Property Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the Redevelopment Property to the Redeveloper pursuant to Article III of this Agreement if the following conditions are first satisfied with respect to the Minimum Improvements to be constructed thereon: the Redeveloper is not then in default under this Agreement; (ii) the conditions set forth at Section 3.5 have been satisfied or waived in writing; r 3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured), the City will execute and deliver to Redeveloper the Redevelopment Property Deed on the later of: (i) the conditions set forth in Section 3.5 have been satisfied; (ii) December 31, 1996; or (iii) on such other date as the City and the Redeveloper agree in writing. 3.2.2. Unless otherwise agreed by the City and the Redeveloper, the execution and delivery of all deeds and the payment of any purchase price will be made at the principal offices of the City. 3.3.1. The price to be paid to the City by the Redeveloper in exchange for the Redevelopment Property Deed, at the time and date of closing, will be one -half (1/2) the amount of what the City pays to Maple Island, Inc. as the acquisition price of the Redevelopment Property by note and secured mortgage both in the form set forth in Schedule B -3. 3.4.1. The City agrees that it will, on or before the date that the City delivers the Redevelopment Property Deed, review the state of title to the property and take any action reasonably necessary to render title to the parcel marketable. 3.4.2. The City will voluntarily take no action to encumber title to any parcel of the Redevelopment Property between the date of this agreement and the date on which the Redevelopment Property Deed for the parcel is executed by the City and delivered to the Redeveloper. 3.4.3. Reservation of Park Parcel. The City will reserve for municipal and city uses, the Park Parcel described in Schedule B -2. 5 Section 3.5. Additional Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to deliver the Redevelopment Property Deed unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by December 31, 1996. 3.5.1. The Redeveloper has funded mortgage financing sufficient for construction of the Minimum Improvements as set forth in Article VII of this agreement, the disbursement of which is subject only to the conditions the City may approve; and 3.5.2. The City has approved an arrangement for disbursement of funds by the Redeveloper or its lender that will insure the performance of the ReSeveloper's obligation to construct the Minimum Improvements and the payment of liens or claims related to the furnishing of labor or material furnished in connection with the construction on the Minimum Improvements. 3.5.3. The Redeveloper has submitted to the City executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.5.4. The Redeveloper has received a design permitting special use permit, subdivsion approval and building permit as requested by the Heritage Preservation Committee "HPC the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, the Fire Chief and the City Council. Section 3.6. Limitation on City Financial Obligations. 3.6.1. In no event will the City be obligated to expend any more funds than the tax increment expressly described in this agreement. Section 3.7. City Action Promised Prior to Conveyance. 3.7.1. The City will take the following action in a timely manner prior to making the conveyance to the Redevelopers: a. Approve a subdivision of the property that will allow conveyance of the hotel parcel to the Redevelopers and the retention of the park parcel by the City; b. Use its best efforts to secure a release of the Minnesota Department of Transportation Easement and a conveyance of any part of the total property that is owned by the Minnesota Department of Transportation other than the portion of the property actually needed by the Minnesota Department of Transportation for the right -of -way of State Trunk Highway 95; and c. Insure the buildings and other structures on the property against all risks for fire, wind storm and damage to the full insurable value thereof and in the event of any destruction and the receipt of insurance proceeds by the City, pay over the proceeds to the Redeveloper at the closing, provided the Redeveloper is otherwise entitled to a conveyance pursuant to this Agreement. 6 Section 3.8. The Citv's Promises and Covenants that will Survive the Closing. 3.8.1. The City covenants that the following actions will be taken and be continuing after the closing and during the term of this Agreement: a. The park parcel above the hotel site wall will be maintained by the City at a level of maintenance that will not interfere unreasonably with the hotel use; b. No building structures or landscaping will be constructed by the City on the park parcel that will block, interfere with or impede the view from the hotel parcel of the riverside view without the Redevelopers consent, which consent will not be unreasonably withheld; c. Grant to the Redevelopers easements needed for access to the hotel parcel across the park parcel and any easement needed for conveyance of utilities and storm water; d. The City will not allow any buildings or structures to be erected on the park parcel above the wall without the written consent of the Redevelopers, which consent will not be unreasonably withheld; e. If the Redevelopers, at their expense, construct storm water holding facilities that are designed to hold storm water run -off from off -site and not generated by the hotel property (the public costs) and subsequently the City improves the Elm Street drainage area, the hotel parcel will be relieved from that part of any resulting assessment that the hotel parcel would otherwise be obligated to pay equal to the public costs previously incurred. If the public costs exceed the assessment amount that the hotel parcel would otherwise be obligated to pay, the City will pay over the excess amount to the Redevelopers at the time the assessment for the drainage area is levied; f. Issue to the Redevelopers or their designees, in sufficient time for the opening of the hotel, the intoxicating on -sale liquor license that has been made available to the City pursuant to Chapter 270 of Laws 1996 subject to the payment of the required liquor license fee; and Hold the park parcel for park, open space and related uses consistent with the limitations regarding any change of use restrictions contained in the City Charter. Section 3.9. Redevelopers' Covenants that will Survive the Conveyance of the Hotel Property. 3.9.1. The Redevelopers promise the following continuing actions that will survive the conveyance of the hotel property to the Redevelopers: g. a. Allow public parking use of the hotel parking lot on any portion of the parking constructed by the Redevelopers that exceeds 275 spaces and any parking required by the developer for the needs of future phases and other public parking mutually agreed to that will not interfere or impede hotel operations; b. Grant to the City any easements needed for municipal utilities and storm water drainage provided that the assessments will not unreasonably interfere with the hotel use; and c. Maintain without cost to the City the area below the Prison Wall except for costs associated with storm drainage emanating from off -site. ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Imp *ovements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. Chan ces. 4.2.1. If the Redeveloper desires to make any change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications may be approved by the Community Development Director. Any substantial modifications must be approved by the City Council and the committee or authority that granted the permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City, whether the Community Development Direct, the Council or any committee or authority, must approve the proposed change and notify the Redeveloper in writing of its approval. Section 4.3. Commencement and Completion of Construction. The Redeveloper must commence construction of the Minimum Improvements within seven (7) days after delivery of the Redevelopment Property Deed, or on the date the parties agree in writing. The Redeveloper must complete the construction by February 28, 1998. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. 8 Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certifying. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 4.4.2. The certificate provided for in Sectiorf4.4 of this Agreement must be in a form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City refuses or fails to provide any certification in accordance with the provisions of Section 4.4 of this Agreement, the City must, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction will be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon which a certificate of occupancy is issued. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. Section 4.6. Tax Increment Payments. Provided that the Minimum Improvements are substantially completed by December 31, 1997, the City agrees to pay in equal installments, during the following twelve (12) years beginning on September 1, 1999, and again on March 1, 2000, (the "Scheduled Payment Dates and each September 1 and March 1 thereafter for twelve (12) years, a sum equal to the lessor of $69,500 or the available tax increments generated by the Minimum Improvements; the "Scheduled Payments." If the Minimum Improvements are not completed by December 31, 1997, and the City grants an extension of the completion date to the Redevelopers, the dates for payment of available tax increments will begin September 1st of the first year taxes are payable resulting from the full assessment of the Minimum Improvements and continuing for twelve (12) years thereafter. Each payment will be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper c/o John Lang, Esq., Messerli Kramer, P.A., 1800 Fifth Street Towers, 150 South Fifth Street, Minneapolis, Minnesota 55402 -4218. The Redeveloper by notice to the City may designate different addresses to which the payments will be sent. The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only to the extent that the City has received as of the Scheduled Payment Date Available Tax Increments, as defined in this Contract, received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment property. This obligation is not payable from or will it constitute a charge upon any funds of the City, and the City will not be subject to any liability or be deemed to have obligated itself to pay from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Redeveloper will never have or be deemed to have the right to compel any exercise of any taxing power of the City. Section 5.1. Insurance. ARTICLE V Insurance 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's Risk Insurance, written on the so- called "Builder's Risk— Completed Value Basis," in an amount equal to one hundred percent (100 of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to accomplish the above required limits, an umbrella excess liability policy may be used). (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above must be in form and content satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause (i) above will contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.2. Upon completion of construction of the Minimum Improvements and prior to the Maturity Date of the Redevelopment Mortgage, the Redeveloper must maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City must furnish proof of payment of premiums on, insurance as follows: (i) Insurance against loss and /or damage to the Minimum Improvements under a policy or policies covering the risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse 10 and flood in an amount not less than the full insurable replacement value of the Minimum Improvements, but any policy may have a deductible amount of not more than $25,000. No policy of insurance may be written so that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co- insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" means the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) and equipment, and will be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer, selected and paid for by the Redeveloper and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements must be carried in the names of the Redeveloper and flit City as their respective interests may appear and must contain clauses which provide for Net Proceeds of insurance resulting from claims per casualty thereunder to the Minimum Improvements to be made payable in accordance with the terms of any approved Mortgage, or if no Mortgage, in trust for the benefit of the Redeveloper and it as their intent may appear. The City and the Redeveloper must agree on the amount of settlement. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non -owned and hired automobiles, against liability for injuries to persons and /or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability not arising from ownership or operation of automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each occurrence and for each year for liability arising out of ownership or operation of automobiles (or other motor vehicles). (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Redeveloper engaged in work with respect to the construction of the Minimum Improvements, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self insured with respect to all or any part of its liability for worker's compensation. 5.1.3. All insurance required in Article V of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy must contain a provision that the insurer will not cancel nor modify it without giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Redeveloper must furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V of this Agreement, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper will deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding 11 $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) clays after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged MinimumImprovements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. 5.1.5. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of: (1) A certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE VI Real Pronertv Taxes and Assessments Section 6.1. Real Pronertv Taxes. 6.1.1. The Redeveloper must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments payable therewith and thereafter. 12 Section 7.1. Financing. ARTICLE VII Financing 7.1.1. The Redeveloper must have submitted evidence of a commitment for financing that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: (a) for the purposes of obtaining funds only to the extent necessary for constructing and operating the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies), and (b) only upon the prior written approval of the City; and (c) operating agreements. Section 7.3. Approval of Mortgage. The City will approve a permitted Mortgage if: (a) the City first receives a copy of all mortgage documents; (b) the City determines, in its sole discretion, that the mortgagee is a responsible lender capable of and authorized to make the mortgage loan; (c) the City determines that the mortgage loan, together with other funds available to the Redeveloper, will be sufficient to construct Minimum Improvements; (d) the City determines that no Event of Default has occurred; and (e) the City determines that the terms of the Mortgage conform to the terms of Article VII of this Agreement. The approval of the City will not be unreasonably withheld. Section 7.4. Copv of Notice of Default to Mortgagee. Whenever the City delivers any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City will at the same time forward a copy of the notice or demand to each Holder of any Mortgage authorized by the Agreement at the last address of the Holder shown in the records of the City. 13 Section 7.5. Mortanee's Option to Cure Defaults. After any breach or default, each Holder must (insofar as the rights of the City are concerned) have the right (but not the obligation), at its option, to cure or remedy the breach or default (or the breach or default to the extent that it relates to the part of the Redevelopment Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage: Provided, That if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement will be deemed to permit or authorize the Holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Minimum Improvements on the Redevelopment Property or the part thereof to which blle lien or title of the Holder relates. Any Holder who will properly complete the Minimum Improvements relating to the Redevelopment Property or applicable part thereof will be entitled, upon written request made to the City, to a certification by the City to such effect in the manner provided in Section 4.4 of this Agreement, and any such certification will, if so requested by the Holder, mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Redevelopment Property that the City will have or be entitled to because of failure of the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to cure or remedy any default with respect to the construction of the Minimum Improvements on other parts or parcels of the Redevelopment Property, or because of any other default in or breach of the Agreement by the Redeveloper or a successor, will not apply to the part or parcel of the Redevelopment Property to which such certification relates. Section 7.6. Citv's Ontion to Cure Default on Morteaee. In the event that the Redeveloper is in default under any Mortgage authorized pursuant to this Article VII of this Agreement, the mortgagee, within ten (10) days after it or any of its agents or employees become aware of any such default and prior to exercising any remedy available to it due to the default, must notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If, within thirty (30) days after receipt of the notice, the City cures any monetary defaults under the Mortgage and commences the actions necessary to cure any other default (and cures the other default within six (6) months after receipt of the notice), then the mortgagee will pursue none of its remedies under the Mortgage based upon the default of the Redeveloper. In the event of a transfer of the title to the Redevelopment Property to the City, or a third party approved by the City, whether or not required to cure a default under the Mortgage, the transfer will not constitute an event of default under the Mortgage unless the security of the mortgagee has, in fact, been impaired by the transfer. In the event of the transfer (which does not impair the security of the mortgagee), the mortgagee must permit the transferee to assume all outstanding obligations (and receive all remaining disbursements) under the Mortgage and the loan secured by the Mortgage. The City will not approve any mortgage, pursuant to Article VII of this Agreement, which does not contain terms which conform to the terms of this Agreement. The City may modify any of the terms or requirements of this Agreement with the mortgagee of any Mortgage without the approval or consent of the Redeveloper after obtaining possession. Section 7.7. Modification for Benefit of Mortgages. In order to facilitate the Redeveloper's obtaining of financing for construction of the Minimum Improvements the City agrees that it will consider reasonable modifications of this Agreement if requested by a prospective lender and if the City, in its reasonable discretion, determines that the modification(s) will adequately protect the legitimate interests and security of the City in the Redevelopment Property and Minimum Improvements and under this Agreement. This provision may not be construed to compel or require the City to consent to any 14 modification. ARTICLE VIII Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purptsse of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 8.2. Prohibition Against Transfer of Property and Assienment of Agreement. Also, for the foregoing reasons the Redeveloper represents and agrees that: 8.2.1. Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under the Agreement, and only if such fmancing has been approved by the City, the Redeveloper (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof or any interest therein, or any promise or agreement to do any of the same, without the prior written approval of the City. 8.2.2. The City will be entitled to require as conditions to any approval that: (i) Any proposed transferee has the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Redevelopment Property, the obligations to the extent that they relate to that part). (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or relates to part of the Redevelopment Property, such obligations, conditions, and restrictions to the extent that they relate to that part) even if the Redeveloper agrees to continue to fulfill those obligations: Provided, That the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment 15 Property, or any part thereof, shall, for whatever the reason, not have assumed any obligations or so agreed, will not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from said obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Redevelopment Property or the construction of the Minimum Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, will operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Redevelopment Property and the construction of the Minimum Improvements that the City would have had, had there been no transfer or change. (iii) There will be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval will be indicated to the Redeveloper in writing. In the absence of specific written agreement by the City to the contrary, no transfer or approval by the City thereof will be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. Section 8.3. Approvals. Any approval required to be given by the City under this Article VIII of this Agreement may be denied only in the event that the City reasonably determines that the ability of the Redeveloper to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. (Intentionally left blank.) 9.1.3. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.4. Failure by the Redeveloper to satisfy all conditions precedent to City action by December 16 31, 1996. 9.1.5. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article IV of this Agreement. 9.1.6. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any condition of approval or any City approval required by §3.5.4. of this Agreement. 9.1.7. The Holder of any Mortgage exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity in the event of a default in any of the terms or conditions of the Mortgage. 9.1.8. The Redeveloper makes any changes to the Construction Plans without approval of the Grantor of any permit or approval described in §3.5.4. of this Agreement. 9.1.9. The Redeveloper constructs Minimum Improvements that are different from the Minimum Improvements described in the approved Construction Plans. Deed. 9.1.10. The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; (ii) makes an assignment for the benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take any one or more of the following actions: 9.2.1. Suspend its performance under the Agreement and refuse to deliver the Redevelopment 9.2.2. Terminate this Agreement. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 17 Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper c/o John Lang, Esq., Messerli Kramer, 1800 Fifth Street Towers, 150 South Fifth Street, Minneapolis, Minnesota 55402 -4218; and (b) in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; r or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.6. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. THE CITY OF STILLWATER, MINNESOTA By Jay L. Kimble, Its Mayor By Morli Weldon, Its City Clerk TERRITORIAL COALITION, INC., a Minnesota Corporation By John Lang, Its Chief Financial Officer 19 Section 9.3. Revestin¢ Title in City Upon Happening of Event Subseauent. In the event that subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion: 9.3.1. The Redeveloper fails to begin construction of the Minimum Improvements in conformity with this Agreement by January 7, 1997, or fails to substantially complete construction of the Minimum Improvements by February 28, 1998. Section 9.4. No Remedy Exclusive. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article IX. Section 9.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE X Additional Provisions Section 10.1. Conflict of Interests: City Representatives Not Individually Liable. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity_. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Provisions Merged With Deed. The provisions of this Agreement are intended to and will be merged with the Deed transferring any interest in the Redevelopment Property and the obligations of the Redeveloper will be appurtenant and will run with and bind the land. Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. 18 STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of 1996, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Morli Weldon, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of 1996, before me, a Notary Public within and for said County, appeared John Lang, Chief Financial Officer of Territorial Coalition, Inc., a Minnesota Corporation, to me personally known who, being duly sworn, did say that he is the individual named in the foregoing instrument and that this instrument was signed as the free act and deed. This instrument was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 612 -439 -9464 ss. ss. Notary Public Notary Public D MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Lily Lake arena management agreement DA: August 30, 1996 Recommendation: Discussion: The Park and Recreation Commission reviewed the Lily Lake Ice Arena management issue at their meeting of August 26th. St. Croix Catering and the St. Croix valley Hockey Association were considered for the 1996/97 ice season. The Commission voted 4 to 3 to recommend the management contract be awarded to St. Croix Catering. I would endorse the decision of the Commission and would recommend that the Council approve the attached proposed agreement between the City and St. Croix Catering. The agreement includes a $560 increase in the fees to be paid for managing the ice arena operations (i.e., $12,000 per year). Approval of attached Lily Lake Ice Arena management contract. '//(;)C LEASE This agreement, entered into this 1st day of October, 1996, by and between the City of Stillwater, a municipal corporation of the State of Minnesota, hereinafter called "City and St. Croix Catering, Inc., a Minnesota Corporation of Stillwater, Minnesota, hereinafter called "Tenant witnesseth: WHEREAS, City is the owner of the premises commonly known as the Lily Lake Ice Arena (the "Arena WHEREAS, Tenant is desirous of leasing de Arena to Tenant for the operation of a skating rink; NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties mutually agree: 1. Demised nremises and nronerty: the Lily Lake Ice Arena (as the area is described in Exhibit "A and that personal property described in Exhibit "B 2. Term of agreement. The term of this agreement shall be for a period of one year commencing on October 1, 1996 and terminating on September 30, 1997, unless sooner terminated as hereinafter provided. 3. Rental. Tenant shall pay as rental: (a) The basic yearly rental of $12,000 payable monthly. (b) Four and one half percent (4.5 of the increase in gross sales over the base period which is the same period of the 92 -93 season. The rentals shall be paid at the office of City Treasurer in the following manner: (a) The basic monthly rental shall be payable in advance on the first day of each and every month. (b) In the event that the total gross sales exceeds the base period, that percentage rental shall be paid within thirty (30) days after the end of the month in which it was exceeded. All checks shall be made payable to the City of Stillwater and any overdue rent shall bear interest at the rate of 8 percent (8 per month, and in addition any rent more than 15 days overdue shall result in a penalty of 10% of the amount due which shall be payable as additional rent. 1 C 4 Failure to pay the rent when due shall constitute a breach of the agreement and shall be grounds for termination of the agreement by City. 4. Gross income statement. Tenant shall present a statement of the gross income of the Tenant for the month at the office of the City Treasurer within 15 days after each month. Failure to comply shall constitute a breach of this agreement. 5. Inspections of records. Tenant shall keep accurate records of all sales and receipts in accordance with the bookkeeping systems as City may approve; and City shall have the right to inspect the books, records and inventories of the Tenant at any reasonable time for the purpose of ascertaining the correct amounts due the City under the terms of this agreement. 6. Scone of lease. Tenant shall provide ice time to the general public without discrimination as to race, color or creed. Sales shall be limited to ice time, food items, and restricted to soft drinks served in paper cups, coffee, tea, shaved ice, candies, light lunches, sandwiches, popcorn, peanuts, ice cream products, and such similar items. The price charged by Tenant for ice time, services, food and drinks shall be reasonable and shall not be in excess of prices prevailing elsewhere for the same kind and quality of service and shall be subject to the approval of the Stillwater Recreation Commission. At no time shall Tenant sell or give away any alcoholic beverages, or allow any alcoholic beverages to be consumed on the premises. Tenant shall not allow any person to live or sleep on the premises, nor shall it permit disorderly persons to remain upon or loiter within the premises. Tenant shall not use or permit the premises to be used for any other purpose, or for any unlawful, immoral or indecent activity. Tenant shall confine its activities to the area rented by it under the terms of this agreement. 7. Alteration, repair or improvements. Tenant shall not make any alterations, repairs, or improvements to the building or to the area immediately surrounding the building without obtaining the prior written consent of the City. Requests to make any alterations, repairs, or improvements shall be in writing. Any such permitted alterations, repairs, or improvements shall be made at the expense of Tenant and shall be come the property of the City. 8. Maintenance of Property and Responsibility for Damage. Tenant shall be responsible for the reasonable and proper care of the Ice Arena building. It shall repair, or cause to be repaired, any damages to the property or equipment caused by itself, its employees, agents, guests or patrons. Tenant shall keep and maintain the building in a clean and sanitary condition and shall comply with the rules and regulations of the Washington County Board of Health. Tenant shall be responsible for the proper removal of all garbage and refuse from the premises in a timely manner at its own cost. 9. Utilities, taxes and other charges. Tenant shall contract for and pay for all utility services, taxes, or other charges incurred or assessed against the operation of the demised premises during the term of the lease. 10. Snow Removal. City shall be responsible for plowing the parking lot, and the Tenant shall be responsible for all other snow removal. 11. Compliance with laws. Tenant shall obaerve and comply with all laws, statutes, ordinances, rules and regulations of the United States Government, the State of Minnesota, the City of Stillwater and the County of Washington, or any department or agency of the above. 12. Eauipment. The equipment defined in Exhibit B is leased to the Tenant in an "as is" condition, without warranty or promise to the Tenant as to its fitness for any purpose. 13. Hours of operation. Tenant may operate the Arena during any hours of the day without limitation, however the tenant shall remain open and shall honor all contracts for ice time made by the City with users and assigned to the tenant as part of this agreement. Tenant shall maintain the open skating schedule and the figure skating schedule that has been established by the City during the term of this agreement. 14. Destruction of premises. If during the term of this agreement the demised premises are destroyed or damaged by acts of God, war or other catastrophe, so that the same is unfit for occupancy or use, the rentals shall abate until such time that the premises shall have been duly repaired and restored by City, whereupon the lessee at its option may terminate this lease or continue thereunder pursuant to the terms and conditions of this agreement. A prorated portion of any rental prepaid, prior to the destruction or damage as is contemplated by this paragraph, shall be refunded for the period Tenant was not allowed the use of the premises. 15. Sublettine and assienments. Tenant shall not sublet the whole or any part of the premises, nor assign, hypothecate, or mortgage the lease or any or all of its rights hereunder without the prior written consent of the City. 16. Duty to City. Tenant shall use its best efforts to insure that the public using the premises is treated in a fair and courteous manner. Further, the Tenant shall use its best efforts to promote the sale of ice time and to meet and accommodate users and scheduling of contract ice time at all times during the term of this lease, even after it has determined not to renew this lease. Tenant shall honor the priority that the City has given to ISD #834 and the St. Croix Valley Hockey Association with regard to scheduling and price. 17. Indemnity. Tenant shall so conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless City and all 3 of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of Tenant, its agents, officers, employees, guests, patrons, or any person or person admitted to the premises are used by or under the control of Tenant. 18. Insurance. Tenant shall purchase and maintain the following insurance during the term of the agreement: (a) Public liability insurance in an amount not less than $200,000 for injury to one person in one accident and $600,000 for injury to more than one person in one r accident. (b) Property damage insurance in an amount not less than $1,000,000. (c) Fire insurance in an amount equal to the replacement value of the building and the improvements thereon, as approved in writing by the director of finance. All insurance required herein shall be secured from an insurance company or companies which shall have been approved by the director of finance and the office of the city attorney, and shall name City as an additional insured therein. All insurance premiums shall be the obligation of, and shall be paid by, Tenant. All insurance policies and evidence of the initial payments made thereunder shall be delivered to the director of finance at the signing of this agreement, and shall be held by City for the term of this agreement. During the term of this agreement, Tenant shall also deposit with City all evidence of additional premium payments made under the policies. Each insurance policy shall contain a clause whereby the insurance company shall agree to give written notice to the director of finance ten (10) days prior to any cancellation or alteration of the policy. In the alternative to this coverage, the Tenant may provide other alternative coverage such as a combined single limit policy as is approved by the office of the City Attorney. 19. Breach of contract. In the event of any breach of any of the terms or provisions of this agreement, City shall have, in addition to any other recourse, the right to terminate this agreement, to enter and obtain possession of the entire premises, to remove and exclude any and all persons from the premises, and to remove and exclude all property of Tenant therefrom, all without service of notice or resort to legal process and without any legal liability on its part. 20. Inspection by City. City shall have the right to make inspections at any reasonable time to insure compliance with this agreement. 21. Surrender of premises upon termination. Upon the termination of this agreement, Tenant shall peaceably surrender and deliver up possession to City of the demised premises, including all improvements or additions thereto, in good order and condition, reasonable wear and tear excepted. 22. Termination. This agreement shall terminate for a breach of any condition, and, if not before, one year from the effective date. If either party desires to renew this lease for additional periods, it must send notice of its intention to do so to the other party at least 90 days prior to the termination date. Negotiation for a renewal period must be complete at least 30 days prior to the termination date unless both parties agree to a later date in writing. Neither party is under any obligation to renew. STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON) STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON) 5 CITY OF STILLWATER Jay L. Kimble, Mayor Morli Weldon, City Clerk ST. CROIX CATERING, INC. By Its By Its The foregoing instrument was acknowledged before me this day of 1996, by Jay L. Kimble, Mayor, and Morli Weldon, City Clerk, on behalf of the City of Stillwater. NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of 1996, by on behalf of St. Croix Catering, Inc. NOTARY PUBLIC ATTEST: MAGNUSON LAW OFFICE ORDINANCE NO. 6124395641 P.02 AN ORDINANCE AMENDING CHAPTER 56 OF THE STILLWATER CITY CODE ENTITLED TAXES AND ASSESSMENTS The City Council of the City of Stillwater does ordain: 1. Chapter 56 of the Stillwater City Code entitled Taxes and Assessments, Section 56.01 thereof entitled URBAN AND RURAL TAXING DISTRICTS is hereby amended by adding Subdivisions 7, 8 and 9 that will hereafter read as follows: "Subd. 7. There is hereby established, in addition to the Rural Service District now existing within the City, Rural Service Districts that will hereafter be known as Orderly Annexation Rural Service District A and Orderly Annexation Rural Service District B. The purpose of establishing these Rural Service Districts is to implement contractual obligations made by the City in an Orderly Annexation Agreement made between the City and Town of Stillwater effective August 16, 1996. Subd. 8. The District known as Orderly Annexation Rural Service District A will include any parcel of land that is annexed pursuant to the Orderly Annexation Agreement that has not requested annexation and is not connected to municipal sewer or water services. The rate for Orderly Annexation Rural Service District A is established at seventy -five percent (75 of the rate in effect for the Urban Service District of the City. In order to ease the burden associated with annexation, however, the rate for the year of annexation as defined in the Orderly Annexation Agreement will be fifty percent (50%) of the Urban Service District rate and the rate will thereafter be increased by five percent (5 per year until the effective rate for property within Orderly Annexation Rural Service District A reaches seventy -five percent (75 of the Urban Service District rate. Subd. 9. The District known as Orderly Annexation Rural Service District B will include any parcel of land that is annexed pursuant to the Orderly Annexation Agreement that has not requested annexation and is connected to municipal sewer or water services. The rate for Orderly Annexation Rural Service District B is established at the rate in effect for the Urban Service District of the City. In order to ease the burden associated with annexation, however, the rate for the year of annexation as defined in. the {orderly Annexation Agreement will be fifty percent (50%) of the Urban Service District rate and the rate will thereafter be increased by ten percent (10%) per year until the effective rate for property within. Orderly Annexation Rural Service District B reaches one hundred percent (100 of the Urban Service District rate. In all other ways, the Stillwater City Code shall remain in full force and effect. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of September, 1996. Jay L. Kimble, Its Mayor Morli Weldon, Its Clerk r MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director /L--- DA: August 29, 1996 RE: RESIGNATION AND COMMENDATION OF ROB HAMLIN PLANNING COMMISSION Attached is Rob's letter of resignation. Rob has faithfully represented the city for twelve years as a planning commissioner. Rob's unexpired term will end December 1997. The council may want to advertise for a replacement. A map has been provided showing the residential location of exiting commission members. Recommendation: Approve resolution of commendation and direct staff on replacement for planning commissioner. August 12,1996 Mayor Jay Kimble City of Stillwater Dear Mayor, I want to thank you and the previous mayors who have allowed me to serve the city in the capacity of Planning Commissioner. I have had some enjoyment during the past 13 years serving on this body and now think it time to move along and allow others to learn and share in the citizen management of the City. Much has happened since 1 joined the commission in 1983. I have seen the City and Stillwater Township. interact and observed results over time. It tends to make one old feeling recounting history, but I think you have done well to formulate the pact at hand and wish you best of luck in managing it to conclusion. Effective 8 -12 -96 I wish to resign my appointment to the Planning Commission. Sincerely, Rob Hamlin 1317 N. Broadway Stillwater, MN. I:IJ1•lI AIM ILIIItis/. I ALI I N!'uoti 1r:tsilI 1 Com, CL:aON•.lL NJIJIa®.. 4ANI:M IILE .i.r i I. IL111/303111,WelpaNw Long lak. 0 Swenson 0 ;r7 Oak Glen C OakGien 0 Cresent h` otf Alder Oak Glen O C Johnson Si Q �Hazetl tIACK d C u L Witbw °6 I !Poplar St! y \c River Hts Arntuldst Tr/ Midge Ln o n Dallager Moore I St m. PI Wy amore 40 a c s Amundson .!Ave t+ a Cr a, !Croix LeKuiet 'f Lake 9p. Stillwater I 'o 9 c R Wilkins c. Aspen N n P Orleans N c� Everett_ 64th StI d Slde R a t Upper 63rd St •Curve Crest BIB j i0 P c St ¢2nd St Tower I Or W m o 66 Q9 y g et 0:1 St r< B O O ©g z m s Note: bap ddaa not Intend 10 idol ao emote. 1 State Park 2. Museum 3. Pioneer Park STRIWATER MAP 9. Ramsey Grove Park 10. Meadow Lark Park 11 Parks Anderson L �A I Ia, 0 1 City o6 S tiff watch, Litt ipftesota Ccitij o f Lppkeeiation presented to ROBERT HAMLIN r RESOLUTION NO. 96 -213 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his faithful service as a member of the Stillwater Planning Commission, Robert Hamlin, be, and here is hereby commended; that recognition be given to the fact that for the period of twelve (12) years he has served the City faithfully, efficiently and courteously. The Council regrets that Robert Hamlin is resigning his position with the Planning Commission and extends to him its best wishes for the future. BE IT FURTHER RESOLVED, that the city clerk be, and is hereby authorized and directed to spread this resolution upon the official record of proceedings of the Council and to deliver a certified copy to the said Robert Hamlin. Adopted by the Council this 3rd day of September 1996. 30e ARTICLE XIV. AMENDING. Charter Section 14.03 (Library Board) "Appointment and Removal" is amended to hereafter read as follows: "14.03 Appointment and removal. Appointment to and removal from the Board shall be pursuant to Section 15.08 of this Charter." ARTICLE XV. AMENDING. Charter Section 15.07 (Charter Commission) "Appointment of Charter Commission Members" is added to hereafter read as follows: "15.07 Appointment of Charter Commission Members. Notice of vacancies on the Charter Commission must be published in the City's official publication and mailed to all Charter Commission members a minimum of ninety (90) days prior to the expiration of a Charter Commission member's term or upon a vacancy occurring on the Commission. Thervacancy must be filled by appointment of the Chief Judge of the Tenth Judicial District pursuant to Minnesota Statutes 410.05, and if the Chief Judge fails to appoint new commission members within thirty (30) days, then thereafter the City Council may appoint new members unless, within the thirty (30) day period, the Chief Judge indicates in writing to the City Council an intention to appoint new members, in which case the Chief Judge will have an additional sixty (60) days to make the appointment." ARTICLE XV. AMENDING. Charter Section 15.08 (Boards and Commissions in General) "Annointment to and Removal from all other Boards and Commissions" is added to hereafter read as follows: "15.08 Appointment to and removal from all other Boards and Commissions. Except for the Charter Commission or where the method of appointment is controlled by State law, appointment to Boards and Commissions must be made by majority vote of the Council, however, removal must be by 4 /5th vote of the Council." ARTICLE XV. AMENDING. Charter Section 15.09 "Notice of Vacancies" is added to hereafter read as follows: "15.09 Notice of Vacancies. Notice of vacancies on Boards and Commissions must be published in the City's official publication a minimum of thirty (30) days before a vacancy is filled." Adopted by the City Council of the City of Stillwater this 21st day of Ma v 1996. Published Stillwater Gazette May 29, 1996 J4)i 4,, Mayor/ ATTEST: Morli Weldon, Clerk MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director yi DA: August 29, 1996 RE: NEGOTIATION FOR PURCHASE OF RAILROAD LAND For the past two years, staff has been discussing the purchase of various remaining railroad owned lands in downtown Stillwater. The city currently leases the river parking lot between Nelson and Chestnut from the railroad as well as land west of Mulberry Point. Recently, the railroad removed a spur line on the east side of the main track in the area of the Stillwater Yacht Club. The purchase concept currently being considered is for the city to obtain all railroad land and to grant back an easement to the railroad for use as long as they need the line. This approach would have the benefit of the city ultimately controlling the land under the railroad when it is available rather then leasing and having to negotiate for purchase each time railroad land is determined excess. The importance of the railroad land through the middle of downtown will not change for the city and the railroad is willing at this time to sell the underlying land right to the city. To continue negotiations with the railroad, the city needs to establish a reasonable value of the land. To do this, an appraiser will need to establish a value for the property. After we get the appraisal, the value can be presented to the council to see if we want to pursue purchase and determine a source of funding. Recommendation: Direct staff to obtain an appraiser of the railroad land and to develop financing options for purchase of the land. Attachment: Letter of 7 -12 19 -96 from Bruce Opp, Catellus Management Corporation July 12, 1996 CATELLUS MANAGEMENT CORPORATION 4105 N. Lexington Avenue, Suite 200 Arden Hills, Minnesota 55126 612- 782 -3002 612- 782- 3010(fax) Mr. Steve Russel Community Development Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Dear Steve: Over the past months, we have been discussing the potential sale of Burlington Northern Railroad land within the community of Stillwater. Our last conversation related to whether or not a transfer could be considered for of all of the railroad's remaining right of way, subject to the Burlington Northern and Minnesota Commercial retaining rights for the continued maintenance and operation of the trackage if the need for such operations was required in the future. I have reviewed this proposal with the Burlington's Operating and Engineering Departments and have obtained favorable recommendations to consider such a transfer. I have not clarified with him whether a transfer should also include the tracks and other railroad materials but plan to review with them. In the meantime, if you wish to begin developing data for a proposed sale, you may do so and we can discuss at a later time. Let me know if you have any questions. Sincerely, Bruce E. Opp Regional Sales Manager 1 July 19, 1996 CATELLUS MANAGEMENT CORPORATION 4105 N. Lexington Avenue, Suite 200 Arden Hills, Minnesota 55126 612- 782 -3002 612 782- 3010(fax) Mr. Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 Re: Stillwater, Minnesota Proposed Transfer of Railroad Right of Way Dear Steve: This refers to my July 12 letter concerning a proposed transfer of Burlington Northern's right of way at Stillwater unto the city. The railroad is willing to consider sale of its land interests providing that Burlington and its designees, including the Minnesota Commercial Railroad, retain permanent easement rights for the continued ownership, maintenance and operation of its existing trackage. As I understand, neither the Burlington nor Minnesota Commercial currently are operating over the trackage, however, for future purposes, it may be required. For your review, I am attaching a railroad print which outlines in yellow all of the remaining railroad ownership. A transfer would include the small building formerly used as a freight office. After your consideration, we can discuss in more detail. Sincer Bruce E. Opp Regional Sales Manager (Q7) MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: August 29, 1996 RE: CONTINUED PARTICIPATION IN LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM AS A PART OF LIVABLE COMMUNITIES ACT The City of Stillwater is currently participating in the Livable Communities Act Program. Under the program, the city has received a tax base revitalization grant for $266,000 to clean up the Maple Island plant. To continue to participate in the program and be eligible for other grant funds, the city must annually elect to participate in the program. The program is not mandatory but provide goals for housing and resources to help attain those goals. By adopting the attached resolution, the city is electing to continue to participate in the program. Recommendation: Approval of attached resolution. Attachment: Resolution and Met Council memo 8 -8 -96. RESOLUTION NO. 96- RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statues section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account is intended to provide certain funding and other assistant to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statues section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for their municipality that are consistent with and promote the policies of the Metropolitan Council and provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statues section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentive account Program by November 15, 1996; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT, the City of Stillwater hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. By: By: Mayor clerk Metropolitan Council Working for the Region, Planning for the Future DATE: TO: FROM: SUBJECT: Anoka, Washington, and Ramsey Counties Dakota, Carver and Scott Counties Hennepin County Minneapolis and St. Paul U: KRUGER\PETERSON\NPART.DOC Dick Thompson Carl Schenk Tom Caswell Guy Peterson August 8, 1996 Communities Participating in the o itan Li le Communities Act in 1996 Thomas C. McElveen, Deputy Direct Certification of the Affordable and Life -cycle Housing Opportunities Amount ALHOA Metropolitan Livable Communities Ace The Livable Communities Act of 1995 (LCA) requires that the Metropolitan Council annually notify every municipality in the region of its affordable and life cycle housing opportunities amount (ALHOA) for the following year. The ALHOA is an amount of expenditure by the community to support, or assist the development of affordable and life -cycle housing or maintain existing affordable and life -cycle housing. Expenditure of the ALHOA is required of communities that want to compete for access to over $11.0 million available annually through the LCA's three funding accounts. The ALHOA is derived from the formula prescribed in the law involving market value, tax capacity, and tax rates provided to the Metropolitan Council annually by the county assessor. There are a number of sources of local financial contribution that can be counted as an ALHOA expenditure. Some examples include local financial contributions to housing assistance, development or rehabilitation programs, the use of CDBG monies for housing activities or a tax levy to support a local or county HRA. The 1997 ALHOA for your community is the amount found in the shaded column on the enclosed ALHOA notification. As required by law, beginning in 1998, the Metropolitan Council must annually determine whether participating communities have expended this ALHOA during the previous calendar year. If not, the community may be required to distribute this ALHOA to the Housing Incentive Account or to their local or county HRA. If you,want to continue to participate in the LCA for 1997, you must inform the Metropolitan Council of your intention to do so prior to November 15. For your convenience, a model resolution regarding 1997 is enclosed. If you have any questions about the ALHOA, please call Guy Peterson at 291 -6418. If you have questions about participation in the LCA in 1997, please call the Metropolitan Council sector representative for your community as listed below: 291 -6457 291 -6410 291 -6319 291 -6418 230 East Fifth Street St. Paul. Minnesota 55101 -1634 (612) 291 -6359 Fax 291 -6550 TDD /TIY 291 -0904 Metro Info Line 229 -3780 An Equal Opportunity Employer MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Ordinance regulating pawn shops DA: August 30, 1996 r Discussion: The Ordinance regulating pawn shops is not ready for Council consideration at this time. However, the City recently received inquiries about the regulations the City has for pawn shops from a prospective pawn shop operator. It may be in the best interest of the City to adopt a moratorium on establishing pawn shops until the ordinance is ready for Council consideration. Staff will discuss this further with you at the meeting Tuesday. Recommendation: Council consider setting a moratorium on establishment of pawn shops until ordinance regulating pawn shops is ready for council consideration. TO: Mayor and Council FR: City Coordinator RE: 1997 Budget Adjustments DA: August 30, 1996 MEMORANDUM Y Discussion: Based on the discussion the Council had with Department heads, the Finance Director and myself and upon further review of the budget, I would recommend the following budget considerations: 1. Operations budget. Personnel requests. I would recommend establishing a "new personnel" request scenario that would allow the following personnel to be hired on the dates listed following the classifications (and salaries) as follows: Finance Sr. Account Clerk 4/1/97 28,064 Police Patrol Officer 7/1/97 20,999 Engr/PW Secretary 4/1/97 27,348 Engr Jr. Engr. 4/1/97 35,523 Public Wks Intern 8,612 Street/Pks Laborer 1/1/97 31,957 Library Various 7/1/97 15.194 Total Cost 167.697 Given this scenario, the reduction in budget requests would amount to about $184,336 ($352,033 $167,697). This scenario would defer the hiring of personnel until 4/1/97 or 7/1/97 as indicated above and would eliminate the Engineering Tech I, Parks Laborers (2), and the Clerk Typist position requests the clerical support for Parks would be provided by the Engr/PW secretary). 2. Capital Outlay. Referring to the original Capital Outlay request submitted by Diane, I would recommend the elimination of or reduction of some requests as shown on the amended capital outlay request summary. The summary shows the following adjustments: Fire Chevy Blazer (15,000) Building Insp Pick up truck (20,000) Street One -ton truck (30,000) Shop Roof (25,000) Trailer (30,000) Parks Pioneer Park (150,000) Benson Park 22,000) Pick up (7,000) Lily Lake Picnic area (45,000) Lights /timer 10.0001 Total (354.0001 The items were reduced by Council at the workshop (or at least there appeared to be a consensus to do so). The adjustments to the other items are based on my opinion as to what could be purchased, eliminated or deferred to 1998. My reasoning is as follows: A. Fire Chief vehicle _Although the vehicle presently assigned to the Fire Chief definitely should be replaced, I think a standard type of sedan or pick up would be adequate because the vehicle is used primarily as a take home vehicle. The price of a sedan or pick up should not have to exceed $20,000. B. Building Inspector vehicle Although the Building Inspector vehicle is a 1991 model, it is in relatively good shape, has only about 29,000 miles on the odometer and should be OK for at least one more year. C. Street request for one ton truck. Two vehicles are being requested for the Sewer department. According to Klayton these two vehicles could be used occasionally for the Street Dept. Another option would be to finance two vehicles and charge 1/2 of the cost to the Street Dept. and 1/2 to the Sewer Dept. This would decrease the "savings" or adjustments listed above by $15,000. This would still provide the necessary budgetary adjustments. D. Shop Roof. I have an estimate of roof repair in the amount of $25,000. This would repair the roof above the office /lunchroom area of the City Garage. This should be adequate until at least next year, by which time a decision could be made on a new Public Works facility. Trailer. I believe a trailer similar to that which is now being used by the Fire Dept could be rented for about $300 to $400 per month (which is the amount being paid for the Fire Dept. trailer). This would mean increasing the operations budget by about $3600 $4800. However, at least $25,200 to $26,400 could be saved by doing so. E. Parks Pioneer Park. At the workshop the Council proposed that the priority would be to repair the wall at Pioneer Park. Therefore, the "improvement" element of the budget ($150,000) was eliminated. However, it will have to be determined whether or not this position will affect the contribution a local citizen has proposed for improvements to the Park. Staff is working on this issue and should have further info by the meeting Tuesday. Benson Park. 25,000 for a bathroom facility at Benson Park was proposed. However, at the workshop it was determined that satellites and screening at a cost of $3000 would be adequate. The difference in cost would bE about $.22,000. Pick up. The estimated cost of the truck was reduced from $22,000 to $15,000. A difference of $7000. F. Lily Lake. Picnic area. At the workshop it was determined that $20,000 could be spent to construct a picnic area. This reduced the budget request by $45,000. Lights /timers for ballfield and tennis courts. It was determined that the original estimate for changing the timers and lights would be about $5000. A difference of $10,000. The total reductions would be about 521,697 which would appear to allow a tax levy that would meet the Council's goal. It should be noted that the changes /adjustments I am recommending do not take into consideration the request for constructing a new Public Works facility. I would recommend that the Council consider my proposed changes to the 1997 budget and direct staff to further study how a new Public Works facility could be financed. Diane has provided you with further information related to the 1997 budget and we will both be prepared to discuss the budget with you at the meeting Tuesday. Recommendation: Council consider proposed budget adjustments. 1997 Budget Request for New Personnel Department Position Finance Senior AccountClerk Police Patrol Officer Inopcction 50% Secretary Public Works/Pk3 0 Secretary Public Works Junior Engineer Public -Workc Engineer Tcch I Public Works Street /PJCS *Library Parke -Perks Intern-Partime Laborer Various Laborer Laborer :,0% Clerk /Typist Schedule C Pn4po4.e-0( Tota Cost (Wages Benefits) $37,418 of /d97 250(`f $41,997 ij.fq 2.o999 440,232 $18,232 $47,364 $30,304 $8,612 $31,957 $30,387 $31,350 ;a1,obo $1 &,540 $352,033 4/11" 7,3 `f 4111i7 35, 52.3 111117 3 R S 7 15 1.1 y eolig-D .a DErE1204(N6- ncrv,l• fDTo,1'r,1ev S -1 o 11-4- E L t e e A o 1( B U D G-E Z', Department Finance P.C., Software and Printer Software Administration LAN Computer DBase Software Fire Vacuum Cleaner (4) Pump cans Portable Exhaust Fan Base Radio (1) Radio Chevy Blazer for fire chief 1997 CAPITAL OUTLAY $5,865 $3,200 $9,065 $18,000 $5,000 $1,000 $24,000 Police P. C. $2,400 (2) Work Stations and printers $2,500 (2) Oxygen Kits $1,400 (2) Portable radios $2,000 (3) Printers $1,200 (3) P. B. T.'s $900 Office Furnishings fitness equipment $10,000 (3) Marked squads and changeovers $71,100 $91,500 Requested Recommeded $250 $1,800 $1,500 $15,000 $650 0 $54,200 Building Inspections Building Permit software $10,000 Computer and printer $5,000 Pickup Truck $35,000 Public Works (2) Computers $11,000 Pickup Truck $20,000 Copier $6,500 Plotter $3,500 Office Furniture $9,000 File Systems $3.000 $53,000 Schedule E 9/ 3chZa 53e Page 1 of 3 1997 CAPITAL OUTLAY Department Requested Recommeded Street $4390,008 7I1) Plow $85,000 515/000 $38;000 $1,615,000 ahclp Roof Trailer 0 $80,000 Planning Computer and printer $8,500 TOTAL GENERAL FUND $1,970,265 I. ibrar Operations Paperback spinner $580 Microfiche Reader /Printer $2,200 Kid's catalog $4,200 Adaptive technology for ADA $500 (2) P.C.'s $4,000 (4) Printers $1,000 Telecommunications upgrade $7,800 (2) Office chairs $700 Office shelving $500 $21,480 Plant ADA compliance $3,000 Landscaping $2,000 Signage $1.000 $6,000 TOTAL LIBRARY FUND $27,480 Parks 900- 69 Rebuild wall at Pioneer Park $185,000 Basketball court at Staples Park $25,000 Play equipment at Sunrise Park $30,000 parks (con fl Schedule E gsoa 2 7, L S' 4 Page 2 of 3 1997 CAPITAL OUTLAY Schedule E Department Requested Recon meded Blacktop at Ramsey Grove Park $8,000 Restrooms at Benson Park r257000 3 oO 0 Wind screens for tennis courts $1,800 Boardwalk and walking path at McKusick $50,000 (3) Mowers $1,800 (2) Weed Whips $400 Infield grooming machine a $15,000 Pickup Truck ;e8o- i Sio a TOTAL PARKS FUND $514,000 Sewer $500,000 113 D (2) One -Ton Trucks $60,000 Aiple Lift Station $15,000 Lily Lake Lift Station $15,000 Myrtle Street Lift Station $30.000 TOTAL SEWERFUND• $620,000 Lily Lake Fence on ballfield backstop $3,000 Picnic area and walkway at Beach $01,000 aOpDo0 Lights and Timers for ballfield and tennis courts $15,000 5,0 0 0 Heater and forks for skid loader $3.100 TOTAL LILY LAKE FUND $86,100 pIthefmcg Al g SA() Si:wE1- FUIJDc 335 oo 0 /20 3 1,10 0 GRAND TOTAL CAPITAL OUTLAY 1997: $3.217.845 a r8'4, 3 pQ Page 3 of 3 TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: August 30, 1996 SUBJECT: 1997 Budget MEMORANDUM As directed by the City Council at the August 27, 1996 budget meeting, staff has prepared 2 options for the Council's consideration of the 1997 Budget. The estimated effect of the changes with Option "A" or Option "B" appear to meet Council's goal for a "no increase in tax rate" for 1997. Nile has prepared a listing of personnel and capital outlay reductions for 1997 that Council may consider as Option "A This is calculated as follows: Option "A Reduction in staffing requests $184,336 Less original cuts needed to balance (39,669) Reduction in revenue for S.A. charges with elimination of Eng Tech I (40,000) Estimated debt service on $743,845 of capital outlay (103,500) Balance for reduction in tax levy $1,167 Option "B Schedule C is a recap of personnel reductions with differences owing to a more staggered starting date for positions. This should allow for more smoothing out of the hiring process (postings, job description, interviews, etc.). The Engineer Tech I position also is included, (rather than cut as in Option "A and eliminates the need to reduce the $40,000 revenue included for this position. Likewise, capital outlay on Option B is similar to Option "A" with some minor changes. Similar trucks are priced at State bid amount of $15,000, computers at $5,000 and per recent estimate, $1,500 per squad reduction. Pursuant to City Council direction to finance small items with operating funds (rather than bonding), Page 3 of Schedule E shows bonded capital outlay items of $681,765 and $56,080 total of capital outlay items less than $5,000. The $56,080 for capital outlay items less than $5,000 has been included in the operating budget of each fund. Another difference in Option "B" is the $50,000 for Public Works Facility Design and $200,000 for land purchase. This would help accomplish the Council's directive to begin the process for establishment of a new Public Works facility. Schedule B shows additional $20,000 in changes to revenue estimates after discussion with department heads. Saletf property relating to squads and trucks have been added. After reviewing line item requests, Schedule H shows some minor changes to expenditures that total $11,400. To recap the above items in Option "B Reductions in staffing requests $153,501 Revenue increases 20,000 Line item expenditure reductions 11,400 Subtotal $184,901 Less original cuts needed to balance (39,669) Capital outlay less than $5,000 (56,080) Estimated debt service on capital outlay of $681,765 (87,500) Balance for reduction in tax levy $1,652 The County will have final property values available on Tuesday and I will be recalculating the tax capacity rates, etc. for the City Council meeting. In addition, the City Council will need to set hearing dates for the Truth -in- Taxation public hearing and adoption of a final budget. The following dates are available: December 3, 4, 5, 11, 18. Please check your calendars accordingly. Department Finance Police Inspection Public Works Public Works Public Works Public Works Street Library Parks Parks Parks Position Senior Account Clerk Patrol Officer 50% Secretary 50% Secretary Junior Engineer Engineer Tech I Intern Partime Laborer Various Laborer Laborer 50% Secretary Option "B" 1997 BUDGET FOR NEW PERSONNEL Requested Total Cost (Waaes /Benefits1 37,418 $41,997 $18,232 $18,232 $47,364 $38,394 $8,612 $31,957 $30,387 $31,950 $31,950 $15,540 $352,033 Recommended Total Cost fWaaes /Benefits1 $34,300 $31,277 $0 $15,193 $39,470 $22,396 $8,612 $0 $141 $0 $31,950 $15,193 $198,532 Schedule C Start Dates February 1 April 1 March 1 March 1 June 1 January 1 January 1 March 1 1997 CAPITAL OUTLAY Department Requested Recommeded Finance P.C., Software and Printer $5,865 $5,865 Software $3,200 $3,200 $9,065 $9,065 Administration LAN Computer DBase Software Y $18,000 $18,000 $5,000 $5,000 $1,000 $1,000 $24,000 $24,000 Police P. C. $2,400 $2,400 (2) Work Stations and printers $2,500 $2,500 (2) Oxygen Kits $1,400 $1,400 (2) Portable radios $2,000 $0 (3) Printers $1,200 $1,200 (3) P. B. T.'s $900 $900 Office Furnishings fitness equipment $10,000 $10,000 (3) Marked squads and changeovers $71,100 $66,600 $91,500 $85,000 Fire Vacuum Cleaner $250 $250 (4) Pump cans $1,800 $1,800 Portable Exhaust Fan $1,500 $1,500 Base Radio $15,000 $15,000 (1) Radio $650 $650 Chevy Blazer for fire chief $35,000 $20,000 Computer $0 $5,000 $54,200 $44,200 Building Inspections Building Permit software $10,000 $10,000 Computer and printer $5,000 $5,000 Pickup Truck 4 Wheel Drive $20,000 $0 $35,000 $15,000 Public Works (2) Computers $11,000 $10,000 Pickup Truck $20,000 $15,000 Copier $6,500 $6,500 Plotter $3,500 $3,500 Office Furniture $9,000 $9,000 File Systems $3,000 $3,000 $53,000 $47,000 Schedule E Page 1 of 3 Department 1997 CAPITAL OUTLAY Street (3/4) Public Works Facility $1,500,000 $0 Plow $85,000 $85,000 One -Ton Truck $30,000 $30,000 $1,615,000 $115,000 4- Requested. Recommeded Shop Roof $50,000 $0 Trailer $30,000 $0 $80,000 $0 Planning Computer and printer $8,500 $5,000 TOTAL GENERAL FUND: $1,970,265 $344,265 Library Operations Paperback spinner $580 $580 Microfiche Reader /Printer $2,200 $2,200 Kid's catalog $4,200 $4,200 Adaptive technology for ADA $500 $500 (2) P.C.'s $4,000 $4,000 (4) Printers $1,000 $1,000 Telecommunications upgrade $7,800 $7,800 (2) Office chairs $700 $700 Office shelving $500 $500 $21,480 $21,480 Plant ADA compliance $3,000 $3,000 Landscaping $2,000 $2,000 Signage $1,000 $1,000 $6,000 $6,000 TOTAL LIBRARY FUND: $27,480 $27,480 Parks Pioneer Park $150,000 $0 Rebuild wall at Pioneer Park $185,000 $185,000 Basketball court at Staples Park $25,000 $25,000 Play equipment at Sunrise Park $30,000 $30,000 Schedule E Page 2 of 3 Department Option "B" 1997 CAPITAL OUTLAY Requested Recommeded Parks lcon't\ Blacktop at Ramsey Grove Park $8,000 $8,000 Restrooms at Benson Park $25,000 $0 Privacy Fence at Benson Park $0 $3,000 Wind screens for tennis courts for Lily Lake, Northland Staples $1,800 $1,800 Boardwalk and walking path at McKusick $50,000 $50,000 (3) Mowers $1,800 $1,800 (2) Weed Whips $400 $400 Infield grooming machine $15,000 $15,000 1/2 Ton Pickup Truck $22,000 $15,000 TOTAL PARKS FUND: $514,000 $335,000 Sever (1/4) Public Works Facility $500,000 $0 Public Works Facility Design $0 $50,000 Public Works Facility Land $0 $200,000 (2) One -Ton Trucks $60,000 $30,000 Aiple Lift Station $15,000 $15,000 Lily Lake Lift Station $15,000 $15,000 Myrtle Street Lift Station $30,000 $30.000 TOTAL SEWER FUND: $620,000 $340,000 Lily Lake Fence on ballfield backstop $3,000 $3,000 Picnic area and walkway at Beach $65,000 $20,000 Lights and Timers for ballfield and tennis courts $15,000 $5,000 Heater and forks for skid loader $3,100 $3,100 TOTAL LILY LAKE FUND: $86,100 $31,100 GRAND TOTAL CAPITAL OUTLAY 1997: $3.217.845 $1.077.845 TOTAL Non Bonded Capital Outlay Other Funds: All items less than $5,000 $56,080 Sewer Fund: $340,000 TOTAL Bonded Capital Outlay: $681,765 Schedule E Page 3 of 3 General Fund General Tax Levy LGA HACA Local Performance Aid Liquor Licenses Finance Charges /SA Projects Engineering Charges /SA Projects MSA Street Maintenance Ordinance Violations Sale of Property (3 Squads) Library Revenue Park Revenue Trust Income Sale of Property (Truck) Option "B" Schedule B MAJOR REVENUE CHANGES 1996 Budget $2,275,317 $869,395 $971,143 $0 $39,700 $0 $91,000 $85,000 $104,000 $0 $2,000 $7,000 $0 1997 Requested $2,497,250 $955,858 $989,884 $19,158 r $51,000 $42, 000 $193,730 $97,000 $128,000 $0 $2,000 $7,000 $0 1997 Recommended $2,497,250 $955,858 $989,884 $19,158 $51,000 $42,000 $193,730 $97,000 $128,000 $12,500 $4,000 $11,000 $1,500 Increase $221,933 $86,463 $18,741 $19,158 $11,300 $42,000 $102,730 $12,000 $24,000 $12,500 $550,825 $2,000 $4,000 $1,500 $5,500 Expenditure Reductions Postage $2,000 Maintenance Agreements $2,400 Shop Repair Charges $2,000 Consulting Engineer $3,000 Topsoil, Seed $1,000 Trees $1,000 $11,400 Option "B" Schedule H RESOLUTION 96- ADOPTING THE PROPOSED TAX LEVY FOR THE YEAR 1997 Be it resolved by the City Council of the City of Stillwater, Minnesota, that sum of be, and the same is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1997. Adopted by the City Council this 3rd daf of September, 1996. Attest: City Clerk Mayor RESOLUTION 96- ADOPTING THE PROPOSED BUDGET FOR THE YEAR 1997 Be it resolved by the City Council of the City of Stillwater, Minnesota, that the proposed operating Budget for the General Fund is hereby adopted for the year 1997 with revenues and expenditures in the amount of Adopted by the City Council this 3rd day_of September, 1996. x Attest: City Clerk Mayor to TO: Mayor and City Council FROM: Tim Thomsen, Parks Director DATE: September 3, 1996 SUBJECT: New Park Board Member CITY OF STILLWATER MEMORANDUM At the Park and Recreation Meeting, Monday, August 20th, the Board voted to have Nancy Brown fill the vacancy of Todd King to the Park Board. Nancy Brown lives at 518 North Owens Street in Stillwater and is active in Friends of Stillwater Parks. The Board felt that Nancy would be a good member to have and to represent the North Hill area. MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: August 30, 1996 Recommendation Action: Approval as conditioned Attachment: Planning commission staff report, August 12, 1996. RE: SPECIAL USE PERMIT FOR ELEMENTARY SCHOOL LOCATED SOUTH OF COUNTY ROAD 12 IN CITY ANNEXATION AREA This elementary school special use permit request was before the planning commission at their meeting of August 12, 1996. Previous to their review, the project was reviewed by the town planning commission and board. The Stillwater city planning commission recommended the request for approval to the city council. At their meeting of August 29, 1996, the joint board reviewed the school project for consideration with the comprehensive plan and orderly annexation agreement and certified is consistency. Attached to this report is the planning commission staff report that describes the project and various agency reviews. The recommended conditions of approval incorporate the township project conditions of approval and require a development agreement between the city and school district to detail and implement the conditions. PLANNING APPLICATION REVIEW Case No. SUP/96 -53 Planning Commission Date: August 12, 1996 roject Location: CR 12 east of CR 15 oning District: Agricultural when annexed Applicant's Name: Independent School District 834 Type of Application: Special use permit Project Description: Special use permit for an elementary school. Discussion: The proposal is to construct an 800 pupil elementary school 99,910 square feet building with 65,825 square feet of land coverage on a 16.11 acre lot (see attached project narrative and staff report from Stillwater Township review dated July 18, 1996). Y Beside the township review, the city engineer and the city's consulting traffic engineer have reviewed the project for circulation needs and drainage /grading, wetland impacts. Attached is a letter from Glen Van Wormer, traffic engineer. He raises concerns regarding the road improvements providing access to CR 12. Because CR 12 is a County Road these concerns will be transmitted to the county for their consideration of the access design. Other comments relate to bus circulation and loading and unloading. It is recommended that the comments from the traffic engineer be considered as a part of project final design. Watershed issues are critical to this area. The drainage /grading plan along with wetland impacts have been reviewed by the township's engineer. The city engineer will also be reviewing the design and calculation to see that they work for the project and overall area. The project is consistent with the city's comprehensive plan and a school site in this location was a part of concept plans for development of the larger quadrant. Access to the site is important to the school as well as W the surrounding area. The comments from the traffic engineer will require consideration in the access road design before final approval. Stillwater township conditions of approval are incorporated by reference in the city's approval to make sure the reviews are coordinated. Recommendation: Approval as conditioned. 1. The Stillwater Township Board conditions of project approval are incorporated by reference 8 -8 -96. 2. The comments from the city's traffic engineer shall be addressed in final access road and project circulation design. 3. The drainage, grading, wetland mitigation plan shall be reviewed and approved by the city engineer before final city project approval. 4. A county road access permit shall be obtained from Washington County Public Works before building permits are issued. 5. The design of the access road leading the County Road 12 to the school site shall be designed and financing provided before building permits for the school are issued. 6. A development agreement between the city and school district shall be entered into providing for sewer and water service before building permits are issued. 7. This special use permit is subject to city council approval and final annexation of the site to the city. Attachments: Plans Stillwater Elementary School BWBR Commission Number 95053.01 June 18, 1996 PROJECT NARRATIVE This project provides for the Stillwater School District a new school to meet their elementary education needs for the immediate future and offers flexibility to adapt to changing teaching and learning styles as we move into the 21st century. The building will be located approximately 1'/4 mile egst of Highway 15, just south of Highway 12. The site is currently going through the minor subdivision process and is part of the Phase 1 annexation parcel into the City of Stillwater. Intended for an ultimate enrollment of 800 students, the building is designed to reduce the scale to one that feels more like a 200 student school. The architecture of the building recalls historic Stillwater, with use of brick, building forms and one room schoolhouse references. The design responds to a myriad of issues: site, program, budget, context and, above all, kids. BUILDING AREA Total site coverage of the building is 71,898 square feet. The total building gross square footage is 99,910 square feet, comprised of 65,825 s.f. on the upper level, 34,085 s.f. on the lower level. UTILITIES Permanent Plan Ultimately the school will be served by permanent water and sewer services extended from the city of Stillwater. The City will provide these services to the neighboring residential development to the south and west and the school will tap into them. Design and implementation of these services will not begin, however, until the annexation process has been completed. Interim plan Through the City, the School District has petitioned for a feasibility study to temporarily extend city services from a location approximately 1/2 mile east of the school site on Myrtle Avenue. These utilities would be used until the permanent utilities are installed and available for the school's connection. The study is anticipated to be brought to Stillwater City Council July 2, 1996. WATERSHED The entry drive into the west end of the site is required by the county to be 300 feet from Highway 12. This causes our drive to cross the north end of the wetland area, requiring approximately 2750 s.f. of the wetland to be filled. Areas in excess of 2000 s.f. mandate mitigation. Mark Doneaux of the Washington County Soil and Water Conservation District is involved as the design progresses (see attached letter from Washington County dated June 12, 1996). ,u -96 TUE 9:39 CITY OF ST I LLWATER COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance CITY OF STILLWATER A Conditional or Special Use Permit 216 NORTH FOURTH STREET STILLWATER, MN 55082 The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. Address of Project �'_.,rn., 'o- A �.VF-, i ,Assessor's Parcel No. Zoning District 7 Description of Project C'c��i 2u�7' >o,c� �L, 'M Q1 "1 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 certtv I will comply with the permit i f it is granted and used." Property Owner h I,o ,t, /c rkT L.c-eoL OR OR-P Representative b An 1 L. 0 PA 4 r 2 Mailing Address /i T.< ..c. C;.. /&'r Mailing Address i �'7-S S� r �'.a its t i ,.1rrw ,f4,1 u Telephone No. 3si 832/ Telephone No. Signature 1,.1 1.1. gp9195 Land Area Height of Buildings: Stories Principal M Accessory Case No: SOP Q Date Filed: II .0 Fee Paid: Receipt No.. PLANNING ADMINISTRATION FORM (2ad%,t) Design Review Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee ACTION REQUESTED: PROPERTY IDENTIFICATION Feet Signature FAX NO. 6124390456 P. 02 FEE Existing sq. ft. Proposed sq. ft. Paved Impervious Area sq. ft. Number of off street parking spaces provided 'ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION REVIEW -70 $70/170 -0- $270 $70 5300 $300 100 +$50 /lpt S50 SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Total building floor Area sq. ft. Folz, Freeman, Dupay Associates, Inc. F D N LAND SURVEYING LAND PLANNING 1815 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 5 (612) 439 -8833 PARCEL A LEGAL DESCRIPTION ELEMEN'T'ARY SCHOOL PARCEL That part of the North 1 the Southwest Quarter of Section 30, Township 30 North, Range 20 West, Stillwater Township, Washington County, Minnesota described as follows: Beginning at the intersection of the south right -of -w y line of County State Aid Highway 12, as described in Document No. 382213 on rile and of record in the office of the County Recorder, Washington County, Minnesota and the east line of said North Haif of the Southwest Quarter; thcncc South 01 degree 04 minutes 43 seconds East, assumed bearing along said cast line, a distance of 590.66 Jet to a point distant 628.19 feet southerly of the northeast corner of said North Half of the Southwest Quartcr, as measured along said east line; thence South 88 degrees 55 minutes 17 seconds West, a distance of 358.09 feet; thence South 46 degrees 08 minutes 09 seconds West, a distance of 514.37 feet; thence North 36 degrees 34 minutes 10 seconds West, a distance of 225.26 feet to the intersection with the north line of the south 515.46 feet of said North Haifa the Southwest Quarter; thence North 58 degrees 53 minutes 09 seconds West, a distance of 314.70 feet; thence North 04 degrees 39 minutes 29 seconds West, a distance of 135.10 Feet; thence North 10 degrees 20 minutes 53 seconds East, a distance of 231.68 feet to the intersection with the south line of the north 280.00 feet of said North Half of the Southwest Quarter; thence North 89 degrees 43 minutes 45 seconds East along said south line, a distance of 38.53 feet to the intersection with the cast line of the west 1335.00 feet of said North Half of the Southwest Quarter; thence North 00 degrees 46 minutes 48 seconds West along said west line, a distance of 101.27 feet to the intersection with said south right-or-way line of County State Aid Highway. 12, as described in Document No. 382213; thence easterly along said southerly right-or-way line, a distance of 234.56 fect.along the arc of a non tangential curve, concave to the north, having a radius of 5804.58 feet and a central angle of 02 degrees 18 minutes 55 seconds, the chord of said curve bears North 83 degrees 00 minutes 10 seconds East; thence North 81 degrees 50 minutes 42 seconds East, along said southerly right -o1' -way line, a distance of 829.17 feet to the point of beginning. This parcel contains 16.11 acres more or less and is subject to valid easements and restrictions of record, if any. I hereby certify that this legal description was prepared by me, or under my direct supervision, and that t am a duly Registered Land Surveyor under the laws of the State of Miancsota. Timothy J. Free Minnesota Regis tan ation No. 8989 '/i34 Dat f 1 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 -4739 MEMORANDUM DATE: July 10, 1996 TO: MEETING DATE: July 18, 1996 FROM: Meg McMonigal, Planner Background Stillwater Township Planning Commission SUBJECT: New Elementary School Public Hearing for Conditional Use Permit Stillwater Township MFRA #11400 Telephone Engineers 612/476 -6010 Planners 612/476 -8532 FAX Surveyors Independent School District (I.S.D.) #834 is requesting a Conditional Use Permit (CUP) for a new elementary school Located south of Highway #12 and east of C.S.A.H. #15. This site is in Phase I of the Orderly Annexation Area, and is expected to be officially annexed into the City of Stillwater on August 15, 1996 or later. The school district has requested approvals through the Township in order to begin the construction process as soon as possible. A CUP is required for schools in the R -1 zoning district. The City of Stillwater has authorized a feasibility study for serving the school with city sewer and water through a temporary connection along Highway #12. The results of this study are not yet available. I.S.D. #834 has submitted the following items (except #8) for Township review and approval, and they are attached: (1) Site plan drawn to scale showing parcel and building dimensions. (2) Location of all buildings and their size, including square footage. (3) Curb cuts, driveways, access roads, parking spaces, off street loading areas and sidewalks. An Equal Opportunity Employer Requirements of,R -1 Zoningfiistrict Following are the requirements for the R -1 zoning district; all requirements are met. Required Project Requirement Met? Lot Area 24,000 16.11 acres Yes Setbacks: Front 40' —230 feet Yes Side 20' --400 feet Yes Rear 50' 52 feet Yes Floor Area Ratio 30% 14% Yes Impervious Surface 50% 34% Yes Parking Requirements Site Analysis 3 parking spaces per classroom 84 Parking spaces provided 123 Layout and circulation This site is limited by one access point to C.S.A.H. #12. The County requires this access point be 1/4 mile east of C.S.A.H. #15, or as close to 1/4 mile as possible. The planned location of the public street access is outside of the school district's property, on property proposed to be developed by Charles Cudd Homes. The access would be built as a public street to serve the new development and a driveway to the new school coming off of it. Final design plans are not yet available. A condition of approval should be that an access easement agreement for the public roadway be provided. Another condition should include that these plans be approved by the Township Engineer, City Engineer, and County Engineer. Lastly, an escrow or other financial guarantee will be needed to ensure the public access is constructed as proposed. The parking lot is designed for 123 parking spaces and 15 school bus spaces. There is a drop off area near the front door. This will require drivers to circulate through the parking aisles and may cause some conflicts with cars backing up, however the amount of traffic expected on a daily basis should be small enough that the conflicts should be small in number. A separate drive aisle might function better, but also would encourage higher speeds. The amount of parking for the site should be more than adequate on a daily basis. Plans for future parking for 27 spaces is shown. The architects were encouraged by staff to show parking to meet daily needs versus event needs, in order to minimize the amount of impervious surface on the site. Minimizing impervious surface is desirable because of less hard surface runoff, more green space, and less maintenance. Wetland Filling and Mitigation A portion of a wetland will need to be filled for the proposed driveway. A wetlands report was submitted by Peterson Environmental Consulting and reviewed by Kelly Bopray, Certified Soil Scientist of MFRA (comments attached). The expanded wetland will more than replace the wetland removed and Mr. Bopray recommended the Township issue a wetlands permit. This report has been sent to all required agencies for review and comment. Grading and Drainage Plan A preliminary grading and drainage plan has been reviewed by the Town Engineer. It appears the proposed plan will be workable, however the Engineer is awaiting further information and calculations prior to approving the plan. Final revised grading and drainage plans are to be submitted to the Township Engineer by July 15, 1996. Landscape Plan The landscape plan appears to be adequate, however specific plantings need to be delineated on the plan. We have requested that a revised plan be submitted by the public hearing. RECOMMENDATION The staff recommends the Planning Commission approve the Conditional Use Permit for the new elementary school south of C.S.A.H. #12 and east of C.S.A.H. #15 with the following conditions: 1. The School District must be able to obtain public sewer and water services from the City of Stillwater. A Minnesota Pollution Control Agency (MPCA) sewer extension permit must be granted prior to a grading permit being issued. 2. Plans for the public street from C.S.A.H. #12 be reviewed and approved by the Township, City, and County Engineers prior to a grading permit being issued. 3. An easement granting public street access across the Newman property (Parcel C) to the new elementary school site must be filed at the County, prior to a grading permit being issued. 4. An escrow or other financial guarantee of 125% for building the public access street from C.S.A.H. #12 be given to the Township to hold until construction is complete or to use to complete construction. 5. An escrow for landscaping be given to the Township to hold until landscaping is complete or to use to complete the lands 6. The grading, drainage and erosion control plan must be approved by the Township and City Engineers and other regulatory agencies as required. 7. Details for the proposed bridge must be submitted and approved by the Township and City Engineers, and any other regulatory agencies as required. 8. All governmental permits must be obtained, including but not limited to those required by the Brown's Creek WMO, Washington County, Army Corps of Engineers, MPCA, DNR, and the Minnesota Department of Health. 9. A wetland permit will be issued by the Township following receipt of comments from notified agencies. 10. 11. 12. Enclosures e:main:11400 /memo 7-9 1 August 7, 1996 Mr. Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Steve: RE: Stillwater, Minnesota Elementary School County Road 12 at County Road 15 Access and Circulation Review SEH No. A- STILL9601.00 EQUAL OPPORTUNITY EMPLOYER T Lit 3- cy 3S'v 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490 -2000 800 325 -2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION We have had an opportunity to review the concept plan for the elementary school proposed for County Road 12 just east of County Road 15. The site plan has some detail for the parking lots and circulation patterns on the school site, but does not provide much design definition for the access onto County Road 12. We have been reviewing the Washington County correspondence relative to the school. The County has indicated that the entrance must be approximately 'A mile east of the County Road 15 intersection. We agree with the concept, but the plans do not show where the driveway location is on County Road 12. We assume that the City will reflect the County's concern over the location. The County has also indicated a preference to have 300 feet of distance between County Road 12 and the on -site intersection between the road leading to the school and the road leading to the other development. We agree that 300 feet is desirable, but are just as concerned over the geometrics that go along with that spacing. The conceptual plan shown has a free flow right turn onto County Road 12. Washington County recently wrote to BWBR Architects and indicated that an acceleration lane needed to be provided. We think the City should review the desirability of that feature with the County. There is a major east -west trail running on the south side of County Road 12. Providing a free flow movement and an acceleration lane along with a multi -lane approach of roadway could set up some potential conflicts between the trail users and the traffic using the free flowing right turning movement. The concept plan also shows the trail being relocated south from its current alignment. This would place it in the middle of the backup of traffic from the stop sign approach onto County Road 12 and sufficiently far from the corner to where the trail users may not be visible by turning traffic. SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN Mr. Steve Russell August 7, 1996 Page 2 The school may not need to design the intersection, but their on -site concepts will certainly determine the restraints for that design. These concerns and questions probably should be addressed as part of the school site plan. Similarly, the location and the geometric design of tl€ intersection south of County Road 12 needs to be reviewed. The concept shown on the architectural plan does involve two free flowing movements, and therefore, creates some additional conflicts. The trail and sidewalk system has crossings away from the intersection, but close enough to where the pedestrian crossings may not be visible from traffic turning through the intersection. The number of islands, the general alignment through the intersection and the weaving which will take place between County Road 12 and this intersection all create geometric design concerns. Again, it is desirable to have this intersection fully designed at the time the school site plan is approved. More details were provided on the school site itself. The parking lot provides for a 30 foot drive aisle and 25 foot parking aisles between the various parking rows. This is generally adequate if the radii of the several islands are carefully designed to accommodate turning vehicles. Vehicles turning from the access road into the 25 foot wide parking aisles will require a larger radius on the channelizing island at the north end of the parking aisle. This could be a detail of design, but is important to overall circulation. The northerly roadway is 29 feet wide through the parking area and then 25 feet wide where adjacent to the angle parking north of the school. The 29 feet would be desirable. There may be school buses traveling opposite directions and with the uncertainty of the clearance past the various angle parked vehicles, the additional 4 feet may prove beneficial. The school bus turnaround and parking arrangement is somewhat unusual and reflects a need to accommodate buses on the east side of the building. The concept, we believe, is to have the eastbound buses turn left into the turnaround area so they can then proceed south into the school bus spaces. Fortunately, this will probably be done in an area where there is little conflicting traffic and especially little traffic unfamiliar with the somewhat unusual movement. It appears that the turnaround area may need to be extended further to the east so that the buses leaving the turnaround area will be lined up properly to travel south and then turn into the school bus parking spaces. Currently, it appears that it will be difficult for the buses to park in the northerly spaces. If the buses are not properly lined up, they could lead to a partial blockage of the access way for buses leaving the area. The architects may also want to review the potential for having a bus parked in the southerly school bus space and have a second bus pass it and then make the U -turn in the cul -de -sac area. We believe this may be a little difficult. Mr. Steve Russell August 7, 1996 Page 3 How to load school buses in a school site has been discussed for years with no standard safest situation. The concept shown has been used quite frequently and does involve buses parking so that there is a minimal pedestrian travel between buses. Almost all students will enter the buses adjacent to the sidewalk. The only problem with this concept is that buses must back out without being able to see oncoming traffic. They must also exit in ordv since backing out between the buses may be somewhat difficult. Finally, there needs to be virtually no other traffic in the area when the buses are entering and exiting their parking spaces. This has been done with some success and is probably one of the better arrangements for school bus pickup. The 27 spaces on the far east end of the parking are dashed and appear to be available for either recreation use or possibly employee parking. As such, they will probably not be in conflict with the school buses. 1 It appears that the pedestrians and vehicles have been successfully separated with the exception of a few crossings. Pedestrian travel to and from the recreational facilities also is somewhat isolated from any type of public traffic. The general concepts behind the development of the circulation plan for both vehicles and pedestrians is good. The primary concern is the public road access to County Road 12 and the intersection immediately adjacent to it. These concerns need to be resolved prior to the final on -site circulation being approved. If you have any questions or need any additional information regarding our comments, please feel free to call me at 490 -2045. Sincerely, Short Elliott Hendrickson Inc. ...52///0 Glen Van Wormer, P.E. Manager, Transportation Department tlo •Th.+utas J. (::11110,01 Roper N. Kntt►vun 'I intiLK M. Scutt Gary u. Fuck: James R. Walston Elliott P1. Knt`tu h Suc.an L.c;1Pact' Mr. Dan Parker Independent School District 834 1875 South Greeley Street Stillwater, MN 55082 Re: Stillwater Township New Elementary School Our File No. 13705/146 Dear Mr. Parker: TMS :slc Enclosure cc: Mr. Dave Magnuson (Via Fax) Mr. Steve Russell (Via Fax) (Enclosure Copy) Ms. Pat Bantli, Clerk (Via Mail) (Original Enclosure) (612) 452-5000 Fax (612) 452 -.5550 August 28, 1996 rr Best regards, z ■•h CAMPBELL, KNUTSON, SCOTT FUCHS, P.A. Attorneys ar Law CAMPBELL, KNUTSON, SCOTT FUCHS, P.A. By: TYlomas M. Scott U 'U Enclosed for your inforrnation is a copy of a Conditional Use Permit as approved by the Town Board. Ant1resi McDowell l'oehlcr 1vLttth'w K. Build John F. Kell, Marguerite M. McCarron (icnrj...T. Stohlu.„ M H, VIA FACSMILE Suite 317 Eagandatic: Office Cent.er 1380 Corporate Center Curve Eagan, MN 55121 TOWN OF STILLWATER WASHINGTON COUNTY CONDITIONAL USE PERMIT 1. Iermit. Subject to the terms and conditions set forth herein, the Town of Stillwater hereby grants a conditional use pefnit for the following use: Elementary School. 2. Property. The permit is for the following described property "subject property in the Town of Stillwater, Washington County, Minnesota: See attached Exhibit "A made a part hereof by reference. 41437 3. Conditions. The permit is issued subject to the following conditions: 1. The School District must be able to obtain public sewer and water services from the City of Stillwater. There shall not be an on -site septic system. 2. Plans for the public street from C.S.A.H. #12 to be reviewed and approved by the Township, City, and County Engineers prior to a grading permit being issued. An casement granting public street access across the Newman property (Parcel C) to the new elementary school site must be filed at the County, prior to a grading permit being issued. 4. An escrow or other financing guarantee of 125 of the estimated construction costs for building the public access street C.S.A.H. #12 be given to the Township to hold until construction is complete or to use to complete the construction. 5. An escrow for landscaping be given to the Township to hold until landscaping is complete or to use to complete the landscaping. 6. The grading, drainage and erosion control plan must be approved by the Township and City Engineers and other regulatory agencies as required. 7. Details for the proposed elevated boardwalk must be submitted and approved by the Township and City Engineers, and any other regulatory agencies as required. r 4 0 i ,.0 8. All governmental permits must be obtained, including but not limited to those required by the Brown's Creek WMO, Washington County, Army Corps of Engineers, MPCA, DNR, and the Minnesota Department of Health, 9. A wetland permit will be issued by the Township subject to incorporation of recommendations of August 7, 19961ettcr from the Washington County Soil and Water Conservation District. T 10. A recommendation from the Township Engineer, City Engineer, Washington County Soil and Water Conservation District, Brown's Creek WMO and DNR with respect to drainage will be obtained. 11. Applicant shall comply with the conditions set forth in Paragraphs 3 through 8, 10 and 11 of Town Engineer's August 8, 1996 letter to the Town Board. As to Paragraph 4, best interest of safety to be priority. 4. Termination of Permit. The Town may revoke the permit following a public hearing for violation of the terms of this permit. S. Lapse. If within one year of the issuance of this permit the allowed use has not been commenced, this permit shall lapse. 41437 Dated 5c/ 2z/ IJi�q, Pat Bandit, Clerk STILLWATER TOWNSHIP BY .J L Its Chairperson -2- STATE OF MINNESOTA (ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this ,7.1. i day of 1996, by Atm d. G fk nci s and by Pat Bantli, resiiectively the Chairperson and Clerk, of Stillwater Township, a umesota political subdivision, on its behalf and pursuant to the authority granted by its Town Board. DRAFTED BY: Campbell, Knutson, Scott Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 41437 O NDREA KITARY PUBLIC MTA II/Comm. Expos Jolt 11,2g00 -3- SUN, SCOTT FUCHS P A Folz, Freeman, Dupay Associates, Inc. FAD LAND SURVEYING LAND PLANNING w -4) is 1815 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 (612) 439 -8833 PARCEL A LEGAL DESCRIPTION ELEMENTARY SCIIOOL PARCEL Rug 28,96 14:12 No UUS 1' UbIUb That part of the North Haif of the Southwest Quarter ofScctiei 30, Township 30 North, Rank 20 West, Stillwater Township, Washington County. Minnesota described as follows: Beginning at the intersection of the south right -of -way line of County State Aid Highway 12, as described in Document No. 382213 on Ric and of record in the oft ice of the County Recorder, Washington County, Minnesota and the cast line of said North Half of the Southwest Quarter, thence South 01 degree 04 ininutcs 43 seconds East, assumel bearing along said east line, a distance o1590.66 feet to a point distant 628.19 feet southerly of the northeast corner of said North Half or the Southwest Quarter, as measured ailong said cast line; thence South 88 degrees 55 minutes 17 wends West, a distance of 358.09 feet; thence South 46 degrees 08 minutes 09 seconds West, a distance of 514.37 feet; thence North 36 degrees 34 minutes 10 seconds West, n distance of 225.26 feet to the intersection with the north line or the south 515.46 feet of said North Half of the Southwest Quarter; thence North 58 degrees 53 minutes 09 seconds West, a distance of 314.70 feet; thence North 04 degree. -s 39 minutes 29 seconds West, u distance of 135.10 feet; then.~ Ncntlt 10 dcgroes 20 minutes 53 seconds East. n distance of 231.68 feet to the Intersection with the south line of the north 280.00 feet of said North Italia the Southwest Quarter:thence North 89 degrees 43 minutes 45 stcetnds East admit said south line, it die tenet or 38.53 feet to the intersc tlon with the on line or the west 1335.00 feet or said North 1 lalf of the Southwest Quarter; thence North 00 dcgr4 s, 46 minutes 48 seconds West along said west tick, a distance 0( 101.27 feet to the intersection with said south right -of -way line of County State Aid liighway 12, as described in Document No. 382213; thence eagerly along said southerly right of-way line, a distance of 234.56 feet along the arc ofa non-tangential Curve, concave to the north, having a radius of 5804.58 fact and a central angle of 02 degrees 18 minutes 55 seconds, the chord of said curve bears North 83 degrees 00 minutes 10 seconds East; thence North 81 degrees 50 minutes 42 seconds Bast, along said southerly right -of -way line, a distance of 829.17 fcei to the pint of beginning. This parcel contains 16.11 acres more or less and is subject to valid casements and restrictions of record, if any, I hen:by certify that this kya) deseris -Mon was ptrparad by u ne, or unde:t ttty dime! aulx:rvisiun. and dust 1 stn a duly kedincted land Survttyot under the laws alive State or Minnesota. Thnnothy J. f rear inn Minntxui* ttegi titian No. 989 EXHiBIT A 0$/27/00 00:20 FAX 612 222 8061 a •1 ti August 8, 1996 McCombs Frank Roos Associates, Inc, 13050 23rd Avenue North, Plymoutn. Minnesota 55447 Stillwater Town Board Supervisors: Louise Bergeron David Francis Jerry Hicks David Johnson J ok Takemoto Dear Board Supervisors: BWBR ARCHTIECTS r;— SUBJECT: Stillwater Township Conditional Use Permit School District #834 MFRA #1I400 Telbphone Enp!neere 6 2/4784 16 Planers 812/475.8532 FAX Surveyors As requested, we have reviewed the technical engineering concerns of the construction plans for the subject project which we received on August 2, 1996. The plans were labeled as: Grading and Erosion Control Plan, Sheet 203 (Dated 7/29/96) Utility Plan, Sheet 204 (Dated 7/29/96) The following comments should be considered as a supplement to Mcg McMonigal's letter to the Town Board, dated July 31, 1996: jtnrmwa entrn 1. It is our opinion that the proposed design as shown on the plans, complies with the requirements o;'the Township's Ordinance No. 112 (An Ordinance Concerning Stormwater Management and Erosion Control). The proposed pond complies with the requirements of the National Urban Runoff Program (NURP) Criteria. �•�cJ juud7Uj.- The rate of runoff from this site complies with the Township's requirements. The post development rate of runoff does not exceed the predevelopment rate of runoff. The City of Stillwater has requested the applicant to restrict the post development rate of runoff from the drainage basin to approximately 1 cfs for a 100 -year storm. Please note that the predevelopment rate of runoff for a 100 -year storm is estimated to be 17.4 cfs through the existing 42 inch culvert under County Road 12. I a r b G t 33 TEL NO: 14925 Fitt o8 /27/00 00;27 FAX 012 222 8801 EWER ARCHITECTS )007/012 Stillwater Town Uesrd Supervisors August 8, 1996 Pap 2 We estimate the 100•year highwater level for the pond within the she to be approximately S•03.9. This elevation is based on a drainage area of 37.9 acres, with a peak pond storage volume of 471,962 cubic feet. The proposed 5 inch orifice at Manhole Control Structure #1 (located at the discharge of the pond) will allow an average outflow of approximately 0.5 cfs and a peak outflow rate of 1.07 cfs, The ultimate 100 -year highwater level fg. the pond is identified on the applicant's plan as 905.6. Ultimate development will occur after the entire area draining to this pond is developed in the future. This highwater level is 3 feet lower than the lowest floor elevation of the school which in our opinion is an adequate separation. The drainage from this site, and ponding system does not flow to a landlocked basin. The stormwater from the site flows through the 42 inch culvert under County Road 12, to Browns Creek. Since the drainage system does not drain to a landlocked basin, it is our opinion, that the volume of runoff from this site should not be a concern. As we discussed previously, the applicant complies with the rate of runoff requirements. It is our opinion that this criteria is consistent with the requirements of Township Ordinance No, 112. Please note, however, that the applicant did provide us with s volume of runoff analysis for the proposed elementary school site in response to the Planning Commission's concern. It is our opinion that the analysis indicates that the post development volume of runoff is no greater than the predeveiopment volume of runoff. This determination is based on the predevelopment site consisting of farmed row crops. 2. The proposed s':orm sewer system for the parking lot meets the minimum design standards fora S year storm recurrence interval. j■flsceltanenus 1. As discussed previously, the City has indicated that the rate of runoff be restricted to t cfs. The flow from 'the basin will take place over a longer period of titne O4 day period), as compared to culvert conditions. As a result, the downstream channels will be wet for a longer period of time. 2. 'It is our understanding, based on a conversation with Greg Hailing, that when 72nd Street is reconstructed in the future with the future development, the finished surface elevation of the roadway at the low point is to be 907.5. This will provide an emergency stormwater overflow from the ponding system, with a freeboard of 1 foot to the lowest floor elevation of the elementary school. Y Pr O0/27/00 09:27 FAX 912 222 8001 Stillwater Town Board Supervisors August 8, 1996 Page 3 *a 4, The plan indicates that the box culvert beneath the trolley car railway is to be saved. t It is our opibio,'that this box culvert may be in an area where elementary school DO/f 021` students and neighborhood children may pssib1y congregate, which in our opinion may be undesirable. We did not review the structural integrity of this structure. In our opinion this structure should be abandoned by either filling the structure with soil, or removing the structure. The 18 inch storm pipe from Control Structure No. 1 would need to be extended to the north side of the railwe bed. porimm144icrive 'm ry PkgvPi if i5. The proposed contours between the NUR? pond and the'wetla►nd are not drawn correctly and require modification. Proposed contours should not be relocated into the wetland. )14 6. Control Structure No. 2 should be located within the NUR? pond such that the easterly edge of the manhole is at an elevation of S89.0 to allow drainage through the 5 inch orifice, BWBR ARCHXTECTS ir KtityPia s c 4* Si 5104 Deprino epee 7T eitie4? Based on a site visit, h appears channel ()leaning is needed between the 42 inch culvert and the existing box culvert located beneath the abandoned trolley car railway. The northerly edge of Control Structure No. 3 should also be located at an elevation of 889.0. 7. The top elevation of the casting of Control Structure No. 1 should be 905.6 (ultimate 100 -year highwatec level). uvv0i012 The structure a designed will not provide skimming of the effluent stormwatcr and must be revised. We recommend that the 6" x 12" opening be placed on the bottom of the structure. The top of this opening should be a minimum of 1 foot below the normal water level. The 5" orifice in the 4" concrete divider should be placed at an elevation of 901.03. The 18 inch storm sewer invert would also be 901.03. 8, The streets shall be cleaned and swept as required during the site construction. 9. It is our understanding that the DNR is concerned about the temperature of storm water discharging into Browns Creek. lfthe DNIL is concerned about the temperature of stormwater discharging from this site, perhaps trees could be provided around the perimeter of the pond to provide future shade for the ponded water. i Pii10, We received a carbon copy of a letter from Steven's Engineering dated August 6, 1996 (sec attached). AUG-- 27 —'96 TUE 09:54 ID: TEL NO: #925 P05 08/27/06 09128 FAX 812 222 8961 BWBR ARCHITECTS X 000/012 If you have any questions Or need additional information, please contact us. Very truly yours, McCOMES FRANK ROOS ASSOCIATES, INC. :f• 1• Ell Paul Pearson, P.E. PP :pry Enclosures cc: Pat Sandi, Town Clerk Tom Scott, Town Attorney Klayton Eckles, City of Stillwater Rick Dahl, BWBR. Architects, 400 Sibley Street, Suite 500, St. Paul Park, MN 55101 (ireg Hailing, Hailing Engineering, 2737 255th Street East, Webster, MN 55088 atmaln.\l l4001etlU1 =4 •s iii Stillwater Town Board Supervisors August 8 1996 Page 4 If this entrance is to be included as a part of the CUP approval, we recommend that the Township forward this drawing to a Traffic Engineer, such as Jim Benshof, for review and comment, As outlined in lvieg's letter of July 31, 1996, final construction plans for the public street must be submitted upon completion for review and approval by the City and County Engineers prior to a grading perr'iir'being issued. 11. All plan revisions should be submitted to the Township for review and approval. 1 .4 August 7, 1496 54 fi Peet Bantle, Township Clerk Stillwater Township 13636- 90th St, Stillwater; MN 55082 MINNESOTA SOIL ANP WAY'LFR CONSERVATION PISTRICT$ RE :1Vcttand Replacement flan Review Comments Stillwater Elementary School, Stillwater Township, Section 30 •Dear ML Dantli: The Washington Solt and Water Conservation District has reviewed the Wetland Replacement Plan submitted by Peterson Environmental Cortrulting, Inc. for Stillwater Elementary School, Stillwater Township, Section 30. The wetland replacement plan was reviewed for conformance with the Wetland Conservation Act (WCA), Stillwater Township is the Local Government Unit for the WCA and may incorporate our agency's comments into the .township's review process, Based upon the plans submitted on tune 28, 1996,1 would offer the PSollowiag comments: 5o u.7. .00/27/90 08:23 FAX 012 222 8961 Note, Specific recommendatiane have been underlined, l EL NO: #925 P11 EWER ARCHITECTS WASHINGTON SOIL AND WATER CONSERVATION DISTRICT FAXED 191004/012 1100 Curve Crnl Itvd.. Thom 101 11+11«90., MN 13012 (Net •$401 1. The applicant is responsible •.'or ensuring that the replacement wetland he "wet." Several details relating to this point need clarification h the plan.. (a) provided. fthc Iso11_conditiot are,be irsd era 1.10-SUpp addres eg Ayt I ►tiena �Yll et take tt c rrect these inacl .qua i (b) The stortnwater ponds appear to be very near to the existing wetland. Doeumentaaeumighulayited ,ntortitt the Q1 cl aeon th e &V(tinn t1tc stermvu�r Fula orinore ac= mnat •C h f e Stoorrnwi t r.pond rem tht gxistit wetlandS,Vi t. ch Qr fiU n po tinr1 o f these wettlads (c) The cateutations pertaining to the 6tonnwater ponds are based on estimates of Mature run -oft, After the arca is folly developed. detn r2S 1a tint3jn st be plo'. Lithnw1hc on es W ii pn a r► r t _in4 rim lima. ere e (d) Thin stotmwater wetland complex has an elaborate hydrologic system planned T +e t'n ern through het Ystcm, sh �t�it�0 and-APItiftraIliN1Lnagsatztraisiecianslearly_illusixaw he. wateU 2. The plan relies on transplanted organic soil to provide a seed source for revegetation. The dominant hydrophytie vegetation lisle, are nOt necessltrily cortsictered highly desirable. tier recorntytend the er e .00/27/98 09:23 FAX 012 222 8801 ,august 1, 1946 Page 2 Walkad-tirrahLaiiiiircLiZaridaYalLatallAbl e ttan,1 pecie Reseeding the entire basin to desirable wetland specks would be preferred, 3. It appears from the plans that Wetland A may periodically be inundated with runoff or overflow during 10 or 100 year storm events. The WCA allows stormwater treatment systems to fulfill part of the replaeemcttt credit when designed under specific guidelines. This stormwater pond wetland complex appears to have the replacement wetland scree as the final cell in a stormwater treatment system, although the expected water level rise or "bounce', is greater than the WC f .spcciftCations, The expected bounce is reported as 1.15 ft, while WCA specific: a "maximum 12-inch t•tse" Since the stormwater pond wetland complex is designed to aloW the rate of discharge to Browns Creek, thereby protecting a highly valuable wetland resource, we feel that under the flexibility provided in the 1996 revisions to the WCA, this design Is acceptable. A plan an hedt ae f r maint atte of the Rtorm ntet„ l i, ,eetzeired_by the W,C4, mat,= taibitt,this1"m'nt pia a n rid de, caLgayf„ periedic ■v ew. ibutake hylirningic gyg f„ ,en the m iboring ,ts d eloped with c i Less sue s made ,ns nee .d to accnrnme iati tic &Lin_raa f, Any such changes or corrective measures must be reviewed and approved by the SWCD. 4. Erostan zentro t__ s_ LQ b sh on he plans. While silt fence and rock construction entrance are noted, other erosion control measures such as catch•basin protection should be also be noted on the grading and drainage, and wetland replacement plan. Overall, I feel this replacement plan could be approved with some conditions consistent with the comments rioted above. The highly public nature of this project, with the potential for the wetland to be used for environmental learning classes, makes this a special wetland creation. We realird1hat the fltturc development of the land to the south will have an impact on this site, and we anticipate future revisions to these plans. We expect to review those plans as they become available, I hope this letter assists Stillwater Township in the review process for the Stillwater Elementary School project, If you have any questions, pleat a feel free to call mo at 439 6361. Sincerely, Jynectt Thatcher Wetland Technician yeex‘s.„ oc: Browns Creek WMO Ktayton Eckles, City of Stillwater Greg Hailing, flailing Engineering Rich Dahl, BRBW Architects: Ron Peterson, Peterson Environmental Consulting, Inc, 8W)R ARCHITECTS '1005/012 Mr v.0 1, Attachments. MEMORANDUM TO: Mayor and City Council A., FR: Steve Russell, Community Development Director DA: August 30, 1996 RE: ADOPTION OF REVISED PARKS ANQ TRAILWAY DEDICATION POLICY r The attached policy will replace the existing city's park dedication policy. The policy was revised to help implement the comprehensive plan. The parks board and planning commission participated in developing the policy and recommend it for council adoption. The joint board reviewed the policy at their meting of August 29, 1996, and certified the policy as attached. Enclosed are comments from the public received and considered at the planning commission and joint board meetings. Recommendation: Approval as revised Parks and Trailway Policy. CITY OF STILLWATER PARK AND TRAIL 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, TRAIL 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 intensity of development permitted and allowed within any area. Urban development means greater numbers of people and higher demands for park, playground, wetlands, trails and public open space. The Park Plan Standards of the City, an element of the Comprehensive Plan, has established minimum community criteria for meeting the needs of the residents of Stillwater. In order to meet the community needs for parks, playgrounds, wetlands, trails and open space, ten (10) acres of such land is required for each 11000 residents of which seven (7) acres shall be designated as neighborhood parks. Neighborhood parks have a service area of one quarter mile. This shall be the standard upon which the City shall establish its park land and parks cash dedication. It is the policy of Stillwater that the following guidelines for the dedication of land for park, playground and public open space purposes (or cash contributions in lieu of dedication) in the subdividing and developing of land are appropriate. 3. RESIDENTIAL PARK LAND DEDICATION: The amount of land to be dedicated shall be based on the net developable land area of the proposed subdivision, proposed type of dwelling unit and density. The 1990 census data for households includes 2.8 persons per household. The formula for land dedication: The greater of 1) proposed units per acre or 2) zoned density. Dwelling Unit_Densily Land to be Dedicated 0 1.9 units per acre 9% 2.0 3.5 units per acre 10% 3.6 5.9 units per acre 11% 6 10 units per acre 12% 10+ units per acre Additional .5% for each unit over 10 Commercial 7.0% of net land area 4. RESIDENTIAL TRAIL REQUIREMENTS: Residential subdivider shall provide community trail facilities acceptable to the city or pay a fee of $225 per residential dwelling unit for trails. 5. 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. F. To be eligible for park dedication credit, land dedication is to be located outside of drainways, flood plains or ponding areas after the site has been developed. Grades exceeding 12 percent or that are unsuitable for park development may be considered for partial dedication. Absent unusual conditions, storm water drainage areas and holding areas or ponds shall not be considered wetlands. However, where wetlands have been determined to have a park function by the Parks and Recreation Board, credit may be given at a rate of 25 percent of the pond or holding area and adjoining land areas below the high water level; a minimum of 70 percent of land above the high water mark or 100 year flood plain shall be dedicated before pond or holding area credit is granted. In addition, developers must also comply with City dedication policies relating to wetland dedication. Where subdividers and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, or ball fields, within the development for the benefit of those residing or working therein, and where, in the judgement of the Parks and Recreation Board, the amenities significantly reduce the demands for public recreational facilities to serve the development, the Community Development Director may recommend to the Parks and Recreation Board that the amount of land to be dedicated for park, playground and public open space (or cash contribution in lieu of dedication) be reduced by an amount not to exceed 50 percent of the amount 4 calculated under paragraph 2 above. G. The City, upon review, may determine that the developer shall create and maintain 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. 6. 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 following guidelines: Single Family Residential $725 per unit Duplexes $500 per unit Townhomes $500 per unit Multifamily $500 per unit 7. COMBINATION LAND AND CASH DEDICATION: The city may require the subdivider or developer to make a combination cash and land dedication pursuant to the following formula: A. The amount of land which could be required in accordance with Section 3 shall be calculated. B. From the total calculated in subparagraph (A) above, the actual amount of land the city determines to be needed to fulfill the purposes of this Subd. 6 shall be subtracted. C. The balance arrived at in subparagraph (B) above, shall be converted into a cash contribution in lieu of land dedication pursuant to a standard formula established by the city, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development and the percentage of the total park dedication obligation represented by the said balance. 8. 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, 7.0 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. 9. 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 determined by the City. A credit of up to 25 percent of the required dedication may be allowed by the City Council 6 for on -site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources as recommended by the Parks and Recreation Board.. The City Council, upon review and recommendation of the Parks and Recreation Board, may review and determine by resolution an adjustment to the fee based upon the City's estimate of the average value of undeveloped land inlhe City. 10. REQUIRED PLAN AND IMPROVEMENTS TO PARKS: The developer or subdivider shall be responsible for preparing a concept park plan or trail plan based on the Parks, Open Space and Trails Plan as identified in the Comprehensive Plan as approved by the Parks Board, and for making certain improvements to their developments for parks, playgrounds and public open space purposes as follows: A. Provide finished grading, appropriate ground cover or sodding for playground, paved trails and perimeter landscaping. B. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. C. Provide sufficient improved public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. 7 Unity of Site Plannin Architectural Design Cons truction: 008 4✓OODDALE_ DR WOOD6u Y, P1N 55125 F°HONE. (612)731 -3153 rt (612)731-4(56 To: Members, Stillwater City and Town Joint Board We respectfully request that the Joint Board review the following recommendation regarding the City Park and Trail Dedication Policy ordinance. Pa a 4, -Item E excerpt:" g rp To be eligible for park dedication credit, land dedica- tion is to be located outside of drainways and flood plains or ponding areas, after the site has been developed." Downtown Stillwater's. and Hudson's river front park demonstrate. the obvious function, value and beauty of parks that front on water and ?hat infrequently flood. Recognizing this value within, the ordinance will cause more attractive openspaces to be created and help contol the cost of development, Recommended Language modification: To be eligible_ for park dedication credit; land dedication is to be located outside of drain ways, flood plains and ponding areas, that can be shown by a civil engi- neer to have the probability of flooding more that 2 times per year, after the site has been developed." Thank you for your consideration. _Respectfully, Marc ut an V.P., Planning /Charles Cudd Co. Reg. Landscape Architect, CrrY.PARK AND TRAIL DEDICATION •POLICY :.,JOINT BOARD LANGUAGE CHANGE REQUEST. Aug. 29, 1996 -page 1 of 1. Western Metro Office:' 12'2 E. WAYZATA BLVD WAYZtcTA N 5 391 P HONE (eaa)46 -1223 f-Ax (612)-}76 -8232 L'VO'�39g5 MI architecture or interior design hirnishings construction management quality assurance warranty administration service neighborhood land planning rleveL>pmrnt landscape architectur R� IV'111111 1V ■I�llll1l DO ITY RUMBLE T r r VrLiER Il AO' st *iIATIOV Alldtneys ,ia LIor 1Yntot9dittrtJial August 20, 1996 VIA FAX: 439.641 Mr. David Magnuson Stillwater City Attorney P.O. Box 438 Stillwater, MN 55082 MAGNUSON 3,01 raw 1uu' l ,t 150 Saw/ Mat 5trodt Minrcopubr. Minnoato t3W24235 teforhenv 01121 lat•?.4a; Ft� gala 7 tJ. 4 ..l LAW OFFICE M? 11, i 71, .tJ uwt Lcneet O Esst S:rtn11151rr41 Sabel I ;+ul. \tinncr+ito 74;11140W 1i'1t htmt' t"1'I N1.011 F.1t 1bl2i:11•'31:+ 340 -5571 Re; City of Stillwater Proposed Park and Trail Dedication Polley Dear David: Sincerely yours. David C. Seller n DCS /eka cc: Marc Putman, Charles Cudd Company, via fax 731 -4869 6 1911, .W h'Th.pW.,WW, r1.n Suite (100 W ii g out, P.C. 2t100 Yt4t.pb Intl) 391.2554 MX (21121393 -3131 ■.171 VOW .M.1 rw 0 trW SevotiN 1oin1R 51..I Ikmct, Colotadu 111 1202..5023 1 ekr115774 7111 FM (303) S72 xaoc.• t.. Muv%oapuliv „File I write on behalf of Charles Cudd Company to serious concerns about the legality of the proposed Policy, which is to be considered by the City Council on August 20, 1996. Anuming that the City has or intends to adopt an ordinance which incorporates it,1 do not believe that it meets the requirements of Nollan v. Wit= California Coastal Commission, 483 U.S. 825 (1987) or .Dolan v., City of Tigard, 114 S.Ct. 2309 (1990. After those two Supreme Court decisions, the burden is on the city to establish not only an essential nexus between the required dedication and the burdens and benefits of the subdivision, but it must also show that there is a "rough proportionality" between a required dedicaatiott both u to nature and extent to the impact of the proposed development. The burden is on the city, and It is a particularly difficult one, I believe, with respect to neighborhood or village commercial and park dedication. Minnesota Statutes, 462.358, Subd. 2b authorizes dedication of a "reasonable proportion" of a proposed subdivision for "conservation purposes" or for "public use as panes, playgrounds, trails, wetlands, or open space." In my view, the question of whether a "reasonable proportion" has been required mandates an aggregation of the listed public use types. There is no magic percentage which has been authorized. Under Dolan, each particular required dedication mandates an individualized determination as to whether it is a "reasonable proportion The proposed Policy does not acknowledge the necessity for the individualized determination. Moreover, it establishes a floor for ponding snd wetland areas to be considered as a credit against mandatory dedication. I do not believe that this approach complies with state and federal law. For these reasons, I ask that you examine the proposed revised Park and Trail Dedication Policy for compliance with state and federal law. MAGNUSON LAW FIRM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney Jy DATE: September 3, 1996 RE: Territorial Prison Gordon Iron and Metal's Lease Attached for approval by the City Council is the Lease for Gordon Iron and Metal Company's portion of the Territorial Prison Site. I enclose copies of the other two (2) Leases that have been sent to the tenants, but not returned to me in time for consideration with tonight's agenda. DTM /ds Attachment LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUrrE #202 P.O. Box 438 STILLWATER. MN 55082 TELEPHONE: (612) 439 -9464 TELEconER: (612) 439 -5641 MEMORANDUM LEASE THIS LEASE, entered into this 9-8 day of between the City of Stillwater (Landlord) and Gordon Iron MetalLCo. (Tenant) WITNESSETH: 1996, by and In consideration of the rents to be paid and the covenants and agreements to be performed, Landlord does hereby lease part of a building and grounds located at the former Minnesota Territorial Prison, City of Stillwater, County of Washington, State of Minnesota, shown on Exhibit "A" attached (Premises). 1. TERM 1.1 The term of this Lease is a month to month term beginning September 1, 1996. 2. RENT 2.1 The rent per month shall be at the following rate: seventy-five and no /100 dollars ($75.00) per month beginning on September 1, 1996. 3. ALTERATION ADDITIONS 3.1 Tenant shall not make any alterations, additions or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. 3.2 Tenant accepts Premises in an "as is" condition with warranty of habitability or otherwise. 4. UTILITIES 4.1 All utilities are included in the gross rent. 5. INSURANCE 5.1 Tenant's Insurance Tenant will, at it's expense, at all times maintain. 5.1.1 Insurance with respect to Tenant's interest and any equipment, machinery, systems and agreements with employees or contractors against loss or damage by fire, lightning, windstorm, tornado, hail and other risks as are customarily covered by extended coverage in each case for the full insurable value thereof: and 5.1.2 Comprehensive general public liability insurance, naming Landlord as an additional insured, against claims for death, bodily injury and property damage arising on or about the Premises with a combined single limit of not less than $600,000. 6. RELEASE 6.1 Notwithstanding any other provision in this Lease to the contrary, Tenant hereby releases Landlord form any and all liability or responsibility for any loss or damage arising under the Lease. 1 LANDLORD: By 7. REPAIRS MAINTENANCE 7.1 Tenant is responsible for cleaning and maintaining their Premises. 8. DAMAGE 8.1 If the premises are damaged or destroyed and cannot be used, Landlord will have the option to cancel the Lease rather than make the repairs. Tenant may also terminate the Lease immediately. Rent will abate from the date the damage or destruction occurs. 9. TRANSFERS 9.1 Tenant may not assign, transfer or sublet their interest under this Lease. 10. TERMINATION 10.1 Either party may terminate this Lease upon not less than thirty (30) days prior written notice or upon any lessor notice that the parties agree upon. 11. MISCELLANEOUS 11.1 Notices All notices, requests, demands, consents, approvals and other communications which may or are required to be served or given hereunder (for the purpose of this section collectively called "Notices shall be in writing and shall be served personally or sent by registered or certified mail, return receipt requested, postage pre -paid, addressed to the party to receive such Notice as follows: Jay L. Kimble, Mayor ATTEST: By Morli Weldon, Clerk If to Landlord: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 If to Tenant: Gordon Iron Metal Co. 207 Nelson Street Stillwater, MN 55082 12. SECURITY DEPOSIT 12.1 Any security deposit is not required. 13. SIGNAGE 13.1 No outside or window signs are allowed. IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed and delivered as of the date first above written: 2 TENANT: GORDON IRON METAL CO. STATE OF MINNESOTA COUNTY OF WASHINGTON) STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) ss. The foregoing instrument was acknowledged this day of me, a Notary Public by Jay L. Kimble, Mayor, and Morli Weldon, Clerk. Notary Public The foregoing instrument was acknowledged this j day of 1996, before me, a Notary Public by 4:1--c-vvcsi/ of Gordon Iron and Metal Co. 1996, before I l II i1 MO illia i Mli i III IN MI i MI i i MI i MI MI MI .r ititr,p Y .1 Sanborn 6 w 4 ;1 1 CMXX -95 -0573 {4* iTf.'. t -C,i.. 1956 .fr. u `s •i�v oy 4 I: .i :t ,�����t• Q ti n b +.a ••,d 1_ lit... s. ,mss 1 •�:.y. Y.,�,;a: J A CORD, PRODUCER Kei ter Keister Agency, Inc. Pic 469, 204 So. 3rd St. er MN 55082 Keister Keister Agency, Inc. Phone No 612 430-1666 INSURED CO LTR A A Gordon Iron Metal Company PO Box 59 Stillwater MN 55082 TYPE OF INSURANCE AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABIUTY ANY AUTO EXCESS UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TtiE PROPRIETOR/ PARTNERS/EXECUTNE OFFICERS ARE: ACORD 25•S (1/95) City of Stillwater 216 North 4th St Stillwater MN 55082 Fa: No. 612-430-1908 GENERAL UABIUTY X COMMERCIAL GENERAL LL4BIUTY C1 23126727 1 CLAIMS MADE n OCCUR OWNER'S CONTRACTOR'S PROT C1 23126730 INCL WC 136783318 EXCL POUCY NUMBER OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES/SPECIAL ITEMS STILL 1 DATE MMIDDMI) 30RDO -2 08/27/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A CNA Insurance Company COMPANY B COMPANY C COMPANY D COVERAGES s<:>::;'>: zi>:>::>::::>:<:::::>::>::>::: s:.>:::>[::::>::: s:::'»::»»>:.>::»>':<<::<'::::>:<:>:>:;>::::.»:•>::: r<:>:>: THIS 1S TO CERTIFY THAT THE E POUCIES OF E INSURANC D USTE BELOW HAVE E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXOLUS :ONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN HEDUCED BY PAID CLAIMS. POUCY EFFECTIVE POLICY EXPIRATION DATE (MM/DWYY) DATE (IAM/DD/YY) 1 GENERAL AGGREGATE 10/01/95 10/01/96 I PROOUCT8- COMP/OP AGG PERSONAI. ADV INJURY EACH OCCURRENCE I FIRE DAMAGE (Any one 1Irs) I MED EXP (Any one person) 10/01/95 10/01/96 Keister Keister Age COMBINED SINGLE UMR S BODILY INJURY (Per pew) BODILY INJURY (Per accident) UMITS PROPERTY DAMAGE S AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE 1 AGGREGATE I TORY LIM I 1 ER EL EACH ACCIDENT 10/01/95 10/01/96 EL DISEASE POUCY UMIT EL DISEASE EA EMPLOYEE ,Li t. Is 2,000,000 1$ 1,000,000 1$ 1,000,000 Is 1,000,000 Is 50,000 (s 5,000 1,000,000 S s 100,000 s 500,000 100,000 NCOAATIO SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, )PS.GENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ?AC RD RPowic t4 1888 Mr. Dan Parker Independent School District No. 834 1875 South Greeley Street Stillwater, MN 55082 RE: Lease Agreement Dear Dan: MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 Noarm MAIN STREET SurrE #202 P.O. Box 438 SrILi.wATER. MN 55082 TELEPHONE: (612) 439 -9464 TELECOPIER: (612) 439 -5641 August 26, 1996 Enclosed is a Lease that the City would like for the School District's interest in the Territorial Prison Site. I don't know if you have a copy of the sublease to Ryder, but it would be helpful if we could have this for our file. Finally, we don't know exactly what portion of the premises you are using so it would be helpful to draw out the area on the enclosed map and also describe any buildings or portions of buildings that you consider part of the leased premises. Please call me if you have any questions on this. DTM /ds Enclosures Yours very truly, David T. Magna. n Stillwater City orney 1 Ar 4. r ke r 1 11 11 6/ 1 1 —1 s 1.. p f, tr-" .44, es fir* 4 4.. 1.',# *b e 1 �r�,•. n WP NP NP IW IW VP UP VW •i it b' U N+ 001 1 a:• r %(fz y r KJw rI• j r ∎1 =T 9S61 1 XXINJ WP WM WM WI EN on us 1 1 1 1 1 1 1 LEASE THIS LEASE, entered into this day of 1996, by and between the City of Stillwater (Landlord) and Independent School District No. 834 (Tenant) WITNESSETH: In consideration of the rents to be paid and the covenants and agreements to be performed, Landlord does hereby lease part of a building and grounds located at the former Minnesota Territorial Prison, City of Stillwater, County of Washington, State of Minnesota, shown on Exhibit "A" attached (Premises). 1. TERM 1.1 The term of this Lease is a month to month term beginning September 1, 1996. 2. RENT 2.1 The rent per month shall be at the following rate: one thousand four hundred seventy-five and no /100 dollars ($1,475.00) per month beginning on September 1, 1996, and in addition payment for utilities are set forth in §4.1. 3. ALTERATION ADDITIONS 3.1 Tenant shall not make any alterations, additions or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. 3.2 Tenant accepts Premises in an "as is" condition with warranty of habitability or otherwise. 4. UTILITIES 4.1 All utilities are included in the gross rent except for heating costs associated with the tenancy in the amount of nine hundred fifty and no /100 dollars ($950.00) per month for the months of September through April and utility services including all water and electrical services in the amount of six hundred twenty-five and no /100 ($625.00) which are payable as additional rent. 5. INSURANCE 5.1 Tenant's Insurance Tenant will, at it's expense, at all times maintain. 5.1.1 Insurance with respect to Tenant's interest and any equipment, machinery, systems and agreements with employees or contractors against loss or damage by fire, lightning, windstorm, tornado, hail and other risks as are customarily covered by extended coverage in each case for the full insurable value thereof: and 5.1.2 Comprehensive general public liability insurance, naming Landlord as an additional insured, against claims for death, bodily injury and property damage arising on or about the Premises with a combined single limit of not less than $600,000. 1 6. RELEASE 6.1 Notwithstanding any other provision in this Lease to the contrary, Tenant hereby releases Landlord form any and all liability or responsibility for any loss or damage arising under the Lease. 7. REPAIRS MAINTENANCE 7.1 Tenant is responsible for cleaning and maintaining their Premises. 8. DAMAGE 8.1 In the event of damage or destruction that makes the premises unusable, Landlord will have the option to cancel the Lease rather than make the repairs. Tenant may also terminate the Lease immediately. Rent will abate from the date the damage or destruction occurs. 9. TRANSFERS 9.1 Tenant may not assign, transfer or sublet their interest under this Lease except for their sublease to Rider Transportation which sublease is acceptable to the Landlord. 10. TERMINATION 10.1 Either party may terminate this Lease upon not less than thirty (30) days prior written notice or upon any lessor notice that the parties agree upon. 11. MISCELLANEOUS 11.1 Notices All notices, requests, demands, consents, approvals and other communications which may or are required to be served or given hereunder (for the purpose of this section collectively called "Notices shall be in writing and shall be served personally or sent by registered or certified mail, return receipt requested, postage pre -paid, addressed to the party to receive such Notice as follows: If to Landlord: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 If to Tenant: Independent School District No. 834 1875 South Greeley Street Stillwater, MN 55082 12. SECURITY DEPOSIT 12.1 Any security deposit is not required. 13. SIGNAGE 13.1 No outside or window signs are allowed. IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed and delivered as of the date first above written: 2 40 LANDLORD: By Jay L. Kimble, Mayor ATTEST: By TENANT: Morli Weldon, Clerk Independent School District No. 834 By Its STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged this day of me, a Notary Public by Jay L. Kimble, Mayor, and Morli Weldon, Clerk. STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) Notary Public The foregoing instrument was acknowledged this day of 1996, before me, a Notary Public by of Independent School District No. 834. Notary Public 1996, before Mr. Wally Lindell Lindell Carriage Co. 11451 Valley Creek Road Woodbury, MN 55125 Re: Lease Agreement Dear Wally: DTM /ds Enclosures MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SunE #202 P.O. Box 438 STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 TELECOPmt: (612) 439 -5641 August 26, 1996 Enclosed is a Lease Agreement that the City had me prepare. I talked to the City about charging you no rent for your space at Maple Island, however, some thought that at least twenty-five and no /100 dollars ($25.00) per month would be reasonable since it would establish a more formal relationship between you and the City for insurance purposes. I hope this is alright with you. I would also like you to describe the areas that you are now using. You could draw out this area on the enclosed map and describe the portions of the buildings that you are using. Please sign this and return it to me, but if you have any questions, please feel free to call. Yours very truly, David T. Ma uson Stillwater Ci Attorney mil MI Mil ea taa Mk MS Imo MI dill MI MI MI did MI AN Al AI A;N.4.; btu'.• r1:10t 51 i 1: r,t krYrirM Sanborn CMX -95 -0573 isfr 11■Ar9,1 99. 1956 �4�'i0.�. =ri'� 't �Z :r g G r I 4. ...010• i A ••4.• •M •9 10 10 s •••s 1 i• i s r• --',,`E r 4 r 1 r L� Y4 r rr` 1010. 7 r. ••;�r•r,r �,`•M. 9. •s 7 1 s 'r p 2 ON LEASE THIS LEASE, entered into this day of between the City of Stillwater (Landlord) and Lindell Carriage Co. (Tenant) WITNESSETH: In consideration of the rents to be paid and the covenants and agreements to be performed, Landlord does hereby lease part of a building and grounds located at the former Minnesota Territorial Prison, City of Stillwater, County of Washington, State of Minnesota, shown on Exhibit "A" attached (Premises). 1. TERM 1.1 The term of this Lease is a month to month term beginning September 1, 1996. 2. RENT 2.1 The rent per month shall be at the following rate: twenty-five and no /100 dollars ($25.00) per month beginning on September 1, 1996. 3. ALTERATION ADDITIONS 3.1 Tenant shall not make any alterations, additions or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. 3.2 Tenant accepts Premises in an "as is" condition with warranty of habitability or otherwise. 4. UTILITIES 4.1 All utilities are included in the gross rent. 5. INSURANCE 5.1 Tenant's Insurance Tenant will, at it's expense, at all times maintain. 1996, by and 5.1.1 Insurance with respect to Tenant's interest and any equipment, machinery, systems and agreements with employees or contractors against loss or damage by fire, lightning, windstorm, tornado, hail and other risks as are customarily covered by extended coverage in each case for the full insurable value thereof: and 5.1.2 Comprehensive general public liability insurance, naming Landlord as an additional insured, against claims for death, bodily injury and property damage arising on or about the Premises with a combined single limit of not less than $600,000. 6. RELEASE 6.1 Notwithstanding any other provision in this Lease to the contrary, Tenant hereby releases Landlord form any and all liability or responsibility for any loss or damage arising under the Lease. 1 t LANDLORD: By 7. REPAIRS MAINTENANCE 7.1 Tenant is responsible for cleaning and maintaining their Premises. 8. DAMAGE 8.1 If the premises are damaged or destroyed and cannot be used, Landlord will have the option to cancel the Lease rather than make the repairs. Tenant may also terminate the Lease immediately. Rent will abate from the date the damage or destruction occurs. 9. TRANSFERS 9.1 Tenant may not assign, transfer or sublet their interest under this Lease. 10. TERMINATION 10.1 Either party may terminate this Lease upon not less than thirty (30) days prior written notice or upon any lessor notice that the parties agree upon. 11. MISCELLANEOUS 11.1 Notices All notices, requests, demands, consents, approvals and other communications which may or are required to be served or given hereunder (for the purpose of this section collectively called "Notices") shall be in writing and shall be served personally or sent by registered or certified mail, return receipt requested, postage pre -paid, addressed to the party to receive such Notice as follows: By Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk If to Landlord: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 If to Tenant: Lindell Carriages 11451 Valley Creek Road Woodbury, MN 55125 12. SECURITY DEPOSIT 12.1 Any security deposit is not required. 13. SIGNAGE 13.1 No outside or window signs are allowed. IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed and delivered as of the date first above written: 2 TENANT: LINDELL CARRIAGE CO. By Its STATE OF MINNESOTA COUNTY OF WASHINGTON) STATE OF MINNESOTA COUNTY OF WASHINGTON) ss. The foregoing instrument was acknowledged.this day of me, a Notary Public by Jay L. Kimble, Mayor, and Morli Weldon, Clerk. ss. The foregoing instrument was acknowledged this 1996, before me, a Notary Public by of Lindell Carriage Co. Notary Public day of Notary Public 1996, before 7 August 26, 1996 Mr. Jay Kimble Mayor 216 N. Fourth St. Stillwater, MN 55082 Dear Mr. Kimble: I am writing to inform you of an idea that was generated within my neighborhood, and to ask that the City of Stillwater formally endorse this concept. I live at 1619 W. Pine St., and like most of my neighbors have been impacted by the recent street resurfacing project. As a way of "reclaiming" our street, we thought it would be interesting to organize a block party with the theme being "end of construction zone We have asked all the residents of Pine St. between Seeley St. and Greeley St. to join us for an evening of fun and reflection along our soon- to -be- completed thoroughfare. We would like to ask that the City of Stillwater allow us to have the street blocked off between Seeley Street and Greeley Street on the evening prior to the official re- opening to accommodate this idea. We feel that this would insure a safe environment for the participants without being much of an imposition to would -be motorists. The neighbors are willing to assist city personnel in any way with respect to this process. Please notify me if this is necessary. Thank you in advance for your anticipated cooperation in this regard. On a personal note, I would like to invite you and/or any other city officials to our celebration of the re- opening of Pine St. Unless I hear from you otherwise, I will assume that our idea has your approval Respectfully, Richard Hill Pine St. Block Party Chair Helping youth and families STILLWATER Main Office Historic Court House 101 W. Pine Street Stillwater, MN 55082 Phone 612 -439 -8800 Fax 612- 439 -1040 WOODBURY Woodbury City Hall 8301 Valley Creek Rd. Woodbury, MN 55125 Phone 612 735 -9534 Fax 612 735 -9534 COTTAGE GROVE 7064 W. Point Douglas Rd. Suite 201 Cottage Grove, MN 55016 Phone 612 458 -5224 Fax 612- 458 -5310 Youth Service Bureau August 26, 1996 The Honorable Jay Kimble, Mayor Council Members City of Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Kimble and Council Members: For over eighteen years, the City of Stillwater has made a commitment to the youth of our community to provide them with needed services that are quick and affordable. In our effort to continually enhance our programming and expand our capacity to serve high risk youth, we have merged the St. Croix Valley Youth Service Bureau with South Communities Counseling Service to form the Youth Service Bureau, Inc. (YSB). Both organizations have had a strong history of community involvement and commitment to meeting the needs of high risk youth and their families; maximizing their ability to become capable, confident and productive citizens. We are asking that you continue to support our efforts in 1997 by contributing $26,088 as listed on the enclosed funding formula. Please be assured that your support will maintain the same level of quality programming and services that we have consistently offered. These programs include community diversion services intended to give law enforcement quick access to programs for minor juvenile offenders who would otherwise be petitioned to court. Community based and immediately available, they provide a response that is swift and sure. As our Annual Report describes, these "behavior specific" interventions include the parents and work with youth involved in theft, chemical use, assaultive behavior and fire setting. Youth may also be in need of counseling assistance and these funds will be used to offset the costs of helping those families without insurance, or other means. Support from the City of Stillwater has been essential to the healthy growth and development of our program in the St. Croix Valley. This support and confidence has made it possible for hundreds of young people and their families to receive help in a timely and respectful manner. Many of these young people have now become healthy and contributing citizens with children of their own. Thank you for your consideration and ongoing support. I would welcome an opportunity to appear before the council to discuss our request in more detail. Sincerely, aul Weiler Executive Director Enclosure c: Niles Kriesel, Coordinator Afton Bayport Baytown Township Grant Township Lake Elmo Lakeland Lakeland Shores Lake St. Croix Beach Marine on St. Croix May Township Oak Park Heights St. Mary's Point Stillwater Stillwater Township West Lakeland Township Total: ST. CROIX VALLEY YOUTH SERVICE BUREAU 1997 COMMUNITY FUNDING FORMULA t of youth of total served population contribution 4.5 6.1 4,973 3.9 4.6 3,750 .8 2.2 1,794 2.6 8.7 7,093 10.2 13.6 11,088 5.9 4.6 3,750 .2 .7 571 2.0 2.5 2,038 1.6 1.4 1,141 3.0 5.8 4,729 8.7 8.0 6,522 .6 1.0 815 49.7 32.0 26,088 4.4 4.8 3,914 2.1 4.0 3.261 $81,527 Aroader liorizons The merger is a major topic of this year's annual report. After nearly 20 years of separate but basically similar operations. the St. Croix Valley Youth Service Bureau and South Communities Counseling Service have merged. The action was officially approved at the April, 1996, joint meeting of the boards of directors. The directors voted to adopt the common name, Youth Service Bureau, Inc. and maintain the present offices in Stillwater, Cottage Grove and Woodbury. The Stillwater office, located in the Washington County Historic Courthouse, was designated as the main office. Paul Weiler (photo on right), executive director of the St. Croix Valley Youth Service Bureau since it was founded in 1978, was appointed executive director of our new, larger organization. The boards have been united into a single governing body. In the near future, advisory boards will be created with representatives from the communities served by YSB. Their functions will be to provide citizen input and make program recommendations based upon community needs. The consolidation makes sense for many reasons. There are economies of scale by bringing together functions that lower administrative costs including reduced bookkeeping, payroll, printing, fund- raising and other expenses. This will free up resources to enhance and expand our services to children and families. In addition to foundation and corporate support, we receive assistance from the St. Croix Area and St. Paul United Ways in Minnesota and the Greater St. Croix County and Hudson Area United Ways in Wisconsin. Fhnding is also received from the state, county, municipalities, School District 833, client fees and contributions from individuals. We believe the new organization will help build our capacity to raise the funding to continue our important work. Our 77ew Symbo". of Seirvice Featured on the front cover is our new logo. Symbolizing our theme, "Helping Youth and Families," the stylized hands depict an adult reaching down to grasp a smaller hand of a youth. Dalid Knefelkamp (1.) of the St. Croiv Ihlley Tooth Service Bureau and Donald Schmitz (c) of South Communities Counseling Service Message From David Knefelkamp I feel good about the merger of our two agencies. Our goal from the start was to provide an immediate, cost effective means to intervene when a young person is having problems. Joining these two successful programs means that more families and youths can get help when it is needed without involving the juvenile court system. Our new effort will also be more attractive to the funding sources we need so client accessibility is insured. Being the board chair of a non -profit organization is like piloting a plane. You have to get airborne and fly smoothly but it actually runs itself once the direction is plotted. That's the job of the chair and board members: To set the course, policies and programs that will benefit our clients. The St. Croix Valley YSB has had only one executive director, Paul Weiler. His management and leadership are the key to the program's success. Paul had the vision of what programs were needed to help keep kids out of trouble and how to mend family difficulties. He has hired the unique staff necessary to provide early intervention to those in need. We could not have achieved this success without the early involvement and blessing of the county board, Juvenile Court Judge Howard Albertson and the city councils of the communities we serve. They were quick to observe that every dime spent on YSB efforts saves many dollars later on as well as diverting a young person headed for trouble to a more positive lifestyle. This merger will have a very positive influence on the young people and families of our extended service area and therefore will benefit communities in School Districts 833 and 834. It is the right time for such a sharing of programs. Tie Board 9"icifrs Message From Donald Schmitz Over the 31/2 years I have chaired the former SCCS Board of Directors through some very uncharted waters. The following are a few of the major activities: 1990 Formed a new volunteer board. 1991 Started plans for a new building. 1992 Bought an existing restaurant and renovated the space into our new office with the help of a large fund raising program. 1993 Moved into our new building. 1994 Find a new director. 1994 Interim contract with YSB to use the services of Paul Weiler as our director. 1994 Started a leadership committee of 12 members of the South Washington County area with a purpose of looking at our future. 1995 New Philosophy and Leadership Ob- jective adopted to include the hiring of Paul Weiler as our interim director, to stop servic- ing adult mental health clients and focus on our youth and to begin discussions of a possi- ble merger with the St. Croix Valley YSB. 1996 Forming of a new organization. Through all these activities one word comes to light in making all this happen: DEDICATION. The leadership and dedication of the board and committees was unparalleled countless early and late meetings but through it all the one un- derlying principle always kept us together and that was the dedication of all to improving the opportunities for the youth in our area. As we look forward to the future, we have created a new mission statement: Improve the lives of young people by devel- oping healthy families and communities through Education, Prevention and Early Inter- vention. This statement is proactive: to prevent prob- lems before they happen, to foster training to make this possible and to provide leadership for a clearer path toward tomorrow. I am proud of the role I've played in the proc- ess and look forward to assisting the new or- ganization in the years to come. 1 Who We Are: Introducing Our people From left: Front row, Paul Weiler, Tom Schwietz, Mike Huntley, Dee Coon, Barb Needham and Bob Downs. Center row; Ellyn Thiesse -Duffy and Tom Peichel. Top row; Sharon Haugsby and Eric Carlson. �,at 'fie Igo: The Seirvices VO e iO rovide Our youth and their families who are facing problems have a place to turn to for help, the Youth Service Bureau. And they are utilizing our counseling and diversion programs in ever increasing numbers: Our two agencies last year served over 1,300 youths. This, in turn, translates into about 3,300 people receiving services when parents and other family members are included. Quick reference to the programs we offer and services performed in 1995: Youth, Family and Group Counseling Service Chemical Awareness Program Community Work Service Crisis Intervention Services Fire Awareness Program Outreach Services for At -risk Youth Parent Education Theft Awareness Program Tobacco Abuse Program Truancy Intervention Program Violence Prevention Program Violence Prevention Service PRIMARY PRESENTING PROBLEM Youth Service Bureau Personal Problems Family Problems Delinquent Offense Status Offense PRIMARY PRESENTING PROBLEM South Communities Counseling Service Personal Problems Family Problems Delinquent Offense Status Offense IReacing Out To 1 le 1p Pout. and amiies Counseling, Diversion Programs Prevention and Education Services Counseling We offer individual, family and group therapy. Most persons with presenting concerns are youths but we strive to involve parents and siblings when appropriate. While therapy is performed at our offices, we also meet with clients at school or elsewhere when necessary. The staff are licensed mental health professionals with wide expertise and specialized training in working with children, youth and families. They are qualified for reimbursement from many insurance companies. Our counselors coordinate treatment with physicians, schools, county agencies and law enforcement. To measure our effectiveness, after completing therapy we ask families if the problem they brought to us has improved, become manageable, not changed or become more severe. Our goal has been to achieve a 75% positive outcome, that is, if the problem has been resolved or become manageable. With families we have seen at least four times, we have achieved or exceeded the 75% objective for the past five years. 1Reacfling Out To Help Tout'i and iavni ;ies Counseling, Diversion Programs Prevention and Education Services Diversion Vrograms These programs provide an effective means for addressing minor delinquent behavior. First time adolescent offenders are given the opportunity to participate in one of these programs in lieu of a court appearance. These educational programs focus on the motivation and consequences for specific delinquent behaviors as a means of reducing these illegal behaviors. Failure to comply w ith program requirements will normally result in a court appearance. Parental involvement is required and essential to the process as it serves to reinforce the Wats' efforts to guard against delinquent behavior at home. Chemical Awareness Program An educational program developed to serve as an alternative to court for young people involved in the use of alcohol and illegal drugs. The goals are to: provide information on the consequences of repeated chemical use; offer young people insights into their chemical use/abuse; and furnish information on the consequences of repeated chemical use. Parents are required to participate in the first session along with their child. Community Work Service Coordinated by the county Department of Court Services, it is primarily a restitution program. It provides police, schools and juvenile court judges the option of assigning minor offenders hours of volunteer service. Last year in our two agencies, a combined total of nearly 500 youth performed over 7,500 hours of service. Combining follow -up data for all youths completing our behavior specific programs, 85% do not become involved or re- involved in the juvenile justice system for the following six months. Health Awareness Class This service was developed to provide a consequence for young people who engage in the illegal use of tobacco products. The goal of the class is to provide information regarding the health and legal consequences of tobacco use while at the same time diverting the individual from formal legal consequences. Fire Awareness This program focuses on the needs of adolescents involved in setting fires. Working with police and fire departments, first time offenders are given the opportunity of attending educational seminars and performing community service in lieu of a court appearance. Peaceful Alternatives to Conflict This program is a consequence for youth who have been assaultive or aggressive with their peers, family members or others. It is an educational opportunity for youth to understand the reasons for assaultive behavior, conse- quences for their actions, and acceptable alter- natives for resolving conflicts. Parents are re- quired to participate with their child in the first session. Theft Intervention Program Originally developed in response to an in- creased incidence in shoplifting, the program has been expanded to include minor theft behav- ior. Designed as a diversion alternative for first time offenders, generally youth are referred by the arresting officer, thus bypassing the court process. Parents are required to be Involved in the first session. Since its inception, this pro- gram has served more than 250 yearly in our two agencies. Follow -up data shows that 86% of the participants have not been re- involved in theft behavior after completing the program. Reac"iing but To 1 1e1p Youtfl and families Counseling, Diversion Programs Vrevention and education Community Education Providing prevention and education pro- gramming has always been a priority of the serv- ices we provide. We need to face the difficult and troubling questions of not only why young people get into trouble, but they become produc- tive and contributing members of society. Last year, over 1,500 persons attended our programs that addressed these crucial questions. Friend to Friend With support of the District 833 Youth Devel- opment Fund, this program trains students of Park High School in such areas as communica- tion, decision- making and resource awareness to enable them to work with peers who are expe- riencing turmoil in their lives. Under the guid- ance of adult leaders, peer helpers meet one -on- one with troubled students to help them find solu- tions to their problems. They also befriend new students to ease the transition into their new en- vironment. Graffiti Teen Center The St. Croix Valley Teen Center in Stillwater opened in 1988 and to date over 60,000 young people have passed through its doors. The goal is to provide our youth a social and recreational alternative that is safe, age appropriate, afford- able, accessible and drug, alcohol and tobacco free. Since 1991, our Youth Service Bureau has provided management assistance. Parent Education For a number of years, we have offered par- ent education classes. Titled "Active Parenting," this program is presented throughout the year and consists of a series of six sessions to help parents help their children to give and take re- sponsibility, act cooperatively, and face chal- lenges with courage and confidence. Prevention and Education Services Project ELN.D. Families In Need of Direction (FI.N.D.) pro- vides single parents of elementary age children with information concerning the skills essential for successful Frenting along with the opportu- nity to work together to find solutions to com- mon family problems. The goal is to enable par- ents to raise confident, capable and responsible children. In addition to counseling, other serv- ices include advocacy, referral and respite care a "time out" from parenting. It is organized as a cooperative effort between Family Violence Net- work and Health, Environment and Land Man- agement (Washington County) to provide sup- port to disadvantaged families. S.E.L.E Program The acronym means Support for Emancipa- tion and Living Functionally. Its mission is to pro- vide an experience that will help 16 to 21-year- olds who have been in out-of-home placement to discover the skills, strengths and resources needed to live successfully after emancipation. An annual ten -week summer program, it in- cludes work and education elements. The Wash- ington County Job Training Program provides paid employment on an outdoor maintenance and construction crew. We facilitate weekly training sessions to prepare participants for be- coming independent and self sufficient. United in Learning This project provides educational and sup- port programs to preschool students, their fami- lies, and the staff involved in the Head Start and Early Childhood Family Education (ECFE) pro- grams. Other services include a cooperative ef- fort with ECFE, Washington County and Park High School to provide teen moms who are re- turning to traditional school environments with support and assistance in achieving their educa- tional goals while learning about parenting and child development. r _LJTO i. e of e Female Male Profile of Children and Adolescents Referred Youth Ser ice Bureau 1995 NUMBER 240 34% r 476 66% Age: 12 and Under 48 7% 13 -15 344 48% 16 -18 324 45% Student 696 97% Not Enrolled 20 3% Caucasian 703 98% Minority 13 2% Total Children and Youth 716 Female Male Profile of Children and Adolescents Referred South Communities Counseling Service 1995 NUMBER 225 37% 385 63% Age: 12 and Under 54 9% 13 -15 294 48% 16 -18 262 43% Student 581 95% Not Enrolled 29 5% Caucasian 556 91% Minority 54 9% Total Children and Youth 610 Vrimary Source of r e 'erra PRIMARY SOURCE OF REFERRAL Youth Service Bureau Law Enforcement and Court Diversion Personal (self, family, friend) School or Related Court Ordered Other PRIMARY SOURCE OF REFERRAL South Communities Counseling Service Law Enforcement and Court Diversion Personal (self, family, friend) School or Related Court Ordered Other Statements of Support, ?Revenue and Expenses Year ended December 31, 1995 Support and Revenue Support Public Private Total Support Revenue Client Fees Program Fees Management Fees Rent Investment Income Miscellaneous Total Revenue Total Support and Revenue $298,623 $307,997 $606,620 Expenses Program Services Management General Fundraising St. Croix Valley South Communities Youth Service Bureau Counseling Service Combined $135,942 $157,684 $293,626 55,426 42,163 97,589 $191,368 $199,847 $391,215 -r' $30,381 $64,457 $94,838 $32,965 $5,599 $38,564 $25,197 $25,197 $25,292 $25,292 $17,176 $9,827 $27,003 1,536 $2,975 $4,511 $107,255 $108,150 $215,405 $244,332 $265,882 $510,214 $41,717 $45,011. $86,728 $11,919 $5,597 $17,516 Total Program Expenses $297,968 $316,490 $614,458 Building Expense $25,298 $25,298 Separation of Food Shelf $37,602 $37,602 Total Expense $297,968 $379,390 $677,358 Excess (deficit) of Support and $655 ($71,393) ($70,738) Revenue over Expenses 9ommitment of Support On behalf of our officers, directors and staff... plus the thousands of youth and families we served...we express our gratitude for the generous public and private financial assistance we received. Major Public Support in 1995 Washington County Board of Commissioners and Departments of Community and Court Services State of Minnesota Dept. of Economic Security Independent School District 833 Municipalities Afton Bayport Cottage Grove Lake St. Croix Beach Lakeland Marine on St. Croix May Township Oak Park Heights St. Mary's Point St. Paul Park Stillwater Stillwater Township Woodbury Major Private Support in 1995 Edwards Memorial Trust Hugh J. Andersen Foundation The Mahadh Foundation Margaret Rivers Fund St. Paul Foundation United Way in Minnesota St. Croix Area United Way St. Paul United Way United Way in Wisconsin Greater St. Croix County United Way Hudson Area United Way We also sincerely thank many individuals, organizations, businesses and churches for their valued support. 1995 Roaird o' Directors St. Croix Valley Youth Service Bureau Officers David Knefelkamp, Chair Sharon Stoffel, Vice Chair Ruth Beck, Secretary Gary Baker, Treasurer Board Members Bruce Klosowsky David Magnuson Rita Martini Roberta Opheim Steve Studer Richard Trende M. JoAnn Ward, President David Knefelkamp, Vice President Ruth Beck, Secretary Gus Briguet, Treasurer A T This quotation reflects the dedication and effort which the boards and staff of the St. Croix Youth Service Bureau and South Communities Counseling Service have committed to the merger process. Everyone worked very diligently during 1995 to create a quality organization to more effectively meet the needs of the youth and families we serve. The process generated a spirit of renewal and commitment throughout both organizations and the communities in our service area. South Communities Counseling Service Officers Donald Schmitz, Chair M. JoAnn Ward, Vice Chair Mary Elrod, Secretary Gus Briguet, Treasurer Board Members JoAnn Bailey Owais Bayunus Rob Crepeau Thela Fitzgerald Gail Griffith Jill Johnson Kathy Kovarik Ralph Larson Kelly Millard Sara Mortel Linda Plante Marla Simmet John Walker Gary Whitenack The above directors have been united into a single board for the merged agencies. Officers elected to positions for 1996 are the following: Message from the new Vresidevit: M. JoaQvin `Ward Greetings to all the friends of the new Youth Service Bureau. John Ruskin said, "Quality is never an accident. It is always the result of intelligent effort. There must be the will to produce a superior thing." Many new friendships have been made, and long standing friendships refreshed, as all parties have worked together on the merger process. We are constructing a strong and healthy organization capable of responding to the youth in our rapidly changing communities. This new partnership is developing in the spirit of our historic linkages with individuals, cities, county, state, foundations and the United Way. For nearly 20 years these relationships have made it possible to provide quality programs. The board and staff are sincerely grateful for your support. League of Minnesota Cities Cities promoting excellence 1 August 26, 1996 TO: Mayors, Managers, Administrators, Clerks Councilmembers c/o City Clerk FROM: James F. Miller, Executive Director 145 University Avenue West, St. Paul, MN 55103 -2044 Phone: (612) 281 -1200 (800) 925 -1122 Fax: (612) 281 -1299 TDD (612) 281 -1290 FYI 74A-tb-u SUBJ: League of Minnesota Cities 1996 Regional Meetings Again this year the League of Minnesota Cities will hold twelve regional meetings to bring city officials from throughout Minnesota together. At these meetings current policy issues will be considered, as well as practical questions concerning the problems you face. We cordially invite you to attend a regional meeting and to join in our discussions. This year, the League's regional meetings are scheduled in Dalton, Fosston, Roseau, Emily, Virginia, Askov, Renville, Upsala, Watertown, Heron Lake, Pine Island, and New Ulm. You may receive an invitation from more than one host city, depending upon your location. Please feel free to choose the one which best fits your schedule. The afternoon program will begin at 2:00 p.m. and cover important topics such as how claims against cities are handled, new League services such as our Web Site, the Ambassador's Program, the 4M fund and the new 4M Plus Fund, and an explanation of how the sales tax affects cities. Again this year we will have the "around the table" discussions with cities citing their latest accomplishments. The social hour is scheduled to begin at 5:00 p.m., followed by dinner at 6:00 p.m. The evening program will include a video presentation dealing with the rights of way issue, and a multi -media presentation on conflicts of interest. I hope you will be able to join us at one of our regional meetings. If you plan to attend, please RSVP the city contact person identified on the attached regional meeting schedule to make your reservations. Come for the afternoon, the evening, or both. I look forward to meeting you there. AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER 1 l i III 145 University Avenue West, St. Paul, MN 55103 -2044 L.agu of Minnesota Cities Phone: (612) 281 -1200 (800) 925 -1122 Cities promoting excellence Fax: (612) 281 -1299 TDD (612) 281 -1290 DATE September 25 Fosston September 26 Roseau 1996 REGIONAL MEETINGS CITY LOCATION /CONTACT PERSON September 24 Dalton Corrillunity Center 114 West Main Street Dalton, MN 56324 Dennis Mosher, City Administrator PHONE: 218/589 -8701 The Stadium 104 South Amber Avenue Fosston,'MN 56542 Chuck Lucken, Clerk- Treasurer PHONE: 218/435 -1959 Golf Course Club House 100 2nd Avenue NE Roseau, MN 56751 Leland Lunos, Clerk- Treasurer PHONE: 218/463 -1542 October 1 Emily City Hal /Community Center 2nd Lake Streets Emily, MN 56447 Julie.Frank,_City Clerk 'PHONE: 218/763-2480 October 2 Virginia Coates Plaza Hotel 502 Chestnut Street Virginia, MN 55792 Gary Picek, Deputy City Clerk PHONE: 218/741 -3890 OR Susan Pikula at 218/741 -0581 October 3 Askov Askov Community Center 6369 Kobmagergade (Merchants Street) Askov, MN 55704 Arla Budd, City Clerk PHONE: 320/838 -3616 (OVER) AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER October 15 October 16 October 17 October 22 October 23 October 24 Renville Upsala Watertown Heron Lake Pine Island New Ulm Renville Community Center 221 North Main Renville, MN 56284 Duane Hebert, City Administrator PHONE: 320/329 -8366 Upsala Recreation Center Upsala, MN 56384 Lynn Fabro, Clerk- Treasurer PHONE: 31 -2710 City Hall /Community Center 309 Lewis Avenue South Watertown, MN 55388 Mike Ericson, City Administrator PHONE: 612/955 -2681 or METRO 446 -1711 Heron Lake Area Community Center 312 10th Street Heron Lake, MN 56137 Judy Haberman, Clerk- Treasurer PHONE: 507/793 -2826 American Legion Post #184 108 1st Avenue SE Pine Island, MN 55963 Elmer Brocker, Clerk- Administrator PHONE: 507/356 -4591 New UIm Country Club 1 Golf Drive New Ulm, MN 56073 Diane Hempel PHONE: 507/359 -8233 League of Minnesota Cities Cities promoting excellence AFTERNOON PROGRAM 2:00 -2:30 p.m. "I'M GOING TO SUE YOU How claims against cities are handled League of Minnesota4Cities Insurance Trust Staff 2:30 -3:00 p.m. WHAT'S NEW. How the League's Home Page, Ambassadors Program, Investment Programs (the 4M Fund and the new 4M Plus Fund) and other new League services will benefit your city. League of Minnesota Cities Staff 3:00 -3:15 p.m. Break 3:15- 4:00 p.m. WHAT'S DUE. ARE WE PAYING TOO MUCH? An explanation of the sales tax on cities with an emphasis on what purchases are exempt. Minnesota State Department of Revenue Staff 4:00 -5:00 p.m. AROUND THE TABLE. Each city presents its latest accomplishments Tom Thelen, Field Representative, League of Minnesota Cities 5:00 -6:00 p.m. SOCIAL HOUR OPPORTUNITY TO QUESTION THE AFTERNOON PRESENTERS AND• TO INTERACT WITH OFFICIALS FROM OTHER CITIES. 6:00 -7:00 p.m. Dinner 7:00 -7:15 p.m. INTRODUCTION Jim Miller, Executive Director, League of Minnesota Cities BOARD OF DIRECTORS REMARKS WELCOME Host City Mayor 7:15 -8:30 p.m. 8:30 -9:00 p.m. OFFICIAL CONFLICTS OF INTEREST. What kinds of business transactions between a councilmember and the city are legal, illegal or unwise. 9:00 p.m. Adjoum AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER 1996 REGIONAL MEETING PROGRAM EVENING PROGRAM 145 University Avenue West, St. Paul, MN 55103 -2044 Phone: (612) 281 -1200 (800) 925 -1122 Fax: (612) 281 -1299 TDD (612) 281 -1290 LOCAL CONTROL. View the video on whether cities will retain control over their rights of way. Will property tax reform diminish the ability of cities to provide services? Tips for bringing the impact on cities of these and other MINNESOTA ELECTION 96 ISSUES to the attention of national and state candidates. Gary Carlson, Director, Intergovernmental Relations Sharon Klumpp, Associate Executive Director, League of Minnesota Cities Lower St. Croix Planning Coordination Office 117 Main Street Stillwater, MN" 55082 612- 439 -7122 TO: Lower St. Croix Planning Task Force; Local Governments; Interagency Contacts FROM: Buck Malick, Chair, Lower St. Croix Planning Task Force Kate Hanson, Planning Coordir for DATE: Thursday, August 29, 1996 This is to remind you of our next Task Force meeting: When: Tuesday, September 10, 1996 7:00 9:30 p.m. Where: Phipps Center for the Arts, Auditorium 109 Locust Street, Hudson, Wisconsin Topic: Cultural Resources of the Lower St. Croix Riverway The agenda for this meeting is on the reverse of this page. September 24 -26 Planning Workshop: We're still working on the agenda for the "Management Concepts" workshop, keeping in mind the Task Force's preference to meet in afternoons and evenings. We'II have more specific information on Sept. 10; for now, please make note of the workshop dates. This workshop will be important to development of the plan, and we hope all Task Force members will be able to attend all or a portion of the workshop. Meetings After September: With the September 10 meeting and the planning workshop at the end of the month, we will be completing the schedule the Task Force set for itself last May. At the beginning of our Sept. 10 meeting, we'll take a few minutes to determine whether the Task Force would like to schedule additional meetings in October and November to discuss topics such as Land Use, Concerns of Local Governments, Economic Considerations (including tourism) and the Watershed Stewardship Statement (along with any other ideas for meeting topics). Please give some thought to: (a) topics you think it would be valuable to learn more about and discuss; and (b) how often you want to meet after Sept. If you won't be at the meeting Sept. 10, feel free to give Kate or Buck a call with your ideas. (Kate: 612 -351 -9523. Buck: 715 386 7010.) 7:00 p.m. 7:40 8:10 Questions 8:35 Questions 8:55 9:30 Agenda: Lower St. Croix Planning Task Force Tuesday, September 10, 1996 Phipps Center for the Arts, Hudson, Wisconsin Convene /Miscellaneous Business September planning workshop Meeting topics for October /November (see below) 7:15 History of the Lower St. Croix yalley prior to European settlement and cultural significance of the Riverway to American Indians (speaker to be announced) Questions 7:45 History of the Lower St. Croix Valley post European Settlement (Helen White, Author and Historian) 8:15 Laws and regulations relating to cultural resources and programs available to support protection (Dennis Gimmestad, Minnesota Historical Society and Rick Dexter, Wisconsin Preservation Office) 8:40 Overview of cultural resources in the federal zone of the Lower St. Croix (Jean Schaeppi, National Park Service, Lower St. Croix National Scenic Riverway) Questions 9:00 Opportunities for Preservation of Cultural Resources (Pat Nunnaily, Consultant) 9:15 Discussion of Ideas to Carry Forward in Planning Adjourn Please note: We are still in the process of compiling notes from the August meeting. They will be distributed to the Task Force on September 10 and mailed to those not present. fate Sept. 4 Sept. 4 Sept. 5 0 ose 1. 4:30 Roll Call 2. Consent Calendar 3. 4:30 General Administration J. Schug, County Administrator 4. 4:40 Discussion from the Audience 7. 4:50 Adjourn Committee WASHINGTON COUNTY *NOTICE CHANGE IN TIME COUNTY BOARD AGENDA SEPTEMBER 3, 1996, 4:30 P.M. Dennis C. Hegberg District 1 Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dave Engstrom District 5 /Chair Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. 5. Commissioner Reports Comments Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the stag. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence Metropolitan LRT Plat Commission Finance Committee Meeting MEETING NOTICES Time Location 8:30 a.m. 9:30 a.m. 9:00 a.m. Assistive listening devices are available for use in the County Board Room. If you need assistance due to disability or language baffler, please call 430 -6000 (TDD 439.32201 EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Hennepin County Government Center Washington County Government Center Washington County Government Center 7 The. following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration Assessor Auditor Treasurer Community Services Public Works WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* SEPTEMBER 3, 1996 A. Approval of the August 20, 1996 Board Meeting minutes. B. Approval of early hirg of the position of Public Information Specialist. fi C. Approval to .raise the assessment service charges that are contracted to the Washington County Assessor's Department (1997 rates). D. Approval to order a reappraisal of tax- forfeited parcel 9305 -2220, remaining unsold after last public auction and withdrawing such parcel from sale until it may be offered at a future public auction. E. Approval of resolution, repurchase of tax- forfeited property, plat /parcel #93031 -2800 by Judd A. Jackson, owner. F. Approval to submit the Adult Mental Health Systems Improvement Pilot Project Proposal in partnership with Ramsey County Human Services, to the Department of Human Services. G. Approval to enter into an amendment to an agreement with the City of St. Paul Park to update the Hazard Identification Beacon Agreement No. 8822 to conform with the new Cost Participation Policies. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. ea 1 Metropolitan Council August, 1996 REGIONAL BLUEPRINT ABOUT THIS ISSUE This issue summarizes the results of public input on the Metropolitan Council's regional growth planning options. The Council held focus groups, conducted a telephone survey, held open houses and invited written and electronic responses during the spring and sli$im of 1996. More than 2,000 people participated. WHAT DO TWIN CITTANS VALUE MOST? People value a healthy urban core, neighborhoods with community spirit, nearby open space and accessibility. The opinion comes from: 1) a random sample telephone survey of Twin Cities Area households, conducted by the University of Mnnesota on contract with the Council; 2) focus groups, which used electronic voting technology to record participants' basic values; and 3) comments via telephone, letter, e-mail and public meetings. The public input was not a Working .for the Region. Planing or the Future ate 4- "vote" on a growth option, but a way to get public feedback on what is important to people in planning how the region should grow. Knowing people's underlying values is essential for the Council to develop plans to accommodate future growth and development. The Council forecasts large growth for the seven county area: 650,000 more people and 330,000 more households by the year ■2020. The Mandl will select a growth oNon in October by considerinkthe public input and other f ctors, such as costs, ser and transportation requirements, and the environmental and sooPal aspects of housing an expanding population. A HEALTHY URBAN CORE Mears Park Centre 230 East Filth Street St. Paul, Minnesota 55101 -1634 Regardless of where they live, respondents strongly support revitalizing and redeveloping the region's core. The highest priority for a regional growth strategy, focus group participants say, is to revitalize the core. MORLI WELDON CLERK CITY OF STILLVATER 216 4TN Sr M STILLVATER MN 55082 -4898 Some the ph edge o 1 1 1 1 1 1 1 1 REGIONAL X 11986 ME1559B Recycled paper: Contains at least 20% post consumer waste: soy -based ink. Many participants see the current development pattern exacerbating problems in the region's core. memb urban aband The 1,500 phone survey responde say a 'vital metropolitan core is important in the region's future, but rank it below protecting open space, good transportation and affordable housing. NEIGHBOR- HOODS WITH CO1VZMUNTTY SPIRIT People put a high priority on neighborhoods and a sense of community. Overall, they like their neighborhoods, and do not believe quality of life there has deteriorated. However, 60 percent of focus group members say the region 's BLUEPRINT "AIM-CLASS MAIL U.S. POSTAGE PAID St Paul. MN Permit No. 7029 quality of life is deteriorating, while nearly three- fourths believe their neighborhood has stayed the same or improved. Nearly two-thirds of focus group members either prefer or don't object to a mix of housing types in their neighborhood, if new housing is to be built. The opinion cuts across participants from the central cities, older and newer suburbs and rural areas. Nearly half the phone survey participants said the mix doesn't matter to them, while about a third would prefer all single family housing. Most people in focus groups want to stay in their neighborhood for the foreseeable future. Some 68 percent of them see a time when they will want a different housing type. About half said their n ghborhood currently has e housing they will want. no addition, people want neighborhood close to open space and schools. Over 40 percent of phone survey respondents prefer a small town and viral atmosphere, far above the percentage currently living in these areas. PROTECTED OPEN SPACE NEARBY Three- fourths of phone survey participants said protecting wetlands, woodlands and other natural areas is their highest- ranking value. Protecting agricultural lands also ranked high. Focus group members say loss of open space is one of two major problems facing the region. Only social conditions (crime, public health, breakdown of families) got a higher priority. Concern for loss of open space is greater for central -city and rural area residents, but less so for suburbanites, who are more likely to identify crime as the key problem. AN ALTERNATIVE TO THE AUTOMOBILE Some 90 percent of focus group members want planning to support a transportation system alternative to the automobile. Eighty percent prefer more public investment in transit service, compared with 17 percent favoring more investment in roads. In addition, 58 percent suggest light rail transitor expanding bus seAce as a key transor don strategy. Phone survey participants 'aso are concerned about transportation and congestion, seeing transit` as the major transportation need. NEXT STEPS The Council will be using all this information to fashion a growth management strategy for the region. The agency is tentatively scheduled to select a preferred option (for purposes of holding a formal public hearing) on Oct. 10. For information about meetings between now and then, call Donna Mattson at 291 -6493. 44 4. 'on services to carry it t. The Council expects ttjformally adopt the package of plans by the end of the Aar. Copies of summary results from the phort survey, focus groups apc1 public comment are Amiable by calling the Regional Data Center at 2914140. Ask for Growth Orions: A Summary of Pgblic Comments. EAnail request to datacenieetc ttare.mn.us Copies of the sizable raw data also arefvailable for inspection 4 the Data Center. Asf for the Appendiro the summary reportttled Growth Optio Public Comments. 1 s1s.5 After selecting a growth management strategy, the Council will prepare plans for regional sewer and Upon request, this publication will be made available in alternative formats to people with disabilities. 612 291 -6359 TTY 291 -0904 REGIONAL BLUEPRINT III August 22, 1996 PRESENT: STILLWATER TOWN BOARD MEETING Town Hall 7:30 P.M. Chairperson David Francis; Supervisors Jerry Hicks, Louise Bergeron, Jack Takemoto and David Johnson. Also, Planner Meg McMonigal, Engineer Paul Pearson, Attorney Andrea Poehler and Peace Officer Steve Nelson. 1. AGENDA M /S /P Bergeron /Johnson moved to adopt the agenda as amended. (5 ayes) 2. MINUTES M /S /P Hicks /Bergeron moved to approve the 8/8/96 Town Board Meeting Minutes as written. (4 ayes Johnson abstain) M /S /P Bergeron /Takemoto moved to approve the 8/13/96 Special Town Board Meeting Minutes as written. (5 ayes) M /S /P Bergeron /Hicks moved to correct item 12 of the 7/11/96 Town Board Meeting Minutes thusly in line two of the first sentence eliminate the last three words and add the word "Election." (5 ayes) 3. CHECKS /CLAIMS Claims #1139 through #1169 were approved for payment. 411 4. SCHOOL DISTRICT C.U.P. M /S /P Bergeron /Hicks moved that the Chair sign the School District C.U.P. (5 ayes) 5. HUNTERS RIDGE LETTER OF CREDIT M /S /P Hicks /Bergeron moved to reduce the Hunters Ridge Letter of Credit by $110,800.00 contingent upon review and acceptance by the Township Engineer of the bituminous testing results. (5 ayes) 6. RIVARD HEARING The Township requested a pre -trial conference. However, Judge Eggleston has requested an evidenciary hearing. 7. JOINT PLANNING PROCEDURES The Attorney's draft of the Joint Planning Procedures was discussed. It will be re- worked to include the City being made aware of any development applications submitted to Stillwater Township and the flow chart. 8. ROADSIDE WASTE PICK -UP The Attorney is directed to draw up a contract for roadside pick -up and disposal of wastes dumped along Township roads between Larson Hauling and the Township. 9. BUSSE MINOR SUBDIVISION M /S /P Bergeron /Hicks moved to approve the Busse Minor Subdivision based on a park dedication of $2,933.00, 10% of the value of the new 10 acre lot before platting per the McCombs, Frank, Roos letter of August 20, 1996. Deeds to be reviewed and approved at a later •date. (5 ayes) A certified check for the park donation is to be submitted to the Clerk immediately. Stillwater Town Board Meeting 8/22/96 Page Two 10. PEACE OFFICER 1. McMillans contacted. Will be getting a Residential Kennel License shortly. 2. Brian Stevens property being checked out for the possibility of a business being carried on there. 3. Mr. Huntsman has responded to concerns regarding dirt bike nuisance on his property. The land may be sold to the City of Stillwater for park use. 4. Talked about activity on the Oie property. Some clean -up happening but nutrber of cars increasing. Sale of the property is still ongoing. 5. Radar still being run on Stonebridge. 11. KITTLESON RESIDENTIAL KENNEL PERMIT M /S /P Hicks /Bergeron moved to approve the renewal of the Kittleson Residential Kennel License 1996 1998. (In case of a move, a pro -rated rebate of the $60.00 fee will be made.) (5 ayes) (Board suggested Ms. Kittleson seriously consider getting a C.U.P. See minutes 8/8/96 for background.) 12. HUNTERS RIDGE R.R. CROSSING M /S /P Johnson /Bergeron moved the attached Resolution #96 -8 -22 as prepared by the Attorney. (5 ayes) 13. MINING ORDINANCE M /S /P Hicks /Bergeron moved to direct the Planner to• compare the Township and County Mining Ordinances. The differences are to be red lined. A recommendation for incorporating suggested County changes into the Township Ordinance to be forthcoming. (5 ayes) 14. COUNTY TRAIN ORDINANCE The Planner is to look at the County Train Ordinance and bring back a proposed ordinance for future adoption by the Township. 15. U.S. WEST PERMIT M /S /P Takemoto /Johnson moved to approve U.S. West putting in a cable along Stonebridge Trail from Otchipwe to Penfield. (5 ayes) 16. ENGINEER 1. Spoke about the overlay project. Overlayment will take place either September 3rd or 9th. 2. Reviewed solutions to the Curtiss Hills Trails #1 and #2 erosion problems. M /S /P Johnson /Hicks moved to authorize spending $6,500.00 to correct erosion problems involving trails in Curtiss Hills North and South. (5 ayes) Expenditure to be taken from the Park and General Fund (50/50 split). 17. SUPERINTENDENT OF PARKS AND TRAILS M /S /P Takemoto /Johnson moved that Louise Bergeron will draw up a job description for this new position. Reimbursement will be for hours and mileage. Next meeting. (5 ayes) 18. HOLIDAY MEETINGS CANCELLED M /S /P Bergeron /Hicks moved to cancel the 2nd meetings in November and December due to the holidays. (5 ayes) ♦.l Stillwater Town Board Meeting 8/22/96 Page Three 19. PARK REPORT Talked about the garbage enclosure, the ballfield being improved, the need for a long term plan for repairs to the town hall and suggested a town hall improvement committee of residents be set up. 20. BROWN'S CREEK M /S /P Johnson /Bergeron moved to approve the dissolution of the Brown's Creek WAMO. (5 ayes) 21. TAKEMOTO RESIGNATION M /S /P Hicks /Bergeron moved to accept a tentative resignation from Supervisor Jack Takemoto. He agrees to stay on until a replacement is found. (4 ayes Takemoto abstain) The vacancy will be advertised. 22. ADJOURNMENT Meeting adjourned at 10:55 p.m. Clerk Chairperson 40 Approved 2. Consent Calendar Date 1. 1:00 Roll Call 7. Board Correspondence 8. 1 :25 Adjourn Committee 7 Interview Valley Branch Watershed Vacancy 7 Planning Advisory Commission 8 Mosquito Control Executive Committee Aug. 28 Solid Waste Management Coordinating Board WASHINGTON COUNTY *NOTICE CHANGE IN TIME COUNTY BOARD AGENDA AUGUST 27, 1996, 1:00 P.M. r 3. 1:00 Public Works Department D. Wisniewski, Director Easement to Construct a Pipeline Adjacent to CSAH 19 in the Cottage Grove Ravine Regional Park 4. 1:05 General Administration V. Erdahl, Deputy Administrator 5. 1:10 Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. Commissioner Reports Comments Questions This period of time shall be used by the Commissioners to report to the full Board on commiuee activities, make comments on matters of interest and information, or raise quesdons to the staff. This action is not intended to result in substantive board acdon during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. 1:30 Workshop with Community Services Department Room B to 2:00 Ramsey and Washington Counties Adult Mental Health Systems Improvement Pilot Project MEETING NOTICES Time 12:30 p.m. 7:00 p.m. 9:00 a.m. 10:30 a.m. Location Assistive Nst.ning devices are available for use In the County Board Room. If you need assistance due to disabiNty or language barrier, pI.aae cell 430 -6000 MD 499 -32201 EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Dennis C. Hogberg District 1 Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 Dave Engstrom District 6 /Chair Washington County Government Center Washington County Government Center 2099 University Avenue W. St. Paul 2099 University Avenue W. St. Paul WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* AUGUST 27, 1996 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the August 13, 1996 Board Meeting minutes. 0' Health, Environment and B. Approval to submit a $10,000 grant application to the Minnesota Department Land Management of Health, Breast and Cervical Cancer control program, for the period of October 1, 1996 through September 30, 1997. Human Resources C. Approval of Special project Clerk I in the Court Administrator's Office from August 26, 1996 through June 30, 1997. Public Works D. Approval of proposed 1997 fees and charges and approval to establish a boat launch fee of $10 at the Ceridian Recreation Area. E. Approval and execution of cooperative agreement with Baytown Township for construction of Northbrook Boulevard and Osgood Avenue. F. Approval of Purchase Order No. 385026 to Earl F. Anderson, Inc. for playground equipment in the amount of $41,725 and authorization for payment. G. Approval and execution of lease of parking spaces at Salem Lutheran Church through the signatures of the Washington County Board of Commissioners Chair and the County Administrator. H. Approval and execution of contract for the County parking ramp surface maintenance with Carciofini Caulking Company in the amount of $19,500 and approval of payment. Recorder I. Approval for Plat of Speltz Addition, Grant Township. Sheriff J. Approval of contract with Century College for providing approved peace officer training for the period September 1, 1996 through June 30, 1997. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. METRO MEETINGS A weekly calendar of meetings and agenda items for tie Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229 -3780 and by computer modem, through the Twin Cities Computer Network at 337 -5400. Comments on Council issues can be made by electronic mail at data.center@metc.state.mn.us or by calling the Public Comment Line at 291- 6536. DATE: August 30, 1996 WEEK OF: September 2 September 6 METROPOLITAN COUNCIL LABOR DAY HOLIDAY Monday, Sept. 2. Council offices are closed. Transportation Technical Advisory Committee to the Transportation Advisory Board Wednesday, Sept. 4, 9 am., Chambers. The committee will consider: Metro Division Transportation System Plan; development growth options; Transportation Policy Plan status; 1997 Unified Planning Work Program; and other business. Community Development Committee Wednesday, Sept. 4, Noon, Chambers. The committee will consider. city of Champlin comprehensive plan update; city of Shakopee comprehensive plan update; and other business. Transportation Accessibility Advisory Committee Wednesday, Sept. 4, 1 p.m., Room 1A. The committee will consider: Metro Mobility draft demand request for proposals assumptions; weekend regular route accessible service; Metro Mobility public hearings on 1 to 4 day advance reservations; Metro Mobility operations report; and other business. Proposed Southeast Regional Plant Site Selection Work Group and Community Task Force Workshop Wednesday, Sept. 4, 4 6 p.m., Metro 94, Suite 32 Conference Room, 455 Etna St, St. Paul. Committee of the Whole -Thursday, Sept. 5, 1 to 5 p.m., Room 2A. The committee will discuss growth management strategy. Metropolitan Radio Board Friday, Sept. 6, 9 a.m., Metropolitan Counties Government Center, 2099 University Ave. St Paul. The board will consider. preliminary report on financial consultant study, update on technical design; memorandum of understanding with city of Eden Prairie; approval of Minneapolis Radio System Plan; update of Hennepin County and Minneapolis contract; and other business. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St, St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291 -6447, (TDD 291 -0904). Call the Metro Information Line at 229 -3780 for news of Council actions and coming meetings. TENTATIVE MEETINGS THE WEEK OF SEPTEMBER 9 THROUGH SEPTEMBER 13, 1996 Transportation Committee Monday, Sept. 9, 4 p.m., Chambers. Special Meeting/Finance Committee Monday, Sept 9, 3 p.m., Room 2A. Public Hearing on Metro Mobility Four -Day Reservation Demonstration Project Monday, Sept. 9, 6 p.m., Chambers. Primary Election Day Tuesday, Sept. 10. No public meetings held by government agencies. Public Hearing on Metro Mobility Four -Day Reservation Demonstration Project Wednesday, Sept. 11, Noon, Minneapolis Convention Center, Room 102, 1301 2nd Ave. So., Minneapolis. Executive Committee Thursday, Sept. 12, 8 a.m., Nicollet Island Inn, 95 Merriam St, Minneapolis. Providers Advisory Committee Thursday, Sept, 12, 10:30 a.m., Room 1A. Transportation Advisory Board Policy Committee Thursday, Sept. 12, 12:30 p.m., room to be determined. Land Transportation Committee Thursday, Sept. 12, 1:30 p.m., Room 2A. Metropolitan Council Thursday, Sept 12, 4 p.m., Chambers. Committee of the Whole Thursday, Sept. 12, 5 p.m. or immediately following the Council meeting, Room 2A. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting Tuesday, Sept. 3, 4 p.m., Chambers. The commission will consider: public hearing draft analysis of Ceridian property (Washington County) as a regional park; public hearing draft analysis of Square Lake County Park (Washington County) as a regional park recreation special feature; public hearing draft analysis of Mississippi West County Park (Anoka County) as regional park and deletion of Rum River South Regional Park; analysis of Cedar Lake (Scott County); briefing on Lake Harriet Regional Park development briefing on current Southeast Regional Treatment Plant sites, including Grey Cloud Island Regional Park; and other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agendas occasionally maybe changed. To verify meeting information, please call 291 -6456. 4